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Final Construction Control Document
u To be submitted at completion of construction by a
Registered Design Professional
,y for work per the 8th edition of the
O,� gYev
Massachusetts State Building Code, 780 CMR, Section 107.6.4
Project Title: Lakeside Commons Date:6/17/2013 Permit No.
--4
Property Address: 1555& 1575 iyanough Road(Rt: 132) Hyannis,MA Uj
€O i c�
Project: Check(x)one or both as applicable: X New construction Existing Construction
Project description: New office building+/- 18,300 GSF; Core& Shell Only; Tenant Fit Ap work liy othe`i
I Kurt E.Raber MA Registration Number: 10563 Expiration date: 8/31/2013 ,am a registered design profeional, and
hereby certify that I have prepared or directly supervised the preparation of all design plans,computations aff
specifications concerning':
Entire Project X Architectural Structural Mechanical
Fire Protection Electrical ,Other:
for the above named project. I certify that I,or my designee,have performed the necessary professional services and was
present at the construction site on a regular and periodic basis to determine that the work proceeded in accordance with
the requirements of 780 CMR and the design documents prepared by me and approved as part of the building permit and
that I or my designee:
1. Have reviewed,for conformance to this code and the design concept, shop drawings, samples and other submittals
by the contractor in accordance with the requirements of the construction documents.
2. Have performed the duties for registered design professionals in 780 CMR Chapter 17, as applicable.
3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the
progress and quality of the work and to determine if the work was performed in a manner consistent with the
construction documents and this code.
Enter in the space to the right a"wet"or
electronic signature and
seal-0 No. 10563
BARNSIABLE, ip
S.
PG
Phone number: 508-362-8382 Email: kurtraber@capearchitects.com
Building Official Use Only
Building Official Name: Permit No.: Date:
Note 1.Indicate with an`x'project design plans,computations and specifications that you prepared or directly supervised.If`other'is chosen,
provide a description.
Trial Version 10 09 2012 ,
i 1
Final Construction Control Document
To be submitted at completion of construction by a
Registered Design Professional
for work per the 8`h edition of the
Massachusetts State Building Code, 780 CMR, Section 107.6.4
Project Title: Lakeside Commons Date: April 19,2013 Permit No.:
Property Address: 1555 & 1575 Route 132,Hyannis,MA
Project: Check(x)one or both as applicable: X New construction Existing Construction
Project description: Two Story Office Building
I Michael R.Guilmet,MA Registration Number: 36601 Expiration date:June 30,2014,am a registered design
professional, and hereby certify that I have Prepared or directly supervised the preparation of all design plans,
computations and specifications concerning :
Entire Project Architectural X Structural Mechanical
Fire Protection Electrical Other:
for the above named project. I certify that I,or my designee,have performed the necessary professional services and was
present at the construction site on a regular and periodic basis to determine,to the best of my knowledge and belief,that
the work proceeded in accordance with the requirements of 780 CMR and the design documents prepared by me and
approved as part of the building permit and that I or my designee:
1. Have reviewed,for conformance to this code and the design concept,shop drawings,samples and other submittals
by the contractor in accordance with the requirements of the construction documents.
2. Have performed the duties for registered design professionals in 780 CMR Chapter 17,as applicable.
3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the
progress and quality of the work and to determine if the work was performed in a manner consistent with the
construction documents and this code.
Enter in the space to the right a"wet"or Of
electronic signature and seal:
MMAEL R.
OUP-MET
'SMUMBAL �'p
No.3MI r
I
QSit
'ro4AL '4'
Phone number. 781)9 -8557 Email: mguilmetnaoallenmalor.com
Building Official Use Only
Building Official Name: Permit No.: Date:
Note 1.Indicate with an`x'project design plans,computations and specifications that you prepared or directly supervised.If`other'is chosen,
provide a description.
Trial version 10092012
3225 MAIN STREET PO BOX 226
BARNSTABLE, MASSACNUSETTS 02630
------------
s CAPE CO®
(50$) 362-3828 Fax (508) 362 31.36 www.capecodcommission.org COMMISSION ' .
t
TO: Town of Barnstable Town Clerk,`Building Ins22
pector,Town Planner, Planning
Board, Conservation Commission, Board of Health Board of Appeals,_DRI
Liaison
FROM: Gail Hanley, Clerk of the Commission
SUBJECT: Rose Motel Redevelopment/Lakeside Commons
Minor Modification(Type 2)to the Development of Regional Impact
Hardship Exemption Decision
CU-HDEX07018
DATE: _ September 14, 20 2
Enclosed please:find a copy of the Minor Modification(Type 2)to the Development of Regional
Impact Hardship Exemption Decision for the Rose Motel Redevelopment/Lakeside Commons
UU
project that was approved by the Cape Cod Commission on September 13, 2012.
Should you have any questions,please do not hesitate to contact our office.
r E
3225 MAIN STREET P.O. BOX 226 ' t,," -
BARNSTABLE, MASSACHUSE T TS 02630
CA E COD-
(508) 362-3828 ® Fax (508)362-3136 @ www.capecodcommission.org COMMISSION. : .
Minor Modification.Typc*�
DATE: September 13,2012
TO: Attorney Peter L. Freeman -.
Freeman Law Group L LC
86 Willow-Street
Yarmouthport, MA 02675
FROM: Cape Cod Commission
RE: Modification of a Development of Regional Impacfi
PROJECT APPLICANTS;' Floyd J.Silvia,Trustee, Sixty North Street Realty Trust and
Rose Capeway LLC
PROPERTY OWNER: Sixty North Street Realty Trust and Rose Capeway LLC
PROJECT# CU/1-IDEX/67o18
PROJECT: Rose Motel Redevelopment/Lakeside Commons
LOCATION: 1555 Iyannough Road and 1575 Iyannough Road
Route 132, Barnstable,MA
BOOK/PACE: Book 22146 Page 76
MAP/PARCEL: Map 253 Parcel 16
rd
Background and Modification Request
As described in a February 20o8 Change of Use decision,the project site is a 2.2 acre parcel that
encompasses 1555 Iyannough Road(Route i 32) and 1575 Iyannough Road(Route 132), -
Hyannis,"MA.The site is bounded on the south by Shallow Pond, on the north by Route 132,on -
the east by-an office building at 1545 Iyannough Road(Route 132), and open space to the west
owned by the Town of Barnstable.
The 2008 project proposed to demolish the existing Rose Motel, an approximately 17;580
square foot, 27-unit,38-room motel, and redevelop the site with a then 18,26o square foot,two-
story professional office building and drive-thru bank with associated parking,landscaping and
stormwater and wastewater infrastructure. The Rose Lodge building(1575 Iyannough Road),
consisting of nine (9) residential single room occupancy units was to remain 611 the site.
The.2/12/08 Change of Use decision,with conditions, determined that the redevelopment of the
property from the Rose Motel to an office building qualified as a DRI. At that time,the
Applicant was not proposing to change or demolish the Rose Lodge. The Change of Use
decision also determined that the proposed project could undergo limited DRI review in the
single issue area of transportation. In a decision dated 3/20/08,the Commission approved with
conditions a DRI Hardship Exemption for the redevelopment of the site into Lakeside
Commons.
The February 20o8 Change of.Use decision for the Rose Motel Redevelopment/Lakeside
Commons project included the following two Affordable Housing findings that concern the Rose
Lodge building(shown in italics):
F-AH2. The Rose Lodge building on the site has six one bedroom apartments with a
shared kitchen, and the applicant has proposed no change to that building.MPS,5.1.1,3
[of the 2002 amended Regional Policy Plan] states that "For DRIs,residential and/or
commercial construction, redevelopment, or subdivision development projects
resulting in the reduction of non-condemned residential units shall be prohibited,
unless otherwise permitted by the Commission.''
F AH,3.Any proposed change to the current residential use at the Rose Lodge building
will require Commission review as a modification of the DRI.
On 9/4./12, Commission staff received a request from Attorney Peter Freeman to modify the
Change of Use decision to allow demolition of the Rose Lodge building. .
Other Modifications Granted to Date
The first modification affected only the Hardship Exemption decision. The first modification
was by a decision dated 11/18/08, and accommodated changes made by Barnstable's Site Plan .
Review Committee, and the removal of a raised island proposed for the right in/right out
driveway for the project. The raised island was determined to no longer necessary given the
raised median in place as part of the completed Route 132 improvements.
The second modification,dated'7/2/12, changed both the Change of Use and Hardship
Exemption decisions. The second modification allowed five changes to the proposed project: a)
elimination of the proposed drive-through bank,b)replacing the drive-through bank with office
space, c) increasing the size of the office building from 18,26o square feet to 18,870 square feet,
d) revising the parking to add 5 parking spaces, and e)to reduce the required transportation
mitigation payment in recognition of elimination of the drive-through bank.
Commission Jurisdiction and Determination on Modification bequest
Section 13(a)(i) of the Commission's Enabling Regulations(Revised March 20i1/New Fee
Schedule Effective 7/1/12) provides that an Applicant"who has obtained a favorable decision
from the Commission, or a successor in interest to a favorable and transferable Commission
decision„may apply for a decision modification."
The Enabling Regulations describe a Minor Modification Type #2 as "a substantially similar
proposal,to the original project but involves a minor Change of Use, a minor change to the site
plan, or a small change to the findings or a condition of the original approval which does not
.affect the intent or outcome of the finding or condition," The Enabling Regulations also state
Rose Motel/Lakeside Commons(CU/HDEX-07018)
Minor Modification#2
September 13,2012
Page 2 of 3
71
Minor Modification Type#2 "shall not result in different or increased impacts-to the resources
protected by the Act and/or the RPP.
After consideration of the request by Attorney Freeman demolish the Rose Lodge building,the
Commission's Regulatory Committee determined at a meeting on September',13, 2012 that the
request to demolish the building constitutes a change to the Affordable Housing Findings of the
Change of Use decision,and is approved as a Minor Modification Type #2.
MODIFICATION TO P_oo8 CHANGE OF USE DECISION The following changes are hereby made to the Rose-Motel Redevelopment/Lakeside Commons
Change of Use decision, as amended, as shown below. New, added text is shown in bold. Text
to be deleted is shown strikeout:,
All findings.and conditions attached to the original Change of Use:decision and the Hardship, 1
Exemption decision,as amended,continue to apply except as modified'herein: '
FINDINGS
F-AH4. The Cape Cod Commissions Regulatory Co>i mittee has determined that
the Applicant may demolish.the Rose Lodge building which exists on the Rose
Motel Redevelopment/Lakeside Commons project site. The Regulatory Committee
grants this action as a Minor Modi£icatiori Type #2 to the Rose Motel-
redevelopment/Lakeside Commons Change of Use decision on September 13,
2012. 1 �
Royden Richardson, Regulatory Committee Chair' Date
COMMONWEALTH OF MASSACHUSETTS;-
Barnstable; ss �o / , 2012.
Before me,the undersigned notary public,personally appeared / o tCGI 'GLl/cS<J�C
in his/her capacity as the Chair of the Cape-Cod Commission Regulatory Committee,whose
/ P tY
name is sigiied on the preceding document,and such person acknowledged to me that he/she
signed such document voluntarily for its stated purpose. IThe'identity of such person was proved ,.
to me through satisfactory evidence of identification,which was [_] photographic identification
with signature issued b a federal or state governmental agency, [_] oath or affirmation of a
V .
credible witness,or[_qgersonal knowledge of the undersigned:
Notary Public
GAIL P.HANLEV
Notary Public
COMMONWEALTH OF MASSACHUSETTS �y
Ulf My Commission Expires My Commission Expires`
September 28,20i8
Rose Motel/Lakeside Commons(CU/HDEX-07018)
Minor Modification#2 .
September i; 2012 .
Page 3 of 3 -
Nu.tter
Patrick M. Butler
Direct Line: 508-790-5407
Fax: 508-771-8079
E-mail: pbutler@nutter.com
MEMORANDUM
October 16, 2008
By Hand
#10i433-12
TO: Tom Perry, Building Commissioner
CC: Joseph Keller
FROM: Patrick M Butler (( ( oY
RE: Shallow Pond Nominee Trust - 1575 Iyannough Road (former Rose Motel)
Tom,
Enclosed please find copies-of the following documents:
1. Special Permit No. 2008-054 - Conditional Use Special Permit for.Drive-thru
Banking and Site Parking
2. Special Permit No. 2008-055 Reduction in Required Onsite Parking
3. Cape Cod Commission Limited DRI Decision
It is the purpose of this memorandum to confirm that upon the expiration of the appeal
period on October 29, 2008, and the recording of the special permits, that the applicant may
proceed to apply for a building permit and, with the exception of the building permit, no
further permits or approvals are required in order to commence construction.
We would appreciate your acknowledging your receipt and confirmation of the
foregoing by signing and returning the enclosed copy of this memorandum for our transmittal
to the applicant.
NUTTER McCLENNEN & FISH LLP ®ATTORNEYS AT LAW'
1513 Iyannou h Road ® P.O. Box 1630 s Hyannis, Massachusetts -9 y setts02601 1630 508-790-54 - -00 Fax: 508 771 8079
www.nutter.com
Tom Perry, Building Commissioner.
October 16, 2008
Page 2
Thank you for your assistance and cooperation on this matter.
PMB:cam
Enclosures
Receipt acknowl e and the oregoing is confirmed:rmed:
.Thomas Perry, Town of Barnsta ul mg Commissioner
Date:
1775885.1 "
3225 MAIN STREET P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630 Y
CAPE C ®
(508) 362-3828 ® Fax (508)362-3136 g www.cap6codcom miss ion.org; COMMISSION
TO: Town of Barnstable Town Clerk, Building Inspector,Town Planner,Planning"
Board, Conservation Commission, Board of Health,Board of Appeals, DRI
Liaison
FROM: Gail Hanley, Clerk of the Commission `
SUBJECT: Rose Motel Redevelopment/Lakeside Commons
Minor Modification(Type i)to the Development of Regional Impact,
Hardship Exemption Decision '
CU-HDEXo70l8 wll
{ . -
DATE: . July 5, 2012
L
Enclosed please find a copy of the Minor Modification(Type•i)to the.Development of Regional r
Impact Hardship Exemption Decision for the Rose Motel Redevelopment/Lakeside Commons
project that was approved by the Cape Cod Commission on July 2, 2012. `
Should you have any questions,please do not hesitate to contact our office.,
- �
C
..M1
f
, .
e
,' 3225 MAIN STREET P.O. BOX 226E ' r
BARNSTABLE, MASSACHUSETTS 02630 , ,
CAPE.COD ,
(508) 362-3828-e Fax (508) 362-3136 ® www.capecodcommission.org COMMISSION
Minor Modification Type #1 ". .
