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Home My WebLink About0320 OCEAN STREET Sao �,J s7- _� MICHAEL MURPHY Steward i HYANNIS YACHT CLUB r 490 Ocean St.Hyannis,MA 02601 (508)778-6100 Cell(508)776-9225 Fax(508)778-6811 V To the Barnstable Building Commissioner, On behalf of the Hyannis Yacht Club, this is our annual request for permission to park cars and trailers at our Ocean Street property. The addresses are 320, 324, and 338 Ocean Street. We have for events this season. The Interclub regatta is 4/28, 29. We expect a maximum of 30 trailers. The Sunfish regatta is 6/16, 17. Again 30 trailers. Our annual regatta is 7/26-29. We anticipate around 60 trailers. The youth invitational is 8/8. Again around 60 trailers. These events last year did not require a police detail. We managed the lot with member volunteer very well last year. The time of year makes the first two small events easily managed. For the annual regatta, we expect trailer traffic the evening of the 26t", morning of the 27t", and l afternoon of the 29t". For the Youth Invitational we expect trailer traffic the evening of the 7tn, morning of the 81n, afternoon.of the 8t". Thank you for your time and consideration, Michael Murphy Club Steward 3UIL DING, DEPT APR 05 2016 TOWN OF BARNSTABLF SITE PLAN REVIEW STAFF MEETING. Scheduled for 3:00—4:00 p.m.,April 10,2018 Building Department Services 200 Main Street, Hyannis,MA APPLICATIONS: SPR 030-18 Hyannis Foreign Auto Sales AUTO 91 Rear Falmouth Rd, Hyanni Informal Map 311,Parcel 072 w/representative Zoning: HB/RB, GP Overlay Proposal: Class 1I dealership with repairs is proposed to continue under new ownership. No changes to the previous dealership plan or use of the buildings are proposed. SPR 031-18 Sampson's Folly =u.1 c Informal 40 Old King's Road, Cotuit w/applicant Map 022, Parcel 105 Zoning: RF, GP Overlay Proposal: Applicant is seeking to continue use of the property as a Bed & Breakfast for up to 10 lodgers as previously used and permitted. No changes to the site or building are proposed. Existing ZBA relief requires modification to be issued to a new owner of the Bed& Breakfast. 1 Mike Murphy From: Anderson, Robin <Robi n.Anderson @town.ba rnsta ble.ma.us> Sent: Wednesday,July 12, 2017 9:33 AM To: Mike Murphy Subject: RE:ocean st. lot Hi Mr.Murphy, I spoke to Jeff Lauzon,Acting Building Commissioner. He has informed me that he has spoken with Elizabeth Jenkins, Director of Planning concerning this matter. I am informed that they concluded that your request for parking during the two events may continue this year as it has been represented that the practice has occurred for the last 30 years. However, it is advisable for you to approach the permanent building commissioner next late winter or early next spring regarding a more permanent approval or solution prior to the events. Jeff is also requesting that you submit an official letter of request for this year including the dates of both events and the anticipated arrival of vehicles if predating the day of the event. Please identify the addresses,time of entry to the lots and time of exit. If the vehicles and trailers on Ocean Street are lining up and impeding the flow of traffic,Jeff is suggesting that a police detail may be necessary to direct the vehicles entering or exiting to and from the subject lot. You should also identify how many vehicles/trailers are normally accommodated,what the process is(do you have staff to direct parking on the lot?)and any other information that you believe should be considered and helpful. Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 -----Original Message----- - From: Mike Murphy [mailto:michael@hyannisyachtclub.org) Sent: Wednesday, July 12, 2017 8:49 AM To: Anderson, Robin Subject: RE: ocean st. lot Good morning Robin, I know you are working on this and I am very appreciative. My question this morning is should I be worried? From:Anderson, Robin [ma i Ito:Robin.Ander'son@town.barnstable.ma.us] Sent: Friday,July 7,2017 1:11 PM To: Mike Murphy<michael@hyannisyachtclub.org> Subject: RE:ocean st. lot The building commissioner retired yesterday,without responding to my email. Jeff Lauzon is now the interim commissioner for the next few weeks until our permanent commissioner is able to come on board. I have forwarded your request to Jeff and filled him in quickly on the background. He agreed to explore whatever option may come to light. In the meantime,can you please provide.me with the proposed addresses and dates,again so I may inform Jeff accordingly? Thank you. ORO& Robin C.Anderson Zoning Enforcement Officer 1 f To the Barnstable Building Commissioner, On behalf of the Hyannis Yacht Club, this is our annual request for permission to park cars and trailers at our Ocean Street property. The addresses. are 320, 324, and 338 Ocean Street. We have for events this season. The Interclub regatta is 4/28, 29. We expect a maximum of 30 trailers. The Sunfish regatta is 6/16, 17. Again 30 trailers. Our annual regatta is 7/26-29. We anticipate around 60 trailers. The youth invitational is 8/8. Again around 60 trailers. These events last year did not require a police detail. We managed the lot with member volunteer very well last year. The time of year makes the first two small events easily managed. For the annual regatta, we expect trailer traffic the evening of the 261", morning of the 271", and afternoon of the 29t". For the Youth Invitational we expect trailer traffic the evening of the 7t", morning of the 81n, afternoon of the 81n Thank you for your time and consideration, Michael Murphy Club Steward i AR o5 1 MICHAEL MURPHY Steward PP", HYANNIS YACHT CLUB 490 Ocean SC Hyannis,MA 02601 (508)778-6100 Cell(508)776-9225 Fax(509)77"811 j I HYANNIS YACHT CLUB 490 Ocean Street • Hyannis,Massachusetts 02601 • (508)778-6100 • FAX(508)778-6811 Thank you for your consideration of our request for approval of our use of the property at 320 Ocean a Street Hyannis for the parking of boat trailers during our up-coming Regattas.The first event is the Hyannis Yacht Club Regatta to be held on July 28-3o and the second smaller event is the Hyannis Youth Invitational Regatta will be held on August 9th. The specifics are as follows: The Hyannis Regatta on July 28-30 generally does get some boats arriving on Thursday the 27th,but they are limited to arrival after 4 pm so as not to interfere with the Barnstable Recreation use of Veterans Beach.Upon;arrival after 4 pm,the trailers that bring those boats would be directed to the Ocean Street lot at 320 Ocean Street by Yacht.Club volunteers during the hours of registration(4 pm until 7:30pm).. There will be volunteers on site at both the Yacht Club and the 320 Ocean Street lot during those hours to ensure that the trailers are parked within the lots and in an orderly manner. Beginning about 7 am on Thursday and at about 6 am on Friday the balance of the boats will be arriving and again,the drivers will be directed to drop boats at the Veterans beach front reserved area and then promptly remove the trailer to the 320 Ocean Street lot,where Yacht Club volunteers will be directing the parking of the trailers. it is anticipated that we will have 50 to 75 trailers at the 320 Ocean Street lot when the lot is at its fullest. In preparation of the trailer's arrival,we will be marking the lot with stripes to ensure that the trailers are parked in the most efficient manner. The departure times will begin at approximately noon on Sunday July 3o and should be clear of the 320 Ocean Street lot by 5 pm.We have staggered the conclusion of the races so that only some boats will be returning at any given time in order to limit the impact on Ocean Street traffic as the trailers move to the Yacht Club.We will also have volunteers present at the 320 Ocean Street lot and at the Hyannis Yacht Club and at Veterans Beach to monitor arrivals and departures. We have also requested a police detail be assigned to the area through Patty Machado at Barnstable Recreation. The Hyannis Youth Invitational Regatta on August 9 is a one-day event of much smaller proportions.We expect arrivals in the morning about 9 am and departures beginning at 3 pm.Again,we will have Yacht Club volunteers at both the Club and the 320 Ocean Street lot to oversee arrivals,placement of the trailers and their departure. Please contact our General Manager,Ali Mahra at 5o8-778-6ioo x 350 or me at 508-364-0263 in the event that you have any questions or require additional information. Thank you again for your assistance. Sincerely �� I 11� l Cha es M.