HomeMy WebLinkAbout1225 IYANNOUGH ROAD/RTE132 (15) �9a5- -r��hY,
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MAIN OFFICE
840 Main Street
PEX
Acton, MA 01720-5804
(800)343-0567
Lumber Company FAX(978)263-9806
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489 Sullivan Avenue 10524 Doswell Road Station Street
So.Windsor, CT 06074 Doswell, VA 23047 Englishtown, NJ 07726
(800)243-2198 (800)782-4528 (800)631-2108
FAX(860)289-7138 FAX(804)876-3363 FAX(732)446-5036
Web Site:www.rexlumber.com
WHOLESALE LUMBER-CUSTOM MILLWORK-MOULDINGS-CYPRESS& YELLOW PINE
FOREIGN&DOMESTIC HARDWOOD-EASTERN& WESTERN PINES
Town of Barnstable Geographic Information System August 9, 2016
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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 of Owner:HEARTH'N KETTLE PROPERTIES Total Assessed Value:$16157300 Selected Parcel
1"=100'may not meet established map accuracy standards. The parcel lines on this map
are only graphic representations of Assessor's tax parcels. They are not true property co-Owner: Acreage:12.54 acres Abutters 'E
boundaries and do not represent accurate relationships to physical features on the map Location:1225 IYAN NOUGH ROAD/RTE132 !firZ"
such as building locations. Buffer ?�ft -
Aerial Photos Taken April 19,2008
Roma, Paul
From: Swiniarski, Ellen
Sent: Thursday,August 04, 2016 1:25 PM
To: Roma, Paul
Subject: Cape Codder Contact
Dear Paul, '
I spoke with the Cape Codder General Manager,John Bercume, 508-771-3000 ext 701 and explained that the Town has
concerns that all of the permitting(DRI Exemption, SPR,SP)for the expansion and enclosure of the atrium/swimming
area, including the water park, was reviewed and approved as an accessory use to the hotel (for hotel guests only). I
explained-that in order for the water park to be open to the general public as they are presently advertising on the
website, further review and permitting would be required, beginning with site plan review. I believe that Mr. Bercume
intends to contact the owner, Bill Catania. He also asked for your contact information. Mike Ford could not recall the
details of the hotel expansion permitting and said it would require research. He said that he will wait to hear from the
client but was very pleased to have a heads up.
Best,
Ellen S.
Ellen M. Swiniarski
Site Plan Review Coordinator
Town of Barnstable, MA
508-862-4679
1
I
OF BAR
CAPE COD COMMISSION
.An 3225 MAIN STREET
,r ,r P.O. BOX 226
BARNSTABLE, MA02630
CI-iU`'Q� FAX(508)362 31136
_ E-mail:frontdeskQcapecodcommission.org
PRELIMINARY CERTIFICATE OF COMPLIANCE
Date: November 17,2008
Applicant: Cape Codder Resort
1225 Iyannough Road
Hyannis,MA 02601
FROM: Cape Cod Commission
RE: Cape Codder Resort Expansion Development of Regional Impact
Exemption EX07019 Preliminary Certificate of Compliance
I hereby certify that the Cape Codder Resort,applicant on the above referenced project,has
constructed the first phase of the Cape Codder Resort expansion in accordance with the plans
filed with the DRI Exemption application,and it is consistent with the findings of the decision
(Cape Codder Resort Expansion EX07019). j
With regard to the requirements set forth by the decision of the Cape Cod Commission,the Town
of Barnstable Building Commissioner is.hereby authorized to issue Certificates of Occupancy for
the first and second phases of construction. Prior to issuance of a temporary or final Certificate
of Occupancy for the last phase of construction,the applicant is required to obtain a Final
Certific o c om the Commission.
ll�ik`e�'
Pa ' zwie ' ecuavct Date
ONWEALTH OF MASSACHUSETTS
Barnstable,ss -,2008
Before me,the undersigned notary public,personally appeared in his
capacity as Executive Director of the Cape Cod Commission,whose name is signed on the
preceding document,and such person acknowledged to me that he signed such document
voluntarily for its stated purpose. The identity of such person was proved to me through
satisfactory evidence of identification,which was [J photographic identification with signature
issued by a federal or state governmental agency, [I oath or affirmation of a credible witness,or .
L]personal knowledge of the undersigned.
Notaiy Public
My Commission Expires:
C
C
�ec�t C�� ,
r
/tool A4CAPE COD COMMISSION
Ia �' 3225 MAIN STREET
P:.0-WX 226
` y BARN$TABL'E, MA02630
7y s 44 (508)362-3828
FAX(508)362-3136
E-mail`frontdesk@capecodcommiss ion.org
TO Town of Barnstable Town Clerk,Building.lnspector, Town PIanner
Planning Board, Conservation Commission,;Board.of Appeals,Board of
-ieal;th, DRI I;aiaisoia, and:C1 of Police
i
FROM::: Gait P: Hanley;Clerk of the Commission
SUBJECT.':' The Cape Codder.Resort Expansion
Development of Regional Impact Exemption Decision
DA`IT: January 11.,.2008
Enclosed please find a copy of the Cape Codder Resort Expansion Development of
Regional Impact Exemption Dec�sion`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.
.�or 4 CAPE COD COMMISSION
w 3225 MAIN STREET
* P.O. BOX 226:
BARNSTABLE, MA 02630
✓ s�C,t3U`' S (508)362-3828
FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
DATE- January:I0 2008
TO: M chael D Ford,Es.q.
P.O.Box 495
West Iiarwich,.MA 0261.1
FROM: Cape Cod Commission
RE: Development of Regional Impact Exemption Request
Section 12(k)ofih,e Cape Cod Commission Act
APPL.ICAN`: Cane Codder Resort
c/o Michael D Ford, Lso.
PROJECT 11: EX0701<9:
PROJFC T: The Capc;Coddcr:R6ort Ekoapsion
1225 Iyannough Road
Hyannis,MA t?2601
1300K/I'A(;1- 15617/3.38;Certificate of`Title 1116022$
I)ECISTON'OF T.11 , CAPE COD.COMNTTSSTON
SUMMARY
The Cape Coil Conrmission (C:onimission)hereby g;rants the Dcve.lonme rlt>of Redional
linpact(DR)).a,xernpti0n request of'the Cape C;oddet Resort ("Applicant'');for thapropi setI
expansion:to the Cape C'odd.er Resort located at 1225 Iyani1011gh Road in Ilyannis;.pursuaii:t
to section 12(k)of zhe(;ape C.od Commission Act(:Act), c.716 of the Acts of 1989, as
anAnide d tnd �ectign I of the Lnahling Regialauons ( overn'ins; Review o `I)euelc pm fits:of
Ker�icitallmltct, }3arntiiat>Ie (:.cxrnty Ordinaiace 90 1? is anendeci: '(Iris d:ccisic)ti is rendered
pursuant to ti,vtrte�oC'f'hc Coann�issitrn on Janu iry 1:f1�, 20O7.
TfTOJ I:C;'I`I)f;SC:.R I P"I'IO-N
The Applicant prohosles an e:xpansioi�of the Cape C Ueldet Resort located on a1 � t acre_tiiCe
on lym"nou h Ro.ld(.Route 1 12) in`l yannis The property is bot-d'e.red by Route 1:32 to the
north" 13L".11se s W!iy to the eist. the Barnstable ixaliCC stafi0i) to the %vest, and residemial:
c+ever( ,n;�ew tt, the �olrth.`l-t'rC site.is locciteei �60)i.n'the l:3ush s.s, i I ti r.'1+�4ay 11ti int`,ti
( ;+lac i:.'?cic)er Kesc rt t:.�1�:n5un,l.kt)7tticj
Decision
.iajwan 10,2008
i
toning districts and inside a Regional Commercial Center'under the Barnstable Local
t
Comprehensive Plan...
The Cape C;odder currently consists of a 2,15,000;s.f hotel building with 258 licensed:un ts.
The,property also contains a spa,swimMing pool;tennis court,restaurant,several function
rooms,and site parking. Theproposed expansion would add 24,000 s.f.(a 6,000 s.f
footprint)to the southeast ofthe,main building where the spa.(currently 5,045 sf)will be
relocated. In addition, 15 new hotel units>(nme 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 proposai.also includes enclosure;ofthe 19,000 s f.
atrium/swimming pool area.
PROCEDURA AIISTORY
The:Applicant submitted a'DR1 Exeinption;app1- tion an November 9,.2007.'Ifie
Commissio.n..received a mandatory DRl referral from.the town of Barnstable on October 15,
2007'.1 he llR1 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;authori'zed
subcommittee of the Commission on Decernber 12,2007 at the$zirnstable 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,MOT ,
At the'December 12,2007 subcommittee.meeting;the subcommittee recotnmended
unanimous fy'that the project be granted a I)RI Exemption. A final public hearing was held
before the full Commission on January 10,2008 where the Commission voted unanimously
to grant thel)RI Exernmion..
Materials submitted for th�e_record
l'rctm th PJicant Date r.'ec6v,d
• Dki.Exemption application October 1,200:7
• 1'raffic study;revised plans,.hazardous rnateriak inventory;
partial filing fee November. 2007
• Abutters Iist,:;remaitiiler of filing f.'ee November 13,2007
• Lighting:plan and letterfrom E;.Siroonian.re:exterior lighting November 28,2007`
• Revised Hazardous'materials inventory December 5,2007
• Stormwaterfacility operations&management plan December 7,2,007
f ri�m,C cc >Sod C ommcgion.- Date sent
Letter to M. Ford re: incomplete Application October 12,.10.07
Letter to M. For(] re: receipt of DRI referral Uctober 19,2007
l-,mail to lt. ('aruiia<re: additional into rmation November 8,2007
Letter to M.Ford appiicat.ion complete November 1:5,200.7
• S"all`report Dccembet 6,2007
l ruha Sft�tc ittlel I uc c11' 1EJtc eu s;. Dote rec o'W'f:.
--- 1)a .ferr,tl October 19 2007
Cape Coddcr.Resort I'.Xf,i tmiorv'l X07t)I 9
1kcision
January 1Oj,2008
From the Public;
• No submittals
The,,application and'notices of public hear rigs relative thereto,the C;onimission.staff s notes,
exhibits and correspondence,the transcript and minutes•of'meetings and hearings and all
written submissions received in the:course of our proceedings are incorporated into the record
by reference.
LES"T'IMONY
A publ ie hearing was held.on December 12,2007.at the Barnstable Superior Courthouse, }
Attorney.Michael Ford,representing the Applicant; introduced the proposed project to the
subcommittee and discussed why he.bdieves`ahle project qualifies for a DRl exemption.He
said the project would have no significant or regional impacts Tie explained thatthe.
applicant further reduced the amount of hazardous materials on site(by decreasing the pool
chemicals and the:oil based paint)to be under the KPP 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 staffbeheves 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 conce.m about noise from the swimming pool. Mr.
Ford and Mr.Catania said that the.new pool is on the other side of the site from:her property
and;that the other:pool area will be covered by a retractable roof. lets. 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,question's concerning the°h.azardous materials inventory,the
starmwater management plan,the vegetated,buffer at the:rear of the site. `I'hcy voted
unanimously to recommend'approval of DRI Exemption,request.
JURISDICCTION
The project qualifies as a.DR1 under Section 3(c)of the DIU 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'Comm'ission has considered the application ofthe Cape Codder Resort for a DRI
Exemption for the;proposed Cape.Codder Resort expansion. Based upon its consideration of
such,applicxtion aiid information presented at the public hearing and submitted forthe record;
the Commission makes the following Findings pursuant to Section 12(k)of the Act:
Cap (odder Resoiil E,xpan�nin'.l Yt}%,01?).
• t)R.t•is,i�kii� - I
Jape.,;,ry 10,2008
General.
l. '['he project literally as a DRI under Section 3(e)of the DRI Enabling
Regulations,Banhstable:CountyO.rdinance 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:
62. The project consists of an expansion'to the Cape Gadder Resort an Route 132ii:n
Hyannis: The Cape Codder currently consists of,A 215,000 sf hotel building,
with 258 licensed units. The 12.5 acre property also contains a spa,swtrnming
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
end of the main building where.fhe spa(currently 5,045 s
addition, 15 new hotel units( .f.)will be relocated: In
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. the
19,000 s.f. atrium/swimming pool area. The site is located with the Business
and Highway Business zoning'districtsand 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 signif cant: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 .nabling
liegztlations(as arn'ended)..
65. The Applicant has met its burden to show that the project should`be exempt'from
DRI review.
Water Resources
WR The project is located a;in number oCsrgnificant water resource areas as
classifed by the.RpP,:including anI nparred Water.QualityArea. The project.
site is classified as a'Water Qualitylinprovement.Area(as defined by MPS
2.1.1.2 ).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:yuality
in these areas.i:s a4bajor goal of the,t,i'P..
WR2. l'lhc:existing development on the project site is currently connected to sewer.
