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SIGNED ( MiversaI 48003
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HILROY&WARREN,P.C.
ATTORNEYS AT LAW
THE ISAAC P.FAIRFIELD HOUSE
67 SCHOOL STREET
BERNARD T.KILROY P.O.BOX 960
s HYANNIS,MASSACHUSETTS 02601-0960
TELEPHONE(508)771-6900
TELEFAX(508)775-7526
E-MAIL:bkilroy@comcast.net
MEMORANDUM
April 16,2019
TO: STUART BORNSTEIN
FROM:BTK
RE:53 and'110 School Street,Hyannis,MA
Attached are copies of the deed from Parker Realty Corporation to Lewis Bay
Motel,Restaurant&Marina,Inc.,the deed from Lewis Bay Motel,Restaurant&
Marina,Inc.to your entity,Shoestring Properties Limited Partnership and the plans
referenced in the deeds showing the layout of 53 and 110 School Street(the
"Properties").
The Town treats School Street as an unlaid out public easement(historically deemed
to be 2 rods or thirty-three feet wide),the fee ownership in which is held by your
above described entity.
The Properties have been in common ownership from well before the above
described deed from Parker Realty Corporation in 1983 and prior to the adoption of
the parking requirements in the Town to this date.
I recall when the original structure on 110 School Street was leased to A.J.s
Restaurant in the 1980's there was limited parking thereon and the parking on 53
School Street was used by the restaurant for overflow parking.
After,the original structure was razed and the current Dockside Restaurant was
constructed on 110 School Street,overflow parking was still used on 53 School
Street.
You would have a more detailed knowledge of the historical parking use of 53
School Street as overflow parking for the Dockside from the date of your entity's
t
acquisition of the Properties in 1996 to the present.
Assuming no abandonment of the overflow parking,it is my opinion that the use of
53 School Street for overflow parking for the restaurant at 110 School Street is a
lawfully protected non-conforming use,not subject to the current parking
requirements.
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' tWF3838 ens UO
PARHER REALTY CORPORATION,
a corporation duly estahli&d wider the laws of Commonwealth of Massachusetts
and having its usual place of business at 85 Prescott Street, City of Worcester,
°f Worcester County,Messachnsette,in consideration of
One Hundred Twenty-six Thousand Three Hundred Ninety-one and 93/100
($126,391.93) Dollars, paid
grento to LEWIS BAY MOTEL, RESTAURANT a MARINA, INC., a Massachusetts '
corporation,
Of School Street, Hyannis, MA 02601
with quihis m rawntsub
the lend lAx together with the buildings thereon, situated in
Barnstable (Hyannis), Barnstable County, Massachusetts, and more
particularly described in Exhibit "A" attached hereto and incorporated '
herein by reference.
This is not a transfer of all or substantially all of the corporate
assets of Parker Realty Corporation as contemplated by the provisions
of Chapter 62C, Sections 50 and 51, of the Massachusetts General
Laws.
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L?:FdIF 2T A
Tile land with the buildings and improvements thereon,
situatad in Barnstable (Hyannis), Barnstable County, Massa-
chusetts, as follows..-
The land in Barnstable (11yannis), Barnstable County, Massa-
chusetts, with the buildings thereon, bounded and described as
follows:
SOUTHERLY by Lewis Bay; ,Y
WESTERLY by School Street;
NORTFiFRLY by South Street; and
EASTERLY by land noc• or late of Isabel Crowell, widow
Of A2phonso Crowell.
Tht• l:,nd in Said Barnstablm (Hyannis), Barnstable County,
•'•:::•Luc,•tcs with the buildings thereon, bounded and described as
S.it u,:t vd.on tile hest side of School Street and bounded:
` •.�:=:r:�.ti- !•y said School Sircr•t, nl,out scut_.;
�:i;'�:::}.,,1,}• IT
y-nine (79) feet;
b}' the• } 1.1t Of one Lewis and by land crow or
o`. }{i;,;�);leys this line beina at right
s:+cies to frcwt as indicated by a fence;
by thr cove of Salt wr_tc r; and
l:.',...+ShLY h}• land now or formerly of Renjamin G. Baxter
••,1 l:a,d now or :c•rs.er]y of Marj E. Eldridge
(this is a brokon line). •q'
Cont-ining one-half (,) acre,'more or less.
Ex.r;ting, hcwr':^r f:cr., this pa rg<•1 so much as was pret•iously
Pa!:,.
tc. ;,�.;.. d..e;t c:,ted Sopterabcr 6, 1945 and recorded .
... l:•�, a!:,. 1:2.
J. certain parcel of land together With the buildings thereon �f},�
i:. i+r.rntablc (Hyannis)', Barnstable County, Massachusetts, bounded r7
anc described as follows:
Beginning at the Northwest corner of the granted premises at
Bay Strcot and at land of Milton L. Baxter and Mary E. Eldridge, k:
conveyed to Cora W. Baxter, at a fence; thence running $
SOUTHERLY in a straight line by said fence and said fence
extended Southerly, all by said land so conveyed
to Cora W. Baxter to hand of one Davidson; thence
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B0093838 raGt 142
EASTERLY by said land of Davidson to School Street)
thence
r OP.THE,L*,Y by said School Street to Bay Street; thence
WESTERLY by said Bay Street to point of beginning.
Containing three-fourths (3/4) acre, more or less.
Parcel 1 beino the same premises shown on a plan of land entitled
"Plan of Land'in Hyannis-Barnstable, Mass. belonging to Lewis Bay
Lodqe, Inc. Scale: l in. = '50 ft. Dec. 20, 1961, John C. O'Toole,
Surveyor" and recorded with said Deeds in Plan Book 167, Page 41,
to which plan reference is made for a more Particular description
'o£ the said parcel.
Parcels 2 and 3 being the same premises shown on a plan of land
entitled "Plan of Land in Hyannis-Barnstable, Mass. belonging to
Lewis Say Lodge, Inc. Scale: 1 in. = 30 ft. Oct. 18; 1961, Nelson
Bearse & Richard Law, Surveyors" and recorded with said Deeds in
Plan Book. 167, Page 59,,to which plan reference is made for a more
particular description of the said parcels.
Be.izo the same premises conveyed to Peter A. Consiglio et al, Trustees
of Parker Realty Trust by deed of Lewis Bay i,odae, Inc. duly recorded
with said Deeds in Book/y3o, pace/08/.
Together with all littoral rights appurtena:,t ther.ete.
Together with rights over the streets and ways as shown on r.bid
Plans in common with all others lawfully entitled to use the same,
for all purposes for which streets or Trays are co;mnonly used in the
Town of Barnstable, Massachusetts.
See also deed to Parker Realty Corl,oration from Peter A. Consiglio, Sr.
et al, Trustees of Parker Realty Trust, dated'August 1,.1909 and
recorded in Book 1997, Page 259.
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The land in Barnstable IRyannis), Barnstable County,
Ma:;sachusctts, together with the buildings thereon, situated
off the Westerly side of School Street and the Southerly side
Of a private way marked "Street" leading Westerly from said r
School Street and shown as a portion of LOT 2 on plan entitled:
"ttooreland Terrace, Lots in Hyannis, Mass• surveyed for Mary
bonnet:t, Avaust 1926, Nelson Hearse, Surveyor", which said plan
is duly filed in Barnstable County Registry of Deeds in Plan Book
37, Page 99, said portion of Lot 2 is further bounded and described
as follows: r
h`ginnin9 at thr• Northeast corner of the premises, which corner
th,.• iunctu,e of the priviltc way and Lot 1, as shown on said plan;.
the n:•r running
r:e,u.^)s t•Y in two courses, a total distance of 173.63 feet,
amrc or less, to Lewis Bay as shown on said plan;
tLonca running
by 1..•wis Say, as shown on said plan, to the easterly
s:.i r.•• ;r:• of I•.::c•cl B as shown on plan recorded in
83, Pane 121; thence running
+•.•••-•.%;LY by t'u• V;!Me:'ly a idelinc• of said Parcel B to
t.hrr r.c,..i`,rrly line of said private way; thence
ru:.r.ing --
I;A:'-':•='.S by th.- southerly line of said private wav, 51.07
feet, nurc- or less, to the point of l,cginaing.
...,rd Toct::har with the fee in that portion -of said private way abutting
i•`r'��•=twos, to the cc;,ter line of said private way.
9'occtl+<.r with ric`;-s o•,.cr the streets and ways as shown on said s'
plan, in rox:,e, with all others lawfully er,titled to use the same, for
r.11 ; •r _'er whici: s,rvets or ays are eo;mnonly used in the Town
of F+arnc:t;a:,lc, b;assachuset
bcinc the samo prcmises conveyed to Parker Realty Corporation
bl• deed ai Frank Ralmond Fisk, et ux, duly recorded with Barnstable
County Raaistry of Deeds in BOOL 1926, Page 149.
Together with all littoral rights appurtenant thereto.
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Parcel 5
The lard in Barnstable (Hyannis) Barnstable County, Massa-
chusetts on the westerly side of School Street and the Southerly
side of a private way leading Westerly from said School Street
I and shown as LOT 1 on plan entitled: "Moreland Terrace, Lots
in Hyannis, Mass. surveyed for Mary Bennett, August 1926, Nelson
Bearse, Surveyor", which said plan is duly filed in Barnstable
County Registry of Deeds in Plan Book 37, Page 99, said Lot 1
bontains, according to said plan 11,515 square feet and is further
bounded and described as follows;
Beginning at the Northeast corner of the premises which
is the corner of the private way and School Street; thence running
SOUTHERLY one hundred sixty-three and 9J10 (163.9) feet,
more or less, to Lewis Bay; thence running
MIESTERLY by Lewis Bay, sixty-five (65) feet, more or less,
thence running .
NORTHERLY by Lot 2, one hundred seventy-three and 651100
(173.65) feet, more or less, to the southerly
line of said private way; th,vicc running
EASTERLY by the southerly line of said pri.v,.tc way,
sixty-fjve (65) foat, to School Street and the
point of beginning.
Being the same premises conveyed to Parker Realty Corporation
by deed of Robert G. Lotuff duly recor&i6 with F•LYnstable County )
Registry of Deeds in Book 1997, Page 257.
Together with all littoral rights appurtenant thereto. �
Together with rights over the streets and ways as shown on said
plan, in co;m,on with all others lawfully entitled to use the same, for
all purposes for which streets or ways are commonly used in the Town
of Barnstable, Massachusetts.
The above described premises are conveyed subject to the following:
1. Alteration of layout of School•Street by instrument dated
April 4, 1961 recorded in Book 1110, Page 543;
2. Easement to New Bedford Gas 6 Edison Light Company et al
dated June 9, 1978 and recorded in Book 2725, Page 259;
3. Easement to Cape and Vineyard Electric Company dated }
January 9, 1935 and recorded in Book 509, Page 4151. ;
4.. Easement to Cape'and Vineyard Electric Company dated
January 9, 1935 and recorded in Book 508, Page.415;
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5. Order of Conditions recorded in Book 2552, Page 192;
6. Order of Conditions recorded in Book 2680, Page 168;
7. Order of Conditions recorded in Book 2910, Page 253;
8. Order of Conditions recorded in Book 3038, Page 288,
as modified by Order of Conditions recorded in Book 3302, Page 64; and
9. Order of Conditions recorded in Book 3467, Page 44.
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=3838 fey: 146
lit NkMd the said PARKER REALTY CORPORATION
has mused Ao DorPerate seal to be hereto of nd and theea Peeeeote to be Biped, aolmowledged and
ddivmadin its name and bohsltby PeterAConsiglio, Sr.
its Pres. & Trea. hereto duly authorized,this 19th
day of August in the ymt ono thomand nlao hubdred and eighty—three.
Signed and aeehd in Presence of
PARKER REALTY CORPORATION
PeterjConsiglio, Be.,
President and Treasurer
s Ii
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Barnstable, eP' August 19, 19 93
Then PereDmlh appeared the above named $TERACONSIGLIO, SR., President
and Treasurer as aforesaid,
and aolmowiedged the foregoing inetr mant to be the free ad and dead of the PARKER REALTY
CORPORATION
before me j
mr�L�11"
pry N�
My sommiaeion e*rm ///i1 J 19 FF
6L_VnULJAuc 19 83
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(TUB FOLLOWING re NOT A PART OF TRn DSnD,AND re NOT TO a!NeOonDRD.)
CuArm 133.Snorron 11.GRNeaer.LAWe
Bk = 10473-204 63890
1 1-0 7—1996 2 01224
QUITCLAIM DEED
LEWIS BAY MOTEL,RESTAURANT&MARINA,INC.,a corporation organized and existing
under the laws of the Commonwealth of Massachusetts with a usual place of business at 150
Grove Street Worc
ester, MA
Q for consideration paid and in full consideration of One Million Six Hundred Fifty Thousand and
00/100($1,650,0DO.00)Dollars
grant to SHOESTRING PROPERTIES LIMITED PARTNERSHIP,a Massachusetts limited
partnership of 297 North Street,Hyannis,MA 02601
j� with QUITCLAIM COVENANTS
the land together with the buildings thereon situated in Barnstable(Hyannis),Barnstable County,
Massachusetts,bounded and described as follows:
PARCELI
The land with the buildingsand improvements thereon,situated in Barnstable P n, (Hyannis),
Barnstable County,Massachusetts as follows:
SOUTHERLY by Lewis Bay
WESTERLY by School Street
NORTHERLY by South Street;and
EASTERLY by land now or late of Isabel Crowell,widow of Alphonso Crowell.
Parcel 1 being the same premises shown on a plan of land entitled"Plan of Land in Hyannis-
Barnstable,Mass.belonging to Lewis Bay Lodge,Inc.Scale 1 in=50 ft.Dec 20,1961,John C.
O'Toole,Surveyor"and recorded with said Deeds in Plan Book 167 Page 41,to which plan
reference is made for a more particular description of the said parcel.
Together with all littoral rights appurtenant thereto.
Together with all rights over the streets and ways as shown on said plan in common with all
others lawfully entitled to use the same,for all purposes for which streets or ways are commonly
used in the Town of Barnstable,Massachusetts.
t3k = 1 O4 r 3-2DS �3$�O
PARCEL II
The land located in Barnstable(Hyannis)bounded and described as follows:
BEGINNING at a point in the southerly line of South Street. Said point being a Land Court
Bound found at the northwesterly corner of the herein described premises;
THENCE S.82°Ol'00"E.,by the southerly lime of South Street seventy-seven and seventy-one
hundredths(77.71)feet to a concrete bound found at the beginning of a curve which connects
said line of South Street to the westerly line of School Street;
THENCE easterly,southeasterly and southerly by said line of School Street and a curve to the
right having a radius of twenty and sixty-two hundredths(20.62)feet an are distance of thirty-one
and seventy-six hundredths(31.76)feet to a point;
THENCE S.06° 13'31"W.,by said line of School Street,two hundred twenty-two and twelve
hundredths(222.12)The to a concrete bound found at land now or formerly of Elaine Karath;
THENCE N.83"46 29"W.,by said line of Karath one hundred eleven and fifty hundredths
(111.50)feet to a point at the land now or formerly of Woods Hole,Martha's Vineyard&
Nantucket Steamship Authority,
THENCE N.12°45101"E.,by land of said Steamship Authority,eighty-two and eighty-nine
hundredths(82.89)feet to a Land Court Bound found at a point;
THENCE N.07°45'53"E.,by land of said Steamship Authority,one hundred sixty-two and
anxty-four(162.64)feet to the point of the beginning.
Containing by calculation,24,819 square feet of land and being delineated as Parcel A on a plan
entitled"Land in Hyannis,Massachusetts,owned by Lewis Bay Motel,Restaurant&Marina,
Inc."dated January 24, 1992 and prepared for filing with the Barnstable Registry of Deeds in Plan
Book 485,Page 93,by Bouley Brother,Inc.Registered Land Surveyors,Worcester,
Massachusetts.
The above described Parcels I and II are conveyed subject to and together with all rights,
reservations,easements and restrictions of recorded insofar as same may be in force and
applicable.
The above-described parcels I and II are a portion of the property deeded from Parker Realty
Corporation to Lewis Bay Motel,Restaurant&Marina,Inc.recorded in Barnstable Count'
Registry of Deeds in Book 3838 Page 140.
tEwt$8Ay Mom,Rri4'rIF+ *Pn f g4enW
IN WITNESS WHEREOF,the said PnrkerAa�jr Corporation has caused its corporate seal o be
hereto affixed and these presents to be signed in its name and behalf by Jordan bevy,its President
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and Richard J.Noonan,its Treasurer on this the *7" day of Mgt! B Fa. 1996.
LEWIS BAY MOTEL,RESTAURANT&
MARINA,INC.
b _ �_
rJor0"y
President IJ
Richaid J.N Treasurer
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLF,ss "Ov0toWA 7, 1996
Then personally appeared the above-named Jordan Levy,President and Richard J.Noonan,
Treasurer and acknowledged the foregoing instrument to be the free act and deed of Lewis Bay
Motel,Restaurant&Marina,Inc.,before me
N ry T
Print Name:
My Commission Expires:
BMTAP.LE COUNTY,
REGISTRY OF DEEDS
COUNTY F yA F REGTAB 01
��QQAM STABLE
i1/07/46 Hiiiiii 11/07/96
TAX 3762.00
TOTAL 3762.00
CHECK 3762.00
TAX 5643.00
0013 CHC9 5643.00
001 #1iii 13A23 482DA000 13:23
COUNTY EXCISE TAX , EXCIeyE TAX
NN 06 196 04:53PM O'MRLLEY & PIZZUTI P.1
�8r,_.l-0
Frt
6 Ig96
INCUMBENCY CERTMCATE
LEWIS BAY MOTEL,RESTAURANT&MARINA,INC.
The undersign,being the duly elected clerk of Lewis Bay Motel,Restaurant&Marina,
Inc.,hereby certifies that Jordan Levy is the duly elected President and Richard C.Noonan is the
duly elected Treasurer of Lewis Bay Motel,Restaurant&Marina,Inc. Further there has been no
action taken by said corporation or its Board of Directors to remove said corporate officers and
the undersigned is unaware of any resignation issued by the said officers.
EXECUTED this the day of November,1996.
LEWIS BAY MOTEL,RESTAURANT&
MARINA,INC.
Zoe
BY:
V
BARNSTABLE REGISTRY OF DEEDS
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Map printed on: 4/16/2019 This map is for illustration purposes only.It is not Parcel lines shown on this map are only graphic Town of Barnstable GIS Unit
adequate for legal boundary determination or representations of Assessor'.tax parcels.They are
Feet regulatory interpretation,This map does not represent not true property boundaries and do not represent 367 Main Street,Hyannis,MA o26oi
n 83 167 an on-the-ground survey.It may be generalized,may not accurate relationships to physical objects an the map 508-862-462¢ ,
reflect current conditions, ndmaycontain such as building locations.
Approx.Scale:i inch= 83 feet cartographic errors or omisasions. gisgtown.barnstable.ma.us
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REFERENCES
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PLAN OF LAND
Pau oua¢w D.Nw vu
rowN PLANNING eoaRn (HYANNIS) BARNSTABLE, MA
AFMVAL 4"o Aar sue,w9w
L[WiR[=mw a NOT RE uw
e"" ' - �° +K�pam•'.'.� SHOESTRING PROPERTIES LP
�.;e>me"tCR WSE NWc? m J.nil
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M OT rCN.Y ONMMtS ,
x[ocmm�a xK e[ev uc•of a
Rmmm ar Me,uolr neroemmve ". E },•.
HYANNIS HARBOR € I w
l>mW �M.ecepaee�n e
s' down Cape ensineering,inc
Yi/ eng;—m
�IyI 1—d surveyors
. , G Y DJ9 Yain SLCvt(Nfs 6A)
e Y.IRMOUMDORr MA OS6r1
oQ N6-W Tr• 96-]61801"-fe-10.1 Na 3CN.[AL
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Olodges
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TOWN OF BARNSTABLE m
PLANNING BOARD VVLF-WIS
APPROVAL NOT REQUIRED
Y
sT I.ls
IZEdItIRY 0�WD
�..o nit rotuire S
a^^_ovai of tho Boar Of Survey JAN 121%2.
c:EeoFci;x
00?
'"y OD`B ' TAM
52 PLAN of LAND 114
byte of
HYAMM S- TA BARNSBLE M A$$. ao° .roNN y
$etroNOfN4 TO OTCOL,E
A Iu.IU6
LEW IS B AY LODGE. INC. 4Po$,�Reo 4
�some
SGAr_e= hrt.SO Pt. 06.c 20.1961
_� JOHN C. O'TOOLE, SURVEYOR x-zss-[so
FIME r Town of Barnstable Regulatory Richard hard S eDireetor
O � Scafi
Regulatory.Services
* ' Consumer Affairs Supervisor
BARNSTABLE, * Licensing Division Elizabeth G.Hartsgrove '
9 M6 S& � 2,00 Mari Street, Hyannis; MA 02601
�Ar 39� ♦.A wwwaown: rnstable
Consumer Affairs Admimstrat'iv."e
Fp.I,�pd ba' .ma,us
Officer Assistant
Telephone: '508-862-4.7-78 Fax: 508-778-2412 . Therese:Gall ant Margaret"Flynn
August'23, 2016
Mitchell's.Cafe Corp '
The Dockside Restaurant
Attn:Velma Roberts
110 School Street
Hyannis, MA 02601
RE AUGUST 22,2016 SHOW CAUSE HEARING DECISION
The Licensing Authority held an advertised :show cause .hearing, on August. 22, 2016 for Mitchell's Cafe
Corp.; dlb/a The Dockside Restaurant, Velma Roberts; Manager; 1'10 School, "Street; Hyannis for the
following violations of the Town of Barnstable,,'MA Code:
§501-5. Physical premises_
No licenses "shall issue or .shall be considered in good. standing unless licensed premises comply with all
statutory' requirements, including all;applicable building codes, fire, health, safety, trash, state and local tax
obligations and other government regulations and laws, (conducting a private parking lot by accepting payment
for vehicles to park at 53 South Street without Zoning approval and a ,private parking lot license issued by the
Town Manager)
After testimony from myself, Consumer Affairs Officer Therese :Gallant, yourself and<Mt. Ornel Roberts; the
following motions were voted 3-0 by the Licensing Authority:
• FINDINGS: .To move that the Licensing Authority determine violation of Section § 501-5 of the
Barnstable Licensing Authority Rules.and Regulations was found;
VERDICT: To'move that the Licensing Authority find The: Dockside Restaurant at 110 School. Street,
Hyannis-guilty'in-violating Section §:601-6 of the Barnstable Licensing Authority Rules and Regulations
by accepting money for an unlicensed operation of a. private parking lot at.53 South Street;
•" 'ACTION: To move that the Licensing Authority suspend the Seasonal All Alcohol Common Victualler
License and Entertainment Licenses for seven consecutive days which you will serve the suspension
September 1248, 2016, and hold an.additional seven days in abeyance for one year from the date of the
hearing.,
The licensee has~the right to appeal' this decision of the Licensing Authority to "the Commonwealth of
Massachusetts Alcoholic..Beverages.Control Commission within five (5) days of receipt of this decision as to
the.Alcohol License and the Barnstable Superior Court--within 60 days.of receipt.of this decision related to the
Common Victualler-and Entertainment licenses.
Should you have any questions please contact this-office..
5R ectfully
Eli- eth G. Hartsgrove
Consumer Affairs Supervisor
Cc Barnstable Licensing Authority,Town ManagerMark Ells,Town Attorney.Ruth,Weil, Dir; of Reg. Services Richard Scali, Lt. Murphy;CAO "
Gallant,Chief.ZEO Robin Anderson
tiiiow Cauca: I learin« 0(!6�iitw
'Ori
Message : !l v �`O° Page 1., f 1
t
Anderson, Robin
From: Gallant, Therese
Sent: Thursday, May 18, 2017 11:37 AM
To: MacDonald, Paul; Scali, Richard; Hartsgrove, Elizabeth; Anderson, Robin
Subject: Empty lot at 53 School Street
Good morning Chief,
Ms. Hartsgrove and I followed up on this complaint filed with the Town about the parking issue in the empty lot`,oh
School Street. Interestingly enough, there was another party that came to 200 Main Street to report the same
information.
On our site visit, it was noted that there are currently 14 MV's and one trailer parked in the lot, the majority of them
being out of state plates (NY primarily). I spoke with Velma at the Dockside (it's not them)who was cordial and; ,.
advised that the vehicles were there earlier this morning, prior to her arrival.
1.later had a phone conversation with the owner of one of the local fishing charter vessels, Joseph Huckemeyer''t.
who confirmed that he was parking some of his customers there. He added that he's been doing this fora
number of years, citing difficulty with finding appropriate parking spaces for his customers. Mr. Huckemeyer does
not have a lease or agreement with Mr. Bornstein but stated that he urges his customers to utilize the Dockside
Restaurant on their return and he believes the Dockside may give them a discount towards a meal purchase.','
Mr-Huckemeyer reported his concerns to me about losing this opportunity to park vehicles there, adding that they
try their best to ask groups to come via bus to avoid these issues. It was suggested that he consider leasing
spaces from some of the private parking lots in the area for his business purposes and he indicated that he would
pursue that option.
NOTE: Although this land is well posted with no parking signs (put up by Mr.Bornstein perhaps?), it is his
property (private)and would not be subject to monitoring by the Town Parking Enforcement. If it were found that
money was being exchanged for parking there, it would become a licensing issue as well as zoning concern (not: ,
zoned for a parking lot). Based upon my conversation with Mr. Huckemeyer, I don't believe that money is being o. ,
exchanged for parking and I have his assurances that he will not be using this lot in the future.
Sincerely,,
Therese'
Therese M. Gallant
Barnstable Police Department
Consumer Affairs Officer
(508):862-4667
5/18/2017
Town of Barnstable
Regulatory Services
Thomas F. Geiler;Director FT
0 CAI
* BAMSTABLE,
MASS. Licensing Authority
1639• ♦
AtFD MA'I s 200 Main Street
Hyannis,MA 02601
www.town.barnstable.ma.us �.
Telephone: (508) 862-4674 Fax: (508)778-2412
May 1, 2008
Mr. Paul Skudris
88 Assabet Road
Quincy, MA 02169
Re: The Dockside
Dear Mr. Skudris
In reviewing the new Lease dropped off at the office today, we noticed that the Lessee is listed .
as Paul Skudris and Jonathan M. Tyler, d/b/a The Dockside. This Lease is not valid for the
liquor license, as the License approved was filed and issued under the name of Rumpy's Beef
& Reef, Inc., d/b/a The Dockside. Nowhere is there. a mention of Jonathan M. Tyler. And
although you are listed as Manager, the corporation held the lease and license.
This lease must either be amended to name Rumpy's Beef& Reef, Inc. as the lessee (in which
case you would need to immediately file with the Licensing Authority to amend your All Alcohol
Common Victualler License to add Mr.,Tyler as a new stockholder, officer or director of the
corporation and provide a lease naming the corporation as the Lessee),.if that is the case, OR
you must apply to transfer the license to yourself and Mr. Tyler as individuals. Both of these
scenarios require a filing with the ,Town of Barnstable Licensing Authority, a hearing, and
subsequent approval by the ABCC.
Any changes in the terms of any alcohol license require both a local hearing and the approval
of the ABCC. These changes should not be made until after such approvals are received.
Please advise the Licensing Authority at your earliest convenience as to your intentions with
respect to the holder of the license and lease. We will diary this matter for two weeks, within
which time we request that you provide a new lease or filing for changes to your license.
Thank you for your assistance.
Respectfully,
Thomas F. Geiler,
Director of Regulatory Services
TFG/cpa
QAWPFILESUCENSIN&Liquor LicenseesTocksideltr5-1-08.Doc
MAy. 3U. ZUU/ lU: IIAM NU, 934 N. 1
The A3CC BLUE 300K(May,A.
THE COMMONWEALTH OF MA.SSACHUSBTTS
ALCOIiOLIC BEVERAGES CONTROL COMMISSION
FORM 43
7(L Barnstable S/14/07
License Number City/Town Date
Type of Transaction (Please check all relevant transactions)
( x) New License ( ) New Officer/Director ( ) Pledge of License
( ) Transfer of License ( ) Change of Location ( ) Pledge of Stock
( ) Change of Manager ( ) Alter Premises ( ) Othcr
( ) Transfer of Stock
Rumpy's Beef and Reef. Inc. 20-8815066
Name of Licensee FID of Licensee
The Dockside Paul W. Skudris
D/B/A Manager
I10 School Street Hyannis, MA 02601
Address: Number Street Zip Code
Annual All Alcohol Restaurant
Annual or Seasonal Category: All Alcohol, Witte & Mal: Type: Restaurant. Club, Package
Store, Hotel, General on Premise, Etc.
Premises:
Description of Licensed Properry: . Cellar: an,c room for storage. First floor: outdoor pario,,indoor porch/dining
area; lounge and bar area, men's•and ladies-' restrooms; kitchen (including dish room, prep area. talce-out window
section, employee restroom (men's and ladies'), stairway to full cellar for storage. Main entrance v wtit side at School
Street to patio and dining room, side entrance on c�sz side; einployce a on norr „ae.
Application was filed: 4/25/4 2:35 pm Advert>sredt S 4YJn7 Rarnst blo
Patriot_
Date & Time
Abuttpts Notified: X Yes No
Person to contact regarding this transaction: Ron S. Jansso , Esq.
PO Box 147, Baxx mble. MA 02630
MA)1 ,5ZOOl 509 3 62-33 77
The focal Licensing Authorities Alcoholic Beverages Control Commission
BY' ' Cheryl Marshall. /i
Executive Director 0 20U1
Mai 25 00 04: 06p t p. 1
FILE No.074 05/25 '00 PM 02:47 1D:BORNSTEIN COMPANIES , FAX:5087756526 PAGE 1
HOLLY MANAGEMENT & SUPPLY CORPORATION
EDWIN E.TAIPALE,Attorney Phone: ( 508) 775-4200
297 North Street Fax: (608 ) 775-8789
Hyannis,Massachusetts 02601 email: ®et0icapecod.net
May 25,2000 ViA FACSiMILE No.(508)775-3344
Ralph M. Crosson, Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Dockside Parking
i 10 School Street
Deur Mr. Crusset1:
I am writing on behalf of Shoe3tring.11roperties Limited Partnership,the owner
net of the property .
currently known as the; Dockside. I understand that an Issue has arisen regarding a parking
license for this property.-
1 am inrormed by the owner that annual parking license. have been issued.for the property for,at
least, 11 years. Based upon this infnrmtition it i,ppeard that General Laws, Chapter 40A, Section
7 bares any action to compel the"ahandontment, limitation or modification of the use allowed by
said perrnit._.. urtiess such ilction.... is cornnienced..,.. within six years next after the
cornmcnecmcn.t of the alleged violation of law":
The Supreme Judicial Court, in tbo case of Cape Resort Hotels, Inc. v. Alcoholic Licensing
Board of Falmouth, 385 MuaA ut`219, has held that the protections afforded by General Law
Chapter 40A Section 7 extend beyond the uses a.uthoriied by the original building permit for the
property and can apply to a range of subsequent permitted uses and/or improvements. Moreover,
the Appeals Court, in Durbin v. Board of Appeals ul' Falmouth 21 Mass App. CL 450, leas .
suggested that such a use can be considered similar to a lawful non-confonnittg use under
General Laws Chapter 40A Section G.
"There is also the possibility that the facts may show that Lhc parking is, in fact, a lawful pre-
existing use,pre-dating even this 11 year period flint the parking licenses have peen granted.
Mad 25 00 04: 06p p. 2
FILE No.074 05/25 '00 PM 02:47 ID:BOWSTEIN CDNPANIES FAX=5087756526 PAGE 2
May
25 20 0
Y 0
Page 2
Bused on the foregoing, the owner i.s roqucsting a 30 day temporary pai•kuig license until this .
ma.tier can he filly researched in order to protect the owner's right to du, process, and its
continued beneficial use of the Property.
