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HomeMy WebLinkAbout1225 IYANNOUGH ROAD/RTE132 (3) ZIO .._ aro� t ' ..�r=ssr•d�- ����' f� d 0 r. t�E Town of Barnstable BARN STABLE Regulatory Services a SrReic•am i.mnm.nmrrs Maaws ww•9sreanue•xcsruaysun� 1639..2014 RAMSTABM + Richard V. Scali,Director a`e� Building Division Ec► Paul Roma Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us March 15, 2017 Cape Codder Resort& Spa c/o Mr. Michael Santos Apcon, Inc. 4830 Falmouth Road Cotuit, MA 02635 RE: Site Plan Review#012-17 Cape Codder Resort and Spa-1,485 s.f. Addition to existing arcade area of hotel. 4225MIyannough Rd, Hyannis -Map 273, Parcel 023 Informal Review of Impervious LotrlCoverage Ratio.' ' r` H l3z Proposal: Construction of 1,485 s.f. Addition to Existing Arcade Area of Hotel. Dear Mr. Santos: Please be advised that the above proposal was administratively approved at the site plan review staff meeting held March 14, 2017 subject to the following: • Approval is based upon, and must be.substantially constructed in compliance with,plan entitled"Site Plan" dated September 1, 2015 with final revision dated March 8, 2017 "Update Zoning Lot Coverage Notes"prepared for Cape Codder Resort& Spa for 1225 Iyannough Road"; and, accompanying e-mail dated March 6,2017 from Mike Santos, Apcon, Inc. providing a chronological outline of lot coverage resulting in less than what was granted by Special Permit 2008-007 Part A. • Arcade is to be accessory to the hotel use and is not to be open to the general public. • Applicant must obtain all other applicable permits, licenses and approvals required including but not limited to, amendment of existing alcohol license to reflect the additional s.f. of the arcade. Contact Maggie Flynn, Consumer Affairs 508-862-4674 for assistance. i ,v 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 240-105 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. A copy of the approved site plan will be retained on file. Sincerely, Ellen M. Swiniarski Site Plan Review Coordinator CC: Paul Roma, Building Commissioner Licensing rof 8 CAPE CO® COMMISSION p c 3225 MAIN STREET v tri P.O. BOX 226 BARNSTABLE, MASSACHUSETTS'02630 '9ssACH`7Sti�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 I minor modification to the Cape Codder Resort Expansion Development of Regional Impact Exemption Decision that was signed by the Cape Cod p g P p Commission on November 18, 2008. Should you have any questions, please do not hesitate to contact our office. ZX G� • ry �� r10 M i�� I Of BAR CAPE COD COMMISSION 0 3225 MAIN STREET U ^' m M P.O. BOX 226 BARNSTABLE, MA 02630 (508)362-3828 SACHUSti 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 Certific o o p ; nc om the Commission. dzwie i, ecutiv rect Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss ,2008 eekl 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 photographic identification with signature iss ed 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: �©/f3/f0 4 CAPE COD COMMISSION ® _ 3225 MAIN STREET P:O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 �ssA�xvs�� (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 Plan: 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., . <f 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 reasorf 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 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 ininimus 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 Orilzinal 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 i-s 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 Com Hance; it the Preliminary or Final Certificate of Compliance will be issue p c pleb a compliance.inspection by Commission staff. tive Director Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss 2008 Before me, the undersigned notary public, personally appeared paa 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 I —Phased Certificate of Compliance/Certificate of Use&Occupancy Cape Codder Resort Expansion November 18,2008 BARNSI'ABLE. MABB p FD NIPr a Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit 2008-007- Part A-Cape Codder Resort Special Permit Section 240-93.B Nonconforming Buildings or Structures to increase the degree of nonconforming lot coverage from 56.4% to 61.9%. Summary: Granted with Conditions Petitioner: Cape Codder Resort Property Address: 1225"lyannough Road (Route 132) and 0 Settlers Lane Hyannis, MA Assessor's Map/Parcel: Map 273 as parcels 023 and 122 Zoning: Highway Business, B Business, Residence C-1, and Groundwater Protection Overlay Zoning Districts Relief Requested and Background: The subject property is a 13.1-acre site shown as two lots: Lots No. 23 and 122 on Assessor's Map 273. The property is owned by Hearth 'n Kettle Properties LP and is developed with a 215,124 sq.ft., 258-room hotel with accessory 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 sq.ft., three-story addition to the southeast side of the existing hotel is being proposed. The first and second floor is to be used to relocate and expand the existing "Beach Plum Spa". The existing pool enclosure is to be expanded by an additional 19,000 sq.ft., and converted to an indoor water park. A t ird floor is also being proposed on two of t e existinghotel 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 of Barnstable's Site Plan Review Committee on January 24, 2008, and a site approval letter with conditions was issued February 11, 2008. a Town of Barnstable-Zoning Board of Appeals-Decision and Notice Special Permit 2008-007 Part A—Cape Codder Resort Zoning & Development History: In 1971, at the time the hotel was proposed, the property was a single lot consisting of 11.34 acres. The majority of the lot was zoned Business B and permitted hotel use as-of-right. However, a small triangular part of the lot was in the Residence D-I Zoning District. 