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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, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall)and get the Business Certificate that is
required by law. '
DATE: Qa Q617 Fill in please:
APPLICANT'S YOUR NAME/S: /3u, '
" BUSINESS YOUR HOME ADDRESS r sy`- H tZ u 11vl,' S 14 SS C) oUG
TELEPHONE # Home Telephone Number t�GSs-95'2 - 6 3 S"jo
NAME OF CORPORATION:
NAME OF NEW BUSINESS ,l L5 S C. TYPE OF BUSINESS v G r
IS THIS A HOME OCCUPA IO ? tom' YES NO G
ADDRESS OF BUSINESS ( S' u�?✓!r' o v MAP/PARCEL NUMBER �0 L ✓ (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 busine n this wn.
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1. BUILDING CO 4se
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This individ a e a y pe it requirements that pertain to this type of business.ed Signa ** , A&rOt._hw)e_occ'_1
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2. %AID D 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:
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Ze Town of Barnstable-. Experience in building cleaning,
tion of education and experience. General knowledge of
moderately physical labor are required..
n of Barnstable application for each position desired to:
,230 South Street,Hyannis,MA 02601 1
n of Barnstable's website: htta://www.town.barnstable.ma.us
unity Employer that welcomes applications from individuals
e culturalðnic diversity.
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FILE COPY ONLY!,
Town of Barnstable NOT RECORDED AT
Zoning Board of Appeals i REGISTRY OF DEEDS
Decision and Notice
Appeal Number 1999-49-Degioanni/Reynolds T
Use Variance to Section 3-1.1(1) Principal Permitted Uses
Summary: Granted with Conditions
Petitioners: Lucien Degioanni and Susan Reynolds d/b/a The Carriage Trade
Property Address: 26 Pearl Street, Hyannis
Assessor's Map/Parcel: Map 326, Parcel 016
Area: 0.13 acre
Zoning: R13-1 Residential B-1 Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property that is the subject of this appeal consists of a 0.13 acre lot commonly addressed as 26 Pearl
Street in Hyannis. The site is improved with two structures; a two-story single-family residence of
approximately 1,775 sq. ft. and a 360 sq. ft. detached garage structure. The property is located in a RB-1
Residential Zoning District and is serviced by Town water and sewer.
The applicants are seeking permission to convert the first floor of this single-family dwelling to a retail
shop and maintain the second floor as residential use. The applicants are also proposing some site
modifications to include the demolition the existing garage structure to accommodate parking.
Retail shops are not an allowed use in the RB-1 District. The applicants are, therefore, requesting a Use
Variance to Section 3-1.1(1)of the Zoning Ordinance- Principal Permitted Uses-to allow a retail shop on
the first floor of the existing building with a residence on the second floor.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
February 24, 1999. A 60 day extension of time for holding the hearing and for filing of the decision was
executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of
Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The
hearing was opened April 21, 1999, at which time the Board granted the requested Use Variance with
conditions.
Hearing Summary:
Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson,
and Chairman Emmett Glynn. Attorney John Alger represented the applicants, Lucien Degioanni and
Susan Reynolds, who were present.
Attorney Alger addressed the Board and reported the petitioners currently own and operate, The Carriage
Trade, a dress shop on Pearl Street. They recently bought the dwelling next door and are seeking
permission to maintain that historic building as a retail shop (in conjunction with The Carriage Trade) and
maintain the second floor as residential use. The property is located in an RB-1 Residential B-1 Zoning
District where retail is not a permitted use, however, this area is a mixed use area. Of all the property
f
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1)Principal Permitted Uses
located within 300 feet of the subject, there are only two single family residences-the locus and a house
on the corner of South & Pearl Streets. The subject property is surrounded by a restaurant and nightclub,
a dress shop, retail shops, a doctor's office, a beauty salon, a modeling/finishing school, the Sturgis
Charter School, a parking lot and a multi-family dwelling consisting of three apartments. The subject
property has been "cleaned up" and an old garage structure was removed. The dwelling structure was
painted the same color as The Carriage Trade.
As to traffic considerations, a retail shop of 700 square feet would generate approximately 30 trips per day
-little additional traffic. There will be one employee and the owner.
The parking site plan has been changed slightly so as to conform with the Town's new parking
regulations. The revised plan was submitted to the file. Although two spaces have been eliminated, there
is still adequate parking on site. If the Board requires it, they will return to Site Plan Review to get this
new plan approved. This new plan also needs the approval of the Hyannis Main Street Waterfront
Historic District.
This site is unique in that it is zoned residential but the area is mostly- if not completely-commercial in
use. The use of this site as a retail use is within the spirit and intent of the Zoning Ordinance and because
this is a similar use to the surrounding area, it would not represent a substantial detriment to the public
good or the neighborhood affected.
Public Comment: Speaking in support was Saunie Whitney, a direct abutter. No one else spoke in favor
or in opposition to this appeal. Submitted to the file were letters of support from the Town of Barnstable
Economic Development Commission (EDC), Puritan Clothing of Cape Cod, Ace Bradford's Hardware,
Inc., Nantucket Trading Co., By Design, Caffee Dolci, and Artifacts.
Findings of Fact:
At the hearing of April 21, 1999, the Board unanimously found the following findings of fact as related to
Appeal No. 1999-49:
1. The Petitioners are Lucien Degioanni and Susan Reynolds. The property in issue is 26 Pearl Street,
Hyannis, MA as shown on Assessor's Map 326, Parcel 016. The site is 0.13 acre and located in the
RB-1 Residential B-1 Zoning District and the AP Aquifer Protection Overlay District.
2. The site is improved with two structures; a two-story single-family residence of approximately 1,775
sq. ft. and a 360 sq. ft. detached garage structure-the garage has since been removed.
3. The applicants are seeking permission to convert the first floor of this single-family dwelling to a retail
shop and maintain the second floor as residential use.
4. Retail shops are not an allowed use in the RB-1 Residential B-1 Zoning District. The applicants are,
therefore, requesting a Use Variance to Section 3-1.1(1) of the Zoning Ordinance- Principal
Permitted Uses. -to allow a retail shop on the first floor of the existing building with a residence on the
second floor.
5. It has been documented that the surrounding area is commercial in nature with a restaurant and
nightclub, a dress shop, retail shops, a doctor's office, a beauty salon, and schools being some of the
businesses within the immediate area.
6. The only abutter to speak was the owner of the only other single family residence in the area and she
spoke in favor of the proposal.
7. A concept plan to rezone this area of downtown Hyannis was approved by the Town Council. One of
the primary goals of the proposed re-zoning is to retain the historic structures in this area. Retail use
is recommended as-of-right within existing historic structures. The building in question is an historic
structure, having been constructed around 1918.
8. This proposal is a low traffic generator. There is ample parking on site.
9. The relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1)Principal Permitted Uses
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject
to the following terms and conditions:
1. The property shall be developed in accordance with the submitted site plan titled "Parking Site Plan at
26 Pearl Street, Hyannis, Mass. for Susan Reynolds" dated October 26, 1998 and last revised on
April 13, 1999. This site plan must be approved by Site Plan Review.
2. Use of the existing building shall be limited as follows:
First floor-shall be restricted to one retail shop as presented to the Board.
Second Floor-shall be restricted to one(1) single-family residential unit.
Attic-the unfinished portion of the attic space shall remain unfinished.
Basement-shall remain unfinished and shall be used for storage only.
3. The existing building on this site shall not be expanded in footprint nor in total area without permission
from the Zoning Board of Appeals.
4. One sign not to exceed eight(8) square feet in area shall be permitted on site.
5. All exterior changes, to include any signage, must be approved by the Hyannis Main Street Waterfront
Historic District Commission.
6. The locus shall comply with all Health Division and Building Division regulations and all requirements
of the Hyannis Fire Department.
7. The use of this dwelling shall be limited to a retail use related to the use on the adjoining lot. The two
lots will have a similar type of use.
The Vote was as follows:
AYE: Gene Burman, Ron Jansson, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn
NAY: None
Order:
Use Variance Number 1999-49 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Emmett Glynn, Chairman Date Signed
Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision.and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this���L d of under the pains and penalties of
perjury.
