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HomeMy WebLinkAbout0491 IYANNOUGH ROAD/RTE 28 (2) �lVR�► ter' / q �THE The Town of Barnstable BAMSTABM MASS. g Department of Health Safety and Environmental Services 039. A�� g Buildin Division FD Mot 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 29, 1998 I Mr.&Mrs.James Roberts PO Box 27 Accord, MA 02018 Re: SPR-070-98 Nantucket Sound,l 'Iyannough Road (Rt 28) HY (311/028& 030.002) Proposal: Applicant proposes to construct a 24X24 2-story addition to existing structure to provide enclosed vehicle servicing bay, shipping/receiving area and storage room; and renovate all facades of existing structure. Dear Mr. &Mrs.James Roberts, The above referenced proposal was reviewed at the Site Plan Review Meeting of September 24, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals with the following conditions: • No floor drains perrmitted. • Applicant must seek Mass Highway approval for work planed within their jurisdiction.. • Applicant to seek relief from Zoning Board of Appeals. Please be informed that a Building Permit is necessary prior to any construction. Upon completion of all work, a letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinance must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Respectfully, Ralph Crossen Building Commissioner I TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY--BLDG.PMT#51300 PARCEL ID 000 000 204 GEOBASE ID ADDRESS 491 IYANNOUGH RD/RTE28 PHONE HYANNIS 'SIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT PERMIT 60220 DESCRIPTION CERTIFICATE 0,F-bCCUPANCY---BLDG.PMT#51300 PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 O�THE CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P ,(#,I)E ; * BARNSPABLE. • .� MASS. i6g9. A�O� Ep Mlr►��, BUILDING'DIVISION BY DATE ISSUED 04/05/2002 EXPIRATION DATE ITYANk3 f LET 10T S.I''JE. DBA �.: DEVELOPMENT :[?1 '.RIC`0 PERMIT 51300 DESCRIPTION .RELOCATE EMP.BATH/ Nll!!ROOM/ST. REO ROOM Pgalff n2i'PE BREMODC TITLE C'O"IMCI:.AL ALT/CONV CONTRACTORS,. : MOI�GAN,' GERJ^LD �<: Department of Health, Safety ` ITEC andnvironme>ntal Services WEAL FEES, $122.00 BOND• 0 Ox CONSTRUCTION COSTS $26;00-0."00 43.7 N0.NRE8.r NOtJi- SKP ADD/CONV I : PRIVA`T'E + HARNSTABLE, MASS. 039. ` BUILDIN?�=IVIONS-- uAT ISSUED 01/'26/2001. EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR,ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN' CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES-NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE-SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED' FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE,:SEPARATE'* 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS, ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN,MADE: 4.FINAL INSPECTION BEFORE OCCUPANCY: 1 i BUILDING INSPECTION APPROVALS PLUMOING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS rAV 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH 1 OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL.BECOME NULL AND VOID IF CON : INSPECTIONS.INDICATED ON THIS,' THE INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED.WITHIN SIX,. CARD,CAN BE.ARRANGED FOR BY`' >' VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. -- =-NOTED-ABOVE -- -•- - TION: is E L 4 t TOWN. OF BARNSI BUILDING PERMIT PARCEL I.D.000 000 204 GEOBASE ID ADDRESS 491 IYANNOUGH RD/RTE28 PHONE -- HYANNIS � ZIP - LOT BLOCK LOT-SIZE DBA DEVELOPMENT DISTRICT PERMIT 51300 DESCRIPTION RELOCATE EMP-BATH/SNDROOM/STEREO ROOM PERMIT TYPE BREMODC TITLE COMMERCIAL ALT/CONV CONTRACTORS: MORGAN, GERALD F. Department of Health, Safety ; ARCHITECTS: and Environmental Services TOTAL FEES: $122.00 BOND $.00 O�THE .CONSTRUCTION COSTS $20,000.00 I: ( 437 NONRES../NONHSKP ADD/CONY 1 PRIVATE P © • " 1MASa. 1� f BUILDI wM ��_ , BY DATE ISSUED 01/26/2001 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT.SPECIFICALLY PERI!.AITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADE:AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES IJOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MlShcr tv;'UM OF FOUR CALL INSPEC-i iONS REQUIRED r 1 FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND 1.FOUNDATIONS OR FOOTINGS THIS CARD'kEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE REQUIRED FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. • F BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 A 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 ' BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THISy THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED F,0R,-3Y' VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS _TELEPHO_NE_ OR WR!17EN^.bTIFICA- _TION'_ _ ._ -�_ -_ _ _NOTED:ABOVE. „, ,_ _ ._ _ _. _. ��- TION. f�e� Y o9 M SY NQ YOU WISH TO OPEN A BUSINESS? Eo Information: Business Certificates cost $30.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NA Y ich you must do by M.G.L. - it does not give you permission to operate.) Business Certificates are available at the NAME ffice, 1St FL., 367 Main Street, Hyannis MA 0260 n 1 (Town Ha I) and 200 Main Street Offices at the Licensing counter. fW DATE: 7 s , 5 a 0 C� Fill in please: IfS,{ Je APPLICANT'S YOUR NAME: BUSINESS I' J, YOUR OME ADDRESS. tLi�F vi�5n c C 2 �s �,/ � � � TELEPHONE # Home Telephone Number: /91 - 7yc _ VH E OF NEW BUSINESS �� HIS A HOME.00CUPATION? YES NO TYPE OF BUSINESS e you been given approval from the building division? YES NO RESS OF BUSINESS MAP/PARCEL NUMBER ��� Dom When starting a new business there are several things you must do in order to be in compliance with theD � he Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST r GO TO 200uMain nSt f t(corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S 9010E This individual has been ed of an p rmit requirements that pertain to this type of business. A orized Signature** COMMENTS: 2. BOARD OF HEALTH This individual has b n informed of the permit re i�ments�thatpertain to this type of business. uth0rized Signature** COMMENTS: 3. CONSUMER AFFAIRS LICE"l NG AUTHORI Y) This individual h -inform ed o the lice ai g ' ements that pertain to t '• p his type of Yp business. uthoriz d Signature** COMMENTS: f OF� BAIUMABLr. MAM i67y. �0$ D MA�6 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1999-43-Roberts 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: Granted with Conditions Petitioners: R.James and Eleanor E. Roberts Property Address: 7 491 lyannough Road(Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District y Background: The applicants had applied for the same zoning relief in Appeal Nos. 1998-121 and 1998-122. Due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. At the last hearing, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances(Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They have submitted a letter from the Town Manager which authorizes the increase in height of the existing structure in accordance with Section 7 of Article IX. The property consists of 2 parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store(Nantucket Sound). The applicants are proposing to construct a 24'x 24'two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. The property is located within an HB Highway Business Zoning District. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District and is therefore nonconforming. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the zoning Board of Appeals. Requested Relief: The applicants are seeking the following zoning relief: Appeal No. 1999-43 -Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB Highway Business Zoning District, in accordance with Section 5-3.3 Special Permit Provisions. According to Section 4-4.5 Nonconforming Use, "A pre-existing nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 02, 1999. A public hearing before the Zoning Board of Appeals was duly advertised and notices y Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 7, 1999, at which time the Board granted the requested Special Permit with conditions. Hearing Summary: Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr. Roberts requested and the Board agreed to have Appeal No. 1999-43 and Appeal No. 1999-44 heard together. Mr. Roberts reported that he, and his wife Eleanor, own the business known as Nantucket Sound. He reminded the Board that they had applied for the same zoning relief last year in Appeal Number 1998-121 and Appeal Number 1998-122. They had been before the Board on three separate occasions but due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. Previously, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They now have a letter from the Town Manager authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. As to the site itself, the proposal was before Site Plan Review and received approval on September 29, 1998. One of the conditions of the approval was that one curb cut be eliminated and Mr. Roberts said he has applied to the Mass. Highway for permission to do the work. The lot is currently 97.6% impervious and will be reduced to 90% impervious with the additions of plantings and the removal of hardtop. Also, in the front of the building there will be a handicapped ramp making the store wheelchair accessible. There is a letter in the file from Morton Sigel, Tekscan, Inc.,who owns the building adjacent to the Nantucket Sound building. The letter states, "1 have no objection to the construction taking place." The plans that are before the Board tonight are exactly the same plans that were reviewed in detail when the Board heard Appeal Numbers 1998-121 and 1998-122. The Board Members were given all the information from those hearings and had no further questions. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of April 7, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-43: 1. The Petitioners, R. James and Eleanor E. Roberts, are seeking a Special Permit pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB District. 2. The property address is 491 lyannough Road (Route 28), Hyannis, MA,just off the Airport Rotary, as shown on Assessor's Map 311, Parcels 028 and 030.002. The site is improved with a 2,474 sq. ft. retail auto stereo store known as Nantucket Sound. 3. The applicants are proposing to construct a 24'x 24' two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area or the work is done at a location down the street and the applicant must pay rent for the use of that building. This is a hardship to the applicant. 4. The property is located within an HB Highway Business Zoning District. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. 5. According to assessor's records, the existing building was built around 1960. From 1956 to 1983 the property was within a B District which allowed retail store/shops. In November of 1983, the property was rezoned to an HS District. Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. 2 f s Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 6. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100'front, 30'side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 41/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. 7. The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6%to 90.6%. The reduction in impervious coverage and the addition of landscaping will improve the existing conditions on this site. 8. The applicant intends to re-stripe the parking area and add landscaped islands with trees, as shown on the approved site plan. Some areas that are presently paved but not appropriate for parking will be striped as no parking areas. The new layout provides for better and safer traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. 9. This use does not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 10. The proposal received Site Plan Review Approval on September 24, 1998. 11. The applicant has a letter, dated March 09, 1999, from James D. Tinsley, Town Manager, authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. 12. 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. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject to the following terms and conditions: 1. The property shall be developed in'accordance with the approved site plan titled "Site Plan of Land at #491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The use of the property is limited to a retail store for the sale of home and office electrical equipment, (radios, televisions, stereos and other small electronics) inclusive of installation of auto stereo equipment. 3. There shall be no floor drains in the new addition. 4. The applicants must seek Mass. Highway approval for all work planned within their jurisdiction. 5. All requirements of the Health Division, Building Division and Hyannis Fire Department must be met. Discussion: There was a discussion regarding the parking to the rear of the site. The applicant has an easement for those spaces. There is enough parking on site without counting those spaces. It was recommended those four spaces in the rear be used for employee parking only. The Vote was as follows: AYE: Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1999-43 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twgnty (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. 3 r n . e Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider; Clerk of the Town of Barnstable, Barnstable County, Massachusetts, Thereby 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 of under the pains and penalties of perjury. I Linda Hutchenrider, Town Clerk 4 Y owl TOWN OF BARNSTABLE BAR-W A082 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager ,--V,, V /V 0 C c' S E 0 ins '111' Address of Offender V / V AAI A16 0 9 fY e MV/MB Reg.# Village/State/Zip T Business Name em/pm, on /a 20 4-T Business Address /�/�1/" •�a '-/,/ Signature .of Enforcing Officer Village/State/Zip Location of Offense L l / jr'/1 A, J� y {r, l? ,V /V y „rry/�. �> � /.;Ifry Enforcing Dept/Division Offense - ' Facts #4^1 This will serve only as a warning. At this time no legal action has been taken. ;/, It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are , attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. I WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. Mattos, David From: Lomba, Lois Sent: Friday, May 21, 2004 10:08 AM To: Mattos, David Subject: Re: Nantucket Sound Hello David - Tom Geiler has dismissed violation #66967 for Nantucket Sound. . Would you kindly turn in your pink copy to me. Thanks, Lois - 1 . t _ NAMEOFOFFENDERt.?t{ a k ` f ' I ADDRESSOFOFFENDER: TOWN or BARNSTABLE n STAT E ZIPCODE'��" ><I t:- y. j y .l' '1 r� r +-) , c' - pf . J� k { „ une--rneri OFFENSE L y �.. , f r Lu . f ,cyq,• `0g + iJ'��. St rb�d .. / I✓:� >I rc �q it e .r CDM y rf0 Py• O II,`. �� F '!.. I r G d p J T ;R,r✓�;��'` .'�' 7,t N Wtod'.+r,!� } ;��' /0,; 3rI � uj ? c TIMEAND,'DATEOFVIOLATION fENFORbN&DEPT. 00AT[OMOfVIOLAT,ION' I' 1• r. 4 11.. l jl W. NOTICEOF / / P;.M)ON. f ' SIGNATU• F ENFO NG PERSON t; } i; iy' ADGE NO P w .f \ z .i ' � I - Lug r r �I� r OF TOWN 4 I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ' + ` t+' a w rr ORDINANCE °Unable tq obtain gignattire of offender :+� r I P ' s;, �" d ` -T4 NONCRIMINAL FINE FOR THIS OFFENSE ISM S�0(1 dOt Datemalled, .d i}.� I it Iri; I} ,:(7 lr. t,r r I F `r'.,. r - w ui OR r 'YOU HAVE THE FOLLOWING ALTERNATIVES WITH'REOARD TO DISPOSITION DF,•THIS MATTER EITHEH OPTION(1)OR OPTION(2)WILL,OPERATE AS A FINAL, a DISPOSITION WITHM RESULTING CRIMINAL'IRECORD.:, '4 v[ N �. REGI RATION . f o� (1)You:may elect,to pay the above fine,.either by appearing,,in peison,between 8 30 A M..and 4 00'P M Monday throughtFnday?legal holidayys excepted •`,`w, a;. before:16 Barn"stable'Clerk;,230 South Street'Hyannis,*402601 or by,mailing a check;money order or postal note to BarristablelClerk P+O:'Box 2d30' • +'J' Hyannis,`IdA'02601;;WITHIN'TWENTY-ONE(21);DAYS,bQT—HE DATE OF-THIS-NOTICE:='- v t f ; 2'If''du desueao,'con(est this matter m a nonc�iminal roceedln ou a":db so: '.makln wrltfen re uest`to7DISTRICT C.O,UR7 DEPARTMENT;FIRST I, : 1 1- Y f1 9 Y 'rn y y i Q w �� Tr BARNSTp. COURT COMPOUND MAIN STREE7;iBAR STABLE MAy02630 Atin:21D Noncrlminal Hearing`s and enclose a copy of�hrs cdabonforaheanrig.,` ;, lI y u , _ y "r �' ;t ��Ev f t•. (3)•If you±lall to pay the above ol(ense�or,to,request a heanng wltt In 21 days;or.if you`fail to.appear'fbi fie heanilg or ' pay any;hne determined at he hearing. to be due,cnminal tom lamt rim be issue tl'against you.",.r i{ w.,. ,` ❑),HEREBY ELECT the first option above confess.to the offense chargedi and enclose payment m th�amount of$ t' y r: � r H; Signaturei YOU WISH TO OPEN A BUSINESS? - For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st A., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. DATE: Fill in please: ' APPLICANT'S YOUR NAME/S: Jl R (�1J'4A • M AT FfCy✓ BUSINESS YOUR HOME ADDRESS: 6w g IS9- � TELEPHONE # Home Telephone Number 509— — t EIN OR #: E_MAIL: .SMA-r4Ev�/, DSBS �G rn f1sL • Go NAME OF CORPORATION: �-• NAME OF NEW BUSINESS TYPE OK BUSINESS IS THIS A HOME OCCUPATION? YES V NO pz6o� ADDRESS OF BUSINESS.4• I SYR r✓n/D L(4, RDA ftY RNN iM� MAP/PARCEL NUMBER OD (Assessing] When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING CO MISSION 'S OFFIC ' V This indivi ual ha n ' 1-o med f ny erm re irements that pertain to this type of business. \ n� Aut 'zed S' n ture _ . JGM MELTS — A Lea "L'Ij� () 0 -- -T 2. BOAR F HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. 'LICENSING AUTHORITY.... This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 311 028 GEOBASE ID 23021 ADDRESS_..._ .491. .IYANNOUGH ROAD/RTE28 .- ... . .. HYANNIS ZIP - LOT 1 & UNN - BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY I PERMIT 63904 DESCRIPTION NANTUCKET SOUND/24 SQ PERMIT TYPE BSIGN. TITLE SIGN PERMIT CONTRACTORS: Department of ARCHITECTS: Regulatory,Services TOTAL FEES: $25.00 BOND $_00 O� CONSTRUCTION COSTS $.00 753 MISC_ NOT CODED ELSEWHERE wtxsrnBIA MAS& 1639. 1 Fp�Cl A I I BU DI YG DIVISI B DATE ISSUED 09/23/2002 EXPIRATION DATE I <i Town of Barnstable Regulatory Services Thomas F.Geller,Director RUMSruE. ]Building Division i619 ^� 60►�A / '� d+f®e, Building Commissioner 1-00 Main Street, Hyannis,MA 02601 Office: 508-862-1038 Fax: 508-790-6230 Tax Collector Treasurer Application for Sign Permit ApplicantlzA s tea NX-�� K� 1zZ S Assessors No. Doing Business As: ��1N'�C?�-'�'�' - -Telephone Nc�.rSO�S��7/ 3 Sign Location Street/Road: O G�P Zoning District: '��. Old Kings Highway? Yes/� saris Historic District? Y'es/T Property Owner L L Name; �1� S r T a C 2cz b zs Telephone: Address: ` ` T-t tat.)c'5t.-�B Village:. Sign Contractgr i rV Name: ? `-V xCi0 Telephone: Addxess:(rr�j O L .NL ya.tN S4S �C; -(IA —village:- Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sigp to be electrified? Yes/No (Note:If yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of OwnerlAuthori2ed Agent! ' Date: M. Size: f`k = --Permit Fee. ✓� d-� Sign permit was approved: '11� Disapproved: Signature of Building Offtci Date: '/�7'e7,;Z SignT.doc �ev.122$01 i0'd OL906290SI 0i .oul ­c.D of iS -4ncLuFild Wo d 92:�10 E05T-9L-d9S Z 6 J � 0 m � ~ M ry m m I- OD 4 0 I NANT ,.�. CKET OUND u LL 0 lL - r� 83 OLD MAIN ST_ S. YARMOZ.IT1 #. MA. 02664 ��.' csos> 3�-2�2� csos> Leo-3123o Fax pj$WUWWh Big3M IGO e-maul; plysigncomftapeeod.net n F CI�STDMER -- Pmmff No. w - -- - -- - --— P.Ql ISME rn REVMK)N& :1 _ BARNEMABLL _ MAR& � s679• o • '99 .36 Town of Barnstable Zoning Board of Appeals THIS DOCUMENT HAS Decision and Notice NOT BEEN RECORDED Appeal Number 1999-44-Roberts FILE COPY ONLY! Variance to Section 3-3.6(5) Bulk Regulation Summary: Granted with Conditions Petitioners: R.James and Eleanor E. Roberts Property Address: 491 lyannough Road(Route 28), Hyannis Assessors Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The applicants had applied for the same zoning relief in Appeal Nos. 1998-121 and 1998-122. Due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. At the last hearing, concerns were raised about the flight path.of the Airport and the glide path permitting process,.particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article I.X. They have submitted a letter from the Town Manager which authorizes the increase in height of1the existing structure in accordance with Section 7 of Article IX. The property consists of Z parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store (Nantucket Sound). The applicants are proposing to construct a 24' x 24' two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100'front, 30' side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20' front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. Requested Relief: - The applicants are seeking the following zoning relief: Appeal No. 1999-44-Variance to Section 3-3.6(5) Bulk Regulations, to allow a two-story addition to encroach an additional foot into the required rear yard setback. f c Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-44-Roberts Variance to Section 3-3.6(5)Bulk Regulations Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on I March 02, 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 April 7, 1999, at which time the Board granted the requested Variance with conditions. Hearing Summary: Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr. Roberts requested and the Board agreed to have Appeal No. 1999-43 and Appeal No. 1999-44 heard together. Mr. Roberts reported that he, and his wife Eleanor, own the business known as Nantucket Sound. He reminded the Board that they had applied for the same zoning relief last year in Appeal Number 1998-121 and Appeal Number 1998-122. They had been before the Board on three separate occasions but due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. Previously, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances(Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They now have a letter from the Town Manager authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. As to the site itself, the proposal was before Site Plan Review and received approval on September 29, 1998. One of the conditions of the approval was that one curb cut be eliminated and Mr. Roberts said he has applied to the Mass.Highway for permission to do the work. The lot is currently 97.6% impervious and will be reduced to 90% impervious with the additions of plantings and the removal of hardtop. Also, in the front of the building there will be a handicapped ramp making the store wheelchair accessible. There is a letter in the file from Morton Sigel, Tekscan, Inc., who owns the building adjacent to the Nantucket Sound building. The letter states, "I have no objection to the construction taking place." The plans that are before the Board tonight are exactly the same plans that were reviewed in detail when the Board heard Appeal Numbers 1998-121 and 1998-122. The Board Members were given all the information from those hearings and had no further questions. