HomeMy WebLinkAbout0317 FALMOUTH ROAD/RTE 28 (2) 311 - -
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The Town of Barnstable
I Department of Health Safety and Environmental Services
Building Division
owe 367 Main Street,Hyannis MA 02601
Office; 508-862.4038 Ralph Crossen
Fax: 508.790-6230 Building Commissioner
March 30, 1999
Attorney Patrick Butler
Nutter, McClennen& Fish
Route 132- 1513 Iyannough Road
PO Box 1630
Hyannis, MA 02601
Re: SPR-020-99 Christy's Market/Dunkin Donuts, 317 Falmouth Road, HY (292/005)
Proposal: The Applicant proposes a self-service fuel station,convenience
store and fast food restaurant with drive thru window,
Dear Mr. Butler,
The above referenced proposal eras reviewed at the Site Plan Review Meeting of March 25, 1999
and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance.
This site is located within the HB Business Zoning District and therefore requires action by the
Zoning Board of Appeals.
Please note a Building Permit is necessary prior to any construction. Upon completion of all
work,a letter of certification is required by Section 4-7.8 (7) of the'Town of Barnstable Zoning
Ordinance must be submitted. Also,all signage must be discussed with Gloria Urenas of this
Division.
Respectfully,
Ralph Crossen
Building Commissioner
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SPR Meetlns Notes 031"/"
Site Plan Review Meetingw of Marsh 4, 1999
Hearing Roorn,lnd Boor
Barnstable Town Hall
367 Maio Street, Hyannis
Present: Ralph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer. Alan
Twarog, Associate Planner, Lt. Martin MacNeely, COMM, Thomas McKean,
Health Division Director,Captain Glenn Coffin, Barnstable Fire Dept,, Lt. Donald
Chase, Hyannis Fire Dept., and Anna Brigham, Site Plan Review Coordinator,
Also in attendance were: Attorney Patrick Butler, Christy Mihous and David
Thulin, for Christy's of Cape Cod and Christy's/ Dunkin Donuts proposals.
Attorney Patrick Butler for Renaissance Place, Attorney Patrick Butler and Jim
Dolan for Infinium, Roger Roberts for Mid-Cape Septic, Steven Shuman for
Hubbard paint & Supply, Attorney Michael For and Joe Lawrey for Cape Cod
Mall Parking.
Meeting was called to order of 9:00 AM. Adjourned at 11:35 AM.
SPR-099-95 Cbrbty's of Cape Cod,28 & 36 Wequaquet Lane, CENT.
(250/024,023 H00,023 T00)
1086& 1072 Falmouth Rd/Rt, 28,HY, (250/027 TOO, 027 H00)
Proposal: Applicant proposes to raze and remove existing house, storage
shed,garage,and abandoned greenhouse, together with stockpiled materials
currently on site. Applicant intends to construct a convenience market and
self serve gasoline facility and to reconfigure and re-landscape site, Attorney
Butler reviewed the history of the project. Question is whether the
underground tank triggers Board of health review. Discussed the movement
of the AP/GP line. Attorney Butler has met with the Town Attorney to
discuss issues, Attorney Butler presented Chapter I 1 i Section 127P or Public
Health Regs, Attorneys are in agreement as far as the fact that the use is
protected. But the Attorneys disagree regarding the Board of Health regs and
their jurisdiction. Attorney Butler will request a continuation of this hearing.
Applicant may relocate the tanks or place them above ground.
• Building Commissioner addressed the shifting of the groundwater litre,
Addressed tanks above ground which apparently are not a violation of Health
regulations,
• COMM stated CMR does allow above ground tanks,
• Plaming had no comments.
• Health stated the Applicant meets the 330 rule.
• Engineering had no comments,
• CONTINUED
SPR-020-99 Christy's Market/iDuak a Donuts,317 Falmouth Road, NY (2921005
• Proposal: The Applicant proposes a seMserviee fuel station,convenience
store and fast food restaurant with drive duu window. Property is located at
the comer of Bearses Way and Route 28. Originally developed by 7-
11.1985 Special Permit(located in the RB District). A convenience store was
th a
allowed in that Special Permit decision, Christy's seeking to upgrade the site.
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Pit Meeting Notes 03/"/"
Lot is 75,000 square feet. Building is 3,200 square feet. Will seek 25 seats in
Dunkin Donuts. Located within the AP-zone. Canopy-and building will be
5,320 square feet. Landscaping plan will be submitted. Structure will be
colonial. Attorney Butler will submit elevations and design plans. Addressed
staffIcomments. Will address traffic issues with the,Applicant's traffic
engineer. Will attempt to eliminate the Bearses Way curbcut, but must first
see the results of the traffic information. Cannot close the Route 28 easterly
entrance. It would be problematic since this is the major entrance to the site.
Project will connect to sewer when available. Will coordinate construction of
the sidewalk with other projects. Will provide granite curbing. The
southeastern area will necessitate filing with Conservation Commission. This
area of disturbance is within 100 feet of wetlands. There are no residences
abutting this property. Attorney Butler will provide lighting specs. Proiect
must go to Zoning Board of Appeals for approval. Attorney Butler addressed
convenience store across the street. This proposal will be more of a quick
donut and coffee stop. Hours will be 6 AM to midnight. Will provide a menu
to the staff. there will be no on-site preparation of food.
• Mr. Thulin described site improvements for better traffic now. Will have a
drive-up window. Parking meets requirements. Described the parking
location to the Mar of the site. Proposal will meet Title 5 requirements now,
but will connect to sewer when available(18 moths est.). Septic system
would be closed at the time of connection to sewer. Addressed drainage on
site. Plan shows duimpster and Hp parking space details,
• Hyannis Fire addressed the fuel dispensers. There will be no change,
Discussed controls.
• Planning addressed signage which should be relocated onto Applicants
Property. Requested review of landscaping plan prior to Zoning Board of.
Appeals Hearing. Discussed 10 foot greenstrip. Attorney Butler does not see
a problem.
0 Health stated there may be a conflict between drainage and septic setback
requirements. Addressed food prep. Plan shows greasetrap.
• Engineering addressed curbeuts and traffic flow. Curbcuts are within the State
road layout which will require approval. Addressed test pits.
• Building Commissioner addressed jog in the property line in eastern section.
Mr. Thulin stated there is a pole there. Attorney Butler will work out_property
issues. Addressed drainage within the State road layout. Mr. Thulin does not
know when it leads but will investigate. Discussed Conservation jurisdiction.
Lighting plan will be provided, Addressed the traffic flow through the site
into/out of site from Route 28 going west. Building Commissioner states the
site is large and believes there is room to maneuver. Addressed sewer
construction and timing of proposal. Might be good timing.
• CONT[NURD 2 weeks
SPR-022-49 Renabsance Place,22 Attucks Lane, Barnstable (295/018.1502 &018.H02
• Proposal: The Applicant proposes to construct a one-story professional
)
building of 14,828 of with assoeiated parking, landscaping and related site
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2000 11 : 31 AM NUTTER, M1.CLENNEN 1,10, ?1 6:i F.
SPR Mmlog Now 07ADrN9
improvements, Attorney Butler stated this will be a Cape Cod Commissioner
referral. Office building will be Class A. Pmxinitity to airport is critical,
Attorney Butler will file under section 12K under Cape Cod Commission reg s.
Believes there are no significant impacts outside area, Located within the
1ND district. This is an allowed use. will ask for Joint Review with the
Town. Connected to sewer. Will have 4 suites. 54 provided parking spaces,
Site coverage is 45%, Discussed Aviation easements (height restriction) from
airport. Building will be l story. Located in a growth center as per the Local
Comprehensive Plana. Will provide the staff with a landscaping plan.
• Barnstable Fire concerned with space behind building. .Will be looking more;
morn for access.
• Planning had no additional comments.
• Health addressed water connection. Applicant will provide. Located within
OP Dlftct. No hazardous materials other than normal household quantities.
• Engineering had no further comments.
• Building Commissioner questioned building elevations. Attorney Butler
stated they will be corrected, Discussed Aviation Easement. Lot is fairly flat.
Concerned with how the fire lane runs into the parking area, Barnstable Fire
Department agreed that it is tight.� Commissioner addres
sed means of egress
Attorney butler stated he will get floor plans. Addressed drainage
Information.
• CONMUED
INFORMAL IgBpium Software,25 Communication Way, Bam. (3'14/005)
Proposal: Applicant would like to install a 350 KW Caterpillar Diesel Generator
on sled. (See SPR 12-98). Attorney Butler presented the updated information.
There are 2 issues raised at the last meeting. i. issues of proposal in groundwater
district. Stated the generation is critical to business and the tank is 275 gallons.
This location is worldwide headquarters. The need is critical for business. The
generator heats the structure. The computers are very sensitive to heat and
humidity. Attorney Butler presented revised site plan. Site Platt Review had
concerns with enclosure of generator. Attorney Butler stated it will be fully
enclosed. It also will have a paved surface for deliveries, Catchbasin is now
Rnrther away and will be protected. Generator will be monitored and alarmed.
Barnstable Fite had no objections.
lasting stated it is an allowed use and the safeguards are appropriate. F -
Engineering still has concerns over the catchbasin. Attorney Butler stated it will
be covered during deliveries. Explained that it will be filed very infrequently.
APPROVED with the fullow{ag condition:
• It b the responsibility of Iafnnium Sofi'waire to cover the catchbasin when
the generator is being refilled with fuel.
SPR-019-99 Mid-Cape Septie, 15 Louis Sftet, HY (327/020)
• Proposal: The Applicant
of pipes, etc. Will do light vehicle repairs Roger Roberts presented theorage
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3PR Meedna Now 03/0dJ99
Proposal. Will construct a metal building for contractors garage. Currently
his business is at 20 Baxter Road,
• Hyannis Fire Department addressed lot. It is vacant now but the Applicant
` believes there was a building there in the 1960's. Concerned with hazardous
materials. Fire Department stated the Applicant will need a permit for cutting
and welding,
• Planning asked Applicant to describe business. Applicant is sewer contractor.
Public does not visit site. 70%of the time the machines are at the job site;
Applicant has 5 vehicles. Will store PVC pipe outside. This would be an
operating garage. Will change oil in the vehicles occasionally as well as
minor engine repair. Addressed egress, Planning wants curbcut relocated.
Fencing will be solid screening.
• Health addressed dumpster. Applicant stated it will be against the building at
left. Would be emptied twice per month. Health stared the dumpster must be
screened. Addressed Roor drains. Applicant stated no. Applicant will have 1
waste oil container indoors. Applicant will have 2 bays. This is not in the
Historic District.
