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0014 WEST MAIN STREET
S; s ee.b way r r Town of Barnstable s Building Department - 200 Main Street &AXNST"M * Hyannis, MA 02601 9 MASS q, 1639 (508) 862-4038 RFD MP'i a Certificate of Occupancy Application Number: 201401503 CO Number: 20140091 Parcel ID: 290094 CO Issue Date: 07116114 Location: 14 WEST MAIN STREET Zoning Classification: OFFICEIMULTI-FAMILY RESIDENTIA , Proposed Use: RESTAURANT & CLUB Village: HYANNIS a: �f Gen Contractor: GILLIS, JACK Permit Type: CC00 CERTIFICATE OF OCCUPANCY COMM Comments: Building Department Signature Date igned -...y f• k5.i .yyyy--s"r 4 `.'NOW •' r TOWN OF BARNSTABLE �VAE Building 201401503Permit BA INSTABLE * Issue Date: 04/01/14 MASS. 1639. Applicant: GILLIS,JACK Permit Number: B 20140673 RFD MA'1 A Proposed Use: RESTAURANT&CLUB Expiration Date: 09/29/14 Location 14 WEST MAIN STREET Zoning District OM Permit Type: COMMERCIAL ADDITrON ALAI ERATION Map Parcel 290094 Permit Fee$ 546.00 Contractor GILLIS,JACK Village HYANNIS c App Fee$ 100.00 License Num 51497 Est Construction Cost$ 60,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND RENOVATE INSIDE OF BUILDING TO PLAN FOR SUBWAY COSMETIC .THIS CARD MUST BE KEPT POSTED UNTIL FINAL CLEANUP OUTSIDE,PAINT WALLS&TRIM INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: AUNT BETTY'S POND RLTY TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 430 INSPECTION HAS BEEN MADE. OSTERVILLE,MA 02655 Application Entered by: PF Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY,NO 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 FIVE CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 5.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION). 6.INSULATION. 7.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THEE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 41 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 6 6-If �?o 06-s- C cTY 7-�i 0 '741 'iV 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 d of Health r� r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map aqoParcel 0 Application #a6 S-03 Health Division Date Issued Lk I Conservation Division 11 Application Fee 00 Planning Dept. v o%4 • �~; _ Permit Fee "� ` co Date Definitive Plan Approved by Planning Board FAIR UREaA1 Historic - OKH _ Preservation/ Hyannis 9SHIGH S HOOL AD, Z HYANNL%I 0 WQ1 Project Street Address Village o Owner UYL 'v address Telephone Permit Request Re-wo v'ale- m's,In tky10 CD Yn crA V,tnAa � y sl t�ao�' ice+ AJ)S Square feet: 1 st floor: existing i.!�kyproposed 2nd floor: existing proposed Total new Zoning District o m Flood Plain Groundwater Overlay Project Valuation A64,ay.$ Construction Type -4 ca Lot Size 0 . 3 o Grandfathered: 2 Yes ❑ No If yes, attach sq, orting docum99+ation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) p =r_J co' '" Age of Existing Structure St Historic House: ❑Yes ❑ No On Old King's�H.iaghway: ©Yes No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other e y .�-• =y r Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) tl m Number of Baths: Full: existing Yz new Half: existing new Number of Bedrooms: a — existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type annd Fuel: aGas ❑ Oil ❑ Electric ❑ Other Central Air: &Yes ❑;;No Fireplaces: Existing Nv New Existing wood/coal stove: ❑Yes ❑ No Detached garage: LJ�e"§ting ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ e ' ing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial E YeS ❑ No If yes, site plan review# Current Use Proposed Use r-A APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name e 1 's Telephone Number e� 2st Lf Address J O c 0S�.�� License # (, 0 6_( 197 tam &\ Mc-- o*9-6If k' Home Improvement Contractor# ) 3 M 0 o e ��i(i t `nrd. (� C 0�.&evorker's Compensation # (d o Fc�!V 3 3 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 4' FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED- MAP PARCEL NO. ADDRESS VILLAGE ti S OWNER DATE OF INSPECTION: FRAME INSULATION. .� FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING. ** DATE CLOSED OUT : ASSOCIATION PLAN NO =" �.x the Commonweakh ofMassachusetfs Department of Industrial Accidents Office of Investigations +600 Washington.S`treet Boston,MA 02111 wnw.mrrss:goP1dhz Workers' Compensation Insurance Affidavit Baders/Contracture/ElectricianslPlumbers ulicant Infurmatitsn Please Print I.eeih Name(E . anllndividual):_ a1 Address:_ City/5tat&Zip: Ana ,l 5 Mz, Phone#: C d r ;2-Fr0 91fk Are you an employer?Check the appropriate box: 1.❑ I am a employer with 4. [!�Tam a general contractor and I Type of project(required): employees(full Io and/or * have hired the sub-ea�ntraetors 6. ❑New owstnxtion part-time}_ 2.❑ I am a sole proprietor orpartner- listed on the attached shneL 7. Qf]Remodeling ship and have no employees These sub-contractors have g- EJ Demolition working for me in any capacity. employees and have workers' [No workers'camp.iaammce comp.insurance_] 9 El Building addition required-] 5. ❑ We area corporation and its 10_❑Electrical repairss or additions 3.❑ I am a homeowner doing all wont officers hnm exercised their 11_Q Plumbing repairs or additions Myself [No workers'comp- right of exemption per MGL 12.E Roof repairs insurance required,]I c.152, §1(41 and we Have no employees.[No worlms' IIEJ Other comp-insurance required-] rAuy.sppbcaut that checks boa#1 mast.also fill out thesectiou below showing their workers'compensation policy information. T Homeowners who submit this affidavit indicating they are doing all wa&and then hire outside conttacmrs must submit a new ZComtc affidavit indicating such actors that shack this bra most attached as additional sheet showing the name of the sub-coubactm and stare whether oruot thane entities have employees. If the sob.couttuctoahM employees,thTmustprovide dmdr wodaers'comp..policy member. lam an employer m&isproviding workers'mmpeusnlion innzarance for mp.empdoyam Below is die poficy and job site info►ma imL Insurance Company Name: Policy#or Self-ins.Lic.#-. `AI- (°G ,� 3'Z Expiration Date: 7 Job Site Address: L,�f etl)`ozo 71-- City/StatrJZip: Attach a copy ofthe workers'compensation policy declaration.page(showing the policy nun and expiration date). Failure to secure coverage as required under Section'15A of MGL c. 152 can lead to the imposition of criminal penalties of a fore up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250-00 a.day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for inw n=coverage verification. I do Irsreb c eNi t t epri'ns andpenafties ar'p�eguty that fire it formalimr provided above is bue and correct Si e: Date: '_ / Phone#: "(f 2 eb 09W'l $anfyc Do not write in this area,to be completed by ally or tows.offleiat City or Town: PermitUcense# Issuing Antherity(circle.one): 1.Berard of Health 2.Building Department I Ci Vrbwn Clerrk 4.Electrical Inspector S.Plumbing Inspector L16.0ther � G P 14'-4" +1 D6• "� •-1N DIRECT i'�'NC4I �vl7Lv � t# 4 il; � '0" X 7'0" g ttE= +100 Dl DIRECT LM 47 iV r7N '!� WIRED I N N 1 it) 7'-t" 8'-5" 14'-17" I _ UNDER I� SM ABOVE 45 44 TABS 40 40 40 40 0 •� Cj + 42 51 +eo" +42• +42' 41 I- 36 ..—..—..—..J +4" +4' + 2• 42• 42" +4" :34 M--8 I ABOVE 8® F3T 77 ® 96 . 10 31 33 I ate? p" A" 38 Q _ RN Iva VEN 3----------- — — -- NEES MOO Lj 3T X 7*,0" I 30 NIGH SPEED DATA UNE 29 06'-8•A.F.F. iV 6B 1 TYP. &MODEM LINE REQUIRED .. .. Ly{ +20• 30•X48"CLEARSPACE 4 r----- ---- ---- ---- ---- IM REQUIRED WALL I 0O r----= 19---- 1 15 66 6A(F 6A 6A QQ L L JL----------- ----------- 66 6 J L . 6A J 6A WALL HIGH Pi N c®= pi O Ll 68 11 x�a•�°R p en p REQUIRED 6A GO4a J 6 6 GOJ 6 B GO4�J 6 6 I rR67 1 6 66 66 68 0 6A oOo 6 6 oO� 6 6 oO� 6 6A oO� 6A O O 57 G O ✓ J G 3 3 5 ;'i s - o 11' x 0 M viAL c*Acj-r t 2.5 UTILITY AREA e s L GEUD 4 Olt. W © �° °FREEZER ' I, .. � ��I I/�'J�C .O}' .� .•�; p � tO BRM70 70 QT.MIXEF2. ' I . l//C�/'\ :7 1 'p',•'., f� yyy ® BGBA=CONVECTION OYIK UA1N lxWUST PAN, 1 ' ' 1`/v�i� LL1S' y �. ® 17yO0°B.B:COUNTER W/BHBF 8F1dU; °1'1U0"r ® TOUCNL.EBB NANPUTA�N eiN AP 6NBg ,� �• � ° ©, 745O.i°MOP KINK. o � e e cpuNtEra k 0 .STORAGE RACk��..((�� _ COVBRW,TRABN BIN. Q �l'9 .r, •• �W� bra• O ® '96°�6'BAKERY CASE. UIO 1. A°17®x • ' •+: &}: f�', B 'O2'' © COLD SAh PMVA AREA. � Corm AREA. s'�• S ' ito•, " `' C ' I ® COLD smw REFRIGERATOR AUTOMATIC C OFFEE hWk>9s ARttA. TAAX RISFRI MATED T acm pREP'CaUN7M r -T P .W:4 �t :is��, ® .� ® ptAU67 PAN 'M ® PAPER TOWEL&-MOU f V ^y .► � i.l y .'• NT v4�' lid • / ..�_!!��''ttt 'T LUAc �.P B •CSC., ,, rm r l: ,1 , • , , ♦., • . . ' ' I ' SOALEI I/4'°I'.O" Z^ t • License or registration valid for individul use only before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation }t 10 Park Plaza-Suite 5170 Boston,MA 02116 u Massachusetts -Department of Public Safety Board of Building Regulations and Standards . Construction Supervisor. Y of valid bout signature License: CS-051497 } JOHN F GILL IS 10 LEDA-ROSE I:N MARSTONS Mas MAy 02,648 � +� {� � � - .. Ulle IQQ�IIf/I7G6'/ZCC/CCC�CIG O����l6JCCC'iCICJG�} t ,� •' �:\ Office of Consumer Affa4rs&Business Regulation ' Expiration (° -- OME IMPROVEMENT_GONTRACTOR ' � � Expiration egistiition: 13Tf4� Type: commissioner xpiration 1/2/201 Individual JOHN F.GILLIS �`� ry y� %'`t&. I JOHN GILLIS � 10 LEDA ROSE LN � . MARSTONSMILLS,MA U26485'� Undersecretary j E Town of Barnstable o � Regulatory Services MAM Thomas F.Geiler,Director 65 • Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town barnstAle maus Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby autho ' 4c0 to act on my behalf, in all matters relative to work authorized by this building permit (Address ofjotj J **Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. tote of Owner ignatum of Applicant Print Name. Print Name y Date Q:FORMS:OWNERPERMISSIONMLS 6/2012 YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. alp DATE: t Fill in please: APPLICANT'S YOUR NAME/SS: �r�a� !�"�x ovl � t/ USINESS YOUR HOME ADDRESS. F]5 i rr' �V t}^ $$ l h TELEPHONE # Home Telephone Number d 1 R S- a q o. i 5 NA ME OF.CORPORATION NAME OF.NEW.BUSINESS, S ► Ui " 33 TYPE,OF BUSINESS la.i Ckr vl IS THIS A HOME OCCUPATIONS YES NO ADDRESS,OF BUSINESS 2 i+7 S;f' S 1�l V`�:MAP/PARCEL NUMBER c1. (AssessmgJ -When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSI ERIS OFF. This individual has e i form d f ny er it requir ments that pertain to this type of business. ��� pz✓�"" ut riz d g re COMMENTS: } jt r 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type,of business. Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS (L CEN NG AUTHORITY) This individual has r dft * SM ff u . is t iinn to this istyp of bu ess. Authorized gnature* 1 COMMENTS: YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.- it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1" FL., 367 Main Street, Hyannis, MA 02601 (Town Hall) fr _ DATE: 051a 0<:J Fill in please: x + � ' APPLICANT'S YOUR NAME/S: S4 �g_W YOUR HOME ADDRESS: T.�11 Er a TEL PHONE # Home Telephone Number, _Z9 111_65;1199y W NAME`OF CORPORATION: NAME OF NEW.BUSINESS TYPE OF BUSINESS _ IS THIS A HOME OCCUPATIONS YES NO ADDRESS.OF BUSINESS / .► 0 q. E� MAP/PARCEL NUMBER ` (Assessing) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstdble. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFIC This individual has inf rmed f ny permit requirements that pertain to this type of business. Autho ized Signature** COMMENTS: 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 3, CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business.certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L. -it does not give you permission to operate.) .You must first obtain the necessary signatures on this forni'at 200,'vtain St., Hyannis. Take the completed form to the Town Clerk's Office., 1 st. F1.1, 367 Main St., Hyannis, MA 02601 (.Town Hall) and get the Business Certificate that is required by lava-. DATE: !a- �ao�'z Fill in please: � � w APPLICANT'S YOUR NAME/S: PIWL 1,I 14y91(07 yam BUSINESS YOUR HOME ADDRESS: t 7 P=o-<&FS�/ 6 0 gD TELEPHONE # Home Telephone Number /oil -G 9b- q 7 3/ (cam) NAME OF CORPORATION NAME OF NEW BUSINESS TYPE OF BUSINESS � �& IS THIS A HOME OCCUPATION? s ✓ "' l ADDRESS OF BUSINESS: .F/ •GtJ.-.Ni A-ixl. S% MAP/PARCEL NUMBER' . ��// �, (Assessing) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIO ER'S OFFICE This individual hes t��eof n per it re uire ents hat pertain to this type of business. i u orized signatd COMMENTS: C lC --- 2. BOARD OF HEALTH This individual has=o o the p nait re ments that pertain to this type of business. Authorized q9nature COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: r } SigntNE T° 4 TOWN OF BARNSTABLE Permit * BARNSTABLE, 9 MASS. �p 16g9. �� rF0 MA'S a Permit Number: Application Ref: 200902899 20070346 Issue Date: 07/17/09 Applicant: AUNT BETTY'S POND RLTY TR Proposed Use: RESTUARANT & CLUB Permit Type: SIGN PERMIT Permit Fee $ 75.00 Location 14 WEST MAIN STREET Map Parcel 290094 Town HYANNIS Zoning District OM Contractor PROPERTY OWNER Remarks REFACE EXISTING SIGN AGAI BERRY JUICE BAR 8X4=32 SQ FT ATTATCHED TO BUILDING Owner: AUNT BETTY'S POND RLTY TR Address: C/O SILVIA & SILVIA ASSOC P O BOX 430 OSTERVILLE, MA 02655 Issued By: pC r V\J POST THIS CARD SO THAT IS VISIBLE FROM THE STREET Anderson, Robin From: Buntich, JoAnne Sent: Thursday, July 16, 2009 4:24 PM To: Anderson, Robin Subject: RE: Emailing: ACAI_1of1.jpg I 'm good with this Robin. I "approve" Thanks Jo Anne Miller Buntich Interim Director Growth Management Department Town of Barnstable 367 Main Street Hyannis, MA 02601 p 508 862 4735 f 508 862 4782 joanne.buntich@town.barnstable.ma.us Town Website http://www.town.barnstable.ma.us Please consider the environment before printing' this email -----Original message----- From: Anderson, Robin Sent: Thursday, July 16, 2009 4 :24 PM To: Buntich, JoAnne Subject: RE: Emailing: ACAI_lofl.jpg Much improved. He was unable to get the other version but if you have no objections I'll proceed with this version. Please advise. And thanks for your help. Robin Robin C. Anderson Zoning Enforcement Officer Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4027 -----Original Message----- From: Buntich, JoAnne Sent: Thursday, July 16, 2009 4:22 .PM To: Anderson, Robin Subject: RE: Emailing: ACAI_1ofl.jpg ry Much better. I think this works for me. Your thoughts? Jo Anne Miller Buntich Interim Director Growth Management Department Town of Barnstable 367 Main Street 1 Hyannis, MA 02601 p 508 862 4735 f 508 862 4782 joanne.buntich@town.barnstable.ma.us Town Website http://www.town.barnstable.ma.us Please consider the environment before printing this email -----Original Message----- From: Puckett, Carol Sent: Thursday, July 16, 2009 2 :57 PM_ To: Buntich, JoAnne Cc: Anderson, Robin Subject: Emailing: ACAI_lofl.jpg Hi Joanne, Here is the latest version that was just submitted by the applicant with Robin. Thanks, Carol The message is ready to be sent with the following file or link attachments: ACAI_1ofl.jpg Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 j it l l� l � l � �I � I r �� rtl, c� >- �-- � � � � � fit , �- � , � r � I � � ' �� � I � il ! j �P`oFI HGE r�~o Jo Anne 1 ABM Mi,[fer Buntich . � 0 9q, 039. .0 Assistant Director `rfo Mn+° Growth Management Department Town of Barnstable Tel:(508) 862-4735 367 Main St., 3rd Floor Fax:(508) 862-4782 Hyannis,MA 02601 email:joann.buntich@town.bamstable.ma.us B ' r� N f` Town 0' B-"" >�nM*1b��s�E P�ofYHE rosti Regulat yjL$MlV.9s 1: 04 Thomas F. Geiler,Director r � yB'RN ass.S. Building Division Fp9. Tom Perry,Build Qwso ner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit#g00°� bZ 091 Application for Sign Permit Applicant: �l.�Lr�} � �� ��?/U�¢� T(fU�{�Q Map &Parcel # Z t� t Doing Business As: kA L 8GUy SWU_- f3,q e— Telephone No. 3_4 Y q°1C-26 9_/ Sign Location Street/Road: QJPQ A4#IiN S �Nluls .Q Zoning District: Old Kings Highway? Yes6r Hyannis Historic District? Yes(9 Property O r ��/� ,� Name: uD SILO Telephone: 50$- —CQZ,2 Address: /Z8Z ' A/#IAJ Sj_' C��( Village: t'�6 (-WI&6 Sign Contractor Name: DEf GO Telephone:SOX—WO(30 JG Mailing Address: m a j N 51— H qA NM I S M lr 02601 , '4' Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, 1 ation siz of 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) Width of building face ft.x 10= x .10= S1q.Ft. of proposed sign 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 construction shall conform to the provisions of§240=59 through §240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent: �' Date: 06 Permit Fee: Sign Permit was approved: Disapproved: Signature of Building Official: Date: In order to process application without delays all sections must be completed. 0:IYYPFILESWGNSlS1GAAPP.DOC Rex 9/12106 i� 7 � t " r .r r lit w j d � y Y J ' V lie- f d � �c o- d .y d C c- v> ry d� w y:a r Nek 0 0 C fl CD MMO. 0 �1 S,a • . T� j4 i ,b r• • � I Sign , TOWN OF BARNSTABLE Permit * SARNSTASLE. _ MASS. 6 s 9��F A Permit Number. Application Ref: 201300414 20070824 Issue Date: 01/16/13 Applicant: Proposed Use: RESTAURANT & CLUB Permit Type: SIGN PERMIT Permit Fee $ 75.00 Location 14 WEST MAIN STREET Map Parcel 290094 - Town HYANNIS Zoning District OM Contractor PROPERTY OWNER Remarks REINSTALL SIGN- NO CHANGE ACAI BERRY JUICE BAR Owner: AUNT BETTY'S POND RLTY TR Address: P O BOX 430 OSTERVILLE, MA 02655 Issued By: p POST THIS CARD SO THAT4S.., IS VISIBLE FROM TIDE STREET l ` tCi PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT J 200 MAIN STREET HYANNIS, MA 02601 DATE: 01/16/13 TIME: 13:35 -----------------TOTALS----------------- PERMIT $ PAID 75.00 AMT TENDERED: 75.00 AMT APPLIED: 75.00 CHANGE: .00 APPLICATION NUMBER: PAYMENT METH: CASH PAYMENT REF: t . �WE, Tom. of Barnstable Regulatory Services } 'AXA-SaRNSr"LE, " Thomas F.Geiler,Director 9639 Building Division MA'S A - Tom Perty, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790=6230 Permit# Building Official approving Application for Sign Permit Applicant: wb As No.� 61 0 09 1 Doing Business As: AcA-I d L'g{e`(' - UGL& Aephone No. Sign Location Street/Road `7 I�' �'6 Al: S Zoning District: Old Kings Idighwayp Yes/No Hyannis Historic Districts' Yes/No Property Owner , Name:_ /3 C-7711K Telephone: :. Address:_ A�l� Village: Sign Contractor Name: Telephone: ; Mailing Address: r ' Description ` "' .Please follow the cover directions.You must have an accurate rendition of sign with dimensions and location. Is the sign to be elect-fiedp Y /No . (Note:Ifyes,a wiiiag peamitis required) Width of building face f.x 10- x.10 e Check one Reface existing sign or New Total Sq.Ft of proposed sign(s) 3 Ifyou have addi oval signs please a=r-b a sheetlisting each one with dimensions If refacing an egg sign please provide.a picture of the existing sign with dimensions.. 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 construction shall conform to the provisions of §240-59 through§240-89 of the Town of Barnstable Zoning Ordinance. � Signature of Owner/Authorized Agent: D* /Z• LJ 0 JL SIGNS/SIGNRE U 11 iffIrrTI r.:;•••;..•.•..•••:o•e•.••..♦•..w•..•..•..••..•....•.•.....••.:...:.::.:.:•:�o:H.:: :r:.•••...:..•t••:•..•:•:.�:•:•..:••:0a:. ..: :�:�:::::.:...•......... :::i••. ... i�:: ..: .•...i:..• •....••...•..••..•. •.•.••.••.:.......• •. :.:::: ..•... ••••:.oN •. .....•o•o..a..•• N..N..• ••;:• o.00.000• . ... ��i:..••.•• •c•w ••••.•..•.••.•.oo.o.o..o••....• ••a•.w. r•1i.•.::••. o s••••a• •�::.:�....• •.•..•.•..•••0....... •••.• •..i:i• •..-•.•• •.....••.•o•.•..0.0.1••.f •.•.a �•• •..•••:•.••• •....a.• y iy • �♦• •.�..•OR •.••.•...•.••...••..•••.+ i• .I y • .t •:.•'.•V•.••• •..o:V •.o•.....o..w.•.•.• .•f•• f: :o..• ...•.• •«.••.• .o...•..o•i••.• •• •at 44+i::•♦t►•o.• v•..•s1•••.•0000•o.• • ro.•o..00.1oo00 •1• •1• •..•o .•.• .F...•1 N:101..0• apt ♦ •.• ••.•.•• .•• tat •;w .•. �w.�iRo .u•••.. r yt F,y}�%p' tt e • •........ ••..•.. . •. `+ +t. t ••r.• ••.•. r ....... •...•«•...•. r..•..•••+ y((.. ...«•..M. .•«N•.• t ..........•.•..« o.i.••• o •ji��. :- : i sou •�;i.: i♦ • • •f: •erilr o•{3 • 7 ,f. � ewr• w•su• �a ,M •a•a..«w isa .s a"► .s• ser,..pw "•e" Z l., �� �' ��� �1 � � ; � '�'; —4_+ �� ,�� _ , � �. ,,u {t I'' .\�. _ �S.a s ma's .�'`� M �� +:�, '�' ��'`' ... Tµ�q 2 ti�. �q` �,� �. �aid �� �• w�s �.,� ^� ,. �, � t� � � � _�'' T' � �1 .� f ' } C v��a• x +�� a�.. � ' RECEIPT DATE I� I No. RECEIVED FROM o ADC°RESS � V DOLLARS $ FOR RENT j4-116"1,-) FOR y f � Q'C"T.OF I, } ACi:OUNT I CASH ---- {�I E..4✓ "�,. _ AMT.PAID I CHECK BALANCE�- MONEY DUE ORDER gy f YOU WISH TO OPEN A BUSINESS? For Your information: Business Certificates cost $30.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NAME in the Town (WHICH YOU MUST DO according to M.G.L. - it does not give you permission to operate). You must first obtain the necessary signatures on this form at 200. Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1" Fl., 367 Main St., Hyannis, MA 02601(Town Hall) and get the Business Certificate that is required by law. or Fill in please: DATE2 APPLICANT'S YOUR NAME/CORPORATE NAME CGl L% �� G3 /7��'� e'f'citGtL z�+C BUSINESS YOUR HOME ADDRESS: s-r C 4 W , rwzvo o 7if rA4 f} � � TELEPHONE # Home Telephone Number d 367 • D `7 � JIZ NAME OF NEW BUSINESS L/-T f tj- Y �wct= f�-1Z. //0C . TYPE OF BUSINESS /d67 - IS THIS A HOME OCCUPATION? YES NO X Have you been given approval frorp the building division? YES NO X ADDRESS OF BUSINESS 14 (ti -RAID l� /EAR} /f /trjA MAP/PARCEL NUMBER Q 0 Cf When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate.your business in this town. 1. BUILDING COMrS ION R'S OFFI This individu had tinfo any per it requirements-t at pertain to this type of business. ,utlh ed Signature* COMMENTS: .2. BOARD OF HEALTH This,individual has e infor e f t e permit qu�ement hat pertain to this type of business. Authorized S' ature** COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: p� z � e� � � � � �� £ � �� � � � T _ � � �� � � � 4 4 115 IIK AVA ,y - � a '� -}�`' c �.r'�.•z"r �r ,"•,,, Wit'4�-r�„�`>`" '' -. "?�t� - - "` "��,-`�`� »:��•�,i; �� �r� „� � ,�. •ry - -. • ��"4--r � � a{rv?i�{•¢'�"�`7;'. c'- 4. � �R,r ��" y 1. :^`� *`�{�"�a� -',�'--r,r,��,�,t � }s» /-' "�'y.r'yr M,.. �,•-�.y� z. a - �__ .��, *.�a F£ro-ice• ^s a tk ,k 'S' ^s P ,c, ' •�z 74, 'quiz -c2"K. t',{ .. �ta.� �,,�,,, ,. tc Y�- �; '^,k...„_� °'�`�r *� "•tr�..4 s �'r s '�Ye#ra F��,,a•�',r .. t� �,�,'. �rs �. •�'.: �s +4+•�;?�..s,�J�, �.-,'} t 5 c+ '4 � � e+� y .:c„y s-,k.?"54. �' .. ¢r�J i. � i �..��+f a '�.k"�"-�i✓='ys4,f� '2^ �'iz' ��..* ,.:.:y - '= _, ;: <y..�,��. Y: -+.§"�� .C'�'`.�iTr'�-;!'_�u',� ,�:. � n-v� .,,t�*� ;� � •. > k: �•',,._�+r'!T ,.ti:..+'-r li=:a •Sc:.C"i`fa,. }S q.n. �:.s 3. „_ ,r r pt -� '4s�:. �'�*• '.d '•r-y�,t .r '� r•... ' _.: _,,,. �'. _,., x � •:Sye, -- i '+�, �'�'=� - 3 `• T ':', � 3 A � �.,E etc _ ,a7A`,` �t a :*�',.{'�F}-, .. '�:y o-?. t. .c -,• Lx�',z� +�'!si.. a ..`ia g�:�'k3 ��=` '' "Lti^� °, .�^`n=. s jo,.�.F ��..� x ?_ ,,a;�'.. ;: .+4 ..� •"�_.,.C"`. ,ri ;'. Y rx..:. �... fi�"_,k c!:7�.,'*" ...�� a'r''='�? '�` :� .{a .k e � z ti -.s. �h q•. .: �/ , -,.ram.-_ .e. .:. 3 ..:_�.X"• r ._,,,,,N .�. +.. �-..-. :a . '�:'G':s,., � .�'tk. ;.1y: s,t �-.. ,u. xx „.;rc f ...v�}<:. -.., ..: �.T<.r.Y,s.. ..+4s? ,. .�,. _....,. -,.._ � �s�.d-.. 'g ... „n. a"I:r t .F$s, t„rr -'oaf ��».o'•:- ., ��,, _,s .� �spa-.;r ✓.,...:<z .... r.., ._: ...:,�. .r .:as ems. ,�.�. ♦ �.-t y �,.;� � a:�.� x ,a.:.,.s ..�.�-,.,�'•� • '• 4�'2 IS, t Yw�*' ',E '# .:� •r ...: .., .s , �+• .�'��- .rx �s � � ,'s-Y ��` -�-'Syry�v'F�s+•ti_�,-Krv��y.#: .,,, r-t.: �� � � � _ � � �� 4 V J i � I �� p . � '�- . `� d �� ;� _ ��• _ r�s�Q c _ r —r,-,irta�TM,...w�,x R �rM' -4" s• ::K �s+�'. �,;• Y ��n x <a « ,!` f '?�"� 1i i# TOWN OF BARNSTABLE BAR-Wit w + Ordinance or Regulation WARNING NOTICE Name of Offender/Manager Al 77V �> /� ^t,� di Ail y 7/o S -r d Address of Offender 0 / C/ 4?4.,,v _L7" Cry7 ,re V1 t /4,4. MV/MB Reg.# Village/State/Zip rat"n yl t /' M14 :74 n/9//` "" am/ m- on 1'2 206-3 Business Name ,,�'` � �,+ �.'/ p , Business Address Ulf-7 S , Signature of Enforcing Officer Village/State/Zip A1.1I A?/0 46 Location of Off.eAse < r "yg e.41 r Enforcing Dept/Division Offense 6Ae 4 Facts w G .�►, � "J I xAVwf +,ter'.0 T N P r rA This will serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education. efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. t `�ftNET The Town of Barnstable BARN ABM Department of Health Safety and Environmental Services MASS. 0 9Qp iejq 'e0 -OO rf0 MAC Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection 0 'q Location /Y WeS i m4/A✓ S % /f,y Permit Number Owner 'd omrs '06'vo 'Rfe( ,E T,-?v4r Builder 61 , InAlsv ST- CfwT�eNicc C /s'IN. 026S-2 One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: k/r Czq 76 �'4 ec f /�✓ �c� d i N S19N W/Th` /11j?/c rS CA/ S/e,4c ,0 e S /iK FGa f9. S4le 0 k,,1vF1f T To zo T .P T 6 A C h o GT Please call: 508-862-4038 for re-inspection. Inspected by Date sod 4732 COUNCIL- PRESIDENT 4733 ADMIN ASSISTANT/COUNCIL 4602 COUNCIL SECRETARY 4731 CONFERENCE ROOM 4610 MAIN LINE TOWN MGR 4709 CITIZENS ADVISOR i i J 4601 ASSISTANT TOWN MANAGER 4600 TOWN MANAGER 4604 CONFIDENTIAL ASSISTANT 4734 BUDGET ANALYST 4789 CLERICAL ASSISTANT TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION . Map Parcel Parcel Permit# fo Health Division. +., s; cs 000 1 ' 2_� Date Issued Cv 0 Z, M f Conservation Division i Fee Tax Collector >6'Pj� Treasurer V� Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis �( Project Street Address 0e�-:4 S i- Village OwnerA`x & GAWIs Pnn,� KA lee n s,ij t'4 Address O TelephoneZ '�� �0%b� r Permit Request /10S 1/ ,R aijIfig5 0? kksl�Ci7C.l AVA 0/d r4Z-C SIL Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Valuation 31z©O Zoning District Flood Plain Groundwater Overlay —.Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. 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 Number 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 Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed: ❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name '�Jr YI,9 Telephone Number8 Address ef'SPl'j�.el�Pi7C-f 6 License# C � �'�� j/�J 9�j j'y a A,� I, , T 917alS �Z� ®Z� l Home Improvement Contractor# Worker's Compensation# 40 C ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE WJ& DATES 0a i FOR OFFICIAL USE ONLY: PERMIT NO. DATE ISSUED MAP/PARCEL NO: ADDRESS A VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION "> FIREPLACE ELECTRICAL: ROUGH FINAL i PLUMBING: ROUGH FINAL GAS: ROUGH' FINAL - FINAL BUILDING s DATE CLOSED OUT ASSOCIATION PLAN NO. 1 1 k j 1 rnuuuui JJIU . .v..w...v�. .v..v....v-wvv v....•....wwn.w.. ` Fold at(>)to fit 5015 DU-O-VUE®Envelo t.5(� -11R®P® AFL Designers&Fabricators V� of Resid Commercial Aumings Page No. of Pages 30 Perserverence Way Hyannis,MA 02601 JOB NAME/NO. (508)775-6812 Fax(508)775.1967 _ (800)773-6812 I ocA"PION TO: ................. ................................. ...................... -- PHONE DATE t ttt We hereby submit specifications and estimates for: ...................................... .... ...__...... ............. ............. ........._...` ..... ........ ...................... _........ .. .......... .......... . ......... ........ .1 ! ►vj' � 5 . .... ......... ................ .. .................... I .......... . .... .................................................. ..... . ............. � I ..... ......._ _ ..... . ...................... .. j f. . ra.t� 5......... 3 v t - .. �1.11111 � Uf ........ t . .........__ .... .................. ....... .. ..... . ....... ..... ........ ... ........................... ...... .............................. . ... ... . ... .. ..... ..... .. ... .... o ..... . ., 157, o U .................................................... - 3_ a � Q � WE PROPOSE hereby to furnish material and labor—complete in accordance with these specifications,for the sum of: �j /E /� ` dollars($v w- v _) Payalblas follows: LAJIIJ irz,vN All material is guararrtecd to be as specified.All work to be completed in it workmanlike manner ! according to standard practices.Any alteration or deviation Irom above specifications involving Authorize extra costs will be executed only upon written orders,and will become an extra charge over Signature and above the estimate.All agreements contingent upon strikes,accidents or delays beyond NOTE:This proposal may be withdrawn our control.Owner to carry fire,tornado,and other necessary insurance.Our workers are fully by us if not accepted within days. covered by Workmen's Compensation Insurance. ACCEPTANCE OF PROPOSAL—The prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. i e� The Commonwealth of Massachusetts . r - -_- Department of Industrial Accidents Ofllce oI/oaeW atiVMS I 600 Washington Street Boston,Mass. 02111 WorkersIC om ensation Insurance Affidavit IBM name locatiow. �+C�c �� c Pev ce r,�►� city ohone# ❑ I am a homeowner performing all work myself. ❑ I am a sole rietor and have no one workin in ca ac�ty comsa .:name:::::".: .... • ..::.: .:.:.:.:... ;:....... . ..... .... ':+:i:v t:i:k 4� '.'::'::::::}ii:'"viii'•'::i:<+..:y';',:`�'':;i:;:; ':::v'.•. '::::::::::::i:::i : ii:ii:ii::jir::::!:i::i::iii: ii::vj;i{%ijjj:fis�i:iiii:?ti::':::::;:i. ;isi:+:i::::i?i`;:;ivy`i:?:<::::::: ::r,;{,.:ii{:.`iiii?,:::v;?:::jii:; ::'::. ....._.�::::.::. •.::::..'.iiiii..:.::w.:v.... ..::::::...�(}y: .:::..:• •:::':::n�:: :.-:: ...�:::v::.;'.;':.:ii:.: .�::::::•iiiii:.�:::i:::Ci:!:i::?:;:'G:c:::•::::.:�:::: iv:!;i,(v:ii:i?i::•:iii:i:iivi:ii:...:...::::....iii:ivv'L;ii:;' .. y�/.y6.i,�:.i:.i:.�::.: iiii.'::::.:::.•::::. n... '. :�. }t:'':9i!:..v,..:. .. ..: ,:•..::: ::.:�ar.ii::':i::':..:.:":::.:.::...:.::::.i:.�::...:..:::::.ii.::.:..::........::. .:: ::.::.: ":::.::: ::::::::.::..::•:.::•:::::::::::.:(.:::::: ii:::i:i:i::i:.::.:i:: .....:....':ii:::i:::i:i::::::::i:: :f 'ii::n::.'::::::::ii:iiii:i:v:•::':::ii:':i<:i:ititi::iiii:i::i:':: >: ::. '>.'r. 4`::>:.'.::::::i::Y '.•:'.:.:::::>}.:):}:'i::v: :::::i:>?::*:.'::%::::>:: :>::.............:......:........ :tii:':::: ?'.:J:Y:y:..<?::::I..`:. .. ci tw �� ::::::::::.::::.:::::::.:..::::::,:::::::::::::::::::::::::.:.ohone#.sw �� ,.. :. .. ❑ 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: ani .>one s 'c�inn X. 54:!:>:"v:.'•::''r'iJi'!J:•i�t^iiiir:Jii:�i:i:}i"i:':ii::iiiiiiY:::i:::.'•:is i iv;:i'ri`::''is is ii i:'v:�iT:isv::::::::?::::::::::'}_-Xxi�::ii:?::::isv:�i i�?;:':C:v:; :!Yi:::::ij:i:$i::;.i`. +:.:::?..'•:.;jf;};-;:r :`.•vi:i. islily;:iS:':::::�::::::::]:v:>'::y': address.:. :....... . ..:...::::.::......:...::::::.:..:::. .: :...: .......::..:: �p 7.....:�::.�::•.i'::::::::...•.•:..•.....•..••••......•.•••••••..••••.......................:::::::::::::::•:�:::•vii::j-0i:�:;iii iiiii?iiiiii:•ii:vi?ii:viY:�i::•:ii}}i:4iii:�:::�i:4i::n}}�ryiiiY.iir�?�iii:::C^:tiviiiiYv:>.::ii::.'vr:::?iiiiiiiiii)if.••. 5....f�. •V:I/iiy:}•l:L;��:..i::+:`:v!v_ii :Fv::ii::•i:}:::!.?•::::::�i{S{:;:;:?;i:}:_}::::::::::>`:v;.;:y?� •vi;:•i:•:�:L:•iiiii:i•::4i:ii4:•:::::::::::::::::::v::�•::w:.�:::::::•:w::•.�::.�:::::::.�::..:. •.................r... ...................... ........ i'ii:::i:i.`?'r,;i:ii::Fiigii:C:ii:i:'ii}:;:;:j;'i<;:??j;::;ii:;i:;:y;:;ii:'ii:>.<;:;siiii:::;v::�`:{•:y;:;i:;:;:i:i::i:i?:i;:}�;:::i::;i::::i :;:':.; !::;:::;':::i:yjy:?: ............................ h:;:;:_:y3:;:::: :�:;:;`:;maim"::%:::: :..:....�.....::::% :;:;:::;::;:5::::::...:: :::;:;`;:?;::;>::;: 2�: :::::�:::`:�:<:22::`:::::::',..........;%:;%::':`:r;:;r:::::::::::::::y: ;?::::'•:::i: i::>'S::':2:r: c sa;n ::........ .... address . >':. `till 'z<bl1 C f - iaii:S iii; y:i:i �in�urance «; oli N` Failure to secure coverage as regni;ed under Section if of MGL 152 can lead to the imposition of criminal penalties of a fine op to 51,500.00 and/or one years'imprisonment as weft as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that s copy of this statement rwarded to the Office of Investigations of the DIA fo overage verification. I do her a fy eder the airs and pe iat the in provided above is trw coned Sigaa Print named a��` �^- �-> phone# official use only do not write in this area to be completed by city or town official city or town: permit/license# ❑Building Department ❑Licensing Board ❑checkif immediate response is required ❑Selectmen's Office (:1HwlthDepariment contact person: phone#; _❑Other_ 4mzad 9/95 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein; or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in*the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political,subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers'. compensation affidavit completely,by checking the box that applies to your situation and supplying company names, address and phone numbers along with a_certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City.or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the perinit/license number which will be used a nu s a reference mber. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth`Of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 eat. 406, 409 or 375 CERT M F' 2 CATE (DF' 2 NSLJRANCE 1 J' Issue date: 1/31/02 ------------=---------------------------------------------------------------------------------------------------------------------- Producer: I This certificate is issued as a matter of information only and confers I no rights upon the certificate holder. This certificate does not amend, I extend or alter the coverage afforded by the policies below. SOUTHEASTERN INS AGCY I------------------------------------------------------------------------- 641 MAIN ST I COMPANIES AFFORDING COVERAGE HYANNIS MA 02601 1------------------------------------------------------------------------- Code: Sub-code: I Co Ltr A: CENTRAL MUTUAL INS ------------------------------------------------------------------------------------------------------------------------------------- Insured: I---------Co-Ltr-B_ ------------------------------------------------------- AWNING SYSTEMS I Co Ltr C: BOB GL I DDEN DBA I------------------------------------------------------------------------- 30 PERSEVERANCE WAY Co Ltr D: CENTRAL MUTUAL INS HYANNISMA 02601 I------------------------------------------------------------------------- I Co Ltr E: ------------------------------------------------------------------------------------------------------------------------------------ COVERAGES This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies, Limits shown may have been reduced by paid claims, ------------------------------------------------------------------------------------------------------------------------------------ Co I I I Policy I Policy I Ltrl Type of Insurance I Policy number leffective date lexpiration datel All limits in thousands ------------------------------------------------------------------------------------------------------------------------------------ A (GENERAL LIABILITY I CLP7879522 1 7/01/01 1 7/01/02 (General aggregate: I Commercial general I iabi 1 ity I I I (Products-comp/ops aggreg: 11000 I [ Claims made [X] Occur I I I (Personal/advertising inj: I wner's 8 contractor's Prot I I I (Each occurrence: I I (Fire damage: I I I IMedical expense: 5 ------------------------------------------------------------------------------------------------------------------------------------ 1AUTOMOBILE LIABILITY I I I (Combined I An yr auto ( I (Single limit: I All owned autos I (Bodily injury I Scheduled autos I ! I�Per person]: I Hired autos I I I odily injury I Non-owned autos I(Per accident): I Garage liability I I I I I I ( I I (Property damage: I ------------------------------------------ ----------------- ---------------- ---------------- ------------------------------------ ----- I X�ESS LIABILITY I I ( I I Each I Occurrence Aggregate I - Other than umbrella form I I I I I ------ ----------------------------------------------------------------------------------------------------------------------------- D WORKER'S COMPENSATION I UC787952307 7/01/01 I 7/01/02 (Statutory I----------------------------- AND . 100 (Each accident I EMPLOYERS' LIABILITY I I I 500 (Disease-policy limit] I ( I NIA (Disease-each employee] - - ---------------------------------------------------------------------------------------------------------------------------- I OTHER I I I I I I I I I ---- ------------------------------------------------------------------------------------------------------------------------------- Description of operations/locations/vehicles/restrictions/special items: ANY AND ALL AWNING WORK PERFORMED FOR DAIRY QUEEN 14 WEST MAIN.STREET HYANNIS MR TOWN OF BARNSTABLE AS ADDITIONAL INSURED FOR WORK PERFORMED BY AWNING SYSTEMS AT THIS LOCATION ------------------------------------------------------------------------------------------------------------------------------------ CERTIFICATE HOLDER CANCELLATION I Should any of the above described policies be cancelled before the I expiration date thereof, the issuing company will endeavor to TOWN OF BARNSTABLE I mail 10 days written notice to the certificate holder named to the BUILDING INSPECTOR I left, but failure to mail such notice shall impose no obligation or YARMOUTH ROAD -liability of any kind upon the company, its agents or representatives, HYANNIS MA 02601 I- ----------------------------------------------------------------------- Authorized representative: ----------------------------------------------------------I JOAN MARTIN JA ------------------------------------------------------------------------- 4/89 °f BA�q S ABL . 9� * iARNSTABix, TOWN OF BARNSTABLE yQ MAss m mm 20 o�cut w Op 059' Oy UILDING'DM A rFo � Application Ref: 200702218 Issue Date: 04/13/07 EGuLp`�°Py Applicant: AUNT BETTY'S POND RLTY TR Proposed Use: RESTUARANT & CLUB Permit Type: SIGN PERMIT Permit Fee $ 50.00 Location 14 WEST MAIN STREET Map Parcel 290094 Town HYANNIS Zoning District OM Contractor PROPERTY OWNER Remarks NEW 32 SQ SIGN ON WALL AMANDINE PATISSERIE 0 E- Owner: AUNT BETTY'S POND RLTY TR Address: C/O SILVIA U SILVIA ASSOC P O BOX 430 OSTERVILLE, MA 02655 G Issued By: PC y PQS`T THIS CARD;SO TH IS RISIBLE FRAM THE STREET �114E Sign �' do TOWN OF BARNSTABLE Permit � - * BARNSTABLE. MASS. s6 9�Aj.F p 39. a Permit Number: Application Ref: 200702218 20070035 Issue Date: 04/13/07 Applicant: AUNT BETTY'S POND RLTY TR Proposed Use: RESTUARANT & CLUB Permit Type: SIGN PERMIT Permit Fee $ 50.00 Location 14 WEST MAIN STREET Map Parcel 290094 Town HYANNIS Zoning District OM Contractor PROPERTY OWNER Remarks NEW 32 SQ SIGN ON WALL AMANDINE PATISSERIE Owner: AUNT BETTY'S POND RLTY TR Address: C/O SILVIA & SILVIA ASSOC P O BOX 430 OSTERVILLE, MA 02655 Issued By: PC �— IS POST THIS CARD SO THAT VISIBLE FROM THE STREET Town of Barnstable Regulatory Services o� Thomas F.Geller,Director AS& Building Division 1.639. A � Tom Perry,Building Commissioner 0 2�� 200 Main Street,Hyannis,MA 02601 �� 6 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit# Application for Sign Permit Applicant: 9 UZ A N A -Te 5 M A N D V IC, m 4k)A6C R Map &Parcel# OZ 9 D0 91 Doing Business As: A MA��I N E PA I SS ER I E CA-FE Telephone No. 1508 3 f SZ Sign Location Street/Road: 1� WLST MAIN STRC—E I, /4-YANAJ/S , MA 0.40) • Zoning District: Old Dings Highway? Yes No Hyannis Historic District? Yes To Property Owner , Name: AUNT BC--Tt�eS POND RE4LTY CORP. Telephone: 50a' -'IQ0 0,2-ZC Address: Q<R/ A M A►M STr C-C l Village: (QG TCR V/LL C- la'►A �2 6 r�� Sign Contractor Name: TN-C 5 f& N M A nl Telephone: Mailing Address: 46 T OR NTON p k I V E 11 I+yAN Aj 1 S41 MA 0,960) Description ✓v 6+ l�`h-►C� rl �� of showing location of buildings and existing signs with dimensions location an ize of Please draw a diagram of 1 g g g gn the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Y o (Note:If yes, a wiring permit is required) (ALA Y ex1$T FROM TW peevievs� ) Width of building face��ft.x 10= �so x.10= y8 Sq.Ft. of proposed sign 3� 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 construction shall conform to the provisions of§240-59 through§240-89 a_I of the Town of Barnstable Zoning Ordinance. p -�cs i Signature of Owner/Authorized Agent:, 25QehIC 2- Date: �/ 3 d-� ``! Permit Fee: Sign Permit was approved: Disapproved: t `' Signature of Building Official: Date: _j In order to process application without delays all sections must be completed. Q:I WPFILESI SIGNSI SIGNAPP.DOC Rev.9112106 L 1�. 'i 0 O PATISSERIE CAFE 14 West Main St Hyannis, MA 02601 $5959000 10 Business.Zoned; Wonderful business opportunity at a highly visible location-the West End Rotary! What an Pp tY g Y arY opportunity to build your own business and own the building and land on Cape Cod. The business is housed in a free standing building with a brand new appearance. There is seating in the facility and a parking lot. The equipment is in very good condition. The business is located in a prime location close to hotels, entertainment centers and in an area that draws an extensive amount of tourists. Buyer is encouraged to use due diligence to see what other business types can be used on premises. 13 parking spaces and 9 seat capacity. Building has grease trap.Equipment included. Town Sewer. ',aq�wyiyy'.-. t. J y�._- 1ffP � r y �� .�^ •• — 'Tye..,/ .y t..VV _ e r Presented By:!;Jerry-,S Epstein and Hiidur.-Vaz: 508-375-0909 800430-5203 YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates cost $30.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NAME in town (which you must do by.M.G.L. - it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1" FL., 367 Main Street, Hyannis, MA 02601 (Town Hall) and 200 Main Street Offices at the Licensing counter. DATE: O o` Fill in please: a� W* APPLICANT'S YOUR NAME: S v�/�X) - ��S r -"O7 ( C BUSINESS YOUR HOME ADDRESS: R-9, U A)AJ Y mD p DR . 11L � CI✓ ie--k V ILL ocZ 2, TELEPHONE # Home Telephone Number: NAME OF NEW BUSINESS a_m I oe, 6L S S,edr'1 e, YPE OF BUSINESS t�l.