° Commodore, i own of tsarnstaaie Regulatory Services pptHe tpk� Richard V.Scali,Director Building Division RMWST"LE. : Paul Roma,Building Commissioner MASS. 9�A 1639. ,0� 200 Main Street,Hyannis,MA 02601 TED Mp`l A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Hyannis Yacht Club, Inc. & all members, and all persons having notice of this order. As owner/occupant of the premises/structure located at 320 Ocean Street,Hyannis, MA 02601 Map 325 Parcel 053-002,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,August 4, 2016 , to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 A(1) RB Zone- Single Family.Zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Storage and parking of boats, trailers and vehicles on vacant undeveloped ' residential lot in single family RB zone. Remedy: Relocate all vehicles to appropriately zoned location and satisfy all licensing requirements as necessary. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws).. If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. y ord�, Robin Anderson Chief Zoning Enforcement Officer Q/FORMS/viozonel i Official Website of The Town of Barnstable - Property Lookup Page 1 of 3_ Select Language Assessing Division Property Lookup Results - 2016 367 Main Street,Hyannis,MA.02601 <<BACK TO SEARCH<< Print Friendly Owner Information-Map/Block/Lot:3251 053/002-Use Code:1300 Owner Owner Name as of HYANNIS YACHT CLUB, Map/Block/Lot GIS MAPS 1/1/15 INC 325/053/002 OFF OCEAN ST Property Address 320 OCEAN STREET HYANNIS;MA.02601 Co-Owner Name Village:Hyannis Town Sewer At Address:No GIS Zoning Value:RB Assessed Values 2016-Map/Block/Lot:32510531002-Use Code:1300 2016 Appraised Value2016 Assessed Value Past Comparisons Building $0 $0 Year Total Assessed Value: Value Extra $0 $0 2015-$242,400 Features: 2014-$242.400 2013-$242,400 Outbuildings:$0 $0 2012-$242,400 2011-$242,400 Land Value: $250,100 $250,100 2010-$247,600 2009-$248,700 2008-$281,400 2016 Totals $250,100 $250,100 2007-$281,400 Tax Information 2016-Map/Block/Lot:326 053/002-Use Code:1300 Taxes Hyannis FD Tax $605.24 (Residential) Fiscal Year 2016 TAX RATES HERE Community Preservation $69.85 Act Tax Town Tax(Residential) $ 1 2,328.43 $ 3,003.52 Sales History-Map/Block/Lot:325/053/002-Use Code:1300 I http://www.townofbamstable.us/Assessing/propertydisplayscreen 16.asp?ap=0&searchparce... 8/4/2016 L f Parcel Detail Page 1 of 2 �. �* �.#'I a yr ' "e�+fr�iE✓.�/`� .;lam.+' e '. r Logged to As: Parcel Detail Friday,July 29 2016 Parcel Lookuo Parcel Info _ ___-----_._ Parcel ID 325-053-002 Developer Lot LOT 2 � � Location 320 OCEAN STREET Pri Frontage Sec Road a Sec Frontage Village RHyannis Fire District FHYANNIS /� Town sewer exists at this address O Road Index 1133 R /�a 1 Interactive Map Owner Info _ HYANNIS YACHT CLUB.Co_.. ;:,,,, �,w.,,,......, Owner Owner streets DOFF OCEAN ST �street2 uty HYANNIS, I state MA <.,.,�zip 02601 ��country k„ <,-.,.