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1220 IYANNOUGH ROAD/RTE132 (10)
,l F TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 00 7 r rV tiF� l . Permit# ��.�L legs ek'c�j 3`�3 0 4,=J�_ Date Issued�1 Conservation Division Tax Collector• Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board . . l Historic-OKH Preservation/Hyannis i F Project Street Address 21, 2 V6,q t4fT', /07" ey-- Village �� i9N✓✓� Owner L 1 ivC'= rhfirdt OG G �✓� Address Telephone Permit Request 11 Sl a"� ` c 2� « Square feet: 1st floor: existing • proposed 2nd floor: existing proposed Total new Estimated Project Cost O Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. _ r s Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑.Yes ❑No On Old King's Highway: ❑Yes ❑No "Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):;existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size` Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:U. existing ❑new size Other: Zoning Board of Aps Authorization. ❑ Appeal# Recorded❑ Commercial �Yes ❑No If , s p review es site Ian r vi w# y �j Current Use /i' Proposed Use BUILDER INFORMATION w��1 � Name �i�� - Telephone Number Addres Fay �U 5License# Home Improvement Con ractor# r Worker's Comperisation# ALL CONSTRU TI DEBRIS RESULTING T PROJECT WILL BE TAKEN TO z� �-- • SIGNATURE DATE ry r , , FOR OFFICIAL USE ONLY PERMIT.NO: DATE ISSUED 12 MAP/PARCEL NO. 3$ _ ' ADDRESS fes VILLAGE OWNER c DATE`OF INSPECTIO A FOUNDATION FRAME • f� o, ; { t INSULATION ' s FIREPLACE ELECTRICAL. ROUGH .FINAL' PLUMBING: ROUGH FINAL*,,! - - < f •GAS: ROUGH FINAL. FINAL BUILDING• y DATE CLOSED OUT ASSOCIATION PLAN NO. fir- N M � � LL 4 rkv .. ri :{ n \1J © - - ' zz- 02. CA ez j 0, oc LY ' 2 f Cl i aSo1� � OJI i .� Y �1 A b � 1 ( -Z y %� � „� � 1 ;;ter:m -, ,,� � r•"-.. N Uf t57 _ iN � ' Small StorageAll o� yf�,`,,,✓ �, �r \ ���� oLkj,. Soun roo� _ .�......_...... ....... Bathroom -wmit DS 's SF-r Box cot Sy Tape Stems 1 �V Ygn it3 DVDN VCR � v� St +�Pi- Rec. i jh Qj fI Rec. Window Window uy�,h The measurements are estimates. The Commonwealth of Massachusetts Department of Industrial Accidents 600 Washington Street Boston,Mass. 02111 satin a`f�'Y%////Af fildavit %�////////�%//////////%//r'�<..... / name: location: t city phone#11Sd ❑ I aXomeownerperfbrming all work myself. i, I am a sole Proprietor and have no one working in any capacity ❑ lam an employer providing workers' compensation for my employees working on this job. comnnnv name: address: :>;. :... city: phone#• insurance co. V01icV# sin a sole"proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the folloning work ' co pensati n poi' es� com any name: address: G d G' dtv: .. hone Insnrnnce crt: L�r'... ////////////////////i/a////////�////////////////%//////// comnanv name- address- city- ... phone#� .... . .... ....... ... ..... ............ .... ..... .. .:.. .. ..:. :. :::�.:•:.�.::.. .... ... insurance co. ..:. .::;.;.;:' .. .::...:.:::.:..... :...:.::.>:...:. olicv# ;..:;.;:>;<:<:>;.:<��::#�:<::�;:;::::'::::::><:•>::.::,:.>:;:...>.;.:>:....:;:: %%G//////�///%%���/ / / Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to S 1.500.00 and/or one years'Imptisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DU for coverage verification. I do hereby cert a r t e p en ies j e ' ry that the information provided above is trap, andco g1rect i �Signature Date _ Print name Phone# S)Oo Cchceck nly do not write in this area to be completed by city or town oMcial permit/llcense 0 ❑Building Department[3Llcensing Board mmediate response is required ❑Selectmen's Office❑Health Departmenton: phone tt; ❑Other..., ........ (mvum*95 FIA) Information and Instructions s Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receive:c: trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renews: of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither.the. commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contract authority. , Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or licease is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permittlicense number which will be used as a reference number. The affidavits may be renuaed io the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you iii advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents 0mce of IW8sugatlons 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 eat 406, 409 or 375 -} — BUILDER INFORMATION - Name V ICY f�C I�� Telephone Number Address �6 t t ow"-b ��' License# G .t,t,� ' %AfW007`6M. OA . D Home Improvement Contractor# Worker's Compensation# �/(t4, 1 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO r %�,/-�'G`iCB� SIGNATURE DATE Z` 6� BUILDER INFORMATION Named �;�i'�Y �? r� Telephone Number / - /�7/ Address License# d D - 0 AL, ,�� Home Improvement Contractor# „ / C/Y . �I Worker's Compensation# L ��n 2 o ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE > DATE TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION `Map �`�y Parcel 007 ' H0O 4 .R00 Permit# 8c5;-`� WNNECTED SEWER ACCOUNT Health Division A # Date Issued I t'I0_ moo Conse ation Division �LL Fee '�� Tax G,Ilector Application Fee ©G Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address TAn0006 9b 66-/qy S AZ.4 6*VI /0 Village ��ucr�lhi Owner �� —L�e— ��ll�1 f _rkgf- 6�Address /- O. QLc / '7Z( /—���l�✓oJ��, /1'I/� Telephone —L Permit Request f�e�10JZ & M Or�P -�G� �E� �o'��/�5 15u5 Square feet: 1 st floor: existing IN? proposed l oU r 2nd floor: existing proposed I need Valuation i�7 �� ,�� Zoning District Flood Plain G ndwater Overla Construction Type -� Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supportin documw.tation- , cx: Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure / XLe 5 Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes' ❑ No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other SCAB Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing c1 new Number of Bedrooms: existing new Total Room Count(not including baths): existing Z new First Floor Room Count Heat Type and Fuel: Q Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes C(No Fireplaces: Existing 0 New Existing wood/coal stove: ❑Yes ❑ No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization 3--Appeal# 2 j — 5`` Recorded❑ Commercial Ur/Yes ❑ No If yes, site plan review# _ Current Use g<evr ��y �CF�J ,�- Proposed Use BUILDER INFORMATION .1�►�l�s ��Sve�iart� Sod 8©� 3 g 3d Name Telephone Number Address a2 A U674177 6K W. License# CS 055770 gQC1d 0A6 y Home Improvement Contractor# T �626 Worker's Compensation# 61'OW 3295505 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE As T FOR OFFICIAL USE ONLY r PERWTt NO. r DATE ISSUED MAP/PARCEL NO. ADDRESS: VILLAGE OWNER. - f DATE QF INSPECTION: ' y FOUNDATION FRAME". y l ` �`� �`u t C- t .? _ '-� • INSULATION > , FIREPLACE I - ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION'PLAN NO. r - Departtment of inaustraat Acesaana office of Inveidgsdals 600 Washing lax Street Bostara,MA.02111 www.massgovldia Workers' Compensation Iusmnee AMdavit:BuRders/Contractors/Electri imWlumbers Apybeat f Name Musin pniza ivy:/ c` tt Address: bx 0ii GYty/StawZip: ,tv Phone#: Aab-wapd .tea 1 Are you an employer?Check the-approprime box: Type of project(required): 1.8 I atn a anploYer with�_ 4. n i am a general contractor and I 6. [ZNew comucdon e�loyex:s(full and/or part time).; have head the sub-ca atractors 7. ❑Remodeling 2.❑ I am a sole proprietor or per- listed oa the attached sheet t ship and have no sir VI0Yees These sub-convacZors have 8. ❑Demoluion workers' comp,insurance. 9. Buildingaddition working for Inc is any�ptY• 5. ❑ We are a co ration and its D [No workers'comp.insurance m° 14.Z Bleetrical npairs or additions requind.l officers have exercised their 3.❑ I am a �'doing all work nght of exemption per MGL 11.❑Plunking repairs or additions c. 152,§1(4),and we have no 12.0 Roof repairs myself [No workers comp- , iasuraas�m4�e&]t eaVloyees. (No workers I3.0 Outer comp.insurance required.] `�►Y appbcattt that oboe box#1 must also f U out the section below showing their WGdM i'ooaepenearioa potiey Via: 1 liomeownots V&atbmit nets affidevit they ere doing an wont and then biro outside aontmctors must auba*a vow affidavit kdicedag such. =Contragm.*M deck this box now anadied=additinel cheat sbowing the ne m of the sub tractors end their woftn'cutup.-poW boa. I atn an exp&vyer that Is providing workers'compensation Insurance for joy emp6yeas below is tl o pegW and job sW Infernta" Insurance Company Name. ,e..— policy#or Sul-ins.Lic• liat EVirstioa Date• 011n,16a Job Site Address: City/stattaip: Attach a copy of the workers'compensation policy dedarsdon page(showing the policy number and expiration dote). Par"hue to secure oovenge as required under Section 25A of MGL c. 252 can lead to the imposition of erirainal penalties of a fint;up m$I,5oR.n4 and/or onayear imprisonment, as well as civil penalties in the fora of a STOP WORK ORDER and a fine of up to$25o.00 a day against the violator. Be advised that a copy of tills statement maybe forwarded lb the Office of Investigations of the DIA for insurance coverage verification. d do hentby Gerd under the pains pe of perJury that the information provided above la true and eorreeL offldlal use only. Do not write Ix this area,to be completed by city or town offl daL City or Town: Perniit/x.icense# f Issuing Authority(drde one): 1:Board of Health t.Building Department 3.Cityrrowrt Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Otber Coact pMpII; Phone#: r 124111 ACOIRA. CERTIFICATE OF LIABILITY-INSURANCE 01113= weoouceR THIS CERTIFICATE IS N6 J10 A MAMR OF I N Dowling S 0'Nett bmunme ONLYMOLD N TWO tCA0 TE M UDOES OTTH AMEND.EXTEN OR NTIVOICATO A�ncy ALTER THE COVERAQE AFFORDED BY THE POLICIES BELOW. 222 West Main St.PO Box 1990 Hyannis,MA 02801 INSURERS AFFOtOM COVERAW NAIC P wsuaeD msuomA: St.Pad Robert Hitioidey 8 Son,NIc. ROMER a Owed Insu►anm P.0.Boxx 6ti1 Canter MIS,FAA 02682 INBIJ;lER C W WRHR D: wsuleER E COVERAM THE POLICIES OF W9URAWDE USTPO BELOW HAVE BEEN ISSUED TO THE WSUREDNAMED ABOVE FOR THE POLICY PERIOD IMMATED.NOTiMITHStANOM ANY REOUIREMENT,TERM!OR COMMON OF AW CONTRACT OR OTHER DOCUMENT WI17i PAWWTTO WHCH TM CERTF"TE MAY OE ISSUED Oft MAY PERTANV.THE MMANCE AFFORDED BY THE POLICIES DESCROPM HEREIN IS SUBJECT TO ALL THE THiMB,EXCLUSIONS AND CONDtit"OF SUCH POLICIES.ABQMWE UNITS SHOWN VAY NAVE BEEN REDUC_D BY PAID CLAIMS. 011.Um roao►WAIIARAIR:S /oAdO mumam Liam A eAumMA.IAAeiLArlf. SK02013"D OWN 01l0U08 A>Am,*C*Jmm= : x Ce►AMIEROIALtifNAtRALLAgmm «ALAI.mom ®00" aM : vFmoNAL.Apvwww i1 immol" R OBi'I.AGOREOATE LIWTAPKIEe►l!E PROCLIDr>t-COAIPIO'A0A PQLICY LOC AUNUNUI UADILRY ii1QLRLYMIT AWAM ALLGWIEDAIlTOi �Lam}Ry 904MULEDAUM i }II�,DAUIOB ��N�lRY s i NDN-0NIA1W AV= (P�rraddMK}�� _ *ARAUE UAWJM AUTO 2%y.-EAAOd W— ANYAWO O rAIAN UACC i AIROaI*Y *148 tYCAN1iNMB11eLLA LUIfliLRY GCAI NCE i o=m M CIJUMIi AIABE I AOORLBA PEDUCiKE B WORKeR CMISMArMA M ROWC61SM 01101/05 011181110111 LurKnv EL.EAMACCOW 8100000 ILL D -FA $100 000 r d�ewb► £1.omaAm.pomLNieT 07ARR nesewrrlON a el�ir<AmNs,LocAr,als,veld,ExcLI,iA011s ADpeD sr U�IDORi@AIi,iT,SveCIAL POtoNAYfONi Ope►attons pedomwd by Nw named insured subject to Policy conditions and exclusions. C iucRlLo ANY ThE ADOVD OEiCAIAIeD roUpei*e CrUie�use walAs rAal <AA>fAON Town of 6srtAsgtbM cAre rNA�eor,rAlAl aeu�No erivaa we,t ewoeAv+gtmaAit �Q_ oAYa wuner •'Town MOM TO r11e CeIt11FiCArs HoiJ>�N4YrA ro"Le"iYf►ARURR 70 00 i0 iNAU Town 'MONO MUM" LMWM o/AM OW UFO Tlat Ifli Hyannis, .MA 0260t A UM ITiA*OtTf CR AUTNOMM JUW . ArNe ACORD 25( JOD)1 af Z NM6Mb isi •ACO1tD ot>�oRJ►TroN ibis Client#_2W17 CARLRIE ACOWDn CERTIFICATE OF LIABILITY INSURANCE s?610('sue' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rogers&Gray ins.Agency,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 434 Route 134 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES 41ELOW. P.O.Box 1601 South Dennis,MA 02660-1601 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Peerless'Insurance Carl F Riedell &Son,Inc. INSURER8: 778 Main Street INSURER C: Osterviie,MA 02655 INSURER D: INSURER I-: COVERAGES 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ItaR LTR TYPE OF INSURANCEOLI POLICY NUMBER PDATE EFFECTIVE PMMINM DA�EXPIRATION LIMITS A GENERAL LIABILITY CBP8039518 05/01/05 05/01/06 EACH OCCURRENCE $1000 000 X COMMERCIAL GENERAL umiurY DAMAGE TO RENTED $10 OOD CLAIMS MADE a OCCUR MED EXP(Any are person) $5 000 PERSONAL&ADV INJURY $1000 000 GENERAL AGGREGATE $ 000 000 GBA AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000.001) X POLICY LOC A AUTOMOBILELWBIM BA8032419 05/01/05 05/01/06 COMBINEDSNGIEUMIT ANYAUTO (Eaaaaderd) $1,000,000 ALL OWNED AUTOS I BODILY NJURY X SCHEDULmAUTOS (Perp--) S X HIREOAUTOS BODILY INJURY $. X NONDWNEDAUTOS (Peracdd-4 PROPERTYDAMAGE $ (Per aced-4 GARAGE LIABLITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESSMMBRELLALWBIUTY EACHOCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AND WC STATtI OTH- EMPLOYERSLIABRnY ANY PROPRIETOPoPARTNERIMCUTNE E.LEACHACCIDENT $ OFFICEPJ MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S U yes IAL PROVISIONSbelow� � � EL DISEASE-POLICY LIMIT $ SPEC OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BYENDORSEmENTI SPECIAL PROVISIONS The Worker's Compensation certificate will be sent directly by the company CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION James Bird DATE THEREOF.THE ISSUING INSURER YNLL ENDEAVOR TO MAL In DAYS wmr nEN 2 Windjammer Lane NOTICE TOTHHE CERTIFICATE HOLM NAMED ToTMELEFT,BUTFAWRETOBDSOSMALL South Yarmouth,MA 02664 IMPOSE NO OBLIGAMM OR LIABILITY OF ANY KUM UPON THE DWURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25(2001108)1 of 2 #S18061IM16056 DMW 0 ACORD CORPORATION 1988 �• • '••�YY►—V9—YV VV•V VMIY f1V111-/11Y VIv .I1V VVVV 1 Vry I•vvrl Yvr I VVI �;,''�"'��� ,.. ..� IJ 'II_-' .F.:'•_ :° ':'..•• �•�iKi• .a•1]� •.• _ Iwo• •I',�_ :. .� i .. pi ,;pp, '�ikl :•:: �.'•'��' �'. �I. -. h•*. c• / T{•, ',r..,�. .: - �� ' :1: 1. •; �Y•j•:Y,; _. 'IC• i:�~ iulfr . E OF��INS�IR � CE l•1. GI'.:• y��. �� .•,•� •I� � a' a ti11. 1 a4�. .- _N• •P ='.!1•. It•'• ./.�1'�j,•••r s •.� ,� �r PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFICATE Rogers&Gray InS Agcy Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Po Box 1601 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW South,Dennis.MA 02660-1601 COMPANIES AFFORDING INSURANCE COMPANY A GRANITE STATE INSURANCE COMPANY INSURED Carl F Riedell&Son Inc 778 Main Street Osterville,MA 026554000 CQtl�ERAGES�? ",::a +.:��. ';f,:)j.! •' ,' ; .�^ a' . . t` - :..... :�►.,� :1 , '.. THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 10R Tt1E POLICY PERIOD INDICATED,NOT WITHSTANDING 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 THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA CE POL1CYHUMBER POLICYEFFECnVEtH1TE POLIC1/E7PIRATIONQATE Y UMTm 2312872 6/0112005 5/01/2006 ATUTDRY LAARS :omrag e Apoues to mA oper uom OIdY• ACCHXW S 500,0 EASE POLICY umT S 5110,0 tKSEASE-EACH EMPLOYEE a 500.00 ESCRIPTION OF OPERATION5IVEHICLESISPECIAL ITEAIIS CERTIFICATE HOLDER CANCELLATION JAMES BIRD SHOULD ANY OF THE AWvF DESCRIBED PoLrjFS BE CANCELLED BEFORE THE EXPIRATM DATE THEREOF,THE ISSUING COMPANY WU ENDEAVOR TO MAIL 12 2 WINDJAMMER LANE DAYSWRMENNOnMTOTHECERTIF►CATEHOLDERNAMEDTOT"FI.WT BUT SOUT•HYARMOUTH,MA02864 FAILURE ToMAL SUCH NOTICE SHALLnUpoSSNaoBUcAMONORLwsILmoF ANY KIND UPON TKE COMPANY,trS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C a Town of Barnstable Regulatory Services . • Thomas F.Geiler,Director Building Division Tom Perry, Building commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-623 0 Property Ommer Must Complete and Sign This Section If Using A Builder I, /�iiYJC(C �,�jlfyrtps�l _,as Owner of the subject proper ty hereby authorize to act on mp behalf in all ma.$ers relative to work authorized by this building permit application for: 12 - /qiov (J g i{- 16 , (Address of Job) S' a of Owner Date Print Name Q.F0RW:0WNERPERNMS10N I \ Board of Building Regulations and Standards -License or registration valid for individul use only V HOME IMPROVEMENT CONTRACTOR befm r the expiation(ate. If found return to: Board of hb ilding Regulations and Standards Registration: 114026 One Ashburton Place iim 1301 Expiration: 7/28/2007 Boston,111rc 02108 -Type: DBA JEFFREY BIRD CONSTRUCTION JEFFREY BIRD Lgna 76 LONGFELLOW DR.-YARMOUTHPORT,MA 02675 Administrator ,ot v lid wit:o ee BOARD OF BUILDING REGULATIONS E License: CONSTRUCTION SUPERVISOR i Number GCS 055770 j - Expire 12[W2006 Tr.no: 6265.0 Restricted 00 T JEFFREY H BIRDS ` _ - 76 LONGFELLOW DR_ G- YARMOUTHPORT, MA 02675 Commissioner a Department oflridustrial Accidents Office.of Investigations ' 600 Washington Street Boston,MA 02111 www massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plunmbers AuipRcant Information Please Print Legibly Name (Business/orgamzation/Individual): 0 . Address: � G� ,�CSLC,a City/State/Zip: l' l�U/Lf�� �' Phone#•_ %��-- 01P Au Are you an employer? Check the-appropriate box:. Type of project(required) El1. I am a employer with 4. I am a general contractor and I 6. ❑ ew construction employees (full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet $ 7• Remodeling ship and have no employees These sub-contractors have 8. [] Demolition working forme in any capacity, workers' comp.insurance. g ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10 Electrical repairs or.additions 3.❑ I am a homeowner doing all work right of exemption per MGL 1-1.ff Plumbing repairs or additions myself.-[No workers' comp. c. 152, §1(4),and we have no 12.[] Roof repairs insurance required.]t employees. [No workers'. comp.insurance required.] 13.❑ Other ' *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information; t Homeowners.who submit this affidavit indicating they an doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the subcontractors and their workers'comp,policy inforr nation. I am an employer that is providing workers'compensation insurance for my employees Below is the policy and job site information. . Insurance Company Name: �b!mod c��( �l"v tQ eof . !7 Policy#or Self-ins.Lic.#: l��/ .p / Expiration Date: 06 Job Site Address: Y � �/y,��,�,,U City/State/Zip: t✓�t-� Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to.secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal pen0ties of a fine up to$.1,500..00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP'WORK ORDER and a fine of .p to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and Denalfies of perjury that the information provided above is true and correct . afore:. � ram. Date: Phone# - ® l' 2-' A�6-6 [L[16.i(Other icial use only. Do not write in this area,to be completed by city.or town official or Town: Permit/License# ing Authority(circle.one): oard of Health 2.Building Department 3.City/Town Clerk 4..Eleetrical Inspector 5.Plumbing Inspector tact Person: Phone#: II ' Information and instructions Massac husetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. , � contract of hire Pursuant to this statute, an employee is defined as ...every person m the service of another under any , express or implied,oral or written." An employer is defined a :"an individual,:parGpersbip�:association,Corporation or other legal entity,or any two"'. more of the foregoing.engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However.,ttte owner of a dwelling house having not more than three apartments and who resides therein, or.the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair woikvn such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or.permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence-of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its'political subdivisions shall enter into any contract for the performance of public work untiil acceptable.'evidence of compliance with the insurance requirements ofthis chapter have been presented to the contracting authority. 17 Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners; are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial 'on of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should Accidents for confirmation . be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' conapensationpolicy,please call the Department at the number listed below.. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials ` Please be sure that the affidavit is complete.and printed legibly. The Department has providedga space at the bloom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the perrnit/hcense number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"'tire applicant should write"all locations in (city or town.)