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HomeMy WebLinkAbout0420 ATTUCKS LANE (2) } 420 ATTUCKS LANE BJ's WAREHOUSE � _ a o MfvGZ roc • Qoo o .015 t e•;22. • • `• • • +`.�._ ... ... m.�... s. .� ._. ...�:.ry x �.w'.. _ ...+I!'—�- _a—.�� �.c__ .. =- .In .-.�.-- x_ .m.�a.�. .fin-..r+'�. �-.+��•+�lr""".I'Mr�ww.Y r va:"�}"`+�"^",^'_"^M'-.�+y"cw'w�+T�.-"-e��a—�e�.rw� ....�. a ..�.,,. '• r � r r.;! JOHN W. KENNEY . ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSACHUSETTS 02632 1 , PHONE:508-771-9300 FAX:508-775-6029 November 17, 2015 Thomas Perry, Building Commissioner Town of Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: Appeal 2011-051 420 Attucks Lane, Hyannis, MA The Tarkinow Group, LTD., as managers for First Hyannis Realty LLC Dear Mr. Perry: Please be advised that litigation has been resolved between Stop and Shop and BJ's. BJ's wants to proceed with requesting a Special Permit concerning parking at BJ's to proceed with expansion. Enclosed please find the Plans that were submitted in 2011 and which were approved at Site Plan Review prior to the commencement of litigation. There have been no changes to the plan. I am writing to request a letter from you stating that we do not have to go back to Site Plan Review and we can proceed with Zoning Board of Appeals. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours,6,./i k l John W. Kenney, sq. JWK/mmc Enclosure Town of Barnstable THE Tn Regulatory Services ti9" '` .• Richard V. Scali,Di rector ASTABLE, * BuildingDivision BARNSTABLE 9MAC�� 1639• Thomas Perry, CBO n . .AAtaiAs w6a5515og1,e 16oa �ED10A Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 24, 2015 John W. Kenney, Esq. Attorney At Law 12 Center Place 1550 Falmouth Road Centerville, MA 02632 Re: 420 Attucks Lane, The Tarkinow Group, LTD Dear Attorney Kenney, In response to your correspondence dated November 17, 2015, regarding the proposed expansion of BJ's and whether Site Plan Review needs to be re-opened. It is unnecessary to return to Site Plan Review since there are no changes to the plans that were reviewed and approved in 2011. Your client may file and proceed to the Zoning Board of Appeals. Respectful) omas Perry, CBQ Building Commissioner OASTAL a NGINEERING OMPANY, INC. 260 Cranberry Highway Orleans,MA 02653 Orleans 508.255.6511 • Provincetown 508.487.9600 • Hyannis 508.778.9600 • Fax 508.255.6700 • www.ceccapecod.com February 15, 2005 Project No. C14825.01 Barnstable Building Division Attn: Thomas Perry,Building Commissioner 200 Main Street Hyannis, MA 02601 PH: 508-862-4038 FX: 508-790-6230 Re: BJ's Wholesale Club 420 Attucks Lane 7 Hyannis,MA 02601 C� Dear Mr.Perry: This letter serves as a follow up to our previous letter dated January 6, 2005.wherein we stated that, in our opinion,the site work had been completed in substantial compliance with the approved site plans with the exception of some punch list items. On.February.15,20,05.we.conducted an inspection to obtain the present status of the punch list work:At this time,it appears the only item on the approved plans which has not been completed is the construction of the propane filling station.BJ's Wholesale Club is awaiting written approval from the Cape Cod Commission to allow a slight shift in its location to comply with a required setback from a catch basin, at which time it will be constructed. Other than that,we only note that some minor erosion of the vegetated slopes has occurred,which the site contractor plans to repair when the spring growing season arrives. If you have any questions,please contact me directly. Very truly yours, COASTAL ENGINEE G CO., INC. David J.Michniewic ,P.E. DJMldlb t. t, cc Mourns Tarkrnnow, Owner ' r i. . IlnausetlaccountinglDOCIC148001148251C14825.0111etter Perry 02-15-05.doc •Providing solutions for the benefit of our clients and community■ {�y' ; 1 S C H L E N G E R / P I T Z & ASSOCIATES , INC . 44.0 CONSULTING ENGINEERS ENGINEERS FINAL AFFIDAVIT Project: BJ's Wholesale Club Retail Building Location: Hyannis Permit: Owner: BJ's Wholesale Club Architect: Bignell Watkins Hasser Architects,P.A. In accordance with Section 116.0 of the Massachusetts State Building Code, I, Stephen L. Devon, Registration No. 38927, being a registered Professional Engineer, do hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: Architectural: Fire Protection: Structural Foundation: Mechanical: Other(specify): Electrical: X for the above named project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and applicable laws and ordinances for the proposed use and occupancy. I further certify that we have performed the necessary professional services and have been present on the construction site at intervals appropriate to the stage of construction to determine that the work has proceeded in accordance with the documents approved for the Building Permit and was responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. I certify that the work has been done in conformance with the approved plans with the exception of the attached punch list items. BJ's Wholesale Club shall administer the enforcement of the work listed on the punchlist items. We request a Certificate of Occupancy for the above project. Si ature Cy Subscribed and sworn to before me this 1 3 date of 7a, I\Via r , 2005. My Commission Expires: 0 0/ /(/ Co COct i 4/uAgt ( ay E [ Notary Public 15 West Aylesbury Rd. • Timonium, MD 21093 73 E. Forrest Ave. Suite 230 • Shrewsbury, PA 17361 PH 410.561.1337 • FX 410.561.1446 www.spaengineers.com PH 717.227.2320 • FX 717.227.9916 r}4 t NS •lj S C H L E N G E R / P I T Z & A S S O c I A T E S , 1 N c . CONSULTING ENGINEERS ENGINEERS FINAL AFFIDAVIT • Project: BJ's Wholesale Club Retail Building Location: Hyannis Permit: Owner: BJ's Wholesale Club Architect: Bignell Watkins Hasser Architects,P.A. • In accordance with Section 116.0 of the Massachusetts State Building Code, I, William J. Pitz, Registration No. 38004, being a registered Professional Engineer, do hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: Architectural: Fire Protection: Structural Foundation: Mechanical: X Other(specify): Electrical: for the above named project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and applicable laws and ordinances for the proposed use and occupancy. I further certify that we have performed the necessary professional services and have been present on the construction site at intervals appropriate to the stage of construction to determine that the work has proceeded in accordance with the documents approved for the Building Permit and was responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. I certify that the work has been done in conformance with the approved plans with the exception of the t:..1 c_o attachedcpunch list items. BJ's Wholesale Club shall administer the enforcement of the work listed on the punchlist items. V1e request a Certificate of Occupancy for the above project. COc r r Signature (I Subscribed and sworn to before me this / date of 1/LQ , 2005. My Commission Expires: D • Not ry Public 15 West Aylesbury Rd. • Timonium, MD 21093 73 E. Forrest Ave. Suite 230 • Shrewsbury, PA 17361 PH 410.561.1337 • FX 410.561.1446 wwwspaengineers.com PH 717.227.2320 • FX 717.227.9916 r 01-12-'05 14:27 FROM-SCHLENGER/PITZ 4105611446 T-746 P02/03 U-038 V ENGINEERS FINAL AFFIDAVIT Project: BJ's Wholesale Club Retail Building Location: Hyannis Permit: Owner: BJ's Wholesale Club Architect: Bignell Watkins Iiasser Architects,P.A. In accordance with Section 116.0 of the Massachusetts State Building Code, I, Stephen L. Devon, Registration No. 38927, being a registered Professional Engineer, do hereby certify that I have prepared or directly supervised the preparation of all design plans,computations and specifications concerning: Architectural: Fire Protection: Structural Foundation: Mechanical: Other(specify): Electrical: X for the above named project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and applicable laws and ordinances for the proposed use and occupancy. I further certify that we have performed the necessary professional services and have been present on the construction site at intervals appropriate to the stage of construction to determine that the work has proceeded in accordance with the documents approved for the Building Permit and was responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. I certify that the work has been done in conformance with the approved plans with the exception of the attached punch list items. BJ's Wholesale Club shall administer the enforcement of the work listed on the punchlist items. We request a Certificate of Occupancy for the above jest. Signature Subscribed and sworn to before me this date of c_,. 