• Engineering addressed curbcut. Requested information regarding leeching,
Must have H2O capacity,
• Building Commissioner addressed door openings, Applicant will have 2
Openings 12 feet by 14 feet high. Parking spaces could conflict with the door
openings. Addressed outside storage. Applicant stated there may be some
PVC pipes, but will try to keep everything indoors, Commissioner concerned
that the site doesn't end up looking like a stockyard. The Applicant stated that
is not what he intends. building will be tied into sewer. Will have one outside
water hose. Commissioner concerned with the catchbasin and contaminants
entering it. Applicant will place a row of arborvitae's in front. Will keep the
large elm tree. Discussed abutting residential properties. Applicant will place
galvanized green chainlinked fence with solid screening around property.
Discussed width of curbcut. Dust be reduced to 16 feet.
• APPROVED with the followiug conditions:
• Applicant must sereeu the front of the property with arborvitae.
• Appliennt Must install a solid fence which abuts the residential property
to the west.
• Outside storage of materiah is prohibited.
• The curbcut most be reduced to 16 feet in width, ------
• The catchbaiin most be relocated further away from arty,truck washing.
• The Dumpster must be screened and placed on; an impervious surface 10
feet MAY hvm the building.
• Drafuage system in parking must be 1420 rating. Exact location to be
determined by Engineering.
• Site fighting must be low level: incandescent or sodium.
• The level of groundwater must be supplied to Engineering. The bottom
Of leeching theillty must be at least 2 feet above groundwater.
INFORMAL Hubbard Paint& Supply,50 Falmouth Road, Hy (311/049 and 050)
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I iviAF. 7. ?R00 1 i 1 `
SPA Me41n=Notes 03/04199
• Proposal; The Applicant proposes to construct an addition of 1,800 square
feet used for S-2 low hazard storage. Steve Shuman presented the proposal.
seeking staff input to a difficult site proposal. Presented existing and
proposed plans as well as photos of the site. Proposed to remove roof of
building and raise It. Will change facade. Proposed additional green space.
Parking area to remain along Hinckley Road. Vehicles are currently backing
out into a public way.
• Hyannis Fire Department stated they will require sprinkler plans and fire
protection plans and location of Siamese connection.
• Planning stated it is a non conforming situation currently. Applicant needs
Zoning Board of Appeals relief for increasing the percentage of impervious
surface. The Applicant stated the new addition will be for storage. The
showroom will be larger. Applicant will need a Special permit for expansion
of a non conforming use. Planning is concerned with backing out into a
public way. Suggested the Applicant reconfigure parking and reduce the
number of spaces. The Applicant argued that Hinckley Road is not generally
used by the public but used by people going to the 3 businesses on the street,
• Health addressed parking on site. The revised plan must show a dumpsite
located on an impervious surface and 10 feet from the building. Addressed oil
tanks inside of building. Applicant believes the tanks are adequate.
• Engineering addressed parking. Some parking is off site. The Town cannot
permit private parking within the road layout. Also, vehicles cannot back out
into a public way. The Town cannot permit parking within the State road
layout as well, The Applicant sees the proposal as a benefit to the State. He
stated the proposal is essentially giving back the State their own land.
Addressed drainage. Applicant stated the drainage will be handled on site.
• Building Commissioner stated this is an expansion of a non conforming use
and must seek Zoning Board of Appeals approval. Suggested the Applicant
reduce site problems as much as possible. Suggested reconfiguring parking.
Commissioner stated that even reducing the number of spaces would be better
as long as the vehicles do not back out into a public way. Also suggested
reducing the pavement within the State road layout,
• CONTINUED
SPR-021-99 Cape Cod Mall additional parking,230 Falmouth Road,MY (293/033)
• Proposal: Existing building to be removed. All impervious material within
the 50 foot buffer to wetlands to be removed. Lot to be used for 87 parking
spaces. Attorney Michael Fond presented the proposal. Presented existing
conditions. Applicant are seeking to demolish existing building which had a
fire in it recently. Will create a 50 foot buffer and create parking area for
Mall. Has received Cape Cod Commission approval. Conservation
Commission has approved the proposal with an order of conditions. Site is
within 300 feet of the Mall. Permitted as of right. Joe Lawrey addressed
drainage. 'There will be a decrease in runoff to Pond C.
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MAF. `7. 2000 11 .3 AM NUTTEr, MCCLENNEN 1�14, i
4PR Meeting Neies op04/9!
• Hyannis Fire Department had no comraents other than the building should be
removed. The Applicant intends to demolish it this Spring; The Building
Commissioner stated it must be secured until then.
• Planning addressed landscaping and lighting. The Applicant stated it will
meet the design of the Mall.
• health had no objections.
• Engineering stated that when the building is removed, Engineering must be
contacted regarding the sewer connection and pump station;
• Building Commissioner addressed landscaping. The landscaping will
continue through this site. There are no fencing proposed between the parking.
and the pond,but the Applicant stated that dense vegetation will be used as
well as a small berm. Applicant will provide landscaping plan,
Commissioner addressed possible easements. the Applicant stated the only
issue is a paper road already discussed with the Commissioner.
• Hyannis Fire Department concerned with tattles on site. Applicant stated they
will be removed.
• Mr. Lawrey submitted a landscaping plan already approVed by Conservation.
• APPROVED
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14AR. 7. 2000 11 : ?..R,14 NUT"TEF, 1�!CCLE1 NFN P11?. r 1�'a P.
SPR nti Now
rot 03125/99
Site Plan Review Meeting of March 25, 1999
Hearing Room, 2nd floor
Barnstable Town Hall
367 Main Street, Hyannis
Present: Rat ph M. Crossen, Building Commissioner, Steven Pisch, Project Engineer,
Arthur Traczyk, Principal Planner, Thomas McKean, Health Division Director,
Chief Jones, Barnstable Fire Dept., and Anna Brigham, Site Plan Review
Coordinator. Cape Cod Commission attendees were: David Ernst, Herb Olsen,
Elizabeth Taylor, Dorr Fox, Tana Watt, Andrea Adams, Sumner Kaufman,
Heather Maceroy, Torn Broderick, Gabnelle Bella, Glenn Cannon. Also in
attendance were, Attorney Patrick Butler, Rick McMinimen, Deno Atsalis,
Jonathan Ring for NNL Skate. Attorney Patrick Butler for Hearthside as well as
far Christy's/Dunkin Donuts.
Meeting was called to order at 9:00 AN. Adjourned at 12:10 PM AM.
"Joint Review*
SPR-015-99 NHL Skate at Hyannis,7701ndependence Drive, Barnstable (332/010.001)
Proposal: Applicant proposes to construct and operate a twin rink recreational
facility to be used by local youth hockey,high school, Egure skating and
similar youth school and instructional organization programs, together with
related reception, locker room,skate rental,administrative, instructional,
concession and spectator space and facilities. Attorney Patrick Butler,
President of Barnstable Youth Hockey Association,presented the proposal.
Seeking DR] from Cape Cod Commission, NHL seeking to construct 100
new rinks. Hockey popular in the country. Described new rink facility in
Exeter,N.H. The principal user for new facility will be Barnstable Youth
Hockey,non-profit Association based primarily at the Kennedy Rink.
Association has 600 members and 27 teams. 40-45%of'the Associations
activity is outside Barnstable which costs money to rent other facilities. Cobb
Trust owns the property. Lease will be paid to Cobb Trust, Youth Hockey
Association will pay NHL Skate. Attorney Butler described the
documentation enclosed In notebook. Applicant has hired Rizzo Associates as
well as a wildlife habitat expert. Nscribed building and presented photos
from Exeter N.H. facility. Site is 9.5 acres and used in the past as_a dumping___.__
ground. Building is 75,000 square feet. Rink has been reconfigured in new
plan. 8 locker rooms,an educational room, training room, meeting room
included. New plan shows 750 seats and 255 parking spaces. Described
Exeter,N.H. site and offered a site visit for interested members. Attorney
Butler and his partners visited N.H. site opening day and described the tour.
r µ Revised elevation plans to be submitted. Described design and function.
Proposed facility will have a schedule board like an airport indicating who is
playing where. Main arena has video capabilities called"Center of
Excellence". Facility will have administrative office, food concessions and
pro-shop as well as a video game room called"Fantasy Room"which may
have a ping pong table. W111 be quality construction. Will have an over head
scoreboard and HVAC system. Seating is built-in, but not bleachers.
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: MA1. i, 2000 11 : 34 4ri N U i i IS , 14: L . ; 11ri r. i u
8l'R Meeting Notes 03/23M
Described locker rooms and Zamboni as shown in photos. Submitted copy of
Cape Cod Times editorial regarding the facility, Zamboni will be propane and
Zamboni room will be self-contained. The shavings are melted and re-used.
There will be no hazardous materials in excess of normal household
quantities. Mr. McMinimen described the process to make the ice. There is
salt water pumped through the pipes on a bed of sand and gravel. Attorney
Butler discussed the open space issue. Project requires 65%open space and
50%maximum impervious surface. Discussed land donated to the Youth
Hockey Association to satisfy the open space requirement. Also discussed the
possibility of reverse mortgage for land. Applicant will submit MSDS sheets
for materials and described the lengthy process that the N.H. facility went
through. The southern part of the site is its a wildlife protection area.
Discussed economic analysis Which will be submitted to Jim O'Connel of the
Cape Cod Commission. Addressed the economic benefits of 10-15 new jobs
with benefits. Discussed the money spent elsewhere that could be spent here
in Barnstable(hotels,restaurants, retail,etc.). Facility will have tournaments
that bring!money to Town. Addressed construction costs. Coaches will be
trained here for"patching". Addressed community character: the proposal
will comply with standards. Barnstable Town Council supports the facility,
Applicant has retained Rizzo Associates to address traffic issues. Used ITE
code 465, Addressed average and peak uses for facility which will be
approximately 10-12 times per year. Discussed average usage of
approximately 30 cars(15 children,2 teams). Public skating will be part of
daily schedule. There will be"stick practice"for approx. 25-50 people.
Discussed each use vs, trip generation. Figure skating will also be part of
daily schedule, Will have approx 5-10 training on the ice at one time.
Applicant will receive information from N.H. facility to compare. Site located
within an Activity center under the Local Comprehensive Plan. Estimate
opening in October of text year.
• David Ernst, Cape Cod Commissioner, discussed advertising on Boards.
Attorney butler stated the advertising will be sponsors advertising on the
scoreboards. Mr. McMinimen described corporate involvement which is
critical to maintain affordability of skating. Them will be no alcohol or
tobacco advertising. Commissioner questioned exterior advertising. The.
Applicant stated there will be none,only the name of the facility will be on
building. Attorney Butler stated signage will meet Zoning 0rdinaedd*.------- ----
• Elizabeth Taylor, Cape Cod Commissioner,questioned whether the Applicant
reviewed other possible sites for facility. Attorney Butler described the
Kennedy Rink which was not fbr sale, Mr. McMinimen described the site
selection. Took into consideration minimal impact and value of the land.
