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Home My WebLink About0999 IYANNOUGH ROAD/RTE132 `� �� II �� i i , , Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street,Hyannis, MA 02601 www.town.barnstable.ma.us Pre-application for Business Certificate Date Map Parcel Applicant Information Applicants Name CA egh f r,0j w, tc-1W c!Aeak °C Applicants Address tAz M_ui,-i�}TPj u }en, N1d onla Email Address u�.n (0M Telephone Number 7nj-5$5- $1�3to Listed ® Unlisted ❑ Business Information New Business? --------------------------------------- Yes Nto Business is a registered corporation? ------------------------- Yes No If yes Name of Corporation Does business operate under the registered corporate name? Yes No Is the business a sole pro�rietorshiQor home occupation? --------- t es No If yes then a Home Occupation Registration is required—See Building Division Staff Name of Business No-nnis tiobr. Inn Business Address qqq Aonnouok Pj �Aannis, An,A ca('01 Type of Business Mow 5ewc- ] Bu' ing Com ' sioner Office Use Only c Condi ' Is. L' i W Building Commissioner - G V. 4-" Date ___Q�5-// Clerk Office Use Only S issachusetts able 362-4038 )N REGULATIONS RFORM ELECTRICAL WORK 0 NS No Meters: 0 0.00 NS Underground: False 0 Sub Panel#: t 0 False Sub Panel Amps: 0 T & TAP. A CUT & TAP MUST BE DONE BY AN E- R THE POWER COMPANY. ccordance with MEC Rule 10, and upon completion. it for the performance of electrical work may issue unless eted operation" coverage or its substantial equivalent. The ibited proof of same to the permit issuing office. Town of Barnstable Regulatory Services ; Richard V. Scali,Director '* )ARNBrABLE. t Building Division iOrEb A Paul Roma Building Commissioner ` 200 Main Street, Hyannis,MA 02601 www.town.barnstable:ma.us ? Office: 508-862-4038 Fax: 508-790-6230 COMPLAINT/INOUIRY REPORT Date: l Rec'd by: Complaint Name: mL� �, Map/Parcel-r-2/'�7 Location r. Address:9 Originator Name: -� g Street: ! 1 3 7— I Village: / . h I-f State: Amli- Zip: Telephone• �: <. ,.,•. y�. Complaint Description: Li, T FOR OFFICE USE ONLY, , Inspector's Action/Comments Date: �� -! Inspector: 7 ' rl6f' Additional Info.Attached r Q:forms:complaint Revised:07/18/16 A Town of Barnstable o . ; �FTHE Tgf�o Building Department Services Brian Florence,CBO �� O 9MAB& $RAMSTABLA Building Commissioner �� Apr 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us 14 Office: 508-862-4038 "": 508-790-6230 COWLAINVINOUIRY REPORT Date: Rec'd by: Complaint Name: Map/Parcel Location Address Originator Name: Street: Village: State: Zip: Telephone: .. � ^ / P P Complaint Description: l�tf}� !� �•/cCGj , 1-1 1,:2 &04� /Zclvl�cve), �o AQ� �� U/a C v �c0� ex C141 l �\ FOR UFFICE USE ONLY Inspector's Action/Comments Date: Inspector: . Additional Info.Attached Q:forms:complaint Revised:08/16/17 Commercia _- Current Use Proposed Use_ BUILDER INFORMATION Name 1 �` I Telephone Number g12 Address License# cYoky l's V-9,�2 IV Home Improvement Contractor# leis Worker's Compensation# P i ALL CONSTRUCTION DEBRIS RESULTING FRO OJECT WILL BE TAKEN TO — SIGNATURE DATE TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application# -�-- NN Health Division Conservation Division Permit# ' o Tax Collector Date Issued Treasurer Application Fee s Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board . Historic-OKH Preservation/Hyannis Project Street Address P 9? t \0A 6 Village r'tI+tIJ S Owner Address Telephone Permit Request RE ' S H 1 W6LE (200 F Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuationl Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. r Dwelling Type: Single Family ❑ Two Family 0 Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes O:'No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) �i Number of Baths: Full:existing new Half:existing new r> LJR 1 Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New .Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial 0 Yes *: -If yes;site plan review#. Current Use _ Proposed Use BUILDER INFORMATION Name ®A V 16 1k)H I TE Telephone Number 50 Address 0&0 TREd''CW T S i License# A�JS Home Improvement Contractor# Worker's Compensation# W(-2 -315 . 3 992 7)- 016 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO FRIVATc b(SP®SAc.. ,Ceai '15RAC70R SIGNATURE Y DATE '-I f to b-7 i FOR OFFICIAL USE ONLY t PERMIT NO. DATE ISSUED R MAP/PARCEL NO. ADDRESS VILLAGE f OWNER - - - DATE OF INSPECTION: FOUNDATION I FRAME INSULATION i FIREPLACE ELECTRICAL: ROUGH FINAL r- PLUMBING: ROUGH FINAL l GAS: ROUGH FINAL - FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. IThe Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' d ! 600 Washington Street Boston,ALL 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Bnilders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name ess/Organization/Individual): . O Addres e4y-RKc Dl-z� 7 City/State/Zip: Phone:#: Are you an employer? Check the appropriate box: Type of project(required):, 1.❑ I employer with 4. ❑ I am a general contractor and I loyees(full and/or part-time).* 1 have hired the sub-contractors .` 6. ❑New construction 2. am a'sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling shi and have no employees These sub-contractors have P8. ❑Demolition working for me in any capacity. employees and have workers' comp. insurance.t ' 9. ❑Building addition [No workers' comp.insurance P• required.] 5• ❑ We are a corporation and its 1W. Other 'cal repairs or additions officers have exercised their 3.❑ I am a homeowner doing.ali work 1ing repairs or additions myself. [No workers' comp. right of exemption per MGL 1epairs insurance required.]t c. 152, §1(4), and we have no employees. [No workers' 1 comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees: If the sub-contractors have employees,they must provide their workers'comp.policy number. lam an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Name: G'2-� AIVT✓ram Policy#or Self ins.Lic.#: Ly(,2�� _ Expiration Date: Z- Job Site,Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance covers nfication. I do hereby certi er t psis penalties of perjury that the information provided abov, .is tr a d correct.' Signature: Date: al/2� Phone#: Official use only. Do not write_in this area, to be completed by city or town officiaL City or Town: Permit/License# Issuing Authority(circle one); 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a-deceased employer, or the receivj=_or=tee-of an individual,,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." mGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to-operate a business or to construct buildings in the commonwealth for any applicant who has not producedz acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for:the performance of public work until-acceptable evidence of compliance with the insurance requirements of this chapter have been presented'to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-conti•actor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies.(LLC) or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit.or.license is being requested,not the Department of Industrial Accidents.- Should you have any questions regarding the law or if you are required to obtain a workers.'- compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. .City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In.addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related io any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions please do not hesitate to give us a call. The Department's address,telephone-and fax number: The Commonwealth of Massachusetts Departme-zt of lndvs al Accidents Office of Investigations 600'Washington Street Boston,MA 02111 TeI.#617-727-4900 ext 446 or 1-977-MASSAFE Fax#617-727-7749 Revised 11-22-06 www.mass.gov/dia 9 3 Liberty Mutual Group =t Y� Liberty Po Box 7202 MU < Portsmouth;NH 03802-7202 4a � tuo Telephone(8()0)653-7893 Fax(603) 131-5693 X #; Mav 10, 2006 TOWN OF HARWICH 732 MAIN ST HARWICH,MA 02645- k * Y � s: �4 RE: Certificate of Workers Compensation Insurance Insured: ROBERT WELCH PO BOX 351 a s i,.yls CUMIvIAQUID,MA 02637 r ' Policy Number: WC2-31S 359271-016 Effective: 4/29/2006 Expiration: 4/29/2007 Coverage afforded under Workers Compensation La+v of the following state(s) MA >z*, Employers Liability: Bodily Injury By Accident: $ 100.000 Each Accident f Bodily Injury by Disease: $ 100;000 Each Person - Bodily Injure by Disease: $ 500.000 Policy Limits r As of this date.the above-referenced policyholder is insured by Liberty Mutual Fire Insurance Co under the policy listed above. The insurance afforded by the listed policy is subiect to all the terms, exclusions and conditions, and is not altered by any requirement. term or condition of any or other documents with respect to i+,hich this certificate may be issued. This certificate is issued as a matter of information only and confers no right upon.you, the certificate holder. This certificate is not an insurance policy and does not amend. extend, or alter the coverage afforded by the i policy listed above. -If this policy is cancelled before the stated expiration date.Liberty Mutual will endeavor to notiA,you of such cancellation; AUTHORIZED REPRESENTATIVE LIBERTY MUTUM,INSURANCE GROUP This Certificate is executed by LIBERTY NIL 1 L!-\L INSLRANICE GROUP as respects such incur w as is.d3orded by those companies. cc: Insured: Producer of Record: ROBERT WELCH MARSHALL K LOVELETTE INS AGCY PO BOX 351 PO BOX 836 CUMMAQUID,MA 02637 WEST YARMOUTH, MA 02673 >JI012006 Town•of Barnstable Regulatory Services Thomas F:Geiler,Director wilding Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 " 8=862-4038 Fax: 508-79076230 �0 Property Owner Must T Complete and Sign This Section If Using A Builder R 7 ,as Owner of the subject property x �S s (� :.? hereby authorize // W d ) to act on my behalf, in all magets relative to work authorized by this building p e=ait application fox: i, . Z/i 4��Mwm't (Address of job) ' ®© tore of Owner Date Print Name Q:FORMS:OVINERPER2s MSION CIiSTUM BT Custom Carpentry, INC. � 508-360-8347 CARPENTR tbenho@gmail.com t Regarding the renovation work to be done at The Hyannis Star Motor Inn, `999 lyannough'Rd:Hyannis MA, 02601. Work will be conducted in an existing building referred to as rooms numbered "14". The building is located on the left of the property as seen from the street lyannough Rd. The building is perpendicular to another existing building rooms "5-10" which is parallel to lyanough Rd. Our intention is to upgrade these rooms numbered "1-4" with modern finishes.. The intended use is and has been a motel, occupancy R-2 (Non- transient), in which occupants stay overnight at an agreed upon rate, in accordance with MA general laws and tax codes. Pertaining to the Fire Alarm System; we will be using a prescriptive based approach to altering our fire alarm system. Each room "14' shall have, on the ceiling, a single smoke alarm and carbon monoxide detector "interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual units" [780 CMR 907.2.11.3]. The alarms will be reconnected to the existing panel located in the office. The alarms will receive power from the building wiring and be equipped with a battery backup. The system has already alarm bells on the exterior of the building which coincide with the alarm system. Thank You For Your Business MA License#CS-106046 Commercial ❑Yes, ❑No If yes,site plan review ft Current Use Proposed Use BUILDER INFORMATION Name �AVw '� Telephone Number Address SrS c. 1- License# �g A-Yb�i�l� �4 `jam Home Improvement Contractor# Worker's Compensation# TAL CL ONSTR C N-DEBRIS-RESULTING`FROM-THIS-PROJECT WILL BE TAKEN T0� I_®aER- (fPILD SIGNATURE DAtTE a l •` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ,. © 4 Map qq Parcel "' `Application#; Health Division Conservation Division Permit# / Tax Collector Date Issued /L6 Treasurer Application Feed Planning Dept. Permit Fee �a ka; t Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Str t Address 961 Village Owner l Address Telephone Permit Request hold Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 50 Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentations IJ Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) r M' Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Hgh way: ❑Yes _O No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Othera Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) / Number of Baths: Full:existing new Half:existing ! never Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: 0 Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# - -- ----�"` Current Use Proposed Use BUILDER INFORMATION Name 2, � Telephone Number SOY'12Xe '5. o �. Address , /,, . �,k License# /0) .ig Cab, l do Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS R�ESULTIN M THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE - . FOR OFFICIAL USE ONLY 1 2 PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS 1 VILLAGE ' OWNER DATE OF INSPECTION: FOUNDATION i FRAME INSULATION i FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ! i GAS: ROUGH FINAL ? FINAL BUILDING , DATE CLOSED OUT I � ASSOCIATION PLAN NO. = BOARD OF BUILDING REON�TIONS s CONSTRUCTION SUPERVISOR �- License: Number CS . 083898 Birthdite 01/01/1951 Ex`fires:07/01/2008 Tr.no: 28912 ` P Resrldted 00 ' DAVID C WHITE G t, 88 TREMON, MA 02048 Commissioner MANSFIELD, - ;`�► � Town'of Barnstable Regulatory Services XAS& $ Thomas F.Geiler,Director ED�;►{° wilding Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 ffice:. 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, 94A �jrl �(-YIf�'d'?� , as Owner of the subject property hereby authorize f/ f )- to act on mp behalf, in all matters relative to work authorized b7 this building permit application for: �— (Address of Job) tune of Owner Date Print Name 0:FORMS:oWNERPERMIS SIGN Liberty Mutual Group Liberty PO Box 7202 mUtuilb Portsmouth,NH 03802-7202 Telephone(800)653-7893 Fax(603)431-5693 May 10, 2006 TOWN OF HARWICH 732 MAIN ST HARWICH.MA 02645- 7 RE: Certificate of Workers Compensation Insurance Insured: ROBERT WELCH PO BOX 351 CUMMAQUID, MA 02637 Policy Number: WC2-31S-359271-016 Effective: 4/29/2006 Expiration: 4/29/2007 Coverage afforded under Workers Compensation Law of the following state(s): MA Employers Liability Bodily Injun,By Accident: '$ 100.000 Each Accident Bodily Injury by Disease: $ 100.000 Each Person Bodily Injury by Disease: $ 500_000 Policy Limits As of this date, the above-referenced policyholder is insured by Liberty Mutual Fire Insurance Co under the policy listed above. The insurance afforded by the listed policy is subject to all the terms. exclusions and conditions. and is not ' altered by any requirement;term or condition of anv or other documents with respect to which this certificate may be issued. This certificate is issued as a matter of information only and confers no right upon }ou, the certificate holder.. This certificate is not an insurance policy and does not amend. extend, or alter the coverage afforded by the policy listed above. - If this policy is cancelled before the stated expiration date,Liberty Mutual will endeavor to notiA7 iyou of such cancellation. w AUTHORIZED REPRESENTATIVE LIBERTY m rUAL INSURANCE GROUP This Certificate is executed b}•LBERTY N411 L'AL I'SLRA\CE GROI P as respects such insunmcr as is altorded by those companies. cc: Insured: Producer of Record: ROBERT WELCH MARSHALL K LOVELETTE INS AGCY PO BOX 351 PO BOX 836 CUMMAQUID,MA 02637 WEST YARMOUTH.MA`02673 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Gam. Map / Parcel (� q Application #�p I _✓ Health Division Date Issued Conservation Division Application Fee u Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis e►4sL_ S 0,0J� Project Street Address `9 9 9 R d /IZT E 13 2 Village Hl�Nr4 i S Owner M1 A k 1-6 e m Son Address 9 'Zy#41VN VQ b 9d 14V11,N1V)5 Telephone 7 7S 17,7(o Permit Request 'Romaje of Vbomc I—S/ y* Y ,vet4 bnfhenonjS' wet,; shte+rack nEeo 1 ig5u l 1R� t bjeLi 0 101/�� oyra e'#V4rrTr i71Gtavcp i9p ` Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new . Zoning District Hb Flood Plain Groundwater Overlay Project Valuation`o"10 r 00S Construction Type Lot Size 1-3y ,Refer Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure IN yes Historic House: ❑Yes A No On Old King's Highway: ❑Yes '® No 'Basement Type: ❑ Full 3 Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) 44 Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half:Pxis`ing� new Number of Bedrooms: existing —new Total Room Count (not including baths): existing new J14rst)FCoor Room Count y Heat Type and Fuel:, 09 Gas '❑ Oil I Electric ❑ &I Other Y�Vle�$r '' , �J�� Central Air: 2 Yes ❑ No Fireplaces: Existing New Existing woodkbal stove: Jd Yes ❑ No Detached garage: ❑existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: Ot existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: W existing ❑ new size _.Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial LIJYes ❑ No If yes, site plan review# Current Use M tT` e( Proposed Use IMd+1e 1° APPLICANT INFORMATION (BUILDER OR HOMEOWNER) - - Name -�T Gusto cla)-roeilkyv Telephone Number 10fi'300 r ?3,97 Address I`I Rle I32- License # e S'' 10(004/(p �q N-N I S M OZ&01 Home Improvement Contractor# 179395' Email 'Tbenh®Q fiMy►t COw1 Worker's Compensation # t-xcSoosoy 739 zci6 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO YAr mawfiN 12LhONQ SIGNATURE DATE I �o FOR OFFICIAL USE ONLY APPLICATION # .a: r - DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER i DATE OF INSPECTION: FOUNDATION FRAME INSULATION � `? FIREPLACE II ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL ' FINAL BUILDING R 7 S 7 DATE CLOSED OUT ASSOCIATION PLAN NO. I The CommompeaM of-assrdrusettr Office ofrm- ations. ' 600 WaSMu WOW Street Boston,MA 02HI It rvMmasLg4"1dia Wcwkers' Cam pensatienInsm-mceAffidavit HudIdexsi�tz�ctarsl'EI r-:a„c�•;;,.kers APpIkant Iufmmut� Please Print Name i�,Z euSom Cflroerry ��G. �aa�e� ��i �iv t4 Nfvt�ca Gl' e a � � - • 02601 P}a rno , S013�v 3(00 - 33y-7 Are you an employer?£:frecic the appropriate bow _ Type of project(required): I-❑ I am a employes vvith. 4. ❑I am a ges eral confoctor and I employees(full a=Vc)r part-time)_* 'havelsiredtfae sulr-coshacfars 6_ New eonsfitut&,a _ 2.El am a sale proprietor orpart�- fisted aathe ached sheet 7. [Remodeling. s and have no These sob-co mtt ha ve ave employees 9- 0 DeM0,1 0a w woddng for me imanycapacitk. employeesand have wo&er8' 9. El Rui1crmg additicil IN4 Wodomw Camp.iusuiz=e coMP-m¢gt M cx- , required-] 5. [ f We are a roaporafi m and its 10-❑Electrical repairs or additions 3_❑ I am a bomeowmer doing all work officers have exercised f3iek IL❑Plumbing repairs or adclrtions myself[No worloeis'oamp- xisbt of exemption per MAGI. �_ c.152, aadwelaavino L ❑Roafrepairs, ;s�c�txax�re required-]i §I{�, ; - employees.(NO worms' - 13.:10ther comp-iasuraace required_] `may app6�t Blast cbe�bos�1 taanst stm fiIlourthe sectioaheTow�vsoa=g @aeamna�ceas'cnvap�+�fi�,.+pay�y iaafotaasEe� _ #�n�eoamerswho sabaa�dais ad#idac�i�a:atiarg tiney ueda�tdF�ea¢3�arad�l�xe o�sid¢r�r�ra,rsaamst snhmita nemaffidaeit mdieatieg sacIL, . fC'aaausc[o�8�t cl�cic ilus boat zmast athrt�ffi addili®sl sheet`�+�+;t]aeaa�of the mh-e�mdrzecto-as�d state whether arnat tbnse er�itesha� - - emplo3Res.Ifthesvb-•cos. asEa�eeempIafeu,tfier»>ustrmuidarh�ir�kea�'t�.p[alicgaoamiset . I am ara slripl�r tltatis prauFdirrg�var&ers'caaarperesrrirrrn•i'risrira�ca for Ray*enrp��ee.� Betoav is flte pmticy had jab�rtr-' . ta�ormatiars - - — Ira�.ce'Comparayl'�ame: — Policy-4or-&H-inxlic-4 WerSoOSe)I I739 ZO1 Ekpi=fwnDzfte O2 to I 1 ZBi -7 Job Mfe Address 9 e 13 2 City/StzW4: H Y%q N N c S M A- 02601 Attach a copy of the warkers'compensation policy declaration page(showing the policy member and expiration date). Failure to secure coverage as required under Seck-on 25A of MGL r 157 can lead to floe imposition of criminal pemillies of a fine up to$1,50D.OQ aadlor one-yearimpusonmeent,as well as civs�penalties is doe foss of a S Up WORK ORDERand s hme Of up to$25U_00 a dap against tine violat mr. Be sdl ised fhat a Coff of this statement xuay be fiarwarded fa the Office of Imrestcgadons ofthe DIA for fiLwrance covemge i'e oa I rl'a Fierslry csrftf under the pesos and paraaftiss c filet fury fat t7ae iRfaraasativrr proud abot's is bars and correct Sisnafure: Date- t . i . Phone A- 50.8—30 — 5?3 4/7 O Edd am only. Da not wrke in this am ea,to be cmnpfeted by dfy or town gjokrat City or Taww Per>zaitUcense Issuing=luflur€ty(circle one): L Board of Keg& 3.BrT&ng Departmeut'3.#ityrrawn Clerk 4.Electrical Inspector S.Phoubmg Inspector 6.Other Contact Person: Phone k — _ 6 Iftformation, and lastratctions Mass�nseft Get=al Laws ffiVf Cr ISz MID=all empIUMS to XMi de wa i=:e compensation for t ieg eanpIcyees. { ,an ePIayes is defined as.¢_.eveaY Person.m the sravice of other under any contract ofhire, =pre=or IInpliod,oral or w� ar6l associafioa,c Cap oration or other legal entity,or any two or more An ezr�Toyer is d_fined as"an mdixvidnal,p �V� of the a egoi g=gages m aloint use,and inc�g the legal repr m tf B&r-s of a deceased employes,or 13ie er receiv or frost=_of an kdivi� Pazt=Ihip,associsfion or other legal entity,emploYmg employees. However the owner of a.dwejffng horse havingnotmore than three apadtmeUts andwho resides therein,or the occopamt ofthe- dwelling house of oath=$'who employs Persons to do mamfn-ce,constluction or rePair waric as swh dwelling house or On the gro'u ds or budding aPP the-efn shall nDtbecanse of such employmed be deemedto be an employer." MGL cbapter 152,§25C(t7 also states that"every state or Iocal Ezatt�g agency shall withhold the issuance or renewal of a&ease or permit to operate a business or to construct buRdings fu the commonwealth for any RP plicanfwho has not produced acceptable evidence of compU=m with tine insurance.coverage regnired." Additionally;MCA chapter 152,§25C(7)sus=Neifhe�r the CommgnWeahbL nor;rnyy of its political subdivisions shall MtYS mfn any caniiact fnrtbeperfvrmance ofpublic worlcunfil acceptable evidence of compliancawi h IbLO fit -m". recp=ements of thus djapter have been preset to the contacting auf ciity.7 APpl3=rts , Please fill Dirt tie woiimas'compeIIsafinn affidavit completely,by checidng ih a boxes that apply to Your sitnaiion and,if necessary', P19 sob-corfrartor(s)�e(s)' address(es)and phone numbers)along w&their c�cate(s)of insurance. Limithd.Liability Companies(LLC)or Limited LiabMty Partoeaships.(I I P)WI&no eoploye:es other than the members or pare,are not regtm:ed to cmy woncess'compensation msmance- If an LI C or LLP does have oyees,apoIicy is required. Be advised that this affidaykmaybe submitted to the Department of Industrial emploempl yee for conEamaiion of insurance coverage Also be sure to sign.and da't:ethe affidavit. The affidavit should Accidentbe.ret xned to the city or town that the application for the permit or license is being requested,not the Depmtneat of ITdustsial A caL rots 9muldyou have any questions rega�mg the late or ifyou are required to obtain a vs�arkess' mPensati co on olicL please call the Department at the number listed below_ Self-mmz ed comPanies should ends their p self_inm,ranc6 license number on the appropriate line. City or Town.Officials f M1 Please be sore that the affidavit is complete and pri rtDa lagibly. The Department has provided a space at,the bottom of the affidavit for you to fill Out is the event the Office of Investigations has to conbzt you regaTUng the applicant Please b e sure.in fill in the pe IIice�se ninnber which will be used as a referrmw number. Iu addition,an applicant that must submit multiple P=IVHceose aPPhbs ions in any givenyear.need-only submit one affidavit m�g event olicy in p fvrmatiaa Cif n )and under"Job Sib_-Address'°the applicant should wtd--"all locations in (CILY Or- town):'A copy of the-affidavit that has been officially stamped or marked by the y or town maybe provided to the ' applicant av°mofthat a valid affidavit is on file for fide permits or licenses. A new affidavit must be Bled out each a license or not=atnd to any business or commercial v�= year.Where a home owns or citizen is obtaining � in co•Mpletn this affidavit: Cie.a dog license or Permit fi bum leaves etc-)said person is NOT Ih=Office of Inyes(igafros�ouId]>�eto tbankyouis advance foryour coopezafion and shouldyou have any,questions, please do not hesitaiz to give us a call to one and fax numb= - The Departmemt's � - ' 'I�e w atttr of hfissach - eut cif 1a�ak AOCOeat t =Ce Cfkr�ezgtio Tf,-1.:'617-' -4 eft 4-06 or 1477 MA CAM Fax 6 617` 27'749 Kevisexi 424-07 .m; -g�gf�. . Massachusetts Department of Public Safety Board of Building Regulations and Standards License: CS406046 -Construction Supervisor BENJAMIN E THOMPSON 9991YAN01M. ROAD ' HYANNIS MA 02601 °" Expi ratiofl: Commissiotier. 02109/20.19 Office of Con' Affairs and Business Regulation 10,Park Plain- Suite 5170 Bo�Mas'scl usetts 02116 Home improvement Contractor Registration Registration-- 17934b Type:' Corporation w Expiration: 7/23/2018 Tr#'419291 Y {r- BT CUSTOM CARPENTRY INC. ;t F BENJAMIN THOMPSON 999 IYANNOUGH RD HYANNIS, MA 02601 Update Address and return card.Mark reason for change. SCA 1 v 20M-05n1 - _.... _ Address Renewal Employment Lost Carl C�%fie�ntir.�xn�rraeal(l a�'C��a�uc�uarelb Wev, Officc of Coas�er Affairs&Bosiness Regala8onLicense or registration valid for individual use only HOME IMPROVE1dENT CON RACTOR before the expiration date. If found return to: 06ce of Consumer Affairs and Business lation Registration 179345 TYPe� �'7f2Ml8 Corporation 10 Park Plaza-Suite 5170 ' Boston,MA 02116 ST CUSTOM CARPENTRY ING. BENJAMIN THOMPSON 999IYANN000H HYANNIS;MA 02801 Undersecretaryt valid without ' r o b t to e ' a I Town of Barnstable Regulatory Services ' MAS& Richard V.Scali,Director ibsq. ► ' Building Division Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize 40 $T C UST rn C e V► INC, to act on my behalf, in all matters relative to work authorized by this building permit application for. 999T-VIqfqNQ-IJQN SIN Is (Address o ob) **Pool fences and alarms are the responsibility of the applicant Pools- are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. ignature of Owner S' a of App 'cant M0, A- &Gga1itV E .Thom Son P:dnt.Name Print Name Date Q:FORMS:OWNERPERMISSIONPOOLS i THE ZONING ,IEF E E:I DETEn REy DL'�i^,l^ 1.r'rCRCEAIENTOF.. TiiC ) rICsR T;) C; :iL:TE R "EF eG ..- TOWN OF BARNSTABLE Zoning Board of Appeals Application for a Special Permit Date Received ` r For Office Use only: Town Clerk Of f ic� Appeal # j Hearing Date 12• l- q9 OCT 1 Decision due 1- lS• The undersigned her 0 o the Zoning Board of Appeals for a Special Permt; € RSand, for the reasons hereinafter set forth: Petitioner' s Name: Star Motel Realty Trust c/o Daniel Griffin, Jr. Petitioner' s Address: c/o Michael D. Ford, Esquire, P. 0. Box 665, W. Harwich, MA. 02671 (508) 430-1900 Property Location: 999 Iyanoucrh Road & 35 Pineneedle Lane, HY Property Owner: Star Nominee Trust and Daisy Hill Realty Trust Address of Owner: 999 Iyanough Road, Hyannis, MA. and 35 River Road, Marstons Mills,MA. 02648, respectively If petitioner differs from owner, state nature of interest: Applicant has property under Purchase and Sale Agreement (copy to be filed with the Zoning Board of Appeals. Number of Years Owned: 10+ Assessor' s Map/Parcel Number: Map 294, Parcels 39 & 37 Zoning District : HB & B Groundwater Overlay District : GP Special Permit Requested: Special Permit under Section 5-3 .3, 3- 3 .6_(3) (HB Business District) . Cite Section & Title of the Zoning. Ordinance Description of Activity/Reason for Request : Locus is located in HB and B Business Districts and is currently the site of a non- conformincr motel, (2) duplexes and a single family house and Parking lot. Demolition of existing buildings and the construction and operation of a restaurant building, parking lot, landscaping and buffer in the HB zone requires a special permit. . Description of Construction Activity (if applicable)Demolition of all existing buildings and construction of a single story 8396 sq. ft. building to house (2) restaurants uses of 130 seats and 100 seats, construction of new parking, landscaping and buffers. Proposed Gross Floor Area to be Added: 8396 sq. ft. ,- Altered: N/A Existing Level of Development of the Property - Number of Buildings : (4) buildings see below -for description. Present Use (s) : 14 Unit Hotel, 2 Duplexes and Residence, Gross Floor Area: 11, 108 sq. ft. (all buildings) z_ Application for a Spbcial. Permit Is the property located in an Historic District? Yes [ ] No [X] If Yes OKH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ ] No [X] If Yes Historic Preservation Department Use Only: Date Approved Have you applied for a building permit? Yes [ } No [X] Has the Building Inspector refused a permit? Yes [ ] No [X] All applications for a special permit require an approved Site Plan. That process must be successfully completed prior to submitting this application to the Zoning Board of Appeals . For Building Department Use only: Not Required - Singe Family [ ] Site Plan Review Number 075-99 Date Approved 9-30-99 Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request : Three (3) copies of the completed Application Form, each with original signatures . Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing 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 Site Plan: " Section 4-7 . 5 of the Zoning Ordinance, for detail requirements . The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: G .�� Date: /P F Applicant or Agent ' s Signature Agent ' s Address : P.O. Box 665, W. Harwich, MA. 02671 Phone: (508) 430-1900 � } _ _ _ i �/, �► �. a ,� �_� I t, �� _ i � ` � ,� �� Ytt f r, iy THE ZONING RELIEF BE."'% 1 _ TOWN OF BARNSTABLE AiNSTABLE i Zoning Board of Appeals Z0N!N6"OARD OFAP?EALS Application for a Special Permit Date Received 1 For Office Use only: Town Clerk Office Appeal # Hearing Date _gq Decision due , 13 . I�I The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for the reasons hereinafter set forth: Petitioner' s Name: Star Motel Realty Trust c/o Daniel Griffin, Jr.- Petitioner' s Address : c/o Michael D. Ford, Esquire, P: 0. Box 665, W. Harwich, MA. 02671 (508) 430-1900 i. Property Location: 999 Iyanough Road & 35 Pineneedle Lane, HY Property Owner: Star Nominee Trust and Daisy Hill Realty Trust Address of Owner: 999 Iyanough Road; Hyannis, MA. and 35 River Road, Marstons Mills,MA. 02648, respectively If petitioner differs from owner, state nature of interest: . Applicant has property under Purchase and Sale Agreement (copy to be filed with the Zoning Board of Appeals. Number of Years Owned: 10+ Assessor' s Map/Parcel Number: Map 294, Parcels 39 & 37 Zoning District : HB & B Groundwater Overlay District : GP Special Permit Requested: Special Permit under Section 4-4 .4 (2) and 4-4.5 (1) . 'Cite Section & Title of the Zoning Ordinance Description of Activity/Reason for Request : Locus is located in HB and B Business Districts and is currently the site of a non- conforming motel, (2) duplexes and a single family house and parking lot. The site is nonconforming in terms of use and layout (buffers & parking) . Demolition of existing buildings and the construction and operation of a restaurant building, parking lot, landscaping and new buffers all per plans filed herewith require a special permit. Description of Construction Activity (if applicable)Demolition of all existing buildings and construction of a single story 8396 sq. ft. building to house (2) restaurants uses of 130 seats and 100 seats, construction of new parking, landscaping and new buffers. -Proposed Gross Floor Area to be Added: 8396 sq. ft. , Altered: N/A Existing Level of Development of the Property - Number of Buildings: (4) buildings see below for description. r . Present Use (s) : 14 Unit- Hotel, 2 Duplexes and Residence, Gross ' Floor Area: 11, 108 sq. ft. (all buildings) Application for a Sp6cial- Permit Is the property located in an Historic District? Yes [ ] No [X] If Yes OKH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ ] No [X] If Yes Historic Preservation Department Use Only: Date Approved Have you applied for a building permit? Yes [ ) No [X] Has the BuildingInspector refused a permit? Yes No X P P [ ] [ ] All applications for a special permit require an approved Site Plan. That process must be successfully completed prior to submitting this application to the Zoning Board of Appeals . For Building Department Use only: Not Required - Singe Family [ ] Site Plan Review Number 075-99 Date Approved 9-30-99 Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request : Three (3) copies of the completed Application Form, each with original signatures . Five (5) copies of a certified property survey (plot plan) showing the dimensions of the - land, all wetlands, water bodies, surrounding roadways and the location of the existing 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 Site Plan: " Section 4-7 . 5 of the Zoning Ordinance, for detail ' requirements . The applicant may submit any additional supporting documents to assist the Board in making its determination. G Signature : a\ Date : Applicant or Agent ' s Signature Agent ' s Address : P.O. Box 665, W. Harwich; MA. 02671 Phone : (508) 430-1900 Property Location: RTE 132 HY&PINENEEDLE MAP ID: 294/039/// Vision ID:23345 Other ID: Bldg#: 1 Card 1 of 5 Print Date.11/22/1999 •r�.. 