New.sanitary.-wastewater flews from the praposed,additional development will.
also he treated at the;municipal wastewater treatrn<ait facility. The Applicant
Cafie C odder[2esori i'xpansirni/F 07019
I keision
Jantiary 114 2MB
Page 4
explained at the December 12,'2007 public'hearing that a wastewater leachfeld
on the:site.discharges wastewater from the e.xktingswimming,and spa facilities
to groundwater and will continue to be used to discharge wastewater from the
existing swimmi:ng/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-'riot addition of nitrogen to groundwater
and a nitrogen-l..oading concentration in groundwater of less than l.5 ppm-N
across the entire site. The project meets the 5-ppm.nitrogen loading limit
applicable to DRIB in WHPAs. Nitrogen from increased impervious areas will be
reduced:by vegetation incorporated.into proposed stortnwater facilities,as
detailed on the Stormwater Managementplarr"dated September2007.
WRd. The Applicant provided a hazardous materials inventory for both the existing and.
proposed development that indicates.a net reduction in the hazardous material's to
be stored at the site.Chemicals currently used to disinfect and adjust the pool/spa
water pH level"s 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:;
1504b decrease in bromine biocide(pool chemical);.
75-gallon increase in chlorine biocide(pool chemical),
20=gallon decrease.in muriatie acid(hydrochloric acid;pool chemical),
45-gallon decrease.in bleach(laundry), and
30-gallon decrease.in oil-based paint:
WR5,.. GNen,the proposed project's wastewater treatment;stormwater management
improvements,,and reduction in hazardous materials on-site,the project will not
result in an y:significa,nf.irnpacts to regional water resources:
Natural Resources/.Ugen;Simre
NR L. The project siteJ located within a public wellhead protection area(Zone ll);.and
"therefore is mapped,as'a Significant Natural kesou.rees 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 attire project site, the proposed
expansion of the Cape:Codder would not have any significant impacts or
environmental effects to natural resources.of regional:isignifcance.
Trans oitation
I'he hotel currently has{arid will retain)two(2) fuil access driveways:a main
driveway on Bearsc's.Way and.a secondary driveway on Route 132. Route l32
Crape C odder tttsort F.xpamion/I;XO70iy
Decision
January 10,2008,
Page 5.
is a regional road as defined in the RPP 'fhe:Route 132 driveway is within the
linsits..of'the MassHighway project currently underway along.the,.roadway.
`I'2., The applicant's transportation engineer calculated the;expected`trip prierationi f
this project based on irifonnation contained in the institute of'l'ransportatioii
Engineers Trip Generation manuat7 h Edition.Table 1 shows the net increase'in
vehicle trips from the existing use`. The increase is not significant.,
Table 172i Generation Estimates/Increase)+rom Current Vs�.,e ,. .
Time Period Vehicle Trips
Avera e Daily Traffic. 142:
Morning Peak Hour 6
Aftemoon Peak Hour 8, -
Based an ITE"Trip;generation manuali 7 Edition,'LUC 310(Hotel)and>LUC 3'20
The RPP standard offeview for.safety.impacts<is 25 or more. peak hour. ips
through a high crash location. As shown in Table 1,the proposed project is not
expected'to generate more tfian 25 new peak;hour trt.ps;therefore no:Tegional
intersection would be impacted by 25 or more new peak hour trips:
Tel. The Cape.Codder currently provides`the following employee trip reduction
strategies:,
A shuttle bus for employees;
Bicycle racks on site
A seasonal-01dc�Bamstable trolley'stop.
Prop osed`future trip reduction measures include:
A.guest shuttle to.area beaches and location attractions;
Planning for a future bicycle path along Route 132..
No sign'ificant.new traffic would,be added toahe roadway system during the
morning and afternoon peak hours,as a:result,afthe proposed pro�eet;As such,
the proposed project is:not.eYpected tot ave any significant impacts;cin regional
transportation resources.
Community Character
CC;.1. The proposed'Cape Codder expansion consists of the enclosure of the atrium,
comtnli t'ion:of a bew spa area in the southeast portion of the main building,and
adding'I5 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;port ion of the addition is the in-fill and enclosure of the existing atrium:
area,and except for the rooni'ne, will not be:visibie frorn'the roadways. . The
building layout.and configuration of the site will help screen views of the
additional residential units and the spa'areafrom adjacent.roadway,
(IM'der Roort FxpansioiVEX0701'9
1lcsion .
't e 6
CM The new parkingarea at the southeast edge of the site will extend approximately
3.0 feet:,southward into the existing 70 faint 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 ihe: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 Comtnission's.exterior lighting technical bulletin. Given
the limited number of fixtures in'questioi►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 ofthe.additional building space,
and.the site location,the proposed project does not present 8ignifieant: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 it 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 granivthe Applicant a DRI Exemption from the terms and
provisions of.the Act,'pursuant to Section 12(k)of the Ac.t for the proposed expansion to the
Cape Codder Resort,located at 1225 Iyannough Road'in Hyannis.
ble T°tle
no ,fad �a rl tfic of 0 cy om�� 5"1. arcs
ssi-,
Applicant rr� t eeete aCrtt rtatcof�° anee roxf ape Co C mts�sron. This
provrstontsnecessary to ensure=ttiathe pro�>~ccfi fior� hteh tla� ppltcant°received-an
exempio�n rs:constrvcted according'to theproposc°d plans filed with the DRI Exemption
application and is consistent with the.,findings of this decision. The.Applicant shal'I provide.a
minimum often(10):business days notice of the intent to seek a Certificate of Compliance; it
\ will.be issued upon'.complction of a compliance inspection by Cornrnission staff.
ape"(,'(-I(ICT Resort Expansion./E.NO t):I9
Decision
Jarwary'10,2008
I'ai�c 7
This DRl Exemption decision shall`be strictly Ocotrued,.and is valid focthree years from the
date of issuance.
Robcrt'.Tones, Chi ape Lod Gommissaon
mate:
commONwF, a'Cl-I OF MAS.SACHUSEI TS
Barnstable,ss 2008.
Before me;the undersigned notary:public,:personally appeared' `�"e;c ;in his.
capacity as Ghair of the Cape Cod Comat�ission,whose name is signed on the preceding
document, and such person acknowledged o.me that he/she signed such document
voluntarily for its stated purpose. The identity of such person was proved tome through
satisfactory evidence of identification,.which was [ photographic identification with
signature issued by a fVeral or state governmental agency, U oath or affirmation of a
credible witness,or: rsonal knowledge of the undersigned.
Notary Public
My Commission Expires:
cx[j, Gi 5nrl 1~:alr nisi tt7f �(()"!(il')
11r�f i t i�;c tiu�r
RAR INS TA M. E.
C'
: BARN� :
MAS3 p
Town of` Barnstable
Zoning'Board of Appeals
Decision and Notice
Special Permit 2068=014-Cape Codder Resort
Section 240-25.C'-Conditional Use.Motel
for hotel use in the Highway Business Zoning District,
Summary: Granted with Conditions
Petitioner: Cape CodderR.esort
Property Address: 1225 Iyannough 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 'nKettle 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 applicant is 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 proposedon 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.), is to.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, except'for 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 permit.
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 collectionof surface run-off.
The expansion exceeds the Cape Cod'-Comrriission's 10,000 square foot threshold as a Development
of Regional Impact. The applicant was granted an exemption for the Commission's review on'January
10, 2008. That exemption was based.upon the location and nature of the proposal having little or no
FILL VVr
f Town of Barnstable-Zoning Board of Appeals-Decision and Notice,
Special Permit-Conditional Use-2008-014—Cape Coddee Resort
significant impacts on the resources 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 a site approval letter with conditions was issued'February 11,:2008.
Zoning& Development History:
In 1971, at the time the hotel was proposed,the property was a single lot consisting of 1134 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-l-Zoning District as it existed in.1971 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-uniIt 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.Business.B Zoning:District, therefore, permitted as-of-
right.
In 1983/84;the first 300feet ofthe lotwas 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 granted to that area of the hotel rlocated 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 usesJn 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 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 originalhotel lot.located.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 B Zoning District.
In 2002, a 1.2 acreaot was transferred from the abutting property owned by the Town of Barnstable.
and added to the motel lotincreasing parcel.122 to that of a 12.54 acre lot. In 2005,the 1.2 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 fora Special Permit pursuant to Section,240-93.8, Nonconforming-
Buildings.or Structures Not Used as Single-or Two-family Dwellings. This relief is being
sought to expand he;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 nonconformance in lot coverage by impervious materials.from`56.4%.to 61.9%
• In the al tern ativeao the above reIief for the third floor, Appeal 2008-013 seeks a variance to
Section 240-21.E Bulk Regulation, IvMaximum Building Height to permit a third floor over two,
of the existing buildings.as well as on the proposed new structure where,twostories-is the
maximum allowed..
• Approximately 3:5 feet of thel,pro.posedthird=story, with added,units extends into the Highway
Business District Appeal 2008-014 seeks a,Cortditional Use Special Permit pursuant to
Section 240-25C(.1) for that area of the expansion being in the Highway Business Zoning
District, or in the alternative, a Special Permit pursuant-to Section 240-94 for the expansion of
a nonconforming;use.
• Appeal 2008-015'is.seeking'a use varianceto 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'2008-014 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 exP ansim of.the
use in thatdistrict'by the proposed Aird floor`35 foot intrusion into the district.
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:MG.L Chapter 40A; The hearing was opened February-
13, 2008,1at 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
Geiler,JohnJ. Norman, and Chairman -Gail.C. Nightingale.
Attorney Michael D. Ford represented'the applicant.and introduced.Wiltiam Catania of,the Catania k
Hospitality Group, owner of themotel 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 -
' I
i Town of Barnstable-Zoning Board of Appeals-Decision and Notice
;y Special permit-Conditional Use-2006-014—Cape Codder Resort
With respect to this appeal, Attorney Ford noted that it is only needed because some 35 feet of the
proposed expansion of the building sits 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,6r to 8 vehicles;per peaki 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,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:
Findings of Fact:
At the hearing of February 13,;2008, the Board unanimously made the;fol[owing findings of fact:
1. Appeal 2008-014 seeks a Conditional Use Special 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 .32), 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 r, indoo
pool, tennis court,.and associated landscaping.
4. The applicant seeks to alter,and expand the existing motel by adding 24,000 square feet: (a 6,000
s.f footprint) to the southeast of the main building where the spa will be relocated; in addition, 15
new hotel un"its(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 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
a Town of Barnstable-Zoning Board of Appeals Decision and Notice
a
Special Permit-Conditional Use-2008-014—.Cape Codder Resort
existing footprint of the buildings as'welI 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 impact of impervious coverage.
6. This property and its developmenthad 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, registeredwith the Land Court as;Document#362949-1, allowed a 95-
foot front yard setback from Route-1 32 where 100 feet is required. The appeal also approved a
one-story addition to the existing building 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 Jot area)„261
total units,and 350 total parking spaces referenced in the decision.
8. Cape Cod Commission's 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 valuesand purposes outside the
Town of Barnstable.
9. The building will be on public sewer and will not have an adverse affect on public health.
10. 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.
11. Expansion is needed to keep this property vital and competitive with other resorts in.the area. The
additional rooms in 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 arkin as shown on the Ian will improve the a earance of the roe to
p g parking, p P pP property rty
passersby on Route 132 and toother businesses and residences in the neighborhood.
13. 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 hied 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
ranted as the ro`osed expansion will not adversely affect the.public health,
g p P p Y Y. p safety,,
welfare, comfort or convenience of the community.
5
{ Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional User 2008-014-Cape Codder Resort
Decision:
Based on the findings of fact,,a motion was duly made and seconded to grant Appeal 2008-014 fora
Conditional Use Special Permit pursuant to'Section 240-25.0 to allow moteluse 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)
• I
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 10/1.2/07—Al (Rescom Architectural, Inc.) -
■- Proposed Second Floor.Plan dated..10/12/07_A2; (Rescom Architectural, Inc.)`. a
■ Proposed Third Floor Plan dated 10/12/07-A3 (Rescom.Architectural; Inc.)
Proposed Unit Plans dated 09/24/0.7—,A4 (Rescom Architectural, lnc.)
■ 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 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.
4. AlLon-site storage trailers shall be removed prior to the issuance of any.occupancy;permit., 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 required4o 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 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 landscaping including gifting-an 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 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"S.ettlers...lane(Map 273 Parcel 122), if
granted a use variance, shall only be,used.for.accessory,for;park ing, drainage, and 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 another 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
7
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional Use-2008-014—Cape CodderResort
Ordered:
Conditional Use Special Permit 2008-0.14 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'record ing: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 MCL 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.
G D
Jai. CNightin le-C rman 'Da Si ned
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 no appeal of the decision has been filed in'the'office of the Town Clerk.
Signed and sealed this_1 day j under the pains and penalties of perjury;
Linda_Hutchen ride r-Town Gark
8
MA&4.
1619.
Town of Barnstable
Zoning-Board of Appeals.
Decision and Notice
Special Permit 2008-007-Part A-Cape 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 Iyannough Road (Route 132) and"O: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 Prop erties'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 s.proposing to.: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 byan 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.existing,,building will total 22,000,sq.ft. 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'.