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for,future permits or-h6enses..Anew affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office'of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and.fax number: The Commonwealth of Massachusetts . - Department of Industrial.Accidents ..Office 9f Investigations 500 Washington StreetM . Boston,MA 0211t. Tel.#617-727-4900 ext 406 or-1-877-MASSAFE Fax#617-7274749 Revised 5-26,705 VVIAW,mass.gov/dia 12.6" cdra•a � N O•� 2CN ;3" _. u a Z T 12- N 5'4" f� V C LO 3'-6'i �x irz I -A6 rn m. A) l F 11'-3" 6'-3" I 55'-4" i f S \N\ LO (p N Vi s • co LO rn o/ o � l� C y f � co x i 4 L>/ vJ ll0 1� 1 1 N T-� j � W Ell K' 1 17S1 F'C0724_ r!:-;74r> 1 U--I[J g-_ 1 •_�'�: tom' 11 1 0 .bP+ Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998.94-Lorusso d/bla P&ILL Inc. Modification of Special Permit Number 1990.50 Summary: Granted with Conditions Applicant: Paul Lorusso d/b/a P&LL Inc. Property Address: 1220 lyannough Road(Route 132),Hyannis Assessor's Map/Parcel: Map 274, Parcel 007.600&007.H00 Area: 1.26 acres Building Area: 15,391 sq.ft. Zoning: HS Highway Business Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The property that is the subject of this appeal is a 1.26 acre site commonly known as"Liberty Square'and addressed as 1220 lyannough Road (Route 132), Hyannis. It Is improved with a 15,391 sq. ft. commercial building consisting of general retail and a 25 seat restaurant. In August of 1990,the Board approved Special Permit Number 1990-50 to permit the alteration and increase in size of an existing nonconforming building. Approval was subject to the following condition'. 1. That the applicant present to the Office of the Zoning Board,a lease from the Commonwealth of Massachusetts for the parking area shown as Parcel C as identified on the attachment to Item#3, and entitled"Plan Showing Land in Hyannis, Mass. to be leased by Paul Lorusso from the Commonwealth of Massachusetts", Scale 1"= 80'and dated January 29, 1990. The applicant did submit an application to the State Department of Public Works to lease state owned land for the purposes of parking. On February 15, 1991, in a memo to the Building Commissioner from the Zoning Board of Appeals,the ZBA stated it voted to clarify the condition of Special Permit No. 1990- 50. It was the Board's intention"...to allow all the units within this complex to be occupied provided that adequate parking would be available". The Board further stated that"...the petitioner has the responsibility of obtaining a lease from the Commonwealth of Massachusetts...' At this point in time, the applicant has been unable to successfully obtain a lease from the state. In a letter dated July 9, 1997, from the Building Commissioner to the applicant,the applicant was advised that the best course of action would be to: 1,Apply to Site Plan Review with a new plan illustrating a different parking layout, and 2, After Site Plan Review approval,go to the Zoning Board of Appeals and request the restriction, imposed in 1990, be lifted. Rather than obtain a lease from the state for the required parking, the applicant, as advised, is seeking to modify Special Permit No. 1990-50. Specifically,the applicant is requesting that the restriction, requiring a lease for the parking area located on state owned land, be lifted. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 11, 1998. An extension of the time limits for processing and deciding of the appeal was executed. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in . Town of Barnstable-Zoning Board of Appeals-Decision and Notice �Appepl Number 1998-94-Lorusso d/b/a P&LL inc. Modification of Special Permit Number 1990-50 accordance with MGL Chapter 40A. The hearing was opened August 26, 1998, at which time the Board granted the request to modify Condition No, 1 of Special Permit No. 1990-50. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Richard Boy, Elizabeth Nilsson, and Emmett Glynn. Mark Thompson, Executive Director of independence Park represented Paul Lorusso. As proof of standing, Mr.Thompson did submit a letter to the file, dated September 01, 1998, from Mr. Lorusso which states, Mark Thompson is"...empowered to act on behalf of Independence Park Inc, P&LL, Inc., and Paul and Lila Lorusso, personally." Mr. Thompson explained that since the granting of the Special Permit in 1990,the parking has been reconfigured as shown on the plan entitled"Parking Layout Plan for Liberty Square'. This new parking plan now fulfills the parking requirements under the Zoning Ordinance for 77 parking spaces without counting those spaces located on state owned land. This plan was approved by Site Plan Review on January 8, 1998. The applicant is requesting that the restriction in Special Permit 1990-50, requiring a lease for the parking area located on state owned land, be lifted. All of the required parking is located on land owned by Mr. Lorusso. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the Hearing of August 26, 1998,the Board found the following findings of fact as related to Appeal No. 1998-94: 1. The applicant, Paul Lorusso dlbla P& LL Inc., is seeking a modification to Special Permit 1990-50. 2. The property location is 1220 Iyannough Road(Route 132), Hyannis, MA, as shown on Assessor's Map 274, Parcels 007.B00&007.1-100. The property that is the subject of this appeal is a 1.26 acre site commonly known as"Liberty Square". It is improved with a 15,391 sq.ft. commercial building consisting of general retail and a restaurant. 3. In August of 1990, the Zoning Board of Appeals approved Special Permit Number 1990-50 to permit the alteration and increase in size of an existing nonconforming building,subject to the condition that the applicant obtain a lease from the Commonwealth of Massachusetts for the parking area. It was the Board's intention in 1990 to allow all the units within this complex to be occupied provided that adequate parking would be available. Up to this point in time,the applicant has been unable to successfully obtain a lease from the state. 4. A new parking plan has been submitted which shows a total of seventy-seven(77)off-street parking spaces on land owned by the applicant. This plan received Site Plan Review Approval on January 8, 1998. 5. This modification of Special Permit 1990-50 may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. The Vote was as follows: AYE: Richard Boy, Gene Burman, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief being sought in Appeal No. 1998-94,with the following conditions: 1. Parking shall be provided in accordance with a plan entitled"Parking Layout Plan Liberty Square 1214-1232 Iyannough Rd. Route 132 Hyannis MA"prepared by Levy, Eldredge&Wagner Associates Inc. and dated 12/9197. 2 Town or Barnstable-Zoning Board of Appeals-Decision and Notice ^Appeal Number 1998-N-Lorusso d/b/a P 8 LL Inc. Modification of special Permit Number 1990-50 2. If the use on site changes and more parking is needed(more than the seventy-seven spaces now provided for),the applicant must come back to the Zoning Board of Appeals for further review, The Vote was as follows: AYE: Richard Boy, Gene Burman, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1998-94 has modified Condition No.1 of Special Permit Number 1990-50. 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) ays after the date of the filing of this decision. A copy of which must be filed in the office of the To Clerk. 1998 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. ,� >dayof I Signed and sealed this, 1998 under a pains and penalties of perjury. i r WWW Linda Hutchenrider, Town Clerk 3 BK 1 17 11 P00 r r PARS N274 D07.000 PARS R274 OD7.NDD PAIL R274 016.231 / KEYS;, 184598 TAX COPES100 KEYS 124605 TAX COMM Kits 313134 TAX CODE8100 P / LL INC P S LL-lNC NASSACNUSETIS. CONNWLIN BF PO Box 1776 PO BOX 1716 OEPT Of PUBLIC WORxs NYANNIS NA 02601*0000 NYANNIS MA 02601-0000 1001CIRBAtoll ST " $Oslo* NA 02202-0004 PAR& 1274 059. ►ARs 4??4 040.007 PAR# Atli 020. KEYS 384630 TAX C9DES100 KEYS 412299 TAX CODE000 Kill- 115702 TAX.CO9ES100 CAPE COO AGGREGATES CORP CAPE COD A66NFGATE1 CORP YIITORT CNAPEL CHRISTIAN P 0 BOX 96 P 0 BO'x 96 FILL6USNIP C4dRC* Of CC INC NYANNIS NA 02601-0000 NYANNIS 04 02601-0000 9$ SIAGATE LN NYANRIS MI 026014,0080 PARS R274 040.006 PARS 1274 040.00S PA42'8274 026.500 KETt 412280 7AX:C60,E3100 KEYS 412271•TAX CODE&100 9994 1iSO77 TAx CloE&100 CAPE COD AGGREGATES CORP CAPE Coo A6StEAATES CORP CAPE:000 A66416ATES CORP P 0 961 96 P O 801 96 ► 0.801 96 NTANNIS NA 02601-0000 NYANNIS NA"02601-0900 11y61I1S NA 0260t.0000 ►493 1174 026.1t00 PARS 9274 004.900 PAR& 2274 004.000. KEYS 1SS686 TAX CODEC400 KEYS 184561 TAX-CODEsiDO KEYS 144561 TAX.C60E1100 CAPE COD AGGREGATES CORP LOBUSSOP SANUELIA 6 JUDITN LOBUSSO& SANUE►•A-8 JUDITH P O sox 96 PO sox 96 Pi'i?X 94 NYANNIS NA 02601-0000 NYANNIS NA 02601#0000 NYANNSS 111 02601+0000 PARS A274 00A.600 PAR& R274 008.N0O ►AR&'R274 CIT. Kilt 184614.1AX CEDE060 KEYS 184623 TAX COPES400 IM 145695•TAS C1099400 CAPE COO A6611GATES•COR► CAPE COD_A66BEGATES CORD CAPE COO A6OAa6ATEs•CO4P P 0 BOX 96 P 0 sox 96 P•O.BOx 96 NYAMOIS NA 026014--0000 NYANNIS NA 02601-0000 NTANNIS N& 02601+0000 PAR& 4274 031. PABs 4273 055. PAa&•R273 023. KEYS 185719 TAX COOF1400 KEYS 183900 TAX COOI&400 says 163349 TAX•COOEs40D BARNSTABLE# TOWN OF (NUN) CUIBERLAND FAIN& INC FLATLEY. THONAS J:TA A 367-94IN STREET 777 DENHAN ST Y1284 AOINEr JOHN J TA. NYANNIS NA 02601-ODOO CANTON AA 02621-0000 NTAN4I3-1992 REALTY;TRUST 50.944I4TREE NILL-DifICE PR ilkalarREE NA 02184-0000 IF Proof of Publication TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE FOR AUGUST ZS, 1998 To all persons.Interested in,or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General t.pws of the Coimnor wealth of Massachusetts.and all amendments thereLo`you are hereby notified that. Tr30 PMLerusso d/b/a P i LL Ino. Appeal Number 199E-98 Paul Larusso has petitioned the Zoning Board of Appeals fora modification of Condition 01 of Special Permit 1990.50. The petitioner Is seeking to Nft the restriction requ►dM a lease for the parking area. The property is shown on Assessors Map 274,Parcel 007.B00 and Parcel 007.F;00 and Is commonly known as'Liberty Square'addressed as 12201ymough Road(Route 132),Hyannis.MA In an HB Homey Business District. 7r45 PMCaterfno Appeal Number 1998-95 Raymond W.Caterino has applied to the Zoning Board of Appeals for a Variance to Section 3-1.3(5)Bulk Regulations.Minimum Front Yard Setback to permit an existing foundation located 26.3 feet from the front property line to stay where It Is. The district requires a 30 foot front yard setback The property is shown on Assessor's Map 334,Parcel 042 and is commonly known as Lot 4, addressed as 50 Ahhea Drive,Cummaquid.MA in an RF•1 Residential VI Zoning District. 8100 PMNiokulas Appeal Number 1998-90 Larry Nickutas has appealed the decision of the Bullfrog Commissioner concerning frontage and access to a lot located on a developed subdivision road(Sherrirms Lene),and on an unimproved way(Farmersvlite Road),as defined in a tetterdatedJuly 20.1998.The Building Commissioner has cited the need for a Variance or to Improve FarmeravlAe Road In order for the lot to be buildable. The property is shown on Assessors M8p 065,Parcel 004.007 and Is commonly addressed as 51 Shammas Lane,Marstons Mills,MA In an RF Residential F Zoning District, 8r05 PMWItulas Appeal Number 11198.87 Larry Nickulae has applied to the Zoning Board of Appeals fora Variance to Section 3.1 A(5) . Bulk Regulations,Minimum tot Frontage to permit a lot with 50 feet of frontage on Sharmssa Lane to be considered buildable.The district requires a minimum lot frontage of 150feet.This appeal Is In the alternative to Appeal Number 1998-96.The property is shown on Assessor's Map 065,PaFeel 004.007 and is commonly addressed as 51 Shammas lane,Marstons Mills. .MA in an RF Residential F Zoning District. as Is PMSO*ares Appeal Number 1998-98 Betsy Sethares bps applied to the Zoning Board of Appeals for a'Use Variance to Section 3-1.1(1)Principal Permitted Uses to'legitimi:e a two family dwelling. The property is shown on Assessor's Map 309,Parcel 166 and Is oommonly addressed as 44 Stevens Street, Hyannis,MA In an AB Residential B Zoning District. 41r30 PFACorlo"and Fart&%Cracker Tavern APPed Number 199849 Jeffrey L.CVIson and Susan Farts(d/b/a Crocker Tavern)have petitioned to the Zoning (3tiprd oF.Appeals fora!"if Permit pursuant to Section 3 1.1 t3KF)Bedard Brealdsst end a MddiPication to Special Pemnits#1988-76, #1980 30 and#1976 54, .The applicant Is seebng permission to operate a Bed and Breakfast Inn with s►x(6)guest bedrooms for up to tM!Bhre(t 2)guests with the abandonment d the Antique Shop use ands►Appeal Number 1f18Q$9 and Appeal umber f99654. M a special Parmit ka granted under Section 3 1,f(3KF),the Applicant has Also requested a Variance from Section 3 1.1(3XFXb)to allow forup td; 20 ats in 6 Quest bedrooms and a Variance from Section 3 1.f tSXFXh)to perrrit transferability.(See Appeal Number 1998-100) The property is shown onAssessorsMap 279,Parcel 38.001 and is commonly addressed as 3095 Main Street,Barnstable.MA 02630 In on RF•2 PoSidential F-2 Zoning District. Br35 PMI..1tirlogn and Farts./Croaker Tayom Appeal Number 1898-100 Jeffreys:lb 406nand8;usenFarfa(d/b/aCrockerTsvem)haveappliedtotheZoningBoard of Appe4afor6Us&VwriancotoSection3.1.1(1)(A)Princ"lPemrdttedUses.Th*A pf)csnt i+ae also requested a Variance from Section 3.1.1(3XF)(b)which states no more than three (1)bedroond shall be rented to a total of six(6)guests to @flow the renting to not more than twelve 412)guests in six(6)bedrooms,and a Verlance from Sectlgn 3.1.1(3XA(h)to permit transferability. (See Appeal Number 1998.99) The property is sham on Assessors Map 279,Parcel38.001 and Is commonly addressed as 3095 Main Street,Barnstable,MA 02630 In an RF-2 Residential F•2 Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street, Hyannis, Massachusetts on Wednesday August 26. 1598. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Bamstabie, Planning Department,230 South Street,Hyannis.MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patrlot August 6 and August 13. 1998 BARNSTABLE REGISTRY OF DEEDS Bk 16900 P's271 456159 �o. 05-12--2003 a 02 : 32R 5L [�!UV Cl r-pn Md 16 Fri 12: 31 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-54—Oft:The Cuff;Inc.,d/b/a Capeway Cleaners Special Permit-Section 3-3.6(3) Conditional Use Establish a drop off and pickup dry cleaning laundry service-Unit 10,Liberty Square Plaza Summary: Granted with Conditions Petitioner: Off the Cuff Cleaners,Inc.,d/b/a Capeway Cleaners Property Address: 1220 Iyannough Rd.,Unit 10,Hyannis,MA. Assessor's Map/Parcel: Map 274,Parcel 007-H00 Zoning: Highway Business&Groundwater Protection Overlay Districts Relief Requested&Background: The applicant seeks to establish a satellite drop off and pickup dry cleaning service in Unit 10 of the Liberty Square Plaza located at 1220 Iyannough Road,Hyannis. No processing will occur on this site. The applicant operates a dry cleaning facility in another town and all items will be transported to the primary facility for processing. According to the Assessor's record,the building is an improved,single-story,wood-frame commercial shopping center developed in 1990 and consisting of 15,391 square feet. Relief was granted in the form of Special Permit 1990-50 for the extension and alteration of a pre-existing,nonconforming structure. Subsequently,the Board granted a modification of the original Special Permit. The relief granted(1998-94) modified a restriction requiring the prior applicant to specifically,lease a parking area located on state Iand. Until recently,Unit 10 was maintained as an investment counseling office for Charles Schwab. The nonconforming uses identified in Appeal 1990-50 clearly indicate the on site uses to be retail with the exception of a single 25-seat restaurant.The non-conforming use status in Unit 10 was forsaken when a conforming use(office)was installed. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 07,2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 02,2003,at which time the Board found to grant the appeal. Board Members deciding this appeal were,Ron S. Jansson,Thomas A.DeRiemer,Jeremy Gilmore,Richard L.Boy and Chairman Daniel M. Creedon Attorney Philip M.Boudreau,representing"Off the Cuff' explained that the business use will be a dry cleaning drop off and pick up only. No dry-cleaning or washing will occur within the unit or on the property. It will all be done off-site. Mr.Boudreau cited that the business will not substantially affect public health and safety and that the proposed use fulfills the spirit of the zoning ordinance and is not a substantial detriment to the neighborhood. Meets requirements of Site Plan review. Attorney Boudreau reports they have no problem with any of the proposed staff suggested conditions.The Board asked about parking. Mr. Boudreau noted that sufficient parking exists to the rear of the building. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of April 02,2003,the Board unanimously made the following findings of fact: 1. Off The Cuff,Inc.,d/b/a Capeway Cleaners has applied for a Special Permit pursuant to Section 3- j /; 3.6(3) Conditional Uses in the Highway Business Zoning District to permit a dry cleaning drop off and __ Bk 16900 P9272 OL56159 Appeal 2003-67-Off The Cuff,Inc.,d/b/a Capeway Cleaners Special Permit-Section 3-3.6(3)Conditional Use pick up service (no processing on site). The subject property is shown on Assessor's Map 274,Parcel 007,H00 and is addressed as Unit 10, 1220 Iyannough Road(Route 132),Hyannis,MA in a Highway Business Zoning District. 2. According to the Assessor's record,the building is an improved,single-story,wood-frame commercial shopping center developed in 1990 and consisting of 15,391 square feet. Relief was granted in the form of Special Permit 1990-50 for the extension and alteration of a pre-existing,nonconforming structure. 3. The use does not"substantially adversely affect the public health,safety,welfare,comfort or convenience of the community." 4. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 3-3.6(3),Conditional Use provides for the uses permitted in the B District to be located in the HB District provided a special permit is issued. 5. 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. 6. A site plan has been reviewed by the Site Plan Review Committee and found approvable. The site plan was approved by the Site Plan review Committee on February 13,2003. Decision: Based on the findings of fact,a motion was duly made and seconded to grant a conditional use special permit to allow an existing 1,008 sq.ft.known as Unit 10 and addressed 1120 Iyannough Road,Unit 10, Hyannis,MA. to be used as drop-off and pick-up service subject to the following conditions: 1. All commercial delivery and pick-ups shall be from the rear entrance. 2. No washing or dry cleaning activities of any nature shall occur on this site. 3. The operation of the entire space shall comply with all Health,Building and Fire requirements The vote was as follows: AYE: Daniel M. Creedon,Gail Nightingale,Richard L.Boy,Thomas A.DeRiemer,Ralph Copeland, Jeremy Gilmore,Randolph Childs and Ron S.Jansson NAY: None Ordeted: Special Permit 2003-054 is 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. Ad Daniel M. Creedon,Chairman Dat Signed / _-'0� I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts'] t certify�:'•.%���1�►� that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision in� bat of the decision has been file �' the o e o the Town Clerk. _ : yi ;V4Baled this day of J er e pains a d en bf: u �; Q w Signed ands y p p ti nda Hutchenrideii r,Town Clerk 11h��\ �♦�� 2 Bk 169130 Ps 273 �561 S9 Proof of Publication LEGAL NOTICES TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE APRiL 02,2003 To all persons interested in.or affected by the Zoning Board of e Ap als under Section of h P ect on 1 i Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: 7:OOPM Lane 03-50 Carol Mae Lane has applied for a Family Apartment Special Permit pursuant toto Secpeal tion 3- 1.l(3)(D)of the Zoning Ordinance. The family apartment is to be within the existing single- family structure.The property is shown on Assessoris Map 129,Parcel003 addressed 1025 Service Road,West Barnstable in a Residential F Zoning District. 7:15PM Reilly 2003-51 Gretchen Reilly has applied for a Variance to Section 3-1.4(5)Bulk Regul�ans.IMinimum Lot Size and Section 3-5,3 Resource Protection Overlay to be developable for a one single-family residence. The property is strict,to shown on Asse soow an undersized lnos Map 021.Parcel 102 addressed 34 Julie Lane.Cotuit.MA in a Residential F Zoning District. 7:30PM Murphy Marietta Mures as a tied for a Variant Appeal 2003.52 Murphy h PP a to Section 3.1.3(5)Bulk Regulations.Minimum Front Yard Setback to allow the existing structure to intrude into the required front yard setback, as it now exists. The property is shown on Assessoris Map 316, Parcel 055 addressed as 1 1 Coral Way,Barnstable,MA in a Residential F-1 Zoning District. 