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HomeMy WebLinkAbout0500 MAIN STREET (HYANNIS) (2) ©d &2 i Barnstable Hyannis Main Street Waterfront oFtHe Tory Historic District Commission AH-pmefiraciiy 200 Main Street anFuvsrnsrE Hyannis,Massachusetts 02601 ve MAC ma Phone: 508-862-4665 / Fax: 508-862-4784 o i639 �� iOTFn nnA'�A 2007 George A. Jessop,Jr.AIA, Chair Marylou Fair,Administrative Assistant Elizabeth Jenkins,Principal Planner Disappr--oval" July 8, 2010 0 Linda Hutchenrider,Town Clerk Town Hall -_ 367 Main Street Hyannis,MA 02601 X Re: Disapproval of Certificate of Appropriateness for a new sign,Sabrina Metlow,Psychic Vision The Hyannis Main Street Waterfront Historic District Commission,pursuant to the Code of the Town of Barnstable Chapter 112,Historic Properties,Article III,Hyannis Main Street Waterfront Historic District,hereby disapproves a requested Certificate of Appropriateness for the following property: Property Address; 5`,05 Main-Street;Hyannis``° Assessor's Map/Parcel: 308 093 The Hyannis Main Street Waterfront Historic District Commission considered the above referenced application on June 16,2010 and July 7,2010. A public hearing before the Commission was duly posted and notice sent to all abutters and interested parties in accordance with MGL Chapter 40C. The application was continued at the June 16, 2010 meeting, at which time the Commission provided recommendations to the applicant as to how to make the proposed sign acceptable to the Commission. At the July 7,2010 hearing,as a result of lack of representation by the applicant and failure of the applicant to request an extension of time limits established by Section 112-31 (D) and(E),the Commission voted to procedurally disapprove the requested Certificate of Appropriateness for a new sign at 505 Main Street,Hyannis. Present and voting in opposition to grant the certificate of appropriateness were: George Jessop, Barbara Flinn,Marina Atsalis, Joe Cotellessa,William Cronin,Meaghann Kenney,Paul Arnold Absent: Dave Columbo,Dave Dumont Sincerely,; George .-Jessop,Jr., Chair Hyannis Ma' Sme=Waterfront Hi' oric District Commission cc: brina Metlow,Psychic Vision,Applicant Zm Perry,Building Commissioner File `"E " Hyannis Main Street 'Waterfront Historic District Commission ' 200 Main Street ? Q ����` Hyannis,Massachusetts 02601 ca ;ca TEL: 508-862-4665/FAX: 508-862-4725 Application to Ch -Hyannis Main Street Waterfront Historic.District Commission in the Town of Barnstable for a _ 11) - ---7 = --- ------------------_CERTIFICATE OF-ARPROPRIATENESS- Application is hereby made, in triplicate,for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for: PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ® Commercial ❑ Other 2. Exterior Painting: ❑' 3. Signs or Billboards: 56 New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other 5. Parking Lot: 0 New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) TYPE OR PRINT LEGIBLY DATE ASSESSOR'S MAP NO.3Z)b ASSESSOR'S PARCEL N0. / APPLICANT;i G 6 ) M DLAJ TEL.NO.5 U�}I 't -fl 6 �k 6 1. APPLICANT MAILING ADDRESS ;�;O s +" //V ADDRESS OF PROPOSED WORK �50 5 &A 1���� PROPERTYOWNERe. I. Ut' IL 7_77, •NO: � OWNER MAILING ADDRESS L-70 ? L � � - `''} 4f C FULL NAMES AND MAILING ADDRESSES OF ABUTFInnn. Bk3S.Include namel of adjacent property owners across any public street or way. This info titisn i b�est_obfai dd dEthe own Assessor's Office. (Attach additional sheet if necessary). LEU V 9 MAY 9 Zola. es I I r i uviv ur=er�,iRiv,iHts�t HISTORIC[PRESERVATION e AGENT OR CONTRACTOR 60 X �4 I A?A1 TEL.NO.,Z;QQ 7q o 01 16 ADDRESS i f DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors,window and door frames, trim, gutters - leaders,roofing and paint color, including materials to be used,if specifications do not accompany plans. In:the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). Signed N� W 5 f y N Owner—Contractor—Agent (CIRCLE ONE) SPACE BELOW LINE FOR COMMISSION USE Received b HMSWHDC— Date This Certificate is hereby rl.� S Time FAY ti $ Date By n n nnicTnA�LE Si HISTORIC PRESERVATION IMPORTANT:If this Certificate is approved,approval is subject to the 20=day appeal period provided in the Ordinance. CONDITIONS OF APPROVAL: UN I. Barnstable Hyannis Main Street Waterfront of SHe r All-America City P., ti Historic District Commission t4 o� 200 Main Street BARNSTABLE, ; Hyannis, Massachusetts 02601 9� MASS. 9, Phone: 508-862-4665 / Fax: 508-862-4784 ATE p ,t a www.town.bamstable.ma.us 2007 George A. Jessop, Jr.AIA,Chair Marylou Fair, Commission Assistant SPECIFICATION SHEET FOR SIGNAGE • Prior to filing your application for a Certificate of Appropriateness,please contact Robin, the Town's Zoning Enforcement Officer, at 508-862-4027 to discuss the amount of signage allowed for your building, as well as any.other Town Sign Code regulations which may affect the sign(s)you propose to install. • Even if you are applying for the same amount of signage as previously existed on your building, the laws may have changed since that sign was installed. • Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide all information regarding the temporary sign permitting process. • Please fill out all information requested below. • If you are applying for Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. BE SURE THAT YOU HAVE INCLUDED WITH YOUR APPLICATION: • . a scale drawing of the proposed sign • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign,.are indicated • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Size of sign 0 5 jee C. (3o" X .�gid e2-t ` j"-/ i Material(s) of sign Al/v m h I n A I vo Ur.1 Material of Lettering (if different) I h The.Sign will be (circle one): carved wood_ / painted wood n 1 letterin other (explain) -- DECE0 E Location in which the sign sill hang alp l uu Will there be exterior light fixtures to light the sign? NO Tr)%tm nr RAQ ocTABLE If so, what type of fixture.. _HISTORIC PRESERJAT10 v Where will the fixture(s) be located? /A/0 1� d r LAJ Lil !WA LLJ EC E V E � MID MAY 2 8 .-' TOWN OF BARNSTABLE r HISTORIC PRESERVATION i i. 06/ 15/2009 J �� O` c II � � G �� � � �� William 100 North Front Street New Bedford,fv1A 02740 (508)997-6881 StreetFax(508)997-0323 Corp. April 2,2004 Dear Ms. Richardson: The following information is being provided for the Cape Cod Commission. Please not that we do not have any information available relative to Tax Data(7#). 1. Total number of individuals to be employed at site after construction is completed: Currently 78 full-time, 1 part-time 2. Total number of full-time FTE's to be employed at the site after construction: Currently 78 full-time 3. Employee characteristics: •of workers within Barnstable County: 81% •of employees considered disabled,elderly,or a minority group: 8% •of employees that have been unemployed or under-employed: 0% 4. Wage data: Total wages to be paid annually to all employees: $3.7 million Average hourly wage: $24.07 Median hourly wage: $22.91 Maximum hourly wage: $37.85 Minimum hourly wage: $12.76 5. List of all benefits offered to employee: Health insurance Dental insurance Vision care Long-and short-term disability insurance Massachusetts state retirement • Page 2 April 2,2004 Sick/personal/vacation leave Paid holidays Basic Life and Optional Life Insurance Direct Deposit Credit Union Deductions Deferred Compensation Dependant Care Assistance Program (DCAP) In addition, most social workers average 1-1.5 days in the office every week. The remainder of the time is spent in the field. I have attached an entry level social worker posting as well ( the posting is for New Chardon Street: however, the job description would remain the same throughout the state). Sincerely, William Street Giangregorio, Robin From: Andrea Adams [aadams@capecodcommission.org] Sent: Tuesday, April 20, 2004 9:50 AM To: Giangregorio, Robin Subject: 500 Block Project- Information from Applicant Importance: High Robin: I just got off the telephone with Mr. Bishins of William Street Corp. I explained that the Commission did not yet have evidence that he had provided to the Town the information relative to the Change of Use determination. He said that he had over-nighted the information to the Town, apparently via UPS. He claimed he had the UPS slip showing that someone at 200 Main had signed for it - he couldn't remember who. In any case, he said he would put together another packet of the information he had submitted to the Commission, and drop it off today before Noon at 200 Main Street. He said he would address the envelope to you. The information he should provide (what he gave to the Commission) should include: 1. A set of site plans. 2. The Change of Use Application. 3. The deed for the property in question. 4. An April 2, 2004 letter on economic development information, including a sample job posting for an entry level position with DSS, showing potential salary and benefits. If he does, indeed, drop the information off, would you please send me an E-mail? This will then serve as evidence that the Town has received all of the information that the Commission currently has for this project. Thank you for your help and patience with this project. -Andrea Adams Planner/Hazardous Waste Specialist Cape Cod Commission 1 Of BAR'('s CAPE COD COMMISSION 3225 MAIN STREET P.O. BOX 226 BARNSTABLE, MA 02630 'r9SSA �JS (508)362-3828 CH FAX(508)362-3136 E-mail:f rontdesk 0 capecodcom mission.org Certified Mail April 13, 2004 Paul Bishins William Street Corp. 100 North Front Street New Bedford, MA 02740 Dear Mr. Bishins: This letter concerns the 500 Main Street/Hyannis project. Cape Cod Commission . (Commission) staff has been advised that interior renovations of the existing building at the site are continuing while the Commission, through its Regulatory Committee, is in the process of reviewing the Change of Use proposal in accordance with Section 4 of the Commission's Enabling Regulations. The Regulatory Committee may determine that further review by the Commission of the project, the building and/or the site is warranted. If this determination is made, the Commission may then require changes be made to the proposed project, including but not limited to the building or site. As such, please be advised that any work done to the building or the site which is undertaken, is in process, or is completed before the Regulatory Committee has come to a determination about whether any aspect of the project or site warrants further Commission review is done at your own risk. Please contact me should you have any questions concerning this letter, or the Commission's review process. Sincerely, 04,1� Dorr S. Fox Chief Regulatory Officer Cc: File Thomas A. Broadrick, Barnstable Director of Planning, Zoning & Historic Preservation Robin Giangregorio, Barnstable Site Plan Review Kevin J. Shea, Director, Barnstable's Office of Community & Economic Development i U4/ZUI Zt3rJ4' I 14 5bti-yy r-b:i1:i B.S.