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HomeMy WebLinkAbout0089 LEWIS BAY ROAD (7) Ali PROJECT i NAME' 1 ADDRESS: PERN!rr PERAM DATE: Ce I(-O I .l M/P• � LARGE ROLLED'PLANS ARE IN: BOX (� SLOT CA Data entered in MAPS program on: T) 13 1 ,75 BY: . ti q/wpfile s/forms/archive ,Ira f:J Bk 27423 Ps206 0-32096 05-31—2013 bl O 1 =3$w AMENDMENT#3 TO REGULATORY AGREEMENT 89 LEWIS BAY ROAD AND 42 SOUTH STREET,HYANNIS This modification to a regulatory agreement("Agreement")is entered by and between the developer, 89 Lewis Bay;LLC("?7eveloper")and the Town of Barnstable("Town"),a municipal corporation,on thi day of ,2013 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WHEREAS The Developer is seeking to amend the existing Agreement to allow for the construction of a+/- 2,960 sq.ft. one story twelve(12)bay detached garage,accessory to the existing 80,000 square foot structure containing the residential condominium use. These 12 garage bays are for the exclusive use of Lewis Bay Court residential 31- condominium owners. WHEREAS the Developer has participated in one informal and three public hearings on the Agreement amendment application and received a majority vote from the Planning Boar&approving the following substantial amendment on February 25,2013; WHEREAS the Developer has participated in a public hearing before the Town Council on the Agreement amendment application and received a majority vote approving the application on March 21,2013; WHEREAS,the 2007 Regulatory Agreement recorded at the Barnstable Registry of Deeds, Book#22250,Page 221and as modified in 2011,recorded at the Barnstable `n Registry of Deeds,Book#25694, Page 67 as amended remains in full force and effect except as modified herein; NOW,THEREFORE,in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other,the Developer and the Town do enter into this Agreement, and hereby agree and covenant as follows:that the regulatory agreement dated July 22, 2007 and recorded at the Barnstable Registry of Deeds,Book#22250,Page 278 be amended as follows 1. Paragraph# 1 a)shall be amended to include the following: "One page Plan entitled `Lewis Bay Cdurt Condominium with Proposed Garage Building' dated August 28, 2012 last revised February 19,2013,as prepared by BSC Group. 2. Paragraph#2 shall be amended to include the following:"The Developer proposes to amend the existing Agreement to allow for the construction of a+/- 2,960 sq. ft. one story twelve(12)bay detached garage,accessory to the existing 80,000 sq. ft. structure. Said garage structure shall be incorporated into and made a part of the Lewis Bay Court Condominium. Each garage bay unit therein shall only be used as accessory to a Residential Unit of the Condominium. 3. Paragraph#5 shall be amended to include the following: "Development rights for the third Amendment of the Agreement shall be exercised and development permits may be obtained hereunder for a period of eighteen months from the date of this Amendment." 4. Paragraph# 18 shall be amended to include the following: "Developer shall relocate or replace all existing plants, shrubs/and/or trees as detailed on attached sketch plan Developer to remove and replant existing material wherever possible any new plants shall be approved by the Director of Growth Management or designee from Growth Management staff as to size and species in accordance with sketch plan submitted by the applicant." 5. Paragraph#38 Parking: shall be amended to include the following: "Relief is granted under Section 240-24.104 to allow for a total of 145 daytime parking spaces of which 12 spaces are garage spaces and 133 outside parking." 