7:45PM Rogers eal 2003-53 Holly Rogers has applied fora Special Permit pursuant to Section 4-4.5(2)Expansion on of a pea Existing Nonconforming Use to permit the demolition of one of two existing single-family dwellings on the property and its reconstruction with expansion in the same location. The property is shown on Assessoris Map 196.Parcel Of i and addressed as 1655 Main Street. West Barnstable,MA in a Residential F Zoning District. 8:OOPM Off The Cuff,Inc. ApealOff The Cuff, Inc., d/b/a Capeway Cleaners has applied for a Special Permit pu sOuant 03,5o Section 3-3.6(3)Conditional Uses in the Highway Business Zoning District to permit a dry cleaning drop off and pick up service(no processing on site). The subject property is shown onAssessoris Map 274,Parcel007,HOOand is addressed as Unit 10,12201yannough Road (Route 132),Hyannis,MA in a Highway Business Zoning District. These Public Hearings will be held at the Barnstable Town Hall,367 Main Street,Hyannis, MA.Hearing Room,2nd Floor,Wednesday,April 02.2003. Plans and applications maybe reviewed at the Planning Division.Zoning Board of Appeals Office,Town Offices,200 Main Street,Hyannis,MA. Daniel M.Creedon. Chairman The Barnstable Patriot Zoning Board of Appeals March 14 and 21.2003 Abutters within 300' of Map 274 Parcel 007 Ext H00 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from Assessor's database November 2002. Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 73023 HEARTH'N KETTLE PROPERTIES 141 FALMOUTH HYANNIS MA 02601 LP RD 273083 CUMBERLAND FARMS 1NC 777 DEDHAM CANTON MA 02021 USA ST V 1284 274004B00 ILORUSSO,SAMUEL A&JUDITH C P O BOX 96 HYANNIS MA 02601 USA 274004H00 ILORUSSO,SAMUEL A&JUDITH C P O BOX 96 HYANNIS MA 02601 USA ' 740071300 P&LL INC PO BOX 1776 HYANNIS MA 02601 USA 74007H00 jP&LL INC BOX 1776 HYANNIS 02601 USA f Cz pp 74008B00 CAPE COD AGGREGATES CORP P O BOX 96 HYANNIS MA 02601 USA r— m m 74008H00 CAPE COD AGGREGATES CORP P O BOX 96 HYANNIS MA 02601 USA S,7 274016X01 S,COMMONWEALTH OF DEPT OF PUBLIC WORKS MAS 100 BOSTON MA 02202 USA CAMBRIDGE ST F `n 74026B00 CAPE COD AGGREGATES CORP P O BOX 96 HYANNIS IMA 102601 USA F+ 0 2740261-100 CAPE COD AGGREGATES CORP tOBC HYANNIS MA 02601 USA �! 74027 CAPE COD AGGREGATES CORP O BOX 96 HYANNIS MA 02601 USA 74028 VICTORY CHAPEL CHRISTIAN FELLOWSHIP CHURCH OF CC INC 185 SEAGATE LN HYANNIS IMA 02601 USA IC t� 367 MAW HYANNIS MA 02601 USA 274031 BARNSTABLE,TOWN OF(MUN) STREET I �M Tuesday,March 11,2003 Page I of 1 (J� `0 The Town of Barnstable 16, Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Lt. Eric Hubler Hyannis Fire Department FROM: Joseph D. DaLuz, Building Commissioner RE: Liberty Square Route 132, Hyannis DATE: August 5, 1993 I Attached, for your records, please orventilationd copies of correspondence re the od / problem at Baby. Seaside Attachments 4 i i t I I SENT BY: ; 9- 1-93 1 :34PM ; 5087786448-► 5087753344;# 5 May 20, 1993 Liberty Square Route 132 Hyannis, MA 02601 To All Tenants: Part of normal, routine maintenance on your roof-top heat and air-conditioning system requires new filters to be replaced at least twice each year. We've just been informed that Sea Side Haby's filters were changed ando apparently, they were very clogged and unable to effectively filter or pass-thru. air intake. Therefore, since this routine maintenance is each tenants us responsibility, we asked several subcontracting firths to give -T prices to do this work prior to summer and winter seasons. AllTemp Contractors, 24 Old Mary Dunn Road, Hyannis (Sid Horton, 778-2331) has agreed to service each air handling unit for a cost of $25.00 each. He'll do this twice a year to ensure that your system is running efficiently and effectively. Unless otherwise notified, All-Temp will do this automatically. We hope that you will be pleased with their service and honest work- manship which can save you many hundrods of dollars in repairs to said H.V.A.C. units. Sincerely, P & LL, INC. `Paul Lorusso President PL/ep SENT BY: ; 9- 1-93 ; 1 :34PM 5087786448-4 5087753344;# 4 May 20, 1993 Jean Bowden Sea Side Saby, .Inc. Liberty Square, Route 132 Hyannis, MA 02601 Dear Jean: A quick update on what Steve McCarthy (Dunkin Donuts) h done: ) as . his consultants and the Town have suggested raising MG ventilation unit 4-5 feet. This will be done. During further inspection of other roof systems, his contractor checked your air systems on the roof and noticed that your filters apparently had never been changed and that air was entering your system unfiltered. His contractor replaced your -filters. This fact may have been a large part of the odor infiltrating yodr system.. I'll keep you informed of events W they happen. i Very truly yours, Edward J. Lambert for P & LL, Inc. EJL/ep P.S. Since norma l maintenance of the systems are tenants' . i responsibilities, I'll send out a letter to everyone at Liberty Square with a suggestioni of who to use. 1 1 SENT BY: 9- 1-93 ; 1 :34PM 5087786448-► 5087753344;# 3 CAPE & ISLANDS COMMERCIAL .� C AL SERVICES 12 QUAIL HOLLOW CIRCLE p.0. BOX 1076 SANDWICH, MASS. 02563 1--800-559-0475 INVOICE CUSTOMER; DUNKIN DONUTS ROUTE 132 HYANNIS, MASS. 02601 DATE: MAY- 181 1993 .INVOICE NO. S 2004 SERVICES PERFORMED: 05-18-93 AND `05-19-93 SERVICE TO{ I0 ROOF TOP EXHAUST FANS, FROM FRYERS CHECKED FEASABILITY OF RAISING HEIGHT OF FANS 5 FEET TO PREVENT ODOR FROM INFILTRATING OTHER STORES, INSTEAD OF RAISING FANS, CHECKED ROOF TOP UNITS, (2) , OF BABY STORE, FOUND BOTH UNITS WITH ORIGINAL, VERY DIRTY FILTERS CAUSING AIR TO BE SUCKED IN THRU DOORS FROM OUTSIDE, REPLACED BOTH UNITS FILTERS, AND SHUT BOTH UNITS FRESH AIR VENTS REPLACED MASSING SCREW ON ONE OF UNITS DOORS. 2 HRS LABORS 36.00 PARTS; 5.00 TAX ; .25 TOTALS 61 .25 HVAC-REFRIGERATION-APPLIANCES SENT BY: ; 9- 1-93 ; 1 :33PM ; 5087786448-4 5087753344;# 2 w P & LL, INC. June 14, 1993 .. Mrs. Jean Bowden Seaside Baby Liberty Square Route 132 Hyannis, MA 02601 Dear Jean: Enclosed is a copy of a bill, a portion of which prelates directly to your HVAC roof system, which is your responsibility. The contractor inspected, fixed and replaced parts for your system that were contributing to your air filtering problem. Should you have any questions, please call the contractor directly. Thanks for your attention to this matter. "Very truly, v Paul Lorusso President PL/ep i i I � V i, INA I VxV V F .• f ,V N� y 3 �`'y The Town of Barnstable G t Y � Fa rt ' ",ter fAUfi►�4 t - y�•GYs 4 Inspection Department �'r , �� ►y 367 Main Street Hyannis, MA 02601 508-790-6227 Joseph Dzir' aL Buildtng Cominzori� !y s� j5"FI'�{•n't , r t;t s�`'�,yr }: MR ''TO: Warren J. Rutherford, Town Manager , FROM: Joseph D. DaLuz, Building commissioner RE.:,! Liberty Square A=274 007 DATE: May 26, 1993 Attached please find a copy of the decision of the Architectural Access Board re location of handicapped parking spaces at Liberty Square, Route 132, Hyannis. r �S" ) x ^r �+ t �,, , Jlrst'¢t"I I�i�d�i r � r17'i �`t Sir .. r rs t tt;.ttshc; ! r 9 '8 Y 4j Ni ,I"!d f ( Y#�'N (( 1 ';•4 7 � * thy`• v °t t ' 7 P�oFTHE To�4 TOWN OF BARNSTABLE OFFICE OF »�T BOARD OF HEALTH ' vo 1639. \em 367 MAIN STREET 'EO MAY�" HYANNIS, MASS.02601 May 30, 1990 Paul Lorrusso j Liberty Square Realty Trust ! P. O. Box 1776 Hyannis, MA 02601 Dear Mr. Lorrusso: You' are granted permission to construct an addition to the building at 1214 - 1232 Iyanough Road, Route 132, Hyannis, Ma., with the following conditions: (1) The addition shall be constructed in strict accordance to the site plan dated February j 16, 1990 designed by Stephen Allyn Wilson, Professional Engineer. I � (2) The building can only be utilized for retail (dry goods) stores and as a one 25 seat restaurant. The following uses are not authorized: (1) any offices, (2) manufacturing, (3) dentist offices, (4) gymnasiums, (5) fitness centers, (6) any other use other than retail (dry goods) stores and one restaurant of 25 seats. I (3) You shall receive the approval of the Zoning Enforcement Officer and/or the Zoning Board of Appeals.. The proposed addition to the structure may violate the zoning in the area. Pursuant to G.L.C. 40A, S.7, "... No permit or license shall be granted for a new use, building, structure or land which use would be in violation of any zoning ordinance or bylaw". This conditional approval is granted because the designing engineer demonstrated that the total daily flow from the building will be less than the previous total daily flow. Very truly yours, Grover C. M. Farrish, M.D. Chairman r' BOARD OF HEALTH TOWN OF BARNSTABLE ;F GF/bs copy: Joseph DaLuz Warren Rutherford a " 790-6227 .IOSEPH D. DALUZ TELEPHONEc U=NXZD Building Commhiionsr N�Wxydw i TOWN OF BARNSTABLE `y BUILDING INSPECTOR TOWN OFFICE BUILDING 't HYANNIS, MASS. 02601 July 3, 1990 Mr. Ed Lambert Liberty Square Realty Trust P. 0. Box 1776 Hyannis, MA 02601 Re: Liberty Square/Modification of Building Permit #33489 Dear Mr. Lambert: This letter is in reference to building permit #33489 dated February 2, 1990 and accompanying site plan entitled .Liberty. Square, 1214-1322 Iyanough Road, Route 132 by Levy, Eldredge & Wagner revised February 20, 1990. The permit is still in full force and effect except for the addition of 2088 square feet - the area of the separate building that was to be demolished and the square foot area applied to the main building. In my letter of June 15, 1990 to Mr. Capoccia I referenced a layout of Route 132 dated 1952 that placed the limits of construction.within the requirements of the Zoning 'By-laws, as I viewed it. Since our meeting with the Town Attor- ney, Attorney Ford and Mr. Capoccia an amended plan dated 1958 that enlarged the Route 132 layout has . surfaced. ...:The addition.of .2088 square feet would encroach on the setback requirement from the layout of Route 132 as shown on the 1958 plan. Therefore, due to the discovery of the 1958 plan in order to obtain a Special Permit and/or Variance I must refer you to the Board of Appeals for the 2088 square foot addition only. I did authorize the completion of the truss roof Ow'Tr` only, for building construction safety. If there are other public safety areas, I will make that determination. I trust you will note the amended plan as the reason for referral. Please 3=.`. :. accept my apology for any inconvenience. a = Peace, x ds ph D. DaLuz Building Commissioner M ; JDD/gr � . cc: Town Manager . Eugene Capoccia, Director of Planning `t Town Attorney dF I SENDER: V • Complete items 1 and/or 2 for additional services. I also wish to receive the y • Complete items 3,and 4a&b. following services (for an extra m y • Print your name and address on the reverse of this form so that we can V 7eturn this card to you. fee►: I• Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address rn does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery +• The Return Receipt will show-to-'whom the article was delivered and the date d e delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Mr. Edward J. Lambert P375 771 534 E Independence Park 4b. Service Type P. 0. Box 1776 ElRegistered ElInsurea 91 Certified COD y Hyannis, MA 02601 ❑ � II W ❑ Express Mail ❑ Return Receipt for I Merchandise 11 Date of Delivery w 'o oZc 5. Signature (Addressee) g� ddressed's'Address (Only if requested Y `7 r 0 nd fee is paid) cc 6. turn(Agent) 0 S'p� 2 PS Form 3811, December 1991 U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,$3 0 Print your name, address and ZIP Code here ' Town Of Barnstable ' Inspection Department 367 Main Street Hyannis, MA 02601 llis::�:ltltlttrtt:�t��ail=t=.sil P 375 771 534 Receipt for Certified Mail No Insurance Coverage Provided wa*EDwAns Do not use for International Mail POSMSERVICE (See Reverse) Sent to Mr. Edward J. Lambprt Street and No. P. 0. Box 1776 P.O.,State and ZIP Code P.O, annis MA 02601 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered Return Receipt Showing to Whom, e Date,and Addressee's Address 7 TOTAL Postage C &Fees is 00 Postmark or Date M E o LL a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, " CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attached and present the article at-a post office service window or hand it to your rural carrier(no extra charge). 2.,If you do not want this receipt postmarked,stick the gummed stub to the right of the return �. address of the article,date,detach and retain the receipt,and mail the article. rn 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends,if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 0 O j4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M ! endorse RESTRICTED DELIVERY on the front of the article. E r j 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If U- return receipt is requested,check the applicable blocks in item 1 of Form 3811. C ` � a 6. Save this receipt and present it if you make inquiry. 105603-92-8-0226 lift } ,A. .t : The Town of Barnstable eon �•l Inspection Department p. `oo �tr►l►' 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner February 23, 1993 Mr. Edward J. Lambert Independence Park P. O. Box 1776 Hyannis, MA 02601 Re: Liberty Square Mall Dear Mr. Lambert: on September 20, 1990 a letter was sent by Joseph A. Fanale, Director, Right Of Way Bureau, stating that a vote was taken to approve the lease of State- owned land located at Route 132 and Bearses Way. On July 9, 1990 the Federal Highway Administration also approved the request to lease. The Division of Capital Planning And Operations stated that they were in the process of securing final approval from the various other state agencies as required under chapter 7 of the Massachusetts General Laws and that "although a lengthy process should be completed within ninety (90) days according to their report". The lease arrangement has been in progress since 1991. It is imperative that I receive some form of update that the lease arrangement has been executed. It is not the intent of this office to permit a "temporary" occupancy indefinitely. Your response will dictate the course of action this department will undertake. - w Peace, Lq7 se�h D. DaL z Building Commissioner JDD/km cc: Town Manager Town Attorney A. Lumenello Certified Mail P 375 771 534 R.R.R. L930223A yp{TNi LALifT11LL The Town of Barnstable i : . MAIL , Inspection Department `,O �CML�'. 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square Mall DATE: February 5, 1993 On February 14, 1991, the Board of Appeals clarified their decision of Appeal 1990-50, Liberty Square Mall, in respect to the lease question. The decision was to allow all the units "within the complex to be occupied provided that adequate parking is available. There is a letter from the commonwealth Board of Commissioners minutes, item #4, voting to approve the request to lease the P. & L. L., Inc., and that the Federal Highway Administration also approved the request to lease. I have forwarded updated p d information occasions. The lease issue was known tobera lengthy prosject on several road layout, etc. In this process were mitigating issues which Minvolved the State, Cape cod commission, our DPW and Board of Appeals. The Board of Appeals stated that the petitioner had the ultimate responsibilit to roce obtain a lease from the commonwealth and the y not set a time limit on their decision. p ss, however slow, did On January 26, I personally discussed the lease issue with Mr. Lumenello, state Right of way Division, on the site. He was discussing the lease area with the abutting business. He informed me that the lease was prepared and being processed for lease signatures and would be copied to my office when completed. The lease was accepted by the Commonwealth and it would be unlikely that the petitioner would now, after months of negotiation and expense, nullify the lease. It would appear that in the event t with the commonwealth is he lease not signed, the Temporary Occupancy Permit and tenant lease agreements would become a legal matter. J M930205A .:R Qy�FTHE Tp44 f, The Town of Barnstable HAH397AHLL, i Office of Town Manager i6S9 367 Main Street,Hyannis, MA 02601 Office 508-790-6205 Warren J.Rutherford FAX 508-775-3344 Town Manager TO: Joseph DaLuz, Building Commissioner FROM: Warren J. Rutherford, Town Manager + C DATE: February A, 1993 RE: Liberty Square+ Questions In reference to the enclosed questions from Councilor Rohrbach, please provide response to my attention as appropriate. The Town of Barnstable �":„. Office of Town Manager '`'l 367 Main Sutct Hyannis, MA 02601 "` LOG / Office 508-775-1120 Warren J.Rutherford FAX 508-775-3344 Town Manager REFERRAL FORM *93 FEB -2 F,� SPONSOR/ORIGINATOR: (Co COMPLAINT t :POLLOW-UP F. Y. L R. F. L TOPIC:_L.� u Z_ r` VO U J — % ;,� w o nu � . �• � � �o ��� 7or� pcc � �/t�-+aS O)w ova o e �;O. L- c m,,tA�� o -4 0 u a t_a j 1 0 O 1.S JAL. ISPOSITION: I•J S Sawn- o'^ 7 11Jt� ES 0V` UgA-,�� SS� S a cc "tA 4. AAJ S • ROUTED TO: TOWN MANAGER - ADMN ASS'T DEPARTMENT: FOR OFFICE USE ONLY COMPLAINT FOLLOW UP DATE IN _/�/� DATE: `LL DATE OUT / / i *INC } ...NITAIL. = The Town of Barnstable •••� Inspection Department gyp. `,O �aMA�'. 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square Mall DATE: February 5, 1993 On February 14, 1991, the Board of Appeals clarified their decision of Appeal 1990-50, Liberty Square Mall, in respect to the lease question. The decision was to allow all the units within the complex to. be occupied provided that adequate parking is available. There is a letter from the Commonwealth Board of Commissioners minutes, item #4, voting to approve the request to lease the P. & L. L., Inc., and that the Federal Highway Administration also approved the request to lease. I have forwarded updated information re this project on several occasions. The lease issue was known to be a lengthy process, M.E.P.A., road layout, etc. in this process were mitigating issues which involved the State, Cape cod Commission, our DPW and Board of Appeals. The Board of Appeals stated that the petitioner had the ultimate responsibility to obtain a lease from the commonwealth and the process, however slow, did not set a time limit on their decision. on January 26, I personally discussed the lease issue with Mr. Lumenello, state Right Of Way Division, on the site. He was discussing the lease area with the abutting business. He informed me that the lease was prepared and being processed for lease signatures and would be copied to my office when completed. The lease was accepted by the Commonwealth and it would be unlikely that the petitioner would now, after months of negotiation and expense, nullify the lease. It would appear that in the event the lease with the Commonwealth is not signed, the Temporary Occupancy Permit and tenant lease agreements would become a legal matter. M930205A yQ{1NI t0r p'. The Town of Barnstable '""'T""' ' Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square Mall DATE: February 5, 1993 On February 14, 1991, the Board of Appeals clarified their decision of Appeal 1990-50, Liberty Square Mall, in respect to the lease question. The decision was to allow all the units within the complex to. be occupied provided that adequate parking is available. There is a letter from the Commonwealth Board of Commissioners minutes, item #4, voting to approve the request to lease the P. & L. L., Inc., and that the Federal Highway Administration also approved the request to lease. I have forwarded updated information re this project on several occasions. The lease issue was known to be a lengthy process, M.E.P.A., road layout, etc. In this process were mitigating issues which involved the state, Cape cod Commission, our DPW and Board of Appeals. The Board of Appeals stated that the petitioner had the ultimate responsibility to obtain a lease from the Commonwealth and the process, however slow, did not set a time limit on their decision. On January 26, I personally discussed the lease issue with Mr. Lumenello, State Right Of Way Division, on the site. He was discussing the lease area with the abutting business. He informed me that the lease was prepared and being processed for lease signatures and would be copied to my office when completed. I The lease was accepted by the Commonwealth and it would be unlikely that the petitioner would now, after months of negotiation and expense, nullify the lease. It would appear that in the event the lease with the commonwealth is not signed, the Temporary Occupancy Permit and tenant lease agreements would become a legal matter. M930205A , i 'i L { 4P�Of 1�[T O`t The Town of Barnstable aeaeeTeeLc, I Office of Town Manager r�owAY 367 Main Street, Hyannis, MA 02601 Office 508-790-6205 Warren J.Rutherford FAX 508-775-3344 Town Manager TO: ose h DaLuz Building p , g Commissioner Bob Schernig, Planning Director FROM: Warren J. Rutherford, Town Manager DATE: January 28, 1993 RE: Rohrbach Request - Liberty Square If information is available concerning mitigation measures to be taken by the developer, please provide to my attention at your earliest convenience. i. The Town of Barnstable t" i Office of Town Manager .Y♦ '`" 367 Main Street,Hyannis, MA 02601 tI LOG TOWN U` Warren J.Rutt►trford O(rce 508 775-1120 T01`! FAX 508-775-3344 Town Mamgu REFERRAL FORM'(] ry [ - SPONSOR/ORIGINATOR: OMPLAINT FOLLOW-UP F. Y. L R. F. L TOPIC: V. CA scl�6-u�_ In c U DISPOSITION:_ ROUTED TO: _TOWN MANAGER _ ADMN ASS'T DEPARTMENT: FOR OFFICE USE ONLY COMPLAINT FOLLOW UP i DATE IN /_/_ DATE: _LL DATE OUT _/_/_ IL i = F2F Ye1I�aivE � l 02C 4973 81991 TIL Cft TOWN OF BAR STABLE j ZONING BOARD OF APPEALS January 24 , 1991 I I Zoning Board of A I ppeals Town of Barnstable Town Hall -� Barnstable, MA 02601 Re: Hyannis Liberty Square Mall Lease of State Land Route 132/Bearses Way Attention: Chairman, Board of Appeals Gentlemen: Please be advised that the Massachusetts Department of Public Works is aware of your Board' s decision in requiring that .the owner of the subject site obtain a lease from the State for purposes of parking on state owned land. Over the past several months:;: the owner, P L j . length with the Department, the Cape Cod Commissioneandtthe Town of Barnstable toward working out adequate and appropriate traffic mitigation for the anticipated effects of this project. 