Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
0111 OCEAN STREET (4)
111 OCEAN STREET RUSHER TRUST HOSTELLING C—,e®w 'kl I I i f I gyp._ 1`r 4.���q. 1 I YOU WISH TO OPEN A BUSINESS? For Your, Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 15t FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. l�." DATE: rn� 1 ZU17- Fill in please: ' APPLICANT'S YOUR NAME/S: XD rfr z Flo w�gG rs BUSINESS YOUR HOME ADDRESS' D. 13 VX �70 Coo %H �t/A?H�gilt, ILIA D 2�d`S ,�ti rr+, 77'l_2j 0" i7f�i�i ) arY} 9 �ir/r r s7eFF� Cfr4 7_., A" 97 ,W4 Oz6.32 =ii'-j.0 til TELEPHONE # ...._Home Telephone Number S0G - t iis,i;w�� rii slit d Q e eNaWC. s N 1 tlS�t .UY $ E-MAIL: l X A n !-G z f NAME OF CORPORATION: E/'c/ - 44or-rg &a/I r•�OSrEL�I4-e, Nr62iVA7/oIVA-L - AlX#Al✓V)5 } NAME OF NEW BUSINESS NOSr Eajjv&ilv7i Kx -r4-rtfd V,Jt - H y fnIlViJ TYPE OF BUSINESS 6eS-rtL - IS THIS A HOME OCCUPATION? YES NO-K C UMBER 3r�� ADDRESS OF BUSINESS 1/1 OC zwN S i Lf 4Irlyis , M9 MAP/PARCEL N � �./ [Assessing] When starting a new business there are several things you must do in order to be in compliance with the rules.and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth Rd. & Main Street).to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM IS 10 ER'S OFFICE This individu I h e n i form d y er it raq it e is that pertai this type of business. A rizelinature** COMMENTS: 2. BOARD OF HEALTH = " This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature**' COMMENTS: 3. CONSUMER AFFAIRS [LICENSING AUTHORITY] This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: �tMEti Town of Barnstable Building Department - 200 Main Street - * BA"ST"LE. * Hyannis, MA 02601 �. A,�' (508 F bMAS ) 862-4038 Certificate o Occupancy 4 Application Number: 200900675 CO Number: 20100112 Parcel ID: 326045 CO Issue Date: 07/09/10 - Location: 111 OCEAN STREET Zoning Classification: HARBOR DISTRICT Proposed Use: MULTIPLE HOUSES ONE PARCEL Village: ° HYANNIS fGen Contractor: CALDER, KENNETH Permit Type: CC00 CERTIFICATE OF OCCUPANCY COMM Comments: Building Department Signature Date Signed 1HE TOWN OF BARNSTABLE �► Application Ref: 200900675 • BARNSTABLE, * Issue Date: 09/03/09 Permi t 9 MASS. $ArFO 3�A�� Applicant: ROBERT,EVANS D Permit Number: B 20091614 Proposed Use: MULTIPLE HOUSES ONE PARCEL Expiration Date: 03/03/10 Location 111 OCEAN STREET Zoning District HD Permit Type: COMMERCIAL ADDITION ALTERATION Map Parcel 326045 Permit Fee$ 3,640.00 Contractor CALDER,KENNETH Village HYANNIS App Fee$ 100.00 License Num Est Construction Cost$ 400,000 { Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ADDITION&ALTERATIONS,CHANGE OF USE-BLDG A. EXISTING, THIS CARD MUST BE KEPT POSTED UNTIL FINAL RESIDENCE TO HOSTEL CHANGE OF CONTRACTOR 2/2010 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: TUBMAN, SANDRA L BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 462 TUBMAN RD INSPECTION HAS BEEN MADE. BREWSTER, MA 02631 Application Entered by: SS Building Permit Issued By: ke_�� THIS PERMIT CONVEYS NO.RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREQ EITHER TEMPORARILY OR PERMANENTLY ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLYPERMITTED UNDER THE BUILDING`CODE;-MUST BE' APPROVED BY'THE JURISDICTION: STREET OR ALLY GRADES'AS WELL AS DEPTH,AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.' THE 1.11 ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE'APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONSTO BE COMPLETED PRIOR TO FRAME•INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). a-, BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL II�NSPECTION APPROVALS a 3e l/ A, 3 t 1 Heating Inspection Approvals Engineering Dept l Misr � Gam' Fire Dept 2 ' © "� �� oard of Health All r60M5 � Pr 3r� Vo,,r TOWN OF BARNSTABLE BAR-w 4027 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager Address of Offender MV/MB Reg.# Village/State/Zip Business Name 7 L #dam/Ip) on '7- f G 20 Business Address R ! o C COO Signature .of Enforcing Officer Village/State/Zip ,> j � Location of Offense SA " r ++ Enforcing Dept/Division Offense 7 �6 t A t Facts This will serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. WHITE•OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. u k " } 111' Ocean St., Hyannis "7/16/2010 I Message Page 1 of 1 Roma, Paul From: Perry, Tom Sent: Wednesday, March 03, 2010 11:43 AM To: 'Rick Fenuccio" Cc: Roma, Paul Subject: RE: Hyannis Hostel Site Visit Rich, I reviewed the agreement and what was also submitted for the permit for the cottage that we looked at yesterday(bldg.C)and it is fine to just demolish what is there and re-build it at the new location according to the plans that were submitted.lt is permissible to do this according to the permit that is already issued for this building.The building permit numbers on this are 2009-03053;2009-03054 and the change of contractor is 2009-04051. Thanks;TP -----Original Message----- From: Rick Fenuccio [mai Ito:rick@ca pearchitects.com] Sent: Thursday, February 25, 2010 12:35 PM To: Perry, Tom Cc: 'J. Yonce'; 'Robert Evans' Subject: Hyannis Hostel Site Visit Hi Tom: As I mentioned many months ago, we are assisting Hostelling International as an "Owner's Rep" for the renovations on Ocean Street. The team, HI (Hostel), Acella Construction, A&E Architects and myself, were hoping we could have a quick 15 minute on site meeting with you next Tuesday morning at 10am at our regular job site meeting to review the condition of Building C (the small cottage planned to be moved under the Regulatoa Agreement). Our hope is to discuss with you condition/code issues and various move vs. re-build options which the team is struggling with. We need to understand what options are available which will not put the project in violation of the Reg. Agreement so we would like to have you weigh in as a Building Inspector and as the Zoning Enforcement person: I apologize for the late notice but we just concluded a conference call and everyone was in agreement that you should be consulted on-site. If you could let me know if you could attend, that would be most appreciated. If not next Tuesday, perhaps you could offer another time and we'll make it work on our team's end. Thank you Rick Rick Fenuccio Brown Lindquist Fenuccio& Raber Architects Inc. 203 Willow Street Suite A Yarmouthport, MA 02675 p. 508-362-8382 Ext. #1-1 f. 508-362-2828 www.caoearchitects.com 3/8/2010 PROJE NAME ADDRESS:1/( , G PERMIT# 0`7/�O -2 PERMIT DATE: i M/P: LARGE ROLL • �D PLANS Ate+ BOX SLOT Data entered in MAPS program on: 0/0'!5F BY: q/wp fi les/archive r 1 v%'C.-V7C c y �C gp ✓�S cjj kAJ TOWN OF BARNSTABLE '�l{EBuilding Application Ref: 200903054 BARNSTABLE, Issue Date: 09/03/09 Permit 9 MASS. �A i639• �� Applicant: ROBERT EVANS D rFG MAC A Permit Number: B 20091619 Proposed Use: MULTIPLE HOUSES ONE PARCEL Expiration Date: 03/03/10 [Location 111 OCEAN STREET Zoning District HD Permit Type: COMMERCIAL ADDITION ALTERATION Map Parcel 326045 Permit Fee$ 25.50 Contractor CALDER,KENNETH Village HYANNIS App Fee$ 100.00 License Num Est Construction Cost$ 5,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND REBUILD BLDG C-COTTAGE AS NECESSARY THIS CARD MUST BE KEPT POSTED UNTIL FINAL CHANGE OF CONTRACTOR 2/2010 1ST EXTENSION EXPIRES 9/3/10 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: TUBMAN, SANDRA L BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 462 TUBMAN RD INSPECTION HAS BEEN MADE. BREWSTER, MA 02631 Application Entered by: SS Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF A RILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE]MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). x- 0 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3, 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health I �INEh�.- TOWN OF BARNSTABLEBuilding Application Ref: 200900679 BARNSTABLE, * Issue Date: 07/01/10 Permit y MASS. �ArFO 3�A�� Applicant: ROBERT,EVANS D Permit Number: B 20101289 Proposed Use: MULTIPLE HOUSES ONE PARCEL Expiration Date: 09/03/10 Location 111 OCEAN STREET Zoning District HD Permit Type: NEW COMMERCIAL Map Parcel 326045 Permit Fee$ 50.00 Contractor CALDER,KENNETH Village HYANNIS App Fee$ 150.00 License Num Est Construction Cost$ 65,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND BUILD NEW STAFF QUARTERS(400 SQ FT)CHANGE OF CONTRAC ORrHIS CARD MUST BE KEPT POSTED UNTIL FINAL 2/2010, 1ST PERMIT EXTENSION EXP 9/3/10 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: TUBMAN, SANDRA L BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 462 TUBMAN RD INSPECTION HAS BEEN MADE. BREWSTER,MA 02631 Application Entered by: PC Building Permit Issued By: PO—i el :L��� THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,:EITHER,TEMPORARILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED.FROM THE,DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 6 A',4 , ® ., • shy, , II ® S" xa,,, to , , i i, x BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health I l Lsi.� Y- 11RRY, INTERNATIONAL HI-Eastern New England Council 218 Holland Street Somerville,MA 02144 T 61 7.718.7990 F 61 7.718.7995 HINEWENGLAND.ORG May 27,2010 Thomas Perry,Building Commissioner 200 Main St Hyannis MA 02601 Dear Mr.Perry: The Eastern New England Council of Hostelling International-American Youth Hostels; Inc. (ENEC) will shortly be applying for Occupancy Permits for a Hostel at I I I and 105 Ocean St in Hyannis, under a Regulatory Agreement dated Oct 9, 200.8: Paragraph 35 of this Agreement requires that prior to receiving Occupancy Permits, ENEC m s . submit a copy of a lease for this property to:the Planning B"rd for determination that the contract incorporates the terms and conditions of the Regulatory Agreement. As you evaluate the requirement that a lease be submitted, it is relevant for you to take into consideration that on Feb. 2, 2010,by Deed approved by the Supreme Judicial Court and the Attorney General Division of Charities, the Trustee of the Ruth Rusher Trust transferred ownership of the property to ENEC (copy of court decree and deed attached for vrn,r YPfPrPn..P� As the owner of the property, ENEC cannot execute such a lease to itself. Although Sandra Tubman, as Trustee, maintained her status as developer throughout the construction phase,we are advised by legal counsel that she does not now have standing to enter into a Lease with ENEC. We understand that as successor owners of the property, ENEC is bound by the RegulatoryAgreement as a matter of law; and we believe that the requirement to enter into a lease is moot. We are willing to become parties to the Regulatory Agreement by endorsement, if this is the recommendation of the Town Manager and Town Attorney: For all of these reasons,we are not intending to submit a lease to the Planning Board. We will appreciate your advice as to how to proceed so that all of our paperwork for the occupancy permits.will be in order and we will be ready to open on or about July 1, 2010, as planned. Thank you. Sin7ah Ruhe Executive Director cc: John Kiimm,Town Manager;Felicia Penn,Chair,Planning Board I To help all,.especially the young,gain a greater understanding of the world and its people through hostelling. Lt k �•' •4 2 4 3 do-,6. e�3 ewes O COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. •SUPREME JUDICIAL COURT �p FOR SUFFOLK COUNTY No. SJ-2010-0022 N m SANDRA L. TUBMAN, as she is Trustee of the Ruth M. Rusher Trust .P to Vs. a) -P a) -P -P N MARTHA COAKLEY, as Attorney General of the Commonwealth of Massachusetts, co 0 EASTERN NEW ENGLAND COUNCIL OF HOSTELLING INTERNATIONAL- AMERICAN YOUTH HOSTELS, INC., CAPE COD FOUNDATION,INC.; CAPE N COD FOUNDATION, INC.; CAPE COD YOUNG MEN'S CHRISTIAN O M ASSOCIATION, INC.; and SCHOOL COMMITTEE.OF THE TOWN OF BARNSTABLE Hw L, b x MEMORANDUM AND JUDGMENT cn This matter came before the Court, Gants, J., on petitioner's Assented-To Motion For . ro ro Entry of Judgment. After reviewing the pleadings, including the Assents of the Attorney PGeneral and the Respondent beneficiary entities to the relief requested, it is hereby o ORDERED and ADJUDGED that: a l: All provisions of G.L. c, 214,'sec. IOB are met and no further notice is required; 2. The requested relief is appropriate pursuant to the Court's equitable powers with respect to charitable funds; and f 3. The Court authorizes and directs as follows: a. The Trustee of the Ruth M. Rusher Trust that is the subject of this action shall transfer the Property that is the subject of this action(the real property located at 105 and 111 Ocean Street, Barnstable (Hyannis), Barnstable County, Massachusetts, the deed to which is recorded with the Barnstable County Registry of Deeds'at Book 13564, Page 234) and the net funds of the Trust to Eastern New England Council of Hostelling International-American Youth Hostels, Inc. ("Hostelling Eastern New England") to be used to develop and operate a hostel at the Property;to be called the-"Angeline.Crocker Hinckley Hostel"(the"Hostel"), except $1,000 shall be held in the Trust until the Trust's role with respect to Town of Barnstable approvals of the Hostel project is concluded, at which time the remaining funds in the Trust shall be transferred to Hostelling New England for the Hostel; b. If the Hostel cannot be sustained at the Property, as confirmed by the Trustee or the Attorney General, the following steps shall be taken by Hostelling Eastern New England: i. Hostelling Eastern New England shall forthwith sell the Property through a sale process approved by: (i)the Trustee of the Trust who is then serving and Cape Cod Foundation, or if agreement regarding the sale process is not reached, then by the Attorney General; or(ii) if the Trust no longer exists, by Cape Cod Foundation, Inc. or its successor or, if agreement regarding the sale process is not reached, by the Attorney General. ii. Hostelling Eastern New England.may retain the following amount (the "Retained Amount") of the net sale proceeds: the percentage of the I net sale proceeds that equals the amount of capital . contributed by Hostelling Eastern New England to develop the Hostel at the Property, divided by the total value contributed to the . project by all parties including the Trust and Hostelling Eastern New England, said percentage to be determined as of the completion of construction and issuance of the certificate of occupancy and confirmed by the Trustee. Any remaining net sale proceeds after retention of the Retained Amount shall be distributed to Cape Cod Foundation, Inc. and Cape Cod Young Men's Christian Association, Inc. ("YMCA Cape Cod"),pursuant to and subject to Article Four, Part A of the Trust. iv. Any other remaining funds of the Trust shall be distributed to the Barnstable School.Committee and YMCA Cape Cod pursuant to and subject to Article Four,Part B of the Trust. 2 c. The requirements of Paragraph(b), above, shall be included as a restriction in the title to the Property received by Hostelling Eastern New England, Ralph D. Gants Associate Justice Entered: ` A True Copy,; Attes { Date Assistant rk tr . I, SANDRA L. TUBMAN,' of 462 .Tubman Road, Brewster, Barnstable County, Massachusetts, as Trustee .of the RUTH M. ' ,RUSHER TRUST OF MARCH 16, 2004, u/d/t dated March 16, 2004, Abstract of Trust recorded inBook 18564 , Page 232 , a W for consideration paid, and in full consideration of ONE N.P ($1 . 00) DOLLAR, � N -P U) Ugrant to the Eastern New England Council ,of Hostelling International-American Youth Hostels, Inc . of 218 Holland a) N Street Somerville, MA U N O r6 with quitclaim covenants Or, two certain parcels of land together with the buildings o ( thereon in said Barnstable (Hyannis) , Barnstable- County, r,x Massachusetts, bounded and described as follows; rA Parcel_ 1 : rn a� EASTERLY by Ocean Street, so-called, a Town Way, there measuring about seventy-five (75) feet; SOUTHERLY by land' now or formerly of Mrs . Gertrude a� Howell and land formerly of the heirs of oSolon Handy; a WESTERLY by land now or formerly of the Old Colony Railroad Co. , 'and NORTHERLY by land formerly of Everett H. Hinckley but now of this grantor, being the second parcel described herein, the northerly and southerly lines of the above described premises being parallel . SEY&HANESIAN,L.L.P. NTTOKNEYS AT LAW ATTUCKS LANE.SUITE IC HYANNIS.MA 02601 TEL.508-790-4177 Page 1 . O f 4 4 Parcel 2 : Beginning at the southeasterly corner of the premises to be. conveyed, at a point on the westerly line of Ocean Street, adjoining other land of the grantor and being Parcel 1 hereinbefore described; thence running SOUTH 790 18' WEST by Parcel 1 hereinbefore described, for a distance of one. hundred sixty-five (165) feet, more or less, to a point in the southeasterly side line of the location- of the Old Colony Railroad; thence turning and running NORTHEASTERLY. by said line of said Railroad, by a curved line having a radius of' 5772 . 15 feet for a distance of thirty-seven (37) feet more .or less to a point.; thence turning and running NORTH 790 18' EAST by other land now or formerly of the Middleboro Co-Operative Bank for a distance of one hundred thirty-nine (139) feet, more or less, to a point in the Westerly line of said Ocean Street; ` and thence turning and running SOUTH .160 47' EAST by said westerly line of said Ocean Street for a distance of thirty (30) feet' to the first mentioned bound and the point of beginning; containing an area by estimation of 4500 square feet, more or less . Together with an' easement of,,way for the purpose of passing and repas'sing over a right of way four (4) feet in width along the southerly line of. land now or formerly of Mary V. . Roderick, adjacent . to the northerly line of the above described premises and extending westerly from Ocean Street to the Old Colony Railroad Co. location. The above described premises are conveyed subject to and with the benefit of restrictions, rights and easements of record insofar as the same are now in force and effect . This conveyance is made subject to the following: (i) a SEY&HANESIAN.LIT Declaration of Trust dated March 16, 2004 between Ruth M. ATTORNEYS AT LAW Rusher as Donor and Sandra L. Tubman as Trustee, recorded AT TUCKSLANE,SUITEIC herewith in Book 'ZT,�{3106 Page Zo and (ii) the HYANNIS,MA 02601 TEL.508-790-4177 Page 2 of 4 provisions of an order (the "Court Order" ) entered January 2010 by a Single Justice of the Supreme Judicial Court of the Commonwealth of Massachusetts, in the matter captioned Sandra L. Tubman, as she is Trustee of the Ruth M. Rusher Trust v. Coakley, et als, Equity Action No. S.1�-Zd/Q -0022- recorded herewith in Book 2y.3V6 , Page ,3y , and to the following restrictions set forth in the Court Order (the Ruth M. Rusher Trust is referred to below as the "Trust" , the ,Trustee of the Trust is referred to below- as the "Trustee, " and Eastern New England Council of Hostelling International-American Youth Hostels, Inc . is referred to below as "Hostelling Eastern New England" ) : a. The Property that is the subject of this Deed (real property located at 105 and 111 Ocean Street, Barnstable (Hyannis) , Barnstable County, Massachusetts) shall be used to develop and operate a hostel at the Property, to be called the "Angeline. Crocker Hinckley Hostel" (the "Hostel") ; b. If the Hostel cannot be sustained at the Property, as confirmed by the Trustee or the Attorney General, the following steps shall be taken by Hostelling Eastern New England: i. Hostelling. Eastern New England shall forthwi.th. sell the Property through a safe process approved by: (i) the Trustee of the Trust who .is then serving and Cape Cod Foundation, or if agreement regarding the sale process is not reached, then by the Attorney General; or (ii) if the Trust no .longer exists, by Cape Cod Foundation', Inc. or its successor or, if agreement regarding . , the sale process is not reached, by'.the ,Attorney General . ii . Hostelling Eastern New England may retain the following amount (the "Retained Amount" ) of , the net -sale proceeds : the percentage of the net. sale proceeds that equals the amount of capital contributed by Hostelling Eastern New England to develop the Hostel at the Property, divided by the total value. SEY&HANESIAN,L.L.P. contributed to the project by all parties _ ATTORNEYS AT LAW including the Trust and Hostelling Eastern ATTUCKS LANE.SUITE IC New England, said percentage to be determined HYANNIS.MA 02601 - TEL.s08-796.4177 Page 3 of 4 as of the completion of construction and issuance of the certificate of occupancy and confirmed by the Trustee. i.ii . Any remaining net sale proceeds after retention of the Retained Amount shall be distributed to Cape Cod Foundation, Inc, and Cape Cod Young Men' s Christian Association, Inc . ("YMCA Cape Cod" ) pursuant to and subject to Article Four, Part A of the Trust . iv. Any other remaining funds of the Trust shall be distributed to the Barnstable School Committee and YMCA Cape Cod pursuant to and subject to Article Four, Part B of the Trust . For title see deed of Ruth M. Rusher. dated April 16, 2004 and recorded with the Barnstable County Registry of Deeds in Book 18564, Page 234 . NOMINAL CONSIDERATION - NO STAMPS REQUIRED WITNESS my hand and seal this day of January, 2010 . Sandra L. Tubman, rustee Ruth M. Rusher Trust of March 16, 2004 ,. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss On this day of January, 2010, before me, the undersigned notary public, personally appeared SANDRA L. TUBMAN, as Trustee as aforesaid, personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed 'it voluntarily for its stated purpose . 5EY&HANE51AN.LL.P. ATTOKNEY5 AT LAW Notary Public ATTUCKS LANE.SUITE IC 56466.0/476132.1 HYANNIS.MA02G01 � MAiIiTHA T. RAMSEY TEL:soa��o•al�� Page' 4 of 4 =3 NOTARY PUBLIC , , x`�' Commonwealth of Massachusells g Y My 6etiimislon Cx�ir�s 1 July 0,2012 ,1 �+► Town of Barnstable a Regulatory Services 4. MASIL Thomas F.Geiler,Director 1639.6 Licensing Authority 200 Main Street Hyannis,MA 02601 www.town.ba rnstable.m a.us Office: 508-862-4674 Fax: 508-778-2412 Licensed Premises Zoning Approval To All Applicants: Zoning approval MUST be_obtained BEFORE an application can be accepted by this office. Fully dimensional floor plans, with egresses,fixtures and furniture marked, must be submitted to the Building Commissioner's Office, along with a fully dimensional parking plan, prior to, or along with,this document. Plans must be initialed by the Building Department and submitted along with this form, completed and signed by the Building Commissioner or his representative,to the Town Manager's Office with a completed Licensing Application. No applications for a license or hearings on a license application will be accepted or scheduled until the above requirements are met. To Be Filled Out By Applicant: Uses/License Applied For Hostel/Lodging House Location 111 Ocean St. Hyannis Business Name _Hostelling International-Hyannis Business Owner Eastern New England Council of Hostelling International-American Youth Hostels Inc Address_218 Holland St, Somerville MA 02144 Telephone: 617-718-7990 Property Owner same Town of Barnstable Map(s)and Parcel(s)No(s) _326, 045 List All Uses Of: Basement_mech./storage/laundry_(Area)_1625 First Flr.