&ERIKA REALTIES PAGE 01104 6264w �L,ca6/1 RUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS that AvRANI J. GOLDSERG, ARTHUR S. ROBBINS, SAMUEL W. W. MANDELL, JOSEPH D. McOLINCHEY and CHARLES A. RICHARDS, as they are Trustees of NVANNIS REALTY TRUST under a Declaration Of Trust dated May 25, 1993 and duly registered as Document No. 37598 with the Barnstable Registry District of the Land Court, having its principal offices in 9raintree, Norfolk County, Massachusetts (hereinafter referred to as "Grantors".) , in consideration of the sum of ONE MILLION SIX HUNDRED THOUSAND AND N0/100 ($11600,000.00) DOLLARS do hereby grant to LARRY SHWARTZ having an address at 36 WhiteVW Drive, Dartmouth, Massachusetts and THEODORE SHWARTZ havingq an address at P.O. Box 93►: Dartmouth, Massachusetts, as tenants In common (hereinafter referred to ae "Grantees"), WITH QUITCLAIM COVENANTS, those certain parcels oL land and improvements thereon situated in that part of the Town •af Barnstable known as Hyannis, Barnstable County, Massachusetts, as more particularly described as follows (the "Property") : Lot@ 27, 20, 29 and 30 and the fee in the "Private Way" all as shown on subdivision plan 15190-H dated April 29, 1989, drawn by Nickerson a Berger, Inc. , K.L.S. S P.E. , and filed in the Land Registration Office at Boston. The property is being conveyped subject to and with the benefit of, as the case may be, All mathere of record title noted on Certificates of Title Nos. 26981, 19306 and 19195 issued by the Registry District of Barnstable County, and subject further to the Zoning By-Laws of the Town of Barnstable and to real estate taxes for the 1990 fiscal tax year, which Grantees assume and hereby agree to pay. Grantees covenant and agree with the Grantors, as followal (I) that for a period of 'thirty (30) yearb from the date of recording of this deed, neither the Property, nor any building or bulldinge or structure or ■tructuras From time to time thereon, or any ppart thereof, shall be used for the retail sale of groceries, or provisions, or bakery products, or fruit or vegetabies► or fish or meat, er any other kind of food product, or any combination of the foregoing for canaumpption off the premises, provided nevertheless that, (l) notwithstanding the foregoing# not, more than 4 000 ®qquare feet of flooe space may be used for ouch Bale, Including in the computation of ouch floor space, areas used for storage and the preparation of any such itemet (2) the foregoing shall not be dammed to prohibit the conduct on the property of a whole§ale food distribution business, provided that such wholesale food distribution business shell be limited to the wholesale sale of food items in bulk to the "trade" and ,Will not be open to the general public) and (3) the foregoing shall not be deemed to prohibit the conduct on the Property of a '. restaurant business, provided that such restaurant business i shall be limited to the Bala of pprepared meals for consumption on the premises, It being agreed that the male of any other prepared, froten or fresh food items from said restaurant for consumption off the premises (other than take-out orders of regular menu items) is expressly prohibitedl (ii) that said restriction shall inure to the benefit of the Grantors, any stockholder or owner of the Grantors, and their respective successors and assignst (Ili) that said restriction is and shall 'be deemed to be A personal covenant and a covenant running with the land or an equitable servitude as the case may b■l Post-it®Fax Note 7671 Date a pages Fro CoJDept. Co, Phone# Phone# tf F0 .Z. ,� Fax# f 1�4/'Lb/L1�t74 1'L:11 !3ud_yy(—b:j�ej S.S.&ERIKA REALTIES PAGE 01 QUITCLAIM dfED 7).V14 Alb KNOW ALL MEN BY THEE PRESENTS that AYRAM J, 9OLDBERG, ARTHUR S. RORaINS, SAMVEL W. W. MANDELL, JOSEPH D. MaOLINCHCY and CHARLES A. RICHAK09, as they are Trustees Of HYANNIS REALTY TRUST under a Declaration of Trust dated May 25, 1953 gnd duly registered as Document No, 37$98 with the Barnstable Reoistry District of the Land Court, having its principal offices in Braintree, Norfolk County, Massachusetts (hereinafter referred to as oarantora")r in consideration of the sum of ONE MILLION SIX HUNDRED THOUSAND AND NO/100 (01,600,000.UO) DOLLA.46 do hereby grant to L-ARRY $HWARTZ having an address at 36 Khite4/t�3 Driver Dartmouth, Massachusetts and TfiEODOR& 9}iytAATx havingq an address at P.O. box 930. Dartmouth, Massaonvootts, as tenanta in common (hereinafter referred to ae "Grantees"), Wlxx QUITCLAIM COVENANTS, those certain pAresls Qt land and improvemente thereon situated in that part of the Town-of Barnstable known as kyannis, Barnstable County, Massachusetts, as more particularly described as follows (the "Property"): Lots 27, 28, 29 and 30 and the fee in the "private Way" all as shown on subdivision plan 15290-H dated .pril 29, 1988, drawn by Nickerson R Berger, Inc„ A.L.G. c P.£. , and filed in the Land Registration pffice at Boston, The Property is being conveyyed subject to and with the benefit of, as the case moy be, all Mgt erg of record title noted on Certificates of Title Nos. 26981, 19306 and 18193 issued by the Registry District of Barnstable county, and subject further to the 2onir+g Ay-Laws of the Town of Barnstable and to real estate taxes for the 1990 fiscal tax year, Which Grantees assume and hereby agree to pay. grantees covenant and agree with the arantoryr as follower (1) that for a period of 'tnirty (30) years from the date of recording of this deed, neither the Property, nor any building or buildings at struoture or structures from time to time thereon, or any part thereof, shall be used for the retail Sale of gr0cpries, or provisions, or bakery products, or fruit or vegetables, or fish or meat, or any other kind of food product, or any combination of the foregoing for consumption vff the premises, provided nevertheless thatt (1) notwithstanding the foregoing, not more than 4 000 agqware feet of floot apace may be used far such eats, Including in the computation of such floor space, areas used for stoc#q!1 and the preparation of any such items; (2) the foregoing shall not be doomed to prohibit the conduct on the Property of a wholeials food distribution business, provided that such wholesale food dlatrlbutlon business ahall be lirt+lted to the wholesale sale of food items in bulk to the "trade" and ,will not be open to the general public; and (3) the foregoing shall not be deemed to prohibit the conduct on the Property of a restaurant business, provided that such restaurant business • shah be limited to the sale of prepared meals for consumption on the ptsmiees, it being agreed that the sale of any other prepared, froaen of fresh food items from said restaurant for consumption off the premises (other than take-out orders of regular menu Items) is expressly prohibitedt (ii) that said restriction shall inure to the benefit of the b'rantPre, any stockholder or owner Of the Grantors, and their raspective successor# and assigns; (ail) that said restriction is and shall be deemed to be a personal covenant and a covenant running with the land or an equitable servitude as the oase may bel Post-it®Fox Note 7671 Date a S► Fro Co./Dept. Co. Ph�o(,ne# Phone 76�P Fdl R,. 7 A. PaXq 04/20/2004 12:11 508-997-0323 B.S.&ERIKA REALTIES PAGE 02 (iv) that said resttiction stall be binding upon all pp@Tacna or antities now or hereafter purchasing, owning, lseeing, rubleesing or occupying or otherwise having an Interest in any portion of the propkrty, and their respective heirs, executors, administrators, successors, grantees, and aasigns, during the time of such persona or entity n ownership, leasing, subleasing, occupation or other interest in and to the property, and all such persons or entities shall be conclusively deemed to have Consented and agreed to every covenant, condition and reetciction herein contained, whether or not reference thereto i@ contained in the instrument by which such person or entity acquired On interest in the Pr-operty) and Iv) that the agreements of the Cranteee herein contained shall be the joint and several agreements of each 0-1 them. For Grantors' title, ote Certificate$ of Title alas, 26901, 19306 and 18199 issued by the Registry District of Barnstable Cnunt7. EXECUT.26 AS A SEALED INSTRUMENT this 101� day of July, 1989. . Signed and sealed in the presence of �nq , o e 2'ru t ea of 3yannia aealty Trust and of individually Signed and sealed in the Accepted by Granteesi presan�o\'a�.1oft I ry hover >s � 1 eq 6ra B N�ftE DEEDS kr6 01AxoELLED y' V ' � 4 c7gq{In000 lns.34 �K�h�v EXCISE lPX V4f LU!GV JY 1G.ll :JVC,'77 f—VJLJ D.J.SeCKI�iH KLC 4L I lt5 h'AUL Ud 1 COMMOMALTH Of MASSACHUMT(I Norfolk, Be, July Then perAM811Y Appeared the above named Sarrival V.?', Mandell, Joseph D. M001incheY, and Charles A. Rieharde, as Trustees of Hyanni3 Realty TrU tr and acknowledged the foregoing tnstrument to be their free act and deed, and the free ant and dead of said �� .... uji Ttusteee, before MO, .I o ar u a S•Nraen ° a a � 4 e x i c ssh j [f,� My Coeunisg on P ! > �;, X CoAmQNWMTH OF MASSACIR)SE:TTS vntro� •a. JulY Then personally appeared the above named LartY 8hwarta, and acknowledged the foregoing Instrument to be his Fre! act and de,waJ. — r�•' t b�►S,s before me, '� • otsr u e ! t,IKwa4 My conlaaan expi nu rest G CommoHWSALTH OF M,ASSACHU9ETTS Dom1sa. July Thin personally appeared the above named Theodore dhwsrts, And acknowledged the Forsgoinq instrument to be his Flea cot and 6VI-6 ,� before me, ,;•��APGJ '''•; 0 or O ..J ( k • � J ; Hy comttiss on explcoar jilt) i ^9 Volk 6iiiM'7�11�*Et9j • r aCft�' a ' . •l'+f ;,i�.' ',,.