4Z .w'�� .a:'a a .�•, � r.,;�.x:." e .,,�.�z, �F, e-- '� t YANNIS STAR MOTEL escrtp ion a pprais a ue r ress� Value ROUTE 132 - • } lu ANNIS,MA 02601 OMMERC. 3010 24,70 24,70 801 OMMERC. 3010 8,5 8,50 Barnstable 2000,/ILA ccoun an Tax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL 2 IS ID: o HIM r , r. U0ael ASSeSSCaa ue Yr. o e Assess value r. Code ssesse WIN ELLETIER,ANTHONY F&JOAN 1517/691 07/15/197 Q 1 199 ELLETIER,ANTHONY F 4304/024 U I A 199 3010 24,70 199 3010 24,70 ELLETIER,ANTHONY F 1517/691 Q 1991 3010 8,500991 3010 8,5 zuq -, " -' � o;� r stgna re ac now a ges a vrst� y a ata t o e or or AssessorWPM Year p escrip on Amount a Description um er Amount mm.In Appraised Bldg.Value(Card) 7,700 Appraised XF(B)Value(Bldg) 0 TO a Appraised OB()Val (Bldg) 8,500 >:.: •. a Appraised Land Value ue(Bldg) 393,000 • Special Value Hyannis ar motel 18 doubles Total Appraised Card Value 426,20 Total Appraised Parcel Value 409,20 Valuation Method: Cost/Market Valuatio e OtRi AppralSedParcel a ue - , , :;: . ..:' E:.: .�,..a�?h`�6"h;• ;.u..:t..,..:a*n:r..i k ,. C..�; . i. .fi.+, :?'ri?-i.: ;; � 5+2�� .��>S, ::pi p Permit IV Issue Vale type Description mount Insp.Date Yo Camp. Date Gomp. mmen s I Purposelicesull 1191 se o e I vescriplion Zone D P ron age Uep[ ni nit Price actor .factor I Nbha. Adj. I 1vores-Azillapeclatricing Adj.Unit Price Lana l7a, ue ., o es:JU JSfI L 392, -- otal 16nd Unal - �-olaz Land Valul— -roperry Location: "1 L jjA n Y 6c YItV wNt:.LuLC MAY ID: 294/039/ ✓ision ID:23345 Other ID: Bldg#: 1 Card 1 of 5 Print Date:11/22/19" SAE 'H emenf Ca. CIL Description Commercial Data Elements Sfy e ype 9 Motelemen escnptron Model 4 Commercial eat Grade - rame Type 2 'WOOD FRAME aths/Plumbing 2 AVERAGE Stories 1 Story Occupancy 0 eiling/Wall 8 TYPICAL ooms/Prtns 2 ! AVERAGE Exterior Wall I 14 Wood Shingle /o Common Wall 2 Wall Height 0 Roof Structure 3 able/Hip Roof Cover 3 ph/F Gls/Cmp Interior Wall I 8 Typical 2 ement Code Uescription Factor Interior Floor 1 ZO Typical omp ex 2 7loor Adj nit Location Heating Fuel 6 Typical Heating Type 9 Typical qumber of Units AC Type 4 nit/AC 4umber of Levels /o Ownership Bedrooms 1 I Bedroom Bathrooms Zero Bathrms r 0 Full <. a � ,r x.:' � ,ar,• na l ase Rifler Total Rooms I Roomj.,;n e Adj.Factor .05253 ade(Q)Index .98 Bath Type j.Base Rate 5.30 Kitchen Style dg.Value New 56,321 ar Built 960 f.Year Built 965 Physcl Dep 2 ncnl Obslncon Obslnc 5 eel.Cond.Code o e escn ton eel Cond% Overall%Cond. eprec.Bldg Value ,700 Code Description L.ItF Units unit Price Yr. Dp Xt Apr. Value SrLJ 0o um e PAVl AVING-ASPHALT L 10,00 0.9 1965 0 50 4,50 . Code escription LivingArea UrOSSAreaArea nit s t Undeprec. value trs oor CAN anopy 1 1,24 241 15. 18,67 UBM asement,Unfinished 2,60 521 15.0 39,15 WDK ood Deck 36 34 741 2,71 ross LivlLease Area a Property Location: RTE 132 HY&PIIVENEEDLE MAP ID: 294/039/// rtsion ID:23345 Other ID: Bldg#: 2 Card 2 of 5 Print Date:11/22/1999 I RAW ANNIS STAR MOTEL Description Mae ralsedif a ue—Assessed a ue AND OUTE 132 OMMERC. 3010 24,70 24,70 801 ANNIS,MA 02601 OMMERC. 3010 8 5 8 so Barnstable 2000,ALL ;95v .. a., , , ccoun PW Plan ax Dist. 400 Land Ct# er.Prop. #SR ��O Life Estate DL 1 Notes: DL 2 IS ID: total „�' r. r e ssess a ue r. a ssess a ue r. a ssess a ue ELLETIER,ANTHONY F&JOAN 1517/691 07/15/1971 Q I ELLETIER,ANTHONY F 4304/024 U I A 199 3010 24,704 1991 3010 249, 70 ELLETIER,ANTHONY F 1517/691 Q 199 3010 8,50 1991 3010 8,50 o" H,� u signature ar now ges a vu y a Data 0 or or Assessor a a ear escrtptton A Amounto,.e�. Description um er � moun mm. n Appraised Bldg.Value(Card) 4,300 Appraised XF(B)Value(Bldg) 0 o Appraised OB(L)V ) 0 Appraised a Value(Bldg) A atsed Land Value(Bldg) 393,000 Special Land Value - R Total Appraised Card Value 426,20 Total Appraised Parcel Value 397,30 Valuation Method: Cost/Market Valuatio et TotalAppraised arce Value 426,ZUU 1+14 iPermitIssue Vate type Description Amount insp.Date , o Comp. I Date Comp. omments ate f1j I La. I Purpos ult Se Gode escreptlon zoneFrontage vepth units unit P rice Factor S. C.Factor Nbhd. Adj. Notes-AajlapeClat PnChig— f.Unit Price Lan a ue o es: ZZUK -..-.. "tal land VAR --— -roperry t.oeauon: Ks L i-it nIi di ruvr-ivt LULjL MAP//!: 294/US9/ ✓ision ID:23345 Other JD: Bldg#: 2 Card 2 of 5 Print Date:l l/22/1999 a Element Description CommercialData Elements ype — o e ement Description Model 4 Commercial ea Grade - rame Type 02 WOOD FRAME aths/Piumbing 2 AVERAGE Stories Story BM Occupancy 0 CeilingfWall 8 rWICAL ooms/Prms 2 AVERAGE Exterior Wall 1 14 Wood Shingle /°Common Wall 2 Wall Height 0 Roof Structure 3 able/Hip Roof Cover 3 ph/F Gls/Cmp Interior Wall 1 IS Typical 2 ement Lode Uescription PIclor Interior Floor 1 10 Typical Complex 25 2 2 Floor Adj Unit Location Heating Fuel 6 Typical umber of Units Heating Type 9 Typical umber of Levels AC Type 4 nit/AC 4e Ownership Bedrooms 1 Bedroom Bathrooms Zero 0 FulBathrms 3 45 na j. ase e Total Rooms I Room ize Adj.Factor .50000 Irade(Q)Index .98 Bath Type kdj.Base Rate 07.31 Kitchen Style Idg.Value New 44,869 Year Built 960 ff.Year Built 1965 rml Physcl Dep 2 uncnl Obslnc on Obslnc 5 yf x K pecl.Cond.Code 84 e Description Percentage Pecl Cond verall%Cond. prec.Bldg Value 4,300 ..Code Description Z 7B � nits MitPnce Yr. JJp Rt �o u n pr. value o e ¢scrip ion vtng rea' unit Cost undeprec. value VirSt Hoor UBM Basement,Unfinished 1,12 �22 '21.44 24,14 I&tyroSS LiVILease Area g a; PropertyLocadon:'RTE 132 HY,&PINENEEDLE MAPID: 294/039/// Vlslon ID: 23345 Other ID. Bldg#: 3 Card 3 of 5 Print Date11/22/1999 K {'icp � .: r ' �� a� -�a;5. i.5�' ..p. '�5'.•(,� � 'r pa'- i, +� r t,m.a';A, i^-0P Ca.• '�, .tfyG'' 3+ p- 4 r Description o e pprats ue ssess a ue ANNIS STAR MOTEL OUTE 132 OMMERC. 3010 24,70 24,70 801 ANNIS,MA 02601 y OMMERC. 3010 8,50 8,5 Barnstable 2000,MA Fwcounf ff I Plan ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL 2 GIS ID: o ��du?"th i- :�, nu SUIN, , U1 Yr. O e Assessed Value r. Gode Assessed Value Yr. Gode ssejs a ue ELLETIER,ANTHONY F&JOAN 1517/691 07/15/197 Q I ELLETIER,ANTHONY F 4304/024 U I A 199 3010 .:24,7 199 3010 24,70 ELLETIER,ANTHONY F 1517/691 Q 1991 3010 ..'8,50 199 3010 8,50 o 476,ARo oa334,3Ut .�: `� � w.; • '� . t ;;, "=,Ing Lists signature a ow ges a visir by a ata o ector or ASS OF (' ear criptton -moon Go deDescription� um er moon mm. A. - Appraised Bldg.Value(Card) 4,500 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 O1 3 r r ;, < , : Special Land Value (Bldg) 93,00 Appraised Land Value Bldg 0 ec' Total Appraised Card Value 426,20 Total Appraised Parcel Value 397,50 Valuation Method: Cost/Market Valuatio et Totalppra arc a ue. , Permit Issue vote type Description Amount In-sp- a e Wo comp. Date comp. Gomments Date Ilu Ca. Furposelitesuit use Code Descriptton Zone rontage Depth unitrice 1.Paclor S.I. C tactor NOW. A dj. 1v01eS-Aaj13PeCJaIPr1C1ng I. ntt rice a a ue ))Notes: AAU.Ut lug i i i ! i I i _ - - Iblat iaAdnt -- -- o u rupci�y a.acuuun; ��s c i�c n■ oc ranenccLa.c Vision ID:23345 �Other ID. Bldg#: 3 Card 3 Of 5 Print Date:11/22/1999 DE I AIL SKET ement Gd. Ch. vescrrpnon Commercial Data Elements SfyrcTType - - Motel emenl Liescription Model 94 Commercial Heat Grade - , Frame Type 2 WOOD FRAME Baths/Plumbing 2 AVERAGE ! 4 BM Stories 1 I Story OccupancyCeiling/Wall 8 TYPICAL ooms/Prtns 2 AVERAGE Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height 0 Roof Structure 3 GabietMp )Roof Cover 3 ph/F Gls/CmpJUJA I Interior Wall I 8 Typical '' n 2 emen o e lVescription ractor Interior Floor 1 0 Typical omp ex 2 loor Adj nit Location 54E45 4 Heating Fuel 6 ypical eating Type 9 ypical 4umber of Units '1C Type 4 nit/AC Number of Levels /o Ownership edrooms I Bedroom athrooms ero Bathrms 0 Full v na'l. ase Kate Mulf Total Rooms 1 RoomSize Adj.Factor .50000 I luon ade(Q)Index .98 Bath Type j.Base Rate 0731 Kitchen Style dg.Value New 48,732 ar Built 960 4 25 f.Year Built 965 ml Physcl Dep 2 ncnl Obslnc Obslnc 65 pecl.Cond.Code x..;;;'., •'. ,, :" :. ;':.< pecl Cond% Go de Desmption rercen a e —Overall%Cond. eprec.Bldg Value ,500 o e t•,escnp ton RV unirs Ernst AR �r. LJp X1 1 ng-na Apr. ralue o e escnp on } wing rea Uross Area I Eff.Area uunuGost Undeprec. rn ue MiRfWoor , , CAN anopy I 18 3 21A 3,86 UBM lasement,Unfinished 1 1,12 22 21A6 24,14 �X Gros, ry ease rea a: , Property Location: RTE 132 HY&PINENEEDLE MAP ID: 294/039/ Vision ID:23345 Other ID: Bldg#: 4 Card 4 of 5 Print Date.11/22/1999 .n escrip ton tQaW I Appraneavalue Assessed Value ANNIS STAR MOTEL ROUTE 132 OMMERC. 3010 24,70 24,7 801 ' ANNIS,MA 02601 OMMERC. 3010 8,50 8,50 Barnstable 2000,MA ccounFlan' ax Dist 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL 2 IS ID: o UMVIF s11.sn. ull , r. ,Code 'sseSS value Y r. a AssessedValue r. �e •Assessedvalue ELLETIER,ANTHONY F&JOAN 1517/691 07/15/197 ELLETIER,ANTHONY F 4304/024 U I A 1995 3010 ,..24,70 199 3010 24,70 ELLETIER,ANTHONY F 1517/691 Q 199 3010 '. 8,50 1991 3010 8,50 oa -426,ZU4o426,zut joM14 , ut 's Y ;` g a o eoror is signature acknowledges ges a vts y ssessor ecrpon Amount moear i ri Lamm. n a Appraised Bldg.Value(Card) 3,900 Appraised XF(B)Value(Bldg) 0 Appraised Value(Bldg) , r x u,_5 r sed Land Valu 393 000 N - �bk Qom. Special Land Value Total Appraised Card Value 426,20 Total Appraised Parcel Value 396,90 Valuation Method: Cost/Market Valuado etTotal Appraisedarcs a ue _. r Permi-11D Issue Date type L.Aescnpuon Amount 1nSP---Da-fe— o Gomp. Date Comp. —Comments Date ID C.;I. PurposelResuff .. to ..:.:k:, i ..., ,.. 7 .: ,.-. ..... ..«.'tea iBPI Use Code I Dac—Aptiiih Lone D Frontage Depth units unit Price Factor actor Nbhd. I Adj. 1 Notes- i pecia ricing Adj. Unit Price Land Value . 0 es. i " — 761.1 Land1...._.. �ww Lau --'--TQU ,opel ty a VCUJIMIA: A�A e. AJL"I M r&I•cl\cr JL•L' jvjAr/U: GYY/UJY/ ision ID:23345 Other 1D: Bldg M 4 Card 4 of 5 Print Date.11/22/19" CONNI _.-.- -- -L emem .! Description commercialData Elements ` e ype Motel en _ escrrp ton Model 4 Commercial ea - Grade - C- Frame Type 2 I WOOD FRAME BM 4 aths/Plumbing 2 �kVERAGE Stories 7 Story I Occupancy 0 eiling/Wall 8 YPICAL oms/Prtns 2 VERAGE Exterior Wall I 4 Wood Shingle V.Common Wall 2 Mail Height 0 Roof Structure 3 i Gable/Hip Roof Cover 3 Asph/F Gis/Cmp Interior Wall I IS Typical nix 2 Elementa juescription vactor Interior Floor 1 10 Typical omp ex 2 oor Adj 0 6 nit Location C UK Heating Fuel 6 Heating Type 9 al umber of Units AC Type 4 �Yypplc-1 nit/AC 4umber of Levels 4 Ownership Bedrooms 1 Bedroom Bathrooms ero Bathrms 0 Full na j. ase e Total Rooms 1 Room Size Adj.Factor 150000 de(Q)Index .98 Bath Type Adj.Base Rate 0731 Kitchen Style Bldg.Value New 29,772 Year Built 960 16 4 ff Year Built 965 rml Pbyscl Dep 32 until Obslnc on Obslnc 65 ;' t 3 peel.Cond.Code cl Cond% Code f'w esm non ercent pe a a luu verall%Cond. rec.Bldg Value ,900 Gode Description I.Iff untuunit Price Yr. Dp At Yo Gn a Apr. Value e escription LivingArea g. ross rea bjffj.Area U'Units• Unaeprec. Value BAN First Floor10,1113 CAN Canopy 24 4N 21.46 5,15 UBM Basement,Unfinished 96 192 21.4 20,60 YL Mo'ss L ivZL ease Aea g -a. , Property Location: RTE 132 HY&PINENEEDLE MAP ID: 294/039/ Vulon ID:23345 Other ID: Bldg#: 5 Card 5 of 5 Print Date:11/22/1999 Description Assessed value ANNIS STAR MOTEL OUTE 132 OMMERC. 3010 24,70 24,70 801 ANNIS,MA 02601 2OMMERC. 3010 8,501 8,50 Barnstable 2000,MA ccoun een ax Dist. 400 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DL2 IS ID: Total zNzuq 4Z6,-= NO t'nww ,, 354WU14 MU'UU1r. Lodel ASSe$Seavalue Yr. code Assessea value W. We ASSeSSea value ELLETIER,ANTHONY F&JOAN 1517/691 07/15/1971 Q I ELLETIER,ANTHONY F 4304/024 U I A 199 3010 24,70(1991 3010 24,70 ELLETIER,ANTHONY F 1517/691 Q 199i 3010 8,50(1991 3010 8,50 0 0 o $ ? $ w <, t a u si na urea ow es a vtst a a o or or ssessor ear jypelvescription Amount Lode Descrip on Number Amoun mm. n. , tew Appraised Bldg.Value(Card) 4,300 Appraised XF(B)Value(Bldg) 0 o Appraised OB(L)Value(Bldg) 0 Appraised Land Value Special Land Value (Bldg) 393,000 d Total Appraised Card Value 426,20 Total Appraised Parcel Value 397,30 Valuation Method: Cost/Market Valuatlo etTotal AppraisedParcel Value ,P m Permitissue Dale lype Description Amount Insp.Date Yo Gomp. Vale Comp. Comments vote ID Gd. Putposelifesuff I I ' II i I I J, BN use Code Description zone Frontage p nets H nit 777ce i.racior actor Nbhd. Adj. Notes- peeea Ming Aaj.Unit Price Lana value o es. o an n -- o u J !VPC!{y!.tOG"46///I: A%AL, ■Ji.n I 4% r 411CN C.C.IJL.0 jrrn1-A" LYY/UJ7//I lision ID:23345 Other ID: Bldg M 5 Card 5 of 5 Print Date:11/22/1999 MNSTXUC770 -- -- - ---- ,Element Ca. Ch. Veseripfton Commerctalvata Elements iRyTeTI ype o e — Element Gd. Ch. Description _ Model 94 Commercial eii �� 3rade - - rame Type D2 WOODFRAME `--- ---- ---- aths/Plumbing D2 AVERAGE itories 1 Story 3ccupancy 0Ceiling/Wall 8 rYPICAL BM ooms/Prtns 2 ERAGE Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height 0 Roof Structure 3 Gablefflip Roof Cover 3 spb/F Gls/Cmp Interior Wall 1 8 Typical 2 ement a Vescription 16 actor s Interior Floor 1 0 Typical omp ex 2 qoor Adj nit Location Heating Fuel 6 ical 5 6 Heating Type 9 ypical umber of Units AC Type 4 nit/AC umber of Levels /o Ownership Bedrooms 1 Bedroom Bathrooms ero Bathrms 0 Full na ase ' . Total Rooms 1 Room ize Adj.Factor .50000 rade(Q)lndex .98 Bath Type dj.Base Rate 07.31 Kitchen Style Idg.Value New 42,293 ear Built 960 ff.Year Built 965 16 rml Physcl Dep 2 uncnl Obsinc on Obslnc 5 �,-,,A Ma pecl.Cond.Code Code yDescription ercen a e peel Cond% verell%Cond. eprec.Bldg Value t300 i3Of o e . escr►p ion LIN 1 unitsunit Price I Yr. Vp At 7-61-ndpr.ralue i Code Description` Living Arema ross rea Eff.Area Unit CoM lrnriprec. Mue irs oor , , I 11,613" CAN 2anopy 381 71 21.5 8,37 UBM lasement,Unfinished 1,041 201 21.41 22,32 tL ur—O—ILSLWILease Area g Val. Property Location: 35 PINE NEEDLE LN MAP ID: 294/037/ Vision ID:23343 Other ID: Bldg#: 1 Card 1 of 1 PrMt Date:11/22/1999 WON + ppa Assessea value AISY HILL REALYTRUST 5 RIVER RD RESIDNTL 1010 32,50 32, 801 ARSTONS MILLS,MA 02648 Barnstable 2000,1MA ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 24 Notes: DL2 IS ID: oU9 , y ir. Code ssess a ue r. a ssess rte r. a ssess value ONDINHO,DONNA L TR 9657/121 05/15/199 U I 26,00 L 19519 TWORF ARD,MARGARET H 7223/262. 07/15/199 U I A 199 1010 32,50 199 1010 33,10 TARD,MARGARET H 7191/186 06/15/199 U I A TARD,COLIN JOSEPH& 4597/077 06/15/198 U I 1 A PROUL,BRUCE R 4497/173 04/15/19 U I 1 A o o o , 7. s- •��£�a, .. signature acknowledges a NISrt y a aCollector Or SSCSSOI ear p ¢scrip ion Amount Gode Description Numver Amount L4mm. n Appraised Bldg.Value(Card) 30,400 Appraised XF(B)Value(Bldg) 2,100 0 Appraised OB(L)Value(Bldg) 0 ` s a < > .o 3 f � b Appraised Land Value(Bldg) 29,200 W;. Special Land Value SIZE AND RES USE •BLDG ADJUST.FOR Total Appraised Card Value 61,70 ECONOMICS Total Appraised Parcel Value 61,70 •BLDG REVECTORED Valuation Method: Cost/Market Valuatio � FY97. — .._ e o ppra se ParcelValue , ut ff v Permit Issue Date type escriphon unt Insp.Date oComp. Date Gomp. -Lammeni Date IV Cd. rurposeiResull AL 1119 e se Code ¢scrip tonLane- rontage Deptunits unitPrice .e actor Factor I. ores- j pecm nctng I. nd rice an a u I lulu me g a amo es: , i I i i of n n - '-" — ota Ta a u ruPrny a ucuuuu: ��ruvc ivc cui c a iv mnr iu: tyy�wii i Vision ID:23343 Other ID: Bldg#. 1 Card 1 of 1 Print Date:11/22/1999 SKETCH — escreptton Lonimercial Data Elements S!Y ype arse PaneF— klement ca. ch. Description Model Residential — Heat � Grade - - Frame Type IBaths/Plumbing ISM 40_ ._-_..._.._..—.—._._ _-- Stories p 1 Story ;Occupancy 00 i CeilinglWall (Exterior Wail 1 14 (Wood Shingle /onCommon Wall 4 �12 1 2 all Height ptoof Structure 3 able/Hip hoof Cover 03 ph/F Gis/Cmp 40 pnterior Wall I 5 Drywall 2 Elementa escnp ton actor BM pnterior Floor 1 9Pine/Soft Wood Complex 2 Floor Adj I i nit Location eating Fuel 3 as eating Type 9 ypical Number of Units C Type 1 one 4umber of Levels /o Ownership p 2 edrooms 4 Bedrooms Bathrooms .5 1/2 Bathrms kF . 