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624-640 IYANNOUGH ROAD/RTE132
a d 4 Qo I yOF�4iF Pp TOWN_-OF BA Rid STABLE - i Id i n g , Application Ref: 200801 775 r .,"Pemit BARNSTABLE, Issue Date: 05/20/08 1 9 MASS �A 1639• ��� Applicant: VENIE,JOSEPH rFD MAS A. Perw*t Number: B 20081023 Proposed Use: GENERAL OFFICE BUILDING Expiration Date: 11/17/08 Location 640 IYANNOUGH ROAD/ROUTEA(Hrig District SPLTPermit Type: SPECIAL PROJECT NEW COMMERCIAL Map Parcel 311012 Permit Fee$ 17,961.75 Contractor VENIE,JOSEPH Village HYANNIS App.Fee$., 150.00 License Num Est Construction Cost$ 2,217,500 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND NEW COMMERCIAL BUILDING COR CIRCUIT CITY THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: MDM/RG REALTY LLC BUILDING SHALL NOT BE OCCUPIED UNTIL;A FINAL Address: 481 MAIN ST INSPECTION HAS BEEN ADE. BREWSTER, MA 02631 Application Entered by: DB Building Permit Issued By: '�- - THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,'ALLY.OR,SIDEWALK OR'ANY PART THEREOF;EITHER TEMPORARILY OR' MANLNTLY. ENCROACHEM ENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERM ITTED;UNDER,THE BUILDING CODE,MUST BE APPROVED BY'THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY•BEbBTAINED FROM THE DEPARTMENT OF PUBLIC-WORKS.- THE ISSUANCE`OEPHIS PERMIT.,DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RES"I RICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4. PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).. 5. INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. " WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION_ PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1UNtc � (LAB ��J �b :� 1 �✓ dLv . �� � � 00 � �� 2 -La, 3 1 Heating Inspection Approvals En ineerin Dept —7Q 1:2� Fire Dept ©�(� 2 Board of I eal i 3225 MAIN STREET P.O. BOX 226 BARNSTABLE, MASSACHUSETTS.02630 - CAPE COD (508) 362-3828 Fax (508) 362-3136 a www.capecodcommis'sion.org COMMISSION Final Certificate of Compliance Date: May 23, 2012 To: Charles N. Robinson; President and CEO,Rogers and Gray Insurance Manager of MDM Hyannis Property LLC From: Cape Cod Commission ; Project Applicant: MDM Realty Trust and Star Nominee Trust. Property Owners: MDM Hyannis Property LLC Project: Circuit City Redevelopment Project Location: 6_24:and:64o IIyannough_Road;Route 1~ Hyannis,-Massachusetts 026o1 Project Number: TR07020 Book/Page: 5490/97 (Star Nominee Trust) CD Map/Parcel: 311/12 and 311/13 NO ra ii MDM Realty Trust Lot/Plan: Lot 10 Land Court Plan 25266D Certificate of Title Number,185653 Amendment to Document# 1,o89,563 I hereby certify that MDM Hyannis Property LLC, as represented by Charles N. Robinson,. properly complies with the Limited Development of Regional Impact(DRI)decision dated February 7,2008,as amended by Minor Modification #2 decisions voted on April 24, 2oo8 and January 3, 2012 for the proposed Circuit City Redevelopment project. All conditions of the modified Limited DRI decision that are required to be met prior to issuance of a Final Certificate of Compliance have been met. , COMPLIANCE WITH RELEVANT CONDITIONS W MDM Hyannis Property LLC,the property owner, has: ® Requested and received a Final Certificate of Compliance from the Cape Cod Commission(condition G7). ® Submitted for Commission staff review and approval information that describes the . proposed building tenant: Harbor Freight Tools (condition Gil). ® Installed landscaping as described on project plans(condition G5). -. © Replaced dead,dying or diseased landscaping consistent with the direction of the Commission's Regulatory Committee when it reviewed and approved the January 2012 modification request. Provided a report to the Commission detailing the number of new jobs created,the position titles,wages, and benefits paid for each position,the number of local vendors used, for what the vendors were used, and the total annual value of the transactions with each of the local vendors (condition ED3). © Submitted information showing the tenant, Harbor Freight Tools,had implemented a trip reduction plan as outlined in finding T9 (condition T2). In addition, Commission staff conducted site visits to verify implementation of the trip reduction plan and to inspect the landscaping. ISSUANCE OF FINAL CERTIFICATE OF COMPLIANCE In regards to the requirements set forth by the Limited DRI decision of the Cape Cod Commission, as modified,the Town of Barnstable Building Commissioner is hereby authorized to issue Certificate of Use and Occupancy for the project. r k. /Z Pa iedzwiecki, Ex ive erector Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss J 2 , 2012 Before me;the undersigned notary public, personally appeared PoAl N l Cd lui aC—,l in his capacity as Executive Director of the Cape Cod Commission,whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [_] photographic identification with signature . issued by a federal or state governmental agency, [_] oath or affirmation of a credible witness,or [✓] personal knowledge of the undersigned. 1 KRfsTY TAFT SENATORI Notai Pub de ;�'y* Notary Public ` Commortweanh of Massachusetts My Commission Expires on My Commission Expires: �'�s,� ,Tune 30,2017 Final Certificate of Compliance—Circuit City Redevelopment Page 2 of 2. Perry, Tom From: Anderson, Dave Sent: Wednesday, March 21, 2012 1:59 PM , To: Perry, Tom Cc: Shea, Sally Subject: Circuit City bldg I recently became aware that the Circuit City bldg. on Rte 132 ( 624 .Iyannough Road M&P 311 - 13 ) is in the process of being used. The property / bldg was never tied-in to muni sewer. A Connection Permit was issued, and the sewer work was started, but everything went into bankruptcy before the sewer connection was completed. Pls do not issue any Permits for that location until someone involved with the property gets in touch with me. Dave Anderson Constr Proj Inspector Barnstable DPW 1 1 f TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Parcel ® � 7 Map Application#' S Health Division , Date Issued_.. ' S Conservation Division Application Fee Tax Collector Permit Fee d3fo Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board {� Historic-OKH Preservation/Hyannis Project Street Address 6 q v a3 fyyae. q Village 44-y4A)1U1S -'± her `►re ,. _// T;y or S'7, /— a�r~� ^.n 8 , //c�� Owner Address Telephone '//3 787/ ,,A I Permit Request -7 — f �S' r, d n ci g ` 6Gg Square feet: 1st floor:existing proposed 2nd floor:existing proposed 2Z,i/7rTotal new L/7� Zoning District Flood Plain Groundwater Overlay Project Valuation 5 oo Construction Type Z C Lot Size i 10, 3 L4 `7 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: frYes ❑No Fireplaces: Existing New Existing wood/coalfpstove: ❑-Yes ❑No a Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑-new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial Yes ❑No If es site Ian review# Y p Current Use Worn rn Et L„ x' Proposed Use BUILDER INFORMATION 71y_/ "ye, 9tyeoo Name':ro-.9=DL-%:P, Ve-Ajk— (`Cw�tb IAc \ Telephone Number 2791 77/ el6-0 Z Address t:3 � �-� 1.r e— o s-v? License# T� car- ���• 1'1'1�4 I r1�1 dZ Home Improvement Contractor# Worker's Compensation# WC 791/6,6,A t ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO one—) W-et �eGXC�I�I SIGNATURE DATE / 6 r FOR OFFICIAL USE ONLY "y I APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: 7 FOUNDATION 0 (<-- 7- p ' FRAME INSULATION r FIREPLACE ` ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ; aY GAS: ROUGH FINAL �y FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. i ,TO:WN OFF BARNSTAB'LE Building Department Foundation Per�rn�it Date 5 o Permit# OFl Name Tz- t v „� ... Cr Z Location ,. (p qO N Insp. of Bldgs. 4 < The Commonwealth of Massachusetts �-T Department of liid.ttstri.al Accidents t; Offl.ce of Investigations 600 Washington Street Boston, MA 02111 wmv.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contra ctors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Orgaoizatioti/Individual): Construction Management & Builders, Inc. Address: 6 Kimball Lane City/State/Zip: Lynnfield, MA 01 940 Phone#: ( 781 2 246-9400 Are you an employer?Check the appropriate box: Type of project(required): 1.® I am a employer with :go 4. ❑ 1 am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction .2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have g, ❑ Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp. insurance comp. insurance.$ ❑ We are a corp required.] 5. oration and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12:❑ Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp. insurance required.] *Airy applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box nmst attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I run an employer that is providing workers'compensation insurance for my employees. Below is the policy rued job site information. Insurance Company Name: Central Companies Policy#or Self-ins. Lic. #: WC 7916562 Expiration Date: 1 /1 /0 9 Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine Of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I rdo hereby certify under the pains an.d pen allies of penjuiy that the information provided atone is tree anrd correct. Si nature: Kevin G. Puo olo Date: Phone#: 81 ) 246-9400 Of use only. Do not write in this area, to be completed by city or town officiaL City or Town: Permit/License# Issuing Authority (circle one): 1.Board of Health 2. Building Department 3. City/Town Cleric 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions a v t ,y Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual, partnership, association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit Hurst be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc,) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 4-24-07 www.mass.gov/dia i 6 Kimball Lane t.781.246.9400 Nf I Lynnfield, MA 01940 f.781.246.9401 Fm 6-:-- 90, Construction Management&Builders,Inc. April 4,2008 Mr.Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis,MA.02601 RE: CIRCUITY CITY #640 Iyannough Road Hyannis, MA 02601 . cm&b Project#08382 Dear Mr.,Perry: This shall serve as your requested"letter of continuity". As the sole owner of cm&b,Joseph Veme,licensed supervisor has been an employee for over fifteen years and is covered under my workers compensation insurance. Should you.have any further questions regarding this issue please contact Steve Krauss,CFO. Respectfully, cm&b, Inc. Kevin G.Puopolo President �4CORQM CERTIFICATE OF LIABILITY INSURANCE oiioziioo81 PRODUCER (781)431-9600 FAX (781)431-9595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Quincy Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 40 William Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite G-50 Wellesley, MA 02481-3902 INSURERS AFFORDING COVERAGE NAIC# INSURED C M & B Inc INSURERA: Central Companies 20230 6 Kimball Lane - INSURERB: Safety Insurance Group 39454 Lynnfield, MA 01940 INSURERc: Fireman's Fund 0007 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA 7DDTTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONDATE IMMIDDIYYi LIMITS GENERAL LIABILITY CLP 7916563 01/01/2008 01/01/2009 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $ 1,"OOO,OO POLICY M C JECTPRO LO AUTOMOBILE LIABILITY 1900817 01/01/2008 01/01/2009 COMBINED SINGLE LIMIT ANYAUTO (Ea acddent) $ . 1,000,00 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ B X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per acddent) ' PROPERTY DAMAGE $ (Per acddent) GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY CXS 7958585 01/01/2008 01/01/2009 EACH OCCURRENCE $ 5,000,00 X OCCUR FI CLAIMS MADE • AGGREGATE $ 5,000,000 A $ DEDUCTIBLE $ HX RETENTION $ 0 $ WORKERS COMPENSATION AND WC 7916562 12 01/01/2008 01/01/2009 X I WC sTATu- I oTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 500 00 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 Des describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER SHX-000-8876-8932 01/01/2008 01/01/2009 $ 10,000,000 excess of primary Excess Umbrella C $ 5,000,000 umbrella DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ` perations: Construction Management CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CM&B, Inc1 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Construction Management & Builders, Inc. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 6 Kimball Lane OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Lynnfield, MA 01940 AUTHORIZED REPRESENTATIVE n Frank Lin and ]r./FEL ACORD 25(2001108) ©ACORD CORPORATION 1988 .. -�..,�,... �u an��oaff! a�t''...r2'�ixoaaer/ue�la ` Board of d a g eguin ions and Standards' / Construction Supervisor License + License: CS 51585 ti 12 �tEzpiraFlOn 2120/2009 Trit 781 Restriction 00%a JOSEPH P VENIE 135.SOUTHVILLE RDy, � SOUTHBOROUGH,MA'01772 Commissioner i 2, B C E f. f i S k e S f , 1A111 ' TRAVELERS) BOND (License or Permit - Continuous) Bond No. 105045409 KNOW ALL MEN BY THESE PRESENTS: THAT WE Construction Management and Builders,, Inca as Principal, andTravelers Casualty & Surety Company of America a corporation duly incorporated under the laws of the State of Connecticut and authorized to do business in the State of Massachusetts as Surety, are held and firmly bound unto Town of Barnstabie as Obligee, in the penal sum of Two Thousand Seven Hundred Forty ( 2,740. ) Dollars, for the payment of which we hereby bind ourselves; our heirs, executors and administrators, jointly and severally, firmly by these presents. WHEREAS, the Principal has obtained or is about to obtain a license. or permit for Street Opening Permit, 624 and 640 sannough Rd. , Hyannis, MA NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully perform all duties and protect said Obligee from any damage caused by the Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond shall become effective on April 4,>22008• PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above. PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty (30) days written notice of such termination to the Obligee. SIGNED, SEALED AND DATED this 4th day of April, 2008 C.onstructi Management and Builders, Inc. By: Principal Travelers Casualty & Surety Company of America S-2151A(2/00) George G. Powers, Attorney-in-fact E$<' WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Q POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St..Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213647 Certificate No. 002084358 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Ronald M.Cleaves,George G.Powers,Martin L.Donovan,and Sandra J.Connors of the City of Norwell State of Massachusetts their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per ntte6n any=acfions or•p-foceedings allowed by law. 1y �*Y ON Sth IN WITNESS WHEREOF,the Com�aO�e�have caused this instmmtutbe signed`and therorporate seals to be hereto affixed,this December Z UU day of g y p � St.Paul Guardian Insurance Company Farmington Casualty Com ari � Fidelity and GuarantytInsarancerCompany St.Paul Mercury Insurance Company Fidelity and Guaranty Insufance'Underwni ers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States.Fidelity and Guaranty Company GRSUq� gyn.•t� Stl•Y yFIRE 46 \RN �//fG ••+HSUq•r4 P�TVA 0 MVYm ucnn ! C�Sy'��pPoq � J •4 e O. P 9 J N S AMG SUAFIY Fy1Y� _ �2 P-�'Yt/• f 4�0 '� * ¢r �P2 Q�RPOR f �4J.�......... ,YC,' 9 G9 .C¢ fQ 4� i 0 1977 �CCRPORAtED 1927 "' m �jco ...A)i: :WrGCRrOpgTfr''• m•' 54' 11 l 9 8 2 ?t K �� cv; S •Z aP tNHfFORD, < FA a � s g r 1951 s,O �'SEA[,,' ►�' " m CONN. n g�cavN �1 896 bey INad *� 9na,0 'a�aS(iF�NnE r'O a d;Sp A•�a-I 's, ........%*adD by1 'PdD j r� +«• uvAd ANt State of Connecticut By: City of Hartford ss. Georg Thompson. enior ice President On this the 5th day of December 2007 before me personally appeared George W.Thompson,who acknowledged himself to be`the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he, as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. W w" My Commission expires the 30th day of June,2011. �'OIIBU� * Mane,C.Tetreault,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER y This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity t and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof;and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St.Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety.Company<of'America and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powe of At o ney executed by sa'd'Zompanies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and a ed the eats of sa{d meanies this day of f i 20 09 . N VIP V NNKori M.Johans Assistant Secretary pI.SUA�� - $,T,' y� SIWETy J�F\aE q �nM..�Ns� P�"iNs q"tit- JPvTr ANo (�C_r FytY'W0�4 c��O�y�.,,�,�piORA)F ¢ ti "--•`.niWiaf`� HARTFORD, a 1896 EALio": '�`•:SBRL::i: �, CONo �n•.......: �O�� r�19 FNEW �"uimnnnm 3N»� �s""'•• t �� AMt T To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attomey-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER _ The Commonwealth of Massachusetts For Office Use Only . ❑Airspace Analysis AERONAUTICS COMMISSION t�;aas Comftmts Received REQUEST FOR AIRSPACE REVIEW D AIMS Updated MAC File No.: FAA File No.: (For.reference only) Notice is required by 780 CMR(Code of Massachusetts Regulations)111.7,Hazards t6 air navigation: Pursuant to Massachusetts General Laws(MGL)Chapter 90,Section 35B,the Massachusetts Aeronautics Commission(MAC)agrees to perform an AIRSPACE ANALYSIS and render'a determination for the project listed below..1MPORTANT: All shaded areas must be,completed. Sponsor(include name,address&teienhone numbers Syonso?s Rebresentative(same-data if applicable): Bill Johnson Steven Chouinard, P.E. Berkshire Development, LLG Vanasse,Hangen. Brustlin, Inc. 41 Taylor Street, 4th floor 101 Walnut Street Springfield, MA 01103 Watertown, MA 02472 .(413)781=2800 (617) 924rI770 Project Description(please type or print clearly): Location,Height&Elevation Data: Construction of a 1-story, 22,475 :SJ. , Nearest City,Stite: New Bedford, MA. retail building with associates parking, land b egrccs Minutes Seconds. scaping and utilities:. Latitude _4 L 40 02 Longitude; 1 70 J 17 1 26 datum L iAi s3.or ❑r A_t�ai Site elevation above MSL($.): 56 msl Maximum height above ground(t): 32 agl 9 REQUI1220; Attach 811 s 11 inch map(e.g.USGS Qtud sheet)showing location otprajcct. Maximum elevation above MSL:($.): 88. raSl Nearest Public-Uw Aviation Facility ,_. Barnstable'. Mdnicipal.,Airport Print or type,'helow.the name of P&rson filing this r,ques,t Cow Rt uiv Signature Date Steven Chouinard, P.E. DO NOT-WRITE BELOW.711M LINE— FOR MAC OFFICE USE ONLY MAC's AIRSPACE ANALYSIS concludes the following: Closest Runway: Distance frorn RW end: Offset from RW CL: ❑Left ❑Right ❑ Project violates MGL Ch.90,§35B by. ft. [Runway Horizontal Plane-3,000'x 2 Statute Miles, 150'above Rw) ❑ Project violates MGL Ch.90;§35B by ft. [Runway Approach Plane-3,000'x 3,000'@ 20:1 slope] ❑ Project violates 70.2 CMR,-§5.03(l)(a)by ft. [Runway Approach Plane/Land-500'x 1.0,000'@ 20:1 slope) ❑ Project violates 702"CMR,§5.03(2xa)by ft. [Runway Approach Plane/Water-500'x.10,000't`a,}20:l slope] 11 Project:does not violate MAC Auspice Liws or Regs. MAC hereby issues thifollowing DETERMINATION: ❑ Permit is required*pursuant.to.MGL Ch.90,§35B,for,, ❑ Runway Horizontal Plane Ct Runway Approach Plane Sponsor must submit a separate written request for a MAC Airspace Permit. Request should be addressed to MAC Chief Legal Counsel,Massachusetts Aeronautics Cohmiission, 10 Park Plaza,Room 6620,Boston,MA 02116-3966 0 Permit,is not required pursuant to MGL Ch.90;§35B ❑' No violation ofLaws or Regs ❑ Ch.90 violation=30'agl ❑ MAC has the following additional concerns: ❑ FAA Standards: ❑ Noise ❑ Traffic Pattern 0 Wildlife D VFR Route ❑ Other This determination is based on the foregoing description of the proposed.project including the location,height and.elevation data provided by the Sponsor.-.Any.change in the data.provided to the.MAC from that at.which is shown herein-will lender this determiinatio l null and void and will neceSsitafe anew request for review. Mgr.of Airport Eingineering,Massachusetts Aeronautics Commission Date MAC Form&10 hest Revised December 2000 e w Print on rnis rom, FoM Approved OMB N0,212a0001 Please 1 YP EV:'aiion Date: 7131107 Failure To Provide Ail Requested Information May Delay Processing of Your Notice FOR FAA USE ONLY [tt�7' ticfsmsr�uisnrlyta�Ttrr. t 4.oeparu MofUmpmpPon Notice of Proposed Construction or Alteration Feddral Aviation Adminla n0an - - 1. Sponsor p (person,company,etc,proposing this action): 41 40 02 00 Attn.of Bill Johnson 9 Latitude' , Name: Berkshire Development, LLC 10 L'ongitutie 70 °: 17 26 ��' Address; 4.1 Taylor Street 11. batum: '.0 NAD;ss- ❑NAD 27 [J other 4th floor 12, Nearest: C y: New Bedford' MA state 'City: Springfield State: MA• Zip: 01103 1.3. Nearest Pub#c-use(not private-use)or Military Airport or Heliport: 413-781-2800 Barnstable Municipal) Airport Telephone:. Fax: 1,250 f t. -• 14. Distance from$13,to Structure: 2.Sponsor'sRepresentative(if oMer than#1)r 15. Direction from#13.tostnmctu,: Northwest Attn.of. Steven Chouinard, P.E. A6.,.Site Etevition(AMStr 56 n. Name: Vanasse Hangen Brustlin, Inc. , 17 Total Structure Height(aGt) 32 101 Walnut Street Address: 18 Overall Height([tic+#It )(AMSLI: n, 19. Previous,FAA Aeronautical Study Number(if applicabie): City: Watertown State: MA Zjp 02472 of Telephone:617-924-17,70 Fax-:-617-924-2286 20: Description of Location: (Attache USGS,7.5 minute Quadrangle Map with the precise site marked and any cedified survey) 3. Notice of: r3 New Construction ❑ Alteration ❑Existing 4. Duration: UPermanent ❑Temporary(_months,—days) 2.5.Acre site located at 624 and 640 s: Work Schedule:Beginning Entl. Iyannough Road (Rt. 132). Site is bounded ❑An{ennarower " by an airport access road[ (Barnstable Road) S. Type: ❑Crane �Buiiding [:].Power Landfill to the north; Iyannough Rd. -(Rt. 132) to the [�Water7ank. { Other south; a motel to the east, and a restaurant 7. Marking/Painting andlor Lighting Preferred: to .the west. , ❑Red Lights and Paint ❑Dual-Red and Medium Intensity White ❑White-Medium Intensity ❑Dual-Red and high Intensity White While"High Intensity ®Other NO preference .8. FCC Antenna Structure.Registration Number.(if applicable): 24. Complete Description of Proposal. FrequencyiPower(k" Construction of a 1-story, 22,475 s.f-, retail building with associated parking, landscaping, grid utilities;: (See attached. site plan; titled 'Layout and Materials:Plan, Drawing; number C-2, dated March 18, 2008") Notice is.requtred by 14 Code of Federal Regulations,part 77 pursuant to 49 U.S.C.,Section 44718..Persons who knowingly and willingly violate the notice requirements of part 77 are subject to a civil penalty of$1,000 per day:until the notice is received,pursuant to 49 U.S.C.;Section 46301(a) `i hereby certify that all of the above statements made by me are true,complete,and correct to the best of my knowledge. In addl 'n,l to mark andfo light the structure in ante with established marking$lighting standards as necessary.: i Date Typed or Printed Name and Tille of Person Firing Notice Signal Steven Chouinard,..P..E. FAA Form.? '(i0-1 (2s9)Supersedes Previous'Edibw' - Electronic Version(Adobe) NSN:.0052-00.012.0009 06 ;��- �8� � ��!°� "s-a�` �-'=mow►\\�, �A�s,.. _'J ' ��_...vr.2�.,2fr�_u.Y .�..� _.a�� WAl � '��/M I'* '�' • �) .f' �`�+�®��r _ _v /o/i`�r N: a/� `��-? �f�1� '/ Via{ -R �„�� INK ask i � ! -,� ;®@.•::.� � ;•tea { 1 aF. f � o �� � 1, 4 F � � � �: t : + � �►. ,•4� / ,1 �� + Fes' 1p `/ 1. .� ...' � � .,,/! )'- - ' ` ,/� + r:.��. !'• ) igs n1 � .11 �y� ram;J � �` �� '[�, _ •1�4 :��� ��/ �' ��.� 1..+- ` 1; All �R► ',pry ® - ®� �D�C ,"` Vanasse.Hangen BrustGn,Inc. • 16 Kimball Lane t.781.246.9400 • Lynnfield,MA 01940 f.781.246.9401 Construction Management&Builders,inc. To: Wayne Kercher From: Joe Venie Fax: 617-973-8889 Pages: (incl. cover)4 Phone: 617-973-8881 Date: April 7,2008 Re: Berkshire Development/Circuit City Iyannough Road Hyannis,A" CC: Robert Welch ❑ Urgent X For.Review ❑ Please Comment X Please Reply ❑ Please Recycle Attached please find the Aeronautics Commission `Request for Airspace Review'Permit Application for the new Circuit City — Hyannis, MA project. An email request was forward to you as well. Should you any questions please call me contact meat 978-771-4502. Thanks! Construction Construction Management Planning www.cmbteam.com TRANSMISSION VERIFICATION REPORT TIME 04/07/2008 13:04 NAME FAX TEL SER.# BROJ7J701884 DATE,TIME 04/07 13:02 FAX NO./NAME 16179738889 DURATION 00:01: 31 PAGE(S) 04 RESULT OK MODE STANDARD ECM i 5 Klmball Lane t.781.246.9400 I Lynnfleld,MA 01940 IF.781.246.9401 Construction Management bt Ouilders,Inc. To: Wayne Kercher From: Joe Venie Fax: 617-973-8889 Pages: (inn, cover)4 Phone: 617-973-8881 Date: April 7,2008 Re: Berkshire Development l Circuit City Iyannough Road Hyannis,M4 CC: Robert Welch ❑ Urgent X For Review ❑ Please Comment X Please Reply Ca Please Recycle Attached please find the Aeronautics Commission `Request for Airspace Review'.Permit Application for the new Circuit City — Hyannis, .MA project. An email request, was forward to you as well Should you ar+v questions please call me contact me at 975-771-4502. Thanks! Wayne, Good afternoon! Attached please find fax copy of the request for airspace review for Circuit City project in Hyannis, MA. Should you have any questions please contact me. Thanks Joseph P. Venie Project Manager 6. iinbaii Lane ;ynnfield, .1-4 0.1940 t. 781.246.9400 j; 781.246.9401 c: 978.771.4502 www cntbteam.com h Circuit City, Hyannis Page 1 of 2 Perry, Tom - From: Joe Venie Ovenie@cmbteam.comj Sent: Tuesday, April 08, 2008 1:19 PM To: Lt. Don Chase Cc: Perry, Tom; bjohnson@berkshireusa.com; SChouinard@VHB.com; Christian Armata Subject: RE: Circuit City,.Hyannis Don, below are my comments in Red will be addressed... Thanks for the quick plan review... From: Lt. Don Chase [mailto:dchase@hyannisfire.org] Sent: Tue 4/8/2008 11:42 AM To: Joe Venie; Christian Armata Cc: Tom Perry Subject: Circuit City, Hyannis Hi, I have reviewed the plans and have transmitted to the building commissioner the ok to start permitting.I do have the following items that I noticed that may need clarification: 1. Sheet"C 4" shows all of the fire service piping and 2 hydrants.It looks like it is all connected together starting at rt. 132 and running north to the rear entrance.Is this going to change or remain as planned? {will remain as designedl, 2. Sheet"C 5" looks to have the hydrant at the south driveway in the middle of the proposed landscaping.There needs to be a minimum of 3 feet around the hydrant. {engineer will confirm location}� 3. Sheet"A 3.1" -dormer louvers.If these are open to the air,there could be freezing issues for the sprinkler system unless there is a dry riser planned for that area. {sprinklers Win un heated spaces will be dry pipe system,will contirml 4. Sheet"M 3" -The rooftop HVAC unit numbers, 1 -7, need to be labeled on the outside of each unit. [will address with HVAC eontractor;'no issue here-1 5. Sheet"P 2.0"-Special purchases,division 15 -Are you sure you really need a fire pump?That is going to be very expensive.From what we see, % . there should be plenty of water available especially when the residual pressure is charted out down to 20 psi.Check with your fire protection Sd� engineer. Q 4/8/2008 Circuit City, Hyannis Page 2 of 2 '(Will address with fire protection engineer a well sprinkler contractor design,will advise) 6. Sheet"FA 2.0" The fire department connection(FDC)and the fire alarm panel(FACP)should be located in the sprinkler room as per previous conversations held during site plan review. (The FDC location on the west wall of the sprinkler room near the corner.)As we pull in from rt. 132,it would be a straight shot in to the connection. .:{Will address with fire protection engineer a well sprinkler contractor design,will advise} 7. Any rooms that are designated"home theater"rooms that have reduced lighting and isolation from the main store will have to have the sound stop and the lights come up during a fire alarm.This will also include the house music system. f Will address with electrical engineer a well fire alarm design,will advise} l Feel free to contact me any day,Tues.-Friday from 7:30 am to 6 pm.Thanks Regards, Lt.Don Chase,FPO Lt.Don Chase,FPO Fire Prevention Officer Hyannis Fire Dept. dchase@hyannisfire.org 4/8/2008 t S • i , g Town of Barnstable Regulatory Services 3 anaNsrns� � � � Thomas F.Geller,Director ''O�Fnrnat" BiWding Division Tom Perry,Building Commissioner 240 Main Street,Hyannis,MA 02601 www.town.barnstable.ma,us Office: 508-8624038 Fax: 508,-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I Berkshire-Hyannis, LLC, - ,as Owner of the subject pmperty Construction Management & Builders Inchereby authorize. g -to act on my behalf, in all matters relative to•work authorized bythis.bonding permit application for, 624 and 640 Iyannough Road (Rt.. 132) {Addtess ofrob} BERKSHIRE-HYANNIS, LLC 1. April 8, 2008 Signature of Owner Date Robert P. Cunnin am, Executive Vice President of B shire Development, 'LLC, Manager of Berkshire-Hyannis, LLC If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. QSORMS:OWNERPERMISSION I COMcheck Software version 3.5.3 Envelope Compliance Certificate Massachusetts Commercial Code Report Date:03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Section 1: Project Information Project Type: New Construction Project Title: CIRCUIT CITY STORE#3723 Construction Site: Owner/Agent: Designer/Contractor: BARNSTABLE ROAD CIRCUTI CITY STORES CASCO AND RT 132 9950 MAYLAND DRIVE 10877 WATSON ROAD HYANNIS,MA RICHMOND,VA 23233 ST.LOUIS,MO 63127 804-527-4000 314-821-1100 ®�����'(N OF MASso Section 2: General Information q Building Location(for weather data): Hyannis,Massachusetts J. H3PAU 0 R -+ Climate Zone: 12a Heating Degree Days(base 65 degrees F): 5884 _P Cooling Degree Days(base 65 degrees F): 606 Vertical Glazing/Wall Area Pct.: 3% Building Type Floor Area Retail-(heating and cooling) 31415 Section 3: Requirements Checklist Climate-Specific Requirements: . Component Name/Description Gross Area •Cavity Cont. Proposed Budget or Perimeter R-Value R-Value U-Factor U-Factor ROOF:Metal Roof with Thermal Blocks 31415 0.0 16.6 0.058 0.059 NORTH WALL:CMU< 8"with Integral Insulation,Furring:None 3750 --- 5.0 . 0.127 0.089 MANDOOR:Solid 21 --- --- 0.624 0.140 SOUTH WALL:CMU< 8"with Integral Insulation,Furring:None 4350 --- 5.0 0.127 0.089 MANDOOR:Solid 21 --- 0.624 0.140 EAST WALL:CMU< 8"with Integral Insulation,Furring:None 5000 --- 5.0 0.127 0.089 MANDOOR:Solid 21 --- --- 0.624 0.140 WEST WALL:CMU< 8"with Integral Insulation,Furring:'None 4075 --- 5.0 0.127 0.089 ENTRY/EXIT:Glass,Clear,SHGC 0.95 535 --- --- 1.140(b) 0.592 `i SHIPP OVRHD:Overhead 80 - --- 0.159 0.140 ROADSHOP OVRHD:Overhead 80 - --- 0.159 0.140 SLAB ON GRADE:Slab-On-Grade:Heated,Depth 4 ft. 448 -- 8.5 --- --- (a)Budget U-factors are used for software baseline calculations ONLY,and are not code requirements. (b)Claimed performance does not exceed defaults in Tables 1301.9.3.1.No manufacturer certification required. (c)Certain building use types require continuous under-slab insulation(see Massachusetts Code Section 1304.2.7 and 1304.2.8). Air Leakage, Com pone nt'Certification, and Vapor Retarder Requirements: II joints and penetrations are caulked,gasketed,weather-stripped,or otherwise sealed. Windows,doors,and skylights certified as meeting leakage requirements. .�...�..�................._... ... Project Title: CIRCUIT CITY STORE#3723 Report date: 03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Page 1 of 2 Q.3 Component R-values&U-factors labeled as certified. Ld`' Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a manner that achieves the rated R-value without compressing the insulation. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the Massachusetts Commercial Coderequirements in COMcheck Version 3.5.3 and to comply with the mandatory requirements in the Requirements Checklist. Name-Title Signature Date Project Title: CIRCUIT CITY STORE#3723 Report date: 03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Page 2 of 2 rrki COMcheck Software Version 3. .3 Envelope Compliance Certificate Massachusetts Commercial Code Report Date:03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Section 1: Project Information Project Type: New Construction Project Title: CIRCUIT CITY STORE#3723 Construction Site: Owner/Agent: Designer/Contractor: BARNSTABLE ROAD CIRCUTI CITY STORES CASCO AND RT 132 9950 MAYLAND DRIVE 10877 WATSON ROAD, HYANNIS,MA RICHMOND,VA 23233 ST.LOUIS,MO 63127 804-527-4000 314-821-1100 Section 2: General Information 1" 0.F Building Location(for weather data): Hyannis,Massachusetts ®� PA Climate Zone: 12a HU ER , Heating Degree Days(base 65 degrees F): 5884 Cooling Degree Days(base 65 degrees F): 606 o. 30 32 Vertical Glazing/Wall Area Pct.: 3% .o .0 Building Type Floor Area t Al_E��'\ II0 ' Retail-(heating and cooling) 31415 Zl Section 3: Requirements Checklist 111 q . Climate-Specific Requirements: Component Name/Description Gross Area Cavity Cont. Proposed Budget tik or Perimeter R-Value R-Value U-Factor U-Factor ROOF:Metal Roof with Thermal Blocks 31415 0.0 16.6 0.058 0.059 NORTH WALL:CMU< 8"with Integral Insulation,Furring:None 3750 - 5.0 0.127 0.089 MANDOOR:Solid 21 - --- 0.624 0.140 SOUTH WALL:CMU< 8"with Integral Insulation,Furring:None 4350 - 5.0 0.127 0.089 MANDOOR:Solid 21 --- 0.624 0.140 EAST WALL:CMU< 8"with Integral Insulation,Furring:None 5000 - 5.0 0.127 0.089 MANDOOR:Solid 21 --- --- 0.624 0.140 WEST WALL:CMU< 8"with Integral Insulation,Furring:None 4075 - 5.0 0.127 0.089 ENTRY/EXIT:Glass,Clear,SHGC 0.95 535 - --- 1.140(b) 0.592 SHIPP OVRHD:Overhead 80 - --- 0.159 0.140 ROADSHOP OVRHD:Overhead 80 - --- 0.159 0.140 SLAB ON GRADE:Slab-On-Grade:Heated,Depth 4 ft. 448 - 8.5 --- - (a)Budget U-factors are used for software baseline calculations ONLY,and are not code requirements. (b)Claimed performance does not exceed defaults in Tables 1301.9.3.1.No manufacturer certification required. (c)Certain building use types require continuous under-slab insulation(see Massachusetts Code Section 1304.2.7 and 1304.2.8). ZI Leakage, Component Certification, and Vapor Retarder Requirements: All joints and penetrations are caulked,gasketed,weather-stripped,or otherwise sealed. Windows,doors,and skylights certified as meeting leakage requirements. Project Title: CIRCUIT CITY STORE#3723 Report date: 03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Page 1 of 2 3. Component R-values&U-factors labeled as certified. _ 4. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a mannerthat u' chieves the rated R-value without compressing the insulation. �apor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.5.3 and to comply with the mandatory requirements in the Requirements Checklist. Name CTitFe Signature Date Project Title: CIRCUIT CITY STORE#3723 Report date: 03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck _ Page 2 of 2 I COMcheck Software Version 3.5.3 Envelope Compliance Certificate Massachusetts Commercial Code Report Date:03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Section 1: Project Information Project Type: New Construction Project Title: CIRCUIT CITY STORE#3723 Construction Site: Owner/Agent: Designer/Contractor: BARNSTABLE ROAD CIRCUTI CITY STORES CASCO AND RT 132 9950 MAYLAND DRIVE 10877 WATSON ROAD HYANNIS,MA RICHMOND,VA 23233 ST.LOUIS,MO 63127 804-527AOOO 314-821-1100 Section 2: General Information H®F�y�s� Building Location(for weather data): Hyannis,Massachusetts ® PAUL Climate Zone: 12a �a. USE Heating Degree Days(base 65 degrees F): 5884 No 3043 Cooling Degree Days(base 65 degrees F): 606 ,a Vertical Glazing/Wall Area Pct.: 3"/° Building Type Floor Area` NAL.E _ /•IDy Retail-(heating and cooling) 31415 Section 3: Requirements Checklist Climate-Specific Requirements: Component Name/Description Gross Area Cavity Cont. Proposed Budget' or Perimeter R-Value R-Value U-Factor U-Factor ROOF:Metal Roof with Thermal Blocks 31415 0.0 16.6 0.058 0.059 NORTH WALL:CMU<=8"with Integral Insulation,Furring:None 3750 - 5.0 0.127 0.089 MANDOOR:Solid 21 - --- 0.624 0.140 SOUTH WALL:CMU<=8"with Integral Insulation,Furring:None 4350 - 5.0 0.127 0.089 MANDOOR:Solid 21 - --- 0.624' 0.140 EAST WALL:CMU<=8"with Integral Insulation,Furring:None 5000 - - 5.0 0.127 0.089 MANDOOR:Solid 21 - --- 0.624. 0.140 WEST WALL:CMU<=8",with Integral Insulation,Furring:None 4075 - 5.0 0.127 0.089 ENTRY/EXIT:Glass,Clear,SHGC 0.95 535 - --- 1.140(b) 0.592 SHIPP OVRHD:Overhead 80 - --- 0.159 0.140 ROADSHOP OVRHD:Overhead 80 - -- 0.159 0.140 SLAB ON GRADE:Slab-On-Grade:Heated,Depth 4 ft. 448 -- 8.5 --- (a)Budget U-factors are used for software baseline calculations ONLY,and are not code requirements. (b)Claimed performance does not exceed defaults in Tables 1301.9.3.1. No manufacturer certification required. (c)Certain building use types require continuous under-slab insulation(see Massachusetts Code Section 1304.2.7 and 1304.2.8). r Leakage, Component certification, and Vapor Retarder Requirements: All joints and penetrations are caulked,gasketed,weather-stripped,or otherwise sealed. l J `• Windows,doors,and skylights certified as meeting leakage requirements. Project Title: CIRCUIT CITY STORE#3723 mm µWm � A Report date: 03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Page 1 of 2 i Lj3J Component R-values&U-factors labeled as certified. 0'4. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a mannerthat 'achieves the rated R-value without compressing the insulation. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.5.3 and to comply with the mandatory requirements in the Requirements Checklist. '49,� .,d 4"r- ?�,M a--, Name-Title Signature Date Project Title: CIRCUIT CITY STORE#3723 , Report date: 03/24/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100.cck Page 2 of 2 f COMcheck Software Version 3.5.3 Interior Lighting Compliance Certificate Massachusetts Commercial Code Report Date:03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Caics\208100LTG.cck Section 1: Project Information Project Type:New Construction Project Title : Construction Site: Owner/Agent: Designer/Contractor: CIRCUIT CITY STORE#3723 CIRCUIT CITY STORES CASCO BARNSTABLE ROAD 9950 MAYLAND DRIVE. 10877 WATSON ROAD HYANNIS,MA RICHMOND,VA 23233 ST.LOUIS,MO 63127 8044864000 314-821-1100 Section 2: General Information Building Use Description by: Building Type Floor Area Retail Sales,Wholesale Showroom-(heating and cooling) 22474 Section 3: Requirements Checklist Interior Lighting: ®F 1. Total proposed watts must be less than or equal to total allowed watts. Allowed Watts Proposed Watts Complies ®°t 42701 28362 YES J• R Exterior Lighting: No 30432 2. Comply with Sections 401.3.1 and 401.3.1.1 of 90.1-1989 Code and attach documentation. A9 /ST�� � �Fss/ � � Controls, Switching, and Wiring: c�NA�.E 0b 3. Master switch at entry to hotel/motel guest room. 4. Minimum of one manual control for each space with no task activity(i.e.storage).Multiple manual controls,occupancy sensor, automatic timer,or dimmer in other spaces. Exceptions: Lighting for emergency or exit egress or intended for continuous operation. 5. Photocell/astronomical time switch on exterior lights. Exceptions: Lighting intended for 24 hour use. 6. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Luminaires with three lamp ballasts(or electronic high-frequency single-lamp ballasts). Section 4: Compliance Statement Compliance Statement: The proposed lighting design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.5.3 and to comply with the mandatory requirements in the Requirements Checklist. Project Title: --_.._..�...__-_...-...,�_-.-,,..-...-.__.�...�....��..____w.®..�_...._..._,.,._._._.__..�.w,�.__...._._.. Report date: 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Ca1cs\208100LTG.cck Page 1 of 3 03 2,F Name-Title Signature Date Project Title: Report date: 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Page 2 of 3 COMcheck Software Version 3.5.3 Interior Lighting Application Worksheet Massachusetts Commercial Code Report Date: Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Section 1: Allowed Lighting Power Calculation A B C D Floor Area Allowed Allowed Watts Watts/ft2 Retail Sales,Wholesale Showroom 22474 1.9 42701 Total Allowed Watts= 42701 Section 2: Proposed Lighting Power Calculation A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Watt Retail Sales Wholesale Showroom(22474 sq ft_) Linear Fluorescent 1:B:8'Industrial Strip/96"T8 75W/Electronic �2 22 1� r _ _ _ 72 . .,....3784 Linear Fluorescent 2:C:8'High Bay/54 T5HO TANDEM/Electronic 6 32 324 10368 Linear Fluorescent 3:D:4'high Bay/54 T51-10/Electronic 3 13 162 2106 Linear Fluorescent 4:E/F2:2X4/48"T8 32W/Electronic 4 35 128 4480 Linear Fluorescent 5:M:8'STRIP/48"T8 32W/Electronic 4 18 128 2304 Linear Fluorescent 6:NA:4'STRIP/48"T8 32W/Electronic 2 6 64 384 Compact Fluorescent 1:T8:TRACK/30W/LF/Electronic 1 156 30 4680 Linear Fluorescent 7:K/J:2X4/48"T8 32W/Electronic 2 4 64 256 Total Proposed Wafts= 28362 Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Proposed Watts is greater than or equal to zero,the building complies. Total Allowed Wafts= 42701 Total Proposed Watts= 28362 Project Compliance= 14339 I Project Title: ___._._..w_ __.________.__._ww___.._'.__.__.µ__ ...._.._.__..,._____.._,_..�_....._..._✓____. -_•----- W.y Report date: 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Page 3 of 3 eCOMcheck Software Version 3.5.3 N11 Interior Lighting Compliance Certificate Massachusetts Commercial Code Report Date:03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Section 1: Project Information Project Type: New Construction Project Title : Construction Site: Owner/Agent: Designer/Contractor: CIRCUIT CITY STORE#3723 CIRCUIT CITY STORES CASCO BARNSTABLE ROAD 9950 MAYLAND DRIVE 10877 WATSON ROAD HYANNIS,MA RICHMOND,VA 23233 ST.LOUIS,MO 63127 804-486-4000 314-821-1100 Section 2: General Information Building Use Description by: Building Type Floor Area , Retail Sales,Wholesale Showroom-(heating and cooling) 22474 R Section 3: Requirements Checklist Interior Lighting: ❑ 1. Total proposed watts must be less than or equal to total allowed watts. ®� �?