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HomeMy WebLinkAbout0259 NORTH STREET V.7 Nole7 / AAi 0`1 A.1, 1. Iv x F 1' I lf. j I 1 c, __ . �v 1 -- ,; �� ^� �� 1 �� V ¢;. �-e ^` o � ... � � �� _ � r �� _ � �Y �, L �--� ,. ��� � � .� � _ r � r,. f I rA,VA,,. Lo —77 co- � �(v GO C-0 VV\- f o`C � , ; ��... L � � '7 � r�. .�- �. :. .� a "' © b x F it � �� ��v"J —�` o.. i � ��a � �= F t � �.' �"°' ®0 �f k �`'� £ 4 rye � K- �. � r ��- � � y�' � Town of Barnstable, MA Page 1 of 9 Town of Barnstable,MA Thursday, October 79,2077 Chapter zoo. Zoning Article III. District Regulations § 240-24.1.3. HVB Hyannis Village Business District. [Added 7-14-2005 by Order No. 2005-1001 A. Permitted uses. The following principal and accessory uses are permitted in the HVB District. Uses not expressly allowed are prohibited. (1) Permitted principal uses. (a) 'Business and professional offices. (b) Banks. (c) Retail uses. (d) Personal services establishments. (e) Packaging and delivery services. (f) ' Research and development facilities. (g) Publishing and printing establishments. (h) Restaurants. (i) ' Health clubs. (j) Movie theaters. (k) Artist's lofts. (1) Art galleries. (m) Museums. (n) Performing arts facilities. (o) ' Educational institutions. c�kjr (p) Bed-and-breakfasts. https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 I Town of Barnstable, MA Page 2 of 9 (q) 'Fraternal or social organizations. (r) Hotels. (s) Motels. (t) Conference centers. (u) Recreational establishments. (v) Mixed use development consistent with ground floor limitations established by an asterisk (*) and with building footprint not exceeding 20,000 square feet and totaling not more than 60,00o square feet. (w) 'Apartments and multifamily housing, not including mixed use development,totaling not more than 12 dwelling units per acre Ground floor limitations: For lots abutting Hyannis Main Street and located between Sea Street and Barnstable Road/Ocean Street, uses denoted by an asterisk (*) are allowed above the ground floor only, with the exception that uses denoted by an asterisk may occur on the first floor in the rear portion of such a building only when, at a minimum, the first 30 feet of ground floor building space fronting on Hyannis Main Street is occupied by a permitted principal ground floor use. (See diagram below). In this case a Hyannis Main Street entrance to the use or uses at the rear of the building is allowed. L (2) Permitted accessory.uses. (a) Entertainment and/or dancing is permitted: [Amended 6-1-2006 by Order. No. 20o6-136] [1] As an accessory use to a full-service food service establishment, subject to the following: [a] Food is served to customers at tables by waitpersons; https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, MA Page 3 of 9 [b] Bar seats and bar laces do not exceed 20% of restaurant seats; andp [c] Any dance floor area shall not exceed 500 square feet, or lo% of the floor area of the restaurant, whichever is less. [2] As an accessory use to a preexisting smoking bar that has received a variance from the Barnstable Board of Health, subject to the following: [a] The establishment holds a valid Board of Health variance issued under the provisions of the Barnstable Code, §371-18; and [b] Any dance floor area shall not exceed 5oo square feet, or lo% of the floor area of the smoking bar. (b) Repair services. (c) Automated banking facilities (ATM). B. Special permits. (1) Parking facilities. (2) Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission: (a) Nonresidential development with a total floor area greater thanio,000 square feet. (b) Mixed use development with a building footprint greater than 20,000 square feet or a total building square footage greater than 6o,0000 square feet. (3) Multifamily housing, not including mixed use development, consistent with the ground floor limitations established above, and proposing 13 or more dwelling units per acre and not more than 16 dwelling units per acre. C. Dimensional, bulk and other requirements. Maximum Minimum Yard Building 'Setbacks Height' Minimum Lot Minimum Area Lot Maximum Zoning (square FrontagFront Rear Side Lot District feet) (feet) (feet)(feet)(feetf eet StoriaoverageRAR3 Hyannis 5,000 10 4 — — 42 3 100% 3.0 Village https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, NM Page 4 of 9 NOTES: ' See additional height regulations in Subsection (2) below. 2 Maximum lot coverage pertains to building footprint only. 3 Applies to mixed use development only. 4 See also setbacks in Subsection (1) below. (1) Setbacks. (a) Maximum building setback. [1] The maximum building setback from the street Line shall be zero feet for the front and street side facade so that the buildin visually reinforces the building facade line of the street. See Diagram No. 2 below.). 0 am �n �rt W N V., [2] Existing buildings within the HVB District not currently located at the zero maximum building setback may be altered, expanded, replaced or redeveloped so long as the maximum building setback is equal to the setback of the buildings(s) in existence upon the adoption of this section or 20 feet, whichever is less, and provided that the area between the building setback and the street line shall provide permanent public plazas, sidewalk cafes, public spaces or amenities and/or landscaping. [3] The SPGA may vary the maximum building setback for the building facade, or any portion thereof, and may allow buildings to be set back from the front and/or street side Eroperty line where it would result in better alignment of uildings, improved design of the building facade, or where necessary to accommodate shop entrances, arcades, plazas, sidewalk cafes, permanent public spaces, pocket parks, or landscaping required pursuant to the provisions of this section or as allowed by permit, and so long as such increase in building setback will not create significant interruption of the alignment of any sidewalk constructed on public or private property or will not otherwise interfere with pedestrian access. (b) https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, MA Page 5 of 9 Awnings, marquees and balconies. The SPGA may provide relief from the zero front yard setback for awnings, marquees and balconies. These building.structures are allowed to protrude up to five feet past the property line into the public right-of-way. All awnings, marquees and open air balconies shall require a license from the Town Manager consistent with Barnstable General Ordinances, Part 1, Chapter 121, § 121-6J. y"s A i ,i ?yora v , Awnings and Marquees yf£, Open Air Balconies (2) Height. (a) Maximum building height. [1] The maximum height of buildings or structures, other than accessory rooftop equipment discussed below or special architectural features, is 42 feet or three stories not to exceed 46 feet. https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, MA Page 6 of 9 [2] Maximum height may be increased to 46 feet or three stories when the roof pitch is in the range of six in 12. [3] In order to reduce shadows on Hyannis Main Street, for lots located on the southerly edge of the layout of Hyannis Main Street between Barnstable Road/Ocean Street and Sea Street, the maximum building height within 25 feet of the layout of Hyannis Main Street shall not exceed 35 feet unless a special permit is obtained from the SPGA. (See Diagram No. 3 below.) I HYAN>P MAIN i S. MAX IMt1bd 04A lG >IKLr_ P_rr>1_`1.. tyr�4 �fC» Or MAIN OrMW-rr _-5717 (b) Height of rooftop equi ment. Accessory rooftop equipment may extend to 46 feet or to 50 feet when the building height is allowed at 46 feet under Subsection [(2)(a) 2] above}, provided that it is setback from the exterior walll(s� by at least io feet, and is enclosed or screened with materials compatible with the building, and the headhouse and screening are not visible from the ground. Accessory equipment shall not exceed 20% of the roof area. Eight-foot tall roof headhouse structures shall be set back from the exterior wall(s) by at least io feet, and shall not exceed 20% of the roof area. (3) .Facade length. Buildings or portions of a building with a mass over 50 feet wide must divide their elevations into smaller parts. A pronounced change in massing, pronounced changes in wall planes and introducing significant variations in the cornice/roofline are all possible methods to accomplish the desired divisions of elevations into smaller parts. (4) Roof pitch. Flat roofs shall not extend for more than 50 linear feet, unless otherwise permitted by special permit. (5) Building entrances and alleyways. (a) For lots which have at least to feet of frontage on Hyannis Main Street, development and redevelopment shall include https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, MA Page 7 of 9 building facades that front on and have a principal pedestrian entrance on Hyannis Main Street. (b) The construction of any new buildings shall provide for the creation of pedestrian alleyways, where appropriate, in order to allow for passageways to parking at the rear of the lots and adjoining streets. (6) Ground floor windows. (a) All new nonresidential development shall provide ground floor windows along street facades, including windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. Required windows shall have a sill no more than four feet above grade. Where interior floor levels prohibit such placement, the sill may be raised to no more than two feet above the finished floor level, up to a maximum sill height of six feet above grade. (b) Windows that block two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows along street facades. (c) Any wall which is within 30 feet of the street shall contain at least 20% of the ground floor wall area facing the street in display areas, windows, or doorways. Blank walls, including walls that do not include display areas, windows, architectural features, and/or doorways, are prohibited. (7) Through lots. (a) Through lots defined. A "through lot" shall be a lot with a lot line of at least io feet on Hyannis Main Street that also abuts on another public street or way (the "alternative street or way'), but shall not include a corner lot. A through lot with at least io feet of property line abutting Hyannis Main Street is presumed to have frontage on Hyannis Main Street. (b) For through lots, the lot shall provide vehicular access off of the alternative street or wayunless otherwise permitted b P Y special permit. (8) Curb cuts and driveways. (a) New curb cuts on Hyannis Main Street shall only be allowed where the curb cut leads to parking for at least 21 vehicles. No more than one curb cut on Hyannis Main Street shall be allowed for any lot. For traffic safety and to maintain traffic flow, no new driveways shall be permitted on Hyannis Main Street within 200 feet of any intersection. (b) Driveways shall not occupy more than 25% of the frontage of any parcel, except for lots less than 40 feet wide. D. Site development standards. In addition to the site development standards set forth in § 240-24.1.10 below, the following requirements shall apply. https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, MA Page 8 of 9 (1) Loading docks. Loading docks shall not be visible from Main Street. (2) Parking spaces, computation. (a) The parking standards contained within the Schedule of Off- Street Parking Requirement, § 240-56 of the Barnstable Zoning Ordinance, shall establish the minimum parking requirements, with the following exceptions: [1] The use of shared parking for different uses having different peak hours of demand will be considered in evaluating compliance with § 240-56. A signed lease agreement between relevant parties sharing parking must be provided as part of the site plan approval or special permit process. [2] A permitted use can be changed to another permitted use, and any permitted principal or accessory use can be intensified, without increasing the required off-street parking requirements of§ 240-56, Schedule of Off-Street Parking Requirements, provided that as of July 14, 2005: [a] There is no increase in gross square footage of the building; and [b] There is no reduction in existing parking spaces required pursuant to § 240-56; and [c] There is no added outdoor-use requiring the provision of parkin according to Section 204-56, except that no parking spaces shall be required for outdoor dining on both public and private property; and [d] Parking space requirements for residential dwelling units shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms. (3) Parking spaces shall be provided for new and/or expanded building area, and for new and/or expanded outdoor uses, as follows: (a) Fifty percent of the spaces required under § 240-56 for all uses other than office uses and residential dwelling units. (b) 'Parking space requirements for residential dwelling units shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms. (4) The SPGA may, by special permit, further reduce the parking required as follows: (a) Off-site parkin. Parking requirements may be satisfied if an off-street municipal parking lot of 20 spaces or more exists within 50o feet of theproposed use and provided that a fee is https://www.ecode360.com/printBA2043?guid=6558570 10/19/2017 Town of Barnstable, MA Page 9 of 9 b . paid which would be set aside for the creation of future municipal parking facilities to service the district, consistent with a schedule of fees, if any, to be adopted in the Design and Infrastructure Plan. Off-site parking may also be provided on a private parking lot with sufficient parking spaces within 300 feet of the proposed use, rovided that a lease agreement is presented as part of the site plan approval or special permit process and provided that a fee is paid which would be set aside for the creation of future municipal parking facilities to service the district, consistent with a schedule of fees, if any, to be adopted in the Design and Infrastructure Plan. In no case shall leased parking be allowed on land that is residentially zoned for, or in residential use as, a single-family or a two- family dwelling. (b) The SPGA may reduce the on-site and off-street parking requirement for all uses except office uses and residential uses, based upon a consideration of: [1] Availability of shared parking. [2] Other factors supporting the reduction in the number of required parking spaces. (5) Landscaping. (a) Front yard landscape is not required if front setback is zero. When the front setback is greater than zero, those portions of the front yard not occupied by pedestrian amenities and public spaces shall be landscaped. (b) Street trees are required consistent with § 240-24.1.10 below if front setback is greater than zero feet. (6) Lighting. (a) All developments shall use full cutoff light fixtures for exterior lighting in which no more than 2.5% of the total output is emitted at go° from the vertical pole or building wall on which it is mounted. (b) Flood-, area and up-lighting is not permitted. https://www.ecode360.com/printBA2043?guid=6558570, 10/19/2017 Town of Barnstable oF��E r Regulatory Services Richard V. Scali,Director MUMSTABLE, ; Building Division BARNSTABLE '" Thomas Perry, CBO �Aa.n4 -a�-2014 nusmrs loos rosleanue•weslme ssnu 16 0 16192614 A'E0'"°rA Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 22,2015 Amy LeBlanc B&C Zoning 3000 S.Berry Rd.,Ste 110 Norman,OK 73072 Subject Property: 259 North Street Hyannis, MA In response to your request for information regarding the above-referenced property,we have researched our files and present the following: i. The current zoning classification for the subject property is: Hyannnis Business District HVB 2. Adjacent property zoning designations: North:OM-Office Multi South:HVB—Hyannis Village Business East:HVB West: HVB 3. According to the zoning ordinances and regulations for this district,the use of the subject property is a: X Permitted Use by Right ❑ Permitted Use by Special/Specific Use Permit 0 Copy Attached R Copy Not Available ❑ Legal Non-Conforming Use(no longer permitted by right due to amendments,re-zoning,variance granted or other changes.See comments) ❑ Non-Permitted Use Comment:Zoning Relief on file. Multiple uses in more than one building at this location. 4. To the best of our knowledge,the subject structure(s)was developed: ❑in accordance with Current Zoning Code Requirements and is Xa Legal Conforming R Non-conforming(see comments) F1 in accordance with Previous Zoning Code Requirements(amendments,rezoning,variance granted)and is Legal Non-conforming to current zoning requirements. L]Prior to the adoption of the Zoning Code and is L]Grandfathered/Legal Non-conforming to current zoning requirements. R in accordance with Approved Site Plan and is Legal Conforming to approved site plan.If any nonconforming issues exist with respect to current zoning requirement;the subject property would be considered legal non-conforming. Comment: 5. Zoning Code: II The current municipal zoning code/ordinance is online at: town.barnstable.ma.us ❑A copy of the zoning code may be purchased for$ -available online II Applicable code pages are attached to this letter including:permitted uses,height/setback/bulk requirements,minimum parking requirements,right to rebuild in the case of damage or destruction to nonconforming structure 6. Zoning Map: XQ The current municipal zoning map is online at:town.barnstable.ma.us C1 A copy of the zoning map may be purchased for$ on line 0 Zoning map or applicable map portion is attached to this letter 7. Information regarding variances,special permits/exceptions,ordinances or conditions: ❑ There do not appear to be any variances,special permits/exceptions,ordinances or conditions that apply to the subject property. ❑ The following apply to the subject property(see comments): Variance-Documentation attached or is otherwise,no longer available(see comment) X0 Special Permit/Exception Documentation attached or is otherwise,no longer available(see comment) Q Ordinance Documentation attached or is otherwise,no longer available(see comment) ❑Conditions Documentation attached or is otherwise,no longer available(see comment) Comment:At least two special permits on file for this site. Copies provided. Additional records check should be requested of the Zoning Board of Appeals if necessary. 5o8-862-4785• Our records do not indicate any other matters or property flags. 8. Rebuild:In the event of casualty,in whole or in part,the structure located on the subject property: Xa May be rebuilt in its current form(i.e.no loss of square footage,same footprint,with drive through(s),if applicable). Any structure or use rendered non-conforming may be reestablished within 2 years of damage or destruction per 240-95 0 May not be rebuilt in its current form,except upon satisfaction of certain conditions,limitations or requirements.Please see section 240-95 of the current zoning code/ordinance for detains. 9. Code Violations Information: II There do NOT appear to be any outstanding/open zoning,building or fire code violations that apply to the subject property. The following outstanding/open❑zoning/[n building/IIfire code violations apply to the subject property: Comment: Not aware of any current violations. File contains no reference to any recent violation or complaints. io. Certificate of Occupancy,status:Copies provided for available records. f 0 A valid Certificate of Occupancy has been issued for the subject property and is attached. II Certificates of Occupancy have been issued and are in effect for all buildings and,if required,for all units at the Property; however,we are unable to locate a copy in our records.The absence of a copy of the Certificate(s) of Occupancy will not give rise to any enforcement action affecting the property. Xa Certificates of Occupancy for projects constructed prior to the year 1990 are no longer on file with this office.The absence of a copy of the Certificate(s)of Occupancy will not give rise to any enforcement action affecting the property.A Certificate of Occupancy will only be required for new construction. ❑ A Certificate of Occupancy is not required for the subject property. Comment:Copies provided for available records. Site Plan Information: n The subject property was not subject to a site plan approval process. The subject property was subject to site plan approval;a copy of the approved site plan is attached. n The subject property was subject to site plan approval,but a copy of the approved site plan is no longer in existence (was lost or destroyed). All other existing documents applicable to site plan approval for the site are attached if available. XL] An approved site plan for the subject property is on file,but our office does not have the necessary resources to reproduce and distribute copies of the plan. All other existing documents applicable to site plan approval are attached if available. ❑ Other,(as noted here): This information was researched on May 18,2015,by the undersigned,per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon,or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records,which may be inspected during regul ess hours. By: Printed Name:Robin C.Anderson Title: Zom g Enforcemen fficer Department: Building Division Phone: so8-862-4027 i Town of Barnstable zoning Board of Appeals Decision and Notice Special Permit - Reduction of Required Parking Appeal No. 1994-56 Suumtary Granted with conditions Applicant 259 North street Real Estate Trust :?{_ Address: 297 North Street, Hyannis, MA 026�9.}l t 0„:. r5 � { Property Location: 259 North street, Hyannis, MA Property owner: Stuart Bornstein, Trustees „ Address: 297 North street, Hyannis, MA 026-01 = 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 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 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 - A peal 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 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 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 what ever the Board wisbes - just make it a condition. R. Jansson noted that the Site Plan Reviaw 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. 2 Decision and Notice - Arpeal No. 1994-56 `Special Permit - Reduction of Parking: 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. Jansson 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 - A)eal 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 beano 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 applicant,.s 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 - Ar eal 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. 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 the iillkg bf this decision in the office of the Town clerk. r • � _ _ 0�-14-9� Richard Boy, C„airman V 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'decisio.n has been filed in the office of the Town Clerk. signed and sealed this day of JAV19 under the pains and penalties of perjury. Lin a Lep en, Clerk copies: Building Commissioner Site P1an.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 ada"NCLhat" the file number related to this case is 1994-55 am ¢- 9r9., ,-5 1994-54 as stated on the"original Decision and Notice. 1' 32 . J Diane D. Kentfield, Seretary Zoning Board of Appeals i EVE Town of Barnstable Zoning Board of Appeals EAMSTABM # 230 South Street,Hyannis,Massachusetts 02601 fD���0� (508)790-6290 Fax(508)790-6454 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.f1.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.fl.. 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.f1.of office space. In granting this relief,the Board found that the abutting Town-owned North Street Parking Lot"is underutilized 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: f Art T czyk, rincipal Planner Attachments: Decision and Notice Appeal No. 1994-56 c: . ZBA Gail Nightingale,Chairman ZBA File Appeal No. 1994-56 Thomas Mullen,Commissioner Public Works Robert Smith,Town Attorney Ralph Crossen,Building Commissioner A TRUE COPY ATTEST Town of Barnstable CGS ���GcyC'�r esCif.caG� Zoning Board of Appeals Decision and Notice Town Clerk BARNSTABLE 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 02601 Property Location: __O259 North Street, Hyannis, MA E r.F. Property Owner: Stuart Bornstein, Trustee Address: 297 North Street, Hyannis, MA 02601 . :15 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 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 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. DeR.iemer, 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 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 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 he 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 cant go forward with the final concept drawings, after which he needs detailed architectural. plans. He is willing -to grant what ever the Board wishes - 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. • 2 . LL,-cision ,and Notice - Appeal No. 1994-56 special Permit - Reduction of Parking: 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. Jansson 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. Nilss.on 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 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. 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 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 leve l structure shall be limited to a maximum of three office face 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 Decisioa 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. 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 the iai:5 H€ this decision in the office of the Town Clerk. f • � 1-4-94 Richard Boy, %-,.dirman 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 G } 19 under the pains and penalties of perjury. Linda Leppanen, Town clerk copies: Building Commissioner Site Plan Review Board of Health Hyannis Fire Department zoning Board of Appeals file � 5 j)UERY- PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 09/22/00 PERMIT NUMBER 48430 PARCEL ID 308 073 002 259 NORTH STREET PERMIT TYPE BUILDC COMMERCIAL BUILDING DESCRIPTION MODIFY XSTG FOUNDATION/CONSTRUCT 1 STORY BLD CONTRACTOR PERMIT FEE 5368 . 00 VARIANCE STATUS A ACTIVE CONSTRUCTION TYPE 324 GROUP TYPE 1 APPLICATION 09/05/2000 EXPIRATION VALUATION 880000. 00 DATE ISSUED 09/05/2000 COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I) NSPECTIONS/ (H) ISTORY/ (F)EES/ (A) RCHITECTS/ (V) IOLATION/ (E) XIT This value is not among the valid possibilities PENTAMATION------------------------------------------------------------09/22/00 PERMIT NO 48430 PARCEL ID 308 073 002 259 NORTH STREET _ PERMIT TYPE BUILDC DESCRIPTION FEE CODE FLAT/BASE FEE TOTAL UNIT COST AMOUNT PAID COM FLAT 5368 . 00 0 . 00 5368 . 00 TOTAL CHARGES FOR PERMIT 5368 . 00 CTRL-0 UNITS CHARGED/ CTRL-W PAYMENTS/ CTRL-V VALUATION/OTHER UNITS/ ESC EXIT PENTAMATION--------------- -----09/22/00 ---------------------------------------- PERMIT NO 48430 PARCEL ID 308 073 002 259 NORTH STREET -------------------------------------------------- DATE PAID AMOUNT OPERATOR 09/06/2000 5368 . 00 whelana ;MOUNT PAID 5368 . 00 , PRESS ESC TO END DISPLAY CT+------------------------------------------------+ION/OTHER UNITS/ ESC EXIT rl�091221UFj TOWN OF BARNSTABLE PAGE 1 PROPERTY/PERMIT-CROSS REFERENCE SELECTION CRITERIA: property.parcel_id=1308 073 002' and permit.permit_type matches 'B*' ALL CONTRACTORS ---- PERMIT ----- MASTER NUMBER TYPE PERMIT PARCEL ID ADDRESS LOT/BLOCK DBA EXPIRED 12929 BSIGN 308 073 002 259 NORTH STREET 6 13717 BC00 308 073 002 259 NORTH STREET 6 C35421 BREMODC—) 308 073 002 259 NORTH STREET 6 36210 BPLUM 308 073 002 259 NORTH STREET 6 36382 BELEC 308 073 002 259 NORTH STREET 6 36708 BGASA 308 073 002 259 NORTH STREET 6 (4556'�BUILD� 308 073 002 259 NORTH STREET 6 (4585—BREMODC= 308 073 002 259 NORTH STREET 6 4596 BELEC 308 073 002 259 NORTH STREET 6 4598 BELEC 308 073 002 259 NORTH STREET 6 4602 BELEC 308 073 002 259 NORTH STREET 6 (4603—BUILD, 308 073 002 259 NORTH.STREET 6 4605 BSIGN 308 073 002 259 NORTH STREET 6 4843.0 BUILDC70 308 073 002 259 NORTH STREET 6 RUN DATE 09/22/00 TIME 11:12:33 PENTAMATION - PERMITS MANAGER r - QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 09/22/00 PERMIT NUMBER 35421 PARCEL ID 308, 073 002 259 NORTH STREET PERMIT TYPE BREMODC COMMERCIAL ALT/CONV DESCRIPTION CARPET/CEILING/PAINT/STEEL DOOR CONTRACTOR PERMIT FEE 50. 00 VARIANCE STATUS A ACTIVE CONSTRUCTION TYPE 753 GROUP TYPE 1 APPLICATION 12/16/1998 EXPIRATION VALUATION 6000 . 