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1495 FALMOUTH ROAD/RTE 28
M ,kf.M,' NtMln, -.1 —I �ij ®r j 3 It CEO' Al! t0',P, Wfr4 %ph 41. 1 m 0110, 'Ne 1 N!Ak 'l-,qkw w P&, yff okek ru 2t IA F-0 V.70% d ," 1'— 74 111-, FM 740 AN F,% IM r�jj "I V1111,;r, 4y, Ix" -mild, 1� 9: j1d, 41 "tie .0 'W"i D1 lk W.C� V219iffA typ 6T it iNO` TL" 1,11,1,717 91 7 ,zin, kl,.;A ww-.4,, *4 vp SA tta q 0 TR i-MUM" '� # Ai ,Ar,,J� �ip AP It �951 g�zu Ix , PA 0 4 �If. -3 'Ad TI, % jy 14 61z,4 I OAT 's� I tit I'-%, , ��,g R,% 14", , ��j ;J�r 0' "' ,-v, bm -69, P4W -ttj, A 11� fkart, 'lot, I A. �,tZ, y 4, 60 )wj iip®rl Al� N't 0 tv"i j�, C" N� 4�a` f 41f 4 11 1114 01 1xv j&P r, 41-6 1 Mpr, A4 "'I v, "MwOr 't 4i 4 it ,qTol, j A Tf ,�q "Nit lift Fit. 7A I 3f r V!pi..-A AMU, 'k E, Apt, I IPA *'V "tM 4A`M' 1� 0 A A v. 1 AT "jai, 1wr W4, r 'A4n$:,v,,.o,, POP Op" , � N4C I vvv �4 Wow, NMI ,f.w VA .141,11 % off'. .YJ ;q,V o4i� 1"it, 9, A:'N il 1, 0-) Av, .,4 �i� - WJ�-I; k -1.11; ": , 71� yr KQ_ A- W 41 t y -JI'v TAX 4,47,7!` 1 fit" All 3, W, ry 41 I 1,iA T1. Is 'to J- ,7t, . 'If 4.wwv M Fill, _x Awl 'p"k RUM T1 -11 17 IMP 5gypy N 04,111WJW� IT I'V V, lk NI foe*, '0 M, pit 7 4 P11 �A0 �,A.1 WIT v, SIX Top I Rz imp k Z All, oy _0 FRI SAW rip �Aq '0 KIP J ., "M 44 W.Tlu TAN X"f vqQ jKv Al Q at 5, 10 g It li� "la W4, 71 ii �75 X 41 ,k.1 IN" T's gl� AM !Filll �QW qip 3, Ile 14, MW 41;�g I I . fly R, Wl� Z 7 P 'p 4 n !rie!!I ffi,4 n� n w1wils MW 7 "A.17, "I `iiq NEW ine ) 1. A. 01 t 3A TO I.1V YNX141", lit, A, M-A. lit J.L, 'Il 19"! 44 % Fir Fwv" IV A 0I � m 'bf 44 I fA MC-Af, 114 oil, lip, 'p 'qk X-4 A", �N-.m� p$ Mom- 2: won 1.,-. 1,19 2 Kip WIN till; v "9 j Now, f,Y -'Y � � � __...-- +�.. ..-.�-..... ..� ...+... .-_�.z....vn.. 'r• .�i.ss�+"'at':^^d.asa�. v�.�--?J�^'4."�ir^4'' r.'�'. IY. a 291.56 I 1 it BOOK 6 7 6 9 PaGE 181 ' R c Z. T0'1:A Ci kRK RECORD IN REGISTRY OF DEEDS D' ` 'ASS• 1 IN COMPLIANCE WITH SEC:II OF TOWN OF BARNSTABLE ' _�� :• � CHAPTER 40A,M.G.L. h'1Y 16 P1 23 ' � '; ZONING 80ARD OF APPEALS i 2� SPECIAL PERMIT P DECISION. AND NOTICE f Jt APPEAL NUMBERe 1989-05/06 PETITIONERt JOHN J PENDERGAST, JR., (S.J.PENDERGAST 0� TRUST) At a regularly scheduled hearing, held on January 19, 1989,AMcontinued' to March 2, 1989, and continued to March 23, 1989• notice of which: was forwarded to all interested parties I 'S is I I, pursuant to Chapter 40A of the General Laws of the ( t Commonwealth of Massachusetts, the petitioner, John J. �; e ' 7 Pendergast, Jr., through his attorney Philip Boudreau, ` petitioned the Zoning Board of Appeals to grant a Special Permit to allow the expansion of a pre-existing, non- r . _ conforming structure and use found on assessor's map 209, ; lot 81, and located at 1489-95 Falmouth Road (Route 28) in ;<j r, the Town of Barnstable, in a Highway Business zoning a+�' district. The existing structure is currently occupied by a retail liquor store and a real estate/insurance office. The 2,a% petitioner requested the Board to grant a Special Permit to r� allow the construction of a 3750 square foot partial second I story to be constructed above the existing one story, 4720 square foot structure. The proposed addition would result In a j a structure with 8470 total square feet, or an Increase of 79 percent The petitioner is seeking this expansion solely for the purpose of providing the existing tenants with m ' additional space. The petitioner requested relief from the '• following sections of the zoning bylaw: I''l K 1 1 Section 4-4.2 Expansion of a Nonconformino Use. to allow the construction of a second story= 2 Section 4-2.8 Reduction of Requirements/When_ Applicable, to reduce the number of parking spacesl } 3 Section 3-3.6(6) to allow relief from the requirement %� ' that a 10 foot wide green strip along the abutting � ' roadways-be provided. t Aim FINDINGS OF FACT&I F Based upon the information submitted, the Board made the a� following findings of facts s a 2 'iF i G. i i 1 J J '` J ^.�'l^',.-.�YF✓.f10.. !'...�.. ^,:�^.ti!. ...: . ..y:.�-._'T'.,.r+.�._�..wer�'�'-_., �b ��j:: "...-..ti.-.raw • ..�..' • __ -..-. _��.�-.i_..�..r -. �_�.i._� { +�µ�`_. BOOK 6769PAGE 182 I The proposed expansion would be above the existing .. , footprint of the building and there would be no further � •;��_; expansion of the footprint; is 2 there is no intended Increase in the number of tenants in the building; 3 the project will not significantly increase traffics f; 4 the triangular lot Is somewhat unique in shape for the zoning district Involved and is bounded by two roadsi 5 the project as proposed would not be detrimental to the surrounding neighborhoods 6 the petitioner does not need to apply for a variance _ I P` from Section 3-3.6 because the use involves a pre- ' F existing non-conforming structure. ^ DECISION: Based upon the information submitted and the findings of � V fact, at a meeting held on March 2, 1989 and on March 23. ¢ 1989, by a motion duly made and seconded, the Zoning Board , y` of Appeals voted to grant a Special Permit with the following conditions: ..s 1 The addition shall be constructed according to the Grading and Utility Plan dated ;0/19/86 and the Subsurface Sewage 01sposal Plan dated 10/21/88. Parking for twenty-nine vehicles shall be provided as shown on a Parking Plan dated 10/19/881 however, only the twenty-nine parking spaces lying entirely within the petitioner's property boundary line shall be allowed. The twelve parking spaces lying wholly or partially outside the petitioner's property line shall not be ,, x , allowed. �. �s 2 No more than three tenants shall be allowed 1n the building except that the petitioner's daughter, Danette g Atsails, be allowed to establish a fourth tenancy, but that such tenancy shall expire upon termination of her :_. occupancysr5 .: c 3 the size of the building shall not be increased; � •,. 4 the petitioner shall construct a fence along the x4 . northern property boundary to prevent parking within the bicycle path, and plantings, such as climbing . { vines, shall be provided to vegetate the fences lam' 5 the petitioner shall close off the easterly openingY (curb cut) along Route 28 and continue the grass strip (shown in green) as approved by the Site Plan Review Committee on site plan # 01-89. The vote was as follows: AYES: WfRTANEN. HORTON, BLISS. JANSSON NAYES: NONEVTA RifWl- . � 3 z�, Efi.r� :e.•lwX.: �' tM �� ...._ .4. _ .... �.._.. ...�_�".�--,ram.-.._�.__.__.._._. ..�.�_ ... . _ ...._-...._.... .�,_.�.�..• .� " (,.. BOOK 6 7 6 9 PAGE 183 +`+ i Any person aggr l e— by this dec l s l on may appeal.to the !. }" Barnstable Superior Court, as described In Section 17 of ~9 " r Chapter 40A of the General laws nf the Commonwealth of Massachusetts by filing a complaint In said Court as well as notice of action with the Barnstable Town Clerk, within J! twenty (20) days after the filing of this decision In the I office of the Town Clerk. ez Chairman, Cy �•• Zoning Board of Appeals Town of Barnstable ; 1, Clerk of the Town of Barnstable,'tarnstablA County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision In the above entItle�_ktitlon,., and that no appeal of sold decision has been-fifli^ In tie`>. ; office of the Town Clerk. Signed and sealed this _Yday of 8 :f jund'e_t.�'' the pains of perjury. a Town Clerk o OISTRIBUTIONi '.:. Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals f ty I � y • Ss• �i �rP rp y' .. -�_1��.... �.—.. ...��.,..���y.�y.�.�--..ram feir•.6;... :/L'.,..�-r;Rom' Zr—•tt._ _ ..••.+T-.-R•-...r.�^sn• .. •-. ....��a_...�.....r-.�.-mow. r+-..-�..�L — — � ._.J-� _ • • BOOK V 7 V y PAGE 18 PARTIES OF INTEREST APPEAL NO. 1989-05 b 06 >, JOHN J PENDERGAST, JR Trustee of S.J. Pendergast Trust of -1975 '' MEETING OF JANUARY 19, 1989 s'- Barbara Swenson RFD Al PO Box 1790, Phillips, ME William & Edith Skinner 8 Sachem Dr, Centerville, MA James b Katalin Parkas Sachem Dr., Centerville, MA Y{ Joseph i Bertha Easton P.O. Box 75, Holbrook, MA y _ Stanley Tucholski 32 Burnham St. Terryville, CT 1. Thomas & Meg .Lynch 123 Phinneys Lane, Centerville, Ma ` Elna Nelson 205 Old Post Rd, Centerville, Ma Mass society to Prevent Cruelty to Animals Route 28, Centerville, MA e� s L & E H Levine P O Box 943, Dennis, Ma Stanley Nowak Tre a� Center Place Trust 597 Bay Lane, Centerville, Ma I richardson Road Associates - Bmai Fi.necial Corp 7316 Wisconsin Ave, Ste 208, Bethesda,MD } Mona Fink 1498 Falmouth Rd, Centerville, MA John A Baldasaro & Edward J ` Marchado J b E Realty Trust 1480 Falmouth Rd', Centerville, MA C K Smith b Co Inc 99 Crescent St, Worcester, MA ,_ Sandwich Planning Board Yarmouth Planning Board ---- BatnwabN ndpm+nd:edM+Kh adIt MW Mashpee Planning Board Zanlnt Bard of App"k 2W.La 11,14119A3 FaYeoah BOA i .. Hotke•.T Publk Hertel Rowe 22.Cantarcille b a►ithray o- Undo t.hlrst BY—LA." business amint district M.eOalofJ-0-719,t9t9 A PUBLIC HEARINGWILBEHELD To aB pcnms deemed nn,erested of ON TIS PETtTI06N AT 900 i V ./[atcdby the Bo.rdo(Appc all,under Appeal 3,e,11 of Chap ZA of Gerned LJ.ra IuM 1.Pendcr{ut,Jr.Trustee of SJ.' 6 - of the com"VoP. 111,e11V1a7YCDOM. Perdcr{a,t Trust o(1973,has eppealed! and.B amendmeme tlweto.you are to the rnnint bond of appeals hereby noti[icd that: petitnma fa a specie)--it under • -i*j• `" y.-r Appeal No.193690 7:70ps , +colon d, to reduce the rrq lim. .-.� i Rem.ndfran SUPc6WCo+utforfunher parkintand+pccial pc:ma,udcructim _ wn,identian e(.Iylic.,i—.1996-90. 1-t.2 to tatmd a rsan-codJ int South Cape Incorpae tcd,to alloy tM umourc end use at MeP 209.La 31, plaintiff the c"p nnurty to Pcsent the , 1489.95 Falmouth Road, Route 29, Board with substitute m PL for Property Ceaerrille in a highway Mssinessrminl _ u M.p 9.La 1.Rwa 23.Ca L m m district. RF ronint district HELD PUBLIC HEARING WILL BE r .K A PUBLIC]IEARLNGWILLBE HELD HELD ON THIS YE'ITIlON AT 3:13 ON THIS PEMON AT 7:30 P.M. P.N. ".. App,at N.1999.04 7:13/.a•f TI ILSE I!EARINGS WILL BE IIELD Carmcn A Dame Elio here appealed a I L,TI IE SECON D FLOOR I LEARINO '+'ss s •" r decium of tk buildin{inspector sod I ROO\L NEW TOWN HALL. 367 _ MAIN STRF.F-T. 11YANNI3 ON .€• ;+'..' paitim fa cn(orcmcm anion.t Map -y 90, last 5. 923 Sc kv Aeenw.. TIIURSDAY EVENING IANUARY . Ostenille N m RF.1 xanint dwrxe 19.1989 s.. ".? .. APUBLICIIEARINGWILLBF-IIELD, YOUARELNVITEDTOBEPRESGN'T . By order e(the - st•4 ON THIS PETITION AT 7J3 P.M. Zonin{Bw,d of A Appeal Na 1999-OS t:00 pant. PPc' )oM J.Perderp+t,Jr.Trustee of SJ. Ron S.lannm,puim,w ✓, :, ,-yr� Ied 7—int Bwrd of Appeah �:1 ^+,:. ;{�+•_.: Pmdcqut Trust of 1973,has Yi`ca Ba—saw.P.tria W the+ueint bo.,d of en..Is and pniums for.rarintcc order 3.3.6(6) January 3 A II.1999 a{`.;;•, .It`VO�Y�O JUN 1 Z 89 to slimin rtca,cduu th<tcn foe{,te,t NIl1 s "fit- y fi e. yr Y r41 a D� h TOWN OF BARNSTABLE ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE APPEAL NUMBER: 1989-05/06 PETITIONER: JOHN J PENDERGAST, JR. , .(S.J .PENDERGAST TRUST) At a regularly scheduled hearing, held on January 19, 1989, continued to March 2, 1989, . and continued to March 23 , 1989, notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts, the petitioner, John J . Pendergast, Jr. , through his attorney Philip Boudreau, petitioned the Zoning Board of Appeals to grant a Special Permit to allow the expansion of a pre-existing, non- conforming structure and use found on - assessor's map 209, . lot 81 , and located at 1489-95 Falmouth Road (Route 28) in the Town of Barnstable, in a Highway Business zoning di-strict. The .existing structure is currently occupied by a retail liquor store and a real estate/insurance office. The petitioner requested the Board to grant a Special Permit to allow the construction of a 3750 square foot partial second story to be constructed above the existing one story, 4720 square foot structure. The proposed addition would ,result in a structure with 8470 total . square feet, or an increase of 79 percent The petitioner is seeking this expansion solely for the purpose of providing the existing tenants with additional space. The petitioner requested relief from the following sections of the zoning bylaw: I Section 4-4.2 Expansion of a Nonconforming Use, to allow the construction of a second story; 2 Section 4-2.8 Reduction of Requirements/When Applicable, to reduce the number of parking spaces; 3 Section 3-3 .6(6) to allow relief from the requirement that a 10 foot wide green strip along the abutting roadways be provided. FINDINGS OF FACT: ` Based upon the information submitted, the Board made the I following findings of fact : 1 a.> i 1 The proposed expansion would be above the existing footprint of the building and there would be no further expansion of the footprint; 2 there is no intended increase in the number of tenants in the building; 3 the project will not significantly increase traffic; 4 the triangular lot is somewhat unique in shape for the zoning district involved and is bounded by two roads; 5 the project as proposed would not be detrimental to the surrounding neighborhood; 6 the petitioner does not need to apply for a variance from Section 3-3.5 because the use involves . a pre- existing non-conforming structure. DECISION: Based upon the information submitted and the findings of fact, at a meeting held on March 2, 1989 and on March 23 , 1989, by a motion duly made and seconded, the Zoning Board of Appeals voted to grant a Special Permit with th'e following conditions : 1 The addition shall be constructed according to the Grading and Utility Plan dated 10/19/88 and the Subsurface Sewage Disposal Plan dated 10/21/88. Parking for twenty-nine vehicles shall be provided as shown on a Parking Plan dated 10/ 19/88; however, only the twenty-nine parking spaces lying entirely within the petitioner's property boundary line shall be allowed. The twelve parking spaces lying wholly or partially outside the petitioner's property line shall not be i allowed. 2 No more than three tenants shall be allowed in the building except that the petitioner's daughter, Danette . Atsalis, be allowed to establish a fourth tenancy,. but that such tenancy shall expire upon termination of her occupancy; 3 the size of the building shall not be increased; 4 the petitioner shall construct a fence along the northern property boundary to prevent parking within the bicycle path, and plantings, such as climbing vines , shall be provided to vegetate the fence; 5 the petitioner shall close off the easterly-opening (curb cut) along Route 28 and continue the grass strip (shown in green) as approved by the Site Plan Review Committee on site plan # 01-89. The vote was as follows : AYES: WIRTANEN, HORTON, BLISS, JANSSON NAYES: NONE • i. 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 filing a complaint in said Court as well as notice of action with the Barnstable Town Clerk , within twenty (20) days after the filing of this decision in the office of the Town Clerk. Chairman, Cy Zoning Board of Appeals Town of Barnstable 1 i LI , Clerk of the Town of Barnstable , Barnst County, Massachusetts , .hereby certify that twenty (20) da have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been f1led . in the office of the Town Clerk. Signed and sealed this ^2 ay of 19 P _under the pains of perjury. I � I Town Clerk DISTRIBUTION: i Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals Assessor's office(1st Floor): �/ I v �8) 87r--:-� � l r� DU / 4 �u��F'm' �3V 14v ,.r• I Q�OF THE Tp`� Assessor's map and lot number Board of Health(3rd floor): WITH TETLE ad� Sewage Permit number IVr f z) E MONMENTAL CCDMI /A,;fir, t Desa9T Engineering Department(3rd floor): �� , Q /9 TOWN REGULATIONS oo �639 t oCI / \ rrua House number �� Definitive Plan Approved by Planning oard 19T �o MR(a• APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00`2:00 P.M.only S/t1 TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO S. J. Pendergast Trust TYPE OF CONSTRUCTION Wood Frame - Alteration and addition to existing building i 19 TO THE INSPECTOR OF BUILDINGS: The undersig he by applies for a permit according to the following information: i Location / Falmouth Road, Centerville, MA Proposed Use Retail/Office Zoning District HB Fire District i Name of Owner S. J. Pendergast Trust Address 1491 Falmouth Road, Centerville, MA 02632. Name of Builder Silvia & Silvia Associates Address 619 Main Street, _C nt ryi 11 e, MA 02612 ,I Name of Architect Alger & Gunn Associates Address 396 Main Street, H ay nnis, MA 02601 , Number of Rooms Foundation Existing concrete walls/slab Exterior Cedar shingles/1" x 6" Cedar Roofing Heavy Duty Strip Shingles Floors Tile and Carpet Interior Sheetrock Heating Gas Plumbing 1st Floor - 2 toilets/2nd Floor 2 toilets Fireplace N/A Approximate Cost Arean !oor rAddition Diagram of Lot and Building with Dimensions Fee lee i — 3,,"i,78 — •G, t 3o Z M � �x►�i�GI o $ ,�90�1 ' z / e 0,11 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. l ' F Nam Construction Supervisor's License enJ 6 9 3 a? -- S. J. PENDERGAST TRUST .'E x No 33746 Permit For ALTERATIONS r, Commercial Building A� Location `1495 Falmouth Roach. Centerville S; Owner S. J. Pender ast :Tr�zst Type of Construction Frame / v; Plot r 4 Lot +I Permit�Granted'•„May 15, 19 90 'i Date of Inspection 19 J , , Date Completed 19 •� r1f kri i ♦} Meu�.crny' .. �• it r' ti• 1 y ca �4 (n + J. CA 0j-4 N .pJ t t A M. o.pww- • won yr 3,. _ r as ! _ -- O 8� V175 C7v72r7ev,,cGE OB p � �T �S'� �/9p/1ZOtG� (��tE72✓<G G� �� I �- �� i. _ '' ; _ �` �. � ��. _� 1` _ ■� . _ . , _ . ii ,y ._ y i..�� a if. .x, .. .4.". +'�, �.. •ti � / 1 � / � � 1 / -.TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel OFs plica ion # Health Division � `7a Conservation Division "Application Fee s� MTN Planning Dept. ermit Fee C-29 Lao . .�V Date Definitive Plan Approved by Planning Board UV- q ( �Ul ijo9 Historic - OKH _ Preservation / Hyannis / Project Street Address /i�G3vL/�Gc���i �!�• Village Owner V ��Mc�e�,g�sf> �XS Address ®G�'GX - - ' � �Telephone Permit Request �/�?(J�%y''�Gitr, �}C✓L✓i 7`/o�U �9Md ��-�`��� i'G�r� 7`a Square feet: 1 st floor: existing proposed 2nd floor: existing O proposed XJOYTotal new 4 V90 Zoning District //a Flood Plain C Groundwater Overlay Project Valuation 600J OUD Construction Type Iv� 9�1 Lot Size S, Grandfathered: ❑Yes kalVo If yes, attach supporting documentation. Dwelling Type: Single Family ❑ r Two Family ❑ Multi-Family (# units) Av e, Age of Existing Structure 70 Historic House: UYes ❑ No On Old King's Highway: ❑Yes ®<o 2 Basement Type: UFull Utrawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) O - Basement Unfinished Area (sq.ft) /�LG�t2g+/catii Number of Baths: Full: existing new ® Half: existing newer, 3 Number of Bedrooms: existing —new Total Room Count (not including baths): existing �o new First Floor Room Count & Heat Type and Fuel: was ❑ Oil ❑ Electric ❑ Other Central Air: O'S'es ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes 421'No etached garage: ❑ existing Ll new size—Pool: ❑ existing ❑ new size _ Barn: ❑existing ❑:new Sze_ A- 4 ttached garage: ❑exi ting ❑ new size _Shed: ❑ existing ❑ new size _ Other r. _J oning Board of Appeals Authorization W Appeal A40,09 N 067 Recorded W' Commercial W'S'es ❑ No If yes, site plan review# ,o Doo Current Use Proposed Use -51I1.j,?e - /9�S APPLICANT INFORMATION (BUILDER OR HOMEOWNER) --- Name 4 Telephone Number —57_0,5�- --- 2 �— ��? Address A93 7�2 n. 4n/v e License # 6 ��'�."Y`e•2�.oLl.E Home Improvement Contractor# �zl�of Worker's Compensation # 00�.35-6a3k ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �� SIGNATURE -� DATE l r/(Q�0 9 T _ f i s FOR OFFICIAL USE ONLY } APPLICATION# DATE ISSUED f MAP/PARCEL NO. ADDRESS VILLAGE r OWNER r DATE OF INSPECTION: FOUNDATION FRAME o INSULATION t FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING K DATE CLOSED OUT ASSOCIATION PLAN NO: r The Commonwealth oflMassachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 N :�•�� www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/lndividual): r410E e0 Address: 16.3 7&,f 1v ZITIVc' oa6- City/State/Zip: ��7���s`L Z-e- IV4- Phone.#: �4& S"9 Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. 21 am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the stub-contractors 2.[] I am a sole proprietor or partner-' listed on the attached sheet. 7.. [] Remodeling ship and have no employees These sub-contractors have 8. ' Demolition worldn for me in an capacity. employees and have workers' g y p ty $ 9. D Building addition [No workers'.comp.•insurance comp. insurance. regtuired.] S. We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 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. re doing all work and then hire outside contractors must submit a new affidavit indicating such. t Homeowners who submit this affidavit.indicating they a ZContractors 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. X 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. #: G 4 o2_S'O may'R/9 Expiration Date: fob Site Address: �Y9a' L/YI�Cs�� - City/State/Zip:[,; .y�iYi��e� /�IGl 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. 1 do hereby c /under the pains and penalties ofperjurmy that the information provided above is true and correct. Signature: ✓ Date: Phone#' 7 k `a&,9 7 [Other only. Do not write in this area, to be completed by city or town official n: Permit/License# thority(circle one): Health 2.Building Department 3. City/Town Clerk 4.EIectrical Inspector 5.Plumbing Inspector rson: Phone#: v 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 Iocal 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-contractor(s)name(s),-address(es)and phone numbers) along with their certificates) 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 permit/license number which vzll be used as a reference m mber. 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" (.he applicant should write"all locations is (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 at,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 De-parlsnent of Industrial Accidents Office of Investigations. 600 Washington Street Boston, MA 02111 Te1. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11-22-06 - www.inass.gov/dia i ARCHITECT CONSTRUCTION CONTROL AFFIDAVIT Project Name: Cape Cod Package Store Project Title: Renovation of the Cape Cod Package Store Project Location: 1495 Falmouth Rd. (Rte. 28) Centerville MA Scope of Project: 1 &2 story wood framed commercial building Architect: Brown Lindquist Fenuccio& Raber Architects Inc. In accordance with paragraph 116.0 of 780 CMR, the Massachusetts State Building Code, I, Kurt E. Raber Massachusetts Registration Number 10563 being a registered professional Architect hereby certify that all plans, computations and specifications, and changes thereto, involving subject project will be prepared by or under the direct supervision of a Massachusetts registered architect or Massachusetts registered professional engineer and bear his or her original signature and seal or by the legally recognized professional performing the work, as defined by Massachusetts General Law(M.G.L.) c. 112, §81 R. For the above named project I, or a registered professional architect/engineer under my cognizance, will review the design concept, shop drawings, samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction documents. I will review and approve the quality control procedures for all code-required controlled materials. I further certify that I will be present on the construction site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. Pursuant to 780 CMR 116.2.3 1 will provide the results of structural tests and inspections to the building official and owner. I will submit, periodically, a progress r ertinent comments of the site visits and compliance of all pertinent ite to the building offi( ��� rk port as to the satisfactory completion and the readiness of the project f r pancy. f �eF % o No. 10563 BARNSTABLE, W o MASS. 11/13/2009 A hitect Kurt E. Raber c rh OF MPS�PGs Date Subscribed and Sworn to, before a this I` day of V 200 the undersigned notary public, personally appeared r-t`" provide to me throuo satisfactory evidence of identification, which is to be the person whose name is.signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. a Notary Publid Date Notary Commission Expiresr;, ~ t r Alyson Konko) Notary^ bbe Yf' /fir S Y J�♦ Barnstable County I(A My Commission Expires 4.2010 �',,.'`�' '�• 3 CONSTRUCTION:CONTROL'AFFIDAVIT' PROJECT NUMB t ER': 1203-34 PROJECT TITLE: Renovation and Addition PROJECT LOCATION: 1.495 Falmouth Road NAME OF BUILDING: Cape Co&Package'Store SCOPE OF PROJECT: 1-story/2-story wood frame coristruction'and foundations" t In accordance with Section 116.0 ofthe Massachusetts.State Building Code, Seventh'Edition{MSBC),I,, Brian A.Walsh,P.E.,Massachusetts Registration No..46077 being a licensed professional structural engineer;hereby certify that I(myself and/or my representatives)will be present;on the construction site . on a regular and periodic basis and perform the necessary professional structural.engineering services as outlined in MBC 116.2.2, to determine that the STRUCTURAL`CONSTRUCTION.WORK is,to the ` best of my knowledge andbelief,in accordance with'the documents.-approved for the building,permit; for the following portions of construction:. i 6 1 Structural components as-specified on.All'en'&Major Associates;Inc: and Brown.Lmdquist Fenuccio &Raber.Architects;Inc.+structural`drawings N, F 2..-'Review of'shop drawings, samples°and other submittals of the.contractor,as required by the construction documents as submitted for.building permit, and approval for conformance'to tlie,design concept. < . t, I furthermore agree to submit periodically,an.inspection report.together-with.pertirient comments to the Town of Barnstable building`department:`Jjpoh satisfactory completion of the.work I shall-submit a fnal report:certifying'to the best of`myknowledge and belief that the building structure is completed-in,,. general conformance with the_"referenced construction documents and-the structural provisions of the: MSBC. t Work specifically not included'in this`Construction Control Affidavit to be provided by�others shall ,,• tr include testing and inspection of materials in,accordance with MBC-Section 1.703 for the followmg'r; building components:. 1: Geotechnical inspection and testing services(i e. soil,bearing.capacity) 2: Materials testing services(i,e concrete sampling and''testmg,bolted;corineciions,welds;etc) t 'O VY/N.SfI Signature STRUCTURAL: y No°46077 1 gSSi NAL�� Subscribed and sworn to before me this tit '� day of NO V�i�t�'1�1220 0 t' 4 NOTARY P C , r{} ' = 1 1VIy Commission p On iyY` 1�. �'A COMcheck Software Version 3.7.0 Envelope Compliance Certificate 2006 IECC Section 1: Project Information Project Type: New Construction Project Title : Cape Cod Package Store Construction Site: Owner/Agent: Designer/Contractor: 1495 Falmouth Rd. BLFR Architects,Inc. Centerville,MA 203 Willow St. Yarmouthport,MA 02675 Section 2: General Information Building Location(for weather data): Centerville(Barnstable),Massachusetts Climate Zone: 5a Vertical Glazing/Wall Area Pct.: 11 Skylight Glazing/Roof Area Pct.: 1"/0 Activity Type(s) Floor Area Retail 12583 Section 3: Requirements Checklist . i Climate-Specific Requirements: Component Name/Description Gross Area Cavity Cont. Proposed Budget or Perimeter R-Value R-Value U-Factor U-Factor(a) Roof/Ceiling Type 1: Insulation Entirely Above Deck 4635, -- 20.0 0.048 0.048 Roof/Ceiling Type 2:Attic Roof with Wood Joists 685, 38.0 0.0 0.027 0.034 Skylight 2:Wood Frame:Double Pane with Low-E,Clear,SHGC 30 --- --- 0.500 0.600 0.29 Roof/Ceiling Type 3:Attic Roof with Wood Joists 615 30.0 0.0 0.034 0.034 Exterior Wall Type 1:Other Wood Framed Wall(b) 2704 --- --- 0.050 0.089 Exterior Wall Type 2:Other Wood Framed Wall(b) 1600 - --- 0.046 0.089 Alum.storefront:Metal Frame:Double Pane with Low-E,Clear, 320 --- --- 0.480' 0.550 SHGC 0.31 Fixed-vinyl clad wood:Wood Frame'Double Pane with Low-E, 86 — --- 0.350 0.350 Clear,SHGC 0.31 Double Hung-vinyl clad wood:Wood Frame:Double Pane with 120 --- --- 0.330 0.350 Low-E,Clear,SHGC 0.31 Door 1:Other Door,Swinging 63 - --- 0.160 0.700 Door 3:Other Door,Swinging 105 --- --- 0.900 0.700 Door 4: Insulated Metal,Non-Swinging 70 -- --- 0.670 1.450 Exterior Wall Type 3:Other Wood Framed Wall(b) 441 — --- 0.045 0.089 Basement Wall 1:Solid Concrete:10"Thickness,Normal Density, 2912 -- 10.0 0.087 0.680 Furring:None,Wall Ht 8.8,Depth B.G.8.5 Floor 1:Slab-On-Grade:Unheated,Vertical 4 ft.. .101 --- 10.0 --- --- (a)Budget U-factors are used for software baseline calculations ONLY;and are not code requirements. (b)'Oth&components require supporting documentation for proposed U-factors. Air Leakage, Component Certification, and Vapor Retarder Requirements: Project Title: Cape Cod Package Store Report date: 11/13/09 Data filename: C:\Program Files\Check\COMcheck\CapeCodPackageStore 11 11 2009.cck Page 1 of 2 a� 1. All joint§and pen6trations are caulked,gasketed or covered with a moisture vapor-permeable wrapping material installed in accordance with the manufacturer's installation instructions. 2. Windows,doors,and skylights certified as meeting leakage requirements. Cj 3. Component R-values&U-factors labeled as certified. 4. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a manner that achieves the rated R-value without compressing the insulation. 5. No roof insulation is installed on a suspended ceiling with removable ceiling panels. ❑ 6. 'Other'components have supporting documentation for proposed U-Factors. 1-1 7. Stair,elevator shaft vents,and other outdoor air intake and exhaust openings in the building envelope are equipped with motorized dampers. ❑ 8. Cargo doors and loading dock doors are weather sealed. Lj 9. Recessed lighting fixtures are:(i)Type IC rated and sealed or gasketed;or(ii)installed inside an appropriate air-tight assembly with a 0.5 inch clearance from combustible materials and with 3 inches clearance from insulation material. ❑ 10.Building entrance doors have a vestibule equipped with closing devices. Exceptions: Building entrances with revolving doors. Doors that open directly from a space less than 3000 sq.ft.in area. Cj 11.Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the 2006 IECC requirements in COMcheck Version 3.7.0 and to comply with the mandatory requirements in the Requirements Checklist. gtl-� — Name-Title Signature Date xJQ- 6�pT o No. 10563 BARNSTABLE, u o MASS. co, y��qC T H OF M PS,Pv� Project Title: Cape Cod Package Store Report date: 11/13/09 Data filename: C:\Program Files\Check\COMcheck\CapeCodPackageStore 11 11 2009.cck Page 2 of 2 IZimbra: DavidSauro@comcast.net Page 1 of 1 SmartZone Communications Center Collaboration Suite DavidSauro@comcast.net FW: Cape Cod Package Store Monday, November 09, 2009 3:38:44 PM From: mdfesgl@verizon.net To: DavidSauro@comcast.net Reply to: mdfesgl@verizon.net David Per our discussion attached is the email we sent to Tom Perry. Mike From: M. Ford, Esquire [mailto:mdfesgl@verizon.net] Sent: Thursday, November 05, 2009 9:09 AM To: 'Perry, Tom' Cc: 'Andrea Pendergast; 'kurtraber@capearchitects.com' Subject: FW: Cape Cod Package Store Tom, This is the"sign —off' by Burgmann to which 1 referred. Let me know if I need to speak further with Burgmann. Mike From: Buntich, JoAnne [mailto:joann.buntich@town.barnstable.ma.us] Sent: Monday, October 05, 2009 8:22 AM To: mdfesgl@verizon.net Cc: Burgmann, Bob; Seymour, Steve Subject: Cape Cod Package Store Good morning, Have spoken to the Town Engineer. Bob is ok with the thermoplastic paint in lieu of scored concrete at the Route 28 site access. Let me know if you need anything more on this. Thanks, Jo Anne Jo Anne Miller Buntich Interim Director Growth Management Department Town of Barnstable 367 Main Street Hyannis,MA 02601 p 508 862 4735 f 508 862 4782 ioanne buntich@town barn stable ma us Town Website httpWwww town bamstable.ma us Please consider the environment before printing this email http://sz0048.wc.mail.comcast.net/zimbra/mail l l/9/2009 1 i Massachusetts- Department of Public SafetN Bo trd of Building Re�7u1, ons and Standards f s ConstructionSupervisor. License ;License: cS 72866 Restricted to 00k DAVIDA''SAURO 4 a u i 4163 TERN LANE CENTERVILLE', MA,02632 j; IJ w Expiration: 5/6/2011 Comm i+tiione1. Tr#: 14884 t. ■ OCT 29,2009 02:53P 5087780897 page d ■ �a r f GRANITE STATE INSURANCE COMPANY 0024435-00 WC 002=35=6238 13102 o1.3 66 o8o9-o LVANIA CAPE COD CONSTRUCTION SERVICES INC 163 TERN LA CENTERVILLE, MA 02632-0000 EXECUTIVE-OFFICES: 70 PINE STREET, NEW YORK, N.Y. 1D270 SEE EXTENSION OF ITEM.1..OF THE INFORMATION PAGE - WC9W.610 ; LD# MA UIL U. •� EASTERN., INSURANCE,.GRO.UP LLC WORKERS COMPENSATION AND EMPLOYERS` 2'33 W CENTRAL ST LIABILITY POLICY INFORMATION PAGE NATI CK, MA 01760-3133 INSURED IS PREVIOUS POLICY NUMBER CORPORATION RENEWAL 002509818 OTHER WORKPLACES NOT SHOWN ABOVE: SEE EXTENSION-OP ITEM.1. OF THE INFORMATION PAGE` WC990610 ITEM 2 POLICY PERIOD 12:01 A.M.Standard time at the invured's mnilingaddress FROM 08/25/09, TO 08/25/.30 ITEM 3 A. Workers Compensation Insurance: Part'One of the policy applies:to the Workers Compensation Law of the states listed here. MA S. Employers Liability Insurance: Part Two of the policy applies to the work,In each state listed in item 3.A. The limits of our liability.under Part Two are: Bodily Injury by Accident$ 100,000 each accident Bodily Injury by Disease ,$. . 