1 Such a traffic mitigation plan is necessary to support the i proposed lease of state owned land Recently, the Executive Office of Environmental Affairs has determined that expected. traffic generation from the pro- E ject requires the filing of an Environmental Notification Form I in compliance with the Massachusetts Environmental Policy -Act, t (MEPA) Chapter 30 , Sections 61-62, M.G.L. Compliance with this statutory requirement could consume an additional three:;month 4' period, during which time the Commonwealth cannot act to grant { the requested lease. It is my suggestion that your Board consider this letter And previous Department correspondence dated May 8 , 1990, and September 20 , 1990 , as evidence that pending successful com- pletion of the MEPA process, the requested lease of state owned land will be executed. r . irman, Bd. of Appeals 2• 1 / ` Yours truly, TMcL/mcg Thomas F. McLoughl ', cc/ Comm'r. Garvey Director J. Fanale, ROW Public/Private Development Unit R. Smith, DHE, Dist. 7 E. Lambert CCC M. Ford,Atty. R. Davenport, Barnstable J. McCabe, MEPA �eri�a�.E�� �aala.L 0.2776-3973 May d, 1990 FILE: BARNS BA_RN_S_TA_BLE: Route 132 and Bearses Way - Lease of State-owned Lana. Attorney Fd,:rard Lambert Independence Park P.O. Box 1776 Hyannis, Massachusetts 02601 Dear Mr. Lambert: Please be advised that on May 2. 1990 (Right of Way Minutes, Item 34) , the Board o:: Co missioners voted to approve Mr. Paul Larusso's request to lease state- owned land (25, 400 51.f. +) abutting his property located at Route.132 (Iyannough = 1 Road) and Be3rses Way in Hyannis. Enclosed please find a copy of said Board Minutes, should you have any further questions please contact Anthony Lumenello at (617) 973--7915. Sincerely, J e A. Eanale- Director ght or Way Bureau AL/HS/cml 9,dhuL 02 7 76-99 73 September 20, 1990 FILE: NA9025602 BARNSTABLE - Route 132 and Bearses Way Lease of State-owned Land Attorney Edward Lambert Independence Park P.O. Box 1776 Hyannis, Massachusetts 02601 Dear Attorney Lambert: Please be advised that the Board of Ccmuissioners on May 2, 1990 (Right of Way Minutes, Item No.4) voted to approve the request to lease 25,400+ S.F. of State- owned land located at Route 132 and Bearses Way in Barnstable (Hyannis) as pre- sented by P&LL Inc. The Federal Highway Administration on July 9, 1990 also approved the request to lease. The Division of Capitol Planning and Operations, through its polling procedure, is in the process of securing final approval from the various other State Agencies as Irequired under Chapter 7 of the Massachusetts General Laws. The process, although a lengthy one, should be completed within ninety (90) days according to their report. Should you have any further questions please contact Anthony Lumenello of the Right of .Way Bureau staff at (617) 973-7915. Sincerely, J s phi . . Fanale, Director t of Way Bureau AL/HS/naa 6 THE tp Town of Barnstable, Massachusetts Department of Planning and Development Office of The Zoning Board of Appeals i639• ♦0 ArEO MA'S A 367 Main Street,Hyannis, Massachusetts 02601 (508)775-1120 ext. 159 TO: JOSEPH DALUZ , BUILDING COMMISSIONER FROM: ZONING BOARD OF APPEALS DATE: FEBRUARY 15 , 1991 RE: CLARIFICATION ON PREVIOUS APPEAL NO . 1990-50 LIBERTY SQUARE MALL , ROUTE 132/BEARSES WAY The Board made a clarification of a condition in the decision on the above reference matter , at an informal discussion at the meeting of February 14 , 1991 . The Board voted unanimously to make the following . suggestion to the Building Commissioner . The intention of the Zoning Board of Appeals to allow all the units within this complex to be occupied provided that adequate parking would be available . This in no way negate the Board 's condition that the Petitioner has the responsibility of ultimately obtaining a lease from the Commonwealth of Massachusetts as was indicated in the hearings and was made a condition of our decision . CC: Edward Lambert MYCOCK, KIEROY, GREEN & FORD, P.C. FEB $ ,� Ili s ATTORNEYS AT LAW P.O. Box 960 jpW%OF BAR STABLE W%MG BOARD U APPEALS BERNARD T. KILROY 171 MAIN STREET SPECIAL COUNSEL ALAN A. GREEN HYANNIS. MASSACHUSETTS 02601 RONALD J.SEIDEL MICHAEL D. FORD MARK D. CARCHIDI - TELEPHONE (508) 771-5070 LAURIE A. WARREN TELEFAX (508) 7904954 _ OF COUNSEL - MARIBETH KING EDWIN S. MYCOCK February 8, 1991 Luke Lally, Chairman - Board of Appeals Town Hall Hyannis, MA 02601 Re: Appeal No . 1990-50 - P. & L. L. Inc . Liberty Square, Route 132 , Hyannis Dear Mr . Lally: Reference is made to a letter from Thomas F. McLoughlin, Director, Public/Private Dev. Unit, of the Mass . Dept . of Public Works dated January 24 , 1991 to the Zoning Board of Appeals regarding Liberty Square. In light of said correspondence, I would ask that the Board of Appeals place this matter on your agenda for discussion at your next meeting to be held on February 14, 1991 . At that time I would like to address the Board as to the . condition contained in the Decision requiring a lease to be presented to the office of the Zoning Board of Appeals . I appreciate your cooperation and assistance. 'Very trul yours, i a �"D;�F::o r MDF/djw Enc. CC: Ed Lambert 7231a January 13, 1992 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis , MA 02601 RE : Proposed land lease for parking area with. State of Massachusetts and Liberty Square, Hyannis , MA Dear Mr. DaLuz : This letter is in response to your request for an update, relative to the subject property. A series of extensive meetings took place during the summer and fall of 1991 among the following personnel : MDPW Commissioner Kerasiotes, District 7 Head Engineer Robert Smith, Director of the Public/Private Development unit Thomas McLoughlin, the owner's engineering consultants Vollmer Associates , Senator Henri Rauschenbach, Representative Edward Teague and others . Throughout the discussions , the focus remained what role would be expected of Liberty Square to assist the State in its plans to upgrade existing traffic conditions along Route 132. Varied proposals suggested by the State were suggested and modified and, at this time, the corporate ownership of Liberty Square has received one bid and is in the process of obtaining bids from three engineering firms : Vollmer Associates , R.D. Vanasse & Associates and BSC, Inc . to ascertain costs and time schedules for design engineering work at the site. Liberty Square continues at approximately 60% occupancy and, as you know, the Barnstable Board of Appeals allowed for occupancy of the building after the owner, in conjunction with the Town's Planning Department, determined that sufficient parking was contained on land totally outside of the State property. I will keep you informed of the status as the bid negotiations progress . If I can answer any questions , please give me a call . Very truly yours , Edward J. Lambert for P & LL, Inc. EJL/ep January 13, 1992 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis , MA 02601 RE : Proposed land lease for parking area with State of Massachusetts and Liberty Square, Hyannis , MA Dear Mr. DaLuz: This letter is in response to your request for an update relative to the subject property. A series of extensive meetings took place during the summer and fall of 1991 among the following personnel: MDPW Commissioner Kerasiotes, District 7 Head Engineer Robert Smith, Director of the Public/Private Development unit Thomas McLoughlin, the owner'-s engineering consultants Vollmer Associates , Senator Henri Rauschenbach, Representative Edward Teague and others. Throughout the discussions , the focus remained what role would be expected of Liberty Square to assist the State in its plans to upgrade existing traffic conditions along Route 132. Varied proposals suggested by the State were suggested and modified and, at this time, the corporate ownership of Liberty Square has received one bid and is in the process of obtaining bids from three engineering firms : Vollmer Associates , R.D. Vanasse & Associates and BSC, Inc , to ascertain costs and time schedules for design engineering work at the site. Liberty Square continues at approximately .60% occupancy and, as you know, the Barnstable Board of Appeals allowed for occupancy of the building after the owner, in conjunction with the Town's Planning Department, determined that sufficient parking was contained on land totally outside of the State property, I will keep you informed of the status as the bid negotiations progress. If I can answer any questions , please give me a call . Very truly yours , Edward J. Lambert for P.& LL, Inc. EJL/ep .,OF THETph ti•oTown of Barnstable, Massachusetts FILE f Planning Department of and Development • � P RARNSTnat.� MAS& a Office of The Zoning Board of Appeals Qjo i639. TE0 M °' 367 Main Street,Hyannis,Massachusetts 02601 (508) 775-1120 ext. 159 TO: JOSEPH DALUZ ; BUILDING COMMISSIONER FROM: ZONING BOARD OF APPEALS DATE: FEBRUARY 15 , 1991 RE: CLARIFICATION ON PREVIOUS APPEAL NO . 1990-50 LIBERTY SQUARE MALL , ROUTE 132/BEARSES WAY The Board made a clarification of a condition in the decision on the above reference matter , at an informal discussion ' at the meeting of February 14 , 1991 . The Board voted unanimously to make the following . suggestion to the .Building Commissioner . The intention of the Zoning Board of Appeals to allow all the units within . this complex to be occupied provided that adequate parking would be available . This in no way negate the Board 's- condition that the petitioner has the responsibility of ultimately obtaining a lease from the Commonwealth of . Massachusetts as was indicated in the hearings and was .made a condition of our decision . CC: Edward Lambert i � I 1HE rO�ti Town of Barnstable, Massachusetts Department of Planning and Development BARNAB`•E'�# Office of The Zoning Board of Appeals MASS. o i639• ♦0 ArEO MA'S A 367 Main Street,Hyannis,Massachusetts 02601 (508)775-1120 ext. 159 TO: JOSEPH DALUZ , BUILDING COMMISSIONER FROM: ZONING BOARD OF APPEALS DATE: FEBRUARY 15, 1991 RE: CLARIFICATION ON PREVIOUS APPEAL NO . 1990-50 4 LIBERTY SQUARE MALL , ROUTE 132/BEARSES WAY The Board made a clarification of a condition in the decision on the above reference matter , at an informal discussion at the meeting of February 14 , 1991 . The Board voted unanimously to make the following . suggestion to the Building Commissioner . The intention of the Zoning Board of Appeals to allow all the units within this complex to be occupied provided that adequate parking would be available . This in no way negate the Board 's condition that the petitioner has the responsibility of ultimately obtaining a lease from the Commonwealth of Massachusetts as was indicated in the hearings and was made a condition of our decision . CC: Edward Lambert &eC. OAS of yXan,6 and e 4 V•` �-o/���1J�3!!�'/Lli fn/���(��/I!'{..,1/ (��tl{/ I��VII�IL Yen,9a,,4 gk,4�cz, 9,j4vt 0.,? e 4.979 September 20, 1990 FILE: NA9025602 BARNSTABLE - Route 132 and Bearses Way Lease of State-mined Land Attorney Edward Lambert Independence Park P.O. Box 1776 Hyannis, Massachusetts 02601 Dear Attorney Lambert: Please be advised that the Board of Commissioners on May 2, 1990 (Right of Way Minutes, Item No.4) voted to approve the request to lease 25,400+ S.F. of State- awned land located at Route 132 and Bearses Way in Barnstable (Hyannis) as pre- sented by P&LL Inc. The Federal Highway Administration on July 9, 1990 also approved the request to lease. The Division of Capitol Planning and Operations, through its polling procedure, is in the process of securing final approval from the various other State Agencies as required under Chapter 7 of the Massachusetts General Laws. The process, although a lengthy one, should be completed within ninety (90) days. according to their report. Should you have any further questions please contact Anthony Lumenello of the Right of Way Bureau staff at (617) 973-7915. Sincerely, J s p Fanale, Director t of Way Bureau AL/HS/naa 10 exect� Yxcu mzd G1M Sve� urn:err.� �GC�aCC!i G��Q� Yez,ga-1, �Ivj/o 0.2 76=3973 September 20, 1990 FILE: NA9025602 BARNSTABLE - Route 132 and Bearses Way Lease of State-owned Land Attorney Edward Lambert Independence Park P.O. Box 1776 Hyannis, Massachusetts 02601 Dear Attorney Lambert: Please be advised that the Board of Commissioners on May 2, 1990 (Right of Way Minutes, Item No.4) voted to approve the request to lease 25,400+ S.F. of State- owned land located at Route 132 and Bearses Way in Barnstable (Hyannis) as pre- sented by P&LL Inc. The Federal Highway Administration on July 9, 1990 also approved the request to lease. The Division of Capitol Planning and Operations, through its polling procedure, is in the process of securing final approval from the various other State Agencies as required under Chapter 7 of the Massachusetts General Laws. The process, although a lengthy one, should be completed within ninety (90) days according to their report. Should you have any further questions please contact Anthony Lumenello of the Right of Way Bureau staff at (6171 973-7915. Sincerely, J s p . Fanale, Director t of Way Bureau AL/HS/naa �Yxew .�and 1M y �e z J�a Ella g dh,c 0.21/6 -3973 May a, 1990 FILE: BARNS BARNSTABLE: Route 132 and Bearses Way - -"-— Lease of State-armed Land. Attorney Edward Lambert Tndependence Park P.O. Box 1776 Hyannis, Massachusetts 02601 Dear Mr. Lambert: Please be advised that on May 2. 1990 (Right of Way Minutes, Item 34) , the Board of Comissioners voted to approve Mr. Paul Larusso's request to lease state- aaned land (25, 400 s.f. +) abutting his property located at Route.132 (Iyannough Road) and Bearses Way .in Hyannis. Enclosed please find a copy" of said Board Minutes, should you have any further (Tiestions please contact Anthony Lumenello at (617) 973--7915. Sincerely, *eA/. Fanaler Director ay Bureau AL/HS/cml lS . �. FILE pR 10 W C EAUG1M 432 Main Street Centerville, MA 02632 TOWN OF BARN STABLE Aug us t 9, 1490 ZONING BOARD OF APPEALS i i Zoning Board of Appeals Town of Barnstable i 367 Main Street Hyann . s, MA 02601 QC,' 4ppw t990 - qq��a Dear La ies and Gentlemen : Several months ago I became curious about the Liberty Square/ L.P.L. project. I had noticed that a new larger building was being constructed , and yet there had been no newspaper .ar- ticles, no hearings, no discussion of traffic implications or mitigation measures. The more that I have learned about this project, the more disturbed I have become. There appears to have been a disregard for both the provisions of our Zoning ByLaw and Site Plan Review procedures. In particular, a Building Permit was obtained on February 2, yet Site Plan Review has never been completed . This appears to be a violation of Section 4-7.4 ( 1 ) of the Zoning ByLaw: "No building permit or occupancy permit shall be issued for any activity or use within the scope of Section 4-7.3 herein unless a Site Plan has been approved therefor. " Also, I would refer you to Section 4-7.4 (2) : "No activity within the scope of Section 4-7.3 herein shall be carried out without an approved Site Plan therefor. . . . " The enlarged building being constructed on this site appears to fall clearly within the scope of Section 4-7.3. The standards set forth in our Zoning ByLaw, Section 5-3.3, require that a. Site Plan be reviewd and found approvable prior to the issuance of a Special Permit. This has not been done. A thorough Site Plan Review is particularly important here because of the 'many issues here as well as the location of the project within the Groundwater Protection District and in an area where traffic is very congested . Due to the increased size of this project as well as, its location and impact on traffic , I hope that it will be referred to the Cape Cod Commission . Since it is no longer being con- structed in accordance with the building permit obtained on February 2, ,it is not exempt from the Act. I hope that in making your decision , you will consider the issues I have mentioned , as well as those of additional retail use ( a conditional use in this district ) , the position of the Board of Health, and the provisions of the Groundwater Protection F w . r� I i section regarding site clearing . ' I also hope that in this case you will strictly apply the standards the town has set through our Zoning ByLaw despite the { fact that construction has already commenced . It distresses me that there appears to have been a lack of compliance with these i standards. This is a practice which should be strongly dis- couraged , and I hope that you will do just so by whatever means are at your disposal . Sincerely yours, ' Susan H. Rohrbach cc : Town Manager i I t i .I TOWN CLERK BAPN OF ZONING BOARD OF APPEALS VARIANCE - WITHDRAWAL WITHOUT PREJUDICE DECISION AND NOTICE i ------------------------------------------------------------ PETITION : 1990-49 PETITIONER : P. & L. L. Inc . ------------------------------------------------------------ At a regularly scheduled hearing of the Barnstable. Zonin.g.. Board of Appeals , held on August 9th , 1990 , notice of which was duly published in the Barnstable Patriot and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts , the petitioner P . & L. L. Inc . , through Attorney Michael Ford , requested of the Board that this petition for a Variance pursuant to Section 3-3 . 6 ( 5 ) Highway Business District , Bulk Regulations , Minimum Front Yard Setback be allowed to be withdrawn without prejudice . This Petition was discussed simultaneously with Appeal No 1990-50 for a Special Permit pursuant to Section 4-4 . 2 , Change from One Non-Conforming Use to Another of the Zoning Bylaw for the alteration and increase in size of an existing non-conforming structure and Section 5-3 . 3 , Special Permit Provision of the of the Zoning Bylaw, This request -for a Special Permit being granted , it was determined by the Board of Appeals that the Variance request does not apply , because it was satisfied under the Special Permit . . This being the case , Attorney Ford asked to withdraw .the Variance request without prejudice . i ...DEC I S I ON : . Based `on the information presented , at a meeting held August 9th , 1990 , by a motion duly made and seconded , the Zoning Board of Appeals voted to allow the Petitioner to withdraw without prejudice , his petition for a Variance , because it is a unique situation . The vote was as follows : AYES : BLISS , BOY , BURMAN, MCGRATH. NAYS : LALLY . I i I I Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in the office of the Town Clerk. i J Chairman i I, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the . above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of pains and penalties of perjury. 19 under the I Distribution: Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals r - TOWN OF BARNSTABLE ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE ------------------------------------------------------- --- APPLICATION : 1990-50 APPLICANT P. & L. L. Inc . ------------------------------------------------------------ At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on August . 09 , 1990 , notice of which was duly published in the Barnstable. Patriot and notice of which was forwarded to all interested parties .pursuant to Chapter 40A of the General Laws of Massachusetts , the applicant P . & L. L. Inc . , has applied to the Barnstable Zoning Board of Appeals for a Special Permit pursuant to : Section 4-4 . 