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0*7" "\ Town of Barnstable
It •''- �. 200 Main Street,Hyannis,Massachusetts 02601
BARNSrABLE,
Regulatory Services Thomas F. Geiler, Director
Building Division Tom Perry, Building Commissioner
Phone(508)862-4679 Fax(508)862-4725 www.town.barnstable.ma.us
December 10, 2012
ii
The Cummaquid Golf Club of Yarmouth&Barnstable
do John W. Kenney, Esq.
1550 Falmouth Road, Suite 12
Centerville,MA 02632
RE: Site Plan Review# 017-12 The Cummaquid Golf Club of Yarmouth &Barnstable
35"Nlarstons Lane;eCummaquid)Barnstable,MAC Map 350, Parcel 001
Proposal: Demolish existing golf course clubhouse and replace with new clubhouse. Upgrades
to septic, landscaping, grading, drainage, lighting and parking lot are proposed. The granting of
relief from Zoning Board of Appeals is required.
Dear Attorney Kenney:
Please be advised that subsequent to formal site plan review on August 23, 2012,the above revised
proposal has been found to be administratively approvable subject to the following.
• Approval is based upon plans entitled"Proposed Club House Building, 35 Marstons Lane,
Barnstable,Barnstable County,Massachusetts, scale 1"=20',prepared for Cummaquid Golf
Club, 12 Sheets, dated July 20, 2012 with final revisions to Sheets C-1, 2 & 3 and Sheets C-6, 7,
8, 9, 10, 11 & 12 on August 15, 2012. Final revisions for Sheets C-4 & 5 November 8, 2012,
prepared by J.K. Holmgren Engineering, Inca Brockton. Also,plans entitled"Cummaquid Golf
Club", scale 1"=20', 9 Sheets, dated July 20, 2012 with final revisions to Sheets L2.0 &L2.1
November 8, 2012 prepared by Horiuchi Solien Landscape Architects, Inc.,Falmouth, MA;
Floor Plan and Elevations dated July 26,2012 entitled"Cummaquid Golf Club Clubhouse"
prepared by cbt architects of Boston, MA.
• Letter dated August 27, 2012 from Advanced Drainage Systems, Inc. OH confirming onsite
leachf eld design capability of supporting two 70,000 lb fire engines parked side by side on the
GEO-flow Pipe system.
• Parking rationale for 111 spaces from Attorney John W. Kenney, dated December 6, 2012.
xxL
• Submission and approval by Growth Management Department of a photometric plan depicting
zero (0) light spillage onto abutting properties.
• Conditions of BOH Variance for septic system.
• Old Kings Highway Certificate of Appropriateness.
• A modification of Special Permit 1972-16 and Special Permit for the expansion of a pre-existing
conforming use will need to be granted by the Zoning Board of Appeals.
• If plan changes are requested by the Zoning Board of Appeals during the appeal process,the
final plan cited in the special permit decision must be provided for the Site Plan Review file.
• Applicant must obtain all other applicable permits, licenses and approvals required, including but
not limited to, a License Agreement with the Department of Transportation authorizing the
applicant's use and development of the triangular piece of property in their ownership and
included as a part of this application.
Upon completion of all work, a registered engineer or land surveyor shall submit a letter of
certification, made upon knowledge and belief in accordance with professional standards that all
work has been done in substantial compliance with the approved site plan(Zoning Section 240-105
(G). . This document shall be submitted prior to the issuance of the final certificate of occupancy.
A copy of the approved site plans will be retained on file.
Sincerely,
Ellen M. Swiniarski
Site Plan/Regulatory Review Coordinator
CC: T_om.Perry_,.Building Commissioner _
SPR File
ZBA File
Health Dept.
. r ,
JOHN W. KENNEY
ATTORNEY AT LAW
12 CENTER PLACE
1550 FALMOUTH ROAD
CENTERVILLE, MASSACHUSETTS 02632
TELEPHONE 771-9300 FAX NO. 775-6029
AREA CODE 508 e-mail:John@jwkesq.com
r�fi
December 6, 2012 :7;1
Thomas Perry, Building Commissioner ,
Town of Barnstable
Building Division
200 Main Street •
Hyannis, Massachusetts 02601 =
Re: Site Plan Review Committee
Parking Rationale for Cummaquid Golf Club
Clubhouse Project
Dear Mr. Perry:
In response to the recent request from the Town of Barnstable Site Plan Review
Committee for a "parking rationale" for the proposed new clubhouse at Cummaquid Golf
Course I submit the following analysis.
