HomeMy WebLinkAbout1225 IYANNOUGH ROAD/RTE132 (11) O
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�01- BAR�s. CAPE COD COMMISSION
p 3225 MAIN STREET
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P.O. BOX 226
.k * BARNSTABLE, MA02630
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S�CHUS�t (508)362-3828
FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
TO: Town of Barnstable Town Clerk,Building Inspector, Town Planner,
Planning Board, Conservation Commission, Board of Appeals, Board of
Health, DRI Liaison, and Chief of Police
FROM: Gail P. Hanley, Clerk of the Commission
SUBJECT': The Cape Codder Resort Expansion
Development of Regional Impact Exemption Decision
DATE: January 11., 2008
Enclosed please find a copy of the Cape Codder Resort Expansion Development of
Regional Impact Exemption Decision that was approved by the Cape Cod Commission
on January 10, 2008.
Should you have any questions, please do not hesitate to contact our office.
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�AR� CAPE COD COMMISSION
J y 3225 MAIN STREET
v -, a ran P.O. BOX 226
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�? c BARNSTABLE, MA 02630
�s s (508)362-3828 Activsti' FAX(508)362-3.136
E-mail:frontdesk@capecodcommission.org
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DATE January 10 2008. .
TO: Michael D.Pord,Esq.
Y.U. Box 485
West Harwich, MA 02671
FROM: Cape Cod Commission
RE: Development of Regional Impact Exemption Request
Section 12(k)of the Cape Cod Commission Act
APPLICANT: Cape Codder Resort
c/o Michael D. Ford, Esq.
PROJECT 11: EX07019
PROJECT: The Cape Codder Resort Expansion
1225 Iyannough Road
Hyannis,MA 02601
I30OK/PAC;I:: 15617/338; Certificate of Title fi160228
DECISION OF THE,CAPE COD COMMISSION
SUMMARY
The Cape Cod Conuriission(COtiliTliSslon)hereby grants the Development of Regional
Impact(DR]) Exemption request of the Cape Codder Resort("Applicant's)for the proposed
expansion to the Cape Codder Resort located at.1225 Iyannough Road in I lyannis, pursuant
to Section 12(k) of the Cape Cod Commission Act(Act),c.716 of the Acts of 1989, as
amended and Section 7 of the Enabling Regulations Governing, Review of Developments of'
Regional linpact. Barnstable County Ordinance 90-12 as amended. This decision is rendered
pursuant to a Vote ol'the Commission on January 10, 2007.
PROJI C'l D1;SCRIPTION
'I'lie Applicant proposes an expansion of the Cape Codder Resort located on a 12.54 acre site
on tyannotiglt Road (Route 132.)in Hyannis. The property is bordered by Route 1 32 to tile.
north. Be u-Se's Way to the c tsf, the Barnstable police.station to till: west, and residential
1c�cinpmeru to the South. The site.is Ideated within the 13u5rnCss and I lkillWay Business
Capc ('odder Resort Expansir1I/1 X070I9
0ecisioa
January 10,2008
r),
4
i
zoning districts and inside a Regional Commercial Center under the Barnstable Local
i
Comprehensive Plan.
The Cape Codder currently consists of a 215,000 s.f. hotel building with 258 licensed units.
The.property also contains a spa,swimming pool,tennis court,restaurant,several function
rooms, and site parking. The proposed expansion would add 24,000 s.f.(a 6,000 s.f
footprint)to the southeast of the main building where the spa(currently 5,045 s.f.)will be
relocated. In addition, 15 new hotel units(nine two-bedroom and six three-bedroom)are 1
proposed to be constructed in the existing second and third floor space of the eastern portion
of the main hotel building. The proposal also includes enclosure of the 19,000 s.f.
atrium/swimming pool area.
PROCEDURAL HISTORY
The Applicant submitted a DRI Exemption application on November 9,2007,The
Commission received a mandatory DRI referral from the town of Barnstable on October 16,
2007."The DRI Exemption application was deemed complete on November 15, 2007. A
duly noticed public hearing was conducted pursuant to Section 5 of the Act by an authorized
subcommittee of the Commission on December 12,2007 at the Barnstable Superior
Courthouse.The-public hearing was continued to December 28,2007,where it was.-closed by
a hearing officer. The record was left open for the submission of written materials until .
January 10,2007.
At the December 12,2007 subcommittee meeting,the subcommittee recommended.
unanimously that the project be granted a DRI Exemption. A final public hearing was held
before the full Commission on January 10,2008 where the Commission voted unanimously
to grant the DRI Exemption.
Materials submitted for the record
/From the Applicant Date received -
• DRI Exemption application October 1,2007
• "traffic study,revised plans,hazardous materials inventory,
partial filing fee November 9,2007
Abutters list, remainder of filing fee' November 13,2007
Lighting plan and letter from G.Siroonian re:exterior lighting November28,2007
Revised hazardoll5 materials inventory December 5,2007
o Stormwater facility operations&management plan December 7,2007
F�ram(;aLL(w1 L?o?nnii.ssion: Date sent_.
Letter to M. ford re: incomplete application October 12,2007
Letter to M.Ford re: receipt of DRI referral October 19,2007
• Email to ti.Catania re: additional information November 8,2007
Letter to,M.,Ford: application complete November 15,2007
• Staff report December(i,2007
-corn State aml Local Officials: Date received:
DRI referral October 19,2007
C'apc COddrr Resort lispansiun11I:X07019
Ihcisiixr '
January 10,2008
l q.,c 2
From the Public:
° No submittals
The application and notices of public.hearings relative thereto,the Commission staffs notes,
exhibits and correspondence;the transcript and minutes of meetings and hearings and all
written submissions received in the course of our proceedings g are incorporated into the record
by reference.
TESTIMONY
A public hearing was held on December 12,2007 at.the Barnstable Superior Courthouse.
Applicant, introduced the proposed roject to the
Attorney Michael Ford, representing theApp P P P
Y
subcommittee and discussed why he believes the project qualifies for a DRI exemption. Ile
said the project si ro'ect would have no significant or regional impacts. He explained that the
>
b decreasin the pool
applicant further reduced the.amount of hazardous materials on site( y g p
chemicals and the oil based paint)to be under the R.PP limit. He explained how they are
upgrading the stormwater management system,resulting in reduced nitrogen loading.
Martha Hevenor presented a summary of the staff report, noting that a revised hazardous
materials inventory was submitted that evening. She discussed how the staff believes the
project would not have significant impacts on transportation resources,water resources, .
natural resources,and community character. Scott Michaud commented on the revised
hazardous materials inventory,noting the reduction of oil based paint and pool chemicals.
Theresa Fallon,an abutter,expressed concern about noise from the swimming pool. Mr.
Catania said that
the new pool is on the other side of the site from her property
. Ford and Mr.C
and.that the other pool area will be covered by a retractable roof. Ms. Fallon expressed
concern about the noise of the generator.
Peter Fallon,an.abutter, expressed concern.about the pool and said he'd like some more trees
planted.
'rhe subcommittee asked questions concerning the hazardous materials inventory,the
em p
stormvater management g
ent plan,the vegetated buffer at the rear of the.site. They voted
unanimously to recommend approval of DRI Exemption request.
JURISDICTION
The project qualifies as a DRI under Section 3(e)of the DRI Enabling Regulations,
Barnstable County Ordinance 90-12'-as amended,.as a proposed development with"additions
to existing buildings that results in an increase of 10,000 square feet of gross floor area"
FINDINGS
The Commission has considered the application of the Crape Codder Resort for a DRI
}xemption for the proposed.Cape Codder•Resort expansion. Based upon its consideration of
such application and information presented at the public hearing and submitted for the record,
the Commission makes the following Findings pursuant to Section 12(k)of the Act:
Catx-C:odder Reson 1-*xpansion/1?X07019
I:)ccisicin
Janmiry 10,2008
l'•t��c:�
General
Gl. The project literally qualifies as a DRI under Section 3(e)of the DRI Enabling
Regulations,Barnstable County-Ordinance 90-12,.as amended,which.provides
that"additions to existing buildings that result in an increase of 10,000 square
feet of gross floor area"shall be subject to mandatory DRI review.
G2. The project consists of an expansion to the Cape Codder Resort on Route 132 in
Hyannis: The Cape Codder currently consists of.a 215,000 s.f.hotel building
with 258 licensed units. The 12.5 acre property also contains a spa,swimming
pool,tenniscourt, restaurant,several function rooms,and site parking. The
proposed expansion would add 24,000 s.f.(a 6,000 s.f footprint)to the southeast
end of the main building where the spa(currently 5,045 s.f.)will be relocated. In
addition, 15 new hotel units(nine two-bedroom and six three-bedroom)are
proposed to be constructed in the second and third floor space of the eastern
portion of the main hotel building. The proposal also includes enclosure of the
19,000 s.f. atrium/swimming pool area. The site is located with the Business
and.Highway Business zoning districts and inside a Regional Commercial Center
under the Barnstable LCP.
G3 Based on the information submitted for Commission review;the Commission
finds that the location,character and environmental effects of the proposed
development will prevent its having any significant impacts on the values and
purposes specified in Section One of the Cape Cod Commission Act outside of
the Town of Barnstable and,therefore,although it literally qualifies as a DRI;it
does not require DRI review.
G4. Based on the information submitted for Commission review,any change in the
impacts of the proposed project as articulated in this decision and/or a change to
the findings of this decision may,require further Commission review in
accordance with Section 12,Modifications to Approved Projects,of the Enabling
Regulations(as amended).
G5. The Applicant has met its burden to show that the project should be exempt from
DRI review.
Water Resources
WRl. The project is located in a number of significant water resource areas as
classified by the RPP, including an Impaired Water Quality Area. The project
site is classified as a Water Quality Improvement Area(as defined by MPS
2.1.1.2.E)because the Impaired Area is also located in a Wellhead Protection
Area(as defined by.MPS 2.1.1.2.A)and Marine Water Recharge Area(as
defined by MPS 2.1.1.2.C)that discharges to Lewis Bay. Improved water quality
in these areas is a major goal of the RPP.
WR2. 'The existing development on the project site is currently connected to sewer.
New sanitary wastewater flows from the proposed additional development Will
also be treated at the municipal wastewater treatment facility. The Applicant
(.'ape Ccxldcr Resort yNpansion/t;X07019
Decision
January 10,2(H)8
explained at the December 12,2007 public hearing that a wastewater Ieachfield
on the site discharges wastewater from the existing swimming and spa facilities
to groundwater and will continue to bemsed to discharge wastewater from the
existing swimming/wave pool. He indicated that wastewater generated by the
proposed new pool and spa facilities will be discharged to sewer for disposal at
the.municipal wastewater treatment facility.
WR3. The proposed project will result in a no-net addition of nitrogen to groundwater
and a nitrogen-loading concentration in groundwater of less than 1.5 ppm-N
across the entire site. The project meets the 5-ppm nitrogen loading limit
applicable to DRIs in WHPAs. Nitrogen from increased impervious areas will be
reduced by vegetation incorporated into proposed stormwater facilities,as
detailed on the Stormwater Management plan dated September 2007.
WR4. The Applicant provided a hazardous materials inventory for both the existing and
proposed development that indicates a net reduction in the hazardous materials to
be stored at the site.Chemicals currently used to disinfect and adjust the pool/spa
water pH levels and sanitize laundry will be replaced with new ozone, ultra-
violet and carbon-dioxide treatment systems. In addition,the amount of oil based
paint stored at the site will be reduced. The hazardous materials inventory details
the following changes in the amount of hazardous materials to be stored at the
site:
150-1b decrease in bromine biocide(pool chemical),.
75-gallon increase in chlorine biocide(pool chemical),
0 20-gallon decrease in muriatic acid(hydrochloric acid;pool chemical),
45-gallon decrease in bleach(laundry),and
® 30-gallon decrease in oil-based paint.
WR5. Given the proposed project's wastewater treatment,stormwater management
improvements,and reduction in hazardous materials on-site,the project will not
result in any significant impacts to regional water resources.
Natural Resources/Oven Space
NR 1. The project site is located within a public wellhead protection area(Zone II),and
therefore is mapped as a Significant Natural Resources Area under the 2002 RPP.
The site is'.not.mapped for rare species or rare species habitat,nor are any
wetlands located on the site. The site has been substantially developed and
almost entirely disturbed.
NR2. Given the location and existing.conditions at the project site,the proposed
expansion of the Cape Codder would not have any significant impacts or
environmental effects to natural resources of regional significance.
Transportation
T1. The hotel currently has(and will retain)two(2) full access driveways: a main
driveway on Bearse's Way and a secondary driveway on Route 132. Route 132
(:ape Codder Resort l xpansion/1 X07019
Decision
laniian 10,2008
Page 5
is a regional road as defined in the RPP. 'The Route 132 driveway is within the
limits of the MassHighway project currently underway along the roadway.
T2. The applicant's transportation engineer calculated the expected trip generation of
this project based on information contained in the Institute of Transportation
Engineers"Trip Generation manual 7`h Edition."Table 1 shows the net increase in
vehicle trips from the existing use. The increase is not significant.
Table I=Trip Generation Estimates/Increase From Current Use
Time Period Vehicle Trips _
Average Daily Traffic 142
Morning Peak Hour 6
Afternoon Peak Hour 8
Rased on ITE Trip generation manual,7 Edition,LUC 310(Hotel)and LUC 320(motel).
T3. The RPP standard of review for safety impacts is 25 or more new peak hour trips
through a highcrash location. As shown in Table 1,the proposed project is not
expected to generate more than 25 new peak hour trips;therefore no regional
intersection would be impacted by 25 or more new peak hour trips.
T4. The Cape.Codder currently provides the following employee trip reduction
strategies:
0 A shuttle bus for employees;
a Bicycle racks on site
a A seasonal Olde Barnstable trolley'stop.
Proposed future trip reduction measures include:
A guest shuttle to area beaches and location attractions;
a Planning for a future bicycle path along Route 132.
T5. No significant new traffic would be added to the roadway system during the
morning and afternoon peak hours as a result of the proposed project. As,such,
the proposed project is not expected to have any significant impacts on regional
transportation resources.
Community Character
CC1. The proposed Cape Codde'r expansion consists of the enclosure of the atrium,
construction of a new spa area in the southeast portion of the main building,and
adding 15 residential units within the-existing second floor and additional third
floor story space of the eastern portion of the main building. Although exterior
building samples were not provided,the applicant indicated that the addition will
be constructed of a mix of brick,cedar shingles,clapboard siding and other
materials, in concert with the existing building.
CC2. A large portion of the addition is the in-fill and enclosure of the existing atrium
area,and except for the roofline, will not be visible from the roadways. The
' building layout and configuration of the site will help screen views of the
additional residential units and the spa area from adjacent roadways.
cape codder Resort Expansion/EX0701'9
Decision
January 10,2W8
P;q;e 6
CC3. The new parking area at the southeast edge of the site will extend approximately
30 feet southward into the existing 70 foot vegetated buffer area that borders the
adjacent residential property. Project representatives indicated that
approximately 40 feet of the buffer area would remain undisturbed.
CC4. Exterior lighting for the proposed project.will involve reuse of some existing
lights and the addition of new fixtures,including new pole lights,on-building
fixtures,and recessed fixtures. The majority of the existing and proposed lights
are consistent with-the Commission's exterior lighting technical bulletin.Given
the limited number of fixtures in question and that the proposed project is a
redevelopment/addition to an existing hotel and is located in an already
developed area,the lighting impacts are not significant.
CC5. Given the layout of the site, the configuration of the additional building space,
and the site location,the proposed project does not present significant community
character.impacts.
CONCLUSION
Based upon the above findings,the Cape Cod Commission hereby concludes that as
proposed,the location, character,and environmental effects of the Cape Codder Resort
expansion project,as described in this decision, will prevent its having any significant
impacts on the values and purposes specified in Section One of the Act outside of the Town
of Barnstable(the municipality in which the development is located). Based upon the above
findings,the Commission hereby grants the Applicant.a DRI Exemption from the terms and
provisions of the Act,pursuant to Section 12(k)of the Act for the proposed expansion to the
Cape Codder Resort,located at I Iyannough Road in Hyannis.
kPrror two thssuance of a Ccate off Occupanyfroh1eTown ofBarnstable;Elie
A,
Applicant must cece veta,C�rtif cafe of Com pan ro m the UR;C mFd Co ,m-T)nsIon. This
provision is.necessary fo ensurethat the p o�ecr�for h�ch the Applicant received an
exemption is constructed accordmgto the proposed plans>filed`wrth the DRI Exemption
application and is consistent with the findings of this decision. The Applicant shall provide a
minimum of ten(10)business days notice of the intent to seek a Certificate of Compliance; it
will be issued upon completion of a compliance inspection by Commission staff.
r
Care COddcr Resort I;zpansion./X07019
Decision
January 10,2MS
1'age 7
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This DRI Exemption decision shall be strictly construed,and is valid for three years from the
date of issuance.
_ 'Date
Robert Jones, C.h ape Cod Commission
COMMONWEALTH OF MASSACHUSE'I'rS
Barnstable,ss 10 ,2008
Before me,the undersigned notary public,personally appeared _, in his
capacity as Chair of the Cape Cod Commission,whose name is signed on the preceding
document, and such person acknowledged to me that he/she signed such document
voluntarily for its stated purpose. The identity of such person was proved to me through
satisfactory evidence of identification,which was [_] photographic identification with
signature issued by a fe eral or state governmental agency, U oath or affirmation of a
credible witness,or personal knowledge of the undersigned.
Notary Public
My Commission Expires:
10113111
('a{),:Coddu Resort Fxpansion/ti W2019
)rlk 1kcis'10H
.Innua��y iU;211i}�
MICHAEL D.FORD,ESQUIRE
ATTORNEY AT LAW
72 MAIN STREET,P. O.BOX 485
WEST.HARWICH,MA. 02671 t ;
TEL.;(508)4304900 FAX(508)430-9979
.mdfesgl@verizon.net 1 _
1225 I a�gh Road(Route 132),Hyannis,the"Property."
Map 273,Parcel 23 and 122 �` =' "
Hearth N Kettle Properties LP Special Permit and Variance Petitions/Proposed findings:' cu
Public Hearing February 8,2008
GENERAL FINDINGS
1. Lot 23`of the Property is-tocated in the B and.HB zoning districts and GP
groundwater.protection overlay zoning districts. .A portion of the Locus was.formerly
located in the RC-1 District. In November 2004,the Locus was rezoned and most-of'
the RC-1 portion of the Locus became part of the B District. Lot122 is a 0.56 acre
non-buildable, land-locked parcel.that is ocated in the R District.
2. The property is a 13.1 acre.site and is developed with a 215,124 sq.fti.,2587room hotel
with accessory uses andparking. The accessory uses include.a restaurant, spa,
function rooms, indoor pool,tennis court, and associated landscaping.
3. Applicant seeks to alter and expand the existing three-story'hotel by adding 24,000
s.f. (a 6,000 s.f footprint)tothe southeast of the main building where the spa
(currently 5;045 s.f.)will be relocated; in addition, 15 new hotel units(nine.two
bedroom and;six three-bedroom)are proposed to be constructed in the existing
second and third floor space of the-eastern portion of the main hotel building;.the
proposal also includes the enclosure of the 19,000 s.f. atrium/swimming pool area,.to
be used for an indoor water park. Site improvements include anew outdoor pool,
expanded and adjusted on-site parking; and incorporation of landscaped bid-retention
areas for collection:of surface run-off(the"Project").
4. The site as presently developed is non-conforming;because more than 50%of the;site
is impervious. Applicant seeks to extend non-conforming site coverage from 59.0%
to 61.9%,and is proposing mitigation through the adoption of and initiation of a bio-
retention storm water management program that is designed to reduce the impact of
impervious coverage.
5 The Applicant will expand the existing structures located on the,property by adding a
third floor to the existing:building as well.as to the new building being proposed.
Since the third level of the existing hotel is pre-existing non-conforming,the addition,
of fifteen hotel rooms on the third level and a third level in the spa facility.will:
increase the degree of nonconformity,requiring a special permit.
1.
r
6. Applicant seeks.a special permit.to extend.the non-conforming Hotel'use in the HB
portion of th'e lot:
7 This property is'benefited by a special permit,Appeal No. 1971-4,a variance to allow
for hot&motel use in the RC-l.District. This*cision refers to 160 total units. In
November 2004,the Barnstable Zoning Map was amended to.rezone the portion of
the Property from the RC-1.(residential)zoning district,where hotel/motel uses are
currently.prohibited to B(Business)zone,where hotel use is permitted as-a right.
S. Appeal.#1985-33,registered with the Land Court as Document#362949-1,is a
variance to allow 95' setback from Route.132 where 100' is required. The Special
Permit approves'a-ore-story addition to the existing building:in the HB-zoned portion
of the Property.including an additional fifty(50)units,as well as a new function
room;enlarged kitchen,exercise room,.second lobby, and elevator. Resulting 22.1%
building coverage(based on 11.43 acres of total lot area),26 total units, and 350 total
parking spaces are referenced in the decision. See copy attached hereto.
9. Applicant seeks,alternative relief by variance if the Board does not grant a special
permit.
10. Cape Cod Commission Decision dated January 10,2008 granted a Development of
Regional Impact(DRI)Exemption,concluding that the location,character,and
environmenta'Y effects of the project will prevent its having any significant impacts on
the values and purposes outside the Town of Barnstable. See copy attached hereto.
PROPOSED SPECIALPERMIT FINDINGS
1. Special Permit'is sought pursuant to Sections 240-93B,nonconforming structure not
used'as>singleand two family dwelling;for existing.non-conforming site conditions.
Use of the property fora hotel/motel is permitted in,the B District pursuant to§240-
21(A)(7),and therefore permitted by special permit under§240-25(C)(1).
2.; Applicant seeks to alter and'expand the existing three-story hotel by the addition of
fifteem(15);hotel units,which will be.established as additional third storyspace.
Further,Applicant s:addng anew spa facility as an addition to.the hotel building.
The spa facility wilt have a°third floor.
3. Applicant seeks to increase the existing nonconforming lot coverage from 59.0%to
61.9%. .Maximum lot coverage in the.GP District is 50%.The drainage plans for;the
expansion include nitrogen mitigation and improved stormwater run-off control
through the adoption of andinitiation ofa bio-retention storm water management
program that is designed to reduce the impact of impervious coverage. Landscaping
will be designed to improve stormwater management.. The bio-retention areas are
sized to meet or exceed the water:quality storm first flush.The enhanced filtering of
run=ff by the bio-retention system will-correlate.to a 25.9% impervious lot coverage.
2
4. The height limitation in this zoning district is.the lesser of 30'or two.stories The.
existing building conforms to the height limitation of 30', and the.proposed expansion
will not change the.height.of:the building.
5. The building will be on public sewer and will not.have an adverse affect on public
health.
6. The continued use of this building as a hotel/motel will not have.a negative impact on
the safety,welfare,comfort,or convenience of the community.;
7. Expansion is needed to keep this property:vital and competitive with other resorts in the
area. The additional rooms in the hotel will generate revenues that will finance the:new
roof,spa,and new pool. These improvements.will elevate the level of service to attract
visitors to this facility. The additional rooms iri the hotel will generate revenues that
will finance the new.roof,spa,and new pool.
8. The landscaping:and parking as shown on the plan Will improve the,appearance.of the
property to passersby on Route 132 and to other businesses and residences in the
neighborhood.
PROPOSED VARIANCE FINDINGS
g g i
1. If the Board does not agree.that the existing building s a nonconforming three-story
structure,variance is.sought from Section 240 21.E-"Bulk Regulations-Minimum Lot.
Size Requirement"to permit a third.floor over two of the existing buildings,as well as.
on the proposed new structure.
2. The proposed three.story building will continue the hotel/motel and accessory usage.
The building height will be,less.than 30..' and the variance relief is sought only for the
number of stories. The building already has a third level and meets the 30' height
requirement,'so improvements would not generally affect the zoning district in which
it is'located:
3. The additional rooms to be built in the.third story,in the hotel.will generate revenues
thatwill`finance the new roof,spa,and new pool. These improvements will elevate the
level of services provided in this facility and establish this property as a tourism.
destination in the area. A.literal enforcement of the provisions of the Zoning:
Ordinance will involve substantial:hardship to the petitioner by limiting the
improvements:that can be made to the property.,
4. The:expansion and improvements to this property will result in an attractive,well
maintained,up-to-date facility that will be an asset to the neighborhood and
community;'without denigrating the intent or purpose.of the Zoning Ordinance..
3
5. The Applicant also seeks Variance relief for the 0.56 acre parcel,Lot 122,which is in
the Residential(R)District,to be used as accessory parking,drainage, and
landscaping.,
6: Lot 122'is located 488' from Route 132 at its closest,point,and is completely.land-
locked.
7.; Development for parking and landscaping will enhance the appearance of this
property,and'improved drainage will be an asset to the neighborhood and to the
expansion of the hotel/motel.
8:. A literal enforcement of the'Ordinance will negatively affect`the Applicant's ability to
expand the,hotel and spa'by.limiting parking„impeding stormwater drainage, and
detracting'from"the landscaping plan. This hardship results from the unique shape of
the buildings on this lot,which directly.-affects:creation of new units within the two-
story imitation.
9.. Desirable relief may granted without substantial detriment to the public good and
without'nullifying•or substantially derogating from the.intent or purpose of.the
Ordinance,in that_the:third story.units will not;exceed the 30' height,requirement,nor,
will they"be visual to the general public,because they are located behind the third
level'fapade of the,existing,building. . The:property is already non-conforming as to
the impervious coverage. The petitioner seeks to mitigate that with improved
landscaping and stormwater management.
M A literal enforcement of the Ordinance would also prohibit the use of Lot 122 (zoned
Residential) for any,purpose, since the lot is currently unbuildable. This hardship
results from the shape of the parcel and the fact.that it is land-locked.
PROPOSED"CONDITION FOR 2008-13 AND 2008-15
The petitioner will comply with all findings of the Cape Cod Commission,the Site Plan
Review,and the Zoning Board.
4
Town of Barnstable
200 Main Street,Hyannis,Massachusetts 02601
&,,,TASM Growth Management Department Patrich Daley,Director
EDMp�p�4$ 367 Main Street,Hyannis,Massachusetts: 02601
Phone(508)862-4785 Fax(508).8624725 www:town.barnstable.ma:us °='g
M
February 11,2008
The Cape Codder Resort
c/o Michael D. Ford,Esq.
72 Main Street,P. O.,Box 485 '
West Harwich,MA 02671 ci
Reference: Site Plan..Review#054-07-The Cape Codder Resort;Hyannis
1225jyannough Road,Hyannis,MA
Map 273,Parcels 023
Proposal: Upgrade existing resort,by;adding anew spa building',and fifteen(15);new°hotel.
units,.and enclosing the:existing atrium/swimming pool area:
Dear Attorney,Ford:
Please be advised that subsequent to the formal site plan review meeting,on January,24,2008,
the proposal was found to be administratively approvable subject:to the following:
• Approval-is based on plans entitled, "Cape Codder Resort&Spa, 1225 Iyannough Road,
Hyannis,MA'prepared by Holmes and,McGrath,Inc., Falmouth.and Rescom
Architectural;Inc.,Bourne;MA,dated,September 24,2007 with revisions.October;12
2007 and October23, 2007.
• Approvals from Massachusetts Aeronautics Commission and Federal Aviation
Administration will:be required:
• Onsite storage'trailers are not permitted:
• Location and size of-all onsite.waterlines.wil.1 need to be provided.
• Must=meet ID Code: Standpipes in:the stairwells in 3. story sections
Hydrant within 100'feet at the back with FD connection
Safety Sprinkler System
o Dumpsters require.screening.
• Chemical storage and electrical'utilities must be separated on new utilities plan.
• Front yard landscaping and sidewalks will require coordination with the Town
• Area from the`entrance.atBearses Way to the'front of the hotel needs to be designated
and marked as a fire lane:
• Applicant must obtain all other applicable permits,licenses and approvals required,
including,but not limited to,.necessary Zoning Board of Appeals relief..
• Applicant must submit final plans to the Site Plan Review Committee which reflect the
Zoning Board of Appeals decision.
