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PS Form 3800,August 2006(Reverse)PSN 7WO-02-000-9047 -
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f Town of Barnstable
L
zoning Board of Appeals
Decision and Notice
Special Permit - Reduction of Required Parking
Appeal No. 1994-56
Summary Granted with Conditions
Applicant 259 North Street Real Estate Trust
Address: 297 North Street, Hyannis, MA 026 1
t .=; -
Property Location: 259 North Street, Hyannis, MA
Property owner: Stuart Bornstein, Trustee
Address: 297 North street, Hyannis, MA 02601 14 -4
t Assessor Map/Parcel: 308-073.02 0.85 acres
L Zoning: Business B District
Overlay District: AP - Groundwater Protection
Request: special Permit for Reduction in parking for an
existing structure and for a proposed new structure.
Development Activity: To add a 40 ft. by 200 ft. one story commercial office
building (8,000 sq. ft. gross floor area) to the site
that has an existing office building (with 14,244 sq.
ft. of floor area) and for which a variance is sought
,.. to permit the attic to be usable (2,400 sq.ft.)
Procedural Prov.sions: section 5=3.3 special Permit
Background information:
.The locus is on the south side. of North street between sea Street Extension
and Basset Lane, Hyannis and is adjacent to the Town of Barnstable North
Street/Basset Lane Parking Lot. The applicant is requesting a special Permit
:for the reduction of required on-site parking for the entire proiect site.
Procedural Summary:
- The application was filed in the Town Clerks office and the Zoning Board of
Appeals on May 2, 1994 and a public hearing was duly scheduled and opened at
the zoning Board of appeals meeting of June 22, 1994.
-._The petition was heard by Board Members T. DeRiemer, D. Bliss, E. Nilsson, R. `
Jansson and Chairman R. Boy.
zBA meeting of June 22, 1994:
Mr: Bornstein representing himself is requesting a -special permit for the
reduction of parking. This site presently has two building foundations in
addition to the existing building. The two foundations were originally for
buildings of two stories each. They have sewer, water and electricity. The
proposal is to down size the original plans to one story instead of two and
merge the two foundations into one new building plot.
Decision and Notice - Appeal No. 1994-56
�. -'Special Permit - Reduction of Parking: Bornstein
A -
Mr. Bornstein explained that he 'has a financial company who wants to rent and
would definitely provide 25 good paying jobs.
Arthur Traczyk commented that the existing building (previously so-called
Williams Building) is part of the total project. The previous special Permit
for reduction of parking for the original project had questions as to
validity; and he, Mr Bornstein, is trying to make the new total proposal,
including the request for parking reduction, completely valid now.
Mr. Bornstein said he would withdraw his right to have a second story on the
new proposed building and would allow a condition of only one tenant. '
Regarding the issue of landscaping Mr. Bornstein said that he had already
given the town $10,000 dollars for site improvements to redesign and add
parking and landscaping.
Public comment was then invited. Joseph Chili, a landlord, tenant and
merchant on Main Street spoke in opposition citing problems with parking.
Understanding that Mr. Bornstein would utilize the public parking lot to
accommodate his overflow cars Mr. chili said that the town lot had been slowly
given away by the town and there was no more room to give. He informed the
- Board that a car dealer and tour busses also use it.
Jeff Taylor of Cellar Leather and Pam Chapel of common West both spoke in
opposition citing the same reasons as Mr.. Chili.
Mr. Bornstein's rebuttal was that merchants may be short sighted. He again
reiterated about the year round jobs that would be provided and reminded the
shop owners that people with good jobs buy more merchandise on their lunch
hours and after work. He stated that offices let out at 5:00 PM and would not
-interfere with the tourists who frequently come after dinner to walk on Main
Street.
Mr. Jansson reminded Mr. Bornstein that be needed a total of 79 parking spaces
not 30. Mr. Bornstein said he was allowed 80 spaces. He originally had 52 or
53 on-his site and when he paid the town to redo the parking lot it was
partially supposed to go for the right to use an additional 30 town parking
spaces.
-.Mr. Jansson reminded Mr. Bornstein that the permit that he was referring to
was granted by the Selectman's office and had not been recorded and therefore
was in question as to validity.
Mr. Bornstein commented that the only major issues site Plan Review has is the
landscape plan and the dumpster location„ and that until the Board of Appeals
resolves the parking reduction issue he can't go forward with the final
concept drawings, after which he needs detailed architectural plans. He is
willing to grant whatever the Board wishes - just make it a condition.
V R." Jansson noted that the Site Plan Review Committee has addressed a letter to a
-this Board dated June 16, 1994 in which there are several concerns to be
',addressed tomorrow. Impact on senior citizens Housing, adequacy of dumpster
area, potential use of the attic space, clarification of relationship of this
project and the town parking lot, walkwaq, landscape, sprinkler main location.
2
Decision and Notice - Appeal No. 1994-56
Special Permit - Reduction of Parking: Bornstein
ti
Mr. Bornstein is to submit additional documentation regarding these things
t tomorrow at the Site •Plan review Meeting.
Art Traczyk additionally noted that the Legal Department may need to look at
the easements over the town land to get to the back (south end) of Mr. .
Bornstein's property where there is additional on-site parking.
Chairman Boy, due to unresolved issues and the pending Site Plan Review
action, postponed this hearing until July 6 at 7:15 PM
ZBA Meeting of July 6, 1994:
As Mr. Jansson was not in attendance, Chairman Boy told Mr.' Bornstein that
they would continue and in the event that the missing vote impacted Mr.
Bornstein's appeal negatively, then they`would continue this hearing until Mr.
Jansson could attend. Mr. Bornstein agreed.
r
A letter from Arthur Traczyk was read into the record (see file) for updating
information. Essentially it summarized site Plan Review resolution of most
issues and that final detailed approval of landscaping is recommended to be
with site Plan Review, if this appeal is granted, and that the building would
be limited to office space only.
E. Nilsson responded that there should be a condition regarding liability and
adverse possession on the public landscaped land that Mr. Bornstein will
maintain.
A. Traczyk advised that a condition might be imposed that the Town Attorney
review this aspect of the decision should it be granted. •
Findings:
A motion was made and seconded to accept the following finding of facts:
1. The applicant has offered to reduce the development intensity on a lot
that presently has two foundations capable of having an additional
10,000 sq. ft. of floor area to one building of 8,000 sq. ft. gross
.- floor area.
4
2. The property abuts to the east the North street public parking lot which
is under utilized for most of the year. -
3. The two foundations were in place prior to the applicants. purchase of
the property.
4'. in this zone (Business B District) it is common for retail stores and
offices '' adjacent public parking to use that fact as a basis for
requesting a reduction of zoning required parking requirements. $
5: :.a Applicant .has already contributed to the town in excess of $10,000 to
redesign and landscape the parking lot to which these buildings abut.
6. In granting this permit it would not be substantially detrimental to the
neighborhood nor in contravention of the spirit or intent of the zoning
ordinances of the Town of Barnstable.
3
Decision and Notice - Appeal No. 1994-56
; `Special Permit - Reduction of Parkins: Bornstein
r VOTE:
AYE: T. DeRiemer, E. Nilsson, D. Bliss and chairman Boy
NAY: None.
conclusion:
Accordingly, based upon the findings and the evidence presented to the Board,
a motion was duly made and seconded that Appeal No. 1994-56 for a special
Permit according to section 4-2.8 - Reduction in Parking, and section 4-2.7
' Parking Requirements, be granted with the following conditions:
l. ' That a reduction of 47 parking spaces from the zoning required 79 on site parking spaces to 32 on-site parking spaces be permitted.
2-. That the relief is granted for the existing 14,244 sq. ft. three level
structure (basement and two floors above ground) and for the proposed
8,000 sq. ft. one level structure; and that the layout of the structure
shall be as proposed in the plan entitled, "Drainage Improvement Plan
for the Proposed office Building at 259 North street" prepared for
Stuart Bornstein dated March 23, 1994, revised April 26, 1994.
3. That the use of all structures is limited to office use only- and shall
not include banks or medical offices; and that the existing three level
structure shall be limited to a maximum of three office suites and the
single level structure to one office suite. .
' 4. That there shall be no further division of the lot.
5. That the maximum height of the new_ structure shall be 13r- feet as
measured to plate; and that the use of the attic space shall be limited
to mechanical only and shall not be designed to be habitable.
6. That the applicant shall. design and reconstruct a 5 foot wide concrete
sidewalk with brick trim between the proposed structure and the public
parking lot, linking the parking.lot with Main street and North street.
7. That the curbing on the edge of the public parking lot as it abuts the
applicants property will be completed, inclusive of handicapped access
curb cuts.
8. x That the design and implementation of the development of a landscape
plan within the area defined as the "knock-out" area with sod and a
minimum of five two inch caliber shade trees.
9: > That the landscape plans for the overall site and inclusive of the area
of: the recreated sidewalk and knock-out area shall be submitted to site
Plan Review committee for their final approval prior to seeking a
building permit; and that all items proposed shall be completed to the
satisfaction of the Department of Public works; prior to issuance of -the
occupancy permit for the new 8,000 sq. ft. structure. ,
10. That the applicant shall be responsible for the maintenance of all
landscaping and walks located from the curb of the parking lot to his
property; and that maintenance and use of the public spaces shall not in
4
Decision and Notice - Appeal No. 1994-56
Special Permit - Reduction of Parking: Bornstein
any way indicate that the applicant could .at any time now or in the
" future claim ownership of the property from the town.
�f11. That the applicant shall encourage all lessees to develop and coordinate
car pooling for its workers and encourage employee use of the bicycle.
SECOND: T. DeRiemer
VOTE:
AYE: T. DeRiemer, E. Nilsson, D. Bliss and Chairman Boy
NAY: None
Order:
�• Appeal No. 1994-56 for a special permit is granted with conditions.
Appeals of this decision, if any, shall be made to the Barnstable superior
,Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after
-the date of the lilliig €t this decision in the office of the Town Clerk.
07-14-24
.'Richard Boy, „airman Date Signed
I .Linda Leppanen, Clerk of the Town of Barnstable, Barnstable county,
.Massachusetts, hereby certify that twenty (20) days -have elapsed since the
Zoning Board of Appeals filed this decision and that no appeal of the decision
has been filed in the office of the Town Clerk.
-signed and sealed this day of 19 under the
pains and penalties of perjury.
1
Lin a tepp4en, TOA Clerk
copies: Building Commissioner
Site Plan Review
Board of Health
Hyannis Fire Department
zoning Board of Appeals file
5
NOTES
Site Plan Review Meeting
.Tune 23, 1994
Present: Mary Jacobs, Assistant Town Manager, Gloria Urenas, Zoning Enforcement
officer; Kathy Maloney, Site Plan Review Coordinator; Robert Schernig,
Planning Director; Arthur Traczyk, Principal Planner; David Palmer, Assistant
Planner; Robert Burgmann, Town Engineer; Thomas Marcello, Project Engineer;
Thomas McKean, Director of Public Health; Lt. Chase, Hyannis Fire Department.
Also in attendance: FOR SP-00-80 - Attorney Sabatt; Paul Shanahan, Manager
Cape Resources; Richard Geiser, Energy Answers Corp. FOR SP-26-94 - Attorney
Paulina Reilly, Hayes & Hayes; Peter Sullivan, Baxter & Nye.
SP-22-94 Stuart Bornstein, Trustee, 259 North Street, Hyannis
Mr. Traczyk reported that the request for a Variance for the Williams Building
had been withdrawn from the Zoning Board of Appeals.
A reduction of 45 parking spaces would be necessary for the proposed new
office building. The public lot is comprised of 153 spaces.
Mr. Traczyk agreed to make a list of businesses (in close proximity to the
public lot) that had been granted parking relief, and the number of spaces
reduced.
Mr. Geiler noted that it would not be the intent of a Special Permit to grant
any type of title or rights of passage over the Town Parking Lot.
Mr. Traczyk brought up the possibility of damage to the lot during
construction.
Mr. Bornstein will attend the 6/30/94 Site Plan Review meeting.
SP-25-94 Cape Resources Company (CRC), 280 Old Falmouth Road, Marstons Mills
(SP-00-80)
PRELIM (The notes for SP-00-80 were prepared by Mr. Palmer)
Attorney Charles (Chuck) Sabatt introduced Paul Shanahan (428-2613) , Manager
of site, and Richard Geiser, Energy Answers Corp [1-508-291-2190] c/o SEMASS
Partnership, Rochester, MA, representative of parent Company. He then gave a
brief overview of the stump dump operation, neighborhood environment, zoning
history and in particular, the economic feasibility of a recycling center and .
the reasons for requesting a modification to the Use Variance of ZBA Decision
No. 1975-34.
Bob Burgmann, Town Engineer, questioned the nature of the "Final Grading Plan"
and after discussion agreed to review additional materials which CRC will
submit to the Town for review. other staff concerns were noted including the
100 foot buffer area requirement (from residential) , fence material (cedar
wood) , flagging of the west boundary to establish "site assigned area,, (Firm
of Smith & Mahoney to provide information), and site building permits (CRC to
research) . Plans should be updated or supplemented to indicate all adjustments
due to new sales items.
SN940623
A written response to the Towns May 27, 1994 Intake Analysis Letter was
submitted and it was agreed to accept that as meeting the information needs
for a formal acceptance of the Site Plan Review Application. A SPR number
will be assigned and the site Plan Review committee Request for staff Comments
will be distributed immediately.
The applicant requested and was granted a Site Plan Review time at the June
30, 1994 meeting, with the stated intention of addressing all remaining
concerns and obtaining SPR approval prior to the ZBA hearing scheduled July 6,
1994. The SPR Committee will attempt to accommodate the schedule.
SP-26-94 RCL Associates, Route 28 & Old Post Road, Marstons Mills
(SP-00-74)
A plan and locus map were exhibited. A photograph of a similar facility
located in Somerset was also displayed.
Mr. Sullivan described the project. He noted that 58% of the site would be
devoted to green space. All tires would be stored inside and used tires would
be transported daily to Somerset for shredding.
Based on traffic figures from RCL's other facilities, Mr. Sullivan presented
an estimate of 20 - 60 customers/day (4 - 8 customers/hour) . Hours of
operation would be 7:30 a.m. Monday - Friday. The facility would employ seven
people.
No sign dimensions were available however, Mr. Sullivan stated they would
comply with the requirements of the Zoning Ordinance.
Architectural details had not been developed and Mr. Sullivan contended the
applicant was open to suggestions regarding this. The use of clapboards and a
peaked roof were strongly recommended.
Roof runoff was discussed.
It was noted that to some extent the applicant was being penalized for
building a better facility. If the facility was built with outside storage
for the used tires, it would not trigger Cape Cod Commission review and less
parking would be required. Mr. Palmer encouraged the applicants agent to
consider applying for a DRI exemption.
Parking requirements were discussed. The general consensus was that the
proposal was for a unique business and actual parking needs would be
considerably less than those calculated based upon the Zoning Ordinance and
that additional landscaping and more undisturbed natural vegetation would be
preferable to the additional paving. Mr. Martin will be consulted to
determine if parking requirements could legitimately be calculated differently
- thus enabling the applicant to reduce parking and provide a more
aesthetically pleasing and environmentally sound plan without the added
requirement of a review by the Zoning Board of Appeals.
Lt. Chase asked that the size and location of the water main be shown on the
plan as well as the height of overhead wires.
Mr. Marcello suggested that left turns from Route 28 into the site be
accomplished with a dedicated left turn lane. He believed that the existing
pavement was adequate for this and that that stretch of road was scheduled for
2
i
resurfacing by the State next spring. The alternative would be to use the
existing traffic signal at the intersection of Putnam Avenue and Route 28 as
the only ingress and egress, however it was recognized that this might require
an easement from the present owners of the Cotuit Shopping Center.
The application was accepted for review and will be referred to the Cape Cod
Commission.
Staff comments to be forwarded to the Commission should be submitted no later
than 6/30/94.
PRELIM Cape Cod Bank and Trust, Corner Route 28 and Old Stage Road, Centerville
Mr. Thomas distributed preliminary plans and described the proposal to install
an ATM to the existing drive-through facility at the Centerville branch. He
was informed that a Special Permit from the Zoning Board of Appeals would be
required.
Mr. Burgmann noted that planned changes to camp opeechee Road and to the Old
Stage Road/Route 28 intersection would probably be a help to the applicant.
Traffic impact and circulation would be major review issues.
Ms Jacobs asked Mr. Thomas to make the applicant aware that the Board of
Appeals might not give the plan favorable consideration as the community had
recently been very vocal regarding traffic issues at the shopping center.
Other Items Discussed
A proposal to use a storage building located on Industry Road for storage of auction items
and as a site for 20 - 25 auctions a year was discussed. Site Plan Review
would be required based on the intensification of use (i.e. retail and public
assembly as well as storage) .
A 325 seat restaurant proposed for the old Walgreen's location at the Festival Mall was
discussed. Mr. Geiler maintained that even though off-site traffic impacts
were a major concern, they must be addressed through the Comprehensive Plan,
not through Site Plan Review. The proposed use is allowed in the B Zone.
Mr. McKean noted that the average restaurant in Barnstable has 100 seats or
less.
Mr. Schernig recommended the Town support an on-site link-up with the Stop and
Shop Plaza. .
It was recommended that Mr. Martin and representatives from the Planning and
Engineering Departments meet with the applicant and consider the parking
requirements to determine whether or not Site Plan Review would be required.
It was decided that in the future, free-standing signs would not be referred to the Zoning
Board of Appeals if Site Plan Review staff reach a consensus of approval.
3
L Barnstable Parking and:,riff ic;Commission
C/O Anthony M. Viola M G =-
259A Stevens Street
Hyannis, Massachusetts 02601
Barnstable Selectmen August 7th, 1985
367 South Street
�'yar=r?i rassachusetts 02601
C?� WeC.r?esday, July 31, 1985 the Commission, at its regularly
«r!a'�;;le� rrieet?nq, tWo reouects for special aerrr?its ir? accorc±anrG
,iff. �,G�ttryr; of thr- LC,riin. n PV-I Z��.+G, th!ir,jr,-o!rr Par'-jr.n L en,:arurv•,ar.tc ?
i T if!�rtnpr C?Scussion wa ~?e?rd relative to the re^;:estS. !r?e
C !r.!rn lsslorl.s recommendatior;s and concerns Ea7 follow-
1 , �a= nstab}er Group Limited-. (Appeal l -85)" ._
Lot 06 North Street/ Assessors Map `r308 Lot 73
Construction of (3) three new retail/office buildings
As set forth inYthe by--law;rthe first order of. priority'is to-establi h . ' }
the minimum parking requirement for the proposed'use of.:the parcel. The
BGL plan calls for 2Ti:;b00square feet of officespace`-,in addition to-7 200
square feet of retail space =Under normal circumstances;the sole
;A-.--_ .Fs y5 `
� asw.s�n3'.� xx� -- :
construction of office space would set minimum�parking requirement"spat 1
space per each 300.square_ feet 'and:l ,space_per separate-'suite. Albeit.that-
the number of separate suites has not yet been determined, the proposed
tenant mix as provided by`BPL includes 9 separate,ano.distinct
enterprises. In addition,.the by-law would require 1 space for each 200
square feet of retai I-business/consumer service, plus 1 space per
separate establishment. In this instance we shall assume a separate
tenancy for each 1,500 square feet. Hence, strictly speaking the
requirements would be as follows:
G:�OSS OFFICE AREA (21,600 Square feet)
divided by 300 SF = 72 rec;;ired sPa e�
9 separate suites = 9 recuired spaces
GROSS RETAIL AREA (7,200 square feet)
divided by 200 SF = 36 required spaces
divided by 1,500 (per) _ 5 required spaces
122 (maximum requirement)
The Commission's feeling is that with a project of this scope, there
would certainly be some degree of overlap in use relative to patronization
of the office and retail space. This would call for a reduction in
establishing the minimum parking requirements. In addition, after
Construction, the net useable space might be ac, low as 65-9(.)OT'` r,+ the
RrOp^Sed footage, tai,ine into consideration walls, hallways., foyer c, etr
`l-17CL1 ir, r6`nr:;n�pr..Y T:. !r_� `.G:G^. - _ + .. .
n- :n� r pn:tlrpr-.Er.t f:V
Levine property be established at 108 spaces, reareser:tctive of normal
c 4 jr yrrlt p r l r i r.f r� , t Gut/- �G E_
►r �� )C u ve c ser?�: ate suite/e�rerp!—se cJ0, ris t0 }r.p rrtlrlir.:
rent -,rP—cr rc i\;M,: icy `/rj j r
✓✓ % L
✓vsitr} on this prernise, as BPL has made provision for only "+il F�r`ir►n
SP3,.I.es within the confines of property under their ownership, 68
additional spaces would need be provided and/or waved by virtue of
supplernentary off-premises parking (Town owned We_t End Lot) or by the
the use of the same, whereby peak demands would occur, at different times
of the day.
To accent the positive side several issues are worthy of discussion.
Frstoff the proposed use"is in keeping w.ith (tie revitalization of the �� .
Central Business District The.pl am-cal ls for year round, upscale, retail
shops, to concert with
ices
financial related off The new construction =
would serve to eliminate the existing sheds, in need of more than cosmetic
improvement, and a harborage of decay. In keeping with'the Commission's
goal of aesthetic improvement of Town owned lots, BPL has
committed monies in order that the entire lot can.be;properly landscaped
and maintained for a period of years. They have also proposed a re-lining
of the existing lot, at their own expense. This proper marking of .the lot
would serve to provide an additional 25 spaces. (Please note that the
Commission was aware that a revamping of the lots layout could providr-
the Town with the additional spaces, however we felt a need to await a
decision fom Mr. Levine relative to the land-swap) (in additiO please note
that BPI, has claimed that the re-lining could gain up to 35 sf-a;es
Currently the lot can hold up to 140 vehicles. The BPL plan cal is for 165
spaces after re-lining). in yet another light, BPL has claimed that in a
preliminary meeting with Frank Lambert, it was stated that avoidance of
additional curb cuts on North Street would be welcomed. And lastly,
something can be said about both the seasonality of business and the peak
hours of operation in the West End. During the summer season, the lots
usage is peak (rainy days excepted) in the evening, in addition to weekend
days. The BPL offices would more than likely be closed during the peak
usage.
CO�11,1cNTSMESTIONS?
_ � � {rani.•, �hG 1-t iC !yni'iGr!,ii� -Gri p::G, tr,r
:G - ,�1-.t r, t r, Y {
deveIor,)m,ent, we could be faced witri quite the optpo_ite pscerarir.;. !r, a
`.�. r` '•�'�'`y yr �7f t .A Jr ahilit7! tl• t%r o,�iyG `�E+1't1r`I!ar Sri\ ��� �rl Sf�ar e,.
r,C)�.. `!1IG'r•uGC !IC,F+C. trlF fr}il �!�r•-t h rr•r GC, irT:r,;,r,f. nrr :r,1Y tr
rr;ire;rY���„-. rEgl irerrieritS a� e.Sta llSrie� for ENi_: v'`;', re V, �i�� npeci
Crr,r' . pGtr)rorir,r;Z+ely 75 spaces. (Thjc is baGGd or1 G,C Dr _ _ t of retai Ic ;.r
at I space per 200 feet OR 45 spaces PLUS i. spn-ce n er 30 feet of 9,000
feet of office space OR 30 spaces). M`_:srs. O'Neil, Hcc:tetter and, O'1jaile
h2.le pro..ided or:-site parking for 35 vehicles. HENCE:
Needed to arrive at MPR (Whiteacre) = 40 spaces
(9 of which provided by license agreement
dated 12/12/84 in exchange for easement
from Bassett lane)
License granted-to Shawmut Bacnk
C12/12, 1984) _ 9 spaces
Needed to arrive at MPR (BPL) 68 spaces
TOTA-------------------------------------------- 117 spaces
The lots Capacity, even after re-lining will only be set at 165 spaces.
A cuick Calculation reveals that hypothetically, only 48 spaces v►Jil1
remain to service the needs of the entire cast of otl,e� erlhar,ts in the
WeSt En� { Hy-r iS OnE? C?^ Conclude that the ^nC l: ill eC lot \gill
Hyannis. ! F ��r r t 7 t t+
become over-burdened if the BPL protect is allowed to proceed according
to plan. In another light, even before the new by-law was adopted,
Whiteacre made provision for 35 spaces in addition to the 9 licensed to
them by the Town. The 44 spaces when compared with the total 18,000
square feet of construction, is representative of 1 space for every 410
square feet of building. This is considerably more than the BPL proposal
_ for 40 spaces in comparison with 28,800 square feet of construction. The
latter rec.resents 1 space per every 720 square feet of tDuileing.
The Commission certainly has other concerns relative to parking and
traffic in the area. In an attempt to keep this concise this memorandum,
the following is an additional listing:
I ) Service and delivery access would severely limit the L'5e of sp�ce5 a5
prese^ted on the BPL plan, perhaps forctnc the Oevelonerc: tc e'imir;:'te
three or four. v _
?` T hp r.rlricin 1c, aCG r)•., `er �.;J h ' r,t C ii-rr,lf?�.V v lr hG.
%'J': \'S
rlrr,fGcejr,,�n:l prlrjr.pGr J
1
4: P1e that both he Office ce o, ro: rn,in y f.e��e,!.Y}rrr.t and
.�.__ note tl,? both t f 1 f (• n-, r�•r.li:i '
Commission attempted t0 prOm[)t c l arid.-SV'?Ft (20?,000 f eet for 1 0,nr);)
feet of frontage), in order to help pain additional ict
s�)ace for he ► cr
t , ;v�.
over a. year aLo. The a rroval of the plan a_. nr ,:_.e_rted �er4er_ as
ar) ex .1w_t
contrast to our attempts to secure additional space.
S) With use of a common entranceway, what might happen if the lot was to
become gated sometime in the future?
6) Does the proposal stray to far from the maintenance of a pedestrian 4 '
z,
oriented Downtown area. In-'addition,Ahere are considerable traffic -
concems.
7) Would the developers be interested in perhaps a friendly sale to the
Town of let's say a portion of the property?
8) 1s even the plan that was submitted feasible? If there is further
consideration, we believe Engineering should receive a copy so a to
I.
Provide us with information relative to it's ability to accomodate the
number of vehicles so stated.
c
r
After further discussion IT WAS VOTED that the Commission recommend
to the Selectrr,er, that approval of a special permit riot be 'cranted to
Barnstable Properties Limited, a<< per the p,larj presented
We feel however, that the applicants. plan indeed had rruch merit, and
C frl F,G rpi`fr.r:ryp r e A (,r:j'•.� vi C,r - rpn -+i'. ir. t'r.r ir,'�.r.0 if• r,r. { 1:-
Re r)er f..1l'y submitted,
An,tho y M l cIZ.
Acting Co-Chairman
Barnstable Parking and Traffic Commission
August 7, 1985
� h�+xTe�euM��rw9'Y - f
TOWN OF BARNSTABLE .xi
Zoning Board of Appeals
Application for a Special Permit
Date Received For office use only:
Town clerk's Office: Appeal# /Po 7
Hearing Date _ 4-/9-0/
Decision Due 1:5i e4 ggy z
The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for the
reasons set forth below:
Applicant Name: _ Stuart A. Bornstein . Phone: (508) 775-q-
ApplicantAddress: 297 North Street Hyannis, MA 02601 .
Property Location: 259B North Street, Hyannis, MA 02601
Property,owner 259 North Street -L-imited Partnership .Phone: . (508) 775-9316
Address of Owner_. 297 North Street, Hyannis, MA 02601
ff app�A nt differs from owner, state nature of interesta
Assessor's Map/Parcel Number. 308-073:02 Zoning.District: Business B District
Number of Years Owned: 10+ years Groundwater Overlay DisWckAP - ground water protection
Special Permit Requested:_ Modification of Special Permit
Cite Section& Tide of the Zoning Ordinance
Description of Activity/Reason for Request: _We for nne tenant in the building;
we are now requesting two nffire suites, one far-6,non' and nnP fnr
2,000
Attach additional sheet if necessary
Does the property have any existing Variance or Special Permit issued to it?_ Ye c
Permit No.