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 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 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 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. In the plans before the Board, the applicant has proposed this lot area to be used for accessory parking, drainage, and landscaping. Appeal 2008-015 has requested a variance to Section 240-14.A- Principal Permitted Uses to use the 0.56 acre parcel as accessory to the hotel. On November 18, 2004, Town Council amended the zoning district line in this area as a part of the adoption of PIAHD, Private Initiated Affordable Housing Development. That amendment altered the Business B Zoning District line to follow the property line of the original hotel lot at 1225 lyannough Road (Route 132), Assessor's 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 acre lot was transferred from abutting property owned by the Town of Barnstable and added to the motel lot, increasing parcel #122 to that of a 12.54 acre lot. In 2005, the owner of the hotel received approval to develop the 1.2 acre site as a parking lot to accommodate 87 vehicles. That improvement, although in the Highway Business Zoning 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 ,B Special Permit 2008-007 Part A—Cape Codder Resort Review of Appeals Requests: The applicant has applied for 4 forms of relief. They are: • Appeal 2008-007 petitions for a Special Permit pursuant to Section 240-93.13 Nonconforming Buildings or Structures Not Used as Single- or Two-family Dwellings. This relief is being sought to expand the existing structures located on the property by adding a third floor to part of the existing building as well as to the new spa building being proposed, and to increase the existing nonconforming in lot coverage by impervious materials from 56.4% to 61.9% • 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 floor over two of the existing buildings as well as on the proposed new structure where two stories is the maximum allowed. • Approximately 35 feet of the proposed third story, with added units extends into the Highway Business District, Appeal 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 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 Variance to Section 240-14.A to allow a 0.56 acre residentially zoned lot to be used as accessory to the hotel for parking, drainage and landscaping. This decision is that of Appeal 2008-007 Part A for a Special Permit pursuant to Section 240-93.13 to expand a nonconformance in the structural lot coverage of the site. That expansion being, to increase the nonconforming lot coverage from 56.4% to 61.9%. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the office of the Zoning Board of Appeals on January 16, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened 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. 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 architects. 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. He concluded noting the certain components of the proposal can be accomplished as-of-right. Those components being: the proposed indoor water park and an upgraded spa as accessory to the hotel. However, the proposed expanded building footprint and alteration in the parking does increase the nonconforming lot coverage and relief is needed. The third floor which is to accommodate 15 new 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Special Permit 2008-007 Part A—Cape Codder Resort hotel interval ownership units needs relief for the permitted number of stories in the B Zoning District which is limited to two. As a very small portion of that third floor also extends into the Highway Business Zone, relief should also be issued to assure that expansion of the motel use. Attorney Ford recited the benefits of the project stating that the upgrades include: • An improved on-site stormwater drainage that will reduce overall nitrogen loading to the site as bio-retention basins will be employed to act as a first flush before infiltration to groundwater. He cited that this will reduce overall nitrogen loading based on site coverage to that comparable of only 30% of coverage by impervious surfacing. • Traffic generated from the expansion is projected to increase by only 142 vehicles per day and peak traffic hours to increase only by 6 to 8 vehicles. Given the existing roadways, that is negligible. • Pool chemicals will be reduced as the water filtration will be replaced with a new ozone, ultraviolet treatment. He noted that with regards to the use variance, that the half 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 rooms. They will add 15 apartment interval ownership units. Those units, as arranged, have the ability for creating lock-out motel units that could total 30 lock-out rooms. The units are to be sold with 1/10 ownerships and they will not be allowed to become primary residences. The third floor would not exceed 30 feet.as measured to the highest plate. The existing location of the spa which is approximately 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 a Town of Barnstable-Zoning Board of Appeals-Decision and Notice Special Permit 2008-007 Part A—Cape Codder Resort ho w11 Findings of Fact: At the hearing of February 13, 2008, the Board unanimously made the following findings of fact: 1. Appeal 2008-007 Part A seeks a Special Permit pursuant to Section 240-93.13 Nonconforming Buildings or Structures to increase the existing nonconformity in lot coverage from 56.4% to 61.9%. 2. The subject locus is addressed as 1225 lyannough Road (Route 132), and 0 Settlers Lane, Hyannis, MA. It is composed of two parcels numbered 23 and 122 of Assessors Map 273. Lot 23 is located in the B and HB zoning districts. Lot 122 is a 0.56 acre 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 sq.ft., 258-room hotel with accessory uses and parking. The accessory uses include a restaurant, spa, function rooms, indoor pool, tennis court, and associated landscaping. 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 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 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 # 1971-4, initially allowed for the motel use in the then 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. In 1985, Appeal 1985-33, registered with the Land Court as Document#362949-1, allowed a 95- foot front yard setback from Route 132 where 100 feet is required. That appeal also approved a one-story addition to the existing building in the Highway Business zoned portion of the property 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 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 outside the 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 2008-007 Part A for a special permit pursuant to Section 240-93B to increase the degree of nonconforming lot coverage from 56.4% to 61.9%, 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.) 6 Of� 'o Town of Barnstable Planning Division Thomas A. Broadrick,AICP �. 