Linda Hutchenri er, Town Clerk
3
ti
Planning Labels 30-Mar-99"
RefNo mappar ownerl owner2 addr city state zip
49
308 079 259 NORTH ST LIMITED PARTNE 297 NORTH ST HYANNIS MA 02601
308 080 BOUCHER, PHYLLIS TRUSTEE PHYLLIS S BOUCHER TRUST 2039 CLUB DRIVE VERO BEACH FL 32963
308 081 001 ASSURED CORP 447 MAIN STREET HYANNIS MA 02601
308 081 002 BARNSTABLE, TOWN OF (MUN) 367 MAIN STREET HYANNIS MA 02601
308 087 AMERICAN NATIONAL RED CROSS SOUTH STREET HYANNIS MA 02601
308 088 MARCELL, RAYMOND F %MCWILLIAMS, ALEXANDER H . 105 CHASE ST W HARWICH MA 02671
308 089 OSULLIVAN, DANIEL F TR MARY REAL ESTATE TRUST PO BOX H HYANNIS MA 02601
308 090 259 .NORTH ST LIMITED PARTNE 297 NORTH ST HYANNIS MA 02601
309 218 SELENKOW, DOLORES S TR 155 PAULSON RD NEWTON MA 02158
309 219 ACME LAUNDRY COMPANY LLP %GEORGE, THOMAS.N & ALICE M TR 17 THACHER SHORE RD YARMOUTHPORT MA 02675
309 221 PENN, MILTON L & PENN, HOWARD K DBA TONELA RD CUMMAQUID MA 02637
309 223 FLEET BANK OF MASS %RM BRADLEY & CO INC 19 PLEASANT ST MAIL STOP: MA-M WOBURN MA 01801
326 006 HADDLETON, RUSSELL. E 251 SOUTH ST HYANNIS MA 02601
326 007 ROMAN CATHOLIC BISHOP OF FR %MICHAEL K MCMANUS P O BOX 2577 FALL._RIVER MA 02722
326 011 GODOY, MARION B %GODOY, SUSAN 289 SOUTH STREET HYANNIS MA 02601
326 013 HYANNIS PUBLIC LIBRARY ASOC 401 MAIN STREET HYANNIS HYANNIS MA 02601
326 014 ACCORD .PARK CORP %SOUSA, F TR - DIMENTO & SULLI SEVEN FANEUIL HALL MKT BOSTON MA 02109
326 015 REYNOLDS, SUSAN K 832 S MAIN ST CENTERVILLE MA 02632
326 016 FLYNN, PAUL V & FLYNN, SEAN P %DEGIOANNI, LUCIEN & REYNOLDS, 832 SOUTH MAIN ST CENTERVILLE MA 02632
326 017 VERA, MARY K 24 STANTON RD MILTON MA 02186
326 018 SCERRA, JANET & BARLING, MICHELE 38 PEARL ST HYANNIS MA 02601
326 .019 GERARDI, DENNIS L & JANET A- BOX 1239 HYANNIS MA 02601
326 020 WHITNEY, SAUNIE 50 PEARL ST HYANNIS MA 02601
326 021 BARNSTABLE, TOWN OF (MUN) 367 MAIN STREET HYANNIS MA 02601
326 138 BARNSTABLE, TOWN OF (MUN) 367 MAIN STREET HYANNIS MA 02601
327 116 UNITED STATES OF AMERICA POST OFFICE HYANNIS MA 02601
327 262 PENN, MILTON L & PENN, HOWARD K TONELA RD CUMMAQUID MA 02637
Count= 27
1
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Proof of Publication
LEGAL NOTICES
v
ti Town of Barnstable Zpmng�oarrkl'of Appeals
• Notice of,Pubhc Hearing Under The Zgn>Ing Ordmanfe
for April 21. tg8g
To all persons interested m or affected by the Board of Appeals under Sec 11 of Chapter
4 ,A of the General L aws of the Gommonweaith of Massachusetts and alf amendments
thereto you are hereby notrfiedthat
e7 P M Mackey/Baughmeri Trustees Appeal Number 1999-48 >=
rn K Mackey aril Harry W Baughman 7ni'stees of`:the Captain SmaicHouse have
pptonad to the Zoning Board of Appeals for a Modification of Special Permit Number t�981=
17 The petitioners are"seekng to change the configur itio'Wof the parking area; showy Qn
tha_plan submitted with the fifi : property is shown'on Assessors Map 19 7 Parcelt025
andas commonly addressed as 969 Main Street,Ostemite MA in N.RC Resident`h C
Z9t?ng District q
8 OU P M Degioanni,and Reynolds Appeal Number 1999 49 ,
Lucien Degioanrn and:Susan Reynolds(d/b/a The CamBge Tradg)have applied to the
Zoning Board of Appeals for a Vanance to Section 3 1,tit)Principal Permitted uses=to
permit the first floor level of the structure'now on the premises to beci'sed as retail storg vtiritti
upperfloocremaining residential.The,property is shown on Assessors Map 326 Parcef 16
artcf;°is commonly addressed,as 28 Pearl Street Hyannis, MA in,ai0B-1 Residentwg3-1
Zoning Drstrict s;
8 t5 P M Osprey Point Corporation Appeal Number J,999;50
71Osprey Point Corporation(c/o Cape Cod Ear No 8 Throat)has applied to the Zoning
Bgerd of Appeals for a Modification.of Condition-#a of Vanance Number 191�9 04_-which
states'The building itself which is on the adjoining lot,shall not be further expanded in terms
of its size and/or its use.The number of doctors nurse practitioners nurse assistants,
docto►asslsfants onthe site,shall remain unchanged.'A literal interpretation of the language
in taus condition would.mean,the applicant would be unable to change their.present taff,
underanyci cumstances.The language contained in the con-Mon'shall remain unchanged'..
if taken titeraly would require physicians and staff could be neither added or subtracted.If
on individual were to quit or be fired.the:corporation would technically be iri violation of the.
condition The property is shown on Assessors Map 328, Parcels 165 and 167 and is
'common addressed''as.65 Cedar Street,Hyannis,MA'in the PR Professional Residential
District and the HB Highway Business District:
850 P M Minard Appeal Number 1999-51
Frank P 4 Lynne S,Ward have petitioned to the Zoning Board of Appeals fora Special,
Pe►md pursuant to Section 4-4.4(2)Alteration ore xpansion of a pre-existing nonconf orming;
building orstructure.There exists on the site a wafer tower structure with attached three car
,garage The Petiponers are seeking to convert the garage to an exercise room and are;.
proposing Interior changes to the floor plan within the tower. No exterior changes are.
proposed except theadditiori of three_opernngs on the 4th elevation of the existing tower:'
The'prppeitjj is shown on Assessors Map 164,parcel 003,001 and is commonly addressed!
as 315 Main Street:Osterville MA in an RF 1 Residential F 1 Zoning District
8:45 P M. Chase Appeal Number 1999-52
Daphne;R._Chase has appUed,to the Zoning Board of Appeals for a Variance to Section 3
).1(5)Bulk Regulations to allow the Petitioner to use her house lot described in Certificate
of Title#19048'a"a separate lot The property is shown on Assessor's Map 309,Parcel'046
and is commonly addressed a$110 Bacon Road,Hyannis,MA in an RB Residential B Zoning;
District-
8.50 P.M., Chase Appeal Number 199953
Daphne R.Chase has applie'dto the Zoning Board of Appeals for a Variance to Section 3-
•; 1.1(5)Bulk Regulations to allow the Petitioner to use her vacant lot described in Certificate
of Title#24864 as a separate builoing lot for single family residentialpuiposes.The property
i,,shown on,Assessors Map 309 Parcel 040 and now addressed as 110 Bacon Road with.
iheilot to be accessed via t=ishgr Road`I IYannis=MA in an RI3 Residential B Zoning District`s
These Public°Hearings will beheld rn the Heanng:Room;Second Floor,New Town Heil 367'
Maur Street Hyannis Massachusetts on Wednesday,, April 21 1999__Alt plans and:
appUcatioris',may be,reytewed at the Zoning Boacd of Appeals Office Town of Bamstabt®.,
Plajmrng_De`` _
paitmeiif 23fl stuth Street 1 lyartris MA ;
ErrstettTytin Cftairtna€1 w
Ziingiard of Appeitls
The$amstable Patraot
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal Number 1999-49 -Degioanni/Reynolds
Use Variance to Section 3-1.1(1) Principal Permitted Uses
Summary: Granted with Conditions
Petitioners: Lucien Degioanni and Susan Reynolds d/b/a The Carriage Trade
Property Address: 26 Pearl Street, Hyannis
Assessor's Map/Parcel: Map 326, Parcel 016
Area: 0.13 acre
Zoning: R13-1 Residential B-1 Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property that is the subject of this appeal consists of a 0.13 acre lot commonly addressed as 26 Pearl
Street in Hyannis. The site is improved with two structures; a two-story single-family residence of
approximately 1,775 sq. ft. and a 360 sq.ft. detached garage structure. The property is located in a RB-1
Residential Zoning District and is serviced by Town water and sewer.
The applicants are seeking permission to convert the first floor of this single-family dwelling to a retail
shop and maintain the second floor as residential use. The applicants are also proposing some site
modifications to include the demolition the existing garage structure to accommodate parking.