1 if the applicant differs from owner,the applicant will be required to submit one-original notarized letter, copy of a
proposed purchase&sales agreement or lease, or other documents with the application to prove standing and
interest in the parcel or structure. _
A, +cation for a Special Permit-Page 2
Existing Level of Development of the Property-Number of Buildings: one
Present Use(s): office
Gross FloorArea: 8,000 sq. ft
.Proposed Gross Floor Area to be Added: No_ sq. ft.,Altered:
s9.ft.
Description of Construction Activity(if applicable): None
Attach addifional sheet and plans ifnecessmy
Site Plan Review(required to be completed prior to applying to the Zoning Board of Appeals):
Site Plan Review Number. Date Approved:
[ J-Not Required-Single or Two Family.use
Is the property located in a designated Historic District?.....................:.......:...................... Yes[ ] No[ j
ifyes [ J-Old Kng's Highway Regional Historic District
Date Approved(if applicable)
[ ]-Hyannis Main Street Waterfront Historic District
Date Approved(if applicable)
Is the building a designated Historic Landmark?..............:............................... ... Yes[ ] No[
Have you applied for a building permit?..... .........................
Have you been refused a building permit?....................................................................... . Yes[ No[ ]
Yes[ ] No[
The following information must be submitted with the application at the time of tilin
a denial of your request g, failure to do so ma
y result in
• Three(3)copies of the completed application form,each-with original signatures. .
• Three(3)copies of a certified property survey (plot plan)and one(1)reduced copy(a 1/2"x 11'or 11°x
170)showing the dimensions of the land, all wetlands,water bodies,surrounding roadways and the locatio
of the existing improvements on the land. n
• Three(3)copies of a proposed site improvement plan and one(1)reduced copy(81/2"x 11"or 11"x
171,drawn by a certified professional and found approvable by the Site Plan Review Com
mittee
e(if
applicable). This plan must show the exact location of all proposed improvements and alterations on the
land and to structures. See"Contents of Site Plan",Section 4-7.5 of the Zoning Ordinance, for detailed
requirements.
• The applicant may submit any additional supporting documents to assist the Board in making its
determination.
Signature: Date: ,.
Applicant's or Representative's Signature
Representative's 297 North Street Phone: (508) 775-9316
Address'. Hyannis, MA 02601 (508) 775-6526
Fax No.:
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Appeal#2001-107 jN
MAP 308 PARCEL 073-002
BORNSTEIN
HYANNIS S
SCALE: P=200'
*NOTE: Planirneffi4 to mphy,and NOTE: The parcel lines are only graphic representations DATA SOURCES: Manimetrics(man-made Wtures)wow interpreted from 197S aerial photographs byThe James
vegetation were m to
meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by photographs
Map Accuracy Standards at a scale of do not represent actual relationships to physical objects (orpomfion. Planimetriq topography,and vegetation were mapped to meet National Map Accuracy Standards]
1'=]W. I mops.
on$8 map. at a scale of I 100'. Parcel lines were digitized from 2000 Town of Barnstable Assessor's tax mops.
..\zoning\308-073-002.dgn 08/15/200108:05:54 AM
Property Location: 259 NORTH STREET MAP ID: 308/073/002/
Vision ID 24920 Other ID Bldg#
Card 1 of 1 Print Date:08/15/2001
1
59 NORTH ST LMTD PTNSH Description Code A raised value Assessed Value
97 NORTH ST OM LAND 3400 156,300 156,300
ANNIS,MA 02601 OMMERC. 3400 699,600 699,500 801
*: OMMERC. 3400 9 000
�:� '', .�'�� ;; � 99000 Barnstable 2001,MA
ccount# 220424 Plan Ref
Tax Dist. 400 Land Ct#
er.Prop. #SR
Life Estate
DL 1 LOT 6 Notes:DL 2 VISION
GIS ID
T
otal 864,800 864,800
59 NORTH ST LMTD PTNSH
C137680 07/ _., , , ,' ,.,_ �� .,-. SCR ,, _ ,•� t , .,. �;. a;
15/1995 U I 100 B Yr. Code Assessed Ya1ue Yr. Code Assessed Value Yr.. Code Assessed Value
ORNSTEIN,STUART TRS C124887 11/15/1991 U 1 4209500 L 2000 3400 125,100 999 3400 125,100 998 3400 125,100
HAWMUT BANK,NA C122995 04/15/1991 U I 500,000 L 2000 3400 733,600 999 3400 733,600 998 3400 733,600
ILLIAMS,ROGER P TRS C110891 OS/15/1987 Q V 4759000 2000 3400 3,600 999 3400
OGEL,MICHAEL H TRS ETALS C104963 05/15/1987 Q I 223,000 9,000 998 3400 3,600
EVINE,ROBERT W TR C88042 02/15/1982 Q 0
'' "lu:. gh�Total 867 700 Total: 867 700 Total: 867,700
- -- :. , � . This signature acknowledges a visit by a Data Collector or Assessor
Year T e/Descri lion Amount Code Description Number Amount Comm.Int.
Appraised Bldg.Value(Card) 659,900
Total
� App9,600
raised raised B XF(B)Value Value(Bldg)
39,000
Appraised Land Value(Bldg) 156,300
*BLDG STILL 40% ` Special Land Value
UNUSABLE AS OF
1/1/94
Total Appraised Card Value 864;800
2ND FL i 100%COMP Total Appraised Parcel Value 864,800
ND FL C Valuation Method: Cost/Market Valuation
1/95.
et Total Apprais
ed Parcel Value 864,800
Permit ID
Issue Date TDescription
e Descri tion
35421 12/16/1998 Amount Ins .D
! S b
Com . Date Com
RE emodel/Renov 6,000 1/1/2000 ate / . Comments Date ID Cd.
B37143 Pur ose/Result
. 100 10/1/1994 AC 60,000 TERIOR 2/15/1995 GB 01 eas/Est
B32172 8/1/1988 NC 0 ALTER.
B31389 11/1/1987 NC 500,000 3/15/1991 50 HY OFFICE
B30300 12/1/1986 D 900,000 0 HY OFFICE
0 1/15/1987 100 HY BLDGS.
B# Use Code Descri lion Zone D Frontage Depth Units Unit Price I.Factor S.I. C.Factor Nbad. Ad Notes-AdYS ecial Pricin Ad' Unit Price Land Value
1 3400 OFFICE BLD
B 4 104 1 0.85 AC 109,000.Ol1 1.00 E 1.00 HY09 1.69 PCL(.85,U30)Notes:30 3SITI 183,912.60 .156,300
Total Card Land Units 0.85 AC Parcel Total Land Area:
0.85 AC Tntnl r nsrd i/,.).. .,.._....
Property Location: 259 NORTH STREET MAP ID: 308/073/002//
Vision ID:24920 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/15/2001
<,.
..3d :>:.: .i•,...»:ea,. ' .,.R 5 Element I Cd. JCh.I Description Commercial Data Elements
tyle/Type 18 ffice Bldg Element Cd. Ch. .Description
lode l 4 Commercial eat&AC 3 YPICAL UHS 81
rade C+ verage Grade rame Type 3 MASONRY US
aths/Plumbing 2 AVERAGE AS
tories .5 1/2 Stories FB
ccupancy 0 eiling/Wall 8 YPICAL
ooms/Prtns 2 VERAGE
xterior Wall 1 0 rick/Masonry /o Common Wall
2 all Height 12
oof Structure 3 Gable/Hip
oof Cover 3 sph/F GIs/Cmp
nterior Wall 1 3 lastered
2 Code V �Description actor
'omlex
merior Floor 1 14 arpet loorAdj 6
nit Location 0
eating Fuel 3 as
eating Type 4 of Air umber of Units
C Type 3 Central Number of Levels
/o Ownership _
edrooms 0 ero Bedrooms
athrooms ero Bathrms ,
0 Full
nadj.Base Rate 58.00
otal Rooms Size Adj.Factor 0.77838
Grade(Q)Index 1.29
Bath Type Nbhd Adjustment 58.24
Kitchen Style Adj.Base Rate 891,713 1 14 13 14
Bldg.Value New 1988
Year Built 1988 27 13
ff.Year Built 12
rml Physcl Dep
uncnlObslnc 14
x w ,r M EXEUIz •' con Obslnc
pecl.Cond.Code
3400 OFFICE BLD 100 veer Condall%Con 4
o Overall
59,900
eprec.Bldg Value
' la(? OUP LD$, G A 17�tJI {L n� "
.Ao vbr.... ... - w `,Y�ac.�:r
Code Description LIB Units Unit Price Yr. DD Rt %Cnd. Apr. Value
ELEV Elevator B ` 3 15,000.00 1988 1 100 39,600
PAVlPAVING-ASPHALT L 20,000 0.90 1996 0 50 9,000
,11
BIIL �s.:' .W.
. ,.111ARYSL .. Y t
Code Description Livin Area Gross Area Eff.Area Unit Cost Unde rec. Value
BAS First Floor 5,020 5,020 5,020 58.24 292,365
FUS Upper Story 5,020 5,020 5,020 58.24 292,365
SFB Base,Semi-Finished 4,016 5,020 4,016 46.59 233,892
UHS Half Story,Unfinished 0 5,020 1,255 14.56 73,091
k+
..t
Ttl. Gross Liv/Lease Area _.___._ 14 056 __ 20 080 15 311 Bld al: 891713
AWE Town of Barnstable
�. Zoning Board of Appeals
• s�uvsrasts,
MAE& 230 South Street,Hyannis,Massachusetts 02601
1639. A10 (508)790-6290 Fax(508)790-6454
fp µ(Cl
Stuart Bornstein
297 North Street
Hyannis,MA 02601
Dear Mr. Bornstein:
Attached is a copy of the Zoning Board of Appeals Decision and Notice for Appeal No. 1994-56. The
locus of this Decision is the 259 North Street Building(previously commonly known as"The William's
Building"). The Variance provides the existing structure of 14,244 sq.ft. with a reduction in required on-
site parking. The reduction in parking is based on full development of the site. That includes the
addition of a second structure of 8,000 sq.ft.. Therefore now required are 32 on-site parking spaces as per
development plans submitted to and approved by the Board.
The Board granted your site a reduction of 47 parking spaces from the 79 on-site parking spaces that
would,be required in the Town of Barnstable Zoning Ordinance. This would be for the full development
of the property to 22,244 gross sq.ft.of office space. In granting this relief,the Board found that the
abutting Town-owned North Street Parking Lot"is undenitilized for most of the year."
The Board's decision on this matter grants your office tenants at 259 North Street a reduction of on-site
parking due to the close proximity of the public parking and the shared nature of uses in the downtown
area. It does not provide for the exclusive use of any spaces within the Town-owned parking lot. It also
does not commit the Town to assuring in perpetuity the existence of this lot.
Respectfully:
Art T czyk, rincipal Planner
Attachments: Decision and Notice Appeal No. 1994-56
c• ZBAGail Nightingale,Chairman
ZBA File Appeal No. 1994-56
Thomas Mullen,Commissioner Public Works
Robert Smith,Town Attorney
Ralph Crossen,Building Commissioner
Hyannis Fire Department
Mgt A iq pO
95 High School Road Extension
f•- Hyannis' Massachusetts 02601
1896 Phone : (508) 775-1300 Facsimile: (508) 778-6448.
p S To Report an Emergency Dial 911 or 775-2323
Property Inspection Report Form
Business Name : C '`t Vb Phone :
StreetAddress 2sl� wDa-V 5fi
Sprinkler System :Yes No PSI /
Can System be Pumped When Shut Down? Yes No
FDC Location : Side Near:
Shut Off Location :
Closest Fire Hydrant Location-: .41
Fire Alarm System : Yes No Monitored by Hyannis Fire :
Annunciator Location : Side Near :
Main Panel Location :
Suppression System(s) Yes No Last Inspection :
Key'Box :Yes No
Location :Side Near :
(##=Violation, "=Notes, 0= Uncorrected,4=corrected ) Reinspection Date:
Sr�`:t�3"�t- SiSQ �t _ �sir:b� `fit � �CAS
1 v kft5 om, \0 2 � T
Fire Dept, Ins eAZ
ctor , 60 � Date :
Occupant: �, Phone :
EMERGENC ONTACT NUMBERS
1 . _Rc�•�c_c_ sl1n i~ �6 �- �l �( G�i S Phone :
2• Phone :
3. Phone :
WhitA' Pro nont Dni.ncnnri Din4•Dr.,nnr+..
Town of Barnstable
Regulatory Services
3 SAL Thomas F.Geiler,Director
Building Division
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www,towu.barustable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
PLEASE FORWARD THE ATTACHED PAGE(S) TO:
TO:
ATTN:
FAX NO:
FROM: o 'k, ✓z
DATE:
1
PAGE(S): t (INCLUDING COVER SHEET)
•
If you have any questions regarding this please call 508 862-4032.
Na � ✓2r2 -� �- Pam" y� �� �
� CK -ry
Rev:121901
10 39dd 06Z906L809Z6 ZO:ZZ 966Z/bT/10
AGREEMENT AS TO TERMS AND CONDITION I,IPON WHICH A
TEMPORARY BUILDING PERMIT AND TEMPORARY OCCUPANCY
PERMIT WILL ISSUE FOR THE THIRD FLOOR OF THE PREMISES
LOCATED AT 259 NORTH STREET, HYANNIS, MAS$ACHUSETTS
I, STUART BORNSTEIN, Trustee, Two Fifty-Nine North Street Realty
Trust, as Owner and Lessor [Owner/Lessor] of the premises located at 259 North
Street, Hyannis, MA 02601, and 1
of _
as LESSEE, of the premises located on the third floor
of the building at 259 North Street, Hyannis, Massachusetts, acknowledge and agree
that a temporary building permit will be issued and upon the completion of
construction fully satisfactory to the Building Commissioner, a temporary occupancy
permit will be issued for use of the third floor of the premises located at 259 North
Street, Hyannis, Massachusetts, which is further described and delineated in the
attached plan, subject to strict compliance with the following terns and conditions:
1. The Building Commissioner of the town of Barnstable (Building
Commissioner] has determined that based upon the lot size, square footage of
buildings, and current uses, the premises located at 259 North Street, Hyannis,
Massachusetts [locus, the premises] do not comply with the zoning ordinance of the
town of Barnstable, and to fully occupy the buildings located on the premises the
Owner and/or Lessee must seek relief from the Barnstable Zoning Board of Appeals.
2. The Owner/Lessor agrees that there shall be no use or occupancy of
the 2,400 square feet of the first floor of the building, designated in the attached plan
as until said Owner
receives a final decision from the Barnstable Zoning Board of Appeals [Zoning Board
of Appeals] granting use of the entire square footage of the buildings located at 259
North Street, Hyannis, MA. The occupancy permit for said 2,400 square feet shall
be revoked and no occupancy of that space shall occur until such time as a new
occupancy permit is issued by the Building Commissioner.
3. The Owner and/or Lessee agrees to apply to the zoning Board of
Appeals no later than April 14, 2005 for zoning relief to allow for the use of the third
floor area to be occupied by the Lessee in conjunction with the use of the remainder
of the square footage on the locus.
4. Both the Owner and Lessee acknowledge that the Owner has
previously been denied a special permit to occupy the aforementioned third floor
space in the building at the 259 North Street, Hyannis location. Both the Owner and
Lessee acknowledge that a decision of the Zoning Board of Appeals could result in
the denial of the relief requested and a determination that the third floor space at the
premises cannot be occupied. Both the Owner and Lessee agree that they are
completing the renovations to the third floor at their own peril with the full
understanding that any temporary occupancy permit issued to either party could be
revoked, resulting in the termination of occupancy of said third floor by the Owner
and Lessee. The Lessee agrees to vacate the space on the third floor at the locus
upon the revocation of an occupancy permit by the Building Commissioner.
12005-01151permitagreel
Z0 39dd 06Z906L805Z6 ZO:ZZ 566Z/bZ/Z0
5. The Owner agrees that there shall be no change in any of the other
Lessees at the locus without the prior written approval of the Building Commissioner.
6. The Owner agrees to provide a copy of this Agreement to any
prospective Lessee for the premises located at 259 North Street, Hyannis,
Massachusetts 02601.
7. Until such time as a decision to the contrary is issued by the
Barnstable Zoning Board of Appeals, the Lessees agrees that all of its employees,
contractors and subcontractors shall be prohibited from parking at 259 North Street,
Hyannis, Massachusetts and shall be required to park at 297 North Street, Hyannis,
Massachusetts. No later than April 11, 2005, the Lessee shall present the Building
Commissioner with a plan on how it intends to implement and enforce this provision,
which plan must be acceptable to the Building Commissioner.
8. The Owner and Lessee agree to forever, release, acquit, discharge,
and covenant to hold harmless the Town of Barnstable, a municipal corporation of
the Commonwealth of Massachusetts, and its successors, departments, officers,
employees, servants and agents, of and from any and all actions, causes of action,
claims, demands, damages, costs, loss of services, expenses and compensation on
account of, or in any way growing out of, directly or indirectly, of the issuance of the
building permit, temporary building permit and temporary permit or any revocation
thereof for the premises located at 259 North Street, Hyannis, Massachusetts 02601.
9, The Owner and Lessee acknowledge and agree that the failure to
comply with any of the terms and conditions herein shall result in the revocation of
any temporary building permit and any temporary certificate of occupancy and that
upon such revocation, any and all construction would cease and the aforementioned
third floor would have to be vacated.
Signed under the pains and penalties of perjury this day of April,
2005.
TWO FIFTY-NINE NORTH STREET
REALTY TRUST, Owner/Lessor,
By its Trustee,
Stuart A. Bornstein, Trustee
Holly Management&
Supply Corporation
297 North Street
Hyannis, MA 02601
508-775-9316; 508-775-6526 & 790-6226 Fax
12005-01151permitagre81] 2
60 3Jdd 0EZ906L809Z6 ZO:ZZ 566Z/bt/Z0
F
I
Name of: Lessee
By its Officer:
Office Held:
Address:
[2005-01151permitagreel] 3
00 39bd 0EZ906L80ST6 ZO:ZZ 966T/bT/T0
I/.
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss: Date: , 2005
On this day of , 2005, before me, the undersigned
notary public, personally appeared Stuart A. Bornstein, as Trustee of Two Fifty-
Nlne North Street Realty Trust, proved to me through satisfactory evidence of
identification, which was
to be the person whose name is signed on the preceding document, and
acknowledged to me that he is authorized to sign on behalf of said party and that the
contents of the document are truthful and accurate to the best of his knowledge and
belief.
Printed: _ Notary Public
My Commission expires: _
COMMONWEALTH OF MASSACHUSETTS
ss: [late: , 2005
On this day of , 2005, before me, the undersigned
notary public, personally appeared ,
the of
who proved to me through satisfactory evidence of identification, which was
, to be the person whose
name is signed on the preceding document, and acknowledged to me that he/she is
authorized to sign on behalf of said party and that the contents of the document are
truthful and accurate to the best of his/her knowledge and belief.
Printed: Notary Public
My Commission expires:
i
[2005-01151permitagreel l 4
90 39dd 06Z906L809% ZO:ZZ 966Z/bt/ZO
a
TOWN OF BARNSTABLE
DEPARTMENT OF HEALTH SAFETY AND
ENVIRONMENTAL SERVICES
BUILDING DIVISION
STOP WORK
THIS STRUCTURE AND/OR PREMISES HAS BEEN
INSPECTED AND THE FOLLOWING VIOLATIONS
OF THE BUILDING CODE AND/OR ZONING
ORDINANCE HAVE BEEN FOUND:
1) _ G .G (�
2)
4) e 2v� t G
YOU ARE HEREBY NOTIFIED THAT
NO ADDITIONAL WORK SHALL BE UNDERTAKEN
UPON THESE PREMISES, OR THE PREMISES
OCCUPIED UNTIL THE ABOVE VIOLATIONS
ARE CORRECTED.
ANY PERSON REMOVING THIS NOTICE WITHOUT
PROPER AUTHORIZATION SHALL BE LIABLE
TO A FINE OF NOT LESS THAN FIFTY, NOR
MORE THAN ONE HUNDRED DOLLARS.
Address a r L
Date
I
&iiiildinp Commis ner
i
'f
HOLLY MANAGEMENT & SUPPLY CORPORATION
EDWIN E. TAIPALE,Attorney Phone: ( 508 ) 775-4200
297 North Street Fax: ( 508 ) 775-8789
Hyannis,Massachusetts 02601 email: eet@capecod.net
-- February 19, 2004
Robin C. Giangregorio
Site Plan Review Coordinator
Town of Barnstable
200 Main Street _
Hyannis, MA 02601
-
Re: Site Plan Review7259 North Street
259 North St. Limited Partnership/Dr:NChaturvej17
Dear-Ms Gian re ono
g g In furtherance of certain issues raised-at-the�site plan review hearing on January
am en O osin to above prop&
of the Certifaicnate of Occupancy ne conversation with Tom Perry, I
p
g py `issued-by the.Town of Barnstable on
March 12, 1996,_and a letter dated March 12- 1996 from the.former Building
Commissioner allowing the use'of the third floor of the structure. I am also enclosing a T
copy of the lease with the tenant, iStrategy Capital Partners, LLC, signed by its members,
.-Drs. Neena and,Rahul.Chaturvedi.
As you will_note-from the lease,-it does not describe the use of the premises for
medical offices, but rather for"iStrategy Capital Partners Purposes". It appears that
sometime after taking tenancy, the Drs. Chaturvedi, doing business as Nuspeech
Communications, began seeing medical patients in connection with their use of the
premises. In recent discussions with Dr. Chaturvedi regarding his proposed expansion
into the third floor of the building for medical related uses, the provision of the Special
Permit issued in 1994 (Appeal No. 1994-56), allowing the use of the structure for office
use, but excluding banks and medical offices,was overlooked.
There is currently pending before the Barnstable Zoning Board of Appeals a
request for a Special Permit,pursuant to Section 3-2.3(3), Conditional Uses, to allow the
medical office use in the newly enacted 0-2 Office District. The hearing on this Special
Permit application is currently scheduled for March 3, 2004. This Special Permit, if
allowed, should resolve any issue as to the use of the building for a medical office.
z,
Please,contact me if further information is required to complete the site plan
review process. If further proceedings before site plan review are necessary I would
request that they be made a condition of the Special Permit. Thank you for your attention
to this matter.
Very tru urs,
Edwin.E. Taipale
Enc.
cc: Dr. Chaturvedi...
_- r
TOWN OF BARNSTABLE
CERTIFICATE OF OCCUPANCY
PARCEL ID 308 073 002. GEOBASE ID 22042 PHONE
.ADDRESS 259 NORTH STREET. ZIP -
Hyannis
LOT:..
6.
BLOCK LOT,(SIZE
DBA DEVELOPMENT DISTRICT, HY.,
PERMIT 13717 DESCRIPTION BASEMENT, 1ST, 2ND, 3RD. FLOOR/B USE GROU)
PERMIT TYPE BCOO `:TITLE CERTIFICATE OF OCCUPANCY. ,
CONTRACTORS Department;of Health,:Safe
ARCHITECTS: and Environmental Service
TOTAL FEES Oki
00
BOND
. CONSTRUCTION COSTS ;$ 00 < Qi► ;',;{
� OFOCCUANCY756 * pgTAgI,E, ,+
�, + � ` y`1MA83. s'.fig►
OWNER BORNSTEIN, STUART .TR Ep
A� y
ADDRESS TWO"'. -'NINE` NORTH ST -TR
297' NORTH ST BUILD
HYANN I S` '-MA.
wl
DATE ISSUED 03/12/1996 EXPIRATION 'DATEra" ;.; ;
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03/12/1996 13:42 1-508-790-6230 BARNSTABLE BLDG DIV PAGE 02
The Town of Barnstable
;� Department ofWalth Safety and Environmental Services
Building Division
367 Maid Street,Hyannis MA 02601
Office: 508.790-6227 Ralph Crossen
Fax: 508-790-623t2 Building Commissioner
March 12,1996
Mr.Stuart Bornstein
One Financial Place
297 North Street
Hyannis,MA 02601
Re: 259 Notth'Street,Hyannis
Map/parce1308.073.002
Dear Mr.Bornstein:
After a review of out zoning and,especially,the history of your building at the above address,I have the '
following information for you:
1,. _I lie.bu lding was built under the interpretation o f a prior building inspector that the third level,
because st ts`tltlder SO%of the floor_lielow,did"not count as.a'flit
or
2; ,The,aiuilding-permit was not challenged wstbin°six years even though you did visitthe-Zoning"
"Board"of Appeals for it variance request on the.use,which is very different.
-3. Based on theabove facts,1-would-consider-the structure protected under 40a and for lack of any
dbtctiori torthe conbwy a preexisting-ion-confonniag stru [g: Section 44.7 removes
variance situations bruin 4-4 consideration,but notsttuctures ua;ahis category. .
4;: Section 4-4 4(I)B says that if the use is conformin and the structure isn't,and expansion is
proposed;it is to be allowed as-e matter of right as long as it does not increase the degree of
--non-conformity_of the build
5:; Sttsee the use of thetbird floon-does nt ncrease the non-conformity. . oi ..� nfr
.. .," ty ofthe structure and the use > -
: is confotinin (office use is bein r
g t g proposed), can be allowed.
6. Consequently,I nm enclosing an updated certificate of occupancy for the building.
Sincerely,
Ralph M.Crossen
Building Commissioner
RMCl M
enclosure
QM312A
LEASE
HYANNIS,MASSACHUSETTS
259 NORTH STREET IMITED PARTNERSHIP
THIS INDENTURE OF LEASE made this.l9th day of November, 1998,by and between
259 North Street Limited Partnership,hereinafter referred to as "Landlord", of 297 North..Street,
Hyannis, Massachusetts 02601 and"iStrategy Capital Partners purposes" of 85 Wells Avenue, Suite
200,Newton,Massachusetts 02459, hereinafter known as"Tenant'.
HEREBY WITNESSETH:
ARTICLE I
Premises
1.01 Landlord hereby leases to Tenant,and Tenant hereby.leases from Landlord, upon and subject to
the terms and provisions of this Lease, the property at 259 North Street, Hyannis, Massachusetts on the
first floor,hereinafter referred to as the."Demised Premises". Said building is located on a-tract of land
in Hyannis, Barnstable County,Massachusetts.
_.. ARTICLE II
_.. _ Term-of Lease ,
2.01 To have and to hold the Demised Premises unto Tenant, for the term of five(5)years
immediately.following the commencement of the term hereof.
2.02 The term hereof shall commence-with the opening by Tenant of its business in the Demised
Premises;and the-term hereof shall end on.the:last day of the month(exclusive of such partial month, if
any), five (5) years after such commencement;-the parties thereto agree upon demand of the other, to
execute a written declaration in ecordableform'expressing the commencement and termination dates of
the term hereof when'the commencement date has been determined,which for purposes of this Lease, the
Commencement Date shall be considered Janu 1, 1999 and the Termination Date shall be considered
Decem er 31 2'004 .:.'a�'1 f 9
If Tenants wish to vacate after three years, they would pay $10,000.00 penalty for the
unamortized cost of space.
2.03 Tenant will have a five(5)year option to renew at a four percent(4%) increase per year.
f ARTICLE III
Rent
3.01 Tenant covenants and agrees to pay to Landlord at Landlord's mailing address hereinabove set
forth, or at such place as Landlord shall from time to time designate in writing, rent for said premises as
immediately broken down below:
1
a
Monthly Yearl
year one" ($13.50+$1.00) $2,537.50 $30,450.00 ** C
** year one will actually be$10./ft. & $2.25 will be added monthly to years two
($10.00 x 2100') 1,750.00 21,000.00
year two ` ($14.50+$2.25) 2,639.00 35,175.00
year three ($15.08+$2.25) 3,032.75 36,393.00 *
year four 2,744.56 32,934.72 *
.year five 22-854.34 34;252.08
* reflects a four percent(4%)increase per year.