This site was best selection. Whites Path was not part of the selection since it
s was not large enough and space was not efficient. Town of Barnstable was
best location because of the high interest. Applicants thought Cobb Trust land
was a perfect mix,
• Attorney Patrick Butler described the Cobb Trust. For many years it went by
the wayside. Assets must benefit Barnstable School children. Cphb Trust is
2
-MAR, 7. 2000-I I : 3 5 A M NUTTER, MCCLENNEN
SpR Matins Notes OWN
land rich and cash poor. This facility will give Trust money for Barnstable
children.
Tana Watt, Cape Cod Commission staff,will review the application for
community character. Discussed need for screening from Route 6.
Landscaping will be important. Will look forward to plan'. Also,would like
to see elevations. Attorney Butler described distance between Route 6 and
facility. Applicant submitted elevations fbr review.
• Herb Olson, Cape Cod Commissioner, discussed ingress and egress to site.
Discussed one entrance with emergency access possibility.
Tom McKean, Health Director, discussed need for floor plans that show sinks,
bathrooms and food preparation. Attorney Butler stated a gmasetrap will be
provided. Dumpster will be located close to the facility and'sereened.
Discussed propane use for Zamboni. Mr. McMinimen stated propane is least
amount of exhaust. There will be no filling of bottles on site. Bottles will be
stored outside in fenced area. Discussed seeking food prop permit. Health
addressed the ventilation system. Mir. McMinimen discussed HVAC system
in detail. Filters changed bi-monthly and system on"max" when Zamboni in
use.
• Chief Jones, Barnstable Fire Department, is interested in emergency access.
Will request information on ice matting process and will be involved with
propane issue. Mr. McMinimen will provide info to Fire Department. Chief
Jones noted there is an access road around the building which is critical for
emergency vehicles and trust be paved.
• Steve Pisch,Barnstable Engineering,addressed drainage. Jonathan Ring
discussed proposed system. Site will slope away from building. There will be
no open detention basins. Mr.Pisch noted area called Future Expansion in the
N.H. facility plans. There are no plans for future expansion at Barnstable
location.
• Attorney Butler described training of coaches for emergency first aid and
CPR. NHL has this training program.
• Sumner Kaufman,Barnstable Rep to the Cape Cod Commission,addressed
delivery of ammonia. Mr. McMinimen stated the quantity of ammonia is
minimal and its a one time charge.
• Heather McAvoy discussed natural habitat. She will require additional
information from the consultant. Attorney Butler says there had been studies
done in the past which will be pare of report to be submitted. -- --- - - - -
• Andrea Adams, Cape Cod Commission staff, addressed groundwater
Protection issues, Site is located within both a GP and WP zone of
ceritribution. Will review submittal regarding ice making. Mr.McMinimen
discussed in detail. Ice is made up of water with a small amount of white
paint. Addressed emergency plan. Addressed hazardous materials even for
construction. Applicant must educate construction workers about handling
Materials properly. Addressed signage and lighting which should be on the
Plan. Attorney Patrick Butler discussed location of Attucks Lane extension
critical to this facility. Will require directional signage to get people to
facility.
3
AR, 7. �00i1 11 , 05AM NUTTER, MCCI ENNEN
SPR Meettns Notes 03451 9
a Tom Broderick,Cape Cod Commissioner,addressed proposed exit 6 1/2.
Attorney butler believes exit will be to the west of this facility. Addressed
architectural design of facility which will be textured steel. Mr. Broderick
suggests Applicant review architectural styles with Cape Cod Commission
documents. Attorney Butler believes the facility can be altered to be more
Cape Cod style but an ice rink is essentially a big box. Mr. Broderick
questioned the"party room" as shown on plan. Applicant stated it is used for
birthday parties and a room for judges. Mr.McMinimen stated the exterior
will be softened as much as possible.
• Art Traezyk,Barnstable Principal Planner, addressed the access road. Its
shown as 20.22 feet wide,but suggests it be widened to 24 feet and paved.
Attorney Butler believes the easement is actually 40 feet wide. My. Trwyk
concerned with landscaping within the parking area. Suggested an over flow
lot on site for peak times of operation Addressed summer time ufiage.
Attorney Butler discussed a possibility of summer camp and graining facility.
Addressed food and kitchen area which all should be included in analysis.
Attorney butler stated he will provide the 9 page analysis. Believes there is
enough need for 2 facilities in Town. Addressed transition to new ficility
from the Kennedy Rink. Addressed economic analysis. Attorney Butler
stated at present the land is non taxable,but after writmintinn the land will be
taxable. Mir. Traezyk requested a landscaping plan. Discussed the new
landscaping Ordinance recently adopted by the Town Council.
• Ralph Crosson,Barnstable Building Commissioner, addressed storage tanks.
Mr.McMinimen states there is one for brine expansion and contraction.
Addressed parking requirement(reality vs. requirement). Attorney Butler
stated he has never seen a skate parking lot completely full. Mr. McMinimen
sated in N.H where High School tournaments are popular,there hasn't been a
problem. Described the New England Regional Tournament which had 360
admissions over 3 days. Mr.McMinimen addressed BOCA requirements.
Mr. Crosson addressed first aid room locations vs.emergency access.
Recommended a sidewalk to access for emergency. Attorney Butler described
the emergency training and procedure for coaches. An injured child is not
moved until EMT's arrive. Discussed need for garage doors for ambulance
direct access to injury. Areas will have signage. Mr. Crosson concerned with
altering site plan to show this area to be kept.open. Mr.Crosson addressed
"runway"in the parking arcs. Discussed speed bumps." Mr. McMinimen • - ---...
stated that they become more of a hazard with plowing. Mr. Crossen
addressed access road owned by Cobb Trust. Easement is 40 feet wide.
Addressed liability for injuries. Attorney Butler stated it will be spelled out in
the lease, Leese will be a 30-year ground lease. Land is not technically Town
land,its owned by the Cobb Trust. Mr.McMinimen addressed security. Will
have a Policeman and call firefighter to maintain safety. Proposal will be one
level. Building Commissioner addressed HP accessibility. Proposal will meet
ADA requirements stated Attorney Butler. There will be no daycare. Mr.
Crossen addressed utilities that come from Independence Drive. Applicants
do not believe a pump station is needed,Vmvity will be adequate. Applicants
4
. MAR. 11 : 36AM NUTTER, MCCLENNEN
SPR Meeting Nola 03/E5/"
discussed electrical lines. Chief.tones addressed water mains and need for
looping. Mr.Crossen questioned usage of ice rink. Facility will have open
public skating as well as for groups. Public skating mid-morning and early
afternoon for a total of 10.20 hours/week. Mr. McMinimen stated that is the
most profitable time. Applicant will donate ice time to public schools. This
facility is a classroom stated Mr.McMinimen.
• Elizabeth Taylor,Cape Cod Commission, voiced concern with egress from
both rink for emergency and handicapped access. Mr, McMinimen will
review the HP exits.
• Glenn Cannon,Cape Cod Commission,addressed traffic study. Attorney
butler stated it will be submitted in a few days by Rizzo Associates.
a Gabrielle Belfit addressed drainage underground, Addressed pretreatment to
protect environment. Applicant described the pretreatment process.
a Chief Jones addressed roof access.
• Steve Pisch addressed concrete slab at the bottom of the mechanical room.
There will be no slab under rink. Mr. Pisch addressed pipe leakage.
Applicant stated the ice is not hazardous,just salt water. By using sand base,
its actually less likely to have problem with pipes.
e Elizabeth Taylor questioned the use of paint. Mr. McMinimen stated the faint
is non toxic and the use is less than a gallon. Brine is 2000 gallon per rink.
• Building Commissioner addressed water table. This information will be
included in the drainage plan.
a Elizabeth Taylor addressed the possibility of leakage. Applicant addressed
pressure valves and alarms. if a problem occurs,the system is shut down and
drained into a holding tank in mechanical room.
e Building Commissioner Is requested a letter from Applicants engineer stating
salt water leakage will not impact the groundwater.
• Cape Cod Commission tentatively scheduled Hearing for April MO.
SPR-031-99 Hearthside ofRyaaabs1930 and 1950 lyannough Road, Barnstable
(23S/007 and 009)
• Proposal: The Applicant proposes to construct and operate an assisted living
facility to be operated by Marriott Senior Living Services. The project will
consist of 6 residential buildings,each containing 15 units for a total of 90
units. in addition,a community building containing dining and kitchen
facilities will be constructed,ass well as associated parking,access --Attorney-- - -
Butler presented the proposal. Submitted Land Use comparison, site plan and
renderings. Proposal was before Town Council for a zoning change. Site
located within an RO District. Applicant has had preliminary meetings with
Boatel of Health and Cape Cod Commission. Discussed site and proposal.
. Will construct a community building. Fach building will have 14 residents
and 1 caregiver. Meals will be served in the Community Building. Required
parking is 45. 53 shown on plan, Total floor area is 50,600. Located within a
groundwater protection district. site subject of a"taking". Addressed effluent
discharge under Route 6 to area outside groundwater protection district. This
will require a variance or a change in zoning from Town Council, attorney
S
",iNIAF.. 7. �000 11 ; 07A!� NUTTER, M UI,ENNEN N4. 7 116 9 P. l
spat Meeting Notes 0301"
Butler believes this is a viable proposal. Meets dimensional requirements.
Minimal traffic generated,approx. 193 vehicle trips per day. 10%of the units
are affordable which is a requirement. Applicant did not want to go 4013.
• planning stated the land use is consistent with the Local Comprehensive Plan,
but concerned with parking. Attorney Butler calculated a nursing home
requires 1 space per 3 beds. Addressed sewage treatment plant not allowed
under the Ordinance. Attorney Butler has had discussions with the Town.
Attorney, and the intent of the Ordinance is not to discharge effluent in
groundwater district. Proposal is to pump outside the district. Planning
discussed relocation of pump station, Attorney Butler discussed options for
approval, Will proceed with the zoning change, Addressed 10%affordable.
• Health addressed nitrogen loading. Applicant used cape Cod Commission
standards. Discussed distance to private well. Attorney butler stated each
building will have its own screened dumpster. Revised plans will show
location. Discussed"shared"system. Attorney butler stated this is not a
shared system since its used by the same entity.
• Barnstable Fire Department stated the Applicant will be required to sprinklc
units. Concerned with limited access around the buildings. Will discuss
location of hydrants with Applicants Engineer. Chief Jones recommended the
area around buildWSs to be paved for emergency access.
Engineering requested drainage calculations. Discussed Route 132 design
regarding the median down the middle of the road. Discussed access road
front Huckins Neck Road. Discussed platy to change Shootflying Hill Road
in the future, Engineering has concerns that all plans for the roadways will be
coordinated, Engineering requested status of Old Neck Lane and requested
construction details on site items.
• Building Commissioner addressed"No access per Land Court.,."shown on
plan. Attorney Butler stated it means vehicle access,but utilities are fine.
Commissioner concerned with grading on site. Discussed drainage pits.
