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337 & 345 MAIN STREET (HYANNIS)
� � `�. � 3 �� f _ .: I � � . � i o•� k � 2 � ! ,� �� �' _ �, �, . � ,� 1 g1o�3�l�- 3ecure44- PIA- 0\fz mil �J7�_ PROJECT NAME-lf.,1220 ADDRESS: c3c� 7 " 3 �5' /�//v �' Z COS �-OS PERMIT#,,,� �,� PERMI4ATE: �� W LARGE ROLLED PLANS ARE IN: BOX , SLOT Data entered in MA PS program on. 7 g 0 BY. q/wpfiles/archive °4WE Complaint Call Report Printed On:""'2020 BARMAlrfA8 SM o; am� 337 MAIN STREET (HYANNIS), HYANNIS' case# C-19-80. Case M C-19-80 Address: 337 MAIN STREET(HYANNIS), Date: 1/30/2019 HYANNIS Owner Info: Property Info: ONE OCEAN STREET LLC MBL 29 MAIN STREET 2D FLOOR 327-111 ORLEANS MA 02653 Owner Notified?.- Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Unsafe or Abandoned Structure, Medium Priority Dept Referral Complaint Summary: Found 2nd story window to be missing exposing inside of abandoned building to weather and allowing for entry(with ladder or by other means to reach 2nd story).-HFD has marked this as an abandoned and unsafe building. 2nd floors are confirmed to be compromised. Action History: Action Taken Date Description Fee Inspector Close Case 1/17/2020 $0.010 mckechnr Close Case 1/17/2020 $0.00 mckechnr Inspector Assigned to Complaint: mckechnr Filed by:_ andersor Comments: Comment Date Commenter Comment 12/26/2019 mckechnr Inspection today revealed one door panel on the Ocean Street side, closest to the rear parking lot, that has been pried open, can be opened far enough to allow passage of a person between the studs where the insulation has been pushed into the building. See picture. Second floor opening is not secured in the rear wall. Realtor will be calling owner to secure . Follow up on Tuesday, 12/31/19. 1/17/2020 mckechnr Appears to be secured. See pictures. Date:. 1/17/2020 Town of Barnstable �.ZHE Tp - Printed On: 1117/2020 T1o� Complaint Cal ;Report BARM ARMa 337 MAIN STREET (HYANNIS)' HYANNIS o +6�eb Case# C-19-80 Date: 1/17/2020 Town of Barnstable s a ., SHE 7 t t p ,�, .` '; ;• narv. ': ' +k °F °��� i ;; CM1amplaintCall� Repor �. . , Pt a - ��nat, , €t a ;. •, BANN8fAe1.E,! � ' 337 MAIN STREET (HYANNIS); tHYANNIS �� ��x�:+ r( tire' 7 'a. f g t _ s' +'S �v.r„ °a' #f l.i 19 80'r F e s µ�� � �. � SP '� ��' 'a � w t'�` - a Case#: C-19-80 Address: 337 MAIN STREET(HYANNIS), Date: 1/30/2019 HYANNIS Owner Infer: Property Info: ONE OCEAN STREET LLC MBL: 29 MAIN STREET 2D FLOOR 327-111 ORLEANS MA 02653 Owner Notified?. Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Unsafe or Abandoned Structure, Medium Priority Dept Referral Complaint Summary: Found 2nd story window to be missing exposing inside of abandoned building to weather and allowing for entry (with ladder or by other means to reach 2nd story). HFD has marked this as an abandoned and unsafe building. 2nd floors are confirmed to be compromised. Action History: Action Taken Date Description Fee Inspector Close Case 1/17/2020 $0.00 mckechnr Close Case 1/17/2020 $0.00 mckechnr } Inspector Assigned to Complaint: mckechnr Filed by: andersor Comments: Comment Date Commenter Comment 12/26/2019 mckechnr Inspection today revealed one door panel on the Ocean Street side, closest to the rear parking lot, that has been pried open, can be opened far enough to allow passage of a person between the studs where the insulation has been pushed into the building. See picture. Second floor opening is not secured in the rear wall. Realtor will be calling owner to secure . Follow up on Tuesday, 12/31/19. 1/17/2020 mckechnr Appears to be secured. See pictures. fir, ',cT r 1 w Jw•.a ,. +;k«�'�,"�� X� 1/17%2020 r Town of BarnstableR. Date ::..w tea ,tp� a -, 3't #+a'Ye na�' 'g.�rs.,. A � �'�, Town of Barnstable Inspectional Services M S&LE. Brian Florence,CBO 039• `0m Building Commissioner ATED MAC a 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us INSPECTION REPORT Address : 337 MAIN STREET (HYANNIS), HYANNIS Case # C-19-80 Inspection Type : Violation Inspector: mckechnr Description IDate Unit Status Comment 1 ,Violation M !01/17/2020 ;PASS Building appears secure, see photos TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 21 Parcel S i:o�s 3 A AV II OF BANNSTAPLEApplication Health Division __"I11 � r: s, ,Date Issued _c _ff 10ic— Conservation Division Application F Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board DIVISION Historic - OKH _ Preservation/ Hyannis Project Street Address Village f 1 y�`J �f Owner � Address a��.� i V�r�f� (�.Z ' c—coref Telephone ` .� :Z39 16�p Permit Request RZ)Off ¢>-.� ��rv�. �'�c_< �nGi°� 'n t!L-" i. Square feet: 1 st floor: existing ky J'%proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay }� Project Valuation v Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑ Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ 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 (BUILDER OR HOMEOWNER) Name O G Telephone Number J -s 410 Address i 54) �IL G3G�v' License # ,fit f�64,1 ?e iih Home Improvement Contractor# l J b S Email Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 3"V L 4n I SIGNATURE ' �"��, DATE t FOR OFFICIAL USE ONLY APPLICATION# DATEISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER y tY DATE.OF INSPECTION: FOUNDATION FRAME I . INSULATION. FIREPLACE r ELECTRICAL: ROUGH' FINAL F a PLUMBING: ROUGH! FINAL GAS: ROUGH FINAL r FINAL BUILDING DATE.CL.OSED OUT A G.GIATION PLAN NO. The Commonwealth.of Massachusetts Department of IndustrialAccidents Office of Investigations 600 Washington Street - Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/OrganizatioiAndividual): R A k/ t,, Al G Address: .�li AL All VC 174 Ll�l � City/State/Zip: (o Phone#: y Are ou an employer?Check the appropriate boa: Type of project.(required): 1 MI am a employer with 4. ❑ I 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.$ required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their HE ❑ umbing repairs or additions myself. m se 'com right of exemption per MGL Y �o workers P. 12.-7 Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp:insurance required.] *Any applicant that checks box 41 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees.'If the sub-contractors have employees;they must provide their workers'comp.policy number.. I am an employer that is providing workers'compensation insurance for my employees. Below is thepolicy andjob site information. / 4 Insurance Company Name: I _T Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: �yA„ /A 1JAA15 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 do hereby certijn u e pains an en 'es of perjury that the information provided above is true and correct Sip-nature: t ' Date: l Phone#: --'d0L!f Official use only. Do not write in this area,to be completed by city or town official ----- City or Town.• - Permit7l,icense# 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 also states that."every state or local licensing agency shall withhold the issuance or onwealth for an in the comm erate a business or to construct buildings Y renewal of.a license or permit to op 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 r r partners,are not required to c workers' compensation insurance. If an LLC or LLP does have members o azTY P p q 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 or license is being requested,not the De Department of n for the permit P to the city or town that.the application g be returned ty pp P 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 and under Job Site Address" the applicant should write"all.locations in (city or policy information(if necessary) PP town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or,licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would lice 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,govfdia 017 EL , au e ere gency o, W-JOOP ID:JL �m CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/09/2014 t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER_($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. 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 andorsament(s). PRODUCER CANT C7 NAME: Paul Peters Insurance Agency PHONE FAX 680 Falmouth Rd. a/c No Mashpee,MA 02849- ADDRESS: John J.Lynch,IV FRODUCFR HOLMRY1 INSURERS AFFORDING COVERAGE NAIC# INSURED Ryan Holmes Contracting, Inc.. INSURERA:FIRST MERCURY INS CO Kelly Holmes INSURER 5: 180 Ninigret Avenue wsuREac: Mashpee.MA 02649 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER! REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TYPE OF INSURANCE ADDL SUB UNCE POLICY NUMBER YY MMIDDIYY MMIDD/YYYY R POLICY EFF PO LYR LIMIT9 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO REN A X COMMERCIAL GENERAL LIABILITY MACGL000004977001 11/30/2014 11/30/2016 PREMISES Es occurrence) $ 50,000 CLAIMS-MADE F7x OCCUR MED EXP(Any oneperson) $ EXCI PERSONAL&ADV INJURY $ 11000,000 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY 7 'P LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (PER ACCIDENT) $ NON-OWNED AUTOS $ $ UMI3RET.LA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE - RETENTION S $ WORKERS COMPENSATION "1NCSTATU- - OTH- AND EMPLOYERS'UABBJTY - ANYPROPRIETORIPARTNER/EXECUTIVE YIN 7PJUB-SD88306-3-13 12/21/2013 .12121/2014 E.LEACHACCIDENT $ 1,000r000 OFFICERIMEMBER EXCLUDED? �N N/A -. _ (Mandatory In NH) E.L.DISEASE-FA EMPLOYE 1,000,000 DfEC RPsTcxIOheN WOF"WO PERATION$below .E.L.DISEASE-POLICY LIMIT $ 1,000,000 bESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1a1,Additional Remarks Schadule,If moro spaoo Is rcgWred) RE: 177 CARRIAGE ROAD, OSTERVILLE, MA CERTIFICATE HOLDER CANCELLATION BARN005 SHOULD ANY OF THE ABOVL pESCRISFJD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 114 TOWN OF BARNSTABLE ACCORDANCE WITH THE POLICY PROVISIONS. 367 MAIN ST. HYANNIS, MA 02601- AUTHORIZED REPRESENTATIVE John J.Lynch,IV A 0198E-2009 ACORD CORPORATION.,All rights reserved. ACORD,25(2009109) The ACORD name and logo are registered marks of ACORD i lMassachusetts - Department of Public Safety v Board of Budding Regulations and Standards _ tense CS-009622 AL GEORGE R RYA,N 180 Ninigret Ave.; Mashpee MA 02649 =xpirahon 01/24/2016 i�orvn,csioner �� n "L CGJ J�CC /GGJ�� �%J, Regulation Office of Consumer Affairs and Business 10 Park Plaza Suite Boston, Massachusetts 02116 Home Improvement Contractor Registration tion: 173263 9 Type: Private CorporTr# 259342 Expiration: 9/20/2016 RYAN HOLMES CONTRACTING INC. GEORGE RYAN 180 NINIGRET AVE. - _-- - MASHPEE, MA 02649 ---- Updare Address and return card.Mark reason nfor change, Card Address j_, Renewal '- I Employ I ,;; 20M-05/11 ��� ��� �;�,r„�,,,/�/, , %���•-����������� License or registration valid for individul use only before the expiration date. If found return to: Office of Consumer Affairs&Business Regulation =HOME IMPROVEMENT CONTRACTOR Office of Consumer Affairs and Business Regulation Type: 10 park Plaza-Suite 5170 registration: 173263 private Corporaticn Boston,MA 02116 "expiration: 912012016 .N HOLMES CONTRACTING INC. tf ff r ORGE RYAN o r �"�`'?`��— �te N lid without ' NINIGRET AVE. Undersecretary SHPEE,MA 02649 • snxivsz�s�, • 1619. ,0 Town of Barnstable .erED►iM�p Regulatory Services Richard V.Scah,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstoble.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I,Ve LL o �� �� ,as Owner of the subject property l hereby authorize 'D 6- 1 ?1 "I to act on my behalf, in all matters relative to work authorized by this building permit application for: 33-1 MC'� , n (54— (Address of Job) Signature of OwnW, 0_4 06"C 1 ate Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. QAWPHLESTORWbuilding permit formsEXPRESS.doc Revised 061313 dF� + z►xivsrnsre. • 9 Town of Barnstable ram " Regulatory Services Richard Scali,Director Building Division Thomas Perry,CB0 Building Commissioner 200 Main Street, Hyannis,'MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder " as Owner of the subject l property hereby authorize CS e-0 to act be half, , in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner ate Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. QAWPELESTORWbuilding pemi t fonnslsmokecarbondetectors.doc. Revised 050412 Town of Barnstable Regulatory Services Richard V.Scali,. Director Building Division sAIUMABM Tom Perry,Building Commissioner KAM 200 Main Street, Hyannis,MA 02601 3 ED MA't www.town:barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print _. .. . DATE: JOB LOCATION: O C N //number ,, _ 4 (Are t village 7� "HOMEOWNER": V hf-e oc-P-t, �~(,� �cl ��✓ �� ��� name home phone# work phone# CURRENT MAILING ADDRESS: jljl-C� F' city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner" assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations., The undersigned"homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum inspection rocedures and requirements and that he/she will comply with said procedures and quire G � Signature of Homeowner Approval of Building Official _ larger will be required to comp ly with the dwellings containing 35 000 cubic feet or p y Note. Three-family dw g g g q State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section.(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems, particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require, as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. 337-345 MAIN STREET Property Namel Last 1-libel Gallery Occupancy Occupant Last Status Va cant Usage Commercial UNSAFE Main St. Side A/D corner Ocean St. at town parking lot 319 Main Street Barnstable Patriot No System on property Out of Service _ rinkler4S 0 tem tandP�I? Yte:m Out of Service - can be No System on property . pumped thru FDC HIGH Side Bravo 1/2 way down on Ocean Street Potential for early collapse _ Type pe of Construction - Mixed Mo Berate Number of floors Potential for multi-room fire on arrival 2 Moderate Exterior Walls Potential for fire spread to an exposure HYANNIS FIRE KEPT. Low Wood Securit Status Yes Brick _ DANGEROUS BUILDINGS SECURED Yes Block TRUSS CONSTRUCTION Structural Status Truss Roof No Curtain Wall Significant roof and floor,rot - holes Cast Concrete Truss Floors No Roof Condition Ma'or Deterioration Status of Exterior Doors & Windows Interior Walls Condition Boarded up and secure Moderate Deterioration Interior floors Condition Partial Collapse Exterior Walls Condition Owner Thomas Quinn Moderate Deterioration - Wood areas Mailing Exterior Structures decks stairs etc Address n Other Damage or problems Owner Phone 508-726-2600 Sprinkler is Off, can be pumped FDC side B Integrity e-mail of the system is unknown. vagrants are known to be in the building, access via make shift ladder and open 2nd floor window D/C Date of last Ins 10/1/2015 corner. 4ATE ADDED TO LIST 10/29/2007 NUMEROUS HOLES IN THE FLOORS, FLOORS ARE ROTTED. INAW FLOOR AND/Olt ROOF FAILURE PROBABLY IF Data Last Updated 10/1/2015 WALKED ON. BUILDING MARKED WITH THE X ON 18-NOV-14 List Activity Current Changed Since Yes PER OWNERS ENGINEER BLDG IS A COLLAPSE last Inspection °FTNEA Town of Barnstable Regulatory Services + BARNSfABLE, MAM Thomas F. Geiler, Director 'OrF16 9. `0 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 September 19, 2006 Gail Hanley, Clerk Cape Cod Commission P.O. Box 226 Barnstable, MA 02630 Re: Jurisdictional Determination for Hyannis Regulatory Agreement 7 Hibel Realty LLC/_3.3 &3 a 45-MiSt n- r-eet Hyannis Dear Ms. Hanley: I am writing pursuant to Cape Cod Commission Regulations, Chapter D, Development Agreement Regulations Governing the provisions for Development Agreements, Barnstable County Ordinance 92-1, as amended through July 19, 2005, Section 6(b), and Chapter 168 of the Barnstable Code. This letter is to inform you that the town has received a request for a regulatory agreement for the property located at 337 & 345 Main Street, Hyannis, Massachusetts. The proposal is to construct a 56,000 sq. ft. four story mixed use building with underground garage. A copy of the Regulatory Agreement Application is enclosed for your files. I have determined that the proposed development is not a Development of Regional Impact at this time for the following reasons: The proposed development does not meet or exceed one or more of the Cape Cod Commission mandatory thresholds for review as a Development of Regional Impact as set forth in the Cape Cod Commission Enabling Regulations, Chapter A, Section 3. The proposed development is located in the Hyannis Growth Incentive Zone (GIZ) as approved by the Cape Cod Commission by decision dated April 6, 2006, and the proposed development is included within the area authorized by Barnstable County Ordinance 2006- 06 establishing a cumulative development threshold within the GIZ, under which this development may proceed. In addition, the project does not meet or exceed the DRI Thresholds established under Condition#G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis Growth Incentive Zone, dated April 6, 2006, as follows: 1. The project is not an addition or expansion associated with the Cape Cod Hospital; p J P P p 2. The project is not a proposed demolition or substantial alteration of an historic structure or destruction or substantial alteration to an historic or archaeological site listed with the National Register of Historic Places or Massachusetts Register of Historic Places, outside a municipal historic district or outside the Old King's Highway Regional Historic District; 3. The project does not provide facilities for transportation to or from Barnstable County, including but not limited to ferry, bus, rail, trucking terminals,transfer stations, air transportation and/or accessory uses, parking or storage facilities, and any auxiliary or accessory uses are not greater than 10,000 s.f. of Gross Floor Area or 40,000 s.f. of outdoor area; and 4. As represented by the applicant, the project does not require and Environmental Impact Report under MEPA. Please contact me if you have any questions regarding this matter. Sincer , Thomas Perry r �1 'Town of.Bar nstable Building Department a Brian Florence, CBU kk' _ Building Commissioner BOSTABLE HARNSTAIBIE 9� MASSL 200 Main street, Iiyannisr MA 02601 OrFn.n+A�a www..tnwn.barnsbble.ma.us Office: 508462-4038 Fax:50.86790-623Q Sign .Permit Application Zoning District (� Pe rmit# 4 Historic District OW 51 Location by �- Street address and Village cry z7 1 ( 1 Applicant Map & Parcel Telephone Number Emait Tete p _ Sign #1 Sign #2 Wall Wall. Freestanding 0 Freestanding Electrified* Electrified Dimensions Sign #1 Cimensions Sign #.2 Square feet Square feet Reface Existing Sign 0 : NowlReplace Sign 0 Width of Building Face ft. X 10. X .10= *Lighting Type A wiring permit is required if sign is electrified. C C r �� A&IJ sT y Signature of Owner./Au orized Agent Mailing address oFVE Town of Barnstable Building Department seaNsrnsr.E,MASS. Brian Florence,CBO 1639. a`� Building Commissioner �pTED µpi 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 SIGN PERMIT REQUIREMENTS T: A photograph showing the existing facade,on whichhas,been indicated the proposed sign location. The photograph is to include a portion of adjoining stores or building. For a proposed building or new facade, an architect's elevation may be'submitted in lieu of a photograph: . - 2: A scale drawing of the proposed sign.A scale drawing indicating: t J) 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 colored scale graphic indicating dimensions, showing colors, materials and method of affixing it to the sign and to the building. Minimum scale 1"= 1'. Minimum sheet size, 8.5 x 11. 