00 DATE ISSUED 12/16/1998 COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F) EES/ (A)RCHITECTS/ (V) IOLATION/ (E) XIT This value is not among the valid possibilities QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------- ------------- 09/22/00 ----------------------------------- PERMIT NUMBER 4556 PARCEL ID 308 073 002 259 NORTH STREET PERMIT TYPE BUILD NEW RESIDENTIAL BLDG PMT DESCRIPTION 32172 BUILD OFFICE .CONTRACTOR PERMIT FEE 0. 00 VARIANCE STATUS C COMPLETED CONSTRUCTION TYPE 101 GROUP TYPE 1 APPLICATION 10/27/1987 EXPIRATION VALUATION 500000 . 00 DATE ISSUED 08/15/1988 COMPLETED 06/01/1988 DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I) NSPECTIONS/ (H) ISTORY/ (F)EES/ (A) RCHITECTS/ (V) IOLATION/ (E) XIT This value is not among the valid possibilities QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 09/22/00 PERMIT NUMBER 4585 PARCEL ID 308 073 002 259 NORTH STREET PERMIT TYPE BREMODC COMMERCIAL ALT/CONV DESCRIPTION 37143 INTERIOR RENOVATION CONTRACTOR PERMIT FEE 0. 00 VARIANCE STATUS C COMPLETED CONSTRUCTION TYPE 437 GROUP TYPE 1 APPLICATION 10/24/1994 EXPIRATION VALUATION 60000 . 00 DATE ISSUED 10/24/1994 COMPLETED 12/01/1994 DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ . (P) REVIOUS/ (C)ONTRACTORS/ PR (0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F) EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT This value is not among the valid possibilities QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 09/22/00 PERMIT NUMBER 4603 PARCEL ID 308 073 002 259 NORTH STREET PERMIT TYPE BUILD NEW RESIDENTIAL BLDG PMT DESCRIPTION 31389 NEW BUILDING CONTRACTOR PERMIT FEE 0. 00 VARIANCE STATUS C COMPLETED CONSTRUCTION TYPE 101 GROUP TYPE 1 APPLICATION 06/13/1986 EXPIRATION VALUATION 900000 . 00 DATE ISSUED 11/05/1987 COMPLETED 04/29/1992 DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR (0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F) EES/ (A) RCHITECTS/ (V) IOLATION/ (E)XIT This value is not among the valid possibilities I 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 026Vie AV g �R Property Location: 259 North street, Hyannis, MA , Property owner: Stuart Bornstein, Trustee ' 4 Address: 297 North street, Hyannis, MA 02601 JAX 14 q . Assessor Map/Parcel: 308-073.0.2 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. DeR.iemer, 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 - A peal 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 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 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 what ever the Board wisbes - 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. 2 Decision and Notice - peal No. 1994-56 'Special Permit - Reduction of Parking: 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. Jansson 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 i Decision and Notice - &i..deal 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 P 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 - A eal No. 1994-56 'Special Permit - Reduction of Parkincr: 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 the yi.�i�� &C this decision in the office of the Town Clerk. t • / 01-/4-94 Apr: Richard Boy, ZVairman V 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 4 under the pains and penalties of perjury. 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 adi4i RE the file , number related to this case is 1994-55 R& -71" 1994-54 as stated on the original Decision and Notice. *94 A 1' Diane D. Kentfield, Secretary Zoning Board of Appeal//s ' N Town of Barnstable Zoning Board of Appeals BAMSTAB MAM # 230 South Street,Hyannis,Massachusetts 02601 039- �� (508)790-6290 Fax(508)790-6454 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 underutilized 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: ZBA Gail Nightingale,Chairman ZBA File Appeal No. 1994-56 Thomas Mullen,Commissioner Public Works Robert Smith,Town Attorney Ralph Crossen,Building Commissioner f _ ----Town of Barnstable Planning Division Follow-Up Staff Report , "Thomas A Broadrick,Director Pluunng,Zoning&Historic Ptesemdon Appeal 2004-39 - Chaturvedi = Special Permit- Section 3-2.3(3) Conditional Uses Medical Office _ Date: July 07,2004 To: Zoning Board of Appeals Art.Tracz*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 Permits: 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 felt 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 I 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". 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. L 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. 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'/z 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 r t 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 with 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 3`d floor. Jansson thought this was a 2 story building and the 31d 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. r lansson..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 , ., { Zoning. Board of AppealsRA _ . MASS. Variance- Height Restrictions •92 �T 2 Decision and Notice 2 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, i297 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 "william,s 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 Notico i 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.ft6 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. 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 Boardfs 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 28.21 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 Decision and Notic N 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 towns Department of Public Works has developed the plans for improving the towns 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 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 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. Zf 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 siteI 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 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 i Conclusion: i Accordingly, based upon findings, a motion was duly made and seconded that o ditions' - the followin . c n , Appeal No 1992 45 be granted with h g t 1. the applicant complete within one (1) fyear 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 Perm q y 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 r P (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 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 _ 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 Iry .•.ty. Address: 297 North Street, Hyannis, MA 026,01 ..TVk+fk Property Location: . 259 North street, Hyannis, MA. Propert stuartBo Address: Owners , 297 NorthrStreet, Hyannis, MA 026014 P 41 .; 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 ,Tune 22, 1994. The petition was heard by Board Members T. DeRiemer, D. Bliss, E. Nilsson, R. Jansson and Chairman R. Boy. ZBA' meetincr of June 22, 1994: Mr. Bornstein representing himself ie 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 --�,.,jeal 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. Rornstein. 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 yeav 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 a total of 79 parking spaces i 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 wisbas - 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 - Atpea Io. 1994-56 �. special Permit - Reduction of Parking: 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. Jansson 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. n 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 A.,jeal No. 1994-56 ,special Permit - Reduction of Parking: Bornstein 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 z - Decision and Notice A-, ea o. 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 tha this decision in the office of the Town clerk. l _ _ 07-14-94*r: 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 all under the pains and penalties of perjury. 01 Z Linda 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 adsecl=..Ithgt, the f ile number related to this case_ is . 1994-55 an �n fig"9..4. !S2)*, 1994-54 as stated -on the 'original Decision and Notice. - Diane D. Kentfield, Se�' retary Zoning Board of Appeals I -- - --- -- __ Town of Barnstable,_. ;' 0PIN .I t Zoning Board of Appeals 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 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 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. ll�lqq Gail ightingale, airman Date StPeA I Li a 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 thgown Clerk. Signed and sealed this eJ day o lZZ 19 ) under the pains and penalties of . perjury. B� o Linda Leppanen,Town Clerk 3 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I m DATA ti Town of Barnstable Zoning Board of Appealsg . ::` k - Withdrawn Without Prejudice -" � ` Appeal Number 1994-109 Variance; Bulk Regulations; Maximum Building Height Summary Withdrawn without Prejudice f 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 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�sfie.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. au G ' Nightingale Chairman Date igne I Li da 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 �n day of', 2�LL,f 19 ' under the pains and penalties of perjury. Lind eppane erk wn Cl AWL y� 1MA98' 2 . r' Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-107—Bornstein 1 .Modification of Special Permit 994-5 6 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 r 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 1 D f, 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 member 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 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 firs t 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. 4 0 . 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�-:--day of .under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 2 TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 308 073 002 GEOBASE ID 22042 ADDRESS 259 NORTH STREET PHONE Hyannis ZIP - LOT 6 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 13717 DESCRIPTION BASEMENT 1ST, 2ND 3RD FLOOR/B USE GROUP PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY BARNSfABLE. •' MAS& 1639. OWNER BORNSTEIN, STUART TRFp A ADDRESS TWO FIFTY--NINE NORTH ST TR 297 NORTH ST BUILD , Q VISIN HYANN I S MA BY DATE ISSUED 03/12/1996 EXPIRATION DATE TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARC:ET, -ID 0$ 073 002 GEOBASE ID 22042 ADDRESS 259 NORTH STREET PHONE Hyann ZIP LOT 6. BLOCK -LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 13717 DESCRIPTION BASEMENT, 1ST, 2ND, 3RD FLOOR,/B USE GROUP PERMIT TYPE k3C00 TITLE CERTIFICATE OF OCCUPANCY w CONTRACTORS: Department of Health, Safety ARCHITE<CTS and Environmental Services TOTAL FEES: INEBOND ' CONSTRUCTION COSTS . - $.Oq 'Tag. . C".EATIVICATE OF OCCUPANCY * �►ItNSTABLE, MA$S. t, z639. OWNER BORNSTEIN, STUART Tl� Ep�� ADDRESS TWO FIFTY--NINE NORTH ST TR 297 NORTH ST BUILDI 'D VIS, N HYANNIS - BY DATE ISSUED 03/1.2f 1996 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH-AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS 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 PLANS MUST 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 OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 . 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL 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. BUILDING PERMIT �I P. 1 Communication Result Report ( Ju1. 31. 2015 9:24AM ) 2 Date/Time: Jul. 31, 2015 9:23AM File Page No. Mode Destination Pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 1977 Memory TX 95088624724 P. 4 OK ---------------------------------------------------------------------------------------------------- Reason for error E. I) Hang up or line fail E. 2) Busy E. 3) No answer E. 4) No facs imi 1 e connect ion E. 5) Exceeded max. E-mail size E. 6) Destination does not support IP-Fax Town of Barnstable 1 Regulatory Services Wd,.d V.S"%Meet. .eTa Building Division The—Perry,CBo,DuMng COmaw{an e 7u WnStreet Hym=gMA02601 V".Iewnbrt teh1*— OHiiae:508-862-4038 Fax:508-790-6230 a PLEASE FORWARD THE ATTACHED PAGE(S)TO: TO: ATTN: FAX NO: `D RE: qz7 FROM: DATE: 7(-1 PAGE(S): (INCLUDING COVER SHEET) �e.✓ze�� ��a- _1— �owU�_ (ts� �g9AS 46- �2ob(e��n dice �kf�tbL Rn:u190 i BIKE r� Town of Barnstable Regulatory Services MRNSTASMASSM� Richard V.Scali, Director i°TfDNtv�A Building Division Thomas Perry,CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: �e ATTN: ,L FAX NO: RE: ��`z- k FROM: DATE: `7 3 1t 5 PAGE(S): (INCLUDING COVER SHEET) Rev:121901 of r Town of Barnstable Regulatory Services " BARNSTABIA MASS. Thomas F.Geiler,Director 1639.�a`� Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 • Fax: 508-790-6230 September 13,2000 Stuart Bornstein One Financial Place 297 North Street Hyannis,MA 02601 Re: 259 North Street,Hyannis 123 School Street,Hyannis Dear Mr.Bornstein: There are several things that I need to bring to your attention as I leave my employment with the Town of Barnstable. You should address these items with the next building commissioner. The row of hedges along Rita Karath's property at 123 School Street must be installed. I understand that you have taken the position that she will have to take you to court. Our position is that you must install them. The property at 259 North Street needs some additional documentation before you can start the job. We need corroboration from our Legal Department that your project has indeed`begun' and therefore your special permit is not abandoned. In order for this to happen,you need to prove that the foundations in the ground were legally installed and are new foundations as you have told us. You also need to produce a legal opinion that the recent recording of your special permit is indeed not a problem from an abandonment standpoint. At this point,we must inform you that the foundation permit that was issued must not be activated until these items are resolved. I know that the files are old and many items that you refer to are not easy for us to verify. However,we must look at these situations the way we do all similar situations. :' Sincerely, c� Ralph M.Crossen Building Commissioner RMC/km g000913c 4� pEVE T Town of Barnstable Regulatory Services * BAMSTABLE, Mass.. Thomas F. Geiler,Director s6;q `0�' '°rFo 39 Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 March 29, 2005 Stuart Bornstein 259 North Street Real Estate Trust 297 North Street Hyannis,MA 02601 RE: 259 North Street,Hyannis Dear Mr.Bornstein, This letter is a follow-up to our conversation regarding the posting of a Stop Work Order on March 25, 2005 at the above referenced property for construction in the third floor attic area. This building has been the subject of a number of special permits in the past. Last year relief was requested under special permit appeal#2004-39 to use&occupy the third floor attic area. After much discussion with the Zoning Board of Appeals regarding the previous special permits and previous attempts to gain relief to use this space,it was your decision to withdraw the request for relief without prejudice at the public hearing. One of the issues at the hearing that was discussed at length was the fact that this building exceeds the floor area ratio allowed in this zoning district. This is one of the reasons for the Stop Work Order. To come into the Building Department and obtain a permit with your full knowledge of the past history of this locus is certainly disingenuous. Building Permit#79682 has been rescinded and voided due to the lack of relief from the Board of Appeals. We regret any inconvenience this may cause to yourself or your client. You may appeal this decision to the Zoning Board of Appeals. If you wish to do so please contact this office at 508-862-4038 so that we may assist you. Sincerely, n Tom Perry Building Commissioner f DOLLY 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 ours, Edwin E. Taipale Enc. cc: Dr. Chaturvedi ,/ �, i �;� � .; � �_ � �,� i 1 r� . 4„��^ � f�' r., �'� I III \\`, _ ,�,. �� ' ;.`"�-� Win;"'k� �\,,,��� Lr.:>• w .� �_ � -� ���, r � • i � I I re F 1 r 7` • 1504iM7' ry! l} r Ti 45 x l-lo-6 C)lb I . A) ' Hyannis Main Street Waterfrontf lip! B P 11 i .,,, ,,� : Historic District Commission " +',;`",'aSb. 230 South Street Hyannis,Massachusetts 02601 _ TEL: 508-8624665/FAX: 508-862-4725 Application to Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate,for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES-THAT APPLY: 1. Exterior Building Construction: ® New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ® Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fer= ❑ Wall ❑ Flagpole Cl?-Other 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) l TYPE OR PRINT LEGIBLY DATL30ctober .13," 2000 ASSESSOR'S MAP NO. 308 ASSESSOR'S LOT NO. 73-2 APPLICANT 259 North StreetLimited Partnership TEL.N0508-775-4200 APPLICANT MAILING ADDRESS 29 7 North Street, Hyannis, MA 02601 ADDRESS OF PROPOSED WORK --59 North Street, Hyannis, MA PROPERTY OWNER 259 Nnrth Rtrept T imi tPd PartnerTEL.NO.508-775— 42nA OWNER MAILING ADDRESS 259 North Street, HyaMis, MA 02601 FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent LAI property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary). See attached sheet S AGENT OR CONTRACTOREdwin E. Taipale, Esq. TEL.NO.508-775-4200 ADDRESS c/o Holly Management and Supply Corp. , 297 North Street, Hyannis, MA 02601 DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation,chimney,siding, roofing,roof pitch, sash and doors,window and door frames,trim, gutters- leaders,roofing and paint color,including materials to be used,if specifications do not accompany plans. In the case of signs, give locations of existing signs and-proposed locations of new signs. (Attach additional sheet,if necessary). construction of an 8,000 s.f. one level offico building with a red brick and cedar shingle exterior. See specifications and plans attached to this application. Signed._a&v Geftft Agent SPACE BELOW LINE FOR COMMISSION USE Received by HMSWHDC Date �'� LQ Time. _ OCI _i This Certificate is hereby By ,��O c g ARNSTABLE `� � tCru , TtL� Date V Signed 04PORTANT: If this Certificate is approved,approval is subject to the 20-day appe rio r i the Ordinance. CONDITIONS OF APPROVAL: lkear- i'C. S a T/fin Luw Cq p i,nq l�t.�sy7 /� C�..��t�4 ���-ec.k-e. g 7.tJ,G2�.e..., r/o-n.� `7��`ePZ2 a--e� -k"4 t L a�/ �u-�.-�, �� as �zizZ Le -� �a np�sc�, Gyi®�aY� Cprb/.' S,• G(Not'e &A, ' ^� 'L✓ r'Gli to i Y/ ki"t --ate . r c�Ce-e �,.� � G d-a.►�, Ufa 41rnPlId a-d Leo f eIC14"C2 s r" Fy HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION *** SPECIFICATION SHEET*** ADDRESS OF PROPOSED WORK 259 North Street, Hyannis FOUNDATION concrete slab SIDING TYPE red brick and cedar shingles COLOR red/natural CHDANEY TYPE none COLOR ROOF MATERIAL asphalt shingles COLOR gray PITCH 9 - 12 pitch WINDOW Anderson double hung COLOR white TRIM COLOR green and burnt orange DOORS commericial glass and aluminum COLOR q r•een Iwrl;»vwr r. SHUTTERS none GUTTERS aluminmum DECK none GARAGE DOORS none COLOR NOTES: Fill out completely, including measurements and materials/colors to be used Three copies of this form are required for submittal of an application,along with three copies each of the plot plan,landscape plan and.elevation plans,when applicable.The Plot plan need not be"Certified",but should show all structures on the lot to scale. 1 N80' 9p '50" R 107.94• E N� T1j ST APPROX. BLDG. N 1 N LOCATION v ` o U, 0 0 M z } N F 00 o Q S69'34'30"W 60.00' z L.C.PLAN D 8094-C LOT 6 m LOCUS I HEREBY CERTIFY THAT THE CONCRETE FOUNDATION SHOWN ON THIS PLAN IS LOCATED ON THE U) GROUND AS SHOWN HEREON. 7.9' 4.9' m Of k LZ o� A E ti z CONCRETE FOUNDATION DATE REG. STE i OR t LANO CER TIFIED PLOT PLAN `� N � J PREPARED FOR THE PURPOSE OF OBTAINING 1.4' co o A BUILDING PERMIT ONLY. NOT FOR ANY OTHER USE. z o q N O cn N/F TOWN OF BARNSTABLE LOCATION 259 NORTH STREET n o (HYANNIS) BARNSTABLE, MA SCALE : 1 " = 60' DATE : 1 1 -14-00 1.3' DEED REF. CERT. 124887 ASSESSORS MAP 308 PARCEL 73-2 3.1 11.6' PLAN LCP 8094-C PREPARED FOR: BORNSTEIN PROPERTIES z N N 01 o OI Do � off 508-362-4541 55.36' fox 508 362-9880 N68'55'20"E down cape engineering, inc. 60.83' CIVIL ENGINEERS LOT 5 LAND SURVEYORS 939 main st. yarmouth, ma JOB # 94-1 1 1 MAIN ST. FILE No.354 05/24 '01 Af 1 11:51 I D:BORNSTE I N CONPAN I ES FAX:5T67756526 PAGE 1 ru'rs It 3P. ]saUS0 AUSC)CIATIDS, sX40P. S T X a iT. •YO N®WAY WI4AdAMAHU��7T� ®slog TPtd, 4m/1,011oa VAX 41S8.4140 May 24, 2O0) VIA, FACSIMILE No, (508) 790.6231) ,rown of 84rnstable Attention: Wberr( 1ACOffer, fncerim Building Cornmissivner 367 Maid 5trcct Hyannis, MA 02601 Re: 259 Sraall Office Building 259 North Street HYaf tis, MA 02601 ')Car Mr, "6110011br: hereby c.crti to the best of my knowlodsc, information and. hellef that the i ionsstruction work done on the above referenced project as shown on,-plan: dr4.wn !;y this Office, has been done substantially its I aendolied plane° c�0nibrtxuty with'the above- "'his carnif eadon is based on regular inspections which I rAude at t1la site wflile the c onstnuctian work was irn progress. I Jlth regards to the engineered wood trusses supporting the air condition units,be s lfvised that the bottom ohordi of the trusses were specifically designedd, for the ®aperimposed loading of A.C, u,nim S incerciy, pit 7M:Vf TOWN OF BARNSTABLE I TEMPORARY & CONDITIONAL CERTIFICATE OF OCCUPANCY PARCEL ID 308 073 002 GEOBASE ID 22042 ADDRESS 259 NORTH STREET PHONE HYANNIS ZIP LOT 6 BLOCK LOT SIZE T DBA DEVELOPMENT DISTRICT HY i PERMIT 53600 DESCRIPTION Work under bld pmt 048430 (subj to ZBA cond)� PERMIT TYPE BTC00 TITLE TEMP. OCCUPANCY PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND 00THE CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE * BARNSTABLF, Subject to Historic conditions (including lighting) 16- E� A MA'S c B D I ISION BY DATE ISSUED 05/25/2001 EXPIRATION DATE 06J19 2001 \'. R• A -TOWN V3.'^ P BUILDING,*PERMIT PARCEL -ID 308 073 002 GEOBASE ID 22042 hDDRESS 289 NORTH STREET PHONE HYANNIS ZIP SOT r BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY 'PERMIT 48430 DESCRIPTION MODIFY XSTG FOUNDATION/CONSTRUCT 1 STORY B PERMIT. TYPE BUILDC TITLE COMMERCIAL BUILDING 'ONTRACTORS: ROBERTS, MICHAEL Department of Health, Safety �RcxlTZcT S: and Environmental Services l'OTAI' FEES: , $5,368.00 ;0ND THE $.00 Ox ;ONSTRUrT rr)N CC.bT S $880,000.00 r 324 PROF, BANKS, OFFICE BLDG 1 PRIVATE Pff-*JEs'° * HARNSPABM MASS. 1639. BUILDING DIVISION DATE ISSUED '09/06/2000 EXPIRATION DATE `�"` .01 t,('[S i r} 'ATr is 3t1 I l:I?! l Department of Health, Safety and Environmental Services 8.Uo * BARNSTABM # MASS. 039. ED N11�►� BUILDING DIVISION BY t THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS 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 PLANS MUST BE RETAINED ON JOB AND -WHERE APPLICABLE-tS:EPARATE 1.FOUNDATbNS: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 OCGU--,:- ELECTRICAL PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE: ANICAL INSTALLATIONS ' 4.FINAL INSPECTION BEFORE OCCUPANCY s • ft ® ® e s BUILDING INSPECTION APPROVALS " PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS ( Y fI-VIIv�z-fQ 0V/X �y h� +.x1fQG2 2 2 j- _5 0 ( �c�.•,�_ 3 s!9' 1 ATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 2S'_�, BOARD OF HEALTH _Iry 5„ . OTHER: QK SITE PLAN REVIEW APPROVAL w(4kEz1 UK SEE LETTER DATED 10/13/00 REGARDING "CONDITIONS" Certificate of Occupancy 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-AROV,E. ,� • - - �'"" "4` TIQN. I I I I I I I . II I I I I J ' ' inn �� '19e XM4&a • ` Z iAHllllAHLrr �O 1619. 0 yAV 367 Main .treat, .J'drnnu, Mam. 0260/ 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 r G 'Lorns�ei'n' c' ompcinleg 2Q7 nor sL-m—o:, kL ctn +is,ma o?6oi tclepkanc (3108) 775-Q31� Fax (504 775.6526 rACSIMILE TRANSMISSION COVER ;,iIiEET TO: �. FROM: NU14BER .0r PAGES (INCLUDING THIS SAGE) : 4 XF, RECEIVER DOES NOT RECEIVE ALL PAGES TRANSMITTED, PLEASE CALL (503) . 775-9316 IMMEDIATELY. MESSAGE: is POWER OF ATTORNEY TO SELL READ ESTATE SHAWMUT BANK, N.A. , (the "Bank") a national banking association duly established under the laws of . the united States of America, successor by merger to shawmut Bank of Southeastern Massachusetts, successor by merger to Shawmut Bank of Cape Cod, N.A. , and having its usual place of business at 333 Central Avenue, Johnston, Rhode Island, doe, hereby constitute and appoint DIANA M. DUCHARME of Cranston, Rhode Island, its true and lawful attorney, with full power of substitution and revocation, for it and in its name, place and r stead to carry out the provisions of t#iat certain agreement by and between the Bank and STUART BORNSTEIN, Trustee of Two Fifty Nine North Street Real Estate Trust, a Massachusetts trust under Declaration of Trust dated July 31, 1991, with a mailing address of 297 North Street, Hyannis, Massachusetts (the "Buyer" ) ;for the sale of real estate and improvements located at 259 North Street, Hyannis, Barnstable County, Massachusetts (the "Premises") to the Buyer, and in connection therewith to receive, cash and endorse or deposit checks payable to the Bank; to demand, collect, give receipts for and disburse any monies which may be or become due to the Bank, to pay or bind us to pay fees, Costs, commissions, premiums of insurance and to accept delivery of any documents in connection therewith; to sign, seal, acknowledge and deliver in the Bank' s name as its attorney, any affidavit, statement, certificate, any _ WO T T_:T T Z.66 T 'T . 'D3G _ _ _ :-13l W�'�� I modification of said agreement and any deed, release, receipt, agreement or other document in any way connected with the carrying out of said agreement or any modification of said agreement, and generally to do anything and everything necessary or incidental to or in any way connected with the sale of the premises, it being intended to give and hereby giving and granting to said attorney full power to do and perform any act or thing whatsoever necessary or requisite, or which shall seem to said attorney to be advisable to be done in connection with the foregoing, as fully to all intents and pprposes as the Bank might or could do if personally present, hereby ratifying and confirming all that said attorney shall A R lawfully do or Cause to be done by virtue hereof, and no person dealing with said attorney shall be obliged to inquire into the authority of said attorney, all actions of and documents executed by said attorney being conclusively presumed authorized hereby. IN WITNESS WHEREOF, the said Shawmut Hank, N.A. has caused its seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Joseph Dabek, its Vice President hereto duly authorized, this L4 day of November, 1991 �. ­.Q'__ 6, Jose !Da k vice(.President -wL•TT _-r-i=GT .T R----- _ i,in:�4a - i STATE OF covNTx of In ���f�:(1 (C � , in said County, on the . �� day of November, 1991, before me personally appeared the within-named Joseph Dabek, to me known and known by me to be Vice President of, and the person executing these presents in behalf of Shawmut Hank, N.A. , the party executing the foregoing instrument, and he acknowledged said instrument by him so executed to be his free act and deed as such Vice President and the free act and deed of said Shawmut Hank, N.A. Notary public My Commission Expires :T`(AQ_ 239DMD 3 I Town of Barnstable Planning Department ..........: . . .. otex tI., ;S��e Plan Reu�ew; C+�mmea�s:' ****************************SHORT FORM***************************** To: Joseph Daluz, Building Commissioner November 17, 1993 From: Robert Schernig, Director Arthur Traczyk, Principal Planner David Palmer, Assistant Planner �DP Re: Stuart Bornstein Trust, 259 North Street 1. Reference: Map 308/072-2 B Business District a) . Originally known as the "William's Building" , built in 1978. b) . Was the only one ( 1) built of three originally proposed. c) . Appeal No. 1993-45 concerning this project: Denied. 2. The Special Permit issued by the Board of Selectmen on August 8, 1985 has expired: a. Under State Zoning Act, M.G.L Chapter 40A, Section 9 re lapse of a special permit after two years of no activity called for by the special permit; b. Under the Town of Barnstable Zoning Ordinance, Section 5-3.3 13) "Period of Validity" : where a special permit shall become invalid twelve ( 12 ) months from the date of issue unless constructoion work has been initiated. . . . . . 