----., Land Info ..... ......... ._ ......._... ......... ................. .......... _ .... __.... ........._ ...... ..... Acres :0.35m� Use[Vac LandDL M -00 1 zoning RBM righbd 0109 r f Topography -'7'----1 Road I Utilities, Location F-:�� Construction Info Permit History Issue Date Purpose Permit# jAnnount insp Date 1cornments W Visit History Date Who jPurpose Sales History Line Sale Date Owner Book/Page Sale Price 1 7/15/1986 HYANNIS YACHT CLUB, INC 5204/70 $1 2 FINDLAY, HUGH C_ 2355/127 $0 11 Assessment History Save Building Total Parcel # Year Value XF Value OB Value Land Value Value 1 2016 $0 $0 $0 $250,100 $250,100 2 2015 $0 $0 $0 $242;400 $242,400 3 2014 $0 $0 $0 $242,400 $242,400 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=27009 7/29/2016 I Parcel Detail Page 2 of 2 4 2013 $0 $0 $0 $242,400 $242,400 5 2012 $0 $0 $0 $242,400 $242,400 6 2011 $0 $0 $0 $242,400 $242,400 7 2010 $0 $0 $0 $247,600 $247,600 8 2009 $0 $0 $0 $248,700 $248,700 9 2008 $0 $0 $0 $281,400 $281,400 11 2007 $0 $0 $0 $281,400 $281,400 12 2006 $0 $0 $0 $207,000 $207,000 13 2005 $0 $0 $0 $190,000 $190,000 14 2004 $0 $0 $0 $149,900 $149,900 15 2003 $0 $0 $0 $67,600 $67,600 16 2002 $0 $0 $0 $67,600 $67,600 17 2001 $0 $0 $0 $67,600 $67,600 18 2000 $0 $0 $0 $44,100 $44,100 19 1999 $0 $0 $0 $44,100 $44,100 20 1998 $0 $0 $0 $44,100 $44,100 21 1997 $0 $0 $0 $27,200 $27,200 22 1996 $0 $0 $0 $27,200 $27,200 23 1995 $0 $0 $0 $27,200 $27,200 24 1994 $0 $0 $0 $48,900 $48,900 25 1993 $0 $0 $0 $48,900 $48,900 26 1992 $0 $0 $0 $54,300 $54,300 27 1991 $0 $0 $0 $61,100 $61,100 28 1990 $0 $0 $0 $61,100 $61,100 29 1989 $0 $0 $0 $61,100 $61,100 30 1988 $0 $0 $0 $22,600 $22,600 31 1987 $0 $0 $0 $22,600 $22,600 Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=27009 7/29/2016 r Lai 4 .�,. .�.�—�,r., -- -�a..t,.#.• ^. `;�. ° « v n k{}t I 3 p} i g , : A� ■ v .L •4 F� 77, MEL- 1L ' lu i r, ^ µ i A_ Y' 1 M I 222 Y � � a e „ ys S'rs r t y � k .o7Y+ 1 l ' i it r. f r T Air -77 .� le1 .�w ;• 1 �a P,ss ,r t t• s n7i a •. S1^ r } `--.r�`�"--"`ham'- �.�� W y� �, e �1 s� •yy�_ _ .. ,._ *�.�- ..�_a,... _ _ 7� e w r 1 1 r =1 uu � W yw � x � o 94 f4 43 'pe k Y f a � r. x� r ' F ' 4 3 n G � a. tFw, e � s a , IT— ja ^._.. TV x. 1x Yachtsman Condominiwn Trust TOWN o� BARR,ISWE,1 E Board of Trustees 4 r_• 9; 3 500 Ocean Street 2013 SUN Hyannis, MA 02601 June 12 2013 lF , _ DI'� �°:a= - Mr.Thomas Perry Town of Barnstable Building Department Mr.Rob Gatewood Town of Barnstable Conservation Commission Mr. Thomas A.Mckean Town of Barnstable Board of Health -Delivered by Hand- RE;yNew Building/Hyan is Yacl t.,Club Dear Sirs: This letter is to follow-up concerns we expressed to you in a June 3,2013 letter. At that time,we explained our concern regarding a new building that the Hyannis Yacht Club C HYC') constructed within feet of the high-tide mark on Lewis Bay. The building,which is a fully- enclosed,plumbed and commercially ventilated wooden structure,is an obtrusive,noisy structure that has adversely impacted the quiet enjoyment of our property. We have attached a transcript from the Conservation Commission hearing at which the HYC received permission to construct this building. We note that the building was not vetted either by the Zoning Board of Appeals or the Board of Public Health. Most remarkably,the HYC misrepresented the scope of the change to the site. Their representative said there would be no change to the ground: Commissioner Morin: But what's on the ground is not going to change? RYC:No._No there is no intention of changing anything on the ground. This is just replacing a worn out tent structure. This is wrong. The HYC replaced the existing brick patio with a much larger concrete pad that now serves as the slab foundation for this building. Additionally,the HYC represented that the building"would not be an enclosed cabin- type situation. " In fact,as you can see from the photographs we had attached to our earlier letter,the building is precisely a enclosed cabin-type situation. Moreover,there was no discussion at all about the permanent plumbing that serves the building,nor was there any discussion regarding the extremely large commercial ventilation system(which resembles a jet- engme). Page Two HYC Building June 13,2013 For twenty years,the HYC"Summer Grill'was precisely that—a series of outdoor grills located on a brick patio. Now the HYC"Summer Grill"is a fully functioning restaurant building with plumbing,electricity,and commercial grade ventilation that is completely enclosed. Can this be right? Can it be appropriate that a restaurant can be constricted within feet of the hide- tide