1 l Full+l H na j. ase Kate Total Rooms Rooms ize Adj.Factor .27083 Bath Type de(Q)Index .89 YP I dj.Base Rate 4.29 Kitchen Style ldg.Value New 7,330 40 ear Built 940 Year Built 950 rml Physcl Dep 7 uncnl Obslnc n Obslnc Pecl.Condo Code Code Descnpnon ercenta a peel Cond/o Single am vera11%Cond. 3 eprec.Bldg Value 30,400 Description Units unit r. pr. a uee ISUAR Bsmt Garage IN 7,M ode escnption LYrOSS Area ZU.Area w os eprec. value BAS First Floor UBM Basement,Unfinished 1,28 25 10.8 13,89 YL ross L 1 ease Area al. SPR Meeting Notes 9/30/99 Site Plan Review Meeting of September 30, 1999 Hearing Room, 2nd Floor Barnstable Town Hall 367 Main Street, Hyannis PRESENT: Ralph Crossen, Building Commissioner, Steve Pisch, Engineer, Thomas McKean,Health Division Director, Art Traczyk, Principal Planner, Rob Gatewood, Conservation. Also in attendance were: Carl Grisetti, Attorney Pat Butler, Dan Ojala, Engineer This meeting was called to order at 9:00 AM and adjourned at 10:55 AM. SPR 075-99 Hyannis Star Motel - Griffin, Route 132, Hyannis 999 Iyannough & 35 Pineneedle Lane R294-037 & R294-039 The applicant seeks to construct a single structure containing two, separate food service tenants Attorney Mike Ford advised the panel that the Route 132 access has been.redesigned resulting in a right turn only. A 45' buffer has been achieved along the front of the property. It was noted that the Pineneedle Lane buffer remains shy and redesigning was unable to achieve compliance. A sidewalk has been created from Route 132 through Pineneedle Lane into the site entrance. Attorney Ford informed the committee that the applicant would pursue the rescinding of the existing way with the Planning Board. It was determined that the use of the aforementioned way is restricted to the lots immediately abutting the way. Attorney Ford continued to remark that the applicant has complied with the 30% natural state rule. He added that by.using pervious pavers the applicant was able to conform with the no more than 50% impervious regulation. Upon a brief review of the plan, Art Trayczk commented on his desire to preserve a small grove of oaks and evergreens. Attorney Ford reminded the committee that the applicant was re-developing this site and very little on the site could be considered in a natural state. Dan Ojala interjected that a large pine to the rear of the proposed building was to be retained. The panel was informed that the lawn along Route 132 was re-graded and would be substantially planted, beautifying the site. This action contributes to the natural state requirement. Discussion of the preservation of an access easement ensued after it was revealed that this easement was in fact a condition was attached to a special permit. It was determined that this access must remain intact in the event that ability to cross Iyannough Village Condo property is ultimately restricted or prohibited. The easement being legally viable and required shall not be hindered in any way. Art advised the applicant to comply with the lighting requirements issued by the Cape Cod Commission. The applicant was also reminded to determine and mark on a revised plan the location of a proposed sign. Tom McKean remarked that there are two grease traps designated on the plan as previously requested during a prior review. He added that the dumpster is required to be screened off. Mr. McKean indicated the need to review a floor plan before obtaining a permit. Steve Pisch offered that Bob Burgmann recommended a curb cut of 12' wide (14' with CC Berm) one way entrance. He suggested that the applicant re-work the island for the rear entrance/exit area in order to define and restrict the traffic flow. Ralph Crossen added that a sign clearly designating the traffic flow (i.e. NO EXIT) should be posted and worded according to whatever the code dictates. Discussion developed surrounding the creation of a sidewalk overlapping onto public land. It was suggested that the applicant construct the sidewalk and present it to the Town as an "as built" with the applicant granting an easement to the Town. Ralph Crossen noted that it shall be necessary to remove an existing pole in order to accomplish the completion of the sidewalk. In response to general comments regarding screening devices, the applicant declared his intention to plant privacy hedges as a good will gesture on behalf of the private residences adjacent to this site. The Commissioner reminded the applicant that light spillage should be contained so as not to offend the residential neighbors or interfere with their comfort.. Conclusion: Approved with the following conditions: 12'entrance (14' with CC Berm) Rescission of private way Sidewalk Easement LEGAL DEPARTMENT, TOWN OF BARNSTABLE INTEIR-40FFICE Nein4praiii4iiiin DATE: JULY 3, 1995. TO: ZONING BOARD OF APPEALS, PLANNING DEPARTMENT TO: RALPH CROSSEN, BUILDING COMMISSIONER FROM: ROBERT D. SMITH, TOWN ATTORNEY, RE: CASE OF OSGOOD, ET AL V. TOWN OF ANDO APPEALS COURT, COUNTY OF ESSEX LEGAL REFS: #S-107 (ZBA) #S-122 (CASES) Attached please find a copy of the decision in the above matter for your information and review. Obviously, this is a significant case. Please feel free to give me a call should you wish to discuss the decision or offer your comments. Thank you. �� Fn a ` — 51995 4 RDS:cg Atchmt. [S-107&S-122\memoform] COMMONWEALTH OF MA.SSACHUSETTS. T COMMONWEALTH APPEALS COt RT FOR THE , AT BosToN, June 27, 19. 95 IN THE CASE OF BENJAMIN C. OSGOOD & ANOTHER, TRUSTEES va. TOWN OF ANDOVER (AND TWO COMPANION CASES) pending in the Land Court for the County of Essex ORDERED, that the following entry be made in the docket; viz.,— The judgments are reversed and new judgments are to be entered in accordance with the memorandum and order on file in the Appeals Court. % BY THE CouRT, CLEnx. I June 27, 1995 E2. OVER i n i f f the within rescript I! ue course,pursuant 1 JUN 3 0 1995 j APPEALS COURT s l TO'tN ATTORNEY -n.nt•r (PIS • 1 i COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 93-P-703 ;( BENJAMIN C. OSGOOD & another, v trustees, _vs. , TOWN OF ANDOVER (and two companion cases) .v I MEMORANDUM AND ORDER PURSUANT TO RULE 1 :28 I The plaintiffs are trustees of a real estate trust that purchased the premises at 32-34 Park Street, i Andover, Massachusetts, on July 11, 1986. (A. I:166-167) The property is located in downtown Andover, within the General Business Zoning District. , (A. I:167) At the time of the sale, the property was used as a bowling alley with accessory. retail uses for items connected with . bowling and for the wholesale sale and repair of bowling] machinery and equipment. (A. I:167) The plaintiffs applied for and received a demolition permit and proceeded to gut the interior of the building, leaving the premises unoccupied since 1987. (A. I :167) i On July 21, 1987, the plaintiffs applied for a building permit to remodel the existing structure for retail purposes. The building inspector denied the , permit on the grounds that the plaintiffs had to comply \% G. Bradley Richards who, with Benjamin C. Osgood, is" a trustee of Park Street Development Trust. \VThe two companion cases were brought by the plaintiffs against the Andover Zoning Board of Appeals and the Building Inspector of Andover and against the Andover Planning Board. with the parking requirements of the zoning bylaw. . (A. ! ' I I :168) The plaintiffs appealed to the zoning board which !; affirmed the building inspector' s decision. On November! !! 25, 1987, they filed a complaint in the Superior Court :; pursuant to G. L. c. 40A, § 17, appealing from the zoning board decision. The complaint asked the court to annul I . i the decision of the zoning board, order the building !: inspector_ to issue a building permit, declare that section VI (parking) of the zoning bylaw be declared in I violation of the Zoning Enabling Act and unconstitutional, and grant declaratory relief pursuant to G. L. c. 231A. (A. I : 14 On March 11, 1988, the plaintiffs filed an ;; application for a special permit with the planning board; :• seeking a reduction in the number of required parking .. spaces from 87 to 12 . The planning board denied the application. (A. I :169) On June 14, 1988, the plaintiffs filed a second complaint in the Superior Court ' appealing• from the planning board' s denial of their application for a special permit. •(A. I :168-169) On May 18, 1993 , the plaintiffs filed a complaint in the Land Court under G. L. c. 240, § 14A, to determine the validity of the zoning bylaw requiring off-street parking. (A. I : 8-13) The three complaints were consolidated for trial and heard by a Land Court judge who was designated as a 2 I: 1 i . H1 justice of the Superior Court for the purpose of hearing 11the cases. The parties filed a statement of agreed facts and an agreed upon list of exhibits. (A. I:166-171) ;. i IiilJudgment was entered on August 27, 1992, adjudging and , � ilordering that the application of. the parking requirements 1 H to the plaintiffs, existing building and lot "maybe !; unconstitutional but at the least is arbitrary and f ilunreasonable as applied to the land of the plaintiffs. " i; (A. I :157) The judgment annulled the zoning board )' decision and remanded the case to the zoning board with : instructions that 'the zoning board reverse the ruling off the building inspector and order hiip to issue a building) permit. (A. I:157) In addition, it was adjudged that +! the planning board erred in not considering whether the ;; proposed new use was substantially more detrimental than' '- the existing use of the premises and in not granting a i special permit. (A. I:157) We disagree and reverse thei judgment. The defendants argue* on appeal that the court lacked . jurisdiction in the Land Court action and that there was , no jurisdiction In . the Superior Court actions to determine the validity of the bylaw because the plaintiffs failed to notify the Attorney General Sincei the judgment was not based on either the constitutionality or the validity of the bylaw in ' general, we do not reach these issues . 3 We rule that the parking bylaw was not arbitrary and j i capricious as applied to the plaintiffs, premises. "The ; reasonable premise of a requirement for off-street j! parking spaces for new buildings is that parking f automobiles near by is an established function of the use f of any building wherein people live, work, study or :: congregate for other purposes. Such a requirement is : analogous to the statutory requirements of public j corridors . and exits of certain size and number and 4 somewhat analogous to requirements of fire walls, fire j .. escapes and fireproof construction. " Radcliffe College v. Cambridge, 350 Mass. 613 , 617 (1966) . See also j : Trustees of Tufts College v. Medford, 415 Mass. 753 , 7621 (1993) (parking legitimate municipal concern and proper subject of local zoning regulation) . i The Andover bylaw requires off-street parking in the - General Business District, but exempts preexisting, i nonconforming buildings and uses in § VI.A. 6 .e. (A. i I:197-1981 Under § VI .A.2, however, " [n) o building permit or certificate of occupancy shall be issued for . I . the redevelopment of an existing building, the i development of a use not located in a building, or the change from one type of use to another, unless off-street parking is provided in accordance with this section of the Bylaw. " (A. I : 193) According to § VI.A. 6 .h (2) , the planning board, by special permit, "may allow remote 4 . parking lots, shared parking lots, or any enforceable alternatives which it deems reasonable" based on certain criteria. (A. I :198) While both bowling alleys and retail establishments - are permitted uses in the General Business District, the I change from a recreational use to retail sales is clearly a change in_ use.v The plaintiffs argue that their property is neither a nonconforming building nor a nonconforming use and, therefore, cannot be denied a change* to another permitted use. (Appellees' b. 39-40) We disagree. While their property does not fall neatly into either category, it is clearlyt nonconforming by virtue of the parking regulations. The use as a bowling alley and the proposed retail use could be viewed as j -' permitted uses of the building on nonconforming premises' .: See Thomas v. Zoning Bd. of Appeals for Peoria, 72 Ill. App.3d 934, 936-937 (1979) . Alternatively, the uses i could be categorized as nonconforming uses. See Dresner v. Carrara, 69. N.J. 237 (1976) . _See also 5. Ziegler, Rathkopf' s The Law of Zoning and Planning § 58 ..07 (4th j ` ed. 1995) . Whatever the label applied, the use of the i property is nonconforming. Where there is a preexisting ! V Section IV.B. 11 of the bylaw permits establishments "for the retail sale of merchandise" and § IV.B.18 permits commercial establishments "involving the ; Assembly of people for indoor recreation or amusement for purposes of dining, drinking, or dancing; musical or theatrical entertainment; or sporting events or athletic . activities. " (A. I :180, 181) 5 I I I j use, G. L. c: 40A, § 6, permits the application of a ;i zoning bylaw to a change in such use. The zoning board of appeals was correct in affirming the building ! inspector' s refusal to grant the plaintiffs a building : permit for a change in use from a bowling alley to retail I ; ' sales. While G.- L. c. 40A, § 6, recognizes the validity of; !, bylaws which authorize a change of use after a showing f that the proposed change of use will be less detrimental' . to the neighborhood than the existing use, it does not I require such a bylaw. "A town . . . may. regulate or .. forbid changes in nonconforming uses. " Barron Chevrolet; .. Inc. v. Danvers, 419 Mass . 404, 412 (1995) , citing Blasco eals of Winchendon 31 Mass . A , . : v. Board of App pp. Ct. 32, i 1• 38-39 (1991) . The Andover bylaw, § VII, permits changes! .. in nonconforming single or two-family residential structures and provides for change in nonconforming uses : or structures by special permit by the zoning board of appeals. . (A. I:231) Regarding off-street parking, the bylaw requires compliance in the event of redevelopment ; of an existing building or the change from one type of use to another. (A. I :193) "Zoning boards are not bound to grant a special permit. Their power to grant or deny such permits is invested with discretion, and a decision of a local board will not be disturbed unless it is based on an untenable 6 1 !f ground or is unreasonable, whimsical, or capricious--that �1 is to say, arbitrary. " Federman v. Board of Appeals of '! Marblehead, 35 Mass. App. Ct. 727, 730 (1994) , and cases] iicited. " 'To hold that a decision of the board denying a : permit is arbitrary and capricious. . . whenever the board, on the facts found by the trial judge, could have; granted a permit,- would eliminate the board' s intended discretion. "' Schiffone v. Zoning Bd. of Appeals of Walpole, 28 Mass. App. Ct. 981, 984 (1990) . We think the decision of the local board in' this . case was not arbitrary. The Downtown Andover Parking Study established that parking was a problem. (A. II :202) A decision based on the need for parking in the; downtown area is not arbitrary. It is "the board' s evaluation of the seriousness of the problem, not the judge' s, which is controlling. " Schiffone, supra at 984, quoting Subaru of New Enct. , Inc. .v. Board of Appeals of Canton, 8 Mass. -App. Ct. 483, 488 (1979) . .The final judgments are reversed and new judgments are to be entered (1) declaring that the decision of the zoning board of appeals in Essex Superior Court Case No. . 