I. CALCULATION OF PARKING NEEDED FOR EACH USE
A. Employee Parking*
Maximum Total Employees for Kitchen/
Wait Staff/Bartender/Club Manager 11
Maximum Pro Shop Employees 3
Cart Barn Employees 2
TOTAL 16
Assume Two Employees Per Vehicle _ 2
Employee Spaces Needed 8
*Does not include Maintenance Staff. Maintenance Staff= 15 employees
during peak season. Assume two employees per vehicle= 8 spaces
needed. There are 15 spaces provided around the maintenance barn
which are utilized by the maintenance staff and are not included in the 111
spaces shown on the Site Plan.
B. Golf Course Parking
18 Holes x 4 people/hole = 72 Players
Assume 2 Golfers Per Vehicle _2
Total Spaces Needed 36 Spaces
C. Tournament Use of Golf Course
18 Holes x 8 people/hole = 144
Assume 2 Golfers Per Vehicle _ 2
Total Spaces Needed 72 Spaces
D. Dining Room
140 Seats _ 2 People Per Vehicle = 70 Spaces Needed
E. Grille Room
Grille Dinning 30
Grille Lounge 22
Grille Bar 12
Grille Porch 36
Private Meeting/Dining Area 18
Total Seats 118
Assume Two People Per Car _ 2
59 Spaces Needed
II TOTAL SPACES PROVIDED 111 SPACES
ANALYSIS
In reviewing the calculations of parking needed for each use and the total
number of spaces provided, it is clear that the 111 spaces proposed in
connection with construction of a new clubhouse at Cummaquid Golf Club are
sufficient to satisfy the need for parking. Cummaquid Golf Club is first and
foremost a golf course. Golfing activities are scheduled through a Tournament
Committee and over seen by the Club's PGA Golf Professional. The Golf
Committee and Golf Professional work with the House Committee and
Clubhouse Manager in scheduling club activities to allow for appropriate staffing
and provisions. A calendar is prepared each year listing the day and time of the
club functions.
The 111 parking spaces proposed can easily accommodate the average
day to day operations of the club. If a full tournament field is utilizing the golf
course (a rare event usually related to a charitable fundraiser) the proposed
parking could handle the need for parking spaces. Such a tournament (with 144
players) would have to utilize the dining room in the new clubhouse for food
service. This would still leave room for some non-participating members to utilize
the grille room area while the tournament is in progress or the course after
completion of tournament play but prior to completion of tournament dining.
If the golf course was at full, non-tournament capacity and the dining room
was also at full capacity, the parking provided would be sufficient (utilizing the
excess parking at the Maintenance Barn for employee parking — see below). The
only possible use combination which would create a parking problem would be if
both the dining room and the grille area were at maximum capacity. The
Clubhouse Manager would not allow this to happen as it would overwhelm the
capabilities of our kitchen; kitchen staff; wait staff; and bartender.
In summary, the proposed parking is sufficient to meet the projected
needs (using a conservative analysis of two people per vehicle) for each
separate use of the proposed new Cummaquid Golf Course Clubhouse. The
p p p
proposed parking is also sufficient to meet simultaneous uses of the new
clubhouse for different purposes.
Not included in the 111 parking spaces shown on the Site Plan for the new
clubhouse are 15 spaces located next to the Club's equipment barn. As stated
above, these spaces are utilized by the Club's course maintenance staff. The
maintenance staff only utilizes 8 of the 15 spaces. Many of the part-time staff
leave the grounds by 10:00AM. Therefore, the majority of the 15 spaces near
the equipment barn are available to meet the Club's parking needs during peak
hours of operation. If demand requires, we could require employees to park in
these spaces, freeing up spaces near the clubhouse for use by people attending
clubhouse activities.
r
CONCLUSION
The proposal to have 111 parking spaces as part of the Site Plan for the
proposed new clubhouse at Cummaquid Golf Course, combined with the
availability of 15 spaces next to the Club's equipment barn are sufficient to meet
the parking needs of the project and satisfy the requirements of Section 240-56
of the Town of Barnstable Zoning Ordinance.
•
Respectfully submitted,
Cummaquid Golf Course
By its Attorney,
11/71 )
0Y
.ohn W. Kenney, Esq.
3225 MAIN STREET • P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630.
CO
CAPE COD
(508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION
August 9, 2012 .A !.e.(-/-L�
ea
John W. Kenney, Esq. ��'Ai'lil-d�o/US /V
12 Center Place 1
155o Falmouth Road -7 7 �fites`,NS
Centerville, MA o2632 ( b .A.V,,.,-ri.w l
RE: Cu-mmmaaquid Golf_Club.Clubhoouse Project
Dear Attorney Kenney:
This letter is in response to your August 3, 2012 written correspondence and its enclosed plans
(dated July 2, 2012),regarding the proposed Cummaquid Golf Club Clubhouse Project. Based on
Cape Cod Commission staffs review of the correspondence and plans you submitted,your
proposal does not require mandatory Development of Regional Impact review at this time.