500.000 policy limit Bodily Injury by Disease $ 100,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, If any. listed here:. SEE ENDORSEMENT - WC200306A D. This policy Includes these SEE EXTENSION OF ITEM 3.D. OF THE INFORMATION PAGE -WC99061.2 ITEM a The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All Information required below is subject to verification and change by.audit. Eelimcled Tote Rate Per Eetimaled Clnssilicelion5. .. Code,Number Pemunaratlon. i100 t]F Re- Premium®.Annual 3 Year muncratlon ®Annual 2 Year SEE EXTENSION OF ITEM 4. OF THE INFORMATION PAGE WC7754 TAXES/ASSESSMENTS/SURCHARGES S�58 EXPENSE CONSTANT(EXCEPT WHERE APPLICABLE BY STATE) 5 338 MA MINIMUM PREMIUM 00 MA TOTAL ESTIMATED PREMIUM 2 II indicated below,interim adiuslmonts of premium Shan be made: - aSoml-Annually Ouartorly, Monthly DEPOSIT PREMIUM 08/3.1/09 ASSIGNED RISK 66 Issuo Date issuing office Authorized Ropresentallve wC 00 00 01 39967(Rev'd 04/08) - Sub Contractor W-9 and Certificate of Insurance 'Insured Certificate of Insurance Expiration Date Policy number W9 Employer ID Ace Arborculture General Liability 4/19/2010 1145389 X 04-319-4573 Phone: Automobile Liability 10/1/2009 08MMMM9021 025-48-7944 Fax: Worker's Compensation 11/18/2009 WC 648-55-55 Advantage Electric, Inc General Liability 1/11/2010 MP095993 - Phone: 508-326-7921 Worker's Compensation 1/11/2010 WCC500529901 Fax: 508-394-9620 Airtech Energy System & Copper Design Inc General Liability 3/27/2010 MPS2197G Worker's Compensation 3/27/2010 WCS2197G All Cape Garage Door Co., Inc General Liability 10/7/2010 1680774OM724ACJ Phone: 508-398-2757 Worker's Compensation 6/1/2010 WCC500258601 Fax: 508-428-1184 Associated Alarm,Systems, Inc General Liability 4/5/2010 CLS1489915 Phone: 508-775-3442 Fax: 508-790-2330 Belanger, Susan X 020-70-7459 Phone: 508-776-9482 Worker's Compensation 4/25/2010 60072B01 Fax: 508-420-3568 General Liability 4/27/2010 3600031197 Belanger, Steven General Liability 6/14/2010 BP17034414 020-60-4983 Phone: 508-428-1389 Worker's Compensation 2/4/2010 VWC600293201 Fax: 508-420-3568 Automobile Liability 7/2/2009 95375400001 Brennick Building System LLC General Liability 2/25/2010 CB4E1820 Worker's Compensation 1/1/2010 7015863012009 Phone: 508-775-5111 Automobile Liability 4/1/2010 T39797 Fax: 508-896-7997 Umbrella Liability 10/5/2009 5J6592 Brian Bolton Worker's Compensation 2/23/2010 UB-0171 N847 Phone: 508-776-3466 General Liability 2/18/2010 NPP1203039 Fax: 508-362-4129 X Buckmiller Roofing Worker's Compensation 4/11/2010 7PJUB-7430A7 General Liability 5/15/2010 CP46859505 Builder Services Group, Inc. - Cape Cod Closets General Liability 6/30/2010 MWZY55525 d/b/a: Quality Insulation&Bldg Prod Worker's Compensation 6/30/2010 WCU C45699225 Confidential 11/16/2009 Pagel Automobile Liability 6/30/2010 MWTB1839809 Cape Cod Custom Floors, Inc General Liability 12/13/2009 BOP8566651 Phone: 508-778-1965 Worker's Compensation 5/25/2010 08WECKL1007 Fax: 508-778-5575 Umbrella 12/13/2009 CU8569751 CapeCuts, Ralph Tovar Worker's Compensation 10/6/2010 7019907012009 017-72-6980 Phone: 508-726-4176 General Liability 6/7/2010 SCP0754273 Fax: 508-430-0951 X Harvey Industries, Inc. General Liability 3/1/2010 710012316 Phone: 508-775-7788 Worker's Compensation 1/1/2010 TC2KUB100D279009 Fax: 508-771-3217 Automobile Liability 3/1/2010 OBR823136 Hickey Construction Company, Inc. Worker's Compensation 1/17/2010 WC006940816 X 042913741 Phone: 508-771-4128 General Liability 4/9/2010 16801595B907 Automobile Liability 4/9/2010 BA19441305A J.C.'s Concrete Floors, Inc. General Liability 11/18/2010 CLS 1514169 Phone: 508-775-8371 Worker's Compensation 9/20/2010 AWC 7019708012005 Fax: 508-534-9050 Kevin McBride Plumbing & Heating Inc x 20-477-1754 Phone: 508-778-4556 General Liability 12/18/2010 R0644392A Fax: 508-778-2549 Worker's Compensation 11/19/2010 76 WEG FX7947 L & M Glass General Liability 5/1/2010 CCP9721358 Automobile Liability 5/1/2010 BA9721858 Worker's Compensation 5/1/2010 WC8658525 LaFleur LLC Automobile Liability 7/2/2010 BAP 8613796 X 013466674 General Liability 7/1/2010 CLP7924573 Worker's Compensation 7/9/2010 WC792457406 Lambros, George General Liability 1/10/2010 CB834784 Luiz Romcelli DBA: America Floors General Liability 10/9/2010 MP18380Q Worker's Compensation 3/24/2010 WC000167884 Miguel Tatara Neto General Liability 3/14/2010 BP00008250 X 017-90-0816 Phone: 508-360-8365 Worker's Compensation 12/3/2010 7PJUB7744A71203 Michael Tomlinson General Liability 8/14/2010 491 F002968 Automobile 1/3/2010 PMC8212340 Worker's Compensation 4/12/2010 WC2798312 New England Landscape & Development Corp. General Liability 1/27/2010 9946D5128 X 043016608 Phone: 508-420-5188 Automobile Liability. 1/27/2010 BA-2660C60A Worker's Compensation 3/1/2010 Wcc500l933012007 Confidential 11/16/2009 Page 2 Northern.Sealcoating & Paving Inc. General Liability 10/1/2010 CLA019849412 X 042742821 Phone: 508-398-9474 Automobile Liability 10/1/2010 MAA019849512 Fax: 508-394-0955 Worker's Compensation 4/1/2010 NOWC904736 Paul J. Cazeault& Sons Roofing Inc. General Liability 4/30/2010 286289 Phone: 508-428-1177 Worker's Compensation 8/10/2010 UB0095B64A07 Fax: 508-420-4555 Pires Construction Corp. General Liability 11/7/2010 BP17040195 X 43499526 Phone: Worker's Compensation 8/24/2010 WC5877222 Automobile Liability Robert B. Our Company General Liability 12/1/2009 CPA130142817 Automobile Liability 12/1/2009 MMA130144017 Worker's Compensation 1/1/2010 WC0008558 RSC Construction General Liability 12/4/2009 R0629822A Worker's Compensation 12/6/2009 WC4988000 Tanguay, Martin General Liability 6/19/2010 SCP031530224 x 044-42-5987 Worker's Compensation 3/4/2010 WC8267797 UTS of Massachusetts Inc General Liability 5/1/2010 C2094820462 Phone: 781-438-7755 Automobile Liability 5/1/2010 2094820459 Fax: 781-438-6216 Worker's Compensation 2/18/2010 WC1-31 S-371749-019 Winslow Plumbing & Heating Co., Inc. General Liability 12/1/2009 CBP9919974 X 042846193 Phone: 508-394-7778 Automobile Liability 12/1/2009 8218494 Fax: 508-394-8256 Worker's Compensation 1/1/2010 WC1630 Wright, Richard X 135347631 Phone: 508-246-1452 General Liability 10/14/2010 MPB75769 Worker's Compensation 10/26/2010 7017064012009 Confidential 11/16/2009 Page 3 � r Tows of Barnstable Regulatory Services . . Thomas F. Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-623( Property ov'rher must Complete and Sign This Section If Using A Builder I, -I-r114C/(1 ;0�;ive-lL'✓t as Owner of the subject.property hereby authorize ,2)'AV/ Z� '59-care C, to act on my behalf, m all matters relative to work authorized by this building permit application for. (.Address ofjob) �--- �/ /Vq Signare tu of Owner Da / Q Gc, " Print Name If Pro eedy Owner is applying for permit please complete.the Homeowners License Exemption Form on the reverse side. SHE A Town of Barnstable . �.� Barnstable Historical Commission * BARNSPABLE, + 200 Main Street, Hyannis,Massachusetts 02601 9 MASS. $ (508) 862-4786 Fax(508) 862-4725 1 59. www.town.barnstable.ma.us ptfD MA'S a October 21, 2009 EB . o --t Linda Hutchenrider,Town Clerk 367 Main Street, Hyannis MA 02601 N. A Thomas Perry, Building Commissioner 200 Main Street Hyannis,MA 02601 � y7 Kurt Raber, Brown,Lindquist,Fenuccio &Raber Architects, Inc. 2o3 Willow Street,Suite A Yarmouthport,MA 02675 Re: DECISION of the Barnstable Historical Commission,pursuant to the Code of the ` Town of Barnstable Chapter 112,Historic Properties,Article 1,Protection of Historic Properties ss 112-1 through ss 112-7 APPROVING the application for Partial DEMOLITION of follow property: Location: 1495 Falmouth Road, Centerville,.MA Assessors map and parcel: 209/081 Date application submitted: October 13, 2009 The Barnstable Historical Commission reviewed the above referenced application at.their duly. noticed meeting of 10/20/9,009. At that meeting, they found that the building at.the above address was not an architecturally or historically significant building and they voted to approve. the application for partial demolition per plans dated 8/20/2009 without out a public hearing. Portions of the building were originally constructed in 1930. Present and voting to permit partial demolition were: Chairman Barbara Flinn,George Jessop,AIA, Marilyn Fifield, ,Nancy Shoemaker,,Jessica Rapp Grassetti and Len Gobeil Absent: Nancy Clark Sincerely, Barbara Flinn, Chairman �r Zimbra: DavidSauro@comcast.net rage i of i SmartZone Communications Center Collaboration Suite DavidSauro@comcast.net eDEP Submittal Confirmation for DEP Transaction Thursday, October 29, 2009 ID: 272181 4:32:51 PM From: eDEPConfirmation@massmail.state.ma.us To: davidsauro@comcast.net Thank you for using eDEP Online Filing from the Massachusetts Department of Environmental Protection. Your transaction is complete and has been submitted to MassDEP. This email is your receipt for the eDEP Online. Filing transaction described below. Please review it and keep a copy for your records. Please do NOT reply to this message, this email address will not, receive messages. For assistance with eDEP Online Filing, please email the DEP Help Desk at DEP.HELP@state.ma.us or call 617-556-1100. MassDEP is interested in how we can serve you better. To help us make improvements to, eDEP, please7'take a minute to complete our eDEP Online Filing Survey at http://www.mass.gov/dep/service/compliance/edepsurv.htm. To contact MassDEP Programs, please see http://mass.gov/dep/about/contatts.htm. DEP Transaction ID: 272181 Date and Time Submitted: 10/.29/2009 04:27:53 Form Name: AQ 06 - Construction/Demolition Notification Payment Information DEP code: 41779 Date: 10/29/2009 4:27:07 PM Amount ($) : 85 Payment Detail: SAURO DAVID --AccountType -- AccountNumber ****1020 ConfirmationNumber: Contractor Contractor Number Name Address .Supervisor Project Monitor Lab EMAIL ID OF THE USER: davidsauro@comcast.net http://sz0048.we.mail.comeast.net/zimbra/mail 10/29/2009 Massachusetts Department of Environmental Protection Bureau of Waste Prevention • Air Quality Please Enter Decal# ----------------------------------- BWP AQ 06 Notification Prior to Construction or Demolition,. Affix Notification Decal Here I A. Applicability Important: When filling out A Construction or Demolition operation of an industrial, commercial, or institutional building,or forms on the residential building with 20 or more units is regulated by the Department of Environmental Protection computer,use (DEP), Bureau of Waste Prevention=Air Quality Division, under Regulations 310 CIVIR 7.09. only the tab key to move your Notification of Construction or Demolition operations is required under 310 CMR 7.09 (2)ten(10) cursor-do not days-prior to any.work being performed,The following information is required pursuant to 310 CMR use the return 7.09. key. B. General Project Description R 1.. Facility Information: Name /5�Jam' ����v�h •�Q6�- � ���fe � Addre 4607-6-IR 4—� Instructions 0 City/Town _ p p State Zip Code 1.All sections of c O '��.� tl O• this form must be Telephone Number E-mail Address(optional) completed in order to comply with the Department of Size:Environmental Protection Square uare Feet., Number of Floors - . requirements of as e facilityto 1980? 310 CMR 7.09 W the built prior Yes ❑ NO 2.Submit Original Describe the current or prior use of the facility: Form To: Commonwealth of `/?e194, F.Sj•¢Te G/�—,�/G�' ��<✓�O'9 Cl/ � STD 2P Massachusetts Asbestos Program P.O.Box 120087 Is the facility a residential facility? ❑ Yes P No Boston,MA 02112-0087 If yes, how many units? 2. Facility Owner: . Name Address A,7--eT 1,- 4- e IV4 Ct 6 3.2 Citylrown State Zip Code <SG�- ?�<s _ �<oG�t- -�c/C�c�s►,o�°�'c�a'.o����y�s�r��f. Telephone Number(include area code and extension) E-mail s`s(optional) Cds'h ,4�.d�z /t. Cl e.e. On-site Manager ag06app•6/04 BWP AQ 06•Page 1 of 3 Massachusetts Department of Environmental Protection Please Enter Decal Bureau of Waste Prevention.�.Air.Quality # .., BWP AQ 06 Notification Prior to Construction or;Demolition B. General Project Description (cont.) 3. General Contractor: Name Addy C�Tt°'2 Cityrrown.. State Zip Code Teleph a Number(include area code and extension) E-mail Address(optional) Ati �c�as�fi 2 V. On-site Manager C. Ge-neral Construction or Demolition Description General Statement:If 1. Construction or dem0ittiOfl contractor: asbestos is found during a / ��_y �G.I�.STrv!'77vsy d •: . Zit/. Construction or Name Demolition (3�S y L�i�yy�9.c:as s /yl Cy 60/ operation,all Address responsible , parties must comply with 310 Tele hone Number(include area code and extension) E-mail Address(optional) CMR 7.00,7.09, 7.15,and Chapter O�A' �/ S 21 E of the On-site Manager General Laws of the 2 On-Site Supervisor: Commonwealth. This would !4(// '4t✓ e�- include,but would Name not be limited to, filing an asbestos 3. Is the entire facility to be,demolished? ❑ Yes V*"No removal notification with the Department 4. Describe the area(s)to be demolished: _ and/or a notice of &4-5)` wit rp�' C9� fir✓i"L d//" — / 3'"/N� (I/�f�� ,mrJ 4 �1 release/threat of , release of a , hazardous We.:y 4=—XVc7' POo,� substance to the Department,if applicable. 5. If this is a construction project;describe the.building(s)or addition(s)to be constructed: . S 7— 4�-A.& f/G .57`*,-y ag06app•6/64 BWP AQ 06•Page 2 of 3 LlMassachusetts Department of Environmental Protection Bureau of Waste Prevention • Air Quality Please Enter Decal# BWP AQ 06 Notification-.Prior to_Constmi.0pn or Demoji>!.ontQz C. General Construction or Demolition Description (coot.) 6. If this is a demolition project,were the structure(s) surveyed for the presence of asbestos containing material (ACM)? ❑ Yes No If yes;who conducted the survey? Name Division of Occupational Safety:Certification Number ` 7. Construction or Demolition d�?���O.f Bob��Y`6 Start Da End Date 8. .For demolition and construction projects,.indicate dust suppression techniques to be used: ❑ seeding ❑ paving If other, please specify: f&T wetting ❑ shrouding `covering ❑ other 9. For Emergency.Demolition Operations,who is.the DEP official who evaluated the emergency? Name of DEP official Title Date of Authorization DEP Waiver# D. Certification certify thaf I have examined"the above and that to the best of my PRot me knowledge it is true.,and complete. The signature below subjects the horized Signature signer to the general statutes regarding a false and.misleading' Pos"ionrfitle statement(s). P Representin /G ��I Date P.E.# ag06app•6/04 BWP AQ 06•Page 3 of 3 Nov 10 09 09:37a UAHL UUu rHU"Ur- o I umr- wv r - M��� Permit#�: 5-2009-0106 ■�/ HIGHWAY Dist 5, 1000 County St, Taunton, MA 02780 PERMIT -BARNSTABLE Subject to all terms,conditions,and restrictions printed,attached or written below,and on the reverse side hereof,permission is hereby granted to PENDERGAST FALMOUTH ROAD REALTY TRUST,John J. Pendergast,Jr., 1495 Falmouth Road, Centerville,MA 02632 to enter upon the State Highway in the Town of BARNSTABLE on Auto Route 28,locally known as Falmouth Road for the purpose of closing two (2)existing drives and constructing a drive to their property between Stations 332+35 and 332+70 at the southerly line of the State Highway Layout Line,flaring to Stations 332+05 and 333+06 at the edge of the hardened surface with light grading within the project limits as shown on the attached sketch. BEFORE ANY WORK IS TO BE DONE WITHIN THE STATE HIGHWAY LAYOUT THE GRANTEE(S) MUST CALL THE DISTRICT PERMIT ENGINEER AT (508)8844211. i THE GRANTEE(S)MUST ADHERE TO 520 CMR 14.00:EXCAVATION AND TRENCH SAFETY AS PROMULGATED BY THE DEPARTMENT OF PUBLIC SAFETY IN CONJUNCTION WITH THE DIVISION OF OCCUPATIONAL SAFETY PURSUANT TO AUTHORITY GRANTED BY M.G.L.c. 82A § 1. IF NOT ALREADY APPROVED, THE ATTACHED TRENCH PERMIT RIDER MUST BE COMPLETED AND SUBMITTED TO MASSHIGHWAY BEFORE ANY TRENCH WORK IS PERFORMED UNDER THIS PERMIT. The Grantee(s)will close the existing driveways which currently accesses their property located between Stations 330+10.3 &330+39.7(Lt.)and Stations 331+67.9&332+13.8(Lt.). All hot mix asphalt pavement must be removed between the existing edge of road and the S.H.L.O. The Grantee(s) is responsible for the proper disposal of all removed material.Granite curb,edging or berm(if applicable)will then be installed to' match the existing edge of road and the area brought up to grade and loamed and seeded. No plantings,mulch or gravel will be allowed within the State Highway Layout, This Permit is being granted to provide access to an existing 4,000 sq.ft commercial retail building located at 1495 Falmouth Road.Any change in design,or use of property,additional building or lot development will require the Grantee(s)to reapply to this office for a new or amended Driveway Permit. The Grantee or Applicant shall record any Vehicular Access Permit or any Non-Vehicular Access Permit involving drainage at the appropriate registry of deeds. Any permit issued by MassHighway that requires recording shall not be effective until recorded at the appropriate registry of deeds and a copy of the recorded document is submitted to the District Highway Director. The Grantee(s)shall be responsible for all litter and debris generated from their property during the work as described herein and/or from all prospective residents, visitors or patrons of all existing or proposed facilities mentioned herein, This responsibility shall'remain in effect for the entirety of all current or future owners of said property. The Grantees)shall perform routine inspections and upkeep within the State Highway Layout. . if conditions warrant an individual to enter in or within the proximity of a travelled way,the Grantee(s)shall assume all liability and responsibility for the removal of all litter and debris or the hiring of an appropriate party to perform such duties. Significant work within the travelled way,may require a police detail. In consideration to all abutters,the Grantee(s)must take notice to the drifting of debris and the removal thereof. If it is found that this requirement is not being fulfilled in a satisfactory manner,MassHighway may decide to clean the area at the Grantee's expense. INov 10 09 09:3da UAf✓t UUU t /AUrwUr= o 1 vr:r= Conditions Relating Particularly to Permits for the Laying of Pipes,Conduits,etc. After any pipes, conduils, drains or other underground structures are laid, or any excavation is made in the roadway, the trenches or openings shall be properly backfilled with suitable material,the backfilling shall be thoroughly tamped, and the surface of the road over said structures shall be I�ac even with the adjoining ground. If the work is done in cold weather no frozen material shall be used for backfilling. Whenever the hardened surface of the roadway, gutters,or any part of the surface of the highway is disturbed it shall be replaced in as good condition as before it was disturbed,and if new materials are required they shall correspond with those already in place on the road, Where service pipes are to cross the highway the connections shall be made without disturbing the hardened surface of the roadway,by driving the pipes under the roadway,or the service pipes shall be carried under and across the road in a larger pipe,unless otherwise ordered by the Engineer. The Grantee shall maintain the surface of the roadway over said structures.as long as MassHighway may deem necessary;until all signs of the trenches shall have been eliminated. Conditions Relating Particularly to Permits for the Erection of Poles,Wires and overhead Structures,and the Cutting and Trimming of.Trees In the erection of pole lines,unless otherwise herein provided,no trees located within the limits of the State Highway shall be cut or trimmed. No guy wires shall be attached 10 trees without a special permit from MassHighway,and in no event shall they be so attached as to girdle the tree or in any way interfere with their growth. The wires shall be so protected at all limes and places that they shall not interfere with or injure the trees either inside or outside the location of the highway. Where the cutting or trimming of trees is authorized by this permit, only such cutting and trimming shall be done as may be designated by the Engineer. In the construction or reconstruction of pole lines no guy wires shall be erected nearer to the surface of the ground than six feet proAded,however, that the owners of such lines may maintain such guy wires at a lower elevation than six feet from the ground until such time as MassHighway shall notify them to remove said wires or to raise them to the elevation first slated. In order to protect the trees through which any wires may pass,said wires shall be insulated and such other tree guards used as may be directed by the Engineer. Where high tension wires are erected under this permit,they shall be so located that,under conditions of maximum severity as regards a coating of ice or snow.there shall be a space o1 at least eight feet between such high tension wires and other wires. The Grantee shall within sixty days from the dale of completion of the work,file,in the office of MassHighway a plan showing the location of each pole erected in accordance with the permit,said plan to be of such size and in such form as.MassHighway may direct. General and Additional Conditions Whenever the word"Department"is used herein is shall mean the Massachusetts Highway Department. Whenever the word"Engineer''is used herein it shall mean the District Highway Director or other authorized representative of MassHighway. ' Whenever themord"Grantee"is used herein shall mean the person or persons,corporation or municipality to who. this permit is granted,or their legal representatives. During the progress of the work all structures under ground and above ground shall be properly protected from damage or injury;such barriers shall be erected and maintained as may be necessary for the protection of the travelling public,the same shall be properly lighted at night;and the Grantee shall be responsible for all damages or property due to or resulting frcm any work done under this permit. Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the State Highways in such a manner as to interfere unnecessarily with the travel over said road. If any grading or sidewalk work done under this permit interferes with the drainage of the Slate Highway in any way,such catch basins and outlets shall be constructed as may be necessary,in the opinion of the Engineer,to take proper care of said drainage. Whenever the hardened surface of the roadway is disturbed and the Engineer may consider if necessary or advisable to do so,said surface will be restored by the employees of MassHighway, at such time as MassHighway may direct, and the expense thereof shall be borne by the Grantee.who shall purchase and deliver on the road the materials necessary for said work if and when directed by the Engineer. All payments to materialmen and to laborers, inspectors, etc., employed by MassHighway for or on account of the work herein contemplated shall be made by said Grantee forthwith on the receipt of written orders,pay rolls,or vouchers approved by MassHighway. IF THE GRANTEE DOES ANY WORK CONTRARY TO THE ORDERS OF THE ENGINEER,AND AFTER DUE NOTICE, FAILS TO CORRECT SUCH WORK OR TO REMOVE STRUCTURES OR MATERIALS ORDERED TO BE REMOVED. OR FAILS TO COMPLETE WITHIN THE SPECIFIED TIME THE WORK AUTHORIZED BY THIS PERMIT,MASSHIGHWAY MAY,WITH OR WITHOUT NOTICE,CORRECT OR COMPLETE SUCH WORK IN WHOLE OR IN PART, OR REMOVE,SUCH STRUCTURES OR MATERIALS AND THE GRANTEE SHALL REIMBURSE THE COMMONWEALTH ANY EXPENSE INCURRED IN CORRECTING AND/OR COMPLETING THE WORK OR REMOVING THE STRUCTURES OP.MATERIALS_ ALL OF THE WORK HEREIN CONTEMPLATED SHALL BE DONE UNDER THE SUPERVISION AND TO THE SATISFACTION OF THE MASSACHUSETTS HIGHWAY DEPARTMENT AND THE ENTIRE EXPENSE THEREOF SHALL BE BORNE BY THE GRANTEE. On the completion of the work herein contemplated all rubbish and debris shall be removed and the roadway and roadsides shall be left neat and presentable and satisfactory to the Engineer. MassHighway hereby reserves the right to order the change of location or the removal of any structure or structures authorized by this permit at any time,said change or removal to be made by and at the expense of the Grantee of its their successors or assigns. This permit may be modified or revoked at any time by MassHighway without rendering said Department or the Commonwealth of Massachusetts liable in anyway. All of the above conditions shall be applicable to the work herein authorized,unless the same are inconsistent with the conditions of the face of the permit,in which case the conditions written or printed on the face of the permit shalf apply.. The acceptance of this permit or the doing of any work thereunder shall constitute an agreement by the Grantee to comply with all, of the conditions and restrictions printed or written herein. All work shall be done according to the latest Editions of the"Department Construction Manual'and the Standard Specifications for Highways and Bridges. All personnel working on the roadway shall wear approved safely vests and hard hats. Back Page.doc I h Nov 10 09 09:38a UAFJL UUu r'Au"vC o I vr« vvv r PENDERGAST FALMOUTH ROAD REALTY TRUST(Cont.) -2'- 5-2009-0106 All work is to be done as described herein and as shown on the attached sketch and on the plan(s)entitled "Commercial Redevelopment 9 1495 Falmouth Road" as drafted by BSC Group,349 Main Street Route 28, Unit D, W.Yarmouth,MA 02673,tel.: (508) 778-8919 and dated April 29,2009 and last revised September 22,2009. TIME RESTRICTIONS AND NOTIFICATIONS DUE TO HEAVY SUMMER TRAFFIC,NO WORK SHALL BE PERFORMED ON THIS PROJECT BETWEEN MEMORIAL DAY WEEKEND AND LABOR DAY WEEKEND WITHOUT PRIOR APPROVAL FROM THE DISTRICT HIGHWAY DIRECTOR. No work shall be performed in the.hardened surface of the roadway between November 15th and April 15th without prior written approval from the District Highway Director. No pavement shall be laid between November I st and May 1 st without prior written approval from the District Highway Director. No work shall be performed on this project on Saturdays,Sundays, and Holidays,or on the Friday after a Holiday. Work is also restricted on the day before and the day after a long Holiday weekend without prior written approval by the District Highway Director, No equipment,trucks,etc.,shall occupy any part of the travelled way except between the hours of 9:00a.m. and 3:00p.m.,Monday-Friday. In no case will operations exceed the specified hours. This includes the placement of traffic control devices, equipment or anything that restricts the flow of traffic through the,constrnetion zone. Any change in work hours will require prior written approval by the District Highway Director. All other work on this project is restricted to a normal 8-hour day,Monday-Friday,with the prime Contractor and all subcontractors working on the same shift. Any change in work hours will require prior written approval by the District Highway Director. GENERAL TRAFFIC MANAGEMENT AND SAFETY REQUIREMENTS If any portion of the roadway will be blocked with equipment to facilitate the proposed work,the Grantee(s) will be required to submit a Traffic Management Plan(TMP)to MassHighway to be reviewed and approved by the District Traffic Maintenance Engineer.prior to working within or impacting the roadway. The plan must include information relating to proper signing,traffic control device placement and police details. It is imperative to maintain two-way traffic at all times and these operations are managed so that motorists travel "delay" is minimized. At any time during the operation when a traffic delay of over twelve(12)minutes occurs and the situation is worsening,the Resident Engineer,Contractor or Police Detail will begin to suspend operations. Continuously increasing"delays"of over twelve(12)minutes are not to be permitted. If traffic must be"stopped",the duration shall not be more than five(5)minutes. Uniformed State/Local Police Officer(s)and their official vehicle(s),may be necessary to provide protection for those installing and removing all temporary traffic warning signs and devices and to perform all traffic management as required. The Grantee(s)will monitor the flow of traffic during peak traffic volumes and if necessary,shall suspend all operations. Work will resume at the discretion of the Police detail officer andlor to the satisfaction of the, supervising MassHighway Engineer. Nov 10 U9 W:Ma UAH 't UUv rIA�rv-w1z 011--L- ���• - • PENDERGAST FALMOUTH ROAD REALTY TRUST(Cont.) -3 - 5-2009-0106 In the event of inclement weather or dense fog,which lessens the visibility of advanced warning signs,vehicles and workers,the Grantee(s)will suspend all operations so as not to interfere with the safety of the motoring public and the operations of work. In the event of snow or icing conditions, all vehicles and equipment must be removed from the roadway and/or shoulder area so as not to interfere with Snow and Ice Operations. The Grantee(s)shall provide safe and ready means of access and egress to all public and private roads and drives 24 hours per day. Every effort must be made as not to interfere with or inconvenience all abutters throughout the duration of this project. Signs and traffic control devices are required for advanced notice of the work and within the work area. The Grantee(s)or Applicant will supply all required signs and traffic warning devices and shall be in accordance with the Massachusetts Manual on Uniform Traffic Control Devices. The number and location of all signs and devices shall be as deemed necessary by the Engineer for the safe and efficient performance of the work and the safety of the travelling public. All warning devices shall be subject to removal,replacement and/or repositioning by the applicant as often as deemed necessary by the Engineer. Cones or non-reflectorized warning devices shall not be left in operating position on the highway when the- daytime operations have ceased. If.it becomes necessary for MassHighway to remove the construction warning devices or their appurtenances from the project due to negligence by the applicant,all costs for this work will be charged to the Grantee(s), All vehicles, except passenger's cars,which are assigned to the permitted project and which operate on the site at speeds of 25 MPH or less,shall have an official SLOW MOVING VEHICLE emblem displayed, All vehicles and equipment on this project must be equipped with back-up alarms. All personnel who are working on the travelled way or breakdown lanes shall_wear approved safety vests and hard hats. GENERAL CONDITIONS AND APPROVED PROCEDURES The Grantee(s)must contact the"Dig Safe" Center at 1-888-344-7233 to obtain a"Dig Safe" number prior to starting the proposed excavation for the purpose of identifying the location of underground utilities. The Grantee(s)must remove any granite curb/edging or berm located within the area.of the proposed drive to facilitate the construction of the driveway. All material will then be removed from within the State Highway Layout and properly stored or discarded at ihe;expense of the Grantee(s)or Contractor. If the quality of the removed granite curb is in good condition,the Grantee(s)may reuse said pieces to close any existing drive mentioned herein. DO NOT return curbing to MassHighway. The drive(s)must be constructed on a minus grade(unless special conditions are granted herein) from the edge of the hardened surface to the State Highway Layout Line and graded in such a manner that no ponding of water occurs within the Highway Layout. The Grantee(s)shall be responsible for the disposal of all surface water from their property and the proposed drive(s). If such run-off or ponding occurs,the Grantee(s)shall be responsible for its correction at their'expense. The drive(s)shall have a six-inch gravel base that has been machine compacted then paved with three inches of hot mix'asphalt laid in two courses consisting of 1-1/2 inches binder and 1-1/2 inches top. Any hot mix asphalt berm or granite edging that exists in the driveway area must be sawcut and removed. The new pavement must butt into and not overlap the edge of the hardened surface of the roadway. f Nov 1 U Uy Uy:�tba UAH't_ UUU F AUNAUt= a i UM= outs t r o i au i p.o. PENDERGAST FALMOUTH ROAD REALTY TRUST(Cout.) -4- 5-2009-0106 All abutting edges of the existing pavement shall be coated with RS-1 emulsion immediately prior to the placement of the permanent bituminous concrete. The Grantee(s)shall be responsible for the portion of the proposed drive(s)located within the State Highway Layout and shall routinely inspect them for deficiencies such as settling,heaving; cracks etc. Such deficiencies shall be corrected at the cost of the Grantee(s)and to the satisfaction of the Engineer. If existing or proposed sidewalk is included in this project,the Grantee(s)will install concrete wheelchair ramps in conformance with the Architectural Access Board Regulations. If the integrity of any existing sidewalks,catch basins,manholes or any other underground structures or equipment is compromised,the Grantee(s)will reconstruct and/or replace all items according to MassHighway Standards at the cost of the Grantee(s) and to the satisfaction of the Engineer. All traffic control signs installed on the Grantee(s)property,or any signs associated with said property,shall be maintained or replaced at the owner's expense. Furthermore,advertising signs and their structures whether portable or permanent, are not allowed within the State Highway Layout. All present and future signs or structures Iocated on the property of the Grantee(s)shall be at least twelve feet from all lines of the State Highway. The Grantee(s)must not disturb or remove any MassHighway Bound(s)(MHB) associated with this project. If so disturbed or missing,the bound(s)must be reset/replaced by a Registered Land Surveyor, All procedures and materials must be in compliance with Massachusetts Design and Construction Standards. A copy of the paid bill must be submitted to this office upon completion of said work. All disturbed areas within the State Highway Layout must be graded, loamed,and seeded to the Engineer's . satisfaction. The Grantee(s)shall be responsible for all litter and debris generated during the proposed construction as described herein. DRAINAGE AND UTILITY CASTINGS "The use of risers to adjust drainage and utility structures will not be allowed. All adjustment work done to existing or new drainage structures shall conform to Section 220 of MassHighway Standard Specifications and according to Plates 201.3.0 and 202.9.0 of MassHighway Standards." ENVIRONMENTAL LIABILITY AND COMPLIANCE The Grantee(s)assumes all risk associated with any environmental condition within the subject property and shall be solely responsible for all costs associated with evaluating,assessing,and remediating,.in accordance with all applicable laws, any environmental contamination(1)discovered during Grantee's work or activities. under this Permit to the extent such evaluation, assessment or remediation is required for Grantee's work,or(2) resulting from the Grantee's work or activities under this Permit. The Grantee(s)shall notify MassHighway of any such assessment and remediation activities. f - IVOv lu uJ uy:.5ya IiHNC UUU tlAu"Utz JluKC butsIlblUU1 p.I PENDERGAST FALMOUTH ROAD REALTY TRUST(Cont.) -5 5-2009-0106 The Grantee(s)is hereby held solely responsible for obtaining and maintaining any and all environmental compliance permits required by local, state,and federal laws and regulations when regular or emergency work is proposed within, or in close proximity to, any wetland area.'These environmental compliance requirements include,but are not limited to, a Negative Determination of Applicability or Order of Conditions from the local ConseR,ation Commission,a Water Quality Certificate from the Department of Environmental Protection,and a Programmatic General Permit from the U.S.Army Corps of Engineers. The Grantee(s)shall forward to MassHighway a copy of each such environmental compliance permit. CLOSING CONDITIONS ALL OF SAID WORK SHALL COMPLY WITH THE TERMS AND CONDITIONS HEREIN,AND MUST BE DONE AS DIRECTED BY AND TO THE SATISFACTION OF THE ENGINEER. All work and materials used must conform to the 1995 Metric Edition of the"Commonwealth of Massachusetts,Highway Department, Standard Specifications For Highways and Bridges"as amended. All construction shall conform to the 1996 Metric Edition of the "Commonwealth of Massachusetts,Highway Department, Construction and Traffic Standard Details" as amended. The Grantee(s)shall indemnify and save harmless the Commonwealth and MassHighway against all suits, claims or liability of every name and nature arising at the time out of or in consequence of the acts of the Grantee(s) in the performance of the work covered by this Permit and/or failure to comply with the terms and conditions of this Permit whether by themselves or their employees or subcontractors. THE GRANTEE(S) SHALL CONTACT THE PERMITS SECTION AT(508) 884-4211 WHEN THE WORK REQUIRED UNDER THIS PERMIT HAS BEEN COMPLETED IN ORDER FOR A FINAL INSPECTION TO BE PERFORMED BY MASSHIGHWAY. A COPY OF THIS PERMIT MUST BE ON THE JOB SITE AT ALL TIMES FOR INSPECTION. FAILURE TO HAVE THIS PERMIT AVAILABLE AT THE SITE WILL RESULT IN SUSPENSION OF THE RIGHTS GRANTED BY THE PERMIT.. No work shall be done under this Permit until the Grantee has communicated with and received instructions from MassHighway's District Highway Director at 1000 County Street,Taunton,MA 02780. The Permit shall be void unless the work herein contemplated shall have been completed before OCTOBER 6,2010. Dated at Taunton this 6th day of OCTOBER,2009. MassHighway, By Bernard McCourt District Highway Director FSJ: fsj cc: Foreman Nov 1U U9 U,9:aya UAHL UUU NHUNAUL a i UKt ou01 io iyu i p.o Notice to MassHi hwa } g Y of Completion of Work Grantee Name City/Town Project Location: Permit No. : Date Issued Subject to all of the terms, conditions and restrictions as described on the attached.Permit, permission is hereby granted to proceed with the work described within the Permit which has been issued to perform work within the State Highway Layout by the MassHighway,District Five,1000 County Street, Taunton, MA 02780, (508) 824-6633. Please notify the Permits Section at (508) 884-4211, at least two (2) business days prior to starting the proposed work. Your attention is called to the time frame allowed for completion of said work which is found on the last page of the Permit. If the proposed work can not be completed prior to the expiration date or alterations to any of the Permit conditions become necessary, you must contact the Permits Engineer in writing to extend/amend the.Permit as soon as possible for review and approval of such request. Upon completion of the work described within the Permit, you must complete the bottom portion (do not detach) of this letter and forwarded it to MassHighway. A final inspection will then be.scheduled to be performed. If the work performed was found in compliance with the terms and conditions as outlined in the Permit, the Permit will then be signed off as complete and to the satisfaction of the Engineer. IF THIS NOTICE IS NOT RETURNED, THE GRANTEE'S LIABILITY ASSUMED UNDER THIS PERMIT WILL CONTINUE UNTIL THE PERMIT IS SIGNED OFF AS COMPLETE By Authority of the Massachusetts District Five Highway Director,Mr.Bernard McCourt, DHD. To MassHighway Attention Permits Office: I, the Grantee of the above.mentioned Permit, hereby notify you that the work outlined and authorized under the terms and conditions of said Permit,has been completed in accordance with all requirements of the MassHighway and request a final inspection to be performed. Work Completed on: Date: Permit Grantee's name:. Print: Signed: Date: Grantee(s)signature A notice of"sign-off'will only be sent at the request of the Grantee Massachusetts Highway Department•1000 County Street, Taunton, MA 02780 •(508)824-6633 f Nov lU Uy Uy:Jga UAr't UUU P'Hl,rv-\l7C J I VF\C vv�r r v iav r v n J l LDVJ f L ! ©LJ PERMIT NO. V HIGHWAY DEPARTMENT TRAFFIC DIVISION SKETCH COVERING PERMIT REQUESTED BY PIFNDEkG-657- F-ALIQUTll POR.D REALTj TkusT DATE IW103 FOR DRIVEWAY APPROACH IN A R IV 5 TA F3 L E ON ROUTE a 8 �o (B09-o177 L'MIT OF STATE HIGHWAY LAYOUT --_•— — �i RECENTLY REMOVED BY ---____ U.S.POSTAL SERNCE — —— —"— -------?