4: A completed Town of Barnstable Sign Application, including scaled diagram showing location of sign on building or location of free-standing sign. Show dimensions. t the building face or the leased area. The width of bui 5. g NOTE: the map/parcel number is required on the application. signs/signre.qu&app revised: 9/22/17 �own of Barnstable, MA Page 1 of 2 ' Town of Barnstable, MA Tuesday,April23, 2019 Chapter 240. Zoning Article VII. Sign Regulations § 240-74. Temporary signs. Temporary signs and special sale signs may be permitted in all districts subject to the following requirements: A. The total area of all temporary signs allowed in this section shall not exceed 20% of the glass area of the window in which the sign is placed. B. Special event and/or temporary signs, flags or banners belonging to a not-for-profit organization, civic organization or church: [Added 5-7-2009 by Order No. 2009-074] (1) Prior to installation, shall be registered with and approved by the'Building Commissioner for a specific property owned or leased to a not-for-profit, civic organization or church. (2) Shall be displayed only during permitted hours of operation and shall be removed once operations cease each day. (3) Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at " the discretion of the Building Commissioner or public safety officials, to be a public safety risk. (4)�Shall,not_exceed_four feet_in width and-five feet-in length (5) Shall remain subject to approvals of all applicable historic boards or commissions. C. Real estate signs. [Added 5-5-2011 by Order No. 2011-046] (1) Open house signs: (a) Shall only be placed for display 60 minutes before and shall be removed within 60 minutes after the open house event. (b) Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety officials, to be a public safety risk. (c) i https://www.ecode360.com/printBA2043?guid=6559797 4/23/2019 - gown of Barnstable, MA Page 2 of 2 Shall not be placed in any area that obstructs or otherwise intrudes into areas containing memorials or monuments. Open house signs are prohibited on a traffic island where such memorials or monuments are located. ' (2) Open house directional signs: (a) Shall only be placed for display 60 minutes before and shall be removed within 60 minutes after the open house event. (b) Shall only be displayed to assist motorists in finding an open house that is concurrently displaying an open house sign. (c) Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety officials, to be a public safety risk. (d) Shall not be placed in any area that obstructs or otherwise intrudes into areas containing memorials or monuments. Open house signs are prohibited on a traffic island where such memorials or monuments are located. (3) Subdivision off-premises directional signs: (a) Shall be displayed only during period of time when developed or undeveloped lots in the subdivision are offered for initial sale by the developer and shall be removed once such initial sales are complete. (b) In accordance with § 240-85, prior to installation, shall be permitted by the Building Commissioner for the specific subdivision. Evidence of ownership, lease or other arrangement allowing installation and display at the proposed location shall be provided to the Building Commissioner with the sign permit application. (c) Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety . officials, to be a public safety risk. (d) Shall be located within reasonable proximity to the boundary of the subdivision. (e) Shall not exceed three feet by five feet. (f) Shall remain subject to approvals of all applicable historic boards or commissions. https://www.ecode360.com/printBA2043?guid=6559797 4/23/2019 i s- 2 6 M i I :=ter e J� �r IiA OZ r` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map � Parcel ' Application# 6 a S Health Division ow Conservation Division r-- �Permit# • Tax Collector ' Date Issued Treasurer Application Fee Planning Dept. Permit Fee p Date Definitive Plan Approved by Planning Board C2lQo 60 Historic-OKH Preservation/Hyannis Project Street Address 3 3 A i eJ ST- p Village 1 it JP t_S ,\'S` Owner R -ti LL C Address Telephone u rl - �Y S Permit Request e d e S+9 6LO �vut Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. -� Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes Y 'oo On Old King's Highway: ❑Yes Q�Ko 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 E o � w Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stsoovvf: ❑Yew ❑�fo Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existi ❑new�ize as Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: -o r Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial Comes Ll No If yes, site plan review# Current Use Proposed Use yA cLx&,&& 4� Res((A&LA AA— BUILDER INFORMATION Name Telephone Number Address U 6 License# C S L 01 21 Home Improvement Contractor# Worker's Compensation# L., 5 6 O Lk& 63 U3 L.01? o.b� ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �" SIGNATUR DATE �' t € FOR OFFICIAL USE ONLY S , PERMIT NO. DATE ISSUED ' I MAP/PARCEL NO. e ADDRESS VILLAGE Ail OWNER DATE OF INSPECTION: , FOUNDATION FRAME • T . INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL t z FINAL BUILDING ' I ' DATE CLOSED OUT j ASSOCIATION PLAN NO. ; 1 C i T.r�'p ,.7 .,kr.�. .w,.. y. _ r.•;y��-•-•r `,.C�_rr�r�V�G' �,, '��• TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ti.. fer Map i � Parcel t .k Application# � J 5 Health Division Conservation Division ""`Permit# Tax Collector Date Issued Treasurerw A.: Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic-OKH ,,>. Preservation/Hyannis Project Street Address Village -���? I n-0 ► �. . 1 \ X _ Owner k f 0, Address 17 N,, ► 3 t Telephone (p t 1 - 7A 2- 1Q,q Permit Request !Pov,, -k.t, ,`Ar � .�L(.A0+1,,tp_-e VA-A r� kI CLAAAJIA4rr�i,A ` Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new—, Zoning District - Flood Plain - Groundwater Overlay i n� Project Valuation Construction Type - a , : Lot Size Grandfathered: ❑Yes ❑ Y supporting No If es, attach su ortin documentation. ' Dwelling Type: Single Family ❑ Two Family,-❑ Multi-Family(#units) 1'2— Age of Existing Structure Historic House: ❑Yes A'go On Old King's Highway: 0 Yes Y' Q9No Basement Type: ❑FOIL ❑Crawl '❑Walkout ❑Other 1 ; t Basement Finished Area(sq.ft.) ' _ ,Basement Unf.inished Area(sq.ft) Number of Baths: Full:existing new `"" Half:existing" new ` �Number of Bedrotoms:. existing new M Total Room Count(not including baths):existing new First Floor Room Count 1. Heat Type and Fuel:' ❑Gas ❑Oil ❑Electric ❑Other_ Central Air: ❑Yes ❑No Fireplaces:--Existing New Existing wood/coal stove: ❑,Yes _ 0 No Detached garage:❑existing 0 new size Pool:❑existing ❑new size Barn:❑existing ❑new 'size ..;:..:, ,• '- * - . - • � "1 'tea ' , ,' ,;, Attached garage:❑existing ❑new size Shed'❑existing ❑new size Other:l - :> 1 Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ =` Commercial-y2 Yes • ❑No If yes,site plan review.# Current Use /z,_Wit' Proposed Use &A u_c- =BL1'ILDtk INRORMAT-ION Name �k� r�0UU�R Telephone Number Y Address 9 - License# A A u.,� Home4Improvement Contractor# Worker's Compensation# G 5 L O U, a- a3 t':,Lqs�- a- ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATUR DATE P s FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE 4 OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING i DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02III' w>Ommass.gov/dia ' Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'bl Name(Business/Orgam'zation/Individual): , .-:PAQ •Address: uoky, -';'a L k- City/State/Zip: Phone.#: Are you an employer?Check the appropriate box: :Type of pioject(required):• 1,❑ I am a employer with 4• ❑ I am a general contractor and I loyees(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 8. ❑Demolition working for me in any capacity. employees and have workers' 9. ❑Building addition [No workers',comp.insurance comp.insurance$' required.] 5. ❑ We area corporation and its 10.❑•Electrical repairs or additions q � officers have exercised their '3.❑ I am a homeowner doing all-work . 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 13.❑Other ' employees. [No workers' 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 anew affidavit indicating such. *Contractors that check this box must attached an additional sheet showing the name of the pub-contractors and state whether ornot those entities have employees. If the sub-contractors have employees,they must provide theif workers'comp,policy number. I am an employer.that is providing workers'compensation insurance for my employees. Below ts.the policy and job site' information. Insurance Company Name: OyubUt1�j Policy#or Self-ins.Lic,#:_ to (�3� L bkln7 Expiration Date: U _ Job Site Address: . E�7 P4 A 1A) �� �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 viol Be advised that a copy of this statement may be forwarded to the Office of Investigations fo nce c era e verification, " I do here certify de he ns•an penalties of perjury that the information proviZ;2- bov is true and correct Si a e: Date: 4 _ Phone Official use only. Do not write in this area, to be completed by" city or town officiai: City or Town: " Termit/License# Issuing Authority(circle one): A.Board of Health 2,Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: r 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�aeceptable evidence of compliance with the insurance coverage required." AdditionaIly,MGL ehapter.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 eviderree-ofcompliarzce vyith 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-contiactor(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 TowiR 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/Iicense 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 aifidavit must be filled out each . year.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture (i.e. a dog license or permit to bum 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 Depaitment's address,telephone-and fax number:. e Commonwealth of MaSacUWtts Dvartment of JndusWal Accidents Of "of fnvesdgations 600 Washin on Suet Bosstox- 1A 02 111 Tol.#617-727-000 ext 406 or 1-877-MASSAFF Faye#617-727-7749 Revised 11-22-06 www.mamgov/dia 'oF - Town•of Barnstable Regulatory Services rrsrasi e, : Thomas F.Geller,Director 9� 16 9, i � Building Division p�fD MP � TomPerry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Fax: 509-790-6230 Officer 508-862-403 8 Property Owaer Must Complete axed Sign,This Section. If.Using A Builder . . ,as Owner of the subjectproperty to act on my behalf, hereby authorize in all raa#ets relative to work authorized by this building permit application for: (Address of Job) S of Owner Date Pant Name Q:FORMS:OWNERPERIM SION °p1HE Town of Barnstable °^ Regulatory Services • Bnxxszas[� MASS. . Thomas F. Geiler, Director 059. ��'A 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 August 10, 2007 Mr. Paul Donovan 66 Ruggles St. Quincy, MA 02169 Re: 337 Main St., Hyannis, MA 02601 Dear Mr. Donovan, On May 1, 2007 you applied for a demo-rebuild permit for the above referenced property. AQ06 documentation was missing from the application. We spoke on the phone about having it before the application could continue being processed. To date this office has heard nothing more. Would you please let us know the status of this project. Thank you for your attention to this matter. Sincerely, Paul Roma Local Inspector °EVE� Town of Barnstable Regulatory Services + B M&rABLE, MAss. Thomas F. Geiler, Director 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 August 10, 2007 Mr. Paul Donovan 66 Ruggles St. Quincy, MA 02169 Re: 337 Main St., Hyannis, MA 02601 Dear Mr. Donovan, On May 1, 2007 you applied for a demo-rebuild permit for the above referenced property. AQ06 documentation was missing from the application. We spoke on the phone about having it before the application could continue being processed. To date this office has heard nothing more. Would you please let us know the status of this project. Thank you for your attention to this matter. Sincerely, Paul Roma Local Inspector f Ttu The Hanover Insurance company t 440 Lincoln Street,womester,MA 0.1653 Cithens lnsurartte company of'Am'enca 1645 west Grand River Avenue,Howell,M1 48843 insurance Groups. AAassachusetts Pay Insurance.Company,i.440.Lincoin;Street,..Woicester,MA 01653 STREET PERMIT BOND Bond No. BLN7807834 KNOW ALL MEN BY THESE PRESENTS, that we, Hibel Realty LLC of Boston,MA 02109 , as Principal, and ® The Hanover Insurance Company (A New Hampshire Corporation) ❑Massachusetts Bay Insurance Company (A New Hampshire Corporation), as Surety, are held and firmly bound unto Town of Hyannis , as Obligee, in the penal sum of Ten Thousand Dollars , good and lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, and our heirs, executors, administrators, jointly and severally, firmly by these presents. WHEREAS the said Principal has applied to said Obligee for a license to open, occupy, cross by vehicles and obstruct a certain portion of a public sidewalk/berm, curbing street or way in said Town or City of Hyannis NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if Principal shall faithfully observe and honestly comply with the provisions of all Laws or Ordinances of Obligee regulating the business for which license is issued, then this obligation shall be void; otherwise to be and remain in full force and virtue. PROVIDED, THE LIABILITY OF THE SURETY upon this bond shall be and remain in full force and effect for the full period of the license, and renewals thereof, issued to the principal above named, or until ten days after receipt by the Obligee of a written notice signed by such Surety, or its authorized agent, stating that the liability of such Surety is thereby terminated and canceled; and provided further, that nothing herein shall affect any rights or liabilities which shall have accrued under this bond prior to the date of such termination. Signed, sealed and dated the 30th d'ay of April 2007 Hibel Realty LLC Principal /- , (Seal) ® THE HANOVER INSURANCE COMPANY wQ'o�°fir ❑ MASSACHUSETTS BAY INSURANCE COMPANY 972Q:p_ Marilyn M Foxx, Attorney-in-Fact unnnnn\a\ > .� Bond No.: BLN7807834 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Marilyn M Foxx of Newton, MA and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Street Permit in the amount of $ 10,000.00 and said companies hereby ratify and confirm all and whatsoever said Attorneys)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted September 7,2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 30th day of April , 2007 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ... ... I 4ALE �° ,N CITIZENS INSURANCE COMPANY OF AMERICA 19" t� ' Richard M.Van Steenburgh,Vloe President Paul F.Carlao,Assistant Vice President , THE COMMONWEALTH OF MASSACHUSE17S ) COUNTY OF WORCESTER )SS. On this 30th day of April , 2007 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument b9 --y the authority and direction of said Corporations. NO 011M CanseNine r a d 1 5... wce.�+rrew were Afolary Public My commission expires on November 3,2011 I,the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7,2001 -Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 30th day of April , 2007 THE HANOVER INSURANCE COMPANY'. MASSACHUSETTS BAY INSURANCE-COMPANY' CITIZENS INSURANCE COMPANY OF AMERICA' Charles'T..Wells;.Assistant Vice.President i I P.O.Box 1915-D Beltsville,MD 20704-1915 4-19-07 This letter is to inform that Vernon lines to 337 main St in Hyannis have been cut and removed for building demolition. Sijnc�e�y , 774 C�(6 ek6nscoll 7814418721 NSTAR SUM SW3024 08:02:09 a . 04-11-2007 1 tt ' 1� �� NSTAR Electric r�Gas Company One NSTAR Way,Westwood,Massachusetts 02090-9230 El EC rRIC GAS April 10, 2007 Attorney Vincent J. Dimento Hibel Realty LLC 7 Faneuil Marketplace Boston, MA 02109-6113 VIA Fax 508-778-4832—ATTN: Tony/Seaview Construction Fax 7-8.1-848-7190.-ATTN:_Paul_Donovan RE: 337 Main Street- Hyannis Dear Attorney Dimento: At NSTAR, we're committed to delivering great service. This letter serves as confirmation that, as of March 28, 2007, the electric service to 337 Main Street, Hyannis, was removed on Work Order# 1577792. 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)441.3457. Sincerely, Gl a Moakley Customer Service Engineer C1fJM NffwTWM19t0 a Va/ln/6VVt wisu la:az rAA 7VDSYa1V1V t;WRVAbW rAttRVuzn VJrFLA;r. tQ�VYG/Vu6 � r Me o To: Tony McDonald Donn John Mawhinney cc Date: 4/18/2007 Ree Drop ne nmW To whom It mayconcem, The line front the pole tQ the house at 331 Main Street in Hyarmnis has been removed according to your request an 4/17107.Arry forger questions,please feel free to call. John Mawhinaey Technical Opera Supervisor 10 Old Town House Road South Yarmouth,MA 02664 508-760.3400 ext 3099 (G)617-279-6043 John Mawhione @cable comcmt.com i O�ZHE ow Department of Public Works 47 Old Yarmouth Rd. P.O. Box 326 Water Supply Division Hyannis, MA. * BARNSTABLE, * 02601-0326 y MASS. TEL:508-775-0063 Fo �a•` Hyannis Water System Operations FAX:508-790-1313 4/25/07 Town of Barnstable Building Inspector Town Hall Hyannis, MA 02601 RE: BF Realty Trust 337 Main Street 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 ;Vwp WhiteWater•Pennichuck Operated and Maintained by WhiteWater,Inc.and Pennichuck Water Services Corp. Y REGULATORY AGREEMENT ONE OCEAN STREET,HYANNIS This regulatory agreement("Agreement')is entered by and between the developer,Hibel Realty LLC,("Developer")and the Town of Barnstable(grown"},a municipal corporation,on this1kday ofOc-i-,2006 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Developer under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both,and build fair affordable housing on-site; WHEREAS this Agreement shall establish the permitted uses, densities, and traffic within the Development,the duration of the agreement,and any other terms or conditions mutually agreed upon between the Developer and the Town. WHEREAS this Agreement shall vest land use development rights in the property for the duration of the agreement, and such rights shall not be subject to subsequent changes in local development ordinances, with the exception of changes necessary to protect the public health,safety or welfare. WHEREAS,the Town is authorized to enter into this Agreement pursuant to Chapters 168 and 240 of the Barnstable Code; . WHEREAS the Developer is the legal owner of the property("Property')at 337 and 345 Main Street,Hyannis,.consisting of approximately 18,550 sq t shown on Barnstable Assessor's Map 327/as Parcels I I I&112 and Land Court Plans 15379A& 15853C,by virtue of Land Court Certificate of Title# 169924,and desires to develop the Property pursuant to a regulatory agreement; WHEREAS,.the Town is the legal owner of the property at 25 Ocean Street,Hyannis,a municipal parking lot("Municipal Lot')by virtue of Land Court Certificate of Title No. { I 17405,containing approximately 27,007 sq 1%shown as Parcel 261 on Barnstable Assessors Map 327; WHEREAS,the Developer has committed to construct improvements to the Municipal Lot at an expense of approximately$215,800 and has committed to on-going maintenance of the Municipal Lot at an expense of approximately$32,000:per year; WHEREAS,Developer is willing to commit itself to the development of the project substantially in accordance with this Agreement and desires to have a reasonable amount of flexibility to carry out the Development and therefore considers this Agreement to be in its best interests;and 1 of 10 •r WHEREAS,the Town and Developer desire to set forth in this Agreement their respective understandings and agreements with regard to development of the Property; WHEREAS the Development will not require regulatory review under the Massachusetts Environmental Policy Act(MEPA)or the Cape Cod Commission Act; WHEREAS the Developer has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; WHEREAS the Development is located in the Hyannis Growth Incentive Zone(GM as approved by the Cape Cod Commission by decision dated April 6,2006,as authorized by Barnstable County Ordinance 2005-13,Chapter G,Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application; WHEREAS the Development is not subject to review by the Cape Cod Commission as a Development of Regional Impact due to its location in the GIZ and due to the adoption of Barnstable County Ordinance 2006-06 establishing a cumulative development threshold within the GIZ,under which this development may proceed and the Developer has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS,prior to applying for approval of this Agreement,the Developer has undergone review by the Hyannis Main Street Waterfront Historic District and received approval thereunder on May 18,2005; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS the Developer will require zoning relief from maximum density(Floor Area Ratio),minimum parking,building height requirements and thirty-foot height setback requirements for the south side of Main Street,and road setbacks,all as further defined in condition number 32 below; WHEREAS the Developer has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on August 14,2006; WHEREAS the Developer has undergone a public hearing on the Agreement application before the Town Council and received a 213rds vote approving the application on September 21,2006; NOW,THEREFORE, in consideration of the agreements and covenants hereinafter set forth,and other good and valuable consideration,the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other,the Developer and the Town do enter into this Agreement,and hereby agree and covenant as follows; 2of10 1. If the Development rights granted hereunder are exercised,the Developer agrees to construct the Project in accordance with the plans and specifications submitted to and approved by the Town,listed as follows and made part of this Agreement by reference: a) Plans entitled"Proposed Retail and Residential Development for FEW Realty,LLC,One Ocean Street,Hyannis,MA,Supplemental Drawings issued for Development Agreement/Planning Board Approval".as follows: Sheets Tl,and Cl through C9,prepared by BSC Group,dated February 17,2005 and revised through August 1,2006; Sheet Ll,prepared by Helios Land Design,dated February 27,2006 and revised through August 3,2006;and Sheets A L I and Al A prepared by Brown Lindquist Fenuccio&Raber, dated July 26,2006 and revised through August 3,2006. b)Plans entitled"Proposed Retail and Residential Development for Hibel Realty, LLC,One Ocean Street, Hyannis,MA,Design Drawings issued for Development Agreement/Planning Board Approval",as follows: Sheets A1.0,A1.2,A1.3,A1.5,A2.0 and A2.1,prepared by Brown Lindquist Fenuccio&Raber,dated May 15,2006. c)Revised plans to be submitted in response to comments provided by memorandum from Steven Seymour,P.K to the Barnstable Planning Board, dated August 4,2006. d) Such other plans and plan revisions as may be required by the terms and conditions of this Agreement; 2. The Developer proposes to demolish the existing building at the property,and construct a four story mixed use building consisting of twenty-two(22),two(2) bedroom residential units on the upper floors and 12,000 sq. & of non-residential floor space,served with an elevator and a thirty-four(34)space underground parking garage,in the HVB zoning district and Growth Incentive Zone(GIZ)of Barnstable(the"Development'); 3. Ground-floor uses shall be the permitted principal or accessory uses within the HVB Zoning District, Section 240-24.1-3.A of the Barnstable Code,with the exception that no live entertainment,no drive through windows,and no restaurant requiring an exhaust system shall be permitted on the ground floor; 4. The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of one year from the effective date of the Agreement,provided,however,that prior to the expiration of said one year period the Developer may request one six month extension to obtain development permits. Upon receipt of necessary development permits construction shall proceed continuously and expeditiously,but in no case shall construction exceed 2 years from receipt of necessary development permits. The Developer estimates that construction will commence on or about October 2,2006 and will be completed on or about June 25,2007; 3of10 5. The Developer shall establish a condominium association to carry out the terms and conditions of this Agreement which association shall include all residential and non-residential condominium units. For the purposes of this Agreement,the term"Developer"shall mean the Developer and/or Developer's successor condominium association(s).The form and content of