DATE: July 2 2012 :
TO: Attorney Peter L. Freeman
Freeman Law Group LLC -
86 Willow Street `
Yarmouthport, MA 02675 _
FROM: Cape Cod Commission
RE- Modification of a Development of Regional Impact -
PROJECT APPLICANTS: Floyd J. Silvia;Trustee,,Sixty North'Street Realty Trust and'
Rose Capeway LLC
r
PROPERTY OWNER: Sixty,North Street Realty Trust and Rose.Capeway LLC s
PROJECT# CU/HDEX/o7o18 - • '
PROJECT: Rose Motel Redevelopment/Lakeside'Common's -
LOCATION: 1555:Iyannough-Road•and`1575 Iy_annougI�Road
' - Route 132, Barnstable,
BOOK/ PAGE: Book 22146 Page 76`
MAP/PARCEL: Map 253 Parcel 16
Background
In a decision dated 2/12/o8,•the Cape Cod Commission(Commission),through the Regulatory
Committee,issued a Limited Development of Regional Impact Determination for Change of Use
'~--ICU)-deeision;-witli conditions;Shallow Pond Nominee Trust and Sixty North Street Realty
Trust which determined that the redevelopment of the property from the Rose Motel to an
18,26o square foot office building qualifies as a DRI. The CU decision also determined that the
proposed project shall undergo'limited DRI review in the issue area of transportation only.
In a decision dated'3/2o/o8,the Commission approved with conditions the application of
Shallow Pond Nominee Trust and Sixty North Street Realty Trust for a DRI Hardship
Exemption for the redevelopment of the Rose Motel as Lakeside Commons. "
The March 2oo8 Hardship Exemption decision was modified by a decision dated 11/18/o8 to
accommodate changes made by Barnstable's Site Plan Review Committee,and the removal of
the raised island proposed for the right in/right out driveway for the project. The raised island
was determined to no longer necessary given the raised median in place as part of the completed
Route 132 improvements.
Modification Request
On 6/ig/12, Commission staff received a request from Attorney Peter Freeman representing
Sixty North Street Realty Trust and Rose Cap eway LLC to modify the Hardship Exemption
decision to reflect proposed project changes. These changes include: a) elimination of the
proposed drive-through bank,b) replacing the drive-through bank with office'space(adding goo
square feet of office space on the first floor) c)increasing the size of the office building from
18,26o square feet to 18,870 square feet,d) revising the parking to add five(5)parking spaces,
and e)to modify the decision to reduce the required transportation mitigation payment in
recognition of elimination of the drive-through bank.
i L
Commission Jurisdiction and Modification Types
Section 13(c) of the Commission's Enabling Regulations, as amended May 2o11,sets out the
types of DRI modifications. A Minor Modification Type #i is defined as "revisions that are the
result of more restrictive conditions imposed by,a local board or technical corrections or
changes that the Executive Director or his/her designee determine are de minimus changes to
the project." The Enabling Regulations also state that Minor Modifications Type #1 "shall be
approved by that the KXecutive Director or his/her designee and reported to the Regulatory
Committee and do not require further review by the Commission."
Determination on Modification Requests
After consideration of the request by Attorney Freeman make changes to the proposed
redevelopment of the Rose Motel into Lakeside Commons in Barnstable,MA the Commission's
Executive Director has determined the requested changes constitute de minimus changes, and
are approved as Minor Modifications Type #i.
Changes to 2008 Change of Use Decision and 2008 Hardship Exemption Decision
The following changes are hereby made to the Rose Motel Redevelopment/Lakeside Commons
Change of Use decision and to the Hardship Exemption decision, as amended, as shown below
to reflect the proposed project changes. New, added text is shown in bold. Text to be deleted is
shown on strikeout.
All findings and conditions attached to the original Change of Use decision and the Hardship
Exemption decision, as amended, continue to apply except as.modified herein.
CHANGE OF USE DECISION FINDINGS
F-Gi. The project that is the subject of this Decision is as follows:
The project site is a 2.2-acre parcel located at 1555 Iyannough Road(Route 132), Hyannis, and is
bounded on the south side by Shallow Pond, on the north by Route 132, and on the east by an
office building at 1545 Iyannough Road and on the west by open space owned by the Town of
Barnstable. While the development is proposed on the parcel identified as 1555 Iyannough
.Road(Route 132),the adjacent property(1575 Iyannough Road) is considered part of the
developed site because a portion of the parking for the project is located there.
Rose Motel/Lakeside Commons(CU/HDEX-07018)
Minor Modification#1
July 2,2012
Page 2 of 5
The project-is located in a Growth Activity Center as designated in the Barnstable Local
Comprehensive Plan. The parcel is split between two local zoning districts-highway business
and residential zones.
The project proposes to demolish the existing Rose motel, an approximately 17,58o Square foot
(SF), 27-unit,38-room motel. The site will be redeveloped with an 18,870 SF i8,26e SF,two-
story professional office building with associated parking,landscaping, and
stormwater and wastewater infrastructure. The Rose Lodge building(1575 Iyannough Road
will remain.on site.
Currently the site has vehicle access through one driveway on Iyannough Road. A f interconnect
with abutting parcel(s) (1545 Iyannough Rod)is proposed. The existing access easement that
provides a connection between commercial properties fronton Route 132 and Old Strawberry
Hill Road will be maintained. Zoning requires 6o parking spaces-and 55 57 will.be provided.'
a
F-G3. The proposed project is to be constructed according'to the_following plans: -
Site Permitting Plans, Lakeside Commons Redevelopment Project Proposed O'ffice
Building and Drive-Thru Bank,prepared by BSC Group-as revised 12/18/07 and dated as
received by the Commission on 5/25/07,sheets,C-1 C-11, and'as amended by
Proposed Site Plan at 1555 Route 132,Hyannis/Layout by JC Engineering,
Inc., 2845 Cranberry Highway,East Wareham,MA dated 6/22/12,prepared
for Silvia&Silvia Associates, Sheet i of i
Site Drainage Plans, Lakeside Commons Redevelopment Project Proposed Office
Building and Drive-Thru Bank,prepared by BSC Group'as revised 12/18/d7 and dated as
received by the Commission on 9/25/07
Floor plans, roof plan and exterior elevations for the Proposed Office Building and
Drive-Thru Bank,prepared-by Brown Linquist and Fenuccio&Raber Architects,Inc., ,
" dated 11/01/07 and dated as received by the`Commission on 11/13/07, sheets A-1-.1,Ai.2,
Ai.3,A2.1 an ^ and as amended.by sheet Ai.i, sheet A2.i and'sheet A2.2
entitled New Office Building/Lakeside Commons from Brown Linquist and
Fenuccio&Raber Architects,'Inc. dated 1i/18/o8,revised 3/30/12, received '
by the Commission on 6/i9/12.
Should unexpected conditions arise during demolition and construction that require redesign of
the building,the applicant shall obtain approval from Cape Cod Commission staff prior to the
start of construction consistent with Seetien 12 or he Commission's Enabling Regulations and
Modifications to approved projects. Modification's made during construction that are iii
accordance with the approved elevation drawing shall be considered as Minor Modifications #1
and approved by.Commission staff. _
_. = M F-CC2:"Goal'6.2 of the RPP encourages redevelopment and seeks to,-ensure that future
development respects the traditions and character of Cape Cod consistent with the
Commission's design manual,Technical Bulletin #96-001. The proposed building is consistent
with RPP community character goals and standards. The proposed building has a footprint of
approximately 9,eee 9,48o square feet,which is well below the 50,000 square foot footprint
allowed for redevelopment projects,under MPS 6.2.5. MPS 6.2.2 requires"in all cases,where ;
new buildings and additions are proposed,that the mass and scale of the building, roof shape,
roof pitch,and proportions and relationship between the doors and windows shall be - -
` Rose Motel/Lakeside Commons(CU/HDEX-o7o18)
Minor Modification #i
July 2,2012+
Page 3 4 5 .
t
harmonious among themselves and consistent with traditional Cape Cod architectural styles."
The proposed design includes variation in the massing,facade, and roof form to reduce the
apparent mass of the building,and the proposed materials are consistent with regional
traditions:
F-LSi. MPS 6.2.7 requires parking to be located to the side or rear of a building in order to
promote traditional village,design in commercial areas,unless such location would have an
adverse or detrimental impact on environmental or.visual features on the site, or is infeasible.
The proposed project consists of 5-2-57 parking spaces that are located to the side and rear of
the building, consistent with MPS 6.2.7. The proposed site design is not more detrimental than
the immediate prior use.
F-EL2. Exterior lighting for the proposed project consists of 28 nineteen(19)total fixtures
comprised of five pole-mounted metal halide fixtures,five metal halide bollards,
+,,, halidefhxt, fes t the a,:ve„r,three recessed fluorescent fixtures, and six half-round wall
lights. All of these light types are consistent with MPS 6.2.10 and Technical Bulletin 95-001. In
addition,all of these lights meet the shielding and cut-off requirements specified by Technical
Bulletin`95-oo1. It also appears'that the lights will meet the mounting height limits for pole and
on-building fixtures stipulated by the Technical Bulletin.
F-EL3. A revised foot-candle(Fc)plan dated 12/27/07 done by OMNI-Lite, Inc.provided by the
project architects shows levels of 9.8 or less below the bank drive-up canopy which is to be
eliminated as part of.a revised project design, and lower foot-candle levels elsewhere on
the site.. (The boldface number and letters shown on the 12112167 OMNI LITE INC.plan are
based on the Luminaire Location Summary table. The actual foot-candle levels shown on this
plain are maintained levels, and are shown in small, I* htface type arranged in a grid
pattern.) The revised and lower foot-candle levels shown on the OMNI-LITE plan for the bank
drive up canopy are slightly more than what Technical Bulletin 95-oo1 allows (8.o Fc),
however,these lights are to be eliminated as part of the new design that eliminates
the bank drive up and canopy
shame,and therefore,the proposed project's exterior lighting does not have more
detrimental impacts than the exterior lighting of the immediate prior use.
HARDSHIP EXEMPTION DECISION FINDINGS
F-G5. In light of the projected trip generation for the proposed use,the Applicant
originally proposed a fair-share mitigation contribution for use.by the Town of Barnstable in
the amount of$84,000. Based on Commission staff calculations, a congestion
mitigation amount of$54,600 would reflect the proposed project as modified.
These funds will be held at Barnstable County/Cape Cod Commission.
_rt F�wT3_ The a licant's trans ortation,engineer calculated the expected trip generation of this
project"based on-information contained in the Institute of Transportation Engineers Trip
Generation manual 7th Edition. Commission staff revised this estimate to reflect the
proposed project as modified. As shown in Table 1,the net increase in vehicle trips from
the existing use is significant during the afternoon peak hour..
See Next Page for Table 1
Rose Motel/Lakeside Commons(CU/HDEX-07018)
Minor Modification#i
July 2,2012
Page 4 of 5
I
Table 1—Trip Generation Estimates(Increase From Current Use)
Time Period Vehicle Trips Vehicle Trips Proposal-As
Original Proposal' Modified2
Average Daily Traffic 170 53
Morning Peak Hour 14 13
Afternoon Peak Hour 57 37
,Based on ITE Trip generation manual,7th Edition.
2Based on TI'E Trip generation manual, Sth Edition.
F—T3. The transportation section of the RPP requires Developments.of Regional Impact(DRI)
to mitigate all traffic-related impacts associated with the proposed project. Appropriate
mitigation can be achieved through in-kind strategies(roadway widening,signalization,etc.),
non-structural means(transit,preservation of developable land) or a combination of these
measures. The applicant's transportation engineer has submitted"fair share"calculations
demonstrating compliance with the congestion requirements for the RPP. Based on the"fair-
share"congestion mitigation calculations,the applicant has agreed to contribute $84,0oo into a
congestion mitigation fund for the Town of Barnstable. Based on Commission staff
calculations, a congestion mitigation amount of$54,600 would reflect the
proposed project as modified.
k
HARDSHIP EXEMPTION DECISION.CONDITIONS
C-T6. Prior to receiving a Final Certificate of Compliance,the applicant shall contribute
$84,000$54,600 to a transportation mitigation fund to be held at Barnstable County/Cape.•
Cod Commission. ;These funds shall be applied to any transportation project within the Town of
Barnsta 1 .
Paul Niedzwieckl, cu 1vRDIec o ate
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss / , 2012 '
Before me,,the undersigned nota • public,personall y,appeared.eared. `1 dU1.Ni edaui�
g notary _
in his/her capacity as the Cape Cod Commission's Executive Director,whose name is signed on
the preceding document,and such person acknowledged to me that he/she signed such
document voluntarily for its stated purpose. The identity of such person was proved to me
through satisfactory evidence of identification;which was,[_] photographic identification with
signature issu'd by a federal or state governmental agency, [_] oath orfaffirmation of a credible—'"'
witness, or[VI personal knowledge of the undersigned.
n Nota Pu c
My Commission Expires:
KRISTY TAFT SENAT®RI
Notary Public
Rose Motel/Lakeside Commons(CU/HDEX-o Commonwealth of Massachusetts
Minor Modification`#1 My Commission Expires on
July 2,2012_ June 30,2017
Page 5 of 5
I
��of B CAPE COD COMMISSION
3225 MAIN STREET
v P.O. BOX 226
BARNSTABLE, MA 02630
9SSACHUS�� (568)362-3828
. FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
HEARING NOTICE
CAPE COD COMMISSION
The Cape Cod Commission will conduct a public hearing on Monday, January 7, 2008 at 11:00
a.m. at the First District Court House, Assembly of Delegates Chamber, Route 6A, Bstable,
MA. The following Development of Regional Impact(DRI) has been referred to the Cape Cod
Commission under Section 13(a) of the Cape Cod Commission Act, c. 716 of the Acts of 1989,
as amended, and under Section 3 of the DRI Enabling Regulations for consideration as a DRI
and under Section 4 of the Enabling Regulations for Change of Use/Limited DRI determination.
