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TOWN OF BARNSTABLE BAR-W
Ordinance or Regulation
WARNING NOTICE
Name of Offender/Manager
Address of Offender MV/MB Reg.#
Village/State/Zip
Business Name am/pm, on 20_
Business Address
Signature of Enforcing Officer
Village/State/Zip
Location of Offense
Enforcing Dept/Division
Offense
Facts
This will serve only as a warning. At this time no legal action has been taken.
It is the goal of Town agencies to achieve voluntary compliance of Town
Ordinances, Rules and Regulations. Education efforts and warning notices are
attempts to gain voluntary compliance. Subsequent violations will result in
appropriate legal action by the Town.
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LAW OFFICES OF
RON S. JANSSON
3267 MAIN STREET
P. O. BOX 147
BARNSTABLE, MASSACHUSETTS 02630
(508) 362-2500
TELECOPIER: (508) 362-5253
April 3, 1989
Joseph DaLuz
Building Commissioner
Town of Barnstable
Barnstable Town Hall
Hyannis, MA 02601
Re: 462 Main Street, Hyannis
Dear Joe:
On June 10, 1985, this Board granted a variance from the
20 foot front yard setback to allow the creation of a glassed in
dining area addition to the existing building (then Howard
Johnson' s ) .
As a condition to the granting of this variance, the
Board imposed a condition that there was to be no dancing or
entertainment allowed within the premises. A copy of our
Decision dated July 1 , 1985 is enclosed for your review.
It has been brought to my attention by a member of my
Board that entertainment is scheduled, or is currently occurring
on the premises in violation of this restriction.
Would you please advise us as to the status of this
condition and if in fact it is being violated, we would very much
appreciate your taking the necessary steps to stop the violation
of this reasonable condition.
fit
l .
Very truly yours,
jRoS. Jansson
RSJ:aw
Enclosure
cc Zoning Board of Appeals
Board of Selectmen
r
oY�« e�LRK
TOWN OF BARNSTABLES TABLE. MASS.
Zoning .Board of Appeals
N5 JUN l U AM 8 52
Edward A..-_Tellier -» ...»» .................. � -» Deed duly recorded in the
Property Owner
County Registry of Deeds in Book
Candace I. Te Z Zier Page _....-.......__....�.._...�...__.._Registry
1'otitionor
D14triet of the Land Court Certificate No.
»._.............. w... Book ._..—.._.— Page
AppealNo. 1985»-42.....»»»,»....,..» -..................................... 19
FACTS and DECISION
Petitioner ,.Candace-I. »Te Z Zier.... .•» . ........... _. filed petition on Maze 2, _ _. . ...'_ 19 85
requestinga variance-permit for remises at .... �i .?I....5.............................. .., in the village
P P _. (street) .t _.. .
or ..............5yannis_ -......._.__.. . ..._....._ adjoining premises of ................. (see attached list) _..... __.:..._..........
Locus under consideration: Barnstable Assessor's Map no. ..........._.. ........._.... . _.» lot no. .
Petition for Special Permit-
Application for Variance: ❑ made under See. .A,-..-APR6nJ Xx--B........ . of the Town of Barnstable
Zoningby-laws and See. _ ...»...».»._ _... ... .. _ _................_.._..................-....... Chapter 40A., Mass. Gen. Laws
for the purpose of
creation of two gZassed-in dining area additions to the'existing building
Locusis presently zoned in.....».............- ......................... ................................_......... _ .. .... ..._ � ....._
Notice of this hearhig was given by mail, postage prepaid, to all persons deemed affected and
by publishing In Barnotable Patriot newspaper published in Town of Barnstable a copy of
which is attached to thn r000ml. of those proceedings filed with Town Clerk.
A public hearing by the Board of Appeals of the 'Town of Barnstable was lield at the Town
Office Building, IIyanuls, MasM., at .......8 »� .....»X.X..
.»...»». M. P.M. .-....�.....-........Mai-.?s�_ ...� _ _._ -. 19 85
upon said petition under zoning by-laws. "' +
Present at the hearing were the following members
Richard...L. Boy. »._..., »....-Luke._P....»LaZZr�_ ..... ._. .... GailNighti Ze
».....