2 , Change from One Non-Conforming Use to Another of the Zoning Bylaw for the alteration and increase in size of an existing non-conforming structure ; and Section 5-3 . 3 , Special Permit Provision of the Zoning Bylaw; f The applicant ' s property is located at 1214-1232 lyanough Road , (Route 132 ) , Hyannis , MA and is shown as Assessor ' s . Map/Parcel Number 274/7 . The subject property is zoned HB - Highway Business . Summary of Evidence : The following items were submitted to the Zoning Board of { Appeals file #1990-50 : 1 . The Application for a Special Permit , dated July 13 , 1990 , and inclusion- of an attachment further explaining (Question 13 ) . _ I 2 . Notice of a Public Hearing schedule for August 9th , 1990 , notice advertising dates of 7/26/90 and 8/2/90 . 3 . A memorandum, entitled "Petition of P . & L. L. Inc . for a Special Permit and/or Variance" prepared by Michael D. Ford , Esq . and dated August 9th , 1990 ; 4 . A series of photographs , all dated 2/21 /90 , depicting the previous structure and illustrating deteriorating structural conditions . rl 5 . A copy of a letter to Mr . Edward Lambert from Stephen A. Wilson , P..E. , Levy , Eldredge & Wagner Associates , Inc . , dated August 9th , 1990 detailing the square footage of all 11 units located on this parcel and totaling 15 , 391 sq . ft . 6 . A copy of a letter to Mr . Edward Lambert from Arne Ojala , Down Cape Engineering , dated August 9th , 1990 certifying that the prior existing structure on the site II was 11 , 022 sq . ft . . i 7 . A copy of a letter to Mr . Edward Lambert from Joseph D. DaLuz , Town of Barnstable Building Commissioner , dated July 3rd , 1990 , informing the applicant of his need to secure a Special Permit or Variance from the Zoning Board of Appeals . 8 . A note , undated and unsigned on Town of Barnstable Building Inspectors stationary , clocked in on July 26 , 1990 at the Zoning Board ' s office , outlining a meeting which resulted in agreement that this project commonly known as Liberty Square would require a Special Permit and/or Variance from the Board of Appeals . 9 . A Department of Planning & Development Staff Report ; received at the Board ' s office dated August 7th, 1990' , reviewing the request for a Special Permit and Variance, including background information and department comments . 10 . A list of abutters from the Town of Barnstable Assessor ' s Office, dated July 24 , 1990 , signed by Lois E. Caldwell , Assistant Assessor . 11 . A letter to the Zoning Board of Appeals from Susan H . Rohrbach , Town Councillor , Precinct 4 , discussing the I project , its enlargement , impacts and compliance with the Zoning Bylaw. 12 . A "Landscape and Lighting Plan" for Liberty Square, drawn by Northside Architectural Assoc . Inc . , dated 7- 11 -90 , scale 1 "=201 ; 13 . A "Site Plan of Liberty Square" , drawn by Levy , Eldredge & Wagner .Associates , Inc . , dated 6/26190 , scale 1 "=20 ' and identifying .the location of 11 units within the structure ; 14 . A set of five sheets of plans labeled "Liberty Square" , prepared by Northside Architectural Assoc . , first sheet of which is dated June 12 , 1990 and consisting of elevation drawings , Signage ( scaled 1 "= 10 ' ) , Landscape and Lighting , "Master Plant Material List" , and "Master Plant Materials List (continued ) including landscape construction details . The applicant was represented by Attorney Michael Ford who submitted to the Board a written background and request statement ( item # 3 ) on the appeal , photographs ( item #4) and addressed the relief being requested . Attorney Ford presented the request for a Special Permit as being that portion of the building , presently under construction , and containing two thousand eighty-eight square feet ( 2 , 088 sq . ft ..) . The request being sought is to allow a small expansion of the building within the technical front yard setback. Mr Ford stated that this extension of a pre- existing nonconforming structure would not be substantially more detrimental to the neighborhood in light of the actual distance between the building and the actual pavement of Route 132 and Old Route 132 . The Board clarified that the relief being sought is for un_:it #1 of the eleven unit structure identified on ( Item # 13 ) . This unit contains two thousand eighty-eight square feet (2088 sq . ft . ) . The Board also clarified the status of "Parcel C" , a portion of land within the layout of Old Route 132 , to be leased from the Commonwealth of Massachusetts , to the applicant in order to meet the required parking . Public testimony was taken : Dan Leahy , Town Councillor , Precinct 1 , expressed concern regarding the square footage of expansion, Groundwater Protection Overlay District , traffic impacts , and asked if a zoning violation may have occurred and if .this matter should be referred to the Cape Cod Commission . The following letters were read into the record : A letter from Susan Rohrbach , dated August 9 , 1990 A letter from the Building Commissioner dated July 26 , 1990 , and A letter from the Building Commissioner to Ed Lambert dated July 3 , 1990 . Attorney Ford clarified that only that portion of the new building , identified as Unit 1 , and as determined by the Building Commissioner , is the subject of the requested Special Permit . 'a 'i The Building Commissioner gave a brief history of this project and his determination that 2088 sq . ft . of the-- l building required a Special Permit and/or Variance from the Board of Appeals . He also noted that not all department j signatures are required for approval of a site plan in accordance with the Site Plan Review Provision of the Zoning Bylaw. AttorneyFord suggest -a'est � ,.": ' s aoplication is exempt from SS-- - • - � p the Cape Cod Commission based on the issuance of a Building Permit before the effective date of the Act (March 27 , 1990 ) ! and the exemption contained in Section Twenty-Two ( 22 ) of the Act . He also addressed the fact that a Building Permit was properly issued , given the fact that Site Plan Review has been appropriately issued . Attorney Ford submitted to the file a petition signed by over forty-five (45 ) residents of the town , in support of this particular application . It was also determined that the setback from Route 132 is one hundred and eighteen ( 118 ) feet from the pavement and the intervening buffer is to be landscaped in accordance with the plan ( Item #12 ) . The area identified as Parcel C ( attachment to Item #1 ) is to be leased by the petitioner from the Commonwealth. FINDINGS OF FACT: Based upon the evidence presented , the Zoning. Board of Appeals made the following findings of fact : i 1 . That the structure was non-conforming prior to demolition and reconstruction . 2 . The project had received Site Plan Review as answered by the testimony, of the Building Commissioner . 3 . Evidence from the Building Commissioner ' s Office , supports that the building permit was properly issued based on the provisions of the Zoning Bylaw. i 4 . The addition of two thousand eighty-eight (2 , 088 ) square feet , which intrudes an additional three (3 ) feet towards the layout of 132 is not substantial . 5 . The derelict condition of the buildings warranted new construction and that this new building is indeed a. substantial improvement to that area . < y ' 6 . The project is not substantially detrimental , nor is it in derogation of the intent of the Town of j Barnstable Zoning Bylaw. The vote on the Findings of Fact was as following : AYES : LALLY , BOY , BLISS , MCGRATH , BURMAN . NAYS : NONE. DECISION : Based upon the evidence presented and the Findings of Fact , a.t a meeting held August 9th , 1990 , by a motion duly made and seconded , the Zoning Board of Appeals voted to grant the ! Special Permit for the two thousand eighty-eight (2 , 088 ) foot addition to this project as per plan dated June 26 , ! 1990 , with the following conditions : 1 . That the applicant present to the Office of the Zoning Board , a lease from the Commonwealth of Massachusetts for the parking area shown as Parcel C as . i.dentified on the attachment to Item #3 , and !I entitled "Plan Showing Land in Hyannis , Mass . to be leased by Paul Lorusso from the Commonwealth of Massachusetts" , Scale 1 " = 80 ' and dated January 29 , 1990 . The vote was as follows : AYES : LALLY , BOY , BLISS , MCGRATH , BURMAN . !' NAYS : NONE. i f i r i Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing=.an action within twenty days after the decision has been filed in the I office of the Town Clerk. Chairman I' Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the . above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of 19 pains and penalties of perjury. under the Distribution: Property Owner . Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals i Duty 1 , 1993 o p ckhU .ThCG tzorrn> JQaS I'�e 8� 3y .nc ,- n,oYe -l-�an Q. 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J'Uc ti a. 1 0 'Ai 4o �t� o V f-k IH-Pr,r �!� �P d e is t/r I op s -�Ydd 1 C !tit! � hi � f a ve- p t✓c( IJo v diJ l�fl� ti1/�/ Qno � vJ�ih� ; We � ! r a u0l a .F:t'ltaprc'h c''�*/Sst-ly.�pa+v�P.�g�....e i'hc/vd i'n -eCbave 'f ue1cts uellQf o I 6y4- no-t' Lt,M1.1" ;uil.d i,pf cvoa viola tv .r d id oa`v�nPcl. 4. A h rrar cull/. Y ► � o v 13 Y o U rL.. Q-#o vn 3 Tea.y �. C��wA ��✓ � , „ t rF„"a ,., «j°`rµ..s"' ..e.` e a,...•" `N<.,iT.?..F+�#-t'"' y..`.� y v Review of Liberty Square ZBA Special Permit #1990-50 Parking Lot & Lease Area: The first and major issue to be resolved at this location is parking. According to the conditions imposed by the Zoning Board of Appeals in the Special Permit #1990-50, issued August 09, 1990, allowed for the expansion of a non- conforming use to a total building of 15, 391 gross sq.ft. containing 9 retail units and one ( 1) restaurant unit with 25 seats. In this permit the Board imposed the following condition: "That the applicant present to the office of the Zoning Board, a lease from the Commonwealth of Massachusetts for the parking area shown as Parcel C as identified on the attachment to item #3, and entitled "Plan Showing Land in Hyannis, Mass. to be leased by Paul Lorusso from the Commonwealth of Massachusetts" , Scale 1"-80 ' and dated January 29, 1990. " On Feb. 14 , 1991, at the request of the applicant, the Zoning Board of Appeals clarified the condition imposed by specifying its, intent was to assure adequate parking. The intent was to allow the units to be occupied within the complex, provided that adequate parking was available. It further clarified that this statement in no way negated the required lease Condition imposed in the Special Permit.. According to the plans submitted for this Appeal all of the front area parking is accessed through or located upon state owned right of way. Within that area thirty-five (35) parking spaces out of the total ninety (90) spaces provided are located on state right of way land. Without the lease, the site provides a total of fifty-five (55) parking spaces. Those 55 parking spaces satisfy the required parking for 11,000 gross sq.ft. of all general retail space or 7 , 600 gross sq.ft. of general retail and a 25 seat restaurant (3,000 of Unit #1) Given the present circumstances, the 15,932 gross sq.ft. building should only be occupied to 11,000 sq.ft. The difference 4,931 sq.ft. should remain unoccupied until a lease is supplied to the Zoning Board of Appeals. Truck Parkings It has also come to the attention of the Board that the present donut shop is becoming a truck stop and creating J J I !i problems with parking in the front parking lot area. This situation should be addressed by requiring all truck parking to be located in the rear of the building. The back parking lot should be redesigned to accommodate the larger trucks. Permitted Uses: The special permit requested and issued was for expansion of the non-conforming structure only. The petitioner did not request nor was given any permit for a change in the non- conforming use, nor a permit for a Conditional Use in the Highway Business District. It has come to the Boards attention that the previous bakery has changed into a 25 seat restaurant and is located in an area of the structure that did not exist previously. This change in use and location should have been requested as a change and expansion of a non-conforming use. In accordance with the Principal Permitted Uses (Section 3- 3.6(1) of the Zoning Ordinance) the now- space, 4,369 sq.ft.l, can only be utilized in accordance with Zoning for general offices and banks. 1. This 4,369 sq.ft. represents the difference between the original building of 11,022 sq.ft. and the new structure of 15,391 sq.ft. MR SPicer�- F 1HE ►p To%N-n of Barnstable Zoning Board of Appeals BARNSTABM ?W,South'�trrrt. Hv:mni.. \1a.•arhurrt.�"_(,:I 3v. `0m (���ti) 90-6_'y: Fax (508) 790-6454 prEO MAC A April 08, 1993 Warren J. Rutherford, Town Manager 367 Main Street Hyanni&, MA 02601 Subject: Review of Liberty Square - ZBA #1990-50 In response to your inquiry concerning Liberty Square and the Zoning Board of Appeals Special Permit #1990-50, I am offering the following attached comments for your review prior to the upcoming meeting on this situation. Given the present circumstances, I would suggest that a show cause hearing before the Zoning Board of Appeals and some level of zoning enforcement is needed. If you should have any questions please feel free to contact me at 775-1716. TRichard ly: Boy, Cha an . l LIHE'RTY SQUARE - ROUTE 132 MAY 19 , 1993 HYANNIS, MA "ADDITIONAL LANDSCAPING" �r \ r r r � r r � r 1 on `% onto. r r r � �` UPGRADE & SEED r Crushed Stone %� r � r ` c� i RETAIN EXISTING FENCE r r r r r 63 r r r r I 64 - r 1 1 — r r i r 1 2' REGRADE & TOPDRESS UNI 1/ RETAIN EXISTING FENCE 1 i I r r b 0 r Of ASPHALT i ;1 ADD CRUSHED STONE FOR I UNIT 1 USE `� U—POLE `. 23.0. REPLACE THREE 3 S-4 NOT TO INTERFERE WITH ` OH LINES 1.3' DIA. TREE U-POLE � .� REMOVE DEAD/DAMAGED PINES 2.5' DIA. TREI 9 rn �w May 19, 1993 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Liberty Square additional landscaping & improvements Dear Joe: Liberty Square has been aware that the area abutting our neighbor, Tennis of Cape Cod, needed landscaping in order to 'complete' what was accomplished out front by our landscaping company, McNamara Brothers. We've received so many compliments that I decided it was time to address the unsightly area of the sideyard. Attached, for your records, is a plan that will begin immediately that will upgrade this area. As you can see by what we've already done, I take great pride in transforming this old eyesore into a 'landscaped gateway' for our commercial district. Sincerely, P & LL, Inc. Paul Lorusso, President PL/ep Encl. i The Town of Barnstable R s�xxsrnsiE. ,' � Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner f 9 TO: Tom Geiler,Director Health,Safety and Environmental Services FROM: Ralph M. Crossen,Building Commissioner G: N RE: Liberty Square DATE: September 21, 1994 Attached,for your information,please find a copy of a letter from Vollmer Associates re Liberty Square. As you can see negotiations are ongoing. s a i E I i i ® ff- tvolw ` ENGINEERS-LAN'DSCAPE ARCHITECTS-PLANNERS 6 SAINT JAMES AVF:NUF, BOSTON, MA 02116-1,89� TI:L 617-451 •0044 . F:A\ (i11 451 � , _ August 24, 1994 Mr. Ed Lambert Independence Park Associates P.O. Box 1776 Hyannis, MA 02601 RE: Traffic Services Liberty Square Barnstable, MA Dear Ed: As requested, I am providing this update regarding design improvements at the intersection of Bearse's Way and Route 132 in the town of Barnstable. Some historical milestones are listed below: • May 17, 1994 - electronic files of the field survey were provided by the Town; this data has been incorporated into the existing base plan. • June 24, 1994 - meeting with MHD's District 5 office to discuss expansion of the project limits and to review MHD comments to eliminate the free right turn on Route 132 EB. • July 1, 1994 - Preliminary construction cost estimate for additional work submitted to State. MHD concurs with expansion of the project and maintaining the free right turn with some modifications. We are currently proceeding with the 100% design submission and are scheduled to submit this on or before September 30. The project is scheduled to be advertised in November, 1994, for construction in spring 1995. Funding for construction is through State programs. If you have any questions, please call me. Very truly yours, VOLLMER ASSOCIATES UV�1k,(/I�J Adrienne . MacNeill Project Manager 91201.01 941 2 6-1.AJ�1 ), AL ill' I'i) ItTU \ IT1' [ AI I' L L1: t I t Y .. ,.., r�I�•rL.gNpJEfiS T E 19iNT b J i�yri j AVE'`4t;F. MEM0RAN-DU Al TO: Fd Lambert FROM; Mindy MacNeill rktt+i Vollmer Associates DATF-: October l 1993 SUBJECT: Traffic Mitigation _ Liberty square Design Improvements i I The Purpose of this memorandum is to design improvements for Town Libert update you on the progress of the traffic mitigation which details the limits of theurare. On June 9 a August to clarifyequired field survey. request was submitted to e With the summe tour needed coverage• Due to h y I also met with the Town in the Will contact Engineering Din epartment the survey sc eavy traffic volumes on Route 132 associated P�tment to determine heestatu�s o co mmence after Labor Day. I Subsequent to receipt of field survey, f this work• submission to MUD. MIJb will need Vollmer will r final eguire 2 - 3 weeks to plans, 4 weeks for review, at which Prepare 100% Y will call you on Mond Point we will Prepare Monday. Or -' 91201 274-I.AIM IN EQUAL rrf, url..NITI C R ENGINEERS j.ANF63 APE ARCHITECTS-PLANNERS Y <n � 6 SAINT JAMES AVENUE, NOSTON. \tA 02I I6,S� � TEL 611•4il •0044 FAX rl -, June 9, 1993 Mr. Robert O'Brien, Asst. Supt. Town of Barnstable Department of Public Works 367 Main Street Hyannis, MA 02601 Re: Traffic Mitigation - Liberty Square Design Improvements Dear Bob: This letter serves to confirm our telephone conversation of June 8 regarding the incorporation of Bearses Way to Vollmer's design for the.Route 132/Bearses Way intersection. Reference is also made to a memo from Tom Marcello, P.E. to Stephen Seymour, P.E. Acting Town Engineer regarding the project. As we discussed, Vollmer is developing the plan for P & L.L., Inc. as part of the traffic mitigation for Liberty Square, which is located at the intersection. Our agreement with P & L.L., Inc. does not include design of improvements for the portion of Bearses Way south of Route 132 (400 feet to Pitcher's Way). The additional cost of Y) designing this additional lane (400' to Pitcher's Way) for the Town could be offset if the Town could provide the survey information for the entire inter section. Vollmer would incorporate the additional queuing lane into the contract documents. The survey requirements are detailed on the attached plan and as follows: Limits Rte. 132: Sta. 118+00 - 138+00 Bearses Way: Rte. 132 - Pitcher's Way 600'± X-Sections Cad 50' 1. Locate Sheraton Parking Lot 2. For X-sections, locate All Breaks in Grade (Crown, E.O.P., Top/Bottom Curb/Berm Bottom Slope, Point on Slope, etc. 91210 160-2.AJM M AN EQUA 1. 0PP0R-TUtiIT1' E M P L 0 Y E R i r f VOLLMER ASSOCIATES ENGINEERS-LANDSCAPE ARCHITECTS-PLANNERS Sewer/Drain Rim Elevs. Drain Inverts (Outlet Inverts) Driveway & Profiles Shots @ Sheraton Parking Lot and Gas Station Detail All Site Features - Curb, Pole, SW, Hyd, Trees, Signs, Gate (wtg), etc. - Determine Drain System We also request a copy of the Town's Engineering Regulations & Construction Details and Hydrant Details. We thank you for your assistance. Any priority you can give this matter is greatly appreciated. Very truly yours, VOLLMER ASSOCIATES John . Hannigan, P.E. Mindy M eill Project Manager 91210 160.2.AJM Town of Barnstable R" MAS& Department of Public Works ASS. 0 'F0 ' 367 Main Street,Hyannis,'MA 02601 Office 508-790-6300 FAX 508-775-3344 Thomas J.Mullen n Superintendent April 26, 1993 TO: Stephen G. Seymour, P.E. , Acting Town Engineer FROM: Thomas J. Marcello, P.E. , Project Engineer -f SUBJECT: Independence Park - Liberty Square Design Improvements Spoke with Mindy MacNeil of Vollmer Associates on April 26, 1993 , regarding the upgrade to the intersection of Route 132 and Bearses ' Way. Reference was made to the attached memo from Ms . MacNeill to Ed Lambert, on the above subject. There are two issues to be resolved: 1 . The MHD is recommending the free right turn lane be eliminated. As an alternative, Ms. MacNeill is recommending retaining the proposed free right turn, but with a STOP then go operation for this lane. 2 . The Town first suggested the extension of the queing lane on Bearses Way -(Northbound) . The MHD has suggested extending the queing lane to Pitchers Way and that surveying be done by the Town forces for the queing lane portion. COMMENT We recommend and concur with retaining the free right lane after STOP. We recommend and concur with extending the queing lane to Pitcher's Way. And our forces can perform the survey work and tender the data to Vollmer Associates for incorporation in their design. TJM:sdm OF 111E 1p,_ � Town of Barnstable 9A ASS LL MASS Department of Public Works M q �!