2005. My Commi'don Expires: a . \..r� cui ' t'1 ^` •ham ftS:E.F.:', N L. ;. ... Nary Public •:'",.:*Pe fir:=, 2t. �'f•, � kr ai „/ fr i ' 14 01-08-2005 16:29 BJS PLYMOUTH 5087477763 PAGE:2 01-12-'05 14:28 FROM-SCHLENGEB/PITZ 4105611446 T-746 P03/03 U-038 f _ ENGINEERS FINAL AFFIDAVIT Project: B.'s Wholesale Club Retail Building Location: Hyannis Permit: • •Owner: BJ's Wholesale Club Architect: Bignell Watkins Hasser Architects,P.A. In accordance with Section 116.0 of the Massachusetts State Building Code, I, William J. Pitz, Registration No. 38004, being a registered Professional Engineer, do hereby certify that I have prepared or directly supervised the preparation of all design plans,computations and specifications concerning: Architectural: Fire Protection: _ Structural Foundation: Mechanical: X Other(specify): Electrical: for the above named project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and applicable laws and ordinances for the proposed use and occupancy. I further certify that we have performed the necessary professional services and have been present on the construction site at intervals appropriate to the stage of construction to determine that the work has proceeded in accordance with the documents approved for the Building Permit and was responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 1 certify that the work has been done in.conformance with the approved plans with the exception of the attached punch list items, BI's Wholesale Club shall administer the enforcement of the work listed on the punchlist items. We request a Certificate of Occupancy for the above project. Signature 111 Subscribed and sworn to before me this I fL date of Tel,p, ,2005. My Commission Expires:DI (Q ji& 0N Of ,a P1TZ • . 31 MECHANICAL to public �.` r;.;istsk nw. vVAi , . jS�ONAI 6 k d : • ' 01-08-2005 16:29 BJS PLYMOUTH 5087477763 PAGE:3 - WTHEMELI hp.1 BUILDERS INCORPORATED 44 Boynton Road — Holliston, MA 01746 - Tel: (508) 429-9209 Fax: (508) 429-9255 - www.themelibuilders.com GENERAL CONTRACTOR'S AFFADAVIT To the Building Commissioner: I certify that, I, or my authorized representative, have reviewed and observed the work associated with the construction of the BJ's Wholesale Club - 420. Hadaway Road Hyannis, MA and that, to the best of my knowledge, information and belief, the work completed to date has been done in conformance with the permit architectural plans and specifications approved by the Town of Hyannis Building Department and with the provisions of the Massachusetts State Building Code, and other applicable codes and ordinances. Themeli Builders, Inca e S 6630 81D 44 Boynton Road Holliston, MA Address • 508-429-9209 Phone Jw 12 ZOOS' (Date) - b-1 Then personally appeared in the above-named, . -- /i-u1i-6)* And made oath that the above statement by him/her is true. Before me, (D-2 i My Commission Expires: A DEBORAH JEAN WILLARD Notary PubH O t j C�Ctktassachusetts Vt i -My August 4,20ssion r OASTAL ' NGINEERING OMPANY, INC6.4 260 Cranberry Highway Orleans,MA 02653 Orleans 508.255.6511 • Provincetown 508.487.9600 • Hyannis 508.778.9600 • Fax 508.255.6700 • www.ceccapecod.com January 6,2005 Project No.C14825.01 Barnstable Building Department Attn: Thomas Perry Town Office Building 367 Main Street Hyannis,MA 02601 Re: BJ's Wholesale Club 420 Attucks Lane Hyannis,MA 02601 Dear Tom: Coastal Engineering Company, Inc. conducted inspections of the site work throughout the construction period.Based upon our inspections, it is our opinion that the site work has been completed in substantial compliance with the approved site plans with the exception of some punch list items.The owner's representative, site contractor,BJ's Wholesale Club,and general contractor have been provided with the punch list. Coastal Engineering Company,Inc.will be making inspections to verify that the punch list items have been corrected.If you have any questions, please contact me directly. Very truly yours, COASTAL ENG ERING CO.,INC. ---'-David J.Michni icz, DJM/jb cc:Moe Tarkinow, Owner Andy Voikos,Voikos Construction Charlie Heath,BJ's Wholsale Club Mike Themeli,Themeli Builders,Inc. Ken Joudry,R.B. Our Co. •Providing solutions for the benefit of our Pl giciciinggin1uTt'l huetter 01-06-05.doc Bignell Watkins Hasser . , A 'R • G H I T ARCHITECT FINAL AFFIDAVIT Project:- BJ's'Wholesale Club Retail Building Location: • Hyanni's,.MA Permit: Owner: BJ's Wholesale Club • Architect: . Bign.ell Watkins Hasser Architects,P.A. In accordance with Section 116.0 of the Massachusetts State Building ,Code, I, Francis X. Watkins, Registration No. 9865, being a'registered professional Architect, do hereby certify that I have prepared or _ directly supervised the preparation of,all design plans, computations and specifications concerning: • Architectural: X - Fire Protection. Structural Foundation.- • ' Mechanical: Other(specify): Electrical: - for the above named project and that, to the best of my knowledge, 'such plans, 'computations and specifications- meet the applicable provisions 'of the Massachusetts State Building Code, all acceptable architectural practices and applicable laws and ordinances for the proposed use and occupancy. = I further certify that we have performed the necessary professional services and have been present on the construction site at intervals appropriate to the stage of construction to determine that the work has proceeded - . in accordance with the documents approved for the Building Permit and was responsible for the following as specified in Section 116.2.2: 1'• :Review pf shop drawings, samples and.other submittals of the contractor as.required by the construction contract documents as submitted,for building permit and approval for conformance to • the design concept. - _ 2. • Review and approval of the quality control procedures for all code required controlled materials. I:certify that the work has been done in conformance wit O'= 0agd,o , and request a Certificate of Occupancy for the above:prof eci. ( ei x.wtS � 4 re' - Subscribed and sworn to before me this S date of 'fil ,i, e o"� , f My Commission Expires: ' '7 / 2 Dos" NotaryPublic ' 2661 RIVA ROAD,SUITE 1030•'.ANNE.POLIS,MARYLAND 21401 ' - 8500 LEESBURG PIKE,SUITE 503 •'VIENNA,VIRGINIA'22182 Maryland: 301-261-8228 Virania: '703-288 3320 MD Fax: 410-224-4443 VA Fax 703-288-4211 • ' • • Baltimore: 410-841-6595 Annapolis: 410 224-2727 Website: www.bigwaha.com �FtHE Town of Barnstable Regulatory Services snxNsrnst.E \., Thomas F. Geiler,Director �\oi aiMnss. 41 Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 January 13, 2005 To Whom It May Concern: The Town of Barnstable cannot issue a Certificate of Occupancy for the BJ's permit# 77536 until the Cape Commission issues a certificate of completion. Siincceereell , Thomas Perry Building Commissioner TP/AW • Fire Protection Services Fire Protection Engineering 14 Mulberry Street, P.O. Box 605 Hydraulics Specialists Fairhaven, MA 02719 Code Consultants Tel: (508) 991-2466 Fax:(508) 999-6832 E-Mail:FIREWOOD@RCN.COM December 21 ,2004 Chief Robert M. Crosby Barnstable Fire Department 3249 Main Street Barnstable, MA 02630 Re: BJ's Wholesale Club, Inc. Hadaway Road Barnstable, MA Dear. Chief Crosby, This letter is to certify that I am the engineer of record for the fire suppression system in this building. I have personally visited and inspected the sprinkler system at this location on Friday, December 17, 2004 and again on Tuesday, December 21 , 2004 to determine compliance with the bid requirements, the reviewed shop drawings and the Massachusetts Building Code, 6th edition. The system installation was completed by Environmental Fire Protection, Inc. of Marlboro, MA. The system, as installed and tested, meets the requirements of the Massachusetts Building Code (including the bulk merchandising portion), NFPA-13, NFPA-14 and all applicable local standards. Systems have been hydrostatically tested and all connected alarm devices are in proper operation. A list of minor punch list items has been forwarded to the sprinkler contractor for completion to meet final acceptance terms of BJ's Wholesale Club, Inc. Sincerely, 0•`-�k'or444619' -90 ‘7;1) DAVID F. cra k WOOD 'IA c.) FIRE PROTECTION David F. Wood, P.E. No.39169 fo Fire Protection Services AvF�isTs S/O r 1 cc: file 1 cc: Charlie Heath - BJ's Wholesale Club, Inc. pF"E►ore\ Town of Barnstable 44 ,►",1,i Regulatory Services Y anxxsrns Thomas F.Geiler,Director sb 9 ��� 'oleos a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 December 3,2004 Themeli Builders Incorporated 44 Boynton Road Holliston,MA 01746 RE: BJ's Wholesale Hyannis,MA To Whom It May Concern: This correspondence is in regards to the Hyannis BJ's Wholesale store currently under construction. Since this project started back in July, one of the first concerns that arose were the requirements that needed to be met for the store to merchandise. In order to stock the store with merchandise, at the least a temporary occupancy certificate must be issued. This temporary occupancy would allow the store to be merchandised and would allow the employees to work in the store. It is the policy of this office and has been for a number of years that a certificate of occupancy must be obtained before any merchandise can be moved into the store. This will ensure that all life safety issues have been satisfied. The subject of Occupancy has surfaced repeatedly and I have repeatedly stated to make sure the conditions imposed by the Cape Cod Commission as part of the DRI process are