This development will be heard pursuant to Section 13(a) of the Cape Cod Commission Act and
Sections 3 and 4 of the DRI Enabling Regulations. This notice is being published as required by
Section 5 of the Cape Cod Commission Act.
Project Name: Rose Motel/Lakeside Commons
Project Applicant: Shallow Pond Nominee Trust& Sixty North Street Realty
'Project Location: 1555 Iyannough Road(Route 132),Hyannis, MA
Project•Description: Redevelopment of the existing Rose Motel to an 18,260 s.f. building that.
will include professional office space and a drive-thru bank.
Anyone wishing to testify orally will be welcome to do so. Written comments may also be
submitted at the hearing, or delivered or mailed to the Cape Cod Commission, 3225 Main Street,
P.O. Box 226, Barnstable, MA 02630 for receipt on or before the date of the hearing or until the
record is closed. The application, plans and relevant documents may be viewed by calling the
Commission office at(508).362-3828 to schedule an appointment between the hours of 8:30 a.m.
and 4:30 p.m. If you need a reasonable accommodation, please let us know by December 26,
2007. Please call for more information and to make your request.
o
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t .. X O
r
OV BA��s CAPE COD COMMISSION
O -- 3225 MAIN STREET
P.O. BOX 226
BARNSTABLE, MA 02630
(508)362-3828
SACHt3s� FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
TO: Town of Barnstable Town Clerk, Building Inspector, Town Planner,
Planning Board, Board of Appeals, Conservation Commission, Board of
Health, DRI Liaison, Police Chief
FROM: Gail P. Hanley, Clerk of the Commission
SUBJECT: Rose Motel/Lakeside Commons Redevelopment Project
Hyannis, MA
Change of Use Decision
DATE: February 25, 2008
Enclosed please find a copy of the Rose Motel/Lakeside Commons Redevelopment
Project-Change of Use Decision that was signed by the Cape Cod Commission on
February 21, 2008.
Should you have any questions, please do not hesitate to contact our office.
cry� 1U f
X1
"
r w M
e
of B CAPE COD COMMISSION
v 3225 MAIN STREET
P.O. BOX 226
BARNSTABLE, MA 02630
S 508 362-3828
ACHVS FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
Date: February 12, 2008
,To: Eliza Cox, Esq.
Nutter, McClennen& Fish,LLC
P.O. Box 1630 -
Hyannis, MA 02630
From: Cape Cod Commission
Re: Limited DRI Determination for Change of Use
DRI Enabling Regulations, Sections 3 and 4
Project Applicant: Shallow Pond Nominee Trust and Sixty.North Street Realty Trust
Property Owner: Shallow Pond Nominee Trust and Sixty North Street Realty Trust
Project: Rose Motel Redevelopment/Lakeside Commons
.1555-Iyannough:Road and=1'S75-Iyannough-Road=(Route 132),Hyannis, MA
Project#; CU407018
Book/Page#: 22146/76
Map/Parcel: 253/16
Lot/Plan: n/a ,
DECISION OF THE CAPE COD COMMISSION
SUMMARY
The Cape Cod Commission (Commission), through its Regulatory Committee, hereby
determines that the redevelopment of the property locatedately5S_S.1yannougI_Road=(Route�l32},a
cHyannis-MA;from the existing•Rose Motel town 18',260 square foot office building qualifies as
a Development of Regional Impact pursuant to Section 3(f)(i) of Chapter A, Enabling
Regulations Governing Review of Developments of Regional Impact, Barnstable County
Ordinance 90-12, as amended (DRI Enabling Regulations). Pursuant to Section 4(b) of, the DRI
Enabling Regulations, the project shall undergo limited Development of Regional Impact(DRI)
review in the issue area of transportation only. This decision is rendered pursuant to a vote of
the Regulatory.Committee on January 7, 2008.
Limited DRI Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 1 of 11
4
PROJECT DESCRIPTION
The project site is a 2.2 acre parcel that encompasses both 1555 Iyannough Road (Route 132)
and 1515 Iyannough Road (Route 132), Hyannis, MA. This.,site is_bounded on the south by
Shallow Pond;on'.the.north by Route 132, on the.east,by an office building at 1545 Iyannough
Road (Route 132),.and open space to the west owned by_the Town of Barnstable. While the
development is proposed on the parcel identified as 1555 Iyannough Road(Route 132), the
adjacent property (1575 Iyannough Road) is considered part of the developed site because a
portion of the parking for the project is located there.
The project site is located in a Growth Activity Center as designated in the Barnstable Local
Comprehensive Plan.. The parcel is split between two local zoning districts-highway business .
and residential zones.
The project proposes to demolish the existing Rose motel, an approximately 17,580 Square foot
(SF), 27-unit, 38-room motel. The site will be redeveloped with an 18,260 SF,two-story
professional office building and drive-thru bank with associated parking, landscaping and
stormwater and wastewater infrastructure. The Rose Lodge building (1575 Iyannough Road)
will remain on the site.
Currently the site has vehicle access through two driveways on Iyannough Road. The proposed
redevelopment will close one of those access points to create a single, right in, right out access to
Iyannough Road. The proposed redevelopment will also provide an interconnect to the adjacent
development located at 1545 Iyannough Road, and subsequent continual access through the
neighboring mixed-use developments on to Old Strawberry.Hill Road. Local zoning requires 58
parking spaces, however only 55 are being proposed.
PROCEDURAL HISTORY
The Commission received a Limited DRI Determination for Change of Use application from
Shallow Pond Nominee Trust and Sixty North Street Realty Trust on September 25, 2007. A
duly noticed public hearing pursuant to Section 5 of the Act to consider the application was held
by the Regulatory Committee of the Commission on January 7, 2008 at the Assembly of
Delegates chamber in Barnstable, MA. The public hearing and record were closed on 1/8/08,
after which the Regulatory Committee voted unanimously that the project undergo DRI review
in the Regional Policy-Plan(RPP) issue area of Transportation, and that, based upon the facts
presented and the current proposal presented by the applicant, all other issue areas-are not
included in the scope of this review.
In addition to the list of materials submitted for the record (see Table 1 below) the application
and notices of public hearings relative thereto, Commission staff s notes and correspondence, the
minutes of public meetings and hearings; and all other written submissions received in the course
of the proceedings are hereby incorporated into the record by reference.
Limited DRI Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 2 of 11
f, r
TALL1 ., ¢atia'la �nittec��iE�ohe R `cbr, ," x �.
Materials From the Applicant Date Submitted
Site Drainage Calculations 4.. -1/7/08
L - L
Nitrogen Loading Calculations } ; ,.�l/7/08 r
Revised Landscape Plan '• < < 1/7/08
Revised Lighting Photometric Plan from Brown Lindquist Fenuccio & 12/13/07
Raber Architects
Roof Plan via Memo from L. Cox 11/27/07
Lighting & Bollard Product Info from Brown Lindquist Fenuccio & 11/20/07
Raber Architects
Signed Mass Historical Commission Project Notification Form via 11/16/07
letter from L. Cox
Supplemental application materials via letter from L. Cox 11/13/07
Limited DRI Application for a Change of Use and corresponding 9/25/07
application materials
Cover Memo from L. Cox 9/25/07
Notice of Mass Historical Commission Project Notification Form 9/25/07
filing via letter from L. Cox
Materials from Commission Staff Date Submitted
Memo to L. Cox from R. Christenbe 10/3/07
E-mail to L.'Cox from R. Christenberry 12/12/07
Staff Report .� ., .r,: . �< .,. ._ 1/2/08 '.
Letter to L. Cox from R. Christenberry 11/29/07
TESTIMONY
Regulatory Committee Hearing-January 7, 2008
Attorney Liza Cox,Nutter, McClennen & Fish, presented the project, noting that the applicant
was in agreement with the staff s recommendation that the project be reviewed for transportation
impacts. The Town also supported this recommendation. Changes made to the project's
drainage and stormwater management infrastructure based on comments received from
Commission staff were also described.
Several questions were raised by Commissioners with respect to; handicap accessibility;public
access to Shallow Pond, parking,water resources, exterior lighting, and options for maintaining
affordability of the Rose Lodge located on the adjoining parcel and considered part of the project
site due to parking-for.the project overlapping with that parcel.
A discussion ensued of how the Commission could or would retain control into the future over
the site on which the affordable housing was located. It was agreed the issue would be discussed
with Commission staff counsel. It was also noted that this is a commercial project, therefore no
Limited DRI Determination for a Change of Use
Rose MoteULakeside Commons Redevelopment-#CU07018
February 12,2008
Page 3 of 11
residential or affordable components apply.,The Town also raised the legality of the existing
housing.
Staff presented their recommendation that the Committee find-the project was a.Development of
Regional Impact with the scope limited to the area of transportation impacts. It was agreed that a
decision be written with f ndings that address the subcommittee's concerns with exterior
lighting, stormwater management,public access to Shallow Pond, and future redevelopment of
the Rose Lodge.' These findings would be enforceable through both the Commissions'
Certificate of Compliance process for projects and Town Site Plan Review.
Mr. Richardson moved to that the project be subject to further Commission review in the area of
only transportation resources, and that the staff be directed to draft a decision to this effect..Mr.
Zavala seconded the motion. The Committee voted unanimously for the motion.
Mr. Platt moved to close the hearing. Ms. Taylor seconded the motion. The Committee voted
unanimously for the motion.
JURISDICTION
The proposed project qualifies as a DRI under.Section 3(f)(i) of the DRI Enabling Regulations as
a change of use with a gross floor area greater than 10,000 square feet. Pursuant to Section 4(a)
of the DRI Enabling Regulations,the Chief Regulatory Officer determined that the project
constitutes a Change of Use. Further, as provided in Section 4(a)(iii),the applicant then applied
for a Limited'DRI�Deterin in"atioii iri"accordance with*Section 4(b),-which.-requires the.Regulatory
Committee to determine.the scope of the DRI review required.
FINDINGS .
The Commission,through the Regulatory Committee, has considered the application of Shallow
Pond Nominee Trust and Sixty North Street Realty Trust for the proposed change of use project
at 1555 Iyannough Road (Route 132), Hyannis, MA, and based on consideration of such
application and upon the information presented at the public hearings and submitted for the
record, makes the following findings pursuant to Sections 3 and 4 of the DRI Enabling .
Regulations:
Limited DRI Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 4 of 11
General Findings:
F-G1. . The project that is the subject of this Decision is as follows:
The project site is.a 2.2-acre parcel located at.1555'Iyannough Road(Route 132), .
Hyannis, MA, and is bounded on the south side by Shallow Pond, on the north by
Route 132, on the east by an.office building at 1545 Iyannough Road and on the west
by open space owned by the Town of Barnstable. While the development is proposed
on the parcel identified as 1555 Iyannough Road(Route 132),the adjacent property
(1575 Iyannough Road) is considered part of the developed site because a portion of
the parking for the project is located there.
The project site is located in a Growth.Activity Center as designated in the Barnstable
Local Comprehensive Plan. The parcel is split between two local zoning districts—
highway business and residential zones.
The project proposes to demolish the existing Rose motel, an approximately 17,580
Square foot(SF), 27-unit, 38-room motel. The site will be redeveloped.with a 18,260
SF, two-story professional office building and drive-thru bank with associated
parking, landscaping and stormwater and wastewater infrastructure. The Rose Lodge
building (1575 Iyannough Road)will remain on the site.
Currently the.site has vehicle access through one driveway on Iyannough Road. An
. interconnect.withythe abutting-.parcel(s) (1545 Iyannough Road) is proposed. The
existing access easement that provides a connection between commercial.properties
fronting on Route 132 and Old Strawberry Hill Road will be maintained. Local
zoning requires 60 parking spaces and 55 will be provided:
F-G2. In accordance with Section 4(b)(vi) of the DRI Enabling Regulations, the Regulatory {
Committee reviewed the proposed change of use to determine the scope of the project"
review, which may be limited to those RPP issue areas where.the impacts are more
detrimental (quantitatively and/or qualitatively)than the immediate prior use. The
Regulatory Committee considered whether the project impacts involve deviation
from the minimum performance standards(MPS)of the RPP in determining the scope
of.DRI review. The Committee, in making its determination, considered the resources
protected by the Act.and the RPP. The Regulatory Committee finds that the project
will result in impacts that are more detrimental than the immediate prior use in the
RPP issue area of transportation.
F-63. The proposed projectlis to be constructed according to the following plans:
■ Site Permitting Plans, Lakeside Commons Redevelopment Project Proposed
Office Building and Drive-Thru Bank,prepared by:BSC Group as revised
12/18/07 and dated as received by the Commission on 9/25/07, sheets C-1 —C-
� 11.
;Limited DRI Determination fora Change of Use
Rose MoteMakeside Commons Redevelopment-#CU07018
February.12,2008
Page S of 11,
■ Site Drainage Plans, Lakeside Commons Redevelopment Project Proposed
Office Building and Drive-Thru Bank, prepared by BSC Group as revised
12/18/07 and dated as received by the Commission 9/25/07.
Floor plans, roofplan and.exterior elevation`s for the Proposed Lakeside
-,Commons Office Building and Bank, prepared by Brown Lindquist Fenuccio
& Raber Architects, Inc., dated 11/01/07 and dated as received by the
Commission on 11/13/07, sheets Al.1, A.1.2, A1.3, A2.1 and A2.2.
Should unexpected conditions arise during demolition and construction that require
redesign of the building,the applicant shall obtain approval from Cape Cod
Commission staff prior to the start of construction consistent with Section 12 of the
Commission's Enabling Regulations and Modifications to approved projects.
