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HomeMy WebLinkAboutC.B. PERKINS LOUNGE - RETAIL FOOD Sag=3 rc. B. PERKi LOU GE 1 649 Main Street;Hyannis jr BOARD OF HEALTH .. Town of Barnstable v John T.Norman j %a Board of Health Donald A.Guadagnoli,M.D. l: suRrsrn[s � F.P.(Thomas)Lee MONj 5q, Daniel Luczkow,Alternate 1a ,. 200 Main Street, Hyannis, MA 02601 Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Sell Tobacco In accordance with regulations promulgated under authority granted by Sections 5,31 and 127A of the General Laws of the Commonwealth of Massachusetts and Chapter 371 of the Town of Barnstable Code, a permit is hereby granted to: Permit No: 546 Issue Date: 1/1/2021 DBA: C.B. PERKINS LOUNGE & BAR OWNER: NEW SEDGEWICK INC Location of Establishment: 649 MAIN STREET HYANNIS, MA 02601 Type of Business Permit: Adult Only Annual Seasonal FEES YEAR: 2021 TOBACCO SALES: $85.00 Permit Expires: 12/31/2021 Thomas A. McKean, RS, CHO, Health Agent Restrictions: Pre-existing smoking bar- Stockholders-Puff the Magic. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. PLEASE POST CONSPICUOUSLY f • ppF Town of Barnstable BOARD OF HEALTH John T.Norman Board of Health Donald A.Guadagnoli,M.D. BA MrABM Paul J.Canniff,D.M.D. MAM F.P. Thomas Lee Alternate 639. ` 200 Main Street, Hyannis, MA 02601 ,ems � Phone: (S08)862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Sell Tobacco In accordance with regulations promulgated under authority granted by Sections 5,31 and 127A of the General Laws of the Commonwealth of Massachusetts and Chapter 371 of the Town of Barnstable Code, a permit is hereby granted to: Permit No: 546 Issue Date: 1/1/2020 DBA: C.B. PERKINS LOUNGE & BAR OWNER: NEW SEDGEWICK INC Location of Establishment: 649 MAIN STREET HYANNIS, MA 02601 Type of Business Permit: Adult Only Annual Seasonal FEES YEAR: 2020 TOBACCO SALES: $85.00 Permit Expires: 12/31/2020 Thomas A. McKean, RS, CHO, Health Agent Restrictions: Pre-existing smoking bar. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. PLEASE POST CONSPICUOUSLY 1'tM4ET Town of Barnstable BOARD OF HEALTH 4, Paull Canniff,D.M.D. t 1,it Board of Health Donald A.Gaudagnoli,M.D. II uex�srAg� John T.Norman �6}q. 200 Main Street, Hyannis, MA 02601 F.P. Thomas Lee Alternate �prFD Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 305B, 146, 189 and 189A; Chapter 111, Sections 5 and 127A, a permit is hereby granted to: Permit No: 546 Issue Date: 01/01/2019 DBA: PUFF THE MAGIC OWNER: JAMES SPINDLER -PUFF THE MAGIC Location of Establishment: 649 MAIN STREET H YANNIS MA 02601 Type of Business Permit: TOBACCO Annual: YES Seasonal: IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES -- -- -- -- FOOD SERVICE ESTABLISHMENT: YEAR: 2019 RETAIL FOOD: i COTTAGE FOOD OPERATION: Permit Expires: 12/31/2019 B&B-FULL BREAKFAST: CONTINENTAL BREAKFAST: MOBILE-FOOD: MOBILE-ICE CREAM: Q� FROZEN DESSERT: Thomas A. McKean, RS, CHO, Health Agent TOBACCO SALES: $85.00 FOR ESTABLISHMENTS WITH SEATING: PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE Restrictions: Pre-existing smoking bar. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. Hours: Town of Barnstable BOARD OF HEALTH John T.Norman "Y Board of Health Donald A.Guadagnoli,M.D. BARNSTABM = " F.P.(Thomas)Lee 200 Main Street, Hyannis, MA 02601 Daniel Luczkow Alternate Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Sell Tobacco In accordance with regulations promulgated under authority granted by Sections 5,31 and 127A of the General Laws of the Commonwealth of Massachusetts and Chapter 371 of the Town of Barnstable Code, a permit is hereby granted to: Permit No: 546 Issue Date: 1/1/2021 DBA: C.B. PERKINS LOUNGE & BAR OWNER: NEW SEDGEWICK INC Location of Establishment: 649 MAIN STREET HYANNIS, MA 02601 Type of Business Permit: Adult Only Annual Seasonal FEES YEAR: 2021 TOBACCO SALES: $85.00 Permit Expires: 12/31/2021 Q Thomas A. McKean, RS, CHO, Health Agent Restrictions: Pre-existing smoking bar- Stockholders-Puff the Magic. