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Home My WebLink About0725 WEST MAIN STREET --- - - - � - - ---J - - - - - - f 'ilililljllll $. ��►.. 1 ':: n" sue_....AF?r ��rinrn�l Ilnllul �1 1/1111111 illilllll `"�-'" an ii1nanon 1 3 z `4 e. s • . w i , y ,r _ jy � r - M a ?s` 7� '. -�•��.,.:�, ,.,. . ..t�-3�,� '"�-a�«;•V �, s _ �s."'�'''. a + .t�`� .rY ` ^""d ��,w7. c - r: I, '� ° �.. r��%�a ..;c ?� a'°�nYr] K ..s,�74? r n'�, _ s, :;`!�",�� °�,�,`.•,� �£. „ �� a�' ^�� _ fAI 4-7 ' .`F n S• - 5' w �ra'!�'a $;v, Y'.Y', a F,y.-a a • ua'c:'�,.. r, rf�,� - .-b #� .yr �r ,�-w,..T w.. xf�� `� . - r��-x"-} >r�ps w tR c }at t A ^t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION", CIO Map Parcel: :Application # Health YDivision p' /9�1 �`� X� Date Issued 5 �Q. Conservation Division �1'� �O�i �1sp� �0�1 Application Fee_ V Planning Dept: Permit Fee Date Definitive:Plan Approved by Planning Board P Historic - OKH Preservation/Hyannis jProject Street Address 7,3S_ W i c.s-r Mo`n, L L Village Owner 1-17onrt i / Address.' a?5 �✓PS�/YI�r`i� S% Hycait.S Telephone �08,7 7S,e 7 Permit Request -��rniSh �' nc O !le- $o Srt Love r.OVT ecom "c-ric-L 0 treks -- or i f aU yl-r c�,�. i A be-s amen Square feet: 1 st floor: existing 1 proposed .2nd floor: existing proposed Total new Zoning District Flood Plain . Groundwater Overlay Project Valuatior �7. Construction Type Lot Size Grandfathered: 0 Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: &ct Full ❑Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) g� 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: ZGas ❑Oil ❑ Electric ❑ Other Central Air: W(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 Ur/Yes ❑ No If yes, site plan review# Current Use StQ r0.:5, _ Proposed Use r!"® APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Z-: Name ® T O 1,02 Telephone Number Address Ot s c U l c License# food e's jqti q IY74 O,;� s Home Improvement Contractor# A0159 Worker's Compensation # Q'q._ !Y7 _3 09/ ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO Bjorn ® r SIGNATURE DATE X2 E 200 1 , t* T FOR OFFICIAL USE ONLY 'I APPLICATION# DATE ISSUED MAP/PARCEL NO. -:ADDRESS VILLAGE ti -OWNER DATE OF INSPECTION: 'a :a FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL_: ROUGH FINAL PLUMBING: . ROUGH FINAL y. GAS: ROUGH FINAL �i FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. S , The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 s www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/OrganizELdon/Individual): 1�0j�V ConS-Fr(,tC �10/l� Address: ;21 opts Vol y e, City/State/Zip: 04iS(ANG), Ma O aS'f a- Phone.#: 6o S-Q5q-®S_31. Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. I am a general contractor and I 6. ❑New construction employees(full and/or part-tim.e).* have hired the sub-contractors ..2.14 I am'a Bole proprietor or partner-' listed on the attached sheet. T. V Remodeling ship and have no employees These sub-contractors have g• ❑Demolition workingfor me in an capacity. employees and have workers' y p ty• $ 9. ❑Building addition [No workers'-comp.-insurance comp. insurance. 10. required.] 5. ❑ We are a corporation and its ❑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.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] *Any applicant.that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit 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 must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under th_e pains and penalties ofpertury that the info rrnation provided above is true and correct Signafore: �� Date: Phone#: Official use only. Do not write in this area,to be completed by city or town offtciaL City or Town: Permit/License# 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#: L Information and Instructions . Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint,enterprise,and including the legal representatives of a deceased employer,or the receiver or tiustee 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 work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary, supply sub-contiactor(s)name(s), address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies.(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the perniit/license number which vrill 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 maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to.thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations. 