Modifications made during construction that are in accordance with the approved
elevation drawings shall be considered as Minor Modifications #1 and approved by
Commission staff.
F-G4. In accordance with findings F-LS2, F-EL3, and F-AH3 the Town of Barnstable will
conduct local review through both Site Plan Review Conditions and the Zoning Board
of Appeals' special permit process, which will ensure that all applicable components
of this proposed project are executed according to the application reviewed for this
Decision.
Water Resources Findings:
F-WRL The project does not significantly deviate from the MPS's of the water resource
section of the RPP and the impacts are not more detrimental than the immediate prior
use.
F-WR2. The project is located in the following significant water resource areas: Wellhead
.Protection Area(WHPA),Marine Water Recharge Area(MWRA; Lewis Bay), and
Water Quality Improvement Area(WQIA). The project site also has shoreline on
Shallow Pond with 17,203 s.f. of land bordering vegetated wetland protected by a
100-foot buffer.
F-WR3. The project results in a net 7,180 s.f. increase in impervious coverage, including a
10,095 s.f. increase in impervious pavement. Increased impervious surface results in
an increased nitrogen load of 0.48 kg-N per year. Approximately 57% of impervious
pavement is treated using vegetation(i.e. biofiltrated), consistent with MPS 2.1.3.4..
F-WR4. A new standard Title-5 septic system will be used to manage project wastewater.
Title-5 wastewater flows will decrease from 4,180 gallons per day (gpd) to 1,370 gpd.
Motel Title-5 wastewater flows of 4,180 gallons per day (gpd) compare with 2,750
gpd of actual water use measured during the 3-year period ending in September 2007.
The average wastewater nitrogen load will decrease by 101.2,kg-N per year.
Limited DRI Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 6 of I 1
F-WR5. The project's nitrogen loading concentration in groundwater across the entire 4.63-
acre site is 6.25 milligrams-N per liter(mg-N/L); reduced from 12.3 mg-NILunder
existing site conditions: The'reduction is consistent with MPS-2.1.1.2.E.1,which
,requires.that there be no net addition of nitiogen'loading'where existing development
exceeds identifred'nitrogen loading standard:' the 5 mg-N/L limit applicable to
WHPAs.
Natural Resources & Open Space Findings:
F- NRL The applicant proposes to redevelop previously disturbed portions of the property;
consequently, the project will not result in alteration of naturally vegetated areas. In
addition, all proposed work is located outside of estimated habitat of rare species as
mapped by the Natural Heritage and Endangered Species Program. As such,the
project is not expected to result in impacts to habitat or open space greater than those
resulting from existing conditions.
F- OS1. The rear portion of the property,abutting Shallow Pond, will be permanently
protected as open space through a conservation restriction as a result of the Supply
NE DRI HDEX#05009. At the request of the Town of Barnstable,the applicant has
agreed to permit public access across a portion of the subject property for the
purposes of providing recreational access to Shallow Pond. The details of such public
access shall be negotiated with the Town of Barnstable in the conservation restriction.
Community Character,Landscaping& Exterior Lighting Findings:
F-CC1. The proposed project is consistent with performance standards in the Heritage
Preservation section of the RPP. The project includes demolition of three existing
hotel structures that are not historically significant.'The Massachusetts Historical
Commission.(MHC) confirmed on October 10, 2007 that the.project is unlikely to
affect significant historic or archaeological resources.
F-CC2. Goal 6.2 of the RPP encourages redevelopment and seeks to ensure that future
development respects the traditions.and character of Cape Cod consistent with the
Commission's design manual, Technical Bulletin#96-001. The proposed building is
consistent with RPP community character goals and standards. The proposed
building has a footprint of approximately 9,000 square feet, which is well below the
50,000 square foot footprint allowed for redevelopment projects under MPS 6:2.5.
MPS 6.2.2 requires "in all cases, where new buildings and additions are proposed,
that the mass and scale of the building, roof shape, roof pitch, and proportions and
- � `.'relationships'between'doors and windows shall be harmonious among themselves and
consistent with traditional Cape Cod architectural styles. The proposed design
includes variation in the massing, fagade, and roof form to reduce the apparent mass
d the proposed materials are consistent with regional traditions.
of the building; an
Limited DRI Determination for Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 7 of 11
F-LS1. MPS 6.2.7 requires parking to be located to the side or rear of a building in order to
promote traditional village design in commercial areas, unless such location would
have an adverse or detrimental impact on environmental or visual features on the site,
or is infeasible. The proposed project includes 52 parking spaces that are located to
the side and rear of the building, consistent with MPS 6.2.7:' The proposed site design
is not more detrimental than the immediate prior use. '
F-LS2. MPS 6.2.8 requires in part that redevelopment of existing strip development provide
adequate buffers between parking areas and the street, and significant improvement to
interior parking-lot landscaping to improve the visual character of the site. The
proposed project will improve the existing site design with the provision of additional
landscaping including a 2-3' high earthen berm along the majority of the front
buffer area to Route 132. The applicant has incorporated Low Impact Design
stormwater features into the landscape design. Plant materials are generally adaptable
to the site and are not invasive species.
F-EU.. No existing conditions lighting photometric plans were provided. However, based on
color photographs and a site visit, it appears the existing exterior lighting consists of
scattered pole and on building mounted fixtures, few of which are consistent with the
.Commission's exterior lighting standards.
F-EL2. Exterior lighting for the propdsed project consists of 28 total fixtures comprised of
five pole-mounted metal halide fixtures, five metal halide bollards, nine recessed
metal halide fixtures at the drive up,three recessed fluorescent fixtures, and six half-
. -----�-- -- ----
round wall lights. All of these light types are consistent with NIPS 6.2.10 and
Technical Bulletin 95-001. In addition, all of these lights meet the shielding and cut-
off requirements specified by Technical Bulletin 95-001. It also appears that the
lights will meet the mounting height limits for pole and on-building fixtures stipulated
by the Technical Bulletin.
F-EL3. A revised foot-candle(Fc)plan dated 12/12/07 done by OMNI-LITE, Inc. provided
by the project architects shows levels of 9.8 or less below the bank drive-up canopy,
and lower foot-candle levels elsewhere on the site. (The boldface numbers and letters
shown on the 12112107 OMNI-LITE INC. plan are based on the Luminaire Location
Summary table. The actual foot-candle levels shown on this plan are maintained
levels, and are shown in small, lightface type arranged in a grid pattern.) The
revised and lower foot-candle levels shown on the OMNI-LITE INC. plan are slightly
more than what Technical Bulletin 95-001 allows(8.0 Fc), however, the
Commission's Regulatory Committee finds that based on normal fixture wear, the
light levels will be under 8.0 foot-candles in a relatively short time, and therefore, the
proposed project's exterior lighting does not have more detrimental impacts than the
exterior lighting of the immediate prior use.
Limited DRI Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 8 of 11
Transportation Findings:
F-T1 The project site consists of two adjacent parcels approximately 12-acres in size and
- bounded by Shallow Pond, Route 132,;and'the`Lakeside Center office plaza.-Uses in
the vicinity include, commercial, residential;and office. Only one'of the parcels is the
primary site for development; however a portion of the proposed parking for,that
development is located on the adjoining property (1575 Iyannough Road), therefore
both parcels are considered as the project site. The adjacent parcel contains a
residential structure consisting of six(6) below market rate units rented on a weekly
basis. This building will remain with its existing use under the current redevelopment
proposal. The project site is located in a Commercial,Growth Center as designated in
the Barnstable Local Comprehensive Plan. ,
F-T2. The Rose Motel (1555 Iyannough Road) and the adjacent lodging house property
(1575 Iyannough Road) each have a full access driveway on Iyannough Road(Route
132) in Hyannis, therefore this site has two full-access curb cuts. Iyanough Road
(Route 132) is a regional road as defined in the Regional Policy Plan(RPP). The-
applicant has proposed to close one existing driveway and restrict the other driveway
to right turn in/right turn out. The right turn in/right turn out restrict will be further
enforced by the MassHighway Route 132 project which is currently under
construction and will install a raised median along this section of Route 132.
F-T3. The,applicants transportation engineer calculated the expecied trip generation of this
project based on information contained in the Institute of Transportation Engineers
Trip Generation manual 7`h Edition.' As shown in Table 1,the net increase in vehicle
trips from the existing use is significant during the afternoon peak hour.
Table 1—Trip Generation Estimates/Net Increases Over Current Use
Time Period Vehicle Trips
Average Daily Traffic 105
Morning Peak Hour 13
Afternoon Peak Hour 53
Based on ITE Trip generation manual;7 Edition.
F-T4. Cape Cod Commission transportation staff calculated,trip generation estimates
substantially different that the estimates submitted by the applicant. Commission
staff notes that a partial discrepancy is due to the applicant's use of a 43 %pass-by
rate. The Cape Cod Commission has never approved more than a 25%pass-by rate
(the 25%pass-by rate is consistent with Massachusetts Environmental Policy Act
standards):•_Even.Without this.difference, the applicant's trip generation estimates still
show a significant traffic impact on the regional roadway network.
F-T5. _ Based on the increase in trip generation, Cape Cod Commission Regulatory
Committee has determined that this proposed change of use will result in impacts on
Limited DRI Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018 ,
February 12,2008
Page 9 of 11
t
the regional roadway and determine that the impacts of the development are more
detrimental than the immediate prior use. For this reason, the Regulatory Committee
finds.that-this project undergo DRI review in the area of.transportation.
Hazardous Materials[Waste Findings:
F-HM1. The project site is located in an existing Wellhead Protection Area/Zone II.
An 11/13/07 Memo from Nutter, McClennen.& Fish states.the,site is currently served .
by,a natural gas line;;and the proposed new development will'also be'seryed by it.
The Memo also states"there are nd hazardous materials`on site... " with the possible
exception of asbestos in the existing motel building. Hazardous materials or
hazardous wastes attributable to the proposed development are likely to include
fluorescent bulbs, computer equipment, and other electronics. This is in part because
the on-site septic system will.not need methanol or a replacement chemical to
function. The November 13, 2007 Memo from Nutter also states the applicant "will
prohibit hazardous materials in excess of household quantities...similar to the
condition imposed by the Commission in the...Rainbow Motel Change of Use
decision. "
Affordable Housing Findings:
F-AH1. According to the data from the Commission's 2005 Nexus Study, it is likely that
overall the jobs in the redevelopment will be on average higher paying in the office
occupations than existed in its current use as a motel; therefore, the Commission did
not see the need to have the applicant complete the jobs/average wage affordable
housing analysis.Therefore, the Commission finds that the aspect of the project that
involves a change from one commercial use- motel- to another- office- has no
detrimental affordable housing impacts that are more detrimental than the immediate
prior use..
F-AH2. The Rose Lodge building on the site has six one bedroom apartments with a shared
kitchen, and the applicant has proposed no change to that building. MPS 5.1.13 states
that "For DRIs, residential and/or'commercial construction, redevelopment, or
subdivision development projects resulting in the reduction of non-condemned
residential units shall be prohibited, unless otherwise permitted by the Commission."
F-AH3. Any propo �cha _th e'rridentalruseatthe RoseLodge bu tiding i11
re,�re �ommiss�onrre�iew�aswazmodficaton,of the DRI:
Limited DR] Determination for a Change of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 10 of 11
CONCLUSION j
Based on the findings above;the Commission hereby'determines thafthe proposed change of use
at 1555 Iyannough Road (Route 132), Hyannis, MA is subject to mandatory review as a I
Development of Regional Impact (DRI) in the Regional Policy Plan issue area of Transportation
in accordance with Sections 3 & 4 of the DRI Enabling Regulations because the`impacts of the
proposed project are more detrimental than those of the immediate prior use.
P so�to the�issuance�-of a Certifieate=of Occupancy tom the Towmof Bar-astable,the Applic t
r.�, ,_,�.._ ,.�.,�•,,, r..-.,,,--�- :ram-"-"'�`�.
must received Certificate of Compliance fromthe Caa e Cod�Commssion�T� s prou�sion is
necessary to ensure that the projecf for wh'i`ch the Appl'ica t received aLimited DRI
Determination Decision was constructed according to the proposed plans referenced herein in
Finding F-G3 and is consistent with all Findings of this Decision.,The Applicant shall provide a
minimum of fifteen (15) business days notice of the intent to seek a Certificate of Compliance
from the Commission.
This decision is rendered pursuant to a vote of the Cape Cod Commission Regulatory Committee
on February 19,2008.
Mr. Frank Hogan IJate
Chairman of the Regulatory Committee
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss ,2008
Before me,the undersigned notary public,personally appeared Mr.Frank Hogan,in his capacity as
Chairman of the Regulatory Committee,whose name is signed on the preceding document,and such person
acknowledged to me that he signed'such document voluntarily for its stated purpose. The identity of such person
was proved to me through satisfactory evidence of identification,which was[J photographic identification with
signature issued by a federal or state governmental agency;[J oath or affirmation of a credible witness,or[�
personal knowledge of the undersigned.
My Commission Expires:
101 `-3 l
r
Limited DRI Determination for a Chan e of Use
Rose Motel/Lakeside Commons Redevelopment-#CU07018
February 12,2008
Page 11 of 11
L
i
OTB s CAPE COD COMMISSION
O 3225 MAIN STREET
* * P.O. BOX 226
BARNSTABLE, MA 02630
�SSACHus (508)362-3828
FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
January 25, 2008
Patrick Butler
Eliza Cox
Nutter, McClennen and Fish LLP
1513 Iyannough Road
P.O. Box 163o
Hyannis, MA 02601-1630
Re: Rose Motel/Lakeside Commons Redevelopment Project (C
Hardship Exemption Application on behalf of Shallow Pond Nominee
Trust &Sixty North Street Realty Trust
1555 Iyannough Road (Route 132), Hyanni ,
De"_r—Butler and Ms. Cox:=
Thank you for your application'for`1Hardship Exemption for the Rose Motel/Lakeside
Commons Redevelopment Project on behalf of Shallow Pond Nominee Trust and Sixty
North Street Realty Trust. The application has been reviewed by Commission staff and
determined to be complete, as of January 25, 2008.