—r��E:06:FAVE NT'— SAD — ROUTE 28 L0;(C,pND EX.OR11t� EXISTING'�N FALM(JUTH, R d TO REMAIN LOAM AND SEED r� - REMOVE IX DRIVEWAY APRON - N EXISTING CURB N - 8 INSTALL NEW CURB - 24 LT. - NSTALL NEW CURB ' — STATE .HIGHWAY) (MATCH EXISTNcI qIr Oss.9'1T. (MATCH EXISTING) (B�' WIDE 5'TA.330*39.7.24.6:T. —STRIPED STA.3J11E7.9 - 6� ELAN 7J.9'LT. ". . RIM STA.-Jl2a17.8 ' S. 5 3.5 14.Y LT. i 1 \/ iVbC "`. I : ' : t i : -- T o .•:@ill... . . : - -� °:......... ,AT ENTER'S -nw or.w•—gyp"ornv Y NO LE(`RN'SIEIw.ST1NG 111KE TRAIL/SIDE WA _�`�.��— .-•, - �•y r l off' ,..� -- -_ ice EXISTING �VALK Vf . i...... ::::�:?: ' � Ne .' lT2 r. �... —\ ;•i'•; - ili. - 0 O:: -I .....................:.. EMPLC BITUHIACUS PAVEN•' ...:..'..::.:'. :.:::..:.'.' .'..•.:.': :::.PAgp. I�GHY1\TURN .:: •; ESIS—ING OVERHANG• .'. .;-.'•:'::::: :•;:.� (,r 9GN N —_' k1495 EXIS-\•� I 11 \�.. ���� /� G�' J' 'CAPE'CODT!NG STORE PACKAGE STORE' 2 ...'••. .,r:- �� ONE STORY WOOD FRAME % �y F_RST FLOOR 47,5 4a! 20. n5 0.r \ \ '•' PSE OD BULDIND ADDITIONS EA'( 66.3 /41 Z \\ B CNw 47.5 _ ST07CADE I / \` \ \ .•('.fP�i,� y ©. \ M ONCE / 4 I76 �. M 1- D R7- y /. �\�\\ \•\r\.: /lea .. RIMS 1.1 V. 5 171 oKw ypC 1 v 1 1\ \\ a.79 P*Im1NDUi PAVEMENT E !;SBIEIG I N5 8, 11WS BTM SCALE 1" _40' BY NG NEER APPROVED BY �I do 11 c.cL �`. cr TRAFFIC ENGINEER 13 M M BROWN LINDQUIST FENUCCIO & RABER ARCHITECTS, INC. MEMORANDUM Date: December 17, 2009 r TO: Jeffrey Lauzon, Town of Barnstable Building Inspector FROM: Kurt Raber RE: Cape Cod Package Store 1495 Falmouth Road Centerville, MA CC: Dave S., File Below please find the code information you asked us to indentify for the subject project. Please call with any additional questions. Building Code Summary Applicable Codes Mass State Building Code 71h Ed. 521 CMR Architectural Access Board 248 CMR Fuel and Gas Plumbing Code 527 CMR 12 Mass Electrical Code International Mechanical Code General The project includes the Renovation and Additions to a primarily wood frame building above a basement consisting of poured in place concrete foundations walls, both new and existing. The east of the building will be two stories in height. , The building is currently and will continue to be fully covered by an automatic fire sprinkler system. Areas Basement: 5,284 GSF First Floor: 5,904 GSF Second Floor: 1,393 GSF Total 12,581 GSF 7 f Height Stories: 2 Max. in Feet/inches: 28'-0" Use and Occupancy Per 302.1.1 — Incidental uses are not required to be separated due to full sprinkler coverage. 302 Classification 302.3.1 -Non-separated Mixed Uses • Mercantile • Business • Storage Allowable Height and Area • Per table 503- Uses M, B and S all allow for a max. floor area of 9,000 SF, further uses M and S only allow for one story/20'-0". • Per 504.2—With a full sprinkler system the building height is allowed to be increased by 1 story and 20'. • Per 506 Area Modifications—Though not required for this project, the area of the building would also be allowed to be increased for both Frontage and Automatic Sprinkler Increase. The result of that calculation would equal approx 11,670 SF. Construction Type Type V-B— Unprotected/Combustible Per Table 601 —All building elements are allowed to have a "0" hour rating requirement. Per Table 602—the building stands alone with no others within 30'-0", as such there are no fire rating requirements based on Fire Separation Distance. 780 CMR 7.00 • All membrane penetrations will be sealed/fire-stopped. • 717-Fire stopping and draft-stopping will be provided in all concealed spaces 780 CMR 9.00 Fire Protection and Life Safety Systems • Full coverage with an Automatic Sprinkler System will be provided-design and documentation of the system will be a design build process—permits will be applied for separately. • The Fire Alarm and lighting system will also be a design build process—separate electrical permits will be applied for by others. 780 CMR 10.00 Means of Egress 1004.1 Design Occupant Load - In determining means of egress requirements, the number of occupants for whom means of egress facilities shall be provided shall be established by the largest number computed in accordance with 780 CMR 1004.1.1 through 1004.1.3. Table 1004.1.2 Maximum Floor Area per Occupant Occupancv Floor Area in SF per Occupant Mercantile 30 gsf/occ Business 100 gsf/occ Storage 300 gsf/occ Table 1005.1 Egress Width per Occupant Served Floor Level Area M B S Occupancies with Sprinkler System 30 100 300 Stairways Other Egress gsf/occ gsf/occ gsf/occ 0.2"/occ Components 0.15"/occ Lower Level 5,284 gsf 17.6occ 3.52" 2.64" 1st Floor 3,382 gsf 112.7 22.54 16.90 2,021 gsf occ 6.7 occ 4.2" 1.001, 506 gsf 5.06'occ 65.6" 0.75" 69.8" 17.65" 2" Floor 798 gsf 7.98 occ 1.95" 1.46" ' 524 gsf 1.75 occ • All doors and stairs are 36" or wider, far exceeding the total required egress widths at each level 780 CMR 1006 Means of Egress Illumination • All floors and egress elements will have emergency.lighting. 780 CMR 1007 Accessible Means of Egress • There are multiple accessible means of egress form the main retail space as well as the back of house areas at grade level. Table 1014.1 Spaces with One Means of Egress . Per this table the 2"d floor space part storage use and part business use, with a combined occupancy of 10 qualifies as allowable for one exit. Further, section 1018/table 1081.2 allows for B and S uses with a maximum of 30 occupants and 75 travel distance to have one exit. Table 1015.1 Exit Access Travel Distance Occupancy With Sprinkler System (feet) Use Group M, S-1 250 Use Group B 300` a. Buildings equipped throughout with an automatic sprinkler system in accordance with 780 CMR 903.3.1.1 or 903.3.1.2. See 780 CMR 903.0 for occupancies where sprinkler systems according to 780 CMR 903.1.2 are permitted. b. Buildings equipped throughout with an automatic sprinkler system in accordance with 780 CMR 903.3.1.1. Table 1016.1 Corridor Fire-Resistance Rating Occupancy Occupant Load Required Fire Resistance Served by Corridor Rating (hours) With Sprinkler System M, B, S Greater than 30 0 c. Buildings equipped throughout with an automatic sprinkler system in accordance with 780 CMR 903.3.1.1 or 903.3.1.2. Table 1018.1 Minimum Number of Exits for Occupant Load Occupant Load Minimum Number of Exits 1 —500 2 780 CMR 1019.0 Vertical Exit Enclosures • Per Exception #1 to 1019.1 -The occupancy of the 2"d floor is less than 10 we have not enclosed the stair to the office area above • In lieu of enclosing the stairs to the basement, which are currently open and required for constant loading in of goods, we have include a partition to divide the basement as well as doors at the grade level to isolate one side of the building (or each staircase)from each other. 780 CMR 13 Energy Efficiency • see below 780 CMR 34.00 Existing Structures 3400.3 Applicability: The provisions of 780 CMR 34 applies to repair,alteration, addition . or change in use to existing buildings. As most of the building is being significantly renovated, the remaining portions of the building will be upgraded to meet current requirements for structural design and energy efficiency. 521 CMR Architectural Access Board • The public area of the building and the two toilet rooms will be made fully accessible. 248 CMR Board of State Examiners of Plumbers and Pipe Fitters • Minimum Facilities For Building Occupancy: • Fully accessible Men's and Women's employee toilet rooms are provided. I •`. :} Bk 24147 7 Ps 318 6321 1. 1 1—o6-2009 & 02=03p 'BAIIRMOLE. Town of Barnstable '09 FEB 25 a 4 :13 Zoning Board of Appeals Decision and Notice Pendergast/Cape Cod Package Store w Appeal No. 2009-007-Special Permits-Section 240-93.B,Alteration or Expansion of a Pre-existing Nonconforming Building&Section 240-94.B, Expansion of a Pre-existing Nonconforming Use Seeks to expand and alter an existing nonconforming building housing a nonconforming use of a liquor store,the M Cape Cod Package Store Summary: Granted with Conditions Petitioner: Pendergast Falmouth RD Realty Trust(d/b/a Cape Cod Package Store) 0•- Property Address: 1495 Falmouth Road (Route 28),Centerville,MA Assessor's Map/Parcel: Map 209, parcel 081 M Zoning: HO, Highway Office Zoning District m Title Reference Deed Recorded Book 15793 Page 321 Relief Requested and Background: J The subject property is a 0.85-acre lot fronting on Falmouth Road (Route 28) and Old Post Road in Centerville. The lot is at the southwest intersection of Route 28 and Phinney's Lane and is developed- with a 4,697 sq.ft., commercial building that dates to 1930.. The building is occupied by a retail liquor store,the "Cape Cod Package Store", and.a professional real estate office. The property has two curb-cuts on Route 28 and two on Old Post Road. Two parking-areas exist; one to the west of the building and another to the east. A one-way interior drive runs parallel to Route 28. connecting the west with the east parking area. The applicant is proposing select additions to the existing building and adjustment to the interior of the structures. Upon completion of the proposed expansion,the first floor of the building is to have 5,813 gross sq.ft. and the second is to have 1,304 gross sq.ft. The retail sales is to occupy 4,038 sq.ft., retail redemption 156 sq.ft., storage areas total 4,291 sq.ft. and office use totals 916 sq.ft. Site changes include;expansion of the westerly parking area from 17 to 26 spaces, relocation and construction of a right-in and right-out only site entrance on Route 28, removal of the driveway situated to the front of the building, closure of the easterly curb-cut on Route 28, and remake of the easterly parking area. Overall site changes include improved landscaping, drainage, lighting, and relocation of existing signage.. To accomplish the proposal,the applicant has submitted two applications. The first is Appeal No., 2009-007 that requested two special permits in combination. The first is to alter/expand a nonconforming building pursuant to Section 240-93.B-Alteration or Expansion of a Pre-existing Nonconforming Building or Structure not used as a Single-or Two-family Dwelling. The second is to allow for the nonconforming retail use to expand pursuant to Section 240-943-Expansion of a Pre- existing Nonconforming Use. The second application is Appeal No. 2009-008 that sought a Variance to provision 1 of Section 240-94.B. That provision requires that"[a]ny proposed expansion of the i r Bk 24147 Pg 319 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use& Building [nonconforming] use shall conform to the established setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties." Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 22, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 28, 2009, and was continued to February 11, 2009, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were,William H. Newton, Craig G. Larson, Alex M. Rodolakis, George T.Zevitas and Board Chair, Laura F. Shufelt, Attorney Michael D. Ford represented the applicant. Also present during the hearing were members of the Pendergast family, Kurt E. Raber of Brown, Lindquist, Fennucio and Raber Architects, Inc., and Brian Yergatian of the BSC Group. Attorney Ford noted that the business is family owned and has been operating since 1940. He presented a brief history of the property and its use. Summarizing that both the use and building were legally created in conformance with zoning at the time they were created. Today,the area is zoned Highway Office, retail use is not allowed anymore, and the building does not conform to the required front yard setbacks of 45 feet. Attorney Ford noted that in order for the business to remain competitive it needs to expand and upgrade with improvements. Attorney Ford and Mr.Yergatian presented the proposed site improvements.The issue of traffic was discussed and Attorney Ford cited that he doesn't think the numbers warrant a traffic study. He indicated that the applicant would need Mass Highway review and approval for the alteration of the curb cuts on Route 28. The Board stated they would require right-on and right-out only for the access on Route 28. The Board inquired if rights to improve and use the state and town rights-of-ways had been given. Attorney Ford indicates that there is nothing in writing at this time but it would be secure at the time the building permit is sought. Public comment was requested. Dr. William Skinner, President of Mattakeese Village Homeowner's Association expressed concerns for the increase in traffic.and possible impacts on the intersection of Sachem Drive, Phinney's Lane and Old Post Road. He noted that the sight distance is very limited when exiting Sachem Drive.Attorney Ford Stated that the applicant is willing to assist in reconciling the situation but would need to review the issue before making any commitment. Ms. Shufelt indicates that letters have been submitted to the file from;John and Sharon Sorcenelli of 99 Cap'n Samadrus Road, Cotuit in support, email correspondence from Dr. William Skinner, a letter from Pol G. Hill of 63 Sachem Drive, Centerville who is not opposed but would like mitigation regarding increased traffic,Gene Mulligan on behalf of the Centerville Beautification Association favoring the proposed changes and encouraging additional trees and shrubbery be added, David Pollack of 23 Dunaskin Road, Centerville in support, Michael Collopy of 119 Cranberry Lane, Centerville in support, Reverend Robert Anthony in support, Bradford Lowe of 1480 Route 28, Centerville in support, and a letter from the Centerville Civic Association also in support. 2 - I Bk 24147 Pg 320 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use& Building The Board discussed the issue of traffic and the nature of relief being requested and determined to continue the appeals to February 11, 2009 to allow for additional review; including the Board's authority to grant a special permit and variance to a required provision of the permit, possible improvements at Sachem Drive at Phinney's Lane, and submission of draft findings and conditions to grant the appeals. At the continuance, Attorney Ford stated that he had discussed with Town Attorney, Ruth J. Weil,the issue of a variance to special permit provisions and they concluded that the Board can issue a variance to any provision of the ordinance. Attorney Ford noted that he had met with Dr. Skinner and members of the Town's Department of Public Works on the issue of Sachem Drive and sight distance. He stated that the resolution agreed to by all parties would be the posting of additional signage to warn traffic to proceed with caution and at a slower speed. Ms Shufelt noted a letter from Dr. Skinner has been submitted that withdrew the Association's opposition based upon the resolution of the Sachem Drive sight distance addressed by additional signage. JoAnne Miller-Buntich, Interim Director of Growth Management Department, addressed the Board noting that her department was withdrawing its concern for the traffic issue as the proposed curb cut is intended to be designed and conditioned upon being right-in and right-out only thereby eliminating all left turning movements on Route 28. With regards to site,plan review approval, it was noted that the conditions imposed still requires that approval. Mr. Pol G. Hill of 63 Sachem Drive, Centerville addressed the Board noting that he felt most drivers will ignore the signage being proposed and stating that he is still concerned with traffic at the intersection of Sachem Drive and Phinney's Lane. Findings of Fact: At the hearing of February 11, 2009, the Board unanimously made the following findings of fact with respect to Appeal No. 2009-007, a request for a Special Permit pursuant to Section 240-93.13, Alteration or Expansion of a Pre-existing Nonconforming Building and Section 240-94.13, Expansion of a Pre-existing Nonconforming Use: 1. In Appeal No. 2009-007, Pendergast Falmouth RD Realty Trust is seeking to expand a nonconforming retail sales business, the Cape Cod Package Store, and to alter and expand a nonconforming building by special permit. The subject lot is approximately 36,000 sq.ft. (.85 acres) and is located at 1495 Falmouth Road (Route 28) and Old Post Road in the village of Centerville. The lot is within the Highway Office Zoning District. It is developed with a single story building which houses the package store including accessory office and storage space owned and operated by the Pendergast family. The building also contains a one-room real estate office which is a principal permitted use in the district. 2. The alteration and expansion of a pre-existing, legally-created nonconforming use is permitted by special permit pursuant to Section 240-94.6 of the zoning ordinance. Alteration and expansion of pre-existing, legally-created nonconforming buildings that do not increase the degree of nonconformity is allowed by special permit pursuant to Section 240-93.B. The applicant has requested the permits to allow for the expansion of the liquor store to provide 3,882 sq.ft. of retail sales area and 1,018 sq.ft. of accessory store offices and storage areas on the first floor. The 3 i Bk 24147 Pg 321 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use& Building existing 7,753 sq.ft. building is to be enlarged by 1,490 sq.ft. Areas of that expansion are proposed within the required front yard setbacks for the zoning district, however not increasing the degree of the infringement established by the existing building. 3. In concert with the expanded building area and use,the applicant has proposed a series of site improvements that include increasing on-site parking, closure of the easterly curb cut on Route 28 and relocation and reconfiguring of the westerly curb cut to function as a right-in and right-out divided driveway only. The plans also make adjustments to the parking, redemption and_delivery areas and to the walkways, drainage and landscaping to improve circulation and function. The site improvement plans have been reviewed by the site plan review committee and submitted to the Board. As of the date of this report, no site plan approval letter has been issued. 4. Public testimony has been received and concerns raised include; the need for proper sight distances on Sachem Drive at Phinney's Lane,and the site's exit driveways on Old Post Road as some drivers do not perceive the need to stop before exiting onto Old Post Road. The Applicant has agreed to attempt to address those issues and the Centerville Civic Association has issued a letter in support of the proposed expansion and improvements. 5. The Board is also concerned that the applicant can secure the rights to make improvements as shown on the plans submitted. They include;those proposed improvements on certain areas located off the applicant's lot and situated within right-of-ways of the Commonwealth and Town of Barnstable; and Mass Highway's approval for the adjustments to the Route 28 curb-cuts as shown on the plans. 6. With respect to Section 240-94.B Expansion of a Pre-existing Nonconforming Use,the retail sale of liquor was legally-created in conformity to zoning. It became nonconforming on July 6, 1998 with the rezoning of this area to Highway Office (HO) by Town Council adoption of Order No. 98-133. The rezoning to Highway Office no longer permits retail sales. The lot, with the nonconforming retail sales use, existed prior to July 6, 1998 and the proposal and associated improvements are on that same area as occupied by the nonconforming use on the date it became nonconforming. The use is not expanded beyond the zoning districts in existence on the date it became nonconforming. 7. Provided certain safeguards are imposed to assure safe ingress and egress to the site that restricts left turning movements from and out to Route 28, the proposed expansion of the retail sales will not be more detrimental to the neighborhood affected or the general public. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2009-007 subject to the following conditions: 1. Development of the site shall be as proposed in plans submitted to the Board consisting of 6 sheets, entitled "Commercial Redevelopment Cape Cod Package Store#1495 Falmouth Road Centerville, MA" dated May 16, 2008 last revised July 15, 2008 as prepared by BSC Group and consisting of, Sheet 1 Title Sheet, Sheet 2 Existing Conditions Plan, Sheet 3, Layout Plan, Sheet 4 Grading, Drainage & Utilities Plan, Sheet LS1.0 Landscape Plan, Sheet 6 Civil Details. 4 f I , Bk 24147 Pg 322 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use& Building 2. The building shall be as proposed in plan submitted to the Board consisting of 5 sheets, entitled "Additions & Alterations to the Cape Cod Package Store 1495 Falmouth Road, Centerville, MA" dated 02-29-08, last revised 10-06-08 as drawn by Brown, Lindquist, Fenuccio and Raber, Architects Inc., consisting of Sheet A1.1 Proposed First floor Plan, Sheet A1.2 Proposed Second Floor Plan, Sheet A2.1 Elevations, Sheet EX1 Basement Plan, Sheet EX2 First Floor Plan. 3. The above referenced site plan shall be modified to include positioning of stop signs (or stop ahead) at the exit of the two driveways out to Old Post Road, including painted stop lines and the word "STOP" on the pavement of the exit lanes. The center curbed island along Old Post Road shall be defined by a yellow painted line on the interior paved side of the existing curb. Signage shall also be incorporated on the exit to Route 28 stating"RIGHT TURN ONLY" out from the parking lot. Signage shall alsobe-incorporated-on:Route 28 stating "NO LEFT TURNS" into the site. [A plan for the signage and markings shall be developed and submittedTto the Dep_artmerit of) Pub it c Works.for review and appco_v_al_prior to issuance of any building permit'in re gal nce of this special permit. The proposed signage on and abutting Route 28 shall be incorporated into the Mass Highway application for permitting of the alteration to the curb cuts on Route 28. 4. The use being regulated by this special permit is that of the nonconforming retail sales of alcoholic beverages from the property and the expansion of the building housing that use. The existing professional office use, the real estate office, is a principal permitted use allowed as-of-right and so it is not governed by this permit. 5. Upon completion of the improvements, the retail sales area including the walk-in cooler and vestibule area shall not exceed 4,030 sq.ft., as shown onyproposed plans for improvements submitted to the file. Retail sales are expressly prohibited for any otherF "areaf the building. The basements shall only be used for accessory storage,and_utilities.. Th�d`floor shall only be used for accessory office and storage to the retail sales use. 6. All construction and renovations to the structure shall comply with applicable building,fire and health codes. 7. The applicant shall be responsible for securing permission to make all improvements situated on property not owned by the applicant and shown on the plans submitted, and permission to use those off-property areas for the purposes shown on the plan. Proof of those rights and permission shall be submitted to the Building Division and to the Board's file prior to the issuance of any building permit in reliance of this special permit. 8. The applicant shall also be responsible for securing Mass Highway approval for the closing of the easterly curb-cut and adjustments of the westerly curb-cut as shown on Sheet 3, the layout plan submitted and approved by the Board. Copies of Mass Highway approval shall be submitted to the Building Division, the Town Engineer and to the Board's file. Upon receipt of state approval, the Town Engineer shall verify that the state approved curb cut is substantially consistent with the curb cut shown on the plan submitted and consistent with preventing left turning movements into and exiting the site onto Route 28. No building permit for the proposed alterations and expansion shah issue until after written verification is made by the Town Engiy neer,; Should the plan approved by Mass Highway not match that shown on the approved site plan conditioned herein, the issue shall be referred back to the Zoning Board for a new public hearing on this special permit. 9. The applicant shall also be responsible to assure that additional signage is installed to alert motorist to turning traffic at the intersection of Phinney's Lane, Old Post Road and Sachem Drive. s' ., . Bk 24147 Pg 323 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use&.Building The type and location of the signage shall be as determined by the Department of Public Works and the cost of the signs and installation shall be the responsibility of the applicant. 10. Upon completion of the site and building improvements authorized herein,the applicant shall be responsible for restoring the Route 28 pedestrian/bicycle pathway as it abuts the area to be improved to the standards of the Department of Public Works, including handicapped accessibility requirements. This shall be completed prior to the issuance of an occupancy permit for the addition to the building or by securities being posted with the Town. 11.This permit shall expire one year from the date of filing of the decision with the Town Clerk except that it may be tolled by the applicant during that time that the required approval of Mass Highway is sought and that time is needed to secure permission from abutting landowners to use and make improvements on those areas of the site plan not owned by the applicant. To toll the time provided by this condition,the applicant must annually provide a letter to the Building Commissioner with a copy to the Board's file summarizing the progress to that date. This provision for tolling of the permit is in addition to any tolling of the permit by reason of an appeal of this decision made pursuant to MGL Chapter 40A, Section 17. The vote was as follows: AYE: William H. Newton, Craig G. Larson,Alex M. Rodolakis, George T.Zevitas, Laura F. Shufelt NAY: None Ordered: Special Permit No. 2009-007 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. d �o Laura F. Shufelt, C air Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massach6 ° * g certify that twenty(20) days have elapsed since the Zoning Board of Appeals file; � •t�., that no appeal of the decision has been filed in the office of the Town Clerk. - to Signed and sealed this ! da I C' UO under the pains as�d"pC r,r . �• .:) ' }� Linda Hutchenrider, Town Clerk i 6 f Bk 24147 Pg 324 #63211 '•i NOTICESLEGAL TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING OROINANCE JANUARY 28,2009 To ail persons Interested in,or affected by the.Zoning Board of Appeals under Section 11,of Chapter 40A of the General Laws of the Commonwealth of Massachusetts;and all amendments thereto.'.., you are hereby notified that: . 7:15 PM, Appeal2009-0D1: Mill Way RealtyTnst,Nenry E.Blair,Trustee Mill Way Realty Trost',Henry E:Blair,Trustee has petitioned for a,. Special Permit pursuant to Section 240-23.C(1)Con#onal Uses . in the MB-B Business District.The petitioner is seeking the permit for the use of an existing fish market to include a restaurant with` outsideseating.Thesubjectpropertyisaddrbssed275MiIIwayRoad, Barnstable,MA and is shown onAssessor's Map 301 as Parcel 063. '001.It Is In a Marine Business B Zoning District. 7:30PM' Appea12009.004 ' Kohler: Peter and Rose Kohler have appealedthe,decisjon ofthe Building Commissionerissued Septeinber22,.2008.regarding EAC.Disposal. dlb/a Cape Resources Company.Theappellanlsareappealingthe Building Commissioner's determination that no enforcement scuon is needed w th respects to the ectivities being canied.oh by Cape j Res6urcesCompany'at28d01dFalmouthRoad,MarstonsMils,MA. �. Thepropertyatissue.isshownonAssessor'sMap100as parcel 0.08.., The appeal is being made pursuant to MGL Chapter40A,Section 15 and is seeking the enforcement of the terms and conditions of the. Zoning Board of Appeals Decision issped in•Appeai No.1996=014. The subject property is in a Residence F Zoning District and a GP i Groundwater Protection OPerlay:District: .7:45 PM " Aopea12909-00T. , PeridergastlCape Cod Package Store. PeridergastFalmouth RD RealtyTrust has petitioned for a Special i Permit pursuant to Section 240.93.8,Afteration'or Expansion of a l .Preexisting Nonconforming Building or Structure not used as a Single-orTwo-family Dwellings and Section.240-94.B,Expansion of a Pre-existing Nonconforming Use, The petitioner is.seeking` to expand and alter an existing noncooforritipg.bAding housing 'a nonconforming use of a h4uorstore,the Cape Cod.Package Store. The proposal is to axpand the existing building with,696 square feet of retail and 428squ4re feet of office space.The location of the proposed expanded building area does not conform to the required. setbacks for the district, The subject property is addressed 1495 Falmouth Road(Route 28),Centerville;MA and is shown'on As senior's Map,209 as parcel 081. It is iri the'HQ Highway.Office 1 i ZoningDistricL ;.:.�, =:,..> : ...y..:•.: . 7:46 PM ;Appsa12009-04 ''t PendergastlCape Cod Package Store ' •. Pendergast Falmouth RORealtyTrust has applied fare ance to Section 240.94.E provision 1.That provision requires that`[alny ( proposedexpansionofthe[noaconforrning]aseshallconformfothe'- {� established setbacks for the zoning district m which ifis located,or.: such greater,setbacks as the Zoning Board ofAppeals may require due to the nature of tlie.usa and Its impact on the neighborhood:1 l' and surrounding properties' The.locations of th 'proposed addi= tons are within the district's required 45-foot front y@rd.setbaok off Falmouth Road(Route 28)and Old Po'stRoad."Thesubjectproperty? is addressed 1495 Falmouth Road(Route 28),Centerville,MAand is shown on Assessor's Map 209 as parcel 081. Itisin:the.HO;':' Highway Ott}oo2oning District.` ;> These Public Headngs'will be held.at the Barnstable Town Hall; 367 Main Street,Hyannis,MA,Hearing Room,21"Floor,Wednesday, January 28,2009. Plans and applications may be reviewed atthe Zoning Board ofAppeals Office,Growth Management Department, Town Offices,200 Main Street,Hyannis,MA.; Laura F.Sliufeh,Chair: Zoning Board of Appeals The Barnstable Patriot January 9 and January 16,2009 I Bk 24147 Pg 325 #63211 Q' AbutterReport Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel ' ' 1owN0FOARtr'Si-1BLE (s): 209081 ASSESSOR'S Ci F- It,p Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. '08 DEC 31 M2 :06 Total Count: 20 ( ��' Close Map&Parcel Ownerl Owner2 Addressl Address 2 Mailing Country De CityState2ip 209005 SKINNER,WILLIAM 8 SACHEM DR CENTERVILLE, USA 66; 1 E&EDITH MA 02632 209006 SKINNER,WILLIAM WILLEDITH TRUST 8 SACHEM DR CENTERVILLE, USA 44( E TRUSTEE MA 02632 209007 PARKAS,JAMES A& 5 SACHEM DR CENTERVILLE, USA 26: KATALIN M MA 02632 209015 ONE CENTER PLACE 297 NORTH ST HYANNIS,MA USA 97: LP 02601 209016 BENCHMARK GPT 40 WILLIAM ST STE 350 WELLESLEY,MA 221 CENTERVILLE LLC 02481 209017 QUEENEY, 158 SCUDDER BAY CENTERVILLE, . ADELAIDE TR CIR MA 02632 USA 84: 209018 . BALDASARO,JOHN %LOWE, BRADFORD 12 BARBARA N DARTMOUTH, A&MACHADO, E J W COURT MA 02747 USA 31:/ CUMBERLAND CANTON,MA 209019 FARMS INC 777 DEDHAM S7 02021 USA 71; LUNDBERG, C/O ROBERT SNIDER, FRAMINGHAM, / 209020 EDMUND M& ESQ 11 CAHILL PK DR MA 01702 USA 30; SIMON,J 209028 HOULE, PAUL]& 23 SACHEM DR CENTERVILLE, 15'." STEPHANIE B MA 02632 POTTS, RUSHTON H %BROWNE,JACKLYN 191 OLD POST CENTERVILLE 209052002 &BROWNE, W&POTTS, ROAD MA 02632 USA 11( JACKLYN W RUSHTON H 209052007 HINT,IAN D& 99 PHINNEY'S LN CENTERVILLE, USA I9f i JESSICA L MA 02632 CROSBY, MARIANNE CENTERVILLE, 209054 C 123 PHINNEYS LN MA 02632 14( 209055001 CPPA(INVESTMENT 295 CHANNING RD BELMONT,MA USA 19( 02478 MARSTONS 209055002 HUFNAGEL,ADAM PO BOX 251 MILLS,MA 19; 02648 209057 NELSON, ELNA R TR ELNA R NELSON REAL 205 OLD POST RD CENTERVILLE, 21: ESTATE TRUST MA 02632 209081 PENDERGAST,JOHN PENDERGAST P 0 BOX 576 CENTERVILLE, 15; J JR&ANN D TRS FALMOUTH RD TRUST MA 02632 209082 FALMOUTH ROAD, 487 STATION AVE S YARMOUTH, USA 18: LLCMA 02664 209083 MASS SOCIETY FOR OF CRUELTY TO 1577 FALMOUTH CENTERVILLE, USA PREVENTION ANIMALS(MSPCA) RD MA 02632 TUCHOLSKI _ CENTERVILLE, 209099 STANLEY A 130 PHINNEYS LN MA 02632 USA 55: This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is BARNSTABLE REGISTRY OF DEEDS K213012008 http://www.town.bamstable.ma.us/arcims/appgeoapp/AbutterReport.aspx?type=ZBA r E=k 24149 Ps237 *W633_54 ,4 : 1 1-09-2009 a 10;00a a&werna�e O.A. ♦ I ' Town of Barnstable '09 FEB 25 P 4 :13 Zoning Board of Appeals Decision and Notice Pendergast/Cape Cod Package Store Appeal No. 2009-008—Variance to Section 240-94.B provision 1 To allow expansion of the Building into the required 45-foot front yard setback off Falmouth Road (Route 28)and Old Post Road Summary: Granted with Conditions Petitioner: Pendergast Falmouth RD Realty Trust(d/b/a Cape Cod Package Store) Property Address: 1495 Falmouth Road (Route 28),Centerville,MA Assessor's Map/Parcel: Map 209, parcel 081 Zoning: HO, Highway Office Zoning District Title Reference Deed Recorded Book 15793 Page 321 Relief Requested and Background: The subject property is a 0.85-acre lot fronting on Falmouth Road (Route 28) and Old Post Road in Centerville. The lot is at the southwest intersection of Route 28 and Phinney's Lane and is developed with a 4,697 sq.ft., commercial building that dates to 1930. The building is occupied by a retail liquor store,the "Cape Cod Package Store", and a professional real estate office. The property has two curb cuts on Route 28 and two on Old Post Road. Two parking areas exist, one to the west of the building and another to the east. A one-way interior drive runs parallel to Route 28 connecting the west with the east parking area. The applicant is proposing select additions to the existing building and adjustment to the interior of the structures. Upon completion of the proposed expansion,the first floor of the building is to have 5,813 gross sq.ft. and the second is to have 1,304 gross sq.ft. The retail sales is to occupy 4,038 sq.ft., retail redemption 156 sq.ft., storage areas total 4,291 sq.ft. and office use totals 916 sq.ft. Site changes include; expansion of the westerly parking area from 17 to 26 spaces, relocation and construction of a right-in and right-out only site entrance on Route 28, removal of the driveway situated to the front of the building, closure of the easterly curb cut on Route 28, and remake of the easterly parking area. Overall site changes include improved landscaping, drainage, lighting, and relocation of existing signage. To accomplish the proposal,the applicant has submitted two applications. The first is Appeal No. 2009-007 that requested two special permits in combination. The initial part is to alter/expand a nonconforming building pursuant to Section 240-93.B-Alteration or Expansion of a Pre-existing Nonconforming Building or Structure not used as a Single-or Two-family Dwelling. The next part of the permit request is to allow for the nonconforming retail use to expand pursuant to Section 240-94.B -Expansion of a Pre-existing Nonconforming Use. The second application is Appeal No. 2009-008 that sought a variance to provision 1 of Section 240-94.B. That provision requires that"[a]ny proposed expansion of the [nonconforming] use shall conform to the established setbacks for the - l Bk 24149 Pg 238 #63354 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package store—Variance No.2009-008 Variance to 240-94.B Provision(1) zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties." Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 22, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 28, 2009, and was continued to February 11, 2009, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were, William H. Newton, Craig G. Larson, Alex M. Rodolakis, George T. Zevitas and Board Chair, Laura F. Shufelt, Attorney Michael D. Ford represented the applicant. Also present during the hearing were members of the Pendergast family, Kurt E. Raber of Brown, Lindquist, Fennucio and Raber Architects, Inc.,and Brian Yergatian of the BSC Group. Attorney Ford noted the business is family owned and in operation since 1940. He presented a brief history of the property and its use. Summarizing that both the use and building were legally created in conformance with zoning at the time they were created. Today,the area is zoned Highway Office, retail use is not allowed anymore and the building does not conform to the required front yard setbacks of 45 feet. Attorney Ford noted that in order for the business to remain competitive it needs to expand and upgrade with improvements. Attorney Ford and Mr. Yergatian presented the proposed site improvements.The variance relief is needed to allow for the expanded retail sales to be located in that part of the building that is being expanded into the required 45-foot front yard setback. Provision 1 of the special permit Section 240-94.13 explicitly does not allow for the expansion of a nonconforming use within the required minimum front yard setback. In this district that setback is 45 feet. Attorney Ford noted that when applied to the triangular shaped lot along two roadways, Route 28 and Old Post Road, it permits only a small sliver of the lot as developable. The existing building is all now within that 45-foot setback and this provision virtually eliminates possible expansion. Public comment was requested. Dr. William Skinner, President of Mattakeese Village Homeowner's Association expressed concerns for the increase in traffic. Ms. Shufelt indicated that letters had been submitted to the file from;John and Sharon Sorcenelli of 99 Cap'n Samadrus Road, Cotuit in support, email correspondence from Dr. William Skinner, a letter from Pol G. Hill of 63 Sachem Drive, Centerville who is not opposed but would like mitigation regarding increased traffic, Gene Mulligan on behalf of the Centerville Beautification Association favoring the proposed changes and encouraging additional trees and shrubbery be added, David Pollack of 23 Dunaskin Road, Centerville in support, Michael Collopy of 119 Cranberry Lane, Centerville in support, Reverend Robert Anthony in support, Bradford Lowe of 1480 Route 28, Centerville in support, and a letter from the Centerville Civic Association also in support. The Board discussed the issue of traffic and the nature of relief being requested and determined to continue the appeals to February 11, 2009 to allow for additional review; including the Board's authority to grant a special permit and variance to a required provision of the permit, possible improvements at Sachem Drive at Phinney's Lane, and submission of draft findings and conditions to grant the appeals. 2 Bk 24149 Pg 239 #63354 Town of Barnstable—Zoning Board of Appeals—'Decision and Notice Pendergast/Cape Cod Package Store—Variance No.2009-008 Variance to 240-94.B Provision(1) At the continuance, Attorney Ford stated that he had discussed with Town Attorney, Ruth J.Weil, the issue of a variance to special permit provisions and they concluded that the Board can issue a variance to any provision of the ordinance.Attorney Ford noted that he had met with Dr. Skinner and members of the Town's Department of Public Works on the issue of Sachem Drive and sight distance. He stated that the resolution agreed to by all parties would be the posting of additional signage to warn traffic to proceed with caution at a slower speed. Ms Shufelt noted a letter from Dr.Skinner has been submitted that withdrew the Association's opposition based upon the resolution of the Sachem Drive sight distance issue by additional signage. JoAnne Miller-Buntich, Interim Director of Growth Management Department, addressed the Board noting that her department was withdrawing its concern for the traffic issue as the proposed curb cut is intended to be designed and conditioned upon being right-in and right-out only thereby eliminating all left turning movements on Route 28. With regards to site plan review approval, it was noted that the conditions imposed still requires that approval. Mr. Poi G. Hill of 63 Sachem Drive, Centerville addressed the Board noting that he felt most drivers. will ignore the signage being proposed and stating that he is still concerned with traffic at the intersection of Sachem Drive and Phinney's Lane. Findings of Fact: At the hearing of February 11, 2009, the Board unanimously made the following findings of fact with respect to Appeal No. 2009-008, a request for a Variance to Section 240-94.8 Provision 1 to allow expansion of the Building into the required 45-foot front yard setback off Falmouth Road (Route 28) and Old Post Road. 1. In Appeal No. 2009-008 Pendergast Falmouth RD Realty Trust is seeking to expand a nonconforming retail sales business, the Cape Cod Package Store, and to expand and alter a nonconforming building by special permit. The subject lot is approximately 36,000 sq.ft. (.85 acres) and is located at 1495 Falmouth Road (Route 28) and Old Post Road in the village of Centerville. The lot is within the Highway Office Zoning District. It is developed with a single story building which houses the package store including accessory office and storage space owned and operated by the Pendergast family. The building also contains a one room real estate office which is a principal permitted use in the district. 2. The expansion of a pre-existing, legally-created nonconforming use is permitted by special permit pursuant to Section 240-94.13 of the zoning ordinance. Alterations, including expansion of pre- existing, legally-created nonconforming buildings that do not increase the degree of nonconformity are allowed by special permit pursuant to Section 240-93.B. However, in this case, the expanded areas of the building are situated in the 45-foot front yard setback. Provision 1 of Section 240-94.13 specifies that "any proposed expansion of the use shall conform to the established setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties." 3. The subject lot is triangular in shape and is located at the intersection of Route 28, Phinney's Lane and Old Post Road. The shape of the lot is unique to the zoning district in which it is located as two of its three sides require the 45-foot setback. As a direct result of the shape of the parcel, a 3 i Bk 24149 Pg 240 #63354 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Variance No.2009-008 Variance to 240-94.B Provision(1) literal enforcement of the ordinance creates a hardship as virtually no addition can be accommodated without infringing into this 45-foot setback. 4. The proposed expansion is a modest expansion of the building and when compared to the overall proposed improvements to the site and building, it would not be detrimental to the public good, nor would it be in derogation of the spirit and intent of the ordinance as the expansion will not be located any closer than the closest portion of the existing building to Route 28 and Old Post Road. In addition, much of the existing front yard area abutting Route 28 is paved and devoted to traffic and parking. That area is to be restored to a landscaped front yard area more in keeping with the objectives for yard setbacks. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Variance No. 2009-008 to Provision 1 of Section 240-94.6 subject to all conditions of Special Permit No. 2008-007 issued to the applicant for the expansion of the nonconforming use and building. This variance may only,be used in concert with that special permit. Should that special permit expire this variance shall also expire. The vote was as follows: AYE: William H. Newton, Craig G. Larson, Alex M. Rodolakis, George T.Zevitas, Laura F. Shufelt NAY: None Ordered: Variance No. 2009-008 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. —71 Laura F. Shufelt, Chair Date Signed �=� "••:,��'j • ,ic '� I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, MassaA certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed ft that no appeal of the decision/has been filed in the office of the Town Clerk. r� �+ Signed and sealed this , day 'CG{ U under t e pains and pe`ga �� x t Z Linda Hutc enri er, own Clerk. 4 i Bk 24149 Pg 241 #63354 LEGAL NOTICES TOWN OF BARNSTABLE ZONfNG.BOARD OF APPEALS NOTICE OF PUBLIC HEARING., UNDER THE ZONING ORDINANCE.. JANUARY 28,2009 ' To all persons interested in,or affected by the.Zonurg Board of :r Appeals under Section 11,of Chapter 40A of the General Laws of ' the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:16PM. Appeat2009.001 ",:;' Mill Way Realty Trust,Henry E.Blair,Trustee Mill Way Really Trust;Henry E:Blair,Trustee has petitioned for a Special Permit pursuant to Section 240-23.C;(1)Conditional Uses in the MB-13 Business District The petitioner is seeking the permit for the use of an existing fish market to include a restaurant With'' outsldeseating:Thesubje6tprdpertylsaddr2ssed275Mil6ayRoad, Barnstable,MAand is shown on Assessors Map 301 as psrcel063. 001. It is in a Marine Business B Zoning Disldct 7:30PM Appeal2009-004 Kohler Peterand Rose Kohlei have appealed the decision ofthe Building CommissionerissuedSeptember22,20. regarding EACD!sposal., dfbla Cape Resources Company.The Appellantsare appealing the 'Building Cominissioner's determination that no enforcement action is needed with respects to the activities tieing carried on by Cape j ResoumesCoinpanyat28001d Falmouth Road,MarstonsMills,MK ` The properryatissueisshown ohksessAlvlap 100asparcel006.. TheappealisbeingmadepursuanttoMGLChapter40A Sedipiil5. and is seeking the enforcement of the terms and conditions of the: Zoning Board of Appeals Decision issped 1RAppeal No.1996r014. The subject property is in a Residence F.Zoning District and a GP Groundwater Protection 04erlay.District 7:45 PM Appeal 2009.007. Pendergast(Caps Cod Package Store, Pendergast Falmouth RDReaityTrust has petitioned fora Special - Permit pursuant to Section 240-93.8,Alteration or Expansion of a Pre-existing Nonconforming Building or.Structure not used as a ; Single-or Two-family Dwellings and Section 240-94.B,Expansion' of a Pre-existing Nonconforming Use. The petitioner is.seeking, l .-to expand and alter an existing nonconforming building housing a, . nonconforming use of a fiquor store,the Cape Cod,Package Store. The proposal is to expand the existing building with M square feet. of retail and 428 s4tofo feet of office space, The location,of the proposed expanded building area does not conform to the required. setbacks for the district,The subject property is addressed 1496 Falmouth Road(Route 28),Centerville,MA and,is shown.on As,': sessor's Map 209.as parcel051:4t Is in'the H0;Highwvwtiffce Zoning District. t 7:45 PM ;Appea12009'-008 PendergastfCape Cod PackageStore �.. Pendergast FalmouthRDRealtyTrusthasappliedfor'Variance.: to Secton 240,-04.B provision 1.-That provision requires that'(a)ny p roposedexpa nslo n of the(nonconforming)use shall conform to the established setbacks forthe zoning elistriet io which it Is'looated,or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the Use'and its impact on the neighborhood:: and surrounding properties.'The locations of the'proposed add!-',; tions are within the district's required 454061 fronfyard.setback ! FaimouthRoad(Route 28)and Old Post Road..Th"ubjeefpropliq j is addressed 1495 Falmouth Road(Route 28),Centerville,MA arid is shown on Assessor's Map 209 as:parcel 081. It l iri:the.HO, Highway0fficeZoningDistrict., These Public Hearingshill be held,auh.e Barnstable Town flail; 367 Main Street,Hyannis,MA,Hearing Room,2n°Floor,Wednesday, January 28,2009. Plans and apprrcattons maybe reviewed at the Zoning Board of Appeals Office,Growth Management Department, Town Offices,200 Main Street,Hyannis;;MA'_-_.:'` ' • M Laura E.SliufeIt,Chair, ton rill Board of Appeals: The Barnstable Patriot January 9 and January 16,2009 A,butterReport ; Bk 24149 Fig 242v#63354 f � Zoning Board of Appeals (ZBA) Abutter List for Map & Parcels : WWNOVCARNSTANLE: ( '209081') ASSESSOR'S OFi'il'% Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. '08 BEC 31 P12 :06 Total Count: 20 Close Map&Parcel Ownerl Owner2 Addressl Address 2 Mailing Country De CltyStateZip 209005 SKINNER,WILLIAM 8 SACHEM DR CENTERVILLE, USA 66: E&EDITH MA 02632 209006 SKINNER,WILLIAM WILLEDITH TRUST 8 SACHEM DR CENTERVILLE, USA 44( E TRUSTEE MA 02632 209007 PARKAS,JAMES A& 5 SACHEM DR CENTERVILLE, USA 26: ' KATALIN M MA 02632 209015 OP E CENTER PLACE 297 NORTH ST HYANNIS, MA USA 97: 02601 209016 BENCHMARK GPT 40 WILLIAM ST STE 350 WELLESLEY, MA 22d CENTERVILLE LLC 02481 209017 QUEENEY, 158 SCUDDER BAY CENTERVILLE, USA 84: ADELAIDE TR CIR MA 02632 209018 BALDASARO,JOHN %LOWE, BRADFORD 12 BARBARA N DARTMOUTH, USA. 31:/ A&MACHADO,E J W COURT MA 02747 209019 CUMBERLAND 777 DEDHAM ST CANTON,MA USA 71. FARMS INC 02021 LUNDBERG, C/O ROBERT SNIDER, FRAMINGHAM, / 209020 EDMUND M& ESQ 11 CAHILL PK OR MA 01702 USA 30: SIMON,J 209028 HOULE, PAULI& 23 SACHEM DR CENTERVILLE, 15`•/ STEPHANIE B MA 02632 POTTS, RUSHTON H %BROWNE,JACKLYN N 191 OLD POST CENTERVILLE,209052602 &BROWNE, W&POTTS, ROAD CE TERV USA 11( JACKLYN W RUSHTON H HIM,IAN D& ' CENTERVILLE, 209052007 JESSICA L 99 PHINNEYS LN MA 02632 USA 19f i 209054 CROSBY, MARIANNE 123 PHINNEYS UN CENTERVILLE, 14( MA 02632 209055001 APA INVESTMENT 295 CHANNING RD BELMONT,MA USA 19( CORP 02478 MARSTONS 209055002 HUFNAGEL,ADAM PO BOX 251 MILLS,MA 19" i 02648 209057 NELSON, ELNA R TR ELNA R NELSON REAL 205 OLD POST RD CENTERVILLE, 21: ESTATE TRUST MA 02632 209081 PENDERGAST,JOHN PENDERGAST P 0 BOX 576 CENTERVILLE, 15: •• J JR&ANN D TRS FALMOUTH RD TRUST MA 02632 209082 FALMOUTH ROAD, 487 STATION AVE S YARMOUTH, USA 18: ✓ LLCMA 02664 209083 MASS SOCIETY FOR OF CRUELTY TO 1577 FALMOUTH CENTERVILLE, USA PREVENTION ANIMALS(MSPCA) RD MA 02632 209099 TUCHOLSKI, STANLEY A 130 PHINNEYS LN CENTERVILLE, TAN MA 02632 USA 55: This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is BARNSTABLE REGISTRY 4F DEEDS P r*"I�s hq://www.town.bamstable.ma.us/arcims/appgeoapp/AbutterReport.aspx?type=ZBA 12/30/200810194"- i PROJECT NAME: ,vt� Ov1 LISP �o ADDRESS: PERMIT# t0Sy1-t / PERMIT DATE: lei 06 f M/P: 1�ja LARGE ROLLED PLANS ARE IN: BOX SLOT Data entered in,MAPS program on: BY: q/wpfiles/archive �1HE r Sign TOWN OF BARNSTABLE . Permit BARNSTABLE, 9 MASS. �Ar16 9..�A Permit Number: Application Ref: 200902425 20070319 Issue Date: 06/29/09 Applicant: PENDERGAST, JOHN J JR& ANN D TRS Proposed Use: RETAIL & SERVICE STORE SMALL Permit Type: SIGN PERMIT Permit Fee $ 150.00 n - Location 1495 FALMOUTH ROAD/RTE 28 Map Parcel .209081 Town CENTERVILLE Zoning District SPLT Contractor PROPERTY OWNER Remarks 52 SQ FT SIGN FOR CAPE COD PACKAGE STORE FREESTANDING REFACE EXISTING APPROVED TEXT CHANGE PER BC TXT.6" r Owner: PENDERGAST, JOHN J JR 8F ANN D TRS Address: P O BOX 576 CENTERVILLE.. MA 02632 Issued By: p _ �11TOST.T.. HIS CARD SO THAT I$ VISIBLE FROM THE STREET W ` � can+- 40 WT-V � r t. Y A Town of Barnstable` ., P�oFY"E T° , Regulatory Services Thomas F. Geiler,Director + BAR`78TABLE, MASS. $ Building Division $°rEo39. �Aim Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 nn �/ jj~X www.town.barnstable.ma.us SDD V Office: 508-862-4038 Fax: 508-790-6230 Permit tk ` Application for Sign Permit Applicant: CaperDd G Map & Parcel# O ]doing Business As: Cv� S>� Telephone No. �$ �275' 65- . � w Sign Location , 4 Street/Road: <P1 Zoning District:, Old Kings Highway? Ye /N Hyannis Historic District? Yes/ cis R� Property Owner Name: re4deeq 6S(- .t T Telephone:(SOX)7 7D XFO O a Address: �,5 �u(�,acp-f`� R d , Village: Sign Contractor /�/�Name: I' J'L, i v. Cv Tephone:��J�o� (Y= 272/ i Mailing Address: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of, 6 the new sign. This should be drawn on the reverse side of this application. p l SNP Is the sign to b electrified? Yes o (Note:If yes, a.wiring permit is required)C A.- Width of building face ft.x 10= x .10 Sq.Ft. of proposed sign f i I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240=59 through §240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent ZZ Oy Permit Fee: Sign Permit was approved: Disapproved: .Signature of Building Official: Date: In order to process application without delays all sections must be completed. 0:1 YYPFILESI SI GNnSIGNAPP.DOC Rev.9112106 s�.,. , f�Y i CAPE CIOD PACKAGE ICE CUM., s C. F "� ) ir 0 LOQUO i I E CUBFS - i W �'P C 2 o I - c Y3 CAPE COD PAC AGE ' STORE LIQUORS BEER WINE ,-,,,;w � t.Jr- S,i A' Cb LG le w)L I- R F C'114AI& �—O ICE To r�""l c. t34Ct�N R c►v//D /T-H (. -1711 7-r- t//1) 4 �.p P12iA17— /7�;- gLt-- x/S Tf/r /_36 T-~r/A CC-) P Y ltil!_.c. DRE: Z aW MER c# r- C e�O APPROVED BY. FlLENAME 11SP0. NUMBED MICHAEL D. FORD ATTORNEY AT LAW 72 MAIN STREET, P.O. BOX 485 -WEST HARWICH, NIA 02671 f 1? ,k ' 'f` 'TEL. (508)430=-1900 FAX (508)430=9979 ' 3r� EMAIL:mdf6sgl @veri2on:net"c� Date: December 22, 2008 TO: Ellen Swiniarski Hand Delivered 12/22/08 RE: "Cape Cod Package Store e Ellen: Please find the following: "Y 1. . Revised Site Plan which addresses the issues raised at Site Plan review. L Please let me know if there is anything else you will need with respect to this matter, as we would like to have this signed off on as.soon as possible where our application with the Board of Appeals is pending. Very truly yours, Michael D. Ford, Esq. CC W/O Enclosures: Clients; To Perry c� co, (-n m cry TOWN OF BARNSTABLE II SIGN PERMIT ( PARCEL ID 209 081 GEOBASE ID 12871 ADDRESS 1 1495 FALMOUTH ROAD (ROUTE PHONE CENTERVILLE ZIP - LOT PKG STR BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO I PERMIT 32181 DESCRIPTION ROZ'S DRAPERY DEN .- 35"X60" & 8"X6O" PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department.of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $35.00 BOND $_00 OxtHE CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE ; * BARNSTABLE, MASS. . �► j z639. �0 FD MA'S� IL DIN DIVISIOM DATE ISSUED 07/16/1998 EXPIRATION DATE �rhe Town of Barnstable $ l Department ®f Health, Safety and Environmental Services �. KAM Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen j Building Commissioner Fax: 508-790-6230 Application for Sign Permit Applicant: Assessors No. Gc Doing Business As:£�C t )zj �'�A Sf� 'telephone No OJ 77S-07/`} . Sign Location Street/Road: Zoning District: / �/ f Old Kings Highway? Yes o Property Owner S p - 7S� Z 6 Name: 'telephone: Address:J��� �%''L9O</,7`l / Village: �1tJ'�> '� I .� r Sign Contractor { Name: _ c GAr 'telephone: Sow- Zc - Address:1 �� r9/A/�S /C_C, ' Village: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yesc 6Votee ffyrs a wur sperm tis req'u&L-0 I hereby certify that I am the owner or that I have the authority of the owner to make this application, that the information is correct and that the use and construction shall conform to die provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of Owne;/Authorized Agent: : ly Size: Permit Fee: �— Disapproved: Sign Permit was approved: p o Signature of Building O al: Date: 7-"i� q . r Ap w w i Ai r� . 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Pendergast , Jr . ----------------------------------------------------------- At a regularly scheduled hearing of the Zoning Board of Appeals , held on January 09 , . 1992 , notice of which was duly published in the Barnstable Patriot , and forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts , the applicant , John J . Pendergast , Jr . , Trustee of S . J . Pendergast Trust of 1975 , represented by Attorney Philip Michael Boudreau , appealed a decision of the Building Inspector pursuant to Section 5-3 . 2 ( 1 ) - General Powers , Appeals from Administrative Officials . The applicant , aggrieved by the conditions imposed by Site Plan Review appealed to the Board to review and consider the conditions imposed and the validity of such powers being invested in the Site Plan Review Committee ( Section 4-7 - Site Plan Provisions ) , and its relationship to the issuance of a Special Permit ( Section 5-3 . 3 ( 2 ) (C) , Special- Permit Provisions ) . The applicant ' s site as shown on Assessor ' s Map/Parcel Number 209/081 , commonly addressed as 1491 Route 28 , Centerville , MA, • in a HB - Highway Business Zoning District . The applicant ' s request was discussed concurrently with . Appeal No . 19992-02 . That appeal was by the same applicant and for the same Location. The Board and applicant both agreed to discuss the two appeals concurrently . Attorney Boudreau argued that the process of Site Plan Review is an administrative process and that condition imposed by site plan review are at the applicant ' s discretion to implement . He contended that the applicant is not required as a result of going through Site Plan process to comply with any conditions imposed by the committee . Attorney Boudreau contended that Site Plan Review is just review process and that the site plan review committee does not have the right to impose conditions that are outside. a mere review of compliance with zoning . He feels they are exceeding their jurisdiction . The public was asked to speak , and no one addressed the issue facing the board . The Board Members discussed the purpose of the Site Plan �Y Review and the membership of the committee . It was contended that Site Plan Review' s obligations are to the Boards and permitting agencies of the Town to resolve those problems so . that they become miniscule , by the time they reach the Board . • It was also contended that Site Plan Review obligations are to provide suggestions and recommendations for Boards are permitting agencies within the town to ensure compatibility with town rules , regulations and development objectives . It was also noted that in accordance with Section 5-3 . 3 ( 2 ) (C•) , the granting of a Special Permit requires Site Plan Review and that plan be found to be approvable . The Board reaffirmed the need for Site Plan Review and determined that its finding would favor the denial of this appeal . At this point , Attorney Boudreau noted the applicant ' s desire is to secure the legal right to locate an interior design service and shop within the existing structure without the requirement to implement those conditions outside of the control of the applicant . Attorney Boudreau requested that Appeal 1992-01 be allowed to be withdraw with prejudice . DECISION : At the public hearing of January 09 , 1992 , a motion was duly made and seconded to allow the petitioner to withdraw with prejudice Appeal No 1992-01 . • The vote was as follows : AYES : BURMAN , BROWN , LALLY, NILSSON , JANSSON . NAYS : NONE. Appeal No . 1992-01 was allowed to be withdrawn with Prejudice. • • Any- person aggrieved by this decision may appeal to the. Barnstable Superior Court , as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a notce of action with the Barnstable Town Clerk: , within twenty (2()) days of the filing of this decision with the Barnstable. Town Clerks Off ice. Chairman Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty 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 day of 719 under the pains and penalties of perjury. Town Clerk. • DISTRIBUTION Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals . Town of ,Barnstab.le Zoning Board of Appeals Special Permit Decision and Notice =,- sax§ Appeal -No------1992-02 Applicant : John J . Pendergast , Jr . ----------------------------------------------------------- At a regularly scheduled hearing of the Zoning Board of Appeals , held on January 09 , 1992 , notice of which was duly published in the Barnstable. Patriot , and forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts , the applicant , John J . Pendergast , Jr . , Trustee of S . J . Pendergast Trust of 197.5 , represented by Attorney Philip Michael Boudreau , appealed for a Special Permit under Section 3-3 . 6 ( 3 )A , Conditional Uses in a Highway Business , and /or Section 4 . 4 , Non-Conforming Uses and Section 4-2 . 8 , Reduction of Parking Requirements . The applicant ' s site as shown on Assessor ' s Map/Parcel Number 209/081 , commonly addressed as 1491 Route 28 , Centerville , MA, in . a HB - Highway Business Zoning District . . The lot contains 35 , 8.50 sq . ft . The applicant ' s request was discussed concurrently with Appeal • No . 1992-01 . That appeal was by the same applicant and for the same location. . The Board and applicant both agreed to discuss the two appeals concurrently . Applicant ' s Proposal The applicant has proposed to .convert 1 , 009 sq . ft . (unit "B" ) of an existing 4 , 720 sq . ft . building from offices to retail /wholesale use . At present , 3 , 709 sq . ft . ( unit "A" ) is in use as a retail liquor store and the proposed use of unit "B" is for an interior design and decorating sale and show room know as "Roz ' s Drapery Den . Summary of Hearing : Attorney Philip Boudreau presented a prepared brief , explained the background of the building and establishing it as a legally pre-existing non-conforming structure in terms of dimensional requirements . The structure, and the unit "B" ( 1 , 009 . 5 sq . ft . ) has been used as a liquor store ( 1942-1966 ) , television sales/ repair shop ( 1966-1971. ) , restaurant ( 1971 - 1982 ) , doctor ' s office ( 1983-1986 ) , and insurance office ( 1986- 1989 ) . The insurance office is a permitted use in the HB Zoning District . After the insurance office vacated , the space remained empty until September 1991 at which time Roz ' s Drapery Den leased the unit . The Building Commissioner however refused to issue an occupancy permit citing the use as l C 1 retail and requiring a Special Permit within the HB Zoning • District . Attorney Boudreau represented that the new use , specifically that of a retail outlet for the sale of draperies , decorator items and that of products and services related to interior design does not substantially adversely affect the public health , safety , welfare , comfort or convenience of the community. That business being relatively innocuous , low in customer volume and in traffic generation Attorney Boudreau addressed the conditions imposed on to the site plan by Site Plan Review Committee and requested that the Board modify the decision of the Building Commission by striking the conditions . He represented that the applicant has no problem with creating and striping afire lane , provided it be required only on that land that he owns and has control over. The other condition imposed by Site Plan Review that the easterly curb cut on Route 28 be closed constitutes a futile expense to the petitioner . According to Attorney Boudreau , the area and intersection of Phinney ' s Lane and Route 28 is being redesigned and is planned for realignment within 2 to 4 years . This Mork when initiated will require the easterly most curb-cut to be eliminated . It would therefore be . premature to require closure and repair at this time given the fact that the area is going to be completely reworked . Attorney Boudreau discussed the seconded part of the applicant ' s request which is for a Special Permit in accordance with Section 4-2 . 8 , to grant a reduction in parking from the required 26 parking spaces to 22 parking spaces on- site . The request was made based upon the observed fact that peak parking hours for the Cape Cod Package Store are between 4 : 00 p .m . and 8 : 30 p .m. , Monday through Saturday . The peak hours for the new tenant , Roz ' s Drapery Den have been from 11 : 00 a .m. to 2 : 00 p .m. , Monday through Saturday . Dennis Ganrce owner of Roz ' s Draperies was present and explained to the Board that most of the business they have is out of peoples homes . Few customers come into the shop , most make appointments within their homes . Gail Nightingale , speaking as a private citizen , commented and questioned the "Fire Lane" being imposed by Site Plan Review, She does not feel Site Plan has the authority to impose fire lanes , such being reserved only for Toren Police . Dan Swartz , a businessman (45 Loomis Lane , Centerville , MA) , stated that for over twenty years he has observed the subject property and supports the application , because the property • has been very well maintained . He also stated that the T parking lot is never full and that there is sufficient parking to serve both businesses . No one spoke in opposition of the application . Finding of Facts : Based on the information presented , the Zoning Board of Appeals made the following findings of fact as related to Appeal No . 1992-02 : 1 . The proposed use is a Conditional Permitted Use within the Highway Business Zoning District in which the subject property is located provided a Special Permit from the Board is granted . 2 . The applicant has submitted a history documenting that uses within on the property and within the unit predates the adoption of zoning and non-conforming in use. 3 . The proposed use , that of sales of products and services related to interior design , will not have a detrimental effect on the neighborhood or surrounding businesses and residence . 4 . The establishment of a retail and service shop of 1 , 006 sq . ft . for the sale of products and services related to interior design only , is not in degradation of the intent of the Zoning Ordinance . AYES : BURMAN , BROWN , LALLY , NILSSON , JANSSON NAYS : None DECISION : Based on the testimony and information presented , and the findings of fact during the hearing held on January 09 , 1992 , by a motion duly made and seconded , the Zoning Board of Appeals voted to grant the relief sought in Appeal No . 1992- 02 , pursuant to Section 4 . 4 , Non-Conforming Uses and to not grant the Special Permit under Section 3-3 . 6 (3 ) A, Conditional Uses in a Highway Business . The Board imposed the following conditions : 1 ) The premises is limited to 1 , 006 sq . ft . of area and is limited to the sale of products and services related to interior design only . 2 ) The petitioner shall make a request to the State for permission to strip the bike path and emergency lane for separation from the parking area . • r 3 ) In the event the permission is not granted to stripe the bike path and emergency lane , the applicant shall ensure the separation of the pavement for the bike path from the parking area by signs , post or painted lines . The vote was as follows : AYES : NILSSON , NIGHTINGALE , BLISS , BURLINGAME, JANSSON NAYS : None Findings of Facts (Section 4-2 . 8 , Reduction of Parking Requirements ) : Based on the information presented , the Zoning Board of Appeals made the following findings of fact 1 ) According to testimony presented that peak parking hours Cape Cod Package Store are between 4 : 00 p .m. and 8 : 30 p .m. , Monday through Saturday and that the peak hours for the new tenant , Roz ' s Drapery Den have been from 11 : 00 a .m. to 2 : 00 P .M . , Monday through Saturday , and 2 ) From visual observation it is apparent that the parking lot is sufficient to satisfy the uses on site . 3 ) The reduction of parking from 26 spaces to 22 would be de- minimus and not in degradation of the spirit of intent of the Zoning Ordinance . • DECISION ( Section 4-2 . 8 , Reduction of Parking Requirements ) Bused on the testimony and information presented and the findings of fact during the hearing held on January 09 , 1992 , . by a motion duly made and seconded , the Zoning Board of Appeals voted to grant the relief sought in Appeal No . 1992- 02 , pursuant to Section 4-2 . 8 , Reduction of Parking Requirements allowing for reducing the minimum required parking from 26 to 22 parking spaces on-site AYES : BURMAN , BROWN , LALLY , NILSSON, JANSSON . NAYS : None • • — Any- person aggrieved by this decision may appeal to the Barnstable Superior Court, as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts. by filing a Complaint in said Court as well as a notce of action with the Barnstable Town Clerk, within twenty days of the filing of this decision with .the Barnstable Town ClerE;s Office. Chairman I , . Clark of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (2U) 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 day of 119 under . the pains and penalties of perjury. Town Clerk • DISTRIBUTION Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals • r r� ,Y TOWN OF BARNSTABLE Zoning Board of Appeals • S. J. Pendergast Trust of 1975 Qh },„ , ;P }„drgast„x„_„Jr „Trustee Deed duly recorded in the „Barnstable Property Owner 2283 County Registry of Deeds in Book .......................... S. J. Pendergast Trust of 1975 J..Qh.n...„J..r......P.Q.n,dQ.rg.gs„I........„Jr.....a.....„Trustee Page ......„268 ....„».„............ .......„................„Registry, Petitioner District of the Land Court Certificate No. ....................... ............„.....