�. Allowed Watts Proposed Watts Complies 42701 28362 YES !IeO Exterior Lighting: 7J� 2. Comply with Sections 401.3.1 and 401.3.1.1 of 90.1-1989 Code and attach documentation. Controls,Switching, and Wiring: 3. Master switch at entry to hotel/motel guest room. 4. Minimum of one manual control for each space with no task activity(i.e.storage).Multiple manual controls,occupancy sensor, automatic timer,or dimmer in other spaces. Exceptions: Lighting for emergency or exit egress or intended for continuous operation. Lj 5. Photocell/astronomical time switch on exterior lights. Exceptions: Lighting intended for 24 hour use. 6. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Luminaires with three lamp ballasts(or electronic high-frequency single-lamp ballasts). Section 4: Compliance Statement Compliance Statement: The proposed lighting design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.5.3 and to comply with the mandatory requirements in the Requirements Checklist. Project Title: Report date: 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Page 1 of 3 Name-Title Signature Date Project Title: Report date 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG cck Page 2 of 3 t1 COMcheck Software Version 3.5.3 Interior Lighting Application Worksheet Massachusetts Commercial Code Report Date: Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Section 1: Allowed Lighting Power Calculation A B C D Floor Area Allowed Allowed Watts Watts/ft2 Retail Sales,Wholesale Showroom 22474 1.9 42701 Total Allowed Watts= 42701 Section 2: Proposed Lighting Power Calculation A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp I Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Watt. Retail Sales Wholesale Showroom 22474 s ft Linear Fluorescent 1: B:8'Industrial Strip/96"T8 75W/Electronic 2 22 172 3784 Linear Fluorescent 2:C:8'High Bay/54 T5HO TANDEM/Electronic 6 32 324 10368 Linear Fluorescent 3: D:4'high Bay/54 T5HO/Electronic 3 13 162 2106 Linear Fluorescent 4:E/F2:2X4/48"T8 32W/Electronic 4 35 128 4480 Linear Fluorescent 5: M:8'STRIP/48"T8 32W/Electronic 4 18 128 2304 Linear Fluorescent 6:NA:4'STRIP/48"T8 32W/Electronic 2 6 64 384 Compact Fluorescent 1:T8:TRACK/30W/LF/Electronic 1 156 30 4680 Linear Fluorescent 7:K/J:2X4/48"T8 32W/Electronic 2 4 64 256 Total Proposed Watts= 28362 Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Proposed Watts is greater than or equal to zero,the building complies. Total Allowed Watts= 42701 Total Proposed Watts= 28362 Project Compliance= 14339 n s a. Project Title: ^y, Report date6.03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Page 3 of 3 f474 e t COMcheck Software Version 3.5.3 Interior Lighting Compliance Certificate Massachusetts Commercial Code Report Date:03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Section 1: Project Information Project Type: New Construction Project Title Construction Site: Owner/Agent: Designer/Contractor: CIRCUIT CITY STORE#3723 CIRCUIT CITY STORES CASCO , BARNSTABLE ROAD 9950 MAYLAND DRIVE 10877 WATSON ROAD HYANNIS,MA RICHMOND,VA 23233 ST.LOUIS,MO 63127 804-486-4000 314-821-1100 Section 2: General Information Building Use Description by: ' Building Type Floor Area Retail Sales,Wholesale Showroom-(heating and cooling) 22474 Section 3: Requirements Checklist co f •�,' Interior Lighting: OQ ni � 1. Total proposed watts must be less than or equal^to total allowed watts: 2 ;, Allowed Watts Proposed Watts Complies �.^T• Ems. r� 42701 28362 YES L � p� Exterior Lighting: ?ji I ❑ 2. Comply with Sections 401.3.1 and 401.3.1.1 of 90.1-1989 Code and attach documentation. I Controls, Switching, and Wiring: ' ❑ 3. Master switch at entry to hotel/motel guest room. 4. Minimum of one manual control for each space with no task activity(i.e.storage).Multiple manual controls,occupancy sensor, automatic timer,or dimmer in other spaces. Exceptions: Lighting for emergency or exit egress or intended for continuous operation. 5. Photocell/astronomical time switch on exterior lights. ` Exceptions: Lighting intended for 24 hour use. Fi 6. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Luminaires with three lamp ballasts(or electronic high-frequency single-lamp ballasts). F Section 4: Compliance Statement Compliance Statement: The proposed lighting design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.5.3 and to comply with the mandatory requirements in the Requirements Checklist. Project Title: m Report date: 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\2081DOLTG.cck Page 1 of 3 Name-Title Signature Date r 4 Project Title: Report date: 03/25/08 Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Page 2 of 3 r � v • 4 II COMcheck Software Version 3.5.3 Interior Lighting Application Worksheet Massachusetts Commercial Code Report Date: Data filename: K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\Calcs\208100LTG.cck Section 1: Allowed Lighting Power Calculation A B C D Floor Area Allowed Allowed Watts Watts/ft2 Retail Sales,Wholesale Showroom 22474 1.9 42701 Total Allowed Watts= 42701 Section 2: Proposed Lighting Power Calculation A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture' (C X D) Fixture Fixtures Watt. RetaitSales Wolesale�Showroom�{22474 sq R) rt ry r CA, kR u. Linear Fluorescent 1:B:8'Industrial Strip/96"T8 75W/Electronic 2 22 172 3784 Linear Fluorescent 2:C:8'High Bay/54 T5HO TANDEM/Electronic 6 32 324 10368 Linear Fluorescent 3: D:4'high Bay/54 T5HO/Electronic 3 13 162 2106 Linear Fluorescent 4: E/F2:2X4/48"T8 32W/Electronic 4 35 128 4480 Linear Fluorescent 5:M:8'STRIP/48"T8 32W/Electronic 4 18 128 2304 Linear Fluorescent 6: NA:4'STRIP/48"T8 32W/Electronic 2 6 64 384* Compact Fluorescent 1:T8:TRACK/30W/LF/Electronic „1 156 30 4680 Linear Fluorescent 7:K/J:2X4/48"T8 32W/Electronic 2 4 64 256 Total Proposed Watts= 28362 Section 3: Compliance Calculation If the Total Allowed Watts.minus the Total Proposed Watts is greater than or equal to zero,the building complies. Total Allowed Watts= 42701 Total Proposed Watts= 28362 Project Compliance= 14339 Project Title: � � Report date: 03/25/08 Data filename:.K:\CCSI\Projects\208100 Hyannis MA 3723\CDs\CaIcs\20810QLTG.cck Page 3 of 3 MICHAEL D. FORD ATTORNEY AT LAW 72 MAIN STREET,P.O. BOX 485 WEST HARWICH, MA 02671 TEL. (508)430-1900 FAX (508)430-9979 EMAIL:mdfesgl@verizon.net " March 31;2008 HAND DELIVERED Town of Barnstable Planning Board Thomas Perry, Building Director 200 Main Street Hyannis, MA 02601 RE: Berkshire Development,Circuit City,Hyannis,MA Dear Tom: Enclosed please find a transmittal sheet from Casco Engineering,detailing the, plans and specifications that are being enclosed herein. Please let me know if you have any questions. Given the time constraints placed,on the applicant to cause the Chili's parcel to be purchased for the Town as a condition of proceeding with this project, anything you can do to expedite review and issuance of the necessary permit(s)would be greatly appreciated. Thank you for your assistance. : Ver tru • , V� Michael D. Ford MDF cc: Ruth Weil (w/o enclosures) ROUTING CASCO Hand Delivery Northeast Region LETTER OF TRANSMITTAL TO: Town of Barnstable DATE: March 25, 2008 Building Division 200 Main Street Hyannis MA 02601 Tel: (508) 862-4038 RE: Circuit City Stores, Inc. ATTN: Tom Perry, Building Commissioner Store No. 3723 Hyannis, MA We are transmitting herewith the following: QUANTITY DESCRIPTION Two (2) Sets of Signed and Sealed Prints One (1) Half Size set of drawings Three (3) Set of Signed and Sealed Specifications Three (3) Sets of Signed and Sealed Structural Calculations Three (3) Sets of Signed and Sealed Energy Calculations Remarks: Submitted for your review and approval. Yours very truly, CASCO wAsye mmatiw Wasyl Hnatiw Project Leader /nik cc. Steve Chouinard, Vanasse Hangen Brustlin, Inc., 101 Walnut Street, PO Box 9151 Watertown MA 02471, (617) 924-1770, (w/1 Set of Prints & 1 Spec)Via 2nd Day Joe Venie, Project Manager, CM&B, 6 Kimball Lane, Lynnfield MA 01940 (w/1 Set of Prints, Spec, Structural Calcs, and CD) Nina Paul, Berkshire Development, 41 Taylor Street, Springfield MA 01103 (w/ 1 Set of Prints & 1 Spec and CD, Structural Calcs) Scott Kim (CCSI), Harry Keough (CCSI) MSB, TMW, MWS, DEC, PMP, ACT, File 208100, Out K:\CCSI\Projects\208100 Hyannis MA 3723\WP\Permit\Permit transmittal 3-21-08.doc 1090 King George Post Rd.Suite 1204 Irvine,California Dallas,Yews Edison,New Jersey 08837 St.Louis,Missouri Atlanta,Georgia Tel:(732)661-1400•Fax:(732)661-1399 of BA CAPE COD COMMISSION 3225 MAIN STREET v P.O. BOX 226 ( t.,,A� BARNSTABLE,.MA 02630 qss tiS� (508)362-3828 ACHUS FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org GO� TO: Town of Barnstable Town Clerk, Building Inspector, Town Planner, Planning Board, Conservation Commission, Board of Appeals, Board of Health, Chief of Police, DRI Liaison i FROM: Gail P. Hanley, Clerk of the Commission SUBJECT: Circuit City Redevelopment Project Development of Regional Impact Decision DATE: February 11, 2008 Enclosed please find a copy of the Circuit City Redevelopment Project Development of Regional Impact Decision that was approved by the Cape Cod Commission on February 7, 2008. Should you have any questions, please do not hesitate to contact our office. r A � k of B 's CAPE COD COMMISSION O 3225 MAIN STREET v P.O. BOX 226 * BARNSTABLE, MA 02630 �SSACHUs (508)362-3828 . FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org Dater February 7, 20.08 To: Mr. Patrick M. Butler,Esq. Nutter, McClennen &Fish,LLP P.O. Box 1630 Hyannis,MA 02601 From: Cape Cod Commission Re:. Change of Use/Limited DRI DRI Enabling Regulations, Sections 3 and 4 Project Applicant: Berkshire-Hyannis, LLC 41 Taylor Street,4 h floor Springfield, MA 01103 Property.Owners: M.D.M. Realty Trust and Star Nominee Trust Project: Circuit City Redevelopment Project 624 and 640 Iyannough Road, Route 132 Hyannis, Massachusetts 02601 Project#: TR 07020 Book/Page#: 5490/97 Map/Parcel: 311/12 and 311/13 Lot/Plan: Lot 10, LCP 25266D DECISION OF THE CAPE COD COMMISSION SUMMARY The Cape Cod Commission (Commission)hereby approves with conditions the application of Berkshire- Hyannis, LLC as a Development of Regional Impact (DRI) pursuant to Sections 12 and 13 of the Cape Cod Commission Act (Act), c. 716 of the Acts of.1989, as amended, for. the proposed Circuit City redevelopment project in Hyannis, MA. The decision is rendered pursuant to a vote of the Commission on February 7, 2008. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 1 of 28 z�A 0 r PROJECT DESCRIPTION The proposed Circuit City redevelopment project consists of the demolition of two existing buildings with a combined square footage of 10,610 square feet located at 624 and 640 Iyannough Road in Hyannis. The site is currently occupied by an existing 4,000-square-foot office building most recently occupied by Rogers & Gray Insurance and a 6,160-square-foot Star City Grill. The two buildings, to be located on a 2.53-acre parcel, will be demolished and replaced with a new 22,475 square foot electronics superstore. The sole tenant of the proposed building will be Circuit City. The applicant is proposing a number of improvements to the project site including.elimination of one curb cut along Route 132, enhanced landscaping, enhanced storm water management.and drainage, and an increased landscape buffer along Route 132. The project is proposed to be constructed within the Town of Barnstable's Highway Business (HB) and Business (B) zoning districts, and 'will be located within the Town of Barnstable's Groundwater Protection Overlay District. The project site is also located within the Route 132 Regional Commercial Center and Growth Activity Center designated by the Barnstable Local Comprehensive Plan. As such, growth management initiatives in this area include encouraging infill, .reduction of curb cuts and maintaining this area as a"regional shopping and commercial center." The site is bounded by a McDonald's restaurant to the west, a Best Western motel to the east, an airport "access road to the north and Route 132 to the south. The majority of the development along this portion of Route 132 (between the rotary and Independence Drive) consists of "strip development" with large buildings surrounded by parking lots, as typified by the Cape Cod Mall and the K-Mart plaza. However, the site in question is currently one of the few breaks in this development pattern with mature trees, I landscaping and modestly scaled buildings. . i i I PROCEDURAL HISTORY A duly noticed public. hearing was conducted pursuant to Section 5, of the Act by an authorized subcommittee of the Commission on April 5, 2007. At that public hearing, the Regulatory Committee made a determination that the proposed Circuit City redevelopment project to be located at 624 and 640 Iyannough Road in Hyannis, MA was a change of use and should be reviewed as a limited DRI for the issue areas of community character,.economic development, stormwater management and transportation. A duly noticed public hearing pursuant to Section 5 of the Act for the limited DRI. review was held on October 29, 2007. The hearing was continued to a hearing on November 29, 2007, and continued to January, 9, 2008. A duly noticed public hearing.was held on January 22, 2008. The record and the hearing were closed. A subcommittee meeting was held on January 31, 2008 and a duly noticed public hearing was held on February 7, 2008. In addition to the list of materials submitted for the record (see Table 1 below)the application and notices of public hearings relative thereto, Commission, staff's notes and correspondence, the minutes of public meetings and hearings, and all other written submissions received in the course of the proceedings are hereby incorporated into the record by reference. TABLE 1Materials Submitted for the Record Materials From the Applicant Date Submitted Memo from Wasyl Hnaitw, architect to CCC staff. April 20, 2007 Memo from Wasyl Hnatiw, architect to CCC staff April 23, 2007 Circuit City Limited DR] Decision #TR 07020 February 7,2008 Page 2 of 28 i Memo from Wasyl Hnatiw,architect to CCC staff April 24,2007 Memo from Wasyl Hnatiw,architect to CCC staff April 25, 2007 Memo from VHB regarding proposed rotary plan April 25;,2007 Memo from Wasyl Hnatiw,architect to CCC staff April 26,2007 Memo from.Nutter, McClennan and Fish regarding economic development May 4,2007 Memo from Nutter, McClennan and Fish regarding procedural issues May 7,2007 Elevations for proposed Circuit City June 7,2007 Memo from Nutter, McClennan and Fish regarding site plans July 16,2007 Site plans from VHB submitted to staff July 16,2007 Memo from Nutter, McClennan and Fish regarding building elevations July 31,2007 Memo from Nutter, McClennan and Fish regarding procedural issues August 6, 2007 Memo from Nutter, McClennan and Fish regarding transportation August 6,2007 . Email from Liza Cox to Patty Daley regarding transportation issues . August 22, 2007 Memo from Nutter, McClennan and Fish regarding procedural issues August 23, 2007 Memo from Nutter, McClennan and Fish regarding transportation August 27, 2007 Memo from Nutter, McClennan and Fish regarding economic development September 25,2007. Economic Impact Analysis submitted by UMASS Dartmouth September 27,2007 Memo from Nutter,McClennan and Fish regarding procedural issues October 2, 2007 Memo from Nutter, McClennan and Fish regarding filing fee October 10,2007 Memo from Loval Davis, VHB regarding traffic analysis October 1.4, 2007 Memo from VHB from Daniel Lovas to Greg Smith October 15, 2007 Memo from Nutter, McClennan and Fish regarding community character October 16, 2007 Review of Uircuit City Site Analysis by UMASS Dartmouth October 17, 2007 Memo from Nutter, McClennan and Fish regarding transportation issues October 17, 2007 Building elevations from project architect Wasyl Hnaitw October 17, 2007 Memo from VHB regarding technical memo for rotary reconfiguration October 19,2007 Memo from Nutter, McClennan and Fish regarding economic development Octobe r 23, 2007 Memo from Nutter; McClennan.and Fish regarding procedural issues October 24, 2007 Rotary reconfiguration plans submitted by VHB October 29, 2007 Memo from Nutter, McClennan and Fish regarding economic issues November 1, 2007 Memo from Nutter, McClennan and Fish regarding economic issues November 6, 2007 Memo from VHB regarding transportation issues November 9, 2007 Memo from Nutter, McClennan and Fish regarding procedural issues November 12,2007 I Memo from Nutter,McClennan and Fish regarding traffic/econ. develop. November 20, 2007 Site Plan detailing building's compliance with MPS 625 November 28, 2007 Layout and Materials Plan (C-2)by VHB November 2.9, 2007 j Circuit City project benefits fact sheet submitted by Nutter, McClennan November 29, 2007 Circuit City ODRP Analysis submitted by Nutter, McClennan November 29, 2007 i Barnstable Rotary Concept 5 reconfiguration plans January 9, 2008 Memo from Nutter, McClennan and Fish regarding procedural issues January 9, 2008 Table submitted by VHB regarding ITE land use codes for Chili's site January 14, 2008 Memo from Nutter, McClennan and Fish regarding transportation mitigation January 15, 2008 Memo from Nutter; McClennan and Fish regarding Mass Historic filing January 16, 2008 Site plans from VHB submitted.to staff January 22, 2008 Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 3 of 28 C Circuit City building elevations January 22, 2008 Redevelopment consistent with Barnstable LCP powerpoint slide January 22, 2008 r. Annual net fiscal results-nonresidential prototypes January 22, 2008 i Site Access Exhibit submitted by VHB January 25, 2008 Stormwater Operations and Maintenance Manual prepared by VHB and February 1, 2008 revised February 1,2008 Materials from Commission Staff Date Submitted Memo from Richard Schell,traffic peer reviewer,to Glenn Cannon September.19,2007 . Memorandum from staff on issue areas of limited DM review November 28,2007 Memorandum from.staff on issue areas of limited DRI review January 17,2008 Materials from Town of Barnstable/state Date Received Letter from EOT regarding traffic issues May 1,2007 Circuit City Site Analysis conducted by Suffolk University September 14,2007. Stantec Consulting Services traffic peer review report October 1, 2007 Barnstable Municipal Airport letter October 12, 2007 Town of Barnstable referral form October 22, 2007 Email from Patty Daley to Mr. Mosby November 1, 2007 FXM economic development peer review.report November 28, 2007 Letter from Steven Seymore regarding traffic impacts November 28, 2007 FXM technical memorandum January 18, 2008 Materials from Others Date Received Letter from Felicia Penn in opposition to project October 29, 2007 Letter from Dolores Pelletier in support of project November 1,.2007 Letter from Banknorth in support of project November 20, 2007 Letter from Cape Opticians in support of project November 26, 2007 Letter from Mr. Michael Wyman in support of project November 26,2007 Letter from Cheryl Crowell Wyman in support_of project November 26, 2007 Letter from Henry Farnham in support of project November 27, 2007 Letter from Cape Cod Ambulance in support of project November 27, 2007 Letter from Cheryl Smith in support of project November 27, 2007 Letter from Ann Canedy in support of project November 28, 2007 Letter from Rogers and Gray Insurance in support of project November 28, 2007 Letter from Cape Cod Healthcare in support of project November 29, 2007 Letter from Rogers and Gray Insurance in support of project January 2, 2008----------------- TESTIMONY Note: see minutes in project file for complete public hearing and subcommittee meeting proceedings. At the October 29, 2007 public hearing, the applicant provided an overview of the proposed Circuit City redevelopment project. Staff provided an overview of issues associated with community character, economic .development, stormwater management and transportation. The Subcommittee heard oral testimonyat the hearing from: g Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 4 of 28 Attorney Butler from Nutter, McClennan and Fish, representing Berkshire-Hyannis, LLC, discussed the community character issues associated with the proposed project. He also discussed transportation issues associated with the project. Mr. Waysl Hnatiw, the project architect, described the perspective drawings and discussed the faeade of the structure. .He said the project could not meet the requirements of MPS 6.2.5 for fagade variation because it would modify the building's sales floor. He also described other changes to the building design based on discussions with Commission staff. Randy Hart (VHB), the applicant's transportation consultant, reviewed the transportation issues. He discussed site access, and noted the project would eliminate two existing access curb cuts along Route 132, consolidating them into one right-turn in and out access point. He also noted the project would include a mitigation package to create a raised median on Route 132 to enforce the turning restrictions. Mr. Hart discussed the proposed improvements to the Airport rotary. Attorney But said the project complied with the RPPs requirements for stormwater management. He said the project also met the RPP requirements for nitrogen loading. On economic development, Attorney Butler cited the RPPs requirements for providing data. He said the project also looked at the RPPs Other Development Review Policies (ODRPs), and suggested the project met several of these ODRPs. He noted the applicant had proposed a $70,000 package to advance workforce training and affordable housing. Dr. Clyde Barrow of UMASS Dartmouth discussed the project's economic development impacts. He looked at a variety of factors, including the impact to.local businesses of Circuit City and employment and fiscal impacts versus prior site uses. Attorney Butler noted the existing restaurant could re-open as a restaurant without any zoning or, Cape Cod Commission review. Mr. Smith stated the staff was still working on community character and transportation issues. Ms. Patty,Daley, Director of Comprehensive Planning for theTown of Barnstable, said the town had two primary. concerns. Ms. Daley said the location of the project relative to the Airport rotary was a concern. She noted the project would increase rotary traffic by I%, which translates into 25 or more vehicle trips, which is a safety issue relative to the RPP standards. Ms. Daley said.the Town's second concern is over the available vacant commercial space in Barnstable. She said the Town would prefer Circuit City to move into existing vacant space, such as the building in the K-Mart Plaza. She also addressed the project's economic impacts, noting the Town had commissioned a study,by Suffolk University, a copy of which had been provide to Dr. Barrow. She said the Town was interested in having the applicant fund a peer review of Dr. Barrow's work. Mr. Steve Seymore, Barnstable Growth Management Engineer, discussed transportation issues relating to safety concerns the Growth Management Department had about the rotary signage and striping plan. Mr. Brian Cowvell of Barnstable asked how could relocating the proposed project to the K-Mart Plaza could be fair. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 5 of 28 c c Mr. Joe Chilli of Barnstable said the Commission should be concerned about the message that this review was sending to off and on-Cape businesses. He said the message was very negative. Ms. Susan Kadar, responding to Mr. Chilli's comments, noted the Subcommittee had not made its determination on the project yet. She expressed confusion about the multiple peer reviews. She asked how many peer reviews there were for the transportation issues. Mr. Roy Richardson asked if Dr. Barrow's report took into account recent reports from the Cape Cod Chamber of Commerce on the continuing changes in the area's demographics. He said this indicated a need to bring back younger people to the Cape and the need to develop more work-force training and housing. Mr. John Tortolot, Berkshire Development, said his company was proud to be working with Mr. Robinson. He said the workforce housing and good jobs are an important social step, and Mr. Robinson demonstrates commitment to this by wanting to expand the insurance business. Ms.. Annette Chilli of Barnstable asked what would happen to the other vacant buildings on or near the Airport rotary (Chili's restaurant, Mitchell's, etc.)when businesses want to move into these parcels? She asked what is going to happen when these parcels are redeveloped? - Mr. Robert Jones said the Suffolk University report noted certain businesses would be negatively impacted, such as Nantucket Sound.. Mr. Frank Hogan said transportation issues were key to this project. He also noted weighing the project benefits versus detriments was important. In this vein, he said reducing two curb cuts to one is a benefit to this project. Mr. Hogan said requiring a right turn was also a positive thing. I Mr. Jones said he appreciated what the Town was trying to do along the corridor, but also said it was important to consider the cost of delay to the business. f Ms. Elizabeth Taylor had questions on the economic benefits given the full and part time staff and asked what the pay scale of the positions would be. She had concerns about the changes to the Airport rotary, and whether they would.improve the situation. Attorney Butler said the program being proposed by the applicant—pavement marking and signage—will address issues at the Airport rotary. He said it would increase capacity and decrease accidents. Mr. Hart said the program that was implemented at Latham, NY was based on the unique design of that rotary, and the recommended changes to the Airport rotary are based on its unique configuration.. Mr. Richardson said his questions dealt with whether the economic forecast took into account workforce issues. He reiterated his desire to understand which LCP is being looked at in terms of consistency, and what the pros and cons were of the business locating in the vacant building in the K-Mart Plaza. Ms. Daley said the Town had asked Circuit City to move into an existing vacant building, not any particular vacant building. She stated that the town had asked the applicant to identify an already-built structure to move into. She said that was the Town's thinking in this case. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 6 of 28 At the November 29, 2007 public hearing, the applicant provided an overview of the proposed Circuit City redevelopment project. Staff provided an overview of issues associated with community character, stormwater management and transportation. The Subcommittee heard oral testimony at the hearing from: Attorney Butler said the applicant believed the project met the RPP Minimum Performance Standards (MPS)for stormwater management. Ms. Gabriel Belfit said .Commission water resources staff had one correction to be made to the Stormwater Operations and Maintenance Manual prepared by VHB. Attorney Butler addressed community character issues, and said .the project had addressed all the applicable MPS in the 2002 Regional Policy Plan issue area. Mr. Steven Chinard of VHB reviewed the,revised site plan and changes to the building.design and facade for the Subcommittee members. He said the applicant believed the design now met the RPP standards for all the building facades. Mr. Wasyl HnaitW, architect for the applicant's project team, further explained the revisions to the building facades. He said the building faces now have the appropriate amount of variation along each face. Attorney Butler said the project team believed that the project met the RPP standards as they related to the Airport Rotary. He said the Town of Barnstable should determine the signage related to the rotary changes. He noted the Town had submitted a letter prior to this hearing on transportation issues, which Attorney Butler said he had not had time to review and assumed stated that the project's mitigation still does not work. i Mr. Glenn Cannon, Commission transportation engineer, said the staff s concern with the proposed signage at the rotary is that these signs will need to be relatively large, so that vehicle drivers can read them in advance of the vehicles entering the Airport Rotary. He said this means the signs may likely have - community character issues, Attorney Butler said there would be plenty of opportunity for local review of the signage, including formal Town approvals. He said the signage could be modified and handled through a condition of an approval. Mr. Cannon noted that the changes to the Airport Rotary were significant. Ms. Kadar said she had a number of concerns on transportation and economic.development, saying the project's trip generation is high. She noted credits do not remove vehicles from the roads. Ms. Kadar noted the Airport Rotary operates at Level of Service (LOS) D/F since 2004, and that the LOS D is exceeded by an additional 550 vehicles per hour generated by this project. She expressed concern for this volume of traffic. Mr. Jones said there was an inherent difficulty: encourage this type of operation in existing business zones, and then express concern over traffic increases. He said traffic and congestion are a fact on Route 132. He said the question was how to concentrate traffic in certain areas. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 7 of 28 t i Mr. Richardson said he drives through the Airport Rotary frequently. He said his experience indicates further discussions are needed between the applicant and the Town of Barnstable to find solutions. Mr. Richardson said Ms. Kadar had valid points. He said there might be other possibilities. He discussed whether there were options that kept more traffic off Route 132. Ms. Patty Daley, Barnstable Growth Management Department, said the.Commission needed to take the traffic flow issues seriously. She said the Federal Aviation Administration will not have or allow private curb cuts on the road behind the proposed Circuit City. Ms. Daley said that if the community does not accept the transportation improvements, they will not work. Ms. Daley said the length of the proposed median needed to be increased, as the current design would still allow for u-turns on Route 132. Mr. Dan Loris, VHB engineer, said the design of the rotary improvements have been reviewed by the Commission's consultants, and some suggestions have been made to the designs. He said Stantec believes there will be an overall benefit to the rotary from the proposed improvements. Mr. Cannon said VHB should come back with an alternative design based on the,Town of Barnstable's letter outlining its concerns of the proposed reconfiguration. He said this.needed further discussion between all parties involved. On economic development issues, Attorney Butler said the Commission staffs review does not discuss the existing businesses, such' as Rodgers & Grey, but.focuses on Circuit City. He said the staffs comments were done without any interview of the'Blooms, .one of the property owners. He said the applicant would like Dr. Barrow to discuss the economic development.issues. i Mr. Charles Robinson, owner of the Rodgers &Grey insurance company, said the problems at the Airport Rotary and the fixes to make it less hazardous than it is now should not be put on the proposed project. j He said the proposed business was nonetheless willing to put $700,000 towards fixing the transportation issues. Mr. Robinson said the Town should also participate in taking care of the problems. Ms. Carol Bloom, owner of the Star City Grill property, said she sympathized with and appreciated the time the Commission members had taken in reviewing the project. Ms. Bloom said that the length of the process was exhausting, and that she was counting on the sale of her property to secure the financial future of her children and grandchildren. She said the proposed developer; Berkshire Development, was willing to help resolve the transportation issues. Mr. Don Keeran, Association for the Preservation of Cape Cod assistant director, urged the Commission to heed the Town of Barnstable's concerns. He said the Town's involvement was key, and one project should.not be the detenninant of what the Rotary solution may be. He said the system was one of piecemeal mitigation, project by project. He said, however, the Rotary issues needed a more comprehensive solution. Mr. Greg Smith stated the Commission staff and applicant needed to have additional meetings on the issues of economic development and transportation. At the January 22, 2008 public hearing, the applicant provided an overview of the proposed Circuit City redevelopment project. Staff provided an overview of issues associated with economic development and transportation. The Subcommittee.heard oral testimony at the hearing from: Circuit City Limited DRI Decision #TR 07020 February 7;2008 Page 8 of 28 . Attorney Patrick Butler discussed a new transportation mitigation proposal that included an $800,000 cash contribution by the applicant to the Town of Barnstable that would be used by the town to acquire the Chili's restaurant parcels located adjacent to the Hyannis rotary. He stated that the intent of the acquisition was to remove it from development and have the trips that Chili's would no longer produce be used to offset the trips associated with the proposed 22,475 square foot Circuit City. This cash donation j. would be in lieu of the proposed raised median, and rotary striping and signage plan that.had been previously proposed by the applicant: Patty Daley, interim Director of the Growth Management Department in Barnstable, stated that for the record-the town was very pleased with this proposed mitigation plan. Randy Hart,traffic engineer for VHB, Inc., referred to a civil plan that had been prepared by his company that reflected a re-design to the curb cut along Route 132. This re-design, in his opinion, would serve to deter people from making illegal lefts into and out of the site. Ms. Kadar felt that this was awin-win situation and wondered if the Chili's building would be razed by the town when it acquired the site. Ms. Daley stated that she felt this would be the case. Ms. Taylor,asked if the applicant or counsel knew the purchase price for the Chili's site. She also wanted. to know what kind of guarantee would be provided to ensure that the transaction occurred. Ms. Daley stated that the purchase and sale agreement is in place. Mr. Hogan asked if the applicant and town were amenable to the idea of using the funds ($70,000) that were earmarked for affordable housing could be used to make other transportation improvements that would deal with the concern about illegal left turns. Mr. Richardson thought that the proposal being brought forth by the applicant was a good one and while the left turn issue on Route 132 was an issue,he was comfortable with the traffic mitigation proposal. Mr.Butler discussed economic development issues and felt that the.purchase of the Chili's parcel had an economic benefit. He referred to the Tischler"Green Paper". Leslie Richardson, Commission staff economic development specialist, provided an overview of the economic development benefits and detriments analysis she had provided to the subcommittee. She stated that per her analysis of the information provided to staff, 93 percent of the wages are below what" the Department of Housing and Urban Development(HUD) considers low income. As such, the majority of workers employed at Circuit City could not-afford to purchase a home on Cape Cod. She also.stated that the Cape is saturated with electronics stores and the subcommittee should .be concerned with how commercially zoned land is used. Ms. Kadar stated.that she had reviewed. the information provided by. the applicant and staff and she felt the proposed Circuit City would have an impact on market share. As such, there could be adverse impacts to existing businesses on the Cape, most notably K and M Appliances and Nantucket Sound.. She was also concerned that this was not a local business and as such, the money would not stay in the local economy. Ms. Kadar also"said, based on her review of the classified job ads, there are many positions of the type to be provided by the applicant already unfilled. Circuit City Limited DRl Decision #TR 07020 February 7,2008 Page 9 of 28 Ms..Taylor stated her concerns about Circuit City's corporate practice of 2007 wherein it was indicated that Circuit City has closed or moved many stores. She noted there were 18 stores in the area that provide the merchandise Circuit City sells, and these are local businesses that spend most of their money,here on Cape Cod. Mr. Richardson felt that there was a niche for Circuit City here on the Cape and that he did not feel local businesses would be adversely impacted. Dr. Clyde Barrow of UMASS Dartmouth discussed the retail experience in Dartmouth,MA along Route 6. All of the retail businesses do well. He also suggested the subcommittee consider the economic benefit of Rogers and Gray relocating here on the Cape and increasing their workforce. Attorney Butler compared Circuit City to BJ's Wholesale Warehouse, in that BJ's did not have negative economic benefits. Ms. Richardson warned that no research has been undertaken to determine the economic impact of BJ's. Mr, Chuck Robinson stated that he supported the project as Rogers and Gray would be relocating from their existing site and his company would continue to grow. Mrs. Rose Chili of Barnstable stated that the Home Depot did not have adverse economic development impacts on other hardware stores, and that BJ's did not have an adverse.impact on other grocery stores. She asked the subcommittee to not deny Circuit City from coming to the Cape. Don Kerran of APCC stated the applicant had addressed APCC's traffic mitigation concerns with the $800,000 donation to acquire the Chili's site. Mr. Joseph Chili of Barnstable asked what had happened to the proposed raised median. j Attorney Butler responded that the monies that were going to be used to construct the raised median were now to be used for the acquisition of the Chili's site and a raised median may be built at some point in the future by someone other than the applicant. Mr. Cannon stated the project did comply with the applicable transportation MPSs, providing that the staff and VHB could reach agreement on both the reconfiguration to the curb cut to minimize left turns in and out of the site, and craft language regarding the need to invoke the flexibility clause for the acquisition of the Chili's site, as it could not be held in conservation restriction as required in MPS 4.1.2.7 �a)• Ms. Kadar asked if delivery trucks could use the rear access instead of needing to use Route 132.. Attorney Butler stated the rear access was a controlled gate for only emergency vehicles per a request by the Airport Commissioners. Mrs. Bloom, owner of the Star City Grill property, asked if there was ever a developer who came to the Cape who offered the town so much. Mr. Joe Duggas of Barnstable wanted to know if there would be a•conservation restriction put on the Chili's site and what the tax implications of the Circuit City would be on the town. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 10 of 28 q � Ms.Daley stated there would be_a restriction on the property for future use. Attorney Butler stated that_there would be no drain on the town's fiscal resources. and there would-be thousands of additional dollars in tax revenue from the Circuit City. Mr. Cannon asked for clarification from the town on the language of how the Chili's site would be preserved. Ms: Daley stated that the town would want some flexibility from the Commission on this issue, as the Conservation Commission would not want to hold a CR on this parcel. JURISDICTION The proposed Circuit City redevelopment project qualifies as a DRI under.Section 3(f)(i) of the DRI Enabling Regulations as a change of use with a gross floor area greater than 10,000 square feet. Pursuant to Section 4(a)of the DRI Enabling Regulations,the Chief Regulatory Officer determined that the project constitutes a Change of Use. Further, as provided in Section 4(a)(iii), the applicant then applied for a Limited DRI Determination in accordance with Section 4(b), which required the Regulatory Committee to determine the scope of the DRI review required. i FINDINGS The Commission, through the Regulatory Committee, has considered the application of Berkshire- Hyannis, LLC for the proposed change of use project at 624 and 640 Iyannough Road (Route 132), Hyannis, MA, and based.on consideration of such application and upon the information presented at the public hearings and submitted for the record, makes the following findings pursuant to Sections 3 and 4 of the DRI Enabling Regulations: GENERAL FINDINGS G1 The proposed project consists of the redevelopment of a parcel currently hosting a 4,000-square- foot office building occupied by Rogers & Gray Insurance and a 6,160-square-foot Star City Grill restaurant. The proposed Circuit City redevelopment project consists of the demolition.of two existing buildings with a combined square footage of 10,610 square feet located at 624 and 640 Iyannough Road`in Hyannis. The two buildings will be replaced with a new 22,475 square foot electronics superstore. The building will be owned by Berkshire-Hyannis, LLC and the sole tenant of the proposed building will be Circuit City, Inc. G2 As the first public hearing for the limited DRI review was conducted on April 5, 2007,the-project .. is being reviewed under the 2002 Regional Policy Plan. G3 The project site is located within the Route 132 Regional Commercial Center and Growth Activity Center designated by the Barnstable Local Comprehensive Plan, which was adopted by the Cape Cod Commission in February 1998. G4 The project does not lie within a District of Critical Planning Concern (DCPC). G5 The project is consistent with the Town of Barnstable's 1998 Local Comprehensive Plan. G6 The applicant will seek a special permit to allow for the use, which is considered a "conditional use" in the Highway Business Zoning District. A special permit will also be sought for relief . Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 11 of 28 from the maximum impervious coverage based on the pre-existing, non-conforming nature of the property. The applicant will also seek a variance for relief from the 100-foot front yard setback requirement. G7 The Commission has found that the proposed project shall be constructed according to the following plans: ■ Site Construction Plans entitled "Berkshire Development Iyannough Road Barnstable, Massachusetts Site Alternative" prepared by VHB dated February 23, 2007. and last revised on February 1, 2008(the "Site Alternative Plans"). ■ Exterior building elevations completed by. Casco Project Managers for Berkshire Development received by staff dated January 22, 2008; Floor plan and roof plan completed by Casco Project Managers received by staff dated January 30,2008; ■ Stormwater Management System Operations and Maintenance Manual prepared by VHB dated February 1,2008; and ■ Landscape maintenance Plan (in accordance with Condition CCI). G8 The Commission finds that the probable benefits of the redevelopment outweigh the probable detriments. This finding is supported by findings WR1, WR2, WR3, ED2 (this project will enable the relocation and expansion of Rogers and Gray Insurance Company in Hyannis), ED3 (location in a growth activity center per ODRP 3.2.3), ED6, CC5, T6,T7, T9 and T14. WATER RESOURCES FINDINGS WRl MPS 2.1.1. states "all development and redevelopment shall not exceed a 5 ppm nitrogen loading standard". The proposed development incorporates more 'landscaped areas as. compared to the existing use. The applicant determined fertilizer will be applied to these I areas, and calculations were submitted, indicating a small increase in nitrogen loading. This increase in nitrogen remains well below the RPP 5-ppm nitrogen loading standard. Wastewater flows were not included in the nitrogen calculations, as the Circuit City will be connected to the Hyannis Wastewater Treatment Facility and will generate approximately 80% less wastewater compared to the existing uses. As such,the nitrogen loading standard is adequately addressed. WR2 MPS 2.1.1.A.5 states development and redevelopment shall adopt a turf and landscape management plan. that incorporates water conservation and minimizes the use of pesticides and chemical fertilizer through best management practices. The applicant has proposed to incorporate vegetated bio-retention areas to improve treatment of stormwater on site. The plans incorporate a landscape management plan that specifically addresses the bio-retention. The plants will be watered during the first year by the landscape contractor, and only during extended drought periods thereafter. Pesticide application should be' prohibited in the landscape contract. To further reduce nitrogen loading, staff recommends that after the vegetation is established, additional fertilizer is applied to the bio- . retention areas only if soil testing.indicates it is necessary and only if organic fertilizers are used and incorporated into the soil below the mulch layer. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 12 of 28 f WR3 MPS 2.1.3.3 states development and redevelopment shall use best management practices such as vegetated swales and other bio-retention areas for treatment prior to infiltration. The applicant is proposing to utilize a variety of stormwater Best Management Practices . (BMPs) to handle stormwater onsite and meet the Commissions MPS 2.1.3.2, Town of Barnstable Regulations, and the State of Massachusetts Stormwater Policy Guidelines. Structural BMP's include hooded catch basins, a Stormceptor sediment trap, bio-retention cells within the parking area, and vegetated swales incorporated into the foundation plantings. In order to avoid an increase in impervious surfaces from the existing to proposed conditions, permeable pavers are proposed for the perimeter parking area. Rooftop runoff, which is classified as clean, will be directly infiltrated into a subsurface infiltration basin. Overflow catch basins with subsurface infiltration are provided to accommodate the 257year storm. Non-structural BMP's proposed include regular pavement sweeping, catch.basin cleaning, and enclosure and maintenance of the dumpster area. The stormwater plan is a significant improvement over existing conditions and will provide better treatment of the project's stormwater. The improved treatment will remove 90% of sediments through the combination of structural and non-structural BMP's, and all stormwater will be infiltrated onsite. WR4 MPS .2.1.3.6 requires a stormwater maintenance and operation plan for approval by the Commission. The Stormwater Operation and Maintenance Manual for the Circuit City site dated February 1,2008 was expanded to include maintenance of each stormwater BMP. WR5 To comply with MPS 2.1.3.7, the stormwater system adjacent to the loading dock area has incorporated a shut-off valve to protect the groundwater from potential contamination due to an accidental spill. Hazardous material impacts are not expected to be significantly different from the existing development. ECONOMIC DEVELOPMENT FINDINGS ED1 The following findings are based on the following information relating to the proposed Circuit City store along Route 132 in Hyannis, including: ■ Circuit City Site Analysis, prepared for the Town of Barnstable.by Suffolk University/Cape Cod Public Policy Institute/Center for Public Management dated September 14,2007; Economic Impact Analysis, prepared for Berkshire Development, LCC by the .Center for Policy Analysis at the University of Massachusetts at Dartmouth dated September 2007, revised December 2007; . ■ Review of Circuit City Site Analysis by Suffolk University, Prepared for Berkshire Development, LCC by the Center for Policy Analysis at the University of Massachusetts at Dartmouth dated October 2007; ■ Security and Exchange Commission Form 10-K: Circuit City Stores, Inc for FY ending February 28, 2007 and second quarter Form 10-Q; The Fiscal Impacts of a Circuit City on the Town of Barnstable,Massachusetts, prepared for Berkshire Development, LCC by the Center for Policy Analysis at the University of Massachusetts at Dartmouth.dated January 2007 (received January 16,2008); ■ Memorandum: Peer Review of Circuit City Economic Impact Analysis - September 2007; Prepared.for the Town of Barnstable by FXM Associates dated January 18,2008; ■ Cape Cod Commission Staff Reports dated November 28, 2007 and January 17, 2008; and Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 13 of 28 ,i ■ Minutes of Subcommittee Hearings and Meetings dated October 29 and November 22, 2007 and January 22,2008. ED2 The Commission finds that expert reports and testimony, public input, and discussions during the public hearings provide conflicting evidence as to the overall impact of this project on the regional economy. The reports submitted by the applicant listed in ED1 addressed the market, economic, and fiscal impacts of the project; concluding/suggesting that Circuit City would have.no'adverse impacts on the regional economy but would instead benefit the region in each of these areas. Commission staff, after a careful analysis of all the documents listed in ED1 did not come to the same conclusion and questioned some of the methodology used (see project file for all of the applicant's reports and the staff analysis). Public testimony, letters received by the Commission, and discussions recorded in hearing minutes between the applicant, staff, and Commission members (refer to the project file) included statements both in support of and against the project on economic grounds. Some parties cited the benefits of added competition, potential reductions in product prices, and jobs that would provide supplemental income to students, spouses, and retirees. Some parties argued that the project r would not negatively impact existing businesses because Circuit City would fill a unique market niche and/or there is enough demand for consumer electronics that the addition of Circuit City would not reduce the sales of.existing businesses. Conversely, some parties cited the detriments of adding more retail to an economy already dominated by retail, adding low- j paying full-time jobs with wages unequal to the cost of housing in the region, and adding more part-time and low-wage jobs when numerous similar jobs are currently available. Parties discussed the negative impacts of non-locally owned businesses on the overall wealth of the region while others responded by noting the positive impacts of retaining the locally owned business of Rogers and Gray Insurance. Similar pros and cons were argued relative to the location of the project, the necessity of constructing a new stand-alone building, the net fiscal impacts of the project, the corporate practices of Circuit City, and the likelihood of the land being used for other uses with more positive or negative impacts on the region's economy. The Commission concludes that it is essential to determine the nature of the impacts of this type of project on the Cape's economy and for this reason the Commission finds that the overall economic development impacts of the proposed Circuit City are as yet indeterminable and that ongoing reporting be conducted. ED3 The Commission finds that the applicant has provided the economic data sufficient to comply with MPS 3.1.1. As the project is located in a growth center, it complies with MPS 3.2.1 and MPS 3.2.2. ED4 The Commission finds that the jobs and wages proposed by the applicant will not advance the RPP goal "to encourage the creation and diversification of year-round employment opportunities that are well-paid, include. benefits, and lead to career advancement. The wages proposed by Circuit City average $26;803 per year. This figure is 20% lower than the electronics sector average wage for Barnstable County in 2006 ($33,400) and more than 60% lower than the Cape's Median Family Income for 2006 ($70,995). Some benefits are provided for those meeting eligibility requirements as outlined in information provided by the applicant dated January 30, 2008. ED5 The Commission finds, pursuant to the 2002 RPP, Section 3 - ODRP 3.3.2, that the project may increase the need for affordable housing in the region. Ninety-three percent of the jobs pay less than the low income (based on the Department of Housing and Urban.Development's Circuit City Limited DRI.Decision #TR 07020 February 7,2008 Page 14 of 28. thresholds for public housing assistance); ten positions would be below very low income and all part-time positions would fall into the extremely low income bracket. Only four positions would not be eligible for public housing assistance. ED6 The.Commission finds that the applicant will, as part of this project, contribute $30,000 to the Barnstable. Housing Authority for affordable housing and $30,000 to. the Cape Cod Community College for workforce training. The applicant will also provide the Barnstable Public Schools with $10,000 in Circuit City equipment vouchers. All will be one-time financial contributions. Pursuant to the 2002 RPP, Section 3, Other Development Review Policy 3.3.2,these contributions will be considered a benefit. ED7 The Commission finds that existing businesses on the Cape already meet local demand for consumer electronics based on the Cape's population and spending power. While the Commission received testimony that the added competition would be.positive and would not hurt existing businesses, contrary evidence was provided in the Commission-staff analysis; thus the Commission finds that the impact of Circuit City on existing businesses and regional competitiveness is undetermined: ED8 The Commission finds that the continued ownership of the property locally will.help retain I wealth in the regional economy and thus mitigate some of the losses associated with non-.. local ownership. ED9 The Commission finds that the net economic impact of the project on the regional economy is unknown. The term "economic impact" in this finding refers to the direct, indirect, and induced jobs; income,and output that may be associated with the project. Based on the applicant's economic impact analysis, Circuit City will have a minimal positive impact on the local economy with a ratio of less than 1:1 for both jobs and earnings. However, this impact is generated using an additive model that assumes Circuit City will not negatively impact existing businesses, which is an assumption not supported by the Commission staff s market analysis. ED10 The Commission _finds Circuit City would generate $27,238 in property taxes annually; $7,773 more than currently generated by the property. The Commission also finds the net fiscal impact of the project is unknown. The applicant provided on January 16`h, 2008 a fiscal impact analysis that took into account the cost side_as well as the revenue side of the equation. The report, prepared by the Center for Policy Analysis at UMass.Dartmouth for the Applicant, found the project would have a positive net impact of approximately $9,000 per year. However, the Fiscal Impact Anal sY is of Residential .and Nonresidential Land Use Prototypes completed.for the Town of Barnstable by Tischler& Associates in July 2002 finds the net fiscal impact of"big box retail" is 4468/1,000 square feet. Using this. data, Circuit City would cost the town $10,998 annually in services over the revenue generated. Without more time and access to the models used.for these fiscal analyses, the Commission is unable find either a net positive or net negative fiscal impact. COMMUNITY CHARACTER FINDINGS CC1 The proposed project is not located within an historic district and there are no known historic resources on the project site. .On August 10, 2006, Massachusetts Historical Commission (MHC) determined that the proposed project was unlikely to have significant,effect on historic or Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 15 of 28 archaeological. resources. The Commission finds .the .proposed Circuit City project is thus consistent with Minimum Performance Standards in the Heritage Preservation section of the RPP. CC2 For redevelopment projects, the RPP allows the expansion of buildings up to an individual footprint up to 50,000 square feet without any requirement'for full screening.(MPS.6.2.5). The proposed building will have a building footprint of 22,475 square feet and therefore, as a redevelopment project, the Commission finds full screening of the new.building is not required under MPS 6.2.5. CC3 MPS 6.2.5 also requires the design of all structures that exceed a building footprint of 10,000 square feet incorporate variation into the massing, fagade, and roof configuration in.order to reduce the apparent.mass of the building and "shall include a minimum of 10 feet of set-back or projection in the fagade footprint for every 50 feet of fagade length." The Commission's Design Guidelines (Technical Bulletin 96-001 - Designing the Future to Honor the Past: Design Guidelines for Cape Cod) also recommend a variety of additional design approaches that are aimed at guiding the mass and scale of development on the Cape and encouraging best practices in design. The exterior of the proposed single-story building is clad predominantly with painted I 4" lap-siding, with Concrete Masonary Unit (CMU)used.at the base of the walls as a water table and.varying in depth around the perimeter. The facade is proposed to have patterning in the siding at the most visible corners and a band that carries around the majority of the building. The.sloped portions of the roof include dormers with louvers and are proposed to be clad with asphalt shingles, and cornices cap the walls on the remainder of the perimeter. The plans dated February 1, 2008 show that the proposed building will meet the dimensional requirements of MPS 6.2.5 and the building design also incorporates a variety of design strategies that are aimed at reducing the overall mass of the structure. For instance, the walls, facades and roof heights are all varied in order to give the appearance of smaller sub-masses rather than a single large structure. In addition, changes in materials, colors and the proportions of both on each facade reinforce the variation in the building.The proposed landscaping also contributes to the overall design goal of minimizing the bulk and mass of the building from the street side and also serves to soften the appearance from off-site public views. The Commission finds that the proposed building is consistent with MPS 6.2.5 and Technical Bulletin 96-001: "Designing the Future to Honor the Past: Design Guidelines for Cape Cod." CC4 MPS 6.2.7 requires that "Parking shall be located to the rear or the side of a building or commercial complex in order to promote traditional village design in commercial areas unless such location would have an adverse or detrimental impact on environmental or visual features on the site,'or is infeasible." The proposed building is located within the 100-foot front setback area required under local zoning. This location requires a variance from the Town of Barnstable. However, the proposed location allows all the parking required under local zoning to be located behind and to the side of the building, rather than between the building and the street. From a community character perspective, the proposed plan is more desirable and provided the applicant is able to secure the necessary zoning relief from the Town of Barnstable, the Commission finds that the project as proposed is consistent with MPS 6.2.7. CC5 MPS 6.2.9 requires that all development implement a landscape plan that addresses the functional aspects of landscaping, and requires a maintenance agreement or irrigation system, as appropriate. The proposed landscape plan incorporates bio-retention areas, protects existing mature trees on the site and provides significant landscaping along Route 132 to help screen the proposed building from this regional roadway. Additional screening is proposed adjacent to other Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 16 of 28 i 9 i � existing development. The landscape plan provides a variety of trees, shrubs and groundcover that are suitable to the site and are not invasive species. The Commission finds that the applicant will need to provide a maintenance agreement to ensure the continued viability of the proposed landscaping. TRANSPORTATION FINDINGS T1 Berkshire-Hyannis, LLC proposes to construct a 22,475 square foot Circuit City on Route 132 in Hyannis on a site that is currently developed with a defunct restaurant and an insurance office building. Route 132 is a regional roadway as defined in the 2002 RPP and the project is located within one of the Town of Barnstable's certified Growth Activity Centers. T2 The applicant has offered to provide the Town of Barnstable with $800,000 toward the purchase of an existing business (the Chili's parcel) located adjacent to the Airport Rotary and a separate piece of property located at 0 Iyannough Road (together referred to as the "Traffic Mitigation Properties"). The Town of Barnstable.would ensure that no future development would occur on these parcels of land that is inconsistent for the purposes for which they are acquired. The Town of Barnstable and the applicant have proposed that the estimated trip generation of the existing business be credited to the Berkshire Development project. The Chili's property is located at 545 Iyannough Road (Route 132)and consists of approximately 0.72 acres of land. It is located on the south side of Route 132 and on the north side of Route 28 adjacent to the Wendy's restaurant. The parcel next to Wendy's is identified as follows by Barnstable Assessor's Office: 0 Iyannough Road(Route 132),Hyannis Assessor's Map 311, Parcel 24 Consisting of 0.23 acres Owned by Brinker New England 1, LLC The former Chili's parcel is identified as follows by the Barnstable Assessor's Office: 545 Iyannough Road (Route 132), Hyannis Assessor's Map 311, Parcel 42 Consisting of 0.12 acres Owned by Brinker New England,l, LLC The former Chili's restaurani was permitted for 266 seats and consists of approximately 7,882, square feet. In addition to the property at 545 Iyannough Road, the Town of Barnstable will acquire the vacant land located at 0.1yannough Road. The parcel of land is triangular in shape and abuts the Wendy's property to the west and the rotary to the east. It is presently unpaved and utilized by Wendy's for over-flow parking. T3 As stated -in transportation finding T2, the Town of Barnstable would acquire the Traffic, Mitigation Properties and prevent any future development, including town sanctioned parking, from,occurring on these parcels and the parcels shall be secured such that no motor vehicles can Circuit City Limited DR] Decision #TR 07020 February 7;2008 Page 17 of 28 1 ' park.on site. The 2002 RPP allows the donation of vacant developable land (MPS 4.1.2.7:and MPS 4.1.2.8) to offset the trip reduction requirements and to offset the mitigation required for congestion. The applicant is requesting that this parcel of land (545 Iyannough Road)offset both RPP requirements. The RPP requires that these parcels of land either be held by the Town Conservation Commission or have a permanent conservation restriction placed on the parcel. The parcels of land (identified as 0 Iyannough Road and 545 Iyannough Road) are shown on an undated plan titled "Existing Conditions, Barnstable,. Massachusetts" prepared by Vanasse Hangen Brustlin, Inc. T4 The Commission finds that it is appropriate to utilize the flexibility clause from the requirement set forth in MPS 4.1.2.7.(a) that title to the Traffic Mitigation Properties (as defined in condition T1) be held by the Town's.Conservation Commission or placed under.a permanent conservation restriction and held by an appropriate conservation land trust.` Based on the location and existing condition of the Traffic Mitigation Properties, the Commission finds that the interests protected by MPS 4.1.2.7 (a) may be protected by the alternate approach of allowing the traffic mitigation properties to be deeded to the Town of Barnstable. As required by this decision, the Traffic Mitigation Properties will be held by the Town of Barnstable ("Town") and that portion of the properties acquired through Community Preservation Act funds shall be used as open space. The remainder of the Traffic Mitigation Properties shall be used for municipal purposes, including landscaping, open space, and roadway and related improvements,and shall not contain uses that. directly'generate traffic. In accordance with.the requirements of the flexibility clause, the Commission finds that the deeding of the Traffic Mitigation Properties to the Town with the aforesaid restriction meets the spirit and intent of MPS 4.1.2.7 and will not be more detrimental to the protected resource than is allowed under MPS 4.1.2.7. T5 The Commission finds that the Town of Barnstable has indicated that it will not utilize or occupy . the structure situated on 545Iyannough Road, Hyannis (the so-called former Chili's restaurant building). As it deems. appropriate, the Town of Barnstable may secure the Transportation Mitigation Properties to prevent unauthorized access by the public. T6 The Circuit City store is proposed to occupy two existing parcels. Each parcel currently has a full access driveway on Route 132. The proposed Circuit City,store would consolidate these driveways and further restrict the turning movements at the proposed driveway to right-turn- in/right-turn-out. The Commission finds the consolidation of two (2) existing full access driveways into one (1) turn restricted (right-turn-in/right-turn-out only) to be a significant safety improvement. The proposed Route 132 driveway shall be constructed based on the plan titled "Site Access Exhibit" for the Proposed Circuit City in Barnstable, Massachusetts by Vanasse Hangen Brustlin, Inc. dated January 29, 2008. T7 This finding outlines the net trip generation decrease for the proposed electronic superstore based on the traffic credits given for its location in a certified growth center, the on-site development (the existing office and the defunct restaurant)and the acquisition of the Chili's parcel. Trip Generation for the proposed Circuit City According to the March 22, 2006 technical memorandum, the proposed 22,475 square foot development is expected to generate the following trips after the ten (10) percent Circuit City Limited DR] Decision #TR 07020 February 7,2008 Page 18 of 28 certified growth center traffic credit (as allowed in the RPP)has been applied to the trip generation estimates: Average weekday 952 trips Average morning peak hour N/A Average evening peak hour 95 trips Average Saturday 1,334 trips Average Saturday peak hour 135 trips The proposed site has been previously developed and as.requested in the March 22, 2006 technical memorandum, the following traffic credit was given for the previous development: Average weekday 634 trips Average morning peak hour N/A Average evening peak hour . 57 trips Average Saturday. 422 trips Average Saturday peak hour 50 trips The expected net increase in off-site traffic from the project, after allowing for the traffic from the previous development, is as follows: Average weekday 318 trips Average morning peak hour N/A Average evening peak hour 38 trips Average Saturday., 912 trips Average Saturday peak hour 85 trips I Trip Generation for the Chili's Parcel (based on previous use as a restaurant) Based on the applicants' trip.generation estimates the Chili's parcel has the potential to generate the following traffic: Average weekday 1,285 trips Average morning peak hour. 125 trips Average evening peak hour 112 trips Average Saturday 1,652 trips Average Saturday peak hour 234 trips The expected net decrease in off-site traffic from the project, after allowing for the traffic from the Chili's parcel is as follows: Average weekday _ -967 trips Average morning peak hour N/A Average evening peak hour -87 trips Average Saturday -740 trips Average Saturday peak hour -149 trips Circuit City Limited DR] Decision #TR 07020 February 7,2008 Page 19 of 28 The removal of the existing development from the Chili's parcel and application of the traffic credit to the Berkshire Development project results in the proposed Circuit City project theoretically not having any traffic to mitigate. T8 The RPP requires DRI's to perform Level of Service analysis and provide for full mitigation of project impacts on all regional road links(MPS 4.1.3.4) within the study area of the project. Based on the traffic credits outlined in Finding T3, all site-generated traffic has been mitigated. Therefore, the project would not have a study area or have any traffic congestion to offset. T9 All DRI's are required to reduce new vehicle trips in and out of the site by 25 percent over what is typically expected for the land use (MPS 4.1.2.1). Based on the increase in average daily traffic of 952 trips per day, and an existing traffic credit of 634,the trip reduction requirement for this project is 80 [952-634) x .25] daily vehicle trips. The proponent has, offered an employee based trip reduction plan and 'the Town of Barnstable has offered the traffic credit from the Chili's parcel to offset the trip reduction requirements for the RPP. The Commission adopts this. credit and finds that new vehicle trips have been reduced by 25% over what is expected for this land use. Although the traffic credits from the Chili's parcel more than offset the trip requirements of the RPP, the applicant has agreed to maintain the employee trip reduction project previously agreed upon to assist employees in their daily commute. The Applicant shall provide an employee/patron trip reduction program that includes the following in-kind strategies: • Assemble information regarding carpooling and its benefits to be distributed to tenants and their employees: • Designate an area where carpool information will be posted for all employees of the project. Implement a guaranteed ride home program (taxi service)for use in the case of an emergency for program participants. • Designate preferential parking spaces for employees that carpool. •- Provide secure bicycle storage areas to accommodate bicycles for both employees and patrons. • Work with tenants to provide on-site services to decrease employee midday trip making. The on-site services shall include a lunchroom, microwave and refrigerator. • Provide an on-site transportation coordinator. The transportation coordinator shall be responsible for insuring that the complete rideshare program, including car/vanpools; accommodating work shifts; promotions; incentives; preferential parking; and guaranteed ride home program, is consistently promoted and provided. Provide flexible work hours for employees that car/vanpool. • Work with tenants to develop employee work hours to match transit schedules for transit riders. • Implement an annual employee trip reduction plan review to be held at least once a year. • Distribute to all employees a new employee information packet that will include information about the various TDM programs that are available and the ways in which employees can participate. • Provide a quarterly bulletin or newsletter reminding employees about the TDM programs and making the employees aware of any new or modified services. Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 20 of 28 I • Provide bicycle maps indicating the location of bicycle facilities in.the area will be posted in central locations within the development to encourage bicycle commuting. • Provide a reference in all promotional materials or link, in the case of a website,to the Cape Cod.Commission transportation information center Travel Demand Management services at www.g_ocal2ecod.or /g tdm. In addition, website based materials and advertising developed for the project will include listing and links to available public transportation services serving the project site. • Provide incentives each day for each employee who commutes to work using alternative methods that reduce automotive trips such as bicycling, walking, carpooling or transit.. These incentives may include free meals through coupons/discount. cards for use toward the purchase of goods and services within the development or at adjacent retailers or entries into weekly raffles for prizes such as movie tickets,free meals and/or goods and services. T10 The RPP requires, analysis of crashes at all intersections of regional roads, where the project is expected to increase traffic by 25 or more trips during the project's average peak hour (MPS 4.1.1.2). The RPP standard of review for safety impacts.is 25 or more new peak hour trips through a high crash location. As stated in transportation finding T3, the Commission finds proposed project is not expected to generate more than 25 new peak hour trips; therefore no regional intersection would be.impacted by 25 or more new peak hour trips. Tll MPS 4.1.1.1 states Development and redevelopment shall not degrade safety for pedestrians, bicyclists, or motor vehicle operators or passengers. The Airport Rotary is listed in the top 1.,000 crash locations as reported by. the Massachusetts Highway Department and is the fifth highest crash location on Cape Cod. The intersection experiences an average of approximately 31 crashes per.year. The Town of Barnstable and the applicant will work together to acquire the Traffic Mitigation Properties, one of which currently is the location of a defunct restaurant. The Town of Barnstable would prevent any future development that is inconsistent for the purposes for which they are acquired from occurring on these properties and secure the properties such that no unauthorized motor vehicles.can park on site. The Commission finds the acquisition and removal of the former restaurant would remove a significant traffic generator from the Airport Rotary and removing the'associated existing curb cuts would be considered a significant safety improvement. T12 The Applicant has proposed a right turn in/right turn out only driveway .onto Route 132 .and a gated driveway at the.back of the property for emergency.access only from Barnstable Road. The Barnstable Municipal Airport Commission has not authorized the use of the emergency access as of the date of this approved decision. Previously, the applicant had proposed a raised median within Route 132 extending between the site southern property line and the adjacent property (the "Partial Median") to assist in the enforcement of the proposed right-turn-in/right- turn-out Route 132 driveway. Unwanted left turns at right-turn-in/right-turn-out driveways were a major concern during the review process. During the hearing process, the Town of Barnstable represented that several public safety officials did not support the Partial Median. Commission transportation staff supported the Partial Median as a way of enforcing the proposed right-turn- Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 21 of 28 in/right-turn-out Route:132.driveway. At the January 22,.2008 public hearing, Ms. Patty Daley, Interim Director of the Barnstable Growth Management Department stated the Town of Barnstable is currently studying Route 132 and is considering requiring alonger raised median on Route 132 further enforcing the right-turn-in/right-turn-out requirement. The applicant has proposed an elongated right-turn-in/right-turn out traffic island to.further restrict the possibility of unwanted left turns into or out of the site. T13 A consideration in the Town of Barnstable Route 132 study is to provide full access to the rear of this property from Barnstable Road and a betterment would.be assessed to the property for future construction of an access road and traffic signal onto Route 132. The applicant has agreed to pay the betterment if this proposal comes forward. T14 The Massachusetts,Executive Office of Transportation (EOT) is currently conducting a Hyannis Access Study, and has recently released concept plans for the Airport Rotary. All of the concept plans require land taking around the existing rotary and all the concept plans require land takings from the Traffic Mitigation Properties. The Town of Barnstable has stated on the record that acquiring the Traffic Mitigation Properties will assist in expediting the construction of improvements at the Airport Rotary. Commission staff notes that land acquisition can be the most time consuming portion of any transportation project. CONDITIONS GENERAL CONDITIONS . G1 This DRI decision is valid for 7 (seven).years and local development permits may be issued pursuant hereto for 7(seven)years from the date of this written decision. G2 Failure to comply with all conditions stated herein shall be deemed cause to revoke or modify this . decision. G3 The applicant shall obtain all state and local permits necessary or applicable for the proposed project. G4 No development work, as the term "development" is defined in.the Act, shall be undertaken until all appeal periods have elapsed or, if such an appeal has been filed, until all judicial proceedings relating to such appeal have been completed. G5 The proposed Circuit City redevelopment project (#TR 07020) on Route 132 in Hyannis, MA shall be constructed in accordance with the following plans: ■ Site Construction Plans entitled `Berkshire Development Iyannough Road Barnstable, Massachusetts Site Alternative" prepared by VHB dated February 23, 2007 and last revised on February 1, 2008 (the"Site Alternative Plans"). Exterior building elevations completed by Casco Project Managers for Berkshire Development received by staff dated January 22, 2008; ■ Floor plan and roof plan completed by Casco Project Managers received by staff dated January 30, 2008; • Stormwater Management System Operations and Maintenance Manual prepared by VHB . dated February 1,2008; and ■ Landscape maintenance Plan (in accordance with Condition CC I).) Circuit City Limited.DRI Decision #TR 07020 February 7,2008 Page 22 of 28 I . G6 Any changes in the final plans-shall-require-a-modification from the Cape Cod Commission in accordance with Section 12 of the Cape Cod Commission Enabling Regulations. The applicant shall forward to the Commission, forthwith, copies of any and all.permits and approvals issued in relation to this project and issued subsequent to this decision. A copy of final.plans approved by the Town of Barnstable Zoning Board of Appeals shall be submitted to the Commission upon receipt of local approvals for review by Commission staff to determine their consistency with Section 12 of the Cape Cod Commission Enabling Regulations. G7 Prior to the issuance of a building permit, the applicant shall obtain a preliminary Certificate of Compliance from the Commission that states all conditions'in this decision pertaining to issuance of a building permit have been met. Prior to receiving a permanent or temporary Certificate of Occupancy for the proposed project, the applicant shall obtain a final Certificate of Compliance from the Cape Cod Commission. Unless otherwise stated in this decision, the project shall be. constructed in accordance with final plans listed in this decision in Condition G5 and all conditions of this decision shall be met prior to issuance of a Final Certificate of Compliance of the proposed project. The project shall not be open for business to the public until a final Certificate of Compliance is received from the Cape Cod Commission. G8 The applicant shall notify Commission staff of the intent to seek a Preliminary or Final Certificate of Compliance at least .thirty (30) days prior to the anticipated date of building permit or occupancy permit issuance. Such notification shall include a list of key contact(s) along with their telephone numbers for questions that may arise during the Commission's compliance review. Commission staff shall complete an inspection under this condition within seven (7) business days of such notification and inform the applicant in writing of any deficiencies and corrections needed. The Commission has no obligation to issue a Certificate .of Compliance unless all conditions are complied with or secured consistent with this.decision. Upon prior . notice, the applicant shall allow Cape Cod Commission staff to enter onto the property that is the subject of this decision for the purpose of determining whether the conditions contained in the decision are met, and at any time in the. future to determine continuing compliance with the conditions of this and/or subsequent modification decisions. 4 G9' ' The applicant shall be responsible_for providing proof of recording* of the decision prior to issuance of a Preliminary Certificate of Compliance: G10 The applicant shall demonstrate that a,copy of this.decision has been provided to the general �k 'contractor and all tenants (if applicable)prior t6the start of construction: COMMUNITY CHARACTER CONDITIONS r-CC1- Prior to'-issuance of.a Preliminary Certificate of Compliance from the Commission, the applicant shall submit for Commission.staff approval a draft landscape maintenance contract for three full growing seasons based on a sample landscape.maintenance contract/maintenance plan provided by Commission staff."A growing season is defined as the period between March 15th and October 31 S'. Prior to issuance of a Final Certificate of Compliance, the applicant shall provide.a fully executed;landscape maintenance contract for three full growing seasons. CC2 Plant materials specified by this decision may be substituted with prior written approval of 4 Commission staff. Circuit City Limited DRI Decision #TR 07020 February 7,2008 _ Page 23 of 28 CC3 If all required landscape improvements are not complete at the time a Final Certificate of Compliance is sought from the Commission,any work that is incomplete shall be subject to an escrow agreement of form and content satisfactory to Commission counsel. The amount of the escrow agreement shall equal 150% of the cost of that portion of the incomplete work, including labor and materials, with the amount of the cost to be determined by submission estimates for work for approval.by Commission staff. The escrow agreement may allow for partial release of escrow funds upon partial completion of work. The check shall be payable to Barnstable.County with the work approved by Commission staff.prior to release of the escrow funds. Unexpended escrow funds shall be returned to the applicant, with interest, upon completion of the required work. All site work and/or landscape improvements shall be completed within six (6) months of issuance of a Final Certificate of Compliance from the Commission. CC4 -Prior to issuance of a Preliminary Certificate of Compliance, the applicant shall submit plans for Lang proposed signs for staff approval to ensure'their consistency with MPS 6.2.11. Such plans shall include proposed materials,method of illumination and dimensions. . CC5 Prior to the issuance of a Preliminary Certificate of Compliance, the applicant shall. apply to, appear before, and obtain a decision from.the Town of Barnstable Zoning Board of Appeals on the variance from the 100' front yard setback requirements to permit the project to be constructed in accordance with the civil plan set entitled "Berkshire Development Iyannough Road Barnstable, Massachusetts Site Alternative" prepared by VHB dated February 23, 2007 and last revised on February 1, 2008 (the "Site Alternative Plans."). If the Zoning•Board of Appeals approves the variance, the project shall be constructed in accordance with the Site Alternative Plans. In the event that.the Zoning Board of Appeals does not approve the variance,the applicant may construct the project in accordance with the plans entitled "Berkshire Development Iyannough Road Barnstable, Massachusetts" prepared by VHB dated February 23, 2007 and last revised on December 28, 2007, which show the proposed structure complying with the.100-foot front yard setback. I ECONOMIC DEVELOPMENT CONIDITIONS EDl Prior to the issuance of a Final Certificate of Compliance, the applicant shall contribute_$30,000 to the Barnstable Housing Authority for affordable housing, $30,000 to the Cape Cod Community College for workforce training and $10,000 in Circuit City equipment vouchers to the Barnstable i Public Schools. ED2 Prior to the issuance of a Final Certificate of Compliance, the applicant shall provide a report to the Commission detailing the number of Cape Cod contractors, local suppliers, and workers employed during the construction phase of the project. The applicant shall note those businesses that are women or minority owned. ED3 Prior to the issuance of a Final Certificate of Compliance, the applicant shall provide a report to the Commission detailing the number of new jobs created, the position titles, wages, and benefits paid by Circuit City for each position, the number of these positions filled by Cape Cod residents, and the number of minorities, disabled, elderly, unemployed or underemployed persons expected to fill the new positions. ED4 Beginning one year from the date of occupancy for a period of five (5) years, Circuit City will provide to Commission staff.and the Town of Barnstable annual reports addressing the following: Circuit City Limited DRI Decision #TR 07020 February 71 2008 Page 24 of 28 i The number of employees receiving job training through the Cape Cod Community College or other local training entities, including.the types.of training, number of part-time and full- time employees, number of Cape Cod residents, and the annual dollar value paid by Circuit City to the College and tuition reimbursements to employees. • Local vendor purchasing, including the number and types of vendors being used and the approximate annual financial benefits to the community,to the extent such information is not subject to proprietary restrictions or confidentiality agreements. WATER RESOURCES CONDITIONS WR1 Pesticides shall not be used on any of the bio-retention islands. Fertilizers shall only be used if a soil test indicates a specific insufficiency of necessary.soil nutrients, and only if organic fertilizers are used and incorporated into the soil below the mulch layer. - WR2 There shall be an emergency stormwater shutoff value located by the Stormceptor adjacent to the building loading dock. The emergency shutoff valve should be inspected and, tested in conjunction with the Stormceptor maintenance schedule found in the Operations and Maintenance Manual. The site supervisor should be trained to operate the shutoff valve, and ensure that all supervisory staff are aware of this water supply protection safety feature in the. event of a spill in the loading dock area. WR3 r The Stormwater Operations and Maintenance-Manual shall .be finalized and approved-by 'Commission,staff prior to the issuance of a Preliminary Certificate of Compliance. A-copyof the, approved plan shall be provided to the Cape Cod Commission and the Town. of.Barnstable Engineering Department that includes: • names and addresses of the person(s)responsible for operation and maintenance, • person(s)responsible for financing maintenance and emergency repair, and w • maintenance schedule for all drainage structure, including swale's and permeable pavers and the signatures of the owners TRANSPORTATION CONDITIONS T1 Prior to the issuance of the Preliminary Certificate of Compliance, the applicant shall: a. Submit evidence that the properties addressed 0 and 545 Iyannough Road (Route 132), Hyannis (the "Traffic Mitigation Properties") have been acquired by the 'Town of Barnstable (the "Town") and that the applicant contributed a total.of $800,000 toward.the purchase of said Properties. The deed may reserve the right to use a portion of the Traffic Mitigation Properties for future roadway and related improvements, but the entirety of the Traffic Mitigation Properties shall be used in a manner that does not generate additional traffic on area roadways; or, in the alternative,yat-th`e'sole discretion of the Town of Barnstable after consultation with the applicant:. b.'