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of April 7, 1999,the Board unanimously found the following findings of fact as related to Appeal No. 1999-44: 1. The Petitioners, R. James and Eleanor E. Roberts, are seeking a Variance to Section 3-3.6(5) Bulk Regulations. 2. The property address is 491 lyannough Road (Route 28), Hyannis, MA,just off the Airport Rotary, as shown on Assessor's Map 311, Parcels 028 and 030.002. .The site is improved with a 2,474 sq. ft. retail auto stereo store known as Nantucket Sound. 3. The applicants are proposing to construct a 24' x 24'two story-addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area or the work is done at a location down the street and the applicant must pay rent for the use of that building. This is a unique conditions exist that affects the locus but not the zoning district in which it is located and is a hardship to the applicant. 4. The property is located within an HB Highway Business Zoning District. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB 2 4: Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-44-Roberts Variance to Section 3-3.6(5)Bulk Regulations Zoning District.. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. 5. According to assessor's records, the existing building was built around 1960. From 1956 to 1983 the ` property was within a B District which allowed retail store/shops. In November of 1983, the property was rezoned to an HB District. Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. 6. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100' front, 30' side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. 7. The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6%to 90.6%. The reduction in impervious coverage and the addition of landscaping will improve the existing conditions on this site. 8. The applicant intends to re-stripe the parking area and add landscaped islands with trees, as shown on the approved site plan. Some areas that are presently paved but not appropriate for parking will be striped as no.parking areas. The new layout provides for better and safer traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. 9. This use does not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 10. The proposal received Site Plan Review Approval on September 24, 1998. 11. The applicant has a letter, dated March 09, 1999, from James D. Tinsley, Town Manager, authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. 12. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject to the following terms and conditions: 1. The proposed addition shall be located no closer than 3 1/2 feet to the rear property line and shall be developed in accordance with the approved site plan titled "Site Plan of Land at#491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The building.shall not be expanded in total gross floor area or footprint beyond that permitted by this Variance without further relief from the Zoning Board of Appeals. The Vote was as follows: AYE: Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn NAY: None Order: Variance Number 1999-44 has been Granted with Conditions. 3 I � J Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-44-Roberts Variance to Section 3-3.6(5)Bulk Regulations This decision must.be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. i - 401 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 6LI d of t under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 Planning Labels 16-Mar-99 RefNo mappar owneriL owner2 addr city state zip 43+44 310 119 V S `i REALTY INC 777 DEDHAM ST V0742 CANTON MA 02021 ✓ 0 311 025 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601✓ #1 311 026 PHILOPOULOS, JOHN TRS C/O J & P HYANNIS 200 STUART ST BOSTON MA 02116 ✓ + 311 027 DENNIS F THOMAS POST 467 ROUTE 28 HYANNIS MA 02601 ✓ 311 028 ROBH'RTS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 f 311 029 BTIRc:E, JOHN D %RJR DEVELOPMENT LLC 56 DAVIS STRAITS FALMOUTH MA 02540✓ 4$ 311 030 001 KALAT, N W & SIGEL, M H TRS %ROTARY REALTY TRUST P 0 BOX 243 LEICESTER MA 01524 ✓ .0.311 030 002 ROBERTS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 ✓ 0311 032 F:(N;ELSTEIN, RUTH 160 MAYFLOWER TERR S YARMOUTH MA 02664 ✓ 6t311 033 A T •3ERMAN CO INC 1159 MAIN ST BROCKTON MA 02404 ✓ 311 035 001 MOORE, STANLEY W PO BOX 296 OSTERVILLE MA 0265 t311 035 002 MOOT,,!!-,, STANLEY W STANLEY PL HYANNIS MA 02601 ti 311 036 JONE3, DAVID T & SHEILA M 4 BLACKBERRY LANE HYANNIS MA 02601✓ 311 081 CAP_? COD MITCHELL'S INC C/O MITCHELLS STEAK HSE 451 IYANOUGH RD HYANNIS MA 02601 ✓ f 311 082 M'_'fc3ELL, JOHN MITCHELLS STEAK HOUSE 451 IYANOUGH RD HYANNIS MA 02601 328 070 PHILOPOULOS, JOHN TRS & VINIOS, NICHOLAS, TRS 200 STUART ST BOSTON MA 02116 ✓ 329 003 i, j rj r! 0 ' 1 Proof QLIEublicafi ..s a n ""S C ".--`-' y-���•r•-Key z �-.F� •�-7 v"gKr�, r .d-_ d s. Y �M�S.�.c��'.t ri �Yf 5'F..�D �� S S•_'��. +r taw� A f.��' -� _ o �.�iOa - w"'n°Y'4tl1 _ v �rv2rV�, rPk a S66 �� �asas+�w tBISFH O�to® ��f�C�AF �`�.•��`*� `* �'_ +X' ..P_-;-tom` x �" 5�® s Pelt el _ w J!! fdUft�frA'asi3�9,��8,�C8k pesn Et`f e . Rasrtl App" MAN*, to to cons o a 24�x z�4`two v 5-0 iI��Tv��� <• � y$eQ(��ts�t�gandor`x rnue! 1. PPy.�Sy..9tz,�y4,;.rn�,;�,,,.a.s�se- 9 T _ •.•v. •iG ATI etas�2 _ 48�R t ac@has`peSdCn�d,to t♦se�nk+g c*f+w�:. 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The'f8tflstalt p v7ta3 r s 14f n 1:_ e Ma aic _- Town of Barnstable Planning Department Staff Report Roberts Appeal Number 1999-43-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 1999-44-Variance to Section 3-3.6(5) Bulk Regulations Date: March 23, 1999 To: Zonin peals G From: Approved By: Ro ert chernig, Director �� Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Petitioners: R.James and Eleanor E.Roberts Property Address: 491 lyannough Road(Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District. Filed:March 02, 1999 Public Hearing:April 7,1999 Decision Due:June 10, 1999. Background: eAs'the Board wilLrecall, the applicants had applied for-tFie same zoning relief:in Appeal Nos. 1:998-121 and A998-122 ;.Due to unresolved issues,regarding the airport„they.:requested,.and::the,Board granted a Withdrawal Without.Prejudice. The property lies very close.to a runway protection zone of the Airport. At the-last hearing,:t concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They have submitted a letter from the Town Manager which authorizes the increase in height of the existing structure in accordance with Section 7 of Article IX(see attached copy). The property consists of 2 parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store (Nantucket Sound). The applicants are proposing to construct a 24'x 24'two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. The property is located within an HB Highway Business Zoning District. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. According to assessor's records, the existing building was built around 1960. From 1956 to 1983 the property was within a B District which allowed retail store/shops. In November of 1983, the property was rezoned to an HB District(ATM 11/7/83, Art. B-1(d)). Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores.became a conditional use allowed by Special Permit. R 2 Planning Department-Staff Report-Roberts 1 Appeal No.1999-43-Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Appeal No.1999-44-Variance to Section 3-3.6(5) The existing building is also nonconforming with regard to setback requirements. There is a minimum 100' front, 30' side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. Requested Relief: The applicant is seeking the following zoning relief to permit the proposed addition: Appeal No. 1999-43-Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB Highway Business Zoning District, in accordance with Section 5-3.3 Special Permit Provisions. According to Section 4- 4.5 Nonconforming Use, "A pre-existing nonconforming use maybe changed to a conditional use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. Appeal No. 1999-44-Variance to Section 3-3.6(5) Bulk Regulations, to allow a two-story addition to encroach an additional foot intothe required rear yard setback. Staff Review/Comments: The proposed addition is for car stereo installation, shipping/receiving and storage only. No additional retail space is proposed,.so little, if any, additional traffic is expected to be generated by this proposal. Several improvements-to this site are being proposed.with this addition.: The current-parking And traffic circulation pattern is confusing and does not meet the requirements of Section 4 7 7 with regard to stalk-., dimensions:and aisle widths: The_applicant intends tore=stripe the.parking area and=add landscaped islands r . with reel, asshown on.the approved-site plan. ,Son e'areasthat'are presently:payed.but not appropriate for,:, parking will be-striped as no parking areas. The new layout-provides for better and safer-traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. The property is located within a GP Groundwater Protection Overlay District. No more than 50% of the total upland area of the lot can be made impervious, if all recharge is disposed of on-site. Also, a minimum of 30% of the lot must be retained in its natural state. The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6%to 90.6%. The reduction in impervious coverage and the addition of landscaping will improve the existing conditions on this site. The building is in need of some repair. The applicant is proposing to upgrade the facade of the building and has submitted elevations for the Board's review. 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." 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)): 2 I� Planning Department-Staff Report-Roberts Appeal No. 1999-43-Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Appeal No. 1999-44-Variance to Section 3-3.6(5) • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (retail stores in a Highway Business Zoning District are a Conditional Use allowed by a Special Permit Pursuant to Section 3-3.6(3)(A) of the Zoning Ordinance), • that a site plan has been reviewed and found approvable in accordance with Section 4-7 (The site plan was found approvable on September 24, 1998 by Site Plan Review Committee-Site Plan Review No. 070-98), 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 Special Permit for a Conditional Use, 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 at#491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The use of the property is limited to a retail store for the sale of home and office electrical equipment, (radios, televisions, stereos and other small electronics) inclusive of installation of auto stereo equipment. 3. There shall be no floor drains in the new addition. 4. , The applicants must,seek Mass. Highway approval for all-work planned within their jurisdiction. : 5 'All.requirements'of the Health`Division, Building:DiVision and Hyannis Fire Department-must be met: .Variance Findings_: ', In consideration or.the Variance,:the petitioner must substantiate those condifionsuniqueto this property that ,w x ;:justify the granting of the relief�being'sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, . • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board finds to grant the Variance request, it may wish to consider the following conditions: 1. The proposed addition shall be located no closer than 3 1/2 feet to the rear property line and shall be developed in accordance with the approved site plan titled"Site Plan of Land at#491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September23, 1998). 2... The building shall not be expanded in total gross floor area or footprint beyond that permitted by this Variance without further relief from the Zoning Board of Appeals. Attachments: Applications Copies: Applicants/Petitioners Assessor Map/Cards Site Plan Elevations&Floor Plan Site Plan Approval Letter w/attachments - ZBA Meeting Minutes Article IX of General Ordinances March 9, 1999 Letter from Town Manager 3 rri,.,r, r,r,,..�.nnt��g2`IiA! THE ZONING "....- BEEN DETMT. CEMEN TO_. WN AlpO BARN.�sr.� L OA. F. Of Appeal: F�^rF`-PRIATE RELILr 4 D A _ m �.` ecial e�rdi�' Da Receive " -99 MAR -2 P 2 :54 ,gppealf#ce are onl w MUM ABLE - ' _ AppEALS Bearing Dates 9 Decision Due The undersigned hereby applies to the Zoning Hoard of Appeals for a Specta.1 permit, is the manner and for the reasons hereinafter set forth: �. Applicant game: 111'. and Mr ymda I�db .r-�S Phone��I�l��'I�9 Applicant Address: Q. Ar nod U Q , n n•t _OD�7 Property Location: Property owners A n rn 19 , Phone Address of owner: S� v►nQ_ G'� &6n de- Zt .ppl,leaat dLstrs try ora.r, .eae. n.eos. e! 3aer..c. lkmfibvW'r Ztac. Assessor•s dap/Parcel- Number: :30 - zoning District: 14 A Rusme-s-s Groundwater overlap District: P ' 30 special Permit Requested: - to sect'on t T.1 e o e aonzng QxrUnance Description of Activity/Reason for Request: P r i' nn CAM0.0%7ft" , _ mix u_nn n ,-3 a e �of [' yB �p r S WQ.�I r,' �rnGY�mul/Y► ivr►r>pr�n.►, Description of pnsttnction~Activity (if applicable) .- ail a�ir r .nU �r� �� y►rlc �� r��, a�d s rcc��a r041 m . proposed Gross Moor Area to be Added: 57� F X a Altered: �o Existing Level of. Develapment .of the property- Ktunber of Buildings: . pr�sea� �sefsy : m .. — :• Area.;_ - - - = - - - _ __....._ ...... _...... Application for a special permit is the property located in. an Historic District? Yes [] No ze yes a= Use y: Plan Review Number ' Date Approved ' Zs the building a designated Historic Landmark? yes a! Yes Historic Preservation Department Use only: Date Approved save you applied for a building permit? ses El No 9A Has the Building =nspector refused a pesmit7 ?es [r no All applications for a special Permit require an approved site Plan. That process must be successfully completed prior to submitting this applieatioa to the Zoning Board of Lppeals. rcw Hnildinq Department Use only Not Required - single rami]. [I Site Plan Review Number Date Approved - Sigaatas+a: The,, ollowing afosmation,mn9t_b� ;stitted with thi, applieatoa .at time .of filing, failure .to sopply this mug. result i a deo�:al i =your, _. quest:- - Three (3) copies of the eomopleted application foss, each with original signatures. Five (5) .copies -of a certified property survey (plot plea► showing the dimensions of the land, all Wetlands, rater bodies and surrouadiag roadways and the location of the existing i----ements .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, !or detailed requirements. The applicant may submit any additi=al supporting documents to assist the Board in making its determination. signature: Date Applicant's or Agents signatUre ji ent•s Address: .0 Phone Cq 3,�1 9 ._ Fax No. THE ZONING RELIEF BEING SOUGHT.HAQ- � TOWN OF BARNSTABLB BEEN DETERMINED BY THE ZONI G- u ANFORCEMENT OFFICER TO ry Zoning Board-„of Appeals BE APPROPRIATE RELIEF G IESE ® {Application tA( ;' ` ' a VaF NTANCEP, Z T r qdi-5: Uta + E?.4� 1 ?. i:. D e Mceived For office Ose only: Cle �53 Appeal # Iq WN OF n AgQ -� Hearing Date Decision Due - to q S The undersigned hereby applies to the Zoning Board of Appeals for a Vaiiance. from the Zoning ordinance, in the manner and for the--reasons hereinafter set forth: Petitioner Name: r d,�0 r-'r &+S, Phone Petitioner Address: 12.0,AD (jalj/Q Property Location: Property owner: am-a et , Phone Address of Owner: Agme Q a I hove- If petitioner differs from owner, state nature of Interest: Number .of Years owned: J: Assessors s.Map/Pa=ce1 Number: $'Q1, 0-.a Zoning Districts &Aiviz M T • Grouadwater ,overl ay- District F Y. : . . Variance- Requested1� � ?' Cite sections itle of the Zoning. ordinance , Description of Variance Requested: Pr-noo G� ,"fi nn u , I t` *1'1G fin. U 1YYlnyrViJ1 S ink" L'-aVB y hiG�n '�s nrP�o�,'�"�v non on�'orrninc, . Description of the Reason and/cr Need for the variance: Discription of construction Activity, (if applicable)': �^I .;-„ Co n4ru rX a A4 (a►+ -�" , +O rvaid iI an exl s-�i-�r►Tt, s�"ru��core N� lo^ . n,rQvid2 ercse�f ✓ � i �• S��r ' 1 . - �, Existing Level of Development of the Property - Number of Buildinas: Pteaen� iiseI I : Y?_AQ. U �:1 'sue , Gross Floor. Area: 57(65F X AFloors Proposed Gross Floor Area to be Added: = //-'Q 5 F , Altered: Is this property subject to any other relief (variance or special Permit) from the Zoning Board of Appeals? Yes No [� -If Yes, please list appeal numbers or applicant's name �` Application to Petition for a Variance- is property within a Historic District? Yes [] No Is th P P Y _ . Is the property a Designated Landmark? Yes C1 No ror Historic Department use only: Not Applicable [] OEM Plan Review Number Date Approved signature: Have you applied for- a -building permit? Yes [] No Has the Building inspector refused a permit? Yes [] No 4y� All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved site Plan (see section 4 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of. Appeals, For-Buildina Delpartment Use Only: Not Required .................. site Plan Review Number SIP_-b7d-`7g Date Approved: 9/9 signature. They tollowiaga infoirmatloa: must be submitted .with the Pet�tign at ahq,,.tame ofrfiing, aiithout such information the Soard of Appeals may deny your j requests j Three (3) copies of the. completed Application Form, each atit1k original signatures. rive -(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. All proposed development-activities, except single and two-family housing development, will require five- (5) copies of a proposed site improvements plan approved by the site Plan Review Committee. 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 petitioner may submit any additional supporting documents to assist the Board in making its determination. r - signatuxe: uate: Petftfoner or Agents Signature Agents Address: (J. (� . �pX�? Phone: 7�l 74 73M Fax No. 06 0_7�_ Property Location: 491 IYANOUGH RD HYANNIS MAP MW 311/ 028/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/23/1999 ¢ rp e ppra Value sse Value 801OBOX27 OERC. 3250 101,10 101,1(m OMC.CCORD,MA 02018 3250 5,7 5,70 BARNSTABLE,MA coon an ax Dist. 400 Land Ct#. er.Prop. #SR Life Estate .' VISION '. DL 1 LOT l& Notes:;:.- -� L2 UNNUM L �a „�o on �, r. a ssess ue r. a sess ue r. P.F. secs a ue NOTICE OF LEASE-U/W/0 COBB 3871/186 09/16/198 , ROBERTS,ELEANOR E TR C93481 09/15/19 Q «I 175,00 199 3250 101,10 199 3250 101,10 INSTRUMENT OF TAKING 1 1995 3250 5,7 1991 3250 5,70 ota. oa. oa. 2 1,7Ut '4" 61 lhisitgnatureacirnowledgesavisuoya-uala(-oiiectoror sessor ear jypvVescriphon Amount a Uescription Number Amoun omm. A. Appraised Bldg.Value(Card) 101,100 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value((BBldg) 5,700 Appraised Land Value(Bldg) 186,600 ?' +r6 Special Land Value #311-030.002 Total Appraised Card Value Total Appraised Parcel Value 293,400 Valuation Method: 293,400 Cost/Market Valuation TotalPPraised ramel Value ermi ssue a ep. ype. escription moon nsp: . to mp. ate omp. ommen a La. rurposenceaur } MEN off use Code Description Lone ron age ep n ni . ce ac or: .. ac or o es- ! P'^ mcing nt ceLana value fA o n Property Location: 491 IYANOUGH RD HYANNIS MAP ID: 311/. :02.8/ Other ID: Bldg#: 1 Card 1 of 1 Print Date.03/23/1999 ..., Element escrip on ommer then ype re Element escrip on odel 6 d/Comm ea40 e C rame Type 02 WOOD FRAME ths/Plumbing D2 AVERAGE tones 1 Story ccupancy 0 eiling/Wall 8 ICAL oms/Prtns 2 VERAGE Exterior Wall 1 4 Wood Shingle /o Common Wall 2 all Height 26 Roof Structure 1 Flat Roof Cover 2 Rolled Compos 3 Interior Wall 1 M Plywood Panel a cnp n or 2 tenor Floor 1 14 arpet omp ex 2 oor Adj 15 nit Location UBM Heating Fuel 3 Gas Heating Type 4 Hot Air umber of Units C Type 3 Central umber of Levels 10 o Ownership edroorns 0 ero Bedrooms athrooms Zero Bathrms g 0 Full 1base mate 3411 otal Rooms ize Adj.Factor .25418; 1 ath de(Q)Index .04 Type dj.Base Rate 9.70 tchen Style ldg.Value New 749280 +: ear Built 960 48 ff.Year Built 980 a s 3 rml Physcl Dep 7 uncnl Obslnc on Obsinc 5 pecl.Cond.Code ode F escn ian ercen a e pecl Cond% erall%Cond. )eprec.Bldg Value 101,100 o e escnption n: nit Price r. t o pr. value MR, o e escnp ton tvtng rea ross reafff.Area .Unit s eprec. Value Firstoor A,47A Z,479 UBM Basement,Unrmished 2,47 49 11.7 " 29,05 ross LIVILease Area 2,4 , Properly Location: OFF BARNSTABLE RD HY MAP ID: 311/ 002// Other ID: F, Bldg#r 1 Card 1 of 1 Print Date:03/23/1999 glowescrip ion Lade Appraised Value less ue O BOX 27 CUM LANU ' 801 ACCORD,MA 02019 BARNSTABLE,MA ccoun an A ax Dist. 400 Land Ct#::,.;:.. er.Prop. #SR ���O Life Estate ` ' DL 1 PARCEL 1 Notes. DL 2 z o man= - r. O e SesS q ue Y r. a JSesS Value /. Code Jess value ROBERTS,ELEANOR E TRS 5960/056 10/15/198 U V 1 B , ROBERTS,R JAMES 4737/153 10/15/198 U .V .4,00 B Ola. , oa. , ofl a. , TIZJ p Slgnattlr ac nOWgeS a VLSIt y a aa e t 0 ectar or ssessor �c'si�, .,;t o.`'•� � .._.i�, ..,.?.,.�,.� x3 ;' �,! nP �. ,,.::b's 4 i '"'w � {S Year lypelvescripubn AnWunt a cnp on _1 Mallow Amowit mm.Jnt. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 t n o se OB( )V � g)Apprat 0 A Land Value(Bg) 12,000 Special Land Value PAR#028 v r Total Appraised Card Value Total Appraised Parcel Value 12,000 Valuation Method: 12.E Cost/Market Valuation TotalppralSed raml eNet ,IN�. 4 Permitslue ate ype escrtptton moon rinsp. .Date n Comp. ate Camp. OEa = liare _ ILl Um rurposivAemu OR A use Coae vescripaon zone v Fronlage Lkpth unturrice nc or ac orAaj. I NOW-Aiwilapeclairricing Value Tom j Ana uniq Property Location: OFF BARNSTABLE RD HY MAP ID: 311/ : 030 002//_- Other ID: Bldg M 1 Card 1 of 1 Print Date:03/23/1999 t escrip n omaier a scan an emen on odel 0 Vacant ea de rame Type aths/Plumbing tones ccupancyCeiling/Wall Rooms/Prtns Exterior Wall I %Common Wall 2 Wall Height of Structure of Cover Interior Wall 1 ¢;n a esc p on . r actor , 2 Interior Floor I omp ex 2 oor Adj nit Location Heating Fuel Heating Type umber of Units C Type umber of Levels °Ownership Bedrooms Bathrooms nadj.Isase Raw UU Total Rooms ize Adj.Factor .00000- i,s Bath Type ade(Q)Index .00 YP dj.Base Rate .00 Kitchen Style ldg.Value New ear Built ff.Year Built rml Physcl Dep 00 uncnl 0bslnc on Obslnc C.Cond.Code peel Cond% tode esc eon ercenra a erall%Cond. lu c.Bldg Value Mal M e Description ne unit ice .r. p n r. ne z Code Desctiption LlMgArea ndigprec. Value ross tv ease Area a; t ail ITS' - � :� � r - __.. -.�®.�ems,.,.��`C�``� "\� .--„� •P_!—'� � AA -R GO l-', III. ■t�- iz— ♦�yr��pt54I /ems.+q►rC a d�R� 0i m �a � �lUdRlD41Ff'`P _ "4' :t-.'a1'°•,/ NANTUCKET SOUND STEREO NANTUCKET SOUND i F_,lA; k, :rs� ro wr so we°•`.. I I anew PLC II waom II II 1 I kumm Imm NWOM ve+eonveoon —_ m.wear I I rs waio�o —� n maaw 1' warobomme fin — s C� 100691091was m L rrA, mor rwmrLm JC"V4'w W i F V 5O F, 12 TYrVtNf 4 a r F nerro.foor o � rrv.rNer�rss�.: � � Bo°Q�� ®U�®Y o - MANTU rRvzm t wa! F Doa o® 0 0 z ore w wTO GOMM= s000� � Rolm Arm i l• x ._ m ►wN.�oor �.,.x:. •.t. rrv...rAFnXV ruarrM,'orr" rRru� u►nce rrvcaxeoukv� � p � d i riannom r Na M GLGVff*N 0 } 1 3 g 12 1YP A CCG5 C rm.rare/tram ru.�rrx3.�orrtro. AUDIO d a E 00 rro. z 00 WC�T CLC ArK)N UA .� .., . ®. i 4. i A Y G s tl a12 a _ If nn4ir . a. AV* f Appeal Number 1998-121 and Appeal Number 1998-122 Roberts Excerpts from the minutes of October 21,1998 Board Members hearing this appeal were Richard Boy,Gail Nightingale,Gene Burman,David Rice,and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr.Roberts requested and the Board agreed to have these appeals heard together. Mr.Roberts reported that he,and his wife Eleanor,own the business known as Nantucket Sound and they own the property on which it is located. They have been operating the business since 1981 at this location,and for 10 years prior at another location. Both the business and the use are pre-existing nonconforming. The applicants are proposing an addition to the building to accommodate car stereo installation,shipping,receiving,and to expand their storage space. Currently,the car stereos are installed outside(on a cement pad)and during inclement weather,the worker has to go to another site to do the work. As to the requested relief,Mr.Roberts explained the lot is nonconforming. There is only 5y:feet between the Nantucket Sound building and the adjacent building and with this proposed addition,that will be further reduced to 5 feet. The proposal was before Site Plan Review and received approval on September 29, 1998. One of the conditions of the approval was that one curb cut be eliminated and Mr.Roberts said he has applied to the MA Highway for permission to do the work. The lot is currently 97.6%impervious and will be reduced to 90%impervious with the additions of plantings and the removal of hardtop. Also,in the front of the building there will be a handicapped ramp making the store wheelchair accessible. Mr.Roberts submitted a letter from Morton Sigel,Tekscan;Inc.,who owns the building adjacent to the Nantucket Sound building. The letter states, "I have no objection to the construction taking place." Mr.Roberts also submitted a. list,of the improvements to the Nantucket Sound building,.and the.elevation plan. As to unique`conditions pursuant to Chaptei 40A;Section.10,Mr Roberts stated the work is already being done at a location down the street and he must pay rent,for the use'of that building;This is a hardship to the-applicant. .They.are' storing material off site acid by using some of this proposed space for storage,the number ofvehicie trips to and from Ys; r 1hesite will be*_reduced: Mr-Roberts indicated that the relief maybe granted without substantial detrimentA64he public good because he is already doing this work'-just outdoors. Aliteral enforcement of the provisions of the Zoning Ordinance would involve a financial hardship in making Mr.Roberts continue to pay for storage space at another location. Mr.Roberts reviewed the area where the addition will be located. This spot was chosen because the concrete pad already exists;he owns this portion of the land;and he can maintain his parking. Also,loading and unloading of merchandise from trucks can be done directly into the building without having to go through the retail part of the store. It was determined that part of the site is leased from the Enoch T.Cobb Trust. The Board had questions about the terns of the lease and requested a copy of the entire lease be submitted to the file. Mr.Roberts stated the addition is not going to be built on the leased portion of the site. There was also a discussion as to what land is owned by the applicants. The Board requested all deeds be provided for their review along with the tax bills. The Board requested a copy of the curb cut application(s)which Mr.Robert's submitted to MA Highway Department. They also requested a copy of any and all easements that relate to this property. It was unanimously decided to continue Appeal Number 1998-121 and Appeal Number 1998-122 to November 04,1998 at 9:00 PM. Excerpts from the minutes of November 04,1998 Board Members hearing this appeal were Richard Boy,Gail Nightingale,Gene Burman,David Rice, and Chairman Emmett Glynn. James Roberts represented himself before the Board. These appeals were continued from October 21,n 1998 to allow time for Mr.Roberts to submit to the file his leased with the Enoch T.Cobb Trust;a copy of all deeds and the tax bills for the site;a copy of the curb cut application(s)submitted to MA Highway Department;and a copy of any and all easements that relate to this property. Due to the late hour,it was requested these appeals again be continued and it was unanimously decided to continue Appeal Number 1998-121 and Appeal Number 1998-122 to November 18,1998 at 6:45 PM. Z.B.A.Meeting October 21,1998 0 Excerpts from the minutes of November 04,1998 Board Members originally hearing these appeals were Richard Boy,Gail Nightingale,Gene Burman,David Rice,and Chairman Emmett Glynn. James Roberts represented himself before the Board. These appeals were continued from October 21, 1998 to November 04, 1998 to allow time for Mr.Roberts to submit to the file his lease with the Enoch T. Cobb Trust;a copy of all deeds and the tax bills for the site;a copy of the curb cut application(s)submitted to MA Highway Department;and a copy of any and all easements that relate to this property. Due to the late hour on November 04, 1998,it was requested these appeals again be continued to this evening. Alternate Board Member Thomas DeRiemer was present when testimony was previously presented in these appeals and will replace Gail Nightingale who is absent tonight. Therefore,the Board Members hearing these appeals tonight are Richard Boy,Gene Burman,David Rice,Tom DeRiemer,and Chairman Emmett Glynn. Mr.Roberts reviewed the parcels of land involved in this site. There are three separate parcels of land. The total area of 0.36 acres includes the 10,000 square foot leased parking area. Mr.Roberts will go to the Assessing Department to review his taxable land. The Board asked Mr.Roberts about the"glide path"of the Airport. Mr.Roberts stated he has an application on file with the FAA(Federal Aviation Administration). The building behind Nantucket Sound is taller than this one and Mr. Roberts does not think height will be an issue. There was a brief discussion about Article IX of the Town Ordinance which deals with the Airport Approach Protection Ordinance of the Barnstable Municipal Airport. It deals with the height of buildings within the approach. The Board was concerned about the flight path and glide path permitting process and felt the Town Manager's Office should be made aware of this permit application. Mr.Roberts also submitted a copy of their current insurance policy as is required per his lease with the Enoch T.Cobb Trust. It was unanimously decided to continue Appeal Number 1998-121 and Appeal Number,1998-122 to December 02,1998 at 7:00 PM. This will allow the applicant time:to speak to the Town Manager regarding-Article IX--..'of the Town Ordinance-Airport Approach Protection Ordinance of the Barnstable,Municipal-Airport: Excerpts from the.minutes of December 02 1998,-, q s, .g ally hearing these aP eel oy,Gar e1ne.Burm an;David:Rice"and'Board Members oor Ps were Rchard B 1 Ni tin ale :G oi: Chairman Emmett Glynn. These appeals were continued from October 21 1998,to November 04,1998;to November 18, 1998 and to tonight..James Roberts represented himself before the Board. At the November 18th meeting,the Board was concerned about the flight path of the Airport and glide path permitting process. They were of the opinion the Applicant and Town Manager's Office should discuss this matter with reference to Article IX of the Town Ordinance which deals with the Airport Approach Protection Ordinance of the Barnstable Municipal Airport. Board Members hearing these appeals(tonight)were.Gene Burman,David Rice,Thomas DeRiemer,and Chairman Emmett Glynn. At the start of the hearing,Chairman Emmett Glynn read a letter.dated December 02, 1998 from Mr.Roberts. Due to unresolved issues regarding the airport,he is requesting to withdraw without prejudice Appeal Number 1998-121 and Appeal Number 1998-122. MOTION: Gene Burman Per request of the applicant,a motion was made to allow Appeal Number 1998-121 and Appeal Number 1998-122 to be Withdrawn Without Prejudice. Seconded David Rice VOTE: AYE: Gene Burman,David Rice,Thomas DeRiemer,and Chairman Emmett Glynn NAY: None ORDER: Appeal Number 1998-121 has been Withdrawn Without Prejudice. Appeal Number 1998-122 has been Withdrawn Without Prejudice. 2 ARTICLE IX. BARNSTABLE MUNICIPAL AIRPORT APPROACH PROTECTION Section 1. This ordinance shall be known and cited as the "Airport Approach Protection Ordinance of the Barnstable Municipal Airport. " Section 2. As used in this ordinance, unless the context otherwise requires: a. "Airport" means the Barns table`'iunicipal Airport. -- -- - b. "Airport Approach Zone" means any airspace above the areas defined and shown on a map_entitled Map of Approach Zones, Barnstable Municipal Airport, Hyannis, Massachusetts, dated February 1, 1957. C. "Airport Hazard" means any structure or tree which extends into any airport approach zone. d. "Administrative Agency" means the Town Manager of the. Town of Barnstable which is hereby designated as the agency charged with administering the regulations herein prescribed. e. "Person" means any individual, firm, partnership, corporation, company, association,. joint stock association; and includes _ any trustee,, receiver, assignee or other similar, representation thereof. f. _ "Structure" means any object or structure installed by man, including any, object regulated or ,licensed under~any provision of law. . g. "Tree" means a tree or other object of.natural growth.. . Section 3. It is hereby'declaied that the existence of any airport hazard ' endangers`_occupants",`of the land in its vicinity,i:and :effects a °.reduction of the area "available' for the landing, 'taking off`""and 'maneuvering of ' ` aircraft, thus tending to impair the utility'-of the airport and the public investment therein. Accordingly, it is necessary in the interests of public health, safety and general welfare that the creating, establishment or maintenance of airport hazards be prevented by exercise of police power, without compensation to any person, except as herein specifically provided. Section 4. Except as otherwise provided in this ordinance no structure may be erected or altered or any tree permitted to grow or be maintained to a height which would exceed the elevation of the end of the runway by a vertical distance hereby established as shown and indicated on the map referred to in Section 2. Section 5.- The limitation prescribed in this ordinance shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to these regulation as of the effective date thereof or otherwise interfere with the continuance of any such non-conforming use. Nothing herein contained shall be construed to permit any such non-conforming structure or tree to be substantially altered or repaired, rebuilt, allowed to grow or replanted so as to become a greater hazard to air navigation than it was on the effective date of this ordinance. Section 6. The Town Manager of the Town of Barnstable is hereby designated as the Administrative Agency charged with the duty of administering and enforcing the regulations herein prescribed. The duties of such agency shall include that of hearing and deciding all permits under Section 7. Section 7. Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, in a manner not conforming to the Airport Approach Protection Regulationsh�reir" established, or to establish the right to do so may apply to the Town Manager for a variance from the regulations applicable to his property. Such variance may be allowed where a literal application or enforcement of such regulation would result in practical difficulty or unnecessary hardship. and the relief granted would not be contrary to public interest. Any permit or variance granted under this section shall be conditioned as to require the owner of the structure or tree to permit the Barnstable Municipal Airport at its own expense to install, operate and maintain suitable obstruction markings or obstruction lights thereon. Section 8. , . This ordinance shall have full force and effect from and. after the date° of its adoption and approved as required bythe General .Laws. Adopted March-4, 1558. iApproved May T2', 1958 . .,, . . The Town of Barnstable NAM �t639- �• Office of Town Manager bp� 367 Main Street,Hyannis MA 02601 Office: 508-862-4600 James D.Tinsley,CPA,Town Manager Fax :508-790-6226 Mary Jacobs,Assistant Town Manager March 9, 1999 MP�R 11199�9 Jim and Eleanor Roberts Media Engineering Inc. . TOWN OF BARNSTABLE n R , OF APPEALS .._. y. D/b/a Nantucket Sound Airport Rotary Hyannis, MA 02601 Dear Mr. & Mrs. Roberts,. . Pursuant to the Town °of"Barnstable General Ordinances, Chapter III, Article IX:, Barnstable Municipal Airport Approach Protection;`'a hearing was held on Thursday, : February 25, '1999 in;the Town Manager„s Conference Room After review_of ..:your t ,,. ::application submitted:and_ n<accordance.with;Section 7, Article .IX,' the-!Town-lVlanager y#•A , hereby,approves your application to increase the height of your existing structure. I hopes this meets with your approval and thank you for your attention to this matter. Very truly y s, h , James D. Tinsley, CPA Town Manager c oning Board of Appeals John MacDonald, Airport Manager .•ter �� � i 3 Z e ING = THIS DOCUMENT HAS NOT BEEN RECORDED Town of Barnstable FILE COPY ONLY! Zoning Board of Appeals Notice -Withdrawn Without Prejudice Appeal Number 1998-122-Roberts Variance to Section 3-3.6(5)Bulk Regulations and Section 3-5.2(6)(C)&(D) GP Groundwater Protection Overlay District-Lot Coverage and Site Clearing Summary: Withdrawn Without Prejudice Petitioners: R.James and Eleanor E. Roberts Property Address: 49.1 lyannough Road(Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The property consists of 2 parcels totaling 0.38 of an acre and is commonly addressed as 491 lyannough Road(Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store(Nantucket Sound). The applicants are proposing to construct a 24'x 24'two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. According to assessor's records, the existing,building was built around 1960. From 1956 to.1983 the property was within a B District which allowed retail store/shops. November of 1983, the property was rezoned to an HB District. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100' front,30'side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. Requested Relief: The applicant is seeking the following zoning relief to permit the proposed addition: Appeal No. 1998-121 -Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB Highway Business Zoning District, in accordance with Section 5-3.3 Special Permit Provisions. According to Section 4-4.5 Nonconforming Use, "A pre-existing nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-122-Roberts Variance to Section 3-3.6(5)and Section 3-5.2(6)(C)&(D) Appeal No. 1998-122-Variance to Section 3-3.6(5) Bulk Regulations and Section 3-5.2(6)(C)& (D) GP Groundwater Protection Overlay District-Lot Coverage and Site Clearing, to allow a two-story addition to encroach an additional foot into the required rear yard setback. The addition will not increase impervious lot coverage or reduce the natural coverage on-site which are presently nonconforming. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 22, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. 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 October 21, 1998 and continued to November 4, November 18, and December 2, 1998, at which time the applicant requested and the Board granted a withdrawal without prejudice. Hearing Summary: Board Members deciding this appeal were Tom DeRiemer, Gene Burman, David Rice, and Chairman Emmett Glynn. James Roberts represented himself he requested and the Board agreed to have these appeals heard together. They have been operating the business since 1981 at this location and both the business and the use are pre-existing nonconforming. The applicants are proposing an addition to the building to accommodate car stereo installation, shipping, receiving, and to expand their storage space. Currently, the car stereos are installed outside. As to the requested relief, Mr. Roberts explained the nonconformity. There is only 5%feet between the Nantucket Sound building and the adjacent building and with this proposed addition, that will be further reduced to 5 feet. The proposal was before Site Plan Review and received approval on September 29, 1998. The applicant will eliminate one curb cut, reduce the lot coverage from 97.6% impervious to 90%, add plantings and the removal of hardtop, and install a handicapped ramp making the store wheelchair accessible. It was determined that part of the site is leased from the Enoch T. Cobb Trust. The Board had questions about the terms of the lease and requested a copy of the entire lease be submitted to the file. Mr. Roberts stated the addition is not going to be built on the leased portion of the site. The Board requested all deeds be provided for their review along with the tax bills. The Board requested a copy of the curb cut application(s) submitted to MA Highway Department., and also a copy of any and all easements that relate to this property. The appeal was continued to November 04, 1998. On November 4, 1998, the appeal was again continued to November 18, 1998. At the continuance on November 18, 1998, Mr. Roberts reviewed the parcels of land involved in this site. There are three separate parcels of lands. The total area of.36 acres includes the 10,000 square feet leased parking area. The Board asked Mr. Roberts about the"glide path" of the Airport. Mr. Roberts stated he has an application on file with the FAA(Federal Aviation Administration). The building behind Nantucket Sound is taller than this one and Mr. Roberts does not think height will be an issue. There was a brief discussion about Article IX of the Town Ordinance which deals with the Airport Approach Protection Ordinance of the Barnstable Municipal Airport. The Board was concerned about the flight path and glide path permitting process and felt the Town Manager's Office should be made aware of this permit application. Therefore, the appeal was continued to December 02, 1998. On December 2, 1998, Chairman Emmett Glynn read a letter dated December 02, 1998 from Mr. Roberts. Due to unresolved issues regarding the airport, he is requesting to withdraw without prejudice Appeal Number 1998-122. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-122-Roberts Variance to Section 3-3.6(5)and Section 3-5.2(6)(C)&(D) Decision: Per request of the applicant, a motion was made and duly seconded to allow Appeal Number 1998-122 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Gene Burman, David Rice, Thomas DeRiemer, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1998-122 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) day after the date f the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 04y /r 1, 1998 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. C�i /�Ip Signed and sealed this day of t9-Wunder the pains and penalties of perjury. inda Hutchenrider, Town Clerk 3 RefNo mappar ownerl owner2 addr city state zip 121-122 310 119 V 5 H REALTY INC 777 DEDHAM ST V0742 CANTON MA 02021 311 025 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601 311 026 PHILOPOULOS, JOHN TRS C/O J & P HYANNIS 200 STUART ST BOSTON MA 02116 311 027 DENNIS F THOMAS POST 467 ROUTE 28 HYANNIS MA 02601 311 028 ROBERTS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 311 029 BURKE, JOHN D %RJR DEVELOPMENT LLC 56 DAVIS STRAITS FALMOUTH MA 02540 311 030 001 KALAT, N W & SIGEL, M H TRS %ROTARY REALTY TRUST P 0 BOX 7 WORCESTER MA 01603 311 030 002 ROBERTS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 311 032 FINKELSTEIN, RUTH 160 MAYFLOWER TERR S YARMOUTH MA 02664 311 033 A F GERMAN CO INC 1159 MAIN ST BROCKTON MA 02404 311 035 001 MOORE, STANLEY W STANLEY PL HYANNIS MA 02601 311 035 002 MOORE, STANLEY W STANLEY PL HYANNIS MA 02601 311 081 CAPE COD MITCHELL'S INC C/O MITCHELLS STEAK HSE 451 IYANOUGH RD HYANNIS MA 02601 311 082 MITCHELL, JOHN MITCHELLS STEAK HOUSE 451 IYANOUGH RD HYANNIS MA 02601 328 070 PHILOPOULOS, JOHN TRS & VINIOS, NICHOLAS, TRS 200 STUART ST BOSTON MA 02116 329 003 Count a 81 IP 3 Y V 'roof of Publication Ts 91 mod" P'ublle iMariiis O�as far 21.1999 To aM in,or the Board of Appeals Wasrsr Sec.I 1 of Chapter 40A,of the l rrs of the of Massectmetta.wd al arnw6rb" Marto You an ft &i0 notilled 0 P.M. al ►�+►t to dom on Assess Parcat w and is Cods,Colon MA in go F Zordnp Di &18 P.M. Cony 1 PNAJ.ardJane Carly a 3-1.4(P Bu k Rspuldbel end Frontage,to a lot that car>faira eppruxirrretely 24.400 nrs spproximat*131 feet of frontage to be Considered buikkrNe.Ths prepsrty a shown Assessor's Map 02o.Parcel 087 and is con mo*eddrosaed as 1`�.. 