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HomeMy WebLinkAbout0499 IYANNOUGH ROAD/RTE 28 �f n ����v 61-1 j ` ' � ���a_��` i I i I� �: �� ,� 1 i R I TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 311/ Parcel �� Permit# 4 �ScaE—pE2�'eY-' ��� -A Health Division ����91 oeJS Date Issued Ll� I Conservation Division Fee -�� Tax Collector. Treasurer1TV ellYPT qq �►�u Planning Dept. o Date Definitive J'A pr ed by Planning Board Historic-OKH Preservation/Hyannis Project Street Address aK lle6� - Village Owner Address Telephone Permit Request o yl S ld Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Estimated Project Cost .00 Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other 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: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:O existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name �O� j r� v� / Telephone Number 2 Address �l ✓ ��� 5✓ r License# / Q"154V15 /Ll/'�lS � Home Improvement Contractor# Worker's Compensation# �i✓ ®� $�V1 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS P OJECT WILL BE TAKEN TO SIGNATURE DATE /�� �9 FOR OFFICIAL USE ONLY y � PERMIT NO. DATE ISSUED ` J MAP/PARCEL NO. - ADDRESS ICE : VILLAGE OWNER r DATEbOF INSPECTION: FOUNDATION FRAME — INSULATION. FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL F GAS: ROUGH FINAL FINAL BUILDING _ E DATE CLOSED OUT ASSOCIATION PLAN NO. r Y • t l ' White's Path COLONIAL So.o. Yarmouth,MA 02664 1-800-548-8000 G A S C 0 M P A N Y f Fax:508-394-2564 6 t } j August 11 , 1999 Mr . Antonio Fernandes RE: Shell Service Statio-n 499 Iyannough Road Hyannis , MA 02601 To Whom It May Concern : This is to inform you that there is no gas service to the above named property at the Airport Rotary . Sincerely , Jayne Starck Distribution Clerk 08/11/1999 WED 12:18 FAX 5087909370 Linda Roderick 0 001 Commonwealth Electric Company r--� n 2421 Cranberry Highway ElectricWareham, Massachusetts 02571 Telephone(508)291-0950 August 11, 1999 Town of Barnstable Attn: Jack Burke The electric service at 499 Zyanough Rd., Hyannis the former Shell Gas Station, was removed on Aug. 11, 1999. This was done per Mr. Burke for, the demolishing of the building. Very truly yours, Barbara Trocchi Customer Service Rep. TOWN OF BARNSTAB GT 3 8' IS -0 N�'V E�Zi'' - SEWER CONNECTION PERMIT OFFICIAL USE ONLY Assessors Map No. 1 ' '► : ' " Assessors Parcel No Stream 4G rl .LyaN Nodal RO/I z,B > > Village. PROJECT CONTACTS PROPERTY OWNER(Mailing Address SEWER INSTALLER Name: RS e I L (� Name: / nT7) Address J >J �s i Q1in� Address: '7 J��TlJ�1�5 / 4- � Phone: Phorm `7 7 Z 7 , License Na OWNER'S AGENTIENGINEER Name: /V Address: Phonw. PROJECT DESCRIPTION REGULATORY REQUIREMENTS .'ice�`�♦ >. :.:•:. t;�,.,.>; ::::............,. .......:<, ..`.......:.. ...�. -:...... The irfstelleflon Of ell Sewer cmmdmu must be done in accordance with the provisions of Ar" XXXV1, Town of Bwwtabte , General By-laws and RESIDENTIAL, regulations issued by the Departrment of Public Waft Before c=vating within a Town Way the sower installer must also obtain a Road Opening COMMERCIAL I Standards and Specifications wtilned At least 48 horus and cor" with the � n.the a must RESTAURANT no"the Departrtarrt of Public Worlds.EngtrrewM Division for the purpose -- of Irsspedhsg the Irt11,11 11on. Tim Inspector will complete the Compliance INDUSTRIAL Sketch loca ft the installed Ones and=mectlon. By signing the Application, -- the appUcarrt acimmiedges and understands the regulatory m**wmmtB and STANDARD INDUSTRIAL CLASSIFICATION NO. to for mvocabon o PeI and �ay shell beMn NO.OF BUILDINGS _L NO.OF BEDROOMS li;= PC-xC 40t51e 0/ N of StZE OF PARCEL L!' ACRES IU LL V1tia.,.�i�at�s i -I a ✓3E=ESTIMATED DAILY SEWAGE GALLONS t...I-4rn ��vt_ �o-� ✓�*r aw-4 �S�' 1911 0"J-� PIPING:LENGTH DIAMETER w EXPECTED INSTALLATION DATE SIGNATURE(INSTALLER/AGENT) ��" `� DATE �© SIGNATURE(DPW APPROVAL) -Ai��' DATE " r J Barnstable AT�D 4 Old Yarmouth Road , 1 jt ' P.O. Box 326 C O M P A N Y Hyannis, Massachusetts 02601-0326 508/775-0063 AUGUST 9, 1999 Town of -Barnstable Building Inspector Hyannis, Ma. 02601 Dear Building Inspector; Please be advised that the following water service is off at 499 Iyanough Road, Account #311-029, Service #3088, is off at the street and the wat er meter. have been removed in preparation for b ildin emol'tion. Rene L. Dou as Barnstable Water Company I ♦W, 1 1 . HMO ■ 11 1111�\ " 1 a 1=1/ 11111 1 ' '11. 11 ' - • \ • \J ditl I 1 I 1 1V14 1 to 1 1 ' 1 1,.Q IIIL&i IIF.i 1 ✓•1• M ■ 11 1 mill . 1 ':1 • \ • • 1_ ••1 1\=f .\ 111•:11 '✓ 1 \ 1 . 11 =11111 \ ' • .� 1_ \ 1 1 1• ■ 11 • • \•1/ • • :11 1 I • M 1 \ 1 1 11 �1 I r / .11 • 1 1 �• / r•11 1 \ �1 • 1 •'1 1 . 1 1 \ • 1 1 1, a r\ 1111�11 1 1 1 •\ r:.. e 1 11 1 I 11 ' 1 1 ' M 111rr i 1 1 1 /iip/ii/oiiaii/%/,F////Z/%%//// =0/// II - a - - Y � I��1 �I• - n I I 1 I I. 1 1 j I rAW I 1 11 .� 1 1ffou WA. 1 111 i offdd ■ 11 1 city or town* UTIcensin Board ■ 11 ■ is . ; ■ :..:. i 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" act ,an employee is defined as every person in the service of another under any contr 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 an 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 renewa� 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. i. 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 capon of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be retuned to the city or town that the application for the permit or license is being requested, ep artmeut not the D of Indus trial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a wod='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 is the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the pemin/license number which will be used as a reference number. The affidavits may be rammed in- the Department by mail or FAX unless other ar angem 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. The Department's address,telephone and fax number. . The Commonwealth Of Massachusetts Department of Industrial Accidents oftice of Imles"allons 600 Washington street Boston,Ma 02111 fax#: (617) 727-7749 phone#: (617) 7274900 eat. 406, 409 or 375 Property Location: 499 IYANNOUGH RD MAPID: 311/029/// Vision ID:26002 Other ID: Bldg#: 1 Card I of 1 Print Date:08/09/1999 lg, J Element escription CommerciatDataltements Style/Type UU GAS ONLY BUU I H Element Cd. Ch. Description Model 95 Service Statio eat&AC YU___lV0NE Grade 0C C Frame Type )2 WOOD FRAME Baths/Plumbing )2 AVERAGE Stories 1 1 Story ccupancy 00 Ceiling/Wall )8 TYPICAL Rooms/Prtns 2 AVERAGE Exterior Wall 1 14 ood Shingle %Common Wall 2 all Height 10 BAS 6 Roof Structure 01 Flat Roof Cover 02 Rolled Compos 14,E p011%, AT! Interior Wall 1 D1 Minimum 2 Element c;oae rJescription Factor Interior Floor 1 )5 Vinyl/Asphalt Complex 2 Floor Adj 7 7 Unit Location eating Fuel )4 Electric Heating Type )7 Elec Baseboard Number of Units AC Type H one Number of Levels %Ownership Bedrooms 00 Zero Bedrooms Bathrooms 0 Zero Bathrms 6 pw 00 0 Full unadj.Base to Total Rooms 1 1 Room Size Adj.Factor 2.00000 Bath Type Grade(Q)Index 0.99 Adj.Base Rate 251.46 Kitchen Style Bldg.Value New LO.5-61 Year Built 1981 Eff,Year Built 1981 Nrml Physcl Dep 16 Funcn]Obslnc 0 Econ Obslnc 0 pecl.Cond.Code AP 8 Code Descron!ptt —Percentage pecond% 2verall%Cond. 2 333U VUEL bV/FK iuu Deprec.Bldg Value 200 ��JYIWBUIJIILIVIIVU;& YARD-, "N Code Description Llff Units Unit Price Yr. Dp Rt %(;nd Apr. Val5e SHJED Shed PAVI PAVING-ASPHALT L 15,00C 0.90 1981 0 1 IN CNP2 GOOD QUALITY L 1,62C 15.00 1981 0 1 20( % ­w N U Go de Description Living Area Uross Area Eff Area Unit Cost Undeprec. ValuF_ HAS Firstbloor 10,561 _L 1 M Uross iv ease Area g Val: Property Location: 499 IYANNOUGH RD MAP ID: 311/029/// Vision ID: 26002 Other ID: Bldg#: 1 Card 1 of 1 Print Date:08/09/1999 ,'1A,;max. , escription Code Appraised value Assessea value %oRJR DEVELOPMENT LLC289,2801 b DAVIS STRAITS OMMERC. 3330 20 20 ALMOUTH,MA 02540 OMMERC. 3330 300 30 1999 Barnstable,MA ccountUZIL Plan'Yet. ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL2 GIS ID: lotal , s ATE 9 M r. (,ode Assessed value, Yr. Code Assessed value Yr. Code Assessed value URKE,JOHN D 10391105 09/15/199 Q I 300,00 HELL OIL CO 1519/186 07/15/197 Q ota. ota. -To ta. 310,4UIJ 4E a is signature ac now ges a visit y a Data o ector or Assessor .. ,.. '�, - �. ,,.�•; .:oar :, _.., s� ,, s3y�;-. .,�. .?� � ...• :"., ._ ,,> ,�, Year lypewescription Amount Coae Description Ivumber Amount om-m nt. Appraised Bldg.Value(Card) 200 Appraised XF(B)Value(Bldg) 0 ora Appraised OB(L)Value(Bldg) 300 • �'_ pecial Land Valueraised Land lue(Bldg) 289,200 AMIN S -LA-ND Al JUNT.FUR SIZE/SHAPE/LOC Station vacant-tanks Total Appraised Card Value 289,70 Total Appraised Parcel Value 289,70 removed. Valuation Method: Cost/Market Valuatio Net TotalAppraised Parcel Value 289,70 c u ,.,�..� ,•.,a.. .� ., � .�. � ':,: �.� „�.a., -. ,.� +� ate,- ._�xr. ..�:. ,.� .,�.�'�, .. �': � . �. � v. -� � Permit Issue Date Jjvpe ascription Amount Insp.Date Yo Comp. Date Comp. Comments Date ID urpos esu t Use Code Description zone I)11-rontagel Depthnits Un ft Price 1.Pactor S.I. U Factor Nbhd. Adj. Notes- ,/ pecia ricing Adj. Unit Price an Me . o es: 289,201 ota and Un AC 'ota an a u289,20( MICHAEL D. FORD, ESQUIRE �C ATTORNEY AT LAW 12 , 72 MAIN STREET u P. O. BOX 665 TOW,. BAN OF ? . _ ... RN W. HARWICH, MA. 02671 AA Q TELEPHONE (508)430-1900 TELEFAX(508)430-8662 November 6, 1998 Gail Nightingale, Chairman Board of Appeals School Administration Building 230 South Street Hyannis, MA. 02601 Re: 9q'-7 6. G:--Co , -Inc.