„... Book ....................„ Page .................. Appeal No. ..12.89..-„Q .:..................................... „J u r.Y.............................. 1989 FACTS and DEOISION S. J.Pendergast Trust of 1975 , Petitioner ....J.ohn....T......,.Readex.gas.t.......lrus.1r.Ba...... filed petition on .12ec.emb�. ......JQ ,1988 , requestinga variance-permit for premises at ». Q. „ ...„28................................................................... in the village (Street) of ..„Qu1,taI:..Y..,j l.19......„..„.................................. adjoining premises of »..„»....».... (see attached list) „................................ Locusunder consideration: Barnstable Assessor's Map no. ......,3 Q9.................„................ lot no. ...„..................„..... Petition for Special Permit: [� • Application for Variance: ® made under Sec. ...... .................,......3..-3...R.C.G.) of the Town of Barnstable Zoning by-laws and See. „...........................................„..................... .................„....„„.................... Chapter 40A., Mass. Gen. Laws for the purpose of . eliminating or reducing :the ten-foot green strip mandated -by Sec . 3-'3.6(6) of the Zoning' Bylaw. Locus is presently zoned in.„.....a..„Hi.ghway....Bus.mess....D.ist.rirlt...........................„.„...............„............... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at P.M. 19 89 , upon said petition under zoning by-laws. Present at the hearing were the following members: • ........................................................'Chairman .......„...„.»..„„„...».....»............„..»...............„„....„.... ....»..............................».............„......»..,».......„„....... r A Petitioner, represented by Atty. Philip M. Boudreau, in connection • with a proposed addition by way of a second story to his Commercial/Retail and Office Building on Route 28 in Centerville, Massachusetts (Barnstable Appeals Case No. 1989-06) seeks relief from the provisions of Section 3-3.6(6) of the Zoning Bylaw requiring ten (10) feet green strips abutting roadways in a Highway Business District, and requests herein a variance from the said provisions or a determination by the Board that there is no need for such relief (whether by variance or otherwise) because the Petitioner has established a lawful, non-conforming use of the locus precluding the application of said Section 3-3.6(6). Prior to the adoption of Section 3-3.6(6) , the Petitioner's lawful use at locus premises included the hardtopped parking, driveway and building approach area, landscaping and curbing adjacent to the present structure at the locus. Such use has existed for well over twenty (20) years, and such areas also constitute "structures" within the meaning of the Barnstable Bylaw. Petitioner's use of the subject premises for the above purposes before the applicable Bylaw took effect, established a non-conforming use at the time of the adoption of the pertinent Bylaw Section, eliminating the requirement of the ten-foot green strip mentioned in Section 3-3.6(6). Massachusetts General Laws, Chap. 40A, Section 6, protects lawfully existing structures and uses from prohibition or destruction by a zoning Bylaw. In addition, the locus is surrounded by existing green space on abutting properties, some of which are beyond the control of this Board or the Town. The Board, by vote of , determined that there is no need for a variance or other action by the Board herein because Section • 3-3.6(6) is inapplicable to the Petitioner's proposed use of the locus premises sought in Appeal No. 1989-05. • At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. • Appeal No......................................................................... Page ........................ of ........................ On ........................................................................................................................ 19 .................., The Board of Appeals found • I. .................................................................................................................................. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, 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 ........................ day of: ........................................................................ 19 ........................ under the pains and penalties of perjury. Distribution:— PropertyOwner .......................................................................................................................................... Town Clerk Board of Appeals • Applicant Town of Barnstable Persons interested Building Inspector PublicInformation By .........__.................................................................................... Board of Appeals Chairman I i TOWN OF BARNSTABLE ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE APPEAL NUMBER: 1989-05/06 PETITIONER: JOHN J PENDERGAST, JR. , (S.J .PENDERGAST TRUST) At a regularly scheduled hearing, held on January 19, 1989, continued to March 2, 1989, and continued to March 23 , 1989, notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts , the petitioner, John J. Pendergast, Jr. , through his attorney Philip Boudreau, petitioned the Zoning Board of Appeals to grant a Special Permit to allow the expansion of a pre-existing, non- conforming structure and use found on assessor's map 209, lot 81 , and located at 1489-95 Falmouth Road (Route 28) in • the Town of Barnstable, in a Highway Business zoning district. The existing structure is currently occupied by a retail liquor store and a real estate/insurance. office. The petitioner requested the Board to grant a Special Permit to allow the construction of a 3750 square foot partial second story to be constructed above the existing one story, 4720 square foot structure. The proposed addition would result In a structure with 8470 total square feet, or an increase of 79 percent The petitioner is seeking this expansion solely for the purpose of providing the existing tenants with additional space. The petitioner requested relief from the following sections of the zoning bylaw: 1 Section 4-4. 2 Expansion of a Nonconforming Use, to allow the construction of a second story; 2 Section 4-2.8 Reduction of Requirements/When Applicable, to reduce the number of parking spaces; 3 Section 3-3 .6(6) to allow relief from the requirement that a 10 foot wide green strip along the abutting roadways be provided. FINDINGS OF FACT: • Based upon the information submitted, the Board made the following findings of fact : • I The proposed expansion would be above the existing footprint of the building and there would be no further expansion of the footprint; 2 there is no intended increase in the number of tenants in the building; 3 the project will not generate a significant increase in traffic; 4 the triangular lot is somewhat unique in shape for the zoning district involved and is bounded by two roads ; 5 the project as proposed would not be detrimental to the surrounding neighborhood; 6 the petitioner does not need to apply for a variance from Section 3-3 . 6 because the use involves a pre- existing non-conforming structure. DECISION: Based upon the information submitted and the findings of fact , at a meeting held on March 2, 1989 and on March 23 , 1989, by a motion duly made and seconded, the Zoning Board of Appeals voted to grant a Special Permit with the following conditions: • 1 The addition shall be constructed according to the Grading and Utility Plan dated 10/ 19/88; the Subsurface Sewage Disposal Plan dated 10/21 /88; and, the Alternative "A" Parking Plan dated 12/ 14/88; 2 No more than three tenants shall be allowed in the building except that the petitioner's daughter, Danette Atsalis, be allowed to establish a fourth tenancy, but that such tenancy shall expire upon termination of her occupancy; 3 the size of the building shall not be increased; 4 the petitioner shall construct a fence along the northern property boundary to prevent parking within the bicycle path, and plantings, such as climbing vines, shall be provided to vegetate the .fence; 5 the petitioner shall close off the easterly opening (curb cut) along Route 28 and continue the grass strip (shown in green) as approved by the Site Plan Review Committee on site plan # 01-89. The vote was as follows : AYES: WIRTANEN, HORTON, BLISS, JANSSON NAYES: NONE • I I c c Bu G T- n C1 Loci -Ct � � f j TOWN OF BARNSTABLE BUILDING PERMIT PARCEL ID 209, 081 GEOBASE ID 12871 ADDRESS 1495 FALMOUTH ROAD (ROUTE PHONE CENTERVILLE ZIP 4 LOT PKG STR BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 83672 DESCRIPTION REPAINT TOP PORTION OF SIGN. PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: PROPERTY OWNER ARCHITECTS: Department of - P Regulatory Services TOTAL FEES: $25.00 BOND $.00 �1HE CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE E BARNMBLE, Mass. 03 BY]tjII , ISION i DATE ISSUED 04/26/2005 EXPIRATION DATE I � Town of Barnstable " ,. OF THE Tp� ti Regulatory Services., Thomas F.Geiler,Director €AWN t) 19ARHST,'6t_E � M • BARNSTABM 9� MASS. g Building Division 2005 APR 26 / 1639. �0 �l7IQ� p�Fpµp:lp Tom Perry, Building Commissioner 36` 200 Main Street, Hyannis,MA 02601 www.town.bariistable.mi:-m.---�-— Drv�sro `--=-=-- Office: 508-862-4038 Fax: 508-790-6230 Permit#03(9 2-. ^ Application for Sign Permit • Applicant: �61 nG Assessors No.(Z2 Doing Business As: t Y 1�C `�UI.IS�, Telephone No. j Sign Location Ob7 ` � ,p� I Street/Road: �.VVr'1Uy�"►'� �� Zoning District: Old Kings Highway? Yes/0 Hyannis'Historic District? Yes/9 _ Property Owners �-}— ale i O Name: J Ol �P/y1 g y Te ✓7� L l lephone`�v 6 Address: yya6 U 1 • Village: C",1-V 6 L Sign Contractor Name: r' �(J�—'l�S Telephone: �61 - Z y- `'l 0 I Mailing Address: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes/ 1o� (Note:If yes, a wiring permit is required) Width of building face ft.x 10=n x.10= 00 I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through§240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent: C��)wr / ( Date:_ 6 v Size: Permit Fee: Sign Permit was approved: Disapproved: Signature of Building Official: Q:��eDate:!L'ly Q:IWPFILESISIGNSISIGNAPP.DOC �`p�'(� `' p no G� O ) x 2 Y aL 2 T TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION jt Map Parcel (� Permit# J;7113 1 . Health Division Date Issued V_U`a 4 --Conservation Division Fee -73- zsa Tax Collector : � �'°�-�.- Treasurer w ESS PERMIT Planning Dept. JAN 2 5 2001 �kl Date Definitive Plan Approved by Planning Board TOWN OF BARNSTABLE Historic•OKH Preservation/Hyannis Project Street Address i qq S :LLLM (�u fH �� (CPERF, CU.) R&CgA 16 STDR.0) Village Cc i Ll,r Owner so 1'FALI)Ce 61A I- Address c 116 //6 Telephone �J — qqL Permit Request pL. SQ Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation I aim Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes 0 No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)132A&r.T_rad Age of Existing Structure Historic House: ❑Yes AA No On Old King's Highway: ❑Yes ANo 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: O Yes ❑No Detached garage:0 existing 0 new size Pool:0 existing 0 new size Barn:0 existing ❑new size Attached garage:0 existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization 0 Appeal# Recorded 0 Commercial kYes ❑No If yes,site planreview# Current Use Proposed Use BUILDER INFORMATION Name NI ZZI f 7AgE U wA lUV�h6Aii Telephone Number JC)�-qs�� Address 1(04 5 �[( ,Tz o N License# __ CS 6 `7D r7 y 9 CD O T-LL LT', AA Ux 3 S Home Improvement Contractor# Worker's Compensation# C 3 t --21 -9 9 -o 0 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUR G / DATE 02 S�LO 1 The Town of Barnstable Department of Health Safety and Environmental Services Building Division h 4 367 Main Street,Hyannis MA 02601 r . Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner Permit no. Date AFFIDAVIT r HOME IMPROVEMENT CONTRACTOR LAW. SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,.demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: 8f4z. I s Estimated Cost . Address of Work: Owner's Name: J 1,1 b i�A 686,l t Jl . ` Date of Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law ; Job Under$1,000 Building not owner-occupied Owner pulling own permit 4 Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as.the agent of the owner: Z2 4,1/6 Date Co tractor Name Registration No. �CS.M�jcpVF,MEu't w OR Date Owner's Name q:fbnns:Affidav ' � W 1 , acv.� Th a Commonwealth of Massachusetts _ Department of Industrial Accidents -- Office vffnvesUffatfoas 600 Washington Street Boston, Mass. 02111 Wo rkers' Compensation Insurance Affid avit a location- citv I am a homeowner performing a I work myself. v I am a sole proprietor and have no one working in any capacity e 2-11am an employer providing workers' compensation for my employees working on this job. NEW company name: . e." Z2-.I /IU�'I? �/��Aq 6 V ll)'}) iAi� address.. &, 5 Ea)7- ?1 AJ Vh city C� ��/ / � ���J� Qhone#• l✓�n�� "lf��' �JIO insurance:co. ' �Z` pl c tf A-11,tcki c A-&t polio# %q6 —00 I am a sole proprietor,general contractor, or homeowner(circle one) and have hired the contractors listed below who h-.,. the following workers' compensation polices: company name: address city-,: phone#.. . insarance::co: polite'# company name address: .. city: phone#: insuranceco. policy# Sul Failure to secure coverage as required under Section 25A of MCI,152 can lead to the imposition of criminal penalties of a fine up to S1.500.00 aodru- one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. 1 understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. do hereby certify under the pains and penalties of perjury that the information provided above is true and rcorrect Signature � i] l P� !" �� Date Print name l7!C•JL I c ice. V. Rn-S C H, JTR—OF l: :H• L - Phone# 4"?-y C�hcck ly do not write in this area to be completed by city or town official permit/license# rlBuilding Department Licensing Board mediate response is required Selectmen's Office C]Health Department n: phone#; 00thcr (revised)195 PIA) t ✓/ie 6anv�no�uuea/i o��/f/ aoac/u I a^X g� F BU ILDING,RE GULATIONS h License. CONSTRUCTION SUPERVISOR pp f lU,a�✓L'Z¢JJ¢C/Lule�lJ _ II i .._\ �;. i9oinrnanire¢ Number GS 057032 HONE INPROVENENT CONTRACTOR .� Expires 09/26/2001 Tr.no: 5742 'Regisfratioo' 100740 �fzpiration: 6/23/02 Restricted,To: 00 ; Type Private Corporatio THOMAS X CAPIZZI JR 280 PERCIVAL DR`' :`' �CAPI22I NOf1E IMPROVEMENT-7 W BARNSTABLE, MA 02668 Administrator Thoeas Capiui;Sr --- �! 1645 Newton Rd. ADMINISTRATOR ;:•- : ::?" - "' Cotuit NA 02635 • _ i t r h :; /ze (!�omvrreoouuea//� n`'���aveac/urvetlJ l is BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR i DEPARTNENT OF PUBLIC SAFETY `�+T,` Number: CS 007454 CONSTRUCTION SUPERVISOR LICENSE c +� a, f Number. .: Expires: Expires:02/24/2002 Tr.no: 17261 RastrtctedTo: 00 i; l I Restricted To: 00 THOMAS CAPIZZI FREDERICK V. RSCN III I 1645 NEW-TOWN RD G•�'"� j Administrator COTUIT, MA 02635 j gt lz�,4,e a5 B4)(,11 4/j ods I. 1 or `-! /�• Assessor's Office(1st floor) Map / Lot ® U ! Go�ermit Conservation Office(4th floor) Date Issued Board of Health(3rd floor)(8:30-9:30/•1:00-2:00) Fee � tom.•,..•. r ter'.,.i' •/ ngineering Dept.(3rd floor) House#�' �q S rail Planning Dept..(lst floor/School'Admin Bldg.) �;_r�• I �� �,1 BARNSTABLE. Definitiv ', r,ved by Planning.Board 19 MARL 039. � TOWN OF BARNSTABLE Building Permit Application Projec treet A Village1 Owner " Address 22 i % Telephone Permit Request Total 1 Story Area(include 1 story garages&decks) - �!� square feet A r, Total 2 Story Area(total of 1st k,2nd stories) square feet V" Estimated Project Cost $ Zoning District Flood Plain Water Protection I "t Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Proposed Use 1 Construction Type Commercial Residential Dwelling Type: Single Family 4 Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House Unfinished Old King's Highway Number of Baths No.of Bedrooms Total Room Count(not including baths) First Floor Heat Type and Fuel Central Air Fireplaces ' Garage: Detached. Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information `dame l Tele hone Number Add Z // � G✓ r e_ License# 0 7 cam. © 5 3a Home Improvement Contractor# l/D e J`7 Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �7sIGNATURE DATE �3�9 BUILDING P IT DENIED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY r � ' PERMIT NO. DATE ISSUED ; - g v ' MAP/PARCEL NO. ago < �U � ' •' • ADDRESS VILLAGE OWNER Ja } DATE OF INSPECTION: I - k FOUNDATION FRAME � •Fy INSULATION FIREPLACE -- ELECTRICAL: ROUGH FINAL - PLUMBING: ROUGH FINAL GAS: ROUGH FINAL rINAL BUILDING 'DATE CLOSED OUT ASSOCIATION PLAN NO. 111102,94 17:02 $8177277122 DEPT IND ACCID Zoo s _- - CotiunoiuU6a It o Waljac{•r.udeth : ' aUa�arfinenl o�.>'•�Erral�ccutenL9 600 WU�10.%St.1 James J.Campbell &ton, "laaaa4u1A 02f f f Commissioner Workers' Compensation Insurance Affidavit . (�seeiQamiacs) with a principal place of business at: G (GtY/stallizip) do hereby certify under the pains and penalties of perjury, that: () i am an -employer providing workers' compensation coverage for my employees working on this job. Insurance Company Policy Number KI am a sole proprietor and have no one working for me in any capacity. 0 1 am a sole proprietor, general contraaor or homeowner (cirde one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number {) I am a homeowner performing all the work myself. I understand t`:t a copy of&is statement will be forvrarded to&.e Office of Investirarions of the DIA for coverage verification and that failure to secure ccVerage s ret fired under Section 25A of MGL 152 can lead to the Imposition of criminal penalties consistin¢of a fine of up to s 1,500.00 and/or cr years' imprherment as well as civil penalties in the for:of a STOP WORK ORDER and a fine of S 100.00 a day against me. Signed this Lday of 19 Licensee/Permittee Building Department Licensing Board Selectmens Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 T—niIJ\ _(17__RARiQSTART.F. PUTT T)TN(: PFRMTT # COMMONWEALTH OF DEPARTMENT OF PUBLIC SAFETY _ ONE ASHBORTON PLACE osa1085 Y cavrant MASSACHUSETTS Fa jlorf to p BOSTON,MA 02108 passaahaaiOtt�Slat*SmUdtay i LICENSE Code 1a 1020"1arnweatloa EXPIRATION DATE t�:'/1 t�/ "'''Z CONSTR. SUPERVISOR °ftiflatCAUTION RESTRICTIONS EFFECTIVE DATE I FOR PROTECTION AGAINST t�t� LIC-NO. 0:-:/:11/1994 05 j 25 THEFT, PUT RIGHT THUMB 21(3 A4 6 r PRINT IN APPROPRIATE o BOX ON LICENSE. 2 'JAMES E BL IR13ESS # _;=_: 4 KNOB LANE PHOTO(BLASTING OPR ONLY) m BLIZZARDS PAY MA 02 M INCLUDuIj PHOT FEE1t:�t_i. t_�t7 5_, NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY HEIGHT: STAMPED-OR-SIGNATURE OF THE COMMISSIONER J U N 1 3 1994 THIS DOCUMENT 41UST BE CAfiRIEDON THE PERSON OF « SIGN NAMEI fU • THE HOLDER WHEN EN SIGNATURE OF LICENS S19DRE LINE OTHERS-RIGHT THUMB PRINT GAGED IN THIS OCCUPATION. a a HOME IMPROVEMENT CONTRACTOR Registration 110017 -.::- Type - INDIVIDUAL Expiration 10/02/9' JAMES E BURGESS/GENERAL CONTR JAMES E. BURGESS (�ceM mo�i }F KNOB LN ADMINISTRATOR BUZZARDS BAY MA 02532. 'a •1489Xalmouthy-Road Centerville, MA 02632 PH: 508 775-0714 FAX: 508 862-1655 Today's Date: Thursday, February 27, 2003 Fax TO: George Cassello, Building & Structures Department RE: Cost for Vertical Blinds in Office of Town Gas&Plumbing Inspector Fax FROM: Pat Pisch at Roz's Drapery Den, Centerville,- Fax Number: 508 790-6318 Pages sent: Cover ONLY Hello George: Here's the cost of purchasing vertical blinds for 2 of the windows we had measured. 2 Hunter Douglas/PVC Vertical Blinds/Color: Off-White ■ All inside mounted ■ Center Split $ 214 Product $N/C Sales Tax 30.00 Measure $ 244.00 Total Cost *Installation of blinds would be an additional $100.00 ($50.00 per window) In an effort to save you time and money, we had our installer measure all the windows that potentially could be covered. The following is a quote for vertical blinds on all 11 windows in the same product. We would be able to offer you a deeper discount while incurring only one installation and measure charge with this multiple blind order. Hunter Douglas/PVC Vertical Blinds/Color: Off-White ■ All inside mounted ■ 8 Center split • 3 one-way draw $ 1110.00 Product $ N/C Sales Tax $ 30.00 Measure $ 1140,00 Total Cost *Installation of blinds would be an additional $440.00 ($40.00 per window) Let me know if you have any questions. Please provide a Purchase Order Number against which we ` can bill which ever quantity you choose! i ` Thank you again for the business! L INC r � ,.. 9-. The Town of Barnstable .••4 , Inspection Department �'�a�►+�'r 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner r September 24 , 1992 Mr. John J. Pendergast, Jr. Cape Cod Package Store 1495 Falmouth Road Centerville, MA • 02632 Dear Mr. Pendergast: It was my pleasure to meet with you re sign locations. Your attitude was one of cooperation which I appreciated. If at any future date you have a question or problem, do not hesitate to call. Let us all work together to make the Town of Barnstable attractive. Sincerely, (/10'ria M. Urenas Z .E.O. GMU/gr November 14, 1990 Mr. Joseph DaLuz Building Department Town of Barnstable Hyannis, MS 02601 Permit #33746 Dear Joe: This is to notify you that I have started interior alterations to the building at 1489-1495 Falmouth Road, Centerville, Mass. We will begin in the East end of .the building which is presently unoccupied. i ce 1 , �7oh" J. nde Bast, Jr. S. J. P dergas.t Trust of 1975 1491 F mouth Road. Centerville, MA 02632 10) j. TOWN OF BARNSTABLE ° ; KAY 16 P1 .23 ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE APPEAL NUMBER: 1989-05/06 PETITIONER: JOHN J PENDERGAST, JR. , (S.J.PENDERGAST TRUST) At a regularly scheduled hearing, .held on January 19, 1989, continued to March 2, 1989, and continued to March. 23, 1989, notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts, the petitioner, John J . Pendergast, Jr. , through his attorney Philip Boudreau, petitioned the Zoning Board of Appeals to grant .a Special Permit to allow the expansion of a pre-existing, non- ----,, conforming structure and use found on assessor's map 2091, `plot-8€1 , and located at�489-95 Falmouth Roadj (Route 28) in the_Town of Barnstable, in a Highway Business zoning district. -711-W L The existing structure is currently occupied by a retail liquor store and a real estate/insurance office. The petitioner requested the Board to grant a Special Permit to allow the construction of a 3750 square foot partial second story to be constructed above the existing one story, 4720 square foot structure. The proposed addition would result in a structure with 8470 total square feet, or an increase of 79 percent The petitioner is seeking this expansion solely for the purpose of providing the existing tenants with additional space. The petitioner requested relief from the following sections of the zoning bylaw: . I Section 4-4.2 Expansion of a Nonconforming Use, to allow the construction of a second story; 2 Section 4-2.8 Reduction of Requirements/When Applicable; to reduce the number of parking spaces; . 3 Section 3-3 .6(6) to allow relief from the requirement that a 10 foot wide green strip along the abutting roadways be provided. FINDINGS OF FACT: Based upon the information submitted, the Board made the following findings of fact : L i I The proposed expansion would be above the existing footprint of the building and there would be no further expansion of the footprint; 2 . there 'is no intended increase in the number of tenants in the building; 3 the project will not significantly increase traffic.; 4 the triangular lot is somewhat unique in shape for the zoning district involved and is bounded by two roads;. 5 the project as proposed would not be detrimental to the surrounding neighborhood; 6 the petitioner does not need. to apply for a variance from Section 3-3.6 because the use involves a pre- existing non-conforming structure. DECISION: Based upon the information submitted and the findings of fact, at a meeting held on March 2, 1989 and on March 23 , 1989, by a motion duly made and seconded, the Zoning Board of Appeals voted to grant a Special Permit with the following conditions: 1 The addition shall be constructed according to the Grading and Utility Plan dated 10/19/88 and the Subsurface Sewage Disposal Plan dated 10/21 /88. Parking for twenty-nine vehicles shall be provided as shown on a Parking Plan dated 10/ 19/88; however, only the twenty-nine parking spaces lying entirely within the petitioner's property boundary line shall be allowed. The twelve parking spaces lying wholly or partially outside the petitioner's property line shall not be allowed. 2 No more than three tenants shall be allowed in the building except that the petitioner' s daughter, Danette Atsalis, be allowed to establish a fourth tenancy, but that such tenancy shall expire upon termination of her occupancy; 3 the size of the building shall not be increased; 4 the petitioner shall construct a fence along the northern property boundary to prevent parking within the bicycle path, and plantings, such as climbing vines, shall be provided to vegetate the fence; 5 the petitioner shall close off the easterly opening (curb cut) along Route 28 and continue the grass strip (shown in green) as approved by the Site Plan Review Committee on site plan # 01-89. The vote was as follows : AYES: WIRTANEN, HORTON, BLISS, JANSSON NAYES: NONE L Any person aggrieved by this decision may appeal to the Barnstable Superior Court , as described InSection I7' of Chapter 40A of the General Laws Qf the Commonwealth of Massachusetts by filing a complaint In said Court as well as notice of action with the Barnstable Town Clerk , within twenty (20) days after the filing or this decision in the office of the Town Clerk. a �q-rI Sfv Chairman, cy Zoning Board of Appeals Town of Barnstable I , Clerk of the Town of Barnstable Barnstable County, Massachusetts , hereby certify r � 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 day of 19_ _under the pains of perjury. Town Cler k DISTRIBUTION: Town Clerk Property Owner Applicant Persons Interested Building. Commissioner Public Information Board of Appeals TOWN OF BARNSTABLE 16 :23 ZONING BOARD OF APPEALS L� SPECIAL PERMIT DECISION AND NOTICE 1 � APPEAL NUMBER: 1989-05/06 PETITIONER: JOHN J PENDERGAST, JR. , (S.J.PENDERGAST TRUST) At a regularly scheduled hearing, held on January 19, 1989, continued to March 2, 1989, and continued to March 23 , 1989, notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of the Commonwealth. of Massachusetts , the petitioner, John J . Pendergast, Jr. , through his attorney Philip Boudreau, petitioned the Zoning Board of Appeals to grant a Special Permit to allow the expansion of a pre-existing, non- conforming structure and use found on assessor' s "map 209, lot 81A, and 'located at< 1489-95 Falmouth Road _(Route 28) in v the Town of Barnstable, in a Highway Business zoning . district. C -t" ✓ L- The .existing structure is currently occupied by a retail liquor store and a real estate/insurance office. The petitioner requested the Board to grant a Special Permit to allow the construction of a 3750 square foot partial second story to be constructed above the existing one story, 4720 square foot structure. The proposed addition would result in a structure with 8470 total square feet , or an increase of 79 percent The petitioner is seeking this expansion solely for the purpose of providing the existing tenants with additional space. The petitioner requested relief from the following sections of the zoning bylaw: 1 Section 4-4. 2 Expansion of a Nonconforming Use, to allow the construction of a second story; 2 Sect,.ion 4-2. 8 Reduction of Requirements/When Applicable, to reduce the number of parking spaces ; 3 Section 3-3 . 6(6) to allow relief from the requirement that a 10 foot wide green strip along the abutting roadways be provided. FINDINGS OF FACT: Based upon the information submitted, the Board made the following findings of fact : i I The proposed expansion would be above the existing footprint of the building and there would be no further expansion of the footprint; 2 there is no intended increase in the number of tenants in the building; 3 the project will not significantly increase traffic; 4 the triangular lot is somewhat unique in shape for the zoning district involved and is bounded by two roads ; 5 the project as proposed would not be detrimental to the surrounding neighborhood; . 6 the petitioner does not need to apply for a variance i from Section 3-3 . 6 because the use involves a pre- existing non-conforming structure. DECISION: Based upon the information submitted and the findings of fact, at a meeting held on March 2 , 1989 and on March 23 , 1989, by a motion duly made and seconded, . the he Zoning Board r! of Appeals voted to grant a Special Permit with the following conditions: 1 The addition shall be constructed according to the i Grading and Utility Plan dated 10/19/88 and the ! j Subsurface Sewage Disposal Plan dated 10/21/88. Parking for twenty-nine vehicles shall be provided as shown on. a Parking Plan dated 10/ 19/88; however, only the twenty-nine parking spaces lying entirely within the petitioner's property boundary line shall be allowed. II The twelve parking spaces lying wholly or partially outside the petitioner's property line shall not be allowed. 2 No more than three tenants shall be allowed in the building except that the petitioner's daughter, Danette Atsalis, be allowed to establish a fourth tenancy, but that such tenancy shall expire upon termination of her occupancy; 3 the size of the building shall not be increased; 4 the petitioner shall construct a fence along the northern property boundary to prevent parking within j the bicycle path, and plantings, such as climbing vines , shall be provided to vegetate the fence; 5 the petitioner shall close off the easterly -opening (curb cut) along Route 28 and continue the grass strip (shown in green) as approved by the Site Plan Review Committee on site plan # 01-89. The vote was as follows : AYES: WIRTANEN, HORTON, BLISS, JANSSON NAYES: NONE l Any person aggrieved by this decision may appeal to the Barnstable Superior Court , as described to Section 17 of Chapter .40A of the General Laws of the Commonwealth of Massachusetts by filing a complaint in said Court as well as. notice of action with the Barnstable Town Clerk , within twenty ( 20) days after the filing of this decision in the office of the Town Clerk. 4,10 Chairman, cy Zoning Board of Appeals Town of Barnstable Clerk of the Town of Barnstable , Barnsta6pe County, Massachusetts , hereby certify that twenty (20) dayt 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 d ay of011)� e under the pains of perJury. u1 Town Clerk ' DISTRIBUTION: Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals fl e:.s7.r.»,-.:,r�,+ry,"xi,...,q.::, r ..: ,,,u-�. y,.,�,� kry.,yr,;:;.v r,R:� ,aw.s`iMy,� G�acf.r ^ter•^4sy ',",�,'+F--i..,'s 't..=: �r _ { yy ., Assessor's office(1st Floor): // S Assessor's map and lot number," Board Health(3rd floor): Sewage Permit number ``77 j /t • �jx IAId9TSDLLEngineering Department(3rd floor):,/ iHouse number 7 �o '6j9' Definitive Plan Approved by Planning Board t,\,•-r "" -�A APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO S. J. Pendergast Trust TYPE OF CONSTRUCTION Wood Frame — Alteration and addition to existing building 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: ' Gf r�' Location '1995 Falmouth Road, Centerville, MA . Proposed Use Retail/Office Zoning District HB 'Fire District Name of Owner S. J. Pendergast Trust Address 1491 Falmouth Road, Centerville,MA '102632 Name of Builder Silvia & Silvia Associates Address 619 Main Street, Centerville, MA 02632' Name of Architect Alger & Gunn Associates Address 396 MKin Street, Hyannis, MA 02601 Number of Rooms Foundation Existing concrete walls/slab Exterior Cedar shingles/V x 6Q1 Cedar Roofing Heavy Duty Strip ShinjZles Floors Tile ands :C_p t Interior Sheetrock Heating Gas Plumbing 1st F1ogr - 2 toilets/2nd Floor 2 toilets Fireplace N/A Approximate Cost ! 000 Area 3;052 -s_ f 2'i doF1dor. Addition ` Diagram of Lot and Building with Dimensions / Fee _ 4 3 .`7 Sri` `r 0 3d+ 4 _ i 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. J t , Name I '' +.`" Construction Supervisor's Licensed r S , 7. PENDERGAST TRUST ,w� '►� A=209-•081 �R-vet No 33746 Permit For ALTERATION€. Commercial Bldg. Location 1495 Falmouth Road Centerville Owner S. J. Pendergast Trust_ Type of Construction Frame Plot Lot Permit Granted May 15 , 19 90 Date of Inspection 19 Date Completed g 19 c. t .y�.s Cape Cod Construction Services ap oa cape cod construction services• 163 tern lane•centerville, ma •02632 r �D C onttrucdon Services 163 tern lane • centerville, ma'- 02632 -telephone 8 iax (508),778-0897 March 22, 2010 Brown Lindquist Fenuccio &Raber Architects, Inc. 203 Willow Street Suite A Yarmouthport, MA 02675 Attn: Kurt Raber RE: Cape Cod Package Store Kurt, As a follow-up to the nailing inspection at the Cape Cod Package Store on Friday, March 19t�', the additional nailing-has been completed; 1. Panel edges have been nailed very six inches apart at the non-sheer walls and every four inches apart at the sheer walls with 8 d common gun nails. 2. Nailing rows have received additonal nailing with 8 d common gun nails. 3. Sill plate where no water table has been installed has been nailed with 8 d.common gun nails; every four inches at the sheer wall and every six inches at the non-sheer wall. 4. Sill plate where water table has been installed has been drilled and.screwed with three inch screws every six inches apart. 5. Corner boards have received additional nailing along the edges of the 1 x 6 corners and at the 1 x 10 corners blocking has been added at the interior and then additional nailing at the exterior along the edges. I feel that this additional nailing completes the requirements from the inspection on March 19, 2010. If you have any additional concerns or questions do not hesitate to contact me. Respectfully submitted, David Sauro Cape Cod Construction Services, Inc. Cc: Jeff Lauzon Town of Barnstable Building Department a o � R � Telephone: 508/563-6049 COLONY INSULATION, INC. 28 Jonathan Bourne Drive, Pocasset, MA 02559 OPEN-CELL FOAM INSULATION SPEC SHEET CONTRACTOR,��&C'® Goers r': , � n JOB SITE ADDRESS: S d�a �-� e�a.��, /�4" l y9 � o f� /p � - DATE: AREA THICKNESS R-VALUE 2nd FI Flat Ceiling Cathedral Ceiling Garage Ceiling Basement Ceiling 31 Slopes Exterior W all f:�+ Garage H se. Wall W alkout Wall Cathedral Wall. ? B lockers 3 / Overhang Stair/Risers All R-values and thickness measurements are deemed to be accurate by the following installers: Ryan Smith TECHNICAL DATA FOR MATERIALS IS ATTACHED TO THIS FORM - r� , .c4RBOND® IIl Spray Insulation System Technical Data Sheet Typical Physical Properties ASTM Method CORBOND III Nominal Density D-1622 2.0 lb/cu. ft. Compressive strength (1") D-1621 25 psi ; Compressive Strength (Y) D-1621 20 psi Closed Cell Content D-1940 >90`Ib K Factor C-518 (initial) 0,15 (aged) 0.16 C-1029-07 (180 day) R Factor C-518 (initial) 6.6 (aged)'. 6.2 C-1029-07 (180 day) Water Absorption D-2842 - 0.020 (gm/cc) Water vapor Transmission E-96 (calculated) 0.90 perms ® 2.5" Air Infiltration E-283-04 75 Pa 0.001 L/S/m2 (1,57 psf) (<0,001 cfm/ft2) 300 Pa 0.001 L/S/m2 (6.24 psf) (<0.001 cfm/ft2) Air Permeance E-2178-03 75 Pa 0.000055 L/S:m2.Pa 0.000117 ft3/min.m2.P0 300 Pa 0.000024 L/S.m2.Po 0.000051 ft3/min.m2.Pa Sound Transmission Coefficient (STC). E-90-90 & E413-87 36 (STC) 2 x 4 wood stud, t 6"on centers, 2.76"of COROOND®, 15/32"exterior 0S8 sheeting,''A"gypsum wallboard. Recycled Content 16.5% NOTES: 1. This information is intended only as a guide for design purposes, The values shown are the average values obtained from sprayed laboratory samples. The test methods were performed per the ASTM Book of Standards. 