6. Paragraph#38 Setbacks: shall be amended to include the following: "Relief is granted under Section 240-24.1.4 to allow for a side setback of 3.4 feet WITNESS WHEREOF,the parties have hereunto caused this Agreement to be executed,on the day and year first above written. Dated this A.2 4 day of ,2013 wlow, isIlia Town of Barnstable . 8tjd&isBauzoe C By: Thomas Lynch By: Charles Principal Barnstable Town Manager BAROTaBLE RMI RYOF DEED ` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION k 3cc3 Map -larcel a�s Application 4n 0 6 / 7:� Health Division -7 5�— t— Date Issued ,/1,3/ Conservation Division �� Application Fee OCR Planning Dept. Permit Fee AQ 42 A Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Str et Address 0-) LcL-_,-ts Village r4hnt Mom► 2bt� Owner CA`4aia� L_Lr Address J\AA� Telephone �S --270 "5,760 Permit Request 0_0 kr-2— &St A) Qy a_- k g,_S, � Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Tot@,new__ 0 Zoning District Flood Plain Groundwater Overlay Z. Project Valuation Construction Type Q Lot Size Grandfathered: ❑Yes ❑ No If yes, attach su porting docun tation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes OqdZ' On Old King's Lighway4-U Yg C9=t�o Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Baserr rn Finished Area (sq.ft.) N11* Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: q existing —new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other /- Central Air: ❑Yes ❑ No Fireplaces: Existing New �fi�- Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review # Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name � " � -S `�'� Telephone Number 7� 2-35 &q Address License # 6A1 JVa a-- '(Y�P2�'`D�tSs`"��1� Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO IrSI ATURE DATE FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED - .y MAP PARCEL NO. ADDRESS VILLAGE OWNER r DATE OF.INSPECTION: -,FOUNDATION FRAME d INSULATION FIREPLACE - ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL `r GAS: ROUGH FINAL a ,h FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' 600 Washington Street Bo ton s MA 02111 . s www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Leffibly NaMe,(Business/Orgmizaton/Individuat): Address: as c5st� City/State/Zip: Phone.#: -7 71( 2SI5 z3<_c i Are you an employer? Check the appropriate box: Type of project(required): 1yn I am a employer with 4. I am a general contractor and I employees (full and/or part-time). * have hired the sub-contractors 6. 0 New construction 2.❑ I am a'sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling ship and have no employees These sub-contractors have g, 0 Demolition working for me in any capacity. employees and have workers' 9. 0 Building addition [No workers'comp.-insurance comp. insurance.# required_] 5. 0 We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself [No workers' comp. right of exemption per.MGL 12.0 Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp.insurance required.] . *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. xContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must providb their workers'comp.policy number. I am an employer that is providing workers compensation insurance for my employees. Below is the policy and job site information Insurance Company Name: Policy#or Self-ins. Lic..#:_�CQD0(0 0 10 2) Expiration Date: Job Site Address:. U 1 [ , wlS City/State/Zip: Mnt S VV-, O2 Env l Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date): Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of crimiiial penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to.