condominium association documents,including the condominium master deed and association bylaws,shall be approved by the Town of Barnstable Legal Department prior to the sale of any condominium units; 6. Developer has agreed to contribute public capital facilities to serve the proposed development and the Town by reconstructing the abutting Municipal Lot which will contain parking for 55 spaces,and providing appropriate paving,curbing, striping,lighting,landscaping,and irrigation and drainage as required by the Town. Said reconstruction,striping,and installation of lighting,landscaping,and irrigation and drainage shall occur between Labor Day and Memorial Day and shall be completed prior to the issuance of any Certificate of Occupancy for the development,provided,however,that the Planning Board may accept a bond or other security satisfactory to the Planning Board of not less than 150%of actual costs of completing required landscaping,striping,and/or lighting,in lieu of work completed,and the acceptance of such bond or other security shall authorize the issuance of one or more Certificates of Occupancy,as may be solely determined by the Planning Board. Unless otherwise authorized by the Planning Board, construction work undertaken pursuant to this Agreement shall not interfere with public parking for 55 vehicles in the Municipal Lot between Memorial Day and Labor Day of each year, 7. Lighting for the development and the Municipal Lot shall be contained on-site, shall be down cast and shall not contribute to light pollution of the area; 8. The lighting plan and landscaping plan(including an irrigation plan for landscaping in the Muncipal Lot)for the Property and Municipal Lot must be approved by the Planning Board,or its designee,and such approval shall include input from the Hyannis Main Street Waterfront Historic District Commission or its designee; 9. Developer shall bury underground the overhead utilities along Ocean Street extending from Main Street to the existing utility pole at the south end of the Municipal Lot,and shall bury underground the overhead utilities within the Municipal Lot as shown on the plans,and the cost of burying said utilities shall be borne by the Developer, 10.Nothing in this agreement shall be deemed to limit the legal use of the Municipal Lot by the public as the same may be determined by the Town from time to time; 4of10 11.Developer shall maintain landscaping,irrigation and drainage on the Municipal Lot in perpetuity; 12.Developer shall be responsible for snow plowing and snow removal on the Development site and the Municipal Lot in perpetuity; 13.All landscaping within the development,including landscaping within the Municipal Lot,shall be low water use and shall minimize the use of fertilizers and pesticides; 14.Bonds: Prior to the issuance of a foundation building permit and prior to commencement of reconstruction of the Municipal Lot,Developer will provide a performance bond in an amount to be approved by the Planning Board or its designee,said bond to be expended on the replacement of landscape materials if such replacement becomes necessary. Any unexpended portion of said performance bond may be released by the Planning Board to the Developer or his successor(s)after five years from the date of the initial landscape plantings,such date to be determined by the Building Commissoner,upon the request of the Developer, 15.Bonds: Bonds shall be provided as required by applicable regulation(i.e. for road openings). In addition,prior to the issuance of a foundation building permit and prior to commencement of reconstruction of the Municipal Lot,a bond or other security acceptable to the Planning Board shall be provided to insure the Town against damage to town property and to insure quality of construction work on Town property and Iong term maintenance of improvements on Town property. The amount of said bond(s)or security shall be determined by the Planning Board or its designee; 16.Developer and its successors will participate in the Town of Barnstable's Transportation Management Association(TMA)upon its formation. Participation shall include: (a)distribution of materials provided by the Town to all tenants, lessees,and purchasers of condominium units within the development;and(b)the identification of a representative for the development who will serve as the contact between the inhabitants and tenants of the development and the Town's TMA; 17.Access to the rear of 347 Main Street and 349 Main Street for delivery of supplies to those businesses shall be maintained as shown on the plans; 18.Developer shall provide two affordable units within the development. The affordable units shall be provided as follows: i. The developer agrees to sell the two affordable units to a governmental agency or non-profit who shall offer said units for sale or lease to a qualified affordable purchaser or tenant whose 5of10 income is at 65%of the area median income based upon household size.The initial selling prices for each unit shall be based upon a formula under which monthly housing costs,including mortgage payments,taxes,insurance,and condominium association fees, shall not exceed 30%of 65%of the area median income based upon household size.The proportionate share of the condominium fees for all of the units in the development shall be established based upon the initial sales price. ii. One(1)two-bedroom unit shall be provided on the second floor and one(1)two-bedroom unit shall be provided on the third floor. The affordable units shall comply with all terms of the Barnstable Inclusionary Affordable Housing Ordinance,Section 9 of the Barnstable Code.Affordable units shall be in form, substance and location consistent with market rate units. iii. Before the first ten(10)occupancy permits for the market rate units can issue,the Developer must demonstrate that at least one of the two approved affordable housing units has been sold to a governmental agency or non-profit organization and an affordable housing restriction and monitoring services agreement,in a form acceptable to the Town Attorney,has been recorded at the Barnstable County Registry of Deeds; and that the unit is eligible for inclusion in the Department of Housing and Community Development Subsidized Housing Inventory. iv. Before occupancy permits for the eleventh(11`)to the twentieth (2&)market rate units can issue,the Developer must demonstrate that the second of the two approved affordable housing units has been sold to a qualified purchaser as defined in Section 9 of the Barnstable Code and an affordable housing restriction and monitoring services agreement, in a form acceptable to the Town Attorney,has been recorded at the Barnstable County Registry of Deeds;and that the unit is eligible for inclusion in the Department of Housing and Community Development Subsidized Housing Inventory; 19.All phmibing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project; 20.Consistent with approved plans,Developer shall construct a Passive Stormwater Maintenance and Infiltration System to service the Development and the abutting municipal lot at 25 Ocean Street; 6of10 21.Developer will assume all maintenance responsibilities for the Passive Stormwater System servicing the Property and Municipal Lot,and the landscaping and irrigation at the Municipal Lot; 22.Town will grant Developer perpetual access to the parking garage and drainage easements over the Municipal Lot to serve the Development,which easement shall be approved in form and content by the Town Attorney. Developer shall obtain Town Attorney approval and shall record said easement at the Barnstable County Registry of Deeds prior to the issuance of a building foundation permit; 23.Developer will provide a bicycle rack at the Municipal Lot as shown on the plan; 24.In recognition of the construction of an underground parking lot to service the Property,the location of the Development within two-hundred feet(200')of the North Street municipal parking lot,the provision of approximately$215,800 in construction improvements to the Municipal Lot and approximately$32,000 per � year in on-going maintenance of the Municipal Lot,and the contribution of funds for the Town to acquire a parking meter as required by Condition#25 below,no further parking mitigation shall be required beyond the mitigation established by this Agreement. It is agreed that the Developer shall provide all improvements and maintenance as required by Conditions#6,7,8,9, 11, 12, 13,20,21 and 23, regardless of actual cost.; 25.Developer will contribute$10,000 for parking mitigation- The Town Manager shall determine whether such fimds shall be: (a)deposited in a municipal fund dedicated to planning,design and/or improvements related to municipal parking needs,or(b)the purchase of a remote parking meter for the Municipal Lot(to be installed by the Town),in which case the Town shall collect all revenue obtained from the parking meter.Developer shall provide the$10,000 parking mitigation contribution prior to the issuance of an occupancy permit for any of the condominium units; 26.During the pendency of construction of the Project and the reconstruction of the municipal lot,the Town will grant Developer a non-exclusive license agreement over the 25 Ocean Street Property(the Municipal Lot). The Town Attorney shall approve the form and content of the non-exclusive license agreement prior to issuance of a building foundation permit; 27.Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible; 28.Developer shall provide calculations demonstrating adequate water flow for fire suppression,and standpipes,as required by the Hyannis Fire Department; 29.Ground-floor uses shall not use,store,generate,treat or dispose of hazardous waste or hazardous materials in quantities greater than 25 gallons(or the dry 7of10 weight equivalent)or less,and shall not generate hamdous waste in quantities greater than the Very Small Quantity Generator level as defined in the Massachusetts Hazardous Waste Regulations,310 CMR Section 30353; 30.Developer is responsible for obtaining all applicable permits and licenses, to the folio foundation permit,building permit, including but not limited wing: street excavation permit(necessary for work in all public spaces,including work in the Municipal Lot),sewer permits and water permits. Only approved contractors are allowed to work on Town owned property. Contractors are required to have the insurance stipulated in the Street Excavation Rules and Regulations(SERR)and all work on town property must comply with all provisions of SERR; 31.Developer will make best efforts to complete construction work in accordance with a construction schedule and sequencing plan submitted to the Town prior to the execution of the Regulatory Agreement To the extent construction impacts public property or public rights of passages changes in the schedule,if needed as work progresses,are subject to the approval of the Town. The Developer shall hold weekly construction progress meetings to which the Town will be invited if construction involves town property. The developer shall notify the Town of Barnstable Growth Management Department and the Department of Public Works at least 48 hours in advance of working on Town property. (—he construction sequencing plan shall identify those areas of Ocean Street road layout,the sidewalk and the Municipal Lot that will be used by the Developer at various points in the project construction and where barricades and fencing will be installed during construction.) The Developer will be responsible for all construction signage,directional signs,and police officers necessary for the performance of the work; 32.Exterior construction impacts shall be minimized,and construction shall be limited to the hours of 6:30 a.m.to 6:00 pm.weekdays,and 7:30 a.m.to 2:00 pm.Saturdays. No exterior construction shall occur on Sundays. The Building Commissioner shall establish protocols to minimize the location of staging,noise, dust,and vibration; 33.To the extent that the referenced plans do not depict all of the findings and conditions as set forth in this Agreement,revised plans and/or notations shall be provided. In addition to permits,plans and approvals listed above,any and all permits and licenses required shall be obtained; 34.Upon completion of all work,a registered engineer of land surveyor shall submit a letter of certification,made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan. This document shall be submitted prior to the issuance of the final certificate of occupancy; 8of10 35. Town hereby grants a waiver from the following zoning restrictions: Building height: Relief is granted from Section 240.24.1-3.C,Maximum building height,and 240.24.1-3.C.2.a.3,regarding building setback off of the south side of Main Street,and permission is granted to construct the building at a maximum height of four stories with the maximum ridge height not to exceed fifty-five feet(55')as shown on the plans; Pens' . Relief is granted from Section 240.24.1-3.C.Floor Area Limitations to allow an Floor Area Ratio of 3.67 including the underground parking garage; Parkinu: Relief is granted from Section 240.24.1-3.D,Site development standards,and Section 240.24.1-10.A.4.c.2,and permission is granted for the construction of the number and length of parking spaces as shown on the plans. Zero Lot Line Setback: Relief is granted from Section 240.24.1-3.C.l.a to allow the building to be constructed at a 2.62 foot road setback as shown on the plans. IN VVrrNESS WHEREOF,the parties have hereunto caused this Agreement to be executed,on the day and year first above written. Dated this J day o 2006. W Town o arnstable Devel ,Hihd Realt§LLC By:Jpfin C.Klimm By.Vincent J.DiMento,Manager Town Manager APPROVED AS TO FORM v. Robert D. Smith Town Attorney 9of10 COMMONWEALTH OF MASSACHUSETTS u F62 11.- County,ss. On this JVhday of QC2 ber ,2005,before me,the undersigned notary public,personally appeared Vincent I DiMento,the Managing Member of Hibel Realty,. LLC,proved to me through satisfactory evidence of identification,which was[a current driver's license] [a current U.S.passport] [my personal knowledge],to be the person whose name is signed on the preceding instrument and acknowledged to me that he/she signed it voluntarily for its stated purpose as Managing Member of I-libel Realty,LLC. A-t-� 0 FER Giy-Public My coninisslon expires: _ COMMONWEALTH OF MASSACHUSETTSsa ,t,�TARy .4............. County,ss. On this6t4ay fJ =�,before me,the undersigned notary public,personally appear C.Klimm,Town Manager for the Town of Barnstable, Massachusetts,and proved to me through satisfactory evidence of identification,which was�a current driver's tense [a current U.S.passport] m personal knowledge ,to be the person whose name is signed on the preceding instrument and ac ow to me that he signed it voluntarily for its stated purpose as Town Manager as aforesaid. kao o b ion exp' 43 o� � �M�1�00 sPNW 10 of 10 FF y: ,- we Cra�avino3uuea � a ✓Oddczcl{uiP{�` 1 x Board of Building Regulations andsStandacds ! Construction Supervisor License PoN r � � License' CS 70843. Birthdate 2/1M949 i �, _ r Expiration 211/20U9 TrAi 9980 t Resdiction' OQ PAUL P )Q14.11 QUINCY,MA 02169` Commissioner' i VDAC WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE AR INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER: (GS60U6-0363L08-0-07) NEW-07 INSURER: HARTFORD UNDERWRITERS INSURANCE COMPANY NCCI CO CODE: 80411 1. INSURED: PRODUCER: ' DONOVAN, PAUL P AGNITTI INS AGENCY INC 66 RUGGLES STREET 21 FRANKLIN STREET QUINCY MA 021G9 QUINCY MA 02169 Insured is AN INDIVIDUAL Other work places and identification numbers are shown in the schedule(s) attached. 2. The policy period is from 02-24-07 to 02-24-08 12:01 A.M. at the insured's mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s) listed here: MA a . �— B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: �= Bodily Injury by Accident: $ :500000 Each Accident Bodily Injury by Disease: $ 500000 Policy Limit Bodily Injury by Disease: $ 500000 Each Employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: COVERAGE REPLACED BY ENDORSEMENT WC 20 03 0GA D. This policy includes these endorsements and schedules: op SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE o� 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating ur= Plans. All required information is subject to verification and change by audit to be made ANNUALLY. DATE OF ISSUE: 03-27-07 DR ST ASSIGN: MA OFFICE: ORLANDO DA HTFD 05G PRODUCER: AGNITTI INS AGENCY INC 285HX 117854 ST- , REGULATORY AGREEMENT ONE OCEAN STREET, HYANNIS This regulatory agreement ("Agreement") is entered by and between the developer, Hibel Realty LLC, ("Developer") and the Town of Barnstable ("Town"), a municipal corporation, on this—day of , 2006 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Developer under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both, and build fair affordable housing on-site; WHEREAS this Agreement shall establish the permitted uses, densities, and traffic within the Development, the duration of the agreement, and any other terms or conditions mutually agreed upon between the Developer and the Town. WHEREAS this Agreement shall vest land use development rights in the'property for the duration of the agreement, and such rights shall not be subject to subsequent changes in local development ordinances, with the exception of changes necessary to protect the public health, safety or welfare. WHEREAS, the Town is authorized to enter into this Agreement pursuant to Chapters 168 and 240 of the Barnstable Code; . WHEREAS the Developer is the legal owner of the property ("Property") of 337 and 345 C:Main Street, Hyannis,-consisting of approximately 18, 550 sq ft, shown on Barnstable Assessor's'M_ap 327/as Parcels 1 I I&112'and Land Court Plans 15379A & 15853C,by virtue of Land Court Certificate of Title # 169924, and desires to develop the Property pursuant to a regulatory agreement; WHEREAS, the Town is the legal owner of the property at 25 Ocean Street , Hyannis, a municipal parking lot ("Municipal Lot")by virtue of Land Court Certificate of Title No. 17405, containing approximately 27,007 sq ft, shown as Parcel 261 on Barnstable Assessors Map 327; WHEREAS, the Developer has committed to construct improvements to the Municipal Lot at an expense of approximately$215,800 and has committed to on-going maintenance of the Municipal Lot at an expense of approximately $32,000 per year; WHEREAS, Developer is willing to commit itself to the development of the project substantially in accordance with this Agreement and desires to have a reasonable amount of flexibility to carry out the Development and therefore considers this Agreement to be in its best interests; and 1 of 10 f° WHEREAS, the Town and Developer desire to set forth in this Agreement their respective understandings and agreements with regard to development of the Property; WHEREAS the Development will not require regulatory review under the Massachusetts Environmental Policy Act (MEPA) or the Cape Cod Commission Act; WHEREAS the Developer has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; WHEREAS the Development is located in the Hyannis Growth Incentive Zone (GIZ) as approved by the Cape Cod Commission by decision dated April 6, 2006, as authorized by Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application; WHEREAS the Development is not subject to review by the Cape Cod Commission as a Development of Regional Impact due to its location in the GIZ and due to the adoption of Barnstable County Ordinance 2006-06 establishing a cumulative development threshold within the GIZ,under which this development may proceed and the Developer has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS, prior to applying for approval of this Agreement, the Developer has undergone review by the Hyannis Main Street Waterfront Historic District and received approval thereunder on May 18, 2005; WHEREAS, the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS the Developer will require zoning relief from maximum density (Floor Area Ratio), minimum parking, building height requirements and thirty-foot height setback requirements for the south side of Main Street, and road setbacks, all as further defined in condition number 32 below; WHEREAS the Developer has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on August 14, 2006; WHEREAS the Developer has undergone a public hearing on the Agreement application before the Town Council and received a 2/3rds vote approving the application on September 21, 2006; NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, the Developer and the Town do enter into this Agreement, and hereby agree and covenant as follows; I 2of10 l. If the Development rights granted hereunder are exercised, the Developer agrees to construct the Project in accordance with the plans and specifications submitted to and approved by the Town, listed as follows and made part of this Agreement by reference: a) Plans entitled"Proposed Retail and Residential Development for Hibel Realty, LLC, One Ocean Street, Hyannis, MA, Supplemental Drawings issued for Development Agreement/Planning Board Approval", as follows: Sheets Tl, and C1 through C9, prepared by BSC Group,dated February 17, 2005 and revised through August 1, 2006; Sheet LI, prepared by Helios Land Design, dated February 27, 2006 and revised through August 3, 2006; and Sheets Al.1 and AI A, prepared by Brown Lindquist Fenuccio &Raber, dated July 26, 2006 and revised through August 3, 2006. b) Plans entitled"Proposed Retail and Residential Development for Hibel Realty, LLC, One Ocean Street, Hyannis, MA, Design Drawings issued for Development Agreement/Planning Board Approval", as follows: Sheets A1.0, A1.2, A1.3, A1.5, A2.0 and A2.1, prepared by Brown Lindquist Fenuccio & Raber, dated May 15, 2006. c) Revised plans to be submitted in response to comments provided by memorandum from Steven Seymour, P.E. to the Barnstable Planning Board, dated August 4, 2006. d) Such other plans and plan revisions as may be required