3.02 Real estate taxes are included in rent(see 30-1)_-however, Tenant will be responsible for any-tax
increases, using 1998 as base year. Tenant shall also pay_all,taxes which may be.charged, assessed, or
imposed upon all signs, fixtures, equipment, and other personal .property of every type and Tenant or
anyone claimed by, through, or under Tenant; and.Tenant pay all license fees which may -be.
lawfully imposed upon the business of Tenant conducted upon the Demised Premises.
For purposes of this Lease, the Demised.Premises:shall..be__.deemed to contain 2,020 + 80 CAM square
feetJor a total of 2100'.
3..02_ There.will be a l-1/2% charge per month on overdue accounts of 30 days which is an annual rate
of-18%o. This clause-will apply to all overdue amounts of rent or any other sums of additional rent paid-
under this lease
3.03 _- LESSEE shall_pay all of LESSOR'S costs and expenses, including attorney fees, incurred in
. . _ _ - --
enforcing LESSEE'S obligations under this Lease
Lessor�acknowledges`that`it-hA§'"received fromIhe Lessee the sum of$ , as consideration.,.
of FirstMonth's and lust Month's.Rents ($1,750 00 +2 854:34=$4,604.34)
-3.05._:--_The Tenant-.shall have the-_right_to renew this_lease,for an-additional five (5) year terms. Ifahis
option is exercised,the lease'amount shall increase by four percent(4%)per year. Option is self-
renewing un_less`Landld d°receives:3.Udays notice=froin:Tenant:via certified mail. -
_
ARTICLE IV
Utilities
4.01 Tenant shall pay for all of its requirements.for utilities, directly to the applicable utility company,
including water and sewer.
4.02 Tenant is responsible for the replacement of all light bulbs within his space and any electrical work
or parts.
4.03 Tenant, at his expense, will be responsible for yearly inspections of fire extinguishers on the
premises. He will maintain appropriate fire extinguishers in sufficient number and of a type appropriateto the premises, all as may be proscribed by local fire department regulations
4.0.4 It is understood, and Tenant so agrees, that the Demised Premises, during the term hereof, shall be
used and occupied by Tenant for"iStrategy Capital Partners Purposes".
2
, Y
4.05 Tenant may assign this Lease or sublet the whole or any part of the Demised Premises with the
consent of the Landlord, which consent shall not unreasonably be withheld or delayed, and in any case
where the Landlord shall consent to such assignment or subletting the Tenant named herein shall remain
fully liable for the obligations of Tenant hereunder, including, without limitation, the obligation to pay
the rents and other amounts provided under this Lease. The restrictions of this Article IV shall not,
however, be applicable to an assignment of this Lease by Tenant to a subsidiary or controlling
corporation, or corporation with or into which Tenant shall merge or consolidate, provided (and it shall
be condition of the validity of any such assignment) that such subsidiary or controlling corporation or
corporation into which Tenant shall be merged or consolidated, agrees directly with landlord to be bound
by all the obligations of Tenant hereunder, including without limitation the obligation to pay the rent and -
other amounts provided for under this Lease, and the covenant against further assignment; but such .,
assignment shall not relieve the Tenant named herein of any of its obligations hereunder and Tenant shall
remain fully liable therefore.Landlord agrees that Tenant,i.e. iStrategy Capital Partners,can sublet
the demised premises to HCAA-Care P.C., Healthiva, Inc, iStrategy Technology's, Inc., y:i i fq ji
HealthCare Network Foundation, iStrategy Investments LLC. Upon ninety (90) days prior_
notification from Tenant of its intention to vacate the Demised Premises, the Landlord agrees,
expense,to a ively pursue locating another party to whom the space will be subleased.
� 2, r ALA It 4- ; A LL1/1.C.t Ut /.�,,A/C-A
4.06 _ -Before the lease term begins, Landlord shall demonstrate to the Tenant that the plumbing,
electrical, and mechanical systems are all properly permitted and are in good working order. The Tenant
shall maintain and repair all such equipment during the term of the lease, at their own cost, up=to a
maximum cost of$500.00 per year. Landlord will be responsible for anything expense per,
P Y P Yth� g P P I
system
4 07..:.Tenant shall be.responsible for obtaining a service contract with a reputable HVAC maintenance
andrepair company for the purpose of preventive maintenance and"service the_HVAC equipment-. -- -
.The�cost of this service contract may come out of Tenant's $500.00 maximum cost as mentioned an
4.06. _
4 08_,:- .Tenant will submit a copy of the contract for:maintenance of,HVAsystems fr C, om a-reputable -.
..
HVAC contractor. Such contract will be submitted within ten (10) days after Tenant's opening of
:business:,=.
ARTICLE V
Indemnity and.Public Liability Insurance
5.01 Tenant and Landlord agree to indemnify and save harmless each from the other from and against
all claims of.whatever nature arising from any act, omission or negligence of each other, and each other's i
contractors, licensees, agents, servants or employees, or arising from any accident, injury or damage
whatsoever caused to any person,or to the property of any person occurring from any accident, injury or
damage occurring on the Demised Premises where such accident, damage or injury results from an act or
omission on the part of the Tenant or Landlord or Tenant's or Landlord's agents or employees. This
indemnity and hold harmless agreement shall include.indemnity against all costs, expenses and liabilities
incurred-in or in connection with any such claim or proceeding brought-thereon,-and also-the defense
thereof. pursuant to the above, Tenant shall obtain a comprehensive liability insurance policy covering
the Leased Premises. If said policy is canceled for any reason during the Lease Period, Tenant agrees- .
that its insurance company shall notify Landlord of such cancellation.
5.02 Tenant is to forward a copy to Landlord of their Certificate of Insurance for General Liability
3
reflecting coverage in the amount of$1,000,000. Tenant will also carry fire insurance on the property.
5.03 All of the personal property of every kind, nature and description of Tenant and of all persons
claiming by,through and under Tenant which, during the term of any occupancy of the Leased Premises
by Tenant or anyone claiming under Tenant, may be on the Demised Premises, shall be at the sole risk
and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire or other
casualty, or by the leakage or bursting of pipes, by theft or from any other cause, whether or not covered
by Tenant's insurance,no part of said loss or damage is to be charged to or to be borne by Landlord. The
- Landlord shall-not be responsible for any loss of income to Tenant, for any reason, including the --
previously mentioned causes. The previously mentioned causes shall also apply to any loss of income by
Tenant,whether.=actual:or. projected.
ARTICLE VI
Landlord's Access to Premises
6.01 Landlord'=shall,have the right to enter upon the Demised Premises after due notification at all
,reasonable hour&,for:the.purpose of inspecting or of making repairs to the same, or the building of which
they area pIart If._repa rs,are required to be made by Tenant pursuant to the term hereof, Landlord may _
demand :that.Tenant,make the same, forthwith, and if Tenant refuses or neglects to commence-such-_ -
._ _. --
repairs and complete-the same with reasonable dispatch, after such written demand, Landlord may (but
shall not-be.required,to`do so),make or cause such repairs to be made. ;All such repairs-shall be made.in_r t:
such a manner as not to:unreasonably interfere with the business of Tenant, ,
_ ARTICLE VII
v' Covenants between Landlord and Tenant 7 G
7 01 For a penod;commencing ninety(90)days prior.to the termination of this Lease,Landlord may have
- -reasonable--abodss;'to the premises-herein demised .for the purpose:,.of..:exhibiting-the- same-:to Ahe _-
._.
-prospective tenants.._
7 02 ':Tenant-and Landlord-covenants and agrees that they will not do or permit anything to be_done•in or
upon the Demised Premises or bring in anything or keep anything therein, which shall.increase-_the-rate-
of insurance on the Demised Premises or the.building of which they are a part above the standard rate of
said Demised Premises and building. Landlord and Tenant further agrees that in the event it shall cause
said rate to increase as aforesaid, it will promptly pay to Landlord or Tenant, as the case may be, on
--demand, any such-increase,which sum shall be due and payable as additional rent hereunder.
7.03 All improvements made to the Leased Premises shall remain property of Landlord. _
7.04 In the performance of any work with respect to an alteration, addition or improvement, Tenant
agrees to maintain or cause its contractors to maintain insurance, including Workman's Compensation, as
required for Tenant's work.
7.03 Tenant covenants and agrees that no auction, fire or bankruptcy sales may be conducted within the
Demised Premises without the previous written consent of the Landlord, which consent shall not be
unreasonably withheld
4
7.04 Except as specifically herein otherwise provided, Tenant agrees that, from and after the date that
possession of the Demised Premises is delivered to Tenant and until the end of the term hereof, it will
keep neat and clean and maintain in good order, reasonable wear and tear excepted, condition and repair
the Demised Premises and every part thereof, including, without limitation, the store front and the
exterior and interior portions of all doors, windows and plate glass surrounding the Demised Premises,
all plumbing and sewage facilities within the Demised Premises,.fixtures and interior walls, floors,
ceilings, signs (including exterior- signs.,where.permitted) , and all wiring, electrical. systems, interior
appliances and similar equipment, except for any damage to any such item caused by any act or
negligence of Landlord, its employees, agents, licensees, contractors or-servants. Tenant shall keep the
Demised Premises in reasonably clean and neat condition throughout the term of this Lease. There is
excepted from this Article damage-to such portions of the Deniised''Premises originally constructed by
Landlord as are caused by fire loss or other casualty loss. Tenant further.agrees that the -Demised
Premises shall be kept in a clean, sanitary and safe condition in accordance with the laws of the
Commonwealth of Massachusetts and ordinances of the County of Barnstable and in accordance with all
directions,rules and regulations of the health Officer, fire Marshall,Building Inspector, and other proper
officers of the governmental agencies having jurisdiction thereover. Tenant shall not permit or commit
any waste other than commercial dumpster for operational waste material. The Landlord is responsible
for all roof and structural repairs. - - -
7.05 Maintenance and Repairs: Tenant agrees to maintain Demised Premises in the same condition in
which they are delivered to the Tenant at the-Commencement-bf'the Term or as.they may be put in
during the Term of this Lease, damage;by fire; casualty;taking by eminent-domain; reasonable use and
wear and damage due to the fault or negligence.of Landlord, tenants orthe.servants, agents, employees,
licensees or invitees of any or all-of them..excepted.,. Whenever neces,sary,.Tenant,shall be required to
replace plate glass and other glass therein;acknowledging that the Demised Premises are now in good - -
order and the glass whole.
7.06 MECHANIC'S LIENS: Tenant agrees immediately-to discharge,(either by payment or filing of the
necessary bond,-or otherwise)any mechanic's .inaterialman's or other l ie against the Demised Premises.
and/or the Landlord's interest therein; which"liens may`anse o& of any payment due, for-any labor;
services, materials, supplies or equipment alleged to have been furnished to or for Tenant, in, upon or
about the Demised Premises(but excluding any liens.wising out of labor;etc:,-provided by the Landlord.
pursuant to this Lease) and in no event shall'permit the existence of such lien for a period in excess of
twenty(20)days beyond the time said lien takes effect.
7.07 BROKERAGE: None
7.08 WHEN LEASE BECOMES BINDING: Employees or agents-of Landlord have no authority to
make or agree to make a Lease or any other agreement or undertaking in connection herewith.
Submission or this document for examination and negotiation does not constitute an offer to lease, or a
reservation or option for,the premises, and this document shall become effective and binding only upon
the execution and delivery hereof by Landlord and Tenant. All negotiations, consideration
representations and understandings between Landlord and Tenant are incorporated herein and may be
modified or altered-only by agreement'in writing Between landlordandTenant, and no act or commission
or any employee or agent of Landlord shall alter, change or modify any of the provisions hereof.
7.09 RECORDING: Tenant agrees not to record the within Lease, but each party hereto agrees on
request of the other, to execute a Notice of Lease in recordable form and complying with all applicable
Massachusetts Laws and reasonably satisfactory to landlord's attorneys.In no event shall such document
5
set forth the rental or other charges payable by Tenant under this Lease; and any such document shall
expressly state that it is executed pursuant to the provisions contained in this Lease, and is not intended
to vary the terms and conditions of this Lease.
ARTICLE XIII
Mortgage of Building and Underlying Land;
Estoppel Certificate
8.0.1 Landlord and Tenant agree with Mortgagee-(1) that the Lease is i&TU-ll-force and effect and is
binding upon Tenant, (2) passage of time, could ripen into default, on the part of°either.Landlord or
Tenant, (3)that Tenant is presently obligated to pay rent as provided in the Lease without present right of
offset or defense,(4)that all rent payable to date has been paid by Tenant, and(S)that rent has not been
paid for any period beyond the now current rent period. -
8.02 Tenant agrees with Landlord and Mortgagee that the-Lease,-the leasehold estate created thereby,
and all of Tenant's rights.-thereunder shall in all-respects-be subordinate; inferior and subject to the - .
Mortgage and the Lien and rights of Mortgagee thereunder and--any- modifications; renewals and
extensions thereof.
8.03 If the interest of~Landlord,of-the Mortgaged Premises shall'-be transferred Ito and owed by
v,.
Mortgagee by reason of foreclosure or other=proceedings-brougfit,by'it; or by-=anv_other manner; and `
Mortgagee succeeds to the interest of the Landlord'-under..the Lease,-Tenant shall:be.=bound.to Mortgagee
under all of the terms, covenants and conditions of the-Lease for the balance.-of-the term thereof
remaining and any extensions thereof which-may.be-effected.in,accordance.with`any option.thereof in the ~4
' Lease, with the same force-and effect as'if Mortgagee were the Landlord under the-Lease and Tenant -
yMortgagee; - , . ve
- � said attornment to.be effective,and self-operative
-does hereby attorn to as�its Landlord
without the execution,of any further instruments on:;.the pail of-anyofthe..parties°hereto-immediately
upon Mortgagee'S-succeeding.o—,Ahe intere9f f the-,Lan-dlord under the I;ease' "rovided' however that
p , .
Tenant shall be under no obligation to pay rent to Mortgageeuntil'Tenant receives written notice from
Mortgagee that it has seceded-to:the interest oftl and:16 d`;under'the I ease The re§pective rights and
L-`
obligations of Tenant and Mortgagee-upon such attornment 'to the"extent of the_'thenremaining balance
of the terms of the Lease and any such extensions,'shall be and"are'the same as now set forth therein; it
being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by
reference with the same force and effect as if set forth at length herein.
.8.04 • If Mortgagee shall succeed to the interest of Landlord under the Lease;Mortgagee shall be bound
to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall, from and after
Mortgagee's succession to the interest of Landlord under the Lease, have the-same remedies against
Mortgagee for the breach of an agreement contained in the Lease that.Tenant might have had under the
Lease against Landlord if Mortgagee had not succeeded to the interest of Landlord; provided further,
however,that Mortgagee shall not be
(a) liable for any act or omission of any prior landlord(including.Landlord); or
(b) subject to any offsets or defenses which Tenant might have against any prior landlord
(including Landlord) ; or
6
(c) bound by any rent which Tenant might have paid for more than the current month to any
prior landlord(including Landlord); or
(d). bound by any amendment or modification of the Lease made without its written consent.
8.05 .The term "Mortgagee" shall be deemed to include the Mortgagee named above and any of its
successors and assigns, including anyone who shall have succeeded to Landlord Isinterest by, through or
under foreclosure of the Mortgage or by deed in lieu of such foreclosure or otherwis
e
k
8.06.This Agreement shall inure-to_the benefit of and be binding upon the parties hereto,their successors
and assigns
_ ARTICLE I K
SPECIAL PROVISIONS:
9.01 It is acknowledged between the Lessor and the Lessee that the Lessee is solely responsible for
...general maintenance and.upkeep-of'the Demised Premises, except-as otherwise noted in this Lease, and:
that-the Lessee_shall,not permit or,commit,waste thereof. -
9 02_ Where Tenant has-.notified Landlord,_ in writing, of the existence of a--breach..or alleged-breach
respecting Uhe.Landlord's: duties under this Agreement, the Tenant will permit the Landlord or his
assignee---af Landlord's -efection, to enter the premise-3 to cure said breach, or to otherwise rectify or
remedy-what-may,at Landlord's:election,be appropriate to do so. - -
9 03 Lardlord will be responsible for the roof and structure.of the building.- AlFother maintenance
expenses relating to the._running of_the_building will be Landlord's responsibility.- This will:<include
outside maintenance such as trash removal, snow removal, clean up of the.perimeter of the building, and
lighting and:maintenance-of.the:parking lot.-
9 04_.LANDLORD'S WORK: carpet, lights,ceiling _
Landlord has enclosed an estimate for the buildout for a total amount of$9,674. Tenant may
choose to pay one half($4,837.00) upfront and the balance to be paid over the first 12 months of
the Lease. .
Buildout work and amount will be finalized separately after discussions regarding the
details of the buildout.
9.05 The work will not begin and the lease will not:be in force until Landlord receives written notice
from,Tenant;via fax, stating that they have received their approval from Cape Cod Hospital.
7
WITNESS the execution hereof,under seal, on this 1 ZU^ day of 199 in
any number-of counterpart copies,each of which counterpart copies shall be d emed an origi al for�11
purposes, as of the day and year first above;written. -
By:-"Tenant" -
iStrategy Capital Partners LLC
Oc
Dr�Tr, na7Chaturvedi:--- Dr.Neena Chaturvedi Personally
L �.
Dr.RahuI Chaturvedi'.
Dr.Rahul Chaturvedi,Personally
y "Landlord"
M
259 North Street Limited Partnership
Stuart Bornstein,Preside
Corporate General Partner of
259 North.Street Corporation
8
To: Peter DiMatteo, Building Commissioner
I
From: Robin C Giangregorio, SPR Coordinator
Date: September 19, 2001
Re: Social Security Building, 259 North Street, Hyannis
It is my distinct recollection that the this building was granted a certificate of occupancy
for the Social Security Office and was limited to use as a single tenant by virtue of
limiting the approved square footage. The remaining space was not approved as there
was great concern that the available parking is deficient. It could not be adequately
demonstrated that off-site parking within the 300' in the same zone would be consistently
available. Specifically, allowing other entities to rely on this parking lot results in
accounting for the same parking stall multiple times. To my knowledge there is no
apparent tracking device for this data.
I believe that Mr. Bornstein and I had had a discussion regarding this matter sometime in
June or July of this year . He indicated his intention to seek relief at that time.
i F Town of Barnstable
Planning Division-Current Planning Section
Memorandum
Date: December 19, 2000
To: Hyannis Main Street/Waterfront Historic District Commission
From: *ATraczypk,Principal Planner
doc.M-121900.doc
Subject: Landscape Planr 259Nht.OBuo ng_
It has come to the staffs attention that several plans for the above referenced property have surfaced
within Town Hall. It appears that each plan differs considerable in layout and in proposed
landscaping.
• A plan entitled"Landscape/Site Improvements Plan" dated Dec. 18, 2000,was received by the
Public Works Department and is under review by that department for compliance with Condition
No. 9 of Special Permit 1994-56, and for its proposed changes within public property.
• A plan entitled"Landscape Plan for the 259 Small Office Building" prepared by Bill Lewis and
dated Nov. 4, 2000,last revised date of Nov. 30,2000,was received at the Building Department for
Site Plan Review consideration. That plan was rejected.outright for not meeting the requirements
of the Special Permit. It was returned along with a November 07, 2000,letter from Stephen
Seymour, Department of Public Works Project Engineer, requesting that the layout be readjusted
to better accommodate the walkway and parking areas.A newer plan has been submitted entitled
"Landscape/Site Improvement Plan" dated Nov. 04, 2000,was also submitted. As of this date there
is no approved Site Plan. '
• A plan entitled"Landscape Plan for the 259B Small Office Building"prepared by Bill Lewis and
dated Nov. 04, 2000,was submitted to the Planning Division, Historic Preservation Section on
November 17, 2000, That plan does not correspond with either of the above referenced plan.
The applicant should be instructed by the Committee to submit a single plan that he intends to get -
permitted. Inconsistencies in plans only complicate and slow down the review and permitting process.
cc Site Plan Review-Robin Giangregorio
Engineering-Stephen Seymour
Public Works-Thomas Mullen
_ — The Comjnonwealth of Massachusetts Yir � yr;
Departme�tit o Mental Health/Southeastern Area,
- f
John P.Sullivan,Ph.D.,Area Director. F a'
Richard W.Dunnells `r }
{ Cape Cod' & Islands Community Programs
Center Director/Superintendent
259 North Street / Hyannis, Ma 02601
Andreas Laddis,M.D. Tel.: (508)775-1199 Fax" (508)790-1024 ,
Center Medical Director
Mr.Aaron Bornstein September 26, 1994
Holly Management
297 North Street
Hyannis,MA 02601 _
Dear Mr.Bornstein:
I am writing to you at this time regarding the parking spaces at our business location at 259 North Y
Street in Hyannis. We have approximately 40 pcople'working at this location which would require
us to have at least that many parking spaces. We also have days when we have a number of
meetings which requires more spaces:
`At the present time,we are finding it hard to find these spaces in the lot in front of the building =,
due to the fact that many people who work across the street at the Chrysler Dealership are using f
these parking spaces,along with people who pick up bus tours here. We would appreciate it if
it were possible to designate certain spaces for the use of this building only.
I I realize that this lot is adjacent to the municipal parking lot,but do feel that we should be entitled
to some designated spaces as the lot is quite large and there certainly would be enough spaces FI
for others to use other than the ones directly in front of the building.
Anything you can do to facilitate this request for us would be greatly appreciated. Thank you!
Sincerely,
Ruth Ann.Santos,
Executive Assistant/Officc Manager
Approved by:
Richard , .Dunnells,
F Center Director/Superintendent
1 i
HOLLY MANAGEMENT & SUPPLY CORPORATION
297 North Street
Hyannis, Massachusetts 02601
(508) 775-9316
FAX (508) 775-6526
October 5, 1994
Gloria Urenas, Zoning Enforcement Officer
Town of Barnstable Building Department
367 Main Street
Hyannis, MA 02601
Re: Department of Mental Health
259 North Street, Hyannis
Dear Ms . Uranus :
As you will note from the enclosed letter, the employees at the
Department of Mental Health are not very happy with the Chrysler
and Saturn dealership. We have talked with them on several
occasions and have been, basically, ignored.
Would you please take the necessary steps to insure that the
Chrysler and Saturn employees do not utilize the Town' s parking
lot . I believe they have an agreement with the Town indicating
that once their dealership was completed, they would not utilize
any spaces in the Tbwn .owned North Street parking lot .
Kindly yours,
Aaron Bornstein
AB j k
Enclosure
cc: Ruth Ann Santos
Dept. of Mental Health
i
v -
_- The Commonwealth of Massachusetts
Department of Mental Health/Southeastern Are
John P.Sullivan,Ph.D.,Area Director
Richard Dunnells Cape Cod & Islands Community Programs
Center Director/Superintendent
ector/Superintendent g
259 North Street / Hyannis, Ma 02601 Andreas Laddis,M.D. Tel.: (508)775-1199 Fax: (508)790-1024
Center Medical Director
Mr.Aaron Bornstein -
Holly Management September 26, 1994
297 North Street
Hyannis,MA 02601
Dear Mr.Bornstein:
I am writing to you at this time regarding the parking spaces at our business location at 259 North
Street in Hyannis. We have approximately 40 people working at this location which would require f.
us to have at least that many parking spaces. We also have days when we have a number of
meetings which requires more spaces.
At the present time,we are finding it hard to find these spaces in the lot in front of the building
due to the fact that many people who work across the street at the Chrysler Dealership are using
these parking spaces,along with people who pick up bus tours here. We would appreciate it if
it were possible to designate certain spaces for the use of this building only.
I realize that this lot is adjacent to the municipal parking lot P P g ,but do feel that we should be entitled to some designated spaces as the lot is quite large and there certainly would be enough spaces
for others to use other than the ones directly in front of the building.
Anything you can do to facilitate this request for us would be greatly appreciated. Thank you!
Sincerely,
r
Ruth Ann Santos,
Executive Assistant/Office Manager
Approved by:
Richard , .Dunnells,
Center Director/Superintendent
i -
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TERY LU-FF ARCHITECT
0��j - HoPTH
J&j
39 Blossom Avenue ##5 Osterville, MA 02655 (508) 428-9119
p� .'; The Town of Barnstable
1 )AU f7►�4c �
►st Inspection Department
�I ►Y 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Mr. Robert Lightly"
DCPO
FROM: Joseph D. DaLuz, Building Commissioner
?,
RE: 259 North Street, Hyannis
DATE: April 16, 1993
Inspection made at 11:15 a.m. this date with Lt. Hubler,
Hyannis Fire Department .
Incomplete:
Ceiling - basement electrical room.
Grab bar - Handicapped bath (reordered/wrong size
sent) .
Dead bolts - removing today.
Electrical panel - needs cover.
Fire stop between floors.
Fire Department key box - in process.
Fire Extinguishers - when occupied.
Workmen on this project at time of inspection. Completion
anticipated April 17 ,. 1993 . Scheduled for reinspection on
April. 20, 1993.
Copy to: Robert Spicer DMH
0 2
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TOWN OF BARNSTABLE
INSPECTION DEPARTMENT
367 Main Street, Hyannis, MA 20601
FAX # 508-775-3344
PLEASE FORWARD THE FOLLOWING PAGE(s) TO THE
FOLLOWING PERSON(s)
TO: Robert Lighty
DCPO
RECEIVER'S FAX #: 617-727-5482
FROM: Joseph D. DaLuz, Building Commissioner
DATE: April 16, 1993
PAGE(s) : 1
(excluding cover sheet)
yoc TYL roe
The Town of Barnstable
i 11Al*fT114i : Inspection Department
16
" 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Mr. Robert Lightly
DCPO
FROM: Joseph D. DaLuz, Building Commissioner
RE: 259 North Street, Hyannis
DATE: April 16, 1993
Inspection made at 11:15 a.m. this date with Lt. Hubler,
Hyannis Fire Department .
Incomplete:
Ceiling - basement electrical room.
Grab bar - Handicapped bath (reordered/wrong size
sent) .
Dead bolts - removing today.
Electrical panel - needs cover.
Fire stop between floors.
Fire Department key box - in process.
Fire Extinguishers- when occupied.
Workmen on this project at time of inspection. Completion
anticipated April 17, 1993. Scheduled for r-eirspection on
April 20, 1993.
Copy to: Robert Spicer DMH
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TOWN OF BARNSTABLE
INSPECTION DEPARTMENT
367 Main Street, Hyannis, MA 20601
FAX # 508-775-3344
PLEASE FORWARD THE FOLLOWING PAGE(s) TO THE
FOLLOWING PERSON(s)
TO: Mr. Bob spicer
Department Of Mental Health
RECEIVER'S FAX #: 617-727-5500 EXT. 319
FROM: Joseph D. DaLuz, Building Commissioner
DATE: April 16, 1993
PAGE(s) : 1
(excluding cover sheet)
The Town of Barnstable
• ���� Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Mr. Robert Lightly
DCPO
FROM: Joseph D. DaLuz, Building Commissioner
?,
RE: 259 North Street, Hyannis
DATE: April 16, 1993
Inspection made at 11:15 a.m. this date with Lt. Hubler,
Hyannis Fire Department .
Incomplete:
Ceiling - basement electrical room.
Grab bar - Handicapped bath (reordered/wrong size
sent) .
Dead bolts - removing today.
Electrical panel - needs cover.
Fire stop between floors.
Fire Department key box - in process.
Fire Extinguishers - when occupied.
Workmen on this project at time of - inspection. Completion
anticipated April 17 , 1993 . Scheduled for reinspection on
April 20, 1993.
Copy to: Robert_ Spicer DMH-'
6 -
L o- s�ei-n com a n ies
P
1
2q7 no4 si met, kyannis, ma o2601 e�ep�,an� -0 7�5-g316
Fax (504 775-6526
�nCSYP�ITLT; �;RAN:iMT-SS ION COVER : SHEET
FROM: �—
NUMBER OF PAGES (INCLUDING THIS PAGE) :
IF RECEIVER DOES NOT RECEIVE ALL PAGES TRANSMITTED, PLEASE .CALL ( 503 ) .
7 7 5-9 316 IMMEn IATEL,Y .