(l e, IS THIS A HOME OCCUPATION? YES NO L Have you been given approval from the building division? YES NO ADDRESS Or BUSINESS (. 25�' t rl S MAP/PARCEL NUMBER b o When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S O FI E This individual en infor a of any permit requirements that pertain to this type of business. Aut orized Signature'* COMMENTS: 2. BOARD OF HEALTH This individual has b nform d�Pgbe permit requirements that pertain to this type of business. , thorized 81 nature** COMMENTS: , 3. CONSUMER AFFAIRS (LICENSING AUTHO TY Aft, This individual Been info 'of the c n iments that pertain to this type of business. Au orized Sign ure`* / COMMENTS: wk-o ►l CA , �J'j'�'� Ili✓ lam( c TOWN OF BARNSTABLE SIGN PERMIT t. PARCEL 290 094 GEOBASE ID 19655 ADDRESS 14 WEST MAIN STREET PHONE (508)775-144 HYANNIS ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 83334 DESCRIPTION 40 SQ BAILEY'S ICE CREAM PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS:ARCHITECTS: P . De artment of TOTAL FEES: $50.00 Regulatory Services BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATEBAMMBLE).'-, P MAM 1 BUILDIl DI ISION w BY DATE ISSUED 04/11/2005 EXPIRATION DATE �2 Town of Barnstable Regulatory Services Thomas F.Geller,Director �� g R ,,jAB1,E B^ 'N. ' Building Division q fo�,�A`0� Tom Perry, Building Commissiof� � ��R ` A� 9: ,200 Main Street, Hyannis,MA 02601 www.town.b arnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Tax Collector Treasurer Application for Sign Permit Applicant: 1 `��`4 Assessors No. Doing Business r 5 �'Ce.C-g-Q r� Telephone No. Sign Location / / Z Street/Road7z 5L Zoning District: Old Kings Highway? Yes;No Hyannis Historic District? Yes/No Property Owner l rA Telephone: Name: illage: -- Address: V �S' ��P Sign Contractor Telephone: Name: tPt`f�k( 54-3 C® e (o a L� �n�kN. 5'r Village: Address: v� <L�(Y�c� �, AO Description 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 sign to be electrified? Yes (Note:If yes, a wiring permit is required) Width of building face ��ft.x 10=S �-'�_x.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 construction shall conform to the provisions of Section 4-3 of the Town of. Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent: r Date: 7 L;N.16 ` = /(0 Permit Fee: Size-.— Sign Permit was approved: Disapproved: j-4)L-/- Signature of Building Official:y_ Date: Q:IWPFILESISIGNSISIGNAPP.DOC <�•r t-� � _� '* m-'�`}.x YC ::-;'e1'hk.. �� \`\ 3.Jed..:Y4 3' J �'r.;-''�c'�-�i_�_ _ '.. �i," a..�.� .. _ - 1^. Y , MUM � � * MEN A MR . -. ,r^r3-'f ",.._' £ s. _ h �_ rn � :e.., ate. ,?y -4"^'�.,.. ''�t'1� •� F r ti ri r � _ - ..� -�r§ x "- :Z�.� .�. Yr...:- + S"' 1 _.: jam:, c .. -,. J: t. `t _ � 'd. �•.•- .0•. ,.0 av-.�-:nGs�s .,� �._ - ,e• ,R..,.s .ac m - - .�:, r. :.:•.. , .'?,:' ,.:'"�s,.3c •`�� q - �'r�t'� .uu�;,, •u:::. '^a- *"���.. we - -. : a�{,,, .y z .x_:.. ,a, ±._:....4 -.,_ +.:,. .,-_ r. ,,_ .,•.c" .... �,' �'r. v.. t z.k_.-..: '.4zs -_�''F` �'-.`] `Y•. �w%�-f.^..�5.'�. 1 � •��,. - - —/mil- e `�S - - r � i Massachusetts Department of Environmental Protection ` Bureau of Waste Prevention .Air Quality Please Enter Decal# B /P AQ 06 ' i Notification Prior to Construction or Demolition Affix Notification Decal Here i - A. Applicability. --------------------- Important When filling out •A Construction or Demolition operation of an industrial, commercial, or institutional building, or o s on the residential building with 20 or more units is regulated by the Department of Environmental Protection computer,use only the tab key (DEP), Bureau of Waste Prevention-Air Quality Division, under Regulations 310 CMR 7.09. to move your Notification of Construction or Demolition operations is required under 310 CMR 7.09(2)ten(9 0) cursor-use the returnnot days prior to any work being performed.The following information is required pursuant to 310 CMR s 7.09. key. B. General Project 'Description 1. Facility Information: Name Address Instructions Cttyrrown _ State Zip Code 1.All sections of colmpteted In-order must Telephone Number �- E-mail Address(optional) to comply with the Size: Department of Environmental + s Protection 19 notification Square Feet Number of Floors requirements of Was the facility ❑310 CMR 7.09 ty built prior to 1980? ❑ Yes v No 2.Submit Original Describe the current or prior use of the facility: Form To: Commonwealth of r Massachusetts 2R Tt3 s IC `` b p �'°— 8-.. k f k�� Asbestos Program P.O.Box 120087 Is the facility a residential facility? ❑ Yes r9r No Boston,MA 02112-0087 If yes, how many units? 2. Facility Owner. Name Address IL Citylrown State Zip Code Telephone Number(include area code and extension) E-mail Address(optional) On site Manager ag06app 6/04 Bv1IP AQ 06-Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Prevention • Air.Quality Please Enter Decal# BWP AQ 06 Notification Prior to Construction or Demolition B. General Project Description (coni.) 3. General Contractor. Name Address i h A Piss�d. YY1 11 cityrrown State Zip Code A., Telephone Number(include area code and extension) Email Address(optlonaq c��iSw P';Ifs On-sfte Manager C. General Construction or Demolition Description General Stathment If 1. Construction or demolition contractor asbestos is found ding a 5 A Me Construction or Name Demolition operation,ail responsible Address parties must comply with 310 Telephone Number(include area code and extension) E-mail Address(optionao CMR 7.00,7.09, 7.15,and Chapter 21E of the On-site Manager General Laws of the 2. On-Site Supervisor. Commonwealth. This would _ .�0 4 _ .1 t )j►S Include,but would Name not be limited to, filing an asbestos 3. Is the entire facility to be demolished? ❑ Yes No removal notification with the wDepartment 4. Describe the area(s)to be demolished: and/or a notice of n � release/threat of /V r�•P ri,a +urn-) - release of a hazardous substance to the Department,If applicable, 5 If this is a•construction project, describe the building(s)or addition(s)to be constructed: s0JV w ^Ic)\ 'S, wL ag06app-6f04 BINP AQ 06-Page 2 of 3 Massachusetts Department of Environmental Protection Ll Please Enter Decal# Bureau of Waste Prevention • Air Quality ,BP AQ 06 Notification Prior to Construction or Demolition C. General Construction or Demolition Description (cost.) 6. If this is a demolition project,were the structure(s) surveyed for the presence of asbestos containing material(ACM)? ' ❑ Yes No If yes,who conducted the survey? Name Division of Occupational Safety Certification Number 7. Construction or Demolition /t/o !i'e••n o I Start Date End Date 8. For demolition and construction projects,indicate dust suppression techniques to be used: ❑ seeding ❑ paving[Iwetting El shrouding other, pleaseseci shrouding . specify: ❑ covering ❑ other 9. For Emergency Demolition Operations,who is the DEP official who evaluated the emergency? Name of DEP official Titre Date of Authorization DEP Waiver# D. Certification I certify that I have examined the above and that to the best of my Print Name knowledge it is true and complete. The signature below subjects the Authorizqdyftnature signer to the general statutes t!10W!, n� regarding a false and misleading Posifionrrtle statement(s). 2 nac.. ' Representing Date P.E# ag06app•8M4 BWP AQ 06 Page 3 of 3 • 9 C • �;a CkC4 I (Y J LEASE BETWEEN /CA I LrNG KUET AS LANDLORD, AND SUB WA Y REAL EFTA TE, L L C AS TENANT LOCATION: 14 WEST MAIN STREET, HYANNIS, MA 02601 INDEX SECTION 1 Description of Premises 2 Term 3 Quiet Enjoyment 4 Rent 5 Use of Premises 6 Utilities 7 Repairs& Maintenance 8 Hazardous Substances I 9 Glass 10 Surrender of Premises 11 Damage or Destruction of Premises 12. Non-Liability of Landlord for Damages 13 Fire Insurance 14 Liability Insurance 15 Assignment,Sublease, or License 16 Improvements or Additions by Tenant 17 Restrictions Against Mechanic's Liens 18 Signs + 19 Parking 20 Condemnation 21 Holding Over 22 Notices 23 Default 24 Tenant's.Remedies on Default 25 Licenses/Alterations 26 Taxes&Assessments 27 Landlord to Have Access 28 Renewal Terms . 29 Limitation of Liability of Persons and Entities Affiliated with Tenant 30 Entire Agreement 31 Brokers 32 Competition 33 Recording 34 Waiver 35 Law 36 Headings 37 Litigation 38 Sever-ability 39 Force Majeure 40 Lease Execution 41 Cancellation 42 Right of First Refusal to Purchase 43 Construction 44 Attomment 45 Estoppel Certificates 46 When Lease Becomes Binding 47 Timeliness of Charges 48 Counterparts And Electronic Execution Exhibit A Proof of ownership Exhibit B Estoppel Certificate Exhibit C Letter of Possession P LEASE This lease (hereinafter "Lease") made and.entered on JJby and between. KAM LING KUEf hereinafter referred to as "Landlord," and SUBWAY REAL ESTATE, LLC, a limited liability company, organized under the laws of Delaware and having its usual place of business at 32.5 Bic Drive, Milford, Connecticut 06461, hereinafter referred to as `Tenant." In consideration of the mutual covenants herein contained, the parties agree as follows: Definitions The following terms when used hereinafter shall be defined as follows: Building "Building" means the structure or portions of a structure constructed or to be constructed by Landlord. Premises "Premises" means a portion of Landlord's Building leased to Tenant. SECTION ONE DESCRIPTION OF PREMISES Landlord leases to Tenant and Tenant leases -from Landlord the Premises located at 14 West Main Street, Hyannis,. MA 02601, which contains approximately 1582 square feet, more or less. The square footage of the Premises is based upon the measurement from the face of the exterior walls and the centerline of the interior walls, with deduction for columns, walls or other structural or_non-structural components. In the event that the actual square footage of the Premises are larger than specified herein, the terms and.-conditions shall remain the same. SECTION TWO TERM The term of this Lease is ten (10) years. This Lease. and all of its corresponding rights and obligations other than the. payment of Rent shall commence upon receipt by Tenant of all necessary approvals and permits ("Lease Commencement Date"). Tenant acknowledges that such permits and approvals shall be applied for within thirty (30) days after the execution of this Lease. Landlord warrants that the Premises shall be delivered to Tenant clear of all existing equipment in the space. The parses herein agree that, subject to the execution of. this Lease, Tenant shall be entitled to the use and possession of the Premises for the purposes of renovation and remodeling. y SECTION THREE QUIET ENJOYMEN t Landlord covenants, warrants and represents that upon commencement of the Lease term, Landlord has full right and power to execute and perform this Lease, and to grant the estate demised herein; and that Tenant, upon the payment of the rent herein reserved and performance of the covenants and agreements hereof, shall peaceably and quietly have; hold and enjoy the Premises and all rights, easements, covenants, and privileges belonging or in any way appertaining thereto, during the term of this Lease.. Upon request; Landlord shall provide proof of ownetship'satisfactory to Tenant(Exhibit A). No changes or additions by the Landlord wilt inhibit access to or visibility of the Premises or decrease the existing parking area. Tenant is allowed, at its cost, to prune, or cut back,any trees that interfere with visibility of the Premises only with the advance written approval of the Landlord.Tenant shall remain liable to the Town and all abutters in connection with these activities and indemnify the Landlord from all claims in connection herewith SECTION POUR RENT The Rent for the Premises shall be Thirty Six Thousand ($36,000.0.0) Dollars per year. Rent shall be due on the first day of each month: Landlord reserves the right to charge a late fee of five (5%) percent of the unpaid amount if not received by the fifth day following the due.date of any payment due to Landlord. Tenant shall be responsible for an additional $50.00 fee incurred by Landlord,for any Tenant check returned for insufficient funds. In the event of Tenants delivery of two such checks in any twelve month period, Tenant shall deliver all payments by electronic banking or other deposit to Landlord's account. For the term of this Lease, Tenant shall pay said Rent at the rate of Three Thousand ($3,000.00) Dollars per month in advance on the first day of each month. Tenant shall incur three percent (3%) annual increases rounded to the nearest dollar starting in year two (2) of the Lease term until the Lease is terminated (Le Year Two Rent shall be $3,090,00; Year Three Rent shall be $3,183.00, etc.). The Rent shall commence the earlier of ninety (90) days following the date permits for construction are received, or when. Tenants opening for business or September 1, 2014. (''Rent Commencement Date"). Upon the execution of this lease, Tenant shall remit to landlord $3,000.00, to be applied to the first month of rent due and payable hereunder. Amount of Security Deposit Tenant, contemporaneously with the execution of this Lease, has deposited with Landlord the sum of$3,000:00, the receipt of which. is hereby acknowledged by Landlord. Said deposit shall be.held by Landlord; without.liability for interest, as security for the faithful performance by Tenant.of all the terms, covenants and conditions of this Lease by said Tenant to be kept and performed during the term hereof. Said deposit held hereunder by Landlord may not be commingled with any other funds of Landlord. z Use and Return of Security. Deposit — Should Tenant fail to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, Landlord may appropriate and apply said entire deposit, or so much thereof as may* be necessary, to compensate Landlord for loss or damage sustained by Landlord due to such'breach, without prejudice to its further rights and remedies. Should the. entire security deposit or any portion thereof be appropriated and applied by Landlord for the payment of overdue rent or other sums due from Tenant hereunder, the Tenant shall, upon the written demand of.Landlord, forthwith remit to Landlord. a sufficient amount in cash to restore said deposit to the original sum deposited. Should Tenant comply with all the terms, covenants and conditions of this Lease, the said deposit shall be returned in full to Tenant at the end of the term of this Lease or upon its earlier termination. Common Area Expense and Operating Costs Payments By Tenant Tenant shall pay to Landlord as additional rent on the first day of each full calendar month of the lease term, one twelfth (1/12) of the annual real estate tax, water and sewer bills due to the municipality. Landlord shall provide such information to Tenant on a regular and consistent basis in the form of copies of the municipality.'s invoices to Landlord. Tenant shall deliver these payments to Landlord as a Tenant obligation under the Lease. In the event that Tenant fails to pay additional rent within twenty- one (21) days from the date of receipt of such information, Tenant shall be responsible for all interest, costs and penalties charged by the municipality together with a fee of fifty dollars ($50.00) due to the Landlord. Tenant shall also be able to pay such fees directly to the town with subsequent notice to the Landlord of such payment. Estimated Costs: Reconciliation of Payments Tenant shall be responsible for the maintenance, and operation of the Building, including both costs allocable to the buildings and to all common areas. Such costs shall include, without limitation, the costs and-expense attributable to the following: repair and maintenance of the buildings and improvements constituting the Building; resurfacing, repainting and restriping parking areas; cleaning, sweeping, trash removal and other janitorial services, policing and security services; the purchase, construction, and maintenance of refuse receptacles; installing and maintaining plantings and landscaping, directional signs and other markers, car stops and the like; the costs of power, lighting and any other utilities furnished to the common areas; snow removal, tenant's insurance premiums on fire, public liability and property damage insurance; real property taxes, water and sewer fees levied or assessed against the Building or any portion thereof. - SECTION FIVE USE OF PREMISES Tenant's use shall be defined as a restaurant for on and off premises consumption or for any other lawful purpose. Landlord acknowledges that Tenant's menu consists primarily of sandwiches wraps, salads and related items and that from time to time Tenant may add test items to its menu. Landlord further agrees that Tenant may add, delete and/or change its menu without the prior consent of the. Landlord provided that Tenant complies with all local codes and ordinances, and that the Landlord has no preexisting agreements prohibiting such menu additions. Tenant may sell fruit smoothies and/of-yogurt. In no event shall Tenant's menu be construed as limited to sandwiches and salads. Tenant may, but shall not be required to remain open seven (7) days per week twenty-four (24) hours per day. Landlord acknowledges that the normal r operation of Tenant's business will create certain aromas including but notiimited•to the aroma of baking bread. SECTION SIX UTILITIES Tenant shall pay for all utilities furnished to the Premises during the term of this Lease, including water, electricity; gas, sewer and telephone service. Landlord shall be responsible for any and all tap fees, hook-up fees, connection fees, impact fees (if any) necessary for Tenants utilities. SECTION SEVEN REPAIRS.AND MAINTENANCE Landlord shall maintain the exterior of the Building, including the roof, walls, foundations, Premises in good condition and repair, except when a( n the structural 'portion of the P p walks, and 9 damaged by Tenant. Such maintenance shall.not include the removal of snow and/or ice. In addition, Landlord warrants that the Premises, including the heating and air conditioning systems, plumbing, sprinklers, hot water heater, and electrical systems shall be delivered and will be in compliance with all applicable building codes, in good working order, and that the roof will be free of leaks for the upon the delivery of the Premises and throughout the terra of this Lease. Tenant shall, at its expense, maintain in good condition, the doors and interior of the Premises, including electrical wiring and fixtures, plumbing, heating, and air conditioning equipment presently in place or added by Tenant or Landlord except when such damage is caused by Landlord, its agents or employees. Landlord hereby agrees that Landlord shall, at Landlord's expense be responsible for the replacement of heating, ventilating and air conditioning "HVAC" system if and when necessary. If Landlord shall .fail, refuse or neglect to comply with Landlord's obligations in accordance with the terms of this Lease within twenty (20) days from .Landlord's receipt of Tenant's written notice of disrepair and request for adherence to Landlord's obligation, or if Tenant is required to make any repairs by reason of any act, omission or negligence of Landlord or its employees or agents, Tenant shall have the right, at its optoh, to make such repairs on the behalf of and.for the account of Landlord and deduct the cost and expense thereof from the next installment(s) of rent due. Alternatively, if a default by Landlord continues for a period of thirty (30) days after Landlord's' receipt of a written notice specifying the default, Tenant, at Tenant's option, may declare this Lease terminated and void; Tenant shall vacate the Premises paying rent only to the date of said vacating. SECTION. EIGHT HAZARDOUS SUBSTANCES Landlord warrants and' represents that, to the best of its knowledge, any use, storage, treatment or transportation of Hazardous Substances which has occurred in, on, or under the Premises and the Building prior to the date of execution of this Lease has been in compliance with all applicable environmental laws. "Hazardous Substances" shall mean pollutants, contaminants, toxic or hazardous waste, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any environmental law. "Environmental Law" shall mean any applicable present and future federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment, and any regulation or policy promulgated or issued thereunder. Landlord additionally warrants and represents that, to the best of its knowledge, no release, leak, (< L �� ` discharge, spill, disposal or emission of Hazardous Substances has occurred in, on or under the Premises or the Building, and that the Premises and the Building are free of Hazardous Substances as of the date of the execution of this Lease, except for Hazardous Substances contained in products used by Landlord or Tenants in de minimis quantities for ordinary cleaning and office purposes