-Provide evidence to the Cape Cod`Commission staff of the following: (1) the payment of-Seven Hundred Fifty Thousand Dollars ($750,000) (the "Traffic Mitigation Fund") to the Town of Barnstable to be held in escrow to be utilized and applied in accordance with an escrow agreement mutually,.acceptable to the Town of Barnstable (the "Town") and the applicant for the purchase of the. Circuit City Limited DRI Decision #TR 07020 February 7,2008 } Page 25 of 28 Traffic Mitigation Properties, (2) the delivery to the Town of an assignment of the Purchase and Sale Agreement dated January 10, 2008, by and. between Brinker New.England I,.LLC and Berkshire Hyannis LLC relating to the Traffic Mitigation Properties, (3) delivery to the Town of a title commitment issued by a recognized title insurance company for the issuance of a title insurance policy insuring good, clear and marketable title to said Properties, and (4) delivery to the Town of an environmental site assessment in accordance with M.G.L. c. 21E acceptable to the Town. It is expressly acknowledged that the Traffic Mitigation.Fund, together with the fifty thousand dollar ($50,400) deposit already paid by the applicant to place the Traffic Mitigation Properties under purchase and sale agreement (the "Deposit"), shall be applied by the town toward the purchase price of the Traffic Mitigation Properties and that the applicant shall not be responsible for :the payment of any additional monies toward the purchase of the Traffic Mitigation Properties. The specific financial obligations of the applicant and the Town in connection with the purchase of the Traffic Mitigation Properties shall be contained within the escrow agreement described herein. T2 Prior to receiving a Final Certificate of Compliance, the applicant shall implement and maintain the trip reduction plan as outlined in transportation finding T9. T3 As stated in transportation finding T3, the Town of Barnstable shall use best efforts.to secure the Traffic Mitigation Properties located at 0 Iyannough Road and 545 Iyannough Road such that no unauthorized motor vehicles can park on site. i Circuit City Limited DRI Decision #TR 07020 February 7,2008 'Page 26 of 28 CONCLUSION Based on the findings above,. The Cape. Cod Commission hereby approves with conditions the Development of Regional Impact application of Berkshire-Hyannis, LLC for the construction of a new 22,475 square-foot Circuit.City retail store in Hyannis, MA. This decision is rendered pursuant to a vote of the.subcommittee on February 7, 2008. Prior to the issuance of a Certificate of Occupancy from the Town of Barnstable, the Applicant must receive a Certificate of Compliance from the Cape Cod Commission. This provision is necessary to ensure that the project for which the Applicant received a Limited DRI Decision (required DRI review of community character, economic development, stormwater resources and transportation) was constructed according to the proposed plans referenced herein in Finding G7 and is consistent with all Findings of this Decision. The Applicant shall provide a minimum of thirty (30) business days notice of the intent to seek a Certificate of Compliance from the Commission. Mr. Robert Jones Date i Chairperson, Cape Cod Commission COMMONWEALTH OF MASSACHUSETTS Barnstable, ss ` _,2008 Before me, the undersigned notary public, personally appeared Mr. Robert Jones, in his capacity as Chairman of the Cape Cod. Commission, whose name is signed on the preceding document, and such person acknowledged to me that he signed such document voluntarily for its stated purpose.. The identity of such person was proved to me through satisfactory evidence of identification, which was L] photographic identification with sign at e issued by a federal or state governmental agency, L] oath or affirmation of a credible witness,or Lt personal knowledge of the undersigned. My Commission Expires: Circuit City Limited DR] Decision #TR 07020 February 7,2008 Page 27 of 28 . 4 4 CERTIFICATE OF COMPLIANCE The following is a list of those Conditions listed in the February 7, 2008 decision approved by a vote of the Cape Cod Commission for the Circuit City retail store to be located on 624 and 640 Iyannough Road in Hyannis, MA(project number TR 07020). Preliminary Certificate of Compliance (conditions subject to satisfactory compliance prior to the Town of Barnstable issuing a building permit)include: Conditions G9, G10, CC1, CC4, CC5, WR3 and Tl. Final Certificate of Compliance (conditions subject to satisfactory compliance prior to 'the Town of Barnstable issuing an occupancy permit)include: Conditions EDI, ED2, ED3 and T2. i 1 i Circuit City Limited DRI Decision #TR 07020 February 7,2008 Page 28 of 28 Rooms,,Rhul From: Shea, Sally Sent: Tuesday,April 08, 2008 2:47 PM To: Roma, Paul Subject: FW: Circuit City -----Original Message----- From: Lt. Don Chase [mailto:dchase@hyannisfire.org] Sent: Tuesday, April 08, 2008 11:03 AM To: Perry, Tom; Shea, Sally Subject: Circuit City Hi, � Received new plans, including site plan, for the new Circuit City on Iyann. Rd. It appears that the building has now moved south towards rt. 132 to accommodate the parking in the rear issue. Just had a few questions for the plans people which I will address via email. I will copy you on that note. Received plans for sprinkler and fire alarm. Pk for permits. Thanks Don Lt. Don Chase, FPO Fire Prevention Officer Hyannis Fire Dept. dchase@hyannisfire.org Perry, Tom From: Dean Melanson [dmelanson@hyannisfire.org] Sent: Tuesday, May 20, 2008 9:23 AM To: Shea, Sally; Perry, Tom Subject: Circuit City Demolition Good Morning, Hyannis Fire is OK with the demo plan for the two buildings on this site and is also Ok to issue a building permit for new construction. Deputy Chief Dean L. Melanson Office 508-775-1300 - Fax 508-778-6448 . dmelanson@hyannisfire.org 5 . 1 • ry TOWN OF BARNSTABLE CHECK REQUEST DATE: - 11/21/2008 REASON FOR CHECK: Refund For Application #200804890 DEPARTMENT: Regulartory Services/Building Department MAIL CHECK: X Hold Check Pa To Vendor No. Account No. Amount Construction Management&'Builders, Inc 38850 016301433150 $1,820.00 TOTAL CHECK AMOUNT: $1,820:00 • APPROVED BY: Thomas.Perry f , 6 Kimball Lane. t.781.246.9400 Lynnfield,MA 01940. f.781.246.9401 October 29, 2008 Mr. Thomas Perri' Building Commissioner Town of Barnstable Building Department t °? 367 Main Street Hyannis, MA - 02601 n RE: CIRCUIT CITY s 624 IYANNOUGH ROAD HYANNIS, MA .. Mr. Perry, Circuit City has elected to not fixture the store located at`624 Iyannough Road. I request that fixture permit#-------- be rescinded and permit fee of$------ be refunded to cm&b Inc. Sincerely, cm&b, Inc. MA waver�� � Mark Weaver Project.Superintendant CX? r Construction Construction Management Planning www.cmbteam.com e 35 il I MLOL& so 0 Y N �:.; N ♦.i 'Ud +i' .j.,t - _ e: 3�x�::Y � I��'' `[- '� Ill w:: I e �:. 'G 51%" e :I ,+ '1 r ��s i•i -� i }, TOWN OF BARNSTABLE I - M Illon Trust 6 New England N q E53T, 292 pl I I r �+ ' A t c SHE ip� Everett MA 02i149 1137III FINANCE'DEPARTMENT n frI 22332a 230 '' + I, P,'. '� ' ^� ' '1 I II ,1 '� CHECK ;� 71-5 3 SOUTH STREET , •.snxxsina�e HYANNIS MA7 02601AASS v� 16 9. .m� TEL:508.862-46531 II' ' 1 V.` + I I x F I;a .piFU.Mp'�A ;FAX 508 790 6224 i. ` -E�' -°` - 1 -�,: M ,i�Au µ 'I� ' I � :I II -� W{♦ 1 � ,� W'S ONE THOUSAND'EIGHT HUNDRED TWENTY DOLLARS EXACTLY *f;;'rCheckDate� tChe k AmoUnt�?_ �, `12/04/2008, - - -'To THE,ORDER of CONSTRUCTION MA 81 NAGEMENT 'BUILDERS *�''j c VOID AFTER 90 DAYS M 6 KIMBALL LANE "LYNNFIELD MA 01940 r y 1 � , �* ���•�rt� �' ���2x� I I , III ? S37L9111 I:0 .1 .,13029201�: I'm 22332aiig �TQNVN O �BARN51`ABLE > ,ra.... :� r°t`�£� � ,�.,;. INVQICE INVOICE .,,, - � :NET INV®IC5 F" PURCHASEa e� OORGANIL4TION ; fNVOICE DESCR'IPTIONx �� ^ 3 n DATE� �r;�NUMBER � x- ,. VA. Tf .. .,. AMOUNT,.: PtlORDER# ,< NUMBERP 11/21/2008 48530 REFUND/FIXTURE PERMIT HOLD/BLD $1,820.00 016301 -433150 . h -. a 1r ��y. I VENDOR# £VENDOR NAMEa C:HECKAMOUNTmCHECKDATE CHECKNUIVIBERI .. . 38850 CONSTRUCTION MANAGEMENT & BUILDERS I $1,820.00 12/04/2008 753719 REMITTANCE ADVICE-ATTACHED IS OUR CHECK IN FULL SETTLEMENT OF ITEMS SHOWN HEREON. IF NOT CORRECT;PLEASE RETURN WITH EXPLANATION. Town of Barnstable Finance Department 230 South Street Hyannis, MA 02601 Tel:508-862-4653 Fax:508-790-6224 - _ GGCC �dCD o n • l irw.. �� 4~ 3 ix� � t� � �'��� �`�AN�1 � `V�iu��.•: ��$' �DJ�iJ � - l.4't - r. M5 MAIN STREET o 1P.,6 BOX 226 = 1 t f _,;`_ � ,a` " 3 •� a���.y BARNSTAkE, MASSAC-HUSETTS 02630 `g YGRO. ' !WM**DEMENT D , 4 e .x CAP§E COD (508) 362-3828 m. :Fa 5'08)362 3f 36. •` ,wwwca"p 8&;CCmm!"ian org '"' CQ�M:f SS�Qjv i M fi Date: ,4 January 3;,Y 12 Attorney David V Lawler,PCx ��' , T I , 540 MamrStreet,Suite 8 z t D k tiHyannis,MA ,44E Iy c � ri r e - ,4' }x ' � + � �};� r.b'y"'�.� ��+ ,;•"- i. .� ,�` Ty� .�k�, ��,,.��tk f� �.w t � �.cr'. FTOm:' ,;Cape Cod,onmli on�, t �� s 3 r� s� `{� ;'; , ...r. ..•: Re: #Modification to a Change of Use/L'imited DItI decision-x i r }4 �t 4 Fry ProjectApplicant = ` '5MDMxRealty Trust and Star,NomineeiTrust ': ,t D = 4 Property Owners t MDM{RealtyyTrust and Staff Nominee Trust 3R 24% Project: 'Circuit.City'RedevelopmentProjedt - } �•-:`� t ;r stiff' * �#x*� f -s`,,.s sa``+e. - .. t Location °'* t 624 and 64'o'lyanno igWRoad,Route z324 § v '. ,>��•tHyann s,.'Massachusetts o26oz. = " . . ° >.w � ,m ,. ak % t r ProjectNuniber. TRo702o Book/Page: _{"a5490/9.7 (StarNorrinee�T'rccst): n t° ' i I 1VIap/Parcel. '. ,r ;311/12`_arid 3il/13 r � " .., , r 'MDMRealty.Tricst=, " k � • , .g Lot/"Plan: ; . Lot zo 'Land Court>Plan'2"5266D ,�:� • _ _ '$ k, 'Certificate of Title Number,165053 Al DECISION OF THE CAPE COD.'COMMISSION y Background__ The Cape Cod`Commission(Commission).approved the constrachon of a 22 475 square foot liuilchng`as Limited Development%,: Regional Impact(DyRT)with conditions in a decision = c a r'`eiidere'd on Februaryry,2008 The building was°to be occupied bythe electronics retailer; Circuit City The redevelopment project consisted of the demolition of two existing:buildiigs •with a combined square footage of- o,61a square feet located on a,2 53 acre parcel at 624`and 640 Iyanough Roadin Hyannis The"site-had been'.occupiedby an existing;4,00'o=square-foot: office blzilding most`recently occupredby Rogers&Gray-Insurance and a 6, 6o=square=foot Star City Grill. The two buzildings.;were'demolshed`arid replaced with the.bnildirig to`have been used , ldelim , dby.Circuit City Site changes inc n 3 e landscaping,:enhanced:storm water management and:'drainage,and an increased landscape buffer along Route�ig2 The site..is zoned HB"Highway Business;-and is located u a_ ;:,�� s:� y- Groundwater Protection District per Barnstable regulations and a Wellhead Protections :a , 'District/Zone II per the CommissionRegianal Policy'PlanFrnaps, "Me'o-ppnal'February 2008 decision was modified in.4/28/08,which allowed the properties at o and:545 Iyannough Road,wlu'ch waspart of the required Transportation mitigation,to be ,x ,_., used.on alimited basis forseven(�)`parking,5pacj$$ , "The project was granted a`Preli,ninary"Certificate of Compliance dated 5/20/08;and was t^� . constructed: Circuit Citynever occupied the buildmg'and a Final Certificate of Compliance was neither sought nor received by the Applicantr �. ' The Prehminary Certificate of Comphance notes the developer at the time.of the2'oo8`'Limited. ` DRL;decision,Berkshire;.comphed witti„conditions CCi,CC4;CCS WR3 and Ti of the 2 Umited DRI decision,as amended 4 The then developer also<paid mitigation as:;required by `1 `condition=EDz although it`is required as:part of the Final Certificate of"Compliance..: Modification Request =:On 12/2/13;the.Cominisson received arequest by AttorneyDavid, Lawler,`representing the_ property owners,to modify the Circuit'City decision;to allow additional onsite uses including Specialty Retail,:Health C1ub,:Geieral Light Industrial,=Busuess Park,General Office and- Educational%Vocational„TramingCenter. Bey n�'Y.. j SdIdlot and Modification Tomes ..x, sihbRiCoisSection i3(aj( o hem ah ; M 'provides than' a an Applicant_;".who has obtained a favorable decrston from;the Corrimission,or.a successor in`, interest to a favorable and traiisferalite Comm assion,Aecisio, may apply fora_decision }modification. Section 13(c)of the Enblg lations the m rainReguwo:Ute n Modification Type as"a substantially similar proposal;to the original protect but involves;a , minor Change of Use,a minor change to the site p�ari,or a*srnall,bhange'to the,findings or a°k . `-condition of the original approval which does not affect the4ntent or outcome of thefin ding or condition: The Enabling>Regulations:also state Minor Modlfication Ipe#z"shall.notresult in d fferentor increased mpactsao the,qyr,e�syources protected by the.Act<=and/or'the RPP:"<i =, 4 A Minor Modification Type#2 is governed by the Regional P:ohcy Planiri effect at the time of the �..e original Commission approval -. Determniataon.on Modification Request rThe+Commission's+Regulatory Committee heard the Apphcant's regiiestto`modify the Circuit City decision at a ireeting«on4z/ 2/li At thatmeeting,the.=Commtteevoted^unanimously top =find that the Applicant's reque°st to modify the;Circuit City decision=to allow additional onsrte Fuses including Specialty Retail,<Health Club,General:Light;I idi str al,Busmess Park,General `Officeand Educational/Vocational Training Center was a Minor Modification Type 2 according } ;to the°Coirrission'sEnab'ltngGRegulattons 4 v i4 g u ckHF � Circuit City TR O7o2O a F a< } 1Vlinor Modification Type 2 1/3/12 Addit onAllses;Allowed Page 2 of:4.. # x t < A 1 el ChangesAd DRI Decision .t �3.��� �� ����°�«� �� �� ���T� "v :Based on the Regulatory Committee's is/ 2/ii vote;thesfollowing changes ae made 2/7/o8:Limited DRIetecWon;as,amended. Text deletions are'shown.instrikeout Newaext shownin bold: if > }ter CONDITIONS General Conditions 't G�. Prior to issuance;of a buildinglpermit;the apphcarit shall:obtarri a.preliiimary Certificate of Compliance from&Comm ssron,that states all conditions rri this deersion pertaining to issuanee of-a building permit ha�e:beeri mfet.WOr bz receiving a permanent or'temporary Certificate{of Occupancy for the proposed<pro�ect,the applicantand/or each tenant shall obtain a final Certificate of Compliance from the Comrriissron Unless otherwise'stated in this. decision,the projectahall be_constructed in accordance wrth final plans listed in this decision in-' Condition G5`and.all conditions o 1ffi decision shall lie met prior'to'issuance of a Final `. ` ' Certificate of Gomphance The.pro�ect and%or any,tenants shall not be open for,busyness unttl a Final Certificate of Compliance rsr'ecervecl from:the Cape Cod +r)i e'' ; Commission.. f ;,. )-.; s4:; c GCS `°Prior t®#iss`nuance by the':Comnissxon of a Fuial Certificate of Com Nance a ,-.gyp r ry fit ` and prior to the issuance of a'Certificate of Use/,.Occupancyfromthe Town of ya nA BarYistable;the Applicant aricl/or any tenants shall submit for Commies"aonistaff review:and°approval in ormation.that.describes the proposed liu idirig-tenant or. tenants so that eonformance`with.the.February 2oo$'Luruted-DRI decision, as amended,can ue determined sand,ensured. • , F Economic Development Condiaons EDg Prior to the issuance of a Final Certificate of Compliance,and again.one O year from; the date of issuance ofthe Foal Certificate of Co mplianee,_and for;aperiod offive (5)years from the;date;of issuance of the:Final,Certificate of Compliance,the Applicant and/or ay tenants shall provide a report`to the'Commission detailing the`.number of new, the positron titles,wages;and benefits paid fiy{ for each.position the number of loeai i;endgrs used;for whaf the vendors were used,and the total annual valueof tliye transactions with each of the local Vendors es�tans=fified"' i rt LL + FL{ .L.' i nn r L C. L L d f 11 ... .A .. - . .. ' - .. .. f Circuit City-TR'oo20 Minor Modification TYP /3/ Addtional Uses Allowed Pages3 of 4 s . .' ISSUAN.CE.OFr1V.iODIFICATION<I)ECI�IOIV , . r 4''i " Royden Richardson,RegulatoryCorrimitte6 _hair' Date alf y frs ' a yt f r ' ih r i, U ;d�3 : y# �.; a t g � [ is tr�1*Sc 4 `Yrf':'•, �� X% 1 �� Ida sXK r aR L a e; R �g%A A t a� aT# "A'It COW rTWE .TfI OF MASSACHUSETTS,q� -zv ; ' Z }* cti4 ixf ,a5•p k_f.� -Barnstable;ss1W. Wl 9Iii {� k F T„r.f z 7xr miLak Q. Before:me,the,undersignedvotary public,personally appeared *w .alp pia FT . � tf t [�lCe -LS©!2> ,in lus/her capacity as Chain of the: ` Cape Cod Commission's Regulato"ry Gomrruttee whose name is siged on'the preceding "i s a . document,and such person aclu9wledged to me that�he/she signed such documentvoluntarily for;its stated:>purpose The;deyy nhty of such person was proved to me�through satisfactory . y evidence of identification,which was U photographic 4dentificam, with signature issue y,a federal or state governmental agency, affirmation of a crechble witness,or[ '' personal lmowledge.of the undersigned ' i. s* r , E. ",Aix .; t *;: 7 Notary Pubhc' t My. - mmiss ion Expires t ' , a "....y � `.y Co i,1'�'.Ys .M,.,s •:>s ,3 4S' _ i$ $t €� a t All Kl Q xzr: yi::z TM �c r ae. t; r r:'.' x -. *a,ty`+ '��.�'#t s ; �'•'.e%,a'♦1 ',:4s, s't - P H/WLEY # ...,. of 1" # ,at# a CQMM4sJVFALTH OF MA8SAC6TT8 S„.a .,e { ..a�;.iaT -!• �^ to i �#{«. 6• # Ct r s r = 'aa g Df'" a,"R"�:t �'S+ Y Circuit City TR;o7o20': Minor.M:odifeation Type 2 i/3%i2 . A,dditional;Uies Allowed Page,4 of 4: ` i' « _ •.+. � r !4 w .+- i fix. �'- h � 'JAA�-'{i"�'b�11r.�'e�% `re �.q r�+y}.�,Y' �2:t.. 3225 MA!N STRE.ET e PLO BOX 226 t " " , ;u ,,< BARNSU -t-, MASSACHUS;ETTS a `GRC}WTM`<MANAGEMENT $a CAPE; COD: 3 1 Y f g (508)'362-3828 Fax(508) 3b2 3136 .a wwweape£codcommission org�� b, ;`'' CQ�M:fSS�Q�;. . -Date; , : 'January `412,b i2 w'4 .q, - f :�_ !" } y 4} -r ' 7+k 1 i 1 ff^• E} +,:1°�' '1'1'.F 4 To. Attorney David V Lawlei,P.Ca a `54o Main Street,Suite 8 �, �R ,i nh•= } t ` zfi 3Hyanris,MAbo26oi eta 41 From: Cape Cod Commission i Re: Mod ficatioi`to a Change of'Use/Lin ite,DR decision= a � � c Prolect Applicant:: ' yMD1VI Realty Trust:and Star NomineeTust , x `4 Property OwnersMDM RealtyTrust and Star Nominee Trust } aa; r r x Project: Circuit City-Redevelopment Project Location::' ,I 624:and 640'Iyannough Road, Route 132 y . yannis,Ma+SsagChlls 2601 K- Z'c#rxP°<lp;i" .. �� 1b�' } 4 drryry S, p E qa f vi"':n:.a b t ✓Yg'�• Project Number: "TRo7020 Book/Page. 549a/97 q 41 1VIap/Parcel . i z'43- tv 2 andg3l /i3 •¢ t�: _ � .� ,, R s� -41 g.: si tMDIVI`Realty Trust"` Lot/Plan: Lot io, Land=Court>.Plan a 66D !Certificate of Title Number iff85fi3 DECISION OF THE.CAPE_CO V. D COMMISSION ' background t # ,$ Ord rpa `<vvc r ate" z The Cape Cod Commission(Commission}4pproyed the construehon.0- a,,22 47 square foot l ilding-as Limited Development o£'Regional Impact(D'RI)with conditions=in a decision3#,a : rendere`cl on February.'P 20o�8{1Tli'erbuildirig was.to be occupied by the electronics retailer; �� , ` C rcuit'City The redevelopment pr,"o�ect consisted of the'demolition dtwo em g builds K with a combined square footage of p,6lo quarg feet located on a 2.53 acre,:pareel at 624 ands 64o Iyannough Road;in Hyanms The site`hadbeen_occupiedby an existing,4;000=square_foot;: office building;most recently_occupied by R6li_gers:&Giay�Ih8u arice and a 6;a6o-square-foot Star. ;. City Grill. The;two buildings were;demol shed and replaced with the building t6have.been used by Circuit City Site changes included elimination, f one curb eut;along Route.,i32,enhanced la dsc ipmg;enhanced storm water management and:drainage,and an increased landscape;; buffer-along Route�i32 The site.is zoned H'B Highway Business,:and islocated in a:* q w rR Groundwater,.Protection District:per Barnstable regulations and a Wellhead Protection District/Zone II perrthe Commission RegionA'Policy plan maps The;original'February 2008 decision was modified ui 4/28/08,which allowed the properties at o d 545 Iyannough Road,which was part of,fM required Transportation-mitigation,ato be,i= €; used on a limited basis for even.(7)parlang spaces t The project vvas g'r.anted•.a Preliminary Certificate of Compliance dated 5/2'0/08 and was ,.i _, constilicted: Circuit Cifiy never:occupied the building,`and a Final Certificate of Compliance wasa _ neither sought nor received by the Applicant The Preliminary Certificate of Compliance notes t 'e,debeloper at theFtune of the=2oo8 Limited` DRI;.decision,Berkshire„compliedwith;conditions CCi,CC4�CCS,�VIZ3 andTi�dthe 2%7/08 sLimited DR'decision,as amended The then developer also::paid`mitigation.as required by, e condition-EDi although it'is requ red,as part.ofahe Final'Certificate`of,Compliance.:.: .A Modification Request. On 12%2/ii,,the.Commission reeeved=a request by Altorney,.DavidsV�Lawler,:representng the- property owners,to modify the Circuit City decision,;to allow additional`onsite uses including Specialty Retail,Health Club,General Eight Industrial,Business Park, General Qffice sand _. _. Educational%Vocational"na,ming,,Center, Jurisdiction and:Mo"imtion Types Section i3(a)(i)of the Commission's Enabling-Regulations(revised Mardi 2oi }.provides that' an Applicant"who has obtained a favorable.deciston fro»i'the Corrimissz.L or a`successor in; interest to:a favorable and,transferable Commission<deeision,_may apply fora°decision imodification." ;Section i3'(c);of theEnabhng Regulations sets the types of DRI;modfications AM nor Modification Type'; 2 as``a substantially sirnlar:proposal to the original project but involves a .minor Change of iTse,a minor change;to the site plan.,or,asrnall;thange to-,the findzngs,or, u, condition of the original approval which does not affect the-mtent'or outcorrie of the finding ort condition:" The Enabling Regutations;alsostate Minor Modification Type#2"shall not result, in different or increased impacts to the.resources protected by the,Act (and/or the RPP A Minor Modification'I *pe#2 is_goverried by=the Regional Policy Plan in effect at the tiriie.of the" original Commission approval ...;,- Determination on Moi ificat on.Request,, ?` The Commission's`Regulatory Committee heard the Applicant's request to modify the Circwt City.decision;at ameeting on i2/ 2 jll At that ineetiug,the,,Commttee voted uianimausly to find that the:Apphcant s requesteto mod fy5the CirctutrCity,decision to all'gw additional onsite =uses including Specialty Retail,Health Club,General bight=Industrial,Business Park,General ';Office and Educatioial/Vocahonal Training Center was a Minor Modification Type 2 according to the„Cominission':s Ena, ng�Regulations „, E r= rot- t � � ,Circuit Cify TRo�o2o E x:d .. ;. -1Vhn r M'>difi ti - . ..o ,.ca.onType2,. .iJ3/12 ,. AdditionalUses.Allowed`' Page 2 of,.4: Changes`to DRI Deeisioi zt� 't> 1cc s z en lat CBasedo ommitte 's is,a2 ii Vote,the-follown 'clan es are made to they : 2/7/o8 Limited DRI decisi , ende&£ Tex ,deletore-s w is shown: n bold.: j CONDITIONS -. y General_Conditions. " - rss' z trwE ar ; A }` G7 Prior to issuance:of a building permit;the applicarit 4akobtam uninary Certificate,of Compliance:from the Commission that states all conditions in this deeisionpertairiing to Q a . a r: .: issuance of:a building,'permit have been rnet Prior to receiving a4peririanerit;or temporary ' Certificate of occupancy for the proposedprojecf,,the apphcari't and%or each tenant shall '- obtain a final'C&dficate of'Complia'nce from the'Coriimissi n Unless otherwise stated in this` decision,the project shall be constructed iIi accordancewith final plans listed in this decision in Condition.GS and all conditions of'thisrdecision£shall be;met prior to issuance of a;Final 'C. rf6 sate of nants shall not be open'forbusiness`unhl a Final Certificate�of Compliance isreceivedfrom=the ape,,Cod ' ,Commission. ` , G,. S - ^+ y_. p; * .:AjTY3'F GCa1 Prior`to-issuance by e th �aiin ioin of a Firral;Certificate of Coitiphance,x ' and prior to the issuance of a Cerrttficate of Vse/Occupancy from the Town of lBarnstable,'the Apphcat and%or any tenants shall submit for:Commission staff " review and approval information that'describes`the.proposed bi%ldu g.,enam ore . tenants so that conformance with the February:Zoo.$:Limi#ed DR!decision, as : amended,can be determined and ensured:' , . '' Economic.Development`Condions - ED3 Prior to:the issuance of a Final Certificate of Comphance,and again:one.(r)year'from the.date of;issuance' the Fo A'Certificate of Compliance;and for a period of five`; r} = (5)years from tlie�date of issuanceiofthe-Final Certificate^of Cori phance,the,' , Applicant andJor any tenants shall provide a,report"to the Commission&t'a�hng the number-' t' of new jobs created;the positio ntitles,wages,�arid benefits paid for each position; fl thelnumber of jlocal:vendors used,for what the,vendors were used,and the Total annual value`of the transachonstwttli each of the local vendors # ese pe Cir"cult City=TR o�02o b Cape MnorModificatonType'2 3/ /i2; ' A�ddtionah Uses Allowed Page'3 of'4 ` +`•. lam:' .. ., ,� e f n l a+ + + +, R ] + .7 + + y sj Er fen ''' ✓ -;. a a '.-F � ;>:r .<- � A,� — ".=-' ✓ V+ .c d z.�� k�"`xt' �.'. C`3�1', r �$�,.'d,�"`2" - ;- iar.s"N kt ISSUANCE OF 1VIOIIFICtTION,DECISION4 r t r Boyden Richardson;Regulatory Coinrriitte&Chair Date n S 1 - ...x S- t^ IfF'. •7` a.:�,. tip ; 1 r .k>x.k. '43$-3d i'`}- e•.i*gd' g,�{ - a. $nY' 0'; '4'tC - OIVIMOI�T�NELA'- M, OF MgGSACHUSE7['TS �.-.E.•. -c' � -t:.-s :'c;�,$ tf �€• '�. ' t ���'�- �I Barnstable>ss. ' _ ' .. X, f �CtGI . ,20 ' Before_. the undersigned notary public,personally appeared y q a r}t y-32 {;' F t •54� `. .g?. „al.Y 2� <c "Y .3 ycj2t�lcec�So`c: , . ,.in lus/her capacitys Chair of the; is Cape Cod Commission's Regulatory Committee,whose name is signed on'the preceding document,and sucl person acknowledged tome thaf?he/' signed such document voluntarily for its stated purpose The;identity of such person was proved to me through satisfactory a evidence of identification,which was U photographic identification with:signature issue Lyra °federal or state governmental agency,[ ]oath or affirmation,of a credHe;witness,or[-k, personal knowledge of the"undersigned:,K fjVTI*P. �- _ #:ti VI •1_y isp..,q p ?''id€ lip-y� d jg.y t ^f*,7 i fi �y2 i, �•. �x -•.E >� t•. k �,. ,My Commission Expires ' 7;g s �. fi�s,�.e �'s €� '. td ` �.,,l��a��s �������:�f� Y.��r��V µ�/'c��k�"�,r$.�r!'�•-.".,� '1`�,�33�� r •;: t"�.:�� - S f `�'� v•.:'tom HAPtLEY' `# *`� * Notary Pii1c i # 1y f •Q� taro �' f s t COMMOhNEA1TMOFAAABSACF�l1T8 a�'` fy- ry(`.O, S800f1 Exp�f®B o a n4, . .- '':'X'"�' �: -.•,.,,, a,.' ' v 1 dery. fi Circuit City TR o�oao Mnar Modification Type 2 i/3/12 •°��_ Additional,UsesRllowed- „ '. �� - Page_0 4 . • r ; 3225 MAIN STREET P.O. BOX 226" BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION r �TO: Town of Barnstable Town Clerk, Building Inspector,Town Planner, Planning Board, Conservation Commission, Board of Appeals, Board of Health, Chief of Police, Fire Chief and DRI Liaison FROM: Gail.P. Hanley, Clerk of the Commission' . ` SUBJECT: Circuit City Redevelopment Project ' Minor Modification(Type 2)to the Limited DRI.Decision DATE: January 6, 2012 Enclosed please find a copy of a Minor Modification(Type 2)to the Limited Development of Regional Impact Decision for the Circuit City Redevelopment Project that was approved by the Cape Cod Commission on January 3, 2oi2: Should you have any questions,please do not hesitate to contact our office. ►""gyp� F^J ` x A w M 6�A , a� r. k. 3225 MAIN STREET P17v BOX 226 BARNSTABLE, MASSACH SETTS 02630 CAPE COD (508) 362-3828 • Fax (508) 362 M36 • wwwcapec"Fommission.org. COMMISSION Date: January 3,'2012 To: Attorney David V. Lawler, PC, 54o Main Street,Suite 8 Hyannis, MA 0260,1 From: Cape Cod Commission Re: Modification to a Change of Use/Limited DRI decision Project Applicant: MDM Realty Trust and Star No -,Trust Property Owners: MDM Realty Trust and Star Nominee Trust Project: Circuit City Redevelopment Project Location: 624 and 646 Iyannough Road, Route 132 Hyannis, Massachusetts o26o1 Project Number: TR07020 ,. Book/Page: 5490/97 (Star Nominee Trust) Map/Parcel: 311/12 and 311/13 : MDM Realty Trust Lot/Plan: Lot io Land Court Plan 25266D Certificate of Title Number 185653 DECISION OF THE CAPE COD COMMISSION Background The Cape Cod Commission(Commission) approved the construction.of a 22,475 square foot building as Limited Development of Regional Impact(DRI)with conditions in a decision _rendered on February 7, 2oo8. The building was to be occupied by the electronics retailer, Circuit City. The redevelopment project consisted of the demolition of two existing buildings with a combined square footage of 1o,610 square feet.located on a 2.53 acre parcel at 624 and 640 Iyannough Road in Hyannis. The site had been occupied by an existing 4,000-square-foot office building most recently occupied by Rogers&Gray Insurance and a 6,16o-square-foot Star City Grill. The two buildings were demolished and replaced with the building to have been used l by Circuit City. Site changes included elimination of one curb cut along Route 132, enhanced Q landscaping, enhanced storm water management and drainage, and an increased landscape buffer along Route 132. The site is zoned HB Highway Business, and is located in a Groundwater Protection District per Barnstable regulations and a Wellhead Protection District/Zone II per the Commission Regional Policy Plan maps. The original February 2oo8 decision was modified in 4/28/08,which allowed the properties at o and 545 Iyannough Road,which was part of the required Transportation mitigation,to be used on a limited basis for seven(7)parking spaces. The project was granted a Preliminary Certificate of Compliance dated 5/20/08, and was constructed. Circuit City never occupied the building and a Final Certificate of Compliance was neither sought nor received by the Applicant. The Preliminary Certificate of Compliance notes the developer at the time of the 20o8 Limited. DRI decision, Berkshire,complied with conditions CCi, CC4, CCS,WR3 and Ti of the 2/7/08 Limited DRI decision, as amended. The then developer also paid mitigation as required by condition ED1 although it is required as part of the Final Certificate of Compliance... Modification Request On 12 2 11,the Commission received a request by Attorney David V. Lawler .re resenting the property owners;to ni dify the'Circuit`City'decision,to allow additional on-site uses including, Spec ialty Retail, Health Club, General.Liglit IndustriaL,Business Park;:Gerieral Office`and Educational/Vocational Training Center Jurisdiction and Modification Types Section 13(a)(i) of the Commission's Enabling Regulations(revised March 2011)provides that an Applicant"who has obtained a favorable decision from the Commission, or a successor in interest to a favorable and transferable Commission decision, may apply for a decision modification." Section 13(c) of the Enabling Regulations sets out the types of DRI modifications. A Minor Modification Type #2 as"a substantially similar proposal to the original project but involves a minor Change of Use,a minor change to the site plan,or a small change to the findings or a condition of the original approval which does not affect the intent or outcome of the finding or condition." The Enabling Regulations also state Minor Modification Type #2 "shall not result in different or increased impacts to the resources protected by the Act and/or the RPP." A Minor Modification Type #2 is governed by the Regional.Policy Plan in effect at the time of the original Commission approval. Determination on Modification Request The Commission's Regulatory Committee heard the Applicant's request to modify the Circuit City decision at a meeting on 12/12/11. At that meeting,the Committee voted unanimously to find that the Applicant's request to modify the Circuit City decision to allow additional onsite uses including Specialty Retail, Health Club, General Light Industrial, Business Park, General Office and Educational/Vocational Training Center was a Minor Modification Type 2 according to the Commission's Enabling Regulations. Circuit City-TR 07020 Minor Modification Type 2-1/3/12 Additional Uses Allowed . Page 2 of 4 J Changes to DRI Decision Based on the Regulatory Committee's 12/12/11 vote,the following changes are made to the 2/7/08 Limited DRI decision,as amended. Text deletions are shown in strikeout. New text is shown in bold. CONDITIONS General Conditions G7. Prior to issuance of a building permit,the applicant shall obtain a preliminary Certificate of Compliance from the Commission that states all conditions in this decision pertaining to issuance of a building permit have been met. Prior to receiving a permanent or temporary Certificate of Occupancy for the proposed project,the applicant and/or each tenant shall obtain a final Certificate of Compliance from the Commission. Unless otherwise stated in this decision,the project shall be constructed in accordance with final plans listed in this decision in Condition G5 and all conditions of this decision shall be met prior to issuance of a Final Certificate of Compliance . The project and/or any tenants shall not be open for business until a Final Certificate of Compliance is received from the Cape Cod Commission. GCii. Prior to issuance by the Commission of a Final Certificate of Compliance;' and prior to the issuance of a Certificate of Use/Occupancy from the Town of Barnstable,the Applicant and/or any tenants shall submit for Commission staff review and approval information that describes the proposed building tenant or tenants so that conformance with the February 2oo8 Limited DRI decision, as amended, can be determined and ensured. Economic Development Conditions ED3. Prior to the issuance of a Final Certificate of Compliance, and again one(1)year from the date of issuance of the Final Certificate of Compliance, and for a period of five (5)years from the date of issuance of the Final Certificate of Compliance,the Applicant and/or any tenants shall provide a report to the Commission detailing the number of new jobs created,the position titles,wages, and benefits paid by Gifeuit Gity for each position, the number of local vendors used,for what the vendors were used, and the total annual value of the transactions with each of the local vendors.theses positions residents,by Cape Ced s, disabled, elder4y, ciizczizPxvycza.yr ED4. Beginnkig ene year fteHi the date ef eeeupaney for a period of ffixe(5)years, Gireuit City ethef lee-I t -i i i.Reluding the types ef tf aining, number-ef paft time and full fime employees, number pf Cape Cod residents, and the annual dellar-valw,]!"W "y %, Circuit City-TR 07020 Minor Modification Type 2-1/3/12 Additional Uses Allowed Page 3 of 4 Eaeal veiider-pur-ehasing,ineluding the number-and types of vendors being used an ISSUANCE OF MODIFICATION DECISION Royden Richardson, Regulatory Committee Chair .Date COMMONWEALTH OF MASSACHUSETTS Barnstable,ss Jan 0 , 2012, Before me,the undersigned notary public,personally appeared Ro de& W"0_,(&C/ _ ,in his/her capacity as Chair of the Cape Cod Commission's Regulatory Committee,whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was photographic identification with signature issued y a federal or state governmental agency, [_]oath or affirmation of a credible witness,or[ personal knowledge of the undersigned. Notary Public j My Commission Expires: P.HANLEY votary Public COMMONWEALTH Of MASSAC 0JIM TS N!y Com ftsim Expires seplembw 28,2018 Circuit City-TR O'7020 Minor Modification Type 2—1/3/12 Additional Uses Allowed Page 4 of 4 i y a . . �INE , BARNSPABLB, MAS& i6ja N� FO MA'S 0 Town of Barnstable' Zoning Board of Appeals Decision and Notice Special Permit No. 2008-011 Berkshire Development- Circuit'City Section 240-25(C)(1) Conditional Use in Highway Business To redevelop the site with a 23,500 sq.ft., building and use it for the retail sales of electronics. Summary: Granted with Conditions Applicant: Berkshire Development, LLC Property Address: (624-and=640-lyannougH-'Road--(Route 132);Hyannis M'A Assessor's Map/Parcel: Map 311, Parcels 012 and 013 Zoning: Highway Business, B Business, Groundwater& Wellhead Protection Overlay Districts Relief Requested and Background: In Appeal 2008-011, Berkshire Development LLC sought to redevelop two parcels fronting on Route 132 with a 23,500 sq.ft. one story Circuit City electronic retail sales building, parking and associated site improvements. The property is zoned Highway Business for the first 300 feet abutting Route 132 and the remaining rear portion of the property is zoned Business B. Retail sales is a use permitted as- of-right in the Business B Zoning District. However, it is a Conditional Use pursuant to Section 240- 25(C)(1) of the Zoning Ordinance and requires a special permit from the Zoning Board of Appeals in the Highway Business Zoning District. This application was submitted requesting the conditional use special permit. The parcels are addressed 624 and 640 lyannough Road (Route 132), Hyannis, MA and are developed with a 3,996 sq.ft. office building and a 6,160 sq.ft. restaurant building. The site was formerly occupied by Rogers & Gray Insurance Agency and the Star City Grill. The two lots total 2.57 acres and front 296 feet on Route 132. The proposal is to demolish the existing structures on the properties and unite the two lots as one for the purposes of zoning and redevelopment. The new structure to be built measures 200 by 148 feet overall and measures 30 feet to the highest plate and 35 feet to the highest roof ridge. Two site plans have been initiated for the development. One sites the building 100 feet off Route 132 in conformity to the required front yard setback off that roadway. A second plan sites the building 45 feet off Route 132 and would require a variance from Section 240-25.E Bulk Regulations, Minimum Front Yard Setback off Route 132. That relief was requested in Appeal 2008-010. Town of Barnstable—Zoning Board of Appeals— Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Development ° b � cW The plans propose 111 on-site parking spaces. Approximately 12,139 sq.ft: of the parking is to be on pervious pavers. The lot coverage by impervious surfacing is approximately 59.5%. The property is in a Groundwater and Wellhead Protection Overlay District. That overlay district limits the amount of impervious site coverage to 50%. The applicant has submitted Appeal 2008-012 for a special permit for the alteration/expansion of the nonconforming impervious lot coverage. This decision is that of Appeal 2008-011 that seeks the Conditional Use Special Permit. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 19, 2007. On April 10, 2007, the Zoning Board of Appeals notified the applicant's attorney that the Zoning Board of Appeals has suspended its time frame for processing the application as the development was referred to the Cape Cod Commission as a Development of Regional Impact (DRI). In accordance with Section 6 of the Enabling Regulations governing DRI reviews, a municipal agency's review of a pending local development permit is suspended for that time period from the point of referral to the final Commission decision being rendered. The Commission rendered the Development of Regional Impact Decision on February 7, 2008. A public hearing before the Zoning Board of Appeals was duly advertised on January 25, 2008 and February 1, 2008, and notice sent to all abutters in accordance with MGL Chapter 40A. That requirement was extended by the Enabling Regulations governing Development of Regional Impact reviews adopted and amended pursuant to the Cape Cod Commission Act; Chapter 716 of the Acts of 1989. The hearing was opened February 13, 2008, continued to February 27, 2008, and to a special meeting of the Board on March 4, 2008. At the duly posted March 4, 2008 special meeting of the Zoning Board of Appeals, the Board found to grant the Conditional Use Special Permit subject to conditions. Board Members deciding this appeal were, Ron S. Jansson, James R. Hatfield, Jeremy Gilmore, John T. Norman,- and Chairman Gail C. Nightingale. Attorney Michael D. Ford represented the Applicant before the Zoning'Board. At the regular scheduled meeting of the Board on February 13, 2008 the appeal was opened and continued to February 27, 2008 to allow the Board time to review information that had only been recently submitted to the file and to provide time for staff review and input. At the February 27, 2008 continuance, Board Members were assigned to the appeal and Attorney Ford summarized the history of development and .use of the subject lots as well as the location. He presented the plans for the redevelopment of the property noting that the plans had been before the Cape Cod Commission, during which the Town, through the Growth Management Department, weighed in on the proposal, and the plans now before the Board is the outcome of the Commissions review and its Development of Regional Impact Decision. Attorney Ford noted that the Commission's review, although limited, has a number of conditions all of which assured the development would be compatible with the location, in terms of Community Character, Economic Development,.Transportation, and Water Resources. He noted that the plans and proposal are in compliance with the minimum performance standards of the Regional Policy Plan and consistent with the Local Comprehensive Plan. Details of the site layout and architecture of the building, on-site stormwater, traffic analysis, water and sewage flow reduction were presented. 2 Town of Barnstable—Zoning Board of Appeals— Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Development S37: The criterion for the grant of a conditional use permit was addressed. Attorney Ford indicated that two plans have been drafted at the request of the Commission and Town. One, the preferred plan, sites the proposed building 45 feet off Route 132 and the other conforms to the 100 foot setback. Attorney Ford noted the proposed mitigation that included the applicant's commitment to 50% of the cost of land acquisition in the neighborhood, and contributions to the Barnstable Housing Authority for affordable and workforce housing, Cape Cod Community College for workforce training, and equipment to the Barnstable School System. During the hearings, Mr. Randy Hart, Transportation Engineer with Vanasse Hangen Brustlin, Inc., and Mr. Steven Chouinard, project Engineer also with Vanasse Hangen Brustlin, Inc., gave testimony on the redevelopment. Ms Patty Daley, Director of the Town's Growth Management Department, spoke in support noting the applicant had worked cooperatively with the Town and Commission and that the extent of mitigation will off-set impacts from the development. She also stated the reduced front yard setback was supported by the Town as it is the preferred pattern of development since it encourages all parking to be located to the side and rear of the structure, creating a landscaped front yard to the roadway. Public comment was requested. Attorney Ford submitted a package of 28 letters that had been submitted to the Cape Cod Commission in support of the redevelopment. No one spoke in opposition to the request. The Hearing was continued to a March 4, 2008 special meeting of the Board. The meeting was called only for the purpose of rendering a decision on the appeal. For a more comprehensive summary of the testimony given at the public hearing, Board minutes have been filed with the Town Clerk's Office. Findings of Fact: At the hearing of March 4, 2008, the Board'unanimously made the following findings of fact: 1. The subject property (the Property) is comprised of two separate lots, addressed 624 and 640 lyannough Road (Route 132), Hyannis, MA. The lots are shown as parcels 012 and 013 on Assessor's Map 311. The two lots total approximately 2.53 acres and are to be used as one for the purposes of zoning and redevelopment: 2. The lots are presently developed with a.3,996 sq.ft. professional office building and a 6,160 sq.ft. restaurant building, last licensed in 2005 for 202 seats total. Most of the Property is zoned Highway Business with a small area to the rear zoned Business B. Office use is a principal permitted use allowed as-of-right in the Highway Business District. The existing restaurant is a legally created nonconforming use in the district as it dates to 1963, and predates the rezoning along Route 132 to Highway Business. The restaurant has the benefit of Special Permit No. 1984- 69 that allowed an addition to the nonconforming use and authorized a maximum capacity of 300 seats. 3. The Property is also located in the Groundwater and Wellhead Protection Overlay Zoning Districts. Those districts were imposed in 1987 and overlay the underlying zoning. The overlay district regulations, in addition to prohibiting certain uses and the storage of hazardous materials, imposed limits on the extent of impervious coverage of a lot. The current use and development of 3 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Development a the lots predate adoption of groundwater protection and the lots do not conform to the 50% maximum impervious lot coverage. 4. The office lot, 640 lyannough Road, is owned by MDM Realty Trust and the restaurant lot, 624 lyannough Road, is owned by Star Nominee Trust. Berkshire Development, LLC (the Applicant), is a Massachusetts limited liability company and Manager to Berkshire-Hyannis, LLC. Berkshire-- Hyannis, LLC has executed a Ground Lease with the owners of each lot. Copies of the Leases have been submitted to the file for proof of standing. The initial term of each lease is 20 years with the option to extend them for 12 additional terms of 5 years each. 5. The Applicant is proposing to demolish the two existing buildings on the Property and redevelop the 2.53 acre site with a new one story, 23,500 square foot retail sales building, parking and associated site improvements. The site is to be occupied by Circuit City, Inc., an electronic "superstore" retailer as the sole tenant of the property. Plans for the redevelopment have been submitted. In addition to the redevelopment site, the Applicant has agreed to assist the Town of Barnstable in the acquisition of two lots that abut the Airport Rotary at the intersection with Route 132 —the Off-Site Mitigation Property. The two lots are the former 266-5eat, nonconforming "Chili's Restaurant"' addressed as 545 lyannough Road and the accessory employee parking lot addressed as 0 lyannough Road. The restaurant closed on September 15, 2005 and has been vacant since then. The Zoning Ordinance defines abandonment as non-use of the property for three years and therefore the restaurant still has nonconforming rights. The two lots total 0.95 acres and are in the same Highway Business and Groundwater Protection Overlay Zoning Districts as the redevelopment property. 6. The proposed redevelopment has been found to be a.Change of Use as well as a development that exceeds 10,000 sq.ft., and triggered a review as a Development of Regional Impact (DRI) by the Cape Cod Commission. The Commission's DRI review was a limited review to issues of Community Character, Economic Development, Transportation, and Water Resources. On February 7, 2008, the Commission issued its DRI Decision with conditions. 7. The proposed redevelopment has also been reviewed by the Town of Barnstable Site Plan Review Committee, and a site plan approval letter dated February 11, 2008 has been issued with conditions. The site plan approval satisfies one of the three prong requirements of Section 240-125.0 for the grant of a special permit. 8. The Applicant has indicated that they desire this redevelopment to be an asset to the community and an improvement over the current uses of the Property. To this end, the Applicant will be making a contribution of$30,000.00 to Barnstable Housing Authority for affordable and workforce housing, $30,000.00 to the Cape Cod Community College for workforce training, and $10,000.00 worth of equipment to the Barnstable School System. The contributions are a part of the terms and conditions of Cape Cod Commission DRI and are incorporated by reference into this decision. 9. Appeal 2008-011 is before the Zoning Board for a Special Permit pursuant to Section 240-25(C)(1) Conditional Use in the Highway Business Zoning Districts. The Applicant seeks to redevelop the Property for the retail sales of electronics. Section 240-25(C)(1) authorizes uses permitted in the Business B Zoning District to be located in the Highway Business Zoning District by the grant of a Conditional Use Special Permit from the Zoning Board of Appeals. Retail Sales is a permitted use in the Business B Zoning District and therefore the Board is authorized to grant a special permit. 4 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Development ; 10. To grant the Conditional Use Special Permit requires findings to support that the use does not "substantially adversely affect the public health, safety, welfare, comfort or convenience of the community." a. This is a business and commercial area of the Town with many of the uses along Route 132 serving Barnstable County and the Cape Cod region. The Cape's major retail malls.are in close proximity, as are other freestanding"superstores". Most front on Route132. This area is identified in the adopted Local Comprehensive Plan as a Growth Activity Center. That designation encourages this area as a regional shopping and commercial area. The site is served by pubic water and public sewer. The location of the proposed retail store at this site can and will be adequately serviced by public utilities and town services. It is also compatible with the overall established land use patterns and the redevelopment is consistent with both the adopted as well as the recently revised draft Local Comprehensive Plan. b. The proposed redevelopment and off-site mitigation will reduce demand for public water and reduce wastewater flows to the Town's Wastewater Treatment Plant. The two restaurants, with a possible total of 566 seats, represent a wastewater flow of 191810 gallons per day. A 23,500 sq.ft. store represents a wastewater flow of only 1,175 gallons per day—a reduction of 18,635 gallons per day. Reduced flows to the public treatment plant are in the interest of the Town as it helps to address the need to extend sewers to other areas of critical concern for nitrogen loading from private on-site septic systems. C. The redevelopment of the two lots as one eliminates one of the existing curb-cuts on Route 132. The proposed new site entrance has been designed as an elongated right-in and right- out only driveway to provide safe egress and ingress to the property. In addition, the off- site mitigation-property will also reduce curb-cuts on Route 132 and Route 28. Reduction and elimination of curb-cuts will improve traffic flow and safety. d. The redevelopment of the Property and acquisition of the Off-site Mitigation Property has been conservatively estimated to reduce traffic flows by an estimated 514 weekday trips and 642 Saturday trips. Peak hour.traffic is also projected to be reduced. The reduction is in the public interest and will enhance safety and comfort of the motoring public. 11. The factors cited support the Board's conclusion that the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or have a substantial negative impact of the commercial neighborhood affected provided conditions and restrictions in the grant of the permit are imposed. Vote was as follows on the findings: AYE: Ron S. Jansson, James R. Hatfield, Jeremy Gilmore, John T. Norman, Gail C. Nightingale NAY: None I 5 Town of Barnstable-Zoning Board of Appeals- Decision and Notice Conditional Use Special Permit No. 2008-011 -Berkshire Development � c Conditions: Based upon the positive findings of fact, a motion was duly made and seconded to grant the Conditional Use Special Permit No. 2008-011 to allow for development of a retail store to be used for the retail sales of electronics, subject to all of the following conditions: 1. This special permit is issued for the two lots, totaling 2.53 acres and addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA (Assessor's Map 311, parcels 012 and 013) to be used as one for the purposes of redevelopment and use as a retail store for the sales of electronics. Notices of the executed Ground Leases to the lots shall be recorded at the Barnstable Registry of Deeds and Barnstable Registry District and proof of the recording submitted to the Zoning Board Office prior to the issuance of any building permit that relies on this special permit. 2. The redevelopment shall be limited to a one-story, 23,500 sq.ft. single tenant building for the` retail sales of electronics. The site shall be developed as per the engineered site plan submitted entitled`"Berkshire Development lyannough Road, Barnstable, Massachusetts" as prepared by VHB Vanasse Hangen Brustlin, Inc., dated February 23, 2007, and last revised February 1, 2008. However, in the event that Variance No. 2008-010, issued to the Applicant for a reduction in the front yard setback to a 45 foot setback from Route 132 becomes final and certified by the Town Clerk, then the plan that shall be implemented in the grant of this conditional use special permit shall be that plan entitled "Berkshire Development lyannough Road, Barnstable, Massachusetts — Site Alternative"' as prepared by VHB Vanasse Hangen Brustlin, Inc., dated February 23, 2007, and last revised February 1, 2008, and referenced in Variance No. 2008-010. The exterior of the building shall be developed as shown on the elevations submitted entitled "Berkshire Development Hyannis, MA"' as drawn by Casco Project Managers. This shall include the exterior coloration of the building. 3. The development permit herein, and shown on the approved plans, shall be considered full build out on the 2.54 acre site. The interior of the :b_ui.lding-shall'be one story only. Itishall-'no_;t be21 expanded-by-the-addition-of in.terior;floors,or,mezzanine areas. The parking on the lot shall not be shared with any other use unless it is approved by this Board nor shall any building addition, accessory building or other use be permitted without approval of this Board. Storage units and/or trailers are prohibited on the property except during the construction of the building, and then only as permitted by the Building Commissioner as temporary, construction-related units and trailers. 4. The Applicant and occupant of the property shall be responsible for assuring that the redevelopment and use of the site is in compliance with, and maintained consistent with, this special permit as well as alf conditions of the Cape Cod Commission's Development of Regional Impact Decision issued.February 7, 2008. If the Commission's DRI decision is modified, the Applicant shall be responsible for notifying the Zoning Board of Appeals Office of that modification for a determination if this permit needs to be modified. 5. The Stormwater Management System, inclusive of the bio-retention basins and first flow to and over vegetated areas, shall not, in the future, be circumvented by the installation of paved areas that would channel run-off directly into the catch basins. No run-off shall be diverted to Town sewers. 6. The requirements of the Cape Cod Commission, as it relates to the acquisition of the Off-site 6 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Developments Mitigation Property and transfer into the Town's ownership, shall be executed. Proof of the transfer of the two lots to public ownership shall be submitted to the Zoning Board of Appeals. 7. Signage shall comply with the Town of Barnstable's Zoning Ordinance. No variance from the zoning requirements for signage shall be issued from the Zoning Board of Appeals and no nonconformity in signage shall be applied to the redevelopment of the Property. Signage shall be substantially represented to the Board in the illustrated building elevations submitted. There shall be no signage added to the exterior of the building, including signage adhered to the surfacing of the window placed there so as to be visible to the outside, signs that display a sale price, and/or pictorial representations of electronics that are for sale. Window display of merchandise is encouraged over signage. 8. The development shall be required to meet all applicable building and fire codes. All Fire Department requirements shall be met, including but not limited to stand pipes, fire hydrant locations and interior building sprinkler system. 9. All on-site dumpsters shall be screened and shall meet all Board of Health regulations. The store shall properly dispose of all waste materials and shall recycle, to the extent practical. As the property is in a Groundwater Protection Overlay District, it shall comply with all restrictions of Section 240-35 except as may be granted relief in terms of lot coverage by impervious surfacing by Special Permit No. 2008-012. 10. The building shall be connected to public water and to the Town of Barnstable Wastewater Treatment Facility. 11. Upon the issuance of a building permit for the redevelopment authorized herein, Special Permit No. 1984-69 authorizing a restaurant use on one of the subject lots, shall become null and void and all rights authorized in that permit shall expire. 12. The Applicant shall install no-left turn signs on Route 132 clearly identifying that the ingress to the property is a right-turn in and right-turn out only. The nature of the signage and location shall be reviewed by the Town of Barnstable prior'to its installation. 13. %e�landscdpi,ng -fia:n-n. aALl be im,plernented; o:r a cashwbon- as determined by thegG-rowth [ � OF - Management-Department—�and�potedhtfie Topnortothe-grant of-an occupancy permit for the store �Thertrees thafffe--tdentified-on�the-plan as-berng-retained shall be retained and iink c rporated i=nzto the la�ndseplan 14. The Applicant shall attempt to secure a pedestrian walkway connecting the Property with the abutting McDonald's restaurant to the west. If the access cannot be secured, the Applicant shall create a walkway from their parking area out to the public way on the west side of the site exit drive. The walkway shall be installed to the specification of the Department of Public Works . The added pavement to create the pedestrian walkway shall not be included in the lot coverage as it is being requested-by this Board for the convenience and safety of the public. 15. In the future, the Applicant shall cooperate fully with the Town of Barnstable in implementing improvements to Route 132. To that end, should the Town of Barnstable determine that added right-of-way is necessary for improving Route 132, the Applicant shall assent to an easement of up to 20 feet wide over the Property as it abuts Route 132. 7 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Development � a 16. The Applicant shall seek Airport Commission approval to temporarily use the back entrance to the lot during the initial construction of the building and site improvements to the Property. Thereafter it shall seek a permanent agreement that the roadway can be used for emergency access. 17. The occupant of the building and/or Applicant shall be responsible for the proper maintenance and upkeep of the landscape and property, including on-site litter control, periodic cleaning and sweeping of the parking lot, watering and irrigation of the landscape, maintaining site lighting, annual cleaning of the catch basins, demarcation of on-site parking and circulation, and on-site traffic signage. 18. The Applicant shall contribute the sum of $5,000 to the Town of Barnstable that shall be earmarked to enhanced safety on Route 132 in this segment of the roadway. The intent of this contribution is to further discourage left hand turning movements. The funds shall be contributed at the time the building permit is applied for. . 19. The lighting plan submitted with the plan set referenced herein shall be implemented and maintained to assure proper safe levels of lighting at the entrance to the site as well as throughout the parking area of the Property. 20. The Applicant shall comply with all conditions and specifications of the Department of Public Works regarding the elongated curb-cut to be installed as the entrance to the Property. It shall not be altered in the future without due notice to the Office of the Zoning Board of Appeals for a determination if that proposed alteration will require prior approval of the Zoning Board of Appeals. 21. The Applicant shall not exercise its rights under this decision until such time as it provides the Building Commissioner with a final, fully executed and recorded copy of the Cape Cod Commission DRI Decision and a recorded copy of this Special Permit Decision. The vote was as follows: AYE: Ron S. Jansson,James R. Hatfield, Jeremy Gilmore, John T. Norman, and Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-011 ha's been granted with conditions. This decision must be recorded at the Barnstable Registry•of Deeds for it to be in effect,and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town'Clerk. Gail C. Nightingale, 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. 8 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Conditional Use Special Permit No. 2008-011 —Berkshire Development � a Signed and sealed this day of under the pains and penalties of perjury. Linda E. Hutchenrider, Town Clerk 9 i BARNSTABLE, MASS. � -3y. prED MPS A 4 Town of Barnstable Zoning Board of Appeals Decision and Notice Variance No. 2008-010 Berkshire Development- Circuit City Variance to Section 240-25.E Bulk Regulations, Min. Front Yard Setback to allow the proposed building to be located 45-feet off Route 132 where a 100-foot setback is required Summary: Granted with Conditions Petitioner: Berkshire Development, LLC Property Address: 624 and 640 lyannough Road (Route 132), Hyannis, MA Assessor's Map/Parcel: Map 311, Parcels 012 and 013 Zoning: Highway Business, B Business, Groundwater & Wellhead Protection Overlay Districts Relief Requested and Background: In Appeal 2008-010, Berkshire Development LLC sought to redevelop two parcels fronting on Route 132 with a 23,500 sq.ft. one-story Circuit City electronic retail sales building, parking and associated site improvements. The property is zoned Highway Business for the first 300 feet abutting Route 132 and the remaining rear portion of the property is zoned Business B. The required minimum setback off Route 132 is 100-feet. The Petitioner presented two plans for the redevelopment; one plan entitled "Berkshire Development lyannough Road, Barnstable, Massachusetts - Site Alternative" proposed the building be located 45-feet off Route 1.32. The petitioner has requested a variance from Section 240- 25.E Bulk Regulations, Minimum Front Yard Setback off Route 132 for the redevelopment. In addition to that relief, retail sales is a Conditional Use in the Highway Business Zoning District and the Petitioner has also submitted Appeal 2008-011 for a special permit pursuant to Section 240- 25(C)(1) to permit the redevelopment and use of the property for retail sales of electronics. The parcels are addressed 624 and 640 lyannough Road (Route 132), Hyannis, MA and are developed with a 3,996 sq.ft. office building and a 6,160 sq.ft. restaurant building. The site was formerly occupied by Rogers & Gray Insurance Agency and the Star City Grill. The two lots total 2.57 acres and front 296 feet on Route 132. The proposal is to demolish the existing structures on the properties and unite the two lots as one for the purposes of zoning and redevelopment. The new structure to be built measures 200 by 148 feet overall and measures 30 feet to the highest plate and 35-feet to the highest roof ridge. - t � Town of Barnstable—Zoning Board of Appeals—Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Development The plans propose 111 on-site parking spaces. Approximately 12,139 sq.ft. of the parking is to be on pervious pavers. The lot coverage by impervious surfacing is approximately 59.5%. The property is in a Groundwater and Wellhead Protection Overlay District. That overlay district limits the amount of impervious site coverage to 50%. The applicant has submitted Appeal 2008-012 for a special permit for the alteration/expansion of the nonconforming impervious lot coverage. This decision is that of Appeal 2008-010 that seeks the Bulk Variance to site the proposed building 45 feet off Route 132. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 19, 2007. On April 10, 2007, the Zoning Board of Appeals notified the applicant's attorney that the Zoning Board of Appeals has suspended its time frame for processing the application as the development was referred to the Cape Cod Commission as a Development of Regional Impact (DRI). In accordance with Section 6 of the Enabling Regulations governing DR[ reviews, a municipal agency's review of a pending local development permit is suspended for the time period from the point of referral to the final Commission decision being rendered. The Commission rendered the Development of Regional Impact Decision on February 7, 2008. A public hearing before the Zoning Board of Appeals was duly advertised on January 25, 2008 and February 1, 2008, and notice sent to al.l abutters in accordance with MGL Chapter 40A. That requirement was extended by the Enabling Regulations governing Development of Regional Impact reviews adopted and amended pursuant to the Cape Cod Commission Act, Chapter 716 of the Acts of 1989. The hearing was opened February 13, 2008, continued to February 27, 2008 and to a special. meeting of the Board on March 4, 2008. At the duly posted March 4, 2008, special meeting of the Zoning Board of Appeals, the Board found to grant the variance subject to conditions. Board Members deciding this appeal were Ron S. Jansson, James R. Hatfield, Jeremy Gilmore, John T. Norman, and Chairman Gail C. Nightingale. Attorney Michael D. Ford represented the Applicant before the Zoning Board. At the regular scheduled meeting of the Board on February 13, 2008 the appeal was opened and continued to February 27, 2008 to allow the Board time to review information that had only been recently submitted to the file and to provide time for staff review and input. At the February 27, 2008 continuance, Board Members were assigned to the appeal and Attorney Ford summarized the history of development and use of the subject lots as well as the location. He presented the plans for the redevelopment of the property noting that the plans had been before the Cape Cod Commission, during which the Town, through the Growth Management Department, weighed in on the proposal. The plans now before the Board are the outcome of the Commission's review and its Development of Regional Impact Decision. Attorney Ford noted that the Commission's review, although limited, has a number of conditions all of which assured the development would be compatible with the location in terms of Community Character, Economic Development, Transportation, and Water Resources. He noted that the plans and proposal are in compliance with the minimum performance standards of the Regional Policy Plan 2 f Town of Barnstable—Zoning Board of Appeals— Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Development , t° and consistent with the Local Comprehensive Plan. Details of the site layout and architecture of the building, on-site stormwater, traffic analysis, water and sewage flow reduction were presented. The criterion for the grant of a variance was addressed. Attorney Ford indicated that two plans have been drafted at the request of the Commission and Town. The preferred plan by the Commission and Town locates the building 45 feet off Route 132 and does not comply with the 100-foot setback required under Zoning. During the hearings, Mr. Randy Hart, Transportation Engineer with Vanasse Hangen Brustlin, Inc., and Mr. Steven Chouinard, project Engineer also with Vanasse Hangen Brustlin, Inc., gave testimony on the redevelopment. Ms Patty Daley, Director of the Town's Growth Management Department, spoke in support noting the petitioner had worked cooperatively with the Town and Commission and that the extent of mitigation will off-set impacts from the development. She also stated the reduced front yard setback was supported by the Town as that is the preferred pattern of development as it encourages all parking to be located to the side and rear of the structure, creating a landscaped front- yard to the roadway. Public comment was requested. Attorney Ford submitted a package of 26 letters that had been submitted to the Cape Cod Commission in support of the redevelopment. No one spoke in opposition to the request. The Hearing was continued to a March 4, 2008 special meeting of the Board. The special meeting was called only for the purpose of rendering a decision on the appeal. For a more comprehensive summary of the testimony given at the public hearing, Board minutes have been filed with the Town Clerk's Office. Findings of Fact: At the hearing on March 4, 2008, a motion was duly made and seconded to find the following findings of fact: 1. The subject property (the Property) is comprised of two separate lots, addressed 624 and 640 lyannough Road (Route 132), Hyannis, MA. The lots are shown as parcels 012 and 013 on Assessor's Map 311. The two lots total-approximately 2.53 acres and are to be used as one for the purposes of zoning and redevelopment. 2. The lots are presently developed with a 3,996 sq.ft. professional office building and a 6,160 sq.ft., restaurant building, last licensed in 2005 for 202 seats total. Most of the Property is zoned Highway Business with a small area to the rear zoned Business B. Office use is a principal permitted use allowed as-of-right in the Highway Business District. The existing restaurant is a - legally created nonconforming use in the district as it dates to 1963, and predates the rezoning along Route 132 to Highway Business. The restaurant has the benefit of Special Permit No. 1984- 69, that allowed an addition to the nonconforming use and authorized a maximum capacity of 300 seats. 3. The office lot, 640 lyannough Road, is owned by MDM Realty Trust and the restaurant lot, 624 lyannough Road, is owned by Star Nominee Trust. Berkshire Development, LLC (the Applicant), is a Massachusetts limited liability company and Manager to Berkshire-Hyannis, LLC. Berkshire- 3 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Development °F Hyannis, LLC has executed a Ground Lease with the owners of each lot. Copies of the Leases have been submitted to the file for proof of standing. The initial term of each lease is 20 years with the option to extend them for 12 additional terms of 5 years each. 4. The Petitioner is proposing to demolish the two existing buildings on the Property and redevelop the 2.53-acre site with a new one-story, 23,500 square foot retail sales building, parking and associated site improvements. The site is to be occupied by Circuit City, Inc., an electronic "superstore" retailer as the sole tenant of the property. Two sets of plans for the redevelopment , have been submitted to the file. One set of plans entitled "'Berkshire Development lyannough Road, Barnstable, Massachusetts" shows that the building can conform to the Highway Business Zoning District bulk regulations that require a 100-foot setback off Route 132. A second set of plans, entitled "Berkshire Development lyannough Road, Barnstable, Massachusetts-Site Alternative"' proposes to locate the building with a reduced front yard setback of 45 feet. It is for this reduced front yard setback that the Applicant has submitted Appeal 2008-010 seeking a variance to Section 240-25.E Bulk Regulations, Min. Front Yard Setback. 5. The proposed redevelopment has been found to be a Change of Use and over the 10,000 sq.ft. gross. floor area that triggered a review as a Development of Regional Impact (DRI) by the Cape Cod Commission. The Commission's DRI review was that of a limited review to issues of Community Character, Economic Development, Transportation, and Water Resources. On February 7, 2008, the Commission issued its DRI Decision with conditions. In issuing that decision, the Commission recommended the redevelopment comply with the Regional Policy Plan that recommends that all commercial parking be located to the side and rear of the building and not within the front yard. To that end, the Commission, in•concurrence with the Town's,Growth Management Department, requested the alternative plan be drafted. That plan locates the building only 45 feet off Route 132 and the parking is situated to the side and back of the structure. 6. Section 240-25.E of the Town's Zoning Ordinance specifies that the minimum setback off Route 132 is 100 feet. That amendment was incorporated into the Ordinance in 1983. The intent was to lessen the implications of future expansion in the right-of-way of Route 132, should that be needed. Section 240-54 was amended into the Ordinance in 1999. That section states that "parking lots shall be located to the rear or side of a building unless such location would have an adverse environmental impact, or is infeasible due to configuration of the site". The Growth Management Department has testified that they endorse a reduced front yard setback, as that pattern of development is now more favorable to the image they are striving for along Route 132., 7. The proposed redevelopment has also been reviewed by the Town of Barnstable Site Plan Review Committee and a site plan approval letter dated February 11, 2008 has been issued with conditions. 8. This variance can be granted as the proposal would not represent a substantial detriment to the public good or have a substantial impact of the commercial neighborhood affected. Allowing this building to be located 45 feet off Route 132 does not nullify and substantially derogate from the intent of Section 240-25.E that requires a minimum setback of 100 feet off Route 132 as the setback will be attractively landscaped and the parking screened from the public way. 4 Town of Barnstable—Zoning Board of Appeals-Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Development i ni The vote on the findings was as follows: AYE: Ron S. Jansson, James R. Hatfield, Jeremy Gilmore, John T. Norman NAY: Gail C. Nightingale Conditions: Based upon the positive findings of fact, a motion was duly made and seconded to grant Variance No. 2008-010 to allow the proposed building to be located 45 feet off Route 132, subject to all of the following conditions: 1. This Variance is issued for the two lots, totaling 2.53 acres and addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA (Assessor's Map 311, parcels 012 and 013) to be used as one for the purposes of redevelopment and use as a retail store for the sales of electronics. Notices of the executed Ground Leases to the lots shall be recorded at the Barnstable Registry of Deeds and Barnstable Registry District and proof of the recording submitted to the Zoning Board Office prior to the issuance of any building permit that relies on this variance. 2. The redevelopment shall be limited to a one-story, 23,500 sq.ft., single tenant building for the retail sales of electronics. The site shall be developed as per the engineered site plan submitted entitled; "Berkshire Development lyannough Road, Barnstable, Massachusetts — Site Alternative" as prepared by VHB Vanasse Hangen Brustlin, Inc., dated February 23, 2007, and last revised February 1, 2008. The exterior of the.building shall be developed as shown on the elevations submitted entitled; "Berkshire Development Hyannis, MA'" as drawn by Casco Project Managers. This shall include the exterior coloration of the building. 3. The development permit herein, and shown on the approved plans, shall be considered full build- out on the 2.54-acre site. The interior of the building shall be one story only. It shall not be expanded by the addition of interior floors or mezzanine areas. The parking on the lot shall not be shared with any other use unless it is approved by this Board nor shall any building addition, accessory building or other use be permitted without approval of this Board. Storage units and/or trailers are prohibited on the property except during the construction of the building, and then only as permitted by the Building Commissioner as temporary, construction-related units and trailers. 4. The Petitioner and occupant of the property shall be responsible for assuring that the redevelopment and use of the site is in compliance with, and maintained consistent with, this special permit as well as all conditions of the Cape Cod Commission's Development of Regional Impact Decision issued February 7, 2008. If the Commission's DRI decision is modified, the Applicant shall be responsible for notifying the Zoning Board of Appeals Office of that modification for a determination if this permit needs to be modified. 5. The Stormwater Management System inclusive of the bio-retention basins and first flow to and over vegetated areas shall not, in the future, be circumvented by the installation of paved areas that would channel runoff directly into the catch basins. No run-off shall be diverted to Town sewers. 5 I Town of Barnstable—Zoning Board of Appeals—Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Development , t 6. The requirements of the Cape Cod Commission, as it relates to the acquisition of the Off-site Mitigation Property and transfer into the Town's ownership, shall be executed. Proof of the transfer of the two lots to public ownership shall be submitted to the Zoning Board of Appeals. 7. Signage shall comply with the Town of Barnstable's Zoning Ordinance. No variance from the zoning requirements for signage shall be issued from the Zoning Board of Appeals and no nonconformity in signage shall be applied to the redevelopment of the Property. Signage shall be substantially represented to the Board in the illustrated building elevations submitted. There shall be no signage added to the exterior of the building, including signage adhered to the surfacing of the window placed there so as to be visible to the outside, signs that display a sale price, and/or pictorial representations of electronics that are for sale. Window display of merchandise is encouraged over signage. 8. The development shall be required to meet all applicable building and fire codes. All Fire Department requirements shall be met, including but not limited to stand pipes, fire hydrant locations and interior building sprinkler system. 9. All on-site dumpsters shall be screened and shall-meet all Board of Health regulations. The store shall properly dispose of all waste materials and recycle to the extent practical. As the property is in a Groundwater Protection Overlay District, it shall comply with all restrictions of Section 240- 35 except as may be granted relief in terms of lot coverage by impervious surfacing by Special Permit No. 2008-012. 10. The building shall be connected to public water and to the Town of Barnstable_ Wastewater Treatment Facility. 11. Upon the issuance of a building permit for the redevelopment authorized herein, Special Permit No. 1984-69, authorizing a restaurant use on one of the subject lots, shall become null and void and all rights authorized in that permit shall expire. 12. The Applicant shall install no-left turn signs on Route 132 clearly identifying that the ingress to the property is a right-turn in and right-turn out only. The nature of the signage and location shall be reviewed by the Town of Barnstable prior to its installation. 13. The landscaping plan shall be implemented, or a cash bond as determined by the Growth Management Department, and posted with the Town prior to the grant of an occupancy permit for the store. The trees that are identified on the plan as being retained shall be retained and incorporated into the landscape plan; 14. The Petitioner shall attempt to secure a pedestrian walkway connecting the Property with the abutting McDonald's restaurant to the west. If the access cannot be secured, the Applicant shall create a walkway from their parking area out to the public way on the west side of the site exit drive. The walkway shall be installed to the specification of the Department of Public Works . The added pavement to create the pedestrian walkway shall not be included in the lot coverage as it is being requested by this Board for the convenience and safety of the public. 15. In the future, the Petitioner shall cooperate fully with the Town of Barnstable in implementing 6 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Development ; t , improvements to Route 132. To that end, should the Town of Barnstable determine that added right-of-way is necessary for improving Route 132, the Petitioner shall assent to an easement of up to 20 feet wide over the Property as it abuts Route 132. 16. The Petitioner shall seek Airport Commission approval to temporarily use the back entrance to the lot during the initial construction of the building and site improvements to the Property. Thereafter it shall seek a permanent agreement that the roadway can be used for emergency access. 17. The occupant of the building and/or Petitioner shall be responsible for the proper maintenance and upkeep of the landscape and property, including on-site litter control, periodic cleaning and sweeping of the parking lot, watering and irrigation of the landscape, maintaining site lighting, annual cleaning of the catch basins, demarcation of on-site parking and circulation, and on-site traffic signage. 18. The Petitioner shall contribute the sum of$5,000 to the Town of Barnstable that shall be earmarked to enhanced safety on Route 132 in this segment of the roadway. The intent of this contribution is to further discourage left hand turning movements. The funds shall be contributed at the time the building permit is applied for. 19. The lighting plan submitted with the plan set referenced herein shall'be implemented and maintained to assure proper safe levels of lighting at the entrance to the site as well as throughout the parking area of the Property. . 