2. K Factor vorles depending on age and use conditions, " Aged 180 days per Federal Trade Commission 16CFR Port 460 The information herein Is to assist customers fn determining whether our products are suitable for their applications. We request that customers Inspect and test our products before use and satisfy themselves as to content and sultobtllty. Our products are Intended for sole to industrial and commercial customers for processing, WB worront that our products will meet our written specifications.Nothing herein shall constitute any other warranty express or Implied,Including any warranty of merchantability or fitness,nor Is protection from any low or patent to be Inferred. The exclusive remedy for all proven claims Is replacement of row materials and In no event shall we be Noble for special,incidental or consequential damages. CorbondCorporation r-^— OND 32404 E.Frontage Road -CORB , Bozeman,M7 59715 ••�; l' di Performance Insulation Sysifems Toll Free:(688)94979080 Fax:(405)586.4584 \I' YOUR � I . www.corbond.com salee®oorbond.com 5EP-09-2009(WED) 12: 27 CORBOND Properties and Processing Characteristics FLIquld Component Propertles Reaction times are affected by ambient temperature and the VI temperature of the substrate. Component A(cps) 190 'Sprayed through Gusmer Model H•H proportloner, Component B(cps) 900 cps(g)72' F Gap Pro Gun with 01 chamber at recommended processing Specific Gravity®70°F 1,2 temperatures end pressures. MixingRatio Component A 50% Recommended Substrata Temperatures Mixin Ratio Component B 50 ' At time of application Winter Fall/Spring Flammability Characteristics Minimum 30OF 45OF Surface Burning Characteristics"-ASTM E-84 Maximum 60OF 90OF Flame Spread:<25 For applications below 35°F,Corbond Corporation technical Smoke:<450 personnel should be consulted. 'Flash'passes should be (Spray applied,3nd Party labeled at 1.1/2 inch,4 inch and 6 avoided during cold weather applications. Inch thicknesses applied to 1/4"Cement Board) Spraying 'Note:This numerical flame spread and all other data This pray system may be applied in passes of uniform presented is not intended to refied the hazards presented by thickness from a minimum of llo to a maximum uniform 3". For this or any other material In actual fire situations. productivity, product me be or The use of polyurethane foam in Interior applications on maximum yield and oductivi the prod y applied walls or ceilings presents an unreasonable Are risk unless In a single pass to the specified thickness or up to 3" protected by an approved the barrier with a finish rating maximum pass(exceptions may exist when sheet metal or of not less than 15 minutes. One Building Code definition of gypsum wallboard substrates are encountered. Consult an approved"thermal barrier"Is a materlal equal to'A° application guide on page 3). 'Flash'passes or a thin pass gypsum wall board.Consultation with building code officials of less than V on cold surfaces Is to be avoided and may before application is recommended. result in loss of adhesion of subsequent passes and yield. Thicknesses over 3°require multiple passes. Allow product Caution: Polyurethane foam produced from these materials may present a fire hazard if exposed to fire or excessive heat curing and cooling between each pass;over pass cure time (i.e.cutting torches,soldering torches etc.).Each firm, minimum 1 Omin/inch. 3 inch pass requires minimum 30 person,or corporation engaged In the use, manufacture, minutes.Hot substrates may require longer,see application production or application of the polyurethane foams guide on page 3.CORBONV III must never be applied In a produced from these resins should carefully examine his thickness exceeding 3 inches in a single pass. If this construction sequencing and and use to determine any thickness Is exceeded It will seriously affect the quality and potential fire hazard associated with such product and to physical properties of the finished product and the Internal utilize appropriate precautionary and safety measures during temperature building up within the foam may cause charring construction. Inside the foam bun and breed loafing.Under certain conditions, applicst"exceeding this thickness may cause Equipment spontaneous combustion of the foam to occur,even hours Proportioning equipment shall be manufactured by after product was applied. Greco/Gusmer or Glasscraft and shall be capable of Clean Up-Liquids metering each component within t2%of the metering ratio Non-flammable solvents should be used for clean up. previously noted. The gun should be of the Internal mix type Consult your solvent manufacturer MSDS for handling which provides thorough blending of the two components. precautions. The equipment shall be of the boated airless type capable of maintaining 125OF at the gun by use of both primary heaters Protective Equipment and heated hoses.Hose thermal sensor in B side.The use Spraying of polyurethane foam results in the atomizing of the of 2:1 feeder pumps Is recommended for supplying the liquid components to a fine mist, Inhalation and exposure to the components to proportloner,especially during winter atomized particles should be avoided, The following operations. protective equipment Is recommended: a. Full-face mask or hood with fresh air source. Processing Characterlatice and Recommendations b.Fabric coveralls. Preheater Hose c.Fabric or ribber gloves. Component A 90-120'F 110-125OF Shelf Life&Storage of Raw Materials Component B 110-1259F All materials should be stored In their original containers and Gun Pressure at Tip(static) mIn 1100 psl away from heat and moisture,especially after the seals have These temperatures are typical of those required to produce `been broken and the containers have been opened. Shelf mixed product using Conventional Greco/Gusmer equipment life Is 3 months when stared Indoors at a temperature under various conditions. Environmental conditions may between 60e F and 70 F. Storage below 60 F may result In dictate the use of other temperature ranges. However,under compound strattfication of B and/or crystalyne formation in A no circumstances should a temperature of 130OF be component. Temperatures above 75 F may decrease the exceeded. It is the responsibility of the applicator to shelf life. Containers should be opened carefully to allow determine the specific temperature settings to match the any pressure buildup to be vented safely, Extensive venting' environmental conditions, his own equipment,and these of the B component may result in loss at blowing agent, materials. higher density foam and reduced yield. Temperatures below 65°F will Increase the viscosity of the components making Machlne Mix at recommended temperatures" them difficult to pump. Both components are adversely Winter Fall/Spring affected by water and humidity. Rlse/Tack Free Time 3-4.5 sec. 4-5.5 sec. Freight class 55(A or 8) Cure Time 4 hours 4 hours Resin Compounds item 46030 NOi BN Non-Hazardous Revised 01/2oov Page 2 5tF-U1!-CUU1JlWCu1 icocu LunuVnu APPLICATION GUIDE Description Substrata Preparation This system Is a-eproyable rigid closed call polyurethane cellular plastic m optimum dresults, �� p latDeeshould e Ung coat ing cean ard foam Insulation system designed to Insulate buildings. The sprayed dry, solvent. . product,properly Installed,results in a seamless,monolithic and durable other foreign matter. Insulation fully adhered to the substrate,suitable for any climate zone. and aAented strand board(OSB)typically do not CORBONDespray systems are technologically advanced,sophisticated Untreated wood,plywoedd materials and should be applied only by trained qualified,experienced need primer.CORBOND also adheres well without primer to expanded polyurethane spray appllcators. polystyrene,extruded polystyrene,fall faced Insulation boards,concrete masonry units(CMU)and cured concrete. Walla Forrometelilc substrates especially mild steel)should be sand blastedIn CORBONDe may be applied without primer between studs to a variety Of 90cordanoe with SBPC-SPB. Send blasted surfaces should be ImmedlBtely sheathing substrates to the desired thickness. Suitable ahsethings include primed with an epoxymlde primer as recommended by the primer but ere not limited to:Plywood,066,any foam sheathing with or with out manufacturer. Poll facers,Rock,Brick,CMU,Concrete and pointed or primed Steel. Galvanized and stelnlees steel,and aluminum substrates should be treated CORBOND'may be applied to those same substrates without studs as with on appropriate wash primer or adhesive prior to application of well CORBONDe. Consult your primer manufacturer and Corbond Corporation for a speolfic recommendation.Acid wash or other pwwash may also be Cathedral Roofs needed. CORBONDe may be applied directly to the underside of roof sheathing between the rafters to the desired thickness. Traditional venting is not Drywall Substrates necessary and should be evolded. Drywall substrates to which Carband Is to be,applled In thit:knh an over 1- 'IN require a first pass thickness at and not to exee cd 1 e .with Lift thicknesses Vapor Retarders appropriate cure time before full thickness pass Is appliedd. Typically no additional vapor retarder need be Installed over a cavity exceeding 1-%'to drywall may deform the drywall. Similar precautions may wherein CORBONDe has been Installed. Because of CORBONeo low apply to pmonglneered metal buildings. Drywall requires no priming. water vapor pormsence and excellent sealing characteristics,it typically functions as Its own vapor retarder. (1"physical properties)The Substrate Tempenfliturallolature ellminatlon of a second vapor shoot VAR avoid the creation of what Is This spray system Is provided In different reactivity profiles to most varying commonly known as a water vapor Vap'.The use of CORBONDe in substrate tempereturee as noted In Processing.Substrates over 90'F, conjunction.with other Insulation products or In special environments such such as decks of cathedral roofs with sunshine above,require longer then as freezers,swimming pools or other special environments may require minimum cooling time between passes. Flash poem at cold substrate are specific technical attention to vapor retarders. Please consult CORBONDs to be avoided. CORBONDe tedmical personnel should be consulted in all Corporation's technical personnel. cases where application conditions are marginal. Moisture In the form of rain,dew,frost or other sources can seriously affect the adhesion of Clearances to Neat Sources urethane foam to the substrate or to Itself. Water reacts with the mixed A minimum of 3"clearance Is required between CORBONDe and foam components,seriously affecting the foam's physical properties. combustion appliance flues,fireplace flues,recessed can lights(not wlthatandtrg labels or approvals for Insuletlom covering),hest temps,or Indoor Application Precautione other hest producing sources. All personnel In the spray ergs must be equipped with a fresh air supplied face mask or hood. Additional precautlons Include: Combustion Air to Combustion Appliances a. Post warning signs at all work area entrances.(Available from Modem construction techniques of house tightening require that outside air Corbond Corp.at no charge). inlets be provided to deliver combustion air to natural gas,propane or oil b. No welding,smoking or open flame. fired appliances such as furnaces,boilers,water heaters,space heaters c. Seal off the work area from adjacent rooms and ventilation ducts. etc.including gas or wood burning frraplaces. Baekdraft dampers or d. Mask areas required to prevent oversproy such as windows, . positive pressure venting may be needed on combustion appliance vents to doors,tubs and showers,etc. prevent negative air pressures developed by bath or kitchen vent farm from e. Restrict access of min,- plloatlon personnel. backdrafting combustion effluent Into the building Interior, f. Pmvkte ventilation as needed. g. Provide breathing and eye protection to either workers or Fire and Thermal Barrier and Ignition barrier spectators. Warning:Polyurethane Foams Will Burn When Exposed to Fire The use of polyurethane foam In Interior applications on welly or callings Outdoor Application Precautions presents on unreasonable fire risk unless protected by an approved fire The area surrounding the spray operation should be protected from resistant Thermal Barrier with a finish rating of not leas than 15 minutes. overeprey and exposure of Indlvlduale not Involved in the spray operations One code definition of an approved"thermal barrier•is a material equal to as follows: 'A'gypsum wallboard. Consultation with building code officiale before a. Poet warning signs a minimum of 100 feet from all work areas, application Is recommended. b. No welding,smoking or open flame. In attics and orawlspeces entered only for service of utilities,model building c. Close all air intake vents on air handling equipment on the codes require covering of foam plastics with an Ignition Barrier material building. such as 1.5'mineral fiber,%"wood s ructurat panel,3/8'particle board,1W d. Provide breathing and eye protection for spectators. hardboard,3/8'gypsum wallboard,.016"galvanized steel(30 gauge),or 9. Moe vehicles out of area. have specific approval testing In and use configuration and maximum f. Do not apply when the wind velocity is greater than 10 mph to thickness Intended for use. avoid over spraying of-perimeter areas. Caution,polyurethane foam produced from these materials may present a fire hazard if exposed to fire or excessive heat(i.e.cutting torch or Cihttatk Condltloms soldering torch). Each firm,person,or corporation engaged In the use, Cold temperatures and high wind speeds retard the exothermic reaction of manufacture,production,procassing or application of the polyurethane foam and can lead to poor adhesion,Increased density and loss of yield as foam produced from these resins should Carefully examine his end use end wall as thermal shock. construction sequencing to determine any potential fire hazard associated Avoid moisture in the form of rain,dew,frost or other sources which can with such product and to utilize appropriate deelgn and safety measures. seriously affect the adhesion of CORBONDe to the substrate or to Itself. Water reacts with the mixed foam componerite,seriously affecting the foam's physical properties. Revised 11/2008 Page 3 SEP;09-2009(WED) 12: 29 LUlttiunu -- Process Safety, Hsaith and Toxicity information Material Safety Data Sheets on product components and the finished Incompatible Materials product are available from Corbond Corporation. Installers of this The isocyanate component('A' component)i8 incompatible with product should read and understand the MSDS'before use. strong bases,tertiary amines or water. These materials may cause . rapid,spontaneous polymerization with subsequent generation of Protective Equipment heat and gas. Spraying of polyurethane foam results in the atomizing of the components to a fine mist. Inhalation and exposure to the atomized Decontamination of Spills droplets must be avoided. The following protective equipment Is 6hted ve eme,y aoyunee(Qncomponnt) ill,thed with recommended: appropriate respiratory and eye protection equipment should a.Full-face mask or hood with Fresh air source. rema ff the soil occurs Indoors,the area should be ventilated b.Fabric coveralls. c. Fabric gloves. and leaking containers should be taken outdoors and the remaining d.Rubber gloves when handling new materials and cleaning solvents. leocyanste transferred to other containers. WARNING: Exposure may occur when no noticeable odor Is encountered. The spill should be covered with sawdust,ekoped,vermiculite, fullers earth or other oil-absorbing materiel and should then be Physical Examinations of Personnel treated with a dilute solution of ammonium hydroxide/detergent. All personnel to be employed In the spraying of these materials should The neutralized material should be swept up and placed In a have a complete physical examination prior to starting spray operations• suitable container. The material should then be disposed of by a Periodic checkups are recommended If the personnel continue to spray standard method Consistent with good Industrial practice and these materiels. Personnel with the following conditions should avoid accordance with environmental protection regulations In your area. the spraying of these components: Where permissible,sanitary landfill disposal Is recommended. a.Asthma or chronic bronchitis. b.Chronic respiratory disorders. Empty Drum Storage c.Sensitization to chemical substances including polymeric Store empty drums on their side with bungs in to avoid moisture Isocyanates. entering. Empty is defined as product residue at the bottom of the drum no deeper that IN and 8"or less across. Recyclers require Dermal Exposure drums to ba"ddp dry"before accepting them. If a major splash or spill of the raw material isocyanate(A)component comes in contact with the skin,the affected area should Immediately be washed with generous amounts of water from a safety shower or other water source. Contaminated clothing should be removed and the skin wiped with a clean dry cloth to remove residual Isocyanate. The effected area should then be wiped with a 70%solution of rubbing alcohol(Isopropot)followed by repeated washing with soap and water. If a rash develops,a physician should be consulted Immediately. Eye Exposure, Splashes of either component Into the eyes should be flushed Immediately with generous amounts of water for at least 15 minutes. CONSULT TRAINED MEDICAL PERSONNEL IMMEDIATELY. Inhalation Symptoms of vapor inhalation are characterized by coughing,tightness . in the chest,and shortness of breath. Excessive exposure can produce serious, possibly irreversible lung damage. Smoking in the area of application increases.the risk of pulmonary injury and must be prohibited. High concentrations of Isocyanate may cause symptoms and problems to appear Immediately. However, chronic exposure may also lead to the same symptoms and problems. IF BREATHING HAS STOPPED,ARTIFICIAL RESPIRATION MUST BE.PROMPTLY APPLIED, If breathing is short, oxygen(if available)should be administered by trained medical personnel. OBTAIN MEDICAL ATTENTION IMMEDIATELY. Applicators:See the A&B component MSDS'for more complete raw materiel handling information. Clean Up Non flammable solvents should be used for clean up. Consult your solvent manufacturer for handling precautions. Revised 11/2008 Page 4 Field Observation Report #1 El E3 Renovations &Addition for Cape Cod Package ° ° t Id►l�l '�G �� . t Date Issued: 3/22/07 BLF&R Architects, Inc Observation 3/22/2010 Observed By: Kurt Raber Date: Time: 8:OOAM BLF&R Project Cape Cod Package Renovations No. Sky Conditions: Overcast Temperature: +/- 45 F Present at Site CCCS, Sidewall Sub. Precipitation: Light Rain Site Condition: Phase One - Exterior frame nearly complete WORK IN PROGRESS (actlyifles, manpower, equipment and locatlonh Phase One-East End Sidewall sheathing complete, corner boards complete, water table trim 50% complete. Roofing complete. Ready for sidewall cedar shingles. CONSTRUCTION OBSERVATIONS/ITEMS DISCUSSED 1 . Framing sub contractor was made aware of the incomplete nature of the side wall nailing after the town's first inspection on Friday 3/19. Over the weekend Cape Cod Construction Services and framing sub were on site and re-nailed all of the sheathing as follows: a. The fields of the panels were nailed at 6" OC b. The edges were nailing again between all existing nails, decreasing interval to 4" OC at all edges. c. The corner boards were not removed and replaced. The contractor installed additional continuous 2x4 nailers, and nailed the sheathing continuously again. d. The water table trim detail (50%)was not removed. CCCS has agreed to screw through the water table, sheathing into the sill plate at 6" OC in lieu of removing and nailing, This was acceptable to all on site Friday. CONSTRUCTION PHOTOS None at this time Submitted By: Kurt Raber .BLF&R Representative cc: CA File - Brown Lindquist Fenuccio & Raber Andrea Pendergast- Owner Dave Sauro-Cape Cod Construction Services Jeff Lauzon-Town of Barnstable Building Dept. Brown Lindquist Fenuccio &Raber Architects, Inc. www.capearchitects.com 203 Willow Street, Suite A, Yarmouthport, MA 02675 tel:508-362-8382 fax: 508-362-2828 Page 1 of 1 i 1495- FAL-mouT" IZD Field Observation Report #5 Cape Cod Package Store 00130 � Date Issued: 4/7/2010 BLF&R Architects, Inc Observation 4/7/2010 Observed By: KR Date: Time, 7:15 AM BLF&R Project CCPS Addition &Remodel No. Sky Conditions Sunny Temperature: 60 Present at Site: Architect Precipitation: None Site Condition: Frame Inspection-LIMITED TO ADDITION FIRST FLOOR ONLY WORK IN PROGRESS (activities, manpower, eaulpment and locatiga. None CONSTRUCTION OBSERVATIONS/ITEMS DISCUSSED 1, Rough inspections already completed. 2. Penetrations in framing members sealed with fire safe foam. 3. Framing is complete, ceiling is strapped, soffits are complete. 4. Wall and other envelope insulation may proceed at the FIRST floor, Submitted By: Kurt E. Raber Brown Lindquist Fenuccio &Raber Architects, Inc. cc: CA File - Brown Lindquist Fenuccio & Raber Andrea Pendergast- Owner. Dave Sauro-Cape Cod Construction Services Jeff Lauzon-Town of Barnstable Building Dept. --....................... . ........................... .. ..... .......... ........ Brown Lindquist Fenuccio &Raber Architects, Inc. www.capearchitects.com 203 Willow Street, Suite A, Yarmouthport, MA 02675 tel: 508-362-8382 fax: 508-362-2828 Page 1 of 1 ~ i Bk 2414' Ir 9 318 4ILr 6321 1 11—O6-2C)E79 0'1 . B2=C#3p 1 T r o.��. Town of Barnstable '09 FEB 25 04`:13 Zoning Board of Appeals Decision and Notice Pendergast/Cape Cod'Package Store Appeal No. 2009-007-Special Permits-Section 240-93.B,Alteration or Expansion of a Pre-existing Nonconforming Building&Section 240-94.B, Expansion of a Pre-existing Nonconforming Use Seeks to expand and alter an existing nonconforming building housing a nonconforming use of a liquor store,the` M Cape Cod Package Store Summary: Granted with Conditions Petitioner: Pendergast Falmouth RD Realty Trust(d/b/a Cape Cod Package Store) Property Address: 1495 Falmouth Road (Route 28),Centerville,MA Assessor's Map/Parcel: Map 209, parcel 081 M Zoning: HO, Highway Office Zoning District cs- Title Reference Deed Recorded Book 15793 Page 321 Relief Requested and Background: J The subject property is a 0,85-acre lot fronting on Falmouth Road (Route 28) and Old Post Road in QD Centerville. The lot is at the southwest intersection of Route 28 and Phinney's Lane and is developed- with a 4,697 sq.ft., commercial building that dates to 1930. The building is occupied by a retail liquor store,the"Cape Cod Package Store", and a professional-real estate office. The property has two curb-cuts on Route 28 and two on Old Post Road. Two parking areas exist; one to.the west of the building and another to the east. A one-way interior drive runs parallel to Route 28 connecting the west with the east parking area. The applicant is proposing select additions to the existing building and adjustment tothe interior of the structures. Upon completion of the proposed expansion,the first floor of the building is to have 5,813 gross sq.ft, and the second is to have 1,304 gross sq.ft. The retail sales is to occupy 4,038 sq.ft., retail redemption 156 sq.ft., storage areas total 4,291 sq.ft. and office use totals 916 sq.ft. Site changes include;expansion of the westerly parking area from 17 to 26 spaces, relocation and construction of a right-in and right-out only site entrance on Route 28, removal of the driveway situated to the front of the building, closure of the.easterly curb-cut on Route 28, and remake of the easterly parking area: Overall site changes include improved landscaping, drainage, lighting,and relocation of existing signage. To accomplish the proposal,the applicant has submitted two applications. The first is Appeal No. 2009-007 that requested two special permits in combination. The first is to alter/expand a -nonconforming building pursuant to Section 240-93.6-Alteration'or Expansion of a Pre-existing Nonconforming Building or Structure not used as a Single-or Two-family Dwelling. The second is to allow for the nonconforming retail use to expand pursuant to Section 240-94.B-Expansion of a Pre- existing Nonconforming Use. The second application is Appeal No. 2009-008 that sought a Variance to provision 1 of Section 240-94.B. That provision requires that"[a]ny proposed expansion of the 'k 24147 Pg 319 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use&Building [nonconforming] use shall conform to the'estabiished setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties." Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 22, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 28, 2009, and was continued to February 11, 2009, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were, William H. Newton, Craig G. Larson, Alex M. Rodolakis, George T.Zevitas and Board Chair, Laura F. Shufelt, Attorney Michael D. Ford represented the applicant. Also present during the hearing were members of the.Pendergast family, Kurt E. Raber of Brown, Lindquist, Fennucio and Raber Architects, Inc., and Brian Yergatian of the BSC Group. Attorney Ford noted that the business is family owned and has been operating since 1940. He presented a brief history of the property and its use. Summarizing that both the use and building were legally created in conformance with zoning at the time they were created. Today,the area is zoned Highway Office, retail use is not allowed anymore, and the building does not conform to the required front yard setbacks of 45 feet. Attorney Ford noted that in order for the business to remain competitive it needs to expand and upgrade with improvements. Attorney Ford and Mr.Yergatian presented the proposed site improvements. The issue of traffic was discussed and Attorney Ford cited that he doesn't think the numbers warrant a traffic study. He indicated that the applicant would need Mass Highway review and approval for the alteration of the curb cuts on Route 28. The Board stated they would require right-on and right-out only for the access on Route 28.. The Board inquired if rights to improve and use the state and town rights-of-ways had been given. Attorney Ford indicates that there is nothing in writing at this time but it would be secure at the time the building permit is sought. Public comment was requested. Dr.Will Skinner, President of Mattakeese Village Homeowner's Association expressed concerns for the increase in traffic and possible impacts on the intersection of Sachem Drive, Phinney's Lane and Old Post Road, He noted that the sight distance is very limited when exiting Sachem Drive.Attorney Ford stated that the applicant is willing to assist in reconciling the situation but would need to review the issue before making any commitment. Ms.Shufelt indicates that letters have been submitted to the file from;John and Sharon Sorcenelli of 99 Cap'n Samad.rus Road, Cotuit in support, email correspondence from Dr. William Skinner, a letter from Pol G. Hill of 63 Sachem Drive, Centerville who is not opposed but would like mitigation regarding increased traffic,Gene Mulligan on behalf of the Centerville Beautification Association favoring the proposed changes and encouraging additional trees and shrubbery be.added, David Pollack of 23 Dunaskin Road, Centerville in support, Michael Collopy of 119 Cranberry Lane, Centerville.in support, Reverend Robert Anthony in support, Bradford Lowe of:1480 Route 28, Centerville in support, and a letter from the Centerville Civic Association also in support. 2 y_ 24147 Pg 320 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use& Building The Board discussed the issue of traffic and the nature of relief being requested and determined to continue the appeals to February 11, 2009 to allow for additional review; including the Board's authority to grant a special permit and variance to a required provision of the permit, possible improvements at Sachem Drive at Phinney's Lane,-and submission'of draft findings and conditions to grant the appeals. At the continuance, Attorney Ford stated that he had discussed with Town Attorney, Ruth J. Weil,the issue of a variance to special permit provisions and they concluded that the Board can issue a variance . to any provision of the ordinance. Attorney Ford noted that he had met with Dr. Skinner and. members of the Town's Department of.Public Works on the issue of Sachem Drive and sight distance. He stated that the resolution agreed to by all parties would be the posting of additional signage to warn traffic to proceed with caution and at a slower speed. Ms Shufelt noted a letter from Dr. Skinner has.been submitted that withdrew the Association's opposition based upon the resolution of the Sachem Drive sight distance addressed by additional signage. JoAnne Miller-Buntich, Interim Director of Growth Management Department, addressed the Board noting that her department was withdrawing its concern for the traffic issue as the proposed curb cut is intended to be designed and conditioned upon being right-in and right-out only thereby eliminating all left turning movements on Route 28.. With regards to site plan review approval, it was noted that the conditions imposed still requires that approval. Mr. Pol G. Hill of 63 Sachem Drive, Centerville addressed the Board noting that he felt most drivers will ignore the signage being proposed and stating that he is still concerned with traffic at the intersection of Sachem Drive and Phinney's Lane. Findings of Fact: At the hearing of February 11, 2009, the Board unanimously made the following findings of fact with respect to Appeal No. 2009-007, a request for a Special Permit pursuant to Section 240-93.B, Alteration or Expansion of a Pre-existing Nonconforming Building and Section 240-94,13, Expansion of a Pre-existing Nonconforming Use: 1. In Appeal No. 2009-007, Pendergast Falmouth RD Realty Trust is seeking to expand a nonconforming retail sales business, the Cape Cod Package Store, and-to alter and expand a- nonconforming building'by special permit. The subject lot is approximately 36,000 sq.ft. (.85 acres)and is located at 1495 Falmouth Road (Route 28) and Old Post Road in the village of Centerville. The lot is within the Highway Office Zoning District. It is developed with a single _ story building which houses the package store including accessory office and storage space owned, and operated by the Pendergast family. The building also contains a one-room real estate office which is a principal permitted use in the district. 2. The alteration and expansion of a pre-existing, legally-created nonconforming use is permitted by special permit pursuant to Section 240-94.13 of the zoning ordinance. Alteration and expansion of ' pre-existing, legally-created nonconforming buildings that do not increase the degree of nonconformity is allowed by special permit pursuant to Section 240-93.B. The applicant has requested the permits to allow for the expansion of the liquor store to provide 3,882 sq.ft. of retail sales area and 1,018 sq.ft. of accessory store offices and storage areas on the first floor. The 3 r i 24147 Pg 321 #63211 Town of Barnstable—Zoning Board of Appeals Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007Aiter/Expand Nonconforming Use& Building existing 7,753 sq.ft. building is to be enlarged by 1,490 sq.ft. Areas of that expansion are proposed within the required'front yard setbacks for the zoning district, however not increasing the degree of the infringement established by the existing building. 3. In concert with the expanded building area and use,the applicant has proposed a series of site improvements that include increasing on-site parking, closure of the easterly curb cut on Route 28 and relocation and reconfiguring of the westerly curb cut to function as a right-in and right-out divided driveway only. The plans also make adjustments to the parking, redemption and.delivery areas and to the walkways, drainage and landscaping to improve circulation and function. The site improvement plans have been 'reviewed by the site plan review committee and submitted to the Board. As of the date of this report, no site plan approval letter has-been issued. 4. Public testimony has been received and concerns raised include; the need for proper sight distances on Sachem Drive at Phinney's Lane,and the site's exit driveways on.Old Post Road as some drivers do not perceive the need to stop before exiting onto Old Post Road. The Applicant. has agreed to attempt to address those issues and the Centerville Civic Association has issued a letter in support of the proposed expansion and improvements. 5. The Board is also concerned that the applicant can secure the rights to make.improvements as shown on the plans submitted. They include;those'proposed improvements on certain areas located off the applicant's lot and situated within right-of-ways of the Commonwealth and Town of Barnstable; and Mass Highway's approval for the adjustments to the Route 28 curb-cuts as shown on the plans. 6. With respect to Section 240-94.13 Expansion of a Pre-existing Nonconforming Use,the retail sale of liquor was legally-created in conformity to zoning. It became nonconforming on July 6, 1998 with the rezoning of this area to Highway Office (HO) by Town Council adoption of Order No. 98-133. The rezoning to Highway Office no longer permits retail sales. The lot, with the nonconforming retail sales use, existed prior to July 6, 1998 and the proposal and associated improvements are on that same area as occupied by the nonconforming use on the date it became nonconforming. The use is not expanded beyond the zoning districts in existence on the date it became nonconforming. 7. Provided certain safeguards are imposed to assure safe ingress and egress to the site that restricts left turning movements from and out to Route 28, the proposed expansion of.the:retail sales will not be more detrimental to the neighborhood affected or the general public. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2.009-007 subject to the following conditions: 1: Development of the site shall be as proposed in plans submitted to the Board consisting of 6 sheets, entitled "Commercial Redevelopment Cape Cod Package Store#1495 Falmouth Road Centerville, MA"dated May 16, 2008 last revised July 15, 2008 as prepared by BSC Group and consisting of; Sheet 1 Title Sheet, Sheet 2 Existing Conditions Plan, Sheet 3, Layout Plan,Sheet 4- Grading., Drainage & Utilities Plan, Sheet LS1.0 Landscape Plan, Sheet 6 Civil Details. 4 ( i c 24147 Pg 322 #63211 Town of Barnstable—Zoning Board of Appeals—'Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use,& Building . 