—living/sleeping (Area) 1790 Second sleeping (Area)_1485_Third_sleeping (Area)_635 Fourth N/A (Area) —Roofnot used (Area)_1854 Decks, Patios, etc._handicap access(Area)_130 Date_3/31/10 Signature of Applicant John Yonce Hyannis Proiect Devlo ment Director To be completed by Building Commissioner's O ce:Zoning District Are the above uses permitted? YES NO Legal Nonconforming Use YES NO RP�w�Q Variance Granted YES NOj,� Special Permit Granted YES NO Total number of occupants permitted Total number of parking spaces exclusively dedicated to the proposed business use and available at all time when Iness is to be operated .Signature of Building Official Date /fn, CADocuments and Settings\decolliUocal Settingffemporary Inteniet Files\0LK4\Z0NINGAPPRVLF0RM.D0C 4 Bk 2..32?3 Psr207 1260 12_05_2008 a`1 _ 01 = r P _ �t rqk Barnstable ti The Town of Barnstable &UMSTABASS. Growth Management Department 1 ' 1 1639. 367 Main Street,Hyannis,MA 02601 EG MA A Office: 508-8624678 Patty Daley 2007 Fax: 508-8624782 Interim Director REGULATORY AGREEMENT Rusher Trust Hostel III OCEAN STREET,HYANNIS This regulatory agreement("Agreement")is entered by and between the applicant, Ruth M. Rusher Trust, ("Applicant"and" toper")and the Town of Barnstable("Town"),a municipal corporation, on this}hday of ° 08 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Applicant under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; 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 Applicant 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 Applicant is the legal owner of the property("Property")at 111 and 105 Ocean Street, Hyannis, consisting of approximately.45 acres, shown on Barnstable Assessor's Map 326 as L arcel 046; title to which is recorded in Barnstable County Registry of Deeds Book 18564 Page 234, and desires tc develop the Property pursuant to a Regulatory Agreement; fix` co < r WHEREAS, it is anticipated that ownership of the Property will be transferred from the Ruth' sher Trust - to the Cape Cod Foundation once building permits are issued for the Project and as such thg ape Code Foundation shall also be a signatory to this Agreement and when the term"Developer"is used herein it shall include the Cape Cod Foundation; co co r WHEREAS,the Applicant is willing to commit itself to the development of the project substa4out Ilyin W rl accordance with this Agreement and desires to have a reasonable amount of flexibility to ca the Development and therefore considers this Agreement to be in its best interests;and WHEREAS, the Town and Applicant 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 Applicant has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; Regulatory Agreement Rusher Trust Hostel 1 105 and 111 Ocean Street,Hyannis October 2,2008 r Bk 23298 Pg 208 #61260 1 ' WHEREAS, the Development is located in the Hyannis Growth Incentive Zone("Hyannis 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 Applicant has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS, the Applicant has undergone informal review by the Hyannis Main Street Waterfront Historic District on August 15 and September 19,2007; WHEREAS, the Applicant has undergone informal site plan review on September 5,2007; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS,the Applicant will require zoning relief from the use regulation schedule in the HD zoning district, more specifically referred to in Paragraph 36, below; . WHEREAS,the Applicant has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on January 28, 2008; WHEREAS, the Applicant has undergone a public meeting on the Agreement application before the Town Council and received a 2l3rds vote approving the application on October 2, 2008; 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 Applicant and the Town do enter into this Agreement, and hereby agree and covenant as follows; 1. The Applicant 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 Site Plan"Sheet S-1 dated 02.26.2007, and Proposed Plans A-2,A- 3,A4,A-5, and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA b. Such other plans and plan revisions as may be required by the terms and conditions of this Agreement. 0 C2.)The Developer proposes to renovate four existing buildings to develop the Property as a Hostel. For the purposes of this Agreement, a Hostel is defined as a facility which provides inexpensive, overnight accommodations for travelers in dorm style rooms with male female, coed and family rooms. The hostel is designed to brin eo le..together througfithe seof°setl kitchensbaoomsard' common areas The our3existrn "3burldmgs at the Property shall be remodeled and updated to comply r� with'T p licable ild ng,�and`hea th coxes. A new 16 car parking area is also proposed to service the hostel (the"Development'),with 13 spaces of pervious parking and an additional three lined and available if the need arises. 4. As shown on the plans entitled, proposed Plans A-2,A-3,A-4,A-5, and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA Hostel shall have a maximum of 13 rooms Regulatory Agreement Rusher Trust Hostel 105 and 111 Ocean Street,Hyannis October 2,2008 Bk .23298 Pg 209 #61260 with a maximum of 47 occupants, including Hostel staff and children under 18. The maximum number of occupants shall be posted in the area of the premises where guests register. 5. When open,the Hostel shall have a minimum number of one Hostel staff on the premises on a 24 hour basis. 6. Hostel visits shall be limited.in duration. Each individual Hostel visitor shall be limited to not more than fourteen (14)aggregate nights in a one year period. The Hostel management shall keep a log containing the names of visitors or groups of visitors occupying the Hostel. The log shall be made available for inspection by the Town Board of Health and/or the Town Manager's office upon request, but in no case shall such log be made available later than five(5) business days after receipt of a written request by the Town. 7. The Hostel shall operate on a seasonal basis and shall not receive visitors between November le through April 14th of each year, but may be open at its option seven(7)days a week from April 15t' through November 15''in any one year. 8. Separate sleeping accommodations shall be provided for visiting boys and girls under the age of 18. This shall not apply to a family sharing a discrete room. 9. The preparation of food shall be restricted to the kitchen and a designated area for outdoor grilling and dining.The management shall ensure that food preparation does not occur in sleeping rooms. 10. The Hostel management shall clearly post and shall enforce a quiet time between 11 pm and 7 am. 11. Smoking shall not be allowed. Outdoor smoking on the premises shall only be permitted in designated areas with proper receptacles. 12. The possession and/or consumption of alcoholic beverages or illegal substances shall be prohibited. The management shall take steps to remove anyone from the premises who has had too much to drink or is disruptive. r 13. Animals,with the exception of service animals assisting persons with disabilities, shall be prohibited. The four habitable.buildings shall include a full emergency sprinkler system as approved by the Hyannis Fire District. 15. The curb cut on Ocean Street shall be configured on Ocean Street so it only allows for"right turn in, right turn out"and Developer shall install a"No Left Turn°sign. 16. Developer shall construct a Passive Stormwater Maintenance and Infiltration System to service the Development. 17. Developer will provide a bicycle rack at the Property. 18. Developer and its successoi•(s)shall maintain all landscaping and drainage facilities during the term of this agreement for the period for which the development rights granted hereunder continue to be exercised. 019. Upon completion of all work,a registered engineer or 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 (Barnstable Code Section 240- 104(G). This document shall be submitted before the issuance of the final certificate of occupancy. Obe Prior to the issuance of any building permit,the Developer shall submit a landscape plan which shall reviewed and approved by the Planning Board. Regulatory Agreement Rusher Trust Hostel 3 105 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 210 #61260 21. The Developer shall apply or cause its approved operator to apply for and receive a yearly license for the operation of the Hostel from the Town Manager or his designee, unless the Town Manager determines that there is an alternative adequate licensing procedure.The Developer agrees that for the first year the fee for said license shall be$1,000 per year. Thereafter,the fee shall be determined pursuant to the Town's fee-setting procedures.A denial, suspension or revocation of a license by the Town Manager or his designee shall result in the closure of Hostel operation on the premises, subject to all rights of appeal. No occupancy permit shall be issued until the Developer demonstrates that the premises are duly licensed. 22. Developer shall permit or cause its approved operator to permit the inspection of the premises by town staff, including but not limited to health, building and fire safety personnel. 23. Upon notice and hearing,the Town Manager reserves the tight to terminate Hostel operations if necessary to protect the public health, safety or welfare. 24. No change in the licensed operator of the premises shall be permitted without the prior written approval of the Town Manager or his designee. ➢� 2b. Any reconfiguration of the interior of the premises which alters the number of rooms available for guests shall receive the prior written approval of the Planning Board,who may approve such change administratively. 26. The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of two years from the effective date of the Agreement, provided, however,that prior to the expiration of said one year period the Applicant 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 Applicant estimates that construction will commence on or about November, 2008 and will be completed on or about November,2009. 27. Commencing in the third year of operation,the Developer has agreed to contribute to public capital facilities to serve the proposed development and the Town by making a yearly payment in lieu of taxes. The initial payment shall be$5,355.40,which amount shall be increased by 2'h per cent per year. No license(permit)shall issue for the third year of operation until the initial payment constituting a contribution to public capital facilities has been received by the Town. The Town Manager shall make provision for a proportionate share of said payment to be paid to the Hyannis Fire District. 28. Any lighting for,the development shall be contained on-site, shall be down cast and shall not contribute to light pollution of the area. . 29. All landscaping within the Development shall be low water use and shall minimize the use of fertilizers and pesticides in keeping with the Hyannis Village Zoning Districts Design and Infrastructure Plan. 30. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project. 31. Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible. . 32. 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)sewer permits and water permits. 33. Exterior construction impacts shall be minimized and construction shall be limited to the hours of 7:30 a.m.to 6:00 p.m.weekdays, and 8:30 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. Regulatory Agreement Rusher Trust Hostel 4 106 and 111 Ocean Street,Hyannis October 2,2008 f Bk 23298 Pg 211 #61260 34. 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. 035. Developer has represented to the Board that it intends to enter into contract with the Eastern New England Council Hostelling International—American Youth Hostel, Inc. to operate the oe.s 9nur� the issuance o an occupancy perms or the premises, Developer shall submit a copy of said contract to the Planning Board for eir a ermination that the contract incorporates the terms and conditions of this regulatory agreement.All operators shall be bound by the terms and conditions of this Agreement and the Developer shall incorporate this Agreement by reference into any contract it enters into for the operation of the premises and said contract shall require that the operator comply with the terms of this Agreement. 36. Town hereby grants a waiver from the following zoning restrictions: permitted or conditional use in the HD zoning district(Hostel), Section 240-24.1.7 of the Barnstable Code and reduction in onsite parking requirements, Section 240-24.1.10(4)(b) 37. The Developer shall submit revised plans which address the comments submitted by the Site Plan Review Committee dated September 5,2007,to the extent applicable,which plans shall be reviewed and approved administratively by the Building Commissioner. 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 u L �f 2008. Town of,8arnstable Developer By: By: .L� Cape Cod Fou daton By Developer ///zv IX Regulatory Agreement Rusher Trust Hostel 5 105 and 111 Ocean Street,Hyannis October 2,2008 BARNSTABLE REGISTRY OF DEEDS _ _ a Bk 23875 Ps 224 39 94 Barnstable DIME The Town of Barnstable A„ SST"M Growth Management Department MASS. g1 r t6g9. ,m� 367 Main Street,Hyannis,MA 02601 pJfO H1At A Office: 508-862-4678 Patty Daley �007 Fax: 508-862-4782 Interim Director FIRST AMENDMENT TO THE REGULATORY AGREEMENT Rusher Trust Hostel 111 Ocean Street, Hyannis This Amendment to the Regulatory Agreement("Agreement") is entered by and between the applicant, Ruth M. Rusher Trust, "Applicant"and"Developer")and the Town of Barnstable('Town"), a municipal corporation, on this-May of July,2009 pursuant Chapter 168 of the Barnstable Code, Regulatory Agreements, Section 168-5D; WITNESS: WHEREAS,the parties under this Agreement approved the Regulatory Agreement on October 9, 2008; WHEREAS, in Paragraph is of the Agreement,the Applicant agreed to construct the Project Ip accordance with Plans entitled,"Proposed Site Plan';Sheet S-1 dated 02.26.2007 and Proposed Plans A- 2,A-3,A-4,A-5,and A-6 dated 06.26.2007, prepared by A+E Architects, 15 Cape Lane, Brewster, NIA [Now 2384 A Main Street, Brewster, MA]. WHEREAS, in the course of applying for a Building Permit,the Applicant has been required to modify the Plans to comply with building code requirements, as follows: A. Pursuant to 527 CMR Section 25.00, subsections 25.02 and 25.07,the width of the driveway must be increased by moving Building C;and CM q B. The dormer design elevations must be changed to accommodate the new back stairway,to da allow for double egress,as required by 780 CMR Chapter 10(Table 1010.2). 0` WHEREAS,the Town Manager has determined that the modification of the Plan will not result in alteration in the use and intensity of the Project or alter the mitigation stipulations of the Agreement and, as a result, finds that the modifications to the Plan are not substantial amendments; Y $ NOW,THEREFORE,the parties agree that the Agreement shall be revised to allow for the con`struction of the Project in accordance with the Revised Site Plan entitled"Proposed Site Plan"dated June 10,2009, "Details Plan"dated June 10,2009,and"Alterations&.Additions for Trustees of Ruth Rusher's Estate Hyannis Hostel"revised June 10,2009,copies of which are attached hereto,and that Paragraph 1 a of the Agreement shall be amended by including a reference to the revised Plan. IN WITNESS WHEREOF,the parties have hereunto caused this Amendment to the Regulatory Agreement to be executed,on the day and year first above written. First Amendment to the Regulatory Agreement Rusher Trust Hostel 111 Ocean Street,Hyannis 4uly 7,2009 ts7 rF ` Bk 23875 Pg 225 #39694 Dated this � I day of TLC L`t 2009. Town of BarnstabI6 Developer By: John Klimm,Town Manager By: Sandra H.Tubman,Trustee of Ruth M. Rusher Trust Cape od Foundation By: E6'zkhE�-4 �nv� r r First Amendment to the Regulatory Agreement Rusher Trust Hostel 111 Ocean Street,Hyannis July 7,2009 Bk 23875 Pg 227 #39694 i � p N �j 'l NO T a{ hit 1 x c-�� .la � i 1 • �:i i � Y i x ��I r ti j IM�9�-9 >�p l� �•C 11 S? d� ; F IuM In � � i '�R•'o -r l f Bk 23875 Pg 226 #39694 I+t { e 'r:Ef fi a0 i OLD COLONr ROgD Al r•~ \•'. lA ,�3 tl _ .� ' Tit+• !+ '+'�, .t� VIVO 2-5 �• 13, •�i� � ~ �T MV 0 Bk 23875 Pg 228 #39694 gi r 2 d�F IF 3p 7• as_z2 N 1 i i d`i,',; w iiil'• I r,\ \ -ti, ir rn •'t�.i� � EI:It E�=. � —�- t+- I � I'j!'�f'!'11lli is I' l n � �r, •�.IjE;i � r !r�, �j Z ' rr 7 !� "1 Tt�"!'�" s.r: .f !!I'+!'rl!�!"'i�'''ri l!;i ..i. ,{ a fit• �-� I E II!II'li, II ,lam! +`-N' i ...{r, EI I Ijllil'I'll�tl!I Ilii Ili f Iri i's`. I: r•� I Illli lili,!1111{'I I!I�!i! iin '; I I \ - }" 2. }"$s'1 •III!Ili'Il,:;;tli 11{1i!�t ! 1 4F as €C, P F aj: 3r.F, 4� .-.a, r._� .,; 3�i, !•'li!,�::!:,!Iir:!!!41' 4-L-i �A� � ! *�� i �ijlilili;ll!'�i'ili✓i!@E;,�i j Fitt ALTERATIONS&ADDRIDNS FOR: h1� 7 �'�r r m e:a�xster,enn vrnr D TRUSTEES OF RUTH RUSHER'S ESTATE N - —_— Residential CommercialA° HYANNIS HOSTEL . _... Sustainable Design ww,.oc�,x.,;yu,w•„ Z 111 OCEAN STREET HYANNIS,MA 02601 mmmmmmma ' Bk 23875 Pg 229 #39694 E �N � ri>.;ti .;.ti. �1 t�IY� (rtt±11}tF '7iil;ii:? � !III' r.•%1 �1''llkjili ur •Ca�r}�V�,ii-3} tti.it}. !, I �-!•�_r1.?i;, ,: t, ;•,_�.�•r_"' i.t1�,�` , � �is u-.r�� 1�i{ `(�-, •� }::}�': E.`�+}� ��l ;.rr t�. ., r y }Sl pl 1'-j II'Ei!'�:,I!:I•r. ,I i .�}, --�-L+ -?iL _J� :It .11ili!! !Iii,lll.! `r r`, Ii il!il':if f Jtti tt.,.sf ii ; L}y-� - .,_(,7. _,i..- Ih;I!,ia i'!Ilt�ln:ai u 1 I +" }i" '.. � {. t�{ ilI l I t I ;f yi'I�i"�T�I 1 I �.-�'Ti,'•T[fr`.' Its ;;I,;i;; .,< . F �.�2'...1:;,x!:��t�J{;* i li ;.Sllii;.i,•,`I;,Ii� g "LA �� � - �-�� T'.i•.� _a tic._. '!ililli!Lil�tiiljliiilllt: iE I}iS 4• '{ �' I I,I III- m m ALTERATIONS&AMMONS FOR: C r a ARCHTEC 8,s .m,0263+ • . .` D TRUSTEES OF RUTH RUSHER'S ESTATE -- - Residential Commercial oe.e�609't. HYANNIS HOSTEL Suslair.able Design w«.;.+oecaea�n:. z 111 OCEAN STREET 2 HYANNIS,MA 02601 BARNSTABLE REGISTRY OF DEEDS BARNST BLE SZ i,! ram, n t,. TO lE:. BABNSMBLE. MA9& i6JA `0� `07 JUN 27 Al 1 :10 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': Ruth M. Rusher Trust Phone: c/o MDF: 508.430.1900 Applicant Address: c/o Michael D. Ford, Esq., POB 485, W. Harwich, MA 02671 Project Name: Rusher Trust Hostelling Project Property Location: 111 Ocean Street, Hyannis If applicant differs from owner, state nature of interest:z 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# Owned M 326 P 45 Sandra L.Tubman Trustee Rusher Trust 18564/234 3 Owners Contact information (if different from applicant) Name Address Phone number: 3. Zoning District(s) HD 2 The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. 2 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. fl Grounc water Overlay District: Yes [ ] No [X] Total land area subject to the Regulatory Agreement: .45 acres Total land area upland: .45 acres Total land area wetland: N/A Total estimated cost of construction: $275,000 4. Regulatory Agreement Requested: Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes ( ] No [X ] Description of proposed agreement: Applicant proposes to develop the property at 11 Ocean Street as a Hostel. The three existing buildings at the property would be used for Hostelling purposes remodeled and updated to comply with applicable building and health codes. A new 10 car asphalt parking area is also proposed to service the hostel 5. Existing Zoning of the Site and Proposed Zoning Relief Required by the Regulatory Agreement: The property is located in the HD zoning district Though "hotel" uses are permitted in the district and a"hostel" may fit into the definition of"hotel," a "hostel" is not otherwise specifically permitted and therefore apparently prohibited. Zoning relief is required which would explicitly allow the Hostel use in the underlying HD zone The development will otherwise comply with the dimensional regulations of the HD district or alternatively, be permissible alterations or extensions of the preexisting nonconforming structures at the premises 6. List the local, state or Federal Agencies from which permits, funding, or other actions have been/will be sought: Hyannis MSW District Certificate of Appropriateness. 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: TO BE DETERMINED. 9. A description of any reservation or dedication of land for public purposes: TO BE DETERMINED. 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: SEE Exhibit'A," proposed building alterations." Attach additional sheet if necessary 11. Existing Level of Development- Number of Buildings: 3 f 4`xisting Gross Floor Area: BLDG A-2218 sq.ft.- BLDG B: 600 sq.ft.- BLDG C 846 sq.ft. Present Use(s): residential. Height of Present Uses: complies with current zoning (BLDG A-2 story; BLDG B-single story; BLDG C-2 story) Density of Present Uses: SEE ABOVE. Proposed Level of Development- Number of Buildings: 3 (same as existing) Proposed Gross Floor Area: same as existing Proposed Use(s): Hostel Height of Proposed Uses: same as existing) Density of Proposed Uses: same as existing) 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 [ ] 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 documents must be submitted eight days prior to the public hearing for distribution to the Board. � Signature: i / Date: ?h Applicants or Representative's Signature Print Name Michael D. Ford, Esq. Representative'S3 POB 485, 72 Main Street, Suite 10, W. Harwich, MA 02671 Address: Phone: 508.430.1900 Fax No.: 508.430.9979 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. BARNSTABLE, MASS 1619. 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 Ruth M. Rusher Trust, 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): r Planning Board: Signature: Signature: Al5plicant r Applicant's Representative Chairman or Acting Chairman Print: Michael D. Ford, Esq. Date: Date: `e oZ Address of Applicant(s)or Applicant's Representative POB 485, 72 Main Street, Suite 10 Office of the Planning Board W. Harwich, MA 02671 Planning Division 200 Main Street, Street, Hyannis, MA 02601 Phone 508-862-4687 cc: Town Clerk Applicant(s) File file zba-f-extspb.doc Revised 07/12/99 I + BA"S ABLE, MASB. �f0 MPt� 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 $TBD Multi-Family $TBD 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. J °FTHET Town of Barnstable Regulatory Services ± �ARNSfABLE v Mass. $ Thomas F. Geiler, Director �,prE16,39. Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us i Office: 508-862-4038 Fax: 508-790-6230 July 11, 2007 Gail Hanley, Clerk Cape Cod Commission P.O. Box 226 .Barnstable, MA 02630 Re: Jurisdictional Determination for Hyannis Regulatory Agreement Rusher Trust Hostelling Project/1;1 l-Ocean 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 111 Ocean Street, Hyannis,Massachusetts. The proposal is to allow development of hostel in the HD district of Hyannis. 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. i r�4 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. ZSinc4erely, opt t� The Town of Barnstable a stable » ■AMSTABLE, MASS. Planning Board 'OrfD MA't 200 Main Street,Hyannis,MA 02601 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: ❑ 1. This Application Form and the Required Filing Materials set forth below. 