mark? Can this be what the Conservation Commission intended to approve in a five-minute hearing? After reading the transcript ofthe hearing,the only answers to these questions is a resounding"NO!" We look forward to the appropriate resolution from the Conservation Commission,the Zoning Board of Appeal and the Board of Health. This decision,granted by a Commission not afforded an opportunity to understand the actual facts,must be reviewed. Such a review must be done at an open meeting with notice to abutters. The transcript speaks for itself. We ask for your help to protect beautifiil Lewis Bay and its adjacent beaches. As before,please feel free to contact Joyce Flavin(978)302-4130 with any questions and concerns. Sincerely, D-I f Steven Patalano,MD,President,Unit k3o Donna Jahbcrt atalano,Vice President,U t 31 J Joy avin, STetarylClerk,Unit 134 I EncJTranscript of 021213 Conservation Commission Meeting Item F Town of Barnstable Conservation Commission Transcript of Feb. 12,2013,Meeting. Item F: Hyannis Yacht Club SE3-4716"Additions-Replace Outdoor Grill" [35:45 start time on video] Steven Wilson,P.E.:Good morning. If you have been to the sight,the patio side/water side,this little area here that is brick is where the existing summer grill has been for a long number of years. It's,uh,gotten a little bit worn out and they want to replace it This is the existing. They want to replace it Right now it is a pipe frame with a little bit of wood. They want to replace it with a wood structure that would be open. It would not be an enclosed cabin-type situation. Um,slightly larger and that's the request for revision that we're asking. Chairman Dennis R.Houle: Okay. Any comments Rob [Gatewood,Conservation Administrator] from you on this? Conservation Administrator Gatewood: I just want to get that photograph. And this just shows existing conditions? Mr.Wilson: That's,ah,yea,I took that a couple of weeks ago after one of the snowstorms. Chairman Houle: [Commissioner] Larry[Morin]? Commissioner Morin: Is there a concrete pad there that has been there for all these years? Is that what it is? Mr.Wilson:Yeah. Well,there's a concrete pad and there's an area that was brick.They laid down brick and that's where the summer grill has been for at least 20 years. Commissioner Morin: So what is going to be...this is a slight expansion. What of the existing is going to remain? And then is it expanded beyond it? Or is it going to be pulled up and redone? Mr.Wilson:No,they're going to get rid of the metal pipe frame structure and use wood instead. Commissioner Morin: But what's on the ground is not going to change? Mr.Wilson:No. No there is no intention of changing anything on the ground. This is just replacing a worn out tent structure. Board: Motion to approve. Seconded. Approved unanimously. [Hearing Ends at 39:49] Recorded Minutes from Town of Barnstable Website Hyannis Yacht Club SE3-4716 additions replace outdoor grill The applicant was represented by Steve Wilson,P.E. Issues discussed: - The revised plan was displayed and noted as Exhibit A- - Photos of the existing conditions were presented and noted as Exhibit B (1- 2). - No concerns arose. A motion was made to approve the revised plan Seconded and voted unanimously. t: -HYC Beach Grill Building 2012 2012 No Grill or Platform Summer 2012 —with Beach Grill TENT Erected ' • y f r�' ^.A*,.,�'�. af�° x w*("�a.,+N- �.:� >� 1 � z t p �" '� r. Y. �• �'""''� '� ,S t,#'+. �4a r.:ya >a� ?"' �'�'� �x+�u4a+., �'�. ti(,��A°r» �,,.,'" ,r ,., .�f;�a^��+,n '� .�'� 7� :. . ?•. �� ' ,�', � I+.'`v :�Sd}a 1! ra{Au�;M1ti,,t r�� g � b y `g' E i 3 y � r .ti yyyy � f�• r : AN t n`n"7f WP 7 t2 ., � �� eMee7 r{�+p��p��'"yaG + a ,, tl^ y d,«•Xn. "` z. a� �' i' ��Yfi�ez'�� '. {{ R t �7 ��r+ � �� ^ � r t w.�l�J�' F� z - �.s:' �,�,� � �#7�� ,�jn'•�� ," r .�� F,�� fi �r.,f:� �ia,�1 % �F?r!'F°'.�i+•. ^�-��M * �4''ry � „yn;rt s � �� r�,�:" ,. >r� .:� . �� '' r 's ° ,� y..; �� yr,�3L'� i �, 3a" ' 4 t•-.