2. The building shall be as proposed in plan submitted to the Board consisting of 5 sheets, entitled "Additions &Alterations to the Cape Cod Package Store 1495 Falmouth Road, Centerville, MA" dated 02-29-08, last revised 10-06-08 as drawn by Brown, Lindquist, Fenuccio and Raber, Architects Inc., consisting of Sheet A1.1 Proposed First floor Plan, Sheet A1.2 Proposed Second. Floor Plan,Sheet A2.1 Elevations,Sheet EX1 Basement Plan,Sheet EX2 First Floor Plan. 3. The above referenced site plan shall be modified to include positioning of stop signs (or stop ahead) at the exit of the two driveways out to Old Post Road, including painted stop lines and the word "STOP" on the pavement of the exit lanes. The center curbed island along Old Post Road shall be defined by a yellow painted line on the interior paved side of the existing curb. Signage shall also be incorporated on the exit to Route 28 stating "RIGHT TURN ONLY" out from the parking lot. Signage shall also be incorporated on Route 28 stating "NO LEFT TURNS" into the site. A plan for the signage and markings shall be developed and submitted to the Department of Public Works for review and approval prior to issuance of any building permit in reliance of this special permit. The proposed signage on and abutting Route 28 shall be incorporated into the Mass Highway application for permitting of the alteration to the'curb cuts on Route 28. 4. The use being regulated by this special permit is that of the nonconforming retail sales of alcoholic beverages from the property and the expansion of the building housing that use. The existing professional office use, the real estate office, is a principal permitted use allowed as-of-right and so it is not governed by this permit. 5. Upon completion of the improvements, the retail sales area including the walk-in cooler and vestibule area shall not exceed 4,030 sq.ft., as shown on proposed plans for improvements submitted to the file. Retail sales are expressly prohibited for any other area of the building. The basements shall only be used for accessory storage and utilities. The second floor shall only be used for accessory office and storage to the retail sales:use. 6. All construction and renovations to the structure shall comply with applicable building,fire and health codes. 7. The applicant shall be responsible for securing permission to make all improvements situated on property not owned by the applicant and.shown on the plans submitted, and permission to use those off-property areas for the purposes shown on the plan. Proof of those rights and permission shall be submitted to the Building Division and to the Board's file prior to the issuance of any building permit in reliance of this special permit. 8. The applicant shall also be responsible for securing Mass Highway approval for the closing of the easterly curb-cut and adjustments of the westerly curb-cut as shown on Sheet 3, the layout plan submitted and approved by the Board. Copies of Mass Highway approval shall be submitted to the Building Division, the Town Engineer and to the Board's file. Upon receipt of state approval, the Town Engineer shall verify that the state approved curb cut is substantially consistent with the curb cut shown on the plan submitted and consistent with preventing left turning movements into and exiting the site onto Route 28. No building permit for the proposed alterations'and expansion shall issue until after written verification is made by the Town Engineer. Should the plan approved by Mass Highway not match that shown on the approved site plan conditioned herein, the issue shall be referred back to the Zoning Board for anew public hearing on this special permit. 9. The applicant shall also be responsible to assure that additional signage is installed to'alert motorist to turning traffic at the intersection of Phinney's Lane, Old Post Road and Sachem Drive. 5 24147 Pg 323 #63211 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Special Permit No.2009-007AIter/Expand Nonconforming Use&Building The type and location of the signage shall be as determined by the Department of Public Works and the cost of the signs and installation shall be the responsibility of the applicant. .10. Upon completion of the site and building improvements authorized herein,the applicant shall be responsible for restoring the Route 28 pedestrian/bicycle pathway as it abuts the area to be improved to the standards of the Department of Public Works, including handicapped accessibility requirements. This shall be completed prior to the issuance of an occupancy permit for the addition to the building or by securities being posted with the Town. 11. This permitshall expire one year from the date of filing of the decision with the Town Clerk except that it may be tolled by the applicant during that time that the required approval of Mass Highway is sought and that time is needed to secure permission from abutting landowners to use and make improvements on those areas of the site plan not owned by the applicant. To toll the time provided by this condition,the applicant must annually provide a letter to the Building Commissioner with a copy to the Board's file summarizing the progress to that date. This provision for tolling of the permit is in addition to any tolling of the permit by reason of an appeal of this decision made pursuant to MGL Chapter 40A, Section 17. The vote was as follows: AYE: William H. Newton, Craig G. Larson,Alex M. Rodolakis, George T.Zevitas, Laura F. Shufelt NAY: None Ordered: Special Permit No. 2009-007 has been granted subject to conditions. This decision must be recorded at the.Barnstable Registry of Deeds for it to be in effect and notice of that,recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any,shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Laura F. Shufelt, C air Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachu 8 certify that twenty,(20) days have elapsed since the Zoning Board of Appeals file;u •t turd:� that no appeal of the decision has been filed in the office of the Town Clerk. ;`�a49 • v fC` tL Signed and sealed this / U" da G UD under the pains and-p� 7 Linda Hutchenrider, Town Clerk 6 ( 24147 Pg 324 #63211 r.. , LEGAL NOTICES TOWN OF BARNSTABLE ZONING BOARD OFAPPEALS - NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE JANUARY 28,2009 ' To all persons interested in,or affected by the.Zoning Board of Appeals under Section 11,of Chapter4DA of the General Laws of ' lh6CommonweaithofMassachusetts;and all amendments thereto.'., you are hereby notified that 7:15 PM: 4ppea12009-001: Mill'Way'Reatty Tn st,:}Ienry E.Blairq Trustee' Mill Way Realty Trust,Henry E.Blair,Trustee has petitioned for a Special Permit pursuant to Section 240-23.C(1)Conditional Uses in the MB-B Business District.The petitioner is seeking the permit for fhe use of an existing fish market to include a restaurant with' ' outsideseating:Thesubje6tpropertyisaddressed275Mii6ayRdad, Barnstable,MAand is shown onAssessor's Map 301 as parce1063, '001.It Is In a Marine Business B Zoning District ' 4 7:30.PM Appea12009.004' Kohler: Peterand Rose Kohler haveappealed the decisjonoftheBultding:' Commission,r.,1.red Septeinber22,2008tegarding FAC.Disposal, dlb/a Cape Resources CompanymTheappellaots are appealing the 'Building Commissioner'sdelerminag6nfhatnoenf66mentacU6ri , •Is needed with respects tothe activities being camed.oh by Cape j Resourcespompaniat280 Old Falmouth Road,Maistons Mills,MA. '- j. Theproperiyatissueis shown ohAssessoesMap'100as parcel 008., The appeal is beirig madepursuant to MGLChapter40A,Section 15 and is seeking the enforcement of the terms and conditlans of the. Zoning Board ofAppeals Decision issued Iri,Appeai No.1996'014. is in a Residence F Zoning District and a GP The subject prope; Groundwater Protection ODerlay:Distriet' l 7:45 PM Appeal 2009-0DT. PeridergasUCape Cod Package Store, Pendergast Falmouth RD ReallyTrust has petitioned(or a Special i Permit pursuant to Section 240793.11,-Alteratiori or Expansion of a- - i ..Pre-existing Nonconforming Building or Structure not used as a Single-or Two-family Dwellings and Sectidn.240-94.8,Expansion, of a Pre-existing Nonconforming Use. The petitioner is.seekirig" to expand and alfer an existing nonconf6kigg,buildlrig'h6usin6'a' nonconforming use of aliquorstore,the Cape Cod.Package Store. The proposal is to expand the exisfiny building with 696 square feet .:of retail anal 428.squate feet of office space.;The location of the proposed expanded building'atea does ndtdonfopm to the required. setbacks for the district. The subject property is addressed 1495.: Falmouth Road(Route.28),Centerville;MA apd is shown on As-:, sessor's Map,269 as parcel 061. It is in'the'H0,HighWay.Office` i Zoning District. .:.:.� .;,-: ;:::'�':;.'.i..:.:.::-: .•,:;�.,<':'; 7:45PM Appiial2005.00B PendergastiCape Cad package Store (•. Pendergast FalmouthRDRealt Tnrsthasapplied6ii vananoe- td Section 240-94,B provision 1,That proVision requires that°(a]ny Proposed expansion ofthe(nonoonforningl use shall conform to the establisled setbacks for the zoning district in which ills located,or,: such gieatersetbackse's the Zoning Boardof4peals.rnay require due to'the'nature of tlie`.use'and its'Impact on the neighborhood;! add surrounding properties' The.Iocations of the'proposed addle.' . j . .tions ire within the dWrict's required'45-foot taint yard,selback otT; Falmouth Road(Route28)and Old Post Road Thesubjectpropiii j is addressed 1495 Falmouth Road(Route 28),Centerville;MAehd' : is shown on Assessor's Map 209 as parcel 081:'ll"isjn tfie-HO;` HfghWay Offrce"Zoning District, ; These Public Hearings'will be helda(the 6a.i table Town Hall,' 367 Main Street,Hyannis,MA,Hearing Room, o°Floor,Wednesday,: January 28,2009. Plans and applications maybe re6iewed. the• Zoning Board ofAppeals Office,Growth Management Department' Town Offices,200 Main Street,Hyannis,MA Laura F.Shufelt,ctialr, :•Zoning Board owpeals. The Barnstable Patriot January'0 and January 16,2009 . AbutterReport ( c 24147 Pg 3 2 5 #6 3 211 1 a3 u 1 U.L Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel '209081' ►ow oF'eaeris,,�HLL Cs): AS'ESSOR'S oprtj�,- Parties of interest are those directly opposite subject lot on any public'or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. ' DEC 31 Piz :06 Total Count: 20 Close Map&Parcel . Ownerl Owner2 Addressl Address 2 •Mailing Country De CityStateZip SKINNER,WILLIAM . CENTERVILLE, 209005 E 8c EDITH 8 SACHEM DR MA 02632 USA 66; CENTERVILLE, USA 44f 209006 SKINNER,WILLIAM E TRUSTEE WILLEDIFH TRUST 8 SACHEM DR MA 02632 209007 PARKAS,JAMES A& 5 SACHEM DR CENTERVILLE, USA 26: KATALIN M MA 02632 209015 ONE E CENTER PLACE 297 NORTH ST HYANNIS,MA USA 97: 02601 209016 BENCHMARK GPT 40 WILLIAM ST STE 350 WELLESLEY,MA 22� CENTERVILLE LLC 02481 209017 QUEENEY, 158 SCUDDER BAY CENTERVILLE, USA 84: ADELAIDE TR CIR MA 02632 209018 BALDASARO,JOHN %LOWE,BRADFORD 12 BARBARA N DARTMOUTH, USA 31:/ A&MACHADO, E J W COURT MA 02747 209019 CUMBERLAND 777 DEDHAM ST CANTON,MA USA 71: FARMS INC 02021 EDMUNLUNDB RG', C/O ROBERT SNIDER, FRAMINGHAM, 209020 SI MUND M& ESQ 11 CAHILL PK DR MA 01702 USA 30; SIMON,J 209028 HOULE,PAUL J& 23 SACHEM DR CENTERVILLE, STEPHANIE B MA 02632 POTTS, RUSHTON H WBR WNE,JACKLYN 191 OLD POST CENTERVILLE, J 209052002 &BROWNE, ROAD CENTERVILLE, TERM USA 11( JACKLYN W RUSHTON H02632 209052007 HINT,IAN D & 99 PHINNEY'S LN CENTERVILLE, • USA 19E i JESSICA L - MA 02632 CROSBY, MARIANNE CENTERVILLE, 209054 C 123 PHINNEYS LN � 14( MA 02632 APA INVESTMENT. BELMONT,MA USA 19( i209055D01 CORP. 295 CHANNING RD 02478 MARSTONS 209055002 HUFNAGEL,ADAM PO BOX 251 MILLS,MA 19; 02648 ` ELNA R NELSON REAL CENTERVILLE, 21; 209057 NELSON, ELNA R TR ,205 OLD POST Rp ESTATE TRUST MA 02632 209081 PENDERGAST,JOHN PENDERGAST P 0 BOX 576, CENTERVILLE, 15: •- J JR&ANN D TRS FALMOUTH RD TRUST MA 02632 209082 FALMOUTH.ROAD, 487 STATION AVE S YARMOUTH, USA 18; ✓ LLCMA 02664 U 209083 MASS SOCIETY FOR OF CRUELTY TO 1577 FALMOUTH CENTERVILLE, USA PREVENTION ANIMALS(MSPCA) RD MA 02632 209099 TUCHOLSKI, 130 PHINNEYS LN CENTERVILLE, USA 55: STANLEY A MA 02632 This list by Itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have,this list certified.The owner and address data on this list Is BARNSTABLE REGISTRY OF DEEDS http://www.town.bamstable-ma.us/arcims/appgeoapp/AbutterReport.aspx?type=ZBA 2/30/2008 1496" 1 1 —r3 5►-2r1, " oM 10=006 �. T - Town of Barnstable '09 FEB 25 Per :13 Zoning Board of Appeals Decision and Notice Pendergast/Cape Cod Package Store Appeal No. 2009-008 Variance to Section 240-94.9 provision 1 To allow expansion of the Building into the required 45-foot front yard setback off Falmouth Road (Route 28)and Old Post Road Summary: Granted with Conditions Petitioner: Pendergast Falmouth RD Realty Trust(d/b/a Cape Cod Package Store) Property Address: 1495 Falmouth Road(Route 28),Centerville,MA Assessor's Map/Parcel: Map 209,parcel 081 Zoning: HO, Highway Office Zoning District Title Reference Deed Recorded Book 15793 Page 321 Relief Requested and Background: The subject property is a 0.85-acre lot fronting,on Falmouth Road (Route 28) and Old Post Road in Centerville. The lot is at the southwest intersection of Route 28 and Phinney's Lane and is developed with a 4,697 sq.ft.,commercial building that dates to 1930_ The building is occupied by a retail liquor store,the "Cape Cod Package Store", and.a professional real estate office. The property has two curb cuts on Route 28 and two on Old Post Road. Two parking areas exist, one to the west of the building and another to the east. A one-way interior drive runs parallel to Route 28 connecting the west with the east parking area. The applicant is proposing select additions to the existing building and adjustment to the interior of the structures. Upon completion of the proposed expansion,the first floor of the building is to have 5,813 gross sq.ft. and the second is to have 1,304 gross sq.ft. The retail sales is to occupy 4,038 sq.ft., retail redemption 156 sq.ft., storage areas total 4,291 sq.ft. and office use totals 916 sq.ft. Site changes include; expansion of the westerly parking area from 17 to 26 spaces, relocation and , construction of a right-in and right-out only site entrance on Route 28, removal of the driveway situated to the front of the building, closure of the easterly curb cut on Route 28,and remake of the easterly parking area. Overall site changes include improved landscaping, drainage, lighting, and relocation of existing signage. To accomplish the proposal, the applicant has submitted two applications. The first is Appeal No. 2009-007 that requested two special permits in combination. The initial part is to alter/expand a nonconforming building pursuant to Section 240-93.B-Alteration or Expansion of a Pre-existing Nonconforming Building or Structure not used as a Single-or Two-family Dwelling. The next part of the permit request is to allow for the nonconforming retail use to expand pursuant to Section 240-943 -Expansion of a Pre-existing Nonconforming Use. The second application is Appeal No.2009-008 that sought a variance to provision 1 of Section 240-94.B. That provision requires that"[a]ny - proposed expansion of the [nonconforming] use shall conform to the established setbacks for the F'- 24149 Pg 238 #63354 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Pendergast(Cape Cod Package Store-Variance No.2009-008 Variance to 240-94.B Provision(1) zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties." Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 22,2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 28, 2009, and was continued to February 11, 2009, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were, William H. Newton, Craig G. Larson,Alex M. Rodolakis, George T.Zevitas and Board Chair, Laura F. Shufelt, Attorney Michael D. Ford represented the applicant. Also present during the hearing were members of the Pendergast family, Kurt E. Raber of Brown, Lindquist, Fennucio and Raber Architects, Inc.,and Brian Yergatian of the BSC Group. Attorney Ford noted the business is family owned and in operation since 1940. He presented a brief history of the property and its use. Summarizing that both the use and building were legally created in conformance with zoning at the time they were created. Today,the area is zoned Highway Office, retail use is not allowed anymore and the building does not conform to the required front.yard setbacks of 45 feet. Attorney Ford noted that in order for the business to remain competitive it needs to expand and upgrade with improvements. Attorney Ford and Mr. Yergatian presented the proposed site improvements.The variance relief is needed to allow for the expanded retail sales to be located in that part of the building that is being expanded into the required 45-foot front yard setback. Provision 1 of the special permit Section 240=94.6 explicitly does not allow for the expansion of a nonconforming use within the required minimum front yard setback. In this district that setback is 45 feet. Attorney Ford noted that when applied to the triangular shaped lot along two roadways, Route 28 and Old Post Road, it permits only a small sliver of the lot as developable. The existing building is all now within that 45-foot setback and this provision virtually eliminates possible expansion. Public comment was requested. Dr.William Skinner, President of Mattakeese Village Homeowner's Association expressed concerns for the increase in traffic. Ms. Shufelt indicated that letters had been submitted to the file from;John and Sharon Sorcenelli of 99 Cap'n Samadrus Road, Cotuit in support, email correspondence from Dr. William Skinner, a letter from Pol G. Hill of 63 Sachem Drive, Centerville who is not opposed but would like mitigation regarding increased traffic, Gene Mulligan on behalf of the Centerville Beautification Association favoring the proposed changes and encouraging additional trees and shrubbery be added, David Pollack of 23 Dunaskin Road, Centerville in support, Michael Collopy of 119 Cranberry Lane, Centerville in support, Reverend Robert Anthony in support, Bradford Lowe of 1480 Route 28, Centerville in support, and a letter from the Centerville Civic Association also in support. The Board discussed the issue of traffic and the nature of relief being requested and determined to continue the appeals to February 11, 2009 to allow for additional review; including the Board's authority to grant a special permit and variance to a required provision of the permit, possible improvements at Sachem Drive at Phinney's Lane, and submission of draft findings and conditions to grant the appeals. 2 , 241.49 Pg 239 #63354 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Variance No.2009-008 Variance to 240-94.B Provision(1) At the-continuance,Attorney Ford stated that he had discussed with Town Attorney, Ruth J.Weil, the issue of a variance to special permit provisions and they concluded that the Board can issue a variance to any provision of the ordinance. Attorney Ford noted that he had met with Dr. Skinner and members,of the Town's Department of Public Works on the issue of Sachem Drive and sight distance. He stated that the resolution agreed to by all parties would be the posting of additional signage to warn traffic to proceed with caution at.a slower speed. Ms Shufelt noted a letter from Dr. Skinner has been submitted that withdrew the Association's opposition based upon the resolution of the Sachem Drive sight distance issue by additional signage. JoAnne Miller-Buntich, Interim Director of Growth Management Department, addressed the Board noting that her department was withdrawing its concern for the traffic issue as the proposed curb cut is intended to be designed and conditioned upon being right-in and right-out only thereby eliminating all left turning movements on Route 28. With regards to site plan review approval, it was noted that the conditions imposed still requires that approval. Mr. Pol G. Hill of 63 Sachem Drive,,Centerville addressed the Board noting that he felt most drivers will ignore the signage being proposed and stating that he is still concerned with traffic at the intersection of Sachem Drive and Phinney's Lane. Findings of Fact: At the hearing of February 11, 2009,the Board unanimously made the following findings of fact with respect to Appeal No. 2009-008, a request for a Variance to Section 240-94.B Provision 1 to allow expansion of the Building into the required 45-foot front yard setback off Falmouth Road (Route 28) and Old Post Road. 1. In Appeal No. 2009-008 Pendergast Falmouth RD Realty Trust is seeking to expand a nonconforming retail sales business, the Cape Cod Package Store, and to expand and alter a nonconforming building by special permit. The subject lot is approximately 36,000 sq.ft. (.85 acres)and is located at 1495 Falmouth Road (Route 28) and Old Post Road in the village of Centerville. The lot is within the Highway Office Zoning District. It is developed with a single story building which houses the package store including accessory office and storage space owned and operated by the Pendergast family. The building also contains a one room real estate office which is a principal permitted use in the district. 2. The expansion of a pre-existing, legally-created nonconforming use is permitted by special permit pursuant to Section 240-94.13 of the zoning ordinance. Alterations, including expansion of pre- existing, legally-created nonconforming buildings that do not increase the degree of nonconformity are allowed by special permit pursuant to Section 240-93.B. However, in this case, . the expanded areas of the building are situated in the 45-foot front yard setback. Provision 1 of Section 240-94.B specifies that "any proposed expansion of the use shall conform to the established setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties:" 3. The subject lot is triangular in shape and is located at the.intersection of Route 28, Phinney's Lane and Old Post Road. The shape of the lot is unique to the zoning district in.which it is located as two of its three sides require-the 45-foot setback. As a direct result of the shape of the parcel, a 3 24149 Pg 240 #63354 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Pendergast/Cape Cod Package Store—Variance No.2009-008 Variance to 240-94.B Provision(1) literal enforcement of the ordinance creates a hardship as virtually no addition can be accommodated without infringing into this 45-foot setback. 4. The proposed expansion is a modest expansion of the building and when compared to the overall proposed improvements to the site and building, it would not be detrimental to the public good, nor would it be in derogation of the spirit and intent of the ordinance as the expansion will not be located any closer than the closest portion of the existing building to Route 28 and Old Post Road. In addition, much of the existing front yard area abutting Route 28 is paved and devoted to traffic and parking. That area is to be restored to a landscaped front yard area more in keeping with the objectives for yard setbacks. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Variance No. 2009-008 to Provision 1 of Section 240-94.13 subject to all conditions of Special Permit No. 2008-007 issued to the applicant for the expansion of the nonconforming use and building. This variance may only be used in concert with that special permit. Should that special permit expire this variance shall also expire. The vote was as follows: AYE: William H. Newton, Craig G. Larson, Alex M. Rodolakis,George T.Zevitas, Laura F. Shufelt NAY: None Ordered: Variance No. 2009-008 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. ' Appeals of this decision, if any, shall be made pursuant to MGL Chapter 4QA, Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. 7' r5&=4 [* o'u/a T— ca 9 _• fit# ` Laura F. Shufelt, Chair Date Signed _ '•••,0 , . I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massadfil W. certify that twenty(20)days have elapsed since the Zoning Board of Appeals filedIll that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this , U day f U ;'under.. e pains and pe`r�a Linda Hutc enri er, own Clerk " 4 24149 Pig 241 #63354 LEGAL NOTICES TOWN OF BARNSTABLE ZONING BOARD Of APPEALS NOTICE OF PUBLIC HEARING; UNDER THE ZONING ORDINANCE.. JANUARY 28,2009 ' To all persons interested in,or affected by the.Zoning Board of Appeals under Section 11,of Chapter40Aof the General Laws of ' the commonwealth ofMassachusetts,and all amendmenlsthereto r you are hereby notified that ' 7:16 P.M. Appeal2009.001 MilliMay Realty Tru'st,.HenryE.Blair,Trus;W:': Mill Way Realty Trost;HeriiyE:Blair,Trustee has petitioned for a Special Permit pursuant to Sec ion2400.23.C.(1)Conditional Uses In the MB-B Business District The petitioner is seeldng the permit , for the use of an existing fish market to include a restaurant.With outsideseating:7hesubjectpiopertylsaedr&ssed275 MilkvayRoed, Bamstable,MA and is shown on Assessor's Map 301 as parce1063. . 001. It is in a Marine Business B Zoning DistncL 7:30 pM Appeal 2009-004 Kohler: Peterand Rose l(ohlei have appealed thedecisjon ofthe Building Commissionerissued Septeinber22,200B regarding EACDisposal. dlbla Cape Resoureescompany.Theappellantsareap'peOingthe Buiding Cominlssioner's determina5on that no enfoicement adion 'is needed with respects ro the activities being carried oh by Cape. ResourcesCofnparryat28001d Falmouth Road,MarstonsMills,MA.- The propertyalissueisshownonAssessorsMap100asparce1008.. The appealis being made puisuanttoMGLChaptei40A Sectionl5• and is seeking the enforcement of the terms and conditions of the: Zoning Board of4pealsbedsion issjied mAppeal No.199t➢-014. The subject property is in a Residence F.Toning Distdid and a GP Groundwater Protection'Oderlay.Distnct " i 7n45PM c•=A0pea12009.00T. l Pendergast/Cape Cod Package Store.' I PendergastFalmouthRDRgaityTrust has petitioned foraSpecial - Permit pursuant to Section 240-93.9,'Atieratiodor Expansion of a i -Pre-existing Nonconforming Building or.Structute not used as a ; Single-or Two-family Dwellings and Section 240-94.B,.Expansion: of a Pre-existing Nonconforming Use. The petitioner is.seeking' 1 .-to expand and alter an existing niinconforrdirig building housipil-a nonconforming use of afiquor store,the Cape Cod.Package Store. The proposal is to expand the existing building with 698 square feet. of.retaH and.428 squaie feet of office space.,•.The Iocatibri•of the proposed expanded building area does not conform to the required. setbacks for the.district, The subject property is addressed 1495. i Falmouth Road(Route 28),Centerville,MA and,isshown.on As, sessor's Map 209.as parcef061.'It Is in'the HO;Highway.Offoe Zoning District. ::.. :l.:::'.:`c .r.:...• 7.45 PM Appea12009'-0Q9. �. PendergasUCape Cod Paekage.Store. • ,• : '. ' Pendergast Falmouth RD RealtyTrusthas applied foia variance.: to Section 24U4,8 provision 1.1hat provision requkes that'(a)ny .proposed.expansb n of the(rocnconforming)use shall conform to the established setbacks forthd roning district in which i(isaoeated,or' such greater ittbaoks as the Zoning Board ofAppealshiay require due to the nature of the'use'and its Impact on the neighborhood:: .'and surrounding properties.'The.locations orthe,'proposed add!...; tions are within the disfncfs iequired 45 fpot front yard-setback off Falmouth Road(Route 28)and Old Post Road.Jhesubjegfproperly Is addressed 1495 Falmouth Road(Route 28),Centervilfi N kand' a shown on,Assessor's Map 209 as,-pa{oeI 061. It is:in the:HO,r Highway 0ffice"Zoning DistiicL These Public Hearings will be hefd.al.the Barnstable Town Hall; 367 Main Street,Hyannis,MA,HeanngRoom,21°Ftoor,WedneBday January 28,2009. Plana arrd appf 6iii ions may be reviewed at the Zoning Board ofAppeals Office,Growth Management Department, Town Offices,200 Main Street,Hyannis;trlA.:;-•. ` ' Laura E.Sliufelt,Ch9ir,, :Zq g Board ofAppeais' The Barnstable Patriot January'9 and January 16,2009 ,AbutterReport `. 24149 Pg 242 #63354 Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): '209081' 'OWNof'0ARNST;khL[ ASSESSaws ciFriq Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. DEC 31 P12 .06 Total Count: 20 Close Map&Parcel Ownerl Owner2 Addressl Address 2 Mailing Country be CltyStateZlp SKINNER,WILLIAM 8 SACHEM DR 209005 E 1 i EDITH CENTERVILLE, USA • 66, J MA 02632 209006 SKINNER,WILLIAM WILLEDITH TRUST 8 SACHEM DR CENTERVILLE E TRUSTEE ,MA 02632 USA 44( 209007 PARKAS,JAMES A& CENTERVILLE KATALIN M 5 SACHEM DR MA 02632 USA 26: ; 209015 E CENTER PLACELP 297 NORTH ST HYANNIS, MA USA 97: 02601, 209016 BENCHMARK GPT 40 WILLIAM ST STE 350 WELLESLEY, MA CENTERVILLE LLC 02481 22, 209017 QUEENEY, 158 SCUDDER BAY CENTERVILLE, ADELAIDE TR CIR MA 02632 USA 84: 209018 BALDASARO,JOHN %LOWE, BRADFORD 12 BARBARA N DARTMOUTH, A&MACHADO,E J W COURT MA 02747 USA 31:/ 209019 CUMBERLAND 777 DEDHAM ST CANTON,MA FARMS INC 02021 USA 71; LUNDBERG, C/O.ROBERT SNIDER 209020 EDMUND M& ESQ ' 11 CAHILL PK DR FRAMINGHAM, USA 30i / SIMON,J MA 01702 209028 HOULE, PAUL J& 23 SACHEM DR CENTERVILLE, STEPHANIE B MA 02632 POTTS,RUSHTON H %BROWNE,JACKLYN 191 OLD POST 209052002 &BROWNE, W'&POTTS CENTERVILLE, USA 12E JACKLYN W RUSHTON H ROAD MA 02632 204052007 HINT,IAN D& g9 PHINNEY'S LN , JESSICA L CENTERVILLE .USA 19( i MA 02632 CROSBY, MARIANNE 123 PHINNEYS LN , 14( 209054 CENTERVILLE MA 02632 209055001 APA CORP 02478 INVESTMENT 295 CHANNING RD BELMONT,MA USA 19( o MARSTONS 209055002 HUFNAGEL,ADAM PO BOX 251. MILLS,MA 19; 02648 209057 NELSON, ELNA R TR EL.NA R NELSON REAL 205 OLD POST RD CENTERVILLE, ESTATE TRUST MA 02632 ,+f 21, 209081 PENDERGAST,JOHN PENDE,RGAST'- p 0 BOX 576 CENTERVILLE, r J JR&ANN D TRS FALMOUTH RD TRUST MA 02632 15; 209082 FALMOUTH ROAD, 487 STATION AVE 5 YARMOUTH, USA i8: MA_02664 209083 MASS SOCIETY FOR. OF CRUELTY TO 1577 FALMOUTH CENTERVILLE, PREVENTION ANIMALS(MSPCA) RD MA 02632 USA . 7UCHOLSKI, 130 PHINNEYS LN 209099 STANLEY A CENTERVILLE, USA 55: MA 02632 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.if a certified list of abutters is required,contact the Assessing Division to have this list certified,The owner and address data on this list is BARNSTABLE REGISTRY OF DEEDS Ps hq://www.town.bamstable.ma.us/arcims/appgeoapp/AbutterReport.aspx?type=ZBA 12/30/2008 Mew �j Town of Barnstable Building Department- 200 Main Street t EARNST"LE, * Hyannis, MA 02601 MASS (508) 862-4038 9$ s6gq. Certificate of Occupancy Applicatiorli'Number: 260905449 CO Number: 20100207 Parcel ID: 209081 CO Issue Date: - 11/24110 Location: ; 1495 FALMOUTH ROADIRTE 28 Zoning Classification: SPLIT ZONING Proposed Use: RETAIL & SERVICE STORE SMALL Village: A CENTERVILLE Gen Contractor: . •OAVIO SAURO_ " Permit Type: CC00 CERTIFICATE OF OCCUPANCY COMM. Comments: Building Department Signature Date Signed TOWN OF BA STABLE Building Application Ref: 200905449* BARNSTABLE, Issue Date: 12/18/09 Permit MASS. 1639• ��� Applicant: DAVID SAURO Permit Number: B 20092466 '~ Ep� Proposed Use: RETAIL&SERVICE STORE SMALL Expiration Date: 06/17/10 4 u' Location 1495 FALMOUTH ROAD/RTE 28Zoning District SPLTPermit Type: COMMERCIAL ADDITION ALTERATION ' _ Map Parcel 209081 Permit Fee$ 5,460.00 Contractor . DAVID SAURO Village CENT'ERVILLE App Fee$ 100.00 License Num 072866 Est Construction Cost$ 600,000 i Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ADDITION AND ALTERATION TO THE EXISTING BUILDING AS PEI4 THIS CARD MUST BE KEPT POSTED UNTIL FINAL LPLANS INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PENDERGAST,JOHN J JR 81 ANN D TRS BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 576 INSPECTION HAS BEEN MADE. CENTERVILLE, MA 02632 Application Entered by: JL Building Permit Issued By; - TIIIS PERMIT CONVEYS NO,RIGHT TU DCCUPY ANY.STREET',ALLY.OR SIDEWALK OR ANYIPART THE'Rt(411''tITOtkitEMPORARILY,,QR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BkAPPROVED,BY•THE JURISDICTION. .. STREET ORALLY GRADES;AS'WELL AS DEPTH AND'LOCA'CION;OF PUBLIC.SEWERS MAY!;' OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE. THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM;THE CONDITION'S OF ANY APPLICABLESUBDIVISION RESTRICTIONS `, MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS.(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). r #'�'. "'•r�"�..z:;. "''.�..,F. _ .ot.� , _ �. ... ..�.R _. .' >_':..:u xrl r. n a �a �' �Bb, ', BUILDING 1NSPECTI N PPROyALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS .2 �df s�4 EATH=A1G 1-d �6' $cle�W,lemr?TAB C fors®A � � ��� 452 2 2 �w'�S�j� ,� �' �G� 2a�y � 3 �FR", �/ 6�I/� 1 Heating Inspection Approvals Engineering ept Fire Dept ? i 2 Board of Health DEVAI L.f'Arrtrcx jijj3LT. Fomard. GOVERNOR ' P. r TIMOTHY V MURRAY DOT GnvsaNcm ' JEFFREY 8.MULLAN ` C ® Highway %y SECRETARY&CEO June 2, 2010 John J. Pendergast, Jr. . . Prendergast Falmouth Road Realty T st 1495 Falmouth Road Centerville,MA 02632 Dear Sir: SUBJECT: Barnstable Route 28— 'almouth Road—Driveway Relocation Project Permit# 5-2009-0106 Reference is made to your letter dated May 19,2010 requesting permission to continue working during the summer time restriction. Your request is approved with the following limitations: • All work must be completed by June 17, 2010., • Lane closures must cease by :30tp.m. every day.. Y • No..work"zn the roadway on Fri days. . e minimal n thie roadway. • The.work should b 1f you have any questions,please contact the Permits Office at(508) 884-4211. Si rely,' 4 Bernard cCourt " District Highway Director. FSJ: fsj cc: BEM RPF Construction Foreman File -David:Sauro,Cape Cod Coi istructions Services, 163 Tern Lane, Centerville,MA 02632✓ 5-2009-0106d.doc ' www.mass.gov/massdot District#5 • 1000 County Street • aunton, MA 02780 • Phone: 508.824-6633 • Fax: 508.880.6102 l ARCHITECT CONSTRUCTION CONTROL AFFIDAVIT AT PROJECT COMPLETfbN; 4: Project Name: Cape Cod Package Store Project Title: Renovation of the Cape Cod Package Store Project Location: _-1495 Falmouth Rd.(Rte.28)Centerville,MA Scope of Project: _ _- 1 &2 story wood framed commercial building Architect: Brown Lindquist Fenuccio& Raber Architects,Inca In accordance with paragraph 116.0 of 780 CMR;the Massachusetts,State Building,Code'I,, Kurt E. Raber Massachusetts Registration Number 10563 being a registered professional Architect hereby certify that all plans, computations and specifications, and changes thereto, involving subject project have been prepared by or under the direct supervision of a Massachusetts registered architect or Massachusetts registered professional engineer and bear his or her original `signature and seal or by the legally recognized professional performing the work, as defined by Massachusetts General Law (M.G.L.)c. 1.12, §81R. yQ For the above named project I,or a registered professional architect/engineer under my cognizance, have reviewed the design concept, shop drawings, samples and other submittals which are submitted by the contractor in,, accordance with the requirements of the construction documents. I have reviewed and approved the quality control procedures for all code-required controlled materials. further certify that I was present on the construction site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine, in general, if the work was being performed in a manner consistent with the construction documents. Pursuant to 780 CMR 116.231 have provided the results of structural tests and inspections'to the building official and owner. , I have submitted.periodically, a progress report with all pertinent comments of the site visits and compliance of all pertinent items to the building official ,I have submitted are ort as to the satisfactory completion and the readiness of the projec for occupancy. t No. 10563 � ena�asxr�sr ' Architect Kurt E. Raber oy Mass. Subscribed and Swom.to,;:befor me this, day �gtTH OF AdPgy" 201b, the undersigned notary public, k. . personally appeared provide to e through satisfactory evidence of identification; which is r n to be the person whose name is signed on the preceding or attached docum6ni,and.acknowledged to.,me.hat he signed it voluntarily for its stated purpose. "r 4 ry Public .. . Notary Pub c Atyson Konkol to Notary Commission:Expires:• _ ;r , Comwnwealth of f�l umhusegs My Conwnis W EVkils on Mg.10.67 , k. CONSTRUCTION CONTROL AFFIDAVIT PROJECT NUMBER: `1203-34 PROJECT TITLE: Renovation and Addition PROJECT LOCATION: 1495 Falmouth Road - NAME OF BUILDING: Cape Cod Package Store , SCOPE OF PROJECT: 1-story/2-story wood frame construction and foundations In accordance with Section 116.0 of the Massachusetts State Building Code, Seventh Edition(MBC),I, Brian A.Walsh,P.E.,Massachusetts Registration No.46077 being a licensed professional structural engineer hereby certify that the necessary professional services have been performed by myself or my representatives under my review and either myself or my representatives have been present on the construction site on a regular and periodic basis and have been responsible for the following STYUCTURAL CONSTRUCTION WORK v;specified in Section']16.17-, 1. Structural components as specified on.Allen&Major Associates,Inc.,and Brown{Lindquist Fenuccio &Raber Architects,Inc. structural drawings.'