• Upon,completion of;'all work, a registered engineer or land surveyor shall submit a letter
of certification,-made upon knowledge and belief in accordance.with professional
standards that all work has been done in substantial compliance with the approved site
plan(Zoning Section 240-104(G). This document shall be submitted prior to the
issuance of the final certificate.of occupancy.
Sincerely,
Ellen M.'Swini.arski, SPR Coordinator`
CC:. SPR File.
Tom Perry,Building Commissioner
ZBA File
I
Town of Barnstable
Growth Management Department
Patty Daley-Director
Staff Report
Ct7
Cape Codder Resort
Appeal2008-007-Special Pernrit:Section 240-93.B Nonconforming Buildings or.-Structures,
to expand the existing structures by adding a third floor to part of the hotel and to,increase a nonconforming lot
coverage from 56.4%to 61.90/6:
Appeal 2008-01`3-Variance-Section 240-211 Bulk Regulation—Maximum Building Height
In thealternative to the above to add the third floor as part of the hotel'
Appeal 2008-014-Section 24035.0 Conditional'.Use.Special Permit ..
for hotel use.in the Highway Business Zoning District
Appeal 2008-015 -Variance.-Sec tion240-14.A-Principal'Permitted.Uses
to use a 0.56-acre parcel zoned residential as accessory to the hotel for,parking and drainage
Date: February 6, 2008
To: Zoning Board of Appeals
Art Traczyk-'Principal Planner
Petitioner: Cape.Codder Resort
Property Address:' 12251yannough Road(Route 132Y and Settlers Lane Hyannis,MA.
Assessor's Map/Parcel: Map 273 as parcels 023 and 122
Zoning: Highway Business, B Business, Residence.C-1,and Groundwater Protection Overlay
Zoning Districts
Background & Relief Requested: .
The subject:property isa 111='acre site shown as two lots:Lots No. 23 and 122 on Assessor's Map
273. The property is owned by Hearth 'n Kettle Properties LP and is developed with a 215,124 sq.ft,,.
258-room hotel with accessory uses and parking. Those accessory uses include a.restaurant, spa,
function rooms, indoor pool, tennis-court,and associated landscape.
According to plans submitted,the applicant is proposing,to expand the existing hotel by
• Adding.a new;24,000 sq.ft.,three-story addition to the south west side of the existing hotel:.
The first and second floor is to be.used to relocate and expand the existing"Beach Plum Spa",
• Expand the pool enclosure by an additional 19,000 sq.ft:to be used for an indoor water park,
- and
• Convert and expand the existing lofted area located within the second floor units into a full
third floor on two existing hotel buildings, (Building 500&600). Staff estimates that third
floor area over the existing building will total 22,000 sq.ft. That area in combination with the
Growth:Management Department—Staff Report
ZBA Appeals 2008-007,013,014,'ind 015—Cape Codder Resort-.
new third floor'over the proposed'spa (6,000 sq.f.) is to be developed into 15,new, two and
three'bedroom living units that, staff understands; are to be sold as 'interval ownership units'.
In addition id,thebuiilding expansion,%th' applicant has,.propose'd"site improvements that include; a
new outdoor pool; expanded and adjusted on-site parking, and incorporation of landscaped bio-
retentionareas for collection of surface.run-off.
Other Reviews/Approvals:
The expansion exceeds the Cape Cod Commission's 10,000 sq.ft threshold as a Development of
Regional. mpact The applicant was.beforethe Commission seeking an exemption from that full
review. The exemption;was approved and issued on January 10, 2008 (copy attached).
The proposal was also before the Town of Barnstable Site Plan Review Committee on January 24,
2608. That meeting identified some concerns which, most noted,could.be dealt with at the building
permit stage: Concerns'included:.
• Fi"re`Jane demarcation at tfe`entrance from'Bearses Way to the front of the hotel;
o`' Water Main location;:
e Fire,sprinklin,g of the existing building;
• Screening ouclumpsters;
On-site storage,trailers;
• Front yard landscape and sidewalk coordination with Town;
Pool;chemical storage and filtration'
History of Development and ZoningAnalysis
Use Variance 19.71-004.`
On Apri1 1; 1971,:the'.Zoning Board granted Use Variance 1971-004 to Regal Inns; Inc.for the
development of a 1.60-unit motel (in 12 buildings) with 391 on-site parking spaces amenities
(swimming pool;.,meeting rooms,and tennis)., At this time the subject property was a single lot
consisting of 11 34 acres: The`majo'rity.oUthe lot was in a Business B Zoning District and permitted
hotel use as-of-right, subject to the motel/hotel regulations, Section N of the zoning bylaw at that time.
However;a small triangular'part of the lot was in the Residence D-1 Zoning District and the use.
variance was,granted for that area of the lot zoned for residential,use only.
On November 18, 2004,Town Council amended the zoning district line in this area as a part of the
adoption of PIAHD, Private:In Affordable Housing. That amendment.altered the B Zoning
2
Growth Management Department—Staff.Report
ZBA Appeals 2008-007,013,014,and 015 Cape Codder Resort
District line such that it followed the property of the:original hotel lot addressed as 1'225,lyannough:
Road (Route 132)-Assessor's Map 273, parcel 023:'`
That zoning district change negates the need for the 1971 Use Variance as it applied only to the
portion of the land that is today rezoned to Business B and hotel use is permitted as-of-right in that
area subject to.the provision of Section'240-21:F (copy attached):
Building& Expansion: -
The Assessor's record indicates that the hotel was initially built by 1973. Sometime thereafter,the
hotel was further expanded from:160 units to 212 unitsZ. It appeals to staff that the.expansion.was
within the Business B Zoning District as it existed prior to 2004;and therefore permitted as-of-right.
Highway Business Zone:
In 1983/84 the first 300 feet of the lot was rezoned to Highway Business. That rezoning imposed a
100-foot front yard setback off Route 132'.and the hotel use.was made a Condition al.Use by special
permit' in the Highway'Business zone:
On April 26, 1985, Special Permit/Variance 1985-033 for"Project B" was granted to Hyannis Hotel.
Associates. That relief allowed for a one-story addition to be built 5 feet within the 10.0-foot:setback
off Route 132 and allow, within the Highway Business District,'motel/hotel function rooms, storage,
an increased kitchen area,an elevator,and a second lobby.'
Also at this time, components "Project A" and "Project C"were proposed. According to'information
in the file,those two components were permitted as=of-right by the..Building Commissioner 8 they
were located completely in the Business.Zoning'District. They included a.50:room addition that
increased:the total room count to 261 rooms. The on-site'parking being provided was cited at 250
vehicles.
y
' Town Council Order No.2004-1.14..
The plans submitted to the Board in 1971 showed the future expansion planned for the.hotel.
Article 13-1(d)adopted November 5, 1983
'Article 1'3-1(a)adopted,November 5,,1983
s At this time the additions included components"Project.A"and.."Project C". According to information,in the'
file those two component were permitted as-of-right by Building Commissioner. They included the 50 room
addition to.now increase the total room count to 261 rooms. The on-site parking being provided was cited at
250 vehicles.
3
Growth Management,Department—Staff Report'
ZBA Appeals2008-007,013,014,and 015—cape Codder.Resort:
Hotel Lot.Expansion 2000`
On October°4j..2000i a landlocked'0.56 acre parcel, addressed as O Settlers Lane (Assessor's Map
273/parcel 122)..was transferred into the ownership of the prior hotel Owner and eventually to the
present,hotel owner in2002:6
This parcel is situated.to the rear of the hotel-and is completely,in the Residence C-1 Zoning District.
The parcel was not a part of any prior hotel plans nor a part of any prior relief issued;therefore, its use
needs;relief.:.Also,.'as the 2004„adjustrrlents to the Business B zoning line followed existing lot lines, it
did not segment`the lot;-therefore, Section 240-6.0(the 30-f6ot extension in the zoning line) is not
applicable;
In the plans before the Boardfhe:"applicant has proposed this lot area to be used for accessory,parking,
drainage,,and landscaping. Appeal.2008-01'5 has requestecl a variance to Section 240-14.A-Principal
Permitted'Uses to use the:056 acre parcel as accessory to the hotel.
Hotel Lot`Expansion 2002:
On September`19, 2002, 1.20 acres fromthe abutting Town,of Barnstable-Police Department land
was transferred to the hotel and combined with the existing hotel parcel, That transfer increased the
hotel lot areaao 12.54 acres(identified.today as Map 273/parcel 122)..
In 2005,the owner of the hotel received approval to develop the 1.2"acre site:as a parking,lot to
accommodate,87 vehicles That improvement, although in.the Highway'$usiness Zoning District,was
permitted'as=of--right as,accessor parking to the existing hotel use.
Review°of Appeals Requests:;
Appeal 200&007
Appeal 2008-007 petitions for'aSpecial Permit pursuant to Section 240-93.13 Nonconforming
Buildings or Structures Not Used as Single-or Two-family Dwellings. Staff's understanding is that this
relief is being sought to;
expand the existing structures located on the property"by adding a third floor to part of the
existing building-"as well:as to the.new building.being proposed;
• to increase the existing;nonconforming in lotcoverage;by impervious materials from
6 Between 1990 to October 4,2000,,the 0.56-acre parcel was transferred several times between the hotel owner
and adjacent property owner. Apparently;there was a'n:issue as to clear.title with the abutting parcel(today
Settler's Landing Subdivision):
The impervious coverage of 56.46/6 to�6"1.,9%a.was taken from the plans submitted with the application with a
last revised date of 10/23/01.
4
Growth Management Department=Staff Report
ZBA Appeals 2008-007,013,014,and 015 Cape Codder Resort
Third Floor Nonconformity:
The existing hotel room buildings consist of a first floor with rooms accessed from a<common hallway.
The second floor follows that pattern except that each room has an interior lofted level above. The
loft area is accessed only from the individual room area below and there is no common hallway above
the second floor. It is staff's understanding that it is this lofted area that the applicant will attempt to
cite as the nonconformity that is being expanded.upon to create that full.third floor.
Staff's review of-this issue,:however,does not substantiate,that the development pattern is apre
existing legally created nonconformity in structure. For background,the height limitations have
always been two stories or 30 feet to plate whichever is the lesser. The existing building conforms to
the height limitation of 30-feet to plate:
In conversations with the Building Commissioner;staff was informed that'this pattern:of development,
was then, and still would be, permitted as'being two stories-under the state Building Code as wel'I`'as
Barnstable's Zoning Ordinance. It appears that the issue is the building codes for a:hotel which would
require a common hallway to trigger a floor. in this situation,the.lofted area is open,to;tle room-area
below and:is accessed only from the:second floor common hallway via the individual room. This
pattern does not trigger a 'story'r under the building code, nor triggers'story'under,the Ord inance8
The lofts aresimply a part of the.second story of the buildings.
Lot Coverage Nonconformity:
With regards to the nonconformity in lotcoverage,that requirement of maintaining 50% of the lot area
as impervious was imposed with the adoption.of Groundwater Protection in 19879. Between.1987 .
and today,.a.total of 1.76 acres of undeveloped land (land in:a natural.state)was added.to the.original
11.34 acre lot,:an increase of 1.5.5% in lot area. The applicant should be prepared to document that
the existing lot coverage that exceeds 50%was legally created and pre-existed the 50% lot coverage
imposed by adoption of the Groundwater Protection Overlay District;therefore, is a pre-existing-
legally created.nonconformity:
The Board should.note,that the drainage plans for the expansion include nitrogen:mitigation.
Appeal 2008-013. ¢
Should the Board agree.with staffs.,review of the non-conformity in terms of story,the applicant has
submitted Appeal-2008-013 in the alternative. That appeal seeks:a variance to Section..240=211 Bulk
Regulation, Maximum Building Height to permit.a third floor over two of the existing buildings as well
as:,on.the.proposed'new structure where two stories is the maximum allowed:
e Zoning defines"Story"as"That portion of;a building included Between the,upper surface of a floor and the
upper surface of the floor or roof next above.and having at least 1/2 its height,above grade.."
v Groundwater Protection Overlay District adopted Nov. 7, 1987 by TM Article 2
5
Growth.Management Department>Staff Report
ZBA Appeals'2008-007,013,014,and 015-.Cape Codder Resort'
With regards to the proposed third Story; "staff estimates the.total floor area to be 28,000 sq.ft. Some of
that floor:=area already exists within the second floor lofts and 6,000 soft. which will be from the third
story overthe new spa;building. The three floors will conform.tothe maximum height of 30 feet to
plate. Relief is;sought only for the number of stories to allow three stores when only two are
permitted:_
Plans submitted show the third floor is to be:developed into 15 apartment units..Eight,two-bedroom
units consistingof approximately 1,272`sq.ft. of living area and seven three-bedroom units consisting
of approximately 1;726'sq.ft. Each unit is.shown with private balconies each consisting of 103 sq.ft.;a
full kitchen, and three full'baths.
Appeal 2008-0'14
This appeal is seeking a Conditional Use Special.Permit pursuant to Section.240-25:C(1) for that area
of the expansion being in the Highway Business Zoning District,'or in the alternative, a Special Permit
pursuahtjo Section'240=94 for the expansion of a nonconforming use.
Approximately 35 feetof the proposed third story with its added units extends into the Highway
Business'Dlstrict. That extension into.the district would appear to'trigger the need for special.permit:
Given that the permit can be;secured as'a conditional use,staff would recommend that the'appiicant
and Board consider that course as granting-that permit only requires a_finding that"such uses do not
substantially adversely affect the public health, safety,welfare;:comfort or convenience of the
community."
If the Board and applicant determine'to proceed under the provision of Section.240-94, some of the
requirements that must be substantiated and issues that will need to be addressed are:
• ' .."Any`proposed expansion of.the use shall conform to the established setbacks for the
zoning district in' hich it is located". Part of the g existin -building Y
alread intrudes into
the front yard setback by prior variance.
• "The'proposeduse and expansion is on the same lot-as.occupied by the nonconforming
use on the date it became nonconforming." This lotwas altered by the addition of 1.2
acres:
• "The proposed use is note
ex and p p p ed beyond the.zoning district in existence on the date it
-became nonconforming.." Part of this proposal.seeks a use variance to expand into
residential zoned property.
• The applicant Shall demonstrate maximum possible'compliance with § 240-53,
Landscape Requirements`for Parking Lots,Subsection F".
Appeal2008-015.
This appeal is seeking Ia use variance to allow a 0.516 acre resideri2ially:::zoned lot to be used as
accessory'to the:hotel for parking, drainage and landscaping. The Board should note that-this lot was
6
Growth Management Department—Staff Report
ZBA Appeals 2008-007,01-3,014,and 015—Cape Codder Resort
created by a 1999 subdivision and did notconform to the minimum.lot area or minimum lot frontage.
It was essentially a non-buildable, landlocked parcel when created:
The lot is situated approximately 488 feet off Route 28 at its closestpoint therefore.Section'240-
12.5.B(e)10 authorizes the Board to grant a use variance if it should so find to do so.
In addition, staff understands that the.lot it is developed from has'Ssues;relating_to the title but we
have no proof that was the case.
Permitted As-Of-Right:-
The Board should note that according to,the plans submitted;it would appear the following
components of the plan could be permitted as-of-right: .:
• The proposed indoor water park use appearsto conform as an accessory use to the hotel.
• The proposed structure to house that Water park also appears to conform to the regulations
for buildingin the Business 6 Zoning District and that structure should be.able to;:be.built
as-of-right:
• To incorporate a spa as accessory to the.hotel'would also appear to'be customary and
incidental tcrthe primary use and'should be permissible as-of-right:"
Board Finding Requirements:*
Special Permit,Findings:
In addition to the specific requirements for the specified special permits;:the granting of'a special; .
permit requires the following general,findings of facts to be made'by the.Board:
• The application falls,within a category specifically excepted in the ordinance for a grant.of a
special permit,
That after evaluation of all the evidence presented,the proposal fulfillsthe.spirit:and intent of
the Zoning Ordinance and would not'represent a substantial detriment to the public good or
the neighborhood affected.
• That a site plan has been reviewed by the Site Plan Review Committee and found'approvable..
10,.Section>240-125.6(e)—"Use variances.:To authorize variances-for,Uses is accordance with the provisions of
this chapter;'provide_d, however;that no such variances shall be granted within 300 feet of the major arteries
known as Route 28; Route:1'32, Route 149 and West Main.Street."
"The Board should note that this discussion is based upon staff review of the initial plans submtted. :The final
determination would be made by the Building Commissioner upon full review of the detail plans for
development.:
Growth Management Department-.Staff.Report .
ZBA Appeals 2008-007,613,014,and,015—Cape Codder Resort
Variance Findings:
The statutory requirement of MGL Chapter 40A;Section 9 for the granting of a variance is a three-
prorigAest. The'applicant mustsubstantiate those conditions thatjustify the granting of the relief being
sought.. The Board is required-to find that each of the three statutory requirements has been met to
consider the grant of variance.`The statutory requirements are:
• owing.to.circumstances related.to soil conditions,shape,or topography of such land or
structures and especially affection such land or structures but notaffecting generally the zoning
district in whichIt.is located;
• ,a.literal enforcement of the provisions of the.`Zoning Ordinance would involve su.bstantial
hardship;financial orotherwise to the petitioner; and
desirable reliefmay berg"ranted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance.
An application:for a variance that 48:-met all three requirements"does not confer ... any legal right to
avariance." The.Board still has the discretionary power to grant or not;grant the variance..
Sug
gested n
gg .
Co dttions�: .
Draft suggested conditions wilfbe forwardedio the Board at'a later date.
8
��� Yfhl t kWT;
UkrMOTAOLL
Town of Barnstable �� JAN -Z P 1 �19'
Zoning Board of Appeals
Application for a'Special Permit
Date Received For office use only:
Town Clerk's Office: Appeal# ;Z22>`a'"-0,07
Hearing Date
Decision Due
The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit,in the manner and
for the reasons set forth below:
Applicant Namel:'Cape Codder Resort Phone : (508)771'0040
Applicant Address: 141'Falmouth Road,Route 28,Hyannis,MA
Property Location: 1.225 lyannough Road;Hyannis,MA
Property Owner:Hearth N Kettle:Properties LP Phone: (508)771-0040
Address of Owner: same as Applicant; applicant is an operating company wholly owned by the
owner of the property:
If applicant differs from owner,state nature,of interest:2
Assessor's'Map/Parcel Number: 273/23 Zoning District:EBB/RC-1
Number of Years Owned: 7 wears Groundwater Overlay District: GP
Special Pernut Requested: Section'240-93B
Cite Section& Title from the Zoning Ordinance.
Description of Activity/Reason for Request:Applicant>seeks to alter and expand:the existing,
three=story hotel by the addition.of fifteen(15)hotel units,,which will be established`as
additional third story space.Further, applicant proposes a new spa facility as an addition to the
hotel building. The spa facility will also have athird floor. Since the third story of the existing:
hotel is pre-existingrion-conforming the addition of fifteen hotel rooms on the third level and a
third level in the spa facility will increase the degree of nonconformit�quiring a special
permit.
Description of Construction Activity,(if applicable): The addition of fifteen (15)hotel rooms as'
third level space to the existingboteltand resort and the addition a spa facility,which willhave a
third level. See plansattached. Attach additional sheet if necessary
The Applicant Name'will be the entity to which the special pennit,will be issued to.
z If the applicant.differs from owner,the applicant will be required to submit one original notarized letter.
authorizing the application,a copy of an executed purchase&sales agreement or lease,,or other documents
to prove standing and interest in the property..
Application:for a Special,Permit Page 2
Is the property subjectto'an existing variance or Special Permit... No [] Yes [X]—Permit No
Existing Level of Development of the Property--Number of Buildings:One
Present Use(s): Hotel.resort, and conference center
Existing Gross Floor Area: 221384 sq. ft. Proposed Gross Floor Area: 269.240 sq.ft.
Site,Plan Review(required to be;completed prior toapplyng to the Zoning Board of Appeals):
Site;Plan Review Number: Application on file-no number assigned.yet
Date Approved:
[] -Not,Required - Single or Two Family use
Is the property located in a designated Historic District? ...:: . .: : :...........Yes[ } No [X]
Is this proposal subject'to the jurisdiction of the Conservation Commission .::.....Yes [ ] No [X]
Is this proposal subject to approval by'the Board of Health'' ......;............... ....Yes [X] No [ ]
Is the building a designated Historic Landmark? ..:..... .....::: :...............:............Yes [ ] No [XJ
Have you applied fora building permit? ......... ..... .. ........................................Yes [ ] No [X]
Have you been refused a building permit? ....... ......... ....... ..............:.....:........Yes [ ] No [X]
Yes as to the•operation.of the facility, but the resort is connected to Town sewer.
The:,fol lowing>information.must be submitted with the application.-at-the time of filing,failure to do so may result in
a denial of your request.
• Three(3)copies:of the completed application form,each with original signatures.
Three(I)copies ofatwet sealed'certified property survey(plot plan)and one(1)reduced copy(8 1/2"x I I"
or I I"xa,77)showing the dimensions ofthe'land,all'wetlands,water bodies,surrounding roadways and the
location of the existing improvements on the land.
• Three(3)copies of a proposed siteGimprovement plan as found approvable by the Site Plan Review Committee
(if applicable),and building elevations and layout as maybe required:plus one(1)reduced copy(8 1/2"x 11"or
l I"x 17")of each'drawing.These plans must show the exact location of all proposed'improvements and
alterations on the:land and to the structures.See"Contents of Site Plan",Section 4-7.5 of the Zoning Ordinance,
for detailed requirements:
The applicant may""submit any:additional,supporting documents':to assist theBoard in making its determination.All
supporting documents must be submitted eiahtdays prior to the pub lac hearing for distribution to the Board
Members.
Signature: Date: a(. ,, -7
Applicant's or Representatives.Si ature
Print Name: Michael:D::Ford,Esq. 72'Main Street,P.O`Box 485 West Harwich MA 02671
.Representative's 3 Address: 72 Mairi Street. P.O. Box 485. West Harwich, MA 02671
Phone:(508)430-1900
Fax No.:.(508)430-9979`
3 Note:All correspondence on this application will be processed through the Representative named at that address and phone
number provided.Except for Attomeys,if the Representative dilYcm from the Applicant/Owner,a.letter authorizing the
Representative to act on behalf of the Applicant/Owner shall be required.
j �j 1, q ), wwrAsm
MASS.
LE
Town:of.Barnstable
20CP JAN 16 PM �: 07 Zoning Board of.Appeals
Application.for a Special.Permit
------Date-E ' ed For office use only:
TUi 's Office: Appeal#.
Hearing_Date`
Decision Due.
The undersigned hereby applies:to:the,Zoning Board of Appeals for a Special Permit,..in the manner and
for the reasons set forth below:
Applicant Name: Cape Codder Resort Phone: (508)771=0040
Applicant Address: 141 Falmouth Road,Route 28,Hyannis,MA
Property Location: 1225 Iyannough Road,Hyannis,MA
Property Owner:Hearth N Kettle Properties LP Phone:f5081.771-0040
Address of Owner:same as Applicant:applicant is;an operating company wholly owned by the owner of
the property.
If applicant differs from owner,state nature of interest:
Assessor's Map/Parcel Number: 273/23,273/122 Zoning District:HB/B/RC-1
Number of Years Owned: 7 _years Groundwater Overlay District: GP
Special Permit Requested: Section 240-93B
Cite.Section& Title from the Zoning Ordinance
Description of Activity/Reason for.Request:Applicant seeks to alter and expand the existing hotel by the
addition of:fifteen G 5)hotel units,which will be established as additional third story space Further,
applicant proposes anew§pa facility as an addition to the hotel building The spa facility will also have
third floor. Since the third level.of the existing hotel is pre-;existing non-conforming,the addition of
fifteen hotel rooms on the third level and a third level in spa facility will increase the degree of
nonconformity,reguiring a special permit. .This site as presentlyd eveloped is non-conforming because:
more than 50%of the site is impervious. Applicant seeks to extend non-conformant site covera eg f� rom
59%to 61%,and is proposing thitigationthrough the adoption and initiation of a bio-retention storm
water management program that is designed to reduce the impact of impervious coverage. Finally,
Applicant seeks a special permit to extend the non-conforming'Hotel use in the HB portion of thIe lot.
Applicant seeks alternative relief by variance if the Board does not rant a special permit
Description of Construction Activity(if applicable):The addition of fifteen 05)hotel rooms as.third level
space to the existing hotel and resort and the addition a spa facility,which will have a third level See
plans attached. Attach additional sheet if necessary
' 7 he:Applicant Name will be the entity to which the special permit will be issued to.
Z If the applicant differs from owner,the applicant will be required to submit one original notarized letter
authorizing the application,a copy.-of an executed purchase`&';sales agreement or lease,or other documents
to prove standing and interest in the property.
y
DARIN' I—
a nab uu $`: 4 U$ 'l* ika';i1"4:XiF+al
Is
'08 JANI-23 P 1 24 Town of Barnstable 7.( 8 JA `16. PM 4: 50
Zoning Board of Appeals
Application for a Variance -DIVi ION
Pate Received For office use only:
town Clerk's Office: Appeal#
Hearing Date
Decision Due
The undersigned hereby applies to:the Zoning Board of Appeals for a Variance,in the manner and for the reasons set
forth'below:
Applicant Name;'Cape Codder Resort Phone:(508)771-0640
Applicant Address: 141 Falmouth Road.Route 28 Hyannis,MA
Property Location: 1225 Ivannou Road,Hyannis,MA
Property Owner:Hearth N Kettle Properties LP Phone.(508)771-004
Address of Owner:Same:as Applicant;Applicant is;an operation company wholly owned by the owner of the
propegy-
If applicantClio s froin`oWner,state stature of interest:
Assessor's.Map/Parcel Number:273/23,M/122 Zoning District:.HB/B/RC-1
Number of Years Owned; 7 years Groundwater Overlay District:GP
Vanance'Requested:Section 240-93B
Cite Section& Title of the..Zoning Ordinance
Description of Activity/Reason for Request:Applicant seeks to alter and expand the existing three-story hotel
.by the addition of fifteen(15)hotel units,which will be established as additional third story space.
Further;applicant proposes a:new spa facility as an addition to the hotel building. The spa facility will
also have a third floor. Section 240.21:E;.Bulk Regulations,provides for a maximum building height of
thirty feet,or twastories whichever-islesser in the B and 14B Zones. Although the pro2osed
improvements will meet the 30'requirement;:they do'consist of;three stories. Asa result, applicant
seeks variance relief.:
The renovations will include an area that is to be used for parking and drainage_a portion of which is
located on an abutting lot owned by the Applicant,which lot is zoned RC-A,Residential.Parking,.
accessory to a business,is not,permitted in the RC-1 Zone. As a result.Applicant seeks variance relief
under'240-14.Ato allow the 1parking Arid drainage;as shown on the plan.
Attacli additional sheet if necessary
'if the-applicant differs from owner;the applicant will be.required to submit one original notarized letter,copy of a
proposedpurchase.&sales agreement or.lease,or other documents with the application to prove standing and interest in the
parcel or structure:
2 Note:All correspondence on this application will.be processed through the Representative named at that address and phone number
provided.Except for.,Attorneys if the,Representative differs from the Applicant/Owner,a letter authorizing the Representative to act on
behalf of the Applicant/Owner shall be required.
Application for a,Variance,Page 2
Does the property have any existing Variance or Special Permit issued to it? NO Permit No.:
Existing Level of Development of the Property-Number of Buildings:One, r
Present Use(s):Hotel,resort,and conference center
Gross Floor Area:221,384 sq.ft. Proposed Gross Floor Area to be Added:47,856 sq.ft.
Altered:269,240 sq.ft. ,
Description of Construction Activity(if applicable): See Plan of Cape Codder Resort&Spa dated September 24,
2007,Holmes and McGrath,Inc,Civil Site Engineers:Rescom Architectural,Inc,Architect:East Coast Commercial
Construction,Contractor.
Attach additional sheet and plans if necessary
Site Plan Review.(required to be completed'prior to applying to.the Zoning Board of Appeals):
Site Plan Review Number:Application on file—no number"assigned yet.
Date Approved: []-Not Required Single or Two Family:use:
Is the property located in a designated Historic District?.................................................I............Yes[]No[X].