Retail shops are not an allowed use in the RB-1 District. The applicants are, therefore, requesting a Use
Variance to Section 3-1.1(1)of the Zoning Ordinance- Principal Permitted Uses-to allow a retail shop on
the first floor of the existing building with a residence on the second floor.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
February 24, 4999. A 60 day extension of time for holding the hearing and for filing of the decision was
executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of
Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The
hearing was opened April 21, 1999, at which time the Board granted the requested Use Variance with
conditions.
Hearing Summary:
Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Ron Jansson, and
Chairman Emmett Glynn. Attorney John Alger represented the applicants, Lucien Degioanni and Susan
Reynolds, who were present.
Attorney Alger addressed the Board and reported the petitioners currently own and operate, The Carriage
Trade, a dress shop on Pearl Street. They recently bought the dwelling next door and are seeking
permission to maintain that historic building as a retail shop (in conjunction with The Carriage Trade) and
maintain the second floor as residential use. The property is located in an RB-1 Residential B-1 Zoning
District where retail is not a permitted use, however, this area is,a mixed use area. Of all the property
located within 300 feet of the subject, there are only two single family residences-the locus and a house
on the corner of South & Pearl Streets. The subject property is surrounded by a restaurant and nightclub,
I`
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
-Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1)Principal Permitted Uses
a dress shop, retail shops, a doctor's office, a beauty salon, a modeling/finishing school, the Sturgis
Charter School, a parking lot and a multi-family dwelling consisting of three apartments. The subject
property has been "cleaned up"and an old garage structure was removed. The dwelling structure was
painted the same color as The Carriage Trade.
As to traffic considerations, a retail shop of 700 square feet would generate approximately 30 trips per day
- little additional traffic. There will be one employee and the owner.
The parking site plan has been changed slightly so as to conform with the Town's new parking
regulations. The revised plan was submitted to the file. Although two spaces have been eliminated, there
is still adequate parking on site. If the Board requires it, they will return to Site Plan Review to get this new
plan approved. This new plan also needs the approval of the Hyannis Main Street Waterfront Historic
District.
This site is unique in that it is zoned residential but the area is mostly= if not completely-commercial in
use. The use of this site as a retail use is within the spirit and intent of the Zoning Ordinance and because
this is a similar use to the surrounding area, it would not represent a substantial detriment to the public
good or the neighborhood affected.
Public Comment: Speaking in support was Saunie Whitney, a direct abutter. No one else spoke in favor
or in opposition to this appeal. Submitted to the file were letters of support from the Town of Barnstable
Economic Development Commission (EDC), Puritan Clothing of Cape Cod, Ace Bradford's Hardware,
Inc., Nantucket Trading Co., By Design, Caffee Dolci, and Artifacts.
Findings of Fact:
At the hearing of April 21, 1999, the Board unanimously found the following findings of fact as related to
Appeal No. 1999-49:
1. The Petitioners are Lucien Degioanni and Susan Reynolds. The property in issue is 26 Pearl Street,
Hyannis, MA as shown on Assessor's Map 326, Parcel 016. The site is 0.13 acre and located in the
RB-1 Residential B-1 Zoning District and the AP Aquifer Protection Overlay District.
2. The site is improved with two structures; a two-story single-family residence of approximately 1,775
sq.ft. and a 360 sq. ft. detached garage structure-the garage has since been removed.
3. The applicants are seeking permission to convert the first floor of this single-family dwelling to a retail
shop and maintain the second floor as residential use.
4. Retail shops are not an allowed use in the RB-1 Residential B-1 Zoning District. The applicants are,
therefore, requesting a Use Variance to Section 3-1.1(1)of the Zoning Ordinance- Principal Permitted
Uses. -to allow a retail shop on the first floor of the existing building with a residence on the second
floor.
5. It.has.been documented that the surrounding area is commercial in nature with a restaurant and
nightclub, a dress shop, retail shops, a doctor's office, a beauty salon, and schools being some of the
businesses within the immediate area.
6. The only abutter to speak was the owner of the only other single family residence in the area and she
spoke in favor of the proposal.
7. A concept plan to rezone this area of downtown Hyannis was approved by the Town Council. One of
the primary goals of the proposed re-zoning is to retain the historic structures in this area. Retail use
is recommended as-of-right within existing historic structures. The building in question is an historic
structure, having been constructed around 1918.
8. This proposal is a low traffic generator. There is ample parking on site.
9. The relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning Ordinance.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject
to the following terms and conditions:
2
i
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal Number 1999-49-Degioanni/Reynolds
`3 Use Variance to Section 3-1.1(1)Principal Permitted Uses
1. The property shall be developed in accordance with the submitted site plan titled "Parking Site Plan at
26 Pearl Street Hyannis, Mass. for Susan Reynolds" dated October 26 1998 and last revised on April
Y � Y P
13, 1999. This site plan must be approved by Site Plan Review.
2. Use of the existing building shall be limited as follows:
First floor-shall be restricted to one retail shop as presented to the Board.
Second Floor-shall be restricted to one (1) single-family residential unit.
Attic-the unfinished portion of the attic space shall remain unfinished.
Basement-shall remain unfinished and shall be used for storage only.
3. The existing building on this site shall not be expanded in footprint nor in total area without permission
from the Zoning Board of Appeals.
4. One sign not to exceed eight(8) square feet in area shall be permitted on site.
5. All exterior changes, to include any signage, must be approved by the Hyannis Main Street Waterfront
Historic District Commission.
6. The locus shall comply with all Health Division and Building Division regulations and all requirements
of the Hyannis Fire Department.
7. The use of this dwelling shall be limited to a retail use related to the use on the adjoining lot. The two
lots will have a similar type of use.
The Vote was as follows:
AYE: Gene Burman, Ron Jansson, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn
NAY: None
Order:
Use Variance Number 1999-49 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town
Clerk.
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of under the pains and penalties of
perjury.
Linda Hutchenrider, Town Clerk
3
s
TOWN OF BARNSTABLE
SIGN PERMIT
PARCEL -ID 326 016 GEOBASE ID 23983
ADDRESS 26 PEARL STREET PHONE
HYANNIS ZIP -
LOT BLOCK LOT SIZE
DBA DEVELOPMENT DISTRICT HY
PERMIT 39150 DESCRIPTION NSF CONSTRUCTION 1-40 SQ. 1-9 SQ:.:-•1-12 SQ
PERMIT TYPE BSIGN TITLE SIGN PERMIT
CONTRACTORS: Department of Health, Safety
ARCHITECTS: and Environmental Services
TOTAL FEES: $100.00 �tHE
BOND $.00
CONSTRUCTION CQSTS $.00
753 MISC. NOT CODED ELSEWHERE 1 . . PRIVATE P.'C 17 STABLE, ;
MASS.
1639.
f + BUILDI G DIV . 10
BY BJ%�DATE ISSUED 06/15/1999 EXPIRATION DATE
; JHERI KLNDHLL 7�L No . 1-609-223-1690 Oct 15 ,99 9 :.47 No .001 P .h.c .
The Town of Barnstable , : �q/��
# WWWAR& l Department of Health, Safety and Environmental Services
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a Building Division
367 Main 9tmet,Hyannis MA 02601 ,
Office: 508-862-4038 Ralph Crosson
Fax: 508-790-6230 Building Commissioner
Tax Collector .. '
Treasurer—
Application V
h ,ffor Sign Permit
Applicant: Al' F -----'--Assessors No.
Doing Business As:A7"(vE&� 1'61derlyz 1'1 Telephone No.--I 2'C'
Sign Location, J '
%cming District: Old Kings I-fighwayP YeW, Hyannis Historic District? (qN0
Pr arty Owner �i
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Sign Con -actor
Nance / d - _Telephone: ��'_"0 ---
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Addre _ �°,y ' . -- - Vie: -- --
Description
Please draw a diagriun of lot showing location of buildings wid existing signs with dimensions,.
location and size of tlx new sign. This-should be drawn on die reverse side of this application,
Is tic sign to Ix-clectrified: Ye Nu (/Yore:Ifyes,a wieingpermitismquireel)
I hereby certify that I am"the owner or drat.I have the authority oi'the owner to make this
application,that dw infurrnatiou is correct and that the use and construction shall confotxtn to dw
provisions of Section 4-3 of tic Town of Barns le Zoning Ordinance.
Signature of Owner/Authors Agent:_ Date:_ /
.Sic: �'�0, T �oT Permit 'cc: • �`'�
Sign Permit was approved: . Disapproved:_— --
Signature of Building Offic al:_ O f Date:
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376 Rte.130,P.O.Box 681;Sandwich,MA 02563
(508)888-0565 FAX 1-508-8.33-n7A6
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The Town of Barnstable
, ,�,►�I,E, ; Department of Health Safety and Environmental Services
9� M6 �0� Building Division
'OTFc MA-S 367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
April 27, 1999
Attorney John Alger
832 South Main Street
Centerville, MA 02632
Re: SPR-090-98 The .Carriage Trade, 26 Pearl Street, HY (326/016
g )
Proposal: Alter parking layout as per ZBA Decision
Dear Attorney Alger,
The above referenced proposal as been reviewed and has received administrative approval by Site
Plan Review under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the following
conditions:
• The Applicant must relocate the handicapped parking space to the east of
House No. 20 as indicated on the plan.