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': Kokerz_ I �% I Phone: c/o MDF: 508.430.1900 Applicant Address c/o Michael D. Ford, Esq., POB 485, W. Harwich, MA 02671 Project Name: Rusher Trust Hostelling Project ' The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. I Property Location: : 111 Ocean Street, Hyannis Property Owner: Sandra L.Tubman, Trustee Rusher Trust Phone: c/o 508-790-4177 Address of Owner: c/o Martha Ramsey, Esq., 700 Attucks Lane Suite 1 C Hyannis Deed Recording: Book 18564 Page 234 Book Page Book , Page Book , Page Book Page Book Page Plan Recording: Plan Book Page Plan Book Page Plan Book Page Plan Book Page Plan Book Page If applicant differs from owner, state nature of interest:2 Assessor's Map/Parcel Number: 326/45 Zoning District: HD Number of Years Owned: 3 in trust Groundwater Overlay District: Y/N X Total land area subject to the Regulatory Agreement: .45 acres Regulatory Agreement Requested: Agreement requested to allow development of hostel in the HD district of Hyannis ❑ 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" 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. ❑ Copy of plan(s) reduced to fit sheet size 11" 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. ❑ If 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 1:25,000 scale with the outline of the entire property clearly shown. ❑ All building plans should be drawn at a scale of 1/4" = 1'. ❑ Legal Data to Appear on ALL Submitted Plans, as appropriate: ❑ 1. Name and address of applicant and authorization of owner if different from applicant. ❑ 2. Name and address of owner(s) of record, if different from applicant. ❑ 3. Name and address of person or firm preparing the plan. ❑ 4. Current zoning classification of property, including exact zoning boundary if the development site is in more than one district. ❑ 5. Property boundary line plotted to scale. Distances, angles, and area should be shown. ❑ 6. North arrow, scale, and date. ❑ 7. Property lines and names of owners of adjoining parcels. ❑ 8. Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use within and adjoining the property. ❑ 9. Date of plan(s) and subsequent revisions. ❑ 10. Plans must be. stamped with original stamp of registered architect, landscape architect, or professional engineer, as appropriate. ❑ 4. 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. ❑ 5. 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. I 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 1: 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. Yes ❑ No ►Ti (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 OR (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 ►E (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 ❑ No 1B (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: (i) 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; (iii) 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. I Note: See Section 2 below for definition of"Gross Floor Area" Yes ❑ No OR (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 6 (g) Any proposed development, including the expansion of existing developments that is planned to create or add 30 or more Residential Dwelling Units. Yes ❑ No e (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 ❑ No e (i) (1) 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 ❑ No ►B Q) 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 ❑ No (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 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: I n 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 with 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 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, 2005 Cape Cod Commission Regulations. It is the applicant's responsibility to check for amendments to the Cape Cod Commission's enabling legislation and regulations. i fly LiF 13ARINI IAC3L Town of Barnstable FTME TO�� 200 Main Street, Hyannis, Massachusetts 02601 24,19 FEB 26 PM 3: 20 9BARNSrABLE. NLASS. Growth Management Department JoAnne Buntich,Interim Director i639' 367 Main Street Hyannis, Massachusetts 02601 DIVISION ON pTf1639. � is R �1] Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us February 26, 2009 Ruth M. Rusher Trust c/o Attorney Michael D. Ford P. O. Box 665 West Harwich, MA 02671 Reference: Site Plan Review #043-07 Ruth M. Rusher Trust Informal Review, Regulatory Agreement ® 111&115B Ocean,Hyannis, MA Map26,3 Parcel 045 & Map 266, Parcel 006001 Proposal: Change of use of the site to a hostel with 47 beds. Remodeling and updating of three existing residential buildings on the site with the addition of approximately 950 s.f. to one existing structure; conversion of an existing 400 s.f. garage to a 2-bedroom cottage; and construction of a 10-space parking area. Dear Sir/Madam: Please be advised that subsequent to the informal site plan review committee meeting of September 5, 2007 the above Regulatory Agreement received an administrative approval. Said regulatory agreement however, contains Condition#37 which requires the Developer to submit revised plans addressing comments submitted by the Site Plan Review Committee in report dated September 5, 2007 to the extent applicable, which plans are be reviewed and approved administratively by the Building Commissioner. This approval is issued for the purpose of allowing the applicant to move forward with the building permit. application and is subject to the following: • Approval is based upon plans entitled, "Proposed Site Plan" Sheet S-1 dated 02/26/07, and Proposed Plans A-2, A-3, A-4, A-5 and A-6 dated 06/02/07 prepared by A&E Architects, 15 Cape Lane, Brewster, MA. • Additional or revised approvable plans if not already provided and approved, may be required which depict the following for permitting purposes: Paved parking lot with drainage and calculations V ;s �y Utility plan including the depiction of the tie-in of structures Easing of the turn radius off Ocean Street onto the property for fire equipment. Lighting plan for evening hours. Fire Department access of gate at the Old Colony Road driveway to be provided. Compliance with conditions of Hyannis Main Street Waterfront Historic District Commission approval. • Applicant must obtain all other applicable permits, licenses and approvals required. • Upon completion of all work, a registered engineer or 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(Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen M. Swimarski, SPR Coordinator CC: Tom Perry_,Building_ Commissioner 7 SPR File Planning Board Rusher RA File Hyannis Main Street Historic i Town of Barnstable FT"E Tokti* 200 Main Street, Hyannis,Massachusetts 02601 o� lAB1VSTABLE, = Growth Management Department JoAnne Buntich, Interim Director 9`bp ' • � -167 Main Street,Hyannis,Massachusetts 02601 rED Mp'l a Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us February 26, 2009 Ruth M. Rusher Trust c/o Attorney Michael D. Ford P. O. Box 665 West Harwich, MA 02671 Reference: Site Plan Review # 043-07 Ruth M. Rusher Trust Informal Review, Regulatory Agreement 111& 115B Ocean,Hya_ nns;MA Map 326, Parcel r M 2 Parcel006001 a 0 4 5 & Map 66, Proposal: Change of use of the site to a hostel with 47 beds. Remodeling and updating of three existing residential buildings on the site with the addition of approximately 950 s.f. to one existing structure; conversion of an existing 400 s.f. garage to a 2-bedroom cottage; and construction of a 10-space parking area. Dear Sir/Madam: Please be advised that subsequent to the informal site plan review committee meeting of September 5, 2007 the above Regulatory Agreement received an administrative approval. Said regulatory agreement however, contains Condition#37 which requires the Developer to submit revised plans addressing comments submitted by the Site Plan Review Committee in report dated September 5, 2007 to the extent applicable, which plans are be reviewed and approved administratively by the Building Commissioner. This approval is issued for the purpose of allowing the applicant to move forward with the building permit application and is subject to the following: • Approval is based upon plans entitled, "Proposed Site Plan" Sheet S-1 dated 02/26/07, and Proposed Plans A-2, A-3, A-4, A-5 and A-6 dated 06/02/07 prepared by A&E Architects, 15 Cape Lane, Brewster, MA. • Additional or revised approvable plans if not already provided and approved, may be required which depict the following for permitting purposes: Paved parking lot with drainage and calculations Utility plan including the depiction of the tie-in of structures Easing of the turn radius off Ocean Street onto the property for fire equipment. Lighting plan for evening hours. Fire Department access of gate at the Old Colony Road driveway to be provided. Compliance with conditions of Hyannis Main Street Waterfront Historic District Commission approval. • Applicant must obtain all other applicable permits, licenses and approvals required. 9 Upon completion of all work, a registered engineer or 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 (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, eAl g. Ellen M. Swiniarski, SPR Coordinator CC: Tom Perry_,Building Commissioner SPR File Planning Board Rusher RA File Hyannis Main Street Historic Hyannis Fire Department ,ez� � — I AAARK :R MARINACQO; ARQHI7€CT: ,. t . • - - ' ARCHITECT •.PLANNER CONSULTANT. IY BCOMT,QKM SANDW104, NIA 03563, 508:420 0821 August 3,2006 Mr Tom Perry Building Commissioner Town of Barnstable Dear Mr. Perry: .Approximately two months ago I spoke with your office regarding a proposed project at 111 Ocean Street, Hyannis, MA. The proposed project consists of the renovation of three residential structures in order for them to be used as a hostel. During my evaluation of the property it became apparent that a "hostel' use is not specifically mentioned in the zoning bylaws. A telephone call to your office revealed that there would have to be a determination whether or not a hostel fit into the uses mentioned in the zoning bylaw or if a variance would be required from zoning. I would therefore request from your office a determination as to whether a Hostel use would be allowed at 111 Ocean Street. Currently Hotels, Motels, and Bed-and Breakfasts are allowed under zoning. I have included a portion of my code evaluation as well as a preliminary plan showing the proposed alterations to the buildings,for your information. Thank you for your attention to this matter. Sin ely, Mark Marmlal-A�c 00 < < rsx+x na'61px. +Fa z reR > r tm: x`R Vi q , L it tR> ih: s,.::7 Pdt ,:�, St^'�: ii�;,v� ,, •.r- tt "::(•Ivs. 2,(,S�Yl�•�3 h.•fl��'1�1iJ2'�, �Cj A±`..i ainr': ra: i � '}* i S r. s�t t 1 ;1 r r h. ,.�.-.. 1^ �• . � i ,VS� .;3�7..; tiri=xJ,�. i i 3� �w1€,,T;� :.}�:.rJft;J�:'7 :;y ,_3'� �_ �?IiO 11.+t�.{ 't. 0 .t�t�< � t!:[i e.,i...4.;i"'i '.�:'Y�1(�y ta"11!t > }Wor S ..z hoc WWI roe i{`,C i t3G�f i�CJ�I'1;'Jii: .' .5(, 'aI%91 3 i+��t7 tSvi.'7VOa i*'8d1!0 Pl�uena—) btnGC},- 43d ti C� s - �r h 2 , q p } 1 k; r s't .�� ,';! :3fhllSf"li'", Ys,ta:iiT;�,.yr. �C?fI c;i :3� SJ1�..,1 a aGt'; i1c�'.�".('t;.,Ei :^illE:� a tt t17'��:�Cit:� 'lJ n t J;;f#S:.,EiV. �+il .i1�-iL,.: O' t fi; : `%Q",G JJ11� tsd'lcfty no"it, n Sa of 3 o t- o 7";�1mJ rsr!; , rh.`t,nirlyz;rsrm usilps�'.f�7E:.!°vd'3J t�SltiiY E: 17 SO �IVC,a �lsr7{rS c�rt1 �i�{1r)Sl('E'7i i."3.�1�rL` •� -,('� h h Fji'.ryv 1 i ( 1 ' " V i t ,;e iJ +, J!. n ,, iJ' L- ' ' i soon ri Moil Okb-o vrl zzo nc)! tt q fi J'3f ;Jr,:?fit 6,2d 1 L)flt'' tS.. 4 's?.),':'�,.:nit bra L. o ,`n +:i`c-Io p, fYftt.� ilftrTi�i.+ ,f?a`:tC'a 7tJ::i� .�i i'J M� )i�L3 �.. r.%S>�R T.:.�:t+.1;J:r�� T ?r'„��.t1"ire yi^-�:t '.i lam•#;n�r��t.7,`{r.(.'yf:t i er t �;' ',f: ,...':"1.;��)�; 41 ri'o..oj3s ,,-N+d r I� 1 MARK MARINACCIO, ARCHITECT 19 SCONSET CIRCLE SANDWICH , MASSACHUSETTS 508 - 420 = 0822 EVALUATION OF A PROPOSAL , BY HOSTELLING INTERNATIONAL TO OPERATE A HOSTEL ON THE RUSHER ESTATE e PREPARED FOR: CAPE COD FOUNDATION 259 WILLOW STREET YARMOUTH, MASSACHUSETTS , JUNE 8,2006 w F PROPOSAL EVALUATION Ruth Rusher Estate 111 OCEAN STREET, HYANNIS, MASSACHUSETTS PROJECT DESCRIPTION Project Location: The Ruth Rusher Estate is located at 111 Ocean Street in Hyannis, Massachusetts, as indicated by the arrow in the illustration below a Figure 1. � /rj: � � I, ° , i-„.�,._ Gl1i �jrr°''"�.�k��-�hx6`,�y:s- •�I '• °'��"r4���Z \o ` \/fi9� s� [ w Existing Property and Conditions: The property consists of 0.45 acres of land containing three habitable buildings two garage buildings and a storage shed. All buildings are wood frame construction on concrete or concrete block foundations. For this discussion we have labeled the habitable buildings as follows: Figure 2: Building A Figure 3: Building B ;, Mq'� - e . 1lRC .y :ice}• .•- .+1,?n�9 .w,af'>:•S - Figure 4: Building C Figure 5: Flood Zone Map UZI u—ncuwroan FIBIII TOWN.OF BABNSTABLB, MABSACRUSETTB DARNSTADU i OOUPYY 1 p g /Air 1 a �1y • , 5 The Town of Barnstable 2006 Property Assessment States that the buildings on the Ruth Rusher Estate were built in1910. ° * PIWI BIXeU. It is obvious from the exterior that T the second floor of building B has been 1 ^ renovated sometime in the past. The square footages of the existing buildings Are listed as follows Square Footage Number of Existing Bedrooms Building "A" (figure 2) 2,218 _ 5 Building"B" (figure 3) 846 2 Building "C° (figure 4) 600 1 PROJECT CONSTRAINTS FIRM Flood Zone: FIRM flood zones should be determined by a registered Site Engineer contracted to perform site engineering for the project. Review of the flood zone map (figure 5) shows that the Rusher property is located in flood Zone C with the possibility that a corner of the property falls within flood zone B. The buildings fall within flood zone hazard "C". Buildings located in flood zone c can contain full basements. In flood zone c, no floor height restrictions, above flood elevation,are imposed on the building structures.- 3 I Conservation Division: The Massachusetts Wetlands Protection Act(MGL Ch. 131, Sec. 40), its attendant regulations (310 CMR 10), and Article 27 of the Town of Barnstable By-laws were promulgated to protect wetland resource areas and the values or interests they serve. Moreover, the Town of Barnstable Zoning By-law (soon Ordinance) embraces several construction setbacks from wetlands (35') and MHW in coastal areas and inland great ponds(50'). By extending potential regulatory jurisdiction over proposed activity within the resource areas themselves and also within a 100' buffer zone landward of such areas (when activity may elicit a deleterious resource area impact), the foregoing statute, regulations and by--laws provide the Conservation Commission with a meaningful set of tools for protecting the long-term integrity of areas under its jurisdiction. Preliminary conversations with the Town of Barnstable Conservation Commission concluded that the property is outside the jurisdiction of the commission and that no public hearing would be required for the project. A final determination should be made by a registered Site Engineer contracted to perform site engineering for the project. Hyannis Main Street/Waterfront Historic District The Rusher property lies within the Hyannis Main Street Waterfront Historic District. The Hyannis Main Street Waterfront Historic District (HHDC)was created in 1996 as part of the ongoing efforts to address revitalization and historic preservation In downtown Hyannis. The HHDC promotes the preservation of the unique historic character of downtown Hyannis and Hyannis Inner - Harbor. The Commission strives to create a desirable place to live, work and enjoy through the preservation, maintenance and improvement of historic vernacular. Any exterior alterations, landscape changes or new construction within the Hyannis Main Street - Waterfront Historic District must be reviewed for appropriateness in keeping with the historic character. With the creation of the Downtown Hyannis Village Zoning Districts and revitalization initiatives, review by the HHDC will continue to be a critical part of downtown redevelopment. Appropriateness of all alterations and additions to this property will require review and approval of.the r Hyannis Main Street/Waterfront Historic District Commission at a public hearing Town of Barnstable Zoninsa District:. The Rusher property lies within the Hyannis Village Zoning District HD Harbor District(see figure 1) The following principal and accessory uses are permitted in the HD District. Uses not expressly allowed .are prohibited. Permitted orincia uses: Marinas, Building, sale, rental, storage and repair of boats, Retail sale of marine fishing and boating supplies, Retail sale of fishing bait, fish and shellfish, Commercial fishing, not including canning or processing of fish, Charter fishing and marine sightseeing and excursion facilities, Museums, Performing arts facilities, Restaurants, Hotels, Motels, Conference centers, Bed-and-breakfasts, Artist's lofts, Mixed-use development with all residential units located above the ground floor only. Permitted accessory uses: Offices to be used for ancillary activities which are directly related to a principal permitted use in the district, Accessory retail uses that do not exceed 1,500 square feet and which are directly related to a principal permitted use in the district, Health club not exceeding 1,500 square feet and which is directly related to a principal permitted use in the district. Special permits: Permitted principal uses as follows, provided, however, that a special permit,shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission: Nonresidential development with a total floor area greater than 10,000 square feet, Mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space, Multifamily residential development totaling not more than seven units per acre, Dimensional, bulk and other requirements. With out a written proposal, the Barnstable Building and Zoning Departments were unable to provide a determination on weather or not the specific"hostel" use would be allowed without a variance or special permit form the zoning board of appeals. Although common sense would define the Hostel use as a combination of motel and bed and breakfast uses..the Town of Barnstable may require a variance to allow said use in the HD zone. A strict interpretation of the zoning bylaw defining the HD zone would require that a zoning variance be issued to allow the "Hostel" use classification because it is not specifically allowed by the statute. Property Dimensional Requirements Minimum Yard Setbacks Maximum Building Height Stories Lot Coverage Front(feet) Rear(feet) Side(feet) 20 10 10 35 ft 2.53 70% It is questionable whether or not building A meets the required front yard setback, and whether building B meets the required side yard setback. All new additions will be required to meet the setbacks listed above. A special permit may be required to renovate an existing building if it is currently non-conforming the setback requirements. Q d 5 51 ��N r r Pf- � �CAL r�'k�E w Lo W MEfZ_ciA,L_ r � Rusher Project Page 1 of 1 Shea, Sally From: Lt. Don Chase [dchase@hyannisfire.org] Sent: Wednesday, September 02, 2009 9:50 AM To: Perry, Tom Cc: bob@capecoddesigner.com; Shea, Sally Subject: Rusher Project Hi Tom, After meeting with Mr. Robert Evans this morning, all questions regarding site plans have been answered. He is getting us updated drawings showing details for building "C" including floor and electrical plans. We will be receiving updated sprinkler plans further into the project that will include building "C" as well. We are all set for his project to proceed with permitting. Thanks Don Lt. Don Chase, FPO Fire Prevention Officer Hyannis Fire Dept. dchase@hyannisfire.org 508-775-1300 x106 9/3/2009 Town of Barnstable Barnstable "-=o� Board of Health A�-AmericaCity � . }1 200 Main Street, Hyannis MA 02601 t,-•: BARNSTABLE, •y Hass. � � OVA i639• �� _ 2007 TFD MA. Office: 5 8-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi February 6, 2009 Michael Ford, Esquire PO Box 665 West Harwich, MA 02671 - RE: Sandra L. Tubman, Trustee of Ruth M. Rusher Trust 111 Ocean Street Hyannis 4y Dear Attorney Ford: You are granted variances from 105 CMR 410.400 (C)', Minimum Square Footage, on behalf of your client, Sandra L. Tubman, Trustee of Ruth Rusher Trust, which requires ...in a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least.80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant. These bedrooms will not meet the standard minimum JQ requirements of floor space per occupant(s) in a room. Multiple sleeping rooms will be constructed less than 80 square feet at the proposed youth hostel at 111 JQ Ocean Street, Hyannis. . After much discussion, the Board agreed with the philosophy that due to the temporary occupancy with a maximum stay of 14 days in aggregate, along with the desire to offer reasonable temporary housing for young visitors who stay at youth hostels, a variance should be granted. This variance is granted with the following conditions: The rooms shall be used for temporary occupancy, The building and the bedrooms shall conform to the Hostelling International HI-USA HOSTEL QUALITY STANDARDS effective i January 2009., ❖ Television sets are not authorized in the sleeping rooms. - A ceiling fan shall be installed within the second floor sleeping room(s). ❖ The total number of beds (including cots and roll-a-ways) in hostel shall not exceed the approved number of beds as authorized on current hostel license or certificate of occupancy. Beds are always counted according to their maximum-;potential capacity* Sin rely yo s ay e Miller, M.D. Chai man *Page 12, Hostelling International HI-USA Hostel Quality Standards Effective 1 January 2009. Q:\WPFILES\Ford 1 I 1 Ocean St Hy Dec2008.doc C,2-25—"2C@09 a c 19 31 tom. Town of Barnstable Barnstable °Fz"E r°\� Board of Health &a° 2Street, Hyannis 00 Main MA 02601 i+- BAFtNS'I'AE3LE, N m 4. 