• Please do not hesitate to contact me with any questions.
Sincerel
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Executive Director :
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Cc: JoAnne Miller Buntich, Director, Growth Management,Town of Barnstable
Thomas Perry,Town of Barnstable Building Commissioner
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SSncHOSy
JOSEPH J. BERLANDiloym cis' PARNSTABLE
Attorney at Law
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November 14, 2012
Thomas Lynch, Town Manager
Copies to:
Thomas Perry, Building Commissioner
Mark Ellis, Ass't Town Manager
Joanne Buntich, Director of GMD
Ruth Weil, Town Counsel
Re: Meeting of November 5,2012
Cummaquid Golf Club
Dear Tom and others:
First of all I thank you for meeting with me,the abutters Peter Cose and Stanley
Baukus, and Town Councilor Ann Canedy on November 5th to hear our concerns, and
those of many other abutters and Cummaquid Golf Club members, in connection with the
Petition for a Special Permit filed by a member of the Board of Directors of the CGC to
demolish the existing clubhouse and to build a new and larger one.
You and your staff allowed us ample time to discuss our concerns as they apply to
legal and administrative issues. I have undertaken some additional research based on
those conversations which tend to support our concerns about the Petitioner having
submitted information on the various applications for public approvals which may not be
accurate. I would like to summarize them as follows:
1. Application for Site Plan Review
A. Gross Floor Area
An application was submitted to the Town for review by the various _
Departments. It states that the Total Floor Area of the existing building is 11,
238sf ( 9,425 sf of building and an additional 1,815 sf of"all other uses"on
site). The "all other uses"are described as a cooler, deck, covered entry and
patio.
My understanding of the definition of Gross Floor Area in the Town Zoning
and Building Codes does not permit outside areas to be included in the GFA
unless such uses are enclosed within the building, including enclosed porches,
PO Box 1177 • 3180 Main Street • Barnstable,MA 02630 1
Tel (508)375-0023 • Fax (508)375-0037
or if they are within the horizontal projection of the roof or floor above.
I am quite certain that most, if not all, of the "all other uses" included in the
Petitioner's applications are not within the building or within the horizontal
projection of the roof or floor above and,therefore, do not conform to the
Town's definition of GFA. A site visit should confirm the above.
By including these " all other uses" in the GFA of the existing building it
results in the new building being less than 10,000 sf more than the existing
building. If they are not included the new building will be approx.11,666 sf
larger than the existing building which represents an increase over
twice the GFA of the existing building.
I realize that the Town codes do not automatically prevent construction of a
new building just because it exceeds the existing building by more than
10,000 GFA. However, my concern is that the GFA in the application for Site
Plan Approval is inaccurate and that the Petitioner should be required to
resubmit it's Application and conform to the GFA definition in the Town
Codes.
2. Zoning Board of Appeal
The Petitioner has submitted a Petition to the Zoning Board of Appeals for a
Special Permit to continue the existing Non Conforming Use ( Golf Club )
to demolish the existing Club House and erect a new and larger Club House.
This Petition also contains the incorrect GFA calculations for the existing
building.
I realize that the ZBA is to act on the Non Conforming Use, however, the
difference in the size of the existing and proposed Clubhouse will have an
impact on the abutters, etc. particularly when the Petitioner is seeking to
include outside areas which do not exist today and will create noise levels
which are not existing today.
The increase in the size of the building and the introduction of active outside
areas is an essential element to this Petition. Based on the Petition submitted.
the ZBA has published Notices of the Special Permit being sought and has
scheduled a Public hearing.
The legal question I am raising is whether any Zoning Board of Appeals
Notice of Hearing and or Hearing is valid when the information
contained in Petition is inaccurate and not in conformance with the GFA
definitions of the Town
3. Land not owned by the CGC
JOSEPH J.BERLANDI, Esq.
PO Box 1177 • 3282 Main Street • Barnstable,MA 02630 2
Tel (508)375-0023 • Fax (508)375-0037
At our meeting on November 5t,the Building Commissioner informed us that
there appeared to be an issue over a portion of the land included in the Site
Plan which did not belong to the CGC. He indicated that he had informed the
Petitioner of this and that he would not issue a building permit until this has
been resolved.
Upon review of the Site Plan there, indeed, seems to be a portion
included which is not owned by he CGC.
Clearly the Petitioner has been made aware of this issue. We trust that if it is
accurate then the Site Plan Review should either be continued or made
subject to the submission of evidence that the CGC does in fact ownership or
a right to include this property in it's Site Plan.
The legal question I am raising is the validity of any Site Plan Review if the
land included is not owned by the Petitioner and the GFA calculations are
incorrect.