MESSAGE :
. ; )Z'0711L
T a wd K:z 266T •ST •add :-131 wo;dd
APR-15-1993 14:07 FROM INTERCITY ALARMS TO 7756526 P,01
H YANNIS FIRE DEPARTMENT
. qs NIQF1.aIChtOOI. �oAa KxTSNstON
HYANNIS, MASS, 0160
Paul D.Chiabolz .SoJ ehe Oeoaroxd Save .dived sualNgSdi ` -130o
aHI■� 11MIMUNCY1 778.04$
LIES AhA.RMTE.ST
NaAe of'Premiaew tmhdm " IALT a� ��i�,1,. t2SP�. u� _L4z�,7�L tifba ,
Addresst M'�,�T•Mgt a��i "i.�l y too .:_ ;�
Telephone Number:
(check) .(date)
Control panel ✓ .ok Service
Annunciator ok service '
Standby Battery ok Service
Smoke Det®ctors ax service
Heat Detectors ok Service
Pull stations ....�--�-�-�'ak Service
sei l s/H oz'na t—/�~�,.,,�,Ok Service
sprinkler �/ max Service
Tamper Switch OR $axv ,cee
Service Commentai
(premiee)
'have ins e�cted on date
p r„r u •c�, .. ��
L - g- C, acid the abovQ tasted items area voxkina
According to manufactures's recommendations.
S 1 natu ir.,j ' vate)1 •l s'
Compa I ALw
compare r
dagxeee+„ to 1i�1;r� �k�
Received Hyannis Fire Dept, a Dace
REQUIRSD FRLQUENCY Or TUSTS ON BACH OF SHEET
TOTAL. P.01
- 7 .J LIJ GC•� CGGT 'CT ']1JH '1al -. - LIi1:JJ -
MAR 16 '9 14:05 ALL CAPE WELDERS 5q.Q,7r12165 ! � P,1
IN
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/ ARMOUTH R0. MYANN IS.MA 02601
(608) 11-2117 F'AX(508) 771.2165
8d e n s fi•Q 1 n C a my n (Q s q/1 5/9 3
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we h.roby Jubmit V-111gtions 4114 rstimvtrs, �p6*114a
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Febr'ic'ate ONLY," tire!.
'way.. for raI '1
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259 North St . Hyanr' fS, Ma . '02661 '
200, * or minus feet
to be Installed by
th$, 8ornste I n "Dam PIS11; es . . .... ,
300 0'0
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M. -5ChU-I tz ... ...
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FrIOPON hltetby to furnish rnssN1141 Mid Wbw
(R44d Reverse sido)
W the sum oh comPkfe Jr,70rd3daW,
nrp wlfh"I sMCllk+atbnl,
Natre Lhls propusnl may ne withdrawn by wJl
nptAcceWtod within �+- AUrhoN.g4 -
i days. 818nat4q
.Arertr�: The above
cogtlltlane uq sr prices speclllCrtlOnr sew
pffrdfar re are aulhwlkvd to do tAg awar:a-' Tpeei ftd. tad,You
wul bu made 7y OYtlinod;4ovr. Drernod. laymont 97R+1aluew
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FROM : LYNCO FIRE PROT PHONE NO. : 617 229 8323 P02
LYNCO FIDE PROTECTION INC. CONTi'RlslcTOA'$MATE &TEST
cof lM,csrot'us•LNGtrvYktts•INy'1'ALLAT1ONa
> � �•°°`�•� InS `0r' _ C6ATIFiCATE FOR 8MIGROUND PIP{NO
• 10 elrant Aveeue • ltrarllrytou,MA 01903
Telephone(6t 7)21141 t t • IPAX(611)229•8323
UWW eWnlllelttrh of wetk,inrpet:tlon end MIS rh•il ta4 uw:le tiv the vonlrevtor'1 r9pneentative tano wttnsmd by an gwMr't r4prowntallw, All
defoau Shell be corraated ofW Aylttrll lift In tonics baton cafltr4Ctat'o p4rw n4i IlneUy 14ew the joh,
aertlfivete sh•11 be flla•d our end r{ehed by both r.pn�enutlw», Copa•r then N rnnuanld for epptoVlnq wtnet,Ues,owners anal acntramr,
It IS undentood the owner's wpret+ntativo'ealPnatura In no r+eY pryudiat atY claim Pgoln{t cont►ectpr tor ftlultY Mats►fal,poor workins hlp,"
ar(4llure to comply with approving authority 1 rwl(&Wtt or local ordin4ngl.
*000194111TV NAME, -
PpOPi11T ARORA3A - ,
ACCEPTED iYAPPgUVIN4M IM _"IrVj4 NAMK!
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PLANS
INt I+1►r•t.ATION CONFOAMi TO A04;401'**OL.ANt,RQUIPMN lT ualq III,AIrMN YES NO
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1F 14U,CXIa"114 DEVIATIONS
14AY ur.MION IN CMAR426 OF WIgR tlQldiPMltNT RItaN'Will ► r.r V M4 Iu s jushT1pN
OF CONTROL VALVGG ANC CAR[ANO MAif4TANANCC OR THIi Na*W GOUIPMKNT 1�Yet LJNO
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INSTRUCTIONSHAVE p q T 1 �� y�7
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LOCATION SUPPL.1114 91.00c. '
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MAKfi MODAL YAAR ORIRICE QUANTITY TCMPCRATURR
MANUFA ?URE 5IZ11 RATING,
AARINKI.NR1i
PIPE C4NI'UNMtI To. 4TANDAAD
0I74 AND WITY11444 KONROW TO STANOAr1b YC!} [JNd
FITTINGS 10 NA,CXP1„AIN
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10 NO,AN06AIN _
LI:7 d wd 0t7:F_ 266T 'ST 'Jdd :-131 Woa.�
FROM LYNCO FIRE PROT PHONE NO. : 617 229 8323
P03
OPNGUMATIC O11.1119TAIC HYOAAULIC u_.j `'^" ~�- •r am.,
IMIN4 tIy MCM. TN8 NO Rldl _,.w,. -
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VALVES '
MAK1 MODEL vig IIINvRli Nfl { ft
MIN. 3KC
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TEST prataurG n ai+eau pf 1150 PSI 110,2 ba►s1 fail t"haun,fa1H} tial dryfipo valve aisppm sh41)ho 141C b0,11 bul sooty lief la
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LC(�YN FIRE PROTECT IV I 1 .;;
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AgpITIONAL A —hA'r1UN HNL/NpTUS
Arprilliw with permission front NrrA 13, Otandard for the Installation of Uprinkler GYstema,copyright
Prutantion Atssx;latlVlr;QLIhIrJV, MA 02209. Thi•rv►xintod material is not the oompivty alit)uff;ol.l pvsl 1400 National Fire
referenced Sublaat which Is roprnsanted only by the standard In its ontirety. 6 the NFPA on the
10 BACK
s d hid r• :E 266T 'ST 'add :-131
�„
.FROM LYNCO FIRE PRAT PHONE NO. 617 229 8323 P01
LYNC.O FIRE PROTECTION INC.
" COWSACTOR4•WiOIN"kd INSTALLATIONS
aa1...Kepwf•1eapocion
N aw AwPw.• Awlingon,MA dim
T#kphmw(617)321.4111 • PAX(917)of-oils
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Building
g Co OALuz
mmittioner EXT. 107
xxxxxxxxxx
TOWN O F BAR N STA B LE xELspaoNs 508-790-6227
BUILDING INSPECTOR
TOWN OFFICE BUILDING
HYANNIS, MASS. 02601
July 17, 1991
To WT.om It May Concern:
RE: A=308-073.002
Barnstable Building Permit #31389
259 North Street, Hyannis
II
Please be advised that Town of Barnstable Building Permit #31389 dated
November 5, 1987 is still valid and in effect. Inspections will be made
as required.
Peace,
jph D. raLA
Building Commissioner
I
JDD/gr
i
I
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- i
THE WILLIAMS CO. LEUT r, DrMi OF � °r�l UM 1�/ "TU°. L
DESIGNERS & BUILDERS INC.
1019 lyanough Road Route 132
BUILDING SYSTEMS HYANNIS, MA 02601
DATE ✓�� JOB NO.
\ - ATTENTI N
(617)778-1288
RE:
TO
Meld e 30i14� atr,
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected. prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
�4W A2C ,
e
COPY TO
SIGNED:
PRODUCT 240-2 B Inc,Gmtnn,Man 01471. if enclosures are not as noted, kindly notify us at once.
�I I
:' ly THE VIALLIi NIS CO.
DESIGNERS & BUILDERS 6NQ ° 0 ° e QL'
1019 ly'aricl.lgh Road Route 132 LETTER OF MARSOMOV
eu l.o»;;c Y re us HYANNIS, MA 02601
DATE JOB NO.
10/10/85
. (617) 778-1288 .. ATTENTION .. .
... .. .. 7.
TO Mr. Joserh DaLuz
North ' Strect Office Bldg.--.
ruildinQ Inspector
Hyannis, Mk
Town of P,arnsfiah].e Commercial Development
_ .WE ARE SENDING YOU.. Attached ❑ Under separate cover via the following.items:'. r }
❑ Shop drawings ❑ Prints ❑ Plans -❑ Samples ❑ Specifications-
0 Copy of letter. ❑ Change order . ❑
f:
rt COPIES DATE NO. DESCRIPTION
2 Sets of Progress Prints
r.
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubi7lit copies for approval
❑. For your use ❑ Approved as noted ❑ .Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints n
❑ For review and comment ❑
O FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS Dear Joe:
Enclosed are two sets of progress prints on the''above project'
a5 you reaueste cl for the Arcl itectu.ral Review. Please make me aware
of when the ;ri.ev.! wi.J.l, tare place, as I w'ou.ld make ryself available
if neccssa.ry, for .any c{uestion.s that the fioard may have.
COPY TO
SIGNED:
n+o�cr2+ai a mc.�a�oun.
If enclosures are not as noted, kindly notify us at once. Roger P. W i_ i antt s, r e�.
YM(T�` ^ Q
iAu�,C r 4� ua
�a r�r►� 1���'e
36 7 ///ain Sl�..l, J ,nnij, Mam. 02601
August 22, 1985
Barnstable Group Ltd.
297 North Street
Drawer 2216
Hyannis, Ma. 02601
Dear Sirs:
At a meeting of the Board of Selectmen, held on this date, it
was voted to approve your request for a Special Permit under Chapter
III, Article III, Section S of the Town of Barnstable Bylaws.
This Special Permit is granted contingent upon successful
resolutions with your Counsel , Craig Taylor Rockwood and Town
Counsel Robert Smith. We also strongly recommend that you appear''
before our Architectural Review Board.
We wish you every success in your business venture.
Sincerely yours,
Boa of Selectmen
Town of Barnstable
BOARD OF SELECTMEN
TOWN OF BARNSTABLE
SPECIAL PERMIT DECISION AND NOTICE
A scheduled hearing of the Board of Selectman held on
August 8, 1985, notice of which was duly published, the
Petitioner, Barnstable, Group Limited, request a Special
Permit pursuant to Section S-2(c) from the Minimum Parking
t Standards of the Town of Barnstable Zoning By-Laws.
In support of this petition, the Petitioner presented
evidence that the following conditions applied which would
warrant relief:
The Petitioners are constructing an office/retail
complex off of North Street next to the "West End" parking
lot. The Petitioners project requires pursuant to the
Zoning By-Law eighty (80) spaces, however there are only
fifty ( 50) spaces available on site. The Petitioner are
requesting to use the "West End" parking lot for thirty ( 30 )
spaces.
In exchange for the use of the right to use the "West
End" parking lot, the Petitioners have agreed to re-stripe
the parking lot to show a total of one hundred sixty ( 160)
spaces. In addition, the Petitioners agree to provide
screening for the Housing Authority property, and to provide
plantings throughout the parking lot.
It was the opinion of the Selectmen that special
circumstances of the "type of project offered by the
Petitioners which abuts a Town parking lot, render a lesser
provision adequate for all parking needs. In particular,
the availability of the municipal lot as a common parking
lot for office space has peak demand differing from that of
Main Street merchants, and therefore, would not be in
conflict with the merchants. For these reasons stated, the
Selectmen believed that a Special permit is to be granted.
In granting the relief sought, the Board of Selectmen
have imposed the following rights and conditions:
1 . That the Petitioners and its successors in
interest shall have an easement from North Street to their
property shown on Town of Barnstable Assessors Map 308,
Parcel 73-2 , across that property owned by the Town of
Barnstable being shown on Town of Barnstable Assessors Map
308 , Parcel 72. Such easement for ingress and egress from
the North Street to the Petitioners property shall be for
all purposes commonly used in the Town of Barnstable .
f •
2. The Petitioners shall have the right to use an
amount up to and not to exceed thirty ( 30) parking spaces on
the Town of Barnstable Parking Lot located on Town of
Barnstable Assessors Map 308, Parcel 72.
3. The Petitioners agree to re-stripe the municipal
parking lot as described above to provide for a total of one
hundred sixty ( 160) spaces.
4. The Petitioners agree to provide natural screening
between the Petitioners property and that property belonging
to the the Barnstable Housing Authority.
5. The Petitioners agree to provide planting for the
parking lot in accordance with the directions of the
Barnstable Department of Public Works. The Petitioners
agree to expend a minimum of Five Thousand ( $5,000.00)
Dollars, and a maximum of Ten Thousand ($10,000 .00) Dollars
for plant materials, said sums are not to include the
preparation and installation of the plantings.
The Board of Selectmen,
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss /'Z, 1987
Then personally appeared the above named ''�T�''�
and acknowledged the foregoing instrument to be his free act
and deed, before me,
P
N tary Public
my commission expires :
7, 3
THE WILLIANI.G CO.
j DESIGN "'S & BUNLIIDI-RV71 \ p�4/Jf I 1 f ILIEVV1.� M (OLJ R�LI V�IJ D-ff �L
1019 lyan,ci h RoF'd ROUtR i:32 Af'l
It.DI:G SYSTEMS HYANNIS, MiA
DATE JOB NO.
(61 ) 778. 28E, + ATTENTION
i
TO RE:
Mr. jOse,:�,, CaLi z
1.uildin� IS,s c+"or North St rec.t 0-F'F:i.c:<�:.
11vanni.r
Town Qf •'c'3T'IiStczh :.. ry
j
_ WE ARE'SENDING YOU p Attached ❑ Under separate cover via__. the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested, ❑ Retyrned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS Dear JQCI:
:I1ciUSE'u are I.�? 3 G'L: 0a rtl "r s
F�' r..I_iJva:3 "'s'i-:j Ei:C`:i_ I
Please
as _`p'OU Z i'q e s f—'-I .Q.% t.h, r L!"� f•W I �. :r i
Of �^
1.3. 3iCC Sr2.0 r ) 7
Y � .tii--Y.- %i? � " _'.- `_)-l�l.j- "f:hf.'.
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COPY TO
SIGNED: e
reooucrzaaz. R pK,c� al+ll, !f enclosures are not as noted, kindly notify us at once. 1
neg •` ci:"`; . . J
In, COMMONWEALTH `'DEPARTMENT OF PUBLIC SAFETY.
OF i 1010 COMMONWEALTH AVE.
MASSACHUSETTS { BOSTON,MASS.02215
ENCLOSE CHECK OR MONEY ORD
ER
LICENSE.
EXPIRATION DATE " CONSTR.. .SUPERVISOR FOR REQUIRED FEE,
06/30/1993 ' EFFECTIVE DATE, LIC NO. o MADE PAYABLE TO
RESTRICTIONS
NONE 06/30/1991 018226 _ "COMMISSIONER OF PUBLIC SAFETY"
` STUART ;A~>iBORNSTEIN - (DQ-YVOT,SEND CASH).
297 NORTH. STREET
HYANN-I&°--NA 02601 PJACASE .NOTE FEE . IhCREASE
PHOTO(BLASTING PR ONLY) FEE: APR. _ ..1, 91
r` N
E ECTIVE FEB 1989
100.00
HEIGHT: NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY
I STAMPED-OR -SIGNATURE OF THE COMMISSIONER
/1942D OT DETACH LICENSE STUB
THIS DOCUMENT MUST BE - SIGN NAME IN FULL-ABOVE SIGNATURE LINE
CARRIED THE PERSON SIGN TUBE OF LICENSEE
THE HOLDER WHEN ENGAG.G� -
OTHERS RIGHT THUMB PRINT ED IN THIS OCCUPATION -./ C
COMMISSIONER
1 200M.2-87-81029 AAA•rww/���i .
r
t
... -z : The Town of Barnstable
was Inspection Department
�a r►r► 367 Main Street, Hyannis, MA 02601'
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Richard Boy, Chairman, Zoning Board Of Appeals
FROM: Alfred E. Martin%Building Inspector
SUBJECT: Site Plan Review Number 22-94
Applicant: Stuart Bornstein
Location: 259 North Street, Hyannis
Proposal: To merge two foundations for construction of one, single
story office building (total 8,000 sq. ft.) (variance from
parking requirements necessary)
DATE: July 1, 1994
The above referenced site plan has been reviewed and is deemed conditionally
approvable for purposes of review by the Zoning Board of Appeals. The site
Plan Review team believes that all unresolved issues can be addressed in a
detailed landscape plan. A copy of the conditionally approved plan will be
forwarded for your file when staff signatures have been obtained.
Attached please find:
1. a copy of the letter of conditional approval
2. a copy of the Certificate Of Review.
S94701A
NOTES
Site Plan Review Meeting
June 23, 1994
Present: Mary Jacobs, Assistant Town Manager, Gloria Urenas, Zoning Enforcement
officer; Kathy Maloney, Site Plan Review Coordinator; Robert Schernig,
Planning Director; Arthur Traczyk, Principal Planner; David Palmer, Assistant
Planner; Robert Burgmann, Town Engineer; Thomas Marcello, Project Engineer;
Thomas McKean, Director of Public Health; Lt. Chase, Hyannis Fire Department.
Also in attendance: FOR SP-00-80 - Attorney Sabatt; Paul Shanahan, Manager
Cape Resources; Richard Geiser, Energy Answers Corp. FOR SP-26-94 - Attorney
Paulina Reilly, Hayes & Hayes; Peter Sullivan, Baxter & Nye.
SP-22-94 Stuart Bornstein, Trustee, 259 North Street, Hyannis
Mr. Traczyk reported that the request for a variance for the Williams Building
had been withdrawn from the Zoning Board of Appeals.
A reduction of 45 parking spaces would be necessary for the proposed new
office building. The public lot is comprised of 153 spaces.
Mr. Traczyk agreed to make a list of businesses (in close proximity to the
public lot) that had been granted parking relief, and the number of spaces
reduced.
Mr. Geiler noted that it would not be the intent of a Special Permit to grant
any type of title or rights of passage over the Town Parking Lot.
Mr. Traczyk brought up the possibility of damage to the lot during
construction.
Mr. Bornstein will attend the 6/30/94 Site Plan Review meeting.
The Town of Barnstable
lAAl7TAlLL : Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227
Joseph D. DaLuz
July 1, 1994 Building Commissioner
Mr. Stuart Bornstein .
One Financial Place
297 North Street
Hyannis, MA 02601
Re: Site Plan Review Number 22-94
Applicant: Stuart Bornstein
Location: 259 North Street, Hyannis
Proposal: To merge two foundations for construction of one, single story
office building (total 8,000 sq. ft.) (Variance from parking
requirements necessary)
Dear Mr. Bornstein:
The above referenced site plan is conditionally approved for purposes of
review by the Zoning Board of Appeals based on the following requirements:
1. A detailed landscape plan, shall be filed with and approved by the
Site Plan Review team prior to issuance of a building permit.
2. All requirements of the Hyannis Fire Department must be met prior
to issuance of a building permit.
Enclosed please find a certificate Of Review. A copy of the conditionally
approved plan will be forwarded when staff signatures have been obtained.
Please be informed that you must comply with any requirements the Zoning Board
of Appeals may impose in addition to the above, and that a building permit is
necessary prior to any construction. Upon completion of all work, the letter
of certification required by Section 4-7.8(7) of the Town of Barnstable Zoning
ordinances must be submitted.
Should you have any questions, please feel free to call.
Very truly yours,
Alfred Martin
Building Inspector
AEM/km
cc All Site Plan Review Staff
enclosure
S94701A
ti a
c
BOARD OF SELECTMEN
TOWN OF BARNSTABLE
SPECIAL PERMIT DECISION AND NOTICE
A scheduled hearing of the Board of Selectman held on
August 8, 1985, notice of which was duly published, the
Petitioner, Barnstable Group Limited, request a Special
Permit pursuant to Section S-2(c) from the Minimum Parking
Standards of the Town of Barnstable Zoning By-Laws.
In support of this petition, the Petitioner presented
evidence that the following conditions applied which
warrant relief: would
The Petitioners are constructing an office/retail
complex off of North Street next to the "West End" parking
lot. The Petitioners project requires pursuant Zoning By-Law eighty (80) spaces, however there to the
are only
fifty (50) spaces available on site.
The
requesting to use the "West End" parking lot for thirt Petitioner are
spaces. y ( 30)
In exchange for the use of the right
End" parking lot, t to use the "West
he Petitioners have agreed to re stripe
the parking lot to show a total of one hundred sixty (l
60)
spaces. In addition, the Petitioners agree to d
screening for the Housing AuthorityProvide
plantings throughout the parking lot.
It and to provide
It was the opinion of the Selectmen that special
circumstances of the type of
projPetitioners which abuts a Town parkingect lot,offere render ablessthe
er
provision adequate for all parking needs. In
the availability of the municipal lot as a commontparking
lot for office space has peak demand differing from that of
Main Street merchants, and therefore, would not be in
conflict with the merchants. For these reasons stated, the
Selectmen believed that a Special permit is to be _granted.
In granting the relief sought, the Board of Selectmen
have imposed the following rights and conditions:
1 . That the Petitioners and its successors
in
interest shall have an easement from North Street to their
property shown on Town of Barnstable Assessors Ma
Parcel 73-2, across that PropertyP 308,
Barnstable being shown on Town of Baornstable Asses oors Maof
p
308, Parcel 72. Such easement for ingress and egress from
the North Street to the Petitioners all purposes commonly used in the TowripofpBarnstahle. be for
1
2. The Petitioners shall have the right to use an
amount up to and not to exceed thirty : ( 30 ) parking spaces on
the Town of Barnstable Parking Lot located on Town of
Barnstable Assessors Map 308, Parcel 72.
3 . The Petitioners agree to re-stripe the municipal
parking lot as described above to provide for a total of one
hundred sixty ( 160 ) spaces.
4 . The Petitioners agree to provide natural screening
between the Petitioners property and that property belonging
to the the Barnstable Housing Authority.
5 . The Petitioners agree to provide planting for the
parking lot in accordance with the directions of the
Barnstable Department of Public Works. The Petitioners
agree to expend a minimum of Five Thousand ($5,000.00)
Dollars, and a maximum of Ten Thousand ($10,000.00) Dollars
for plant materials, said sums are not to include the
preparation and installation of the plantings.
The Board of Selectmen,
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss 1987
Then personally appeared the above named i'N•�•QTi•✓ fL�/,✓,�/
and acknowledged the foregoing instrument to be his free act
and deed, before me,
p
N tary Public
( ' V
my commission expires :
7, 1grr3
a30-
EASEMENT
95T1c�r�Cz
259 NORTH STREET LIMITED PARTNERS I , sachusetts Limited
Partnership with a principal place of business 97 North Street, Hy nnis, Barnstable
County, Massachusetts, 02601
GRANTS TO
S THE TOWN OF BARNSTABLE, a municipal corporation having a principal address at
5 367 Main Street, Hyannis, Barnstable, Massachusetts 02601-3907, it successors and
assigns,
IN CONSIDERATION OF less than One Hundred ($100.00) Dollars
THE PERPETUAL RIGHT AND EASEMENT for the benefit of the public on and upon
the two areas of land shown as PARKING EASEMENT 1 and PARKING EASEMENT
2 on the "Sketch Plan Showing Parking Easements to be. Granted to the Town of
Barnstable", which said plan is attached hereto as Exhibit A, for all purposes for which
parking easements are now or hereafter may be commonly used, including the right to
park vehicles upon said Parking Easements, to pass and repass by vehicles and on foot
over and upon said Parking Easements in furtherance of the purposes set forth herein,
and the right to mark the parking areas granted hereunder.
S
It shall be the continuing obligation of the Grantor, and its successors and assigns, to
improve and maintain the said Parking Easements consistent with the purposes set forth
herein.
137G0V
For Grantors title see Certificate No.
This Easement shall take effect upon recording and shall not be modified or released
except by written instrument duly executed and recorded by the Grantor and Grantee, or
their successors and assigns.
Z IA//ETA/L
g 619.
�o VIR e'
36 7 Main Street, Aannit, mast. 02601
August 22, 1985
Barnstable Group Ltd. '
297 North Street
Drawer 2216
Hyannis, Ma. 02601
Dear Sirs:
At a meeting of the Board of Selectmen, held on this date, it
was voted to approve your request for a Special Permit under Chapter
III, Article III, Section S of the Town of Barnstable Bylaws.
This Special Permit is granted contingent upon successful
resolutions with your Counsel , Craig Taylor Rockwood and Town
Counsel Robert Smith. We also strongly recommend that you appear
before our Architectural Review Board.
We wish you every success in your business venture.
Sincerely yours,
Boa of Selectmen
Town of Barnstable
APPEAL #1-85 Barnstable Group Ltd.
Original Hearing held on August 8, 1985
28,800 sq. ft. of office and retail space
Need 108 parking spaces - have 40 spaces in
plans - Plans to restrip West End Parking Lot
and gain 35 parking spaces. Still don't have
enough parking Plan to plant plantings and restripe
Town lot. REcomnendations from Parking and Traffic
Commission to was not to grant Special Permit. West
End Lot also has leased spaces to Whiteacre (40 spaces)
and to Shawmut Bank 9 spaces and to lease to Barnstable
Group 68 spaces would make a total d f 117 spaces leased
to private enterprise leaving only 48 spaces for merchants.
Selectmen continued hearing until 8/22/85
Hearing Contiued on 8/22. Applicants came in with
new plan. Have cut down their sq. ft. to 24,000.
Building C will remain the same, and Building A & B
will be strictly professional use so it makes the
total parking that they need down to 80 spaces.
They have now 50 spaces on site and only need an
additional 30. They still plan to restripe the Town
Lot to 160 spaces an increase of 30 spaces. They will
also provide plantings according to plan submitted.
This will make only 79 spaces out of 160 to be used
for private enterprise leafing the Town merchants with
use of 81 . They intend to spend 5 - 10,000 dollars on
the Town lot mostly for plantings - only $500. for restriping.
This restriping and planting may come under Town bidding laws
and Mr. Rockwood is to meet with Town Counsel Robert Smith.
They expect to have this project completed in late Spring or
early summer. (6 months). They will provide screening to
the Housing Authority property. A questions was brought up
regarding the Town's gating of the parking lot and the applicar
felt that it could be worked out but the problem is that the
only entrance is over the Town's property.
It was voted to approve the Special permit according to the
plans submitted and contingent on successful resolutions
between Town Counsel Robert Smith and Atty. Rockwood. It
was also strongly suggested t hat the applicants appear before
the Architectural REview Committee.
1
�r
Town of Barnstable
BARNSrABM ; Department of Public Works
0ss. $s63q. Engineering Division
�0
jOTFot�at� 367 Main Street,Hyannis MA 02601
Office: 508-862-4086 Thomas I Mullen,Director
Fax: 508-862-4711 Robert A.Burgmann
Town Engineer
Date: May 25, 2001
To: Elbert Ulshoefer Jr., Building Commissioner
From: Stephen Seymour, P.E., DPW/Engineering, Project Engineer
Subject: Building Project 259 North Street
I recommend that a bond of not less then $48,450 be posted with the Town to ensure
completion of the work at 259 North Street. Additionally, the easement of the parking
rights to the Town needs to be executed. The work needs to be completed within 25
days or by June 19, 2001. A possible exception to the completion date may be
necessary for the planting of the trees.