1 •T V1ASS. 0 . o i639• e 2007 � A , �Fb MAC a Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi February 6, 2009 t Michael Ford, Esquire PO Box 665 West Harwich, MA 02671 RE: Sandra L. Tubman, Trustee of Ruth M. Rusher Trust 111 Ocean Street Hyannis Dear Attorney Ford: You are granted variances from 105 CMR 410.400 (CY, Minimum Square Footage, on behalf of your client, Sandra L. Tubman, Trustee of Ruth Rusher Trust, which requires ...in a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant. These bedrooms will not meet the standard minimum requirements of floor space per occupant(s) in a room. Multiple sleeping rooms will be constructed less than 80 square feet at the proposed youth hostel at 111 lij Ocean Street, Hyannis. ^� After much discussion, the Board agreed with the philosophy that due to the w temporary occupancy with a maximum stay of 14 days in aggregate, along with the desire to offer reasonable temporary housing for young visitors who stay at youth hostels, a variance should be granted. This variance is granted with the following conditions: - The rooms shall be used for temporary occupancy, The building and the bedrooms shall conform to the Hostelling International HI-USA HOSTEL QUALITY STANDARDS effective 1 January 2009. ❖ Television sets are not authorized in the sleeping rooms. A ceiling fan shall be installed within the second floor sleeping room(s). ❖ The total number of beds (including cots and roll-a-ways) in hostel shall not exceed the approved number of beds as authorized on current hostel license or certificate of occupancy. Beds are always counted according to their maximum potential capacity* Sin rely yo s ay e Mill r M.D.. Chai man *Page 12, Hostelling International HI-USA Hostel Quality Standards Effective 1 January 2009. Q:\WPFILES\Ford 111 Ocean St Hy Dec2008.doc _ Town of Barnstable Barnstable °FINE rO`y Board of Health a�Am ;�acry �^ \ j 200 Main Street, Hyannis MA 02601 , �I+ IIAFL�'4'TABLE, l a ti.4Ss. � I 039 .. �0 200% M.PD A,1 p, Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi February 6, 2009 w Michael Ford, Esquire PO Box 665 West Harwich, MA 02671 RE: Sandra L. Tubman, Trustee of Ruth M. Rusher Trust 111 Ocean Street Hyannis 5 Dear Attorney Ford: ` You are granted variances from 105 CMR 410.400 (C)', Minimum Square Footage on behalf of your client, Sandra L. Tubman, Trustee of Ruth Rusher Trust, which requires ...in a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant. These bedrooms will not meet the standard minimum requirements of floor space per occupant(s) in a room. Multiple sleeping rooms will be constructed less than 80 square feet at the proposed youth hostel at 111 41 Ocean Street, Hyannis. ;w After much discussion;the Board agreed with the philosophy that due to the w temporary occupancy with a maximum stay of 14 days in aggregate, along with the desire to offer reasonable temporary,housing for young visitors who stay at youth hostels, a variance should be granted. This variance is granted with the following conditions:° F ❖ The rooms shall be used for temporary occupancy, ❖ The building and the bedrooms shall conform to the Hostelling International HI-USA HOSTEL QUALITY STANDARDS effective 1 January 2009. Television sets are not authorized in the sleeping rooms. ❖ A ceiling fan shall be installed within the second floor sleeping room(s). ❖ The total number of beds (including cots and roll-a-ways) in hostel shall not exceed the approved number of beds as authorized on current hostel license or certificate of occupancy. Beds are always counted according to their jaye ximum potential capacity* yo s ller, M D. *Page 12, Hostelling International HI-USA Hostel Quality Standards Effective 1 January 2009. Q:\WPFILES\Ford 11 I Ocean St Hy Dec2008.doc Barnstable cF IME All-America City • anxxsrnaLE, 1639. ,• The Town of ar_WAAM rF°N10� Growth Management Department Jo Anne Miller Buntich - y_ 2007Interim Director July 29, 2009 A & E Architects 2384A Main Street Brewster, MA 02631 RE: Rusher Hosted Landscape Plan Approval, Planning Board Dear Sir: Please be advised that at the Planning Board meeting of July 27, 2009, the Board voted unanimously, 6/6 to approve the landscape plan entitled, "Proposed Site Plan, Location: r1 f,cean Str��t,-Hanni_s, MCI, prepared for Cape Cod Foundation/Trustees of R. Rusher Estate, dated 2/26/09, revised 6/10/09 for building "C" relocation and removal of garage,'and 6/15/09 for addition of landscaping to the plan, prepared by East Cape Engineering, Inc. 44 Route 28, Orleans, MA: Approval of the landscape plan by the Planning Board prior to issuance of a building permit was condition #20 of Regulatory Agreement, Rusher Trust Hostel dated October 9, 2008 Sincerely, Ellen M. Swiniarski Site Plan Review/Regulatory Review Coordinator 200 Main Street, Hyannis 508-862-4679 CC: PB Rusher RA File 367 Main Street, Hyannis, MA 02601 (o) 508-862-4678 (f) 508-862-4782 200 Main Street, Hyannis, MA 02601 (o) 508-862-4786 (f) 508-862-4784 °FINE To Town of Barnstable * Regulatory Services * * * STABLE, 9 ,M,ASS. $ Thomas F. Geiler,Director i639• ♦0 iOtFnpp►�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 June 23,2009 Memo re: Rusher Trust Hostel I I I Qcean Street,Hyannis Comparison of Regulatory Agreement and paperwork submitted with the permit application: Item 1: 3 different site plans have been submitted; I agrees with dates of the Reg.Agree. 3 different sets of elevations have been submitted; 1 agrees with the date of the Reg.Agree. There is no documentation for the other 2 sets. Items 2,4,and 25:there is no language for the suggested demolition of Bldg C Item 3:Reg. Agree.uses,"pervious";site plan of 2-20-09 uses,"paved" Items 20,34,and 37:these plans have not been submitted Item 26: expiration dates are approaching Bk 232478 Ps207' 1260 12-05-2008 a`1 01 "- x�Q �t r Barnstable a . The Town of Barnstable • sAsxs�rAsIX, • m m� MASS. Growth Management D r e t epa t '639' ale 367 Main Street,Hyannis,MA 0260 CEO MAt Office: 508-8624678 �, Patty Daley 2007 Fax: 508-862-4782 Interim Director. REGULATORY AGREEMENT Rusher Trust Hostel III OCEAN STREET, HYANNIS This regulatory agreement("Agreement')is entered by and between the applicant, Ruth M. Rusher Trust, ("Applicant"and" loper")and the Town of Barnstable("Town"),a municipal corporation, on this}+ day of ° 08 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Applicant under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; WHEREAS, this Agreement shall establish the permitted uses, densities, and traffic within the p Development, the duration of the agreement, and any other terms or conditions mutually agreed upon between the Applicant 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 Applicant is the legal owner of the property("Property")at 111 and 105 Ocean Street, Hyannis, consisting of approximately.45 acres, shown on Barnstable Assessor's Map 326 as Parcel 045, title to which is recorded in Barnstable County Registry of Deeds Book 18564 Page 234, and desires to develop the Property pursuant to a Regulatory Agreement; WHEREAS, it is anticipated that ownership of the Property will be transferred from the Ruth Rusher Trust to the Cape Cod Foundation once building permits are issued for the Project and as such the Cape Cod Foundation shall also be a signatory to this Agreement and when the term"Developer"is used herein it shall include the Cape Cod Foundation; WHEREAS,the Applicant is willing to commit itself to the development of the project substantially in o 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 WHEREAS, the Town and Applicant 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 Applicant has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; Regulatory Agreement Rusher trust Hostel i 1105 and Ili Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 208 #61260 WHEREAS, the Development is located in the Hyannis Growth Incentive Zone("Hyannis 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 Applicant has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS, the Applicant has undergone informal review by the Hyannis Main Street Waterfront Historic District on August 15 and September 19,2007; WHEREAS, the Applicant has undergone informal site plan review on September 5,2007; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS, the Applicant will require zoning relief from the use regulation schedule in the HD zoning district, more specifically referred to in Paragraph 36, below; WHEREAS, the Applicant has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on January 28, 2008; WHEREAS, the Applicant has undergone a public meeting on the Agreement application before the Town Council and received a 213rds vote approving the application on October 2, 2008; 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 Applicant and the Town do enter into this Agreement, and hereby agree and covenant as follows; The Applicant 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: f/ a. Plans entitled"Proposed Site Plan" Sheet S-1 dated 02.26.2007, and Proposed Plans A-2,A- 3, A4,A-5, and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA /b. Such other plans and plan revisions as may be required by the terms and conditions of this Agreement. The Developer proposes to renovate flour existing buildings to develop the Property as a Hostel. For the purposes of this Agreement, a Hostel is defined as a facility which provides inexpensive, overnight accommodations for travelers in dorm-style rooms with male,female, coed and family rooms. The hostel is designed to bring people together through the use of shared kitchens, bathrooms, and common areas. The four existing buildings at the Property shall be remodeled and updated to comply with applicable building and health codes. 3. A new 16 car parking area is also proposed to service the hostel (the"Development'),with 13 spaces of pervious parking and an additional three lined and available if the need arises. C4.)As shown on the plans entitled, proposed Plans A-2,A-3, A4, A-5, and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA Hostel shall have a maximum of 13 rooms Regulatory Agreement Rusher Trust Hostel 2 105 and 111 Ocean Street,Hyannis October 2,2008 _ Cl - : Bk 23298 Pg 209 #61260 L with a maximum of 47 occupants, including Hostel staff and children under 18. The maximum number of occupants shall be posted in the area of the premises where guests register. 5. When open,the Hostel shall have a minimum number of one Hostel staff on the premises on a 24 hour basis. 6. Hostel visits shall be limited in duration. Each individual Hostel visitor shall be limited to not more than fourteen (14)aggregate nights in a one year period. The Hostel management shall keep a log containing the names of visitors or groups of visitors occupying the Hostel. The log shall be made available for inspection by the Town Board of Health and/or the Town Manager's office upon request, but in no case shall such log be made available later than five(5) business days after receipt of a written request by the Town. 7. The Hostel shall operate on a seasonal basis and shall not receive visitors between November 16'h through April 14th of each year, but may be open at its option seven(7)days a week from April 151h through November 15`h in any one year. 8. Separate sleeping accommodations shall be provided for visiting boys and girls under the age of 18. This shall not apply to a family sharing a discrete room. 9. The preparation of food shall be restricted to the kitchen and a designated area for outdoor grilling and dining.The management shall ensure that food preparation does not occur in sleeping rooms. 10. The Hostel management shall clearly post and shall enforce a quiet time between 11 pm and 7 am. 11. Smoking shall not be allowed. Outdoor smoking on the premises shall only be permitted in designated areas with proper receptacles. 12. The possession and/or consumption of alcoholic beverages or illegal substances shall be prohibited. The management shall take steps to remove anyone from the premises who has had too much to drink or is disruptive. 13. Animals,with the exception of service animals assisting persons with disabilities, shall be prohibited. 14. The four habitable buildings shall include a full emergency sprinkler system as approved by the Hyannis Fire District. 15. The curb cut on Ocean Street shall be configured on Ocean Street so it only allows for"right turn in, right turn out"and Developer shall install a"No Left Turn"sign. 16. Developer shall construct a Passive Stormwater Maintenance and Infiltration System to service the Development. 17. Developer will provide a bicycle rack at the Property. 18, Developer and its successor(s)shall maintain all landscaping and drainage facilities during the term of this agreement for the period for which the development rights granted hereunder continue to be exercised. 19. Upon completion of all work, a registered engineer or 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(Barnstable Code Section 240- 104(G). This document shall be submitted before the issuance of the final certificate of occupancy. 20 Prior to the issuance of any building permit,the Developer shall submit a landscape plan which shall be reviewed and approved by the Planning Board. 7 Regulatory Agreement Rusher Trust Hostel 3 105 and 111 Ocean Street,Hyannis October 2,2008 f , ;. Bk 23298 Pg 210 #61260 21, The Developer shall apply or cause its approved operator to apply for and receive a yearly license for the operation of the Hostel from the Town Manager or his designee, unless the Town Manager determines that there is an alternative adequate licensing procedure.The Developer agrees that for the first year the fee for said license shall be$1,000 per year. Thereafter,the fee shall be determined pursuant to the Town's fee-setting procedures.A denial, suspension or revocation of a license by the Town Manager or his designee shall result in the closure of Hostel operation on the premises, subject to all rights of appeal. No occupancy permit shall be issued until the Developer demonstrates that the premises are duly licensed. 22. Developer shall permit or cause its approved operator to permit the inspection of the premises by town staff, including but not limited to health, building and fire safety personnel. 23. Upon notice and hearing, the Town Manager reserves the right to terminate Hostel operations if necessary to protect the public health, safety or welfare. 24. No change in the licensed operator of the premises shall be permitted without the prior written approval of the Town Manager or his designee. 25. Any reconfiguration of the interior of the premises which alters the number of rooms available for guests shall receive the prior written approval of the Planning Board, who may approve such change administratively. 026The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of two years from the effective date of the Agreement, provided, however, that prior to the expiration of said one year period the Applicant 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 Applicant estimates that construction will commence on or about November, 2008 and will be completed on or about November,2009. 27, Commencing in the third year of operation,'the Developer has agreed to contribute to public capital facilities to serve the proposed development and the Town by making a yearly payment in lieu of taxes. The initial payment shall be$5,355.40, which amount shall be increased by 2'/Z per cent per year. No license(permit)shall issue for the third year of operation until the initial payment constituting a contribution to public capital facilities has been received by the Town. The Town Manager shall make provision for a proportionate share of said payment to be paid to the Hyannis Fire District. 28. Any lighting for the development shall be contained on-site, shall be down cast and shall not contribute to light pollution of the area. V/29. All landscaping within the Development shall be low water use and shall minimize the use of fertilizers and pesticides in keeping with the Hyannis Village Zoning Districts Design and Infrastructure Plan. 30. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project. 31. Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible. 32. 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)sewer permits and water permits. 33. Exterior construction impacts shall be minimized and construction shall be limited to the hours of 7:30 a.m.to 6:00 p.m.weekdays, and 8:30 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. Regulatory Agreement Rusher Trust Hostel 4 105 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 211 #61260 4-�4�4. o 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. nk. eveloper has represented to the Board that it intends to enter into contract with the Eastern New England Council Hostelling International-American Youth Hostel, Inc. to operate the Hostel. Prior to the issuance of any occupancy permit for the premises, Developer shall submit a copy of said contract to the Planning Board for their determination that the contract incorporates the terms and conditions of this regulatory agreement. All operators shall be bound by the terms and conditions of this Agreement and the Developer shall incorporate this Agreement by reference into any contract it enters into for the operation of the premises and said contract shall require that the operator comply with the terms of this Agreement. 36. Town hereby grants a waiver from the following zoning restrictions: permitted or conditional use in the HD zoning district(Hostel), Section 240-24.1.7 of the Barnstable Code and reduction in onsite parking requirements, Section 240-24.1.10(4)(b) The Developer shall submit revised plans which address the comments submitted by the Site Plan Review Committee dated Seote�-2_0-07,Ao the extent applicable,which plans shall be reviewed and approved administratively b the he Building Commissiotse� IN WITNESS WHEREOF,the parties have hereunto caused this Agreement to be executed, on the day and year first above written. B Dated this day of 2008. Town of,Barnstable Developer By: By: -A Cape Cod Fou Baton By i Developer Regulatory Agreement Rusher Trust Hostel 5 105 and 111 Ocean Street,Hyannis October 2,2008 BARNSTABLE REGISTRY OF DEEDS Town of Barnstable 9 MRNST&SBL. Growth Management Department. i639• Regulatory Review 200 Main Street,Hyannis,MA 02601 `508-862-4685 fax 508-862-4725 Initial Site Plan Review Issues & Concerns Applicant: Ruth M.Rusher Trust SPR#: 043-07 Property Address: 111 Ocean Street,Hyannis,MA Informal for Map/Parcel: Map 326,Parcel 045 Regulatory Agr. Zoning: Hyannis Village Harbor District Hyannis Historic Main St. District Proposal: Change of use of the site to a hostel with 47 beds. Remodeling and updating of three existing residential buildings on the site with the addition of approximately 950 s.f.to one existing structure;conversion of an existing 400 s.f. garage to a 2-bedroom cottage;and construction of a 10-space parking area. This proposal of pla d :�s26 07 and A-1 through A-6 dated 6-26-07 were reviewe a the September 5, 2007 site plan')review staff meeting and the following corer rnen x ere • Two sets of access/egress stairways that are adequately spaced_apart from each other will need to be provided from any level that is not at the ground floor. • Parking for this use will need to have a plan depicting a paved parking lot with drainage and drainage calculations. • A utility plan will need to be provided including, but not limited to, the tie-in of structures. • The Fire Department has classified the hostel use as R1 which will require all the structures to be sprinkled. • Clarification is requested as to the intended use of the existing garage which will not be converted to Building D. • State Health Code Art. 105 CMR410.400B requires 50 s.f. per person in each bedroom. In addition, a total habitable space in the building (s.f)/# of occupants ratio is applicable: 150 s.f./for the I"person and 100 s.f. for each additional person. Application for a BOH variance may possibly be made. • It appears that the walkway to the handicap ramp and handicap ramp do not coincide.. • Confirmation that each proposed bed and bunk bed clears the swing of doors needs to be made. • The Building Commissioner has determined that the kitchen must be commercial grade and therefore vented. This may impact what is proposed on the level above. " • Building B first floor plan depicts conflicting door placements at the rear of the property entrance. • Easing of the turning radius off Ocean Street onto the property will need to be provided for fire apparatus. • The gate at the Old Colony Road driveway is problematic for fire department access. • A lighting plan for evening hours should be provided. • Project is subject to DIP review and Hyannis Main Street Waterfront Historic District Commission approval. Town of Barnstable THE Tp�� 200 Main Street, Hyannis, Massachusetts 02601 NP �� B^PNST^BLE•p= Growth Management Department JoAnne Buntich;Interim Director 9 MASS. W `bA s639. �� 367 Main Street Hyannis, Massachusetts 02601 rED MA'S A , Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us February 26, 2009 Ruth M. Rusher Trust c/o Attorney Michael D. Ford P. O. Box 665 West Harwich, MA 02671 Reference: Site Plan Review # 043-07 Ruth M. Rusher Trust Informal Review, Regulatory Agreement 111 &, 115B Ocean, Hyannis, MA Map 326,Parcel 045 & Map 266, Parcel 006001 Proposal: Change of use of the site to a hostel with 47 beds. Remodeling and updating of three existing residential buildings on the site with the addition of approximately 950 s.f. to one existing structure; conversion of an existing 400 s.f. garage to a 2-bedroom cottage; and construction of a 10-space parking area. Dear Sir/Madam: Please be advised that subsequent to the informal site plan review committee meeting of September 5, 2007 the above Regulatory Agreement received an administrative approval. Said.regulatory agreement however, contains Condition#37 which requires the Developer to submit revised plans addressing comments submitted by the Site Plan Review Committee in report dated September 5, 2007 to the extent applicable, which plans are be reviewed and approved administratively by the Building Commissioner. This approval is issued for the purpose of allowing the applicant to move forward with the building permit application and is subject to the-following: • Approval is based upon plans entitled, "Proposed Site Plan" Sheet S-1 dated 02/26/07, and Proposed Plans A-2, A-3, A-4, A-5 and A-6 dated 06/02/07 prepared by A&E Architects, 15 Cape Lane, Brewster, MA. • Additional or revised approvable plans if not already provided and approved,-may be required which depict the following for permitting purposes: Paved parking lot with drainage and calculations Utility plan including the depiction of the tie-in of structures Easing of the turn radius off Ocean Street onto the property for fire equipment. Lighting plan for evening hours. Fire Department access of gate at the Old Colony Road driveway to be provided. Compliance with conditions of Hyannis Main Street Waterfront Historic District Commission approval. • Applicant must obtain all other applicable permits, licenses and approvals required. • Upon completion of all work, a registered engineer or 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 (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen M. Swimarski, SPR Coordinator CC: Tom Perry,Building Commissioner SPR File Planning Board Rusher RA File Hyannis Main Street Historic I Town of Barnstable P�oFIHE'° 200 Main Street, Hyannis, Massachusetts 02601 BARNSPAELE. Growth Management Department JoAnne Buntich Interim Director y MASS. g q,A i639. 367 Main Street Hyannis, Massachusetts 02601 rED ,�A Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us February 26, 2009 Ruth M. Rusher Trust c/o Attorney Michael D. Ford P. O. Box 665 West Harwich, MA 02671 Reference: Site Plan Review# 043-07 Ruth M. Rusher Trust Informal Review,Regulatory Agreement 111 & 115B Ocean, Hyannis, MA Map 326,Parcel 045 & Map 266, Parcel 006001 ` Proposal: Change of use of the site to a hostel with 47 beds. Remodeling and updating of three existing residential buildings on the site with the addition of approximately 950 s.f. to one existing structure; conversion of an existing 400 s.f. garage to a 2-bedroom cottage; and construction of a 10-space parking area. Dear Sir/Madam: Please be advised that.subsequent to the informal site plan review committee meeting of September 5, 2007 the above Regulatory Agreement received an administrative approval. Said regulatory agreement however, contains Condition#37 which requires the Developer to submit revised plans addressing comments submitted by the Site Plan Review Committee in report dated September 5, 2007 to the extent applicable, which plans are be reviewed and approved administratively by the Building Commissioner. This approval is issued for the purpose of allowing the applicant to move forward with the building permit application and is subject to the following: • Approval is based upon plans entitled, "Proposed Site Plan" Sheet S-1 dated 02/26/07, and Proposed Plans A-2, A-3, A-4, A-5 and A-6 dated 06/02/07 prepared by A&E Architects, 15 Cape Lane,Brewster, MA. • Additional or revised approvable plans if not already provided and approved, may be required which depict the following for permitting purposes: Paved parking lot with drainage and calculations Utility plan including the depiction of the tie-in of structures Easing of the turn radius off Ocean Street onto the property for fire equipment. Lighting plan for evening hours. Fire Department access of gate at the Old Colony Road driveway to be provided. Compliance with conditions of Hyannis Main Street Waterfront Historic District Commission approval. • Applicant must obtain all other applicable permits, licenses and approvals required. • Upon completion of all work, a registered engineer or 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 (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, C � Ellen M. Swiniarski, SPR Coordinator CC: Tom Perry,Building Commissioner SPR File Planning Board Rusher RA File Hyannis Main Street Historic IL S Town of Barnstable THE Tp�� 200 Main Street, Hyannis, Massachusetts 02601 1 BARNSI'ABL6. = Growth Management Department JoAnne Buntich, Interim Director 9 MASS. 1639. 