If ye s[J-Old King's Highway Regional-Historic.District
Date Approved(if applicable)
{]-Hyannis Main Street Waterfront Historic District
Date Approved(if applicable)
Is the building a designated Historic Landmark? ...:......dirt ........................................:......................Yes'{J No[X]
Have you applied for a building permit? ..::............... ...... ........Yes[]No[X]
......................... .......... ...
Have you been refused a building permit?.... . ......... ............................................ ............Yes[]No[X]
The following information must be submitted with the application at the time of filing.Failure to do so may result in a denial of your request
• Three(3)copies of the completed application form,each with original signatures.
• Three(3)copies of a certified property survey(plot plan)and one(1)reduced copy(8 1/2"x I I"or 1`1 x I7")showing the dimensions
of the land,all wetlands,water bodies;surrounding roadways and the location of the existing improvements on the land.
• Three(3)copies of a proposed site improvement plan and one.(l)reduced copy(8 1/2"_x 11"'or I I"x 17"),drawn by certified
professional and found approvable by:the Site Plan Review Committee(if applicable).This plan must show the exact location of all
proposed improvements and alterations on the land and to structures.See"Contents of Site Plan",Section 4-7.5 of the Zoning Ordinance,:for
detailed requirements.
• The applicant may submit any additional supporting documents to assist the Board in making its detemrination..
Signature: - bate: '
Applicant's,or Repremnlalive's Signature
Print Name: Michael D. Ford,Esq..72'M.ain Street,P.O.Box 485,West Harwich, MA 02671
Representative's Address: 72 Main Street,"P.O. Box 485,West Harwich,MA 02671
Phone::(508)430-1900 Fax No.: (508)430-9979
Towri of Barnstable Geographic Information System January 2,2008
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DISCLAIMERS This map is for planning purposes only. it is not adequate for legal Map:,273 Parcel:023
boundary determination or regulatory interpretation. Enlargements beyond a scale ofHEARTHR Selected Parcel I�r..wrrlt
t'=100'may not meet established ma accuracy standards.The p Owner: 'N KETTLE PROPERTIES Total Assessed Value:$10420800
Y p y parcel Imes on this ma
are only graphicc-representations of Assessors tax,parcels:They are riot hue property Co-Owner: Acreage:12.54 acres Abutters
boundaries and do not represent accurate relationships to physical features on the map Location:1225 IYANNOUGH ROAD/RTE132
such as building bcations. - Buffer
Barnstable Assessing Search Results Page 1.of 3
.a
rjivis l)n:Property Asse'$StT ent 5earch ReSURS
New.Search ~ New Interactive.Maps_?!?
Owner: Values:
Assessed
Values:
HEARTH'N KETTLE PROPERTIES
LP'
1225IYANNOUGH ROAD/RTE132 Appraised value Assessed Value
Map/Parcel/Parcel Extension :Building,Value: .$7,741,000 $7,741,000
273 /023/ Extra Features:--'$0 $0
Outbuildings: $228200 $228,200
Mailing Address Land.Value: $2 451,600, '$2,451,600.
HEARTH'N KETTLE PROPERTIES
LP
Totals s:10;420;800 $10,420,800
141 FALMOUTH RD
HYANNIS MA..02601
2007 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuetion)
Community Preservation Act tax $1,741.32 Fire District Rates Town
Barnstable-AII:Classes $2.10 $6.32
C.O.M.M:-Ali...Ciasses $1:03 Comm, ,
Hyannis FD Tax(Commercial) $24,697.30 Cotuit FD-All.Classes $1.34 $5 57
Hyannis-Residential $1.54 Person
Town Tax(Commercial) $'58,043.86 Hyannis-Commercial $2.37 $5.57
Hyannis-Personal $2.37 Other l
Residential Exemption PDit - - W Barnstable-Residential :$2.02, Commi.
W Barnstable-Commercial '$1.69
W Barnstable-.Personal $1.69.
Total: $84,012.48
Construction.Details, Property sketch Legend
Building g Pr ' erty Sketch & ASBU
r _ '
Building;value $7,741,000 interior Floors Typical
style. Motel Interior Wails Typical
Model Commercial Heat Fuel Typical
Grade Below Average Heat Type Typical'
http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappai--273... 1/8/2008
Barnstable Assessing Search Results Page 2 of 3
Stories .2 AC Type Unit/AC
4
Exterior Walls VVood'Shingle Bedrooms 00 x1I' � _`1
7` 135 `
Roof Structure Gable/Hip Bathrooms O Full: I41
Roof Cover Asph/F Gls/Cmp living'area 215124 . 'ae I5 " � 14 6
Replacement Cost,:$9295573. Year Built 1973 ;FUSAii" UBrBAS4-
C
k ( i$4 '. r1
Depreciation. 19 Total:Rooms - 49 _ 1
�R
Bk6
I-and
214 _ . I441 4
CODE „301:0
.3, BAS
FBM 79
Lot Size(Acres) 12.54 1 O
Appraised Value $2,451;600
AsBuilt Card WA
Assessed Value .`$2,451;600
..
777View Interactive Maps»
Saies History-
Owner: Sale;Date Book/Page: Sale Price:
HEARTH'N KETTLE`PROPERTIES.LP Sep 19 2002.12:OOAM 15617/338 $0
HEARTH'N KETTLE'PROPERTIES LP Dec 28 2000 12:OOAM C160226 $7,522,500
SLT REALTY LIMITED PARTNERSHIP Sep 12 199712:60AM`,C145783 $8,967,760
FLATLEY,THOMAS J TR Oct 15 199.2 12:OOAM' C127977 $4,000,000
COAST FED MORTGAGE.CORP Apr 15 1991 12:06AM C123010 $11,600,000'
CARROLL,ROBERT J.: Jun 15 190012:OOAM C120810 $I'm
JONES,ALLEN F TRS& Mar 151988 1 nmm 0113705 $1
JONES,ALLEN'F OctA51971 12:OOAM C52717 $0
FLATLEY, HOMAS'J TR& 8235/018 $4,0010.000
RELEASE OF INTEREST: 8235/002 $1
Extra Building Features
Code. Description.: : Units/SQ ft Appraised Value Assessed Value
SPl 7 Indoor` .6ol` ,1600 $16,000 $'!6,000
TEN Tennis Court 7200 $4,500 $4,500
PAV1 PAVING-ASPHALT 100000 $210;000. $216,000
SPL3 Pool Gunite 1600 $13,700 $ 13,700
Property;Sketch
Legend,
$AS First Floor,Living Area, FST Utility Area(Finished Interior) UAT Attic Area(Unfinished)
BMT Basement Area(Unfinished) FTS Third'.Story Living-Area.(Finished)' UHS Half Story:(Unfinished)
h4://www.town.bam§table:ma.us/assessing/assess06/displayparcelO7mzip.asp?mappar=273... 1/8/2008
Barnstable.Assessing Search Results _ Page 3 of 3
Second Story.Living Area
CAN Canopy FUS UST Utility Area(Unfinished)
(Finished):
FAT Attic Area(Finished) G (UnfinisshAR Garage:: UTQ Three Quarters Story
ed).
i
FCP Carport GRN Greenhouse UUA Unfinished Utility Attic
FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story
(Unfinished).
FHS Half Story(Finished) SFB Semi Finished Living Area. WDK Wood Deck
FOP Open or Screened in Porch TQS Three Quarters Story(Finished)
t
f
y
2
5
d
I
r I
s
1
I
f
http://www.town.bamstable.ma.W/assessing/assessO6/displayparce107map.asp'?mappar=273... 1/8/2008
Barnstable:Assessing..Search Results Page 1 of 2
$� �':" � �' "9 m¢' Aa ,a-aE 4. *A` �"Y` �' +�' i 4! � •�; g! I1CYC $ Lg q lg'. �
f �xr c 4 2� ��. a e r „�,a, w� � • a- n. sf� 'dare' Na
r se.so , D,visic-il Proper'ASS(2,GGRICAlt Seal—Ch ReE s",iLs
New Search t � �
New Interactive_Maps »
Owner-. 2008 Assessed_
"Values:
HEARTH N KETTLE,:LP
o SETTLERS LANE Appraised Value Assessed Value
Map/ParcellParcel'Extension, Building Value: $:0 $0
273 /122/ Extra Features: .$:0 $0
Outbuilding's`. $0 $o
Mailing Address Land Value: $7800 $7,800
HEARTH N KETTLE,LP .
Totals:$7,800 $7,800
141 FALMOUTH RD
HYANN IS,:MA.02601
2008 REAL ESTATE Tax Infornlation:, TO Rates: (per$1,000 Of valUation)
GommunityPt6servation Act Tax $1:.54 Fire District Rates Town
Barnstable FD-All Classes $2.04 $6.58
C:O.M:M.-All Classes $1.03 Commerch
Hyannis FD,Tax(Residential) $11.93 CotuitFD All Classes $1.03 $5.80
Hyannis=Residential $1.53 Personal P
Town Tax(Residential) $51.82 Hyannis-Commercial $2.35 $5.80
Hyannis-Personal $2.35 Other Rate
W Barnstable-:Residential $1.86 Community
W Barnstable-Commercial $1.86
W Barnstable-Personal $1.86
Total: $,64 79
Construction Details
PrOP�rt�r Sketch & ASSUILT Cards
BLltlt�iit(�' ' Propert'Y Sketch. ege d
Construction info N/A
A sketch is not;available for this parcel.
1
Lath) !
I
i
AsBuilt Card N/A
i
http-.//Www town bamstable ma.us/assessing/assess/displayparcelO8rhaD.asp?mappat-2731... 1/16/2008
Barnstable Assessing Search Results Page 2.of 2
CODE 1320
Lot Size(Acres) 0.66 ,
View Interactive_Maps..»
Appraised Value $7.800
Assessed.Value $7,800
f,
Sales History:
Owner: Sale Date. Book/Page: Sale Price:
HEARTH N KETTLE,LP Mar 4 200212:00AM :14886/317 $5,00.0
FLATLEY,THOMAS J Oct 4 2000 12:OOAM 13281/126 $1
MORIN,MARTHA M Apr 1,5169612:OOAM 10160/229 $1
FLATLEY,THOMAS J Mar 15 1996 12:OOAM :10118/037 $5,006
RIDDER,JON F Sep 15.1994 12:OOAM 9353/006 $275,000
BIDDER,JON F Oct 15190012:OOAM 7336/304 $200,000
.MORIN,MARTHA M& Mar 151990.12:OOAM 7088/317 $5,000'
JONES,ALLAN F Mar 151990 12:010AM 7088/316 $1
JONES,ALLAN F Mar 15 198412:OOAM 4034/075% $0
JONES,ALLAN F 1286/.973' $0
Extra Building Features
Code Description Units/SQ ft Appraised Value Assessed Value
Property.Sketch
Legend
BAS First`Floor,'Living Area FST Utility-Area(Finished interior) UAT Attic Area(Unfinished)
BMT Basement Area(Unfinished) FTS Third Story.Living Area(Finished) ` UHS Half Story(Unfinished)
CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished)
(Finished)
FAT Attic Area(Finished) GAR.Garage UTQ Three Quarters Story
(Unfinished)
- FCP Carport ORN Greenhouse UUA Unfinished Utility Attic
FEP Enclosed Porch PTO -Patio UUS FuI1;UppeC2nd Story
(Unfinished)
FHS. Half Story(Finished) SFB Semi Finished Living Area WDK.'Wood Deck
FOP Open or Screened in Porch TQS Three Quarters Story(Finished)
http://www.town.bamstable.ma.us/assessing/assess/disDlayparcel08map.asp?mappar=2731... 1/16/2008
f=
B A fi ; T� 117
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Town of Barnstable
:Zoning.Board of Appeals
Decision and Notice -
Special Permit 2008-014-Cape Codder Resort
Section 240-25.0-Conditional Use Motel
for hotel use in the Highway Business Zoning District.
Summary:.. Granted with Conditions
Petitioner: Cape Codder Resort
Property Address: 1225 lyannough Road (Route 132) Hyannis,MA
Assessor's Map/Parcel: :Map 273 Parcel 023
Zoning: Highway Business& Business B Zoning Districts .
Relief.Requested and Background:
The subject property is a 13.1 acre,site shown as lots 23 and 122 on Assessor's Map 273. Only the
first 300 foot depth of the property is located within the Highway Business Zoning District and all of
that area is within parcel#23. The.property is owned by Hearth 'n Kettle Properties LP.and is
developed with a 215,124;square foot,'258 room hotel.with,accessory uses and parking. Those.
accessory uses include a restaurant,spa, function rooms, indoor pool;tennis court,and associated
landscape:
According to plans submitted, the.applicantis proposing to expand.the existing hotel. A new'24;000
square foot, three-story addition to the southeast side of the existing hotel is being proposed. The first
and second floor is to be used to relocate and expand the existing"Beach Plum Spa The existing
pool enclosure is to be expanded by 19,000 square feet and converted to,an indoor water park. A
third floor is also proposed on two,of the existing hotel buildings (Building 500 & 600). The third
floor area over the existing building will total 22,000'square feet. That area,,in combination with,the
new third floor over the proposed spa.(6,000 sq.ft.),_isto be developed into;15, new, two and.three.
bedroom living units that are to be sold as 'interval ownership units': Most of the.proposed.
expansion,exceptfor some`35 feet, is fully.located in the Business B Zoning District as from the
standpoint of the use is permitted as-of-right. However, that slight incursion into the Highway
Business Zoning District necessitates the.need for:this conditional use special per
In addition to,the building expansion,`the applicant has proposed site-improveme.nts.thaf include a
new outdoor pool adjacent,to°the new spa building, expanded and adjusted,on-site parking, and
incorporation of landscaped bio-retention.areas.for collection of surface run-off.
'The expansion exceeds the Cape Cod Commission's I O;000 square foot threshold as a Development'
of Regional Impact. The:applicant was granted an exemption for the Commission's review onJanuary
10, 2008— That exemption was based-upon-the location and nature of the proposal having little or no -
lr A
ILL vQF
' Town of Barnstable Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional Use-2008-014—Cape Codder Resort
significant impacts on the resources protected by.the Cape Cod.Commission'Actoutside of:the Town
of Barnstable.
The proposal was also before the Town of Barnstable's Site Plan Review Committee on January 24,
2008, and a site approval letter with conditions was issued February 1:1, 2008:
Zoning& Development History:
In 1971,at the time the,hotel was proposed,the property was a single Iot.consisting of 11.34 acres.
The majority of the lot was zoned Business B and permitted hotel use as-of.-.right. However, a small
triangular part of the lot was in the Residence D-I Zoning District as it existed in 1972 On April 1,
1971,the Zoning Board granted Use Variance 19.71-004 to Regal Inns, Inc. for that area of the lot that
was residentially.zoned to allow for the overall development of a 160 unit motel.
The Assessor's record indicates that the hotel was built by'1973,and sometime thereafter, expanded`
to 212 units. That expansion was within,the:B.usinessB Zonin&District, therefore, permitted,as-of-
right.
In 1983/84,the first,300 feet of the lot was rezoned to Highway Business. That rezoning permitted
motel use only as a conditional use in the zoning.district. On April 26 .1985,Special Permit/Variance.
1985-033 for"Project B"was grantedto that area. fthe hotel located in the Highway Business Zoning -
District. That relief was issued to the Hyannis Hotel Associates and authorized-a one-story addition to
be built 5 feet within.the 100 footsetback off Route 132 and allowed motel/hotel function rooms,
storage,and accessory uses in the Highway Business Zone.Also at this time,components "Project A"and,"Project C" were proposed:.Those,wo:.components
were permitted.'as-of-right as they were.located completely in the B Business Zoning District.. They
included a 50 room.addition that increased the.total room.count to 261 and on-site parking for 250
vehicles.
On October 4, 2000, a,landlocked 0.56 acre parcel,addressed as::0 Settlers Lane(Assessor's Map
273/parcel 122)was transferred into the hotel,ownership. This parcel is situated to the rear of the
motel and zoned Residence C-1'.:
On November 18, 2004, Town.Council,amended the zoning district line in this area as a part of the
adoption of PIAHD, Private Initiated Affordable Housing Development.. That amendment altered the
Business B Zoning District line to follow the property line of the original hotel lot located at 1225
Iyannough Road (Route 132),Assessor's Map 273, parce1.023. The change in the zoning line:negated
the 1971 Use Variance as motel use is permitted as-of-right in the Business B Zoning.District.
In 2002,a.1.2 acre lot was transferred from the abutting property owned by th.e Town ofBarnstable
and added-to the motel lot increasing parcel 122 to that of a 12.54 acre lot. In 2005, the=12 acre site
Was improved as:a parking lot to accommodate 87 vehicles: That improvement was permitted as of
right as accessory parking to the existing hotel use:: .
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional'Use-2008-014—Cape Codder Resort
Review of Appeals.Requests:.
The applicant has applied for 4.forms of relief. They are:
• Appeal 2008-007,.petitions for a Special Permit pursuant to Section-.240-93.B Nonconforming,. -
Buildings or Structures Not Used as Single-or Two-family Dwellings. This relief is being
soughtto expand the existing`structures located on.the property by adding a third floor to part
of the existing building as well as to thenew spa building being proposed,,and to increase the
existing nonconformance in tot coverage by impervious materials from 56.4% to 61.9
• In the alternative totheabove-:relief�for the third:floor;-Ap peal 2008-01'3 seeks at variance to .
Section 240=21.E Bulk Regulation, Maximum Building Height;to permit a third:floor.over two
of the existing buildings.as well as on the proposed new tructure where;two:stories".is'the
maximum allowed
• Approximately 35 feet of the proposed third story;with added units extends into.the Highway
Business District. Appeal 2008-014 seeks a Conditional Use.SpecialPermit pursuant to
Section 240-25.C(1)for that area of the expansion being.in the Highway Business Zoning
District, or in the alternative,.a Special Permit pursuant to.Section 240-9.4 for the expansion of
a nonconforming use.
• Appeal 2008-015'is seeking a use variance to allow a.0.5.6 acre residentially zoned lot to be
used as accessory to the hotel for parking,drainage and landscaping.
This decision is that of Appeal 2008-014 for a Conditional Use Special`Permit pursuant to Section,240
25.C(1)to.permit the hotel use:,in the.Highway'Business Zoning District as well the expansion of the use in that district by the proposed third floor 35 foot intrusion into the district: t.
Procedural &Hearing Summary:
This.appeal was filed at Town Clerk's-Office and At the Office ofthe:Zoning Board of Appeals on
January 16, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and
notice sent to all,abutters inaccordance with'.MG.L Chapter40A. The hearing was opened February
13, 2008, at which time.the Board found to grant the Conditional:Use Special;Permit:subject to,:
conditions. ,Board Members-deciding this appeal were, Daniel M.Creedon,James R. Hatfield, Sheila
Geller,John T. Norman, and Chairman-`Gail C. Nightingale:
Attorney Michael D. Ford represented the applicant and introduced William Catania of the Catania
Hospitality Group,owner of the motel,and Gregory Siroonian of Rescom.Architectural, Inc.,the
project architect. Attorney Ford presented the overall proposed expansion and renewal of the hotel . .
citing that it is in need of the upgrades to remain competitive in the business.
3
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional Use-2008'014-'Cape Codder Resort
With respect to this appeal, Attorney Ford noted that it.is'only.needed because some 3`5 feet of the
proposed expansion of the buildingsits within the Highway Business Zoning District. That 35 feet is a
part of the proposed third floor that is to be developed and house the interval ownership;units. Other
than that small intrusion,the,motel and its proposed expansion could occur without this permit.
Attorney Ford recited the benefits of the project stating that the upgrades include improved.on-site
stormwater drainage that will reduce overall nitrogen loading to the site:. The bio-retention basins act
as a first flush before infiltration to groundwater;reducing the overall nitrogen loading to that of a 30
of coverage by impervious surfacing. He stated that traffic generated from.the expansion"is projected
to increase only by 142 vehicles per day and only 6 to 8 vehicles per peak hour-.Given the existing
roadways,that is negligible. The use of swimming pool chemicals- will be reduced as the water
filtration will be replaced with a new ozone, ultraviolet treatment.
Public comment.was requested and Ms.:'Patty Daley,Director of the Town's Growth Management
Department,spoke on the proposed'expansion confirming:that the applicant hasagreed to contribute
and/or build the multi-use pathway that is intended to accommodate walking,bicycling,and jogging:.
No one else spoke in favor or in opposition to the request.
Findings of.fact:.
At.the hearing of February,11,2008,the Board unanimously made the following findings of fact:
1. Appeal 2008-014 seeks a Conditional UseSpecial Permit.pursuant to Section.240-25.0 fora motel
use in the Highway Business Zoning District.
2. The subject locus is addressed as 1225-lyannough Road (Route>132),and 0 Settlers.Lane, Hyannis,.
MA. It is composed,of,.two parcels numbered 23 and 122.of Assessors Map 273. Lot 23 is located'.
in the B and HB zoning districts. Lot 122 is a 0:56 acre nonbuildable; land-locked parcel that is
located in the Residence C-1 District."Both lots are in a GP, Groundwater Protection Overlay
Zoning District. -
3. The property is a 13.1 acre site and is.developed with a 215,124 square foot;258 room hotel with
accessory uses and parking. The accessory uses include a restaurant, spa, function rooms, indoor
pool, tennis court, and associated landscaping.
4. The applicant seeks to alter and expand the existing motel by adding24,000 square feet. (a b,000-
s.f footprint)to the southeast of the main building where the spa will be relocated; in addition,:15 .
new hotel units (nine two-bedroom and six three-bedroom)are proposed to be.constructed in a
proposed third floor should that relief be granted;the proposal also includes the enclosure of the
19,000 square foot atrium swimming pool area,to be used for an indoor water park.. Site
improvements include anew outdoor pool,expanded and,adjusted:on-site parking,and
incorporation of landscaped bio-retention areas for collection of surface run-off.
5. The site,as, presently developed,is nonconforming to the Groundwater Protection Overlay District.
regulations,because:more than 50% of the site is impervious. The applicant will expand the
_. 4
Town of Barnstable-Zoning Board of Appeals—Decision and Notice
Special Permit-Conditional Use-2008-014—Cape Codder Resort
existing footprint of the buildings as well as increase the ground pavement associated`with the
motel and its proposed expansion. This will extend;non-conforming site coverage:from 56.4% to.
61.9%. The proposal includes mitigation through the adoption of and initiation of a bio-retention.
storm water management program`that'is designed to reduce the,inlpact of impervious coverage.
6. This property and-its development had the benefits of prior zoning,relief. Use Variance No.
1971-4, initially allowed for the motel use in the than Residence C-1 Zoning'District part-.of the
lot.. That decision refers to 160 total units. In November 2004,the Barnstable Zoning Map was
amended to rezone that portion of the.property.from residential to Business B Zoning District
where hotel use.is permitted as-of-right:
. 7. In1985,Appeal 1985-33, registered with the Land'Cou:rt as Document#3629494,allowed.a 9.5-
foot front yard setback from Route 132 where 100 feet is required. The appeal also approved.a
one-story addition to the existing.b.uildirig in the Highway Business zoned portion of the property
for new function rooms,an enlarged kitchen;exercise room, second.lobby,and elevator.;Those
improvements resulted in a:22.1% building coverage(based on 11.43 acres of total of area), 261
total units, and 350 total parking spaces referenced in the decision,
8. Cape Cod.Commission's Decision dated)anuary'10,:2008,granted a-Development of Regional
Impact(DRI)'Exemption, concluding that the location, character., and.envi eon mental effects of the
project will prevent its having any significant impacts on the values:and.purposes outside the
Town of Barnstable.
9. The building will-be.on public sewer and will not have anr adverse affect on public health;
10. The continued use of this building as a hotel/motel will not have a negative impact on safety;
welfare, comfort,_or convenience of the community. .
11. Expansion is needed to keep this property vital and competitive with other resorts in;the area: The.
additional rooms:in the hotel will generate revenues that will finance the new roof,:spa,and new
pool. These improvements will elevate the;level of service to.attract visitors to.,this,facility.;The
additional rooms in the hotel will generate revenues that will finance the new roof, spa,and new -
pool.
12.The landscaping and parking,as shown on the plan, will improve the appearance of the property to
passersby on Route.132 and to other businesses and residences,in the neighborhood.
11 The Conditional Use Special Permit sought is necessary only for,that area of the expanded motel use.
that intrudes into the Highway Business Zoning District. The extent of that intrusion.is only 35 feet
and it is only the proposed third floor level as the first and second stories already exist. This is
deminimous both from the perspective of what exists and what is being proposed. This can be.
granted as the proposed expansion will not substantially adversely affect the:,public.health, safety,
welfare, comfort or convenience of the community.
5
Town of Barnstable-Zoning Board of Appeals-Decision and.Notice.
Special Permit-Conditional Use-1008-014-Cape.Codder Resort
Decision:
Based on the findings of fact,a motion was duly,made and seconded to grant Appeal 200.8-014 for a
Conditional Use Special Permit pursuant to Section 240-25.0 to allow motel'use in the Highway
Business zoned area of the property, conditioned as follows:
1. The expansion shall be as per plans submitted and entitled: 'Cape Codder Resort;& Spa, 1225`.
lyannough Road, Hyannis;MA"dated September 26,2007, as.prepared by Holmes and McGrath,
Inc,, and Rescom Architectural, Inc., Consisting of 12'sheets
■ Title Page
Plan of Existing Conditions revised 12/23/07--Sheet 1 of 2 (Holmes &McGrath, Inc.)'
■ Site Plan of Proposed Development revised 12/23/07-Sheet 2 Of 2 (Holmes & McGrath, Inc.)
■ Stormwater-Management dated September 2007-Sheet 1 of 1 .(Horsley.Witten.Group)�-�
■ Existing Footprint Plan dated 09/24/07—EX 1 (Rescom Architectural, Inc:)
■ Existing Elevations dated 09/24/07`—EX2 (Rescom Arch'itectural,'Inc.)
■ Proposed Footprint Plan dated 09/24/07-:SP1 (Rescom Architectural, Inc.)
'Proposed First Floor Plan dated 10/12/07 Al (Rescom Architectural,Inc.)
■ Proposed'Second Floor Plan dated 1011:2107_A2'(Rescom Architectural, Inc.)
• Proposed..Third Floor Plan dated 10/12/07—A3 (Re"scom Architectural, l-c.)
Proposed Unit Plans.dated 09/,24/07-A4 .(Rescom Architectural, Inc)
■ Proposed Lighting Plan dated 09/24/07— LT1 (Rescom Architectural, Inc:)
2. The maximum number of hotel rooms permitted including the 15,two.and three bedroom,interval,.
Ownership apartment Units shall be limited to not exceed 276 room units. The 15 Interval
ownership units to be added shall only be used as transient units that shall no. t.be permanent
,residences. The total number of on-site parkin g.spaces shall be 450 as,shown:on the approved site.
plan:
3. The applicant.shall be responsible for securing approvals from:Massachusetts Aeronautics
Commission and Federal Aviation Administration prior to the issuance of any building permit.'
4. All on-site storage trailers shall be removed prior to the issuance of any occupancy:perm it. ,The
existing trailers shown on the plans may be replaced by a.one-story storage structure equal in area
to.that of the trailers..
5.. Prior to the`issuance of the building permit, the applicant shall revise the plans showing.the
location and size of all on-site water lines:
6
! Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional Use-2008-014—Cape Codder Resort
6. Development shall be required to meet all.:applicable building and fire codes. All Fire Department
requirements shall be met; including but not limited to stand:pipes, fire,hydrant locations within
100 feet of the building;,and interior building sprinkler system
7. All on-site dumpsters shall be screened and shall meet all'Board of Health regulations.
8. Chemical storage shall be separated from.all electrical utilities and all pool pumping equipment. .A.
plan for that separation shall be developed and approved bythe Fire Department and Building
Division prior to the issuance of any building permit. That plan shall be fully implemented prior
to the issuance of any occupancy permit for any.new building area authorized in this permit.;
9. The applicant shall work with the Growth Management Department in developing a plan,for a
multi-use pathway and associated landscaping extending from Phinneys Lane and including the
subject property. The applicant shall be responsible for implementing or funding the construction
of the path and landscaping including gifting and designating any easement that maybe required
for the path to extend along Route 132 and along Bearses Way.