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. PLEASE POST CONSPICUOUSLY Town of Barnstable For Office Use Onl : Initials: -Db ��"r'O�, Inspectional Services Date Paid I Amt Pd$ 55— BA „t ,F, ; Public Health Division Cash 039• ,0� Thomas McKean,Director rf0 IAJ�A 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 ADULT ONLY RETAIL TOBACCO SALES PERMIT APPLICATION DATE 12/23/2020 NEW BUSINESS: NEW OWNERSHIP RENEWAL C.B. PERKINS CIGAR LOUNGE NAME OF ADULT-ONLY RETAIL TOBACCO SALES ESTABLISHMENT: o BAR ADDRESS OF TOBACCO ESTABLISHMENT: 649 MAIN ST. HYANNIS MA 02601 MAILING ADDRESS(IF DIFFERENT FROM ABOVE): N/A E-MAIL ADDRESS: Cbperkinscigars@gmail.com BUSINESS PHONE: 508-247-7888 TELEPHONE NUMBER OF TOBACCO ESTABLISHMENT: 5( O8_� 7-7$85 OWNER'S NAME. ANIL DIWAN OWNER'S ADDRESS: CORPORATE NAME: NEW SEDGEWICK INC. CORPORATE ADDRESS: 649 MAIN ST. HYANNIS MAOqWBORATEFID# ANNUAL: V SEASONAL: DATES OF OPERATION: / / TO DAYS CLOSED EXCLUDING HOLIDAYS(EX.MONDAYS) N/A DO YOU CURRENTLY POSSESS A STATE LICENSE TO SELL CIGARETTES? Yes V No DO YOU CURRENTLY POSSESS A STATE LICENSE TO SELL CIGARS/SMOKING TOBACCO? Yes V No TOWN OF BARNSTABLE CODE/MA GENERAL LAW INTERNET LINKS: TOWN OF BARNSTABLE TOBACCO CODE LINK FOR CHAPTER 371-9: htti)s://www.ecode360.com/33996392 MA GENERAL LAW CHAPTER 270/SECTION 6: https://male islature.pov/Laws/Generallaws/PartlV/TitleL/Chapter270/Section6 PLEASE ATTACH A PROPOSED FLOOR PLAN OF THE EST. and a LIST OF PRODUCTS PROPOSED TO BE SOLD A HEARING IS REQUIRED BEFORE THE BOARD OF HEALTH. THE BOARD MEETS ONCE PER MONTH. APPLICANT IS REQUIRED TO CALL HEALTH DIV.FOR INSPECTION PRIOR TO PERMIT ISSUANCE PLEASE CALL 508-862-4644 SIGNATURE: 4• PRINTED NAME: ANIL DIWAN Q:\Application Forms\TOBACCO App 2020 ADULT Only Retail Tobacco Sales draft l.docx f DATE: 12 / 23 /2020 C �S 0 r ESTABLISHMENT'S NAME TOBACCO SALES Employee Signature Form This form is for official use to indicate that the employee(s) of this establishment received and understood Chapter 371 of the Town of Barnstable Code and Chapter 270 Section 6 of the Massachusetts General Laws which describes the penalties for selling and/or giving tobacco products to any person under the age of twenty-one (21). Below is Section 371-9. of the Town of Barnstable Board of Health Regulation: Sales to Minors—&371-9.Sale and Distribution of Tobacco Products. 1. No person shall sell or provide a tobacco product,as defined herein,to a person under the minimum legal sales age. The minimum legal sales age in the Town of Barnstable is 21 years of age. 2. Identification: Each person selling or distributing tobacco products, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27. The employee(s)below received and understood Section 371-9 of the Town of Barnstable Board of Health Prohibition of Smoking Regulation and Chapter 270 Section 6 of the Massachusetts General Laws: AN I L D I WAN 12/23/2020 Sip-nature/�� Printed Name Date Priya Patel 12/23/2020 Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Q:\Application Forms\TOBACCO App 2020 ADULT Only Retail Tobacco Sales draft l.docx El q�s Ij Commonwealth of Massachusetts Letter ID:L1382542912 't � Department of Revenue Notice Date:September 28,2020 t� Geoffrey E.Snyder,Commissioner Account ID:CGL-11329738-016 mass.gov/dor RETAILER LICENSE FOR SALE OF CIGARETTES il�i�llnli��lulilll��li�nllil�i��lnlll� liln�i ��ll �l�i NEW SEDGEWICK INC PUFF THE MAGIC o= 649 MAIN ST HYANNIS MA 02601-5411 Attached below is your Retailer License for Sale of Cigarettes(Form CT-3). Cut along the dotted line and display at your business location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this license. If you have any questions about your license, call us at(617) 887-6367 or toll-free in Massachusetts at (800) 392-6089, Monday through Friday, 8:30 a.m. to 4:30 p.m. DETACH HERE •----------------------------------------------------------------------------------------------------------------------------------------------- ss� MASSACHUSETTS DEPARTMENT OF REVENUE Form CT-3 Retailer License for Sale of Cigarettes 'Y lJq 4r, ov This license:must be posted and visible at all times. The sale of tobacco products to anyone under 18 years of age is prohibited. NEW SEDGEWICK INC Account ID: CGL-11329738-016 PUFF THE MAGIC OMB OavHQ .