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE ; Fax# 617-727-7749 Revised 11-22-06 . www.mass.gav/dia re S c s z l�c�r C- s u b Ipliance Certificate must be on file. Itnent Specialist's License of Permission, ire a Building Permit BUT Registration Certificate of Appropriateness is needed DT REQUIRE BUILDING PERMITS. +� Massachusetts- Dcpai-hncnt of Puhlic >afetr Restricted to: 00 Board of Building- Re-tilations and standards 00- Unrestricted Construction Supervisor License 1G-1 2 Family homes License: CS 100099 Restricted to: 00 ROBERT FOLEY JR j Failure to possess a current edition of the Massachusetts State Building Code 21 OTIS VILLAGE r is cause for revocation of this license. OTIS ANG, MA 02542. »t Refer to: WWW.Mass.Gov/DPS v-,.G- _ y�� Expiration: 12/19/2011 C'ununi.ei mvi ,Tr#: 100099 (� ^p ec o� iUGaJ6ccc�[ufetf6 Board of Building Regulations and Standards License or registration valid for individul use only before the HOME IMPROVEMENT CONTRACTOR expiration date. If found return to: , Board of Building Regulations and Standards Registration:,162317 .:, One Ashburton Place Rm 1301 Expiration:,--.2,,/17/2011 Tr# 280552 Boston,Ma.02108 ,Type :DBA J., FOLEY CONSTRUCTION ROBERT FOLEY JR 21 OTIS VILLAGE ! _,_ - . ANG MA 02542 Administrator Not valid•without signature I OTIS _.. ._. r - sTo�ti Town of Barn-stable Regulatory Services . BARNSrABM MA&q, �, Thomas F.Geiler,Director En lk Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Properly Owner Must Complete and Sign This Section If Using A Builder I, mb k 1 �,( U D , as Owner of the subject property hereby authorize !R oL ev-y j''—o):q to act on my behalf, in all matters relative to work authorized by this building permit application for: 7 a, a 1"� ST-i (Address of job) k Jr (e-G '1 Signature �Uwner Date n r Print Name If Property Owner is applying for permit please complete.the Homeowners License Exemption Form on the reverse side. Q:FORMS:O WNERPERMISSION y��yoF't H�E t • Town of Barnstable Regulatory Services Thomas F.Geiler,Director rruas 059. ,0�' Building Division PffD �A Tom Perry,Building Commissioner 200 Maii.Street,_,Hyannis,MA.02601 www.town.barnstable.ma.us Office: 509-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Pint DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided thaf the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner, Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that_be/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION .The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section I D9.1.1 -Licensing of construction Supervisors);provided that if the homeowner.engages a parson(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exerrrption an unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness bftcn'results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a.form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homcexempt ._0 C4 rA Ae 1. 19 r < , fro a Q. VU cloo i i ( bulk « .F mi 0. WIN 57 i., x 3 7- t� 11 1 TOWN OF BARNSTABLE ,u- SIGN PERMIT PARCEL ID 249 162 GEOBASE ID 15915 ADDRESS 725 WEST MAIN STREET PHONE Hyannis - ZIP - LOT 8 BLOCK LOT SIZE IDBA DEVELOPMENT DISTRICT HY ( PERMIT 13250 DESCRIPTION RAYMOND HILL (D.M.D. ) DENTIST PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services � TOTAL FEES: $25.00 BOND $.00" CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE * 1ARNSTABLFti # Q MASS. i639. OWNER HILL, RAYMOND ADDRESS 725 W MAIN ST FO M1�►I HYANNIS MA PUILDING DIVISIONA" BY DATE ISSUED 02/12/1996 EXR-.�RATION DATE 02/05/1996 09: 26 1'-508-790-6230 BARNSTABLE BLDG,DIV PAGE 02 .rifte '1 own or iiarnStame mod ao. i # Department of Health, Safety and Enm►ironmental Services Herding Division 9G ' 367 Main Street,Hymds MA 02601 Application for Sign Permit Applicant: Assessor's no. Doing Business As:_ � _ v_�_ `�S Telephone --I — �S 9 Sign Location L + &6e-droad: is�f,�(1 �— 2 rme+r, 6 Zoning District Old King's Highway District? Yes no-4/ Property Owner Nacrre: � � � Telephone Address: Village s Sign Con or , Nance: A\� am CfL!O Nix Telephone_ Sz 2 k _ 3I Address: cq�5 j Vilage Description Diagr= or lot showing locour;n ofb••} dings �^d wdst±f±g si�►R wi±h dim!aelL ions.- locatio__n and size of the new si to be drawn on the reverse side of this application. Is the sign to be electrified? yes no—,.