Commission staff is currently reviewing the application materials. We will contact you
to coordinate a mutually agreeable date for the public hearing once a sub committee has
been selected.
Please contact me at (508)_362-3828 if you have any questions. Tf-
-
erely3:2-
,
Ryan Christenberry
Planner cc
Cc: Linda E: Hutchenrider Barnstable Town Clerk r
r" Patty Daley, Director of Comprehensive Planning/DRl Liaison;Town of .c . '
Barnstable
Th-omas-Perry, Director, Building/Zoning
La
of Bps CAPE COD COMMISSION
v ,_ :� 3225 MAIN STREET ,
P.O. BOX 226
* BARNSTABLE, MA 02630
�sSACHVsti�� (508)362-3828
FAX(508)362-3136.
E-mail`.frontdesk@capecodcommission.org
TO: Town of Barnstable Town Clerk, Building Inspector, Town Planner,
Planning Board, Board of Appeals, Conservation Commission, Board of
Health, DRI Liaison, Police Chief n
FROM: Gail P. Hanley, Clerk of the Commission
SUBJECT: Rose Motel/Lakeside Commons Redevelopment Project
Development of Regional Impact Hardship Exemption Decision
DATE: March 24, 2008
Enclosed please find a copy of the Development of Regional Impact Hardship
Exemption Decision for the Rose Motel/Lakeside Commons Redevelopment Project
that was approved by the Cape Cod Commission on March 20, 2008.
Should you have any questions, please do not hesitate to contact our office..
t
(J)
L�1
OF
s CAPE COD COMMISSION f
v3225 MAIN STREET
* * P.O. BOX 226
BARNSTABLE, MA 02630
'Yss tiS (508)362-3828
ACHUS FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
Date: March 20, 2008
To: Eliza Cox, Esq.
Nutter, McClennen&Fish, LLP
P.O. Box 1630
Hyannis, MA 02630
From: Cape.Cod Commission
Re: DRI Hardship Exemption
Section 23 of the Cape Cod Commission Act
Project Applicant: Shallow Pond Nominee Trust and Sixty North Street Realty Trust
Property Owner: Shallow Pond Nominee Trust and Sixty North Street Realty Trust
Project:. Rose Motel Redevelopment/Lakeside Commons
0555-Iyannough Road and 1575 Iyannough Road(Route`132),Hyann s,'MA7
i
Project#: HDEX#07018
Book/Page#: 22146/76 ,
Map/Parcel: 253/16
Lot/Plan: n/a
DECISION OF THE CAPE COD COMMISSION
SUMMARY
•
I
The Cape Cod Commission (Commission) hereby approves with conditions the application of
Shallow Pond Nominee Trust and Sixty North Street Realty Trust for a Development of Regional
Impact (DRI) Hardship Exemption pursuant to Section 23 of the Cape Cod Commission Act, and
Section 8 of Enabling Regulations governing review of Developments of Regional Impact ("DRI
Enabling Regulations"), Barnstable County Ordinance 90-12, for the redevelopment of the Rose
Motel as Lakeside Commons, located at 1555 Iyannough Road(Route 132) and 1575 Iyannough
Road (Route 132).
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
March 20,2008
Page 1 of 12
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PROJECT DESCRIPTION
The project site is a 2.2 acre parcel that encompasses both 1555 Iyannough Road (Route 132)
and 1575 Iyannough Road (Route 132), Hyannis, MA. This site is bounded on the south by
Shallow Pond, on,the north by Route 132, on the east by an office building at 1545 Iyannough
Road (Route 132),_and open space to the west owned by the Town of Barnstable. While the
development-is proposed on the parcel identified as 1555 Iyannough Road (Route 132), the
adjacent property (1575 Iyannough Road) is considered part of the developed site because a
portion of the parking for the project is located there.
The project site is located in a Growth Activity Center as designated in the Barnstable Local
Comprehensive Plan. The parcel is split between two local zoning districts- highway business
and residential zones.
The project proposes to demolish the existing Rose motel, an approximately 17,580 SF, 27-unit,
38-room motel. The site will be redeveloped with an 18,260 SF, two-story professional office
building and drive-thru bank with associated parking, landscaping and stormwater and
wastewater infrastructure. The Rose Lodge building (1575 Iyannough Road) will remain on the
site.
Currently the site has vehicle access through two driveways on Iyannough Road. The proposed
redevelopment will close one of those access points to create a single, right in, right out access to
Iyannough Road. The proposed redevelopment will also provide an interconnect to the adjacent
development located at 1545 Iyannough Road, and subsequent continual access through the
neighboring mixed-use developments on to Old Strawberry Hill Road. Local zoning requires 58
parking spaces, however only 55 are being proposed.
In addition to site access improvements, Commission staff worked with the Applicant throughout
the Hardship Exemption application process to ensure that the project would incorporate!a
standard employee trip reduction program,as well as congestion mitigation funds in the amount
of$84,000.00 for the Town of Barnstable's general use for transportation improvements.
PROCEDURAL HISTORY
The Commission received a Limited DRI Determination for Change of Use application from
Shallow Pond Nominee Trust and Sixty North Street Realty Trust on September 25, 2007. The
application was deemed complete November 29, 2007. A duly noticed public hearing pursuant
to Section 5 of the Act to consider the application was held by the Regulatory Committee of the
Commission on January 7, 2008 at the Assembly of Delegates chamber in Barnstable, MA. The
public hearing and record were closed on January 8, 2008, after which the Regulatory Committee
voted unanimously that the project undergo DRI review in the Regional Policy Plan (RPP) issue
area of Transportation.
The application for hardship exemption was received by the Commission January 14, 2008, and
deemed complete January 25, 2008. A public hearing was then held on February 25, 2008, by a
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment #HDEX07018
March 20,2008
Page 2 of I 1
subcommittee, whereupon the subcommittee unanimously recommended to the full Commission
that the hardship exemption be approved with conditions. A'final public hearing was held on
S
March 20, 2008 where the Commission approved the hardship exemption subject to conditions.
i
MATERIALS SUBMITTED FOR THE RECORD
i
Flaas 'vm hQ �� 4,": _r r
- . _ _. � . .� r. _ �
Trip Generdtion/mitigation calculation Memo from Tetra Tech Rizzo 1/29/08
via L. Cox
Application for DRI Hardship Exemption from L. Cox 1/14/08
Site Drainage Calculations 1/7/08
Nitrogen Loading Calculations 1/7/08
Revised Landscape Plan 1/7/08
Revised Lighting Photometric Plan from Brown Lindquist Fenuccio & 12/13/07
Raber Architects
Roof Plan via Memo from L. Cox 11/27/07
Lighting & Bollard Product Info from Brown Lindquist Fenuccio & 11/20/07
Raber Architects
Signed Mass Historical Commission Project Notification Form via 11/16/07 .
letter from L. Cox
Supplemental application materials via letter from L. Cox 11/13/07
Limited DRI Application for a Change of Use and corresponding 9/25/07
application materials
Cover Memo from L. Cox 9/25/07
Notice of Mass Historical Commission Project Notification Form 9/25/07
filing via letter frotn L. Cox
Materials from Commission Staff Date Submitted
Memo to L. Cox from R. Christenberry 10/3/07
E-mail to L. Cox from R. Christenberry 12/12/07
Staff Report (Change of Use 1/2/08
Letter to L. Cox from R. Christenberry 11/29/07
Staff Report(Hardship Exemption) 2/19/08
TESTIMONY
Subcommittee Hearing February 25, 2008 (DRAFT Minutes, need approval)
The hearing came to order at 6:30 p.m. Ms. Brookshire read the hearing notice. Attorney Pat
Butler made a presentation for the Applicant regarding the transportation related aspects of the
project and the reason the Applicant is seeking the Hardship Exemption; the cost of performing a
traffic study and the current MassHighway Route 132 corridor improvement project.. Ms. Kadar
asked how far the raised median along Route 132 would stretch. Mr. Butler said he believed that
it would run from the East side of Route 6 to the Phinney's Lane intersection. Glenn Cannon
confirmed this.
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
March 20,2008
Page 1 of I 1
Ms. Ryan Christenberry gave the staff presentation, wherein she provided an overview of the
existing conditions, proposed development, and the transportation analysis and offsets proposed !
by the Applicant.
Following an analysis of the presentations provided, Ms. Kadar made a motion to recommend to
the full Commission approval of the Hardship Exemption as presented by staff. Mr. Harris
seconded the motion, which was approved unanimously. Ms. Kadar made a motion for the Chair
to review and approve the draft decision. Mr. Harris seconded the motion, which was approved
unanimously. Mr. Richardson made a motion to continue the public hearing to the full
Commission meeting on March 20, 2008 and to leave the record open. Ms. Kadar seconded the
motion, which was approved unanimously.
The hearing adjourned at 6:50 p.m.
In addition to the list of materials submitted for the record the application and notices of public
hearings relative thereto, Commission staffs notes and correspondence, the minutes of public
meetings and hearings, and all other written submissions received in the course of the
proceedings are hereby incorporated into the record by reference.
JURISDICTION
The proposed project qualifies as a DRI under.Section 3(f)(i) of the DRI Enabling Regulations as
a change of use with a gross floor area greater than 10,000 square feet. Pursuant to Section 4(a)
of the DRI Enabling Regulations, the Chief Regulatory Officer determined that the project
constitutes a Change of Use.- Further,�as provided,in Section 4(a)(iii), the Applicant then.applied
for a Limited DRI Determination in accordance with Section 4(b), which requires the Regulatory i
Committee to determine the scope of the DRI review required.
FINDINGS
The Commission has considered the application for a Hardship Exemption from Shallow Pond
Nominee Trust and Sixty North Street Realty Trust for the project at 1555 Iyannough Road
(Route 132) and 1575 Iyannough Road (Route 132), Hyannis, MA. Based on consideration of j
such application and upon the information presented at the public.hearing(s) and submitted for
the record, makes the following findings pursuant to Section 23 of the Cape Cod Commission
Act and Section 8 of the DRI Enabling Regulations:
General Findings:
F-G1. The two parcels, located at 1555 Iyannough Road and 1575 Iyannough Road are
owned jointly by Shallow Pond Nominee Trust and Sixty North Street Realty Trust.
F-G2. The project site is located in a Growth Activity Center as designated in the Barnstable
Local Comprehensive Plan. The parcel is split between two local zoning districts -
highway business and residential zones.
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
March 20,2008 I
Page 4 of 11
i
E
f
F-G3. The Applicant proposes to convert the existing.Rose Motel to professional office I
space and drive-through bank. The existing Rose Motel consists of three buildings
for a total of 17,580 square feet(SF). The Applicant proposes to replace the existing
buildings with one 18,260 SF building. The proposed new building would consist of
a 15,760 SF professional office space and.a 2,500 SF drive-through bank.
F-G4. MPS 4.1.3.4. requires"Level of Service analysis...on all regional road.links, at all
intersections of regional roads, and at local road intersections with regional roads f
that are used by the project for access to the regional road network". Furthermore,
MPS 4.1.3.4 states that, "In lieu of mitigation of traffic impacts concurrent with
project development, The Commission, at its discretion, may allow a fair-share
payment of funds to Barnstable County to meet the requirements of this MPS". The
Applicant has shown that fully complying with the requirements of the RPP would
create a financial hardship,particularly the expense and time to prepare the required
traffic studies. The MassHighway Route 132 corridor improvement project is
currently underway. For this reason, the Applicant is seeking relief from the traffic
study requirement of MPS 4.1.3.4. Therefore; the Commission finds that:
(i) The Applicant has met its burden showing a hardship exists,
(ii) Literal enforcement of the Minimum Performance Standards
would be a hardship for the Applicant,
(iii) Partially relieving the requirements of MPS 4.1.3.4 to not
require a level of service analysis is the minimum relief
required to alleviate the hardship.
(iv) The relief does not nullify or substantially derogate from the
k intent and purposes:of the Act norrwill it result=.irr a substantial
detriment to the public good.
In coming to this conclusion, the Commission has considered the extent of the
projects compliance with the Act, the Regional Policy Plan, municipal development
bylaws, and the Local Comprehensive Plan.
F-G5. In light of the projected trip generation for the proposed use, the Applicant is
proposing a fair-share mitigation contribution for use by the Town of Barnstable in
the amount of$84,000.00. These funds will be held at Barnstable County/Cape Cod
Commission.
F-G6. The project does not lie within a District of Critical Planning Concern(DCPC), and is
consistent with the Barnstable Local Comprehensive Plan and municipal development
bylaws.
Transportation Findings:
F-T1. MPS 4.1.3.4. requires "Level of Service analysis...on all regional road links, at all
intersections.of regional roads, and at local road intersections with regional roads
that are used by the project for access to the regional road network". Furthermore,
MPS 4.1.3.4 states that, "In lieu of mitigation of traffic impacts concurrent with
DRI Hardship Exemption ,
Rose.Motel/Lakes ide Commons Redevelopment-#HDEX07018
March 20,2008
Page 5 of 11
I
a
project development, The Commission, at its discretion, may allow a fair-share
payment of funds to Barnstable County to meet the requirements of this MPS". The
Applicant has shown that fully complying with the requirements of the RPP would '
create a financial hardship,particularly the expense and time to prepare the required
traffic studies. The Commission finds that because the MassHighway Route 132 f
corridor improvement project is currently underway, it would be duplicative to
require this Applicant to perform the level of service analysis. For these reasons, the
i
Applicant is seeking relief from the traffic study requirement of MPS 4.1.3.4.
Therefore, the Commission finds that: j
(v) The Applicant has met its burden showing a hardship exists,
(vi) Literal enforcement of the Minimum Performance Standards
would be a hardship for the Applicant,
(vii) Partially relieving the requirements of MPS 4.1.3.4 to not
require a level of service analysis is the minimum relief
required to alleviate the hardship.
r
(viii) The relief does not nullify or substantially derogate from the
intent and purposes of the Act nor will it result in a substantial
detriment to the public good.