=Appea--1=Number--1-9-98-84 Dear Members of the Board: In regard to the above-referenced matters, I am writing to request that we be permitted to withdraw;without prejud-ice--the applications on these matters which are scheduled for Wednesday, November 18, 1998. Also enclosed is a copy of my letter to the Planning Board evidencing that we have withdrawn from that process. Thank you for your cooperation and assistance in this matter. Very truly.....y s, yM chae D. Ford MDF/djw CC: S.K.J.G. Co. , Inc. MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET � . P. O. BOX 665 "�""� � � 219* W. HARWICH, MA. 02671 L + TELEPHONE (508) 430-1900 r T yyN Of BARNSTAg(E i TELEFAX (508) 430-8662F November 2, 1998 Roy Fogelgren, Chairman �01 Planning Board 11 School Administration Building \ 230 South Street Hyannis, MA. 02601 Re: Repetitive Petition referred to Planning Board by the Zoning Board of Appeals S.K.J.G. Co. , Inc. (Donut -One Realty) Appeal No. 1998-76 S.K.J.G. Co. , Inc. (Donut One Realty) Appeal No. 1998-84 Dear Mr. Fogelgren: In regard to the above-referenced matters, I am writing to advise that we are withdrawing, without prejudice, our request for a hearing on these matters which are scheduled for Monday, November 2, 1998. Thank you for your cooperation and assistance in this matter. Very truly urs, �1 ael D. Ford MDF/djw CC: S.K.J.G. Co. , Inc. c - r a BAPIMABM '-' THIS DOCUMENT HAS Town of Barnstable NOT BEEN RECORDED Zoning Board of Appeals FILE COPY ONLY! Notice -Withdrawn Without Prejudii • Appeal Number 1998-84-S.K.J.G. Co., Inc. Variance to Section 3-3.6(5) Bulk Regulations&Section 3-5.2(6)(C) GP Groundwater Protection Overlay District I Summary: Withdrawn Without Prejudice Applicant: S. K.J. G. Co., Inc. Property Address: 499 lyannough Road(Airport Rotary), Hyannis Assessor's Map/Parcel: Map 311, Parcel 029 Zoning: HB Highway Business Zoning District t Groundwater Overlay: GP Groundwater Protection District Background: The property is located at 499 lyannough Rd., Hyannis, on the Airport Rotary. It consists of a 0.36 acre parcel which presently contains a vacant gas station canopy and outbuilding that used to be owned by Shell Oil Company. The underground gas tanks have been removed. Shell had operated a gas station on the site since 1972. In 1978 the previous station was razed and converted to a self-service gas station facility. In that year, a variance from setback and the sign code requirements were granted to the station (Appeal No. 1978-63). Currently the gas station is abandoned. The abandonment appears to date to 1993. The property is located in an HB Highway Business Zoning District. Offices and banks are the only uses allowed as Principal Permitted Uses in this district. Food establishments are permitted as Conditional Uses in HB Districts with a grant of a Special Permit from the Zoning Board of Appeals. The applicant is proposing to demolish the existing building and construct a new Dunkin Donuts store with two take-out counters and 12 seats, and no drive-thru. The applicant is seeking several forms of zoning relief to allow the site to be redeveloped for a Dunkin Donuts satellite store. Appeal Number 1998-84 a) a Variance from setback requirements(Section 3-3.6(5))to allow the construction of a new building to encroach 9 feet into the minimum 60 foot front yard setback required off Barnstable Road and 46 feet into the minimum 100 foot front yard setback required off Route 28, b) a Variance from lot coverage requirements in the GP Groundwater Protection District(Section 3-5.2(6)(C)) to allow the impervious coverage to exceed the maximum limitation of 50%. The applicant is proposing an impervious coverage of 61.1%. The Variances are being requested in accordance with Section 5-3.2(3) General Powers, Variances. Zoning History: Appeal No. 1978-63-granted a.variance with conditions from setback requirements and the Sign Code to allow a new self-service gas station to be constructed on the property in place of the existing full-service gas station and to allow a total of three signs. Appeal Nos. 1993-41 & 1993-42-where denied in 1993 when Shell Oil applied for a Special Permit and modification of their Variance (Appeal No. 1978-63)to remove the kiosk building , change the arrangement of pump islands, and construct an 800 sq. ft. building to be used as a food mart. Appeal Nos. 1996-131 & 1996-132-where denied in 1996, when Donut One Realty Trust applied for similar relief as presently being sought to allow the construction of a Dunkin Donuts express donut store, consisting of one building connected by a common roof line, having two separate drive-through windows and no seating. T {I J Town of Barnstable-Zoning Board of Appeals-Notice-Withdrawn Without Prejudice Appeal Number 1998-84-S.K.I.G.Co., Inc. Variance Section 3-3.6(5)Bulk Regulations&Section 3-5.2(6)(C)GP Groundwater Protection Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 16, 1998. 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 July 15, 1998 and continued to September 23 and November 18, 1998, at which time the applicant requested and the Board allowed the appeals to be withdrawn without prejudice. Signed extension of time for holding and deciding of these appeal were executed and are contained in the file. Hearing Summary: Board Members deciding this appeal were David Rice, Ron Jansson, Richard Boy, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant. At the Opening of this hearing, Attorney Ford requested this appeal and Appeal No. 1998-76 be continued. Both appeals were continued to September 23, 1998. At the September 23 hearing, Attorney Michael Ford submitted a memorandum to the Board addressing the issue of repetitive petition. Attorney Ford stated that if the Board finds that the application is fundamentally different from the previously denied appeal, and thus a new application, then MGL Chapter 40A, Section 16 does not apply. Attorney Ford addressed the differences between the proposed application and the previously denied proposal. The differences include a proposal of exclusive walk-in only business-no drive-thru; right-in access only onto Route 28; less pervious surface; and more landscaping of the lot. Public comment was solicited on the issue of a repetitive petition only and no one spoke. Findings -Repetitive Petition: With reference to Appeal Number 1998-84, the Board made the following finding: The project involves a"fast-food restaurant"designed for a quick turn-over. Even though the petitioner has eliminated the request for a drive-thru, the restaurant aspects of the use still exist on a site which the Board has some serious concerns about. Decision -Repetitive Petition: Based on the finding, a motion was duly made and seconded that Appeal Number 1998-84 is not new petitions and that pursuant to MGL Chapter 40A, Section 16 that there are specific and material changes in the conditions upon which the previous unfavorable action was based and thus this matter is referred to the Planning Board for its determination pursuant to Section 16. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, David Rice, and Chairman Emmett Glynn NAY: None The Appeal was referred to the Planning Board and continued to November 18, 1998. At the November 18 continuance of the hearing, a letter dated November 06, 1998 from Attorney Michael Ford to the Zoning Board of Appeals was read requesting that this appeal be permitted to be withdrawn without prejudice. Decision: Per request of the applicant, a motion was duly made and seconded that Appeal Number 1998-84 be allowed to withdraw without prejudice. The Vote was as follows: AYE: Tom DeRiemer, Richard Boy, Ron Jansson, David Rice, and Chairman Emmett Glynn NAY: None 2 f Town of Barnstable-Zoning Board of Appeals-Notice-Withdrawn Without Prejudice Appeal Number 1998-84-S.K.I.G.Co.,Inc. Variance Section 3-3.6(5)Bulk Regulations&Section 3-5.2(6)(C)GP Groundwater Protection Order: Appeal Number 1998-84 has been Withdrawn Without Prejudice. Appe s of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) day fter the dptQ f the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 1998 Emmett Glynn, Chairman Date Signed 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 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 PAR:° R311 025. PAR: R311 026. KEY 230182 TAX CODE:400 KEYS 230191 TAX CODE:400 CAPE COD BANK.B TRUST'CB PHILOPOOLOS• JONN TRS 307 RAIN ST C/0 J a P HYANNIS HTANNIS RA 02601+0000 200 STUART ST BOSTON MA 02116-0000 PAR:•4311.027• PAR:'2311 028. PAR: 2311 029. KET., 230208 TAX.CODE:460 KET., 230217 TAX'CODE:400 KETS• 230226 TAX-CO0E:400 ,DENNIS F:THONAS POST ROBERTSP-R JAMES 6 ELEANOR BURKEr JOHN 0 ROUTE 28 P 0 001'.27 56 DAVIS STRAITS HTANNIS MA 026M-0000 ACCORD MA 02018-0000 FALMOUTH MA-02540-0000 PAR: R311 030.001 PAR:'R311 030.002 PARS R311 032. KEYS 366552 TAX CODE:400 KEYS 385023 TAX'CODE:400 KEYS' 230244 TAX-CODES400 KALAT► N:V 6 SIGELi R H TRS ROBERTS..R'JARES i ELEANOR° FINKELSTEIN* RUTNi XVOS REALTY.CO P 0 BOX'27 XMYANNIS TRUE VALUE HRDVR P 0•BOX•243 ACCORD RA 02018-0000 395 AARNSTABLE RD LEICESTER MA.01524-0000 HYANNIS MA 02601-0000 PARs R311 033. PAR: 2311 035.001' PARS B311 035.002 KEY., 230253 TAX CODEs400 KEY: 230262 TAX•CODEZ400 KEYS' 230271 TAX CODE:400 A F.6ERMAN CO INC- MOORE• STANLEY'V' ROORE• STANLEY 1159 RAIN ST STANLET-PL STANLEY'PL BROCKTON' MA 02404-0000 HYANNIS. NA 02601+0000 HTANNIS MA 02601-0000 PAR: R311 036. PAR: 11311 037. PARt R311 038. KEY:' 230280.TAX CODE:400 KEYS 230299 TAX CODE:400 KEYS 230306 TAX CODE:400 JOKES# DAVID T 9 SHEILA N HALLETT: DONALD C TR 8 READi-FRANCES J 4 BLACKBERRY'LANE NALLETTP PAMELA 6'TR' 4..BEARSE RD HTANNIS MA 02601-0000 0 C NALLETT:FAMILY TRUST HYANNIS MA 02601+0000 44'ENILY.VAT: OSTE"ILLE MA 02655-0000. PARs'2311 082. PAR:'2329 003. KEYS 230734 TAX CODE:400. KEY:' 246157 TAXzCODEs400 MITCHELL# JOHN.. BARNSTABLE.°TOVN OF CARP) RITCHELLS STEAK HOUSE 480.BARNSTASLE.RD;2ND FL 4W IYANOUGH RD BARNSTABLE MUNICIPAL'-AIRPRT HYANNIS MA 02601r0000 HYANNIS MA 02601-0000 v Proof of Publication T9wn of Zoning Bosrdrp#Appeals Notice of i�ufblie Btleder The Zoning Ordinancefit To aft pecans interested M.�r a'ff e��1 e� the Bc�erd of Appeals under Sec 1111.: f Chapter 40A, a �� nnxi mc :of Massachusetts;and all amendments thereto y94 are tier$�ry nr3tified lines i Appeal Number 1998-83 y 15 P IN Sywle on S),fAq has petloongd to the Zoning Board of Appeals for a Special Pemut for a Family r rietrt.purn;verif to 51ei ia►3 1.1(30)of the Zoning Oirl'uiance.The property is shown C Assessor's Map'189.PWftro3 .009 and is commonly addressed as 18 Belden Lane Centerville MA,in an RC;Residential Q Zoning.District. Number 1998-84 8 Oo P 1dl S-KJ.G C:o..•Ina Appeal 8 KrJ G.;.Co,. s applied tQ the Zonln9 Board of Appeals for.a.Varianceito Section 3 9.6(5)Bulk Regulations,Section 3- 5.2(6XC)GP Groundwater Protection Overlay District Lot Coverage,and Section 5.3.20)Generpi Powers.The applicant is seeldng a variance from the setback a lotsree pry visions, the.HS Highway Business District and lot coverage C3visfor►s the`0p Gr!oundwate Protedtion Overlay District The property is shown,on I�ssessats Map 31 fi,ParcelDnarrd is commonly addressdd a9499 lyanough Road(Airport Rotary).Hyannis,MA in.an HB Highway Business.Zoning District. Number 1998 85 y 8:15 P.M. Boater's World Marine Ceriters Appeal Bolsters World Marine Oarlters he's'apphedtotha Zoning Board of Appeals for a Variance to Secborr;4 3 7 Signs in the Business.,Highway Business,Urban Business and service and Dlstributwn:DisGicts.The Petitioner is requesting additional square footage to allow for and rearof the building.The Zoning additioirai slgrn to Eae en;eted on the Front,side Ordinance aiHotivs 5o squ8riefeetand 166 square feet is The property is shown on Assessor's wp=§I j Parcel 09?and is commorify addressed as 790 lyanough Road(Route 132). hlyanriis,MA 6i'arrHB Higfiviray Business District. These Pubiic.Heerirngs;witbe held in the Hearing Room:Second Floor.New Town Hall,367 Main Street,Hyannis,lylassachusetts;onWednesday.July 15,.1998.All plans and applice- .Uons may be.reviewedat the Zoning Board of Appeals Office,Town of Bamstable Planning. Depaitment.00-Sogth:Stn:et.Hyannis.NIA. . Errimatt Glynn,C haimien. Zoning Board 6f Appeals" The 8amstable patriot June 25&July 02: 1998 f THIS DOCUMENT HAS Town of Barnstable NOT BEEN RECORDED Zoning Board of Appeals Notice -Withdrawn Without Prejudic FILE COPY ONLY! Appeal Number 1998-76-S.K.I.G. Co., Inc. Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB Highway Business Zoning District, Section 4-4.4(2) Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings,and Section 4-4.5(1) Change of a Nonconforming Use to Another Nonconforming Use Summary: Withdrawn Without Prejudice Applicant: S. K.J. G. Co., Inc. Property Address: 499 lyannough Road(Airport Rotary), Hyannis Assessor's Map/Parcel: Map 311, Parcel 029 Zoning: HB Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The property is located at 499 lyannough Rd., Hyannis, on the Airport Rotary. It consists of a 0.36 acre parcel which presently contains a vacant gas station canopy and outbuilding that use to be owned by Shell Oil Company. The underground gas tanks have been removed. Shell had operated a gas station on the site since 1972. In 1978 the previous station was razed and converted to a self-service gas station facility. In that year, a variance from setback and the sign code requirements was granted to the station (Appeal No. 1978-63). Currently the gas station is abandoned. The abandonment appears to date to 1993. The property is located in an HB Highway Business Zoning District. Offices and banks are the only uses allowed as Principal Permitted Uses in this district. Food establishments are permitted as Conditional Uses in. HB Districts with a grant of a Special Permit from the Zoning Board of Appeals. The applicant is proposing to demolish the existing building and construct a new Dunkin Donuts store with two take-out counters and 12 seats, and no drive-thru. The applicant is seeking several forms of zoning relief to allow the site to be redeveloped for a Dunkin Donuts satellite store. Appeal Number 1998-76 a) a Special Permit for a food establishment, a Conditional Use in the HB Zoning District(Section 3-3.6(3)) b) a Special Permit for the alteration of a nonconforming building or structure not used as a single or two- family dwelling (Section 4-4.4(2)), and c) a Special Permit to change a previous nonconforming use (a self-service gas station) to another nonconforming use (a donut store) (Section 4-4.5(1)). Zoning History: Appeal No. 1978-63-granted a variance with conditions from setback requirements and the Sign Code to allow a new self-service gas station to be constructed on the property in place of the existing full-service gas station and to allow a total of three signs. Appeal Nos. 1993-41 & 1993-42 -where denied in 1993 when Shell Oil applied for a Special Permit and modification of their Variance(Appeal No. 1978-63) to remove the kiosk building , change the arrangement of pump islands, and construct an 800 sq. ft. building to be used as a food mart. Appeal Nos. 1996-131 & 1996-132-where denied in 1996, when Donut One Realty Trust applied for similar relief as presently being sought to allow the construction of a Dunkin Donuts express donut store, consisting of one building connected by a common roof line, having two separate drive-through windows and no seating.... r Town of Barnstable-Zoning Board of Appeals-Notice-Withdrawn Without Prejudice Appeal Number 1998-76-S.K.J.G.Co.,Inc.-Special Permits Sections 3-3.6(3)(A)Conditional Uses&4-4.4(2)&4-4.5(1)Nonconforming Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 16, 1998. 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 June 3, 1998 and continued to July 15, 1998, September 23 and November 18, 1998, at which time the applicant requested and the Board granted the appeals to be withdrawn without prejudice. Signed extension of time for holding and deciding of this appeal were executed and are contained in the file. Hearing Summary: Board Members deciding this appeal were David Rice, Ron Jansson, Richard Boy, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant. Attorney Ford explained that the applicant also would require a Variance to accomplish the plans and that there was an error in that only the Special Permit was advertised and not the Variance. The Variance request is being legally advertised for July 15, 1998, and Attorney Ford requested this appeal No. 1998-76 be continued so that it can be heard with Appeal No. 1998-84. The appeal was continued July 15, 1998 At the July 15 continuance,Attorney Ford requested both Appeal No. 1998-76 & 84 be continued. Both appeals were continued to September 23, 1998. At the September 23 hearing,Attorney Michael Ford submitted a memorandum to the Board addressing the issue of repetitive petition. Attorney Ford stated that if the Board finds that the application is fundamentally different from the previously denied appeal, and thus a new application, then MGL Chapter 40A;, Section 16 does not apply. Attorney Ford addressed the differences between the proposed application and the previously denied proposal. The differences include a proposal of exclusive walk-in only business- no drive-thru; right-in access only onto Route 28; less pervious surface; and more landscaping of the lot. Public comment was solicited on the issue of a repetitive petition only and no one spoke. Findings -Repetitive Petition: With reference to Appeal Number 1998-76, the Board made the following finding: The project involves a"fast-food restaurant'designed for a quick turn-over. Even though the petitioner has eliminated the request for a drive-thru, the restaurant aspects of the use still exist on a site which the Board has some serious concerns about. Decision -Repetitive Petition: Based on the finding, a motion was duly made and seconded that Appeal Number 1998-76 is not new petitions and that pursuant to MGL Chapter 40A, Section 16 that there are specific and material changes in the conditions upon which the previous unfavorable action was based and thus this matter is referred to the Planning Board for its determination pursuant to Section 16. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Ron Jansson, David Rice, and Chairman Emmett Glynn NAY: None The Appeal was referred to the Planning Board and continued to November 18, 1998. At the November 18 continuance of the hearing, a letter dated November 06, 1998 from Attorney Michael Ford to the Zoning Board of Appeals was read requesting that this appeal be permitted to be withdrawn without prejudice. Decision: Per request of the applicant, a motion was duly made and seconded that Appeal Number 1998-76 be allowed to withdraw without prejudice. 2 f (r Town of Barnstable-Zoning Board of Appeals-Notice-Withdrawn Without Prejudice Appeal Number 1998-76-S.K.I.G.Co.,Inc.-Special Permits Sections 3-3.6(3)(A)Conditional Uses&4-4.4(2)&44.5(1)Nonconforming The Vote was as follows: AYE: Tom DeRiemer, Richard Boy, Ron Jansson, David Rice, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1998-76 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 dat ofAhe,filing of this decision. A copy of which must be filed in the office of the Town 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. ! d Signed and sealed this ? day 1998 under the pains and penalties of perjury. r � Linda Hutchenrider, Town Clerk 3 Y PARS R311 029- KEYS 230226 TAX CODE:400 BURKEi JON$ 0 54 OAVIS'STRAITS FALMOUTH NA 02540-0000 PAR: R329 003- PAR: R311 ,025. PAR: R311 035.002 S KEY 24615T�TAX.000E:400 KEYS' 230182 TAX COSE:400 KEYS 230271 TAX CODE:400 BARNSTABLEP TOYN OF-CARP) CAPE-COD BANK TRUST CO M00RE•-STANLET 480-DARNSTABLE R0 2N0•LFLi 307,NAIN ST. STANLET'PL BARNS.TABLE MUNICIPALLAIRPRT HYANNIS NA:02601-0000 HYANNIS MA:02601-0000 HYANNIS MA 02601!0000, PARS`2311 035.001c PARS R311 033. PAR: R311 036. KEYS` 230262 TAXiCODE:400 KE12' _230253 TAX.CODE:400 KETA 230230 TAX CODE:400 MOOREi STANLEI:U A=F:6ERNAN:CO INC. JOKES. DAVID T i SHEILA M STANLEY PL .1159 MAIN ST 4 BLACKBERRY LANE HYANNIS NA 02601+0000 BROCKTON MA 02404+0000 IiYANNIS MA 0260E+0000 PAR:'23W O38. PARS`2311 032.• PARS 0311 026. KEYS. 230306 TAX COBES400 KEYS' 230244.'TAX'.CODES400 KEY!' 230191 TAX=CODE:400 REAOi-FRANCES'J: FINKELSTEINi-RUTU: PUILDPOULOS• 40NO TRS 4 BEARSE RD XHYANNIS'TRUE'YALOE.NRDUR, CIO.J'A P HYANNIS HYANNIS MA 0260E+0000 395 BARNSTABLE'RD 200:STUART:ST HYANNIS NA 02601+0000 BOSTON: MA 02116-0000 PARS,2311 030.001. ►AR:'B311 030.002 PARS 4311 028. KEYS 366552 TAX-CODE:400 KETS' -385023. TAX•CODE:40D KEYS• 230217 TANiCOOE:400 KALAT& M;N i SIGEL*�W W TRS ROBERTS. R:JAMES i'EIEAMOR P GESOTS 2R JANES A ELEANOR ZVDS REALTT:CO P 0 BOX-.27 P.0•BOX 243 ACCORD NA:02018-0000 ACCORD MA 02018-0000 LEICESTER NA 01524-0000 PARS` R311:027. PARS'-2311i032. KEYS 230208 TAX=CODE:400 KEYS 230734:TAi:000ES400. DENNIS F:TNONAS POST'. MITCNELL4 489N ROUTE;28• NITCNELLS STEAX•NOUSE HYANNIS NA 026014-0000 4511TAN1 1006WR0 HYA"Is NA 0Y601-0000 � ��� 7147 i Proof of Publication ___LEGAL NOTICES TOWN OF BAIRNWABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORCIjNANCE FOR JUNE 63.1998 . To all p Orj__J ed in,or affected the Board of • . ' 40A of`Er �'p' � � SN 11 of Chaptgr Laws of the Commonwealth of`Massec� amendments thereto.jlEw ire hereby nobfiad that= �; tt ' APf I 98-78 Jod Bel !has>aetrtioned[o thexun8 of for ai t pursuant to: Section 1(3)fA)Conditional Used#tf frermiE ttre renting of raoti rrtore than six(6) lodgers f r►ong(iJ multi-family rhnreNmB T}ie pr-p1 1 is Shown cso §essor's Map 324.. Parcel..f88 aAd.is commonly addressed',es:34 Circuit-Avenue'Hirxs MA in an RB. Residential B Zoning District. - 7r45 PM S.K.J.G.Co..Inc. Appeal!Number 1998-76 S-KJ.G.Co..Inc.(Stephen McCarthy, President)has petitioned to the Zoning Board lof: Appeals for a Special Permit.pursuant to Section 3-3.6(3)(A).Conditional Uses in the HB: Highway Business District,-Section 4-4.4(2)Non•confoming Building orStructure Not'Used as Single or Two-Faa*Dwellings and Section 4-4.50)Change of a Nonconforming Vse to; Another Nonconforming Use The petitioner is seeking[to demolish tthe_ osting gas pumps end bui�ding al►d redevelop the,sge for a;dpnkin iloihtd satellite stgtewit rtwd Countera;�arid 12 seats and nv:drive thru The property is shown bn Assesja 311 Parcel 029 and is commonly addressed as 499 Iyannough Road(Airport Rotaiy) Hyannis MA in an HB Hig hway Business Zoning Distnct. 8:00 PM Watson Alp I"Alentbar Conrad and Serena-A-Watson have petitioned to 8►e`Zor,u►g��ofllIypa ls[praial Permit pursuaot,to Section 4-4.3(2)Nonccnfgtmilfgtiyitt�9 "-,"§ ctti Jed andTwo Fame Resldences and. ae$Ingle. yy $action 4 4.5(?�6cpensrtxl gee Pre F�asfltg conforming Use: The petitwner seeks to obtain approval frb tfWedning Roerd of qn a Prlor non-conforming use Wtchen installation in an auw(a k6n ryry big" g foFrne►fjtcl9eds3s a seasons! bunk house) The propertyis shown on Assessor`sivlap 101 Pdical t }r tdis commonly addressed as 358 Flint Street;Marston Mills MA in an RIF hosidgnti$f Zoning istrlct;, 8r115°PM Mullah►_ APPeaI IillsaMbgw 199i 76. 