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HomeMy WebLinkAbout0253 MILLWAY idt t j�`ry:%�f`f `F of ,,l `jiYi1"` � 4' # YAt '!t�nw� 11JW4` ..' t i A. r 1" 1.f ), '11, :..1 • 'F'1' •' 1.1 ' ' ' . • ' - ' - '. ". ' . ' .,, j �' ' %I�t its . i'', 4 ► 5�'N � c , i l INN �� ill' ' f; i '., , .. • , 1 , } 1 , (' , 1 1 iilt,i,l, , '— y ., .qI . !` A • !,. :,,• �S, e t X L A r 0 ! : a �/ A ` • f' r o • s n' 11 A .., .t .. .. .' a .. '� ..,,. k!71 • d' � i �li • ' t - o A • r n ,I Ik r .a. ., , 6 �Ir �, L r n. n -. ! 4 t 3 ti .. .1 ,- ,y r ' . K • L A' ° VA. 1 A .. •, r .i il .. .i n Y •n !wG; , YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates cost $30.00 for 4 years. A Business Certificate ONLY REGISTERS THE BUSINESS NAME in town (which you must do by M.G.L.- it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1st FL., 367 Main Street, Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. .y Fill in please: Date: —tst.. 2 t/. 7� �t,1 ,. APPLICANT'S NAME: C-�-g7K c.�' • � � i ^ YOUR HOME ADDRESS: ,?1,Ri 6?r. c,f4, r Izti 'mac 1 ili\4, 02.E f ir'0,V4Wtfit ' 4 :0 A _ o BUSINESS TELEPHONE # HOME TELELPHONE#: NAME OF CORPORATION: ;,; V --Z tr.[,1 , ea. NAME OF NEW BUSINESS rird,�I« (,L)t./,q,-cE .LJ/4-1Tc..,�C%Q CQtrJSECTYPE OF BUSINESS GJiiAG L `.,A. 0416- IS THIS A HOME OCCUPATION? YES NO ADDRESS OF BUSINESS " m` way l—A t - c./MA MAP/PARCEL NUMBER3Ci tt526,(Assessing)' When starting a new business there are several things you must do to be in compliance with the rules and regulations of the Town of Barnstable. This form is to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in town. 1. BUILDING CO IONER'S ••FFICE ... This indivi allh n ors • of any permit requirements that pertain to this type of business. Authorize.- •nature** COMMENTS C',lvp -) J r 6 Lp►k-e,J_® tn. ,LurtA__) 2. BOARD OF HEALTH This individual haneL in� a of the requir ments that pertain to this type of business. Authorized Sig turee*** COMMENTS: 3. CONSUMER AFFAI S (LICENSING AUTHORITY) This individual een inf ed oft is sin• requirements that pertain to this type of business. Authorized Signature** COMMENTS: , 1 Town of Barnstable ' OW'N liE 6 RN STABLE //(g ass, °A 200 Main Street,Hyannis, Massachusetts 02601 BARNSTABLE, : 2006 OCT 27 AM 6: 43 Growth Management Department Thomas A. Broadrick, AICP 367 Main Street,Hyannis,Massachusetts 02601 Director of Regulatory Review Phone(508)862-4785 Fax(508)862-4725 wW Wn.barn lij October 24, 2006 Millway Marina, Inc. c/o Lynne Whiting Hamlyn, Environmental Consultant 690 Thousand Oaks Drive Brewster, MA 02631 cie Reference: Site Plan Review# 002-06—Millway Marina CLa- 253 Mill Way, Barnstable, MA ( �/ Map 301, Parcel 063 001 and 002 Dear Ms. Hamlyn: Please be advised that the Building Commissioner, Tom Perry, issued an administrative approval subsequent to formal site plan review February 9, 2006 subject to the following: o All construction shall be in compliance with the approved plan entitled, "Parking Lot and Boat Slip Plan in Barnstable, MA", signed by the Building Commissioner, Tom Perry on 10/17/06,prepared for Millway Marina Mattakeese Wharf Restaurant&Henry Blair, stamped and signed on by Arne H. Ojala, Prof. Land Surveyor of Down Cape Engineering, Yarmouthport, MA and dated 1/31/06, revised August 30, 2006. o Applicant must obtain all other applicable permits, licenses and approvals required. o 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 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. A copy of the approved plan is available on file. If you have any questions, or require further assistance, my direct telephone number is 508-862-4679. Sincerely, c.,z ,„54 r Ellen M. Swiniarski Site Plan Review Coordinator CC: SPR File om Perry,Building Commissioner s• C il Town of Barnstable / sf,� 200 Main Street,Hyannis,Massachusetts 02601 T'�E it srnst.E : 9 .•� `� `Tlo'rnas�A.i$roadr'ck,AICP TED Ma-s Growth Management Department 2 f 367 Main Street,Hyannis,Massachusetts 02601 Director of Regulatory Review Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us __ August 14, 2006 Di F 10'4 Millway Marina, Inc. do Lynne Whiting Hamlyn, Environmental Consultant 690 Thousand Oaks Drive Brewster, MA 02631 Reference: Site Plan Review# 002-06—Millway Marina—Parking Plan 253 Mill Way,Barnstable, MA Map 301, Parcel 063 001 and 002 Dear Ms. Hamlyn: Please be advised that the Building Commissioner, Tom Perry, has reviewed the parking plan received August 7, 2006, submitted subsequent to site plan review February 9, 2006. The following revisions have been requested regarding the handicap spaces: o The parking plan requires a total of two handicap spaces. • It is required that there is a hashed area between handicap spaces. o A revised plan depicting compliance with handicap code is necessary for approval. If you have any questions,or require further assistance, my direct telephone number is 508-862- 4679. Sincerely, �1 4, .51,7„,c,_ Ellen M. Swiniarski Site Plan Review Coordinator CC: SPR File Tom Perry,Building Comtnissio'ner Arne H.Ojala,Land Surveyor I:ssachusetts Department of Environmental Protection B reau of Resource Protection - Waterways Regulation Program JW069362 C apter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Sj) plified,Water-Dependent, Nonwater-Dependent,Amendment H. Municipal Planning Board Notification Notice to Millway Marina, Inc. Applicant: Name of Applicant Section H should 253 Millway Barnstable Harbor Barnstable be completed and Project street address Waterway City/Town submitted along with the original Description of use or change in use: application material. To provide a private recreational boating facility To be completed by municipal clerk or appropriate municipal official: "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans have been submitted by the applicant to the municipal planning board." teSr— Priked of Municip icial Dat-A atur o unicipal Official Titl City/Town Note: Any comments, including but not limited to written comments, by the general public, applicant, municipality, and/or an interested party submitted after the close of the public comment period pertaining to this Application shall not be considered, and shall not constitute a basis for standing in any further appeal pursuant to 310 CMR 9.13(4) and/or 310 CMR 9.17. CH91App.doc•Rev.10/02 Page 7 of 17 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 3 o b Parcel a- Permit# Health Division Date Issued Conservation Division Application Fee Tax Collector Permit Fee Treasurer k Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis / Project Street Address �-5 .3 Mi a/„4„. Village _ /� Owner - Address Po 11,41,4 Telephone Ca g (3 V-- 469 S 7 's 7 �� d Permit Request Square feet: 1st floor: existingmt_&Oa proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation) $ O ZS,. Construction Type Lot Size .S t -&Le o Grandfathered: krYes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure !��' Historic House: ❑Yes ❑No On Old King's Highway: Fl Yes ❑ No Basement Type: 0 Full 0 Crawl 0 Walkout ❑Other Basement Finished Area(sq.ft.) /1W - Basement Unfinished Area(sq.ft) Number of Baths: Full: existing P� '/a--Q Anew Half:existing new Number of Bedrooms: existing 0 new Total Room Count(not including baths): existing 17new First Floor Room Count Heat Type and Fuel: IGas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing nA)&e New Existing wood/coal stove: ❑Yes Flo Detached garage:❑existing ❑new size h,i, Pool: 0 existing 0 new size Barn:❑existing ❑new size Attached garage:O existing ❑new size hb Shed:0 existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial QYes ❑ No If yes,site plan review# Current Use yv� !�� A Proposed Use 44444 BUILDER INFORMATION Name w��%�TL� Telephone Number 'Kb P_— � � (9 Address License# (:S 'LL Home Improvement Contractor# /)-972-/ Y'`* d)-4' . ) Worker's Compensation# 315 443 /1O a9-0)'/ ALL CONSTRUCTION D IS RESULTING FROM THIS PROJECT WILL BE TAKEN TO _` // SIGNATURE ki DATE r FOR OFFICIAL USE ONLY • PERMIT NO. DATE ISSUED MAP/PARCEL NO. • ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL • FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. a • • Town of Barnstable • Regulatory Services • 9Bar ratz,$ • - Thomas F.Geller,Director 1bj9• �60 tdA'���+ Building Division Tom Perry, Building Commissioner • 200 Main Street, 1 y n is,MA 02601 • www.town.barnstable.paa.us Office: 508-862-4038 Fax: 508-790-6230 • Property Owner Must Complete and Sign This Section • • • If Using A Builder • • I, ,as Owner of the subject property • • hereby authorize; to act on my behalf, • in all Matters relative to work authorized by this building permit application for. (Address of Job) • it Signature of 4• ei • Date • Print Name TOWN OF BARNSTABLE\BUILDING PERMIT APPLICATION. 300 Parcel C)--)-fp Permit# Health Division Date Issued 1 //0"-/ Conservation Division Application Fee /dd. Tax Collector \ \ /_ ..) Permit FeeTreasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address a--S 3 112 � l / Village ill 0.4A4-S1 a ;- Owner 3 O.c ( I I Address yc lOd /4/ S 7: Telephone co 8 3 4 a.- 7? I 3 4444 t z6 3 D Permit Request (Le.. YbcbC) �tq Square feet: 1st floor: existing '4D proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 4 COo Construction Type Lot Size r arit2 Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two-Fam. ❑ Multi-Family(#units) Age of Existing Structure , v( Historic House: ®Yes ❑ No On Old King's Highway: es O No Basement Type: ❑ Full Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) � Basement Unfinished Area(sq.ft) Number of Baths: Full: existing , Y141 new ftc' ( Half:existing new Number of Bedrooms: existing 0 new Total Room Count(not including baths): existing 1 new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil E lectric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing j/LnAL New Existing wood/coal stove: ❑Yes ®1Vo Detached garage:❑existing ❑new size jit,3 Pool:❑existing 0 new size Barn:❑existing ❑new size Attached garage:O existing ❑new size bw Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial "(es ❑No If yes, site plan review# Current Use / Gki ' /t/ _Al Witte Proposed Use B I BUILDER INFORMATION ad(Name WJI9/' - Telephone Number S-0 Address ( �a� - ��''d 114-‘44 License# 12� Home Improvement Contractor# I��/ ,ed‘36 Worker's Compensation# C_Se- 31 S $//Cr)/— 0/ ALL CONSTRUCTION DE RESULTING FROM THIS PROJECT WILL BE TAKEN TO /t9t44/14,6144 - ftesi--,, SIGNATURE DATE / b 3r FOR OFFICIAL USE ONLY x PERMIT NO. - DATE ISSUED - MAP/PARCEL NO. ADDRESS . VILLAGE OWNER • DATE OF INSPECTION: FOUNDATION FRAME • .. INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL 1 PLUMBING: ROUGH FINAL GAS: ROUGH FINAL - FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. COMMONWEALTH OF MASSACHUSETTS ►*=*. _ / EXECUTIVE OFFICE OF ENVIRONMENTAL ." " • __ .,`=_5 DEPARTMENT OF ENVIRONMENTAL PRO I r( • 4t •i)y _;-jt J�11 f= a SOUTHEAST REGIONAL OFFICE \„1/ yy.>>>a 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 (508 JANE M.SWIFT BOB DURAND Governor Secretary LAUREN A.LISS Commissioner December 6, 2002 • Mr. Jack Hill, President RE: BARNSTABLE--BWSC/. LMillway Marina/ Millway Marina P. O'Boox 322 / M llway Road 1 I� Barnstable;Massachusetts 02630j RTNs 4=1-43—6-&-4-143 NON-SE-02-3A-041 NOTICE OF NONCOMPLIANCE Dear Mr.Hill: A review of records conducted by Massachusetts Department of Environmental Protection . (Department) personnel demonstrates that you are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. A Notice of Activity and Use Limitation (AUL), prepared by Ms. R. Kelly Maman, the former Licensed Site Professional (LSP) and recorded for the site in March 1999, did not contain an AUL Opinion prepared by a LSP, nor did it adequately define the boundaries of the restricted area. On March 14, 2002, the Department issued a Notice of Audit Findings (NOAF) that identified errors in the AUL filed in support of a Response Action Outcome (RAO) for the above-referenced site. The NOAF established an Interim Deadline of September 16, 2002 for submitting documentation of the required corrections accompanied by a Post-Audit Completion Statement. This is an enforceable Interim Deadline issued pursuant to M.G.L. c. 21E, 310 CMR 40.0167 and 310 CMR 40.1140. On October 16, 2002, the Department received an AUL Amendment for the site. The AUL Amendment was prepared by Environmental Impact Services, Inc. and signed by Mr. John Patterson, LSP #6625. However, the AUL Amendment did not correct any of the errors previously identified in the NOAF and was not prepared using the forms and