200 Main Street, Director of Planning, Zoning, Hyannis,.Massachusetts 02601 &Historic Preservation Tel: (508) 862-4786 Fax: (508) 862-4725 www.town.bamstable.ma.us September 29, 2005 Mr. William Catania Catania Hospitality Group 141 Falmouth Road Hyannis,Ma 02601 Re: SPR 049-05 Cape Codder Resort, 1225 Iyannough Rd, Hy(R274-031) Proposal: Construct new 87-space parking lot for hotel use. Dear Mr. Catania: Please be advised that the Building Commissioner issued an administrative approval for the aforementioned proposal on September 21, 2005. The following conditions apply: • All construction shall be in compliance with the approved plan prepared for Dan'l Webster/Hearth `N Kettle, dated Oct 31,2001, revised 8/31/05 and 9/19/05, identified as Job Number 2167.0, consisting of sheets 1-4, stamped and signed by Richard Tabaczynski, PE. • Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Robin C. Giangregorio Zoning& SPR Coordinator MICHAEL D. FORD ATTORNEY AT LAW 72 MAIN STREET, P.O. BOX 485 WEST HARWICH, MA 02671 TEL. (508)430-1900 FAX(508)430-9979 EMAIL:mdfesql@verizon.net verizon.net October 1, 2007 Mr. Thomas Perry Building Commissioner Town of Barnstable HAND DELIVERED 200 Main Street Hyannis, MA 02601 Re: Cape Codder Resort DRI Exemption Application—Request for Referral Dear Mr. Perry, Enclosed please find copies of application to the Cape Cod Commission and supporting plans for expansion and alteration of the Cape Codder Resort. The proposed project qualifies as a DRI pursuant to section 3 of the Cape Cod Commission Regulations because at least 10,000 sq ft area is proposed to be added to the existing building at the site. As a result I would ask you as Chair of the Site Plan Review Committee of the Town of Barnstable to refer the project to the Cape Cod Commission. Please copy me with any referral letter. Very truly yours, Michael D. Ford Cc: Client w/o attachments Dorr Fox, Chief Regulatory Officer Cape Cod Commission w/o attachments Ruth Weil, Director Barnstable Growth Management w/o attachments \\Main-office\data\Catania\Cape Codder Resort\T Perry letter 10-1-07.doc Of BA Application Cover Sheet For Commission Use Only i i d C Co d oommsson � o r 3225 Main Street, PO Box 226 Barnstable, MA 02630 ���� 9ss ti�� e: -3828 Tel: Chec Now � , tCHIJs ( ) 362 tGt rw � y. FIIeNoh f ��, 4 Fax: (508) 362-3136 10 Type of Application (check all that apply) 0 Development of Regional Impact(DRI) 0 Hardship Exemption p Limited DRI Determination for Change of Use =urisdictional Determination M DRI Exemption 0 Request for Joint MEPA/DRI Review Project Information Fee Waiver Request? yes/NO Project Name: The Cape Codder Resort Total Site Acreage: 12.54 Ac Project/Property Location:_ 1225 Iyannough Rd., Hyannis 02601 Zoning: B/HB Brief Project Description. Include total square footage of proposed and existing development,gross floor area, number of lots existing or to be created,specific uses, description of existing conditions,as applicable(attach additional sheets if necessary). Narrative Attached. 00wner(s) of Record List the following information for all involved parcels. Provide copies of each Deed and Purchase and Sale Agreement and/or evidence of lease- hold interest,if applicable,for all involved parcels. Proof of ownership/legal right for Applicant(s)to proceed with the proposed development must be documented prior to the Commission deeming any application complete(attach additional sheets if necessary). Map/Parcel Owner's Name Reg.of Deeds:Book/Page# 273/23 Hearth N Kettle Properties LP Bk 15617 Pg 338; Ctf Title# 160228 There are/ARE NOT(circle one)court claims,pending or completed,involving this property(If yes,please attach relevant information). Q Certification I hereby certify that all information provided on this application form and in the required attachments is true and accurate to the best of my knowledge.I agree to notify the Cape Cod Commission of any changes in the information provided in this application,in writing,as soon as is practicable. I understand failure to provide the required information and any fees may result in a procedural denial of my project. NOTE: For wireless communication facilities,a licensed carrier should be either an applicant or co-applicant. Applicant(s)Name: The Cape Codder Resort Tel: Address: C/O Michael D. Ford,Esq. P.O. Box 485,West Harwich, MA 02671 Signature;_ :� Date:October 1 2007 �r . Contact: Michael D. Ford,Esq. Tel:508/430-1900 Fax: 508/430-9979 Address: PO Box 485 W.Harwich MA 02671 11 Signature: a � , Property owner: Hearth N Kettle Properties LP Tel: Address: C/O Michael D. Ford,Esq. P.O. Box 485,West Harwich,MA 02671 Signature/ Date: /1-)//lel � Billable Entity: Michael D. Ford, Esq. Tel: Address: PO Box 485 W.Harwich,MA 02671 1 REQUIRED FILING MATERIALS The following must be attached to the Application Form at the time of its filing: • Certified List of Abutters (required for all application types except Attachment 5, Jurisdictional Determination). -A list of abutting property owners within 300 feet of the boundaries of the development site and their addresses. Include both local and off-Cape addresses when applicable; -This list must be formatted in three columns consistent with the Standard Label Format designed to print on Avery Labels 45160; -List must be certified by the Town Assessor's office. Note: Assessor's offices may take up to 10 days to certify an abutter's list. If there are more than 50 abutters, applicants must provide three sets of the certified list on self-adhesive labels. • Required Filing Fee. Please calculate according to the Schedule of Fees (see Enabling Regulations, Section 14). Please make check payable to BARNSTABLE COUNTY TREASURER. • An 8 1/2 x 11 copy of the U.S.G.S. quadrangle map of the area, containing sufficient information for the Commission to locate the site of the proposed development. • Development Plans. File as required for each application type you are making. See list of Attachment(s) below for specific instructions. • Permits or Actions. List of local, state, or federal agencies or boards from which a permit or other actions have, will, or may need to be sought. Include agency/board name, type of permit, date filed, and file number. -If one of the listed permits or actions requires the filing of an Environmental Notification Form under the Massachusetts Environmental Policy Act (MEPA), please contact the Commission's Chief Regulatory Officer to discuss the potential for joint Commission and MEPA review. For information on MEPA regulations contact the Executive Office of Environmental Affairs, MEPA Unit, at (617) 626- 1020. Please attach all relevant MEPA documents and describe the status of the MEPA filing. 