by the terms and conditions of this Agreement; 2. The Developer proposes to demolish the existing building at the property, and construct a four story mixed-use building consisting of twenty-two (22), two (2) bedroom residential units on the upper floors and 12,000 sq. ft. of non-residential floor space, served with an elevator and a thirty-four(34) space underground parking garage, in the HVB zoning district and Growth Incentive Zone (GIZ) of Barnstable (the "Development"); 3. Ground-floor uses shall be the permitted principal or accessory uses within the HVB Zoning District, Section 240-24.1-3.A of the Barnstable Code, with the exception that no live entertainment, no drive through windows, and no restaurant requiring an exhaust system shall be permitted on the ground floor; 4. The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of one year from the effective date of the Agreement, provided, however, that prior to the expiration of said one year period the Developer may request one six month extension to obtain development permits. Upon receipt of necessary development permits construction shall proceed continuously and expeditiously,but in no case shall construction exceed 2 years from receipt of necessary development permits. The Developer estimates that construction will commence on or about October 2, 2006 and will be completed on or about June 25, 2007; 3of10 t 5. The Developer shall establish a condominium association to carry out the terms and conditions of this Agreement which association shall include all residential and non-residential condominium units. For the purposes of this Agreement, the term "Developer" shall mean the Developer and/or Developer's successor condominium association(s). The form and content of condominium association documents, including the condominium master deed and association bylaws, shall be approved by the Town of Barnstable Legal Department prior to the sale of any condominium units; 6. Developer has agreed to contribute public capital facilities to serve the proposed development and the Town by reconstructing the abutting Municipal Lot which will contain parking for 55 spaces, and providing appropriate paving, curbing, striping, lighting, landscaping, and irrigation and drainage as required by the Town. Said reconstruction, striping, and installation of lighting, landscaping, and irrigation and drainage shall occur between Labor Day and Memorial Day and shall be completed prior to the issuance of any Certificate of Occupancy for the development, provided, however, that the Planning Board may accept a bond or other security satisfactory to the Planning Board of not less than 150% of actual costs of completing required landscaping, striping, and/or lighting, in lieu of work completed, and the acceptance'of such bond or other security shall authorize the issuance of one or more Certificates of Occupancy, as may be solely determined by the Planning Board. Unless otherwise authorized by the Planning Board, construction work undertaken pursuant to this Agreement shall not interfere with public parking for 55 vehicles in the Municipal Lot between Memorial Day and Labor Day of each year; 7. Lighting.for the development and the Municipal Lot shall be contained on-site, shall be down cast and shall not contribute to light pollution of the area; 8. The lighting plan and landscaping plan (including an irrigation plan for landscaping in the Muncipal Lot) for the Property and Municipal Lot must be approved by the Planning Board, or its designee, and such approval shall include input from the Hyannis Main Street Waterfront Historic District Commission or its designee; 9. Developer shall bury underground the overhead utilities along Ocean Street extending from Main Street to the existing utility pole at the south end of the Municipal Lot, and shall bury underground the overhead utilities within the Municipal Lot as shown on the plans, and the cost of burying said utilities shall be borne by the Developer; 10. Nothing in this agreement shall be deemed to limit the legal use of the Municipal Lot by the public as the same may be determined by the Town from time to time; 4of10 11. Developer shall maintain landscaping, irrigation and drainage on the Municipal Lot in perpetuity; 12. Developer shall be responsible for snow plowing and snow removal on the Development site and the Municipal Lot in perpetuity; 13. All landscaping within the development, including landscaping within the Municipal Lot, shall be low water use and shall minimize the use of fertilizers and pesticides; 14. Bonds: Prior to the issuance of a foundation building permit and prior to commencement of reconstruction of the Municipal Lot, Developer will provide a performance bond in an amount to be approved by the Planning Board or its designee, said bond to be expended on the replacement of landscape materials if such replacement becomes necessary. Any unexpended portion of said performance bond may be released by the Planning Board to the Developer or his successor(s) after five years from the date of the initial landscape plantings, such date to be determined by the Building Commissoner, upon the request of the Developer; 15. Bonds: Bonds shall be provided as required by applicable regulation(i.e. for road openings). In addition, prior to the issuance of a foundation building permit and prior to commencement of reconstruction of the Municipal Lot, a bond or other security acceptable to the Planning Board shall be provided to insure the Town against damage to town property and to insure quality of construction work on Town property and long term maintenance of improvements on Town property. The amount of said bond(s) or security shall be determined by the Planning Board or its designee; 16. Developer and its successors will participate in the Town of Barnstable's Transportation Management Association(TMA) upon its formation. Participation shall include: (a) distribution of materials provided by the Town to all tenants, lessees, and purchasers of condominium units within the development; and (b)the identification of a representative for the development who will serve as the contact between the inhabitants and tenants of the development and the Town's TMA; 17. Access to the rear of 347 Main Street and 349 Main Street for delivery of supplies to those businesses shall be maintained as shown on the plans; 18. Developer shall provide two affordable units within the development. The affordable units shall be provided as follows: i. The developer agrees to sell the two affordable units to a governmental agency or non-profit who shall offer said units for sale or lease to a qualified affordable purchaser or tenant whose 5of10 income is at 65% of the area median income based upon household size. The initial selling prices for each unit shall be based upon a formula under which monthly housing costs, including mortgage payments, taxes, insurance, and condominium association fees, shall not exceed 30% of 65% of the area median income based upon household size. The proportionate share of the condominium fees for all of the units in the development shall be established based upon the initial sales price. U. One (1) two-bedroom unit shall be provided on the second floor and one (1) two-bedroom unit shall be provided on the third floor. .The affordable units shall comply with all terms of the Barnstable Inclusionary Affordable Housing Ordinance, Section 9 of the Barnstable Code. Affordable units shall be in form, substance and location consistent with market rate units. iii. Before the first ten(10) occupancy permits for the market rate units can issue, the Developer must demonstrate that at least one of the two approved affordable housing units has been sold to a governmental agency or non-profit organization and an affordable housing restriction and monitoring services agreement, in a form acceptable to the Town Attorney, has been recorded at the Barnstable County Registry of Deeds; and that the unit is eligible for inclusion in the Department of Housing and Community Development Subsidized Housing Inventory. iv. Before occupancy permits for the eleventh(I Ith) to the twentieth (20th) market rate units can issue, the Developer must demonstrate that the second of the two approved affordable housing units has been sold to a qualified purchaser as defined in Section 9 of the Barnstable Code and an affordable housing restriction and monitoring services agreement, in a form acceptable to the Town Attorney, has been recorded at the Barnstable County Registry of Deeds; and that the unit is eligible for inclusion in the Department of Housing and Community Development Subsidized Housing Inventory; 19. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project; 20. Consistent with approved plans, Developer shall construct a Passive Stormwater Maintenance and Infiltration System to service the Development and the abutting municipal lot at 25 Ocean Street; 6of10 21. Developer will assume all maintenance responsibilities for the Passive Stormwater System servicing the Property and Municipal Lot, and the landscaping and irrigation at the Municipal Lot; 22. Town will grant Developer perpetual access to the parking garage and drainage easements over the Municipal Lot to serve the Development, which easement shall be approved in form and content by the Town Attorney. Developer shall obtain Town Attorney approval and shall record said easement at the Barnstable County Registry of Deeds prior to the issuance of a building foundation permit; 23. Developer will provide a bicycle rack at the Municipal Lot as shown on the plan; 24. In recognition of the construction of an underground parking lot to service the Property, the location of the Development within two-hundred feet (200') of the North Street municipal parking lot, the provision of approximately $215,800 in construction improvements to the Municipal Lot and approximately $32,000 per year in on-going maintenance of the Municipal Lot, and the contribution of funds for the Town to acquire a parking meter as required by Condition#25 below, no further parking mitigation shall be required beyond the mitigation established by this Agreement. It is agreed that the Developer shall provide all improvements and maintenance as required by Conditions#6, 7, 8, 9, 11, 12, 13, 20, 21 and 23, regardless of actual cost.; 25. Developer will contribute $10,000 for parking mitigation. The Town Manager shall determine whether such funds shall be: (a) deposited in a municipal fund dedicated to planning, design and/or improvements related to municipal parking needs, or(b) the purchase of a remote parking meter for the Municipal Lot (to be installed by the Town), in which case the Town shall collect all revenue obtained from the parking meter. Developer shall provide the $10,000 parking mitigation contribution prior to the issuance of an occupancy permit for any of the condominium units; 26. During the pendency of construction of the Project and the reconstruction of the municipal lot, the Town will grant Developer a non-exclusive license agreement over the 25 Ocean Street Property (the Municipal Lot). The Town Attorney shall approve the form and content of the non-exclusive license agreement prior to issuance of a building foundation permit; 27. Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible; 28. Developer shall provide calculations demonstrating adequate water flow for fire suppression, and standpipes, as required by the Hyannis Fire Department; 29. Ground-floor uses shall not use, store, generate, treat or dispose of hazardous waste or hazardous materials in quantities greater than 25 gallons (or the dry 7of10 weight equivalent) or less, and shall not generate hazardous waste in quantities greater than the Very Small Quantity Generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.353; 30. Developer is responsible for obtaining all applicable permits and licenses, including but not limited to the following: foundation permit,building permit, street excavation permit (necessary for work in all public spaces, including work in the Municipal Lot), sewer permits and water permits. Only approved contractors are allowed to work on Town owned property. Contractors are required to have the insurance stipulated in the Street Excavation Rules and Regulations (SERR) and all work on town property must comply with all provisions of SERR; 31. Developer will make best efforts to complete construction work in accordance with a construction schedule and sequencing plan submitted to the Town prior to the execution of the Regulatory Agreement. To the extent construction impacts public property or public rights of passage, changes in the schedule, if needed as work progresses, are subject to the approval of the Town. The Developer shall hold weekly construction progress meetings to which the Town will be invited if construction involves town property. The developer shall notify the Town of Barnstable Growth Management Department and the Department of Public Works at least 48 hours in advance of working on Town property. (The construction sequencing plan shall identify those areas of Ocean Street road layout, the sidewalk and the Municipal Lot that will be used by the Developer at various points in the project construction and where barricades and fencing will be installed during construction.) The Developer will be responsible for all construction signage, directional signs, and police officers necessary for the performance of the work; 32. Exterior construction impacts shall be minimized, and construction shall be limited to the hours of 6:30 a.m. to 6:00 p.m. weekdays, and 7:30 a.m. to 2:00 p.m. Saturdays. No exterior construction shall occur on Sundays. The Building Commissioner shall establish protocols to minimize the location of staging, noise, dust, and vibration; 33. To the extent that the referenced plans do not depict all of the findings and conditions as set forth in this Agreement, revised plans and/or notations shall be provided. In addition to permits, plans and approvals listed above, any and all permits and licenses required shall be obtained; 34. Upon completion of all work, a registered engineer of land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan. This document shall be submitted prior to the issuance of the final certificate of occupancy; 8of10 35. Town hereby grants a waiver from the following zoning restrictions: Building height: Relief is granted from Section 240.24.1-3.C, Maximum building height, and 240.24.1-3.C.2.a.3, regarding building setback off of the south side of Main Street, and permission is granted to construct the building at a maximum height of four stories with the maximum ridge height not to exceed fifty-five feet(55') as shown on the plans; Density: Relief is granted from Section 240.24.1-3.C. Floor Area Limitations to allow an Floor Area Ratio of 3.67 including the underground parking garage; Parking: Relief is granted from Section 240.24.1-3.D, Site development standards, and Section 240.24.1-10.A.4.c.2, and permission is granted for the construction of the number and length of parking spaces as shown on the plans. Zero Lot Line Setback: Relief is granted from Section 240.24.1-3.C.l.a to allow the building to be constructed at a 2.62 foot road setback as shown on the plans. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. Dated this day of ;2006. J Town o arnst able Developer, Hibel Realty LLC By: J& C. Klimm By: Vincent J. DiMento, Manager Town Manager , APPROVED AS TO FORM "V. Robert D. Smith Town Attorney I 9of10 COMMONWEALTH OF MASSACHUSETTS County, ss. On this day of , 2005, before me, the undersigned notary public,personally appeared Vincent J. DiMento, the Managing Member of Hibel Realty, LLC,proved to me through satisfactory evidence of identification, which was [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged to me that he/she signed it voluntarily for its stated purpose as Managing Member of Hibel Realty, LLC. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County, ss. 2DD� On this6 �ay f before me, the undersigned notary public, personally appear C. Klimm, Town Manager for the Town of Barnstable, Massachusetts, and proved to me through satisfactory evidence of identification, which was a current driver's license [a current U.S. passport] m personal knowledge , to be the person whose name is signed on the preceding instrument and ac TW- e ge to me that he signed it voluntarily for its stated purpose as Town Manager as aforesaid. a 2 'iTof ry ubl c �3 �� fission expir LNM R WHEUM WINW R&C EOWMW 10 of 10 i r C� y� BARNWABM 3 AM Town of Barnstable Planning Board Application for a Regulatory Agreement Hyannis Village Zoning Districts (Attach additional sheets if necessary) A regulatory agreement is a contract between the applicant and the Town, under which the applicant may agree to contribute public capital facilities to serve the proposed development and the municipality or both, to build fair affordable housing either on-site or off-site, to dedicate or reserve land for open-space community facilities or recreational use or to contribute funds for any of these purposes. The regulatory agreement shall establish the permitted uses, densities, and traffic within the development, the duration of the agreement, and any other terms or conditions mutually agreed upon between the applicant and the Town. A regulatory agreement shall vest land use development rights in the property for the duration of the agreement,and such rights shall not be subject to subsequent changes in local development ordinances. For office use only: RA# Date Received Town Clerk: Days Extended: Hearing Dates: Dated Submitted to Town Council The undersigned hereby applies to the Planning Board of the Town of Barnstable for a Regulatory Agreement, in the manner and for the reasons set forth below: 1. Applicant Name': HIBEL REALTY LLC Phone: c/o 508.430.1900(t) 508.430.9979 (f) Applicant Address: C/O MICHAEL D. FORD, ESO.PO BOX 665, W. HARWICH, MA 02671 Project Name: ONE OCEAN STREET Property Location: 337/345 MAIN STREET. HYANNIS. If applicant differs from owner, state nature of interest:2 2. Owners of Record. Provide the following information for all involved parcels (attach additional sheets if necessary and as required by item 13, Other Submissions): Owners Land Ct. Lot& Registry of Deeds #Years Lot/Parcel Name Certif. of Title# Plan Book/Page Name Certif. of Title# Plan Book/Page# Ovvned# Ovvned 327/ 111&112 Hibel Realty LLC Cert# 169924;LC Plans 15379A& 15853C 3 years zThe Applicant Name will be the entity in whose name the Regulatory Agreement will issue. If the applicant differs from owner, the applicant is required to submit one original notarized letter authorizing the application, a copy of an executed purchase&sales agreement or lease, or other documents to prove standing and interest in the property. a Owne s Contact information (if different from applicant) Name Address Phone number: 3. Zoning District(s) HVB; GIZ Groundwater Overlay District: Yes [ ] No [X] Total land area subject to the Regulatory Agreement: 18550 SF Total land area upland: 18550 SQ FT (.42 ACRES) Total land area wetland: N/A Total estimated cost of construction: 4. Regulatory Agreement Requested: Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes [ ] No [X] Description of proposed agreement: The Project is located in the HVB Zone where mixed-use residential development is proposed and permitted as of right i.e mixed use development consistent with ground floor use limitations and with building footprint not exceeding 20,000 square feet and totaling not more than 60,000 square feet. 22 two bedroom residential units (2 affordable in keeping with the Barnstable Affordable Housing ordinancel are proposed on stories 2-4; 9000 sf of specialty retail and 3000 sf general office or bank with lobby is proposed for the ground floor in keeping with the ground floor use limitations imposed within the HVB zone The proposed building will also include an elevator and underground parking providing 34 residential spaces for a total of 56000 gfa. Density is allowed at a rate of 12 units/acre in the zone Applicable building height is the lesser of 3 stories or 42 ft.; minimum lot size is 5000 sf: 0' front 0' side & rear yard setbacks 3 0 FAR 100% allowable lot coverage. 