367 Main Street, Hyannis, Massachusetts 02601 TED MA'S A Phone(508)862-47.85 Fax(508)862-4725 www.town.barnstable.ma.us February 26, 2009 Ruth M. Rusher Trust c/o Attorney Michael D. Ford P. O. Box 665 West Harwich, MA 02671 Reference: Site Plan Review # 043-07 Ruth M. Rusher Trust Informal Review, Regulatory Agreement 111 & 115B Ocean, Hyannis, MA Map 326,Parcel 045 & Map 266,Parcel 006001 Proposal: Change of use of the site to a hostel with 47 beds. Remodeling and updating of three existing residential buildings on the site with the addition of approximately 950 s.f. to one existing structure; conversion of an existing 400 s.f. garage to a 2-bedroom cottage; and construction of a 10-space parking area. Dear Sir/Madam: Please be advised that subsequent to the informal site plan review committee meeting of September 5, 2007 the above Regulatory Agreement received an administrative approval. Said regulatory agreement however, contains Condition#37 which requires the Developer to submit revised plans addressing comments submitted by the Site Plan Review Committee in report dated September 5, 2007 to the extent applicable, which plans are be reviewed and approved administratively by the Building Commissioner. This approval is issued for the purpose of allowing the applicant to move forward with the building permit application and is subject to the.following: • Approval is based upon plans entitled, "Proposed Site Plan" Sheet S-1 dated 02/26/07, and Proposed Plans A-2, A-3, A-4, A-5 and A-6 dated 06/02/07 prepared by A&E Architects, 15 Cape Lane, Brewster, MA. • Additional or revised approvable plans if not already provided and approved, may be required which depict the following for permitting purposes: Paved parking lot with drainage and calculations Utility plan including the depiction of the tie-in of structures Easing of the turn radius off Ocean Street onto the property for fire equipment. Lighting plan for evening hours. -Fire Department access of gate at the Old Colony Road driveway to be provided. Compliance with conditions of Hyannis Main Street Waterfront Historic District Commission approval. • Applicant must obtain all other applicable permits, licenses and approvals required. • Upon completion of all work, a registered engineer or 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 (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen M. Swiniarski, SPR Coordinator CC: Tom Perry,Building Commissioner SPR File Planning Board Rusher RA File Hyannis Main Street Historic `KE Town of Barnstable ml Growth Management Department i63¢ °jFO MAC° Regulatory Review - 200 Main Street,Hyannis,MA 02601 508-862-4685 fax 508-862-4725 Initial Site Plan Review Issues & Concerns Applicant: Ruth M.Rusher Trust 9I'T11—F61` Tlq SPR#: 043-07 / Property Address: I 1 I Ocean Street,Hyannis,MA Informal for Map/Parcel: Map 326,Parcel 045 Regulatory Agr. Zoning: Hyannis Village Harbor District 10 st P' , Hyannis Historic Main St. District Proposal: Change of use of the site to a hostel with 47 bects. Remodeling and updating of three existing residential buildings on the site with'(,o,1 /` j the addition of approximately 950 s.f.to one existing structure;conversion of an. existing 400 s.f.garage to a 2-bedroom cottage;and construction of a 10-space -, parking area. This proposal reviewed at the Septembers, 2007 site plan review staff meeting and PROVIDE DATE OF PLANS REVIEWED. The following comments were offered: \• Two sets of access/egress stairways that are adequately spaced apart from each other will need to be provided from any level that is not at the ground floor. Parking for this use will need to have a plan depicting a pored parking lot with • V drainage and drainage calculations. Tmm ? • A utid plan will need to be provided including, but not limited to,the tie-in of structures. o The Fire Department has classified the hostel use as R1 which will require all the structures to be sprinkled. 1 t4 . �e Clarification is requested as to the intended use of the existing garage which will not be converted to Building D. State Health Code Art. 105 CMR410.400B requires 50 s.f.per person in each bedroom. In addition,a total habitable space in the building (s.£)14 of occupants \ d ratio is applicable: 150 s.f./for the l st person and 100 s.f, for each additional 4 rj v® SP person. Application for a BOH variance may possibly be made. . `G ® It appears that the walkway to the handicap ramp and handicap ramp do not coincide. 1. ��• Confirmation that each proposed bed and bunk bed clears the swing of doors needs to be made. ® The Building Commissioner has determined that the kitchen must be commercial y grade and therefore vented. This may impact what is proposed on the level above. • Building B first floor plan depicts conflicting door placements at the rear-of the` property entrance. /1 • .'Easing of the turning ra�iu off" cean tree''onto property wild eeato—be `, (( 'provided for fire apparatus. 7 • ,` The ate at the.Old Colon Road dr-vewa -isu•roiSlematic fob fire,de artmen '3 • A lighting plan for evening hours should be provided. • Project is subject to QIP review and Hyannis Main Street Waterfront Historic 1 District Commission approval. Blk 23298 P 920 .. 1260 12-05-2008 & 1 2 r P . '0 Barnstable The Town of Barnstable URNSTABM So fKAM Growth Management Department p ►'� 367 Main Street,Hyannis,MA 02601 Office: 508-8624678 Patty Daley 2007 Fax: 508-862-4782 Interim Director REGULATORY AGREEMENT Rusher Trust Hostel 111 OCEAN STREET,HYANNIS This regulatory agreement("Agreemenf)is entered by and between the applicant, Ruth M. Rusher Trust, ("Ap iicant"and" loper")and the Town of Barnstable("Town"),a municipal corporation,on this 4 day of s 08 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Applicant under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; 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 Applicant 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 Applicant is the legal owner of the property("Property")at 111 and 105 Ocean Street, Hyannis, consisting of approximately.45 acres,shown on Barnstable Assessor's Map 326 as Parcel 045, title to which is recorded in Barnstable County Registry of Deeds Book 18564 Page 234,and desires to develop the Property pursuant to a Regulatory Agreement; WHEREAS, it is anticipated that ownership of the Property will be transferred from the Ruth Rusher Trust to the Cape Cod Foundation once building permits are issued for the Project and as such the Cape Cod Foundation shall also be a signatory to this Agreement and when the term"Developer"is used herein it shall include the Cape Cod Foundation; WHEREAS,the Applicant 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 WHEREAS, the Town and Applicant 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 Applicant has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; Regulatory Agreement Rusher Trust Hostel 1 105 and 11 i Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 208 #61260 ` WHEREAS,the Development is located in the Hyannis Growth Incentive Zone("Hyannis GIZ")as approved b the Cape Cod Commission PP Y P b decision dated y Apnt 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 Applicant has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS,the Applicant has undergone informal review by the Hyannis Main Street Waterfront Historic District on August 15 and September 19,2007;. WHEREAS, the Applicant has undergone informal site plan review on September 5,2007; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS,the Applicant will require zoning relief from the use regulation schedule in the HD zoning district, more specifically referred to in Paragraph 36, below; WHEREAS,the Applicant has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on January 28,2008; WHEREAS, the Applicant has undergone a public meeting on the Agreement application before the Town Council and received a 21.3rds vote approving the application on October 2, 2008; 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 Applicant and the Town do enter into this Agreement, and hereby agree and covenant as follows; 1. The Applicant 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 Site Plan"Sheet S-1 dated 02.26.2007, and Proposed Plans A-2,A- 3,A4,A-5,and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA b. Such other plans and plan revisions as may be required by the terms and conditions of this Agreement. 2. The Developer proposes to renovate four existing buildings to develop the Property as a Hostel. For the purposes of this Agreement,a Hostel is defined as a facility which provides inexpensive,overnight accommodations for travelers in dorm-style rooms with male,female, coed and family rooms. The hostel is designed to bring people together through the use of shared kitchens;bathrooms,and common areas. The four existing buildings at the Property shall be remodeled and updated to comply with applicable building and health codes. 3. A new 16 car parking area is also proposed to service the hostel(the"Development"),with 13 spaces of pervious parking and an additional three lined and available if the need arises.' 4. As shown on the plans entitled, proposed Plans A-2,A-3,A4,A-5,and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA Hostel shall have a maximum of 13 rooms Regulatory Agreement Rusher Trust Hostel 2 105 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 209 #61260 with a maximum of 47 occupants, including Hostel staff and children under 18. The maximum number of occupants shall be posted in the area of the premises where guests register. 5. When open,the Hostel shall have a minimum number of one Hostel staff on the premises on a 24 hour basis. 6. Hostel visits shall be limited in duration. Each individual Hostel visitor shall be limited to not more than fourteen(14)aggregate nights in a one year period. The Hostel management shall keep a log containing the names of visitors or groups of visitors occupying the Hostel. The log shall be made available for inspection by the Town Board of Health and/or the Town Manager's office upon request, but in no case shall such log be made available later than five(5)business days after receipt of a written request by the Town. 7. The Hostel shall operate on a seasonal basis and shall not receive visitors between November 161h through April 14t^of each year, but may be open at its option seven(7)days a week from April 15th through November 15t'in any one year. 8. Separate sleeping accommodations shall be provided for visiting boys and girls under the age of 18. This shall not apply to a family sharing a discrete room. 9. The preparation of food shall be restricted to the kitchen and a designated area for r outdoor gnlling and dining.The management shall ensure that food preparation does not occur in sleeping rooms. 10. The Hostel management shall clearly post and shall enforce a quiet time between 11 pm and 7 am. 11. Smoking shall not be allowed. Outdoor smoking on the premises shall only be permitted in designated areas with proper receptacles. 12. The possession and/or consumption of alcoholic beverages or illegal substances shall be prohibited. The management shall take steps to remove anyone-from the premises who has had too much to drink or is disruptive. 13. Animals,with the exception of service animals assisting persons with disabilities,shall be prohibited. 14. The four habitable buildings shall include a full emergency sprinkler system as approved by the Hyannis Fire District.. 15. The curb cut on Ocean Street shall be configured on Ocean Street so it only allows for"right turn in, right turn out"and Developer shall install a"No Left Turn"sign. 16. Developer shall construct a Passive-Stormwater Maintenance and Infiltration System to service the Development 17. Developer will provide a bicycle rack at the Property. 18. Developer and its successor(s)shall maintain all landscaping and drainage facilities during the term of this agreement for the period for which the development rights granted hereunder continue to be exercised. 19. Upon completion of all work, a registered engineer or 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(Barnstable Code Section 240- 104(G). This document shall be submitted before the issuance of the final certificate of occupancy. 20. Prior to the issuance of any building permit,the Developer shall submit a landscape plan which shall be reviewed and approved by the Planning Board. Regulatory Agreement Rusher Trust Hostel 3 105 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 210 #61260 21. The Developer shall apply or cause its approved operator to apply for and receive a yearly license for the operation of the Hostel from the Town Manager or his designee, unless the Town Manager determines that there is an alternative adequate licensing procedure.The Developer agrees that for the first year the fee for said license shall be$1,000 per year. Thereafter,the fee shall be determined pursuant to the Town's fee-setting procedures.A denial, suspension or revocation of a license by the Town Manager or his designee shall result in the closure of Hostel operation on the premises, subject to all rights of appeal. No occupancy permit shall be issued until the Developer demonstrates that the premises are duly licensed. 22. Developer shall permit or cause its approved operator to permit the inspection of the premises by town staff, including but not limited to health, building and fire safety personnel 23. Upon notice and hearing,the Town Manager reserves the right to terminate Hostel operations if necessary to protect the public health, safety or welfare. 24. No change in the licensed operator of the premises shall be permitted without the prior,written approval of the Town Manager or his designee. 25. Any reconfiguration of the interior of the premises which alters the number of rooms available for guests shall receive the prior written approval of the Planning Board,who may approve such change administratively. 26. The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of two years from the effective date of the Agreement, provided, however, that prior to the expiration of said one year period the Applicant 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 Applicant estimates that construction will commence on or about November, 2008 and will be completed on or about November,2009. 27. Commencing in the third year of operation,the Developer has agreed to contribute to public capital facilities to serve the proposed development and the Town by making a yearly payment in lieu of taxes.The initial payment shall be$5,355.40,which amount shall be increased by 2%per cent per year. No license(permit)shall issue for the third year of operation until the initial payment constituting a contribution to public capital facilities has been received by the Town. The Town Manager shall make provision for a proportionate share of said payment to be paid to the Hyannis Fire District. 28. Any lighting for the development shall be contained on-site,shall be down cast and shall not contribute to light pollution of the area. 29. All landscaping within,the Development shall be water use and shall minimize the use of fertilizers and pesticides in keeping with the Hyannis Village Zoning Districts Design and Infrastructure Plan. 30. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project. 31. Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible. 32. 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)sewer permits and water permits. 33. Exterior construction impacts shall be minimized and construction shall be limited to the hours of 7:30 a.m. to 6:00 p.m.weekdays, and 8:30 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. Regulatory Agreement Rusher Trust Hostel 4 106 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 211 #61260 34. 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. 35. Developer has represented to the Board that it intends to enter into contract with the Eastern New England Council Hostelling International—American Youth Hostel, Inc. to operate the Hostel. Prior to the issuance of any occupancy permit for the premises, Developer shall submit a copy of said contract to the Planning Board for their determination that the contract incorporates the terms and conditions of this regulatory agreement.All operators shall be bound by the terms and conditions of this Agreement and the Developer shall incorporate this Agreement by reference into any contract it enters into for the operation of the premises and said contract shall require that the operator comply with the terms of this Agreement. 36. Town hereby grants a waiver from the following zoning restrictions: permitted or conditional use in the HD zoning district(Hostel), Section 240-24.1.7 of the Barnstable Code and reduction in onsite parking requirements, Section 240-24.1.10(4)(b) 37. The Developer shall submit revised plans which address the comments submitted by the Site Plan Review Committee dated September 5,2007,to the extent applicable,which plans shall be reviewed and approved administratively by the Building Commissioner. 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 U��d�� 2008. Town of,Barnstable Developer By: By Cape Cod Fou dat-ion By 7 ' Developer Regulatory Agreement Rusher Trust Hostel 105 and 111 Ocean Street,Hyannis 5 October 2,2008 BARNSTABLE REGISTRY OF DEEDS 4i-EARCI]ITECTS BrewsleMMA026311R(6A) Residential Commercial 508.896.0051 phone 508.896.6199 f- Sustainable Design mr upecoddesigner.com CODE ANALYSIS REVIEW Ruth M.Rusher Trust Proposed Hostel 111 Ocean Street Hyannis,MA (Building BUILDING CODES Sixth Edition 780 CMR Massachusetts State Building Code GENERAL BUILDING LIMITATIONS (Table 503) Proposed Use Group: Residential,R-1 Boarding House Change of Use: Existing Use Group: Residential R-3 Single Family BUILDING AREAS First Floor: Second Floor: Attic Floor: 1115 SF 1115 SF 300 SF Total: 2530 SF BUILDING AREA USE GROUP 4800 SF SPRINKLER INCREASE 4800 SF PERIMETER INCREASE 768 SF TOTAL ALLOWABLE AREA INCREASE PER FLOOR 5568 SF BUILDING HEIGHT MA)fflMUM BUILDING HGT:2 Stories/35 FT. MAXIMUM NUMBER OF FLRS:1+1 ACTUAL:2%2 Stories/29 FT. CONSTRUCTION TYPE(Table 602) CONSTRUCTION TYPE 5B—COMBUSTIBLE MIXED USES(Table 313.1.2) A-3 Common Dining/Kitchen R-1 Boarding House Separation Method: 2-Hour Rated Fire Separation Assembly Exception:Automatic Sprinkler System—reduce one hour Building Volume: 19,940 CUFT Section 116.0 is NOT applicable. FIRE SEPARATION(Table 602.0) Fire Area Separation Section 709.2 EXTERIOR WALLS(Table 705.2) North 651+South 5'+ East 171+ West 1201+ I PEFJMETER CALCULATIONS TOTAL PERIMETER 157 LF PERIMETER OF FRONTAGE 25 LF PERIMETER OF FRONTAGE TO TOTAL 16.0% PERCENT OVER 25% REQUIRED 8% FLOOR LOADING (Table 1606.1) First: 40 PSF Second:40 PSF Attic:40 PSF OCCUPANCY LOAD(Sec..1008.1) First Floor: Second Floor: Total Area: Actual: 2 2 4 Total: 12 Required EXIT Signs(Section 1023.0) YES Required Egress Lighting(Section 1024.0) YES Is Sprinkler System Required? YES Fire Protective Signaling System(Section 917.0) NO Automatic Fire Detection Systems(Section 919.3.2) YES Is the Building required to be Accessible(521 CMR AAB)? YES + ARCHITECTS B3ew5 er�ain Street MA 02631(Rt.6A) Residential Commercial 508.896.0051 phone 508.896.6199 fax - Sustainable Design www.CapeCoddesigner.com Town of Barnstable Building Department. RE: Ruth M. Rusher Trust Proposed Hostel 111 Ocean Street Hyannis, MA 02601 Response to site plan review comments dated 09/05/07: 1. Access/egress stairs are as remote as possible between 15t and 2nd floor. We can rebuild stairs from 2nd floor to attic to make them more remote. The entire building will be sprinkled?'Tradeoff? 2. Why do we need to have paved parking?Where is that required by Zoning?We are concerned about the ecological impact on Hyannis Harbor and want to handle all stormwater on-site by utilizing pervious paving. Passive stormwater plan with calculations is required by the Regulatory Agreement and will be prepared by Eastcape Engineering. 3. Utility plan will completed by Eastcape Engineering. 4. All buildings will be sprinkled 13R. 5. The extra garage (not Building D)will be for Hostel storage ie furniture, etc.' 6. Board of Health variance received at 12/09/2008 meeting. 7. Walkway and ramp coincide. See updated drawings. 8. Beds will be relocated. See updated drawings. 9. Yes, commercial kitchen will be properly vented. 10. Not sure? 11. We will change this radius upon meeting with.Hyannis Fire Department. 12. The gate will be removed. 13. Lighting plan forthcoming. 14. According to Regulatory Review process Main Street Waterfront Historic District and DIP review has been conducted. We have presented the project to the Historic and worked extensively with Growth Management staff in preparing the Regulatory Agreement. �pTHE 1p,�, Town of Barnstable Regulatory Services • anxxsTnsLE, 9 MASS. $ Thomas F. Geiler,Director Qje 1639. �0 rEc ra 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 3, 2009 A& E Architects Mr. Robert Evans 2384 A Main Street Brewster, MA 02631 Re: 111 Ocean St., Hyannis, MA Dear Mr. Evans, This letter will confirm our recent conversation regarding the above referenced property. As long as the application is clocked into our office by February 27, 2009, the project will be able to proceed under the 61h edition of the building code and the existing stairs (item 4 of your letter) will be able to remain as long as your P.E. determines they are safe. As is standard practice, the issuance of the permit requires all necessary supporting documentation (e.g. Board of Health decision, etc.) and conformance with the 61h edition (e.g. item 5 of your letter and table 705.2 for all buildings on site, etc). If you have any questions, please do not hesitate to call. Sincerely, Paul Roma Local Inspector I - Massachusetts Department of Environmental Protection =�c` Bureau of Waste Prevention• Air Quality 100084540 �• Decal Number BWP ACC 06 Notification Prior to Construction or Demolition IWhenfillingout A. Applicability forms on the computer,use only the tab key A Construction or Demolition operation of an industrial, commercial, or institutional building,or to move your residential building with 20 or more units is regulated by the Department of Environmental Protection cursor-do not (DEP), Bureau of Waste Prevention -Air Quality Control Regulations 310 CMR 7.09. Notification of use the return key. Construction or Demolition operations is required under 310 CMR 7.09 (2)ten (10)days prior to any work being performed. The following information is required pursuant to 310 CMR 7.09. B. General Project Description 1. a. Is this facility fee exempt-city,town, district, municipal housing authority, owner-occupied Instructions residence of four units or less?