instructions provided by the Department with the March 14, 2002 NOAF. Therefore, you are in violation of , the requirements of the MCP. This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep 0 Printed on Recycled Paper 253 Millway Road,Barnstable Page 2 Notice of Noncompliance RTNs 4-14016 &4-14345 The activities that are in noncompliance and the additional actions the Department wants you to take to come into compliance are described in the Notice of Noncompliance (Attachment A). The Notice of Noncompliance describes: (1) each activity identified during the audit which is in noncompliance, (2) the requirements violated, (3) the action the Department now wants you to take, and(4)the deadline for taking this action. If you fail to comply with this Notice an administrative penalty of$1,000 may be assessed for every day that you remain out of compliance. If you fail to come into compliance by the prescribed deadline, or if you otherwise fail to comply in the future with requirements applicable to you, you could be subject to legal action. Such action could include the assessment of civil administrative penalties, the commencement of a civil action in the court(s) of competent jurisdiction, or the commencement of a criminal prosecution in the court(s) of competent jurisdiction. Please contact Kathryn Carvalho at (508) 946-2742 if you have any questions concerning this notice. Sincerely, ceD,A,Gaa, Deborah A. Marshall, Chief Audit and Site Management Section DM/KC/rr CERTIFIED MAIL# 7001 0320 0001 4831 1326 RETURN RECEIPT REQUESTED Attachment A: Instructions for Implementing a Second Amendment and Ratification Attachment B: Second Amendment and Ratification Form a 253 Millway Road,Barnstable Page 3 Notice of Noncompliance RTNs 4-14016 &4-14345 cc: Board of Health Town Manager Town of Barnstable Town of Barnstable 367 Main Street 367 Main Street Hyannis, MA 02601 Hyannis,MA 02601 Zoning Code Enforcement Official Building Inspector Town of Barnstable Town of Barnstable 230 South Street 367 Main Street Hyannis, Massachusetts 02601 Hyannis,MA 02601 Mr. John Patterson, LSP#6625 DEP-BOSTON-BWSC. Continental Remedia:ion Systems, Inc. ATTN: Thomas Potter,Audit.Coordinator 310 Washington Street Suite 204 DEP-SERO Wellesley, MA 02481 DEP-SERO ATTN: Data Entry C&E NON 253 Millway Road,Barnstable Page 1 Notice of Noncompliance RTNs 4-14016 &4-14345 Attachment A NOTICE OF NONCOMPLIANCE NON-SE-02-3A-041 ,a t r, ENTITY IN NONCOMPLIANCE Millway Marina 253 Millway Road Barnstable, MA LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED Millway Marina 253 Millway Road Barnstable, MA DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED October 16, 2002—Date the Department received the AUL Amendment submittal DESCRIPTION OF NONCOMPLIANCE Violation of 310 CMR 40.0167 (1) — The Department may establish and enforce reasonable Interim Deadlines consistent with M.G.L. c. 21E and 310 CMR 40.0000 for the performance of response actions, and the furnishing of information and provision of access to documents and other information to DEP, including, but not limited to, deadlines for compliance with Requests for Information, applicable orders, permits and other requirements. In the NOAF dated March 14, 2002, the Department established an Interim Deadline of September 16, 2002 for providing documentation that the required corrections to the Notice of AUL have been performed. An AUL Amendment was received on October 16, 2002. This is a violation(Class II) of 310 CMR 40.0167. Violation of(1997) 310 CMR 40.1074(1)(b) -An Activity and Use Limitation (AUL) shall be ' submitted on a form prescribed by the Department and shall specify why the AUL is appropriate to achieve and/or maintain a condition of No Significant Risk, the site activities which are permitted,which activities are restricted and the obligations and conditions necessary to maintain the condition of No Significant Risk. In the NOAF dated March 14, 2002, the Department found that the Notice of AUL submitted for the site on March 1999 did not contain an AUL Opinion prepared by a Licensed Site Professional. An AUL Amendment submitted to the Department on October 16, 2002 did not contain an AUL Opinion. This is a violation (Class II) of 310 CMR 40.1074(1)(b). Violation of (1997) 310 CMR 310 CMR 40.1074(2)(a)2 — A Notice of AUL shall contain a metes and bounds description of the parcel of land which contains the area that is subject to the Notice of Activity and Use Limitation, and if the parcel of land is not registered land, a survey plan of such parcel prepared by a Massachusetts Registered Land Surveyor recorded with the appropriate Registry of Deeds. 253 Millway Road,Barnstable Page 2 Notice of Noncompliance RTNs 4-14016&4-14345 The original AUL recorded in March 1999 did not adequately defme the boundaries of the area restricted by the AUL. The AUL Amendment submitted to the Department on October 16, 2002 does not adequately define the boundaries of the AUL Area. Like the original submittal, the "Whereas" clauses in the form are not properly completed, resulting in lack of clarity as to whether all or part of the property is to be restricted. In addition, a metes and bounds description of the area subject to the AUL and a reference to a survey plan were not contained in the AUL Amendment. This is a violation(Class II) of 310 CMR 40.1074(2)(a)2. ACTIONS TO BE TAKEN AND DEADLINE Within sixty (60) days following receipt of this notice, you must implement a Second Amendment and Ratification of Notice of Activity and Use Limitation, using the form and instructions provided with the Notice of Audit Findings (NOAF). The corrective AUL must address the errors outlined in the March 14, 2002 NOAF. Alternatively, you may submit a new Response Action Outcome (RAO) Statement documenting the achievement of a ClassA-1, A-2 or B-1 RAO at the site (i.e., an RAO that does not rely on an AUL to maintain a level of No Significant Risk). Please indicate in writing within fourteen (14) days following receipt of this notice whether or not you intend to undertake the required actions. If you fail to correct the violations identified and provide documentation of such action to the Department, you may be subject to enforcement action by the Department. If the Department finds