� �Nl'', yr, ' '1'' .:IL;�,dy .•.vb', �<-1 �r" <t. i Tt fit..• , P'�i . r. fir, 803,30 dim CIA btu �rJhri !;7T 11l}7?I tlNTN71R c7cn_)Qc_QrAC rr'7r +,nn71n•7%hn f anthony p. d'onofrio, aia architects& planners - , 25 mann hill road • po box 457 north Scituate, ma 02060 (781) 545-3404• web apd3@comcaot.net FIELD REPORT 51TE V151T: March 4, 2010 PROJECT NO: 01_2009_1315HIN5 HYANN15_5 FR1 TO: Mr. Thomas ferry The Town of Hyannis Building Commissioner: FROM: Anthony P, D'Onofrio, AIA, Architects & Planners RE: Proposed Tenant Fit-up for the Departments of DTA, DMR, 005 & MRC Offices for the Williams Street Corporation, 500 Main Street, Hyannis, MA 1. MAJORITY OF METAL PARTITIONING &GYP5UM WALL BOARD INSTALLED. GYPSUM WALLBOARD BEING PRIMED AND DOOR FRAME5 INSTALLED. 2. CEILING GRID BEING INSTALLED 3. WINDOW CURTAIN WALL BEING INSTALLED AT NORTH ELEVATION, 4. EXTERIOR WALLS BEING PREPARED FOR NEW 51DING Any questions or comments, please call. Sincerely, v Anthony P. D'Onofrio, AIA 01 2009 515HIN5 HYANN15 3 FR1 cc: Paul Bishino anthony p. d'onofrio, aia architects &planners 25 mann hill road • po box 457 north scituate, ma 02060 (781) 545-3404 0 fax(781) 545-8322 MEMORANDUM DATE: July 8, 2004 PROJECT NO: 200401 TO: Mr. Tom Perry The Town of Hyannis Building Commissioner: Jr FROM: Anthony P,D'Onofrio,AIA,Architects &Planners 1401 ti RE: Proposed Exterior Renovation for the Williams Street Corporation, 500 Main Street,Hyannis,MA Mr. Perry: Enclosed is Addendum No. 1 for the above referenced project. If you have any questions please call. Sincerely, Anthony P. D'Onofrio, AIA 2004_05_add_1 cc: Paul Bishins �r 9 2004-05 ADDENDUM NO. 1 PAGE 1of1 anthony p.d'onofrio,aia architects&planners 25 mann hill po box 457 n.scituate, ma 02066 PROPOSED EXTERIOR RENOVATIONS WILLIAMS STREET CORPORATION 500 MAIN STREET HYANNIS,MA July 8,2004 This addendum is hereby made a part of the Contract Documents to the same extent as though it were included therein,and ,as such,shall be a part of and included in the contract. SHEET A-3 ADD THE FOLLOWING OUTLINE SPECIFICATIONS 1.SCOPE OF WORK 1. FURNISH ALL LABOR,MATERIALS,TOOLS,EQUIPMENT AND 6. SUBMIT MINIMUM OF SIX(6)COPIES OF SHOP DRAWINGS SERVICES REQUIRED FOR THE CONSTRUCTION OF THE WORK TO OWNER FOR APPROVAL.THE GENERAL CONTRACTOR AS SHOWN ON THE DRAWINGS OR SPECIFIED HERE-IN.ALL SHALL CHECKAND VERIFYALL SHOP DRAWINGS. MATER ALS AND EQUIPMENT SHALL BE NEW.UNLESSOTHER 7, THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR WORKMANLIKE NOTED,AND SHALL BE INSTALLED IN A PROVIDING DUSTPROOF PROTECTIONS AROUND ALL V�RKMANLIKE MANNER BY MECHANICS SKILLED IN THEIR ALTERED AREAS. DUSTPROOF PROTECTIONS SHALL BE TRADE. I CONSTRUCTED AND MAINTAINED SO AS NOT TO INTERFERE 2.BIDDING WITH REQUIRED BUILDING EGRESS. 1. BIDDERS SHALL VISIT THE SITE TO FAMILIARIZE HIMSELF 8. THE GENERAL CONTRACTOR SHALL PROVIDE ALL TEMPORARY WITH THE SCOPE OF THE WORK PRIOR TO SUBMITTING HIS BARRICADES ALONG SIDEWALKS,ETC AND MAINTAIN BID. CLEARANCE FOR PEDESTRIANS AND SO AS NOT TO INTERFERE WITH REQUIRED BUILDING EGRESS.VERIFY LOCATIONS WITH 2. BIDDERS SHALL SUBMIT SEALED,ITEMIZED BIDS IN A FORM. LOCAL BUILDING OFFICALS. AND ATATIME AND PLACE AS SET FORTH BY WILLIAMS g. THE GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL STREET CORPORATION,100 NORTH FRONT STREET,NEW BE RESPONSIBLE FOR THE DAILY REMOVAL OF DEBRIS BEDFORD,MA,02740 CAUSED BY THEIR RESPECTIVE OPERATIONS THE GENERAL 3. BIDDERS SHALL FURNISH CERTIFICATES OF INSURANCE AS CONTRACTOR AND SUBCONTRACTORS SHALL BE REQUIRED BY LAW FOR THE FOLLOWING: RESPONSIBLE FOR THE REMOVAL OF DEBRIS AND RUBBISH AT THE COMPLETION OF THE WORK. WORKMEN'S COMPENSATION ACTS AND OTHER EMPLOYEE 10. THE GENERAL CONTRACTOR AT THE COMPLETION OF ALL BENEFIT ACTS,COMPREHENSIVE GENERAL LIABILITY WORK BY ALL TRADES SHALL REMOVE ALL TEMPORARY PUBLIC LIABILITY INCLUDING BODILY INJURYAND DEATH, PROTECTIONS, REMOVE ALL PUTTY STAINS FROM AND PROPERTY DAMAGE ALL GLASS ANDCLEAN ALL WINDOWS AND FRAMING. AUTOMOBILE LIABILITY CONTRACTUAL LIABILITY 4.CAULKING AND SEALANTS WHICH SHALL BE WRITTEN FOR NOT LESS THAN LIMITS 1. ALL CAULKING AND SEALANTS SHALL BE AS SPECIFIED BY THE OWNER OR REQUIRED BY LAW.T HE MANUFACTURED BY TREMCO OR EQUAL.EXTERIOR GENERAL CONTRACTOR ANDALL SUBCONTRACTORS SHALL CAULKING SHALL BE TREMCO"DYMONIC".INTERIOR FURNISH CERTIFICATES OF INSURANCE WITH HIS BID. CAULKING SHALL BE TREMCO ACRLYIC LATEX 384.COLOR SHALL BE SELECTED BY THE OWNER. ALL JOINTS WHERE 3.GENERAL SHOWN OR REQUIRED SHALL BE CAULKED.INSTALLA NON- STAINING FILLER MATERIAL WHERE REQUIRED OR WHEN 1. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE JOINTS ARE MORE THAN 1/4"WIDE.JOINT FILLER SHALL BE MASSACHUSETTS STATE BUILDING CODE AND ALL OTHER FULL DEPTH OF JOINTAND WITHIN 1/2"OF THE SURFACE LOCALAND/OR GOVERNING CODES,RULES AND BEFORE APPLYING CAULKING REGULATIONS.THE GENERAL CONTRACTOR SHALL FILE ALL REQUIRED PLANS AND OBTAIN ALL REQUISITE PERMITS. 5. ALUMINUM ENTRANCES-DOORS,FRAMES AND SIDELIGHTS. 2. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND 1. FURNISH AND INSTALL ALUMINUM DOORS,FRAMES CONDITIONS AT THE SITE. DO NOT SCALE DRAWINGS. AND SIDELIGHTS. IN CASE OF DISCREPANCY BETWEEN DRAWINGS OR 2, ALUMINUM FRAMES SHALL BE KAWNEER TRI-FAB 451 AS DIMENSIONS ETC.,NOTIFY THE ARCHITECT PRIOR MANUFACTURED BY KAWNEER CO.OR EQUAL WITH DARK GREEN TO PROCEEDING WITH THE WORK. PERMANDONIC FINISH. GLAZING SHALL BE TEMPERED. 3. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS TO SOLAR BRONZE INSULATING GLASS AND OF SIZES PREVENT ANY DAMAGE TO THE EXISTING BUILDING AND INDICATED ON THE DRAWINGS. ADJACENT PROPERTIES AND SHALL BE RESPONSIBLE FOR 3. ALUMINUM DOORS SHALL BE KAWIVEER'NARROWLINE 350' ANY DAMAGE TO SAME CAUSED BY HIS OPERATIONS. DOORS OR EQAL COMPLETE WITH WEATHERSTRIPPING AND ALL THE GENERAL CONTRACTOR SHALL BE SOLELY RESPONSIBLE HARDWARE EXCEPT CYLINDERS. DOORS SHALL BE GLAZED FOR ALL MEANS, METHODS,TECHNIQUES,SEQUENCES, WITH 1"TEMPERED SOLAR BRONZE INSULATING GLASS. AND PROCEDURES AND FOR COORDINATING ALL PORTIONS 4. INCLUDE ALL TRIM PIECES AS REQUIRED TO COMPLETE THE WORK OF THE WORK. INCLUDING 1"THICK ALUMINUM FACED INSULATED SIDE PANELS 5. THE GENERAL CONTRACTOR SHALL GUARANTEE ALL WHERE NOTED. WORKMANSHIP,MATERIALS AND EQUIPMENT FORA PERIOD OF ONE YEAR AFTER ACCEPTANCE AND OCCUPANCY, 5. ALL SEALANT SHALL BE TREMCO'DYMERIC,OR EQUAL. UNLESS OTHERWISE NOTED. CAPE COD COMMISSION CHANGE OF USE APPLICATION FORM An APPLICATION pursuant to section 3(fl(1)&(2) of the Cape Cod Commission Enabling Regulations (see Attachment A) governing review of Developments of Regional Impact, Barnstable County Ordinance 90-12 for a Determination of Impacts for Change of Use, or Demolition and Replacement resulting in a Change of Use for a proposed development. Certain projects may qualify for exclusion from Development of Regional Impact (DRI) review. These projects include specific projects involving a change of use or redevelopment of a site with existing building(s). In order to qualify as a Change of Use under Section 3(fl(1)&(2) of the DRI Enabling Regulations, the project must meet specific criteria described in Section 4(b)(1) of the Enabling Regulations, and must demonstrate that the proposed project does not result in a more detrimental impact than the immediately .prior use as specified in Section 4(b)(2) of the Enabling Regulations. There is no filing fee for this determination. The Applicant shall be responsible for the actual cost of publishing notice(s) of the public hearing. \� C\ In preparing this application, the Applicant should review Attachment A to determine whether the proposed project meets the requirements for consideration as a Change of Use not requiring DRI review. The Applicant should also review the questions provided in Attachment A to assist in determining the impacts resulting from a proposed Change of Use. Instructions: Applicants should contact the Commission's regulatory staff to set up a pre- application meeting. This session provides an opportunity for the Applicant to ask questions about the application and review process for a change of use and to reduce the chance of problems or delays. You should bring any plans, studies or information on the following: existing site conditions, existing building(s) and the proposed change of use/redevelopment proposal to this meeting. General Information: 1. Applicant Name Wi i 1 i am street Cnrp- Address lC)n *�—N grant Str'pgt blow- Rodfor MR 02740 Telephone Number ( 5 2 ) g g r)_3 n 2 n 2. Project Name rnmmnnweal th of MassarhusPt-ts Department- of Social Services Office Facility PrejeGt atien ;5n� in- Street Hyannis �4a 3. Brief description of existing use and proposed project including but not limited to: site description, gross floor area, units, and specific uses. Prespntly uG d for rPtai1 Thp naw nffirp -s ace is 14, 500 sq foot— Wang g a ra i nol udLos . 4. Owners of Record. Provide the following information for all involved parcels (attach additional sheets if necessary): Owners Land Court Lot& Registry of Deeds Lot Parcel Name Certificate of Title # Plan Book/Page # �?