- �. �� s+e ��°� wa � 'ta �� < - w N r �", >1 : $ A xY+1 .. f:` � t � rs Y z� � ~ti "W�• �'37 K ' Xw: �s yy �Pkllh aR,`^y'r '± a 4a ;,."`ram' fA 1�e�� v�r�`4•' i �1 ''u r � 1��i raP ':jA f>�kiN��I A ,.-.t�p4,1 ,s`' ,r,� +y+ @�3��e +tU,p t', r`��"y Yachtsman Condominium Trust Board of Trustees 500 Ocean Street Hyannis,MA 02601 June 3,2013 Mr.Thomas,Perry Town of Barnstable Building Department Mr. Rob Gatewood Town of Barnstable Conservation Commission Mr.Thomas A.Mckean Town of Barnstable Board of Health Dear Mr.Perry,Mr.Gatewood,and Mr.Mckean: We are writing as owners,trustees,and neighbors at the Yachtsman Condominium to express our deep concern about the new beach grill the Hyannis Yacht Club("HYC")erected on the beach this past spring. The beach grill is an obtrusive,noisy structure that has adversely impacted the quiet enjoyment of our property. As you can see from the attached photographs,the beach grill appears to be a permanent and immovable structure.It is quite large and heavy and sits on a concrete slab on grade.The oversized ventilation system was installed at the south side of the beach grill angled directly at our property.This results in significant noise and smell emanating across our entire beachfront property. We understand that the only approval the beach grill may have received was from the Conservation Commission at a hearing at 8:30 am on February 12,2013 as a revised plan SE3-4716.We understand that minor modifications to previous plans do not require abutter notification.However,we believe that this new structure clearly represents a major modification to any previous plan and that as abutters,the Massachusetts General laws require that we be notified in writing of the hearing and of any certified decision so that we may appeal if we so choose.We were not notified of a hearing or a decision. We are not zoning or building code experts,so we apologize in advance if any of the below is incorrect. Based on our cursory review of the various codes,we would also like to note the following: Building,Zoning and Conservation ➢ The HYC is located in the RB zoning district,which only allows single family homes as of right (Section 240-11).A number of conditional and accessory uses are permitted by special permit, none of which are remotely similar to a temporary or permanent beach grill.We therefore assume this structure would.require a variance from the ZBA. ➢ The HYC may try to claim that the beach grill is a temporary structure.While we would fervently ` refute this claim,nonetheless the zoning code does not permit temporary beach grills in this District(Section 240-9) D Section 240-10 states the following is prohibited in all zoning districts: o "Any use which is injurious,noxious or offensive by reason of the emission of odor, fumes,dust,smoke,vibration,noise,lighting or other cause. o A tent maintained or occupied for living or business purposes,except as permitted in§ 240-9D above.[Amended 2-22-1996 by Order No.95-194]" Due to its significant adverse impact on our property,we claim that the beach grill,as currently configured,violates Section 240-10. ➢ The structure was constructed on a slab on grade with underground plumbing in the slab.The underground plumbing appears to align with the beach grill'permanent plumbing fixtures. Despite this significant work,according to the Building Department,there is no record of the issuance of a building permit for this structure. In addition to the injurious impact the ventilation system causes our property,we are also concerned ,about the system's discharge onto the dunes along our property line.We believe the system,as configured,will adversely impact the protected sea grass beds by discharging noxious odors and grease onto the dunes. Noise and Ventilation ➢ As you know,the Barnstable Noise Ordinance states that any noise that carries beyond 150'of a property line is in violation of the Ordinance.The noise from the ventilation system carries far beyond 150'. ➢ We assume the ventilation system is subject to the Massachusetts State Building Code 8t' Edition/2009 