\L (Note: if yes,'a.wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is-conrw and that,the use and construction shall conform to the provisions of Section 4-3 of the Town of$arnstable Zoning Ordinances. ;4&2 Date SignAut c of OwnedAuthorized Agent Size (sq. ft.) Permit Fee_ & 1 I F�K Town of Barnstable BARINS ;�,;=";_�: M A S S. Zoning Board of Appeals special Permit '93 FEB 22 P2 :53 Decision and Notice Appeal No. 1993-04 Summary Granted with Conditions Appeal No. 1993-04 Applicant: John Cahalane Address: 1600 Falmouth Road, Centerville, .MA 02632 Owner: Hyannis_ commercial Corp. Property Address: r725 West Main Street, Hyannis, MA 02601.J Assessors Map/Parcel: 249/154:3 Zoning: HB: Highway Business and RB: Residential B District Zoning overlay District: GP - Groundwater Protection Applicants Request: special Permit - Section 3-3.6(3) (A) Conditional use (Restaurant) Activity Request: Reuse of an existing 4,992 sq.ft. vacant building as a 120 seat restaurant Procedural Provisions: Section 5-3.3 Special Permit Provisions. Background: This decision concerns the petition submitted by John Cahalane who is seeking a special Permit to reuse an existing 4,992 sq.ft. vacant building as a 120 seat restaurant, The China Lantern Restaurant. The building is located at 725 West Main street, Hyannis, MA in a HB, Highway Business Zoning District. The 0.99 acre lot is zoned HB for a depth of 200 feet from West Main Street. The back portion is zoned Residential B District. The site Plan (SP No. 27-92) for the development was approved with conditions on November 19, 1992. That condition requires that "Planting be done along the northeast property line to prevent parking encroachment by donut shop customers." Procedural summary: The application was filed in the offices of the Town Clerk and at the Zoning Board of Appeals office on November 24, 1992. A public .hearing duly noticed under M.G.L. Chapter 40-A was opened on January 14, 1993, and continued to. .7anuary 28,. 1993 and February 11, 1993 at which time the hearing was closed and a decision was rendered by the Board. The petition was heard by Board Members: Eugene Burman, Elizabeth Nelsson, Dexter Bliss, Luke Lally and Acting Chairman, Gail Nightingale. Special Permit - Appeal No. 1993-04 Decision and Notice Attorney Charles sabatt represented the petitioner before the Board. At the meeting of January 14, he requested and the Board granted 'a continuance to January 28. At the January 28, 1993 continuance of this appeal, Attorney Sabatt discussed the history of the site and the applicants proposal for the building and site. The applicant has proposed a reuse of the site with a 120 seat restaurant and 50+ on-site parking. He described the surrounding neighborhood as being commercial with some multifamily in close proximity. The building and site was used in 1978 as a restaurant, then in 1983 as a stake house, and in 1987 it was converted to office use. Presently the building is vacant and the site has deteriorated from neglect. The proposed new use would operate from 11:00 am to 12:00 pm on week days and from 11:00am, to 1:00 am on weekends. The restaurant would employe a maximum of 7 persons at any one time. The public was invited to speak. An abutter, Mr. Daniel Scioletti spoke in opposition citing the nature of commercial activities. ending at 5:30, and that this use into the eveninghours would change g the character of the businesses. Cynthia Scioletti also spoke on the concern for the evening hours and the businesses proximity to the Barnstable High School. The Board asked several questions of the applicant. A concern developed over the site plan and the pavement extending beyond the 30 foot extension permitted in the zoning district. The Board also raised questions of fire safety and requested the applicant to seek the recommendations of the Hyannis. Fire Department. The Board continued the hearing until February 11, 1993. FINDING OF FACTSt Base upon the evidence submitted and the Testimony given at the public hearings on Appeal No 1993-04, The zoning Board of Appeals unanimously found: 1. Restaurant use is a Conditional Use permitted in the .HB, Highway Business Zoning District by a special Permit. 2. The building and site had previously been used as a restaurant. , 3. A Site Plan for the restaurant has been approved by site plan review. 4. The proposed use shall not be detrimental to the surrounding neighborhood. Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing-an action within twenty days after the decision has been filed in the office of the Town Clerk. Chairman "fbach�� Clerk of the Town of Barnstable, Barnstable County., Massusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this /6 {'� day of 1Y74,pC� 19 93 under the pains and penalties of perjury. Distribution: Property Owner t_ -1 Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals % Town of Barnstable Planning Department Special Permit Staff Report - Appeal No. 1993-04 Date: January 07 1993 To: Zoning Board of Appeals From: G t Traczy , Principal Planner Application Summary Appeal No. 1993-04 Applicant:pp John Cahalane Address: 1600 Falmouth Road, Centerville, MA 02632 Owner: Hyannis_Commercial-Corp.