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 on January 10, 2008. That exemption was based upon`the location and nature.
of the.proposal having little or no significant impacts on the resources protected.by the Cape.Cod,
Commission Act outside of the:Town.of Barnstable.
'The proposal was also before the Town ofBarnstable's Site Plan Review:Committee on January 24.,,
2008, and a site approval letter with conditions was issued February.11, 2008.
f Town of Barnstable-Zoning Board of Appeals-Decision and Notice
E Special Permit 200"07Part 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_.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-12oning 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 was within,the Business B Zoning.District; therefore; permitted as=of-right.
In 1983/84 the first 300 feet of the lot was rezoned.to H ighway.Business... That rezoning permitted
motel use only as a conditional use in the zoning district: On April 26, 1985, Special PerImit/Variance
1985-033 for "Project B" was granted to thatarea-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 100-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 countto 261 and on-site,pa kin
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..
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 0.5-6 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 Fine 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
If Use Variance as motel use is permitted as-of-right in the Business B Zoning District.
I
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 #12'2 to that of a 1254 acre lot. In 2005, the owner of the
hotel received approval to develop the 1.2 acre site as a parking lotto accommodate 87 vehicles.
That improvement, although in the Highway Business Zoning.District, 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 2008-007 Part A-Cape CodderResort
Review of Appeals.Requests:.
The applicant has applied for 4 forms of relief: 'They.are: t
o Appeal 2008-007 petitions for a Special Permit pursuan to Section 240-93.&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 proper'ry'by adding.a third floor to part of 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 56.4%.`to 61.9%7
In the alternative to the above relief for the third floor, Appeal 2008-013 seeks a variance to
Section 240-21:E Bulk Regulations, Maximum Building Height to permit a third floorover 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, withadded;units extends into the Highway
Business District. Appeal 2008701+seeks;A Conditional.,Use Special Permit pursuant to Section
240-25.C(1) forthat area of the expansion:being in the Highway Business Zoning District or in
alternative,.a Special.Permit;pursuant to.Section'240-94.for the expansion of a nonconforming use.
® Appeal 2008-015 is seeking a Use`Varianceto Section 240-14,A toallow 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:200&00'7 Part A for a,Special Permit pursuant to Section 240=.93.13 to
expand a nonconformance in the structural lot;coverage of the site. That expansion being, ta-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�abuttees in accordance with MGL Chapter 40A. The hearing,was openedi February
13, 2008, at which time the Board found to grant the special permit 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. I.•Ford;represented;the applicant And introduced William Catania of the Catania
Hospitality Group,owner of the motel,:and Gregory'Siroonian of'Rescom Architectural, inc, he
Project architects: Attorney Ford'presented the overall proposed expansion and renewal of the hotel;, y
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
i Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit 2008-007 Part A—.Cape CodderResort
hotel interval ownership units needs relief for the permitted number of stories in the B Zoning District.
which is limited to two. Asa very small porti.on.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,tothe 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 vehicles. Given the existing roadways, that is
negligible.
a 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 acre lot which is zoned residential is a
land locked parcel only accessible from the motel lot. It is 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 that the motel presently is licensed for 261 zooms. They will add 15 apartment
interval ownership units..Those units, as arranged, have the ability for creating rock--out motel units
that could total 30 lock-out rooms. The units are to. be sold with 1/10 ownerships>'and theywill not be
allowed to.become primary residences: The third floor would.not exceed 30feet as measured to the
highest plate. The existing location of the spa-whichJs approximately 6;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"Bearses 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.
4
Town of Barnstable-Zoning.Board of Appeals-Decision and Notice
Special Permit 2008-007 Part A—Cape Codder Resort'
Findings of Fact:
At the hearing of February 1.3, 2008, the Board unanimouslymade thefollowing;findings of fact:
1. Appeal 2008-007 Part A seeks a Special Permit pursuant to Section 240-936 Nonconforming,
Buildings or Structures to increase the existing nonconformity in tot coverage from 56.4% to
61.9%.
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 1,22 of Assessors 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 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 sqA., 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 adding 24 000 square feet. (a 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 anew outdoor pool.-expanded and adjusted on-site parking, and
incorporation ofaandscaped 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
existing footprint of the buildings as well as increase the ground pavement associated with the
motel and its proposed expansion. This will extend the 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 impact of impervious
coverage.
6. This property and its development,have had the benefits of prior zoning relief. Use Variance:#
19714, initially allowed for the motel use in,the then Residence C-1 Zoning District part-ofthe'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-of-right.,.
7. In 1985 Appeal 1985-33, registered with the Land Court as-Document#3629:49-1,allowed a 95-
foot front yard setback from Route -132 where 100 feetis required. That appeal also approved a 1
one-story addition to the existing building in the Highway.Business zoned portion of the property
for new function rooms, enlarged kitchen,,exercise room, second.lobby, and elevator. Those
improvements resulted in a 22.1% 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
F Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit 2008-007 Part A—Cape Codder Resort
8. Cape Cod Commission's.'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 values and purposes outside4he
Town of Barnstable.
9. A special permit is sought pursuant to 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%. 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 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-off by the
bio-retention 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 have a.negative impact on the safety,
welfare, comfort,or convenience of:the.community..
12. 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.
13. 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..
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant Appeal 200&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%, subject to the following:
I
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— EX1 (Rescom Architectural, Inc.)
■ Existing Elevations dated 09/24/07— EX2 (Rescom Architectural, Inc.)
6
Town of Barnstable-Zoning Board of Appeals Decision and Notice
r.: Special Permit 2008-007 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 10/12/07-A2 (Rescom Architectural, Inc.)
■ Proposed Third Floor Plan dated 10/1.2/07-A3 (Rescom Architectural, Inc.)
■ Proposed Unit Plans dated 09/24/07—A4. `(Rescom Architectural, Inc)
■ Proposed Lighting.Plan dated 09/24/07— LT (Rescom Architectural, Inc.)
2. The maximum number of.hotel rooms permitted including the'1.5. 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 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:
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 ofthe building permit,the applicant shall revise the plans showing the
location and size of all on-site water,nines.
6. Development shall be required to meetall 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 witlr-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 any easement that may be
required-for the path.to extend along Route 132 and along Bearses Way.
k
10.The area from;the entrance.at Bearses.Way to.the front of the hotel shall be designated and marked.
as afire 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 required in this area
shall also be completed prior to the issuance of an occupancy permit.
! Town of Barnstable-Zoning Board of Appeals:-Decision and Notice
„ E Special Permit 2008-007 Part A—Cape Codder Resort
11.The half acre lot zoned Residential C-1, addressed asp_Settlers lane.(Map 273 Parcel �1-22), if,
granted a use variance, shall only be used as accessory for 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 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 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:
it C. Nightinga Chair t
D to S gned
I, inda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massacht.lsetts, hereby
certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed,this decision and
that no appeal of the decision as bee ed in the office of the Town Clerk.
Signed and sealed this //,I ':day-o j' under the pains and:Venalties>of perjury.
Linda Hutch enrider-Town Clerk'
8
o
Town of Barnstable
200 Main Street,Hyannis,"lvMassachusetts. 02601
CAB g, Growth 1Vlana ement De arthment Patricia Dale Director
g F y,
tea` 367 Main Street,Hyannis,Massachusetts 02601
Phone(508)'862-4785.Fax`(508)862-4725.www.town;barnmble.ma us
February'l 1,,2008
The Cape Codder Resort
c/o Michael D. Ford; Esq.
72 Main Street,P. 0.Box 485
West Harwich,MA 02671
Reference: Site Plan Review#054-07-The Cape Codder Resort,Hyannis
1225 Iyannough Road,Hyannis,MA
Map 273,Parcels 02.3
Proposal: Upgrade existing resort by adding a new spa building and fifteen(15)new hotel
units,and enclosing the existing atriumiswimming pool.area.
.Dear Attorney-Ford:
Please be advised that subsequent"to the formal site plan review meeting on January24,2008,
the proposal was found to.be adminstratvely.approvable subject to the_following:
• Approval is based:on,:plars entitled;"Cape Codder Resort&Spa, 1225 Iyannough.Road,
Hyannis; MA"prepared by Holmes and McGrath,Inc.,,Falmouth and,Rescorn
Architectural;Inc.,Bourne,MA;;dated September 24;2007 with revisions October 12,,
2007 and October 23,2007.,
• Approvals from Massachusetts Aeronautics Commission and Federal Aviation
Administration will be required.
• Onsite storage trailers are:riot permitted.
• Location and site of 01 onsite waterlines will,need to be provided:
• Must meet FD Code: Standpipes in the stairwells in 3--story sections
Hydrant within 100 feet:at the back with FD connection
Safety Sprinkler System
Dumpsters require screening.
• Chemical storage and electrical utilities must be separated on new utilities plan.
� - y
• Front yard landscaping and sidewalks will require coordination with the Town
• Area from the entrance at Bearses Way to the front of the hotel:needs to be designated.
and marked as a fire,lane.
e Applicant must obtain all other applicable permits, licenses and approvals required,
including,but not limited to,necessary Zoning Bioard of Appeals relief.
• Applicant must submit final iplans 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 insubstantial 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 lM.,,Swiniarski SPR Coordinator.
CC: SPR File
Tom Perry,Building Commissioner
ZBA File
f
CAFE COD COMMISSION
�p 3225 MAIN STREET
P:b. BOX 226
` BARNSTABLE, MA02630
YSSA5 (508)362-3828
_._...... - FAX(508.)362-31.36
Email:frontdesk@capecodcommissionorg
TO: ' Town,of Barnstable Town Clerk;Building Inspector, Town Pianner,
Planning Board, Conservation Commission, Board of Appeals,Board of
Health,DRI Taiaison, and Chief. of Police
FROM:: Gait-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.
s
I
01_•BA CAPE, COD COMMISSION
�o Yr 3225 MAIN STREET
v ' t P.O. BOX 226
BARNSTABLE,MA.02630
s � (508)362 3828
Ff 1C xv5• FAX(508)362-31:36
E-M.ail,;:frontdesk@capocodcommitsiah.org
DATE: January 10.,2008
TO: MichacM..Ford,Esq.
P.O.Box 485.
West I larwich,,MA 02671
FROM: Cape Cod Commission
nl:. Development of Regional:Impact Exemption Request
Section 12(k)of the Cape Cod Commission Act
APPIACANI': Cape Codder Resort
06 Michael II P6rd, Lsq.
PROJECT II: EX07019
PROJECT: I.he Cape Codder Resort Expansion
12251yannough Road
I[yannis,MA 02601
130OK/I'AC;1>:` 15617/338 Certificate o1'1 itle 1t160228
,l)-EC.i'SIUN{):)i TITE CAPE CUD.C OMMI.SS10N
SUMMARY
The Cape Cod Cornmission (Cornmission)hereby grants the Development of Regional
Impact(DR)) E-Aernption.request of the Crape C:odder Resort (",Applictfnt")for the proposed
expa.n'sion to the Crape Codder.Resort'located.at 122.5 Iyannough Road n Hyannis, pursuant
to Section 12(k)of the Cape C.od Commission Act(Act),c.716 of the Acts of 1989, as
arnended and �cction 7 of the I nal.>Iing Regulations Governing Review of Developments Of
Regional Impact, Rarnstahle Crunty Ord oaitce 90-12 as aincndcjtl: '1ltisticcisi�tn is rendei d
prtu"suan( to:a vote ot''the Coinnitssi011 on January 1t7, 2007,
1'ROJI C-T D[SC RI I'1`ON:
The expansion of the Cape C odder Resort IOCated on a 12.54 acres1W
On 1y;iitnrtnl;fa:Road(1Zou.tc 112)'in}lvannis: The property is hordere:d:by Route 13?:to the
north, 130.tr,r.' 1kay ito the east thin Barnsta'hle police stath). to the ,vt�st;i�nd resident,i-<tI
do�t i !1>taetit 16 the S tith.'i 1''e Otte is lucatcti +iihirr thU l'3usrnc 5 ai 1 11i.t lrw,ty 1.3;rr�tnrsti '
Cape('odder 11�sart tsp ntiutit/l:X(Y t)1tI
1)ecitiii>rt
Iat uari 10, 2008
su
i
zoning districts and inside a Regional Commercial Center under the Barnstable Local
Comprehensi:ve Plan., ,
The Cape Codder currently:consists of a 2.15,000 st..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 ofthe main building where the spa(currently 5;045 s.f)will be
relocated. In:addition, 1S new hotel'units-(nine two-bedroom and six three-bedroom)are
proposed to,be constructed in the existing second and third loor:space ofthe eastern portion
of the main hotel building. The proposal also includes enclosure of the 1.9 000 s.f.
atriurri/swimming pool area.