Please note a Building Permit is necessary prior to any construction. Upon completion of all
work, a letter of certification is required by Section 4-7.8 (7) of the Town of Barnstable Zoning
Ordinance must be submitted. Also, all signage must be discussed with Gloria Urenas of this
Division.
Respectfully,
Ralph Crossen
Building Commissioner
Town of Barnstable
Planning Department
Staff Report
Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1) Principal Permitted Uses
Date: April 13, 1999
To: Zoning Board f Appeals
From:
Approved By: Robert P. ernig, Director
Reviewed By: Art Traczyk, Principal Planner
Drafted By: Alan Twarog,Associate Planner
Petitioners: Lucien Degioanni and Susan Reynolds d/b/a The Carriage Trade
Property Address: 26 Pearl Street, Hyannis
Assessors Map/Parcel: Map 326, Parcel 016
Area: 0.13 acre
Zoning: R13-1 Residential B-1 Zoning District
Groundwater Overlay: AP Aquifer Protection District
Filed:February 24, 1999 Hearing:April 21, 1999 Decision Due:August 03, 1999(this includes a 60-day extension)
Background:
The property that is the subject of this appeal consists of a 0.13 acre lot commonly addressed as 26 Pearl
Street in Hyannis. The site is improved with two structures; a two-story single-family residence of
approximately 1,775 sq. ft. and a 360 sq. ft. detached garage structure. The property is located in a RB-1
Residential Zoning District and is serviced by Town water and sewer.
The applicants are seeking permission to convert the first floor of this single-family dwelling'to a retail
shop and maintain the second floor as residential use. The applicants are also proposing some site
modifications to include the demolition the existing,garage structure to accommodate parking.
Retail shops are not an allowed use in the RB-1 District. The applicants are, therefore, requesting a Use
Variance to Section 3-1.1(1)of the Zoning Ordinance- Principal Permitted Uses-to allow a retail shop on
the first floor of the existing building with a residence on the second floor.
Staff Review/Comments:
Surrounding Land Uses
The property is located in a mixed use area. To the east is the Town Hall parking lot. The majority of the
uses on this portion of Pearl Street(between Main and South Streets) consist of commercial uses allowed
by either Special Permit, Variance or as-of-right. There are also some residential uses. The following is a
listing of land uses on this segment of Pearl Street by map and parcel:
Map 326:
Parcel 14-Restaurant'and nightclub(The Asa Bearse)
Parcel 15- Dress shop (The Carriage Trade). One retail and office space is allowed in the detached
garage structure by Appeal No. 1986-045.
Parcel 16 -Subject Property
Parcel 17 - Doctor's office and residence allowed by Special Permit 1978-031
Parcel 18-Beauty salon and residence allowed by Special Permit No. 1988-092
Parcel 19-Modeling/finishing school and residence allowed by Special Permit No. 1987-052
Parcel 20-Single-family residence
h
Town of Barnstable-Planning Department-Staff Report
Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1)Principal Permitted Uses r
Map 308:
Parcel 79-Sturgis Charter School
Parcel 90-Parking lot in conjunction with bowling alley and furniture store allowed by Special Permit
1976-056
Parcel 89-.Private non-residential parking lot and multi-family dwelling consisting of 2 apartments and 6
rental rooms allowed by Appeal No. 1980-038
Parcel 88-Multi-family dwelling consisting of 3 apartments allowed by Special Permit No. 1982-037
A retail shop on the locus would not be out of character with this area of Town considering the
surrounding land uses and make-up of this area.
Local Comprehensive Plan
The LCP strongly recommends that the Town's residentially zoned areas be protected from commercial
encroachment and that development/redevelopment be limited to designated activity centers. The
Hyannis Village Plan in particular has the following policies with regard to these issues:
Policy 2.3-Encourage redevelopment within designated activity centers, supported with all appropriate
infrastructure and consistent with design guidelines.
Policy 4.1 -Ensure the integrity of residentially zoned areas by the prohibition of use variances and
limitations on the expansion of non-conforming uses. Examine the existing residential/non-
residential zoning district boundaries.
Policy 7.7-Establish and strictly enforce buffer zones between commercial and residential districts.
Maintain these buffer zones as transition zones between residential and non-residential districts
and/or uses.
The goals and policies outlined in the LCP to limit commercial activity from encroaching into residential
areas are to prevent further encroachment into areas which are predominantly residential. The area in
question, although zoned residential, is essentially a mixed use area as previously noted. It is included in
a designated activity center; the Hyannis Town Center and Main Street Corridor.
The Planning Department has been working on a concept plan to rezone the downtown area. The basic
concept plan was approved by the Town Council, which directed staff to begin writing the zoning
amendments. One of the areas being considered for rezoning is this segment of Pearl Street(see
attached zoning summary). One of the primary goals of the proposed re-zoning is to retain the historic
structures in this area. Retail use is recommended as-of-right within existing historic structures. The
building in question is an historic structure, having been constructed around 1918. Allowing some
commercial uses within existing structures in this area would also provide a buffer or transition zone
between the more intensive commercial uses to the north and the residential structures and uses to the
south. The proposed rezoning is also in keeping with the Policy 4.1,which recommends examining
existing residential/non-residential zoning district boundaries.
Historic District
The property is located within the Hyannis Main Street Waterfront Historic District. The exterior changes
to the site will require Historic Commission approval. The applicants did go before the Historic
Commission on December 23, 1998 for approval to demolish the garage structure, which they obtained.
The garage structure has since been demolished. The applicants were asked to return to the
Commission as soon as possible regarding other issues on the site plan. The applicants should be
prepared to provide the Board with an up-date on the status of Historic Commission approval.
2
Town of Barnstable-Planning Department-Staff Report
Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1)Principal Permitted Uses
New Landscape Parking Requirements
As the Board is aware, a zoning amendment for new parking lot landscaping requirements was approved
by the Town Council on March 11, 1999. This application is one of several that was approved at Site Plan
Review under the old requirements but has not been before the Zoning Board of Appeals or received a
building permit since the adoption of the new requirements. As such, the new regulations now apply,
which require in residential districts a minimum 10' landscaped setback from the side and rear lot lines
from the surfaced area of a parking lot. A minimum landscaped setback equal to the required front yard
setback(20' in this case) is also required from the surfaced area of the parking lot and the street. Due to
the configuration and limited area of the locus, these requirements cannot be met. A minimum of 1 street
tree with a minimum caliper of 3" per 30'of road frontage is also required. There are two existing trees in
the front yard, so this requirement is met.-
The new regulations do allow for some leeway for a change of a use created prior to March 11, 1999. The
number of parking spaces required may be reduced, or alternatively or in addition to, landscape buffers
and islands may be reduced sufficient to ensure the creation of a functional; attractive parking lot, subject
to approval of Site Plan Review. Staff recommends the removal of parking spaces 1 &2 so this area can
remain as landscaped green space. There is additional parking available in the Town Hall parking lot
located immediately to the east. Changes to the site plan will require approval of Site Plan Review. If the
Board is inclined to grant the requested relief, staff suggests it can be conditioned upon Site Plan Review
approval.
Traffic Impacts
The proposal calls for a total of approximately 700 sq. ft. of retail space on the first floor. At Site Plan
Review, the applicants indicated the retail use would be similar to that of The Carriage Trade, which is a
specialty retail dress shop also owned by the applicants. These types of specialty retail shops are
typically low traffic generators. Staff suggests the applicants be prepared to provide the Board with more
details on the proposed retail use of this building. Staff also suggests the applicant provide the Board with
information on the expected traffic generation and the proposed number of employees. Traffic generation
numbers can be obtained using available information from The Carriage Trade. For a comparison of trip
generation for different land uses, see the attached list.
The Town of Barnstable Economic Development Commission (EDC) met on April 13, 1999 and "voted to
give strong support"to this project as stated in the attached letter. Also, in the file are letters of support
from the following local businesses: Puritan Clothing of Cape Cod,Ace Bardford's Hardware, Inc.,
Nantucket Trading Co., By Design, Caffe a Dolci, and Artifacts.
Variance Findings:
In consideration for the Use Variance, the petitioner must substantiate those conditions unique to this
property that justify the granting of the relief being sought. In granting of the Variance the Board must find
that:
unique conditions exist that affect the locus but not the zoning district in which it is located,'
• a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,
financial or otherwise to-the petitioner, and
• the relief may be granted without substantial detriment to the public good and without nullifying or -
substantially derogating from the intent or purpose of the Zoning Ordinance.