- Property Address: 725_West_Main_Street, -Hyannis, MA 02601 Assessors Map/Parcel: 249/154 Zoning: HB: Highway Business and RB: Residential B District Zoning Overlay District: GP - Groundwater Protection Applicants Request: Special Permit - Section 3-3.6(3) (A) Conditional Use (Restaurant) Activity Request: Reuse of an existing 4992 sq.ft. vacant building as a 120 seat restaurant Procedural Provisions: Section 5-3.3 special Permit Provisions. Background: According to the Assessors Records, the 4,992 sq.ft. one story structure was originally built in 1978 as an office building. It is located on West Main Street across from Barnstable High School. The 0.99 acre lot is zoned HB for a depth of 200 feet from West Main Street. The back portion is zoned Residential B. According to the site plan, the development has taken advantage of the additional 30, development provided for in Section 2-2.3 of the Zoning ordinance for such bisected lots. The site Plan (SP No. 27-92) was approved with conditions on November 19, 1992. That condition requires that "Planting be done along the northeast property line to prevent parking encroachment by donut shop customers." The signed site plan shows the location of four (4) new drainage catch basins and the two sheet set titled "Landscape Plans No. 921002" are the referenced planting plan conditioned in Site Plan Review. 1 Staff Report - Appeal No. 1993-04 Special Permit DEPARTMENT COMMENTS: Applicant s Standing: The applicant has cited that he is a "contingent lessee of the property" but has not submitted to the file any proof of standing for this property or proposal. The applicant should be prepared to submit to the Board proof of standing by providing a copy of a signed lease agreement (financial figures deleted) or an original signed letter from the present owner authorizing the applicant to proceed with this appeal. Parking: The applicant has submitted a plan for the layout of the restaurant titled "China Lantern Restaurant" showing the configuration of 120 seat in three rooms - Dining Rooms A and B, and a Lounge/Bar Area. The site plan presents a total of 50 on-site parking spaces. The restaurant's 120 seats will require 40 spaces. No information was supplied as to the projected number of employees which requires 1 space per 2 employees. The applicant should be prepared to address the number of employees, hours of operations, nature to operations (menu and bar items, take out orders, deliveries etc) . well Protection Overlay District: The site is located within a GP - Groundwater Protection overlay District (section 3-5.2 of the Zoning ordinance) . According to the site plan, 69% of the site is impervious. The 1978 site development predates the Groundwater Protection amendment to the ordinance. The applicant has proposed improved plantings and drainage. The applicant may be required to adhere to Title V of the State Environmental code and the Town of Barnstable General ordinance chapter III, Article XLVII Regulation of Wastewater Discharge. The applicant should provide assurances to the zoning Board of Appeals that all the requirements of the Board of Health are or will be met. SUGGESTED CONDITIONS: If the Board should find to grant this request for a special Permit, it may want to consider the following: 1. The need for limiting the seating capacity to 120 seats and the number of maximum employees on site at any one time. 2. Requiring the applicant to submit to the Zoning Board of Appeal office a copy of the Health Department approval that the proposed use is in compliance with all of the Board of Health requirements prior to implementing this special Permit. 2 Staff Report - Appeal No. 1993-04 Special Permit 3. Require that the site be improved as per the approved site plan titled "Site Plan of Land located in Barnstable, Hyannis Mass prepared for China Lantern Restaurant". 