87-2603 is affirmed, (2) declaring in Essex Superior Court Case No. 88-1569 that the planning board did not exceed its authority in denying a special permit to the plaintiffs, and (3) declaring in the Land Court 'case, Misc. Case No. 167044 , that the parking requirements 7 :; adopted by the 198-9 amendment of . the Andover zoning bylaw : are not arbitrary and unreasonable as applied to the premises of the plaintiffs. So ordered. By the Court (Brown, Smith; & Laurence, JJ. ) , i Assista t Clerk i Entered: June 27, 1995 j 8 ' IF I � � +I s 300T. BU � - � r >; ® a s 4%p I I I ® 1 � - �! " m2 \� or , r 1% MAP 294 rARCE LS 3 7 & 39 _ Star Motel z Realty Trust w E SWE 1"=200' gAb.am\dgn\ford294.dgn Oct.06, 1999 09:36:56 ,, LOVE GRAVEL % j/�'. OSTERVILLE,-,MA 02655 CAM & SEED v LEGAL: ATTY. MICHAEL D. FORD 72 MAIN STREET W.HARWICH• MA 02671 _ PH. 1-508-430-1900 ��p d CIVIL ENGINEER: DOWN CAPE ENGINEERING, INC. t 939 MAIN STREET YARMOUTHPORT,MA 02675 r -; v-Y7 ��+ �oN►` �'`�ZC6)C9� • PH. 1-508-362-988 FAX 1-508-362-9880 lier c. )ARCHITECT: ANNINO ASSOCIATES INC. 7 NORTH R'�"";, ATT EBORO AMA 02703 IN STREET SUITE 210 _To PH. 1-508-222-6773 ►s p FAX 1-508-226-1314 HYDRANT TAG BOLT #632 �~ I� ALL EXISTING TRE ES AN D D SHRUBS TO REMAIN !i IN LAND SCAPE SCAPE BUFFER I� i �i /l l C MAP 294 PCL 56 RUSSEL A. DIETER TR. i#44 PINENEEDLE LANE f�� DB 1503 PG 117 + 105 PARKER RD UNIT F OSTERVILLE. MA 02655 off 508-3 2-4541 9 '" is fax 508 362-9880 `ZH BF I AE OF AI °: ARNE ARN y� . dO wn cape en gin eerie g, in c. o QIALA H. s� i i c1v1L oALA H cl VIL ENGINEERS I No.307b2 9 No.28348 yoe R L A ND, SUR VE-YORS ; �ECISTEREO. ��Q FJ, fCISTE�E��Q,� I� Fs,"ONAL EN NAI LAµOs` 939 Main Street — YARMDUTHPORT, MASS. k ;ti ADDRESS: #999 IYANOUGH ROAD & #35 PINENEEDLE LANE, HYANNIS. MA OWNER: MAP 294 -PCL 39 ASSESSORS MAP 294 PCLS 39 & 37 MARK THOMPSON and PLAN REP. PB 112 PG 119 EDITH PARKER Co TRUSTEES ZONING DISTRICT: HB & B 40.000. SF 20' FRONTAGE STAR NOMINEE TRUST HB SETBACKS: 60' FRONT', 30 SIDE", 20' REAR 999 IYANOUGH RD. • 100' OFF RT. 132 •• 10' MIN, 30' SUM HYANNIS, MA 0261 DB 5840 PG 14 MAX BUILDING COVERAGE 30% OWNER: MAP 294 PGL 37 GROUNDWATER OVERLAY DISTRICT: GP DONNA L. CONDINHO TR. MAX IMPERVIOUS COVERAGE: 50% , 30% NATURAL STATE DA ISY RI RNER ROAD HILL REALTY TRUST FLOODZONE: C BARNSTABLE PANEL 5 35 MARSTONS MILLS, MA 02648 EXISTING USE: 14 UNIT MOTEL, 2 DUPLEXES, RESIDENCE DB 9762 PG 161 APPLICANT: STAR MOTEL REALTY TRUST PROPOSED USE: 130 & 100 SEAT RESTAURANTS 139C/O EST BAY GRIFFIN JR. TR. AREA OF MAP 294 PCL 39 5.7,718 SF 1.33 AC. OS ERVELLEMA 026 5 AREA OF MAP 294 PCL 37 9,750 SF (0,22 AC.; PRIV.WAY (TO BE RESCINDED) 6.052 SF (0.14 AC.) t5 COMBINED LOT AREA:' 73,520 SFt (1.69 AC.) LEGAL: ATTY. MICHgEL D. FORD 72 MAIN STREET W.HARWICH, MA 02671 EXISTING BUILDING COVERAGE: 11,108 SF / 73.520 SF = 15.1% .PH. 1-508-43D-1900 EXISTING PAVEMENT/WALKS 13,660SF / 73.520 SF = 18.6% EXISTING TOTAL IMPERVIOUS 24,768 SF / 73.520 SF � PROPOSED TOTAL IMPERVIOUS COVERAGE: 36,310 SF = 49.4% CIVIL ENGINEER: DOWN CAPE ENGINEERING, INC. 939 MAIN STREET YARMOUTHPORT.MA 02675 NATURAL STATE: PREVIOUSLY DEVELOPED SITE PH. 1-508-362-4541 -EXISTING NATURAL STATE: 48t% FAX 1-508-352-9880 PROPOSED NATURAL STATE: 24,010 SF = 32.6% EXISTING BUILDING COVERAGE: 11,108 SF / 73520 SF = 15.1 Z ARCHITECT: ANNINO ASSOCIATES ,INC. PROPOSED BUILDING COVERAGE: 8396 SF / 73520 SF = 11.4% 7 NORTH :MAIN STREET SUITE 210 ATTLEBORO_MA 02703 PH. 1-508-222-6773 FAX 17508-226-1314 PARKING CALCULATIONS: RESTAURANT USE: 230 SEATS/3=77 1 SP/3 SEATS 14 EMPL./2 = 7 + 1/2 EMPLOYEES 2 TAKEOUT AREAS=10 + 5/TAKEOUT AREA SPACES REQ.=94 94 SPACES PROVIDED HANDICAP SPACES: PER 521 CMR 4 SPACES REQUIRED 4 ACCESSIBLE SPACES PROVIDED (INCL. VAN SPACE) TREE CALCULATION: TOTAL PARKING: 96 SPACES ' 94 SPACES (1 TREE/ 8 SPACES) = 12 TREES REQUIRED (13) 3-CALIPER PARKING TREES PROVIDED IN ISLANDS TOTAL AREA = 41,318 SF PARKING AREA LANDSCAPED AREA INSIDE PERIMETER BUFFERS = 4547 Sf 4547 SF / 41318 SF = 11.OT. INTERIOR LANDSCAPING FRONT: 45' BUFFER HB, 10' BUFFER BUSINESS ZONE ORDINANCE 4-2.6 6)C) FUNCTIONAL REDUCTIONS REQUESTED AS AN EXPANSION OF EXISTING PAVED MOTEL PARKING 10' PERIMETER & BLDG BUFFERS EXCEPT LOADING & ENT. j ' Town of Barnstable —-Planning Department Staff Report Star Motel Realty Trust Appeal Number 1999-146-Special Permit.Pursuant to Section 3-3.6(3)(A)Conditional Uses in the HB District in accordance with Section 5-3.3 Special Permit Provisions Appeal Number 1999-146 -Special Permit Pursuant to Section 4-4.4(2) Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings and Section 4-4.5(1) Change of a Nonconforming Use to Another Nonconforming Use Date: November 23, 1999 To: Zoning Board of Appeals From: Approved By: Robe P.�chern�igAIC�PPlanning Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, AICP, Associate Planner Petitioner: Star-Motel'RealtjTFust c/o`Daniel Griffin;-Jr:-�-z Property Address: 999.lyannough Road/Route 132&35 Pineneedle Lane Hyannis Assessor's Map/Parcel: Map 294, Parcels 039&037: Area: 'Parcel 039 11.34 acres, Parcel-037-0.23 acre Zoning: HB Highway Business&B Business Zoning Districts Groundwater Overlay: GP Groundwater Protection District Filed:October 15, 1999 Public Hearing: December 01, 1999 Decision Due:January 13,2000 Standing: The subject property is owned by the Star Nominee Trust and Daisy Hill Realty Trust. The application . states the property is under a Purchase and Sale Agreement. As of this writing, a copy of the P&S has not been submitted to the file to show standing before the Board. Background: The property consists of two lots totaling 1.57 acres. Parcel 039 is presently.improved with 4 structures; a 14 unit motel, a barn structure, and 2 duplexes. Parcel 037 is presently improved with a one-story single- family residence. The property is located in an HB Highway Business and B Business Zoning District. The petitioner is proposing to demolish all of the existing buildings on this site and construct a single story 8,396 square foot building to house 2 restaurant uses of 130 seats and 100 seats. Other proposed site improvements include new parking, landscaping and buffers. The majority of the site is located in the HB District. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB District. The existing single-family dwelling is located in the B District, which does not permit detached single-family dwellings. The current uses of the property are, therefore, nonconforming. According to assessor's records, the existing motel buildings were constructed around 1960. At that time, the entire site was zoned B Business which permitted motels and duplexes. The property was rezoned to an HB District in 1983. The single-family dwelling pre-dates zoning in this area having been constructed around 1940. The motel lot(Parcel 039) is bounded by a road on 3 sides; Route 132 to the north, Pineneedle Lane to the east and an unnamed 40' private way to the south. There is a minimum 100'front yard setback required off Route 132 and a minimum 60'front yard setback required off Pineneedle Lane and the unnamed 40' private way which separates Parcels 039 and 037. The HB District also requires a minimum 30' side yard and 20' rear yard setback. The buildings located on the motel lot, with the exception of the Planning Department-Staff Report-Star Motel Realty Trust Appeal Number 1999-145-Special Permit,Section 3-3.6(3)(Ai Appeal Number 1999-146-Special Permit,Section 4-4.4(2)&4-4.5(1) barn, are nonconforming with respect to the required setbacks. At the time these structures were built, there was only a minimum 20'front yard setback required on the property. The 1983 rezoning imposed greater minimum setbacks than those of the B District. To allow this proposal, the applicant has applied for the following zoning relief: • Appeal Number 1999-145-Special Permit pursuant to Section 3-3.6(3)(A) Conditional Uses in the Highway Business Zoning District, to permit the construction of a new building to house 2 restaurants. Restaurants are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. • Appeal Number 1999-146-Special Permit pursuant to Section 4-4.4(2) Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings and Section 4-4.5(1) Change of a Nonconforming Use to Another Nonconforming Use. The existing motel buildings are nonconforming with respect to minimum setback and parking requirements, and use. The existing single-family dwelling is nonconforming with respect to its use. The proposed development does not meet the minimum front yard landscaped setback requirement along Pineneedle Lane. Staff Review: Front Yard Landscaped Setback Requirements There is a minimum 45' front yard landscaped setback required in HB Districts and a minimum 10' front yard landscaped setback required in B Districts. The proposal meets the front yard landscaped setback along Route 132 but does not meet this requirement along Pineneedle Lane. The applicant is proposing a 15' front yard landscaped setback along Pineneedle Lane. The 40' wide private way located between Parcels 039 and 037 is an unconstructed paper road. Normally, a minimum 45' landscaped setback would be required off this road as well. However, the applicant is proposing to rescind this way and incorporate both parcels into one lot. The applicant is requesting relief from the minimum front yard landscaped setback required along Pineneedle Lane under the nonconforming section of the Zoning Ordinance(Appeal No. 1909-146). However, it is staffs opinion that a Variance is required rather than a Special Permit. A recent court case, Osgood, et al v. Town of Andover, supports this conclusion (see attached copy). In the Osgood case, the building inspector for the Town of Andover denied a building permit for the remodeling of an existing bowling alley for retail purposes on the grounds that the proposal had to comply with the parking requirements of the zoning bylaw. The court upheld this decision. The Andover zoning bylaw has similar language as Section 4-2.6(6) of Barnstable's Zoning Ordinance Which requires a parking lot to be brought into conformance with the front yard landscaped setback requirements when a change or extension of a use created prior to March 11, 1999 increases the parking requirements by 5 or more spaces. The proposed restaurant use requires a total of 94 parking spaces, which is what the applicant is proposing. The motel and residential uses require a total of approximately 25 parking spaces. Traffic Impacts The site is located on a heavily traveled major arterial street(Route 132). The latest counts from the Cape Cod Commission Traffic Counting Report show the following: Location AADT Date Rt. 132 S. of Phinney's Ln. 26,717 8/03/98 Rt. 132 S. of Bearses Way 24,659 8/03/98 AADT-Annual Average Daily Traffic 2 Planning Department-Staff Report-Star Motel Realty Trust Appeal Number 1999-145-Special Permit,Section 3-3.6(3)(A) Appeal Number 1999-146-Special Permit,Section 4-4.4(2)&4-4.5(1) The applicant has submitted a traffic impact report prepared by Abend Associates. In calculating trip generation, the applicant's traffic consultant has used ITE's Trip Generation Manual (6th•Edition) Land Use Code(LUC) 320 Motel-for the present use and LUC 832 High-Turnover(Sit-Down) Restaurants-for the proposed use. Staff agrees that these land use codes most closely resemble the existing and proposed uses of the subject site. In calculating the average vehicle trips, the applicant's consultant has used occupied rooms for the motel use(20 units) and gross floor area for the restaurant use (8,850 sq. ft.). Using this same analysis, staffs figures are slightly higher than the applicant's for the proposed restaurant use. The following is a comparison between staffs and the applicant's expected trip generation for the proposed restaurant use(LUC 832): Staff's Data Applicant's Data In Out In Out Weekday 577 577 428 428 Peak Hr. of Adj. St. Traffic(1 hr. between 7 &9 a.m.) 43 39 32 30 Peak Hr. of Adj. St. Traffic(1 hr. between 4 &6 p.m.) 58 38 43 29 Saturday Midday Peak Hr. 112 65 84 49 Site Plan Review The site plan was found approvable on September 30;:.1999 with the following conditions: • 12'entrance(14'with Cape Cod Berm) • Rescission of private way • Sidewalk easement The revised site plan does show a 12' entrance on Route 132 with Cape Cod Berms. Currently, there are. 5 curbcuts on the property; 4 off Pineneedle Lane and 1 off Route 132. The applicant is proposing to close 3 of the existing curbcuts off Pineneedle Lane. The curbcut off Route 132 is proposed to be right-in only. As currently proposed, left turns onto Route 132 will be from Pineneedle Lane only. Local Comprehensive Plan: One of the major goals outlined in the LCP is to define"activity centers" for retail, commercial and industrial uses and to limit development and redevelopment to these activity centers in order to control growth and prevent strip commercial development along the major roadways in town. The subject property is located within a designated commercial activity center(the Route 132 regional commercial center). Policy 1.7.1:Development and redevelopment should be directed to village, regional and industrial "activity centers"that have sufficient carrying capacity to sustain the impacts of growth or where provisions are made for infrastructure prior to activity.taking place. In discussions with DPW, they have voiced a concern with the expected traffic numbers and the flow of traffic into and out of the project site. Turning movements onto Route 132 from the subject site may be F somewhat problematic taking into account the layout of the Stop & Shop/Borders entrance/exit and the amount of traffic on the roadway. DPW is recommending implementation of the LCP's objectives for Route 132. Policy 5.1 Expand Route 132 into a divided four lane roadway, with two way left turn median lanes, from Route 6 to Yarmouth Road. Integrate a synchronized signal system which would provide improved traffic flows and controlled turning points using federal, state, county or other funding sources, consistent with recommendations and conclusions of the Barnstable-Yarmouth Traffic Study. 3 Planning Department-Staff Report-Star Motel Realty Trust Appeal Number 1999-145-Special Permit,Section 3-3.6(3)(A) - Appeal Number 1999-146-Special Permit,Section 4-4.4(2)&4-4.5(1) Specifically, DPW is recommending a traffic light at this location with a median strip from the Independence Drive traffic light to the Festival Mall traffic light. To accommodate a traffic light at this location, the entrances for both Stop&Shop/Borders and the subject site would have to be redesigned. Only a minor modification of the entrance to.the subject property would be necessary, becoming a two way entrance/exit. Pineneedle Lane would become a right-in/right-out only with the addition of the median strip. Staff recommends, as a condition of approval should the Board find to grant the requested relief, that the applicant be required to provide funds (to be determined by DPW)for the traffic mitigation measures desribed above. The Board may wish to continue these appeals in order to-get additional input from DPW. Special Permit Requirements: Section 3-3.6(3)(A)-Conditional Uses.in the HB District provides that any use permitted in the B Business Zoning District may be permitted as a Conditional Use subject to the following: "a) Such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community." In granting a Special Permit for the alteration and expansion of a pre-existing nonconforming building or structure the Board must find that he proposed t p po d alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. If the building houses a nonconforming use, the provisions of Section 4-4.5 shall also apply. In granting a Special Permit for the change of a nonconforming use to another nonconforming use, the Board must find that the proposed nonconforming use is no more detrimental to the neighborhood and that all of the following requirements are met: A)The applicant has received all necessary approvals from the Board of Health. B)The proposed nonconforming use: (1) requires no more parking than the previous use; (2) does not generate more traffic than the previous use, as measured by the Institute of Transportation Engineers Trip Generation Handbook or other sources acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures to address traffic mitigation measures; (3) does not result in an increase of on-site and off-site noise, dust, and odors; (4) does not result in an increase in the hours of operation or in the number of tenants or employees; (5) does not expand the gross floor area of the nonconforming use, except as may be provided in Section 44.4(2), nor does it increase the number of nonconforming uses on a site; (6) is on the same lot as occupied by the nonconforming use on the date it became nonconforming; and (7) is not expanded beyond the zoning district in existence on the date it became nonconforming. The applicant should be prepared to present evidence that all of the preceding requirements are met. The standards for granting a special permit also require the following findings of fact to be made by the Board (Section 5-3.3(2)): 4 i I , Planning Department-Staff Report-Star Motel Realty Trust Appeal Number 1999-145-Special Permit,Section 3-3.6(3)(A) Appeal Number 1999-146-Special Permit,Section 4-4.4(2)&4-4.5(1) • that the.application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (restaurants are Conditional Uses in a Highway Business Zoning District allowed by Special Permit Pursuant to Section 3-3.6(3)(A)of the Zoning Ordinance, Section 4-4.4(2) allows for the alteration and/or expansion of a nonconforming building or structure not used as single or two- family dwellings by the grant of a Special Permit. Section 4-4.5(1) allows for the change of a nonconforming use to another nonconforming use by the grant of a Special Permit), • that a site plan has been reviewed and found approvable in accordance with Section 4-7 (The site plan was found approvable on September 30, 1999 by Site Plan Review Committee-Site Plan Review No. 075-99), and, • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Suggested Conditions: If the Board finds to grant the requested relief, they may wish to consider the following conditions: 1. The property shall be developed in accordance with the approved site plan, titled "Site Plan of Land in Hyannis (Barnstable) MA Prepared for Star Motel Realty Trust#999 Route 132 Hyannis, MA 02601 prepared by Down Cape Engineering, Inc. and dated 8/16/99(last revised on 10/01/99)with the following change: -The entrance on Route 132 shall be widened to 24'and turned into a two way entrance/exit to accommodate a trafficlight at this location. 