Thank you for your consideration in this matter.
Very trul yours
Edwin E. Taipale
i
EhT-.jk
°10HE A
The Town of Barnstable
BAMSTABM
9 MAES' 0 Department of Health Safety and Environmental Services
16
�AIEoa", a Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
June 28,2000
Edwin E.Taipale,Attorney
Holly Management and Supply Corporation
287 North Street
Hyannis,MA 02601
Re: Dockside Parking
1 10 School Street
Dear Attorney Taipale:
Please be advised that there is no evidence of record to support grandfathered status for your parking lot.
Your argument on the ten year provision of 40a Section 7 not withstanding.
You have the right to appeal this decision. If you so choose,I will be more than happy to help.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMC/lan
x
g000628a
Town of Barnstable
Regulatory Services e
9BAMffrrABLE,� Richard Scali,Director.,
`�prfo;o�A`` Building Division _
Paul Roma
-Building Commissioner
200"Main Street, Hyannis,MA OZ601*. " w
www°town.barnstable.ma,us
Office: 508-862-4038 4'+ r Fax:. 508-790-6230
November , 2016 a ,
r
Gail Hanley, Clerk
Cape Cod Commission _
P.O. Box 226 41
Barnstable,MA 02630 #
Re: Jurisdictional Determination forHyannis Regulatory Agreement
Dockside Residences=1"10 School Street and 53 South Street, Hyanns,MA `7
r
m
Dear Ms.Hanley
I am writing pursuant to Cape Cod Commission Regulations, Chapter D,Development
Agreement Regulations Governing the provisions for Development Agreements,
Barnstable County Ordinance 92=4, as amended through July 19,2005, Section 6(b), and
Chapter 168 of the Barnstable Code. `
This letter is to inform you that-the town has received a request fora regulatory agreement
for the property-located at 110 School Street and 53.,South Street,Hyannis, Massachusetts. °
The proposal is to.construct a total of33 residential condominium units on the two parcels-
to be serviced by town sewer and"water: Ak copy of the Regulatory Agreement Application
is enclosed for your files. I-have determini.ed that the_proposed development is not ar
Development of Regional Impact at this time for the following reasons:
proposed[]
The ro development p p p does not meet or exceed one or more of the Cape Code +
Commission mandatory thresliol ds,for review,as a Development of Regional-Impact as set ,
° forth in the Cape Cod Commission Enabling_Regulations, Chapter A, Section 3. ;
[� The proposed development is located in the Hyannis Growth Incentive Zone(GIZ) as
approved by the Cape Cod Commission by decision dated April 6,2006, and the"proposed ,
development is included within the area authorized by Barnstable County Ordinance 2006
06 establishing a cumulative development threshold'within the,GIZ;under which this '
'development mayproceed. , ° .
r
In addition,the project does not meet or exceed the DRI Thresholds established under
Condition#G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis
Growth Incentive Zone, dated April 6,2006, as follows:
1. The project is not an addition or expansion associated with the Cape Cod Hospital;
2. The project is not a proposed demolition or substantial alteration of an historic
structure or destruction or substantial alteration to an historic or archaeological site
listed with the National Register of Historic Places or Massachusetts Register of
Historic Places, outside a municipal historic district or outside the Old King's
Highway Regional Historic District;
3. The project does not provide facilities for transportation to or from Barnstable
County,including but not limited to ferry,bus,rail, trucking terminals,transfer
stations, air transportation and/or accessory uses,parking or storage facilities, and
any auxiliary or accessory uses are not greater than 10,000 s.f. of Gross Floor Area
or 40,000 s.f. of outdoor area; and
4. As represented by the applicant,the project does not require an Environmental
Impact Report under MEPA.
Please contact me if you have,any questions regarding this matter.
Sincerely,
4
Paul Roma
Building Commissioner
Town of Barnstable
Y '
s ' e4L
R
aMffrAup, _ The Town of Barnstable {
26)9. Planning Board
200 Main Street,Hyannis,MA 02601-
Office: 508-862-4786y l :
Fax:. 508-862-4725 i
JURISDICTIONAL DETERMINATION
REGULATORY AGREEMENT g k
HYANNIS VILLAGE ZONING DISTRICTS
Pursuant to Section 168 of the Barnstable Code,this Jurisdictional Determination Form establishes "
whether an applicant may enter into a two-party Regulatory Agreement with the Town of Barnstable.'This
form shall be submitted to the Barnstable Building Commissioner, The Barnstable Building Commissioner
shall, at their sole discretion, determine when a Jurisdictional Determination Application is complete and
will contact the applicant when a determination has been made, The:Building Commissioner may request
additional information if necessary.
A project proponent may seek to enter into 6 Regulatory Agreement WITHOUT the Cape Cod
Commission as a party if the proposed project is NOT the type of project excluded from the Hyannis
Growth Incentive Zone(GIZ)cumulative threshold.` (Stated another way, the Cape Cod Commission r
must be a party to the Agreement if the project is the type that does not qualify for the GIZ cumulative
threshold.) As required by Section 168, a copy of this Jurisdictional Determination Form will be forwarded ,
to the Cape Cod Commission.' '
Submit three(3)copies of the following to the Town of Barnstable Building Commissioner-
(1) Jurisdictional Determination Form. Please note that Jurisdictional Determination Forms do not require'.,
the submission of an abutters list .�
(2)Completed Regulatory Agreement Application including all sulmission,requirements
APPLICANT/OWNER INFORMATION "
Applicant.Name': Shoestring'Properties,-LLC Phone: 508-775-9316
Applicant Address: 297 NortliStreet, Hyannis,MA 02601
Applicant Email Address 'tbusby�a.hollymanagement.com
Property Owner (if different): :
Phone:
Address of Owner(if different) T
Al
If applicant differs from owner, state nature of interest: 2
1 The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. -
?If the applicant differs from owner,the applicant will be required to submit one original notarized letter authorizingr
the application,a copy of an executed purchase&sales agreement or lease',or other documents to prove standing
and interest In the property.' F '
r:v
PROPERTY INFORMATION -
Property Assessor's Map/Parcel Number(s): Map 326 Parcels 121 and 125
Property Address: 110 School Street and 53 South Street,Hyannis, MA
Deed Recording: Book 10473 , Page 204
Plan Recording: Plan Book 642 Page 74
Zoning District: Harbor District
Number of Years Owned: 20
Total land area subject to the Regulatory Agreement: 57,690 f scift (1.32 t acres)
PROJECT INFORMATION '
Project Name: Dockside Residences
Regulatory Agreement Requested: ,
To allow construction of 33 condominium units in nine buildings (NB: for Fire Dept.
purposes it is two buildings) on 1.32 t acres of land as per plans submitted with
application.
Gross Floor Area3 of all existing buildings: 7,176 sq. ft. (Per Assessor's Records)
Gross Floor Area of all proposed demolition -7,176 sq. ft.
Gross Floor Area of all new buildings: 88;959 sg. ft.
Net Gross Floor Area of buildings/structures:` 81,783 t sq. ft.-
If more than one land use is proposed, Gross Floor Area of each proposed use with a brief
description of each use:
Total number of residential units proposed: Thirty Three(33)
3 For these'purposes Gross Floor Area is defined as: "The sum of the area of all floors within the perimeter of a
building, located either above or below ground level, except underground parking within the structure and accessory
to the principal use shall not be included in the total gross floor area. Gross Floor Area shall be expressed in square
feet and,measured from the exterior face of the exterior walls, or the centerline of shared walls. It shall include all
floor levels including basements, mezzanines and attics without deduction for hallways, stairways, elevator shafts,
mechanical rooms, closets, thickness of walls, columns or other similar features, Outdoor areas used for storage,
sales,service and display shall also be included in the total Gross Floor Area."
2
QUALIFICATION TO PROCEED WITHOUT CAPE COD COMMISSION PARTICIPATION
1. Is the project located within the Hyannis Main Street Waterfront Historic District (HMSWHD)?
Yes ® No ❑
If the project is NOT located within the HMSWHD, does the project propose demolition or-
substantial alteration of an historic structure or destruction or substantial alteration to an historic
or archaeological site listed with the National Register of Historic Places or Massachusetts
Register of Historic Places? Yes ❑ No ❑
If yes, explain what, if any, part of the structure or site`is proposed to be demolished or
substantially altered and the nature of the proposed alteration: A Certificate of Demolition has
been obtained to remove a residential structure (which has been removed) and the Dockside
Restaurant, both of which are located at 110 School Street Hyannis MA
2. Is the project an addition or expansion associated with the Cape Cod Hospital that meets or
exceeds a DR[ threshold? Yes ❑ No ❑ .
3. Does the project provide facilities for transportation to or from Barnstable County, including
but not limited to ferry, bus, rail, trucking terminals, transfer stations, air transportation and/or
accessory uses, parking or storage facilities, and any,auxiliary or accessory uses greater than
10,000 SF of Gross Floor Area or 40,000 SF of outdoor area? Yes ❑ No
4. Does the project require the filing of an Environmental Impact Report under MEPA?
Yes ❑ No
REQUIRED.JURISDICTIONAL DETERMINATION FILING MATERIALS
Completed Regulatory Agreement Application
SIGNATURE
The undersigned intends to file Regulatory Agreement Application with the Planning Board of
the Town of Barnstable for a Regulatory Agreement, in the manner and for the reasons set forth `
above:
Signature;
Applicant(s) or Applicant's Representative
Print: John W. Kenney, Esq. a.
Signed by:- ❑Applicant ❑ Applicant's Representative
Date: November 10, 2016
Mailing Address of Applicant(s) or Applicant's Representative
1550 Falmouth Road, Suite 12, Centerville, MA 02632
Email Address of Applicant(s) of Applicant's Representative john(c.jwkesg.com
3
TOWN OF WARNSTABLE BUILDING PERMIT APPLICATION
Map 326 Parcel 121 T,iW "OF BARNSTABLApplication #
Health Division +¢. Date Issued H-/q'!w p�
Conservation Division Application F
Planning Dept. Permit Fee
o
Date Definitive Plan Approved by Planning Board _ ICT 4
Historic - OKH _ Preservation/ Hyannis I
��vyl C4
Project Street Address 110 School Street , Hyannis, MA 02601
Village Barnstable
Owner Shoestring Properties , LLC Address 297 North St. , Hyannis
Telephone 508-775-9316 QQ
Permit Request Demolition permit �o LCMS E/k>l ( o r,76c cp7rA6 C
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District hL Flood Plain Groundwater Overlay
Project ValuationSr Construction Type
Lot Size Grandfathered: ]Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units)
Age of Existing Structure 25 yrs? Historic House: ❑Yes ® No On Old King's Highway: ❑Yes W No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing _new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ZI No If yes, site plan review #
Current Use empty Proposed Use none
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name Stuart Bornstein Telephone Number 508-775-9316
Address 297 North St. License # CS-018226
Hyannis, MA 02601 Home Improvement Contractor#
Email tbusby@hollymanagement. com Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE 3-28-16
FOR OFFICIAL USE ONLY
APPLICATION #
DATE ISSUED
MAP/ PARCEL NO.
ADDRESS VILLAGE
,OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT
ASSOCIATION PLAN NO.
y
Massachusetts Department of.'public Safefy
Board of Building Regulations,and Standards
Licenses CS-018226 E
= onstruction Supervisor x.
i STUART A BORNSTEIN s '
297 NORTH STREET '
HYANNIS MA 02601
`-- Expiration;
Commissioner 10/31/2017
ibis le�ev IiS-(s
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i3�- Ils��v�e
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4 y Tresa Busby
From: Weldon, Patricia A. <Patricia.Weldon@nationalgrid.com>
Sent: Wednesday,April 06, 2016 8:29 AM
To: tbusby@hollymanagement.com
Subject: Cottage at 110 School St, HYA (aka 33 South St,)
Attachments: Scanned from a Xerox Multifunction Printer.pdf
Hi Theresa,
Attached is our `fetter verifying no gas at the above property. Our wraps show the
cottage here is known as 33 SouthSt.
There is still a gas line at The Dockside. Let me know if you need anything more.
Thank you,
Patti Weldon
508 -760-7484
-----Original Message-----
Frown: XRXNGUSO78MFD02@nationalgrid.cowt
[mailto:XRXNGUS078MFD02@nationalgrid.comJ
Sent: Wednesday, April O(o, 201-6 8:04 AM
To: Weldon, Patricia A.
Subject: Scanned from a Xerox Multifunction Printer
Please open the attached document. It was scanned and sent.to you using a Xerox
Multifunction Printer.
Attackment File Type: pdf, Multi-Page
Multifunction Printer Location:
Device Name: XRXNGSU078MFD02
i
,r
national g ri
ld
April 6,2016
Holly Management
Hyannis,MA
To Whom It May Concern:.
RE: Old Lewis Bay Lodge Cottage—aka as 33 South St.,Hyannis,MA
This letter is to confirm that we have verified 11 there is no gas on the property on April 5,
2016 on the property. V
I can be reached directly at 508-760-7484 should.there be.any further.questions.
incer ly,
w
Ptti Weldon.
Gas Sales Support Representative
Cape Cod.
t
Tresa Busby
From: Paul.Bowe@eversource.com
Sent: Friday,April 08, 2016 3:54 PM
To: tbusby@hollymanagement.com
Subject: Demo letter
Attachments: 110 School St demo letter.pdf
Paul A. Bowe
Customer Service Engineer
Eversource
1 NSTAR Way SW330
Westwood, MA 02090
781-441-3381
paul,bowe@eversource.com .
This electronic message contains information from Eversource Energy or its affiliates that may be confidential,
proprietary or otherwise protected from disclosure. The information is intended to be used solely by the
recipient(s)named. Any views or opinions expressed in this message are not necessarily those of Eversource
Energy or its affiliates. Any disclosure, copying or distribution of this message or the taking of any action based
on its contents, other than by the intended recipient for its intended purpose, is strictly prohibited. If you have
received this e-mail in error,please notify the sender immediately and delete it from your system. Email
transmission cannot be guaranteed to be error-free or secure or free from viruses, and Eversource Energy
disclaims all liability for any resulting damage, errors, or omissions.
i
One NSTAR'Way,:Westwood,Massachuseits::02090-9230
( INE
Apri18,2016` \
Campbell's Boat Works
PO BOX I
N Falmouth,MA 02556
RE: 110 School St HYA (sinall building:on South.St only,not larger
restaurant)
To Whom It May:Concern:
At Eversource,we':re comrriitted to delivering B eat service
Thisletter:serves,aslconfirmation'that,as of Apri18,2016 the electric service:to the above address has
been removed.
Based on this information #here is no;electric power at this address and you may proceed
with<the demolition. If you have any question`s,.please contact me at(78;1)441=3381.
Sin :erel.
Paul A.Bowe "
Customer.Service Engineer
47 old XarMOUth Rd.
Department of Public Works P.O.Box 326
its "yannis,MA.
Water Supply Division 026011.0326
TEL,505-175-0063
'ARNMBM
n ► t'dtiQ11S FAxE soa.7ga=a3�a
Hyannis Water System Operations
MIS
April 1,2016
Town of Barnstable
Building Inspector
Town Hall
14yams,MA 02601
Re: 1.10 School Street—Vacant—Lewis Bay Lodge Cottage
Dear Sir:
Please be advised that the above vacant building has no water service line. Therethe
bwater gexvice to
the Dockside Restaurant. The owner has informed us that they are demolisly g
If you have any questions,please call the office at(508)775-0063.
Sincerely,
Jar ✓ .� a
Swrckk
Hyannis Water System
f
aiP
Town of Barnstable
r
Hyannis Main Street Waterfront Historic District Commission
www.town.bamstable.ma.us/hyannismainstreet
Decision—Certificate of Demolition
110 School Street(2 buildings)
The Hyannis Main Street Waterfront Historic District Commission;pursuant:to the Code of the Town of
Barnstable Chapter 112,Historic Propereies,.Article IH,Hyannis Main Street Waterfront Historic District,
hereby approves a Certificate.of Demolition for the following property:
Property Address: .110 School Street,Hyannis
Assessor's Map/Parcel: 326121
At the hearing on July 1, 2015, after consideration of the testimony given.and materials submitted by the
applicant and members of the public, the Commission.found the proposed demolition would not impair the
public interest or general;welfare of the people of-Barnstable andwould not undermine the purpose and intent of
the Historic District. In.the case of the "Dockside"restaurant,.the Commission found the structure had been
substantially altered.and did;not contribute to the historic.or maritime.character of the District. In the;case of the
residential structure,the Commission.found the building was-so deterioratedthat restoration was not structurally
or economically feasible.The Commission gnsidered.the location,austorical significance,and condition of the
buildings in making these findings.
Based on these findings, the Commission voted to. grant a .certificate-of demolition for the "Dockside:
Restaurant"building and the vacant residential structure subject to the following condition(s):
1. Permits from the:$uilding Division shall be,required.priorto demolition of the.structures.
Present and voting in the affirmative to grant the certificate of demolition.w.ere::.George Jessop,Paul Arnold,
Marina Atsalis,and Brenda Mazzeo,John Alden
Opposed:None
Absent:.David Colombo,William Cronin and TarynThoman
�� .. ; fib.
George A.Jessop,Jr.,AIA,Chair Date
Hyannis Main Street Waterfront Historic.District:Commission
cc: Stuart Bornstein aka Shoestring Properties,.LLC,Applicant '
Tom Perry,Building Comtmssioncr
File
1,Ann Quirk,Clerk of the Town of Barnstable,Barnstable County,:Massaciiusetts„hereby certify that twenty
(20)days have elapsed since the Hyannis Main Street Waterfront Historic District Commission filed this
decision and that no appeal,of the decision has been filed in the office of:theTown Clerk.
Signed and sealed this ` 1r-- day of under the,pains and penalties of perjury.
Anti Quirk,Town`..lerk
• The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 WYashhTton,street
Boston,MA 02111 -
www.massgov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/EIectricians/Plmmbers
Applicant Information Please Print Legibly
Name(Busmess/OrganiratiozIndividual): Ew QW&Wfinn CO V,
Address:
City/State/Zip 16ma, UA6 I Phone#: I
Are y u an employer?. eck the appropriate box: Type of project(required):
1.�am a employer with 4. I am a general contractor and I
////// * have hoed the sub-contractors 6. ❑New construction
employees(full and/or part-time).* .
2.❑ I am a sole proprietor or partaer- listed on the attached sheet. T. ❑Remodeling
slip and have no employees These sub-contractors have g• _0 Demolition
working for me in any capacity. employees and have workers' _ .
Comp-incnrance,t 9. ❑Building addition .
[No workers' comp.insurance P• • .F.
required.] 5. We are a corporation and its 10.0 Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions
myself-[No workers'comp. right of exemption per MGL 12 J]Roof repairs
insurance required.]t c. 152,§1(4),and we have no 13.[]Other
employees.[No workers'
comp,insurance required-]
*Any applicant that checks box#1 must also fill out the section blow showing their workers'compensation policy infomration.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employees. If the sub-contractors have employees,they mast provide their workers'comp.Policy number.
I am an employer.that is pravidrng workers'compe-nsa on fnsurancefor my employees. Below is the policy mzd job site
information_ _
-*P Instnonce Company Name: AfloAlG �Q,r
7 Policy#or Self-ins.Lie.#: WCV O I�O(k� Expiration Date: I� O�I I
Job Site Address: • �o �.1 IW l Vl, f City/State/Zip: �o
Attach a copy of the workers'compensation policy.declaratiou page(showing the policy xiumbtr and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
l do hereby certify under the pains and penalties of perjury that the information provided above is true and correct
I
-•Si• Signature:at - _ . 8f
---- - �j' �•••�t-� •--- Date:
Phone#:
Official use only. Do-not write in this area to be completed by city or town official
City or-Town- 2e=UVcFi3re:9
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
Information and Instructions
Massachusetts General Laws chapter 152 requires all'employers to provide workers' compensation for their employees.
pursuant to this statute,an employee is defined as"...every person in the service of another Linder any contract of hire,
express or implied, oral or written_"
An employer is defined as an individual,partnership,association,corporation or other legal entity,or any two or more
of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house
or on the grounds or-building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required."
Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall`
enter into any contract for the performance of public wor''k until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit or license is being requested,not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insr'rrance license number on the appropriate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out is the event the Office of Investigations has to contact you regarding the applicant.
Please be sire to fill in the permh/license number which will be used as a reference number. In addition,an applicant
that must submit multiple,permit/license applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or
town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for firture permits or licenses. A new affidavit must be filled out each
citizen is obtaining a license or permit not related to any business or commercial venture
a one owner or g
year.Where h
t to bum leaves etc. said person is NOT required to complete this affidavit.
a do license or permit )
(Le. g p
(
The Office of Investigations would like to thank you in advance for your cooperation and.should you have any questions,
please do not hesitate to give us a call.
The Department's address;telephone and fax number. -The Commonwealth of Massachusetts,
Department of Industrial Accidents
Office of Investigations
6.00 Washington Stet
Boston.,MA 02111
Tel.#617-727-4900 ext 406 or 1-977-MASSAFE
Fax#617-727-7749
Revised 4-24-07 wwwmass.gov/diE.t
Town Of Barnstable Regulatory Service Director l
�FTHE 1r Richard Scali 4
Regulatory Services
Consumer Affairs Supervisor.
* BARNSTABLE, * Licensing Division . `" Elizabeth G.Hattsgrove . i
9 MASS. g 200 Main Street, Hyannis,MA 02601 .
11639. 0
Consumer Affairs Administrative
Arlo Hlp`�A www.town.barnstable.ma.us Officer Assistant
Telephone: 508-862-4778 Fax: 508-778-2412 . Therese Gallant Margaret Flynn
July 13, 2016 j
Mitchell's Cafe Corporation' €
Dockside Restaurant
Attn: Velma Roberts
,110 School Street
Hyannis, MA 02601 _
t
Re: CEASE & DESIST, Violation of Section 1 of the Parking Lot Rules and Regulations
Dear Ms. Roberts:
On July 13, 2016 a site visit was conducted at 7:40am, at the lot across from your establishment
located at 53 South Street by myself. It was noted at the site visit 41 vehicles, 1 school bus and
1 boat on a trailer parked on the property.
I also observed two individuals in one-vehicle'(Toyota highlander) and one individual in the
second vehicle (Lexus SUV) enter the lot at 53 South Street. All three individuals walked over to I
your establishment, one directly to the takeout window. I observed money being exchanged and
then the individual joining the other two in the group. After questioning the three gentlemen if
they had paid for island parking; they, confirmed that they paid$15.00 for each vehicle to be
parked while they went on the ferry.
I proceeded to the service takeout window and talked to the employee who was at the window .
at the time the payment was received, who stated his name was "O'Neill". I asked Mr. O'Neill if
he had taken payment for island parking on 53 South Street, which he confirmed he did.
I returned to the property at approximately 8:15am with Consumer Affairs' Officer Therese
Gallant. As CAO Gallant went to question Mr: O'Neill about the acceptance of money for parking
at 53 South Street, I witnessed:
• an additional 2 vehicles parked on the lot;
• signs on the dashboards of approximately 7 vehicles stating "Nantucket Sound Parking
7/13/16";
Approximately 11 number of vehicles with paid parking receipts displayed on the dash; I
• Two vehicles with phone numbers listed on handmade signs on the dash; and
• One vehicle with "Holly Management"written on'a handmade`sign on the dash .
After further questioning Mr. O'Neill and investigation conducted by myself and CAO Gallant, it i
is evident that the Dockside Restaurant, located at 110 School Street; Hyannis is conducting an
unlicensed private parking lot operation on 53 South Street.
Town of Barnstable Parking Lot Regulations Section 1 ,
Parking lots must comply with all Town of Barnstable Ordinances and Regulations and shall
meet the requirements of zoning, including the site plan review process... NO PARKING i
LOT SHALL BE OPERATED WITHOUT A VALID LICENSE ON THE PREMISES.
This letter serves as notice to Dockside Restaurant at 110 School Street, Hyannis MA is in
Doc.i<:.ide I ,:a lttrafit.. 110 .S llnol
4
. V mldlion t.Itmilm,(l''hl 1)csitwt. 'slit! t t,ly: J
'T I
This letter serves as notice to Dockside Restaurant at 110 School Street, Hyannis MA is in
violation of the Town of Barnstable Parking Lot Rules and Regulations, Section 1 by conducting
and operating a private parking lot by exchanging money for private vehicles to park on a lot
abutting your licensed premise, must immediately cease and desist all unlicensed parking
lot operations and are being, cited for each vehicle confirmed with receipts and written I
acknowledgement on the dashboards demonstrating such, found on'July 13, 2016.
In addition you are hereby directed to appear before
re the Barnstable Licensing Authority on
August 22, 2015 at 9:3Oam at the Town Hall Building, 367 Main Street,,Hyannis in,the 2nd Floor
Hearing Room for a Show Cause Hearing as to why your Seasonal All Alcohol Common
Victualler and Entertainment licensed should not be modified, suspended or revoked due to the
following violations:
§ 501-5. Physical premises:
A. No licenses shall issue or shall be considered in good standing unless licensed premises
comply with all statutory requirements, including all applicable building codes; fire,
health, safety, trash, state and local tax obligations and other government regulations
and laws. (44 counts —conducting a private parking lot by allowing 43 vehicles and one
school bus to park at 53 South Street,-at least.20 with receipts acknowledging payment
for parking, without Zoning approval and a private parking lot license issued by the Town
Manager)
You have the right to be represented by a legal representative of your choice and you will also
have the opportunity to present evidence and question witnesses at the hearing.
Should you have any questions regarding this matter or what uses are permitted through zoning
or licensing please contact the Department of Regulatory Services.
Re .ctfully, .
Eliz eth G. Hartsgro e _ I
Consumer Affairs Supervisor
- t
. I
CC: Mark Ells,Town Manager
Ruth Weil,Town Attorney
Richard Scali,Director of Regulatory Services
CA Officer Gallant
Licensing Authority A
tt�
ENCLOSURE: Photographs of 110 School Street and 53 South Street,dated July 13,2016
Citation #81221, 78782, 78783, 78785, 78787, 81224, 78776,78777, 78778, 78779, 78780, 78781, 81220, 81223,
81219,81218,81217,81216,81215,81222
s'
Eh/1
I lo(';k;ido Re.Mituram, 110 Ikhool 1` irtct
t•�ic�lfllR'dt, C ([ilflnn. l.�c'iL•;;' .�'. 1)l",I°;l, .`'1'Ytri: t.;a!1�,1
Juk i.i. .'fl16 I
g
'r
Massachusetk;-Dep artment of Environmental Protection
Bureau of Resource Protection Waterways Regulation Program X227646
Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
Water-Dependent, Nonwater-Dependent,Amendment
G. Municipal Zoning Certificate_
Dockside Realty Trust
Name of Applicant
110 School Street Hyannis Inner Harbor Barnstable
Project street address Waterway Cityfrown
Description of use or change in use:
The use is to provide the applicant with commercial access to navigable waters.
To be completed by municipal clerk or appropriate municipal official:
I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
I-re AD
0
Pri ted Name of Municipal Official Date
Signature of Municipal Officiadle City/Town
CH91App.doc-Rev.6/06 Page 6 of 13
i
Enter yo01'r transmittal number X227646 "'�` r
Transmittal Number
Your unique Transmittal Number can be accessed online: http://mass.gov/dep/service/online/trasmfrm.shtml or call
MassDEP's InfoLine at 617-338-2255 or 800462-0444(from 508,781,and 978 area codes).
Massachusetts Department of Environmental Protection . .
Transmittal Form for Permit Application and Payment
1. Please type or A. Permit Information
print.A separate
Transmittal Form BRP WW01 B Water Dependent
must be completed 1.Permit Code:7 or 8 character code from permit instructions 2.Name of Permit Category
for each permit Marina Facility, Mainenance& Improvement Dredging
application.
3.Type of Project or Activity
2. Make your
check payable to B. Applicant Information-- Firm or Individual
the Commonwealth
of Massachusetts Dockskice Realty Trust
and mail it with a 1.Name of Firm-Or,if party needing this approval is an individual enter name below:
copy of this form to: Kurker Wayne G.
DEP,P.O.Box
4062,Boston,MA 2•Last Name of Individual 3.First Name of Individual 4.MI
02211. 1Willow Street
5.Street Address
3. Three copies of Hyannis MA 02601 508-790-4000 130
this form will be 6.Cityfrown 7.State 8.Zip Code 9.Telephone# 10.Ext.#
needed. Wayne G. Kurker
Copy 1-the 11.Contact Person 12.e-mail address(optional)
original must
accompany your
permit application. C. Facility, Site or Individual Requiring Approval
Copy 2 must
accompany your Dockside Marina
fee payment. 1.Name of Facility,Site Or Individual
Copy 3 should be 110 School Street
retained for your 2.Street Address
records Hyannis MA 02601 508-790-4000 130
4. Both fee-paying 3.City/Town 4.State 5.Zip Code 6.Telephone# . 7.Ext# "
and exempt
9.applicants must 8.DEP Facility Number(if Known) Federal I.D.Number(if Known) 10.BWSC Tracking#(if Known)
mail a copy of this
transmittal form to: D. Application Prepared by (if different from Section B)*
MassDEP Braman Surveying &Assoc. LLC
P.O.Box 4062
Boston,MA 1.Name of Firm Or Individual
02211 140 Marion Road
2.Address
*Note: Wareham N% 02571 508-295-2128
For BWSC Permits, 3.Cityft-own 4.State 5.Zip Code 6.Telephone# 7.Ext.#
enter the LSP. Robert A. Braman, Jr. -
8.Contact Person 9.LSP Number(BWSC Permits only)
E. Permit - Project Coordination
1. Is this project subject to MEPA review? ®yes ❑ no
If yes,enter the project's EOEA file number-assigned when an
Environmental Notification Form is submitted to the MEPA unit: 13012
_ EOEA File Number
F. Amount Due
DEP use only Special Provisions:
1. ❑Fee Exempt(city,town or municipal housing authority)(state agency if fee is$100 or less).
Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status.'
2. ❑Hardship Request-payment extensions according to 310 CMR 4.04(3)(c).
Rec'd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10).
4. ❑Homeowner(according to 310 CMR 4.02).
Reviewer. 2955 270.00 01/27/09
Check Number Dollar Amount Date
Massachusetts bepartment of Environmental Protection
. .� X227646
Bureau of Resource Protection -Waterways Regulation Program _
Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
Water-Dependent, Nonwater-Dependent,Amendment
Important: A Application Information Check one
When filling out PP
toms to the NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing
computer,use P P PP� g
only the tab key Package for BRP WW06.
to move your
cursor-do not Name(Complete Application Sections) Check One Fee Application#
use the return
key. WATER-DEPENDENT-
�II General(A-H) ❑ Residential with<4 units $175.00 BRP WW01a
Other, $270.00 BRP WW01 b
❑ Extended Term $2730.00 BRP WW01c
Forassistance _.............................................................................................................................................................
in completing this Amendment(A-H) ❑ Residential with <4 units $85.00 BRP WW03a
application,please
see the
"Instructions'. ❑ Other $105.00 BRP WW03b
NONWATER-DEPENDENT-
Full (A-H) ❑ Residential with<4 units $545.00 BRP WW15a
❑ Other $1635.00 BRP WW15b
❑ Extended Term $2730.00 BRP WW15c
Partial(A-H) ❑ Residential with<4 units $545.00 BRP WW14a
❑ Other $1635.00 BRP WW14b
❑ Extended Term $2730.00 BRP WW14c
Municipal Harbor Plan(A-H) ❑ Residential with<4 units $545.00 BRP WW16a
❑ Other $1635.00 BRP WW16b
❑ Extended Term $2730.00 BRP WW16c
Joint MEPAIEIR(A-H) ❑ Residential with <4 units $545.00 BRP WW17a
❑ Other $1636.00 BRP WW17b
❑ Extended Term $2730.00 BRP WW17c
Amendment(A-H) ❑ Residential with <4 units $435.00 BRP WW03c
❑ Other $815.00 BRP WW03d
❑ Extended Term $1090.00 BRP WW03e
CH91App.doc•Rev.6/06 Page 1 of 13
f
Massachusetts40epartment of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X227646
Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
Water-Dependent, Nonwater-Dependent,Amendment
B. Applicant Information Proposed Project/Use Information
1. Applicant:
tYT
oockslde e I r+u$t
Name E-mail Address
c/o Way en GKyrke�1111Y1��St�e��
Mailing Address
Note:Please refer $ %+
to the"Instructions" lyannl
City/Town State Zip Code
508 70Qr40®®0- ez 1r3Q NOR 9001 Q
Telephone Number Fax Number
2. Authorized Agent(if any):
�..- .�, �, �,�--ate• ,�.. �� »,. ..,�. - -,
,�[arman rSt�rr,��g�&R:sYs�e�;„ �G; LPG@�?rfal]1ams�rvey�t�g cQ�E castbizr,n�t
Name E-mail Address
�r�0 �larlom R'oa� -
Mailing Address
,4�ppharn
FO' 1 025a7
City/Town State Zip Code
5082952128 MOO
Telephone Number Fax Number
C. Proposed Project/Use Information
1. Property Information (all information must be provided):
S)�gestr,Ingrrope�ties L!