- 7P4 - /, 0 Q 12/96 f Additional Attachments (please use additional sheets and provide plans as necessary to complete this section): 1. .Referring to the specific requirements and questions described in Attachment A, provide two (2) copies of all documents and analysis supporting a determination that the Change of Use threshold in Section 3(fl(1)&(2) applies to the project and any other information which the ,Applicant deems relevant to the Commission's determination. 2. Certification that a copy of this application has been filed concurrently with the town clerk, the inspector of buildings, and the municipal agency(ies) before which a permit application is pending, in the town in which the proposed development is to be located. 3. Two copies of the application(s) for any development permit(s) filed with Municipal Agency(ies). 4. Two (2) copies of plans and/or documents of any existing building(s), proposed development plans (sheet size 24"x 36") drawn at a scale of 1"=40' plus one copy of the above plans reduced to fit on an 11"x 17" sheet. If the plan requires more than one sheet, a cover sheet at the scale of 1"-200' showing the entire property shall be provided. 5. Two copies of an 8 1/2" x 11" section U.S.G.S. quadrangle map of the area, containing sufficient information for the Commission to locate the existing site and the location of the proposed development. 6. Two (2) copies of plans, photographs and/or any other pertinent information regarding existing building(s) on the project site, including a written determination by local/state historical commission(s) regarding whether the existing structure(s) qualify for listing or are listed on the State and/or National Register of Historic Places. For assistance, please contact the Massachusetts Historical Commission, 220 Morrisey Boulevard, Boston, MA 02125 (617)727-8470. 7. Certification that the subject property is legally and/or equitably owned by the Applicant or his or her designee. 8. A certified list of abutters to the proposed development, in the correct form (see attached), which has been prepared by the Applicant and certified by the tax assessor of the municipality or municipalities in which the project or a portion thereof is located, including owners of land directly opposite on any public or private street or way and owners of land located within 300 feet of any boundary of the proposed project. (If there are more than 50 abutters, please provide three(3) sets of a certified list on self-adhesive labels, in addition to the certified list.) Note: Town assessors offices may take up to 10 days to certify an abutters list. I hereby certify that the answers contained in and information attached to this application form are true and accurate to the best of my knowledge, under penalty of the law. Applicant/Applicant's Representative Signature Name (Please Print) Date Complete and return this application by hand-delivery or certified mail to: Clerk, Cape Cod Commission, 3225 Main Street, Barnstable, MA 02630. The Commission will review your application and notify you by mail of your public hearing date once this application is complete. You may also call the Commission office at (508)362-3828 for the status of a pending application. 12/96 I ATTACHMENT A Change of Use Threshold for DRI Review Section 3(fl: Any proposed change of use, or demolition and replacement resulting in a change of use, of an existing commercial, service, retail or wholesale building(s), office or industrial building(s), as well as any private health, recreational or educational building(s) as follows: (1) For existing commercial, service, retail, office building(s) or any private health, recreational or educational building(s): Building(s) with a gross floor area greater than 40,000 square feet; (2) For existing industrial or wholesale building(s): Building(s) with a gross floor area greater than 50,000 square feet; The threshold set forth in this subsection (fl shall only be applicable if the project meets the criteria set forth in Section 4(b)(1) below and obtains a determination from the Commission as set forth in Section 4(b)2-5 below. Section 4(b)(1): In order to benefit from the Change of Use threshold set forth in Section 3(fl(1) and (2) of the DRI Enabling Regulations, a development must comply with the following requirements and obtain a determination of applicability from the Commission as set forth below: (a) Such thresholds apply only to sites with existing building(s), not to vacant sites. (b) The total gross floor area of any change of use or demolition and replacement shall not exceed the total gross floor area of the existing building(s) (plus any addition allowed under subsection (c) below and shall be located entirely.on the same lot or lots upon which the original existing building(s) were located or which are contiguous and in common ownership at the time of application. c) The total gross floor area of any additions shall not exceed 10,000 square feet and shall not result in the total gross floor area of the building(s) exceeding the applicable 40,000 and 50,000 square foot thresholds set forth above. (d) These thresholds shall not be applicable to developments that include demolition or substantial alteration of Historic Structure(s). (e)The overall impacts of the proposed use on the resources protected by the Regional Policy Plan shall not be more detrimental than those of the immediate prior use. Section 4(b)(2): The Regulatory Committee of the Commission or its designee shall review any proposed change of use or demolition/replacement to determine if the overall impacts of the proposed use are more detrimental than those of the immediately prior use. In making such determination, the Regulatory Committee of the Commission or its designee shall consider the resources protected by the Regional Policy Plan, including but not limited to: water resources, coastal resources, wetlands, wildlife/plant habitat, economic development, transportation, waste management, capital facilities, energy, affordable housing, open space and recreation, historic preservation and community character. Any increased impact that involves significant deviation from the minimum performance standards of the Regional Policy Plan shall be considered a more detrimental impact. Key questions to answer in comparing the impacts of the proposed use with the immediately prior use include but are not limited to the following: WATER RESOURCES: • Will there be an increase in phosphorus or nitrogen-loading from the proposed project? •Will the project entail increased use, storage, treatment, generation or disposal of hazardous materials or wastes in a Wellhead Protection Area? 12/96 COASTAL RESOURCES: • will the project interfere with any existing public access to the shoreline or displace any water-dependent use? • will the project enlarge or intensify a use in a FEMA flood zone or have any adverse impact on a barrier beach or coastal dune? WETLANDS/WILDLIFE AND PLANT HABITAT/OPEN SPACE: • will the project increase any disturbance or alteration of a wetland or vernal pool or their 100' buffer? • will the project cause or increase any stormwater discharges into wetlands or waterbodies? • will the project disturb or alter significant natural resource areas? • will the project significantly reduce the amount of open space on the site? TRANSPORTATION: • will the project generate more trips than the previous use? • will the project result in any traffic safety problems? HISTORIC PRESERVATION/COMMUNITY CHARACTER: • will the proposed project include any demolition or substantial alteration of an historic structure(s)? • will the site.design, landscaping, and height and scale of the building(s) be incompatible with the site and existing surrounding building(s)? Section 4(b)(3): The Regulatory Committee or its designee shall review information provided by the project proponent and staff, and within 30 days of receipt of a completed application, advertise and hold a public hearing. The Commission staff shall notify and consult with appropriate town officials on the proposed change of use prior to the public hearing. Within 15 days of such public hearing the Regulatory Committee shall determine if the project qualifies for Section 3(0(1)&(2) thresholds under the criteria established in this subsection. Nothing herein shall prevent an applicant from seeking a jurisdictional determination under Section 120) of.the Cape Cod Commission Act, nor prevent a municipal agency from making a discretionary referral under Section 12(e) of said Act. i Section 4(b)(4): If the Regulatory Committee or its designee determines that the project qualifies for Section 3(0(1) and (2) thresholds under the criteria established in this subsection, the project may proceed without Development of Regional Impact (DRI) review. Section 4(b)(5): If the Regulatory Committee or its designee finds that the project would cause more detrimental impacts on any of the resources protected by the Regional Policy Plan than those of the immediately prior use, the proposed project shall be subject to DRI review. However, the scope of that review may be limited to those subject areas where impacts are significantly increased. The Regulatory Committee or its designee shall specify the proposed scope of the DRI review in its determination. 12/96 William 100 North Front Street New Bedford,MA 02740, (508)997-6881 TOPS Clf$J�RhISTABLE Street Fax(508)997-0323 2004 APR 14 AM 9: 15 Corp. April 13,2003 DIVISION Dear Mr.Perry The Cape Cod Commission requested we send you a copy of this application. Any questions feel free to call me. Thank You. Sincerely, Paul Bishins Apr-21-04 13:33 From-CAPE COD COMMISSION 5083623136 T-440 P.02/09 F-936 Vn� ',}} it `fELF8�°�R- STABLE ,. 22 P 41I.{p r r 1.{'h Iul�•( � O R' ... �Ni b,{�I ,,i 11{'fII r ilf,'il' ',I ..�/ :., (.'?