Suggested Conditions:
If the Board finds to grant the requested Use Variance, they may wish to consider the following conditions:
1. The property shall be developed in accordance with the submitted site plan titled "Parking Site Plan at
26 Pearl Street, Hyannis, Mass. for Susan Reynolds" dated October 26, 1998 and last revised on
April 13, 1999. This site plan must be approved by Site Plan Review.
3
Town of Barnstable-Planning Department-Staff Report
Appeal Number 1999-49-Degioanni/Reynolds
Use Variance to Section 3-1.1(1)Principal Permitted Uses
2. Use of the existing building shall be limited as follows: �=
First floor-shall be restricted to one retail shop as presented to the Board.
Second Floor-shall be restricted to one(1) single-family residential unit.
Attic-the unfinished portion of the attic space shall remain unfinished.
Basement-shall remain unfinished and shall be used for storage only.
3. The existing building on this site shall not be expanded in footprint nor in total area without permission
from the Zoning Board of Appeals.
4. One sign not to exceed eight(8) square feet in area shall be permitted on site.
5. All exterior changes, to include any signage, must be approved by the Hyannis Main Street Waterfront
Historic District Commission.
6. The locus shall comply with all Health Division and Building Division regulations and all requirements
of the Hyannis Fire Department.
Attachments: Application Copies: Petitioners/Applicants
Assessor's Map/Card
Site Plan
SPR Approval Letter w/attachments
Pearl Street Re-zoning Summary
Downtown Re-zoning Map
December 23,1998 Historic Commission Meeting Minutes
Trip Generation Figures
4
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BEEN DETERN M BY THE:'-
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(� ( BE APPROPRIATE RELIEF GI,..:
D ly V CIRCUMSTANCF.�1&
TOWN Q}T STABLE
i s zo a•gosr . Appeals
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FEB 4 M APPlidah3I to Petition for a Variance
' DTNM ORMWITAed 799 F Ef3 24 A 9 _37 For office use onl :
Appeal #
Hearing Date
Decision Due 13
The undersigned hereby applies to the Zoning Board of Appeals for a Variance from
the Zoning Ordinance, in the manner and for the reasons hereinafter set forth:
Petitioner Name: Lucien Degioanni & Susan Reynolds , Phone
Petitioner Address. 832 South Main Street, Centerville, MA 02632
Property Location: 26 Pearl Street, Hyannia, MA
Property owner: Same as petitioner , Phone
Address of owner:
If petitioner differs from owner, state nature of interest:
Number of Years owned: `1 year
Assessor's-Map/Parcel Number.:' ':` Map .326 Parcel 16
Zoning District: RB 1
Groundwater overlay District:' , '
Variance Requested: Section 3-1.10) Principal Permitted Uses
Cite section & Title of the Zoning ordinance
Description of Variance Requested: In accordance with the powers granted by
5-3.2(5) , petitioner seeks a variance to allow the first floor level of the structure
now on the premises to be .used as a retail store with the upper floor remaining resitial.
Description of the Reason and/or Need for the. variance: Because the land of the
petitioner is bounded front and back by parking lots and to the north by commercial
uses, it is difficult to locate and keep suitable residential tenants for (Continued on
attached .shee.t)
Discription of construction Activity (if applicable) :
To remodel first floor and update living space on the second.
Existing Level of Development of the Property s Number of Buildings: 1
Present use(s) : Vacant Gross Floor Area: 1,727 sq.ft.
Proposed Gross Floor Area to be Added: None , Altered: 979 sq. ft.
Is this property subject to any other relief (variance or special Perm'_t) from
the Zoning Board of Appeals? .. Yes [] No [A
if Yes, please list appeal numbers or applicants name
I
Application to Petition for a Variance (Continued)
Description of the Reason and/or Need for the Variance:
use of the property. To allow retail use would tie in with the next door
retail use, The Carriage Trade, operated by your petitioners.
Application to Petition for a variance
Is the property within a Historic District? Yes [K] No [)
Is the property a Designated Landmark? Yes [] No ]�]
For Historic Department Use Only:
Not Applicable . .. . .. . ..... .. . [J
ORH Plan Review Number
Date Approved
Signature:
Have you applied for a building permit? Yes No (]
Has the Building Inspector refused a permit? Yes ( No []
All applications for a Variance which proposes a change in use, new
construction, reconstruction, alterations or expansion, except for single
or two-family dwellings, will require an approved Site Plan (see section 4-
7.3 of the Zoning ordinance) . That process should be completed prior to
submitting this application to the Zoning Board of Appeals.
For Building Department Use Only:
Not Required .:. . . .. . ..... .. . . [j
Site Plan Review Number
Date Approved
Signature:
The followings information must be submitted with the Petition at the time
of filing, without such information the Board of Appeals may deny your
request:
Three (3)- copies of the completed Application Form, each with
original signatures.
Five (5) copies of a certified property survey (plot plan) showing
the dimensions of the land, all wetlands, water bodies, surrounding
roadways and the location of the existing improvements on the land.
All proposed development activities, except single and two-family
housing development, will require five (5) copies of a proposed site
improvements plan approved by the site.Plan Review committee. This
plan must show the exact location of all proposed improvements and
alterations on the land and to structures. see "Contents of site
Plan:" Section 4-7.5 of the Zoning ordinance, for detail
requirements.
The petitioner may submit any additional supporting documents to
assist the Board in making its determination.
Lucien Degioanni & Susan Rey olds
x
B F �"� '' ' J February1999
Signature: y= 6 - Date:
Peter ioner or Agent,.?Signature
Agents Address: 886 Main Street, P. 0. Box 449 Phone: (508) 428-8594
Osterville, MA 02655 Fax No. (508) 420-3162
Proper•yLocation: 26 PEARL ST11Y MAPID: 326/ 016///
Other ID: Bldg#: 1 Curd 1 of 1 Print/late:11/13/1998
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Ll'i\1\;PAUI Y&FLYNN -P TRDescription Lode I Appraffiaa ue Assessed value
'Y,,DEGIOANNI,LUCIEN&REYNOLDS,SUSAN . 801
32 SOUTH MAIN ST SIDNTL 10.10 98,40 98,40
ENTERVILLE,MA 02632 SIDNTL 1010 5,60 5,60 BARNSTABLE,MA
ccount if ZX06ji Plan
Tax Dist. 400 Land Ct#
er.Pmp. UP FY00 #SK VISION
Life Estate
DL 1 Notes:
DL 2
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HE CORD Of- U USHIP
JULIPA GE SALE VA
FLY'N\;1"AIJl V-&-FLYnt�SEANPTR � <� 12679. 9.1 v-C',' � rr. f o a ssesSea Value ��r. Goo ae Assessed Value <r. e' Assessedvalue
75t7i! a ue
CHASE,LILLIAN M ET AL 7831/105 1/15/9 U I I "A
RASE,LILLIAN M& 6894/187 9/15/8 U I 1 A
RASE,LILLIAN M& 6847/259 8/15/8 U I 1 A
RASE,LILLIAN O'CONNELL 3600/203 11/15/8 Q
RASE,LILLIAN*M792 11461/211
lot all ota. 127, 7biall 127,60C
w E.1TP7T01< � c; 1 ,,, 's ' is signature ac now a ges a visa by a Data CoRector or Assessor
Year jypeivescription Amount Code Description Number mount Comm.int.