Owner Name(if different from applicant)
MaP2fiiP el1s1 _ 41-39-04 70-16-33
Tax Assessor's Map and Parcel Numbers Latitude Longitude
�1�10�Sc�aol�S�reet �lya�n,�s �� A260�(
Street Address and Citylrown State Zip Code
2. Registered Land ❑Yes ® No
3. Name of the water body where the project site is located:
Hyannis Inner Harbor
4. Description of the water body in which the project site is located (check all that apply):
Type Nature Designation
❑ Nontidal river/stream ® Natural ❑Area of Critical Environmental Concern
® Flowed tidelands ❑ Enlarged/dammed ❑ Designated Port Area
❑ Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary
❑ Great Pond ® Uncertain
❑ Uncertain
CH91App.doc•Rev.6/06 Page 2 of 13.
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X227W
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
f
C. Proposed Project/Use Information (cont.)
Select use(s)from
Project Type Table 5. Proposed Use/Activity description
on pg.2 of the
'Instructions" It is proposed to maintenance&improvement dredge 8,900 cu.yds, install pile held floats and permit
a reconfiguration zone . Dredged material will be dewatered and trucked to approved upland disposal
sites or disposal at sea.
6. What is the estimated total cost of proposed work(including materials&labor)?
$ Unknown
7. List the name&complete mailing address of each abutter(attach additional sheets, if necessary).An
abutter is defined as the owner of land that shares a common boundary with the project site, as well
as the owner of land that lies within 50'across a waterbody from the project.
Woods Hole, Marthas PO BOX 248 Woodsw Hole, MA 02543
Vineyard, Nantucket Address
Steamship Authority
Name Address
Alan C. &Thomas A. Dater 25 South Street, Hyannis, MA 02601
Goddard & Elizabeth A. Address
D. Project Plans
1. 1 have attached plans for my project in accordance with the instructions contained in(check one):
® Appendix A(License plan) ❑ Appendix B(Permit plan)
2. Other State and Local Approvals/Certifications
®401 Water Quality Certificate Pending
Date of Issuance
®Wetlands. SE3-3958
File Number
❑ Jurisdictional Determination JD-
File Number
® MEPA 13012
File Number
❑ EOEA Secretary Certificate
Date
❑21 E Waste Site Cleanup
RTN Number
r -
CH91App.doc-Rev.6/06 Page 31 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Waterways Regulation Program w x227646
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
E. Certification
All applicants, property owners and authorized agents must sign this page.All future application
correspondence may be signed by the authorized agent alone.
"I hereby make application for a permit or license to authorize the activities I have described herein.Upon
my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of
Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the
premises of the project site at reasonable times for the purpose of inspection.
"I hereby certify that the information submitted in this application is true and accurate to the best of my
knowledge."
15Ee A-r-rAcHe0 1,61 E2
Applicant's signature Date
A
Pending
Property Owner's signature(if different than applicant) Date
2 rA ;` v
Agent's signature(if applicable) Date
r
a r _
CH91App.doc'-Rev.6/06 ;Page 4 of.13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X227646
Chapter 91 Waterways License Application-310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
F. Waterways Dredging Addendum
1. Provide a description of the dredging project
® Maintenance Dredging (include last dredge date&permit no.) ® Improvement Dredging
Provide the applicant with commercial access to navigable waters
Purpose of Dredging
2. What is the volume(cubic yards)of material to be dredged?
8,900 cyds.
3. What method will be used to dredge?
❑ Hydraulic ® Mechanical ❑ Other
4. Describe disposal method and provide disposal location (include separate disposal site location map)
Dedging will be by the mechanical method. Material will be dewatered on site and trucked to upland
disposal sites. 1. S &J Exco, Inc., Dennis, 2. Robert Childs Co., Inc. 169 Great Western Rd., S.
Dennis, 3. Town of Barnstable Rifle Range, West Barnstable. 4. Edward Kurker, Kearsarge Ave. &
Craigeville Baech Road, Barnstable. Benificial Use Deterimination will be obtained from Div. of Solid
5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes, the
Department recommends that the dredged material be used as beach nourishment for public
beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310
CMR 9.40(4)(a)1, public access easements below the existing high water mark shall be secured by
applicant and submitted to the Department.
CH91App.doc-Rev.6/06 Page 5 of 13
Massachusetts [department of Environmental Protection
Bureau of Resource Protection -Waterways Regulation Program X227646
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
G. Municipal Zoning Certificate
Dockside Realty Trust
Name of Applicant
110 School Street Hyannis Inner Harbor Barnstable
Project street address Waterway City/Town
Description of use or change in use:
The use is to provide the applicant with commercial access to navigable waters.
To be completed by municipal clerk or appropriate municipal official:
°I hereby certify that the project described above and more fully detailed in the applicants waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official Date
Signature of Municipal Official Title City/Town
„CH91App.doc•Rev.6/06 ..Page 6 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X227646
Transmittal No.
Chapter 91 Waterways License Application .310 CMR 9.00
Water-Dependent, Nonwater-Dependent,Amendment
H. Municipal Planning Board Notification -
Notice to Dockside Realty Trust
Applicant: Name of Applicant
Section H should 110 School Street Hyannis Inner Harbor Barnstable
be completed and Project street address Waterway Cityrrown
submitted along
with the original Description of use or change in use:
application material. `
The use is to provide the applicant with commercial access to navigable waters.
To be completed by municipal clerk or appropriate municipal official:
"1 hereby certify that the project described above and more fully detailed in the applicants waterways
license application and plans have been submitted by the applicant to the municipal planning board.."
Printed Name of Municipal Official Date
Signature of Municipal Official Title City/Town
Note:Any comments, including but not limited to written comments, by the general public, applicant,
municipality, and/or an interested party submitted after the close of the public comment period
pertaining to this Application shall not be considered, and shall not constitute a basis for standing in
any further appeal pursuant to 3.10 CMR 9.13(4) and/or.310 CMR 9.17.
CH91App.doc•Rev.6/06 Page 7 of 13
Yr�r Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands
��, � WPA Form 5 - Order of Conditions
SE3-3958
Provided by DEP
�'°lFcre�a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVI I
A. General Information
Important: From:
When filling
out forms on Barnstable
the computer, Conservation Commission
use only the
tab key to This issuance if for (check one): °
move your '
cursor- do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
f� To: Applicant: Property Owner (if different from applicant):
Dockside Realty Trust Shoestring Properties Limited Partnership c/o
Name _ Name
1 Willow Street Bornstein Properties 297 North St.
Mailing Address Mailing Address
Hyannis MA 02601 Hyannis MA 02601
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
110 School Street Hyannis
Street Address City/Town
326 121
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Barnstable 10473 204
County Book Page
Certificate(if registered land) E
3. Dates: .
May 14, 2002 June 25, 2002 October 31, 2002
Date Notice of Intent.Filed Date Public Hearing Closed Date of Issuance
4. Finat Approved Plans and Other Documents (attach additional plan references as needed):
Revised Site Plan Oct. 23, 2002
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Robert Braman, PE
Name
6. Total Fee: z
$3,945.00
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform&doc:rev.10/31/02 , Page 1 of 7
ISE Massachusetts Department of Environmental Protection
P�oF ti DEP File Number:
o� Bureau of Resource Protection - Wetlands._.
CAB WPA Form 5 -- Order of Conditions SE3-3958
9¢ M^ Provided by DEP
vA i639' §Massachusetts Wetlands Protection Act M.G.L. c. 131, 40.
rFD MA'f A .
and Town of Barnstable Ordinances Article XXVII
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following Interests of the Wetlands Protection Act.Check•all that apply:
• r
❑ Public Water Supply ❑ I-and.Containing Shellfish Z Prevention of Pollutionf
❑ Private Water Supply ® Fisheries ' ® Protection of Wildlife Habitat
❑ Groundwater Supply` Z Storm Damage Prevention ® Flood Control rt
Furthermore,this Commission hereby finds the`project,asproposed,'is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differfrom the plans, specifications, or other proposals:submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore, work on this project may not go
forward unless and until anew Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions.,is issued.
❑ the information submitted�by the applicant;is not sufficient to describe the site, the work, or the effect
of the work on the interests'Identified in the Wetlands Protection Act.Therefore, work on this project
may not go forward unless and until,a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A'description of the specific information which is lacking,and why it is
necessary is attached to this'Order as per 310 CMR 10.05(6)(c).
General Conditions (only.,applicabie to approved projects) -
1. Failure to comply with all conditions.stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to'revoke or.modify this Order.
E 2. The Order'does not grant anyproperty rights or ariy exclusive'privileges; it does not authorize any
injury to private property or Invasion of private rights. -
3. ,This Order'does not relieve the perrhittee or any-other person of the necessity of complying with all.,
other applicable federal,,.state, or local statutes, ordinances,,bylaws,,or regulations. r
Wpaform5.doc•rev.10/31/02 ` Page 2 of 7
L _
IHErgy Massachusetts Department of Environmental Protection .`` m
DEP,File Number:
Bureau of Resource Protection -Wetlands ..1•
MAM _ WPA Form 5 - Order of Conditions sE3-3958
v ntnss, �' .'
�A lbs� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
lED►M(A
and Town of Barnstable Ordinances Article XXVI I
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of:this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
"b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance: If this Order is intended to be valid for more than three
years, the extension date and the special circumstances.warranting the extended.time"period are T
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash:refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, `
pipe, tires, ashes, refrigerators, motor vehicles,or parts of any of the foregoing. .
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such,
an appeal has been taken, until all proceedings before the Department have been completed.,.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land; the.Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three"square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"(or, "MA DEP"]
"File Nurnber SE3-3958
n .
10. Where the Department of"Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance.(WPA Form 8A)to.the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.."
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
r Conservation Commission in writing whether the change is significant enough to require the filing of a..
new Notice of Intent:
14. The Agent or members of the,Conservation Commission and the Department of Environmental v
Protection shall have the right to enter and inspect the.area subject to this Order at reasonable hours `
to evaluate compliance with the conditions statedin this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation:
W paform5.doc%rev.10/31/02 `
?' Page 3 of 7
r ti Massachusetts Department of Environmental Protection DEP File Number:
o� Bureau of Resource Protection - Wetlands
9BARN LE, WPA Form 5 - Order of Conditions, sE3-3958
Provided by DEP
�A i6g9• a,� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
TED MA'S
and Town of Barnstable Ordinances Article XXVI
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering'Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
It may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
see attached
Findings as to municipal bylaw or ordinance
Furthermore,the Barnstable hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically;
Article 27 of Town Ordinances
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaforrn5.doc•rev.10/91/02 Page 4 of 7
SE3.3958 Dockside Realty Trust
Approved Plan= Oct.23,2002 Revised Site Plan (2 sheets)by Robert Braman,PE
Findings:
1. Implementing the approved reconfiguration zone without any mitigation would result in significant adverse
impact to recreation as protected under Article 27.
2. To mitigate for project impacts,the applicant proposed to dredge and maintain the depth of a navigation
fairway associated with the Town's Lewis Bay Ramp facility.
3. In and of itself,the mitigation falls short of ensuring that no impact to recreation occurs. Specifically,
ensuring that boat encroachment beyond the zone boundaries does not impede recreation remains another
essential aspect of the necessary project mitigation.
4. The provision of a public boat pumpout station and provision of a publicly accessible waterfront and are
found to be further important components of the total mitigation for the project.
5. The coastal bank above the parking lot functions as a vertical buffer to floodwater. It is not eroding.
6. The construction of the building just landward of the top of bank is found to meet the performance standard
of not destabilizing the bank.
7. Recreation is not regulated under MGL Ch 131 s40. Portions of this Order relating to recreation are the
subject of Article 27 only._
Special,Conditions of Approval
I. Preface
Caution:Failure to comply with all Conditions of this Order of Conditions can have serious consequences.
. The consequence may include issuance of a stop work order,fines,requirement to remove unpermitted
structures,requirement to re-landscape to original condition,inability to obtain a certificate of compliance,
and more.
1. The approval of the reconfiguration zone boundaries was linked to the ongoing provision of a set of
mitigation requirements. Failure to provide any of the following ongoing mitigation requirements (1 -4,
below)shall represent a clear violation of the letter and spirit of this Order and shall be sufficient cause for
the Conservation Commission to rescind or modify the approval of the reconfiguration zone. The
Conservation Commission shall have authority under this Order to rescind or modify the reconfiguration
zone following notice to the applicant/successor if any such violation occurs. This condition shall
continue over time.
Mitigation requirement#1. : Dredge and maintaining the depth of the navigation fairway adjacent to the
Town's Lewis Bay Ramp.
2. The dredging of areas shown as"Maintain to-5.0"and"Maintain to-7.0"on the approved plan shall be
implemented prior to new construction within the reconfiguration zone. The dredging areas shall be
maintained at the indicated depths. The Conservation Commission shall determine when maintenance
dredging is required. This condition shall continue over time.The Commission shall consult with the
Harbor Master or Water Ways Committee in assessing the need for future maintenance dredging.
Mitigation requirement#2: Ensure that boat encroachment beyond the boundaries of the reconfiguration
zone to the east does not impede recreation.
3. Any boat encroaching beyond the limits of the reconfiguration zone shall immediately be removed should
the Conservation Commission observe a resultant recreational impact. This condition shall continue over
i
time.The Conservation Commission shall consult with the Harbormaster or Waterways Committee in its
assessment. . .
Mitigation requirement#3: Maintain a boat pumpout station
4. .A boat pump-out station shall be provided at the site. The pump-out station slip shall remain readily
available for pump-out purposes. This condition shall continue over time.
t
5. The specifications of the unit and its location shall meet with the advance approval of the Harbor Master
and Coastal Resources Health Coordinator.
Mitigation#4: Maintain a publicly accessible waterfront._-',
7. The waterfront shall remain readily accessible to pedestrians. A sign welcoming public access for
pedestrians shall be prominently,displayed at the site. This condition shall continue over time.
Other Special Conditions
8. For the reconfiguration zone,the total area of proposed float coverage as shown on the approved revised
plan(6,538 sq.ft)shall not be exceeded. Addition of new floats or extension of existing ones shall be
compensated for by equivalent reduction in size of approved floats,leaving total area of float coverage the
same or less. The applicant shall provide the Conservation Commission with advance notice in writing of
proposed future changes in float configuration and provide a comparison of before-and-after float coverage.
9. The existing moorings impacted by the approved project shall be accommodated to the satisfaction of the
Harbormaster. If replaced with a float,the float location shall be shown on a revised plan.
10. No fewer than 7 slips shall be maintained for the commercial fishing fleet,so that the present mix of
commercial fishing and recreational uses may be maintained.This condition shall continue over time.
11. No pier shall extend beyond the limits of the reconfiguration zone.This condition shall continue over time.
12. Bank landscaping shall be undertaken with advance consultation with the conservation agent.
13. Approval shall be contingent upon receipt and approval of a final work protocol for building construction.
14. No work on the building shall occur prior.
II. Prior to the start of work,the following conditions shall be satisfied:
15. Within one month of receipt of this Order of Conditions and prior to the commencement of any work
approved herein,General Condition number 8 (recording requirement)on page 3 shall be complied with.
16. It is the responsibility of the applicant,the owner and/or successor(s) and the project contractors to ensure
that all conditions of this Order are complied with. The applicant shall provide copies of the Order of
Conditions and approved plans(and any approved revisions thereof)to project contractors prior to the start
of work. Barnstable Conservation Commission Forms A and B shall be completed and returned to the
Commission prior to the start of work.
17. General Condition 9 on page 3 (sign requirement)shall be complied with.
18. The Conservation Commission shall receive written notice 1 week in advance of the*start of work.
19. The Natural Resources Dept, shall be notified at least 21 working days prior to the start of work at the site,
to inspect the areas for shellfish: If deemed necessary by the Shellfish Constable,shellfish shall be removed
from the work area to a suitable site and/or replanted at the locus following construction. The foregoing
measures for shellfish protection shall ensue at the expense of the applicant.
20. The applicant shall obtain a building permit for the proposed piers from the.Town Building Commissioner.
III. The following additional conditions shall govern the'project once work begins.
21. General conditions No. 12 and No. 13 (changes in plan)on page 3 shall be complied with.
22. The Conservation Commission,its employees, and its agents shall have.a right of entry to inspect fore
compliance with the provisions of this Order of Conditions.
23. This permit is valid for 3 years from the date of issuance,unless extended by the Commission at the request
of the applicant.
24. No creosote treated materials shall be used.No CCA-treated material shall be used for decking.
25. A post-dredging bathymetric survey shall be performed by the project engineer and results submitted to the
Conservation Commission for compliance review purposes.
26. Work shall occur during the off-season only: October 15 through May 1.
27. Dredge spoils shall be appropriately dewatered and deposited in conformance with DEP Water Pollution
Control protocol. Spoils.shall not be deposited within Conservation Commission jurisdiction without prior
28. board authorization. The applicant shall consult in advance with the Conservation Dept regarding the
method of dewatering.
29. The seasonal storage of floats shall be at a suitable upland site. Floats shall not be stored on banks,marshes
or dunes.
30. Piling shall be driven into place.
The following special conditions in italics shall govern boat use at the approved piers.These
conditions shall continue over time. Note: For purposes of this Order of Conditions,the term"pier"
shall refer not only to the linear pile-supported or.floating structure,but also to any of its
components or appendages such as the float(s),ell,tee,ramp,outhaul piling,etc.
31. Boats shall be used or berthed at the approved pier such that at anytime less than one;foot of water
resides between the bottom of the boat(or engine in drive position)and the substrate. -
32. Any desired pier lighting shall receive prior approval of the Conservation Commission or Department.
33. Lead piling caps shall not be used.
34. Work on the pier shall ensue mid-tide rising to mid-tide falling or as otherwise necessary to prevent the
grounding of the work barge on the substrate.
35. The applicant may maintain in conformance with the plan of record the proposed pier and.other structures
given in the Notice of Intent application for the longevity of the Order of Conditions (3 years).Thereafter,
maintenance may be extended through any forthcoming Certificate of Compliance.
For the Building ...
31. The Conservation Commission shall receive written notice 1 week in advance of the start of work.
r 32. The work limit line shown on the approved plan shall be staked in the field by the project
surveyor/engineer.
33. Staked strawbales backed by trenched-in siltation fencing shall be set along the approved work limit line.
Effective sediment controls shall remain until the site is stabilized with vegetation.
34. A sequence of color photographs showing the undisturbed buffer zone shall be submitted to the
• Conservation Commission. Note:the strawbales and siltation fence must show in the foreground,(or bottom
of)the photographs.
35. General condition No. 17 (maintaining sediment controls)on page 4 shall be complied with.
36. The work limit shown on the approved plan shall be strictly observed.
37. There shall be no disturbance of the site,including cutting of vegetation,beyond the work limit. This
restriction shall continue over time.
38. Upon completion of the foundation,the project surveyor or engineer shall verify in writing or by plan to the
Commission any discrepancies with the approved foundation and work limit line location. If verification
is in the form of an as-built plan,the.plan provided'shall be drawn at the same scale as the approved plan,.
39. Construction shall conform to the requirements of the State Building Code and the Town of Barnstable
Zoning By-law Flood Area Provisions for construction within the coastal floodplain. Work shall ensue only
after consulting with the Building Commissioner.
40. Drywells or graveled trenches along the drip lines shall be installed to accommodate roof runoff.
41. All areas disturbed during construction shall be revegetated immediately following completion of work at
the site. No areas shall be left unvegetated for more than 30 days. Mulching shall not serve as`a substitute
for the requirement to revegetate disturbed areas at the conclusion of work.
42. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this project.
IV. After all work is completed,the following condition shall be promptly met:
43. At the completion of work,or by the expiration of this Order,the applicant shall request in writing a
Certificate of Compliance for the work herein permitted. Barnstable Conservation Commission Form C
shall be completed and returned with the request for a Certificate of Compliance. Where a project has been
completed in accordance with plans stamped by a registered professional engineer;architect, landscape
architect or land surveyor, a written statement by such a professional person certifying substantial
compliance with the.plans and setting forth what deviation,if any,exists with the record plans approved in
the Order shall accompany the request for a Certificate of Compliance.At the time of the request for a
Certificate of Compliance an updated sequence of color photographs of the undisturbed buffer zone shall
be also submitted.
yoF1MET � Massachusett-b Deportment of Environmental Protection DEP File Number:
o� Bureau of Resource Protection - Wetlands
&UNSTABLE. WPA Form 5 - Order of Conditions sE3-3958
v MASS g Provided by DEP
039. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Town of Barnstable Ordinances-Article XXVII
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
see attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail return receipt requested)or hand delivered,to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) an e property owner(if different from applicant).
Signature i 4 �
-�- 1
On � Of oc
Day Month and Year
before me personally appeared ) � A ( p r 1
14
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public V My Commission Expires
This Order is issued to the applicant as follows:
by hand delivery on ❑ by certified mail, return receipt requested, on
DC ��} '
Wpaforrn5.doc-rev.5/14/02 _ `/ Page 5 of 7
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\� NO CHANbE I UOR OR 000UPANOY LIMIT
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ENDORSEME J DOES NOT CERTIFY BUILDING
CODE OR ZO ING COMPLIANCE
P Y W/ALL B itl- MUST COM BUILDING CODE U
�--•- - �� --�- ------ --- - - - - ACCESSIB14TY & ZONING REQUIREMENTS
{ � � •�e_ . BY DATE �!� �
Roma, Paul t
From: Michele Capozzi <michele@1WKesq.com>
Sent: Wednesday, November 2, 2016 11:28 AM
To: Roma, Paul
Subject: 110 School Street and 53 South Street
Attachments: JD Determination Letter- Building.doc; 201611021129.pdf
Paul:
Attached please find a Jurisdictional Determination for Hyannis Regulatory Agreement. It is attached in Word format if
you want to make any changes, as well as in pdf format.
Thank you,
Michele
Michele M. Capozzi-Pollock,.Paralegal
Law Office of John W.Kenney
1550 Falmouth Road, Suite 12
Centerville,MA 02632 -
Phone: 508-771-9300
Facsimile: 508-775-6029 ;
E-mail: michele@jwkesq.com
Click here to securely send me files.
CONFIDENTIALITY NOTICE:The information contained in this message and any attachment(s)is privileged and confidential
information intended only for the individual or.entity named.If you are not the intended recipient,you are hereby notified that
any disclosure,dissemination or copying of this communication is strictly prohibited.If you have received this communication
in error;please immediately notify us by.telephone.Thank you.
P t
f
t
' I
°PIKE� Town of Barnstable
°^ Regulatory Services '
v MASS, Richard Scali,Director'
fo;o�A�� Building Division
Paul Roma
Building Commissioner
200 Main Street, Hyannis,MA 02601 . I
www.towmbarnstable.ma.us
Office: 508-862-4038 Fax 508-790-6230
November 2016
Gail Hanley, Clerk
Cape God Commission
P.O. Box 226
Barnstable, MA ,02630 r
,
Re: Jurisdictional Determination for Hyannis Regulatory Agreement
Dockside Residences- 110 School Street and 53 South Street,Hyannis,MA'
Dear Ms. Hanley: ;t
I am writing pursuant to Cape Cod Commission Regulations, Chapter D,Development
Agreement Regulations Governing the provisions for Development Agreements,.
-Barnstable County Ordinance 92-1, as amended through July 19, 2005,.Section 6(b),and
Chapter 168 of the Barnstable Code.
This letter is to inform you that the town has received a request for a regulatory agreement
for the property located at 110 School Street and 53 South Street,Hyannis,Massachusetts.
The proposal is to construct a total of 33 residential condominium units on the two parcels-'
to be serviced by town sewer and water. A"copy of the Regulatory Agreement Application
is enclosed for your files. I have:determined that the proposed development is,not a
Development of Regional Impact.at this time for the following reasons:
❑ The proposed development does not meet or exceed one or more,of the Cape Cod
Commission mandatory thresholds for review as a Development of Regional Impact as
forth in the Cape Cod Commission Enabling Regulations, Chapter A, Section 3:
❑X ,The-proposed development is located in the HyannisrGrowth Incentive Zone(GIZ) as
approve&by the Cape Cod Commission by decision dated April 6, 2006, and the proposed
development is included within the area authorized by Barnstable County,Ordinance 2006- .
06 establishing a.cumulative development threshold witlun'the GIZ,under which this
development'may proceed. w
• '
In addition, the project does not meet or exceed the DRI Thresholds established under
Condition#G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis
Growth Incentive Zone, dated April 6,2,006, as follows:
1. The project is not an addition or expansion associated with the Cape Cod-Hospital;
2. The project is not a proposed demolition or substantial alteration of an historic'
structure or destruction or substantial alteration to an historic or archaeological site
listed with the National Register of Historic Places or Massachusetts Register of
Historic Places, outside a municipal historic district or outside the Old King's
Highway Regional Historic District;
3. The project does not provide facilities for transportation to or from Barnstable
County,including but not limited to ferry,bus,rail,trucking terminals, transfer
stations, air transportation and/or accessory uses,parking or storage facilities, and'
any auxiliary or accessory uses are not greater than 10,00.0 s.f. of Gross F1oor;Area
or 40,000 s.£ of outdoor area; and
4. As represented by the applicant,the projecf does not require an Environmental
Impact Report under MEPA
Please contact me if you have anyquestions regarding this matter.
Sincerely,
Paul Roma
Building Commissioner
Town of Barnstable -
° __ ', t -. a *• ,,. -
REGULATORY AGREEMENT
110 School Street and 53 South Street, HYANNIS
This regulatory agreement.("Agreement") is entered by and between the developer, Shoestring
Properties, LLC, ("Developer") and the Town of Barnstable.("Town"), a municipal corporation,
on this_day of , 2016 pursuant to Section 240-24.1 of the Barnstable Zoning
Ordinance and Section 168 of the Barnstable Code;
WITNESS:
WHEREAS, this Agreement shall establish the permitted uses, densities, and traffic within the
Development (as hereafter defined), the duration of the agreement, and any other terms or
conditions mutually agreed upon between Developer and the Town;
WHEREAS, this Agreement shall vest land use development rights in the property for the
duration of the agreement, and such rights shall not be subject to subsequent changes in local
development ordinances, with the exception of changes necessary to protect the public health,
safety or welfare;
WHEREAS,the Town is authorized to enter into this Agreement pursuant to Chapters 168 and
240 of the Barnstable Code;
WHEREAS, Developer is the owner of the properties at 110 School Street, Hyannis,
Massachusetts consisting of 32,870f square feet(0.75f acres), shown on Town of Barnstable
Assessor's Map 326 as Parcel 121 and 53 South Street, Hyannis, Massachusetts consisting of
24,820± square feet(0.57± acres), shown on Town of Barnstable Assessor's Map 326 as Parcel
125. Collectively, the two parcels are referred to herein as "the Property";
WHEREAS, Developer is willing to commit itself to the development of the project substantially
in accordance with this Agreement and desires to have a reasonable amount of flexibility to carry
out the Development and therefore considers this Agreement to be in its best interests;
WHEREAS, the Town and Developer desire to set forth in this Agreement their respective
understandings and agreements with regard to development of the Property;
WHEREAS, the Development will not require regulatory review under the Massachusetts
Environmental Policy Act (MEPA) or the Cape Cod Commission Act;
WHEREAS, Developer has made application to the Planning Board pursuant to Section 168 of
the Barnstable Code;
WHEREAS, the Development is located in the Hyannis Growth Incentive Zone (GIZ) as
approved by the Cape Cod Commission by decision dated April 6, 2006, as authorized by
Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the
Cape Cod Commission Regulations of General Application as extended by an Agreement to
Extend Town of Barnstable Downtown Hyannis Growth Incentive Zone to October 6, 2016
between the Cape Cod Commission and the Town of Barnstable executed on December 14,
2015;
WHEREAS,the Development is not subject to review by the Cape Cod Commission as a
Development of Regional Impact due to its location in the GIZ and due to the adoption of
Barnstable County Ordinance 2006-06 establishing a cumulative development threshold within
the GIZ as extended by an Agreement to Extend Town of Barnstable Downtown Hyannis
Growth Incentive Zone to October 6, 2016 between the Cape Cod Commission and the Town of
Barnstable executed on December 14, 2015, under which this development may proceed and
Developer has submitted a Jurisdictional Determination to the Town of Barnstable Building
Department to confirm the same;
WHEREAS, prior to applying for approval of this Agreement; the Development was reviewed
and approved by the Town of Barnstable Site Plan Review Committee on and was
reviewed and approved by said committee again on ;
WHEREAS, prior to applying for approval of this Agreement,the Development has undergone
informal review by the Hyannis Main Street Waterfront Historic District on
WHEREAS,the Property is currently developed with a restaurant, paved parking lot, retaining
walls, a vacant building, remnants of an old foundation, and subsurface drainage structures;
WHEREAS, Developer proposes to: remove the restaurant building, paved parking lot, retaining
walls, vacant building, remnants of an old foundation, and subsurface drainage structures and
redevelop the property with a thirty three (33) unit condominium complex with underground
parking, some surface parking, a swimming pool, and landscaping including a fountain area;
WHEREAS, Developer will require zoning relief to allow for multi-family residential
development totaling more than seven units per acre as well as relief from front yard setback ,
side yard setback, rear yard setback, and maximum building height, and building height number
of stories, all as further defined in paragraph number 2 below;
WHEREAS, Developer has undergone at least two public hearings on the Agreement application
and received a majority vote from the Planning Board approving the application on
WHEREAS, Developer has undergone a public hearing on the Agreement application before the
Town Council and received a 2/3rds vote approving the application on ;
NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and
other good and valuable consideration, the receipt and sufficiency of which each of the parties
hereto hereby acknowledge to the other, Developer and the Town do enter into this Agreement,
and hereby agree and covenant as follows;
1. The Developer proposes to redevelop the property as follows:
i
a. The Developer proposes to remove the existing restaurant,parking lot, retaining
walls, foundation remnants, and subsurface drainage and construct thirty three
(33) condominium units in nine (9)buildings (Note: for fire department purposes
there are only two (2) buildings because there are only two (2) foundations). The
units will consist of a mixture of 1, 2, and 3 bedroom units. It is currently
anticipated that there will be two (2) bedroom units with the balance of the units
split approximately equally between two (2) and three (3) bedroom units. Parking
for each condominium unit will be located in underground garages beneath the
condominium units. Some guest parking will be available in the underground
garages and additional guest parking will be provided at street level. Also to be
constructed is a fountain area abutting South Street; two (2)trash sheds; a.
swimming pool with pool deck; and a courtyard area. Sidewalks running from
South Street along each side of School Street to the end of the property are to be
constructed and the area containing the sidewalks is to be deeded to the Town or
an easement to use and maintain the sidewalks will be granted to the Town so that
the sidewalks can be dedicated to public use.. The Gross Square Footage of the
buildings to be constructed on the East Parcel (110 School Street) is
square feet and the Gross Square Footage of the garage to be constructed on the
East Parcel is square feet. The Gross Square Footage of the
buildings to be constructed on the West Parcel (53 South Street) is
square feet and the Gross Square Footage of the garage to be constructed on the
West Parcel is square footage. The combined Gross Square
Footage of the buildings to be constructed is 88,959± square feet and the
combined Gross Square Footage of the garages to be constructed is 33,596.
square feet;
b. The Developer agrees to construct the project in accordance with the plans and
specifications submitted to and approved by the Town, listed as follows and made ,
a part of this Regulatory Agreement by reference:
i. "Layout Site Plan Of Land In(Hyannis) Barnstable, MA Prepared For '
Shoestring Properties, LLC Date: 7-13-2015 Revised: 10-5-2016" drawn
by down cape engineering, inc.
ii. "Existing Conditions/Demolition Site Plan Of Land In(Hyannis)
Barnstable, MA Prepared For Shoestring Properties LLC Date: 7-13-2015
Revised: 10-5-16" drawn by down cape engineering, inc.
iii. "Utilities Site Plan Of Land In(Hyannis) Barnstable, MA Prepared For
Shoestring Properties LLC Date: 7-13-2015 Revised: 10-5-16" drawn by
down cape engineering, inc.
iv. "Grading Site Plan of Land In(Hyannis) Barnstable, MA Prepared For
Shoestring Properties LLC Date: 7-1-3-2015 Revised:,10-5-2106"drawn
by down cape engineering, inc.
v. "Detail Sheet to Accompany Site Plan Of Land In(Hyannis) Barnstable,
MA Prepared For Shoestring Properties LLC Date: 7-13-2015 Revised 10-
5-16" drawn by down cape engineering, inc.
vi. "Landscape Plan"prepared by Hawk Design, Inc. Landscape Architecture
Land Planning Sagamore, MA Date: 3.03.16 Revisions: Num 1 Date
5/27/16;
vii. Dockside Residences brochure prepared by Merge Architects dated April
8, 2016;
viii. "Dockside Residences Site Lighting: Bollards Only"prepared by Reflex
Lighting dated 1-10-16.