2. The use of the property shall be limited to no more than two(2) restaurants with a maximum number of seats of 230 (inclusive of both restaurants). Drive-up windows shall not be allowed on the premises. 3. The applicant shall provide the Town with a sidewalk easement for the proposed sidewalk along Pineneedle Lane, as required by Site Plan Review. 4. The applicant shall rescind the 40'wide private way which abuts Parcel 039 to the south prior to the issuance of a building permit, as required by Site Plan Review. 5. The applicant shall provide an easement, as shown on the site plan, for alternate access for the abutting properties to the south and west of the locus. 6. The applicant shall contribute funds, to be determined by DPW, for the design and construction of a • traffic light at the Route 132 entrance and for a median strip on Route,132 from the Independence Drive intersection to the Festival Mall intersection. 7. The property shall be required to hook up to Town sewer. 8. The locus shall comply with all State Building Code, Town of Barnstable Board of Health and State Fire Prevention Regulations before an occupancy permit is issued. Attachments: Applications Copies: Applicant/Petitioner Assessor Field Cards GIS Map Site Plan Site Plan Meeting Notes Traffic Impact Report Osgood Case 5 s BARN87ABL6, - - MIABB Town of Barnstable FILE COPY ONLY! Zoning Board of Appeals NOT RECORDED AT Decision - Notice of Withdrawal REGISTRY OF DEEDS Appeal Number 1999-145-Star Motel Realty Trusi Special Permit Pursuant to Section 3-3.6(3)(A)Conditional Uses in the HB District in accordance with Section 5-3.3 Special Permit Provisions Summary: Withdrawn Without Prejudice. Petitioner: Star Motel Realty Trust c/o Daniel Griffin,Jr.. Property Address: 999 lyannough Road/Route 132&35 Pineneedle Lane, Hyannis Assessor's Map/Parcel: Map 294, Parcels 039&037 Area: Parcel 039- 1.34 acres, Parcel 037-0.23 acre I Zoning: HB Highway Business&B Business Zoning Districts Groundwater Overlay: GP Groundwater Protection District Background: The property consists of two lots totaling 1.57 acres.- Parcel 039 is presently improved with 4 structures; a 14 unit motel, a barn structure, and 2 duplexes. Parcel 037 is presently improved with a one-story single- family residence. The property is located in an HB Highway Business and B Business Zoning District. The petitioner is proposing to demolish all of the existing buildings on this site and construct a single story 8,396 square foot building to house 2 restaurant uses of 130 seats and 100 seats. Other proposed site improvements include new parking, landscaping and buffers. The majority of the site is located in the HB District. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB District. The existing single-family dwelling is located in the B District, which does not permit detached single-family dwellings. The current uses of the property are, therefore, nonconforming. According to assessor's records, the existing motel buildings were constructed around 1960. At that time, the entire site was zoned B Business which permitted motels and duplexes. The property was rezoned to an HB District in 1983. The single-family dwelling pre-dates zoning in this area having been constructed around 1940. The motel lot(Parcel 039) is bounded by a road on 3 sides; Route 132 to the north, Pineneedle Lane to the east and an unnamed 40' private way to the south. There is a minimum 100' front and setback p Y Y required off Route 132 and a minimum 60' front yard setback required off Pineneedle Lane and the unnamed 40' private way which separates Parcels 039 and 037. The HB District also requires a minimum 30' side yard and 20' rear yard setback. The buildings located on the motel lot, with the exception of the barn, are nonconforming with respect to the required setbacks. At the time these structures were built, there was only a minimum 20'front yard setback required on the property. The 1983 rezoning imposed greater minimum setbacks than those of the B District. To allow this proposal, the applicant has applied for the following zoning relief: Appeal Number 1999-145-Special Permit pursuant to Section 3-3.6(3)(A) Conditional Uses in the Highway Business Zoning District, to permit the construction of a new building to house 2 restaurants. Restaurants are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. t , Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-145-Star Motel Realty Trust Special Permit,Section 3-3.6(3)(A) Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 15, 1999. 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 December 01, 1999, at which time the Board, per applicant's request, granted a withdrawal without prejudice. Hearing Summary: Board Members hearing this appeal were Richard Boy, Gene Burman, Gail Nightingale, Ralph Copeland, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant. At the start of this hearing,Chairman Emmett Glynn read a letter from Attorney Ford dated December 01, 1999, which states, "In regard to the above referenced matters, this letter will serve as a request on behalf of the applicant to withdraw without prejudice the applications for Special Permit, filed on October 15, 1999." Decision: " Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1999-145 to be Withdrawn Without Prejudice.The Vote was as follows: AYE: Richard Boy, Gene Burman, Gail Nightingale, Ralph Copeland, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1999-145 has been Withdrawn Without Prejudice. 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. iI- 9-9f Emmett Glynn, 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 o 1 ` under the pains and penalties of perjury. , Linda Hutchenrider, Town Clerk 4 2 ReINo mapper ownerl owner2 addr city state zip 145+146 294 002 CORSON, RODNEY K& JANET TRS RK CORSON PROPERTY TRUST .800 SEA VIEW AVE OSTERVILLE MA. 02655 294 003 CARTER, JACK G JR TR & HARMON, WILLIAM M TR 1020 IYANOUGH ROAD HYANNIS MA 02601 294 004 FLATLEY, JOHN & STOYLE, G D TR BORDERS GRP INC LEASE ACCTNG 100 PHOENIX DR ANN ARBOR MI 48108 294 020 RUSSELL, WILLIAM J JR %WELLSPARK GROUP -ACCOUNTING ONE WELLS AVE NEWTON MA 02459 294 021 BOURGEOIS, ROGER & ALBERT JR %RUSSELL, WILLIAM J JR & WILLI 937B IYANOUGH RD HYANNIS -MA 02601 294 022 BORNSTEIN, JAMILA TR NEWMARKET PLACE NOM TRUST 297 NORTH STREET HYANNIS MA 02601 294 023 RUSSELL, WILLIAM J JR %WELLSPARK GROUP - ACCOUNTING ONE WELLS AVE NEWTON MA 02459 294 024• RUSSELL, WILLIAM J JR %WELLSPARK GROUP - ACCOUNTING ONE WELLS AVE NEWTON MA 02459 294 025 LUZIETTI, TIMOTHY R ROUTE 132, HYANNIS MA 02601 294 026 OOA NEWMARKET PLACE LP 297 .NORTH ST HYANNIS MA 02601 294 026 OOB NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOC NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOD NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOE NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOF NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOG NEWMARKET PLACE LP - 297 NORTH ST HYANNIS MA 02601 294 026 OOH NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 001 NEWMARKET PLACE LP 297 NORTH STREET HYANNIS MA 02601 294 026 OOJ NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOK NEWMARKET PLACE LP 297 NORTH ST HYANNIS MA 02601 294 026 OOL NEWMARKET PLACE LP 297 NORTH ST HYANNIS. MA 02632 294 026 OOM HALLETT, PAMELA TRS PAMELA TRUST 44 EMILY WAY r OSTERVILLE MA 02655 �. 294 028 DIETER, RUSSELL A TR _. P 0 BOX 368 DENNISPORT MA 02639 294 029 DUTRA, JOHN' R 473 ROUTE 149 MARSTONS MILLS MA 02648 294 030 KESTEN, ROBERT G SR 615 OLD FALMOUTH RD MARSTONS MILLS MA 02648 294 032 OOA DEDECKO, JAMIE S TR P O BOX 154 MASHPEE MA 02649 294 032 00B ALEMAO, ITAMAR & ELZIRA 1029 RT 132 -.UNIT B, BLG 1 HYANNIS MA 02601 294 032 OOC BARSZEWSKI, JOHN H 49 SURRY DR COHASSET MA 02025 294 032 OOD KOULOPOULOS, MICHAEL A & MARIA 6D & N BANK PO BOX 2053 FLINT MI 48501 294 032 OOE HILL, HARRY E JR & LINDA 1029 IYANOUGH RD UNIT 2A HYANNIS MA 02601 294 032 OOF KATZ, STEVEN M & CHARLES A 55 BRAY FARM RD YARMOUTHPORT MA 02675 294 032 OOG GEMBORYS, STEVEN B %DUSSAULT, TIMOTHY W 100 VALLEYBROOK RD CENTERVILLE MA 02632 294 032 OOH ESPOSITO, KATHERINE ANN & LOWRY, SUSAN P ONE GROSBEAK RD YONKERS NY 10201 294 032 001 HUMPHREY, NATHAN P 0 BOX 2 GRAY ME 04039 294 032 OOJ FINN, THERESA & RICHARD P %FINN, THERESA 112 CAPTAIN JACKS RD CENTERVILLE MA 02632 294 032 OOK TOKLA, THERESA .174-80 LOWELL RD MASHPEE MA 02649 r 4 RefNo mapper ownerl owner2 addr city state zip 294 032 OOL MEADER, PHILIP W & THELMA M 215, NORTH ST MEDFIELD -MA 02052 294 032 OOM TOKLA, HERBERT F 174-80 LOWELL RD MASHPEE MA 02649 294 032 OON KELLIHER, KATHLEEN C P 0 BOX 41 NANTUCKET MA 02554 294 032 000 MURPHY, THOMAS!E JR & JANET 1029 IYANOUGH RD—UNIT 4C HYANNIS'. 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STACIE E 800 BEARSES WAY, #6NA HYANNIS MA 02601 294 061 OEL 14kCFARLANE, DAVID G & MACFARLANE, GHISLAINE J 800 BEARSES WAY 6NB HYANNIS 14A 02601 294 061 OEM COLBERT, JAMES P & EMILY CAPE CROSSROADS 800 HEARSES WAY, UNIT 6-NC HYANNIS MA 02601 294 061 OEN GRACE, LAURA K "800 BEARSES WAY 6ND HYANNIS MA 02601 294 061 OEO MULVEY, PETER F TR %YOUNG, LAWRENCE & JENNIE K 207 WASHINGTON ST ._; QUINCY MA 02169 294 061 OEP FRIEDMAN, GEORGE & SHARON G 19 FLANAGAN DR FRAMINGHAM MA 01701 294 061 OEQ WINTERS, GRACE B 800 BEARSES WAY APT 6SA HYANNIS MA 02601 294 061 OER LAYNE, MICHAEL WADE %MERRICK; JOHN T & LORRAINE TR 51 FALMOUTH RD HYANNIS MA 02601 294 061OES SIEGEL, ALAN & LINDA 91 FREEDOM HOLLOW SALEM ,. MA 01970 294 061 OET DRIFMEYER, RICHARD C & DRIFMEYER, MARGARET C 800 BEARSES WAY #6SD HYANNIS MA 02601 294 061 OEU BRONSDON, MARJORIE I 800 BEARSES WAY UNIT 6SE HYANNIS MA 02601 294 061 OEV ROSS., DONALD T & EVELYN M 800 BEARSES WAY UNIT 6SF HYANNIS MA 02601 294 061 OEW SAVAGE, NATALIE A 800 BEARSES WAY 6EA HYANNIS MA 02601 294 061 OEX ROSSIGNOL, LUCIEN 800 BEARSES WAY 6-EB HYANNIS MA 02601 294 061 OEY JANSEN, JENNIFER ALISON %OMAN, KRISTIN J 800 BEARSES WAY #6EC HYANNIS MA 02601 294 061 OEZ TISDALE, MARK E 185 SANDY VALLEY RD MARSTONS MILLS MA 02648 294 061 OFA ANDREWS, ALAN H JR BANCBOSTON MTGE CORP P 0 BOX 45298 JACKSONVILLE FL 32232 294 061 OFB SKINNER, THOMPSON E 1951 CHARDONNAY ST LAZARE QUEBEC J7T2C 294 061 OFC GROMEK, EDWARD A & NORMA J 19 DUNHAM DR GREENSBURG PA 15601 294 061 OFD CIMENO, JUDITH A TR C & C REALTY TRUST 45 CONGRESS PLACE DEDHAM MA 02026 294 061 OFE CIANDELLA, JOSEPH J & JOANN F %CIANDELLA, JOSEPH J 4 34 SUN VALLEY DR WORCESTER MA 01609 294 061 OFF THOMSON, ALEXANDER W THOMSON, ELIZABETH M 514 MAIN ST HARWICHPORT MA 02645 294 061 OFG MATHEWS, FLORA 800 BEARSES WAY UNIT 6WC HYANNIS MA 02601 294 061 OFH ASHCHIAN, ROSE P 0 BOX 1396 �N FALMOUTH MA 02556 294 061 OFI MAKKAY, ALBERT J 800 BEARSES WAY #6WE HYANNIS MA 02601 294 061 OFJ PETRELL, NATALE R & PETRELL, MARGARET E 68 WARREN AVE PLYMOUTH MA 02360 294 06.1 OFK ROBIDEAU, GENE UNIT 6-WG 800 BEARSES WAY HYANNIS MA 02601 294 061 OFL TOKLA, HERBERT F 174-80 LOWELL RD MASHPEE MA 02649 295 015 H00 FLATLEY, THOMAS J %THE FLATLEY CO P 0 BOX 859206 BRAINTREE MA 02185 10 Meeting of December 15, 1999 Mailed November 19, 1999 Zoning Board of Appeals Agents and Abutter Notification 294-020 145 %Lee,Joseph&Li Hong 1029 Iyannough Rd Unit 1 i D CCM Iyannough Rd.LLC Hyannis,MA 0260.1 C/O New England Development One Wells Ave 294-032 OAS 145 Newton,MA 02459 Seasholtz,Gary L&Sharon 294-021 145 %Barroso,Maria De Socon o Pimenta PO Box 649 Russell, William J.&William J.Sr. So Yarmouth,MA 02664 %Russell,William J Sr 72 Eaton Ln 294-035 145 Brewster;MA 02631 Marcantonio,Vincent P Trs 294-023 145 %Barroso,Magno J&Elizabeth P . 15 Pepper Ln CCM Iyannough Rd LLC Hyannis,MA 02601 C/O New England Development r ., One Wells Ave .294-061-OOH 145 Newton,MA 02459 { Tokla,Herbert 294-032-00P 145 %Conniff,Michael P ` 800 Bearses Way#15B Dooley,John N. Hyannis,Ma 02601 GMAC Mortg Corp Tax Dept _ PO Box 167847 294-061-OOM 145 Irving,Tx 75016-7847 Silverman,Irving B& �. . 294-032-OOR 145 %Pomeroy,Gregory C&Virginia L 4 Peabbles Cove Rd Bertini,Claire D Tr Cape Elezabeth,ME.04107 CDB Realty Trust 766 West Yarmouth Rd 294-061-000 145 Yarmouthport,MA 02675 York,John J Jr&Lisa A 294-032-OOY 145 %Silva,Peterson 118 Wagon Ln Favier, Wayne G Hyannis,MA 02601 1029 Iyannough Rd#7A - Hyannis,'MA 02601 294-061-OOU 145 294-032-OAN 145 Gannon,Peter W 12150 Kelly Sands Way$629 Rondeau, Alvin C&James A Ft Myers,Fl 33908 %Rondeau,Nora T ' 1029 Route 132 Unit 1OD 294-061-OAG 145 Hyannis,MA 02601 Vohs,Charles J 294-032-OAR 145 800 Bearses Way 2NE Hyannis,MA 02601 Manni,Donald M Jr 294-061-OAI 145 Landy,Edward&Rosalind Tricca,Andrew R c/o Buddington,Ruth 800 Bearses Way#2SA 800 Bearses Way 4EA Hyannis,MA 02601 Hyannis,MA 02601 294-061-OAS 145 294-061-ODG 145 Trapp,Robert&Shirley TR Kaplan,Harvey aa7 Sylvia c/oTrapp,Shirley TR c/o Keeler,Ronald SR&Georgette 16541 Bayleaf LN#58 800 Bearses Way 4WG Fort Myers,FL 33908 Hyannis,MA 02601 294-061-OAU 145 294-061-ODK 145 Porter,Gregory Frasca,Paul TR 800 Bearses Way 2EG c/o Hurley,Elizabeth Hyannis,MA 02601 r 800 Bearses Way 5NC Hyannis,MA 02601 294-061-OBC 145 294-061-ODQ 145 Thomas,Benjamin c/o Hill,Dolores Stevens,M Lee&Dennis 22 Meetinghouse RD c/o Stevens,Millard&Marcia Acton,MA 01720 75 Park Ave Centerville,MA 02632 294-06.1-OBI 145 294-061-ODV 145 Miller,Matthew&Ellen c/o Abend,Toby TR O'Neil,Kevin&Paula 32 Lamis RD c/o Chaletzky,Alva Framingham,MA 01701 800 Bearses Way 5EB 294-061-OBV 145 294-061-ODW 145 Nakagoshi,Shigeo Stone,Jacob c/o Reardon,Holley M c/o Fulham,Michael IA River RD 800 Bearses Way 5EC Marstons Mills,MA 02648 Hyannis,MA 02601 294-061-OCD 145 294-061-ODY 145 Ryan,Mary Patterson,James c/o Harris,Richard&Cathy c/o Parker,Tina 53 Woodland AVE 147 Summer St Mashpee,MA 02649 Waltham,MA 02452 294-061-OCI 145 294-061-OEC 145 Obrien,Audrey Newell,Robert 800 Bearses Way c/o Newell,Robert&Patricia Hyannis,MA 02601 269 Old Main St S Yarmouth,MA 02664 294-061-OCS 145 294-061-OEE 145 Better,Irwin c/o Kannally,Kadi A ` 800 Bearses Way 5WC Hyannis,MA 02601 294-061-OEL 145 MacFarlane,_David&Ghislaine c/o Bowes,John J Jr 305 Riverview Ln Centerville,MA 02632 294-061-OEM 145 Colbert,James w 8824 E Martha Root CT - Tucson,AZ 85747 294-061-OER 145 Merrick;John&Lorraine TRS J and L Realty Trust a 61 Falmouth Rd Hyannis,MA 02601 294-061-OFC 145 Gromek,Edward&Norma " F c/o Vespa,Christel 800 Bearses Way 6EG Hyannis,MA 02601 - 294-061-OFF 145 _ Thomson,Alexander&Elizabeth c/o Mele,Steven&Kathleen 56 Lakeview Dr Centerville,MA 02632 294-061-OFG 145 Mathews,Flora. " c/o Manzo,Noreen 34 Seabury Ln Centerville,MA 02632 , 294-024--No Parcel -145 r 294-061-ODO No Parcel 145 f Proof of Publication 3 1 LFIRRWR 1XI 3 3ii ll'Nlubndd J acttit N to aDow now stgrF fnf'f~oit 's t#f' be pleevd on the. rrtof sign lhe.piuperty is shown`on Assessor's Map 209, 003 and is addressed as 1604 Falmouth Road.Route 20.Gang,MA in an HB Highway - Suo nes5 Zoning Distiict. 7-44 P.K. a : WGreegety Appeal 1'owt44 - Jqhn end Muth lvlc .reevery have appaaleif the decision of the WKWUVWROssionervo shelter.a permit was lommd back in April t if this wasl ht our opinion.at t thrie,not an accessory structure.a building permit would not have been Issued...In*p€oWng with the sonof the owner.the shed is for his own personal use.'The property in issue is the abutting • p art r>vmgct by 1 V.Williams as,shoam on Assess+itr' f)S12.P 1>0 WO `:only .j drgsse ,ads 45 C d Kings Road Cotu(�, MA in Ref ltial r Zonfn 0 r M¢tei Really Trust S4�Pp +►u►i 1> 1 Oiwafitoeafly Tru 0o 00,nief Griffin,Jr has 00btioin4to tt Zonin6 Roam 14, • foo:•a SpacialAemlit ptrarit to Section ti-9.3 Special ReiriMtf#Rnrisiruns and Section 3�.01� ` - Conditionel Uses in a-Miyhwey.Business DisWt. The locus k 0wently the site of a nonconforming motet+•duplexes.a single far illy house and partdr*%jo•The M*md is pMO 60p9to demolish the existing buildings and conrstrvct a restaaurarK Gilding of 0,3ffFf s.f. Whousfino restaur;)►1t uses of 130 seats and 100*gals, and constrict new perking. W)drq and buffers.The property as shown on Assessors Map 294,Parcels 031f 6 0$7 end is 6Dmrngny addressed as 999 lyanough Road and 35 Ptneneedle Lane.Hyannis.MA kt:ft HD Hfoway Business and 0 Business Zoning Districts. 