9cfrod Street. i� i#►LpN r &30 P M.' 1 fl.James and E PenmR purwairYt �+ DIWC*.in local a 24' 24'bo 8a aural 1111bOstruch"to vshlcls sam&V ,st"ng/rec and storage room The on .. AssencesMep3 .Percels028 owls flood Warts 28). MA in an HS Highway Businea � WS P.M. +Poberta APPs Ft JamesOld tE t�to Section 3.4.00m BufiC 1; P►otaction Ovartsy District- of CoMera� erinp The pt+�poeed aructlon a 24'x 24'two story addition b 10 an ebsting struetaae wig enanseh h quWW rear and" yard setbacks.Mw eddition wl1 rat ino eas �or�du�Alt tahysf �rqp 0""which we��y is show$a�n Assessor's Map 311.Paroels 028 and 0=0. t is conrnonly ad*estid as 491'Nwwtigh Hood Woute 28), MA in err+HB.N �kralnees DIsMcG These Pub1c wrK bat. Rm. Secondlriow.•N)pw Town Hall.367 Main Streal. Messech an Weiibaday.October 2l. 19 Al plena and reviewed at the Zopdg Board of-Appeefp Office.Town of MWWA ble. MS?_ ►5 t•f1f^a^nts•MA Emmstt Glynn. Zor"Board of(A The BFWASM PUMA October t'A October 8. 1998 ,4 i DAuWABM to met Town of Barnstable THIS DOCUMENT HAS Zoning Board of Appeals NOT BEEN RECORDED Notice - Withdrawn Without Prejudice FILE COPY ONLY! Appeal Number 1998-121 -Roberts 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 Petitioners: R.James and Eleanor E. Roberts Property Address: 491 lyannough Road(Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.3 8 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District i Background: The property consists of 2 parcels totaling 0.38 of an acre and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store (Nantucket Sound). The applicants are proposing to construct a 24'x 24'two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. According to assessor's records, the existing building was built around 1960. From 1956 to 1983 the property was within a B District which allowed retail store/shops. November of 1983, the property was rezoned to an HB District. A zoning amendment passed May 7, 1988, made offices and banks the only use allowed by Special Permit. Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional l The existing building is also nonconforming with regard to setback requirements. There is a minimum 100' front, 30' side and 20' rear yard setback required on the property. The northwest comer of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. Requested Relief: The applicant is seeking the following zoning relief to permit the proposed addition: Appeal No. 1998-121 -Special Permit Pursuant to Section 3-3.6(3)(A)Conditional Uses in the HB Highway Business Zoning District, in accordance with Section 5-3.3 Special Permit Provisions. According to Section 4-4.5 Nonconforming Use, "A pre-existing nonconforming use may be changed to a conditional I + Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-121 -Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. Appeal No. 1998-122-Variance to Section 3-3.6(5) Bulk Regulations and Section 3-5.2(6)(C) & (D) GP Groundwater Protection Overlay District-Lot Coverage and Site Clearing, to allow a two-story addition to encroach an additional foot into the required rear yard setback. The addition will not increase impervious lot coverage or reduce the natural coverage on-site which are presently nonconforming. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 22, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. 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 October 21, 1998 and continued to November 4, November 18, and December 2, 1998, at which time the applicant requested and the Board granted a withdrawal without prejudice. Hearing Summary: Board Members deciding this appeal were Tom DeRiemer, Gene Burman, David Rice, and Chairman Emmett Glynn. James Roberts represented himself he requested and the Board agreed to have these appeals heard together. They have been operating the business since 1981 at this location and both the business and the use are pre-existing nonconforming. The applicants are proposing an addition to the building to accommodate car stereo installation, shipping, receiving, and to expand their storage space. Currently, the car stereos are installed outside. As to the requested relief, Mr. Roberts explained the nonconformity. There is only 5%feet between the Nantucket Sound building and the adjacent building and with this proposed addition, that will be further reduced to 5 feet. The proposal was before Site Plan Review and received approval on September 29, 1998. The applicant will eliminate one curb cut, reduce the lot coverage from 97.6% impervious to 90%, add plantings and the removal of hardtop, and install a handicapped ramp making the store wheelchair accessible. It was determined that part of the site is leased from the Enoch T. Cobb Trust. The Board had questions about the terms of the lease and requested a copy of the entire lease be submitted to the file. Mr. Roberts stated the addition is not going to be built on the leased portion of the site. The Board requested all deeds be provided for their review along with the tax bills. The Board requested a copy of the curb cut application(s)submitted to MA Highway Department., and also a copy of any and all easements that relate to this property. The appeal was continued to November 04, 1998. On November 4, 1998, the appeal was again continued to November 18, 1998. At the continuance on November 18, 1998, Mr. Roberts reviewed the parcels of land involved in this site. There are three separate parcels of lands. The total area of.36 acres includes the 10,000 square feet leased parking area. The Board asked Mr. Roberts about the"glide path"of the Airport. Mr. Roberts stated he has an application on file with the FAA(Federal Aviation Administration). The building behind Nantucket Sound is taller than this one and Mr. Roberts does not think height will be an issue. There was a brief discussion about Article IX of the Town Ordinance which deals with the Airport Approach Protection Ordinance of the Barnstable Municipal Airport. The Board was concerned about the flight path and glide path permitting process and felt the Town Manager's Office should be made aware of this permit application. Therefore, the appeal was continued to December 02, 1998. On December 2, 1998, Chairman Emmett Glynn read a letter dated December 02, 1998 from Mr. Roberts. Due to unresolved issues regarding the airport, he is requesting to withdraw without prejudice Appeal Number 1998-121. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-121 -Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Decision: Per request of the applicant, a motion was made and duly seconded to allow Appeal Number 1998-121 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Gene Burman, David Rice,Thomas DeRiemer, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1998-121 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 To Clerk. 1998 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 of IS9&under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 RefNo mappar ownerl owner2 addr city state zip 121-122 310 119 V S H REALTY INC 777 DEDHAM ST V0742 CANTON MA 02021 311 025 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601 311 026 PHILOPOULOS, JOHN TRS C/O J & P HYANNIS 200 STUART ST BOSTON MA 02116 311 027 DENNIS F THOMAS POST 467 ROUTE 28 HYANNIS MA 02601 311 028 ROBERTS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 311 029 BURKE, JOHN D %RJR DEVELOPMENT LLC 56 DAVIS STRAITS FALMOUTH MA 02540 311 030 001 KALAT, N W & SIGEL, M H TRS %ROTARY REALTY TRUST P 0 BOX 7 WORCESTER MA 01603 '311 030 002 ROBERTS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 311 032 FINKELSTEIN, RUTH 160 MAYFLOWER TERR S YARMOUTH MA 02664 311 033 A F GERMAN CO INC 1159 MAIN ST BROCKTON MA 02404 311 035 001 MOORE, STANLEY W STANLEY PL HYANNIS MA 02601 311 035 002 MOORE, STANLEY W STANLEY PL HYANNIS MA 02601 311 081 CAPE COD MITCHELL'S INC C/O MITCHELLS STEAK HSE 451 IYANOUGH RD HYANNIS MA 02601 311 082 MITCHELL, JOHN MITCHELLS STEAK HOUSE 451 IYANOUGH RD HYANNIS MA 02601 328 070 PHILOPOULOS, JOHN TRS & VINIOS, NICHOLAS, TRS 200 STUART ST BOSTON MA 02116 329 003 Count= 81 3 II y 1 'roof of Publication " Town of 2.anine B%w&*# pqws Melly or1 f a S T� far 21. Ilm To aA in,or the Board of Appaele t i of 40A of the Laws�the of Massachusetts.and aA tlierttto you are notified 1, 800 P lett x, to 3-t.f " shown an A+eeeasor's Parcel 086 and is #Aarinpr Circle.Cook A.MA in in F Zoning Di r PadJ.and isneCOW" a 3.1.4(5)Bulk -Lot izta and Frontage.to lOw a tot that contains appro wvwteiy 24,400 square spproodmetaly+131 feet of frontage to be considered buildable.The property is sin mon Assessoes Map 020,Parcel 087 and is comnwnly addressed as 151. School Sbeet.Co*rit, irirr 8.30 P.M.' 1 R.Jernss and Beam E R lid M;-6g. Poo., purwunt to S�ai in Dlsbiot.h aoconl- to oortstruct a 24 24't,0 owyokbo Im at structure to at e! veidele servicing W.OVpkrg/receo tng end storage room.The r 1'p: an Assessor's Map 39.Parcels 028 artd and Is 49 - Road(Route 28).FranMs.MA in an HS Highway Busines 8:36 P.M. Roberts °=ar'' R.James and EleanorE P40erts have applied to the Z s to Sectlon 3.3.60 && ' PmteWm Overlay District-1.ot Cover NF qt Ong.The" c "trot lion of e 24'x 24'two story addftion to an eAsting structure w9A encroach on required rear end side yard setbecke.The addition will not incfeasp din►rap or hAmw e _. coverage on-eke wtrtch are presently 4 e is shawrt Assessor's Map 311.Parcels 028 end MOM ai0,.is corrxrro(►ly addresded as 491 lyanough Road Mot"28).Hya ,MA in ao HB Hiph*ay Business DisWc These Public willbitl►eld t thrrFleerhrg Room;SecondFmw.Npw Town Hell,367 Main Street. �.Massec�rtetts an NdeBsttFy. October 21. 19%.,i1A plans and apns mayr f reviewed at tile Zoi>irig Board Appeele Office,Town of Barnstable. Planning Dope&tent,290t -$fa<rt�t,Hyannis,MA Effmatt Glynn.Cl�'maplo".i,. Zoning Board of The October 1'1,A October S. 1998 Town of Barnstable Planning Department Staff Report Roberts Appeal No. 1998-121 -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 No. 1998-122-Variance to Section 3-3.6(5) Bulk Regulations and Section 3-5.2(6)(C) &(D) GP Groundwater Protection Overlay District-Lot Coverage and Site Clearing Date: October 14, 1998 To: Zo ardApeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Applicants: R.James and Eleanor E. Roberts Property Address: 491 lyannough Road(Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Filed:Jul.22, 1998 Public Hearing:Oct.21, 1998 Decision Due:Dec.29, 1998(This includes a 60-day extension signed by the applicant) Background: The property consists of 2 parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store(Nantucket Sound). The applicants are proposing to construct a 24'x 24' two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. The property is located within an HB Highway Business Zoning District. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. According to assessor's records;the existing building was built around 1960. From 1956 to 1983 the property was within a B District which allowed retail store/shops. In November of 1983, the property was rezoned to an HB District(ATM 11/7/83, Art. B-1(d)). Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100' front, 30' side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot into the rear yard 1 Planning Department-Staff Report-Roberts Appeal No. 1998-121 -Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Appeal No. 1998-122-Variance to Section 3-3.6(5)and Section 3-5.2(6)(C)&(D) setback. In 1960, when the building was first constructed, the B District only had a minimum 20' front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. Requested Relief: The applicant is seeking the following zoning relief to permit the proposed addition: Appeal No. 1998-121 -Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB Highway Business Zoning District, in accordance with Section 5-3.3 Special Permit Provisions. According to Section 4-4.5 Nonconforming Use, "A pre-existing nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. Appeal No. 1998-122-Variance to Section 3-3.6(5) Bulk Regulations and Section 3-5.2(6)(C) & (D) GP Groundwater Protection Overlay District- Lot Coverage and Site Clearing, to allow a two-story addition to encroach an additional foot into the required rear yard setback. The addition will not increase impervious lot coverage or reduce the natural coverage on-site which are presently nonconforming. Staff Review/Comments: The property is located within a GP Groundwater Protection Overlay District. No more than 50%of the total upland area of the lot can be made impervious, if all recharge is disposed of on-site. Also, a minimum of 30% of the lot must be retained in its natural state. The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6%to 90.6%. Staff does not see the need for a Variance to Section 3-5.2(6)(C) & (D)of the Zoning Ordinance because the existing nonconformity is proposed to be improved. The proposed addition is for car stereo installation, shipping/receiving and storage only. No additional retail space is proposed, so little additional traffic is expected to be generated by this proposal. Several improvements to this site are also being proposed with the addition. The current parking and traffic circulation pattern is confusing and does not meet the requirements of Section 4-7.7 with regard to stall dimensions and aisle widths. The applicant intends to re-stripe the parking area and add landscaped islands with trees, as shown on the approved site plan. Some areas that are presently paved but not appropriate for parking will be striped as no parking areas. The new layout provides for better and safer traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. The building is in need of some repair. The applicant is proposing to upgrade the facade of the building and has submitted elevations for the Board's review. 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." 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)): • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (retail stores in a Highway Business Zoning District are a Conditional Use allowed by a Special Permit Pursuant to Section 3-3.6(3)(A) of the Zoning Ordinance), 2 Planning Department-Staff Report-Roberts Appeal No. 1998-121 -Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Appeal No. 1998-122-Variance to Section 3-3.6(5)and Section 3-5.2(6)(C)&(D) • that a site plan has been reviewed and found approvable in accordance with Section 4-7 (The site plan was found approvable on September 24, 1998 by Site Plan Review Committee-Site Plan Review No. 070-98), 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 Special Permit for a Conditional Use, 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 at #491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The use of the property is limited to a retail store for the sale of home and office electrical equipment, (radios, televisions, stereos and other small electronics) inclusive of installation of auto stereo equipment. 3. There shall be no floor drains in the new addition. 4. The applicants must seek Mass. Highway approval for all work planned within their jurisdiction. 5. All requirements of the Health Division, Building Division and Hyannis Fire Department must be met before a building permit is issued. Variance Findings: In consideration for the Variance, the petitioner must substantiate those conditions unique to this property that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board finds to grant the Variance request, it may wish to consider the following conditions: 1. The proposed addition shall be located no closer than 3 1/2 feet to the rear property line and shall be developed in accordance with the approved site plan titled"Site Plan of Land at#491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The building shall not be expanded in total gross floor area or footprint beyond that permitted by this variance without further relief from the Zoning Board of Appeals. Attachments: Applications Copies: Applicant/Petitioner Assessor Map/Cards Site Plan Elevations Site Plan Approval Letter w/attachments Parking Calculations Table 3 4 Y Zoaiag Board of A � ELIEF BEING SOUGHT AAS Aanie_a£toa-; r a soeciINEDBY THE ZONING ENFORCE➢TENT OFFICER TO i1 'AF'R9kI TE RELIEF Gl17�g�'HE3E Date Receivedoff _ - CIRCUMT.9�1I 'For office use onjv: Town Clerk office '�$ ,!�t2 1;) #Appeal. Ih1hyHearing Date 6 1 _ JUL 1Dec:sion Due s.:...-.. 7 �WNOFBARA1T The undersigned hereby applies to the Zoning BARD be is for a Special permit, in the manner and for the reasons hereinafter s fprth: � n Applicant Name: Mr and Mrs. James Roberts- Phone 781 _749_73nn Applicant Address: P.O. Box 27, Accord, MA 02018-0027 Property Location.­T�Iyannough Road (Rte 28) , Hyannis, •MA 02601 Property Owner: same as above , Phone same Address of owner: same as above ZZ applicant cuflars tree owner, state nature ot.fntereati Number of years oveedi 1981 (1 7 years) Assessors Hap/Parcel Number: _Map 311 / Parcels 28 & 30-2 Zoning District: ,,� HB Business - 4-4.5.2 (Expansion of a Pre- Groundwater overlay. District: G.P. Existing Non-Conforming Use Alteration A Expansion of Pre-Existing special Permit Requested: 4-4.4.2 (Non-Conforming 5-3.3(Special Permit Provisicg4iz Se�oA T1t1e` of Che ton g o,rcinan.ca 3-5.2.6 C&D (Groundwater Protection District Regulations) Descript:on. of Activity/Reason for Request: The existing structure is non-conforming with respect to minimum yard sethanks (3-1 6 - 5) and - maximum allowable lot coverage; . as well as maximum impervious lot coverage_ and minimum- 30% .natural state required within the G.P. - District (3.5,2.6 C&D) Description' of ponstruction Activity (if applicable) : Applicant proposes to .construct a 24 x 24 ' two -story addition to existing structure to provide - enclosed vehicle servicing bay, shipping/receiving area and storage room. 576. SF.x 2 floors Proposed Gross Floor Area to be Added:.. = .1152 SF. Altered: Exterior Only =isting'Level of. Development of the Property - Number of Buildings: 1 Present Use(s) : Retail - Business cross Floor Area: 2596 sq. ft. app.Lf cation for a Special. Permit Is the property located in an Historic District? Yes [j No If yes . ORH Use only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [] No Vj r-f yes Historic Preservation Demartme_nt Use only- Date Approved Have you applied for a building pelt? Yes [) No [l Has the Building Znspector refused a permit? Yes '.[] No �1 All applications for a special Perm t regiTire an. approved Site Plan. That process must be successfully completed Prior to submittimg this applicatio n to the Zoning Board of Appeals. . For Huildinc Department Use only- Hot Required - .Single Family [J Site Plan Review. Numbar Date Approved 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 and 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' an the land.-and to structures. See Contents of Siie Plan", Section 4-7.5 of the Zoning ordinance', for detailed requirements. The applicant may submit any additional supporting do ants to * assist the Board in making its detptm`nation. signatures /. ��� Data 7/20/98 Applicant"s or Agents Sign ure Fenuccio & Richmond Architects Agents Address: 923 Main Street, Yarmouth ort,MA Phone 508-362-8382 02675 Fax No.508-362-2828 • �. Yr THE ZONING RELIEF BEING SOUGHT HAS BEEN DETERMINED BY THE ZONING ENFORCEMENT OFFICER TO Tpy �g BE APPROPRIATE RELIEF GIVEN TIIES Zoning i'oard"of'''Appeal`sCIRCUMSTANCES, Application to .Petition for ¢.a variance 2 249 6 Date Received For office use only: Town Clerk office Appeal # Q OS- (] Hearing Date ry of Decision Due The undersigned hereby applies to the Zoning Boar Appeals for a variance from the Zoning Ordinance, in the T Q NS LE axons hereinafter set forth: a APPEALS Petitioner Name: Mr. and Mrs. James Roberts Phone 781 -749-7inn Petitioner Address: P.O. Box 27, Accord, MA 02018-0027 Property Location:\'`3O0 Iyannough Road (Rte 28) , Hyannis, MA n2r,01 Property owner: same as above Phone same Address of owner: same as above If.petitioner differs from owner, state nature of interest: Number of Years Owned: 1981 ( 1 7 years) Assessor's Hap/Parcel Number: Map 311 / Parcels 28 & 30-2 zoning District: HB Business Groundwater overlay District: G.P. Distric Bulk Regulations minimum yard. setbacks & lot coverage (3-3. 6. 5)HB Business Variance Requested: GP District Regulations ( 3-5 ? F r, & n) 4-3.7. 