met and satisfied. It has further been stated repeatedly by myself that in order to issue any type of Certificate of Occupancy that the Cape Cod Commission must first be satisfied that their conditions have been met. They will then issue a Certificate of Compliance that will then allow the municipality to issue a Certificate of Occupancy. Until a Certificate of Compliance is issued from the Cape Cod Commission; a Certificate of Occupancy,whether temporary or permanent, cannot be issued. This is not a unique condition to this project but is part of the Cape Cod Commission Act. Should you have any questions or concerns please feel free to call me at 508-862-4038. • Sincerely, • Tom Perry Building Commissioner • cc:Larry Marston Cape Cod Commission Martha Hevenor sk + I February 7, 2005 Feb. 3, 2005 J.usge ni g Mitigation Discussion Attending members: Paul Niedzwiecki, Assistant Town Manager, Tom Broadrick, Planning Director, Bob Smith, Town Attorney, Bob Burgmann, Town Engineer, Roland Breault, Jr, Assistant DPW Director, Sergeant Andrew McKenna, Barnstable Police Dept., Deputy Fire Chief Dean Melanson, Hyannis Fire, Glenn Cannon, CC Commission, Bob Mumford, CC Commission, Don, Foxx, CC Commission Regulatory Officer Bob Mumford advised that 100%design plans were previously incorporated into the DRI decision. Last week revised plans substantially deviating from the original plan were submitted. He identified the primary issues to be the revised length of the left-hand turn lane at the intersection of Independence Road and Route 132 and a raised median strip vs. a painted island. Discussion noted-based strictly on observation-the use of the left hand turn lane onto Route 132 is consistently heavier than the Enterprise Road exit. Subsequently, Bob Mumford and Bob Burgmann agreed to go back to the original Oct. 2004 plan(in regards to the storage lane for the left-hand turn lane). Glenn Cannon added that this would not prevent a traffic back-up in the summer which is anticipated to continue. The stacking ability was identified to be 7 or 8 cars by Bob Burgmann. Bob Mumford noted that one positive change was the inclusion of the Opti-Com. Deputy Chief Melanson advised that this provision was always proposed but omitted from the original in error. Bob Mumford discussed the intersection approaches. He suggested that a raised median is necessary not for the entire length but for a portion, which will serve to channel traffic. Sergeant McKenna responded that this will bog cruiser response down. The public does not get out the way and they tend to not drive over the curb, forcing the police and ,It‘, emergency equipment to travel in the opposite lane. It was noted that the police cruisers are not equipped with Opti-Com. Because a clear shot is necessary for the Opti-Com to be effective, it is not fool-proof. It was nonetheless identified as a valuable tool. Deputy Chief Melanson pointed out that with budget cuts affecting manpower,the purchase of Opti-Com equipment can not be a priority. Other intersections were also identified as bogging down emergency response including the K-Mart Plaza. Deputy Chief Melanson advised that without the proposed medians emergency equipment can split the lanes and get through; the public has somewhere to go. Assistant Town Manager Paul Niedzwiecki remarked that this is a complex issue. The change was sent to the CCC in September and now the town is on the hook for delaying the opening of BJ's. With regards to the design of the Route 132 intersection,he declared that it is the town's decision. The median strip is not going to happen. The town irLt will not over ride the public safety staff and the re-design of this intersection will not be piece meal. Discussion ensued regarding when the CCC received information. Bob Mumford declared that the changes were submitted in Dec. by Tarkinow. The estimated cost of the improvements first established to be $455,000 and was later reduced by the applicant to $228,00. The work must be re-estimated in order to ascertain an updated escrow figure including the additional 50% contingency(for150%value). Discussion included a proposed police detail at the 132 intersection during BJ's operating hours. Sergeant McKenna opposed this stating it is too dangerous. Later, it was suggested that a detail be posted just outside the BJ's exit to prevent traffic from funneling out onto Independence Road and subsequently to the subject intersection. Instead, traffic will turn right, down Attucks and left onto Phinney's Lane to 132 and that signal. Bob Mumford requested a letter from the town regarding the proposed solutions. The town is in favor of declaring the proposed changes to be minor not major modifications. Bob Smith advised those present that Pat Butler has withdrawn as legal counsel representing BJ's and John Kenney will replace him. Discussion ensued in an attempt to identify and classify the proposed changes in terms of significant or minor. Deputy Chief Melanson stated that the no left turn lane is a problem. Illegal turns are common. Vehicles will hurry through a red light to get through the intersection. Bob Burgmann noted that the signal timing is not balanced. Instead of a median strip concrete rumble strip was suggested to define the lanes. Bob Burgmann also indicated that the BJ's mitigation fund is anticipated to pay for the right-hand turn lane. Bob Mumford discussed the former Lorrusso DRI, which pre-dated the BJ's project on this site. Former transportation credits, which the applicant declared would not be used, are now proposed by the applicant to be used. They now seek to receive credit, which will result effectively reducing the cash contribution. Approval of this would be considered a major change. Everyone agreed that the applicant must provide the cash contribution. Bob Burgmann confirmed that there is enough road layout to provide a left-hand turn lane and to do the right turn improvements. Tom Broadrick noted that the town is in favor of these improvements and if the CCC has to study it, the responsibility for the delay in BJ's opening is thrown on to the town. Bob Smith noted that the town's role is not one of applicant advocate. Deputy Chief Dean Melanson also suggested a signalized turn lane with proper signage. Some debate occurred over the preservation of the open space lot in accordance with the current DRI. Bob Smith inquired if the preservation was required to be in typical ,o conservation fashion or could municipal development be allowed for public benefit. He advised that the town wants to keep its options open for exit 61/2. Bob Mumford indicated that the municipal use would in fact conflict with the deed restriction but if the state requires that parcel (for the clover leaf)relief can be obtained. • The issues were reviewed and identified as follows: • Cash's property—Cash contribution wanted&P&S documentation • Go back to original plan for left turn storage lane • Rumble island at the intersection of Independence and Rte 132 • Right Turn lane—if this is major change to DRI—it will be tabled for later implementation. • Police detail during construction and open hours at BJ's exit to prohibit left hand turns. • Remi software purchase—town wants cash contribution of equal value • Hazardous material issue is resolved. • Landscape—escrow account and maintenance agreement recommended. Discussion ensued regarding the untimely submittal of information by the applicant. The town reiterated its position that Route 132 improvements be implemented. It was noted that all improvements are strictly conceptual at this point. This meeting adjourned at 11AM. Town of Barnstable • Planning Division Thomas A. Broadrick,AICP 200 Main Street,Hyannis. Massachusetts 02601 Director of Planning,Zoning, Tel: (508) 862-4703 Fax: (508) 862-4983 www.town.barnstable.ma.us &Historic Preservation of VIE Tod ti • it BARNSTABLE, S. i6gq.'40 MO ♦0 MEMO / tce� V Q DATE: October 18th, 2004 TO: Paul Niedzwiecki FROM: Tom Broadrick, Planning Director RE: BJ's Mitigation FAX: 508-790-6226 #pages: 1 / including cover sheet Paul,here is the info on the conditions and approval for ;Over on Hadaway. • I'll see you at 3:00 PM tomorrow. Tom The project is consistent with the Minimum Performance Standards of the Regional Policy Plan, as supported by finding G1. The project is consistent with Barnstable's Local Comprehensive Plan and the Barnstable zoning requirements. The Commission hereby approves with conditions the application of the Tarkinow Group for the proposed BJ's Wholesale Club as a Development of Regional Impact,provided the following conditions are met: CONDITIONS General G1. This DRI decision is valid for 7 years and local development permits may be issued pursuant hereto for a period of 7 years from the date of the written decision. G2. 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 upon notice to the applicant and an opportunity to be heard. G3. The applicant shall obtain all necessary state and local permits for the proposed project. G4. 