The construction items that remain incomplete at the 259 North Street Project and the
estimated cost to complete them are as follows:
Item Unit Quantity Unit Cost Amount
Bituminous Concrete Machine Tons 200 $40.00 $8,000.00
Bituminous Concrete Hand Tons 20 $100.00 $2,000.00
Trees Each 5 $2,000.00 $10,000.00
Seeding SY 500 $1.00 $500.00
Loam SY 200 $4.00 $800.00
Bench Each 1 $1,000.00 $1,000.00
Line Stripping LF 2000 $1.00 $2,000.00
Misc. Work and Contingencies LS 1 $3,000.00 $3,000.00
Bid Preparation and Admin. LS 1 $5,000.00 $5,000.00
Total $32,300.00
Recommended Security to hold at
150%of Estimate $48,450.00
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
I M ^C&L
DATA
w k
k.
d F'• IS WA, w
TOWNERrIIT
BUIL.� G f y
- C,EaBASE ID t}t22042 PHONE _
073 002 zip
ARC'.?L NORTH' RFET y `*
:�DDr ;S� HYI�NNiS k � :,LOT SIDE m HY
gT,OCK .. DiSTRIO
r, DEVELOPMENT CONSTRUCT 1 STORY L=
",C)r > +
`BP, ^RIPTION MODIFY XSTG ;FOUNDATION/
4F3430r DESC (;oWiiERCIAL.'BUILDING Safety
T t ,f of
rk RI'�iT . ,; BU I LDS T I ,�E _ : Health,
t
Erg i T. r �pepartmen
� , k °� �en a, Services
/ RoSERTS, MI CHA and Fgj"ronm
r�}++
x�
t
C ,�. $380 ,000-o ,. p,^E E
T r , U� t,4 •' '' 7 e.FRIV -L s BAisNSrABLE.
F I c� BLDC
PRt7F, B�1NK`,�, l- rY � ga ,,iEj�9;`
TE
�C5�2000 PIRpTION DAB,
ATL ISSUED 09i
THI; tz`3 <",' = ^t,^_!,P' r,.r amEE'f,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN-
CRC "-d �,-rmoPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR
j ALLEY-GRk6E AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS
' ? PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS:REQUIRED
FOR ALL CONSTRUCTION WORK APPROVED PLANSWUST BE RETAINED ON JOB AND WHERE APPLICABLE,-SEPARATE
1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS 'ARE REQUIRED FOR
2. PRIOR TO-COVERING STRUCTURAL'MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF 000U_"
s., (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH-
3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS.
4.FINAL INSPECTION BEFORE OCCUPANCY. -
VISIBLEPOST THIS CARD SO IT IS
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
• 1 1 �f 1%k'Q 61 2 0►�� f� �y:�'�' 1�Q /rt�ws r�i ��ifs-
2
3 1TING INSPECTION APPROVALS ENGINEERING DEPARTMENT
so
2 BOARD OF HEALTH
OTHER: SITE PLAN REVIEW APPROVAL. : -
5�� �, dK L SEE LETTER DATED 10/13/00 REGARDING "CONDITIONS"
Certificate of Occupancy p y subject to recording of
WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS
THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY
VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA-
TION. NOTED ABOVE._ TION.
HOLLY MANAGEMENT & SUPPLY CORPORATION
297 North Street
Hyannis,Massachusetts 02601
(508) 775-9316
FAX(508)775-6526
May 25, 2001
Jeffery Cannon
Town Treasurer
Town Hall
367 Main Street
Hyannis, MA 02601
Re: 259 North Street, Hyannis, MA 02601
Dear Mr. Cannon:
As President of 259 North Street Corporation, the Corporate General Partner of 259
North Street Limited Partnership, the owner of the property at 259 North Street, Hyannis, .
MA 02601,I hereby tender to you with this letter a check in the amount of$44 ' vj g_
payable to the Town of Barnstable, which shall be held b P" r
completion of the remaining work to be done on the above said premises.
pending the.
It agreed that all of said escrow monies shall be returned to me upon your issuance of the
Occupancy Permit.
Please contact me if you have any questions.
Kindly,
Stuart A. Bornstein v
SAB/ldc
Enclosure
N80 sog0 50"E N��'T.Ij
N69'29'46"E--- 4
107.9 ST•
• r--------- -----
98.86 --- ;N '
i '
Io01 _p:�
L.C.PLAN
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z S69'34'30"W n';o LOT 6
o ;------ rri LOCUS o
j 60.00
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GI i CA
I cil j I co 1 EASEMENTI ABLD G.
6,795 S.F. LOCATION o 0
0.16 ACRES Z -
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41.46 N69'29 46'E 98.86' N
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N 1 U;1 10 5,078 S.F. _ : : :;p NO KING EASEMENT
-' -' - 0.12 ACRES o 68'03`.02;
41.46'
z
50.78' EASEMENT STARTS
`----------- 1.91' OFF S.E.
S69'28'44"A LOT CORNER z
O
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1---------- -- --------- N M
DATE REG. SURVEYOR o
Ui
SKETCH PLAN
SHOWING PARKING EASEMENTS
TO BE GRANTED TO THE TOWN OF BARNSTABLE 68'09'40"
LOCATION 259 NORTH STREET
(HYANNIS) BARNSTABLE, MA .z
N
SCALE 1" = 60' DATE 5-16-01 ;
fs
DEED REF. CERT. 124887
ASSESSORS MAP 308 PARCEL 73-2 o}}N ::: m
PLAN LCP 8094—C oICD _ PARKING EASEMENT
- NO. 2
off 508-362-4541 ::�
fax 508 362-9880 :� 9 2 ¢
� PREPARED FOR:
down cape engineering, inc. BORNSTEIN PROPERTIES —
CIVIL ENGINEERS 8'55'20"w
LAND SURVEYORS 55.36' MAIN ST.
939 main st. yarmouth, ma JOB # 94-1 1 1 LOT 5
EASEMENT
259 NORTH STREET LIMITED PARTNERSHIP, a Massachusetts Limited
Partnership with a principal place of business at 297 North Street, Hyannis, Barnstable
County, Massachusetts, 02601
GRANTS TO
THE TOWN OF BARNSTABLE, a municipal corporation having a principal address at
367 Main Street, Hyannis, Barnstable, Massachusetts 02601-3907, it successors and
assigns,
IN CONSIDERATION OF less than One Hundred ($100.00) Dollars
THE PERPETUAL RIGHT AND EASEMENT for the benefit of the public on and upon
the two areas of land shown as PARKING EASEMENT 1 and PARKING EASEMENT
2 on the "Sketch Plan Showing Parking Easements to be Granted to the Town of
Barnstable", which said plan is attached hereto as Exhibit A, for all purposes for which
parking easements are now or hereafter may be commonly used, including the right to
park vehicles upon said Parking Easements, to pass and repass by vehicles and on foot
over and upon said Parking Easements in furtherance of the purposes set forth herein,
and the right to mark the parking areas granted hereunder.
It shall be the continuing obligation of the Grantor, and its successors and assigns, to
improve and maintain the said Parking Easements consistent with the purposes set forth
herein.
For Grantors title see Certificate No. 124887.
This Easement shall take effect upon recording and shall not be modified or released
except by written instrument duly executed and recorded by the Grantor and Grantee, or
their successors and assigns.
AUTHORIZED AND SIGNED this day_ZZ5 of May, 2001
By: 259 North Street Limited Partnership
By Its General Partner, 259 North Street Co r oration
y: Stuart A. Bornstein, President
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. May :P5, 2001
Then personally appeared the above-named, Stuart A. Bornstein, President of 259 North
Street Corporation, Corporate General Partner of 259 North Street Limited Partnership
and acknowledged the foregoing ins ment to be the corporation's free act and deed
Lenora. tr .
Notare
Notary Public My Commis::c�, Expires
My Commission Expires: 12/24/L4
HOLLY MANAGEMENT & SUPPLY CORPORATION
297 North Street
Hyannis, Massachusetts 02601
Viol% (508) 775-9316
FAX (508) 775-6526
January 27, 1995
Messrs . Ralph Crossen & Warren Rutherford
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
Re : 259 North Street Parking Lot
Gentlemen:
I have a problem regarding the 259 North Street parking lot and I
do not know, exactly, how to handle it; I seem to be going
backwards with it . A letter from the Department of Mental Health
office is enclosed along with a letter to Barnstable Building
Department .
There ..are ,h8,9 ,parking -spaces;. in-,.this lot;,most .used. up front,. for
public .parking. =However_j- we.,have_different people..using. these
spaces .,and•,•I :question)whether they are allowed to use .it in :the way
it _-ds .being .used. -
The Chrysler garage parks 10 to 25 cars there a day for their
employees . . This originally was in a covenant stating that when
they were allowed .to use, their land to build their other garage in
the back, they would not park their cars in the 259 North Street
parking lot . This has not been enforced; it really presents a
problem because they park right in the very front .
To compound the problem even further, Cape Cod Co-op Bank does not
allow their own people to parkin their parking lot, but park in
the public parking lot all day. This adds another 10 cars parked.
Furthermore, to make things worse, Pena Bus Tours makes
arrangements for bus tours to Boston or wherever, and another 50 to
70 cars show. up• every so often in the morning to leave their cars
all day while they go to Boston.
This parking lot would be adequate enough to handle the needs if it
was -used-correctly; but obviously, this is not the case . It is not
being - used--the- -way ,it,.,was .intended. • At least, please . get the
Chrysler people to park -on -their own parking lot, and perhaps , if
Mr. Pena has to park' 35 ,-or -.40 cars, he can .split them up +between
two or three lots instead of having his bus drivers convene in one
parking lot .
i
January 27, 1995
page 2
It is really a problem and I do not know how to rectify it . We
have gone to Gloria who is the enforcement agent, but she has been
unable to help. This must be addressed immediately as it will only
continue to get worse.
Kindly yours,
�tuar�tA�. Bornste�in
SAB j k
Enclosures
cc: Ruth Ann Santos
Deptartment of Mental Health
Ray Robinson
Kemper Securities
Town of Barnstable
9� Zoning Board of Appeals
'92,1 P 1 A D 7 0
Decision and Notice
Appeal Number 1994-108
Variance; Bulk Regulations; Maximum Building Height
Summary Denied
Petitioner: 259 North Street Real Estate Trust
Address: 297 North Street,Hyannis,MA 02601
Owner: Stuart Bornstein,Trustee
Assessor Map&Parcel: 308-073.02 0.85 acres
Zoning: B -Business Zoning District.
Request: Variance to Section 3-3.1 (5)B.ulk Regulations-Maximum building height of 30
feet,or two(2)stories,whichever is lesser.
Development Activity: To utilize the attic space of approximately 2,400 sq.ft.of an existing structure.
Procedural Provisions: Sect.5-3.2 General Powers, Item(3): Variances/Sect.5-3.3 Special Permits
Background Information:
The locus is on the south side of North Street between Sea Street Extension and Bassett Lane,Hyannis.
The zoning district restricts buildings to 30 feet or two(2)stories,whichever is lesser. The existing
structure also abuts the Town-owned parking lot referred to as North Street Parking Lot. Originally known
as the"William's Building"it was built in 1978 and was the only structure of three(3)proposed at that time
to have been built.
At present,the structure has three usable levels identified as"Basement First Floor,and Second Floor"as
represented on the original plans and as shown on elevations. In addition,the so-called "attic" level is
located under the roof structure and above the roof plate. e petitioner is now requesting a variance for the
use of the top level"attic", and concurrently with the variance,he is also seeking a special permit for the
reduction of required on-site parking related to the"attic"floor only.
The petitioner requested a variance to use the same"attic"floor for office in Appeal No. 199245. This
was Denied. A copy of the Decision and Notice is attached. In a related action,the Zoning Board of
Appeals granted a conditional Special Permit No. 1994-56 to the petitioner for a reduction of required
parking to allow the construction of a second office building of 8,000 gross square feet on site.
Procedural Summary:
The application was filed with the Town Clerk's Office on October 20, 1994;and scheduled for a public
hearing before the Zoning Board of Appeals on November 30, 1994. Board members sitting on this appeal
are:Dexter Bliss,Emmett Glynn,Richard Boy,Ron Janson and Chairman Gail Nightingale.
Stuart Bornstein is requesting to use the third story of 259 North Street as offices. Mr.Bornstein explained
that the building was purchased from Shawmut Bank and was a vacant building shell at the time. He has a
tenant in the bottom floor. He explained that the usable floor space is limited. Because of the handicapped
regulations he has lost a good deal of usable floor space.
r
Zoning Board of Appeals
Decision and Notice
Appeal Number 1994-108
The Board asked regarding whether or not this was a repetitive petition. Staff assured the Board that two
years had passed since Oct.22 1992,denial of a similar request.
Mr. Bornstein said he leased the second floor to a twelve person office. Now he is looking for relief for the
third floor. Financial hardship will ensue if he is not allowed to use it because they still has to heat the top
floor and they pay taxes for the whole building which includes this portion.
He continued that they have 55 parking spaces by special permit,but because of the nature of the building
they don't even have 3,500 square feet of usable space on each floor. Additionally it is a low impact office
without much need for parking. He argued that because so much of the floor space has been used up for the
handicapped bathrooms and enlarged hallways that the parking regulation of spaces per gross square
footage should be re-figured. He claims the Town's parking requirement has not kept up with the State
regulations with regards to handicapped bathrooms and space needs for corridors. Additional arguments
include the fact that there is a shortage of usable office space downtown and if his this Board grants this
request it will help in the revitalization of the downtown area.
The Board asked how the progress was coming on implementing of the relief granted in Appeal No. 1994-
56,which was granted for this locus. Mr.Bornstein responded that due to the time for approval in that
request that his perspective tenants backed out. So he is in limbo with that right now.
In concern for the attic space,there would be only about 1,500 feet of actual rentable space. There is
heating and sprinkler up there and it is not finished off Mr.Bornstein stated that at with that usable office
area the appeal would need only 7 parking spaces instead of 9. He stated that for the second floor of the
building,which has a 12 man office,it required 17 or 18 spaces be allotted but only use 12. So there are 5
available from that floor alone. A similar situation exists for the first floor.
The Board noted that they had already reduced the parking requirements from 79 to 32 on-site parking
spaces.
The Board requested public comment,Charles Curran of 246 North St. spoke in favor for general business
and to attract business to the downtown area is a plus. Ralph Dagwan of Hyannis spoke in opposition
stating that Mr.Bornstein has not been a good neighbor. He added that the Hyannis Civic Association has
expressed its desired to maintain the height restrictions imposed by the Zoning Ordinance.
The Board stated the Zoning Ordinance allows business in this zone but not all have the same parking
requirements and if a medical facility came in at a later date it could create a problem without adequate
parking. This Board must minimize congestion. This Board has already reduced the parking there by 39
spaces. The building has been in existence and was built knowing the upper attic story could not be used.
This applicant purchased that structure knowing this.
FINDINGS:
In appeal number 1994-108:
1. The applicant bought the building three or four years ago and it was already in existence at the time.
2. The applicant has exhibited good faith efforts to fiilfill the requirements of the special permit for the
reduction of parking and landscaping improvements made to the public parking lot in a previous
petition.
3. The applicant has deleted one of the three buildings in his plans in Appeal Number 1994-56.
4. The applicant has demonstrated a financial hardship due to laws of handicapped access.
5. The addition of usable space at the location would not present a detriment to the neighborhood.
6. The use of the building as an office is consistent with permitted uses in the area.
VOTE:
AYE: Dexter Bliss,Emmett Glynn,Richard Boy
NAY: Ron Jansson, Chairman Gail Nightingale
2
Zoning Board of Appeals
Decision and Notice
Appeal Number 1994-108
DECISION:
In Appeal Number 1994-108 a motion was made by Richard Boy and seconded by Dexter Bliss to grant the
petitioner the requested variance with the following conditions:
1. That the variance is granted for the attic floor area of the existing structure only and shall not be
applicable to any other portion of the property.
2. That all conditions of appeal number 1994-56 be complied with prior to the Building Commissioner's
release of an occupancy permit for the use of this attic as an office space.
3. The attic office space not be utilized for doctor's offices or medical purposes.
VOTE:
AYE: Dexter Bliss,Emmett Glynn,Richard Boy
NAY: Ron Janson,Chairman Gail Nightingale
The motion to grant Appeal No. 1994-108 with condition does not carry and is therefore denied.
MINORITY FINDINGS:
In consideration for the negative votes cased,Ron Jansson made the following minority findings:
1. This appeal could have reaching concerns in setting a precedent that is not constant with the Local
Planning Committee efforts and the desires of residents of the downtown Hyannis. Both have
expressed concern that the number of stories not be increased. This concern has also been expressed
by the Town of Barnstable,Town Council.
2. In recognition that this structure was built before Mr.Bornstein purchased it,he certainly did not
produce the problem with the existence of a third story.
3. To initiate three stories,even by variance granting simply because it exists would be setting a precedent
with major implication with reference to intensity of use and would effecting traffic,overall
congestion,and infrastructure.
4. To grant this variation from the limits of two stories imposed in zoning is not in keeping with the
spirit and intent of the Zoning Ordinance
5. Variance condition do not exist.
ORDER
Appeal Number 1994-108 does not carry due to a.split three to two vote. Appeals of this decision, if any,
shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty
(20)days after the date of the filing of this decision in the office of the Town Clerk.
Ofl 11,119q
Gail ightingale, airman Date Signed
I Li Leppanen, lerk of the own of Barnstable,Barnstable County,Massachusetts,hereby certify that
twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of
the decision has been filed in jhe office of th own Clerk.
Signed and sealed this /J day o 19 under the pains and penalties of
Pence'• / ;t /
Linda Leppanen,Town Clerk
3
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
im
. DATA.
Town of Barnstable
#
Zoning Board of Appeals 23 AAIR-, '
Withdrawn Without Prejudice `94 00" 14 �^ :4�
Appeal Number 1994-109
Variance; Bulk Regulations; Maximum Building Height
Summary Withdrawn without Prejudice
Petitioner: 259 North Street Real Estate Trust
Address: . 297 North Street,Hyannis,MA 02601
Owner: Stuart Bornstein,Trustee
Assessor Map&Parcel: 308-073.02 0.85 acres
Zoning: B -Business Zoning District.
Request: Special Permit Section 4-2.8 Reduction of Parking Requirements
Background:
The locus is on the south side of North Street between Sea Street Extension and Bassett Lane,Hyannis. The
existing structure abuts the Town-owned parking lot referred to as North Street Parking Lot. Originally known as
the "William's Building"it was built in 1978 and was the only structure of three(3)proposed at that time n have
been built.
At present,the structure has three usable levels identified as"Basement,First Floor,and Second Floor"as
represented on the original plans and as shown on elevations. In addition,the so-called "attic" level is located
under the roof structure and above the roof plate. The petitioner is now requesting a variance(1994-108)for the
use of the top level"attic", and concurrently with the variance,for a special permit for the reduction(1994-109)of
required on-site parking related to the"attic"floor only.
The Zoning Board of Appeals granted a conditional Special Permit No. 1994-56 to the petitioner signed on July
14, 1994 concerning a reduction of required parking to allow the construction of a second office building of 8,000
gross square feet on site.
Summary:
The application was filed with the Town Clerk on October 20, 1994;and scheduled for a public hearing before the
Zoning Board of Appeal on November 30, 1994. After Appeal number 1994-108 did not carry due to a split vote,
Mr.Bornstein requested to withdraw this petition without prejudice and the Board granted his request.
Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,
Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk.
G Nightingal Chairman
Date ign
I Li da Leppanen, Clerk of the Town of Barnstable,Barnstable County,Mas mf H
(20)days have elapsed since the Zoning of Appeals Board A
filed this decision T r a •� � z.
been filed in the office of the Town Clerk.
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Town of Barnstable TOWN CLERK
zoning Board of Appeals 6 ft RN&f_ ASS.
Variance i Height Restrictions
Decision and Notice OCT 22 P3 *8
Appeal No. 1992-45
Summary: Denied
Appeal No. 1992-45
Applicant: Stuart Bornstein Trust
Two Fifty-Nine North Street Real Estate Trust
Address: 'One Financial Place, 1297 North Street, Hyannis,
MA 02601
Property Location: 259_North Street_ , Hyannis, MA 026017
Assessors Map/Parcel: 308/073-2
Zoning: B - Business
Property Owner: Stuart Bornstein Trust
Applicants Request: variance to Bulk Regulations, Maximum Height of
Building (two (2) stories) , and Parking
Requirements if Applicable.
Activity Request: To permit offices on a third floor area within
an existing office structure.
Procedural Provisions: Section 5-3.2(3) variances, MGL Chapter 40A
Section 10
Background:
This decision concerns the petition submitted by to the zoning Board of
Appeals for a Variance to allow the occupancy of the upper level of a building
for office use. The zoning district restricts buildings to 30 feet or two (2)
stories, whichever is lesser.
At present, the structure has three levels identified as "Basement, First
Floor, and Second Floor" on the plans submitted. The top level, identified as
an "Attic" with dormers, is the level he is seeking to use for office by this
Variance. That level is located under the roof structure and above the roof
plate.
The structure located on North Street abuts a Town-owned parking lot.
Originally known as the "Williams Building" it was built in 1978 and was the
only one (1) structure of three (3) proposed to have, been built.
Procedural Summary:
The application was filed in the office of the Town Clerk and at the Zoning
Board of Appeals office on June 17, 1992. A public hearing, duly noticed
under M.G.L. Chapter 40-A, was opened on July 09, 1992 and continued to the
meetings of August 13, September 10, September 24, and to October 08, 1992.
At the meeting of September 24, 1992, the Board closed its hearing and a
Decision and Notice
Appeal No. 1992-45
decision of the Board was finalized at the October 08, 1992 meeting. During
this period the applicant and Board twice extended the required time limits by
thirty (30) days for the filing of the decision, first on August 26 and a
second on September 11, 1992.
The petition was heard by Board Members: Gail Nightingale, Richard Boy, Luke
Lally, Wayne Brown and Chairman, Dexter Bliss. During the proceedings, the
applicant was represented by Attorney Douglas Murphy. Stuart Bornstein
representing the Trust was also present.
At the opening of the Public Hearing on July 09, 1992, the applicant, through
his attorney, submitted a letter dated July 08, 1992, a copy of which is in
the file, requesting a continuance of the proceedings to August 13, 1992. The
Board honored the request and notified a representative of the appeal, Aaron
Bornstein that Site Plan Review Committee should review a site plan of the
subject property. This Variance request was viewed by the Board, as an.
expansion of use within the structure and would require review in accordance
with section 4-7.3(3) of the zoning ordinance.
At the Hearing of August 13, 1992, attorney Murphy presented the petition. He
gave a brief history of the site development citing that the development was
in possession of a Special Permit for the reduction of required on-site
parking issued in accordance with the 1987 zoning Bylaw which granted the
issuance of Special Permits for reduction in parking to the Board of
Selectmen. He presented a copy of that Special Permit titled 'Exhibit B". A
copy of which is in the file.
Attorney Murphy also presented an illustrated concept plan for the layout of
the Town Parking lot and showing in plan the 259 North Street Building, the
subject site of this appeal. He provided the figures that the fully developed
site was for 24,400 sq.ft. of business/office space in three buildings and
that the one structure built was 18,000 sq.ft. in gross area. The applicant
is proposing that if the top floor, an existing "attic space", is permitted an
additional 900 sq.ft. would be available in the built structure for office
use. Attorney Murphy went on to discuss a plan titled Site Plan of Land for
the proposed parking layout, prepared for Stuart Bornstein" and dated
September 08, 1992 by Weller and Associates. This plan proposed the
combination of the two unbuilt buildings into one structure.
Attorney Murphy discussed the cooperation between the Town of Barnstable and
Mr. Bornstein that had evolved during the preceding months to initiate
improvements to the Town-owned North Street Parking Lot.
The Board presented several concerns to the applicant and his attorney. The /
Board questioned the height of the existing building, the need for an approved
site plan, an explanation as to how four exposed levels now exist within the ,
building and how that complies with existing zoning ,which limits buildings tof
two (2) stories, ;and the amount of required parking by the additional floor
area will be utilized. Questions were also raised as to the location of the
50 parking spaces that the applicant was to have developed on his property as
a part of the Special Permit apparently issued by the Selectmen. They also
questioned the validity of the Special Permit.
Decision and Notice
Appeal No. 1992-45
The Public was invited to speak, and no one spoke in favor or in opposition.
The Board continued the hearing until September 10 to seek additional
information on the questions raised.
At the meeting of September 09, 1992, Joseph Daluz, the Building Commissioner,
submitted a memorandum addressing the Boards questions and concerns for the
height and development of the building. Mr. Daluz stated that there is no
zoning violation, and that the Certified Plot Plan meets all of the
provisions. He discussed the issuance of the Selectman's 1985 Special Permit
a for reduction in parking.
The Board questioned why it is referred to as two-story building when it
visually appears to be four (4) stories - four levels of windows are visible
outside and four full height levels exist inside. The Building Commissioner
remarked that the State Building Code permit a first and second floor, with an
attic and a basement, therefore two (2) floors.
The applicant submitted a letter dated September 9, 1992 from Weller &
Associates who have measured the height of the building in question and found
it to be 28.2, from the average grade to the top of the plate (as approximated
by the bottom of the existing gutters) .
The Board questioned if the project is complete to the satisfaction of the
apparent agreement with the Town for a reduction in parking. The Building
Commissioner responded "no" in that buildings B and C are not constructed.
The Board requested Attorney Murphy address those conditions that would
warrant the granting of this special Permit. Attorney Murphy cited the
uniqueness of the property is established by:
1. The fact that it abuts 570, of a public parking lot.
2. The lot is long and narrow.
3. The property has been foreclosed on.
4. Building requirements (handicapped bathrooms and access) have
changed and now place an economic hardship in operating this
building.
The meeting was adjourned and the proceedings continued to September 24, 1992
and October 08, 1992. At that time the Board members reviewed particulars of
the case and voted on findings.
Finding of Facts:
Based upon the evidence submitted and testimony given, The zoning Board of
Appeals found two sets of facts as related to Appeal No. 1992-45.
The first series of facts were found to be favorable to the appeal; they are:
1. The applicant has purchased a building that was in existence and
that appears to have the benefit of an agreement with the town
through its past Board of Selectmen for the reduction of parking.
2. The applicant has made good faith efforts to fulfil the requirements
of the Special Permit for the reduction in parking through improved
\I
Decision and Notice
Appeal No. 1992-45
pavement, re-stripping and landscape improvements to the public
parking lot.
3. The applicant has offered to delete one of the three buildings from
his future plans in exchange for the permitted use of the existing
attic space within the present developed structure.
4. The applicant has a hardship in that handicapped access is required
and that requirement has lead to a reduction in the usable floor
area of the building.
5. The adjacent public parking lot is under-utilized by the fact that
25% of the available parking spaces. are commonly vacant.
6. The addition of 900 sq.ft. of usable space at the location would
not present a detriment to the surrounding neighborhood.
7. The use of the building as offices is consistent with the permitted
uses in the area.
8. The town's Department of Public Works has developed the plans for
improving the town's parking lot.
The vote on the first set of fact was as follows:
Ayes: Wayne Brown, Luke Lally and chairman, Dexter Bliss
Nays: Gail Nightingale and Richard Boy
The minority vote made a second set of findings as follows:
1. To grant a variance, MGL Ch. 40A Section 10, requires that the
applicant document those ncircumstances related to the soil
conditions, shape, or topography of the land or structures and
especially affecting that land or structures but not affecting
generally the zoning district in which it is located." The
applicant has not documented that unique variance Conditions exist
for this lot nor for the building located on the lot.
A narrow lot, presently developed with a 28 or 29 foot high
structure of 18,000 sq.ft. and potentially expandable to 28,000
sq.ft. - as implied in testimony given - and that utilizes, what the
applicant terms - an exposed basement floor, a first floor and a
second floor, does not constitute conditions to grant a variance to
the height regulations of 30 feet or 2 stories (whichever is less)
as established in the district to permit occupancy of a third floor
or attic which in reality constitutes a fourth level to the
structure.
The fact that the attic exists is not a unique condition that
justifies granting its occupancy. When built in"1985-86 it was
clear that occupancy of the attic space would not be permitted.