F-T2. The Rose Motel currently has two full access driveways on Iyanough Road (Route
132) in Hyannis. Iyanough Road (Route 132) is a regional road as defined in the
Regional Policy Plan(RPP). i
F-T3. The Applicant's transportation engineer calculated the expected trip generation of this '
project based on information contained in the Institute of Transportation Engineers
Trip Generation manual 7t' Edition. As showwin Table 1,the net increase in vehicle a
trips from the existing use is significant during the afternoon peak hour. '
Table 1 —Trip Generation Estimates Increase From Current Use
Time Period Yehicle Trips
Average Daily Traffic 170
Morning Peak Hour
14
Afternoon Peak Hour 57
Based on ITE Trip generation manual, 7` Edition.
F-T4. The RPP standard of review for transportation safety impacts is 25 or more new peak
hour trips through a high crash location. Based on the estimated trip generation and
trip distribution,the Route 132/Phinney's Lane intersection (a known high crash
location) would be impacted by more than 25 new peak hour trips. The Route
132/Phinney's Lane intersection is currently being reconstructed by MassHighway as
part of the Route 132 corridor improvement. Therefore, the Applicant is not required
.to investigate any known high crash locations.
F-T5. The Applicant has proposed a right-turn-in/right-turn-out only driveway onto Route
132 and interconnections between both adjacent parcels. MassHighway is currently
installing a raised median within Route 132 to enforce the proposed right-tum-
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
March 20,2008 �.
Page 6 of 11
i
I
y
in/right-turn-out Route 132 driveway restriction. The Applicant has proposed a right-
turn-in/right-turn out traffic island at the driveway to assist drivers' understanding of
the turn restriction. I
f
F-T6.. The Applicant has agreed to an easement allowing public access to Shallow Pond and
will post two (2)parking spaces with"reserved for Shallow Pond access" at the rear
of the property. Commission transportation staff agrees with the Applicant that the
majority of Shallow Pond use will occur during the weekend when ample parking is
available.
a
F-T7. The Applicant has agreed to provide an employee/patron trip reduction program that
includes the following in-kind strategies:
* Assemble information regarding carpooling and its benefits to be distributed to
tenants and their employees.
■ Designate an area where carpool information will be posted for all employees of
the project.
■ Implement a guaranteed ride home program (taxi service) for use in the case of an
emergency for program participants.
■ Designate preferential parking spaces for employees that carpool (2 spaces).
■ Provide secure bicycle storage areas to accommodate bicycles for both employees
and patrons.
■ Work with tenants to provide on-site services to decrease employee midday trip
making. The on-site services shall include a lunchroom, microwave, refrigerator,
and prepared foods.
■ Provide an on-site transportation coordinator. The transportation coordinator .
shall,be responsible.for insuring,.that,the corn leterideshare program,including
car/vanpools; accommodating work shifts; promotions;incentives;.preferential
parking; and guaranteed ride home program,.is consistently promoted and
provided.
■ Provide flexible work hours for employees that car/vanpool.
■ Work with tenants to develop employee work hours to match transit schedules for
transit riders.
■ Distribute to all employees a new employee information packet that will include
information about the various TDM programs that are available and the ways in r
which employees can participate.
Provide a quarterly bulletin or newsletter reminding employees about the TDM
programs and making the employees aware of any new or modified services.
■ Provide bicycle maps indicating the location of bicycle facilities in the area will
be posted in central locations within the development to encourage bicycle
commuting.
■ Provide a reference in all promotional materials or link, in the case of a website,
to the Cape Cod Commission transportation information center Travel Demand
Management services at w-ww.gocapecod.or /g tdm. In addition,website based
materials and advertising developed for the project will include listing and links to
available public transportation services serving the project site.
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
March 20,2008
Page 7 of I 1
■ Provide incentives each day for each employee who commutes to work using
alternative methods that reduce automotive trips such as bicycling, walking,
carpooling or transit. These incentives shall include.free meals through
coupons/discount cards for use toward the purchase of goods and services within
the development or at adjacent retailers and entries into weekly raffles for prizes
such as.movie tickets, free meals and/or goods and services.
4
F-T8. The transportation section of the RPP requires Developments of Regional Impact
(DRI) to mitigate all traffic-related impacts associated with the proposed project.
Appropriate mitigation can be achieved through in-kind strategies (roadway
widening, signalization, etc.), non-structural means,(transit, preservation of
developable land) or a combination of these measures. The Applicant's
transportation engineer has submitted"fair-share"calculations demonstrating
compliance with the congestion requirements for the RPP. Based on the "fair-share"
congestion mitigation calculations for the proposed use,.the Applicant has agreed to
contribute $84,000 into a congestion mitigation fund for the Town of Barnstable.
CONDITIONS ' :,
General Conditions:
C-G1. All work shall be constructed in a manner consistent with the following plans:
■ Site Permitting Plans, Lakeside Commons Redevelopment Project
Proposed Office Building and Drive-Thru Bank, prepared by BSC Group
dated April 11, 2007 (as revised 12/18/07) and dated as received by the
Commission on 9/25/07,shes.C-1.—C-
et 1_l.
■ Site Drainage Plans, Lakeside Commons Redevelopment Project
Proposed Office Building and Drive-Thru Bank, prepared by BSC Group
June 2.6, 2007 and dated as received by the Commission 9/25/07.
■ Floor plans, roof plan and exterior elevations for the Proposed Lakeside
Commons Office Building and Bank, prepared by Brown.Lindquist
Fenuccio & Raber Architects, Inc., dated 4/24/07 and dated as received by
the Commission on 11/13/07, sheets Al.1, A1.2, A1.3, A2.1 and A2.2.
Any deviation during construction from the approved plans, including but not limited
to changes to the building design, building location, lighting, landscaping or other site
work, shall require approval by the Cape Cod Commission through a modification
process, pursuant to.Section 12 of the Commissions Enabling Regulations. The
Applicant shall submit to the Commission any additional information deemed
necessary to evaluate any modifications to the approved plans.
i
C-G2. This DRI Hardship Exemption is valid for seven (7) years and local development
permits may be issued pursuant hereto for a period of seven (7) years from the date of
the written decision.
DRI Hardship Exemption
Rose Motel Lakeside Commons Redevelopment.-#HDEX07018
March 20,2008
Page 8 of I 1
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C-G3. Failure,to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this decision.
C-G4. The Applicant shall obtain all necessary state and local permits for the proposed
project.
C-G5. No development work, as the term."development" is defined in the Act, shall be
undertaken until all appeal periods have elapsed or, if such an appeal has been filed,
until all judicial proceedings have been completed.
C-G6. C— Prior to issuance of a building permit for any proposed construction, the Applicant
-- -
.shall-submit final'plans as'approved'by'local boards for review.by.Commission staff
'to determine their consistency with this decision and/or information submitted as part
of the Hardship Exemption review. If the final plans approved by local boards are
inconsistent with this decision and/or supporting information,then they shall be
reviewed subject to Section 12 of the Cape Cod Commission Enabling Regulations,
as amended, and which are in effect at the time of review.
C-G7. Prior to the issuance of a Certificate.of Qccupancy-for.the-project,ahe Applicant shall
obtai F al Certificate of Compliance from the Cape Cod Commission. The
Applicant shall provide a minimum of thirty (30) days notice prior to seeking
issuance of all certificates associated with this decision from the Commission.
Commission staff shall complete an inspection under this condition within seven (7)
business days of such notification and inform the Applicant in writing of any
deficiencies and corrections.needed: The Applicants understand that the Commission
has no obligation to issue a Certificate of Compliance unless.-all conditions are
complied with or secured consistent.with this decision. The Applicants agree to allow
Cape Cod Commission staff to enter onto the property, which is the subject of this
decision for the purpose of determining whether the conditions contained in this
decision are met.
C-G8. The Applicant shall demonstrate to the Commission that a copy of this decision has
been provided to the general contractor prior to the start of construction.
C-G9. The findings and conditions of this decision shall be binding on and applicable to all
legal successors. All conditions pertaining to this decision shall remain in effect
regardless of any subsequent changes in ownership of the property.
Transportation Conditions:
C-Tl. Prior to the issuance of the Final Certificate of Compliance, the Applicant shall
consolidate the two (2) existing full access driveways on Iyanough Road (Route 132)
in Hyannis into one (1) right-turn-in/right-turn-out only driveway. In addition, the
Applicant shall construct a traffic island at the driveway to assist drivers'
understanding of the turn restriction.
DR]Hardship Exemption
Rose MoteMakeside Commons Redevelopment-#HDEX07018
March 20,2008
Page 9 of 11
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C-T2. The Applicant shall provide a vehicle and pedestrian interconnection with the
adjacent parcel to the east addressed 1545 Iyannough Road (Route 132) as shown on
the site plan dated April 11, 2007 (as revised 12/18/07) prepared by Brown Lindquist
Fenuccio & Raber Architect, Inc..
C-T3. The Applicant shall designate two (2)parking spaces with "Reserved for Shallow 1
Pond Access" signs at the rear of the property.
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C-T4. Prior to issuance of a Final Certificate of Compliance, the Applicant shall grant an
easement to the Town of Barnstable across a designated portion of the subject
property allowing pedestrian public recreational access, during daylight hours only, to
Shallow Pond.'The easement shall include a right to park on the subject property in
connection with the pedestrian recreational access. The Applicant may limit use of
the parking area to the two (2) designated parking spaces described in finding F-T6
and condition C-T3 during working hours on Mondays through Fridays. .Prior to
executing and recording the easement,the Applicant shall provide Commission staff
with a draft of the easement for Commission staff approval.
C-T5. Prior to receiving a Final Certificate of Compliance, the Applicant shall implement
and maintain the trip reduction plan as outlined in transportation finding F-T7.
C-T6. Prior to receiving a Final Certificate of Compliance, the Applicant shall contribute
$84,000 to a transportation mitigation fund to be held at Barnstable County/Cape Cod
Commission. These funds shall be applied to any transportation project within the
Town of Barnstable.
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DRI Hardship Exemption
Rose Motel Lakeside Commons Redevelopment-#HDEX07018
March 20,2008
Page 10 of 11
CONCLUSION
i
The Cape Cod Commission hereby approves with conditions the application of Shallow Pond.
Nominee Trust and Sixty North Street Realty Trust as a Development of Regional Impact
Hardship Exemption pursuant to Section 23 of the Act, c. 716 of the Acts of 1989, as amended
for the proposed redevelopment of the Rose Motel as Lakeside Commons in Barnstable, MA..
This decision is rendered pursuant to a vote of the Cape Cod Commission Subcommittee on
February 25, 2008.
Ms. Elizabet Taylor Date
Vice Chairman of the Cape Cod Commission
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss 2008
Before me,the undersigned notary public,personally appeared Ms.Elizabeth Taylor, in her capacity as
Vice Chairman of the Cape Cod Commission,whose name is signed on the'receding document,and such person I
acknowledged to me that she signed such document voluntarily for its stated purpose. The identity of such person i
was proved to me through satisfactory evidence of identification,which was L]photographic identification wit
signature issued by a federal or state governmental agency, [J oatkjaf affirmation of a credible witness,or[
personal knowledge of the undersigned.
My Commission Expires:
OFFICIAL SEAL i
DORR STEVEN FOX. I
NOTARY PUBLIC - MASS. .
BARNSTABLE COUNTY
My Comm. Expires April 11, 2008 ,
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DRI Hardship Exemption t
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Page 11 of 11
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S�OF
Bps CAPE COD COMMISSION
3225 MAIN STREET
U1W _: >,:`. a to P.O. BOX 226
BARNSTABLE, MA 02630
�ssACHUSti� (508)362-3828
FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
HEARING NOTICE
CAPE COD COMMISSION
The Cape Cod Commission will conduct a public hearing on Monday, February 25, 2008 at 6:30
p.m. at the First District Courthouse,Assembly of Delegates Chamber, Route 6A, Barnstable,
MA. The following Development of Regional Impact(DRI) has been submitted to the Cape Cod
Commission under Section 23 of the Cape Cod Commission Act, c. 716 of the Acts of 1989, as
amended, and Section 8 of the DRI Enabling Regulations. The project will be considered for:a
DRI Hardship Exemption. This notice is being published as required by Section 5 of the Cape
Cod Commission Act.
Project Name:. Rose Motel/Lakeside Commons Redevelopment Project
Project Applicant: Shallow Pond-Nominee Trust& Sixty North Street Realty Trust
Project Location• 1555 Iyannough=Road�(RouteHyannis;;MAC
Project Description: Redevelopment of the existing Rose Motel to an 18,260 s.£ building that
will include professional office space and a drive-thru bank.
Anyone wishing to testify orally will be welcome to do so. Written comments may also be
submitted at the hearing, or delivered or mailed to the Cape Cod Commission, P.O. Box 226,
3225 Main Street;Barnstable, MA 02630 for receipt on or before the date of the hearing or until
the record is closed. The application,plans and relevant documents may.be viewed by calling
the Commission office at(508) 362-3828 to schedule an appointment between the hours of 8:30
a.m. and 4:30 p.m. If you need a reasonable accommodation, please let us know by February 19,
2008. Please call for more information and to make your request.
C ,
ya.
G T��
.. - ch G'.
Bps CAPE COD COMMISSION
3225 MAIN STREET
- * P.O. BOX 226
BARNSTABLE, MA 02630
�sstCHUsti`� (508)362-3828
FAX(508)362-3136 .
E-mail:frontdesk@capecodcomnriission.org
Date: March 20, 2008
To: Eliza Cox, Esq.