0$P.M... Star Motel Realty Trust ApPe J Number 108,91 g43 Sty Motel Realty Trust c/o Daniel Griffin.Jr.has petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.4(2)Nonconfompng Building or Structuna NO O$nglo or Two-Nn*Iy Dwellings and Section 4-4.b(1)!,'lianga of a_Nertcon.. tbiA►nolhof NonconfOrning Use.The locusiscurrentlythg site of sriariconfairrning mr:tg( plexe*,a*Ingle form house and pwWg lot.The site is noncorrfanning in tears-of lose layout tbllff s f n9) fl►e applicar►t is proposing to demolish the e�aa"btiWw sod Maristruct a rovtaurant building of 0.390 s•f.to(louse two restautarlt tiles gf I stets and 100 seats,and cQnstr4ct new ,landscaping,and buffi m Thaproperty is shown On Assessor's Map 204.parcelp. 0037 and 10 comnwnly addressed a� yanouglr flood!/Route 132 and 3a6 Phieneedle lane.Hyannis.MA in the HO Highway Btislness end B Business Zoning Districts. 8:30 P.M. Sprint Spectrum.LPAppeal Number 199s147 Sprint Spectrum. LP has petitioned to the Zoning Board of Appeals for a S. Permit pursuant to Section 4-4.2 Nonconforming Building or Structure Not Used as Single or Two-, Fundy Dwellings to permit the replacement of a nonconforming 11 h foot raft tower with a 120 foot monopole structure and assooMed base station equipment for we as a PC$ ` ccHnmunications facility.The Property is shown.an Assessor's Map•250:Pal �?lp 004 and is rimylyaddressedeg1047PahreouuthR�duto2$Hyerini:),MAinartt •tf�es3dentiel A Di§trio. _ Sprits Spectrum,W Al�tp Number 19W 140 print*ectrum, t.P has petitioned to-the lid rand of Appeals for a Special Permit ,' lq► t Su lion 4-4.5(2) Om of g Non ring Uw to permit the r is itgfgnoncgnf. nottMotr0t8bttJwarwitha120footmono(�piti buotureand nil ed bian station e;quipmwt for use as a communications fasility.lire issh6mcmAmes i'sMap 0.PWcO.IQW1 W10;aomntpnyaifdrassedas104.1 ff .t�yannis.MA to an RD•1 f fsa d W Zgr r.10,D stncl. Oublio Halving*will ba hold in the Hu n1�Rotitn; Floor.Nsvy�iiim MO.367 Mann Wit.Hyannis.Mes husetts Wadnesd t.Dopernbe►01. 1009,AN pains and ;Ctibrls►1'�y be reviewed at the Zoning 4tard Of Appea$ 1 ,Tbtnm t?ftarttstable. ling Department.230 south street,Hyannis.KW l ftmt Glynn,Chorman Zqrdng Board of Appeals t Thp$amstabie Patriot November 11 &November 18, 1999 1 TOWN OF BARNSTABLE _ BOARD OF APPEALS NOV 2 41999 TOWN OF BARNSTABLE ZONING BOARD of APPEAL APPLICATION FOR A SPECIAL PERMIT OF STAR MOTEL REALTY TRUST FOR PROPERTY LOCATED AT: 999 IYANOUGH ROAD and 35 PINE NEEDLE LANE, HYANNIS Submitted By: Michael D.Ford, Esquire P.O. Box 665 i + West Harwich, MA 02671 November 24, 1999 RELIEF SOUGHT The petitioner seeks two Special Permits. - 1. A Special Permit under Section 3-3.63, Highway Business District, for the demolition of the existing buildings on the site°and the construction and operation of restaurant building, parking lot landscaping and buffer, all of which require a special permit in the Highway Business Zone under the aforementioned section. 2. A Special Permit under Section 4-4.4(2) and Section 4-4.5(1). The existing motel` s a pre-existing non-conforming use and the°existing site conditions are pre-existing non- conforming. As a result, a Special Permit is also sought under the aforementioned sections for demolition of the existing buildings and the construction-and operation of restaurant building, parking lot, landscaping and new buffers. , FACTS The locus in question is located at 999 Iyanough Road and 35 Pine Needle Lane, Hyannis. The property is located in an HB Zoning District(Highway Business), a small portion in the Business District and is also located within a GP Groundwater Protection Overlay District. The property is shown on Town of Barnstable Assessors Map as Parcels 37 and 39. The locus is , also shown on a plan recorded at the Barnstable County Registry.of Deeds in Plan Book 112 Page 119 as lots 19, 20, 215 22 and 24., A copy of said plan is attached hereto as Exhibit A. The total land area of the parcels in question, including a private way to be rescinded is 73,520 sq ft or approximately 1.69 acres. The existing use of the property,is the Star Motel and contains motel buildings as well as duplexes and a single family house. The existing building coverage is 11,108 sq. ft. or 15.1%. The existing pavement and walks on the site is 13,660 sq.eft:'or 18.6%. The total impervious coverage on the site is 24,768`sq. ft. or 33.7%. The applicant'proposes to construct.one new building in which two restaurants would operate. One occupying 4,510 sq. ft. and the other occupying 3,886 sq. ft.. The first would have 130 seats and the second 100 seats, all as shown on the site plan. The proposed building coverage of the site, after demolition of all existing buildings, would be 8,396 sq. ft. or ; approximately 11.4 %. 'This is a reduction in building coverage of approximately 3,000 sq. ft. The total impervious on the site, after all site improvements'and parking, is 3 6,3 10 sq ft. or 49.4% which while'an increase,in the,total impervious is still under the 50%o requirement of the ordinance. Currently the frontage along Route 132 is open,with the exception of a-sign and an. existing planter. The site conditions along the frontage and the curb cut will be redesigned in accordance with the site plan and be a right in only from Route 132. Additional access will be provided from Pine Needle Lane, all as,shown on the site plan. ,This change will result in a safer, and less congested traffic;flow, in and out of Route 132, to the new site.. Also, a substantial buffer will be created along Route 132ain accordance with the Towns new landscape'provisions contained in the ordinance. The applicant will resurface Pine Needle Lane to the entrance to the site and provide a sidewalk'and easement to the.Town for said sidewalk. T ` OF t , The applicant has been through the Site Plan Review process and under a decision (SPRO 75-99). Site Plan Review has approved the project subject to certain conditions. A copy of that decision is attached hereto: It should be noted that the plan achieves substantial zoning compliance over the existing conditions, both in terms of use of the property,but also in terms of the setbacks from Route 132, by creating the new 45 foot buffer, by moving the building and by constructing the new building in accordance with the 100 ft. setback from Route 132, the existing Motel being located within,that setback area. The applicant has an agreement with the only other property owner with rights in the Way (shown on-the attached subdivision plan)that said Way will be rescinded so that the improvements are shown on the site plan, can be constructed. That recission is a condition of the Site Plan approval. DISCUSSION The Barnstable Ordinance Section 5-3.3 (2) sets forth the following standards for filing a special permit A) Whether or not the application falls within the category specifically excepted by this ordinance. The application specifically falls under Section 3-3.6 (3) Conditional Uses in they, Highway Business District and also Sections 4-4.2 (2) and 4=4.5 (1) regarding the alteration and. changes to non-conforming structures and uses. As a result, the requirements of this provision have been met. B)• An evaluation of all the evidence presented at the public hearing by the petitioner and interested parties as it relates to the fulfillment of the spirit and intent if this ordinance without substantial detriment to , the public good or the neighborhood affected. . The evidence presented by,the applicant shows that the current use of the property as a motel in non-conforming in terms of use, contains numerous non-conforming site conditions including buildings within required setbacks and a lack of any landscaping along Route 132 as ' well as a two way curb cut onto Route 132. The proposed petition brings the site into ; conformity with the use requirements of the by-law, brings the new building into conformance.- with the applicable set back requirement from Route 132 and creates a landscaping buffer along' Route 132 consistent with the requirements of the new landscape ordinance provisions. Further, the existing two way curb cut onto Route 132 is eliminated and a right turn in-only is created. These improvements over the existing site�conditioi, as well as the compliance of this plan with the other provisions of the zoning by-law is in keeping with the spirit'and intent of the ordinance. Further, the applicant has submitted a Traffic Report which concludes that the proposed uses and site layout will not have any material effect on traffic operations in the area. As a result,the Special Permit can be granted without substantial detriment to the public good or the neighborhood affected, which is,principally a commercial neighborhood along Route 132 in Hyannis. C) A site plan has been reviewed and found approvable in accordance with Section 4-7 herein subject only to the issuance of a Special Permit. t The applicant obtained the approval of Site Plan Review under Site Plan decision SPR075-99, a copy of which is attached hereto as Exhibit B. Current non-conforming conditions on the site include the fact that the existing parking area does not provide for any buffers,from Pine Needle Lane, a condition that is pre-existing, non-conforming given the requirements of Section 3-3.6(5)Bulk Regulations, Front yard landscape set back from road line in the Highway Business Zone. The proposed site plan provides for compliance with the 45 ft requirement off of Route 132 and creates a'buffer,while not 45 ft. in width, ranging from 20 to 15 and back up to 20ft. in width which includes a sidewalk, along Pine Needle Lane, where no buffer currently exists. As a result the non _ conforming condition on the site, the lack of required landscape buffers, is improved with the proposed landscape plan and site layout. As a result, the petitioner suggests that a finding can be made that under Sections 4-4.4 (2) and if necessary 4-4.5(1) that the alterations to thessite i conditions are more conforming than the current site conditions and as n result will not be ' substantially more detrimental to the surrounding neighborhood and otherwise meet the requirements of this provision. y- t CONCLUSION As a result of all the evidence;the petitioner requests that the Special Permits be granted _ i as applied for with the conditions as imposed by Site Plan Review decision. — — EXHIBIT A �Et 10 ao ir lq ol A3 S 9 °' 1. a•S• ~ , a �, � r I Ooy JD Ep•a , ' a a8 a °•, a m" p • a9:i' ° 3w° ,, r 8° nr '3i ••S �m 4 ' ..3 n m � .. � > _ • eJ G , i �>o•a ° z D N ° 33 ,°sap•. nIn 'S _ ae m°o�f m o UZIAa NcZ /a r CEO nm o^• ••O • o. / •a. a Q Ei 71 �--T- a MZ-mlk mn F t. op N SPR Meeting Notes 9/30/99 Site Plan Review Meeting of September,30, 1999 Hearing Room,2nd Floor Barnstable Town Hall 367 Main Street,Hyannis PRESENT: Ralph Crossen, Building Commissioner, Steve Pisch, Engineer, Thomas McKean, Health Division Director,Art Traczyk, Principal Planner,Rob Gatewood, Conservation. Also in attendance were: Carl Grisetti, Attorney Pat Butler, Dan Ojala, Engineer` This meeting was called to order at 9:00 AM and adjourned at 10:55 AM. SPR 075-99 Hyannis Star Motel - Griffin,Route 132, Hyannis 999 Iyannough & 35 Pineneedle Lane R294-037 & R294-039 The applicant seeks to construct a single structure containing two, separate food,service tenants Attorney Mike Ford advised the panel that the Route 132 access has been redesigned resulting in a right turn only. A 45 buffer has been achieved along,the front of,the property. ' It was noted that the Pineneedle Lane buffer remains shy and redesigning was unable to achieve compliance. A sidewalk has been created from Route 132 through Pineneedle Lane into the site entrance. , Attorney Ford informed the committee that the applicant would pursue the rescinding of the existing way with the Planning Board. It was determined that the'use of the aforementioned way is restricted to the lots immediately,abutting the way:. s , Attorney Ford continued to remark that the applicant has complied with the 30%natural state rule. He added that by using pervious pavers the applicant was able to conformYwith the no more than 50% impervious-regulation: Upon a brief'review-of the plan, Art Trayczk commented on his desire to'preserve a small- ` grove of oaks and evergreens:-,Attorney Ford reminded the committee that the applicantwas re-developing this site an very'little on the site could be considered in a natural state. Dan Ojala interjected that a large pine to the rear ofthe proposed building was to be retained. The panel was informed.that the lawn along Route 132 was re-graded and would i be substantially planted, beautifying the site. This action contributes to the natural state requirement. t Discussion of the preservation of an access easement ensued after it was revealed that this easement was in fact a condition was attached to a special permit. It was determined that this access must remain intact in the event that ability to cross Iyannough Village Condo property is ultimately restricted or prohibited. The easement being legally viable and . required shall not be hindered in any way. Art advised the applicant to comply with the lighting.requirements issued by the Cape Cod Commission. The applicant was also reminded to determine and mark on a revised plan the location of a proposed sign. Tom McKean remarked that there are two grease traps designated on the plan as previously requested during a prior review. He added that the dumpster is required to be screened off. Mr. McKean indicated the-need to review a floor plan before obtaining a permit. Steve Pisch offered that Bob Burgmann recommended a curb cut of 12' wide (14' with CC Berm) one way entrance.. He suggested that the applicant re-work the island for the rear entrance/exit area in order to.define and restrict the traffic flow. Ralph Crossen added that a sign clearly designating the traffic flow(i.e. NO EXIT) should be posted and worded according to whatever the code dictates. . . Discussion developed surrounding the creation of a sidewalk overlapping onto public land. It was suggested that the applicant construct the sidewalk and present it to the Town as an "as built"with the applicant granting an easement to the Town. Ralph Crossen noted that it shall be necessary to remove an existing pole in order to accomplish the completion of the sidewalk. y In response to general comments regarding'screening devices;.the applicant declared his intention to plant privacy hedges as a good will gesture on behalf of the private residences adjacent to this site. The Commissioner reminded.the applicant that light spillage should be contained so as not to offend the';residential neighbors'or interfere with their comfort.. Conclusion: Approved with the following conditions: ` 12'entrance (14'with CC Berm). Rescission of private way, Sidewalk Easement ' Abend Associates 265 Winn Street, Burlington, Massachusetts o1803-2616 Traffic& Transportation Planning Services ,-017)273-5383 FAX 273-3053 0 t5 � NOV TECHNICAL MEMORANDUM tD�ti OF��pppEA� Prepared by: Norman A Abend Date: October 12, 1999 Subject: HYANNIS STAR MOTEL PROPOSED RE-USE Traffic Impact of Proposed Land Use Change Introduction This memorandum addresses the traffic impacts projected to occur as a result of a proposed change in land use of the parcel of land on which the Hyannis Star Motel is now situated. The site is located on the south side of Route 132, approximately 600 feet west of the newly reconstructed and signalized intersection between Route 132 and Independence Drive/Enterprise Road. (For the purposes of this report, the intersection will be referred to as Route 132/Independence Drive.) The site is currently occupied by a 20-unit motel. Although one unit is used as the manager's residence, the existing use is treated as a simple 20-unit motel for the purposes of this report. The proposed use is for a building of 8,850 square feet containing a 4,500 square foot Bertucci's restaurant and, at this writing, a 4,350 square foot similar type of restaurant. In terms of seating capacity, the 4,500 square foot restaurant would contain about 125 seats and the 4,350 square foot restaurant would contain about 100 seats. This memorandum compares the trip generation of the existing and proposed uses to determine the number of additional trips that the new use would generate, discusses the current and proposed access designs, existing and projected roadway conditions on Route 132, and the likely effect of the project on operating conditions on Route 132. 