1.Karen Mullaly has appealed the decision of tfie.Buildiri Commtssr r 3. (1).G g _.pursuant 5 Eq$action eneral Powers:-Appeal from Administrative Official)and ta[CI,C#tiapker'40A: $ect�ons 7 8 and 15. Currently, there is a single family. a c used for residential u Dees and a.storage t p rp rage.shed existing on the sta:_Thetitioners:.., Is the decision of the Building Inspector that the existing cottage on the s }s not pre g non conforfilrig Abuifdmgpertnrtto reconstruct the roofoftheexistingottag¢warden :The property is shown:on Assessor s Map 024.Parcel 025 and is common7j addressed as 4364 Falmouth:Road(Route 28),Coturt MA.in an RF Residential P Zoning District 8 30 PM Mul t i Appeal Number 1908-79 Karen Mullaly has applied to the Zoning Board of Appeals for.a Variance to Section 2-8.6 Limitahonof One:Pnncipal Building Per Lot in a Residential Distrlet. The-Vdiiance request Is to allow the Petitioner to maintain the existing single family home and existing detached cattsge on the site: (Thi§.relief is in the alternate to Appeal Number t 99Q 78J 11qe property is shown on Assessors Map 024,Parcel 025 and is commonly addressed as 4364 Falmouth Road(Route 28).Cotult, MA in an RF Residential F Zoning District Zoning District. TheI e .blic Hearings will be held in the Hearing Room:Second Floor;New Town Hall,367. Main Street Hyannis, Massachusetts on Wednesday, June.63; 1We. A9 plans'and applications may be reviewed at theZoning Board of Appeals.Office,Town of Barnstable, Planning 0 apartment,230 South Street:Hyannis,MA Emmett Glynn:Chairmen. Zoning Board of Appeals The Barnstable Patriot May 14 and 21, 1998 ttE The Town of Barnstable Department o e Safety f Health Safe and Environmental Services ,►ea Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner April 13, 1998 Attorney Michael Ford PO Box 665 West Harwich, MA 02671 Re: SPR-093-97 Dunkin Donuts, 499 Iyanough Road, Hyannis (311 029) Proposal: Demolish existing gas station and building. Redevelop site for Dunkin Donuts with 2 take out counters and 12 seats. No drive-thru. REVISED PLANS'. Dear Mr. Ford, The above referenced proposal was reviewed at the Site Plan Review Meeting of April 9, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the following conditions: • Dunkin Donuts to agree with "Right turn in/Right turn out" only on Barnstable Road. • Approval of Mass. Department of Public Works as to the Iyannough Road/Route 28 exit. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner "3 `j f 1557- yo SL.Sw.: °FTME ma The Town of Barnstable • snxxsrasM • 9� 116 9 Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-90-6230 Building Commissioner DATE: March 2, 1997 TO: Gail Nightingale,Chairman Zoning Board of Appeals I FROM: Ralph M.Crossen,Building Commission RE: Donut#1 Realty Trust Please be advised that on Wednesday,April 2, 1997 I became aware that Donut#1 Realty Trust and Barnstable Engineering had supposedly come up with a modification to the approved site plan. This modification,having to do with the exit next to Nantucket Sound,shows a planter extending into the exitway. I do not recommend the Board take any action until Site Plan Review has a chance to discuss this at a scheduled meeting. oFTMe o� i s BARNSrABM • 9�ArF 59- The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M.Crossen Fax: 508-790-6230 Building Commissioner January 22, 1997 Gail Nightingale Zoning Board of Appeals SPR-85-96 Dunkin Donuts, 499 Iyan%ugh Road (Airport Rotary), Hyannis, (311/029).Proposal: REVISED PLAN. Demolish existing gas station and buildings. Redevelop site for 2 Dunkin Donuts drive thru buildings. Dear Ms. Nightingale, As a result of Site Plan Review on January 16, 1997, all issues on this project were resolved except for die curbcut to the east. On this point, there was disagreement between the staff. In as much as this section of route 28 is a State Highway, I am recommending approval of the site plan subject to the final design approval of this curbcut by Mass. Highway. our experience is that Mass. Highway does not want.to be told how to do their job. Given this scenario, please consider the site plan approved. Respectfully, Ralph Crossen Building Commissioner �nie * BARNBIABLE. • 9�ArE�A,e� The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M.Crossen Fax: 508-790-6230 Building Commissioner April 10, 1997 Michael Ford 72 Main Street P.O. Box 665 West Harwich, MA 02671 Re: SPR-85-96 Dunkin Donuts, 499 Iyadbugh Road (Airport Rotary), Hyannis,(311/029). Proposal: REVISED CURBCUT PLAN. Demolish existing gas station and buildings. Dear Mr. Ford, The above referenced site plan (latest revision April 5, 1997) was reviewed at the April 10, 1997 meeting of Site Plan Review and deemed approvable and forwarded to the Zoning Board of Appeals. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Department. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner l °F Ilk, orvoA'is THE The Town of Barnstable • BAMSCABM • 9� "�; � Department of Health Safety and Environmental Services ArEcr�'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-90-6230 Building Commissioner DATE: March 2, 1997 TO: Gail Nightingale,Chairman,Zoning Board of Appeals FROM: Ralph M. Crossen,Building Commission RE: Donut#1 Realty Trust Please be advised that on Wednesday,April 2, 1997 I became aware that Donut#1 Realty Trust and Barnstable Engineering had supposedly come up with a modification to the approved site plan. This modification,having to do with the exit next to Nantucket Sound;shows a planter extending into the exitway. I do not recommend the Board take any action until Site Plan Review has a chance to discuss this at a scheduled meeting. r Town of Barnstable Planning Department Further Follow-up Staff Report Donut One Realty Trust Appeal No. 1996-131 -Special Permit-Sections 3-3.6 (3) Conditional Uses in HB District &4-4.5(1) Change of Nonconforming Use Appeal No. 1996 - 132 Variance to Section 3-3.6 (5) Bulk Regulations &3-5.2 (6) (c) Lot Coverage' in GP Groundwater Protection District Date: March 28, 1997 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Laura Harbottle, Associate Planner � pl ." ' Applicant: .�y Donut One,Realty Trust Property Address 49 ya nough Rd Hyannis` f& Property Owner Shell'Oil Cotuit.,.POBox=2099-, Houston, TX 77001 Board Members: Chairman Gail Nightingale, Ron Jansson, Emmett Glynn, Elizabeth Nilsson, and William Garreffi. Background: The background of this project has been described in previous staff reports (see attached report to Zoning Board of Appeals dated October 2, 1996.) Several major concerns identified in staff reports and at recent public hearings include traffic conflicts at the Route 28 entrance, the impact of the proposed use on traffic circulation, and conflicts between use of the Route 28 entrance to Dunkin Donuts and to property owned by Nantucket Sound, an abutter, which has an easement over 16' of that entrance measured at the street line. Over the past few weeks, the Zoning Board has received accident data for the Rotary from the Police Department. The applicant has returned to Site Plan Review and has proposed some new improvements to address traffic concerns. These included extension of an island in Route 28 beginning at the Rotary to a point just west of the east end of the Route 28 curb cut(see attached plan.) The Engineering Department has indicated that this should be extended at least to the midpoint of the Cape Cod Bank& Trust driveway to adequately protect traffic in this area. The state Highway.Department must approve of any such changes to Route 28 before they can be implemented. It appears they have not been consulted at this time. From the draft Meeting Notes, it is unclear whether Site Plan Review approval has been obtained. A concern has been raised by the owner of the abutting Nantucket Sound about the close proximity of the Dunkin Donuts building to the Rotary. The Board may wish to clarify the height of both buildings to the top of the ridge, and request information from the applicant regarding setbacks of other buildings on the Rotary. All of these buildings appear to be setback a minimum of 50'from the street line. If the Board finds to grant the relief requested,.they may wish to consider the following conditions:: 1. No baking shall be permitted on the site. Donuts and other baked goods shall be delivered to the site. 2. Due to concerns for traffic circulation within the site and traffic generation, only one express retail donut shop of 40' x 21' shall be constructed. Staff Report-Donut One Realty Trust f Appeal No.96-131 -Special Permit-Appeal No. 1996-132 Variances r 3. All signs must meet the requirements of the Town of Barnstable zoning ordinance and to further prevent confusion caused by signage, no interior lit signs shall be permitted. 4. All requirements of the Health Department, Building Department and Hyannis Fire Department must .be met. 5. The entrance on Route 28 furthest from the Rotary shall be modified as per direction of the Engineering Department so that an adequate entrance can be maintained for parking for Nantucket Sound in conformance with any easement they hold over this entry. 6. The exits onto Route 28 and Barnstable Rd. shall be marked No Left Turn. 7. All runoff shall be contained on the site. Drainage shall be installed in accordance with plans reviewed by the Engineering Department. 8. A 10' green buffer shall be prcvided along each side of the lot and the abutting roadway. This 10 foot buffer shall be provided within the perimeter of the lot. All other landscaping shall be according to the proposed Site Plan dated July 18, 1996 approved by Site Plan Review. 9. All Curb cuts onto the Rotary itself shall be closed. Two curb cuts shall be provided, one on Barnstable Rd. and one on Route 28. These shall be no wider than 24', unless the Engineering Dept. deems necessary to accommodate traffic to Nantucket Sound. 10. To promote traffic safety in this area, the island in Route 28 which begins at the Rotary shall be extended to the midpoint of the Cape Cod Bank and Trust driveway. A letter from Mass. Highway Dept. approving this extension must be provided to the Building Commissioner prior to the applicant obtaining a building permit. 11. The applicant shall work with the owner of Nantucket Sound to develop a plan which provides a safe entrance to his parking area and Dunkin Donuts. This plan must be approved by the Engineering Department as evidenced in a written communication to the Building Commissioner prior to issuance of a building permit for Dunkin Donuts. 12. All proposed buildings shall be set back a minimum of 50' from any street line. Attachments: Plan Reduction, Parking Plan Memo, Robert Burgmann, Town Engineer Staff Report, Plar ping Department to Zoning Board of Appeals, October 2, 1996 3/27/97 Site Plan Review Meeting draft Meeting Notes copies: Applicant/ Petitioner 2 I o 0� � . tool �. �tiF R��yT wool PROPOSED CODE BERMCAPE1 e INGRESS do EGRESS EASEMENT Z / O PROPERTY UNE 2 �17 0 w MAP 311 LOT 28 a N/F JAMES AND ELEANOR moo / ROBERTS �. PROPOSED STOCKADE FENCE PART PLAN 'DRIVE—IN' `� r EXISTING CONCRETE o' RETAINING WALL PARKING SPACE EXISTING PARKING PLAN TO ACCOMPANY DUNKIN DONUTS SITE PLAN IN BARNSTABLE, MA r -.. ,N of� ." o l" _,��-�sq SCALE: 1' = 10'. FEBRUARY 28. 