Concerned with openings that drop down at backside of building. Attorney
Butler described the residents as a single woman,widowed,approx. 75.85
years old with some need for assistance with daily activities. There will be a
live-in attendant 24 hours/day. Residents will have the ability to see Doctors
and go places as needed. Few residents have vehicles. Will have food prep in
building. Commissioner addressed land to north where effluent is pumped.
Land will be owned by Applicant. Tunnel under Route 6 will require pemits^._,
firom State,but Attorney Butler feels they arc obtainable. Lighting on site will
meet requirements. Addressed HP spaces. Commissioner asked what
happens to residents after they become ambulatory. Attorney butler stated
they will be referred to other care,
• Sumner Kaufinan addressed wastewater treatment system. Applicant stated
information will be submitted to Cape Cod Commission.
• REFERRED TO CAPE COD COMMISSION
i
SPR-020b94 Christ 's Market/Dunkin Donato, 317 Falmouth Road, HY (292/005)
6
F�:. .7. 2 ITIJ 0 1 .i u ,M M"CLEM0f
SPA Meeting Notes 03/23M
e Proposal: The Applicant proposes a self-service fuel station,convenience
store and fast food restaurant with drive thuough window. Attorney Patrick
Butler presented the proposal. submitted revised plan. Reviewed revised
items requested by Site Plan Review at previous meeting. Curbeuts are
altered. Reviewed landscaping as requested. Canopy is pre-existing as well
as gas station. Presented building elevations. Design is shingle and clabbord.
Roof is peaked. Site is located within the AP zone. Proposal meets
dimensional requirements. Will requite filing with Conservation Commission
and Zoning Board of Appeals action. Wooden fence will be added to rear.
Building will connect to sewer when available.
e Planning stated the revised plan is good but a traffic study is needed. Attorney
butler stated that study is being worked on. Planning stated the site is intense.
Applicant stated the primary focus is coffee and donut. There is no
interference with Christy's across the street.
e Health addressed town sewer installation. Attorney Butler believes timing for
construction and installation of sewer is good. Health stated even if septic is
constructed, Health will require sewer hook up when available. Health
requested floor plans of kitchen area.
e Engineering concerned with radii which should be increased. Will review
traffic study when submitted. Should have 25 feet separation between
leeching and septic. leeching system must be 2 feet above groundwater.
Granite curbing required.
e APPROVED and forwarded to Zoning Board of Appeals
7
* The Town of Barnstable
saxrrsTnB�,
9� b S. Department of Health Safety and Environmental Services
ArFDMA'�9.
A Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
10/27/99
SPR 020-99
R292-005
Corner of BearSOS Way&Rte. 28 aka Falmouth Rd'. ,
Comments collected regarding the revised Christy's plan:
Art Traczyk: No additional comments
Tom McKean: Underground grease trap (and all underground utilities) are to be
designated on plan. He noted that the dumpster is shown and secured from view. He also
reminds the applicant to provide 4 sets of kitchen/food prep and lav plans prior to
obtaining building permit.
Steve Pisch:
In Steve's opinion-Rte 28 shall be governed by the State and their mandates would
supersede any local ordinance, regulation or request. The State maintains ultimate
jurisdiction.
Bearses Way radius should be increased to 15"in order to match the other side.
The Route 28 /Falmouth Rod entrance/exit should be reconfigured with a raised island in
order to direct the traffic flow as a right-in/right-out only.
Increase pump area from 22' to 30' by shaving off island in front of canopy.
(This is suggested assuming that the proposed pump layout risks having vehicles parked
beyond the canopy. No pump station detail was provided)
Consideration should be given to making traffic two way on the outside of canopy island.
This area will have conflicts when someone is at a pump facing out and wants to leave
going towards the air port rotory.
It is the opinion of the building commissioner that the angled entry from Rt 28 is an entry
and the 45 foot rule should not be considered at this point.
N FOFFENDEp � BAR 4117 3
TOWN OF AD�O7Ep `A
BARNS ABLE CITY,STT TE, 11 OE �O//�i•
e.2 o'
QIFve MV/MB REGISTRATION NUMBER
HARNNMARIX
CL
jO IAKI�`� C7
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TIME AND DATE OF VIOLAT LOCATIONZ A ON
NOTICE OF o A. P.M.)ON
Sill �EF ENFORPIN ERSO ENFO C G DEPT.
VIOLATION enoGENo. � ,
OF TOWN HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ►++
a
ORDINANCE ❑ Unable to obtain signature of offender.
THE NONCRIMINAL FINE FOR THIS OFFENSE IS imp ,OO W
OR Date maned
.YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL w
REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W
III You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays exceppted,
before:The Barnstable Town Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,
P.O.Box 2430,Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL
121 if You desire to contest this matter in a noncriminal proceeding,you mayy do so byy making written request to DISTRICT COURT DEPARTMENT,
FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA02630,Att 21 D Noncriminal Hearings and enclose a copy of this citation
for a hearing.
�w (31 If you fall to pay the above offense or to request a hearing within 21 days,or If you fall to appear for the hearing or to pay any fine determined at the
hearing to be due,criminal complaint may be Issued against you.
j ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$
Signature
TOWN OF BARNSTABLE
# Ordinance or Regulation
WARNIN NOTICE
',. Name of Offender/Manager'
Address of Offender MV/MB Reg.#
.Village/State/Zi
Business Name 4 � 19
/
wpm, on -�0 . �b
Business Address
} S ature of f
' ord. Offices
g7 'Village/State/Zip , C z.
Location.. of Offense
Enforcing• D t''Division_,,
` if en
4 This will serve, only..as a warning. At this time no legal action hast,been taken:
It is': the >'goal of Town agencies:'ao achieve' voluntary compliance`° of ':Town
Ordinances, . .Rules., and Regulations. Education efforts •'and warning notices are
a'ttemptsto :gain `voluntary, compliance. ; Subsequent ``'violations will result in
} r appropriate egal action by the Town.
c
A° `
7
TOWN OF BARNSTABLE ,
a BAMST.Ult i Office of the Building Inspector
MASS.
oo t6.3.9.
D.M m m Date .......March...2.1.......1.9.86
..... .....
Fee .....$J.0.0.....0'0.............................
Permit No. .......................
PERMIT TO ERECT SIGN IS HEREBY
GRANTED TO ................C.h.ri.....st...y.....s........Ma........rke.t..............................................................................................................
........ .
D/B/A .....................................Same.............................................................................................................................................
LOCATION ......................... . ............li ..................................................................................................
Hyannis 0-,;,-1, a /
................................................................................................................................................................................................................
ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION
OF THIS PERMIT
-------------------
Building Inspector
yoFtNEro�� TOWN OF BARNSTABLE
i BAMSTAM : Office of the Building Inspector
MML
�Op 16;9.
amAY��
Date June 12, 1995
Fee $75.00
Permit No. 115
PERMIT TO ERECT SIGN IS HEREBY
GRANTED TO Alco Sign Company, Inc.
D/B/A CHRISTY'8 - TACO BELL
LOCATION - 345 Falmouth Road, Hyannis, MA 02601
ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION OF
THIS PERMIT
Building Inspector
•ALCO SIGN COMPANY, INC. LETU N (0 1F UMMSE DUTU.
270 Howard Street
BROCKTON, MA 02402
(508)• 584-8711 (617) 471-1211 DATE 0 ((3 w CJ�L_q6- JOB NO.
FAX (508) 587-4721 ATTENTION
RE:
TO
TO(.t.9ArOr 8e�Kk)$7-" i_ C>y2is7 S - t" 13LL
K /lyAw,( -9� 44A a601
> WE ARE SENDING YOU a/Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE 4 NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑+ For your use ❑ Approved as noted ❑ Submit copies for distribution
> IRAs requested ❑ Returned for corrections ❑�Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO /mil LC ',jT 4 y F/Q,eFjl't'f-/►/
40%Pre-Consumer Content•101/Post-Consumer Content SIGNED:
PRODUCT240 a ice.,cmmn,t olan. If enclosures are not as noted, kindly notify us at once.
ALcO SKIN COMPANY, INC. LIEUTE 3 OF TURSEMR&
270 Howard Street
BROCKTON, MA 02402 I
DATE O JOB NO. -
508) 5�8p4--871/�1 (617) 471-1211 C)
FAX (508) 587-4721 < ATTENTION
TO _,)_-_1/5PC-C7-! 0 (V A/ L_/V I RE:
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> WE, ARE SENDING Y.OU . [Y,Attached -,❑ Under.separate.cover}via. ty }' the following items:
❑ Shop drawings ❑ Prints ❑ Plans n ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
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COPIES DATE NO. DESCRIPTION >
/,j*-rf7 C/h- sue FVA v ems. F't� ►it`s`
1
I THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted , ❑ Resubmit#' copies :for approval,
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CR' For your use ❑ Approved as noted ❑ Submit cop*ies`f distribution
. .
r 4 re' uested - � ❑y Returned for-corrections- _ ;`❑ Return - corrected
' d 4 Prints _
El For review and comment ❑ -
❑ FOR BIDS DUE 19 l❑ PRINTS RETURNED AFTER LOAN TO US = '
REMARKS
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'='COPY TO �/L �� Y fRL �� N
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Pxoouct2e0 e I c,cmtm,Ltas man. If enclosures are not as noted, kindly notify us at once.
t
COMPANY, INC.
g
3 Jay Freeman €ti
1 Sales Representative
(617)471-1211 (508)584-8711
(617)344-7321 Fax(508)587-4721
270 Howard Street,Brockton MA 02402
�Yt1E Sign
ti
Permit
�,�AB� * TOWN OF BARNSTABLE
9 MASS.
i639. �
� A Permit Number:
,off,
FO M1►�
Application Ref:App 200702089
20070029
Issue Date: 04/06/07
Applicant: CHRISTYS OF CAPE COD LLC
Proposed Use: GASOLINE SERVICE STATIONS
Permit Type: SIGN PERMIT
Permit Fee $ 25.00
Location 317 FALMOUTH ROAD/RTE 28
Map Parcel 292005
Town HYANNIS
Zoning District HB
Contractor PROPERTY OWNER
Remarks
REMOVE EXIST BASKIN ROBBINS &REPLACE DD SIGNS 6.8 SQ
DUNKIN DONUTS
Owner: CHRISTYS OF CAPE COD LLC
Address: 105 PLEASANT ST
HYANNIS, MA 02601
Issued By: PC
POST THIS CARD SO THAT IS VISIBLE FROM THE STREET
Ul
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Town of Barnstable
Regulatory Services
UMMSrnsre. Thomas F.Geiler,Director
iL659. a'0� 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
Permit#
Application for Sign Permit
Applicants fQ__ _____ ______Assessors No.___________ ___
Doing Business A1A nA elephone No.5[��_��_
Sign Location _,
Street/Road::))- ' `--11Y_�C?12� ��----------------------------------
Zoniri' �stnct: —___Old�irgs ig way? Yes/No Hyannis Historic District? Yes/No
ProP NOD X aaa
Name_ er�5�" �--------------Telephone: -- ----
Sign o tractor
Name - QL1 �2 4=-�N>n3- ----Telephone = (� -
Mailing Address: ��-IJl---- -KC
Description
Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and
size of the new sign. This should be drawn on the reverse side of this application. ? =.