4. The requirements of Site Plan Review that planting be done along the northeast property line as shows on the planting plan titled "Landscape Plans No. 9210021-. cc: Thomas McKean, Health Agent Tom Geiler, Licensing Agent Joseph DaLuz, Building Inspector 3 Town of USA istable : .J . Zoning Board of Appeals Special er 22 P2 .53 Decision and Notice Appeal No. 1993-04 Summary Granted with Conditions Appeal No. 1993-04 Applicant: John Cahalane Address: 1600 Falmouth Road, Centerville, MA 02632 Owner: Hyannis Commercial Corp. Property Address: C.725-West Main Street, -Hyannii,.;Mk 02601> Assessors Map/Parcel: �249%154 Zoning: HB: Highway Business and RB: Residential B District Zoning Overlay District: GP - Groundwater Protection Applicants Request: Special Permit - Section 3-3.6(3) (A) Conditional Use (Restaurant) Activity Request: Reuse of an existing 4,992 sq.ft. vacant building as a 120 seat restaurant Procedural Provisions: Section 5-3.3 Special Permit Provisions. Background: This decision concerns the petition submitted by John Cahalane who is seeking a special Permit to reuse an existing 4,992 sq.ft. vacant building as a 120 seat restaurant, The China Lantern Restaurant. The building is located at 725 West Main Street, Hyannis, MA in a HB, Highway Business Zoning District. The 0.99 acre lot is zoned HB for a depth of 200 feet from West Main Street. The back portion is zoned Residential B District. The Site Plan (SP No. 27-92) for the development was approved with conditions on November 19, 1992. That condition requires that "Planting be done along the northeast property line to prevent parking encroachment by donut shop customers." Procedural Summary: The application was filed in the offices of the Town Clerk and at the Zoning Board of Appeals office on November 24, 1992. A public hearing duly noticed under M.G.L. Chapter 40-A was opened on January 14, 1993, and continued to January 28, 1993 and February 11, 1993 at which time the hearing was closed and a decision was rendered by the Board. The petition was heard by Board Members: Eugene Burman, Elizabeth Nelsson, Dexter Bliss, Luke Lally and Acting Chairman, Gail Nightingale. Special Permit - Appeal No. 1993-04 Decision and Notice Attorney Charles Sabatt represented the petitioner before the Board. At the meeting of January 14, he requested and the Board granted a continuance to January 28. At the January 28, 1993 continuance of this appeal, Attorney Sabatt discussed the history of the site and the applicants proposal for the building and site. The applicant has proposed a reuse of the site with a 120 seat restaurant and 50+ on-site parking. He described the surrounding neighborhood as being commercial with some multifamily in close proximity. The building and site was used in 1978 as a restaurant, then in 1983 as a stake house, and in 1987 it was converted to office use. Presently the building is vacant and the site has deteriorated from neglect. The proposed new use would operate from 11:00 am to 12:00 pm on week days and from 11:00am to 1:00 am on weekends. The restaurant would employe a maximum of 7 persons at any one time. The public was invited to speak. An abutter, Mr. Daniel Scioletti spoke in opposition citing the nature of commercial activities ending at 5:30 and that this use, into the evening hours, would change the character of the businesses. Cynthia Scioletti also spoke on the concern for the evening hours and the businesses proximity to the Barnstable High School. The Board asked several questions of the applicant. A concern developed over the site plan and the pavement extending beyond the 30 foot extension permitted in the zoning district. The Board also raised questions of fire safety and requested the applicant to seek the recommendations of the Hyannis Fire Department. The Board continued the hearing until February 11, 1993. FINDING OF FACTS: Base upon the evidence submitted and the Testimony given at the public hearings on Appeal No 1993-04, The Zoning Board of Appeals unanimously found: 1. Restaurant use is a Conditional Use permitted in the HB, Highway Business Zoning District by a Special Permit. 2. The building and site had previously been used as a restaurant. 3. A Site Plan for the restaurant has been approved by site plan review. 4. The proposed use shall not be detrimental to the surrounding neighborhood. Special Permit - Appeal No. 1993-04 Decision and Notice Conclusion: Accordingly, based upon the findings, a motion was duly made and seconded that Appeal No. 1993-04 for a Special Permit for a restaurant be granted subject to the following conditions: 1. The restaurant is to be developed as per plans submitted and the seating capacity shall not exceed 120 seats. 2. The applicant shall satisfy all of the Hyannis Fire Department concerns. 3. The posts, located along Pine street shall be replaced with a substantial and attractive fence. 4. The proposed vegetated buffer on Pine Street shall be extended along Pine Street for the length of the property. The vegetated buffer shall have a depth of at minimum 20 feet. S. An attractive fence is to be placed at the 30 foot extension of the HB Zoning District line as it abuts into the residential district. 