$250.00 a day against the violator. Be advised.that a copy of this statement maybe forwarded to the Office of Investigations of the for insurance coverage verification I do hereby ce nd l pains•and penalties of perjury that the information provided above is true and correct a e: Date: 6 Go t e#: <tt Official use only. Do not write in this area,to be completed by crty or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building.Department 3.City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6. Other i Contact Person: Phone#: TVHE Town of Barnstable Regulatory Services MAIMSTAB ass $ Thomas F. Geiler,Director 1634 '°rEn�cta Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Us ing A Builder as Owner of the subject property hereby autho l to act on my behalf, in all matters relative to work authorized by this building pen-nit application for. (Address offob) Si tu:�e of Own ,r Date Print Name if Pro e Owner P rty Own is applying for permit please complete the Homeowners License Exemption Form on the reverse side. 0PMS:O WNERPERMISSION Massach _ems Board of usetts -De Building Regartment of Publi Construction c ulations and S Safety ' Li Supen isor ta cense: Super' 102 �dards RIVEH�C RD MARST SS �� 42 2G48 r' Commissioner Expiration 09/16/2014 02/26/2013 13:49 FAX 6174886501 UNDERWRITING lam ._... E9/2612013 TS UPON THE CERTIFICATE HOLDER.THIS FICATE DOES NOT GIs CERTIFICATE ib ISSUED AS A MATTEINFORMATION R AL 7 R ONL THE COVERAGE AFFORDED BY THE POLICIES BELOW,THI8 CERTIFICATE OF I INSURANCE DOES FFIRMATIVELY OR NEGATIVELY AMEND, EXTEND O REFREBENTATIVE OR R,AND THE CERTIFICATE�(011 OT CONSTITUTE A CONTRAGToIdBETWEEN ADDITtONA ISSUING NSUREOERh•1 o11�T()(Jos) be endorsio. 113U131ill JONES WAIVED dub ict(o the wren sand condlUDtn APORTANT: If(h•CerllficsfA h p Cy f th•pOIICy,cartaln pDIlClss may require an endorsement. A Statamen.on this co coHrACa�'not conlvr Fights to the certificate hDid•t in lieu Of XUCh ando(a•m•Olsla ooDvcaA PHONE 1,Vc.NO.EXI): 508 477 0021 FAA No.l aul Peters Agency,Inc. I:.Nw(L 80 Falmouth Road DORES6: vRonurx-a Aashpee,MA 02649 ME�GEA,IC INSURERS AFFORDING COV INSURE RA Atlantic Chattcr Insurance Com IaVREO INSURER B: )Ccan5idc CDOStruclion,Inc. INSURERC: INSURER 0 119 River Road INSURERE: vlarstons Mills,MA 02648 INSURERF: COVERAGES: CERTIFICATE NUMBER: REVISION NUMBER:,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCEE LISTED BELOW HAVE BEEN 199UE0 TO R INSURED NAMED WITH a FOP THE POLICY PETHIS RIOD INDICA TED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH IN I$SUBJECT TO ALL THE T[RM$, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIM179 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS - ADDL MOM POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION tin Thousand 1 NOR TYPE OF INSURANCE INSR YYVD DATE(MM1DDrVY) DATE(AIOUDOfM ,TR CACM OCCURRENCE F OENERAL LIABILITY DAMAGE TO RENTED PTLEMIBEa + CEO umw~w COMMERGALGEN(`ERALIUABILITY ❑� PIED EXP LARY tlly INnQN VA E CLA /MIDE I ' OCCUR Pli L•ADV RUVRY I L_.,.1 INEML AGGREGATE 1 PRODUCTS•COSIP/OP AGO L GEHL AOORSOATS LIMIT APPL lS PER POLICY a PACIECT D La' COMBINED WES (Ea AociAVTDMOBILE LIABILITYBODILY R'ANY AUTO (Par Panoo)ALL OWWO AUI ❑Q bDOILY IN(Ea Acrk-acHFOULED AUTOaPROPERTHIRED AUTOS (Ea ADM.NON.O M1OF0 AUTOS GACH OCD OCCURNA�TYAGGREGEXCESAVAS ao DEOUCYIBLE S a RETENTION STATUTORY ORKERS COIKPENSATION AND WCV00617206 02/03/2013 02/032014 X LIMITS oTNER A EMPLOYERS'LIABIUTY YIN UCH ACCIDENT s I'ODU,oUU ANT FROPRIETpyPAKTNERAXECVTIVt NIA policy Coverage State:MA OFFICEWMIlImi ESGIVOIll N DIBEAOE-POLICY LIMIT 1 1,000.000 MW I,ory M NN II„/.41/ci VIO/I a►ECML►AOVtali bloc DISEASE.EACH EMPLOYEE a 1,000,000 OTHER 4—� .,. DaSC AIITiON OF DPaMbolm/WCATIOWMtNNai&1A11aaA ACORD.TOI,A••NIonN Ru11aAv atn.hb,N mvn Fpw N namrtq , I I I , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOKJO MAIL )ohn Hutchins 12 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. PO Box 159 BU7 FAILURE TO 00 ;O$HAL POSE NO OBLIGATION OR LWBILITY Murstons Mills,MA 02648 OF ANY KING UPON THE IN ITS AGENTSJOR ESENTATIVEb AVT 11 1zt0 REPRESENTATLYE AIIriDhts nitmelf, t ACORD r6120'"10t) CKRT11F1CA'cF:HOLDER COPY Pap•1 of 1 The Commonwealth of Massachusetts William Francis Galvin -... Page 1 of 2 The Commonwealth of Massachusetts William Francis Galvin y Secretary of the Commonwealth, Corporations '. Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 89 LEWIS BAY LLC Summary Screen Help with this form Request.a.:Cl;if a e;� :, I The exact name of the Domestic Limited Liability Company (LLC): 89 LEWIS BAY LLC Entity Type: Domestic Limited Liability Company (LLC) Identification Number: 001025441 Date of Organization in Massachusetts: 04/01/2010 The location of its principal office: No. and Street: 540 MAIN ST. #18 City or Town: HYANNIS State: MA Zip: 02601 Country: USA If the business entity is organized wholly to do business outside Massachusetts, the location of that office: No. and Street: City or Town: State: Zip: Country: The name and address of the Resident Agent: Name: CHARLES F. DOE, JR. No. and Street: 52 SHIP'S EAGLE LN. City or Town: OSTERVILLE State: MA Zip: 02655 Country: USA The name and business address of each manager: Title Individual Name Address (no PO Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code MANAGER CHARLES F. DOE JR. 540 MAIN ST. #18 HYANNIS, MA 02601 USA http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.a... 6/7/2013 The Commonwealth of Massachusetts William Francis Galvin -... Page 2 of 2 The name and business address of the person in addition to the manager, who is authorized to execute documents to be filed with the Corporations Division. Title Individual Name Address (no PO Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code The name and business address of the person(s) authorized to execute, acknowledge, deliver and record any recordable instrument purporting to affect an interest in real property Title Individual Name Address (no PO Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code REAL PROPERTY CHARLES F. DOE JR. 540 MAIN ST. #18 HYANNIS, MA 02601 USA Consent Manufacturer — Confidential — Does Not Require Data Annual Report Resident Partnership Agent For Profit Merger Allowed - - Select a type of filing from below to view this business entity filings: ALL FILINGS ? "Annual Report Annual Report-Professionalk Articles of Entity Conversion Certificate of Amendment R77 View Filings '°1N w Search M Comments ©2001 2013 Commonwealth of Massachusetts All Rights Reserved Help http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.a... 6/7/2013 AMENDMENT# 3 TO REGULATORY AGREEMENT 89 LEWIS BAY ROAD AND 42 SOUTH STREET, HYANNIS This modification to a regulatory agreement("Agreement") is entered by and between the developer, 89 Lewis Bay, LLC ("Developer") and the Town of Barnstable ("Town"), a municipal corporation, on thisday of 11 n j , 2013 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WHEREAS The Developer is seeking to amend the existing Agreement to allow for the construction of a+/- 2,960 sq. ft. one story twelve (12)bay detached garage, accessory to the existing 80,000 square foot structure containing the residential condominium use. These 12 garage bays are for the exclusive use of Lewis Bay Court residential condominium owners. WHEREAS the Developer has participated in one informal and three public hearings on the Agreement.amendment application and received a majority vote from the Planning V Board approving the following substantial amendment on February 25, 2013; WHEREAS the Developer has participated in a public hearing before the Town Council on the Agreement amendment application and received a majority vote approving the application on March 21, 2013; WHEREAS, the 2007 Regulatory Agreement recorded at the Barnstable Registry of Deeds, Book#22250, Page 278 and as modified in 2011, recorded at the Bam able w Registry of Deeds, Book#25694, Page 