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. G5. The proposed BJ's Wholesale Club shall be constructed in accordance with the following final plans: • Layout & Materials, Grading & Drainage, and Utility Plans SD-1-SD-4 dated 4/4/03. • Landscape and Planting Plans prepared by Coastal Engineering and Abbellire dated 3/7/03 • Building Elevations prepared by Bignell Watkins Hasser dated 2/7/01 (stamped received 4/4/03). • Conceptual Plan Raised Floor Drain System and Roof Plan dated 1/8/03. G6. Prior to the issuance of a preliminary Certificate of Compliance, the applicant shall submit construction plans for review by Commission staff to determine consistency with the "Conceptual Plan Raised Floor System" dated 05/03/02 and with other building specifications as referenced in finding HM13. G7. Prior to the issuance of a building permit,the applicant shall submit final plans as approved by local boards for review by Commission staff to determine their consistency with final plans as approved by the Commission and with Section 7 of the Cape Cod Commission Administrative Regulations Modifications to Approved DRIs, dated 2002 and as amended from time to time. BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 24 • G8. Prior to issuance of a buildingpermit, the applicant shall obtain a preliminary Certificate of Compliance from the Commission which states that all conditions in this decision pertaining to issuance of a preliminary Certificate of Compliance have been met. G9. Prior to receiving a preliminary Certificate of Compliance from the Commission, the applicant shall obtain a modification of DRI decision TR-96020 relative to the removal of the 10,000 gallon underground diesel fuel storage tank. Said removal shall be in accordance with the contract.referenced in finding HM8. G10. Prior to receiving a Certificate of Occupancy from the Town of Barnstable,the applicant shall obtain a final Certificate of Compliance from the Commission, G11. The project shall not be occupied until a final Certificate of Compliance is received from the Cape Cod Commission. G12. The applicant shall notify Commission staff of the intent to seek a preliminary or final Certificate of Compliance at least thirty (30) days prior to the submittal of a building permit application and 30 days prior to the anticipated date of occupancy. Such notification shall include a list of key contact(s) for questions that may arise during the Commission's compliance review. 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 applicant understands 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 applicant agrees to allow Cape Cod Commission staff to enter onto the property which is the subject of this decision at reasonable times and with prior notice for the purpose of determining whether the conditions contained in the decision are met. G13. The applicant shall demonstrate that a copy of this decision has been provided to the general contractor prior to the start of construction. Transportation Ti. Prior to the issuance of a final Certificate of Compliance for the proposed BJ's Wholesale Club, the applicant shall implement and maintain the following employee based trip reduction program: 1. Assemble information regarding carpooling and its benefits for distribution to each new employee. 2. Designate the employee area where car-pool information will be posted. 3. A guaranteed ride home program,in the case of an emergency for registered rideshares, shall be provided through a local taxi service. 4. Designate a minimum of two preferential parking spaces for employees that carpool. 5. 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. 6. Provide secure bicycle storage areas to accommodate up to 40 bicycles for both employees and patrons. BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 25 7. Provide on-site services to decrease employee midday trip making. The on site services shall include lunchroom, microwave, and refrigerator. 8. Provide an on-site transportation coordinator. The transportation coordinator shall be responsible for insuring that the complete rideshare program, including ridesharing, accommodating work shifts,promotions, incentives,preferential parking, and the guaranteed ride home program is consistently promoted and provided. 9. Provide an on site bus/trolley stop. . 10. Provide subsidized transit fares and purchase multi-ride discount passes, good for 20 rides per month, for interested employees. T2. Before a final Certificate of Compliance is issued for the proposed BJ's Wholesale Club, the applicant shall donate approximately 4.1 acres of vacant developable land off Communications Way in Hyannis, in excess of open space requirements, to a conservation land trust or the Town of Barnstableto be used solely and in perpetuity for conservation purposes in order to meet the remaining trip reduction requirements. The form and content of the deed shall be approved by Cape Cod Commission staff prior to recording. The proposed parcel is shown on a plan titled "Conceptual Site Development Plan showing proposed retail store Lot 13ACommunications Way, Barnstable,MA"revised March 28, 2003 and includes a retained easement on a portion for access to or use as Exit 6 1/2 and its related right-of-way. T3. Before a final Certificate of Compliance is issued for the proposed BJ's Wholesale Club, the applicant shall implement and complete the following transportation safety mitigation: Safety improvements within the Town of Barnstable: Route 28 and Route 149—Prepare a functional design report and design plans, including 25%, 75% and 100%plans, specifications, and estimates for the installation of a traffic signal. Route 28 at Old Stage Road- Optimize the traffic signal timing and prepare a safety report at this signalized intersection. The safety report shall include a detailed crash analysis and recommendations to address safety concerns. Route 28 at Phinney's Lane—Optimize the traffic signal timing and prepare a safety report at this signalized intersection. The safety report shall include a detailed crash analysis and recommendations to address safety concerns. Route 28 at Yarmouth Road- Provide and implement an optimal traffic signal timing and phasing plan for this intersection and make a contribution of$10,000 to Barnstable County/Cape Cod Commission for the Yarmouth Road By-pass Road design or roadway improvements in the Town of Yarmouth. • Route 132 at the Route 6 Westbound Ramps (Interchange 6) - Provide and implement an optimal traffic signal timing and phasing plan. ? BJ's Wholesale Club TR2003 1 DRI Decision April 10,2003 Page 26 Route 132 at Shoot Flying Hill Road -Design and construct a raised median to restrict left turns. The construction improvements are shown on the Conceptual Improvement Plan Route 132 at Shoot Flying Hill Road dated 8/01/02 by Vanasse Associates, Inc. Route 132 at Phinney's Lane—Design and construct left-turn lanes on Route 132 and modify traffic signal as necessary. The construction improvements are shown on the Conceptual Improvement Plan Route 132 at Phinney's Lane dated 8/01/02 by Vanasse Associates, Inc. The conceptual plan shall be revised to show ornamental mast arms or ornamental posts and signal heads on all approaches. Route 132 at Independence Drive -Design and construct left-turn lanes with a raised median on Route 132 and modify traffic signal as necessary, as shown on the Conceptual Improvement Plan Route 132 at Independence Drive dated 7/03/01 and revised 7/26/01, 9/13/01 by Vanasse Associates, Inc. If traffic signal mast arm replacement is necessary, ornamental mast arms shall be required. Route 132 at Route 28 Rotary - • Complete a concept plan depicting the planned improvements to the rotary including a uniform design for the approach islands to the rotary. • Prepare and implement a detailed traffic management plan for the rotary, installation of pavement markings, signs and the redesigned approac andsuding the • As a safety offset to the Route 132/Route 28 Rotary, the project applicant has agreed to provide design plans for a raised median on Route 132 from the Airport Rotary to the Cape Cod Mall driveway. • The improvements listed above are subject to approval by the CCC,the Town of Barnstable, and(if applicable) MassHighway. Safety improvements within the Town of Yarmouth: Route 28 at East Main Street—Provide a functional design report and design plans, including 25%, 75% and 100%plans, specifications, and estimates for the construction of a roundabout. Route 28 at West.Yarmouth Road—Provide and implement access management plan for the intersection. Route 6 Eastbound Ramps at Union Street—Conduct an evaluation of the existing signs and pavement marking and implement improvements to sign and pavement marking. Willow Street at Higgins Crowell Road—The project applicant has proposed to pave the Willow Street southbound shoulder, improve sight lines and signage at this intersection. Route 6 at the Willow Street Ramps (Interchange 7) - Design and install a traffic signal at the Route 6/Willow Street westbound ramp. The construction improvements are shown on the Conceptual Improvement Plan Willow Street at Route 6 Westbound Ramp dated 8/01/02 by