1 (Signs in Cite Section & Title of the Zoning ordinance 3 Business District) Description of variance Requested: Pro Description will encroach on required Descri rear and side yard setbacks. Addition will not incr-Qase iMeryious lot coverage which is presently non-rnnfnrmin g. Description of the Reason and/or Need for the variance: (See Attached Sheet) Discription of Construction Activity (if applicable) : Applicant proposes to construct a -24 ' x 24 ' two story addition to exi cti nq s r u -tnrP t-n provide enclosed vehicle servicing bay, shipping/receiving area and storage room. Existing Level of Development of the Property - Number of Buildings: 1 Present Use(s) : Retail _ Business Gross Floor Area: 2596 sq.ft. 576 SF x 2 floors Proposed Gross F1oor' Area to be Added: = 1152 SF. Altered: Exterior Only Is this property subject to any other relief (variance or special Permit) from the Zoning Board of Appeals? Yes [ No [ ] Sound , ---James Roht-rtc Application to Petition for a variance property within a Historic District? Yes (] No �(] Is the property a Designated Landmark? Yes [] No For Historic Department Use Only: Not Applicable . . .. ... . . . . . . . . [] OKH Plan Review'Number Date Approved Signature:' Have you applied for a building permit? Yes [] No �] Has the Building Inspector refused a permit? Yes [] No �] A11 applications for a Variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan' (see Section 4- 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. * For Building Denartment Use only: Not Required . .... . ... . . . . . . .. [] Site Plan Review Number 'Date Approved Signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny 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. All proposed development activities, except single and two-family housing development, will require five (5) copies of. a proposed site improvements plan approved by the Site Plan Review committee. 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 petitioner-may submit any additional -supporting.documents ..to :._...-_.. - assist the Hoard in making its determination. Signature: / �ell� Date: 7/20/98 Petitioner or Agent's Signat re Fenuccio & Richmond Architects Agent's Address: 923 Main St..,Yarmouthport, 92675 Phone: 508-362-8382 FaY N._5[1R-362-2828 Application to Petition for a Variance Owner: Mr. &Mrs. James Roberts Property: 130 Iyannough Road(Rte 28),Hyannis, MA Description of the Reason and/or Need for the Variance: At present time,vehicle equipment installations occur outdoors and off-site at remote location. Large truck deliveries back up directly onto pedestrian entrance posing significant safety hazard and storage capabilities within existing structure is severely limited. Because of these factors,the only feasible alternative is an addition at the South-West corner of the building over an existing concrete slab. The 24'x 24'addition will encroach on the required rear and side yard setbacks. The applicant also requests that the existing business signage,which consists of two building mounted signs and one freestanding sign be allowed to remain on the renovated facades. FENUCCIO & RICHMOND ARCHITECTS" 923 MAIN STREET, RTE. 6A YARMOUTHPORT, MASSACHUSETTS 02675 Tel: (508) 362-8382 Fax: (508) 362-2828 27 July 1998 51 9 Chairman, Zoning Board of Appeals i Town of Barnstable JU �99$ � 2 9r ,. 230 South Street 11W110F6 f Hyannis, MA 02601 i '''3'��fntr pO�R�QFSTABLE RE: Application for Special Permit&Application for Variance Mr. and Mrs. James Roberts d/b/a Nantucket Sound 491 Iyannough Road, Hyannis Dear Mr. /Ms. Chairman: Per our recent discussion with Mr. Art Trazyck from the Planning Department,we would like to request that the following revisions be incorporated into our applications: 1. On the "Application for Special Permit",please remove Section 4-4.5.2 (Expansion of Non-Conforming Use) from "Special Permit Requested", and replace with Section 3-3 6 (3)(A) (Conditional Uses -HB Business District). 2. On the "Application to Petition for a Variance", please remove Sections 4-3.7.1 and 4-3 7 3 (Signs in Business District) from the section"Variance Requested". The proposed project, at its most basic level, is a 24' x 24'two story addition and facade renovation to a pre-existing non-conforming building, which will encroach into the required rear yard slightly more than the existing structure. We respectfully request a Special Permit for the applicable zoning sections, or, in the alternative, relief in the form of a variance(s). Thank you for your assistance. Sincerely, Fenuccio&Richmond Architects Richard P. Fenuccio cc: Eleanor and James Roberts RPF/mm PHOPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I STATE I PCS I NBHD -- PARCEL IDEN r EICA714f1t1UMBER _HY04 [R311 023- KEY 0491 ROUTE 132 CLASS - 07 __ He 40 o7HY 01 04 0 LAND�O THER FEATURES DE SCRIP T!ON ADJUSTMENT FACTORS T p Lazo BylDare s,e D�menunn LOC./YR.SPEC.CLASS ADJ. COND. rPE PRICE UNIT ADPRICENIT ACRES/UNITS VALUE Deaenpiiim R 0 S E R TS P R J A M E S & E L E A N O R MAP— eo. FF.D. Ir,rncrea #BLOG(S)—CARD-1 3 61,600 CARDS INACCOUt L 30 3SITE 1 X 3 =10C 182 219999.97 400399.95 .35 140100 #LAND 3 140j,100 01 OF 01 A #PL 491 IYANOUGH RD HYANNIS 'COST' —'73�3 N STORE B LDG U. 1 X = 100 *161920.00 161920.00 1.00 161900 d #RR 1316 0158 MARKET p PV1 PAVING S X C= 100 .4 .45 12700 5700 F #DL LOT 1 & UNNUM LC115-82 INCOME 2017 USE A I APPRAISED VAL i C 201 ,7 A U PARCEL SUMMAR T LAND 1401 A T BLDGS 1085 0—IMPS 57 E TOTAL 2543 F E N CNST E[ N DEED REFERENCE Typ. DATE RecoroW PRIOR YEAR V A; A T j e..k MO. Yr.D S.S Pric. LAND 1401 T S C12348P-ge 'lest.S TEIL06/91 8 1 BLOGS 6161 U C93431 1:09/83 175000 TOTAL 20171 R �09/87 E *LAND FIGURED BUILDING PERMIT S Number Dal. Type Amount #31 1—0 3 0.0 0 2 LAND LAND—ADJ INC IME SE SP—BLDS FEATURES SLD—ADJS UNITS 140100 5700 161900 Consr. Tun!a ! rear B f Norm. O.b% Class Vnns Base Rale ,I A.1 Rare A 1 Age Depr. Cone. CND. Loc. %R.G. Rapt.Coal New A.I.Repl.Value Sloriea Height Rooms A. 6,1-Fia. P.ny.0 Foc. 30C 001 100 101 60 80 14 87 80 67 161900 10450U 1 .9 10.0 Descnpr..n Rare Square Fn.l Rrp! f-usr MKT.INDEX: 1•00 IMP,Br/DATE. / SCALE: 1/00.52 ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 .00 2474 STORE BUILDING CNST GPs T *---------40--------* STYLE 3UST_0_R_E B_L_D_G 0.0 R ! ! EiIGAI ADJMT OU 0.0 U ! ! 'XTER.aAIIS 0-1V000_ FR AM- 0A C 26 R EAf/AC rtYPE _00 ----------- ---- 0.6 ! [NTER.KIN f&H _00 ----_-.----___ 0.0 T ' 35 INT8-9 L POUT -00 -------------------Q.O U ! ! INTER.a_LfAITY 30 --------------- ----0.0 A R *----18---* ! FCDSR MOCfi- -00--------------- ------a:0 p W BASE ! EFLO(R-tWVER-- -00 ------'--- --- ---' ---Go L E T.I.IAreaa Base_ 2474 ! OJF-TYPE---- -00 --- - -U:0 BUILDING DIMENSIONS --------"------ T BAS W48 N28 E18 N26 E40 S'_'5 W10 28 10—* :LFC-TRt_6f4 -- -00 --0:0 F7 INDATTON__- _-- ---------------- �4 A S19 SAS .. , 19 CI COANERAL N HD IN HYAiVNfS HY04 L ! ! LAND TOTAL MARKET PARCEL 140100 254300 *-----------48-----------X AREA 527520 VARIANCE +0 —52 STA''!' ' 'D 50 r PHOPERTv ADDRESS I I ZONING (DISTRICT CODE SP-DISTS.I DATE PRINTED CSTATE LASS I PCS I NBHD ITCH KEY NC 9999 _ LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS H B T `O H 002- p 18502 Lane eyrDale S.:e D.menaron vP UNIT ADJ'O.UNIT ACRES/UNITS VALUE Description R OBE R TS, R J AM E S & EL E A NO R MA P— cD FF De uvn Is. L10C./VR.SPEC.CLASS ADJ. COND. PRICE PRICE #LAN D 3 12,000 CARDS IN ACCOUNT L 30 3SiTE 1 x .3 . =10 182 219999e9 400399.95 .03 12000 #DL PARCEL 1 01 OF 01 A #PL OFF BARNSTABLE RD HY N #RR 0076 MARKET 1340( D INCOME A USE APPRAISED VALUE U J I ) A 12.00( A UI �p i PARCEL SUMMARY AS LAND 1200( T BLDGS M 0—IMPS F E TOTAL 1200( N CNST E N - DEED REFERENC Type DATE Recorded PRIOR YEAR V A L UG A T Book Page InaC MO. Vr.p Sale.Price LAND 1 2 0 0 0 T S 11 7555/088-TEVl06/91 A 1 BLDGS U 5960/056: V:10/87 B 1 TOTAL 1200C R 4737/153: V:10/85 B 4000 E BUILDING PERMIT **LAND FIG. WIT S NumOer Dale Type Amount P A R #0 2 8 LAND LAND—ADJ INC ME SE SP—BEDS FEATURES BLD—ADJS UNITS 12000 Class COnal. Total Base Rale .>e."1' dear Built A Norm. ODay. U nn9 Units 'I I Ac.0 al EII. 9e Depr. Cond. CND. Loc It R.G. Rapt.Coal New Adj.Repl.Value St-ie m a Haight Roor N Rma Ba1ha I Fia. Par\ywall Fac. 0 Oes—pLon R.I. Square Feel Reul Cos. MKT.INDEX: IMP.By/DATE: / SCALE: ELEMENTS CODE CONSTRUCTION DETAIL S T R --------------- --- ----------------- ------ U I C --------------- --- ---------------------- T --------------- --- ---------------------- U --------------- --- --------=------------- R --------------- --- --------------- ------- A L D E olal Areas Aua Bass --------------- --- ---------------------- . < BUILDING DIMENSIONS --------------- --- ---------------------- T A I -------------- - --- ---------------------- L _____ C017�t�RZIAL AI HD IN H�AfVNIS HY04 LAND TOTAL MARKET PARCEL 12000 12000 AREA 527520 VARIANCE +0 +0 RD 50 /�� � - s 1 cT— r., ® �_. � J's'^ +st -- wJ. V�u'Sa+-�-' ���- _. r ����� '�'�M��1,...'s3b� C F 5 �, N �' '�'� �' � �' h y '• ate'��� } i�#c�-'''� . �rx�,{{�� I`? t':��'F"y.4q�`w+�' _ F � . 1, _ y�St'e._ 'sue^ � �� 9. - �� _ _ _ _. �f 4ffLl9�®I��tL - �\ Cpf. 01f4�6165 j .. (puffs-!® I g ma m� ' -r�� r'` e ,, - �,rt-'�-f ., �e. t d �r. —' -_e. � -- -e . � za anK__„-� _=ate, w;ay NANTUCKET SOUND STEREO - 1V NA ��r+'�� ate• - . S �-1 .1 � = TuC ET SOUND M OR E x'sl ' C ��� � � t� ` 6 d � � •t .mil f c.n i r :o as so as LN wcua::: waa AP" III eraam II Draw.-= I I II I I utsRa�eo I1�+ Z � �- II II I I I I rokWAVW — oa It I°I z II I Y II I • II I -- VM/Wm= I 6 II o°ow I II F I PMROM Y,R I aernwrroan ror+arare w 'aYi o /09M0/N I 1>y/MOQ1/ 2 1 � I waNa,w+ns —M F I NM DM ma s gvm j asarra► WYOLORD�IAMMII or/�Va+ COW-AI p1 _,NS MMV M"Mm �� Y 40lNCRLDVGJT 12 Tyr 4 zwvca q HtrAl-KOOr O_ z rm.rm rrira, !y� 15 r fr98rAM5 rrv.rvc/rrwsa � . rw�rr�a,00rrrra, o Mwn!!M t ravm F 13 00 MD. o� a oo RtY�fXJ7C0 7f.4r=WAJW W TO GONGOI.00'X WfRY LAND?JBtOOOR CACT CLCVArION P-a' .,,,... a rn424om 10.99•/-� tICTN.R�00r a z� .. .a.:. 9. rw�ore�.�omr . �1 0 H rM.CANTOMPOO a O 2 .B F rAVrW LR! z NORTH GLLVATION MSgxS nB Bi yi W. o Gj� BO�tR emi wwrxcovwr � 12 — Ttr k CCX!� FmrrH.1toor rrM.rwc frruro ru.mrcx�,�arrr�. 77 . rrt�zn s wn � 0 F b 1313 o� F 0 rro.wrvo z 00 0h M50AM r Cl m/ffioN I/A" • P-O° MwB Br ys �09�R0071 0 z rs LLI i� m F 0, r i mii i �. lS l� � X"CLLVfi ON oaTM�toy s�uvs A=, The Town of Barnstable NAM Department of Health, Safety and Environmental Services fF0 +� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner TO: Emmett F. Glynn, Chairman, Zoning Board Of Appeals FROM: Ralph M. Crossen, Building Commissioner SUBJECT: SPR-070-98 Nantucket Sound,130 Iyannough Road (Rt 28) HY (311/028& 030.002) Proposal: Applicant proposes to construct a 24X24 2-story addition to existing structure to provide enclosed vehicle servicing bay, shipping/receiving area and storage room; and renovate all facades of existing structure. Addition will require a Special Permit and Variance(s) from the ZBA. DATE: September 29, 1998 The above referenced site plan has been reviewed and approved for purposes of referral to the Zoning Board Of Appeals. Attached please find a copy of the letter of approval and meeting notes for your files. The Town of Barnstable NAM ; Department of Health Safety and Environmental Services 0.59. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 29, 1998 Mr.&Mrs.James Roberts PO Box 27 Accord,MA 02018 Re: SPR 070-98 Nantucket Sound,130 Iyannough Road (Rt 28) HY (311/028&030.002) Proposal: Applicant proposes to construct a 24X24 2-story addition to existing structure to provide enclosed vehicle servicing bay, shipping/receiving area and storage room; and renovate all facades of existing structure. Dear Mr. &Mrs.James Roberts, The above referenced proposal was reviewed at the Site Plan Review Meeting of September 24, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals with the following conditions: • No floor drains permitted. • Applicant must seek Mass Highway approval for work planed within their jurisdiction. • Applicant to seek relief from Zoning Board of Appeals. Please be informed that a Building Permit is necessary prior to any construction. Upon completion of all work, a letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinance.must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Respectfully, Ralph Crossen Building Commissioner SPR Meefing Notes 09/24/98 Site Plan Review Meeting of September 24, 1998 Hearing Room, 2nd floor Barnstable Town Hall 367 Main Street, Hyannis Present: Ralph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer, Alan Twarog, Associate Planner, Thomas McKean, Health Division Director, Lt. Donald Chase, Hyannis Fire Dept., Chief Jenkins from West Barnstable Fire Dept., and Anna Brigham, Site Plan Review Coordinator. Also in attendance were: Mark Cohen for Powderhorn. Dan MacAdam for Common Ground. Kevin Shearer and Frank Green for Centerville Library. Scott Leroux for Leroux Home Occupation. Attorney John Alger for C. Murray anb International. Attorney David Lawler and Dan Ojala for cape Cod Ear,Nose and Throat. Jim Roberts and Mr. Richmond for Nantucket Sound. Meeting was called to order at 9:00 AM. Adjourned at 11:40 AM. SPR-070-98 Nantucket Sound,130 Iyannough Road(Rt 28)HY (311/028 & 030.002) • Proposal: Applicant proposes to construct a 24X24 2-story addition to existing structure to provide enclosed vehicle servicing bay, shipping/receiving area and storage room; and renovate all facades of existing structure. Addition will require a Special Permit and Variance(s) from the ZBA. Jim Roberts presented the revised plan. One curbcut has been eliminated. Parking lot has been restriped. Addressed State issues. State Highway representative has indicated no plans for changes within this area in the near future. • Planning had no comments. • Building Commissioner reviewed site plan revisions. • Hyannis Fire Department stated this plan works for their needs. • Health suggested a condition for approval: No floor drains should be allowed. • Engineering stated the traffic flow is improved. • Applicant discussed the VFW needs for this lot. Access for them must be maintained. Revised plan gives tractor trailer maneuvering space. • Engineering discussed ability to reduce impervious surface percentage. The new plan has reduced the amount from 97.6%to 90.6%. Applicant discussed need for tractor trailer deliveries to the new addition. • Architect Mr. Richmond stated the landscaped area will be bermed. Described drainage issues in rear of building. Discussed railroad ties and landscape area near addition. • Building Commissioner discussed island to be extended. Applicant must seek permit from Mass Highway. Planning discussed ZBA. Planning believes its a non conforming use and structure. Commissioner unsure. Believes this project can go forward without ZBA action. Use is not expanding, its already being done. This was further discussed. ZBA action needed for rear setback. • APPROVED with the following conditions: • No floor drains permitted. • Applicant must seek Mass Highway approval for work planed within their jurisdiction. • Applicant to seek relief from Zoning Board of Appeals. 1 SPR Meeting Notes 07/02/98 Site Plan Review Meeting of July 2, 1998 Hearing Room, 2nd floor Barnstable Town Hall 367 Main Street, Hyannis Present: Ralph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer, Alan Twarog, Associate Planner, Dale Saad, Health Division, Lt. Donald Chase, Hyannis Fire Dept, and Anna Brigham, Site Plan Review Coordinator. Also in attendance were: Attorney Michael Ford and Steven Haas for Sam Diego's. Arlene Wilson for Demelo Brothers. Jacqueline and John Joseph for Joseph Parking Lot. Jim Roberts, Eleanor Roberts and Rick Fenuccio for Nantucket Sound Informal. Lester Wade for Sturgis Charter School. Getchen Stone, Property Manager for Festival Mall, for the Burpee and Records Petting Zoo Informal. Dennis Aceto for the Barnstable Athletic Club Informal. Reverend Petzer for Living Hope Family Church. At the Staff meeting, the following proposals were reviewed: Colonial Candle altered driveway plan was approved. Victory Chapel proposal to use rear building requires formal Site Plan Review. Babcock Building at 276 Falmouth Rd was approved. Revised plan from Car'z was approved. Meeting was called to order at 9:00 AM. Adjourned at 11:50 AM. INFORMAL Nantucket Sound Addition,491 Iyanough Rd(Rt. 28),HY • Proposal: 24X24 2-story addition to accommodate protected car stereo installation, shipping/receiving and expanded storage space. Mr. Roberts presented the proposal. Described the need to refurbish the building. Business needs an indoor area for installations with storage on second floor. • Planning stated the building is non conforming and the use is non conforming. Proposal requires approval from ZBA. No need for additional parking for this use. Recommended a revised plan noting the percentage of impervious surface on plan since it is in the GP District. Also,parking must be shown on plan. • Health questioned floor drains. The Applicant stated there are non. • Fire Department addressed the use of the second floor. Discussed interior issues. Applicant stated the use currently is installation. They just simply needed a cover. Lot is all paved. Fire Department stated their access is adequate. • Engineering stated the plan must show parking space delineation. Applicant sated they are not striped. Commissioner clarified the parking. Applicant stated there are 27 spaces on the leased parcel. The land is leased from Cobb Trust. Commissioner also stated one lot line goes through the building. Mr. Fenuccio,the Applicants Architect,presented a revised plan. Lot is 10,000 square feet. It is lined but inadequate. • Building Commissioner addressed"pavement seam". Applicant is unsure what that means, but felt it was simply where pavement was added. Commissioner addressed design and building codes. Architect has had contact with the FAA. Stated the roof will be full,total height will be 28 feet. 1 SPR Meeting Notes 07/02/98 Commissioner reviewed parking and entire site. There are two curbcuts and one is shared with the VFW. Commissioner discussed site lighting. Applicant stated there are some on the building. Drainage was discussed. There are no basins. Applicant stated they do not own the other lot,just have a lease agreement. Drywells were addressed. The roof run off just runs off on to the pavement. Mr. Fenuccio stated the plan also includes new gutters and drywells. • Building Commissioner stated the revised plan must show drainage. There are drainage issues with the leased lot. Revised plan must show signage, lighting, dumpster location, and delineated parking spaces. Also, any plantings. The plan must show the percentage of impervious surface and percentage left in its natural state. Utilities must be shown. Applicant stated there are no tanks on site. • FULL SITE PLAN REVIEW NEEDED. Applicant is free to file with ZBA. 2 41 0 i 10 j X 7 1 Y 311 1 MAP129 # 480 Y 5- ® 2 311 �?n c 03 311 \� 30 1 `�- ��i. # 311 ' 3 -1 ; MAP 11 42 331 y� ® �f #4 #411 1, MAP 311 p1,•! r_. #46 ¢ MAP 311 MAP 311 �� X '�X 81 36 28 MAP311 #451 17— # M2AP�11 MAP 31 o MAP _- 91 3 4 oP0 #zEB o - i �-- ® 300 0' 2 MAP 10 ® MAP 328 #19 MAP310 #3 70 117 # 425 ROBERTS N MAP 311 PARCELS 28 & 30.002 491 IYANNOUGH RD w E HYAN N IS, MA s SCALE 1" = 120' g:lbamldgnVobeds.dgn Sep.29,1998 08:51:56 i .., 3 p�L�tn1 xrs�`/,v ,�`itfZLDSAtG - 2�0`u' t ��t c 1�(<Opoa�U Z. :3TY, AL-.UT- i I�3 i' 3 76 O $/z ooa N„N +. N rHr r WWW Z4 sp�� >-o tit�e.cD = 2Z F 2 t-IP YA�1 NNN OOO l..m9.m•1 S Z ) Lor Coutzrm A6ta a I t O v r Ilkc ac-Q : a{&.� t2 2$ to • ,, •� Gs S1+a, /!s a Ste' 37�s5� Qrzo, a-o (�I��►�.� 3 ..1 12tc ZFs ! I O 5F 6ss .5,1A 140 5 F Prop. Pluoflj� Ay-ras 799�57,9- R Cr✓e�ir� $ft A►'zK �O✓cSr (47S S F piropo•,,-p �=mt x as /S G 7F" �t'473 _ q6, �G /�47f 3 i 1 PGL . -7 71- 414f 3 BARNSTABLE MUNICIPAL AIRPORT BOARDMAN-POLANDO FIELD • BARNSTABLE. 480 BARNSTABLE ROAD, 2ND FLOOR MASS. g HYANNIS, MASSACHUSETTS 02601 +639• (508) 775-2020 i1lFo M�� FAX: (508) 775-0453 MEMORANDUM TO: Ralph Crossen,Building Inspector FROM: Benjamin C.Jones,Airport Manager DATE: May 7, 1997 SUBJECT: Paid Parking at Nantucket Sound Please refer to the enclosure. Over the past several years Island Airlines has provided free parking on the Sullivan property.Nantucket Airlines has paid Nantucket Sound to allow that carriers patrons to park at Nantucket Sound. Recently,we purchased the Sullivan property and discontinued parking there.Both airlines then signed an agreement not to provide passenger parking within 1/2 mile of the Airport Rotary. This ended the parking at Nantucket Sound,so we believed. Some passenger vehicles continued to park at Nantucket Sound after the agreement expired. It now appears that Nantucket Sound is going into the parking business on their own. This notice was posted on. the windshields of cars parked at Nantucket Sound. It appears to us to be an offer to allow paid parking. I believe this is a violation,and ask that you consider this as a complaint. S'"�r O�'I Zw Jim Roberts Nantucket Sound Airport Rotary Hyannis, MA 02601 April 29, 1997 Nantucket Airlines has just notified us that effective immediately that they are no longer leasing parking spots from us under an agreement with the Barnstable Municipal Airport. Your rights to park here have just ended with this agreement. We are interested in leasing a limited number of parking spaces in this lot directly with You. Our prices will be below what you have to lay at the airport. We are interested only in long-term agreements. with people who fly to the esla.nds . regularly. Please write down your name and adress and hone number and give this p paper to one of the sales associates at Nantucket Sound or call me directly at. (617) 749-7300 and . leave a message. If you know others that would like to park lease parking here let us know. Sincerely, R James Roberts General Manager Effective immediately you may not park here without the above agreements in place. }i r � yT BARNWAN" v fEDMAS& *99 AM Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1999-44-.Roberts Variance to Section 3-3.6(5) Bulk Regulations Summary: Granted with Conditions Petitioners: R.James and Eleanor E. Roberts Property Address: 491 lyannough Road(Route 28), Hyannis Assessoes,Map/Parcel: Map 31.1, Parcels 028 and.030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The applicants had applied for the same zoning relief in Appeal Nos. 1998-121 and 1998-122. Due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. At the last hearing, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with:the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They have submitted a letter from the Town Manager which authorizes the increase in height of the existing structure in accordance with Section 7 of Article IX: The property consists of 2 parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The.site is improved with a 2,474 sq. ft. retail auto stereo,store (Nantucket Sound). The applicants are proposing to construct a 24'x 24' two story addition to the southwestem portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and,expanded storage space. Presently, stereo installation occurs outside in the parking area. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100'front, 30'side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 1/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20' front yard setback or a front yard setback equal to the established building line, and,no minimum side or rear yard setbacks. Requested Relief; The applicants are seeking the following zoning .relief: Appeal No. 1999-44 -Variance.to Section 3-3.6(5) Bulk Regulations, to allow a two-story addition to encroach an additional foot into the required rear yard setback. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-44 Roberts Variance to Section 3-3.6(5)Bulk Regulations Procedural Summary:x This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 02, 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 April 7, 1999, at which time the Board granted the requested Variance with conditions. Hearing Summary: Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr. Roberts requested and the Board agreed to have Appeal No.,1999-43 and Appeal No. 1999-44 heard together. Mr. Roberts reported that he, and his wife Eleanor, own the business known as Nantucket Sound. He reminded the Board that they had applied for the same zoning relief last year in Appeal Number 1998-121 and Appeal Number 1998-122. They had been.before the Board on three separate occasions but due to unresolved issues regarding the-airport, they requested;acid the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. Previously, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They now have a letter from the Town Manager authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. As to the site itself, the proposal was before Site Plan Review and received approval on September29, 1998. One of the conditions of the approval was that one curb cut be eliminated and Mr. Roberts said he has applied to the Mass: Highway for permission to do the work. The lot is currently 97.6% impervious ,. and will be reduced to 90% impervious with the additions of plantings and the removal of hardtop. Also, in the.front of the building there will be a handicapped ramp making the store wheelchair.accessible. There is a letter in the file from Morton Sigel, Tekscan, Inc., who owns the building adjacent to the Nantucket Sound building. The letter states, "I have no objection to the construction taking place." E The plans that are before the Board tonight are exactly the same plans that were reviewed in detail when the Board heard Appeal Numbers 1998-121 and 1998-122. The Board Members were given all the information from those hearings and had no.further questions.` Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of April 7, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-44: - , 1. The Petitioners, R. James and Eleanor E. Roberts, are seeking a Variance to Section 3-3.6(5) Bulk Regulations. 2. The property address is 491 lyannough Road (Route 28), Hyannis, MA,just off the Airport Rotary, as shown on Assessor's Map 311, Parcels 028 and 030.002 The site is improved with a 2,474 sq. ft. retail auto stereo store known as Nantucket Sound. 3. The applicants are proposing to construct a 24'x 24'two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving..and expanded storage space. Presently, stereo installation occurs outside in the parking area or the work is done at a location down the street and the applicant must pay rent for the use of that building. This is a unique conditions exist that affects the locus but not the zoning district in which it is located and is a hardship to the applicant. 4. The property is located within an HB Highway Business Zoning District. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-44-Roberts Variance to Section 3-3.6(5)Bulk Regulations Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. 5. According to assessor's records, the existing building was built around 1960. From 1956 to 1983 the - property was within a B pistrict which allowed retail store/shops. In November of 1983, the property was rezoned to an HB District. Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal_Permitted Uses-in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. 6. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100'.front, 30' side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 4�/2 feet from the rear lot line and 11 feet from the western side property line.' The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960;'when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. 7: The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6% to 90.6%. The reduction in impervious coverage and the addition of landscaping will improve the existing conditions on this site. 8. The applicant intends to re-stripe the parking area and add landscaped islands with trees, as shown on the approved site plan. Some areas that are presently paved but not appropriate for parking will be striped as no parking areas. The new layout provides for better and safer traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. 9. This use does not substantially adversely affect the public health; safety, welfare, comfort or convenience of the community. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 10. The proposal received Site Plan Review Approval on September 24, 1998. 11. The applicant has a letter, dated March 09; 1999, from James D. Tinsley, Town Manager, authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. 12. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject to the following terms and conditions: 1. The proposed addition shall be located no closer than 3 1/2 feet to the rear property line and shall be developed in accordance with the approved site plan titled "Site Plan of Land at#491 lyannough Road Barnstable, Mass. for R. James& Eleanor E. Roberts"prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September23, 1998). 2. The building.shall not be expanded in total gross floor area or footprint beyond that permitted by this Variance without further relief from the Zoning Board of Appeals. The Vote was as follows: AYE: Richard Boy, Gail Nightingale, Gene Burman. Ron Jansson. and Chairman Emmett Glynn NAY: None Order: Variance Number 199944 has been Granted with Conditions. 3 i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-44-Roberts Variance to Section 3-3.6(5)Bulk Regulations This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 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. 4 Y r" Signed and sealed this — day of under the pains and penalties'of x F' Pedury• r tindaHutchenrider, Town Clerk ' I 4 • � S � r 3 t i � r • Planning Labels • 16- RefNo mappac owCaar;i owner2 addr 43 +44 city state zip 310 119 V a REALTY INC 777 DEDHAM ST V0742 CANTON MA 02021 ✓ 311 025 CAPE :-OD, BANK 6 TRUST CO 307 MAIN ST HYANNIS MA 02601✓311 026 PIiT:,:`i;?OiJLOS, JOHN TRS C/0 J 6 P HYANNIS 200 STUART ST BOSTON MA 02116 ✓' 311 027 Dl;�di'�I:.i H THOMAS POST 967 ROUTE 28 HYANNIS MA 0260.1 ✓311 028 Rc)d:.=GCS, R JAMES 6 ELEANOR P 0 BOX •27 Y e. ACCORD MA 02018 ✓311 029 JOHN D %RJR DEVELOPMENT .LLC 56 DAVIS STRAITS" FALMOUTH MA 02540✓ 311 030 001 K,4L:,'L`, N W & SIGEL, ,M H TRS %ROTARY REALTY TRUST P 0 BOX 293 MA MA 01529 ✓ a 311 030 002 R%)Edi;).`S,' R JAMES & ELEANOR P 0 BOX 27 , 311 032 F'i .ii.i;'iST ACCORD MA 02018 EIN, RUTH 160 MAYFLOWER TERR YA RMOUTH MA 02664 ✓�$r 311 033 A _ S1sRMAN CO INC 1159 MAIN ST BROCKTON MA 02404 f>311 035 001 Mi STANLEY W. PO BOX. 296 OSTERVILLE MA 0265 d',311 035 002 M70 ?,. 'riTANLEY W STANLEY PL HYANNIS MA 026011/ 311 036 J!)1•;Z: iJAVID. T 6 SHEILA M 4 BLACKBERRY LANE• HYANNIS MA 02601✓311 081 CAP_: ;:OD MITCHELL'S INC C/O MITCHELLS STEAK HSE 451 IYANOUGH RD HYANNIS MR 02601✓ 11 082 M_';i,.i LL, JOHN MITCHELLS STEAK HOUSE 451 IYANOUGH RD HYANNIS MA 02601 ✓'i328 070 PHI 7LOS, JOHN TRS 6 VINIOS, NICHOLAS, TRS 200 STUART ST a + 329 003 BOSTON MA 02116 ✓ 1 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA s � t filam x' t WE �� �� >SRVWN .�� s� ^yam Wiw MU RM WYM IS Vq �• - � AM Re" Rv a s e T 3 r 2 � la s & TU mw jAzig eaT�T_,'�' grin ,. TOWN OF BARNSTABLE i { CERTIFICATE OF OCCUPANCY--BLDG.PMT#51300 s PARCEL ID 000 000 204 GEOBASE ID ADDRESS 491 IYANNOUGH RD/RTE28 PHONE HYANNIS ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT PERMIT 60220 DESCRIPTION CERTIFICATE OF OCCUPANCY--BLDG.PMT#51300 PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 Oxt� � CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P (1 E ; * BARNSTABLF, • MA88. 16.39. A`0� ED INI� BUI IS ON BY DATE ISSUED 04/05/2002 EXPIRATION DATE ATM p�Y L'yV' IrlL'.�' :i�3�''¢'�;flrys'.�i�.i,..da l.a.� - b I I,!! '--ARCEIi 11D 0()0 bf 2t. .d4 G1?0 �A���ro Ili" Y ` 0 i 1.V�� -3 ..�iJ.al� t11�pf FAl L'+diit wi ON'TiLOT LOT s 61300 s7£t� ;i�I.� '. I aJ $ Lt (� ° 'E EI�Y '.'t3'i'I'iyj '�tl�q.{)vl ., L'[s NV CONTRACTOR; MOR AN, GEW-MD . ,li Department of Health, Safety. and.Environmental Services TOTAL FEES $122�00 BOND 43 NON.RZS./N'MMSXP. :131PD '(X)NV 1 Eye 1 VAT.1 ; * 9r'ABLF� - .MA83. 1639. A10�' fd . BUILDING Div I BY� DATE_ ISSUED 01/2 6f?0014. EXPIRATILON DA`I'` THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR,ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS'DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES-NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE"SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK: WHERE APPLICABLE,"SEPARATE= 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL WSPECTION 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PER ARE-'-REQUIRED FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL'FINAL INSPECTION HAS BEENMADE: ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY: VISIBLE.POST THIS CARD SO IT IS BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 3 2 o ��/ /e .2 ,1 S 7 b y 2 /001 ,00 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT L 302- 2 :.BOARD,OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL vvv I WORK"SHALL NOT PROCEED"UNTIL PERMIT WILL.BECOME NULL AND VOID IF CON INSPECTIONS.:INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS,NOT STARTED.WITHIN.SIX. CARD CAN BE ARRANGED:FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- .' TION. _ NOTED-ABQVt-` . _ TION: • BARNMBM � MAM- 039. ��i01F0�APr► _ . Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1999-43 -Roberts 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: Granted with Conditions Petitioners: R. James and Eleanor E. Roberts Property Address: 491 lyannough Road (Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The applicants had applied for the same zoning relief in Appeal Nos. 1998-121 and 1998-122. Due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. At the last hearing, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They have submitted a letter from the Town Manager which authorizes the increase in height of the existing structure in accordance with Section 7 of Article IX. The property consists of 2 parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store (Nantucket Sound). The applicants are proposing to construct a 24' x 24' two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. The property is located within an HB Highway Business Zoning District. Offices and banks are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District and is therefore nonconforming. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. Requested Relief: The applicants are seeking the following zoning relief: Appeal No. 1999-43 -Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB Highway Business Zoning District, in accordance with Section 5-3.3 Special Permit Provisions. According to Section 4-4.5 Nonconforming Use, "A pre-existing nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 02, 1999. A public hearing before the Zoning Board of Appeals was duly advertised and notices r ` Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 7, 1999, at which time the Board granted the requested Special Permit with conditions. Hearing Summary: Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr. Roberts requested and the Board agreed to have Appeal No. 1999-43 and Appeal No. 1999-44 heard together. Mr. Roberts reported that he, and his wife Eleanor, own the,business known as Nantucket Sound. He reminded the Board that they had applied for the same zoning relief last year in Appeal Number 1998-121 and Appeal Number 1998-122. They had been before the Board on three separate occasions but due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. Previously, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They now have a letter from the Town Manager authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. As to the site itself, the proposal was before Site Plan Review and received approval on September 29, 1998. One of the conditions of the approval was that one curb cut be eliminated and Mr. Roberts said he has applied to the Mass. Highway for permission to do the work. The lot is currently 97.6% impervious and will be reduced to 90% impervious with the additions of plantings and the removal of hardtop. Also, in the front of the building there will be a handicapped ramp making the store wheelchair accessible. There is a letter in the file from Morton Sigel, Tekscan, Inc., who owns the building adjacent to the Nantucket Sound building. The letter states, "I have no objection to the construction taking place." The plans that are before the Board tonight are exactly the same plans that were reviewed in detail when the Board heard Appeal Numbers 1998-121 and 1998-122. The Board Members were given all the information from those hearings and had no further questions. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of April 7, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-43: 1. The Petitioners, R. James and Eleanor E. Roberts, are seeking a Special Permit pursuant to Section 3-3.6(3)(A)Conditional Uses in the HB District. 2. The property address is 491 lyannough Road (Route 28), Hyannis, MA,just off the Airport Rotary, as shown on Assessor's Map 311, Parcels 028 and 030.002. The site is improved with a 2,474 sq. ft. retail auto stereo store known as Nantucket Sound. 3. The applicants are proposing to construct a 24' x 24' two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area or the work is done at a location down the street and the applicant must pay rent for the use of that building. This is a hardship to the applicant. 4. The property is located within an HB Highway Business Zoning District. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. 5. According to assessor's records, the existing building was built around 1960. From 1956 to 1983 the property was within a B District which allowed retail store/shops. In November of 1983, the property was rezoned to an HB District. Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. 2 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 6. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100' front, 30' side and 20' rear yard setback required on the property. The northwest corner of the building is partially located within the right-of-way for Route 28. The building is located approximately 41/2 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20' front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. 7. The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6%to 90.6%. The reduction in impervious coverage and the addition of landscaping will improve the existing conditions on this site. 8. The applicant intends to re-stripe the parking area and add landscaped islands with trees, as shown on the approved site plan. Some areas that are presently paved but not appropriate for parking will be striped as no parking areas. The new layout provides for better and safer traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. 9. This.use does not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 10. The proposal received Site Plan Review Approval on September 24, 1998. 11. The applicant has a letter, dated March 09, 1999, from James D. Tinsley, Town Manager, authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. 12. 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. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject to the following terms and conditions: 1. The property shall be developed in accordance with the approved site plan titled "Site Plan of Land at #491 lyannough Road Barnstable, Mass. for R. James & Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The use of the property is limited to a retail store for the sale of home and office electrical equipment, (radios, televisions, stereos and other small electronics) inclusive of installation of auto stereo equipment. 3. There shall be no floor drains in the new addition. 4. The applicants must seek Mass. Highway approval for all work planned within their jurisdiction. 5. All requirements of the Health Division, Building Division and Hyannis Fire Department must be met. Discussion: There was a discussion regarding the parking to the rear of the site. The applicant has an easement for those spaces. There is enough parking on site without counting those spaces. It was recommended those four spaces in the rear be used for employee parking only. The Vote was as follows: AYE: Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 199943 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 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 of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 Town of Barnstable D� °F 77 t r T Regulatory Services O c i� o o!. " BMMSTABLE, " Thomas F.Geiler,Director 9 MASS. g 639. Building Division By Peter F.DiMatteo, Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 NOTICE TO THE BUILDING DIVISION OF LICENSED CONSTRUCTION SUPERVISOR ASSUMPTION OF RESPONSIBILITY t I, 1RpL,k+.i a '3• G-n1 34 A.%J) , Construction Supervisor License # CS OGsI s 7 , hereby certify that I have assumed responsibility for the project under construction, as authorized by building permit# 5) 3 issued to (property address) `f`I In QWAIDiIGi� on la&1 2001 . The following documents are attached:. t,,opy of my Massachusetts State Construction Supervisor's license or Homeowner's License Exemption form (if applicable) copy of my Home Improvement Contractor registration (if applicable) ✓Commonwealth of Massachusetts Workers' Compensation Insurance Affidavit. Road'Bond (if applicable) LICENSE HOLDER DATE q/forms/newcontrb r The Commonwealth of Massachusetts Department of Industrial Accidents Q. -- '- , -_ - Ofllce of/m�estigat/oas _ 600 Washington Street Boston,Mass. 02111 Workers' C �a flop Insurance AM name: location: city phone# ❑ I am a homeowner performing all work myself. ❑ I am a sole prc rietor and have no one workin in anv capacity 'r///��// %%% /%%%%%///%//------ �%�%------ am an em to er providing workers' compensation for my employees working on this job. :.' : . ::.: :: . ..... . . comaanv name C:a�. E address # :' ' cites �l. .............. :''. ...... ts. .. :.:.. ❑ I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: .........................................:..::.:.::::::::::::::::::::.,..::::::..:::: MENEM" ::»>: .cam an. ;name: ::.:::•::.:: X. . ...................................... ..:.::::::•::::.:, :.::::::....... ........... ..,.t• X. e . X. o htm ::::::::::::::::::::'vvr:::.v:nw::.�:::::::::v:::::.�::::::v::::::::::.�::::..::j;:C•:::•ii:??:Ellin:•:???i?L:^i:iiiii i•:ii:�ii:ii•iY:::is ii:?i4i}?::: ......................................................................................................................................................... :::'::1: ::ii:::isi>.;::i:•:;{ :•F::i'i>.':i:::iiv:n::iiii'::::iii:{ ::..::.ii::::::i:::::::::::i:i:::jv'•i:.i:j: 'i olily ln�niaa c address; ......: ....' ..........:..;::::..;:..:.:::.;:.;:.:::;.;' ..... ...... .:......... h ..... ............................. .. ........::. .......... i`�:<ii:ii:::: ::j;:; }:' ... ?i:S,:'-.`%+:: ::::)j:{:ii::ii:i: Fai>m a to secure coverage as iegaired under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to a1,800.00 and/or one years'imprisonment as wen as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a COPY of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby eerti under the pains and es of perjury that information provided above is true and correct Signature Date Pr2 # Print name � LA,.W ( (An(s'iWA-&11 � r6 ev .�.x- c. stfx�✓t:> ;.�'hane r� official use only do not write in this area to be completed by city or town official city or town: permit/license# ❑Bu0�g Department ❑Licensing Board ❑checkif immediate response is required ❑Selectmen's Office _ ❑Health Department contact person: phone#, ❑Other�� (mind 9195 PIA) , Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. individual, partnership, association, corporation or other legal entity, or any two or more of An employer is defined as an ual, p p, IP the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee 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 section 25 also states that every state`oulocal 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 produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor;any of its:political subdivisions ,shall enter into.�anX contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this cliapterhave'been preseiited:to the contracting authority. .. _ r"•.. ,"�\ s."•� r_ � ._ \ .54,:� ^t j...you jT l4'`.`jc-.`�',r.� j Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names,address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of It 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. City or Towns,. 