that the violations have not been corrected, then the Department may issue a Notice of Intent to Assess a Civil Administrative Penalty (PAN), administrative enforcement order, Notice of Responsibility (NOR), Notice of Intent to take Response Action (NORA), Administrative Consent Order (ACO), Unilateral Order, or seek a Judicial Judgment as appropriate. i r COMMONWEALTH OF MASSACHUSETTS l f -Q`` EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS (71 __ . t DEPARTMENT OF ENVIRONMENTAL PROTECTION `' ` L. i SOUTHEAST REGIONAL OFFICE - 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 JANE SWIFT BOB DURAND Governor Secretary LAUREN A. LISS Commissioner C 0 FY March 14, 2002 Mr. Jack Hill RE: BARNSTABLE--B`JJSC/ASM Millway Marina Millway Marina Post Office Box 322 253 Millway Road, bAkkIST &� Barnstable, Massachusetts 02630 RTNs 4-14016 & 4-14345 RAO SCREENING REVIEW SUMMARY OF AUL COMPLIANCE REVIEW/INTERIM DEADLINE AUL FIELD INSPECTION AUDIT FINDING Dear Mr. Hill: On May 19, 1999, the Massachusetts Department of Environmental Protection (the Department) received a Class A-3 Response Action Outcome (RAO) Statement and Activity and . Use Limitation_ (AUL) for the above-referenced site. On August 5, 1998, the Massachusetts Legislature enacted the `Brownfields Act" which called on the Department to conduct targeted audits of sites at which Activity and Use Limitations (AULs) have been implemented, in order to ensure that these sites meet the requirements of Massachusetts's laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts Contingency Plan (MCP). The Department's audit of this site consisted of an RAO screening review and an AUL Compliance Review. ,... RAO SCREENING REVIEW ' A Screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/dep/bwsc/audits.htm. Based on the screening review of the RAO, the . Department is not directing you to undertake further response actions at this time with regard to the RAO. Please note, however, that the review-conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the'RAO at any time in the future. It is possible that a future audit of the RAO, if one This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: http://www.mass.gov/dep Z0 Printed on Recycled Paper 253 Millway Road,Barnstable Page 2 RTNs 4-14016&4-14345 occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. - SUMMARY OF AUL COMPLIANCE REVIEW The Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL Notice instrument submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures referred to above, the Department has identified two errors in the AUL Notice instrument that require correction. Specifically: 1. The AUL does not include the AUL Opinion prepared by a Licensed Site Professional (LSP), or completed Form BWSC-114, both of which are required by the MCP. 2. The AUL does not adequately define the boundaries of the restricted area. The "Whereas" clauses in the current AUL are not properly completed, resulting in lack of clarity as to whether all or part of the property is to be restricted. In addition, the AUL does not contain either a legal description of the restricted area or a reference to a recorded survey plan. Finally, the AUL contains no sketch plan showing the boundaries of the disposal site in relation to the boundariesof the property. To correct this error, you must implement an Amendment and Ratification of the Notice of Activity and Use Limitation within 180 days of the date of your receipt of this letter. This is an enforceable Interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. Please note that this deadline relates only to AUL corrections. As part of the corrective process, an on-the-ground instrument survey of the restricted area, performed by a Massachusetts Registered Land Surveyor, must be performed and recorded in a Plan Book at the appropriate Registry of Deeds. A metes and bounds description of the AUL area, which is a narrative description of the boundaries of the restricted area derived from the instrument survey, and a new AUL Opinion, submitted using BWSC Form 114S (Attachment A), prepared by a Licensed Site Professional, must also be attached to the Amendment. In addition, a legal notice regarding the original AUL and the AUL Amendment must be published in the local newspaper, and a copy of the notice must be submitted to the Department. The Department has prepared forms and detailed instructions for implementing the required AUL corrections (Attachment B). Alternatively, you may submit a new RAO Statement within 180 days of the date of this letter, documenting the achievement of a Class A-1, A-2 or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). Copies of the forms and instructions are attached (Attachment B), and are available on the Department's AUL Audit Project web page, http://www.state.ma.us/dep/bwsc/files/audits /aulfix.htm. 253 Millway Road,Barnstable Page 3 RTNs 4-14016&4-14345 If you, and/or the LSPlattorney preparing your AUL corrections, would like assistance in implementing the Amendment of the AUL, please call Kathryn Carvalho at (508) 946-2742 to schedule the meeting. The Department is also offering several training workshops in the next few months. The Department recommends that you, and/or the LSP/attorney preparing your AUL corrections, attend one of these workshops if you have questions on how to proceed. The training schedule is available on the Department's AUL Audit Project web page. You may also obtain a schedule and/or register for the workshops by contacting Thomas Potter, the Department's Statewide Audit Coordinator, at (617)292-5628. AUL FIELD INSPECTION AUDIT FINDING On March 5, 2002, the Department conducted an AUL Field Inspection at the location identified above to observe conditions related to an area subject to a Notice of Activity and Use Limitation. In particular, the AUL field inspection focused on activities and uses consistent with the terms and conditions of the AUL and whether obligations and conditions required to maintain a condition of No Significant Risk were being met. According to the RAO, the AUL restricts the entire property. The property is currently operating as a marina and a repair facility for boat motors. The AUL states that paved surfaces must be maintained at the property on all areas