3. Recommend that any new proposal for construction on this site proceed under the current established approval process: . a. Request Site Plan Review by Town under provisions of the Zoning Ordinance, Section 4-7; b. That the Applicant be prepared to expect a determination that an appeal to the Zoning Board of Appeals will be required for a new special permit, or in the alternative, a modification of the previous Special permit depending upon the nature of the new proposed work. Attachments: None Lorns�ein C and - , o m� cs t• 2Q7 nortk sL-mcL-, kyannis,n%A O26oi {:ctophonc (Cow"') 6ib' .. ]:'l1(,".:,;T:MX'f,,P,; TON C"OV1;I2 I-fEL•T TO: Joseph D. Da Luz .1127194 Building Inspector nrn 775-13da Stuart Bornstein FROD1: Stuart Bornstein NUMBER OP PAGES (INCLUDING THIS PAGE) : 1 IF. RDCliIVER DONS NOT RECEIVE ALL PAGES TRANI�MITTZD, VLZASE CALL ( 508) 775-9316 IMMEDIATELY. MzrSwACE THE PERSON AT F'.D.I.C. ZN WESTBOROUGH, MA .rS STrum GREENBERG. HE KNOWS WHAT IS HAPPENING ON RAMADA. HrS FA4Y NO. IS (508) 389-5191. J 1 e I t A205- 0-73,000Z .IOS FPHD. DALuz XJ1KIE A*WVXR))7#xkk?&x Buildidinngg Committiontr EXT. 107 xxxxxxxxxx TELEPHONE 508-790-6227 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 17, 1991 To Whom It May Concern: RE: A=308-073.002 Barnstable Building Permit #31389 259 North Street, Hyannis 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, d� eph Building Commissioner JDD/gr Assessor's offioe (1st floor): I Assessor's map and lot number Board of Health (3rd floor): Sewage Permit number ........................................................ S Z 33ASa9T4DLE, Engineering Department (3rd floor): NAB& House number ............................... 0 79• 9 APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ........ � .:?. !.. '.f '... ........................................................................................ TYPE OF CONSTRUCTION ......�'`�?.. ................�.... ...........19.0_ ICJ THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .........7 A-ld L.- � e 4 �7`z- e i— ?h vt/S' M,z oL S 0 .................................................... ................. ........................................................................................... ProposedUse ..........................................................................................................................................................................;,%. . Zoning District ..............+........... Fire District ..... ../�... '. .•.. r ,� '/�' 5r L Cti L Name of Owner .. ..:— :............................................::..Address ................. �h Name of Builder ....... .. ..................Address .. .....�.. ...................... -.. Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms ..................................................................Foundation .............................................................................. Exterior ....................................................................................Roofing ................................................................................ Floors ......................................................................................Interior .............. fHeating ..................................................................................Plu.mbing .................................................................................. .w Fireplace ..................................................................................Approximate Cost .................................................................... Definitive Plan Approved by Planning Board ________________________________19________ . Area .......................................... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH f�. OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding thea I. bove construction. . Name .v.l....r..!�....,,�.........r"t„�:..:.................................... Construction Supervisor's License .................................... FLFMING, PAUL JR. A=308-Ct73-002 + No „30300 Permit for .,,.Demolish Bldg. Frame ......................................................................... Location .........North Street ......................................... FiXanni s........................................ 1 Owner Paul Fleming, Jr. .................................................................. Type of Construction ,.,,,Frame ................................ ............................................................................... Plot ............................ Lot ................................ I Permit Granted ....,December 17 , 19 86 Date of Inspection ....................................19 Date Completed ......................................19 n Id l .IOSFPH D. DALUZ Building Commissioner TELBPHONEt 775..1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNNW@ .MftTA8LE SELECTMAN J,'S OFFICE August 2, 1988 �8 AUG -2 P 4 :16 TO: Francis I. Broadhurst, Chairman Board of Selectmen cc: William T. Friel and Martin J. Flynn FROM: Joseph D. DaLuz, Building Commissioner ( �\ RE: The Williams Company North Street, Hyannis Attached please find information relative to the property located on North Street, Hyannis, as per your memo of August 1, 1988, i `4. I TO i BAIIITAEL • . 0�1 1619. Al 367Q;K Sl...l, .�lyunK;�, a�. 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 Towne 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, . Y Boa of Selectmen Town of Barnstable t 3 ' C % Oi poi % o/ Q/ oboe FB_R0GGSj Briggs Engineering & Testing A Divism OF PK Assocmm,INC. - OCT 2000 04 October 2000 Mr. Ralph Crossen Barnstable Building Commissioner Barnstable Town Offices 367 Main Street - Hyannis, MA 02601 tRE:.259•North,Street;M.Hyanius,MA Dear Mr. Crossen, This letter shall serve to verify that Briggs Engineering and Testing has been retained by Holly Management to provide independent quality control construction inspection and material testing services,oh tli&.Subject=pigee6tJ f;= U t<.. These services shall be performed in accordance with the Structural Engineer of Record's (SER) Schedule of Special Inspections and the latest edition of the Massachusetts State Building Code. Holly Management shall notify and direct us when they are ready for inspection and/or testing services. Please call me if you have any question or concerns. Very truly yours, BRIGGS ENGINEERING AND TESTING A Division of PK Associates, Inc. / =�-_� Kenneth M. Oliver Executive Vice President ec:<Mt Stuart Banistiii, >`lcilly Management via fax (508) 775-6526 M .`i :f.:,. %,.._ r .• . ,. - 100 Weymouth Street- Unit B-1 100 Pound Road Rockland,MA 02370 Cumberland, RI 02864 Phone (781) 871-6040•Fax(781) 871-7982 Phone (401) 658-2990•Fax (401) 658-2977 �, ` FILE No.188 10/06 '00 PM 12:30 ID:BORNSTEIN COMPANIES FAX:5087756526 PAGE 2 FROM PHONE NO. DEC:. 15 1999 12:OePM P1 1pa'rU1t V. DIUM0 ASSOC1AIMINt, 1XC-- A'sLe zermQT® NlO17-Amfts 104! MAIM STR&NT, YT0K8NAY, MAGGAGMUSITT• 1* 488 Tel.. 496-9000 PAZ 496.5900 OcaobCT b,2000 Mr. Ralph Crossen Building Inspectur Town of Barnstable 367 Main Street Hyannis, MA 02601 Re:C20-B-Nort -8tr_set (amall office buiIding)dRy—min-il,MA 02601 Dear Mr. C:rossen: Please be advised that our ft m u111 be performirig the controlled construction field inspections during the constructlon phase of the above referenced project, We will be nmktng biro mthiy field inspections and'fYeld report$ Of the inspecdons will be forwarded to your office. 1f there are any questions regarding any of tlYt►above, please don't hesitate to call me. Siuce'rely, Peter F. DiMeo,Ali, Registcred Architect PFD4de FILE No.188 10/06 '00 PM 12:30 ID:BORNSTEIN COMPANIES FAX:5087756526 PAGE 1 7rnT,r,V MA.N,Ar'FM.V, r°►' t� 5CJ_l't'Ty_r'('!77.1'(1�t,1"I'T(�� 292 hforth Strer,_r, + Hmnis Mmuch geatts 67.6DI f5081 77S•9ti16 FAX MR)775,6576 y rn.X.TRANqnTTTT, T,.r_0V.r:.rt :STTY'rT Date: To; Fax Number: ' , From: L�ctcYrt-t�rr � 1�n.-r�l- —����'�.i✓� . Subject: 0 rT_ ann� � Page(s) including cover sheet; Z f-�c✓c �s A- �@ q rnrr�i ✓tq I ryI 3) Period of Validity: A Special Permit shall become void twelve (12) months from the date of issue unless any construction work contemplated thereby shall commence and proceed in good faith continuously to completion, or, if no construction work is contemplated by the Special .Permit, the premises shall be open for business or in full use under said Special Permit. 4) Subsequent Amendments: Construction or operations under a building or Special Permit shall conform to any subsequent amendment of the ordinance unless the use or construction is commenced within a period of not more than six (6) months after the is issuance of said permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is ,_ := reasonable. -3.4 Variance Provisions: . The Zoning Board of Appeals may grant Variances as provided 'or within this Ordinance and in accordance with MGL Chapter 40A, 'ectionl0, provided that; �. 1) When an application for a Variance proposes a development or activity which would require Site Plant Review in accordance with Section 4-7. 3, the applicant should submit to the Zoning Board - of Appeals a site plan which has been reviewed and found approvable in accordance with Section 4-7 herein, subject only to the issuance of a Variance. (Amended 1017193 - Item #94 014 T. Council vote) . i'. 1 ( I {i i i i fI 1 I i 1 d i 09/28/00 TOWN OF BARNSTABLE PAGE 1 PROPERTY/PERMIT CROSS REFERENCE SELECTION CRITERIA: property.parcel_id=1308 073 0021 and permit.permit_type matches IB*1 ALL CONTRACTORS ---- PERMIT ----- MASTER NUMBER TYPE PERMIT PARCEL ID ADDRESS LOT/BLOCK DBA EXPIRED 12929 BSIGN 308 073 002 259 NORTH STREET 6 13717 BCOO 308 073 002 259 NORTH STREET 6 435421 BREMODC 308 073 002 259 NORTH STREET 6 36210 BPLUM 308 073 002 259 NORTH STREET 6 36382 BELEC 308 073 002 259 NORTH STREET 6 36708 BGASA 308 073 002 259 NORTH STREET 6 4556 BUILD 308 073 002 259 NORTH STREET 6 4585 BREMODC 308 073 002 259 NORTH STREET 6 4596 BELEC 308 073 002 259 NORTH STREET 6 4598 BELEC 308 073 002 259 NORTH STREET 6 4602 BELEC 308 073 002 259 NORTH STREET 6 c4603 BUILD 308 073 002 259 NORTH STREET 6 4605 BSIGN 308 073 002 259 NORTH STREET 6 48430 BUILDC 308 073 002 259 NORTH STREET 6 RUN DATE 09/28/00 TIME 05:57:53 PENTAMATION - PERMITS MANAGER FROM PHONE NO. DEC. 15 1999 12:09PM P1 pB'Y`U$ V. DYUSO ASSQCIAT7,$• YSC. AJILCHITaCTe $S� *Itffi��LS J0lp MAIN STAGET. STONEHAM. MA98AOHU$6TTS 92180 TEL. 430-0000 FAX 428-6940 OCT a 2000 October b,2000 Mr.Ralph Crosser BLllid1ng Impectur 'Gown of Barnstable 367 Main Street Hyannis, MA 02601 Re: 259 B North Street (small office building),Hyannis,MA 02601 Dear Mr. t:rossen: Please be advised that our f`irrn will be performing the controlled construction Meld inspections during the construction phase of the above referenced project, We will be making bimonthly field inspections and'field reports of the inspections will be forwarded to your office. If there are any questions regarding any of the above, please don't hesitate to call me. Sincerely, Peter F. DiMeo, AIA Registered Architect PFD/ldc N8 0 9p io, 5p„E.94. NOR TH S7; APPROX. BLDG. N LOCATION n �I o Cn 0 0 _ m z N CO O - ?} O co OI Q S69'34'30"W 0 60.00' ? L.C.PLAN 8094-C 0 m LOT 6 m LOCUS I HEREBY CERTIFY THAT THE CONCRETE FOUNDATION SHOWN ON THIS PLAN IS LOCATED ON THE N GROUND AS SHOWN HEREON. 2`9 4.9' a m Of oa A E ti Z kv, CONCRETE a 1� � _ ---- FOUNDATION ------1 ------ - IN DATE REG. ST > OR I WO y CER TIFIED PLO T PLAN � w PREPARED FOR THE PURPOSE OF OBTAINING C°`0 1.4' o A BUILDING PERMIT ONLY. NOT FOR ANY OTHER USE. z o N O ui N/F TOWN OF BARNSTABLE LOCATION 259 NORTH STREET ° o (HYANNIS) BARNSTABLE, MA SCALE : 1 " = 60' DATE : 1 1 -14-00 1.3' DEED REF. CERT. 124887 ASSESSORS MAP 308 PARCEL 73-2 3.1 11.6' PLAN LCP 8094-C PREPARED FOR: B ORNS TEIN PROPERTIES z N N O�� O off 508-362-4541 55.36' fox 508 362-9880 N68'55'20"E down cape engineering, inc. 60.83' CIVIL ENGINEERS LOT 5 LAND SURVEYORS 939 main st. yarmouth, ma JOB # 94-1 1 1 MAIN ST. slona Affordable Housin f-ee /nclu ry - Residential Commercial** • LNi,:�1 � r v Property Owner's Project Location 2 -5 Project Value ` ��� Permit Numb **Existing Sq. Ft. **proposed New Sq.Ft. - �U Fee IAHFOR:tii 113100 308 UU4 87 u() ��.. ,, vuv 90 01 100 308 007 B30861 04 AC HY REROOF N . 20,000 B37684 95ADY 00 00' 000 309 017 B30233 86 11 AD HY 2 BLD D 0 00 -00 000 ' 309033 D HY.2 BLDGS 500,000 88 08 N 00 00 000 308 037 B32166 NC Hy AUTO DL N 25,000 B3235T 88 10 00 00 000 ]' 308 037 ' 833945 90 09 AC HY CANOPY N 50,000 000 308 039 89 US AC. HY ADD'N 350;000 00 00 B32904 HY 26 RMS. N 00 00' 000 308041 g29973 86 09 AH N 60,000 100 308 049 AEI HY REMODEL 50,000 GB '95 01 000 B34999 92 04 MODEL N . 00 00 1 309049 All Hy RE 10,000 B37273 94 11 AC Iiy REMODEL N 00 00 000 ' 308049 B29768 86 08 N 70,000 01 100 308 053 87 12 AC HY ADD'N 2;000 GB 96 B31510 Hy ADD'N N 00 00 000 " 308 053 95 Ol AC N. 15,000 000 ` 308 053 B37399 AC HY ADD'N 3,500 00 00 92 03 N GB 95 OI 100 ' 308 061 OOA B34908 91 04 AC HY ADD'N .I,500 100 ' B34263 LIy ALTER. N 01 308 062 B36522 94 03' AC N 3,500 GB" 96 03: 100 308 062 AC HY RENOVAT 4,200 . LK 91100 B37423 95 02 ROOF N 'GB 95 01 308 062 B33844 90 . 07 AC HY N 5,000 03 ?, 100 309 063 AC HY ROOF N 500 LK 91 a 308 067 B37331 94 12 Op 00 000 k' B33791 90 06, AC HY DOOR N g,000 000 308 068 AC HY REMODEL 20,000 00 00 B35129 92 :06 Hy ALTER. N 100 308 068 90 1 I A 20,000 GB 94 01 100 B34047 AC HY ALTER N GB 95 01 308 069 001 B35904 93 OS N 25,0000 'AM 87 01 100 I 309 071 94 04 AC HY ALTER. D 000 308 071 B36626 86 12 D HY BLDGS. 900,000 ,00 00 73 002_ B30300 N LK.91 03 050 ' X3� 31389 97. 11 NC HY OFFICES N 500,000 .00 00 000 308`U73TO02 88 08 NC HY OFFICES " N 60,000 000 308 073 002_ B32:72 10 . AC HY ALTER. 42,000 00 UO �" B371.43 94 HY REFACE N00 00 000 073 O�O�_B30341 86 12 AC N 24,000 100 308-074 03 AC HY REMODEL 78,000 GB 94 01 ' B32751 89 N 01 100 308 074 93 06 AC HY REMODEL 0 GB 96 100 ' + 308 074 B35990 06 AC HY TEMP N 7,000 LK 91 01 308 075 8029 ` 95 AC HY ALTER. N 0 XX 00 00 100 90 05 N 308 075 B33758 Op 00 000 ' AG HY 50 000 B24339 82 09 , N 00 00 000 308 077 86 09 AC HY ADD'N N 55,000 000 'I B29903 Hy ADD'N 00 00 308 078 ' 12 AC 12,000 ' 308 078 B30279 86 AC HY ADD'N N 309 078 B33522 90 02 Page 229 t. ��`a� _ tta• R§er+t .t� "t• ��,,� i;�¢s'' k � 'r ua k �.�: t � i �^"" d g'i� a,ra..�+�h� s�sr�^{7}� _•r* Y °C ,gt�'r p�� �'va ` '� ,M4AF- 'f• 4r,yid' Af ..�'{�FR`.�, }•�` -b Jh - 6 &.aqy�` 'A^� TIT , -E !..y .m is ; 3 e«n x w '" t fe -•# t k v {y✓� ,k'v m �. ,�a �'� � J�.,^0r. "�� r; ,yt x�� �� r � �� ¢`.v w° f,� a ` � _, oFt1HE tqy, � 6c Town of Barnstable �' 16 `s B"NSPABLFw : Department of Public Works 8,� MASS'1639. Engineering Division ♦0 '°tFo►wa'�a 367 Main Street,Hyannis MA 02601 Office: 508-862-4086 Thomas J.Mullen,Director Fax: 508-862-4711 Robert A.Burgmann Town Engineer DATE: October 31, 2000 E TO: Elbert Ulshoeffer, Building Commissioner THRU: Thomas Mullen, DPW Superintendent THRU: Robert Burgmann, Town Engineer )�� FROM: Stephen Seymour, P.E., Project Engineer SUBJECT: 259 North Street, Hyannis - Map 308 Parcel 073.002 I am writing to make you aware of a zoning board of appeals special permit condition and a site plan review condition from 1994 that required the submission to the Site Plan Review Committee of a landscape and sidewalk plan for the subject property. At this point in time there does not appear to be such a plan. I respectfully recommend that before proceeding further with the project a landscaping and sidewalk plan be prepared by Mr. Bornstein (the applicant) and submitted to Site Plan Review for review and approval. A plan is needed to work out details of the proposed landscaping and the location of the sidewalk. As you may be aware I am managing a construction project to install a sidewalk and street furnishings from the parking lot to Main Street. The applicant is required to link the parking lot with Main Street. He therefore may be responsible for some of the costs of the Town project. Additionally the two projects need to be physically connected. The project I am working on has already been approved by the Hyannis Waterfront Historic District and construction is well underway. I understand that Mr. Bornstein's project is scheduled to be reviewed by the Hyannis Waterfront Historic District tomorrow night (11-1-00). It appears that a substantial portion of the sidewalk will be placed within the Town owned parking lot as there is not enough room on the applicants property. Zoning Board of Appeals Conditions (Appeal No. 1994-56) The following conditions of the 1994 special permit are applicable to the sidewalk, curbing, and landscaping requirements: 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. � lj 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. Site Plan Review (Number 22-94) The site plan for this property was approved conditionally by site plan review subject to a requirement that "A detailed landscape plan, shall be filed with and approved by the Site Plan Review team prior to issuance of a building permit". I I 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 September 14, 2000 Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, ?`✓1rA 102601 Re: 259 North Street Special Permit 1994-56 Dear Mr. Crossen: It is my understanding that a question has arisen regarding the status of the above— referenced special permit. Special Permit 1994-56 was granted for relief from the parking requirements of the Barnstable Zoning Ordinance to allow 32 on-site spaces rather than the 79 spaces which would otherwise be required for the property. This was a 47 space reduction. The special permit specifically applies to both the existing 14,244 s.f. office building and the proposed 8,000 s.f. one- story building. The reduced parking has been used continually since the special permit was granted, in connection with the existing building. Clearly,there has been no abandonment of the parking use authorized by the special permit, as it is required by the existing building. While G.L. c. 40A s. 11 (The Zoning Act) states that no Special Permit shall take effect until it is recorded, it does not necessarily follow that the permit lapses if it is not recorded. Another section of tree Zoning Act deals with the lapse of a special permit. G.L. c. 40A s. 9 states that a special permit shall lapse if""substantial use"has not commenced within the time specified in the by-law, not to exceed two years. Barnstable zoning says that a special permit will be void after 12 months unless "the premises shall be open for business...under said Special Permit." Since the existing building has been open for business since the special permit was granted, and requires the special permit for its parking, there is no lapse of the special permit pursuant to the Barnstable Zoning Ordinance. The special permit has recently been recorded, and I enclose a copy of the recorded permit for your file. As it is now fully effective pursuant to the Zoning Act I believe that it can be relied upon by the building department in not requiring additional parking in connection with the constuction of the second building. As stated above, the special permit has been utilized since it was granted so it has not lapsed. Please contact me if you have any questions in connection with this matter or require any additional information. z yours,Taipale Enc. f HOLLY MANAGEMENT & SUPPLY CORPORATION 297 North Street Hyannis,Massachusetts 02601 (508) 775-9316 FAX(508)775-6526 i September 29, 2006 Elbert Ulshoeffer Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 259 North Street Special Permit 1994-56 Dear Mr. Ulshoeffer: I am writing in furtherance of discussions and communications subsequent to our letter of September 14, 2000. 1 understand that there remains a question as to the "substantial use" of the special permit granted in 1994 (Special Permit 1994-56). That special permit was approved as a modification of a prior approval in 1992 in which two additional buildings of two stories each were approved. The two foundations were installed pursuant to that prior permit, and these foundations are still in place on the site. The 1992 ZBA decision authorizing the construction of these two buildings also included a payment to the Town of Barnstable of$10,000.00 by me. If the 1994 special permit is deemed to have lapsed,the status of the 1992 permit then becomes an issue, as that permit was exercised, construction having commenced and a substantial payment to the town having been made. However, a review of the facts makes it clear that substantial use of the 1994 special permit has also been made. Please consider the following: l. Condition# 6 of the 1994 special permit required a 5 foot wide concrete sidewalk, which was constructed in front of the foundations. This was done soon after the approval. 2. Condition# 7 required curbing on the edge of the public parking lot with proper handicapped cuts. This work has also been done. .3. Condition#8.required landscaped areas with five 2 inch caliper trees. These are also in place. 3. Finally, condition#1 authorized the reduction of the required parking to the. parking that is now being utilized on the site by the office building which faces North Street. As previously stated in our letter of September 14, 2000, it is this reduced parking use which required the special permit, and it is this use which has been continually utilized since the special permit was granted. When considered along with the above r referenced work it is clear that the special permit has been utilized in a substantial manner and on a continual basis since it was granted. Of course, it is important to keep in mind that a determination that the 1994 special permit remains in effect will insure that the 1994 plan is implemented to construct a single 8000 square foot building, as opposed to the two prior buildings which were begun,totaling 10,000 square feet. As was determined in 1994,this project is in the best interests of the town. As stated above, many of the 11 conditions of the 1994 special permit have been complied with, in whole or in part. It is only the issuance of the building permit itself for the 8,000 square foot building that impedes the full implementation of the remaining conditions. Please contact me if you have any remaining questions in connection with this matter. Very truly yours, Stuart A. Bornstein Enc. y BAMRrABL6. MARS � 1659. pTFD MA'S a Town of Barnstable Zoning Board of Appeals Notice of Withdrawal Without Prejudice Appeal 2004-39 — Chaturvedi Special Permit- Section 3-2.3(3) Conditional Uses Medical Office Summary: Withdrawn Without Prejudice 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 Relief Requested & Background: The applicant in this appeal is seeking a conditional use special permit for a medical office use within the 0- 2 Office Zoning District. According to the application,the applicant is seeking to have a total medical office of 5,600 sq.ft. with 1,900 sq.ft. on the second floor of the building and 3,700 sq.ft. on the third floor(the upper half-story). According to the Assessor's record,the total building is 15,311 sq.ft. In addition,there is also a one-story office structure on the lot of 8,078 sq.ft. The area was rezoned to 0-2 by Town Council Item 2001-38 adopted on July 19, 2001. The existing medical office appears to have been established in January of 1999 as a professional office use known as "iStrategy Capital Partnership LLC. According to statements made at the Site Plan Review meetings, sometime after the tenant moved into the buildings,patient visits were initiated. Before 2001 the area was zoned Business B and permitted medical offices as-of-right, however,the site is subject to two prior special permits for the relief of parking: • Special Permit 1994-56 was issued for a reduction in the required on-site parking for both buildings. That permit allowed for a reduction of 47 parking spaces given the fact that public parking was available on the adjacent lot. The permit also imposed 11 conditions on the building and uses. Condition Number 3 of that permit limited the number and nature of the permitted office uses. Condition 3 read; 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." • Later,Appeal 2001-107 modified Condition number 3 of the 1994 special permit. That modification changed Condition number 3 to allow for an additional office suite in the second one-story 8,000 sq.ft. building. It did specify that, "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." Although silent on the bank and medical office use on the site, it appears to suggest that the prohibition on banks and medical use remains. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 13, 2004. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent J i r Appeal 2004-39—Chaturvedi Special Pennit-Section 3-2.3(3)Conditional Uses Medical Office to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 03, 2004 and continued to May 26, 2004, and to July 7, 2004, at which time the applicant requested and the Board granted a withdrawal of the appeal without prejudice. Board Members deciding this appeal were Randolph Childs, Sheila Geller, Jeremy Gilmore, Gail Nightingale, and Acting Chairman,Ron S. Jansson. Attorney Edwin Taipale represented the applicant, Dr. Chaturvedi. Mr. Taipale cited that the locus was recently rezoned to an 0-2 Office District that permitted medical office by special permit from the Board. The existing office of Dr. Chaturvedi is being operated as Nuspeech Communications. He and his wife are medical doctors and they see patients at the office. The proposal is to expand the medical offices onto the third floor of the building. Public comment was requested and no one spoke in favor or in opposition to the request. The Board questioned the use of the third floor noting that prior permits restricted the third level (the attic)to mechanical use only. The Board determined to review prior permits before going forward. This matter was continued to May 26, 2004 and then further continued to July 07, 2004. At that hearing,Mr. Taipale and the Board discussed the relief needed which they tend to agree was to modify the outstanding permits issued to the property. At that point, Mr. Taipale requested that the appeal be permitted to be withdrawn without prejudice. Motion: At the hearing of July 07, 2004, a motion was duly made and seconded that the Board grant the applicant's ' request to permit Appeal 2004-39 to be withdrawn without prejudice. The vote was as follows: AYE: Randolph Childs, Sheila Geiler, Jeremy Gilmore, Gail Nightingale,Ron S. Jansson NAY: None Ordered: Appeal 2004-39 has been withdrawn without prejudice. 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. Jansson,Acting Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 2 THE COMMONWEALTH OF MASSACHUSETTS M MASSACHUSETTS GENERAL LAWS,CHAPTER 148 z .. WILLIAM FRANCIS GALVIN,SECRETARY OF THE COMMONWEALTH _ CHAP. 148- continued -y (d) The head of the fire department shall enforce the provisions of this section. The " provisions of section thirty shall not apply to this section. A.48:26K .Residentif hlwiLdangs rdunes;.tquWiugxhh..smakeAc*ctors upon sale or transfer. Section 26F. .All buildings or structures occupied in whole or in part for residential purposes and not regulated by sections twenty-.six A, twenty-six B or twenty-six C shall, upon the sale or transfer of such building or structure, be equipped by the seller with approved smoke detectors as provided in section twenty-six E. The head of the fire department shall enforce the provisions of this section. The provisions of section thirty shall not apply to this section. 148:26G. Buildings or additions; automahc'suppres§ant or sprinklersystems. 11 1 [Text through first paragraph as amended by 1991,`256 efi`ective March 29, 1995.] Section 26G. In any city or town which accepts-the.:provisions of this.section, every w. . . . building of more^t lan seventy=fivehundred"gross:square feet in floor-area or every'addition otm&6_;than seventy fve hundred..gross square.feet iri:floor .area shall be protected 1 • throughout"".with,.