properly stored in a manner and location meeting all Environmental Laws. Landlord hereby agrees, represents and warrants that (i) no activity will be conducted in the Building by Landlord and/or its agents, employees or contractors that will produce any Hazardous Substance, except for such activities that are a part of the ordinary course of Landlord's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws; Landlord shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the Building will not be used by Landlord.and/or its agents, employees or contractors .in any manner for the storage of Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Landlord's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws; Landlord shall be responsible,for obtaining any required permits and.paying. and.fees and providing any testing by any governmental agency; (iii) no portion of the Building will be used as a landfill or a dump; (iv) Landlord will not install any underground tanks of any type in, on or under the Building;,(v) Landlord will not allow any surface or subsurface conditions in the Building to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Landlord wilt not knowingly permit any Hazardous Substances to be brought onto the. Premises or the Building, except for the Permitted Materials described above, and if so'brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently .undertaken pursuant to all Environmental Laws; and (vii) to the best of Landlord's knowledge and belief: (a) Landlord has duly complied-.with and Landlord and the Building are presently incompliance with all Environmental Laws, and; (b) Landlord has received no notice respecting, nor does it otherwise .know of nor suspect, any fact which might constitute a violation of any Environmental Law. Landlord agrees to indemnify, defend and hold harmless-Tenant from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including any and all sums paid for settlement of claims, attomeys' fees, consultants' and experts'fees) arising during or after the term of this Lease from or in connection with the breach of the foregoing representations and warranties by Landlord or the presence or suspected presence in the past, or during or after the term of this Lease, of Hazardous Substances in, on, or under the Premises and the Building unless the Hazardous Substances are present solely as a result-of negligence, willful misconduct or other acts of Tenant; Tenant's agents, employees or contractors. Without limitation of the foregoing, this indemnification includes all costs incurred due to any investigation of the site or any cleanup; removal or restoration mandated by a federal, state or local agency or political subdivision, unless the Hazardous Substances are present solely as a result of negligence, willful misconduct or other. acts of Tenant,Tenant's agents, employees, contractors. This indemnification specifically includes all costs due to Hazardous Substances which flow, diffuse, migrate or percolate into, onto or under the Premises or the Building. Tenant will not cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees, without obtaining. Landlord's prior written consent, except for Hazardous Substances contained in. products used by Tenant or such other persons in de minimis quantities for ordinary cleaning and office purposes provided such materials are properly stored in a manner and location meeting all Environmental Laws. If Tenant breaches the foregoing representation and warranty, or if Hazardous Substances are used, stored, generated or disposed of on or in the Premises or the Building by such persons or if the Premises or the Building-become, con.tarNnated in any manner for which the Tenant is legally liable, Tenant agrees to indemnify, defend and hold harmless Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses- (including a decrease in value of the. Premises, damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorneys' fees, consultants' and experts' fees) arising during or after the term of this Lease and arising as a result of such contamination by Tenant or such other persons. Without limitation of the foregoing, this indemnification includes all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Tenant is aware of the presence of a riven adjacent to the Premises which Tenant agrees shall not be contaminated. If Tenant causes or permits the presence of any Hazardous Substance in the.Premises or the Building and such Hazardous Substances result in contamination, Tenant will promptly, at its sole expense, take all necessary actions to return the Premises or the Building to the condition existing prior to the contamination caused by the presence of any such Hazardous Substance on the_Premises. Tenant must first obtain Landlord's approval and the approval of any necessary federal, state or local agencies for any such remedial action. The foregoing indemnification and responsibilities of Landlord and Tenant, respectively, shall survive the termination or expiration of this Lease. SECTION NINE GLASS Tenant covenants and agrees to replace plate glass broken on the Premises during the term of this Lease, unless such damage is caused by the negligence of the Landlord, its agents, or employees. SECTION TEN SURRENDER OF PREMISES Tenant shall be permitted, within ten (10) days alter the expiration or sooner termination. of this Lease, to remove any additions or improvements made by it, provided, however, that it repairs any damage to the Premises caused by such removal or pays for any damages caused by such removal. Any such addition or improvement not removed within (10) days shall be deemed abandoned and shall, thereupon, become the property of Landlord without compensation to Tenant. If Tenant has made improvements to the Premises which, if removed; would cause significant damage to the Premises, then Tenant may, at its option, choose to leave these improvements in place without incurring any liability for their removal by Landlord or a third party. Tenant's trade fixtures and all of Tenant's equipment shall not be considered fixtures, and shall remain the property of Tenant. As such, they may be removed by Tenant at any .time, subject to the foregoing paragraph. On or.before the expiration or earlier termination of this Lease, Tenant shall surrender to Landlord the leased premises and all of Tenant's alterations and fixtures broom dean, in good order and condition,.excepting reasonable wear and,tear. Tenant may, but shall not be required to remove those alterations or improvements to the leased premises which are installed by Tenant and which are trade fixtures which may be removed without material damage to the lease premises and which are in the nature of furniture, movable refrigeration, movable cooking equipment, storage and display cases, counter shelves and racks. All other alterations and fixtures including, without limitation, those in the nature of ventilating, air conditioning, unmovable refrigeration, unmovable cooking equipment, plumbing, sprinkling systems, outlets, partitions, doors, vaults, paneling, molding or flooring shall be surrendered with the leased premises and Tenant need not remove them. SECTION ELEVEN DAMAGE OR DESTRUCTION OF PREMISES If the Premises are damaged or partially destroyed by fire, casualty or other cause during the term of this Lease or any extension thereof, Landlord shall have the option to either terminate the Lease or promptly repair and restore them to the condition which Landlord furnished to Tenant upon the commencement of the term of this Lease. In the event that Landlord elects to repair the Premises then Landlord shall use reasonable due diligence to complete said repair or restoration. If the repairs cannot be completed within ninety (90) days of the occurrence, then either party shall have the option to terminate this Lease as of the date of damage or destruction'by ten (10) days written notice to the other party. SECTION TWELVE NON-LIABILITY OF LANDLORD FOR DAMAGES Landlord shall not be responsible for liability or damage claims for injury to persons or for claims of an a that it May incur in connection with the operation of Tenant's property Y tYP Y R business unless caused by the negligence of Landlord or its agents, servants, or employees. Except when caused by the negligence of the Landlord, his agents, servants, or employees, Tenant shall indemnify Landlord from all liability, loss or other- damage claims. for obligations resulting from any injuries or losses of this nature, including reasonable attorneys' fees and court costs incurred by Landlord in defending any such claims SECTION THIRTEEN FIRE INSURANCE 'Tenant is responsible for its own insurance to cover its own contents located in the Premises, and all of the personal property and equipment'included in the Premises. Landlord shall not be liable for any damage to the property or person of any of the Tenant's officers, employees, agents, invitees or guests from perils customarily covered by fire and extended coverage insurance, liability insurance or acts of God. It is agreed that Landlord shall. be responsible for obtaining fire and extended coverage for the Premises with a reputable, appropriately rated and financially responsible insurer. The insurer must have an 'Excellent'financial rating as determined by Moody's or an A.M. Best rating of A-/D(. In addition, such insurance company must be authorized to do extended coverage insurance in the state in which the Building is located. Tenant shall maintain fire insurance and extended coverage on the interior of the Premises in an amount which is adequate to cover the cost of equipment and trade fixtures. SECTION FOURTEEN LIABILITY INSURANCE Tenant and Landlord as the owner of the building shall procure and maintain in full force, at its expense, during the term of this Lease, and any extension thereof, public liability insurance which shall be adequate to protect against liability for damage claims through public use of or arising out of any accident occurring in or around the Premises, in a minimum amount of two million dollars ($2,000,000.0.0) per occurrence and four million dollars ($4,000,000..00) aggregate. Landlord. shall be an additional insured in such policy; Landlord shall procure from sublessee a Certificate of Insurance with reference to the same. Sublessee.is the entity that has executed a sublease with the Tenant. Sublessee has 9 a reed in said sublease to perform all of the obligations of the Lease including but not limited to supplying the Landlord with a Certificate of Insurance. SECTION FIFTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Tenant shall not assign this Lease or sublet the Premises, or any right or privilege connected therewith, or allow any other person; except agents, employees, and customers of the Tenant, to occupy the Premises or any part thereof, without first obtaining the written consent of Landlord. A consent by Landlord shall not be a consent for a subsequent assignment, sublease or occupation by other persons. An unauthorized..assignment, sublease, or license to occupy by Tenant, shall be void and this Lease shall terminate at the option of the Landlord. The interest of Tenant in. this Lease is not assignable by operation of law, without the written consent of Landlord. Tenant shall.pay Landlord a flat fee of$850.00 with each request to assign, sublease or to allow a party other than Tenant to rent or use and occupy the Premises. Notwithstanding anything to the contrary,herein contained, the Tenant may sublet the demised premises without the Landlord's prior consent, but with concurrent notice to the Landlord with a copy of such sublease, to a bona-fide franchisee or licensee of Doctor's Associates, Inc. C'DAI'j (.pursuant to a so-called franchise agreement, or a license agreement or other agreement in the nature thereof), provided that: (i) the sublessee is a bona-fide franchisee or licensee of DAI who has been approved by DAI and Tenant by normal review procedures.which include (a) inquiries into the subiessee's financial statement, credit, criminal and business histories and educational background, (b) personal interviews and (c) the completion by the sublessee of the Subway business management school. Landlord agrees to accept rent from Tenant, its assignee, or sublessee. Landlord and Tenant agree that the purpose of this Lease is to sublet the Premises to an authorized Subway® licensee/franchisee of Doctor's Associates Inc. Should Tenant not succeed in obtaining an executed sublease within sixty (60) days of the execution of•this Lease, Tenant may, at Tenant's option, void this Lease upon written notice. SECTION SIKTEEN IMPROVEMENTS OR ADDITIONS BY TENANT During the term of this Lease, Tenant shall have the right and privilege of remodeling or altering the interior of the Premises, with the prior consent of Landlord which shall not be unreasonably withheld in excess of$10,000.00, in accordance with the standard SUBWAY® decor, including installation of additional partitions complying.with all codes, ordinances, and laws in effect at the time of remodeling. If Tenant or its authorized assignee/sublessee is unable to obtain permits from all applicable governmental authorities to construct its improvements at the Premises thirty (30) days after this.Lease: is fully executed by Landlord and Tenant then Tenant may rescind this Lease. No alterations or improvements affecting the structural portion of the Premises shall be made by Tenant without the written consent of Landlord. SECTION SEVENTEEN RESTRICTIONS AGAINST MECHANIC'S LIENS Tenant shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations, or maintenance of the Premises, and all liens of mechanic's and materialmen, and all liens of a similar character, arising out of or growing out of the construction,. repair, alteration, or maintenance of the Premises, provided said work was performed by Tenant and provided the person performing the work has filed the lien properly in accordance with the laws of the State where the Premises are located. If any lien remains undischarged and of record at the Barnstable County Registry of Deeds-for a period of ninety (90) days or more, it shall be a condition of default. SECTION EIGHTEEN SIGNS Landlord hereby gives its consent to Tenant to construct the Premises in accordance with standard SUBWAY® decor and to erect standard.SUBWAY® signs/awnings on the building utilizing the Franchisor's standard logo and colors. Tenant's signs shall measure at least 36" high and extend the-length of the fascia. The phrase "standard SUBWAY® signs" shall be deemed to include existing pole signs, monument signs and awnings. Additionally, Tenant may use standard SUBWAY®window advertising including but not limited to LED "open" signs and static cling(s). Tenant agrees that any signage to be installed by Tenant shall conform to.local codes and ordinances. In the event Tenant shall be prohibited from utilizing the Franchisor's standard decor and signage, Tenant shall use best efforts to obtain a variance or applicable approvals. Tenant may, at Tenant's option, terminate this Lease at anytime upon thirty (30) days written notice to the Landlord should Tenant, its assignee or sublessee fail to receive any approval, permit, licenses, rezoning or variance that is required to meet or exceed its requirements as stated herein. SECTION NINETEEN PARKING Landlord agrees to provide Tenant with the entire existing parking area presently used in connection with the Premises. Landlord makes no representation regarding the number of parking spaces or their configuration. Tenant acknowledges that it has examined the entire parking area and that it is acceptable in as is condition. Tenant shall be permitted to stripe the parking spaces, L�� install, operate and maintain lighting that it may require, and install signs designating the spaces for Tenant's patrons only. Tenant acknowledges that the parking area is taxed as a separate parcel of land by the Municipality, that the real estate tax for the parking area is included as an additional rent and thus, a Tenant obligation hereunder. SECTION TWENTY CONDEMNATION If the whole or an art of the Premises shall be taken b an lawful authority under the . Y P Y Y tY power of eminent domain, then this Lease and the term demised, shall thereupon terminate and Tenant shall be liable for rent only up to the date of such termination. In the event of the condemnation of the Premises,Tenant is entitled to participate in any and all claims, demands, causes of actions for, or voluntarily made awards for such taking to the extent that any such award includes the loss, if any, sustained by Tenant as a result of the termination of this Lease for loss of business, fixtures, goodwill, moving expenses and attorneys' fees and costs, to the fullest extent permitted by law. In no event shall Tenant's claim reduce and/or diminish Landlord's award. SECTION TWENTY-ONE HOLDING OVER The failure of Tenant to surrender the Premises.upon the termination of the original lease term or extension, and subsequent holding over by Tenant, without consent of the Landlord shall result in the creation of an occupancy at a use and occupancy monthly fee of one hundred twenty-five percent (125%) of the base rent, payable on the first day of each; month during the use and occupancy This provision does not give Tenant any right to hold over. All other terms and conditions of this Lease shall remain in full force during any use and occupancy hereunder. SECTION TWENTY-TWO NOTICES Landlord and Tenant acknowledge that it is extremely important that rent be paid in a timely manner as required by. *this. Lease. Since Tenant may sublet the Premises to a licensee/franchisee of Doctor's. Associates Inc., subject to the terms hereof, and the licensee/franchisee may pay rent directly to Landlord,.Tenant does not receive rental income and will not know if rent has not been paid. Since.the parties recognize that time is of the essence in this matter, Landlord .agrees to give written. notice to Tenant within ninety (90). days of any failure to perform any of the terms or conditions of this Lease by Tenant, its sublessee; or assignee. Tenant shall provide Landlord with accurate, complete and current contact information. for all subtenants. Failure of Landlord to give such notice will constitute a waiver of monetary claims against Tenant. Any notice which is to be given to Landlord or Tenant shall be deemed sufficiently given if sent by Certified or Registered Mail, postage prepaid, addressed.as follows: Tenant: (1) Subway Real Estate, LLC 325 Bic Drive, Milford, CT 06461, and (2) A necessary copy to: f Dixon/Turi Subway Development Team 930 Waterman Avenue E. Providence, RI 02914, and (3) A necessary copy to: The demised premises Landlord's address for notice is: 11 Blue Water Drive Centerville, MA 02632-1903 (4) With a necessary copy to: Russell L: Chin, Esq. Chin Law Firm 392 Hancock Street Quincy, MA 02171 The customary receipt shall be conclusive evidence of service, and notices shall be effective as of the date received. Landlord agrees to accept rent at the above-referenced address. Any change in the Landlord entity (including, but not limited to; property ownership, address for notices, -etc.) shall be delivered to Tenant anclTenant shall not be in default of this Lease if it continues to pay rent, nor shall it lose any of its rights, privileges (including, but not limited to; renewal options) as specified herein. SECTION TWENTY-THREE DEFAULT In the event Tenant fails to pay any Rent when.due in accordance With the terms of this Lease within ten 10 days after receipt of written demand.from Landlord or Tenant fails to perform any of the other terms or conditions of this Lease(non-monetary default) and it continues for thirty (30) days after Tenant's receipt of written notice thereof, Landlord shall declare the rights of Tenant under this Lease terminated, and thereafter, recover possession of said Premises through legal process. Landlord acknowledges an affirmative duty to mitigate Tenant's damages and shall in no event seek to accelerate rent. Notwithstanding any provision in this Lease.to the contrary; Landlord and Tenant agree that Tenant's aggregate liability in.the.event of default shall not exceed the lesser of three (3) months'minimum monthly rent or rent due for the remainder of the Lease. Furthermore, Landlord acknowledges an affirmative duty to mitigate damages and shall in no event accelerate rent. Landlord and Tenant agree that this limitation of liability shall apply to, but not be limited to, all back and future rent, triple net charges (if appl'ica.ble), late fees, attorney fees and court costs. Tenant may, at Tenant's option, terminate this Lease at any time after the first five (5) years of the initial term. In the event Tenant chooses to exercise this option, Tenant shall be required to pay to Landlord a surn of money equal to three (3) months base rent or base rent for the remainder of the term, whichever is less. If Tenant elects to exercise this option, it shall give Landlord at least ninety.