not located under the building and that any excavation activities must be performed in compliance with the Massachusetts Contingency Plan (MCP). The paved surface was maintained at the site in areas not covered.by buildings, with the exception of the embankments leading down to the Marasapin River. According to discussions with property owners, no recent excavation has occurred at the property. The Department did not identify any violations of the requirements applicable to the AUL at the site. POST AUDIT COMPLETION STATEMENT REQUIRED When AUL Errors are corrected, you should submit a Post-Audit Completion Statement to the Department in accordance with 310 CMR 40.1170. A copy of the Post-Audit Completion Statement form established by the Department (BWSC-111) is attached (Attachment C), and. should be sent to Kathryn Carvalho's attention at the letterhead address when completed. LICENSED SITE PROFESSIONAL A copy of this Notice has been sent to Ms. R. Kelly Maman, the LSP who prepared the AUL and RAO for the site. Please be advised that Ms. Maman's license has been indefinitely suspended and, as a result, she is no longer a LSP. You must engage the services of a LSP in order to correct the identified AUL errors at the site. However, please note that you, not your LSP, are responsible for correcting any identified violations and/or errors. 253 Millway Road,Barnstable Page 4 RTNs 4-14016&4-14345 LIMITATIONS AND RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a comprehensive audit,and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit; if one occurs, may identify violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c.21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Department retains authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform, any response action authorized by M.G.L. c.21E that the Department deems necessary to protect health, safety,public welfare, or the environment. If you have any questions regarding this letter, please contact Kathryn Carvalho at (508) 946- 2742. Please reference Release Tracking Numbers 4-14016 & 4-14345 in any future correspondence to the Department regarding the site. The Department appreciates your cooperation in this matter. Sincerely, // Deborah A. Marshall,Acting Chief Audit& Site Management Section M/KC/ka CERTIFIED MAIL# 7001 0320 0001 4830 7640 RETURN RECEIPT REQUESTED - Attachments: A: Activity and Use Limitation Opinion Form (BWSC-114S) B: Amendment of Notice of Activity and Use Limitation and Instructions C: Post-Audit Completion Statement(BWSC-111) 253 Millway Road,Barnstable Page 5 RTNs 4-14016&4-14345 cc: Board of Health Town Manager Town of Barnstable Town of Barnstable 367 Main Street 367 Main Street Hyannis, Massachusetts 02601 Hyannis, Massachusetts 02601 Zoning Code Enforcement Official Building Inspector Town of Barnstable Town of Barnstable 230 South Street 367 Main Street Hyannis, Massachusetts 02601 Hyannis, Massachusetts 02601 R. Kelly Maman DEP-BOSTON/BWSC Environmental Impact Services ATTN: Thomas Potter,Audit Coordinator 175 Waverly Ave Newton, Massachusetts 02458-2418 DEP-SERO ATTN: Data Entry RAO/TSAUD AUL/TSAUD AUDTEC INTLET (AUL) AUL SNAUDI E 3 \ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION k M�ap, ap Parcel O 4 PJ' _ Permit# -D W Sa w—a i1�c Health-Division '1 FO S t Date Issued e> (-00 Conservation Division Fee ecd \(�.o��) Tax Collector` ,"I i-4,------- Treasurer J. \Q2 Planning Dept. • 0 ) Date Definitive Plan Approved b lanning Board Historic-OKH K0' Preservation/Hyannis Project Street Address 3 r/A2.MA ' Village t3ftuu$M(544-. • Owner TY1 a.GO 6441 bv1.4 {Ive4 4 N c , Address W1 C to GO iAie,s4S"1'A-13 t,P U;&Al, Telephone. ,2 !-167o Permit Request /-,P2_14 c F w iti s LA_ v-et i �vtcl /JDo rv54i-g Square feet: 1st floor: existing ' proposed 2nd floor: existing proposed Total new • Estimated Project Cost ,000 Zoning District Flood Plain Groundwater Overlay Construction Type WOO D/S/7 W rt/5 Lot Size / . 6 , , Grandfathered: ❑Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure • • Historic House: 0 Yes ❑No On Old King's Highway: ErYes ❑No Basement Type: ❑Full ❑Crawl 0 Walkout ❑Other 6404.6 Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) _ Number of Baths: Full: existing new Half: existing 2---, new Number of Bedrooms: existing O new Total Room Count(not including baths): existing / new First Floor Room Count Heat Type and Fuel: Li Gas ❑Oil & lectric ❑Other Central Air: ❑Yes law Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:0 existing ❑new size Pool:0 existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ .Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use TWCiri T via; lc Proposed Use S'r �. BUILDER INFORMATION Name 6,*,10r E1-L[.C_ Telephone Number Address l 1( &CS- 1/V144vJ Sfi License# G S • T3-79 56/fr 0144 Home Improvement Contractor# / a- 9-- 7,1—/ O - ' ? Worker's Compensation# W C.l — 3/S 8/ 09 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO )945$ ay-1—ET(? @C7• SIGNATUR DATE / 3 06 • FOR OFFICIAL USE ONLY • t j . °'PERMIT NO.= �: 1 i DATE'I SUED 'T S - MAP/PARCEL NO. • • t ADDRESS �'' ,. VILLAGE OWNER �; •, DATE OF INSPECTION: ' FOUNDATION • FRAME _ INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL • PLUMBING: ROUGH FINAL ` • GAS: ROUGH FINAL , FINAL BUILDING r . DATE CLOSED OUT - , ASSOCIATION PLAN NO. . r �,, Town of Barnstable -Planning Department s __ Old Ring's Highway Historic District Committee 6,¢ QO MI•�� MEMORANDUM TO: Building Commissioner FROM: Gwendolyn Brown, OKH Secretary DATE: March30, 2000 SUBJ: Modification to Prior Approved Plan A minor modification has been approved by the OKH Committee to a prior approved plan for the applicant (s) named below. The modification is briefly summarized and I have attached backup material for your records . Applicant (s) Mill Way Marine, Inc.-, (George Hill; Paul Anderson, Agent) Address of proposed Work 253 Mill Way Barnstable, MA Assessor' s Map & Parcel# 300-026 Meeting Date Approved by OKH Minor Modification To replace existing:windows with the same new windows of the same design and size.and to replace existing weathered'_Grayshingles-sidewall.with new Brown shingles for sidewall. ifiree6 * Chairma March 29, 2000 Date If you should have any questions, please do not hesitate to contact me at ext . 