304 Concord Road, Wayland, Massachusetts 01778-1117 (508)358-7095 FAX 358-5280 l i G��-riJ2e� ��?2ti��. ,. i I t ��.� � � _ __Y. -_, ,, -�-.� --_ • -2- Trip Generation For the purposes of comparing trip generation, the Institute of Transportation Engineers (ITE) Trip Generation Report (sixth edition) has been used. This publication is generally accepted by most municipalities in the state as well as by all state transportation-related agencies for use in projecting trip generation for various land uses. For the purposes of this report, Land Use Code #320, Motel, has been used as the basis for comparing trip generation. The most common parameter in determining trip generation for motels is the number of occupied rooms. In this case, where the peak volumes in the area as well as at the motel are likely to occur during the summer months, a 100 percent occupancy rate has been assumed in the trip generation comparison. Contributing to this decision is the small size of the,existing motel, which contains only 20 units. For the proposed restaurant use, the ITE report has several restaurant categories from which to select, including Quality Restaurants, High-Turnover (Sit Down) Restaurants, Fast Food Restaurants without Drive-Through Window, and Fast Food Restaurants with Drive-Through Window. Of these, Land Use Code #832, High-Turnover (Sit Down) Restaurants most closely resembles the proposed use. A quality restaurant would produce fewer trips on a per square foot or per seat basis, and a fast-food restaurant, with or without a drive-through window is not being proposed. On a daily basis, the existing 20-unit motel would generate five trips inbound and nine trips outbound during the morning peak hour and nine trips inbound and eight trips outbound during the evening peak hour. Since Saturday midday is considered to be a crucial time for traffic, a Saturday midday analysis has also been done. The Saturday peak hour of the site is assumed to occur during the summer Saturday midday peak for general traffic. For the 20-unit motel, these values are 14 inbound and 17 outbound trips. (All of the trip generation data is summarized on Attachment 1. On a 24-hour daily basis, the motel generates 92 inbound and 92 outbound trips per day. Abend Associates r -3- The trip generation of the proposed. restaurant use assumes that the entire 8,850 square feet of new building would be devoted to a High-Turnover (Sit-Down) Restaurant use. In addition to the proposed Bertucci's restaurant, which would occupy about 4,500 square feet of the new building, a second restaurant would also be part of the project. At the present time, consideration is being given to a restaurant called Pannera Bread. Although the concept is slightly different, the proposed Pannera Bread format most closely resembles a High-Turnover (Sit-Down) Restaurant. While individual bakery products and take-out meals will be available for purchase, this restaurant —Particularly in relation to its peak hour traffic characteristics—will operate as a standard family-style restaurant. (In preparing this report, the consultant visited two Pannera Bread sites.) The ITE data for Land Use Code.#832,High-Turnover(Sit-Down) Restaurant, show that the trip generation per square foot is linear. Thus, to simplify the presentation, the restaurant square footages have been combined to represent a single use of 8,850 square feet. The results would be the same if each restaurant were calculated separately. While number of seats is sometimes used to project trip generation for restaurants, in this case, where both businesses may have some limited take-out service, square footage represents a more realistic basis for evaluating trip generation and has thus been used as the parameter for projecting traffic volumes. A consideration in developing trip generation data for a retail use such as a restaurant is the amount of traffic attracted from traffic already going past the site. This so-called pass-by traffic is a significant factor for retail uses on major arterial streets such as Route 132. -In fact, a principal reason for businesses locating on such roads is the volume of traffic already going past the site. Some businesses depend.almost entirely on attracting customers from the passing stream of traffic. Given the large number of competing opportunities in the immediate area represented by other restaurants, a pass-by fate of 25 percent has been assumed. This means that one out of every four customers did not pre-select this site as a destination. With the fairly high volumes on Route 132 and the large percentage of tourists during the peak season, this is Abend Associates 4- probably a conservative figure. On a peak summertime Saturday, the amount of pass-by traffic utilizing this site will probably be higher. Based on 8,850 square feet, the proposed new uses would generate 32 trips inbound and,30 trips outbound during the morning peak hour, 43 trips inbound and 29 trips outbound during the evening peak hour, and 84 trips inbound and 49 trips outbound during the Saturday peak hour which is assumed to occur during the lunch hour. On a daily basis, the volumes would be 428 inbound and 428 outbound trips. Another factor to consider in evaluating traffic is the directional distribution of this additional traffic, namely the number of vehicles turning right and left into and out of the site. Peak hour volumes.in this area, especially during the summer months, tends to be fairly evenly.divided between eastbound and westbound volumes on Route 132. This is particularly so for the!summer Saturday midday peak. However, given the relatively high volumes of traffic on Route 132 and the availability of competing opportunities on the north side of Route 132 (establishments offering similar family-style dining), it is projected that the directional distribution at this location would show 40 percent turning right into and left out of the site and 60 percent turning left into and right out of the site. The trip generation numbers are also summarized in Attachment 1 which provides the projected increase in trip generation of the site with the existing motel removed. During the morning peak hour, the proposed change in use will result in an increase of 27 trips inbound and 21 trips outbound during the morning peak hour, 32 trips inbound and 21 trips outbound during the evening peak hour, and 70 trips inbound and 67 trips outbound during the Saturday midday peak hour. (As noted earlier, the Saturday pass-by rate will probably be higher than the 25 percent used in this memorandum.) Attachment 2 shows the projected change in driveway volumes associated with the proposed changes. Abend Associates is Existing and Proaosed Access Design The proposed access design is substantially different from the current layout for the motel. At present, the motel has a two-way access located in about the middle of the Route 132 frontage. In addition, the motel also has access to the adjacent street, Pineneedle Lane, which is a dead-end street serving a few residences as well as the adjacent commercial retail/office building located immediately east of Pineneedle Lane which has two access points on Pineneedle Lane. At present, there is no delineation between Pineneedle Lane and the parkinglaccess for the motel and it is difficult to distinguish between the roadway and the motel property. The proposed access design provides a much more definitive and controlled pattern. The existing access from Route 132 would be redesigned,as a single inbound right-turn lane only. Outbound traffic of any type, left-turning or right-turning, would be prohibited, as would be left- turns from Route 132 into the site. At Pineneedle Lane, there would be a landscaped separation between that street and the restaurant parking for a distance of about 260 feet in from Route 132. At that point, there would be a two-way driveway allowing traffic to enter and exit the restaurant parking area. At the present time, there are two driveways serving the adjacent retail/office use across the street, one of which is located before the proposed driveway and one after it. The remainder of the property would also be separated by a landscaped area from Pineneedle Lane. Thus, all left-turning movements associated with the site as well as all right turns would be made from Pineneedle Lane which, in terms of its relationship with nearby driveways, particularly the access to the Stop and Shop access across the street, is the best that can be achieved. The proposed access design effectively eliminates inbound and outbound left-turns along the entire frontage of the site. Abend Associates r -6- Existine and Proiected Roadway Conditions The expansion of the Cape Cod Mall has resulted in a number of improvements in the area that are virtually brand new. However, additional improvements are expected at the intersection of Route 132/Independence Drive where, in the future, additional turning lanes, including a right- hand turning lane into Enterprise Road Extension and a dedicated eastbound left-hand. turning lane into Independence Drive are being planned. The four-lane cross-section in front of the subject site is expected to remain. The design in connection with the proposed additional lanes at the Route 132/Independence Drive intersection may require modifications on the approaches to the intersection and there is a possibility that this could result in the requirement that some of the site frontage must be taken for roadway purposes. To;accommodate this, it is recommended that the site plan include a ten foot strip along the entire Route.132-frontage to be dedicated for future roadway use. This would not change the site plan as currently proposed, which calls for a 45=foot wide landscaped area along the frontage, but would allow the town and/or the state to acquire any additional land needed for roadway improvements at no cost. At the intersection of Route 132 and Pineneedle Lane, the sight distances in both directions is excellent. In each direction, sight distance includes the nearest signalized intersections, to the- east at Independence Way and to the west at the Festival shopping center. Each of these intersections is 600 feet or more away from the Pineneedle Lane intersection which is controlled by a Stop sign. It is expected that the signals on either side of the site will result in gaps that will facilitate the movement of inbound and outbound left-turning traffic at this intersection, including the traffic associated with the residences and the adjacent commercial building. The increased traffic resulting from this will not noticeably affect operating conditions on Route 132, including the nearby signalized intersections. During the summer morning peak, these restaurants generate very little traffic. During the summer evening peak, they will add less than one percent of new traffic to the nearest traffic signals, and during the peak summer Saturday Abend Associates h .. . -/- midday peak, they will add about two percent to these intersections. None of these changes are expected to change the Level of Service at any location for any peak hour. Abend Associates -8- Summary and Conclusions Development of the site is expected to result in an increase in traffic volumes as shown in the trip generation analysis. The proposed uses are consistent with existing land uses along Route 132 in this area, which are almost exclusively retail uses, including several eating establishments. The proposed change in land use is not expected to have any material effect on traffic operations in the area and, in fact, a significant percentage of the generated traffic is expected to come from traffic that is already traveling past on Route 132 especially during the summer peak. The.use is not unique since there are several competing opportunities in the area. The small size of the proposed changes do not warrant any specific traffic improvements. The proposed change in access, which will eliminate inbound and outbound left-turns as well as right-turns directly out of the site, will be beneficial to'traffic operations on Route 132 by reducing the number of locations where such turns can occur: The only recommendation relative to the site is the dedication of a strip of land along the frontage to be provided at no cost for future roadway widenings that may be necessary in connection with currently anticipated improvements. Abend Associates Trip Generation Summary Proposed Use: Restaurants - 8,850 Square Feet ITE Land Use Code#832 -High-Turnover(Sit Down)Restaurants Current Use: Motel - 20 Units ITE Land Use Code #320-Motel Street Volume Street Volume Street Volume Existing Motel Proposed Restaurants Increase In Out In Out In Out Daily Traffic 92 92 428 428 336 336 AM Street Peak Hour 5 9 32 30 27 21 PM Street Peak Hour 9 8 43 29 32 21 Saturday Midday Peak Hour 1 14 17 84 49 70 67 Notes: 1. Trip generation,values represent both summer and off-season rates. 2. All calculations based on ITE Trip Generation Report, 6th Edition. ATTACHMENT 1 a- INCREASE IN DRIVEWAY VOLUMES RESULTING FROM PROPOSED CHANGE IN LAND USE ROUTE 132 2Z13314 y TO ROUTE 6 151231,(16 TO HYANNIS m SITE N W z Q J ` J 0 W W _ Z W f Z a 00/00/00 = AM PEAK / PM PEAK / SAT. MIDDAY PEAK ALL NUMBERS REPRESENT SUMMER CONDITIONS NOT TO SCALE FOR DATA PRESENTATION.ONLY Attachment PROJECTED HYANNIS STAR MOTEL SITE 2 PEAK HOUR INCREASES _ Abend Associates t PHii_3R00K F`17-. 1 ENGINEERING FIELD REPORTMORKSHEET Project No: j 1ENNIS. 026Wr Sheet No: �_of Z- 07 BEACH H 0:608 1.508JB5-8M2 ' i _r. { MEMO FOR RECORD: 9 July 1997 ! Subject: Motel Drive-under Canopy The Hyannis Star Motel I I ; Owner: Mark Thompson Project No: P97-57 i Location: Route 132 Hyannis, MA Reference: Walk thru Inspection dtd 18 Jan 95 w/ Owner Review Commentary w/ Recommendations : �Kd ---------'---------------------------------- •--------------- „cam AREAS REQUIRING IMMEDIATE REPAIR/IMPROVEMENT: (if not corrected these items will allow in-progress failure to continue) ww --------------------------------------------------------------------------- ,NN ia Drive-under Canopy - The current construction consists of older � 2"x 6" framing running inside a sandwich of roof sheath- ing and soffit panels. This is very saggy and has deflec- ed in both horizontal directions; between supports and along the supports . Over the years a supplemental frame has been mounted above the roof consisting of 3. ea 3"x 12" Z spanning beams. These beams have steel hangers run thru the 2"x 6" beam framing at 1/2 points and hold up the can- opy. Due to the excessive deflection of the roof frame and sheathing a large depression has formed. Overtime this has held alot or rain and snow. As leaks developed something had to be done. At the low point a 2" drain pipe was installed from the roof directly -thru the soffit and now gravity flow empties the depressed pocket. All the construction is old and in poor condition. The I 3"x 12" beams are weather worn and bending. The metal IIII hangers are heavily painted but some rust is starting to stain thru. The roof has several patches and the flat roofing stock has lost granules and resilency. The par- apet has sagged and is 'broken on the West side where it was struck and badly damaged. The soffit has separated from the framing in a number of places so that the metal hanger brackets provide most of the restraint. Ground support is via. 4 ea. 5" dia. steel pipe columns . They are in good condition, painted and impact free. The support beams above the floor have bearing pads located over these columns so there is a positive load path to the ground. e As noted the overall condition of the assembly is poor. After inspecting the construction there is no feasible way to patch or repair it. Total replacement will be required. Currently the structure is secure. Short of a total vehicle collision or hurricane storm event it will satis- factorily complete the current 1997 season. At that time iit either needs to be removed or replaced new. C(DPYP82-FRW-7 ' ; i • I PHILBROOK .51 ENGINEERING (FIELD REPORTMORKSHEET j Project No: i ' ✓~ ��''�� 1 1079EncMSTAE� I Sheet No: 2 of MA 3,.._ 02608 i DENNIS.DEEMS.-8 02 MEMO FOR RECORD: 9 July 1997 I Subject: Motel Drive-under Canopy The Hyannis Star Motel In the meantime the following items need to be undertaken. The roof drain needs to be visually inspected before and if necessary during rainstorms to insure it is free run- ning. 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