67 as amended remains in full force effect ,. except as modified herein; � � NOW,THEREFORE, in consideration of the agreements and covenants herein fter set forth, and other good and valuable consideration,the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other,the Developer and I he TowrF? do enter into this Agreement, and hereby agree and covenant as follows: that th, C) regulatory agreement dated July 22, 2007 and recorded at the Barnstable Registry of 110 Deeds, Book#22250, Page 278 be amended as follows 1. Paragraph# 1 a) shall be amended to include the following: "One page Plan entitled `Lewis Bay Court Condominium with Proposed Garage Building' dated August 28, 2012 last revised February 19, 2013, as prepared by BSC Group. 2. Paragraph#2 shall be amended to include the following: "The Developer proposes to amend the existing Agreement to allow for the construction of a+/- 2,960 sq. ft. one story twelve (12) bay detached garage, accessory to the existing 80,000 sq. ft. structure. Said garage structure shall be incorporated into and made a part of the Lewis Bay Court Condominium. Each garage bay unit therein shall only be used as accessory to a Residential Unit of the Condominium. 3. Paragraph# 5 shall be amended to include the following: "Development rights for the third Amendment of the Agreement shall be exercised and development permits may be obtained hereunder for a period of eighteen months from the date of this Amendment." 4. Paragraph# 18 shall be amended to include the following: "Developer shall relocate or replace all existing plants, shrubs/and/or trees as detailed on attached sketch plan Developer to remove and replant existing material wherever possible any new plants shall be approved by the Director of Growth Management or designee from Growth Management staff as to size and species in accordance with sketch plan submitted by the applicant." 5. Paragraph# 38 Parking: shall be amended to include the following: "Relief is granted under Section 240-24.104 to allow for a total of 145 daytime parking spaces of which 12 spaces are garage spaces and 133 outside parking." 6. Paragraph# 38 Setbacks: shall be amended to include the following: "Relief is granted under Section 240-24.1.4 to allow for a side setback of 3.4 feet WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. Dated this >'`�'� day of _etLZ , 2013 Town of Barnstable 8 ewis Ba L C By: Thomas Lynch By: Charles oe Principal Barnstable Town Manager BARNSTABLE REGISTRY OF DEEDS Herrand, Karen From: Herrand, Karen Sent: Thursday, July 18, 2013 10:32 AM To: 'ghanley@c�pecodcommission.org' Cc: Quirk, Ann; Perry, Tom; Buntich, JoAnne Subject: Planning Board - Reg. Agrmnt Modification 89 Lewis Bay LLC and Notice to be published mod reg agrmnt 89 Lewis bay.pd... Please find attached copy, as recorded, of Modification to a Regulatory Agreement for the above- identified matter. Regards, Xare,t Karen Herrand, Principal Assistant ' ` Planning Board, Growth Management Dept. 200 Main Street Hyannis, MA 02601 508 862 4064 E, `i 1 t i 1 dFTME The Town of Barnstable Baamstable Growth Management Department ;f°"ft; M"659 Jo Anne Miller Buntich,Director I I 163q.��60 AARt Regulatory Section-200 Main Street,Hyannis,MA 02601 2007 Phone508-862-4678 Fax 508-862-4784 www.town.barnstable.ma.us/2rowthmana2ement July 18, 2013 J To: Gail Hanley, Clerk of the Cape Cod Commission Ann Quirk, Town Clerk, Town of Barnstable Xom Perry, Building Commissioner, Town of Barnstable From: Art raczyk, Regulatory/Design Review Planner File 20 3-01-18-Transmittal RA Notification-3'Mod 89 Lewis Bay LLC Reference: Third Modification of Regulatory Agreement between Town of Barnstable and 89 Lewis Bay LLC for property addressed 89 Lewis Bay Road and 42 South Street, Hyannis, MA Enclosed