862-4684 . MEMOBC Ir JUN 27 '91 09:50 BARNSTABLE FIRE DEPT P.2 ( BARNS!ABLE FIRE DEPAR Tr1ENT TELE_P1'1ONE CUUVER5t1 Ti OH RECORD _ _... - . .. DATE OF CALL :_ /..-1.„..6_ CALL 3 CA CEI VF_D - I `CAL L ER=---..,,_._._._-....__ - / CALL Nr1DE TO __,,,__..,......... , --,-.. 4._.-.. - z _/y'..,, ,,r . . _ . ._ ... ,, . CON VERSFITZ(JN_ 4-5;241.Le.r_ L,t1-2/,,21/ /9(.... Z-gzeti LS/ 6";;;',..._s-Lt,-,_ .1:51,1' At.,,,,Zezt.,...A3 1WHz4-.,?-7.4j4i0-..;-;.?_'::::i,A:ree-el::://51-_,e. _1.124Z-74-'---7— -.71AETZL::ell A';24---z-Z .)____---______ A. . ('-',,,,,,e?/7 . . .42.,z,z/c/x1;_ ,4,,,izal:"Zi...., cV ife .2e/h6:7 ,z.---/,....,/ett -ee-,41.- . -7/fralk.-----e-(06-4--1------ -76-0- d a ey—e-d a _ /1e- /4.../. .e67c- 4../.....4,....,.....' ,,-... -1," :7/4 4.4,.. ;z .g....,/ ._.g..c__ =2---- ..e.-:e-, -4,1,.,,,,,s- ei../...__A1;74:..._.0 J'/ Zfe.'4_,ik. -......--....3?_^._—_ -e-Y9.07„.. - f . .Z.- )411 4. 4(.:_ .0(..e a 7 le v... ,._ . ,,/4',.. .i:-SZ._ ,6'e_u_e__—___ ,-- , ........_.. //// // �r /'" a ,/. .� __.._ ..,10).i i, ''c7ae,/ /77:44.7/..... ily,0.4 Ze-c_e./,:e27. __,,.__ _____ ........... SIGNATU1x E._._ ... . 'l 4 L A=300-026 JOSEPH D. DALUz xxi it M�F1Vl1 KXiltlB +' Building Commissioner XXXXAI{ x7QO7 TELEPHONE 508-790-6227 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 21, 1991 Millway Marina, Inc. Millway Barnstable, MA 02630 RE: . A=300-026 253 Millway Road, Barnstable Gentlemen: A recent inspection of your building located at 253 Millway Road, Barnstable, revealed that the building is currently being used for business and residential purposes. In accordance with the Massachusetts State Building Code the business/residential use must be separated by a two (2) hour separation. The residential area must comply with the requirements of the 2100. section of the Massachusetts Building Code. Very truly yours, 444412 -4E Alfred E. artin Building Inspector AEM/gr cc: Barnstable Fire Department , 411-11iPt_ i 10, ' iv\ A [ 8 ,p INC. P.O. Box 322 Barnstable, MA 02630 508-362-4904 Town Of Barnstable Building Inspectors Office Town Office Building Hyannis , Ma. 02601 Dear Mr. Martin, Please be advised that I have notified my tenant that she will have to vacate the apartment that she is presently occupying by July 22, 1991 , which represents a Thirty ( 30) day notice from the date I received your letter. I thank you in advance for your cooperation. Sin er-- y, / ,,, — 1 Bradf. -: St, Coeur _ - eral Manager BSTC/bs C F7NETo °i'�WN OF 1z ,I A1�NSTA It if,E yZ • Office of the Building Inspector . 0 rmri February tit 14, 1986 Date Fee $100.00 Permit No. 148 PERMIT TO ERECT SIGN IS HEREBY GRANTED TO Millway Marine D/B/A Hyannis Whale Watcher Cruises LOCATION Millway Barnstable ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION OF THIS PERMIT Building Inspector / , TOWN OF BARNSTABLE • �, L BUILDING DEPARTMENT Wart 1 TOWN OFFICE BUILDING '4 11: `4 HYANNIS, MASS. 02601 . �e art a. • ,1,3 l y APPLICATION FOR SIGN PERMIT DATE °J (U Application is hereby made for a sign permit in accordance with the description and for the purposes hereinafter set forth. This application is made subject to• all Rules and Regulations of the Town of Barnstable .now in force or that•may hereafter be enacted affecting or regulating thereto and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition entering into the exercise of this permit. INSTRUCTIONS • 1.' This application must be filled out completely. 2. A.drawing, in duplicate, showing the shape and dimensions of the sign, lettering on same, height, method of securing to building, or if freestanding, method of erection. Drawing must show sizes of structural supports, and size and depth of foundation. • - - - - SIGN LOCATION • )caner- ,"►i f l-1 .0 -' -1 n II , Street- Rd. Pr I LW ZoningDistrict rn S I-e & /- A- Fire District &ixn•S ,J`--� , . vrz Ci 3o -- OWNER OF PROPERTY. Name ,�-(+ Q/LC, A/- M A�1 Q(e�-�Lt 2 1 Address • UJA- P D. g x .J/ U / 1 • City / m5' -h St .M 4- Zip v a ll�3U Tel No.( 6/7) 3L� l A Area Code SIGN CONTRACTO . Name 0-e ! - Address • City St. Zip Tel No.( ) - Area Code • Type of Construction Free Standing or Attached • DESCRIPTION DIAGRAM OF LOT SHOWING LOCATION OF BUILDINGS AND EXISTING SIGNS WITH DIMENSIONS LOCATION AND SIZE OF THE NEW SIGN TO BE DRAWN ON THE REVERSE SIDE OF THIS APPLICATION. • Is there any electrical wiring required for this sign? Yes No g ' If "Yes," who rs the electrical contractor ? Area /0 Q r FOR OFFICE USE ONLY 6 6 6-1DEPT. ROUTE DATE DATE DATE Permit Fee RECEIVED APPROVED REJECTED INITIALS • PLANNING �; Z Mail permit to: • & ZONING Li` _ !/j _ , ..)g JOflOWh MJ g - ELECTRICAL/lj D 0x 31 r, INSPECTOR 1 BUILDING ; .rn5-6126L MA-- Ga,(o31 - INSPECTION ' I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information giv4n is correct and that the use and construction shall conform to oil the Rules and Regulations of the 'Town of Barnstoble which are imposed on the propert . l • 71.6--iip gA4_2- Phone Signature of s'g owner/authorized agent - • Hyannis Wharle0Wetchey. 4,,Cffaillget0 Rte. 132,Hyannis,MA 02601/617-775-1622 PROPOSED SIGNS FOR MILLWAY MARINE & HYANNIS WHALE WATCHER CRUISES MEASUREMENTS LOCATION DESCRIPTION COLOR ( 1J 44" X 2' 7.aa=�` Side of Marine store facing Hyannis Whale Watcher Blue/White IIJJ parking lot Cruises-Entrance 0 3' X 2' G aRoad sign -fir Millway Marine Brown/Gold Phone # leaf lettering 36" X 24" G Front of Marine store A Ticket Office Blue/White ii) 10" X 2' `•GCG $ Front of Marine store 4 Ship Store Black/White © 4' X 12" ti a Road sign attached to Hyannis Whale Watcher Blue/White existing Millway Marine sign Cruises (arrow) ei Q6 4' X 6' .14 Front of Marine store Hyannis Whale Watcher Blue/White Cruises w/phone # d IS • 7. 4' X 6' 0 ' On Building facing water Hyannis Whale Watcher Blue/white (Parts & Service Build.) Cruises w/phone # 11 4' X 6' X 4 S Front of Marine store k Millway Marine-Johnson facing parking lot Black/White . 4 Z' X 2 z' I/.2 Q. Inside parking lot Hyannis Whale Watcher Green/White (sandwich sign) Cruises Tickets & Information (with directional arrow) C.LrFK WN OF . BARNSTABLE J111_ 18 AM11 11 Zoning Board of Appeals (114\\-10 Harbor Lands Trust ._._.......__....____._... ___..