�j'li �, ,1 II�II A •,htl{t ��•, •l�'!!p0.Jl,.un• ,�h�,�,I;^ I; ISPO�, �l Project: 500 Block Change of Use Subcommittee: Regulatory Committee for Initial Change of Use Determination Staff: Andrea Adams— Project Planner, Hazardous Materials & Wastes,and Exterior Lighting Heather McElroy— Natural Resources Gabrielle Belfit—Water Resources Glenn Cannon —Transportation Resources Leslie Richardson — Economic Development Sarah Korieff— Community Character Date: April 21, 2004 Project Description The project under consideration by the Regulatory Committee is whether or not the use of a portion of a property at 500 Main Street, Hyannis in Barnstable should be reviewed by the Cape Cod Commission (Commission) as a Development of Regional Impact (DRI) based on the provisions of Section 4(b) of the Cape Cod Commission's Enabling Regulations The applicant is Williams Street Corp. since it is the owner of the property. Information provided by them is attached. The property is an existing structure of approximately 39,500 total square feet located at 500 Main Street in Hyannis. The structure has had and will continue to have multiple occupants, According to information on file with the Town of Barnstable, the site is supplied by sewer. Aar-21-04 13:33 From-CAPE COD COMMISSION 5083623136 T-440 P.03/09 F-936 2 Of the 39,500 total square feet, the applicant is retrofitting the interior of approximately 14,500 square feet on two stories to accommodate offices for the Massachusetts Department of Social Services (DSS) (see attached plans). A portion of the 14,500 square feet (about 3,825 square feet) was formerly occupied until January, 2004 by a restaurant (Spiritus Pizza). The rest of the space being ta,i converted for the DSS office is now vacant, but was occupied by a church and an fit; Antique Co-Op. The remainder of the building is currently occupied by existing retailers , ' (see, for example, Existing Conditions Plan, EX-2) ��'"�"`e', ;, "W �, , Commission staff determined that the applicant's Ckh n o'of Use application was sufficiently complete to proceed to a public hearing�jo"rii`A rll 21, 2004. f >>, Change of Use Determination Section 4(b) of the Enabling Regulations describ ommission's Change of Use ; Determination process. This process is used to whether or not a project ,k4 ls>tskwse :, ,,ir lir should be reviewed as a DRI. 1 Section 4(b)(1) sets out criteria (see attached) wets must meet in order to qualify for no further Commission review, or are r fnission review. + . Subpart (4)(b)(2) also sets out the way in which Coinmission, through the ' Regulatory Committee, makes a determination as to whether a project can qualify for a reduced Commission review or no further Commission review. It states in part that the Regulatory Committee: "shall review any change of use or demolition/replacement to determine if the overall impacts of the proposed use are more detrimental than those of the immediately prior use. In making such determination, the Comm ittee....shall consider the resources protected by the Regional-Policy Plan...Any increased impact that involves a significant deviation from the minimum performance standards of the Regional Policy Plan shall be.considered a more detrimental impact." (Enabling Regulations, pgs. 7 Sections (4)(b)(4) and (4)(b)(5) of the Enabling Regulations set out the choices the Regulatory Committee has when considering an application for a Change of Use Determination. Subpart (4)(b)(4) states that if the Regulatory Committee "determines that the project qualifies for Section (3)(f)(1) and (2) thresholds under the criteria [described above concerning its impacts], the project may proceed without Development of Regional Impact (DRI) review." Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use Apr-21-04 13:33 From-CAPE COD COMMISSION 5083623136 T-440 P.04/09 F-936 3 The Regulatory Committee could find that the project met the tests articulated in Subpart (4)(b)(2) and, thereby is capable of proceeding without further Commission k: review. Alternate) subpart (4)(b)(5) of the Enabling Regulations states that"if the Regulatory yk� Alternately, Committee...finds that the project would cause mo If trimental impacts on any of the ,rl resources protected by the Regional Policy Plan t ( ,� e of the immediately prior �E use, the proposed project shall be subject to DRI^i,rs' A'i his subpart also gives the ye Regulatory Committee the authority to determine' fsf sof the DRI review. It also states "the scope of the DRI review may be limite ; subject areas where , F } impacts are significantly increased. The Regulatt?� c'tjtimlttee is also called upon to b � � ,1sar, ��ti;. specify the scope of the DRI review in its determih T n-v : s . h,; Commission Staff Analysis The project Planner and Commission technical st k i ` i ,'areas of economic development and transportation conducted a site'" �fsi�on�allillarch 8, 2004. The project Planner and Commission staff also met formally ,,,,w th the a licant and the Town of 1 , I� ,tic i pl? Barnstable staff on April 8, 2004 to discuss the p At that meeting, the project applicant, William St IYK icated that the interior re- s � 'fit was the first stage of a two-part project. Thee . aee of the project would involve changes and/or upgrades to the exterior fagade ` The applicant noted that this r' phase of the project was still conceptual. He said that the plan was to complete the interior retro-fit first, allow the tenant to occupy the building; and then proceed to design the exterior changes. Because the building is located within the Hyannis Main Street Waterfront Historic District (see comments below on Community Character), Commission staff asked the applicant to provide additional details to the Regulatory Committee concerning proposed changes to the building's exterior. Even though the applicant's plans to change the exterior facade were conceptual at this point, Commission staff also recommended that the applicant seek clarification on'this.from the Historic District. Commission staff have analyzed the information provided by William Street Corp. and would offer the following comments in the areas of natural resources, water resources, hazardous materials and wastes, transportation, economic development and community character. NATURAL RESOURCES The project is not located in a Significant Natural Resource Area. Commission staff does not believe that the proposed project will significantly increase impacts to natural resources.or open space. Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use Apr-21-04 13:34 from-CAPE COD COMMISSION 5083623136 T-440 P.05/09 F-936 A 4 WATER OUR The project site is connected to town sewer. Insufficient information was provided to evaluate the net change in wastewater flows to the Hyannis Water Pollution Control 4` Facility, however, it is not anticipated that the proposed use (professional office) would substantially increase flows when compared to the prior uses in the space (pizza shop, church and antique store). However, the impacts of stormwater runoff could not' I based on the information supplied by the applicant. Site plans in .1I Iie�7,}the possible addition of some �R �a . screeningshrubbery around the perimeter of the r in. rea Ian submitted to � rY P �� I< �{I��,a� (P Barnstable Site Plan Review), but the location and IG� itlon,of catch b��sins as well as 11 ap4s, impervious grading elevations were not provided ' a `dd1t6h,this, Commission water 1, i resources staff recommends the Regulatory Com;rtteisee.k additional information ;4° concerning the current condition of catch basins and t7owlthe site's stormwater runoff currently is and will be managed. i f1p, ��I1;I'raNln o�lt �,ti1,�;, pll�gi„y, ,tire- 'rlts� HAZARDOUS MATERIALS/WASTES II, According to maps produced for the 2002 RPP ( , ' d !, �i Ie'd), the project site is not located in either an existing Wellhead Protection, "Potential Public Water r, I Area. As such, Commission staff has no x 'Minimum Performance upp y Standard MPS 4.3.1.3 in the context of this ro ( ) p ria I The other MPSs in the 2002 RPP that deal with hazardous materials and wastes require that development and redevelopment make reasonable efforts to minimize their hazardous material use and/or waste generation, that the development be in compliance with Massachusetts Hazardous Waste Regulations, and that development and redevelopment prepare an emergency response plan. The project involves retrofitting part of the interior of an existing building to serve as offices for the MA Department of Social Services. No information was provided by the applicant concerning hazardous materials or wastes attributable to Spiritus Pizza, which occupied part of the space until 2004, or the rest of the building involved in this project. Commission staff did ask the applicant at the April-01-meeting if the building had been -- = surveyed for asbestos-containing materials (ACM). He indicated that it had been, and that none were found. Staff recommends that the applicant provide evidence of this to the Regulatory Committee. This could include the examples of the work specifications showing that a pre-demolition inspection was done for the presence of suspect ACMs and lead-based paint. The applicant should also provide the Regulatory Committee with evidence that any ACM and lead-based paint, if found, was disposed of properly. According to information and discussions with Town staff at the April fi, 2004 meeting, the site is supplied by natural gas, and the Fire Department has no record of an above- ground, vaulted or below-ground tank on the property. Staff Report to Regulatory Committee—500 Block(Hyannis)Change of Use Apr-21-04 13:34 From-CAPE COD COMMISSION 5083623136 T-440 P•06/09 F-936 5 Overall, very limited information is available concerning hazardous materials/or wastes attributable to the prior tenants. The prior tenancies presumably generated fluorescent bulbs, which