2 of B CAPE COD COMMISSION O 3225 MAIN STREET v -;®- "" �' P.O. BOX 226 BARNSTABLE, MA 02630 �ssACHUStiC (508)362-3828 FAX.(508)362-3136 E-mail:frontdesk@capecodcommission.org TO: j Town of Barnstable Town Clerk, Building Inspector, Town Planner, Planning Board, Conservation Commission, Board of Appeals, Board of Health, DRI Liaison, and Chief of Police FROM: Gail P. Hanley, Clerk of the Commission SUBJECT: The Cape Codder Resort Expansion Development of Regional Impact Exemption Decision DATE: January 11, 2008 Enclosed please find a copy of the Cape Codder Resort Expansion Development of Regional Impact Exemption Decision that was approved by the Cape Cod Commission on January 10, 2008. Should you have any questions, please do not hesitate to contact our office. :� ra > Y CIO of. B,9A CAPE COD COMMISSION O �� 3225 MAIN STREET P.O. BOX 226 BARNSTABLE, MA 02630 �SSACHUs (508)362-3828 FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org DATE: January 10, 2008 TO: Michael D. Ford, Esq. P.O. Box 485 West Harwich, MA 02671 FROM: Cape Cod Commission RE: Development of Regional Impact Exemption Request Section 12(k)of the Cape Cod Commission Act APPLICANT: Cape Codder Resort c/o Michael D. Ford, Es . q PROJECT#: EX07019 PROJECT: The Cape Codder Resort Expansion 1225 Iyannough Road Hyannis,MA 02601 BOOK/PAGE: 15617/338;Certificate of Title 4160228 DECISION OF THE CAPE COD COMMISSION SUMMARY The Cape Cod Commission(Commission)hereby grants the Development of Regional Impact(DRI) Exemption request of the Cape Codder Resort("Applicant")for the proposed expansion to the Cape Codder Resort located at 1225 Iyannough Road in Hyannis, pursuant to Section 12(k)of the Cape Cod Commission Act(Act), c.716 of the Acts of 1989, as amended and Section 7 of the Enabling Regulations Governing Review of Developments of Regional Impact, Barnstable County Ordinance 90-12 as amended. This decision is rendered pursuant to a vote of the Commission on January 10, 2007. PROJECT DESCRIPTION The.Applicant proposes an expansion of the Cape Codder Resort located on a 12.54 acre site on Iyannough Road (Route 132)in Hyannis. The property is bordered by Route 132 to the north,Bearse's Way to the east,the Barnstable police station to the west; and residential development to the south. The site is located within the Business and Highway Business Cape Codder Resort Expansion/EX07019 Decision January 10,2008 A Pane 1 L� ' ' 1 J r zoning districts and inside a Regional Commercial Center under the Barnstable Local Comprehensive Plan. r The Cape Codder currently consists of a 215,000 s.f. hotel building with 258 licensed units. The.property also contains a spa, swimming pool,tennis court,restaurant,several function rooms, and site parking. The proposed expansion would add 24,000 s.f. (a 6,060 s.f footprint)to the southeast of the main building where the spa(currently 5,045 s.f.)will be relocated. In addition, 15 new hotel units(nine two-bedroom and six three-bedroom)are i proposed to be constructed in the existing second and third floor space of the eastern portion of the main hotel building. The proposal also includes enclosure of the 19,000 s.f. atrium/swimming pool area. PROCEDURAL HISTORY The Applicant submitted a DRI Exemption application on.November 9,2007.The Commission received a mandatory DRI referral from the town of Barnstable on October 16, 2007.The DRI Exemption application was deemed complete on November 15,2007. A duly noticed public hearing was conducted pursuant to Section 5 of the Act by an authorized subcommittee of the Commission on December 12, 2007 at the Barnstable Superior Courthouse.The public hearing was continued to December 28,2007, where it was closed by a hearing officer. The record was left open for the submission of written materials until January 10,2007. , At the December 12, 2007 subcommittee meeting,the subcommittee recommended unanimously that the project be granted a DRI Exemption. A final public hearing was held before the full Commission on January 10, 2008 where the Commission voted unanimously to grant the DRI Exemption. Materials submitted for the record From the Applicant Date received • DRI Exemption application October 1,2007 • Traffic study,revised plans,hazardous materials inventory, partial filing fee November 9,2007 • Abutters list,remainder of filing fee November 13,2007 . • Lighting plan and letter from G. Siroonian re:exterior lighting November 28,2007 • Revised hazardous materials inventory December 5,2007 • . Stormwater facility operations&management plan December 7,2007 From Cape Cod Commission: Date sent: • Letter to M.Ford re: incomplete application October 12,2007 • . Letter to M. Ford re: receipt of DRI referral October 19,2007 • Email to B. Catania re: additional information November 8,2007 • Letter to M. Ford: application complete November 15,2007 • Staff report December 6,2007 From State and Local Officials: Date received: • DRI referral October 19,2007 Cape Codder Resort Expansion/EX07019 Decision January 10,2008 Page 2 From the Public: • No submittals The application and notices of public_hearings relative thereto,the Commission 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. 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 iintreduced nitrogen loading. Martha Hevenor presented a summary of the staff report, noting that a revised hazardous materials inventory was submitted that evening. She discussed how the staff believes the project would not have significant impacts on transportation resources, water resources, natural resources,and community character. Scott Michaud commented on the revised hazardous materials inventory,noting the reduction of oil based paint and pool chemicals. Theresa Fallon, an abutter,expressed concern-about noise from the swimming pool. Mr. 