34 Parking spaces will be provided on-site where 77 are required However, locus is adjacent to a municipal parking lot providinq 58 spaces which the applicant has proposed to renovate Locus is also served by municipal sewer, and is within 500' of another two municipal parking lots Applicant will also be requesting a drainage and access easement from the town over the municipal 25 Ocean Street lot and a license from the town to stage construction materials on the municipal lot during construction activities The Project Design has been approved by the Hyannis Historic District such approval is on file at the Building Department 5. Existing Zoning of the Site and Proposed Zoning Relief Required by the Regulatory Agreement: Site is located in downtown Hyannis HVB zone, and GIZ overlay zone. Waivers/ relief from zoning are sought relative to: 1) the proposed four stories of building height where three are currently allowed as of right 2) density in excess of the currently allowed as of right than 12 units/acre�3) length of parking spaces 4) number of parking spaces required on-site. 6. List the local, state or Federal Agencies from which permits, funding, or other actions have been/will be sought: Planning Board; Town Council; DPW Building; Historic HHDC. 7. Proposed duration of the Regulatory Agreement(by ordinance, the agreement with the Town cannot exceed 10 years): 10 years 8. A description of the public facilities and infrastructure to service the development, including whom shall provide such facilities and infrastructure, the date any new facilities will be constructed, a schedule and a commitment by the party providing such facilities and infrastructure to ensure public facilities adequate to serve the development are available concurrent with the impacts of the development: The applicant has proposed to completely renovate the municipal lot adjacent to the locus at 25 Ocean Street including paving, curbing, line painting, irrigation and landscaping and perhaps metering infrastructure. The applicant is in continued discussion with the Growth Management department concerning responsibility for maintenance of the lot and drainage facilities after reconstruction. Moreover, the applicant is in continued discussion with the Department concerning traffic mitigation, and the burial of existing overhead utilities 9. A description of any reservation or dedication of land for public purposes: N/A 10. Description of Construction Activity (if applicable), including any demolition, alteration or rehabilitation of existing buildings and a description of building(s) to be demolished, altered or rehabilitated: Demolish existing one story retail commercial building on-site and reconstruct 56,000 sf gfa 4-story mixed-use building with elevator and underground garage for residential parking. Construction activities will include all associated site work, and the reconstruction of the abutting municipal parking lot at 25 Ocean Street. Attach additional sheet if necessary 11. Existing Level of Development- Number of Buildings: 1 Existing Gross Floor Area: 8289 sq.ft., Present Use(s): retail/commercial Height of Present Uses: one story Density of Present Uses: .45 FAR Proposed Level of Development- Number of Buildings: 1 Proposed Gross Floor Area: 56000 sq.ft., Proposed Use(s): mixed use residential/office/ retail Height of Proposed Uses: 4 stories Density of Proposed Uses: 3.0 FAR 12. Local agency subject matter jurisdiction: Is this proposal subject to the jurisdiction of the Conservation Commission.......................Yes [ ] No (X] Is this proposal subject to the jurisdiction of the Hyannis MSW Historic District.................Yes [X] No [ ] Does this proposal require relief from zoning...........................................................Yes [X] No [ ] Does this proposal require relief from the Board of Health ..............................................Yes [ J No [X] 13. Submission Requirements: The following information must be submitted with the application at the time of filing, failure to do so may result in a denial of your request. Plan Submissions: All Plans submitted with an application shall comply with the requirements of Section 240-102 of the Zoning Ordinance. In addition, the following shall be provided: • Twelve (12) copies of the completed application form, each with original signatures. • Eight(8) copies of a 'wet sealed' certified property survey (plot plan) and twelve (12) reduced copies (8 1/2" x 11" or 11" x 17") showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. • Twelve (12) copies of a proposed site improvement plan and building elevations and layout as may be required plus twelve (12) reduced copies (8 1/2" x 11" or 11" x 17") of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to the structures. Other required submissions: • Review Fee(s) payable by certified check to the Town of Barnstable. • Deed(s) or Purchase and Sale Agreement(s) for all involved parcels. • Proof of filing of a Project Notification Form with the Massachusetts Historical Commission if the project is located outside of the Hyannis Main Street Waterfront Historic District. 14. Other: The applicant°may submit additional supporting documents to assist the Board in making its determination. All supporting docum nts mu be submitted eight days prior to the public hearing for distribution to the Board. Signature: Date: dla Applicant's r R resentative's Sign ur Print Name (G" �� Peru r, 15d Representative's3 U ROTC (e(e.- Phone: � � ! 00 Address: ©oL&� 7-y Fax No.: 7a'�t t a( 3 Note: All correspondence on this application will be processed through the Representative named at that address and phone number provided. Except for Attorneys, if the Representative differs from the Applicant/Owner, a letter authorizing the Representative to act on behalf of the Applicant/Owner shall be required. r HARNSrABLE, 'a79. Town of Barnstable Planning Board Hyannis Village Zoning Districts Agreement to Extend Time Limits for Closing a Public Hearing on a Regulatory Agreement In the Matter of HIBEL REALTY LLC, the Applicant(s), seeking a Regulatory Agreement approval as requested in an application submitted to the Town Clerk's Office of the Town of Barnstable on , the applicant(s) and the Planning Board, pursuant to Section 168 of the Barnstable Code, agree to extend the time limits for closing of a public hearing for a period of days beyond that date the hearing was required to be closed. In executing this Agreement, the Applicant(s) hereto specifically waive any claim for a constructive grant of relief based upon time limits applicable prior to the execution of this Agreement. Applicant(s): Planning Board: Signature: ( Signature: Applica (s)or Applicant's pr' enttaatiive Chairman or Acting Chairman Print: (G a d Fy2�, Date: Date: loco Address of Applicant(s)or Applicant's Representative PO % (X ( 5 Office of the Planning Board Planning Division 200 Main Street, Street, Hyannis, MA 02601 Phone 508-862-4687 cc: Town Clerk Applicant(s) File PARCEL 3: Registered LOT 3 and LOT 4 on Land Court Plan 15853-C For title, see Certificate of Title No. 158208. The above-described parcels are conveyed subject to and together with the benefit of easements set forth in Barnstable Land Court Division Documents No. 76,307,No. 76,306 and No. 685,310, as well as all other rights,easements,reservations and res trictions of record insofar as the same may be in force and effect. The above trustees hereby state: L 1. They are Trustees of Edna Hibel Foundation under Declaration of Trust dated December 10, 1970 and recorded as Land Court Document No. 804,423;and 2. The Trust has not been amended or terminated;and 3. The beneficiary of said trust,being legally competent, assents to the within conveyance. EXECUTED this the /Y' day of June 2003. Edna Hibel Art Foundation V By. t. --------- -- -` G 13F DEEDS OF DEEDS , D hITY EXCISE TAX , Edna Hibel Plotkin,Trustee 07/22/03 11:53AM 04 000000 #1743 DATE 07.t���.►03 TUE FEE $3591.00 Theodore Plotkin, Trustee cat 6,359'1 .00 TAX $2394,00 TOTAL $2394.00 William Hrbel,Trustee CASH $2394.00 CLERK 1 NO.016714 TIME 11.54 222L STATE OF FLORIDA PALM BEACH, ss June -( 2003 Then personally appeared the above-named Edna Hsibel Plotkm and Theodore Plotkir4 TrIatem,aforesaid and acknowledged the foregoing mstnw�to be tbew free act aid deed,before me. No (AFFIX SEAL) my commkmidu quires: n �� MARGARETA.KEPLER MY COMMISSION#DD 016746 ��pffla�� [:XP'RFS:April9,2005 7�063NOTARY R Nma r'^'m&80-Ong,Inc. _ STATE OF FLORIDA PALM BEACH; ss June/ 2003 Then personalty appeared the above-named WMiam Hibel,Trustee,aforesaid and w1nowledged the foregoing inshu=t to be bus f m act and deed,before me. No (AFFIX SEAL) my cammiSssart V#e6: ip��rPOatf, MARGARETA.KEPLER MY COMMISSION# DD016746 Of flOa� EXPIRES:April 9.20U5 1�BM:!N TARY FL Notary Service&Bonding,Irtc. BARNSTABLE REGISTRY OF DEEDS r hIA88. 1639. �Fp MPr Town of Barnstable Planning Board Application for Regulatory Agreement Procedure: Jurisdictional Determination Forms and Regulatory Agreement Application forms are available at the Office of the Planning Board, Planning Division, 200 Main Street, Hyannis, MA. All applicants for a Regulatory Agreement must first submit a Jurisdictional Determination to the Barnstable Building Commissioner. If the project is not a Development of Regional Impact under Cape Cod Commission regulations, then the applicant may proceed with the filing of a two-Party Regulatory Agreement Application (between the Town and the applicant). This includes a determination that the project will not require review under MEPA. Required submittals are further defined in the application below. Requirements include: Application Form: Twelve (12) completed application forms along with all required information and materials must be submitted with your application. All filings shall be on 8.5 x 11 paper, and copies of all full-size plans shall be reduced and provided on 11 x 17 paper. Full Size Plans: Eight(8) copies of all full size plans shall be provided. Additional Supporting Materials: Twelve (12) copies of all additional supporting materials must be submitted at least 8 days prior the public hearing at which they will be considered, except that eight (8) copies of full size plans shall be provided. Failure to supply required information is sufficient reason for a denial of your request. Completed applications must be submitted to the Town Clerk's Office, to be time and date stamped. One (1) shall remain with the Clerk's Office, and the remaining copies shall immediately be filed with the Office of the Planning Board, along with all required materials and a check payable to the Town of Barnstable for the applicable filing fee. It is strongly recommended that all applications be reviewed by the Planning Division prior to clocking at the Town Clerk's Office to ensure a complete application. The fee schedule for Hyannis Village Zoning District Regulatory Agreement is as follows: Commercial and/or Business $ Multi-Family $ Recording Fee $ 75.00 In addition to the fee paid to the Town of Barnstable as required above, you will receive an invoice from the Barnstable Patriot for your portion of the legal notice. A deposit check of $100.00 payable to the Barnstable Patriot to assure the invoice will be paid may also be required. Deposit checks shall be returned to the applicant upon payment of the Patriot's invoice. The Planning Board will hold at least two public hearings on your application. Abutters will be notified by mail of the date of the first public hearing. The public hearing may be extended by mutual agreement. After the close of the public hearings, the Planning Board will vote whether to approve the application. If the Planning Board approves a Regulatory Agreement by majority vote, it will forward the application to the Town Council for approval. A simple majority vote of the Town Council is needed, unless certain types of zoning relief are sought (i.e. height, use) in which case a two-thirds (2/3) majority vote of the Town Council is needed. The Town Council may hold a public hearing on the application if a simple majority vote is needed. The Town Council must hold a public hearing on the application if a waiver from zoning is sought. Within seven (7) days of Town Council approval, the Town Manager will sign the agreement and forward it to the applicant, via certified mail. The applicant must return the signed agreement within twenty-one (21) days of the date of the Town Manager's certified mailing. The .Town Manager will file the fully executed Regulatory Agreement with the Town Clerk and with the Registry of Deeds. r �pF THE tp� The Town of Barnstable i * &ARNSfABLE, 9� MASS. Growth Management Department. 'DIE1639. s 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Ruth J.Weil,Director Fax: 508-862-4782 Date: August 4, 2006 To: Felicia Penn, Planning Board Chairwoman From: Stephen Seymour, P.E., Chief Engineer Growth Management Subject: Retail and Residential Development—Hibel Realty 6 I have reviewed the plans dated February 17, 2006 as revised August 1, 2006 and I have the following minor comments regarding changes that I recommend be made to the plans: Layout Plan C3—The notation for bollards should be removed from the southwest corner of the parking lot. The imprint should be extending from the lading zone to the crosswalk and northerly along the edge of the proposed traveled area of the lot to the northern property line to delineate the pavement area. Curbing should be installed along the westerly side of the lot where needed except at the access to the bandstand, the ramps to . the village green, and the area of sheet flow to the rain gardens. Grading Plan C4—Remove reference to sign R7-8 and substitute reference to special HCP sign on detail sheet C8. Location, number and dedication to the building of handicapped parking spaces are being discussed with the architect. Utility Plan C5—Add to note about gas and underground utilities that locations are subject to approval of the Town. It appears that a catch basin and associated piping may need to be installed on Ocean Street adjacent to the new curb. The grading plan indicates a flat gutter on Ocean Street. The time to add a catch basin to avoid puddles in Ocean Street is now along with the installation of the curbing and sidewalk along the front of the parking lot. Detail Sheet C8—Handicapped parking sign should not be placed in a concrete footing. The concrete footing will be difficult to replace if the post is damaged. Post should be N galvanized and powder coated black in conformance with Town of Barnstable downtown i standrds. References to ADS or HDPE'should be removed all pipe to be RCP class 5.Fire Access Plan -Sheet C9— I recommend that the dumpster be placed in theQQ westernmost space on the line of parked cars on which it is shown. This location will facilitate pickup of the dumpster as well as make access to the abutting properties easier for fire trucks and other large equipment. Signage and Landscaping Plans will need to be approved by the Town. Additional signage anticipated includes information sign indicating the parking lot is"Public Parking Ocean Street Downtown Lot'with an arrow pointing into the entrance. Signs at the exit should have a no left turn sign. If lot is metered signs indicating location of pay station is needed. The Town of Barnstable i Department of Health Safety and Environmental Services 16sq. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner r March 9, 1998 Kathleen Crary/Bob Sheehan The Oyster Bar& Grill PO Box 480 Centerville, MA 02632 Re: SPR-010-98 The Oyster Bar& Grill, 337 Main Street, Hyannis(327/111) Proposal: New restaurant for 175 people. Dear Ms. Crary and Mr. Sheehan, The above referenced proposal was reviewed at the Site Plan Review Staff Meeting of March 5, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and with the following conditions: • Approved for 96 seats. e Applicant must revise plan and Site Plan Review staff will sign it for ZBA. • Applicant must apply for Historic District approval. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner Town of Barnstable Planning Board Notice of Public Hearing - --- ------ --- -- —------------ ---- -- -- Monday,July 4,2006 at 7:20 pm;.-- New Town Hall,Second Floor Hearing Room L'T , -� �- ` 367 Main Street,Hyannis,MA To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Code of the Town of Barnstable, Chapter 168 Regulatory Agreements,you are hereby notified of a Public Hearing to be held on Monday,July 24, 2006 at 7:20 PM in the Hearing Room of the Barnstable Town Hall,367 Main Street,Hyan is,MA to consider a Regulatory Agr�mentzfor Nobel-Realty,.LLC, application# f2006-Oh for-property ad lresse' -337&345-Mam Street,Hyannis,MA_and shown on Assessgrs Map 327 as parcels 1�1 and`l`12in-the-Hyannis Village Business District. The Regulatory Agreement will establish a maximum building height for Section 240-24.1.3(C)(2)(a)[1] Maximum Building Height; establish density in excess of 12 units per acre for Section 240-24.1.3(A)(1)(w)Multifamily Housing Density; and to establish the design and number of parking spaces for Section 240-24.1.3(D) Site Design Standards for HVZD. The project includes demolition of an existing one-story retail commercial building and reconstruction of a 56,000 sq. ft. four story mixed use building with underground garage and reconstruction of the abutting municipal parking lot at 25 Ocean Street,Hyannis. Total land area is 0.39 acres. The applicant is Hibel Realty LLC,225A Grove Street,West Roxbury, MA 02132. Copies of the application and plans are available for review in the Office of the Planning Board,200 Main Street,Hyannis,MA between the hours of 8:30 AM to 4:30 PM,Monday through Friday. Barnstable Patriot Felicia Penn, Chairman - July 7 and July 14,2006 - ' Planning Board A� Op THE Tp� r The Town of Barnstable_ * BAMSTABLE, v MASS. Growth Management Department'', Hl R t 2' Qj .i63q 10 'OlEp 39 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Ruth J. Weil,Director Fax: 508-862-4782 MEMORANDUM To: Michael Ford,Esq. From: Growth Management Department Re: Proposed Development 337/345 Main Street,Hyannis Hibel.Realty LLC—ONE OCEAN STREET PROJECT CC: Tom Perry,'Tom Broadrick,Eric Hubley,Dean Melanson Date: March 16,2006 Q( . The Growth Management Department offers the following comments on the preliminary plans submitted in anticipation of an application for a Regulatory Agreement for the above-referenced project. The plans and documents reviewed to date include: • Draft Regulatory Agreement Application Form,February 10,2006 • Site Plan,7 sheets,prepared by BSC Group,February 17,2006 • Schematic Landscape Plan, 1 sheet,prepared by BSC Group and Helios Design,February 27, 2006 0 Proposed Elevations, 10 sheets,prepared by Brown Lindquist Fenuccio&Raber Architects,Inc. • Drainage Calculations,prepared by BSC Group,February 17,2006. The comments are divided into issue areas. The following comments are provided for continued discussion: Parkin • Show parking space calculation(see zoning bylaw 240-24.1-3. D (3)b). It appears that the proposal may be short by 10 on-site spaces for residential uses? Provide the number of existing spaces in the Ocean Street parking lot. • The landscaping plan provides 62 feet curb to curb(24 foot aisles and 19 foot parking stalls)and two-way traffic circulation in accordance with site plan,review requirements. • Show emergency vehicle turning movement templates on the next revised plan. • Install curbing around a reduced island at the westerly end of the center walkway island. • Provide vehicle and pedestrian access through Ocean Street parking lot to rear of 347 Main Street to accommodate existing business parking and loading areas(and dumpsters) off of Main Street. • The landscape plan properly provides an unloading area in the Ocean Street parking lot at the rear of bandstand located on the Village Green. Reconsider placement of bollards at the rear of the bandstand; current placement will force those unloading into the rear door to block cars using the parking lot. Remove curbing along the village green side of parking the lot adjacent to the bandstand to accommodate passive stormwater disposal. DRAFT3-16-06 Page I of4 QAGMD-Comprehensive Planning\Planning-Regulatory Review\Regulatory Agreements\Hibel\060316 Hibel Comments.doc Sign agreement with the Town wherein the owner will maintain the passive stormwater system. • Direct the center walkway toward the existing ramp to the Village Green from the parking lot(in lieu of stairs as shown on plan). • Provide direct pedestrian passage to Main Street from the Ocean Street parking lot. Look into providing passage through the first floor of the building and providing covered outdoor passage along the west side of the building. • Only 3 HC spaces are needed in the surface lot(one HC space is in the basement). • In order to ensure continuity of access to the residential parking,it is recommended that the project be responsible for the removal of snow from the Ocean Street parking lot and associated walkways. An agreement with the Town of Barnstable for snow removal will need to be drafted. • The reconstruction of the Ocean Street parking lot should be restricted to the off season months. A road opening permit needs to be obtained from the DPW for the work in the parking lot as well as work within the Town Layout of Main Street and Ocean Street: • Provide an irrigation plan for landscaped areas within the Ocean Street parking lot. Provide an agreement that the owner will maintain parking lot landscaping. • Make the Ocean Street parking lot a metered lot by providing a pay-and-display parking meter. This is a single parking meter,that would service the entire lot. Parking lot Reconstruction • Parking lot pavement is in very poor condition and showing signs of inadequate base material. Remove or pulverize existing pavement. Obtain soil samples of material underneath pavement and add gravel to provide 12 inches of gravel beneath the proposed pavement. Pave with 2-1/2 inches of Binder and 1-1/2 inches of top for total thickness of 4 inches of bituminous concrete pavement.Passive storm water treatment of parking lot runoff shall be included. Drainage • Complete a new storm water drainage plan for the Ocean Street parking lot that shows passive storm water collection and filtration through vegetated swales. Water can be directed to and retained for infiltration on the village green side of the parking lot. Owner shall be responsible for maintenance of vegetated swales. •. Eliminate parking lot collection pipes and direct stormwater over the surface to the vegetated drainage area to the maximum extent possible. In the event collection piping is necessary(i.e. for roof runoff collection if necessary and for overflow runoff from the parking area),then use reinforced concrete infiltration structures and pipe rather than plastic • Project will need to draft an agreement with the Town of Barnstable for maintenance of the drainage infiltration systems that are shown in the Ocean Street parking lot. Dumpster • Relocate dumpster onto private property—move to rear of applicant's property. Property Lines • Label the property line shown on the south end of#347 Main Street property. Who owns or has a lease on the area around the edge of pavement shown on sheet 2 of the plans? Lighting DRAFT 3-16-06 Page 2 of Q:\GMD-Comprehensive Planning\Planning-Regulatory Review\Regulatory Agreements\Hibel\060316 Hibel Comments.doc w • Show exterior lighting for the parking lot, street,and on the building. Lighting should be consistent with the Downtown Hyannis Design and Infrastructure Plan. Street Furniture • Install the same fixtures(benches,trash receptacles,and lighting)as used on the Main Street project. Burial of Overhead Wires • Bury existing