2. The development rights granted hereunder shall be exercised and development permits may
be obtained hereunder for a period of 10 years from the effective date of the Agreement,
provided, however, that prior to the expiration of said 10 year period Developer may
request a twelve month extension to obtain development permits. Upon receipt of
necessary development permits, construction shall proceed continuously and expeditiously,
but in no case shall construction exceed 2 years from receipt of necessary development
permits;
3. Developer shall establish a condominium association or unit owners association to carry
out the ongoing maintenance and upkeep of the property and buildings as well as
complying with the terms and conditions of this Agreement. The association shall include
all residential condominium units and Developer on behalf of occupants of rental units. For
the purposes of this Agreement, the term"Developer" shall mean the Developer and/or
Developer's successor condominium association(s) or any other successors in interest or
assignees. The form and content of condominium association documents, including the
condominium master deed and association bylaws, shall be approved by the Town of
Barnstable Legal Department prior to the sale of any condominium units;
4. Lighting for the development shall be contained on-site, shall be down cast, shall not
contribute to light pollution of the area, and shall be constructed consistent with the lighting
plan identified in paragraph 1, above;
5. The site shall be landscaped consistent with the landscaping plan identified in paragraph 1,
above. All landscaping within the development shall be low water use and shall minimize
the use of fertilizers and pesticides;
6. Utilities shall be buried underground within the Property;
7. Letter of Credit: Prior to the issuance of any foundation building permit, Developer will
provide a Letter of Credit or cash in an amount to be approved by the Planning Board or its
designee, said Letter of Credit or cash to be expended on the replacement of landscape
materials if such replacement becomes necessary. Any unexpended portion of said Letter
of Credit or cash may be released by the Planning Board to Developer or his successor(s)
after three years from the date of the initial landscape plantings, such date to be determined
by the Building Commissioner, upon the request of Developer;
8. Letter of Credit: To ensure completion of development and roadway restoration;
9. All plumbing fixtures in the new units shall be low water use fixtures and other water
conservation measures are encouraged in the design and development of the project;
10. Consistent with approved plans, Developer shall construct a Passive Stormwater
Maintenance and Infiltration System to service the Development;
11. Developer,or its successor will assume all maintenance responsibilities for the Passive
Stormwater System servicing the Property, and the landscaping and irrigation at the
Property;
12. Construction and demolition debris from the Development shall be removed and reused or
recycled to the maximum extent possible;
13. Developer shall provide calculations demonstrating adequate water flow for fire
suppression prepared by a fire protection engineer as required by the Hyannis Fire
Department;
14. Developer is responsible for obtaining all applicable permits and licenses, including but not
limited to the following: foundation permit, building permit, street excavation permit
(necessary for work in all public spaces,), sewer permits and water permits. Only Town of
Barnstable approved contractors are allowed to work on Town owned property.
Contractors are required to have the insurance stipulated in the Street Excavation Rules and
Regulations (SERR) and all work on town property must comply with all provisions of
SERR. All work within the public way and public utility services shall be to Town
Standards. All plans shall be reviewed and approved by the Department of Public Works
prior to initiating any work within the public way;
15. Developer will make best efforts to complete construction work in accordance with a
-'construction schedule and sequencing plan submitted to the Town prior to the execution of
('the Regulatory Agreement. To the extent construction impacts public property or public
oA'11 rights of passage, changes in the schedule, if needed as work progresses, are subject to the
G6 y ►� approval of the Town. The construction schedule shall, to the maximum extent feasible,
avoid interference with ferry truck traffic. The developer shall notify the Town of
Barnstable Growth Management Department and the Department of Public Works at least
48 hours in advance of working on Town property. The Developer will be responsible for
all construction signage, directional signs, and police officers necessary for the
performance of the work;
16. Exterior construction impacts shall be minimized, and construction shall be limited to the
hours of 7:00 a.m. to 6:00 p.m. weekdays, and 8:30 a.m. to'2:00 p.m. Saturdays. No
exterior construction shall occur on Sundays. The Building Commissioner shall establish
protocols to minimize the location of staging, noise, dust, and vibration;
17. During all stages in the demolition, rehabilitation and new construction, all vehicles, l
equipment and materials associated with the development shall be required to be located
off the right of way of South Street and School Street except as may be required to install
utilities, and work authorized by this Agreement and as approved by Public Works and then
only on a temporary basis;
18. Developer may install a feet by feet trailer on the property located at
(East or West Parcel?)to be used as a sales office commencing and ending
19. To the extent that the referenced plans do not depict all of the findings and conditions as set
forth in this Agreement, revised plans and/or notations shall be provided. In addition to
permits,plans and approvals listed above, any and all permits and licenses required shall be
obtained;
20. Each residential unit shall have at least one dedicated parking space. The total number of
parking spaces proposed for the Development exceeds the number of spaces required by
the Town of Barnstable Zoning Ordinance;
21. The construction of the condominium complex will result in the following benefits to the
Town:
a. Above ground utility lines will be put underground improving the view looking from,
South Street toward the harbor.
b. The existing sidewalks along South Street which do not comply with Americans
With Disabilities Act requirements will be removed and replaced with compliant
sidewalks. Sidewalks along each side of School Street will be constructed
connecting them to the existing sidewalks on South Street. Upon completion of
construction, the sidewalk parcels will either be deeded to the Town or the Town
will be granted an easement to the sidewalks allowing public use of the sidewalks.
c. Gas Line?
d. A new water main will be provided. (Who benefits? How does this benefit
Town/Water Company?)
e. School Street from South Street to the harbor will be paved over with a new top
coating of asphalt.
f. Crosswalks will be provided at the northerly end of School Street where it intersects
with South Street and at the southerly end of the property near the Steamship
Authority property.
g. Vastly improved landscaping along South Street and School Street beautifying the
area as shown on the "Landscape Plan"prepared by Hawk Design, Inc.
h. Lighting on condominium property maintained by condominium association will
provide improved street lighting along School Street as shown on the "Dockside
Residences Site Lighting: Bollards Only" prepared by Reflex Lighting.
i. Increase in Town property tax revenue.
j. New street drains will be installed in School Street and a drainage easement running
in favor of the Town of Barnstable will be provided.
k. An electric car plug-in station will be provided.
1. All plumbing fixtures in the new units shall be low water use fixtures and other water
conservation measures are encouraged in the design and development of the project.
22. The Town hereby grants waivers from the following Zoning Ordinance sections:
a. Section 240-24.2.7 HD Harbor District B. Special Permits (2) Multi-family
residential development totaling not more than seven units per acre.
Waived to allow thirty three condominium units on 1.32 acres, a density
of 25 Units per acre.
b. Section 240-24.1.7 C. Dimensional, bulk and other requirements:
Minimum Front Yard Setback of 20 feet is waived to allow a Front Yard
Setback of 13.9t feet on the property located at 53 South Street and 10.2f
feet on the property located at 110 School Street.
Minimum Side Yard Setback of 10 feet is waived to allow a Side Yard
Setback of 9.8f feet on the property located at 110 School Street.
Minimum Rear Yard Setback of 10 feet is waived to allow a Rear Yard
Setback of 9.8t feet on the property located at 110 School Street.
Maximum Building Height of 35 feet is waived to allow a Maximum
Building Height of 57.4± feet on the property located at 53 South Street
and 54.8± feet on the property located at 110 School Street.
Maximum Building Height Stories of 2.5 stories is waived to allow
Maximum Building Height Stories of five (5) stories on both the property
located at 53 South Street and the property located at 110 School Street.
f
c. Section 240-53 Landscape Requirements for parking lots
The requirement of a landscape setback for street level parking is hereby
waived to allow zero setback for street level parking.
The requirement of one street tree with a minimum caliper of three inches
be provided per 30 feet of road frontage distributed throughout the front
yard setback area is waived to allow for the planting of trees per the
Landscape Plan prepared by Hawk Design.
23. The Town hereby grants waivers from the following Town Code sections:
Chapter 9, Article I Inclusionary Affordable Housing Requirements—Section 9-4-D
requiring at least 10% of the residential units constructed shall be dedicated by deed
restriction to affordable housing units is waived.
Chapter 9, Article III—Section 241-42 Hyannis Main Street Waterfront Historic
District Commission requirement for a Certificate of Appropriateness is waived.
24. Upon completion of all work, Developer shall cause a registered engineer or land surveyor
to submit as-built plans accompanied by a letter of certification, made upon knowledge and
belief in accordance with professional standards that all work has been done in substantial
compliance with the approved site plan. This document shall be submitted prior to the
issuance of the final certificate of occupancy;
25. The development allowed in this permit shall be considered full build-out of the property.
The structures authorized shall not be expanded nor other buildings and structures added
without prior permission from this Board.
IN WITNESS WHEREOF,the parties have hereunto caused this Agreement to be executed, on
the day and year first above written.
Dated this day of , 2016.
Town of Barnstable Developer, Shoestring Properties, LLC
By: By:
f
oFpic Town of Barnstable
Regulatory Services
• BMWSTnat.e,
9 Mnss. Richard Scali,Director
�A 1639. ♦�
rEc N,pr A Building Division
Thomas Perry, CBO
Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
November , 2016
Gail Hanley, Clerk
Cape Cod Commission
P.O. Box 226
Barnstable, MA 02630 !
Re: Jurisdictional Determination for Hyannis Regulatory Agreement
Dockside Residences 110 School Street and 53 South Street, Hyannis, MA
Dear Ms. Hanley:
I:am writing pursuant to Cape Cod Commission Regulations, Chapter D, Development
Agreement Regulations Governing the provisions for Development Agreements,
Barnstable County Ordinance 92-1, as amended through July 19, 2005, Section 6(b), and
Chapter 168 of the Barnstable Code.
This letter is to inform you that the town has received a request for a regulatory agreement
for the property located at 110 School Street and 53 South Street, Hyannis, Massachusetts.
The proposal is to construct a total of 33 residential condominium units on the two parcels
to be serviced by town sewer and water. A copy of the Regulatory Agreement Application
is enclosed for your files. I have determined that the proposed development is not a
Development of Regional Impact at this time for the following reasons:
❑ The proposed development does not meet or exceed one or more of the Cape Cod
Commission mandatory thresholds for review as a Development of Regional Impact as set
forth in the Cape Cod Commission Enabling Regulations, Chapter A, Section 3.
0 The proposed development is located in the Hyannis Growth Incentive Zone(GIZ) as E
approved by the Cape Cod Commission by decision dated April 6, 2006, and the proposed
development is included within the area authorized by Barnstable County Ordinance 2006-
06 establishing a cumulative development threshold within the GIZ,under which this
development may proceed.
l
R
In addition, the project does not meet or exceed the DRI Thresholds established under
Condition#G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis
Growth Incentive Zone, dated April 6, 2006, as follows:
1. The project is not an addition or expansion associated with the Cape Cod Hospital;
2. The project is not a proposed demolition or substantial alteration of an historic
structure or destruction or substantial alteration to an historic or archaeological site
listed with the National Register of Historic Places or Massachusetts Register of
Historic Places, outside a municipal historic district or outside the Old King's
Highway Regional Historic District;
3. The project does not provide facilities for transportation to or from Barnstable
County, including but not limited to ferry,bus, rail, trucking terminals, transfer
stations, air transportation and/or accessory uses,parking or storage facilities, and
any auxiliary or accessory uses are not greater than 10,000 s.f. of Gross Floor Area
or 40,000 s.£ of outdoor area; and
4. As represented by the applicant, the project does not require an Environmental
Impact Report under MEPA.
Please contact me if you have any questions regarding this matter.
Sincerely,
John W. Kenney, Esq.
JWK/mmc
1XE
'+ RARN8IABLE,
MAM.
^ rEOMIKs
Town of Barnstable
Planning Board
Application for a Regulatory Agreement
Hyannis Village Zoning Districts
All applications for a Regulatory Agreement must be reviewed by the Director of the Growth Management
Department prior to submission.
All applications must include a Jurisdictional Determination Form signed by the Building Commissioner. The
Jurisdictional Determination affirms that the project is within the Hyannis Growth Incentive Zone development
allowance and does not require the Cape Cod Commission as a party to the agreement. That determination
allows the applicant to proceed with the filing of this two-party Regulatory Agreement application (between the
Town of Barnstable and the applicant). This includes.a determination that the project will not require review
under MEPA.
The applicant shall additionally provide:
■ Three (3) completed Application for a Regulatory Agreement forms along with all required information,
supporting materials, and including a proposed draft Regulatory Agreement at the time the application is
made. All materials should be on letter size (8Yz x 11 inch) paper and copies of all full-size plans shall be
reduced and provided on 11 x 17 inch paper.
■ Three (3) copies of all full size plans shall be provided with the application along with electronic "pdf'
copies of all plans. An electronic file of the site plans is also required.'
All materials submitted are transmitted to the Planning Board members one week prior to the meeting. Any "
material submitted after the transmittal to the members requires twelve (12) copies to be submitted.
Completed applications must be submitted to the Town Clerk's Office to be time and date stamped. One (1)
application shall remain with the Clerk's Office, and the remaining two (2) copies shall immediately be filed
with the Planning Board, Growth Management Department, 200 Main Street, Hyannis, along with all required
materials and all filing and required fees. It is recommended that all applications be reviewed by the Growth
Management Department prior to clocking at the Town Clerk's Office to ensure a complete application.
The filing fee schedule for Hyannis Village Zoning District Application for a Regulatory Agreement is as
follows:
' All "pdf"and electronic plan files(format AutoCad.dwg,AutoCad.dxf) may be submitted by disks or e-mailed to
Karen.Herrandotown.barnstable.ma.us.
it `
Regulatory Agreements Limited Waiver Request $1500
Regulatory Agreements Minor Project Review up $2500 + $50/residential unit + $50/each additional.
to 10,000 SF 10,000 SF
Regulatory Agreements Major Project Review $5000 + $50/residential unit + $50/each additional
10,000 SF
In addition to the application filing fee, you will receive an invoice from the Barnstable Patriot for your legal
notices. The first is Notice of the Hearing and a second is Notice of the Regulatory Agreement. Each notice is
published twice. A deposit check made payable to the Barnstable Patriot to assure the invoice will be paid is
required at the time the application is made.2 Deposit checks shall be returned to the applicant upon payment
of the invoices.
The applicant is required to provide,postage to cover the mailing of the Notices of the'.Hearing and Notices of
the Regulatory Agreement to abutters to the property.3
The applicant shall also be responsible for the cost to record the Regulatory Agreement with the Registry of
Deeds.
After the application is received, abutters will be notified by mail of the date and time of the public hearing
and the Notice of the Hearing published in the paper twice as prescribed by law. Please note that this process
takes 4 weeks to complete before the public hearing can be opened by the Planning Board.
At the public hearing the applicant will be expected to present the proposed development to the Board and
public, summarize what waivers and/or regulations relief are being requested. The Planning Board shall act to
guide the negotiation of the elements of the regulatory agreement and participation may include other
municipal boards, departments and commissions as necessary. The hearing is not to exceed 60 days unless
extended by mutual agreement.
At the culmination of the hearing the Planning Board will vote whether to approve the application and
regulatory agreement. If so affirmed by a majority vote of the Board, the application and agreement will be
forwarded to the Town Council for review and approval.
A simple majority vote of the Town Council is needed to approve a regulatory agreement, unless certain types
of zoning relief are sought (i.e. height, use) in which case a two-thirds (2/3) majority vote of the Town Council
is needed. The Town Council may hold a public hearing on the application if a simple majority vote is needed.
The Town Council will hold a public hearing on the application if a waiver from zoning is sought.
Within seven (7) days of Town Council approval, the Town Manager will sign the agreement and forward it to
the applicant, via certified mail. The applicant must return the signed agreement within twenty-one (21) days
of the date of the Town Manager's certified mailing. The Town Manager will file the fully executed Regulatory
Agreement with the Registry of Deeds and copies of that recorded agreement will be sent to; the Town Clerk;
The Clerk for the Cape Cod Commission and to the Planning Board. Thereafter the Planning Board will cause
to be published a Notice of the Regulatory Agreement and notice to abutters. The applicant will then receive
the second invoice from the Barnstable Patriot.
2 The amount of the Deposit Check is based upon the length of the legal notice. The amount shall be determined at the time the
application is made.
3 At the time of filing the application, staff will determine the number of abutters and the required number of stamps. First Class
Postage is required for mailing of the public Notice.of the Hearing("forever"stamps)and Postcard Postage is required for Notice
of the Regulatory Agreement($0.33 stamps).
RARNUABM
FD MIN a
Town of Barnstable
Planning Board
Application for a Regulatory Agreement
(Attach additional sheets if necessary)
A regulatory agreement is a contract between the applicant and the Town of Barnstable, under which the
applicant may agree to contribute public capital facilities to serve the proposed development and the municipality
or both, to build fair affordable housing, to dedicate or reserve land for open-space community facilities or
recreational use, or to contribute funds for any of these purposes. The regulatory agreement shall establish the
permitted uses, densities, and traffic within the development, the duration of the agreement, and any other terms
or conditions mutually agreed upon between the applicant and the Town. A regulatory agreement shall vest land
use development rights in the property for the duration of the agreement, and such rights shall not be subject to
subsequent changes in local development ordinances.
For office use only: RA#
The undersigned hereby applies to the Planning Board of the Town of Barnstable for a Regulatory Agreement, in
the manner and for the reasons set forth below:
1. Applicant Name4: Shoestring Properties, LLC Phone: 508-775-9316
Applicant Address: 297 North Street, Hyannis, MA 02601
Applicant Email Address: tbusbvtcDhollymanagement.com
2. Project Name: Dockside Residences
Property Location: 110 School Street and 53 South Street, Hyannis, MA
If applicant differs from owner, state nature of interest:5
3. Owner(s)of Record. Provide the following information for all involved parcels (attach additional sheets if
necessary):
Owners Land Ct. Lot& Registry of Deeds #Years
Map/Parcel Name Certif. of Title# Plan Book/Page# Owned
326/121 &326/125 Shoestring Properties, LLC PI.Bk. 642, Pg. 74 10473/204 20
(West and North Parcels)
Page 1
a The Applicant Name will be the entity in whose name the Regulatory Agreement will be executed.
s If the applicant differs from owner,the applicant is required to submit one original notarized letter authorizing the
application,a copy of an executed purchase&sales agreement or lease,or other documents to prove standing and
interest in the property.
I
Owners Contact information (if different from applicant)
Name Address Phone number Email
4. List all Zoning District(s)within which the property is located: Harbor District(HD); Hyannis Growth
Incentive Zone(GEZ);
5. Is this project located within the Groundwater Protection Overlay District? Yes [ ] No [X]
6. Is this project located within the Hyannis Main Street Waterfront Historic District? Yes [X] No [ ]
7. Does this project involve the demolition or alteration of a building or structure, or any portion of any building or
structure, that is over 75 years old? Yes [ J No [X]
8. Is this proposal subject to the jurisdiction of the Conservation Commission? Yes [X] No [ ]
9. Is this proposal subject to the jurisdiction of the Board of Health? Yes [X] No [ ]
10. Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes' [ .] No [X]
11. Total land area subject to the Regulatory Agreement: 1.32± acres
Total land area upland: 1.32±acres Total land area wetland: N/A
12. Total estimated cost of construction: $26,000,000.00
13. Existing Development=Describe existing buildings;including number of buildings,.Gross Floor Area of each
building, height of each building and uses in each building (include Gross Floor Area of each use): One building:
the building is a 2 story commercial building used as a restaurant, having a Gross Area of 6,636 square feet.
14. Existing Residential Uses: Provide existing'density(units per acre), number of total residential units, number
of market rate units, number of affordable units counted in the Town's DHCD inventory, and number of
workforce units deed restricted, together with the number of bedrooms contained in each unit( also identified by
market,affordable and workforce), and a description of which building said units are located (if more than one
residential building exists on site):
N/A
i
r
15. General Description of proposed agreement:
The Applicant proposes to build a multi-family residential condominium complex consisting of thirty-three market
rate units:
Proposed Level of Development- Number of Buildings: 9 (Note: For Fire Department purposes the total
number of buildings is two since there are
only two foundations)
Proposed Use(s): Residential Condominiums
Height of Proposed Uses: 110 School Street(East Parcel)—54.8±feet: and 53 South Street(West Parcel)-
57.4±feet
Density of Proposed Uses: 25 Units Per Acre— East—20 Units Per Acre West—32 Units Per Acre
16. List all zoning relief sought under the regulatory agreement, including a reference to each section of the
zoning ordinance under which the applicant seeks relief. (Note: This information will form the basis of the legal
advertisement for public hearings on this application and should include all relief that may be required to
construct the project. Failure to list all required relief may result in an inability to approve the application and may
result in the need to re-advertise the public hearing(s)on the application.):
Section 240-24.2.7 HD Harbor District B. Special Permits (2) Multi-family residential development totaling not
more than seven units per acre. Waive to allow thirty three condominium units on 1.32± acres, a density
of 25 Units per acre: Section 240-24.1.7 C. Dimensional, bulk and other requirements: Minimum Front Yard
Setback of 20 feet-waive to allow a Front Yard Setback of 13.9±feet on the property located at 53 South Street
and 10.2±feet on the property located at 110 School Street. Minimum Side Yard Setback of 10 feet-waive to
allow a Side Yard Setback of 9.8±feet on the property located at 110 School Street. Minimum Rear Yard
Setback of 10 feet-waive to allow a Rear Yard Setback of 9.8±feet on the property located at 110 School
Street. Maximum Building Height of 35 feet-waive to allow a Maximum Building Height of 57.4±feet on the
property located at 53 South Street and 54.8±feet on the property located at 110 School Street. Maximum
Building Height Stories of 2.5 stories-waive to allow Maximum Building Height Stories of five (5)stories on both
the property located at 53 South Street and the property located at 110 School Street.
Section 240-53 Landscape Requirements for parking lots—Waive to allow zero setback for street level parking.
Section 240-53 Landscape Requirements for parking lots—waive the requirement of one street tree with a
minimum caliper of three inches be provided per 30 feet of road frontage distributed throughout the front yard
setback area to allow for the planting of 15 Bloodgood London Plane Trees and 10 Chanticleer Pear Trees per
the Landscape Plan prepared by Hawk Design. Any other relief deemed necessary to allow for the approval of
the proposed project.
17. List all relief sought from general ordinances, rules and/or regulations of the Town of Barnstable, including a
reference to each section under which the applicant seeks relief(Note: This information may form the basis of
the legal advertisement for public hearings on this application and should include all relief that may be required to
construct the project. Failure to list all required relief may result in an inability to approve the application and may
result in the need to re-advertise the public hearing(s)on the application.).
r
Chapter 9, Article I Inclusionary Affordable Housing Requirements-Section 9-4-D requiring at least 10% of the
residential units constructed.s hall be dedicated by deed restriction to affordable housing units. Applicant is
requesting this to be waived.
Chapter 9, Article III—Section 241-42 Hyannis Main Street Waterfront Historic District Commission requirement
for a Certificate of Appropriateness—Applicant is requesting this to be waived.
Any other relief deemed necessary to allow for approval of the proposed proiect
18. List the state and/or Federal Agencies from which permits, funding, or other actions have been/will be
sought:
Barnstable Planning Board; Barnstable Town Council; Barnstable Building Department; Barnstable Department
of Public Works; Hyannis Water Company; Hyannis Fire Department; and Barnstable Conservation Commission.
19. Proposed duration of the Regulatory Agreement(Note: By law, the agreement cannot exceed 10 years.
The duration of the agreement limits the amount of time during which the applicant may seek to obtain
development permits to construct the development. All conditions and terms of an executed agreement are on-
going obligations of the parties that shall be honored in perpetuity once the applicant exercises development
rights under the Regulatory Agreement):
Ten 00)years.
20. A description of the public facilities and infrastructure to service the development, including whom shall
provide such facilities and infrastructure, the date any new facilities will be constructed, a schedule and a
commitment by the party providing such facilities and infrastructure to ensure public facilities adequate to serve
the development are available concurrent with the impacts of the development:
The necessary utilities and infrastructure will be installed within the proiect area to service the proposed proiect.
The Public utilities include public water service and a new fire hydrant to be located at the frontage of the proiect:
Public sanitary sewer; natural gas and electric service. Private storm drainage system and storm water
management facilities will also be installed within the project limits.The public utilities noted (water, sanitary
sewer, gas and electric)exist along the proiect road frontage.The proiect proposes to tie into these existing
utilities and adequate capacity for the proposed development is available. A new water main will be provided.
New sidewalks along both sides of School Street will be built. All proposed work will be provided and installed by
the proiect owner/developer. The timing of the work will be based on final project approvals. The owner would
like to commence work in the Spring of 2017. If this is the case it would be anticipated the utility and
infrastructure work would be completed by the Fall of 2017.
21. A description of any reservation or dedication of land for public purposes:
None.
22. Description of Construction Activity(if applicable), including any demolition, alteration or rehabilitation of
existing buildings and a description of building(s)to be demolished, altered or rehabilitated:
The Developer proposes to remove the existing restaurant, parking lot, retaining walls, vacant building
foundation remnants, and subsurface drainage and construct thirty three (33)condominium units in nine (9)
buildings. The units will consist of a mixture of 1, 2, and 3 bedroom units. Parking for each condominium unit
will be located in underground garages beneath the condominium units. Some guest parking will be available in
the underground garages and additional guest parking will be provided at street level. Also to be constructed is a
fountain area abutting South Street: two(2)trash sheds: a swimming pool with pool deck: and a courtyard area.
Sidewalks running from South Street along each side of School Street to the end of the property are to be
constructed and the area containing the sidewalks is to be deeded to the Town or an easement to use and
maintain the sidewalks will be granted to the Town so that the sidewalks can be dedicated to public use.
Attach additional sheet if necessary
Submission Requirements:
_The following information must be submitted with the application at the time of filing,failure to do so may result in
a denial of your request.
Plan Submissions: All plans submitted with an application shall comply with the requirements of Section 240-102
of the Zoning Ordinance. In addition, the following shall be provided:
• Three(3)copies of the completed application form, each with original signatures.
• Three (3)copies of a 'wet sealed' certified property survey(plot plan)and three (3) reduced copies (8 1/2"x
11" or 11"x 17")showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and
the location of the existing improvements on the land.
• Four(4)copies of a proposed site improvement plan and building elevations and layout as may be required
plus three(3) reduced copies (8 1/2"x 11"or 11"x 17")of each drawing. These plans must show the exact
location of all proposed improvements and alterations on the land and to the structures.
In addition, `pdf'electronic copies of all plans and materials are requested as well as all an electronic file of
all plans(format AutoCad.dwg,AutoCad.dxo. Electronic and pdfs can be submitted by disk or e-mailed to
karen.herrand@town.banstable.ma.us.
Other required submissions:
• Review Fee(s) payable by certified check to the Town of Barnstable.
• Deed(s)or Purchase and Sale Agreement(s)for all involved parcels.
• Proof of filing of a Project Notification Form with the Massachusetts Historical Commission if the project is
located outside of the Hyannis Main Street Waterfront Historic District.
Other: The applicant may submit additional supporting documents to assist the Board in makingits
PP Y PP 9
determination. All supporting documents must be submitted eight days prior to the public hearing for distribution
to the Board.
Signature: Date:
Applicant's or Representative's Signature
Print Name John W. Kenney
Representative's6• 1550 Falmouth Road, Suite 12 Phone: 508-771-9300
Address:
Centerville, MA 02632 Fax No.: 508-775-6029
Representative's
E-Mail Address: iohn(cDiwkesg.com
6 Note: All correspondence on this application will be processed through the Representative named at that address and phone
number provided. Except for Attorneys, if the Representative differs from the Applicant/Owner, a letter authorizing the
Representative to act on behalf of the Applicant/Owner shall be required.
OFIKE
. RARNBf OM
y MAFR. p
039.
TED lAP�0
Town of Barnstable
Planning Board
Hyannis Village Zoning Districts
Agreement to Extend Time Limits
for Closing a Public Hearing on a
Regulatory Agreement
In the Matter of the Applicant(s), seeking a Regulatory Agreement
approval as requested in an application submitted to the Town Clerk's Office of the Town of Barnstable
on the applicant(s) and the Planning Board, pursuant to Section 168 of the
Barnstable Code, agree to extend the time limits for closing of a public hearing for a period of
days beyond that date the hearing was required to be closed.
In executing this Agreement, the Applicant(s) hereto specifically waive any claim for a constructive grant of
relief based upon time limits applicable prior to the execution of this Agreement.
Applicant(s): Planning Board:
Signature: Signature:
Applicant(s)or Applicant's Representative Chair
Print: Date:
Date:
Address of Applicant(s)or Applicant's Representative
Growth Management Department
200 Main Street, Street, Hyannis, MA 02601
Phone 508-862-4687
cc: Town Clerk
Applicant(s)
File
070308
f Page 1 of 1
Anderson, Robin
From: larry p [blocker59@gmail.com]
Sent: Thursday, March 24, 2016 11:03 AM
To: Anderson, Robin
Subject: 110 School Street aka 33 South Street
HI
My Name Is Lawrence Pushor I am the maintenance supervisor.for Holly Management Kathryn Kolka
is my Supervisor she is away this week I'm writing back in response to the property on South St Hyannis
(DockSide)
I did send a couple of my employees over to said building they removed the matteresss and boarded and
secured building and removed personal belongings out of the building by request of a homeless person
who said he was arrested on the property I will request that the Police (Police)the area
Wey¢
Virus-free.www.avastcom
3/24/2016
R
Roma, Paul
From: Jenkins,.Elizabeth
Sent: Thursday, November 10, 2016 3:30 PM
To: 'Michele Capozzi'; Roma, Paul
Subject: RE: Dockside Residences
Attachments: image001 jpg; image002jpg
Thanks, Michele.