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. Ms. Fallon expressed concern about the noise of the generator. Peter Fallon, an abutter, expressed concern about the pool and said he'd like some more trees planted. The subcommittee asked questions concerning the hazardous materials inventory,the stormwater management plan,the vegetated buffer at the rear of the.site. They voted unanimously to recommend approval of DRI.Exemption request. JURISDICTION The project qualifies as a DRI under Section 3(e)of the DRI Enabling Regulations, Barnstable County Ordinance 90-12'as amended,as a proposed development with"additions to existing buildings that results in an increase of 10,000 square feet of gross floor area" FINDINGS The Commission has considered the application of the Cape Codder Resort for a DRI Exemption for the proposed Cape Codder Resort expansion. Based upon its consideration of such application and information presented at the public hearing and submitted for the record, the Commission makes the following Findings pursuant to Section 12(k)of the Act: Cape Codder Resort Expansion/EX07019 Decision January 10,2008 I Page 3 r r General Gl. The project literally qualifies as a DRI under Section 3(e)of the DRI Enabling Regulations,Barnstable County Ordinance 90-12,.as amended,which.provides that"additions to existing buildings that result in an increase of 10,000 square feet of gross floor area"shall be subject to mandatory DRI review. G2. The project consists of an expansion to the Cape Codder Resort on Route 132 in Hyannis. The Cape Codder currently consists of a 215,000 s.f hotel building with 258 licensed units. The 12.5 acre property also contains a spa, swimming pool,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 the spa(currently 5,045 s.f)will be relocated. In addition, 15 new hotel units(nine two-bedroom and six three-bedroom)are proposed to be constructed in the second and third floor space of the eastern portion of the main hotel building. The proposal also includes enclosure of the 19,000 s.f. atrium/swimming pool area. The site is located with-the Business and Highway Business zoning districts and inside a Regional Commercial Center under the Barnstable LCP. G3. Based on the information submitted for Commission review,the Commission finds that the location,character and environmental effects of the proposed development will prevent its having any significant impacts on the values and purposes specified in Section One of the Cape Cod Commission Act outside of the Town of Barnstable and,therefore,although it literally qualifies as a DRI; it does not require DRI review. G4. Based on the information submitted for Commission review, any change in the impacts of the proposed project.as articulated in this decision and/or a change to the findings of this decision may require further Commission review in accordance with Section 12,Modifications to Approved Projects,of the Enabling Regulations(as amended). G5. The Applicant has met its burden to show that the project should be exempt from DRI review. Water Resources WR1. The project is located in a number of significant water resource areas as classified by the RPP, including an Impaired Water Quality Area. The project site is classified as a Water Quality Improvement Area(as defined by MPS 2.1.1.2.E)because the Impaired Area is also located in a Wellhead Protection Area(as defined by.MPS 2.1.1.2.A)and Marine Water Recharge Area(as defined by MPS 2.1.1.2.C)that discharges to Lewis Bay. Improved water quality in these areas is a major goal of the RPP. WR2. The existing development on the project site is currently connected to sewer. New sanitary wastewater flows from the proposed additional development will also be treated at the municipal wastewater treatment facility. The Applicant Cape Codder Resort Expansion/EX07019 Decision January 10,2008 Page 4 explained at the December 12,2007 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 existing swimming/wave pool. He indicated that wastewater generated by the proposed new pool and spa facilities will be discharged to sewer for disposal at the.municipal wastewater treatment facility. WR3. The proposed project will result in a no-net addition of nitrogen to groundwater and a nitrogen-loading concentration in groundwater of less than 1.5 ppm-N. across the entire site. The project meets the 5-ppm nitrogen loading limit applicable to DRIs in WHPAs. Nitrogen from increased impervious areas will be reduced by vegetation incorporated into proposed stormwater facilities,as detailed on the Stormwater Management plan dated September 2007. WR4. The Applicant provided a hazardous materials inventory for both the existing and —Proposed development that indicates a net reduction in.the hazardous materials to be'stored it the site. Chemicals currently used to disinfect and adjust the pool/spa water pH levels and sanitize laundry will be replaced with new ozone, ultra- violet and carbon-dioxide treatment systems. In addition,the amount of oil based paint stored at the site will be reduced. The hazardous materials inventory details the following changes in the amount of hazardous materials to be stored at the site: ■ 150-1b decrease in bromine biocide(pool chemical),. ■ 75-gallon increase in chlorine biocide(pool chemical), 20-gallon decrease in muriatic acid(hydrochloric acid;pool chemical), ■ 45-gallon decrease in bleach(laundry),and ■ 30-gallon decrease in oil-based paint. WR5. Given the proposed.project's wastewater treatment,stormwater management improvements, and reduction in hazardous materials on-site,the project will not result in any significant impacts to regional water resources. Natural Resources/Open Space NR1. The project site is located within a public wellhead protection area(Zone II),and therefore is mapped as a Significant Natural Resources.Area under the 2002 RPP. The site is not mapped for rare species or rare species habitat,nor are any . wetlands located on the site. The site has.been substantially developed and almost entirely disturbed. NR2. Given the location and existing conditions at the project site,the proposed expansion of the Cape Codder would not have any significant impacts or environmental effects to natural resources of regional significance. Transportation T1. The hotel currently has(and will retain)two(2)full access driveways: a main driveway on Bearse's Way and a secondary driveway on Route 132. Route 132 Cape Codder Resort Expansion/EX07019 Decision January 10,200.8 Page 5 is a regional road as detried in the RPP. The Route 1.32 driveway is within the . limits of the MassHighway project currently underway along the roadway. T2. The applicant's transportation engineer calculated the expected trip generation of this project based on information contained in the Institute of Transportation Engineers Trip Generation manual 7'h Edition.Table 1 shows the net increase in vehicle trips from the existing use. .The increase is not significant. Table 1-.Trip Generation.Estimates/Increase From Current Use Time Period Vehicle