` ' 2. Review of shop drawings, samples'and other submittals from the contractor as required by the construction contract documents as submitted for building permit,and approval for conformance to the design concept. R Work specifically not included in this Construction Control Affidavit to be provided by others shall include testing and inspection of materials in accordance with MB_ C Section 1703 for the following•, building components: .. ;' f k r 1. Geotechnical inspection and testing'services(i.e.soil bearing capacity) , 2. Materials testing services(i.e.concrete) I certify at this time that the'structural components of the work described herein have been'satisfactorily . completed in accordance with the structural requirements of the Commonwealth of Massachusetts State , Building Code, Seventh Edition,to the best of my knowledge and belief,based on construction observation and review services performed and described herein and based upon my review of material and geotechnical testing-and-investigation reports(prepared by others). ' A. WAL Signature D77 ` day of !`-JGz.I G __ W �G. Subscribed and sworri,to before me this ��' _ _ • N&T kRY PUBLIC My Commission Expires Oh, } ANDERSON STRUCTUR ALE NGINEERINGIV.] C. 764 PLNN, STREET, MARSHFIE,LD, MASSACHUSETTS'02050 781-837-6949 FAX 781-834-.6253 July 12, 2010 Mr.Thomas Perry Barnstable Building Department 367 Main Street Hyannis, MA 02601 Re-.08-158 Popeo Residence- Detached Garage and.Guest House Osterville, MA Dear Mr. Perry, This letter Is to,document that we Dave conductecip' eriodic visits to the above referenced project to review the progress of.the structural work. Inspection dates include but are not, necessarily limited to the following., �February 25. 2010 March 1. 2010 March 13, 2010 April 7, 2010 June 8, 2010 ' July,1, 201.0 Based on our visual inspections, and to the best of our knowledge, all of the structural work has been completed to our satisfaction and is In conformance with the applicable requirements of the Massachusetts State Building Code. If you have any:questions,or comments.regarding.thi,s, please don't.hesitate to call, 'er 0 9r Rob A ms RA/Rob c,c. Sally Weston Sally Weston Associates to Greg Hescock-Suffolk Construction Town of Barnstable Building Department - 200 Main Street ELAMSTABLE, * Hyannis, MA 02601 } 9$ 16.19. (508) 862-4038 RFD MA'S a Certificate of Occupancy, Temporary . Application 200905449 CO Number: 20100073 Parcel ID: 209081 CO Issue Date: 05/17/10 Location: 1495 FALMOUTH ROADIRTE 28 Zoning Classification: SPLIT ZONING Owner: PENDERGAST, JOHN J JR & ANN D TRS Proposed Use: RETAIL& SERVICE STORE SMALL P 0 BOX 576 CENTERVILLE, MA 02632 Village: CENTERVILLE Gen Contractor: DAVID SAURO Permit Type: CTCO COMM TEMPORARY CO Comments: TEMP C.O. FOR CAPE COD PACKAGE STORE EXPIRES NOV 17 2010 11/17/10 Building Department Signature Date Signed Expiration Date aHET TOWN OF BARNSTABLE Bdilding Application Ref: 200905449 ` BARNSTABLE, Issue Date: 12/18/09 _ Permit 9 MASS Applicant: DAVID SAURO Permit Number: B 20092466 Proposed Use: RETAIL&SERVICE STORE SMALL Expiration Date: 06/17/10 Location 1495 FALMOUTH ROAD/RTE 28Zoning District SPLTPermitType: COMMERCIAL ADDITION ALTERATION. Map Parcel 269081 Permit Fee$ 5,460.00' Contractor DAVID SAURO Village CENTERVILLE App Fee$ 100.06 License Num ,t ,071866 Est Construction Cost$ 600,000 Remarks l APPROVED PLANS MUST BE RETAINED ON JOB AND ADDITION AND ALTERATION TO THE EXISTING BUILDING AS PE� THIS CARD MUST BE KEPT POSTED UNTIL FINAL ` PLANS INSPECTION HAS BEEN MADE, WHERE A I CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PENDERGAST,JOHN J JR 8i ANN D TRS BUILDING SHALL NOT BE OCCUPIE6 UNTIL A FINAL Address: P O BOX 576 INSPECTION HAS BEEN MADE. CENTERVILLE, MA 02632 Application Entered by: JL Building Permit Issued_By: -- THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET ALLY.OR SIDEWALK OR AWPART THE , ;:EIT R TEMPO,RARILY50R PERMANENTLY. ENCROACHEMENTS,0'N PUBLIC PROPERTY,NOT SPECIFICALLY IvI PERITTED UNDER THE BIJILDING E COD ,MUST'RE APPROVED BY THE JURISDICTION: STREET(R ALL.GRADES AS WELL AS DEPTH AND LOCATION OE PUBLIC MAYBE OBTAINED FROM THE:DEPARTMENTOF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT'DOLS NOT RELEASE THE'APP.LICANT FROM THE CONDITIONS OF ANY APPLICABLE<SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTTTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3. WIRING&PLUMBING INSPECTIONS TO BE.COMPLETED PRIOR TO FRAME INSPECTION. ' 4. PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5. INSULATION. 6. FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 11 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS J � .S}J 6AT! IA366-8>3) 10 Sc/LE',w Vpfrrr TA rF /arrow 2 .3F60���31�1rz 2 x e 3 BFR"- �/ ra/� 1' Heating Inspection Approvals Engineering ept Vill—' a � FirDept I 2 Board of Health � •' '< - �! a a�<e r t y w v y ^ �<.,• ♦ s* `fop 4• � � � + �'r � �,� ti �,�� ►�� �y�'�• s.,;��• ,$P'�,5.�+, �i r �+ ,•���hM�. �j v � � ;,� jib' -.� �p a'`� •r: --�. ! 'c:: ..- ", r ♦ ILI TER ° £ Z-.. °sin .�`� �p �»•* _ _ .. 44 t > 4 s 'R � .3 � � `� °_ r.. �, ''.t�,�•�• of - . s oo". •. µ, s t n z x y r� y� u'a a M i 31 tab': mot , Sign BARNSTABLE. * TOWN OF BARNSTABLE Permit MASS. 9� .9 s63 �� Permit Number: Application Ref: 201002107 20070450 Issue Date: 05/04/10 Applicant: Proposed Use: RETAIL &SERVICE STORE SMALL Permit Type: SIGN PERMIT Permit Fee $ 75.00 Location 1495 FALMOUTH ROAD/RTE 28 Map Parcel 209081 Town CENTERVILLE Zoning District SPLT Contractor PROPERTY OWNER Remarks RELOCATE EXIST WALL NORTH TO SOUTH SIDE REALTOR OFFICE 24SQ . TEMP 16 SQ WALL CC PACKAGE Owner: PENDERGAST, JOHN J JR 8t ANN D TRS Address: P O BOX 576 CENTERVILLE, MA 02632 Issued By: POST THIS CARD SO THAT IS VISIBLE FROM THE STREET Town lof Barnstab t'1, QF A P1 lz��'i � Regulatory Services '"WM„�ss"B $ ThomasyF. Geiler,Director ` € .. £ , a Al 0; Building Division- . Tom_ Perry, Building Commissioner `200 Main Street, Hyannis,MA wwwaown.barnstable.ma.us j # Office: 508-862-4038 Fax: 508-790-6230' Permit# Application for.Sign Permit, Applicant:�U `� ��,� Assessors No._ _ -- --- __ Doing Business As: �'N. '( c �� � � Telephone No. � Sign Location J•� Street/Road: ' _ ��V`vlt9t � Zoning District; Old Old Kings Highway? .Yes/¢�lo . t�yannis'Historic District? A Yes Property er Name:, idl C1\ J1_C 0_5_T (N) - --Telephone:_ — .c' A�.Z:�y-a C Address:_'ACC, J FQA AAA Village:-,; Sign Contr or Name_—�_ Vht%( A-- C-� ---- Telephone..5� 6 r`�(5 Mailing Address: L �� L! Description---- .. -- - - Please draw a diagram of lot showing location'of buildings and existing signs with dim' ensions,,location and '. , size of the new sign. This should be drawn on the-reverse side of this application. , Is the sign to be electrified? Yeote: If yes,a wiring permit is required) Width of building face ft.x 10 x.10 I hereby certify that I am the owner or that I have the authority of the'owner to make this application that. the information is correct and that the use and construction shall conform to the provisions.of§240-59 through§240.89 of the Town of Barnstable Zoni rdinance Signature_'of Owner/Authorised Agent:_ Date: l� Size:, -. ------------- -- _ Permit Fee; Sign Permit was approved:_- -------- Disapproved: ------------ SIGNS/SIGNREQU ofTown, of Barnstable Regulatory Services WtMA„ 'Thomas F.-Geiler,Director, 039. , Building Division Tom Perry; Building Commissioner §. 200 Main Street, Hyannis,MA,02601 wwwao wn.b a rn s t a b l e.m a.0 s Office: 508-862-4038 Fax: 508-790-6230 Permit# Application,for Sign-Permit Applicant: —__—_Assessors No Doing Business As e' Telephone No.- NZ 1_=4L_ Sign Location 9 ,, Street/Road:—�91 "Fe-kvv\ * CPCc� c��.tL�, AkA Zoning District:_ _ Old Kings Highway?t Yes yannis Historic District? Ye o Propertyer Name• '�5� '�0 V_CCQICS,1t: SZTe ephone•_5® Address:_ t_ �► MeA 2 -----�---=-=-------Village:-_-ems----- ---- Sign Contr r Name: VVt — -- U-------Telephone:-- Mailing Address: Description Please draw a diagram of lot showing location.of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrifiedi Yesl�l'„ote: If yes, a tJiring permit is required) Width of building face ft:x 10=_ —xw:10 I Hereby certify that I am-the_owner'or that I have the'authority of the owner to make this application;that the information'is correct and that the use and constructs shall conform to the provisions of§240-59. through§240-89 of the Town,of Barnstable Zoni' r ance. s. Signature of Owner/Authorized Agent: Date: 1 Size L: Perms --- __—_ t F S1gri Permit was approved Disappr"oved: _— SIGNS/SIGNREQU i -31 REALTOR IF �IKESign s� AB . * TOWN OF BARNSTABLE Permit BARNgrLE MASS. y� s639- `� . 'OrFp�A Permit Number: Application Ref: 201002109 20070452 Issue Date: 05/04/10 Applicant: Proposed Use: RETAIL & SERVICE STORE SMALL Permit Type: SIGN PERMIT Permit Fee $ 25.00 Location 1495 FALMOUTH ROAD/RTE 28 Map Parcel 209081 Town CENTERVILLE Zoning District SPLT Contractor PROPERTY OWNER Remarks CC PACKAGE 50 SQ ROOF SIGN Owner: -PENDERGAST, JOHN ] ]R 8i ANN D TRS Address: P O BOX 576 CENTERVILLE, MA 02632 Issued By: p r, POST THIS BARD SO THAT IS VISIBLE..FROM TYIE STREET li Town of BarnstablJO17 r BA ri fI TABLE Regulatory Services , �.; 4„ " .= t . - N4 g: t "B $" Thomas F. Geiler,Director s6gp. �0 G FO Mxc' Building Division, Tom Perry, Building Commissioner.--.------ 200 Main Street, Hyannis,MA 02601N g C _O A www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230`fi Permit# Application for Sign Permit Applicant:75U �-`e a C�� ----3---- As Business sessors No.-------- Doing _- l — —_---Telephone No. �O ' 5— Sign Location Street/Road:_1�CCS ��V�lL9 Zoning District:_— Old Kings Highway? Yes/�Io I�yannis Historic District? SCOD Property er ���� _ 1 . Name:_— iR c`et �� e.4 C-O 0�' -� S"p-6 �— --�--------------- --Telephone: Y� q - - Address:_-- _ t m3LAA Qcvw- -e�cC� �1©� --------�---------------Village:_------------- Sign Cont or Name:_ T ` VWLJ__ _-----Telephone:---- '5® C�' Mailing Address: �`V }�S' �j L.j 50 \( �fV1M,�•�J� -------------------------- Description - Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to'be electrified? -1'e`�ote: If yes, a wiring permit is required) Width of building face ft.x 10=_ x.10= I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through§240-89 of the Town of Barnstable Zonin dinance. Signature of Owner/Authorized Agent: Date: Size:---------------------- T_ Permit Fee: . - Sign Permit was approved: ------=------------- Disapproved:----- --- SIGNS/SIGNREQU /c era� i ) M ,r 1 • � -. � Tom,.• � .. .... ..�. .�.. 'e �i+.. :f r ✓ u �•��•='fix-�,,. N a y W ; ♦ _ T ' • .-�� �_�..t'�— �v'�..�'w..-.+c...+M"�' � � qb"'+��"y 1n. 4 .wise.._., .�t It SHE Sign TOWN OF BARNSTABLE Permit MASS 9� s6 'OTFp A� Permit Number: Application Ref: 201002108 20070451 Issue Date: 05/04/10 Applicant: Proposed Use: RETAIL & SERVICE STORE SMALL Permit Type: SIGN PERMIT Permit Fee $ 50.00 Location 1495 FALMOUTH ROAD/RTE 28 Map Parcel 209081 Town CENTERVILLE Zoning District SPLT Contractor PROPERTY OWNER Remarks CAPE COD PACKAGE STORE DIRECTIONAL REAR SIDE 6 S Q Owner: PENDERGAST, JOHN J JR az ANN D TRS Address: P O BOX 576 CENTERVILLE, MA 02632 Issued By: Qc� bL( _.. POST THIS CARD SO THAT IS VISIBLE FROM THE STREET To of Barej yL -13 ABLE RegulatoryvicesUARM bUmns Thomas F.;Geiler;jDir� for � $ �,.: A 9 .az9. ,�,��c• Building Division Tom Perry.,.`Building Commissioner': 200 Main Street; Hyannis,_MA,,0.2601 z-�_� �., www.town.barns&bleR Mai:use Office: 508-862-4038 Fax: 508-790-6230 ' Permit#: Application for Sign Permit Applicant: U --- ---= Assessors No.----- Doin Business As: ,��'� CgDc� ��6c `J4-� c, :. ��.® O(ea g --- Telephone No. -------- Sign Location 'Street/Road:- Zoning District: Old Kings Highway? . Yes/�10 I�yannis Historic District? Yes Property er �---�+ � t Name:_ �_6g� �$a � ® t2 _ - o _-Telephone: Address;_ J_ Q\xk�,v Ck 41\3 ------Village:(�61 : `v�l {_k - Sign Cont or c Name:---=�\-��=��% :�� C- Mailing Address: ` • Description-- - -- --- --_—�— Please draw a,diagram of lot showing location of buildings and existing signs with dimensions, location and . size of the new si n: This should be drawn on the reverse side of this application. g " Is the sign to be electrified? Ye o ote: I es,`a'whin LL {y g permit is required) Width of building face ft'x 10= x:10= I.hereby certify that'I am the owner or that I have the authority of the owner to make this application,that the information is correct and.that the use and construe ' n shall`conform to the provisions of§240 59 through§240.89 of the Town of Barnstable on* 'nance. Signature of Owner/Authorized Agent -'7 Date. Size: ! `�l�CA<<h� ..Permit Fee: Sign.Permitwas approved ___-- _---- Disapproved: _} PP — ------= -- " .SIGNS/SIGNREQU �.. n . ...d _ I ..� , �� t .p . ,_. � a � ,. - i i, i 4 �.. .. .. _ , ,,. � ,'. i� p, - t / _ .. ,', �, �M e 0• J C79'. r !F` � * ,s � :. .fig �.�. 4 f. 'S:, _ y ,. _ c s a � t r .: �.,- yp x:. .,rie .:� �r, i '. .N ,. i. ....,. „, ,,.,,..,;,.,.,.a .,H,.,..s»+v.-.._:a w::.. .. .«w.�, »,mow i. _ .. � a , .. -, � ,. � + A .. t. f 3 � � _ ., ° � , .+' ` r ,. .� � � � � � � - � �1HE Sign °� Permit BARNSTABLE� * TOWN OF BARNSTABLE MASS. � z6 plFO 39�. A Permit Number: Application Ref: 201002105 20070449 Issue Date: 05/04/10 Applicant: Proposed Use: RETAIL & SERVICE STORE SMALL Permit Type: SIGN PERMIT Permit Fee $ 50.00 Location 1495 FALMOUTH ROAD/RTE 28 Map Parcel 209081 Town CENTERVILLE Zoning District SPLT Contractor PROPERTY OWNER Remarks SIGN CC PACKAGE STORE 15 SQ TEMP SIGN Owner: PENDERGAST, JOHN J ]R 8L ANN D TRS Address: P O BOX 576 CENTERVILLE, MA 02632 Issued By: POST THIS CARD SO THAT IS VISIBLE FROM THE STREET Town 01 BA rgtj 3 PtAIRN 5.1 ABLE Regulatory Services'" snaxM F. a 6 ;'� $ Thomas F: Geiler,Dire or® Al Fo;or' Building Division- Tom Perry, Building Commissioner 200 Main Street, Hyannis�jMA_02601 www.town.barnstable:maus` . Office: 508-862-4038 Fax: 508-790-6230 Permit Application-for Sign Permit Applicant: ---- ---4-__--- Assessors No.___A— Doing Business As: Tel No.=7� ��? Sign Location ��� � ^ Street/Road:_`—_ F.Na OW c�(,�< ``C-�'J Zoning District: Old Kings Highway? ,Yes/('o I yannis Historic District? Yes Property—Cer Name:. >� f -------_� _a_�e- � �Telephone: --=------- Address_11q*S Z--- --- ---------- -------=--Village------ -�""' ' Sign Cont or � �J Name: � (� Cr ��( . —=Telephone: C — . Mailing Address: Description — Please draw.a diagram of lot showing location of buildings and existing signs with dimensions, location and. size of the new sign.' This should be drawn on the reverse side of this application... Is the sign to be electrified? Ye o- ote: If yes,a miring,permit is required) Width of building face , ff.x 10= _ x.10=_ I I hereby certify that l am the owner or that,F have the authority of the owner to'make this application,that the information is correct and that the use and.construction shall conform to the provisions of§240-59 through§24&89 of the.Town of Barnstable Zonin dinance. - Signature of Owner/Authorized Agent: Date: ' ®� C � Size:— � � °""T�-�1p '� $ •, . , , . --=--- -==_------`--------=---Permit Fee:' Sign Permit was-approved: Disapproved:_ SIGNS/SIGNREQU •` ` o D I `oF.HE� Town of Barnstable BARNSTABLE, • Regulatory Services MASS g 039. Building Division ArFO MAC s 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection �C Location /Y 4 S , IeA Permit Number Owner Builder One notice to remain on job site, one notice on-file in Building Department. The following items need correcting: kJ Please call: 508-862-4038 for re-inspection. Inspected by Date r y°FTHE Town of Barnstable + RARSgR E. Regulatory Services 9 MASS. t639• Building Division prFO MP'�a, g i 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice f Type of Inspection r,'O Location 1` 5 Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: P eds S P Cis r-f- J c� G-)r, �luc V,`ic, i Mnvu1)Gr- i A -4, 114-�� snF � J ii fxn .T � 4 t Please call: 508-862-4038 for re-inspection. Inspected b P Y Date 0 MMI OF BARU"ISTI ABLE ❑ oao L t49 DEC 18 AM €1: 56 EMT BROWN LINDQUIST FENUCCIO & RABER ARCHITECTS, INC. t, Ems�E++,, ,{f MEMORANDUM Date: December 17, 2009 TO: Jeffrey Lauzon, Town of Barnstable Buildin ctor FROM: Kurt Raber % �, 40.10563 RE: Cape Cod Package StoreN,a lE. j 1495 Falmouth Road Centerville, MA Ai P55 tH a CC: Dave S., File Below please find the code information you asked us to indentify for the subject project. Please call with any additional questions. Building Code Summary Applicable Codes Mass State Building Code 7th Ed. 521 CMR Architectural Access Board 248 CMR Fuel and Gas Plumbing Code 527 CMR 12 Mass Electrical.Code International Mechanical Code General The project includes the Renovation and Additions to a primarily wood frame building above a basement consisting of poured in place concrete foundations Walls, both new and existing. The east of the building will be two stories in height. The building is currently and will continue to be fully covered by an automatic fire sprinkler system. Areas Basement: 5,284 GSF First Floor: 5,904 GSF Second Floor: 1,393 GSF Total: 12,581 GSF Height Stories: 2 Max. in Feet/inches: 28'-0" Use and Occupancy Per 302.1.1 — Incidental uses are not required to-be separated due to full sprinkler coverage. 302 Classification 302.3.1 -Non-separated Mixed Uses • Mercantile • Business • Storage Allowable Height and Area • Per table 503 - Uses M, B and S all allow for a max. floor area of 9,000 SF, further uses M and S only allow for one story/20'-0": • Per 504.2 —With a full sprinkler system the building height is allowed to be increased by 1 story and 20'. • Per 506 Area Modifications—Though not required for this project, the area of the building would also be allowed to be increased for both Frontage and Automatic Sprinkler Increase. The result of that calculation would equal approx 11,670 SF. Construction Type Type V-B— Unprotected /Combustible Per Table 601 —All building elements are allowed to have a "0" hour rating requirement. Per Table 602—the building stands alone with no others within 30'-0", as such there are no fire rating requirements based on Fire Separation Distance. 780 CMR 7.00 • All membrane penetrations will be sealed/fire-stopped. 717 -Fire stopping and draft-stopping will be provided in all concealed spaces 780 CMR 9.00 Fire Protection and Life Safety Systems • Full coverage with an Automatic Sprinkler System will be provided- design and documentation of the system will be a design build process permits will be applied for separately. • The Fire Alarm and lighting system will also be a design build process—separate electrical permits will be applied for by others. 780 CMR 10.00 Means of Egress 1004.1 Design Occupant Load - In determining means of egress requirements, the number of occupants for whom means of egress facilities shall be provided shall be established by the largest number computed in accordance with 780 CMR 1004.1.1 through 1004.1.3.- Table 1004.1.2 Maximum Floor Area per Occupant Occupancy Floor Area in SF per Occupant Mercantile 30 gsf/occ Business 100 gsf/occ Storage 300 gsf/occ Table 1005.1 Egress Width per Occupant Served Floor Level Area M B S Occupancies with Sprinkler System 30 100 300 Stairways Other Egress gsf/occ gsf/occ gsf/occ 0.2"/occ Components 0.15"/occ Lower Level 5,284 gsf 17.6occ 3.52" 2.64" 1st Floor 3,382 gsf 112.7 22.54 16.90 2,021 gsf occ 6.7 occ 4.2" 1.001, 506 gsf 5.06 occ 65.6" 0.75" 69.8" 17.65" 2 nd Floor 798 gsf 7.98 occ 1.95" 1.46" 524 gsf 1.75 occ • All doors and stairs are 36" or wider, far exceeding the total required egress widths at each level. 780 CMR 1006 Means of Egress Illumination • All floors and egress elements will have emergency lighting. 780 CMR 1007 Accessible Means of Egress • There are multiple accessible means of egress form the main retail space as well as the back of house areas at grade level. Table 1014.1 Spaces with One Means of Egress Per this table the 2"d floor space part storage use and part business use, with a combined occupancy of 10 qualifies as allowable for one exit. Further, section 1018/table 1081.2 allows for B and S uses with a maximum of 30 occupants and 75 travel distance to have one exit. Table 1015.1 Exit Access Travel Distance Occupancy With Sprinkler System (feet) Use Group M, S-1 250 Use Group B 300° a. Buildings equipped throughout with an automatic sprinkler system in accordance with 780 CMR 903.3.1.1 or 903.3.1.2. See 780 CMR 903.0 for occupancies where sprinkler systems according to 780 CMR 903.1.2 are permitted. b. Buildings equipped throughout with an automatic sprinkler system in accordance with 780 CMR 903.3.1.1. Table 1016.1 Corridor Fire-Resistance Rating Occupancy Occupant Load Required Fire Resistance Served by Corridor Rating (hours) With Sprinkler System M, B, S Greater than 30 0 c. Buildings equipped throughout with an automatic sprinkler system in accordance with 780 CMR 903.3.1.1 or 903.3.1.2. Table 1018.1 Minimum Number of Exits for Occupant Load Occupant Load Minimum Number of Exits 1 —500 2 780 CMR 1019.0 Vertical Exit Enclosures • Per Exception#1 to 1019.1 - The occupancy of the 2"d floor is less than 10 we have not enclosed the stair to the office area above • In lieu of enclosing the stairs to the basement, which are currently open and required for constant loading in of goods, we have include a partition to divide the basement as well as doors at the grade level to isolate one side of the building (or each staircase) from each other. 780 CMR 13 Energy Efficiency • see below 780 CMR 34.00 Existing Structures 3400.3 Applicability: The provisions of 780 CMR 34 applies to repair, alteration, addition or change in use to existing buildings. As most of the building is being significantly renovated, the remaining portions of the building will be upgraded to meet current requirements for structural design and energy efficiency. 521 CMR Architectural Access Board • The public area of the building and the two toilet rooms will be made fully accessible. 248 CMR Board of State Examiners of Plumbers and Pipe Fitters • Minimum Facilities For Building Occupancy: • Fully accessible Men's and Women's employee toilet rooms are provided. CAPE COD CONSTRUCTION w a SER VICES INC. -a LETTER OF TRANSMITTAL 163 TERN LANE l a � CENTER VILLE, MA 02632 DATE: 02/12/2010 .�: � cr . (508) 778-0897 ATTENTION.•JeffLa zz on : . RE: Cape Cod Package Store "_ TO: Barnstable Building Department 1495 Falmouth Rd. Centerville WE ARE SENDING YOU x Attached COPIES DATE NO. DESCRIPTION One 211012010 Foundation"As-Built"East Wing. I THESE ARE TRANSMITTED as checked below: _For approval _Approved as submitted X For your use and records _Approved as noted For review and comment _As requested Returned of corrections • ./ c it COPY TO: SIGNED: IF ENCLOSURES ARE NOT AS NOTED,KINDLY NOTIFY US TO'fdl OF 8 i' SL SHE A Town of Barnstable } Barnstable Historical Commission sAtuvsTAs>�, 200 Main Street, Hyannis, Massachusetts 02601 y MASS. $ (508) 862-4786 Fax(508) 862-4725 �p 1639• www.town.barnstable.ma.us `# rgti DIV October 21, 2009 Linda Hutchenrider, Town Clerk _ W 367 Main Street, Hyannis MA 02601 c- ✓Thomas Perry, Building Commissioner ry 200 Main Street Hyannis, MA 02601 r-- _,. Kurt Raber, Brown, Lindquist, Fenuccio& Raber Architects, Inc. 203 Willow Street,Suite A G3 Yarmouthport,MA 02675 Re: DECISION of the Barnstable Historical Commission, pursuant to the Code of the Town of Barnstable Chapter 112, Historic Properties,Article 1, Protection of Historic Properties ss 112-1 through ss 112-7 APPROVING the application for Partial DEMOLITION of follow property: Location: 1495 Falmouth Road, Centerville, MA Assessors map and parcel: 209/081 Date application submitted: October 13, 2009 The Barnstable Historical Commission reviewed the above referenced application at their duly noticed meeting of 10/20/2009. At that meeting, they found that the building at the above address was not an architecturally or historically significant building and they voted to approve the application for partial demolition per plans dated 8/20/2009 without out a public hearing. Portions of the building were originally constructed in 1930. Present and voting to permit partial demolition were: Chairman Barbara Flinn,George Jessop,AIA, Marilyn Fifield, , Nancy Shoemaker,Jessica Rapp Grassetti and Len Gobeil Absent: Nancy Clark Si cerely, Barbara Flinn, Chairman FIRE DEPARTMENTS OF THE TOWN OF BARNSTABLE Fire Prevention Office - Hincldey Building 200 Main Street, Hyannis, MA 02601 (508) 862-4097 BUILDING CODE COMPLIANCE FORM ert "1 ,56 o,/ Plans dated � Q for the pr p _ y located at have been reviewed by �—_ also kr�:nNn as_ _ u — / of the Barnstable 0 COMM ❑ Cotuit f.J Hyannis Ca West:Barnst able- Fire Le.partment. THE CHART BELOW INDICATES THE STATUS OF THE REVIEW: TYPE OF CONSTRUCTION DOCUMENT, N/A RECEIVED REVIEWED COMPLIES 1. Narrative Report lt� 2. Firefighting & Rescue Access ✓ �/ �� 3. Hydrant Location & Water Supply 4. Sprinkler Systems 5. Sprinkler Control Equipment �/ V 6. Standpipe Systems 7. Standpipe Valve Locations 8. Fire Department Connection (� 9. Fire Protective Signaling System 10. F.P.S.S. & Annunciator Location 11. Smoke Control/Exhaust 12. Smoke Control Equipment Location 13. Life Safety System Features 14, Fire Extinguishing Systems 15. F.E.S. Control Equipment Location 16.Fire Protection Rooms 17. Fire Protection Equipment Signage w 18. Alarm Transmission Method 19. Sequence of Operation Report 20. Acceptance Testing Criteria We believe this document to be complete and compliant for the issuance of a building permit. We have completed the acceptance testing for the occupancy permit and believe that within the scope of the building permit, the above issues are in compliance. E TOWNOF BARNISTABLE B R O W N LINDQUIST FEN U C C I O & RABE R AR S; I N C. 13 October 2009 Barnstable Historic Commission 'l Town-of Barnstable 200 Main St. Hyannis, MA. 02601 RE: Cape Cod Package Store 1495 Falmouth Rd. Centerville Map#209 Lot#81 Dear Board Members; It is our pleasure to represent the Pendergast family and the Cape Cod Package Store(CCPS) as the Architects for their upcoming renovations. The Building Commissioner(Tom Perry) has referred this matter to your commission as the work required to renovate and expand the CCPS requires the removal of the remains of the p original 1930's era home which is part of the existing structure (east/left end). It should be noted that the original building was constructed as a home elsewhere and relocated to this location. Over the years many alterations and modification projects have eroded or concealed the historic portion of the structure. In fact, very little of the historic fabric of the original building remains visible to passers by,or the store's patrons. We have included some-photographs and existing condition elevation drawings of the building as well as drawings for the,proposed.projeci. We hope you will agree that the Owners are planning a project which is reminiscent of shingle style/mercantile buildings of the past. We believe the completed project will benefit the Barnstable/Centerville community. Finally, I am available to visit the CCPS location with one or more board members if desired. Please contact this office with any questions or concerns: Sincerel oe Ku . Raber Cc: J. Pendergast, A. Pendergast, D. Atsalis, M. Ford, Esq.,'JT Terry Bldg.Comm. R. Fenuccio Enc: Application, Photos & Drawings' I 203 WILLOW STREET,SUITE A PH 508-362-8382 YARMOUTHPORT,MA02675 WWW.CAPEARCHITECTS.00M FAX508-362-2828. Town of Barnstable 200 Main Street �slY\lJ1 Hyannis, MA 02601 Notice of Intent to Demolish or Move an Historic Building/Structure Is Building/Structure located in a Local or Regional Historic District: YES 0 NO If YES, Protection of Historic Properties Bylaw does not apply and it is not necessary to fill out the-remainder of this form. PRINT IN INK Date of Application: 10/13/2009 Building/Structure Address: 1495 Falmouth Rd,_ CPnt-Prv11 P MA_ 0263a Number Street Town State Zip Assessor's Map#: 209 Assessor's Lot#: 81 Is Building/Structure listed on the National Register of Historic Places or on a pending list with the National Register of Historic Places: YES ❑ NO How old is the Building/Structure: Original pm ti on dates to 1 g3 thPr 1965 How is the Building/Structure Occupied: Liquor sales / Real Estate Number of Stories:. 1 Office Architectural style of Building/Structure, describe if not known: goo attarhcd cnxi sti ng drawi nts Material of Building/Structure: Wood shingle & brick veneer, asphalt roof, plate glass windows Is this Building/Structure associated with one or more historic events or persons., Please list event, description or names: unknown Type of Building/Structure and proposed work: Renovations and additions have been approved by the Barnstable ZBA which include recons niction of Past (left) and and tha add;t-i cm of a second f oor PP a tac'!hpA prmo-,ed drawi nris Explanation of the proposed use to be made of the site: This is an expansion of the two uses, which have occupied this property for more than seventy years Zoning District: HO Fire District: COMM Applicant's Name: Kurt E. Raber; Brown Lindquist Fenuccio & Raber Architects, Tnc Address: 203 Willow St. Suite A Yarmouthport MA 02675 Number Street Town State Zip Owner's Name: Pendergast Falmouth Rd Realty Trust Address: 1495 Falmouth Rd. ' Centerville MA 02632 Number Street Town State Zip Contractor: T.B.D. Address: Number Street Town State Zip ` Program of Lot and Building/Structure with dimensions: I Name: L�,I f1 19 i e f� yti • '•0:J G:.`. 1. MILL- vm* ..,. ass I Y - _ .� _ ?ray 'A .t Y ;✓ r STAMP: .9 Z. V I� z MEEES a LEFT SIDE ELEVATION-FACING RIGHT SIDE ELEVATION-FACING SCALE: SCALE: 1/ _ 1'—D� f ui w �• c � z � J BRICK U p O � wlrwEr w ASPHALT O Z U- l.l-I SHINGLES U D Ln U o U W.C.SHINGLES " o0 Ix0 VERT.BDS. ALL STIX2AGE SHEDS - REAR ELEVATION-FACING PNINNEY'S LANE . SCALE:' I/4 I'—O - - •. - - . EXISTING ELEVATIONS DATE ISSUED: 08/20/20W ASPHALT REVISIONS: SHINGLES j A 4 g8 4g 8 a BRICK P DRAWN BY: S.IQlalll PROJECT P: Yfl d tt DRANANGNO.: SHINGLES 1 nFRONT ELEVATION-FACING ROUTE 28 EX2. 1 SCALE: I/4� m L r - STANN: I I I I A I I I I I I--- — — �- -I---------- L. Tj.9 9i if 12 U CAPE COD PACKAGE STORE ?.1—ENTRY • T.O.RWF 3 . ----- 2—_---- - FASCIA EL _ F 9CIA I - - I PVC COWI'IN - ENCLWURE ALUM ENTRY MORE/ _ STOREFRCNT 5YSTEH CEIIENT CLAPBOARDS, _ PAINTED BEL'T1T.T1-- --� - 1 I I I f I I ICE CHEST I I I I - II I 6Y aNNER I I 1 F1L1T I I r1_1T' r1_lT r1_lT I �- _ I L_r_J I I L---J L---J L---J I L__•J I LU I I I c Op o J N EE Qp L PROPOSED WEST ELEVATION LU LU c J O w o12 oI I 10 o9 \;l 'O �;J L:J•' `J l�1 _, 111 O p > Lu I B.5 I I c LU "`1 CWIINDwS RDDF VENt I D RIB— I-------- — i G F E RELOC.�TED IXISTING BUILDING SIGN�NEW UGHiS CONTINUwS—VENT TYPICAL RACK GABLE END VENT EOARD DETAIL . 6 I SHMGLES ARCHRECTURAL ASPHALT VINYL CLAD WOOD DOUBLE HUNG WINDOW I 2 B 3 1 T GWSE-NEG% - uGHnNG F wER 1495. TYPICAL RKK D DETAIL FILYXi EH- AWHiNUHUGUTf EXTERIOR WLunN ENCLosuRe ELEVATIONS - ALUH.ENTRY _ STOREFRMT 5YSTEH CCLUPIN BOfTdt OPENINGS TC- - EN—RE RECEIVE INSULATED .. nETAL PANEl9 DATE ISSUED: 0 lu FLDOR _— lat LDOR 101131 NISPLAr PKTURE WHITE CEDAR PVC WATER TABLE. WIRED VINYL CLAD CEHENI L'Awn.GUTTER• REVISIONS: I I I INWWS TYP. SHINGLE 9101NG PAINTED,TYP. I I WD WINDOWS CLAPBOARDS DQPI$PGDT (WHITE) 1 I I I I I I III - PANTED I r �LJ� I 1 IIJ rLJ, I I I I III I S -r _________________ __________ �I _-___-_-_______-_____ III ____ _____ I -gensEnEur I I I _ _ __ _ I BAsrrlExr __—___.r�rT__ ____ ___ — r�'rT=====_---------------------T�rT— _—=—===T� -1 DRAWN BY: L _1_________________ _________________L _1____—__________—__—__—_—___1 _1___________________ .. ________________________________________________________________________J__ J 5161aN PROJECT#: ## DRAWING NO.: n PROPOSED NORTH ELEVATION Scale: 1/4" = I'-O" A 3. 1 9 e� =s L J r STAMP: c gry 0 z� ^ o� - - - I M' EE3 ME Ea 8 I z i149 ---AMLL I o 0 IOL FLCOR.� cz 1 LU ° I (Q� c I. � YCS J PROPOSED EAST ELEVATION Q Z ° c Scale: 1/4" a II-011 ° 2 J W - ° ; LL IZ U LLJ LU B I D GABLE END VENT I 95 RM 12G .. NIMNEY I i - ENCLO511 CAPE COD PACKAGE STORE - F CEILING I _ OVER ENTRY --- - EXTERIOR o ELEVATIONS Ew coLunN wig we ENOIaGURE PATE ISSUED: 10/13/2009 REVISIONS: I I I J I I I I I I LJ rL_� 1 rUr----------------1-�r----------rU, I I I I I II r r r 1-t______-__ I I I II DRAWN BY: III I I I I I I S.ImaN t3 i� i��_—_---_—_—_— PROJECT f: *# 1 3 PROPOSED SOUT�I ELEVATION 1 DRAWING NO.: ➢$ Scale: I/4" = I'-0', A 3.2 J #/� L LOCUS INFORMATION REVISIONS: Z NO. DATE DESC. N a I CURRENT OWNER: PENDERGAST FALMOUTH OVERLAY DISTRICT: AP a a ROAD REALTY TRUST U NITROGEN SENSITIVE TITLE REFERENCE: DEED BOOK 15793, PAGE 321 ZONE: NOT A ZONE II _ d ROAD 28 FALMOUTH PLAN REFERENCE: PLAN BOOK 198, PAGE 139 FEMA FLOOD LOCUS ZONE DISTRICT: "C", DATED 8/19/85 ASSESSORS MAP: 209 PANEL #250001 0005 C — rn P9 S PARCEL: 81 _ O q MINIMUM LOT SIZE: 87,120f S.F. ZONING DISTRICT: HO EXISTING LOT SIZE: 35,853t S.F. d 9 S SETBACKS: FRONT 45 SIDE 15' REAR 20' Q LOCUS MAP I CERTIFY TO THE BEST OF MY NOT TO SCALE PROFESSIONAL KNOWLEDGE, INFORMATION AND BELIEF THAT THE LOT CORNERS, /•., ' DIMENSIONS AND SETBACKS TO THE /•. STRUCTURE AS DETERMINED BY INSTRUMENT SURVEY AND AS SHOWN ON THIS PLAN ARE CORRECT. :% (209-018) OF CRAIG a FIELD v► ��a /.• ' .� No.38039 X. k Q, �.�.cl Pt_.r 2/10/10 �Al 1: R SSIONAL LAND SURVEYOR . DATE (209-017) FOUNDATION A. i ►:' AS- BUILT ,�•'• ••.;, ;�, ���, • .:i PLAN CAPE COD I: -LU PA CKA GZ STORE � 61,� p ,� h ,.3 #1495 i •°- / 0��C. ' i '� o �°. FALMOUTH ROAD (209-01\6) IN °• CENTERVILLE t ' ' ' Q / MASSACH USETTS (BARNSTABLE COUNTY) 100, CL A. A. ,5 BENCHMARK SET , ,' / FEBRUARY 10, 2010 r/ /''• ••y j/ TAG BOLT ON / % `\\ . • / '' ' �h �••. "� HYDRANT #599 ELEVATION 51_00 UNDER CONSTRUCTION / 1. %.• :• • / �/:• BARNSTABLE COUNTY FOUND BOUND Nk / �: • % / / PREPARED FOR: ANDREA PENDERGAST / ONCRETE .. 1495 FALMOUTH ROAD, RT. 28 BOUND FOUND / C209-055-001>AND HELD CENTERVILLE, MA 02632 / / •;.� (508) 775-8608 A,, �0/ N34y8,30"fy Q... CONCRETEBSC BOUND FOUND O v i A UTT AND HELD TING / 349 Route 28,Unit D BUILDING West Yarmouth, Massachusetts 02673 508 778 8919 © 2010 The BSC Group, Inc. (209-057) SCALE: 1" = 30' (208-082) 0 3.75 7.5 15 mum mwmmw 0 15 30 60 Fr PROJ. MGR.: CRAIG FIELD FIELD: D. GAZZOLO / N. MERCIER CALC./DESIGN: K. HEALY DRAWN: P. HAGIST CHECK: CRAIG FIELD FILE: 9305-ABF.DWG DWG. NO: 5870-0 SHEET 1 OF 1 JOB. NO: 4-9305.00