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. The affidavits may be retuixa to the Department by mail or FAX unless other arrangements.have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. _ 'Tlie Department's address,telephoneand,faxnumber: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of lntlesdoadens 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 eat. 406, 409 or 375 Con � '°'� GROUP IN f� CORPORATE - O 2277 c'?�e Road•Suite.H • Plymouth MA 02360 Mailing Address:.P.O.Box 278•Sagamore Beach,MA 02562 Phone:508-888 6555 Roy Catignani fax: 50.8-888-6566 Email: rcatignani@conservg'roup.com_,° �a�—w - - _ __ _- ,�✓u �� Cz�-�.� d�l�Gy ��� G���'✓U � ����� f J f1 /�/��b I a !J f J ' • i ..;• / .t ! ,`' { 1 / r 4 ill iz b � •! I r.'.J! ��t 1k' ✓T BOARD OF BUILDING REGULATION: License:,CONSTRUCTION SUPERVISOR Number-d$ 005157 t + Expires 05/2372002 Tr.no: 22818 Restricted TO: 00 t tt 1 JS µ ROLAND B CATiGNANI if r+1 ..60.GEMINI DR W BARNSTABLE, MA 02668 ' , °• +1 Administrator } �F. C� W 1. Q Ii G- ilCrIw HOME THEATER r OR4 E SHIPPING U #46 !.> 70 3 ' .i i R5 TVI_._..._ iou t.T 09 . - Z OiT4E AREA i w4l , � c SPEAKERS - f _--'_______________.._.---'-7,".. HOME THEATER - I SINInO ROOM 1—•—.�,� �17� � - ( b2 �61Q5 wi �R - isi P !,— ----------------- IL __ i / FF7 ALL WORK SHALL CONFORM TO LOCAL BUILDING CODES - ,N VERIFY ALL DIMENSIONS ON SITE T ---b. ---- LEGEND - I #15© #1`I 6'- #13 EXISTING 2 X 4 HALL 5 3 16 wAAi "I ROOE.1;' NEW WALL ----- ----------------- -- -------- L--�, c .. ".CONS;TftUCTIQIdSUPERVISOR 4 ¢ Number CS O47744 ,1962a ,ExpirBss`09107­/24601 Tr.no: 3824 L RestncGel'To: 00 C GERALD F MORGAN 435 OAKLAND RD �;1 �� HYANNIS, MA 02601 Atlminisiritor { t � �I R ?b CF THE tpw Town of Barnstable BARNSTABLE, = Assessing Division 9 MASS. Qp 1639. 367 Main Street,Hyannis MA 02601 ArFD MA't A Office: 508-862-4022 Robert D.Whitty FAX: 508-862-4722 Director of Assessing Mitchell Trott Building Dept. Town Hall 367 Main St. Hyannis, MA 02601 January 25, 2001 MEMO Re: Parcels R311-028 &R311-030.002 Dear Mitch, This memo is in regards to the two parcels mentioned above and owned by R. James Roberts. He has requested that I inform the Building Dept. that he has requested that the Assessor's Office combine the two parcels R311-028 & R311-030.002 into one. We will grant his request to combine these two lots but the change will not be reflected until the Fall 2001 tax bill. The new parcel.number for both lots will be R311-028. Mr. Roberts was hoping that this information would facilitate an issuance of a building permit in his favor. Please let me know if I can provide any more information. Thank.you. Jason R. 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I understand that a copy of fhb statemeat may be forwarded to the Once o[Iavesti;atlons of the DIA for coverage veiincatlon. 1 do hereby certify=der the pains and penalties ofperlurY that the wfbmution provided above u truce and coned g�� ,•,��--� o� Date oi�/d�al - Print name -------------- oindai use only do not write in this area to be completed by city or town ofndal city or town: perudWcwe# rIBuRdhig Depar't+nmi oucensing Board ❑checkif immediate response is required Oseleetmm's Of ce _ QHeaith Departmad contact person: phone#, ❑Other Umged 9l9S PJM Information and Instructions . Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", 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 receiver or trustee 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 section 25 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 produced acceptable evidence of compliance with the insurance coverage required. Additionally,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 -`d{ Please fill in the workers' compensation affidavit completely,by checking the box that applies to your siduation and 1 , names,address and hone numbers along with a certificate of insurance as all affidavits may be ~,. supplying many p �F Y submitted to the Department of Industrial Accidents for canfirmatim of insurance coverage. Also be sure to sign an date the affidavit. The affidavit should be returned to the city or town that the application for the permitor 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' compensatiah policy,please call the Department at the number listed below. 10, ZMI City or Towns Please be sure that the affdavit is complete and printed legibly. The Deparrment 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 apphcanL Please be sure to fill in the per l=nie nimtbex which will be used as a reference nunlier. The affidavits may be retuned to the Department by mail or FAX unless other arrangements have been made. The Office of investigations would lie to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. WAWA M The Department's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents Office of inlle:tloallons 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 eat. 406, 409 or 375 i ul TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Pa cel Permit# 1 1Jr�3 Health Division Date Issued Conservation Division Fee orfi OZ5 Tax Collector 11 30 ao L4i Treasurer Planning Dept. ""VCAIVT T OB TAN A SEWER Date Definitive Plan Approved b Planning Board ftN 1NBEinV(;" oM UHF, PP Y 9 vt8tok Fluor To Historic-OKH Preservation/Hyannis Project Street Address `1'� Village n VG h h 11 Owner t� , .�ri Me,S, -,���u.�no r fl6 Address 4 0,14 C tkSk i g!! _SS. ��Y1a Yt2 Telephone 2 E� ) r7*q— A DO J Permit Request rel o rates a in P X 1 1`1 h 6 e_Vh I e-- " ro?>rn , s ✓1 oz)m Qtn� � � r S brio room . Square feet: 1st A2 existi g�O proposed� 2nd floor: existing _ proposed Total new400 Valuation . Zoning District Flood Plain Groundwater Overlay Construction Type W 0 0 J Lot Size + .� acres Grandfathered: Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) C'om m ex La, Age of Existing Structure Historic House: ❑Yes- XNo On Old King's Highway: ❑Yes XNo Basement Type: ❑Full ❑Crawl ❑Walkout Other /2-At/I Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing _ new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: P(Gas ❑Oil ❑ Electric ❑Other Central Air: VYes ❑ No Fireplaces: Existing f New Existing wood/coal stove: ❑Yes WNo Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:Ahisting ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial kes ❑No If yes, site plan review# Current Use 5+0Y e_ Proposed Use t'e.4-Ci 1 54p ra- FOR OFFICIAL USE ONLY i r t PERMIT NO. ' DATE ISSUED _ C , MAP PARCEL'NO. ' 44 ADDRESS ' ' VILLAGE OWNER + w DATE OF INSPECTION` FOUNDATION FRAME { ti INSULATION ,y FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH 'ti FINAL GAS: ROUGH FINAL + r • FINAL BUILDING DATE CLOSED OUT r ' '' ASSOCIATION PLAN NO. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ; Map 1 N Parcel ©a lS t o3o' 00 Permit# Health Division Date Issued Conservatiorf'Division Fee Tax Collector Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board g Historic-OKH Preservation/Hyannis ' Project Street Address `A q =Vciv\r\oy!�A k-% R c� Village MyAnni Owner R. -an ,s -, 'Uta os 10beIAS, Address `lay (°�_s1.C.�ag4- V\i r,g4►aw. M�v 3 Telephone C14 q`i q — 0100 k Permit Request To A�Qc oeca Qm FA bC.Av-eom r (ze ov4 AL 1 16.✓ ICQA r\nc ! n �Lr 1i ksOn Qh A& s-tt,trc, Y1{c.J �i� V i('l[)�r ?tAd- �i ?"Un Square feet: 1 st floor: existing d S-ao proposed asa y 2nd floor: existing ,L//A proposed .v/d Total new 0 Valuation ,rn Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size 3S 'A a res Grandfathered: W Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ 'Two Family ❑ Multi-Family(#units) C o w.w.rr a cc.1 Age of Existing Structure yo+ Historic House: ❑Yes ©'No On Old King's Highway: ❑Yes dNo Basement Type: ❑Full ❑Crawl ❑Walkout 9Other PdG� Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing 0 new 0 Half:existing 1 new Number of Bedrooms: existing — new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: 4 Gas ❑Oil ❑ Electric ❑Other Central Air: W 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:W existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial W Yes ❑No If yes, site plan review# Current Use R A&A A5 '),a Proposed Use 12 or BUILDER INFORMATION Name �ec�1�Q �. Telephone Number r? Address `135- 0V4Y,\ur64 a(I• License# oy:I} yy )A -s Yvl y oa(,C)l Home Improvement Contractor# Worker's Compensation# w C_ ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO _C ZcCS�e m ti.ee a onr?yl SIGNATURE cam- e DATE FOR OFFICIAL USE ONLY PERMIT NO. - DATE ISSUED MAP/PARCEL NO. ADDRESS .VILLAGE OWNER ? DATE OF INSPECTION: , FOUNDATION FRAME _ INSULATION r _ . FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL 1 - A GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT - ASSOCIATION PLAN NO. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ��g� ,�.� • -. , - .• is � _ • Map 31 j Parcel ®D Permit# Health Division � � -�� / '. Date Issued Conservation Division 7 A-1 C_ Fee 8� �•Q®; ti Tax Collectors} Treasurer c ^ Planning Dept. �,,�+rt c 1 IOC t , ; : i � i��l' ° ?�• Date Definitive Plan Approved by Planning Board - ell� Historic{OKH Preservation/Hyannis Project Street Address ;` � .4J�i✓Dt/r5i 1-� eai 1J / �V1 ��� Village 0-1AJ IS - �r• Owner1Z•T_1 .*In Address ?D lbfy_� -17 , &6,1-AD ogOk- Telephone /71 I,- IN 3 6A 8! lyl— so o Permit Request AD071-1d-,✓A,,Jon A-n&-JS moo' Square feet: 1 st floor: existing a' l proposed 516 iE 2nd floor:existing _ proposed 576 Total new PSA Estimated Project Cost /��i�®�DOD Zoning District 148 Flood Plain Groundwater Overlay 6e_ Construction Type "1 ,k4xlE Lot Size • 3 It Grandfathered: ❑Yes [�lo If yes, attach supporting documentation. .Dwelling Type: Single Family ❑ Two Family ❑ Multi=Family(#units) tom Age of Existing Structure '3 Historic House: -❑Yes ❑No On Old,King's Highway: ❑Yes ❑No ' Basement Type: ❑Full ❑Crawl ❑Walkout Other PAATidL 6iA g �(12�4a11E Basement Finished Area(sq.ft.) ` Basement Unfinished Area(sq.ft) Number of Baths: . Full:existing new Half:existing new Number of Bedrooms: existing new _ Total Room Count(not including baths): existing S new First Floor Room Count Heat Type and Fuel: [a'Gas ❑Oil ❑Electric ❑Other Central Air: E6es ❑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 R'Appeal# till — `� Recorded❑ Commercial W�es ❑No If yes,site plan review# ,Current Use Proposed Use 1'#A4,C BUILDER INFORMATION ►t Name IA16 Telephone Number Sdd Fr_ C ss Address Razwrr • - CAT1,1��i D ;?u £� License# cs jo his 17 AW Home Improvement Contractor# Worker's Compensation# 6D_3 S.3 X3 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO eesOt/ng ae�/ SIGNATURE ATE be I FOR OFFICIAL USE ONLY ^ PERMIT,NO. '�I�' /�' ;r: �t i- a •• :i' DATE ISSUED MAP/PARCEL'NO.• ADDRESS � VILLAGE Z: : OWNER DATE OF,INSPECTION �."� fir;', + '�� � '"" '- ` H• . . ' '. - `` FOUNDATION FRAME INSULATION - . z • + t FIREPLACE F �' r�i!"". - Y i.•>• `'a t � --' • _ `' * t s,i ' � ,; —• t ram.' l+ ±` F ELECTRICAL: ROUGH 3 FINAL ` f PLUMBING: ROUGH FINALY GAS: ROUGH F FINAL FINAL BUILDING=, r/ `c�0 t J t"< - .4 DATE CLOSED OUT ? v ASSOCIATION PLAN NO. t11! The Town wn of Barnstable MAW ' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 29, 1998 Mr.&Mrs.James Roberts PO Box 27 Accord, MA 02018 Re: SPR 070-98"\ Nantucket Sound,130 Iyannough Road (Rt 28) HY (311/028& 030.002) Proposal: Applicant proposes to construct a 24X24 2-story addition to existing structure to provide enclosed vehicle servicing bay, shipping/receiving area and storage room; and renovate all facades of existing structure. Dear Mr. &Mrs.James Roberts, The above referenced proposal was reviewed at the Site Plan Review Meeting of September 24, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals with the following conditions: • No floor drains permitted. • Applicant must seek Mass Highway approval for work planed within their , jurisdiction. • Applicant to seek relief from Zoning Board of Appeals. Please be informed that a Building Permit is necessary prior to any construction. Upon completion of all work, a letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinance must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Respectfully, Ralph Crossen Building Commissioner SPR Meeting Notes 09/24/98 Site Plan Review Meeting of September 24, 1998 Hearing Room, 2nd floor Barnstable Town Hall 367 Main Street, Hyannis Present: Ralph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer, Alan Twarog, Associate Planner, Thomas McKean, Health Division Director, Lt. Donald Chase, Hyannis Fire Dept., Chief Jenkins from West Barnstable Fire Dept., and Anna Brigham, Site Plan Review Coordinator. Also in attendance were: Mark Cohen for Powderhorn. Dan MacAdam for Common Ground. Kevin Shearer and Frank Green for Centerville Library. Scott Leroux for Leroux Home Occupation. Attorney John Alger for C. Murray anb International. Attorney David Lawler and Dan Ojala for cape Cod Ear,Nose and Throat. Jim Roberts and Mr. Richmond for Nantucket Sound. Meeting was called to order at 9:00 AM. Adjourned at 11:40 AM. SPR-070-98 Nantucket Sound,130 Iyannough Road(Rt 28)HY (311/028 & 030.002) • Proposal: Applicant proposes to construct a 24X24 2-story addition to existing structure to provide enclosed vehicle servicing bay, shipping/receiving area and storage room; and renovate all facades of existing structure. Addition will require a Special Permit and Variance(s) from the ZBA. Jim Roberts presented the revised plan. One curbcut has been eliminated. Parking lot has been restriped. Addressed State issues. State Highway representative has indicated no plans for changes within this area in the near future. . • Planning had no comments. • Building Commissioner reviewed site plan revisions. • Hyannis Fire Department stated this plan works for their needs. • Health suggested a condition for approval: No floor drains should be allowed. • Engineering stated the traffic flow is improved. • Applicant discussed the VFW needs for this lot. Access for them must be maintained. Revised plan gives tractor trailer maneuvering space. • Engineering discussed ability to reduce impervious surface percentage. The new plan has reduced the amount from 97.6%to 90.6%. Applicant discussed need for tractor trailer deliveries to the new addition. • Architect Mr. Richmond stated the landscaped area will be bermed. Described drainage issues in rear of building. Discussed railroad ties and landscape area near addition. • Building Commissioner discussed island to be extended. Applicant must seek permit from Mass Highway. Planning discussed ZBA. Planning believes its a non conforming use and structure. Commissioner unsure. Believes this project can go forward without ZBA action. Use is not expanding,its already being done. This was.further discussed. ZBA action needed for rear setback. • APPROVED with the following conditions: • No floor drains permitted. • Applicant must seek Mass Highway approval for work planed within their jurisdiction. • Applicant to seek relief from Zoning Board of Appeals. l DEPARTMENT OF PUBLIC SAFETY CONSTRU£T:ION SUPERVISOR LICENSE Y is _ Number. v .Expires: k Rests'ase ,TO:' RD111 LANi B .GATIGNANI 60 GE MI t W BARNSTABLE, MA 02668 veparrment ui inausinat 4cct enrs office allayestfgatf®ffs 600 Washington Street �� - Boston Mass. 02111 Workers' Com nsationinsurance davit /%%%% ✓ tl ' i ` I�%��%��%///////// /////��/r, /%//��/////�%%/�////% name: r location: city phone# ❑ I am a homeowner performing all work myself. ❑ I am a soles proprietor and have no one world in anv capacity Q'I am an employer providing workers' compensation for my employees working on this job. compnnv name: address: •• "' '• city: #( Atom phone#: insurance co. A,4-0 Tp� 51A-117 NISV4. C, noiicv ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the follo«ing workers' compensation polices: comoanv name: address: dtv: phone#-... . ..... insnrnnce Co. . . .........: oiin+#.. i:: ... . �:..w..:...... comnanv name- xv;,,,.>.: address- city- phone 9- .., . .: :,:;....: :;:: . ...::•• irunrnnce co. Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a,ane up to 51.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a Qne of S100.00 a day against me. I tmderstand that a copy of this statement may be forwarded to the Otlice of Investigations of the DIA for coverage verinntion. !do herehy cc 'y r the pains and pe of perjury that the7:A& tian provided above is true and correct Signature Date Print name (- �T1 A i JA7,A Phone tl 43 J? ''w-4 S&� (C,c� ial use only do not write in thin area to be completed by city orttnm oflIciai or town: permit/Iiceuse 0 QBuiiding Department❑I.lcenstng Boardheck if immediate response is required ❑Seleeenen'a Otdce❑Health Departmenttact person: phoned; ❑Other �levum y95 PJAI Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation'for r employees. As quoted from the "law", an employee is defined as every person in the service of another under any cc--— 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 c: the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the recce,•e: _- trustee 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 ofthe dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house or on the rrouu s building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renew of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither-the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work midi a insurance evidence of compliance with the ins„rnce requirements of this chapter have been presented to the coo zc4—= authority. Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of instum=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 re garding the are required to obtain a workers' compensation policy, please call the Departn=at the number listed below. or if you City or Towns ���� Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of tl:e affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicanL please be sure to fill in the peimit/licemse number which will be used as a reference number. The affidavits may be returned io the Department by marl or FAX unless other anzngemeats have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. On The Depautnent's address, telephone and fax number: � /�; The Commonwealth Of Massachusetts Department of Industrial Accidents 0mca of Imresduatloas 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 exL 406, 409 or 375 02/28/2000 12:57 5088686566 CONSERV GROUP INC PAGE 01 f`f ConSery Group, Inc P.O. Box 278, Sagamore Beach, MA 02562 Phone(508)888`6555 Fax(508)88816566 " " " " FAX IRAN, MITTAL. SHEET z LOW I s;ti�11 ems- � N FAX#: A� FROM: &444-Son DATE: Number of pages including cover sheet: MESSAGE: - J -- �, n r v if transmittal is incomplete,or if it was received in error,please call ConSery Oruup,Inc, at 508-888-6555 02/28/2000 .12:57 5088886566 CONSERV GROUP INC PAGE 02 I~ ENUCC10 & RICHMOND ARCHITECTS INC. 923 Main Street, Rte. 6 A Y,trnouthport, MA 02675 40-48 North Main Street.,Middleboro,MA 02346 [ Tel: (5 0 8) 3 6 2-H t R 2 Fax,(508)362-2828 Telephone: (5 0 8) 923-4616 f 25 February, 2000 Mr. Rick Anderson The Con.Sery Group, Inc. 110 State Road, Suite 9 P.O. Box 278 Sagamore Reach. MA 02562 RE: Nantucket Sound Front Sloped"Walkway Dear Rick: 'hanks for your cal l regarding the sloped walkway to the front door at Nantucket Sound. The walkway has been designed and built with a slope of l:20 or less and therefore falls within the definition of a walkway under 521 CMR 22 (the Handicapped Access code). It is NOT a ramp. because the slope is 1,20 or less,and, therefore, handrails are not required. Further,guards pare not required because the drop to grade does not exceed 30"as per 780 CMR 1005.5. As we have discussed,it is the intent to make a planting area adjacent to the walkway. thus reducing the drop to grade to something more like 6" or 8". I hope this information is helpful. Please let me know if I can be of further assistance. Very truly yours, Fenuccio & Richmond,Architects, Inc. 5 William H. Richniond WHR/mm Web Situ www.f-t-architect" f-tttaik fmandrich@capecod.net - - ���� `3�� - 030 -ooZ � . � ��� - �J� �'�� 11/02/1599 1 :11 50888SE-566 =1NSE4J GROUP INC PAGE 01 .$ mov %.-.J-J%nnoejL uromp, In%.. P.O. Box 278, Sagamore Beach, MA 02562 Ph`ne(50S)888-6555 _ Fax(508)888-656.6 V,,. ,, ,,,,,,,,,,. „ ,, , -...,,,,, �� v FAX TRANSMITTAL SHEET DATE: Num..be r of page's including cover sheet: f � ff transmirai is incosnnicte."Cir if it-was received in error,please call ConSery Group, inc.at 508-888-6555 r 11/02/1999 13:11 5088886566 CONSERV GROUP INC PAGE 05 1 - - -34- . r ESQ! PIERS (TYP) 1 � SCHEMATIC PLAN LAYOUT EXIST FND WALL EXIST REPLACE EXIST SILL SLAB — '+W./ OGLE PT 2"x 4" I — NEW FLASHING NEW POURED CONC FILLER BETWEEN SLABS (REINF W1 2-- 5 RE—ROD) EXIST SLOPE TOP FILL ;"'fir RIGID INSULATION FORM EXIST SPACE WITH CEMENT HAUNCH NEW POURED CONC PIER HAND DUG (NO FORMS) Y. ,r,;t eon moo.. .. AT 12'=® ON CtNTES`i REINI` W/ WIRE MESH MIN 20" SO BASE INTrRMITANT PIER I ; DETAIL Il f _ sr > *at wa o � h N AN TU„K._ I SOUND :® DWC: NIA. 02s62 I-+YANP�IS M:A FOUNDATION Tol: 308-899-sass F&c: 308-888-65SS REPAIR 11/02/1999 13:11 5089886566 COPJSER'u GROUP INC P43E 64 V EXIST FND WALL REPLACE EXIST SILL EXIST EXIS " W/ DBLE PT 2sox 4 - --SLAB NEW SLASHING NEW POURED CONC FILLER BETWEEN SLABS (REINS ;' ---. Wf 2®#5 RE--ROD) EXIST ,. SLOPE TOP FILL ��': ' �'�`_ +' ®'.a , •' STONE EXIST g :�'�-'`.` `. -`� RIGID INSULATION EQRI r,,;; �v,.. HAUNCH .` SPACE WITH CEMENT �'. a;' `;' ®RICK CON TI !"N' U 0 U S FOUNDATION' REPAIR DETAIL. fin,,, .�...� - �....._.® _ �sty�aS Prefect: 0ea' �/as ' sa f° s NANTUCKET SOUND �� DING, o2sta HYANNIS MA FOUNDATION Tel: SOffi-8868-6535 Fax.