6. Parking spaces (those located in the vicinity numbs nd 40) are to be eliminated as needed to allow for turnip radius nd movements to access the parking and deliveries to t of the building. 7. The hours of operation shall be from 11:OOam to llpm on weekdays and 11:OOam to 1:OOam on weekends. The vote was as follows: Aye: Eugene Burman, Elizabeth Nelsson, Dexter Bliss, Luke Lally and Acting Chairman, Gail Nightingale Nay: None Order: Appeal No. 1993-04 for a Special Permit to operate a restaurant has been granted with Conditions. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Assessor's map and lot number ..... ........`. ....... -... ... P uF THE toffy Sewage Permit number ........................................`- L..J..t d R BAHB9TODLE, i Houle number .................. 9A..:. .........................................., TOWN OF BARNSTABLE BUILDING INSPECTOR . � APPLICATION FOR PERMIT TO .. ':rr:' :......................................................................................... TYPE OF CONSTRUCTION. .... .. ................................................ ...................... U A fit( TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ......1.d.. ............. 1�C1,.. ......:.lA.. ': ` t�l ................:.......... .V. ..... .................. ................................... ProposedUse .... ...9.9.. ....................:........................................................................... Zoning District .................-. ...........................I........................lire District . yy v Name of Owner ............................... �.:., ... .. ..........Address .�� 3 f�/.x.a.... /?Z Name of Builder�.....�.... 9 ?..` .............Address ......................C,c,c, ....... Name of Architect 4................... ...................................Address ........................ .... Numberof Rooms ..... ..................................................Foundation ....................... ......................... Exterior Roofing .;,:..... ........ai ............................. Floors ....... �.. . ..r Interior .................. Heating ! - _.:...:.;,..LGt-E' ............Plum bing :�-:�' Fireplace ...................F.,. : .........................................................Approximate. Cost ............... I �i,•....1........................ Definitive Plan Approved by Planning Board -----------_-------------------19________. Area Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 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 construction. Name ... Y aj lNf ( r ............................ ' Construction Supervisors License �` `�.................................... REIF, RONALD A=249-162 No ...2.�.271..: Permit for .Remodel Interior *;W. . ................... Commercial Building ............................................................... Location ....725 West..Main..Street................. .. ......... ............. .. ..................HXaruiis............................................. Owner .....Ronald Reif.... ...................................... Type of Construction ...Frame............................ ............................................................................... Plot ............................ Lot ................................ Permit Granted ......November 28, 19 84 Date of Inspection ....................................19 Date Completed ......................................19 I. .1 -/-/q -/� -.?-If- 17 I sTNE MUST CONNECT TO TOWN SEWER TOWN OF BARNSTABLE BUILDING iNSPECTOR ' A ' APPLICATION FOR PERMIT TO ---.--.. TYPE OF CONSTRUCTION -- ------------.---.--------. U ' —� . ......i'�� ..........lv�—.. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for n6 information- ............ Location. --°_' ~ ._ -.�_--=_.----------------------------.. � Proposed Use —.��'��~��&��!��--------.--------------------------------.. / Zoning District ' — ---Rva District --------------------' . ' -�-�r ` Nome of �Y��"�� K~� ---.Addemx —.��.=..��.,��Y—.�.�.��.^�—~..� Nome of Builder ~----.A66nsu .........��`~ Nome of Architect .....................��?...................................Address ................... .................................................... Number of Rooms --��-------------------Foun6otion . -------- / Exie,ior — .Roofing . . .......................... Floors --l��' T —.]meho, ---------------------------- Heo`ng — ' ---..�um6 ng ---------.. ~ ~~ Fireplace ------�N��-----------------'Approximate Cost ...............