PROCEDURAL HISTORY
The applicant submitted a DR] Exemption application on.November 9,2007.The
Commission received a mandatory DRI referral from the town of Barnstable on October lb
2007.1'he 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 atthe Barnstable Superior
Courthouse.The public hearing was continued to December 28,2007,where it was closed by
a hearing officer. The record was leftopen 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 heating 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
f`rcrm the J�lua It :Date received
e DRi Exemption application October 1,2007
"Traffic study,revised plans,,hazardous materials inventory,
partial filingf'ee- November9,2007
Abutters list,;remainder of tiling free November 13,2007
• I,ighfint pllii and fetter from G..Siroonianre. exterior lighting, November 28,2007
• Revised hayardaw materials inventory December 5,2007
• St(.)hm, <rtertircilityoperations k miinagement pi'an December 7,2007
Frci»i_l�e("lxiC u�nmasston: f)ute sent
• Letter to Nt:Ford re: incomplete application October 121 2:007
l:,etter to lvti Ford:re: receiptrof DRI referral October 19,2007
i Tnail to 11.("mania re.add'i itmal inftzrrnat oi� November 8;.2007
letter to . For(L.application complete November 1`5,2007
• StafT report Dectmbet 6,2007
ru.zr_SRttr c{rtrl f cat cil(1�Ju icilS /Jere ter eivad
Dita°rcferr rl: October 19,2007
i ape C;i>ddt r.:I2;��t,,rt 1;� msit�ri�I >AO7G11�)�
1n.c ttiit)tl
Jm)uary 10,.-2008
1:i 'L, 2
From the Public:
No submittals
The application and notices of publichearings 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 are incorporated into the record_
by reference.
TESTIMONY
A public hearing was held.on December.12,2007 at the Barnstable Superior Courthouse.
Attorney Michael Ford,representing the Applicant, introduced the proposed project to the
subcommittee and discussed why he believes the project qualifies for a DRI exemption: He
said the project would have:no significant or.regional impacts. He explained that the.
applicant further reduced,the amount of hazardous materials on site:(by decreasing the pool
chemicals and the oil based paint)to be under the RPP 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 staffbehaves the
project would not-have signifcant irrrpacts on"transportati in resources, water resources;
natural resources,and community character:: Scott'Ivlichaud commented.on the revised
ha7ardous materials.,inventor noting the reduction of oil based paint and pool chemicals.
Theresa Fallon,an abutter,expressed concern about noise from theswi.coming pool. Mr.
Ford and Mr:Catania said that the new pool is"on the other side ofthe site from>her property
and•that ihe other pool area will be covered by a retractableroaf, Ms. Fallon expressed
concern about the noise of the generator.:
Peter Fallon;an.abutter, exl ressed concern about the pool and said he'd like some ipore trees
planted.
The subcommittee asked question's conceming-the:hazardous-materials inventory;the
stormwatermanagement plan,the vegetated buffer at the rear of the site. `('hey voted
unanimously to recommend approval of DRl Exemption request.
JUR:1'SllIC'1 ON
The.project qualifies as a DRI under Section 3(e)of the Dltl Enabling Regulations,,
F3ariistab.le County Ordinance 90-12;as amended,as a proposed development with"additions
to°exisfin;buildings that results in an increase of 10 000 square feet of;g.ross floor area''
I INDiNC;S
I he Cornrnission has considered the;applieatron of the:(,':ape Coddcr Resort fir a I)R'1
hxetnption:for the"I roposed Cape Codder Resort expansrori Based upan its cvnsidc r rtr:ori of
sucli application and mformntron presented at the public hearing and submitted for,the record;
the Commission makes the-following Findings purs0ant to Section 12(k)of the Act:
Cod der Resori
• f)cirisiin
Jafiumy 10,2008
Page;3
General
{r l. The project literally qualifies as a I)RI under,Section 3(e)of the DIt1 Rnablin9
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.
02. The,project consists of an expansion-to the Cape Codder Resort on Route 132`in
Hyannis: The Cape Codder currently consists of a 2,15,000 s.f. hotel bolding:
with,2.58 licensed units.: The 12.5 acre.property also contains a spa,,swimming
pool,tennis court,restaurant,several function rooms,and site parking. 'rhe
proposed expansion would add 24,000 s.f(a 6,000 s:f fidotprint)to the southeast
end of the main'building where ih0pa(currently 5,045 s.f.)will be.relocated. In
addition, 15 new hotel"units(nine two=bedroom and s1x 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 Flighway Business Loningtdistricts 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 orn the values and
p"urppsesspecified in Section One of the.CapeCod Commission Act outside of
the Town of.:B.arnstable and,.t. refore;although it literally qualifies as a DRI;it
does not require DRl,review.
C4. Based:on the"nformat on submitted for Commission review,,any.change n.the
impacts of the:;proposed project as articulated in this dec'ision;and/ora.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).
(;$. The.Applicant has merits burden to sho"w that the,project should.be:exempt`from
DRI review:
Water Itesources
WR 1, The project is`locatedin a number of significant water resource areas asclassified by the RPP, including an Impaired Water:Quality Area. The project
site is classified as a Water Quality:Itnprovement Arca(as.defined by MPS
2.1.1.21)because thc.Irnpaired Area is also located in a Wellhead Protection
Area(as defined by,MI7S 2.1.1.2.A)and Marine Watcr.Recharge Area(as.
cicfined liy M1....S'2.1.1.2.C)thin discharges to Lewis 13ay. Improved water quality
in these areas.is a major goal of the RPP.
WR2. lire existing development on the project site is currently connected to sewer.
New sanitary; wastewater {lows from the proposedAdditic nal development.will
also be treated at the municipal wastes ',titer treatment facility. The Applicant
cape C'ndder ftesori 1szpansi6n/tiX0701`9
l inuary I0i M*
explained at thel)ecember 12,2007 public,hearing that a wastewater leachfeld
on the;site."discharges'wastewater from the existing swimming and spa facilities
to groundwater and will continue to be:used 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 ai
the municipal wastewater treatment facility:
WR3. The proposed`;project will result-m a.no=net,addition of nitrogen:to groundwater
and anitrogen=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 WAPAs. Nitrogen from in impervious areas will be
reduced by vegetation incorporated into proposedstormwater facilities,as
detailed on the Stormwater Management plan dated September 2007.`
WR4. "T'he Applicant provided a hazardous materials inventory for both the existing:and
proposed development that'indicates-a net reduction in he ttatiardous materials to
be stored at the site.Chemicals currently used-to disinfect"and adjust the pool/spa
water pfI•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 changaln the amount of:hazardous:materials to,be,stored at Uie
site:.
ISO-Ib decrease in bromine biocide(pool chemical:),
75-gallon increase in chlorine biocide(pool chemical),
207gallon decrease..in.muriatic acid(hydrochloric acid;pool chemical),
45-gallon decrease in bleach(laundry},and
30-gallon decrease,in oikbased paint.
WR5:: Given the proposed pro ect's,.wastew. ater.treatinerit,storinwater management
improvements,and reduction in hazardous materials on-site,the project will not.
result in any significant;'impacts to regional water resources:
Natural Resources/Open Space
NR 1. The project site is located within a public wellhead protection area(,Zone 1I),and
therefore is mapped as a Significant Natural'Resources Area.under"the 2002 RPP.
The site is.not;mapped for rare Ames or rare species.-habitat,nor are any:
wetlands located on the site. The sitc.has been substantially developed and
almost entirety disturbed.
NR2: Given the location and existing:conditions at he project site, the proposed.
expansion of the Cape C;odder would.riot have any significant impacis or
environmental efl'ects,.to natural resources of regional significance:
Transportatibn
t heho'tel currently has(aiid will"retair)two(2) full access driveways: amain
driveway.on Bearse's'Way.and:a secondary driveway on Rotite l i2: Route`1:32
C4,114nfi'(Ader_Resort ].:;rpansion/I XO'1O1:9
1:7ccisi��ia
lanuaun, 10,2008,
f age>:
p
1
I
r
is a regional road as defined in'the RPP': The Route 132 driveway is within the
limits of tile MassHighway project currently underway'along the:roadway.
T2. The applicarit's transportatiomengineer calculated the.expected trip generation of
l .this project based on information eontained in the Iristitute.ofTransportation
Engineers Trip'Generation manual 7`°Edition:Table Ishows the net increase.'in
vehicle trips from the existing use. The-increase is not significant..
Table:I-T'fin Generation EstimMO/Increase From,;Current Use s
Time Period Vehicle Tri s
_._
Average Daily Traffic 142.
Mornin Peak-Hour. 6
Afternoon Peak Hour 8-
13ased on'ITE•Tri�e ri manual,;? $dition,LUC 310(Hotel)and LUC 320,(m�tel)_
T3. ~'rhe Ra'P standard of review for safety impacts is 25 or more new peak hour trips
through a high crash location. As shown in Table 1,the proposed-project is not
expected to generate more than 25 newspeak hour trips;therefore nq 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:,
A shuttle bus for employees;
Bicycle racks.on site
A seasonal Olde Barnstable trolley stop.
Proposed future.trip reduction measures include:
A guest shuttle to area beaches and location attractions;
Planning for a future bicycle path along koute 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 notexpected to have any signficant,impacts on rcgonad
transportation resources:
CommunitY:Character
CC;1. `l'he proposed.Cape Codder expansion consists of the.enclosure of ttie atrium,
constriction 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:port an of is the;in-fill and enclosure of the existing atrium
area,aura except for the roofline, will not.be vi`siblefrorn.the roadways. The.
building layout.and conri urationof the:site will help screen views of the
additional residential units and the spaarea from adjacent.roadways.
Ca.ix;t.odder Resort EX-insioti/FX070.19
Decision
January 10,2008
'arse 6
CC:3. The new parking':area at the southeast edge of the site will extend approximately.
30 feet southward into tho existing 7d 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 ofahe existing and proposed lights
are consistent with-the Commission's exterior.lighting technical bulle.tin.Given
the limited number of fixtures in question and.that the proposed project is,a
redevel.opmen't/addIition o an existing hotel and is located in an already.-
developed:area,the lighting impacts are'not significant
CCS. Given the layouto f the site the configuration of the:additional building space;
and the site location,the proposed project does not:preser t.significantccommunity
character impacts:
CONCLUSION'
Based`upon the above findings,the Cape Cod Commission hereby;concludes that as
proposed,1he location, character,and;environrnentai effects of the Cape Codder Resort
expansion project,as'described in this decision;will prevent:its having any significant
impacts on.the values.and purpasesapecified; ri 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 teens and
provisions of the.Act;pursuant to Section 12(k)of the Act for the proposed expansion to the
Cape Colder Resort,located at 1225:Iyannough"Road in Hyannis.,
vr"xi„ ONO
Y "l'rtot tot ass anc f a z#if cic e of ao anc�fratn th To tt of a taE� NO
Applicanttnusfece�yeaertt tcate of �o pltance=turn t apt CdC mtsstbn This
proy on necessary to ensure hat he pr�� ct for l �ch.%N&1pplicant°received:an
exem.ptron is �nstructed aceardtri'g totheproposec�°plans'filed�with the DRI Lxemptton
applicaticin and is consistent with the find'mgs 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.
C ipc(,'�cldcr.Etesart[3zpanaimi�i.`?(07Q`ly
Dec lion
January lo,Nx)&
ThisDRl E xemption decision shall'be strictly construed;afid is valid for three years frpm the
date of issuance.
Robert Jones, Ch ape Cod Commission
COMMONWEALTH OF MASSACI USETI'S
Barnstable,ss >2008
o defines
Before me,the undersigned notary. public;personally appeared , to his
capacity as.Chair of the Cape Cod Commission,who 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 identificution,,which was[ photographic identification with
signature issued by a fe ral or state governmental agency, Ll oath or affirmation of a
credible witness,or'L4ppeersonal knowledge of the undersigned.
Notary Public
My Commission Expires:
1;1r�1:t lih; �,it%hi
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IKE
STAou~,= B A P 11=TA
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MARA
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Town of Barnstable` `3 Fri
Zoning Board of Appeals
Decision and Notice
Variance 200a-015 Cape Codder Resort
Variance to Section 24014.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: 0 Settlers Lane Hyannis,MA
Assessor's Map/Parcel: Map 273 Parcel 122
Zoning: Highway Business, Business B, Residence C-1,&Groundwater Protection Overlay
Relief. Requested and Background:-
The.entire property is a 13.1 acre site shown as.two lots: Lot 23 and 122-on AssessoCs Map 273. The
property is owned by Hearth'n Kettle Properties LP and developed.with a 215,.124 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 244000 square 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, (Building7500 & 600). That third floor area
over the existing building will total22,000 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-sand three-bedroom
living units that are.to be sold`as'interval ownership units':
Proposed site improvements include anew outdoor pool adjacent.to the newspa:building, expanded
and adjusted on-site parking, and incorporation of'landscaped bio-retention areas for collection of
surface run-off. The plans.for the expansion include the use of a 0.56 acre parcel, addressed 0 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.
.`. Zoning&'Development,Historyr F I L
In 1971, the time the hotel was proposed, the property was.a single 11.34-acre lot. The majority.of=
the:lotwas 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.
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`R.oute 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 261 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 increasing parcel #122 to a 12.54-acre lot. In 2,005.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-fight 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 Iyannough Road (Route 132);Assessor's Map 273, parcel 021 The change rin the zoning line
negated the 1971 Use Variance as motel use is permitted as-of-right in the.Business-B,Zoning 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 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 Chapter40A. The hearing was opened February
13, 2008, at which time the,Board found,tc(grant the bulk variance subject to conditions. Board
Members deciding this appeal were, Daniel M. Creedon,James R. Hatfield, Sheila.Geiler,JohnT.