10.The area from the entrance;at Bearses Way tothe front of the hotel shall be designated and.marked
as a fire lane. A plan for the demarcation shall be developed and approved'by the'Fire
Department prior to the issuance of a Building permit;regarding improvements and shall be made
prior to any occupancy permit. Any required on-site drainage improvements-needed in this area
shall also be completed prior to the issuance-of an occupancy permit._
11.The half acre lot zoned`-Residential C-1, addressed as 0 Settlers.lane.(Map 273 Parcel 122),'if
granted a use variance, shall only be used for accessory for parking, drainage,.a id landscaping to
the motel. Parking in this lot is further limited to the first 30 feet abutting the Business Zoning
District. That area shall,be screened from the abutting residential area by dense.plantings of
evergreens and a fence
12.The applicant must obtain:all other applicable°permits,licenses;and approvals as required..
13.The applicant must submit final plans to the Site Plan Review Committee which reflects,the Zoning
Board of.Appeals decision.
14. Upon completion of:all work;a registered engineer or land surveyor shall submit a'letter of
certification,.made upon.knowledge and belief in accordance with professional standards that all
work has been done in substantial compIiance:With the approved.site plan (Zoning Section:240-
104 (G) That document shall be submitted prior to the issuance of the final certificate of:
occupancy.
The vote was as follows::
AYE: Daniel M. Creedon,james R.:Hatfield':Sheila Geiler,John T: Norman,Gail C. N,ightingale
NAY: None
7
i Town of Barnstable-Zoning.Board of Appeals-Decision andNotice`
Special Permit-Conditional Use-2008-014-Cape Codder Resort
Ordered:
Conditional Use Special Permit 2008-014 is.granted`with conditions.This decision must be recorded
at the.Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the
Zoning Board of Appeals Office. The re.lief`authorized by this decision:must.be.exercised within ione
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 Barnstable Town Clerk.
jGa' C. Nightin le-C rman Da "Si ned
I, L' da Hutche rider, 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 not appeal of the decision has been filed in the office of the Town.Clerk.
Signed and sealed this r`day..of ,, under the pains and penalties of perjury.
` Linda Hutchenrider-Town Cl;�rk::
t
f
8
MAM
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Special Permit 2008-007-Part A-C.aPe Codder Resort ,
Special Permit Section 240-93 8 Nonconforming.Buildings or Structures
to increase the degree of nonconforming lot coverage from 56.4%to 61.9%.
Summary: Granted with Conditions.
Petitioner: Cape Codder Resort.
Property Address: 1225 lyannough Road (Route 132)and 0 Settlers Lane Hyannis,MA
Assessor's Map/Parcel: Map 273 as parcels 023 and 122
Zoning: Highway Business, B Business, Residence C-1,and Groundwater Protection Overlay
Zoning.Districts -
Relief Requested'and Background:
The subject property is,a 13:1-acre site shown as.two lots; Lots No.23.and 122 on Assessor's Map
273. The property is owned by Hearth 'n Kettle Properties.LP.and.is developed with a 215,124 sq.ft.,
258-room hotel.with accessory us.es.and parking. Those accessory uses includea,restaurant, spa,
function rooms,;indoor pool,tennis court, and associated landscape:.
According to plans submitted' the applicant is proposingao expand'the existing hotel..A new 24,000
sq.ft„three-story addition to the southeast side of the existing hotel is being'proposed. The first and
second floor is to be used to relocate and expand the existing"Beach Plum Spa". The existing'pool
enclosure is to be expanded by an additional.19,000 sq.ft.,and converted to an indoor water.park. A
third floor is also being proposed'on two of the existing hotel buildings, (Building 500&`600). That
third floor area over the_existin' building will total 22 000 sq.ft. That area in combination with-the
g g ,, q.
new third floor over the proposed spa (6,000 sq.ft.) is to be developed into 15, new,.two and:three
bedroom living units that,are to'be,sold as 'interval ownership units':
In addition to the building expansion, the applicant has proposed site improvements that include; a
new outdoor pool adjacent to the new spa building, expanded and adjusted on-site'parking, and
incorporation of landscaped bio-retention areas for collection of surface run-off.
The expansion exceeds the.Cape Cod;Commission's 10,000 sq.ft.threshold as a Development of
Regional Impact. The applicant was granted an exemption in the decision of the.Cape Cod
Commission's review onjanuary 10,'2008. That exemption was based Upon the location and nature
of the proposal having little or.no significant impacts on the reso.urces.protected.by the Cape Cod,,
Commission Act outside of the Town of Barnstable.
The:;proposal Was also before the Town of Barnstable's Site Plan Review Committee on January..24,,
2008, and asite approval letter with conditions was-issued`February 11, 2008.
VV
r
Town of Barnstable-Zoning Board of.Appeals-Decision and Notice
Special Permit 2008-007 Part A—'Cape Codder Resort.
Zoning& Development History:
In 1971,at the time the hotel was proposed,the property was a single lot consisting of 11.3.4 acres.
The majority of the lot was zoned Business B and permitted,hotel'use as-of-right.1 However,a.small
triangular part of the lot was in the Residence.D-I,Zoning District, On.April 1, 1971, the Zoning Board
granted Use Variance 1971,004 to Regal Inns, Inc. for that area of the lot that was residentially zoned
to allow for the overall development of a 160 unit motel.
The Assessor's record indicates that the hotel was built in<1973, and sometime thereafter, expanded,to
212 units. That expansion ww within the Business B Zoning District;therefore, permitted as-of4lght.
In 1983/84.the first 300 feet of the lot was rezoned to Highway Business ,That rezoning permitted,
motel use only as a conditional use in the zoning district. On April 26,. 1985, Special PermitNariance
1985-033 for'Project B"was granted to that area of the hotel located in the Highway Business Zoning
District. That relief was issued to the Hyannis'Hotel,Associates and authorized a One-story addition to
be built within 5 feet of the 1`00-foot setback off Route:132 and allowed motel/hotel function rooms,
storage, and accessory uses in the Highway-Business.Zone,
Also at this time,components"Project A" and"Project C"were,proposed. Those.two components
were permitted as-of--right as they were located.completely.in the B_Business Zoning District. They
included a 50,room addition that increased the total room count to261 and on-site parking for 250
vehicles.
On October4, 2000,`a landlocked 0.56 acre parcel,addressed"as 0 Settlers Lane`(Assessor's Map
273/parcel 122) was transferred into the hotel.ownership. This parcel is situated to the rear of the
motel and zoned Residence C-1
In the plans before the Board,the applicant has proposed this lot area to be used for accessory
parking, drainage,,and. landscaping,. Appeal 2008=015 has requested,a variance to Section 240-14.A-
Principal Permitted Uses to use:the 0 56,acre parcel as accessory to the hotel
On November 18, 2004,Town Council amended the zoning district line in this area as a part of the
adoption of PIAHD, Private Initiated Affordable Housing Development. That amendment altered the
Business.B Zoning District line to follow'the property line of the original hotel lot.at 1225 lyannough
Road (Route 132),.Assessor's Map273, parcel 023. The change in the zoning line negated the 1971
Use Variance as motel use is permitted as-of-right in the Business B Zoning District.
In 2002,a 1.2 acre lot was transferred from abutting property owned by the Town'of Barnstable and
added to the motel lot, increasing parcel#1.22 to that of a 12.54 acre lot. In.2005, the owner of the
hotel received approval to develop the 1.2'acre site as a parking lot to accommodate 87 vehicles.
That improvement, although in the Highway Business Zoning D.istrict,.was,permitted as-of-right as
accessory parking to the existing,hotel use:
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice i
Special Permit 2008-007 Part A-Cape Codder Resort
Review of Appeals Requests:
The applicant has applied for 4 forms of relief. They are;
• Appeal 2008-007 petitions for a Special Permit pursuant to.Section.240-93:B Nonconforming
Buildings or Structures Not Used as Single-or Two-family Dwellings. This'relief'is:being sought to
expand the existing structures located on the property by-adding.a.third floor to part of the existing
building as well as to the new spa building being proposed, and to increase the existing
nonconforming in lot coverage by impervious materials from 56A to 61:9%-
• in the-alternative to the above relief for the third.floor, Appeal.,2008-013 seeks a:variance to
Section 24021.E Bulk Regulations,Maximum Building Height to permit a third floor over two of
the existing buildings as well as on the proposed new structure where two stories is the maximum
allowed.,
• Approximately 35 feet of the proposed third story,with added units extends into the Highway
Business District. Appeal 2068-01:4 seeks a Conditional Use Special Permit pursuant to Section
240-25.C(1)for that area of the expansion being in the Highway Business Zoning District, or in the
alternative,aSpecial Permit pursuant to:Section 240-94`-for the expansion of a nonconforming use.
• Appeal 2008-015,is.seeking a Use Variance to Section 240-14.A to allow a 0.56 acre residentially
zoned.lot to be used as accessory to the hotel for parking,drainage and landscaping..
This decision is:that of Appeal'2008-007 Part A for a Special,Permit pursuant to`Section.240-93.B to
expand a nonconformance in the structural lot coverage of the site. That expansion being, to increase
the nonconforming lot coverage from 56.4%to 61.9%.
Procedural & Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the office of the Zoning Board of Appeals on
January 16, 2008. 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 heating was opened February
13, 2008, at which time the Board found to grant the special permit subject conditions.. Board'
Members deciding this appeal:were, Daniel M, Creedon,James R. Hatfield, Sheila Geiler,John T.
Norman,and Chairman-Gail'C..Nightingale,
Attorney Michael D.Ford represented the applicant and introduced William Catania of the Catania
Hospitality Group, owner-of the motel,and Gregory Siroonian of Rescom ArchitecturaI ji-ic., the
_project architects.. Attorney Ford presented the overall proposed expansion and renew ail'of the hotel
citing that:it is in need of.the upgrades to remain.competitive in the business.
He concluded noting the certain.'.components:of the proposal can be accomplished'as-of-right: Those
components being:the proposed indoor,water park and an upgraded spa as accessory to the hotel.
However,the proposed expanded building footprint and alteration'in the parking does increase the
nonconforming lot coverage and relief is needed. The third floor which is to accommodate 15 new
3
. Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit 2008-007 Part A-Cape Codder Resort
hotel interval ownership units-:needs relief for-the:permitted number of stories in.the.B Zoning District:
which is limited to two. As a very small portion:of that third floor also extends into the:Highway
Business Zone, relief should also be issued to assure.that.expansion of the motel use.
Attorney Ford recited the benefits of the project stating that the upgrades include::
• An improved on-site.stormwater drainage that will reduce overall nitrogen loading to the site as:
bio-retention basins will be employed to act as a first flush before infiltration to groundwater. He
cited that this will reduce overall nitrogen,loading based on.site coverage to that comparable of-
only 30% of coverage by impervious surfacing:
• Traffic generated from the expansion is_,projected to increase by only 142 vehicles_per day and
peak traffic hours to increase only by 6 to 8 vehicles. Given the existing roadways,that is
negligible.
• Pool chemicals will,be reduced as the water filtration will be replaced with a new ozone,
ultraviolet treatment.
He noted that with regards.to.the use variance,that the half acrelotwhich is.zoned residential is a,.
land locked parcel only accessible from the motel lot. It isl unbuildable for residential use as it is
undersized. The use.of the.residentially zoned parcel would only be for accessory,parking limited to
the first 30 feet of the 70 foot deep parcel The remaining 40 feet would be used for drainage basins
and landscaping.
The Board asked:a number of questions of the applicant to assure:they fully,understood the proposal
It was determined thatthe motel presently is licensed for 261 rooms. They will add 15 apartment
interval ownership units. Those units, as arranged, have the ability for creating lock-out motel units
that could total lock-out rooms. The units are to be sold with 1/10 ownerships and they will..not be,
allowed to become primary residences.. The third-floor would not exceed 30 feet as measured to the
highest plate. The existing'location of;the spa which is approximately'b,000 sq:ft:,.would be
converted into guest motel rooms-or perhaps a children's facility. if converted to motel rooms, they
would be within the existing,license count.of 261 rooms.. The intended.overall count of permitted
motel rooms would be the existing 261 rooms plus the-15 two and three bedroom interval.ownership
units for a total count of 276. The applicant noted that they have agreed to work with the Town and
install a multi-use pathway with associated landscaping along Route`132 and Be
arses Way. The
maximum stay by any guest in the 15 interval:ownership units would be capped at 7 continuous days.
Thereafter,they would have to`vacate,the unit to remain a guest of the motel. The new building and
the two buildings that are to be.expanded to three stories will.be fully sprinkled and, if required by.the°.
Fire Department,.all of the existing structures would also be sprinkled.,
Public comment was:requested and Ms Patty Daley, Director of the Town's Growth Management
Department, spoke on the proposed expansion confirming that the applicant has agreed to contribute
and./or:build:the multi-use pathway that.is intended to accommodate walking,bicycling,and-jogging.
` No:one else spoke in favor or in opposition to the request.
s
4
Town of Bamstable-Zoning Board of Appeals-Decision and`-Notice
Special Permit 2008-007 Part A-Cape Codder.Resort
Findings of Fact:
At the hearing of February 13,2008, the Board unanimously made the,following findingsof fact:
1. Appeal 2008-007 Part A:seeks a Special J'ermit pursuant to Section:.240-U.B Nonconforming
Buildings or Structures to increase the existing nonconformity`in lot coverage from 56.4%to
61.9%.
2. The subject locus is addressed as 1225 lyannough Road (Route 1.32); and 0.Settlers Lane, Hyannis;
MA. It is composed of two:parcels numbered 23 and 122 ofAssessors Map 273. Lot 23 is located'
in the B and HB zoning districts. Lot 122 is.a 0.56 acre non-buildable, land locked-`parcel=that.is
located in.th.e Residence C4 District. Both lots a.re in:a`GP, Groundwater_Protection Overlay
Zoning District.:
3 The property is..a 1.3.1 acre'site.and is developed with a 215,124 sq.ft,'258-room hotel with
accessory uses and parking.. The accessory uses`include;a restaurant,spa, function rooms, indoor
pool;,tennis court, and associated landscaping.
A. The applicant seekoo alter and expand the existing motel by adding 24,000 squarefeet. (d.6;000
square foot footprint)to the southeast of the main building where the.spa will be relocated; in;
addition, 15 new hotel units (nine two-bedroom and six-three-bedroom)are proposed.to be
constructed in a proposed third floor should that relief be granted;the,proposal also includes the
enclosure of the 19,000 square foot atrium/swimming pool area,to be used for an indoor water
park. Site improvements include a'new outdoor`pool, expanded and;adjusted on-site parking,and
incorporation of landscaped bio-retention areas for collection of surface run-off,:
5. The site as presentlyydeveloped is nonconforming to the.Groundwater Protection Overlay District
regulations, because-more than 5'0% of the site is'impervious. The applicant will expand'the
existing footprint of the buildings:as weR as increase the:ground pavement associated with the;
motel and its proposed expansion. This will extend the non-conforming site coverage from 56.4%0
to 61.9%. The proposal.incl:udes:mitigation through the:adoptionof and initiation of'a bib-
retention storm water management program that is designed to reduce the im.pactof impervious
coverage.
6. This property and its;development.have had the benefits of prior zoning relief: Use Variance
1971-4, initially allowed for'the motel use-An.the then:Residence C71 Zoning District,part of the'l.ot.
That decision refers to 160 total units. In November 2004, the Barnstable Zoning Map was
amended to rezone that portion of the property from residential to Business B-Zoning;District
where hotel. use is permitted as ofright...
In 1985,"Appeal 1985-33, registered with the.Land-Court as Document#362949-1' allowed a 95-
foot"front yard:setback from Route.132 where 100 feet,is required. That appeal also approved a:
one-story addition to the existing building in the'Highway Business zoned portion of the property
3
for neW function rooms,�enlarged kitchen,;exercise room; second lobby, and elevator. Those
improvements resulted in a 2-2.1% building coverage(based on'11.43 acres of total lot area); 261
total units, and 350 total parking spaces which;are referenced'in the,decision:
5
. Town of Barnstable-Zoning Board of Appeals-Decision and,Notice s
a Special Permit 2008-007 Part A—Cape Codder Resort
8. Cape Cod Commission's:decision dated January 10, 2,008, granted a:Development of Regional
Impact(DRI)Exemption, concluding that the location, character, and environmental effect s.of the
project will prevent its having any:significant-impacts on:the values and purposes outside the:
Town of Barnstable.
9. A special permit is sought pursuantto Sections 240-93B,,Nonconforming Structure Not Used'as
Single and Two Family Dwelling for existing non-conforming site conditions. The applicant seeks to
increase the existing nonconforming lot coverage from"56.4%:to 61.9%0. Maximum lot coverage
in the.GP.District is:50%. The drainage plans for the expansion include nitrogen mitigation and
improved stormwater run-off.control through the;adoption of and initiation of a biaretention storm
water management program that:is.designed to;reduce'the'impact of impervious coverage.
Landscaping will be designed to improve stormwater management. The.bio-retention areas are
sized to meot or exceed,the-water qualitystQrm firstflush. The enhanced filtering,of run-off by the
bio-retenti,on.system will correlate to 25.9% of impervious lot coverage.
10.The building will be.on public sewer and will not:have an adverse affect on public health:
11. The continued use of this building as a hotel/motel.will not haven negative impact on the safety;
welfare,comfort, orconvenience of the community.
12. Expansion is needed` o keep'this property.vital and competitive with other resorts in the area,. The.
additional rooms in the hotel will generate revenues that will finance the new roof,spa,and new
pool. These improvements,will elevate the'level of service to attract visitors to this facility. The
additional rooms in the hotel-will generate revenues that wilLfinance the new roof, spa,and new
Pool.
13..The landscaping and`parking,as shown on'the plan will improve the appearance of the property to
.passersby on Route1.32 and to other businesses.and residences`in the neighborhood:
Decision:•
Based on the findings offact;'a motion.was duly made and seconded to grant Appeal 2008-007 Part A
for a special permit pursuant to Section_240-93B to increase.the degree of nonconforming lot coverage
from 56.4%to 61.9%, subjectto the.following ,`
1. The expansion shall be as.per plans submitted and entitled: "Cape Codder Resort& Spa, 1225
Iyannough Road, Hyannis, MA"dated September 26, 2007, as:prepared by Holmes:and.McGrath,,
Inc., and Rescom Architectural, Inc., consisting of. 12 sheets:
■ Title Page
Plan of Existing Conditions revised 12/23/07 Sheet 1 of 2 (Holmes & McGrath, Inc.)
` Site:Plan of Proposed Development revised 12/23/07—Sheet 2 Of 2 (Holmes,&McGrath, Inc,)`.
Stormwater Management dated September 2007—Sheet.I of 1 (Horsley Witten Group)
Existing Footprint Plan dated 09/24/07—EX1 (Rescom Architectural; Inc.) T.
'.
• Existing Elevations dated 09/24/07-.EX2 (Rescotn Architectural; Inc.)
6
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit 2008-001 Part A—Cape Codder Resort
Proposed Footprint Plan dated 09/24/07-SP1 (Rescom Architectural, Inc.),
• Proposed First Floor Plan dated 10/12/07 Al (Rescom Architectural, Inc.)
■ Proposed Second Floor Plan dated 1 011 2107—A2 (Rescom.Architectural, Inc.)
■ Proposed Third Floor Plan dated 10/12/07—A3 (Rescom Architectural, Inc.)
• Proposed Unit Plans dated 09/24/07-A4 (Rescom Architectural,Inc.)
■ Proposed Lighting Plan dated.09/24/07— LT1 (Rescom Architectural, Inc.)
2. The maximum number of hotel rooms permitted including the 15, two and three bedroom'interval
ownership.apartment units shall be limited to not exceed 276 room units. The 15 interval.
ownership units to be added shall only be used as transient units that shall not be permanent
residences. The total number.of parking spaces shall be 450 as:shown on the approved site
plan.
3. The applicant shalt be responsible for securing approvals from Massachusetts Aeronautics -
Commission and Federal Aviation Administration prior to the issuance of any building permit.,
4. All on-site storage trailers shall be removed prior to the issuance.of any occupancy permit. The
existing trailers shown on the plan may be replaced by a one-story storage structure.equal in area
to that of the trailers.
5. Prior to the issuance of the building permit,the applicant shall revise the plans showing the
location and size of all on-site water lines.
6. Development shall be required to meet all applicable building and fire codes. All Fire Department
requirements shall be met, including but not limited to standpipes,,fire hydrant locations within
100 feet of the building, and interior;building sprinkler system
7. All on-site dumpsters shall be:screened and shall meet all Board of Health regulations.
8. Chemical storage shall be separated from all electrical utilities and all pool pumping equipment. A_
plan for that separation shall be developed and approved by the Fire Department and Building
Division prior to the issuance of any building,permit. That plan shall be fully implemented prior
to the issuance of any occupancy permit for any new building area authorized in this:permit..
9. The applicant shall work with-the.Growth Management Department in developing a plan for a
multi-use pathway and associated'landscaping extending from Phinneys Lane and including the:
subject property. The applicant shall be responsible for implementing or funding the construction
of the path and the landscaping.including gifting and designating anyeasement that may be
required forthe path to extend along Route 132 and along Bearses Way.
10.,The area from the entrance at Bearses Way to the front of the hotel shall be designated and marked .;..
as a fire lane. A plan for the demarcation shall be developed and approved by the Fire f
Department-prior to the issuance of a building permit regarding improvements and shall be.made I;:
prior to any occupancy permit. Any required on-site drainage improvements required in this area
shall also be completed prior to the issuance of an occupancy permit.
7
1
Town of Barnstable-Zoning Board of Appeals-.Decision.and Notice
" Special Permit 2008-007 Part A—Gape:Codder Resort
11. The half acre lot zoned Residential C-1., addressed:as 0 Settlers.lane (Map 273 Parcel 122), if
granted a use variance,-Shall only Abe used as accessory.for parking, drainage and landscaping to.
the motel. Parking in.this lot is.further limited to the first 3.0`feet abutting the.Business Zoning
District. That area shall be screened.from the abutting residential area by dense plantings of
evergreens and a fence:.
12.The applicant must obtain all other applicable permits, licenses,and approvals as required.
13.The applicant must submit final plans:to the Site,Plan Review Committee which reflects the Zoning
Board of Appeals decision.
14. Upon completion of all work, a registered engineer or land surveyor shall submit a letter of
certification, made upon knowledge and belief in accordance with professional standards that all
work has been done in substantial compliance with the approved site plan (Zoning Section 240-
104.(G). That document shall be submitted prior to the issuance of the final certificate of
occupancy.
The vote was as follows:
AYE: Daniel M. Creedon,James R. Hatfield, Sheila:Geiler. John.T. Norman, Gail C. Nightingale:
NAY: None
Ordered:
Special Permit 2008-007 Part.A for expansion of a.nonconformance in.lot coverage is granted with:
conditions.This decision.must be recorded at the Barnstable Registry of Deeds for it to be in effect and-
notice of that recording submitted to the Zoning Board of Appeals;Office.. The relief authorized by this
decision must be exercised within 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 Barnstable.Town Clerk.
if C. Nightinga -Chair n D te`S gned`
1, inda H utchen rider,Clerk ofthe 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 decisionAas bee , ed in the office of the Town Clerk.
Signed and.sealed this % day-Df L under the pains and penalties of perjury.
:Linda:Hutchenrider Town Clerk,
8
I .
BA.p STf p1
. BARNSTABIA
:
P.
EDWd� ^C
Town of Barnstable
Zoning Board.of Appeals
:Notice of Withdrawn
Appeal 2008-007 Part B: Cape Codder.Resort
Special Permit Section 240-93:13 Nonconforming Buildings or Structures
To expand:the existing structures by adding a third floor to part of the hotel
Summary: Withdrawn without Prejudice.
Petitioner: Cape Codder Resort
Property Address:: 1225 lyannough Road'(Route 132)and 0.Settlers Lane Hyannis,.MA
Assessor's Map/Parcel: ; Map 273 as parcels 023 and 122 .
Zoning: Highway Business, B Business,Residence_C-1,and Groundwater Protection Overlay
Zoning Districts
Relief`Requested and Background:
The subject property is a 13.1'acre siteshown as two lots: Lots 23 and 122 on Assessor's Map 273.
The property is owned-by Hearth 'nKettle Properties LP and is developed with a,.215,1,24 sq.ft;, 258
room hotel with accessory' uses and parking.
According to,plans submitted;the applicant is proposing to expand the existing hotel. A new 24,0o0
square foot,three-story addition`to the southeast side of the.existing'hotel is being;proposed.:Thefirst;
and second floor is to be used to relocate and expandthe existing spa. The existing pool enclosure is
to be expanded:by 19,000 square feet andconverted to an.ihdoor waterpark. A:third floor is
proposed on two of the existing hotel buildings. That third floor area over the existing.;building will
total 22,000 square feet That area in combination with the new third floor over the proposed spa
(6,000 sq.ft.) is lobe developed.into 15,two.and three-bedroom interval ownership units:.
In addition,the applicant has proposed site improvements that include a new outdoor pool adjacent to:
the new spa building,expanded and adjusted'on-site parking, and incorporation of landscaped bio- l
retention areas forcollection of surface run=off:
The applicant made four applications.for zoning relief to accomplish the proposal. Of the four
applications,Appeal 2008-007 Part A petitions fora special permit pursuant to Section.240-9313
Nonconforming Buildings or.Structures,Not Used as Single-or Two-family Dwellings. This,relief was
sought to expand existing,structures located on the property by adding a third floor.topart of the 1.
existing building and over the new spa building, and to increase the existing nonconformance in
:impervious lot coverage:from:56,4,% to.61.9%a. In the:alternative to the. relief for the third floor
the.applicant also filed Appeal 2008-013 for avariance to Section 240-21E Bulk`Regulations,
Maximum Building Height:to permit the:third floor over two of the existing buildings as well as on'the
Town of Barnstable-Zoning Board of Appeals—Notice of Withdrawn Without Prejudice.
Special Permit-2008-007 Part 8—Cape Codder Resort
proposed new structure. The relief is necessary because the Business B zoning district only permits
two stories.
Procedural&.Hearing Summary:
This appeal was:filed at.the Town Clerk's Office and at the Office of the zoning Board of Appeals on
.January 16, 2008. A public hearing before the ZoningBoard of Appeals was duly advertised and
notice sent to all abutters in accordance with'MGL Chapter 40A. The hearing was opened February
13, 2008. Board Members deciding this appeal were, Daniel M. Creedon,James:R. Hatfield' Sheila
Geiler,John T. Norman,.and Chairman-Gail C. Nightingale.
Attorney Michael D. Ford represented the applicant and was accompanied by William:Catania of;the
Catania Hospitality Group and Gregory Siroonian of;Rescom:Architectural, Inc. Attorney Ford
presented the overall proposal. With respect to the issue of the third floor,Attorney Ford noted that
certain rooms'in'the:motel have a third level. That level is an open loft.situated partly over the motel
room below. The loft is a open sleeping area and is accessed only-from the room_below. It'shares no
common hallway. Based upon the existence of that level,Attorney Ford.argued that it was this
nonconformance which this appeal was seeking in order to now extend.to a full third floor.
The staff,to the Board, noted that this pattern exists in several motels and had;discussed.it with the
Building Commissioner noting.that this pattern could'still be`developed under both the Building Code
and the Zoning Ordinance., The level above the second floor is lofted open:to the room below and is:
only-accessible from within the unit. As the lofted level has no common hallway above the second
floor"it would not, trigger-a.story under the building code; As the lofted.level:is open to the area
below it would not trigger the definition of a story under the zoning.ordinance. Therefore, that lofted..
level would not be a'legally created:nonconformity`in the building.
The Board indicated that it would-be more cornfortable with addressing the issue of a third floor via a:`
variance as.requested in Appeal 2008-011 That variance was granted and thereupon,Attorney Ford
requested that this part of the petition_for expansion of a nonconforming building or;structure (Appeal
20,08-007 Part B) be granted a withdrawal without prejudice.,
Motion:
Atthe February 13, 2008,.hearing a motion was duly made,and seconded to grant the request to
withdraw without prejudice that partof Appeal 2008-007(Part B)that requested a special permit to
extend a-third floor as a pre-existing legally created nonconformity. .