The procedure is for the Building Commissioner to sign the letter and forward it along with a copy of the Regulatory
Agreement application to Gail Hanley, Commission Clerk at:
ghanley@capecodcommission.org
Gail Hanley, Commission Clerk
Cape Cod Commission
P.O. Box 226
Barnstable, MA 02630
Once Barnstable receives the a corresponding response from the Commission, we will have jurisdiction to accept the
Regulatory Agreement application.
Please let me know if I can facilitate in.any way.
Best,
Elizabeth
�.GEMEAr j0. Elizabeth S.Jenkins,AIC:.P
REGULATORY/DESIGN REVIEW PLANNER
a `�' 7 Town of Barnstable a 200 Main Street® Hyannis, MA 02601
o
elizabeth.Jenkins@ town.barnstable.rna.us
508-862-4736
Town Website • Business Barnstable • HyArts•Barnstable iForurn
From: Michele Capozzi [mailto:michele@JWKesq.com]
Sent: Thursday, November 10, 2016 2:26 PM
To: Roma, Paul; Jenkins, Elizabeth
Subject: Dockside Residences
Paul and Elizabeth:
Attached please find a Jurisdictional Determination Regulatory Agreement and a draft letter to the Cape Co.d -
Commission for your review.
Thank you,
Michele
Michele M. Capozzi.7Pollock,Paralegal
1,aw Office of John W.Kenney
n .
1550Tahnouth Road, Suite 12
Centerville, MA 02632
Phone: 508-771-9300
Facsimile: 508-775-6029
E-mail: micheie@jwkesq.com
Click here to securely send me files.
CONFIDENTIALITY NOTICE:The information contained in this message and any attachment(s)is privileged and confidential
information intended only for the individual or entity named.If you are not the intended recipient,you are hereby notified that
any disclosure,dissemination or copying of this communication is strictly prohibited.If you have received_ this communication
in error,please immediately notify us by telephone.Thank you.
2 _
Developer proposes $30M condo project on Hyannis Harbor-News - capecodtimes.com ... Page 1 of 3
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Developer proposes $30M condo project 1 r, . +.
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Historic district hearing set for Wednesday tJ is �
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A rendering prepared by Merge Architects shows the proposed condominiums on School Street in Hyannis.
By Geoff Spillane
gspillane@capecodonline.com
Posted Jun.30,2015 @ 2:00 am TOP JOBS
Guest Service Representative
West Yarmouth,Massachusetts The Cove at
Yarmouth
HYANNIS—Local real estate developer Stuart Bornstein has filed an application with the town of
Barnstable to build a 33-unit upscale waterfront condominium community where the Dockside Auction Assistant
Restaurant currently stands. Sandwich,MA,USA Cape Cod Times
Classified Ads
The School Street property,composed of two parcels totaling 1.3 acres,overlooks Hyannis Harbor Painter
and is adjacent to the Steamship Authority terminal. Brewster,Massachusetts Ocean Edge Resort
&Club on Cape Cod
The Hyannis Main Street Waterfront Historic District Commission will hold a public hearing on the
proposal at 6:30 p.m Wednesday at Barnstable Town Hall. Staff Nurse
Hyannis,Massachusetts Harbor Health
Services Inc
On the agenda is a discussion of the developer's plans to demolish the restaurant and a vacant
residential structure on the property,as well as the construction of nine buildings that would house More Top Jobs
the two-and three-bedroom condominium units.The buildings would range in height from two to
four stories,and an 800-square-foot swimming pool would be built.
TOP HOMES
Bornstein estimates the project,called Dockside Residences,will cost$30 million to build,and the
price range for the condominium units,some with floor plans as large as 2,500 square feet,would Nantucket,MA-$1,295,000-Tucked away on a
be from$600,000 to$1.4 million.He said that 21 of the units would have"great water views." shell covered lane and abutting green space,
The Junipers flexible floor plan features a
wonderful gathering area on the first...
"This will be a groundbreaking project for the town,"Bornstein said Monday."It's a real elegant ...........-............------...•...............................-........ -------------
project to say the least." Oak Bluffs,MA-$1,575,000-Oak Bluffs-East
Chop-Stunning Waterviews over Chrystal
Lake,VINEYARD&NANTUCKET SOUND!
The majority of parking for the development,with the exception of guest parking,would be in SPECTACULAR SUNSETS!OUTSTANDING
underground garages,according to a description of the project provided to the commission.There LOCATION a STROLL...
will be private elevators to the condominiums from the underground garages,Bomste!n said. - ..............................." "'"`.... -Mor-"e""T""o p H.p H..o m.In es".s-
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Developer proposes $30M condo project on Hyannis Harbor-News - capecodtimes.com ... Page 2 of 3
Elizabeth Jenkins,principal planner for the town of Barnstable,said Wednesday's hearing is the
beginning of the approval process for the project,and will focus on the historic value of the
structures to be demolished and whether the design of the condominium buildings meet the historic
district guidelines.
f I
Massachusetts Historical Commission documents indicate that the Dockside Restaurant building,
once known as the Lewis Bay Lodge,was built in 1921 and makes a minor contribution to the
village historic district.The other building proposed for demolition,an abandoned cottage on the
property,was built in 1910 and is an example of an early 20th-century summer cottage,similar to
those constructed in Craigville at the time.The state historical commission notes that its
deteriorated condition and replacement siding have altered its architectural integrity and that it
makes a only moderate contribution to the historic district.
If approved to move forward,Jenkins said Bornstein would next need to seek a regulatory
agreement from the planning board allowing for excess building density on the site and additional
permitting for the height for the structures,which is limited to 2 1/2 stories in the historic district. More videos:
Dockside Residences is not the first time Bornstein has proposed a condominium complex for the I ^
property.In 1996,he proposed a 30-unit project at the site,but the project failed to receive
approval from the town.
If the approval process with the town moves swiftly and smoothly this time around,Bornstein » STAY INFORMED
thinks it's possible the new condominiums could be ready for occupancy by next summer.
Email Sign Up Today
"We've already had a number of unsolicited buyers express interest,"he said."There's somewhat Newsletter
of a demand out there for this type of luxury development." Sign up for our newsletter and have the top
headlines from your community delivered right
to your Inbox.
—Follow Geoff Spillane on Twitter:@GSpillaneCCT
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i
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town(which you
must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office., 1 st FL, 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is
required by lav!.
DATE: 01 �� _ Fill in please:
s s APPLICANT'S YOUR NAME/S: e, fnR (Wfd4tO
a ilvnk
,ram BUSINESS YOUR HOME ADDRESS: S ��
O2b
TELEPHONE # Home Telephone Number s 1-f-7-CJ C j I1 [
{
NAME OF CORPORATION:
NAME OF NEW-BUSINESS::. TYPE OF BUSINESS 2 �x +�(n
IS THIS A'HOME OCCUPATION'S Y S NO
ADDRESS OF;I3USINESS r o S MAP/PARCEL NUMBS [Asses;smg]'
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING CO ISSIO ER'S OFF
This individ al h s eh,mfeF d f anyermkrequirements that ertain to this type of business.
ut r ed-S' natur
OMM NTS:
2. BOARD O EALTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature*
COMMENTS:
3. CONSUMER AFFAIRS(LICENSING AUTHORITY)
F This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature*
COMMENTS: :
5
Massachusetts Department'of Environmental Protection �.
Bureau of Resource Protection Waterways Regulation Program X227646
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
G. Municipal Zoning Certificate
Dockside Realty Trust
Name of Applicant
110 School Street Hyannis Inner Harbor Barnstable
Project street address Waterway Cfty/Town
Description of use or change in use;
The use is to provide the applicant with commercial access to navigable waters
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed In the applicant's waterways
license application and plans is not in violation�of local zoning ordinances and bylaws.
Printed Name of Municipal Official p to
L
re of Municipal Official me-f ityrrown
CH91App.doc•Rev.6/06 a Page 6 of 13
oF1"E r Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
91"'NSrABM ' WPA Form 5 - Order of Conditions
SE3-3958
659' Massachusetts Wetlands Protection Act M,G,L. c, 131, §40 Provided by DEP
and Town of Barnstable Ordinances Article XXVII
A. General Information
Important:
When filling From:
out forms on Barnstable
i
the computer, Conservation Commission
use only the
tab key to This issuance if for (check one):
move your
cursor- do ® Order of Conditions
not use the
!i return key. ❑ Amended Order of Conditions
r� To: Applicant: PropertyOwner
(if different from applicant):
l Dockside Realty Trust
Shoestring Properties Limited Partnership c/o
Name Name
1 1 Willow Street ro
Bornstein Properties- 297 North St.
Mailing Address Mailing Address
Hyannis MA 02601 Hyannis MA ` 02601
City/Town State Zip Code City/Town -_ State Zip Code
1. Project Location:
i 110 School Street Hyannis
Street Address City/Town
i 326 121 i
Assessors Map/Plat Number Parcel/Lot Number
j
2. Property recorded at the Registry of Deeds for:
Barnstable 10473 204
County Book
Page
Certificate(if registered land)
3. Dates:
I ,
I
May 14, 2002 June 25, 2002 October 31, 2002
Date Notice of Intent Filed -- Date Public Hearing Closed Date of is
suance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Revised Site Plan Oct. 23, 2002
Title
Date
i
Title
Date
Title
I Date
I 5. Final Plans and Documents Signed and Stamped by:
Robert Braman, PE
I Name
6. Total Fee:
$3,945.00
(from Appendix B:WetlandFee Transmittal Form)
W paform5.doc-rev.10/31/02
Page 1 of 7
Massachusetts Department of Environmental Protection
oFI gory DEP File Number:
Bureau of Resource Protection - Wetlands
> AB WPA Form 5 = Order'of 'Conditions SE3-3958
Provided by DEP
,en►�xa Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVII
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of.Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution.
❑ Private Water Supply ® Fisheries ® Protection of Wildlife Habitat
❑ Groundwater Supply„ - ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order.To the extent that the. .
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.:
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act.Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which.provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions isissued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 1.0.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
i
measures, shall be deemed cause to revoke or modify this Order.
j 2. The Order does not grant any property rights'or any exclusive privileges; it does not authorize any
I injury to private property or Invasion of private rights.
I
3. This Order does not relieve the:permittee or any other person of the necessity of complying with all
other applicable federal, state,'or local statutes, ordinances, bylaws, or regulations.
f
'i WpaforrrZ.doc•rev.10/31/02 Page 2 of 7
i
i
vofIH�E Massachusetts Department of Environmental Protection
'4 DEP File Number:
* o� Bureau of Resource Protection - Wetlands
• ;ARNSrABLF. WPA Form 5 - Order of Conditions sE3-3958
v�A MASS.s ,0$ Provided by DEP
)fpfA Massachusetts.Wetlands ProtectionAct M.G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVII
B. Findings (Cont.)
4. The work authorized hereunder shall be completed within.three years from the date of this Order
unless either of the followingapply:
pp Y
a. the work is a maintenance dredging projectas provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance.If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extendedlime period are
'
set forth asa special condition in this Order. I
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to.the expiration date of the Order.
i
j 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, i
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, I
I pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final.until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within.the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
i Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to l
be done. In the case of the registered Land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.-The recording
I information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number SE3-3958
i
10. Where the Department.of Environmental Protection is requested to issue a Superseding Order, the
I Conservation.Commission shall be a,party to all agency proceedings and hearings before DEP:
� 9
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the'Conservation Commission. ;
j 12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is sign ificant,enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5.doc•rev.10/31/02
Page 3 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
,BM WPA Form 5 Order of Conditions SE3-3958
I �A 1639• �e Provided by DEP
)fp �A Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVII
B. Findings (cont.)
i 15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
I this Order.
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16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden i
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
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17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully .
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
i water body. During construction, the applicant or his/her designee shall inspect the erosion controls
I on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately I
control any erosion problems that occur at the site and shall also immediately notify the Conservation I
Commission; which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers-shall serve as the limit of work unless another limit of i
work line has been approved by this Order. -
see attached
Findings as to municipai'bylaw or ordinance _
Furthermore;the Barnstable hereby finds (check one that applies): .
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically: i
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Municipal Ordinance or Bylaw.
Citation
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Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of i
Conditions is issued:
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® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
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Article 27 of Town Ordinances
Municipal Ordinance or Bylaw Citation
The Commission orders.that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications,or.other proposals submitted with the Notice of Intent,
the conditions shall control.
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SE3-3958 Dockside Realty Trust
Approved Plan= Oct.23,2002 Revised Site Plan (2 sheets)by Robert Braman,PE
Findings: i
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1. Implementing the approved reconfiguration zone without.any mitigation would result in significant adverse
impact to recreation as protected under Article 27.
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2. To mitigate for project impacts,the applicant proposed to dredge and maintain the depth of a navigation
fairway associated with the Town's Lewis Bay Ramp facility.
3. In and of itself,the mitigation falls short of ensuring that no impact to recreation occurs. Specifically,`
ensuring that boat encroachment beyond the zone boundaries does not impede recreation remains another
essential aspect of the necessary project mitigation.
4. . The provision of a public boat,pumpout station and provision of a publicly accessible waterfront and are
found to be further important components of the total mitigation for the project.:
5. The coastal bank above the parking lot functions as a vertical buffer to floodwater. It is not eroding.
6. The construction of the building just landward of the top of bank is found to meet the performance standard
of not destabilizing the bank.
7. Recreation is not regulated under MGL Ch 131 s40. Portions of this Order relating to recreation are the
subject of Article 27 only.'
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Special Conditions of Approval
I. Preface
Caution: Failure to comply with all Conditions of this Order of Conditions can have serious consequences.
The consequence may include issuance of a stop work order,fines,requirement to remove unpermitted
structures,requirement to re-landscape to original condition,inability to obtain a certificate of compliance;,
and more.
1. The approval of the reconfiguration zone boundaries was linked to the ongoing provision of a set of
mitigation requirements. Failure to provide any of the following ongoing mitigation requirements(1 -4,
below)shall represent a clear;violation of the letter and spirit of this Order and shall be sufficient cause for
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the Conservation Commission to rescind or modify the approval of the reconfiguration zone. The
Conservation Commission shall have authority under this Order to rescind or modify the reconfiguration
zone following notice to the applicant/successor if any such violation occurs. This condition shall
continue overtime.
Mitigation requirement#1. : Dredge and maintaining the depth of the navigation fairway adjacent to the
Town's Lewis Bay Ramp.
2. The dredging of areas shown as"Maintain to-5.0"and"Maintain to-7.0"on the approved plan shall be
implemented prior to new construction within the reconfiguration zone. The dredging
p p reconfiguration e gmg areas shall be
maintained at the indicated depths_ The Conservation Commission shall determine when maintenance
dredging is required. This condition shall continue over time.The Commission shall consult with the
Harbor Master or Water Ways Committee in assessing the need for future maintenance dredging.
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Mitigation requirement 42: Ensure that boat encroachment beyond the boundaries of the reconfiguration
zone to the east does not impede recreation
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3. Any boat encroaching beyond the limits of the reconfiguration zone shall immediately be removed should
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the Conservation Commission observe a resultant recreational impact. This condition shall continue over
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time.The Conservation Commission shall consult with the Harbormaster or Waterways Cominittee in its
assessment. -
Mitigation requirement#3: Maintain a boat pumpout station
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4. A boat pump-out station shall be provided at the site. The pump-out station slip shall remain readily
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available for pump-out purposes. This condition shall continue over time.
5. The specifications of the unit and its location shall meet with the advance approval of the Harbor Master.
and Coastal Resources Health Coordinator.
Mitigation#4: Maintain a publicly accessible waterfront.
7. The waterfront shall remain readily accessible to pedestrians. A sign welcoming public access for
pedestrians shall be prominently displayed at the site. This condition shall continue over time.
Other Special Conditions
8. For the reconfiguration zone,the total area of proposed float coverage as shown on the approved revised -
plan(6,538 sq.ft) shall not be exceeded. Addition of new floats or extension of existing ones shall be
compensated for by equivalent reduction in size of approved floats,leaving total area of float coverage the
same or less. The applicant shall provide the Conservation.Commission with advance notice in writing of
proposed future changes in float configuration and provide a comparison of before-and-after float.coverage.
9. The existing moorings impacted by the approved project shall be accommodated to the satisfaction of the
Harbormaster: If replaced with'a float,the float location shall be shown on a'revised plan.
10. No fewer than 7 slips shall be maintained.for the commercial fishing fleet,so that the present mix of
commercial fishing and recreational uses may be maintained.This condition shall continue over time.
11. No pier shall extend beyond the limits of the reconfiguration zone.This condition shall continue over time.
12. Bank landscaping shall be undertaken with advance consultation with the conservation agent.
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13. Approval shall be contingent upon receipt and approval of a final work protocol for building construction.
14. No work on the building shall occur prior.
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II. Prior to the start of work,the following conditions shall be satisfied:
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15. Within one month of receipt of this Order of Conditions and prior to the commencement of any work
approved herein,General Condition number 8(recording requirement) on page 3 shall be complied with.
16. It is the responsibility of the applicant,the owner and/or successor(s) and the project contractors to ensure 1
that all conditions of this Order are complied with. The applicant shall provide copies of the Order of
Conditions and approved plans(and any approved revisions thereof)to project contractors prior to the start
of work_. Barnstable Conservation Commission Forms A and B shall be completed and returned to the
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Commission prior to the start of work.
17. General Condition 9 on page 3 (sign requirement)shall be complied with.
18. The Conservation Commission shall receive written notice 1 week in advance of the start of work.
19. The Natural Resources Dept.shall be notified at least 21 working days prior to the start of work at.the site,
to inspect the areas for shellfish. If deemed necessary by the Shellfish Constable,shellfish shall be removed
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from the work area to a suitable site and/or replanted at the locus following construction. The foregoing' I
measures for shellfish protection shall ensue at the expense of the applicant:
20. The applicant shall obtain a building permit for the.proposed piers from the Town Building Commissioner.
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III. The following additional conditions.shall govern the project once work begins.
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21. General conditions No. 12 and No. 13 (changes in plan) on page 3 shall be complied with.
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22. ,The Conservation,Commission,its employees, and its agents shall have a right of entry to inspect for `
compliance with the provisions of this Order of Conditions. it
23. Thiipermit is valid for 3 years from'the date of issuance,eunless extended by the Commission at the request
of the applicant.
24. No creosote treated materials shall be used. No CCA-treated material shall be used for decking.
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25. A post-dredging bathymetric survey shall be performed by the project engineer and,results submitted to the
Conservation Commission for compliance review purposes.
26. Work shall occur during the off-season only: October 15 through.May 1.
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27. Dredge spoils shall be appropriately dewatered and deposited in.conformance with DEP Water Pollution
Control protocol. Spoils shall not be deposited within Conservation Commission jurisdiction without prior,,
28. board authorization. The applicant shall consult in advance with the Conservation Dept.regarding the
method of dewatering.
29. The seasonal storage of floats shall be at a suitable upland,site. Floats shall not be stored on banks,marshes-
or dunes.
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30. Piling shall be driven into place.
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The following special conditions in italics shall govern boat use at the approved piers.These
conditions shall continue over time. Note: For purposes of this Order of Conditions,the term"pier" !
shall refer not only to the linear pile-supported or floating structure,but also to any of its
components or appendages-such as the float(s),ell;tee,ramp,outhaul piling,etc.
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31. Boats shall be used or berthed at the approved pier such that at any time than one foot of water i
resides between the bottom of the boat(or engine in drive position)and the substrate.
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32. Any desired pier lighting shall receive prior approval of the Conservation Commission or Department. !
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33. Lead piling.caps shall not be used.
34. Work on the pier shall ensue mid-tide rising to mid-tide falling or as otherwise necessary to prevent the
grounding of the work barge on the substrate.
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35. The applicant may maintain in conformance with the plan of record the proposed pier and.other structures
given in the Notice of Intent application for the longevity of the Order of Conditions (3 years).Thereafter,
maintenance maybe extended through any forthcoming Certificate of Compliance, „
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For the Building ...
31. The Conservation Commission shall receive written notice 1 week in advance of the start of work.
32. The work limit line shown on the approved plan shall be staked in the field by the project I
surveyor/engineer.
33. Staked strawbales backed by trenched-in siltation fencing shall be set along the approved work limit line.
Effective sediment controls shall remain until the site is stabilized with vegetation.
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34. A sequence of color photographs showing the undisturbed buffer zone shall be submitted to the
Conservation Commission. Note:the strawbales and siltation fence must show in the foreground{or bottom
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of the photographs.
35. General condition No. 17 (mamtainirig:s'ediment controls)on page 4 shall be complied with.
36. The work limit'shown on the approved plan shall be strictly observed.
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37. There shall be no disturbance of the site,including cutting of vegetation,beyond the work limit. This s
restriction shall continue over time.
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38. Upon completion of the foundation;the-:project surveyor or engineer shall verify in writing or by plan to the
Commission any discrepancies with the approved foundation and Mork.limit line location. If verification E
is in the form of an as-built plan,the plan provided shall be drawn at the same scale as the approved plan.
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39. Construction shall conform to the requirements of the State Building Code and the Town of Barnstable
Zoning By-law Flood Area Provisions for construction within the coastal floodplain. Work shall ensue only
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after consulting with the Building Commissioner.
40. Drywells or graveled trenches along the drip lines shall be installed to accommodate roof runoff.
41. All areas disturbed during construction shall be revegetated immediately following completion of work at
the site. No areas shall be left unvegetated for more than30 days. Mulching shall not serve asla substitute
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for the requirement to revegetate disturbed areas at the conclusion of work.
42. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this project.
IV. After all work is completed,the following condition shall be promptly met:
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iration of this Order,the applicant shall request in writing a
43: At the completion of work,or by the exp
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Certificate of Compliance.for the work herein permitted. Barnstable Conservation Commission Form C
shall be completed and returned with the request for a Certificate of Compliance. Where a project has been
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completed in accordance.with plans stamped by a registered professional engineer,architect,landscape
architect or land surveyor,a written statement by such a professional person certifying substantial
compliance with the plans and setting forth what deviation,if any;exists with the record plans approved in
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the Order shall accompany the request for a Certificate of Compliance.At the time of the request for a
Certificate of Compliance an updated sequence of color photographs of the undisturbed buffer zone shall j
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be also submitted. i
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�ZHETph Massachusetts Department of Environmental Protection
s� Bureau of Resource Protection -Wetlands DEP File Number.
= WPA Form 5 - Order of Conditions sE3-3958
y ;t�cass. �. Provided by DEP
`�ArEo�;. Massachusetts Wetlands Protection Act M:G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVII
B. Findings (cont.) i
Additional conditions relating to municipal ordinance or bylaw:
see attached i
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This Order is valid for three years, unless otherwise specified as a special condition pursuant to General'
Conditions#4, from the date of issuance.
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This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by !
certified mail (return receipt requested).or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection,Regional
Office (see Appendix AL an,�ie property owner(if different from applicant).
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Signature !
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Day . Month and Year ,
before me personally appeared
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to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed. _
Notary Public My Commission Expires I
This Order is issued to the applicant as follows:
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by.hand delivery on ❑ by certified mail, return receipt requested, on
NIT 11)
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Wpaform5.doc•rev.5/14/02 � Page 5 of 7
� � royti Massachusetts Department of•Environmental Protection i
o� Bureau of Resource Protection - Wetlands DEP File Number,
i3aaxsraat>
WPA Form 5 - Order of Conditions sE3-3958
y Mass. Provided by DEP
�ArF1639. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVII I
C. Appeals i
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The applicant, the owner, any person aggrieved by this Order,any owner of land abutting the land subject
to this Order, or any ten residents of the city or.town in which such land is located, are hereby notified of.
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. I
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in i
310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to I
the applicant, if he/she is not the appellant.
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The request shall state clearly and concisely the objections to the Order which is being appealed and how i
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 16.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
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D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also.be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information I
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Barnstable 1
Conservation Commission i
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WpafonTv5.doc•rev.10/31/02 Page 6 of 7
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Superseding Order of Conditions SE 3-3958
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
From: Department of Environmental Protection
Issuing Authority
This issuance is for (check one):
Q Superseding Order of Conditions
0 Amended Superseding Order of Conditions
To; Applicant: Property Owner(if different from applicant):
Dockside.Realty Trust Shoestring Properties Limited Partnership i
Name Name
1 Willow Street .c/o Bornstein Properties, 297 North Street
Mailing Address Mailing Address i
Hyannis _MA 02601 Hyannis MA 02601
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
110 School Street Hyannis
Street Address City/Town
326 121
Assessors Map/Plat Number Parcel/Lot Number i
2. Property recorded at the Registry of Deeds for: .
Barnstable 10473 204
County Book Page f
Certificate(if registered land)
3. - Dates:
.May 14, 2002 June 25, 2002 October 31, 2002
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance(Local Order)
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Plan of Shorefront Improvements Prepared for Dockside Realty Trust April 23, 2002
Title Rev. 10/23/02
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Robert A. Braman, P.E., R.L.S.
Name
6. Total Fee:
$2,250.00
(from Appendix B:Wetland Fee Transmittal Form)
wpaform5.doc• Page 1 of 8
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Massachusetts Department of Environmental Protection oEP Fide Number:
Bureau of Resource Protection - Wetlands
' WPA Form 5. — Superseding Order of Conditions SE 3-3958
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by oEP
B. Findings
Findings pursuant to the.Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing,the Department finds that the areas in which work is
.proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply Q Land Containing Shellfish ' Q Prevention of Pollution
❑ Private Water Supply' Q Fisheries - Q Protection of Wildlife Habitat
❑ Groundwater Supply Q Storm Damage Prevention Q Flood Control
Furthermore,the Department hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:.
Q the following conditions which'are necessary, in accordance with the performance standards set forth
in the wetlands regulations,to protect those interests checked above.The Department orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following.
General Conditions, and any other special conditions attached to this Order.To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent,these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued. .
1771 the.information submitted by the applicant is not sufficient to describe the site,the work, or the effect
- of the work on the interests identified in the Wetlands Protection Act.Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions.is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as.per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1 Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2: This Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. `This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
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Wpaform5.doc• Page 2 of 8
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Massachusetts Department of Environmental.Protection DU File Number.
Bureau of Resource Protection - Wetlands
WPA Form 5 - Superseding Order of Conditions SE 3-3958
Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DE
B. �
Findings cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years,the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order,
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,paper, cardboard,
pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording
information shall be submitted to the Department on the form at the end of this Order, which form
must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing.the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP]
"File Number SE 3-3958 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
` 11. Upon completion of the work described herein, the applicant shall submit a Request for.Certificate of
Compliance (WPA Form 8A)to the Department.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Department in writing whether the change is significant enough to require the filing of a new Notice of
Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Department for that evaluation.
Wpaform5.doc• Page 3 of 8 i
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Massachusetts Department of Environmental Protection DEP File Number
ILIBureau of Resource Protection -Wetlands
WPA Form 5 — Superseding Order of Conditions SE 3-3958
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden l
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Department.
17. All sedimentation barriers shall be maintained in good repair until all.disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The,applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Department,
which reserves the right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has
been approved by this Order.
Special Conditions: See attached Special Conditions Nos.-1 through 20.
This Order is valid for three years, unless otherwise specified as a special condition pursuant-to General
Conditions#4,from the date of issuance.
2 0 JAN 2004
Date i
Signature:
E abeth A. ouloheras,,Bureau of Resource Protection
On O Of A.P 200q
Day Month and Year ,
before me personally appeared,Elizabeth A. Kouloheras to me known to be the person described in and
who.executed the foregoing instrument and acknowledged that he/she executed the same as his/her free
act and deed.
•Notary Pyblio My Commission Expires
This.Order is issued to the applicant as follows:
0 .bv"hand delivery on Q by certified mail#7001 0$20 0001 4831 9544
Date Date
Wpaform5.doc• Page 4 of 8
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Massachusetts Department of Environmental. Protection DEP File Number:.
Bureau of Resource Protection - Wetlands SE 3-3958
WPA Form 5 - Superseding Order of Conditions ProvidedbyDEP
Massachusetts Wetlands Protection Act M.G.L. c..131, §40
C. Appeals -
Notice of Appeal Rights:
A) Appeal Rights and Time Limits
he owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon which the
The applicant,the to M.G.L.c.30A,§10A,are hereby notified of their right to request an
proposed work to be done,or any ten(10)persons purs
adjudicatory hearing pursuant to M.G.L.c.30A,§10,providing the request is made by certified mail or hand delivery to the
tee and a DEP Fee Transmittal Form within ten(10)-business days from the date of issuance
Department,with the appropriate filing f
of this Superseding Order,and addressed to
Docket Clerk
Office of Administrative Appeals
Department of Environmental Protection
One Winter Street,3'd Floor
Boston,MA 02108.
A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission,the
applicant,and the issuing office of the DEP at:
DEP Southeast Region
20 Riverside Drive
Lakeville,MA 02347
B)" Contents of Hearing Request
A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR
1.01(6),and shall contain the following information:
(a) the DEP Wetlands File Number,name of the applicant and address of the project;
(b) the complete name,address,and fax and telephone numbers of the party filing the request,and,if represented by
consultant or counsel,the name,fax and telephone numbers,and address of the representative;
(c) the names,telephone and fax numbers;and addresses of all other parties,if known;
(d) a clear and concise statement of(1)the facts which are grounds for the proceedings,(2).the objections this
inconsistent with the Depp
Superseding Order,including specifically the manner in which it Is alleged to be artment's
Wetlands Regulations,310 CMR 10.00,and does not contribute to the protection of the interests identified in the Act,and
(3)the relief sought through the adjudicatory hearing,,including specifically the changes desired in the Superseding Order;
(e) ' - a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the
conservation commission. s
C) Filing Fee and Address
n order payable to the
r money i check o P Y
A copy of the Notice of Claim along with a DEP Fee Transmittal Form and a valid Y
Commonwealth of Massachusetts in the amount of one hundred dollars($100)must be mailed to:
Commonwealth of.Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston,Massachusetts 02211
The request will be dismissed if the filing fee is not paid,unless the appellant is exempt or granted a waiver. The filing fee is not
required if the appellant is a city or town(or municipal agency),county,or district of the Commonwealth of Massachusetts,or a
municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2)for a
person who shows that paying the•fee will create an undue financial hardship. A person seeking a waiver must file an affidavit
setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above.
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory
Hearing
Page 5 of B f
Wpaform5.doc
i
Massachusetts Department of Environmental Protection
Bureau of Resource. Protection Wetlands DEP File Number:
WPA Form 5 - Superseding Order of Conditions SE 3-3958
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in I.
Which the land is located, within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of.Conditions. The recording information
on Page 6 of Form 5 shall be submitted to the Department at the address listed below.
Department of Environmental Protection
Southeast Regional Office
20 Riverside Drive
Lakeville, Massachusetts 02347
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Department.
To: Department of Environmental Protection
Issuing Authority
Please be advised that the Superseding Order of Conditions for the Project at:
110 School Street- SE 3-3958
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
County Book
Page
for:
Property Owner
And.has been noted in the chain of title:of the affected property in:
Book
Page
In accordance with the Superseding Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
K/dh
Wpaform5.doc
i
Page 6 of 8
:Superseding Order of.Conditions for SE 3-3958
:Special Conditions: I.