�'an:'adequate`system of_automatic,sprinklers in accordance- with the - provisions of the state building code;provided, however;that in the case;of said addition, _. such an adequate system of automatic sprinklers-,shall be installed in said addition only.. No such sprinkler system shall be required unless sufficient water and water pressure exists. Foro purposes of this section,the gross square feet of a building or addition shall include the sum a . total of the floor areas for all floor levels, basements and sub-basements, measured from outside walls,irrespective of the existence of interior fire resistive walls,floors and ceilings. This section shall not apply to buildings used for agricultural purposes as defined in section one A of chapter one hundred and twenty-eight. In such buildings or additions,or in certain areas of such buildings or additions,where the discharge of water would be an actual danger in the event of fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Automatic suppressant or sprinkler systems shall not be required in.rooms or areas of a telephone central office equipment building when.such rooms or areas are protected with an automatic fire alarm system. Sprinkler systems shall not be required in a one story building having a fire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. Sprinkler systems shall not be required in open-air parking structures, defined as:buildings, structures,or portions y: thereof,used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level,utilizing at least two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. l z- The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, 25 TOWN OF BARNSTABLE SITE PLAN REVIEW DATE: May 25, 1994 TO: Lt. Hubler & Lt. Chase, Hyannis Fire Department FROM: Kathy Maloney, Site Plan Review Coordinator RE: Site Plan Review File Number: SP-22-94 Applicant: Stuart Bornstein, Trustee Location: 259 North Street, Hyannis Proposal: Merge 2 foundations Please submit this form, with any comments or additional r'equirements .you may have re the above referenced application, to the -Building:Inspectorls -office by 6 10 94. I have the following/attached comments/requirements re this application for Site Plan Review. I do not have any comments/requirements re this application for Site Plan Review, at this time. ;;� (sign S 26 Pr" c" Jo Twv\(P � �C/NsC o Pscc�sss �(3l V FILE No.206 10/10 '00 AN 11:44 IMORNSTEIN COMPANIES FAX:5087756526 PAGE 1 iq [HOLLY MANAGEMENT 297 NORTH ST, FAX Cover HYANNIS, MA 02601 (508) 775-9316 PHONE Sheet (508) 775-6526 FAX Date: October 10, 2000 Number of pages (including cover): 2 SENT TO: Name: Elbert Ulshoeffer, Interim Bldg. Commissioner Company: Town of Barnstable Phone Number: (508) 862-4038 FAX Number: (508) 775-3344 SENT BY: Name: Stuart Bornstein Phone Number: (508) 775-9316 DESCRIPTION: Re: 259B North St., Hyannis, MA Attached is a letter from Peter DiMeo regarding the referenced project. FILE No.206 10/10 '00 All 11:44 ID:BORNSTEIN COMPANIES FAX:5087756526 PAGE 2 w, pET@R W. 01ME0 ASSOCIATgS, INC. ARCHITECTS ENGINEERS tOG MAID S7RIiMT. STUNPJiANt. ,�I�ggAC�it�SLf l`S 02160 TEL. 78l•y18r0440 i'AX 781-ad8.59,0 October l0, 2040 OCT 10 2000 . !���I rwr�e a4111�fARRPIRI�R� Elbert LTishoeffor, Interim Building C''ommissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 P,e: 230B North Street (small office building), Hyannis. MA 02601 Dear Mr. Ulsboeffer; Please be advised that our firni will be,performing the controlled cons-truction field inspections during 01e construction phase of th.e above referenced ptojF:et. we witI be making bimonthly field inspections and field reports of the inspections will be forwarded to your ofrico. If there are any questions regarding any of the above, please do not hesitate to call Si ly, Peter F. DiMeo, AIA Registered Architect PFD.jk oFIIHME . Town of Barnstable Regulatory Services awaxszasL ' Thomas F.Geller,Director MAS& 9 1659. ♦0 �''DrEo�•'�' Building Division • Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 13,2000 Stuart Bornstein One Financial Place 297 North Street Hyannis,MA 02601 Re: 259 North Street,Hyannis 123 School Street,Hyannis Dear Mr.Bornstein: There are several things that I need to bring to your attention as I leave my employment with the Town of Barnstable. You should:address these items with the next building commissioner. The row of hedges along Rita Karath's property at 123 School Street must be installed. I understand that you have taken the position that she will have to take you to court Our position is that you must install them. _ The property at 259 North Street needs some additional-documentation before you can start the job. We need corroboration from our Legal Department that your project has indeed`begun' and therefore your special permit is not abandoned.-In-order.for.this to happen,you need to prove that the_foundations in the . ground were legally installed and are new foundations as you have told us. You also need to produce a legal opinion that the recent recording of your special permit is indeed not a problem from an abandonment standpoint. At this point,we must inform you that the foundation permit that was issued must not be activated until these items are resolved. I know that the files are old and many items that you refer to are not easy for us to verify. However,we must look at these situations the way we do all similar situations. Sincerely, Ralph M.Crossen Building Commissioner RMC/km g000913c. r 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 September 14, 2000 Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis,MA 02601 Re: 259 North Street Special Permit 1994-56 Dear Mr. Crossen: It is my understanding that a question has arisen regarding the status of the above— referenced special permit. Special Permit 1994-56 was granted for relief from the parking requirements of the Barnstable Zoning Ordinance to allow 32 on-site spaces rather than the 79 spaces which would otherwise be required for the property. This was a 47 space reduction. The special permit specifically applies to both-the-existing 14,244-s.f.office building-and the__ proposed 8,000 s.f one- story building. The reduced parking has been used continually since the special permit was granted, in connection with the existing building. Clearly,there has been no abandonment of the parking use authorized by the special permit, as it is required by the existing building. While G.L. c. 40A s. 1 I (The Zoning Act) states that no Special Permit shall take effect until it is recorded, it does not necessarily follow that the permit lapses if it is not recorded. Another section of fae Zoning Act deals with the iapse of a speciai permit. G.L. c. 40A s. 9 states that a special permit shall lapse if""substantial use"has not commenced within the time specified in the by-law, not to exceed two years. Barnstable zoning says that a special permit will be void after 12 months unless "the premises shall be open for business...under said Special Permit." Since the existing building has been open for business since the special permit was granted, and requires the special permit for its parking, there is no lapse of the special permit pursuant to the Barnstable Zoning Ordinance. The special permit has recently been recorded, and I enclose a copy of the recorded permit for your file. As it is now fully effective pursuant to the Zoning Act I believe that it can be relied upon by the building department in not requiring additional parking in connection with the constuction of the second building. As stated above, the special permit has been utilized since it was granted so it has not lapsed. Please contact me if you have any questions in connection with this matter or require any additional information. Ve �,y yours, /j Edwin . Taipale Enc. C 1 CNA SURETY Bond No.929177564 License or Permit Bond KNOW ALL PERSONS BY THESE PRESENTS, That we Sippewissett Construction Company, !Inc. of 297 North Street, Hyannis, Massachusetts 02601 hereinafter referred to as the Principal, and Continental Casualty Company as Surety, are held and firmly bound unto Town of Barnstable of The State of Massachusetts hereinafter referred to as the Obligee, in the sum of Ten Thousand Dollars and no/100.......................... **.*************.*** ** *** *..************>******** ************* ,***** Dollars ( $10,000.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has made application for a license or permit to the Obligee for the purpose of, or to exercise the vocation of a contractors license. NOW, THEREFORE, if the Principal shall faithfully comply with all ordinances, rules and regulations which have been or may hereafter be in force concerning said License or Permit, and shall save and keep harmless the Obligee from all loss or damage which it may sustain or for which it may become liable on account of the issuance of said license or permit to the Principal, then this obligation shall be void; otherwise, to remain in full force and effect. THIS BOND WILL EXPIRE the 17th day of October 2001 , but may be continued by continuation certificate signed by the Principal and Surety. The Surety may at any time terminate its liability by giving thirty (30) days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED AND DATED this 17th day of October 2000 . Sippewissett Construction Company, Inc. (Principal) Bye (Seal) Aa-on f3ornstein, President Ara I Continental Casualty Company - t` (Surety) .y — _ ✓r Christian B. Downey, :V;�✓ �„tor`riey= '=fact SUR-23172-C POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint D.T.Johnson, Larry Richardson, Mary Ann Gray,Christian B.Downey,Madeleine T. Hall, Individually of Englewood, Colorado their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 5th day of July 1 2000 CONTINENTAL CASUALTY COMPANY G ��ry ►dsugq � 00'ert' +S'-N': NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 0oaPautF _ AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA EAL1a97 Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 5th day of July 2000 ,before me personally came Michael Gengler,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL" • DIANE FAULKNER • i N."M pApe,$we of Minis My Con risskm Expi►ss 9117P01 i tnsL/� My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 17th day of October 2000 ASUu y INSU1P CONTINENTAL CASUALTY COMPANY q NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 4oavo� '✓. �� m oAtoagT AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA s )ULIY ' 1 Y I`ll���{�.�,i:��.�tl'+�f�< *�� dil.nn • j�t JYL � T �:. ^tit �A97 • �... ,� HAR V' • }-„ ;,; •` Mary A. Ribikawskis Assistant Secretary f Revyl0"1!97,)--"` s Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously.given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted'bV to;,Buai4.gj) .r Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. ��`. " "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice Pres gent andj.V sr al,, of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted',5v this Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation r�iay,je° affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature-Gad se'al,slialll be', --I- valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executer!a�ici'se6Qe ,-hall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." :k HOLLY MANAGEMENT & SUPPLY CORPORATION EDWIN E. TAIPALE,Attorney Phone: ( 508 ) 775-4200 297 North Street Fag: ( 508 ) 775-8789 Hyannis, Massachusetts 02601 email: eet@capecod.net October 13, 2000 OCT 13 2000 Elbert Ulshoeffer 4y?_� ,,-j- -� Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 259 North Street. Dear Mr. Ulshoeffer: Enclosed please find a copy of the application for a Certificate of Appropriateness which I have filed this day with the Hyannis Main Street Waterfront Historic District Commission. Please contact me if you require any further information. Very truly yours, Edwin E. Taipale Hyannis Main Street Waterfront = aa �.szns', Historic District Commission)• ur, "6 1e3 230 South Street p. �e� " Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725 Application to Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑X New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ® Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence [} Wall ❑ Flagpole Cl:-Other 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration' (Please see the guidelines for explanation and requirements) TYPE OR PRINT LEGIBLY DATEOctober. 13, 2000 ASSESSOR'S MAP NO. 308 ASSESSOR'S LOT NO. 73-2 APPLICANT 259 North StreetLimited Partnership TEL. N0508-775-4200 APPLICANT MAILING ADDRESS 9---97 North Street, Hyannis, MA 02601 ADDRESS OF PROPOSED WORK "59 North Street, Hyannis, MEN PROPERTY OWNER 259 Nnrtb gtrAet T imi tpd Partne TEL- N0..50877`L 4900 OWNER MAILING ADDRESS 259 North Street, HyaMis, MA 02601 FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary). See attached sheet AGENT OR CONTRACTOR Edwin E. Taipale, Esq. TEL.NO.508=775-4200h ADDRESS c/o Holly Management and Supply Co', 297 North Street, Hyannis, MA 02601 r DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors,window and door frames, trim, gaffers - leaders,roofing and paint color,including materials to be used,if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet,if necessary). construction of an 8,000 s.f. one level officLe building with a red brick and cedar shingle exterior. See specifications and plans attached to this application. Signed -Ag ent SPACE BELOW LINE FOR COMMISSION USE Received by HMSWHDC Date ^ , �F Time O C T 1 S 2000 This Certificate is hereby By TOWN OF BABNSTABLE Date H1310RIC PRESERVATION DIV Signed IMPORTANT: If this Certificate is approved, approval is subject to the 20-day appeal period provided in the Ordinance. CONDITIONS OF APPROVAL: HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION ** SPECIFICATION SHEET *** ADDRESS OF PROPOSED WORK 259 North Street, Hyannis FOUNDATION concrete slab SIDING TYPE red brick and cedar shingles COLOR red/natural CHIMNEY TYPE none COLOR ROOF MATERIAL asphalt shingles COLOR gray PITCH 9 - 12 pitch WINDOW Anderson double hung COLOR white TRIM COLOR green and burnt orange DOORS_commericial glass and aluminum COLOR green h)w in;nv," SHUTTERS none GUTTERS aluminum DECK none GARAGE DOORS none COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application,along with three copies each of the plot plan, landscape plan and elevation plans,when applicable. The Plot plan need not be "Certified",but should show all structures on the lot to scale. I . .c • ABUTTERS LIST FOR MAP.308, LOT 73-2 Map 308, Lot 72 Town of Barnstable 367 Main Street Hyannis, MA 02601 Map 308, Lot 37 Edward E. Leslie, Trustee North Street 1996 Realty Trust 258 North Street Hyannis, MA 02601 Map 308, Lots 57&60 Barnstable Housing Authority 146 South Street Hyannis, MA 02601 Map 308, Lot 67 Judith Aboudi, Trustee Dani Realty Trust 600 Main Street Hyannis, MA 02601 Map 308, Lot 73-1 ' Shirley Duchessi c/o J. Derhagopian 25 Snow Creek Drive Hyannis, MA 02601 t _..:o._...°sue. s /n'fusiona A ffordable Housin Fes Residential Commercial** Property Owner's Name Project Location A" Permit Number Project Value :)" . 006; "Existing Sq. Ft. _ Q� **Proposed New Sq.Ft - � Fee S , &0 G, — IAHFORIN-1 1/3/00 r - TQW.ia. OF BliRNSTABI, T BU1"_­-r,`!9.FERMIT v PARCEL ID 308 073 002 GEOBASE ID '22042 ADDRESS 259 NORTH STREET PHONE HYANNIS ZIP - LOT. 6 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 48430 DESCRIPTION MODIFY XSTG FOUNDATION/CONSTRUCT .1 STORY B PERMIT TYPE BUILDC TITLE COMMERCIAL BUILDING CONTRACTORS: ROBERTS, MICHAEL ARCHITECTS: Department of Health, Safety and Environmental Services TOTA� FEES: $5,368.00 BOND $.00 �1NE CONSTRUCTION COSTS $880,000.00 3G4 PROF, BANKS, OFFICE BLDG 1 PRIVATE P E ; * RARNSTABLE, • MA8& 1639. BUILD. N DATE ISSUED 09/05/2000 EXPIRATION DATE BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES 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 PLANS MUST BE RETAINED ON JOB AND 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE PERMITS ARE REQUIRED FOR HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- 2. PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. VISIBLEP THIS CARD SO IT IS OST BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 5 2 2 2 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL SEE LETTER DATED 10/13/00 REGARDING "CONDITIONS" WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVEDTHE 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. Hyannis Main Street Waterfront na�Ysraztss Historic District Commission Crnif�'+?�;''i`NAM ( �e� 230 South Street Hyannis,Massachusetts ,02601 . . TEL: 508-862-4665/FAX: 508-862-4725 _ PZ Application to Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable fora CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for: PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑X New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ® Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole 0`Other 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) TYPE OR PRINT LEGIBLY DATLOctober 13, 2000 ASSESSOR'S MAP NO. 308 ASSESSOR'S LOT NO. 73-2 APPLICANT 259 North StreetLimited Partnership TEL. N0508-775-4200 APPLICANT MAILING ADDRESS 297 North Street, Hyannis, MA 02601 ADDRESS OF PROPOSED WORK -59 North Street, Hyannis, M i PROPERTY OWNER259 Nnrtr gtrePt T imi tpri Partner TEL. N0.508775-4910 OWNER MAILING ADDRESS 259 North Street, Hyan�iis, MA 02601 FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary). See attached sheet AGENT OR CONTRACTOR Edwin E. Taipale, Esq. TEL. N0.508-7.75-4200 r. ADDRESS c/o Holly Management and Supply Co--". , 297 North Street, Hyannis, MA 02601 DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors, window and door frames, trim, bl:tt rs _ leaders, roofing and paint color,including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet,if necessary). construction of an 8,000 s.f. one level officie building with a red brick and cedar shingle exterior. See specifications and plans attached to this application. Signed Wfter Gentraete -Agent SPACE BELOW LINE FOR COMMISSION USE Received by HMSWHDC Date Time Ve This ertificate is hereby By '"Da'te Signe T FtNg?p�OWN OP-S Ry,pS " IMPORTANT: If this O&VhSte is approved,approval is subject to the 20-day ea iod pro Z in the Ordinance. CONDITIONS OF APPROVAL: ZQGi�r�t`'I'c" L, ®-�t /Jlti's► .' c tea_ 64rn'-1`"raeM 7 .fie .., �: d HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION *** SPECIFICATION SHEET ADDRESS OF PROPOSED WORK 259 North Street, Hyannis FOUNDATION concrete slab SIDING TYPE red brick and cedar shingles COLOR red/natural CHIMNEY TYPE none COLOR ROOF MATERIAL asphalt shingles COLOR gray PITCH 9 - 12 pitch WINDOW-Anderson double hung COLOR White TRIM COLOR green and burnt orange DOORS_commericial glass and aluminum COLOR green A,uA1jn�r� SHUTTERS none GUTTERS aluminum DECK none GARAGE DOORS none COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application, along with three copies each of the plot plan,landscape plan and elevation plans,when applicable. The Plot plan need not be"Certified",but should show all structures on the lot to scale. .z v , ABUTTERS LIST FOR MAP 308, LOT 73-2 Map 308, Lot 72 Town of Barnstable 367 Main Street Hyannis, MA 02601 Map 308, Lot 37 Edward E. Leslie, Trustee North Street 1996 Realty Trust 258 North Street Hyannis, MA 02601 Map 308, Lots 57&60 Barnstable Housing Authority 146 South Street Hyannis, MA 02601 Map 308, Lot 67 Judith Aboudi, Trustee Dani Realty Trust 600 Main Street Hyannis, MA 02601 Map 308, Lot 73-1 ' Shirley Duchessi c/o J. Derhagopian 25 Snow Creek Drive .Hyannis, MA 02601 . R Ulshoef�ferbElber# �� �� octeber 2000 r S M T INT F S < 1 2 3 4 5 6 7 � w w 8 9 10 11 12 13 14 w 15 16 17 18 19 20 21 A' s �< 22 23 24 25 26 27 28 3 a � 29 30 31 Thurs3day�October122000 a, t 8:00 8:30 Site{P al ;n Reyiew�,' 9:00 � 9:30 �3 < 10:00 10:30 11:00 " �3'4 Straigtifway --yannis,. 9 property 9 11:30 �d a Ll"Ob 3 aOP 14, Ch h S ➢ 1:00 confer w/Kathy a, ....... 5 1:30 reexpire 0 Chk Trdnicodm7 �570es2:0 p 2:30 Ed�Taipale,&Stuartfre2 9 North Street a< a R ' `" � - 3. L 5:3 7 �� 6:00 9:17AM Thursday,OctolKer 12,2000 oFtNWE, Town of Barnstable Regulatory Services anaxsrnBM ` Thomas F.Geller,Director NAM 9` c 59.E► Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 13,2000 Stuart Bornstein One Financial Place 297 North Street Hyannis,MA 02601 Re: 259 North Street,Hyannis 123 School Street,Hyannis Dear Mr.Bornstein: There are several things that I need to bring to your attention as I leave my employment with the Town of Barnstable. You should address these items with the next building commissioner. The row of hedges along Rita Karath's property at 123 School Street must be installed. I understand that you have taken the position that she will have to take you to court. Our position is that you must install them. The property at 259 North Street needs some additional documentation before you can start the job. We need corroboration from our Legal Department that your project has indeed`begun' and therefore your special permit is not abandoned. In order for this to happen,you need to prove that the foundations in the ground were legally installed and are new foundations as you have told us. You also need to produce a legal opinion that the recent recording of your special permit is indeed not a problem from an abandonment standpoint. At this point,we must inform you that the foundation permit that was issued must not be activated until these items are resolved. I know that the files are old and many items that you refer to are not easy for us to verify. However,we must look at these situations the way we do all similar situations. Sincerely, Ralph M.Crossen Building Commissioner RMC/km g000913c y TOWN OF BARNSTABLE SIGN PERMIT PARCEL' ID 308 073 002 GEOBASE ID 22042 ". ADDRESS 259 NORTH STREET PHO)iE HYANN I S ZIP — LOT & BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 55235 DESCRIPTION SOCIAL SECURITY ADMIN 2 SIGNS PERMIT TYPE BSIGN TITLE` SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $50.00 BOND $.00 per THC- CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE * * * BARNSTABM MASS. Ep�l I M BUILDIl..G DIVISION DATE ISSUED 08/17/2001 EXPIRATION DATE �� �itGi J 08/02/2001 14:39 FAX 5083981760 SIGNxAoRAn [a01 - The Town of Barnstable t { Depaekment of Health, Safety and Environmental Services Building Division 367 Maui Steel,Hyannis MA 02601 Wee- 509-9624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner Tax Collector. 1-771 Treasurer G. Application for Sign Permit Applicant /UQ , / , Assessors No. q 3 6 0 A Doing Business As aLe(� _lephone NO Sign Street/Road�n Zoning District: Old Kings Highway? Yes Hyannis Historic District? ( No. Property O" r_ Naive: ols � N Telephone: � Adarcss. A)o k2 i 1f S T, >—IA - village: Sign Contracto Name-.— 0 -Telephone: � Address: 1 p� Village: -- Description T— Please draw a diagram of-lot showing location,of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the to be electrified? Y: 10 Ok.jrote.Lr3vs, a jr-quurd) I hereby certify that I.fur►the.owner or that I have the authority of the owner to make this application, drAt the information is correct and'that.the use,and construction shall conform to the provisions of Section 4.3 of the Town of Bail rnstable Zoning Ordinance. Signature of Owner/Authorized Agents < Date: Q`" O/ k S Size: y (// �-%�"' - Permit Fee: S s N Sign Permit was approved:. ! ;_Disapproved: Signature of Building 0 cial: rtiiti t Date; signi.dw rev.8/3J/98 08/02/2001 14:39 FAX 5083981760 SIGN*A*RAMA I�j01 - The Town of Barnstable l Department of Health, Safety and EnvironmentahServices i i• Building Division 367 Mail Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner j Tax Collector Treasurer .1, Application for Sign Permit Applicant: Assessors No. -Tel hone No. , Loin Business As: p Sign Location Street/Road: a � Zoning District: Old Kings Highway. Yes/No Hyannis Historic Urstnct. Yes/No Property Owner Name: Telephone: Address: - - VilLW- : ' Sign Contractor 4 Name: Telephone: Address -------- Yi agF: Description Please draw a diagram of lot showing iocatiowbf buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. is the--sign to bc-elects icd?v yes/No`-----01"'Qte:dyes a I�errr�r�1s rerprlr dl I hereby certify that I aun the.owner or that I have the,authority of the owner to make this application, drat die information is correct and that.the use and construction shall conform to die provisions of Section 4.3 of the Town of Bunstable'Zoning Ordinance. Signature of Owner/Authorized Agent: Date: . , A Size: _ Permit Fee- Sign Permit was approved'_. ,.___— _ Disapproved: _ Signature of Building Olhcial:_ S19"i.dw ►ay.8/31/98 x r n � _I I � � Br.� t ,'sue ✓� x �q L "R ,k,( ��H"�'r Nu � Yi`Y+�"��M1 .�' 4 'h'd I " t : �... a�•x, :;'tom j�, :.J s..�. - �. �'.,.dv� +r �.�a a y d ,t ,y, tuN ,, + + '�c "k� �'"_ r I } o- r•F� k a�$ .yx r �,. 7 .a '�t"" � t'<`Y c, c+.^ 1 'A °t. `' �-, #""e� `r"` _ ® v i i i W"Tf W " f _.,�,."'�" �`�'� , ® � ,.. -�; � -,}•�w fi"':, � a:i,. r'.s�..'r^ �r •. � rd ' ��`�..<� i fr :7'1 x,�, dtm�p, 1+ "',�� '�-�.i, ' ,: , „1:: .. .. „. !,s'. a ,, N. ,s' t... �. �Jw,,;,I,v ;� .y ? ;$` �'c'G ks:•ixaa S :��. _ �^x � ,"�,�'w a+'�ry � r n p !�d, „ �� • 5.:. h.'�.'r,.rmF F n YL 'tu. rr<. a .r+7r _y �-.tit x�`. gyp. " r%:;� H., ,P.. ,�� . .� •'P, ,. .:, t d:"' � a � a ��"�.�a. #... R'af".�. ..�yrt. qd,k •� t .s �,�- - I��c '�.xt w...r �v ! } ��• ru 'i��1+F�'. �u ;`' 4 ,: � .,:.'<;...'�� � 7. 7!•vk �z, i:: �1 + i ��::, y !�:v. £�.. ^^5z5a• :tu.� � -z:, ,t �'wt� � ` a .3' -.� -*h,. r "� c � ^,�, I �. afi9, 4 to a a��'r���mr+' r*, y`4�,� .• p e 'I� ,�',�„m"; + „b "c�i a + £ d � ! t a� f' , yr. a ;n , n' Po +, +,`>c s + v �e n"S ,� t j,% _,}+ *�� i i,ra Y Htl•� �' � d� J�I� �.:�+ Sz11 X" y,',hti �y c^ a'�4`.,� d 'A"�+�+ •.�t:�:;; r� ,,.,.... „r�, � e 5�'. " � '' b 4 w `V�` s;�;. iA�C'. ': �'�,;,^ .i. r� iaa ,k '^}`"` ,.k ���,, 3, -a�� �« � " ,•�� �-�-t�Jr,t+ r � �,,� �� i[� 'k. td Yi.. .. ��� �rr w � {�. w kzS d��' a�- ., flf.. -+.>•.-_�.. _ ,. _t1 4 F + a B 4 ti C 3 7 ;77- s fit _ t w = x DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including .detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors, window and.door frames, trim, gutters- leaders,roofing and paint color,.including materials to,be.used, if specifications do not accompany plans. In the case of signs, give locations of existing. signs and,'proposed locations of new signs. (Attach additional sheet, if necessary). ' AA- ;At�n ' �ep,,���uy �1•'NO�L?N ST I3 LUNG �� c T.�e-. U t M GNS lON S ca�.�. , Vie... . x �1 Y ' eo cue ��a,o+ ,t 0Pe4-\. Awn /�l X S$ , - -,ram► f ►+oz►+� ( ,6 7r� D,�,✓ � � ,j�•� aver- oG ��. � % cl,rm 1� �l c� G, SSA `© a Div PAD [vim. - Sys v, 5 iyo�v i� t :Co �1=� CSigned rLta "Owner Contractor., gent g� AML ltx SPACE:BELOW LINE FOR COMMISSION US„E �Yi 8 vl TN G 6 �. I S h 01)07t, hJ i'17� Aiv /g x S.3 6 R�/r2 �� 7!L 'Y peta l; Received by HMSWHDC A yL 1p 6 W 1 (C Q 6,J Date Time This Cettificate is hereby BY Date Signed IlVIP.ORTANT If-this Certificate is approved, approval is subject to the 20-dav appeal period provided in the Ordinance. CONDITIONS OF APPROVAL: I 4 e Company: Holly Management Jo b Number: 2557 P.O.Number: Street: 297 North Street Customer Name:Aaron Bornstein File Name:SocialSecurity_NEWKIT_coloniai.fs City: Hyannis Order Taken By:Jim Price: 0.00 State/Zip: MA 02601 Order Date: 5/15/01 Country: Terms: ` Phone: (508)775-9316 Delivery Date: Fax: (508)775-6526 Shipping: Description: Colonial Style Post&Panel Social Security Building Sign Comments: Height- 23.5", Width-45.0", Posts: 4.0"square F �� tip r fr 1r•:IN 'r >s'aa:. �. h.y r O V{' rtwr• f r ktix: a N ?^' err .: r. f py 1'-U �` i !Y£ .Y f 1 S ✓ nM k iw H r} x."it, a d' x iK .�y'i':� `+ i "? "' ✓a x �--F a 7 i > N4 4r<�, Yn �.. . SECU'R-, ex f s- i '�� �,rt�r r a z CD PnT lN S a W a ' :54w�t ,� k�,�`` €- x S'iF NIX .' t� � .. > a.`z sue ± ,�r ' d 3"r m # n"4 rir" f �,_. .a l y 3rY jz t �� f�4 77 S. yr 1V.-5ti F` b- L Y,~?t3`tFaSr. H'"- R - �x Ala),,z, y}y,van n�7 �' M� Y11 e i v l O C) '� lr y" n..rV y Y+., '£xg ...�54 • s • *' s- F > u' :fh v 0 �♦ xtg x ✓ `^ F 0 *=x = oo y i0 • A { O v, ffl h J, �� '� �. �,�,F$ �.� } _ r. , . , "';' �' x e°' .". - .. - i i 4 r Hyannis Main Street Waterfront Historic District Commission 16 230 South Street It s J Hyannis,Massachusetts 02601 , TEL: 508-862-4665/FAX: 508-862-4725. _.., Application to Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a �n CERTIFICATE OF APPROPRIATENESS v , Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: id New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) TYPE OR PRINT LEGIBLY DAB ASSESSOR'S MAP NO. 361 ' 13,6 ASSESSOR'S LOT NO. APPLICANT 59 AJ64 17-1 , APPLICANT MAILING ADDRESS ADDRESS OF PROPOSED WORK !