Norman, and Chairman-Gail C..Nightingale. -
Attorney Michael D. Ford represented the,applicantand 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 building footprint and alteration in the parking does increase the
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 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 to assure that expansion of the
2
I
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Variance 2008-015—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'that traffic
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 M 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 that the 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 023. The lot,When
created, was unbuildable. 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 new spa would
present a 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,.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 2008.015 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-with a 215,124 square foot, 258-room hotel with
accessory. uses and parking. The.accessory Iuses include a restaurant, spa;,function roorns, 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 southeast of the main building. .In<addition, 15 new hotel
units(nine two-bedroom and six three-bedroom) are proposed to be constructed on the thir&story
of the proposed spa building and on a third story to be built over two existing wings of themotel.
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 anew outdoor pool, expanded and_
adjusted on-site parking, and incorporation of landscaped bio-retention areas.for collection of.
surface run-off..
4. Cape Cod Commission Decision dated January 1 0'r 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 values and purposes outside the
Town.of Barnstable.
3 .
o
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 that is
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
conformity.to the requirements of the Groundwater.Protection OverlayDistrict. Themajority.of
that area will be used for a bio-retention basin,and landscaping. Only a small portion of it shall 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 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 limitation.
9. Desirable relief may be 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 genera)
public as they are located behind the third level facade 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 prohibit the use of Lot 122 (zoned Residential)
for any purpose since the lot is currently unb.uildable. 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'limited-to the first 30'feet abutting the.Business Zoning District.. Parking shall
be.screened from the abutting residential area by dense plantings of evergreens anda fence._
2. 'Improvements to this lot shall be as per plans submitted and entitled: "Cape Codder Resort.&Spa,
1225.1yannough_Road, Hyannis,MA" dated September 24,2007,as prepared by Holmes and
►vlcGrath;:Inc:, and Rescom Architectural, Inc. The site area architectural plan set includes 12
sheets:
■ Title Page
■ Plan of Existing Conditions revised 12/23/07—Sheet 1 of 2 (Holmes & McGrath,Inc.)
4
{ Town of Barnstable-Zoning Board of Appeals-Decision and Notice:
Variance 2008-015-Cape Codder Resort:
I
■ 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— EX1 (Rescom'Architectural, Inc.)
■ Existing-Elevations dated 09/24/07= E`X2 (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 0/1 2107-A3. (Rescom Architectural, Inc.)
■ Proposed Unit Plans dated 09/24/07—A4 (Rescom Architectural, lnc.)
■ Proposed Lighting Plan dated 09/24/07— LT1 (Rescom Architectural, Inc.)
3. All condition and requirements of Special Permit 200&007 Part 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 273 allowing the lot to 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 effectand
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 ofthis decision: A
copy of which must be filed in the office of the.Barnstable Town Clerk.
C � Saba
Ga' C. Nighting I - Chai an D ale Signed 4
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 tills>decision•and '
that no appeal;of the decision has been filed in the office of the Town Clerk.
Signed`and sealed this�/-- -da r' under the pains and penalties of perj'pry.
-�:
Linda Hutchenrider-Town Clerk
5
BAR1`4ST R,L E
MAM,
Town of Barnstable
Zoning Board of Appeals
Notice of Withdrawn
Appeal 2008-007 Part B-Cape fodder Resort
Special Permit Section 240-93-B Nonconfor'ming'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, ResidenceC-1,and Groundwater Protection Overlay
Zoning Districts
Relief Requested and Background:
The subject property, is a 111<acre site shown as two lots: Lots 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., 2587.
room hotel with accessory uses and parking.
According to plans submitted,the applicant is proposing to expand the existing hotel. Anew 24,000'
square foot, three-story addition t6the southeast side of the.existing hotel is being proposed.. The first
and second floor is to be used to.relocate and expand the existing 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 buildings. That third:floor area over-ther 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 to be developed into 15 two and three-bedroom interval ownership units.
In addition,the applicant has.proposed site improvements that.indude a.new:outdoor pool adjaceint.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 applicant made four applications forzoning relief to accomplish the proposal. Of the four
applications, Appeal 2008-007 Part A petitions for a special permit pursuant to Section 240-93B
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 floor to part of the
X. existing building and over the new spa building, and to increase the existing nonconformance in,:
impervious.'lot coverage from 56.4% to 61.9%. In the alternative to the above relief for the third floor,.
the applicant also filed Appeal 2008-0.13 for a variance to Section 240 2.1E Bulk Regulations,
Maximum Building Height to permit the third.floor over two of the existing buildings as well as on-the.
fIIV
r 1.6 Ln
Ill
6 i Town of Barnstable-Zoning Board of Appeals—Notice of Withdrawn Without Prejudice
Special Permit-2008-007 Part B—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 Zoning Board of Appeals was duly advertised and
notice sent to all abutters in accordance with MGLChapter40A. The hearing°was-opened February
13, 2008. Board Members deciding this appeal were,Daniel M.Creedon,James R:Hatfield, Sheila.
Geiler,JohnT. 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. 1t 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 afull third floor.
The staff, to the Board, noted that this pattern exists in several motels and had discussed it with the.
Building Comm issioner-notingthat this pattern,could'stil 1.be developed under both the Building Code
and the Zoning Ordinance. The level above the second floor is lofted open 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 isopen 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 comfortable with addressing the issue of a.third floor via a
variance as requested in Appeal 20.08-013, That variance was granted and thereupon,Attorney Ford
requested that this part of the petition for expansion of a nonconforming building or structure.(Appeal
2008-007 Part B) be granted a withdrawal without prejudice. `
Motion:
At the February 13,200.8,:hearin&a motion was duly made,and seconded to grant the request to
withdraw.without prejudice that part of Appeal 200.8-007 (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,JohnT. Norman, Gail C.,-Nightingale
NAY: None`
2
t Town of Barnstable-Zoning Board of Appeals—Notice of withdrawn Without Prejudice
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 - de;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:
J C IL zz X/_.J
G an I C. Nighting Chai Date Signed
I, Inda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,'hereby
certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and
that no appeal of the decision has been filed in the.office of the Town.Clerk.
Signed and sealed this/ da ft ,.
g y ®p/ ': under the pains-and penalty s;.of.perjury:
Linda Hutchen rider-Town ClerK
t
4 _
3
RAR;�STa�"4.F
. BAWWABLE -
i
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 Iyannough 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:;Lot 23 and 122 on Assessor's Map 273.
The property is owned by Hearth 'n.Kettle Properties LP and,developed with a 215,124 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. Anew 24,000 square foot,
three-story addition to the southeast side of the existing;hote(`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 by19,000 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. 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; 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 the 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.
t
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 triangular area of
the lot was in the Residence D-1 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 mote(,
The Assessor's record indicates the hotel was built by-1973. Sometime hereafter, it expanded-to 212
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:!32 was rezoned`to`Highway Business. That-rezoning
permitted motels 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 5 feet within the 100-foot setback off Route.1`32 an&.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 r50 room
addition increasing the total room.count to261 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 i lot for.87 vehicles.r 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 B Zoning'District.
Review:of,Appeal's Requests:
The applicant-had applied for 4 forms of"felief. They are:
a Appeal 2008-001 petitioned`for a Special Permit pursuant to Section-240-93 B 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 tfe
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
3 Town of Barnstable-Zoning Board of Appeals Decision and Notice
Variance 2008-013—Cape Codder Resort
.a
• 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.`thir6story intrudes.:into.the Highway Business:,District.
Appeal 2008-014 seeks a Conditional Use Special Permit pursuant to Section 240-25.0 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 sought 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 240-21.E 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 Zoning Board of Appeals was duly advertised and
notice sent to all abutters in accordance with MGL Chapter 40A. The hearin&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 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 to 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 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
i ( 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. It shares no common hallway. The full third floor is
needed to separate the 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.viewfrom
Route 132. The overall height of the three story 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 Fine 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 total 30 added rooms. 'The units are to be sold with 1/10
ownerships and�theywill not be allowed to become primary residences.
The existing location of the spa, approximately 6000 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 1.5, 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 Bearses Way. The,maximum stay by any
guest in the 15 interval ownership units would be capped at 7continuous days. Thereafter, they
would have to vacate that unit to remain:a guestof the motel. The new building and the two buildings
that are to be .expanded to three stories will;be fully sprinkled and, if requifed by the Fire:Qepartment,
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 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 13, 2008, the Board unanimously made the following findings.of fact:
1. Appeal 2008-013 seeks a variance to Section 240-211 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 Iyannough 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
Y.- z Town of Barnstable-Zoning Board of Appeals=Decisionand Notice
Variance 2008-013—Cape Codder Resort
2. The property is a 13.1 acre site developed with a 21.5,124 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,existng hotel,by adding a new 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 on the 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 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, because 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 abio retention stormwater management program that is
designed to reduce the.impact of impervious coverage.
5. This property is`benefited.by Appeal 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 aright. It.also has the benefit of
Appeal No. 1985-33, a variance to allow a 95 foot setback from Route 132 where 100 feet is
required. The special permit approves a one-story addition to the.existing.'building in the.H B-
zoned portion of the property, as wellas,a function room, kitchen, exercise room, lobby and
elevator which resulted in 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,(DRI) Exemption concluding that:the.Iocation, character, and environmental effects of the
project will prevent its having-any significant impacts on the values and purposes outside the
Town of Barnstable. i
7. As the Board did notagreeihat the existing-building is a legal nonconforming three-story structure,
a variance is sou ght.from.Section.240-2 1.E-"Bulk Regulations-Minimum Lot Size.Requirement"to
permit a third story overtwo 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 will
finance the new roof, spa,and new pool. These improvements will elevate the level.of services
s
{ Town of Barnstable-Zoning Board of Appeals.-Decision;and Notice
Variance 2008-Ot 3 Cape Codder Resort.
provided in this facility and establish this property as atourism 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 bean 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`200"13 for a
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 th-ree-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, 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-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,i 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 shaR 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
y 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 may be replaced by a one-sto.ry 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 notlimited 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 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 planfor a
multi-use pathway and associated landscaping extend.ing 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 alongBearses 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 f re
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), 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 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 (Q. That documentshall 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
I
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.
fghting -Chai an D e Signed
, utchenrider, 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 been-Wed in the officeofthe Town Clerk. .
Signed and sealed this day`i ; under the pains, d penalties.of perjury.
Linda Hutchenrider-Town Clerk .
8
i
fl
Narrative In Support of DRI Exemption
The Cape Codder Resort
1225 Iyannough Road, Hyannis
The applicant, Cape Codder Resort, requests a DEVELOPMENTS OF REGIONAL
IMPACT (DRI) EXEMPTION in accordance with SECTION 7 of the Enabling
Regulations in order to renovate and expand its cureent facility to better serve its existing
client base.
The proposed project literally qualifies as a DRI pursuant to Section 3 of the Regulations
because at least 10,000 sq ft of floor area is proposed to be added to the existing building
at the property. However, the project will not impose any significant detrimental impacts
on the regional resources, values and purposes protected by the Act, as the development
and its impacts will be entirely contained on-site.
Existing Conditions
The property is improved with a resort hotel consisting of approximately 215,000 sq ft in
three stories on 12.54 acres fronting on Iyannough Road. There exist 258, licensed units.
The resort hotel has existed at the property for approximately 35 years. The use also
consists of a spa, swimming pool, tennis court, site restaurant, several function rooms and
site parking. There are no wetlands on-site.
Proposed Project
The project proposes to enclose the existing approximately 19,000 sq ft atrium where one
of the swimming pools exists. Additionally, a 24,000 sq ft, 3-storey addition (6,000 sq ft
footprint) is proposed to the southeast of the main building. The existing 5,050 sq ft spa
will be re-located to the addition. Finally, 6-3 bedroom and 9-2 bedroom fractional
ownership units are proposed for a total of 15 additional hotel units. The additional units
are proposed in the existing second and third storey floor space in the east portion of the
existing main building. 14 new parking spaces are proposed, none are required under
zoning for the proposal.
The spa building addition is proposed for construction in existing paved area. An
outside swimming pool is also proposed in a new open air atrium created by construction
of the spa building.
Site plan review and special permit relief will also be required from the Town of
Barnstable for the project.
The project will not increase the impacts on the resources protected in the Act. In terms
of the relevant issue areas of the RPP, the project impacts are solely contained on-site, or
otherwise meet the minimum performance standards of the RPP. Namely:
3
i'
' Land Use
The project is proposed in a Regional Commercial Center/ Growth Activity Center under,
respectively, the Town of Barnstable Local Comprehensive Plan and RPP. The infill
redevelopment proposed is not only appropriate in the area, but is encouraged as an
alternative to new development.
The proposal does not create the need for additional new parking based on the 273 total
proposed units. Moreover, site parking is already located to the side and rear of the
existing facility.