Trips Average Daily Traffic 142 Morning Peak Hour 6 Afternoon Peak Hour 1 8 Based on ITE Trip generation manual,70 Edition,LUC 310(Hotel)and LUC 320(motel). T3. The RPP standard of review for safety impacts is 25 or more new peak hour trips through a high crash location. As shown in Table"1,the proposed project is not expected to generate more than 25 new peak hour trips; therefore no regional intersection would be impacted by 25 or more new peak hour trips. T4. The Cape.Codder currently provides the following employee trip reduction strategies: ■ 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 Route 132. T5. No significant new traffic would be added,to the roadway system during the morning and afternoon peak hours as a result of the proposed'project.As such, the proposed project is not expected to have any significant impacts on regional transportation resources. Community Character CC 1. The proposed Cape Codder expansion consists of the enclosure of the atrium, construction of a new spa area in the southeast portion of the main building,and adding 15 residential units within the existing second floor and additional third floor story space of the eastern portion of the main building. Although exterior building samples were not provided,the applicant indicated that the addition will be constructed of a mix of brick,cedar shingles,clapboard siding and.other materials,in concert with the existing building. C62. A large portion of the addition is the in-fill and enclosure of the existing atrium area,and except for the roofline, will not be visible from the roadways. The building layout and configuration of the site will help screen views of the additional residential units and the spa area from adjacent roadways. Cape Codder Resort Expansion/EX07019 Decision January 10,2008 Page 6 CC3. The new parking area at the southeast edge of the site will.extend approximately 30 feet southward into the existing 70 foot vegetated buffer area that borders the adjacent residential property. Project representatives indicated that approximately 40 feet of the buffer area would remain undisturbed. CC4. Exterior lighting'for the proposed project will involve reuse of some existing lights and the addition of new fixtures, including new pole lights,on-building fixtures, and recessed fixtures. The majority of the existing and proposed lights are consistent with the Commission's exterior lighting technical bulletin. Given the limited number of fixtures in question and that the proposed project is a redevelopment/addition to an existing hotel and is located in an already- developed area,the lighting impacts are not significant. CC5. Given the layout of the site,the configuration of the additional building space, and the site location,the proposed project does not present significant community character impacts. + CONCLUSION Based upon the above findings,the Cape Cod Commission hereby concludes that as proposed,the location,character,and environmental effects of the Cape Codder Resort expansion project,as described in this decision, will prevent its having any significant impacts on the values and purposes specified in Section One of the Act outside of the Town of Barnstable(the municipality in which the development is located). Based upon the above findings,the Commission hereby grants the Applicant.a DRI Exemption from the terms and provisions of the Act, pursuant to Section 12(k)of the Act for the proposed expansion to the Cape Codder Resort,located at 1225 Iyannough Road in Hyannis. Prior to the is the Town of`Barnstab5l the Applicant mu t re�cetys a CerttficatenofCompliant om the C4nCod commission. This provision�s`necessaryoto>e s re th�atFthetpro3e�ctl'orwhich=thepplicant received-an xertptron-rs'consiiuctedacc�o ding-to theprooposed-plaf,led°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 a Certificate of Compliance; it will be issued upon completion of a compliance inspection by Commission staff. Cape Codder Resort Expansion/EX07019 Decision January 10,2008 Page 7 This DRI Exemption decision shall be strictly construed, and is valid for three years from the date of issuance. Robert Jones, Ch , ape Cod Commission ate COMMONWEALTH OF MASSACHUSETTS Barnstable, ss 2008 A.o deg. onr°s Before me,the undersigned notary public,personally appeared , in his capacity as Chair of the Cape Cod Commission,whose name-is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was L] photographic identification with signature issued by a fe eral or state governmental agency, [_] oath or affirmation of a credible witness, or personal knowledge of the undersigned. P. Notary Public My Commission Expires: Cape Codder Resort Expansion/EX07019 Draft Decision January 10,2008 Page 8 1 ' OF BAR CAPE COD COMMISSION a � tri 3225 MAIN STREET P.O. BOX 226 2r �h BARNSTABLE, MA 02630 �ssACHAUJ FAX(508)3 2-31136 E-mail:frontdesk@capecodcommission.org PRELIMINARY CERTIFICATE OF COMPLIANCE Date: November 17,2008 Applicant: Cape Codder Resort /t 1225Iyannough Road Hyannis,MA 02601 FROM: Cape Cod Commission l< <R o 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 Certific o c om the Commission. Pa zwi i, ecutiv rect Date C MMONWEALTH Or 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 L]photographic identification with signature issued by a federal or state governmental agency, Ll oath or affirmation of a credible witness,or L]personal knowledge of the undersigned. Notary Public My Commission Expires: r r� a Town of Barnstable-Zoning Board of Appeals-Decision and Notice � 6 Special Permit 2008-007 Part A—Cape Codder Resort 11. The half acre lot zoned Residential C-1, addressed as 0 Settlers lane (Map 273 Parcel 122), if granted a use variance, shall only 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 A for expansion of a nonconformance in lot coverage is granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale - Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider-Town Clerk 8 m s Town of Barnstable-Zoning Board of Appeals-Decision and Notice 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 10/12/07 — A3 (Rescom Architectural, Inc.) ■ Proposed Unit Plans dated 09/24/07 — A4 (Rescom Architectural, Inc.) ■ Proposed Lighting Plan dated 09/24/07 — LT1 (Rescom Architectural, Inc.) 2. The maximum number of hotel rooms permitted including the 15, two and three bedroom interval ownership apartment units shall be limited to not exceed 276 room units. The 15 interval .ownership units to be added shall only be used as transient units that shall not be permanent residences. The total number of 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 of the building permit, the applicant shall revise the plans showing the location and size of all on-site water lines. 