are hazardous wastes in Massachusetts. The new project (DSS office) will also generate used : fluorescent bulbs and potentially used computers,.which are also regulated in Massachusetts as hazardous waste, „ a a,, It is also unclear if the applicant or DSS office hast I�t I Fit`pI ce that rrlake reasonable �f� efforts to minimize their hazardous material use a,, , ante generation, or if they have an emergency response plan in place. Ali 1 , t Based on this, hazardous materials and wastes after ,to the DSS office would be at least fluorescent bulbs and used computers At`, e;`sA' e time, s �9 the site is not located in a Wellhead Protection Distract or a Potential Pu 'c� JWaFte'r Supply ArE,a. k Staff recommends that the applicant provide the R- ' ulatory Committee with evidence of ih i " ardous waste generated b a program in place to properly recycle/dispose of" g y the proposed occupant, including used computer;', 'I epcent bulbs, The Committee should also seek clarification about G ';'pplicant or tenant has i 1 ,, r plans in place to minimize the tenant's hazardous te, a s use and/or waste :. generation, and that addresses emergencies, TRANSPORTATION The project applicant proposes to use the existing primary access drivE)way on High School Road and the existing secondary access driveways on North Street in Hyannis (see Site Plans). Both North Street and High School Road are Regional Roads as defined in the Regional Policy Plan. Commission transportation staff conducted a site visit and discussed this project and its impacts with the Town of Barnstable. As noted above in the section concerning Change of Use Determination, the standard for Change of Use projects involves the Regulatory Committee determining whether or not the project poses significant transportation impacts _ . Commission transportation staff calculated the expected traffic impacts of this project based in information contained in the Institute of Transportation Engineers Trip Generation manual (7`' Edition). Commission staff calculated the traffic impact based on the square footage of the existing facility (retail) and proposed facility (office space) as outlined in the applicant's Change of Use Application. A comparison of the trip generation estimates based on the different type.of use is shown below in Table 1. (see next page for table) Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use Apr-21-04 13:35. From-CAPE COD COMMISSION 5083623136 T-440 P.07/09 F-936 6 Table 1 —TO Qeneration Estimates vehicles er hour Existing Use Proposed Use (Net Decrease) (14.500 SF retail space) (14,500 SF office space) Net Increase Average Daily 623 1610 (463) Traffic , r Morning Peak 15 22 7 �. How rk.iAyl, Afternoon 54 �x ,��,.� (32) Teak Hour JJr:'jr I� � t41111�1' �� ' Saturday Daily 725 ` l' �` 1 :r +"r?,u l . 1 f, Traffic �f;':�i�ll!➢11i. ,:,;{I;,,`, __ Saturday Peak 72 66 ( ) Hour ra;ikr;tlE�r1 rF :. >`'I Based on 1TE Trip generation manual,7 Edition,LUC 820 at r �n Based on ITE Trip Generation manual 7 Edition,LUC 710 I C I i l li�r� l Commission transportation staff has conclude # dltction in pr��ject traffic during d, ti 4 of the 5 time periods calculated on the Region 'f lsa system indicates that the yak transportation-related impacts of the proposed use will not"be more detrimental than those of the immediately prior use, when considering the resources protected by the Regional Policy Plan. Safety and :jte Access Commission transportation staff conducted a site visit and discusses this project with the Town of Barnstable. Based on this information, and on an expected reduction in site traffic, no degradation in public safety is expected. Staff also concluded that adequate sight distance is available at the project driveway locations. Transportron Recommertslation Based on the findings listed above, Commission-transportation staff has determined that no new traffic would be added to the roadway system as a result of this project, and that there is adequate site distance, and no degradation in public safety is expected, Therefore, staff recommends that this project may proceed without any additional Development of Regional Impact review in the area of transportation resources. ECONOMIC DEVELOP_Mf NT This project will have a positive impact on the Hyannis downtown business district, which is consistent with the 2002 MPS 3.2.1 which seeks to focus development in Growth/Activity Centers. Based on information provided by the applicant, where minimal employment previously existed, this project will bring seventy-eight (78) full- time employees, along with one (1) part-time person to the downtown area. The vast Staff Report to Regulatory Committee—500 Block.(Hyannis) Change of Use -CAPE COD C0Nk1SSI0NApr 2:1-04 13:35 , ,. _ .� -440 .08/09 F-936Fram T . • 7 majority (81%) of these employees live in Barnstable County and 8% of the people employed are considered disabled, elderly, or of a minority group, Wages for these positions will average $24.07/hour, well above average, with the lowest wage to be at $12.76. All full-time employees will receive a full benefit package. This; employment mix is consistent with several economic development priorities listed in the RPP. While it is important to note that these jobs are not new to Barnstable County, having been located in Yarmouth previously, they will help to add activity to downtown Hyannis at a location that has been relatively vacant to date. In economic development terms, therefore, the impacts resulting from this Change of Use will not be more detrimental I than those of the immediate prior use. COMMUfjiTY CHAE3ACTEB Historic Preservation, Site Design, Building Design, Landscaping Section 4(1)(d) of the Enabling Regulations (see attached) states "(t)hese thresholds shall not be applicable to developments that include demolition or substantial alteration of Historic Structure(s)." This requirement becomes important, because: the building in question is located within the Hyannis Main Street Waterfront Historic District. Also, at the April 8, 2004 meeting of Commission staff, Town of Barnstable staff, and the applicant, the applicant indicated that the interior re-fit was the first stage of a two-part project. The second phase of the project would involve changes and/or upgrades to the exterior fagade. The applicant noted that this phase of the project was still conceptual. He said that the plan was to complete the interior retro-fit first, allow this tenant to occupy the building, and then proceed to design the. exterior changes, An April 7, 2004 letter from Thomas A. Broadrick,AICP, Barnstable's Director of Planning & Zoning (attached) indicates that he believes that the building is unlikely to be of historic or architectural significance. However, because the structure is within a designated Historic District, Commission staff has asked for an opinion from the District regarding the building's historic significance. Staff notes that the Hisioric District Commission has the authority to review or deny any exterior changes to the building. Staff hopes to have additional information on-this matter to present to the Regulatory Committee at its meeting on April 26, 2004. Exterior Lighting Using the site plans as a guide, and based on the March 8" staff site visit, it appears that exterior lighting for the site consists of on-building and parking lot fixtures. Based on the materials submitted by the applicant, it does not appear that the proposed Change of Use will result in any significant changes to the existing site exterior lighting, The Williams Street Corp. may upgrade on-building lights at exit doors to comply with the present Building Code. However, given the nature of the existing exterior lights, the location of the site, and the location of the exit doors, Commission staff believes this Change of Use Staff Report to Regulatory Committee 500 Block(Hyannis) g . Apr-21-04 13:35 From-CAPE COD COMMISSION 5083623136 T-440 P.09/09 F-936 8 would not represent a Change of Use in the area of exterior lighting requiring further Commission review. Commission staff would nevertheless strongly encourage the Williams Street Corp. to install replacement fixtures consistent with Technical Bulletin 95-001, particularly ones that are energy-efficient, fully-shielded and down-directed. CONCLUSION Based on an analysis of the information presented to date, it appears that the project does not present issues that would warrant further Commission review in the areas of natural resources, economic development, transportation, and exterior lighting. Commission staff, however, recommends that the prbf�ct`may present issues warranting further review in the areas of water resources, hazardous materials/wastes and historic preservation. Based on this, Commission staff recommends thatFt4{ {regulatory Committee seek clarification about issues raised in these areas. T.his,w111'help the Regulatory Committee to determine if further Commission review of the project;is,warranted. Staff Report to Regulatory Committee—500 Block(Hyannis) Chango of Use A OF BAR CAPE CO® COMMISSION 3225 MAIN STREET U - rn P.O. BOX 226 BARNSTABLE, MA 02630 ��.sACHv (508)362-3828 9ss4� FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org Regular Mail April 21, 2004 Stuart Bornstein Holly Management & Supply Corporation $_ A 297 North Street Hyannis, MA 02601 RE: 500 Block Change of Use (CU-04006) Mr. Bornstein: Enclosed, as you requested, is a copy of the Cape Cod Commission's Staff Report on the above-referenced project. Please note that a p public hearing has been noticed for Monday, April 26, 2004 beginning at 9:30 AM in the Commission's office. The Regulatory Committee will conduct this public hearing subject to Section 4 of the Enabling Regulations. Please contact me should you have any questions concerning this letter, or the Commission's review process. Sincerely, Andrea