�T A L PA)C 8 PROPERTY OWNER 5�)M 5 P L f C )` TEL. NO. OWNER MAILING ADDRESS (\J N i S FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary). AGENT OR CONTRACTOR <� N _ 6u 1 ' 1 TEL. NO. ADDRESS R-1.. .cv NMI �Q Aa , DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors, window and.door frames, trim, gutters- leaders,roofing and paint color, including materials to,be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). tA- n - WA 7-y /1 iMCNS lan.)S ev« aa' J � of ©190 1� PCo � 0t�� Says 140005 Moo v rA t ,�-q=c�Ja SignedCl Contractor,. wner , gent SPACE BELOW LINE FOR COMMISSION USE - � C � A/L �� �/e gUi , prN� 77/6/(� 15 h P21 l>ti; w� 4N j9 " )< I— Received by HMSWHDC �(,L vIAJ L IIJ6 U) 13(5' O-J Date o® EIVED Time This Certificate is hereby `` '' By Date �-C, o HISTORIC PRESERVATIM ON Signed IMPORTANT: If this Certificate is approved, approval is subject to the 20-dav eal e ' d provided in the Ordinance. ;.s CONDITIONS OF APPROVAL: I ( AT HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION *** SPECIFICATION SHEET *** ADDRESS OF PROPOSED WORK FOUNDATION SIDING TYPE COLOR CHIMNEY TYPE COLOR ROOF MATERIAL 71 S �G C S' COLOR PITCH WOW COLOR TRIM COLOR DOORS COLOR SHUTTERS GUTTERS DECK I ON 6 GARAGE DOORS ()'Aj COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application,along with three copies each of the plot plan,landscape plan and elevation plans,when applicable. The Plot plan need not be"Certified",but should show all structures on the lot to scale. Hyannis Main Street.Waterfront . c Historic District Commission i65 230 South Street Hyannis,Massachusetts 02601 j TEL: 508-862-4665/FAX: 508-862-4725 1 SPECIFICATION SHEET FOR SIGNAGE Prior to filing your application for a Certificate of Appropriateness, please contact Gloria Urenas, the Town's Zoning Enforcement Officer, at 862-4036 to discuss the amount of signage allowed for your building, as well as any other Town Sign Code regulations which may affect the sign(s) you propose to install. Even if you are applying for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission fora Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide all information regarding the temporary sign permitting process. FBESURE THAT YOU HAVE INCLUDED WITH YOUR APPLICATION: e drawing of the proposed sign • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign, are indicated • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. Size of Sign g �q Material(s) of Sign A L U M, l P UM Material of Lettering (if different) \/l N Y L The Sign Will Be,(circle one): carved wood / painted wood /. inyl letterin other (explain) Location In Which the Sign Will Hang ;A) Will there be exterior light fixtures to light the sign? ' g g g If so, what type of fixture? Where will the fixture(s) be located? t� Hyannis Main Street.Waterfront S Historic District Commission 9. 230 South Street Hyannis,Massachusetts 02601 /�Xt j91 TEL: 508-862-4665/FAX: 508-862-4725 6 tj SPECIFICATION SHEET FOR SIGNAGE Prior to filing your application for a Certificate of Appropriateness, please contact Gloria Urenas, the Town's Zoning Enforcement Officer, at 862-4036 to discuss the amount of signage allowed for your building, as well as any other Town Sign Code regulations which may affect the sign(s) you propose to install. Even if you are applying for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide all information regarding the temporary sign permitting process. BE SURE THAT YOU HAVE INCLUDED WITH YOUR APPLICATION: • a scale drawing of the proposed sign • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign, are indicated • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. rd Size of Sign ' 7 t g -7 Materials) of Sign V i "I L L C ! N C On 6tAS5 Material of Lettering (if different) The Sign Will Be (circle one): carved wood / painted wood vinyl letter g other (explain) Location In Which the Sign Will Hang kLL, Will there be exterior light fixtures to light the sign? 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Sa - % r,,, a � -L s�'3x 4�'ki"'� �d�)y,�}.3 .r-ur r �„'✓'>»�"� .eK', >n'o.1Y"4"-�.*t�y 'a � � + &� ,t r k F°� a• 4 x�t x.p/�aN .uff fib+` r x f �� s"'�� aa�r�'�" kd°'` ����� xi� Y ?ask�`!d I 13-1a�4 hl•�4', ibr� �S'��,�'✓r • i 4 a^.+ a%S # c+a rt 4 a 7 1 k X'' 3Cu `t C�I,I� �� rh#} I1\IttI{ y3 � is e z z r `, rki-i"{m "" k SlY i I2I� JM ��ix Ra S, "6AZ� I£ 6 t M ''i.tk5 c i bi ,+`k 5 ,1S a b C"t, + d � :� �fx k.e� r ",%�,� ! r : .+ r >a x s t r y 9 ?C Me-ci,.y,"` r r 'i tJ' '�' "r�,f x• �c` '" TE ME s v s �( a � r ays C, .; ,. .ti:c __.� ,..,s m tr.'•ar, , "�.. .,.,,,E an"s.er q Invoice Number: 2557 12-6 Whites Path South Yarmouth, MA 02664 Phone: 508-398-9100 Fax: 508-398-1760 Clerk: JM Hollv Management SS Admin.Signs Order Date 5/15/01 Phone: (508)775-9316 Order Time 1:08PM Fax: (508)775-6526 Due Date 5/17/01 Attn:Aaron Bornstein Due Time 04:00 PM Invoice Printed On 5/15/01 1:08PM PRODUCT CODE COLOR I QUANTITY SIDES SIZE T_ PRICE @ TOTAL Window White 1.00 1 20 Inch x 60 Inch $100.00 $100.00 PRODUCT DESCRIPTION Sign A Rama will install the Window Graphics. Main entrance-Name Window White 1.00 1 15 Inch x 30 Inch $37.50 $37.50 PRODUCT DESCRIPTION Sign A Rama will install the Window Graphics. Main entrance-Hours Window White 1.00 1 15 Inch x 15 Inch $67.81 $67.81 PRODUCT DESCRIPTION Sign A Rama will install the Window Graphics. Main entrance-Logo Window White 1.00 1 24 Inch x 30 Inch $60.00 $60.00 PRODUCT DESCRIPTION Sign A Rama will install the Window Graphics. Side entrance. Window White 1.00 1 15 Inch x 30 Inch $37.50 $37.50 PRODUCT DESCRIPTION Sign A Rama will install the Window Graphics. Rear entrance. MISC 2 1.00 1 20 Inch x 44 Inch $636.41 $636.41 PRODUCT DESCRIPTION Misc Production Sign-Aluminum post and panel sign with one color vinyl lettering,installed r Salesperson: Jim McDermott Customer#: 3998 Customer Tax ID Sub-Total $939.22 Notes/Ship to: Taxable $824.62 Thanks for thinking of Sign*A*Rama for your sign needs. Non-Taxable $114.60 All orders require minimum 50%down payment. Sales Tax $41.24 This estimate does not include any required permits. Shipping $0.00 TOTAL $980.46 Deposits Date Picked Up: Clerk: Payments Terms: 50%Down I COD Finance Charges $0.00 x Customer Balance $980.46 Signature Holly Management Attn: Aaron Bornstein 297 North St Hyannis, MA 02601 - Dono 1 of 1 Y Town of Barnstable + EAWSTAHLE, �0� Assessing Division ArEDMA�A 367 Main Street,Hyannis MA 02601 Office: 508-862-4022 Robert D.Whitty FAX: 508-862-4722 Director of Assessing MAY 17, 2001 As requested, I hereby certify the names and addresses as submitted on the attached sheets as required under Sec 11, Ch 40A of the Massachusetts General Laws. They appear on the most recent tax list with the mailing addresses supplied, excepting Parcel(s) which was missing or needed current ownership and/or mailing address information Janic P. Semprini O fice nager ant Assessor ,o Abutters Within 100' of Map 308 Parcel 073-002 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from Assessor's database March 22,2001. Mappar Ownerl Owner2 Address City Stat Zip Country 308036 --EDWARD E LESLIE-TR - - NORTH ST 1996 RLTY TRUST 226 MAIN ST------�CENTERVILLE - -�MA-02632-- -IUSA L 308037 — LESLIE,EDWARD E TR NORTH ST 1996 REALTY TRUST 258 NORTH ST �HYANNIS — rMA �02601 — USA t; 308038001 �CURRAN,CHARLES FBRIDGE STREET IOSTERVILLE -- �MA —02655—_]USA C308057 ---�BARNSTABLE HOUSING AUTHOR'Y—� -- — 146 SOUTH ST — YANNIS — — �MA �02601 — IUSA 308060 — IBARNSTABLE HOUSING AUTHOR'Y 1 - - -- 146 SOUTH ST �HYANNIS -- MA ---USA s/ C0806100A HORAN,MARK&FISH,JOHN TRS -� 4 BACON TERRACI�HYANNIS- 1MA 02601 �SA 1 �08065 CHILLI JOSEPH&JEANNETTE -- ----- 60 BAYSHORE RD �HYANNIS lMA 02601 rLO866�6 CHILLI JOSEPH I& CHILLI,JEANNETTE F 60 BAY SHORE RD HYANN[S MA 02601 USA / ------- - ---- - 308067-- ABOUDI,JUDITH TR - DANI REALTY TRUST - F6OO MAIN STREET HYANNIS - -----�MA T02601 -rUSA--- -- I j --- -- ---- -- - -- -- —- — - 308068 �COHEN MERRILL S&MADELINE COHEN,EDWARD S �4000 NE 170TH ST#603 -fN MIAMI BCH-- , FL -I33160 _ --- -- -- - --- __ J �308069001 1BRENNER,NELSON TRS - - CANE REALTY TRUST - "OBO 226- - FRON I02067 - USA L- - - - -- -- ---- - ---- ---- ---—-- - - - -- USA -- 308071 -SANDWICH CO-OP BANK ---- ATTN:ACCOUNTING DEPT TP O BOX 959SANDWICH - MA-102563- � STABLE TOWN OF(MUN)- -�---- - -j67 MAIN STREET- f HYANNIS MA I02601 USA BARN -� �08073001 IDUCHESSI,SHIRLEY- %1 DERHAGOPIAN 25 SNOW CREEK DR IHYANNIS - -�MA-�02601- USA I308073002 I259 NORTH ST LMTD PTNSH - --- -- ---�297 NORTH ST_____1HYANNIS - -�MA 02601 USA - Mf ---------------- ----- --- --- —-- ------- --------------------------------------------- Thursday,May 17,2001 Page I of I 1 r MAP 308 P308 34 / MAP 308 \#89 5 =--#0---77 42 i S 185 i #91 \ /� MAP 309 MAP 308 2 40 59-2 \ % MAP 308 \ #81 'MAP 309 y 38-2 Z59-1MAP 308 # \ #210 1 33 l i' MAP 309 MAP 308 -'%/ #5 37 MAP 308181 #258 \ 39 i MAP 308 \, MAP 308 \\ \ #228 w # MAP i7 38 1 z 35 Q#278 \ ; MAP 308 ' 71 v � MAP308 J �� /ll \\ `\ #55 \ 29 \ / MAP 308 #296 �, j \ �/' \ \' 74 MAP 308271-1 /.. MAP 308 MAP 308 \ 271 72 % MAP 308 272 \ \ P 0 #0 #29 \ #65 \\ \ # \ \\ \ \ MAP 308 \ MAP 308 \ -1 MAP 308 56 \ \ % \ \\ 580 V 278 j\ \ \ \\ \\ \ #570 \\ \ MAP 308 #55 \ 44 MAP 308 \ MAP 308 \ "� ` MAP 308 #•568 l \ \ MAP 30' 10 5 \,MAP 308 v 7\3 MAP 308 45 \ \ \ MAP \ r \ 111 #309 /�/ _74- \ \ #600 \l j �` \ # \ j: MAP 308 \ MAP 308. ` Z�11 63 ' #606 .M11308 5 #sn `MAP 308 % i` /, Z\ MAP 308 /� MAP 308 62 116 v A #620 i #595 / \ MAP 308 1 \'MAP 308 \ \.,\ �` MAP 308 / os , 49 MAP 308 `J,19 114 #605 \ \#583 MAP Ing f MAP 308 PARCEL 073-002 N SCALE: 1"=150' w = . E 100' BUFFER S *NOTE: Planimetrics,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The James vegetation were mapped 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 OEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Map Accuracy Standards V=100'. on the map. at a scale of 1"=100'. Parcel lines were digitized from 20DO Town of Barnstable Assessor's tax maps. Hyannis Main Street Waterfront „A,.,,I : Historic District Commission r ; "� 230 South Street . {� ' ' r i 1639. Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725 _ jg ���jq` r am§ may,5�s `7 ,xii t3• 2 1 1-1 Application to Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑X New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ® Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other ) 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) J 4 � TYPE OR PRINT LEGIBLY DATJ�)ctober 13, 2000 ASSESSOR'S MAP NO. 308 ASSESSOR'S LOT NO. 73-2 APPLICANT 259 North StreetLimited Partnership TEL.NO508-775-4200 - APPLICANT MAILING ADDRESS 297 North Street, Hyannis, MA 02601 ADDRESS OF PROPOSED WORK Z59 North Street, Hya.m�s, MEN PROPERTY OWNER259_jqr)-rth Street T.imi tall PartnPrTEL.NO.5pg-775- 4200 OWNER MAILING ADDRESS 259 North Street, HyaMis, MA 02601 FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary). See attached sheet AGENT OR CONTRACTOR Edwin E. Taipale, Esq. TEL.NO.508=775-4200 ADDRESS c/o Holly Management and Supply Coro.. , 297 North Street, Hyannis, MA 02601 DETP ?Y:' '71,SiRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors,window and door frames, trim, gutters- leaders, roofing and paint color, including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary), construction of an 8,000 s.f. one level officto building with a red brick and cedar shingle exterior. See specifications and plans attached to this application. II Signed � �/ `" -Agent SPACE BELOW LINE FOR COMMISSION USE rrLL C Received by HMSWHDC Date Y 21 a Time OCT 1-a-sQ This Certificate is hereby y LE B T[lU'� T N�N_ i Date�l.I_ SignedAir -4 ,... IMPORTANT: If this Certificate is approved, approval is s&;,- 10 the 20- ^--ippF,"-'V criod ro ' ee i/ the Ordinance. CONDITIONS OF APPROVAL: lkod"'4C 6'1I O', AA-", aw �S s � J ��s �i�,o�aY� �iirb/, s,• .P n r�Uo�e ^q °nt6L �' n� 2✓ c.Li �U i// �2 5 'v6nai Gonl,n/SS�-d� G� �a-c� Phi i,je,4., eyl G&111, > Si Assessor's map and lot numb er ....L7t,2 ...... T E ypi Sewage Permit-r�-Uffib&'i�m 1 A* 33ARISTAXE, House number ............................ ........................ F... NAM O... ........ 1639• 9� a YPT Ar. TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO .......................Con.s.tr.uct...new...bu.i.1di.n.g............................................. ....... .. .... ....... ........ ..... . ....... .. .. TYPE OF CONSTRUCTION .................St.eel....f rame........o.f.f.ice...bu.i.l.d.inq........................................ .... ....... ............ .. .. . .. ....... ..... .. . .. ....... 13 ....................Dune...... ,........... ...........19..8...6 ... 4 TO THE *INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information:- Location ......................N.or.th'....S.....tr........eet..,......H........yan...n..i...s.......MA. ............................................................... ............................... .. ...... Proposed Use ............Office........ ..bull.d........ ..in#5..............................................................................................I......................... .. .... .. .... . .. Zoning District ........................................................................Fire District .......Hya...n.An..i.s..................................................... ....... .. Name of Owner Hyam'S...Area .Development ....Address ....2.9.7...No.rth Street. Hyannis, MA.... ........................ ..... ............................................ .. . . ..... Name of Builder ..The...Wi.1.14.ams Company..............Address .19.1.9....I.y.anough road (Route 132 .. .. .... ..... .. . .. .................. .... . .. . .. ............................................................. . Designers & Builders Inc Name of Architect ..................................................................Address Hyannis, MA 02601 .............................................................................. Number of Rooms ........See...Plans ...Foundation ..Reinforcing. . . .q...Concrete ....................... ....... ..... .... .. .. . .. ....... .. . .. .. .... .. .... .. .. Exterior ..Clapboards.......vinyl...................................Roofing Metal...d.eck...and...asphalt snq.le.s. .. .. .... .. .. ..... ....... .. ....... .. .. ....... .. ... .. ....................... Floors Three glum attic interior steel studs ....................I................................................................. ................................................................................ Heating Yes................... Yes ...% ........................................Plumbing .................................................................................. Fireplace ..NO.......: . ..........Approximate Cost . ............................ Definitive' Plan Approved by Planning Board --------------------------------19-------- - Area Diagram of Lot and Building with Dimensions Fee ........ .................. ...• ....... SUBJECT TO APPROVAL OF BOARD.10E- HEALTH <1 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree i6,-conform to. all the .Rules and Regulations of th n of Barnstable regarding the above construction.' Lt h riof Nam ......... ......i ................ ............ der 0 1 92<4 6 Construction Supervisor's License .......... . .....I........... HYANNIS AREA DEVELOPMENT TRUS:� A=308-73-2 No 31389 permit for ....Build Com�.rcii,l ..... OFFICE BLDG. :. ........................................................ Location ...2.59 North Street ............................... H annis- ..........................�'............:.�...... -.. .. .............. r Owner ..Hyannis Area DeyeQp �� Trust Type of Construction .......Frame ................................... ................................................................................ Plot ............................ Lot ................................ } Permit Granted ......November 5.i......19, 87 Date of Inspection ....................................19 Date Completed ......................................19 t 1 Assessor's offioe Ost floor)-` Assessor's map sand lot number ................................. o 0 Q Board of Health '(3rd floor): Sewage. Permit, number ..••............................ ................•...... i I., 33AH39TSDLE, . Engineering, Department (3rd floor): t v 10.°a ' House number s ° t639 �0 .........•.........:...............+............................ APPLICATIONS .PROCESSED 8:30-9:30 A.M. and' 1:00 2:00 P.M. only, Y TOWN OF BARNSTABLE A BURDIHG INSPECTOR' APPLICATION FOR PERMIT TO .'.����'� ,t l!.. `.` t ............... . TYPE OF CONSTRUCTION ......1•`^�' ..J' ,, l.................................... .....:..................................................:......... .. 19 . TO THE INSPECTOR OF BUILDINGS: The: undersigned hereby applies for a permit according rto the following information: ' 1 � Location Ale 7 -4....... ..............` ......... ...... . �.` �.�P. ...... Proposed ,Use .. F.................. ............•.......................•.....................•................ ... ..............................•............. .... }' Zoning, District ..........:.. .............. ................ 'Fire District :. ... p�y�?vuti� UIUf� �'d 574, T Name n.er -��-- .r�- ' �.t/ . r__ ___ ..Address ........... �?�S aL! L ! e�!!L /... l r/ ........ 1 9 � a ZName of Builder / G � .5........Addressl ......... .... ..... .........Address ................................ Name of Architect .................................................r....... ..................;........... Numberof Rooms ....................................................................Foundation ......................:......................... ............................... Exterior ...........................:...................:.............:.........:....:........:Roofing ...................•........................... ...... Floors ......................................................................................Interior Heating ............... .............................................. Plumbing Fireplace ...........................Approximate Cost ....................... Definitive.Plan Approved by Planning Board ------------------------_--------19________ . Area .......................................... Diagram".of. Lot'and Building with Dimensions Fee .............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH , 'OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree.to;conform to all the Rules and Regulations of the Town of Barnstable regarding .the above construction. Name ............................................... • o 0 Construction Supervisor's License FLEMING, PAUL jR. 30300 ,r Demolish E' dg. .� No Permit for .. 1 {... ... • •„ •Frame rt ,. - � .� r• _� •� - - ........ ..�1J L.... :................................................. :r t r Location North Stree: .. .f _ . .... ........'Hyan'nis..................... , - x, '-Paul Fleming.,......... ... ,+ Frame Type of Construction .......... ' ................................................................................ 1 F Plot ............................ Lot :............................... Permit. Granted .......De,.,embe ...7.,7,-,..19 H 6 •Date of Inspection°... ..............................19 t F t `Date Completed .... . ..............1Q�� •+ +�;..a. .. rat - � r � ,. `•• �• 4> A*,map and lot num er / p� f r � " St CONNE " r ofY�E ��� Se age Permit numb ...........� '. . dJ TO TOWN SEV�• t Z EAMTADLE, i House number ............................2. ..................�C.%i.... r t M A8 00 t639. ft MPY TOWN - OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO Construct new buildin _ f604 g................................... Steel frame - office buildMi / # TYPE OF CONSTRUCTION ........................................................................................... ........................................ ! ....................June...13.........1986.. TO THE INSPECTORibF BUILDINGS: a The undersigned hereby applies for a permit according to the following information: Location ... 5 ......North...Street,....Hyannis,...T ........................................................ -i Proposed Use ...........Office building ......................................................................................................................................................... Zoning District ........ ....Fire District .......�Jannis................7 ........................................... ............... 7 / Name of Owner .Hyannis Area Develo ment 'gust 297 North Street, Hyannis , MA ea...............p..........................Address ................................................................ Name of Builder ..The Williams Company .Address 1019 Iyanough Road (Route 132 ) ...... .................................................................................... Name of Architect Designers &. -Builders Inc.Address .Hyannis, MA 02601 Number of Rooms See. Plans ...Foundation ,.,Reinforcing Concrete Exterior .,Clapboards - vinX1 Roofin Metal deck and asphalt shin les..... g n ..................................... Floors ....Three,..plus- attic Interior Steel studs - Heating Yes....... ...............................................................Plumbing .... '....`............................................................:.:......... �,. Fireplace ...NP........................................................................ .Approximate Cost ............ 60 .00..:......................... �. r Definitive Plan Approved by Planning Board ________________________________19________. Area ...... Diagram of Lot and Building with Dimensions Fee ...... ........... SUBJECT TO APPROVAL OF BOARD OF HEALTH e h J OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of th of B6"r`' table a `aiding the a r construction. ....Nam I .� i ger WYYiams... .......... *AIN{_ onstruction Supervisor's License ...... 66 .. ......... Ih . -�3 mi r 1�14ILD Cbna1erC F......... .........................OFFICE BLDG. .................... .......... Location 259 North Street ca ................................................................ Flvan-j' c- ............... ................. ��47* �ACiwne/ ........ qqaen.t—T-r-�rs t ..................... Type of Construction ........... A V ...................................... ......................................... Plot ............................ Lot ................................ Permit Granted . Novembet. .........19 87 ........................ ... Date of Inspection ....................................19 Date Completed ......................................19 qz, C11 CD f COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY F,:7In�1° f'•>='s on A+:uHont -„ ng OF ONE ASHBORTON PLACE ��n" a;;,r;j J,j*vvcadi10IT MASBACHUSET78 BOSTON,MA 02108 1::��f d'�''G' °' U��`'�i1ua EXPIRATION DATE CONSTR. SUPERVISOR CAUTION ��0/31/19 9 5., i • EpPEC71VE DATE Llc-NO. FOR PROTECTION AGAINST N RESTFi�QTIQNS '. �+� 0 6/S 0/1 9 9 3 018226 THEFT,PR PRINT APPROPRIATEUT RIGHT S 1 1NY STUART A B O R N S T E I N BOX ON LICENSE. 29% NORTH STREET � BLASTING OPERATORS $S N •'032-.32--0160 HYANNIS MA 42601 ' MUST INCLUDE PHOTO. i PHOT { INO R(1NLY) FrEf C) , II �/ Fill '9�'1 VO�OL! f1 , NOT VALID UNTIL STONED BY LICENSpp AND OFFICIALLY '�'� '•� HEIGHT, STAMPIO,09•SIONATURS OF nd COMMISSIONEII q i 9�%31 /194z Two 00CUMEN't Must ill; EE SION NAM9 IN FULL AUOA S10NATUHp LINE CAR RIEDONTHEPBRSONQ,i! 8 TyREQFVC E tMp HOWER WHEN I OTHERS•RIOMT THUMBPRINT MQEDWTHI80CCUDArICN,' C MM19s10N9q t., 3 .r OATBt.' ' tQ/29/94 702 DZyDD�!' MAR'T.TNr'"#775��.39'4 ; TbWN OP BARNS TAB�',E '. ArIT t,DXNG.'INPSEC�!ION ly�t0llt `STCJAt'?T J�bi'ns�e.iii � �'' Com/nonweafth o f Wamacku-ldb _ ' oUe�artment o�J'ndueErial�ccidenf� 600 I/Va.44ington Street James J.Campbell 112o-4ton, MaseacLietti 02f f f Commissioner Workers' Compensation Insurance Affidavit I, SUFFIELD MANAGEMENT CORP. (licensee/pe rmittee) with a principal place of business at: 297 North Street, Hyannis, MA 02601 (City/sate/Zip) do hereby certify under the pains and penalties of perjury, that: r I am an employer rovidin workers compensation coverage form employees workin on () providing P g Yg this job. THE TRAVELERS 4N-UB-934J4655-94 Insurance Company Policy Number () I am a sole proprietor and have no one working for me in any capacity. () I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number O• I am a homeowner performing all the work myself. I understand that a copy of this statement will be forwarded to the Office of Investigations of the DIA for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to 51,500.00 and/or one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S 100.00 a day against me. Signed this day of 19 Licensee/Permittee Building Department Licensing Board Selectmens Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 Assc s i Office 1st floor Map Lot � a� � ��� Permit# 3 C r Date Issued D �tJ 6— Sri✓1,1y` )3eaxd_of-Uealth F rd floor) A,7 3/76 ve Engineering Dept. Ord floor) House# oZS-�1 4� ,'` � t floor/School Admin.Bldg.): i „RNEMABM 's MAS& ..� Planning Board 19 'baa o� (Applications processed 8:30-9:30 a.m.& 1:00-2:00 p.m.) 1 TOWN OF BARNSTABLE Building Permit Application. Pro"ect Street Address Villa e - / Fire District )q 5 Owner C) ' �' l�C� �'�/ Address Telephone 7 .3 nn J Permit Re guest: Zoning District Flood Plain Water Protection Lot Size Grandfathered Zoning Board of Appeals Authorization LZ,_ S Recorded j1Ls Current UseG`z Proposed Use [ � Construction Twk= Existing Information Dwelling Type: Single Family Two family Multi-family Age of structure Basement type Historic House Finished Old Kings Highway Unfinished Number of Baths No.of Bedrooms Total Room Count not including baths First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information /��� Name �� T n� �.�J Telephone number Address 222 '41n2 7W License# 0 2z Home Improvement Contractor# Worker's Compensation # NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Proiect Cost 6 01 00 > Fee o�®r SIGNATURE TE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) BPERM T FOR OFFICE USE ONLY ' 259'North Street Hyannis, D SS: H s s OWNER S. !Bornstein DATE OF INSPECTION:;; FOUNDATION. INSULATION § f' FIREPLACE a ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL f t GAS: ROUGH zp. FINAL BUILDING: DATE CLOSED OUT: a ASSOCIATE PLAN NO. �, �yoFtHer TOWN OF BARNSTABLE BAH OML s Office of the Building Inspector rya 1639an Date February 28, 1995 Fee $50.00 Permit No. 28 PERMIT TO ERECT SIGN IS HEREBY GRANTED TO Smith Barney DIBIA LOCATION 297 North Street, Building One Hyannis ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION OF THIS PERMIT �— Building Inspector r � PERMIT NO. : r+ r DATE: C TOWN OF BARNSTABLE BUILDING DEPARTMENT 367 MAIN STREET HYANNIS, MA 02601 APPLICATION FOR SIGN PERMIT APPLICANT:. - ASSES 90RIS NO.: - - DOING BUSINESS AS: V3. TELEPHONE:a.. V Z. _ .` 'SIGN`LOCATION { Street/Road: ZONING'-DISTRICT: . - OLD KINGS HIGHWAY DISTRICT? Yes no .. PROPERTY OWNER ` , Name: II� V�lbV �� wLQ.-; Address: ` �17 NLI_4 /1 S .City: 1 (\jAJL%S State: 1/1i1 zip: .Uri Tel. No.. SIGN CONTRACTOR Name: ( 0 V�� �\ ) C6 Address: 0 }- City: State: yUyv Zip; C�Z.(p.(9 Tel. No.: DESCRIPTION DIAGRAM OF LOT SHOWING LOCATION OF BUILDINGS AND EXISTING SIGNS WITH DIMENSIONS, LOCATION AND SIZE OF THE NEW SIGN TO BE DRAWN ON THE REVERSE SIDE OF THIS APPLICATION. Is the sign to be electrified? yes no _ (NOTE: If es a wiring yes, g permit is required._) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning ordinances. Da a signature of owner/Author' ed Agent For Office Use - -. - - - - - - - - - - - - - - - - - - - - - - - - - Size (sq. Ft.) ,. Permit Fee C)0 r Approved Disapproved . Date Signa re Of Building"Official Nisc4 W SMITHB)W Y r N - O s� �N \0J Q C�Q e, �--v 11 S TH PLYMOUTH SIGN CO. Po B®x'34 y SOUTH YARMOUTH, W 02664 �9 TOWN OF BARNSTABLE BUILDING PERMIT PARCEL ID 308 073 002 GEOBASE ID 22042 ADDRESS 259 NORTH STREET PHONE Hyannis ZIP - LOT 61 BLOCK LOT SIZE DBA DEVELOPMENT, DISTRICT HY PERMIT 12929 DESCRIPTION EVEREN SECURITIES PERMIT TYPE BSIGN TITLE SIGN PERMIT I CONTRACTORS:4 Department of Health, Safety ARCHITECTS: - and Environmental Services TOTAL FEES: $75.00 THE BOND $.00 , CONSTRUCTION COSTS $_00 75& MISC. NOT CODED ELSEWHERE * aARNsrABi.E. MASS. OWNER BORNSTEIN, STUART TR 163 ADDRESS TWO FIFTY-NINE NORTH ST TR 297 NORTH ST BUILDING DIVYSION IJYANN I S MA BY-- ter, �• /�',r��cG �- DATE ISSUED 01/26/1996 EXPIRATION DATE DATE: -a6 96 TOWN OF BARNSTABLE BUILDING DEPARTMENT 367 MAIN STREET HYANNIS, MA 02601 APPLICATION FOR SIGN PERMIT - APPLICANT i � � r' ASSESSOR'S;.NO. DOING BUSINESS 'TELEPHONE S IGN i LOCAT I Street%Road ZONING -DISTRICT:",. OLD RINGIS HIGHWAY DISTRICT? yes no PROPERTY OWNER Name: .Address: city: .�/f9%v,�ijs. State i Zip: O q 6 / Tel. No.: SIGN CONTRACTOR Name: -.----- Address:, Cityi State: zips �r� d / Tel. No.: _�7,7/-4/0,1_ 61 • DESCRIPTION-.-.--------------. ____.___.- .