' Chairn►an
-Rona Jan sson..... - _ -_EZizabetl?...Horton...-............ ...._..-......_..._. _.._.�..._...._.
u / aid petition under advisement. A view of the
f At the conclusion of the hearing, the Board took s p
ohs was made by the Board.
1985-42
Appeal No. » _ Page .._.._..... _ of
On dude. Fa,..._. . .- _- - ,.... . . .._ 19 85........._... The Board of Appeals found
Attorney. Richard C. Anderson represented the petitioner who is requesting relief
from the provisions of the zoning -by-law in a business zone, which would require
a 20 foot. front yard setback, to allow the petitioner to install two glass -enclosures
to the front of the.'existing Howard Johnson restaurant- to be a one-story addition
and eonsist. entirety of gZass for a full-service fine-quality restaurant at Main St.,.
Hyannis. These additions will not increase the capacity of the restaurant - seating
of about 226 - no parking will be eliminated. The addition to the west will seat
about 50, while tho addition to the east wilt accommodate about 36 patrons. The
lot collaisto of- 0.11li aareo and containo the Howard Johnson Motor Lodge and also
Wack A Jacks which is a separate building at the back of the lot. The topo is a
cummutattve ootlecl;ion of conditions of the area; almost all of the buildings violate
the 20 foot setback varlulrement• - this should not be closer to the sidewalk than many
existing buildings atong Main street.. If the proposed additions are allowed, the
i in
Z g is set
westerly addition Mould intrude about three and a half feet(3�)- the bu Zd
back about 10 feet and th® petitioner will come back another three and a half feet
3;J' - to be about 44 - 5t further towards Main street than presently 'exists.
To be a brick-patio under glass and continued brick inside. To be landscaped with
shrubs in' front- of the building, etc. The petitioner does not intend to have any
..,- -- - -
dancing ar~entertciir�ment would accept that as a restriction. The petitioner has
submitted d.PZari which indicates the building in relationship to Main Street.
Gail Nightingale made a motion that the grant the relief requested with the restrictions
that the addition never be. sotid enclosure (walls), and that there be no dancing or
entertainment - to be as per the Plan submitted at the filing - seconded by Ron Jansson..
The Board'-.voted unanimously (although absent, Mr. Boy 's .vote,-was recorded as in favor)
to allow the petitioner the relief requested.
T .....m......... .......... Clod( of the 'I%own of: Barnstable, Barnstable
County, M,issaohuHnl-IM, Iltmolly 11111ilry Clint Iwont,y (20) dnyH ],live clal,sed mince the Board of Appeals
rendered IN doelHloll III I l,o ul► yo entitled pvt lnon uu,l flint no aphcal of said decision bas been filed
in the ofl'leo of the Towil Ulorlt.
Signed t►ud,Benlal 1I�IH ......11...E r U� �� ............... under the pains and
dill' of I,�........ 19/ ...... �
penalties of perjury.
Distribution:—
PropertyOwner _ ......................................................................................................................._..__..........
Town Clerk - Huard of Appeals
Applicant 'flown of Ba stable _
Persons interested
Building Inspector
Public Information By .........................
:�' f
.Board of Appeals Chairman ��/
INN LL
TOWN OF BA.RNSTABLETAL'LE. MASS.
l. Zoning Board of Appeals N5 JUN 10 AM 8 52
_ - Edgard A. TelZier Deed duly recorded in the _ -
. .....N I'roparty Owner
County Registry of Deeds in Book
Candace I. Tellier Page ....... .....w......._.......
Yotitioner
llistrict of the Land Court Certificate No. -
»... .... _................. Book ..:..._ ..._._._ Page
1985 42 ... _._....... 19
Appeal No. ... . ... ». . _
FACTS and DECISION
Petitioner...... Candace I.„.Tellier....,,,,� ........................ filed petition on 19 85
reduestin a :variance-permit for premises at --In.... Gi�.?'1..,.$ 9 ....... •••••• in the village
t
(Street)
of ............__Hz�ann2s ., adjoining premises of .................. (see attached list) ._.......
Locus under consideration:. Barnstable Assessor's Map no. .:........... lot no.
Petition for Special'Permit (]
_ .