❑Yes .Z No 1.All sections of b. Provide blanket decal number if applicable: Blanket Decal Number this form must be completed in order 2 Facilit Information: to comply with the y Department of RUSHER HOSTEL Environmental Protection a.Name notification 105-111 OCEAN STREET requirements of b.Address 310 CMR 7.09 MA 02601 Brewster c.CitvfTown d.State e.ZiD Code 5088960051 (l f.Tele hone Number area code and extension E-mail Address(optional) 4185 1 3 h.Size of Facility in Square Feet i.Number of Floors j.Was the facility built prior to 1980? Q Yes ❑ No k. Describe the current or prior use of the facility: CURRENT: UNUSED,VACANT PROPOSED: 3 BLDG HOSTEL I. Is the facility a residential facility? Yes ® No ®� 1 ®° m. If yes, how many units? Number of units, ° 3. Facility Owner: N CAPE COD FOUNDATION ®o a.Name ®° 259 WILLOW STREET ® b.Address YARMOUTHPORT MA � 02675 (D c.Cftap_wn at_ Zip Code ° 5087903040 f.Telephone Number area code and extension) o.E-mail Address(optional ®D DEBORAH RUHE ®Q h.Onsite Manager Name ® agO6.doc-10/02 BWP AQ 06-Page 1,of 3 Massachusetts Department of Environmental Protection Bureau of Waste Prevention • Air Quality 1��100084540 _ BWP a w ®A Decal Number Notification Prior to Construction or Demolition General Statement:If B. General Projectp Description Cont. IL asbestos is found during a 4. General Contractor: Construction or Demolition A+E ARCHITECTS BUILDERS operation,all responsible parties a.Name must comply with 12384 A MAIN STREET 310 CMR 7.00, b.Address and Chapter gREWSTER MA 02631 -� Chapterer 21 21 E of the General Laws of c.Cit /Town d.State e.Zi Code the Commonwealth. 5088960051I lbob@capecoddesigner.com This would include,but would not be f.Telephone Number area code and extension .E-mail Address(o tional limited to,filing an IROBERT EVANS asbestos removal h.On-site Manager Name notification with the Department and/or a notice of release/threat of release of a C. General Construction or Demolition Description hazardous substance to the 1. Construction or demolition contractor: Department,if applicable. A+E ARCHITECTS BUILDERS a.Name 2384 A MAIN STREET b.Address BREWSTER MA �� 02631 c.City/Town d.State e.Zip Code 5088960051 bob@capecoddesigner.com f.Telephone Number area code and extension E-mail Address(optional) ROBERT EVANS h.On-site Manager Name 2. On-Site Supervisor: . ROBERT EVANS On-Site Supervisor Name 3. Is the entire facility to be demolished? ® 'Yes ✓C] No ®N �0 4. Describe the area(s)to be demolished: ®o INTERIOR GUT OF BUILDING A, BLDG D DEMO a ®N ®0 �0 5. If this is a construction project, describe the building(s)or addition(s)to be constructed: ®T ADDITION TO BLDG A,NEW BUILDING AT BLDG D FOUND ®0 0 ®d ®Q ag06.doc•10/02 BWP AQ 06•Page 2 of 3 yaw Massachusetts Department of Environmental Protection Bureau of Waste Prevention • Air Quality 1100084540 ,�. BWP AQ 06 Decal Number Notification Prior to Construction or Demolition C. General Construction or Demolition Description (cont.) 6. a. If this is a demolition project, were the structure(s) surveyed for the presence of asbestos containing material (ACM)? Q Yes ❑✓ No If yes, who conducted the survey? b.Survevor Name c.Division of Occupational Safety Certification Number `611/2009 � 5/1/2010 7. Construction or Demolition: a.Start Date(mm/ddlyyyy) b.End Date(mm/dd/yyyy) 8. a. For demolition and construction projects, indicate dust suppression techniques to be used: ❑ seeding ❑ paving b. If other, P specify: ecifY [✓� wetting ❑ shrouding Q covering ❑ other 9. -For Emergency Demolition Operations, who is the DEP official who evaluated the emergency? a.Name of DEP Official b.Title c.Date mm/dd/ of Authorization d.DEP Waiver Number D. Certification ®" I certify that 1-have examined the IROBERTEVANS ®o above and that to the best of my a.Print Name ®o knowledge it''is true and complete. Robert Evans The signature below subjects the b.Authorized Signature N signer to the general statutes CONSTRUCTION SUPERVISOR ®o regarding a false and misleading c�osion/�i�ie O statement(s). A+E ARCHITECTS BUILDERS, ® d.Representing 02/13/2009 ®co e.Date(mm/dd/yyyy) 0 ®a ®Q ® ag06.doc•10/02 BWP AQ 06•Page 3 of 3�+ a JUL 20-2009 MON 02 02 PM P. 002 EAR CHITECTS PD8—d-MAo2631(Rt.6A) Residential Commercial soa.e9eaieu iax EIVIENT 8ustvinable baelgn Www.cepeco0eeelgner.com , GR0W1H MAWOG -To: JoAnne Buntich, Director, Growth Management _ From: Alison Alessi,A+E Architects, Inc. RE: Rusher Hostel Landscape Plan CC: Mike Ford, Martha Ramsey Memorandum w Please see the following answers regarding the Landscape Plan for the,Rusher Hostel, 111 Ocean Street, Hyannis. L Schedule of Plantings: , -See attached document 2. Neighbor Screening: It is the intent of the landscaping to provide a buffer between the proposed Hostel and abutting neighbors.To the north, an existing split rail fence delineates the division between the 2 lots. We intend to provide a mix of a evergreen and deciduous shrubs along that existing fence to increase the visual boundary between the.hostel, and neighbor. A higher and denser border will provide more privacy than the existing open fence. Additionally, the existing trees and groundcover on the edge of these 2 properties (towards Old Colony)will remain. A condominium bullding Is the abutter to the south.An existing concrete retaining wall provides the screening j right now. We intend to leave undisturbed the existing trees and groundcover,that Is located adjacent to this - retaining wall. It currently provides significant privacy between the 2 lots. , ti 3. Planting Materials to be removed: _ F According,to the site/landscape plan many existing trees and ground cover will be removed to provide for the parking located to the rear of the lot,toward Old Colony. As indicated, existing trees and groundcover located along the perimeter of the site including Old Colony,and the 2 neighbors will remain.We hope that in leaving 4 the perimeter largely undisturbed, we will provide a visual screen both from Old Colony and to the neighbors on either side. { 4. Parking Landscape Materials: The site plan'indicates that the proposed expanded driveway and accessible parking spaces located closer to Ocean Street of shall all be paved with asphalt.This is required by accessibility code. The additional (non- accessible) parking spaces'located closer. to.Old Colony and driveway will be pervious; a bluestone gravel. We are confident that this parking area will be screened'from'both Ocean Street, (by the existing buildings) and Old Colony(by existing trees). The storm water drainage Is designed to handle all storm water on site. Please don't hesitate to contact us with any further questions or concerns. F, Regards, at,144 Alison Alessi,Architect Landscape DeSign Rusher Hostel c� III Ocean Street,Hyannis o P la nti ng Ta bie ����x"�`-= � �r�if�C`.�!�i7rB .�J :r�•'�plL; '� ,} „ N . Ink Berry Ilexglzbra - along neighborto North split rail fence 4'-0° 3'-0" 4 Rose of Sharon* Hibiscus syriacus along neighbor to North split rail fence 4'-00 4`-0" 4 " Day lilies Hemerocallissp. Borders of Building A, B;front walks 12" 1.21t 20-30 Hosta* Hosta Front of Building A,along Ocean Streete 2'-0° 31-91 10 • I shady locations Stonecrop Sedum sp. Borders,proposed sign 1211 12" 12-Oct Purple coneflower Echinacea purpurea Borders of buildings,perennial beds 1211 12" 30-40 Black-eyed susans Rudbeckia hirta Borders of buildings,perennial beds• 1211 12° - 30-40 Bayberry Myrica pensylva nica alongneighborto North split rail fence 4'-0° 41-0" 4 Red Maple Acer rub rum Along Old Colony at rear entrance 12-011 20`-0" 1 Common hairgrass Deschampsia flexubsa, a paach/new grass n/a n/a sf see note 12 . Rhododendrum* Rhododendron'maximurn Building A,in front yard bed,perrenial beds 4'0° 51-011- 2 ' " Existing plants on site . General Notes: 1.Compost or other organic amendments should be mixed into the back-fill soil to increase water-holding capacity where appropriate. 2.Planting hole depth for trees should be only as deep as measured from the trurikflare-to the bottom of the root ball 3.Planting hole width should be a minimum of three times the diameter of the root ball. 4.If the plant materials is balled&burtapped,all burlap should be removed or cut from the top 1/3 of the root bait. The trunk flare should be located to ensu re correct planting depth_ ' S.Large trees may be staked for stability for one growing season. 6.All plants should be thoroughly watered in at th a time of planting(15-20 gal,per plant). 7:Container plants should be planted at the same depth as grown in the container: 8•Root bal Is should be mulched. 9.No fertilization is necessary at planting time. 10.All invasive plants on site shall be removed,as practical.See MA.Prohibited Plint list: http://www.mass.gov/aZr/farm'products/proposed_prohibited_plant list_vl2-12-0S.fitrri 11.Where appropriate,livinggroundoover planting material should be provided and maintained beneath trees in all plantings. Groundcover will be spaced in a manner to achieve complete coverage within 2 years: { �. 12.Existing grass lawn shall be patched in/repaired after construction. Exact SF to be determined after construction. O - {. o I o _ i - 0 N 4 Barnstable' i CF ZHE Tp� kb All-America City + BARNSTABLE, 16.19. � The Town of.Barr-AAM Growth Management Department Jo Anne Miller Buntich 4 2007 Interim Director July 29, 2009 A & E Architects 2384A Main Street Brewster, MA 02631 RE: Rusher Hostel Landscape Plan Approval, Planning Board Dear Sir: Please be advised that at the Planning Board meeting.of July 27, 2009, the Board voted unanimously, 6/6 to approve the landscape plan entitled, "Proposed Site Plan, Location: 1A1OceanStreetHyannissMAI, prepared for Cape Cod Foundation/Trustees of R. Rusher Estate, dated 2/26/09, revised 6/10/09 for.building "C" relocation and removal of garage, and 6/15/09 for addition of landscaping to the plan, prepared by East Cape Engineering, Inca 44 Route 28, Orleans, MA. Approval of the landscape plan by the Planning Board prior to issuance of a building permit was condition #20 of.Regulatory Agreement, Rusher Trust Hostel, Y dated October 9, 2008 Sincerely; Ellen M. Swiniarski Site Plan Review/Regulatory Review Coordinator 200 Main Street, Hyannis 508-862-4679 CC: PB,Rusher RA File Bu�ildirngN.ommiss over; flom}Perry 367 Main Street, Hyannis, MA 02601 (o) 508-862-4678 (f) 508-862-4782 200 Main Street, Hyannis, MA.02601 (o) 508-862-4786 (f) 508-862-4784 r� Sk 23298 Ps210 1280 ' 12-05-2008 0 1 e r P `"E t Barnstable The Town of Barnstable NAM neaxsr�a, Growth Management Department ' r pCt 367 Main Street,Hyannis,MA 02601 Office: 508-8624678 Patty Daley 2007 Fax: 508-862-4782 Interim Director REGULATORY AGREEMENT 'oev1�/�' Rusher Trust Hostel 111 OCEAN STREET, HYANNIS This regulatory agreement("Agreement")is entered by and between the applicant, Ruth M. Rusher Trust, ("Ap ficant"and" Ioper")and the Town of Barnstable("Town"),a municipal corporation,on this}day ofC�° 08 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Applicant under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; 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 Applicant 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 Applicant is the legal owner of the property("Property")at I I I and 105 Ocean Street, Hyannis, consisting of approximately.45 acres,shown on Barnstable Assessor's Map 326 as Parcel 045, title to which is recorded in Barnstable County Registry of Deeds Book 18564 Page 234,and desires to develop the Property pursuant to a Regulatory Agreement; WHEREAS, it,is anticipated that ownership of the Property will be transferred from theRuth Rusher Trust to the Cape Cod Foundation once building permits are issued for the Project and as such the Cape Cod Foundation shall also be a signatory to this Agreement and when the term"Developer"is used herein it shall include the Cape Cod Foundation; WHEREAS,the Applicant 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 WHEREAS,the Town and Applicant 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 Applicant has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; Regulatory Agreement Rusher Trust Hostel 1 105 and 111 Ocean Street,Hyannis October 2,2008 r Bk 23298 Pg 208 #61260 WHEREAS, the Development is located in the Hyannis Growth Incentive Zone("Hyannis 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 2006706 establishing a cumulative development threshold within the GIZ,under which this development may proceed and the Applicant has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS,the Applicant has undergone informal review by the Hyannis.Main Street Waterfront Historic District on August 15 and September 19,M7;. WHEREAS, the Applicant has undergone informal site plan review on September 5,2007; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS, the Applicant will require zoning relief from the use regulation schedule in the HD zoning district, more specifically referred to in Paragraph 36, below; WHEREAS,the Applicant has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on January 28,2008; WHEREAS, the Applicant has undergone a public meeting on the Agreement application before the Town Council and received a 2/3rds vote approving the application on October 2, 2008; 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 Applicant and the Town do enter into this Agreement,and hereby agree and covenant as follows; 1. The Applicant 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 Site Plan"Sheet S-1 dated 02.26.2007, and Proposed Plans A-2,A- 3,A-4,A-5,and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA b. Such other plans and plan revisions as may be required by the terms and conditions of this Agreement. 2. The Developer proposes to renovate four existing buildings to develop the Property as a Hostel. For the purposes of this Agreement,a Hostel is defined as a facility which provides inexpensive,overnight accommodations for travelers in dorm-style rooms with male,female, coed and family rooms. The hostel is designed to bring people together through the use of shared kitchens;bathrooms,and common areas. The four existing buildings at the Property shall be remodeled and updated to comply with applicable building and health codes. 3. A new 16 car parking area is also proposed to service the hostel(the"Development"),with 13 spaces of pervious parking and an additional three lined and available if the need arises. 4. As shown on the plans entitled, proposed Plans A-2,A-3,A-4,A-5, and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane, Brewster, MA Hostel shall have a maximum of 13 rooms Regulatory Agreement Rusher Trust Hostel 2 105 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 209 #61260 with a maximum of 47 occupants, including Hostel staff and children under 18. The maximum number of occupants shall be posted in the area of the premises where guests register. 5. When open,the Hostel shall have a.minimum number of one Hostel staff on the premises on a 24 hour basis. 6. Hostel visits shall be limited in duration. Each individual Hostel visitor shall be limited to not more than fourteen (14)aggregate nights in a one year period. The Hostel management shall keep a log containing the names of visitors or groups of visitors occupying the Hostel. The log shall be made available for inspection by the Town Board of Health and/or the Town Manager's office upon request, but in no case shall such log be made available later than five(5) business days after receipt of a written request by the Town. 7. The Hostel shall operate on a seasonal basis and shall not receive visitors between November 16'" through April 140i of each year, but may be open at its option seven(7)days a week from April 15 through November 15 in any one year. 8. Separate sleeping accommodations shall be provided for visiting boys and girls under the age of 18: This shall not apply to a family sharing a discrete room. 9. The preparation of food shall be restricted to the kitchen and a designated area for outdoor grilling and dining.The management shall ensure that food preparation does not occur in sleeping rooms. 10. The Hostel management shall clearly post and shall enforce a quiet time between 11 pm and 7 am. 11. Smoking shall not be allowed. Outdoor smoking on the premises shall only be permitted in designated areas with proper receptacles. 12. The possession and/or consumption of alcoholic beverages or illegal substances shall be prohibited. The management shall take steps to remove anyone from the premises who has had too much to drink or is disruptive. 13. Animals,with.the exception of service animals assisting persons with disabilities, shall be prohibited. 14. The four habitable buildings shall include a full emergency sprinkler system as approved by the Hyannis Fire District. 15. The curb cut on Ocean Street shall be configured on Ocean Street so it only allows for"right turn in, right turn out"and Developer shall install a'No Left Turn'sign. 16. Developer shall construct a Passive Stormwater-Maintenance and Infiltration System'to service the Development. 17. Developer will provide a bicycle rack at the Property. 18. Developer and its successor(s)shall maintain all landscaping and drainage facilities during the term of this agreement for the periodfor which the development rights granted hereunder continue to be exercised. 19. Upon completion of all work,a registered engineer or 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(Barnstable Code Section 240- 104(G). This document shall be submitted before the issuance of the final certificate of occupancy. 20. Prior to the issuance of any building permit,the Developer shall submit a landscape plan which shall be reviewed and approved by the Planning Board. Regulatory Agreement Rusher Trust Hostel 3 105 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 210 #61260 21. The Developer shall apply or cause its approved operator to apply for and receive a yearly license for the operation of the Hostel from the Town Manager or his designee, unless the Town Manager determines that there is an alternative adequate licensing procedure.The Developer agrees that for the first year the fee for said license shall be$1,000 per year. Thereafter,the fee shall be determined pursuant to the Town's fee-setting procedures.A denial, suspension or revocation of a license by the Town Manager or his designee shall result in the closure of Hostel operation on the premises, subject to all rights of appeal. No occupancy permit shall be issue P Y P d until the Developer demonstrates that the premises are duly licensed. 22. Developer shall permit or cause its approved operator to permit the inspection of the premises by town staff, including but not limited to health, building and fire safety personnel. 23. Upon notice and hearing,the Town Manager reserves the right to terminate Hostel operations if necessary to protect the public health, safety or welfare. 24. No change in the licensed operator of the premises shall be permitted without the prior written approval of the Town Manager or his designee. 25. Any reconfiguration of the interior of the premises which alters the number of rooms available for guests shall receive the prior written approval of the Planning Board,who may approve such change administratively. 26. The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of two years from the effective date of the Agreement, provided, however, that prior to the expiration of said one year period the Applicant 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 Applicant estimates that construction will commence on or about November,2008 and will be completed on or about November,2009. 27. Commencing in the third year of operation,the Developer has agreed to contribute to public capital facilities to serve the proposed development and the Town by making a yearly payment in lieu of taxes.The initial payment shall be$5,355.40,which amount shall be increased by 2%per cent per year. No license(permit)shall issue for the third year of operation until the initial payment constituting a contribution to public capital facilities has been received by the Town. The Town Manager shall make provision for a proportionate share of said payment to be paid to the Hyannis Fire District. 28. Any lighting for the development shall be contained on-site,shall be down cast and shall not contribute to light pollution of the area. 29. All landscaping within the Development shall be low'water use and shall minimize the use of fertilizers and pesticides in keeping with the Hyannis Village Zoning Districts Design and Infrastructure Plan. 30. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project. 31. Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible. 32. 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)sewer permits and water permits. 33. Exterior construction impacts shall be minimized and construction shall be limited to the hours of 7:30 a.m. to 6:00 p.m.weekdays, and 8:30 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. Regulatory Agreement Rusher Trust Hostel 4 106 and 111 Ocean Street,Hyannis October 2,2008 Bk 23298 Pg 211 #61260 34. 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. 35. Developer has represented to the Board that it intends to enter into contract with the Eastern New England Council Hostelling International—American Youth Hostel, Inc. to operate the Hostel. Prior to the issuance of any occupancy permit for the premises, Developer shall submit a copy of said contract to the Planning Board for their determination that the contract incorporates the terms and conditions of this regulatory agreement.All operators shall be bound by the terms and conditions of this Agreement and the Developer shall incorporate this Agreement by reference into any contract it enters into for the operation of the premises and said contract shall require that the operator comply with the terms of this Agreement. 36. Town hereby grants a waiver from the following zoning restrictions: permitted or conditional use in the HD zoning district(Hostel), Section 240-24.1.7 of the Barnstable Code and reduction in onsite parking requirements,Section 240-24.1.10(4)(b) 37. The Developer shall submit revised plans which address the comments submitted by the Site Plan Review Committee dated September 5,2007,to the extent applicable,which plans shall be reviewed and approved administratively by the Building Commissioner. 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 11114411;;f 2008. Town of Barnstable Developer By: By. Cape Cod Fourfdatl•on By 7 .Developer Regulatory Agreement Rusher Trust Hostel j 5 105 and 111 Ocean street,Hyannis October 2,2008 BARNSTABLE REGISTRY OF DEEDS r +EARCHITECTS &'w2011 MA 02631 iRt 6A) P.esidential Commercial sos.asfi.6os1 pnane =:'. 6.6199 Par Sustainable Design wrr —pecoa0esig—.