-, License Number: 1561700352 649 MAIN ST HYANNIS MA 02601-5411 This certifies that the taxpayer named above is licensed under Chapter 64C of the Massachusetts General Laws to sell at retail at the address shown above. This license is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date: October 1, 2020 Expiration Date: September 30, 2022 po �s Commonwealth of Massachusetts Letter ID:L2143886912 0 s Department of Revenue Notice Date:September 25,2020 Geoffrey E.Snyder,Commissioner Account ID:CRL-11329738-019 mass.gov/dor RETAILER LICENSE FOR SALE OF CIGARS AND SMOKING TOBACCO I�Iniri�llll�ll�l�l�illlll���llil�l�l��l�l�i�inliln�lilnn11 NEW SEDGEWICK INC o= PUFF THE MAGIC o— 649 MAIN ST MOM HYANNIS MA 02601-5411 Attached below is your Retailer License for Sale of Cigars and Smoking Tobacco(Form CT-3T). Cut along the dotted line and display at your business location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this license. If you have any questions about your license,call us at(617) 887-6367 or toll-free in Massachusetts at (800) 392-6089, Monday through Friday, 8:30 a.m. to 4:30 p.m. DETACH HERE •----------------------------------------------------------------------------------------------------------------------------------------------- �P�sc� MASSACHUSETTS DEPARTMENT OF REVENUE Form CT-3T it Retailer License for Sale of Cigars and Smoking Tobacco 4r, ove This license must be posted and visible at all times. The sale of tobacco nrr products to anyone under 18 years of age is prohibited. NEW SEDGEWICK INC Account ID: CRL-11329738-019 PUFF THE MAGIC 4—, carol r1 me_ License Number: 50038784 649 MAIN ST HYANNIS MA 02601-5411 This certifies that the taxpayer named above is licensed under Chapter 64C of the Massachusetts General Laws to sell at retail at the address shown above. This license is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date: October 1, 2020 Expiration Date:September 30, 2022 Bellaire, Dianna From: Bellaire, Dianna Sent: Wednesday,January 06, 2021 11:41 AM To: priyaapatell3@gmail.com;cbperkinstigars-@gmaii.com; anildiwan100@yahoo.com- Cc: Bellaire, Dianna Subject: 2021 Tobacco Permits- for CB perkins and CB perkins Lounge Importance: High I've received your applications for both but, I am still waiting for the payments to come in the mail. I am working from home today, I will be in the office tomorrow. I will check to see if they arrived tomorrow. We have some problems with your tobacco licenses. You will need to contact the person in charge.of obtai.ni.ng or fixing your MA State Tobacco Licenses. The following problems need to be fixed: CB PERKINS-12 ENTERPRISE ROAD-SAI NATH CORP MA Cigarette License-NO License with Sai-Nath Corp on the license,you gave me New Sedgwick only MA Cigar License--NO License with Sai Nath Corp on the license,you gave me New Sedgwick only MA Electronic License-Is correct and has the correct corporate name CB PERKINS&LOUNGE-649 MAIN STREET-NEW SEDGEWICK INC MA Cigarette License-Has the correct corporate name but shows the DBA as Puff the Magic-This needs to be changed MA Cigar License-Has the correct corporate name but shows the DBA as Puff the Magic-This needs to be changed MA Electronic Delivery-There is NO Electronic Delivery Systems License with NEW SEDGEWICK INC-you need