Water Resources
Though the Property is located in a Zone IU wellhead protection area, the site is sewered
with appropriate allocation for the proposal, and will not increase nitrogen load.
Open Space
The existing site impervious area will be decreased, and not increased. Development is
either proposed in previously impervious area, or certain currently impervious area will
be demolished and re-vegetated with bioretention areas in accordance with Low Impact
Design (LID) methods.
Transportation /
The project will not lead to increased, detrimental traffic impacts on the region. See
traffic analysis and report by VHB, attached hereto.
Solid Waste
Recycling and construction debris will be appropriately handled during the proposed
proj ect.
Community Character
Any new lighting or landscaping will comply with the RPP and relevant CCC Technical
Bulletin.
A large part of project is in-fill of existing atrium area which is not visible from the
building exterior or roadway. The spa addition and new upper floor units on the existing
building will be architecturally appropriate (per elevations submitted) and comply with
the RPP and Technical Bulletin design standards.
4
Town of Barnstable' ,
200 Main Street,Hyannis,Massachusetts 02601
z,a�xi+axaB a Growth Man a ement.De artment Patricia Dale Director
g p y>
3`67 Main Street,Hyannis,Massachusetts 02601
Rhone(508)"862=4785.Fax(508)862-4725 www:Cown;6amstable.ma:us
February 11,2008
The Cape Codder, Resort
c/o Michael D. Ford; Esq.
72 Main Street,P. Q. Box 485
West Harwich,MA 02671
Reference:: Site Plan Review#054-07-The Cape Codder Resort, Hyannis
1225 Iyannough Road,Hyannis,MA
Map 273,Parcels 023`
Proposal: Upgrade existing resort by adding a new spa building and fifteen(15)new hotel
units,and enclosing the existing atriuin%swimrmng 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.October 23,2007
® Approvals from Massachusetts Aeronautics Commission and Federal Aviation
Administration will be required,
® Onsite storage trailers"are"not permitted:
® Location and siie of all onsite waterlines will need to be provided:
Must meet FD Code: Standpipes in the stairwells in 3--story sections
Hydrant within 100 feet at the back with FD connection
Safety Sprinkler System
e Dumpsters require screening,.
o Chemical storage and electrical utilities must be separated on new utilities plan.
j
• Front yard landscaping and sidewalks'will require coordination with the Town
• Area from the entrance at Bearses,Way.tolhe frorit 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 toAhe Site Plan Review Committee which reflect the..
Zoning Board,of Appeals decision.
• Upon completion of all work,a registered engineer or land surveyor shall subrriit a letter
of certif cation,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 240404(G) This document shall be submitted prior to.the
issuance of the final certificate of occupancy.
Sincerely,
Ellen M. Swiniarski, SPR Coordinator
CC: SPR File
Tom Perry'.,Building Commissioner
MA File
;I
of 8 CAPE COD COMMISSION
.�,��
b 3225 MAIN STREET
o ®�— �' P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
�SSACHUS�'S (508) 362-3828
FAX (508) 362-3136
E-mail: frontdesk@capecodcommission.org
TO: Town of Barnstable Town Clerk, Building Inspector, Town Planner, Planning
Board, Board of Health, and DRI Liaison
FROM: Gail P. Hanley, Clerk of the Commission o�
SUBJECT: Cape Codder Resort Expansion
Modification to the Development of Regional Impact Exemption Decision
DATE: November 20, 2008
Enclosed please find a copy of a type 1 minor modification to the Cape Codder Resort Expansion
Development of Regional Impact Exemption Decision that was signed by the Cape Cod
Commission on November 18, 2008.
Should you have any questions, please do not hesitate to contact our office.
1-73
z�
of BAR�s� CAPE COD COMMISSION
� y
i 3225 MAIN STREET
U a '- r
P.O. BOX 226
r BARNSTABLE, MA 02630
(508)362-3828
SACHA3 FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
PRELIMINARY CERTIFICATE OF COMPLIANCE
Date: November 17,2008
Applicant: Cape Codder Resort
1225 Iyannough Road
Hyannis,MA 02601
FROM: Cape Cod Commission
RE: Cape Codder Resort Expansion Development of Regional Impact
Exemption EX07019 Preliminary Certificate of Compliance
I hereby certify that the Cape Codder Resort,applicant on the above referenced project,has
constructed the first phase of the Cape Codder Resort expansion in accordance with the plans
filed with the DRI Exemption application,and it is consistent with the findings of the decision
(Cape Codder Resort Expansion EX07019).
With regard to the requirements set forth by the decision of the Cape Cod Commission,the Town
of Barnstable Building Commissioner is hereby authorized to issue Certificates of Occupancy for
the first and second phases of construction. Prior to issuance of a temporary or final Certificate
of Occupancy for the last phase of construction,the applicant is required to obtain a Final
C6- �
�o p nc om the Commission.
wie i, ecutiv rect Date
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss ® /l�,2008
f7�uf �71 ed?_ t-1-4 eekll
Before me,the undersigned notary public,personally appeared in his
capacity as Executive Director of the Cape Cod Commission,whose name is signed on the
preceding document, and such person acknowledged to me that he signed such document.
voluntarily for its stated purpose. The identity of such person was proved to me through
satisfactory evidence of identification,which was L] photographic identification with signature
iss/d by a federal or state governmental agency, oath or affirmation of a credible witness, or
M personal knowledge of the undersigned.
4
Notary Public
My Commission Expires:
101131. f
f
0? B,q�,s CAPE COD COMMISSION
U -® _ 3225 MAIN STREET.
tZ P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
`�ssAC"s (508) 362-3828.
FAX (508) 362-3136
E-mail: frontdesk@capecodcommission.org
Date: November 18, 2008
To: Michael D. Ford, Esquire
From: Cape Cod Commission
RE: Modification of a Development of Regional Impact Exemption
Applicant/Owner: Hearth N' Kettle Properties, LP/Cape Codder Resort
Project: Cape Codder.Resort Expansion
1225 Iyannough Road
Hyannis, MA 02601
Project#: EX 07019
Book/Page: Book 15617 Page 338
Land Court: Certificate of Title# 160228 Land Plait: 31689-A
Background
The above referenced project, the Cape Codder Resort Expansion, was approved as a
Development of Regional Impact Exemption (DRI Exemption) by a vote of the Cape Cod
Commission (Commission) on January 10, 2008.
In'a letter received by the Commission on November 13, 2008, Attorney Michael Ford, Esq.,
representing Hearth N' Kettle Properties, LLP/Cape Codder Resort(Cape Codder) notes that the
Cape Coddder has requested that the Town of Barnstable issue Occupancy Permits for seven (7)
of the fifteen (15)proposed new hotel units authorized by the DRI Exemption decision,and
requests that the decision be amended to allow for issuance of a Certificate of Compliance by the
Commission for the seven new residential units. The reason for the request is to accommodate a
phased construction schedule which is anticipated to include three (3) occupancy phases.
The DRI Exemption decision states that prior to the issuance of a Certificate of Occupancy from
the Town of Barnstable, the Applicant must receive a Certificate of Compliance from the Cape
Cod Commission to ensure that the project for which the Applicant received an exemption is
2.
constructed according to the proposed plans filed with the DRI Exemption application and is
consistent with the findings of this decision.
Determination
The Executive Director of the Cape Cod Commission has determined that the requested revision
to the original DRI Exemption decision to accommodate a phased construction schedule
constitutes a de rninimus change to the DRI Exemption decision. Based on this, the
Commission's Executive Director hereby approves this request as a Type 1 Minor Modification.
The following changes shall be made to the original DRI Exemption decision to reflect Attorney
Ford's request as described above.
Changes to Second Paragraph, Conclusion Section of Original DRI Exemption Decision
Prior to the issuance of a temporary or final Certificate of Occupancy from the Town of
Barnstable, the Applicant must receive a Preliminary or Final Certificate of Compliance from
the Cape Cod Commission. Prior to issuance of a temporary or final Certificate of
Occupancy from the Town of Barnstable for the last phase of construction, the Applicant
must first obtain a Final Certificate of Compliance from the Cape Cod Commission. This
These provisions is are necessary to ensure that the project for which the Applicant received an
exemption is constructed according to the proposed plans filed with 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 either a Preliminary or Final
Certificate of Corn liance; it the Preliminary or Final Certificate of Compliance will be
issue p c p`tr a compliance.inspection by Commission staff.
tive Director Date
r
r
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss
2008
Before me, the undersigned notary public, personally appeared �ac-)/ A e Z uj(ecKt t
in his capacity as Executive Director of the Cape Cod Commission, whose name is signed on the
preceding document, and such person acknowledged to me that he signed such document
voluntarily for its stated purpose. The identity of such person was proved to me through
satisfactory evidence of identification, which was L] photographic identification with signature
-issuo by a federal or state governmental agency, L] oath or affirmation of a credible witness, or
personal knowledge of the undersigned.
Notary Public
My Commission expires:
Minor Modification Type 1 —Phased Certificate of Compliance/Certificate of Use&Occupancy
Cape Codder Resort Expansion
November 18,2008
M
Town of.-Barn stible.,
Zoning Board of Appeals:
Decision<and Notice
Special Permit 20,08-01.4-Cape,04der Resort
Section;240-25k-Conditional Use.Motel
for-hotel use in the Highway Business Zoning District
' ` `Summary: Granted with Conditions.
Petitioner: Cape Codder-Resort
Property Address•-, 1225.1yannough,Road (goute.132).Hyannis, MA
Assessor's Map/Parcel•. Map 273'Parcel`023
.Zoning: Highway,Pusiness& Business B;Zoning D,istricts;.
."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 properly is owned by Hearth. 'n Kettle'Properties LP and is
developed with a 215,124 square foot,2'58 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 proposingao 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`secondfloor,is to be used to relocate and expand the existing,"Beach Pltam Spa". The,existing
pool enclosure is:to be expanded by-1.9,000:square feet and converted.to an:indoor water park. A
third floor is also proposed on two,of,the existing:hotel bui'idings(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,OOQ sq.ft;),is to be developed into 15, new ;two and three_
bedroom-living.units thafare to be sold as 'interval'ownership units'. `Mosf of the proposed;`
expansion,except'for 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 permit.
In addition to the.building exparsion the applicant has proposed:site improvements that include a
new outdoor pool adjacent tothe new spa building;;:expanded and adjusted on-site parking, and
',incorpo.ration of.landscaped bio-retention areas for�collection of surface run-off:
The expansion,exceeds'the Cape.Cod Comrnission's.10,000 square foot threshold as:a Development
of Regional Impact: The applicant was>granted an exemption forthe Commission:s review on January
10, 2008. That exemption:was.based upon the location and nature of the proposal.having:little or no
l F, t%I fill/
iLL vvr 1
3 Town of-Barnstable 7-.Zoning;Board of Appeals-Decision and Notice
Special Permit-Conditional Use-2008-01.4—.Cape Codder Resort.
significant impacts on.the resources 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 anuary 24,
2008,and a site approval letter with.condttions was=issued February. 11, 2008.
Zoning&Development.History:
In 1971, at the time the hotel.was proposed,.;the.property was a single lot consisting of 11:34 acres.
The majority of the lot was zoned Business B and perm,ned,hotel:-useas=of-right. However; a small•
triangular part of;the lot was in he Residence D-I Zoning District as it existed'.in 1972.•On,April.1,
1971•,the Zoning.Board granted Use Variance 1971'.004 to..Regal Inns,anc for that;area of the lot'that•
was residentially zoned to allow for the overall development of a`I60 unit motel
The Assessor's record indicates that the hotel was built by 4973, and: thereafter; expanded`
to 2.12.units. That expansion was within the'Business B Zoning District;:therefore,.permitted as-of-
right.
In 1983/84, the first 3.00 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;-Specia Permit/Vari,ance
19.85-033 for "Pro ject B"was granted`to that area of the hotel located in.the Highway Business Zoning
District. .That relief wasissued to the Hyannis Hotel--Associates and authorized a one=storyaddition 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 B..usiness.Zone. _.
Also at this time, components "Project`A"and.'Project.C"were.proposed..rhose two<components
were permitted.as-of:right as they were:aocated,completely in the B BusinessZoning District. They
m included a 50 roo addition that increased the total:room count to 261and 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, 2.004 Town Council amended the zoning district line in this area as apart of the
adoption of PIAHD, Private Initiated Affordable Housing Development. That amendment altered the
Business B Zoning`Distridt�line to.follow the property line.of the original hotel ot:located:at 1225
Iyannough,Road,(Route 132),1-Assessor's Map 273,;parcel 023. The change in the zoning line-negated'
the 1.971.Use.-ariance as motel'use is permitted as=of-right!`in the,Business B Zoning;;District,
lin 20021-a 1.2 acre;lot.was transferred from-the•abutting property owned,by the Town.of-Barnstable:
and added I to the,motel lot increasing parcel 1`22 to.thatof`a 1,2.54•acre:lot. 'In,2005,the-1.1 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
f
Town of Bamstable.Zoning Board of Appeals-Decision and Notice.
` Special Permit-Conditional.User 20087 0t4—Cape Codder Resort .