Is the sign to be electrified? Yes/No (Note: If yes, a wiring permit is required)
Width of building face ft.x 10 = x.10= � 1--;,\.116r ��', 1 ,D (�
I hereby certify that I am the owner or that I have the authority of the owner to make this app'liation, that st
the information is correct and that the use and construction shall conform to the provisions of§240-59 E5 ;
through§240-89 of the Town of Barnstable Zoning Ordinance.
Signatture Owner/ ho'ze�d,,Agent:—�- - - - Date:, �y--
mW s}- ` HIV) 1
Size:_I 5 '�(_ blarZe -----Permit Fee:-----------------
Sign Permit was approved: Disapproved:
SIGNS/SIGNREQU
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BOARD OF BUILDING REGULATIONS
License: CONSTRUCTION SUPERVISOR
Number::CS 076718
Expires 0 311 5/2 0 0 8 Tr.no: 18288
Restricfed:: 00::
DAVID J RANDA
8 CIDER HILL LN / [,
SHERBORN, MA 01770
Commissioner
02/14/2007 11:35 7BI3268387 WALLEY INS PAGE 02
�-� CERTIFICATE OF LIABILITY INSURANCE 0211MIDDIY4J20O72!1
}PRODUCER (7 B1)326-8353 FAX (7B1)326-6387 THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION
`F, M. 'galley InauTance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
47 High Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P. Q. Box 469
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dedham, MA 02026 INSURERS AFFORDING COVERAGE NAIL#
INSURED Expansion Opportunities Inc INSURER A: TrBv®lers Prop Cas InS Co of Ame ice
DBA Viewpoint Sign & Awning INSURER B: The Travelera Indemnity Co.
40 Locke Drive INSURER C; The Ins. CO. of the State of PA
Marlborough, MA 01752 INSURERD:
INSURER E:
COVEMGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
r
ham
DD' rrrE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
GENERALLIABII.ITY 6305609C939 09/14/RO06 D9/14/2DO7 EACH OCCURRENCE S 1,000,000
X CCMMC-RCI4L GENERAI,1)ABIUTV DAMAGE TO RENTF_O g 1001000
IDS IPA nLNfR%PI
CLAIMS MADE OCCUR MED EXP(Arty One PI.—on) S 51000
PERSONAL BADV INJURY S 1,000,OOD
GEKRALAC-GRF-GATE g 21000,000
GEN'I,AGGREGATE LIMRAPPLIECPER: PRODUCTS-COMP/OPAGC S 2,000,000
X POLICY PP.O-
JEC7 LOC
AUTOMOBILE LIABILITY BA7387C28306CAd 051/14/2005 09/14/2007
COMBINED SINGLE LIMIT i
X ANY AUTO (Fe 9ccltlml) S
1,000.000
ALL OWNED AUTOS
INJI
SCNF,DULED AUTOS (�Oipc,on),RY $
B.
X HIRED AUTOS
BODILY INJURY S X NOpI-OWNED AUTOS (perBcc10en1)
PROPERTY DAMAGE
(Per accldenq
GARAGE LIABILITY AUTO ONLY,FA ACCIDENT ¢
ANY A.UTD -
OTHER THAN EA ACC 3
AUTO ONLY: AGG S
EXCESSIUMORELLALIABILITY CD'P767BC707 09/14/2006 09/14/2007 F.ACHOCCURRENCE $ 5,000,000
R OCCUR FI CLAIMSMADE AGGREGATE S 5,DOD,000
FN
5
DEDUCTIBLE
HX RETENTION i 10,000 S
S
WORKERS COMPENSATION AND wC1762505 02/09/2 D07 02/D9/2006 X WC STATU
EMPLOYERS!LIABILITY • OTH
_FR _
C ANY PROFRIETORIPARTNER/EXECUTIVF E.L.PAC HACCIDENT S _ 500,000
OFFICER.'MCMBFR EXCLUDEW
>• .Ue:criRe under E.L.1313EASE-EA EMPLOYEE S 500,000
SPECIAL PROVISIONS below
OTHER E.L.DISEASE_•POLICY LIMIT S 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
TIF E H E N
SHOULD ANY OF THE ABOVE DESCRISF_D POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER t"LL ENDrAVOR TO MAIL
Expansion Dpportunities, Inc. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERNAMEbTOTNECEFT,
DSA Viewpoint Sign & Awning BUT FAILURE!TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
40 Locke Drive OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES,
Marlborough. MA 01752 AUTHORED REPREDENTATIVE
Prank Walley III/BETE{
\CORD 25(2001/08) FAX: (SOB)303-6480 Cc)ACORD CORPORATION 1988
f x
4 i
Diii;:91:.0211 Cif ilCiii :1F,
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.E 39.0. 199 GEC 2-1 f 2 i li
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal Number 1999-64-Christy's of Cape Cod, LLC
Special Permit Pursuant to Section 3-3.6(3)(A) Conditional Uses in the HB District
Summary: Granted with Conditions,
Petitioner: Christy's of Cape Cod, LLC.
Property Address: 317 Falmouth Road/Route 28,Hyannis
Assessors Map/Parcel: Map 292;Parce1005' `1 v
Area: 1.78 acres
Zoning: HB Highway Business Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property that is the subject of this appeal consists of a 1.78 acre lot at the southeast corner of Route
28 and Bearses Way. The site is presently improved with a self-service fuel station. It is located in a HB
Highway Business Zoning District.
The petitioner is proposing to renovate and reconfigure the existing self-service fuel station. Specifically,
the applicant is proposing to remove the existing kiosk structure and storage shed and construct a 3,200
sq. ft. building to be used as a convenience store and a 25 seat coffee shop with a drive-up window. The
existing canopy and gas islands will remain. No changes to the underground fuel tanks are proposed.
Offices and banks are the only uses allowed as Principal Permitted Uses in the HB District. The current
use of the property is nonconforming, predating the 1983 establishment of the HB Zoning District.
According to assessor's records, the existing gasoline service station was constructed around 1970. At
that time, the property was zoned B Business which permitted gasoline service stations as-of-right. Fuel
service/mini-marts and fast food establishments are permitted as conditional uses in HB Districts with
approvalof a Special Permit by the Zoning Board of Appeals.
The applicant is seeking a Special Permit pursuant to Section 3-3.6(3)(A) Conditional Uses in the
Highway Business Zoning District.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
March 16, 1999. A 129 day extension of time for holding the hearing and for filing of the decision was
executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of
Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The
hearing was opened June 02, 1999 and continued to July 28, October 13, October 27, December 01, and
December 15, 1999, at which time the Board granted the requested Special Permit with conditions.
Hearing Summary:
Attomey Pat Butler represented the petitioner, Christy's of Cape Cod, LLC. Christy Mihous, one of the
principals of Christy's of Cape Cod, LLC,was present.
Attorney Butler submitted a traffic report to the Board. Because the traffic report was submitted at the
hearing, it was agreed by the Board and the petitioner to have a brief overview of the project given and to
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-64-Christy's of Cape Cod,LLC
Special Permit,Section 3-3.6(3)(A)Conditional Uses in HB District
continue this appeal to a later date to provide sufficient time to review the report. Board members were
not assigned at this time.
Attorney Butler described the proposal. The site is currently developed with a Citco self-service gas
.station, consisting of a kiosk, storage shed and gas pumps. Christy's is proposing to remove the existing
kiosk and storage shed and construct a 3,200 sq. ft. building to be used as a convenience store and a 25
seat coffee shop with a drive-up window. The existing canopy and gas islands will remain.
Attorney Butler stated they had been before Site Plan Review several times. He compared the original
site plan with the revised site plan. The revised site plan is an improvement over the old one, having
incorporated many of the concerns and comments of the Site Plan Review Committee, particularly with
respect to curbcuts and landscaping. The site currently has four curbcuts. They are proposing to close
the curbcut on Bearses Way, closest to the intersection with Route 28, and make the curbcut on Route
28, closest to the intersection, a one way in only. Attorney Butler also showed elevations of the proposed
building and stated the design is in keeping with traditional Cape Cod architecture.
Attorney Butler requested a continuance so they can return to Site Plan Review and have the traffic report
reviewed by engineering and planning. He stated that all new materials would be submitted two weeks in
advance of the continuance date to provide sufficient time for review.
The Board decided to.continue Appeal Number 1999-64 to 07/28/99 @ 8:00 PM.
Attorney Butler reported that since the last hearing the applicant's traffic engineer met with both the
Engineering Department and the Planning Department. Based on their meeting(s), there were
suggestions made that the plan be revised and reconfigured. The applicant just recently received the
revised plan with some major changes. Because the changes are so significant,Attorney Butler thought it
best to return to Site Plan Review. The applicant requested another continuance to allow this new plan to
be approved by Site Plan Review.
The Board decided to continue Appeal Number 1999-64 to October 13, 1999 @ 7:45 PM.
Board Members hearing this appeal on October 13th were Ron Jansson, Gail Nightingale, Richard Boy,
Ralph Copeland, and Chairman Emmett Glynn. Alternate Board Member Tom DeRiemer was present
and able to replace any Board Member if necessary. Attorney Pat Butler represented the petitioner.
Christy Mihous, Principal of Christy's of Cape Cod, LLC, was present along with Richard S. Bryant, P.E.,
Rizzo Associates, Inc.
Attorney Butler reviewed the appeal to date. The traffic report has been updated and reviewed by the
Engineering and Planning Departments. They also went to Site Plan Review; incorporated,their ideas and
suggestions into new plans;went back to Site Plan Review; and received approval on October 7,1999.
The applicant owns other Christy's sites and Attorney Butler presented before and after pictures of those
sites to give the Board examples of the applicant's work when he upgraded those other projects.
Attorney Butler described the site plan. There will be a reduction in the number of pumping stations from
12 pumps to 8 pumps. The canopy will be turned at an angle resulting in a decrease in setback intrusion
and increasing the ability for the landscaping to be further from Route 28. The building will house a small
convenience store and a 25 seat coffee shop with a drive-up window. The drive-up window is in the rear
and by having the window in the back, there is room for queuing. There are 26 parking spaces on the
site. This site is located in an AP Aquifer Protection Overlay District and a HB Highway Business District.
It is also in a State Economic Opportunity Area and a Growth Activity Center(as designated by the Local
Comprehensive Plan).