Vanasse Associates, Inc. The concept plan shall be revised to show ornamental mast arms or ornamental posts and signal heads on all approaches. BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 27 Route 6A at Old Church Road/Union Street—The project applicant has proposed to evaluate and implement signage, sight line and driveway reconstruction at this intersection. Safety improvements within the Town of Mashpee: Pine Tree Corner Rotary—Conduct a feasibility/alternatives study at this intersection. Route 28 at Quinaquisett Avenue—As a safety offset at the Route 28/Quinaquisett Avenue intersection,the project applicant has agreed to conduct a Functional Design Report and 25 % design plans for the signalization of Route 28 and Asher's Path in Mashpee. T4. The applicant shall implement the following congestion mitigation improvements within the Town of Barnstable: Route 132 and Hadaway Road (Old Route 132)—Prior to the issuance of a final Certificate of Compliance for the proposed BJ's Wholesale Club, the project applicant shall prepare a functional design report and design plans, including 25%, 75% and 100%plans, specifications, and estimates and install a traffic signal at this location. The design plans (25%, 75% and 100%) are subject to approval by the CCC and the Town of Barnstable. The construction improvements are shown on the Conceptual Improvement Plan Route 132 at Hadaway Road dated 8/01/02 by Vanasse Associates,Inc . The concept plan shall be revised to show ornamental mast arms or ornamental posts and signal heads on all approaches. Phinney's Lane at Hadaway Road -Review the traffic signal plan three years after the store's opening to analyze traffic signal operations. If after three years of the store's opening, the traffic signal timing and phasing plan is not operating adequately, the applicant shall provide and implement a traffic signal timing and phasing plan as directed by the Cape Cod Commission and/or the Town of Barnstable. Independence Drive at Attuck's Lane - Review the traffic signal plan three years after the store's opening to analyze traffic signal operations. If after three years of the store's opening,the traffic signal timing and phasing plan is not operating adequately, the applicant shall provide and implement a traffic signal timing and phasing plan as directed by the Cape Cod Commission and/or the Town of Barnstable. If any other parties (public or private),prior to BJ's constructing mitigation at these locations, construct traffic improvements or traffic mitigation at any of these locations that makes BJ's proposed mitigation unnecessary or impractical,BJ's shall pay an amount equivalent to that proposed mitigation cost at those locations to the County of Barnstable/Cape Cod Commission. Such payments in lieu of in-kind traffic mitigation are necessary to comply with MPS 4.1.1.1 and shall be used to support transportation improvements in the Town of Barnstable. • T5. Prior to the issuance of a final Certificate of Compliance for the proposed BJ's Wholesale Club, the applicant shall commit $140,200 for roadway mitigation. This mitigation will be held by Barnstable County/Cape Cod Commission and shall be applied to transportation improvements BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 28 in the Towns of Barnstable, Yarmouth, Mashpee, and Dennis (study area towns impacted by this project), as follows: Barnstable $45,300 Yarmouth $73,800 • Dennis $18,600 Mashpee $2,500 $140,200 Hazardous Materials HM1. Prior to issuance of a preliminary Certificate of Compliance, the applicant shall remove the 10,000 gallon underground diesel tank at en the Cape Cod Aggregates/Hyannis Sand & Gravel facility on Phinney's Lane in Hyannis. This shall include obtaining any necessary local permits from the Barnstable Fire Department. HM2. Prior to issuance of a final Certificate of Compliance, the applicant shall provide to the Commission evidence that the 10,000 gallon underground diesel tank at the Cape Cod Aggregates/Hyannis Sand & Gravel facility has been removed. This shall include but not be limited to providing the Commission with a copy of the local Fire Department tank removal permit and evidence that the tank has been properly cleaned and decommissioned. HM3. The removal of the 10,000 gallon underground tank referenced in this decision shall be permanent. It shall not be replaced or re-installed on any part of the Cape Cod Aggregates/Hyannis Sand & Gravel site, or any part of the Cape Cod Aggregates subdivision at any time in the future. This prohibition shall include both an above or underground tank. Such removal shall be in accordance with the contract referenced in finding HM8. HM4. The project site shall be limited to not more than 3,323 gallons or its dry weight equivalent of hazardous materials on site at any given time, including all items in the store, inclusive of items on the display/sales floor and in stock. The store shall adhere to the inventory identified in "BJ's Club/ Small Box Store Inventory" submitted on February 26, 2003. The proposed tire center shall be limited to changing tires. The site shall not generate or dispose of any hazardous wastes as defined by 310 CMR 30.000. HM5. Prior to issuance of a final Certificate of Compliance, the applicant shall provide to the Cape Cod Commission staff a detailed inventory list and Material Safety Data sheets that verify compliance with condition HM 4. • BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 29 1 HM6. Prior to issuance of a final Certificate of Compliance, the applicant shall submit to the Cape Cod Commission an emergency response plan for the store, and shall provide a copy of this document to the Barnstable Fire Department. The applicant shall also provide evidence of the following: that hazardous materials in the store's proposed inventory have been reduced in accordance with finding HM7; that the store is equipped with the proposed interior and exterior containment methods and structures; and that the first$15,000 annual installment has been provided to the Town of Barnstable to support either an educational program in the Barnstable schools or the work of Barnstable Health Department regarding proper hazardous materials and hazardous waste management. HM7. The applicant shall provide to the Commission inventory reports of all hazardous materials sold,used, treated, generated, or stored on site as follows: at quarterly intervals for a period of two years from the date of the store's Occupancy Permit; followed by twice annually for a period of two years; and thereafter provided annually HM8. The Cape Cod Commission staff shall have the right to enter the project premises at any time during normal business hours upon reasonable notification to the store manager to verify compliance with conditions HM4, HM5 and HM7. HM9. If the inventory reports or Commission staff site inspections indicate that the project is not in compliance with this decision, notice shall be given to the applicant. Any noncompliance remaining after 30 days shall be deemed cause to revoke or modify this decision upon notice to the applicant and an opportunity to be heard. HM 10. The proposed tire center shall be constructed without floor drains of any kind, including but not limited to in-floor or raised drains, in accordance with building plans referenced in condition G5. Water Resources WR1. The applicant shall limit landscaped area to 121,639 s.£, and limit the creation of impervious surface of 182,064 s.f. of impervious pavement and 68,831 s.f. of roof area, as noted on the nitrogen-loading calculations submitted to the Commission and dated February 7, 2001. Construction of additional impervious surface and/or landscaped areas is subject to approval by the Commission. WR2. Prior to issuance of a preliminary Certificate of Compliance, the applicant shall provide to the Commission the sewer-hookup application with all supporting documentation and relevant engineering plans submitted to and on file with the Town of Barnstable for 3,442 gpd of project wastewater. WR3. Prior to issuance of a final Certificate of Compliance,the project shall hook up to the Barnstable wastewater treatment facility, and the applicant shall provide a sewer-hookup permit approved by the Town of Barnstable for 3,442 gpd of project wastewater together with any additional permit-application material not submitted under condition WR1. BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 30 WR4. Prior to issuance of a preliminary Certificate of Compliance, the applicant shall submit a groundwater monitoring plan to the Commission. The groundwater monitoring plan shall be designed to the satisfaction of Commission staff for the purpose of monitoring and assessing groundwater quality following a release of hazardous materials to environment and/or the building's containment structure. WR5. To meet MPS 2.1.1.2.C.1, the applicant shall also contribute $500 to determine a flushing rate for Lewis Bay. The funds shall be held in an interest-bearing account and expended for their designated purposes upon approval of the Commission's Executive