1997 • P y . AR Ao0 �� \ 8p• � �O GR9 CODE � ONE y�'Rti 1 T•. N INGRESS do EGRESS EASEMENT /EYIS ZINC 0 /STRIPES / PROPERTY LINE `MAP 311 LOT 28 o N/F JAMES AND ELEANOR p \ ( ROBERTS 0 PROPOSED CI, STOCKADE FENCE EXISTING CONCRETE 0 ' RETAINING WALL PART PLAN PARKING IN EXISTING STRIPING NOTE: FOR FULL SITE LAYOUT AND DETAILS SEE PLAN ENTITLED i Lavoie Debbra From: Burgmann Bob To: Lavoie Debbra Cc: Traczyk Art Subject:. Dunkin Donuts @ The Airport Rotary Date: Friday, March 28, 1997 11:25AM This office has reviewed the latest plan submitted for the above referenced project. It is our opinion that the proposed extension of the island in Route 28 does not go far enough to the east to prevent left turns into the site. If that is it's intended purpose, then it should be extended further to the east at least as far as the centerline of the CCB&T driveway. Any work proposed in the Route 28 must be approved by MHD District 5 in Taunton. The width of the Route 28 curb cut is too wide and will constitute an unsafe condition because it will make it possible for several cars to pull up side by side while waiting to enter Route 28. This could result in the vehicles on the right having their vision blocked by the vehicle to the left. It can also result in several cars trying to enter Route 28 simultaneously. We strongly feel that the width of the curb cut should not exceed 25 feet. The present plan shows a width of 52 feet curb to curb. Page 1 Town of Barnstable Planning Department Staff Report Donut One Realty Trust Appeal No. 1996-131 -Special Permit-Sections 3-3.6 (3) Conditional Uses in HB District &4-4.5(1) Change of Nonconforming Use Appeal No. 1996 -132 Variance to Section 3-3.6 (5) Bulk Regulations &3-5.2 (6) (c) Lot Coverage in GP Groundwater Protection District Date: October 2, 1996 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Laura Harbottle, Associate Planner Applicant: Donut One Realty Trust Property Address: 499 lyannough Rd., Hyannis Property Owner Shell Oil Cotuit., PO Box 2099, Houston,TX 77001 Assessor's Map/Parcel Map 311, Parcel 29 Zoning: HB Highway Business Groundwater Overlay: GP Groundwater Protection District Appeal No. 96-131 Special Permit-Sections 3-3.6(3) Conditional Uses in HB District&4-4.5(1) Change of Nonconforming Use Appeal No. 1996- 132 Variance to Sections 3-3.6(5) Bulk Regulations&3-5.2(6) (c) Lot Coverage in GP Groundwater Protection District Filed September 11, 1996 Public Hearing,Oct.9, 1996 Decision Due Jan.7, 1997(Special Permit) Dec. 19, 1996 (Variance) Update: At the conclusion of the last hearing of this appeal, the Board determined to contiunue the appeal to allow the applicant to; • re-address the question of ingress/egress, • study and analysis of traffic as related to the roadway layout and Cape Cod Bank and Trust entrance and the ability of cars to turn left into and from that site, and • applicants re-consideration.for one curbcut for entrance only and one curb cut for exit only. Background: As the Board and applicant are aware, staff has expressed concern for the proposed reuse of this small 0.36 acre lot in terms of over development and traffic. Staff would like to add that it recognizes the need to improve this site as its structres are deteriorating and represent an eye sour at the"gateway" to Hyannis. The site has lingered vacant for sometime and should be put to some use. 1 The property is located at 499 lyannough Rd., Hyannis, on the Airport Rotary. It consists of a 0.36 acre parcel which presently contains a vacant gas station canopy and outbuilding, owned by Shell Oil Company. Shell had operated a gas station on the site since 1972.. In 1978 the previous station was razed and the converted to a self-service gas station facility. In that year a variance from setback and the sign code requirements was granted to the station (Appeal No. 1978-63). Currently the gas station is abandoned. The abandonment appears to date to 1993. The applicant has an agreement to lease the site from a third party who will purchase the property from Shell Oil Company and is proposing to construct a Dunkin Donuts express donut store, which will consist of two buildings for sale of coffee, donuts, and other pastry for take-out, with no seating. The applicant's proposal has been reviewed by the Site Plan Review Committee which found the plans approvable with conditions. Zoning History In 1993, Shell Oil applied for a Special Permit and modification of their variance to remove the kiosk building , change the arrangement of pump islands, and construct an 800 sq. ft. building to be used as a food mart(Appeals No. 1993-41 & 1993-42.) Approximately 500 sq. ft. was estimated to be used for food sales. The food mart was described by the proponent as being for the sale of"impulse" items. At that time, the increase in potential traffic at this location was a primary concern to the Board. In their findings, the Board found the number of accidents over a two-year period was 42, and traffic counts at the Rotary were 48,000 vehicles per day. The food mart was considered to increase traffic by 654 trips to and from per day. This application was considered detrimental to the neighborhood and was denied. The proposal had included closing one of the two curb cuts onto the Rotary. Zoning Relief Requested/Site Design The applicant should provide the Board with copies of the proposed purchase and sale and lease agreements so that standing can be established. The applicant has applied for the following types of zoning relief: a a Special Permit for a food establishment, a Conditional Use in the HB zonin P 9 district (Section 3-3.6(3)) b) a Special Permit for change of previous nonconforming use (Section 4-4.5(1)) c) a variance from the Bulk Regulations 3-3.6 (5) for setbacks from Barnstable Rd. and Route 28 d) a Variance for lot coverage in the GP Groundwater Protection District (Section 3-5.2(6)(c)) The applicant is requesting two Special Permits for the proposed use. Item"a" above is that authorized as a conditional use, and item"b" is for a change of a nonconforming use. The board may wish to consider which is appropriate. It appears the gas station use may have been abandoned as per Section 4-4.8 which states"Any lawful pre-existing non-conforming use or building or structure or use of land which has been abandoned or not used for 3 years, shall not thereafter be re-established." Also for consideration on the use Special Permit is Section 4-4.5 that states"A pre-existing non- conforming use may be changed to a conditional use by special permit provided for within the zoning district in which it is located, ..." Food establishments are allowed in the HB District as a conditional use provided the Board finds the use does not"substantially adversely affect the public health, safety, welfare, comfort or convenience of the community."Staff would suggest that the appropriate relief for the use is a Conditional Use Special Permit only. A Variance has been requested from Section 3-3.6 (5) Bulk Regulations. According to the zoning ordinance's definition of setback, when a lot abuts more than one street, front yard setbacks apply 2 from all streets. A 100' setback from Route 28 is required, and a 60' setback from Barnstable Rd. The entrance to the larger buildings faces Route 28 but the plans show 14' from Barnstable Rd. and 40' from Route 28. Since the property is in the GP Groundwater Protection District, no more than 50% of the upland should be impervious and a minimum of 30% should be maintained in its natural state. This site is already completely paved, and if these requirements can't be met, some zoning relief may be in order. As noted by staff at Site Plan Review a 10' landscaped strip along abutting roadways is required in the HB zoning district(Section 3-3.6 (6)). The plans do not show this strip; even taking into account planted areas in the road layout at one point the buffer narrows to about 65. The applicant should apply for appropriate zoning relief if the buffer cannot be created. It is recommended that the buffer at the street line be increased to 10' as required by the zoning ordinance, which would somewhat increase the impervious surface. The submission to Site Plan Review noted that 12 parking spaces were required but the interior calculation was not shown. The number of employees and take-out windows needs to be provided so the parking can be fully evaluated. The plans call for closing two curb cuts onto the Rotary and narrowing those on Barnstable Rd. and Route 28. It is important to note that an abutting business, Nantucket Sound, has 7 parking spaces adjacent to their building which are accessed through the eastern entrance to the gas station site off Route 28. These are not shown on the Dunkin Donut plans. There appears to be an easement to that business over this entrance. At this writing, the owner of Nantucket Sound was meeting with the Engineering Department to determine how the entrance should best be configured to allow access to their parking. Variance: In consideration for the Variance, the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. Staff Review and Comments: It is desirable to have this very visible site occupied, rather than continued vacant. It is a positive step that the two curb cuts directly entering the rotary will be closed. The buildings were described as having a"traditional Cape Cod" look but at this writing, elevations of the building had not been received. As the Board and applicant are aware, Town Council had expressed concern that development along the major corridors to the downtown Hyannis appear and function as an entry way for the town. This proposal, with its two buildings and extensive pavement for staking of vehicle, appears that it could be an over-intensification of the site. Serious consideration needs to be given to traffic impacts and potential conflicts with turning movements and possible confusion. This effect would be lessened if one, rather than two, buildings could be constructed and some re-adjustment of the internal site traffic could be made. The internal traffic is very close to the rotary traffic and its direction could lead to confusion. Traffic Considerations If the Board has determined that this Special Permit for the use of the site is appropriate as a Condition Use under the HB Zoning District as per Section 3.3-6(3)- traffic considerations should be addressed on its own merits. That is to say a comparison of the gas station use verses the donut shops use should not be the bases for the Boards findings. That comparison should be made only if this were a change in a Non-Conforming Use. Gas Stations and donut shops are both conditional uses in the HB District. 