Adams Planner/Hazardous Waste Specialist Cc: File Paul Bishins, William Street Corp., 100 North Front Street, New Bedford, MA 02740 Thomas A. Broadrick, Planning Director, Town of Barnstable Robin Giangregorio, Barnstable Site Plan Review Tom Perry, Barnstable Building Commissioner Kevin J. Shea, Director, Office of Community and Economic Development, Town of Barnstable is OF BARS CAPE CO® COMMISSION 0 ,f z v. x 3k. GY v ® 3225 MAIN STREET P.O. BOX 226 BARNSTABLE, MA 02630 9SsACHUsti� (508)362-3828 FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org Regular Mail April 21, 2004 Paul Bishins William Street Corp. 100 North Front Street New Bedford, MA 02740 Dear Mr. Bishins: This letter concerns the 500 Main Street/Hyannis project. Cape Cod Commission (Commission) staff has determined that the Change of Use application for this project is substantially complete to proceed to a public hearing. Enclosed, please find a copy of the Commission's Staff Report on this project. A public hearing has been noticed for Monday, April 26, 2004 beginning at 9:30 AM in the Commission's office. The Commission's Regulatory Committee will conduct this public hearing subject to Section 4 of the Enabling Regulations. Please contact me should you have any questions concerning this letter, or the Commission's review process. Sincerely, AL� AL*090 Andrea Adams Planner/Hazardous Waste Specialist Cc: File Thomas A. Broadrick, Director of Planning, Zoning and Historic Preservation, Town of Barnstable Robin Giangregorio, Barnstable Site Plan Review .,/Tom Perry, Barnstable Building Commissioner Kevin J. Shea, Director, Office of Community and Economic Development, Town of Barnstable is 5E 3 `, ; u CAPE COD COMMISSION FF `RTS TA,�,,, ARIL, s: Project: 500 Block Change of Use Subcommittee: Regulatory Committee for Initial Change of Use Determination Staff: Andrea Adams — Project Planner, Hazardous Materials & Wastes, and Exterior Lighting Heather McElroy— Natural Resources Gabrielle Belfit —Water Resources Glenn Cannon —Transportation Resources Leslie Richardson — Economic Development Sarah Korjeff — Community Character Date: April 21, 2004 Project Description The project under consideration by the Regulatory Committee is whether or not the use of a portion of a property at 500 Main Street, Hyannis in Barnstable should be reviewed by the Cape Cod Commission (Commission) as a Development of Regional Impact (DR[) based on the provisions of Section 4(b) of the Cape Cod Commission's Enabling Regulations. The applicant is Williams Street Corp. since it is the owner of the property. Information provided by them is attached. The property is an existing structure of approximately 39,500 total square feet located at 500 Main Street in Hyannis. The structure has had and will continue to have multiple occupants. According to information on file with the Town of Barnstable, the site is supplied by sewer. r 2 Of the 39,500 total square feet, the applicant is retrofitting the interior of approximately 14,500 square feet on two stories to accommodate offices for the Massachusetts Department of Social Services (DSS) (see attached plans). A portion of the 14,500 square feet (about 3,825 square feet) was formerly occupied until January, 2004 by a restaurant (Spiritus Pizza). The rest of the space being converted for the DSS office is now vacant, but was occupied by a church and an Antique Co-Op. The remainder of the building is currently occupied by existing retailers (see, for example, Existing Conditions Plan, EX-2). Commission staff determined that the applicant's Change of Use application was sufficiently complete to proceed to a public hearing on April 21, 2004. Change of Use Determination Section 4(b) of the Enabling Regulations describes the Commission's Change of Use Determination process. This process is used to determine whether or not a project should be reviewed as a DRI. Section 4(b)(1) sets out criteria (see attached) which projects must meet in order to qualify for no further Commission review, or a reduced Commission review. Subpart (4)(b)(2) also sets out the way in which the Commission, through the Regulatory Committee, makes a determination as to whether a project can qualify for reduced Commission review or no further Commission review. It states in part that the Regulatory Committee: "shall review any change of use or demolition/replacement to determine if the overall impacts of the proposed use are more detrimental than those of the immediately prior use. In making such determination, the Committee....shall consider the resources protected by the Regional Policy Plan...Any increased impact that involves a significant deviation from the minimum performance standards of the Regional Policy Plan shall be considered a more detrimental impact." (Enabling Regulations, pgs. 7 & 8) Sections (4)(b)(4) and (4)(b)(5) of the Enabling Regulations set out the choices the Regulatory Committee has when considering an application for a Change of Use Determination. Subpart (4)(b)(4) states that if the Regulatory Committee "determines that the project qualifies for Section (3)(f)(1) and (2) thresholds under the criteria [described above concerning its impacts], the project may proceed without Development of Regional Impact (DRI) review." Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use .J 3 The Regulatory Committee could find that the project met the tests articulated in Subpart (4)(b)(2) and, thereby is capable of proceeding without further Commission review. Alternately, subpart (4)(b)(5) of the Enabling Regulations states that "if the Regulatory Committee...finds that the project would cause more detrimental impacts on any of the resources protected by the Regional Policy Plan than those of the immediately prior use, the proposed project shall be subject to DRI review." This subpart also gives the Regulatory Committee the authority to determine the scope of the DRI review. It also states "the scope of the DRI review may be limited to those subject areas where impacts are significantly increased." The Regulatory Committee is also called upon to specify the scope of the DRI review in its determination. Commission Staff Analysis The project Planner and Commission technical staff in the areas of economic development and transportation conducted a site visit on March 8, 2004. The project Planner and Commission staff also met formally with the applicant and the Town of Barnstable staff on April 8, 2004 to discuss the project. At that meeting, the project applicant, William Street Corp., indicated that the interior re- fit was the first stage of a two-part project. The second phase of the project would .involve changes and/or upgrades to the exterior facade. The applicant noted that this phase of the project was still conceptual. He said that the plan was to complete the interior retro-fit first, allow the tenant to occupy the building, and then proceed to design the exterior changes. Because the building is located within the Hyannis Main Street Waterfront Historic District (see comments below on Community Character), Commission staff asked the applicant to provide additional details to the Regulatory Committee concerning proposed changes to the building's exterior. Even though the applicant's plans to change the exterior facade were conceptual at this point, Commission staff also recommended that the applicant seek clarification on this from the Historic District. Commission staff have analyzed the information provided by William Street Corp. and would offer the following comments in the areas of natural resources, water resources, hazardous materials and wastes,transportation, economic development and community character. NATURAL RESOURCES The project is not located in a Significant Natural Resource Area. Commission.staff does not believe that the proposed project will significantly increase impacts to natural resources or open space. Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use 4 WATER RESOURCES The project site is connected to town sewer. Insufficient information was provided to evaluate the net change in wastewater flows to the Hyannis Water Pollution Control Facility, however, it is not anticipated that the proposed use (professional.office) would substantially increase flows when compared to the prior uses in the space (pizza shop, church and antique store). However, the impacts of stormwater runoff could not be evaluated based on the information supplied by the applicant. Site plans indicated the possible addition of some screening shrubbery around the perimeter of the parking area (plan submitted to Barnstable Site Plan Review), but the location and condition of catch basins as well as impervious grading elevations were not provided. Based on this, Commission water resources staff recommends the Regulatory Committee seek additional information concerning the current condition of catch basins and how the site's stormwater runoff currently is and will be managed. HAZARDOUS MATERIALS/WASTES According to maps produced for the 2002 RPP (as amended), the project site is not located in either an existing Wellhead Protection District or a Potential Public Water Supply Area. As such, Commission staff has not considered Minimum Performance Standard (MPS) 4.3.1.3 in the context of this project. The other MPSs in the 2002 RPP that deal with hazardous materials and wastes require that development and redevelopment make reasonable efforts to minimize their hazardous material use and/or waste generation, that the development be in compliance with Massachusetts Hazardous Waste Regulations, and that development and redevelopment prepare an emergency re spouse plan. The project involves retrofitting part of the interior of an existing building to serve as offices for the MA Department of Social Services. No information was provided by the applicant concerning hazardous materials