1. This Order approves shorefront improvements at an existing marina that include; maintenance and improvement I
dredging of approximately 8,900 cubic yards of sediment, removal of an existing pier and the reconfiguration and
expansion of the floating-dock system, relocation of an existing shed, construction of a building for marina use
with associated patio, stairways, leaching pits for roof runoff, grading and the installation of appurtenant utilities.
2. The Department does not concur with the top of coastal bank as delineated on the plan of record. The I Department finds that the.top of coastal bank is located upgradient on the slope, at or near the wooded posts I
located along the twenty-two (22) and twenty-three (23)foot contour lines and is more accurately shown on the
plan titled"Coastal Bank Transect Plan of Land in (Hyannis) Barnstable,MA, Prepared for Shoestring Properties
Limited Partnership", Down Cape Engineering, Inc., dated March 21, 2003.
3.1 The placement of stone riprap on the face of the coastal bank is neither proposed nor approved by this Order.
.)The issuance of this.Order does not prevent the filing of a new Notice of Intent for said work.
`4. This Order does not relieve the permittee of the necessity of receiving approval under the Town of Barnstable
Wetland By-Law, a License pursuant to the Public Waterfront Act, M.G.L. Chapter 91. and a 401 Water Quality
Certification.
5. No work shall take place until all administrative appeal periods from the Order have elapsed, or if an appeal has
been filed, until all proceedings before the Department have been completed.
Reconfiguration and Construction of Floating Docks
6� The use of timber pressure-treated with A.C.Q. (alkaline copper quats), C.C.A. (chromated copper arsenate) or its
equivalent is permitted as construction material with the exception that no C.C.A. treated lumber shall be used for
decking or railings. Creosote treated timber Is prohibited. Wood preservative must be dry before the treated
wood is used in construction.
7. The existingpier, pilings and floats as shown on the Ian of record shall be removed in their t'
P p g p e entirety and properly
disposed:of in conformance with all local, state and federal laws.
8. Minimal jetting of the piles to set them into place is permitted. Then the piles shall be driven to refusal or as
specified on the plan of record:
9. When removed, all seasonal structures shall be stored within'the limits of the paved parking area or at a suitable
upland site outside of wetland resource areas. Said storage shall be in conformance with any applicable local,
state or federal requirements.
10. Future maintenance of the approved structures; in strict compliance with the plan of record and conditions of this
Order, is permissible:
Dredging
\`11. dredging shall be conducted by mechanlcal methods. No dredgina shall be performed from January 15th to June
.�1St of any year. The dredge material shall be disposed at a Massachusetts permitted landfill or approved ocean
disposal site.
12. Dredge footprint sideslopes shall be no steeper than 3:1.
13. This Order is issued upon the express condition that the dredging,dewatering,transport and/or disposal of dredged
material shall be in strict conformance with the 401 Water Quality Certification and the Chapter 91 License/Permit
issued by the DEP,Waterways Regulation Program.
i
Wpaform5.doc• Page 7 of 8
st-dred in conditions shall be
1:4. Within 30 days of completion of dredging,a bathymetric survey depicting post
-dredging
conducted. Following dredging, a Partial Certificate of Complia'statemaenblrom aeProfess onralhEng nee certify certifying
CMR 10.05(9)(d). The post-dredging bathymetric survey and a
compliance with the conditions of this Order shall accompany the request for a Partial Certificate of Compliance.
Proposed Building
at
15. Prior to any earth moving activity,_a row of hay bales staked (end to end).or filter fabric fencing
property line to thel aced easterly I.
the base of the grassed slope along the existing paved parking area from the easterly p p y
side of School Street. These erosion and siltation controls shall be maintained in proper functioning condition
until all disturbed areas have been stabilized, or a determination by the Department'that the control meeasuasuress
are
no longer necessary. i
16. All-disturbed or exposed soil surfaces covered in the Notice of Intent and this Order, shall be temporarily
stabilized with hay, straw, mulch or any other protective covering and/or method approved by the U.S.
Department of Agriculture Natural Resource Conservation Service within twenty-four(24) hours of disturbance or
exp
osure osure in order to prevent erosion from taking place:
17. All patio and roof runoff shall be directed into leaching pits as shown on the referenced plan. The leaching pits i
shall be inspected a minimum of four (4)times per year and cleaned when necessary.
18. All final earth grading shall be permanently stabilized by the application.of loam and seed, sod or other vegetation I
to maintain the stability of the coastal bank.
19. All construction refuse shall be removed from the site and.disposed of in compliance with all local, State and
Federal laws and regulations.
General
20. Upon completion of the project, a Certificate of Compliance shall be requested in accordance with General
Condition No. 11, and under the provisions of 310 CMR 10.05(9)(d). An "As-Built"plan and a statement from a
Massachusetts Registered Professional Engineer certifying compliance with the conditions of this Order shall
accompany the request for a Certificate of.Compliance.
. I
x - I
I
Page 8 of 8 i
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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 the 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, 151 FI., 367 Main St.,.Hyannis, MA 02601(Town Hall) and get
the Business Certificate that is required by law.
�rpo r-a-h or-) cz rn
DATE:
Fill in please: `K
APPLICANT'S YOUR NAME: A jCS
Y° BUSINESS Co irf. Y 6tv1E ADDRESS: ijCa Si'1 ;- 5'a anT�E OWE- rY► d2J,��
p
TELEPHONE # Gcl°I Telephone Number:
NAME OF NEW BUSINESS --l—he. DocL5id.e, TYPE OF BUSINESS' 5j-Ay�z��
IS THIS A HOME OCCUPATION? YES K(W10_)
Have you been given approval from the building division? YES NO
ADDRESS OF`BUSINESS '0\ k Avlr1( ` M A MAP/PARCEL NUMBER
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. 'This form is intended to.assist you in obtaining the information you may need. You MUST GO TO 200 Main St. = (corner of
Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your, business in this
town.
T. BUILDING CO ISSION R'S OFFI E
This indivi ual hat b in for e oeyai
i requireme pertain to this type of business.
h ut rized Signature*
COMMENTS: U
2. BOARD OF HEALTH
- This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
i
3. CONSUMER AFFAIRS (LICENSING AUTHORITY)
This individual ha den infolr=d of thePn&r&Ljrements that pertain to this type of business.
L '
Authorized Signat e** ` UCH
„�
COMMENTS: � ��.J�-C�4 ezypL ye_Yx V'G C Q,�,Q„Qel Li cbas,,�
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 the 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" FI., 367 Main St., Hyannis, MA 02601(Town Hall) and get
the Business Certificate that is required by law.
DATE:
�r Fill in please:
x APPLICANT'S YOUR NAME: Ornel 0. Roberts
BUSINESS YOUR HOME ADDRESS: 16 Sheaffer Road. Centerville MA 02632
T
TELEPHONE # Home Telephone Number: 508-420-4421
NAME OF NEW BUSINESS Beaches Diner, Inca d/b/a The TYPE OF BUSINESS Restaurant
IS THIS A HOME OCCUPATION? YES NO Dockside
Have you been given.approval from the building division? YES X NO
ADDRESS OF BUSINESS 110 School Street Hyannis MA MAP/PARCEL NUMBER 326/121
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 ma
ke sure you have the appropriate
y pp opriate permits and licenses required-to legally operate your business in this
town.
1. BUILDING COM SSIO ER'S OFFICE
This individtibeorn in'form d f ny erm�t requirements that pertain to this type of business.
u ized Signature
COMMENTS:
2. BOARD OF HEALTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
3. CONSUMER.AFFAIRS (LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
THE DOCKSIDE
RESTAURANT LEASE
ANNIS, MASSACHUSETTS
THIS INDENTURE OF LEASE made this _1� day of March, 2008, by and between
Shoestring Properties Limited Partnership; a Massachusetts limited partnership having a
mailing address of 297 North Street, Hyannis, Massachusetts 02601, hereinafter referred to as
"Landlord", and Paul Skudris and Johnathan M. Tyler d/b/a The Dockside, having a mailing
address of 88 Assabet Road, Quincy, Massachusetts 02169, hereinafter referred to as "Tenant",
WITNESSETH:
ARTICLE
Premises
1.01 PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from
Landlord, upon and subject to the terms and provisions of this Lease, the building known as The
Dockside, located at 110 School Street, Hyannis, MA sometimes hereinafter referred to as the
"Demised Premises". Said building is located on a part of a tract of land in Hyannis, Barnstable
County, Massachusetts, owned by Landlord. The Demised Premises shall be deemed to include
all equipment, fixtures, and furniture located therein.
ARTICLE II
Term of Lease
2.01 TERM: To have and to hold the Demised Premises unto Tenant, for the term of Nine and
one-half months (9.5) months commencing'March 15, 2008 (the `.`Commencement Date"), and the
term hereof shall end on December 31, 2008 (which date or such earlier termination of this
Lease herein referred to as tle "expiration date"). Tenant is currently in possession of the
Demised Premises,pursuant?to that certain lease by and,between Landlord and Tenant dated
March 5, 2007, which lease term expired on December 31, 2007.
ARTICLE III
Rent
3.01 RENT: Tenant covenants and agrees to pay to Landlord at Landlord's mailing
address hereinabove set forth, or at such place as Landlord shall from time to time designate in
.writing, rent for the Demised Premises as broken down below:
$20,000.00 down payment ** Am,,.•••.-,
10,000.00 add'l down payment to be paid by April 30, 2008 ,' *
10,000.00 to be paid by June 20, 2008;
20,000.00 to be paid by July 20, 2008;
20,000.00 to be paid by August 25, 2008; MAY - 2008
$ 80,000.00 total rent for season.
}
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NA E OF ENDER -,
BAR 7 9 7 8 8 '
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TOWN OF ADD S OFF R
I 1
BARNSTABLE cfrY E.ZIP CODE
MVlMB EGISTRAT N N MB - f
1Hf Ipw
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LOC No I ION i
TIM GATE VIO J
CI NOTICE OF i M. P.M)ON 20
¢ i
Erb"'DEPT. BADGE N0. (n I
SIGNATURE OF NFO G
VIOLATION - I
of l
OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ,,, ,
ORDINANCE VA Unable to obtain signature of oifende�. THE NONCRIMINAL FINE FOR THIS OFFENSE IS[' N J j
0 LU
Date mailed n I
II OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION it)OR OPTION(2)WILL OPERATE AS A FINAL L
DISPOSITION WITH NO RESULTING CRIMINAL RECORD.
REGULATION
.II. (1)You may elect to pay the above line,either by appearin in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, UJI
II before:The Barnstable Clerk,2oo Main Street.Hyannis,M 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430,
lHy)annis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OFyTHIS NOTICE.
st
r BAIf RICT COURT DEPA
NSTABLE DIVISION.this matter in a noncriminal COURT COMPOUND,MAINroceedinSTREET BARNSTABLE, TMENT,FIRST
do so by
02630,Attn:21 written D N nlcr min.1RHea Hearings d enclose a copy o this i
citation for a hearing. I E
(3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the
hearing to be due,criminal complaint may be issued against you. j
❑ 1 HEREBY ELECT the first option Above,confess to the offense.charged,and enclose payment in the amount of$
.i Signature - —----- -
NA DOFF NDEII BAR 78790 ` i
TOWN OF ADD D I I
cm
sl
BARNSTABLE CI LATE.ZIP CODE
I
Df fHE rq - MVINIS REGISFRATION NUMBER i
IIAN\nTAnlr. � Male '
MANS r , Uj
1.
TIME AN ATE 0 VI LOCA N LA1ICH_ Z I
NOTICE OF ( �/P.M.)ON 20 ✓[�/J1 Uj
/ -J
VIOLATION SIGNAT OF RANGPERSON ORCING OEPL BADGE NO. w It
o el
OF TOWN 1 HEREBY ACKNOWLEDGE RECEIPT OF CITATION X LU �IJr i
Q l
ORDINANCE Linable to obtain signature of offender.
THE NONCRIMINAL FINE FOR THIS OFFENSE IS S
Date mailed LU
OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL
DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LU I I
i REGULATION
(1)You may elect to pay the above line,either by appearing in person between 0:30 A.M.and 4:00 P.M.,Mondayy through Friday,legal holidays excepted,
before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postafhola to Barnstable Clerk,P.O.Box 2430, J
I' Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. 2 Ip•.
12 Uyou desire to contest This matter in noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST
i
NSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:210 Noncriminal Hearings and enclose a copy of this %
citation for a hearing. - 1
(3)If you fail to pay the above offense or to request a hearing within 21 days,or it you fail to appear for the hearing or to pay any fine determined at the j
hearing to be due,criminal complaint may be issued against you. I
I +
❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ I E
L Signature ?
I
a � f
FIME r Town of Barnstable Regulatory Service Director
�O Diy� Richard Scali
o Regulatory Services
Licensing Division Consumer Affairs Supervisor
* BARNSTABLE, * Elizabeth G. Hartsgrove
y� MASS. �g 200 Main Street, Hyannis, MA 02601'OjFo 3.+A, www.town.barnstable.ma.us Consumer Affairs Administrative
Telephone: 508-862-4778'Fax: 508-778-2412 Officer Assistant
Therese Gallant Margaret Flynn
HAND DELIVERED
August 1, 2016
Mitchell's Cafe Corporation
Dockside Restaurant
Attn: Velma Roberts
110 School Street
Hyannis, MA 02601
Re: VIOLATION.OF CEASE & DESIST, Section 1 of the Parking Lot Rules and Regulations
Dear Ms. Roberts:
On July 13, 2016 a cease and desist was issued to you regarding operating an unlicensed
private parking lot located on 53 South Street.
On July 27, 2016, 1 personally witnessed and videotaped at 7:40am and 7:50am two separate
vehicles park on 53 South Street, drivers of said vehicles walk directly over to the takeout
window at your establishment, Dockside Restaurant located at 110 School Street, take money
out of their wallets, give it to the employee inside the window, and walk directly off the premise
towards the Steamship Ferry.
By these witnessed actions occurring on your premise, this letter serves as notice to Dockside
Restaurant at 110 School Street, Hyannis MA is in violation of the cease & desist order issued
on July 13, 2016 by continuing to operate an unlicensed Private parking lot by accepting money
for non-customers to park on 53 South Street, as witnessed on July 27tn
Should you have any questions please contact this office.
R ectfully,
Eliza th G. Harts ro
9
Consumer Affairs Supervisor
CC: Mark Ells,Town Manager
Ruth Weil,Town Attorney
Richard Scali,Director of Regulatory Services
CA Officer Gallant
Licensing Authority
ENCLOSURE: Citation#78788 and#78790
Eh11
170!',i.tilti:' Iy 'i[tillrEitll,'1 10 .`il hool `,, icoE't
V iol;tt iml Itl I It yi'.t
The ABCC BLUE BOOK(May,2004 M&n).
Phone Number: 508-362-337 T
SECTION 6: Give a full description of the premises to be licensed,including location of all entrance
and exits Cellar: one room for storage. First floor: outdoor patio, indoor
porch/dining area; lounge and bar area, men's and ladies' restrooms; kitchen (including
dish room, prep area, take-out window section, employee restroom (mens' and ladies')
stairway to full cellar. for .storage. Main entrance at west side at School Street to patio
and dinigMTT0M6(aY1ide entrance.on east side; employee entrance to kitchen on north side.
Seating Capacity: 125 Occupancy Number: 125
SECTION 7:
Applicant is an:
( ) Association (X) Corporation ( ) Individual
( ) Partnership ( ) Non-profit Corporation ( ) LLC
SECTION 8 If applicant is an individual or partnership—List for individual or each partner:
FULL NAME HOME ADDRESS
n/a
SECTION 8(a): Is individual or all partners United States Citizens? n/a ( )Yes ( )No.
If no,specify citizenship:
SECTION 8(b): Is individual or all partners involved at least twenty-one years old? ( )Yes ( )Non/a
M
SECTION 9:If the applicant is a corporation,complete the following: '
State of Incorporation: Massachusetts' Date of Incorporation:April 6. 2007
Fiscal Year Ends: December �1 Date qualified to do business in MA: April 6_ 2007
SECTION 9(a): How many shares of stock are authorized: 275,000 How many are issued: 2000
Provide in the box the names if all officers,directors,stockholders and manager.
Use*to indicate director.
Title Full Name Home Address
* Cam bell u'
i
22
THIS LICENSE SHALL BE DISPLAYED ON THE PREMIS IN A' ONSPICUOUS POSITION WHERE IT CAN BE READ
LIC N E No. 7000288 A
ALCOHOLI VERAGES
1
THE LICENSING r ORITY OF
The TOWN OF BARNSTABLE, MASSACHUSETTS
HEREBY GRANTS A
COMMON VICTUALER.
License to Expose, Keep for Sale, and to Sell
All Kinds of Alcoholic Beverages
To Be D udn-l-On-thPremises
To: Rumpy's Beef and Reef tic. .°` T d
3 ...............................
on the following s ib- _ 1'ses ool Street, r ,
Cellar: one roo o e. First F o do oor por h g r ; lounge and bar
area men's a s , F
` ..r ooms, r� ludt.g d, om, pre pa e ,yta o t window section,
employee res ram n t sand lade¢ 1 r for storage. main n 'ance at west side
1
at.School St e.to patirand dining rod t o, east side; errtployee nt ance to kitchen on .
north side.
W.
This 1�ce s g nt 'd nd a p� tg d 4lt p= ; on0,ijpn t�ate 1 e see shall, in
all respects, o form t al' t. . p:o� olistt
e=) i,u rnro'ItQ apter 1 8 f the General
Laws, as am ; +rd, and l qny rules or re Ir41id hereunder by elf en ri authorities.
�``
This license e es June 15 2�0 n ess earlier susp all el d or revoked.
......
k
1N TESTI ��% a.OF,th&i�4rs4, n rv( eir official
signatures thi r Ay, of ua 0 V
The Hours during whi -Aglo = 'ic k O.,E1S- e IOW,
Beverages may be sold are:
F a�+e ."
WEEKDAYS: 8 A.M.TO 1 A.M. ....................:
....................................................., �.�
SUNDAYS: 12 MIDNIGHT TO 1 A.M.
......................................................
..F era, ,p .........
12 NOON TO 12 MIDNIGHT
................................
...............,
NOT VALID unless issued in conjunction
............................................................
with a Food Service Permit. LICENSING AUTHORITY
PAID: $1,350.00 RESTRICTIONS
,l
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II
To Hm'e and to Hold the premises,with all the appurtenances,unto they,the said ReleaseE,his
heirs,successors and assigns,forever,so that neither they the said Releasors,nor their het/''$nor any
other person under them shall hereafter have any claim,right or title in or to the premises,!,or any
part thereof but therefrom they are by these presents forever barred and excluded.
I
1N WITAIESS WHEREOF,they has hereunto set their hands and seals this 26'''day of July,.'1999,
li
' n O O U'1
w ¢ I !— MARTIN C ,Trusto0. the
40 � � go' 137 CENTERVIL TRUST
w O �• i o- x
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w T C.TRA, K,I v[d 1 ley
f I HF' Ui; �
STATEOFMAMMUSETTS }
} ss. WEST DENNIS July 261F 1999 !;
COUNTY OF BARA'STABLE }
is
Personally Appeared MARTIN G TRAYWICIK,7hatee of 137 CENTERVIL.LE�R UST
and MARTINC. TR4YWICK,Individually,signers and sealers of thefibregoing fnstruntint,and
acknowledged the same to be!heir free act and deed before me this 26*day ofJuly,1999.
Conimlulnn 44he Periw•Courvftr Aw
My COMMW1011&+irts On'
BARNSTABLE REGISTRY OF DEEDS
• f
.Total Pages:
Bk 21196 P91 *45662
07-19-20106 a 08:47aa
DISCHARGE OF MORTGAGE
Wilshire Credit Corp#:446326"Davalos" ID:/7896145 Barnstable,MA
MERS M 100136300110132403 VRU#:888.679.6377
KNOW ALL MEN BY THESE PRESENTS that MORTGAGE ELECTRONIC "
REGISTRATION SYSTEMS INC.,A DELAWARE CORPORATION whose address is
14523 SW Millikan Way#200,Beaverton,OR 97005 holder of a certain Mortgage,whose
parties,dates and recording information are below,does hereby acknowledge thatit has
received full payment and satisfaction of the same,and in consideration thereof,does
hereby cancel and discharge said Mortgage.
Original Mortgagor:ROBERT DAVALOS,A SINGLE MAN
Original Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS
INC.
Date Executed:07/26/2004
Date Recorded: 10/08/2004
in Book/Reel/Liber 19118,Page/Folio 236,as Document/Instrument
No•:79002
In the County of BARNSTABLE,State of MASSACHUSETTS
Property Address: 137 Main St,Centerville,MA,02632-2901
IN WITNESS WHEREOF,the said MORTGAGE ELECTRONIC REGISTRATION SYSTEMS
INC.,A DELAWARE CORPORATION by its authorized officer,has hereunto set its corporate
seal.
Mortgage Electronic Registration Systems Inc.,a Delaware Corporation
On July 05,2006
MICHELLE PATTERSON,ASSISTANT
SECRETARY
Recording Requested By:
Wilshire Credit Corporation
When Recorded Return To:
Robert Davalos
137 Main St
Centerville,MA 02632
NKN-20060705-0029 MABARNS BARNSTABLE MA BAT:7629 KKMAROMt - '
Bk 21196 Pg 2 #45662
Page 2 Discharge of Mortgage
STATE OF Oregon
COUNTY OF Washington
ON July 05,2006,before me,Huong Nguyen,a Notary Public in and for the County
of Washington County,State of Oregon,personally appeared Michelle Patterson,
Assistant Secretary,personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity,and that by his/her/their signature on the instrument the person(s),
or the entity upon behalf of which the person(s)acted,executed the instrument.
pFFIV 81`L
HUON � p UONC+ uc 9
NOTARY PUBLIC-0REGON
Notary Expires: 12/19/2009 #398356 AN, COMMIS S'OPESDEC.19 21"
^.1Y COMMISSION I�(P
(This area for notarial seal)
Wilshire Credit Corporation,P.O.BOX 8517,Portland, OR 97207-8517
HKN•20060705-0029 MABARNS BARNSTABLE MA BAT:7629/448326 KXMAROMI
f
BARNSTABLE REGISTRY OF DEEDS
E k 21952 P s 1 fry 22991:
04-19-2007 & 02 = 46P
JR4P
DOCKET NUMBER Trial Court of Massachusetts s`
EXECUTION 200625CV001543 District Court department
}
CASE NAME COLLINS FINANCIAL SERVICES,INC. vs. ROBERT DAVALOS AIK/A ROBERT P DAVALOS
JUDGMENT CREOITOR(S)IN WHOSE FAVOR EXECUTION IS ISSUED_ CURRENT COURT
P01 COLLINS FINANCIAL SERVICES,INC. Barnstable District Court
Main Street
P.O.Box 427
Barnstable,MA 02630-0427
ep (508)375-6600
JUDGMENT CREDITOR(OR CREDITOR'S ATTORNEY)WHO MUST ARRANGE SERVICE OF EXECUTION FURTHER ORDERS OF THE COURT
oJ` P01 ALAN JAMES VANARIA e
r GOLD&VANARIA,P.C.
12 INGRAHAM TERRACE A TRUE:COPY ATTEST
SPRINGFIEL,MA 01105
JUDGMENT DEBTOR AGAINST WHOM EXECUTION IS ISSUED 1
D01 ROBERT DAVALOS A/KIA ROBERT P DAVALOS SHERIFF
U 137 MAIN STREET
APT.A
$ CENTERVILLE,MA 02632
TO THE SHERIFFS OF THE SEVERAL COUNTIES OR THEIR DEPUTIES,OR(SUBJECT TO THE LIMITATIONS OF _
G.L.c.41 §92)ANY CONSTABLE OF ANY CITY OR TOWN WITHIN THE COMMONWEALTH:
The judgment creditor(s)named above has recovered judgment against the judgment debtor named above in the amount
shown below.
�^ WE COMMAND YOU,therefore,from out of the value of any real or personal property of such judgment debtor found within
your territorial jurisdiction,to cause payment to be made to the judgment creditor(s)in the amount of the"Execution Total"
shown below,plus additional postjudgment interest as provided by G.L.c.235§8 on the"Judgment Total'shown below
commencing from the"Date Execution Issued"shown below at the"Annual Postjudgment Interest Rate"shown below,and
r�
�- to collect your own fees,as provided by law.This Writ of Execution is valid for twenty years from the"Date Judgment.
Entered"shown below. It must be returned to the court,along with your return of service,within ten days after this judgment
has been satisfied or discharged,or after twenty years if this judgment remains unsatisfied or undischarged.
1.Judgment Total $2,908.32
2.Date Judgment Entered 03/19/2007
3. Date Execution Issued 03/30/2007
4. Number of Days from Judgment to Execution (Line 3-Line 2) 11
5.Annual Postjudgment Interest Rate of12.00%/365= Daily Interest Rate 0.032877%
6. Postjudgment Interest from Judgment to Execution(Lines 1x45) $10.52
7. Postjudgment Costs(if any) $0.00
8. Credits(if any) $0.00
9• EXECUTION�TOTAL(Lines'1 +6,t t'MMUsLine,B) $2,918.84
LEVYING OFFICER% (a)Add daily interest,4tQmcpte executiarLissued.
(b)Add your fees as'prpvide
TESTE OF FIRST JUSTICE , ° D ` EX CUTION ISSUED CLERK- STRArSST.CLE
�r ham;":
WITNESS: Hon.W.James O'Neill 4* \ ' ' ,� 03/30/2007 X
Detefrime Printed: 03/30/2007 09:31 AM FORM NO.
s. Bk 21952 Pg 165 #22990
Barnstable ss. April 18, 2007
By virtue of this Execution No. 0625 CV 1543 issued by the Barnstable
District Court, the original of which is in my hands for the purpose of taking this
real estate, I have this day levied upon, seized and taken all the right, title and
interest that the within named Judgment Debtor Robert Davalos, aka Robert P.
Davalos now had on February 26, 2007, when it was attached on mesne
process, in and to the real estate, situate within the County of Barnstable and
described as follows in Book 12457 Page 335 at the Barnstable Registry of
Deeds:
A certain parcel of land with Are buildings thereon situated In said Centerville on the w 4 skis of the
Macadam Road running from mid Centerville to*mnu bounded
E&TERLY.• By said road about one hundred thirty-three(I M.00)feet,
SOUTHERLY.. By land now or formerly of nekla Hedlund,about 71vo Hundred
(250.00)feet;
. WESTERLY.• By land now orformerly of the heirs of Aaron S.Crosby,about 04 Hundred
77day-Viree(i3$00)feet,and
NORTHERLY: By land now or formerly of the heirs of James D.My about 7W undyed
F*(250.00)feet.
!t being the same premises conveyed to the Releasor herein by Quit Claim Deed of Kathlden Davalat
dated May 17,1988 and recorded May 31,1988 in Book 6284 at Page 10 of the Barnetal a County
Registry of Deeds. I .
The within is a true copy of this Execution and the above so much of my
return as relates to the levying upon, seizure and taking of this real estate on this
Execution.
Gold &Vanaria, P. C.
12 Ingraham Terrace.,
Springfield, MA 01105 n1,4r� "
Attorney for Creditor Jean A. Marshall
Deputy Sheriff ;
dARNSTABLE REGISTRY OF DEEDS
�r oi'
Bk 124S7 PG:33S 62122
08— 01=- 1999 LP' t7 =IL717
QUIT CLAIM DEED ,
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME,GREETING.
KNOW YE,that I,MARTIN C. TRAYWICK, Trustee of 137 Centerville Trust,uld/t.dI led May
17,1988 and recorded at the Barnstable County Registry of Deeds,of the Town of Wes
Hyannisport, County of Barnstable and State of Massachusetts,and MARTIN C TRAYWICK,
Individually,of the Town of West Hyannisport,County of Barnstable and State of Massachusetts,.
hereinafter referred to as Releasors
for the consideration of ONE HUNDRED SIXTY FOUR THOUSAND EIGHT
HUNDRED DOLLARS AND NO CENTS($164,800.00);and other
valuable considerations
N.
received to his and lis full satisfaction of ROBERT DAVALOS of the Town of Barnstable, Village
of Centerville and County of Barnstable and State of Massachusetts,hereinafter referred to as
Releasee
does remise,release, and forever QUIT CLAIM unto the said ROBERT DAVALOS the l nd,
' together with the buildings thereon, situated in Barnstable(Centerville),Barnstable Cou
Massachusetts, bounded and described as follows:
A certain parcel of land with the buildings thereon situated in said Centerville on the west side of the
Macadam Road running from said Centerville to Hyannis bounded:
i
EASTERLY: By said road about one hundred thirty-three(133.00)feet,
- SOUTIIERLY: By land now or formerly of Thekla Hedlund,about Two Hundred 1p J
(250.00)feet;
• WESTERLY: By land now or formerly of the heirs ofAaron S. Crosby,about On Hundred
'V Thirty-Three(133.00)feet;and
NORTHERLY. By land now or formerly of the heirs of James D.Kelly about Two�l ndred
Fifty(250.00)feet.
I,
It being the same premises conveyed to the Releasor herein by Quit Claim Deed of Kathleen Davalos
dated May 17, 1988 and recorded May 31, 1988 in Book.6284 at Page 10 o the Barnstable County
g f
Registry of Deeds. -
• j
f
r
YOU WISH TO OPEN A BUSINESS?. (�/LG�
4
For Your Information: Business Certificates cost$30.00 for 4 years. A Business Certificate ONLY REGI TERS 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
F
Clerk's Office, 1st FL., 367 Main Street, Hyannis, MA 02601 (Town Hall).
,'� DATE: 4/19/07
- t Fill in please:
APPLICANT'S YOUR NAME:Rumpy's Beef and Reef, Inc. d/b/a The Dockside
BUSINESS YOUR HOME.ADDRESS: 88 Assabet Road
508-778-1880 Quincy, MA 02169
TELEPHONE # Home Telephone Number: - -9=1
3T� taC,ov
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NAME,OF,N,EW,!13U:SINE ! ;''
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,
When starting a new business there are,several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of
Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business
in this town. yc�3�
1. BUILDING COMMISSIONER'S OFF E o� 9
This individual h e n informe of any permit requirements that pertain to this type of business.
Auth razed Signature** _..
COMMENTS:
2. BOARD OF HEALTH s of • S-0 x N(oYY
This individual ha bee informe the ermit re uir ments that pertain to this type of business.
-e 1110
A orized Si nature'k
COMMENTS:
S
3. CONSUMER AFFAIRS (LICENSING AUT OR
This individual h, /J een i ►iie of uirements that pertain to this type of business.
Aut oriz d Signature** / � /'
COM ENTS• S CGc- 7 C�D�C-If�IT�✓ti. ✓/C7�C�'�c!✓C�
TO ALL NEW BUSINESS OWNERS
DATE:
Fill in please:
APPLICANT'S YOUR NAME: _�4Sci Sa p11 re
BUSINESS IN YOUR HOME ADDRESS: 14 i- Cres a,14-U,
114« dz 3�y
TELEPHONE T le h ne N er H rn -
NAME OF NEW BUSINESS 56 /Xf. > 1i PE OF BUSINESS a� '✓
IS THIS A HOME OCCUPATION? Y S I I f<2SL
Have you been given approval from the building division? YESIJ NO -"
ADDRESS OF BUSINESS S ti I c MAPIPARCEL NUMBER
When starting anew business there are several thingg you must do in order to be in with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. Once you have obtained the required signatures,
listed below, you may apply for a business certificate at the Town Clerk's Office (Ist floor-Town Hall) or if you get the business certificate first;
you MUST go to the following office to make sure you have all the required permits and licenses.. T 7
GO TO 200 Main St. -(corner of Yarmouth Rd. & Main Street) and you will find the following offices:
1. BUILDING COMMISSION 'S OFFICE
-This individual has en infor d of any permit requirements that pertain to this type of business.