% 367 Main Street, Hyannis, MA 02601 Office 508-790-6300 Thomas J.Mullen FAX 508-775-3344 Superintendent March .17, 1993 TO: Thomas J. Mullen, Superintendent, DPW Robert Schernig, Planning & Development Neil Andres, Traffic Engineer FROM: Stephen G. Seymour, P.E. , Acting Town Engineer SUBJECT: Route 132/Bearses Way Intersection Design Enclosed is a copy of a design proposed by Vollmer Associates acting for the Liberty Commons interests regarding upgrades to the subject intersection as part of a MEPA review. Attached are recommendations by the Town's DPW Engineering Division regarding an expansion of the queing lanes on the Bearses Way leg of the intersection. Should you have any questions or comments, they should be addressed to either the Massachusetts Highway Department and/or to Vollmer Associates. The DPW attached Town comments have already been forwarded to Vollmer Associates, in care of Mindy MacNeil. TJM:sdm enc rt 132 f The Town of Barnstable i 1AIWITME : Y ►►� Inspection Department �OYAY►` 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner ((PSUBJECT: Liberty Square DATE: March 15, 1993 I am submitting a letter from Ed Lambert, dated 11 March 93, regarding Liberty Square. In addition, a letter from Vollmer Associates, dated 4 March 1993 is also attached. In the letter from Vollmer, Ms MacNeill refers to a plan which is in the Engineering Department. Tom Marcello has reviewed the plan and concurs with the contents. I also received a letter from Richard Boy, Chairman, Zoning Board of . Appeals, sharing the same concerns about the lease. With this latest correspondence just received, I believe a reasonable time frame should be extended to, hopefully, resolve this issue. I will continue to make inquiry into this matter and will make whatever decision necessary to bring this issue to some conclusion. cc: Town Attorney Chairman, ZBA, Appeal No. 1990-50 M930316A March ll. 1993 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Liberty Square Dear Mr: DaLuz: In response to your letter of February 23 and Mr: Boy's concern over the lease from the State., I have attached a letter from our engineering firm regarding the progress that's finally been made relative to the many redesigns that have been necessary because of ongoing MHD comments that seem to change with each engineered iteration. I have delivered a set of plans and documents to the DPW/Engineering Department. Also, after having spoken again with Tony Luminello in the State's Right of Way Division, I have been assured that the Lease documents have been finalized and will be sent out from Boston in their 'normal' course of -business. Mr. Lorusso is as anxious as you are to finalize this technicality with the State, the Town, the Board of Appeals and you. Please bear with us as we continue through this seemingly endless process. It's interesting to note that, for a long time, the State has been aware of the Bearse's Way/Route 132 redesign process. But yet, we now have granite curbing, sidewalks and landscaping that will just have to be redone all over again. Just part of the frustration we all sometimes feel! Thanks for your continued patience. Hopefully, this will be concluded soon. Sincerely, Edward J. Lambert for P & LL, Inc. EJL/ep HAND DELIVERED ENGINEERS-LANDSCAPE ARCHITECTS-PLANNERS 6 SAINT JAMES AVENUE, BOSTON, MA o2116.W5 TEL 6171 •4il •0044 • FAX 61I•451 . 3423 March 4, 1993 Mr. Ed Lambert Independence Park 255 Breed's Hill Road Hyannis, MA RE: Liberty Square Design Improvements 1 3 Dear Mr. Lambert: f Enclosed is a set of plans an supporting documents for the Liberty Square traffic mitigation improvements which were submitted to MAD District 5 this week. These plans incorporate MHD comments made on the previous submission. Please note that inclement weather (since January) has substantially delayed our field survey effort. This effort is scheduled to be completed the week of March 7; we will forward grading plans to MHD once this effort is complete. We anticipate approximately 4 weeks will be required for MHD review. Upon receipt of comments on this submission, we anticipate the plans can be finalized within two weeks. Please call me with any questions or comments you may have on the plans or the schedule. I will gladly forward a copy of the submission to the Town at your direction. Very truly yours, VOLLMER ASSOCIATES Adrienne . MacNeill Project Manager 91201 MacNeill/62.1 A \ LQ1; A 1. 0PV0kTL; N I l' E .'tP1. l' lilt The Town of Barnstable 1 fApfTAri[ ...� Inspection Department �.�., 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner February 23, 1993 Mr. Edward J. Lambert Independence Park P. O. Box 1776 Hyannis, MA 02601 Re: Liberty square Mall Dear Mr. Lambert: on September 20, 1990 a letter was sent by Joseph A. Fanale, Director, Right of Way Bureau, stating that a vote was taken to approve the lease of state- owned land located at Route 132 and Bearses Way. On July 9, 1990 the Federal Highway Administration also approved the request to lease. The Division of Capital Planning And operations stated that they were in the process of securing final approval from the various other state agencies as required under Chapter 7 of the Massachusetts General Laws and that "although a lengthy process should be completed within ninety (90) days according to their report". The lease arrangement has been in progress since 1991. It is imperative that I receive some form of update that the lease arrangement has been executed. It is not the intent of this office to permit a "temporary" occupancy indefinitely. Your response will dictate the course of action this department will undertake. Peace, is ,h D. DaL z Building Commissioner JDD/km cc: Town Manager Town Attorney A. Lumenello Certified Mail P 375 771 534 R.R.R. THE T0� ti Town of Barnstable 0 Zoning Board of Appeals BAMSMABv tX'Q 230 South Street, Hyannis, Massachusetts 02601 �A IL. (508) 790-6290 Fax (508) 790-6454 lf0 MA'S A February 22 , 1993 Joseph DaLuz, Building Commissioner Subject: Liberty Square Mall, Parking Lease Agreement Appeal #1990-50 Dear Joseph: The matey of parking related to Liberty Square has come to the Board of Appeals attention. It would be in both the petitioner's and the town's interest to reach an amicable agreement. If the petitioner is having a problem in securing the required lease of state owned property from the Commonwealth of Massachusetts, Department of Public Works, Right of Way Bureau, as required in Appeal #1990-50, some relief or modification may be in order. It is requested that you investigate the status of the lease and inform the Board and petitioner of your findings. If a problem is apparent, it may be appropriate for the Board to entertain a modification of its decision and/or .its conditions upon request by the petitioner. Th P Richard L. Boy, Ch an cc: Town Manager Town Attorney ZBA File 1990-50 ' r IKE „[77.,L= , The Town of Barnstable ' Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissione ](? RE: Liberty Square Mall Approvals DATE: January 22, 1993 I spoke with Edward Lambert in my office on January 22nd. He informed me that on January 15th Mr. L l lo of the Commonwealth of Massachusetts Right-Of-Way Bureau advised him that the lease had been drawn and was enroute to P. -L. and L. , Inc. , owners of Liberty Square Mall, for review and execution. Building Commissioner to be notified upon execution of the lease. Temporary Occupancy Permits have been issued as per Board o f Appeals decision. Copy: Robert Schernig, Planning Director January 13, 1992 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis , MA 02601 RE : Proposed land lease for parking area with State of Massachusetts and Liberty Square , Hyannis, MA Dear Mr. DaLuz : ' This letter is in response to your request for an update relative to the subject property. A series of extensive meetings took place during the summer and fall of 1991 among the following personnel : MDPW Commissioner Kerasiotes, District 7 Head Engineer Robert Smith, Director of the Public/Private Development unit Thomas McLoughlin, the owner's engineering consultants Vollmer Associates , Senator Henri Rauschenbach, Representative Edward Teague and others. Throughout the discussions , the focus remained what role would be expected of Liberty Square to assist the State in its plans to upgrade existing traffic conditions along Route 132. Varied proposals suggested by the State were suggested and modified and, at this time, the corporate ownership of Liberty Square has received one bid and is in the process of obtaining bids from three engineering firms: Vollmer Associates , R.D. Vanasse & Associates and BSC, Inc . to ascertain costs and time schedules for design engineering work at the site. Liberty Square continues at approximately 60% occupancy and, as you know, the Barnstable Board of Appeals allowed for occupancy of the building after the owner, in conjunction with the Town's Planning Department, determined that sufficient parking was contained on land totally outside of the State property. I will keep you informed of the status as the bid negotiations progress. If I can answer any questions , please give me a call . Very truly yours , Edward J. Lambert for P & LL, Inc. EJL/ep JOSEPH D. DALuz Building Comminiontr XXXIfXCIDtXkW TELEPHONE 508-790-6227 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 July 15, 1991 Mr. Ed Lambert Liberty Square Realty Trust P.O. Box 1776 Hyannis, MA 02601 Re: Status of lease from the Commonwealth Site Plan Review No. 09-90 A=274.007 Dear Mr. Lambert: Please advise this office re your progress in obtaining a lease from the Commonwealth of Massachusetts for the parking area for Liberty Square Mall, Route 132/Bearses Way, as required in Zoning Board of Appeals decision No. 1990-50, Condition #1. Peace,, I Je7ph D. Da u Building Commissioner JDD:km cc All Site Plan Review staff °F 1HE TO�,y Town of Barnstable, Massachusetts ' Department of Planning d Development • - g an BAM -, i639.STD Office of The Zoning Board of Appeals A ,0m rFD MA'S A 367 Main Street,Hyannis,Massachusetts 02601 (508)775-1120 ext. 159 TO: JOSEPH DALUZ , BUILDING COMMISSIONER FROM: ZONING BOARD OF APPEALS DATE: FEBRUARY 15 , 1991 RE: CLARIFICATION ON PREVIOUS APPEAL NO . 1990-50 LIBERTY SQUARE MALL , ROUTE 132/BEARSES WAY The Board made a clarification of a condition in the decision on the above reference matter , at an informal discussion ' at the meeting of February 14 , 1991 . The Board voted unanimously to make_ the following . suggestion to the Building Commissioner . The intention of the Zoning Board of Appeals to allow all the units within this complex to be occupied provided that adequate parking would be available . This in no way negate the Board 's condition that. the Petitioner has the responsibility of ultimately obtaining a lease from the Commonwealth of Massachusetts as was indicated in the hearings and was made a condition of our decision. CC: Edward Lambert I 3 . - •r' .• tRi Y° T, a..,,�4..Z.=' i t �e y 9n'w .:"4?t .'.. .. n,,.� d a` '�•;,::r� . ..-5--."s •YfiR1.�'7i�1•Ys4�ai� c'�� .' TOWN OF BARNSTABLE, MASSACHUSETTS BUILDING PERMIT" "t 1 A=274-007.B00 February T® - A=274-007.H DATE 2 19 90 PERMIT No. 3-3=48:19 APPLICANT t.'r ADDRESS 006015. - - - IN0.) (STREET) - _ (CONTR S LICENSE) . Remodel COP::>T1ercial �u2�d� ^Y. frame NUMBER OF ! PERMIT TO DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) _ II AT (LOCATION( 1214-i232 Iyanough Roads 'Hyannis � ZONING DISTRCT HB ' ' (NO.) (STREET( BETWEEN- - AND (CROSS STREET_) (CROSS .ST REE7) LOT SUBDIVISION LOT BLOCK \ SIZE _ BUILDING IS TO BE FT. WIDE BY .FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IWCONSTRUCTION (_ TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION ' n - (TYPE) Sewage VO._!64 I REMARKS: AREA OR VOLUME No area cha'ngE ESTIMATED COST �.70,Vv10 PERMIT 5 1G0.00 (CUBIC/SQUARE FEET) ., I OWNER Liberty Square Realty Trust ' ADDRESS P. 0. Box 1776, Hyarinis,� 11k r,2 BUILDING DEPT. 8Y I' y : The Town of Barnstable,AR19TA314 Inspection Department QM' 1�' 367 Main Street, Hyannis, MA 02601 � ►Y 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square DATE: October 20, 1993 I am forwarding, for your review, file material from the Building Department re -the Route 132/Bearses Way traffic issue as it pertains to the pending lease for land owned by the Commonwealth of Massachusetts. According to Tom Marcello the Engineering Department is, as of this date, in the field. securing data for completion of. the traffic plan. The second issue was the "inspection" report by Lt. Hubler from the Hyannis Fire Department. The construction plan was drawn by Curtis G. Rand, Professional Registered Engineer #21344 from Industrial and Commercial Engineers, Inc. , South Weymouth. The building is constructed of concrete block, steel roof framing and metal studs. The building is sprinkled. There are some partitions still open for review. The contractor and licensed construction supervisor for the building in question was Tony Rubino, now deceased. Mr. Rubino was the contractor for the new Cape Cod Times facility in Independence Park and was known to be from the "old school" and very cognizant of the Building Codes. There are units to be completed and therefore inspections have not been finalized. As of this date there are no violations. Enclosures - Copies of: Correspondence re the traffic issue Letter to Lt. Hubler I MYCOCK, KILROY, GREEN,& PORD, P.C. ATTORNEYS AT LAW P.O. Box 960 BERNARD T. KILROY 171 MAIN STREET SPECIAL COUNSEL ALAN A. GREEN HYANNIS. MASSACHUSETTS 02601 RONALD J.SEIDEL MICIIAEL D. FORD MARK D. CARCIIIDI TELEPHONE. (508) 771-5070 LAURIE A. WARREN TELEFAX 4508) 790-1954 OF COUNSEL MARMETH KING EDWIN S. MYCOCK February 8, 1991 Luke Lally, Chairman Board of Appeals Town Hall Hyannis, MA 02601 Re: Appeal No . 1990-50 - P. & L. L. Inc. Liberty Square, Route 132, Hyannis Dear Mr. Lally: - Reference is made to a letter from Thomas F. McLoughlin, Director, Public/Private Dev. Unit, of the Mass . Dept. of Public Works dated January 24 , 1991 to the Zoning Board of Appeals regarding Liberty Square. In light of said correspondence, I would ask that the Board of Appeals place this matter on your agenda for discussion at your next meeting to .be held on February 14, 1991 . At that time I would like to address the Board as to the condition contained in the Decision requiring a lease to be presented to the office of the Zoning Board of Appeals . I appreciate your cooperation and assistance. Very truly yours, Z/aD. /Ford MDF/djw Enc.. CC: Ed Lambert 7231d y ,A, L; The Town of Barnstable Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square Mall DATE: February 5, 1993 On February 14, 1991, the Board of Appeals clarified their decision of Appeal 1990-50, Liberty Square Mall, in respect to the lease question. The decision was to allow all the units within the complex to be occupied provided that adequate parking is available. There is a letter from the Commonwealth Board of Commissioners minutes, item #4, voting to approve the request to lease the P. & L. L., Inc., and that the Federal Highway Administration also approved the request to lease. I have forwarded updated information re this project on several occasions. The lease issue was known to be a lengthy process, M.E.P.A., road layout, etc. In this process were mitigating issues which involved the state, Cape cod Commission, our DPW and Board of Appeals. The Board of Appeals stated that the petitioner had the ultimate responsibility to obtain a lease from the Commonwealth and the process, however slow, did not set a time limit on their decision. On January 26, I personally discussed the lease issue with Mr. Lumenello, State Right Of way Division, on the site. He was discussing the lease area with the abutting business. He informed me that the lease was prepared and being processed for lease signatures and would be copied to my office when completed. The lease was accepted by the Commonwealth and it would be unlikely that the petitioner would now, after months of negotiation and expense, nullify the lease. It would appear that in the event the lease with the Commonwealth is not signed, the Temporary Occupancy Permit and tenant lease agreements would become a legal matter. M930205A I Box 1776, Hyannis, Massachusetts 02601,(617)775-1776 May 29, 1990 Mr. Anthony L. Lumenello Right of Way Agent Mass. Dept. of Public Works Ten Park Plaza Boston, MA 02116-3973 re: L . Paul Lorusso (P & LL, Inc . ) Lease Parcel - Liberty Square Rte. 132 , Hyannis, MA Dear Mr. Lumenello : In response to our recent conversation concerning the subject lease Parcel , please 1 e be advised the Lessee shares the states ' concern for maintaining and preserving the large trees bordering the boundary of the leased property. In this regard, Lessee intends to keep the integrity of these trees intact and intends to have a qualified Expert either from the private sector or from the Town of Barnstable to assist in the pruning and upkeep of this border. We realize the importance of this natural amenity and will treat it with care. Very tru yours , Edward J. Lambert EJL/ep 44,00 DISTRICT #7 OFFICE 2 COMMERCE PARK BLVD., P.O. BOX 111 MIDDLEBORO, MA 02346-0111 January 31 , 1990 Joseph Finale Right of Way Engineer 10 Park Place Boston, MA 02131 Dear Sir: SUBJECT: Lease Land-Barnstable-Route 132 Dear Sir: The District Office has been contacted by Ralph Ojala, Agent for Paul Lorosso, requesting to lease a parcel of State owned land, located in the 1952 Right of Way Layout of Route 132, Barnstable. This would be used for the purpose of installing Public Parking for use in the usual course of. business by the lessee. There was a plan submitted on July 17, .1989 which included a much larger area but was modified after a meeting with Thomas McLaughlin, P.P.D.U. , who agreed td the changes. They are not going to rebuild and will have parking in the back if needed. The parcel is shown as Parcel C on"Plan showing Land in Hyannis, to be leased by Paul Lorusso from the Commonwealth of Massachusetts," prepared by Down Cape Engineering, dated January 29, 1990 and enclosed herewith. The District is in full agreement with this request. If you have any questions, please contact the Permit Engineer, Frank Mello at 947-9000, Ext. 3014. Sincerely, R. A. Smith, P.E. District Highway Engineer FM:cap ENC: I cc:Down Cape Engr.r RAS RLG �I eJ /lam/ 6101mm4naaeamQ Je.L �cal�uz 0.2//6=3973 September 20, 1990 FILE: NA9025602 BARNSTABLE - Route 132 and Bearses Way Lease of State-owned Land Attorney Edward Lambert Independence Park P.O. Box 1776 Hyannis, Massachusetts 02601 Dear Attorney Lambert: Please be advised that the Board of Commissioners on May 2, 1990 (Right of Way Minutes, Item No.4) voted to approve the request to lease 25,400+ S.F. of State- owned land located at Route 132 and Bearses Way in Barnstable (Hyannis) as pre- sented by P&LL Inc. The Federal Highway Administration on July 9, 1990 also approved the request to lease. The Division of Capitol Planning and Operations, through its polling procedure, is in the process of securing final approval from the various other State Agencies as required under Chapter 7 of the Massachusetts General Laws. The process, although a lengthy one, should be completed within ninety (90) days according to their report. Should you have any further questions please contact Anthony Lumenello of the Right of Way Bureau staff at (617) 973-7915. Sincerely, y. J s p Fanale, Director t of Way Bureau AL/HS/naa 939 main street rt 6a 362-4541 yarmouth port mass 02675 down cape enbviaeeri74f structural design civil engineers& land surveyors October 10, 1989 Arne H.Ojala P.E.,R.L.S. land court Richard R.Fairbank P.E. surveys Barnstable - Layout 3954: Route 132 and Bearses Way, Request to lease State-owned Land. FILE: BARN3954 site planning sewage system Mr. Joseph Fanale - Director desions Right-of-Way Bureau Department of Public Works Ten Park Plaza inspections Boston, MA 02116-3973 permits Dear Mr. Fanale: We have received your letter of August 20, 1989 and we understand and accept the Commonwealth's conditions. Please proceed with the lease agreement. Sincerely, Ralph D. Ojala, Down Cape Engineering, Inc. RDO/cic cc: Anthony Lumenello I o 077 DISTRICT 87 OFFICE = 2 COMMERCE PARK BLVD.. P.O. BOX 111 r•`�-• ?',5.+� fir; MIDDLEBORO• MA 02346-0111 July 17, 1989 # ` , 4. x� Right of Way g Engineer Joseph Finale .. 