or wastes attributable to Spiritus Pizza, which occupied part of the space until 2004, or the rest of the building involved in this project. Commission staff did ask the applicant at the April 81h meeting if the building had been surveyed for asbestos-containing materials (ACM). He indicated that it had been, and that none were found. Staff recommends that the applicant provide evidence of this to the Regulatory Committee. This could include the examples of the work specifications showing that a pre-demolition inspection was done for the presence of suspect ACMs and lead-based paint. The applicant should also provide the Regulatory Committee with evidence that any ACM and lead-based paint, if found, was disposed of properly. According to information and discussions with Town staff at the April 8, 2004 meeting, the site is supplied by natural.gas, and the Fire Department has no record of an above- ground, vaulted or below-ground tank on the property. Staff Report to Regulatory Committee—500 Block (Hyannis) Change of Use J 5 Overall, very limited information is available concerning hazardous materials/or wastes attributable to the prior tenants. The prior tenancies presumably generated fluorescent bulbs, which are hazardous wastes in Massachusetts. The new project (DSS office) will also generate used fluorescent bulbs and potentially used computers, which are also regulated in Massachusetts as hazardous waste. It is also unclear if the applicant or DSS office has plans in place that make reasonable efforts to minimize their hazardous material use and/or waste generation, or if they have an emergency response plan in place. Based on this, hazardous materials and wastes attributable to.the DSS office would be at least fluorescent bulbs and used computers. At the same time, the site is not located in a Wellhead Protection District or a Potential Public Water Supply Area. Staff recommends that the applicant provide the Regulatory Committee with evidence of a program in place to properly recycle/dispose of any hazardous waste generated by the proposed occupant, including used computers and fluorescent bulbs. The Committee should also seek clarification about whether the applicant or tenant has plans in place to minimize the tenant's hazardous materials use and/or waste generation, and that addresses emergencies. TRANSPORTATION The project applicant proposes to use the existing primary access driveway on High School Road and the existing secondary access driveways on North Street in Hyannis (see Site Plans). Both North Street and High School Road are Regional Roads as defined in the Regional Policy Plan. Commission transportation staff conducted a site visit and discussed this project and its impacts with the Town of Barnstable. As noted above in the section concerning Change of Use Determination, the standard for Change of Use projects involves the Regulatory Committee determining whether or not the project poses significant transportation impacts. Commission transportation staff calculated the expected traffic impacts of this project based in information contained in the Institute of Transportation Engineers Trip Generation manual (71h Edition). Commission staff calculated the traffic impact based on the square footage of the existing facility (retail) and.proposed facility (office space) as outlined in the applicant's Change of Use Application. A comparison of the trip generation estimates based on the different type of use is shown below in Table 1. (see next page for table) Staff Report to Regulatory Committee—500 Block (Hyannis) Change of Use 6 �r Table 1 — Trip Generation Estimates (vehicles per hour Existing Use Proposed Use (Net Decrease) (14,500 SF retail space) (14,500 SF office space) Net Increase Average Daily 623 160 (463) Traffic Morning Peak 15 22 7 Hour Afternoon 54 22 (32) Peak Hour Saturday Daily 725 34 (691) Traffic Saturday Peak 72 6 (66) Hour IBased on ITE Trip generation manual,7`h Edition,LUC 820. 2Based on ITE Trip Generation manual 71h Edition,LUC 710. Commission transportation staff has concluded that the reduction in project traffic during 4 of the 5 time periods calculated on the Regional Roadway system indicates that the transportation-related impacts of the proposed use,will not be more detrimental than those of the immediately prior use, when considering the resources protected by the Regional Policy Plan. . Safety and Site Access Commission transportation staff conducted a site visit and discusses this project with the Town of Barnstable. Based on this information, and on an expected reduction in site traffic, no degradation in public safety is expected. Staff also concluded that adequate sight distance is available at the project driveway locations. Transportation Recommendation Based on the findings listed above, Commission transportation staff has determined that no new traffic would be added to the roadway system as a result of this j roect, and that p there is adequate site distance, and no degradation in public safety is expected. Therefore, staff recommends that this project may proceed without any additional Development of Regional Impact review in the area of transportation resources. ECONOMIC DEVELOPMENT This project will have a positive impact on the Hyannis downtown business district, which is.consistent with the 2002 MPS 3.2.1 which seeks to focus development in Growth/Activity Centers. Based on information provided by the applicant, where minimal employment previously existed, this project will bring seventy-eight (78) full- time employees, along with one (1) part-time person to the downtown area. The vast Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use ,a 7 majority (81%) of these employees live in Barnstable County and 8% of the people employed are considered disabled, elderly, or of a minority group. Wages for these positions will average $24.07/hour, well above average, with the lowest wage to be at $12.76. All full-time employees will receive a full benefit package. This employment mix is consistent with several economic development priorities listed in the RPP. While it is important to note that these jobs are not new to Barnstable County, having been located in Yarmouth previously, they will help to add activity to downtown Hyannis at a location that has been relatively vacant to date. In economic development terms, therefore, the impacts resulting from this Change of Use will not be more detrimental than those of the immediate prior use. COMMUNITY CHARACTER Historic Preservation, Site Design, Building Design, Landscaping Section 4(1)(d) of the Enabling Regulations (see attached) states "[t]hese thresholds shall not be applicable to developments that include demolition_ or substantial alteration of Historic Structure(s)." This requirement becomes important, because the building in question. is located within the Hyannis Main Street Waterfront Historic District. Also, at the April 8, 2004 meeting of Commission staff, Town of Barnstable staff, and the applicant, the applicant indicated that the interior re-fit was the first stage of a two-part project. The second phase of the project would inyolve changes and/or upgrades to the exterior fagade. The applicant noted that this phase of the project was still conceptual. He said that the plan was to complete the interior retro-fit first, allow the tenant to occupy the building, and then proceed to design the exterior changes. An April 7, 2004 letter from Thomas A. Broadrick, AICP, Barnstable's Director of Planning & Zoning (attached) indicates that he believes that the building is unlikely to be of historic or architectural significance. However, because the structure is within a designated Historic District, Commission staff has asked for an opinion from the District regarding the building's historic significance. Staff notes that the Historic District Commission has the authority to review or deny any exterior changes to the building. . Staff hopes to have additional information on this matter to present to the Regulatory Committee at its meeting on April 26, 2004. Exterior Lighting Using the site plans as a guide, and based on the March 81h staff site visit, it appears that exterior lighting for the site consists of on-building and parking lot fixtures. Based on the materials submitted by the applicant, it does not appear that the proposed Change of Use will result in any significant changes to the existing site exterior lighting. The Williams Street Corp. may upgrade on-building lights at exit doors to comply with the present Building Code. However, given the nature of the existing exterior lights, the location of the site, and the location of the exit doors, Commission staff believes this Staff Report to Regulatory Committee—500 Block(Hyannis) Change of Use 8 would not represent a Change of Use in the area of exterior lighting requiring further Commission review. Commission staff would nevertheless strongly encourage the Williams Street Corp. to install replacement fixtures consistent with Technical Bulletin 95-001, particularly ones that are energy-efficient, fully-shielded and down-directed. CONCLUSION Based on an analysis of the information presented to date, it appears that the project does not present issues that would warrant further Commission review in the areas of natural resources, economic development, transportation, and exterior lighting. Commission staff, however, recommends that the project may present issues warranting further review in the areas of water resources, hazardous materials/wastes and historic preservation. Based on this, Commission staff recommends that the Regulatory Committee seek clarification about issues raised in these areas. This will help the Regulatory Committee to determine if further Commission review of the project is warranted. 1 Staff Report to Regulatory Committee—500 Block (Hyannis) Change of Use