A similar legal question arises as to the validity of the Public Notice of and
scheduling of a ZBZ Hearing based on inaccurate GFA calculation and an
inaccurate Site Plan.
Both of the above issues are or should be known by the public departments
• involved in the approval process.
4. Cape Cod Commission
I have obtained a copy of the CCC regulations and how it defines Gross Floor
Area to determine whether a project such as this requires a public hearing and
full review.
As you know,the CCC can decline to review a project if the increase in the
GFA of the proposed building is less than 10,000 sf of the GFA of the existing
building. It can also decline to review a project if it determines that it does not
have a regional impact.
The August 3,2012 letter from Atty Kenney to the CCC clearly states that the "
total increase in gross floor area is less than 10,000 sf."and therefore "does not
meet the threshold requirements of a Development of Regional Impact" ( I am
attaching said letter)
I have spoken with a representative of the CCC and she informed me that the
staff person who was assigned to this project no longer is employed by the
CCC so that no one else has any first hand knowledge of what occurred in the
CCC denying review.
JOSEPH J.BERLANDI, Esq.
PO Box 1177 • 3282 Main Street • Barnstable,MA 02630 3
Tel (508)375-0023 • Fax (508)375-0037
l '
She did, however, inform me that to the best of her knowledge the CCC did
not make a site visit to confirm that the " all other uses"contained in Atty.
Kenny's submission where actually as he described them. The CCC basically
accepted the calculations based his letter and that of the Building
Commissioner. —wL " �e e
I am not suggesting that anyone did anything wrong but rather that the CCC
made it's determination not on an independent review of the calculations but
simply on what was submitted. The appeal period has expired.
The CCC definition of GFA is clearly different from the Town Building and
Zoning Code definitions as it allows certain"outside areas"to be included
provided they meet the purpose of such areas.
It would appear that once the Petitioner calculated the GFA of the existing
building to include 1805sf of"other areas"in it's submission to the CCC it had
to include the same calculations in it's submissions to the Town.
The reason I offer the above is at our meeting it was said by one of your staff
that, although not part of the Town public approval process,the CCC typically
undertakes a thorough review of calculations submitted to them for a
Determination. That does not seem to have occurred in this instance and,
therefore,there was no site visit to confirm calculations and descriptions of
outside areas provided.
In summary I am respectfully requesting that the various Town Departments,the
Zoning Board of Appeals , and perhaps, Town Counsel review the above and defer
any further action on this Petition until the Petitioner has submitted a revised
Petition accordingly.
I am more than happy to meet with you or any Town official you deem appropriate
to discuss the same. I do apologize for the length of this letter however there is
much to say. Thank you.
Your ly,
Jos J. Berlandi
JOSEPH J. BERLANDI, Esq.
PO Box 1177 • 3282 Main Street • Barnstable,MA 02630 4
Tel (508)375-0023 • Fax (508)375-0037
JOHN W. KENNEY
ATTORNEY AT LAW
12 CENTER PLACE
1550 FALMOUTH ROAD
CENTERVILLE, MASSACHUSETTS 02632
TELEPHONE 771-9300 FAX NO.775-6029
AREA CODE 508 e-mail:john@jwkesq.com
HAND DELIVERED •
August 3, 2012 ,
Paul Niedzwiecki, Executive Director ( ;' 7 ``
, Cape Cod Commission 1
f f ;
3225 Main Street, Box 226 /
r end
Barnstable, MA 02630
1
F
Re: Cummaquid Golf Club Clubhouse Project
Dear Mr. Niedzwiecki:
I am writing to request a jurisdictional determination letter for the proposed Cummaquid Golf
Club Clubhouse Project. The Town of Barnstable Building Commissioner, Thomas Perry has
requested that I obtain a letter from the Cape Cod Commission indicating that the clubhouse
project does not meet the threshold requirements of a Development of Regional Impact and the
Cape C,od Commission declines jurisdiction over this project.
As I am certain you recall, I met previously with you to review preliminary plans for this project.
The proposed project consists of tearing down the existing clubhouse and building a new
• clubhouse. To assist you in making your jurisdictional determination I am enclosing herewith
three copies of an Area Plan showing the gross floor area for the existing clubhouse and three
copies of and Area Plan showing the gross floor area for the proposed clubhouse. The total
increase in gross floor area is less than 10,000 square feet.
I am awaiting receipt of the final floor plans and elevation plans. There will be no change in the
gross floor area from these plans. If you need copies of these plans for your file please let me
know and I will get them to you as soon as possible.
• I you have any questions concerning this mater or if you wish to meet with me to discuss this
project please do not hesitate to contact me.
Ve r ly yours,
'
/ohnW. Kenney, Esq.
JWK/bp
:rff, Enclosures
cc: Chris Snow