Review-of Appeals Requests:
The applicant has applied.for 4forms9f relief.. :They are;
• Appeal 2008-007.petitions for a Special Permit pursuant to Section 24q 93:8;Nonconforming
Buildings or Structures Not Used,.as Single-or Two-family Dwellings., This reiie0s 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'beingproposed, and to increase the
existing nonconformance in:,lot coverage byjrripervious materials:from 56.4% to`61::9%.
• In the alternativeto thezbove:'relief.for the third:floor, Appeal 2008-013 seeks a_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 onrthe.proposed new structure�where two;;stories isthe;.
maximum.al lowed.
Approximately 35 feet of the-proposed third story;with added.units.extends into th:e Highway
Business District.' Appeal 2008-014 seeks a Conditional,:Use Special.Permit pursuant to
Section 240=25:C(1) for that area,of.the expansion'being in the.Highway Busaness.'Zoning
District, or in the alternative,,a;Specia 'Permit pursuant to Section 240-94 for the expansion of
a.nonconformink,use.
Appeal 2008-015.is.seeking.a;use varianceto 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 Appe4f 2008-014 for,a C(indiiional:;Use Special'Permit pursuant to'SectiM.240
25.Q1)to permicfhe.hotel use n the.H' ighway Business zoning.,Qistrictas well the expansion.of the
use in that district:by the,proposed third floor 35,foot intrusion.into the.distrid..
Procedural& Hearing Summary.
This appeal was filed atr 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 wtth:MG.L Chapfer 40A. The:hearing;-was;opened February
13 2008,,at.which time.the.,Board.found to grant the Conditional Use Special Permit subject to
Con ditions:':Board::Members deciding this appeal were, Daniel M Creedon,jz.imes R.`Hatfield,,Sheila
Geile ,)ohn':T Norman,and:Chairman -G,ail C. Nightingale.
Attorney Michael D .Ford represented ihe,applicant;;and introduced William Catania of tl e.Catanir.
Hospitality Group; owner of the motel;and.G`regory'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
t Town of Barnstable-Zoning Board of Appeals-Decision and Notice: .
Special Permit-Conditional Use'-2ow-q 4—cape.Codder Resort '
With respectto'thisappeal, Attorney'Ford noted that it is 66" %needed because some3. 5 feet of the
proposed expansion of the:b.uilding'sits within the�Highway Business ZoningDistricts; That35 feet is,.a
part of the proposed third floor that is to be developed and.house the interval;ownership units. Other
thanthat small intrusion,,the motel and its proposed-expansion could occurwithout 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 B vehicles per,peak hour. Given the existing
roadways,.that is=negligible.-The.use of swimmingpool chemicals will be,red`uced'as the.water
filtration,will be replaced:with a new ozone; ultraviolet treatment:
Public comment was requested an&Ms. Patty Daley; Di rector,of.the TowWs Growth Management c :
Department spoke on,th'e proposed;expansign confirmingthatahe applicanthas 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 oppositi ,tp.the request. .
Findings of Fact:
At the hearing of February 13,`2008;the Board unanimously made the following fi n i sl of fact:
1. Appeal 2008-014 seeks'a,Conditional Use Special Permit pursuant to Section,240-25.0 fora motel:.
use in the.Highway Business Zoning District.
2. The subject focus is addressed as,1225 Iyannough,Road (Route 132), and,O:$ettlers Lane, Hyannis- .
MA. :It'is composed of•two parcels.numbered.B, and,122 of'Assessors Map 273. Lot 23 is-located,
.in.the B and HB zoningdistricts.. Lot..122 is a,D:5.6 acre nonbuildab:le; land-locked parcel that is,
located in the Residence C=1.District. Both;lots are in a GP, GroundwaterProtection.Overlay. :.
Zoning District: K
3. The-,',pro perty 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 roons, indoor
pool, tennis court,:and associated;landscaping..
4. The applicant seek* to alterand,6xpand the existing motel by;adding 24,0.00 square feet:(a 6,000
s.f footprint) to:the southeast of the':main'building where the spa will'be relocated;.in addition, 15
new hoteLunits;(nine;'two-beId rn.an&six three-bedroom)`are proposed to be'constructed in;a
proposed third floor shouId.that relief be granted;the proposal also includes the enclosure of the
1.9,000 square foot atr:ium/5Wimm ng pool area, to,be used for an indoor,water park. Site.
Improvements;include anew outdoor pool;expanded and adjusted on-site parking, and;`
- incorporatiorf o landscaped:bio-retention areas for.coll,coion of surface run-off:
5. The site,as presently developed, is nonconformingto the Groundwater Protection Overlay'District
regulations, because more than 50% ofthe site.is impervious. The applicant will:expand:t e
4
E i Town of Barnstable-.Zoning Board of Appeals.,Decision and Notice
Special Permit-conditional Use-2008-014—Cape Codder Resort
existing footprint of the bui,idings as well as.increase the ground pavement associated with the.
motel and its;proposed expansion. This uvtll._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 isdesigned to reduce-the impact of.impervious coverage.
6. This properly and its development<had.the benefits of prior zoning_relief. Use Variance No:
19714, initially iallowed for the motel use,m the than 'Residence C-1:Zoning District part of the;
lot.._That decision refers to 160 total units. In November2004, the;Barn stable.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 Court as Document#3b2949=1, allowed a 95
foot front-yard setback,from Route:]32;where 1 OO feet;is required. The appeal also approved-.a
one-story.add'ition to-,the existing.building in theHighway.Business;zoned portion of the property`
for.new function rooms, an enlarged kitchen, exercise-room, second lobby,iand elevator:: ose.
improvements resulted.in a.22:1% building coverage„(based on 1.1 43 acres of.lotal Lot area),,261
total units, and:350 totalr parking spaces referenced'in:the decision.
8. Cape Cod Commission's Decision dated)anuary.l0, 2008;granted'a Development of Regional;,
Impact(DRI) Exemption, concluding that the location,.character,'and'envi'ronmental effects of the
project will prevent its having any stgrinicant impacts on the valuesand purposes outside the
Town of.Barnstable.
9. The buildingwill be on public,sewer..and will.not.have an adverse affect on public'health..
10: The continued use of this building,as;a hotel/motel wilCnot have a,negative.impact on the safety,
welfare, comfort, or convenience of the community.
11._Expansion is needed to keep'this property vital'and.competitive with other resorts inahe area. The
additional rooms in the-,hotel:will generate`revenues that:wi IT;fin ance 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, wilFimprove the:appearance of the property to
passersby on Route 1`3;2 and to other businesses and residences in the neighborhood.
13. The Conditional Wet Specid-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 he public:health,;safety;;
welfare;comfort or convenience ofahe community.
5.
a
s Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Special Permit-Conditional Use`-200&.014--'Cape Codder Resort
Decision:
Based on the findings of fact, a motion-was duly made and;secondedto.grant Appeal 2008-014 for a
Conditional Use Special Perm itlpursuant to Section'..240-25.0 to-allow motel;use in the Highway:
Business zoned area of the property, condition4d 0ollovys:
1. The expansion-shall'be as per plans submitted and entitled.}4Cape C.odder;Resort:& Spa,:1225
lyannough Road, Hyannis, MA" dated September 26, 2007,As, by Holmes and McGrath;
Inc., and Rescom Architectural,inc., consisting of•12 sheets:
Title Page
Plan.of Existing Conditions revisedl2/23/07-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 uSheet 1 .of 1 (Horsley Witten Group)
■ Existing Footprint Plan dated 09/2"4/07—EX1 :(Rescom Architectural,.Inc.)
• Existing Elevations dated 09/24/07-'€X2 (Rescom Architectural ,.Inc.) ,
■ Proposed FootprintPlan`dated 09/24/07—SP1 (Rescom Architectural, Inc.)
Proposed firstFloor Plan dated''10/12/07=Al (Rescom Architectural, Inc.)
■ Proposed Second Floor Plan,dated 1011.2/07`° 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,Lighffin&Pjan dated_09/24/07- LT1. (Rescom Arch itectu(al,;lnc.)
2. The maximum.number of hotel rooms permitted:including the 15, two and,three;bedroom interval
ownership apartment units,shall be iimited,to not exceed 276 room:units. 'The 15 interval
ownership units to.be>added shall only beused:as transient units that shall not be permanent
residences. The total number of on-site parkingspacesahall;be 450as shown on`the approvedaife
: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 bexemoved priorao the issuance of`any occupancy permit .The
existing' railers shown on,the;plans may be replaced,by a one=story storage tructuire equal.in area:
10`that Hof 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
ff Town of.Barnstable-zoning Board of Appeals=Decision and Notice
:�. Special Permit-'Conditional`User 2008-014—tape Codder Resort;
6. Development shall be.required to meet:all applicable:buildi;,g.and fire codes. All Fire Department
requirements shall be met, including but not limited to stand pipes,#ire.hydrant locations within
100 feet of the building, ande interior building sprinkler system
7. All on-site dumpsters<,shall,be screened and.shall,meet all Board of Nea'Ith regulations.
8. Chemical storage shall be;separated.from:all:electricAr Utilities andall poof_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;perm it.
9. The applicant shall;work„with the.Growth Management Department`in;d.eveloping 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 may be required
for the path to extend along.Route 132 and along Bearses Way. n
10.The area from the entranceat Bearses Way to the front of the''hotel shall be designated and marked
as a fire lane. Aplan for the demarcation`shall.be developed and approved.by th:e.Fire
Department prior to the issuance of a Building permit regarding im,provementsiand shall be made
prior to any.occupancy permit Any required on-site drainage improvements needed in his area
shall also be completed,pri;or,to-the issuance of occupancy perm t>
11..The half--acre1ot zoned'.Residentia[C 1, addressed-as O Settlers,lane, 273 Parcel 122), if
granted a use variance, shallonly be,used..for.accessory for parking, drainage, and landscaping to
the.moteL Parking,in this lot,is further limited tathe first 3&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 applicantmust;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 su.rveYorshall'submta 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," all be submitted prior to the;issuance of;the final certificate of..
occupancy.
The vote was.as`fo;lows:
AYE: Daniel M..Creedon,lames R. H_atfield .Sheila Ceiler,john.:T:`Norman,.Gail C. N,ightingale;.
NAY:: -.None
I
7
I
} Town of Barnstable Zoning 8oard:of Appeals-Decision and Notice
N: special Permit-Conditional.Use-2008=014 Cape Codder Resort
}
Ordered:
Conditional Use Special Permit 200MI4 is,granted with'condi.tions. This decision musfbe 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 1.7, 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:
G "a i Nightin le-C rman. Da Si ned`
I,L' da Hutche rider, Cfierk of the Town of Barnstable, Barnstable County, Massachusetts- her
certify that twenty{20)days have elapsed:since"the Zoning Pp of Appeals filed this decision and
that no appeal of the decision4has been iled'in the office of.the.Town Clerk.
Signed and, sealed-this— —f day_of r under the pains.and pent hies of perj"ury.
`Linda'HutchenriderJ wn Clerk n
.i
. d `
8
CAPE COD COMMISSION
O 3225 MAIN STREET
v ' P.O: BOX 226`
BARNSTABLENA.02630"
� (508)362-3828
SACHUS
fAX(508)362-3136 a
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
SUBJEcr:: The Cape Codder Resort Expansion
Development of:Regional Impact Exemption Decision.
DATE: January:ll, 2008'
Enclosed.please find a copy of;:the Cape Codder'Resort Expansion Development of
Regional Immpact Exemption Decision that:was approved by the CapeCod Commission
on January 10;2008:
Should;you have'any quest<ons, please do not hesitafe'to contact`our office. Tri
c
o.
C
f
of ci4PE 'COD COMMISSION
O �3225 MAIN STREET
BAP_ BOX 226,
RNSTABLE,MA 02630
gssAC US`S� (508)362-3828
H FAX 508 362 313.E
. E-mad frontdeskQcapecodcommission.org
<13
DATE:. 'January 101_2008
MU
TO: Michael D Ford;Esq. -
• :P O: Box 485`
Wesf'Harwieh,MA 02671y�y fYt
FROM::: Cape Cod.Coinmission: ,
`RE: Development of-Regional.Impact Exemption Request
Section 12(k)`ofthe:Cape:Cod..CommissiorrActF;
APPLICANT.'- Cape Codder-Resort:,
c/o iVlichael D. Ford ,Esq.
PROJECT,#: EX070.19: }
PROJECT:" ;a,The,C,ape Codder,Resort Expansion . .