The vote was as follows:;
AYE: Daniel M. Creedon,James R. Hatfield,Sheila Geiler;John T. Norman,,Gail C.-Nightingale':
`NAY: None
2
i Town of Barnstable-Zoning Board of Appeals—Notice of Withdrawn WithouT Preiudice
Special Permit-2008-007 Part.B—Cape Codder Resort
Ordered:
That part of Appeal:2008-007(Part:B), that requested the.:expansion of'a:third floor, has been.
withdrawn without'prejudice. Appeals of this decision, if any, shall be made:pursuant.to MGL
Chapter40A, Section 17, within twenty:(20)days after the date ofahe filing of this decision. _A copy of
which mast be filed in the office of the Barnstable Town Clerk:
G I C. Nighting -Chan an Da a Signed
I, 1nda.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.
c. E
Signed and sealed this z day o�f1 l[ �OQ. under the pains and.penalties of:perjury.
Linda Hutchenrider Jown Gerk 4: .
M
3
R
R, rlS �
Town of Barnstable
Zoning.Board of Appeals
Decision and Notice
Variance.2008-013—Cape Codder Resort
Variance to Section 240-21.E.Bulk Regulation—Maximum Building Height
To add.the third floor as part of the hotel
Summary: Granted with Conditions.
Applicant: Cape Codder Resort
Property Address: 1225 lyannough Road(Route 132)and 0 Settlers Lane Hyannis,MA
Assessor's Map/Parcel Map 273 as parcels 023.and 122
Zoning: Highway Business,Business B,Residence C-1,&Groundwater Protection Overlay
Relief Requested and Background:
The subject property is a 13.1 acre site shown as two lots: Lof.23 and 122 on Assessor's Map 273.
The property is owned by`Hearth 'n Kettle Properties LP and developed with a 215,1.24 square foot,,
258-room hotel and,its accessory uses and parking. Accessory uses include a restaurant, spa,function
rooms, indoor pool,an outdoor tennis court,and associated.landscape.
According to plans submitted,the applicant proposed to expand the hotel. A new 24,000square foot,
three-story addition to the southeast side of the existing hotel'.is proposed. The.first and second floor is
to be used to relocate and expand the existing spa,the "Beach Plum Spa". The existing pool
enclosure is to be expanded by"19,000 square feet and converted to an indoor-water park. A third
floor is proposed on two of the existing hotel buildings, (Building 500 & 600). That third floor area
.over the existing building will.total'22,000 square feet. Thatarea.in combination with the'new third
floor over the proposed spa (6,000 sq.ft.) is to be developed into 15, new,two-and three-bedroom
living units that are to'be sold as 'interval ownership units'..
Proposed site improvements include;a new outdoor pool adjacent to the new spa building;;expanded
and adjusted on-site parking,and incorporation of landscaped bio-retention areas for collection of
surface run-off.
The expansion exceeds the Cape Cod Commission's threshold as a Development of Regional impact;
(DRI). The applicant applied for and was granted a DRI Exemption from the Commission on January
10, 2008. The exemption was based upon that finding of the Commission that:the location, character
and effects of the proposal has no significant impacts on the resources protected by ther Cape Cod
Commission.Act outside of the Town of Barnstable.
The proposal was before,the Town.of Barnstable Site Plan Review Committee and a site approval letter.
`with conditions was issued February 11,2008.
FL. c s
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance.2008-013—Cape Codder Resort
Zoning& Development History:.
In 1971,. the time the hotel was proposed,the property was a single 11.34 acre lot. The majority of
the lot was zoned Business B. that permitted hotel use as-of-right. However,_a small triangulararea,of
the lot was in the Residence D-1 Zoning,District. On April 1, 197J,the Zoning Board.granted Use
Variance 1971-004 to Regal Inns, Inc.for that residential zoned area of the lot allowing for the
development of a 160 unit motel..
The Assessor's record indicates the hotel was built,hby.1973. Sometime thereafter, it expanded.to 21'2
room units. That expansion was within the Business'B'Zoning;District; therefore, permitted'as-of-right..
In 1983/84 the first 300 feet abutting Route 132 was rezoned to Highway Business. That rezoning
permitted motels as a conditional use in the zoning_district. On April26, 1985, Special
Permit/Variance 1985-033 for"Project B"was granted to that area of the`hotel located,in the Highway
Business Zoning District. That relief was issued to the Hyannis Hotel Associates and authorized a,one-
story addition to be built 5 feet within the 1 00-foot setback off Route 1.32 and allowed motel/hotel
function rooms,storage, and accessory uses in the Highway Business Zone:
At this time, components "Project A"and"Project,C'were also proposed. Those components being
located fully in the Business B Zoning District were permitted as-of-right. They included a 50 room
addition increasing the total room count to 26.1 and on-site parking for 250 vehicles.
On October 4, 2000, a..0.56 acre,parcel, addressed as 0 Settlers Lane:(Assessor's Map 273/parcel 122)
was transferred into the hotel ownership. This parcel is situated to the rear of the motel and zoned
Residence C-1.
In 2002, a 1.2 acre lot was transferred from abutting property owned by the Town of Barnstable.and
added to the.motel lot increasing parcel:#122 to a 12.54 acre lot. In'2005,the hotel received
approval to improve the 1.2„acre lot as.a parking lot for 87 vehicles. The parking lot is located in the
Highway Business Zoning District.and improvement was permitted as-of-right as accessory parking to
the existing hotel.
On November 18,2004,Town Council amended the zoning district line in this area as a part of the
adoption of PIAHD, Private Initiated.Affordable Housing,Development. That amendment altered the
Business B Zoning District to follow the property line.of the original.hotel lot at 1225 lyannough Road
(Route 132) Assessor's Map 273,parcel 023. The change in the zoning'line negated the 1971 :Use
Variance as motel use is permitted as-of-right in the Business Zoning District.
Review of Appeals Requests:
The applicant had applied for 4 forms.of.relief. They are:
• Appeal 2008-007,petitioned:f6r a Special Permit pursuant to Section 240-9113 Nonconforming
Buildings or Structures_Not Used as Single-or Two-family Dwellings. This relief was'sought to,
expand the existing structures located on the property by.adding a third story to part of the
existing buildings as well as the proposed new spa building,and to increase the
nonconforming impervious lot coverage from 56.4% to 61.9%.
2
t F Town of Barnstable-Zoning,Board of Appeals-Decision and Notice
„„- Variance 2008-013—Cape Codder Resort
• In the alternative to the above relief for the third story,Appeal 2008-013.sought a variance to
Section 240-21.E Bulk,Regulation,,Maximum Building Height to permit the third story over
two of the existing buildings and on the proposed spa structure where district regulations only
permit a two story building.
• Approximately 35 feet of the proposed-third story intrudes into.the Highway Business.District.
Appeal 2008-014 seeks a Conditional Use Special Permit pursuant to Section 240725.0 for that
area of the expansion situated-in the Highway Business Zoning District, or.in the alternative, a.
Special Permit pursuant to Section.240-94 for the expansion.of a nonconforming use.
• Appeal 2008-015.so.ught a Use Variance to.allow the 0,56-acre residentially zoned lot-Parcel
122 of Map 273)to be used as'accessory to the hotel for parking, drainage and landscaping.
This decision is that of Appeal 2008-013 for a variance to Section 240-21E'Bulk Regulations,to permit
the third story over two of the existing buildings and on,the proposed,spa building.
Procedural &Hearing Summary;
This appeal was filed at the Town Clerk's Office and at the Office of-the Zoning.Board of Appeals on
January 16, 2008. A public hearing before:the ZoningBoard of Appeals was duly advertised and
notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was,opened February
13, 2008, at which time the Board found to grant the bulk variance subject to conditions. Board
Members deciding this appeal were,:Daniel'M. Creedon;James R. Hatfield, Sheila Geiler,"John T.
Norman,and Chairman, Gail C. Nightingale.
Attorney Michael D. Ford represented the applicant and introduced William Catania of the Catania
Hospitality Group,:.owner of the motel,and Gregory Siroonian of Rescom Architectural,Inc.,,the
project architect. ,Attorney Ford presented the overall proposed.expansion and renewal of the motel
citing that the motel is in need of the upgrades to remain competitive in the business. He noted that
certain:componentsof the proposal;can be:accomplished as-.of-right: Those components are the.:
indoor water park and an upgraded spa as:accessory to the hotel.
However, the proposed expanded building footprint and alteration in the parking does increase the
nonconforming lot coverage and relief is needed. The third story to accommodate 15 new:hotel
interval ownership units needs relief for the permitted number of stories in.the Business B Zoning
District as that district is limited to:two stories. As a very small portion of that third story:penetrates
into the Highway Business Zone, relief should be issued Ito assure the expansion of the motel use.
Attorney Ford recited the benefits of the project stating that the upgrades.include an improved on-site_
stormwater drainage that will reduce overall nitrogen loading.to:the site. The inclusion of bio-
retention basins will act.as a first flush before infiltration of run-off to groundwater. He cited that this.
Will reduce overall nitrogen loading to that comparable.to a lot:with only:30% impervious coverage.:
He indicated that traffic generated from the expansion is projected to increase by 142 vehicles per
day.'He also noted that during the peak traffic hours the increase is only 6 to 8 vehicles and given:the
existing roadways that is,negligible. `Pool chemicals will be reduced as water filtration will be
replaced with:a new ozone, ultraviolet treatment.
3
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance 2008-013—Cape Codder Resort
He noted that with regards to_.the third story variance, certain rooms in the motel have a third:level.
That level is an open loft situated partly over the motel room below. The loft is an open sleeping area
and is accessed only from the room below. 1t shares no common hallway. The full third floor is
needed to separate he interval ownership units from the general rooms. Given the:existing lot
coverage that now exceeds that,permitted in,the Groundwater Protection Overlay District no other
option exists but to go upwards.
Attorney Ford noted that the location to the rear of the building will not greatly affect the view from
Route 132. The.overall height of the threestory section would remain.in conformance to zoning
which is 30 feet to the:highest.plate. The Board reviewed the proposed elevation and it was:stated
that the ridge line would only be 4 to 5'feet higher than the existing roof ridge on that area of the
motel
The Board asked a number of questions.of the applicant's representatives. It was determined that the
motel is licensed for 261 rooms. The proposed 15 apartment interval ownership units would increase
that number to 276. The 15 interval ownership units are arranged so that room 'lock-out' is possible.
In that case the maximum lock=outs could' otal 304dded rooms. The units are to be sold with 1/10
ownerships and they will not be allowed to become primary residences.
The existing location of the spa, approximately 6,000 square feet,,would be converted into guest
motel rooms and/or a.children's facility. If converted to motel rooms,they would be within the
existing license count of 261.rooms. The intended count of permitted motel rooms would be the
existing 261 rooms plus the 15,two-and,three-bedroom interval ownership units, fora total count of
276. The applicant noted that they have agreed to work with the Town and install`a multi-use
pathway with associated landscaping along Route 132 and Bearses Way.. The maximum stay by any
.guest in the 15 interval ownership units would:be capped at continuous days: Thereafter,they
would have to.vacate that unit to remain a guest of the motet. The new building and the two buildings
that are to be expanded to three stories will be fully sprinkled and, if required by the Fire Department,
all of the existing structures would also be sprinkled.
Public comment was requested and Ms. Patty Daley, Director of the Growth Management
Department, spoke on the proposed:expansion confirming that the applicant has agreed to contribute.
and/or build the multi-use pathwaythat:is intended to accommodate walking, bicycling, and.jogging,
No one else spoke in favor or.in opposition to the request.
Findings of Fact:
At the hearing of February,13;2008,the Board unanimously made the following findings of fact:
1. Appeal 2008-013 seeks a variance to Section 240-21.E Bulk Regulations,to permit a third story
over two of the existing buildings and on the,proposed new spa building, The subject locus is
addressed as 1225 lyannough Road (Route 132), Hyannis, MA and is composed;of parcels 23 and
122 as shown on Assessors Map 273. Lot 23 is located in.the B and'HB zoning districts and GP .
Groundwater Protection Overlay Zoning Districts. Lot 122 is a 0.56 acre nonbuildable,
landlocked parcel that is located in the Residence C-1 District.
4
Town of Barnstable-Zoning Board of Appeals-'Decision and Notice
�- Variance 2008-013-Cape Codder Resort
2. The property is a 13.1'.acre site developed with a 215,124 square foot;258=room hotel with
accessory uses and parking. The accessory uses include a.restaurant, spa,function rooms,indoor
pool,tennis court, and associated landscaping.
3. The applicant seeks to alter and expand the existing hotel by adding a new three-story spa.building
consisting of 24,000 square feet to the southeastof the,main building: In addition,,.15 new hotel
units(nine two-bedroom and six three-bedroom).are proposed to be.constructed on the third story
of the proposed spa building and on a third story, tube built over two existing wings of the motel'.
Improvements also.include the-enclosure of the 19,000 square foot atrium/swimming pool:area,to
be used for an indoor water park. Site improvements include a new outdoor pool,expanded and
adjusted on-site;parking,:and incorporation of`landscaped bio-retention areas for:collection of
surface run-off.
4. The applicant will expand the existing footprint of the buildings as well as increase the ground
pavement associated with the motel:and its proposed expansion-The site, as presently developed,
is nonconforming,rbecause more than 50% of the site is impervious. The applicant:also Seeks to
extend the nonconforming site coverage from 56.4%to 61.9%,and is proposing mitigation
through the adoption of and initiation of a bio-retention stormwater management program that is
designed to reduce the impact of impervious:coverage.
5. This property is benefited byAppeaf,1971-004,a variance to. allow for hotel/motel use in the.RC-1
District. In November 2004,the Barnstable Zoning.Map was.amended to rezone the portion of
the Property from the RC-1 (residential)zoning district,where hotel/motel uses are currently
prohibited,to B (Business)zone,where'hotel use is permitted as a right. It also has the benefit of
Appeal'No. 1985-33, a variance to allow a.95 foot setback.from Route 1,32 where 100 feet is
required. The special permit approves a,one-story addition to the existing building in the HB`
zoned portion of the property,as well as a function room, kitchen,exercise room, lobby and
elevator which resulted in a 22.1% building coverage(based on 11.43 acre lot); 261 motel Units,
and 350 parking spaces:`
6. Cape Cod Commission Decision dated January.10,2008,granted a Development of Regional
Impact(DRq:Exemption concluding that the location;character,and environmental effects,of`the
project will prevent its having any significant:impacts on the values and purposes outside the
Town of Barnstable.:
7. As the Board did not agree4hat the existing building is a legal nonconforming three-story structure;
a variance is sought from Section'.240-21.E-"Bulk Regulations-Minimum Lot Size Requirement.."to.
permit a third story over two of the existing buildings,as well as on.the proposed new structure.
The existing lot coverage.presents a hardship,in that it exceeds that permitted.in the.Groundwater
Protection Overlay District and few options exist to expand the motel.
8. The proposed three story building will continue the motel and accessory usage. The building
;height will:be less than 30 feet and the variance relief is sought only for the number of stories-. The
building already has.a third level and meets the 30 foot.height requirement;therefore,
improvements would not generally affect the zoning district in which it'is located.
9. The additional rooms to.be built in the third story of the motel will generate revenues that'wilf
finance the new roof; spa, and new pool. These improvements will elevate the level of services
5
I
Town of Barnstable=Zoning Board of Appeals-Decision.and Notice
Variance 2008-013-Cape Codder Resort
provided in this facility and establish this.property as a tourism destination in the area. A literal
enforcement of the provisions of the Zoning Ordinance will involve substantial hardship to the
applicant by limiting the improvements that can be made to the property.
10.The expansion and improvements to this property will result in an attractive,well-maintained, up-
to-date facility that will be an asset to the.neighborhood and Community without derogating.from.
the intent or purpose of the Zoning Ordinance..
Decision:
Based on the findings of fact,a motion was duly made and seconded to grant Appeal 2008-013 fora,
variance to permit a third story over two of the existing buildings and the proposed spa building to be
used.for 15 interval ownership two-.and three-bedroom motel units subject to the following:
1. The expansion shall be as per plans submitted and entitled:"Cape Codder Resort&Spa, 1225
lyannough.Road, Hyannis, MA"dated September 26, 2007, asprepared by Holmes and McGrath;
Inc., and Rescom Architectural, Inc., consisting:of 12 sheets:
■ Title Page
■ Plan.of.Existing;Conditions`revised`12/23/07`=Sheet 1 of.2.,(Holmes-& McGrath, Inc.)
• Site Plan of Proposed.Development revised 12/23%07 Sheet 2 Of 2 (Holmes &McGrath,.Inc.)
r
Stormwater Management dated September 2007—Sheet.1 of 1 (Horsley Witten Group)
■ Existing Footprint Plan dated 09/24/07— EX1 (Rescom Architectural, Inc.)
■ Existing Elevations dated 09/24/07— EX2 (Rescom Architectural, Inc.)
■ Proposed Footprint.Plan dated 09/24/07-SP1 (Rescom Architectural, Inc.)
■ Proposed First Floor Plan dated 10/12/07-Al (Rescom Architectural, Inc:)
■ Proposed Second Floor Plan dated,10/12/07—A2 (Rescom Architectural, Inc.)
■ Proposed Third floor.Plan dated 1.0/12/07-Al (Rescom Architectural,.Inc')
■ Proposed Unit Plans dated 09/24/07—A4, (Rescom:Architectural, Inc.)
■ Proposed Lighting_Plandated 09/24/07- LT1 (Rescom Architectural,Inc.)
2. The maximum number of hotel rooms permitted including the 15`two-and three-bedroom,interval
ownership apartment units shall be`limited to not exceed 276 room units. The 1.5 interval
ownership units to be added shall only be used as transient units that shall not be used as
Permanent residences The total. number of on-site parking spaces shall be 450 as shown on the
approved site plan.
3. The applicant shall be responsible for securing approvals from Massachusetts Aeronautics
Commission and.Federal Aviation Administration prior to the issuance of any building permit.
6
i Town of Barnstable-Zoning Board of Appeals Decision and Notice
Variance 2008-013—Cape Codder.Resort
4. :All on-site storage trailers shall be removed prior to the issuance of any occupancy permit. The
existing trailers shown on the plan maybe replaced by a one=story storage structure equal in area
to that of the trailers.
5. Prior to the issuance of the building permit; the applicant,shall revise the plans showing the
location and size of all on-site water lines.
6. Development shall be required to meet all applicable building and fire codes. All,Fire Department
requirements shall be met, including but not limited to stand pipes, fire hydrant locations within
100feet of the building,and;interior building,sprinkler system
7. All on-site dumpsters shall be screened and shall meet'all-Board of Health regulations
8. Chemical storage shall be separated from all:electrical utilities and all pool pumping equipment A
plan for that separation shall be,developed and approved by the Fire Department-and Building
Division prior to the issuance ofany building permit. That plan shall be fully implemented prior
to the issuance ofany occupancy permit for any new building area.authorized in this:permit.
9. The applicant shall work with the Growth Management Department in developing a plan for a
multi-use pathway and associated landscaping extending=from Phinney's Lane and including the
subject property. The applicant shall be responsible:for implementing or funding the construction
of the path and landscaping including gifting`and designating any easement that may be`required
for the path to extend along Route 132 and along Bearses Way.
10.The area from the entrance at Bearses Way to the front of the hotel shall be designated and marked
as a fire lane. A plan for the demarcation shall be developed an.d approved by the Fire
Department prior to the issuance of a Building permit regarding improvements and shall be made
prior to any occupancy permit. Any required on-site drainage improvements needed in this area_
shall also.be completed prior to the issuance of an occupancy.permit.
11.The half-acre lot,Zoned:Residential C-1, addressed as O Settlers lane (Map 273 Parcel 122)1 if
granted a use variance, shall only be used for accessory parking, drainage,and landscaping to the
motel. Parking in.this lot is further limited to the first 30 feet abutting the Business,Zoning District..
That parking shall be screened from the abutting residential area by dense plantings of evergreens .
and a fence.
12.The applicant must obtain all:other,applicable permits;licenses, and approvals as required:
13. Upon completion of all work,.a.registered engineer or land surveyor shall submit aletter of
certification made:upon knowledge and belief in accordance with professional standards that all
work has been done in substantial compliance;with'the approved site plan-(Zoning Section 240-
104(G). That document-shall be submitted prior to the issuance of the:final certificate of
occupancy.
The vote was as follows;
AYE: Daniel M. Creedon,James R.,Hatfield, Sheila Geiler,John T.Norman, Gail C...Nightingale
NAY- None.
7
{ Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance 2008-013-Cape Codder Resort
Ordered:
Variance 2008-013 has been granted subject to.conditions. This decision must be.recorded at the
Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning
Board of Appeals Office. The relief authorized by this decision must be exercised within 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 Barnstable Town Clerk.
GA-C. Nighting -Chai an D e Signed
I, la 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 bee ed in the office of the Town.Clerk.
Signed and sealed this day ., under the,pains d penalties of perjury,
Linda H utchenrider-Town Clerk �.
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8
8AR11STAS
16 �,� ..
Town of Barnstable°( F 5 `_
Zoning Board of Appeals:
Decision and:Notice
Variance2008-015 -Cape Codder Resort
Variance to Section 240-14.A Principal Permitted Uses
To allow:the use a 0;56-acre parcel,zoned residential as accessory to.the:hotel for parking and drainage
Summary: Granted with Conditions
Applicant: Cape Codder Resort
Property Address: O.Settlers Lane Hyannis,MA
Assessor's Map/Parcel: Map 273 Parcel 122
Zoning: Highway Business,Business B,Residence C-1,&Groundwater Protection Overlay
7
Relief Requested and.Background:
The entire property is al 3.1 acre site shown as two lots: Lot 23 and 122 on Assessor's Map 273.. The
property is owned by Hearth 'n.Kettle Properties LP and developed.`with a 215,12.4 square foot.,25.8-
room hotel and its accessory uses and'.parking. Accessory uses include a restaurant, spa,:function,
rooms, indoor pool, an.outdoortennis court, and.associated landscape.
According to plans submitted,the applicant proposed to expand the hotel Anew 24,000 square foot,
three-story addition to the southeast side of the existing hotel is proposed: Thee:first and second.floor is
to be used to relocate and expand the existing spa, the "Beach Plum Spa" The existing.pool
enclosure is to be expanded by 19,000 square'feetand converted to an.indoor water park. A third
floor is proposed on two of he existing hotel buildings, (Building 500 & 600).. That third floor area
over the existing building will total 22;00.0 square feet. That area, in combination with the new third.
floor.over the proposed`,spa (6,000 sq.ft.), is to be developed into 15,new,two-'and three-bedroom
living units that are to be sold'`as 'interval ownership units'.
Proposed site improvements include new outdoor pool adjacent to the new spa building,,expanded:
and adjusted on-site parking;and incorporation of Landscaped bib-retention areas for collection of
surface run-off. The plans for the expansion include;the use of'a 0.56 acre parcel, addressed O-Settlers
Lane(Assessor's Map 273/parcel 122)., This parcel was transferred.'.into the hotel:ownership on
October 4, 2000. It is this parcel which is situated to the rear of the motel and zoned Residence C=1
that the applicant is seeking the use variance for in order to use it as accessory to the expansion.for
parking, drainage,and landscaping.:
t milt,
Zoning&:Development History: L �i f
In 1.971,the time fhe hotel was proposed, the property was a single l l.34-acre lot. The majority of
the.lot was zoned Business B which`permitted hotel use.as-of-right. .However,a small triangular area.,
of the lot was in the Residence D-I Zoning District. On April 1., 1971, the Zoning Board granted Use
Variance 1971-004 to Regal Inns, Inc.for that residential zoned area of the lot allowing for the
development of a 160 unit motel.
The Assessor's record indicates that the hotel was built by 1973. Sometime thereafter, it expanded to
212 room units. That expansion.was within the Business B Zoning District and permitted as-of-right.
t Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance 2008-015—Cape Codder Resort
In 1983/84 the first 300 feet abutting Route 132 was rezoned to Highway Business. That rezoning
permitted motels as conditional.use in the zoning district. On April 26, 1985,Special Permit/Variance
1985-033 was granted to that area of the motel located in:the Highway Business Zoning District
("Project B"). That relief was issued to the Hyannis`Hotel Associates and authorized a one-story
addition to be built 5 feet within the 100-foot setback off Route 132 and allowed motel/hotel.function
rooms, storage,and accessory uses in the Highway.Business Zone.At this time, components"Project
A" and "Project C"were also proposed. Those components being.located fully in the Business.B
Zoning District were.permitted as-of.,right. They included a 50 room addition increasing the total
room count to 261.and on-site parking for 25.0 vehicles:
On October 4,2000, a 0.56 acre parcel, addressed'as'0 Settlers Lane (Assessor's Map 273/parcel 122)..
was transferred into the hotel:ownership. This parcel is situated to the rear of the motel and zoned
Residence C-1:
In 2002, a 1.2 acre lot was transferred increasing parcel #122 to a 12.54-acre lot. In 2005,the 1.2
acre lot was.improved as a parking lot for 87'vehicles,..The parking,lot area is zoned Highway,
Business and the improvement was permitted-as-of-right as accessory parking to.the existing motel.
On November 18, 2004,Town Council amended the zoning district.line in this.area. That
amendment altered the Business B Zoning District to follow the property line of the original hotel lot,
1225 lyannough Road (Route 132), Assessor's Map 273,.parcel 023. The change in the zoning line.
negated the 1971 Use Variance as motel.use.is perm itted as-of-right in the Business Bloning District.
However, that rezoning kept the landlocked,:'undersized, undevelopable•0.56 acre parcel, addressed'.
as 0 Settlers Lane, in the Residence_C-1' Zoning District.
Procedural & Hearing Summary:
This appeal was filed.at theTown.Clerk's`Office and at,the Office:of the.Zoning Board of Appeals on
January 16,.2008. A public hearing before the Zoning Board ofAppea s'was duly advertised and
notice sent to all abutters in accordance with rMGL Chapter 40A. The hearing was.opened.February
13,2008,.at which time the Board found to grant the bulk variance subject to conditions. Board
Members deciding this appeal were, Daniel M. Creedon,James R. Hatfield, Sheila.Geiler,John T.
Norman, and Chairman-Gail-C..Nightingale.
Attorney Michael'D. Ford represented the,applicant and.introduced William Catania of the Catania
Hospitality Group, owner of the motel,:and Gregory;Siroonian of Rescom Architectural; Inc., the
project architect. Attorney Ford presented the overall proposed expansion and renewal of the.motel
citing that the motel is in need of the upgrades to remain competitive in the business. He noted that
certain components of the proposal can be accomplished as-of=right; Those components are the
indoor water`park and an upgraded=spa as accessory to the hotel.
However,'the'proposed expanded buildicig footprint and alteration'in the parking does;increase the,
F nonconforming lot coverage to which relief is needed. The third story which is to accommodate 15
new hotel interval ownership units needs relief for the permitted number of stories in the Business 6
Zoning District as that-district is limited to two stories. As a very small portion of that third story-
penetrates into the Highway Business.Zone, relief should be issued to assure that expansion`of the
z
i Town of Barnstable-Zoning Board of Appeals-.Decision and Notice
Variance 2008-01 S-Cape Codder Resort
motel use as well as this use variance be issued to allow the half-acre Residential C-1-zoned lot to be
use in conjunction with the overall improvements plan,
Attorney Ford.recited the benefits of the project stating that the upgrades include an improved on-site
stormwater drainage.that will.reduce overall nitrogen loading to the site: He also indicated thattraffic
generated from the expansion is negligible given that the existing roadways can handle the added 6 to
8 vehicles per peak hours.
He noted, with regards to.the.use variance,.the proposed use of the,land is not for building but as
accessory and that only the first 30 feet of the 70 foot deep:lot would,be used for parking. The
remaining 40 feet of lot depth, which is abutting residentially zoned land,would only.be used for
drainage and landscape screening:
Attorney Ford cited thatthe hardship is that the lot is not buildable and is landlocked as it has no
frontage on a Way and that the only access to the lot is over the motel's parcel 021 The lot, when
created, was unbuil,dable.. He also indicated that to not be able to`use the lot when.it is needed to
help in improving the quality of run-off and provide:much needed parking for the newspa would
present hardship.