3 Figures on traffic in this area show a constant heavy traffic volume. The figures below do not reflect traffic at the Rotary, but refer to roads leading directly into it. Cape Cod Commission Traffic Counts Road Date Average Daily Traffic Rt 28 E of 132 (westbd) 6/94 14,679 7/96 17,317 Rt 28 W of 132 (eastbd) 8/91 10,789 6/94 10,704 6/95 10,689 Bstble Rd S of Rty (northbd) 8/91 12,502 6/94 10,432 Rt 132 N of Rty (both directions) Summer, 1992 32,400 ' From BYTS Study The month which these figures represent must be taken into consideration when analyzing traffic volume. The summer population on the Cape is typically highest in July and August,so one would expect to see higher traffic volumes in August than in June. Thus,the decrease of traffic on Barnstable Rd.from 8/91 to 6/94 does not necessarily mean there were fewer cars in August, 1994 than August, 1991. It is most likely that traffic on Route 28 eastbound was actually higher in August, 1994 and 1995,than is shown by figures for June. No traffic generation numbers were submitted with the plans. The applicant should be prepared to address traffic. No figures are available in the ITE Manual to accurately address this particular use. Many corporation of this size tend to have accurate information on trip generation and peck periods of traffic. Staff would suggest that much of the traffic utilizing the site would be from existing passing-by traffic and not new traffic generated by the proposal. However the biggest concern would be for the turning movements and the peak hour of those movements. possible conflicts could be created by each turning movement in and out of the site. Cars attempting to turn left into the site from Route 28 could pose a possible additional tie-up in close proximity to the Rotary and further deteriorate traffic flow along Route 28. Data for 1989- 1991, provided in the Barnstable Yarmouth Transportation Study (BYTS) found the average number of accidents per year to be 36. This study noted the Rotary having the highest number of accidents for that period of any intersection in Barnstable, and the third highest accident rate at 1.83 accidents per million vehicles. Staff Recommendations: If the Board finds to grant the Variances and Special Permits requested, they may wish to consider the following conditions: 1. No baking shall be permitted on the site. Donuts and other baked goods shall be delivered to the site. 2. Due to concerns for traffic circulation within the site and traffic generation, only one express retail donut shop of 40'x 21' shall be constructed. 3. All signs must meet the requirements of the Town of Barnstable zoning ordinance and to further prevent confusion caused by signage, no interior lit signs shall be permitted. 4 4. All requirements of the Health Department, Building Department and Hyannis Fire Department must be met. 5. The entrance on Route 28 furthest from the Rotary shall be modified as per direction of the Engineering Department so that an adequate entrance can be maintained for parking for Nantucket Sound in conformance with any easement they hold over this entry. 6. The exits onto Route 28 and Barnstable Rd. shall be marked No Left Turn. 7. All runoff shall be contained on the site. Drainage shall be installed in accordance with plans reviewed by the Engineering'Department. 8. A 10' green buffer shall be provided along each side of the lot and the abutting roadway. This 10 foot buffer shall be provided within the perimeter of the lot. All other landscaping shall be according to the proposed Site Plan dated July 18, 1996 approved by Site Plan Review. 9. All Curb cuts onto the Rotary itself shall be closed. Two curb cuts shall be provided, one on Barnstable Rd. and one on Route 28. These shall be no wider than 24', unless the Engineering Dept. deems necessary to accommodate traffic to Nantucket Sound. Attachments: Applications Assessor Map Plan Reduction copies: Applicant/Petitioner Building Commissioner 5 Figures on traffic in this area show a constant heavy traffic volume. The figures below do not reflect traffic at the Rotary, but refer to roads leading directly into it. Cape Cod Commission Traffic Counts Road Date Average Daily Traffic Rt 28 E of 132 (westbd) 6/94 .14,679 7/96 17,317 Rt 28 W of 132 (eastbd) 8/91 10,789 6/94 10,704 6/95 10,689 Bstble Rd S of Rty (northbd) 8/91 12,502 6/94 10,432 Rt 132 N of Rty (both directions) Summer, 1992' 32,400 From BYTS Study The month which these figures represent must be taken into consideration when analyzing traffic volume. The summer population on the Cape is typically highest in July and August, so one would expect to see higher traffic volumes in August thanb in June. Thus, the decrease of traffic on Barnstable Rd. from 8/91 to 6/94 does not necessarily mean there were fewer cars in August, 1994 than August, 1991. It is most likely that trafic on Route 28 eastbound was actually higher in August, 1994 and 1995, than is shown by figures for June. i 6 �J SPR-85-96 Dunkin Donuts,499 Iyanough Road (Airport Rotary), Hyannis,(311/029). • Proposal: REVISED PLAN. Demolish existing gas station and buildings. Redevelop site for 2 Dunkin Donuts drive thru buildings. ZBA is requesting additional information. Micheal Ford presented the proposal. Reviewed past actions of Site Plan Review and Zoning Board of Appeals. This proposal has recently been sent back to SPR for more in put. There are easement issues yet to be ironed out with abutter,Nantucket Sound. Mr. Ford reviewed comments and revised plans. Aware that Applicant will need to seek Mass. Highway approval for any changes to area withing State layout. • Engineering stated they are still concerned with left turing in/out of site. Island must be extended. Left turning must be prohibited. • Mr. Ford stated he cannot infringe on the CCB&T access across the street. • Engineering stated Applicant must extend island to mid point of CCB&T driveway to a minimum. • Traffic conflicts were determined. • Building Commissioner asked engineering if there is a solution to this issue. Engineering is not sure. There is a standard for the town for a 25 foot drivway width. • HAEDC stated this proposal improves the site and in support of the proposal. • Building commissioner reminded staff that the only isues before SPR today was the curbcut. • Planning stated this is a difficult site. Asked why in couldn't be one way in on one side, one way out on the other side. Engineering stated that would be difficult to enforce. • Fire department stated access is adequate. Will need interior plans later. • Building Commissioner addressed easement and parking spaces. These rights are complicated. Recommends to the.staff that it be forwarded to the ZBA with individual staff comments. A resolution cannot be reached. • Mr. Ford reviewed history of ZBA requests. Stated there was a plan back in October given to mr. Ford from Mr. Burgmann showing parking spaces within the easement. Mr. Ford stated he has reviewed the easement documents and it is clearly for access and not for parking. Nantucket Sound is parking within the easement. Easement documents states neither party can block the easement. • Engineering stated 52 feet is an unsafe condition. Mr. Ford stated he has no rights to alter the property adjacant to this. Dunkin Donuts access is 32 feet. • Building Commissioner forwarded proposal back to Zoning Board of Appeals. Engineering will provide traffic analysis and accident data to both Engineering and ZBA. i MICHAEL D. FORD, ESQUIRE A7rO1UN11Y AT LAW 72 MAIN STREET p,0.BOX 665 W, HARWICH, MA. 02671 TELEPHONE(508)430-1900 TELL SPAX (508) 430-8662 DATE: IL TELECOMMUNICATION INFORMATION SHEET PLEASE DELIVER THE FOLLOWING PAGE(S) `1'O: A L0.1 Q st" Recipient"e Name Company 1 1 Telephone Number 2_3 U Telecopier Number THIS MATERIAL IS FROM: Mike Ford (Debbie} Sender's Name Company (508,) 430-1900 — Telephone NUMber (5081 430-8662 Telecopier Number TOTAL RAGES. (not including cover) II YOU DO NOT RECEIVE ALL THE ;.PAGES, PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE. nRRMARKS 4444 NOTICE OF CONFIDENTIALITY, THIS TRANSMITTAL MAY CONTAIN INFORMATION THAT IS PRIVILSOED AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS TRANSMWrAL 13 NOT THIS IN L41DED R9CIPIWr OR THE EMPLOYEE OR THE A®ENT RESPONSIBLE FOR DELIVOUNO TO THE INTENDED RBCIPImn.YOU ARE III3REBY NOTIFIED THAT ANY DISSFMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION ie STRICPLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATMY BY TELEPHONE IMMEDIATELY TO ARRANOE FOR INSTRUCTIONS AND ADVICE. TO 3E)V6 GIJ03 NCSNIIS Z9980CV809 ZT:90- b66T/Z0/T0 11&0 GELS CD GIL2 LS -W4 1./`i.A .•B.".-is1?k �� IA®ptF1t4"tt� t _ sno v. A . c h_ : Y2 volr -� B7.3 �7.9 pw .'97.E' .. 67.fl yQ s cn 1129y_2 97 IT a7. a7:9:.: —� $ 33 7.4 10, Ej o -J O .� l one od . h OD Ci CD Ul N A-- V 07.2 tCg Am1 L ZI 19 o .9 V.m CD .97.9:._ d v /� 2a� T m 43 47-: 72 oak MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET P. O. BOX"S W. HARV#gCH, MA. CM71 TELEPHONE(SOB)430-1900 TELEFAX (508)430-@662 April 2, 1997 via fax 508-790-6230 Ralph Crossen, Building Commissioner Town Hall 367 Main Street Hyannis, IRA. 02601 Re: Cookers Restaurant, Route 132, Hyannis Dear Mr. Crossen: As you may recall, the above-referenced site plan was approved subject to the applicant's enqineer, Mr. Sullivan, working out the final parking design with Mr. Burgmann. The site plan finally approved by your Committee this past Thursday showed an alternative parking design in one area of the site. it is my understanding that Mr. Sullivan and Mr. Burgmann have had a further discussion, regarding four of those spaces and enclosed is a revised sketch to a portion of the approved site plan, which Mr. Burgmann and Mr. Sullivan have worked out. I intend to ask the Board of Appeals to incorporate that small revision in any decision that they make on this matter but I wanted you to be aware of this change which I was notified of today. As always, I appreciate your cooperation and assistance. very truly , 14ichael D. Ford MDF/djw CC: Gloria Urenas Peter Sullivan Jim Haidas Bob Burgmann zO 39bd adOd S NOSNIIS Z99806V809 ZT:G0 066T/ZO/TO oFTHE r� snttxsenBM A,F 39. The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M.Crossen Fax: 508-790-6230 Building Commissioner January 22, 1997 Gail Nightingale Zoning Board of Appeals SPR-85-96 Dunkin Donuts, 499 Iyanough Road (Airport Rotary), Hyannis, (311/029).Proposal: REVISED PLAN. Demolish existing gas station and buildings. Redevelop site for 2 Dunkin Donuts drive thru buildings. Dcar Ms. Nightingale, As a result of Site Plan Review on January 16, 1997, all issues on this project were resolved except for the curbcut to the east. On this point, there was disagreement between the staff. In as much as this section of route 28 is a State Highway, I acn recommending approval of the site plan subject to the final design approval of this curbcut by Mass. Highway. our experience is that Mass. Highway does not want to be told how to do their job. Given this scenario, please consider the site plan approved. Respectfully, Ralph Crossen Building Commissioner �TMe rq� BARNSTABM The Town of Barnstable ArFo,,,,orA Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner September 5, 1996 Attorney Michael Ford P.O. Box 665 West Harwich, MA 02671 SPR-85-96 Dunkin Donuts, 499 Iy ough Road'(Airport Rotary), Hyannis, (311/029). Proposal: Demolish existing gas station and buildings. Redevelop site for 2 Dunkin Donuts drive thru buildings. Dear Mr. Ford, The above referenced site plan was reviewed at the September 5, 1996 meeting of Site Plan Review Committee and deemed approved and forwarded to the Zoning Board of Appeals with the following conditions: • Mass. Highway approval for areas within their jurisdiction regarding Route 28 access and landscaping. • No seating permitted. • Location and placement of curbing acceptable to Engineering. Please notify Engineering for an inspection when work is complete. • Submit landscaping plan to Site Plan Review. It is also suggested that architectural plans be reviewed by Patricia Anderson, Director of Historic Preservation for her input and comments. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions,please feel free to call. Respectfully, Ralph M. Crossen Building Commissioner i I Chapter III, Article III Zoning By-Laws A. PURPOSE 1. The purpose of these by-laws is to promote the health, safety, convenience, morals and/or general welfare of the Inhabitants of the Town of Barnstable, to protect and converse the value of the property within i the town, to increase the amenities of the town, and to secure safety from seasonal or periodic flooding, fire, congestion or confusion, all in accord with the General Laws, Tercentenary Edition of the Commonwealth of Massachusetts, Chapter 40A, Sections one(1)to twenty-two(22), or amendments thereto. For this purpose, the height, number of stories, size of buildings and structures, size and width of lots, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, marine business, industry, agriculture, residence or other purposes are regulated within the Town of Barnstable as hereinafter provided. i U. SIGNBOARDS I 1. Purposes, Prohibition This section is adopted for the regulation and restriction of billboards,signs and other advertising devices within the town on public ways or on private property within view of a public way or public park in order to protect and enhance the visual environment of the town and safety,convenience and welfare of its residents. Signs which are erected or otherwise created without a permit from the Building Commissioner, as herein provided, or are maintained except in conformity with this section are prohibited. I j 27. PENALTIES a) The Building Commissioner may issue citations for violations of these regulations. e b) A failure to respond to properly-issued citations or the issuabce of three (3) or more citations for a sign shall be construed as a major violation subject to a fine of not more than one hundred ($100.00)dollars. Each day that such violation continues shall constitute a separate offense. I c) Continued violation, even with payment of penalties, for a period of sixty (60)days shall be grounds for removal of the sign(s) in question, following the procedures for illegal signs. d) Applicants for signs who have previously had penalties for illegal or non-conforming signs may be required to post a deposit of no more than five hundred($500.00)dollars per sign for new permits. The Building Commissioner shall review the sign one year from the issuance of a.permit and either issue a certificate of compliance, release the deposit, or order necessary corrective action utilizing the deposited funds, with any remaining funds and a full accounting of monies spent returned to the applicant. I 30. Enforcement. a) The provisions of these regulations shall be enforced by the Building Commissioner. b) Citations, as specified in Section 27 may be issued by the Building Commissioner. Upon motion duly made and seconded it was voted that the Town adopt Article A-1 as printed in the warrant, except that in Section 7, Subsection B), line one, the word "Free standing" be inserted after the word "any", and that in Section 15, Subsection B), that the second sentence be deleted and the following sentence be inserted therein. "All political signs shall be removed within three (3)days after the election for.which the f signs were erected", and that in Section 26, Subparagraph A), the words "Subsections A)and B)" be inserted after the word and numeral "Section 5)." i °•ry` WARNING WARNING No /9 • No. /8 TOWN OF BARNSTABLE NOTICE OF VIOLATION TOWN OF BARNSTABLE NOTICE OF VIOLATION OF TOWN BYLAW OR REGULATION OF TOWN BYLAW OR REGULATION (Date of this NoticA} 0 to lOs l��e� /`1- 19 " ��� .- (Date of this Notice)_ �6y�t�� �� 19 To. /r2 ; srr r' �b �N'c! .)lam 1Q,I To: /YL Cre 96 (Name ofJOffender) / (Name of Offender) (Address of Offender) (Address of,Offender) l N A!c ( ity, State, Zip Code) (Ci , State, Zip Code) YOU HAVE BEEN OBSERVED VIOLATING 4 4 YOU HAVE BEEN OBSERVED VIOLATING } ,0!j 5 R',Y'�/L a'i �-`,-0 t 1 d t ic/ .�f✓��%' lY++�f��� ` �L ` Z0 01 ecific bylaw or regulation) 1 r (spec bylaw or regula' n) 4 /(, r "i'�rf �y'fzl j, r %50 (Z) (act constituting violatio ) by C s 1 ) ... `- ,(act cons itut ?ation)- /x A /7' ,L7 N✓<✓a? (00 24 9A e//b►daW 1-1 ..ter._.��... ------------ at / 95o -(�r-MJ P.M. on��e ) 1 at S ( )P.M. on /� 19 �f / (time and dat of v(o lation (time and date ool viol ion) at //�4 7, �6 (place of violation) � (place of violation) 3 � J f (Signaturekof Enforcing Person) r ignature 6h Enforcing Person) �I HEREBY ACKNOWLEDGE RECEIPT OF THE I�EREBY ACKNOWLEDGE RECEIPT OF THE FWREG&NG WARNING: FOR G WARNING: (Signature of Offender) (Signature of Offender) ❑Unable to obtain signature of Offender. ❑Unable to obtain signature of Offender. i Assessor's map and lot number,Y..�J: . ...... THE rp� Sewage Permit number .....:.................................................. v 1 BARNST&BLE, i f' House number r MAB6 �r t � pp 1639. ♦0 T p NPy a\ TOWN OF BARNSTABLE BUILDING +INSPECTOR APPLICATION FOR PERMIT TO TC. TYPEOF CONSTRUCTION ........................:...:.................................................................................:.........:.......... ............................................19........ TO THE INSPECTOR OF BUILDINGS: i s The undersigned ereby applies for permit according to the following information: Location ✓ ...."....... .. .. ... ..... ........................................................ ProposedUse ............................................................................................................................................................................. ZoningDistrict ..i '.i....................... .... .................Fire District ................................................................................ . . Name of Owner .................. .... .... .. ....................Address ........... ............. Name of Builder ......Address �GvI�l..Y.�...0P7................. Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms ..................................................................Foundation .............................................................................. Exterior ....................................................................................Roofing .................................................................................... Floors ........ • ......Interior ..................................................... t• Heating . ..................................................................................Plumbing ............................................................................. Fireplace ...........I. ........... . .. ......I............................ .....Approximate Cost ..........=77.... -'..................................... Definitive Plan Approved by Planning Board ---------------------_----------19________. Area ........ ............ ...... Diagram of Lot and Building with Dimensions Fee A fl t-..�..: SUBJECT TO APPROVAL OF BOARD OF HEALTH : I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ..... ............. . ............. . F�cla RT SHELL .................'Permit for ..Demolish............. �. , ice Station .... Y....Hyannis...................... :..........ir ort Shell............................................................. - � _ s Type of: Construction' ..L'!jasQX}xy„ a - - .... _ .................................. ... ......... Plot ......................... .. Lot ....... . ............. I . + • ` :i ` Permit Granted June 3 0, 81.19 Date of-Inspection ..19 Y Date Completed �- .. ; 19 PERMIT REFUSED ................................................. 19 S e 1 ~5 ...................................=............................................. ................ .......................................................... Approved = • r .................................;.............................................. Assessor's map and lot number .. - ��.. TNE ......................................... O O� Sewage Permit number ':..:.: �+ (� • 4 Z BARNSSTa LE, i House number ....` .:.:............... X,.....,,.......................... 9.. Op t639. \0� *. 0 MAI a TOWN OF BARNSTABLE BUILDING -, IN PE, T S .0 OR APPLICATION FOR PERMIT TO ..:. ..... g... .................................................................... TYPE OF CpNSTRUCTION e !S( .19. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to/j, the..following information: Location `' r....."... ...... �t.LC . ................................................. ................................... J � ProposedUse ................................................................. .. .. .. .................................................................I......................... ZoningDistrict .................................................. ................... ......Fire District .............................................................................. ee .... Y ! Address. ...........Name of Owner ...................,....1�..................................... ... + ...............s......................................................... Name of Builder � r .127.. .s.....QQ.k! Address ..../.:1:• :.... . ..04............... Nameof Architect .........................................................�` .Address ........................................................... ............. ... Numberof Rooms ........................................................ .:_�Foundation .............................................................................. ..... . ..':..Roofing ........................................ Floors .............. ............. t f .Interior ........ ....................................................................... t.. Heating : ............ ....... ... ...... .. '•Plumbing ....... . ':................ ...................: ................. - Fireplace .................. ......................................................... ..Approximate Cost ..........•.'_ �.................................... Definitive Plan Approved by Planning Board ;__________19________. Area ........................................... Diagram of Lot and Building with Dimensions * Fee ....Eu,—.......... SUBJECT TO APPROVAL OF BOARD OF HEALTH 1F , I a A _.:�. 4 ... --- _ . ,,, t�* ---_-• -—'—, -'-- - -mot - -- - 'i 1 hereby agree to conformk•to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Ll Name ... ............. . .............. ...... ...... AIRPORT SHELL A=311-29 � ~ -�� / , .� r No _2.3254- Permit --. � . Service Station --------------------------' ' Rotary Locohon ---------------. . ~ � ..�---...� u��.�--------------- �i Shell C�vvnar --..�������--------------.. � � | Type of Construction .. ------- . . � --..-------.-----.---------.'-. � P��� ' Lot ......................--------- ------' ---'' ' } ^ . June, gy, 81 ' Permit Granted , lg ' ----'��s'-----'' Dote + �i� lA ~ re`^~'�.._'..-' -'.--- Dote Completed ------------'lV ! ` , � \ ' PERMIT REFUSED _____,___------------.. lQ � .................................................... .............. / - ................................................11, /m------.. ^ � . ^ -------'' � .'�[- ---------'' . ..........................-^. ............. ................................. ~ _ ^ � Approved / 1 � -----'-'--------- lQ . -------------:--..---.----.