please find a copy of the 3`d Modification to the 2007 Regulatory Agreement between the Town of Barnstable and 89 Lewis Bay LLC, Charles P. Doe, Principal. The modification provides for the construction of an accessory one-story, 12-bay detached garage of +/-2,960 sq.ft., for the exclusive use of Lewis Bay Court Residential Condominium owners. Attach: Copy of Regulatory Agreement Modification Copy of Summary Public Notice Copy:. Planning Board File—89 Lewis Bay LLC Jo Anne Miller Buntich, Director, Growth Management Department i Bk 27423 P:9206 - - 05-31-2013 al 01 %38P AMENDMENT#3 TO REGULATORY AGREEMENT 89 LEWIS BAY ROAD AND 42 SOUTH STREET, HYANNIS This modification to a regulatory agreement("Agreement")is entered by and between the developer, 89 Lewis Bay,LLC("Peveloper")and the Town of Barnstable("Town"),a municipal corporation, on thi day of Wy 2013 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; Y WHEREAS The Developer is seeking to amend the existing Agreement to allow for the construction of a+/-2,960 sq. ft. one story twelve(12)bay detached garage,accessory to the existing 80,000 square foot structure containing the residential condominium use. d These 12 garage bays are for the exclusive use of Lewis Bay Court residential condominium owners. WHEREAS the Developer has participated in one informal and three public hearings on the Agreement amendment application and received a majority vote from the Planning Board approving the following substantial amendment on F 2 pp g g February 5,2013; WHEREAS the Developer has participated in a public hearing before the Town Council on the Agreement amendment application and received a majority vote approving the application on March 21,2013; WHEREAS,the 2007 Regulatory Agreement recorded at the Barnstable Registry of Deeds,Book#22250,Page 278 and as modified in 2011,recorded at the'Barnstable Registry of Deeds,Book#25694, Page 67 as amended remains in full force and effect except as modified herein; NOW,THEREFORE,in consideration of the agreements and covenants hereinafter set forth,and other good and valuable consideration,the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other,the Developer and the Town do enter into this Agreement, and hereby agree and covenant as follows: that the regulatory agreement dated July 22, 2007 and recorded at the Barnstable Registry of Deeds,Book#22250,Page 278 be amended as follows l. Paragraph# 1 a)shall be amended to include the following: "One page Plan entitled `Lewis Bay C60d Condominium with Proposed Garage Building' dated August 28, 2012 last revised February 19,2013,as prepared by BSC Group. 2. Paragraph#2 shall be amended to include the following: "The Developer proposes to amend the existing Agreement to allow for the construction of a+/- 2,960 sq. ft. one story twelve(12)bay detached garage,accessory to the existing 80;000 sq. ft. structure. Said garage structure shall be incorporated into and made a part of the Lewis Bay Court Condominium. Each garage bay unit therein shall only be used as accessory to a Residential Unit of the Condominium. 3. Paragraph#5 shall be amended to include the following: "Development rights for the third Amendment of the Agreement shall be exercised and development permits may be obtained hereunder for a period of eighteen months from the date of this Amendment." � 4. Paragraph# 18 shall be amended to include the following: "Developer shall relocate or replace all existing plants,shrubs/and/or trees as detailed on attached sketch plan Developer to remove and replant existing material wherever possible any new plants shall be approved by the Director of Growth Management or designee from Growth Management staff as to size and species in accordance with sketch plan submitted by the applicant." 