(90) days written notice thereof, which notice shall. designate the date of termination and the term hereof shall expire on such date. Tenant shall make the payment required by this section within thirty(30) days after such termination. j, �V CLf� . SECTION TWENTY-FOUR TENANT'S REMEDIES OWDEIFAULT In the event of any default by Landlord in the performance of any promise or obligation to be kept or performed hereunder and the continuance of such default for a period of thirty (30) days after certifiable receipt by Landlord of a written notice from Tenant specifying the default, Tenant, at its election, can declare this Lease terminated and void and vacate the Premises within an additional period of thirty (30) days, paying rent and all fees, taxes, municipal charges, utilities and all of Tenant's other financial obligations then due to the date of said vacating. SECTION TWENTY-FIVE LICENSES/ALTERATIONS This Lease and Tenant's obligation to pay rent including any first month's rent or security deposit if any, are.contingent upon Tenant's ability to procure the necessary approvals, permits, and, licenses, from appropriate governmental authorities to use the_ Premises as a SUBWAY® sandwich shop. Subject to the above terms and conditions, any deposit or first month's.rent that has been paid on behalf of Tenant prior to receipt of said permits and approvals shall be returned.to Tenant Within thirty (30) days of notice by Tenant to Landlord that the Building fails to meet Tenant's.. requirement of suitability for its intended use as a restaurant. Further, upon receiving permits, approvals and licenses Tenant shall have the right and privilege of remodeling or altering the interior of the Premises, in accordance with the standard SUBWAY® decor, including installation : of additional partitions provided Tenant complies with all applicable codes, ordinances and laws in; effect at the time of remodeling. No alterations or improvements affecting the structural portion of the Building shall be made by Tenant without written consent of Landlord. SECTION TWENTY-SIX TAXES AND ASSESSMENTS Landlord agrees to pay all general real estate taxes and special assessments assessed to the Premises and the Building, during the term of this Lease, or any lease extension, subject to reimbursement per Section Four of this lease. Such taxes shall be paid before they are delinquent and become charged against the Premises therein. Tenant's share of real estate taxes and assessments, shall not include any interest or penalties which arise from Landlord's failure to pay the taxes or assessment in a timely manner. In no event shall Tenant be liable for additional rent attributable to any tax related to income, transfer, sale, excise taxes or inheritance tax imposed upon the Landlord arising out of Landlord's ownership and/or sale of the property. Should the Landlord choose to contest the imposition of any tax or assessment, the cost of maintaining any such action shall be borne solely by the Landlord, and shall not be reflected in any later charge.to the Tenant. Should the Tenant be named as a party in any lawsuit involving tax or assessments, the Landlord shall indemnify the Tenant for any and all costs, including, but not limited to legal fees, which may be incurred in the defense of, or arising out of any such action. r: l f } h/V SECTION TWENTY-SEVEN LANDLORD TO HAVE ACCESS Landlord hereby expressly reserves the right to enter the Premises and/or any part thereof; at anytime, in the event of emergency. Furthermore, Landlord may enter the Premises after five (5) days written notice to make inspection and repairs, to exhibit the Premises to, purchasers, or prospective tenants (starting thirty (30) days-before the expiration of the current term or extension period) and to perform-any acts related to safety, protection, preservation, or improvement of the Premises. Tenant shall provide Landlord with a working key and/or security code access at all times during the entire term of the Lease. Tenant shall have the right to peacefully hold and enjoy the Premises without unreasonable hindrance or interruption by Landlord or any persons claiming by, through or under it until the end of such term or any extension of renewal thereof. SECTION TWENTY-EIGHT RENEWAL TERMS Tenant has the option of extending this Lease for two (2) consecutive periods)of five (5) years per period for a total of ten (10) additional years beyond the original lease term. Such options shall be automatically renewed unless Tenant has provided Landlord with written notice of its intention not to renew this Lease at least ninety (90) days prior to the expiration of the then current term. The terms and conditions for each renewal period shall be the same as those contained herein, except for the Base: Rent which shall be increased annually at a rate of three (3%) percent SECTION TWENTY-NINE LIMITATION OF LIABILITY OF PERSONS AND ENTITIES AFFILIATED WITH TENANT LANDLORD RECOGNIZES AND ACKNOWLEDGES THAT TENANT IS A DELAWARE LIMITED LIABILITY COMPANY AND THAT TENANT'S ASSETS CONSIST ALMOST EXCLUSIVELY OF LEASES, SUBLEASES, AND OPTIONS TO PURCHASE LEASED PREMISES. LANDLORD ALSO RECOGNIZES AND ACKNOWLEDGES THAT TENANT WAS ORGANIZED PRINCIPALLY FOR. THE PURPOSE OF NEGOTIATING. AND DRAFTING LEASES WITH A VIEW TOWARDS SUBLETTING THE LEASED PREMISES TO FRANCHISEES/LICENSEES OF DOCTOR'S ASSOCIATES INC. ("DAI"): LANDLORD RECOGNIZES AND ACKNOWLEDGES_ THAT IT HAS BEEN ADVISED THAT DAI IS A FLORIDA CORPORATION THAT OWNS ALL RIGHTS TO AWARD. FRANCHISES FOR SUBWAY® SANDWICH SHOPS AND THAT LANDLORD HAS ALSO BEEN ADVISED THAT TENANT HAS NO RIGHTS WHATSOEVER IO AWARD FRANCHISES FOR SUBWAY® SANDWICH SHOPS OR COLLECT ANY FRANCHISE-RELATED ROYALTIES FROM ANY PROSPECTIVE SUBLESSEE OF THE PREMISES. LANDLORD RECOGNIZES AND ACKNOWLEDGES THAT IT HAS BEEN GIVEN AN OPPORTUNITY, WHETHER BY ITSELF OR WITH THE ASSISTANCE OF ITS PROFESSIONAL ADVISORS, TO MAKE INQUIRY OF TENANTS FINANCIAL STATUS AND TO EVALUATE SAID STATUS TO ITS SATISFACTION. LANDLORD HAS EITHER MADE SUCH INQUIRY AND IS SATISFIED WITH THE RESPONSE TO SUCH. INQUIRY OR HAS AFFIRMATIVELY AND VOLUNTARILY DETERMINED. NOT TO DO SO.. LANDLORD FURTHER RECOGNIZES AND ACKNOWLEDGES THAT NO PERSON OR ENTITY OTHER THAN TENANT HAS MADE ANY REPRESENTATIONS OF ANY KIND WITH REGARD TO THE ABILITY OF TENANT TO PERFORM TENANTS OBLIGATIONS HEREUNDER. LANDLORD 'ALSO RECOGNIZES AND ACKNOWLEDGES THAT TENANT INTENDS TO SUBLEASE THE PREMISES TO 'A PER50N(S) WHO HAS OR WILL BE AWARDED A FRANCHISE/LICENSE FOR A SUBWAY@ SANDWICH SHOP. FROM DAL; UNDER WHICH SUBLEASE THE SUBLESSEE WILL PAY RENT DIRECTLY T0. LANDLORD SO THAT THE RENTAL PAYMENT FROM SUCH SUBLESSEE WILL NORMALLY. NOT BE RECEIVED OR HELD BY TENANT. ALTHOUGH THE SUBLESSEE MAY OPEN A BUSINESS OPERATION DOING BUSINESS AS A SUBWAY® SANDWICH SHOP AND MAY HAVE FRANCHISE AND OTHER BUSINESS RELATIONSHIPS WITH CORPORATIONS RELATED TO OR ASSOCIATED BY THE GENERAL PUBLIC WITH "SUBWAY," AS IT IS COMMONLY KNOWN, LANDLORD RECOGNIZES AND ACKNOWLEDGES THAT THE SOLE AND EXCLUSIVE PERSON OR ENTITY AGAINST WHICH IT MAY SEEK DAMAGES OR ANY REMEDIES UNDER THIS OR ANY OTHER DOCUMENT IN WHICH THE LANDLORD AND TENANT OR LANDLORD AND SUBLESSEE ARE PARTIES, WHETHER FOR UNPAID RENT AND ASSOCIATED DAMAGES, CLAIMS OF UNJUST ENRICHMENT, CLAIMS OF UNFAIR-TRADE PRACTICES, OR ANY OTHER THEORY OF RECOVERY OF ANY KIND OR NATURE, IS TENANT OR SUBLESSEE. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THERE WILL NOT BE ANY LIABILITY WHATSOEVER AGAINST (A) DAI, ITS SHAREHOLDERS, DIRECTORS, OFFICERS; EMPLOYEES AND/OR AGENTS, AND/OR (B) ANY PERSONS AND ENTITIES WHO ARE THE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND/OR AGENTS OF THE TENANT. SUCH EXCULPATION OF LIABILITY SHALL BE ABSOLUTE AND WITHOUT ANY EXCEPTION WHATSOEVER. SECTION THIRTY ENTIRE AGREEMENT Landlord represents that there are no oral agreements affecting this Lease, exhibits and riders, if any, attached hereto- and forming a part hereof, supersede and cancel any and all previous negotiations, arrangements, letters of intent, executed lease(s), lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties as stated by, including but not limited to, Tenant's agent($), employee(s), SUBWAY® franchisee(s), and/or SUBWAY® development agents)of Doctor's Associates Inc. No alteration, amendment, change or addition to this Lease shall be binding upon either party unless reduced to writing and signed by each party. SECTION THIRTY-ONE BROKERS Each party shall be responsible to pay for its own brokerage fees if any brokerage fee shall be due. The parties have disclosed the names of all brokers, finders, and agents who may be entitled to receive a fee in connection with this lease to each other. Landlord's broker: None. Tenant's broker: None. SECTION THIRTY-TWO COMPETITION Landlord agrees not to sell, lease, let, use or permit to be used, any property owned or controlled by it within quarter of a (1/4) mile of the Premises now or at any time during the initial term of this Lease or any renewal thereof to any entity which sells or serves freshly made to order or pre-packaged sandwiches. Further, current tenants shall be prohibited from adding items to their menus which conflict with this exclusive right. U Landlord and Tenant warrant that each shall not'be in violation of any other exclusive rights when this Lease commences. Further, Landlord and Tenant shall indemnify, defend and hold the other harmless from any third party claim or suit regarding any other exclusive right granted by Landlord or Tenant. SECTION THIRTY-THREE RECORDING The parties:expressly agree not to record this Lease or any notice pertaining or referring to this Lease. The recording of this Lease with any governmental agency including; but not limited to, the Barnstable County Registry of Deeds or Registry District of the Land Court, shall be a condition of default by the party so recording which cannot be cured. SECTION THIRTY-FOUR WAIVER No waiver by either of the parties. hereto of any provision or breach thereof; shall be deemed.a waiver of any other provision or of any subsequent breach by Tenant or Landlord of the same or any other provisions. Landlord's or Tenant's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Landlord's or Tenant's consent to or approval of any subsequent act. No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible; be cumulative with all other remedies at law or in equity. If at any time under the provisions of this lease the consent of Landlord is required, it shall not be unreasonably withheld. SECTION THIRTY-FIVE LAW , This Lease and the performance hereunder shall be governed by the laws of the state in which the Premises are located without reference to its conflict of laws provisions. SECTION THIRTY-SIX HEADINGS The paragraph headings are for quick reference and convenience only and do not alter, amend, or otherwise affect the terms, conditions, and agreements set out herein. SECTION THIRTY-SEVEN LITIGATION In the event of litigation between Landlord and. Tenant relative to rights, obligations and duties of either party under this Lease{ the non- prevailing party shall pay the prevailing parry's attorneys' fees and costs. Further, both parties hereby waive any claim(S) against the other and any related parties for consequential, exemplary, an punitive damages. Both parties hereby waive their rights to a trial by jury. J SECTION THIRTY-EIGHT SEVERABILITY Should any provision of this Lease be or become invalid, void, illegal or not enforceable, it shall be considered separate and severable from this Lease and the remaining provisions shall remain in force and be binding upon the parties hereto as though such provision had not been included. SECTION THIRTY-NINE FORCE MAJEURE If either party fails to perform any of its obligations under this Lease as a result of Force Majeure, such party shall not be liable for loss or damage for the failure and the other party shall not be released,from any of its obligations under this Lease. If either party is delayed or prevented from performing any of its obligations as a result of Force Majeure, the period of delay or prevention shall be added to the time herein provided for the performance of any such obligation. "Force Majeure" shall mean any period of delay which arises from or through acts of God; strikes, lockouts, or labor difficulty; explosion, sabotage, accident, riot, or civil commotion; act of war; fire or other casualty; legal requirements; delays caused. by the other party; and causes beyond the reasonable control of a party. SECTION FORTY LEASE EXECUTION In the event either parry does not execute this Lease within thirty (30), days of execution by the other, the Lease may be declared null and void. Within three (3) business days, Landlord shall return any and all monies paid and all counterparts of this Lease executed by Tenant in such event., SECTION.FORTY-ONE CANCELLATION Intentionally Deleted SECTION FORTY-TWO RIGHT OF FIRST REFUSAL TO PURCHASE If the Landlord receives an offer to purchase the Building during the term of this Lease, and the offer to purchase shall be satisfactory to Landlord, Tenant shall have the opportunity to purchase the property at the same price and on the same terms of said offer. Landlord shall give Tenant written notice via certified or registered mail requiring Tenant to accept the offer in writing within fifteen (15) days and to purchase the Premises within forty-five (45) days after receipt of the notice by Tenant.- Tenant's failure to accept the offer to purchase within fifteen (15) days shall nullify and void the Tenant's option and Landlord shall be at liberty to sell the Premises to any other person or entity on the terms contained in the notice to Tenant of the offer to purchase. Any subsequent sale, except to Tenant, shall be subject to this Lease and any renewals or extensions hereof. Any future offers to purchase the Building received by and satisfactory to Landlord are subject to the same Right of First Refusal to Purchase in this Section of Lease. C K_ SECTION FORTY-THREE CONSTRUCTION Should any provision of this Lease require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party who itself or through its agents prepared the same, it being agreed that Landlord, Tenant and their respective agents have participated in the preparation hereof. SECTION FORTY-FOUR ATTORNMENT In the event Landlord sells, conveys or otherwise transfers its interest in the Building or any portion thereof containing the Premises, whether said transfer is voluntary or otherwise, or through bankruptcy or foreclosure this Lease shall remain in full force and effect. Tenant hereby attoms. to and covenants and agrees, within fifteen (15) days of Tenant's receipt of a written request, to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest and recognizes such successor as the Landlord under this Lease. The new owner agrees, within fifteen (15) days written request, to confirm in writing, the continued validity of this Lease. SECTION FORTY-FIVE ESTOPPEL CERTIFICATES Landlord, within fifteen (15) days of Tenant's request, shall deliver to Tenant an executed, written, Estoppel Certificate (attached) identifying Tenant and this Lease ,and certifying and . confirming, in addition to any information or confirmation Tenant may reasonably require, the following: A. That this Lease is either unmodified since its execution and in full force and effect, or modified since its execution but still in full force and effect as modified; 'B. That Tenant is not in default of any of its obligations under this Lease; C. The Lease Term, Rent Commencement Date, Fpiration Date, Current Rent, Renewal Periods remaining as to the Leased Premises for which the Estoppel Certificate applies. In the event Landlord shall fail to return such statement within fifteen (15) days of Tenant's request, Tenant shall presume that there are no defaults, monetary or non-monetary, under the lease and Landlord shall be estopped from rebutting such presumption.. Tenant may rely on. such Certificate-as true and correct The information contained within the Estoppel Certificate shall be binding upon the Landlord, its assignees and successors in interest. SECTION FORTY-SIX WHEN LEASE BECOMES BINDING The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the premises, and this document shall become effective and binding only upon the execution and delivery hereof by both Landlord.and Tenant. SECTION FORTY-SEVEN TIMELINESS OF CHARGES Landlord agrees .to notify Tenant in writing within a reasonable period of time in accordance with this lease of any back charges due under this agreement or of any changes in the base rent, percentage rent or additional rent as and when they become due. All parties agree and acknowledge that time is of the essence with respect to these matters. SECTION FORTY-EIGHT COUNTERPARTS AND ELECTRONIC EXECUTION This lease may be executed in counterparts, each of which shall be an original and all of which counterparts taken together shall constitute one and the same agreement. Execution of this Lease by electronic means shall be valid and given equal force and effect as ink signatures. Further; the parties- acknowledge that this lease consists of 48 sections, and exhibit A-C. IN WITNESS WHEREOF, the parties have executed and delivered this Lease as of the date first above written. LANDLORD: KAM LING KUET ' Signature OM C Name(please print): ikA&,.Lis✓t!i Kv e� Title (please print - ZAA1>10 ac, _ TENANT: BW Y R L ESTATE, LLC. Signature: Name (pleas grin .:Ernest A Oliver, Jr., Title (please pnnt):Manager EXHIBIT A Proof of Ownership y n LoopNet-#1 in Commercial Real Estate Unime � 14 W {fain Street, Hyannis, -MA Summary Sale & Lease Info • Property Comps(1) • Historical For Safe(1) • Historical For Lease(1) Property Details Primary Property Type:Retaii Property Sub-type: Free Standing Bldg Building Size: 1,582 5F Owner & Mortgage Info Current Owner: Kam Ling Kuet Tenant Info CurrentTenants:Acai Berry Juice Bar Tax I nf® • $322,600 Assessed Value,$3,571 Taxes EXHIBIT B ESTOPPEL CERTIFICATE The undersigned represents that he is the Landlord,or the legal representative of the landlord,of the premises located at The undersigned further represents that the following is a true and accurate statement of rent due,related charges,security deposit and last month rent held by the landlord for the above-mentioned premises. The fixed or minimum monthly rental presently payable under the terms of the Lease is$ per month and has been paid through All rent,escalation rent,charges for taxes,maintenance and common areas,cost of living increases payable under the terms of the Lease has been paid through and the Lessee is not presently in default of any of the.terms or conditions of the Lease. All other additional rent,if any,payable under the terms of the Lease has been paid through , 20 As of this date, ,Lease arrears are as follows: Type Amount Due.. As Of Rent Taxes thru Common.Area Assessments Insurance Advertising Other TOTAL The amount of the security deposit under the Lease is$ Other then as stated above,there are no monies owed under the Lease for the premises.between . and dated nor are there any defaults of the Lease by the tenant as of such date. The expiration date of the term of said Lease is The Master Lease provides for renewal terms. In the event the Master Lease provides for renewal options,notification of renewal or non-renewal must be sent to the Landlord no later than: (Dates of Notification) The Master Lease has been modified, supplemented,or amended time(s). (Copies of the documents must be attached hereto) The following applies to the aforementioned Master Lease(check one): The undersigned is the owner, or agent of the owner of the premises,and no other Master Lease exists,or; . i . Another Master Lease/Ground Lease for the premises exists between the undersigned and dated ,a copy of which is attached. The undersigned Landlord/representative of the Landlord hereby acknowledges that the Master Lease and any Amendments to it remain unchanged and in full force and effect. The Landlord understands that pursuant to the terms of the Master Lease that all changes must be agreed to by the parties to that document in writing. LANDLORD: (Please Print) ADDRESS: PHONE:' CITY: STATE: ZIP: LANDLORD'S SIGNATURE: DATE: r i NOTARIZATION FOR AN INDIVIDUAL STATE OF - ) )ss: COUNTY OF ) On this day of ,20 before me appeared to me known to be the person described in and who executed the foregoing instrument,and acknowledged that he executed the same as his free act and deed. Notary Public My Commission Expires: NOTARIZATION FOR A CORPORATION . STATE OF ) )ss: COUNTY OF ) On this day bf ,20 before me personally,came to me known,who,by me duly sworn,did depose and say that deponent resides at that deponent is the of,the corporation described in, and which executed the foregoing Agreement,that deponent knows the seal of the corporation,that the seal affixed to the agreement is the corporate seal,that it was affixed by order of the Board of Directors of the corporation; and the deponent signed deponents name by like order. Notary Publie My Commission Expires: NOTARIZATION FOR A PARTNERSHIP STATE OF ) )ss: COUNTY OF ) On this day of ,20 before me,the undersigned,a Notary Public in and for said County and State,personally appeared known to me to be the person who executed the within instrument as a Partner of partnership,and acknowledged to me that the partnership executed the same. Notary Public My Commission Expires: • EXHIBIT C LETTER OF POSSESSION Re: Delivery of Possession,Subway®restaurant located at Dear Tenant: In accordance with the Lease Agreement between the parties dated 200 Landlord warrants by signature below that all of it's construction obligations under the lease are complete and the premises is hereby delivered to Tenant on' 200 . Execution of this Letter of Possession by Tenant shall signify the delivery of, possession and acceptance of same by Tenant and satisfy the obligations of section of the lease. Sincerely, Landlord date I,the undersigned,hereby accept the delivery of the Premises from Landlord to Tenant. Subway Real Estate,LLC date V TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 290 094 GEOBASE ID 19655 ADDRESS 3.4 WEST MAIN STREET PHONE (508)775-1442 Hyannis ZIP - LOT BLOCK LOOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT . 13643 DESCRIPTION HYANNIS DAIR FARMS, INC. (15 SQ.FT, ) PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $25.00 SINE ti CO STRUCTION COSTS $.00? 753 MISC. NOT CODED ELSEWHERE * BARN3I'ABLE. *' MA8,3. OWNER SYLVIA, KATHLEEN F. & REGINA M. ibg9. A� ADDRESS C/O 619 MAIN STREET BUIL�iING DIVISION /� OSTERVILLE, MA BY / . ��z' , DATE ISSUED 03/08/1996 EXPIRATION DATE The Town of Barnstable pem o Department of Health, Safety and Environmental Services K. Building Division date`3 L�� ` 367 Main Street,Hyannis MA 02601 # fee ��Idv Application for Sign Permit Map No. 290 Applicant: Hyannis Dairy Farms, Inc. Assessor's no. Parcel 94 Doing Business As: Dairy Queen Telephone (508) 775-1442 Sign Location street/road: 14 West Main Street, Hyannis, MA Zoning District B Old King's Highway District? yes no x Property Owner Name: Kathleen F. & Regina M. Silvia Telephone (508) 775-1442 Address: c/o 619 Main Street, Centerville, MA 02632 Village Barnstable Sign Contractor Name: Silvia & Silvia Telephone 508 775-1442 Address: 619 Main Street, Centerville, MA 02632 Village Barnstable i Description ' Diagram of lot showing location of buildings and e.,dsting 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 x no (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 Section 4-3 of the Town of Barnstable Zoning Ordinances. Date Signature of Owner/Authorized Agent Size (sq. ft.) 3 X S I s Permit Fee 01�s--d?J Sign Permit was approved: '� disapproved: Date Signature of building Official v. "Zt� 7W olN2Q qL -4- Ft FOR MANSARD DETAIL ETAIL-4/A2 REFER. TO 0 5 NEYNI VAIDAIRYOR ARD ROOF —0" j.'SUPPI -INSTALLED BY �l-�'TWSTEM-MKIN'fW.6 Ow BY GENERAL CONTRACTOR 4 V4 A- -fz" -f` Z_ 3+- do op 7t. o7 ---------- EX15TIN67 PAINT EXIST14�. BRICK FINI15H VERTICAL SIDING \--NEA Y41NDOP45 \/EFZIFr —A I AT ON EFT "*.' LEV I 50ALE: 1/4". T-O" 1 TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 290 094 GEOBASE I'll 19655 � ADDRESS 14 WEST MAIN STREET PHONE Hyannis ZIP -- LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT' 9521 DESCRIPTION AUNT BETTE'S POND REALTY TRUST PERMIT TYPE BSIGN TITLE SIGN PERMIT Department of Health, Safety CONTRACTORS: and Environmental Services ARCHITECTS: TOTAL FEES: $75.00 �V* BOND $.00 , C014STRUCTION COSTS $.00 �► ,A • 1ARNSPABLF,. • , MASS. �A 039. 1® OWNER SUN, OIL CO ADDRESS, TEN PENN CENTER. (TAX DEPT) 1801 MARKET ST PH:ILADELPHIA PA B ILDI G DI'VISION DATE ISSUED 08/03/1995 EXPIRATION DATE ) Y ��sx.- �- /1�>,�, DIVISION APPROVALS FOR CERTIFICATE OF'OCCUPANCY TO BE SIGNED,BY EACH DIVISION HEAD UPON COMPLETION BUILDING: t r DATE: COMMENTS:ra PLUMBING'- DATE: COMMENTS- ELECTRICAL: DATE: COMMENTS: GAS: DATE: COMMENTS: CONSERVATION: DATE: i COMMENTS: w OKH: DATE: COMMENTS: HISTORIC: DATE:. COMMENTS: FIRE DEPT.: DATE: COMMENTS: OTHER: DATE: COMMENTS: TURN THIS IN TO THE BUILDING COMMISSIONER AFTER ALL SIGN-OFFS ARE COMPLETED.A CERTIFICATE OF OCCUPANCY WILL BE ISSUED ATTHATTIME. TOWN OF BARNSTABLE F SIGN,.PERMIT PARCEL, ID 290' Q94 GEOBASE ID 19655 ADDRESS 14 WEST MAIN STREET PHONE Hyannis ZIP LOT HLOCK LOT SIZE . . DBA DEVELOPMENT DISTRICT HY ° 1• PERMIT- 9521 DESCRIPTION AUNT BE'1'TE'S POND REALTY TRUS ' PERMIT TYPE BSIGN � TITLE SIGN PERMIT Department of�Health, Safety CONTRACTORS: and Environmental Services ARCRITECTS TOTAL EKES r 5.00 t BOND $,00 �{.. CONSTRUCTION CONS $.00 QA t iARNSTABLF, �.. MASS. i6,39. OWNER SUN, OIL CO E A ADDRESS :BEN PENN CENTER (TAX :CEP!") 1801 MARKET ST PHILADELPHIA PA x B` ILDI G DIVIS ON DATE ISSUED t�8/0;3�'1995 :X 'IRATION DATA 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 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. POST THIS CARD SO IT IS VISIBLE FROM 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 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. 508-790-6227 I ` BUILDING PERMIT �i't'-28-19'35 09:09AM FROM A.M. WILSON AGSOC. TO SILVIA P.03 PB�21 iTx NO- = 6Z 1P« « DATE TOWN OF BARNSTABLE BUILDING OEPARh EN 367 MIN STREET T HYANIQISr IAA 02601 aPr=,C=0w FOR s cm pgvxm AP .aCe r: Aunt Bette's Pond Realty Trust 290/94 & 95 M's No.s dQWl;1**i;&0A6rA Catherine McDowell, Trusteemm=zlo j(508) 775-1442 OXON LOCATIOR stseetw/Road: West Main Street at West-.Erid'Rotary, Hyannis ZCTi = OIS=CT: B OLD xnft,s 8.I6 wwt Yes no � Baste: Sun Company, Inc. Address: 1861 Market Street city: Philadelphia states P--A zip-. 19103 Tel.. No.: SIGN CONTRha!'Z'OR ' xame: C/a Silvia & Silvia Assoc. , Inc. Address: 619 Main Street city: Centerville state: MA - xio: 02632 seL. No.: (508) 775-1 442 OH. CF soT SS'GRIH6 ?.00Arrort 11F Hoa.a DF.SC'RIPTIaa SIZE OF Or NEW SICM TO 8E DRASili ON MEIDS Al4D E7CISTIIQO =Gus HIS 03 217RS, LOCaT=Off ]tea PEVERSE SIbl; OF THIS APPLICATI027. MIA the signs to be ejectrifieda e9 x y no (NOTE. If $es, a lriring permit Is requIxed. = hereby certify that I am the • omit cr =ec- = have the auttsbrlty at the ownelr to snake the provis i that the islet,,atiort is correct arcs that the use z=d c*ns txuc'tion ahal.1 confo= to the provisions of sectiaa 4-3 of the Town of Barnstable Zvuing ordinances. A. W"""on tt'S,IIiC. D e signature of r/Authcxj med Agent I 05-02-1995 02:44PM FROM 509-771-7626 TO 7906230 P.02 *M . DATE TOWN OF BARNSTABLE BUILDING DEPARtsM1dT . 267 M=14 STREET M MMTS, Ili 02601 Av'PLtCd�Qt4 3 S� PBB� . Aunt Bette's Fond Realty Trust 290/94 & .95 Asmgmz 30.4 a�vb �AW Catherixme McDowell, Trustie a(508) 775-144Z sty Wd$t Main Street at We$t73jd-Rotar7, Hgannis S0fam DTs1tii=: B a= $"p,2+s T Dwnmftm yes no PrApgxTT of Haze., Stun Company, Inc. Addaess: 1861 Market Street city: Philadalpbia auto: PA xiP• 19103 Ve1. fro _ Ifams C/o 5llvia & Silvia Assoc. , Inc. Address: 619 Main Street . city: Cam nterville sure: Mil yip-. 02632 Tel. NO.: (508) 775-1442 ' E�ES62o�T Lt:v4CBAbt �F T.vT ffiaCWl9SO LOCAY'YOffi OP BiT==W AM E=S=WSxG2P5 U O=, ZoCi1Z' CN A= 8222 Oir MW IMw slag To 8s DRWW OR ME V==SE SIT= OF TES APMXCATICli. Zs the sites to be electri.fieda yea X no NOTE: if yes, a WiriAg pe=:Lt $s requixed-) .S hereby certify that T am the *Wzwr or that T have the aath=jty of the earner to make appliC& i vm, abet Vw iafoc-..axial is c"I'm ee W.Aral tsat the l e =d c"s%raction dth4ll Conte= to the V=visioas at seatiea 4-3 of %he Taws ep� itassaatabla Zvtat� Ordimatt�es. A, Q 1"'D D e Ate$,lnc" Sianatnre of izxaed Ageat I tor Office use - - - - � _ _ .. - � - - - - - - - r Six* (Sq. FC.D �r, � Pe-sit Fee tipped 4,� Dtsa ved Tsce U N 1-0 �D Al A ID I J r I cy' i .- � s - I 3 i �i :�••� iWSI 1} _ g dk j r �a • •�• :E; •is � �� I .,:a � �l,l t �� �� Y/IIIJ7►r1�. � _ _ .,t)s�lJt�rs��rlNrl./ I,� Ilf .V�7iJJi 1I,I1IiA�7 ,� , -�- . ' y>1 ,hr .,.� � ��w t v il.,ia,. t! 'r�ilsfsrrl,I{�� ff� 1,����1`��� /l,r ►!f1 .3� �YI�X/11.'1 � 4��/ T�" ..�y; � / � � �� S { '. 1 i�ir,s„sI Ps��'�„'�r.rtlri��Is'R��.►�.�� .arlyi!!)! In won III Il l' AV el - r - I T'. 7: tkarl 1 ,.. woe--`wo fww till am so to r� Ri .0 f 271-10, r� ri 0 Q71 ''xx Q ew�9E -A] �� '_Jl OD i N i J1 nj # 1j cHkw LET 1i f . �{11 i1 1E AcaVUG FACE$ ow �1tQi+1�QIRI6��IF11Al.Pi CAPtiY1N FUJQ4 ii�l lt ILLUMINATED 1 D.UTON&Ly . AY GAN LETIER SITES VOLT UARE FOOTAGE ETC . N CQWLrthE&F11pAy LWO s0.FTA. 9 LOU . .. �...- �..� s i o t 1El 11 .30 2'3$x 3'7* L9M 4.67 11d. IFT 19" LETTERS 111"V 12 u $4o-tSTT >i... .. .�a+...fie_ E2' 120 t 22 ?dla.#a 3�OMx $'I Lt4t10 lg.� 13�. F"T - - !20 t 4 a - . .31 :40 3 ' -1 • f' L-EtAia-l�.I .W -�T.- r ��+ +E" Lo it. SQ. FIT, 36, LvrTEiA a a''?'10• �•� 120 E 33 A,i". 42.90 I TOWN OF BARNSTABLE r CERTIFICATE OF OCCUPANCY PARCEL ID 290 094 GEOBASE ID 19655 ADDRESS 14 WEST MAIN STREET PHONE Hyannis ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 9668 DESCRIPTION FOOD ESTABLISHMENT PERMIT TYPE BCOO TITLE CERTIFICATE OF ocMp'SBtment of Health,Safety CONTRACTORS: and Environmental Services ARCHITECTS: TOTAL FEES: .BOND $.00 - Qi► CONSTRUCTION COSTS $.00 a , * BARNSTABLE. ; MASS. 1 1639. OWNER SUN, OIL COEp ADDRESS TEN PENN CANTER (TAX DEPT) 1801 MARKET ST PHILADELPHIA PA " -- --� BUILDING- D V S,IO• � DATE ISSUED 08/il/1995 EXPIRATION DATE BY, f / DIVISION APPROVALS FOR { CERTIFICATE OF OCCUPANCY TO BE SIGNED BY EACH DIVISION HEAD UPON COMPLETION I BUILDING: 'r t DATE: i COMMENTS: PLUMBING:, DATE: COMMENTS: ` 4 Vrt ELECTRICAL: DATE: COMMENTS: GAS: DATE: COMMENTS: _ l CONSERVATION: DATE: COMMENTS: OKH: DATE: COMMENTS: HISTORIC: DATE: COMMENTS: FIRE DEPT.: DATE: COMMENTS: OTHER: DATE: COMMENTS: TURN THIS IN TO THE BUILDING COMMISSIONER AFTER ALL SIGN-OFFS ARE COMPLETED.A CERTIFICATE OF OCCUPANCY WILL BE ISSUED ATTHATTIME.R TOWN OF BARNSTABLE ' CERTIFICATE OF OCCUPANCY.' PARCEL ID 290'-094` GEOBASE ID 19655 'ADDRESS 14 AST MAIN STREET PHONE Hyannia Zip LOT. BLOCK LOT SITE DBE. DEVELOPMENT �.� DISTRICT HY. RERMIT 9668 DESCRIPTION FOOD ESTABLISHMENTr PERMI".I. TYPE BCOO TITLE CERTIFICATE OF OC101YURthent of Health, Safety CONTRACTORS: . and Environmental Services ARCHITECTS: TOTAL .FEES: BOND $..00 CONS`CRUCTION COSTS $,00 • BARNSTABLE, t MASS. 039. OWNER SUN, OIL CO ADDRESS TEN PENN .CENTER (TAX DEPT) 1801.. MARKET ST PHILA,bELPH1:A PA A.... .._..-t. ' BUILD r v SIO N DATE ISSUED 08/11/1995 EXPIRATION 'DATE BY z 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.000U- 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. VISIBLEPOSTTHIS CARD SO IT IS 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 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. 508-790-6227 II � C r � v - z � � � 'n ,>.i . i�j,:,m. ;'n'`•• T.'!s' 1, p°u!r9 �_p� _,i+:FT �.'''. frtV, ''TOWN OF BARNSTABLE, MASSACHUSETTS PE IT A= 90-094=6ft - DATE PMatch10 �" 19 9� PERMIT NO. �.0 36527 Silvia & Silvia AJJOI.. Ma-intreetI Centervlile 31 APPLICANT ADDRESS (NO.) (STREET) (CONTR'S LICENSE) '. PERMIT TO RE.iTtOCiE:l NUMBER OF (_) STORY Commercial Bldg. DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION), 14 vilest: Mc`tin St-reet:/ Hyannis ZONING DISTRICT— (NO.) (STREET) BETWEEN AND ' (CROSS STREET) (CROSS STREET) SUBDIVISION LOT LOT 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) REMARKS: Sewage IT 9 4-8 1 AREA OR VOLUME No llra-a Change ESTIMATED COST 30, 000. 00 FEEMIT y `— ICUBIC/SQUARE FEET) ri%�7�• .n tr OWNER Regina IMurphy Silvia _Y ADDRESS � 7 ;lain StrL er, 1.umtervll a BUILDING DEPT. , +'/. BY �' i .' L �.ram_ ,\._..FRL71N"7"flFIIEP7tR"T caaDrTTaas OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL 'APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR PERMITS ARE REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINAL INSPECTION TI TO LATH). FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS /' _i�-��•'/� l��� �� ''�' � `'," .SNirp'/</VG Q,f Chi// (�41 / - 4fwps2 -o•.0f- l { 2 2 Ild 3 H TING INSPECTION APPROVALS EN E ING TMEN 1 2 BOARD OF HEALTH -95 � OTHER SIT PLAN REVIEW APPROVAL fill gs �� ,..Wire" Ins ector ---�- • APPROVED WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT W!L L BECOME NULL SN O V ^"' Tp " "s• ` TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITH'v SIX, TOWN AC�F BARNSTABLE,•^) " AN BE CONSTRUCTION. PERMIT iS ISSUED AS NOTED aBff,�"' i, :}. `"f m T ITT WORK ,Gw./TCiI� The Town ®f Barnstable ' � Department of Health , Safety and Environmental Services ram" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 26, 1994 Mr. Christopher P. Jolly,P.E. A.M. Wilson Associates,Inc. 911 Main Street Osterville,MA 02655 Re: Aunt Bette's Pond Realty Trust,Remodeling Permit Your file 2.0662.2 Dear Mr. Jolly: In response to your letter,dated September 23, 1994,please be ad-,rised that Building Permit#36527 was reinstated and a six month extension was granted September 23, 1994. If you have any further questions,please do not hesitate to contact me. Sincer y, Ralph M. Crossen Building Commissioner RMC/km The Town of Barnstable NAM• snntvgceaz.E, • �� T epa ment of Health Safety and Environmental Services Fc 9. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 8, 1995 Michael B. Stusse, Esquire Ardito, Sweeney, Stusse and Dupuy, P.C. Mattacheese Professional Building 25 Mid-Tech Drive, Suite C West Yarmouth, MA 02673 Re: Aunt Bette's Pond Realty Trust Dear Attorney Stusse: I have received your letter of June 6, 1995 and I disagree with you. The 14West=Main Stree project was reviewed by Site Plan Review and as the structure was not expanding and the use was not found to be intensifying, it was not referred to the Zoning Board of Appeals. It is my decision that the use is not a change of use (considering the"Powers Test")that requires Zoning Board of Appeals review. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. Sincerely, oph�M. Crossen Building Commissioner RMC/km i r Mr. Crossen Page Two June 6, 1995 The above-quoted section appears to be consistent with Section 4- 4 .2 of the Barnstable Zoning Bylaw which requires a special permit for alterations to a nonconforming structure. The question arises as to what constitutes an alteration for purposes of triggering the need for permit review. In the case of Nichols v. Board of Appeals of Cambridge 26 Mass App. Ct. 631 ( 1988) the Court found that zoning relief would be required for installation of utilities, new interior walls, new roof and windows and ceilings where the 'use was changing from one conforming use to another conforming use. For the foregoing reasons I urge you to rescind the building permit issued to Aunt Bette's Pond Realty Trust and direct the owner to the Board of Appeals pursuant to Chapter 40A, Section 6 and Section 4-4 .2 of the bylaw. Respectfully, Michael B. Stusse MBS:mas C:\WP51\M5S\CROSSEN.LTR CITE: 26 Mass. App. Ct. 631 WEBB NICHOLS & another (FN1) vs. BOARD OF ZONING APP CITE: 26 Mass. App. Ct. 631 WEBB NICHOLS & another (FN1) vs. BOARD OF ZONING APPEAL OF CAMBRIDGE. DATES, JUSTICES: No. 87-1442 . Middlesex. October 14, 1988. -- December 6, 1988. Present: DREBEN, KAPLAN, & KASS, JJ. HEADINGS: Zoning, Nonconforming use or structure, Special permit. Cambridge. Under the provisions of the Cambridge zoning ordinance a special permit was required when alterations were made to a`• nonconforming building to accommodate a change from one permitted accessory use to another permitted use. [633-634] Renovations to a certain garage in Cambridge, a preexisting nonconforming structure under the zoning ordinance, made to implement a change of use to an architect's home office, were "alterations" as matter of law within the meaning of that term as used in the zoning ordinance. [634] SOURCE: , CIVIL ACTION commenced in the Superior Court Department on October 1, 1985. The case was heard by William Highgas, Jr. , J. , sitting under statutory authority. Birge Albright for the defendant. Edward Woll, Jr., for the plaintiffs. TEXT: DREBEN, J. The questions raised by this appeal are: ( 1) whether, under the Cambridge zoning ordinance, a special permit is required when alterations are made to a nonconforming building to accommodate a change from one permitted accessory use to another permitted use; and (2 ) whether the renovations, made in this case to implement the change from a garage to an architect's home office, were as matter of law alterations within the meaning of the ordinance. We are constrained by the terms of the ordinance to answer "yes" to both questions. We take the facts from the findings of the trial judge. Relying on a building permit issued by the city's then zoning compliance ---------------------------------------------------------------------=------ (FN1) Jane P. Nichols. 632 officer, the plaintiffs, Webb and Jane P. Nichols, renovated their garage so that Webb could use it as a home architect's office, a permitted , accessory use in the district. The garage did not meet the sideline requirements of the ordinance but was a preexisting nonconforming structure. The improvements made by the Nicholses, listed in the margin, (FN2) did not change the "footprint" of the garage. More than a year after the garage had been converted into a home office, another zoning inspector notified the plaintiffs- that the renovations .violated the zoning ordinance and required a special permit. (FN3) The plaintiffs appealed the inspector's ruling to the board of zoning appeal (board) and, after that body upheld the second zoning inspector's determination, to- the Superior Court. After hearing, a judge sitting by designation ruled that a special permit was not required. We turn to the governing statute and ordinance, the pertinent parts of which ,are set forth in the margin. (FN4 ) General Laws, ---------------------------------------------------------------------------- (.FN2) The following work was performed: installation of utilities (water, r gas, and electric) ; installation of lighting fixtures, electric outlets, a gas space heater, two telephones, a ceiling fan, and carpeting on the floor; installation and insulation of a new interior wall over the cement wall; dropping the ceiling; placing wooden panels over the garage doors; reshingling the roof; enlargement of one window to three times its original size; and installation of storm windows. (FN3) The original notification stated that a variance was also needed. The board conceded in its reply brief in this court that a variance is not required. (FN4 ) General Laws, c. 40A, Section 6, as appearing in St. 1975, c. 808, Section 3, provides in relevant part that zoning ordinances shall not apply "to structures or uses lawfully in existence . . . but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of . . . public hearing [on such ordinance] , to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner . " (emphasis supplied) . Article 8.000 of the zoning ordinance is entitled Nonconformity. Section 8. 11 reads as follows: "This ordinance shall not apply to existing buildings or structures, nor to the existing use of any building or structure or of land, . . . but it shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substantially greater extent" (emphasis supplied) . Section 8.22 provides for special permits and subparagraph (c) provides in relevant part: "In a Residence district the Board of Zoning Appeal may grant a special permit for the alteration or enlargement of a nonconforming structure (but not the alteration or enlargement of a nonconforming use) 633 c. 40A, Section 6, "prescribes the minimum of tolerance that must be accorded to nonconforming uses, existing buildings and structures, and the existing use of any building or structure . . (citations omitted) . Inspector of Bldgs. of Burlington v. Murphy, 320 Mass. 207, 209 ( 1946) . Briefly stated, the ordinance provides that it applies to the three situations of nonconformity permitted by the statute; ( 1) a change of use; (2) an alteration of a nonconforming building amounting to a "reconstruction, extension or structural change" ; and (3) "any alteration of a [nonconforming] building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration. " The plaintiffs would have us construe the ordinance as only requiring a special permit when there is an alteration to a building to accommodate a change from a nonconforming use to another nonconforming use. Neither the statute nor the ordinance is so limited. As indicated above, the ordinance applies in three nonconforming situations. The first is when there is any change in a nonconforming use. Section 8.21, set forth in the margin,. (FN5) makes clear that a change to a permitted use may be effected without seeking a special permit. A fortiori, if no alterations are made, a change from a permitted use to another permitted use need not be presented to the board of zoning appeal. The change in use referred to in Section 8. 