Public comment was requested and Ms.Patty Daley 'Director of the Growth Management
Department,spoke,on the proposed.expansion confirming that the,applicant has agreed to contribute
and/or build.the multi-use pathway that is intended to accommodate walking; bicycling,;andjogging:.,
No one else spoke in favor or in opposition o the request:
Findings of Fact:
At the hearing of February-13, 2008, the Board unanimously made the following findings of fact:
1. Appeal 20087015 seeks a use variance for the 0.56 acre parcel, Lot 122,which is in the
Residential C-1 Zoning District, to,be used as accessory parking, drainage,and landscaping to the
motel.
2. The entire property is a 13.1 acre site developed witha 215,124 square foot,258-room hotel with
accessory uses and parking. The accessory uses include a restaurant,_spa,function rooms, indoor
pool, tennis court, and associated landscaping.
3. The applicant.seeksto alter and expand the existing hotel by adding anew three-story spa building
consisting of 24,,000 square feet to the southeast of the main building. In addition, 15 new hotel
units (nine two-bedroom and six three-bedroom)are-proposed'to'be constructed onthe-third story.
of the proposed spa building and on a third story'to be built over two existing wings of the motel.
Improvements.also include the.enclosure of the 19,000-square foot atrium/swimming pool area to
be used for-an indoor water park. Site improvements include new outdoor pool, expanded'and
adjusted on-site parking, and incorporation of landscaped bio-retention areas for collection'of I'
surface run-off.
E.4. Cape.Cod Commission Decision dated January 10, 2008, granted a Development of Regional
Impact(DRI) Exemption, concluding that the location, character, and environmental effects of the.
project will prevent its having any significant impacts on the value&and purposes outside the.
Town of Barnstable.
3 .
t Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance 2008-015—Cape Codder Resort
5. The applicant will expand the existing footprint of the buildings as well as increase the:ground.,
pavement associated with the motel and its proposed expansion. The site as presently developed
is nonconforming, because more than 50% of the site is impervious. The,applicant:proposes to
extend the nonconforming site coverage from 56.4% to 61.9%,and.is proposing mitigation
through the adoption of and initiation of a bio-retention stormwater management program tha0s
designed to reduce the impact of impervious coverage:
6. The grant of the use variance will assist the redevelopment in securing added land area for greater
conform ity.to the requirements of the Groundwater Protection.Overlay District. The majority.of'
that area will be used for a'bio-retention basin and landscaping. Only a small portion ofitshall be.
paved and used for parking. Development for parking and landscaping will enhance the
appearance of this property and improved drainage will be an asset to-the neighborhood and to;
the expansion of the motel
7. Lot 122 is located 488.feet from Route 132 at its closest point,and is completely landlocked.
8. A literal enforcement of the ordinance will negatively affect the;applicantis ability to expand the
hotel and spa by limiting parking, impeding stormwater drainage, and detracting from the
landscaping plan. This hardship results from the unique shape of the buildings on this lot, which
directly affects creation of new units within the two-story limitation.
9. Desirable relief maybe granted without substantial detriment to the public:good and without.
nullifying or substantially derogating from the intent or purpose of the ordinance, in that the,third
story units will not exceed the 30 foot height requirement nor will they be visual to the general
public as they are located behind the third level`faade of the existing building. . The property is
already nonconforming as to the impervious coverage. The petitioner seeks:to mitigate that with
improved landscaping and stormwater management.
10.A literal enforcement of the ordinance would also prohibitthe'use of Lot 122 (zoned Residential)
for any purpose since the lot is currently unbuildable. This hardship results,from the:shape of the
parcel and the factthat.it is landlocked. '
Decision:
Based on the findings of fact, a.motion was duly made and seconded to grant Appeal 2008-015 fora
Use Variance to allow a 0.56=acre lot zoned Residential C-1,,addressed as 0 Settlers lane (Map 273'
Parcel 122) to be used.only,as accessory for parking, drainage and landscaping to the motel-use;
subject to the following:
1.. Parking on this lot is lim:ited,to the:first30 feet abutting the Business Zoning District. Parking shall
be screened from the abutting residential area by dense plantings of evergreens and a fence.
2 Improvements to this lot shall be as per plans submitted and entitled: "Cape Codder Resort&Spa,
f 1225 Iyannough Road, Hyannis,_MA"dated September 24,2007,:as prepared'by Holmes and
'McGrath, Inc., and Rescom Architectural, Inc. The site area architectural plan set includes 12
sheets:
■ Title Page
■ Plan of Existing Conditions revised 1212V07' Sheet 1 of 2 (Holmes & McGrath, Inc.)
4
i
i Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance 2008-015—Cape Codder Resort °
■ Site Plan of Proposed Development-revised 12/23/07-Sheet 2 Of 2 (Holmes.& McGrath, Inc.)
■ Stormwater Management dated September.2007-`Sheet 1 of 1 (Horsley Witten Group)
■ Existing Footprint Plan dated 09/24/67— EX1 (Rescom Architectural, Inc.)
■ Existing,Elevations dated.09/24/07-'EX2 (Rescom Architectural, Inc.)'
■ Proposed Footprint Plan dated 09/24/07`=.SP1,(Rescom Architectural,Inc.)
Proposed First Floor.Plan dated 1 01.1 2/07-Al (Rescom Architectural, Inc.)
■ Proposed Second floor Plan dated 10/12/07 A2 (Rescom Architectural, Inc..)
■ Proposed Third Floor Plan dated 10/12/07-A3 (Rescom Architectural, IncY;
• Proposed Unit Plans-dated.09/24/07`=A4.,,(Rescom Architectural, Inc.)
■ Proposed Lighting-Plan dated 09/24/07— LT1 (Rescom Architectural;Inc.)
3. All condition and requirements of Special Permit 2008-007 Part A'shall also apply as applicable to
this parcel and its improvements
The vote was as follows:
AYE: Daniel M. Creedon,James R. Hatfield, Sheila Geiler,John:T. Norman,Gail:C. Nightingale
NAY: None -
Ordered:
Use Variance 2008-015 has been granted to Parcel'122 of Assessor's Map 271 allowing the lotto be
used as accessory to the motel use located on adjoining.Parcel 023 of Assessor's Map 273 subject.to
conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and,
notice of that recording`submitted to the Zoning Board of Appeals Office. The relief authorized by this
decision must be exercised within one year._Appeals of this decision, if::any, shall be made pursuant;.
to MGL Chapter 40A, Section'l7, 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 Barnstable Town Clerk.
Ga C. Nighting I .-Chai an- D e 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`tiiis decisiomand
that no appeal of the decision has been filed'in the office of the Town Clerk,
Signed and sealed this day under the pains and.penalties`of perlu.
,...' f ry
Linda Hutchen rider-Town Clerk - `---:
5
J TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
-7ZQ'$
Map ,'2 % Parcel OZ 44 5 T. Application #
0)c 4/0k)�48
Health Division Date Issued ';51 ?)tnq�
Conservation Division_ ,(� Application Fee
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board Z
Historic - OKH _Preservation/ Hyannis
Project Street Address 4111 b L)Cab{ 1Z0 A1C>
Village iA--( A oA ls6
Owner CA.'C'Ak;w1A }-lo'�->piT^L CT-1 GRotf UZ Address 1-40 1=1�L-MvvT4k 1Z6A•`C�
Telephone 646 - �5 6_7"6 57C? 1 `
Permit Request �4^VQ'%T)n AA O� TN 2"l o f:L 00 L U �t-k l �
49-7`
Square feet: 1 st floor: existing proposed nd floor: existing proposed W'wl Total new 13A 3
Zoning District'0 IA15 *r s ? Flood Plain Groundwater Overlay GF1 ;.,
'l�000�
Project Valuation �—Construction Type _ l
Lot Size
Grandfathered: �es ❑ No If yes, attach s pportinT�documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) i
Age of Existing Structure Nty-,5 Historic House: ❑Yes ❑ No On Old King's Highway: ❑'-Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout AOther - =
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: �as ❑ Oil *Iectric ❑Other
Central Air: )<e—s ❑ 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: ❑ existing ❑ new size _ Other:
Zoning Board of Appeals Authorization *Appeal # Recorded ❑
Commercial ��es ❑ No If yes, site plan.review#
Current lJse- = o,i L �- - - - .-• Proposed Use Rorvt;L
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name W Telephone Number y s--
Address Ce:.✓� es License# V ! 7
Re�/s-erg✓°-'� /�s� Home Improvement Contractor# Al 114
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Worker's Compensation # l.416 ZZ 93--
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE 3��/� r
4`S FOR OFFICIAL USE ONLY
APPLICATION#
DATE ISSUED
MAP PARCEL NO.
ADDRESS VILLAGE i
J OWNER -
DATE OF INSPECTION: -
FOUNDATION
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INSULATION `oIC ff`
FIREPLACE f' -
ELECTRICAL: ROUGH FINAL I '
PLUMBING: ROUGH FINAL
"GAS: ROUGH FINAL
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DATE CLOSED-OUT
ASSOCIATION'PLAN NO.;
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HEALT APPROVAL 6500 03/18/2011.8 DST ; APPR.
SITE: APPROVAL 6393 03/12,2008 ESWI A.PPR SPR054-07
TAX APPROVAL 6300 04/ 3/20t}8 SSHE APPR
WORK SUBMISSION 6300
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`�- The Com
monwealth ofMassachus etts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
.� www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
Name(Business/Organization/Individual): J'—< 5 J- �o �- �orhr=•-er'c•Z� ( 6--s/'^'�' `"� T"`
Address: `31 ci
City/State/Zip: Phone.#: 3 Z'9- 7 Z
Are you an employer?Check the appropriate box: Type of project(required):
6.
1. I am a employer with 4. 0 I am a general contractor and I ❑
New 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 g• ❑Demolition
workingfor me in an capacity. employees and have workers'
Y P h'• 9. ❑Building addition
[No workers' comp.insurance comp.rnsrrranceJ
required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their l l.❑Plumbing repairs or additions
myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs
insurance required.]t c. 152, §1(4),and we have no 13.❑Other
employees. [No workers'
comp.insurance required.]
*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 are doing all work and then hire outside contractors must submit a new affidavit indicating such.
,Contractors that check this box must attached an additional sheet showing the name of the subcontractors and state whether or not those entities have
employees. If the subcontractors have employees,they must provide their workers'comp.policy number.
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information. / / 7
Insurance Company Name: /�O✓�Tom,A ��� s���-�n� c /
L Z 2- yS �/ 6 Expiration Date: 2-/Zy/a
Policy#or Self-ins.Lic.#: �
Job Site Address: 2-2-5_ of `u 4ni• City/State/Zip: /2 ti 4" � 3
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 penalties of a
fine tip 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 up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify 7_r_
thandpenalties of perjury that the information provided above is true and correctSi ature: Date: ,3/2. a
Phone#• 3 Z O 71 2
Official use only. Do not write in this area,to be completed by city or town officiaL
City or Town: Permit/License#
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other.
Contact Person: Phone#:
r`
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees.
Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hue,
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
receiver or 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
employment be deemed to be an employer."
cause of such
or on the grounds or building appurtenant thereto shall not be
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 until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contractor(s)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
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 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'
compensation policy,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 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 permit/license 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"the 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 licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit not related io any business or commercial venture
(i.e.a dog license or permit to bum 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 CammonwWth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston,MA 02111
Ter. #617-727-490.0 ext 4-06 or 1-877-MASSAFE
Fax# 617-727-7749
Revised 11-22-06
www.mass..gov/dia
Apr 15 08 10: 20a RESCOM ARCHITECTURAL INC 15087599802 p. 1
T) USCO
IV12j. M _ Tel. (508) 759 9828 Fax: (508) 759=9802
Architectural, Inc. P.O.. Box 157, Bourne, MA 02553
FAX COVER SHEET
To: Tom Perry
Co. Barnstable Building Department
Fax #: 508-790-6230
From: Gregory B. Siroonian
Date: April 15, 2008 l�
RE: Cape Codder Resort and Spa
Remarks:
Original mailed to Mass DEP
Number of Pages including this cover sheet: 4 _
2-
Un
Ifyou do not receive a complete transmission,please call(508) 759-9828
Residential& Commercial Architecture
Apr 15 08 10: 20a RESCOM ARCHITECTURAL INC 15087599802 p. 2
Apr 1112008 13: 34 HP LRSERJET FAX p. 2
Massachusetts Department of Environmental Protection
- Bureau of Waste Prevention .Air Quality ---- ----Please E-�°�'�•-.........
BWP AQ 06
Notification Prior to Construction or Demolition Affix ratification Decal Here
----------------------------------
A. Applicability
Wh Uwe out A Construction or Demolition operation of an industrial,comrnemial,or institutional building,or
forms on the residential building with 20-or more units is reQulsted by the Department of Environmental Protection
GOfno"ter use (DEP),.Bureau of Waste Prevention-Air Quality Division,under Regulations 310 CMR 7.09-
orgy°1e nib key
Notification of Construction or Demolition operations Is required under 310 CMR 7-09(2)ten(10)
r
to move your
cursor-do not Wye prior to any worts being perfumne d.The following Infofmation is required pursuant to 310 CMFt
un be return 7.09.
k
B. General Project Description
1. FscHity Information:
C"Ce Co v p6 R WA—
Nam
�YAA6041i 'ROXV
i Address
j tnstractbns N1fAN►56i MA 021ea 1
zip code
1.Ad sections of Cos �1 —0040 suata
r pris form must be Talepl one Nun4w Small Addteas(oplonaq
completed In order
to CM"win the Site:
ap, w 2
Eevtronrrransel
Ptotocflon S*we Ited Ntanl)et of Fkxn
reqnot'd#rBtlort
mm of310 CMR T.09 Was the fadilty built prior to 19807 >(Y es ❑ No
310 C
2.Submit Oithial Describe the current or prior use of the facility:
Form To:
Comeftowvaltb of HP
f{
aaaaaslwsetfs —`
Asbestos Program
P.O.sou 12W17 is the 1h d1ty a residential TaciHtyrt ❑ Yes No
8osecn,YA
a2tlzaoss If yes.how many units?
I
2- Facility Owner
CmA IA NogP �t�tr� cRo �✓---
N�ne r��
141 f-AtMoyr�1
Address
%4 A 4 46 WIN DZ&0 t _
a606wTOW4 �'il "Ob4d score ZIP code
Tatwhona Nwr*er Oncluds area code and eroenaWn) E-Mail Address(optPonw)
�tLL`= GATANI�4
1 or.aia Manager �
I -
aQOt3app•8104 BWP AO 0e•Page 1 of 3
i
Apr 15 08 10: 21a RESCOM .ARCHITECTURAL INC 15087599802 p.3
Apr 11 2008 13: 34 HP LASERJET FRX p. 3
Massachusetts Department of Environmental Protection
Buteau of Waste Prevention •Air Quality Ple18e&W DeW 0
BWP AQ 06
Notification Prior to Construction or Demolition
B. General Project Description (coat.)
3. General Gontracbor_
EABC CoA-lr cortrl01=4AL. CANSWILO GMCA4
"'3�9
Address
MfK 62 57°1
"ab2? seta Zp Code
Telephone IWmber(inrJrge iris code and adenticn) E rrWil Address(optbneq
1•1lI.1157 1
onslb Manager
C. General Construction or Demolition Description
afamsat tr 1. Construction or demolition oon ractor:
iaabeslos Is iorne UtA4
i acre■
i Canshuction or Name
�BrnoiYon
omrxkr'an Address
responebb
i Perde■MLMI
oomph with 310 N
T
CMR 7.00.7_09, eteplrone"umbel(eZrirde mea wde and eruendar) E-aeU Address(optbr►sQ
I 7_15,and Chapter
f 21 E of the On-sde Manger
General Lawn of
!I Ole 2 On-Site SuperNsor.
Carrerorrwaattli.
This wow
Include.butrrorrid Name
nal by W fk Ia.,
aha9 an-sebeetoe 3. Is the entire fao7ity to 6E demollshedT ❑ yes o
removal epn rrx 4. Describe the area(s)to be demolished:
andfor a notice of -
releaserthreat of 1�loeQ AODIF Pie►Ct�►41'r
releaea of a
hazardous
f eubatanoe to Ore
S. If this is a construction project,describe the buddng(s)or eddWn(s)to be constructed:
j
ii
l
f
�� 910f ewP AG 05•Pape 2 of 3
Apr 15 08 10: 21a RESCOM ARCHITECTURAL INC 15087599802 p. 4
Apr 11 2008 .13: 34 HP LRSERJET FRX p. 4
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention .Air Quality Please Eller UcW
BWP AQ 46
Notification Prior to Construction or Demolition
C.General Construction or Demolition Description (cant.)
8. if this is a demolition Project,were the structures)surveyed for the presence of asbestos containing
material(ACM)?
❑ Yes ❑ No
If yes,who Conducted the survey?
Name
j
Division ofOooupal WA 841atp CiWHkarion Nunber
4 2G�8 12-3D-of�
7. C.onsUuGbar►or Demolition •
oa�e-
8_ For demolition end construction projects,indicate dust suppression techniques to be used:
❑ seeding ❑ .paving
wetting ❑ shrouding If other,please specify:
i covering ❑ other
9. For Emergency Demolition Operations,who is the DEP ofinal who evaluated the emergency?
I .
Nam®of DEP Oldel
Too
Date arAudwifteuon
DEP Waiver!
D-Certification
1 I cw*that I have exambied the `
above and that to the best of" wtM
f knawkxte it is true and complete.
j The signature below subjects the Au600rrzed Slynatrre
signer to the general statutes ftESttOENr
regard'mg a false and misleading Pawoorvrtle
! statemera(6). CArrJhK1A �iosPrTl�t•lty ���p
,! RePWAM np
oafs �
P.E.f
BOSOM•BIOS
8WP AD OB•Page 3 of 3
1
l
i
, '
D CONSULTING
Structural Engineering
STRUCTURAL AFFIDAVIT FOR CONSTRUCTION CONTROL
TO: Cataina Hospitality Group, LLC
140 Falmouth Road
Hyannis, MA 02601
RE: Cape Codder Resort & Spa
1225 lyannough Road
Hyannis, MA
FC PROJECT No.: 0769
DATE: March 10, 2008
In accordance with the Massachusetts State Building Code Section 116.0, the engineer's
authorized representative will make periodic field visits during the construction period for the above
project and make observations of work in progress. Observations shall be recorded per the CSI
(Constructions Specification Institute) standard format and furnished promptly to the Buil ing
Department and the Owner..
` OF
STACY
R.
Lic. #42868
w TAC R. LOOD MASS. REG. NO.
0�AFC{ \���
STRUCTURAL
�faNAL
CemrronwEc.\ o� '�usch�-Ss
hrv..c\e�1�S�c 55• �
Subscribed and sworn to me this 0 day of MsILIZ _ , 2008.
bad
=WORDELLLL NOTA PUBLIC
cot:t+us�rrsMy Commission expires
ires, ll�ov 20
l.
-56 Laurel Drive Hudson, MA 01749 • TEL: (978) 562-6499 FAX: (978) 562-6246
a
FLOOD ZONSULTING
Structural Engineering
PROGRAM OF STRUCTURAL TESTS AND INSPECTIONS
For compliance with Chapter 17 of the 6`h Edition of the
Massachusetts State Building Code
Project: Cape Codder Resort& Spa
Project Address: 1225 Iyannough Road,Hyannis, MA
Project Owner: Cataina Hospitality Group,LLC
Owner's Address: 140 Falmouth Road,Hyannis,MA
Structural Engineer of Record: Flood Consulting
Architect of Record: RESCOM Architectural,Inc.
This program of Structural Tests and Inspections is submitted as a condition for permit issuance in accordance with
Chapter 17 of the 6`h edition of the Massachusetts State Building Code. It includes a schedule of Structural Tests and
Inspections applicable to this project as well as the names of individuals and the identity of other agencies intended to be
retained for conducting these tests and inspections.
The Structural Engineer of Record (SER) shall review records of all inspections and tests. These tests and inspections
shall be furnished to the Building Official, Owner, and Architect of Record by the relevant agencies. The SER shall,
review inspections and testing reports and shall give written notice of non-conforming work to the-Contractor.for,!
correction and the Owner's representative. The Program of Structural Tests and Inspections does not relieve-the
Contractor of his/her responsibilities and obligations to comply with the Contract Documents. Furthermore,the results of
the Program of Structural Tests and Inspections do not relieve the Contractor of his/her responsibilities.
Interim reports will be submitted by the Structural Engineer of Record to the Building Official, Owner, and Architect of
Record. The schedule of interim reports shall be approved by the Building Official prior to permit issuance.
A final report documenting completion of all required Structural Tests and Inspections and. correction of any .
discrepancies noted in the interim reports will be submitted by the Structural Engineer of Record to the Building Official,
Owner, and Architect of Record prior to the issuance of a certificate of use and occupancy.
Job site safety is solely the responsibility of the Contractor and not part of the Program of Structural Tests and
Inspections. Material and activities to be inspected do not include the Contractor's equipment or the means,methods,and
procedures used to erect or install the materials or assemblies listed.
Prepared by the Structural Engineer of Record: vs�N
Stacy R.Flood-D.E. A STACY
Nam R.
W428W
03/10/08 mo CTi1RAL It
Signature Date twiffV
s'oaAL
Owner's torizat \ Building Official's
Name( e e pr' Name(please print)
AR
Signature Date Signature Date
56 Laurel Drive Hudson, MA 01749 • TEL: (978) 562-6499 FAX: (978) 562-6246
Page-2
Schedule of Structural Tests and Inspections
The following sheets comprise the Schedule of Structural Tests and Inspections for this specific project. The
Construction Divisions which require Structural Tests and Inspections are as follow:
Construction Division No.
Division 2
• *Soils&Foundations
• *Prepared Fill
Division 3
• Cast-In-Place Concrete
• *Precast Architectural Concrete
Division 4
• Unit Concrete Masonry
Division 5
• Structural Steel
• Steel Joists
• Steel Deck
• *Structural Light Gage Metal Framing Systems
• *Metal Fabrications
*This item is specified in the construction documents to be designed by another registered professional engineer on a
performance basis. In accordance with Chapter 17 of the sixth (6t') edition of the Massachusetts State Building Code, the
design of this item shall be reviewed by the SER. The Engineer of Record for this item shall visit the site to verify that
construction has been completed in accordance with the submitted documents.
FIRM NAME ADDRESS
1. Structural Engineer of Record Flood Consulting(FC) 56 Laurel Drive
Hudson,MA 01749
(978)562-6499 FAX(978)562-6246
2. Architect RESCOM Architectural, 118 Waterhouse Road
Inc.(ARCH) Bourne,MA 02532
Phone(508)759-9828 FAX(508)759-9802
INSPECTION AGENCIES FIRM NAME ADDRESS
1. Geotechnical Engineer .,To Be Determined(GE) Address
City,State Zip Code
Phone(xxx)xxx-xxxx FAX(xxx)xxx-xxxx
2. Testing Laboratory Approved Testing Agency Address
(TL) City, State Zip Code
Phone(xxx)xxx-xxxx FAX(xxx)xxx-xxxx
Page-3
A. SOILS&FOUNDATIONS-02200
For a Program of Structural Tests and Inspections, see the Civil Engineer for Soils and Foundations.
B. PREPARED FILL-02200
For a Program of Structural Tests and Inspections, see the Civil Engineer for Prepared Fill.
C. CAST-IN-PLACE CONCRETE-03300
ITEM AGENTS SCOPE
1. Mix Proportions and Mix FC,TL Review the concrete mix proportions(FC);perform on-site inspection for the
Techniques use of proper mix proportions and mix techniques(TL).
2. Material Certificates FC Review material certificates for conformance with the construction documents.
3. Batching Plant FC,TL Review plant certifications and quality control procedures(FC);perform in-
lant ins ections as required to insure concrete quality(TL).
4. Reinforcement and FC,TL Review the job standards for reinforcing steel and embedded items;inspect the
Embedded Item size,quantity,condition,and location of the in-place reinforcing and
Installation embedded items for conformance with the construction documents and the
approved shop drawings(FC,TL).
5. Formwork Geometry TL Inspect the in-place formwork for general conformance with the construction
documents.
6. Concrete Placement FC,TL Observe concrete placement operations,including hot and cold weather
placement procedures,for conformance with the proper techniques indicated
in the construction documents(FC,TL);during concrete placement,prepare
test cylinders and perform slump and air content tests in accordance with the
construction documents(TL).
7. Curing and Protection FC,TL Review hot and cold weather protection procedures(FC);after concrete
placement,observe curing and protection procedures for conformance with the
reviewed rotection procedures(TL).
8. Evaluation of Concrete FC,TL Perform strength evaluation tests on concrete cylinders in accordance with the
Strength construction documents(TL);review the concrete test reports for conformance
with the construction documents(FC).
D. PRECAST ARCHITECTURAL CONCRETE-03450
For a Program of Structural Tests and Inspections, see the Precast Design Engineer for the Precast Architectural
Concrete.
Page-4
E. UNIT CONCRETE MASONRY-04200
ITEM AGENTS SCOPE
1. Material Certificates FC,ARCH Review material certificates for conformance with the construction documents.
2. Proportioning,Mixing, TL,ARCH Inspect field proportioning,mixing,and consistency of mortar and grout for
and Consistency of conformance with the construction documents.
Mortar and Grout
3. Evaluation of Masonry TL,ARCH Sample and test the masonry mortar and grout,the concrete masonry units,
Strength and concrete masonry prism,at the approved frequency,for conformance with
the construction documents. '
4. Masonry Installation, FC,TL,ARCH Inspect unit masonry installation,mortar application,and grouting operations
Mortar Application,and for conformance with the construction documents and approved shop
Grouting Operations drawings(FC,TL).
5. Reinforcement and FC,TL,ARCH Inspect the size,quantity,condition,and placement of reinforcing and
Accessory Installation accessories for conformance with the construction documents and approved
sho drawings(FC,TL).
6. Masonry Anchorage and FC,TL,ARCH Inspect the anchorage of masonry to structural members,foundation walls or
Embedded Items other construction,and the installation of embedded items for conformance
with the construction documents and approved shop drawings(FC,TL).
7. Weather Protection FC,TL,ARCH Review curing and protection procedures(FC);inspect the protection of
masonry during hot and/or cold temperatures for conformance with the
reviewed protection procedures(TL).
F. STRUCTURAL STEEL-05100
ITEM AGENTS SCOPE
1. Fabricator Certification FC,TL Review the fabricator's and welder's certificates and the fabrication shop
and Shop Quality Control quality control procedures(FC,TL).
Procedures
2. Material Certificates FC Review material certificates for conformance with the construction documents.
3. Bolting FC,TL Review field and shop bolting procedures for conformance with the
construction documents(FC);inspect,and test as required,all field and shop
bolted connections for conformance with the construction documents and
approved shop drawings.
4. Welding FC,TL Review field and shop welding procedures for conformance with the
construction documents(FC);visually inspect all field and shop welded
connections for conformance with the construction documents and approved
shopdrawings(FC,TL).
5. Structural Assemblies and FC,TL Inspect all installed structural assemblies and connections for compliance with
Connections the construction documents and approved shop drawings.
Page-5
G. STEEL JOISTS-05200
ITEM AGENTS SCOPE
1. Steel Joists FC Review the design of the performance specified steel joists and joists girders.
2. Fabricator Certification FC,TL Review the fabricator's and welder's certificates and the fabrication shop
and Shop Quality Control quality control procedures(FC,TL).
Procedures
3. Material Certificates FC Review material certificates for conformance with the construction documents.
4. Assembled but un- FC,TL Inspect the assembled joists for conformance with the construction documents
installed joists and approved shop drawings.
5. Installed Joists FC,TL Inspect the arrangement of joists,including welded seats and bridging to
verify conformation with the construction documents and approved shop
drawings(TL).
H. STEEL DECK-05300
ITEM AGENTS SCOPE
1. Manufacturer's Certificate FC Review the manufacturer's certificates for production and control procedures.
and Shop Control
Procedures
2. Installed Decking FC,TL Inspect decking including laps,screws,and welds as per approved shop
drawings.
I. STRUCTURAL LIGHT GAGE METAL FRAMING SYSTEMS-05400
For a Program of Structural Tests and Inspections, see the Structural Light Gage Metal Design Engineer for the
structural light gage metal framing systems.
J. METAL FABRICATIONS-05500
For a Program of Structural Tests and Inspections, see the Metal Fabrication Design Engineer for the metal
fabrications.
RESCOM
ARCHITECTS CONSTRUCTION Architectural, Inc.