The fact that the building has an elevator and handicapped
accessible bathrooms is not unique to that structure only.
Handicapped bathrooms are standard to all commercial and business
Decision and Notice
Appeal No. 1992-45
establishments. The elevator and accessible bathrooms do not
constitute a unique condition for granting a variance.
2. Serious flaws exist in the Special Permit issued by the three member
Board of Selectman on August 8, 1985, and in accordance with the
1985 Zoning Bylaw for the reduction of required parking.
MGL Ch. 40A - Section 9 requires that "a copy of the Special Permit
shall be filed within fourteen days from date of decision in the
office of the town clerk". The special Permit Decision and Notice
presented has no date of filling with the Town Clerks office as
required. A certified copy of that special Permit by the Town Clerk
or by the Register of Deeds has not been submitted.
Furthermore, Section 9 also requires that "a unanimous vote of a
three members board" is required for a Special Permit to be issued.
The special Permit presented contains only two signatures and not
three as required. The document does not contain an itemization of
the votes as cast. These issues bring into serious question the
validity of that special Permit for Parking.
3. If there should exist a valid Special Permit issued by the Board of
Selectman on August 8, 1985, for the reduction of required parking,
questions exist if that permit is valid today.
The Town of Barnstable Zoning ordinance, Section 5-3.3 states that
"A Special Permit shall become void twelve months from the date of
issue unless any construction work contemplated thereby shall
commence and proceed in good faith continuously to completion."
It has been over 7 years since the special Permit was issued and the
plans for development of the site approved. with regard to the 1985
approved plan, only one of the three proposed structures are built
and most of the lot remains unimproved. It has been shown that for
several years the site and building laid idle without development
proceeding towards completion. It was not until 1992, when the
present applicant gained possession, that any activity proceeded
towards honoring those commitments made in the implied 1985 special
Permit, commitments that should have been completed by August of
1986. The applicant has not substantiated that the 1985 special
Permit, if properly issued, remains valid today and hid not expired
years ago.
4. section 4-7.3 of the Zoning ordinance requires that Site Plan Review
is applicable when ,any expansion or modification to an existing
structure or any change in use which would necessitate additional
off-street parking." That requirement has, not be fulfilled by the
applicant.
The applicant, from his own testimony, has cited that 900 additional
sq.ft. are to be utilized in the structure. This footage was not
originally accounted for in the 1985 development plans. The
additional footage necessitate that a minimum three additional off-
street parking spaces be provided. This triggers the need for an
Decision and Notice
Appeal No. 1992-45
approved site Plan reviewed by the Site Plan Review Committee for
the development site.
The applicant was instructed and required to see site Plan Review
Committee at the August 13 opening of the public hearing. What the
Board has been given as fulfilling that obligation was the plans for
the layout of the public parking lot on North Street, titled "Town
of Barnstable Plan of North Street Parking" and dated ,Tune 92.
This plan is for the town owned land adjacent to the locus of this
appeal. site Plan Review Committee did not review or approve the
subject site of this appeal - the 259 North street locus. This is
unacceptable and does not meet the requirements of the Town of
Barnstable Zoning ordinance.
The vote on the second set of fact was as follows:
Ayes: Gail Nightingale and Richard Boy
Nays: Wayne Brown, Luke Lally and Chairman, Dexter Bliss
Conclusion:
Accordingly, based upon findings, a motion was duly made and seconded that
Appeal No 1992-45 be granted with the following conditions;
1. the applicant complete within one (1) year all of his on-site
parking that is illustrated on his original plans for the
development, and
2. one (1) of the building not yet built is to be eliminated and that
area developed for parking.
The vote was as follows:
Ayes: Wayne Brown, Luke Lally and Chairman, Dexter Bliss
Nays: Gail Nightingale and Richard Boy
Order:
A Special Permit require 4 ayes of a 5 member Board to carry. Appeal No 1992-
45 having only 3 ayes is denied. Appeals of this decision, if any, shall be
made pursuant to MGL Chapter 4OA, Section 17, and shall be filed within Twenty
(20) days after the date of the filing of this decision in the office of the
Town Clerk.
Any person aggrieved by this decision may appeal to the Barnstable
Superior Court, as described in Section 17 of Chapter 40A of. the
General Laws of the Commonwealth of Massachusetts by bringing:.an
action within twenty days after the decision has been filed in the
office of the Town Clerk.
• w
' airman
I' Clerk of the Town of Barnstable,
Barnstable County, Massachusetts, hereby certify that twenty (20) days
have elapsed since the Board of Appeals rendered its decision in the
above entitled petition and that no appeal of said decision has been
filed in the office of the Town Clerk.
Signed and Sealed this day of 19 under the
pains and penalties of perjury.
Distribution:
Property Owner
Town Clerk Town Clerk
Applicant
Persons Interested
Building Inspector
Public Information
Board of Appeals
r
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Special Permit - Reduction of Required Parking
. Appeal No. 1994-56
Summary Grant with Conditions
Applicant 259 North Street Real Estate Trust
Address: 297 North Street, Hyannis, MA 02601
Property Location: 259 North Street, Hyannis, MA
Property Owner: Stuart Bornstein, Trustee
Address: 297 North Street, Hyannis, MA 02601
Assessor Map/Parcel: �1-308-073 .02 0.85 acres
Zoning: Business B District
Overlay District: AP - Groundwater Protection
Request Special Permit for Reduction in parking for an
existing structure and for a proposed new structure.
Development Activity: To add a 40,.f_t by 200 ft. one story commercial office
building (8, 000 sq. *ft. gross floor area) to the site
that has an existing office building (with 14,244 sq.
ft. of existing usable) and for which• a variance is
sought to permit the attic to be usable (2,400
sq.ft. ) .
Procedural Provisions: Section 5-3.3 Special Permit
Background Information:
The locus is on the south side of North Street between Sea Street Extension
and Basset Lane, Hyannis and adjacent to the Town of Barnstable North
Street/Basset Lane Parking Lot. The applicant is requesting a Special Permit
for the reduction of required on-site parking for the entire project site.
This appeal is being considered together with Appeal No. 1994-55, a request
for a variance to the maximum building height to allow the use of the "attic"
space in the existing building.
Site Plan Review is scheduled to consider this project at its meeting of June
16, 1994. Final action is due June 23, 1994.
Procedural Summary:
Filing Date: May 2, 1994; To ZBA Mtg. of 6/22/94
The petition was heard by Board Members T. DeRiemer, D. Bliss, E. Nilsson, R.
Jansson and Chairman R. Boy.
ZBA meeting of June 22, 1994 :
Mr. Bornstein representing himself is requesting a special permit. This site
presently has two building foundations on it. Two buildings of two stories
each. They have sewer, water and electricity. The request is to size down to
one story instead of two and merge the two foundation into one building.
1
i
T
Decision and Notice - Appeal No. 1994-56 Special Permit
Reduction of Parking: Bornstein
Mr. Bornstein explained that he has a financial company who wants to rent and
would definitely provide 25 good paying jobs.
Arthur Traczyk The Old Williams Building is still there. The earlier Special
Permit for reduction of parking. question as to validity and he is trying to
make it valid now.
Mr. Bornstein said he would withdraw his right to have a second story on the
buildings and would allow a condition of only one tenant. Regarding the
issue of landscaping Mr. Bornstein said that.he had given the town 10,000
dollars for site improvements to landscape and redesign and add parking.
Public Comment:
Joseph Chili, a landlord, tenant and merchant on Main Street spoke in
opposition citing problems with parking. Understanding that Mr. Bornstein
would utilize the public parking lot to accommodate his overflow cars Mr.
Chili said that lot had been slowly given away by the town and there was no
more room to give. He informed that a car dealer and tour busses use it also.
Jeff Taylor of Cellar Leather and Pam Chapel of Common West both spoke in
opposition citing the same reasons as Mr. Chili.
Mr. Bornstein rebuttal was that merchants may be short sighted. He again
reiterated about the year round jobs that would be provided and reminded the
shop owners that people with good jobs buy more merchandise on their lunch
hours and after work. He stated that offices let out at 5:00 PM and would not
interfere with the tourists who frequently come after dinner to walk on Main
Street.
Mr. Jansson reminded Mr. Bornstein that he needed 79 parking spaces not 30.
Mr. Bornstein said he was allowed 80 spaces. He has 52 or 53 and when we paid
the town to redo the parking lot was partially suppose to go for an additional
30 parking spaces.
Mr. Jansson reminded Mr. Bornstein that the permit that he was referring to
was granted by the Selectman's Office and had not been recorded and therefore
was, in-question as to validity.
Mr. Bornstein: The only issues Site Plan Review has is the landscape plan and
the dumpster and I explained to Cathy Maloney that until the Board of Appeals
tells me what to do with the building, I can't go forward with the final
drawings. Then after I need the architect plans. I am willing to grant what
ever they wish, just make it a condition.
R. Jansson: Site Plan Review Committee has addressed a letter to this Board
dated June 16, 1994 in which there are several concerns to be addressed
tomorrow. Impact on Senior Citizens Housing, adequacy of dumpster area,
potential use of the attic space, clarification of relationship of this
project and the town parking lot, walkway, landscape, sprinkler main location.
Mr. Bornstein is to submit additional documentation regarding these things
tomorrow.
Art Traczyk: Additionally the Legal Department may need to look at the
easements over the town land to get to the back property where there is
additional parking.
Chairman Boy: Postponed this hearing until July 6 at 7:.15 PM
ZBA Meeting of July 6, 1994:
2
Decision and Notice - Appeal No. 1994-56 Special Permit
Reduction of Parking: Bornstein
As Mr. Jansson was not in attendance, Chairman Boy told Mr. Bornstein that
they would continue and in the event that the missing vote impacted Mr.
Bornstein's appeal negatively, then they would continue this hearing until Mr.
Jansson could attend. Mr. Bornstein agreed.
A letter from Arthur Traczyk was read into the record (see file) for updating
information. Essentially it said final approval of landscaping would be with
Site Plan Review and the building would be limited to office space only.
E. Nilsson responded that there should be a condition regarding liability and
adverse possession on the public land that MR. Bornstein will maintain.
A. Traczyk advised that a conditions might be imposed that the Town Attorney
review this aspect of the decision should it be granted.
Findings:
1. Petitioner has offered to reduce the intensity on a lot that
presently has two foundations of 10, 000 sq. ft. of rentable space to reduce
to one Building. of 8, 000 sq. ft.
2 . The property abuts the North Street public parking lot which is
under utilized for most of the year.
3. Foundations were in place prior to the applicant's purchase of the
property.
4. In this Zone (Business B District) it is common for stores and
offices to utilize public parking for parking requirements.
5. Applicant has already contributed to the town in excess of $10, 000
to redesign and landscape the parking lot to which these buildings abut.
6. In granting this permit would not be substantially detrimental to
the neighborhood nor in contravention of the spirit or intent of the zoning
ordinances of the Town of Barnstable.
SECOND: T. DeRiemer
VOTE:
AYE: T. DeRiemer, E. Nilsson, D. Bliss and Chairman Boy
NAY: None.
Conclusion:
Accordingly, based upon the findings, a motion was duly made and seconded that
Appeal No. 1994-56 for a Special Permit according to Section 4-2 .8 Reduction
in Parking and Section 4-2 .7 Parking Requirements be granted with the
following conditions:
1. j A reduction,
_of_41 parking spaces from 73 on-site parking spaces to
,,32 on-site parking spaces.
2 . The relief is. granted for the existing..,14,244 „sq., ft. three level
structure and for the proposed (F,'& sq. ft. one level structure. That the
layout of the structure shall be as proposed in the plan presented
entitled, "Drainage Improvement Plan for the Proposed Office Building at
259 North Street" prepared for Stuart Bornstein dated March 23, 1994,
revised April 26, 1994.
3. The use of all structures is limited to office use only and shall
not .include- banks or_ medical offices. The existing three level structure
shall be limited to a maximum of three office suites and the single level
structure to one office suite.
3
}
Decision and Notice - Appeal No. 1994-56 Special Permit
Reduction of Parking: Bornstein
4. There shall be no further division of the lot.
5. The maximum height of the new structure shall be 13 feet as
measured to plate. Use of the attic space shall be limited to mechanical
only and shall not be designed to be habitable.
6. The applicant shall design and reconstruct a 5 foot wide concrete
sidewalk with brick trim between the proposed structure and the public
parking lot, linking the parking lot with Main Street and North Street.
7. Complete curbing on the edge of the public parking lot as it abuts
the applicant' s property, inclusive of handicapped access curb cuts.
8. Design and implement the development of a landscape plan within
the area defined as the "knock-out" area with sod and a minimum of five two
inch caliber shade trees.
9. The landscape plans for the overall site and inclusive of the area
of the recreated sidewalk and knock-out area shall be submitted to Site
Plan Review Committee for their approval prior to seeking a building
permit. All items proposed shall be completed to the satisfaction of the
Department of Public Works prior to issuance of the occupancy permit for
the new 8, 000 sq. ft. structure.
10. The applicant shall be responsible for the maintenance of all
landscaping and walks" located from the curb of the parking lot to his
property. Maintenance and use of the public spaces shall not in any way
indicate that the applicant could at any time now or in the future claim
ownership of the property from the town.
11. The applicant shall encourage all lessees develop and coordinate car
pooling for its workers and for bicycle riders.
SECOND: T. DeRiemer
VOTE:
AYE: T. DeRiemer, E. Nilsson, D. Bliss and Chairman Boy
NAY: None
Order:
Appeal No. 1994-56 for a special permit is granted with conditions.
Appeals of this decision, if any, shall be made to the Barnstable Superior
Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after
the date of the filing of this decision in the office of the Town Clerk.
Richard Boy, Chairman Date Signed
I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County,
Massachusetts, hereby certify that twenty (20) days have elapsed since the
Zoning Board of Appeals filed this decision and that no appeal of the decision
has been filed in the office of the Town Clerk.
Signed and sealed this day of 19 under the
pains and penalties of perjury.
4
Decision and Notice - Appeal No. 1994-56 Special Permit
Reduction of Parking: Bornstein
Linda Leppanen, Town Clerk
CC: Building Commissioner
Site Plan Review
Board of Health
Hyannis Fire Department
ZBA file
i
5
of r Town of Barnstable
Regulatory Services
yMAE& $" Thomas F.Geiler,Director
q'Ar163 p. Building Division
Elbert C Ulshoeffer,Jr. Building Commissioner
367 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
MEMORANDUM
DATE: September 20,2000
TO: Robert Smith,Town Attorney
FROM: Elbert C.Ulshoeffer,Jr.,Building Commissioner
REGARDING: Letter from Edwin E.Taipale,Attorney,dated September 14,2000
Subject 259 North Street,Hyannis
Would you please review and respond on the issues raised in the above mentioned letter. I have attached
copies of the September 13,2000 letter from Building Commissioner Crossen and the relevant special
permit.
A response by September 25,2000 would be appreciated.
enclosures(4)
g000920a
dF
The Town of Barnstable
• =ARNBTABI.E, • .
�� Department of Health, Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
February 14, 1996
Mr. Stuart Bornstein
297 North Street
Hyannis, MA 02601
Re: Site Plan Review No. 13-96
Bornstein.
259 North St., Hyannis
Proposal: Intensification of use.
Dear Applicant:
In reviewing the above referenced site plan, the attached comments and
requirements have been submitted by the Site Plan Review staff. These
comments should be addressed as soon as possible and please be advised
that more comments may be forthcoming.
Any additional or revised material should be submitted as soon as
possible to allow adequate time for staff review.
Respectfully,
a 0,,�
Carol Ann Ritchie
Site Plan Review Coordinator
enclosures (4
s01091b
I .
Town of Barnstable
Planning Department
Site Plan Review Comments
file W 13-96.doc
February 12, 1996
SPR-13-96 Bornstein, 259 North Street, Hyannis, 308/073-2.
Proposal: Intensification of use.
Zoning History
Appeal No. 199245. The Applicant sought a Variance to bulk regulations(max. height)and parking
requirements. The request was denied. There was issue of using the attic as usable office space.
Apparently the original Special Permit(1985)was never clocked in and there remains questions about it's
validity.
Appeal No. 1994-56 requested a Special Permit for a reduction of parking for an existing structure and a
new one. It was granted with I l conditions which include:
1. reduction of parking spaces to 47...
2. the relief be granted to the existing 14,244 sq.ft.three level structure(basement and 2 floors above
ground)and for the proposed 8,000 sq.ft one level structure...
3. use of all structures be limited to office use only but no banks or medical offices and that the existing
three level structure be limited to a max. of three office suites and the other building be limited to one
suite,
4. no more division of the lot,
5. max height of the smaller structure be 13 feet...
6. Applicant shall design and reconstruct a 5-foot wide concrete sidewalk with brick trim between the
proposed structure and the public lot,
7. complete the curbing...
8. landscape the"knock-out"area...
9. Submit landscape plan to Site Plan Review before a Building Permit...
10. Applicant be responsible for maintenance of all landscaping...
11. Applicant shall encourage lessees to carpool...
Later,the Applicant applied for a Variance to Building height in Appeal No. 1994-108 and was denied.
The Applicant was requesting a Variance to use the third story.
Questions/Comments:
The Applicant must apply,again,for a Variance to the height restrictions.
Have the conditions of Special Permit 1994-56 been complied with? It appears that the new 1-story
structure has not yet been constructed and therefore may invalidate the Special Permit. The Special
Permit was valid for 1 year from the date July 1994 . This could also be considered a repetitive petition
for the Zoning Board of Appeals.
What is the Applicant's plan for the vacant property where the one-story building was supposed to be
constructed?
1
I
Ritchie Carol-Ann
From: Marcello Tom
To: Ritchie Carol-Ann
Subject: 259 North St. SP#13-96
Date: Tuesday, February 13, 1996 8:49AM
Is an as-built plan available showing existing parking and ingress/egress configuration?
Page 1
Ritchie Carol-Ann
From: McKean Thomas
To: Ritchie Carol-Ann
Subject: SP#13-96/Bornstein
Date: Friday, February 09, 1996 2:52PM
-Will additional dumpsters be placed on the property? Please show all dumpster locations on the plan.
Page 1
TOWN OF BARNSTABLE =7,?6
BARNSTABLE. OFFICE OF TOWN ATTORNEY
MASS. eg 367 MAIN STREET
rEclw�+� HYANNIS, MASSACHUSETTS 02601-3907
ROBERT D.SMITH, Town Attorney
RUTH J.WEIL, 1st Assistant Town Attorney September 26, 200 / 705
T.DAVID HOUGHTON,Assistant Town Attorney p CLAIRE R.GRIFFEN, Legal Assistant
THERESA M.CAHALANE, Legal Clerk �b _
Elbert C. UlShoeffer, Jr., Building Commissioner ,
Town Hall , 367 Main Street
Hyannis, Massachusetts 02601
Re: 259 North Street, Hyannis
Dear Mr. Ulshoeffer:
I have reviewed the package you have forwarded to me relating to the
above property. Understanding, as I do, your need to get a rapid response to
your inquiry, I am forwarding this to you as a brief letter response, rather than as
an elaborate legal brief.
First, I do not believe that the rights granted under the special permit have
become vested as a result of the use of the parking lot since the special permit
was issued in 1994. The special permit was for an Intensified level of parking
use explicitly resulting from the construction of a new building which has never
been constructed. Therefore, the use for which the special permit was granted
has never occurred, so this methodology of reasoning that the rights have
become vested simply does not work.
The other method of claiming vesting under the special permit would be to
establish that construction commenced within one year of the grant of the permit
and proceeded continuously until completion. It is, of course, a fact issue which
you must determine from a review of the site and all relevant documentation as
to precisely what has been built pursuant to the issuance of the 1994 special
permit. Furthermore, it is your determination, in the first instance, has to just
what construction may be relevant to the special permit, in the event that
different types of construction are involved. For example, the special permit in
question calls for construction of two distinct types of facilities: the parking lot
and its amenities itself; and the associated building. It would be a matter of
interpretation within your discretion if only one or the other of these types of
construction had been undertaken and completed, to determine that the rights
under the special permit had become vested. Obviously, however, if neither the
parking lot amenities nor the building had been completed within the one year
time period, the rights under the permit would have lapsed.
trust this is responsive to your inquiry to me. If not, please be in touch
for further discussion, elaboration and clarification.
erely you ,
cc—sz
��robert D. Smith
Town Attorney
Town of Barnstable
Planning Division
Follow Up Staff Report 4
Thomas A Broadnck,Director ;
Planning,Zoning&Kmric Pmservacon
Appeal 2004-39 - Chaturvedi
Special Permit- Section 3-2.3(3) Conditional Uses Medical Office _
Date: July 67,2004
To: Zoning Board of Appeals
Art TraczA Principal Planner
Petitioner: Dr.Rahul Chaturvedi d/b/a Nuspeech Communication Corp.
Property Address: 259 North St.
Assessor's Map/Parcel: Map 308,Parcel 073-002
Zoning: 0-2 Office Zoning District
Follow-up Review-Past Pemuts:
At the March 03,2004 opening of this appeal,the Board questioned the use of the."attic"space citing that
prior decisions had ruled that the space was not usable in that it violated maximum building height in terms
of the number of stories.
The subject structure is a four level building consisting of a partly-exposed basement, a first level entry floor,
a fu1T second level above that and a 2,400 sq.ft., attic space above that second level. The Building was
originally built in 1978`as the"Williams Building"when the area was zoned B-Business. At that time,
Section 3-3.1 (5)Bulk Regulations for the B District permitted a maximum building height to plate of 30
feet' or"two(2)stories,whichever is lesser".'The Board should note that at that time all commercial zoning
districts were limited to two stories with the exception of multi-family structures that permitted a third level
half-story as per Section 3-3.1 (1) (I)Multi-family dwellings(apartments).
In 1992,the applicant requested in Appeal 1992-45 a variance to utilize the"attic"space for office use,and a
variance to permit a reduction in parking. That appeal did not carry and the appeal was denied.
Then in 1994, the applicant requested three forms of relief. Appeal 1994-56 sought to construct a second
8,000 sq.ft. one-story building on the property and a reduction in the required on-site parking for both the
new and the existing building on the property. The second Appeal 1994-108 sought a variance to the
Maximum Building Height for the existing structure(the Williams Building) seeking to permit the existing
2,400 sq.ft., attic space to be usable. The third Appeal 1994-109 sought a special permit for the reduction of
parking requirements for that attic space.
The Board granted Appeal 1994-56 for a special permit to reduce the parking for both the existing building !
and the proposed new building. In issuing that appeal,the Board clarified in Condition Number 2 that"The
relief is granted for the existing 14,244 sq.ft.,three level structure(basement and two floors above ground)
-and for the proposed 8,000 sq. ft. one level structure".
1 The issue of the building height in terms of feet to plate appears to have been resolved in Appeal 1992-45 as per a September 9,
1992 letter from Weller&Associates stating that the height to plate is 28.2 feet.
jl
Planning Division-Staff Report
With respect to.the request to use the attic in Appeal 1994-108,that appeal was not granted by a minority!
vote,finding that to permit three stories would not be in keeping with the spirit and intent of the Ordinance. ,
The third Appeal 1994-109 was withdrawn as relief from parking as required for the attic space would not be
needed. Its use being denied in the prior two appeals.
An Appeal 2001-107 provided for a Modification of Special Permit 1994-56 allowing for a second office
suite to be created within the 8,000 sq.ft.one-story structure.
The Board should note that in Appeal 1994-56 Condition Number 3 specifically limits the use of the
structures to that of professional offices only not including banks or medial office. That condition reads:
"The use of all structures is limited to office use only and shall not include banks or medical offices.
The existing three level structures shall be limited to a maximum of three office suites and the single
level structure to one office suite."
Summary:
It appears that the existing Nuspeech Communication Corp.,being a medical use would not be permitted
under the special permits issued. Use of the"attic"space in the building also appears to be an illegal use of
the structure.
In addition to the above information,the Board must note that the area was rezoned to 0-.2 Office 2 Zoning
District in July of 2001'r That district permits medical uses only as a Conditional Use by special permit from
the Zoning Board of Appeals. The Bulk Regulations now imposed for the 0-2 district are 2 and Y2 story
structures and a Maximum Floor Area Ratio of 0.4. The ratio for this 0.85-acre lot translates to maximum
gross floor area including the basement area of 14,810 sq.ft. The lot is already built out to 23,389 sq.ft.,
exceeding the permitted floor area by 8,579 sq.ft. The 1994-56 special permit grants relief for required
parking to allow the structures to be occupied by offices. The zoning district still requires parking and
permits 1994-56 &2001-107 are still needed for occupancy of the buildings.
2
Planning Division-Staff Report
Copy of March 03, 2004 Minutes
Appeal2004-39 Chaturvedi
Dr. Rahul Chaturvedi d/b/a Nuspeech Communication Corp., has applied for a Special Permit in accordance
I
ith Section 3-2.3(3) Conditional Uses for.the expansion.of an existing Medical office. The subject property
is located as shown on Assessor's Map 308,.Parcel 073-002 addressed as 259 North Street, Hyannis, MA in
an 0-2 Office Zoning District.
Board members assigned: Randy Childs, Jerry Gilmore, Gail Nightingale, Sheila Geller, Acting Chairman, Ron
S. Jansson
Attorney Edwin Taipale representing the applicant Dr. Chaturvedi. He explained the property as being
rezoned in the 0-2 office district. Dr. Chaturvedi is a tenant in the building, he operates business as
Nuspeech Communications. He and his wife are medical Dr.'s and they see patients at the office and they
conduct other business at the premises. They want to install additional medical equipment and exam rooms
on the 3rd floor.
Jansson thought this was a 2 story building and the 3 d floor was illegal from a prior decision.
Ralph Crossen former building inspector gave an occupancy permit, it is in file. Copy of decision that was
granted is also in file from 1994.
Jansson.read from the 1994 decision where the top floor was denied. That was part of the granting of that
permit, denying the use of the 3`d floor.
Traczyk read the finding from decision 1994-56 pertaining to this situation: use of the attic space shall be
limited to mechanical use and shall not be designed to be habitable. Together with decision number 1994-
55.
Jansson suggested they review.the records and come back and possibly ask for a withdrawal without
prejudice.
Gilmore brought up the medical use and that was also discussed.
Mr. Chaturvedi is a good tenant since 1999 would like to keep him stated Taipale, Would like to utilize the
one-story building for medical use.
Jansson again suggested going over the records.
This matter was continued to May 26, 2004 and to July 7, 2004
3
Town of Barnstable T t f F R .
BARNS �_C_
Zoning Board of Appeals - _ . t:A:�jS.
variance - Height Restrictions •92 OCT 22 P 3 N
Decision and Notice
Appeal No. 1992-45
Summary: Denied
Appeal No. 1992-45
Applicant: Stuart Bornstein Trust
- Two Fifty-Nine North Street Real Estate Trust
Address: One Financial Place; 1297 North Street, Hyannis,
MA 02601
Property Location: 259 North Street, Hyannis, MA 02601
Assessors Map/Parcel: 308/073-2
Zoning: B = Business
Property Owner: Stuart Bornstein Trust
Applicants Request: variance to Bulk Regulations, Maximum Height of
Building (two (2) stories) , and Parking
Requirements if Applicable.
Activity Request: To permit offices on a third floor area within
an existing office structure.
Procedural Provisions: Section 5-3.2(3) variances, MGL Chapter 40A
Section 10
Background:
This decision concerns the petition submitted by to the Zoning Board of
Appeals for a variance to allow the occupancy of the upper level of a building
for office use. The zoning district restricts buildings to 30 feet or two (2)
stories, whichever is lesser.
At present, the structure has three levels identified as "Basement, First
Floor, and second Floor" on the plans submitted. The top level, identified as
an "Attic" with dormers, is the level he is seeking to use for office by ,this
variance. That level is located under the roof structure and above the roof
plate.
The structure located on North Street abuts a Town-owned parking lot.
originally known as ,the "Williams Building" it was built in 1978 and was the
only- one. (1) structure of• three (3) proposed to have been built:
Procedural Summary:
The application was filed in the office of the Town Clerk and at the Zoning
Board of Appeals office on ,Tune 17, 1992. A public hearing, duly noticed
under M.G.L. chapter 40-A, was opened on July 09, 1992 and continued to the
meetings of August 13, September 10, September 24, and to October 08, 1992.