Auth ized Signat
COMMENTS:
2. BOARD OF HEALTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature** -
COMMENTS:
3. CONSUMER AFFAIRS (LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
Business certificates (cost $30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in the town (which you must
do by M.G.L. - it does not give you permission to operate -you must get that through completion of the processes from the various
departments involved.
**SIGNIFIES APPROVAL FOR A BUSINESS CERTIFICATE ONLY.
oxTM�' Historical Commission
Town of Barnstable
8A KAS& ` 230 South Street
0 9. ��� Hyannis,Massachusetts 02601
February 9, 1995
Mr. Walter Hedlund
,Lewis Bay Motel,Restaurant and Marina,Inc.
110 School Street
Hyannis, MA 02601
Dear Mr.Hedlund;
At a Public Hearing held on February 7, 1995 on the application of Lewis Bay Motel,Restaurant and
Marina,Inc.to demolish a building at 110 School Street Extension,Hyannis,MA. Assessor's Map 326
Lot 121,the Barnstable Historical Commission voted that the building in question is a"preferably
preserved significant building". The Commission has agreed to the applicants advertising the availability
of the buildingto the public for a nominal fee for an initial period of three months from the date of this
P
letter.
After the three month period has expired if the building has not been removed,the Commission will again
review the matter with the applicant.
Sincerely,
Donald Bain
Acting Chairman
c.Town Clerk
Ralph Crossen,Building Comm.
"// Co��
�= The Town of Barnstable
• BAHNSUBLE.
MASI
Department of Health Safety and Environmental Services
fDMA'�� Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
June 16, 1998
Stuart Bornstein
The Bornstein Companies
297 North Street
Hyannis, MA 02601
INFORMAL CAPE COD PARA-SAIL & JET SKI, and ADVENTURE WATERSPORTS,
at the Dockside Marina,"°South Street, Hyannis.
Proposal: Two separate jet ski operations.
Dear Mr. Bornstein,
The above referenced informal proposal was reviewed at the Site Plan Review Meeting of June
11, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the
following conditions:
• Access to the lot be kept open where the pick-up trucks are parking on the South
Street side. This area borders a home next door. It was suggested that a 20-foot
wide buffer be maintained between this access and the southerly property line.
• No gasoline fueling or mechanical maintenance of vehicles on site permitted
except the changing of spark plugs.
• Saw horse to block"cut through" roadway from South Street.
• No signs to be placed without prior approval of the Hyannis Main
Street/Waterfront Historic District and the Building Department.
• Updated plan showing parking calculations must be submitted.
• Also, the owner of Cape Cod Para-Sail and Jet Ski must file for proper business
licenses.
Should you have any questions, please feel free to call.
Respectfully,
Ralph Crossen
Building Commissioner
I
woe 1He row �ib�duc�t� �amm,�baian
y MASS. a 230 South Street
000lFo MA't A� Hyannis,Massachusetts 02601
Apr i1 15 , 1992
Parker Affiliated Companies
85 Prescott Street
Worcester , MA 01605
Re : Lewis Bay Lodge , Inc .
Dear Sirs :
The Barnstable Historical Commission has determined that the
building located on Assessor ' s Map 326 Lot 121 , #110 School
Street. Extension, is not a ."preferably presernved significant
building " under criteria set forth in Section 2 . 5 (A) & (B) of
the Town ' s ,Protecti.on of Historic Properties Ordinance . ..
Sincerely yours ,
Patricia J . Anderson,' Director
Historic Preservation Department
cc : Town Clerk /
Joseph DaLuz , -Building .Dept ✓✓✓ .
Walter Hedlund , Jr
Assessor's office(1st Floor):
Assessor's ma d�Iotnumber 0 nor.Tur o`
Conservation --- 1 1�}�v,;� 1�.
Board of Health(3rd floor): � t+uxaT�nt
Sewage Permit number
Engineering Department(3rd floor): °o to q.
House number
Definitive Plan Approved by Planning Board 1g
APPLICATIONS PROCESSED 8:30-9.30 A.M.and 1,00-2:00 P.M.only
TOWN OF BARNSTABLE
BUILD G INSPECTOR
APPLICATION FOR PERMIT TO
TYPE OF CONSTRUCTION
19
TO THE INSPECTOR OF BUILDINGS:
I
The undersigned hereby applies for as permit according to the following information:
Location 5 3 So S T.
Proposed Use
Zoning District Fire District
Name of Owner Le.w (5 Address 5 3
Sov+h S7-
Name of Builder Address
Name of Architect Address
Number of Rooms Foundation
Exterior Roofing
Floors Interior
Heating Plumbing
Fireplace Approximate Cost 7 3,bO0 ,
Area
Diagram of Lot and Building with Dimensions Fee 4&6-,�
f
\vu _
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above nst ion.
Name
TOAJO ,/I S, UMAJ6 rle
Construction Supervisor's License
LEWIS BAY MOTEL
r No 3 4 9 9 4 Permit For HAZE
Motel
- Location T � �r3 S O'a't® S r e e t
Hyannis
Owner Lewis BaV `Motel z 4 ? ` ! f '� —�
Type of Construction Frame
Plot Lot
` Permit Granted 'April 23, 19 ;9 2
Date of Inspection '° " 19
Date Completed 19 Xk
r-]
f ttt tt ]
t
°FTW T Town of Barnstable
' - Regulatory Services
Thomas F.Geiler,Director
AIEo;9.r►�e� Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
Date 7 L YAD 3
Address sC //0 0 L 57
To Whom It May Concern: - r
Our attention has been alerted to the fact that you are flying illegal �w NCR S contrary to
the Town of Barnstable's Zoning Ordinances.The Town has a sign code which is explicit regarding flags.
Section 4-3.3,Prohibited Signs(1)"Any sign,all or any portion of which is set in motion by movement,
including pennants,banners or flags,except official flags of nations or administrative or political
subdivisions thereof" -
Please contact me at 508-862-4033 when these flags have been removed so that I can inspect the site.Thank
you for your anticipated cooperation.
E
• . - . wig --
Sincerely,
David Mattos
Building Inspector
Q:\BUILDING\WPFUM\DMA770SWegal Flags.DOC
The Town of Barnstable
» snxxsT BLF. •
9 MAC'1639. Department of Health Safety and Environmental Services
iOrFn Mn+°i Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
September 30, 1999
R
Mr.Stuart Bornstein
Holly Management and Supply Corporation
297 North Street
Hyannis,MA 02601
Re: Parking Lot,School Street,Hyannis
Dear Mr.Bornstein:
On August 23, 1999 we ordered you to do certain site work at the upper parking lot on School Street in
Hyannis. We did this after you requested us to get involved. Now we are getting calls because you have
only backfilled the trench and have not complied with the other items we asked for.
You must take action to comply with our letter of August 23, 1999 as soon as possible. Please call me if
there is a problem.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMC/km
y
iWirm -
i
_ • a
OEM
e
��� _J/ .1J� ! � /:'ii/..it/�.
`N0TES �C -��/1_t ..4 �Y 0 4 I
d
ia LA- o
1 °FI"E r°"�.� Department of Health, Safety and Environmental Services
Building Division MAE& -
367 Main Street,Hyannis MA 02601
Asa .
1639. A�
Office: 8 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
August 23, 1999
Mr. Stuart Bornstein
Holly Management& Supply Corporation
297 North Street
Hyannis,MA 02601
Re: Parking Lot, School Street,Hyannis
Dear Mr. Bornstein:
At this time I am ordering you to take the following steps to abate a public safety hazard on the upper lot _
on School Street. This lot is currently in a disturbed state and is situated on the corner of School Street
and South Street across from The Dockside Restaurant.
1. Backfill all open trenches on this lot with clean fill.
2. Stabilize the bank next to the single-family home by filling the trench and vegetating the
slope so that no siltation occurs.
3. Stabilize the edge of roadway next to School Street by using hay bales to stop and siltation
into the public way.
4. Backfill and compact against the retaining walls abutting Steamship Authority land. A
registered professional engineer must supervise this step.
5. Final cover in the parking area of non-bituminous material such as crushed base or
handpacked gravel shall be used. Final inspections by my office will be necessary. The fill
chosen should be pre-cleared by me.
A copy of this letter is being sent to the Cape Cod Commission as required by their regulations.A copy
is also being sent to the Downtown Waterfront Historic District Commission for their records.
You must begin this work as soon as possible. Please call me if there is any problem complying with
this order.
Sincerely,
Ralph M.Crossen
Building Commissioner
cc: Cape Cod Commission
Downtown Waterfront Historic District Commission
g990823a
ti
The Town of Barnstable
Department of Health Safety and Environmental Services
16.19.
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
July 3,2000
Mr.Stuart Bornstein
Holly Management&Supply Corporation
297 North Street
Hyannis,MA 02601
Re: Parking Lot,School Street,Hyannis
Dear Mr.Bornstein:
Please replace the hay bales next to Ms.Karath's home on School Street with a row of hedges and
rake back the wash out of sand that has gone on to her land.
Thank you in advance for your cooporation.
Sincerely,
Ralph M.Crossen
Building Commissioner r.
RMC:cah
cc: John Klimm
g000703b
OFIKE r,
The Town of Barnstable
* BARNSfABLE, : Office of Town Manager
9 MA33.
1639• Awe 367 Main Street, Hyannis MA 02601
ED MAC
i
I
Office: 508-862-4610 John C.Klimm,Town Manager
Fax: 508-790-6226
MEMORANDUM
TO: Ralph Crossen, Building Department
FR: John Klim';22���
DT: June 30, 2000
RE: Rita Karath
Hedges/Parking Lot Matter on School Street
For your information, attached is a copy of a letter dated June 27, 2000 which I received
from Rita Karath. Please review the letter and get back to me with your comments.
Thank you.
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Department of Health, Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
y MAB,&
t639. A�0
Office: 8 $(o Z_ 3� ;1 �� �� Ralph Crossen
Fax: 508-790-6230 U :!' I "'�.f Building Commissioner
J _ _
August 23 1999
Mr. Stuart Bornstein
`-ION
Holly Management& Supply Corporation
297 North Street
Hyannis,MA 02601
Re: Parking Lot, School Street, Hyannis
Dea.Mr. Bo...stein:
At this time I am ordering you to take the following steps to abate a public safety hazard on the upper lot
on School Street. This lot is currently in a disturbed state and is situated on the corner of School Street
and South Street across from The Dockside Restaurant.
- 1. ackfill all open trenches on this lot with clean fill ` 1
Stabilize the bank next to the single-family home by filling the trench and vegetating the
slope so that no siltation occurs.
f 3. Stabilize the edge of roadway next to School Street by using hay bales to stop and siltation
into the.Ipublic way. s
��.
�1p� 4. Backfill and compact against the retaining walls abutting Steamship Authority land. A
registered professional engineer must supervise this step.
5. Final cover in the parking area of non-bituminous material such as crushed base or
r2- haazidpacked gravel shall be used: Final inspections by my office will be necessary. The fill
\1 i/1 osen should be pre-cleared by me.
H copy of this letter is being seni to the Cape Cod Commission as required by their regulations.A copy
is also being sent to the Downtown Waterfront Historic District Commission for their records.
You must begin this work as soon as possible. Please call me if there is any problem complying with
this order.
Sincerely,
Ralph M. Crossen
Building Commissioner
cc: Cape Cod Commission
Downtown Waterfront Historic District Commission
g990823a
1
°� R ' CAPE COD COMMISSION
3225 MAIN STREET
P.O. BOX 226
BARNSTABLE, MA 02630
(508)362-3828
CH FAX(508)362-3136
E-mail: frontdesk0capecodcommission.org
August 26, 1999
Mr. Stuart Bornstein
Holly Management & Supply Corp.
29 7 AT.rfh Ctroat
�/i aVlll vaVv
Hyannis, MA 02601
RE: Parking Lot, School Street, Hyannis
Dear Mr. Bornstein:
This letter is to notify you that at a meeting held on August 26, 1999 the Cape Cod
Commission voted to approve the Emergency Work Determination of Barnstable
Building Commissioner, alph Crossen. Specifically, the Commission approved the work
ordered by Mr. Crossen's letter of August 23, 1999 to you. Site work at the School Street
upper parking lot is limited to the work outlined in Mr. Crossen's letter. Please note that
Conservation Commission approval may be required for the approved emergency site
work.
Please contact me at (508) 362-3828 if you have any questions concerning the
Ememency Work Determination.
Sincerely,
tricia D ley
Commission Coun 1
Cc: Ralph Crossen, Barnstable Building Commissioner
Rob Gatewood, Barnstable Conservation Administrator
David Ansel, Barnstable Rep., Cape Cod Commission
Rita Karath, 123 School Street, Hyannis
t�
CAPE COD COMMISSION
3225 MAIN STREET
P.O. BOX 226 r
BARNSTABLE, MA 02630
Sys �t (508)362.3828
sq CHUSti FAX(508)362-3136
E-mail: frontdesk®capecodcommission.org
JuLFAXapd
VICERTIFIED MAIL
RE ICN—_RECEIPT REQUESTED
Attorney MichaelvPrinci
Wynn & Wynn, P.C.
310 Barnstable Road
Hyannis, Massachusetts 02601
RE: Leisure Time Cruise Corporation
Dear Attorney Princi:
This letter is to follow up your letter of June 21, 1999 concerning site work
related to the Leisure Time Cruise proposal. Dorr Fox. and I visited the site
again today and it appears that a great deal of grading and other site work has
occurred since June 17, 1999.
I am writing to reiterate that as of June 17, 1999, the vote, of the Cape Cod
Commission to review your client's proposal as a Development of Regional
Impact (DRI), any and all site work conducted by your client is at your client's
risk. This includes changes made to existing parking areas as well as
previously undeveloped areas. Please note that your client's risk with respect
to the site work may. be substantial. For example, if the commission
determines that satellite parking is preferable to on-site parking, it may
require your client to restore portions of the site where site work has
occurred.
I understand that you may file a new Site Plan Review application relative to
the existing dockside restaurant and that application would involve
improvements to the same parking areas proposed to accommodate the
Leisure Cruise proposal. It is the Commission's position that any
modification to or change in the parking and landscaped areas shown on the
site plan accepted for review by the Commission as part of the Leisure Cruise .
proposal are at the applicant's own risk. Any improvements within the area
shown on the site plan, excluding the restaurant, regardless if they are made
pursuant to a different site plan approval may be required to be restored.
t�
p4.
r .
Attorney Nlichael Princi .
June 25, 1999
Page 2
Of course, the Commission will not hold up improvements required as a
matter of immediate public safety. Dorr Fox and I met with local officials
today to discuss the site. No one in the meeting, including Ralph Crossen,
Barnstable Building Commissioner, identified any immediate site work
necessary for the protection of public safety. In the event that you identify site
work necessary to protect public safety, please contact me or Dorr Fox
immediately to discuss how we may accommodate such emergency work. ,
This is also the case for site work necessary to abate an environmental
problem resultingfrom an site work conducted since June 17, 1999.
Finally, Commission staff is gathering the information requested in your.
letter. We will provide the requested information by June 30, 1999.
Please contact me or Dorr Fox at (508) 362-3828 if you have any questions.
Sincerely,
Watricia Da ey
Commission Counsel
cc: Sumner Kaufman, Barnstable Rep., Cape Cod Commission
Ralph Crossen, Barnstable Building Commissioner
Robert Gatewood, Barnstable Conservation Agent
Ruth Weil, Barnstable Assistant Town Attorney
Attorney Paul Wightman
Attorney, Eric Wodlinger, Choate, Hall & Stewart
y C� �lyy�yYt SS rc Ac� 7 CIO
y Cop
_
u 1
ppard, as long as the planning board and the applicant have mutually agiiyd to ! ,
§23 HARDSHIP QS CIY�`(n
EXEMPTION extend any applicable deadline or because of ongoing adminiatrative or appeals I
:":. � _., .
- , . process, and said approval is thereafter received by July first, nineteen hun-
y,,.._
*after approved by the local board of selectmen.
§24 EMERGENCY dted and ninety, and is that
by
WORK EXEMPTION
s
August first, nineteen hundred and.ninety, and so long as the development
constructed in accordance with said permit or approval as originally applied
Loc.
(e) This act, shall not apply to a lot of lots shown on a subdivision plan
endorsed by a planning board prior to July first, nineteen hundred and
eighty-nine, in accordance with section eighty-one V of chapter forty-one of
the General Laws, if the planning board has released the security held by it
to ensure completion of construction of ways and the installation of municipal
services, as required by section eighty-one U of said chapter forty-one, prior
to the effective data of this act.
����• ION. 23. The commission shall have the power after holding a public
hearing pursuant to section five to grant an exemption, in whole or in part I
and with appropriate
conditions, to any applicant from the terms and provi-
sions of this act where the commission specifically finds that a literal en- Amok
forcemeat. of the provisions of the act would involve substantial hardship, fi-
nancial or otherwise, to the applicant and that desirable relief may be
and without
granted without substantial detriment to the public good
nu ing or substantially derogating from the intent or purpose of the act.
ECTION 2 (a) When a municipality or state agency makes a determination I
that an emergency exists and that a development is necessary for the immediate
protection of the health or safety of the public, the municipality or state
agency may issue a .development permit to conduct such emergency work notwith-
standing that ordinarily such work would cequire a referral to the commission I
as a development of regional impact.
(p) A municipality or state agency shall sake a site inspection prior to
issuing a determination that work on a development is of an emergency nature
and iequires a development permit without a development of regional impact ap-
proval. The determination to an emergency development shall include a
description of the work which is allowed on an emergency basis, but shall not
Include any work beyond that which is necessary to abate the emergency.
Amok
(c) Work on a development to abate an emergency shall not extend more
written approval
than thirty days after the occurrence of the emergency unless
40 -
I�n�lll�llla� -----_ - - IPa�m64mffiFaRNFYBtIMiaWiSlmMEW
from the co+lsaion has been obtained. by the municipality, the state agency
the owner of the development. r
or b7 i' §25 RELATION
(d) A copy of the determination of the emergency and of the development TO COUNTY
CHARTER
permits issued by the municipality or by the state agency shall be sent to the
commission immediately upon issuance.
(e) The commission may, on its own motion or at the request of any per-
son, review an emergency determination and the work authorized thereunder.
Such review shall not operate to stay the work permitted by the municipality
or the state agency unless the commission specifically to orders. The commis-
sion shall adopt regulations for an expedited review of emergency determina-
tions under this section.
S=TION 25. Section 7-4 of Article 7 of chapter 163 of the acts of 1988
•
is hereby amended by striking out, in line 6, the word 'or,',- and by insert-
ing after the word 'obligation', in line 7, the words:- or, (6) any ordinance
adopted pursuant to the Cape Cod Commission Act unless otherwise specified:
provided, however, that any ordinance resulting in the reorganization, consol-
alteration
eratio n of the terms of office, the
abolition, mer , 1
ldation, bol er, division or g
manner of selection, number of members or prescription of the functions, pow-
ers, duties and responsibilities of the Cape Cod Commission shall be subject
to the citizen referendum provisions of section 7-3: and provided, further.
that any such action ultimately approved by the assembly of delegates or by
the Barnstable. county voters shall be reported to the senate and house clerks
of the general court and be transmitted by them to the joint committee on lo=
cal affairs. -
House of Representatives. January .7 1990.
Passed to be enacted, `.- Speaker.
OL
In Senate, January v 1990.
President.
Passed to be enacted,
sa
:r3a5'•�Y x. t
:VTa�TkJf - 41 -
•Safi 7.S..•= ..�nv�.'•_ '
- Y
SAL t
f 77,
esti
-- ■esmw�
Cape Cod Commission
Administrative Regulations 1/21/99
Commission shall publish notice of its written decisions in its official publication
as required by Section 5(i) of the Act.
(vi) The Commission shall issue a decision in a form suitable for recording in the
Barnstable County Registry of Deeds. The Commission shall record the decision
in the Barnstable County Registry of Deeds after 30 days but not more than 45
days after the Commission approves the written decision. The Commission shall
retain proof of such recording,including the recording information(either book and
page or instrument number, date and time). No work shall begin on a proposed
development until the Commission has recorded the decision. The Applicant shall
bear the expense of recording.
(vii) Any Hardship Exemption granted by the Commission shall be valid and effective
for 7 years from its date of issuance,unless a lesser time period is specified in the
decision, and its scope shall be strictly construed.
(viii) The Commission may limit the transferability of any Hardship Exemption granted
by the Commission as a condition of approval.
(f) Failure to,pay filin fee
Failure of an Applicant to pay the entire filing fee specified in Section 9 of these
regulations, Schedule of Fees,will result in a determination that the Hardship Exemption
application submittal is incomplete pursuant to sections 4(d) and 4(e) above and no
hearing will be held to consider such incomplete application.
(g) Withdrawal of Application
An Applicant may withdraw an application for a Hardship Exemption from consideration
by the Commission at any time so long as such withdrawal is in writing and is approved
by the Commission with respect to form and content. Failure to provide a.Commission-
approved withdrawal form will result in a procedural denial of the exemption application.
An Applicant who has withdrawn an application from Commission review shall be
charged for staff time expended on the withdrawn application. The Commission shall be
reimbursed for such charges prior to or at the time of withdrawal. The Commission shall
not consider any subsequent application for the same or a different project submitted by
the Anplicant unless the filing fee has been paid.
Q;5. EMERGENCY WORK
(a) In an emergency situation where immediate action is necessary to protect the health and
safety of the public, a municipal or state agency may make a determination that work on a
development is of an emergency nature, and may issue a development permit for work
that would otherwise ordinarily require referral to the Commission as a DRI.
(b) A municipality or state agency must make a site inspection before issuing a determination
18
Cape Cod Commission
Administrative Regulations. 1/21/99
t work is of an emergency nature and requires a development permit:escription of the work hh°a1�DRId on
that is
approval. The determination must
ude an de a dwo k beyond that wh ch s necessary to
an emergency basis and may not m Y
abate the emergency.
c Work on a development to abate an emergency shall not extend more than thirty days
( ) after the occurrence of the emergency unless written approval from the Commission has
been obtained by the municipality, the state agency, or the owner of the development.
Notification of the determination of emergency shall be made by the municipality andor state
(d) agency by telephone immediately if it is issued between the hours of 8
p.m., Monday through Friday, or otherwise or in the case
of holidays also n the next working
be made by
day,to the Executive Director at (508) 362-3828.No Y
362-3136.
detennination of
facsimile machine transmission at(508) A copy of the hall forthwith be
emergency and of any development permit(s) issued thereunder s
delivered to the Commission at 3225 Main Street, Barnstable, MA 02630.
(e) The Comma
Commission shall provide for review of emergency determinations in accordance with
the following procedures:
(i) Upon receipt of the copy of the determination of emergency or of the
development permit(s) issued, the Executive Director shall forthwith notify the
Executive Committee.
ii Within five working days of notification,the Executive Committee shall convene
O to review the determination of emergency and the development permits issued
e Committee shall have the authority to stay the work
thereunder. The Executiv
until the next regularly scheduled Fneeting of the full Commission.,
At its next regularly scheduled meeting,
the Commission shall review the
) issued thereunder.
emergency work determination and any developm Shall is issue Sits tiers in writing.
If the Commission orders the work to be stayed,
The Commission may on its own or by the request of any person, review
ie�s r mew shall
rgency
(fl work determination and any development permit(s) issued thereunder.
not stay the work unless the Commission, in writing, specifically so orders
6, PROCEDURE FOR MAKING TAKINGS CLAIMS -RESERVED
7. MODIFICATIONS TO APPROVED DRIs
(a) Who Ma A 1 to Modi a Commission Decision
An Applicant who has obtained a favorable decision from the Commission, or a u c essor
in interest to a favorable and transferable Commission decision, n y apply
forsion
modification.
19
BAR,��, CAPE COD COMMISSION
3225 MAIN STREET `
cam! BARN TABLE, MA 02630
9pSA SASS (508)362-3828
CHv FAX(508)362-3136
E-mail:frontdesk0capecodcommission.org
August 18, 1999
VIA.FACSIMILE and
FIRST CLASS MAIL
Mr. Stuart Bornstein
Holly Mgt. & Supply Corporation
297 North Street
Hyannis, MA 02601
RE: Parking Lot, School Street, Hyannis
Dear Mr. Bornstein:
This letter is in response to your letter of August 17, 1999 concerning proposed site work
at the parking lot on School Street at Hyannis Inner Harbor. I am writing to suggest a
course of action to address potential public health and safety hazards at the School Street
site.
As you may be aware, the Commission staff provided two letters concerning site work.at
the School Street location. Staff prepared an undated letter, faxed to Attorney Michael
Princi on June 18,1999, and a June 25, 1999 letter, faxed and mailed to Attorney Princi
on June 25th. The letters are attached for your information. Please note that the
Commission has not issued a "Cease and Desist order" as asserted in your letter.
As the enclosed letters state, it is the Commission's position that all site work conducted
after the Commission accepted the Leisure Time Cruise Corporation's proposal on June
17, 1999 was and is conducted at the applicant's own risk. The June 25`h letter also states
that the.Commission does not intend to hold up "improvements required as a matter of
immediate public safety".
ti
Mr. Stuart Bornstein
August 18, 1999
Page 2
The Cape Cod Commission Act (the "Act") provides a process for addressing potential
public health and safety emergencies. Under section 24 of the Act, the Barnstable
Building Commissioner, Ralph Crossen, may issue an emergency work permit for site
work at the School Street site. In order to issue an emergency work permit, Mr. Crossen
must make a determination that an emergency exists and that development work is
necessary for the immediate protection of the health or safety of the public. This
emergency work determination must include a description of the work allowed on an
emergency basis, but shall not include any work beyond that which is necessary to abate
the emergency. The Commission must then review the emergency work determination,
on an expedited basis, and decide whether the development work may proceed as
approved by Mr. Crossen. Development work under a locally issued emergency work
determination is not held up by the Commission's review of the emergency work permit.
However, please be advised, as stated in the June 25, 1999 letter that any site work
conducted prior to a DRI approval may be required to be removed or restored. A copy of
Section 24 of the Act and the relevant regulations is enclosed for your information.
For your information, I recently received a call from your neighbor, Ms. Rita Karath of
123 School Street, concerning the state of the parking area on School Street. She is
concerned about the dirt piles and holes identified in your letter, as well as the potentially
unstable nature of the ditch at the site immediately adjacent to her property
Your letter proposes "a temporary patch of asphalt" to abate perceived public health or
safety problems. I recommend consideration of a lower impact solution, such as fencing
and placement of packed stone dust to provide stability and prevent erosion.
Please feel free to call me at (508) 362-3828 to discuss potential methods of addressing
potential health and safety hazards at the site or if you have any questions concerning the
emergency work process.
Sincerely,
Patricia Daly
Commission Counsel
w
Mr. Stuart Bornstein
August 18, 1999
Page 3
Cc: Rita Karath, 123 School Street, Hyannis
Ralph Crossen, Barnstable Building Commissioner
David Ansel,Barnstable Rep., Cape Cod Commission
Rob Gatewood,Barnstable Conservation Administrator
dCC l .M.
FOR ATE TIME P.M.
M
PWDNED' i
OF
F1�TUFfNED
PHONE YOUR CAiL
AREA CODE NUMBER X SION
ME SAGE
- S1iE YC)lt
SEE YOU'
[SIGNED oflniversa/ 413003
i
c e
cn
}-
0
z
of s CAPE COD COMMISSION
J; 7 �
�• ter, 3225 MAIN STREET
v r' P.O. BOX 226 r
BARNSTABLE, MA 02630
(508)362-3828
sSAa[0 FAX (508)362-3136
E-mail: frontdesk@capecodcommission.org
Cjune1999 I
and/CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attorney Michael Princi
Wynn & Wynn, P.C.
310 Barnstable Road M
Hyannis, Massachusetts 02601
RE: Leisure Time Cruise Corporation
Dear Attorney Princi:
This letter is to follow up your letter of June 21, 1999 concerning site work
related to the Leisure Time Cruise proposal. Dorr Fox and I visited the site
again today and it appears that a great deal of grading and-other-site work has
occurred since June 17, 1999.
I am writing to reiterate that as of June 17, 1999, the vote of the Cape Cod
Commission to review your client's proposal as a Development of Regional
Impact (DRI), any and all site work conducted by your client is at your client's
risk. This includes changes made to existing parking areas as well as
previously undeveloped areas. Please note that your client's risk with respect
to the site work may be substantial. For example, if 'the commission
determines that satellite parking is preferable to on-site parking, it may'
require your client to restore portions of the site where site work has
occurred.
I understand that you may file a new Site Plan Review application relative to
the existing dockside restaurant and that application would involve
improvements to the same parking areas proposed to accommodate the
Leisure Cruise proposal. . It is the Commission's position that any
modification to or change in the parking and landscaped areas shown on the
site plan accepted for review by the Commission as part of the Leisure Cruise.
proposal are at the applicant's own risk. Any improvements within the area
shown on the site plan, excluding the restaurant, regardless if they-are made.
pursuant to a different site plan approval may be required to be restored.
I
f
Attorney Michael Princi
June 25, 1999
Page 2
Of course, the Commission will not hold up improvements required as a
matter of immediate public safety. Dorr Fox and I met with local officials
today to discuss the site. No one in the meeting, including Ralph Crossen,
Barnstable Building Commissioner, identified any immediate site work
necessary for the protection of public safety. In the event that you identify site
work necessary to protect public safety, please contact me or Dorr Fox
immediately to discuss how we may accommodate such emergency work.
This is also the case for site work necessary to abate an environmental
problem resulting from any site work conducted since June 17, 1999.
Finally, Commission staff is. gathering the information requested in your
letter. We will provide the requested information by June 30, 1999.
Please contact me or Dorr Fox at (508) 362-3828 if you have any questions.
Sincerely,-
atricia Da ey
Commission Counsel
cc: Sumner Kaufman, Barnstable Rep., Cape Cod Commission
Ralph Crossen, Barnstable Building Commissioner
Robert Gatewood, Barnstable Conservation Agent
Ruth Weil, Barnstable Assistant Town Attorney
Attorney Paul Wightman
Attorney Fric Wodlinger, Choate, Hall & Stewart
of B,% CAPE COD COMMISSION y
3225 MAIN STREET '
U r'I P.O. BOX 226
/ BARNSTABLE, MA 02630
9rsq 8 C O FAX(508)362 31 H36
E-mail: frontdesk(§capecodcommission.org
June 18, 1999
r --M-ich-ae.I___Pri,nci
Wynn & Wynn, P.C.
Attorneys at Law
310 Barnstable Road -
Hyannis, MA 02601
RE: Leisure Time Cruise Corporation
Dear Mr. Princi:
We are writing to confirm that at its meeting on June 17, 1999, the Cape
Cod Commission asserted jurisdiction over the proposed operation of The
Leisure Lady cruise boat out of Hyannis Harbor in Barnstable,
Massachusetts. The Cape Cod Commission asserted jurisdiction pursuant
to Section 12(h) of the Cape Cod Commission. Act and accepted a
discretionary referral of the project pursuant to Section 12(e) of the Act.
Municipal permits may no longer be issued for this project nor may any
development activity occur on the site unless and until a Development of
Regional Impact approval has been secured from the Cape Cod Commission.
It has been reported to our office that development activity has jeen
occurring on the site since the Commission asserted jurisdiction. We are
informing you that all activity must cease immediately and any site work
conducted as of the Commission's vote on June 17, 1999 is done at the
proponent's risk.
Please contact. our office should you have any questions.
Sincerely,
Dorr Fox Patty D ley
Chief Regulatory Officer Staff Counsel
t�
P`Of Q
Town of Barnstable
Departinent of Public Works
MASS
367 Main Street, Hyannis, MA 02601
Office 508-790-6300 Thomas J.Mullen
Fax 508-790-6400 Superintendent
TO: Ralph Crossen, Building Commissioner
FROM: Robert A. Burgmann, P.E., Town Engineer/c�o
DATE: December 8, 1994
SUBJECT: Building Permit 37148-110 Scho Sffieet1T
Please be advised that the address of 53`Sdho`ol'Street used on this permit is
incorrect. No sewer has been requested for this new building.