^��-�� Definitive Plan Approved by Planning 8uovJ lQ----. Area �/_ '\-�w�'. Lot Diagram of � and Building with Dimensions Fee ........... _��_________ SUBJECT TO APPROVAL OF BOARD OF HEALTH ' ^ OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS | hereby og,on to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name J....K6�� --------../, m/ �� Construction Supervisor's License ��—�'��---. �� {� -RELF, RONALD OR No .... .... Permit for ........................REMDEL I .......... EMDELI.� I ..... COMA ..... ....... ....... ................ Location .7.2.5..West..Main..S . .................. Hyannis ................................................ '�" ~, �. , , - + Owner ....Ronald Reif .............................................................. Frame Type of Construction .......................................... ............................................................................... Plot ............................ Lot ................................ November 28 84 Permit�-Grantecl ............................... 119 Date of, Inspection ............................... .....119 / .c-- 4-, , _,;- :i ,'.,Date 'Completed dim!`.................:11.....19 81�5 L P2 Assessor s map bndi lot number.......�. . ..r.. 7. Sewage Permit number t, .0� eW MARNSTIBLE .A-House number .....�......�...:�:.:{5............................... s r;;ts� ,,,. �, �' 90 Maas � 1639. \00 TOWN-` O .,{,-B A RX-` T A, FF. AU lt IYI N G INSPECTOR ,'rr ► `t ' APPLICTION FOR PERMIT TO � O C<-,; t..P............V YE-- F CONSTRUCTION CH9a ,\. . ........... ... . ...... . ................ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following ii/nformation: Location ....�.�.............?.................�E`s.r..../t'(.f..l;(/.... ................ ........ ................................... ProposedUse 122 z .................................................................................................................. ., Zoning District ........................................................................Fire District Crt 'IJN�s ......................................................................... Name of Owner ...............................�*.1.......:..........................Address ... ................... Name of Builder ......C....p.............:.:.. Address ....................... Name of Architect YT ,�r .( .) t"t F_A.rz .j....................Address � ...!!! /U/: / .. !!{f{ .�................... } Number of Rooms , Foundation .....a'..... TF�. .......... ... Exierior e6_ � ...Roofing /�G� ..................................................................... .............. ...................................................................... Floors o,Prc - .Interior 1'¢G ........................................................ Heating g�T L�12 /�� ......................Plumbin ........�a?�...�.a..<.t .:�;�'................................................ - Fireplace ...U.0.....................................................:................Approximate Cost ... C)aR.. Definitive Plan Approved by Planning Board ________________________________19________. Area ��. 1°Z.....5' ........... f, y ' Diagram of Lot and Building with Dimensions Fee . .................. .......................... SUBJECT TO APPROVAL OF BOARD OF HEALTH Y` 9 �� (q b g�b r3 I hereby agree to conform'to all the Rules and Regulations of the Town of Barnstable regarding the above construction. ......-�-� IName ........... ............................................................. Reif, Ronald, A=249-162 2��:�5.3 ..dental office No ........ Permit for .................................. ........................... .................. ...................I........... ,7, 25 West Main Street Cly, 'tea ys Location ..................................................:1............. ' .......................:qHyannis...................................................... Owner ..........lRonald Reif ................... /-7 -ons ruction ....masonry ................ I.Type o f Construction .. ........ ...; ...................... ...................................... ................. ItPlot ............ .............. to .............. September 18 79 / � - ,Jj- Permit Granled ............ ...........................9 -9111 -- Date of Injection ........ Date Completed ............................. ......19 PERMIT REFUSED .................... ..................w........................ 19 . ... ..1.. ... .............. . .. ..............I ................. ................... .......................................................... .................... ......................................................... -,�G E�U3\�) V Approved ................................................ 19 coo ................ ti (71 11-2 ............... I.