___._....... ..._.._ Deed duly recorded in the, _ • Property Owner County Registry of Deeds in Book Same as above • Page Registry Petitioner District of the Land Court Certificate No. Page Appeal Ng. .__._1983-41 _._ __June 14 19.83 FACTS and DECISION Petitioner __ .__Harbor Lands Trust filed petition on May 10 _ 19 83 requesting a variance-permit for premises at-Mir ay Road'"\ _, in the village (Street) of *--Baun5t?bie _.:. _............_....__ _ _., adjoining premises of _ (see attached list) Locus under consideration: Barnstable Assessor's Map no. _...__301 __... lot no. 64 Petition for Special Permit: •[ Application for Variance: ] made under Sec. P. A. (4 & 6) of the Town of Barnstable Zoning by-laws and Sec. _._ 9 of ..... _._.. Chapter 40A., Mass. Gen. Laws for the purpose of Change from one apaartment and four offices to one apartment _and twelve offices in existing building. Locus is presently zoned in.... Marine Business B. µ ___M__ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at ___ 30_, ..) P.M. ___ __June_ 2 1983 upon said petition under zoning by-laws. Present at the hearing were the following members: Luke P. Lally ____� Richard L. Boy Frank P. Congdon Chairman /f pie conclusion of the hearing, the Board took said petition under advisement. A view of the as made by the Board. ,peal No. 1983-41 2 2 Page — of _ On June 16 19 83__._, The Board of Appeals found Attorney Jonathan Klein represented the petitioner who seeks a change of use by special permit to allow one apartment and twelve small offices at Millway, Barnstable Village harbor, in the •building owned by Dean Lawrence. Presently existing is one apartment and five offices. A history of previous uses at the site was explained and originally the building was used for fish storage and has been upgraded by the present owner, Dean Lawrence. If the special permit is allowed, there. would be no change in the exterior of the building and the inside space would remain the same except for the addition of interior walls for the smaller offices. No additional parking would be required since the change from five offices to twelve offices would involve fewer clerical employees. Large offices have more support staff than smaller offices and each of the twelve offices would contain approximately 600 sq. ft. of space. .A detailed parking plan will be submitted. Dean Lawrence spoke and said that in his experience an office containing 1200 sq. ft. of space has a clerical staff of eight to nine persons along with the principals. An office of 600 sq. ft. usually has the principal and a secretary only for a total of two persons. Mr. Lawrence said the building would be connected to town sewer and this would be an acceptable restriction if the special permit is allowed. The use would not be detrimental to the neighborhood nor in derogation of the spirit and intent of the zoning by-laws. No one spoke in favor of or in objection to the petition and the Board took the matter under advisement. The Board found that a change from five offices to twelve offices with the one apartment remaining at Dean Lawrence's building, Millway, Barnstable Harbor, with no increase in the size of the building but a re-arrangement of the interior, would not be detrimental to the neighborhood nor in derogation of the spirit and intent of the zoning by-laws and voted unanimously to grant the petitioner a special permit. The petitioner shall tie into town sewer prior to the conversion of the building into the twelve offices and one apartment. I, ._.._.._._, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this __.___._._ day of _.._�_......._........_._...___ 19 _____ under the pains and penalties of perjury. Distribution:— Property Owner Town Clerk A .TRUE COPY ATtnt Board of Appeals Applicant J Town of Barnstable Persons interested 4) C4 �.- Building Inspector Public Information towtf Clem' By , Board of Appeals Chair an ` J - - f�/way Road ) . , , ---- IT--� -` \\\\\ BOX 605BARNSTA& Ma(LA(Lama) 026 02630 0 TONN OF BARNSTABLE N � � 367 MAIN STREET e, -.13 '- •` 0 I NYANNIS MA 02601 .' _' ,P IP 48 TOTAL SPACES13 g0A .1 44-2*. ���. ,;� �� p15p1.P� i�s��.:`�?�. s ' ` to •1 .�:f iti, 161. TOTAL SPACES 11. 9 �_��?��' ,AbtA. ri� t N ...cs�:r� ,`.'.• i. -. i % N2LNAr. r .. It // MM/NA/NC \\%r': o\.IPi��� 1. ,` ASsESsORS NAP J00 iIf� l7 "�I ..) PARCEL 16 ��= '* O 17y)��e_ems.yy.{j l.% • ' \4�• —^� TOM BARNSTABLE ' I ` �. ��1�✓-i✓P. EET NYANN/S M367 MAIN AR02601 1 w:t ie ate;. • —Th �' . �, Ii lok :�,jai i4L14,---:' ; \ \ \ r ti. \7....t.., ,..„,...,-..- _.. MILL WAY REALTY TRUST C'( ::?).Z.------- /�•41, �- Y Y y; pnn9°` HENRY Y RE L RAYMOVD MURPHY - - 6.) CO: ,44, y0n �\\ , %' �•' " ® (_ MASS C0VMDNNE4L7N Pa Box 646 I.�l , p D�-( 11 $ OF DEPT O'' BARNSTABLE MA 02630 +,�! w \ J 8 EX\$t�n9 SS\\p$ a� �O r ENNROMENTAL MOJT ASSESSORS MAP 301 PARCELS 63-1 1/ • 1' 3 Z prop _\ BO 773N,CAMBRIDGE022TREET 63 2 ,'1 \ w Nes° '� 9 rr�Oto\ S\ips BOSTON;NA 02202 1'.' X of o11 t ��. R^'tpdM9s) �tQg . l 31 11 I �x`st��ea S\�P ' •. • _, 0 PARKING LOT AND L1!b•i hr Q<°Q°$ "'a j \ • 5 , \ s��CQ BOAT SLIP PLAN � � R.E.V.REALTY TRUST tOt0� 5�`p$ _iiii , , ,vz/ pk 1 CReNATAXE,EmSF N/RFC NO�f`pn$eg pV<or� • a� MALNAY ROAD IN BARNSTABI{MA 02630 !d • 0 0 Is AS PARCEL 7AP 301 BARNSTABLE, MA °• 10 PREPARED FOR =il, �, � iglielleal Cam„ / pt7000000 / MILLWAY MARIN \,.� b MATTAKEESE WHARF .••• e - �tifi RESTAURANT ,» °. •t - ...o. _ .016%.5 o� & HENRY BLAIR ,�i ,�� 9 DATE: JANUARY 3 :vim —� =�9 1 2006 REVISED: AUGUST 30, 2006 (ADD HCP) L'��a of Miss ic,., \v,• _6 O 8 , o ARNE �G 7N . g H. , 20 Existing Slipi / MILLWAY MARINA PARKING SUMMARY off 508-362-4541 ' ` (None Proposed) fax 508 362-9880 0 / : =�9 4 EMPLOYEES 0 1 SPACE PER =4 SPACES 0 8 • '9 I `i / /V2 BOAT SALES CUSTOMERS down cape engineering, inc. ' '`, �FES�. 9 $ .,� o� ® 1 SPACE PER = 2 SPACES C/ L ENGINEERS \SURVS� ::='^ • 50' �� 37 SUPS 0 .33 SPACE PER = 12 SPACES LAND SURVEYORS ^. ..1,-- 0 TOTAL SPACES REQUIRED = 18 SPACES 939 Main Street . — YARMOUTHPORT, MASS. % yam :1 �E :'.::a � TOTAL SPACES PROVIDED = 23 SPACES SHOWN DCE #02-307 25 50 75 100 125 FEET INCLUDING.2 HANDICAP SPACES 02-307 PARKING CONCEPT.DWG Daniel J.Fern Richard C.Anderson Robert J.Donahue Stephen C.Jones Charles M.Sabatt FERN.ANDERSON,DONAHUE,JONES &5ABATT,P-A. ATTORNEYS AT LAW P.