Nutter, McClennen.&Fish, LLP
P.O. Box 1630
Hyannis,MA, 02630
From: Cape Cod Commission
Re: DRI Hardship Exemption
Section 23 of the Cape Cod Commission Act
Project Applicant: Shallow Pond Nominee Trust and Sixty North Street Realty Trust
Property Owner: Shallow Pond Nominee Trust and Sixty North Street Realty Trust
Project: Rose Motel Redevelopment/Lakeside Commons
1555 Iyannough Road and 1575 Iyannough.Road(Route 132), Hyannis, MA
Project#: HDEX#07018
c
Book/Page#: 22146/76 '
Map/Parcel: 253/16
Lot/Plan: n/a
DECISION OF THE CAPE COD COMMISSION `
SUMMARY
The Cape Cod Commission (Commission) hereby approves with conditions the application of
Shallow Pond Nominee Trust and Sixty North Street Realty Trust for a Development of Regional-
Impact (DRI) Hardship Exemption pursuant to Section 23 of the Cape Cod Commission Act, and
Section 8 of Enabling Regulations governing review of Developments of Regional Impact("DRI
Enabling Regulations"), Barnstable County Ordinance 90-12, for the redevelopment of the Rose
Motel as Lakeside Commons, located at 1555 Iyannough Road (Route 132) and 1575 Iyannough
Road (Route 132).
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Page 1 of 12
PROJECT DESCRIPTION
The project site is a 2.2 acre parcel that encompasses both 1555 Iyannough Road(Route 132)
and 1575 Iyannough Road (Route 132), Hyannis, MA. This site is bounded on the south by
Shallow Pond, on the north by Route 132, on the east by an office building at 1545 Iyannough
Road (Route 132), and open space to the west owned by the Town of Barnstable. While the
development is proposed on the parcel identified as 1555 Iyannough Road(Route 132), the
adjacent property (1575 Iyannough Road) is considered part of the developed site because a
portion of the parking for the project is located there..
The project site is located in a Growth Activity Center as designated in the Barnstable Local
Comprehensive Plan. The parcel is split between two local zoning districts- highway business
and residential zones.
The project proposes to demolish the existing Rose motel, an approximately 17,580.SF, 27-unit,
38-room motel. The site will be redeveloped with an 18,260 SF,two-story professional office
building and drive-thru bank with associated parking, landscaping and stormwater and
wastewater infrastructure. The Rose Lodge building (1575 Iyannough Road)will remain on the
site.
Currently the site has vehicle access through two driveways on Iyannough Road. The proposed
redevelopment will close one of those access points to create a single, right in, right out access to
Iyannough Road. The proposed redevelopment will also provide an interconnect to the adjacent
development located at 1545 Iyannough Road, and subsequent continual access through the
neighboring mixed-use developments on to Old Strawberry Hill Road. Local zoning requires 58
parking spaces, however only 55 are being proposed.
In addition to site access improvements, Commission staff worked with the Applicant throughout
the Hardship Exemption application process to ensure that the project would incorporate a
standard employee trip reduction program, as well as congestion mitigation funds in the amount
of$84,000.00 for the Town of Barnstable's general use for transportation improvements.
PROCEDURAL HISTORY
The Commission received a Limited DRI Determination for Change of Use application from
Shallow Pond Nominee Trust and Sixty North Street Realty Trust on September 25, 2007. The
application was deemed complete November 29, 2007. A duly noticed public hearing pursuant
to Section 5 of the Act to consider the application was held by the Regulatory Committee of the
Commission on January 7, 2008 at the Assembly of Delegates chamber in Barnstable, MA. The
public hearing and record were closed on January 8, 2008, after which the Regulatory Committee
voted unanimously that the project undergo DRI review in the Regional Policy Plari(RPP)issue
area of Transportation.
The application for hardship exemption was received by the Commission January 14, 2008., and
deemed complete January 25, 2008. A public hearing was then held on February 25, 2008, by a
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
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Page 2 of I I
rf' subcommittee, whereupon the subcommittee unanimously recommended to the full Commission
that the hardship exemption be approved with conditions. A final public hearing was held on
March 20, 2008 where the Commission approved the hardship exemption subject to conditions.
MATERIALS SUBMITTED FOR THE RECORD
Trip Generation/mitigation calculation Memo from Tetra Tech Rizzo 1/29/08
via L. Cox
Application for DRI Hardship Exemption from L. Cox 1/14/08
Site Drainage Calculations 1/7/08
Nitrogen Loading Calculations 1/7/08
Revised Landscape Plan 1/7/08
Revised Lighting Photometric Plan from Brown Lindquist Fenuccio& 12/13/07
Raber Architects
Roof Plan via Memo from L. Cox 11/27/07
Lighting& Bollard Product Info from Brown Lindquist Fenuccio & 11/20/07
Raber Architects
Signed Mass Historical Commission Project Notification Form via 11/16/07
letter from L. Cox
Supplemental application materials via letter from L. Cox 11/13/07
Limited DRI Application for a Change of Use and corresponding 9/25/07
a lication materials
Cover Memo from L. Cox 9/25/07
Notice of Mass Historical Commission Project Notification Form 9/25/07
filing via letter from L. Cox
Materials from Commission Staff Date Submitted -
Memo to L. Cox from R. Christenbe 10/3/07
E-mail to L. Cox from R. Christenberry 12/12/07
Staff Report(Change of Use 1/2/08
Letter to L. Cox from R. Christenberry 11/29/07
Staff Re ort(Hardship Exemption) 2/19/08
TESTIMONY ,
Subcommittee Hearing February 25, 2008(DRAFT.Minutes, need approval)
The hearing came to order at 6:30 p.m. Ms. Brookshire read the hearing notice. Attorney Pat
Butler made a presentation for the Applicant regarding the transportation related aspects of the
project and the reason the Applicant is seeking the Hardship Exemption; the cost of performing a
w traffic study and the current MassHighway Route 132 corridor improvement project.. Ms. Kadar
asked how far the raised median along Route 132 would stretch. Mr. Butler said he believed that
it would run from the East side of Route 6 to the P_hinney's Lane intersection. Glenn Cannon
confirmed this.
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Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
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Ms. Ryan Christenberry gave the staff presentation, wherein she provided an overview of the
existing conditions, proposed development, and the transportation analysis and offsets proposed
by the Applicant.
Following an analysis of the presentations provided, Ms. Kadar made a motion to recommend to
the full Commission approval of the Hardship Exemption as presented by staff. Mr. Harris
seconded the motion, which was approved unanimously. Ms. Kadar made a motion for the Chair
to review and approve the draft decision. Mn Harris seconded the motion, which was approved
unanimously. Mr. Richardson made a motion to continue the public hearing to the full
Commission meeting on March 20, 2008 and to leave the record open. Ms..Kadar seconded the
motion, which was approved unanimously.
The hearing adjourned at 6:50 p.m.
In addition to the list of materials submitted for the record the application and notices of public
hearings relative thereto, Commission staff s notes and.correspondence, the minutes of public
meetings and hearings, and all other written submissions received in the course of the
proceedings are hereby incorporated into the record by reference.
JURISDICTION
The proposed project qualifies as a DRI under.Section 3(f)(i) of the DRI Enabling Regulations as
a change of use with a gross floor area greater than 10,000 square feet. Pursuant to Section 4(a) .
of the DRI Enabling Regulations, the Chief Regulatory Officer determined that the project
constitutes a Change of Use. Further, as provided in Section 4(a)(iii),the Applicant then,applied
fo'r a Limited DRI Determination in accordance with Section 4(b), which requires the Regulatory
Committee to determine the scope of the DRI review required.
FINDINGS
The Commission has considered the application for a Hardship Exemption from Shallow Pond
Nominee Trust and Sixty North Street Realty Trust for the project at 1555 Iyannough Road
(Route 132) and 1575 Iyannough Road (Route 132), Hyannis, MA. Based on consideration of
such application and upon the information presented at the public hearing(s) and submitted for
the record, makes the following findings pursuant to Section 23 of the Cape Cod Commission
Act and Section 8 of the DRI Enabling Regulations:
General Findings:
F-G1. The two parcels, located at 1555 Iyannough Road and 1575 Iyannough Road are
owned jointly by Shallow Pond Nominee Trust and Sixty North Street Realty Trust.
F-G2. The project site.is located in a Growth Activity Center as designated in the Barnstable
Local Comprehensive Plan. The parcel is split between two local zoning districts -
highway business and residential zones.
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F-G3. The Applicant proposes to convert the existing Rose Motel to professional office
space and drive-through bank. The existing Rose Motel consists of three buildings
for a total of 17,580 square feet(SF). The,Applicant proposes to replace the existing
buildings with one 18,260 SF building. The proposed new building would consist of
a 15,760 SF professional office space and a 2,500 SF drive-through bank.
F-G4. MPS 4.1.3.4. requires "Level of Service analysis...on all regional road links, at all
intersections of regional roads, and at local road intersections with regional roads
that are used by the project for access to the.regional road network".. Furthermore,
MPS 4.1.3.4 states that, "In lieu of mitigation of traffic impacts concurrent with
project development, The Commission, at its discretion; may allow a fair-share
payment of funds to Barnstable County to meet the requirements of this MPS". The
Applicant has shown that fully complying with the requirements of the RPP would
create a financial hardship,particularly the expense and time to prepare the required
traffic studies. The MassHighway Route 132 corridor improvement project is
currently underway. For this reason, the Applicant is seeking relief from the traffic
study requirement of MPS 4.1.3.4, Therefore;the Commission finds that:
'(i) The Applicant has met its burden showing a hardship exists,
(h) Literal enforcement of the Minimum Performance Standards
would be a hardship for the Applicant,
(iii) Partially relieving the requirements of MPS 4.1.3.4 to not
require a level of service analysis is the minimum relief
required to alleviate the hardship.
(iv) The relief does not nullify or substantially derogate Trom the
intent and purposes of the Act nor will it result in a substantial
detriment to the public good. '
In coming to this conclusion, the Commission has considered the extent of the
projects compliance with the--Act,`the Regional Policy Plan, municipal development
bylaws, and the Local Comprehensive Plan.
F-G5. In light of the projected trip generation for the proposed use, the Applicant is
proposing a fair-share mitigation contribution for use by the Town of Barnstable in
the amount of$84,000.00. These funds will be held at Barnstable County/Cape Cod
Commission.
F-G6. The project does not lie within a District of Critical Planning Concern(DCPC), and is
consistent with the Barnstable Local Comprehensive Plan and municipal development
bylaws. »
Transportation Findings:
F-T1. MPS 4.1.3.4. requires "Level of Service analysis...on all.regional road links, at all
intersections of regional roads, and at local road intersections with regional roads.
that are used by the project for access to the regional road network". Furthermore;
MPS 4.1.3.4 states that, "In lieu of mitigation of traffic impacts concurrent with
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Rose Motel/Lakeside.Commons Redevelopment-#HDEX07018 j
March 20,:2008 i
Page 5 of 11 ,.
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project development, The Commission, at its discretion, ma allow a fair-share y
payment offunds to Barnstable County to meet the requirements of this MPS". The
Applicant has shown that fully complying with the requirements of the RPP would
create a financial hardship,particularly the expense and time to prepare the required
traffic studies. The Commission finds that because the MassHighway Route 132
corridor improvement project is currently underway, it would be duplicative to
require this Applicant to perform the level of service analysis. For these reasons; the
Applicant is seeking relief from the traffic study requirement of MPS 4.1.3.4.
Therefore, the Commission finds that:
(v) The Applicant has met its burden showing a hardship exists,
(vi) Literal enforcement of the Minimum Performance Standards
would be a hardship for the Applicant,
(vii) Partially relieving the requirements of MPS 4.1.3.4 to not
require a level of service analysis is the minimum relief
required to alleviate the hardship.
(viii) The relief does not nullify or substantially derogate from.the
intent and purposes of the Act nor will it result in a substantial
detriment to the public good.
F-T2. The Rose Motel currently has two full access driveways on Iyanough Road (Route
132) in Hyannis. Iyanough Road (Route 132) is a regional road as defined in the
Regional Policy Plan(RPP).
F-T3. The Applicant's transportation engineer calculated the expected trip generation of this
project based on information contained in the Institute of Transportation Engineers
Trip Generation manual 7t'Edition. As shown in Table 1, the net increase in vehicle
trips from the existing use is.significant during the afternoon peak hour.
Table 1 —Trip Generation Estimates Increase From Current Use
Time Period Vehicle Trips
Average.Daily Traffic 170
-Morning Peak Hour 14
Afternoon Peak Hour 57
Based on ITE Trip generation manual, 71 Edition.
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F-T4. The RPP standard of review for transportation safety impacts is 25 or more new peak
hour trips through a high crash location. Based on the estimated trip generation and
trip distribution,the Route 132/Phinney's Lane intersection(a known-high crash
location) would be impacted by more than 25 new peak hour trips. The Route
132/Phinney's Lane intersection is currently being reconstructed by MassHighway as
part of the Route 132 corridor improvement. Therefore, the Applicant is not required
to investigate any known high crash locations.
F-T5. The Applicant has proposed a right-turn-in/right-turn-out only driveway onto Route
132 and interconnections between both adjacent parcels. MassHighway is currently
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installing a raised median within Route 132 to enforce the proposed right-turn-
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in/right-turn-out Route 132 driveway restriction. The Applicant has proposed a right-
turn-in/right-turn out traffic island at the driveway to assist drivers' understanding of
the turn restriction.
F-T6.. The Applicant has agreed to an easement allowing public access to Shallow Pond and
will post two (2)parking spaces with."reserved for Shallow Pond access" at the rear
of the property. Commission transportation staff agrees with the Applicant that the
majority of Shallow Pond use will occur during the weekend when ample parking is .
available.
F-T7. The Applicant has agreed to provide an employee/patron trip reduction program that
includes the following in-kind strategies:
■ Assemble information regarding'carpooling and its benefits to be distributed to
tenants and their employees.
■ Designate an area where carpool information will be posted for all employees of,
the project.
■ Implement a guaranteed ride home program (taxi service) for use in the case of an
emergency for program participants.
■ Designate preferential parking spaces for employees that carpool (2 spaces).
■ Provide secure bicycle storage area_s to accommodate bicycles for both employees
and patrons.
■ Work with tenants to provide on-site services to decrease employee midday trip
making.. The on-site services shall include a lunchroom, microwave,refrigerator,
and prepared foods.
Provide anon-site transportaiion coordinator. The transportation coordinator
shall be responsible for insuring that the complete rideshare program, including
car/vanpools; accommodating work shifts;promotions;incentives; preferential
parking; and guaranteed ride home program,.is consistently promoted and
provided.