-. � r � ' . -----------'---------'---'~'- � ' U) SHELL OIL COMPANY : 1145 RESERVOIR AVENUE CRANSTON, RHODE ISLAND 02920 4 April 2, 1979 Town of Barnstable Building Department Re: Building Permit #20796 Town Hall Rebuild Service Station 397 Main Street 499 Iyanough Road Hyannis, Massachusetts 02601 Hyannis, Massachusetts ATTENTION: Building Inspector Gentlemen: Due to the current gasoline supply situation and Federal Allocations, we will not be rebuilding our existing gasoline service station located in Hyannis at 499 Iyanough Road (Route #28), Hyannis Airport Rotary prior to the expiration of this building permit. We expect. the current supply difficulties to ease this Fall and therefore request an extension of building permit #20796 (copies attached) for one year.. ..We hope to start construction no later than Spring of 1980. For our records, may we have your acknowledgment and approval of this request for .an extension.. f,Ve; y ou , S. ohnson strlct Manager Attachment s cc: Sales Manager District Real Estate Representative District Engineer Territory Manager I ' 1 ...'�• S� •lA a �r '� :c: ;; a. •i; .t<, .�i:. .;2va; •� c at=� .;? t t t? F`i t t)c :y� � >at(i'. �' •la�`+ti+�'�{f (Q¢'� L �[ Jd �=( t i as - •tT y. .«t i t �i ( T a £ (�:. t j) �;a„�y6•u t�E(A�; � �ta .a i ar�� j@ty�t?li�y�,a �'� �#. yt)�f t r r ? It. .,. . .,a.t•.•.yL ° T_?.. . :( . ... . .....1 .... ,.,:,. . e,. ti!:.,.lu j �tf 1 t J,..�.+'✓ t,. ; , ;i:: :y:.: :a •t• •�ii�E:i3ii�i a :e 'c<,. :.[•�ss s-.�i'ikij •� F:e. .•3 a al t 3c: ,s :r -.c .;@;. "�?�;• �� �1s{z*••. :e,:i� i•a,rcts !�iG� t+ :aL .yea ;�'• S �t i�( .;..: .r ._•s:.;:; t..;. � •t•1...'•t; ,,L+a `i. .a_ .Q. .t .v..? Ry. :e.? :;:•t t r: c...t�i iC•1'✓f.^t• t.•.,.;.... e s: ;j; Tt a:i= a', :::f:'?If: .t..' =ja (: ,t•;a;t.i' ti F4°t:":y;; i;:i`7: aC ..:oast t § t';tt. R ° t E a t 5;0: ?:;T: 'a'• •at.; , i a,. ti?!•.; .(i,;. .t .t.t: t�:t .fit= >,., ..3;;� t:•1 'i�'?�?F;3•. z•�; '{' tar ' A=311-29 $110.00 ZZ Q) FEE ro� oc TOWN OF BARNSTABLEa MASS. �• -N`•' 20796 e o November 9 19 78 �t ro O THIS IS TO CERTIFY THAT A PERMIT IS HEREBY GRANTED TO c N3KXXXRX Shell Oil Company 1145 Reservoir Ave. ,Cranston, R.I. .».................................................. ___.....................__................._.._.........................».................._..._................... ;...�..._......»..._......._...............(A D...... .»..._...._...._._....__ D ro (PROPERTY OWNER) --Is ' a� Rebuild service station QTO ..................................... .. ....................................._.............._.......___._............................................................................................................................... Q ° D (BUILD) (ALTER) (REPAIR) i y a ......................................Masonry & Aluminum ..2440.......................... ............ _................__--_ _ � ITYPE OF BUILDING) (APPROXIMATE SIZE) "'•• c, 499 Iyanough Road Hyannis roo, LOCATION .............._._....__.........._._........._._._...._.......................................... '.; (STREET AND NUMBER) (VILLAGE) ` o .Owner _ °)a o o NAME OF BUILDER OR CONTRACTOR _..._._..�._. ...._......................................_....»........_................_.__............ �......_..._�......_... c c " " $18 000 ro 4 m APPROXIMATE COST to �..................._._.........� __�........................................._...._....._..._................................._. ..... ...........____._.. as I HEREBY AGREE TO CONFORM TO ALL THE RULES AND REGULATIONS OF THE TOWN c " OF BARNST BLE, REGARDING THE ABOVE CONSTRUCTION. ° �a:�d role: SIy�L.[. 0�� Gvtiiglu y //— 91-7Y �m � C Qy E (OWNER) (CONTRACTOR) m Town Sewer +' ro _ (�. .. ...........................__......._.... U E BUILDING INSPECTOR Subject to Approval of Board of Health. / f ss •h :•t _y. 5 •t Y t '-fTt S t• i+'• •f `i •1 a.�yh.a;l ;�y��i� ,a ;:nly; .�S , ,q:;r 4�1. ^fj?' 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TYPE OF CONSTRUCTION[... /�G C--PA&)F — COAic' /9'L®� 0 /-91v"f IAJ 4 AI .................................................................................................................. t A0-..........................19. _TO THE INSPECTOR OF BUILDINGS: _ The undersigned hereby applies for a permit according to the following information: Location ..... ��... 1AA..y0'd��''Gv �041) r7/ /`� X-PrE 23 /'i"ATIC �/�CL.0 Proposed Use .. 51�!!4!....'.SC --VeRVICE......!, `' ...................................•�i� ..................:...... Zoning District ..... ..........................................................Fire District ...`4 V-2- !�.�-:.............................................. Sd-16 LL OIL CM� /,14iil y s 2 tnno� Name of Owner .. .....................................................................Address .C .t ......f.../ ��...< . .... ............ Name of Builder IG �G PG .................................................o�................Address .................................................................................... Name of Architect B 6 r ..................................................................Address ........................................,........................................... .. Numberof Rooms ..................................................................Foundation .............................................................................. Exterior ....................................................................................Roofing ...................................:..............:................................. .....................................Interior Floors ................................................................. ................................................. Heating ..................................................................................Plumbing .................................................................................. Fireplace ................. ..................Approximate Cost .........../... ..................................... Definitive Plan Approved by Planning Board ________________________________19________. Area ......'. .WV.... i.............. Diagram of Lot and Building with Dimensions Fee /J.0 SUBJECT TO APPROVAL OF BOARD OF HEALTH ~U-CA 7-10A). I / l� I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. - / Name ...........f... ....................................... Oil Company f r 0796J rebuild service j Noy................. Permit for .................................... station " ............................................................................... ; Location 499 Iyanough Road i ................................................................ f Hyannis ` .............. . . ........................................................... Owner ...............S. ... hell. Oil.... Company. . ............. I" .. ........ ...... . ........ ...' masonry & aluminum Type of Construction .......................................... r................. . .......................................................... >Iot ............................ Lot .................:.............. G November;.9 ; 78 ; 4rmit Granted ........................................19 Date of Inspection 19 , bVDate Completed .............. .. .. ... ............19 f•�,.. � t ;' ' PERMIT REFUSED ... . ` ..: 19 i ......... .. ....................................................................... '.. f .................................................... ............ Approved ......................................................... .................... .................... ..........................................,....... . j Assessor's map and lot number ............................................ �. - �- �' � CF THE Sewage Permit number ' J•� �.......................:...........././................... .' Z BAWSTABLE, i Huse number �.1 �. -�Ai fJ3' f i' MAIL....................................... .................. 9 Gp i639. `d MA *. TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO .....?6X1571 J& -564 PI C'.�. .5�47-10 AJ ........ ............................................................................................ TYPE OF CONSTRUCTION 27 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the ,following information: Location ......................'.....1.`�..+f��<+L'. '..... .�'�=' ti....'"9 ..!`! L'... � ... ..... ....� d ' SC L f-. �/ V ' �4-5 0 4 fit! 5%�9 7`/t� .... Proposed Use .. . -- .. ..r.. ........ .......................................... Zoning District .........:...........................................................Fire District .. R !!,,+ ,rr.! r................... Name of Owner .................................OIL................................. ...Address ... ..... ..................�.......... �. Name of Builder ..........��............¢� ........Address ...........«................��.................................................. Nameof Architect t� f..................................................................Address ..................................................................................... Numberof Rooms ..................................................................Foundation .............................................................................. Exierior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior .................................................................................... Heating ..................................................................................Plumbing .................................................................................. Fireplace ..................................................................................Approximate Cost .......�...'...............}..................................... Definitive Plan Approved by Planning Board ________________________________19--------. Area 1 c'��3... ?.............. ............... * r Diagram of Lot and Building with Dimensions Fee 0�/�) SUBJECT TO APPROVAL OF BOARD OF HEALTH AJ I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .... .... ................ ..'C: ..... .............................. Shell Oil Company /A=3 '-29-79�ermit for service No ... station ............................................................................... 11/16 Iyanough Road Location ...................Ln............................................. Hyannis ............................................................................... Owner Shell Oil Company Type of Construction ,masonry & aluminum ................................................................................ Plot ......................... . Lot ................................ November 9 19 78 Permit Granted ............................... Date of Inspection ....................................19 Date Completed ......................................19 PERMIT REFUSED ................................................................ 19 +� / ........../,/. . .`................................ ............................................................................... ............................................................................... Approved ................................................ 19 ............................................................................... ...............................................................................