__.. DIAGRAM OF LOT SHOWING LOCATION OF BUILDINGS. AND EXISTING SIGNS WITH DIMENSIONS, LOCATION AND SIZE OF THE NEW SIGN TO BE DRAWN ON THE REVERSE SIDE OF THIS APPLICATION. Is the sign to be electrified? yes no N4 (NOTE: If yes, a wiring permit is required.) I hereby certify that I am the owner or that I have the.authority of the owner to make application, that the information is correct and that the use and construction shall conform to the..provisions of.. Sect.it?n 4_3 f rho TOWn Of Barnstable Zw=ing ozdinan%63. to signature 6�a4ner/ uthorized Agent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - For Office Use Size` (Sq. Ft.) Permit Fee � -. Approved Disapproved /-� 9C Dategr &Eure Of Buildin official MI8C1 r 1 r' G Run ON CP cn COCn Cf3 tT� Lh CO rj r- . `n z v G � � za W o z w M op -� Uf t� If Ik, {� ILI C ' SM E O.. Fy _ d O•` it �.ti I' s 1 1 ♦ `i L 3 $ J` .� 9a �1 tci ~r � Os ID 4 01 Q • OL ► J� - _ Ja r s s.� i��� �' J dc am f Dl j, • S7 - 0' t Q- 1� N IL in a o•� o t- s�s4 Z r� V' 1 ,• ~off v ,�iS` �, a m • r. 't ! 7 r�: a �.T°�—` 8� 0. PPb 1pe + L P a r I S •' w ;� �� �s a SSar`it ;� �+ r r 3. ^• a .. i o� n � Z] A s a ^? Cnl Or lot t N+ Tca soy +' ; i i — Q ►+ i {�^} r� � �!sir• t "`. � ``. . �' y C 3 f f .i C 6 rf < ^`� 4044 s r 7 aT j • R - 1 f u , , " ' ^Y oY p v -A w s 44 'o-f iLd ,zne - ` • ,�.v, �� s��in yarn r�nies 297 north si-m-at, klannis,ma 426oi tctcpkono ('s'.0 ) 775-,Q31 fax (5c)4 775-65-26 PACSZM U,; TRAN5M3:SSICM COVER SDIEBT TO: l� FROM: G t7 L§ P.1 NUMBER OF PAGES (INCLUDING THIS PAGE) ; IF RECEIVER DOES NOT RECEIVE ALL PAGES TRANSMITTED, PLEASE CALL ( 508) 775-9316 IMMEDIATELY. MESSAGE: � P&a TOWN OF BARNSTABLE BUILDING DEPT. D APR E c E vE - ti TRANSMISSION VERIFICATION REPORT TIME: 03/12/1996 08,59 NAME: BARNSTABLE BLDG DIV FAX 1-508-790-6230 TEL 1-508-790-6227 DATE,TIME 03/12 08:59 FAX NO./NAME 97756526 DURATION 00:00: 36 PAGE(S) 01 RESULT OK MODE STANDARD I oFTME The Town of Barnstable �enxivsrABM Department of Health Safety and Environmental Services 'ergo'' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: FAX NO: FROM: /� I��.b�, U.42 DATE: PAGE(S): (EXCLUDING COVER SHEET) r.5,M a*ems T`r;E 1.nJI fAr.IS CO. `* 1`3ESIGNIERS £., r:UfL D1`;5 P41"tt n onn nn0 nn ryry�� mm ��nn 1010 Iya,w.-kJO, riomi P(,uto 132 L IEVUEM o�,u[711G�JHOOMBUIrAL� t— :names HYr,NNPS, NIA'02C01 DATE 10/10/85 JOEI NO. h (617) %7J•128, ATTENTION RE: TO 3 TSTT Josc%rr Dziliz }� � Northi Street°Office Bldg. . Iiiifc ina, Ins,ector ia { +.4✓ rz`I; } t^ ♦J� r .".- .�,. 11 F�.nh 5 a T�w'n �f F-� nt-i1�1 �+ x commert: a1 Development J s Sly:. ,:°: WE;ARE SENDING'YOU Q 'Attached O Under separate cover vla the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples _ ❑ Specifications' ❑ Copy,of letter: . ❑ Change order O COPIES DATE NO. DESCRIPTION 2- Sets of Procress Prints THESE:,ARE TpANSMITTED as checked below; 0 For approval D Approved as submitted O Resubmit copies for approval ❑ For your use ❑ Approved as noted O Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ O FOR BIDS DUE 19 O PRINTS RETURNED AFTER LOAN TO US REMARKS Dear Joe: Fnc.i(,,se 1 ar(- tW0 SC2ts :)'I rrr,,rc?ss or.ints.- on the above project as vctI r0uues1:C,cl for tlia Frc))itect.jl:reji. p,.EViev,. Please make me aware pi when 1 ;'�- .rc.,;1. t., •, �.1. 1. t.ak� 1�' �re , T ;2'0uid rIP1 e 1,"sel available �.I rieC'CS 'li'V, iC)r Llt�ti�' Crtlt`:,` O?1:; i_h.�tt he Eoar-d T.a i c3Je. COPY TO SIGNED: - - ��- �--■..e1u,. , If enclosures are not as noted, kindly notify us at once. Roar.c:r .P. 1 1_ !ails, Pre! . mop and |o* number ... / . ' TO TOWN Sewage Rerma nwn�bor Z ^ �~�="��" "'wo�v"wv House number ............................25-9 . ~--~--j�/ .��.` ' 1639. - �������7�� ���� �� � �� �Q�3 «�� � �� �� �� | TOWN�� �� BARNS TABLE ��� �� | BUILDING � 0N N Ui / 0 ���� INSPECTOR �� NNN0-NN0 ��N� �� �� � ���~ � �� �~ | APPLICATION FOR PERMIT TO .__._.__.Coostzo�t..oe�,.�oil'�.i.u_,_.,^,..^._—. . . - TYPE OF __,_,_.8teel_f���V�_�_offi��, �g,,__,,,.,,,___.. `. June 13 ' 88 ................................................ ........ TO THE INSPECTOR.OF BUILDINGS: � j The pn6em|gne6 hereby opp �s for o permit according to the following! information; , Location ......................Nortb ,G.tr88t.�.. is.�_��_____,~____._..,,,,_,,,,,,,.,,.,,,._,,_,,,,. � O��ioe boilc�i Proposed Use ---------------.��!�............................................................................................... ......................... ` Zoning District ----______,_____________.Rne [Vx��t __.}�'aooi��___,..__,,.,__ ) ����---- �7 , � �7 , k Name ofOwner .Mea. � _A66,es _.2.97_No.rtb_St.zaet�_ ..M&_ Name of Builder ..Tbe..Williams.....................................Address A0.l9....Zyar�ougb...Roacl....(.Rmote....l3.2.).... Name of Architect Deoi o_&_Boi.lde.ro_Io�.�.A66,eo ���a��i�.c..M&__036.Ol__~________.. Number of Rooms ........S.���,Pl.ao�__'___,.r____FounJo�ion _Be.i�����ro�og.. te....................... ! Ex|ehor .. l ��..��..vio�l___________..RooGng ...d.e.ck...aod... �s .. e.s. 'Floors� _ .ol����atti�_____________.|nns�, .Ste��l_ __________________ ` HeatingKg��..........................................................................Plumbing —..�e.s...................................................................... Fireplace ...ND..........................................................................Approximate Cost ____$9OO. .0O0.:00,,,,,_,~__,, Definitive Plan Approved by Planning Board -------------------------------lg........ ' A,ao Diagram of Lot and Building with Dimensions Fee ...... ........... SUBJECT TO APPROVAL OF BOARD OF HEALTH ~ | � | | | ` l\J < \' . ( � ! ' | | ' - � | OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS � | hereby agree to conform to all the Rules and Regulations thof Barnstable re rding the above of construction. No ��ger ��.^.���~ ---``—°`--.~ ~ Construction Supervisor's License ........0l.024.0............. - ` ' | ' U ^ " 31389' 4 Permit for BU��,D -CO . erci Hyannis v. 4 + s"R sc S H t} ... . �e�r\ opr,�en� Trust ype�f Constructrtin r���� �� ' E?lot LQi i 746vem}5e 5 �3 Permit,Granted ....... ......... W,9 8 7 Date of Inspectioof n -� _ a Date Completed .. :]9 - a rri — r. 7 { 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, f COMMONWEALTH OF MASSACHUSETTS Barnstable, ss �'�, 1987 Then personally appeared the above namedr��+/ fLy�l�✓ and acknowledged the foregoing instrument to be his free act and deed, before me, ( ' V my commission expires : N tary Pub lic 7, 1g � 3 f t a BOARD OF SELECTMEN TOWN OF BARNSTABLE SPECIAL PERMIT DECISION AND NOTICE s 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 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 ci�:cumstances 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 . i s. - \, 7. ■Aid r 367 Min Sllrel' A-nni.f, Mjj. 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. w 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 a before our Architectural Review Board. appear r We wish you every success in your business venture. Sincerely yours, Boa of Selectmen Town of Barnstable 4 t '.T THE WILLIArA.S CO. [LEEMEM VF 10)() Iy'alioo.i.hRand R(,Lite 132 HYY%N""G' MA 102601 DATE JOB NO. 10/10/85 (617) 7178-14"88 ATTENTION RE: TO Mr. Joserh DaIxz _nrr r _!,j nhl P rrr North Street Office Bldg. ruj.ldina Insrector Pyannis, MA Town of Farnstal-le Commeriiial Development. WE ARE SENDING YOU Q Attached 0 Under separate cover via- -the following items:, i� 0 Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications 0 Copy of letter 0 Change order 0 COPIES DATE NO. DESCRIPTION 2 Sets, of Proaress Prints THESE ;ARE TRANSMITTED as checked below: 0 For approval 0 Approved as submiftcd 0 Resubmit copiesfor approval. 0 For your use 0 Approved as noted 0 Submit copiesfor distribution 0 As requested 0 Returned for corrections 0 Return-corrected prints 0 For review and comment 0 0 FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US o: REMARKS Dear Jo Ync'LoseCi arc 't-vir) Se-I-_S ol-- pr(-'rress, orints on the above project a S "'(Dii recruesl-(-!cj fo.r. t-Anc-. P"E,V i.(-"v 7 Please make me aware Of when wJ-1.1. aS I ViOUICII Ma):e myself available thi.--tt -t-.he Loard may have. Ji. neccssa: COPY T SIGNED: P"-.242 LV:F:JW- Inc W M 01471 If enclosures are not as noted, kindly notify us at once. P. T� i am S --- THE WILLIAMS CO. & BUILDERS DESIGNERS BUILDERS INC. 1019 lyanough Road Route 132 BUILDING SYSTEMS HYANNIS, MA 02601 DATE JOB NO. (617)r7�78�-12-/}8�8/� ATTENTI N To .,j"!�• �/�-t /.�/�L:C.J� RE: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications Copy of letter ❑ Change order p COPIES. DATE NO. DESCRIPTION Z2 1 t tv i 1 1 o 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 : ' c I Z / 4 COPY T • 0_ SIGNED: %RtiOuttier42--; �lu. If enclosures are not as noted, kindly notify us at once. JOS ding o Daoner XXK1FfiW tit8il�txXXftkk**x Building Commiuionrr _ EXT. 107 xxxxxxxxxx TELEPHONE 508-790-6227 TOWN OF BARNSTABLE f, F BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 17, 1991 'a To Whom It May Concern: RE: A=308-073.002 Barnstable Building Permit #31389 259 North Street, Hyannis 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, r eph D. kaL i1 Building Commissioner �j JDD/gr ----------------- BILL INQUIRY --------------------------------+ (Action: Find Next Prev Browse History Detail C=Notes/Spec-Cond . . . (Query the receivables file. 1 I _ I 1 Year Type Bill # Cust # Name Notes/Special Cond? N 1 1 1999 RE-R 15 19012 259 NORTH ST LMTD PTNSH I I Parcel ID Property Loc/Ref Parcel ID I 1 308-073-002 259 NORTH STREET 308073002 I I 1 Int Date Billed Abt/Adj Pmts/Credits Interest Unpaid bal I 11 12/22/98 6, 512 . 10 . 00 6, 512 . 10 . 00 . 00 1 12 05/13/99 7, 249. 63 . 00 7, 249. 63 . 00 . 00 1 13 1 j4 1 1 Fees: . 00 . 00 . 00 . 00 . 00 1 I Totals: 13, 761.73 . 00 13, 761 .73 . 00 . 00 1 I JAN 1 Owner: 259 NORTH ST LMTD PTNSH Discount : 00 1 I Mail Addr/Tel 297 NORTH ST Due 08/25/00 '. 00 1 1 HYANNIS, MA 02601-5108 Per Diem . 00 1 Int Paid . 00 1 1 11 of 14. 1 --------------------------------------------------------------- --------------=--+_ ;; /Q94l- /??Z _ DES TOWN OF BARNSTABLE BUILDING PERMIT PARCEL ID 308 073 002 GEOBASE ID 22042 ADDRESS 259 NORTH STREET PHONE HYANNIS ZIP - LOT 6 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 89275 DESCRIPTION SIGN 71" X 51" PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE AsaiuvsraBIX, * , Mass' 1639. ED Mi►t A - - - BUILDI O��IVISI � BY O_ i�,/.��___ DATE ISSUED 12/23/2005 EXPIRATION DATE _ yr ' i Town of Barnstable �TME Tq�� Regulatory Services ' O,^ Thomas F.Geller,Director .. ` a"x`''AM g` Building Division i639. ♦0 V_ A�fo 39.E a Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit# A lication for Sign Permit 0-1 Applicant: Assessors No. Doing Business As: A'Telephone No. b Zi d Sign Location Street/Road: Zoning District: Old Kings Highway? Yes/No Hyannis Historic District? Ye /No CD Property Owne I, Name: 'Telephone: , ) -7.7 M �= rj Address: 211 ►"�'� ``►�"� MVillage: Gni^� i . i M Sign Contractor SU - s j —7-VV. 6 Name: S I CXN S J C�� Telephone: W q CD r- Mailing Address: a W4 S�f-e st, lJ�'-�"c,'�} S 1M O �� �'.`,L`' Description V . v 1 Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of 1 the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes (Note:If yes, a wiring permit is required) . r, Width of building face_5_Q__ft.z 10= '�00 a.10= I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construct' all c orm to the provisions of§240-59 through§240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent Date: le s �. >��, i Size: Permit Fee: Sign Permit was approved: Disapproved: Signature of Building Official: Date: Q:1 WPFILESI SIGNSI SIGNAPP.DOC E 71 ee2-.. - 1 r Y - t 4f4 °,�^� 11rn��'•tNl=�; ?� s, k9 +� px.:?"' ..,3, taa�.. Oft tv s dam , Ia ai ' 6 -A !.. - i Iffi LIA 1,211 -li # ■M� .rsw�y,q +e �e �Ild71i • 7 NABS ` pp� 1619. 367 Vain Sl.eel, -Ayunni.l, Mam. 02601 NOTICE OF PUBLIC HEARING UNDER TOWN OF BARNSTABLE BYLAW, CH. III , ART. III , SEC 5. To all persons deemed interested or affected by the Town of Barnstable Bylaw, under Chapter III, Article III , Section 5, you are hereby notitied that: APPEAL NO. 1-85 . 10:00 a.m. Barnstable Group Ltd, has appealed to the Board of Selectmen for a Special Permit for lesser parking than the Town by-law provides for a new retail and office building located on Lot #6, North Street, Hyannis being Assessors Map #308 Lot 73. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 10:00 a.m. APPEAL NO. 2-85 10:30 a.m. Diane Cloutier has appealed to the Board of Selectmen for a Special ' Permit for lesser parking than the Town by-law provides for the constoc_tion of 5 Townhouses with 14 apartments on Washington Avenue, Hyannis being Assessors Map #308 Lot 198. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 10:30 a.m. These hearings will be held in the second floor conference room, New Town Hall , 367 Main street, Hyannis, Ma. on Thursday morning, August 8, 1985. You are invited to be present. by Order of the Board of Selectmen Jeffrey D. Wilson John C. Klimm Martin J. Flynn Barnstable Patriot 7/25/85 and 8/l/85 �7 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 308 Parcel 73-2 Permit# y�y3U f Health bivision Date issued Conservation Division -'• Fee . -- _ Tax Collector N c 5'i 3 6 8 o a Treasurer - 1. Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis t Project Street Address • 259 North St. ; Hyannis, (11A 02601 Village Hyannis Owner 259 North St. Liriited Partnership Address 297, North S"Ci^eet, Hyannis- Telephone (508) 775-9316 R Permit Request TO HODIFY .THE,FOUNDATION (PREVIOUSLY REQUEST%D FIND F;PFLIED FOR; ALL FEES PAID) /'AND CONSTRUCT ONE 'STOPY BUILDING< , F0 nda�i o�� Square feet:>aX0(fX�b existin 8q '000 proposed 8,000 2nd floor: existing proposed Total new jr '0oO - Estimated Project Cost -Zoning District business Flood Plain no Groundwater Overlay Construction Typewood Fran,e vi/veneer Lot Size Grandfathered: ❑Yes ]No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑- Multi-Family(#units) ocher: one story office building Age of Existing Structure N/A Historic House: ❑Yes U No On Old King's Highway: ❑Yes ®No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished'Area(sq.ft.) Basement Unfinished Area(sq.ft), Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count • F Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other ' Central Air: W Yes . O No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:U existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of'Appeals Authorization ❑ Appeal# Recorded❑ Commercial ®Yes ❑No If yes,site plan review# Current Use Proposed Use off i cer bu i I d i ng BUILDER INFORMATION Name Michael J. Roberts Telephone Number (508) 775-9316 Address P.O.-Box 168 License# CS 053861 Centervvi i le, Pelf, 02632 Home Improvement Contractor# 101119 Worker's Compensation# NUX6014570 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO o-r f CC-Pe SIGNATURE DATE _ O FOR OFFICIAL USE ONLY 1 r ,.- a PERMIT NO. DATE ISSUED; 4 MAP/PARCEL NO.{• ADDRESS VILLAGE ° OWNER DATE OF INSPECTION: - - �r FOUNDATION . a' FRAME 7 1, .. ! • - • f- � #,' _ - .. j 1 •. • i INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH' FINAL GAS: ROUGH FINAL' FINAL BUILDING' -6 ` ' + • = i - DATE CLOSED;OUT — r. t ASSOCIATION PLAN NO. ' E Aidi- �,--� ds e4o'Lfi :vaav Jo-,�y ' 771 ^t-£L �3�Dej qoC �'• v / I p I I ,.. `-� : The Town of Barnstable - _ FITA Inspection Department �,N.N 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. Martix%, 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. - 594701A IN[TC =' The Town of Barnstable 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, GY� Q4� Alfred K. Martin Building Inspector AEM/km cc All site Plan Review staff enclosure S94701A r --_- The Commonwealth of'Massachusetts Department of Industrial Accidents Office offnyestigatioas 3~ 600 Washington Street Boston Mass. 02111 Workers' Coapensation Insurance Affidavit name. Sippewissett Construction Corp. location: 259,' North St..; city Hyannis phone# (508) 775-9316 ❑ I am a homeowner performing all work myself. ❑ I am a sole proprietor and have no one working in any capacity Q I am an employer providing workers' compensation for my employees working on this job. compnnvname• Sippewissett Construction Corp. address: 297 North Street city Hyannis, MA 02601 phone#: (508) 775-9316 insurance co. CyberComp pricy# NWX6014570 ❑ I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below who have the follo«ing workcrs' compensation polices: company name: ...:.:.....:. address: city: ybotle#- insarnncecn. ehev#.. _.. ...;:.:......::.::.. company name: :;..:...:; :.,::.::::••:;.;::;;:.:;, address: cih— phone#: ituarancc co. pricy# Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to S1.500.00 and/or , one years'Imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby certify under the pains and penalties of perjury that the information provided above.is tru<and correct signature President Dace 8/14/00 _ Print name Aaron Bornstein Phone# (508) 775-9316 ofdcisl use only do not write in this area to be completed by city or town official city or town: permitNcetue# ❑Building Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; ❑Other (revues 9,95 PIA) m fQ •••� SITE PLAN FOR MAP 500 PARCEL 80 STANDARD LEGEN0 LOLn dew MFfE1l�l1�� cn i+ % C7 /. d sa•renr ,�, 35.2 ` maim m + mum I LO '~ -•- — Q' - /���• ( .- .axis W • 1 35.2 k ,sir / rormm / Ah lain we ,y,� _ ► r" tz T ♦/ �.. sia srWunr Z 40.5 5 i� ♦ _ �, � 43 WATER ELEV.= s ss+ea Cp 34.49 MOM quo 0100101FAKINK 9 - - / • �� � wl�fo�l Nr11I�ERR1iLL ElNeL111fAti1[ l R. IIot611�M1(fli[�Ilf/ItiWIR1tMIS[�116�f imam ar-srr moan r r-w.mom wnsosntir r-irr sraraa.cr i ■rs nw ner�n srw�rrraE ronssr soosss�s.issH D ' G•1 m , m cn ✓he -6amrrconawalM. al 11K. Xa� 4 BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 053861 Expires:02/13/2002 Tr.no: 17551 __..._.--Resbfcted To: 00 MICHAELJ ROBERTS PO BOX 168 (• a-� �i! € CENTERVILLE, MA 02632 Administrator Iv- w l Ir��►L 673. Q MAP A. 06 ! �:�•..mow C...,:, . _.. . .��... ({ iu;vvGiRAR��STABLE ti p( �u� +�Ge �( BUILDING DEPT. SSESsa+t. (cxtr�g rZ APR 13 1994' wvhmc GF Ai2" FA Muc (uG 627 Nri OmC6 /Sep svpr6 CGAss - 5401 37 ML C 60 '-10"Od-10" 1 wGtb11A[G 901L.-Ocn1G FA 16U I LI I94 A Ft,,41N *WC-) IS1,6 6 t4.001t C PAT Ivy << 1 [�s ' W 4 745 3q uo, (83%) w I sr 4-, 74 9 3145 (") Zua 04,9 3863 (82%) Arm A (►4!) _. Ca PA . 141244. to,ga� (°� or-1~tc6 j oo - l PAWKA A14 P�M*M � �?on s� ��11 u+,�lG �® Prv�. 0�� ! 3 t' �.l i �J TOWN OF BARNSTABLE, MASSACHUSETTS ASSESSORS MAPS •i AIL �'�►G _ • �K ~� v.MKS ►0� n � • rr� 1,e►c 0 "amse v11AAea a� �t t i� '° 1p + AL • it� V o l "• • � /I y'.r�.• ... ,..-, � AAA 1 o e 6• ,•A M !�A bi 11 y 44 t •'� w --- i ° ! - .' • 4 44 No g 1 '� b .t � 'tj♦ � CJS\'�0 • t ip Ail `MAJ`VF `OTOM �•0. sr %qb \tip t �• a9 '; gray �, \-p `tsfh ,,ti a•17 VIA >a s `�� �r .N°'�t••f v y6�� a tit•4 � ,,, },1/► AGa `\�'�' . • b `A %10 .s4+•' aty-0 A i•� All 142 137 °t ►G t •, 138 13a •>•o IA1 .Ix b 11 "a•C .OK �41iC .14�. HIAC Nq \9t4 .� ! 0 y ! N `ajb ,, •� •� o• •a.• v ' tIL %go ISi 1 41 162 14a 152 131 Y ; 2�ne•f' `99 �► �9b r. qq lea a n w r b 4s.c �. w if0 07aC3 19AC s \0 146 134 161 w •owq •• M OAA M t4 01K„Q ` : Mac ARC 2 •wwy•�wltJ � y 'W H • ,9�'• 'b �ar.�w�•1 ewv181w If 147 £ d WU TZ:OT b66T '£T "8dd :-131 W021d Letter of Approval from Site Plan Review(if necessary) g If located in OKH or Hyannis Historic District- Certificate of Appropriateness required :�❑'� Plot Plan EJ----'Map & Parcel number g,----Full Description of project (U-value of replacement windows if applicable) If sprinkler or fire alarm system is required, do not accept application package without prior approval from Fire Department(phone call or in writing). Sign-Offs from: 0 Health Tax Collector Conservation 0 Treasurer Z '7 If ZBA relief(Special Permit or Variance is required for project: 4515 Copy of Decision � /9y Documentation proving that the decision was recorded at the Registry of Deeds w/in one year of ZBA decision date. Street address of project Correct square footage �. Estimated CostS �y Oer's name & address Contractor's name, address & telephone number Contractor's signature S S � '�"� �` S r Full sized plans, stamped plans (1 full size and 1 reduced) Y a 0/Workman's Comp. form ��Construction Super's License .Check expiration date on license r?-�00 next to restrictions Permit Fee 'a, 112c'5-,a C-)r -A Separate check for Inclusionary Affordable Housing Fee(Additions) q-form"ermits 1 rev.05/22/00 NOT,E,S 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. HOLLY MANAGEMENT & SUPPLY CORPORATION, 297 North Street Hyannis, Massachusetts 02601 .(508) 775-9316 FAX (508) 775-6526 F: October 5, 1994 . t. Gloria Urenas, zoning Enforcement Officer a F ' Town of Barnstable Building Department jI 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 Town .owned North Street parking lot. s Kindly yours, Aaron Bornstein AB:jk Enclosure cc, Ruth Ann, Santos Dept. of Mental Health V W a - =' APPLICATION FOR PERMIT TO INSTALL AND REQUEST :,r FOR ELECTRICAL SERVICE pector of Wires i Wiring Permit# COM/Electnc#. wn of` Massachusetts - Bwlding Permit# Date #, stomer Lot# "in the village of itility pole round n,.number or undefgumber' f Customer's titling address' ' 4 s.. mporary " New installation Change of service Staaiin Date b.description o z1_401 :: ILI _ t rvice entrance volta a Amperage Phase Wire size(cu or , v Conductor per phase Number o`meters "Water heater Off peak:Yes No—: µ , dryer H &.Ph r asJ LL ady for first inspection Ready for fina ins c' E �y n w 1 ctricaI Contractor Lic.# Telephone# dress � � . Do,Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE r , :. ;; - INSPECTOR OF WIRES SPECTIONS . ' " . .. . ,: ...DATE- ;. . .: .,, . ... `FEE CHARGE " temporary Service Roughing_in Service and Meter Off Peak Meter Final Approval Disapproved' / or the following reasons CERTIFICATE OF INSPECTION DATE a the COMMONWEALTH ELECTRIC COMPANY.The installation described above has been completed and ha been inspected and iproval granted for connection to your service. pector o Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA 4e-1 hite COM/Electric Green Inspector Canary Town Receipt Pink Inspectors Copy. Goldenrod—Electrical Contractor to COM/Electric rip THE • s<y `r �1 n pp GG,z101�o CY rf•t.IC L,.•�i:it: Yr4O:A• ,,\//,,,,�,([\\'` ''r}y'J �rII Ir�� '�Ir �(�7� rI�'r iY s.►S 1017 I'y'd�-I(;f.l��; {�''Or13 Cf R"l:tF'. I S FMS F-;Y '•,I�FvIJ, tv1.,4 :�r'(a/1 DATE • JOB NO. ATTENTION TO ,7 RE: PU ilc?ina S1iS `t�aGi Or 1Jorth .3t L Town flva '1P1i CG7Y1fiE'1&����. %'` VC:.i.OF!r<?E'nL WE ARE SENDING YOU © Attached ❑ Under separate cover via— the_ following items: ❑ Shop drawings ❑ Prints ❑ Plans Samples ❑ Specifications ` ' ❑ Copy of letter ❑ Change order p COPIES •DATE NO. 7 DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resua(nit copies for approval O For your use ❑ Approved as noted ❑ Submit copies for distribution Cl As requested ❑ Retgrned for corrections ❑ Return corrected prints ❑ For review and comment ❑ O FOR BIDS DUE 19__ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS near Joe: I'nc posed- Ire rvr ) aS Of COPY TO M. .• ~ SIGNED: , a7o9��t?.I}p j%' � .•':�opn. 1/enclosures are not as noted, kindly notify us at once- a 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 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 narking 116t, 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. 2. The Petitioners shall have the right to use an amount up to and not to exceed thirt the Town of Barnstable Parkin Y ( 30) parking spaces on Barnstable Assessors Map 308, parCelo72slocated on Town of 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 propert to the the Barnstable Housing Authority. Y belonging 5. The Petitioners agree to parking lot in accordance with provide planting for the Barnstable Department of Public Work directions of the s agree to expend a minimum of Five Thousand Petitioners Dollars, and a maximum of Ten Thousand (55,000.00) for plant materials ($10,000.00) Dollars not preparation and installation ofmtheare plantings.o include the The Board of Selectmen, COMMONWEALTH OF MASSACHUSETTS Barnstable, ss '' /?, 1987 Then personally appeared the above named ANA%Agr1.✓ , -4 1 WW and acknowledged the foregoing instrument to be his free act and deed, before me,. P my commission expires: N tary Public L 2'. lAIt7TAlL �o Urf►� 36 7 Main Street, ✓dyunnij, 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 Selectm en Town of Barnstable ,"'• .�Rr� THE 11 ILL IAr,;1G CO. + 1010 lya,IY:.Inh Road Rnutt� 132 L[EU EW V "T--�" OOM ` �- IL e: n�Is HYANNIS, tv1A 02601 DATE Joe NO. 10/10/85 (617)778.1288 ATTENTION RE: TO Air. Joserh. DziLuZ North Street Office Bldg. l:uildina Inspector llya.nriis, MA Town of Rcirnstzihle Commer&ial Development WE ARE SENDING YOU Q Attached ❑ Under separate cover via the following items:. . . ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter . 0 Change order . ❑ COPIES DATE NO. DESCRIPTION 2 set: of Progress Prints 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 U Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 O PRINTS RETURNED AFTER LOAN TO US REMARKS Dear JoC: cnc Lased arc, two sots of pror ress nr.ints on the above project as You rec;uest ed *or the a,rchitecturcnl. PEvi.ev?. Please make me aware of when the .rcvi ew will, take y)lzaCe, T would make nyself available i.f nec-css�iry, for. ai,.y que>st ons thi t `F.hc i✓oard ray have. COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. F TIR THE WILLIAMS CO. DESIGNERS & BUILDERS INC. [LLECTULEQ QO IF UI ( e 1019 lyanough Road Route I32 ���� " �BUILDING SYSTEMS HYANNIS, MA 02601 ' DATE JOB�� NO.8 ' (617)778.1288 ATTENTI N TO A'� ` Imo"")Z RE: 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 fs ❑ 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 cZ ti COPY TO SIGNED: PRODUCT 24? 1w,Gm,.Mn 01471 - i/src;o.urrs�.•re not as noted, kindly notify us at o::CZ. - p l A'ssimor's map and lot number ... Q '. •1-7 . %TN E /� ST CONNECT TO TOWN S O TOh Sewage Permit number d Lam/{. ��' ,�J/bf o House number J F SASd9TAXLL, 29 C: p t639. \0� �0 YPY d' TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO - Construct new building .....................................................................:.................................................. TYPE OF CONSTRUCTION ................Steel, frame...-, off,ice...buildi.ng.................... ....................June...13.........19....... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......................North. . . ...Street. . . , Hyannis , MA .. .... .. .. .. .... .. ...................................................................................................................................... Proposed Use ........,.,Off ice building .................................................................................................. Zoning District ........................................................................Fire District .......Hs'annis............ ............ Name of Owner Hyannis Area Development Trust Address ....297.. North Street, Hyannis , MA ... ...... .....................t ............./..................... Name of Builder „The Williams Company Address 1019 Iyanouc�h Road (Route 132 ) Name of Architect Resigners & Builders Inc Hyannisr MA 02601.............................................'.Address .... Number of Rooms ........See Plans...................................Foundation .,,Reinforcing Concrete Exlerior ,•Clapboards.......yinxl Metal deck and .....................................Roofing ...asphal,t shingles Floors .•.,Three plus attic .Interior Steel studs........................................... ................................................................................ rieatingle...........................................................................Plumbing ..... es................................................................ . Fireplace ...RQ..........................................................................Approximate. Cost ............�9.00,S,000,.,00 Definitive Plan Approved by Planning Board ------------------_.--.-------19......... Area x.=FQFQ--�....5c1 Ft.•....... Diagram of Lot and Building with Dimensions .0/ Fee ..... .. 4D........... SUBJECT TO APPROVAL OF BOARD OF HEALTH -,VC1— . i .. 4 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of th of Barnstable reGlicirding the above construction. No ..... � ...�ger . 4IiYYiams . Construction Supervisor's License ........0.10246........................ ,tsYrii�NIa At2E DEVELOPA•IiENd , RUL -- " rh No .:'.1359 ermit for ....BU LU...Cc�a; ercz� - - OFFICE BLDG. ......... .................................. Locati.on ......259...North...Street......... .... - . .................ram............................................n:,i ... ' r H annis Area Deve' �;;ienc Trust Owner ............. .............................. ...... I. .. r Type of Construction ��f�s !� f V _ .... .... ..................................... .................. Plot ............................ Lot ......................... .. Ivoyember. �. � � Permit Gran,ed ... . ...5. .......19 &, % Date of Inspection,_:.................................19 Date Completed .......................................19 rri tC11- O N r•_::; aa��� 073 - dd ngilneeering Dept. (3rd floor) Map Parcel Permit# 3 J y House# d y IU- JJYDate Issued 2-4� - / 9 Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) Fee Conservation Office(4th floor)(8:30-9:30/1:00-2:00) Admin RIA@ 1HE roved b 1i�`l3eard 19 BARNSTABLE. �rED NIA s�� TOWN OF BARNSTABLE Building Permit Application roject S eet Address y AM47—W -57— Village9/w.y/5 , Owner N, -6-2 A)6,e7# _< — Address Telephone - :;?7 !1,2 / Permit Request ' , f A C e2 - First Floor tJ square feet Second Floor square feet Construction Type Estimated Project Cost $ 40 Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ❑Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing New Half: Existing New No.of Bedrooms: Existing New Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove ❑Yes ❑No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial Wr'�es ❑No If yes, site plan review# Current Use Proposed Use Builder Information Name /;�&,//9 e-L —e?/P2/� Telephone Number �JVf 7 5'- �'3 Address / e, License# Ley k4 y/Ile e,-.?4 3 2 Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE �� DATE /a BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) 1) )I5 Q •c��:z"aat��t3'.���.`b �'�. r,C _ ��. .t4 4 i `} •�..n y `>+ 1 da` °' Y...'1K s •5, '"'= S 'A4 .:I ^� ,�a Z. e-- ..x" t a. ?�,�. s .v -� ;a:: fl. .'x •y ;v�. 1 K `r e s i t "s_1sF9 �+•� .2..i" _,.., >• -.,t {'_._. ..�!o, ,c. .s "_ �' .... ., `�r :�.� +.r�, �&J'- •K:. •'� s..-r�•.3 R Y M-�rw5+..fr t#"lam � ! Y..S\ -fu.P. sl-. .f;1.A.t-. �•L. y-y -k.. 'a. .• •:° - •oi'. .'... .... :• t.r-::s. �_-_r Y ...s L o c a>f> c '+ ,�•�., .,, .? ,..3..:�-s' r.: u.-.fir w�. ,.a.., r'_ 'fie'a?,.�_ ;y •..'za•�z 4 '� ��.:.�c••+:r� � �.c afc ...n... lres.. .:t if i.i:.� s :•._.. �..Y. - .. � ¢.� r 'G- ..lr-.''. +i;. ��r+'a, z y. a' r. ( •3 I r 1 y--• i 1 N71 r I� f ZOr i .e- (Q n z .p f J 1' n �� �• .( ALIGNibv J1 jt q lY Im :o n n •T pp 1 -•_t -t fF 1 �Q t � ; T W S � I VE (sA Orn Al J rn -M 40 rn - 1 ao co m rn } s m o I m o m m p s C s w • y m c-, � cr, .-- o N 0 r The Commonwealth of Massachusetts --�( Department of Industrial Accidents 't- exceol/ayesd9adons _- 600 Washington Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit locationg- city phone#_ 508-775-931.6 I am a homeowner performing all work myself. 0 1 am a sole proprietor and have no one working in any capacity ti ® I am an employer providing workers' compensation for my employees working on this job. e; 5UFFI] LD MANAGEMENT/THE BORNSTEIN .COMFANIES add r^ . 297 NORTH STREET HYANNIS MA # 50$ 775 ..9.316 insurance co HART-FORD INSUBANC CO pohcv#' 34W]3EY6 53 IN I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: #• insurancc 4. address: n c :additionaf`s�eetll'ieeessa Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to 51.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. i understand that a copy of this statement may be forwarded to the Once of Investigations of the DIA for coverage verification. I do hereby certify under the . and penalties of perjury that the information provided above is true and correct r Date Signature_ l _ Pont name �,A , Y K�f Phone#�r���7l �s�.)L yofficial use only do not write in this area to be completed by city or town official t r'1Building Department city or town: permit/Iicense# oLicensing Board , OSelectmen's Office check if immediate response is required OHealth Department ~' Other contact person phone#; f—t ' rr (rmsed 3/95 P1A1 HOLLY MANAGEMENT & SUPPLY CORPORATION 297 North Street Hyannis, Massachusetts 02601 (508) 775-9316 FAX (508) 775-6526 October 21, 1996 Messrs . Ralph Crossen & Warren Rutherford Barnstable Town Hall •367 Main Street Hyannis, MA 02601 Re : '�2.59 No`"rth4�Street Pdrking`�Lot��`., '" '�°D`epartmerit•of Mental�Health4" Gentlemen: I am enclosing a letter we sent to you a year and a half ago. Apparently, there is still a problem between Mr. Pina' s bus tours (especially this time of the year)' and the employees of the Chrysler agency across the street . This is a government agency and they are very unhappy with the situation (and I really do not need the aggravation! ) . They very often have large meetings and require their parking spaces . I would appreciate any help you can give us . Kindly yours, tuart Ornstein SAB: jk Enclosure HOLLY MANAGEMENT & SUPPLY CORPORATION 297 North Street Hyannis, Massachusetts 02601 (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 189 parking spaces in this lot, most used up front, for , . public parking. However, we have different people using these spaces and I question whether they are allowed to use it in the way it is 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 park in 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 . 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 enforceTent agent, but she has been unable to help. This must- be addressed immediately as it will only.`", continue to get worse. Kindly yours, tuart A. Bornstein SAB:jk Enclosures cc: Ruth Ann Santos Deptartment of Mental Health Ray Robinson Kemper Securities rT Y. • F.5 JUL ELLIS Ate'=.ET f1��T,.. �w T "$�� $p�.RA 0@' $E1.ECTMEN TOWN OF DARNStAHi.E SPECIAL,-`PER.M-TT ,DECi•STON ,AMb NOnCE A sch:0e oJ:od heating of the Roard of 5elsctznan -hold on August .8, 1085, notice of which was duly publis:hedt the petition,,r, R,� .nstable Group Limited, request a Special- permit pursuant to ,.action s-2(c) from the Minimum Parking Standard+v of the Town of Barnstable zoning Sy--Laws. in support of thig petitidsi, the . •Petf tioner presented evidence that th< following conditions applied which would warrant relief : The Pattti.oners are constructing all offf.c.e/r*tS12 eocaplIox cuff oG North Street next tO the "West Lnt)" parking lot. The patitinners project requires pursuant to the Zon i.ng - Sy -La,4 eightY (80) gp aLces, however there are only fifty ( So) spaces available on site. The Petitioner are requesting to use the "west End" parking lot, for thirty ( 30) apace:. f xn exchafi�-s EOz the'-u_ so izf'-th �fight tiO+ Uso th_e _""s'tJ'� . dn. pa'r1cz:'ig lot, "tht: PatSiio5ners­have -a-ro*4 to ee--stripe the panic ing loti • to show a total of one hundred sixty ( 160) spatass in addition, the Vatitioners agree to provido 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 ra Town parking lot ? render a lesser provision adequate for all parking"needst f'Tn partictila;,f t2�ti' ava�tZability o� he munirfpal _lot os a common parking/ c ' sSh p gon that" dfI fi r :ef f i - -- r Main sad therefore, would not be- "ink conflict with the merchants. For these reasons stated, the Selectmen believed that a Special permit is to be granted. i - • , ;• In granting the reliof sought , the Board of Selectmen have imposed the following rights and conditions: I. T hat. the P9titioners and its successors in i„torest shall have an easemernt from North Street to .their prcage;cy shown on Town og 8&instable A�sassors Map 309 , Marcel 73-2 , across that property owned by the Town of Barnstable beinc shown on Town of Barnstable Assessors Map 308 , Parcel 72, such easament for ingress; and egress from 1 thn North street to the Petitioners property Shall be for i all purpofces cninnonly used in the Towti of narnstahl' . 1 JUL' 11 91 1 I:45 ELLIS ASSET H1ST �,p'• 2,,- dtitidh6rs shall have. t ie y right . _t© use, an -w4ount -upto _and�not to,excacd thirty :'(30) narkl'ng ssp Fees on Z'tho Town - OE'- B.arnst.sble Patkinq ,Lot_ .located on Town of: Barns table *ssesi fora Map�,408; P7. rcol 72;6. 3., The Ptt,irbianers agree to re—stripe bite municipal parking lot as described above to provide for a total of one hundred sixty ( 160) spaces, 4 . The Fgtl:tivnors agree to provide natural sozeoning betwean the, Petitioft,'rs property and that property belonging to the the 134rnatable Housiriq Authority. S. . ThO Pe•tiki:o.ttnrs agree to provide planting for the A parking lot in ac"Hance with tho directions off th® Sarnatzrbla bepartment of public W rks . ; The petitionors agree to expend a minimum of Five Thousand ($5,460.60) Dollars , And a maximum of Ten thousand ' (�101000 *00) Dollars for plant mats.�rials, said seats are . nqt to include the preparation and frsItallation of the p140tinos. TM% bird af' $4�.e;d:t i Ci iHQ2,i�l ALT�t OF nx-as?'4 '8z�' 5 ��,ri,�,n, ��z�dria.���ti�.,:����ni�.�.���� f.ti.� ��du� ,r:asne:ct r�r%�trl�•� ,_�,✓' : ,, `,..•„.pp.,r c r Y h' s� g�pe•i��c.�•'. a ' .;�1: 'f��r .• !t(ll� i', �.; ;/'r"J 4�:{7.i .{!� '1}r. ; r''i1R.if�{',;`?.511i°�{`° +f � I• tiS1 :) � �,�;9,� ,I F ,,�;i., ill.• �•� :, �l� I � ti . . i:..:,.,�...f r" ti' ,-�' ? •IJ �iF�t���: :' l°ij�[�: .4i;�•'r, ' ' 'I «,_ i'.fJ •r �.v f•�I , 1 ;ai f 1 i.:.;,� '•� is �'1..�.li!�'I•ih l� t:. x r� m" '?c".Qtnrtt�Ss�Q.n ti�/S�(�xl�•PFj..,r I + . , ( y. l�tti 11 , ,. ,t1 � } 4-j,„ ,,��I•! ,AJ�r , • �� I I •�,' t;,i,!,� ,' :''�aI jij�r� �!� ,V�'11��, '!�: ;.��.� ' '?F'�' t�/ 7.•7, .•�,7 !' 'I�fi. •I• .(: ' 11t11: �:�i !' :f '�i'•:�.`,�•".�:, ji;; ��' '' ���I..I, i.r �t'•kil":j..'1:�. f � I� ., ;`� •�;' ��.i tfd�'1 �� •�'•'•V:�."�l� rt': � ;,.; 'r'�Mn'3t•r 1 v It..t.�},.J i ` � �I't'I �4 4 •Z'�� . .,. !�11•�'.�t I•ii •� '��li`{•-'f ! !5'',i1.,5p�;�I'�),+y'.'l !!t';+�`-•.�fi�f ; tt 4� )�'�4'�jr,al�Nlit �!S" f�{ 'Fi1�, ;{ ,v § 3'.1 • � r.�. . ♦� :�. '"'�: �•aytr,�r �, �il••� ,.,' �� I.i � + � �f Iti t':� ,� 'p��11 '• �I•;t ,, ,.'I.y�• I ',,.,,•`.�1yr�.L.p��, �1:.,'t' .a:. l ':�d,{5:1�''4�P!ti�l,�• ,?�' /�I�;. ' Cxx�ii �ta - ..,� �_F r��_t -.-ID:. Y} � � i t'.t'i,...`.rb"��.a'93'_�� �`�� '����•:� '°a"Y,�?:'*�''a.�'T.�� x. _.`�..,'_.�" 't.:., r;. +nF'>.a9'J� ..�• �.:,4-a t3,� TOWN OF BARNSTABLE, MASSACHUSETTS8 ` A=308-73--0012-, ✓ �j -'- d - DATE October 24 19 94 PERMIT NO. N �3 ■�]1-Z-3 APPLICANT Stuart Bornstein ADDRESS or treet, Hyannis #018226 IN0.) (STREET) (CONTR'S LICENSE) interior Renovati n Commercial Bld NUMBER OF PERMIT TO ( ) STORY g. DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) L57 i,jort11 Street, Hyannis ZONING B AT (LOCATION) DISTRICT_ (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LO7 BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) Sewer 43176 REMARKS: VOLUME No Area C:Yange ESTIMATED COST 60, 000. 00 FEE $ 420. 00 AREA OR (CUBIC/SQUARE FEET) OWNER S. Bornstein L55 Norm J reet, Hyannis BUILDING ADDRESS BY t �J 9! �DL31tT1\ 74' � ' �' LIEVUEM VF VQURS u1E1 0 L'T'QL s.n-,AS H 4r-46, VA C;t • i; ! DATE •,r .foe No. �lil:, r .. ...•:�- ' ATTENTION RE: TO h:i+ J?S('J - T C2^r-• i- 1 .L'.LilIC?111Q Zl'.SF!>t`t"07' - fly -nnis 14 s-1 i CUfi,C'tQ29T r�-• t �J-ray 1� i WE ARE SENDING YOU © Attached ❑ Under separate cover via t } the following items: - EJ Shop drawings ❑ Prints "❑ Plans " b t N ❑ Sp c ifications ICopy'of letter er COPIES '- DATE NO. -I 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 Joc: as yor, - 'ray: :•l, - �.- of :OPY TO SIGNED: If enclosures are not as noted•kindly notify us at once. I ROCKWOOD JOHNSON & MORIN �5 COUNSELLORS AT LAW 840 MAIN STREET ; '•fit-f' POST OFFICE BOX 377 ! OSTERVILLE,MASSACHUSETTS 02655 CRAIG T. ROCKWOOD TELEPHONE(617)428- 964 PETER B.MORIN JEFFERY JOHNSON i June 26 , 1986 Steven C. Hall The Williams Co. 1019 Iyanough Road Hyannis MA 02601 Re: Barnstable Group Ltd. North Street Hyannis MA 02601 Dear Mr. Hall: Thank you for your note of June 20 , 1986 . I had never received a copy of the August 22 , 1985 Selectmen' s contingent approval of the Special Permit request . The only issue of which I. have note is one regarding public access to the town parking lot . As I am no longer a?filiated with the principals in- volved, I suggest that you contact them directly or the Selectmen' s office for furthe4ea al cer lor Rock ood ROUGEAU,, BUTLER & LARGAY COUNSELLORS AT LAW 720 MAIN STREET POST OFFICE BOX 608 HYANNIS. MASSACHUSETTS 02601 RICHARD N. ROUGEAU (617) 771-4230 WILLIAM F. BUTLER. III RICHARD P. LARGAY February 2, 1987 Mr. Lawrence Duncan L9 S S1n OFFICE OF PLANNING & DEVELOPMENT Town of Barnstable Town Offices Main Street Hyannis, Ma 02601 z/ Re: Application for Special Permit of Barnstable Group Limited Dear Larry: I have provided your office with a proposed decision of a Special Permit which was granted by the Board of Selectman on August 22, 1985. As you ar aware, the construction project which has begun on North Street may not continue until this Special Permit issue is resolved. Until such time, the lending bank refuses to forward any more money on the project and we have, therefore, come to a complete standstill. Your prompt review of this so that we may go forward, would be greatl y y appreciated. Please contact me as soon as Pos sible for any revisions that you may have on this. Thank you for your prompt attention to this matter. Very truly yours, Richard P. Largay RPL:srr cc: Town Council, Robert Smith Williams Company , r 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 te, 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 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 o e 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 . g s r v 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 t Then y personally appeared the above named A244-197'il✓ and acknowledged the foregoing instrument to be his free act and deed, before me, P r;N �ta=r�y Public Q-) my commission expires : 7, /993 SENT BY: % 4-13-93 2:27PM 5087796448-0 5087753344;# 1 ' AN � HYANNIS FIRE DEPARTMENT " ' 95 HIGH SCHOOL ROAD EXTENSION F'► HYANNIS, MASS. 02601 FA 1 PAULD.CHISHOLM,CHIH ° .� A SIRE PREVENTION e: BUREAU PflFI:NfiIO �±/ LT, DONALD H, CHASE, JR. LT.ERIC HURLER Inspector Inspector. TELECOPIER TRANSMISSION COVER LETTER SENT TO : SENT FROM : ;c. ZLM SUBJECT : lcss� a NUMBER OF PAGES, INCLUDING COVER LETTER, BEING TRANSMITTED FIRE DEPT, 775-1300 1 TOWN LINE 790-63281 EMER6ENCY 775-2323 1 FAX 778-6448 l k 31) V N \Q \Uv'1 V '1 R A S s} 6 t t` w HYANNIS FIRE DEPARTMENT� : . :. SCHOOL ROAD RXTEN HIGH $CHO E3iON 0 HYANNIS, MASS. 09801 Case # -- P�u1 David Chisholm u` BUSINESS; 775-1300 Swa he ibei cii � Save o'"'t/m cH,�p !►MiRFtG ENCY: 775-2833 FIRE PREVENTION INSPECTION REPORT PROPERTY OCCUPIED BY: og Sr � � �u«�S �- -PHONE: LOCATION : BUSINESS OWNER n PHONE: - BUILDING OWNER TYPE 'OF BUILDING CONSTRUCTION HEATING SYSTEM SPRINKLER SYSTEM �' FF NO TYPE: > F.D. CON NECTION LOCA',i`ION 3 ' 3T�UT�OFF: iASjJ SERVICE CO ,O FHONE� : FIRE ALARM SYSTEM NO PANEL LOCATION k SERVICE CO s xp PHONE AUTO/SUPPRESSION SYSTEM >�S N LAST ZNSP. s SERVICE CO - -: PHONE FLAMABLE STORAGE fh ,: ,;NO KEY :SOX ; "� YS _ LOCATION: � �n .;POWER "SPECIAL ;HAZARDS VIOLATIONS s u0 CORRECTION STATE RGx � L � 5- u o iA JJZ C%M G. a Q c.v . p M�55 P PrN 14(,So T Lora Ko G�, a ay Ivy F m rev :I AL � -\k o4g iw .vN 00 P i ' Q FIRE DEPT. INSPECTOR `''t - L DATE: 316 raLL%—m M OCCUPANT PHONE: EMERGENCY PHONE NUMBERS 1 . PHONE: PHONE: 3 PHONE: WHITE:FIRE 09AT., CANARYI FIN-INS'ECTi PINK:PROPERTY WE The Town of Barnstable inxxseABM • ' 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 March 12, 1996 Mr. Stuart Bornstein One Financial Place 297 North Street Hyannis,MA 02601 Re: 259 North Street,Hyannis Map/parcel 308.073.002 Dear Mr. Bornstein: After a review of our zoning and,especially,the history of your building at the above address,I have the following information for you: 1. The building was built under the interpretation of a prior building inspector that the third level, because it is under 50%of the floor below,did not count as a floor. 2. The building permit was not challenged within six years even though you did visit the Zoning Board of Appeals for a variance request on the use,which is very different. 3. Based on the above facts,I would consider the structure protected under 40a and for lack of any direction to the contrary,a preexisting non-conforming structure. Section 4-4.7 removes variance situations from 4-4 consideration,but not structures in this category. �4:� Section 4-4.4(1)B says that if the use is conforming and the structure isn't,and expansion is proposed, it is to be allowed as a matter of right as long as it does not increase the degree of non-conformity of the building. 5. Since the use of the third floor does not increase the non-conformity of the structure and the use is conforming(office use is being proposed),it can be allowed. 6. Consequently,I am enclosing an updated certificate of occupancy for the building. Sincerely, Ralph M.Crossen Building Commissioner RMC/km enclosure Q960312A TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 308 073 002 GEOBASE ID 22042 ADDRESS 259 NORTH STREET PHONE Hyannis ZIP - LOT 6 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 13717 DESCRIPTION BASEMENT, 1ST, 2ND, 3RD FLOOR/B USE GROUP PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: THE BOND $.00 . CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY MASS. OWNER BORNSTEIN, STUART TR Ep 39. A, ADDRESS TWO FIFTY-NINE NORTH ST TR 297 NORTH ST BUILD HYANNIS MA BY DATE ISSUED 03/12/1996 EXPIRATION DATE /01 .Ass s*s Ymap and: lot number ... -Z' ..`�'�AP.14* THE r / 1....................... F, Sewa9 a Permit number ��7..'....... . ...':.. d`Q v BARNSTABLE, i House number Mae& ......................... .. ....................`.................. 9 0 Apo,1639. \0� YPy a TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION .FOR .PERMIT TO ,.,Cons.truct new buildin�s....(<PAD TYPE OF CONSTRUCTION ..........Steel,,,frame - office building October 27 , 1987 ............................................19........ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......................North... M&............................................................................................... ProposedUse .............Off, ce..)puilding.................................................................:..................................................... Zoning District Hyannis Fire District ........ . .. ...... -1 ............. 259 North Street RealtyTr Nameof Owrier ............................................................ .......A1c ( ess :................ ............ ................. ...... ...............r......... Name of Builder .....Th a— . ................ ...T..11.f —.......Address ... . ........ ....... r. .. .... .......�1 ...Designers & Builders Inc. Same a.. above Name of Architect ..................................................................Address .................................................................................... Number of Rooms ...........See Plans...............................Foundation ......Reinf.orc.ing...Concrete ........... ........................ Exterior Brick ,,,,,,,,,,,,,•....,.,,Roofing .Wood deck and aschalt,.,shingle,s .............................................................. ..... ...... ........... Floors Two ......................Interior .Zl. .1...5tud.5...........:......................................... Heating ...........................YeY.5...............................................Plumbing Y.P-5.......................................................................... Fireplace ...........................NO.......................:.........................Approximate Cost .... :0.....z...�............... B - �00 S.F. Definitive Plan Approved by Planning Board ________________________________19________ Area ...C....... ... ..�. . . ...S..k'.... I Diagram of Lot and Building with Dimensions Fee 7'U. SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the gbove construction. Noe a ms ................. R g�Wi.l ...... v/S�7- Construction Supervisor's License ...... ............... N � ' ^ 259 NORTH STREET REALTY TRUST . � _ .32I72_ Permit for .BuiId_0ffioe_ BId{�. .�� v�» �_,{� ial-----..W ....... Location 259 North Street -------------. -----. . _ _ .------l�3�4� ' -------------. . . . . ' Owner ...2S�..]��rtb..������t..Bealt�� Tr�1ot ' Type of Construction ..FX.i�MP........................... . ' --------------------------. ' . ' Plot ............................ Lot ................................ - ' �o ot I5 8O Pe,mit G,ono*6 --������----.��--]A ` ' } Date of Inspection ....................................lA � ' Date Completed -----------.��.]A ° - ` \ ' . , . . ' , . ~ , | ` . i ' . . ' ' � . � i � COMMONWEALTH (` DEPARTMENT OF PUBLIC SAFETY. it I OF !j 1.010 COMMONWEALTH AVE. j p MASSACHUSETTS } BOSTON,MASS.02215 ENCLOSE CHECK OR MONEY ORDER 174r,I-7 LICENSE. EXPIRATION DATE °i " } CONSTR.: SUPERVISOR FOR REQUIRED FEE, 06/30/1993 i� MADE PAYABLE TO RESTRICTIONS k: EFFECTIVE DATE. LIC-NO. 0 1 NONE >Tt){ 06/30/1991 018226 z "COMMISSIONER OF PUBLIC SAFETY" O STUART A-::BORNSTEIN 06'r4OT,SE* NDCASH). 297 FORTH STREET HYANNIS `NA 02601 P1 =ASE NOTE FEE INCREASE I PHOTO(BLASTING OPR ONLY) FEE: ��'f]I 100.00 I� E ECTIVE FEB., 1� 1989 HEIGHT: NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY b d I STAMPED-OR-SIGNATURE OF THE COMMISSIONER i (OT DETACH LICENSE STUB THIS DOCUMENT MUST BE t CARRIED ON THE PERSON OF SIGN 7uRE OF LICENSEE SIGN NAME IN FULL-ABOVE SIGNATURE LINE TH E HOLDER WHEN ENGAG I i OTHERS-RIGHT THUMB PRW T ED IN THIS OCCUPAnON I C COMMISSIONER 20OM-2-87-81429 Y i�Jzly� r �� �9 i;� , �'sz"� — TOWN OF BARNSTABLE BUILDING PERMIT PARCEL ID 308 073 002 GEOBASE ID 22042 ADDRESS . 259 NORTH STREET PHONE HYANNIS ZIP - LOT 6 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 48430 DESCRIPTION MODIFY XSTG FOUNDATION/CONSTRUCT 1 STORY B= PERMIT TYPE BUILDC TITLE COMMERCIAL BUILDING CONTRACTORS: ROBERTS, MICHAEL Department of Health, Safety . ARCHITECTS: and Environmental Services TOTAZ FEES: $5,368.00 �I BOND $ 00 , CONSTRUCTION COSTS $880,000.00 324 PROF, BANKS, OFFICE BLDG 1 PRIVATE P E • MASS. NA1� BUILD BY DATE ISSUED 09/05/2000 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS 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 PLANS MUST 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 OCCU- (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. POSTTHIS,CARD,SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL SEE LETTER DATED 10/13/00 REGARDING "CONDITIONS" 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. Property Location: 592 MAIN STREET(HYANNIS) MAP ID: 308/073/001// Vision ID:24919 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 09/08/2000 ,,..... ., ..:;. .., ..�,... ..�•. +-, :,.,.. ..r: .. ..._, � � � �"� �: xc`t; �., .tea, r=. .� ., �JY �€:: _� ::r•;.. ement eseription Commercial vara Elements e ype ore Element Cd. Ch. Description Model 96 nd/Comm Heat Grade 0C verage Grade Frame Type 2 WOODFRAME 2 Baths/Plumbing 2 AVERAGE tories 1 1 Story Occupancy 00 CeilingfWall 8 TYPICAL ooms/Prtns 2 AVERAGE 1 Exterior Wall 1 19 rick Veneer /o Common Wall 2 Wall Height 12 Roof Structure 1 lat 86 19 Roof Cover 4 ar&Gravel 40 � interior Wall 1 5 rywall �' �� � ` 2 ' ement Code Description hdctor Interior Floor 1 14 arpet omp ex 2 2 5 inyl/Asphalt loor Adj nit Location 48 eating Fuel 3 as eating Type 4 of Air qumber of Units C Type 1 one Number of Levels 11 /o Ownership Bedrooms 00 ero Bedrooms Bathrooms 0 ero Bathrms 0 Full :. na j. ase Rate Total Rooms 1 1 Room Size Adj.Factor 1.01436 60 -6 rade(Q)Index 1.13 ath Type Adj.Base Rate 51.58 Kitchen Style Bldg.Value New 376,586 Year Built 1940 ff.Year Built 1975 r 61 nI Physcl Dep 2 uncnl Obslnc con Obslnc 11 • peel.Cond.Code peel Cond% Code escri tion ercenta a Overall%Cond. 67 eprec.Bldg Value 52,300 7 °t { .VT ft, :.:� .... '�;. � � •.. � :.a.., Code Description LIB Units Unit Price Yr. Dp Rt YoUnd Apr. Value r =: r - m : ..� _ ...a�. .,.ems� �� .?��.>, •.�.., a� .o'�� :, '- �. � a..:�>-. ,� ode Description r Living Area ross rea Ljj.Area Unit ost undeprec. value HAS t irs oor , , , t. ross iv ease Area , g a: , Property Location: 592 MAIN STREET(HYANNIS) MAP ID: 308/073/001// Vision ID: 24919 Other ID: Bldg#: 1 Card 1 of 1 Print Date:09/08/2000 , "Ilk .. ` . z Description code Appraised Value Assessed Value %J DERHAGOPIAN 5 SNOW CREEK DR OMMERC. 3250 252,300 252,300 801 ANNIS,MA 02601 E DATA-Barnstable, ccounU3 Man Rer. ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 5 Notes: 3489653 DL 2 GIS ID: iotall J4J,700 , ^' e "• it:4 'n:"Y"i , 4At , r. Code AssessedValue r. code AssessedValue r. ✓o e ssesse a ue 2000 3250 252,3001999 3250 252,3001998 3250 252,300 oa: oa: oa: J4J,7UU - is signature ac now a ges a visit y a ata Collector or Assessor Year lypelDescription Amount L,o e Description Number Amount comm.Int. Appraised Bldg.Value(Card) 252,300 Appraised XF(B)Value(Bldg) 0 o a: Appraised OB(L)Value(Bldg) 0 F R"- ` �: Appraised a (Bldg) 9 ,400 A ise Lan Value B d 1 Special Land Value Total Appraised Card Value 343,700 Total Appraised Parcel Value 343,700 Valuation Method: Cost/Market Valuation et TotalAppraised Parcel Value 343,70 , . Permit ID Issue Date lype Description Amount Insp.Date oComp. Date Comp. Comments Date ID Cd. Purposelmesult Remodel eas rs e 6/15/86 RW � • 8 . ,. . Use Code Description zone rontage ept nits rat rice actor actor �. otes- pecea receng �. net rice an a ue o es: , Totalar an Unitsarce o a and Area: —oia-7 LandValue , Property Location: 259 NORTH STREET MAP ID: 308/073/002// Vision ID:24920 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 09/08/2000 .; .. ' - t i Ca. un. DescriptionElements ommercia a a emen s Slyy e ype IN Ullice g ement Description Model 94 Commercial Heat&AC )i I YJrIUAL UHS US Grade + Average Grade Frame Type 3 ASONRY Baths/Plumbing 2 VERAGE BAS tones Z.5 2 1/2 Stories SFB ccupancy 0Ceiling/Wall 8 YPICAL ooms/Prtns 2 VERAGE xterior Wall 1 10 rick/Masonry /o Common Wall 2 Wall Height 12 oof Structure 3 able/Hip oof Cover 3 sph/F GIs/Cmp nterior Wall 1 3 lastered 2 Element Code Vescription 1,actor nterior Floor 1 14 arpet Complex 2 Floor Adj 0 6 Unit Location eating Fuel D3 as eating Type 04 of Air Number of Units C Type D3 entral Number of Levels /o Ownership Bedrooms 0 ero Bedrooms Bathrooms 0 ero Bathrms 0 Full ���_ � ,.. y,�•�.������� .,,..���,.,, , na 1.Base Rate 53.00 Total Rooms ize Adj.Factor 0.77838 Grade(Q)Index 1.29 Bath Type Adj.Base Rate 53.22 Kitchen Style Bldg.Value New 814,851 1 14 14 Year Built 1988 12- 13 ff.Year Built 1988 27 ° rml Physcl Dep 9s uncnl Obslnc con Obslnc x peel.Cond.Code peel Cond% Code _escn tion Percentage verall%Cond. 85 eprec.Bldg Value 92,600 UL Code Description Llff units Unit Price Yr. Dyi Rt %Cnd Apr. Value eva or41,UUU PAVlPAVING-ASPHALT L 20,000 0.90 1996 0 50 9,000 o e Description LivingArea CirossArea Aff.Area Unit Cost Undeprec. Value BAS First Floor , 267,164 FUS Upper Story 5,020 5,020 5,020 53.22 267,164 SFB Base,Semi-Finished 4,016 5,020 4,016 42.58 213,732 UHS Half Story,Unfinished 0 5,020 1,255 13.31 66,791 t. Gross LivlLease Area Sol Is,i I I Wrdg—Va—V , Property Location: 259 NORTH STREET AMP ID: 308/073/002/ Vision 1D. 24920 Other ID: Bldg#: 1 Card 1 of 1 Print Date:09/08/2000 SW wa SNE T nu, i im L�)Y fNqJ]K I H S I VVI I ju jr I NNH Description Code Appraised alue Assessed Va ue CUM-EAND 340W— 125IU0 12500 297 NORTH ST COMMERC. 3400 733,,600 733,,600 801 HYANNIS,MA 02601 7,1""N"Ifft COMMERC. 3400 9,000 9,000 E DATA-Barnstable,A I Tax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I LOT 6 Notes: 874,517 VISION #DL 2 GIS ID: lorall 7567,700 867,7UUi 31,110, v-, M 40MR9MI,4 f �WKZ j!U ZSY NOKI H b I LIVIL 11)Ir I fNbH B Yr. Code Assessed Value Yr. 1-oae qvveqvea 11ruire Yr. o e Assessed Value., BORNSTEIN,STUART TRS C124887 11/15/1991 U 1 420,500 L 2000 3400 125,IUUPJ99 3401) 12591OU199 340U - I SRAWMUT BANK,NA C122995 04/15/1991 U 1 500,000 L 20003400 733,600 1999 3400 733,6001998 3400 733,600 WILLIAMS,ROGER P TRS C110891 05/15/1987 Q V 475,000 20003400 9,0001999 3400 9,0001998 3400 9,000 VOGEL,MICHAEL H TRS ETALS C104963 01/15/1986 Q 1 223,000 LEVINE,ROBERT W TR C88042 02/15/1982 Q 0 oa: -ToVaT- -70 867, Total: XI 7`11=171 IN"I'll,WIMP-0 fl,� jo�,U7HE"',,,S jll TWO This signature acknowledges a visit by a Data CoPector or Ammar Year jypelvescription Code Descril tion Number Amount Comm.Int. Appraised Bldg.Value(Card) 692,600 Appraised XF(B)Value(Bldg) 41,000 orav Appraised OB(L)Value(Bldg) 9,000 Ij Apprai ft sed Land Value(Bldg) 125,100 M Special Land Value Z, �n, M,L —flMEDU-STILL 40% UNUSABLE AS OF 1/1/94 Total Appraised Card Value 867,700 Total Appraised Parcel Value 867,700 -BSMT,1ST FL, Valuation Method: Cost/Market Valuation 2ND FL 100%COMP 1/95.