Provide flexible work hours for employees that car/yanpool.
■ Work with tenants to develop employee work hours to match transit schedules for
transit riders.
■ Distribute to all employees a new employee information packet that will include
information about the various TDM programs that are available and the ways in
which employees can participate..
Provide a quarterly bulletin or newsletter reminding employees about the TDM
programs and making the employees aware of any new or modified services.
■ Provide bicycle maps indicating the location of bicycle facilities in the area will
be posted in central locations within the development to encourage bicycle
commuting.
■ Provide a reference in all promotional materials or link, in the case of a website,
to the Cape Cod Commission transportation information center Travel Demand
Management services at www.goca ecp od.or tdm. -In addition, website based
materials and advertising developed for the project will include listing and links to
available public transportation services serving the project site.
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■ Provide incentives each day for each employee who commutes to work using
alternative methods that reduce automotive trips such as bicycling, walking,
carpooling or transit. These incentives shall include free meals through
coupons/discount cards for use toward the purchase of goods and services within
the development or at adjacent retailers and entries into weekly raffles for prizes
such as movie tickets, free meals and/or goods and services.
F-T8. The transportation section of the RPP requires Developments of Regional Impact
(DRI) to mitigate all traffic-related impacts associated with the proposed project.
Appropriate mitigation can be achieved through in-kind strategies (roadway
widening, signalization, etc.), non-structural means (transit, preservation of
developable land) or a combination of these measures. The Applicant's
transportation engineer has submitted"fair share"calculations demonstrating
compliance with the congestion requirements for the RPP. Based on the "fair-share"
congestion mitigation calculations for the proposed use, the Applicant has agreed to
contribute $84,000 into a congestion mitigation fund for the Town of Barnstable.
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CONDITIONS
General Conditions:
C-G1. All work shall be constructed in a manner consistent with the following plans:
■ Site Permitting Plans,Lakeside Commons Redevelopment Project
Proposed Office Building and Drive-Thru Bank, prepared by BSC Group
dated April 11, 2007 (as revised 12/18/07)and dated as received by the
Commission on 9/25/07, sheets C-1 —C-1I.
■ Site Drainage Plans, Lakeside Commons Redevelopment Project
Proposed Office Building and Drive-Thru Bank, prepared by BSC Group
June 26, 2007 and dated as received by the Commission 9/25/07. i
■ Floor plans, roof plan and exterior elevations for the Proposed Lakeside
Commons Office Building and Bank, prepared by Brown Lindquist
Fenuccio & Raber Architects, Inc:, dated 4/24/07 and dated as received by
the Commission on 11/13/07, sheets Al.1,A1.2, A1.3, A2.1 and A2.2.
Any deviation during construction from the approved plans,including but not limited
to changes to the building design, building location, lighting, landscaping or other site
work, shall require approval by the Cape Cod Commission through a modification
process, pursuant to.Section 12 of the Commissions' Enabling Regulations. The
Applicant shall submit to the Commission any additional information deemed
necessary to evaluate any modifications to the approved plans.
C-G2. This DRI Hardship Exemption is valid for seven (7)years and local development .
permits may be issued pursuant hereto for a period of seven (7) years from the date of
the written decision.
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C-G3. Failure,to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this decision.
C-G4. The Applicant shall obtain all necessary state and local permits for the proposed
project.
C-G5. No development work, as the term"'development"is defined in the Act, shall be
undertaken until all appeal periods have elapsed or, if such an appeal has been filed,
until all judicial proceedings have been completed.
C-G6. Prior to issuance of a building permit for any proposed construction, the Applicant
shall submit final plans as approved by local boards for review by Commission staff
to determine their consistency,with this decision and/or information submitted as part
of the Hardship Exemption review. If the final plans approved by local boards are
inconsistent with this decision and/or supporting information, then they shall be
reviewed subject to Section 12 of the Cape Cod Commission Enabling Regulations,
as amended, and which are in effect at the time of review.
C-G7. Prior to the issuance of a Certificate of Occupancy for the project, the Applicant shall
obtain a Final Certificate of Compliance from the Cape Cod Commission. The
Applicant shall provide a minimum of thirty (30) days notice prior to seeking
issuance of all certificates associated with this decision from the Commission.
Commission staff shall complete an inspection under this condition within seven (7)
business days of such notification and inform the Applicant in writing of any
deficiencies and corrections.needed. The Applicants understand that the Commission
has no obligation to issue a Certificate of Compliance unless all conditions are
complied with or secured consistent with this decision. The Applicants agree to allow
Cape Cod Commission staff to enter onto the property, which is the subject of this
decision for the purpose of determining whether the conditions contained in this
decision are met.
C-G8. The Applicant shall demonstrate to the Commission that a copy of this decision has
been provided to the general contractor prior to the start of construction.
C-G9. The findings and conditions of this decision shall be binding on and applicable to all
legal successors. All conditions pertaining to this decision shall remain in effect
regardless of any subsequent changes in ownership of the property.
Transportation Conditions:
C-T1. Prior to the issuance of the Final Certificate of Compliance, the Applicant shall
consolidate the two (2) existing full access driveways on Iyanough Road(Route 132)
in Hyannis into one(1)right-turn-in/right-turn-out only driveway. In addition, the '
Applicant shall construct a traffic island at the driveway to assist drivers'
understanding of the turn restriction.
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018 '
March 20,2008
Page 9 of I 1
GT2. The Applicant shall provide a vehicle and pedestrian interconnection with the
adjacent parcel to the east addressed 1545 Iyannough Road(Route 132)as shown on
the site plan dated April 11, 2007 (as revised 12/18/07)prepared by Brown Lindquist
Fenuccio & Raber Architect, Inc..
GT3. The Applicant shall designate two (2)parking spaces with "Reserved for Shallow
Pond Access" signs at the rear of the property..
GT4. Prior to issuance of a Final Certificate of Compliance, the Applicant shall grant an
easement to the Town of Barnstable across a designated portion of the subject
property allowing pedestrian public recreational access, during daylight hours only, to
Shallow Pond. The easement shall include a right to park on the subject property in
connection with the pedestrian recreational access. The Applicant may limit use of
the parking area to the two (2)'designated parking spaces described in finding F-T6
and condition C-T3 during working hours on Mondays through Fridays..Prior to
executing and recording the easement, the Applicant shall provide Commission staff
with a draft of the easement for Commission staff approval.
GT5. Prior to receiving a Final Certificate of Compliance, the Applicant shall implement
and maintain the trip reduction plan as outlined in transportation finding F-T7.
GT6. Prior to receiving a Final Certificate of Compliance, the Applicant shall contribute.
$84,000 to a transportation mitigation fund to beheld at Barnstable County/Cape Cod
Commission. These funds shall be applied to any transportation project within the
Town of Barnstable.
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DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018 j
March 20,2008 '
Page 10 of 11
CONCLUSION
The Cape Cod Commission hereby approves with conditions the application of-Shallow Pond
Nominee Trust and Sixty North Street Realty Trust as a Development of Regional Impact.
Hardship Exemption pursuant to Section 23 of the Act, c. 716 of the Acts of 1989, as amended
for the.proposed redevelopment of the Rose Motel as Lakeside Commons in Barnstable, MA.
This decision is rendered pursuant to a vote of the Cape Cod Commission Subcommittee on
February 25, 2008.
Ms. Elizabet Taylor Date
Vice Chairman of the Cape Cod Commission
A
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss 2p,2008
Before me,the undersigned notary public,personally appeared Ms.Elizabeth Taylor,in her capacity as
Vice Chairman of the.Cape Cod Commission,whose name is signed on the preceding document,and such person
acknowledged to me that she signed such document voluntarily for its stated purpose. The identity of such person
was proved to me through satisfactory,evidence of identification,which was Ll photographic identification wit
signature issued by a federal or state governmental agency, [j oat , affirmation of a credible witness,or[
personal knowledge of the undersigned.
My Commis ion Expires:
OFFICIAL SEAL
DORR STEVEN FOX
NOTARY PUBLIC - MASS.
BARNSTABLE COUNTY
MY Comm. Expires April 11, 2008
DRI Hardship Exemption
Rose Motel/Lakeside Commons Redevelopment-#HDEX07018
March 20,2008
Page 11 of 11
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ofB 's CAPE CO® COMMISSION
O �r 3225 MAIN STREET H j Atl��'
v ® �" P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
�ssACH"Usti`S� (508) 362-3828
FAX (508) 362-3136
E-mail: frontdesk@capecodcommission.org
TO: Town of Barnstable Town Clerk, Building Inspector, Town Planner, Planning
Board, DRI Liaison, and Police Chief
FROM: Gail P. Hanley, Clerk of the Commission
SUBJECT: Rose Motel Redevelopment/Lakeside Commons
Modification to the Development of Regional Impact
Hardship Exemption Decision
DATE: November 20, 2008 1 b
Enclosed please find a copy of a type 1 minor modification to the Rose Motel
Redevelopment/Lakeside Commons Development of Regional Impact Hardship Exemption
Decision that was signed by the Cape Cod Commission on November 18, 2008.
Should you have any questions, please do not hesitate to contact our office.
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p 3225 MAIN STREET
v P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
�SSACHUStiS (508) 362-3828
FAX (508) 362-3136
E-mail: frontdesk@capecodcommission.org
Date: November 18, 2008
TO: Eliza Cox, Esq.
Nutter, McClennen& Fish, LLP
P.O. Box 1630
Hyannis, MA 02630
From: Cape Cod Commission
RE: Modification of a Development of Regional Impact
Change of Use/Hardship Exemption
Applicant: Shallow Pond Nominee Trust& Sixty North Street Realty Trust
Project: Rose Motel Redevelopment/Lakeside Commons
1.555 &_1575.1yannough Road, Route 132, Hyannis
Project#: CU/HDEX# 07018
Book/Page: 22146/76
Map/Parcel: 253/16
Background
The above referenced project, the Rose Motel Redevelopment/Lakeside Commons was
approved, with conditions, by a vote of the Cape Cod Commission (Commission) on March 20,
2008. The project was approved as a Change of Use/Hardship Exemption.
In a letter and other submissions received by the Commission on October 24, 2008, Patrick
Butler and Eliza Cox of Nutter McClennen & Fish LLC, representing Shallow Pond Nominee
Trust & Sixty North Street Realty Trust, requests a project change required by the local Site Plan
Review Committee. The requested change pertains to the removal of the raised island proposed
for the right in/right out driveway for the project. The Site Plan Review Committee's determined
that the island is no longer necessary given the raised median in place as part of the completed
Route 132 improvements that serves to-enforce the right in/right out access to the property. As
such, this change was adopted at the local level and the civil site plans entitle "Site Plan
Commercial Development `Lakeside Commons' 1555 Route 132 Hyannis, MA" prepared by
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BSC Group (March 7, 2007, revised May 7, 2008) consisting of sheets C1 -C11 have been
revised to reflect removal of the island.
Condition C-G6 of the Hardship Exemption decision states that any changes to the final plans
shall be reviewed in accordance with Section 12 of the Commission's Enabling Regulations..
Determination
The Executive Director of the Cape Cod Commission has determined that the requested revisions
to the findings and conditions of the original decision to accommodate the local Site Plan
Review Committee's determination that the traffic island located in the right in/right out
driveway is unnecessary and subsequently be removed, constitute de minimus changes and are
approved as Type 1 Minor Modifications. The following changes shall be made to the findings
and'conditions of the original Hardship Exemption decision to reflect the requested project
change as described above.
The following changes shall be made to the original decision, dated March 20,2008;
C-G1. All work shall be constructed in a manner consistent with the following plans:
n Site D tt' Plans, Lakeside Commons
Proposed Offlee Building and Drive TIffu Bank, prepared by BSC; Group
dated April i!, 2007 (as revised 12/18/07) and dated as r-eeeived by the
Conffnission an 9/25/07 sheets G 1 G 11. "Site Plan Commercial
Development `Lakeside Commons' 1555 Route 132 Hyannis, MA"
prepared by BSC Group (March 7, 2007, revised May 7, 2008) consisting
of sheets C1 —Cl 1.
F-T5. The Applicant has proposed a right-turn-in/right-turn-out only driveway onto Route
132 and.interconnections between both adjacent parcels. MassHighway is currently
installing a raised median within Route 132 to enforce the proposed right-turn-
in/right-turn-out Route 132 driveway restriction. The Appheant has propose a light
ttffn ipjr-i& turn eut'tr-affie island at.the dr-iveway ie assist drivers' under-standing of
the turn estf etion
C-T1. Prior to the issuance of the Final Certificate of Compliance, the Applicant shall
consolidate the two (2) existing full access driveways on Iyannough Road (Route
132) in Hyannis into one (1).right-turn-in/right-turn-out only driveway. in addition,
the Applicant shall eenstruet a tr-affie island at the dr-iveway to assist drivers'.
understanding of the tufn r-estr-ietief'17
These changes to the March 20, 2008 decision conform to corresponding Conditions C-GI and
C-G6 also contained in the decision. All other conditions of the March 20, 2008 decision, as
well as those mentioned herein, remain in effect.
Minor Modifications Type 1 to the Hardship Exemption Decision
Rose Motel Redevelopment/Lakeside Commons
November 18,2008
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SIGNATURE PAGE
Paul-Niedzwiecki, Executive /ire or of the.Cape Cod Commission Date
COMMONWEALT OF MASSACHUSETTS
Barnstable, ss /'/ , 2008 r
Before me,the undersigned notary public,personally appeared , in
Gier capacity as Executive Director of the Cape Cod Commission; whose name is signed on
the preceding document, and such person acknowledged to me that he/she signed such document
voluntarily for its stated purpose. The identity of such person was proved to me through
satisfactory evidence of identification,which was L] photographic identification with signature
ZTpersonal
d by a federal or state governmental agency, L oath or affirmation of a credible witness, or
knowledge of the undersigned.
C
Notary Public
My Commission Expires:
�011 �«
Minor Modifications Type 1 to the Hardship Exemption Decision
Rose Motel Redevelopment/Lakeside Commons
November 18,2008