5. Paragraph# 38 Parking: shall be amended to include the following: "Relief is granted under Section 240-24.104 to allow for a total of 145 daytime parking spaces of which 12 spaces are garage spaces and 133 outside parking." 6. Paragraph#38 Setbacks: shall be amended to include the following: "Relief is granted under Section 240-24.1.4 to allow for a side setback of 3.4 feet WITNESS WHEREOF,the parties have hereunto caused this Agreement to be executed,on the day and year first above written. Dated this .2-7 4 day of , 2013 . ///,/ Town of Barnstable . 8 wis Ba L C By: Thomas Lynch By: Charles oe Principal Barnstable Town Manager BARNSTABLE REGISTRY OF DEEDS I I Notice of Third Modification to Regulatory Agreement 89 Lewis Bay,LLC For property addressed 89 Lewis Bay Road and 42 South Street,Hyannis,MA Pursuant to Chapter 168 of the Code of the Town of Barnstable,the Town of Barnstable (the"Town") and 89 Lewis Bay,LLC, Charles P. Doe,Principal (the"Developers")have entered into a modification of the Regulatory Agreement originally executed on July 26, 2007, and previously modified August 24, 2011. This modification provides for the construction of an accessory one-story, 12-bay detached garage of+/-2,960 sq.ft.,for the exclusive use of Lewis Bay Court Residential Condominium owners. The subject property is addressed 89 Lewis Bay Road and 42 South Street,Hyannis,MA, as shown on Assessor's.Map 327 as Parcels 223 and 241. The property is within the Hyannis Village Zoning Districts, Medical Services and Harbor Districts. Copies of the Regulatory Agreement Modification are available for public inspection at the Growth Management Department, Town Offices,200 Main Street,Hyannis, MA or at the Town Clerks Office, Town Hall, 367 Main Street,Hyannis, MA between the hours of 8:30 a.m. and 4:30 p.m, Monday through Friday. Barnstable Patriot Matthew K.Teague, Chair July 26,2013 Planning Board 6 , INDEX OF DRAWINGS Architect o �o y 9 Al E v �'-ARCHITECTURAL GENERALS FOUNDATIONNOTES,FOUNDATION PLAN.GARAGE FLOOR PLAN.FXIF IGR FJ,EVSF AL� r ARAGE SECTION S DETAE.S 00 ARCHITECTURAL COURT PROPOSED GARAGE N JEFFERSON GROUP ARCHITECTS INC. ADDITION 700 School Street Unit 2 w ' Pawtucket, RI 02860 Phone.(401) 721-2245 Fax.(401) 721-2238 �•/ 89 LEWIS BAY, LLC 540 MAIN STREET HYANNIS, MA 02601 Q w I T I a 1 I I 1 �- It I PROPOSED - 12 CAR GARAGE I e ! w AREA=2,948s.f. U Cn jiff I I w LOCUS 1V1tiC xz'=,. ISSUED FOR CONSTRUCTION: MARCH 21, 2013 I 9 p P r P. P I. " N pi a Fa Fj i p0 oft pal m sr'?- .g , s r cn r R t all b m �yy if II • a QSal O II a4l sr-0• T'L— — -�____�____ , I I I I Q'r ----- II II II r I I I II II � D � � j t•t � II II I I 1 1 - - II I I I li li_ L M -------- I GoI r I I I I co :�T0T I I co -n I I co� _ � y � II HMO II # Igg m �7 II mZ II m m 6i ; 0 � � II m II g -n I q t -n bn II b0 r be I �lB I II II 0 r z I I H rz +. v - - --i i z I I I I II II 0 II II ce I I i l ------- b I I I o I II II 4 --------, I I I I I �n it II r ` I j I II II J I I I I II I II I I - -- ; -- ---- -- I II II b+ I I a a ti l 6 I I I I I I ap - - I MAR g m SHEETTTRE PRDWNAAE REVISIONS ca+suLTaxrwoo TweauwacePunaw ,(q GENERAL NOTES-FOUNDATION NOTES �, �,� ��, D N = FOUNDATION PLAN LEWIS BAY COURTroML � G N o 0 89 LEWIS BAY ROAD a OF A �y N 9 GARAGE FLOOR PLAN HYANNIS,MA 02601 OE ■ °° EXTERIOR ELEVATIONS BO�TN � "^ �9tM OFT1 WAffir B AMA m 9MK0FNVM[9MWAYM I9 moo:. SC1MMMIR®ASMiA4BIIRT _ OF. F�l 1 fig + + + + l �� + N + + 0 + + + lylr + + � � mD 7+++ ++ � m ++ !„ � . � p oil fill fill oil . _ m _ it r •. d r b y n•n'nuunununu11 m Z ? ' i r F I; M SKESTTME' PMWTwuE* REVISIONS Cd7SMTMTLM. TODRWMIBPM o GARAGE SECTION&DETAILS „, �, DJ F N LEWIS BAY COURT Z N=3 A 89 LEWIS BAY ROAD CMN ."° TO 4 y N N N 9 HYANNIS,MA 02601 VEMVATM. ON a m� srovEawvacros o�; � ecvmunaawm,�s Q, N n