Attorney Butler reviewed the proposal. The northern most curb cut on Bearses Way will be closed. There
will be a reduction of the curbcut widths on both the exits\entrances on Route 28. Plus, the westerly
curbcut on Route 28 will now be a one-way-in only. Bermed islands have been added to the entrances
that act as controls. There is a small area of wetlands on the southeastern portion of the site and the
2
r
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-64-Christy's of Cape Cod,LLC
Special Permit,Section 3-3.6(3)(A)Conditional Uses in HB District
project has received an Order of Conditions from the Conservation Commission. The plan showing the
new(extensive) landscaping, to include 500 perennials, 168 shrubs, and 13 major trees to be planted on
the site,was displayed. There is an increase in greenspace and"better types"of plants. Attorney Butler
next displayed the elevation plans. This is a dramatic improvement to the site. The building will point at
an angle towards Route 28 and Bearses Way and be bricked and shingled with a cupola on top. The
canopy roof will match the building roof.
There have been a lot of accidents in this area and with this new layout of the site and building, Attorney
Butler indicated there should be a reduction in"cut thru action". The new plan will reduce the ability to cut
straight through the site in an effort to avoid the light. The traffic generation is minimal in terms of the
overall site. The majority of trips are convenience trips and not destination trips.
The Board asked about the new front yard landscape requirements of the Zoning Ordinance. The new
requirements (approved by Town Council on March 11, 1999) call for a 45 foot landscape buffer from the
road lot line. There was a discussion as to whether the site met the new requirements or needed a
Variance. Mr. Butler stated he would review it with the Building Commissioner and report back to the
Board.
The parking spaces were discussed. The proposal requires 26 spaces. The proposed building is 3,200
square feet with 1,200 square feet of retail and the rest coffee shop use.
Richard Bryant, Traffic Engineer, addressed the Board. When working on this project they looked at two
major issues. What is happening off-site and what is happening on-site. The off-site component is the
increase in traffic. With this site, the impact is negligible because of the volume already in the area and
the nature of the use. As to the on-site circulation conditions, there will be an improvement because of
the decrease in curbcuts and the better design and operation of the new curbcuts. This new plan went to
the Planning and Engineering Departments and they feel this is a safer plan than what is there today on
this site.
As to the traffic counts, they did actual counts on each of the site driveways. They also used the ITE Trip
Generation Manual, information from the Cape Cod Commission, and first-hand data from Dunkin Donuts.
This information was included in the traffic report previously submitted to the Board. The proposed uses
on the site-gasoline-coffee-convenient store-are not destination generators.
For clarification,the Cape Cod Commission provides seasonal adjustment data which gives the variation
from month to month. They don't predict the volume at a particular location but rather tell you how to
adjust the counts(you take)from month to month. The numbers have been consistent from year to year.
The Board was concerned with the number of vehicles at this busy intersection and the[in]ability to get on
and off the site. There are over 3,000 vehicles that go through this intersection (Route 28 and Bearses
Way)during the am peak hour and over 3,500 vehicles during the pm peak hour. The Board was
concerned with the fact that there will now be three uses on the site; a convenience mart, a 25-seat coffee
shop, and a gas station,which might be too much for this site. They questioned if there were less uses on
site or a smaller coffee shop,would the site flow better. Plus there would be a smaller building and less
parking spaces needed. The Board felt a"sit-down" Dunkin Donuts shop should be considered a
destination trip and they felt the uses should be dealt with as three separate units.
Mr. Bryant reviewed in detail the traffic counts, the traffic flow in and around the site, the left turn
movements onto the site, the movement within the site,the curbcuts and their safety islands, and why the
curbcuts were configured the way the are drawn on the plan. Attorney Butler reported the applicant would
be amicable to right-in and right-out only on the easterly curbcut on Route 28, if the Board so desired.
Attorney Butler reported the"new lights"at the mall further down Route 28 have improved this site and
when the mall expansion is completed, there will be better traffic flow.
In summary, Attorney Butler stated there is no way to solve the traffic problems in this area and this is not
a new use on the site. The proposal meets the criteria for the grant of a Special Permit and does not
3
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-64-Christy's of Cape Cod,LLC
Special Permit,Section 3-3.6(3)(A)Conditional Uses in HB District
adversely affect the health, safety, or welfare of the town and protects and conserves the value of the
property within the town. The applicant will look into right-in and right-out turning movements. He will
also look into reducing the number of seats in the coffee shop and reducing the size of the building, and
possibly eliminating the convenient store use. Attorney Butler reported that there will now be public
restrooms on the site. Aesthetically, there will be better signage and better landscaping and improved
lighting on the site. Attorney Butler reported the Christy's Store across the street is considered a"full
blown convenience store"where as this is a smaller Christy's Store and is considered a"snack shop".
The Site Plan Review Approval has five conditions-they meet all conditions except they have not shown
the handicapped ramps on the plan.
The Board thanked the Petitioner for their willingness to work with the Board on this difficult site. It was
decided to continue Appeal Number 1999-64 to October 27, 1999 @ 9:00 PM.
Board Members hearing this appeal on October 27th were Ron Jansson, Richard Boy, Ralph Copeland,
Tom DeRiemer, and Chairman Emmett Glynn. Attorney Pat Butler represented the petitioner. Christy
Mihous, Principal of Christy's of Cape Cod, LLC,was present along with Richard S. Bryant, P.E., Rizzo
Associates, Inc.
Attorney Butler reviewed the appeal. A new plan was submitted which includes some major changes.
The changes include the reduction of the canopy, the reduction of pumping stations from 4 stations to 3
stations(6 pumps). The building size has been reduced down to 2,520 square feet. The number of seats
in the Dunkin Donuts restaurant has been reduced to 16 seats (from 25 seats). Some of the parking has
been removed. The eastern most curbcut on Route 28 is now right-in and right-out only. The flow of
traffic on site will now flow more smoothly. The building is of the same style as previously proposed just
on a smaller scale.
The new front yard landscape requirements of the Zoning Ordinance(approved by Town Council on
March 11, 1999)call for a 45 foot landscape buffer from the road lot line. Attorney Butler stated the new
plan meets the 45 foot setback in the section where the parking has been removed. As it relates to the
area near Route 28, in Attorney Butler's opinion, the 45 foot requirement is not applicable.
Richard Bryant, Engineer, discussed the Board's concerns. The parking lot will be painted with arrows to
help with traffic flow. Those arrows are intended as a guide only and can be changed to show two-way
traffic flow if that would work better. The building is angled because of the location of the wetlands. The
"road" beside the drive-up window was discussed and if it becomes a"cut-thru" (which is unlikely due to
its curves and location behind the building)a speed bump could always be added. The curbcuts were
discussed. The first curbcut(heading easterly)on Route 28 is needed because the traffic flow is
proceeding at a slower rate(after having just started from the light)than when it passes by the second
curb cut so from a traffic standpoint that first curbcut is safer. On Route 28-the easterly curbcut is night-
in/right-out only and westerly curbcut is right-in only. The Bearses Way curbcut is enter and exit with an
island down the center. Based on the traffic report, the left turns out onto Bearses Way are minimal. The
LOS is"C" at that driveway for both left turn out and right turn out. The Board asked Mr. Bryant if he could
provide the LOS for left turns out of that driveway. Attorney Butler reminded the Board that if that,
driveway was limited to only a right turn out there would be no way to get back to downtown Hyannis
without having to drive east on Route 28 to the airport rotary. For clarification, the driveway across
Bearses Way used by the"strip mall" is not directly in line with the driveway on this site. Mr. Bryant
reviewed the traffic lights and the turning movements to and from the site.
Mr. Mihous addressed the Board. The Christy's across the street is a"full convenience store"while this
site will be a"snack shop". The average Christy's store is around 3,000 square feet with 3500-4000
SKU's(stock keeping units). This snack shop will be very small being only 900 square feet total including
the rest rooms and the area where the cashier stands and storage area. It will only have around 500
SKU's with the cigarettes and candy taking up the majority of the room. The area devoted to the retail is
4
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-64-Christy's of Cape Cod,LLC
Special Permit,Section 3-3.6(3)(A)Conditional Uses in HB District
only around 600 square feet. This snack shop is more of an accessory use to the gasoline station as
opposed to an convenience independent
p fence store.
Attorney Butler stressed this will be an improvement to the site and make it a safer site. The applicant will
return to Site Plan Review with this new plan and address any other concerns the Board may still have.
The Board decided to continue Appeal Number 1999-64 to 12/01/99 @ 7:30 PM.
At the start of the hearing on December 01, 1999, Chairman Emmett Glynn informed Attorney Butler that
Ron Jansson would not be present this evening and asked Attorney Butler if he would like to proceed with
just four Board Members. Attorney Butler responded he would like to continue this appeal until pp such time
when all five Board Members would be present.
The Board and Attorney Butler agreed to continue this appeal to December 15, 1999 at 9:00 PM.
Board Members hearing this appeal on December 15th were Ron Jansson, Tom OeRiemer, Richard Boy,
Ralph Copeland, and Chairman Emmett Glynn. Attorney Pat Butler represented the petitioner. Christy
Mihous, Principal of Christy's of Cape Cod, LLC,was present along with Jennifer Conley of Rizzo
Associates, Inc.
At the hearing of October 27, 1999 the Board requested the following:
• LOS figures for left hand turns exiting out of the Bearses Way driveway,
• Can the area between the canopy and the landscaped area along Route 132 be widened to
24 feet?
• Site Plan Review approval of the final plan and
• Revised landscaping plan
That information was provided to the Board.
Attorney Butler reviewed the new plan which includes some significant changes that were made since the
original site plan submitted with this appeal. These changes include:
• a reduction in the size of the building from 3,200 sq. ft. to 2,520 sq. ft.,
• a reduction in the number of seats for the coffee/donut shop from 25 to 16,
• a reduction in the size of the canopy and the number of fueling pumps from 8 to 6,
• a reduction in the number of parking spaces from 29 to 21,
• addition of a 45 foot front yard landscaped buffer along Bearses Way and increased
landscaping along Route 28,
• improved on-site traffic circulation to include a 31 foot separation between the canopy and the
landscaping along Route 28 for two way traffic flow in this area,
• the conversion of the eastern curbcut on Route 28 from a full access drive to a right-in/right-
out only drive,
• a reduction in the width of the western curbcut on Route 28 to 16 feet and a channelization of
this drive,
• the addition of islands at the Bearses Way entrance/exit and the western entrance/exit on
Route 28, and
• the addition of signage to help control traffic circulation in and around the site.
Attorney Butler indicated the requested relief may be granted pursuant to Section 3-3.6(3)(A) provided
that such use does not substantially adversely affect the public health, safety,welfare, comfort or
convenience of the community. The relief requested does not adversely affect these criteria in any way
and in fact will enhance the area. The newest plan has received Site Plan Review Approval. The site has
an Order of Conditions from the Conservation Commission.