It appears that there are two buildings on the property (barn and garage with
apartments) that have been connected to sewer without a permit and are not
being billed for sewer usage.
What steps can you take to remedy these problems?
RAB/dd
The Town of Barnstable
VMS
Department of Health, Safety and Environmental Services
Building Division
snsxsrnHte. ' 367 Main Street,Hyannis MA 02601
Mnss.
9 1639.
Office: 8 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
August 23, 1999
Mr. Stuart Bornstein
Holly Management& Supply Corporation
297 North Street
Hyannis,MA 02601
Re: Parking Lot, School Street,Hyannis
Dear Mr. Bornstein:
At this time I am ordering you to take the following steps to abate a public safety hazard on the upper lot
on School Street. This lot is currently in a disturbed state and is situated on the corner of School Street
and South Street across from The Dockside Restaurant.
1. Backfill all open trenches on this lot with clean fill.
2. Stabilize the bank next to the single-family home by filling the trench and vegetating the
slope so that no siltation occurs.
3. Stabilize the edge of roadway next to School Street by using hay bales to stop and siltation
into the public way.
4. Backfill and compact against the retaining walls abutting Steamship Authority land. A
registered professional engineer must supervise this step.
5. Final cover in the parking area of non-bituminous material such as crushed base or
handpacked gravel shall be used. Final inspections by my office will be necessary. The fill
chosen should be pre-cleared by me.
A copy of this letter is being sent to the Cape Cod Commission as required by their regulations. A copy
is also being sent to the Downtown Waterfront Historic District Commission for their records.
You must begin this work as soon as possible. Please call me if there is any problem complying with
this order.
Sincerely,
Ralph M. Crossen
Building Commissioner
cc-..,, Cape Cod Commission
Downtown Waterfront Historic District Commission
g990823a
I
CAPE COD COMMISSION
r 3225 MAIN STREET
U
P.O. BOX 226
BARNSTABLE, MA 02630
9SS ( 8 ACHAJ FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
August 18, 1999
VIA FACSIMII.E and
FIRST CLASS MAIL
Mr. Stuart Bornstein
Holly Mgt. &Supply Corporation
297 North Street
Hyannis, MA 02601
RE: Parking Lot, School Street, Hyannis
Dear Mr. Bornstein:
This letter is in response to your letter of August 17, 1999 concerning proposed site work
at the parking lot on School Street at Hyannis Inner Harbor. I am writing to suggest a
course of action to address potential public health and safety hazards at the School Street
site.
As you may be aware, the Commission staff provided two letters concerning site work at
the School Street location. Staff prepared an undated letter, faxed to Attorney Michael
Princi on June 18,1999, and a June 25, 1999 letter, faxed and mailed to Attorney Princi
on June 25th. The letters are attached for your information. Please note that the
Commission has not issued a"Cease and Desist order" as asserted in your letter.
As the enclosed letters state, it is the Commission's position that all site work conducted
after the Commission accepted the Leisure Time Cruise Corporation's proposal on June
17, 1999 was and is conducted at the applicant's own risk. The June 25`h letter also states
that the Commission does not intend to hold up "improvements required as a matter of
immediate public safety".
.e
to
7
Mr. Stuart Bornstein
August 18, 1999
Page 2
The Cape Cod Commission Act (the "Act") provides a process for addressing potential
public health and safety emergencies. Under section 24 of the Act, the Barnstable
Building Commissioner, Ralph Crossen, may issue an emergency work permit for site
work at the School Street site. In order to issue an emergency work permit, Mr. Crossen
must make a determination that an emergency exists and that development work is
necessary for the immediate protection of the health,or safety of the public. This
emergency work determination must include a description of the work allowed on an
emergency basis, but shall not include any work beyond that which is necessary to abate
the emergency. The Commission must then review the emergency work determination,
on an expedited basis,. and decide whether the development work may proceed as
approved by Mr. Crossen. Development work under a locally issued emergency work
determination is not held up by the Commission's review of the emergency work permit.
However, please be advised, as stated in the June 25, 1999 letter that any site work
conducted prior to a DRI approval may be required to be removed or restored. A copy of .
Section 24 of the Act and the relevant regulations is enclosed for your information.
For your information, I recently received a call from your neighbor, Ms. Rita Karath of
123 School Street, concerning the state of the parking area on School Street. She is
concerned about the dirt piles and holes identified in your letter, as well as the potentially
unstable nature of the ditch at the site immediately adjacent to her property
Your letter proposes "a temporary patch of asphalt" to abate perceived public health or
safety problems.4 recommend consideration of a lower impact solution, such as fencing
and placement of packed stone dust to provide stability and prevent erosion.
Please feel free to call me at (508) 362-3828 to discuss potential methods of addressing
potential health and safety hazards at the site or if you have any questions concerning the
emergency work process.
Sincerely,
Patricia Daley
Commission Counsel
t
�� of BA\ CAPE COD COMMISSION
O 3225 MAIN STREET
U rh P.O. BOX 226
BARNSTABLE, MA 02630
�r9 t (508)362-3828
ssg CHt7Sti� FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
June 25, 1999
VIA FAX and CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attorney Michael~Princi
- Wynn & Wynn, P.C.
30 1 Barnstable Road.
Hyannis, Massachusetts 02601
RE: Leisure Time Cruise Corporation
Dear Attorney Princi:
This letter is to follow up your. letter of June 21, 1999 concerning site work
related to the Leisure Time Cruise proposal. Dorr Fox and I visited the site
again today and it appears that a great deal of grading and other site work has
occurred since June 17, 1999.
I am writing to reiterate that as of June 17, 1999, the vote of the Cape Cod
Commission to review your client's proposal as a Development of Regional
Impact (DRI), any and all site work conducted by your client is at your client's
risk. This includes changes made to existing parking areas as well as
previously undeveloped areas. Please note that your client's risk with respect
to the site work may be substantial. For example, if" the 'commission
determines that satellite parking is preferable to on-site parking, it may
require your client to restore portions of the site where site work has
occurred.
I understand that you may file a new Site Plan Review application relative to
the existing dockside restaurant and that application would involve
improvements to the same .parking areas proposed to accommodate the
Leisure Cruise proposal. It is the Commission's position that any
modification to or change in the parking and landscaped areas shown on the
site plan accepted for review by the Commission as part of the Leisure Cruise
proposal are at the applicant's own risk. Any improvements within the area
shown on the site plan, excluding the restaurant, regardless if they are made
pursuant to a different site plan approval may be required to be restored.
t;
Attorney Michael Princi
June 25, 1999
Page 2
`Of course, the Commission will not hold-up improvements'required as a
matter of immediate public safetyT-Dorr Fox and I met with local`officials
tod-ay-to`discuss the site. No one in the meeting, including Ralph Crossen,
Barnstable Building Commissioner, identified any immediate site work
necessary for the protection of public safety. In the event that you identify site
work necessary to protect public safety, please contact me or Dorr Fox
immediately to discuss how we may accommodate such emergency work.
This is also the case for site work necessary to abate an environmental
problem resulting from any site work conducted since June 17, 1999
Finally, Commission staff is gathering the information requested in your
letter. We will provide the requested information by June 30, 1999.
Please contact me or Dorr Fox at (508) 362-3828 if you have any questions.
Sincerely,
<�
Wa Da ey .
Commission Counsel
cc: Sumner Kaufman, Barnstable Rep., Cape Cod Commission
Ralph Crossen, Barnstabfe Building Commissioner
Robert Gatewood, Barnstable Conservation Agent
Ruth Weil, Barnstable Assistant Town Attorney
Attorney Paul Wightman
Attorney Eric Wodlinger, Choate, Hall & Stewart
*"
71 CP
_ Y reed to
bard, as long as the planning board and the applicant have mutually a9
s23 HARDSHIP or appeals QS e' en
h:EjCEMPTION extend any applicable deadline or beesuse of ongoingadministrative
I
r. is thereafter received by July Lirst, nineteen hun-
process, and said approval
after approved by the local board Of selectmen by
524 EMERGENCY died and ninety, and is there
WORK EXEMPTION
August first, nineteen hundred and ninety, and so long as the developNnt is
constructed in accordance with. said permit or approval as originally applied
for.
1 to a lot or lots shown on a subdivision plan
a
(e) This act shall not apply
and
endorsed by a planning board prior to July first, ni
neteen
en hun
dred
r ed
eighty-nine, in accordance with section eighty-one V of chapter forty-one of
the General Laws, if the planning board has released the security held ,'by it
to ensure completion of construction of ways and the installation of municipal
services, as required by section eighty-one O of said chapter forty-one, prior
to the effective date of this act.
���5�•P SLCTION• 23. The commission shall have- the power after holding a public
part
hearing pursuant to section five to grant an exemption, in whole or in
and with appropriate conditions,-to any applicant Eros the terms and provi-
sions of this act where the commission specifically finds that a literal en-
lorcement. of the provisions of the act would involve substantial hardship, f!-
nancial or otherwise, to the applicant and that desirable relief may be
granted without substantial detriment to the public good and without .
nullifying or substantially derogating from the intent or purpose of the act.
When a municipal"ity or state agency makes a determination
I,.
�r that an emergency exists and that a development is necessary for the immediate safee I
he public, the municipality or state
protection of the he
al
or Y of t P
such emergency work not
with-
velo
sent pe
rmit
t o conduct
de Pe
agency may issue a P
such work would require a referral to the commission
standing that ordinarily
as a development of regional impact-
(b) A municipality, or state agency shall makt a site inspection prior. to
t is of an emergency nature
issuing a determination that work on a developmen
it without a development of regional impact ap-
and requires a development perm
proval. The determination regarding an emergency development shall include a
basis, but shall not
description of the work which is allowed on an emergency
Include any work beyond that which is necessary to abate the emergency.
c) Work on a development to abate an emergency shall not extend more
de s after the occurrence of the emergency unless written approval
than thint y Y
i
40 -
mn�erwnn®ssa,��®a�nr�ra�lell�l�IfImR7RImR�� i i
R 6439
from the commission has been obtained. by the municipality, the state agency _
cc by the owner of the development. §25 RELATION
(d) A copy of the determination of the emergency and of the development TO COUNTY
® CHARTER
permits issued by the municipality or by the state agency shall be sent to the
commission immediately upon, issuance.
(e) The commission may, on its own motion cc at the request of any per
son, review an emergency determination and the work authorized thereunder.
Such review shall not operate to stay the work permitted by the municipality
cc the state agency unless the commission specifically so orders. The commis-
sion shall adept regulations for an expedited review of emergency determina-
tions under this section.
SECTION 25. Section 7-4 of _Article 7 of chapter 163 of the acts of 1988
is hereby amended by striking out, in line 6, the word 'or,',- and by Insert-
ing after the word "obligation', in line 7, the words:- or. (6) any ordinance
adopted pursuant to the Cape Cod Commission'Act unless otherwise specified:
= provided, however, that any ordinance resulting in the reorganization, consol-
idation, abolition, merger, division cc alteration of the terms of office, the
manner of selection, number of members or prescription of the Functions, pow-
ers, duties and responsibilities of the Cape Cod Commission shall be subject
to the citizen referendum provisions of section 7-3: and provided, further.
that any such action ultimately approved by the assembly of delegates or by
6 g
=:'•' the Barnstable county voters shall be ceported to the senate and house clerks
,
of the general court and be transmitted by then to the joint committee on To-
Cal affairs.
Souse of Representatives. January 1990.
L
Passed to be enacted, Speaker.
in
_... Senate, January
csZ 1990.
President.
v be enacted.
Passed to JJ�!
'�'�... Pas
�T
sT aF - 41 -
F
S ,
N
rai®s�.�. ,arwanr�m,r�xmlfall7R��T111r7RAA
k
Cape Cod Commission
Administrative Regulations 1/21/99
Commission shall publish notice of its written decisions in its official publication
as required by Section 5(i) of the Act.
(vi) The Commission shall issue a decision in a form suitable for recording in the
Barnstable County Registry of Deeds. The Commission shall record the decision
in the Barnstable County Registry of Deeds after 30 days but not more than 45
days after the Commission approves the written decision. The Commission shall
retain proof of such recording,including the recording information(either book and
page or instrument number, date and time).No work shall begin on a proposed
development until the Commission has recorded the decision. The Applicant shall
bear the expense of recording.
(vii) Any.Hardship Exemption granted by the Commission shall be valid and effective
for 7 years from its date of issuance, unless a lesser time period is specified in the
decision, and its scope shall be strictly construed.
(viii) The Commission may limit the transferability of any Hardship Exemption granted
by the Commission as a condition of approval.
(f) Failure to pay filing
Failure of an Applicant to pay the entire filing fee specified in Section 9 of these
regulations, Schedule of Fees,will result in a determination that the Hardship Exemption
application submittal is incomplete pursuant to sections 4(d) and 4(e) above and no
hearing will be held to consider such incomplete application.
(g) Withdrawal of Application
r
An Applicant may withdraw an application for a Hardship Exemption from consideration
by the Commission at any time so long as such withdrawal is in writing and is approved
by the Commission with respect to form and content. Failure to provide a Commission-
approved withdrawal form will result in a procedural denial of the exemption application.
An Applicant who has withdrawn an application from Commission review shall be
charged for staff time expended on the withdrawn application. The Commission shall be
reimbursed for such charges prior to or at the time of withdrawal.The Commission shall
not consider any subsequent application for the same or a different project submitted by
the Applicant unless the filing fee has been paid.
5:,EMEE RGENCY WORK
(a) In an emergency situation where immediate action is necessary to protect the health and
safety of the public, a municipal or state agency may make a determination that work on a
development is of an emergency nature, and may issue a development permit for work
that would otherwise ordinarily require referral to the Commission as a DRI.
(b) A municipality or state agency must make a site inspection before issuing-a determination
18
j� Cape Cod Commission
Administrative Regulations 1/21199 ,
without D
that o
work is of an emergency nature and requires a development permit which is alloowed on
approval. The determination must include dean work beyond that hich is necessary to
an emergency basis and may not m Y
abate the,emergency
(c) Wor
k on a development to abate an emergency shall not extend more than
ion hthirty as
days
after the occurrence of the emergencyeunl toagency, or the o written wner ol from the the development.
been obtained by the municipality,th
(d) No
tification of the determination of emergency shall be made by the municipality
0 cipal ty
agency by telephone immediately if r 3 ate
it is issued between the hours o
Monday through Friday, or otherwise or in the case of holidays on the next working
p.m.,Mo y g
day,to the Executive Director at(508) 3662 3136. A28. tcopy of the determination of
facsimile machine transmission at(508) th
emergency and of any development permit(s) Barnstableed thereundTMA 026 p shall for with be
delivered to the Commission at 3225 Main Street
e The Commission shall provide for review of emergency determinations in accordance with the following procedures:
i) Upon receipt of the copy of the determination of em ncy or of the
irs all forthwith notify the
development permit(s) issued, the Executive Directo
Executive Committee.
ii Within five working days of notification;the Executive Committee shall
issued
to review the determinati e
on
( ) of emergency and the development permits
thereunder. The Executive Committee shall have the authority to stay the work
'n ti
until the next regularly sc
heduled mee g of the full Commission.
(iii) At its next regularly scheduled meeting,the Commission shall review thedevelo development ermit(s) issued thereunder.
emergency work determination and any P P
If the Commission orders the work to be stayed, it shall issue its orders in writing.
The Commission may on its own or by the request of any person,review an emergency
( work determination and any development permit(s) issued thereunder.This review shall
.not stay the work unle
ss
s the Commission, in writing, specifically so orders
6, PROCEDURE FOR MAKING TAKINGS CLAIMS -RESERVED
7. MODIFICATIONS TO APPROVED DRIs
(a) Who Ma A 1 to Modi a Commission Decision
An Applicant who has obtained a favorable decision from the Comrnissi ln, or a u c essor
in interest to a favorable and transferable Commission decision,may apply
modification.
19
F fJi"1 TEL: 2 Ju. 19. 19,39 2:31 Pit P 1
.r
MOLLY MANAGEMENT & SUPPLY CORPORATION
29"North S,j•eet
Hyannis,Massubusetts 02601
(508)775 931 G
FAX (508)775-652()
DATE: August 19, 199,9
TO-. Ralph Crosser
FROMW Stuart.A, Bornstein
PXK Parking Lot, School Street, Hyannis
Number of Pages, including ewer sheet____
FR�if°t TEL.: HUG. 19.1993 2:32 PP1 P 2
HOLLY MANAGEMENT & SUPPLY CORPORATION
OUR r 297 North Street
Hyannis, Massachusetts 02601
(508) 775-9316
PAX (508) 775-6526
August 19, 1999
Mr. Ralph Crossen,
Building(3ommissi.oner
Town of Barnstable Building Division
367 Main Street
Hyannis, MA 02601 Via Facsimile#508-790-6230
Re; Parking Lot, School Street, Hyannis
Dear Ralph:
I spoke with Patricia Daley of the Cape Cod Commission regarding the parking lot on School
Street in Hyannis. (A copy of her letter to me is enclosed.) Ms: Daley recommends that we use
packed stone dust instead of asphalt on the parking lot. I would prefer to use asphalt instead of
stone dust.
I would appreciate your opinion on this matter at your earliest convenience.
Kindly,
Stuart A. Bornstein
SAB/da
Enclosure
KOri TEL: AJ3. 1'D. 1339 _.. 2 PM F 3
CAPE COD COMMISSION
:W® .. 3226 MAIN STREET
RO, SOX 226
BARNSTABLE,MA 02630
sAC_Itt5s4�f FAX(608)362 3136
E-mail:frontciank4capftodcummmlesion,orq
August 15, 1999
VIA FACSllViM.,W
Mr. Stuart Bornstein
Holly Mgt, &Supply Corporation
297 North Street.
Hyannis-, MA 02601
RE; Parking Lu(,School Street, Hyannis
Dear Mr. Bornstein:
This leter is in response to your letter of August 17, 1999 concerning proposed site work
at the parking lot on School Street sat Hyannis inner Harbor. 1 tarn writing to suggest. is
co^arsc(af acticm t.o address potential public hctalth and safety hazards at the School Street
site.
As you :-nay be aware, the Colmni,"ion staff provided two letters concerning site work at
the School Street location. Staff prvparecd an undated letter, faxed to Attorney Michael
Princi or. June 16,1999, and a Tune 25, 1999 letter, 1'ax`d anO mailed 1.0 Attorney Prinei
on Ame 251.1). The letters are attached for your information, Please tote that the
Commission has not is,vied a"Cease and Desist order" as asserted in your letter.
As the encloser) letters state, it is the Commission's position that all site Work conducted
after the Commission accepted the Leisuae Time Cruise Corporation's proposal. on Tune
17, 1999 was and is conducted at the applic,ani's own risk. 'Flee .Mine 25"' Warier also statcs
that the Commission doe4 nol. in'letid to hold up "improvernemts rewired as a natter of
immediate public safety"
FROM TEL: A 5. 19. 1a99 2:31) PM r 4
Mr. Stuart Bornstein
August. 18, 1999
Page 2
The Cape Cod Commission Act (the "Act") provides a process, for addressing potential
public health and safety emergencies. Under section 24 of the Act., die Barnstable
Building Commissioner, Ralph Crossen, may issue an ernergent;y work permit for site
work at the School Street site, In order to issue an emergency work permit, Mr. Crossen
must make a determination that an emergency exists and that development work is
necessary for the iminediaate protection of the health or safety of the public. This
emergency work deterininat.ian must include a description of the work allowed on an
eanergency hasis, but shall not include any work beyond that which is necessary to abate
the emergency. The Commission must then review the emergency work determination,
on an expedited basis, and decide whether the development work may proceed as
approved by Mr. Crossen, Development work under a locally issued emergency work
determination is not held up by the Commission's review of the emergency work permit.
However, please be advisee], as stated in the June 25, 1999 letter that any site work
conducted prior to a DRl approval.rnay be required to,be removed or restored. A copy of
Section 24.of the Act and the relevant regulations is enclosed for-your information. '
For your information, I recently receivedP.,call] from your neighbor, Ms. Rita Karalh of
123 School Street, concerning the state of the parking area on School Street. She is
concerned about the dirt piles and holes identified in your letter, as well as the potentially
unstable nature of the ditch at the site immediately adjacent t:o her property
Your letter proposes "a temporary patch of asphalt" to abate perc:cived public health or
safety problcans. I recornmend consideration of a lower impact solution, such as fencing
and placement of packed stone dust to provide stability and prevent erosion.
Please feel free to call me all (508) 362-3828 to discuss potential methods of addressing
potential health and safety hazards at the: site or if you have any questions concerning the
emergency work process.
Sincerely,
Patricia Da ey
Commission Counsel '7
Mr. Stuart Bornstein
August 18, 1999
Page 3
Cc: Rita Karath, 123 School Street, Hyannis
;,/Ralph Crossen,Barnstable Building Commissioner
David Ansel, Barnstable Rep., Cape Cod Commission
Rob Gatewood, Barnstable Conservation Administrator
r
°r BARA�s�� CAPE COD COMMISSION
9�
3225 MAIN STREET
P.O. BOX 226
BARNSTABLE,MA 02630
(508)362-3828
ssaCHO FAX(508)362-3136
E-mail:frontdesk0capecodcommission.org
June 18, 1999
Mr. Michael Princi
Wynn & Wynn, P.C.
Attorneys at Lave
310 Barnstable Road
Hyannis, MA 02601
RE: Leisure Time Cruise Corporation'
Dear Mr. Princi:
We are writing Ao confirm that at its meeting on June 17, 1999, the Cape
Cod Commission asserted jurisdiction over the proposed operation of The
Leisure Lady cruise boat out of Hyannis Harbor in Barnstable,
Massachusetts. The Cape Cod Commission asserted jurisdiction pursuant
to Section 12(h) of the Cape Cod Commission Act and accepted a
discretionary referral of the project pursuant to Section 12(e) of the Act.
Municipal permits may no longer be ,issued for this project nor may any
development activity occur on the site unless and until a Development of
Regional Impact approval has been secured from the Cape Cod Commission.
it has been reported to our office that development activity has )een
occurring on the site since the Commission asserted jurisdiction. We are
informing you that all activity must cease immediately and any site work
conducted as of the Commission's vote on June 17, 1999 is done at the
proponent's risk.
Please contact our office should you. have any questions.
Sincerely,
Dorr Fox Patty D ley
Chief Regulatory Officer Staff Counsel
FROM TEL: Auu. 29. 2939 2:33 PM P 5
Mr. Stuart Bornstein
August 18, 1999
Page 3
Cc: Vita Karath, 123 School Street, Hyannis
Ralph Crossen, Barnstable Building Commissioner
David Ansel, Barnstabie Rep.,Cape Cod Commission
Rob Gatewood, Barnstable Conservation Administrator
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PARCEL 130
PROP. FLOATS •
WOODS HOLE, MARTHAS (ANCHOR-IN)
VINEYARD, NANTUCKET PROP. FLOATS
STEAMSHIP AUTHORITY (T 000SI
- PO BOX 248
WOODS HOLE, MA 02543
109; � '{ HYANNIS MARINA
1 WILLOW STREET
TO HYANNIS_, MA 02601
- WN B OAT RAMP 0
PROP. RECONFIGURATION p
ZONE LINE
04
z •
PLAN 'N
0' 50' 100' ��1� NOTES:
r ELEVATIONS ARE IN FEET AND TENTHS ABOVE THE
SCALE: 1" = 100' PLANE OF MEAN LOW WATER. MINUS FIGURES INDICATE
DEPTHS BELOW THAT SAME PLANE.
PLAN ACCOMPANYING PETITION OF REFER TO DEP SE3-3958, MEPA EOEA NO. 13012;
CH LIC. NOS. 727, 361, 5951 A 2003, COE PERMIT
DOCKSKIDE REALTY .TRUST NOS. MA-HYAN-82-334 & MA-HYAN-81-221 &
TO CONSTRUCT AND MAINTAIN TIMBER DPW POST DREDGE SURVEY CONTRACT NO. 330.
FLOATS, GANGWAYS, PILES AND
TO DREDGE IN
RYANNIS INNER HARBOR
BARNSTABLE, BARNSTABLE CO., MA
MARCH 20, 2009 SHEET 1 OF 4
BJUMAN SURVEYING & ASSOCIATES, LLC
LAND SURVEYORS AND CIVIL ENGINEERS
140 MARION ROAD, WAREHAM, MA 02.571
s
i
FOR REGISTRY USE ONLY "1 CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN
CONFORMANCE WITH THE RULES AND REGULATIONS
., OF THE REGISTERS OF DEEDS."
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0 F
ROBERT
A
m BRAJNAAN.JR..L
FJ p a vF QF
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PIER �S�� F ♦9
s -9
o
71 O 0 -z W/ �5T 1 DREDGING z
r �' w a o �' Q DR DGE, 1 LIMIT
Z Q o� [6REDGE03
rn
ow MAINTfklN a
0
9 �� 1
PHALT
PARKING
LOTS 6'
A TOWN BOA
MAINTAIN RAMP
RJ. /"' TO -8.0 ; SLOPE..:
1 3:1 SLOPE '1
_ \s �o * - M INT N,
o . 1
C) DREDGE 1 EXIST.
TO -16.0 1 LA1 FLOATS
1 o r1
Y)%EIDG
ING
P MARINA
s 6 uEVM I TTED
TO `8.0
Vp
9�00
��s s
61
PLAN F
0 30 60 .o,
SCALE: 1" = 60' EXISTING CONDITION
& DREDGING PLANT
DOCKSIDE REALTY .TRUST MARC,g 20, 2009 SHEET" 2 OF- 4
FOR REGISTRY USE ONLY "I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN
CONFORMANCE WITH. THE RULES AND REGULATIONS
OF THE REGISTERS, OF DEEDS."
�
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A
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®q/vo SURvo
�- RLS
PARCEL 120
PARCEL 119
PROP. 10'X24' RIPARIANF
TIMBER .FLOAT LINE
PROP. RAMP 0
& PLATFORM
oho
PARCEL 121
PROP. 6'X20' 5 9 \`38 �Sr
TIMBER FLOAT sr�
?9 \`3> Est
PROP. 6'X212'
TIMBER FLOAT PROP., 6'X2
TIMBER FLOAT 9
PROP. N `sr '
n PILES- ,
• 9 Tr �
EXIST. PROP. 6'X30' `sue `�s
O BULKHEAD TIMBER FLOAT 8 Qo
r PROP. 6'X4-O' PROP. RECONFIGURATION
TIMBER FLOATS ` PROP. FLOATS
1 ��O N'L (ANCHOR-IN)
EXIST. PIER TO EXIST. FLOAT
BE REMOVED TO BE REMOVED sr.
o
m ASPHALT \srsr`A
PARKING o '�R
LOT ` h� PROP. 6'X30' so s
TIMBER FLOAT
2 A09 OWN BOAT
Q RAMP
"qD `sos
PROP. 4'X60'
\ -zo CONC. FLOATS
�► PLAN '�o
0' 25' 50'
IN
N. 3` SCALE: 1" = 50'
o
` •0 n� \ 2-5EXIST. CONC.
P 6 FLOATS
S� O
r_ sr> cn PROP. RECONFIGURATION
55, , ZONE LINE
s
so
PROPOSED LAYOUT
DOCKSIDE REALTY TRUST MARCH 20, 2009 SHEET 3 OF 4
p ,
{
FOR REGISTRY USE ONLY "I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN
CONFORMANCE WITH THE RULES AND REGULATIONS ,
OF THE REGISTERS OF DEEDS."
b®®A®eQ® }
vA OF
l'C,
® ROBERT 4 r
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4 BRAA^AN. A z s0.
A JP.p.. OF ® I .
®®41VD SUR\JO ®�
i
7
i
i
RLS
4' & 6' 2" DECK
2%6" & 2%8" FRAME
2"x6" BRACE
FLOATATION
1/2" THRU-ROD
4"x6" SKID
TIMBER FLOAT SECTION
0' 1' 2'
�■O
1„-2,
2-3"X10" WALES
1-2"X10" RUBRAIL
THRU RODS
"SNAP-STRAP" WITH CONCRETE FLOAT WITH
WATER AND ELEC. EXPANDED STYRENE
CORE
6'
2-3"X10" WALES
THRU RODS
CONCRETE .FLOAT WITH
EXPANDED STYRENE
CORE
4'
CONCRETE FLOAT SECTION
0' 1' 2'
1fl=21
DOCKSIDE REALTY TRUST MARCH 20, 2009 SHEET 4 OF 4
c�
I 0
~ EXISTING BUILDING PROP.
s UTILITY POLE` TO BE REMOVED
�O LIGHT
1 3z — m l
•` I EXIi7. BUILDING
. Tq BE SAVED' 3.1 132 . 33 34 5 36 1 20'37
EXIST: CURB i 32
CUT TO BE T ASPHAL ERM_—
CLOSED
l EX ST. E.Q.P.
. . I 24'.
0 �9 (2)" PROP,•6'x6'
LEACHING PITS
WITH 2' OF STONI
28/.I .
TnMr.
.� o
i� m II 21 22 II 24•. p 5 26
PROP.
LIGHT
411' I 27
O
I n 1 I 12 13 14 II�'?�11 15 16 0'17
�o
i 19 20
3. . r
W 1�� I ill t.a ��.
�0 /
EXISTING I (4) PROP. 6'x6' 24'
'RIGHT LANE LEACHING PITS PROP. 6'x8®H
MUST TURN •, I• /WITH 2' OF STONE /
RIGHT' SIGN PIT WITH 3' OF
-STONE
- - - _ 2
AROUND
rn
1
\ (( 6 x6' SOLID
UTILITY 1 POLE I I I CATCH BASIN
2 3 4 5 7g " 0 \ RIM EL .28.1
I •.y ` \ 9., 10, 11 II INV EL 25.1
O
DOUBLE GRATE '• —2?_ / \ i — •_. . — I I ® r
6'x8 SOLID �••• '1 26 ;-PRO IDEWALK .v :0' I
O CATCH BASIN
RIM EL 26.8 — — X— X
INV EL 23.8 �.. -
�.' .. . .. SAVE ..EXIST. TREE ?SRab
EXISTING —
'ONE.WAY EXIS
SIGN START OF EXISTING CURB • REMOVE CONCRETE OF i
PROPOSED CUT TO BE CLOSED . RETAINING'WALL REM,
s SIDEWALK TO THIS POINT ` :.EXISTING'.RETAINING
STAIRS TO`BE REMC
—;�— ii-- — — '—ir— -
--G--- —
jr — - - - - � "—G—
/ v 27
UTILITY POLE
EXISTING
NO LEFT 26
TURN" SIGN
MANHOLE L
COVER
25 =
EXISTING
'NO PARKING'
~—SIGN KEY
24
PROP. � 2" CAL., ��
HARDWOOD THE i2' c
smoDOUBLE 24 SQUARE PROP: PLANTING .................. H.D.P.
•
HEAVE DUTY. GRATES
(EXCEPT USE SINGLE_ EXIST. CONTOUR. ~ 2s
CATCH BASIN DETALt, GRATES
ON
ENTRANCE
) PROP. CONTOUR` —29— — —
(8 ) HEAVY DUTY PROP. GRADE _' �Z�4
CAST IRON FRAME ,
EXIST. ELEV. :............. 16,37
LEVELING EXIST. WATER LINE" . w— - —w
BLOCK(S)
{ 8'
PROP. WATER LINE w w—
EXIST. GAS LINE .A --c= — —G
o
PROP. GAS .LINE c c—
'. = '• ' ' EXIST. FENCE —x— — -x
PROP. LIGHT (TYP.).................. �+
2' TIE 1 r SMOOTH LINED
DEPTN� CORRUGATED H.D.P.E
PIPE (2- MIN. COVER)