— CODE ANALYSIS REVIEW Ruth M.Rusher Trust Proposed Hostel I I I Ocean Street Hyannis,MA (Building A) - BUILDING CODES Sixth Edition 780 CUR Massachusetts State Building Code GENERAL BUILDING LIMITATIONS (Table 503) Proposed Use Group: Residential,R-1 Boarding House Change of Use: Existing Use Group: Residential R-3 Single Family BUILDING AREAS First Floor: Second Floor: Attic Floor: 1115 SF 1115 SF 300 SF Total: 2530 SF BUILDING AREA USE GROUP 4800 SF SPRINKLER INCREASE 4800 SF PERIMETER INCREASE 768 SF TOTAL ALLOWABLE AREA INCREASE PER FLOOR 5568 SF BUILDING HEIGHT MA7ffMUM BUILDING HGT:2 Stories/35 FT. MAXIMUM NUMBER OF FLRS:1+I ACTUAL:2 Yz Stories/29 FT. CONSTRUCTION TYPE(Table 602) CONSTRUCTION TYPE 5B—COMBUSTIBLE MIXED USES(Table 313.1.2) A-3 Common Dining/Kitchen R-1 Boarding House Separation Method: 2-Hour Rated Fire Separation Assembly Exception:Automatic Sprinkler System—reduce one hour Building Volume: 19,940 CUFT Section 116.0 is NOT applicable. FIRE SEPARATION(Table 602.0) Fire Area Separation Section 709.2 EXTERIOR WALLS(Table 705.2) North 651+South 5'+ East 17'+ West 1201+ I PERM ETER CALCULATIONS TOTAL PERIMETER 157 LF PERIMETER OF FRONTAGE 25 LF PERIMETER OF FRONTAGE TO TOTAL 16.0% PERCENT OVER 25% REQUIRED 8% FLOOR LOADING (Table 1606.1) First: 40 PSF Second:40 PSF Attic:40 PSF OCCUPANCY LOAD(Sec. 1008.1) ' First Floor: Second Floor: Total Area: Actual: 2 2 4 Total: 12 Required EXIT Signs(Section 1023.0) YES Required Egress Lighting(Section 1024.0) YES Is Sprinkler System Required? YES Fire Protective Signaling System(Section 917.0) NO Automatic Fire Detection Systems(Section 919.3.2) YES Is the Building required to be Accessible(521 CMR AAB)? YES f + ARCHITECTS. BrewserMA0263;(Rt.6A) Residential Commercial 508.896.0051 phone 508.696,6199 fax _ Sustainable Design www.Capecoddesigner.com Town of Barnstable Building Department RE: Ruth M. Rusher Trust Proposed Hostel 111 Ocean Street Hyannis, MA 02601 Response to site plan review comments dated 09/05/07: 1. Access/egress stairs are as remote as possible between 15t and 2nd floor. We can rebuild stairs from 2"d floor to attic to make them more remote. The entire building will be sprinkled?Tradeoff? 2. Why do we need to have paved parking?Where is that required by Zoning?We are concerned about the ecological impact on Hyannis Harbor and want to handle all stormwater on-site by utilizing pervious paving. Passive stormwater plan with calculations is required by the Regulatory Agreement and will be prepared by Eastcape Engineering. 3. Utility plan will completed:by Eastcape Engineering. 4. All buildings will be sprinkled 13R. 5. The extra garage (not Building D)will be for Hostel storage ie furniture,etc. 6. Board of Health variance received at 12/09/2008 meeting. 7. Walkway and ramp coincide. See updated drawings. 8. Beds will be relocated.See updated drawings. 9. Yes, commercial kitchen will be properly vented. 10. Not sure? 11. We will change this radius upon meeting with Hyannis Fire Department. 12. The gate will be removed. 13. Lighting plan forthcoming. 14. According to Regulatory Review process Main Street Waterfront Historic District and DIP review has been conducted. We have presented the project to the Historic and worked extensively with Growth Management staff in preparing the Regulatory Agreement. °FTHE, � Town of Barnstable Regulatory Services 9BMM7ABLE, MASS. $ Thomas F. Geiler,Director QjA 1639. 10 rEo,,,,rA 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 February 3, 2009 A& E Architects Mr. Robert Evans 2384 A Main Street Brewster, MA,02631 Re: I I I Ocean St., Hyannis,MA Dear Mr. Evans, This letter will confirm our recent conversation regarding the above referenced property. As long as the application is clocked into our office by February 27, 2009, the project will be able to proceed under the 6th edition of the building code and the existing stairs (item 4 of your letter) will be able to remain as long as your P.E. determines they are safe. As is standard practice, the issuance of the permit requires all necessary supporting th documentation (e.g. Bo etc.) and conformance with the 6 edition Board of Health decision, (e.g. item 5 of your letter and table 705.2 for all buildings on site, etc). If you have any questions, please do not hesitate to call. Sincerely, Paul Roma Local Inspector ,i Massachusetts Department of Environmental Protection _ Bureau of Waste Prevention o Air Quality 1100084540 i Decal Number Notification Prior to Construction or Demolition Important: A. Applicability When filling out pp y forms on the computer,use only the tab key A Construction or Demolition operation of an industrial, commercial, or institutional building, or to move your residential building with 20 or more units is regulated by the Department of Environmental Protection cursor do not return use the return (DEP), Bureau of Waste Prevention -Air Quality Control Regulations 310 CMR 7.09. Notification of key. Construction or Demolition operations is required under 310 CMR 7.09 (2)ten (10) days prior to any work being performed. The following information is required pursuant to 310 CMR 7.09. r� t �r, B. Genera! Project Description JEA.dT• x; `5 1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied Instructions residence of four units or less?jr-1 Yes 0 No 1.All sections of b. Provide blanket decal number if applicable: this form must be Blanket Decal Number completed in order to comply with the 2. Facility Information: Department of RUSHER HOSTEL Environmental Protection a.Name notification 105-111 OCEAN STREET requirements of b.Address 310 CMR 7.09 Brewster JIVIA 02601 c.Ci /Town d.State e.Zi Code 5088960051 f.Tele hone Number(area code and extension E-mail Address(optional) 4185 3 h.Size of Facility in Square Feet i.Number of Floors j.Was the facility built prior to 1980? 0 Yes El No k. Describe the current or prior use of the facility: CURRENT: UNUSED, VACANT PROPOSED: 3 BLDG HOSTEL I. Is the facility a.residential facility? E,/] Yes [2, No 1 o m. If yes, how many units? Number of Units C 3. Facility Owner:.. N CAPE COD FOUNDATION o a.Name 0 259 WILLOW STREET b.Address r YARMOUTHPORT MA 02675 u c.City/Town d State e.Zip(.ode o r5087903O40 f.Telephone Num re ber(aa,code and extension) q�E-mail Address(optional) O DE( BORAH RUHE � � i Q h.Onsite Manager Name ag06.doc•10/02 BWP AQ 06-Page 1 of 3 Massachusetts Department of Environmental Protection 100084540 Bureau of Waste Prevention e Air Quality - Decal Number Notification Prior to Construction or Demolition General Statement:If B. general Project Description (cont.)) ' asbestos is found during a 4• General Contractor: Construction or Demolition A+E ARCHITECTS BUILDERS operation,all - -- - — — - - Name responsible parties a ----------.; must comply with 12384 A MAIN STREET 310 CMR 7.00, b.Address 7.09,7.15,and I` Chapter 21 E of the IBREWSTERWI IMA 1 102631 General Laws of c.Cit /Town d.State e.Zip Code the Commonwealth. 5088960051 1 lbob@capecoddesigner.com This would include,but would not be f.Telephone Number area code and extension) a.E-mail Address(optional) limited to,filing an IROBERTEVANS asbestos removal h.On-site Manager Name notification with the Department and/or a notice of release/threat of release of a C. general Construction or Demolition Description hazardous substance to the 1. Construction or demolition contractor: Department,if applicable. A+E ARCHITECTS BUILDERS a.Name 2384 A MAIN STREET b.Address jBREWSTER ,MA � 02631 c.City/Town d.State e.Zip Code 5088960051 lbob@capecoddesigner.com f.Telephone Number area code and extension) g.E-mail Address(optional) ROBERT EVANS h.On-site Manager Name 2. On-Site Supervisor: ROBER ' EVANS On-Site Supervisor Name 3. Is the entire facility to be demolished? [) Yes R] No N ®0 4. Describe the area(s)to be demolished: o INTERIOR GUT OF BUILDING A, BLDG D DEMO N 0 5. If this is a construction project, describe the building(s)or addition(s)to be constructed: ADDITION TO BLDG A, NEW BUILDING AT BLDG D FOUND i i d Q ag06.doc•10102 BWP AQ 06•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Prevention ® Air Quality 1100084540 Decal Number y _ �-.��.--_--~-- Notification Prior to Construction or Demolition C. General Construction or Demolition Description (cont.) 6. a. If this is a demolition project,were the structure(s) surveyed for the presence of asbestos containing material (ACM)? [ Yes r7l No If yes,who conducted the survey? b.Survevor Name c.Division of Occupational Safety Certification Number . 7. Construction or Demolition: 6/1/2009 ^� 511l2010 —� a.Start Date(mmfdd/yyyy) b.End Date(mm/dd/yyyy) 8. a. For demolition and construction projects, indicate dust suppression techniques to be used: seeding paving b. If other,please specify: ✓ wetting shrouding covering other 9. For Emergency Demolition Operations,who is the DEP official who evaluated the emergency? i a.Name of DEP Official [ 1 b.Title c.Date mm/dd/ )of Authorization d.DEP Waiver Number D. Certification co I certify that I have examined the ROBERT EVANS o above and that to the best of my a.Print Name o knowledge it is true and complete. IRobert Evans The signature below subjects the b.Authorized Signature N signer to the general statutes CONSTRUCTION SUPERVISOR o regarding a false and misleading c. osition/-iCle o statement(s). A+E ARCHITECTS BUILDERS d.Representing `� 02113/2009 �. Q e.Date(mm/dd/yyyy) 0 0 Q ag06.doc•10/02 BWP AQ 06•Page 3 of 3 Barnstable THE, : B"R'" The Town of Barnstable �alcaM " AM ' Growth Management Department , I 1639. 39.h 367 Main Street,Hyannis,MA 02601 2007 Office: 508-862-4678 Patty Daley Fax: 508-862-4782 Interim Director REGULATORY AGREEMENT Rusher Trust Hostel III OCEAN STREET,HYANNIS This regulatory agreement("Agreement")is entered by and between the applicant,Ruth M.Rusher Trust, ("Applicant"and"Developer")and the Town of Barnstable("Town"),a municipal corporation,on this day of ,2008 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Applicant under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; 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 Applicant 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 Applicant is the legal owner of the property("Property')at 111 and 105 Ocean Street, Hyannis,consisting of approximately.45 acres,shown on Barnstable Assessor's Map 326 as Parcel 045, title to which is recorded in Barnstable County Registry of Deeds Book 18564 Page 234,and desires to develop the Property pursuant to a Regulatory Agreement; WHEREAS,it is anticipated that ownership of the Property will be transferred from the Ruth Rusher Trust " to the Cape Cod Foundation once building permits are issued for the Project and as such the Cape Cod Foundation shall also be a signatory to this Agreement and the when the term"Developer"is used herein it shall include the Cape Cod Foundation; WHEREAS,the Applicant 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 WHEREAS,the Town and Applicant 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 Applicant has made application to the Planning Board pursuant to Section 168 of the Barnstable Code; Regulatory Agreement Rusher Trust Hostel 1 105 and 111 Ocean Street,Hyannis October 2,2008 t w - { WHEREAS the Development is located in the Hyannis Growth Incentive Zone("Hyannis 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 Applicant has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS,the Applicant has undergone informal review by the Hyannis Main Street Waterfront Historic District on August 15 and September 19,2007; WHEREAS the Applicant has undergone informal site plan review on September 5,2007; WHEREAS,the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS the Applicant will require zoning relief from the use regulation schedule in the HD zoning district,more specifically referred to in Paragraph 36,below; WHEREAS the Applicant has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board approving the application on January 28,2008; WHEREAS the Applicant has undergone a public meeting on the Agreement application before the Town. Council and received a 2/3rds vote approving the application on October 2,2008; 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 Applicant and the Town do enter into this Agreement,and hereby agree and covenant as follows; 1. The Applicant 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 Site Plan"Sheet S-1 dated 02.26.2007,and Proposed Plans A-2,A- 3,AA A-5,and A-6 dated 06.26.2007 prepared by A+E Architects, 15 Cape Lane,Brewster, MA b. Such other plans and plan revisions as may be required by the terms and conditions of this Agreement. _ w, w 2. The Developer proposes to renovate four existing buildings to develop the Property as a Hostel. For the purposes of this Agreement,a Hostel is defined as a.facility which provides inexpensive,overnight accommodations for travelers in dorm-style rooms with male,female,coed and family rooms. The hostel is designed to bring people together through the use of shared kitchens,bathrooms,and common areas. The four existing buildings at the Property shall be remodeled and updated to comply with applicable building and health codes. 3. A new 16 car parking area is also proposed to service the hostel(the"Development"),with 13 spaces of pervious parking and an additional three lined and available if the need arises. 4. As shown on the plans entitled,proposed Plans A-2,A-3,A-4,A-5,and A-6 dated 06.26.2007 prepared by A+E Architects,15 Cape Lane,Brewster,MA Hostel shall have a maximum of 13 rooms Regulatory Agreement Rusher Trust Hostel 2 105 and 111 Ocean Street,Hyannis October 2,2008 r with a maximum of 47 occupants,including Hostel staff and children under 18.The maximum number of occupants shall be posted in the area of the premises where guests register. 5. When open,the Hostel shall have a minimum number of one Hostel staff on the premises on a 24 hour basis. 6. Hostel visits shall be limited in duration. Each individual Hostel visitor shall be limited to not more than fourteen(14)aggregate nights in a one year period. The Hostel management shall keep a log containing the names of visitors or groups of visitors occupying the Hostel. The log shall be made available for inspection by the Town Board of Health and/or the Town Manager's office upon request, but in no case shall such log be made available later than five(5)business days after receipt of a written request by the Town. 7. The Hostel shall operate on a seasonal basis and shall not receive visitors between November 16th through April 14th of each year,but may be open at its option seven(7)days a week from April 15th through November 15th in any one year. 8. Separate sleeping accommodations shall be provided for visiting boys and girls under the age of 18. This shall not apply to a family sharing a discrete room. 9. The preparation of food shall be restricted to the kitchen and a designated area for outdoor grilling and dining.The management shall ensure that food preparation does not occur in sleeping rooms. 10. The Hostel management shall clearly post and shall enforce a quiet time between 11 pm and 7 am. 11. Smoking shall not be allowed,Outdoor smoking on the premises shall only be permitted in designated areas with proper receptacles. 12. The possession and/or consumption of alcoholic beverages or illegal substances shall be prohibited. The management shall take steps to remove anyone from the premises who has too much to drink or is disruptive. 13. Animals,with the exception of service animals assisting persons with disabilities shall be prohibited. . 14. The four habitable buildings shall include a full emergency sprinkler system as approved by the Hyannis Fire District. 15. The curb cut on Ocean Street shall be configured on Ocean Street so it only allows for"right turn in, right turn out"and Developer shall install a"No Left Turn"sign. 16. Developer shall construct a Passive Stormwater Maintenance and Infiltration System to service the Development 17. Developer will provide a bicycle rack at the Property. 18. Developer and its successor(s)shall maintain all landscaping and drainage facilities during the term of this agreement for the period for which the development rights granted hereunder continue to-be exercised. 19. Upon completion of all work,a registered engineer or 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(Barnstable Code Section 240- 104(G). This document shall be submitted before the issuance of the final certificate of occupancy. 20. Prior to the issuance of any building permit,the Developer shall submit a landscape plan which-shall be reviewed and approved by the Planning Board. Regulatory Agreement Rusher Trust Hostel 3 105 and 111 Ocean Street,Hyannis October 2,2008 e 21. The Developer shall apply or cause its approved operator to apply for and receive a yearly license for the operation of the Hostel from the Town Manager or his designee,unless the Town Manager determines that there is an alternative adequate licensing procedure,The Developer agrees that for the first year the fee for said license shall be$1,000 per year.Thereafter,the fee shall be determined pursuant to the Town's fee-setting procedures.A denial,suspension or revocation of a license by the Town Manager or his designee shall result in the closure of Hostel operation on the premises,subject to all rights of appeal.No occupancy permit shall be issued until the Developer demonstrates that the premises are duly licensed. 22. Developer shall permit or cause its approved operator to permit the inspection of the premises by town staff,including but not limited to health,building and fire safety personnel. 23. Upon notice and hearing,the Town Manager reserves the right to terminate Hostel operations if necessary to protect the public health,safety or welfare. 24. No change in the licensed operator of the premises shall be permitted without the prior written approval of the Town Manager or his designee. 25. Any reconfiguration of the interior of the premises which alters the number of rooms available for guests shall receive the prior written approval of the Planning Board,who may approve such change administratively. 26. The development rights granted hereunder shall be exercised and development permits may be obtained hereunder for a period of two years from the effective date of the Agreement,provided, however,that prior to the expiration of said one year period the Applicant 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 Applicant estimates that construction will commence on or about November,2008 and will be completed on or about November,2009. 27. Commencing in the third year of operation,the Developer has agreed to contribute to public capital facilities to serve the proposed development and the Town by making a yearly payment in lieu of taxes.The initial payment shall be$5,355.40,which amount shall be increased by 2'/2 per cent per year. No license(permit)shall issue for the third year of operation until the initial payment constituting a contribution to public capital facilities has been received by the Town. The Town Manager shall make provision for a proportionate share of said payment to be paid to the Hyannis Fire District. 28. Any lighting for the development shall be contained on-site,shall be down cast and shall not contribute to light pollution of the area; 29. All landscaping within the Development shall be low water use and shall minimize the use of fertilizers and pesticides in keeping with the Hyannis Village Zoning Districts Design and Infrastructure Plan; 30. All plumbing fixtures shall be low water use fixtures and other water conservation measures are encouraged in the design and development of the project; 31. Construction and demolition debris from the Development shall be removed and reused or recycled to the maximum extent possible; 32. 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)sewer permits and water permits. 33. Exterior construction impacts shall be minimized and construction shall be limited to the hours of 7:30 a.m.to 6:00 p.m.weekdays,and 8:30 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; Regulatory Agreement Rusher Trust Hostel 4 105 and 111 Ocean Street,Hyannis October 2,2008 34. 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; 35. Developer has represented to the Board that it intends to enter into contract with the Eastern New England Council Hostelling International—American Youth Hostel,Inc.to operate the Hostel.Prior to the issuance of any occupancy permit for the premises,Developer shall submit a copy of said contract to the Planning Board for their determination that the contract incorporates the terms and conditions of this regulatory agreement.All operators shall be bound by the terms and conditions of this Agreement and the Developer shall incorporate this Agreement by reference into any contract it enters into for the operation of the premises and said contract shall require that the operator comply with the terms of this Agreement. 36. Town hereby grants a waiver from the following zoning restrictions:permitted or conditional use in the HD zoning district(Hostel),Section 240-24.1.7 of the Barnstable Code and reduction in onsite parking requirements,Section 240-24.1.10(4)(b) 37. The Developer shall submit revised plans which address the comments submitted by the Site Plan Review Committee dated September 5,2007,to the extent applicable,which plans shall be reviewed and approved administratively by the Building Commissioner. 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 2008. Town of Barnstable Developer By: By: Regulatory Agreement Rusher Trust Hostel 5 105 and 111 Ocean Street,Hyannis October 2,2008 -TO 09-077-AME.N.D..Z-ON.hN�G-QR.DINANCE -T_IM_ E_PERLODS_FOR_SEE_C.IAL PERMITS INTRO: 03/19/09, 04/02/09, 05/07/09 Upon motion duly made and seconded, it was voted to go in to a public hearing with the Planning Board for the purpose of discussing this item. VOTE: Unanimous in favor Upon motion duly made and seconded, the Planning Board also voted to go in to a public hearing with the Town Council. VOTE: Unanimous in favor Attorney Liza Cox felt that this will benefit applicants and the community, and will allow the zoning board to grant extensions on special permits. Tony Shepley said special permits are only allowed for 1 year and no extensions are allowed. He outlined all the other things that need to be done in a project. Putting this forward will help economic development. Upon motion duly made and seconded, the Planning Board voted to close their public hearing with the Town Council at 8:10 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted by the Town Council to go out of the public hearing at: 8:10 p.m. VOTE: Unanimous in favor ' Upon motion duly made and seconded it was voted to.move the question. VOTE: 10 Yes 1 No Upon motion duly m�adend seconded it was ORDERED, That Section 1. The Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article XII, Administration and Enforcement, is hereby amended by deleting §240-125C (3), Period of Validity, in its entirety and inserting in its place the following: 240-125C (3) (a) Period of Validity: A special permit shall become void within two years from the date of issue unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, or, if no construction work is contemplated by the special permit, the premises shall be open for business or in full use under said special permit,. The said two year period shall not include time required to pursue or await determination of an appeal referred to in MGL Ch. 40A, §17. However, the special permit granting authority, in its discretion, may extend the time for exercise of such rights for a period not to exceed a total of one year upon a showing of good cause; and provided further, that the request for such extension is filed with the special permit granting authority prior to the expiration of said two year period. If the permit granting authority does not grant such extension, upon the expiration of the original two-year period, such special permit shall become void. :1' (b) Retroactive Applicability: The period_of validity for any special permit in effect on the effective date of these provisions shall be two years from the date of issue, unless further extended pursuant to subsecti-op(a.),.aboue. The period of validity for any special permit that wouWffave lapsed bfo effective date of these rovisi'ons utb for which are uest for extension was filed prior to its lapse, shoal be two years from the date of issue, unless further_extended pursuant to subsection a) above.