*OBS COND Net Total Appraised Parcel Value 867,7W 41111,011 4' 't 01 AHU-1 % Permit ssue Date lype Description Amount Insp.Date "lo C o mp. Date Comp. Comments Date ID Cd. PuiposelKesu I RE--Re—modet/Renov --M70U----Tgff— IN I ERIOR (in U1 Meas/Est J5421 12/16/98 B37143 10/1/94 AC 60,000 0 HY ALTER. B32172 8/1/88 NC 500,000 3/15/91 50 RY OFFICE B31389 11/1/87 NC 900,000 0 HY OFFICE B30300 12/1/86 D 0 1/15/87 100 HY BLDGS. W 'v V-4TU4,77if T H# Use Code Description one D Eronlage Depth Units Unit Price 1.Pactor 3J. C;.Pactor Nbha. Adj. Notes-Adjl3pecrat Pricing Adj. Unit Price an Value T---3409—OFFICE-IfElT --ff—-If-—TOT--—1-- 0.85 AC 109,000.0 1.0t; E ---T.UU HY09 IJ5 SrUL(.55,UJO)NOtes:30 3 ----r4T1T5M 125,10U I ota7 Card an Until 0.85JACI Parcel Total an Area: 0.85 A-CF— I 61al an Valul 125gluo COMMERCIAL PROPERTY 1AP NO. LOT NO. FIRE DISTRICT _ SUMMARY STREET S 902. Main St. _ Hyannis LAND io ,'11-0.. BLDGS. i c H 308 73 OWNER TOTAL iG SO [77 LAND RECORD OF TRANSFER DATE SK PG I.R.S. REMARKS:Lot 4, L_C O 4-B BLDGS. U J TOTAL 4 51_., -86.,.:. ..2 `:, c, LAND undiv. int( err a B.3evine 2,A26- 3 Ctf.12 03 BLDGS. - tf 28 46 68 n w BLDcs. Vine,Robert W.Jr. & Brown, Gus H. 11-17-76 Ctf. 9011 fLeas TOTALLAND 0) BLDGS. TOTAL 0 o n,/ /�)� O ' J D w �e _ LAND BLDGS. rt.L O V.►C, n Arov�r•�`YLIrxf-) TOTAL LAND 's parcel split by apportionment,for 1983 FY: v BLDGS. CC4Ai8094-C, pet. ,. Lot 5, ( .21a) , w/stores:.#308 73-1 , c/o Duch ssi ,S irle �ti r i-1 ee ce<-o-r-tv\vt TOTAL Lot 6.j: a , w garages, 308 7 -2, Le ne,e .LAND all , rs. BLDGS. TOTAL LAND IJTERIOR INSPECTED: BLDGS. TOTAL ATE: LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL USE LOT Q /'r'� rJ G�J t7 O Z LAND ARED FRONT BLDGS. REAR �' � _-�+�.. +rs a.1'.. TOTAL ODS.B SPROUT FRONT j c -. �",...:dy' : ;:x:'..' LAND REAR BLDGS. STE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL :RONT DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER rn BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. O BLDGS. TE WALLS LATH & PLASTER BATH RM. FL. & WAINS. :';' S. F. • .8LK. WALLS COMPO. BOARD '" TOILET RM. FL. & WAINS. S. F. HALLS / ACOUSTICAL BATH ROOM FLR. S. F. WALLS TOILET ROOM FLR. S. F. INTERIOR FINISH S. F. , SEMENT AREA' LATH & PLASTER MISCELLANEOUS S. F. LULL DRYWALL FIREPROOF CONSTR. S. F. 'ERIOR WALLS. WALLBOARD MILL CONSTRUCTION S. F. 'AM. BRICK UNFIN. INT. FIRE RESISTING > %/ 2. ON C. B. STEEL FRAME t..ON COM. BR. PARTITIONS STEEL BEAMS & COLS. t. ON C. B. LATH AND PLASTER TIMBER BEAMS & COLS. `� t. VEN. DRYWALL STEEL TRUSSES OR CINDER BLK BRICK ONCRETE C_BLK. SPRINKLER SYST. i INE FACING PASSENGER ELEV. )R T. C. TRIM HEATING FREIGHT ELEV. ION STEAM INCINERATOR OR SHINGLES HOT WATER FIREPLACES VALLS HOT AIR CHIMNEYS LASS FRONT GAS OIL BURNER STEEL FRAME SASH ROOFING COAL STOKER WOOD FRAME SASH .,- [ REPLACEMENT VALUE ITION'b-R T. & G. NO HEATING RENTAL CAPITALIZATION LOCATION AIR COND.—REFRIG: LAND <�S;/ S"v 4 7� Q�0161,, POOR \` IECK Lf� AIR COYD.—WATER VACANCY LISTER DATE )ECK HEATING -- WIRING WATER �` . . %.. J•`' � ._l FLOORS FLEXLUME OR EQUALLY—_, ELECTRICITY -- ` �.. OCCUPANCY DETAIL & INCOME B 1ST 2ND 3RD PIPE CONDUIT JANITOR ; p. .�s. TE MANAGEMENT PLUMBING • / BATH ROOMS TOTAL FLAT EXPENSES IOD.';-: J TOILET ROOMS � _� r.:•. ,, .3 - - =��"' .� /. FLi' WATER CLOSET EXTRA GROSS ANNUAL INCOME -., ?..-- .� •,j,! i' 1+ "ILE LAVATORY EXTRA LESS FLAT EXPENSES p; a,'•„ '0 SINK EXTRA BALANCE FOR CAP. DIST URINALS CAP. RATE OIST NO PLUMBING REFLECTED CAP. VALUE ------ — --- ONC. / _ o•. iCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. CONO. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. 41. 9�� • o - TOTAL Town of Barnstable Zoning Board of Appeals ilA: Withdrawn Without Prejudice 9€ " 14 1? ­v Appeal Number 1994-109 Variance; Bulk Regulations; Maximum Building Height 9 Summary Withdrawn without Prejudice Petitioner: 259 North Street Real Estate Trust Addres � s• 'r,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 tle 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 structure "P t, a has three usab le 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,fora 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. a Zt* Nightingal Chairman Date i ppanen, 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 own Clerk. Signed and sealed this 7 dayof; u ' 19�5 under the pains and penalties of perjury. Lin eppane wn Clerk STATE I PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP - DISTS.I DATE PRINTED i CLASS PCS I NEIHD KEY NO. 0259 NORTH STREET 07 B 400 07HY 01/04/96 3401 00 HY09 R309 073.002 220424- LAND/OTHE1 FEATURES DESCRIPTION ADJUSTMENT FACTORS TY UNIT ADJ'D. UNIT BORNSTE INr STUART TRS MAP— Land By/bate Size Dimension LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE .ACRES/UNITS VALUE Description CD. FF-De th/Acres E tfBLD6ts1-LARD-1 3 442,900 CARDS IN ACCOUNT — 30 3SITE 1 104X .85 =100 109 134999.9f 147149.9 .85 125100 : #LAND 77 = -3 125.100 01 OF 01 f1PL NORTH' ST HYANNIS COST 6y5luu A OFFICE BLDG U X C= 100 * 1 .00 1. 00 27092.001027100 8 #DL LOT' 6 MARKET N #RR 1100 0108 INCOME 568000 D USE A APPRAISED VALUE p C 568POOO D PARCEL SUMMARY A U LAND 125100 T S LDGS 570000 A T -IMPS M TOTAL 695100 CNST F E PRIOR YEAR VALUE DEED REFERENC Tye DATE Recorded E N Inst. Sales Price A 1 Book Page Mo. Y..D AND '125100 S C124887� 1 . Lj11/91 L 420500 LDGS 442900 T C122.995. : IW91- L; 500000 TOTAL 568000 U C11 089t�, : - V105/8T- - - 475000 R ' E BUILDING PERMIT 8 L D 6 STILL 4 0 X Number Date Type Amount UNUSABLE AS OF S LAND LAND-ADJ INCOME S£ SP-BLDS FEATURES OLD-ADDS UNITS 1/1/94 125100 1027100 37143- 10194' AC: 60000 *BSMTP 1ST FL. ND FL 100% COMP Const. Total Vear Built Norm. Obsv. A c f� Class Units Units Base Rate Adj.Rate A l Age Depr. Cond. CND. Loc. ^/o R.G. Repl.Cost New Adj.Rep1.Value Stories. Height Rooms R .Baths l.fix. Parrywall ac. 1/9 5. - * 0 B S C 0 N C 40C 001 125 126 88 88 6 96 73 80 55.4 1027100n 570000 205, _= FOR UNF 3RD FL. Description Rate Square Feet Repl.Cost MKT. INDEX: 1 O DO IMP.BY/DATE: / SCALE: 1/00.44 . ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 .00 5020 - I NG CN GP: ; - T B25 102 .00 5020 81----*------------«-- ------------* STYLE:- - 31 FFICE.. BLOT 0. . 825 E3TGN-AUJMr -02 t'�I611f ICD7U3T--'1�: R � U -2flWfAIR g.-AIR CO-- U. C ! ! IHTRIl:F1atISi� .-05 1�C8TR - -----Q: T t ! IAiTER.LRYOUT . :.Ti OOD' ._ __ Q. U ! ! NTER.9UALT Y ` OZ AME AS. EXTER. tf.0 R b0 60 F LOOR- STRIIC-Y ° 06 ONCyST" .1T W. ym0 A W ! SASE ! EFL00R_.-LOVER . 04 ARPET-----------G L D 5020 ! ! -0__Of__ _YP_E -_ .,- 0� PH _S_h6._ E Total Areas Aux = Bas,t = BUILDING DIMENSIONS 1 L1 CTRICAL 0.1 VERA6E __ ET.O T SAS W14 S02 W13 S02 W27 �NO2 W13 fOUNDA_TI_ON__ _ _0i ..oUREa_CONC_--__V11.9 A NO2 SAS W14 . N60 E81 S60 ; 17 .. 825 ! " N60 W81 S60: Ei4 S02 E13 , S02 E27 ---COER�IAL NOi�D 3N Ng71111tI Hv09 L 825 NO2 E13 . NO2 E14 .. ii ! ! LAND TOTAL MARKET PARCEL= 125100 :695100 *--13-*-----27----*-13-* AREA: ...... _ . VARIANCE +0 +0 STANDARD. 50 1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS BARNSTABLE DISTRICT CT. C.A. NO. 0325 CV 0275 259 NORTH STREET LIMITED PARTNERSHIP, _ Plaintiff V. EAST COAST PLUMBING AND HEATING, INC., Defendant DEPOSITION SUBPOENA DUCES TECUM To: The Keeper of Records, Town of Hyannis Plumbing Inspector, 367 Main Street. Hyannis, MA 02601 YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts, in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure, to appear and testify on behalf of the Defendant, East Coast Plumbing and Heating, Inc., before a Notary Public of the Commonwealth, at the office of William F. Burke, Esq., Attorney for the Defendant- 35 India Street, Fifth Floor, Boston, Massachusetts 02110 (617-292-2300) on th Jth day of June, 2003, at 10:00 A.M., and to testify as to your knowledge at the taking of the deposition in the above-entitled action. *And you are further required to bring with you the following: a. any and all records of inspections conducted by the Town of Hyannis Plumbing Inspector of the plumbing system on the premises at 259 North Street, Hyannis, Massachusetts between January 1, 2000 and the present; I b. any and all certificates of compliance issued by the Town of Hyannis Plumbing Inspector for the plumbing system on the premises at 259 North Street, Hyannis, Massachusetts between January 1, 2000 and the present; 1 C. any and all violations or citations issued by the Town of Hyannis Plumbing Inspector with respect to the plumbing system on the premises at 259 North Street, Hyannis, Massachusetts between January 1, 2000 and the present; - i 2. A d. any and all written approvals or certifications of the plumbing system on the premises at 259 North Street, Hyannis, Massachusetts issued by the Town of Hyannis Plumbing Inspector between January 1, 2000 and the present; e. any and all written communications between the Town of Hyannis Plumbing Inspector and the Plaintiff, 259 North Street Limited Partnership, concerning the plumbing system on the premises at 259 North Street, Hyannis, Massachusetts between January 1, 2000 and the present; and f. any and all written communications between the Town of Hyannis Plumbing Inspector and the Defendant, East Coast Plumbing and Heating, Inc., concerning the plumbing system on the premises at 259 North Street, Hyannis, Massachusetts between January 1, 2000 and the present. *** Special Instructions *** This deposition subpoena duces tecum may be satisfied without a personal appearance by the records keeper only if all of the requested records are forwarded by the above appearance date. /An il'z Notary Public My Commission Expires: 1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS BARNSTABLE DISTRICT CT. C.A. NO. 0325 CV 0275 259 NORTH STREET LIMITED PARTNERSHIP, Plaintiff V. EAST COAST PLUMBING AND HEATING, INC., Defendant t NOTICE OF TAKING DEPOSITION To: The Keeper of Records, Town of Hyannis Plumbing Inspector, 367 Main Street, Hyannis, MA 02601 Edwin E. Taipale, Esq., 297 North Street, Hyannis, MA 02601 Please take notice that, at 10:00 A.M. on Friday, June 6, 2003, at the office of BURKE, McMENIMEN & PAYTON, P.C., 35 India Street, Fifth Floor, Boston, MA 02110, the Defendant in this action, East Coast Plumbing and Heating, Inc., by its Attorney, will take the records deposition of THE KEEPER OF RECORDS, TOWN OF HYANNIS PLUMBING INSPECTOR, pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure. Respectfully, William F. Burke Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on May 16, 2003, 1 served the above notice on the parties in the above-entitled action by mailing same, postage prepaid, to all counsel of record. i William F. Burke TOWN OF BARNSTABLE - SARNSTARU. OFFICE OF TOWN ATTORNEY MASS. 039. 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.(508)862-4620 RUTH J.WEIL, 1st Assistant Town Attorney September 26, 2000 FAX#(508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney CLAIRE R.GRIFFEN, Legal Assistant THERESA M.CAHALANE, Legal Clerk 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 arENhvolved. 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. I trust this is responsive to your inquiry to me. If not, please be in touch for further discussion, elaboration and clarification. Si erely you , r obert D. Smith Town Attorney oF1HE ri Town of Barnstable Regulatory Services r • ' &MWffABM ' Thomas F.Geiler,Director Mass9. � 9 163 ATF . A Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 t 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 FORM F COYENAN 'r Theundersigned ........................................................................................................... ......................... ...................................................................................................................................................................... of County, Massachusetts, hereinafter called the "Covenanter," having sub- milled to the Barnstable Planning Board, a definitive pion of subdivision, entitled ...................................... .................................................................................................................................................................... doled ......... made by .................................................a.............................. does hereby covenant and oaree with said Planning Board and the successors in office of said Board, pursuant to G.L. (Ter. Ed.) C. 4I, Sec. B1U, as amended, that: 1. The covenantor is the owner of record of the premises shown on said plan; 2. This covenant shall run with the land and be binding upon the executors, adrninistralors, heirs, assigns of the covenanlor, and their successors in title to the premises shown on sai6* plan; 3. The construction of ways and the installation. of municipal services shall be provided to serve any lot in accordance with the applicable Rules and Regulations of said Hoard before such lot may be built upon or conveyed, other Ilion by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged prerises or part thereof may sell any such lot, subject only to that portion of this Covenant which provided that no lot so sold shall be built upon until such ways and ser- vices have been provided to serve such lot; A. Nolhing herein shall be deemed 10 prohibit a conveyance subject to this covenant by a sinale deed of the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning board without first providing such ways and services. 5. This covenant shall lake effect upon the approval of said plan; 6. Reference 10 this covenant shall be entered upon sold plan and this covenant shall be recorded when said plan is recorded. theundersigned ...............................................a.......................................................................................... ...................................................................................................................................................... wife, husband, of the covenonlor hereby agree that such Interest as 1, we, may have in said premises shall be subject to the provisions of this covenant and in0ar as is necessary release all rights of tenancy by the courtesy, dower, homestead and other interest therein.. EY.ECUIED as a sealed instruneni this ............................... day of ................................. , 19........ . .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. COMMONWEALTH OF MASSACHUSEI TS ...........:...... .................... ss. .............................................. 19........ thenpersonally appeared .......................................................................................................................... and acknowledged the foregoing instrument to be ........................ free act and deed, before me ............................................................................ ....... Notary Public A TRUE COPY ATTEST Town of Barnstable zoningBoard of Appeals pp Town Clerk Decision and Notice BARNSTABLE 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 02601 f Property Location: 259 North Street, Hyannis, MAr''�?' Property owner: Stuart Bornstein, Trustee Address: 297 North Street, Hyannis, MA-...U 60:11v` } 5 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_ttory 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: Sectron�"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 meetinc 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 - Appeal No. 1994-56 special Permit - Reduction of Parking: Bornstein Mr. Bornstein explained that he has' a financial company who wants to rent and %:a_ld deLinitaly 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,sai_d that the town lot had-been slowly given away by the town and there was no mere room to give. Be 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 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 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 neeclecl a total 4of 79�parking spaces not 30. Mr. .Bornstein said he was -allowed 80 spaces. Be 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 cant go forward with the final concept drawings, after which he needs detailed architectural plans. He is willing to grant what ever the Board wishes - 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. 2 Decision and Notice - Appeal No. 1994-56 sgecial Permit - Reduction of Parking: 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. Jansson 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-af,_landsc aping -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 foundat- ons=.,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 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. 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 f Deci0ion and Notice - Appeal No. 1994-56 special Permit -• Reduction of Parkincr• 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. spacea 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. c9. 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 •Decis'ion 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. 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 4.0A, Section 17, within twenty (20) days after the date of the 'ili?.y C-€ this decision in the office of the Town Clerk. f � 017-14-94 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 ,� �i l 19 under the pains and penalties of perjury. Linda Leppanen, Town Clerk copies: Building Commissioner Site Plan Review Board of Health Hyannis Fire Department Zoning Board of Appeals file M 5 a i � ecL .Y F� N i osuM OF M W CAPE Coo Ala RM speech �. SPACE AVAILABLE JGW 775-9316 X . Fu� N s....;,., OE F kEVi OF UAL[47� 4. 'A{yr5peech SPACE AVAILABLE B 775-9316 a 6y 71�i,K-k7 I i - --- _ - �. E eo o c I V_ d 41 Eby m 'ate Foe :� sr• �. 7 4'&7 Q ICI l . a._ =� } a m t� 7 1,1 TOWN OF BARNSTA©LE ZONING 1 4,`,w (� BY-LAWS DATED FEBRUARY 1986 -' t._ONE: BUSINESS PAUL ti t�Yi_L Y SETBACKS . ' •� No. 32441 _ FRONT r 20 (1) SIDE = 1`liA L5 L5 V ;�'�'i ia.tv�� �tti• - REAR N/A D I MAY 1 419P7 PROPERTY LINES SHOWN HEREON WERE COMPILED FRO14 PLANS OF RECORD AND DO NOT REPRESENT PROJECT NO ' ``3 596 AN ACTUAL SURVF=Y ON THE GROUND. THE STRUCTURE DEPICTED ON THIS PLAN, WAS LOCATED PLOY PLAN ON THE GROUND 'BY .SURVEY ON APRIL 213, 1907 in ,. I } c , AND EXISTS AS S1101 H AS OF- THE DATE 'OF LOCATION. C3AI NSZ ADLE MASS . k THIS PLAN IS. FOR PLOT PLAN PURPOSES" ONLY AND SCALE: i" n 20' APRIL 27 19137 SHOULD NOT BE USED FOR ANY OT{-1EfJ PURPOSE. Ile_ v�s ,v - --�-1� IF BSC / CAPE COD SURVEY CONSULTANTS 1�5 3:2G1 MAIN STREET DATE PROFESSIONAL I_ANU SUR1f YOR BARNSTAF3LE VILLAGE, MA. 02630 (617) 362-8133 r /1« ®Aurora Sign Co.,Inc 1995 A CX ,SIGN CQ T m I li O INDIVIDUAL PLATE LETTERS FABRICATE ONE SET OF INDIVIDUAL %2"THICK ACRYLIC PLATE LETTER5 ALL 5URFACE3 TO BE COATED WITH 5ATIN WHITE ACRYLIC POLYURETHANE LETTERS WILL BE A STUD TYPE MOUNT .SCALE — 1"= 1' EXI5TING LETTERS = 15" REMOVE ALL LETTERS CAULK ALL HOLES TO MATCH .' IN57-ALL NEW EVEREN LETTER5 �I 1100 Route 34 Prepared For: Address: Dr wg: ��95159 Sheet: 1 esign Date: 12110195 Rev 3: Rev 6: Aurora,Illinois 60504 EVEKEN 3ECURIDE5 259 NO NH'STREET-2ND FLOOR 708 898 5900 office Location Name: City/State: Rev is Rev 4: Rev 7: � 708 898 6091 fax HYANNIS HYANNI5, MA Rev 2: Rev 5: Rev 8: O IS G is OF AURORASIGN CO. O TO-BE-REPRO 0 _ 'O B A S R TT CO S RO G CO. C O _O 2000. 0 or THrmseG 0 Aurora Sign Co.,lnc 1995 AUROR, I SIGN CQ it - II ........ ......... _. Il . ............. I x .. 5 I S f MDD TENANT PANEL5 FOR EX15TING 5107N - 2 REQUIRED y FABRICATE 2 - 3/"MOO LAMINATE PANELS FOR EXISTING TENANT 51GN �� r ALL COPY AND COLORS TO 5E APPLIED FIRST SURFACE j COLORS TO MATCH EXISTING IVORY AND BURGUNDY COLORS REMOVE EXISTING TENANT PANELS AND INSTALL NEW-2 REQUIRED SCALE- 1%z"= 1' i 1100 Route 34 F°r` Address: D""g` �95159 s''Qe`: 2 esl�"Da`e' 12/10195 Rev 3: Rev 6: Aurora,Illinois 60504 EVEREN 5ECURITIE5 259 NORTH STREET-2ND FLOOR Rev 1: Rev 4: Rev 7: 708 898 5900 office motion Name: City/State: 708 898 6091 fax HYANNIS HYANNIS, MA kev 2: Rev 5: Rev 8: O E: S G S O O S G C S O OREPRODUCED,COMO,OR EXHIS17S ON WITHOUT IWARITTEN CONSENTFROM SIG-WC-O. CHAROM OF UP TO$2000.00 WILL 19F Assr=ssff5-F5-" S- S O I GS. A; w" �. o� � •nab �� _ �� � . - �b1 I o� u� � p Ail LAfA 0 D CDJr CIO Q D Cm IL-L= I' Ad�k N l! 6" 5 -� BARNSTABLE-HYANNIS MUNICIPAL AIRPORT 00000 1" TOPCOAT MASS DPW hq� 00000 `0 6» TYPE 11 �+y ' BINDER 00000 2/ O°0° N EXIST. CONTOUR COMPACTED o°o°o • o �o 0 0 o O oc�, �J?J GRAVEL M1.03.1 00000 00 000000000000 EXIST. WATER LINE -•--w-----------w--- 000000. d 00000000000000 FA O { ROAD EXIST. ELEV. •••••••••••• 32.50 0 0 0 0 0 0 0 0 0 0 O 0 d O O O O O O O 12 PROCESSED GRAVEL 0 0 00000 0 0 i PROP. ELEV. •• 27.8 O00°O O o O O O MDPW M1.03.1 VIB. ROLLER COMPACTED y 2 CATCH BASIN ® 0000000(.1J' . . . 00,000000000000 .t u► ?eq .......... . METAL COVER ............ O 0°°°O ° 0°0°0°0°0°0°0° LOCUS 0°0°O .. 00000000000000 ZNRE� 000000° sT. . 00000 O O C� ` • • ' MAIN STREET " 0000Cf00 00000 0000 0000000�00000 000 CEMENT CONCRETE 2000 PSI MIN. EXISTING 0 0 o O )- 0 0 0 0 IF CURBING SET " EXISTING PAVEMENT. i 0a00C#tlbOQ.00p°° 0 CUT NEAT LINE 6" FROM CURB LINE AND REMOVE I O O 00002000 O O BINDER, BASE AND STONE. REPLACE ENTRANCE o 0 0 WITH CEMENT CONCRETE P L -- -- APPROX. E.O.P. (SEE NOTE7) __ _ __ __•-- -._-._ __ _ __ __ _ - -- -- -- _ - -- r..�' VERTICAL GRANITE CURBING 5" X 16" APPIt )X. E.O.D. (SEE NOTE 7) 1 EPAVE ENT CROSS S S TI O I`I LOCATION MAP (NO SCALE) + NOT TO SCALE 0 NOTES.. IST. ACCESSIBILITY NOTES; 1. CONTRACTORS TO VERIFY LOCATION OF ALL SITE UTILITIES C RB 1. PER 521 CMR 22.3 ALL WALKWAYS SHALL BE PRIOR TO INSTALLATION OF LEACHING PITS. SLOPED NO MbRE THAN 1:20 (5X) ' tr T 2. THIS PLAN NOT TO BE USED FOR LOT LINE STAKING. 2. PERS 2S CMIR SLOPES N01 ALL THAN ENntANCFs 3. DATUM IS NGVD ASSUMED FROM HYANNIS QUAD MAP. SHALL Bt. ACCESSIBLE. 600 X 60" PADS LEVEL OR OTHER CLEARANCE PER 521 CMR 26.6 4. ALL P�2ECAST LEACH PITS AND DRYWELLS TO BE OF 3. ALL WALKWAYS TO CONFORM TO 521 CMR DESIGN LOADING AASHTO H2O. 4. ALL RAMPS & RAILS TO CONFORM TO 521 5. ALL RUNOFF IS TO BE KEPT ON SITE. t t. ALL CURB CUTS TO CONFORM Td 521 CMR 21 6. ALL ROOF RUNOFF FROM PROPOSED BUILDING TO BE CONNECTED 1:12 MAX, 2X CROSS SLOPE MAX., SEE 21.3 TO DRYWELLS. * 7. PARKING LOT DESIGN TAKEN FROM PLAN ENTITLED "PLANTING AND PARKING PLAN, THE WILLIAMS BUILDING", DRAWN BY TRACZYK ASLA FOR THE TOWN OF BARNSTABLE PLANNING DEPARTMENT, NOT DATED. INFORMATION ALSO FROM TOWN G.I.S. DATA AND IS APPROXIMATE APPROX. E.O.P. (SEE NOTE #7) _ i,. R T COVERS RS UT B 29.9 (PARCEL 72) PUBLIC �o 0 1OWN OF BARNSTABLE 30.1 RESTROOMS 0 145.00 GRANITE CURBING 9.0 1�9.0' 18.0 18.0',18.0' o 3 (TVP.) TI NEW.STRIPING 9 X 19 AS INDICATED N _ °° ' 28.2 29.7 O / \ 29.1 28.7 C�,, 28.4 a 29 °� P H To RAIN z .5 BENNCHbd RA EPA riENT/ /W AS 0. to APPROXIMATE 1 X MIN. o BUILDING CATCHI BASIN RIM O 7 "2 .55 29.37 N SOLI IN 27.6 3 LOCATION AT ELEV 28,45 o to 1:i 2 5' CONK. SIDEWALK ' r' F&G tC G O EXISTING 5 ONK..,S/W 1:1 cD 5 CONK.. S/W 1:12 8 1:1 +ri N 28.5 ® CATCH BENCH 29.8 BASIN FlELO ADJUST - . rn TO MATCH 14' WIDE 28.9 + 28. 5' CONC.. S 29.0 1:12 EXISTINGN 2 .5 TOWN AREA SIDEWALK THIS r 0 ��N� � � /W 1:1 EXISTING 1:12 _ 5 CONK.. S/W CATCH rn � o LAWN LANDSCAPED AREA 0cov "� a 28.5 CATCH GRASS STRIP ZRI�NITE CURBING (TYP.) 28.9 28.5 5X MAX �� 28.9 -_t7(IS'. E.O.P�-_------------ --so-- 9.0 --- --- o te• w 4.1' ® 8.0 - -- TIN __ ---- --�- ---- - -- - ---------- 3 --- 28.5_- ?� _ ------ - --- - 33 -rr- I - - ------ -- N 1 oo 28.4 EXISTING 0 29.0 30.3 20'- 3 5.00 - 1CATCHc, _ MSI 24.0 -29 3 0 c: EXISTING Z �� t t' OFFICE INSTALL TRAP I 19.0' z8'7- - INSTALL S E� ) 'IN. w BUILDING 0 (SE DETAIL ±-. SEE W -�� 22.0' a j w G 49.0' 24.0' /,,.- .\ ; 28.4 SEE r 0 +... 11.;� O NOTE 9.0' 27. 7'� `� & j w O ® NOT. PROPO ED ® p 0 J o 27 8 cr w N-' �PRf'p. s x y�... W o � i BUILUI�IG\\` `D DRYWELL w- 'Jm _. 19.0 a) V J (--- \ o r - 0.0 j BOP. 6'x6,. 1 � '�w " 11. w I -- DRYWELL -w- SL. 30.4 22.0 ,. PROPOSED v= corn/ 2' OF STONE PR PO ED / BARKING N 29.6 ; IS .i` p / N \ 200.0 PA KING a EXIST. E. P._--- -- I i 19.0 - -----"" PROPOSED E.O.P. 29 d F-1 DUMPSTE 729.2 m POP. E.O.P. PROP. E.O.P. 29.9 AREA - 29.4 X 30.4 X 29.9 X 29.4 29.7 29. 28.7 cP _._....-..--- X 287.87 -A A Willing 62.48 (2) PROPOSED 6'x6' ` 189.95 CHAIN LINK FENCE LEACH PITS WITH 2 \ (2) PROPOSED 6'x6' OF STONE ALL AROUND LEACH PT;.' 'MTH 2' (PARCEL 57) TO BE CONNECTED TO OF STONE -ALL AROUND BARNSTABLE HOUSING AUTHORITY EXISTING CATCH BASIN TO BE CONNECTED TO (PA CEL 67) STING CATCH BASIN CHRISTOPHER & JANET MORRIS (PARCEL 60) 1/2" EXP JOINT APPROXIMATELY 24'-0 OC BARNSTABLE HOUSING AUTHORITY 1/2" EXP JOINT WHEN ADJACENT FILLER CUT BACK 1/:", W/ 1/2' DIA A2" LONG TO CONC STRUCTURE OR BLDG SMOOTH EXP DOWELS AT 2'-0" OC, ONE- HALF GREASED CONTINUOUS SEALANT PREMOLDED FILLER 40-6/6 WELDED WIRE FABRIC CONTROL JOINT off 508-362-4541 STOP WWF AT EXP JT fax 508 362-9880 SEALANT SMOOTH ALL I EDGES 6"" WIDEL FINE BROOM FINISH S` PITCH 1% VERTICAL GRANITE CURBING 5" X 16" down a e ape ngln e ering, Inc. � a � CIVIL ENGINEERS a----r ° A ° t" TOPCOAT MASS DPW LANDSCAPE/SITE IMPROVEMENT PLAN LAND SURVEYORS ---- 2" BINDER TYPEMiNous TO SUPPLEAaENT APPROVED SITE PLAN REVISED APRIL 26, 1994 1p PAVEMENT FOR PROPOSED OFFICE BUILDING ON 259 NORTH STREET IN THE TOWN OF: 939 ain St. yarmouth, ma / / / 12" PROCESSED GRAVEL HYAms BARNSTABLE, MA OFAGow E_ OF Mq�� COMPACTED AGGREGATE BASE PREPARED FOR: ARNIE H. �, �� ARNE �yG✓ UNDISTURBED OR COMPACTED OJALA H. = SUBSOIL ' CIVIL3 H 9 N �o� STUART BORNSTEIN CONCRETE SIDEWALK �9� `t• � �oECtSTER�S�Q��' » IFECU 81NNSET�IN D�15TINGI PAVEMENT. NOTES: 20 0 20 40 60 Feet F.S�1 �� NAt LAND SCALE: 1 1/2 - 1*-0" 1�0 NOTES: �� CUT NEAT LINE 6" FROM CURB LINE AND REMOVE " r 1. COMPACTED AGGREGATE BASE COURSE 2" GRADED CRUSHED STONE ON 4' GRAVEL BORROW. �� BINDER, BASE AND STONE. REPLACE SCALE: 1 =20 DATE: NOVEMBER 14, 2000 " WITH CEMENT CONCRETE SEE PAVEMENT SECTION REVISED. DECEMBER 18, 2000 (SIDEWALKS ) AR OJALA, P.E., P.L.S. DATE 2. CONCRETE FOR SIDEWALKS MDPW CEMENT CONCRETE (AIR ENTRAINED 4000 PSI 3/4 IN.,610) 94-- 1 N WITH 6.5 LBS/YD. ASTIA C979 COLOR 860 INTEGRALLY COLORED CONCRETE PIGMENT. (MATCH TOWN WORK) i 1 t jw vaj -Tpj6E rir Arm l AREDl 4F "-I T1, r _ r M At^C H L - U I � r 771 0 O o 0 0 0 0 0 0 _ i _ b Y 5 1 I I I , \� - - ---r- O I I I I 1 I I I p 04- s IG , 1 r I _ ' � _l__L 1 I � •-� � 'I.JPi-t` �'�-+C7 L• , ` �— ° �'f'E�-r Lt ��J'.TGN ��p.. ,' . , . j7E�tAl I I I I y p L4 we, 'r.'Q�-- -- - - — -- - - I I • ' j I ' I i • . I-/ I ! ' 1 I I ' I I I I I I i I I I I d �C. rtJZM .- �tv� -,�+a�e I�y.r � I , ! I , I I , I I ! ! I I I ! I I � - I�►-a.►,cT � ��d I I I I I I I I I I I r; i 2 �d IJt-� �� � �-��N�'. " ,_` ,�'utr_A .'Wr A,1/7 �- r 1 I I*-f- T eL Oe • 1 I I I I I I , i i ��r t I I ► I I + I + + W Al -- r —, I I I I I ! I I I j t W — + + 71 - ff�- !T�— A -^ z 0 O O — O O � i ,� � � MUI,C�-� -D,fzt,;,�, aF f�•�+.�-1-'� � i iJtG� Imo` t 5 _ g Rat � _ 2 ►�1.�-�-•I AKA.A Gt= �.1.�1"� �,1 MATCH q ul��-1 P,R�l� o� ►�:a ry , ' t�.,hN-f 8 -o•� SCALE I" = 20' PLANT LIST c�.r Vf1 � 1�-n TY I z _ F- [2A-71 r�1 I(� N4�M F- �' ►.�Mot� A1�r15. • 'nut.:-t N� t.=.- 91*- -It�-r — -2- 1 -S"' 0 - 1 I 3-3�i N %l,�c�'1"�{a 'iR I�CAlITNoy - i iti 'h '�-► l E �KU N -rN :i�►- i� r}oN �z=+-> 5-31� If �► j. aC .R ��J C��i.Ac'f" �� i�'� �jY! �� M�pt . , '= 1 t., �GCi� �-1"R1.�1" �� , 4 4C.) T-4 .� j'I V'1 61 z I,I► IOVA �TA J APB'g pJ-� `5 L KO VA i ' -i"a� tom- �wi ` bx f� I�n.�rc -- 4 -�' � 1 2 '' �� � "�I�--�'� �! G-�-r'1�R^- -�'�.I ! �h � �ll�E!Z{ N G �--f���p>'!f•� �, �, -�.. � .5 . . 7 r E rirlU`,7 �j V>RA t12L t PINE. PLANTING 1% PARKING PLAN THE WILLIAMS BUILDING y-z- i� 3o-36f` �, �Z}•ir� �C l c �+���� � 'GUAp[-f5 pr5kvo4. �%-�!P` �i D N'y � p� (�(�ry TOWN OF BARNSTABLE PLANNING DEPARTMENT TRACZYK ASLA II1591 � �t-�� .. d d ' i i t r 3 a 1 7 t 1 tl i i i a 7=rl a ! ( 1 I\C I I 1 � i"C C !-I � 5 � 0 C ( /�a�� � Archi-Tech Associates hereby expressly reserves the copyright of theee drawin 5 according to the "Architecural Works Co right Protection Act" of rr g g py ra t G E 1 1 L G C' �. U t c i I Q 1990.Any copy,alteration, reproduction or dicCri bution of theme plans v'ithout: the express written consent of Archi-Tech Associates is an infringement of center lace, unit 4, 1550 route 2t3 508 771-3900 p � �� ) ghat act Copyright 1994 Archi-Tech Associates. ccntcrvil!c. ma 02632 fax '175-1945 -w.._. . . ,—b ,, . _ ,. . . , _.._ ...,..,... •.. «•.,.._.,•...,.....rw.w..-.M,e,.�r,.,"w.....w..awa.wIIo.-.,u.aa+4 "- , .. ...,.:,.,wvm'm., na,xr:•iiiMfa+r+a-. r++w:r•r,c„Y'{y,".... .: ,.e,., ..r. a .r..,.'w.,w ^+Nle+,+RFw:w+w.+r. ,. _ _._.. ._. •^_""-'^•-..:...�_.»._...�...�- _..... ;,w.,,r,.areearo.w++s. .w. . :: - ,.«w ...: w. rlw• >,+d4�'ti' w;«,ia:.,w,,;aiM, "1; ...,,. y„•r.,: ;y,' aylwm ,. - ..;..-'�,"-.A�,��!14-'�4�-I-,�l-1,1 ;,.may. .�n..,r•.°>+NFa:� s ': .;+G..tia .,dK+a r4""/ � 'ry.as:..u,.,° ';":'..r+r+- d�`� aw'1+""•', ,r..i'•• +....e.' , ,N . . 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