- sOS-488-6s55 REPAIR R I 11/02/1999 13:11 5088886566 CONSEPW GiRDUP INC. PAGE 03, M-1 F AFI+,.Hi!U21 -34 W PIERS c PLAN LAYOUI EXIST F*ND WALI Exits REPLACE EXIST SILL SLAB W1 DBLE PT 2-x 4" NEW FLASHING NEw POURU) CONC I-F UER BETWEEN SLASS (RE;NF EXIST W/ 2-6 RE--ROOD SLOPE TOP FILL -Z"RIGID !NSvLArICN FORM SPACE WITH (WE-MENT EXIST BRICK HAUNCCH �{ ..R.' A • '8`J NEW POURCC) C:ON- PIER HAND DUG (NO FORM) AT 12'=-- ON, "FNTE R RLINF W/ WRE MESH MIN 20*' SQ BASE A -'r-. RMITANT PER p,l rr<,-775, 1^e., �7 msav NAN"r, SOUND DWG: VA FOUNDATION REPAIR R 21 11f02f1999 13:11 5088886566 CONSSRV GROUP INC PAGE 02 ti - 11/01!1999 PEh1 f'IChI ARCHIiEC:T F'6a: E +?3 IIi f LEXIST FNG WALL EXIST REPLACIZ rXIST SILL SLAB W/ DBLE PT 2"x 4" F'r" 5HEAerMir,46 FLASHING � NEW POURS® CONC FILLER BETWEEN SLABS (REINF ... .".... W/ 2--- #5 RE ROD XIST LL .. SLOPE TOP STONE !S� RIGID INSULA ' I®I� F ®RM UNC` SPACE WITH CEMENT BRICK CO-VIN U FOUNDATION ► ION AIL AIR DF IAA:;, sery wage AA*" WG ®s sat 355 HYANtN.!S MA I FOUNDATION ! ' REPAIR ' THIS DOCUMENT HAS NOT BEEN RECORDED d�TME►b,� FILE COPY ONLY! '99 AFF 16 F Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 199943-Roberts 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: Granted with Conditions Petitioners: R.James and Eleanor E. Roberts Property Address: 491 lyannough Road(Route 28), Hyannis Assessor's Map/Parcel: Map 311, Parcels 028 and 030.002 Area: 0.38 acre Building Area: 2,474 sq.ft. Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The applicants had applied for the same zoning relief in Appeal Nos. 1998-121 and 1998-122. Due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without. . Prejudice. The property lies very close to a runway protection zone of the Airport. At the last hearing, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances (Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They have submitted a letter from the Town Manager which authorizes the increase in height of the existing structure in accordance with Section 7 of Article IX. The property consists of 2 parcels totaling 0.38 of an acre just off the Airport Rotary in Hyannis and is commonly addressed as 491 lyannough Road (Route 28). The site is improved with a 2,474 sq. ft. retail auto stereo store(Nantucket Sound). The applicants are proposing to construct a 24' x 24'two story addition to the southwestern portion of the existing building. The additional space will be used to accommodate car stereo installation, shipping/receiving and expanded storage space. Presently, stereo installation occurs outside in the parking area. The property is located within an HB Highway Business Zoning District. Offices and banKs are the only uses allowed as Principal Permitted Uses in the HB district. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District and is therefore nonconforming. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning Board of Appeals. Requested Relief: The applicants ryaryre seeking the following zoning relief: r�i.}'soaal `Nu. 99`3-4J -Silecia; PeFlli PU- suartt to Sec io:l 3-3.t3,3,(A; ses i t::e .+3 Fiignmy Business Zcning District, in accordance wah Section 5-3.3 Spacial Pe;;n;t P'-ovcsio,s. Accordi':-.g to Section 4-4.5 Nonconforming Use, "A pre-existing nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located..." Retail stores/shops are a conditional use within the HB District. I is Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 02, 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 April 7, 1999, at which time the Board granted the requested Special Permit with conditions. Hearing Summary: Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn. James Roberts represented himself before the Board. Mr. Roberts requested and the Board agreed to have Appeal No. 1999-43 and Appeal No. 1999-44 heard together. Mr. Roberts reported that he, and his wife Eleanor, own the business known as Nantucket Sound. He reminded the Board that they had applied for the same zoning relief last year in Appeal Number 1998-121 and Appeal Number 1998-122. They had been before the Board on three separate occasions but due to unresolved issues regarding the airport, they requested, and the Board granted, a Withdrawal Without Prejudice. The property lies very close to a runway protection zone of the Airport. Previously, concerns were raised about the flight path of the Airport and the glide path permitting process, particularly with reference to Article IX of the Town's General Ordinances(Barnstable Municipal Airport Approach Protection). The applicants were advised to discuss the matter with the Town Manager's Office, the designated administrative agency charged with administering and enforcing Article IX. They now have a letter from the Town Manager authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. As to the site itself, the proposal was before Site Plan Review and received approval on September 29, .1998. One of_the_conditions-of the-approval was that one curb cut be eliminated and Mr. Roberts said he has applied to the Mass. Highway for permission to do the work. The lot is currently 97.6% impervious and will be reduced to 90% impervious with the additions of plantings and the removal of hardtop. Also, in the front of the building there will be a handicapped ramp making the store wheelchair accessible. There is a letter in the file from Morton.Sigel, Tekscan, Inc.,who owns the building adjacent to the Nantucket Sound building. The letter states, "I have no objection to the construction taking place." , The plans that are before the Board tonight are exactly the same plans that were reviewed in detail when the Board heard Appeal Numbers 1998-121 and 1998-122. The Board Members were given all the information from those hearings and had no further questions. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact:. At the hearing of April 7, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-43: 1. The Petitioners, R. James and Eleanor E. Roberts, are seeking a Special_Permit pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB District. 2. The property address is 491 lyannough Road (Route 28), Hyannis, MA,just off the Airport Rotary, as shown on Assessor's Map 311, Parcels 028 and 030.002. The site is improved with a 2,474 sq. ft. retail auto stereo store known as Nantucket Sound. 3. The applicants are proposing to construct a 24'x 24' two story addition to the southwestern portion of the existing bu ldina. 4he additionai soace will be used to accommodate car stereo instal'atior+, shipping/receiving and expanded storage space. Presently, stereo ir.staila,o;� occ ;s outside in '.he parking area or the work is done at a locators down the street and the applicant must pay rent for the use of that building. This is a hardship to the applicant. 4. The property is located within an HB Highway Business Zoning District. The current use of the property for the retail sale of auto stereo equipment predates the 1983 establishment of the HB Zoning District. Retail stores are permitted as a conditional use in HB Districts with approval of a Special Permit by the Zoning.Board of Appeals. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 5. According to assessor's records,the existing building was built around 1960. From 1956 to 1983 the property was within a B District which allowed retail store/shops. In November of 1983, the property was rezoned to an HB District. Uses permitted in the B Zoning District were allowed in the HB District only by Special Permit from the Zoning Board of Appeals, so all commercial uses became nonconforming. A zoning amendment passed May 7, 1988, made offices and banks the only Principal Permitted Uses in the HB Highway Business Zoning District. Retail stores became a conditional use allowed by Special Permit. 6. The existing building is also nonconforming with regard to setback requirements. There is a minimum 100'front, 30' side and 20' rear yard setback required on the property. The northwest comer of the building is partially located within the right-of-way for Route 28. The building is located approximately 4 112 feet from the rear lot line and 11 feet from the western side property line. The proposed addition will not encroach any further into the front or side yard setbacks and only an additional foot or so into the rear yard setback. In 1960, when the building was first constructed, the B District only had a minimum 20'front yard setback or a front yard setback equal to the established building line, and no minimum side or rear yard setbacks. 7. The property is nonconforming with respect to impervious and natural coverage; being almost entirely covered by pavement and building. There is no natural coverage on-site. The applicant is proposing to reduce the impervious surface from 97.6%to 90.6%. The reduction in impervious coverage and the addition of landscaping will improve the existing conditions on this site. 8. The applicant intends to re-stripe the parking area and add landscaped islands with trees, as shown on the approved site plan. Some areas that are presently paved but not appropriate for parking will be striped as no parking areas. The new layout provides for better and safer traffic flow within the parking lot. The applicant is also proposing to install a catch basin within the parking area for improved drainage. -- 9. This use does not substantially-adversely affect the public-health;safety;welfare;comfort or - -, convenience of the community. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 10. The proposal received Site Plan Review Approval on September 24, 1998. 11. The applicant has a letter, dated March 09, 1999, from James D. Tinsley, Town Manager, authorizing the increase in height of the existing structure in accordance with Section 7 of Article IX. 12. 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. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject to the following terms and conditions: 1. The property shall be developed in accordance with the approved site plan titled "Site Plan of Land at #491 lyannough Road Barnstable, Mass. for R. James & Eleanor E. Roberts" prepared by Baxter& Nye Inc. and dated June 16, 1998 (revised July 1, July 16, and September 23, 1998). 2. The use of the property is limited to a retail store for the sale of home and office electrical equipment, (radios, televisions, stereos and other small electronics) inclusive of installation of auto stereo equipment. 3. There shall be no floor drains in the new addition. 4. Tie a ol'ca?ts ^gust seek l,A.ass. H`&Vklay app''oVa', EC'a" \vo"G: 5. All reG::irerients of the Health: Division, Buildi,:g Divis',on and kyar:nis =ire Depaftment m,asL" be r�et. Discussion: There was a discussion regarding the parking to the rear of the site. The applicant has an easement for those spaces. There is enough parking on site without counting those spaces. It was recommended those four spaces in the rear be used for employee parking only. The Vote was as follows: AYE: Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and Chairman Emmett Glynn NAY: None 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999-43-Roberts Special Permit pursuant to Section 3-3.6(3)(A)in accordance with Section 5-3.3 Order: Special Permit Number 1999-43 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 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 — y of under the pains and penalties of perjury. Linda Hutchen der, Town Clerk " r 4 I ' I Planning Labels i 16_Nivr_99 RefNo mappar owner2 addr city state zip 43+44 310 119 REALTY INC `i 777 DEDHAM ST V0742 CANTON MA 02021 ✓ i 311 025 C:1;1r; COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601✓ :{ 311 026 PiifL.",'"OULOS, JOHN TRS C/O J '& P HYANNIS 200 STUART ST BOSTON MA 02116 ✓ na 311 027 F THOMAS POST 467 ROUTE 28 HYANNIS MA 02601 ✓ 311 028 RoL�,'2:VPS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 ✓ 311 029 BrIiC JOHN D %RJR DEVELOPMENT LLC 56 DAVIS STRAITS FALMOUTH MA 02540✓ ' 311 030 001 K.ai,%.'r, N W & SIGEL, M H TRS %ROTARY REALTY TRUST P O BOX 243 LEICESTER MA 01524 ✓ <„ 311 030 002 R)nr•;?'eS, R JAMES & ELEANOR P 0 BOX 27 ACCORD MA 02018 311 032 F::aI:'-j,STEIN, RUTH "' 160 MAYFLOWER TERR S YARMOUTH MA 02664 ✓ 311 033 A >` "R-MAN CO INC 1159 MAIN ST BROCKTON MA 02404 ✓ ^; 311 035 001 iII''': : STANLEY W q PO BOX 296 OSTERVILLE MA 0265 311 035 002 STANLEY W i STANLEY PL HYANNIS MA 02601V YL 311 036 J) i DAVID T & SHEILA M 4 BLACKBERRY LANE HYANNIS MA 02601✓ a 311 081 CAP-7, COD MITCHELL'S INC C/O MITCHELLS STEAK HSE 451 IYANOUGH RD HYANNIS MA 02601✓ 311 082 H'.`( '."i':GL, JOHN MITCHELLS STEAK HOUSE 451 IYANOUGH RD HYANNIS MA 02601 ✓ fi 328 070 PFi)_ril.•OiJLOS, JOHN TRS & VINIOS, NICHOLAS, TRS 200 STUART ST BOSTON MA 02116 ✓ 329 003 ii I i u .'i i j j 11 Proof gf F'ublicct Town of Ba +stabla Zoning 'Board,of Appeals Notice of-public hearing Under The Zoning Ordinance for April©T; 1995 t_onr rr �;rrerteci v er off- E1,kr thE'Brd of ,;t:;3er Y-A ad vt?e Ge!-m-:,aj Laws zl the C-.c'Y,3I1[tt't.�iweaftht oxf t4Sc3552Chi:iSRtt's. 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A sessdes.' 09 n eIs 0 ., and t2 ai ml is C...mrns r+y a_idrPss-3 as 20:3o r'anp peed ee Ftaad aiul:l6 6 13t3$Fatri oath P_ad C..r.tervMe.kiA .,7r 4C Re>,Cert st Ongstnct and:t{8 fiY 3u=mess Z: :r=�!�; 'raa:t 4rpe�t Ni,mt.,. 1'99-46 .tte�,t z3r. =em nt fnc d't: 3 ,t , f R�fL +, suu:l.a.3n,- f :,f _:ice ✓ + 'u. r a a _.#:rlc} 't - .zr}r_f. .- rj .3 ' �;1,$�4�?;lrtss2;ateLl>.vftti::':,_rt- .t t " :,Ma gfx ,at<4P D 1 a-,Ain. p al rdUM er .999 A7 2 Ss G(nave vr.�}:t»at f.f a SFEcia1 Pe nt fJcO n Stnict.UlN_( J 3s +'kt e 30C.1'-x , r n31 :s zea fjUon= f R^_ t' € J•' t3 U. r t}v en f max,(.the 3{} r r+far i setback Try Feast art�i ttii! yi stn,cfr;re,s--a ANPORT ALL EUMAIAOIS ARE BARED p1 NCV0.112BPL Cr.r-41 1,y..w.� Sll.�i.• 171s� �/ `� FM 99IC■IARII SEE PKXAL PDt■D AT MNIIM EAST EDT CORW•4&7W 1 HIS LOCUS WM !u i t SCALE 11 2U80 i 28 • . ~ / , �jTf wE ASSESSOR& ,.yp'�•�-rt tAv • MAP 311; PARCELS 28.6 30-2 ®�, J �•NBE �es�t,t y��1O►11 t 130 rrANNOUGH RD..MTNMS UM t11■Ol . /'I 33�� �y11'f�� g d1 �' Y� \ GROM WAI M NRO ECnw mKE ar. '�r/ ,91,`^" , _ Mf P MO 1Y E�RICE IY 1��11Oki iROMTAO[•2C �. RIpIT SETBAOt_TDB- • \ li70lt OP W_SY(10TAy SOW I EAN DEFILE.W Mi i NMs7 �j07 BLINDING IEIOUT_W _ LRAMI■Ra COMMABE m OfiMS F.THOM" E1C11 Tv «r• n■ _�' Oa• I VEIERAMS THIS SITE IS MOT LDCATED ODA r MM��•• ,� i THE R000 mm • 1 ��yy -' .ILPililfi.,lift •.a. ... t.- ..: :: .,. .. .. -. ..k RAMP+! .._ ,- .. •... : .,, r� '.;.:, - �` EXoS1RIo ewI[DR10 - - • ss:ELEtl..47.21 ., .. .' ..:... ..: ,.. . 181.:.. �blM ......C..1. lop, V� ''�17 '�• EASEIIUIT� 1 Cm sum Paw 1 I• •«a C71„ _ .0 3877 Sr. pA t 1 s \ 1 1 •aw 06M AG aq _ t PIR1P0®ABOIIg1 •..•.... p wiT.. JOi■1 0.BURIIE 1 L t I jI� Oda" I00 S1ME0 MPAIIATKN 94V •Iss will IOfT e f , STUNK OVER 00, LEGS, 1447. 'si Q►� — Nr ;wa ■ CATCH BASNs •47A � - - .194 e s ® TORPOR tIELt TaE SF . p Tlltp1101E R 4EC710C FOIE w A117 67 . a pQ OAS VALVE \ ` 19~ • WAIdI IpILVE 041161 2J/SB7 17 !d• ,A/L s1. �}� M NIS P'•T/OIUS POI? Si 1 L. rLfNt Ear AN ® RLG IEtB111aK ••� - +A DVI LAND N.l IfAIAT!Y.N.KALAT TTS:. •� "AOI �� or � = AT �l491 2YANI�UGH at1Ab • OINL 1101E OII MAL /Rt ;ROTARY REALTY 17iUST A �� ♦t.•"� �9E10 TARE BIIBDIIIC •W� ° \ / nuel NYAN ■ CONCRETE ON STONE BMW FOUMD INPOS111011 . \\ wutlr ( NIS) a m SEM TALC N� BARNSTABLE E MASS. .�, rt,u >bines m Tam ON ML Fmim N N�aTNl "m ��, _ktT S l" �R Eaa LOT \ \ C O R JAM ROM, IL OM A MANOR L *AM PAL MW NO MORE THIN!ii7Y PERCE7IT(SWI)OF THE TOTAL(!PLIDA AREA �B�\\ AACCCCIMD`MBA LE:OMOS-0027 SCAM 1' - 10' DATE: JUNE 16,1998 WL UK D PAVED BY TW NSTAaAIROM OF ! \ \ OEED REFEREMR: BOOK.73M PACE BB. REV. JULY 1.1999 REV. DULY 16.1298 BU0.DN4S.SiR11C \\ PLAN REFERENCE: LGC.1151" C11F.123485. DARTER i NYE DC CLEARNoe 1.E7Bs7ws USE or SIZE a AS RETAL SHIES Alm RNs7A1LAttaN ARM \\ REGISTERED LAND SURVEYORS OFMMMUM OF DIMITY Or 7104 TOTAL L SITE E■ �■�1■ QSTERVILLE• MASS. SHALL MT(NITS NAIURAL STA�Tf A MT ND GETTER RfAlE5E117ED BY SPOT W OE'1 �y\�l67 REVItBDVMRIL NG ENGINEERS ONLY U070 SELECTIVE CIIT7E10 Or TREES AND CLEARNO OF J 11ERE ARE NO WE1I.AIDS ON OR fET1E1 f00'0/SPE \y UDERSTONY SHMM AND OROTIDCOVER ALLUWW .!•NO NEW CURB CUTS ARE PROPOSED: ' S PUBLIC SEWER AND WATER ARE CONNECTED TD IM BIIECEQL r •�17.E r 1 �•� too" i -�_ s - fw AIRPORT • ALL FIEVAl10N5 ARE BASED ON N.GV.c,Y28PL P.eysa.I rwyr.w.-s �fird `��4�N�I/• FOR BENCHMARK SEE PK.NAIL FOUND AT NORTH EAST LOT OOFAER 45.7TP � • Ras 4 4L7 W►p YA • SCALE 1 25,000 .L7 W9 go�T o4: �� ;�„ ,- wo d / ASSESSORS: LOC • * MAP 311: PARCELS 28.rk 30-2 is O� ` HOB* , aµf pYaa� 930 IYAFNNCUGH Z ONE MASS 02001 �y R �J.'Id'IS I i Twa"" GROUND NATEA PROTECTION ZONE-G.P. • O•r r�� �g17 1 Mt is BUSIMM DISTRICT ! 4&0 •�-' FRONT SETBACK-1C9' SIDE OFFSET-31f(TOTAL) 4&7 \ REAR OFFSET`.20' 4f.>< of _ k A•7 BURDNO HEIGHT-W i MAIOMUM COYMAK 301 DENNIVETERANS F. THOMAS POST VE S OF FOREIGN WARS y . i e _ INK SITE IS NOT LOCATED YNiWN 4trl� THE FLOOD PLAN " AuOf• »� e•••' .L«R1 l y Z fry �!J OL4 D-- �. ..� �'4le •qA >P \�F LEASED PARCEL. 1 1 -... RAA.YT - �.OIf .1ifB1D x N: ' •�.� �2. Y/J`^ �� RAMP A STEPS .q.S �"!t P��� +• 40.I .._....... _.......... .1; _ IR 11ANTUCKET S13LW n .4 t BUKD ING ND B'•e'4.d .yF4'8N.•e COST 4L1 �,A ,•,� - Ir F.F.EIfV.-47.21. ) ..? „O N t+44* V.F.W.BUBDIAG •�_1 6 ;• - EASEMENTS ( DEED 9K.7565 MOO 1 �0 mM.a 045A 44A --... \ . J 3977 S.F. \ . ., aA ;� 17L6 9 S.F. TDT i •47A 036 Aa L 1 1 4+/ PRUPOSfD ADDITKN .IS 6 • r. \ \` 4 C da11N 0.BURKE � 1 AR 1UIE 0 INSTALLATION SAY �ti9cone.DW !MI1N STORAGE Lm OVER41LI "a tA•'A �,.. � `Sa L E/�N� j, 7- N pwNti. r y. N4 7 iilY.Oli tMA;V .40•T .. P4y4n •� .A_ .. ` Rl'•4 A■ CATCH BASFIS •47A - NAtLwo .4 A9,62. �'"esv,m• .414� ` fir •1 ` . 4 •EIECTIUC POLE �9. •/•/r 1t 4N 140 SF ee? . w CAS VALVE !��` �•�i � �' T MGM me a•`y�T ' 47.6 .f Dd WAIN VALVE LAND '� SITE. PLAN t F cm '��am4as • N.M.KALAT Q M.N.KALAT IRS:. �O APB�nM�%STERANS OF FOREIGN WARS ROTARY R 0 DRILL HO AT !l4+�1 IYANNdUGH ROADLE OR NAIL 41MI S: REALTY TOMi� VJ O • STARE 4M OFT IN BURDMG C.B. m (NYANNIS) CONCRETESENIOR STONE BOUND FOUND IN POSITION 1 o• \\ w4ar P \\ NARNSTABLE , MASS. .4e4 \' salsa APPLICANT '" FOR WA \��j NANTUC LT SMM 6'ROINID TER at NE11J.PpO1pC710N RESIRIC710N4 \' C/0 R.4AMES ROBERTS I. JAM & MMIbIt L LOT COVERAGE: 4sb •\_\\ P1 ORD,MAL�� � SCALE: 1' - 10' DATE: ,NNE 16.1998 NO MORE THAN FIFTY PERCENT((50'U)OF THE TOTAL UPLAND AREA R•S \ OF ANY LOT SHALL BE MADE U20MOUS By THE INSTALLATION OF \ \ DEED REFERENCE: BOOK.7355 PACE 58. REV. JULY 1.19911 REV. JULY 16,1998 BURDNM STRUCTURES AM PAVED SURFACES. NQD:S \ PLAN REFERENCE- L.G.C.I1S19-B CV.12348L \ \ BAXTER 6 NYE INC. SLTE CLEARING: 1.ETOSTING USE OF SITE K AS RETAIL SAM AND INSTALLATION AREA �\\ - REGISTERED LAND SURVEYORS A TOPOFLAT AND EY TE EXISTING SITE K °' e.le OS ERVILLE. MASS. CIVIL ENGINEERS A MINIMUM OF flWtfY PERCENT(3aRn OF THE TOTAL UPLAND AREA FLAT AND BE1IER.RFPRESI]NhD BY SPOT GRACES. •\ \`ba OF ANY LOT SMALL BE RETANFD N 173 NATURAL STATE;07H 3,THERE An NO NEA.AMOS ON OR WITHIN TOO'OF OW- ONLY ONLY LIMITED SMEC7W CUTTING OF 1RM AND CtMWC OF mow. REVISED-B•T ea.1946 UNDERSTORY SHRUBS AND OROUNDCOVIM ALLOWED. 4.NO NEW CURB CUTS ARE PROPOSED: - - S.PUBLIC SOU AND WATER ARE CwwCTED.TO THIS BUIU)N- \ %47.I . "1.11.90 /OBWe _ - AIRPORT . ALL 13EVATWNS ARE BASED ON NA.V.O.M28OL„ Cu.r..t T r1IV•I.J SYI,�/.. 1•7:t7. �/ FOR BENCHMARK SEE PK.NAL FOUND AT MONTH EAST LOT CORNM- 4&79• P+/°'� t Y••Y•."a �'!1i"' 9�i/� 4a7 4 _ , ! I 4ao LOCUS MAP 4" � ; � + -SCALE t 25,b00 4as , 28 M'` . �•4" go pow Lop !M" d ASSESSORS- MAP N E5 341; PARCELS 28.&30-2 OA IwrrAmw*jN RD..HY#mmS.MASS.02 0 rGut _ � D WATER PROTECTION ZONE-G.P. R _„�LOW, � \ H,t cROLIN WA vR TEC Vg17 tJO� I Ke 4eA 11B BUSINESS DISTRICT i uG . K �' S . � O ,� — FRONTAGE.20• ANN Ile FRONT SETBACK-IOD' - SIDE OFFSET-30'(TOTAL) Y _ _ REAR OFFSET Hf i 4t♦7 146.7 BUILDING NEWT 30' MAMMUF COVERAGE 302 OEHBIIS F. THOMAS POST VETERANS OF FOREIGN WARS r� T YN7T111_ THIS SITE IS NO LOCATED THE FLOOD PLAN 4e. ----Ell Was •47a 1p- \S:f LEA•F�PARCEL -- KALIET _ 1+,.tITI REB67EIlEb:iYH1D\�� - N. — i CIF.r i;re4Ne f- RAMP!STEPS .pA KI 'N AN7UCNEi .SRRp' s sH... a W'4 K1 Y1 OOS7RIG BUILDING iF.ELEV.-47.21 YF.W BUL01G abtiro aW R....G'..R JY001 1 \ tppff�A INGIVESS r ( - ^ EASEVENE ( oEED eK.7555 P6Be 8 \ •aa � iS►i 9 SF. tOt -- fi 3877 s i. pJ ae L36 Ac. OWN 1 + •JOHN O.BIIRKE .may s a Y ; CAR SIEM INSTALLATION Ia y�0 sm STORAGE LOFt Om BAY •43,5 NALJW f I 'Pt \ :• �V`•"b �t 4l`e MJ 4M 141.NM V 0•MF•� r WPM • LEG= FM av 'v. Ks � r y. w4 NALM a Pavpn•n V` ■ CA"BASINS •as .1'9 ,IIe 'N•�w...: �ti r •r - .. •67 ra.wE e4►..s l py. MONITOR WELL Atli • .• 46•4 y► BIL7555 a - 9 TELEPHONE t ELECTRIC POLE 73�a„_- a\ \\�\ - �Al 1439 SF p "�_V 67 a t>G CAS Sldl VALVE `l^ K � 7, pa - \ • •E4� f>4 HAIEN VMVE .4es W 23/567 p. 4se �• lea DENNIS F'.THOMAS POST Jttt. PLAN YF LAND ® ELEC.NEVER BOK N.W.KALAT t M.N.KALAT IM. - I'T'd - VETERANS.OF FOREIGN WARS r� Y��� fYA� r� �`�: • DRILL HM OR NAIL 4eB x ROTARY REALW"m �. 1�� VJ+w'- a fi iF l 6W M - • STAKE BUILDING CALL _ ♦ i BENCHMARK ' • " \\\� wAum e ar (HYANNIS) CONCRETE Olt STONE m SEVER MIUINGUE BOUND FOUND IN POSITION \'� 8ARNSTABLE a MASS. .4l4 4T 4 OWNER JLAPPLICANT I a MFOR GROUND WAIER OR MELL PR01=0N RES RUCTIONS NANTUCKET SOUND \ \\ C/O R.JAM ROBERTS A. JAM ! EIBAM L LOT COVERAGE 4ea '\__\\ ACCORD,MA. 02lotl-0027 SCALE: 1' a .1O• DATE. JUNE 16.1998 NO MORE THAN FIFTY PERCENT(504 OF THE TOTAL UPLAND AREA R'' \ OF ANY LOT SMALL BE MADE IMPERVIOUS BY THE INSTALLATION OF \ \ GEED REFERENCE: BOOK.731 PAGE .1 REV. JULY 1.199f1 REV. JULY 16,1998 \ PLAN REFERENCE: l.C.t.11S19-B CTF.1234BG. BUILDINGS.STRUCTURES AND PAVED SLNTFACfS tlQ>FS \ \ BAXTER L NYE INC. STE CLEARING: t EXISTING USE OF SITE IS AS RETAIL WJZ AND INSTALLATION AREA, N\\ REGISTERED LAND SURVEYORS S.TOPOGRAPHY OF EXISTING S17E IS e. CIVIL ENGINEERS MINIMUM A OF MINTY PERCENT(Sox)OF THE TOTAL UPLAND AREA FLAT AND BETTER R04TSDM BY SPOT CRADE'S: •\ \ 4IL7 �M 13STERVILLE. MASS. " OF ANY LOT SHALL BE RETAINED IN ITS NATURAL STATE,e1TH a TNERE ARE NO IIEA.ANDS ON OR TITNN IOW OF SITE. ONLY LIMITED SELECTIVE CUTMG OF TREES AND CLEARING OF YI aw. REwsED•ILLY.!J�149b UNDERSTORY SHRUBS AND OROUHDCOVEA ALLONED. NEW CURB CUTS ARE PROPOSED: e 5.PUBLIC SEWER TO 1TI5 GIRDING. AND WRIER ARE WN,IECIEO. .`47.2 . pe0a