20. The Petitioner shall comply with all conditions and specifications of the Department of Public Works regarding the elongated curb-cut to be installed as the entrance to the Property. It shall not be altered in the future without due notice to the Office of the Zoning Board of Appeals for a determination if that proposed alteration will require prior approval of the Zoning Board of Appeals. 21. The Petitioner shall not exercise its rights under this decision until such time as it provides the' Building Commissioner with*la final, fully executed and recorded copy of the Cape Cod Commission DRI Decision and a recorded copy of this variance decision. The vote was as follows: AYE: Ron S.Jansson, James R. Hatfield; Jeremy Gilmore, John T. Norman NAY: Gail C. Nightingale Ms Nightingale stated that-she voted in the negative to the grant of the variance because she found thai variance conditions as required by MGL Chapter 40A Section 10 had not be substantiated. No unique conditions related to soil, shape of topographic features of the land or proposed structure are present. She noted that the grant of the variance is a substantial deviation from the Ordinance as it would allow overall massing of the building with a front face measuring 30 feet high by 148 feet long to sit only 45 feet off Route 132. Imposing that building and its mass so close to Route 132 will be a detriment to the neighborhood and would have an adverse environmental impact. 7 Town of Barnstable—Zoning Board of Appeals— Decision and Notice Variance No. 2008-010—Setback from Route 132-Berkshire Developmentt F h � W1 Ordered: Variance No. 2008-010 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda E. Hutchenrider, Town Clerk { 8 IKE r BARNSrABLR, MAE& � s63p �� �EDMArA Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2008-012 Berkshire Development -Circuit City Section 240-93 Nonconforming Buildings/Structures Not Used as Single or Two-family Dwellings To alter nonconformities in impervious lot coverage to 59.5% where the overlay district regulations limit the total amount of impervious site coverage to 50%. Summary: Granted with Conditions. Applicant: Berkshire Development, LLC Property Address: 624 and 640 lyannough Road (Route 132), Hyannis, MA Assessor's Map/Parcel: Map 311, Parcels 012 and 013 Zoning: Highway Business, B Business, Groundwater &Wellhead Protection Overlay Districts Relief Requested and Background: In Appeal 2008-012, Berkshire Development LLC sought to redevelop two parcels fronting on Route 132 with a 23,500 sq.ft. one story Circuit City electronic retail sales building, parking and associated site improvements. The property is zoned Highway Business for the first 300 feet abutting Route 132. The remaining portion of the property is zoned Business B. The Property is located in a Groundwater and a Wellhead Protection Overlay Zoning District. Those overlay districts limit the amount of impervious site coverage to 50%. The existing site coverage is 61.7%, exceeding that limitation. Although the redevelopment reduces impervious coverage to 59.5%, it still exceeds the 50% . limitation and therefore the Applicant has submitted Appeal 2008-012 for a nonconforming special permit to alter the impervious lot coverage not in conformity to zoning. The parcels are addressed 624 and 640'lyannough Road (Route 132), Hyannis, MA and are developed with a 3,996 sq.ft. office building and a 6,160 sq.ft. restaurant building. The site was formerly occupied by Rogers & Gray Insurance Agency and the Star City Grill. The two lots total 2.57 acres and front 296 feet on Route 132. The proposal is to demolish the existing•structures and unite the two lots as one for the purposes of zoning and redevelopment. The new structure to be built measures 200 by 148 feet overall. Two site plans have been initiated for the development. One sites the building 100 feet off Route 132 in conformity to the required front yard setback off that roadway. A second plan sites the building 45 feet off Route 132 and would require a variance from Section 240-25.E Bulk Regulations, Minimum Front Yard Setback off Route 132. That relief was requested in Appeal 2008-010. Retail sales is a Conditional Use in the Highway Business Zoning District. Section 240-25(C)(1) of the Zoning Ordinance requires a special permit from the Zoning Board of Appeals be issued for the use. In Appeal 2008-011, the applicant requested that conditional use special permit. k Town of Barnstable—Zoning Board of Appeals— Decision and Notice Special Permit No. 2008-012—Nonconformity Impervious Lot Coverage-Berkshire Development This decision is that of Appeal 2008-012 for an alteration/expansion in the nonconforming lot coverage by impervious covering to exceed the 50% maximum allowed in the Groundwater and Wellhead Protection Overlay Districts. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 19, 2007. On April 10, 2007, the Zoning Board of Appeals notified the applicant's attorney that the Zoning Board of Appeals has suspended its time frame for processing the application, as the development was referred to the Cape Cod Commission as a Development of Regional Impact (DRI). In accordance with Section 6 of the Enabling Regulations governing DRI reviews, a municipal agency's review of a pending local development permit is suspended for that time period from the point of referral to the final Commission decision being rendered. The Commission rendered the Development of Regional Impact Decision on February 7, 2008: A public hearing before the Zoning Board of Appeals was duly advertised on January 25, 2008 and February 1, 2008, and notice sent to all abutters in accordance with MGL Chapter 40A. That requirement was extended by the Enabling Regulations governing Development of Regional Impact reviews adopted and amended pursuant to the Cape Cod Commission Act, Chapter 716 of the Acts of 1989. The hearing was opened February 13, 2008, continued to February 27, 2008 and to a special meeting of the Board on March 4, 2008. At the duly posted March 4, 2008, special meeting of the Zoning Board of Appeals, the Board found to grant the Conditional Use Special Permit subject to conditions. Board Members deciding this appeal.were Ron S.Jansson, James R. Hatfield, Jeremy Gilmore,John T. Norman, and Chairman Gail C. Nightingale. Attorney Michael D.ford represented the Applicant before the Zoning Board. At the regular scheduled meeting of the Board on February 13, 2008, the appeal was opened and continued to February 27, 2008 to allow the Board time to review information that had recently been submitted to the file and to provide time for staff review and input. At the February 27, 2008 continuance, Board Members were assigned to the appeal and Attorney*Ford summarized the history of the development and use of the subject lots as well as the Location. He presented the plans for the redevelopment of the property noting that the plans had been before the Cape Cod Commission, during which time the Town, through the Growth Management Department,- weighed in on the proposal. ,The plans now before the Board are the outcome of the Commission's review and its Development of Regional Impact Decision. Attorney Ford noted that the'Comm.ission's review, although limited, has a number of conditions all of which assured the development would be compatible with the location in terms of Community Character, Economic Development,.Transportation, and Water Resources. He noted that t_he plans and proposal are in compliance with the minimum performance standards of the Regional Policy Plan and consistent with the Local Comprehensive Plan. Details of the site Layout and architecture of the building, on-site stormwater, traffic analysis, water and sewage flow reduction were presented. Attorney Ford stated that the condition of the site pre-dates the 1987 adoption of the Groundwater and Wellhead Protection Overlay Zoning Districts and therefore it is a legally created, pre-existing nonconformity. Attorney Ford addressed the requirements for the grant of the special permit. 2 Town of Barnstable—Zoning Board of Appeals— Decision and Notice Special Permit No. 2008-012— Nonconformity Impervious Lot Coverage-Berkshire Development ° During the hearings, Mr. Randy Hart, Transportation Engineer with Vanasse Hangen Brustlin, Inc., and Mr. Steven Chouinard, project Engineer also with Vanasse Hangen Brustlin, Inc., gave testimony on the redevelopment. Ms Patty Daley, Director of the Town's Growth Management Department, spoke in support noting the Applicant had worked cooperatively with the Town and Commission and that the extent of mitigation will off-set impacts from the development. She also stated the reduced front yard setback was supported by the Town as it is the preferred pattern of development since it encourages all parking to be located to the side and rear of the structure, creating a landscaped front- yard to the roadway. Public comment was requested. Attorney Ford submitted a package of 28 letters that had been submitted to the Cape Cod Commission in support of the redevelopment. No one spoke in opposition to the request. The Hearing was continued to a March 4, 2008 special meeting of the Board. The meeting was called only for the purpose of rendering a decision on the appeal. For a more comprehensive summary of the testimony given at the public hearing, Board minutes have been filed with the Town Clerk's Office. Findings of Fact: At the hearing on March 4, 2008, the Board unanimously made the following findings of fact: 1. The subject property (the Property) is comprised of two separate lots, addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA. The lots are shown as parcels 012 and 013 on Assessor's Map 311. The two lots total approximately 2.53 acres and are to be used as one for the purposes of zoning and redevelopment. 2. The lots are presently developed with a 3,996 sq.ft.'professional office building and a 6,160 sq.ft., restaurant building, last licensed in 2005 for 202 seats total. Most of the Property is zoned. Highway Business with a small area to the rear zoned Business B. Office use is a principal permitted use allowed as-of-right in the Highway Business District. The existing restaurant is a legally created nonconforming use in the district as it dates to 1963, and predates the rezoning along Route 132 to Highway Business. The restaurant has the benefit of Special Permit No. 1984- 69, that allowed an addition to the nonconforming use and authorized a maximum capacity of 300 seats. 3. The Property is also located in the Groundwater and Wellhead Protection Overlay Zoning Districts. Those districts were imposed in 1987 and overlay the underlying zoning. The overlay district regulations, in addition to prohibiting certain uses and the storage of hazardous materials, imposed limits on the extent.of impervious coverage of a lot. The current use and development of the lots pre-dates adoption of groundwater protection and the lots do not conform to the 50% maximum impervious lot coverage. 4. The office lot, 640 lyannough Road, is owned by MDM Realty Trust and the restaurant lot, 624 lyannough Road, is owned by Star Nominee Trust. Berkshire Development, LLC (the Applicant), is a Massachusetts limited liability company and Manager to Berkshire-Hyannis, LLC. Berkshire- Hyannis, LLC has executed a Ground Lease with the owners of each lot. Copies of the Leases have been submitted to the file for'proof of standing. The initial term of each lease is 20 years with the option to extend them for 12 additional terms of 5 years each. 3 I Town of Barnstable—Zoning Board of Appeals— Decision and Notice Special Permit No. 2008-012— Nonconformity Impervious Lot Coverage-Berkshire Development t Du' 5. The Applicant is proposing to demolish the two existing buildings on the Property and redevelop the 2.53 acre site with a new one story, 23,500 square foot retail sales building, parking and associated site improvements. The site is to be occupied by Circuit City, Inc., an electronic "superstore" retailer as the sole tenant of the property. Plans for the redevelopment have been submitted. In addition to the redevelopment site, the Applicant has agreed to assist the Town of Barnstable in the acquisition of two lots that abut the Airport Rotary at the intersection with Route 132 —the Off-Site Mitigation Property. The two lots are the former 266 seat, nonconforming "Chili's Restaurant"' addressed as 545 lyannough Road and the accessory employee parking lot addressed as 0 lyannough Road. The restaurant closed on September 15, 2005 and has been vacant since then. The Zoning Ordinance defines abandonment as non-use of the property for three years and therefore the restaurant still has nonconforming rights. The two lots total 0.95 acres and are in the same Highway Business and Groundwater Protection Overlay Zoning Districts as the redevelopment property. 6. The proposed redevelopment has been found to be a Change of Use as well as development that exceed 10,000 sq.ft., and triggered a review as a Development of Regional Impact (DRI) by the Cape Cod Commission. The Commission's DRI review was that of a limited review to issues of Community Character, Economic Development, Transportation, and Water Resources. On February 7, 2008, the Commission issued its DRI Decision with conditions. 7. The proposed redevelopment has also been reviewed by the Town of Barnstable Site Plan Review Committee and a site plan approval letter dated February 11, 2008 has been issued with conditions. The site plan approval satisfies one of the three prong requirements of Section 240-125.0 for the grant of a special permit. 8. The Applicant has indicated that they desire this redevelopment to be an asset to the community and an improvement over the current uses on the Property. To this end, the Applicant will be making contributions of$30,000.00 to Barnstable.Housing Authority for affordable and workforce housing, $30,000.00 to the Cape Cod Community College for workforce training, and $10,000.00 worth of equipment to the Barnstable School System. The contributions are a part of the terms and conditions of Cape Cod Commission DRI and are incorporated by reference into this decision. 9. Appeal 2008-012 is before the Zoning Board for a Special Permit pursuant to Section 240-93 Nonconforming Buildings or Structures Not Used as Single or Two-family Dwellings. The Applicant seeks to redevelop the site with an impervious surfacing of 59.9%, not in conformity to Groundwater and Wellhead Protection Overlay District regulations that limit lot coverage impervious surfacing to no more than 50%. The existing site is nonconforming in that 61.7% is now surfaced by buildings, pavement and gravel parking. Section 240-93.13 allows for alterations or expansions of a pre-existing'nonconformityonly by a special permit from the Zoning Board of Appeals. 10. The existing site developments on the subject property date to 1973 for the office use on 640 lyannough Road, and to 1963 for the restaurant use on 624 lyannough Road. The Groundwater and Wellhead Protection Overlay District regulations that limits lot coverage to 50% by impervious surfaces was adopted in 1987. The lots as now developed predate the adoption of Groundwater and Wellhead Protection, and therefore the existing 61.7% lot coverage by parking lot surfaces, buildings and walks is a pre-existing legally created structural nonconformity. The Applicant proposes to redevelop the site with a coverage of impervious surfacing of 59.9%. 4 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No. 2008-012—Nonconformity Impervious Lot Coverage-Berkshire Development F Although less than that which now exists, it still does not meet today's maximum lot coverage by impervious surfacing of 50%. Therefore, the Applicant has requested this special permit for proposed alterations to the site in a manner that does not conform. 11. To grant the Special Permit to allow that alteration requires findings that support "that the proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood". a. Most of the businesses abutting Route 132 in this area predate the adoption of Groundwater and Wellhead Protection and many of the commercial sites do not conform to the 50% impervious lot coverage now required. As most lots are nonconforming and as this redevelopment will overall improve the situation since all run-off is being contained and recharged on-site, the granting of this permit should not represent a substantial detriment to the neighborhood. b. The redevelopment of the property is striving to properly delineate on-site parking and circulation as well as provide proper pavement, drainage and landscaping. This is an upgrade over that which now exists and as the overall commitment of lot coverage by development is being reduced from 61.7% to 59.9%, this is a benefit to protecting the groundwater resources that the ordinance strives to protect. The parking improvements are those that the public have come to expect and meet the requirements of site plan review. From that perspective, it is an improvement for the users of the area and not a detriment. C. The Applicant has incorporated a state-of-the-art "best practice" on-site drainage for dealing with surface run-off. The technique being employed diverts run-off into vegetated areas noted on the plan as bio-retention basins. The water will flow over vegetated areas and, to a degree, linger in those areas thereby allowing for a first flush to remove 90% of particulate matter and allow for natural infiltration. The bio-retention basins are vegetated so that plant material will absorb nitrogen and other nutrients rather than leaching them directly to groundwater. At a high storm event, run-off eventually flows into the catch basins and the basins function as needed to assure proper drainage that meets today's standards. d. The Applicant has gone one step further to improve the overall situation in this recharge area to the public wells through their 50% share in the acquisition of the Off-Site Mitigation Property. The Off-Site Mitigation Property is initially to be restored as landscaped areas. The lots total 0.95 acres and will result in all of the property being rendered pervious, except as may be needed for public amenities and in the future for roadway improvements. This is an added benefit that will improve groundwater recharge to the public supply wells. e. The proposed redevelopment and off-site mitigation reduces demand for public water and reduces wastewater flows to the Town's.Wastewater Treatment Plant by 18,635 gallons per day. Reduced flows to the public treatment plant are in the interests of the Town. 9. The factors cited above are evidence that to grant the relief being requested fulfills the spirit and intent of the Zoning Ordinance, as overall the redevelopment will improve the quality of stormwater infiltration to groundwater, and reduce water consumption and wastewater. The 5 f Town of Barnstable—Zoning Board of Appeals— Decision and Notice Special Permit No. 2008-012—Nonconformity Impervious Lot Coverage-Berkshire Development granting of this permit would not represent a detriment to the public good of the commercial neighborhood in which it is located. The vote on the findings was as follows: AYE: Ron S. Jansson, James R. Hatfield,Jeremy Gilmore, John T. Norman, Gail C. Nightingale NAY: None Decision and Condition: Based upon the positive findings of fact, a motion was duly made and seconded to grant Special Permit No. 2008-012 to allow the proposed redevelopment a nonconformity in impervious lot coverage of 59.5%, and not in conformity to Groundwater and Wellhead Protection Overlay District regulations that limit the total amount of impervious site coverage to 50%. The grant of this relief is subject to all conditions of Conditional Use Special Permit 2008-011. The vote was as follows: AYE: Ron S.Jansson, James R. Hatfield, Jeremy Gilmore,John T. Norman, and Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-012 has been granted subject to all conditions of Special Permit 2008-012 This decision must be recorded at the Ba'rnstable`Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale, Chairman 'Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda E. Hutchenrider, Town Clerk 6 I f , LETTER OF TRANSMITTAL BERKSHIRE �p,�] ��_� �_,,SLNSI HYANNIS , LLC L.U.R OCT 28 AN g- 04 41 Taylor Street Springfield, MA 01103 Phone: (413) 781-2800 DIVIS[ON Fax: (413) 781-8888 To: Paul Roma Date: 10/24/2008 Pro•. #: Town of Barnstable Attention: Paul Roma Building Department Re: Circuit City 367 Main Street 624 I annou h Road Hyannis, MA 02601 Hyannis, MA We are sending you: X Attached Under separate cover via the following items: Diskette(s) Prints Plans Samples Other Copy of letter Change order Contract(s) Specifications Copies Date No. Description 1 10/22/2008 Architectural Letter of Compliance 1 10/22/2008 Electrical Engineer Letter of Compliance 1 10/22/2008 Mechanical Engineer Letter of Compliance These are transmitted as checked below: For approval Approved as submitted Resubmit Copies for approval X For your use Approved as noted Resubmit Copies for distribution As requested Returned for corrections Return Corrected prints For review and comment For bids due Prints returned after loan to us Remarks: Copy to File Signed Tracy Reisbig RECD O C T 2 3 2008 ROUTING CASCO Overnight/Email Midwest Region LETTER OF TRANSMITTAL TO: Berkshire Development DATE: October 22, 2008 41 Taylor Street Springfield MA 01103 (413) 788-2329 RE: Circuit City Stores, Inc. ATTN: Bill Johnson Store No. 3723 Hyannis, MA We are transmitting herewith the following: QUANTITY DESCRIPTION One (1) Signed and Sealed Electrical Engineer Letter of Compliance. One (1) Signed and Sealed Mechanical Engineer Letter of Compliance. One (1) Signed and Sealed Architectural Letter of Compliance. Remarks: Per your request. Yours very truly; CASCO GitQZ��uKde��re e-t,t m w Michael Sundermeyer Project Leader cc: DEC,TMW, ACT File 208100 KICCSI\Projects\208100 Hyannis MA 3723\WP\General\Trans Berkshire Development 081022.doc 10877 Watson Road Costa Mesa.California Dallas;Texas St.Louis,Missouri 63127 Atlanta,Georgia Edison,New Jersey Tel:(314)821-1100 • Fax:(314)821-4162 CASC© Via: US Mail Midwest Region October 22, 2008 ARCHITECTURAL LETTER OF COMPLIANCE To the Building Department: Re: Circuit City, 624 lyannough Road, Hyannis, MA To the best of our knowledge and belief, construction was undertaken in general accord with plans and specifications approved and permitted by the local governing authorities.We are unaware of any outstanding violations of corrective requirements, which may have been issued by any authority having jurisdiction that have not been addressed or corrected. Construction testing and inspections were performed by HTE Northeast, Inc. to assure compliance with the construction contract. Notwithstanding unresolved punch list items to be completed or corrected, and without relieving any party of their performance obligations imposed by contract or by commonly accepted industry practice, it is CASCO's professional opinion based upon a limited observation visit, representations of others, and our best knowledge and belief, that the facility is substantially complete and suitable for its intended purpose. No specific research, testing, or investigation has been performed pursuant to this declaration. Third parties may rely on this declaration to the extent that they recognize that this statement is neither a warrant nor a guarantee but is, indeed, a statement of "opinion" based upon available factual data. No other representations are expressed or implied. Sincerely, <`, CA A � Pk1.854Y Qv William A. Bandle �of /z31/og 1n Subscribed and sworn before me this day of '"'/C,� r- 2008 `7 SS�3OTARY9F fl •� PUBLIC Notify P e, NOTARY N€ m ,� l E SEAL r e� COMMISSION wo #08498987 My commission expires onvJ'J'`'•�`FgSON("A.,'e�� ®F�y\S`'�` ' e0jeieees uo►pp°°� _ Cc: File 208100 DEC, MSS, TMW, JWR 10877 Watson Road Irvine,California Dallas,Texas St.Louis,Missouri 63127 Atlanta,Georgia Edison,New Jersey Tel:(314)821-1100 • Fax:(314)821-4162 CASCO Via: US Mail Midwest Region October 22, 2008 ELECTRICAL ENGINEER LETTER OF COMPLIANCE To the Building Department: Re: Circuit City, 624 lyannough Road, Hyannis, MA To the best of our knowledge and belief, construction was undertaken in general accord with plans and specifications approved and permitted by the local governing authorities.We are unaware of any outstanding violations of corrective requirements, which may have been issued by any authority having jurisdiction that have not been addressed or corrected. Construction testing and inspections were performed by HTE Northeast, Inc. to assure compliance with the construction contract. Notwithstanding unresolved punch list items to be completed or corrected, and without relieving any party of their performance obligations imposed by contract or by commonly accepted industry practice, it is CASCO's professional opinion based upon a limited observation visit, representations of others, and our best knowledge and belief, that the facility is substantially complete and suitable for its intended purpose. No specific research, testing, or investigation has been performed pursuant to this declaration. Third parties may rely on this declaration to the extent that they recognize that this statement is neither a warrant nor a guarantee but is, indeed, a statement of "opinion" based upon available factual data. No other representations are expressed or implied. Sincerely, CASCO PAUL J. HUBER rt No. 30432 to Paul ub �X p. Gl3(yl c) _ ,`o�oes r vve�® �� G� L. Klgo,,°° Subscribed and sworn before me this day of �`7 2008 °°•pN •�/�i SS�+fOTARY9F ° S Z PUBLIC J NOTARY aNt SEAL o° ,� COMMISSION N; Notary Putili f �F 108498987 e My commission expires on �� �� — 'T�OF, �Sa�',``ee a Cc: File 208100 DEC, MSS, TMW, JWR 10877 Watson Road Irvine,California Dallas,Texas St.Louis,Missouri 63127 Atlanta,Georgia Edison,New Jersey Tel:(314)821-1100 • Fax:(314)821-4162 f r . CASCO Via: US Mail Midwest Region October 22, 2008 MECHANICAL ENGINEER LETTER OF COMPLIANCE To the Building Department: Re: Circuit City, 624 lyannough Road, Hyannis, MA To the best of our knowledge and belief, construction was undertaken in general accord with plans and specifications approved and permitted by the local governing authorities. We are unaware of any outstanding violations of corrective requirements, which may have been issued by any authority having jurisdiction that have not been addressed or corrected. Construction testing and inspections were performed by HTE Northeast, Inc. to assure compliance with the construction contract. Notwithstanding unresolved punch list items to be completed or corrected, and without relieving any party of their performance obligations imposed by contract or by commonly accepted industry practice, it is CASCO's professional opinion based upon a limited observation visit, representations of others, and our best knowledge and belief, that the facility is substantially complete and suitable for its intended purpose. No specific research, testing, or investigation has been performed pursuant to this declaration. Third parties may rely on this declaration to the extent that they recognize that this statement is neither a warrant nor a guarantee but is, indeed, a statement of "opinion" based upon available factual data. No other representations are expressed or implied. Sincerely, PA U L `yG 44a J- HUGER No. 30432 ' n-'A` uber Subscribed and sworn before me this �W day of 2008Ire` �e ,SS�TAR�gFs.� PUBLIC =° ITCH' ` o %chi NOTARY �; m SEAL ge a Notar. Zr ,/ o COMMISSION ti; d �08498987 ;.o M commission expires on �Izpy p l Ose�,et®�s'V tl1��►p0�° Cc: File 208100 DEC, MSS, TMW, JWR 10877 Watson Road Irvine,California Dallas,Texas St.Louis,Missouri 63127 Atlanta,Georgia Edison,New Jersey Tel:(314)821-1100 • Fax:(314)821-4162 Town of Barnstable Legal Department 367 Main Street, Hyannis, MA 02601 508-862-4620 Fax 508-862-4724 ROUTING SLIP DATE: /VDI��-�/�j � TO: AYW1Z-01AJcT--- FROM: 4UTH J. WEIL, Town Attorney T. DAVID HOUGHTON, 1st Assistant Town Attorney CHARLES S. McLAUGHLIN, Jr., Assistant Town Attorney /P CLAIRE GRIFFEN, Legal Assistant PAM GORDON, Legal Clerk RE: � OUR FILE REF NO: (� • 4 J- oa [O:\WPFILES\OFFICE\ROUTING-astoform.DOC] Town of Barnstable ` Legal Department 367 Main Street, Hyannis, MA 02601 508-862-4620 Fax 508-862-4724 ROUTING SLIP DATE: o2J�/D TO: FROM: - / V RUTH J. WEIL, Town Attorney T. DAVID HOUGHTON, ,1st Assistant Town Attorney CHARLES S. McLAUGHLIN, Jr., Assistant Town Attorney �CLAIRE GRIFFEN, Legal Assistant PAM GORDON, Legal Clerk RE: 02 OUR FILE REF NO: O . l / -6 36: t 3 D [Q:\WPFILES\OO�FFIC,E�\ROOUUT�I NG-astoform.DOC] oFtMME� Town of Barnstable . Regulatory Services * swxxsrnaLs, v MASS, Thomas F. Geiler, Director �A 039. ♦0 rFn3res Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 29, 2008 Mr. William Johnson Berkshire Hyannis LLC 41 Taylor Street Springfield, MA 01103 RE: CIRCUIT CITY 640 IYANNOUGH ROAD HYANNIS, MA Mr. Johnson, The building constructed at#640 Iyannough Road by cm&b Inc has satisfied the required inspections of the Town of Barnstable Building Department. Circuit City or any other future tenant is required to apply for a tenant fit-up permit in order to finish and complete the interior of this building. Prior to a final Certificate of Occupancy being issued for whatever tenant may occupy this building the conditions as set.forth in the Development of Regional Impact Decision for Circuit City must be satisfied. However, as far as these conditions there is nothing to prevent the Barnstable Building Department from completing and signing off on the Building Permit. Respective , Thomas erry Building Commissioner '. Town of Barnstable of BAR CAPE COD COMMISSION O t° 3225 MAIN STREET v © . M P.O. BOX 226 ` BARNSTABLE,MA02630 'ass ti� (508)362-3828 ACgUS FAX(508)362-3136 } • E-mail:.frontdesk@capecodcommission.org By Fax and Regular Mail October 29, 2008 Michael D. Ford, Attorney at Law 72 Main Street P.O. Box 485 West Harwich, MA 02671 c Dear Michael This letter is written regarding the Cape Cod Commission's (Commission) Limited Development of Regional Impact (DRI) decision for the Circuit City project dated February 7, 2008, as amended. In order to issue a Final Certificate of Compliance, the decision is written such that the building's actual tenant must provide a report detailing the new jobs created, wages, benefits and positions filled (condition ED3), and an employee trip reduction plan (condition.T2): This information needs to be provided-by-the tenant/company occupying the building and j� implementing these programs. Note: See the decision for he•exac language of each VV t t0 P 9 _P g ( condition.) [� /o At the same time,,Commission staff have inspected the site, and received other J4?rmati0(1W_0t0 date from representatives of Berkshire-Hyannis, LLC which has allowed staff to detrmineiat "=3 the other conditions of the Limited DRI decision (as amended) that are not deperr` nt on tW c; building's tenant (i.e. completion of site work, landscaping, and payment of funds'` required by condition ED1) have been satisfactorily complied with. nZ -� E5 Please contact me if you have any questions. n.� r n Sincerely, Andrea Adams Senior Regulatory Planner Cc: Project File Commission Technical Staff Michael Greene, Berkshire Development, LLC, 41 Taylor Street, Springfield, MA 01103 William George, Property Manager, Berkshire Development,LLC' Tom Perry,Bafnstable Building Commissioner JoAnne Miller Buntich, Assistant Director, Barnstable Growth Management Department I J T9: The applicant shall provide an employee/patron trip reduction program that includes the following in-kind strategies: ® Assemble information regarding carpooling and its benefits to be distributed to C tenants and their employees. An informational packet has been assembled and will be distributed.to all —- newly hired employees including management. ® Designate an area where carpool information will be posted for all employees Carpool and other trip reduction information will be posted on the top right -boNG` hand corner of the secondary communications board located in the partners O. lounge. ® implement a guaranteed ride home program (taxi service) for use in the case of an emergency for program participants The store management team is working with Katherine at MassRides to enact a rideshare program for Circuit City partners. Those who participate in this program will automatically be eligible for the Emergency Ride Home program through MassRides who subsidizes emergency rides home via taxi or rental car up to 4 times a year. ® Designate preferential parking spaces for-employees that carpool. The Construction Manager Harry Keough will work with development personal to stripe and sign preferential parking spaces for carpool/rideshare participants. 1 0 Provide. secure bicycle storage areas to accommodate bicycles for both employees and patrons. The Construction Manager Harry Keough will work with development -1 personal to install bike racks in front of the store prior to Turnover. ® Work with tenants to provide on-site services to decrease employee midday trip making. The on-site services shall include a lunchroom,microwave and refrigerator. All Circuit City stores copse complete with a partner lounge large enough to accommodate a ful V.9irking floor of partners. Every store also comes complete with r¢1ri is n r�nscro ! ae. In addition, incentives for partners to stay t ugh ba=eaks in a large L.CD TV with DirecTV as well as a Microsoft 360 gaming consul. e Provide an onsite transportation coordinator. The transportation coordinator shall be responsible for insuring that the complete rideshare program, including car/vanpools.accommodating work shifts; promotions; incentives; preferential F parking; and guaranteed ride home program, is consistently promoted and E provided on.sible for ensuring The Store Director will ultimately be res p g these programs are promoted. The Store Director will assign day to day activities to be completed to the Customer Services Associate tread. m Provide flexible work hours for employees that car%vanpool The store management team led by the Customer Service Lead will obtain a list of rideshare schedules as well as partners' bus schedules and alternate modes of transportation prior to making two week schedules. In addition management will work with partners if adjustments need to be or can be made. . ® Work with tenants to develop employee work hours to match transit schedules for transit riders , r Please see.above comment. ® Implement an annual employee trip reduction plan review to be held at least once a year. The Customer Service Lead will reach out to Glenn Canon for an annual presentation and review on the trip reduction plan. ® Distribute to all employees a new employee information packet that will include .� information about the various TDM programs that are available and the ways in which employees can participate Of 40 Please see the first T9 bullet regarding the new hire packet that will be handed out to all partners. ® Provide a quarterly bulletin or newsletter reminding employees about the TDM programs and making the employees aware of any new or modified services. eg The bulletin board in the partners lounge will be updated on a monthly basis by the Customer Service Lead or when any major changes occur in major transportation schedules.that impact partners. ® Provide bicycle maps indication the location of bicycle facilities in the area will be posted in central locations within the development to encourage bicycle commuting: A neap of bicycle routes will be included in the new hire packet as well as 9 posted on the bulletin board in the partner lounge. A bicycle rack will be. located at the front off the store for use by both guests and partners. ® Provide a reference in all promotional materials or link, in the case of a website, —� to the Cape Cod Commission transportation information center, Travel Demand Mana gement services at www..gocapecod.org. In addition, webs ite based materials and advertising developed for the project will include listing and links,to available public transportation services serving the project site. The gocapecod.org website is referenced in the partner's new hire packet. This link as well as other amass transit links will be referenced on the partners' lounge bulletin board as well. ® Provide incentives each day for each employee who commutes to work using alternative methods that reduce automotive trips such as bicycling, walking, carpooling or.transit. These-incentives may include free meals through coupons/discount cards for use toward the purchase of goods and services within the development or at adjacent retailers or entries into weekly raffles for prizes such as movie tickets, free meals and/or goods and services Carpoolers or rideshare participants will be given preferential parking outside of the Circuit City store. The store Customer Service bead will also be responsible enacting an incentive based program that eligible partners buy into. We will pull incentives frown the Circuit City associate rewards program to fund necessary expenses. °55 f x,rSA. i �fl1 tf l • p. e. �..-, �• +z. x � 40 x# � { V a x j ,ft-; ,�Nw i e 'S i X� �r �v f R rt .� '� � �5^`�.1'x,•r•'::,yea •�'�~k�Y�-�F .r"r� .!- r. (•-�. »...,�„!9'i ,y,yr'xT 't, i:ivBi �4 ;a,lvK"-,'dl' •� 'JY.�n.. y, • r e., �j ,��-'.�+ -i'v,.u�i .. 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Geiler, Director �'OrFn�yrs�m Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 22, 2008 Re: 640 Iyannough Road, Hyannis To Whom It May Concern: The building permit f©r �ly_a uonn gh_R.o'ad ha=s been issued, and may be obtained when the payment of$18,036.75 has been received; this is for the building permit only. Sincerel , Thomas Perry, CBO Building Commission r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map arcel` Application # Health-Division '` 05 Date Issued Conservation Division '' Application Fee 16141 Planning Dept. Permit Fe ��d Date Definitive Plan Approved Eby Planning Board 30 Historic - OKH Preservation/Hyannis I Project Street Address Z`f 1 VAk®✓ </ �2� Village rOwner�-- rz C Telephone CIA Permit Request jfxTJ�/mil �/i�,t[i� 2/Z ���C y/7- Gi` T S� f�OGch�b i�.(�7 �,""- '�...�.Jy, `.��1 J �rhy'- � iF.�;„�� + '_ +IYY-'#;3�� �M .aa °}A�,n xy i,L"ors;,.#,.nwL�i...r..-sid.e;.•...`-...�"`�+-., . Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total'new Zoning District Flood Plain Groundwater Overlay "Y Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family. ..p❑ 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 woo pal sto ❑.-'bs ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: isting Q new' size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:" A+ Gi Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ cn Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name j(�/a G�1 94Z 4r— lephone.Number 9 7 6 Address— _f -P fez/ w �License�#� 9 �� 07 9 Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE - _ w :- ;DATE D FOR OFFICIAL USE ONLY 'F APPLICATION# DATE ISSUED MAP/PARCEL NO. i ADDRESS VILLAGE s OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION ;? FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL Y GAS: ROUGH FINAL FINAL BUILDING k 3 DATE CLOSED OUT ` ASSOCIATION PLAN NO. A The Commonwealth of Massa-chusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, AM 02111 www.mass.gcv1dia Workers' Compensation Xnsurance Affidavit: Builders/Contractors(EIectricians/P.lumbers A licant Information Please Print Legibly i Name (Business/organizationllndividual): e'6? j'jAJ4-1-10,1 IVAIAOCA,5Ai Address: CC alll� City/StateJZip: liy/�/�(�/GAL/� s�/� /��0 Phone.#: ��1 • ��6 9�DO Are ou an employer? Cb�eck the appropriate box: Type of prof act(required): 1.[ I am a employer with 3� 4. ❑ 1 am a general contractor and I 6 ❑New"construction employees(full and/or part-time).* have hired the Sub-contractors 2❑ I am a sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling " These sub-contractors havo $. �Demolition ship and have no employees employees and have workers' working for me in any capacity. 9. ❑Building addition [No workers' comp:•incirrancc comp•insurance. 10_0 Electrical repass or additions S. [] We arc a corporation and its r�gtnred] ofEcers have exercised their 11.0 Plumbing repairs or additions 3.❑ I am a homeownrr doing all work myself- [No workers' comp. right of exemption per MGL 12 ❑R000f repairs incrrrance required] t c. 152, §1(4), and we hayt*no13.❑ Other " employees. [No workers' comp.insurance required.] *Any applicant that ehcclo:boX#1 must also fin out the section below showing their workrss'eornpursat;on policy infaM-atioru t Homoowners who submit this affidavit mdieahng they am doing all work and then biro outside eantm dors must rubrmt a new affidavit indicating such. XCorntractors that cbmk this box must attacbcd an additional rbcct rbcwing the name of the sub cantr-trna and state wl�ctha or not thosd Gntitirs have rnlployccs. Xthe sub-contractors have arrployces,they roust prr dt their workm-5,comp.pobcy number. I am an employer thid is providing workers'compensation insurance for my employees. Below is the policy and jab site information. Insurance Company Name: e�TIUJ INS, G'D. � _7 Policy#or Self-ins. Lid.#: C'� �(� 3 Expiration Date: .? a Job Site Address: �1� /VAt'(o 11 td t9,7-6 0/ City/State/Zip:.//y/APJ/J/f AM, Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). under Section 25A of MGL c. 152 can lead to the imposition of rrimir;al penalties Of a, Failure to scctse rovers c g as re qusrcd 5ne up to 51,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a find of up to$250.00 a day against the violator. Be advised that a copy-of this statement maybe forwarded to the Office of InveStl ations Oft hr,MA for 1DSU rlc coves c verification. I do hereby Bert[ under the pains•and pert ' of perjury That the information provided above is true and correr4 Si attue: Datr: q 9 Phonc# 9 T 8 . . 