The two curbcuts on Route 28 were again discussed. The traffic expert, Jennifer Conley, reviewed the
LOS, the conflict points, and the curb cuts on Route 28. This new plan is substantially better and will
allow for improved public safety. After much discussion,the applicant agreed to close the westerly
curbcut on Route 28 and move the remaining curbcut in a westerly direction (toward the center) by about
5
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-64-Christy's of Cape Cod,LLC
Special Permit,Section 3-3.6(3)(A)Conditional Uses in HB District
30-45 feet so the site will now have one entrance on Route 28. The curbcut will be widened to
approximately sixteen (16) feet in and sixteen (16) feet out with an island down the middle.
The landscaping plan was discussed. The Board was pleased with the new plan. Ron Jansson
requested the applicant add 6 to 8 white firs (Abies concolor) to the rear of the lot.
Public Comment: No one spoke in favor or in opposition to this appeal.
Findings of Fact:
At the hearing of December 15, 1999, the Board unanimously found the following findings of fact as
related to Appeal No. 1999-64:
1. The applicant, Christy's of Cape Cod, LLC, is seeking a Special Permit pursuant to Section 3-
3.6(3)(A) Conditional Uses in the HB Highway Business District.
2. The property address is 317 Falmouth Road/Route 28, Hyannis, MA as shown on Assessor's Map
292, Parcel 005. The property consists of a 1.78 acre lot at the southeast corner of Route 28 and
Bearses Way.
3. The site is presently improved with a self-service fuel station. The petitioner is proposing to renovate
and reconfigure the existing self-service fuel station.
4. The applicant is proposing to construct a building of approximately 2,500 square feet to be used as a
convenience store and a 16 seat coffee shop with a drive-up window.
5. The applicant has submitted a revised site plan (last revised on 11/5/99). The revised plan was found
approvable by Site Plan Review on November 18, 1999, with conditions.
6. The subject property is a gateway property entering into the village of Hyannis from both the west and
the north. The applicant's proposal is a substantial upgrade in terms of signage, vegetation and
building construction. The applicant should be applauded for his efforts in improving this site.
7. There have been some significant changes made since the original site plan. These changes were
discussed in depth at numerous hearings and are a matter of record.
8. The addition of the proposed coffee/donut shop and convenience shop to the existing gasoline station
will not significantly impact the operation of the intersection of Route 28 and Bearses Way.
9. This use will not substantially adversely affect the public health, safety,welfare, comfort or
convenience of the community.
10. The application falls within a category specifically excepted in the ordinance for a grant of a Special
Permit.
11. A site plan has been reviewed and found approvable in accordance with Section 4-7 of the Zoning
Ordinance.
12. After evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning
Ordinance and would not represent a substantial detriment to the public good or the neighborhood
affected.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject
to the following terms and conditions:
1. The property shall be developed in accordance with the submitted plans, copies of which are in the
file, titled"Proposed Christy's Market 317 Falmouth Road, Barnstable(Hyannis), MA", dated February
10, 1999 and last revised on November 5, 1999,with the following changes:
-the radius of turn at the Bearses Way entrance/exit shall be increased to 20-25',
-a"Do Not Enter" sign shall be installed as noted on the revised site plan, and
-the westerly most curb cut on Route 28 shall be closed and the remaining curb cut on Route 28
shall be moved approximately 30-45 feet west towards the center of the lot with a width of
approximately 16 feet on either side of the proposed island to allow one entrance/exit for right in
and right out turns only.
6
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Appeal No. 1999-64-Christy's of Cape Cod,LLC
Special Permit,Section 3-3.6(3)(A)Conditional Uses in HB District
2. The applicant shall comply with the revised landscaping plan dated February 10, 1999 and last
revised on October 19, 1999 to include eight(8)white firs (Abies concolor) on the rear of the lot.
3. The use of the property is limited to a 2,520 square foot retail convenience market and coffee/donut
shop with a maximum of sixteen (16) seats and a maximum of three(3)fueling stations (6 pumps).
4. The property shall be required to hook up to Town sewer when it is available.
5. All requirements of Site Plan Review shall be met.
6. The locus shall comply with all State Building Code, Town of Barnstable Board of Health and State
Fire Prevention Regulations, and all requirements of the Conservation Commission before an
occupancy permit is issued.
7. The locus shall comply with all sign regulations of the Town of Barnstable.
8. Prior to the issuance of a building permit, this plan must be approved by Site Plan Review with the
modification showing the westerly most curb cut on Route 28 closed and the remaining entrance on
Route 28 moved approximately 30-45 feet more towards the center.
The Vote was as follows:
AYE: Richard Boy, Ron Jansson, Tom DeRiemer, Ralph Copeland, and Chairman Emmett Glynn
NAY: None
Order:
Special Permit Number 1999-64 has been Granted with Conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the
Town Clerk.
Ir4o4�� - &-C,
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day o 2 under the pains and penalties of
penury. _ p
L
Linda Hutchen der, Town Clerk
7
Ret14o mapper ownerl owned addr city state zip
64
292 005 SOUTHLAND CORP %CHRISTYS OF CAPE COD LLC 130 BEACH ST COHASSET MA 02025
292 006 SWIFT, WILLIAM P P O BOX 336 BARNSTABLE MA 02630
292 007 JAMESON, ROBERT H 438 HEARSES WAY HYANNIS MA 02601
292 009 WINER, HOWARD A TR 4 WINER, ERIC J. P 0 BOX 741 S YARMOUTH MA 02664
292 029 SZAREK, MILTON L 1320 MAIN ST COVENTRY RI 02816
292 030 VROTSOS, ANDREW JEAN A VROTSOS 31 WOODCHESTER CIR WALTHAM MA 02154
292 077 CHRISTYS REALTY LIMITED PRT 130 LIBERTY ST, UNIT 4 BROCKTON MA 02401
292 137 MASSACHUSETTS, ,COMMWLTH OF DEPT OF PUBLIC WORKS 100 CAMBRIDGE ST BOSTON MA 02202
292 139 BARONE, SALVATORE & BARONE, THOMAS 252 ELIOT ST S NATICK MA 01760
292 140 SANTOS, NOEL TR RESIDENTIAL INVEST TRUST 305 MEGAN RD HYANNIS MA 02601
292 141 SANTOS, NOEL TR RESIDENTIAL INVEST TRUST 305 MEGAN RD HYANNIS MA 0260'
292 142 TESCONI, ERNEST J & JEAN W *CARR, ADA M P O BOX 828 HYANNIS MA 0260_
292 143 WINER, ERIC J PO BOX 741 SO YARMOUTH MA 02664
292 144 WINER, HOWARD A TR 38 SISSON RD HARWICHPORT MA 02646
292 145 BOLOS, NICHOLAS & FRANCES L BOORAS, PETER.A & JOAN 15 KETCH LANE SQUANTUM MA 02171
292 229 NG, KIM HOK-KIN & ANNA Y 3 ANNABEL LANE FRANKLIN MA 02038
292 230, LEMISE, KRISTIN A & KANNALLY, KETTH & KADI A 12 QUAKER VILLAGE LANE E SANDWICH MA 02537
292 231 WIDMOYER, OMER i WIDMOYER, NINA N 17 ALICIA RD HYANNIS MA 02601
292 266 HOLUBOWICH, MICHAEL & ROBERTA& HOLUBOWICH, CHRISTINE M 49 AVALON CIR OSTERVILLE MA 02655
292 267 MADDOX, GEORGE&RODERICK,D K %US HOUSING &URBAN DEVEL 10 CAUSEWAY ST BOSTON MA 02,222
292 268 MAILLHO, OCTAVE P VIKTORIA MAILLHO 20 ALICIA RD HYANNIS MA 02601
292 269 FRANK, SALVATORE JR &HARVEY 8 ALICIA RD HYANNIS MA 02601
292 287 CAPE COD CHRISTIAN CENTER %DOBRIENT, THOMAS W 307 FALMOUTH. RD HYANNIS MA 02601
292 288 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601
292 303 CHRISTYS REALTY LIMITED PRT 130 LIBERTY ST, UNIT 4 BROCKTON MA 02401
293 001 BARNSTABLE, TOWN OF (MUN) 367 MAIN STREET HYANNIS MA 02601
97 SILVER LEAF LANE W YARMOUTH MA 026'
293 008 RESTEN, HARVEY B
AZ 5
293 009 LEVESQUE, EDGAR H %LEVESQUE, EDGAR H TR 7743 EAST NEVILLE AVE MESA 05753
293 010 DEAN, JOHN C TR, DJM -RLTY TRUS ! DEAN, MARK E PO BOX 603 MIDDLEBURY VT 53
5753
293 028 DEAN, JOHN C TR, DJM RLTY TRUS DEAN, MARK E PO BOX 603 MIDDLEBURY VT 0
293 031 BABCOCK, MILTON M & ANN B tSHOESTRING PROPERTIES LP 297 NORTH ST HYANNIS MA 022601601
293 038 DOHERTY, JOHN G & KATHERINE 42 WAREHOUSE RD HYANNIS MA 02601
Proof of-Publication
LEGALNOTICES
Town of Barnstable Zoning Board of Appeals
Notice of Public Hearing Under The Zoning Ordinance
for June 02 19
99
To all persons interested in,or affected by the Board of Appeals under Sec. 11 of Chapter
40A of the General taws of the Commonwealth of Massachusetts,and all amendments
thereto you are hereby notified that:
7:15 P.M. Peacock/Lawton Appeal Number 1999.61
James 8 Claire Peacock and David aZ Joyce Lawton have applied to the Zoning Board of
Appeals for a Modification of Special Permit No. 1999-01 for a Family Apartment. The
applicants have modified the original plan due to requirements of the Conservation Commis-
sion.The property is shown on Assessors Map 117,Parcel 022 and is commonly addressed
as 100 Meadowlark Lane,Osterville.MA in an RC Residential C Zoning District.
7:45 P.M. Lahteine Appeal Number 1999-62
Adrian and Brenda Lahteine have applied to the Zoning Board of Appeals for a Special Permit
pursuant to Section 2-5.1(1) Temporary Use Regulations. The applicants are seeking
permission for temporary occupancy of a trailer on their property during construction of a
permanent home.The property is shown on Assessors Map 009, Parcel 001.003 and Is
commonly addressed as 4910 Falmouth Road/Route 28.Cotutt.MA in an RF Residential F
Zoning District.
8:10 P.M. Ulmatainen Appeal Number 1999-63
William A. and Linda Uimatainen have petitioned to the Zoning Board of Appeals for a
Variance to Section 3-1.4(5)Bulk Regulations-minimum area and lot frontage-to allow the
transfer of a triangular parcel of land.approximately 554 sq.ft.in area,from the abutting lot
to the south(Lot 7)to the petitioners'property(Lot 8).The transfer of this land will reduce
the lot area and frontage of Lot 7.The property is shown on Assessors Map 101.Parcel 21
and is commonly addressed as 525 Flint Street:Marstons Mills,MA in an RF Residential F
Zoning District.