1225IYannough.Road :
;I-Iyannis,MA;02601
BOOK/PAGE: 15617/338; Certificate of Title#160228
DECISION OF TAU CAPE COD COMMISSION
SUMMARY
The_Cape:Cod Commission(Commission}hereby.grants the.Deyelopmentof Regional
Impact(DRI)Exemption:request.of the:Cape,Codder Resort("Applicant")for the proposed :
expansion to the Cape Codde,r Resortaoc4ted.at 1225,Iyannough Road in Tiyannis,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 Enabline Regulations Governing Review of-Deve-lopments:;of, _
Regional Impact,Barnstable County Ordinance 90-12'as amended '-This A6cision is renderedf
ofth :CornnJanuary0 2007.pursuant toa vote mo' 1 ,
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PROJECT DESCRIPTION`
The;Applicant,proposes'an expansion of he Cape Codder Resort located on a 12.54 acre site ;
on Iyannough Road,(Route •132).in Hyannis. 'l'he properly is bordered by Route3132 to the,
north, Bcar.w's Way to,the east, thei Barnstable police'statibrfto the Vest,-and residential
developme,rit,to the south.The:site is located within the Business and,Highway Business
Cape Codder Resort Expansion%EX07019,
Decision
January. 10,2008 -
sA� Pave l
From the Public: _
• No submittals
The application and-notices of public hearings eelarive:thereto,the Commission staffs notes,
exhibits and;.correspondence,'the transcript and minutes._of n ingrand hearings and all
writtensubmissions'received;in the course ofourproceedings are incorporated into.the.record
by reference:
TESTIMONY,,
A public hearing was held on December;:12,200.7.a the BamstablefiSuperiorCoumhouse:
Attomey-:Michael Ford,representing the Applicant,:introduced:,the.proposed`project to the
subcommittee and discussedwhy he believes.the project qualifies for&DRI exemption-He
said theprojeo.would have no significant:or'regional,impacts:;:He explained'.that the
applicant further reduced-the amount ofhazardous matenals.on site,(by decreasing the pool
chirhicals and.the oil based-paint)to be.un00411 RP-P.aimii� He explained how they.are:
upgrading the`stormwater managementsystem;:�resulting m reduced nitrogen loading.
Martha Hevenor presented a summary of the staf-'report,noting that;a revised hazardous,
materials inventory was;submittgd that;evening She°discussed how the staff believes the
project would nothave-signifitmit impacts,on''.transportatwn resources,waterresour des,
,
natural resources,and community character.° Scott Michaud commented on the revised
hazardous materi, , .inventory;noting the reduction of oil°based pant and pool,chem�cals;'
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Theresa Fallon,an%abutter,expressed concern about noise from the swimming pool. >Mr:
Ford and Mr.Catania said;that the new pool is on the other side of the stte.from her property
andAhat the other pool-area will be covered by a retractable roof. M Fallon expressed
con'cerii about tlie'noise of the generator:.' .
Oeter Fallon,an.abutter,.'expres sedconcern:,about the.;pool and scud he'd:like'some;more;trees;
planted: ' -
The subcommittee:asked'questions concerning the hazardous materials,inventory,the
stormwater management plan,ihe;vegetated.buffer at.the rear of;the.site., They,voted,
unanimously to recommend approval of-DRI Exemption�request.
JURISDICTION
The projectqualifies.as a DRLunder,Sect!on:3(e}of the DRhEnabling Regulations,,,
Barnstable Count"Ordihance 90:=12;as;amended,.asa,proposed development with'"additions.
to existing buildings that'.results; n ari increase:of,10,000 square feet;,of.gross floor;area"
a FINDINGS
The Commission'hasl.considere.d,the,application ofthe Cape Codder Resortfor a,DRI
Exemption for the proposed Cape Codder''Resort:expansion. Based upon its consideration'of
sueh'dpplieatiofi:arid information presented at_the public hear ng,and;.subm tted for the record,,;
the;Commission makes'.the following:Eindtngs>pursuant to'Section 12(k)of the Act::
u
Cape Codger.Resort Expansion/EX07019-
Decision
January 10,2008
Page 3
explained at the December;l2,2007 public hearing that=a wastewater,leachfield.
on the site.discharges°wastewater-from the existing swimming and spa facilities
to groundwater and will continue to be used to„discharge wastewater from,the..
existingswimming/wave pool He;indicated::that.,wastewater.generated.by the.
proposed new;.pooi and spa facilities will be discharged to sewer for`disposal at.
r the:mgii !pal wastewater.treatment facility.
WR3. The proposed project.will result in a,no-net addition of nitrogen'to groundwater
and a'nitrogen-loadingconcentration'in groundwater of less;than 1.5 ppm-N,
across the entire site—The projectneets.the 5-ppm nitrogen loading limit
applicable- o..DRIs in WHPAs..Nitrogen;from'increased:,impervious areas will'.be
reduced by vegetation incorporated:into proposed storniwaterfacilitiesas
detailed.on he Storrnwater Management-plan.dated$,6 t*mbPr`2007
WR4. The Applicant provided a hazardous materials inventory for both the existing and'
proposed dexelopme fit,that indicates amet'reduction,in.the�hazardous materials to
be stored at the site'.Chemicals,currently used to disinfect and adjust the pooVspa
water pH levels and sanitize laundry will be replaced with new ozone;.ultra-
vi eefand carbon-dioxide-treatment systems.-in;addition,.the;amount of oil based
paint stored at the site will be reduced: The hazardous materials inventory details
j thefohowingchanges m the amount ofhazardous.matenals to be stored at.the
site:
■ 1:50-lb:decrease in bromine biocide;(pool.chemical),;
■ 75-gallon increase in chlorine biocide.(pool chemical),
■ 20-gallon decrease in muriatic acid(hydrochloric acid;pool chemical);.
■ 45-gallon decrease in`:bieach(laundry),and
■ 30=gallgn.decrease in oil-based paint:
WRS Giventheproposed;projeeYswastewater=treatment,stormwatermanagement,
improvements;and reduction'iwhazardous materials on-site„the project will.:riot
result in any significant.impacts to.regional water reso„urces.r
Natural:Resources/Open Space
NR1. 'The project-site is located within a public.wellheadproteetion;area(Zone�11),and
therefore is,mapped as a;$igniftcant.Natural Resources.Area under the 2002•RPP.
Thesite is:not mapped foe;rare=species or;rare speckes,habitat,.nor are any
" wetlands located on the site: The,:sitebasbeen 40bstantlally developed and
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'�` ��'• `almost entirely bribed."'
NR2. iven the location'and.exs""ling conditions at the;projectatte,.the.proposed
tof theCapexp C.. derwouldnoth ave7anysignificant impacts:or
environmeneects ro.natural resources,of regional,sigificance:..tzit
Transportation
t , E.
T1`; ulla ways:a mainThexhotel currently has(andwill w. d
=` driveway oiBearse's Way and asecondary driveway on Route.132. ;Route 132
'Cape Codder,Resort Expansion/EX07019
Decision
January 10,2008
Page 5 -
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CC3: The new parking area at the southeast edge of the'site wiltextend approximately
30 feet southward into the existing.Xfoot vegetated buffer,area that bordersthe
adjacent residential,property; Project representatives'indicated that
approximately 40 feet of the;buffer;area.would rerriain undisturbed.
CC4. Exterior:lighting for the proposedkprolect.will myolve reuse of some existing
lights and the additionofnew fixtures,`including new pole.lig. 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
redevelop ment/addition.to.an,existing hotel and'is`located in an it
deyelgped:area,the lighting;impacts are not signf cant
CCS: .:.,Given'the layout of the site,. LL the configuration of the additional buildingpspace;
and the,site location;the.proposed project does not present srpif cant community`
character impacts.
CONCLUSION
Based upon the above findings the:Cape Cod,Commission.hereby concludes;that as
proposed,:the location,character;:and_environmental effects ofthe Cape Codder Resort
expansionproject,,as described in this.decision;will prevent its havinganysignificant
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 ocated). Base4-1.1 on- he above
findings,;the Commission hereby grants'the Applicant a.DRI`Exemption"from the-teams and
provisions of the Act,pursuant to.Section 12(k)of the Act for the proposed'expansion to,the
Cape Codder Resor4 located at 1225 Iyannough.Rgad;in Hyannis:
Prior to the issuance of a`Certif sate of Occupancyfrom the Town of Barnstable;the.
Applicant must receive a Certificate of Compliance from the Cape Cod Commission. This
provision is necessar to ensurethat the project;for wh►ch the:Applicant received an
exemption is constructed-according to the proposed.plans filed with-the DRI'Exemption _
application and is consistent with the findings of this,decision. The Applicant shall provide,a
minimum of ten(14)business days notice of the intentto seek a Certificate of Compliance;it'
will`be issued upon completion of a'compliance'inspectionbyCornmission stiff.
Cape Coddei Resort Expansion/EX07019
Decision
January 10,2008.
Page
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KASIL
Town'-of Barnstable
Zoning Board.of,Appeals
Notice of Withdrawn
"Appeal 2008-007-:Par4 B<=Cape Codder Resort
Special Permit'Section,240-93,B 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: 1:225 Iyannough Road (Route 132)and'0'Settlers Lane.:Hyannis, MA
Assessor's Map/Parcel: Map 273 as parcels 023,and 12.2
Zoning: yghway Business; B Business,.Residence C 1;; and Groundwater Protection Overlay,
Zoning.Districts
Relief Requested and Background:
The subject property,is a 13A1 acre site shown as two:lots: Lots 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. . . . .
According o:;plans,submitted, the applicant is proposing to;expand the;.existing hotel: A new 24,000.
square foot,"three=story addition. o the southeast side of the-existing hotel is being proposed..The first:
and second floor is to be used.to:-relocate and expand fhe:existing spa.BThe 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. Tha`thif floor area over the.;existing,building.w ill
`
total 22,000 square:feet..Thatarea in icombunationwhh,the°new third floor overthe proposed spa
(6,000 sq.ft.):s to be devel,opp into 15 :two,
and three<bedroom;.interval ownership units.
In addition-,theapplicanfhas proposed:site,-improvements:that include anew 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 applicant made four appli.cations-for zoning relief to accomplish the proposal. Of-the,four
applications; Appeal 2008-007;Part A:petitions fora special:permit pursuant to Section;240-93B:`
Nonconforming:B:ui'ldings or-Structures Not Used as Single-.or Two-family Dwel ings. This relief was,.
sought to expand.the existing structures: ocated on the property by adding a third floor to part of the
existing build ng and over the,new spa building, And increase the existing nonconformance m
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mperviousIot coverage from 56 4%to 61.9%: In the alternative to the above relief for the.third floor,
the.applicant-aIso filed:Appe 'I 200&01'�46r a variance to Section;;240-21'E.Bulk'Regulations;
Maximum Building.Height;to permit the third floor over two of the existing buiidings.as well as on the
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i Town of Barnstable-Zoning,Board of Appeals—'Notice ofLW-lthdravvn Without Preiudice
-� Special:Permit-2008-007 Part B—Cape Codder Resort
proposed-new structure. The relief-is necessary:because th
.6 Business B zoning district only:permits
two stories.
Procedural & Hearing Summary:
This appeal was filed at the Town,Clerk's Off ice.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 accordancewith'MGL Chapter 40A.:The.hearing'mas opened February
13,_2008. Board Members deciding this appeal were, Daniel M. Creedon,fames R.Hatfield, Sheila;
Geiler,John-T. Norm-an,;and Chairman-Gail-C. Nightingale.
Attorney Michael D. Ford represented-the applicant and'was'aceompanied by William Catania of the:
C y
atania Hospitality Grou and Gre o Siroonian of Rescom Architectural Inc.-Attorne Ford
P g:rY
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:
hallway: Base&upon the existence.of that'aeveI Attorney Ford argued that it was this
nonconformance which this appeal was.seeking in:order to now:extend;to a fuJl.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.couId still beAeveloped 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 thesecond'
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 wouldnot be:a legally created nonconformity,i,n the:building,
The Board indicated that it would be,more comfortable with addressing the issue of a third,floor via a
variance as;requested in Appeal 2008-013. That variance was granted.and thereupon; Attorney Ford
requested that this part of the petition for expansion of a nonconforming building or structure.(Appeal
2008-007 Part 8) be granted a withdrawal without'prejudice.
Motion:
At the February 13 2008,'hearing a motion was duly made and seconded to grantthe request to
withdraw without°prejud ice,that-part of Appeal 2008-007 (Part B) hatrequested 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 Geller,John T: Norman, Gall C °Ntghtirgale:
NAY None_
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t Town.of Barnstable-Zoning Board of Appeals-,Noticed Withdrawn Without Prejudice
.„ Special Permit-2008-007 Part B-.Cape codder Resort
'x
Ordered:
That part of Appeal 2008-007 (Part B) 'that requested the.kpansion of a third floor,;has been
withdrawn without.prejudice. Appeals.of this decision,.if any; shall be?made pursuant to MGL
Chapter 40A, Section 17; withWtwenty(20).days after the date of the.filing oflhis decision:."A copy of
which-must be'filed.in the offiee of the Barnstable Town,Clerk:
G0nda
I C. Nighting -Chat an Da a Si ned:
I, Hutchenrider, Clerk of the Town of..Barnstable;Barnstable County,Massachusetts,:hereby
certify that;twenty (20) days have elapsed since the Zoni,n �Board;:of A : eats fi'ed this'decision'add
g pP .
that no appeal of the decision has-been filed;n the officeof,the Town Clerk.:
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Signed and sealed this da o _ �1t pp under.the pains and enalties,of g y -- P ..perjury: _
10
Linda"Hutchenrider Town Clerl<
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