to have one for this corporation. You only provided SAI NATH CORP. We require proof of Federal Tax ID Number. Please provide proof of both FED ID#'s for both businesses.You didn't provide the proof,only the number. They must be separate. Please let me know the status as soon as possible. You are currently operating under an expired permit and these need to be corrected immediately. Thank you. Dianna Bellaire Permit Technician Town of Barnstable Health Division 200 Main Street Hyannis, MA 02601 P:508-862-4643 Fax:508-790-6304 Email:Dianna.Bellaire@town.barnstable.ma.us The information contained in this electronic transmission('e-mail"),including any attachment(the "Information'),may be confidential or otherwise exempt from disclosure.It is for the addressee only.This Information may be privileged and confidential work-product or a privileged and confidential communication.The Information may also be deliberative and pre-decisional in nature.As such,it is for internal use only.The Information may not be disclosed without the prior written consent of the Director of Public Health and/or the � 1 Batista, Anna D ) To: Priya Ili Pri a, I have made the changes to your Cigarette and Ci name. nee your Smoking Bar will expiring tl If you Dave any questions you may reach me via Thank you, Anna Alvarado-wBatista Audit Division Misc. Excise fax Massachusetts Department of Revenue ei� (617) 887-61,79: z Town of Barnstable BOARD OF HEALTH John T.Norman Board of Health Donald A.Guadagnoli,M.D. B,►a.NWABIA : Paul J.Canniff,D.M.D. oSS 200 Main Street, Hyannis, MA 02601 F.P. Thomas Lee Alternate Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Sell Tobacco In accordance with regulations promulgated under authority granted by Sections 5,31 and 127A of the General Laws of the Commonwealth of Massachusetts and Chapter 371 of the Town of Barnstable Code, a permit is hereby granted to: Permit No: 546 Issue Date: 1/1/2020 DBA: C.B. PERKINS LOUNGE & BAR OWNER: NEW SEDGEWICK INC Location of Establishment: 649 MAIN STREET HYANNIS, MA 02601 Type of Business Permit: Adult Only Annual Seasonal FEES YEAR: 2020 TOBACCO SALES: $85.00 Permit Expires: 12/31/2020 Q Thomas A. McKean, RS, CHO, Health Agent Restrictions: Pre-existing smoking bar. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. PLEASE POST CONSPICUOUSLY � Initials: � Town of Barnstable For Office Us P InspectYonal Services Date aidAmt Pd$ ' =A1NSfAiIE " wwwta o4l, aA __ 39. Public Health Division Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 ADULT ONLY RETAIL TOBACCO SALES PERMTT APPLICATION DATE S ZO (MORITORIUM-NO NEW BUSINESSES) CHANGE IN OWNERSHIP RENEWAL ADULT ONLY RETAIL TOBACCO SALES ESTABLISHMENT NAME: C.9.ftO N 5 C16A2 &A E d 10yPj6 E ADDRESS OF TOBACCO ESTABLISHMENT: 04 l *P4 ST. HYANNTS M A , 02401 MAILING ADDRESS(IF DIFFERENT FROM ABOVE): E-MAIL ADDRESS: C 6 perk i hS CigalrS 9 4m&;1.CerA TELEPHONE NUMBER OF TOBACCO ESTABLISHMENT: 7( 74 ) 4470 - 2(01 OWNER'S NAME: ANIL DTWAM OWNER'S PH#Q�b zy7- 79TIr OWNER'S ADDRESS: _ %3 ODD H4ANNT5 f.D. WyAvo foxT NA CORPORATE ADDRESS: Same A 3 above CORPORATE FID# ANNUAL: SEASONAL: DATES OF OPERATION: / / TO DAYS CLOSED EXCLUDING HOLIDAYS(EX.MONDAYS) AON E TOWN OF BARNSTABLE CODE/MA GENERAL LAW INTERNET LINKS: TOWN OF BARNSTABLE TOBACCO CODE LINK FOR CHAPTER 371-9: https://www.ecode360.com/33996392 MA GENERAL LAW CHAPTER 270/SECTION 6: https://malelaislature.fzov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section6 ***NEW BUSINESSES AND NEW OWNERS ONLY*** A HEARING BEFORE THE BOARD OF HEALTH IS REQUIRED. THE BOARD MEETS ONCE PER MONTH. ALL APPLICANTS MUST SUBMIT ITEMS 1-5. CHANGE OF OWNERSHIP MUST SUBMIT ITEMS 1-7. 