11 applies only when the use, although changed, is still nonconforming. When, however, a nonconforming structure is altered to provide for a use different from the use prior to alteration ---------------------------------------------------------------------------- (FN5) "8.21 Any nonconforming structure or use which existed at the time of the first notice of public hearing by the Planning Board of the applicable provisions of this or any prior ordinance or any amendment thereto may be continued or changed to be conforming, but when so changed to be conforming it shall not be made nonconforming again. " 634 (situation three) , the ordinance applies even if the new use is a permitted one. Beginning with St. 1920, c. 601, Section 7, 'with only minor changes in language, the zoning statute applies to "any alteration of a building to provide for its use for a purpose, or in a manner, substantially different from the use to which it was put before the alteration. " See Opinion of the Justices, 234 Mass. 597, 603 ( 1920) . If the plaintiffs' construction were accepted, the third portion (in our numbering) of the ordinance (and the zoning statute) would be wholly superfluous as changes from one nonconforming use to another are already covered by the first portion. The judge, relying on Boston & Albany R.R. v. Department of Pub. Util. , 314 Mass. 634, 637-638 ( 1943) , ruled that a permit was not required because the structure had not been "altered such as to amount to a reconstruction, extension or structural change. " The ordinance, however, specifically differentiates between the magnitude -of the alterations required by the second and third clauses. The renovations made here, see note 2, supra, although not perhaps of the magnitude of "reconstruction, extension or structural change, " were alterations as matter of law and were not ordinary repairs. See Boston & Albany R.R. v. Department of Pub. Util. , 314 Mass. at 637-638; D'Ambra v. Zoning Bd. of Appeal of Attleboro, 324 Mass. 61, 62-63 ( 1949) . Although we hold that the ordinance requires a special permit from the board to sanction the alterations made by the plaintiffs, when the board considers the application for a special permit it will doubtless consider the following matters favoring its grant. The footprint of the building has not changed, and there has been no increase in its .nonconformity. As the judge intimated, the appearance of the garage has improved. (FN6) Moreover, while the city is not estopped by the action of the first zoning inspector, the board, in considering whether to grant a permit ---------------------------------------------------------------------------- (FN6) In cases where the provisions of the relevant ordinance were less clear, courts have construed them to allow interior alterations for a permitted use without a special permit. See Petruzzi v. Zoning Bd. of Appeals of Oxford, 176 Conn. 479, 484 ( 1979) ; Sukthankar's Radnor Township Zoning Appeals, 2 Pa. Commw. 489, 494 ( 1971) . 635 in these circumstances, . may take into account the good faith reliance of the plaintiffs on the actions of the city's officials. Judgment reversed. � 636 7�i,.,� AARDITO. SWEENEY. STUSSE, ROBERTSON & DUPUY, P.C. r AR • ATTORNEYS AT LAW--.- - `! c. - F « _ MATTACHEESE PROFESSIONAL BUILDING Q� COO+3}1 JU A 25 MID-TECH DRIVE.SUITE C U v •`_ 4F WEST P YARMOUTH.MASSACHUSETTS 02673 �9Q5 -s til _r { F � - Ralph Crossen, BuildingTCommi.ssioner:'_ Town of Barnstable 367 Main Street Hyannis, MA 02601 P 918 109 415 RETURN RECEIPT REQUESTED � r z Thank you for using Return Receipt Service. 383H HV31 4NV a103 . . : The Town of Barnstable • aneusrA= • ' �e� Department of Health, Safety and Environmental Services z659. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 14, 1995 Silvia and Silvia Associates 619 Main Street Centerville, MA 02632 Re: Site Plan Review Number 34-94 Aunt Bette' s Pond Realty Trust 14 West Main Street, Hyannis Dear Mr. Silvia: Please be informed that you have complied with requirements of Site Plan Review. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner RMC/car i S01091C r ti J.`a A.M.Wilson Associates Inc. r' September 23, 1994 Ralph Crossen, Building Commissioner. Town of Barnstable 367 Main Street Hyannis, MA. 02601 RE: Aunt Bette's Pond Realty Trust -Remodelling Permit (Our file 2 . 0662.2) t Dear Mr. Crossen: On behalf of our client Aunt Bette's Pond Realty Trust, Catherine McDowell Trustee, and in light of the project site plan approval voted September 22, 1994, we hereby request that you reinstate the project building permit #36521 CA We further request that you• grant, insofar as it may be necessary, an extension of said permit. Thank you for your consideration in this matter: Yours, A. M. WILSON ASSOCIATES, INC. Christopher P. Jolly, P.E. cc: Atty Robert Baum Catherine McDowell CJ/994AW25 911 Main Street 508 428 1450 Osterville, MA 02655 FAX 4201856 r; t , The Town of Barnstable » RARNSTABIA • ' Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 26, 1994 Mr. Christopher P. Jolly,P.E. A.M. Wilson Associates,Inc. 911 Main Street Osterville,MA 02655 Re: Aunt Bette's Pond Realty Trust,Remodeling Permit Your file 2.0662.2 Dear Mr. Jolly: In response to your letter,dated September 23, 1994,please be advised that Building Permit#36527 was reinstated and a six month extension was granted September 23, 1994. If you have any further questions,please do not hesitate to contact me. Sincerely, Ralph M. Crossen Building Commissioner RMC/km .. P 015 492 41& Receipt fora Certified Mail o No Insurance Coverage Provided Do not use for International Mail (See Reverse) selotaccherine c ow rs. t Realty rst Street and No. PIState ar�d Zl le 02630 am a e, Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p) to Whom&Date.Delivered m Return Receipt Showing to Whom, c Date,and Addressee's Address 7 n TOTAL Postage c &Fees is 0 Postmark or Date M E o U. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(tee front). a 1. If you want this receipt postmarked,stick the gummed stub to the right of the return addregi leaving the receipt attached and present the article at a post office service window or hand it to' your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. rn 3. If you want a return receipt,write the certified mail number and your name and address on a C return receipt card,Form 3811,and attach it to the front of the article by means of the gummed .� ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 00 4. If you went delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E ,o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If �u- return receipt is requested,check the applicable blocks in item 1 of Form 3811. U) a 6. Save this receipt and present it if you make inquiry. 1O2595-93-Z-0478 tv SENDER: I also wish to receive the y • Complete items 1 and/or 2 for additional services. d • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): > > return this card to you. N Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N does not permit. .. t •`Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery C • The Return Receipt will show to whom the article was delivered and the date d c deivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number m Catherine McDowell, Esq. , Trst. P 015 492 418 a Aunt Bette's Pond Realty Trust 4b. Service Type o P. 0. Box 334 ❑ g ,ter El Insured cn Barnstable, MA 02630tuepr i ,� D=-' .;A- U)- Mail Rgt4rnv eceif"for 5 � t e'rc>1�dise_ o 0 7. Date DeliJe.ry y- Q 1t c CZ 5. Signature(Addressee) 8. Addr s Add r ss(Only if requested Y and f� iS said) UJ 6AFr, e (Agent) 0263 ~ HP811, December 1991 *U.S.GPO:1993-352.714 DOMESTIC:RETURN RECEIPT UNITED STATES POSTAL SERVICE I 1 Official Business PENALTY FOR PRIVATE USE TO.AVOID PAYMENT OF POSTAGE, $300 Print your name, address and ZIP Code here C Town of Barnstable Building Division 367 Main Street Hyannis, MA 02601 J { I of The Town of Barnstable • riARNSTABd,E. ' � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 9,1994 Catherine McDowell,Esquire,Trustee Aunt Bette's Pond Realty Trust P.O.Box 334 Barnstable, MA 02630 Dear Madam: A review of your updated building plan and site modification to your Dairy Queen proposal has resulted in several comments that need to be addressed by you: 1. The Board of Health has concerns because you do not show a wash sink at the take out windows. You must show this change. 2. Item#24 in the kitchen does not show up in the equipment key. What is it? 3. The building plan has a note that"this plan is to be used for illustrative purposes and must not be used for construction or alteration". We would like a stamped plan that reflects what will, in fact,be built. Said plan to be to scale. 4. We would like to have a letter from the Parent Company(Dairy Queen)that this facility will be staffed to the level you are indicating. It was noted that a similar sized Dairy Queen from an area not far from here has over eight(8)full time employees working at the same time. 5. Do you intend to provide any protection to the lines of customers in front of the take out windows from cars parking up to the concrete apron? 6. Please provide us with a proposed or actual menu for this facility. 7. The parking space at the front left corner of the building does not meet our parking by-law requirements as there is not enough back up room behind it. A Catherine McDowell,Esquire,Trustee September 9, 1994 Page 2. 8. A review of the new plan and a review of our parking by-law suggests the following: a. Maximum parking possible on the site with the change noted above 13 b. Required parking needed given the submitted documentation: 1 per every 3 seats 4 5 per take out window 10 *Standing room for 20 people inside door @ 1 per 3 people 7 Total required 21 Based on the above calculations you should be prepared to go to the Zoning Board of Appeals for a Variance to our parking by-law and/or an appeal of my use of this formula to compute your parking needs. Sincerely, Ralph M. Crossen Building Commissioner *This has been added pursuant to Section 4-2.7"All Other Uses"in conjunction with Building Code Allowance of one person for every 3 square feet standing room. RMC/gr cc: R.Silvia/Sil«a&Silvia Associates Certified Mail P 015 492 418 R.R.R. P 015 493 822.W. Receipt for Certified Mail. o No Insurance Coverage Provided e Do not use for International Mail (See Reverse) Sent to Silvia & Silvia Assoc. Street and No. 619 Main Street P.O.,State and ZIP Code 02632 Centerville, MA Postage . Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered m Return Receipt Showing to Whom, c Date,and Addressee's Address 7 TOTAL Postage C &Fees is 000 Postmark or Date M r E 6 LL N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(tee front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attechibd and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. o� 3. If you want a return receipt,write the certified mail number and your name and address on a C return receipt card,Form 3811,and attach it to the front of the article by means of the gummed y ands if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M Y endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 1 o25s5-s3-z-o47a I • BARM�BM The 'Town of Barnstable MAS& Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner Silvia and Silvia Associates 619 Main Street Centerville, MA 02632 Re: 14 West Main Street, Hyannis, MA A=290.094& 290.095 Dear Mr. Silvia: Reference is made to your application for a Site Plan Review for the above referenced site (future site of your ice-cream shop). Building permit number 36527 issued for the site must be rescinded at this time. The reason for this is that there has been a mistake made on the parking computations for the.proposed facility versus the old use. Based on a review of the parking ordinance(see enclosure), it is apparent to us that the new use will increase the parking requirements on the site. As a result of this, Site Plan Review will be required before a building permit can be issued. Please contact this office if we can be of any assistance. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: A. M. Wilson Associates, Inc. Thomas Geiler, Director,Health, Safety and Environmental Services '. enclosure Certified Mail: P 015 493 822 R.R.R. C9408'9A l I 4-2 7 - Schedule of off-Street Parking Requirements: The following standards represent the minimum parking requirements to be applied as provided for herein: USE REQUIRED SPACES Attached Dwelling Units (D.U. ) 1. 5/D.U.+ 1 visitor space/10 required D.U. spaces Guesthouse, Lodging House, 1.2/Bedroom Group Accommodation Hotel/Motel Guest Units 1.2/guest unit + 1/every 2 employees on maximum shift Nursing Homes/Hospitals 1/every 3 beds Industry, Warehousing, 1/700 sq.ft. gross floor area Storage, Distribution, or 1/every 1.3 employees on Wholesaling maximum shift, whichever is greater Retail, Consumer Service 1/200 sq.ft. gross floor area 0 + 1/separate enterprise Office, Professional, 1/300 sq.ft. gross floor area Administrative, Banks + 1/separate suite p Restaurants, Licensed 1/every 3 seats + 1/every 2 t Common Victualer or employees + 5/take-out area Purveyor of Food ready to be consumed on or off premises Places of Public Assembly 1/every 3 persons capacity Bowling Alley 4/alley Tennis, Handball and 3/court, except 0 when a Racquetball' Courts single court is located as accessory to a single-family dwelling Laundromats 1/every 4 machines Gas/Service Stations 3/service bay or 1/100 sq.ft. gross floor area, whichever is greater All Other Uses As determined by the Building Commissionerlc 54 SENDER: H • Complete items 1 and/or 2 for additional services. I also wish to receive the d • Complete items 3,and 4a&b. following services (for an extra r • Print your name avid address on the reverse of this form so that we can fee): 4) return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address m N does not permit. ++ t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery EL " • The Return Receipt will show to whom the article was delivered and the date v c delivered. Consult postmaster for fee. m 3. Article Addressed to: 4a. Article Number m A. M. Wilson Assoc. , Inc. P 015 493 823 � 911 Main St. 4b. Service Type d C ❑ Registered ❑ Insured cm 0 Osterville, MA 02655 ® Certified ❑ COD c W ❑ Express Mail ❑ Return Receipt for u U, Merchandise c 7. Date,of Delivery 5. Signature (Addressee) 8. Addressee's Address(Only if reg6ested x Fand fee is paid) 19 %P3 ure (Agent) /� ~ 81 ecember 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SE E PM �°`�=^ "`" � CL Official Business /9 4 4 . _ >�� --P IVAT USE TO AVOID OF POSTAGE,$300 I j 0 j Print your name, address and ZIP Code here Town of Barnstable j Health, Safety & Environmental Services Q Building Division 9 ti 367 Main Street i Hyannis, MA 02601 j A RC ::((::::::ii::(i:(:i::i(:::i:::i::i:ii P 015 493 523 Receipt for , ;, ,. Certified .Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Senj to E1. M. Wilson Assoc. , Inc. Stre t a�1l d No. Main Street State and ZIP Code P.O,,yannis, MA 02601 Postage Certified Fee Special Delivery Fee. Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered o Return Receipt Showing to Whom, r- Date,and Addressee's Address TOTAL Postage 0 &Fees Postmark or Date E 0 LL Cn a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(sots fron.o. 1. If you went this receipt postmarked,stick the gummed stub to the right of the return address) leaving the receipt attachhd and present the article at a post office service window or hand it to,,r' your rural carrier(no extra charge). 3 ) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return' address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail member and your name and address on a 4 return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O O O 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E `o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If ,- return receipt is requested,check the applicable blocks in item 1 of Form 3811'. to a 6. Save this receipt and present it if you make inquiry. 102595-93-z-0478 r r t��.�i► . The Town of Barnstable BARNn"M Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner Silvia and Silvia Associates 619 Main Street Centerville, MA 02632 Re: 14 West Main Street, Hyannis, MA A=290.094&290.095 Dear Mr. Silvia: Reference is made to your application for a Site Plan Review for the above referenced site (future site of your ice-cream shop). Building permit number 36527 issued for the site must be rescinded at this time. The reason for this is that there has been a mistake made on the parking computations for the proposed facility versus the old use. Based on a review of the parking ordinance(see enclosure), it is apparent to us that the new use will increase the parking requirements on the site. As a result of this, Site Plan Review will be required before a building permit can be issued. Please contact this office if we can be of any assistance. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc:✓A. M. Wilson Associates, Inc. Thomas Geiler, Director, Health, Safety and Environmental Services enclosure Certified Mail: P 015 493 822 R.R.R. CERTIFIED MAIL: P 015 493 823 R.R.R. C9408'9A {4-2_7 Schedule of Off-Street Parking Requirements: The following standards represent the minimum parking requirements to be applied as provided for herein: USE REQUIRED SPACES Attached Dwelling Units (D.U. ) 1. 5/D.U.+ 1 visitor space/10 required D.U. spaces Guesthouse, Lodging House, 1.2/Bedroom Group Accommodation Hotel/Motel Guest Units 1.2/guest unit + 1/every 2 employees on maximum shift Nursing Homes/Hospitals 1/every 3 beds Industry, Warehousing, 1/700 sq.ft. gross floor area Storage, Distribution, or 1/every 1.3 employees on Wholesaling maximum shift, whichever is greater Retail, Consumer Service 1/200 sq.ft. gross floor area + 1/separate enterprise Office, Professional, 1/300 sq. ft. gross floor area Administrative, Banks + 1/separate suite p Restaurants, Licensed 1/every 3 seats + 1/every 2 Common Victualer or employees + 5/take-out area Purveyor of Food ready to be consumed on or off premises Places of Public Assembly 1/every 3 persons capacity Bowling Alley 4/alley Tennis, Handball and 3/court, except 0 when a Racquetball' Courts single court is located as accessory to a single-family dwelling Laundromats 1/every 4 machines Gas/Service Stations 3/service bay or 1/100 sq.ft. gross floor area, whichever is greater All Other Uses As determined by the Building Commissioner14 54 L �1 R, dye \ F oar L� The Town of Barnstable . BA�ABM � ' �e� Department of Health Safety and Environmental Services s639. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner Silvia and Silvia Associates 619 Main Street Centerville,MA 02632 Re: 14 West Main Street,Hyannis,MA A=290.094&290.095 Dear Mr. Silvia: Reference is made to your application for a Site Plan Review for the above referenced site (future site of your ice-cream shop). Building permit number 36527 issued for the site must be rescinded at this time. The reason for this is that there has been a mistake made on the parking computations for the proposed facility versus the old use. Based on a review of the parking ordinance(see enclosure), it is apparent to us that the new use will increase the parking requirements on the site. As a result of this, Site Plan Review will be required before a building permit can be issued. Please contact this office if we can be of any assistance. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: A. M. Wilson Associates, Inc. Thomas Geiler, Director,Health, Safety and Environmental Services enclosure Certified Mail: P 015 493 822 R.R.R. C9408'9A 7 Schedule of Off-Street Parking Requirements: The following -" standards represent the minimum parking requirements to be applied as 'provided fcr herein: USE REQUIRED SPACES Attached Dwelling Units (D.U. ) 1. 5/D.U.+ 1 visitor space/10 required D.U. spaces Guesthouse, Lodging House, 1.2/Bedroom Group Accommodation Hotel/Motel Guest Units 1.2/guest unit + 1/every 2 employees on maximum shift Nursing Homes/Hospitals 1/every 3 beds Industry, Warehousing, 1/700 sq.ft. gross floor area Storage, Distribution, or 1/every 1.3 employees on Wholesaling maximum shift, whichever is greater Retail, Consumer Service 1/200 sq. ft. gross floor area C) �_- + 1/separate enterprise Office, Professional, 1/300 sq.ft. gross floor area Administrative, Banks + 1/separate suite p Restaurants, Licensed 1/every 3 seats + 1/every 2 Common Victualer or employees + 5/take-out area Purveyor of Food ready to be consumed on or off premises Places of Public Assembly 1/every 3 persons capacity Bowling Alley 4/alley Tennis, Handball and 3/court, except 0 when a Racquetball' Courts single court is located as accessory to a single-family ' dwelling Laundromats 1/every 4 machines Gas/Service Stations 3/service bay or 1/100 sq.ft. gross floor area, whichever is greater All Other Uses As determined by the Building Commissionerl - 54 yaf T N(TO` .