At the meeting of September 24, 1992, the Board closed its hearing and a
Decision and Noticd
Appeal No.- 1992-45
decision of the Board was finalized at the October 08, 1992 meeting.. During
this period the applicant and Board twice extended the required time limits by
thirty (30) days for the filing of the decision, first on August 26 and a
second on September 11, 1992.
The petition was heard by Board Members: Gail Nightingale, Richard Boy, Luke
Lally, Wayne Brown and Chairman, Dexter Bliss. During the proceedings,. the
applicant was represented by Attorney Douglas Murphy. Stuart Bornstein
representing the Trust. was also present.
At the opening of the Public Hearing on July 09, 1992, the applicant, through
his attorney, ..submitted a letter dated July. 08, 1992, a copy of which is in
the file, requesting a continuance of. the proceedings to August 13, . 1992. The
Board honored the request and notified a representative of the appeal, Aaron
Bornstein that Site Plan Review Committee should review a site plan of the
subject property. This Variance request was viewed by the Board, as an
expansion of use within the structure and would require review in accordance
with Section 4-7.3(3) of the Zoning ordinance.
At the Hearing of August 13, 1992, attorney Murphy presented the petition. He
gave a brief history of the site development citing that the development was
in possession of a Special Permit for the reduction of required on-site
parking issued in accordance with the 1987 Zoning Bylaw which granted the
issuance of special Permits for reduction in parking to the Board of
Selectmen. He presented a copy of that Special Permit titled "Exhibit B". A
copy of which is in the file.
Attorney Murphy also presented an illustrated concept plan for the layout of
the Town Parking lot and showing in plan the 259 North Street Building, the
subject site of this appeal. He provided the figures that the fully developed
site was for 24,400 sq.ft. of business/office space in three buildings and
that the one structure built was 18,000 sq.ft. in gross area. The applicant
is proposing that if the top floor, an existing "attic space", is permitted an
additional 900 *sq.ft. would be available in the built structure for office
use. Attorney Murphy went on to discuss a plan titled Site Plan of Land for
the proposed parking layout, prepared for Stuart Bornstein" and dated
September 08, 1992 by Weller and Associates. This plan proposed the
combination of the two unbuilt buildings into one structure.
Attorney Murphy discussed the cooperation between the Town of Barnstable and
Mr. Bornstein that had evolved during the preceding months to initiate
improvements to-the Town-owned North Street Parking Lot.
The Board presented several concerns to the applicant and his attorney. The
Board questioned the height of the existing building, the need for an approved
site plan, an explanation as to how four exposed levels now exist within the
building and how that complies with existing zoning ,which limits buildings to.
two (2) stories, and the amount of required parking.by the additional floor
area will be utilized. Questions were also raised as to the location of the
50 parking. spaces that the applicant was to have developed on his property as
a part of the special Permit apparently issued by the Selectmen. They also
questioned the validity of the special Permit.
i
Decision and Notice
Appeal No. 1992-45
1.
The Public was invited to speak, and no one spoke in favor or in opposition.
The Board continued the hearing until September 10 to seek additional
information on the questions raised.
At the meeting of September 09, 1992, Joseph DaLuz, the Building commissioner,
submitted a memorandum addressing the Boards questions and concerns for the
height and development of the building. Mr. Daluz stated that there is no
zoning violation, and that the certified Plot Plan meets all of-the-
provisions. He discussed the issuance of the selectman's 1985 special Permit
a for reduction in parking. _
The Board questioned why it is referred to .as two-story building when it
visually -appears to be four (4) stories .- four levels of windows are visible
outside and four full height levels exist inside. The Building commissioner
remarked that the state Building code permit a first and .second floor, with an
attic and a basement, therefore two (2) floors.
The applicant submitted a letter dated September 9, 1992 from Weller &
Associates who have measured the height of the building in question and found
it to be 28.2' from the average grade to the top of the plate (as approximated
by the bottom of the existing gutters) .
The Board questioned if the project is complete to the satisfaction of the
apparent agreement with the Town for a reduction in parking. The Building
commissioner responded "no" in that buildings B and c are not constructed.
The Board- requested Attorney Murphy address those conditions that would,
warrant the granting of this special Permit. Attorney Murphy cited the .
uniqueness of the property is established by:
1. The fact that it abuts 570, of a public parking lot.
2. The lot is long and narrow.
3. The property has been foreclosed on.
4. Building requirements (handicapped bathrooms and access) have
changed and now place an economic hardship in operating this
building.
The meeting was adjourned and the proceedings continued to September 24, 1992
and October 08, 1992. At that time the Board members reviewed particulars of
the case and voted on findings. .
Finding of Facts:
Based upon the evidence submitted and testimony given, The zoning Board of
' ."r . Appeals found two sets of facts as related to Appeal No. 1992-45.
The first .series of facts were found to be favorable to the appeal; they are:
} 1. The applicant has purchased a building that was in existence and
that appears to have the benefit of an agreement with the town
through its past Board of selectmen for the reduction of parking.
2. The applicant has made good faith efforts to fulfil the requirements
of the special Permit for the reduction in parking through improved
Decision and Notic6
Appeal No. 1992-45
pavement, -re-stripping and landscape improvements to the public
parking lot.
3. The applicant has offered to delete one of the three buildings from
his future plans in exchange for the- permitted use of the existing
attic space within the present developed structure.
4... 'The applicant has a hardship in that handicapped access is required
and. that requirement has lead to a reduction in the usable floor
area of the building.
5. The adjacent public. parking. lot is under-utilized by the fact that
25% -of the available parking spaces are commonly vacant. .
6. The addition of 900 sq.ft. of usable space at the location would
not present a detriment to the surrounding neighborhood.
7. The use of the building as offices is consistent with the permitted
uses in the area.
8. The town's Department of Public works has developed the plans for
improving the town's parking lot.
The vote on the first set of fact was as follows:
Ayes: Wayne Brown, Luke Lally and chairman, Dexter Bliss
Nays: Gail .Nightingale and Richard Boy
The minority vote made a second set of findings as follows:
1. To grant a Variance, MGL Ch. 40A Section 10, requires that the
applicant document those ,circumstances related to the soil
conditions, shape, or topography of the land or structures and
especially affecting that land or structures but not affecting
generally the zoning district in which it is located." The
applicant has not documented that unique Variance Conditions exist
for this lot nor for the building located on the lot.
A narrow lot, presently developed with a 28 or 29 foot high
structure of 18,000 sq.ft. and potentially expandable to 28,000
sq.ft. - as implied in testimony given - and that utilizes, what the
applicant terms - an exposed basement floor, a first floor and a
second floor, does not constitute conditions to grant a Variance to
the height regulations of. 30 feet or 2 stories (whichever is less)
as established in the district to permit occupancy of a third floor
or attic which in reality constitutes a fourth level to the
structure
The fact that the attic exists is not a unique condition that
justifies granting its occupancy. when built in 1985786 it was
clear that occupancy of the attic space would not be permitted.
The fact that the building has an elevator and handicapped
accessible bathrooms is not unique to that structure only.
Handicapped bathrooms are standard to all commercial and business
Decision and Notice
Appeal.No. 1992-45.
. ..... .. ...
establishments. The elevator and accessible bathrooms do not
constitute a unique condition for granting a Variance.
2. Serious flaws exist in the Special. Permit issued by the three member
Board of Selectman on August 8, 1985, and in accordance with the
1985 .Zoning Bylaw for the reduction of .required parking.
MGL Ch.. 40A - section 9 .requires that "a copy of the special Permit
shall be filed within fourteen days from date-of decision in the
office of the town clerk". The special Permit Decision and Notice
presented has :no date of filling with the Town clerk's office as
required. , A certified.copy of that special Permit by the Town Clerk
or by the Register of Deeds has not been submitted.
Furthermore, section 9 also requires that "a unanimous vote of a
three members board" is required for a special Permit to be issued.
The special Permit presented contains only two signatures and not
three as required. The document does not contain an itemization of
the votes as cast. These issues bring into serious question the
validity of that special Permit for Parking.
3. If there should exist a valid Special Permit issued by the Board of
Selectman on August 8, 1985, for the reduction of required parking,
questions exist if that permit is valid today.
The Town of Barnstable zoning ordinance, section 5-3.3 states that
Ilk Special .Permit shall become- void twelve months from the date of
issue unless .any construction work contemplated_ thereby shall
commence and proceed in good faith continuously to completion."
It has been over 7 years since the special Permit was issued and the
plans for development of the site approved. with regard to the 1985
approved plan, only one of the three proposed structures are built
and most of the lot remains unimproved. It has been shown that for
several years the site and building laid idle without development
proceeding towards completion. It was not until 1992, when the
present applicant gained possession, that any activity proceeded
towards honoring those commitments made in the implied 1985 special
Permit, commitments that should have been completed by August of
1986. The applicant has not substantiated that the 1985 special
Permit, if properly issued, remains valid today and hid not expired
years ago.
4. Section 4-7.3 of the Zoning ordinance requires that Site Plan Review
is applicable when "any expansion or modification to an existing
structure or any change in use which would necessitate additional
off-street parking." . That requirement has, not be fulfilled by' the
applicant. .
The applicant, from his own testimony, has cited that 900 additional
sq.ft. are to be utilized in the structure. This footage was not
originally accounted for in the 1985 development plans. The
additional footage necessitate that a minimum three additional off-
street parking spaces be provided. This triggers the need for an.
Decision and Notice
Appeal No. 1992-45
approved Site. Plan reviewed-by .the Site Plan Review Committee for
the development site.
The applicant was instructed and required to. see Site Plan Review
g
hearin
g. What the
at the August 13 opening of the public h g
Committee g P
Board has been given as fulfilling that obligation was the plans for
the layout of the public parking lot on North street, titled "Town
of Barnstable Plan of North street Parking" and dated June 92.
.This plan- is for the town owned land adjacent to the locus of this
appeal. . site .Plan Review Committee did not review or approve the
subject site of this appeal - the 259 North .street locus. This is.
unacceptable.and does not meet the requirements of the Town of
Barnstable Zoning ordinance.
The vote on the second set of fact was as follows:
Ayes: Gail Nightingale and Richard Boy
Nays: Wayne Brown, Luke Lally and Chairman, Dexter Bliss
Conclusion:
Accordingly, based upon findings, a motion was duly made and seconded that
Appeal No 1992-45 be granted with the following conditions;
1. the applicant complete within one (1) year all of his on-site
parking that is illustrated on his original plans for the
development, and
2. one (1) of the building not yet built is to be eliminated and that
area developed for parking.
The vote was as follows:
Luke Lally and Chairman Dexter Bliss
Wayne Brown ,
Ayes: Way , y
Nays: Gail Nightingale and Richard Boy
Order:
A special Permit require 4 ayes of a 5 member Board to carry. Appeal No 1992-
45 having only 3 ayes is denied. Appeals of this decision; if any, shall be
made pursuant to MGL Chapter 40A, section 17, and shall be filed within Twenty
(20) days after the date of the filing of this decision in the office of the
Town Clerk.
Any person aggrieved by this decision may. appeal to the Barnstable
Superior Court, as described in Section 17 of Chapter. 40A of the
-. General Laws of the Commonwealth of Massachusetts by bringing:.an
action within twenty days after the decision has been -filed in the
office of the Town Clerk.
airman
Clerk of the Town of Barnstable,
Barnstable County, Massachusetts, hereby certify that twenty (20) days
have elapsed since the Board of Appeals rendered its .decision in the
above entitled petition and that no appeal. of said decision has been
filed in the office of the Town Clerk.
Signed and Sealed this day of 19 under the
pains and penalties of perjury.
Distribution:
Property Owner
Town Clerk Town Clerk
Applicant
Persons Interested
Building Inspector
Public Information
Board of Appeals
_._.-- ---- ---- --'--
- - Town Of Barnstable _ ...
zoning Board of Appeals
Decision and Notice
Special Permit Reduction of Required Parking
Appeal No.' 1994-56
Summary Granted with Conditions
Applicant 259 North Street Real Estate Trust
Address: 297 North street, Hyannis, MA 026,0
Property Location: . . 259 North .Street,. Hyannis, MA,
Property Owner: Stuart 297 North Trustee1 U 14.
Address: , Hyannis,, MA 0260
Assessor Map/Parcel: 308-073.02 0.85 acres
Zoning: Business B District
overlay District: AP - Groundwater Protection
Request: Special Permit for Reduction in parking for an
existing structure and for a proposed new structure.
Development Activity: To add a 40 ft. by 200 ft. one story commercial office
building (8,000 sq. ft. gross floor area) to the site
that has an existing office building (with 14,244 sq.
ft. of floor area) and for which a variance is sought
to permit the attic to be usable (2,400 sq.ft.) .
Procedural Provisions: section 5-3.3 special Permit
Background Information:
The locus is on the south side of North street between sea Street Extension
and Basset Lane, Hyannis and is adjacent to the Town of Barnstable North
Street/Basset Lane Parking Lot. The applicant is requesting a special Permit
for the reduction of required on-site parking for the entire project site.
Procedural Summary:
The application was filed in the Town Clerks office and the zoning Board of
Appeals on May 2, 1994 and a public hearing was duly scheduled and opened at
the zoning Board of appeals meeting of June 22, 1994.
The petition was heard by Board Members T. DeRiemer, D. Bliss, E. Nilsson, R.
Jansson and Chairman R. Boy.
ZBA' meeting of June 22, 1994:_
Mr. Bornstein representing himself is requesting a special .permit for the
reduction of parking. This site presently has two building foundations in
addition to the existing building. The two foundations were originally for
buildings of two stories each. They have sewer, water and electricity. The
proposal is to down size the original plans to one story instead of two and
merge the two foundations into one new building plot.
' 1
Decision and Notice �Arpeal No. 1994-56 �}
'special Permit - Reduction of Parking: Bornstein
- :.._.. ..
Mr. Bornstein explained that he has a financial company who wants to rent and
would definitely provide 25 good paying jobs.
Arthur Traczyk commented that the existing building (previously so-called
Williams Building) is part of the total project. The previous special Permit
for reduction of parking for the original project had questions. as to
validity; and he, Mr Bornstein, is trying to make the new total proposal,
including the request for parking reduction, completely valid now.
Mr. Bornstein said he would -withdraw his right to have a second story on the
new proposed building and. would allow a condition of only one tenant.
Regarding the issue of landscaping Mr. Bornstein said that he- had already
given the town $10,000 dollars for site improvements to redesign and add .:
parking and landscaping.
Public Comment was then invited. Joseph Chili, a landlord, tenant and
merchant on Main Street spoke in opposition citing problems with parking.
understanding that Mr. Bornstein would utilize the public parking lot to
accommodate his overflow cars Mr. Chili said that the town lot had been slowly
given away by the town and there was no more room to give. He informed the
Board that a car dealer and tour busses also use it.
Jeff Taylor of Cellar Leather and Pam Chapel of Common West both spoke in
opposition citing the same reasons as Mr,. Chili.
Mr. Bornstein's rebuttal was that merchants may be short sighted. He again
reiterated about the year; round.jobs that would be provided and reminded the
shop owners that people with good jobs bhuy'more merchandise on their lunch
hours and after work. He stated that offices let out at 5:00 PM and would ,not
interfere with the tourists who frequently come after dinner to walk on Main
street.
Mr. Jansson reminded Mr. Bornstein that -be needed a total of 79 parking spaces
not 30. Mr. Bornstein said he was allowed 80 spaces.. He originally had 52 or
53 on his site and when he paid the town to redo the parking lot it was
partially supposed to go for the right to use an additional 30 town parking
spaces.
Mr. Jansson reminded Mr. Bornstein that the permit that he was referring to
was granted by the selectman's office and had not been recorded and therefore
was in question as to validity.
Mr. Bornstein commented that the only major issues site Plan Review has is the
e plan and the dum ster location, and that until the Board of Appeals
ca P
landscape p
resolves the parking reduction issue he can't go forward with the final
concept drawings, after which he needs detailed architectural plans. He is
willing to grant what ever the Board wis'bes - just make it a condition.
R. Jansson noted that the site Plan Review Committee has addressed a letter to
this Board dated June 16, 1994 in which there are 'several concerns to be
addressed tomorrow. Impact on senior citizens Housing, adequacy of dumpster
area, potential use of the attic space, clarification of relationship of this
project and the town parking lot, walkway, landscape, sprinkler main location.
Decision and Notice - Aipea )o. 1994-56
Special Permit - Reduction of Parkincr: Bornstein.
Mr. Bornstein is to submit additional documentation regarding these things
tomorrow at the site -Plan review Meeting.
Art Traczyk additionally noted that the Legal Department may need to look at
the easements .over the town land to get to the back (south end) of Mr. .
Bornstein's property where there is additional on-site parking.
Chairman Boy, due to unresolved issues and the pending Site Plan Review .
action, postponed this hearing until July 6-at 7:15 PM
ZBA Meeting of July 6, 1994:
As Mr. Jansson was not in attendance, Chairman Boy told Mr.. Bornstein that
they would continue and in the event that the missing vote impacted Mr.
Bornstein's appeal negatively, then they would continue this hearing until Mr.
Jinsson could attend. Mr. Bornstein agreed.
A letter from Arthur Traczyk was read into the record (see file) for updating
information. Essentially it summarized Site Plan Review resolution of most
issues and that final detailed approval of landscaping is recommended to be
with site Plan Review, if this appeal is granted, and that the building would
be limited to office space only.
E. Nilsson responded that there should be a condition regarding liability and
adverse possession on the public landscaped land that Mr. Bornstein will
maintain.
A. Traczyk advised that a condition might be imposed that the Town Attorney
review this aspect of the decision should it be granted.
Findings:
A motion was made and seconded to accept the following finding of facts:
1. The applicant• has offered to reduce the development intensity on a lot
that presently has two foundations capable of having an additional
10,000 sq. ft. of floor area to one building of 8,000 sq. ft. gross
floor area.
2. The property abuts to the east the North street public parking lot which
is under utilized for most of the year.
3. The two foundations were in place prior to the applicant's purchase of
the property.
4. in this Zone (Business B District) it is common for retail stores and
offices adjacent public parking to use that fact. as a basis for
requesting a reduction of zoning required parking requirements.
5. Applicant has already contributed to the town in excess of $10,000 to
redesign and landscape the parking lot to which these buildings abut.
6. in granting this permit it would not be substantially detrimental to the
neighborhood nor in contravention of the spirit or intent of the zoning
ordinances of the Town of Barnstable.
3
Decision and Notice Ldeal No. 1994-56
Special Permit - Reduction of Parking: Bornstein
VOTE:
AYE: T.. DeRiemer, E.• Nilsson, D. Bliss and Chairman Boy
NAY: None.
Conclusion:
Accordingly, based upon the findings and the evidence presented to the Board,
a motion was duly made and .seconded that Appeal No. 1994-56 for a special
Permit according to section 4-2.8 - Reduction in Parking, and section 4-2.7
Parking Requirements, be granted with the following conditions:
1. That a reduction of 47. parking spaces from the zoning required 79 on
site parking spaces to-32 on-site parking spaces be permitted.`
2. That the relief is granted for the existing 14,244 sq. . ft. three level
structure (basement and two floors above ground) and for the proposed
8,000 sq. ft. one level structure; and that the layout of the structure
shall be as proposed in the plan entitled, "Drainage Improvement Plan
for the Proposed office Building -at 259 North street" prepared for
Stuart• Bornstein dated March�23, 1994,. revised April 26, 1994.
3. That the use of all structures is limited to office use only and shall
not include banks or medical offices; and that the existing three level
structure shall be limited to a maximum of three office suites and the
single level structure to one office suite. .
4. That there shall be- no further division of the lot.
5. That the maximum height of the new structure shall be 13+- feet as
measured to plate; and that the use of the attic space shall be limited
to mechanical only and shall not be designed to be habitable.
6. That the applicant shall design and reconstruct a 5 foot wide concrete
sidewalk with brick trim between the proposed structure and the public
parking lot, linking the parking lot with Main street and North street.
7. That the curbing on the edge of the public parking lot -as it abuts the
applicants property will be completed, inclusive of handicapped access
curb cuts.
8. That the design and implementation of the development of a landscape
plan within the area defined as the "knock-out,* area with sod and a
minimum of five two inch caliber shade trees.
9. That the landscape plans for the overall . site and inclusive of the area
of the recreated sidewalk and knock-out area shall be submitted to site
Plan Review: Committee for their final approval prior to seeking a
building permit; and that all items proposed shall be completed to the
satisfaction of the Department of Public works prior to issuance of the.
occupancy permit for the new 8,000 sq. ft. structure.
10. That the applicant shall be responsible for the maintenance of all
landscaping and walks located from the curb of the parking lot to his
property; and that maintenance and use of the public spaces shall not in
4
i
Decision and Notice Areao. 1994-56
-Special Permit - Reduction of Parking: Bornstein
—---"any way indicate-that 'the applicant could--;at --any time now or in the
future claim ownership of the property from the town.
11. That the applicant shall encourage .all lessees to develop and coordinate
car pooling for its workers and encourage employee use of the bicycle.
SECOND: T. DeRiemer
VOTE:.
AYE:- T. DeRiemer, E. Nilsson, D. Bliss and chairman Boy
NAY: None
order:
Appeal No. 1994-56 for a special permit.is granted with conditions.
Appeals of this decision, if any, shall be made to the Barnstable Superior
court pursuant to MGL Chapter 40A, section 17, within twenty (20) days after
the date of th -_IIIk9 64 this decision in the office of the Town Clerk.
• - - 01744-2f Apr:
Richard Boy, % airman Date signed
I Linda .Leppanen, Clerk •.of the Town of Barnstable, Barnstable .County,
Massachusetts, hereby certify that twenty (20) days have elapsed since the
Zoning Board of Appeals filed this decision and that no appeal of the decision
has been filed in the office of the Town Clerk.
signed and sealed this day of 19a under the
pains and penalties of perjury.
rK,
Lin a Lep en, Clerk
copies: Building Commissioner
site Plan Review
Board of Health
Hyannis Fire Department
zoning Board of Appeals file
5
ERROR IN SCRIPT
Town of Barnstable
Zoning Board of Appeals
Appeal No. : 1994-55 Variance
Decision and Notice
DATE: July 19, 1994
Regarding the above referenced, -.please be adrls__`e`ii2.. h� the file
number related to this case.. is . 1994-55 an hnft 1,9 A-56 . 1994-54
as stated 'on the original Decision and .Notice. _
'94- Afig P432 .
Diane D. Kentfield, Se, retary
Zoning Board of Appeals
own.of Barnstable --.
Zoning Board of Appeals
E 1�
Decision and Notice
Appeal Number 1994-108
Variance; Bulk Regulations;.Maximum Building Height.
Summary Denied -
Petitioner: 259 North Street Real Estate Trust
Address:. 297 North Street,Hyannis,MA 02601
Owner: Stuart Bornstein,Trustee .
Assessor Map&Parcel: 308-073.02 0.85 acres -
Zoning: B -Business Zoning District.
Request: Variance to Section 3-3.1 (5)Bulk Regulations-Maximum building height of 30
feet,or two(2)stories,whichever is lesser.
Development Activity: To utilize the attic space of approximately 2,400 sq.ft. of an existing structure.
Procedural Provisions:. Sect, 5-3.2 General Powers, Item(3): Variances/Sect.5-3.3 Special Permits
Background Information:
The locus is on the south side of North Street between Sea Street Extension and Bassett Lane,Hyannis.
The zoning district restricts buildings to 30 feet or two(2)stories,whichever is lesser. The existing
structure also abuts the Town-owned parking lot referred to as North Street Parking Lot. Originally known
as the"William's Building"it was built in 1978 and was the only structure of three(3)proposed at that time
to have been built.
At present,the structure has three usable levels identified as"Basement,First Floor,and Second Floor"as
represented on the original plans and as shown on elevations. In addition,the so-called "attic" level is
located under the roof structure and above the roof plate. a petitioner is now requesting a variance for the
use of the top level"attic", and concurrently with the variance,he is also seeking a special permit for the
reduction of required on-site parking related to the"attic"floor only.
The petitioner requested a variance to use the same"attic"floor for office in Appeal No. 1992-45. This
was Denied. A copy of the Decision and Notice is attached. In a related action,the Zoning Board of
Appeals granted a conditional Special Permit No. 1994-56 to the petitioner for a reduction of required
parking to allow the construction of a second office building of 8,000 gross square feet on site.
Procedural Summary:
The application was filed with the Town Clerk's Office on October 20, 1994;and scheduled for a public
hearing before the Zoning Board of Appeals on November 30, 1994. Board members sitting on this appeal
are:Dexter Bliss,Emmett Glynn,Richard Boy,Ron Jansson and Chairman Gail Nightingale.
Stuart Bornstein is requesting to use the third story of 259 North Street as offices. Mr.Bornstein explained
that the building was purchased from Shawmut Bank and was a vacant building shell at the time. He has a
tenant in the bottom floor. He explained that the usable floor space is limited. Because of the handicapped
regulations he has lost a good deal of usable floor space.
Zoning Board of Ap,--)s
Decision and Notice
Appeal Number 1994-108
The Board asked regarding whether or not this was a repetitive petition:- Staff assured the Board that two
years had passed since Oct. 22 1992,denial of a similar request.
Mr.Bornstein said he leased the second floor to a twelve person office. Now he is looking for relief for the
third floor. Financial hardship will ensue if he is not allowed to use it because they still has to heat the top
floor and they pay taxes for the whole building which includes this portion.
He continued that they have 55 parking spaces by special permit,but because of the nature of the building
they don't even have 3,500 square feet of usable space on each floor. Additionally it is a low impact office
without much need for parking. He argued that because so much of the floor space has been used up for the
handicapped bathrooms and enlarged hallways that the parking regulation of spaces per gross square
footage should be re-figured. He claims the Town's parking requirement has not kept up with the State
regulations with regards to handicapped bathrooms and space needs for corridors. Additional arguments.
include the fact that there is a shortage of usable office space downtown and if his this Board grants this .
request it will help in the revitalization of the downtown area.
The Board asked how the progress was coming on implementing of the relief granted in Appeal No. 1994-
56,which was granted for this locus. Mr.Bornstein responded that due to the time for approval in that
request that his perspective tenants backed out. So he is in limbo with that right now.
In concern for the attic space,there would be only about 1,500 feet of actual rentable space. There is
heating and sprinkler up there and it is not finished off. Mr.Bornstein stated that at with that usable office
area the appeal would need only 7 parking spaces instead of 9. He stated that for the second floor of the
building,which has a 12 man office,it required 17 or 18 spaces be allotted but only use 12. So there are 5
available from that floor alone. A similar situation exists for the first floor.
The Board noted that they had already reduced the parking requirements from 79 to 32 on-site parking
spaces.
The Board requested public comment, Charles Curran of 246 North St. spoke in favor for general business
and to attract business to the downtown area is a plus. Ralph Dagwan of Hyannis spoke in opposition
stating that Mr.Bornstein has not been a good neighbor. He added that the Hyannis Civic Association has
expressed its desired to maintain the height restrictions imposed by the Zoning Ordinance.
The Board stated the Zoning Ordinance allows business in this zone but not all have the same parking
requirements and if a medical facility came in at a later date it could create a problem without adequate
parking. This Board must minimize congestion. This Board has already reduced the parking there by 39
spaces. The building has been in existence and was built knowing the upper attic story could not be used.
This applicant purchased that structure knowing this.
FINDINGS:
In appeal number 1994-108:
1. The applicant bought the building three or four years ago and it was already in existence at the time.
2. The applicant has exhibited good faith efforts to fulfill the requirements of the special permit for the
reduction of parking and landscaping improvements made to the public parking lot in a previous
petition.