6. Development shall be required to meet all applicable building and fire codes. All Fire Department requirements shall be met, including but not limited to standpipes, fire hydrant locations within 100 feet of the building, and interior building sprinkler system 7. All on-site dumpsters shall be screened and shall meet all Board of Health regulations. 8. Chemical storage shall be separated from all electrical utilities and all pool pumping equipment. A plan for that separation shall be developed and approved by the Fire Department and Building Division prior to the issuance of any building permit. That plan shall be fully implemented prior to the issuance of any occupancy permit for any new building area authorized in this permit. 9. The applicant shall work with the Growth Management Department in developing a plan for a multi-use pathway and associated landscaping extending from Phinneys Lane;and including the subject property. The applicant shall be responsible for implementing or funding the construction of the path and the landscaping including gifting and designating 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 required in this area shall also be completed prior to the issuance of an occupancy permit. I OF BAA, CAPE COD COMMISSION O 9� 3225 MAIN STREET v � � P.O. BOX 226 TOI'�1l uF BARN'SJASLE BARNSTABLE, MA 02630 '�ssACHUsti� (508)362-3828 FAX(508)362-3136 2007 DEC 2 1 AM,l l 5 E-mail: frontdesk@capecodcommission.org DE�diSi.I3ld HEARING NOTICE CAPE COD COMMISSION The Cape Cod Commission ("Commission") will conduct a public hearing on Thursday,January 10, 2008 beginning at 3:00 p.m. in the First District Courthouse,Assembly of Delegates Chamber, Route 6A, Barnstable, MA.The following Development of Regional Impact(DRI) has been referred to the Cape Cod Commission under Sections 12(k) and 13(a) of the Cape Cod Commission Act, c. 7.16 of the Acts of 1989, as amended, and Sections 3 and 7 of the DRI Enabling Regulations. The project will be considered for a DRI Exemption and a DRI approval, The purpose of the final hearing is to allow for proposed corrections to and comments on factual information contained in the draft written decision. This project will be heard pursuant to Sections 12(k) and 13(a) of the Cape Cod Commission Act and Sections 3 and 7 of the DRI Enabling Regulations. This notice is being published as required by Section 5 of the Cape Cod Commission Act. Project Name: The Cape Codder Resort Project Applicant: The Cape Codder Resort Project=Location--. .. lr2-25=IyannoughaRoad,Hyannis,MA� Project Description: Proposed expansion of existing resort hotel on a 12.5-acre site on Route 132 in Hyannis. Proposed project includes a 24,000 s.f. three-story addition; 15 new hotel units (six three-bedroom and nine two-bedroom) ., and enclosure of a 19,000 s.f. atrium/swimming pool area. Anyone wishing to testify orally will be welcome to do so. Written comments may also be submitted at the hearing, or delivered or mailed to the Cape Cod Commission, P.O. Box 226, 3225 Main Street, Barnstable, MA 02630 for receipt on or before the date of the hearing or until the record is closed. The application, plans and relevant documents may be viewed by.calling the Commission office at(508) 362-3828 to schedule an appointment between the hours of 8:30 a.m. and 4:30 p.m, If you need a reasonable accommodation, please let us know by January 4, 2008. Please call.the Commission for more information and to make a request. of BAR CAPE COD COMMISSION 3225 MAIN STREET v ® �, P.O. BOX 226 BARNSTABLE, MA 02630 �ssACHUStiC (508).362-3828 FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org HEARING NOTICE CAPE COD COMMISSION The Cape Cod Commission ("Commission") will conduct a public hearing on Wednesday, rj(101 December 12, 2007 at 6:30 p.m. in the Barnstable Superior Courthouse, Rooms 11 and 12, Route �� 6A, Barnstable, MA. The following Development of Regional Impact(DRI) has been referred to the Cape Cod Commission under Sections 12(k) and 13(a) of the Cape Cod Commission Act, c. 716 of the Acts of 1989, as amended, and Sections 3 and 7 of the DRI Enabling Regulations. The project will be considered for a DRI Exemption and a DRI approval. This project will be heard pursuant to Sections 12(k) and 13(a) of the Cape Cod Commission Act and Sections 3 and 7 of the DRI Enabling Regulations. This notice is being published as required by Section 5 of the Cape Cod Commission Act. Project Name: The Cape Codder Resort Project Applicant:- The Cape Codder Resort Pr6ect Ucation: 1225 Iyannough Road, Hyannis, MA Project Description: Proposed expansion of existing resort hotel on a 12.5:-acre site on Route 132 in Hyannis. Proposed project includes a 24,000:s.f. three-story addition; 15 new hotel units(six three-bedroom and nine two-bedroom) and enclosure of a 19,000 s.f. atrium/swimming pool area. Anyone wishing to testify orally will be welcome to do so. Written comments may also be . submitted at the hearing, or delivered or mailed to the Cape Cod Commission, P.O. Box 226, 3225 Main Street, Barnstable, MA 02630 for receipt on or before the date of the hearing or until the record is closed. The application, plans and relevant documents may be viewed by calling the Commission office at(508) 362-3828 to schedule an appointment between the hours pt 8:30 a.m. and 4:30 p.m..If you need a reasonable accommodation, please let us know by December 6, 2007. Please call the Commission for more information and to make a request. f CD Town of Barnstable Wi V{,i �-A11�N 'TA BLE F'THE r 200 Main Street,Hyannis,Massachusetts 0260 V 009 FEB 13 F r i 3: 2 7 ■AMSTABM Growth Management Department Patricia Daley,Director F%639. � 367 Main Street,Hyannis,Massachusetts 0260.1-;..r . sin Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma�us i� February 11, 2008 The Cape Codder Resort c/o Michael D. Ford, Esq. 72 Main Street, P. O. Box 485 West Harwich, MA 02671 r Reference: Site Plan Review#054-07 - The Cape Codder Resort, Hyannis 1225 Iyannough Road, Hyannis;MAC f Map 273, Parcels 023 Proposal: Upgrade existing resort by adding a new spa building and fifteen(15) new hotel P units, and enclosing the existing atrium/swimming pool area. Dear Attorney Ford: Please be advised