Appraised Bldg.Value(Card) 95,900
Appraised XF(B)Value(Bldg) 2,500
Appraised OB(L)Value(Bldg) 5,600
ota
.:w , .,x ... Appraisedd au (Bldg) 27,9000
Special Land Value
RES USE&SHAPE. Total Appraised Card Value
Total Appraised Parcel Value 131,900
Valuation Method:
Cost/Market Valuation
et I otal AppraisedParcel value
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i se ore escrtptton Zone IDITrontage Depth uAlts unitFrice I Factor YL CU Pactor 1. o"es 1 pecta nctng �. ntt nce an a ue
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otal "and C/12111 U.IjAki 6al Land.valug. ,
Property Location: 26 PEARL ST HY MAP ID: 326/ 016/
Other ID: Bldg#: 1 Card 1 of I Print Date:11/13/1998
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e ype 3 51ontal blemen Description
odel 1 esidential ea
e + + came Type FAT[5291
adw?lumbing
tones .4 Stories w/Fi
ccupancy 0 Ceiling/Wall UAT[2281
ooms/Prtns
xterior Wall 1 14 Wood Shingle /o Common Wall FEP
2 Wall Height
Roof Structure 3 Gablenffip
Roof Cover 3 ph/F GlstCmp
MM MOM
Interior Wall2 3 Plastered I Code VescripHon Factor l 1 SAS
Interior Floor 1 9Pine/Soft Wood FUS
a�Aa. UBM
2 it Location
Heating Fuel 3 Gas 29
Heating Type 315 Hot Water umber of Units
C Type 1 None umber of Levels 12
/o Ownership - -
edrooms 4 Bedrooms
athrooms 11 Bathroom s{''' To
10 1 Full Base
Rate
otal Rooms 7 Rooms ize Adj.Factor .00264
e(Q)Index 04 FE
ath Type dj.Base Rate 0.05 13 UBM
tchen Style ]dg.Value New 08,959
ear Built 918
ff.Year Built 975
rml Physcl Dep 2
uncnl Obslnc
on Obslnc
peel.Cond.Code a
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Gode Description Percentage Overall%Cond. 8
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eprec.Bldg Value 5,900
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FAT ttic,Finished 26 52 26 25.0 13,26
FEP orch,Enclosed,Finished 26 18 35.0 9,25
FUS pper Story,Finished 75 75 75 50.0 37,78
UAT ttic,Unfinished 22 2 5.0 1,15
UBM asement,Unfinished 971 19 10.0 9,71
t. ras.c Livaease Area T77, 97 --_TT Val:
. The Town of Barnstable
RAMWABIX
"9; Department of Health, Safety and Environmental Services
" Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph M.Crossen
Fax: 508-790-6230 Building Commissioner
TO: Emmett F. Glynn, Chairman,Zoning Board Of Appeals
FROM: Ralph M. Crossen, Building Commissioner
SUBJECT: SPR-090-98 The Carriage Trade, 26 Pearl Street, HY (326/016)
Proposal: Remodel first floor for retail, second floor for residential.
DATE: December 21, 1998
The above referenced site plan has been reviewed and approved for purposes of referral to the
Zoning Board Of Appeals.
Attached please find a copy of the letter of approval and meeting notes for your files.
The Town of Barnstable
K AS& `' = Department of Health Safety and Environmental Services
659- Building Division
367 Main Street,Hyannis MA 02601
Office: 508-8624038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
December 21, 1998
Attorney John Alger
832 South Main Street
Centerville, MA 02632
Re: SPR-090-98 The Carriage Trade, 26 Pearl Street, HY (326/016)
Proposal: Remodel first floor for retail, second floor for residential.
Dear Attorney Alger,
The above referenced proposal was reviewed at the Site Plan Review Meeting of December 17,
1998,and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to
the Zoning Board of Appeals with the following conditions:
• Designate the handicapped parking space.
• Exterior storage of trash for 2 barrels to be located to the right rear of the
building.
• Applicant must seek relief at Zoning Board of Appeals.
Please be informed that a Building Permit is necessary prior to any construction. Upon
completion of all work, a letter of certification is required by Section 4-7.8 (7) of the Town of
Barnstable Zoning Ordinance must be submitted. Also, all signage must be discussed with Gloria
Urenas of this Division.
Respectfully,
Ralph Crossen
Building Commissioner
SPR Meeting Notes 12/17/98
Site Plan Review Meeting of December 17, 1998
Hearing Room,2nd floor
Barnstable Town Hall
367 Main Street, Hyannis
Present: Ralph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer, Alan
Twarog, Associate Planner, Lt. Glen Wilcox, COMM, Lt.- Richard, West
Barnstable Fire Department, Edward Barry, Health Division, Lt. Donald Chase,
Hyannis Fire Dept., and Anna Brigham, Site Plan Review Coordinator. Also in
attendance were: Attorney Arthur Hyland and Richard Theodore for HRS of
Cape Cod. Peter Sullivan and Attorney John Alger for the Carriage Trade. Bob
Fitzgerald, Lilli Krech and Kato Wilson for Krech and Wilson. Heidi Godin for
the Captain Angell B&B. Dan Ojala and Ron Wilson for Tumbleweeds.
Attorney Patrick Butler and Ms. Grazui for Popcorn Realty Trust. Tom Smith for
Sunrise Construction. Attorney Michael Ford, Rick Barnes, Bob Lacourse, Randy
Hart for the Informal Cotuit Landing Expansion.
Meeting was called to order at 9:00 AM. Adjourned at 12:10 PM.
SPR-090-98 The Carriage Trade,26 Pearl Street,HY (326/016)
• Proposal: Remodel first floor for retail, second floor for residential. Revised
plan was discussed. Proposed one way in/out for traffic circulation. Peter
Sullivan had met with Steve Pisch of Engineering. Mr. Sullivan addressed
storage/office use for garage for Carriage Trade.
•_ Planning addressed parking on Carriage Trade lot. There are no extra spaces
to give proposed use.
• Fire Department stated there are Building Permit issues. Separation of use is
required under the building code.
• Health addressed sewer. Site is connected to sewer and there is a leech pit for
parking drainage. Addressed dumpster. Trash will be stored in one barrel the
basement. Mostly paper refuse. Health had concerns with the trash storage in
the basement. Trash is picked up once per week. Mr. Sullivan stated.a
dumpster can be located at the rear left corner in the lawn area.
• Engineering has met with Mr./Sullivan to resolve the traffic circulation issues.
Described changes to the plan.
• Building Commissioner addressed wall to the rear of the site. Some of the
wall had been removed for the expansion of the municipal parking area.
Addressed HP spaces. Mr. Sullivan stated space#1 will be handicapped.
• Attorney Alger addressed dumpster. Questioned whether the use requires a
dumpster. Health discussed the health issues with garbage stored in the
/
basement. Building Commissioner suggested a small shed bin with 2 barrels
located next to the house.
• APPROVED with the following conditions:
• Designate the handicapped parking space.
• Exterior storage of trash for 2 barrels to be located to the right rear of the
building.
• Applicant must seek relief at Zoning Board of Appeals.
1
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Pearl Street
Between Main Street and South Street
This is a very small area with several well maintained buildings dating from the 19th
century; it is an attractive side street off Main Street. Largely through ZBA action it has
developed with specialty retail and personal service businesses. The existing R13-1
zoning permits only single family residential dwellings and two offices, by Special
Permit. Existing parking requirements may lead to parking being located all around
buildings, including the front yard,which would detract from the attractiveness of the
area.
The primary goal of land use policies in this area should be to retain the historic
structures in this area.
It is recommended that this area be separated from the Main Street District because of
a more limited range of uses, differences in building setbacks and lot coverage, and the
need to maintain the existing, historic character of the area.
This area is brought forward at this time since there will be an application to the ZBA
for a retail use which will require a variance, and the required parking will result within
a portion of the front yard.
ZONING ISSUES:
Zoning Issues;
The area is presently zoned R13-1 which permits single family residential, two offices
suites per building by Special Permit, and lodging houses.
1. Uses: It is recommended that residential, retail, office, bed and breakfast, and
personal service businesses be permitted as of right, within existing historic
structures.
2. Densities and setbacks should be established to ensure preservation of existing
buildings, without additions that would obscure facades.
Parking requirements should be reduced to a percentage of the existing requirement,
perhaps 50%. No parking should be located in the front yard, which should remain
landscaped.
OTHER POLICY ISSUES:
A road connection: between the town hall parking lot and Pearl street should not be
created. A pedestrian walkway between buildings should be sought by an easement
across properties without demolition of buildings, including out buildings.
6
I
OTHER POLICY ISSUES:
Motels: Policies should be.developed to ensure that motels are maintained in as good .
a condition as possible.
r
Absentee ownership of some of the properties on Main Street has been detrimental to
the area. Public and private programs should be developed to enable business tenants
to purchase the buildings they occupy. E,E
Security: a lengthy discussion was held at the workshop 2/9/99 on the problems of
people of the street, and adverse effects on the area. This issue needs to be
addressed in a number of ways: increased police presence and continued action by
social service agencies is necessary. The.downtown needs to be maintained in very
good condition which will discourage vagrancy.
Historic area signs: Request the State to place brown historic district sign directional
sign at the rotary entrance to Barnstable Road, the east end intersection of Main Street
and Rt. 28, and at Bearses Way and Rt. 132. Also allow smaller directional signs on
the periphery of downtown.
Hinckley Building: Allow medical usage of this building, which would have the effect
of improving the surrounding area.
Direction of traffic flow: A review of the direction of traffic flow on Main Street and
surrounding streets is being considered by various agencies and departments. A joint
public workshop is being planned on this issue in late April, early May. DPW traffic
consultants are reviewing the impact of any change in direction on traffic flows.
Telephone Company Building on Ocean Street: If this building becomes available,
the town should consider acquisition for additional Town Hall space.