Director. WR6. The applicant shall construct stormwater-management infrastructure in accordance with plans SD-3, dated November 19, 2001. Prior to issuance of a final Certificate of Compliance, the applicant shall further revise the stormwater maintenance plan to the satisfaction of Commission staff. Natural Resources/Open Space NROS 1. In accordance with NROS Finding 3, prior to the issuance a preliminary Certificate of Compliance,the applicant shall donate to the Town of Barnstable a 2.75 acre parcel of land off of Old Neck Lane in Barnstable (as shown on Barnstable Assessors Map 235, parcels 11 and 12) to be held under the care,custody, and control of the Conservation Commission. Commission Counsel shall approve the form and content of the deed prior to recording. The applicant shall also contribute $113,692 ($1.50 per sq. ft. x 1.74 acres) to the Barnstable County Treasury for the Barnstable Land Bank fund for open space acquisition prior to the issuance of a preliminary Certificate of Compliance. Community Character CC 1. If all required exterior lighting, irrigation, site work and/or other landscape improvements are not complete at the time a final Certificate of Compliance is sought from the Commission, any • work which is incomplete shall be subject to an escrow agreement of form and content satisfactory to Commission counsel. The amount of the escrow agreement shall equal 150% of the cost of that portion of the incomplete work, including labor and materials,with the amount approved by Commission staff. The escrow agreement may allow for partial release of escrow funds upon partial completion of work. The check shall be payable to Barnstable County with the work approved by Commission staff prior to release of the escrow funds. Unexpended escrow funds shall be returned to the applicant, with interest, upon completion of the required work. All site work and/or landscape improvements shall be completed-prior to issuance of a final Certificate of Compliance from the Commission. CC2. Plant materials specified by this decision may be substituted with prior written approval of Commission staff. BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 31 CC3. Prior to issuance of a preliminary Certificate of Compliance, the applicant shall submit for Commission staff review and approval a draft landscape maintenance agreement for six (6) full growing seasons which follows guidelines established by Commission staff. Prior to issuance of a final Certificate of Compliance, the applicant shall submit documentation of a final maintenance agreement contract. Economic Development ED.1 Within two months following completion of construction the project will document its hiring methodology and will provide to the Cape Cod Commission and the Town of Barnstable a listing of construction jobs,pay scales, number of employees, and number of Cape Cod contractors and residents employed in the construction of the project. The project will also list the number of minorities and women contractors employed by the project. ED.2 After six months of operation the project will document its hiring methodology and provide to the Cape Cod Commission and the Town of Barnstable a listing of the types of jobs, pay scales, number of employees, full- and part-time positions, benefits received,and number of Cape Cod residents employed. These figures should include the number of minorities, disabled, elderly, unemployed and underemployed persons. ED3. Beginning one year from the date of occupancy for a period of five (5) years, BJ's will provide to Commission staff and the Town of Barnstable annual reports addressing the following: • The number of employees receiving job training through the Cape Cod Community College program, and including the types of training, number of part-time and full-time employees, number of Cape Cod residents, and the annual dollar value paid by BJ's to the College and tuition reimbursements to employees. • •The Adopt-A-School Program and the Community S.M.A.R.T.S. program, including the number of students and teachers involved, activities supported, number of BJ's staff involved, and the amount of financial support. • Local vendor purchasing, including the number and types of vendors being used and the approximate annual financial benefits to the community,to the extent such information is not subject to proprietary restrictions or confidentiality agreements. • BJ's participation in the Cape Cod Council of Churches Food Bank program, including the system for contributions, locations of contributions, items contributed, and annual value of contributions. ED4. Prior to the issuance of a preliminary Certificate of Compliance, design plans for the Hyannis Business Improvement District directional signage along Route 132 shall be approved by Commission staff, Town of Barnstable, and Mass Highway. Prior to the issuance of a final Certificate of Compliance, this signage shall be installed. BJ's Wholesale Club TR20031 DRI Decision April 10,2003 Page 32 ED5. Prior to the issuance of a final Certificate of Compliance, if determined to be useful to the Town of Barnstable, the applicant will purchase the REMI computer software for the Town of Barnstable and provide documentation to Commission staff. An alternative contribution of equivalent value may be substituted for the REMI software by approval of the Regulatory Committee of the Cape Cod Commission ED6. Prior to receiving a Final Certificate of Compliance, the applicant will provide the first of four annual monetary contributions of$15,000, payable to Barnstable County for contribution to the Barnstable Housing Authority trust fund. The remaining three contributions will be submitted to the Commission on the anniversary of this decision for the first three years following the granting of this decision. Failure to comply with this condition shall be deemed cause to revoke this decision upon notice to the applicant and an opportunity to be heard. The Cape • Commission hereby approves with conditions the application of the Tarkinow Group .: a i evelopment of Regional Impact pursuant to Sections 12 and 13 of the Act, c. 716 of the A► s • i 89, as a en for the proposed BJ's Wholesale Clu located in Hyannis, MA. Robert D. Deane, Chair Date Commonwealth of Massachusetts Barnstable, ss. Subscribed and swornto before me th is / day of__Ai / 200? AAS Name,Notary Public My commission expires: r KATNARINE l PETERS j NOTARY PU6uc-Mass. r BARNSTABLEcouN1Y ltiti�-�1z�1coma.��titi�tititil�. BJ's Wholesale Club TR2003 1 DRI Decision April 10,2003 Page 33 TARKINOW GROUP, LTD. - BJ'S WHOLESALE CLUB DRI DECISION - CONDITION CHECKLIST Prior to the Preliminary Certificate of Compliance (i.e., prior to issuance of a building permit):2 Condition # Requirement G6 Submit construction plans for CCC approval for consistency w/ Raised Floor System plans & other plans. G7 Submit all final plans as approved by Town to CCC staff for review. G9 Modify Aggregates DRI re: removal of underground tank. G13 Demonstrate DRI Decision provided to General Contractor HM1 Remove Underground Tank WR2 Provide CCC w/ sewer hook-up application & all supporting materials WR4 Give CCC groundwater monitoring plan for approval WR5 Provide CCC w/ $500 for Lewis Bay (note not tied to any certificate, but recommend just paying prior to preliminary) NROS1 Donate 2.75 acre parcel for Open Space — Deed must be preapproved by CCC staff. NROS1 $113,692 to Barnstable Co Treasurer/CCC for open space. ` Please note that there are other conditions in the Decision which are contingencies or are not clearly tied to a Certificate that are not included herein. This document just provides a simple checklist for each certificate—should be used with and not in place of the DRI Decision. 