3. The applicant has deleted one of the three buildings in his plans in Appeal Number 1994-56.
4. The applicant has demonstrated a financial hardship due to laws of handicapped access.
5. The addition of usable space at the location would not present a detriment to the neighborhood.
6. The use of the building as an office is consistent with permitted uses in the area.
VOTE:
AYE: Dexter Bliss,Emmett Glynn,Richard Boy
NAY: Ron Jansson,Chairman Gail Nightingale
2
Zoning Board of Appeals
Decision and Notice
__;...Appeal Number 1994-108 - -- - -. -
DECISION:
In Appeal Number 1994-108 a motion was made by Richard Boy and seconded by Dexter Bliss to grant the
petitioner the requested variance with the following conditions:
1. That the variance is granted for the attic floor area of the existing structure only and shall not be
applicable to any other portion of the property.
2. That all conditions of appeal number 1994-56 be complied with prior to the Building Commissioner's
release of an occupancy pernit for the use of this attic as an office space.
3. The attic office space not be utilized for doctor's offices or medical purposes.
VOTE: :.
AYE: Dexter Bliss,Emmett Glynn,Richard Boy
NAY: Ron Jansson,Chairman Gail Nightingale
The motion to grant Appeal No. 1994-108 with conditions does not carry and is therefore denied.
MINORITY FINDINGS:
In consideration for the negative votes cased,Ron Jansson made the following minority findings:
1. This appeal could have reaching concerns in setting a precedent that is not constant with the Local
Planning Committee efforts and the desires of residents of the downtown Hyannis. Both have
expressed concern that the number of stories not be increased. This concern has also been expressed
by the Town of Barnstable,Town Council.
2. In recognition that this structure was built before Mr.Bornstein purchased it,he certainly did not
produce the-problem with the existence of a third story.
3. To initiate three stories,even by variance granting simply because it exists would be setting a precedent
with major implications with reference to intensity of use and would effecting traffic,overall
congestion,and infrastructure.
4. To grant this variation from the limits of two stories imposed in zoning is not in keeping with the
spirit and intent of the Zoning Ordinance
5. Variance conditions do not exist.
ORDER:
Appeal Number 1994-108 does not carry due to a.split three to two vote. Appeals of this decision,if any,
shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty
(20)days after the date of the filing of this decision in the office of the Town Clerk.
Ig 11�1,qq
Gail ightingale, airman Date Signed
I Li Leppanen, Jerk of the own of Barnstable,Barnstable County,Massachusetts,hereby certify that
twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of
the decision has been filed in Ae office of the 'own Clerk. �/
Signed and sealed this J day o�a— 19 25 under the pains and penalties of
perjury.
Linda Leppanen,Town Clerk
3
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINAL (S)
m ^ �
DATA .
i
Town of Barnstable
t
Zoning Board:of Appeals
- Withdrawn Without Prejudice =`' 14
'
Appeal Number 1994-109
Variance; Bulk Regulations; Maximum Building Height
Summary Withdrawn without Prejudice
Petitioner: 259 North Street Real Estate Trust
Address: 297 North Street,Hyannis,MA 02601
Owner:. Stuart Bornstein,Trustee
Assessor Map&Parcel 308-073.02 0.85 acres
Zoning: - B -Business Zoning District.
Request: Special Permit Section 4-2.8 Reduction of Parking Requirements
Background:
The locus is on the south side of North Street between Sea Street Extension and Bassett Lane,Hyannis.The
existing structure abuts the Town-owned parking lot referred to as North Street Parking Lot. Originally known as
the"William's Building"it was built in 1978 and was the only structure of three(3)proposed at that time to have
been built.
At present,the structurehas three usable levels identified as"Basement,First Floor,and Second Floor"as
represented on the original plans and as shown on elevations. In addition,the so-called "attic" level is located
under the roof structure and above the roof plate. The petitioner is now requesting a variance(1994-108)for the
use of the top level"attic", and concurrently with the variance,for a special permit for the reduction(1994-109)of
required.on-site parking related to the"attic floor only:
The Zoning Board of Appeals granted a conditional Special Permit No. 1994-56 to the petitioner signed on July
14, 1994 concerning a reduction of required parking to allow the construction of a second office building of 8,000
gross square feet on site.
Summary:
The application was filed with the Town Clerk on October 20, 1994;and scheduled for a public hearing before the
Zoning Board of Appeal on November 30, 1994. After Appeal number 1994-108 did not carry due to a split vote,
Mr.Bornstein requested to withdraw this petition without prejudice and the Board granted his request.
Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,
Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk.
G • Nightingale Chairman Date igne
I Linda Leppanen, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty
(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has
e 'been fil6 in the-office of the own Clerk.VA
,
Signed and sealed this %� day of, L,¢t_,Pt. 19_S under the pain's and penalties of a 'u
g ��- y P P P rJ rY•
C11A.�...
yi
Lind eppane wn Clerk
UWWAKA
16196
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal 2001-107—Bornstein
Modification of Special Permit 1994-56
Summary: Granted with Conditions
Petitioner: Stuart A Bornstein
Property Address: 259B North Street,Hyannis,MA
Assessor's Map/Parcel: Map 308 Parcel 073.002
Zoning: Business B Zoning District
Relief Requested&Background
The applicant,Stuart A Bornstein is seeking to modify Condition Number 3 of Special Permit 1994-56. The
applicant seeks to permit two office suites in a building restricted by the permit to one suite. That permit was
issued for a reduction in required.parking. The applicant seeks to establish two office suites where only one is
permitted.
Procedural&Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 28,
2001. An extension of time for holding the hearing and for filing of the decision was executed between the
applicant and the Board. -A`public hearing before the Zoning Board of Appeals was duly advertised and notice
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened September 19,2001,at
which time the Board found to grant the modification condition number 3 of Special Permit 1994-56.
Board Members deciding this appeal were Gail Nightingale,Richard L.Boy,Ralph Copeland,Randolph Childs
and Chairman,Ron S.Jansson.Mr.Stuart A Bornstein represented himself before the Board. He discussed his
desire to modify the earlier permit to allow for two office suites in the building.He noted that the building has
8,000 sq.ft. of gross office area of which 6,000 sq.ft.presently is occupied. The remaining 2,000sq.ft. is vacant.
The building was permitted under Special Permit 1994 56 that restricted occupancy to one suite only. It was
only recently completed.
The Chairman read from the conditions of the special permit issued. He noted that Condition Number 3 stated
that"the single level structure is (limited] to one office suite."
Public Comment
The public was requested to comment and no one spoke in favor or in opposition to the appeal.
Findings of Fact:
At the hearing of September 19,2001,the Board unanimously found the following findings of fact:
1. In Appeal 2001-107,Stuart A Bornstein has applied for a Modification of Special Permit 1994-56 to permit
two office suites in a building that is conditioned for one office suite only. The property is shown on
Assessors Map 308 Parcel 073.002 addressed 259B North Street,Hyannis,MA in a Business B Zoning
District.
2. Then applicant is seeking to modify condition number 3 of Special Permit 1994-56 to permit two.office
suites to be located within the structure.
3. The structure contains 8,000 sq.ft. of gross office space. 6,000 sq.ft.is occupied the remaining 2,000 sq.ft.is
vacant and remains unfinished. There is to be no increase in the area of the building. This is the only
change the applicant is seeking. All other conditions of Special Permit 1994-56 are to remaining force and
effect.
Decision:
Based on the findings of fact,a motion was duly made and seconded to grant the appeal to only modify
the single story structure of 8 000
Special Permit 1994-56 to permit two office suites in mg ry ,
Condition Number 3 of Sp
sq.ft. All other conditions remain in effect as does the first section of Condition Number 3 that restricts the
number of office suites to three within the three level structure located on site.
The vote was as follows:
AYE: Gail Nightingale,Richard L.Boy,Ralph Copeland,Randolph Childs,Ron S.Jansson
NAY: None
Ordered:
Special Permit 2001-107 is granted with conditions. This decision must be recorded at the Registry of Deeds
for it to be in effect. The relief authorized by this decision must be exercised in one year.
Appeals of this decision,if any,shall be made.pursuant to MGL Chapter 40A,Section 17,within twenty(20)
days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk
Ron S. ,Chairman Date Signed
I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that
twenty(20).days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the
decision has been filed in the office of the Town Clerk.
Signed and sealed this C2--Iy of under the pains and penalties of perjury. .
Linda Hutchenrider,Town Clerk
2
Y
E t
Town of Barnstable
Planning Division
Additional Information ,
Thomas A.Broadrick,Director
Planning,Zoning&Historic Pre ration
Appeal 2004-39 - Chaturvedi
Special Permit- Section 3-2.3(3) Conditional Uses Medical Office
Date: July 02,2004
To: Zoning Board of Appeals
Art Traczyk,Principal Planner
Petitioner: Dr.Rahul Chaturvedi d/b/a Nuspeech Communication Corp.
Property Address: 259 North St.
Assessor's Map/Parcel: Map 308,Parcel 073-002
Zoning: 0-2 Office Zoning District
Additional Information Requested:
At the opening of this appeal,the Board requested additional information with respect to past permits
and appeals related to the property. Attached you will find copies of past permits for the property.
Staff hopes to review these decisions before the July 7 hearing and provide a summary of them with
respect to the use of the upper most"attic" level of the building.
Copies: Petitioner/Applicant
Attachments:
q
d' The Town of Barnstable
)6)L s*. : .Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
June 15, 1994
Mr. Stuart Bornstein, Trustee
One Financial Place
297 North Street
Hyannis, MA 02601
Re: Site Plan Review No. 22-94
259 North Street
Dear Mr. Bornstein:
In reviewing the above referenced site plan, the attached comments
and requirements have been submitted by the site Plan Review staff.
Any additional or revised material should be submitted as soon as
possible to allow .adequate time for staff review.
very truly yours,
A fred E,`Martin
Building Inspector
AEM/km
cc: All site Plan Review staff_
Zoning Board of Appeals
enclosures (2)
S940615A
SITE PLAN REVIEW
STAFF COMONTS
SP-22-94
Planning Department
1. Please address status of pedestrian walkway shown on early
versions of the site plan, but not shown on the current version.
2. See enclosure 2
Department of Public Works
1. No additional requirements.
Health Department
1. Due to the dumpster areas proximity to residential units, please
advise how the dumpster will be blocked from the view of the
residents.
conservation
1. No Conservation issues or concerns.
Hyannis Fire Department
1. Clarify specific location of fire sprinkler, water main size,
location and termination. Because of accessible attic space in
this building, the square footage is calculated at 1200 sq. ft.
Historic Preservation Department (community character concerns)
1. No comments submitted.
enclosure 1
Town of Barnstable
Planning Department
------------
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Date: June 13, 1994 [Due 6/10/941
To: Alfred E. , Chairman, Site Plan Review
From: Robert P. ig, Planning irector
Art Traczyk, Principal Planner ✓
Dave Palmer, Assistant Planner &OP,,
Project: Bornstein Office Building, Hyannis
Applicant: Stuart Bornstein, Trustee
Address: One Financial Place, 297 North Street
Hyannis, MA 02601
Owner: 259 North Street R. E. Trust
(Same as Above)
Development Activity To add one 40 ft. by 200 ft. one story
building (8,000 sq. ft. GFA) and to
utilize the attic space of
approximately 2, 100 sq. ft. of an
existing structure.
Assessor Map & Parcel: 308-073.02 0.85 acres
Zoning: . B - Business Zoning District.
Request with complete data: Last Filed June 3, 1994
Background Information:
The locus is on the south side of North Street between Sea Street
Extension and Basset Lane, Hyannis and adjacent to the Town of
Barnstable North Street Parking Lot. The applicant has requested a
.variance- for the use of the attic space (approximately 2, 100 sq. ft. )
and a special permit for the reduction of required on-site parking.
Use of Town Parking Lot adjacent to Project:
a. In certain specific cases the Town has granted a reduction
of required parking to some commercial enterprizes adjacent to or
near town parking areas based upon Section 4-2.8 and pertinent
portion of Section 4-2.7. This has been accomplished through the
Zoning Board of Appeals (ZBA) .special permit procedure.
b. The applicant is requesting such a reduction for this
project and has scheduled a hearing before the ZBA on June 22, 1994 .
c. Existing Research on the Town Parking Lot (Map 308-072) is
attached.
.tea,
J
I`
r
Site Plan Review has been working with the applicant to date:
a. Application Initiated mid March, '94; Determined incomplete.
Letter dated March 17, 1994 with needs for a complete
review. [Assigned No. SP-00-49]
b. Preliminary Presentation at SPR, March 24, 1994: Need
plans and elevations; parking requirement to be discussed.
c. SPR No. 22-94 assigned: Application dated April 4, 1994
d. 2nd Preliminary Presentation with SPR: April 14, 1994: more
info. needed - detailed plans., elevations and section.
d. April 21, 1994: Mtg re legal status of special permit.
e. SPR No. 22-94 Distributed for Comments to Staff - 5/25/94
f. Application Addendum submitted June 3, 1994 [Full Info.
submitted re ZBA Appeals]
Site Plan Review based upon submitted documents-
a. Addendum Application received June 3, 1994' with "attic plan"
attached, the subject of Appeal No. 1994-55, Variance to Bulk
regulations, scheduled June 22, 1994 at the ZBA.
b. "Elevations, Proposed Office Building, 259 North Street,
Hyannis, Massachusetts" by Archi-Tech Associates, Centerville, MA and I
dated 5-25-94.
c. "Ground Floor Plan, +/- 6, 100 R.S.F. " by Archi-Tech
Associates, dated May 17, 1994 (R.S.F. refers to net rentable space) .
d. "Drainage Improvement Plan for proposed office building on
259 North Street in the Town of Barnstable, MA - Hyannis, prepared
for Stuart Bornstein" by Down Cape Engineeing, Inc. , Yarmouth, MA and I)
dated March 23, 1994, last revised April 26, 1994.
e.. Application received April 4, 1994 for 8,000 sq. ft. GFA,
assiged SPR. No. 22-1994. This application for review of a new.
building in the subject of Appeal No. 1994-56, request for a Special
Permit to reduce required parking, scheduled at the ZBA on 6/22/94
Planning Department Comments:
1. B - Business Zoning District and height limitation:
a. Section 3-3.1 (5) Bulk Regulations provide for a maximum
building height of 30 feet, or two stories, which ever is lesser.
b. The use of the top floor "attic" is not permitted at this
time (reference submitted document a. above) .
2. On - site parking requirement under the Ordinance: By GFA for
Office, Professional, Administrative, Banks: 1 space per 300 sq.
ft.PLUS 1 space/separate suite; The following Table outlines the
zoning requirement for the various components:
Existing New Building "Attic"
a. AREA:
Basement: 4,748 s.f. - _
Ground(lst) 4,748 8,000 s.f.
2nd Floor 4,748 - -
"Attic" 0 NA 2 100 s.f.
Sub total: 14,244 s.f. 8,000 s.f. 2, 100 s.f. j
i
Spaces (Area) : 48 27 7
.I
f
s
v !
b. SUITES: [ 1/separate Suite] This !portion of the parking
requirement assumed at one suite per floor.
Existing building 3 1 1 = 5
SPECIAL PERMIT WITH VARIANCE: area [48 + 27 + 71 + suite [5] = 87
SPECIAL PERMIT W/OUT VARIANCE: 11 [48 + 271 + If [4] = 79
C. Proposed on-site parking: = 34 Spaces.
d. Required amount of parking reduction:
SPECIAL PERMIT WITH VARIANCE = 53 Spaces
SPECIAL PERMIT W/OUT VARIANCE = 45 Spaces
e. It is necessary that the applicant satisfy 87 or 79 spaces
on site or request a special permit for a reduction of the required
parking requirements (Reference Section 4-2.8 and 4-2.71 .
f. Background Comment: The project, when presented in 1988 as
three buildings, included Building A, then the so-called Williams
Building (four usable floors with 14,244 sq. ft. ) plus Buildings B
and C (two story buildings at 6,217 sq. ft. plus 3,750 sq. ft.
respectively) , all three totalling to 24,211 sq. ft. and having an
area based parking requirement of 81 spaces. Using the "1/suite"
requirement and one suite per floor approach, at least 8 additional
spaces would have been required, for a total requirement of at least
89 spaces. At full gross floor area usage, the current proposal is
under (by 2 required spaces) what may have been required in 1988.
3. Special Screening Standards, B District, 10 foot "green strip" :
a. The applicant has complied with this section in terms of
meeting the dimensional requirement of 'ten (10 ft. ) [Section 3-3.1
(7) ] -
b. Recommend that a detailed planting landscape plan be
presented to more fully meet the intent of "on. which grass, bushes,
flowers, trees or a combination therof shall be maintained. "
4. Other considerations which may be addressed in further detail:
a. Indicate how the new building will impact adjacent senior
citizens housing to the west. Landscaping treatment should be shown
in detail.
b. In the new proposed building, indicate if there will be any
utility or other use of floor area above the first floor that will
require legal access, and therfore additional GFA to be included
relative to the parking requirement.
C. The Site Plan Review committee should coordinate the new
site plan design with proper access to the town parking lot.
FILE COPY
Town of Barnstable
Planning Department
Information Request
Appeal No. 1992-45 - Bornstein
Date: August 28, 1992
To: Zoning Board of Appeals
From; Traczy , Principal Planner.
Background:
At the meeting of August 13, 1992, the Zoning Board of Appeals closed the
public hearing and requested that the department provide information on the
town owned North Street Parking Lot. The following information was surma*'ized
from the "Hyannis Parking inventory study" completed by the Planning
Department during the summer of 1992.
rNorth Street Parking Lot:
�T6e•1.52 acre parking-lot-conta` ns-_a total-of. 150 developed parking spaces. _
The parking lot is accessed from North street and a side access is provided
for from Bassett Lane via private property. A 14 foot pedestrian way is
provided for to Main Street. The northern half of the lot was improved in
early 1992 by the Town of Barnstable, Department of Public works in
cooperation with the Planning Department. The improvements were funded by the
present owner Stuart Bornstein Trust, as per the 1985 Board of Selectmen's
Agreement for shared parking with the "Williams Building" (259 North Street).
Parking in the lot is provided free of charge.
According to the study, there exists 32 public and private downtown and harbor
area parking lots that provide a total of 3,296 parking spaces available to !
the general public. In addition there exists an estimated 3,626 on-etreet
parking spaces within the downtown and harbor area.
Peak use of the North Street Lot occurs during the weekdays between the hours
of 10:00 am to 3:00 pm. Peak parking occurs at 11:00 am with a capacity of
46% or 69 cars. Weekead capacity is low, at 25% or 38 cars, which occurs at
2:00 pm. The North street Lot is under utilized (see attached chart "Town Lot
West of Bassett Lane..
No data was collected on out-of-town plates, however, from the nature of the
hours of capacity and common knowledge, it can be assumed that most users of
the lot are local and are associated with surrounding business and commercial
establishments. It is also common knowledge that many of the Saturn
construction workers usoO the lot during the time of the study.
As the Board will recall, on May 14, 1992, in special Permit #1992-29 - Fazio,
the Board granted a relief of 15 parking spaces for the expansion of *Fazio's
Trattoria" 586 & 586A Main Street. The lot is also commonly occupied by
adjacent office workers from shawmut Bank.
0'60'�,Qp�•B 0 _ _ .. �yZ7fr'a Ra6�.. • .l...rev .- ._�,....
./, •' �� NdLo
OWN LOT WEST PF BASSET LN..
THURSDAY, JUNE 25, 1992
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1
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SATURDAY, JUU E 27p 1992
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- - - - - —LOT CA
-+-NUM. OF VEH. PARKE=
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AM I PM
CAr'`11 IYV 7
TOWNPF.BARNSTABLE
DEPARTMENT OF HEALTH SAFETY AND
ENVIRONMENTAL SERVICES
BUILDING DIVISION
STOP .WORK
THIS STRUCTURE AND/OR PREMISES HAS BEEN
INSPECTED AND THE FOLLOWING VIOLATIONS
OF THE.BUILDING CODE AND/OR ZONING
ORDINANCE HAVE BEEN FOUND:
lowl
:4
3):. 4)
Y-YOU ARE HEREBY NOTIFIED THAT
NO ADDITIONAL WORK SHALL BE UNDERTAKEN
UPON THESE PREMISES, OR THE PREMISES
OCCUPIED UNTIL THE ABOVE VIOLATIONS
a ":ARE CORRECTED.
ANY PERSON REMOVING THIS NOTICE WITHOUT
PROPER AUTHORIZATION SHALL BE LIABLE
TO A FINE OF NOT LESS THAN FIFTY, NOR .
MORE THAN ONE HUNDRED DOLLARS.
Address
Date / Ar
Buil missioner
MAS&
71
MA'S►,0
Town of Barnstable
Zoning Board of Appeals
Decision and Notice T 2 5 2001
Appeal 2001-107—Bornstein B`�____________________
Modification of Special Permit 1994-56
Summary: Granted with Conditions
Petitioner: Stuart A Bornstein
Property Address: 259B North Street,Hyannis,MA
Assessor's Map/Parcel: Map 308 Parcel 073.002
Zoning: Business B Zoning District
Relief Requested& Background
The applicant,Stuart A Bornstein is seeking to modify Condition Number 3 of Special Permit 1994-56. The
applicant seeks to permit two office suites in a building restricted by the permit to one suite. That permit was
issued for a reduction in required.parking. The applicant seeks to establish two office suites where only one is
permitted.
• Procedural& Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 28,
2001. An extension of time for holding the hearing and for filing of the decision was executed between the
applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened September 19,2001,at
-which time the Board found to grant the modification condition number 3 of Special Permit 1994-56.
Board Members deciding this appeal were Gail Nightingale,Richard L.Boy,Ralph Copeland,Randolph Childs
and Chairman,Ron S.Jansson.Mr. Stuart A Bornstein represented himself before the Board. He discussed his
desire to modify the earlier permit to alloxv for two office suites in the building. He noted.that the building has
8,000 sq.ft. of gross office area of which 6,000 sq.ft.presently is occupied. The remaining 2,000sq.ft.is vacant.
The building was permitted under Special Permit 1994 56 that restricted occupancy to one suite only. It was
only recently completed.
The Chairman read from the conditions of the special permit issued. He noted that Condition Number-1 stated
that"the single level structure is [limited] to one office suite."
Public Comment
The public was requested to comment and no one spoke in favor or in opposition to the appeal.
Findings of Fact:
At the hearing of September 19,2001,the Board unanimously found the following findings of fact:
1. In Appeal 2001-107,Stuart A Bornstein has applied for a Modification of Special Permit 1994-56 to permit
• two office suites in a building that is conditioned for one office suite only. The property is shown on
mar
� "i� Assessors Map 308 Parcel 073.002 addressed 259B North Street,Hyannis,MA in a Business B Zoning
p j 4 � " : District.
. 2. Then applicant is seeking to modify condition number 3 of Special Permit 1994-56 to permit two.office
.c
suites to be located within the structure.
jF
, -1
lam , 3. The structure contains 8,000 sq.ft. of gross office space. 6,000 sq.ft.is occupied the remaining 2,000 sq.ft.is
vacant and remains unfinished. There is to be no increase in the area of the building. This is the only
t
change the applicant is seeking. All other conditions of Special Permit 1994-56 are to remaining force and
A .., effect.
Decision:
Based on the findings of fact,a motion was duly made and seconded to grant the appeal to only modify
Condition Number 3 of Special Permit 1994-56 to permit two office suites in the single story structure of 8,000
sq.ft. All other conditions remain in effect as does the first section of Condition Number 3 that restricts the .
number of office suites to three within the three level structure located on site.
The vote was as follows:
AYE: Gail Nightingale,Richard L..Boy,Ralph Copeland,Randolph Childs,Ron S.Jansson
NAY: None
Ordered:
Special Permit 2001-107 is granted with conditions. This decision must be recorded at the Registry of Deeds
for it to be in effect. The relief authorized.by this decision must be exercised in one year.
Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20)
days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk.
10ta I'm
Ron S. ,Chairman Date Signed
I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts;hereby Certify that '
twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the
decision has been filed in the office of the Town Clerk.
Signed and sealed this day of 6� 0 under the pains and penalties of petjury
Linda Hutchenrider,Town Clerk
•
2
HOLLY MANAGEMENT & SUPPLY CORPORATION
EDWIN E. TAIPALE,Attorney Phone: ( 508 ) 775-4200
297 North Street Fax: ( 508 ) 775-8789
Hyannis, Massachusetts 02601 email: eet@capecod.net
February 19, 2004
Robin C. Giangregorio
Site Plan Review Coordinator
Town of Barnstable
200 Main Street
Hyannis, MA 02601
Re: Site Plan Review-259 North Street
259 North St. Limited Partnership/Dr. Chaturvedi
Dear Ms. Giangregorio:
In furtherance of certain issues raised at the site plan review hearing on January
29, 2004 for the above property, and a recent telephone conversation with Tom Perry, I
am enclosing a copy of the Certificate of Occupancy issued by the Town of Barnstable on
March 12, 1996, and a letter dated March 12, 1996 from the former Building
Commissioner allowing the use of the third floor of the structure. I am also enclosing a
copy of the lease with the tenant, iStrategy Capital Partners, LLC, signed by its members,
Drs. Neena and Rahul Chaturvedi.
As you will note from the lease, it does not describe the use of the premises for
medical offices, but rather for"iStrategy Capital Partners Purposes". It appears that
sometime after taking tenancy, the Drs. Chaturvedi, doing business as Nuspeech
Communications, began seeing medical patients in connection with their use of the
premises. In recent discussions with Dr. Chaturvedi regarding his proposed expansion
into the third floor of the building for medical related uses, the provision of the Special
Permit issued in 1994 (Appeal No. 1994-56), allowing the use of the structure for office
use, but excluding banks and medical offices, was overlooked.
There is currently pending before the Barnstable Zoning Board of Appeals a
request for a Special Permit,pursuant to Section 3-2.3(3), Conditional Uses, to allow the
medical office use in the newly enacted 0-2 Office District. The hearing on this Special
Permit application is currently scheduled for March 3, 2004. This Special Permit, if
allowed, should resolve any issue as to the use of the building for a medical office.
Please contact me if further information is required to complete the site plan
review process. If further proceedings before site plan review are necessary I would
request that they be made a condition of the Special Permit. Thank you for your attention
to this matter.
Very tru urs,
Edwin E. Taipale
Enc.
cc: Dr. Chaturvedi '
f
*TM. 0 TOWN OF BARNSTABL.E Permit No. . 313.89
BUILDING DEPARTMENT
l ""n TOWN OFFICE BUILDING Cash
yew•
�vwTk HYANNIS.MASS.02601 Bond ................
CERTIFICATE OF USE AND OCCUPANCY
Issued to 259 Realty Trust
Address 259 N orth Street (one half fi(/Z floor and basement)
Hyannis, Ma.
USE GROUP FIRE GRADING 1 OCCUPANCY LOAD
THIS PERMIT WILL NOT BE VALID. AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE.
April 20, 1993 19. .... ......?Building
..........
Insjpect�or
r
i
TOWN OF BARNSTABLE Permit No. ..... ... .31389.....
BUILDING DEPARTMENT
TOWN OFFICE BUILDING Cash
.M•
6}9•
�'�ror.vr HYANNIS,MASS.02601 Bond ..............
CERTIFICATE OF USE AND OCCUPANCY'
Issued to 259 Realty Trust
Address 259 N orthN.`Street {one half fi(gjt floor and basement)
Hyannis, Ma.
USE GROUP $ FIRE GRADING l OCCUPANCY LOAD
THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITH SECTION'119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE.
1
.. .. April 20., 199319 .. 4w...........
Building Ins ectorf
a V
WELLER & ASSOCIATES
714 MAIN STREET
P.O. BOX 119
YARMOUTH PORT, MASSACHUSETTS 02675
TEL.:(508)362-8131
/ FAX:(508)362-6868
EP
Date: September 9, 1992
Stuart B3 rnstein
one Financial Place "
�Iyannis, ma. 02601
Re: #259 Mrth St., Hyannis, PSa.
Dear Stuart:
Please be advised that we have measured the hei_ghth of the existing
building at -the above referenced property and fini:i it to be 28.2' from
the average grade to the top plate (as approximated by the bottom of the
existing gutters) .
If you have any questions, please do riot hesi'tat: to contact, us.
y
n ..
' Very truly yours
`t.AtL. c1 Weller
..
b bliviss
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