5
I
b
Hyannis Main Street Waterfront
'r Historic District Commission
sect 230 South Street
Hyannis,Massachusetts 02601
MINUTES OF THE HYANNIS MAIN STREET WATERFRONT HISTORIC
DISTRICT COMMISSION MEETING
DECEMBER 23,1998
Present: St. Onge,Jr. (chair),Robinson,Jessop,Atsalis,Flinn,Scudder,DeMartino.
Susan&Lucien DeGioanni-26 Pearl Street,Hyannis,MA. Application for demolition or removal approved
unanimously.
Susan DeGioanni appeared. St. Onge,Jr. stated that the building to be demolished is the garage at 26 Pearl
Street. The garage is an historic outbuilding,constructed in 1918. It is currently attached,by a.fence,to the
similar structure next to it. St. Onge,Jr.stated that auxiliary structures are often not given the same importance
as primary structures,and that this is unfortunate,as they often have as much historic value as the main
buildings. He stated that DeGioarim has already appeared before the Commission regarding painting the main
building,and has been before Site Plan for review of the project which involves demolition of the garage. St.
Onge,Jr. stated that DeGioanni will need to come before the Commission for review and approval of landscaping
for the site. He stated that there is a parking space proposed to be in the spot where the garage now exists. He
stated that he feels that approval for demolition should have come before the Commission,prior to approval by
Site Plan Review. Unfortunately,that did not happen in this case. A report was included in the application which
states that the building is infested. There was not an engineering report done on the building. Robinson stated
that he does not feel the garage has any historic significance,and that removal of the building would add to the
view and to the historical significance of the main house. The Commission members agreed that,due to the fact
that moving the house may not even be possible,it is not necessary that the applicant advertise the property for
removal to another site. The application was approved unanimously.. St. Onge,Jr. asked if the applicant could
return to the Commission regarding issues on the site plan,as soon as is possible. The applicant agreed to do so.
DeGioanni stated that,in addition to landscaping,a handicap-access ramp will need to be added to the main
building.
r
Sheet1
Trip generation by Land Use, average vehicle trip ends on a week day, trip generation per 1,000 sq ft
ITE LU Type of business Av. rate per 1,000 sq ft, weekday
812 Building materials and lumber store 31
814 Specialty retail center 41
815 Discount store 70
816 Hardware/paint 51
817 Nurse / arden center 36
820 Shopping Center 168
831 Quality restaurant 97
832 High turn-over, sit down restaurant chain 205
833 Fast food, no drive-in 786
Fast food w/drive-in 632
841 New car sales 48
850 Supermarket 88
851 Convenience market '738
890 Furniture store 4
710 General office 25
760 Research and Development 8
912 Drive-in bank 265
Page 1 ,
Town.of Barnstable
Economic Development Commission
* BAMSTABLE, ` c%Planning Department-Community Development
M39' 230 South Street,Hyannis,Massachusetts 02601
9A s63¢ ��� ,
'Op�Fpt� Telephone: (5d8)862-4681 Fax: (508)790-6288
April 14, 1999
Emmett Glynn, Chair X[ „ { �
Town of Barnstable Zoning Board of Appeals !I
230 South Street � 5
Hyannis, MA 02601 l
f TOWN OF BARNSTABLE
Dear Mr. Glynn: `f`
,. _ ::.APPEALS.,..-
On April 13, 1999 Mr. Lucien DeGioanni presented his project at a meeting of the Barnstable
Economic Development Commission(BEDC) and explained that he and his wife wish to establish a new
retail outlet for clothing, pattern materials, specialized gifts and French import items. He explained that
a change in use from residential to commercial was being requested for the first floor only, and that the
second&third floor would be for one apartment.
The Commission voted to give strong support to the project and specifically noted that the first floor
retail use, investment in restoring the exterior image of the building, and contribution to the varied
pedestrian environment in downtown Hyannis are all actions that are in conformance with the
revitalization of the retail/commercial district.
It was.also brought to our attention that this project is one of the first to be reviewed under the new
parking lot landscaping ordinance which the BEDC had a role in reviewing and supporting. The
retention of existing landscaping along with meeting parking requirements is an important factor under
the new ordinance.
Normally the BEDC, an advisory body to the Town Council, would submit all regulatory responses to
the Town Council for their action, but short notice precludes this process.
In summary, the BEDC strongly supports the request for a change in use, and the retention of existing
landscaping on site.
On behalf of the full Commission,
Cynt 'a Cole, Co-Chair Don MegathliA, Co - Chair
1
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates (cost$30.00 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.) Business Certificates are available at the Town Clerk's Office, 1'FL., 367
Main Street, Hyannis, MA.02601 (Town Hall)
rs»4: k ck 3 Bc:a9 Yltt
^T _,• Fill in please:
APPLICANT'S YOUR IVAME: .�PQy� •`C.���
" YOUR HOME ADDRESS:
�`(PCt�N k7. b 26v o I
"' °= TELEPHONE # Home Telephone Number mod., • 2A2. 2-1 1
NAME OF NEW 1136
311VES5' TYPE'Q.F BlJSINESS: -
IS THIS A HOME OMCUP.TION? N..
Have you been given apc o�n
oval f� . the build:in division?'Y5 NO
ADDREss.OF BusrNEss OZ60 AP/PARCELNU.MBE Z-b �� � D 110
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 ou
Rd & y {nay need'. You MUST GO TO ❑ Main St. - cor Main Street _ ner of Yarmouth
).to make sure you have the appropriate permits and licenses.required to legally-o erat i u h
p our busines '
Y s m this town:
1, BUILDING COMI1AfNER'S OFFICE
This individual*Athorized
grtfof�any permit requiremer2,.that pertain to this type of business.
ature**
COMMENTS
2. BOARD OF HEALTH
This individual has been informed of the permit requirements that pertain to this type of business.
COMMENTS: .
Authorized Signature*
'
3: CONSUMER AFFAIRS [LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature:*
COMMENTS:
oFTMe
The Town of Barnstable
a s
• 1ABN8'PMM •
MA & Department of Health Safe and Environmental Services
g
- Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
December 21, 1998
Attorney John Alger
832 South Main Street
Centerville, MA 02632
Re: SPR-090-98 The Carriage Trade, 26 Pearl Street, HY (326/016)
Proposal: Remodel first floor for retail, second floor for residential.
Dear Attorney Alger,
The above referenced proposal was reviewed at the Site Plan Review Meeting of December 17,
1998, and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to
the Zoning Board of Appeals with the following conditions:
• Designate the handicapped parking space.
• Exterior storage of trash for 2 barrels to be located to the right rear of the
building.
• Applicant must seek relief at Zoning Board of Appeals.
Please be informed that a Building Permit is necessary prior to any construction. Upon
completion of all work, a letter of certification is required by Section 4-7.8 (7) of the Town of
Barnstable Zoning Ordinance must be submitted. Also, all signage must be discussed with Gloria
Urenas of this Division.
Respectfully,
Ralph Crossen
Building Commissioner
i
pC.
39 51
_ .
EXIST. GARA4=
a"o Mrr. HCAGE MAP669� TO BE REMOVGZi
TRIDENT MAPL•B"TMItr�' {I ' Leoa� r -
F•LcwCR MAPL-6 OR r SDS�pN[,, ,I I - q'1 ' r
APPPAW&D e.'%UAL BciM+fPERS 33.2 n r'i-e
LOCUS PLAN
Scale:1 2000
PROPo96D '( MMST.GARAGE 'ASse�PMap 3216 _
A AREA TO REMAIN rp,I_� 17 Parcel 16
PROPOSED 70
\ STORAGE/OFFlC6t O 4I I i'-�-
SI�
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r Box 659 sttenrille MA 02655
428
` "OUSE Na._Z6 i Agent: Attorney John Alger
.z Box 449 Osterville MA 02655
N o 20 z; 428-8594 -
' O I I \ Porcel 16 i� Zoning District: R13-1
N r 'r
Flood Hazard Zone C
e a \ - 12 ,• Grouhd water: AP
Z; I \ m 1 Lot Area: 5843sf
ya exipT, STONe PMpItiNGvwtil yw.o ; Existing Building connected to Town Sewer and Town Water.
SPe'r PLA4CONC.IIDUMPSRs i 0 �` a' 1 There are no wetland resource areas within 100 feel
?