wires through the property,Ocean Street parking lot, and along Ocean Street. Burial of wires will also facilitate fire fighting operations. The Town will also investigate how abutting property owners on Ocean Street and/or the Town may assist in this endeavor. • Show details of burial of overhead wires that is necessary to abandon existing wood utility poles. • Document permission to bury wires Utilities and Water Service • Show sewer and water connections • Document approval of Water Pollution Control Division and Water Supply Division. • Provide standpipes in all stairwells, including in the underground parking garage. • A flow test was conducted at the nearest hydrant in July of 2005; another flow test is not likely required(although we reserve the right to request one if further advised by staff), however,flow calculations must be provided. • A fire pump will likely be required to provide sufficient psi for the project. The applicant must determine adequacy of water flow to the building and to determine the location and the requirements for the connection to the Town owned water supply system. The water service requirements will be determined by the Town's DPW Water Division with input from the Hyannis Fire Department. • A copy of Hyannis Fire Department comments is attached to this memorandum for your additional information. Landscaping • Show an irrigation plan for landscape areas. All plants in the municipal lot must be irrigated. Owner shall pay for irrigation(water)&shall maintain irrigation system. • The owner must take responsibility for all maintenance of the landscape including the Ocean Street parking lot. To this end the Project.will need to draft an agreement with the Town of Barnstable for maintenance of the landscaping that is shown in the Ocean Street parking 1Lot. • Granite Paver wave shown in walkway could be less-regular/symetrical in shape to provide more visual interest • Provide detailed elevation of proposed gate at Ocean street walkway entry. • Plantings in the Ocean Street parking lot along the back of the building should not exceed one-story in height so that they will not block fire truck access. Sidewalk Easements It is recommended that the applicant grant a sidewalk easement to the Town to provide a 6 foot wide sidewalk open to the public along Ocean Street. Plan Details • Submit detail sheet with plan submission showing details of installations DRAFT 3-16-06 Page 3 of 4 QAGMD-Comprehensive Planning\Planning-Regulatory Review\Regulatory Agreements\Hibel\060316 Hibel Comments.doc Misc.Plan Comments • Change note indicating iron fence to the south of the municipal lot to Aluminum Fence. Rej!ulatory Agreement • To general information item 8 add to the list of parking lot renovation work: lighting,drainage,burial of overhead utilities,and thermoplastic line painting. Sewer Service The applicant will need to determine where the existing connection to the sewer system is located and apply to the Town's DPW Water Pollution Control Division for a permit to connect to the sewer system. DRAFT 3-16-06 Page 4 of 4 Q:\GMD-Comprehensive Planning\Planning-Regulatory Review\Regulatory Agreements\Hibel\060316 Hibel Comments.doc IUJ/1J/ LUUO 11.Ul :JUOI HYANNIS FIRE DEPARTMENT Y 95 HIGH SCHOOL RD.EXT. HYANNIS, MA. 02601 HEM ICAL .. HAROLD S...BRUNELLE CHIEF 4fOfppgSM� - STUD ENTAWNNCNERS OF FIRE EDUC}TIO� , so FIRE PREVENTION BUREAU BUSINESS PHONE: (508)775-1300 FACSIMILE PHONE: (508)778-6448 LT. DONALD H.CHASE,JR., CFI LT.ERIC F. HUBLER,CFI FIRE PREVENTION OFFICER FIRE PREVENTION OFFICER 1 OCEAN STREET Property consists of: Underground Parking for.34 cars First Floor Mercantile Spaces Second Floor 9 Apartments Third Floor 9 Apartments Fourth Floor 4 Apartments The building.fronts on Main Street ( Side A ) and Ocean Street to East ( Side B ). The rear of the property fronts on Town Parking Lot ( Side C ). To the West is a 5 ' alley between said property and a single story mercantile ( Side D ). Fire Dept. Access Requirements: 1. Side A has overhead wiring making ladder access impossible. Side B has overhead wiring also. Side C has no access (.ladder ) due to turning radius. Side D has no access due to another building. We will require Ladder.access to one side of the building and Engine access to 2 sides of the building. We would be looking for the overhead wiring on Ocean Street to be placed underground. Fire Protection: 1. The entire building shall be Sprinkler protected. . 2. The entire building shall have a Stand pipe System. 3. The building will require a full Fire Alarm System zoned by floor - consisting of: A. Sprinkler Flow and Tampers. B. Manual Pull Stations. C. Smoke Detection Common Areas. D. Smoke Detection Residential. E. Carbon Monoxide Detection Residential. Cl i/1 /'L 17 YJb 11:!�l �Gb((tSb44a r-1 T HI`II`Il0 r Ir\L 1 OCEAN STREET Page 2 Therefore, we will require: -- Fire Department Connections ( 4 " Storz on 30 degree elbow with built in screen ) on Side A & Side C as coordinated with Hyannis Fire Department. -- Sprinkler supply shall come off the 12 " main on Main Street . ( A Flow Test shall have been done within the last 3 years. In addition.to these concerns: We would like to understand better the entire egress system in the building. 1 oFt Town of Barnstable Regulatory Services • snxxsrnst.E. „AM. � Thomas F. Geiler, Director �ArE1639. O Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 September 19, 2006 Gail Hanley, Clerk Cape Cod Commission P.O. Box 226 Barnstable, MA 02630 Re: Jurisdictional Determination for Hyannis Regulatory Agreement Hibel Realty LLC/337 & 345 Main Street Hyannis Dear Ms. Hanley: I am writing pursuant to Cape Cod Commission Regulations, Chapter D, Development Agreement Regulations Governing the provisions for Development Agreements, Barnstable County Ordinance 92-1, as amended through July 19, 2005, Section 6(b), and Chapter 168 of the Barnstable Code. This letter is to inform you that the town has received a request for a regulatory agreement for the property located at 337 & 345 Main Street, Hyannis, Massachusetts. The proposal is to construct a 56,000 sq. ft. four story mixed use building with underground garage. A copy of the Regulatory Agreement Application is enclosed for your files. I have determined that the proposed development is not a Development of Regional Impact at this time for the following reasons: The proposed development does not meet or exceed one or more of the Cape Cod Commission mandatory thresholds for review as a Development of Regional Impact as set forth in the Cape Cod Commission Enabling Regulations, Chapter A, Section 3. UQThe proposed development is located in the Hyannis Growth Incentive Zone (GIZ) as approved by the Cape Cod Commission by decision dated April 6, 2006, and the proposed development is included within the area authorized by Barnstable County Ordinance 2006- 06 establishing a cumulative development threshold within the GIZ, under which this development may proceed. In addition,the project does not meet or exceed the DRI Thresholds established under Condition#G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis Growth Incentive Zone, dated April 6, 2006, as follows: 1. The project is not an addition or expansion associated with the Cape Cod Hospital; 2. The project is not a proposed demolition or substantial alteration of an historic structure or destruction or substantial alteration to an historic or archaeological site listed with the National Register of Historic Places or Massachusetts Register of Historic Places, outside a municipal historic district or outside the Old King's Highway Regional Historic District; 3. The project does not provide facilities for transportation to or from Barnstable County, including but not limited to ferry, bus, rail,trucking terminals,transfer stations, air transportation and/or accessory uses,parking or storage facilities, and any auxiliary or accessory uses are not greater than 10,000 s.f. of Gross Floor Area or 40,000 s.f. of outdoor area; and 4. As represented by the applicant,the project does not require and Environmental Impact Report under MEPA. Please contact me if you have any questions regarding this matter. Sincer , Thomas Perry Warren Blake , P. O. Box 1905' Sandwich, MA 02563 (508)833-1807 January 31, 2005 Mr.Thomas Perry Building Commissioner,Town of Barnstable 200 Main Street Hyannis, MA 02563 Re: Freedom of Information Request for Documents Relative to Shaughnessy Theater Dear Mr. Perry, I request a copy of the change of use from art gallery to live theater or live entertainment for the theater commonly known as"Shaughnessy Theater,"also known as"HMS Theatricals,"and/or "Cape Productions,Inc,"physically located at 337 Main Street, Hyannis, MA. If you do not think that I am entitled to these public records then I refer you to Massachusetts General Laws,Chapter 664 Section 10 Public inspection and copies of records;presumption;' exceptions. Respectfully, II en Y la e Cc: John C. Klimm,Town Manager Robert Smith,Town Attorney440 QYI d� `e 1 °FINEA� Town of Barnstable Regulatory Services + MMSrnal.E. 9 Mnss. Thomas F. Geiler,Director es,639. Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 February 2,2005 Mr. Warren Blake PO Box 1905 Sandwich, MA 02563 RE: 337 Main St., Hyannis, MA Dear Mr. Blake: This letter is in response to your request for documents regarding the above address. We are unable to determine exactly which records you are seeking. Please respond with a more detailed description of the documents that you would like us to supply. If you have any questions please call this office at 508 862-4038. Sincerely Thomas erry Building Commissioner TP/AW cc: John Klimm, Town Manager Robert Smith, Town Attorney CERTIFIED MAIL 7002 1000 0005 0781 7785 Crossen Ralph From: Liberty Nanette To: Urenas Gloria Cc: Crossen Ralph Subject: FW: richard's gallery Date: Thursday, January 20, 2000 12:38PM Priority: High received the complaint form (regarding richard's gallery) you sent to me, via inter-office mail. Mr. Plotkin came into the office on January 7 and spoke with Pat Anderson. She gave him all of the application materials and let him know that the next deadline for application would be January 14. We have not heard back from him. When he was in the office, he appeared to understand that the changes that have been made require historic district commission approval, and that his failure to get approval could result in fines, etc. Please forward any updates/information to me, so that I can let the HHDC members know. Thanks! From: Liberty Nanette To: Urenas Gloria Cc: Crossen Ralph Subject: richard's gallery Date:Thursday,January 06, 2000 10:29AM During the HHDC's January 5 meeting, the Commissioners stated that there is some sort of mural-type sign that has appeared on the east side (Ocean Street side) of Richard's Gallery on Main Street, Hyannis. They said that it has not been there in the past, and they would like for you to go check into it. Additionally, the large mural with the indian on the other side of the building has been expanding over the course of months. Please update me with any information, so that I can pass it on to the HHDC Thank you. Town of Barnstable TOWN OF BARNSTABLE Regulatory Services Thomas F.Geiler,Director 2004 MAY I ! Pry !: 52 MMS• y�g1VSPAghFs • '. � Building Division 'O�En •t�' Tom Perry, Building Commissioner D1!'!S!® 200 Mam,Sgeet,,� yarn s,IvU 02601, + t , 'face: 508-862-4038 Fax: 508-790-6230 Tax Collector'! Treasurer Y: a Apphcai`on for Sign Permit Applicant:_ Assessors No. Doing Business As:,k�/ 5` � �/f°,�,C� Telephone No.jepe Sign Location Street/Road: -33 '"" Zoning District: Old Kings Highway? Yes/No-- H Ls Historic District? Yes 0 . ry Property Owner Name: �/D /� ,f.,�/ �,�'` Telephone i Address:1o2�7 Village:/y,�i ;ON �1� Qo?69g' Sign Contractor. 'Name: . Tele hone: Address: %1f/�i'71�y�7 ✓�� Village: /t�L�i9ir1 Description Please draw a diagram of lot showing location of buildings and;existing signs'with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sipto be electrified? Yes/No (Note If yes, a wrong permit is require.d) 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 Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent:., �' Date: Size rmit Fee: Sign Permit was approved Disapproved: Signature of Building Official: Date: , 7 a f Hyannis Main Street Waterfront a a► r Historic District Commission �O ,► ,m$ 230 South Street . Af4q 1 6 µ- Hyannis,Massachusetts 02601 0 1 TEL: 508-862-4665/FAX: 508-862-4725 �j/S� 1?00 f Application to pRF Fq qqB� Hyannis Main Street Waterfront-Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby'made, in triplicate,for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for.proposed work as described below and on plans,drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition 0 Alteration Indicate typolofbuilding: ❑ House ❑ Garage ❑ Commercial ❑ Other- 2. Exterior Painting: ❑ 3. Signs or Billboards: kNew sign ❑ Existing sign Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) TYPE OR PRINT LEGIBLY DATE ASSESSOR'S MAP NO. 3 7 ASSESSOR'S LOT NO. APPLICANT TEL.NO. ,-09 776""70 APPLICANT MAILING ADDRESS �x /SlIR/V/�iS . 1�1�J DaEO/ ADDRESS OF PROPOSED WORK 337 AIM/ Srld�A.l' Ro[3�.1c'T PROPERTY OWNER NO. &M' OWNER MAILING ADDRESS 1,99 7 f9W , M,r &&:S FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS.Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary). AGENT OR CONTRACTOR TEL.NO. ADDRESS DETAILED DESCRIPTION OF PROPOSED WORK: (9 Give all particulars of work to be done, including detailed data on such architectural foundation,chimney,siding, roofing,roof pitch, sash and doors,window and door frames,trim, ANS leaders,roofing and paint color,including-materials to be used, if specifications do not accompany pl �FRLq�B�r In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach �N additional sheet,if necessary). #I&Z 11!/sE111-1 Of Awl' Sjfe9UmCSY 711f9Ts�'L� Signed er-Contractor Agent SPACE BELOW LINE FOR COMMISSION USE Received: by HMSWHDC Date Time This Certificate is hereby By Date t5 b Signed HAPORTANT: If this Certificate is approved,approval is subject to the 20-day app od vided the.Ordinance. CONDITIONS OF APPROVAL: c1a Hyannis Main Street Waterfront Historic District Commission MAM s65 230 South Street O Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725 � 0 SPECIFICATION SHEET FOR SIGN Goo 0 Prior to filing your application for a Certificate of APProPriatenes/s � to � q Gloria Urenas, the Town's Zoning Enforcement Officer, at 862 03 to the amount of signage allowed for your building, as well as any other Town Code regulations which may affect the sign(s) you propose to install. Even if you are applying for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide all information regarding the temporary sign permitting process. BE SURE THAT YOU HAVE INCLUDED WITH YOUR APPLICATION_ • a scale drawing of the proposed sign • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign, are indicated • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. Size of Sign 3�/o�X��°�' Material(s) of Sign Material of Lettering (if different) �a 1641M AX r S/fit/AzAkzletiao The Sign Will Be (circle one): carved wood / painted wood./ vinyl lettering other (explain) Pc nwg7o Zg,?7,05- Location In Which the Sign Will Hang Will there be exterior light fixtures to light the sign?__ �/,�T/�/� If so, what type of fixture? whprw wall +l,o 1,_ d Hyannis Main Street Waterfront � y • D � , a Historic Distract Commission 230 South Street Hyannis,Massachusetts 02601 114,E l% TEL: 508-862-4665/FAX: 508-862-4725 01 SPECIFICATION SHEET FOR SIGNA ���� pqF FR�g6. Prior to filing your application for a Certificate of Appropriateness, please co t Gloria-Urenas, the.Town's Zoning Enforcement Officer, at 862-4036 to discuss ' the amount of signage allowed for your building, as well as any other Town Sign Code regulations which may affect the sign(s) you propose to install. Even if you are applying for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide all information regarding the temporary sign permitting process. BE SURE THAT YOU HAVE INCLUDED WITH YOUR APPLICATION: • a scale drawing of the proposed sign • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign, are indicated • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill.out ONE SPECIFICATION SHEET FOR EACH SIGN. Size of Sign -�' X 7 Material(s) of Sign �a �C 1d5+/�r �'I&WA/ Material of Lettering (if different) The Sign-Will Be(circle one): carved wood ainted woo vinyl lettering other (explain Location In Which the Sign Will Hang �Z Ak/v/ 7 Will-there be exterior light fixtures to light the sign? ��'/♦5�%�/G If so, what type of fixture? 9: ?t Y p y ,.. n ,T a4•s ,3'fit t «y,_ K .r .,.,r.ffi•,.F ` ¢*� '"",�s�" ,µ °�s,+�' rk �'+1 ✓k t?x r7y e '$�A 'z�'e`.uva• �yeaFi. 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JY 5n. _„•r,�#' i ` „ �,{ rn �.,.,ab .y �-Lcs lgt4 x x �» ''02 Wa „4 7 k '..`. 9� •��'�` i...r 4 z 7�9'i �L- y ��4�-a,r L'��� '`j 'sx x,,,s t� y .� y 11101 ,ay'iTOO 7,v :k { i- 3 - _ —Z4 h � 5 s� a� r wo "In . toy p - j+°n Y a H Ewa � xs r k- ,�'.F'" � I Ms U I Sh p low .L 4 ... r. '1Wi. T ltiy 3 d. z� - 4,. ._-,Town'd Barnstable t_ , Regulatory Services + 1ARNSTABLE, • }r MAMThomas F.Geiler,Director n 3u+� � Building Division . . Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508 790-6230 r Date 03 -; Address 3 7 m % - L tYI s 71 To Whom It May Concern: , Our attention has been alerted to the fact that you are flying illegal contrary to the Town of Barnstable's Zoning Ordinances.The Town has a sign code which is explicit regarding flags. Section 4-3.3,Prohibited Signs(1)"Any sign,all or any portion of which is set in motion by movement, including pennants,banners or flags,except official flags of nations or administrative or political subdivisions thereof." Please contact me at 508-862-4033 when these flags have been removed so that I can inspect the site.Thank you for your anticipated cooperation. Sincerel , H David Mattos Building Inspector - Q:\BU]DING\wPFU ES\DMATTOS\nlegal Flags.DOC TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION • Map ' �? Parcel � Permit# T7 M A 52a� � I H en l� G �� t� Date Issued ° ��. Conservation Divjzion Fee OD Tax Collector --`�� +'I Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address 337 IVA/A_o� �S+ Village &MAM,1/5 �r��r�T i�1 _• Owner4iVA Aq4: Wddress 337 111?,111U• cSk l k Telephone 779 — 79 7' / Permit Request TiPfnoIle, i9"D PlAiC@ J/4J kite i9�i1� SG►e e�``i2v�t'� -+- .v.s f'�► l N � c� 7-e-2. 9c Qle— Square feet: 1st floor: existing 35p or posed 2nd floor: existing L?4611proposed Total new d Estimated Project Cost 30,b�Zoning District J Flood Plain Groundwater Overlay Construction Type /��4>AJ t✓ArJt. f- Lot Size / 7, 0420 !9 4 Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi Family(#units) 6>m/4e.1241 Al Age of Existing Structure 69 Y'eA&r Historic House: ❑Yes YNo On Old King's Highway: ❑Yes XNo Basement Type: Full ❑Crawl ❑Walkout Cl Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) -_2000 Number of Baths: Full: existing new Half:existing new C� Number of Bedrooms: existing new 4D _ Total Room Count(not including baths): existing .5 new First Floor Room Count r Heat Type and Fuel: Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes >f No Fireplaces: Existing 0 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 6AIle4,v Proposed Use I BUILDER INFORMATION Name LA V-12) /2yt-iEi .- h �(�Telephone Number ��� '/�'S'�'' —3�5✓� Address ,:5E9 Ay//A � License# 4 f1A/r� f1��. 6.� Home Improvement Contractor# 1d 571' 33 Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO <lk SIGNATURE DATE FOR OFFICIAL USE ONLY 4 tir PEP M IT NO. DATE ISSUEDAll MAP/PARCEL NO. L - - `t - ADDRESS � � "4 -•. 3_ ''-,� r VILLAGE ? OWNER : .� . .. DATE OF INSPECTION: FOUNDATION �_• `.j - 1 a - FRAME - t INSULATION ' r FIREPLACE " ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING l - r DATE CLOSED OUT ASSOCIATION PLAN NO. • r r ; The Commonwealth of Massachusetts - - .t o artment Industrial Accidents Dep affee Off nsl%981%OOs : - 600 Washington Sheet t Boston,Mass. 02111 `— yr Workers, com ensation Insurance Affidavit „ �, ,,.,�• dui 4-4 Ham / location' �" hone c❑ I am a homeowner Performing all work myself~ Jam a sole opnetor have o�APO in /%%%/% / workers comp ensatian for my employees w°rking:on this job.: . r::::..::. em I �►g .............................................. .....:•.......:.:::.........•-:..........::...................•...-n...... :•:•..... :::::x i...v.x:.:..-};...:.?n.A::.......•.,}•.y`.{:{.i::•::........::::•: .......::::.....::.: a in com } ::.. •::::.}:::::: <;. :....... .......r. ..,•...,. ................................... ..... a re ::.................... v.......:{.,.. . :.x ..:..:.;. . ................... ::::.:::•.:.a•:::::•::::::::.:::r:::.,•:........ :........::::........:,::..........::..............:...:....::::::::.:::.:•:.r.:.....:::.:.::.: ...... .......... ............... ........... ,....r............. .... .,}.,..:...:....::.:::::....... ..... hone: .::.::'.. . :.. icv eral contractor. (circle one)and have hired the contractors listed below who ❑ I am a sole proJJI"%' �r,gen have the following wo co tmssation ohces. ..............::.:::..::x.}}}:;{:;{.}:;:.»::;:;.::;.; :..}:::::;:{.:;:•>}::;.;.:.:::::«.;: {::::;:;::..:<.;;;:.;:.:<.;;.::<.>;;;:<::>; rkers mP..............p.:._::::::.�,.>:::.�:::::.:::.::.::::.�:.:.;}::.::::::.:;:.;:.:::.�:.:.:::.:;::.:::::.�:::::.:};}:.:::.�:::::.::::.:::.,::::::{.;;:.::::::::;.:;:..::::::.>:;:.::::..:;:. ..::.:: anvn Sul ::::::.,...•.r;.:;. ..:.:,::........:......, ....::::...-.............. ....... ...... ..... ...... ..... .....t .-....... v. Res,., ...�,,.. ..... -. ................. xx ......... .................................. ... n.• ,\ ..{%,...fir.} 'v:},jc-. ...., ..... : ..h v.x.• ... ' \ 1\ :'; ;::?s�i'r:: i}:>:%:>%:•;•'•:::%r::{}:;�:raw:r:�:;:; �rr,:.;';i i� ::5i is<ii2 �;2�ii�`:'•i�>i�ii�i�:��::iG:2�::;i::�;:�::,:;:;. ... ......... ........ ........ ...{ :....... .r.. 4 ... .....c w. 