1.7 3 4 ofjicw use only. Do not write in this area, to be completed by city or town offcciaL City or Town: Permit/Licen-m# Issuing Authority(circle one): 1. Board of Hea lth 2.Building Department 3. City/Towu Clerk 4.Electrical Inspector 5.Plumbing Inspector 6, Other Contact Person: • Phone#: Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their cmployecs: pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written_" ° An employer is defined as"an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal represcutativcs of a deceased employer, or the receiver or trustee of anindividual,partnership, association or other legal entity, employing employees. However the owner of a dwelling honSe having not more than throe apartments and who resides therein, or the occupant of the iwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house mr on tbn grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." viGL chapter 152, §25C(6) also states that"every stxtE or local licensing agency shall withhold the issuance or -enewal of a license or permit to operate a business or to construct buildings in the commonwealth for any ippTicant who has not produced-acceptable evidence of compliance with the imsuraace coverage required." Wditionany,MGL ohapter 152, §25C(7) states 'Neither the commonwealth nor any of its political subdivisions shall Inter into any contract for the performance of public work until acceptable evidence of compliznce ti'ith the in--surame equircments of this chapter have been presented to the contracting authority." ,pplicants lease fill out the workers' coropensation affidavit completely, by checking the boxes that apply to.your situation and, if ecessary,supply vib-eontractor(s)name(s), address(cs) and phone numbers) along with their ccrtificate(s)of mimncc. Limited Liability Companies(LLC) or Limited Liability Partnerships (LLP)with no-employees other than the icmbcrs or partners, arc not required to carry workers' compensation insurance. If an LLC or LLP does have m ployccs, a policy is required. 13c advised that this affidavit may be submitted to the Dcpartmcut of Industrial ccidents for confirmation of insuramc coverage. Also be sure to sign and date the affidavit The affidavit should returned to the city or town that the application for the pcmlit or license is being requested, not the Department of [dustrial Accidents. Should you have any questions r--garding the law or if you arc rcquizcd to obtain a workers' ,mipcnsa.tion policy,please call the Department at the number listed below. Sclf-insured companies should enter their if inrtiranGC license numbet on the appropriate line. ity or Towlr Officials ease be sure that the affidavit is complete and printed legibly. The Dcparlment has provided a space at the bottom 'the affidavit for you to fill.out in the event the Office of Investigations has tD contact you regarding the applicant case be sure to fill in the permit/liccmc number which will be used as a reference number. In addition, an applicant rt must submit multiple permit/license applications in any given year, need only submit onp off davit indicating current l c;y information(if necessary) and under"Job Site Address" the applicant should write"all locations in (city or frn)."A eapy of the affidavit that has been officially stamped or marked by the city or town may be provided to the plicant as proof that a valid affidavit is on file for f iftne permits or licenses. A new affidavit,must be filled out each ir.Where a home owner or citizen is obtaining a license or permit not rckatcd fo any business or con-no crnial venture % a dog lieanse or permit to bum leaves etc.) said persona is NOT required to eomplcte this aff davit III' c Office of Investigations would Moe to thank you in advance for your cooperation and should you have an questions, ase do not hesitate to give us a call- Department's address, telcphone•and fax number. Tha C6mmanwc-,gth of Mas chusC<tt DgDartment of lnctustrial Accicionts Qfce of Investiptlans 6.00 WashingtQn Street Boston, MA 02111 Tel. # 617-727-490.0 ext 4.06 or 1-M-MASSAFB Fax# 617-727-7749 : 11-22-06 www.mass.gov/dia I - 'Board ��ie Uanvn¢aruaecc�C�,o��/�aaaa�lzueet�a .4 ( } oard of Building Regulations and Standards § Construction Supervisor License j CIS License:CS . 94963 Birthdate 7/26/1968. Expron 3j/2010 ' Resttiction5- MARK WEAVER{{t NW4 S 1 C- 139 PRESERVATION WAYS TIVERTON,ri 02878y Commissioner, j i r 6 Kimball Lane t.781.246.9400 Lynnfield,MA 01940 f.781.246.9401 September 4, 2008 Town of Barnstable Building Department 367 Main Street Hyannis, MA - 02601 RE: CIRCUIT CITY 624 IYANNOUGH ROAD HYANNIS, MA To whom it may concern, Mark Weaver, as an employee of cm&b, Inc., is authorized to apply for a Building Permit for any and all projects that he is associated with. Sincerely, cm& nc. Steve Krauss Chief Financial Officer I i Construction Construction Management Planning www.cmbteam.com F DATE(MMIDDIYYYY) .CERTIFICATE OF LIABILITY INSURANCE 01/02/2008 )411-9600 FAX (781)431-9595 ONLY AND THIS ICONFERS NO RIGHTS UPONTHEFICATE IS ISSUED AS A MATTER OCERTIFFICATEION nce Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR r; ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. am,�treet ,-507 INSURERS AFFORDING COVERAGE NAIC# �leyf MA 02481-3902 20230 wsURERA: Central .Companies M & B Inc INSURERS: Safety Insurance Group 39454 151imball Lane 0007 -t:ynnfield, MA 01940 iNsuRERc: Firemen's Fund INSURER D: INSURER E: - COVERAGES ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED THE ANY ROQUIRS OF EMENTT RM INSURANCE LIST CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THISHIS CERTIIFIICATE MAY BE ISSUEDOR DING MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR DD' TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY CLP 7916563 01/01/2008 01/01/2009 EACH OCCURRENCE $DAMAGE TOREN RENTED $ 1,000,00 300,QQ X COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $ 5,000 CLAIMS MADE RI OCCUR PERSONAL&ADV INJURY $ 1,000,00 A - GENERAL AGGREGATE $ 2,000.00 PRODUCTS-COMPIOP AGG $ 1,.000,00 GEN'L AGGREGATE LIMIT APPLIES PER- PRO-' POLICY X JECT LOG AUTOMOBILE LIABILITY 1900817 01/01/2008 01/01/2009 COMBINED SINGLE LIMIT $ (Ea acddenq 1,000,00 ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per person) X SCHEDULED AUTOS B BODILY INJURY $ X HIRED AUTOS (Per accident) X NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY EA ACC $ OTHER THAN ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY - CXS 7958585 01/01/2008 01/01/2009 EACH OCCURRENCE $ 5,000,00 _ AGGREGATE $ 5,000,00 X. OCCUR CLAIMS MADE $ A $ DEDUCTIBLE $ X RETENTION $ WC STATU- OTHCRY - WORKERS COMPENSATION AND WC 7916562 12 01/01/2008 O1/O1/2009 X E.L.EACH ACCIDENT $ 500,00 EMPLOYERS'LIABILITY - A ANY PROPRIETORIPARTNERIEXECUTIVE E.L.DISEASE-EA EMPLOYE $ 500,00 OFFICERIMEMBER EXCLUDED? ' If yes,describe under E.L.DISEASE-POLICY LIMIT $ 500,00 SPECIAL PROVISIONS below OTHER SHX-000-8876-8932 01/01/2008. 01/01/2009 $ 10,000,000 excess of primary xcess Umbrella $ 5,000,000 umbrella C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS - perations: Construction Management CANCELLATION CERTIFICATE HOLDER _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CM&B, Inc BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR.LIABILITY Construction Management & Builders, Inc. OF ANY KIND UPON THE IN SURER,ITS AGENTS OR REPRESENTATIVES. 6. Kimball Lane AUTHORIZED REPRESENTATIVE Lynnfield, MA 01940 let' Frank Lin and Jr./FEL ©ACORD CORPORATION 1988 . ACORD 25(2001/08) %HE Tp� Sign , TOWN OF BARNSTABLE Permit rti * BARNSTAIB3 MASS. 9�i0TF1.39..�A Permit Number: Application Ref: 200805145 20070218 Issue Date: 10/02/08 Applicant: MDM/RG REALTY LLC Proposed Use: GENERAL OFFICE BUILDING Permit Type: SIGN PERMIT Permit Fee $ 200.00 Location 640 IYANNOUGH ROAD/ROUTE132 Map Parcel 311012 Town HYANNIS Zoning District SPLT Contractor PROPERTY OWNER Remarks 1 WALL SIGN 32 SQ OVR DOOR/ 50 SQ MNUMNT SIGN - CIRCUIT CITY Owner: MDM/RG REALTY LLC Address: 481 MAIN ST BREWSTER, MA 02631 Issued By: p�� ►�,ti POST THIS CARD SO THAT IS VISIBLE FROM THE STREET S ?)-east I.Ji'�� any etvP5fi,6yS, 66 i '-� Town of Barnstable 4L °� . 4 Regulatory Services Thomas F.Geiler,Director -- � Building Division ; Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-8624038 Fax: 508-790-6230 Permit# Application for Sign Permit 'c Applicant:Ea s CGd'S Yn i2a ki Map o4arcel# 3 I I "00 Doing Business As: Telephone No.7,6b gs g,73 ez Sign Location , v Street/Road: &q0 -T MY106Jq� Xm h hl S 6;60 I Zoning District: Old Kings Highway? Yes/No Hyannis Historic District? Yes/No Property Owner Name:. (:i fCiJl CI IY t-y f, U.S. Si%hS Telephone: 7/3 127' -7 l03, Address: I T S R e r i h A W Uf= n, T)< 705 7 Sign Contractor .- Name: EaS-k Telephone: 71/, g.S8'% g3g2- Mailing Address: 17-S Nd C 11,i St-e-e 1 S hsw e6 w A0- d2 i w .Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new.sign."This should be drawn on the reverse side'of this application. 1 j-eo5,. ` S.e e- y4 f}oc I PO Is the sign to be electrified? e ko {Vole:/ryes,'o wiring permit it regriiird} three }a}-a) S��►'�S Width of building face jae_ft.x 10= x.10= Sq.Ft.of proposed sign l�I ea Se I hereby certify that I.am the owner.or that,I have,the authonty.,of the owner to make this application,that the ` information is correct and that the use and construction shall conform to the provisions of 9240-59 through§240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent.- •,> o cJo Date: $, a 0, O rJ/J FASfi �oas1- S��i'� Permit Fee: iAv f Iron y4�h t Sign Permit was approved: Disapproved: Signature of Building Official: Date: In order to process application without delays all sections must be completed` Rev.9/12/06 , t ' 1 Town of Barnstable s Regulatory Services ° BAMS OM ` Thomas F.Geiler,Director 639. Building Division Thomas Ferry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.mamus Office: 508-862-4038 Fax: 508-790-6230 SIGN PERMrr REQUIREAIENTS I. photograph shoring the existing facade,on which has been indicated the proposed° IIJsign location. The photograph is to include a portion of adjoining stores or building. F 'r a proposed building or new facade,an architect's elevation may be submitted in teu of a photograph. 2.. A scale drawing of the proposed sign. A scale drawing indicating: 1) The type of proposed sign(wall, hanging,free standing) 2) Dimensions of the proposed sign and any designs;logos,or lettering 3) A cross-section with dimensions showing edge detail. Minimum scale 1"= 1'.Minimum sheet size, 8.5 x 11". 3. A scale drawing of the bracket A scale drawing indicating dimensions, color, materials and method of affixing it to the sign and to the building. Minimum scale I"= 1'. Minimum sheet size, 8.5 x 11". 4. ZAcompleted Town of Barnstable Sign Application, including scaled diagram showing location of sign on building.or location of free-standing sign. Show di ensionS. 5. The width of the building face. NOTE: the map/parcel number is required on the application. Rev. 9/12/06 41-011 lg n eGLahINWIgIN S ®® 10" N 4'-6" N EXNNNEI LETiEiI WInN � z w r 0 Houston Dallas ti rn �3"x 3"SQUARE TUBE SUPPORT g Buffalo EXPOSED TO CEILING STRUCTURE TIE-IN a w Houston Corporate Office 3 1800 Bering Drive t•' Suite 700 O Houston,Texas 77057 w 713-977-7900 3 FAX:713-977-7903 0 O W N_ tO Q O S —3"x 3"SQUARE TUBE SUPPORT Z c MOUNTED TO CAB.BACKSIDE a 0 o i INTERIOR °z Ln LU o ❑o Z �++X r z Z ILLJ t- m Do O 3 u El CI ° y Address: CC#3723 - 9 4 6" 112:V4' O 2 ;i c7 city: HYANNIS EL N ' State: MASSACHUSETTS 5.. CABINET. 28.27 SOFT o Account Rep: D.fRANSON 6' LOGO CABINET & 9 3/4" CHANNEL LETTER LAYOUT ELEVATION TOTAL SQUAREFOU AGE: 31.91SOFT a Sales Rep: S.BERRYMAN 0 APPROVALS (1) ONE SET REQUIRED SCALE: 3u8'°=1y-o" O CLIENT i DESIGN cc PROD. SPECIFICATIONS: LOGO CABINET SPECIFICATIONS: CHANNEL LETTERS y Designer: M.HOPENS REVERSE HALO-ILLUMINATED CHANNEL LETTERS AND RING ON PAN BACKGROUND. 1. 5"DEEP ALUMINUM LETTER RETURNS AND FLAT ALUMINUM BACKS(FACES) a 1. 5"DEEP ALUMINUM LETTER RETURNS AND FLAT ALUMINUM BACKS FACES PAINTED WHITE. WITH BRUSHED ALUMINUM FINISH. w Design No. Us150g5g-Rg (FACES) - � ILLUMINATED OPTION 2. ALL LETTER/RING INTERIORS ARE PAINTED LIGHT ENHANCEMENT WHITE. 2. LETTERS ARE NON-ILLUMINATED. m , DATE D3.12.08 3. LETTERS/RING ARE BACK-SIDE CLOSED UP A CLEAR ACRYLIC LENS. 3. LETTERS ARE MOUNTED TO A CONTINUOUS 2"X 5"CUSTOM RACEWAY THAT 4. LETTERS/RING ARE INTERNALLY ILLUMINATED WITH WHITE USLED LED MODULES. IS MOUNTED TO(2)TWO 2"X 2"VERTICAL TUBE SUPPORTS TIED INTO DECK. N Rev.Date: 09.10.08 5. LETTERS/RING ARE PIN MOUNTED 2"OFF PAN BACKGROUND. 4. ALL SUPPORTS AND POSTS ARE PAINTED A CLOSE MATCH EXISTING BUILDING 0 6. RING IS CLOSED-IN AROUND OUTSIDE PERIMETER WITH ALUMINUM PAINTED WHITE. MULLIONS OR DECK STRUCTURE. z DESCRIPTION PAN BACKGROUND 5. ALL LETTERS ARE TO HAVE NO VISIBLE ATTACHMENTS POINTS ON RETURNS, W SIGNAGE CONCEPTS - 7. 3"DEEP.090 ALUMINUM PAN STRUCTURE WITH FACE PAINTED MATCH PMS-485 RED ALL ATTACHMENT POINTS TO BE ON BACK OF LETTERS AND FINISHED SMOOTH A. RETURNS AND FLAT ALUMINUM BACK ARE PAINTED WHITE. FOR INVISIBLE APPEARANCE. LL SPECIFICATIONS: MOUNTING z 8. LOGO CABINET IS MOUNTED TO BUILDING CEILING STRUCTURE WITH(2)TWO a seller harmless 3x3 purchaseragreea SQUARE TUBE SUPPORT BRACES MECHANICALLY MOUNTED TO BUILDING Z T Z The heme env aaNae mr alien to hid the he damage Wmuh AND BUILT AS PART OF CABINET STRUCTURE. w may occur as a result.1 drilling 1.1 pi..see o mundagans,Induding het am needed to.-.,, yq gee NnCs ereny endelgmandeh't.*'wh"me pa ehasereraihen mx/deem INSTALLATION DETAILS ARE SUBJECT TO CHANGE AFTER AN EXTENSIVE FIELD SURVEY IS COMPLETED. Yelaahle. 101, 5"Deep Aluminum Letter Return:PTM White ' ®® Z 0 Interior Attachment Clip&Pan Head Screws PI ¢ Dallas WBuffalo-Austin a Letter Interiors Painted White W Flat Clear Polycarbonate Lens RE Houston Corporate Office3 1800 Bering Drive Suite 700 White LED Module If 'o Houston,Texas 77057 713-977-7900 3 FAX:713-977-7903 3"Deep Background Cabinet Section N Visible Face Area PTM PMS-485 Red o 5"Deep Aluminum Letter Return:PTM White o D N t— >m. D 2 Attachment Clips z W X a Z W Z White LED Module Electrical ' Transformer ° w Address: CC#3723 v Located within Flat Clear Polycarbonate Lens Interior Wall ° Area,Enclosed City: HYANNIS within a rr Protective Case It' State: MASSACHUSETTS Non-Corrosive Mounting Post Box Z Account Rep: D.FRANSON a Sales Rep: S.BERRYMAN J ran APPROVALS 1/4,Weep Holes ° CLIENT aDESIGN ir PROD. 5"Deep Aluminum Letter Return:PTM White a Designer: M.HOPENS Installer To w Design No. Us150959-R9 ILLUMINATED OPTION Have Access %"Aluminum Retainer w/Interior Clip DATE 03.12.08 &Pan Head Screws To Interior Area. y Rev.Date: 09.10,08 Visible Cut-Off Switch with Protective Cover Final Electrical Hook-Up B DESCRIPTION White LED Module Elects c any Z SIGNAGE CONCEPTS Flat Clear Polycarbonate Lens Z W 3:6 Z t/4"Weep Holes z The pureha,erap—tstroldtherellerharmless 5" .In 3,r s x wee ro es u xnrapaso N a¢amst any..a far anion to,damage which umaxxu myxEG enxoaaoa W may occur as a result of drilling for plan and a loundather..Whoding but not IMded to sewer, 0l yr, N gaelineaar any Underground obstacles which ma ELECTnIC 61GM =ll purchaser or others may deem saleable. I— z z z z - Lu D. llas !i = z o N go C7 ¢ Houston Corporate Office 3 1800 Bering Drive � Suite 700 pHouston,Texas 77057 713-977-7900 FAX:713-977-7903 O W N^ 6 O BUILDING FRONT (WEST) ELEVATION o o SCOPE OF WORK SCALE: 1/32"=1'-0" 1. FABRICATE, SHIP AND INSTALL(1)ONE NEW 6'ROUND ILLUMINATED LOGO SIGN &6"NON-ILLUMINATED. o 0= W m CHANNEL LETTERS WSUPPORT STRUCTURE. W X a � Z W JJ Ir N 6'-0' oC� Ir y Address: CC#3723 0 x 0 pity; HYANNIS = State: MASSACHUSETTS ~ In Account Rep: D.FRANSON z a Sales Rep: S.BERRYMAN ' J (n APPROVALS O CLIENT a DESIGN it PROD. O yq Designer. M.HOPENS a w Design No. Us150959-R9 w ILLUMINATED OPTION CO DATE 03.12.08 to R. Date: 09.10.08 rn 0 Z DESCRIPTION w SIGNAGE CONCEPTS z L 1 :6INSTALLATION Z ARE PRELIMINARY AND MAY VARY a BUILDING FRONT (WEST) PARTIAL ELEVATION Z 88nsl ny umefo to MN me aelleg.01m COMPLETED � g Inal any rouse for action for damage rM0 Wmay occur as a-0 of ddlling W Dien and 0 taundallar"Indudinp am not hm tad 1.carer, Cn gay llnea—y.rd"g and ab.twi hichm. SCALE: 3/32"=1'-0" = Ourchaserarotaen maydeamraluaEle. r y z to N } m � z O N N W a 1B" w y Is 2"3 ¢ Houston Corporate Office 10_D 8r I- 1800 Bering Drive M Suite 700 O Houston,Texas 77057 713-977-7900 3: FAX:713-977-7903 0 N p Z ` O z oIr �m c o J= } itsd W a W z W H5 �_ ` mk'A Do s g w Aadrese: CC#3723 O h— . x city: HYANNIS D/F ILLUMINATED MONUMENT SIGN STRUCTURE - State: MASSACHUSETTS o Account Rep: D.FRANSON z (1) ONE STRUCTURE REQUIRED SCALE: 3/8"=1'-0 Sales Rep: S.BERRYMAN H APPROVALS O Q. CLIENT SCOPE OF WORK SPECIFICATIONS a DESIGN ¢ PROD. 1. FABRICATE,_SHIP AND INSTALL(1)ONE NEW D/F MONUMENT, ROUND LOGO FORM: REVERSE HALO-LIT LETTERS o SIGN STRUCTURE. 1. 3"DEEP ALUMINUM RETURNS AND FACE.(BACK) PAINTED WHITE. o Designer: M.NOPENS 2. LOGO INTERIOR IS PAINTED LIGHT ENHANCEMENT WHITE. Design No.ILLUM NATEO90PTI09 SPECIFICATIONS 3. INTERNALLY ILLUMINATED WITH USLED WHITE LED MODULES. m DATE 03.12.08 1. 8" DEEP ALUMINUM CABINET FILLER AND POLE COVERING WITH A 4. LOGO IS A DIGITALLY PRINTED GRAPHIC ON WHITE VINYL AND Rev.Date: os.lo.oa STUCCO FINISH THAT MATCHES COLOR BUILDING FINISH. APPLIED TO PAN FACE FIRST SURFACE. CIRCUIT CITY LETTERS: REVERSE HALO-LIT LETTERS : 5. CABINET BACKGROUND IS PAINTED BLACK. DESCRIPTION 2. 3"DEEP ALUMINUM RETURNS AND FACES(BACKS)PAINTED WHITE. 6. LOGO IS PIN MOUNTED 2"OFF FACE WITH NON-CORROSIVE o Z SIGNAGE CONCEPTS 3. ALL LETTER INTERIORS ARE PAINTED LIGHT ENHANCEMENT WHITE. MOUNTING HARDWARE. Z 4. INTERNALLY ILLUMINATED WITH USLED WHITE LED MODULES. Z 6:6 7 5. CABINET BACKGROUND IS PAINTED TO MATCH PMS-485 RED. z Z TAa purchaser epreeam Mid the mbar harmmas 6. LETTERS ARE PIN MOUNTED 2"OFF FACE WITH NON-CORROSIVE N against occur s a emr aollanlin dar ilium and W may ossur as a reaug of drilling for piers and MOUNTING HARDWARE. o mundagans,Including but nal limbed m rower, N gas lines or any underground obstacles which the = purchaserarothersmaydwmyaluable. F z Z N N m Z r, 0 Houston- ti N Dallas I � w Buffalo-Austin a 2 w 0 ¢ Houston Corporate Office - HSS lox 10 3 1800 Bering Drive Suite 700 3"x 3"Square Tube Support 8 = Houston,Texas 77057 713-977-7900 3 FAX:713-977-7903 c Q T w aD - O Z S/F Logo Sign Cabinet 0 aezD O o Do z N Q~ o cc �m cc ae=D o ❑o W= J 6 _ - a zu W " LETTER INSTALLATION +�' MUST BE ON SAME PLANE - - E2 D • _ AS ILLUMINATED WALL 9 CABINET 2 -----Reverse Ch.Letters(non-ilium.) w Address: CC#3723 CM N la --- D of 7 \t - OF -- - 1 Channel Letter Support Structure o - t7 HYANNIS i . i — tY J 2 t S I = State: MASSACHUSMS t . u_ t I z Account Rep: D.FRANSON < Sales Rep: S.BERRYMAN LL - 0 APPROVALS Metal Stud Cross Structure .- SEE PAGE 4 FOR SCALED SECTION DETAIL VESTIBULE CLIENT Qt _ a DESIGN PROD. N Designer: M.HOPENS w Design No. U050959-1119 ' ILLUMINATED OPTION m DATE 03.12.08 I N Rev.Date: 09.10.08 Z DESCRIPTION Q w SIGNAGE CONCEPTS +' x INSTALLATION1 Lu ARE PRELIMINARY AND MAY VARY c9 AFTER AN EXTENSIVE FIELD SURVEY IS COMPLETED < Z 4:6 BUILDING SECTION THRU (W/SIGNAGE INSTALLATION) ELEVATION Z 7be parches erepress kbeld the alter harmless0 agalnn arty cause bar anion far damage rMcb ' fr f f+ LU may acsur as a resux 0 drillmo Idr piers aad SCALE:3/16 =1 -0 O to edam's,Iaiudlrtg bad —ad be sewer, N gas Imesvaey emla'gamml alslackswhich Um = gurahasermoarersmaydeemralaabla. r v5 z Reverse Ch.Letters - Z (non-ilium.) 0 2� 0 Houston-Dallas W . a z ` Q Houston Corporate Office $ 1800 Bering Drive - j Suite 700 A 7 O Houston,Texas 77057 a u F 713-977-7900 3 FAX:713-977-7903 0 w N •. �'., O a � Z Channel Letter 49 1 0 13=1 O Horizontal Support Bar ~F- °° Q LU ChanneL'Letter , _ _ .. - 12 3/a" Z D= W X Vertical 2x2 Support Stalk n A Z w a Metal'Stud W y - Cross Structure IM Lu Address: CC#3723 4„ o T city HYANNIS LL' State: MASSACHUSETTS x a Account Rep: D.FRANSON co J ¢ ales Rep: S.BERRYMAN r- o Angle-Iron Bracket M a S I uJ APPROVALS - Fab Into Cabinet o CLIENT 1 &Mech Fastened DESIGN To Structure PROD. ` 0 Designer: M,HOPENS w Destyn NO'ILLUMINATED • - _ _ � ILLOMINATEO OPTION - r m DATE D3.12 OB t N Rev.Date: - 09.10.08 z DESCRIPTION. w SIGNAGE CONCEPTS .. O 6 5:6 6" " The to held the nilarharmlaca apalmintl any rouse fir action far tlamage rhhh r W may occur as a result of tlrilOnA for piers and - .t . `• ' 2,—nfl ,, p tountlatlone.IMlutlin0 hm nal hmhetl to—K. :. U - f, , „ Ln go,One.m.y undegmundahstack.which Me SCALE: 1 M =1 -0 —° = yarchaserarothers may doom valuable. r !/J Z 8f,0„ 6f,Orf H H m I I I i z y - - _ Ncc • • • • E a O w 9,47 ��c Houston Corporate Office M 24" .11. L 1800 Bering Drivo 700 Houston,,Texas 77057 tt 713.977-7900 3 FAX:713-977.7903 0 BUILDING FRONT (WEST) ELEVATION o o SCOPE OF WORK .A SCALE: 1/32"=1'•0" `n V' 1. FABRICATE, SHIP,AND INSTALL(1)ONE NEW 6' ROUND ILLUMINATED LOGO SIGN&6" NON-ILLUMINATED w CHANNEL LETTERS W/SUPPORT STRUCTURE. LU 2. FABRICATE, SHIP AND INSTALL (1YONE S/F NON-ILLUMINATED CAR INSTALLATION SIGN?PANEL. z Z D 6'-0 r, N f Q uJ CC a 2a ` n / y Address: — city: HYANNIS — U, State: MASSACHUSETTS • — — 0 Account Rep: D.FRANSON Sales Rep: S.BERRYMAN APPROVALS: O CLIENT DESIGN 91.011 It PROD. O M.HOPENS Designer: t Deslgn No. US160959•REA ILLUMILLI NATED OPTI� f m DATE 03.12.0E Rev.Date:-06.1E.OE - Z DESCRIPTION w SIGNAGE CONCEPTS z 1 :7 BUILDING FRONT WEST PARTIAL ELEVATION r4 Tha azta wages tnhaonfavollmha wMch 1 , agalncl aM came for otllvn far damage welch 1■ ono(WEST) to may actor ea a mum ut Arm s for pen 0 laultlalloa,Inch®lrp but nm Iltdle0 WNW gaslinearawlurerproaeGohctaclawhlchthe SCALE: 3/32„_1,.0„ purchaserarothart. decravalvahlh. y 6'-011 0 10° cIw•+e«�n•vn•n m z O P rn ----3"x 3"SQUARE TUBE SUPPORTcc EXPOSED TO CEILING STRUCTURE TIE•IN a • ' ' z Houston Corporate Office �3 1$00 Bering Drive 700 Houston, n, e Texas 77057 kk 713-977-7900 3 FAX:713.977.7903 o Fo `f o —3"x 3"SQUARE TUBE SUPPORT Q Z c B MOUNTED TO CAB.BACKSIDE o v 0, / INTERIOR Z t, 8• .. S2 Q� > o LU J= Lu aI Z m c W CC#3723 $e/41' 6 `r = Address: 12 3/4 h Ir ¢ city: HYANNIS = State: MASSACHUSETTS NET: 28.27 SQ F Account Rep: D.FRANSON 6' LOGO�CABINET &-9 3/4" CHANNEL LETTER LAYOUT ELEVATION TOTALSQUAREF`ETTER: 31.91SOFT sales Rep: S.BEflflYMAN (1} ONE SET REQUIRED SCALE: 3/8"=l'-O" APPROVALS CLIENT m DESIGN IL D: PROD. :3 . SPECIFICATIONS: LOGO CABINET SPECIFICATIONS: CHANNEL LETTERS y Designer: M.HOPENS REVERSE HALO-ILLUMINATED CHANNEL LETTERS AND RING ON PAN BACKGROUND. 1. 5"DEEP ALUMINUM LETTER RETURNS AND FLAT ALUMINUM BACKS(FACES) o Design Us150959-R8A No. - 1. 5"DEEP ALUMINUM LETTER RETURNS AND FLAT ALUMINUM BACKS(FACES)PAINTED WHITE. WITH BRUSHED ALUMINUM FINISH. UMINATEDOPTIONI 2. ALL LETTER/RING INTERIORS ARE PAINTED LIGHT ENHANCEMENT WHITE. 2. LETTERS ARE NON-ILLUMINATED. g DATE 03.12,08 3. LETTERS/RING ARE BACK-SIDE CLOSED UP A CLEAR ACRYLIC LENS, 3. LETTERS ARE MOUNTED TO A CONTINUOUS 2"X 5"CUSTOM RACEWAY THAT• °0 4..LETTERS/RING ARE INTERNALLY ILLUMINATED WITH WHITE USLED LED MODULES. IS MOUNTED TO(2)TWO 2"X 2"VERTICAL TUBE SUPPORTS TIED INTO OEM,_ ." y Rev,Date: 06.16.08 , 5. LETTERS/RING ARE PIN MOUNTED 2"OFF PAN BACKGROUND. 4. ALL SUPPORTS AND POSTS ARE PAINTED A CLOSE MATCH EXISTING BUILDING 6. RING IS CLOSED-IN AROUND OUTSIDE PERIMETER WITH ALUMINUM PAINTED WHITE. MULLIONS OR DECK STRUCTURE. _z DESCRIPTION PAN BACKGROUND 5. ALL LETTERS ARE TO HAVE NO VISIBLE ATTACHMENTS POINTS ON RETURNS,, SIGNAGE CONCEPTS 7. 3"DEEP.090 ALUMINUM PAN STRUCTURE WITH FACE PAINTED MATCH PMS-486 RED ALL ATTACHMENT POINTS TO BE ON BACK OF LETTERS AND FINISHED SMOOTH A. RETURNS AND FLAT ALUMINUM BACK ARE PAINTED WHITE. FOR INVISIBLE APPEARANCE. SPECIFICATIONS: MOUNTING ° 8. LOGO CABINET IS MOUNTED TO BUILDING CEILING STRUCTURE WITH(2)TWO z 3x3 SQUARE TUBE SUPPORT BRACES MECHANICALLY MOUNTED TO BUILDING " y e�pams-hala�ue°hrleclm If.of eplmewtl�n AND BUILT AS PART OF CABINET STRUCTURE. o m—dwam,,WINm m.d Hued m a " y p.Linn aenv oneeryn.d.bt.CIN Old nle INSTALLATION DETAILS ARE SUBJECT TO CHANGE AFTER AN EXTENSIVE FIELD SURVEY IS COMPLETED. purthesera ohenmeyAeemWuaele. z 10"_ . ®� 5"Deep Aluminum Letter Return:PTM White � z � . Interior Attachment Clip&Pan Head Screws ccHP , • a z Letter Interiors Painted White w Houston Corporate Office Flat Clear Polycarbonate Lens 1800 Bering Drive suite 700 White LED Module = Houston,Texas 77087 kk 713-977-7900 3 FAX:713.977-7903 c 3"Deep Background Cabinet Section a: Visible Face Area PTM PMS-485 Red o 5"Deep Aluminum Letter Return:PTM White— " g m o uu ❑ .. Attachment Clips a W W z fz m D „ White.LED Module . . Electrical N Transformer CC#a7za w Address: Located within OR Flat Clear Polycarbonate Lens Interior Wall - Area,Enclosed c, city: HvaNNis within a Protective Case Lu state: MASSACHUSETTS D.FRANSON' 43 Non-Corrosive Mounting Post Box o Account Rep: Sales Rep: S.BERflYMAN vq� APPROVALS 1�4'.Weep Holes �� � - apo CLIENT - a DESIGN 4 r ? PROD. ' - y Designer: M.HOPENS 5"Deep Aluminum Letter Return:PTM White Installer To DealflnNe. usiso9se-flea ILLJ Have Access u IRa1 DOPTON W Aluminum Retainer.w/Interior Clip To Interior ? DATE,09.12,08 &Pan Head Screws Area. Rev.Date: 06,16.08 Visible Cut-Off Switch with Protective Cover Final Electrical Z DESCRIPTION White LED Module Electric any Z SIGNAOE CONCEPTS Flat Clear Polycarbonate Lens W z i7 114"Weep Holes - - z The Purchaser carom to hole the roller harmlen 5" 2" 3" Atep m wsmaeei.Aw A.mmn ow) eoslost emy setae for iusi n far Wave which AND NAL na.Eu7.stAmAlwe w map eeeor beo result of drilling for pen ate ©UsOnam Q foundation,InclUeloa he not IIm11011 to sowm, lw.UW..,s 'n gas lines a any uMehommd obstacles which the 6...$,ap — Purchmeroralhon may deem valtahle. z . y } m 2 y cc ¢ w • IL w 0 Houston Corporate o Dte Office HSS 10 X 10 SuNe 700 3"x 3"Square Tube Support o = Houston,Texas 77057 kk 713.977-7900 3 FAX 713-977-7903 - WoW cc Ti N cc �� Z o I 8/f Logo Sign Cabinet 8 � a I Z to o g • , G iJL.a..l 8 a D Ai1 LETTER INSTALLATION t - MUST BE ON SAME PLANE G - _ ❑G7 AS ILLUMINATED WALL �C CABINET 2 O It Reverse Ch.Letters(nod•10um.) US Address CC#3723 o CIS R Chandel Letter Support Structure - 1 0 city: HYANNIS ui state: MASSACHUSETTS LA. i o Account Rep: D.FRANSON 166 s ✓ zd £ — — , salsa Rep: S.BERRYNIAN u. / Metal Stud Cross Structure / � APPROVALS SEE PAGE 4 FOR SCALED SECTION DETAIL ,ST. E//// CLIENT T a. DESIGN _ PROD. y Designer., WHOPENS I O DesIgnNo. Us150959•RSA ILLUMINATED OPTION I 2 DATE 03.12.08 m • y Rev., Date: 06:16.08 DESCRIPTION w SIGNAGE CONCEPTS 1 z 1 1 1 � BUILDING SECTION THRU (W/SIGNAGE INSTALLATION) ELEVATION 'T:7 Th.pu theist e®eeiohold the Sella he mlmt -- --• (�/��Lt Q +Q y ..vg.In'tocany cage for solo"tard••e i Well SCALE:3/ 6"=li-oii 0 Itudalas,Included but not cur.8 a mull of lHaledo t"'; rn pat ltnos a Shy umlerpre of Mutated w01c0 oe punhesuror othen may date 90 ehle. y Z a y Reverse Ch. Letters ( Z (non-ilium.) 2„ N W w Houston Corporate Office 3 1800 Bering Drive 5 - Suite 700 - Houston,Texas 77087- kk 713.977-7900 3 FAk 713.977-7903 • s • o Channel Letter 4" Horizontal Support Bar �= Channel Letter 12 3%4' z ° w Vertical W Support Stalk c t 6„ m ° , Metal Stud � % H Cross Structure " w Address: CC#3728 4„ o IF city: HYANNIS — tu Stater MASSACHUSETTS G Account Rap: 1).FRANSON oo `� Sales Rap: S.BERRYMAN C2 Angle-Iron Bracket 0 APPROVALS Fab Into Cabinet o CLIENT I &Mech Fastened a DESK" - ¢ PROD. -To Structure o M.H ¢ Designer: . OPENS o Design No. Us150959-R81A ILLUMINATED OPTION CD DATE 03.12.08 CD rn Rev.Date:,06,16.08 2,, a L 2 DESCRIPTION + W SIONAGE CONCEPTS z W 5:70 6„ 12" 6» - Z The punhe[eeyen to hale the seller homing. J _ y apeln,t eery Como to,action far canape which - W mry ocue a,a ramp of enllao for pen one 2'-0[, a loumatlemne[m,In haP a bet not laectee le am,, /Z �1'-I)" y pe,limryeMerg—al ahAeclea which the SCALE. 1 " T Wrchamraeh-haNdeemuehehle, y . z y y 2" z 69-0ff 2 � W • a z a FHouston Corporate AHiae 00 Bering DrivO } 5 Suhe 700 ❑ ❑ / He 7 97 13-977-7900 N 5,t 2- E 191 FAX:713-977-7903 ho ( :) 09[m � o Z O y cc cc '� T w>C S/F NOWILLUMINATED_MALL SIGN ELEVA RN m �? (1) ONE REQUIRED SCALE: g/a"=1'-0" S lAddress:. .... cc#$723 SPECIFICATIONS: Zlt 1. 2" DEEP.090 ALUMINUM PAN PANEL WITH RETURNS �' City: HYANNis PAINTED MATTHEWS#STN-202 MATTE WHITE. w state: MASSACHUSETTS 2. FACE (LEFT SIDE) IS PAINTED TO MATCH PMS-485 RED. c Account Rep: D,FRANSON 3. FACE(RIGHT SIDE) IS PAINTED BLACK. 3/8"Alum! 4in Bo_It w/Washer Sales Rep: S.BERRYMAN 4. CAR INSTALLATION COPY IS OPAQUE WHITE VINYL ,Qg "Aluminum APPROVALS OVERLAYS APPLIED FIRST SURFACE. ! O CLIENT 5. LOGO IS DIGITALLY PRINTED GRAPHIC ON WHITE V YL 1 "p Q. DESIGN APPLIED TO FACE FIRST SURFACE: /a Lags a Shields o PROD. ` 6. SIGN PANEL IS NON-ILLUMINATED. y Designer: M.HOPENS 7. PANEL IS MOUNTED TO WALL WITH CONC , ED, NOW I Design No. Us150959 RSA ILLUNIINATEQ OPTION Concealed Aluminum ip CORROSIVE FASTENERS. Drilled 8�Tappe # m DATE 03,,2,oB y Rev.Date: 06.16.08 Aof DESCRIPTION SIGNAGE CONCEPTS f w ` z 6:7 d� Th.0 Oiv eQGm 1.hold the ullClhOrrnN. old N .ry cnma eofd tar for plo wood .—it at arIIM9 Mr Plms enE ` n � ` � /� 7 IauMMkro,Iaclu®ng bW aol IImIhN to oeweR I J�1J✓/J— �1t � ���� y .Ilan merry uMeremuotl ohsteule.aoch me U� � purthesarmmhunmry0eam uauahle. e z 18" N 7 w . . a z w Houston Corporate Office 1800 Bering Drive oa a 5��8 70O Houston,Texas 77057 0 tt 713.977-7900 3 FAX:713-977-7903 q L1 Ki 0 y T 0 i p z ° yLU 1 a� g I �; W J z a Z ¢ 1 _ ° � Address: CC#3723 - / o City: HYANNIS D F ILLUMINATED MONUMENT SIGN STRUCTURE �� � S . = state: MASSACHUSETTS / ~ B,FRANSON c Account Rap: (1) ONE STRUCTURE REQUIRED SCALE: 3/8"=1�-0, Sales Rap: S.BERRYMAN APPROVALS CLIENT SCOPE OF WORK a SPECIFICATIONS a¢° Des16N - r - ¢ PROD. 1. FABRICATE, SHIP.AND INSTALL(1) ONE NEW D/F MONUMENT ROUND LOGO FORM: REVERSE HALO-LIT LETTERS o SIGN STRUCTURE. 1. 3" DEEP ALUMINUM RETURNS AND FACE(BACK)PAINTED WHITE_. a Design M.HorENs ner: " 2. LOGO INTERIOR IS PAINTED LIGHT ENHANCEMENT WHITE. Design ILLUMINATEDOPrON SPECIFICATIONS -3. INTERNALLY ILLUMINATED WITH USLED WHITE LED MODULES. m DATE 03.12.08 1. 8" DEEP ALUMINUM CABINET FILLER AND POLE COVERING WITH A 4. LOGO IS A DIGITALLY PRINTED GRAPHIC ON WHITE VINYL AND y Rev.pate: 06, .08 STUCCO FINISH,THAT MATCHES COLOR BUILDING FINISH._ -APPLIED TO PAN FACE FIRST SURFACE. - Z CIRCUIT CITY LETTERS: REVERSE HALO-LIT,LETTERS 5. CABINET BACKGROUND IS PAINTED BLACK. E ] DESCRIPTION 2. 3" DEEP ALUMINUM RETURNS AND FACES (BACKS)PAINTED WHITE. 6: Z LOGO IS PIN MOUNTED 2"OFF,FACE WITH NONCORROSIVE SIONA©E CONCEPTS 3. ALL LETTER INTERIORS ARE PAINTED LIGHT ENHANCEMENT WHITE. MOUNTING HARDWARE. W 4. INTERNALLY ILLUMINATED WITH USLEO WHITE LED MODULES. ".' 7 e 7 5: CABINET BACKGROUND IS PAINTED TO MATCH PMS-485 RED. ; Thepumhaaeragreas to hold lheseller harmlar 6. LETTERS ARE PIN MOUNTED 2" OFF FACE WITH NON-CORROSIVE - y adalnsl. .. for e.1 MR daaade wre d omry occur of a remll at ddlllnd for Alen a10 Iou MOUNTING HARDWARE. Meuaaa,Mduanp bul nc111mI1M to:swag N �slinef aaM uaderymundobslacles whichtle T purch.wor lhenmrydecmvoluabla. i � s-��-� �� �� � ,� b � ; � � � � k � ��� � 1 � � `c � --- �� I { �� �. y,,oF-TKE Town of Barnstable . Regulatory Services BARNSTARLE MAS& Thomas F. Geiler,Director rEDMA1a Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: Dkn ATTN: FAX NO: RE: (?,i rc a FROM: DATE: 9 PAGE(S):- 3 (INCLUDING:COVER SHEET .Rev;12.1901 Town of Barnstable—Zoning Board of Appeals— Decision and Notice 'Conditional Use Special Permit No.2008-011 —Berkshire Development Mitigation Property and transfer into the Town's ownership, shall be executed. Proof of the transfer of the two lots to public ownership shall be submitted to the Zoning Board of Appeals. 7. Signage shall comply with the Town of Barnstable's Zoning Ordinance. No variance from the zoning requirements for signage shall be issued from the Zoning Board of Appeals and no nonconformity in signage shall be applied to the redevelopment of the Property. Signage shall be substantially represented to the Board in the illustrated building elevations submitted. There shall be no signage added to the exterior of the building, including signage adhered to the surfacing of the window placed there so as to be visible to the outside, signs that display a sale price, and/or pictorial representations of electronics that are for sale. Window display of merchandise is encouraged over signage. 8. The development shall be required to meet all applicable building and fire codes. All Fire Department requirements shall be met, including but not limited to stand pipes, fire hydrant locations and interior building sprinkler system. 9. All on-site dumpsters shall be screened and shall meet all Board of Health regulations. The store shall properly dispose of all waste materials and shall recycle, to the extent practical. As the property is in a Groundwater Protection Overlay District, it shall comply with all restrictions of Section 240-35 except as may be granted relief in terms of lot coverage by impervious surfacing by Special Permit No. 2008-012. 10. The building shall be connected to public water and to the Town of Barnstable Wastewater Treatment Facility. 11. Upon the issuance of a building permit for the redevelopment authorized herein, Special Permit No. 1984-69 authorizing a restaurant use on one of the subject lots, shall become null and void. and all rights authorized in that permit shall expire. 12. The Applicant shall install no-left turn signs on Route 132 clearly identifying that the ingress to the property is a right-turn in and,right-turn out only. The nature of the signage and location shall be reviewed by the Town of Barnstable prior to its installation. 13. The landscaping plan shall be implemented, or a cash bond as determined by the Growth Management Department, and posted with the Town prior to the grant of an occupancy permit for the store. The trees that are identified on the plan as being retained shall be retained and incorporated into the landscape plan. 14. The Applicant shall attempt to secure a pedestrian walkway connecting the Property with the abutting McDonald's restaurant to the west. If the access cannot be secured, the Applicant shall create a walkway from their parking area out to the public way on the west side of the site exit drive. The walkway shall be installed to the specification of the Department of Public Works . The added pavement to create the pedestrian walkway shall not be included in the lot coverage as it is being requested by this Board for the convenience and safety of the public. 15. In the future, the Applicant shall cooperate fully with the Town of Barnstable in implementing improvements to Route 132. To that end, should the Town of Barnstable determine that added right-of-way is necessary for improving Route 132, the Applicant shall assent to an easement of up to 20 feet wide over the Property as it abuts Route 132. I7 Z ''l Lu Lo WL 47 �p R 'SIGN ��� B1CYCl.E 2L, RIF Ec, 12' i / ( t .'__:•eT. 8 SWANK g>JItD 6 BI( 0 001 i.- P Rg-31 lC o& E PATI( r R7- 10 2p� a �LO; r? C �`d L( fTS ;��alp�EAT10N ` ti--.q AND (TV) UP 893/1 _ NU S\ ,• , PCC W/TRANS SO' FLOOD , iT 4PFD 3' 15' l= ���� �� 2g1.85' OA, S ZEA iAND PINES'' 15T1NC rRE L.A } \\ p REM AItJ �� TESVXT �- fa AK t � t JUPnf42;2 t n S'I�rSISERS \' s' � _ L.00D h i 41. LIGH IT �.� 1: �. 'Q .• 10'x2 PLA R. to `�� pONSED S GN r;y , ••• 40R °` =F 4L-7 i�1 t.AO'7 ; ti P ,:4.63' _FLOOD LIGHTS 2R 3_5R uR, N R5—� R MCRR �, ' '--------�___•�-_._�_ BLE STRIP DYL. 180 WIDE CONCRETE -- ISl AND'pERiM vcc BENCHMARK 1 l ; RAILROAD SP1kE IN UTILITY POLE ELEVATION--57 g- ' f i ? a 30 BED g F3CYt E TRANCE OABLEROOF WIT.H.SHINGLES-ON " PLYWOOD AND COLD ROLLED METAL TRUSSES '- - CLAPBOARD SIDINO 18'-0'AFF CLEAR INTERIOR - PAINTED GOLD O ENTRY DORMER WITH SHINGLES AND 4'CLAPBOARD ; WALL ONLY SIDING '- - - 10'DEEP GABLE LOUVER(TYPICAL) CANOPY .. CORNICE TRIM W!METAL - ALUMINUM SHOWCASE W NDOyy W!1(YNAR FINISH. - - - - COPING TO MATCH HANGING 11'DIA.BOX (TYPICAL) CORNI�E TRIM W!METAL '" - - - LETTER SIGN(N.L COPING TO MATCH C.) . - 2 I'-O^AFF - - SPLIT.FACE CMU;-WITH ., CLEAR ANODIZED ALUM.AUTOSLIDE a - 2^IL.F.S.ON SMOOTH FACE - - ` - .PRECAST CAP ' W/CLEAR GLASS.SEE CIT..A2.6 - CMU,TYP. CLEAR ANODIZED ALUM.STOREFRONT WI •, CLEAR GLASS,TYP.NO..SEE CIT A2.6- V4" CLAPBOARD SIDING ON - - - FURRED ON 8^SMOOTH FACE - - - - - - - CMU,TYP. - WEST ELEVATION ...SCALE E.I.F.S'CORNICE WI METAL S COPING TO MATCH LAP SIDING AND WOOD TRIM E.LF.S.BAND - � _ - ®® ®® ®® 9950MAYLAND DRIVE RICHMOND,VA. 23233 + 800-027-2274 804527-4000"-A BERKSHIRE DEVELOPMENT HYANNIS MA SPLIT FACE CMU,WITH- - a.-.- 7 PRECAST CAP. .. SOUTH ELEVATION SCALE:1I8'=1'-0^ ' IJL=.1�lJO . - - - vnwcn reruoexs a +, Town of Barnstable—Zoning Board of Appeals— Decision and Notice Conditional Use Special Permit No. 2008-011 — Berkshire Development ° .M I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda E. Hutchenrider, Town Clerk 9 l Town of Barnstable—Zoning Board of Appeals— Decision and Notice dTM Conditional Use Special Permit No.2008-011 —Berkshire Development ? 10. To grant the Conditional Use Special Permit requires findings to support that the use does not "substantially adversely affect the public health, safety, welfare, comfort or convenience of the community." a. This is a business and commercial area of the Town with many of the uses along Route 132 serving Barnstable County and the Cape Cod region. The Cape's major retail malls are in close proximity, as are other freestanding "superstores". Most front on Route132. This area is identified in the adopted Local Comprehensive Plan as a Growth Activity Center. That designation encourages this area as a regional shopping and commercial area. The site is served by pubic water and public sewer. The location of the proposed retail store at this site can and will be adequately serviced by public utilities and town services. It is also compatible with the overall established land use patterns and the redevelopment is consistent with both the adopted as well as the recently revised draft Local Comprehensive Plan. b. The proposed redevelopment and off-site mitigation will reduce demand for public water and reduce wastewater flows to the Town's Wastewater Treatment Plant. The two restaurants, with a possible total of 566 seats, represent a wastewater flow of 19,810 gallons per day. A 23,500 sq.ft. store represents a wastewater flow of only 1,175 gallons per day—a reduction of 18,635 gallons per day. Reduced flows to the public treatment plant are in the interest of the Town as it helps to address the need to extend sewers to other areas of critical concern for nitrogen loading from private on-site septic systems. C. The redevelopment of the two lots as one eliminates one of the existing curb-cuts on Route 132. The proposed new site entrance has been designed as an elongated right-in and right-out only driveway to provide safe egress and ingress to the property. In addition, the off-site mitigation property wil[also reduce curb-cuts on Route 132 and Route 28. Reduction and elimination of curb-cuts will improve traffic flow and safety. d. The redevelopment of the Property and acquisition of the Off-site Mitigation Property has been conservatively estimated to reduce traffic flows by an estimated 514 weekday trips and 642 Saturday trips. Peak hour traffic is also projected to be reduced. The reduction is in the public interest and will enhance safety and comfort of the motoring public. 11. The factors cited support the Board's conclusion that the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or have a substantial negative impact of the commercial neighborhood affected provided conditions and restrictions in the grant of the permit are imposed. Vote was as follows on the findings: AYE: Ron S.Jansson,James R. Hatfield,Jeremy Gilmore,John T. Norman, Gail C. Nightingale NAY: None 5 Town of Barnstable—Zoning Board of Appeals— Decision and Notice d� conditional Use Special Permit No. 2008-011 —Berkshire Development ° Conditions: Based upon the positive findings of fact, a motion was duly made and seconded to grant the Conditional Use Special Permit No. 2008-011 to allow for development of a retail store to be used for the retail sales of electronics, subject to all of the following conditions: 1. This special permit is issued for the two lots, totaling 2.53 acres and addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA (Assessor's Map 311, parcels 012 and 013) to be used as one for the purposes of redevelopment and use as a retail store for the sales of electronics. Notices of the executed Ground Leases to the lots shall be recorded at the Barnstable Registry of Deeds and Barnstable Registry District and proof of the recording submitted to the Zoning Board Office prior to the issuance of any building permit that relies on this special permit. 2. The redevelopment shall be limited to a one-story, 23,500 sq.ft., single tenant building for the retail sales of electronics. The site shall be developed as per the engineered site plan submitted entitled "Berkshire Development lyannough Road, Barnstable, Massachusetts" as prepared by VHB Vanasse Hangen Brustlin, Inc., dated February 23, 2007, and last revised February 1, 2008. However, in the event that Variance No. 2008-010, issued to the Applicant for a reduction in the front yard setback to a 45 foot setback from Route 132 becomes final and certified by the Town Clerk, then the plan that shall be implemented in the grant of this conditional use special permit shall be that plan entitled "Berkshire Development lyannough Road, Barnstable, Massachusetts — Site Alternative"' as prepared by VHB Vanasse Hangen Brustlin, Inc., dated February 23, 2007, and last revised February 1, 2008, and referenced in Variance No. 2008-010. The exterior of the building shall be developed as shown on the elevations submitted entitled "Berkshire Development Hyannis, MA"' as drawn by Casco Project Managers. This shall include the exterior coloration of the building. 3. The development permit herein, and shown on the approved plans, shall be considered full build- out on the 2.54 acre site. The interior of the building shall be one story only. It shall not be expanded by the addition of interior floors or mezzanine areas. The parking on the lot shall not be shared with any other use unless it is approved by this Board nor shall any building addition, accessory building or other use,be permitted without approval of this Board. Storage units and/or trailers are prohibited on the property except during the construction of the building, and then only as permitted by the Building Commissioner as temporary, construction-related units and trailers. 