CONTROL AFFIDAVIT Residential& Commercial Architecture
Project: P.O. Box 157, 118F Waterhouse Road
Cape Codder Resort and Spa Monument Beach,MA 02553
1225 lyannough Road (508) 759-9828
Hyannis, MA 02601
In accordance with paragraph 116.0 780 CMR, the Massachusetts State Building
Code, I, Gregory B. Siroonian, a representative of RESCOM Architectural, Inc,
Massachusetts Registration Number 9748 being a registered professional Architect
hereby certify that I will be present on the construction site at intervals appropriate to
the stage of construction to become generally familiar with the progress and quality
of work and to determine, in general, if the work is being performed in a manner
consistent with the construction documents.
I will submit, periodically, a progress report with all pertinent comments of the site
visits and compliance of all pertinent items to the building official. I will submit a
report s to the ati factory completion and readiness of the project for occupancy.
Architec Date:
SEAL
RED A 4
�a�qE qD'�:�`'�
�PV B.S/qo FC'
v No.9748 N
BOURNE,
MA y'
O
RESCOM Architectural, Inc.
B R
BUILDING ENGINEERING RESOURCES, INC.
MECHANICAL DESIGN AFFIDA VIT
Date: March 111 2008
Project: Cape Codder Resort.& Spa (Phase 1 Hotel Units)
1225Iyannough Road
Hyannis, Massachusetts
I, Steven A. Karan, PE,LEED, certify that to the best of my knowledge, information and
belief that the above-referenced project was designed in accordance with the latest
edition of the Massachusetts Building Codes and all Local and State Codes. The
Engineer stated below was responsible for the MECHANICAL design and will provide
Construction Administration for the project during construction.
STEVEN A. KARAN, PE, LEED #34989
Engineer-MA Reg. Number .
BUILDING ENGINEEIRMG RESOURCES,INC P�jH OFMq�Sy
Company STEVEN A. tic
CD KARAN N1r11
C) MECHANICAL
28 MAIN STREET NO EASTON,MA a.34989
Address
i
(508) 230 - 0260
Telephone Number Engineer Seal&Signature
On this date March 11, 2008— before me, the undersigned Notary Public,personally appeared
the above named Steven A.Karan,PE.LEED,proved to me through satisfactory evidence of
identification which was personal knowledge to be the person(s) whose name(s) is signed on the
preceding or attached document in my presence, and who swore to me that the contents of the
document are truthful and accurate to the best of his/her knowledge.
ore me, I'
y o )ssion Expires,
28 Main Street,Building 3A North Easton,Massachusetts 02356 IT 508.230.0260 IF 508.230.0265 BER@BER-engineering.com
I
B R .
BUILDING ENGINEERING RESOURCES, INC.
ELECTRICAL DESIGN AFFIDA VIT
Date: March ]], 2008
Project: Cape Codder Resort& Spa (Phase 1 Hotel Units)
1225Iyannough Road
Hyannis, Massachusetts
I, Marc R. Plante, PE, certify that to the best of my knowledge, information and belief
that the above-referenced project was designed in accordance with the latest edition of
the Massachusetts Building Codes and all Local and State Codes. The Engineer stated
below was responsible for the ELECTRICAL design and will provide Construction
Administration for the project during construction.
MARC R. PLANTE,PE, #38119
Engineer-MA Reg. Number
BUILDING ENGINEERING RESOURCES, M, OF
Company Company d� MARC E
c� ELF i A
28 MAIN STREET NO. EASTON, MA
Address FGt
SIONAL '
(508) 230 - 0260
Telephone Number Engineer Seal&Signature
On this date March 11, 2008, before me, the undersigned Notary Public,personally appeared
the above named Marc R. Plante,PE,proved to me through satisfactory evidence of
identification which was personal knowledge to be the person(s)whose name(s) is.signed on the
preceding or attached document in my presence, and who swore to me that the contents of the
document are truthful and accurate to the best of his/her knowledge.
Before me,
�Y/ m'�n Expi s,
28 Main Street,Building 3A I North Easton,Massachusetts 02356 IT 508.230.0260 IF 508.230.0265 1 BER@BER-engineering.com
B, R
BUILDING ENGINEERING RESOURCES, INC.
PLUMBING DESIGN AFFIDA VIT
Date: March 11, 2008
Project: Cape Codder Resort& Spa (Phase I Hotel Units)
1225Iyannough Road
Hyannis,Massachusetts
I, Steven A. Karan,PE, LEED,certify that to the best of my knowledge, information and
belief that the above-referenced project was designed in accordance with the latest
edition of the Massachusetts Building Codes and all Local and State Codes. The
Engineer stated below was responsible for the PLUMBING design and will provide
Construction Administration for the project during construction.
STEVEN A. KARAN,PE, LEED #34989
Engineer-MA Reg. Number
BUILDING ENGINEERING RESOURCES, jw oFM�ss9
Company STEVEN A. tiN
KARAN m
MECHANICAL. -�
28 MAIN STREET NO. EASTON,MA o.34989
Address
� N
(508) 230 - 0260
Telephone Number Engineer Seal&Signature
On this date March 11,2008,before me, the undersigned Notary Public,personally appeared
the above named Steven A.Karan,PE,LEED,proved to me through satisfactory evidence of
identification which was personal knowledge to be the person(s) whose name(s) is signed on the
preceding or attached document in my presence, and who swore to me that the contents of the
document are truthful and accurate to the best of his/her knowledge.
Before me,
y om i lion Expires,
28 Main Street,Building 3A North Easton,Massachusetts 02356 IT 508.230.0260 IF 508.230.0265 BER@BER-engineering.corn
B R
BUILDING ENGINEERING RESOURCES. INC.
FIRE PROTECTION DESIGN AFFIDAVIT
Date: March 11, 2008
Project: Cape Codder Resort& Spa (Phase I Hotel Units)
1225Iyannough Road
Hyannis, Massachusetts
I, Steven A. Karan,PE, LEED, certify that to the best of my knowledge, information and
belief that the above-referenced project was designed in accordance with the latest
edition of the Massachusetts Building Codes and all Local and State Codes. The
Engineer stated below was responsible for the FIRE PROTECTION design and will
provide Construction Administration for the project during construction.
STEVEN A KARAN PE, LEED #34989
Engineer-MA Reg. Number
BUILDING ENGINEERING RESOURCES, INC, P0"OF44,q
Company ��� STEVEN A. cyN
o KARANm.
MECHANICAL c
28 MAIN STREET NO. EASTON, MA m .34989
Address A - Tc
o
(508) 230 - 0260
Telephone Number Engineer Seal&Signature
On this date March 11,2008. before me, the undersigned Notary Public,personally appeared
the above named Steven A.Karan,'PE,LEED,proved to me through satisfactory evidence of
identification which was personal knowledge to be the person(s) whose name(s) is signed on the
preceding or attached document in my presence, and who swore to me that the contents of the
document are truthful and accurate to the best of his/her knowledge.
Before me,
y o i sion Expires,
28 Main'Street,Building 3A North Easton,Massachusetts 02356 IT 508.230.0260 IF 508.230.0265 BER@BER-engincen'ng.com
1 1
�OE\flG
Town of Barnstable
1639. ,0� Regulatory Services
Thomas F.Geiler,Director
Building Division
Thomas Perry,CBO
Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
GM co�a\kt\ , as Owner of the subject property
herebyauthorize A`3i C';�,��tto act on my behalf,
in all matters relative to work authorized by this building permit application for.
(Address of Job)
Signature of Owner Date
Print Name
Q:\WPFILES\FORMS\building permit forms\EXPRESS.doe
Revise020108
Town of Barnstable
oFt"E
Regulatory Services
Thomas F.Geiler,Director
BAMMBM%639 Building Division
a639
iOrEc Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION: village
number street
"HOMEOWNER': work hone#
name home phone# P
CURRENT MAILING ADDRESS:
city/town state zip code
The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and
to allow homeowners to engage an individual for hire who does not possess a license,Provided that the owner acts as
supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends,to reside,on which there is,or is intended to
be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A
person who constructs more than one home in a two-year period shall not be considered a homeowner. Such
"homeowner" shall submit to the Building Official on a form acceptable to the Building Official,that.he/she shall be
responsible for all such work performed under the building permit. (Section 109.1.1)
The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other
applicable codes,bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
requirements.
Signature of Homeowner
Approval of Building Official '
Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the
State Building Code Section 127.0 Construction Control
HOMEOWNER'S EXEMPTION
The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions
of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such
work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix ar
Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly
when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed
Supervisor. The homeowner acting as Supervisor is ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,
that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by
several towns. You may care t amend and adopt such a form/certification for use in your community.
Q:\WPFILES\FORMS\homeexempt.DOC
I
COMcheck Software Version 3.3.1
Envelope Compliance Certificate
Massachusetts Commercial Code
Report Date:03/12/08
Data filename:Y:\Drawings\2007\Commercial\07034 Cape Codder Resort\CommonArea.cck
Section 1: Project Information
Project Title:Cape Codder Resort&Spa Phase 1 Hotel Units
Construction Site: Owner/Agent: Designer/Contractor:
1225 lyannough Road RESCOM Architectural.Inc.
Hyannis,MA 118 Waterhouse Road
Bourne,MA
508-759-9828
Section 2: General Information
Building Location(for weather data): Hyannis,Massachusetts
Climate Zone: 12a
Heating Degree Days(base 65 degrees F): 5884
Cooling Degree Days(base 65 degrees F): 606
Project Type: New Construction
Vertical Glazing/Wall Area Pct.: 5%
Building Type Floor Area
Hotel 9489
Section 3: Requirements Checklist
Climate-Specific Requirements:
Component Name/Description Gross Area Cavity Cont. Proposed Budget
or Perimeter R-Value R-Value U-Factor U-Factor
Roof 1:All-Wood Joist/Rafter/Truss 6460 30.0 0.0 0.035 0.059
Exterior Wall 1:Wood Frame,Any Spacing 12880 19.0 0.0 0.068 0.089
Window 1:Vinyl Frame:Double Pane with Low-E,Clear,SHGC 0.63 293 --- --- 0.340 0.592
(b)
Window 2:Metal Frame with Thermal Break:Double Pane with 340 — — 0.350 0.592
Low-E,Clear,SHGC 0.63(b)
Door 1:Solid 84 --- --- 0.350 0.140
Door 2:Glass,Clear,SHGC 0.87 63 --- -- 0.350 0.592
Floor 1:All-Wood Joist/Truss 5731 19.0 0.0 0.049 0.054
Floor 2:Slab-On-Grade:Unheated,Depth 4 ft. 142 --- 10.0 — -
(a)Budget U-factors are used for software baseline calculations ONLY,and are not code requirements.
(b)Claimed performance does not exceed defaults in Tables 1301.9.3.1.No manufacturer certification required.
(c)Certain building use types require continuous under-slab insulation(see Massachusetts Code Section 1304.2.7 and 1304.2.8).
Air Leakage, Component Certification, and Vapor Retarder Requirements:
1. All joints and penetrations are caulked,gasketed,weather-stripped,or otherwise sealed.
2. Windows,doors,and skylights certified as meeting leakage requirements.
3. Component R-values&U-factors labeled as certified.
4. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a
manner that achieves the rated R-value without compressing the insulation.
Cape Codder Resort&Spa Phase 1 Hotel Units Page 1 of 2
5. Vapor retarder installed.
Section 4: Compliance Statement
Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications
and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the
Massachusetts Commercial Code requirements in COMcheck Version 3.3.1 and to comply with the mandatory requirements in the
Requirements Checklist.
T FCA�9& S 3• l2•og
Name-Title Signatur Date
Project Notes:
Hotel Common Area
Cape Codder Resort&Spa Phase 1 Hotel Units Page 2 of 2
Permit#
Permit Date
REScheck Software Version 3.7.3
Compliance Certificate
Project Title: Cape Codder Resort & Spa Phase 1 Hotel Units
Report Date:03/12/08
Data filename:Y:\Drawings\2007\Commercial\07034 Cape Codder Resort\3BedroomUnit.rck
Energy Code: Massachusetts Energy Code
Location: Hyannis,Massachusetts
Construction Type: Multifamily
Heating Type: Other(Non-Electric Resistance)
Glazing Area Percentage: 15%
Heating Degree Days: 6137
Construction Site: Owner/Agent: Designer/Contractor:
1225 lyannough Road RESCOM Architectural,Inc.
Hyannis,MA 118 Waterhouse Road
Bourne,MA
508-759-9828
. . . ..
Glazing
• - - or D..
Ceiling 1:Flat Ceiling or Scissor Truss: 1527 30.0 0.0 53
Ceiling 2:Cathedral Ceiling(no attic): 179 30.0 0.0 6
Wall 1:Wood Frame, 16"o.c.: 1440 19.0 0.0 71
Window 1:Vinyl Frame:Double Pane with Low-E: 48 0.340 16
Door 1:Solid: 40 0.350 14
Door 2:Glass: 167 0.350 58
Floor 1:All-Wood Joist/Truss:Over Unconditioned Space: 1706 19.0 0.0 80
Compliance Statement:The proposed building design described here is consistent with the building plans,specifications,and other
calculations submitted with the permit application.The proposed building has been designed to meet the Massachusetts Energy
Code requirements in REScheck Version 3.7.3 and to comply with the mandatory requirements listed in the REScheck Inspection
Checklist.The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard
Design Conditions found in the Code.The HVAC equipment selected to heat or cool the building shall be no greater than 125%of
the design load s e ' d in Sections 780CMR 1310 and J4.4.
�itorh��icLt""y�+�t., Si,1c. �•12 .0�3
Builder/DLS ner Company Name Date
Project Notes:
Typical 3 Bedroom End Unit
Cape Codder Resort&Spa Phase 1 Hotel Units Page 1 of 1
COMcheck Software Version 3.3.1
8/1"
Envelope Compliance Certificate
Massachusetts Commercial Code
Report Date:03/12/08
Data filename:Y:\Drawings\2007\Commercial\07034 Cape Codder Resort\CommonArea.cck
Section 1: Project Information
Project Title:Cape Codder Resort&Spa Phase 1 Hotel Units
Construction Site: Owner/Agent: Designer/Contractor:
1225 lyannough Road RESCOM Architectural.Inc.
Hyannis,MA 118 Waterhouse Road
Bourne,MA
508-759-9828
Section 2: General Information
Building Location(for weather data): Hyannis,Massachusetts
Climate Zone: 12a
Heating Degree Days(base 65 degrees F): 5884
Cooling Degree Days(base 65 degrees F): 606
Project Type: New Construction
Vertical Glazing/Wall Area Pct.: 5%
Building Type Floor Area
Hotel 9489
Section 3: Requirements Checklist
M MR -
.: ..:
Climate-Specific Requirements:
Component Name/Description Gross Area Cavity Cont. Proposed Budget
or Perimeter R-Value R-Value U-Factor U-Factor
Roof 1:All-Wood Joist/Rafterrrruss 6460 30.0 0.0 0.035 0.059
Exterior Wall 1:Wood Frame,Any Spacing 12880 19.0 0.0 0.068 0.089
Window 1:Vinyl Frame:Double Pane with Low-E,Clear,SHGC 0.63 293 — — 0.340 0.592
(b)
Window 2:Metal Frame with Thermal Break:Double Pane with 340 — — 0.350 0.592
Low-E,Clear,SHGC 0.63(b)
Door 1:Solid 84 --- — 0.350 0.140
Door 2:Glass,Clear,SHGC 0.87 63 --- --- 0.350 0.592
Floor 1:All-Wood Joist/Truss 5731 19.0 0.0 0.049 0.054
Floor 2:Slab-On-Grade:Unheated,Depth 4 ft.' 142 --- 10.0 — -
(a)Budget U-factors are used for software baseline calculations ONLY,and are not code requirements.
(b)Claimed performance does not exceed defaults in Tables 1301.9.3.1.No manufacturer certification required.
t (c)Certain building use types require continuous under-slab insulation(see Massachusetts Code Section 1304.2.7 and 1304.2.8).
Air Leakage, Component Certification, and Vapor Retarder Requirements:
I] 1. All joints and penetrations are caulked,gasketed,weather-stripped,or otherwise sealed.
2. Windows,doors,and skylights certified as meeting leakage requirements.
3. Component R-values&U-factors labeled as certified.
4. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a
manner that achieves the rated R-value without compressing the insulation.
Cape Codder Resort&Spa Phase 1 Hotel Units Page 1 of 2
7r
5. Vapor retarder installed.
Section 4: Compliance Statement
Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans,specifications
and other calculations submitted with this permit application.The proposed envelope system has been designed to meet the
Massachusetts Commercial Code requirements in COMcheck Version 3.3.1 and to comply with the mandatory requirements in the
Requirements Checklist.
Aar fcp�ap�
Name-Title Signat&i Date
Project Notes:
Hotel Common Area
Cape Codder Resort&Spa Phase 1 Hotel Units Page 2 of 2
1
Permit#
Permit Date
REScheck Software Version 3.7.3
Compliance Certificate
Project Title: Cape Codder Resort & Spa Phase 1 Hotel Units
Report Date:03/12/08
Data filename:Y:\Drawings\2007\Commercial\07034 Cape Codder Resort\3BedroomUnit.rck
Energy Code: Massachusetts Energy Code
Location: Hyannis,Massachusetts
Construction Type: Multifamily
Heating Type: Other(Non-Electric Resistance)
Glazing Area Percentage: 15%
Heating Degree Days: 6137
Construction Site: Owner/Agent: Designer/Contractor:
1225 lyannough Road RESCOM Architectural,Inc.
Hyannis,MA 118 Waterhouse Road
Bourne,MA
508-759-9828
Compl ianm Passes Maximum UA;433 Z��Your Home 0A.298 31'.2%Better Than ..
Kim
Ceiling 1:Flat Ceiling or Scissor Truss: 1527 30.0 0.0 53
Ceiling 2:Cathedral Ceiling(no attic): 179 30.0 0.0 6
Wall 1:Wood Frame, 16"o.c.: 1440 19.0 0.0 71
Window 1:Vinyl Frame:Double Pane with Low-E: 48 0.340 16
Door 1:Solid: 40 0.350 14
Door 2:Glass: 167 0.350 58
Floor 1:All-Wood Joist/Truss:Over Unconditioned Space: 1706 19.0 0.0 80
Compliance Statement:The proposed building design described here is consistent with the building plans,specifications,and other
calculations submitted with the permit application.The proposed building has been designed to meet the Massachusetts Energy
Code requirements in REScheck Version 3.7.3 and to comply with the mandatory requirements listed in the REScheck Inspection
Checklist.The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard
Design Conditions found in the Code.The HVAC equipment selected to heat or cool the building shall be no greater than 125%of
the design load s e ' d in Sections 780CMR 1310 and J4.4.
_aSCo1Ml Id—tit,, �(C. •12
Builder/ s ner Company Name Date
Project Notes:
Typical 3 Bedroom End Unit
Cape Codder Resort&Spa Phase 1 Hotel Units Page 1 of 1
THE COMMONWEALTH OF MASSACHUSETTS W^MEN
W EXECUTIVE OFFICE OF TRANSPORTATION
MASSACHUSETTS AERONAUTICS COMMISSION
o1M She o
COL (RET.) ROBERT E,WELCH, JR.
DEVAL L. PATRICK i
GOVERNOR EXECUTIVE DIReGIOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
BERNARD COHEN
SECRETARY AND CHAIR
March 14, 2008
Gregory Siroonian
Rescom Architectural
P.O. Box 157
Monument Beach, MA 02553
RE: MAC File No 08-HYA-B0045-02, Addition (Cape Codder Resort), Barnstable
MAC File No 08-HYA-B0035-03, Hotel Addtion (Cape Codder), Barnstable
MAC File No 08-HYA-00150-04, Crane (Cape Codder Resort), Barnstable
Dear Mr. Siroonian:
Enclosed is a copy of the final determination by the Massachusetts Aeronautics
Commission (MAC) on your Request for Airspace Review of the above
referenced proposal. The MAC's assistance is offered pursuant to the aviation
law requirements of the Commonwealth.
Please note that although the proposal is not subject to further action required by
MAC laws or regulations, this office may offer additional comments after
considering FAA's determination of its impact to a public use airport or NAVAID
facility through the aeronautical study process.
1
This project does not violate MAC laws or regulations.
If you have any questions, please feel free to contact me at 617-973-8891, or
email me at ioanne.ruddyCD-mac.state.ma.us
Sincerely,
I
Joanne M. Ruddy {
Airport Engineer
TEN ARK PLAZA, Room 3190, BOSTON, MA 02116-3969
Encl ¢H��sW� VA%1 ,FWk'0EFAX: (617) 973-8889 • WWW.MASSAERONAUTICS.ORG
A
to
p For Office Use Only
The Commonwealth of Massachusetts
Airspace ZlysisqW
AERONAUTICS COMMISSION
t` t Comments Received
REQUEST FOR AIRSPACE REVIEW
Airportlo Updated
MAC File No 08-HYA-B0035-03 FAA File No.: (For reference only)
Notice is required by 780 CMR(Code of Massachusetts Regulations)111.7,Hazzards to air navigation.Parsuant to Massachusetts
Genral Law(MGL)Chapter 90,Section 35B,the Massachusetts Aeronautics Commission(MAC)agrees to perform an AIRSPACE
ANALYSIS and render a determination for the project listed below.
IMPORTANT:All shaded areas must be completed.
Sponsor(include name,address, telephone number): Sponsor Representative(same data if applicable):
Last Name Suffix First Name Last Name suffix First Name
Siroonian Gregory Siroonian I Greclory
Company Telephone Company Telephone
Rescom 508 759-9826 Rescom 508 759-9826
Address city State Zip Code Address City stale zip code
P.O. Box 157 Monument Be M 02553- P.O. Box 157 Monument Be M 02553-
Email Email
Proiect Description(please type or print clearly): Location.Height, Elevation Data:
Hotel Addtion(Cape Codder) Nearest City,State: I Barnstable
A new third story and addtion of a new three story building. The Degrees Minutes Seconds
additions are for enw hotel units.Cape Codder Resort. Latitude 1 41° Lid
26"
Longitude L70e 37"
Datum a NAD 83 NAD 27
Site elevation above MSL(ft.): 68 msl
Maximum height above ground(ft): 35 agl
Maximum elevation above MSL(ft): 103 msl
RE(2U1RED Attach 8 1/2 x 11 mch map(e g USES Quad Sheet)show ng locati V protect ;'
Nearest Public-Use Aviation Facility: Barnstable Municipal Airport
Print or type,below,the name of person filing this request for review Signature Date
h t maw a
3/4/2008
***************DO NOT WRITE BELOW THIS LINE-FOR MAC OFFICE USE ONLY**************
MAC's AIRSPACE ANALYSIS concludes the following:
Closest Runway: I S Distance from RW end S,m31 ' Offset from RW CL:4 j
Left Right
Project violates MGL Ch.90,35B by ft. (Runway Horizontal Plane-3,000'x 2 Statute Miles,150'above RW]
Project violates MGL Ch.90,35B by ft. [Runway Horizontal Plane-3,000'x 3,000'@ 20:1 slope]
0 Project violates 702 CMR,5.03(1)(a)by ft. [Runway Horizontal Plane/Land-500'x 10,000'@ 20:1 slope]
Q Project violates 702 CMR,5.03(2)(a)by ft. [Runway Horizontal Plane/Water-500'x 10,000'@ 20:1 slope)
Project does not violate MAC Airspace Laws or Regs.
MAC hereby issues the following DETERMINATION:
Permit is required*pursuant to MGL Ch.90,35B,for: 0 Runway Horizontal Plane 0 Runway Approach Plane
*Sponsor must submit a separate written request for a MAC Airspace Permit.Request should be addressed to
MAC Chief Legal Counsel,Massachusetts Aeronautics Commission, 10 Park Plaza, Room 3510,MA 02116-3966
Permit is not required pursuant to MGL Ch.90, 35B No violations of Laws or Regs. Ch.90 violation=30'agl
MAC had the following additional concerns:
FAA Standards Noise
Traffic Pattern Wildlife
E] VFR Route Other
This determination is based on the foregoing description of the proposed project including the location,height and
elevation data provided bt the Sponsor.Any changes in the data provided to the MAC from that which is shown
herein will r der this determination null and void and will necessitate a new request for review.
gr f Airport Engl eering, Massachusetts Aeronautics Commission Datit
Mac Form E-10 Last revised December 2000 x
Notice Criteria Tool https://oeaaa.faa.gov/oeaaa/extemal/gisTools/gisAction.jsp?action=doN...
r
Notice Criteria Tool
The requirements for filing with the Federal Aviation Administration for proposed structures vary based on a
number of factors:height,proximity to an airport,location,and frequencies emitted from the structure,etc.For
more details,please reference CFR Title 14 Part 77.13.
You must file with the FAA at least 30 days prior to construction if:
your structure will exceed 200ft above ground level
your structure will be in proximity to an airport and will exceed the slope ratio
your structure involves construction of a traverseway(i.e.highway,railroad,waterway etc...)
your structure will emit frequencies,and does not meet the conditions of the FAA Co-location Policy
your structure will be in an instrument approach area and might exceed part 77 Subpart C
your structure will be on an airport or heliport
If you require additional information regarding the filing requirements for your structure,please identify and
contact the appropriate FAA representative using the Air Traffic Areas of Responsibility map.
The tool below will assist in applying the appropriate slope calculations per part 77.13(a)(2)(i)through(iii)
Latitude: 41 _i Deg 40 M 26 5 N
Longitude: 70 Deg 18 M 37 S
Datum: NAD83
d
Site Elevation(SE): 68 (nearest foot)
Structure Height(AGL): 35 (nearest foot)
Results
You do not exceed Notice Criteria.
4
1 of 1 2/21/2008 9:37 AM
Notice Criteria Tool https:Hoeaaa.faa.gov/oeaaa/extemaVgisTools/gisAction.jsp?action=doN...
Notice Criteria Tool
The requirements for filing with the Federal Aviation Administration for proposed structures vary based on a
number of factors:height,proximity to an airport,location,and frequencies emitted from the structure,etc.For
more details,please reference CFR Title 14 Part 77.13.
You must file with the FAA at least 30 days prior to construction if:
your structure will exceed 200ft above ground level
your structure will be in proximity to an airport and will exceed the slope ratio
your structure involves construction of a traverseway(i.e.highway,railroad,waterway etc...)
your structure will emit frequencies,and does not meet the conditions of the FAA Co-location Policy
your structure will be in an instrument approach area and might exceed part 77 Subpart C
your structure will be on an airport or heliport
If you require additional information regarding the filing requirements for your structure,please identify and
contact the appropriate FAA representative using the Air Traffic Areas of Responsibility map.
The tool below will assist in applying the appropriate slope calculations per part 77.13(a)(2)(i)through(iii)
Latitude: 41 Deg 40 M 26 5 FN
Longitude: 70 Deg 18 M 37 S W
Datum: NAD83
Site Elevation(SE): 68 (nearest foot)
Structure Height(AGL): 35 (nearest foot)
Results
You do not exceed Notice Criteria.
I .
1 of 1 2/21/2008 9:37 AM
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Commissioner
1
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Albert J Tonry& Co Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
300 Congress St ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Quincy,MA 02169-0907
COMPANIES AFFORDING INSURANCE
COMPANY A GRANITE STATE INSURANCE COMPANY
INSURED
East Coast Commercial Construction Inc
389 W Center Street Unit G
West Bridgewater,MA 02379-0000
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR
THE 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 POLICIES.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Co
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
. A WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY LIMITS
.THE PROPRIETOR!
PARTNERSIERECUTIVE - -
OFFICERS ARE:
1 MCL o EXCL❑ 1 8267682 1 2/24/2008 1 2/24/2009 STATUTORY LIMITS - -
OTHER
Caretap P4088 to MA Opwafi—0*.
1 IFACHACCIDENT $ 600,0001
bISEASE POLICY LIMIT S 500,0UU
DISEASE-EACH EMPLOYEE $ 500,OW
DESCRIPTION OF OPERATIONSIVEHICLEMPECIAL ITEMS
CERTIFICATE HOLDER CANCELLATION 1
MR GREG SIROONIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10
1225 IYANOUGH RD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
HYAN NIS,MA 02601 FAILURE TO MAIL SUCH NOTICE$HALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. -
AUTHORIZED REPRESENTATIVE
FEB.20'2008 15:56 6177739920 TONRY #4848 P.005/008
MASSACHUSETTS ASSIGNED RISK POOL
REQUEST FOR CERTIFICATE OF INSURANCE
Use this form to request a Certificate of Insurance from the Assigned Risk Pool Carrier(Gran State insurance).