that subsequent to the formal site plan review meeting on January 24, 2008, the proposal was found to be administratively approvable subject to the following: • Approval is based on plans entitled, "Cape Codder Resort& Spa, 1225 Iyannough Road, Hyannis, MA"prepared by Holmes and McGrath, Inc., Falmouth and Rescom Architectural, Inc., Bourne, MA, dated September 24, 2007 with revisions October 12, 2007 and October 23, 2007. • Approvals from Massachusetts Aeronautics Commission and Federal Aviation Administration will be required. • Onsite storage trailers are not permitted. • Location and size of all onsite waterlines 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. • Applicant must obtain all other applicable permits, licenses and approvals required, including,but not limited to, necessary Zoning Board of Appeals relief. • Applicant must submit final plans to the Site Plan Review Committee which reflect the Zoning Board of Appeals decision. • Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan(Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen M. Swiniarski, SPR Coordinator CC: SPR File Tom Perry,Building Commissioner ZBA File f . r MICHAEL D. FORD ATTORNEY AT LAW 72 MAIN STREET, P.O. BOX 485 WEST HARWICH, MA 02671 TEL. (508)430-1900 FAX (508)430-9979 EMAIL:mdfesq 1 @verizon.net October 1, 2007 Mr. Dorr Fox Chief Regulatory Officer Cape Cod Commission HAND DELIVERED 3225 Main Street Barnstable, MA 02630 RE: DRI Exemption Application—Cape Codder Resort Dear Mr. Fox, Enclosed please find the DRI Exemption Application for the Cape Codder Resort. Also enclosed is one large and 6 small set of plans. This application is sent to you in anticipation of the Town of Barnstable's referral of the project as a DRI. Additional traffic information and a certified list of abutters will be delivered under separate cover. I will be in touch with you regarding the processing of this application. Very truly yours, Michael D. Ford MDF/afl Cc: Client w/o attachments Tom Perry, Building Commissioner Town of Barnstable w/o attachments Ruth Well, Director Barnstable Growth Management w/o attachments \\Main-office\data\Catania\Cape Codder Resort\D Fox letter 10-1-07.doc - Development of Regional Impact (DRI) Referral Form Please attach a copy of the original development permit application or site plan review, subdivision, or other application showing the date on which it was received by the Municipal Agency. Receipt of this information via the U.S. Mail or delivered in person to the Cape Cod Commission constitutes a referral for purposes of Chapter 716 of the Acts of 1989, as amended. Referred by: Town and Agency: Town of Barnstable Official John Klimm, Town Manager --I _Mandatory referral Discretionary Referral Limited Discretionary referral (please see back of this form) Project Name Cape Codder Resort Project Proponent Name Michael D. Ford, Esq. Address P.O. Box 485 West Harwich, MA 02671 Tel: (508) 430-1900 Fax: (508)430-9979 Brief description of the project including, where applicable, gross floor area, lots, units, acres, and specific uses: The proposed project involves the construction and renovation of a resort hotel Presently there is 215,000 sq. ft. within three stories on 12.54 acres This property is fronted by Iyannough Rd. Though the site is located in Zone IU wellhead protection area it is on town sewer. In addition to the 258 licensed units, there is a spa, swimming pool tennis court site restaurant and several function rooms with onsite parking. The applicant proposes to construct 9, two bedroom units, 6 three bedroom units totaling 20,700 square feet. With the total gross floor area totaling over 10,000 square feet, and a proposed 14,700 square foot-indoor water park this project meets the required mandatoKy referral under C nes. Project location: The project locus is adds rssedat25 I annou h Rd. Hyannis List of municipal agency(ies) be ore w is a municipal development permit is pending: An application for a Site Plan Review was requested and subsequentlyquest for a modification G John C. Klimm, Thomas Perry Town Manager Building Commissioner Forward to: Date: 10/12/07 Cape Cod Commission 3225 Main Street Barnstable,MA 02630 For Limited Discretionary Referrals only: y Municipal agencies may make limited discretionary referrals seeking Commission review of development proposals under one or more issue areas within the Cape Cod Commission Regional Policy Plan, as set forth below. If a limited discretionary referral is accepted for review, the Commission will limit its review to those areas specified by the referring agency. The Commission will apply only those Minimum Performance Standards contained within the issue area(s) specified below by the referring agency. Minimum Performance Standards outside of the locally specified issue area(s) will not be applied in the Commission's review. Prior to making a limited discretionary referral,you are strongly encouraged to contact the Commission staff for information concerning the likely scope of the Commission review under a particular issue area. This early contact will eliminate the potential for misunderstanding about the issues the Commission would examine. Please specify one or mare areas for Commission review by checking all that apply to this Limited Discretionary Referral. Land Use/Growth Management Natural Resources Water Resources Coastal Resources Wetlands Wildlife/Plant Habitat Economic Development Community Facilities and Services Transportation Solid and Hazardous Waste Management_ Capital Facilities/Infrastructure Energy Affordable Housing Open Space and Recreation Historic Preservation Effect of referral on local board's time limitation to review an application:: For mandatory DRI referrals, the local review time clock is suspended immediately upon receipt of a DRI referral and resumes upon the Commission's vote to approve or deny the project. For discretionary referrals and limited discretionary referrals, the local time review time clock does not stop unless and until the Commission votes to accept the discretionary referral for review, and it resumes upon'the Commission's vote to approve or deny the project. r Narrative In Support of DRI Exemption The Cape Codder Resort 1225 I an ough Road, His 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 r 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 II/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 project. 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