International Building Code(IBC).We believe that the ventilation system is in violation of Sections 501 and 506 of the International Mechanical Code,including the following: o If a Type I hood is required,Section 506.3.13.2 of the IMC states"Exhaust outlets shall be permitted to terminate through exterior walls where the smoke,grease,gases, vapors and odors in the discharge from such terminations do not create a public nuisance..."We would argue that the exhaust outlet is creating a significant public nuisance.In addition,Section 506.3.13.3 of the IMC states that"[Exhaust outlets]shall be located not less than 10 feet(3048 mm)above the adjoining grade level."We believe that the exhaust outlet may be less than 10 feet above the adjoining grade level. o If a Type II hood is required,Section 506.5.3 of the IMC states that"An upblast fan shall be hinged and supplied...The ductwork shall extend a minimum of 18 inches(457 mm) above the roof surface.As stated previously,the ventilation system is a side venting system. o Section 501.3.1.1 of the IMC states that"Exhaust air shall not be directed onto walkways."The HYC's vent discharges onto a walkway on which their sailors frequently traverse with their small boats on manual trailers. Based on the above regulations,it appears the HYCs beach grill is violating both the Barnstable Noise Ordinance as well as the Building Code. Background Mr.Jason Korb,an owner of Unit 112 at the Yachtsman,met with Mr.Patrick Franey from the Building Department on Friday, May 31.Since no building permit was obtained,Mr.Franey was not aware and appeared surprised that the HYC constructed this structure.At his meeting with Mr.Franey, Mr.Korb filed a written complaint with the Building Department.On Saturday,June 1,Mr.Korb met with Mr.Wes Richardson,the general manager of the HYC,to discuss our concerns.Mr.Korb then followed-up with Wes with an email the same day providing the name of Mr.Korb's acoustical.consultant and providing a number of questions,many of which echo those above.Mr.Richardson indicated that he would attempt to expeditiously find answers to the questions.On Monday,June 3, Mr.Korb and Ms.Joyce Flavin,a trustee and owner of Unit 134,met with Mr. Franey,Ms. Darcy Karle(ConCom),and Mr.Donald R. Desmarais(Health)_The above concerns were expressed to them,a copy of Mr.Korb's email was provided to them,and they pledged to look into these issues.Mr.Franey indicated he would be visiting the HYC that same day. Conclusion We are writing to request that your departments reexamine the beach grill's construction and provide a determination as to whether the beach grill was legally constructed.If it was not legally constructed,we request that you require the HYC to remove the structure and that the HYC resubmit new plans that conform to Barnstable Zoning and Conservation regulations as well as the a Edition of the Massachusetts Building Code.We would like to work with the HYC as good neighbors but also do not condone the illegal construction of a structure. We greatly appreciate your assistance in this matter_We would especially like to mention that your staffs have been incredibly accessible,thoughtful,and responsive.Please feel free to contact Joyce Flavin (978)302-4130 with any questions. Sincerely, Steveelano, ,President, Unit 130 Donna Patalano,Vice President,Unit 31 a. avin,Secrets jGerk,Unit 134 anon Korb,Unit 112 s76�r� ,, ' '� '1; g¢'hY ��y q, ,C'� �sg_ L E ,• . wt rR, :. ,��Iu� �+,y� ,7 Y Ye,'M.rw. �4�'s'r ?:*��f Y, •�Sr�, ?f, .ars 1 z. t�� 'lea 3 fa3' '.'7 '+�l.r �;a � "` .. '�,�:•, ,#. Ys ee. �� ba. Y. .m f A 'F spa ,a:� ' 4or. r�,�+n� �IC a '�� ,�tif+�.�'. ,�;: ha i ';. ��, !„��'#w� 1 3� •: .. ry �- ,.N h :. �j,.; ,;,'� .,; ,rinc�'°an s-` piv: 4 i;'"t�'y �� p:'.;� h. s .. .'a�tNl+d�;•�. d�1'.,:�� Pt.�r~r��t s es J:.. + t+ S,�� a ° Y s t In p 4 ay: 7 e..�YY f� 4 �j h +.y 7 -'t°, Y.f tl 1.'� �Irf-. 1�« i t Y'f 4'T 5' S.i '" � �9^"�` �i �'•T Y, .1 ..... ...:,. ,..: i..i. » , ;. 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