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Failure to secore coverage as requited under Section 2U of MQ.1S2 as lead too the impos�on of eti®tal penalties of a thu IIP to S r.S00.00 and/or one yam,imprisonmeat as wen as civil penalties in tha form of a STOP WOKS ORDER and a Sue of 5100.00 a day against me. I mid to copy of this statement may be forwarded to the OIDce of Investigs�of the DIA for coverage verincaum p ans and enalt o a that the information provided above is true and correct I do hereby certify under the P fP�.l�' Signature Hate �S - Phme print name .L�s�ars✓[� �, 2 ofdtial use only do not write in this area to be completed by city or town oMdd peradt/license# ❑Building Department city or town: ❑Licensing Board ❑Selectmen's Omce checkif immediate response is required []Health Deparunent phone N, - ❑Other contact person: ocnad 9/95 Ply I � J j Information and Instructions , t provide workers' compensation for their Massachusetts General Laws chapter 152 section 25 requires employers top an employee ee is dew as every person in the service of another under any contract employees. As quoted from the Saw", • of hire,express or implied, oral or written. partnership, association, corporation or other legal entity, or any two or more of An employer is defined as an individual,p VeS of a deceased employer, or the receiver or foregoing engage the fore d'in a joint enterprise,and including the legal rep g association or other legal entity, employurg employees. However the owner of a trustee of an individual,partnership, or the occupant of the dwelling house of dwelling house having not more than three apartments and who resides therein, �P grounds or ersams to do maintenance, coristron or repair work an such dwelling house or on the another who employs' j be deemed to be an employer. building appurtenant thereto shall not because of such emp oyment also states that every state or local licensing agency shall withhold the issuance or renewal sectiam MGL chapter 152 in the commonwealth for any applicant who has of a license or permit to operate a business or to construct bufidingsthe not acceptable table evidence of compliance with the insurance coverage required. Additionally,neither P its political subdivisions shall enter into�3'ca�act for the performaperformance0ce of public work until commonwealth nor any of P of this chapter have been presented to the contracung acceptable evidence of compliance with the insurance requirements authority. Applicants easation affidavit completely,by cheCldmg.�box that applies to your situation and Please fill in the workers' ca®p mrmbers along with a=tificaft of insmaace as all affidavits may be supplying company names,address P of insurance coverage. Also be sure to sign and submitted to the Department of Industrial Aecrdents for °n application,for the permit or license is date the affidavit. The affidavit dwuldbe retamedtothe�artownthat the"law"or if you not the Department of Industrial Accidens• Should you have any �regarding requirbeing�obtaia a wodm, copes Po�9�P�call the Department at the number listed below. are MEMENAN City or Towns � has ded a ace at the bottom of the is lete and prarted legao The Department P SP Please be sure that the affidavit' caanP to contact you regarding the applicant. Please affidavit for you to fill out in the event the Office of Imvestigadons number. The affidavits may be returned t^ be sure to fill in the pose number which wfitbe used as a the Department by marl or FAX unless other arrangements have been mach• of 'ons would Ike:to thank-you in advance for you cooperation and should you have any questions. The Off ce Investrgati please do not hesitate to give us a call. telephone and fax mmiber: The Department's address, . The Commonwealth Of Massachusetts Department of Industrial Accidents Ottice of inestloatlons • 600 Washington street Boston,Ma. 02111 - fax#: (617) 727-7749 phone#: (617) 7274900 ext. 406, 409 or 375 Q.1 `T .T s 21- r4�- vi -r-- - ' 6 t Town of Barnstable Regulatory Services • BAMSrnsLE, 9 Mnss. �, Thomas F. Geiler, Director �A .i63q ♦0 rED 39 A Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barn stable.maxs Office: 508-862-4038 Fax: 508-790-6230 August 10, 2007 Mr. Paul Donovan 66 Ruggles St. Quincy, MA 02169 Re: 337 Main St., Hyannis, MA 02601 Dear Mr. Donovan, On May 1, 2007 you applied for a demo-rebuild permit for the above referenced property. AQ06 documentation was missing from the application. We spoke on the phone about having it before the application could continue being processed. To date this office has heard nothing more. Would you please let us know the status of this project. Thank you for your attention to this matter. Sincerely, Paul Roma Local Inspector BARNSTABLE TOWN CLERK Town of Barnstable Planning Board Z 6 Application for a Regulatory Agreement Hyannis Village Zoning Districts (Attach additional sheets if necessary) A regulatory agreement is a contract between the applicant and the Town, under which the applicant may agree to contribute public capital facilities to serve the proposed development and the municipality or both, to build fair affordable housing either on-site or off-site, to dedicate or reserve land for open-space community facilities or recreational use or to contribute funds for any of these purposes. The regulatory agreement shall establish the permitted uses, densities, and traffic within the development, the duration of the agreement, and any other terms or conditions mutually agreed upon between the applicant and the Town. A regulatory agreement shall vest land use development rights in the property for the duration of the agreement,and such rights shall not be subject to subsequent changes in local development ordinances. For office use only: RA# Date Received Town Clerk: Days Extended: Hearing Dates: Dated Submitted to Town Council The undersigned hereby applies to the Planning Board of the Town of Barnstable for a Regulatory Agreement, in the manner and for the reasons set forth below: 1. Applicant Name: Daniel R. Adams/Ginsberg Asset Management LLC Phone: 508-771-0711 Applicant Address: P.O. Box 901, West Barnstable, MA 02668 Project Name: Flagship Estates Property Location: 350 Stevens Street, Hyannis, MA 02601 If applicant differs from owner, state nature of interest: N/A 2. Owners of Record. Provide the following information for all involved parcels (attach additional sheets if necessary and as required by item 13, Other Submissions): Owner: Ginsberg Asset Mgmt LLC LOT 1, Barnstable Registry of Deeds, Book 608, Page 35 (Plan).Book 20185, Page 147 (Deed) Owners Contact information (if different from applicant) o N/A 3. Zoning District(s): OM (Office/Multi-Family) Groundwater Overlay District: Yes[ ] No[X) Total land area subject to the Regulatory Agreement: 2.73 Acres r Total land area upland: 2.73 Acres Total land area wetland: 0 Total estimated cost of construction:$8 million 4. Regulatory Agreement Requested: Is the Cape Cod Commission a party to the,proposed Regulatory Agreement? Yes[ ] No[X] Description of proposed agreement: N/A 5. Existing Zoning of the Site and Proposed Zoning Relief-Required by the Regulatory Agreement: OM. Request relief from affordable housing requirement(3 units)due to excessive and exceptional site work preparation of blighted property. We request relief by one of the following methods: 1. The furnishing of 3 units off-site; or 2. Cash contribution of$200,000.to Housing Fund; or 3. Lowering of requirement to one on-site unit. 6. List the local, state or Federal Agencies from which permits, funding, or other actions have been/will be sought: Town of Barnstable Building Permit . 7. Proposed duration of the Regulatory Agreement(by ordinance, the agreement with the Town cannot exceed 10 years): 10 Years 8. A description of the public facilities and infrastructure to service the development, including whom shall provide such facilities and infrastructure, the date any new facilities will be constructed, a schedule and a commitment by the party providing such facilities and infrastructure to ensure public facilities adequate to serve the development are available concurrent with the impacts of the development: Upgrading of waterline in Stevens Street from 8" pipe to 12", from Main Street to furthest end of property. r 9. A description of any reservation or dedication of land for public purposes: N/A 10. Description of Construction Activity(if applicable), including any demolition, alteration or rehabilitation of existing buildings and a description of building(s)to be demolished, altered or rehabilitated: Demolition of existing blighted buildings, clean-up of contaminated soil, removal of asbestos, extensive rebuilding of terrain to meet Town drainage requirements. 11. Existing Level-of Development-Number of Buildings: 2 Existing Gross Floor Area: 6000 sq.ft., Present Use(s): Garage, Restaurant Height of Present Uses: 1 story Density of Present Uses: 3 units Proposed Level of Development-Number of Buildings: 7 Proposed Gross Floor Area: 52,000 sq. ft. Proposed Use(s): High-end residential townhouses with private garages Height of Proposed Uses: 2.5 stories Density of Proposed Uses: 29 units 12. Local agency subject matter jurisdiction: Is this proposal subject to the jurisdiction of the Conservation Commission.............Yes[ ] No�C]� Is this proposal subject to the jurisdiction of the Hyannis MSW Historic District ........Yes ] No[X] Does this proposal require relief from zoning....................:..............................Yes[ ] No [X] 1 Does this proposal require relief from the Board of Health .......................Yes[ ] No[X] 13. Submission Requirements: The following information must be submitted with the application at the time of filing, failure to do so may result in a denial of your request. Plan Submissions:All Plans submitted with an application shall comply with the requirements of ' Section 240-102 of the Zoning Ordinance. In addition, the following shall be provided: • Twelve(12)copies of the completed application form, each with original signatures. • Eight(8)copies of a'wet sealed'certified property survey(plot plan)and twelve(12) reduced copies(8 1/2"x 11"or 11"x 17")showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. i . t • Twelve(12)copies of a proposed site improvement plan and building elevations and layout as maybe required plus twelve(12) reduced copies(8 1/2"x 11" or 11"x 17")of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to the structures. Other required submissions: • Review Fee(s) payable by certified check to the Town of Barnstable. • Deed(s)or Purchase and Sale Agreement(s)for all involved parcels. • Proof of filing of a Project Notification Form with the Massachusetts Historical Commission if the project is located outside of the Hyannis Main Street Waterfront Historic District. 14. Other. The applicant may submit additional supporting documents to assist the Board in making its determination. All supporting documents must be submitted eight days prior to the public hearing;f ;*but/iontoa Bo rd. Signature: 660 Date: Lo a Print Name:BAN!FE L A bA YWS O�THE T� o� The Town of Barnstable xxslns Planning Board 9cbMAn �� 200 Main Street,Hyannis, MA 02601 �Fo 39. Office:508-862-4786 Fax: 508-862-4725 Application for Regulatory Agreement Jurisdictional Determination Hyannis Village Zoning Districts Pursuant to Section 168 of the Barnstable Code, this application is for a Jurisdictional Determination as to whether an applicant may enter into a two-party Regulatory Agreement with the Town of Barnstable. This form shall be submitted to the Barnstable Building Commissioner. Applicants submitting this form'are asserting that the proposed development is NOT a Development of Regional Impact'and therefore the applicant may proceed with an application for a two-party Regulatory Agreement. The Barnstable Building Commissioner shall, at his or her sole discretion, determine when a Jurisdictional Determination Application is complete and will contact the applicant when a determination has been made. The Building Commissioner may request additional information if necessary. If the Building Commissioner determines that the proposed project is NOT a Development of Regional Impact, a copy of the Jurisdictional Determination application will be forwarded to the Cape Cod Commission. If the Commission is in agreement that _ the project is NOT a Development of Regional Impact, the proponent may file a Regulatory Agreement application for a two-party agreement with the Town of Barnstable. REQUIRED SUBMITTALS Submit two (2) copies of the following to the Barnstable Building Commissioner: 01. This Application Form and the Required Filing Materials set forth Belo, Please note that Jurisdictional Determination applications do not require the ,submission of`:'an abutters list. The undersigned hereby applies to the Planning Board of the Town of Barnstable for a� Regulatory Agreement, in the manner and for the reasons set forth below: Applicant Name: HIBEL REALTY LLC Phone: c/o 508.430.1900(t) 508.430.9979 (fl The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. I a Applicant Address: C/O MICHAEL D. FORD. ESO., PO BOX 665, W. HARWICH. MA 02671 Project Name: ONE OCEAN STREET Property Location: 337/ 345 MAIN STREET. HYANNIS. Property Owner: HIBEL REALTY LLC Phone: Address of Owner: Deed Recording: LC CERT 4 169924 Book , Page Book Page Book . Page Book , Page Plan Recording: LC Plans 15379A & 15853C Plan Book Paae Plan Book Paae Plan Book Paae Plan Book Paae If applicant differs from owner, state nature of interest:' Assessor's Map/Parcel Number: 327/ 111&112 Zoning District: HVB; GIZ Number of Years Owned: 3 Groundwater Overlay District: Y/N X Total land area subject to the Regulatory Agreement: 18550 SO FT (.42 ACRES) Regulatory Agreement Requested: The Project is located in the HVB Zone where mixed- use residential development is proposed and permitted as of right, i.e. mixed use development consistent with ground floor use limitations and with building footprint not exceeding 20.000 square feet and totaling not more than 60.000 square feet. 22 two bedroom residential units j 2 affordable in keeping with the Barnstable Affordable Housing ordinance] are proposed on stories 2-4: 9000 sf of specialty retail and 3000 sf general office or bank with lobbv is proposed for the around floor in keeping with the ground floor use limitations imposed within the HVB zone. The proposed building will also include an elevator and underground parking providing 34 residential spaces, for a total of 56000 gfa. Density is allowed at a rate of 12 units/ acre in the zone. Applicable building height is the lesser of 3 stories or 42 ft., minimum lot size is 5000 sf; 0' front. 0' 2 If the applicant differs from owner,the applicant will be required to submit one original notarized letter authorizing the application, a copy of an executed purchase&sales agreement or lease, or other documents to prove standing and interest in the property. side & rear yard setbacks, 3.0 FAR. 100% allowable lot coverage. 34 Parking spaces will be provided on-site. where 77 are required. However. locus is adjacent to a municipal parking lot providing 58 spaces which the applicant has proposed to renovate. Locus is also served by municipal sewer. and is within 500' of another two municipal parking lots. Applicant will also be requesting a drainage and access easement from the town over the municipal 25 Ocean Street lot. and a license from the town to stage construction materials on the municipal lot during construction activities. The;Project Design has been approved by the Hyannis Historic District: such approval is on file at the Building Department. E-2. Existing Conditions Plan. If requested by staff, submit Existing Conditions Plan that illustrates existing site characteristics. including man-made and natural features. following Plan Size Requirements and General Requirements listed in 3(A) and 3(B) below. 3. Proposed Development Plans. One copy of proposed development plan(s) as follows: (a) Plan Size Requirements. For each plan submitted, provide each of the following: Copy of plan(s) sheet size 24" x 36" Copy of plan(s) reduced to fit sheet size I V x 17" (b) General Requirements. ;'All site plans should be drawn at a scale of 1" = 40'; however other scales which provide sufficient detail are acceptable. Elf the plan requires more than one sheet, a cover sheet at the scale of 1"= 200, showing the entire property must be included. !Include a locus map at 1:?5,000 scale with the outline of the entire property clearly shown. All building plans should be drawn at a scale of 1/4" = 1'. OLegal Data to Appear on ALL Submitted Plans, as appropriate: 1. Name and address of applicant and authorization of owner if different from applicant. 2.2. Name and address of owner(s) of record, if different from applicant. 03. Name and address of person or firm preparing the plan. 04. Current zoning classification of property, including exact zoning boundary if the development site is in more than one district. 05. Property boundary line plotted to scale. Distances, angles, and area should be shown. 06. North arrow, scale, and date. 7. Property lines and names of owners of adjoining parcels. 08. Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use within and adjoining the property. 09. Date of plan(s) and subsequent revisions. 010. Plans must be stamped with original stamp of registered architect. landscape architect. or protessional engineer, as appropriate. 04. All documents and analysis supporting the proposal that the project is NOT a Development of Regional Impact include a completed DRI Worksheet. A Worksheet of DRI thresholds and DRI exemptions is provided for your convenience. When a DRI threshold is potentially met or exceeded, provide a statement with the reasons that the Applicant believes the proposed development is not a Development of Regional Impact under Section 3(e) of the Cape Cod Commission's DRI Enabling Regulations and/or Section 22 of the Act. Please also refer to Section 5 of the DRI Enabling Regulations for guidance as to whether a project is exempt under Section 22 of the Act. v 05. Copy of. application(s) for any development permit(s) filed with Municipal Agency(ies) with filing date of such application(s). IMPORTANT NOTE: Please contact the Growth Management Department at (508) 862-4725 if you have any questions or require assistance in completing this application form. WORKSHEET Regulatory Agreement Jurisdictional Determination This Worksheet is provided to assist project proponents in determining whether a project is a DRI, and/or whether it is exempt from DRI review. Section l: Development of Regional Impact Thresholds (a) Any proposed Demolition or Substantial Alteration of a building, structure or site listed on the National Register of Historic Places or the State Register of Historic Places, outside a municipal historic district or outside the Old King's Highway Regional Historic District. y y Yes 'E]No X (b) The construction or expansion of any bridge, ramp, road or vehicular way that crosses or provides direct access to an inland pond.. barrier beach, coastal bank, dune, beach or tidal wetland or waterbody (as defined by MGL Ch. 131. Section 40), except a bridge. ramp or driveway serving no more than three single-family dwelling(s). Yes No X (c) Any development that proposes to divide parcel(s) of land totaling 30 acres or more in common ownership or control on or after September 30, 1994, including assembly and recombination of lots. This threshold shall include any development activity in conjunction with any land division of 30 acres or more not otherwise exempted from review under Section 22(e) of the Act. Yes No X (d) Any development that proposes,to divide land into 30 or more residential lots. Any development that proposes to divide land into 10 or more business, office or industrial lots. Yes 7No X (e) Any of the following proposed commercial, service, retail or wholesale business; office or industrial development, as well as any private health, recreational or educational development which exceed these criteria: (1) New construction of any building or buildings (including accessory and auxiliary structures) with a Gross Floor Area greater than 10,000 square feet; (ii) Additions to existing buildings that result in an increase greater than 10,000 square feet of Gross Floor Area; (Ili) For Outdoor Uses, new construction or development that has a Total Project Area greater than 40,000 square feet; (iv) Any Demolition and replacement that results in a net increase in Gross Floor Area greater than 10,000 square feet. Net increase is calculated as the difference between the existing Gross Floor Area and the proposed Gross Floor Area. Note: See Section 2 below for definition of"Gross Floor Area" Yes ❑No X NOTE: PROJECT IS LOCATED IN NEWLY ADOPTED GROWTH INCENTIVE ZONE WHICH SUPERSEDES CCC REVIEW THRESHOLD, ABOVE. (f) Any proposed Change of Use. or Demolition and replacement resulting in a Change of Use, involving commercial, service, retail, wholesale, office, industrial, private health, private recreational or private educational uses in excess of the following thresholds: (i)Where the Gross Floor Area of the building(s), or that portion of a building subject to the Change of Use, is greater than 10,000 square feet. In cases where there is a Change of Use within a portion of a building only, all areas associated with that use shall be included in the 10.000 square foot calculation, including storage areas and ancillary areas; (ii) For Outdoor Uses, where the Total Project Area is greater than 40.000 square feet. Note: See Section 2 below for definition of"Gross Floor Area" Yes -No X NOTE: PROJECT IS LOCATED IN NEWLY ADOPTED GROWTH INCENTIVE ZONE WHICH SUPERSEDES CCC REVIEW THRESHOLD, ABOVE. (g) Any proposed development, inc.ltiding the expansion of existing developments that is planned to create or add 3)0 or more Residential Dwelling Units. Yes ❑No X (h) Any development providing facilities for transportation to or from Barnstable County. including but not limited