Application for Variance: ❑ made-under Sec. .. ......APP?nd�XM . .... of the Town of Barnstable
Zoning by-laws and Sec: _ ......................... ..........................:........................... Chapter 40A., Mass. Gen. Laws
for the purpose of
creation-of two 'gZassed-in dining area additions to the existing buiZding
Locus is presently zoned in.. ...:. ............... `.... ... ...:.. .. . ........
Notice of this hearinq was given by mail, postage prepaid, to all persons deemed affected and
by publisltdng iii Barno table 'Patriot newspaper published in Town of Barnstable a copy -of
which is attachod to the r000nt of those proceedings filed with Town Clerk.
A pttblie liearing by t1ie lloard of Appeals. of the 'Town ..of Barnstable was..held at the Town
8 00 X. M. P,M. May 16, 19 85
Office Building, 1lyaiauls ,Mush., at _._............... ... ....... .. ._ _ ,
ulx)n said petition under zoning by-laws.
Present at the hearing were the following members:
RzchardL'.....BO'�... ............. _._..-Luke P. GaiZ
.._LalZy _..... ............ _
... _NihtinaZe_
_ ..
Chairman
Rona U..Jan•sson.............�..__ . __EZizabeth...Horton.. _.......... ...._.........._._......... .._....... _
%%At'the conclusion of the hearing, the Board took flaid petition under advisement. A view of the
ocus was made by the Board.
1985-42 Appeal No. _».. ...._._. .._ .» Page ..._.......... of
On ._........»dune.J.,............................................. ....» ». __ .._ 19&5..... , The Board of Appeals found
Attorney. Richard C. Anderson represented the petitioner who is requesting relief
from the provisions of the zoning by-taw in a business. zone, which would require
a 20 foot: front yard setback, to allow the petitioner to install two glass enclosures
to the front .of tlte. existing Howard Johnson restaurant - to be a one-'story addition
and consist entirely of glass for a full-service fine-quaZity restaurant at. Main St., , ,,
Hyannis. These arddGtiona wilt not increase the capacity of the restaurant - seating
of about 226 - no Iic►rking wilt. be eliminated. The addition to the west will seat
about 50, while tha addition to the east wilt accommodate about 36 patrons. The
Lot consists of 9011i arwan and contains the Howard Johnson Motor Lodge and also
Wack A Jacks which in a aeharate building at the back of the lot. The topo is a
cumulative colleul,lon of oonditions of the area; almost all of the buildings violate
the 20 foot setbuuk i►a+lti6suir►ent - this should not be closer to the sidewalk than many
existing buitdingn along Main street. If the proposed additions are allowed, the
westerly addition Mould intrude about three and a half feetl*- the building is set
back about 10 feet and the petitioner will come back another- three and a half feet
W - to be about 44 - 51 further towards Main street than presently exists. .
To be a brick patio under glass and continued brick inside. To be landscaped with
shrubs in front of the building, etc. The. petitioner does not intend to have any
dancing or entertainment- - would accept that as a restriction. The petitioner has
submitted a Plan whioli iitdicates the building in relationship to Main Street.
Gait Nightingale made a motion that we grant the relief requested with the restrictions
that the addition never be solid enclosure (walls), and that there be no dancing or
entertainment - to be as per the Plan submitted at the filing - seconded by Ron Jansson,.
The Board voted unanimously (although absent, Mr. Boy 's vote,-was recorded as in favor)
to.aZZow the petitioner the relief requested.
- 1)
�►�...»....................... ...1
�7c„S.x,L.T,.; Ulu+cic ul'. the 'nnwii of Barnstable, 13arnstable
County, Madsncl111H141H, Il1'ri-liy 11mill'y Thai. Iwiutl,y (20) dnyH leave elapsed Mince the Board,of Appeals
rendered IN doelHiun III 11w nhuvo entitled pet11,1011 and that no appeal of said decisiom bas been filed
in the offiec of Like Towi► 01orlt,
Signed and Sealed [111H +lad• of
. .......:................. ./,1.U.!-:1,�.....
...................
under the pains and
penalties of perjury. �
Distribution:—
PropertyOwner ` ............................................................................................................................._..........
Town Clerk Board of Appeals
Applicant Town of B, table
Persons interested
Building Inspector
Public Information By ........................
.......................................................... �' J
.Board of Appeals Chairman,`