= The Town of Barnstable '""'T►"` Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner March 10, 1994 6 Ms Arlene Wilson A. M. Wilson Associates, Inc. 911 Main Street Osterville, MA 02655 Re: Assessor's Map 290, Lots 94 & 95 West Main Street at West End Rotary, Hyannis, MA Your file No. 2 .0662 .2 Dear Ms Wilson: In response to your letter of March 4, 1994, Section 4-7 (3) of the Barnstable Zoning Ordinance, states that a site plan would not be required in your case since the minor work which you will be performing will not necessitate the provision of additional off-street parking. You have indicated that the extent of your project will be limited to interior remodeling, changing front exterior window pattern, painting and patching the area from which gas tanks were removed. The recent use was as a Christy Store, primarily a retail use. This use is of a similar nature and is permitted as per our zoning ordinance. The building footprint is the same and the same requirements of fourteen ( 14 ) parking spaces are met Peace, seph D. "DaLuz Building Commissioner L940308B A.M.Wilson Associates Inc. March 4, 1994 Joseph Daluz Commissioner Building Inspection Department Town of Barnstable 367 Main Street Hyannis, MA. 02601 RE: Assessor's Map 290, Lots 94 & 95 West Main Street at West End Rotary Hyannis, MA. (Our file 2 . 0662 .2) Dear Mr. Daluz: In accordance with our recent discussions, attached please find two prints for the above captioned site. The Existing Conditions sheet shows the site prior to the removal of underground fuel storage tanks, above ground gas pump and asphalt patching. The site was operated as a gas station and convenience store. It had 2 "bays" at the gas pumps. The store, classified as a retail operation under our zoning regulations was a single story with a total of +1600 sf. Under our parking requirements this use required 14 parking spaces;8 for the convenience store (1/200 sf. ) and 6 for the gasoline service (3/bay) . The site also provided 14 spaces. My client, Regina Silvia wishes to remodel the interior of the building and operate it as a franchised ice cream shop. The building location, shape and exterior dimensions will not change, although the front windows will be reconfigured and the building will be painted. This new use will have: two take out stations; nine interior seats; and two full time employees per shift. The parking requirements for this operatio. is 14 spaces the same as the requirement for the former use. The new use is allowable by right in the business zone and the building is pre-existing non-conforming as to front yard set back. Our records show this structure to have existed since at least 1949. 911 Main Street 508 428 1450 Osterville,MA 02655 FAX 4201856 i It will be necessary for us to perform some limited maintenance within the parking lot because the UST removal and subsequent patching removed some parking lot striping. The new striping is slightly modified to provide an identified handicapped space and more uniform width and length markings. The maintenance is shown on the attached plan labelled "Ice Cream Shop West End Rotary" for Regina Silvia. Based on my reading of sec 4-7 (3) of our Zoning ByLaw, it is my understanding that Site Plan Review is not required for this project as the new use is allowable by right and requires the same number of spaces as the former use. It is also my understanding that refinishing, repainting and realignment of existing parking spaces is viewed as maintenance and will not require Site Plan Review. It would be helpful to me if you could provide a written response as to your opinion as Zoning Enforcement Officer relative to the need for Site Plan Review for this project. Thank you for your assistance. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson Principal Environmental Planner attach: existing conditions plan proposed site plan ' AMW/kjb/394AW19 CF i rain swk"- �j - .. I (�JIYyI M P SINK I O; 1 LLiD if FUTURE SEATING \ / I ( I ��T�I I DAIRY QUEEN 14 WEST MAIN STREET HYANNIS, MA 3/8/94 f NOT TO SCALE t - s {. J Assessor's office(1st Floor): Assessor's map and lot numb r :` D o*TeE Conservation(4th Floor): -\�� °�m°� �( ��Q� �' `•. Board of Health(3rd floor): 4 Sewage Permit number 2- !7 M"L � rua Engineering Department(3rd floor): J , ` i630•�JS House number 1 CQ Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:36-9:80 A.M.and 1:00-2:00 P.M.only , TOWN OF BARNSTABLE BUILDING INSPECTOR - APPLICATION FOR PERMIT TOEo p�L TYPE OF CONSTRUCTION _ Co YVL.VI,t 1'wAk,0-6i 19 c _ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location 1,4 U)CST M►A , N STH qa ill0._Ils rA,ssee(9-?� V44P --_qt) lo4.5 9y-r-95- Proposed Use FOo'*t� E5TK13C,t S H w, c KV i Zoning District 1 L4 sv.cal CS 5 Fire District 1-►N A tlt M l 5 `4 Name of Owner RC-C-(A.I 0\ 5rW 1 K{ Address- 1 g NA r AA 5T Name of Builder Si(�0 1 (4 4-S(L'01 A As, uo- =040- Address- I g wtW�rll sr; O—k re e Ji Lac_= Name of Architect Address r' Number of Rooms Foundation 5 LA 3 Exterior PAR soKL 2 Roofing Floors Tt L E5 Interior S Lee-4 Heating Q�S / VAT Pr Plumbing V Q- Fireplace 0 Approximate Cost Area Diagram of Lot and Building with Dimensions Fee 6--A P-,5 5 i�•�,� 5�e�e (ti ►.u,�� st-' �a Zvi.�-� G<-w�-�-f! �e c� cba�cc� ct y y l i f, OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS S 1, I hereby agree to conform to all the Rules and Regulations of the Town of,Barnstable red%ng the abo construction. Name Construction Sn�. '� pervisor's License, SILVIA, REGINA MURPHY ? ry No , Permit For REMODEL Commercial Bldg. Location 14 West Main Street Hyannis T Owner Regina Murphy Silvia _ ti Type of Construction Frame Plot Lot -4 i n^ 1 { Permit Granted March 10 , Date of Inspection: = _ - Frame �� •' 19 �_' � �r' _ � -� • Insulation 19 - Fireplace 19 Date Completed Q` 19 � 't T..-.... ,�, lam• �i; �^' `s s\� .- I I �� � � � Y V�r.t \ +^^ �V f/- �f�� `j � -- ~ � .. �i• ' .+fin � �_ � { . 4 _ Assessor's map and lot number .... THE TOWN OF BARNSTABLE BUILDING �� NNN0-00N �� INSPECTOR^ -- -- ---- - -- . . ` . APPLICATION FOR PERMIT TO ..................... .. ---.----...---.------.-----' . ` TYPE OF CONSTRUCTION ----------------------.--------.—._—.—._-----.. < . _ ` - ........... TO THE INSPECTOR OF BUILDINGS: The undersigned 6e,a6v applies for o permit according to the following information: Location ................. Ir..—..1...t4/�� . —.3.�....—.'---------.--...--...--.—~.---------.--Proposed � �� �� ( . . Use --.l....��,����--����—..]—.������---------.—.—.-----.--------------- ^ Zoning District ............................................................... District'� -------------__---________. *��. - Nome of Owner —.�?o��--.�/���—..�*�.�-------Address ----------.—.---~....----,___,_ [ �J / Nome of Builder ' —..��.*�_�/.�—./�� ' .�«�. --AddressM�� .. ...�0 � .Nome of Architect ---------.-------------A6drex -------.-----------..---,____. � ~' Number of Rooms ........ .A._----------------Foun6otion --C ................................................ / Exlerior ........ -------------------RooGng —~��' ................................ Floors --- ----------------{�er�n --� � , ______________. / .......... � � ' | -----�����ng .---------------.------..P|umb/g --------------------------.. e�/0 R,ep|oco ........^r.... .................................................Approximate Cost —. ___. .. ..---' Definitive Plan Approved 6v Planning Board l9--------. Area .........--............................. Diagram' of Lot and Building with Dimensions ` Fee ...........L.....________. \ ' SUBJECT TO APPROVAL OF BOARD OF HEALTH \ ' � / | | / � � / ' [ ° � V - / / | - ' | .' | hereby agree to conform to all the Rules and Regulations of the of Barnstable,regarding the above � construction. ~~� l__ Nome ------------. ~� ''°—.. ' ^ � —,SUN 0II, ---'-, _ 29 9 4,1 / No 22,P^4.0 Permit,for ! | � Scat ) ` / xwe | ~ � Owner � . ` Type of ` - Plot / , Permit � � � | uot* Cor-f(leted ...... .......19 PERMIT y ^ ~ ^ 0 REFUSED . , -----------.. —. lA � —. ---.� ------- ' —.------------------------- . ` ---------------^---^'—^----- -----.--~--------.-------~—. . . . Approved ---------------- 19 - � \ --------------------------. .� .............................. ....... ........................................ ' | ` | ^ l ' � Assessor's map and lot" nu ber ....... ............................... .� . f SEPTIC Tar Td S��T� roe♦ E Sege Permit number .... ST,4 I1.. 11i1 wl. dro i ow .................... Q.1 coMPL 9TAnLE, ................................... House number ..................................... cwti„R Il'H TITLE g 90o a"e39 0m o ' ro pME�.AI, CODE q war°`� TOWN OF BARNSTL4TI0jyS BUILDIH INSPECTOR APPLICATION FOR PERMIT TO .......................I................................................: TYPEOF CONSTRUCTION ..................................................................................................................................... r TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ................... ' .ST........ (... .: ......................................................................... ............................... Proposed Use ............................ '...:..... ..:L:. .... ............. ..... F ................................................ ...................... . ZoningDistrict ............ Sly�S .............................Fire District.................................. .............................................................................. Nameof Owner .... t�.t ` .......0(.`-..... ®.:......................Address .................................................................................... Name of Builder ....... "' ......Address ...................................................... Nameof Architect ..................................................................Address .................................................................................... Number of Rooms .......a.....................................................Foundation (a L lI t-J'r- .............................................................................. Exterior �.a .........................................................Roofing ...... `2 ........... ......................................... ............ Floors ......... ..................................................Interior .......�. ....... .. . ... ................................................. Heating ....O.P:-' ..Plumbing Fireplace .... ./'": -- .................................................Approximate Cost ... N(D�(-L--....... /6 ; C300, ....... Definitive Plan.Approved by Planning Board -----------_-------------------19________. Area ....... ..OY�-...................... Diagram of Lot and Building with Dimensions Fee // ...........1.. ........................ SUBJECT TO APPROVAL OF BOARD OF HEALTH _1 hereby agree to conform to all the Rules and Regulations of th wn of Barnstabl ing the ove construction. Name ...... .. ... .. .. ................................................ SUN OIL COMPANY 2 2 2W1 0 Rem o e No ................. Permit for .................... ........ ........................station.................................... LocatioO....WP-At..Maija...S.tr.eet................ ....................... ..................................... SUN OIL COMPANY Owner .................................................................. Type of Construction ..Ma.s.on.ry..................... ..... .. .... ..... ............................................................................... Plot ............................ Lot ................................ Permit Granted .......�T�IXIQ...5.................19 80 Date of Inspection ....................................19 Date Completed .... re. ...... . 19'� PERMIT REFUSED in . .................................... 19 cc ........ .. ................................................. ..................... ...................... ......................... .2 ApprovecI7..........1. ..................................... 19 ............................................................................... ......................... ................................................ r- art` R . t _ 4• < -},9 •.. f a - - s r ;December 26, l968.,. , . X R "Parovxd6nod" Rhode Island,,, 02901 - N Ge17tiomen • The flashing "SLINOCOO sign`located .on'yonr West Main Street;, r B annis, Massaohiisetts, ga6ol ne, Station Is,in violatioi of the flown of , Barnstable' Zoning^By..la t.' ` Please.contact "this office as"soon a possible a` m regarding thU 'violation.' Enclosed "for your convenience please -find a copy of the Toian of}Barnstable,Zoning By-law.' r The sign,code is 'printed on pages e18 through 20`of this booklet. Very triily:.yours, 4w, v * Heibert^D* 'Stringer -. . Diii1ding Lector .+ , t " • - ' � ,• a •' r: h .fir ,. in yam. x _ f" ,. _ , 1: ri t 1•V • - •- .f • yi ...' x fed'.F J 5 4 .. / f x�y - r _,.. key.^ `, j<- .A:� i% "' r •,� - r .. �. y .. t .. ,^ 4 - � F, } - ~`• �` - l.. '^ � t .. `'ice r `�y '� d r Becemb. .'3,' 1984 4 ^ny � Ms Y John A Has t in s, ,3 t ; ` Are'a' Sales.Manager r SuaNl+ rketing company 49€3 Concord-Street •Framingham, :MA { 017-01 RE: Cataopy, Jest Main street".,'Hyannis Uei_Mr, Hastings;--..,, > I•'have`reviewe d. yaur plan for a canopy at tl e' Christy°_`s Market located f' +fit 14 West,Main 'Street; Hya nis. —At a •recdfit Town* to tiiig th .'Blisines n:• Y gone' rase changed;to- a more restrictive.Highway Bus nesarDistrict,ions, The..front yard 'set. back;jrequirement •is now, feet.. Although-i did.not x see' the,;dimei sion`on-your plan, pit',-appears. 'that.•they,proposed canopy*would e, mathe! euire -4etbck, ,I tht ite ea arianee`notc t r ^ ,froui.:the-frot yard;setback mould be required from the Board A ; Appeals. --Should you have.any` goes^bons; please contact`m office } � y �� •n .` �' '. °"i^ Y .W - ,•f r - r • Joseph 61-. D8.1.4Z".. .. x •. rt Build.#ng•'Comm#ssioner, a. v W .0 `'�'tA �' iy 7 J'Y 'J G' •.. '• ' ^ \ _ ,'+yam!} t��,,,l,�f •'� S � h{{ R,. �'!^!."¢ ,+°f�� �`� it'g'" +3 � , r ,^ b �:t,.4 ! .il•#•.((k�ij.i' >� ��r':y,•�.k �'�y. y i 1+.J 1 .. n .tw,•,'Y ti t[f `/4S'S w `. V• r ,�:vt f�k ' "l x 7.;+F rig' •, �,+ .F - Yr. L 1.1.� .' its :.� ""' yr"•.Y. 1 �.a 'i't � {».uA�'t .�,�.' h M •1 ���: '4 {;' • ... � ZJ- •q�i 4 .t S^.:r. ,t,. i t .,('t <'w v ,y�` -r�t, rr'^ •'A` �r' t � rat.: ( " '!it «�' r K .•t.;4 , , ."X 4gn"'J4 ' ' k F44„! yLs •F�'Y e + , E"x.+ 1� l( ,kf" _ x. * * (' 4 - . a t..v '..A. �,. �t l'.` ♦ ..tv�',x � '�'" n, ,� ''} � v��� Ty'y � R�i:.j.: (' .1�.rI'+ , +S •.w tirv, •� 9 t `} .. ' f••a ti t, ,t ' � �ti A. I if XI-I�- - � a i x LD r LLOLD Ll= R t s MtrNs i � f R�DNI r LA » , 32 l- -i LA D I E S a 9 � s U T 1 L 1 T Y ( /,2 L_D F F I N ► KD Z Al �{ i ti r R�Z�r q a 1 RI CAR1�- �)ON �70P,C Val. NNANM1`� SC—A LE References: PARKING / Land Court Case 9010 Land Court Case '15133 _Gas Station Bus,a ess Land Court Certificate 32781 *Bays* �"` Deed Book 9 0 2 0 3 S aces Ba 6 _ 1 1 Page 113 P � Y Lot Area — NA � Frontage 200 „ Re Width NA om Setback —, '20, 1 600 s.f. 0 1 S ace 200 s.f.' 8 LQ P Sideyard — NA ab< P _ Rear yard — NA s�'a • y° 4 Total Regwred 14 Golf course Total Provided 14 ( Scale:1"=2083' LOCUS Ma Q Project Title: Sure Oil xx Company Site A UN BETTY S POND A 0. At \k 0, 1 X. UI/est En d Water i \ y J gcttom —_ � .o �r ------�o Hyan n is, o '—o T Mao \ \ \ a ---�_o of Syppe o o \ \ (21 o \ \ 4 \ (51 \•� o \ \ h� \ Bit o <v c \ \ \ \ (8*1 \ B erM h p \ \ (91 Chalnlink � \ Fence ,. o � \ \ 6 x — O o .... \, W O c,, y �- ti �m O .o �, ,� 911 Main Street �p L p e i Osterville, MA t — I I �°/ S I 02655 1 .... ,.. 10 BAY 11 L _..... 14 Pump ;Island - ... ,.._,.-. ••....: ...� .. . .. . .... 1 ,. I ( , , _ 7 d 12 8AY II �3 _45 0� A. M. Wilson Associates ...Inc. — ��, 136.74 Ar S 60'43'00" E R � '4 8 1450 Island 50 8 2 FAX 420 1856 lte Curb Gran Catch Bonn • Drawing Title Granit e Curb Catch Basin West E of End Rotary t Exis tin g Wes Moen Street Con diton s , Plan OF w ` Scale: 1 = 20' cm 0 20 40 50 FEET ate: Dw No: � March 2, 1994 ' g Desi gn: n. 6VVo t~ Check: P 3 J 3 I9� Drawn. ,J.V.B. Job No: 2.0662.1 Sheet 1 of 1 References : Grease Trap PA Q Land Court Case 9010 s Land Court Case 15133 Take—Out Stations-1" 1Businew Land Court Certificate 32781 Deed Book 1910 Page 113 5 Spaces/Station x 2 Stations = 10` 9 Seats x 15 Gal./Seat = 135 Gals. Lot Area NA s Emnio►�es/Shift *r oM Use 1000 Gal. (Min. Required) Frontage 200 Width NA 1 Space/2 Full Time Employees 1 Setback 20 L4CtiS r Sideyard NAsea asa $ Rearyard NA _ cdr 1 Space/3 Seats x 9 Seats 3 0 can. Total Spaces Required = 14 Total Spaces Provided 14 Scale.1'=2083' Locus MCJ R Project Title: Ice , , Cream ShOlb o AUNT BETTY'S POND Wes t Erg d 0 t� RO tar s ><, Ire \ 77'f Water Une Feb. 1, 1973 gatt� _ - ,yarn Is,ro lb- � Ma. IN, 0 0 0 Jra --o o- o°p Of slope ` PREPARED f L7R. r ` O O --0� o �r o \ 8fturninoga sort„ Regina Silvia, �hainiink Fen ce _ = C C p f Ar X d- 0 O A �60rO1-'S W = 0 +- 15 \o,, �, �,� � �CO o _ SPQCCs .o �, �� 911 Main Street Proposed 1000 Gal. Proposed 4 to '- °� P� osterw,le, MA Grease Trap Sewer Line _ 0�,'\9s ~ _.. .. 02655 v Ar 10, 8ike Ram . A. M. Wilson Associates Inc. S 60'43'00" E R='12a.g3 } Proposed 24 508 428 1450 FAX 420 1856 Manhole 3 Island u� site C Catch Basin Granite Curb - Gra Drawing Title Existing Waterline w w w W Catch Basin Existing Sewer line S S S S West End Rotary Proposed West Main Street p Site Plan 3 o ct�► s P.JCXLr Scale: 1"= 20' CPAL <� p 20 40 50 FEET - 1 Date March"3. 1994 Dwg No: p Y Design: J.V.B. r 3 9 Check: I Drawn: J.V.B. ob No: 2.0662.1 Sheet 1 of 1 References: Laud Court Case 9010 Land Court Case 15133 Si Land Court Certificate 32761 Lot Area — NA �a Deed Book 1910 Page 113 Frontage — 200' o�r5` ,�s' 0�'idth — NA M, m Revisions: Setback — 20' Law, r° Sideyard -- NA 460 Rearyard -- NA yGo � Golf °c Course r-- Scale:1"-2063' , Project Title: i Ice Creal 1 ° o A UNT BETTY- S POND Wes t En d ° Ro tGry Bond Edge (EI.=90.5') Sept. 26, 1994 Exist. Yield , In Sign ° � // 5 /S J�� a� �\co,f Existing I Hyann ° Q ® ' ► \�, / Raised J : Island Caravel _J Mo. _ a 3057 �l Bitumino Bit. curs us Berm ca' ® o Chainiini, Fence w� RmR Top Of Sloe Granite Curb ° , PARED FUR. o R!t Caarb + ® 4* �°eElo "� ---------- Bituminous Walk $ °� + rravi1ts AuntBette s Pon y Striping f y Ughtpole W w w W W yP1C i ���. Realty Trust W W y �Typiaral)W W W W W 9 W w W Crosswalk 4 W w W -� CID (V 0 CurbStop, i3 Spaces �` E p 911 Main Street W W W W W Exist. 0 j! Bituminous Curb C,t�n ���// Osterwlle, MA Wit Pad o �r"i---�• Ulb t �,� OZ655 JC ,,sower M_anholoelk �rq6Yit, W w � Od�\T Existing A. ••• ®7 iFm�SV31 Associates Inc.W W W W W W W awn Y ,{. Strip Dram `6' w..".'..YS•_•�".. ., w W W 1�� Raised i ^m..a., // Island UtQIFiQy Pole r W W W W W W W WSt J W w W W W W Bituminous Walk W w w W W w ��de�c3 .� 508 428 1450 FAX 420 1856 Granite Curb p 'it. Sidewalk ` �ran�ta Curd Catch Basin / Granite Curb ��Xt� '� (Exist.) [?raging Tale Catch Basin Gistin L-DO NOT ENTER" (Exist.) `� Raised ' � West End Rotary Island 0� J catch Basin AsUA�t West Main street Con dition r-Jon THIS FLAN REPRESENTS THE ASBUILT" CONDITIONS Scale: 1"= 20' Existing Monitor Well ® AS FOUND 8/9/9 5. THE WORK CONFORMS SUB— STAN11ALLY AND IN ALL MATERIAL RESPECTS WITH V, 20 40 50 FEET THE APPROVED PROJECT SITE PLAN EXCEPT AS a qs �A TO THE WESTERLY DRIVE MICH CONFORMS TO THE � � �' �>� Date: Au ust 9, 1995 Dwg No: REQUIREMENTS ESTABLISHED BY THE BARNST"ABLE P" � Field: J.V.B./K.T.A. flF LICENSING BOARD SUBSEQUENTLY AUTHORIZED '. Check: R.H.0 BY THE TOWN ENGINEER. ` . J Draw J.V.B. NOTE: ELEVATIONS ARE BASED ON AN ASSUMED DATUM. � , � ob�No: 2.0 62.1 Sheet 1 of 1 Af ter'_ s-- N � o _N ' x W 3 wo ELEC. \ PANEL r (r W 5' _ o 5TEP-IN-COOLER BLAST v FREEZE v G ZO' A 5 R VVNNA&E o O W O W > o J W < Z Y O OT�C.t Z' 3 a Q w a V cY = Q n yr o U Q 66 0-- RL'S71t00*� RL'9TR00�� yy mm• 5 ::5 AN 5. RAG+ o 0 0 0 BAb G.G. TRAYLL r IVARI�ER � F"1 au Vu --------------- DRi\rVER C-� R TEE DOOR DISPLAY TYViN -- !B'X177 Y'VT PA sGR�IE S v� uro w //T ism CVR NEL MENU SY5TEM FOOD Sih� ^ARMER STEAMER i � i 11 911ATll40 FOR 4 ' iE T,GA 5NE Ji i r FEE] pOii'i' 5 -F,;�ID W z I z de Ab MILK .� r Fi 1 BvBBLE g psi i _ R '� ! SIGN - -- - -- - ------ ------- ---- - NEW WINDOW NEW WINDOW l � � EQUIPMENT FLAN (FRELIMINAR%ro 3) E-I 56ALE: 1/4• = I'-O• �j > o� KEY tu r 2.1,5 - M ETQ.O -5► 4&L-V► i 1 Cl c, { I ac I I11 a Q_ cz x t - z a" u vt C4 O ~.N u All �> �UJ C� -t` SHEET NO. tV C3 Z � � ITT pmg me A } y