to ferry, bus, rail; trucking terminals, transfer stations, air transportation and/or auxiliary uses and accessory parking or storage facilities, so long as such auxiliary and/or accessory uses are greater than 10,000 square feet of Gross Floor Area or 40,000 square feet of outdoor area. For the purposes of this threshold the amount of outdoor area shall be calculated as set forth in the definition of Total Project Area. Note: See Section 2 below for definition of"Gross Floor Area" Yes QNo X Construction of any Wireless Communication Tower exceeding 35 feet in overall height, including appurtenances, from the natural grade of the site on which it is located, except for a new Concealed Antenna Monopole less than or equal to 80 feet in overall height from the natural grade of the site on which it is located that is designed to accommodate at least two carriers and with an Occupied Area limited to no more than 1300 square feet. (2) Reconstruction of, attachment to or replacement of any existing Wireless Communications Tower, power transmission structure or utility pole for the purpose of supporting antenna(s) for transmitting and/or receiving radio frequency communications that increases its overall height above existing grade by more than 20 feet. Yes DNo X (j) Site alterations or site disturbance greater than two acres including but not limited to clear cutting, grading, and clearing land. unless such alteration or disturbance is conducted in conjunction with a building permit for a structure or a DRI approval or in conjunction with a municipal project. Yes 21No X (k) Mixed-use residential and non-residential developments with a Gross Floor Area greater than 20,000 square feet, or greater than 10,000 square feet of commercial space. For the purposes of this threshold the Gross Floor Area of Residential Dwelling Unit(s) shall be included in the Gross Floor Area calculation of the total development. Note: See Section 2 below for definition of''Gross Floor Area" Yes -No X NOTE: PROJECT IS LOCATED IN NEWLY ADOPTED GROWTH INCENTIVE ZONE WHICH SUPERSEDES CCC REVIEW THRESHOLD, ABOVE. Section 2: Definition of Gross Floor Area The Cape Cod Commission defines Gross Floor Area as: The sum of the area of all floors within the perimeter of a building, located either above or below ground level, except underground parking within the structure and accessory to the principal use shall not be included in the total gross floor area. Gross Floor Area shall be expressed in square feet and measured from the exterior face of the exterior walls, or the centerline of shared walls. It shall include .all floor levels including basements, mezzanines and attics without deduction for hallways, stairways, elevator shafts, mechanical rooms, closets, thickness of walls, columns or other similar features. Outdoor. areas used for storage, sales, service and display shall also be included in the total Gross Floor Area. Section 3: Development of Regional Impact Exemptions (a) Projects that qualify under the provisions set forth in Section 22 of the Cape Cod Commission Act(the "Act") shall be exempt from DRI review. (b) For the purpose of determining if the project is exempt under Section 22(b) of the Act, a special permit or variance shall be deemed to be received upon filing with the Town Clerk. An Order of Conditions shall be deemed to be received upon the date of signature of the Order of Conditions, or if a Superseding Order of Conditions is rendered, then upon the date of signature of the Superseding Order of Conditions. A statement of the Secretary that the Environmental Impact Report adequately complies with MEPA is deemed to be received upon the date of signature of the Secretary's Certificate. (c) For the purposes of determining if a project is exempt under Section 22(b) of the Act, a development will be deemed to be constructed in substantial compliance with the applicable development permit or approval on a case-by-case basis. The determination of whether a project substantially complies with an original local permit or approval shall be based upon all of the following factors: The proposed project is in substantial compliance if: (i) The proposed project and use reflect the nature and purpose of the project and use in the original local approval; and (ii) The changes do not result in the requirement for additional local development permit review in the form of a new permit, approval or a modification to the original approval; and (iii) The changes do not result in different or increased impacts, as compared with the original local approval, to the interests protected by the Act and the Regional Policy Plan. The burden is on the project proponent to demonstrate that the change is not substantial. In order to resolve any issues regarding the requirement of DRI review, the project proponent may file an application...,kith the Cape Cod Commission for a Jurisdictional Determination, as authorized by section 120) of the Act. It is presumed that the project is no longer in substantial compliance with the original 11) permit or approval if the project was the subject of an enforcement order or permit revocation because of non-compliance with the original approval. The applicant may present evidence,to the Cape Cod Commission that, notwithstanding the enforcement order, the project is still in substantial compliance with the originally issued permit or approval. NOTE: This worksheet is intended to assist project applicants and is based on March, 2115 Cape Cod Commission Regulations. It is the applicant's responsibility to check for amendments to the Cape Cod Commission's enabling legislation and regulations. 3 � - Pl- Urenas Gloria Subject: FW: richard's gallery Priority: High From: Liberty Nanette To: Urenas Gloria Cc: Crossen Ralph Subject: FW: richard's gallery Date: Thursday, January 20, 2000 12:38PM Priority: High I received the complaint form (regarding richard's gallery)you sent to me, via inter-office mail. Mr. Plotkin came . into the office on January 7 and spoke with Pat Anderson. She gave him all of the application materials and let him know that the next deadline for application would be January 14. We have not heard back from him. When he was in the office, he appeared to understand that the changes that have been made require historic district commission approval, and that his failure to get approval could result in fines,etc. Please forward any updates/information to me, so that I can let the HHDC members know. Thanks! From: Liberty Nanette To: Urenas Gloria Cc: Crossen Ralph Subject: richard's gallery Date:Thursday, January 06, 2000 10:29AM During the HHDC's January 5 meeting, the Commissioners stated that there is some sort of mural-type sign that has appeared on the east side (Ocean Street side) of Richard's Gallery on Main Street, Hyannis. They said that it has not been there in the past, and they would like for you to go check into it. ;Additionally, the large mural with the indian on the other side of the building has been expanding over the course of months. Please update me with any information, so that I can pass it on to the HHDC Thank you. Page 1 COMMERCIAL .PROPERTY MAr' NO. PARCEL NO. FIRE DISTRICT SUMMARY STREET 337 Main St. & Ocean St. Hyannis � LAND 327 ill H BLDGS. TOTAL � RECORD OF TRANSFER DATE BOOK OR CTF.# PAGE CONSIDERATION REMARKSLot 1 LC.15853 LAND BLDGS. W TOTAL 2/44�-55-_ .-fit€-.._.-17469... .25 ac. J A LAND -2/31 78- Ctf -75334f 27- 4--304— -145-,000A-B th-req—$-unreg.l$t-)" G 01 U BLDGS. '�' TOTAL ,7 C�� Plotkin,Theodore & Plotkin,Richard,Trs. 5-2-80 LAND BLDGS. Of O. I r TOTAL LAND H 175�a.2,CL g.. H J BLDGS. 9 I TOTAL LAND BLDGS. TOTAL LAND BLDGS. 0) TOTAL LAND INTERIOR INSPECTED: 01 BLDGS. " TOTAL DATE: c. z )C, , LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE `� '� �` `� TOTAL SITE � � •'�'�i U�C� O LAND BLDGS. CLEARED TOTAL ✓/ ! c r !C r.c� / - !ter. uno WOODS&SPROUT D r rCU!r — 3Z 7 BLDGS. 0) TOTAL WASTE LAND BLDGS. TOTAL LAND Ol BLDGS. LAND REMARKS: LAND FACTORS TOTAL FRONT DEPTH HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. ;, r HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY/MARSHY NO RD. BLDGS. TOTAL TOWN OF BARNSTABLE. MASS. BRICK ACOUSTICAL/SUSPENDED BATH ROOM FLR S. F. STONE INSULATED A,'- TOILET ROOM FLR. S. F. 5 I Z 4 I•I INTERIOR FINISH S. F. 21 16 BASEMENT NONE PLASTER MISCELLANEOUS S. F. �9Z r /�J A= I A I FULL DRYWALL FIREPROOF CONSTR. S. F. Z7 d EXTERIOR WALLS WALLBOARD MILL CONSTRUCTION S. F. SOLID COM. BRICK UNFIN. INT. FIRE RESISTING COM. BR. ON C. B. PANELING STEEL FRAME PARTITIONS STEEL BEAMS 3 COLS. FACE OR. ON C. B. PLASTER TIMBER BEAMS 6 COLS. FACE BR. VEN. DRYWALL looO STEEL TRUSSES :EMENT BLK. ` PANELING REIN. CONCRETE C. BLK. SPRINKLER SYST. 14 1 CUT STONE FACING PASSENGER ELEV. STONE OR T. C. TRIM HEATING FREIGHT ELEV. STUCCO ON STEAM INCINERATOR SIDING OR SHINGLES HOT WATER FIREPLACES RIGID FRAME STEEL BLDG. HOT AIR CHIMNEYS ' PLATE GLASS FRONT GAS INSULATED OIL BURYER STEEL FRAME SASH ROOFING ELECTRIC WOOD FRAME SASH REPLACEMENT VALUE COMPOSITION OR T.L& G.V�,,-j NO HEATING RENTAL CAPITALIZATION LOCATION • METAL AIR COND.—'REFRIG. LAND GOOD FAIR POOR WOOD DECK AIR COYD.—WATER VACANCY LISTER DATE METAL DECK N HEATING INSULATED WIRING WATER FLOORS FLEXLUME OR EQUAL ELECTRICITY OCCUPANCY DETAIL& INCOME B L,$T 2N 3RD PIPE CONDUIT JANITOR CONCRETE MANAGEMENT e� S �•� /¢�Z 0 EARTH PLUMBING PINE BATH ROOMS TOTAL FLAT EXPENSES HARDWOOD TOILET ROOMS Z _ SINGLE FL. WATER CLOSET EXTRA GROSS ANNUAL INCOME ASPH. TILE LAVATORY EXTRA LESS FLAT EXPENSES VINYL SINK EXTRA BALANCE FOR CAP. WOOD JOIST URINALS CAP. RATE STEEL JOIST NO PLUMBING REFLECTED CAP. VALUE REIN. CONC. '�— CARPET f'2 r� •� OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. r 2 3 4 A 5 ,•.i;is,�,i •' TOTAL • l � _- _ _ _ � � I + I � � ' # V ,,, � � � 4 ���� S� C�4�.�-�- _.,.�.� .�-..�. .�. ,..-� -T t. 's Y�. �.. ' TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 327 111 GEOBASE ID 24213 ADDRESS 337 MAIN STREET (HYANNIS PHONE HYANNIS ZIP - LOT 1 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY 'I PERMIT 76673 DESCRIPTION 2 SIGNS SHAUGNESSY THEATER PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $100.00 BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE * BARNSTABLE, • MASS. I BUILDING IVISIO BY 11 T 4r DATE ISSUED 05/17/2004 EXPIRATION DATE Ij I L ----------------------- --- - .J 7002 1000 0005 0781 7761 ; o ;m • ti O n m �$ • CERTIFIED MAIL RECEIPT •, .�.31 n Ntic Mail Only,No' � '� r n� 'off • .I �` r ,r- • r•r orA m m �F o Postage $ > 0 CI Certified Fee t� 1 ' CI ��•Q j Cl Return Receipt Fee Po ar a j Y I (Endorsement Required) ORestricted Delivery Fee (Endorsement Required) N , o i $ Total Postage$Fees tin C3 F To } 111, x y t� t, �------- - ----D Box No. �D (©� ry o ----------- , I Ci State,LP+4 -------�-----(------------------------------------------ ® i -OD 1 STATE PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHD I PARCEL IDENTLEIC&TJQN NuMaEgKEv No 337 MA LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T n v UNIT ADJ'D. UNIT PL"OTKINJ THEODORE MAP— Land By/Date Size Dimension ACRES/UNITS VALUE Description LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE r CD. FF-De th/Acres E #8 L D G(S);-CARD-1 3 252j,700 CARDS IN ACCOUNT -- L 30 3 S IT E 1 194X .2 H= 9C 277 149999.9Z 373949.9 .22 82300 #LAND ` - 3 82,P300 01 OF 01 A #PL 337 (MAIN STREET" HYANNIS - COST N STORE BLDG U X = 100 *724234.0 *724234.00 1 .00 724200 8 #DL LOT '1 MARKET D #S1 05/80 21 $00288000 I INCOME 335000 A #RR 0952 0060 1133 0134 USE #SR OCEAN STREET APPRAISED VALUE D C 335#000 A U - PARCEL - SUMMARY T S LAND 82300 A T BLDGS 347600 O—IMPS M TOTAL 429900 F E N CNST E N DEED REFERENCE' Type DATE Recorded PRIOR YEAR VALUE A T Book Pege Inst. MO. Yr.n1 Sales Pries AND 82300 T S C316240 BLDGS 252700 U C111911 08/87 TOTAL 335000 R 1 E LAND ADJUST. FORM l BUILDING PERMIT S Number Date Typo Amount C1. LAND LAND—ADJ INC ME ' S£ SP—SLDS FEATURES BLD—ADJS UNITS 82300 724200 B20110 4/78 AC Class Uonits Units Base Rate Adj.Rate A Year Built Age Depr. Cond. CND. Loc. %Norm Obs R.G. Repl.Cost New Adj.Rapt.Value Stories. Height RZ. Rma Baths /"Fix. Parlywall Fac. °I'� f 4 . 308 001 115" 116 15 65 29 68 80 48 724200 347600 1.0 . 10.0 Description Rate Square Feet Repl.Cost MKT. INDEX: 1 .00 IMP.BY/DATE: / SCALE: 1/0 0.1 9 ELEMENTS CODE CONSTRUCTION DETAIL S BAS 100 .00 7569 GROSS AREA. 7961 STORE BUILDING CNST GP.01 T 2SF 150 .00 392 *---51---*-24* STYLE 30STORE_ BLDG " 0. R *2SF* D ESIGN ADJ MIT DQ _____________ 0=- U 48 50 EXTER.irALLS D2BRitK _______---_ 15._ At AY --- ------ C _EA iAC TYPE 11 GAS—WARM! AIR 0. T * _iVTER.FINISH _04DRYWALL --------__ 0. * NTER.LAYOUT 1""2AVER_ _RMIAL U INTER.DUALTY ' 02SAMlE AS EXTER. 0. ! ! LOOR_STRUC_T_ OD _____ 0._ A W ! BASE ! EFLOOR COVER 15 ARIOUS 0. L D --- - - --------------- --------------------6-6 Total Areas Aux _ Base 961 i � OOF TYPE __ _0_0_ __________________ 0. BUILDING DIMENSIONS 99 9 9 _L E C T R_I C A L 00 _ 0. — SAS W36 NO2 W15 N99 N48 E51 2SF ! i OUNDA?ION--- -01 POURED CON-C ---- 99. A E24 S14 . W16 SOT W08 N21 .. SAS ! -------------- - ----_----_---------_----- L S50 S99 -----0014MERCIA1.: N8HD IN HYANNIS HY08 LAND TOTAL MARKET PARCEL 82300 429900 *-*--36--X AREA VARIANCE +0 +0 crAUnaon c%n +-------------------- ACCOUNTS RECEIVABLE BILL INQUIRY ----------------------- I ------------------------------------------------------------------------------ IlAction: Next Prev Cust-File Detail Exit II IlDisplay next page of bills . II II II II Parcel 327-111 Effective Date 11/16/1998 II II Location 337 MAIN STREET (HYANNIS) II II Owner PLOTKIN, THEODORE & II II II II Year Type Orig Billed Activity Unpaid Bal Due Now II Ill 1999 RE-R 2761. 84 . 00 2761. 84 2761. 84 II 112 1998 RE-R 5523. 68 -5541 . 68 -18 . 00 . 00 II 113 1995 RE-R 5796. 43 -5796. 43 . 00 . 00 II 114 1996 RE-R 5098 . 70 -5098 . 70 . 00 . 00 II 115 1997 RE-R 5271 . 92 -5271. 92 . 00 . 00 II 116 II 117 II II8 II 119 II II II II Current Owner Total Due Now 2761. 84 II 11 Total Payment II ++----------------------------------------------------------------------------++ Property Location: 337 MAIN STREET HYANN19- MAP ID: 327/ 111/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:11/16/1998 V 1KUAD'1fUCA� % ipy -x- M WI T Description ode Appraised Value Assessed value PLOTKIN,RICHARD UUM LAND 82,juc 801 P 0 BOX 9967 -COMMERC. 3610 285,70C 285,70C RIVIERA BEACH,FL 33419 BARNSTABLE,MA ccounZ4z1JJ Plan Ref ax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I LOT 1 Notes: 369,350 VISION #DL 2 Iota 3()N,uu "na PIRMI'h' v�i I z 1 1111 1 fffl UM QW41AAR11.9f CA PLUIKEN, InEvifluniv, oz U Yr. o e Assesse a ue r. 0 e ssesse alue Yr. Code Assessed Value POMEROY,JAMES F.02 C111911 Q 0 o a 335,00C--Fo7a7.---------335,0U --T5747- is signature Assessor am acknowledges a visit by Data Coffector or Owl FF Year ypelVescription Amount Code Description Number Amount Comm.Int. j4_ fi 'W Appraised Bldg.Value(Card) 2859700 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 To tad I Appraised Land Value(Bldg) 82,300 t AIE"��z":' T' !'Ff]" Special Land Value 4 0 Total Appraised Card Value RICHARD'S GALLERY Total Appraised Parcel Value 368,000 Valuation Method: 3689000 Net Total Appraised Parcel Value 368,0041 —HIST '&"A D111VIG, Permit ssue Date lype Description Amount Insp.Date uo Comp. Date Comp. Comments Date ID Purposelffesult 1131`777— 4/1/88 AC 72,UUU U HY ALIER B20110 4/1/78 AC 0 1/15/81 0 HYREMODE J 13 YA SEEM 4 Ile B# Use Code Descrip ion one D Erontage Depth Units Unit Price 1.Eactor S.I. C.Tactor Nbhd. A dj. Notes-Adil3pecial Pric g A nit rice an vatue 1 �-95M 3610 ARTGAL B 4 19T-- U.22 AL 277,000.9(----O-A—U------T.W—fIVW--T.5C 3W3SITE ----373 82 uu Total an Units U.22 AL toarLan a ui Property Location: 337 MAIN STREET HYANNIS MAP ID: 327/ 111/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:11/16/1998 w x. s M Element Cd. Description CommeFcIaMara Elements Style/ ype ore Element Cd. Ch.I Descriptioii- ModelAS 6 nd/Comm ea 1FUS 14 Grade B Frame Type 3 MASONRY Stories 1 1 Story Baths/Plumbing 2 AVERAGE ccupancy 00Ceiling/Wall 8 TYPICAL $ 0 ooms/Prtns 2 AVERAGE Exterior Wall 1 0 rick/Masonry /o Common Wall 2 Wall Height 14 Roof Structure 3 able/Hip Roof Cover 3 sph/FGIs/Cmp Interior Wall 1 5 Drywall 2 Element Code Description 1,actor nterior Floor 1 14 Carpet Complex 2 Floor Adj Unit Location BAS eating Fuel 3 Gas umber of Units UBM Heating Type 4 Forced Air-Duc umber of Levels C Type 3 Central /o Ownership 9 Bedrooms 00 Zero Bedrooms 9 Bathrooms 0 Zero Bathrms _ .. 0 Full ,,,,� .. . Total Rooms izeze A.Base Kate Adj.Factor .97162 Grade(Q)Index 1.54 ath Type Adj.Base Rate 7.33 Kitchen Style Bldg.Value New 64,345 Year Built 1915 ff.Year Built 1965 rml Physcl Dep 2 uncnl Obslnc con Obslnc 25 pecl.Cond.Code ,. peCl Cond o e escri tion Percenta a Overall%Cond. 43 iuu eprec.Bldg Value 285,700 a - _ Code Description LIff Units Unit Price Yr. Dp Rt YoUnd Apr. value o e Description LivingArea Uross Area EU.Area unit Cost undeprec. value Fiff-sFTFoor , FUS Upper Story,Finished 392 392 392 67.33 26,39 UBM Basement,Unfinished 0 7,569 1,514 13.41 101,93 1111. CrroSS LiVILease Area g Val.- i•':%t!S Sit;':;:.4..�{1;': ?:r:~':'kM1:':: ;$: . •••t•.. ..x.;.:.::.;::is 343<<V >�:> NG �C ....::::.. :i•.BUILDING KiM x ..................................a::w:••••vw::::::;::::w.�.v:.vv�.vv.�:.vy:::;•::.vv:.vv::w:. w: v::a•;..�::n.....•m:::::; 4vx•.�:::::::::..v.::..:vv.vv. v:v. :•.v.�:nvw:nw.x��i.1:w.vvvw::::::::::::::::::.av::•:::::::::nv•: vvxv w:::::::v:::::::•.�iii v:•.:vvxw::::::nv::.v.v.vavviL:L:i•:ii:t.ii}4:4iv.vwn:�:::::::::::.::.:::::::::'8v:x:i;;:::::•.• vvv.�:::::::•:.}:::x:v.:�.wnvw:::::v? a• .�... vvvixvvvxvvvaa v......... .......... ..................:.:...:v:3.Y•: i:;vvviit�ika ' ::vv;...:::::vp:.::::::::::::•-:v::::v:••vvv....•...:-:..::::vvvv:.....vv...vv... v'viwnvivvriw::.v:vvv: > s .�> x:< :>:<:<:>.RICHARDS_GALLERY_ <it%titivv. :.1VIAIM1 STREET ::::::::.::.::>::.;:.::.::.:.:.::i.;:.�,�:>::...>v.xv`.....:....:..a:ai>;:: ,Y.:•.;,:>,.,:.<i>a .. ...... .:........ ::.v::::.::;:.;:.a::.::.>:.:.:.::�;.i:.>.�:::::::.�:.::.:.,..,,,.:::.:..a;:;:::..:>�: :.ate:..:,:>::.. ,>•, ..:: ................. .... . .................... . EMM � ��# .............:........ ..:,.::::.:.:::.:.:..,.::::.,....::..,..::..a::..aa.,..,.,,........i..a.;:::::i::i:..,i.:•:i.;:;.:;ii.:i:.:;:;;i:::::>:i:;.;:.:ii.:;.::i:::::isi:::.;.:<:.:;;.:<::;:;:::::::::.::<. .. .. COU C OHN B YLE x< DNEDi..:: �.. �..�� C NDM1•.RIH,.:: :.•. a.. ...,. C ARRDS �GALLERY }{{; ............... ........................ ................. P.D.—THEY> CALLED P.D EY WILL CHECK. { a� I 9 Town of Barnstable Building Department Complaint/Inquiry Report Date: Cx) Rec'd by: ��� yCJ�S Assessor's No.: Complaint Name: Location Address:�c,, c, M/P Originator Narne: Street: 01 A ar_l�l Cp N 1/YYi ►P S�• 1 Village: State: Zip: Telephone: D/C Complaint a _ Description: ZiZ ►r� / r C��/ 1 S { C /U P � I.JI CL[/t /l P Q .1/ d U-e 1� Inquiry 0 Description: For O/licc Use Onir Inspector's Action/Comments Date: Inspector. rollow up Action Additional Info. Attached Copy Distribution: 6117ute-Depar=ent Rdc 3•eBoev-inspector Dast�e S '1K<.•.1 ry' r. - c ,,,• °' .• �-,.F ",;*.�� YEA eComplait Ns 2 6200 n -• a . y *" f' ( Referred tb 111_ DING �Ixpul I, Y SiJBJECTXOF_COMP Imo.10mmu =;r-B siness/OcCUDanfvame RICHARDS GALLERIES " ` Street:u:MAIN STREET �Tum b er<. Vill 4 r~ r b54COMPLAINT=INFORMATION h z k' A. : Comp auil ants Name `MAIN ST. HISTORIC dclress {{ Ax om, ��� �TeIeplione Number $ 4ozg AkComplat vhjescnptton MURAL ON OCEAN ST. SIDE—ILLEGAL NO PIJRMIT. ALSO MURAL ON MAIN SIDE EXTENDED—NO PERMIT. lip! OR kl� r yp1 40 Actions T�aken/Reswts SPOKE TO OWNER—ADVISED HIM TO SEE s Yi Ayil A .`� ''"��' ��,��,.� - : ` NANNETTE IN HISTORIC—TO FILE PAPERS . FOR HEARING. ., x ' � y X. ............ ng ................ 27111 ................................ ........... Urenas ard's Galleries aichard/Theodore Plotki ..................... Main Street S ............... ......... ........... .... .... ... . N.AM.0 ....................... Miss Patrick .............. ................... .. .......... am ................. ................ ..... ........... ............... ....... ............... ... ... . .............. ........... ......... .... ............... ............................... .......................... .......... ............. ........... ............. 1) There was a concert at Richard's Galeries this .......... summer. Roof was leaking. Water dripping all over the floor. Created slippery& hazardous conditions. 2)Also, believes people are living ly in the building. MX mxl�x .... ........ ...... ............. ......... . .... .. .. . ...... ............... ............. ........ ..... . .. .............. .... ............. ........................... ............. ................. ............................ ...................... .................. ... ..I........... .. .......... ........................................ Kel..-*M?i K........... I ........................... ................. .... .............. 7 _71— �u QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 11/12/98 PARCEL ID 327 111 GEO ID 24213 LOT/BLOCK 1 DBA PROPERTY ADDRESS OWNER PLOTKIN 337 MAIN STREET (HYANNIS THEODORE & PLOTKIN RICHARD HYANNIS P 0 BOX 9967 RIVIERA BEACH FL 33419 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC B SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 9583. 2 OPER/MGR NAME WET LANDS MULT ADDRESS USE 361 PROTECT DIST AP (N) EXT / (P) REVIOUS / NO(T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E)XIT QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 11/12/98 PERMIT NUMBER 32212 PARCEL ID 327 111 337 MAIN STREET (HYANNI PERMIT TYPE BCOI CERTIFICATE OF INSPECTION DESCRIPTION RICHARD'S GALLERIES/ART, EXHIBITS, CONCERTS CONTRACTOR PERMIT FEE 40. 00 VARIANCE STATUS T TEMPORARY CONSTRUCTION TYPE 753 GROUP TYPE APPLICATION 07/20/1998 EXPIRATION VALUATION 0. 00 DATE ISSUED COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N)EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F) EES/ (A) RCHITECTS/ (V) IOLATION/ (E)XIT