8:30 P.M. Christy's of Cape Cod,LLC Appeal Number 1999.64
Christy's of Cape Cod,LLC has applied to the Zoning Board of Appeals for a Special Permit
pursuant to Section 3-3.6(3)(A)Conditional Uses.The applicant is proposing the renovation
and reconfiguration of an existing self-serve fuel station to Include a convenience store and
coffee shop with drive-up window.The property is shown on Assessors Map 292.Parcel 005
and is commonly addressed as 317 Falmouth Road/Route 28.Hyannis.MA in an HB Highway
Business District.
8:45 P.M. Kelly Appeal Number 1999-65
David M.and Susan B.Kelly,Trustees of Pirates Cove Trust If 1 and#2 have appealed the
decision of the Building Commissioner.The Building Commissioner has determined that the
upper level of the proposed new dwelling would constitute a third story.The building height
in residential zoning districts is limited to 2 1/2 stories or 30 feet,whichever is lesser.The
property is shown on Assessors Map 051,Parcel 005 and is commonly addressed as 81
Pirates Cove,Oyster Harbors,MA in an RF-1 Residential F-1 Zoning District.
8:50 P.M. Kelly Appeal Number 1999-66
David M.and Susan B.Kelly.Trustees of Pirates Cove Trust air 1 and M2 have petitioned to
the Zoning Board of Appeals fore Variance to Section 3-1.3(5)Bulk Regulations-Height.The
Petitioner seeks permission to finish and make habitable a 555 square feet area on a third
level together with an 83 square feet observatory deck on a new dwelling being constructed.
The property is shown on Assessors Map 051.Parcel 005 and is commonly addressed as
81 Pirates Cove,Oyster Harbors,MA in an RF-1 Residential F-1 Zoning District.
These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367
Main Street. Hyannis, Massachusetts on Wednesday. June 02. 1999. All plans and
applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable.
Planning Department.230 South Street,Hyannis,MA.
Emmett Glynn,Chairman
Zoning Board of Appeals
The Barnstable Patriot
May 13 E May 20. 1999
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Assessor's office(1st Floor): W- d
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Assessor's map and lot number — '�- ,w,`� Z LE®9N C MPLIAN—C Pao
Board of Health(3rd floor): WITH"nTL.E 5 d�
Sewage Permit number 'Z�,, E'�VMDNRMENTAL CODE AND = BJSdSTABLL
Engineering Department(3rd floor): 4GD rJS �'® N�EG���®N� moo M 9
House number 6 �0
Definitive Plan Approved by Planning Board 19 . �a Nil
APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M.only p 1
A P P R o V TI)OWN OF BARNSTABLE /Xt7
�8lastable conservation CammiBV I L D I N G INSPECTOR
PERM.
SignedObw
leg PPE OF CONSTRUCTION
✓ �Ol��fiv �//� f 19 �S
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location %�e!�e �.r G.�91.1 ,� a S Z
Proposed Use ` e
Zoning District Fire District
Name of Owner ye� �' �P°���'` Address %� �r ��X J
Name of Builder X 171 /-��e.4" Address -2J" i
Name of Architect /7 hl-� Yam'✓VOC- Address -r4 4/,),4e-o
Number of Rooms 2 Foundation
Exterior !�2 Roofing
Floors Interior �T�✓�'
Heating S � Plumbing
Fireplace Approximate Cost P
Area
Diagram of Lot and Building with Dimensions Fee
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OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the a e construction.,
Name / 2—
Construction Supervisor's License
No Permit For �+
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Location
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Type of Construction a
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Plot Lot
Permit Granted 19
Date of Inspection 19
Date Completed 19
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Assessor's map and lot number,�....�... ..��..........."'.....
Sewage' Permit number ..............................................,...........
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1 tNET`�O w TOWN OF BARNSTABLE
'* • i; •tee
0 9 BAHBAS&LE,� c* ri
039 131.1Ij101NG INSPECTOR
'FO dPY A`'
,aze Lxisting and Build New Gasolina ti " S
APPLICATION FOR PERMIT TO .....................................................`�'y'.............................. ........................................
TYPE OF CONSTRUCTION ..............................................................
�. .........5/27..............................1926..
TO ,THE INSPECTOR OF B!-; LDINGS:
-+. The' undbrsigneld•`nereby applies for a pdrmit according to the following information:
Location .southeast Corner Route 28 (Falmouth Road) and Bea rse' s Way
• r
` Gasoline Station
Proposed Use ............................................................................................................:................................................................
Zoning District .................................................Fire District
Name of Owner Cities Service Oil Company Address 10 Forbes Road, Box 720, Braintree, MIA
.....................................................................
Name of Builder N/.A.............................................................Address
Koller Ass o!iates, P1;. .., Nineteen Richardson Rd., newton, MA
Name of Architect ...:r•. J...Kelleher. ATA.....................Address626 Fit t Twenty-First
...................... ...•............................................................
Number of Rooms ...dne ......Foundation Poured Con^.rete
..................................................
Exterior ...��i: ^ ...Roofing Metal .......................................................
....................................................................... .............................
Floors C c�cae ....................Interior "
................................................................. ................-......................................
r
Heating '' ...........................Plumbing
h
Fireplace Y! ne........................................................................Approximate Cost . ?.30,000...................................................
Definitive Plan Approved by Planning Board --------------------------------19--------. Area 2,160 sq,' feet
. ....................
Diagram of Lot and Building with Dimensions Fee $97'20
. .............................................
SUBJECT TO APPROVAL OF BOARD OF •HEALTH
f
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name ......... .... :.............
Cities Service Oil Company A=292-5
18449 demolish existing gasoiine
No ................. Permit for .....................................
station and build new gagoline station
.............................................................I...................
Route 28 & Bears/es Way
Location ..........................
Hyannis
................... .............lml.................
.......................... r.
Cities Service Oil Company
Owner ................................
ry
Type of Construction .........m4on & metal*
.................................
4 . .......................................... ...............................0...
Plot ............................ 'Lot ................................
Permit Granted ....... . Le 11................19 76
. ...............
Date of Inspection .1.............................19
Date Completed ...... ...............................19
-i..............................
PERMIT REFUSED
.................. ............... ............................. 19
.. ............ ..... ..............................
...... ...................
. . .. .....PE
RMIT..R.M. . ........
.. .. . . ........ .
.......... .......... ....... .... ..... ............I..q. ............
....................................... .... ... .. . ......................
.
Approved ............................... ................ 19
...............................................................................
...............................................................................
Assessor's map and lot number ... .� ''�,' �! Qi1v f C r — V� ,2,3
...........................
Sewage Permit number`! ........ /??� fe�r.r. !� .at.. .......
�ofTHET,�° _ TOWN OF BARNSTABLE
�; i BJ$B9TAIILE, i
;pYb®r BUILDING INSPECTOR
.
APPLICATION FOR.:PERMIT TO .......!.. ..,� � ... ....... ... ? �Cam............................
TYPE OF CONSTRUCTION ��f; ..�-O..`/ ;1. .... .... ....f....:...... �T...... ..
TO THE INSPECTOR OF BUILDINGS: _ J
The undersigned hereby applies for a, permit according to the'following information:
Location i' tfi f "-��/� /7' ; iF�'i�fif t�`,r�1��
.................:M................ ............................................... `.... =
Proposed Use AW..¢!A/I�fJ. .............................................................' J ' ...'!v` /'................................... .i..
ZoningDistrict.................................le- .................................Fire District ...........................................................................
Name of Owner �.'/�: f.�+!�'•r�,/�D �!/�G... '...Address ....-..,...c'! .`..... ..... '+Q..//��/�....��e?....`:-
Nameof Builder .................,.......... ..........:.......:.+..:.........,.....Address .....................................................................:..............
Nameof Architect .................""':...........................................Address ....................................................................................
&Me
Numberof Rooms .............................................................:....Foundation ................... .4.....!r:..:• ............................
foe
Exlerior .(••% f.��/ .
Roofin
Floors ....._......................................:.................................:........Interior ....................................................................................
Heating ..................................................................................Plumbing ..................................................................................
G7
Fireplace ..................................................................................Approximate Cost .... ........................................
Definitive Plan Approved b Planning Board ______________ �
pP Y 9 ---- - 19 -. Area �:�.......
Diagram of Lot and Building with Dimensions �',,G,d, / Fee
SUBJECT TO APPROVAL OF BOARD OF HEALTH
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I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
- �
Cities. Service Oil Company A=292-5
19048 Zvenng patio
Hyannis
steel
77
March 25
........................\ \
f Approved ................................................ 19
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>i OWN OF BARNSTABLE
BUILDING DEPARTMENT � �.
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I saut,sT i TOWN OFFICE BUILDING
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.+679- HYANNIS, MASS. 02601
-APPLICATION FOR SIGN PERMIT DATE ����l� 19
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
Owner ' /`) Street- Rd.
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Zoning District Fire District
OWNER OF PROPERTY
Name CN�i S�,✓ /�/e %\7
Address
City %itJ P;:Z- yJ"- SL AzZip Tel No.( )
Area Code
SIGN CONTRACTOR aJ
Name lGD 'y,%4O/l
Address
City St.C2,-W, 1VA)-41e_--2 Zip Tel No.( ) ,3Y-/ '-7,3 2-1
r Area Code
Type of Construction �/ 5`/eo�� P�Lr��'
yp • � � Free Standing or Attached
41 drevncI (, �f O C 2uL✓j/tdr�G � CRIPTION
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 V/ No If "Yes." who is The electrical contractor t
taco Jim /UC
Area FOR OFFICE USE ONLY
DATE DATE DATE
Permit Fee � Q� �� DEPT. ROUTE RECEIVED APPROVED REJECTED INITIALS ,
PLANNING
Mail permit to: &ZONING
ELECTRICAL
INSPECTOR
BUILDING i
INSPECTION
1 hereby certify that I am.the owner or that I have the authority of the owner to make application• that the informatio-
ttgiven is correct and.that the use and construction shall conform to all the Rules ands Regulotion�the Town of Bamsttatle
which are imposed on the property. CC
_3 193
Phone Sign ure o1 sign ow /authorized ag.erit
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THIS PROPOSAL DRAWING CONTAINS ORIGINAL ELEMENTS CREATED BY VIEWPO NT SIG AND AS SUC_ PROTECITED BY LAW.THIS LAYS QU1S THE SOLE PROPERTY OF VIEWPOIIINSIGN A DAIS IN' ED FO�OURIREVIEW AND APPROVAL PURPOSES 0 L. Y�-A 1USE BEYOND THESE PARAMETERS IS PROHIBITED■WITHO_UT THE CONSENT OF V EWPOINT SIGN AND AWNING.
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alco sign co.,inc.
270 HOWARD ST. BROCKTON. MA.
�t i ' APPROVED BY f '
SCALE. .} y DRAWN BY
DATE
i 3� WAS
s. DRAWING NUMBER