•.Box 5ia 436 Main Street Hyannis.Massachusetts aSBOl Area Code si?775-565S July 21,1982 Joseph D,Daluz,Building Inspector Town of Barnstable Town Hall Hyannis,Massachusetts 02601 Dear Mr.Daluz: In response to your letter of July 9,1982,it is my position that the laundry facilities at Millway Marine are a valid accessory use and/or a customary incidental use to the operation conducted at Millway Marine. First,under Section H of the Zoning By-laws,accessory uses on the same lot are permitted,provided the principal use is a permitted use.Since it is unquestioned that the principal use at Millway is permitted,then the issue becomes whether the laundry operation is an accessory use to a marina. It is submitted that the laundry is no different than the ice,gasoline and sodas sold at the marine.The by-law does not specifically list these activities,but they are certainly permitted in a marina.One would be hard pressed to argue that the offering of laundry facilities to boaters is not a typical service provided by a marina.Throughout the word,marinas offer laundry facilities,wash facilities, and even showers for yachtsmen.The Zoning By-law was not intended to set forth every activity permitted in a Marine Business District.It is no different than the East Bay case in which the Court held that tennis courts were accessory uses to the lodge.The statute did not list tennis as a permitted use,but,since many hotels offered these facilities, the Court found them to be accessory to the permitted use. Even if Section H does not apply,the law generally permits any use which is customarily incidental to a permitted use. It is submitted that this use is customarily incidental to the permitted use and therefore allowed. With respect to your question regarding controlling the services,you will note that the yard is completely fenced in and locked when the marina is not in operation.It will not be a laundromat open into the night.On the contrary, it will be open only when the marina is open.There will be no advertising in the local media,so only the people using Page 2 Joseph D.Daluz,Building Inspector July 21,1982 the facilities at Millway would have been aware of its existence absent the current flak. It is a very small operation,added only to upgrade the facilities provided to those using Barnstable Harbor. With respect to the issue regarding the Historic District,when we purchased the property,raw sewage was being pumped into Barnstable Harbor and the holder of the first mortgage was threatening foreclosure because the building was in such a state of disrepair.We immediately connected to the Town sewer and began upgrading the property We did work similar to that done by others in the area recently,and I could discover no approval from the Historic District for this work.As you know,have filed anapplicationregardingtheworkdone,s.o^£rhst that matter is closed.j - /\ Very tiruly yours. Stephen SCJ/nef JOSERH D. DALUZ TELEPHONEi 778.1180 Building Commistientr EXT.107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS,MASS.02601 August 24,1982 Mr..Robert Welch Hyannis Regency Route 132 Hyaimis,MA 02601 RE:Bams table Marina Laundromat Dear Mr.Welch: Recently you and I discussed the laundromat at Bamstable Harbor as. to signage and the.operation.In order to avoid any controversy please,be advised of the requirements of this office to insure the "accessory use" of this operation. This laundromat can only be open for business during the business hours of the Marina.This,of course,means that it will close at the end of the boating season. The sign above the door must be ranoved.Only .a small signwill be permitted on the building or in the window.The "laundromat"sign on the street must also be ronoved. I would like to emphasize the fact that the laundromat is only .an accessory use.Therefore it is imperative that you police the operation and not permit commercialization.Failure to do so will cause this office to take the necessary action to enforce the Town of Bamstable Zoning By" law. Thank you for your cooperation. JDD/gr cc:Town Counsel Board of .Selectmen Mr,Richard Marchand Peace, Joseph iuilding Commissioner July 9,1982 Mr,Stephen Jones Fern,Anderson,Donahue,Jones &Sabatt 436 Main Street Hyarmis,MA 02601 Re:Mill\i«ay hkrina Laundromat Dear Mr.Jones: attention has been alerted to a new laundromat at the Millway Marina in Bams table.There are no provisions in tide Town of Bams table Zoning by-law to permit such a venture in a Marine Business A district. If,hcwever,you are suggesting Section H,ACCESSORY USES,I would need further documentation to ascertqin the vilidity of such a use and how it is to be implemented and controlled, I have also been infomffid that the exterior of the building has been architecturally changed xd.thout the approval of the Old King's Higjr- way Regional Historic Committee. Your immed^te reply is requested in order to address the question of zoning and violation of the Old King's Highway Historic Act, Peace, JDD/gr cc:Town Counsel HDC Joseph D. DaLuz Building Coranissioner IHMBO./<V U&V Afv^ No OFFICE OF THE BOARD OF HEALTH OF THE TOWN OF BARNSTABLE,MASS. SEWAGE DISPOSAL PERMIT Permission is granted t^T^TiMjOihcK U to construct SketchUponthePremisesof In the village of Hi I fhimi -if)(iSo-. 100 or moff feet from any source of water 20 feet from building 10 feet from property line a supply Health Officer.^Of 19 BABBSTA£L /^fy TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO TYPE OF CONSTRUCTION a--.19.7^ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for o permit according to the following Information: Location .. Proposed Use Zoning District ...Q::i Fire District j... X/v. Nome of Owner Nome of Builder Name of Architect ...X AddrSS Number of Rooms Foundation Fire District Exterior Roofing Floors Interior I 'vJL^ddress ingHeatingPlumbing FlVeplace Approximate Cost DIfinltlve Plan Approved by Planning Board 19 Diagram of Lot an^^ullding with Dimensions _ //^A / I hereby agree to conform to all the Rules and Regulations of thejawn of Barnstable regarding the above construction. Caa oo Millway,Inc. 0^ No Permit for Plot Lot DEC 3 1 1970 remodel (f commercial building Locati^'^f..Bli™y .2 Barnstable Owner Type of Construction Permit Granted 19 7° Dote of Inspection 19 Dote Completed 19 PERMIT REFUSED 19 Approved 19