-........I.................................................. TOWN OF.. Permit No.BARNSTABLE 21653 I---------- --- n Building Inspector Cash —� y OWL .. r' ' OCCUPANCY PERMtT Bond No building nor structure shall be erected, and no land, building or structure shall be used for a new, different, changed, or enlarged •use•without a Building Permit therefor first having been obtained from the Building Inspector. No building shall be occupied until a certificate of occupancy.has been issued by the Building Inspector." Issued to Ronald Reif. Address 725. Wes,-t: maj.»:• St•»reett Hmaiin i.I Wiring Inspector` finspection date�r �'f7 r P_lumbing Inspector :h " 1 �. Inspection date Gas Inspector. {".f' /': Inspection date r/'Engmeerin De artment cr l / Inspection.date �. :THIS PERMIT WdLL NOT BE 9ALID, AND THE°BUILDING.. SHALL NOT; BE OCCUPIED UNTIL.' SIGNED 'BY=.THE BUILDING'IN$P.ECTOlt UPON :SATISFACTORY ;COMPLIANCE. .WITH TOWN','' REQUIREMENTS i c:- 1 ,.19 _ �Buildmg�Inspector Assessor's ma and lot number > --fd 7 sTHE Sewage Permit number .. G.. lJ �M MU � y� ..... ...... r �N� STABLE, i House number ..... ..... ...cz�. ........................................... o rhea ci Vp�ls.a TM 5 p i63q. ate a t1 �Q TOWN OF BARN► ��` CODEA LATIONS f (,q BUILDING INSPECTOR APPLICATION FOR PERMIT TO �G T �/�L �1 GEC....................................................................... ....... TYPE OF CONSTRUCTION �Nc2� i ....1 r! ............... TO THE INSPECTOR OF BUILDINGS: „ The undersigned hereby applies for a permit according to the following information: Location ............................................................................................T...........J��.!4�.�C.'1.�...........:.................................... ProposedUse '` ..................................................................................... Zoning District .............................Fire District ... Name of Owner ®��b-.0......66 .:..Address ��Z.--e ALLlAe4t l s.' Name of Builder yll.. �� !c1ST1�i .W.Od....Address Y!26.... S�l//..�G�........................ .Name of Architect k�r, .. ...AcA,--?.tj....................Address �.l..... N Number of Rooms ...... ...........................................................Foundation Exterior ....................................................Roofing .146PR A .................................................... Floors ! �i... ... .....................................................................Interior .. ! .................................................... /� r �-�Cl� .q1 q G! �' ..Plumbin i&Heating ................................. ..y........... ......................... g ................... ..R. .;;:.....,.........................................: Fireplace Qb ....Approximate Cost �`5id.d�!........... . ........................................ Definitive Plan Approved by Planning Board -------------------_-----------19--------. Area ................... Diagram of Lot and Building with Dimensions Fee . ................ SUBJECT TO APPROVAL OF BOARD OF HEALTH l l � Y� ......... ........... Q' 3E, -L4 & b� I 0� I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ....... .. ............................................. Reif Ronald F-*No A�.... Permit for .....dental office ............................... ................................................................................ Lbcafion .......725 West Main Street, ......................................................... ........................HYAnnis........................................ Owner .........Ronald Reif .......................................................... Type of Con struction ................r4P.LPj;=Y........... .............................................:............. ................... 4F Plot ............................ Lot, ................................ Permit Granted ...::7-September 18.....19 79 ......................... Date of Inspection.,........................... Date Completed .......................................19 rWRMIT REFUSED ......... ....... .........................:...... 119 C� 0 . .......................................... Fi ........... ......................................... . .......... ................................... ......... ........... . ....................... ................... M 2 Arovl M....... ..................................... 19 ............................................................................... 4....... .. ......... ......... ........... 4OX Y CIIIH" t LA13 I RL41 MEN r r F - _ RUSH N - r ECK I P -- I� Q m .-0 fji�1 ( 1 o EXAM e• —j o - CAL PJ iON j 1 . WAITING S� T } ` CP y qf✓ �"d G L.