4. The Applicant and occupant of the property shall be responsible for assuring that the redevelopment and use of the site is in compliance with, and maintained consistent with, this special permit as well as all conditions of the Cape Cod Commission's Development of Regional Impact Decision issued February 7, 2008. If the Commission's DRI decision is modified, the Applicant shall be responsible for notifying the Zoning Board of Appeals Office of that modification for a determination if this permit needs to be modified. 5. The Stormwater Management System, inclusive of the bio-retention basins and first flow to and over vegetated areas, shall not, in the future, be circumvented by the installation of paved areas that would channel run-off directly into the catch basins. No run-off shall be diverted to Town sewers. 6. The requirements of the Cape Cod Commission, as it relates to the acquisition of the Off-site 6 I Town of Barnstable—Zoning Board of Appeals—Decision and Notice i�ontlitional Use Special Permit No. 2008-011 — Berkshire Development 16. The Applicant shall seek Airport Commission approval to temporarily use the back entrance to the lot during the initial construction of the building and site improvements to the Property. Thereafter it shall seek a permanent agreement that the roadway can be used for emergency access. 17. The occupant of the building and/or Applicant shall be responsible for the proper maintenance and upkeep of the landscape and property, including on-site litter control, periodic cleaning and sweeping of the parking lot, watering and irrigation of the landscape, maintaining site lighting, annual cleaning of the catch basins, demarcation of on-site parking and circulation, and on-site traffic signage. 18. The Applicant shall contribute the sum of$5,000 to the Town of Barnstable that shall be earmarked to enhanced safety on Route 132 in this segment of the roadway. The intent of this contribution is to further discourage left hand turning movements. The funds shall be contributed at the time the building permit is applied for. 19. The lighting plan submitted with the plan set referenced herein shall be implemented and maintained to assure proper safe levels of lighting at the entrance to the site as well as throughout the parking area of the Property. 20. The Applicant shall comply with all conditions and specifications of the Department of Public Works regarding the elongated curb-cut to be installed as the entrance to the Property. It shall not be altered in the future without due notice to the Office of the Zoning Board of Appeals for a determination if that proposed alteration will require prior approval of the Zoning Board of Appeals. 21. The Applicant shall not exercise its rights under this decision until such time as it provides the Building Commissioner with a final, fully executed and recorded copy of the Cape Cod Commission DRI Decision and a recorded copy of this Special Permit Decision. The vote was as follows: AYE: Ron S.Jansson,James R. Hatfield,Jeremy Gilmore,John T. Norman, and Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-011 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted.to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale, Chairman Date Signed 8 Message Page 1 of 1 Anderson, Robin From: Anderson, Robin Sent: Thursday, October 02, 2008 9:10 AM To: 'dfranson@ussigns.com' Subject: Circuit City, Hyannis Hi Dana, reviewed the ZBA site plan for the proposed Circuit City with the Appeals liaison and we came to an understanding that we would not be more restrictive than what is allowed as a matter of right. Based on that understanding, the site is now entitled to two signs for a total of 100 sq ft. No more than 50 sq to be utilized for the free standing sign. Therefore, I am able to approve the 32 sq over the entrance and a 50 sq pylon/monument. Please let me know how to proceed. Thank you. , P'v6in Robin C. -Anderson Zoning Enforcement Officer Toivn of BarnstabCe 200 Main Street Hyannis, NA 026oi 5o8-862-4027 10/2/2008 ; Message Page 1 of 1 4 • Anderson, Robin From: Anderson, Robin - Sent: Thursday, October 02, 2008 9:22 AM To: 'dfranson@ussigns.com' Subject: Fee Hi Dana, forgot to mention that the fee you submitted previously is incorrect; signage over 75 sq is $200.00. I have in hand your check#1243 in the amount of$150.00. Please send either a check for the difference or a replacement check for the whole amount of$200.00 and I will return the original check to you with the issued permit. Please know that the permit cannot be issued without the complete payment. Thanks. &bin Robin C Anderson � Zoning Enforcement Officer 'awn of Barnsta6Ce 200 Main Street Hyannis, NA 026oi . 508-862-4027 10/2/200 V Robyn, This is the missing fee for the-,sign permit application for "Circuit City" at 640 Iyannongh Road. Please call me-if you need anything else., THANKS Andy East Coast Sign 781 .858:938 NO .. ,_j E"T i r TOWN OF BARNSTABLE Building Department - Foundation Permit Date /® Permit # .a��' 0 Name ' , ram. �� A v.�f r �N . Cr Z �r �f Location 6e14.c) - � A--w)� - , t � k-, 4Nfo c � Insp. of Bldgs. PROJEC NAME: ADDRESS: PERMIT# 0 PERMIT DATE: . h,)z M/P: 3 LARGE ROLLED PLANS ARE IN: 1� BOX Data entered in MAPS program on: BY: ee ARCHIVED SPECIFICATIONS Year : � "7 Project Name: j Project Address: (p.A 1(avo Map & Parcel # 9/ -6 l� Permit number, if assigned: "yo zz�� Permit date: � o1D Per Tom Perry, these Specification books must be kept indefinitely. Check with the Commissioner before discarding any of these documents. They can be moved to storage if needed. Archived Specs TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map I Parcel Application #,�b� Health:Division Date Issued SV o'er O Conservation Division Application Fee Planning Dept. Permit Fee 7L Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/Hyannis Project Street Address Village Owner Address z Telephone -7q 1— Permit Request xl -- Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain 1' Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach s pportin,%documentation. Dwelling Type: Single Family. .❑ Two Family ❑ Multi-Family (# units) co Age of Existing Structure Historic House: ❑Yes ❑ No On Old Kin s Highway: ❑Wes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ OtherCD Basement Finished Area(sq.ft.) Basement Unfinished Area(sq ft) w Number of Baths: Full: existing new Half: existing _ew Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use: - -- - -� APPLICANT INFORMATION SG r3 S L) (BUILDER OR HOMEOWNER) Name 141:�90 lit tj P4 L.A�14 T-J�'ll Telephone Number Address 14 C 1A .�� License # d 657 k yk4 d S, J Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Po,�l /A 1s 1 r v' ) G !N Cy >P 1Qb FST yb Ro v �p f; SIGNATURE DATE 2 6/ C' FOR OFFICIAL USE ONLY APPLICATION# , GATE ISSUED i MAP/PARCEL NO. s 'I ADDRESS VILLAGE OWNER i ,z DATE OF INSPECTION: FOUNDATION ; FRAME- INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL t GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. _ The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations =' ' a 600 Washington Street Boston,MA 02111 w„ •�•'`� www.mass.gov/dia { Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): � V�j, ca2 Address: City/State/Zip: leekADM !7 d 7��f Phone#: Are you an employer?Check the appropriate box: Type of project(required): L&I am a employer with 11- 4. I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the:attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g Demolition workingfor me in an capacity. employees and have workers' y p �'• 9. ❑Building addition [No workers'comp.insurance comp.insurance.# required.] 5. We are a corporation and its '` 10.0 Electrical repairs or additions' 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers'comp. right of exemption per MGL 12.0 Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees.' Below is thepolicy and job`site information. Insurance Company Name: Policy#or Self-ins. Lic.#:GuC l- l�5 -,3 SDI�!� Expiration Date: -/Dq Job Site Address: y City/State/Zip: ja� Attach a copy of the workers' compensation policy'declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. t I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct Si afore: Date: `o Phone# Official use only. Do not write in this area, to be completed by city or town official City or Town: `_ Permit/License# Issuing Authority(circle one): . 1..Board of health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: .: , Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person.in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every'tate or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill'in the permit/license number which will be used as a reference number. In addition an applicant P � PP that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"Ike.applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or-town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street , Boston, MA 02111 Tel. #617-72774900 ext 406 or 1-877-MASSAFE Revised 11-22-06 Fax#617-727-7749 www.mass.gov/dia 5089574508 NSTAR YARMOUTH 10:03:1 I a.m. 05-20-2008 2!2 Ndno NSTAR Way EL EC r.91C Westwood,MassatiusetYs 02090 OAS May 20, 2008 Robert Cunningham 41 Taylor St. Springfield MA 01103 RE: 624 Route 132 Hyannis Service Removal -WO# 01649401 ,• To Whom It May Concern: This letter serves as confirmation that, as of 05120/08, the electric service to 624 Route 132/ iyanough Rd. has been removed. Based on this Information, there is no electric power at this address and you may proceed with the demolition. If you have any questions, please contact me at(781) 441-3334. Sincerely, /usfin ReiN New Customer Connects 1 Department of Public Works 47 Old Ymmouth Rd. P.O.sox 326 Water Supply Division Hyannis,MA. . RARN�,A 02601-0325 g9 TTL--508-""063 ems¢ • Hyannis Water System Operations ��soy-7g0-+3+3 May 19,2008 Town of Barnstable Building Inspector Town Hall Hyannis,M.A. 02601 RE: 624 Iyannough Road Hyannis,MA Dear Sir. Please be advised that the above water service was shut off and the meter removed on. The owner has informed us of plans to demolish the building. Sincerely, Judy Bent Hyannis Water System wwaw~-wwawac Operated and Idalntaleed by WhitOWMAr,Ins,and Pennichuck Water Services aorp. Town of Barnstable . ' Department of Public Works 230 South Street, Hyannis MA 02601 MASS. www.engineering@town.barnstable.ma.us Office: 508-862-4090 Mark S. Ells Fax: 508-862-4711 Director May 14 , 2008 Subject : 624 lyannough Road/Rte 132 & 640 lyannough Road/Rte 132 Hyannis village - Disconnect from Municipal Sewer Dear Sirs; This is to notify you that the properties at 624 lyannough Road / Route 132 ( Map & Parcel 311 - 0132 ) and 640 lyannough Road / Route 132 ( Map & Parcel 311 —012 ) , in Hyannis, Mass was disconnected from municipal sewer on May 8t" , 2008. The disconnection was inspected and accepted by the Construction Projects Inspector from the Town of Barnstable DPW—Admin & Tech Support. A field sketch of the disconnection was completed at the time of the work. A sewer compliance record and a record drawing will be completed and filed in the Admin &Tech Support office. If you have any questions, or need additional information, please call Dave Anderson at 508 —790 - 6244. Sincerely; David J Anderson Town of Barnstable.DPW Admin & Tech Support Interstate Refrigerant Recovery, Inc. "Dedicated to Protecting Our Environment" P.O. Box 517 Foxborough, MA 02035 866-53FREON (533-7366) timnoble@comcast.net wwwarrims CFC CERTIFICATION THIS IS TO CERTIFY THAT THE CFC'S HAVE BEEN RECOVERED IN ACCORDANCE WITH THE CLEAN AIR ACT OF 1990, SECTION 608,AND ANY SUBSEQUENT CHANGES OR REVISIONS THEREAFTER. I ALSO CERTIFY THAT THE EQUIPMENT USED IS REGISTERED WITH THE ENVIRONMENTAL PROTECTION AGENCY AND THE PERSONNEL CONDUCTING THE REMOVAL HAVE BEEN PROPERLY TRAINED TO CONDUCT SUCH RECOVERY. �> CO �1 Job Location„ Number of units recovered today: d Refrigerators: _Dehumidifiers: Air Conditioners Date: Invoice# P.O. c\ Authorized signature: C 6�-�- J0 Comments: SCx� F ,2G u(Jp .S ���� tAjy-`t 1` May iu euuu iC: izjrn nr LMI)CKJMI rn^ r. . ErOM the Olfic® of SRS Contractor 578-455.0249 For SRS Contractor To: Roger Furte do From: MLA Pond View 6covabon Corp Pages: Phom: Date 05/08/08 508-336-4467 Re: Tyannough Road Properties, Hyannis MA i!toW, this Jeftr is to oxMrtm that ttm test results of the survey conducted by Eagle Environmental company of Bristol,CT,wrhkh SRS referenced for our bid propoaal.tm you for the asbestos removal work to be conducted at 640 iyannough Rood in Hyam i*MA IndkMad that the property to be deerrdMed at 04 Wanno+ugh Rwd is free of asbestoo mining buNding contponents. Our work vAll Firm May 22�v 200B at#640 as planted, Matthew Alexander uE KSHI E D EVE LOP MENT, LLC May 10, 2007 Pond View Excavation ATTN: Ken Foley 1 Dexter Road East Providence, RI 02914 RE: 624 & 640 Iyannough Road, Hyannis,MA Demolition Dear Ken, We are pleased to inform you that it is out intent to enter into an AIA contract with Pond View Excavating as the demolition contractor for 624 and 640 Iyannough Road located in Hyannis, MA. We will be in touch over the next couple weeks to discuss this in greater detail. Thank you and we look forward to working with you and your company. Berkshire—Hyannis, LLC "4y By: Berkshire Development, LLC, Its Manager William Johnson Director of Construction WRJ/tsc cc: Timothy J. Traynor BERKSHIRE DEVELOPMENT,LLC 41 Taylor Street• Springfield,Massachusetts 01103 Telephone: (413)781-2800 • Facsimile: (413)781-8888 www.BerkshireUSA.com 05f18/20 8 09:31 15067403674 PL`!COUNTYPESTCONTROL PAGE 01 STATEMENT PL YMO U TH COUNTY PEST CONTROL W. -�-- P-0, BOX 1339 PLYhriOUTH, MA 02362 (508)746-4288 (781)826-9626 � May. 19, 200$ Pond View Excavation Corp 50 French Street Rehoboth, Ma. 02769 L PLEASE DETACH AND RETURN WITH YOUR REMITTANCE $..:............. e DESCRIPTION CHARGE RtDDIT BALANCE D 4TE _ BAL.ANCE,FORWARD� 4/12/0 Rea Rodent Abatement 25 $2SC3 C)O 5 13 0 Invoice #� 29415 Re: 624--640 Iyannaugh Rd Hyannis, Ma. 02601 Fdx # 508-336-4467 TERM&NST 30 Day2 PLYMOUTH COUNTY PF-$T:QNTRO7 CO. PAY LAST AMOUNT � PO Pax 1339 Plymnuth,MA02362 IN BALANCE COLUMN 05/18/2006 09:31 15087463674 PLYCOUNTYPESTCONTROL PAGE 02 . pLyMOUTH COUM PEST MEADOWCONTROL 00. P.L�,BOX 1939 is SO 62 PLYN OUTH,MA (508) 746-4269 (761) 826-9626 5C3 French t..reet r Rehoboth ,Ma 02769 R111ing: 4/12/08 NAME pond ViewADDRESS Excavation Co �E 624•-640 IYannaugh Rd 5/1.3/08 Hyannis Ma. 02601 PMONE �EFtV1C�AAAN Richard Foley a, ��3 36.. �7 oo....-� ON ACCY. G m � CASHCHARGE �.� - _®� AMOUNT Rodent Abet�+�ent $2 StJ a C)0 ;j;,,:::. �70b Onaplet GUARANTEE ( . t,, ,. • TOTAL DUE Sl !' MfENT 4 EDU b' T pF,OF TREATMFNT - - AEROSOLS USED BAIT USED CHEMICAL USED LOCATION Ba®eboards� f36t�1�1�A11t,..®.�• Floor$— -m wall Voids--- outalde FauWation Kftche"Cabirrsts ?k 41 YOUR(PEST CONTROL OPERATOR Massachusetts Department of Environmental Protection fr' eDEP Transaction Copy( Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Usemame: PONDVIEWExc Transaction ID: 165440 Document: BWP-Demolition Form for AQ-06 Size of File: 138.106 K Status of Transaction: SUBMITTED Date and Time Created: 2/1/2008::1:52:55 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. w n F ' Alassschnsetts Department of Frrv)ronmentsl PrO18011M Bureau of Waste Prevention—Air Ouality BVPAQ 06 Notification Prior to Construction or demolition General Construction or Demolition Description 1. Construction or demordioti contractor 0 yes,who conducted the survey? NM MM A.ICP.i�:,.. 1 7. Construction q demolition. C�/lown b l� • TdeNmt� SortD�re ..._»........ 2. on-Site Supervisor S. For demoldion and construction projects,indicate dust „n - „�� +�'_)l Y� „„ „ suppression techniques io be used: NOV D seedin D paring DEWMIng)' ❑ shrouding 3. Is the entice facillV to be demosished? ❑ covenn9 ❑ other _.�..- br Yes D No g, for Emergency DemoldlOn Operations,who's the 4. Describe the area(s)to be demolished: State or local official who evaluated the emergency: -__... ........„..._.„.... .................. ...ON _.._�.„._„........ ... t .....0-�Lc .�............................__........ . ......................................... 5. if this is a construction project,describe the building(s)or ...................... .:....„.._..__...„..._......_..—�.» addition to be constructed: A ioi►......„. __.................. ftd ...„.„„.._„... ......... ...............„......, �= DfP nhr�er� 6. 0 this is a demort ion project,were the structures) surveyed for the presence of asbestos containing material (ACM)? Yes ❑ No (General Statement:If asbestos is found duripp a Construction or to. filing an asbestos removal notification with the Department Demolition operation.all responsible parties must comply with and/or a notice of a roleaselthreat of rotease of a hm�rdous 310 CMa 7,00,7.ft 7.15 and Chapter VEof the General laws of subsWce to the Department,it applicable) the Commonwealth.This would -include but would not be limited t Certification 'certify that I have eurnined.the above and`that to the best of p"Wne MY knowledge ft is`true and complete.The signature below .. _ ,,,,, .Ci'a . _ subjects the signer to the general stm utes.reparding a false Avl#Wad67lii+a 0 and misleading statement(s). .................................... ::. .............. ............... .............--..........„..................._. cr�EP - Payment Confirmation Page 1 of 1 bt Payment Confirmation DEP Transaction ID : 165440 Payment Date : 2/1/20081:14:43 PM $85.00 has been charged to Credit Card ************2335 Transaction Information DEP Payment Code#29170 Payment Confirmation#25283 Please note that payments received after 3:30 pm will not be posted until the next business day. TES MassDEP Home o Contacts c Feedback o Tour zr Privacy Version: 6.9.0.1 httvs:Hedei).den.mass.gov/Restricted/webpages/PaymentConfinnation.aspx 2/1/2008 DIG SAFE DATA START DATE:3-li,_,,,g a,wq'v`EXPIRATION DATE: Company(GC): Job Name: Address: Qo a y -t� ?,c'l �c�� ��a .n r�s � •M c— 0 a:C��� �roSS Srt . _n l�hli n bQ l k L-G n Q— Digging Location: 'K)e,c)\,A:e,n i�), t/nd Excavation Depth:\p I Work Performed: er,,c�1;�;e„r` c�; \c4;inG l,J N Sh � �;r 4-- C,J Dig Safe# f a inc) aoce 1 U- - Dig Safe Contacts: Pond View Contact: C�� ► — �(:_�cA.v..►.� rtlzc Kenneth J. Foley S� le (fin e= �.- -�G✓� 1 - - - 5 5 U -"7(00- 4 _ S o8-9s�-c(5,00 n s k4 LU "r 0 Date; .3/SN2008 Time: 2:01 PM To: OnTarget Screening @ 914014343311 On T arget Services Page: 001 r Ot ' TUGAY. r sees 99 Enterprise Avenue www.ontaTgetservices.com {Jili>< $¢ryi��� caraine�a�aave o434s Y ta1800-398-0628 fax Z07-588-3302 e-mail: 5=ening@0n1arget5erViCe5.WM Date I Time: 3/3/2008 2:01:01 PM To - KIM Company: POND VIEW EXC CORP Tel.: (401)-438-3000ext. Fax: (401)-434-3311 ext. This message is being sent in response to your request for underground cable location.The following represents a list of responses for the indicated member.These reponses only pertain to the specific member. Ticket#: 20081000960 Place: BARNSTABLE, MASSACHUSETTS Address: 624,IYANNOUGH RD 1-NSTAR ELECTRIC-CAPE COD Ticket Screened on=03=8 This ticket is clear of conflict and has been screened by On Target Utility Services If there are questions regarding this transmission or if you arrive at the site and have a question about the markings, please call 1-800-598-0628, extension 3347, during normal business hours,Monday-Friday between 7,00 and 4:30 MAIL 14-2008 FRI 09:47 AM KEYSPAN ENERGY FAX NO, 508 394 5019 P. 01/02 127 white_; flntli tioutl'1 YAi'WOulb, MA 02664, March 1.4, 2008 1,1011d Viciv Excavation FAX: 401-434-3311 r;C': 6'24 ly,,.mough1W., flyatinis 'this is to confirm iliac the natural gas line_to,the above address has been caul sand Capped as requestcd. '1'lhis W,,,s , (1011C on M,irclt 13, 2U08. lryuu li,,,wo Tiny questions plcmc call one at 508-760-7481. tit�sntt �14"c;Mullirt Vield Coordinator Keyspall Dolivery Collipany Date: 3/5/2008 Time: 2:57 PM TO: 434-3311 @ 9,434-3311 - TPA Page: 2DATE _ CO TY CERTIFICATE OF LIABILITY INSURANCE 03/05/2 8 PRODUCER (401)431-9200 FAX (401)431-9201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Troy, Pi res & Allen, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 376 Newport Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4830 East Providence, RI 02916 INSURERS AFFORDING COVERAGE NA1C# INSURED POND VIEW EXCAVATION INSURER Selective Ins Co of Southeast 39926 1 DEXTER RD INSURERS.. Charter Oak Insurance Co 25615 BUILDING #3 INSURERC. Beacon Mutual Insurance Co 24017 EAST PROVIDENCE, RI 02914-204S INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I11DOLl TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTNE POLICYEXPIRArON LIMITS GENERAL LIABILITY 5 1685717 01/30/2008 01/30/20N EACH OCc:LIRRENCE $ 1,000,00a X COMMERCIAL GENERAL LA&ITY - DANIAGE TO RENTED $ 100,00( C_AIMS MAZE 7 CI-CUR MED ECP;Any one person: $ 10,00( A X No residential exc PERSONAL&ADV IN LLRY $ 1,000,00( GENERAL AGGREGATE $ 3,000,00( 'Rr-,ENt AGGREGATE LIMIT APPLIES PER PRC'DUCTS-Ct?AP%OPAGG. $ 3,000,00( II POLICY ICC� i LCC AUTOMOBILE LIABILITY BA3376070 01/30/2008 01/30/2009 CptdBINED S:NC)LE LIWT $ AN"AUTO (Es oczdKt) 1,000,00C I ALL OVlNm'WOS BODILY(PLIURY $ rX SCHEDULED AT:OS iPer person) B HIRED ALros BODILY IWURY I X NON-CrA%ED AU?Oo [Persecident) $ PROPERTY DAMAGE $ iPer accident) 'GARAGE LIABRfTY AUTO ONLY-EA ACCIC£N: $ ANY AUTO OTHER THAN EAACC AUTOONIY: 6,GG $ j EKCESSNMBRELLAUABILIIY 5 1685717 01/30/2008 01/30/2009 EACHocr_URRE.'DICE $ 1,000,00 I X OCCUR CLAIMS MODE AGGREGATE $ 1,000,000 A � $ DEDUCTIBLE $ X RETENTION $ C $ . WORKERS COMPENSATION AND 27764 01/20/2008 01/20/2009 X VvCy:TATIs C�F+ EMPLOYERSUABMY E.L.EA.CHACCIDENT $ 1,000,00 - C I ANY?ROPPiEOWPAiM ER EAT=CUTiVE OFFICERIMEMtER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ifyes desvtemder SPECIAL PROVISIONS bHow I E.L.DISEASE-POLICY LIMIT $ 1,000,00 f OTHER DESCRIPTION OF OPERATIONS I LOCATIONS[VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ERKSHIRE-HYANNIS LLC and BERKSHIRE DEVELOPMENT LLC are additional insureds for ongoing and completed operations on a primary, non-contributory basis with respect to general liability, auto and umbrella policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BERKSHIRE-HYANNIS LLC ;.. BERKSHIRE DEVELOPMENT LLC BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAMRY 41 TAYLOR STREET OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. SPRINGFIELD, MA 01103-1205 AUTHORIZED REPRESENTATIVE Amy Kin AMY ,Aa' ✓ �' ACORD 25(2001108) ©ACORD CORPORATION 1988 Date: 3/5/2008 Time: 2:57 PM To: 434-3311 @ 9,434-3311 TPA Page: 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLANMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001(08) r 03/24/2008 11:49 J;7326611399 CASCO PAGE 01 F CASCO FACSIMILE TRANS�IIIIJTTAL # 23 I : cORPOR�aTIpN of CASCc>Ltd. , ATTENTION: ,'alJ) FROM: CAS CORPORAT ON . COMPANY: DATE;` FAX NUMBER: � � RE: C�c�eurl(`rC�c #PAGES . (INCL. COVERWjc ) A�. . 4 r4 7, a - p, File: 4u,�f5i THIS FACSIMILE TRANSMISSION IS INTENDED ONLY FOR THC USE: OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS 'ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRMLf=GED, CONFIDENTIAL AND. EXEMPT O + n in DISCLOSURE UNDER APPLICABLE LAW, If the reader of this transmission is not the Intended recipient,or tho am FROM or an responsible to deliver ft to�the`"Intended reci ien p oyes copying of this communication Es`striCt P t,you are hereby notified that any dlssamination,distribution,Or ived this Z 4—i immediately by telephone and return th o iginaltransmi, Ifssion to com us alOU have ethe above address municatlon U S fir'please notify us Postal Service. BUsinagg Center atEdison 1090 King George Post Rd, • Stilts 1204 Edison,NJ 08837. (732)661-1400 FAX(732)66t-1399; 03/24/2008 11:49 17326611399 CASCO PAGE 02 lt,ouioolt y., `17'j �;IP' n 1 I I 1 f,I;3 r I•!i y I "�." ,r,"("a S'. :^I,r ,,,- 'ill,., .;i; ` ,I• ;11 f : 1 l.;t:� ; .. „•ar.,r:,1,;);'. �.:,?tyv ll . ,,yl N;;,li lit•; =et%aS'1'. ^; i '.5;.;:i•„r rnl,,L., .. „�if;i! ,gl!;np;::%•fr+:i'Il lea-•,�,'v n'nm .i.11i t>i„q. 1 ) 6 .).l..l,it.,A ,r ld li'i,,:IlG4tlli" y'vi h,i i.,•,f. 1 y! ,J. r v;l!t a• 1. .1-. .III, 'lla II. �,! I•!1<, 14 1 ( ;'!�.1' {{ r h:. n. ), :t!t'^,).., l.ra7'r:`I:- �•�. .) .1 4 ., 'ire 1�: _6:•r.','+I:'.d';'•!%:� L .Z ., ;.t t. 6"�" J irl l �� �', �IIi51+ ,. ,,..I,.,n.,; .. .. ,:''• . ':'r ,, I,. ili. lii)Ilil)l?I(�I1l •" ..:t•. :.:n.-..,•. It..,.,1;!l,.JI;''ll;�l.:'tilrs Isolite How do they Work? • Are Self-Luminous Signs radioactive? S@If-Luminous Exit Signs are illuminated with a li lit source $r g Although tritium is a radioactive isotope,our products emit that consists of glass tubes,internally coated with phosphor no radiation,The gas is hermetically sealed into glass tubes. and filled with tritium gas-Tritium gas hydrogen that e (H-3)is an isotope of The beta emissions from the tritium gas are completely mits low energy radiation in the form of beta contained within the tubes.There Is absolutely no risk of rays,or electrons-These electrons stimulate the phosphor radiation exposure from normal use of our product.Great care coating causing the tubes to continuously emit light.The is taken in the construction of our signs to ensure that they mechanism is exactly the same as an electrical fluorescent lamp with the onhi exception being that the electrons are will stand up to extremely tough handling. provided by the tritium rather than by an electric current. Keep in mind,for the release of tritium gas to occur,the outer They require no external energysource and as such are the frame and inner protective housing would also have to be most energy efficient lighting product available today.They destroyed:In this scenario,the released tritium gas would are also referred to as radio-luminescent light sources, rise and dilute rapidly in the air.If,however,somehow a HOW long WIQI they lay(? Person were trapped which all of the tubes l n a 1 had broken,the ft ir x rradiat on exposure Our self-luminous sligns are available with a ten-year, would be similar to that received from a dental x-ray.These twelve-year,fifteen-year or twenty year effective life, signs would not be Generally Licensed by the Nuclear Replacement dates are clearly marked on each unit.The Regulatory Commission if there were any chance that they effective life ofthe sign is dependent upon the sign's ability posed a health risk to the public in a normal accident event, to meet the National Fire Protection Associations minimum In fact,self-luminous signs have been used extensively umin—an ce r�qulrement o o.o of am erts o.21 c sq rn) throughout the United States for more than as measured by a color-corrected photometer.Because tritium incident. 5 Years without decays at a known rate,we are We to calculate the initial brightness required in orderto meetthe minimum luminance ' How are they disposed of? requirement at different points in time,Therefore,the effective ' It is unlawful to abandon or dispose of SeIF-luminous signs life of a self-luminous sign is dependent upon the amount of except by transfer to persons sperifically licensed by the tritium(measured in curies)that we put into the.sealed sources Nuclear Regulatory Agency or by an Agreement State.They that light our signs.&you would expect,a twenty-year sign cannot be thrown in the trash.We will accept the return of requires more tritium gas than a ten yearsign,. an SelfLu min ous signs as outlined in our po icy state _ Are they.approved? below.otherw;se,t e must a sent --a face ity t at is (,Lensed to handle low level radloactive waste.This Is stated .Our signs are manufactured by Safety Light Corporation on the Radloaetiv@ Label aFfixed to the back of each sign. in Bloomsburg,Pennsylvania under license ofthe Nuclear 'For Disposal,please call 1-800-888-LITE @•mail us at disposal�I5P te,com, (5483)or Regulatory Commission(NRn.They have successfully passed, ' the most rigorous ANSI N-540tests for structural integrity.In what is our return policy? addition,they are approved for use in ALL code occupancies that require illuminated emergency exit signs.They are UL If a replacement sign is purchased,we agree to take back and/or ETL listed,per UL standard 924 for emergency lighting the expired sign at no charge.This applies on a one for one Safe basis i.e,purchase six new signs,return six signs at no products,and meet the requirements ofthe NFPA Life Code 101,the City of Los Angeles, BOCA and the ICBO. charge.This policy applies for any self lumlrious sign, regardless of manufacturer.If a replacement sign is not Purchased,we will charge a f-le to take back the expired sign. e 0 h t i n g Ianergy effi:ci.entetirpP tin;dy ti ltii gl:l,I �i� II'Ippllll i� 03/24/2008 12:04 17326611399 CASCO PAGE 01 CASCO FACSIMILE TRANSMITTAL ATTENTION Paul Roma FROM: Wasyl Hnatiw, Project Leader COMPANY: Town of Barnstable Building Division DATE: 3/24/08 FAX NO: (508)778-2412 RE: Circuit City Hyannis NUMBER OF PAGES 2 (INC.COVER) ------------ ---------------- COMMENTS: Per your questions regarding the proposed Self.Luminous Exit Signs and their light output and disposal process I'm attaching a technical data sheet which addresses both items.. For luminance the signs provide a minimum of 0.06 foot lamberts. For the eventual disposal of these signs they can either be returned to the manufacturer or sent to a "facility licensed to handle low level radioactive waste." Hopefully this answers your questions-let me know if you have any additional questions or comments, Thank you. CC: HJA, TMW, DEC, PMP, ZT, EVK JCA/208100 E SIMILE TRANSMISSION IS,INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT 13 ED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM URE UNDER APPLICABLE LAW. (f the reader of this transmission is not the intended recipient, or the employee esponsible to deliver it to the Intended recipient,you are hereby notified that any dissemination,distribution,or f this communication is strictly prohibited. If you have received this communication In error, please notify us ly by telephone and return the original transmission to us at the above address via the U,3.Postal Service. Business Center at Edison ■ 1090 King George Post Rd. • Suite 1204 • Edison,NJ 08837 •Phone-(732)631-1400 •Fax-(732)661-1399 W;\PROJECTSlCCS1120081208100 Hyannis.MAlTr2nsmitt81s1Ex1t signs2 Fax.doo . 03/24/2008 12:04 17326611399 CASCO PAGE 02 a. ' .. ..,.. . r•,_. ,. ,,...,; Il.:r ,)}pa l:•I , .... I. �:Il if l III .i.�+l ...-.. .. ,.r,....,...r...... .....:.... 'I,•.7 1':,' ,.ll ,.1.. ..i ,1.. .. .(i I.,..i.r .J. il....,.. r:.t'i •:�I.II,�i" .fl�li'll:,•.:'.. t'•:'',.'ill ,,t),;II,L1.: '! y!•. t I. y',..,, , I,I lllf':-:' .: :.. ..••..,(1,• :,. .I:,•. , 1,. .lal,•„ ,:11:: ;i!..;. !�:'�':)'+�.'•.. .!?!I">•. {..., , �,,:•,•i{,. ,,..,.,;, ) .I „1 II I ., ..,I I•' .go- ii', ':I"� i ,: ,::`-,. ) {p, I L 1,: ,.,.,,-:.,. :.I • ,.I, .a i b ti.! Li;. :1 1..:...I, ..(. ,J ..l„•I, ,1 nl.l. :'Ir ,!. I .1�6�itll ::i -I''EpC' .o' n • ll,. :J^ ilq.. I,h'( tnl,.l.l,r', ,LL• .�:i,l1, ;ill. L dt '•1!:;'t il ,�ll ;' 7 ;,. i � I (fY ii11P :.... .:.. ......:. :';r.. I .'III'. .; .,,.`,::..:::;,.,;, .. L! : „i„ .E .,: "ip•� !' .,G'' •.,.,,.'r';,r!;t%i'!;:"!;,.11-,,;'�!,.,i!!I. , '., '1•,'.,..:,, , 1 1 'i " 1.,,.''r(..,..N,•• .....;: `:,:!?: '! all I l ,tit. { ..;! 1' !II I I t{y�)�','.b !§SG ,,;u 11^ IL'7i�``•,Li'Ist ) !' ��� ,11 �sii ,ifh.,t,!. yr{ };. Ih. "Il \cv.Vlaf �./lut+ '�`!W.,.IlltI',(1!r,ll, r... I' -•• ,.. . i:h 4l •,1' ,i:;:iilil: -, I,,;.I,t•;,..n Ilu L. 1 ,,. (` 'nl lL. I .l., ...1. !,i.••, r ' i!;t _ .. ...,I,.,rl, ,ra. ,r,l . 1II.I ......^., ,, ..'..., ,h ,...�,1.. ..(,: ,+ ,I L.,t',1:,+r�•:Si a`illil, rIr',r:'ii'.1'�;jp,••.eV4,(!:: I,:;;i,j�...L,;, , ,L.. „1...... . ..li it.i,i.•).,:1,.1,. „ „". . .I , 1 .IIi.; '•llr r 1.... ......I ! I .,.. .,..i.. .. I.,!, ,ur d, ,1 ..,'1: .•p,l;:{11 ,;,.I ,..q.,yl•.;;y:.,••I 1 q.'';,i, .ii:i.:ir.?:�•dliih:•• :''14i1:I,tlt irl',1.•r„ „1,. 1..,n..-....q.yh,.,..;.,i,.....;.Ifl,l..t,n,11,;,,2:,1•Iq!Lt.y,gt!i!,IIL. -,ai.:lll..t.tlill,lyl,1,., {,!r!iluai:',H'y .,; :I'r' ai.. .:i(':,,... .. ....: ., ,.L•'.. 9• Isolite How do they work? Are Self-Luminous Signs radioactive? Self-Luminous Exit Signs are illuminated with a light source Although tritium is a radioactive isotope,our products emit that consists of glasstubes,Intemally coated with phosphor no radiation.The gas is hermetically sealed into glasstubes. and filled with tritium gas.Tritium gas(H-3)is an isotope of The beta emissions from the tritium gas are completely hydrogen that emits low energy radiation in the form of beta contained within the tubes.There Is absolutely no risk of rays,or electrons.These electrons stimulate the phosphor radiation exposure from normal use of our product.Great care coating causing the tubes to continuously emit Iight.The is taken In the construction of our signs to ensure that they mechanism is exactly the same as an electrical fluorescent will stand up to extremely tough handling, lamp with the only exception being that the electrons are Keep in mind,for the release of tritium gas to occur,the outer provided by the tritium rather than by an electric current. Frame and inner protective housing would also have to be They require no external energy source and as such are the destroyed.In this scenario,the released tritium gas would most energy efficient lighting product available today.They rise and dilute rapidly in the air.If,however,somehow a , are also referred to as radio-luminescent light sources. person were trapped in a io ft x io ft room with a sign in How long will they last? which all of the tubes had broken,their radiation exposure would be similar to that received from a dental x•ray.These Our self-luminous signs are available with a ten-year, signs would not be Generally Licensed by the Nuclear twelve-year,fifteen-year ortwentyyear effective life. Regulatory Commission if there were any chance that they Replacementdates are clearly marked on each unit.The posed a health risk to the public in a normal accident event. effective life ofthe sign is dependent upon the sign's ability In fact,self-luminous signs have been used extensively to meet the National Fire Protection Associations minimum throughout the United States for more than 25 years without ummance regwrement of o.o6 footNirriberts 0.22 c sq m) '` incident. as measured by a color-corrected photometer.Because tritium decays at,a known rate,we are able to calculate the initial How are they disposed of? brightness required in order to meet the minimum luminance It is unlawful to abandon or dispose of Self-luminous signs requirement at different points in time.Therefore,the effective except by transfer to persons specifically licensed by the life of a self-luminous sign is dependent upon the amount of Nuclear Regulatory Agency or by an Agreement State.They tritium(measured in curies)that we put into the sealed sources cannot be thrown in the trash.We will accept the return of that light our signs.Asyou would expect,a twenty-year sign any Self-Luminous signs as outlined in our policy stated requires more tritium gas than a ten-year sign. below.Otherwise,they must be sent to a facility that'is Are they approved? licensed to handle low level radioactive waste.This is stated ` on the Radioactive Label affixed to the back of each sign- Our signs are manufactured by Safety Light Corporation For Disposal,please call%-800-888-LITE(5483)or in Bloomsburg,Pennsylvania under license of-the Nuclear e-mail us at disp2-5 1 isolite,_com. Regulatory Commission(NRC).They have successfully passed the most rigorous ANSI N-S40 tests for structural integrity,In What is our return policy? addition,they are,approved for use in'ALL code occupancies IF a replacement sign is purchased,we agree to take back that require illuminated emergency exit signs.They are UL the expired sign at no charge.This applies on a one for one and/or ETL listed,per UL standard.924 for emergency lighting basis i.e.purchase six new signs,return six signs at no products,and meet the requirements of the N FPA Life Safety charge.This policy applies for any self-luminous sign, Code tot,the City of Los Angeles,BOLA and the ICBO regardless of manufacturer.if a replacement sign is not purchased,we will charge a fee to take back the expired sign. , r � me.r�...en,�..yi..,i.iel'd,i!d')F]e Lighting [energy.eFfcent.e 11.i!t�!llt i I ill.Ii�II I�I(i,•I'' l ?JI! •/„`, ,,:':;� 1 CASCO ~ #if.��l OUTING Overnight LETTER OF TRANSMITTAL TO: Building Division DATE: 3/6/08 Town of Barnstable 200 Main Street Hyannis MA 02601 ATTN: Thomas Perry, Building Commissioner RE: Proposed Circuit City Hyannis-Exit Signs We are transmitting herewith the following: QUANTITY DESCRIPTION One(1) Self-Luminous Exit Sign Cut Sheets REMARKS: As discussed Circuit City has adopted the use of Isolate Series SLX-60 Self Luminous Exit Signs for its new stores. Please review the information and let me know if there are any issues with allowing these signs to be installed at this new store location. Thanks. I Sincerely, *CASCO By: Wasyl Hnatiw cc: DEC, PMP,HJA,TMW File: JCA/208100 Business Center at Edison • 1090 King George Post Rd. . Suite 1204 • Edison,NJ 08837 •Phone-(732)661-1400 •Fax-(732)661-1399 VVAPR0JECTS\CCSI\2008\208100 Hyannis,NIXTransmittals\ExitSigns.doc J f WASYL HNATIW Project Leader CASCO Business Center at Edison 1090 King George Post Rd. (732)661-1400 Suite 1204 Fax(732)661-1399 Edison,NJ 08837 wasyl_hnaUw@cascocorp.com SERIES SLX-60 ABS PLASTIC FRAME •o isolite SELF-LUMINOUS EXIT SIGN t: 7 wY r t we-y1 � P J 00000 The worlds most energy-efficient exit signs 00000 •Requires no.electricity or external- 00010 light source 00000 •Maintenance free-no lamps or batteries to replace 0004 •Easy to install-no wiring required' •Ideal for damp wet and explosion proof Q 0 applications Ideal for extreme temperatures«'F to 17617)' •Service life=to 1z,is,n years QDoo LISTED M RTC rm-,0 3 O ` Lighting [energy efficient emergency lighting] 2-1/07 ISOLITE Series SLX-60 Dimensions _ a Single Face Double Face e 8 0 e 8°/a' C 81/s° 14 a Specifications Special Wording and Pictograms Available Overall Size: Single Face:14'x 8h"x 1" Double Face:1'4"x 8X'x Y' EMERGENCY Weight: Single Face:2.5 lbs. ASSEMBLY Double Face:5 lbs. AREA Frame: Flame retardant,UV stabilized,injection molded ABS frame A continuous non-electrical source Letters: 6"high;b"stroke,standard exit sign of illumination. Arrows: Universal chevrons Isolite Self-Luminous Signs are the practical solution for EXIT Service Life: 10,12,15,20 years and safety marking requirements where performance can not be compromised.These signs are totally self-contained,highly durable and attractive.The Isolite Self.-Luminous Signs are illuminated with Approvals: UL Listed to UL 924 Standard;NFPA Life Safety Code 101 a light source that consists of glass tubes internally coated with phosphor and filled with tritium gas,a natural isotope of hydrogen. Warranty: Our self-luminous products are warranted against They are completely free of any external energy source providing any defects in material or workmanship for the rated 10-20 years of continuously illuminated,maintenance-free operation rife of the product. and code compliance: Ordering Information Model #of Faces Face Color Service Life Frame Color Mounting Brackets Options SLX-60 S=Single R=Red 10=10 Years BK=Black U=Universal mounting bracket CW=Custom Wording D=Double . G=Green 12=12 Years WH=White PA=12"Swivel Pendant BK=Black 15=15 Years GY=Gray PB=24"Swivel Pendant 20=20 Years PC=36"Swivel Pendant PD=48"Swivel Pendant. Example:SLX60-S-R710-BK N . . Isolite Project Cali the Isolite office nearest you. Date Type - HEADQUARTERS WESTERN OFFICE Catalog Number 31 Waterloo Avenue 3563 Sueldo,Suite M Remarks Berwyn,PA 19312 San Luis.Obispo,CA.93401 800-888-5483 800-799-5343 610-647-8200 805-546-9669 Visit us on-the web at.www.isolite.com or email sales@isolite.com 610-296-8952 Fax 805-546-9564 Fax IMLLu«ten. I M CO - -l r or_utl SEARCHED &q$Ep'pN^THE t J INf>�UCTUR �H MIGHT BE OCCASIONED TOR AGREES TO BE fUl1y R �NTR4CTOR ES EXACTLY. IF BY THE CpIyJR,gC RESPONSIBLE FOR SHALL NOTIFY THE ENGINEER I � EDITIONS DIFF� TFROM FAILURE TO LOCATE SAIO EDWTELY FOR POSSIBLE REDESIGN. INFORMATION. THE r T 4) LAN REFERENCE.9 .d r L0 . E: 09423—p ' * - CIRCUIT R(2).DWG N 1 a fiyt CITY S1.1 N ELECTRONIC FILE CASCO N RECD FM ►H8 - 06- ` FM MARK W 04-2008 M1 - 06-05-2008 k � NOTICE § C T 0 B U I UILDER / Nunn CONTRACTO z +� NYE BUILDEIZ ENGINEERING & SUR1�Y1� BN � BUILDER/CONTRACTORs/suB-(„bNlRRV E ( ) IS ONLY P ORS RONIDING LAY I /CONTRACTORS/SUB-CON Tl'1QR WORK. THE INFORMAnON TO 'k NM4CTORS ARE R ASSIST THE > ' ANY ALL LAYOUT By BN MUST ESPONSIBLE FOR ALL THEIR 4 REVIEW N WORK IS COMA BE RE ED AIVD ACCEPTED BY CONSTRU N WORK THE LAYOUT WORK WMj ' THE Bt11LDER/CO gC THE BUILDER/CONTR,gCTOR BEFORE UCT101i1BE ORE COMMENCING TORS �- BE PRESENT AT ; LAYOUT IN mmhoN IDERED ACCEPTANCE BY BUI CONSTRUCT10N COMMENCpupy E SITE TO €µ / ONTRACTORS S OF - 2) �► /� / UB—CONTRACTORS OF '` f .,� PRIOR TO CO CTOR/SUB-0ON� �¢ NSTRUMON MID INST ' LEA NSIBLE FOR CHECKING PROVIDED BY BN IF /ILLATION , . D�CREp OF THEIR WORK, INCLUDING ALL OF THEIR OWN WORK BN IMMEDIATELY PRIOR TO DISCREPANCIES OCCUR OR ARE ' OR PINNED 4 `#? ED DIMENSIONS ±! ' STARTING NOTED THE BUILDER � ; � f 3) THE Bul ' CONSTRUCTION OR INSTALLING ANY CONTRACTOR MUST N0T1FY ~4� /COAITF�4CTOR 1S F THEIR WORK.` ;a A RESPONSIBLE `� �:.4, .� ' <�•. C�ISTRUCTION SEQUENCING. FOR COORDINA1lNG ALL CONSTRUCTION METHODS 4a �` •A'r ..,, � .µ �,�, �C'�y eg� ,act�4" wL POINTS SET By8- ! + i� _ M v 0 N ARE OVERALL BY BUILDING F SWAYS.OUTSIDE FACE OF .. +. j WHEN FOUNDAT/O OOTPRINT. FOUNDATION WALLS. r POUR, TH'IONS ARE. POURED'IN FOR E CONTRACTOR IS MORE THAN ONE SECTION BREAK IN RESPONSIBLE FOR , I.E. A BROKEN ` i 4 POUR. B.N. DOES NOT CALCULATE DETERMINING WALL LOCAT) FOUNDATION WALL OR Wqu THICKNESSES. POINTS FOR 1 ONS AT T CKNESSES. INTERIOR FACE OF �v y. . - f 1µ +rr _ _SITE L�TOV. #624 .I V ANN®UG� R- HYANNIs N oA®/R�'E. 132 A Mcutr y,• r f _ �.r�/1 (•fib . .. � Y� '�•.�:! ; a . TITLE�n »•� a deteel of ���n existing construction . 8-08 BAXTE g .G R • �4 NYE.ENG�NEE RING S .• Registered Professional Engineers and ✓ 78 North Street:- 3rd F7 Land Surveyor Phone - oor, Hyannis, Massachusetts 02601 .' (508) 771-7502 Fax - (508) 771-7622 20. aK a 0 20 40 SCALE: IN FEET SCALE: Z .J N DATE: 05 06_ 1. 1. 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