2 Please note that the CCC has a 30-day review period built into the decision— so that after you request either a Preliminary or Final Certificate, the CCC has 30 days to review the project to ensure the conditions are met before issuing either Certificate. CC3 Submit 6 growing season draft landscaping maintenance agreement for CCC approval. ED4 , Design Plans for BID signage must be approved by CCC, Town & Mass Highway. Prior to the Final Certificate of Compliance (i.e., prior to issuance of occupancy permit from Town): Condition # Requirement T1 Implement Trip Reduction Program (see Condition) T2 Donate 4.1 acre TDM parcel — Form & content of deed must be pre-approved by CCC Staff T3 Implement & Complete Safety Mitigation (see Condition for all intersections & requirements). T4 Mitigation at Rte 132/Hadaway — see condition for specific requirements T5 $140,000 to Barnstable Co./CCC for roadway mitigation HM2 Evidence to CCC that Tank is removed (provide CCC w/ local Fire Dept. tank removal permit) — provide evidence tank has been cleaned & decommissioned. HM5 Provide CCC detailed inventory list & MSD sheets HM6 Submit to CCC & Fire Dept - emergency response plan for store HM6 Provide to CCC evidence of reduced inventory, store has containment measures, & that the first $15,000 payment has been made to Town. WR3 Hook-up to Barnstable wastewater facility — Provide CCC w/ copy of permit. WR6 Revise stormwater maintenance plan in accordance w/ CCC comments CC3 Submit evidence of approved final landscape maintenance agreement contract ED4 Approved BID Signage must be installed ED5 If requested by Town, submit evidence that REMI software provided to Town. ED6 First $15,000 contribution paid to Barnstable Co. for BHA. Other Requirements Not Clearly Tied to a Particular Certificate: Condition # Requirement T4 Phinney's/Hadaway — review traffic signal plan 3 yrs after store opening — depending on conditions, may need to implement traffic signal timing/phasing plan. T4 Independence/Attack's - review traffic signal plan 3 yrs after store opening — depending on conditions, may need to implement traffic signal timing/phasing plan. HM4 Site limited to not more than 3,323 gallons of hazardous materials on site at a given time. HM4 Tire center limited to changing tires only — no generation/disposal of hazardous waste. HM4 Adhere to inventory submitted on Feb. 26, 2003 HM7 Haz. Mat. Reporting Requirements — see Condition for frequency (quarterly, twice annually & then annually) HM10 No floor drains in tire center. ED1 2 Mos. after construction, provide to CCC & Town info on construction jobs (see condition) ED2 After 6 mos operation, provide to CCC & Town info on hiring & jobs (see condition) ED3 After 1 yr from date of Occupancy for 5 yr period, annual reports to CCC & Town on community involvement (see condition) 1210641.1 r BJs Wholesale Club—TR# 20031 Compliance Matrix for DRI Decision Decision date: April 10,2003, as amended January 20,2004; June 7,2004; June 21, 2004,August 21, 2004; August 25,2004 and November 3,2004 Prior to Preliminary Certificate of Compliance (prior to Building Permit) (Certificate of Compliance issued June 24, p 2004) General: "IG6: Submit construction plans of raised floor system for staff to review. 'IG7: Submit final plans as approved by local boards for review by Commission staff. JG9. Obtain modification to Cape Cod Aggregates DRI decision to allow removal of 10,000 gallon underground fuel tank. Hazardous Materials: JHM1.Remove the underground fuel tank from CC Aggregates. Water Resources 'WR2.Provide the CCC with sewer hook-up information. IWR4. Submit groundwater monitoring plan to CCC. (Note:plan accepted as a draft for compliance with preliminary certificate requirements. CCC staff needs to approve final plan prior to issuance of final certificate.) Natural Resources/Open Space sNROS1(as modified 1/20/04 and 6/21/04). Donate 2.75 2.41 acre parcel plus $ to Town of Barnstable and contribute $113,692 to the Barnstable County Treasury for the Barnstable Land Bank. Community Character ICC3. Submit draft landscape maintenance agreement for staff approval. (Needs revisions for final approval/final Certificate of Compliance.) Prior to Final Certificate of Compliance (prior to Certificate of Occupancy): Transportation Ti. Implement trip reduction program. T2. Donate the 4.1 acre parcel of vacant developable land to Town of Barnstable. T3 (as modified 11/10). Implement and complete the following transportation safety improvements: Within the Town of Barnstable: • Rte 28 & Rte 149: Functional design report and plans and estimates for traffic signal. • Rte 28 & Old Stage Rd.: for intersection. Pay$5000 to Barnstable County for transportation improvements in the town of Barnstable(by December 10,2004). • Rte 28 &Phinney's Ln: Optimize traffic signal timing and prepare safety report. • Rte 28 at Yarmouth Rd.: Provide &implement signal timing&phasing plan and contribute $10,000 for certain improvements. • Rte 132/Rte 6 Westbound ramps (Exit 6): Provide& implement signal timing/phasing plan. Pay$5000 to Barnstable County for transportation improvements in the town of Barnstable (by December 10,2004). •- Rte 132 at Shoot Flying Hill Rd.: Design&construct raised median Pay $25,000 to Barnstable County for transportation improvements in the town of Barnstable (by December 10,2004). • Rte 132 at Phinney's Lane: Design&construct left turn lanes &modify signal. Pay$200,000 to Barnstable County for transportation improvements in the town of Barnstable (by December 10,2004). • Rte 132 at Independence Dr.: Design& construct left-turn lanes with raised median. • Rte 132 at Rotary: Complete a concept plan of improvements;prepare & implement traffic management plan; provide design plans for raised median on portion of 132, and(by December 10, 2004) pay $19,000 to Barnstable County for transportation improvements in the town of Barnstable. Within the Town of Yarmouth • Rte 28 at East Main St.: Provide design report,plans, and estimate for construction of roundabout. • Rte 28 at West Yarmouth Rd.: Provide&implement access management plan. • Rte 6 Eastbound ramps at Union St.: Evaluate signage&markings and implement Pay $10,000 to Barnstable County for transportation improvements in the town of Yarmouth (by December 10,2004). .- Willow St. at Higgins Crowell Rd.: Pave „thbound shoulder& cightlines/signage. Pay$15,000 to Barnstable County for transportation improvements in the town of Barnstable (by December 10, 2004). *- Rte 6 at Willow St. ramps (Exit 7): Design& install signal at westbound ramp. Pay$175,000 to Barnstable County for transportation improvements in the town of Barnstable (by December 10,2004). • Rte 6A at Old Church Rd/Union St.: Evaluate signage & sight lines. Within the Town of Mashpee • Rotary: Conduct a feasibility/alternatives study. Pay $7500 to Barnstable County for transportation improvements in the town of Mashpee (by December 10, 2004). • Rte 28 at Quinaquisset Ave.: Conduct a functional design report and design plans for signalization of Rte 28/Ashers Path. JT4. (as modified 6/6/04). Implement the following: • Route 132 & Hadaway Rd.: Prepare functional design reports and install a traffic signal at Rte 132 &Hadaway Rd. (Old Rte 132) in Barnstable. Pay$190,000 to Barnstable County to be used by the Town of Barnstable to complete design plans for Route 132 improvements. These funds shall be paid either by July 7, 2004 (if a building permit has been issued) or upon receipt of a building permit. • Phinney's Lane at Hadaway Road-Pay$5000 to Barnstable County to be used by the Town of Barnstable to complete design plans for Route 132 improvements. These funds shall be paid either by July 7,2004 (if a building permit has been issued) or upon receipt of a building permit. • Independence Drive at Attuck's Lane -Pay $5000 to Barnstable County to be used by the Town of Barnstable to complete design plans for Route 132 improvements. These funds shall be paid either by July 7, 2004 (if a building permit has been issued) or upon receipt of a building permit. T5. Provide $140,200 for roadway mitigation. Hazardous Materials HM5. Provide CCC with detailed store inventory and MSDS. HM6. Submit emergency response plan for store and show that the first annual $15,000 payment has been paid to Barnstable to support either an educational program in the schools or a position in the Health Department. Finding HM13:Provision of hazardous materials mitigation measures in accordance with Finding HM13, including deeding of Cash's Autobody to town. Water Resources IWR3. Connect to Barnstable wastewater facility and provide copy of sewer hook-up perm it. WR6. Revise stormwater maintenance plan. (Note: Water Resources staff is checking. Applicant says it was submitted.) *WR4: Revise groundwater monitoring plan and submit to CCC staff for approval. Community Character CC3. Submit landscape maintenance plan according to guidelines established by CCC. (Draft was submitted for preliminary certificate. Changes needed for final certificate to be consistent with CCC guidelines. Have suggested language for applicant to use.) Economic Development ED5 Purchase REMI software (or an approved alternative) for the Town of Barnstable. IED6. Provide first annual $15,000 contribution for the Barnstable Housing Authority. Date: November 2004 Planner: Martha Hevenor Message Page 1 of 2 Broadrick, Tom From: Broadrick, Tom Sent: Thursday, December 02, 2004 4:30 PM To: Klimm, John; Niedzwiecki, Paul; Perry, Tom; Ells, Mark; Burgmann, Subject: FW: Update on BJ's Hello all, Mo Tarkinow and crew have alot to do before they can open in January or February as you can see from the attachments and the email below. No temporary Certificate appears to be possible. In addition, this past Tuesday I met with Bob Mumford, Martha Hevenor and Glenn Cannon from the CCC. They said the following regarding allowing BJ's to open while postponing the Rte 132/Independence Road improvements in order to have the Town's additional improvements folded into one project: In order for any of the money CCC is holding for general transportation projects within Barnstable that could be applied towards the Rte 132 Independence Road intersection improvements, i.e. have Tarkinow do the improvements he is required to AND at the same time do the improvements we would like to have done, several considerations would have to be approved by the Regulatory Committee: 1. They would need final design plans. 