Please provide all of the requested information, including the facsimile number(s) of the person or persons to whom the
Certificate of Insurance should be Issued. If this form is fully and accurately completed, the Certificate of Insurance will be
issued and distributed by facsimile to each fax number provided below,within two(2) business days of the carrier's receipt.
This Form may be mailed or faxed to the Assigned Risk Pool Carrier. To obtain each carrier's contact information refer to the
Certificates of Insurance section located in the Producer Community section of the Bureau's website(www.wcribma.org).
9, Name, address, telephone number and facsimile number of the INSURED:
Name: East-Cogs East-Cogst Commercial Construction, Inc, dba:
Mailing Address: 389 W Center Street Unit G West Bridgewater MA 02379-1623
Physical Address:
Phone: (508)427-6400 Ext. 102 Fax: 508 4 7-6500
2. Name, address,telephone number and facsimile number of the CERTIFICATE HOLDER:
Name: Town of Barnstable Attn: Building Department
Mailing Address: 1170 Phinney s Lane Hyannis MA 02601
Physical Address:
Phone: Fax: Fax Number -
3. Name,address, contact person, telephone number and facsimile number of the PRODUCER:
Name: Albert J.Ton &Co. Inc.
Mailing Address: 300 Congress Street Qulncv MA 02169
Contact Person: Janet G. Trefry
Phone: (617) 773-9 00 _ Fax: 617 773-9920
4. Policy Number, Policy Effective Date and Policy Expiration Date
If a Certificate of Insurance is needed for more than one policy term, provide the Policy Number,
Effective Date and Expiration Date for each policy term.
If the policy has not yet been issued, you must attach a copy of the Notice of Assignment,
Policy Number: WC2245816
Effective Date: 02/24/2007 Expiration Date: 02/24/2008
5. List any special requests for optional coverages/endorsements(see Page 2 for listing of coverages available in the
pool and the conditions of availability)or additional information (including changes in exposure not yet reported to the
carrier)that will assist the carrier in the issuance of the Certificate of Insurance.
NOTE:An additional insured(s)shall not be listed on any Certificate of insurance unless such additional
Insured(s)is a named insured on the policy.
None
i
Apr 22 08 10: 14a RESCOM ARCHITECTURAL INC 15087599802 p. 1
r'r,e PR 2 2 A °: 6
RESCOM TeL (508) 759-9828 Tax: (508) 759-9802
Architectural, Inc. --`� "" `PLO.:Box 15T, Bourne, MA 02553
FAX COVER SHEET
To: Tom Perry
Co: Barnstable Building Department
Fax #: 508-790-6230
From: Gregory B. Siroonian
Date: April 22, 2008
RE: Cape Codder.Resort and Spa
Remarks:
Original to be mailed.
Number of Pages including this cover sheet: 8
If you do not receive a complete transmission,please call(508) 759-9828
Residential& Commercial Architecture
Apr 22 08 10: 14a RESCOM ARCHITECTURAL INC 15087599802 p. 2
RESCOM - ¢� , '�'' Tel(508)759-9828 Fax(508)759-9802
P.O. Box 157 Bourne, MA 02553
Architectural, Inc. n�; � �,�;���
., �
April 21, 2008
Town of Barnstable
Building Department
200 Main Street
Hyannis, MA 02601
A ttn. Tom Perry
Re.- Cape Codder Resort and Spa
1225 lyannough Road
Dear Mr. Perry,
As a follow up to our conversation regarding Handicap Units and the Two Hour Fire
Wall detail at the 600-Building, I submit the following:
1. For Building Type application of 521 CMR Architectural Access Board the
New Units being constructed meet the definition of a Multiple Dwelling:
"A Multiple Dwelling is considered either to be a lodging facility or a residential
facility for hire, rent, Lease, or sale containing three or more dwelling units in
a building".
"A Residential facility is a building or buildings consisting of dwelling units
each which provides complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking
and sanitation."
The applicability is therefore 521 CMR 9.3, Group 1 Dwelling Units of which
we meet the applicable sections.
2. We have revised our drawing ID1.0 showing the location of the 2 hour Fire
Wall separating the 600 Building from the rest of the facility. Based upon
street frontage increase we were able to move the wall to the end of the
building near the new stair. Attached please find the revised copy of
drawing ID1.o and the two hour fire wall detail.
Should you have any q stions or comments, please do not hesitate to contact me.
Thank Yo
Sincerely
Gregory B; iroonian
RESCOM Architectural, Inc.
EncL
.Apr 22 08 10: 14a RESCOM ARCHITECTURAL INC 15087599802 p. 3
FUTURE SPA BUILDING
------ ---,
I
STAIR 1 I
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FUTURE SPA
o I
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600
BUILDING
500
BUILDING
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1" - 30'
Apr 22- 08 10: 14a RESCOM ARCHITECTURAL INC 15087599802 p. 4
FUTURE SPA BUILDING
i
I
I
2 HOUR STAIR 1
SEPARATION I I
FUTURE SPA
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ISEPARATION
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FRONTAGE I SEPARATION GOO
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Apr 22 08 10: 14a RESCOM ARCHITECTURAL INC 15087599802 p. 5
FUTURE SPA BUILDING
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SEPARATION I I
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Apr 22 08 10: 15a RESCOM ARCHITECTURAL INC 15087599802 p. G
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FUTURE SPA BUILDING --- ---------
_S--L_JL_J-- _J
♦ I
MAXIMUM I
2 HOUR STAIR 1 ♦ DIAGONAL
SEPARATION 124'-0" I
♦ I
FUTURE UNITS ` 2 HOURSEPARATION _________
10 ♦ I
MAXIMUM ` ♦`�
DIAGONAL I _ STAIR 3
208'-0"
MAXIMUM
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2 HOUR
SEPARATION 500
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1" = 30'
a
Apr 22 08 10: 15a RESCOM RRCHITECTURRL INC 15087599802 p- 7
SOO BUILDING CODE ANALYSI ANALYSIS
COMMONWEALTH OF MASSACHUSETTS STATE BUILDING CODE COMMONWEALTH OF MASSACHUSETTS STATE BUILDING CODE
(780 CMR, SIXTH EDITION) (780 CMR, SIXTH EDD10N)
USE GROUP CLASSIFICATIONS RESIDENTIAL 0-1 USE CROUP CLASSIFICATIONS RESIDENTIAL R-1
TYPE OF CONSTRUCTION 5A OOMBIJS71BLE PROTECTED TYPE OF CONSTRUCTION 50 COMBUSTIBLE UNPROTECTED
FIRE SUPPRESSION SYSTEM,AN AUTOMATIC FIRE SUPPRESSION FIRE SUPPRESSION SYSTEM,AN AUTOMATIC FIRE SUPPRESSION
SYSTEM SHALL BE PROVIDED THROUGHOUT ALL BUILDINGS OR SYSTEM SHALL BE PROVIDED THROUGHOUT ALL BUILDINGS OR -
SPACES OF USE GROUP R-1. SPACES OF USE GROUP R-1.
500 BUILDING IS SPRINKLEREO 600 BUILDING IS SPRINKLERED
BUILDING LIMITATIONS (TABLE 503)• 3 STORY AND 40 FEET: BUILDING LIMITATIONS,(TABLE 503) 2 STORY AND 35 FEET:
10,200 Sr MAXIMUM 4,800 SF MAXIMUM
HEIGHT MODIFICATIONS HEICHF MODIFICATIONS
WITH AN APPROVED AUTOMATICSPRINKLER SYSTEM HEIGHT WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM HEIGHT
CAN BE INCREASED 1 STORY AND 20 FEET CAN BE INCREASED 1 STORY AND 20 FEET
ADJUSTED HEIGHT LIMITATION 4 STORY AND 60 FEET ADJUSTED HEIGHT LIMITATION 3 STORY AND 55 FEET
AREA MODIFICATIONS AREA MODIFICATIONS
WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM AREA CAN WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM AREA CAN
BE INCREASED 20OX FOR ONE AND TWO STORY BUILDINGS BE INCREASED 200% FOR ONE AND TWO STORY BUILDINGS
AND 100X FOR BUILDINGS MORE THEN TWO STORIES. AND IDOX FOR BUILDINGS MORE THEN TWO STORIES.
ADJUSTED AREA LIMITATION 20,200 SF PER FLOOR ADJUSTED AREA LIMITATION 9,6DO SF
ACTUAL BUILDING HEIGHT: 3 STORY, 33 FEET STREET FRONTAGE INCREASE: PERIMETER - 575'
ACTUAL BUILDING AREA: - 204' FRONTING STREET OR UNOCCUPIED SPACE, 204> 25X
FIRST FLOOR - 11,750 SF 204 x 75Z - IS9'
SECOND FLOOR - 11.543 SF 4.800 SF + 2X FOR EACH 1X
THIRD FLOOR - 12,054 SF 4,800 SF x 2% - 96 SF x 153' - 14,688 SF
FIRERESISTANCE RATINGS OF STRUCTURAL ELBAENTS ACTUAL. BUILDING HEIGHT: 3 STORY, 33 FEET
I EXTERIOR WALLS: LOADBEARING 1 HOUR ACTUAL BUILDING AREA:
2 FIRE WALLS AND PARTY WALLS 2 HOURS. FIRST FLOOR - 12,022 SF -
3 FIRE SEPARATION: FIRE ENCLOSURES OF OUTS 2 HOUR, 0,
SECOND FLOOR - 1222 SF
SWIFTS 2 HOUR, FIRE AREA SEPARATION 2 HOURS, OTHER THIRD FLOOR - 1112 SF
SEPARATION ASSEMBLIES 1 HOUR
4 FIRE PARTITIONS: EXIT CORRIDOR 1011.4 1/2 HOUR, FIRERESISTANCE RATINGS OF STRUCTURAL ELEMENTS
TENANT SEPARATIONS 1 HOUR 1 EXTERIOR WALLS: LOADBEARING O.HOUR
5 DWELLING UNIT SEPARATIONS 1 HOUR 2 FIRE WALLS AND PARTY WALLS 2 HOURS -
6 SMOKE BARRIERS 1 HOUR 3 FIRE SEPARATION: FIRE ENCLOSURES OF EX95 2 HOUR,
7 OTHER NONLOADBFARM PARTITIONS D HOUR SHAFTS 1 HOUR, FIRE AREA SEPARATION 2 HOURS, OTHER
8 INTERIOR LOADBEARING WALLS, COLUMNS, ETC.: MORE THAN SEPARATION ASSEMBLIES 1 HOUR
ONE FLOOR 1 HOUR, ONE FLOOR OR ROOF 1 HOUR 4 FIRE PARTITIONS: EXIT CORRIDOR 1011.4 1/2 HOUR,
9 STRUCTURAL MEMBERS SUPPORTING WALL i HOUR TENANT SEPARATIONS 0 HOUR
10 FLOOR CONSTRUCTION INCLUDING BEAMS 1 HOUR 5 DWELLING UNIT SEPARATIONS 1 HOUR
11 ROOF CONSTRUCTION, BEAMS, ETC. 0 HOUR 6 SMOKE BARRIERS 1 HOUR
.CORRIDOR FlRERESISTAICE RATING WITH APPROVED AUTOMATIC 7 OTHER NONLOADBEARING PARTITIONS 0 HOUR
SPRINKLER SYSTEMS D HOUR 8 INTERIOR LQADBEARING WALLS, COLUMNS, ETC.: MORE THAN
ONE FLOOR 0 HOUR, ONE FLOOR OR ROOF 0 HOUR
EXIT ACCESS PASSAGEWAYS,AISLE ACCESSWAYS, AISLES AND 9 STRUCTURAL MEMBERS SUPPORTING WALL 0 HOUR
CORRIDORS 10 FLOOR CONSTRUCTION INCLUDING BEAMS 0 HOUR
MINIMUM WIDTH REQUIRED 44" WHERE SERVING AN OCCUPANT 11 ROOF CONSTRUCTION, BEAMS, ETC_0 HOUR
LOAD OF GREATER THAN 50 CORRIDOR FIRERESISTANCE RATING WITH APPROVED AUTOMATIC
ALL PUBLIC BUILDINGS SHALL BE DESIGNED TO BE SPRINKLER SYSTEMS 0 HOUR
ACCESSIBLE TO, FUNCTIONAL FOR AND SAFE FOR THE USE BY EXIT ACCESS PASSAGEWAYS.AISLE ACCESSWAYS, AISLES AND
PHYSICALLY HANDICAPPED PERSONS. IN CONFORMANCE WITH CORRIDORS
THE MASSACHUSETTS ARCHITECTURAL ACCESS BOARD'S RULES MINIMUM WIDTH REQUIRED 44'WHERE SERVING AN OCCUPANT
AND REGULATIONS (521 CMR) LOAD OF GREATER THAN 50
REQUIRED INTERIOR FINISH FLAME SPREAD RATING FOR USE ALL PUBLIC BUILDINGS SHALL BE DESIGNED TO BE
GROUP R-1 WITH APPROVED AUTOMATIC SPRINKLER SYSTEM ACCESSIBLE TO, FUNCTIONAL FOR AND SAFE FOR THE USE BY
EXITS AND PASSAGE WAYS CLASS I FLAME SPREAD 0-25 PHYSICALLY HANDICAPPED PERSONS, IN CONFORMANCE WITH
CORRIDORS CLASS 11 FAME SPREAD 26-75 THE MASSACHUSETTS ARCHITECTURAL ACCESS BOARD'S RULES
ROOMS CLASS III FLAME SPREAD 76-200 AND REGULATIONS (521 CMR)
MEANS OF EGRESS REQUIRED INTERIOR FINISH FLAME SPREAD RATING FOR USE
OCR REMOTENESS, WITH AN APPROVED AUTOMATIC SPRINKLER GROUP,R-I WITH APPROVED AUTOMATIC SPRINKLER SYSTEM
SYSTEM THE MINIMUM SEPARATION DISTANCE SHALL BE 1/4 EXITS AND PASSAGE WAYS CLASS II FLAME SPREAD 0-25
DF THE LENGTH OF THE MAXIMUM OVERALL DIAGONAL CORRIDORS CLASS 11 FLAME SPREAD 26-75
DIMENSION ROOMS CLASS III FLAME SPREAD 76-200
ACTUAL MAXIMUM DIAGONAL 184'-0' MEANS OF EGRESS
REQUIRED EXIT SEPARATION 46'-0' EXIT REMOTENESS, WITH APPROVED AUTOMATIC SPRINKLER
ACTUAL EXIT SEPARATION 169'-0' SYSTEM THE MINIMUM SEPARATION DISTANCE SHALL BE 1/4
OF THE LENGTT OF THE MAXIMUM OVERALL DIAGONAL
LENGTH OF EXIT ACCESS TRAVEL DIMESION
WITH APPROVED AUTOMATIC SPRINKLER SYSTEM 250'-0'
ACTUAL MAXIMUM LENGTH 84'-D' ACTUAL MAXIMUM DIACONAL 208'-0'
REQUIRED EXIT SEPARATION 52'-0'
OCCUPANT LOAD ACTUAL EXIT SEPARATION 134'-0'
COMPUTED AS ACTUAL NUMBER OF OCCUPANTS PER AREA
FIRST FLOOR 23 ROOMS O 4 OCCUPANTS= 92 LENGTH DF EXIT ACCESS TRAVEL WITH APPROVED AUTOMATIC
SECOND FLOOR 21 ROOMS O 4 OCCUPANTS a 92 SPRINKLER SYSTEM 250'-D'
THIRD FLOOR 16 BEDROOMS O 2 OCCUPANTS - 32 ACTUAL MAXIMUM LENGTH 2O6--0'
TOTAL OCCUPANT LOAD - 216 OCCUPANT LOAD
'CAPACITY OF EGRESS COMPONENTS - COMPUTED AS ACTUAL NUMBER OF OCCUPANTS PER AREA
EGRESS WIDTH PER OCCUPANT WITH APPROVED AUTOMATIC 'FIRST FLOOR 31 ROOMS OCCUPANTS = 124
SPRINKLER SYSTEM SECOND FLOOR 11 ROOMSS 0 4 OCCUPANTS - 124
THIRD FLOOR 20 BEDROOMS O 2 OCCUPANTS - 40
STAIRWAYS 0.2' PER PERSON
DOORS/RAMPS/CORRIDORS 0.15' PER PERSON - TOTAL OCCUPANT LOAD - 288
ACTUAL DOOR COMPONENT 216 OCCUPANTS x 0.15 - 33' CAPACITY OF EGRESS COMPONENTS '
TOTAL WIDTH EGRESS WIDTH PER OCCUPANT WITH APPROVED AUTOMATIC
EACH 42'WIDE ODOR / 0.15 PER PERSON - 280 SPRINKLER SYSTEM
OCCUPANTS PER DOOR
ACTUAL THREE (3) 42-WIDE DOORS x 280 OCCUPANTS - ACTUAL DOOR COMPONENT 288 OCCUPANTS x 0.15 = 44'
840 MAXIMUM OCCUPANTS - TOTAL WIDTH
ACTUAL OCCUPANT LOAD 216 < 840 MAXIMUM OCCUPANTS EACH 42-WIDE DOOR / 0.15 PER PERSON - 280
OCCUPANTS PER ODOR
ACTUAL STAIR COMPONENT 216 OCCUPANTS x 0.2 = 44' ACTUAL TWO (2) 42-WIDE DOORS x 280 OCCUPANTS - 560
TOTAL WIDTH MAXIMUM OCCUPANTS
EACH 44- WIDE STAIR / 0.2 PER PERSON - 220 OCCUPANTS ACTUAL OCCUPANT LOAD 288 < 560 MAXIMUM OCCUPANTS
PER STAIR
ACTUAL THREE (3) 44-WIDE STAIRS x 220 OCCUPANTS - ACTUAL STAIR COMPONENT 288 OCCUPANTS x 0.2 - 58'
680 MAXIMUM OCCUPANTS TOTAL WIDTH
ACTUAL OCCUPANT LOAD 216 < 600 MAXIMUM OCCUPANTS EACH 44-WIDE STAIR/0.2 PER PERSON - 220 OCCUPANTS
PER STAIR
MINIMUM NUMBER OF EXITS FOR OCCUPANT LOAD ACTUAL (2) 44'WIDE STAIRS x 220 OCCUPANTS - 440
500 OR LESS 2 EXITS REQUIRED MAXIMUM OCCUPANTS
ACTUAL EXITS PROVIDE 3 ACTUAL OCCUPANT LOAD 288 < 440 MAXIMUM OCCUPANTS
MINIMUM NUMBER OF EXITS FOR OCCUPANT LOAD
OR EXITS 2 EXITS REQUIRED
ACTUAL DCffS PROVIDE 2
Apr 22 08 .10: 15a RESCOM ARCHITECTURAL INC 15087599802 p. 8
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Barnstable FD-All Classes $2.04 $6.58
C.O.M.M. -All Classes $1.03 Commei
Cotuit FD -All Classes $1.33 $5.80
Hyannis-Residential $1.53 Persona
Hyannis-Commercial $2.35 $5.80
Hyannis-Personal $2.35 Other R;
W Barnstable-Residential $1.86 Commur
W Barnstable-Commercial $1.86
W Barnstable-Personal $1.86
Property Sketch Legend
Property Sketch & ASBUILT
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splayp,arcei08nnap.asp?maRpar=2911... 7/24/2008
DAVID WILSON
Commercial Construction Project Manager
389-G West Center Street
West Bridgewater,MA 02379
Tel:508.427.6400 Ext.101
dwilson@eastcoastcommercialconstruction.com Fax:508.427.6600
' www.eastcoastcommercialconstruction.com Cell:508-328.7126
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Town of Barnstable
Building Department - 200 Main Street
BARNSTABLE. * Hyannis, MA 02601
6 & ,� (508) 862-4038
QED MA'i A
Certificate of Occupancy
Application Number: 200802290 CO Number: 20080241
Parcel ID: 273023 CO Issue Date: 01/15109
Location: 1225 IYANNOUGH ROADIROUTE132 Zoning Classification: SPLIT ZONING
Proposed Use: MOTELS
Village: HYANNIS
Gen Contractor: EAST COAST PROPERTIIES, INC. Permit Type: SC00
CERT OF OCC SPECIAL PROJ. CM
Comments: FOR THIRD FLOOR 500 & 600 BUILDING
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" Building Department Signature Date Signed
�tt1ETp TOWN OF BARNSTABLE Building
Application Ref: 200802290 .1 Issue Date: Permit
BARNSTASLE
9 MASS
dip i639• �� Applicant: EAST COAST PROPERTIIES,INC. Permit Number: B 20080946
ArFO MA'l
Proposed Use: MOTELS Expiration Date:. 11/05/08
[Location 1225 IYANNOUGH ROAD/R0UT3g District SPLTPermit Type: SPECIAL PROJECT NEW COMMERCIAL
Map Parcel 273023 Permit Fee$ 24,300.00 Contractor EAST COAST PROPERTIIES,INC.
Village HYANNIS App Fee$ .00 License Num 043997
Est Construction Cost S 3,000,000
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
ADD OF THIRD FLOOR UNITS 500 AND 600 BUILDINGS- THIS CARD MUST BE KEPT POSTED UNTIL FINAL
SEE 200801342 FOR APPLICATION FEES AND APPROVALS INSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: HEARTH 'N KETTLE PROPERTIES LP BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 141 FALMOUTH RD INSPECTION HAS BEEN MADE.
HYANNIS,MA 02601
Application Entered by: DB Building Permit Issued By:
THIS PERMIT CONVEYS.NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PARTTHEREOF,EITHER TEMPORARILY OR PERMANENTLY.
ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.
STREET OR ALLY GRADES AS WELL.AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.
'THE ISSUA NICE OF THIS PERMIT DOES NOT-RELEASE,THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK:
1.FOUNDATION OR FOOTINGS.
2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED.
3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAM_ E INSPECTION.
4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).
5.INSULATION.
6.FINAL INSPECTION BEFORE OCCUPANCY.
WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS.
WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION.
PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF
DATE THE PERMIT IS ISSUED AS NOTED ABOVE.
PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A).
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Permit
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QpA .i639. �� Applicant: EAST COAST PROPERTIIES,INC.
rFD MA't A Permit Number: B 20080946
Proposed Use: MOTELS " Expiration Date 11/05/08.
[Location 1225 IYANNOUGH ROAD/ROUTFA3i2g District SPLTPermit Type: SPECIAL PROJECT NEW COMMERCIAL
Map Parcel 273023 Permit Fee$ 24,300.00 Contractor EAST COAST PROPERTIIES,INC.
Village -HYANNIS App Fee$ 00 License Num. 043997
Est Construction Cost$ 3,000,000
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
ADD OF THIRD FLOOR UNITS 500 AND 600 BUILDINGS - SHELL ONLY THIS CARD MUST BE KEPT POSTED UNTIL FINAL
I SEE 200801342 FOR APPLICATION FEES AND APPROVALS INSPECTION HAS BEEN MADE. WHERE A
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CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: HEARTH 'N KETTLE PROPERTIES LP BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 141 FALMOUTH RD INSPECTION;HAS BEE ADE
HYANNIS, MA 02601
Application Entered by: DB Building Permit Issued By: - -
THIS PERM11 CONVEYS NO RIGHT TO OCCUPY ANY:STREET',ALLY'OR SIDEWALK OR ANY PART THEREOF,'EITHER TEMPORA Y OR PERMANENTLY.
ENCROACHEMENTS ON PUBLIC PROPERTY`NOT SPECIFICALLY PERMITTED,UNDER THE BUILDING CODE;MWTBE APPROVE BY THE JURISDICTION:
STREET OR GRADES`A.S WELL AS•DEPTH AND LOCATION OF PUBLIC SEWERS IytAY BE OBTAINED FROM.THEDEPARTNIENT OF PUBLIOWORKS �:
THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTTTRUCTION WORK:
1.FOUNDATION OR FOOTINGS.
2.ALL FIREPLACES MUST BE.INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED.
3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION.
4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). .
5.INSULATION.
6.FINAL INSPECTION BEFORE OCCUPANCY.
WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS.
WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION.
PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF
DATE THE PERMIT IS ISSUED AS NOTED ABOVE.
PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A).
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS- ELECTRICAL INSPECTION APPROVALS
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Location: 12251YANN000H ROADIROUTE132 Zoning Cla ssificalJv—, S)PIL.II' .'D1411N
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Owner: HEARTH 'N KETTLE PROPERTIES LP Prono.'aed Us y: M13TL I:.,
141 FALMOUTH RD
HYANNIS, MA 02601 vikine-, 1�1�r't�Ih9�i' e
Gen Contractor: EAST COAST PROPERTIIES, INC. Pr itiii: Trgiie.: c"!'C11
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9 MASS.
�oA .1639: bit Applicant: EAST COAST PROPERTIIES, INC. Permit Number: B 20080946
rFD MAC
Proposed Use: MOTELS Expiration Date: 11/05/08
Location 1225 IYANNOUGH ROAD/ROUTFA-312g District SPLTPermit Type: SPECIAL PROJECT NEW COMMERCIAL
Map Parcel 273023 Permit Fee$ 24,300.00 Contractor EAST COAST PROP.ERTIIES,INC.
Village HYANNIS App Fee$ .00 License Num. 043997
Est Construction Cost$ 3,000,000
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
ADD OF THIRD FLOOR UNITS 500 AND 600 BUILDINGS - SHELL ON Y THIS CARD MUST BE KEPT POSTED UNTIL FINAL
I SEE 200801342 FOR APPLICATION FEES AND APPROVALS INSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH.
Owner on Record: HEARTH 'N KETTLE PROPERTIES LP BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 141 FALMOUTH RD INSPECTION HAS BEE - ADE
HYANNIS, MA 02601
Application Entered by: DB Building Permit Issued By: , - L",
THIS PERMIT CONVEYS:NO RIGHT TO OCCUY,PANY:STREET`ALLY'OR'SIDEWALK'OR ANY°PART THERLOF,'EITHER TEMPORA Y OR PERMANENTLY.
ENCROACHEMENTS ON PUBLIC PROPERTYi' T SPECIFICALLY PERMITTED UNDER THE BUILDING CODE;MUST BE APPROVE BY:THE JURISDICTION:
STREET OR ALLY.GRADESAS WELL.AS,DEPTH AND_LOCATION OF.PUBLIC.SEWERSMAY BG OBTAINED FROTvt THE DEPARTMENT OI';PUBLICWORKS ':
THE ISSUANC F,;THIS PERMIT DOES OvHCONO A R F ANY APCABLE.: UBDIVISION RESTRICTIONS
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK:
1.FOUNDATION OR FOOTINGS.
1 ALL FIREPLACES MUST BE.INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED.
3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION.
4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).
5. INSULATION.'
6.FINAL INSPECTION BEFORE OCCUPANCY.
WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS.
WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION.
PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF .
DATE THE PERMIT IS ISSUED AS NOTED ABOVE.
PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A).
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Building Department - 200 Main Street
tBARNST
ABLE, * Hyannis, MA 02601
MASS. (508) 862-4038
Certificate of Occupancy
Temporary
Application 200802290 CO Number: 200800016
Parcel ID: 273023 CO Issue Date: 12/29/08
Location: 1225 IYANNOUGH ROADIROUTE132 Zoning Classification: SPLIT ZONING
Owner: HEARTH 'N KETTLE PROPERTIES LP Proposed Use: MOTELS
141 FALMOUTH RD
HYANNIS, MA 02601 Village: HYANNIS
Gen Contractor: EAST COAST PROPERTIIES, INC. Permit Type: CTC2
2ND COMM TEMPORARY CO
Comments: FOR 3RD FLOOR - 600 BLOCK TO EXPIRE 2/1912009
2 0 02/19/09
Building Department Signature Date Signed Expiration Date
*a4d 77?5-S
PROJECT ��nG 2—00� �IUUv•
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PERMIT DATE:
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LARGE ROLLED PLANS ARE IN:
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