10 Park Place Boston,r.MA 02131 Sir, Dear Sir. { SUBJECT: Lease-Barnstable-Route 132 ~ ' The District Office ha's been contacted by Ralph Ojala, Agent for;Paul;lor ss1 and John Kaye, requesting to .lease two parcels of State owned land,; located : : : in the 1952 Right of Way Layout ofJoute 132, Barnstable.-for the purpose! tof, installing Public parking for use in the usual course ofbusiness by _the.'lesse� es. The parcels are shown as Parcel A and Parcel B on "Plan` dw gtiLandin . Hyannis to be leased by Paul Lorvsso & John Kaye from the;Commonwealth' ofr.s,H,,, rt': Massachusetts", prepared by Down Cape Engineering, Dated July 5 1989 and ' '',;; ;x enclosed herewith. The. District !is in full agreement.with this�request.If ::� - ;' ` Y y questions, please contact the Permit"Engineer� Franks' �, Mello at 947-9000, Ext. 3014. Sincerely, R. A. Smith, P.E. District Highway Engineer s ' 'S Az cap • • ' mot. j ' rt 3°1Jy. j ,' `r •• -4�•r '4yk ENC. 1 w �rsA� cc•RASRLG - ,t iry ♦Y y 1 ' 4y� t.t t !• i .r`'�'i� A .. .# a �.. �sliJriri�ittY_�: I ' 6 . The project is not substantially detrimental , nor is it in derogation of the intent of the Town of Barnstable Zoning Bylaw. The vote on the Findings of Fact was as following : AYES : LALLY , BOY, BLISS , MCGRATH , BURMAN. NAYS : NONE. DECISION : Based upon the evidence presented and the Findings of Fact , at a meeting held August 9th , 1990 , by a motion duly made and seconded , the Zoning Board of Appeals voted to grant the Special Permit for the two thousand eighty-eight ( 2 , 088 ) foot addition to this project as per plan dated June 26 , 1990 , with the following conditions : 1 . That the applicant present td the Office of the Zoning Board , a lease from the Commonwealth of Massachusetts for the parking area shown as Parcel C as . identified on the attachment to Item #3 , and en.titled "Plan Showing Land in Hyannis , Mass . to be leased by Paul Lorusso from the Commonwealth of Massachusetts" , Scale 1 " = 80 ' and dated January 29 , 1990 . The vote was as follows : AYES : LALLY, BOY , BLISS , MCGRATH , BURMAN. NAYS : NONE. yp$I N(T�1 ;A.RSTA The Town of Barnstable ►L Inspection Department �a�►<' 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square Mall DATE: February 5, 1993 On February 14, 1991, the Board of Appeals clarified their decision of Appeal 1990-50, Liberty square Mall, in respect to the lease question. The decision was to allow all the units .within the complex to be occupied provided that adequate parking is available. There is a letter from the Commonwealth Board of commissioners minutes, item #4, voting to approve the request to lease the P. & L. L., Inc., and that the Federal Highway Administration also approved the request to lease. I have forwarded updated information re this project on several occasions. The lease issue was known to be a lengthy process, M.E.P.A., road layout, etc. In this process were mitigating issues which involved the state, Cape cod Commission, our DPW and Board of Appeals. The Board of Appeals stated that the petitioner had the ultimate responsibility to obtain a lease from the Commonwealth and the process, however slow, did not set a time limit on their decision. On January 26, I personally discussed the lease issue with Mr. Lumenello, state Right Of way Division, on the site. He was discussing the lease area with the abutting business. He informed me that the lease was prepared and being processed for lease signatures and would be copied to my office when completed. The lease was accepted by the Commonwealth and it would be unlikely that the petitioner would now, after months of negotiation and expense, nullify the lease. It would appear that in the event the lease with the Commonwealth is not signed, the Temporary Occupancy Permit and tenant lease agreements would become a legal matter. M930205A ® I Ne r ENGINEERS•1"ANDSCAPE APXCI-IITECTS•I'LANNFRS 6 SAINT JAMES AVENUE, 1301 TON, NIA 02116.3895 FE1. 617•4il •0044 • FAX () li•451 • 3421 March 4, 1993 Mr. Ed Lambert Independence Park 255 Breed's Hill Road Hyannis, MA RE: Liberty Square Design Improvements Dear Mr. Lambert: Enclosed is a set of plans and supporting documents for the Liberty Square traffic mitigation improvements which were submitted to MHD District 5 this week. These plans incorporate MHD comments made on the previous submission. Please note that inclement weather (since January) has substantially delayed our field survey effort. This effort is scheduled to be completed the week of March 7; we will forward grading plans to MHD once this effort is complete. We anticipate approximately 4 weeks will be required for MHD review. Upon receipt of comments on this submission, we'anticipate the plans can be finalized within two weeks. Please call me with any questions or comments you may have on the plans or the schedule. I will gladly forward a copy of the submission to the Town at your direction. Very truly yours, VOLLMER ASSOCIATES Adrienne . MacNeill Project Manager 91201 MacNeill/62.1 A N I Q I \ 1' 1, G I I N I T 1 1 U 1' I. l 1 k I CONSTRUCTION COST ESTIMATE (VOLLMER ASSOCIATES) LIBERTY SQUARE BARNSTABLE , MA. COMPUTED BY: TED DATE: 3/4/93 CHECKED BY: FJH DATE: 3/4/93 REVISED.BY: FJH DATE: 3/5/93 ...�.�'.�' (4��44 .........................................................:.................:::ham:n.::n••v:...... •:\v:•. ..��47�.1' .. .:'' .'�•y<!ia:vi:•isiiii?Li::::.�::::::::::::.T:::::.�::x:::::::::.::::x::::::::::::::::•:n:v:::vvn:•:::n•:: ::. ........... 104 EA Tree Removed-DIA. 24 IN and over 3 $600.00 $1800.00 105 EA Tree Stump Removed 3 $130.00 $390.00 120.1 CY Unclassified Excavation 200 $8.00 $1,600.00 142 CY Class B Trench Excavation 10 $3.00 $30.00 146 EA 113rainage Structure Removed 3 $115.00 $345.00 151 CY Gravel Borrow 450 $8.00 $3,600.00 170 SY Fine Grading and Compacting-Sub de Areas 2000 $0.75 $1,500.00 191 LF Drive Sample Boring 120 $30.00 $3,600.00 191.10 LF Hollow Stem Auger Boring 40 $25.00 $1,000.00 191.11 LF Auger Boring 40 $60.00 $2,400.00 193 LS IMobilization and Dismantling of Boring Equipment 1 $1,000.00 $1,000.00 201 EA Catch Basin 3 $650.00 $1,950.00 222.1 EA Frame and Grate MHD Cascade Type 3 $300.00 $900.00 223.1 EA Frame and Grate or Cover R&S 3 $30.00 $90.00 241.12 LF 12 IN Reinforced Conc.Pipe 20 $20.00 $400.00 302.06 LF 6 IN Ductile Iron Water Pi (Rubber Gasket) 20 $25.00 $500.00 309 LB Ductile Iron Fittings for Water Pipe 200 $1.50 $300.00 358 EA Gate Box Adjusted 1 $60.00 $60.00 376.2 EA Hydrant Removed and Reset 2 $800.00 $1,600.00 402 CY Dense Graded Crushed Stone For Sub-Base 150 $25.00 $3,750.00 420 TON Class I Bituminous Concrete Base Course,Type I-1 360 $36.00 $12,960.00 431 SY High Early Strength Cement Concrete Base Course 450 $20.00 $9,000.00 440 LB Calcium Chloride For Roadway Dust Control 3200 $0.20 $640.00 443 MGL Water For Roadway Dust Control 5 $6.50 $32.50 460 TON Class I Bituminous Concrete Pavement Type I-1 290 $34.00 $9,860.00 464 GAL Bitumen For Tack Coat 20 $2.00 $40.00 482.3 LF Sawing Bituminous Concrete 2250 $1.50 $3,375.00 511.1 LF Granite Edging- Type SB - Straight 1200 $12.50 $15,000.00 512.1 LF Granite Edging- Type SB - (RAD. 10 FT.or Less) 100 $15.00 $1,500.00 590 LF Curb Removed and Stacked 500 $1.00 $500.00 593 LF Edging Removed and Stacked 1200 $2.50 $39000.00 594 LF Curb Removed and Discarded 50 $2.00 $100.00 597 LF Edging Removed and Discarded 120 $3.50 $420.00 702 TON Bit. Concrete Walk Surface 50 $75.00 $3,750.00 703 TON jBiturninous Concrete Driveway 1 $70.00 1 $70.00 734 1 EA I Sign Removed and Reset 15 $80.00 $1,200.00 751.2 1 CY IPlantable Soil Borrow 115 $9.50 $1,092.50 LIBERTSQ.XLS Page 1 11:36 AM3/5/93 J, O 765 SY Seeding 1000 $1.00 $1,000.00 804.3 LF 3 IN.Electrical Conduit Type NM-Plastic(UL) 675 $14.00 $9,450.00 811.31 EA Pull Box 12 IN.xl2 IN. -SD2.031 11 $325.00 $3,575.00 815.93 LF Footing Cost Adjustment 1 $75.00 $75.00 816.01 LS Traffic Signal Reconstruction Location No. 1 1 $65,000.00 $65,000.00 827.21 EA 24 IN.Waming Cluster(1-11-2)-Aluminum Panel Type A 1 $120.00 $120.00 832.1 SF Warning Regulatory and Route Marker Alum.Panel Ty. A 85 $14.00 $1,190.00 847.1 EA Sign Su (N/Guide)+RTE MKR W/1 Brkway Post Assem.-Steel 30 $70.00 $2,100.00 851 LS Safety Control for Construction Operation 1 $21,200.00 $21,200.00 852 SF Safety Signing for Constnuction Operation 240 $10.00 $2,400.00 854.03 LF Temporary Pavement Markings-4 IN(removable tape) 4000 $1.50 $6,000.00 856 UD Special Lighting Unit(Flashing Arrow) 150 $35.00 $5,250.00 859.1 DD Reflectorized Drum with Flasher(pAx A) 3000 $0.55 $1,650.00 859.2 DD Reflectorized Drum with Light(type C) 9000 $0.75 $6,750.00 864.04 SF Pavement Arrows and Legends Refl. White(thermoplastic) 220 $3.50 $770.00 865.1 SF Crosswalks and Stop Lines Refl.White(thermoplastic) 175 $1.50 $262.50 866.04 LF 4 IN Reflectorized White Line(thermoplastic) 3300 $0.40 $1,320.00 867.04 LF 4 IN Reflectorized Yellow Lire(thermoplastic) 3700 $0.40 $1,480.00 868 SF Gore Lines-Reflectorized White(thermoplastic) 385 $1.50 $577.50 874.1 EA Street Sign Removed and Reset 1 $60.00 $60.00 874.3 LS Traffic Signs Removed and Stacked 13 $1,000.00 $13,000.00 874.5 LS IMisc. Signs Removed and Stacked 1 $500.00 $500.00 Total: LIBERTSQ.XLS Page 2 11:36 AM3/5/93 The Town of Barnstable ►�� Inspection Department ,m10 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Liberty Square DATE: March 15, 1993 I am submitting a letter from Ed Lambert, dated 11 March 93, regarding Liberty Square. In addition, a letter from Vollmer Associates, dated 4 March 1995 is also attached.. In the letter from Vollmer, Ms MacNeill refers to a plan which is in the Engineering Department. Tom Marcello has reviewed the plan and concurs with the contents. I also received a letter from Richard Boy, Chairman, zoning Board of Appeals, sharing the same concerns about the lease. With this latest correspondence just received, I believe a reasonable time frame should be extended to, hopefully, resolve this issue. I will continue 'to make inquiry into this matter and will make whatever decision necessary to bring this issue to some conclusion. cc: Town Attorney Chairman, ZBA, Appeal No. 1990-50 M930316A March 4, 1993 Mr. Ed Lambert Independence Park 255 Breed's Hill Road Hyannis, MA RE: Liberty Square Design Improvements Dear Mr. Lambert: Enclosed is a set of plans and supporting documents for the Liberty Square traffic mitigation improvements which were submitted to N11 ID District 5 this week. These plans incorporate MHD comments made on the previous submission. Please note that inclement weather (since January) has substantially delayed our field survey effort. This effort is scheduled to be completed the week of March 7; we will forward grading plans to MHD once this effort is complete. We anticipate approximately 4 weeks will be required for MHD review. Upon receipt of comments on this submission, we`anticipate the plans can be finalized within two weeks. Please call me with any questions or comments you may have on the plans or the schedule. I will gladly .forward a copy of the submission to the Town at your direction. Very truly yours, VOLLMER ASSOCIATES Adrienne MacNeill Project .Manager 91201 MacNeill/62,1 a March 11, 1993 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 i Re: Liberty Square Dear Mr. DaLuz; In response to your letter of February 23 and Mr. Boy's concern over the lease from the State, [ have attached a letter from our engineering firm regarding the progress that's finally been made relative to the many redesigns that have been necessary because of ongoing•MHD comments that seem to change with each engineered iteration. I have delivered a set of plans and documents to the DPW/Engineering Department. Also, after having spoken again with Tony Luminello in the State's Right of Way Division, I have been assured that the Lease documents have been finalized and will be sent out from Boston in their 'normal' course of business. Mr. Lorusso is as anxious ias yoI.a are to finalize this technicality with the State , the loon , the Board of Appeals and you. .. P'le.ase hear with us as WL c ;,ntiniiu through this seem:ingl.y endless process . 'It ' s interestin, to note that, for a long time, the State has been aware of the. i;�: irse ' S [day/Route 132 redesign process. But yet, we now have granite curbing, sidewalks and landscaping that will just have to be redone all over again. Just part of the trustration we ali sometimes feel: Thanks for your continued patience. Hopefully, this will be concluded soon. Sincerely, Edward J. Lambert for P & LL, Inc. EJL/ep HAND DELIVERED March 11, 1993 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Liberty Square Dear Mr DaLuz: In response to your letter of February 23 and Mr. Boy's concern over the lease from the State, I have attached a letter from our engineering firm regarding the progress that's finally been made relative to the many redesigns that have been necessary because of ongoing MHD comments that seem to change with each engineered iteration. I have delivered a set of plans and documents to the DPW/Engineering Department. Also, after having spoken again with Tony Luminello in the State's Right of Way Division, I have been assured that the Lease documents have been finalized and will be sent out from Boston in their 'normal' course of business. Mr. Lo'russo is as anxious as you are to finalize this technicality with the State, the Town, the Board of Appeals and you. Please bear with us as we continue through,:ths seemingly endless process. It's interesting to' note that, for a long time, the State has been aware of the Bearse's Way/Route 132 redesign process. But yet, we now have granite curbing, sidewalks and landscaping that will just have to be redone all over again. Just part-of-the-frustration we-all--sometimes -feel! Thanks for your continued patience. Hopefully, this will be concluded soon. Sincerely, d� VZ- Edward J. Lambert for P & LL, Inc. EJL/ep HAND DELIVERED _ 1 �pF 1HE tp w o Town of Barnstable .," ZoningBoard of Appeals • .nxxseAM • pp Mass. a 230 South Street,Hyannis,Massachusetts 02601 �$ 039. ��� (508) 790-6290 Fax (508) 790-6454 ArEO MA'S a February 22, 1993 Joseph DaLuz, Building Commissioner Subject: Liberty Square Mall, �Parking Lease Agreement Appeal #1990-50 Dear Joseph: The mater of parking related to Liberty Square has come to the Board of Appeals attention. It would be in both the petitioner's and the town's interest to reach an amicable agreement. If the petitioner is having a problem in securing the required lease of state owned property from the . Commonwealth of Massachusetts, Department of Public Works, Right of Way Bureau, as required in Appeal, #1990-50, some relief or modification may be in order. It is requested that you investigate the status of the lease and inform the Board and petitioner of your findings. If a problem is apparent, it may be appropriate for the Board to entertain a modification of its decision and/or its conditions upon request by the petitioner. Th P Richard L. Boy, Ch an cc: Town Manager . -Town•Attorney ZBA File 1991-51 ir`.rNSTABLE F E B 2 4 1993 ° ' ;� � r e FORM 494-SUBPOENA WITH OFFICERS RETURN HOBBS&WARREN,INC.PUBLISHERS DUCES TECUM REVISED BOSTON,MASS. e r 0hP Tomutonutjettltl of fitttsnuch<un.efts ........RN.STAB LE................................ss. P'e;�4d (L71 0.........Joe..Da.1.uz................................... .................. Barnstable Building Inspector .........................................................................................Town..Ha-1.1..................................................... Hyannis, MA ................................................................................................................................................................ ...................................................................................................................................greeting. Van a" btrehtl cummunbeb, in the name of The Commonwealth of Massachusetts, to appear before the......Barnstable..Fi.rst_.Distri.ct......... Court.............................. ................................ holden at.....Barn.stabl e......... within and or the count o Barnstabl e f Y f.......................................................... on the........................2nd.................:..............day of...............September, 1993...................at ..........9.;30...............o'clock in the......fore. noon, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action of...l.andl.0.rd/te.nant........ then and there to be heard and.tried between ...........:.......................... P....&..1,..�... I.... ........................................................................ Plaintiff , and JEAN K. BOWDEN._d/b/a..SEA.SIDE_ BABY, INC.. . Defendant , and in the.......Barnstabl e..Fi rst District ...... Court, Docket Number.....9.3-SU-3992 you are further required to bring with you ...B.01.di.n.g..Co.d.e.;..p.1.ans,...insp.e.c.ti.on..records......... records of complaints from any other tenants, occup ancy min t permits, deterai ons as to no code violations for 1214-1232 Iyanough Road, Unit 5, Hyannis, MA ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ Nertnf fttil nnt, as you will answer your default under the penalties in the law in that behalf made and provided. ])web Fit....Hyanni.s.,..Ma.ssach.usetts.......the.............1st............ day of. September, A.D. 19 93. 7�'J Margaret L. Rout ier Notary Public— " XXXAXe Subpoena issued at the request Of.. My Commission Expires.: 7/10/98 Gerald S. Garnick, Esq. Plaintiff, P. & L.L. , Inc. .................................................................... .................................................................... (name of party/attorney) (attorney for) 32 Main Street .................................................................... (street address) Hyannis, MA 02601 .................................................................... (city/town,state,zip code) (508) 771-2320 .................................................................... (telephone number) OOP BegrB�PPa e4!J0/o/uo'' ` The Town of Barnstable j qa&0 P°°°+�e Ndy fAt..84 ; PPB °Bg ' 144 Inspection Department P �4 '° a�/e°iq 367 Main Street, Hyannis, MA 02601 Poo. ,4Bi� Le 508-790-6227 oyl°/°vr/4, Joseph D. DaLu, Building Commissre'e, oblo�fod, 9orpPeP February 23, 19933�7• �Ol Mr. Edward J. Lambert Independence Park P. O. Box 1776 Hyannis, MA 02601 Re: Liberty Square Mall Dear Mr. Lambert: On September 20, 1990 a letter was sent by Joseph A. Fanale, Director, Right Of Way Bureau, stating that a vote was taken to approve the lease of State- owned land located at Route 132 and Bearses way. On July 9, 1990 the Federal Highway Administration also approved the request to lease. The Division Of capital Planning And Operations stated that they were in th process of securing final approval from the various other State agencies ase required under chapter 7 of the Massachusetts General Laws and that "although a lengthy process should be completed within ninety (90) days according to their report--. g The lease arrangement has been in progress since 1991. It is imperative t I receive some form of update that the lease arrangement has been executed. It is not the intent of this office to that indefinitely. Your response will dictate thecourse ofa action cthis cde a will undertake. department Peace, CJ6se�h D. DaL z JDD/]m Building Commissioner cc: Town Manager Town Attorney A- Lumenello Certified Mail P 375 771 534 R.R.R. L930223A C INC t0 '"l ,,,,,T„`= : The Town of Barnstable 00, ,610 '01 Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissione RE: Liberty Square Mall Approvals DATE: January 22, 1993 I spoke with Edward Lambert in my office on January 22nd. He informed me that on January 15th, Mr. Anthony Lumenello of the Commonwealth of Massachusetts Right-Of-Way Bureau advised him that the lease had been drawn and was enroute to 2* .L• and L. , Inc. , owners of Liberty Square Mall, for review and execution. Building Commissioner to be notified upon execution of the lease. Temporary Occupancy Permits have been issued as per Board of Appeals decision. Copy: Robert Schernig, Planning Director E I The Town of Barnstable )AOJfTAJLL : Office of Town Manager 367 Main Street, Hyannis, MA 02601 rC0 4►Y ' Warren J.Rutherford Office 508-790-6205 Town Manager FAX 508-775-3344 TO: Bob S rnig, Planning Director eph aLuz, Building Commissioner FROM: Warren J. Rutherford, Town Manager DATE: January 21, 1993 RE: Liberty Square Mall Approvals RESPONSE: February 5, 1993 Could you please provide me an update relative to approvals by the State for either easements and/or disposition of state property in this area and in addition with providing me a disposition on whether or not occupancy permits have yet to be issued. i I I . 