- Section 2. That the Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article III, District Regulations, §240-17. Open Space Residential Development is hereby amended by deleting §240-17Q (2) in its entirety and inserting in place thereof, the following new (2): of §240-125C (3) shallapply. �.2-1-P-e��ied-of-V-ali-dity,-:-T-he-pr-ovi.sions OTE Jn-ani:mous_insfavor_/ (Vote taken after the Planning Board brought forward their decision which is noted later on in these minutes.) 2009-099 -AMEND ZONING ORDINANCE RELATING TO DEMOLITION AND REBUILIDNG ON MERGED, DEVELOPED LOTS INTRO: 04/16/09, 05/07/09 Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing the above item. VOTE: Unanimous in favor Upon motion duly made and seconded, the Planning Board voted to open their public hearing with the Town Council. VOTE: Unanimous in favor Joanne Buntich noted some adjacent 1 acre lots were more or less merged through house placement and other reasons. This will "unhinge" them. Liza Cox represents some owners of merged lots, where, if the house were moved, the one acre parcels could be looked at separately. Councilor Milne asked if Growth Management determined how many additional lots this would create. Buntich said there are about 50 lots. She does not have an exact number. In reality it will be less. Upon motion duly made and seconded it was voted to go out of the public hearing at: 8:24 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded,'the Planning Board voted to close their public hearing with the Town Council at 8:24 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to move the question. VOTE: O E. 9 Yes 2 No Y Upon motion duly made and seconded it was p Town of Barnstable Planning Board Notice of Public Hearing Monday, August 13, 2007 at 7:00 p.m. 707 JUL �� 3 59 New Town Hall, Second Floor Hearing Room 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 Town of Barnstable Zoning Ordinances, specifically Section 240- 24.1 Hyannis Village Zoning Districts you are hereby notified of a Public Hearing to be held on Monday, August 13, 2007 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street,Hyannis, MA to consider Regulatory Agreement Application 2007-03 under Chapter 168, Regulatory Agreements with relief required for hostel use to be permitted in the Hyannis Harbor District. The project includes the development of the existing residential property at 111 Ocean�S.tr_eet;Hya�nm—s; MA for use as a hostel. The project includes: the remodeling and updating of three existing residential buildings on the site to comply with building and health codes; the addition of approx. 950 s.f. to one of the existing structures; the conversion of an existing 400 s.f. garage to a 2-bedroom cottage for staff housing; and construction of a 10-space parking area to service the hostel. Total number of beds proposed is 47. The applicant is Ruth M. Rusher Trust. Property is addressed as 111 Ocean Street, Hyannis,MA and located in the Hyannis Village Harbor District and is shown on Assessor's Map 326 as Parcel 045. Copies of the applications 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 Marlene Weir, Chairman July 27 and August 3, 2007 Planning Board TO ` BARNSTABM E s. .07 JUN 27 All :10 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': Ruth M. Rusher Trust Phone: c/o MDF: 508.430.1900 Applicant Address: c/o Michael D. Ford, Esq., POB 485, W. Harwich, MA 02671 Project Name: Rusher Trust Hostelling Project Property Location: 111 Ocean 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# Owned M 326 P 45 Sandra L.Tubman, Trustee, Rusher Trust 18564/234 3 Owners Contact information (if different from applicant) Name Address Phone number: 3. Zoning District(s) HD ' The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. 2 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. Groundwater Overlay District: Yes [ ] No [X] Total land area subject to the Regulatory Agreement: .45 acres Total land area upland: .45 acres Total land area wetland: N/A Total estimated cost of construction: $275,000 4. Regulatory Agreement Requested: Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes [ ] No [X] Description of proposed agreement: Applicant proposes to develop the property at 11 Ocean Street as a Hostel. The three existing buildings at the property would be used for Hostelling purposes, remodeled and updated to comply with applicable building and health codes. A new 10 car asphalt parking area is also proposed to service the hostel. 5. Existing Zoning of the Site and Proposed Zoning Relief Required by the Regulatory Agreement: The property is located in the HD zoning district. Though "hotel" uses are permitted in the district and a"hostel" may fit into the definition of"hotel," a "hostel" is not otherwise specifically permitted and therefore apparently prohibited. Zoning relief is required which would explicitly allow the Hostel use in the underlying HD zone. The development will otherwise comply with the dimensional regulations of the HD district or alternatively, be permissible alterations or extensions of the preexisting nonconforming structures at the premises. 6. List the local, state or Federal Agencies from which permits, funding, or other actions have been/will be sought: Hyannis MSW District Certificate of Appropriateness. 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 parry providing such facilities and infrastructure to ensure public facilities adequate to serve the development are available concurrent with the impacts of the development: TO BE DETERMINED. 9. A description of any reservation or dedication of land for public purposes: TO BE DETERMINED. 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: SEE Exhibit'A," proposed building alterations." Attach additional sheet if necessary 11. Existing Level of Development- Number of Buildings: 3 Existing Gross Floor Area: BLDG A-2218 sq.ft.- BLDG B: 600 sq.ft.- BLDG C 846 sq.ft. Present Use(s): residential. Height of Present Uses: complies with current zoning (BLDG A-2 story; BLDG B-single story; BLDG C-2 story) Density of Present Uses: SEE ABOVE. Proposed Level of Development- Number of Buildings: 3 (same as existing) Proposed Gross Floor Area: same as existing Proposed Use(s): Hostel Height of Proposed Uses: same as existing) Density of Proposed Uses: same as existing) 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 [ ] 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") shouting 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 documents must be submitted eight days prior to the public hearing for distribution to the Board. Signature: ; Date: Applicants or Representative's Signature Print Name Michael D. Ford, Esq.. Representative's3 POB 485, 72 Main Street, Suite 10, W. Harwich, MA 02671 Address: Phone: 508.430.1900 Fax No.: 508.430.9979 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. I OLD COLONY ROAD CURBIMP DN 0.42 SIDEWALK - 0 Oo CAB fO,o GATE Ep QtA1'S. 2 ALi—\ .,. 1 - s3 y i q 1 \ t I \ ♦ �\ \ 0 -------------- - Cl l \ V \ a ^ z v n 1 \ \11 dgi35 -U „ O 14 z ` w it 3 a N > \ m �9 r \ \ O m ; ' Oy d� w � 5 NS, 15 31 �s 1 go ALTERATIONS 8 ADDITIONS FOR: m O TRUSTEES OF RUTH RUSHER'S ESTATE 8 EARCHITECTS 15 Cape Lane r- ' + firewater an 02631 r O HYANNIS HOSTEL Residential Commercial 508.896.0051 phone Z m CD 111 OCEAN STREET 58D..capeeod tax 0 HYANNIS,MA 02601 Sustainable Design www.capeeotldesigner.com W F- A 7'% U N/f pAME� N1B, ��� Lu tN�pIAS O,lEY mSHuTOFF w I co 912,3/46 /23S/,- `a o 2 n/ j lk BB'1856?/ PL Z UP/3/11 p b J W ry ;1 o 55 _ CAR /�' /1�[NEE \ I O N O 0 N Q 02 \ Ube. ' , j/ '�E- ppll.F 18- i'1ST FL=19.72 ` ...-. Z Cn= r p_ �PLlT T.O.F.=IB 72 \ ` D Oa W(/) f/1 —/ / r• /'j I—Z U Z K S� ,• i�' 1 ,' � - a, Z w to Z p Z FLAG POLE S J Q Q sE /- q ° /mob/ \ ¢ Of S r S TITLE: / 30-YeRUC£ GAR \ �\ I / \ EXISTING (a ;cur vrRE y ! /' ` \x aJEL ORtJE\ \ �� SITE PLAN a m • F COTTAGE U \I \\ SHUTOFr P 376/26 [!- V, h I I IS FL=1793 PL ; / J O STREET SIGN m INFO SIGN 1 /JJrr TOTAL AREA / \ 19161 S.F. T.ar.=,&.66 1ST F GRAVEL DRIVE L=19.7B \ 1 v m �mmm3 / _ {y�-► C/Z l0 � CAR OI BRICK FIREPLACE PtN6 J Z EO It G � 26,FRu,T TREE�18--f�1✓V_-� I\ -- C� Cro / 1 I< / / ' to m 7 cc to Bq EXISTING SITE PLAN + SCALE:1•-2C4' 10 / /'•. H SSE ILJM LOT SIZE: 19161 SF .44 AC EXISTING BUILDINGS: 3066 SF 16%COVERAGE Data: 02.28.2007 �• ��/..'/��!/,---��� pIAR DGE C039�/1 meal: S-0 / 'r _ 22_�'ORIGINAL HOUSE T-1'1950's 0 O Q D� I DN N l N �m a x �? r N O 'r.25 -.25 e_-I z 0 b� 0 Z N 1 Ir O A O 0 C r M 0 ;0 rn O z I. z �o N D O S�F t —IDN -' cAODmCD � � _� � � i:: 1Ma O �_'• A: \ D O K Z y O Cwli r O C077 R�1 �{, :. Cl) to Cl) cn c) Cl) 4 -n -n -n -n v : D Z w. z m O C m =9 my rn ALTERATIONS&ADDITIONS FOR: D m zm ' G) TRUSTEES OF RUTH RUSHER'S ESTATE "+-EARCHITECTS 1Brewster MAs cape Lane02631 HYANNIS HOSTEL Residential Commercial 508-896.0051 phone N 111 OCEAN STREET Www.c 6.6199 es HYANNIS,MA 02601 Sustainable Design www.capecoddesigner.com W Q W LLJ zr, O = LL U) 2 � O = I— S BEDS:3 190 SF 4 BEDS:t 140 SF - '5 BEDS:s 150 SF i'� L, O" sa U_ �F- 1 .UP :.ON. Z 0 0 O - W � U N P STOR. BATH Z Q O Z Q �e O. Q 4 BEDS:s 140 SF HAS' TITLE: BATH PROPOSED PLANS O �( BATH . PORCH ORIGINAL HOUSE-1910 20'-0" E 0 2 2ND FLOOR PLAN < c- mc'Wc m SCREENED (L o N m m m p PORCH 1i LL..j m - - 03, rn ca e U) �'-" E - W E � 7 COMMONIDINING 4 BEDS:t 10 SF EDGE OF 0 0) _ accessihle rogm j EXISTING I,�/ $ HOUSE Q -.UP N., '- EXT•G BUILT-IN r z � � [*PORCH - I .. NI lil CA 07 BATH- I - fV l accessible roam LW 1:9 11 ro, FICE/ENTRY ENTRY - KITCHEN I Q -, } oD _____ BATH Dole: 06.20.2007 Sheet: PORCH 20'-0"ORIGINAL HOUSE-1910 I 1950s ADDITION BUILDING A: A-2 �1sT FLOOR PLAN PLAN 111 OCEAN STREET-MAIN HOUSE A2 Ve•-r-o• W d W t S LL cn c o W o of W W N CD LL U)� d cn D S2 wU) Z C) Z TITLE: PROPOSED PLANS VIEW FROM OCEAN STREET E u m �c c m �au,in m` �n U 3 m 3 �m�umi 3 cu •` y N BUILDING A: W E 02 BEDROOMS: 7 v a CLOSET TOTAL BEDS: 30 3 BEDS: r ` 5 BEDS:x 230 SF DH HALL 100 SF TOTAL TOILETS: 6 �••/ ,. h TOTAL SINKS: 6 ¢ ) N O BATH \/ TOTAL SHWRS: 5 X SIZE: + 1ST FLOOR: 1115 SF lz 2ND FLOOR: 1115 SF ATTIC 565 SF TOTAL: 2785 SF PORCHES: 270 SF De 0e.2e.200' Sheol: n ArrlC PLAN BUILDING A: A-3 A3 ��a•-�-o• 111 OCEAN STREET-MAIN HOUSE W Q F- W (n W _ _.._. LL — _ N Z � — — — _ p LLJ ~ O LL Lu I04 - _ Z O 0 O Lu W C_n EOYRWE Of�BE09 MOITM)N. F— Z Q Z eWWH m9nE0 U) Z Q Z TITLE: -- - PROPOSED ELEVATIONS 0 n o - @EAST u•ELEVATION - OCEAN STREET �LORTH ELEVATION - DRIVEWAY d a A4 �/e•-r_ A4 Ve•-r-o• �a o m o m u U m m m 3 m N N 3 NiYp30 WN—N 1FRNf1 �—fOR ONW HENTINO � �. E E 0 — LL -- - -_...._.. �._ — r- - Data: 06.20.2007 -'--- -- -' - -------- -- -- -- --- -' sneer BUILDING A: WEST ELEVATION dl souTH ELEVATION 111 OCEAN STREET-MAIN HOUSE A4 Ve•.p-o• A4 Ve•-r-o• A-4 W F— Q H w BUILDING B: BEDROOMS: 3 & w TOTAL BEDS: 10 o a ® i BATH _. � �� TOTAL TOILETS: 2 En z D 3 BEDS•t100 SF -` 0 �-EMER.EGRESS, I. TOTAL SINKS: 2 0 �_- W o O , IF REOYI TOTAL SHWRS: 2 a F o 0 SIZE: 680 SF o cn Q 0 cn = z � r 3BEDS-t100SF DN I W U) 07 w u) ZQZ� Uz F— Sr- 2 TITLE: PROPOSED PLANS E 0 Cal PROPOSED 2ND FLOOR PLAN z EXISTING 2ND FLOOR PLAN o m w os. m G N 0 O O D m a 01010 � m m �me�i umi 3 BATH E W a PORCHSED 4BEDS-t110SF �4 m ► I m m � c c�./) F-�� fn y .-. COMMON/HALLWAY Up C1 PROPOSED 1ST FLOOR PLAN i XISTING 1ST FLOOR PLAN sy#! AS /e•.�'-e• AS Ve•.1•_e• j,,,,• x�,>,,..:- ....!.•• Dale: 06.26.2007 ,,YaY:a•x:?:� .. sneer: BUILDING B: 111 OCEAN STREET-SMALL HOUSE A—.,g w BUILDING C:FAMILY COTTAGE BEDROOMS: 1 w TOTAL BEDS: 4 w TOTAL TOILETS: 1 ° v=, ® TOTAL SINKS: 1 0 I: TOTAL SHWRS: 1 t = I— i SIZE: 350 SF ¢ X,W,x w � o COMMON' Q ¢ -- KITCHEN �` Z w O FAMILY BEDROOM I• II 9 QQ CA Qcd W7 00 00II K H Z�J Z O O Y � U) ¢0 Q I ¢ 3: _ 2 S BATH '-,: * TITLE: fl PROPOSED PLANS m �� m O0 Cs i E COTTAGE: PROPOSED PLAN (1 COTTAGE: EXISTING PLAN o v m�o `m6 n m u m w m U m m 3 BUILDING D:GARAGE/STAFF HSNG =m 3 BEDROOMS: 2 TOTAL BEDS: 3 TOTAL TOILETS: 4 U E 0 TOTAL SINKS: 1 W o TOTAL SHWRS: 1 x c SIZE: 400 SF CD r :; U n STAFF BEDROOM ,. Y� W W Q N ik•.a": 1 iK• t 9 STAFF BEDROOM +- :!KITCHEN/ COMMON AREA `7 1 STAFF BATH { Date: 09.2e.2007 G GARAGE: PROPOSED PLAN 3 GARAGE: EXISTING PLAN A6 Ve•.r-o• ns '/°'"'-°' BUILDING C(COTTAGE)&BUILDING D(GARAGE): A-6 111 C1rFAAl CTPCCT �3 °FTHE, Town of Barnstable ti Regulatory Services BA"grABLE. 4 9 MASS. Thomas F. Geiler, Director o;p. 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 15, 2006 Mr. Mark Marinaccio 19 Sconset Circle Sandwich, MA 02563 Dear Mr. Marinaccio: In response to your correspondence of August 3, 2006 regarding 1'1._ l-Ocean,Sff3R' Hyannis, the parcel in question Map 326 Parcel 045 is in an HD zoning district. According to the Town of Barnstable Zoning Ordinances, Chapter 240-24.7 uses not expressly allowed are prohibited. In this instance a Hostel is not expressly allowed,therefore it is prohibited. Sinoerel lo omas Perry,CBO Building Commissioner I -Amdera n HnsuRzt0 Ron Incorporated 7o6 Brockton Ave a P.O. Box 2003 o Abington MA 02351 4/22/10 Re: I I I Ocean St-Hyannis Dear Hyannis Building Department: Anderson Insulation certifies the installations of the following work areas at the corresponding R- Values with Icynene Open Cell Sprayed in Place Foam. Work Areas / R-Values Exterior Walls 12.6 V 14A 19.8 21.6 Rim Joists 12.6 14.4 19.8 21.6 Basement Walls 12.6 14.4 19.8 21.6 Slopes 21.6 28.8 32.4 36.0 Flat Roof Decks 21.6 28.8 32.4 36.0 _ 39.6 Crawl Ceilings 21.6 28.8 32.4 36.0 _ 39:6 Overhangs 21.6 28.8 32.4 36.0 _ 39.6 Underside of Roof 21.6 28.8 32.4 36.0 _ 39.6 Garage Ceiling 21.6 28.8 32.4 36.0 39.6 o Icynene's R-Value is formulated by multiplying the R-Value per inch,which is 3.6,by the number of inches applied. Icynene R-Value=3.6 x Inches Applied The fiberglass that was installed has the necessary R-Values printed right onto the Face of them. The foam was covered by a anti-ignition barrier where required. If there are any questions or concerns please do not hesitate to call 781-857-1000 S' cer ly Cott illiamson Bruno Xavier Operations Manager Installer ) ders n (3ato ffnSUR 1101M Business 'gust 706 Brockton Ave o P.O. Box 2003 °Abington MA 02351 4/22/10 Re: I I I ocean St-Hyannis Dear Hyannis Building Department: Anderson Insulation installed the following work areas at the corresponding R-Values with Cellulose Spray in Place or loose fill material. f n 3 / Work Areas `-t R-Values V Exterior Walls Z�P'� 13.3 15.2 20.9 22.8 _ Rim Joists -13:3 152 20.9 22.8 Slopes 22. J. 30.4 34.2 38.0 _ Flat Roof Decks 22.8 30.4 34.2 38.0 Crawl Ceilings 22.8 '30.4 34.2 38.0 Overhangs 22.8 30.'4 34.2 38.0 Open Attic Areas 22.0 30.0 38.0 40.0 e Cellulose's enclosed cavity's R-Value is formulated by multiplying the R- Value per inch,which is 3.8,by the number of inches applied." Cellulose's R-Value=3.8 x Inches Applied The fiberglass that was installed has the necessary R-Values printed right onto the Face of them If there are any questions or concerns please do not hesitate to call 781-857-1000. Sincerely colt Williamson Kevin Robicheau Operations Manager Installer 1, n x • s, Y ✓"t � i5 alb i— C7/-D C ' OL Z7N y RQ AD CURB/EDP DN 0.42 SIDEWALK u� Ep GkAS� 02 �,••\y C�,'P8 __.. .._.._._... �F \ \ - GATE A GRASS• Z � � �� F ti, y I ��za '�j r ' • r\ __ `` '- ' "� .l2 GRASS. 41, Ale "RI +f���I t ' ������\l ••� ��"'f+'ti, r n 3 ff,; `��'�`�"i�"� � +'� �(i�,.tt( '`i,��.i �rni�lR�'y,' RE'''�'gI �� � \\ NC •E` 41441 0 C'P.4 r-� ff �I �' x, C:';, y .D ?M1T s4"ff r+ ✓� '` .�{. T r b •%r+... �4a-!P ....... C�����1 $ Iti.7�r'4St s.l,�t �� ,fl"i 1✓e4�' 11�'�'kr r 'l ) - "J.4 i� J'x� Jt a•APk v� si�,ff q.. y� 4 n 1 rk 7t R v- }� #C !!!tiM,1,.. i'1 -� by J ij +. "t• y „, t.t-"` n}, 16MM01 / I / 41101 O N\ {ryj n 0" I. a v �p�\ N Z C\ '�^�I ...gyp' 70 y \ Q GN _ N ti co 3 73 \ o� 'a. t} O ~ t. CZ CU I'dr t hjit; to 63 0 \ r d z r't '� :F�;' 3�0" a ikt f G 0 1 7\ �dg C, t O m / (TI i, •, . � w t9 ti 310 I— 3N01S .__...3yINda9 z U)O ALTERATIONS&ADDITIONS FOR. (n -U � N m IJ 9) f 11••••���� O N 111 o � TRUSTEES OF RUTH RUSHER'S ESTATE AR p 15 Cape Lane T CHITECTS Brewster Ma 02631 Dr O HYANNIS HOSTEL ®� Residential Commercial 508.896.0051 phone Z m 111 OCEAN STREET 580.896.6199 Sustainable Design www.apecoddfax esigner.com HYANNIS, MA 02601 c� . o4zOL ON y R0 CVRRIMP DN 0.42 e SIDEWALK ro £ O d 4 Slar4" k c' ED GRA SSt EO GRASS �' l t .� ~ I \ I MftijAliys 44 do \ t` \ \7Z Q� 'C) Sty T\ tit \� \ \ , to p `T1 t N tt �' } ��� �\ \ T, W -Z N \t N 1 . `� z \� N\\ 1 t , � o 1 1 l \ i. r UN 70 ro co p�q 9 / < /_ <.. ....._. C 0 C rXO \\f6 q Cl) \ w -3101 -Z A O y cn - _ � 17— cn Cn ' n -n p n " m 4 m x ' w A ALTERATIONS&ADDITIONS FOR' N � Xrn m TRUSTEES OF RUTH RUSHER'S ESTATE N -�- 15 Cape Lane -0 � _ A R C H I T E C T S Brewster MA 02631 D Z HYANNIS HOSTEL Residential Commercial 508.896.0051 Phone z G) 111 OCEAN STREET Sustainable Design www.c pecoddtesigner.com HYANNIS, MA02601 f,__......... 22�-8 ORIGINAL HOUSE 7'-1" 1950's to A ;�•. �� � I - i I . D I - D IN NN ro X � N O at X O Z^ t!) N r— �I Z r 0 0 0 0 I a ! \ N \\\ Z ........ \ \ —a r \\ \ \ \ \ \ 1.... .-_.. ._ \ \ \ ro 00 Do ... 00 00 Z US Cn C7 ; D G) M z > v o can IM to (n C ) (J) Cn CA : > IT 1 Z 0 � _ M p m m X„ - ALTERATIONS&ADDITIONS FOR- N --I m z 0 TRUSTEES OF RUTH RUSHER'S ESTATE 1r5 Cape Lane ARCHITECTS HYANNIS HOSTEL Brewster MA 02631 Residential Commercial 508.896.0051 phone z 111 OCEAN STREET 580-896.6199 fax Sustainable Design www.capecoddesigner.com HYANNIS, MA 02601 ..... _ _22'-8"ORIGINAL HOUSE _ 1950's ADDN p`C� \\,l \\\. O µ ro X, a , n x . . - - O _ cn tN Ifl 10 - - - x r cn _ x . m f p p N 10 � . _ - - Tic ., C -Cn J c O II1 c0 y O O m ro O � m o o O o L°..) z , 11 µ. I r ,_ II a o ci CO _ $ g C7 �. cn Z q V� © w.,W m p 0'D m : A : 22'-8"NEW EW PORCH mmm pxv ccmm ' R m zz p 03 \\\\\JJJJJ Z * ., � p - //O m 'ALTERATIONS&ADDITIONS FOR: F 0 r m f O NO i - Em TRUSTEES OF�RUTH`RUSHER'S ESTATE A (� 15 Cape Lane (J AR CHZTECTS .Brews er MA 02631 HYANNIS HOSTEL -- Residential Commercial 508.896.0051 phone. 111 OCEAN"STREET' Sustain 580-896.6199 tax Z able Design www'.'capecoddepigner.com HYANNIS;MA 02601 w� O Z ' I m , s j sr Cl) n • ' O o z..- 0I - -. r •� n 3tin� '0 —iyN —I --i —i —I W W a U` N0000me L7 �( l' - ,�i z VJ VJ Cn 00 = z 0 �_- O m G7 � c m �cn .co > � Z D G7 cn Za. m � . C ) Cn Cn C17 fA CA Cn Cn f j } 0 M U)0 y m ALTERATIONS&ADDITIONS FOR: 0 m 0 ARCHITECTS 15 Cape Lane 0 TRUSTEES OF RUTH RUSHER'S'ESTATE [LA/11 __ HYA .......__.�-___ Brewster MA 02631 -o NNIS HOSTEL Residential Commercial. 508.896.0051 phone 111 OCEAN STREET SustainableDesign 580.e96.6199 fax m z HYANNIS, MA 02601 ' www.capecoddesigner.co II : I _ ;..:, .I I.... 'II I_Ii . !i m_at J r_! 05 =O , ci D ! Z ,.....:II t- ITT I m f 4-- A Milli j !1 _i,I'tIItrII :� C MHIH O 1.� m Z z > I Im A. U', (rL ! � ; <!I +,i !4". jJ zo ,i- 4 . !IItt' 'I!!IiiI I;I , =0m Xz O lA r) mm ALTERATIONS&ADDITIONSCD I .r.. I- ,!F" I€t !(! JI}!IO!!- II!'! j: R.Ie: , : m 05 TRUSTEES OF RUTH RUSHER'S ESTATEm 15 Cape Lane Z pARCHITECTS co HYANNIS HOSTEL_ wr 02631 Residential Commercial - 508.896.0051 phone 111 OCEAN STREET www-ce fax Sustainable Designw.ww.capecododdesigner,com HYANNIS, MA 02601 ' Lu Lu (j BUILDING B: w . cn BEDROOMS: 3 Lu L O 00 1,0 OD TOTAL BEDS: 10 c I BATH , co � 3 BEDS-t100SF,,..-L TOTAL TOILETS: 2 z O TOTAL SINKS: ~ _— EMER.EGRESS, ' 2 F. F— O r IF REQ'D TOTAL SHWRS: 2 Q w w as LL o SIZE: 680 SF z o Q 3 BEDS-t100 SF 1l.I Q � _ () z LL 2 T = TITLE: . PROPOSED PLANS _ e PROPOSED 2ND FLOOR PLAN AS /a•®r—o- ��'EXISTING 2ND FLOOR PLAN U c � rn • - � c�c o x•in L c z ul o C, CO Q o ' N m 0CL Q c co co co r: • .. - r.... to O 3 3 co BATH �- N: ' x W. E ENCLOSED PORCH 4 BEDS-t110 SF (� co 14 u � 'CiC LL COMMON/HALLWAY DP - Mil v� •� �4 ���E�� �;�,��� �' 3 PROPOSED 1 ST FLOOR PLAN �a f A5 /s-r—o• t EXISTING 1ST FLOOR PLAN Date: 06,26.2007 i Sheet: I • I BUILDING B: 111 OCEAN STREET - SMALL HOUSE . 5 BUILDING C: FAMILY COTTAGE cn BEDROOMS: 1 p TOTAL BEDS: 4 it d w TOTAL•TOILETS• 1� TOTAL-SINKS: TOTAL SINKS: 1 z o � s TOTAL SHWRS: 1 _ A ..._ SIZE: 350 SF d w wCD COMMON! ., I- O ` FAMILY BEDROOM KITCHEN U} O Q U) d z i O CnZZ � Oo 00 ww L)) w ' U Z w tl1Zoz BATH ¢ °j TITLE° 00, PROPOSED PLANS e E O (_21 COTTAGE: PROPOSED PLAN m As ve• ,'-o- l COTTAGE: '1EXISTING PLAN cp= x 'm r o, Q,nrn o m g o a CD «? cp cD ca € U 3 . 3 1 �n Go co S co_ - BUILDING D: GARAGEISTAFF FISNG - � m � �, BEDROOMS: 2 .r� TOTAL BEDS: . TOTAL TOILETS: 1 W � � TOTAL SINKS: 1 O m ` TOTAL SHWRS: 1. S e . � SIZE: 400 F STAFF BEDROOM L # s t, \ x r r a �,/ � ++ N ir co W STAFF BEDROOM s ° Will 1 KITCHEN! COMMON AREA (( O STAFF BATH LLJ Date: 06.26.2007 & � a Sheet GARAGE: PROPOSED PLAN A6 ,/e.,'-o• (�31 BUILDING GARAGE: EXISTING PLAN t A6 /e•m,_a C (COTTAGE) & BUILDING D (GARAGE): 111 OCEAN STREET 6 ---- -- NEW 2X4 FRAMING AT SCREENED PORCH W WITH RO FOR NEW SCREENS 19'-63/. 23'-0"EXISTIN FOUNDATION 6'-6" --- - - -- -- - —- - - - W w - _- O o W� Z z AWN INING 3_� CO NE WOOD FLR co O Q � H C ? � wQ � Q ICB) B O > owe NEW C.O. z a Q STAI 2 u - NEW WOOD FLR BEDROO 1 AT EX'TG PANTRY (ACCESSIBLE) 5 BEDS- +/-190 SF T C U NEW WOO FLOOR o COMMON/DININ �? — — TITLE: Ow XISTING WOOD FL OR o z / — — -- EDGE OF EXISTING NEW RAILING, POST & BALLUSTERS NEW 8'-0"CASED OPN'G - HOUSE 1 ST FLR. PLAN AT EXISTING BRICK LANDING REMOVE DOOR& EXT'Gif _ O BSTAIRS rwi 08 iv ACCESSIBLE RAMP MAP & PARCEL: 326-045 OT 1'-2" 3'-0' EX 'G BUILT-IN a� 3' 3'-0' -.-- �`� NEW C.O. <., NEW C.O. Q 4 LETG NT. PORCH ) E 0 i c'3• Qj U N �' WOOD FLR � a) A3.1 UP � ❑ ❑ ❑ ; REF� 7F ID ENTRY � �� o rn \ o . 1 01 02 )8$'R& T I 1NEW-7 ILE WTIL O Q O O ( 9"T, EXT'GF -4=r I - O o � � I o - O co N co (fl cc b. 10CI OFFICE/ENTRY q U K TC E _ c c �t 3 cn 00 °D EXISTING WOOD FLOOR ``'wgA o �' N m 5 z z 1 o OE DESK ap _ Oi N o ° o BA TH o00 CD s T E N H 03 E 4 4 U N I U --I1 L PI _ _ (V 3 � o u � o /�^' U W U a 6' 3'-2" 74' 3'-2" o s A3.0 A3.0 1 2 2'-8" 8'-5" 16-11" 21'-03I" aU 6 2 F 0 PORCH ORIGINAL HOUSE-1910 1950E ADDITION 6-6'NEW o oFz � G biz TOTAL AREA CALCULATIONS: 1400 SF z�® � FIRST FLOOR PLAN FIRST FLOOR PLAN: �.� 1/4•_1,_0• Date: 1/26/2008 SECOND FLOOR PLAN: 1125 SF Sheet: ATTIC: 590 SF TOTAL 3115 SF I ING A: _ 111 OCEAN STREET - MAIN HOUSE 234'REB JILD ROOF,AS REQ'D yy w 3 „ o ° 2T-0/ NEW AD'iDITION �-�— ` � w "o 0 off 2"-9% `-1Y2„ 3'-2"° (� ' L <' � � � � > �, w O 0 6'-9f8' C° lLl oe TITLE: BEDROOM'2: BEDROOM 3 — — — 0° — 6 BEDS; t 205 SF 4 BEDS: t 127 SF — — — � — BEDROOM 5: EXT'G WD FLR r 2 N D FLOOR EXT'G WD FUR — — — — — 5 BEDS: ± 162 SF — — — NEW WD!FLR ^LAN 09 11' — — D 13R - UP 3-63/, 18 MAP & PARCEL 326-045 aC E i r O 1 ) DN 12 G 3R 17 NEW TILE - / � � � 3 ,/ ZC o HALL 2 NEW WO FLR a) � cs� 10 HALL 1 <C ; 0) 0-) 0 0. NEW WD FLR 14 00 4 cc) cu a© ao BEDROOM 4 \\ 13 Oco - 00 4 BEDS: 150'SF N m a _ ,✓� x EXT'G WD FLR -a" - ATH 4 / -BATH 3 0 N;EW TILE o NE TILE c)) o ., E 0o F d cu co 3 }I$,_7„ 2,_9 a 6'-8" o N Y� U O A3.Q A3.Q 1 2 z F V z d F PORCH ORIGINAL HOUSE-1910 21'-03,'NEW ADDITION: °-. F ssz U F— ¢uaV FV O� z�® SECOND FLOOR PLAN Date: 1/26/2008 Sheet: BUILDING A: A� 02 111 OCEAN STREET MAIN HOUSE W H H W z a o 2r-555" ol 1TOW T-103/4" 0 \ Qw � 20'-0"NEW ADDITION / .} w ° TITLE: " ATTIC PLAN MAP & PARCEL: 326-045 - - E ', CLOSET — — BEDROOM 7: rym r. 3 BEDS-174 SF +- c a m REMOVE EXT'G C MNEY 0 DN 13R NEW WD FLR N c � ate - _ HALL 3 a� FIN. 3 r-6 a" 4° P.' Q 3r-9a 6 " �' EW WD FL `:' �� . O BEDROOM 6: 3'=0"' c7 co a 2 BEDS: t 134 SF 22 < (or o NEW WD FLR ao co c6 G AA31 21 N - BATH 6 " / mom 1 1 R NEW TILE FLR' 0 3 ` co o a' L C y E a) Eo F 0' d F g � a N F 0 cn a) d 0 4 Z Z N Z V 6 2 F 0 F C 00 A3.0 A3.0 a �FZ 03s �Sz ua� �Td ATTIC PLAN zr® Date: 1/26/2008 Sheet: BUILDING A: ■ 111 OCEAN STREET - MAIN HOUSE