_uNHEATEP Q 1 I
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FIRST FLOOR OIJW p0l Z �'
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PARKING SUMMARY
z u R''^"P 26 Pearl Street
I I 0 Y First Floor-Retail 700SF 3.5 Spaces
\ LAWN 1 LAWN
i a I PP+OPOtSfiP ` Second Floor-Residential 1.5 Spaces
I TOTAL REQUIRED 5
s1.cNI,eNTlen .:. � SPACES
5\Gtt: ONE WAV ONti WAY .-0 Sl6•N=ONE WAY , TOTAL PROVIDED 3 SPACES
/ _.Jr DO NOT ENTER ? I DO NOT E."T@a7 -
/ PRO POSGD 91T11 MI M GUS r I� --NIGH W1NT J 1 t -
SIC6WALK IWp Iix IST. PITUMHit4U$ WALK Fft
EXIST. CURB CUT TO EX►$T.Z4 CNRZCUT TO Be:RFDUCflD 3Y't - 1 LXtST,GRANIT4 CURB 39.7 x 1 u_O,, a34.9 Parking Site Plan
REMAIN uNGHAN4fiD 'F`y Lb'IA:.S S4lOW N EXIST.Cu1KL Cu-r
To'ReMAIN
LINGHANG�A
PEARL STREET et.
SNAREp cu¢e � 26 Pearl Street, Hyannis, Mass.
25' Public Way Qs.nn.H. cud- OF for: Susan Reynolds
state:as not199 noted date: Oct.ct.O 2 8
t1 O01"CAYIo%S Paa R4�; P. xyN•� Plate VI@lllf 3y,q R�
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o C•dll I�- 7 Parker. Road, Osterviile 02655
It 13 'Id'- SIT'B AM RR1c/IsW'GCNA�Iit ,• 1 �
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STAIRS 12'
Sullivan Engl1 N..v.;11(NJ AW-1
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Wx 659 Oslarvlllu MA 0265b
{-1, \ outsk Nu 42B-334a
z6 z� r,9f.;nt: Attorney John Alger
ISO i IN♦dlm� 3 ji Box
428 8559terville MA 02655
Lonulg District: RB-1
y \ Parcel I . -4 (5;643sLf. h,s Flood Hazard'j Zone C
i I I
Ground water; AP -
a \ a Q ') i• x' Lot Area: 5Wsf
a I �T�'s �NTM b.�.o '1 Existing Building connected to Town Sewer and Town Water.
I •D ( \ SIST pwsY+ $ m� \ _ y T There are no v�etland resource areas within 100 feet
S3 ( \ \ �J uNHE&,TEP A 3
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I u TOTAL REQUIRED
( rlfiNl%4%ky SR "' Z 5 SPACES
COMO. y 3 TOTAL PROVIDED
51G,N% ONO WAV 516N+ONO WAV
�DO NOT ENTER DO NOT RNTeR 5 SPACES
--
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sxle,.CM,., Parking Site Plan
PEARL STREET
25' Publle Way' S SHAROM CUF1a TO RLMAIr4
1 at:26 Pearl Street, Hyannis, Mass.
HARED
OS.M.H. CuT W { for: Susan Reynolds
Plan View scale:as noted date: Oct.26,1es6
x 34.4 SULLNAN
sca+Te- �"=10 Sullivan Engineering Inc.
11: 1? '/S SITO. N QENIttW GOMMONTS - - Ctylt 'D' 7 Parker Road, Osterville'02655
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PROPOSE C��(L2 ,�, `` v
PORCH J -P' x
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v EXISTING DRIVEWAY OUT ONLY +x
00 00, I
0 REMOVE PROPOSED PORCH x
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REMOVE
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c� Parcel 16
Area= 5,867
OR t So. Ft.
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35 SHRUBS
EXISTING WALL $ 7
MOUNTED LIGHT
(TYP. OF g)
EXISTING DRIVEWAY 41 —
102.26' —
GARAGE
pR+s !.a.--�. r n a:�*�x�-s.�wd•.--7r^.•��'s.t*.^"�» h'"*.y�"";;"'��.r-` '�*%^'.`fi'�
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DB 11729 PG 52
MAP 326 PARCEL 14 � �C`- m- QUth St Lewis
• 5 Bay
RESTAURANT
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36 c
3 5 �c
DRIVEWAY ---�
EXISTING
-
\ LOCUS MAP
REMOVE '�
2ND FLOOR DECK \
SCALE 1"=2000't
HOLLY
EXISTING `� ,� ADDRESS: #20" & #26 PEARL STREET, HYANNIS, MA
GRAVEL HYANNIS PUBLIC LIBRARY ASSOC. ASSESSORS MAP 326 PCL 15 & 16
I PARKING \ MAP 326 PARCEL 13
LOCUS IS WITHIN FEIMA FLOOD ZONE C AS
�€ SHOWN ON COMMUNITY PANEL #250001
JI 8' 0006 D DATED 6/2/1992
zLOW �LTAGE ( I
IUPLIGH (TYP.)
X
EXISTING #20 ! ZONING SUMMARY
UPLIGHT " z r- I 1ST FLOOR RETAIL S G' �-� `O
FOR SIGN I m I D r 2ND FLOOR RETAIL 1
(TYP. OF 2) x I�z BASEMENT APARTMENT / �',, x
v z 3RD FLOOR APARTMENT ZONING DISTRICT: HVB DISTRICT
REQUIRED
o MIN. LOT SIZE x I 5 J 5, S.F.
MIN. LOT FRONTAGE 10'
EXISTING SIGN PROPOSED ✓ MIN. LOT WIDTH -
x RAILS AROUND MAX. FRONT SETBACK 0'
AREA WELLS ���
REPLACE 1c12 MIN. SIDE SETBACK -
EXISTING RAMP NEW LANDING MIN. REAR SETBACK ,
LIGHT & STEPS c �5 �4' -�.__ MAX. BUILDING HEIGHT 42
REMOVE EXISTING / x
FENCE & ARBOR _---- I �� SITE IS LOCATED WITHIN AP - AQUIFER
-.---lw 1:12 RAMP X PROTECTION OVERLAY DISTRICT
1 �� I TOWN WATER & SEWER PROVIDED
PROPOSED REMOVE/TRIM x
POST REMOVE (2) EXISTING
co SHRUBS AS f WALL MOUNTED LIGHTS
Q, 23.0 NEEDED x
PROPOSE #20A OWNER OF RECORD
�6 Parcel 15 PORCH RETAIL ESPRESSO �� 'C
TAKE OUT ONLY ( SUSAN K. REYNOLDS
Area= 8,668f Sq. Ft. EXISTING
OR • 832 SOUTH MAIN STREET
PROPOSED PORCH " BRICK WALL CENTERVILLE, MA 02632
DOWN IGHT
�_ --...-- _
DRIVEWAY — — �.»�..•. _ ,
00 EXIS1T5'4G REMOVE
y o TREE _ REFERENCES
-,D C' EXPAND DEED BOOK 4571 PAGE 46
�i 4 GRAVEL DEED BOOK 10238 PAGE 291
3 AS SHOWN
WALL 3R PLAN REF PB 9 PG 11
REMOVE 2 PROPOSED
EXISTING MOUNTED LIG HT PB 73 PG 149
POST — -�- PB 603 PG 62
PB 85 PG 81
!*► �-� 34 EXISTING GRAVEL PB 5 PG 75
CP
p PARKING
TOWN OF BARNSTABLE
EXPAND MUNICIPAL PARKING NOTES.
GRAVEL -- Parcel 16 DB 350 PG 594
PROPOSE AS SHOWN REMOVE MAP 326 PARCEL 138
UPLIGHT SHRUBS--_ EXISTING TOWN 1. CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING
FOR SIGN / Area= 5,851 f Sq. Ft. PARKING LOT DIGSAFE (1-888-344-7233) AND VERIFYING THE
L OR LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES
0.13f AC PRIOR TO COMMENCEMENT OF WORK.
PROPOSED SIGN 2. LOT LINES BASED ON PLANS OF RECORD AND LIMITED
EXISTING POST <
MONUMENTATION. LINES TO BE REFINED.
EXISTING #26
UPLIGHT 1ST FLOOR ART GALLERY /
FOR SIGN 2ND FLR 2'BDRM APT
BRICK WALK BULK-
x EXISTING HEAD
0 � 0
U1
i.,
m x LOW VOLT E EXISTING
IUPLIGHT ) CONCRETE
DRIVEWAY
7
>c 8
REMOVE EXISTING WALL SITE PLAN OF LAND
SHRUBS MOUNTED LIGHT
(TYP. OF 5) IN
44011111110
4
EXISTING DRIVEWAY
00000"1,02.35' HYANNIS, MA-
; GARAGE
PREPARED FOR
■ 10 20-26 PEARL REALTY TRUST-
MARYANIEL�,TH ofMASs �~;H ofMAssDA G� o�' DANIEL K. VERA #32 � N
DB 2733 PG 80 RESIDENCE o OJALA A DATE: MAY 1 , 2007
MAP 326 PARCEL 17 CIVIL "' OJALA co
A o.46502 q NO.40980
�aISTE aG� �o" Ss P
S,ONAL SU -�
I / 0 50 10 15 20 25 FEET
DATE DANIEL A. OJALA, P.L.S., PE.
07-106 BASE.DWG (ARG)
DCE #07-106