1 UNIT 2 RE SB UNIT 3 RE 59 6a 60` UNIT 4 RE 63 62 61 j UNIT 5 RE 3t 7.2T UNIT 6 RE t UNIT 7 P._ NI RE •1 \- �, UNIT 9 RE UNIT 10 RE ~ I - UNIT 11 R 0' lTtl r y _ - ____ ____ rusn LEACH PIT; __ `; T. RO%J ' - _ _ •.► --- Cee St— u'DIA._ nlclt 'S� L- - __ c.�,enee sEeDe REQUIRED SEPTIC TANK - 1495 _---• -- - -I 62 _ --- EXISTING SEPTIC TANK - 3000 1000 GAL. m CREASE TRAP,_ 3000 CAL SEPTIC TANK _ -----60_` REQUIRED GREASE TRAP - 25 EXISTING GREASE TRAP - 1000 _ U711L17Y iT -t _ ________ __-6t___-_ _-__ -'6t-==�ws- _ EXISTING LEACH PITS - 14' DIA. I 64 -_ _ 62 - _ zc SIDEWAL 1 _ - _oA5_ 1r - 12 UNIT 1 N UNIT 10 UNIT 11 _.60___ -UUN Hs PROPOSED DAILY FLOW 1495 G=: UNIT 4 COUNTRY UNIT 3 1 UNIT 9 KITCIiEN EXISTING LEACHING CAPACITY 2- UNIT 2 UNIT 5 UNIT 7� PREVIOUSLY APPROVED DAILY F: gyp. UNIT 6 / 61 zz srd--Ik Edge It-p—t 3 61 I I e AmHALr I� _ SLOT Leased Parcel "A' I a 8.4 •I ' 25 - 7 .t �25 2 6 r• --- 4 f 1 illf I+ A.`PMAEJ AsvwAEr ` - fi0 i.V NA.TREE v I 62 sw fi0 J5.52• 1 a1 zs'D.A.TREE 38,00' '.. � '� •Fs'mA.TrteE \ 9 �9 > V 38.60' i_ x a�'�j"-s�aA TM� I a T \ .\ mTEx uH O� `�• / 94r�L-___________ _______________ - f�AlJy' \ sa Sf�• � 9w` w+�"-� � _ ___-____ �B - - - 9fH --_ _ iPAiilC y510M U!]1t y� oo• ------- - CAS—T -_______ _GA6 _ - .. ROUTE 132 STATE HIGHWAY - car, F TOWN OF BARNSTABLE 17'sq' SIGN Q LIBERTY SQUARE ,DOG GROOMYNG- BUSINESS I' PARCEL ID 274 007 H00 , GEOBASE ID 18460 ADDRESS 1220 IYANNOUGH ROAD/ROUTE PHONE (508)790-355 HYANN I S ZIP LOT PT11 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 88748 DESCRIPTION 17sg' SIGN (TAILS OF CAPE COD) PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: PROPERTY OWNER Departmentof ARCHITECTS: ' - Regulatory Services ,tl TOTAL FEES: $25.00 a BOND $.00 �tNE r CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE ?;0?'t 3 +► STABLE, + MASS. Fp MF►'1 w BUILDM DIVISION BY Quern DATE ISSUED 12/01/2005 EXPIRATION DATE Town of Barnstable F THE T �.° °'+ti° Regulatory Services Thomas F.Geiler,Director l BARNSrABLE, + � Building Division (� .erFO MA'S A Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit# 00 2-�-o'S Q� Application for Sign Permit Applicant: R g a s e-t LLC. Assessors No. 17 L 00 H oo Doing Business As: LTG.; e"Ae- Co'k, Telephone No./�-n 5j) M 7 a Sign Location Street/Road: U10 \��r.,,.r\v 4LT1i r� (�v.i %k e-A-LA S A rAi'f,_ Zoning District: 2,n. Old Kings Highway? Yes/ io Hyannis Historic District? Yes/No 'njrSS Property Owner fig--`77 5- - 177 Name: 1.- .1... \.mac Telephone: Ed$-710--9 3 Address:A3 O Qo x \77 6 , s-, ` V\� 03-t.o % Village: Sign Contractor Name: S i Gr_ A - 2ayyNc,- Telephone: Wig- 30s-q l o ep Mailing Address: Q—lo l�l,.,-�-es P � .�a r�v.c},.,. Imo* YEA a 2 6 61-4 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 1"-7 ft.x 10= via- x.10= 1'I I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through§240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agen . Date: Size:' Permit Fee: Sign Permit was approved: Disapproved: Signature of Building Official: Date: Q:I WPFILESI SIGNSISIGNAPP.DOC L _� • �9 �� /- ,Q e..../ � • y� �o �� ;�d ��s • �- (� `� _� � �, -c6 �- 5 r �° •s r � —� ��,� �-- �.+ 4�� , �• 'S� ti �,, y, f� �,c `� � 'aa S 0 .� �� e . 77i 70, TEE S)oq G- r, I wx Sew f � VVVMMMvvv... o CI c _ - s-- [� r .._�_ mil G ^Anr 4 ' j.. t A I J �I -d SIG N:)4-A -RA MA' Invoice Number• 9074 OF CAPE COO,INC. 12-6 Whites Path South Yarmouth, MA 02664 Phone:508-398-9100 Fax: 508-398-1760 Tax ID: 51-0491090 Clerk: JM Tails of Cape Cod Carved Sign Order Date 11/28/2005 Phone: (508)246-6280 Ext: Order Time 4:09PM Fax: (508)= Attn:Jennifer Randall Due Date 12/5/2005 Due Time 04:00 PM Invoice Printed On 11/28/2605 4:10PM PRODUCT CODEJ COLOR QUANTITY I SIDES SIZE PRICE @ TOTAL Carved Wood or Sig Burgundy 1.00 1 24 Inch x 108 Inch $1,875.00 $1,875.00 PRODUCT DESCRIPTION Carved and painted signfoam with gold leaf border and lettering Install Labor 1.00 1 $105.00 $105.00 PRODUCT DESCRIPTION Labor Salesperson: Jim McDermott Customer#: 10096 Customer Tax ID Sub-Total $1,980.00 Notes/Ship to: Taxable $1,875.00 Non-Taxable $105.00 Sales Tax $93.75 Shipping $0.00 TOTAL $2,073.75 Deposits $1,000.00 Date Picked Up: Clerk: Payments Terms: 50%Down 1 COD Finance Charges $0.00 x Customer Signature Balance $1,073.75 Tails of Cape Cod Attn:Jennifer Randall Rt 28 Hyannis, MA 02601 Page 1 of 1 94 :lJeia���►te�tt o��u�to %�� DISTRICT 07 OFFICE 2 COMMERCE PARK BLVD.. P.O. BOX 111 MIDDLEBORO. MA 02346-0111 July 17, 1989 ram. Josephht oFinaf Way leEngineer �U L 1 8 198g 10 Park Place Boston, MA 02131 Dear Sir: SUBJECT: Lease-Barnstable-Route 132 The District Office has been contacted by Ralph Ojala, Agent for Paul Lorusso and John Kaye, requesting to lease two parcels of State owned land, located in the 1952 Right of Way Layout of Route 132, Barnstable for the purposes of installing Public parking for use in the usual course of business by the lessees. The parcels are shown as Parcel A and Parcel B on "Plan showing Land in Hyannis to be leased by Paul Lorvsso & John Kaye from the Commonwealth of Massachusetts", prepared by Down Cape Engineering, Dated July 5, 1989 and enclosed herewith. The District is in full agreement with this request. If you have any questions, please contact the Permit Engineer, Frank Mello at 947-9000, Ext. 3014. Sincerely, . G�- ,4' R. A. Smith, P.E. District Highway Engineer FM:cap P. ENC: cc:RAS RLG 79 5z 6� 07 r O m ti - a aZ � a o t !� S.54 2 a 0 0 LOT 11 '!• LLJ�30063E m PAUL L ORUSSO ro I v h �oo � 93. S 60 i2'42' E 258.4.1 N 60 J2'4?' N 1952 A.O. I LIRE 40 �,I z�' PARCEL A i ,� PARCEL 9 m m a 30. 557 t/- ;+I "'• CG1tyON*FAL 7N OF 945SAChMEMES p CO,wONFE.74 Tf/ e I y MASSAchussETS S4 J2 20` k, ti ti ti I �305.30 .93.60 h I i N 60 i2'42` N ( N 29 47'1B' E 39.9d f92.08 +52.00 i2J 122 123 J24 J25 t26 127 12B i STA TE HIGHWA Y (1952 LAYOUT) ROUTE 132 /\N S 60 12"42'E J76.97of S AANE 7 S 60 J2'42'E QITE t '' PL AN 51/Oh/IN6 L AND IN HYANNIS I down cape eng-ineering, lnc. TO BE LEAS ED by PAUL L ORUSSO d' LJOHN /(A YE LAND SUH EYORS fP0171 17H COMMONWEAL TH OF MASSACHUSETTS ROUTE 6A YARMOUTH, MASS. Re fo�cnce. L CP 30063 - Scale. 1 " = 90 ' 7y'SZ•05• 64.07 r C3 a 'aZ ao r lV S.5-4 J2 E.20 r L OT 11 L CP 30063E m PAUL L OR/SSO � N v 4, s , J vW � IL � Nam c�M CD .93. I z I S 60 12'42' E 258.41 N 60 J2'42' M 1952 H.a*: LINE / v f PARCEL A .�w PA 9CEL 9 m \ 8707 t/- SF m � ^ "� COMNONItEAL row COALMONAIEW 711 OF M455ACHUSE7TES OF e e ti s I" ti q K4SSAcMs5FTS •�I� N54 J22O6N \ � ti `1I`• 305.30 h Z 93.60 I N 60 J2'42' M I N 29 47'18' E 39.98 I t92.OB t52.00 121 122 J23 124 125 126 127 J28 5TA TE /1I611WA Y 0952 ZAYOUT) ROUTE 132 of 60 J2'42' E J76.37 J c� ARNE s` h2 S 60 J2'42'E u JA26 4- - GATE �,�,L PL AN SHOh [NS L AND IN HYANNIS I TO 9Z- AS Y down ca e en lnee� •n •nc. L E ED by PAUL L ORUSSO d' UGHN f(A E 1 1 A 9 9. CIVIL ENGINEEf1S fPOIII THE COMMONWEAL TH OF MASSACHUSETTS LAND 5119✓EYORS ROUTE 6A YARIYOUTH, MA55. Reference." L CP 30063 - SCale. 1 " = 90 ' I ` 60 Birmingham Hangegham Brustlin,ay Inc. 60 Birmingham Parkway Boston, Massachusetts 02135 617/783-7000 Consulting Engineers Et Planners DRAFT August 25, 1989 Ref: Admin Mr. Ralph Ojala Down Cape Engineering 939 Main Street Yarmouthport, MA 02675 Re: Liberty Commons Hyannis, Massachusetts Dear Mr. Ojala: VHB has analyzed the traffic impact and reviewed the circulation plan of the proposed Liberty Commons. The proposed 19,000 square foot retail and professional office development will be located in the northeast quadrant of the intersection of Route 132 and Old Route 132 in Hyannis, Massachusetts. Liberty Commons will replace an existing 10,975 square foot retail center already on the site. The existing center, which consists of two separate structures of 9,700 square feet and 1,275 square feet, will be demolished and replaced with the planned Liberty Commons. Traffic Impact To determine the traffic impact of the proposed Liberty Commons peak hour vehicle-trips for both the proposed 19,000 square foot center and the exiting 10,975 square foot center were compared using trip generation figures contained in the Institute of Transportation Engineers, Trip Generation.1 In order to present a "worst case" scenario the existing and proposed developments were compared using retail (shopping center) trip generation rates. Based on this, an increase of 65 vehicle-trips weekday evening peak hour (32 entering, 33 exiting). Assuming a even distribution between the two proposed driveways the impact on the Route 132/Old Route 132 intersection will be minimal given the restricted, right-in/right-out operation of the intersection and the low traffic volumes on Old Route 132. At the signalized intersection of Route 132/Bearse's Way/Liberty Commons driveway exiting traffic will not 1/ Trip Generation, Fourth Edition; Institute of Transportation Engineers, Washington, D.C.; 1987 Admin/889/trl-NK4 I Mr. Ralph Ojala Ref: Admin August 29, 1989 Page 2 impact traffic operations because the minor street phase of the exiting signal operates concurrently with that of the Bearse's Way approach. Bearse's Way, therefore, functions as the critical approach by virtue of its higher volume. The left-turn volumes into the site will grow . resulting in an increase in delay and queuing. There is, however, adequate width at the intersection for vehicles to pass left-turning vehicles which may be queued on Route 132 at the driveway. Consideration should be given, in the future, to modifying existing geometry to include a separate left-turn lane into Liberty Commons. Access and Circulation The site plan proposes to reduce the number of curb cuts on the site from three to two. The primary access will continue to be provided via the driveway onto Route 132 opposite Bearse's Way. The driveway at the intersection of Route 132 and Old Route 132 will be closed and consolidated with the existing driveway on the tennis club road. The proposed driveway will provide access and egress off of the tennis club road. This is designed to discourage Old Route 132 traffic from cutting through the site to access the traffic signal .at Route 132/Old Route 132/Bearse's Way. Planted islands within the parking lot will also serve to deter cut-through traffic by establishing a more circuitous route from Old Route 132 through the site to the signal. Also, to provide adequate circulation for trucks on the site, parking should be restricted in the area between the restaurant and Liberty Commons. I trust this satisfies your needs. Should you have any questions, please call me. Very truly yours, VANASSE HANGEN BRUSTLIN, INC. Robert D. Vanasse, P.E. Principal RDV/DSC/mc cc: Rick Bryant Dave Ivany Dan Clarey . Admin/889/trl-NR4 f HYANNIS FIRE DEPARTMENT 95 HIGH SCHOOL ROAD EXTENSION HYANNIS, MASS. 02601 RICHARD R. FARRENKOPF Smoke �eteetoza Save .C'ived BUSINESS: 775-1300 CHIEF EMERGENCY: 775-2323 January 19, 1990 To Whom It May Concern•r f e t I agree with they 1en-tative,,plans stibmiteted /to$ m`e`�byw Mr. Paul Larusso to� extend a cement blockk ,wall n three sides Libetrt�y Squarje�Bui-l�ding-,off Rout1�32�, Hyannis tor/enilhance' public safety -and-'-fire protection on this p'0'1 ty. -VI,'(-,;HARD R.1 F�ARRENKOPF, Chief J Hy,.innis Fire Xd 4 d € 1 t'• 4 j�Qi j" 4 W ZVI IV ij � ���.�'"`.4°+"' ..,. / ��f.✓ems -f BARNSTABLE FIRE DEPARTMENT 3249 Main Street of 18 8 7 a r Barnstable, Massachusetts 02630 1♦,f+�CA iml fit` 508-362-3312 WILLIAM A: JONES III, CHIEF GLENN B. COFFIN, CAPTAIN FIRE PREVENTION January 21 , 1990 Mr. Joesph Deluz , Building Inspector Town of Barnstable Main Street Hyannis , MA. 02601 RE : Liberty Square Complex , Rt. 132 , Hyannis Dear Joe , I have been involved with Mr. Paul Lorusso during part of his planning for his commercial property on Rt . 132 . This came about because his property is in both the Barnstable and Hyannis Fire Districts. Originally he was going to build a completely new structure behind the present one and then demolish the existing one. In my opinion this should be allowed to happen , considering the condition of the existing building. But from what I am being told , for what ever reasons ,this will not be allowed. So it appears that Mr. Lorusso will have to renovate what is presently existing. Having gone over his plans , and listened to what he proposes to do to the existing building , I agree with and support the following. ( 1 ) A new concrete slab floor through out the entire building. (2) A masonry wall , without jogs , built across the complete rear of the building. (3) Masonry side walls and partitions between the units. (4) A new flat roof. (5) The installation of a sprinkler system . These items will make for a more fire resistive and safer building which will be in the best interest of public safety. Although the layout of the existing building is in both fire districts , the majority of the building is in the Hyannis Fire District . There for,.as presently is the case , they will be the principle fire department supportingand servicing this complex. g p Never the less part of the existing building is in the Barnstable Fire District , and I feel I must give you my opinion of this project . �y l I hope all the parties involved will be able to come to an agreement that will best serve the owner,the Town of Barnstable , and most importantly the safety of the public. II Sincerely , William A. Jon , III Chief I I i Joseph D. DaLuz - Telephone: 775-1120 Building Commissioner Ext. 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS, MASS. 02601 .May 8 , 1990 Mr. Paul Lorusso f Liberty Square Realty Trust P. O. Box 1776 _ Hyannis , MA 02601 Re: Site Plan Review Number 09-90 Dear Mr. Lorusso: - It has been determined that a Site Plan review is not required for the _above referenced project. However, °this has been reviewed as a courtesy and is approved as submitted. Please find enclosed a signed and stamped copy of your plan. Should you have any questions, please feel free to call . , Very truly yours , (]j)0s E. Bartell Plan Review JEB/km - cc All Site Plan Review staff Doran Cape Engineering, Inc. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 97. ?,v Map �� Parcel C Permit# I l t> Health Division ��• 0� Date Issued _ Conservation Division�- 2- `� 05 Fee Tax Collector Application Fee Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved y Historic-OKH Preservation/ems1 W4 Project Street Addresses 46 Village Owner I Address 1 Telephone Permit Request Square ffee t: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuatidy y Zoning District Flood Plain /� '� Groundwater Overlay Construction Type I Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family Cl Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes �fNo On Old King's Highway: ❑Yes 1KNo Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other UN& Central Air: ❑Yes ❑No Fireplaces: Existing New sting wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑Zexisnew ize Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed: size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan revie Current Use I Proposed Use BUILDER INFORMATION , — ��-0 )-0eV Name ���(�'iV � � �/ /�J Telephone Number Address License# �� ��� -7 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE Oe {' FOR OFFICIAL USE ONLY i PERMIT NO. r- DATE ISSUED F - MAP/PARCEL NO. t .fi ADDRESS VILLAGE OWNER 1 DATE OF INSPECTION: FOUNDATION - FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL ol FINAL BUILDING DATE CLOSED OUT " ASSOCIATION PLAN NO. DEC-13-2005 01 : 51 PM FRANCESCO DEMO INC. 17819349193 P, 02 BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number CS 075537 Explreet 0312512 07 Tr,no: 13156 Re�trlrot® 00. FRANCESCA M C)URAN7lc PO BOX 1915 DUXBURY, MA 02331 �� 1 Commle®loner '07— r i, r - r� m .oFTME r� Town of Barnstable Regulatory Services . Mnss. Thomas F.Geiler,Director o .�•`e� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Ommer Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize L to act on my behalf in all wafters relative to work authorized by this building permit application for: s�d�� � T�Gf� J� — �Jl� C '�i�® .S AAJ (Address of Job) Signature of Owner Date Print f4ame QTORMS:OWNERPERMISSION f — - 11/23/2005 WED 9:27 FAX �003/003 NSTAR EL Ec rAic November 23, 2005 Samuel Eorusso Cape Cod Aggregates PO Box 96 Hyannis,MA 02601 Re: 1200 Iyannough Road, Hyannis—Former Shirdan's Restaurant Building NSTAR Electric Work Order Number 1486217 Dear Mr. Lorusso: The purpose of this letter is to confirm that the electric service and meter for the address referenced above have been disconnected and removed. Please feel free to call me at 781-441- 3365 if you have any questions. Sincerely, � . Nancy L. Allen Customer Service Engineer NOU-10-2005 16:56 BARNSTABLE WATER COMPANY 50e 790 1313 P.02i02 Barnstable Water Company P.O. Box 326 Hyannis, MA 02601 November 10, 2005 Town of Barnstable Building Inspector Town Hall Hyannis,MA 02601 RE: 1449&1200 Iyannough Rd: Hyannis Dear Sir: Please be advised that the above water service was shut off and the meter removed in 2002 and 2003,respectively. The owner has informed us that he intends to tear down the two existing buildings.. Sincerely, Francine Oliver, Customer Service Barnstable Water Company TOTAL P.02 11/18/2005 16:12 5087786448 HYANNIS FIRE PAGE 02 11/18/2005 15:37 15087906230 BUILDING PAGE 01 Town of Barnstable Regulatory Services W" g Thomas F. Geller,Director 16 Building Division Thomas Perry,CBO Building Commissioner 200 Whin Street, Hyannis,MA 02601 www.town.harnstable.ma.us Office: 508-862-4038 Fax; 508-790-6230 i C ca November 18, 2005 X -� ;F. co To Whom It May Concern: —j m This letter is in regards to the former candle factory building and the former Sherdan Restaurant located on Iyannough Rosd/Rtc 132. This department has ordered due to their lack of security and general poor condition to be demolished as soon as possible. (S`inCeere , Tam erry Building Commissioner No. 0 Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE., MASSACHUSETTS ' Mfgpogat *pstem Com5truction ermit Permission is hereby granted to Construct( )Re air )Upgrade( )Abandon( ) System located at Oo - and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of Date: Approved p b �`� �- Y 1 DEC-20-2005 TUE 08:33 AM KEYSPAN ENERGY FAX N0, 508 394 5019 P. 01 KeySpan Energy Delivery 127 Whites Pall) Ff�-rr�y LlelwOry South Yarmouth,MA 02664 December 19, 2005 [:d Lambert 17AX: 508-790-3227 s IZE: 1200 Iyannough Rd., Hyannis This is to confirm that the natural gas service to the above address has been cut and capped. Tliis was completcd on 12/19/05. 'If you have any questions please call me at 508-760-7481.. J1 . ter' j ` • l c� -� 1 Sue McMullin Operations Coordinator Keyspan Delivery Company i txnlDIZ I • I Sa UNIT 2 s{ ya UNIT 3 a3 6i al 60 _ UNIT{ 1 317.27 ' UNIT 5 UNIT •\ 1` UNIT 7 7 - UNIT E '\ �• I .•I '1. UNIT 9 UNIT 10 i �, -•' LOT 11 UNIT 11 . '. LEACH PIT :'- '• ____. s0.ft.t •—_ ___________________ -fir 5{,71 rarna stone :psT.eox J: -- "Md Stain '-• -'I 02 L•- REQUIRED SEPTC TANK - I{c • ' loon GAL EXISTING SEPTIC•TANK - JDC' '.-i, 3000 CAL SmTIC TANK""-••_: 0 1 CREASE rRAv ,•� �•._. -•-,.....a0-. . {-, REQUIRED GREASE TRAP - 2. EXISTING GREASE TRAP - 10; .� •�...-LYE - J CA6� I �6{ I s'--_ UAU TY� -•aL ---� r al- =•i r- EXISTING(EACH PITS - 14' ^ I• ; -- r 62 , ---oAs - iV SIOE'a 1 j / F 60--- SNIRDANS PROPOSED DAILY FLOW In95 • UNIT It . Rlrol'KITCH R� ' Ej✓ EXISTING LEACHING CAPACITY UNIT 1) �JJ$ UNIT 2 UNIT 3 ullyi•5 UNIT 7 PREVIOU"LY APPROVED DAILY UNIT 6 / al yam u a ••[ay.al Atgnell Aoa.ats ,- sai _ • aurora b 61`�• v I a y SLOT Lacaad Parcel 'A' I� .o� - -----' --- 25.216 sq. k.* f I't ' rAo r ------------" trr Asrwrr I a 1 60 • I.r Durant V TILDE f al ,1.f a�w IaQ L \I "9a •..- �. �'J�B.60' r y ...� 1 oa•not____..__.____ � ��----------- 61 ? rr�, '•, `•.• I ry° , �.waa[uK . '°" -••' ----------- - ---- .- . � >, IlOi1 i•'ya..art`- - -_....--------•-- ---- '•I•.. ! ,ti,,,A Asa„ 'max � •'•- //a'as�--- `........ nAmc 63 O cAs.�ttr --_-_-- y -pO - - r0 � /• STATE HIGH Stira y — RO LI TE 132 i N 54*12'20" W 317.27' 0 I � 1 Lot 11 � Land Court Plan #30063—E �X:0 �r oN O s> Existing Building N .41 Vs Cn 0 00 F 1952 258.41 Line Ln U) S 60'12'42' E Commonwealth of Massachusettsp o Leased Parcel A 6 ti S 45 34'30" E 22,294 sq. ft. O 72.69, 9R ai `t cn S 47.14'17" E S 57'19'12" E N 58'08'28" W 9• �t -ate, � � ^ � 40.57' 77.60' 73.79' /P o hh 1 N o' 18 010 1493EASE 11 N 303804 2 Plan Showing Land in w Hyannis, Massachusetts STATE HIGHWAY 0952 L.O.) ROUTE 132 To Be Leased By P. & L. L. Inc. /�ZNocn+�lf`'o'..\ From PA U L A. r\L 0 LEVY :� � The Commonwealth of Massachusetts u No. I.S_7 n -��s Scale 1 " = 60' ;- March 15 1991 :i "` '`� LEVY, ELDREDGE & WAGNER ASSOCIATES INC. UEGITERED PROFESSIONAL LND SURVEYOR DATE ENGINEERS LANDSCAPE ARCHITECTS PLANNERS LAND SURVEYORS 889 WEST MAIN STREET CENTERVILLE. MA 02632