2. The design plans would need to be endorsed by the town. 3. They would need to see a signed contract "to build" from Tarkinow's contractor. 4. They would need a timeline for the proposed work. 5. They would need a BIG cash escrow with a forfeit provision...$1m??? 6. They would need a commitment from the Town that if Tarkinow bails out, the Town would do the work using the cash escrow...and pay the balance if needed. This seems almost insurmountable. Tarkinow's engineers are waiting on word from him and he is waiting on word from us. Are we interested in moving those 6 items above forward? Tom Original Message From: Martha Hevenor [mailto:mhevenor@capecodcommission.org] Sent:Thursday, December 02, 2004 3:06 PM To: Anna Brigham Cc: Broadrick,Tom; pat butler Subject: Re: Update on BJ's Anna, All conditions of the DRI decision need to be met prior to the issuance of a Final Certificate of Compliance. There is no temporary certificate of compliance. No occupancy permit may be issued until the Final Certificate of Compliance is issued. I have attached for your use a copy of the BJs compliance list that shows which requirements are outstanding at this point. (I did go over this list with Pat Butler and Moe Tarkinow at our meeting last week.) Please let me know if you have any other questions. Thanks, Martha 12/3/2004 Message Page 2 of 2 Anna Brigham wrote: Hi Martha,I just wanted to give you an update on the progress and ask a couple of questions. The work is continuing with one major stag being NSTAR. Apparently they don't work quickly. Anyway, that's being dealt with and we hope to get power shortly. Paving is planned for this week. BJ's is hoping to open the store by January 15th with a drop-dead date of 28th. We intend to submit what you need by December 28th in order to give you your 30-days for review. If you're interested, we can provide you with a "walk-thru" of the site and building exterior on December 28th. BJ's intends to merchandise on January3rd and canprovide you with a building "walk-thru" again, if you're interested. What exactly are you looking to see? Do you need every part of the project completely finished or can some minor items be left for a week or so later? Is there such a thing as a Temporary Certificate of Compliance? I guess I need to know if we submit every item on the DRI list except ED5 (the Town hasn't decided whether it wants the REMI software or not), will we still receive the Certificate of Compliance? Thanks for your assistance, Anna 12/3/2004 r Op THE rq Town of Barnstable Regulatory Services * BARNSTABLE, MAss Thomas F. Geiler, Director �p s63y. ♦0 9 rfOH1p'�A Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 TO: Larry Marston FROM: Tom Perry, Building Commissioner (eig( DATE: June 29, 2004 RE: Incorrect check amount Because of a miscalculation of the permit fee for BJ's in Hyannis, we will be returning the check that was submitted for $59, 585.29. Please submit a new check for $13,967.77. Thank you. r .:lun . 28. 2004 "a: 14AM9 BFR?NSTABLE t i re dept. I No. 1775 P 2 te,, 4 ' ,R;', BARNSTABLE FIRE DEPARTMENT 'y .' . =ey�PQs,s"�. `` 3249 Main Street--P.U. Box 94 to'.• —�`M ° '" Barnstable,Massachusetts 02630 4' * .,,• / 508-362-3312 FAX: 08=362-£444 Robert M. Crosby Glenn B.Coffin FIRE CHIEF DEPUTY FIRE CHIEF rerosby@barnstab!ef+re.orr gcoffinC barnstabiefire,org Building Code Compliance and Plans Review Worksheet Date of Review; 6/ 0`err Property Name: 8.T 'S 4_14. Plan Review #: Address: TYp_e_ of Documed' N/A RCVD RVWD COMPLIES I Narrative Report Firefighting Rescue Access ... s/ L/" i Hydrant Location Water Supply ✓ ✓ . Sprinkler Control Systems ,� 7'Y. :.3 L.----- Stand Pipe Systems ' Stand Pipe valve Locations, ,, 4. � p "' d a � � , �i�M J Fire Depa rlae'nt Conne'dOionti`P ° �.t, f r , Fire Pro ctit rt Signaling Sy tett 4. i "°' .L f °v ra n, , b' Gt YY i re, 1 1 1.FPSS and '�ih€ itt Iatbr\Locatft.01 igiVi l ,r � i r<j�--,— °r t ° xr J ° v AY .°m ^ w Ylya 3�!{FE Y�r �.� "^ ! Smoke � �,q�'���aust l ;.� ; ;� , �'�,� bl� �rt�.�>k.. ,� ���I{��t��°> . Smoke 6 f , 0°pf;Lca ,n ti r i'o ° t rx� OA V ik U °p y Life Saf4 en at i ., ,fb : iViti , I, ?d LFire Extincuisht S7stefS �I*Fii ' �'' s" x5313air 'E y 0a aK'I .. .�y ' ��4 dCiutlb°x., F.E.S. Control Equip Locatio . , , 4 F ;iA: . , : i,..b.�,Fire Protection Equipment Signa9e '" ';s"�'' `°' ':':, .'.1:. . -' --- ire Protection Rooms .�- ' ,r— Alarm Transmission Method Sequence of Operation Report Acceptance Testing Criteria We believe the documents/plans to bez,r5gete and compliant for the7r issuance o ilding permit. es No ccep •,,�' t ` Y cupan emit has been completed. We believe at it is within the scope the building permit, the above issues are in compliance. Name and Title Date .� www.hamsttaab etirr'e.or2 %C(//4Ai e 7rrs4. 7 /z. /.�f- a.-' 4.- iaire, 4's.. 4Ct'S_S .I$E rod, Town of Barnstable as do\ Regulatory Services • BARNSTABLE, MAss Thomas F. Geiler,Director s639. ♦0 9 o rA Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 3,2004 First Hyannis Realty,LLC The Talk Now Group LTD 335 Boylston St. Newton,MA 02459 RE: 420 Hadaway Rd.,This ge'R,/V To Whom It May Concern: This correspondence is in regards to your permit application which was received on May 19, 2004 in the Town of Barnstable building department. This project,which I am sure you are well aware of, came under review by the Cape Cod Commission. Until this department receives correspondence from that agency that all of their pre- permitting requirements have been met,we are unable to process this application. When we receive the go-ahead from the Commission we will process the permit as soon as possible. We regret any inconvenience this may cause you. Sincerely, Thomas Perry Building Commissioner TP/AW cc: Patrick Butler Anna Brigham Themeli Builders Inc. 17,161 Nutter Patrick M.Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM June 2, 2004 #22750 By Hand TO: Martha Hevenor FROM: Patrick M. Butler 0"k RE: Tarkinow Group, Ltd. - BJ's Wholesale Club - Prel. 'nary Certificate o Compliance nee. It is the purpose of this memorandum to provide you with additional items to allow for the issuance of a Preliminary Certificate of Compliance. Please be advised that BJ's Wholesale Club has submitted to the Barnstable Building Department an application for building permit in accordance with the DRI. For ease of reference, I have set forth below the conditions which have previously been complied with by the applicant based upon our prior meetings and correspondence: • Condition G6 - Submission of construction plans to CCC. • Condition G7 - Submission of all final plans as approved by Town of Barnstable. • Condition G9 - Modification of Cape Cod Aggregates DRI decision re: removal of underground tank. • Condition WR4 - Delivery of groundwater monitoring plan. • Condition WR5 - Payment of$500 for Lewis Bay flushing study. • Condition NROS1 - Delivery of check in the amount of$113,692 for open space. • Condition ED4 - Submission of material and payment for bid signage. Nutter McClennen &Fish ALP • Attorneys at Law 1513 lyannough Road, P.O. Box 1630 • Hyannis, MA 02601-1630 • 508-790-5400 • Fax: 508-771-8079 • www.nutter.com r— Martha Hevenor June 2, 2004 111 Page 2 I enclose for your information and review copies of the following documents which are in compliance with the remaining conditions required for issuance of a Preliminary Certificate of Compliance: 1. Condition G13 - General Contractor acknowledgement. I enclose a copy of the contractor acknowledgement form executed on May 26, 2004 by the contractor, Robert B. Our Company, Inc. 2. Condition HM1 - Removal of Underground Tank. I enclose a copy of the following: • Application and permit issued by the Commonwealth of Massachusetts Department of Fire Services - Board of Fire Prevention • Permit Certificate issued by the Barnstable Fire Department • MSDS Containment Sheet • Copy of Uniform Hazardous Waste Manifest confirming removal and disposal of tank and contents 3. Condition WR2 - Connection Permit. Enclosed please find a copy of Sewer Permit No. 4402 issued by the Town of Barnstable on May 13, 2004. I also enclose a copy of the sewer plan provided with the application materials. Please note that this is a sewer connection and not a sewer extension. 4. Condition NROS1 - Off Site Open Space. I enclose.a copy of my correspondence to Attorney Richard Largay, counsel for the Barnstable Land Trust enclosing an executed Quitclaim Deed for 2.42 acres in Barnstable off of Old Neck Lane. Please note that a small portion of the property did not have good, clear and marketable title. Accordingly,. based upon our discussions, I enclose a check made payable to the Barnstable Land Trust in the amount of$21,562.27 with reference to the .33 acres for which there is not good title. This is calculated in the same formula on a per square foot basis as the payment made under NROS 1. 5. Condition CC3. I enclose a draft landscaping maintenance agreement for six growing seasons in accordance with Condition CC3. Upon approval, we will obtain execution of this by the designated landscape contractor.