1) MA State License to Sell Cigarettes 5) Payment of Fee(s)—see page 4 2) MA State License to Sell Cigars and Smoldng Tobacco 6) Proposed Floor Plan 3) MA State License for Sale of Electronic Nicotine Delivery Systems 7) List of Products Proposed to be Sold 4) IRS Federal Tax ID#Document ALL APPLICANTS ARE REQUIRED TO: CALL HEALTH DIVISION AT 508-862-4644 FOR AN INSPECTION PRIOR TO PERMIT BEING ISSUED. SIGNATURE: PRINTED NAME: , AWEL a=wAtJ DATE: / �3` / Zb /Users/priyaa.patel/Downloads/TOBACCO ADULT ONLY APP Dtd 5-26-2020.doc I 4 _ C-6 P�0(4vls 49-�nc ESTABLISHMENT NAME TOBACCO SALES Employee Signature Form This form is for official use to indicate that the employee(s)of this establishment received and understood Chapter 371 of the Town of Barnstable Code and Chapter 270 Section 6 of the Massachusetts General Laws which describes the penalties for selling and/or giving tobacco products to any person under the age of twenty-one (21). Below is Section 371-9.of the Town of Barnstable Board of Health Regulation: Sales to Minors—&371-9.Sale and Distribution of Tobacco Products l. No person shall sell or provide a tobacco product,as defined herein,to a person under The minimum legal sales age. The minimum legal sales age in the Town of Barnstable is 21 years of age. 2. Identification: Each person selling or distributing tobacco products, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27. f The employee(s)below received and understood Section 371-9 of the Town of Barnstable Board of Health Prohibition of Smoking Regulation and Chapter 270 Section 6 of the Massachusetts General Laws: ANIL 'bzwwN Signature Printed Name Date SignaYure Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date lUsers/priyaa.patel/Downloads/TOBACCO ADULT ONLY APP Dtd 5-26-2020.doc �s Department of Revenue Notice Date:June 3 2020 b i Geoffrey E.Snyder,Commissioner Account ID:EDL-11329738-0-02�1 ` ,�t 9 O mass. ov/dor P wns 1.1�or e g C5 V LICENSE FOR SALE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS Vim+ NEW SEDGEWICK INC S PUFF THE MAGIC o 649 MAIN ST HYANNIS MA 02601-5411 Attached below is your Retailer License for Sale of Electronic Nicotine Delivery Systems. Cut along the dotted line and display at your business location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this license. If you have any questions about your license,call us at(617) 887-6367 or toll-free in Massachusetts at (800)392-6089,Monday through Friday, 8:30 a.m.to 4:30 p.m. DETACH HERE ---------------------------------------------------------------------------------------------------------------------------------------------- cttvsF� MASSACHUSETTS DEPARTMENT OF REVENUE J z Retailer License for Sale of Electronic Nicotine Delivery Systems f o�� This license must be posted and visible at all times. The sale of NT tobacco products to anyone under 21 years of age is prohibited. z NEW SEDGEWICK INC Account ID: EDL-11329738-021 PUFF THE MAGIC License Number: 1177905152 649 MAIN ST Age-Restricted Store HYANNIS MA 02601-5411 This certifies that the taxpayer named above is licensed under Chapter 64C of the Massachusetts General Laws to sell electronic nicotine delivery systems at the address shown above. This license is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:June 3,2020 Expiration Date: September 30,2022 1HW r Town of Barnstable BOARD OF HEALTH Paul J Canniff,D.M.D. Board Of Health Donald A.Gaudagnoli,M.D. OARNIiTMSGE. John T. Norman \ MASS' F.P. Thomas Lee Alternate P F 39. 200 Main Street, Hyannis, MA 02601 Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 305B, 146, 189 and 189A; Chapter 111, Sections 5 and 127A, a permit is hereby granted to: Permit No: 546 Issue Date: 09/16/2019 DBA: PUFF THE MAGIC OWNER: NEW SEDGEWICK INC Location of Establishment: 649 MAIN STREET HYANNIS, MA 02601 Type of Business Permit: TOBACCO SMOKING BAR Annual: YES Seasonal: IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES FOOD SERVICE ESTABLISHMENT: YEAR: 2019 RETAIL FOOD: COTTAGE FOOD OPERATION: Permit Expires: 12/31/2019 �h B&B- FULL BREAKFAST: CONTINENTAL BREAKFAST: MOBILE-FOOD: MOBILE- ICE CREAM: Ga� FROZEN DESSERT: Thomas A. McKean, IRS, CHO, Health Agent TOBACCO SALES: $85.00 FOR ESTABLISHMENTS WITH SEATING: PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE Restrictions: Pre-existing smoking bar. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. i SFE: Town of Barnstable BOARD OF HEALTH O Paul J Canniff,D.M.D. Board of Health Donald A.Gaudagnoli,M.D. 1 HARNgrABLF- John T.Norman '9 "A F.P. Thomas Lee Alternate 200 Main Street, Hyannis, MA 02601 Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 3056, 146, 189 and 189A; Chapter 111, Sections 5 and 127A, a permit is hereby granted to: Permit No: 546 Issue Date: 07/24/2019 DBA: PUFF THE MAGIC OWNER: JAMES SPINDLER-PUFF THE MAGIC Location of Establishment: 649 MAIN STREET HYANNIS MA 02601 Type of Business Permit: TOBACCO -ADULT ONLY Annual: YES Seasonal: IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES (� FOOD SERVICE ESTABLISHMENT: YEAR. 2019 RETAIL FOOD: COTTAGE FOOD OPERATION: Permit Expires: 12/31/2019 B&B-FULL BREAKFAST: CONTINENTAL BREAKFAST: MOBILE-FOOD: MOBILE-ICE CREAM: FROZEN DESSERT: Thomas A. McKean, RS, CHO, Health Agent TOBACCO SALES: $85.00 FOR ESTABLISHMENTS WITH SEATING: PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE Restrictions: Pre-existing smoking bar. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. Hours: r 0-4 Town of Barnstable $ &P--Ao ti Board of Health s�A»tE 200 Main Street, Hyannis MA 02601 ixnss Paul J.Canniff,D.M.D. Office:508-862-4644 Donald A.Guadagnoli,M.D FAX: 508-790-6304 John T.Norman F.P.(Tom)Lee,P.E.,Alternate BOARD OF HEALTH MEETING RESULTS Tuesday, July 23, 2019 at 3:00 PM Town Hall, Hearing Room 367 Main Street, 2r,d Floor, Hyannis, MA Moment of silence for Barnstable Police Sargeant Jason Sturgis. I. Executive Session: The Barnstable Board of Health may vote to go into Executive Session under G.L. c. 30A §21(a)(3), to discuss litigation strategy with respect to the following cases: Ohmharsh Inc. v. Barnstable Board of Health; Cumberland Farms v. Barnstable Board of Health, if the Chair declares that an open meeting may have a detrimental effect on the litigating position of the Town. Went into Executive Session; then reconvened. II. Regulation — Flavored Tobacco The effective date of the amendments to Sections 371-1 and 371-11 of the Board of Health Tobacco Regulations shall remain July 28, 2019 unless the Board of Health votes to extend the effective date. Motion to extend the effective date was not seconded, therefore, motion died and regulation remains unchanged with effective date being July 28, 2019. III. Hearing — Food: Jeffery Thompson, Grilled Cheese Gallery — 569 Main Street, Unit 11-D, Hyannis, second year of opening business without an inspection prior to opening. The Board voted to order a one-day closure for September 10, 2019. IV. Hearing — Motel: Toby Leary, contractor, representing Hyannis Plaza, formerly International Inn, 662 Main Street, Hyannis, requesting to reopen building two. The Board voted to grant the full motel license to operate both building 1 and 2.' . (Per T.McKean: They will not need to come before the Board to reopen kitchen or pool.) Page 1 of 3 BOH 7/23/19 i� r V. Variance — Septic (Cont.): A. Daniel Ojala, Down Cape Engineering, representing Ian Taylor, Trustee — 70 Rushy Marsh Road, Cotuit, Map/Parcel 019-119, 34, 231 square feet lot, requesting one variance for repair of a failed septic system. Withdrawn. They have redone plan without requiring any Board variances. NOTE: The Board would like a copy of the revised plan. B. Terence Hayes, engineer, representing Thomas Rooney, owner - 261 Nyes Neck Road, Centerville, Map/Parcel 232-004, 47,260 square feet lot, requesting two variances for a failed septic repair. The Board voted to grant the variances with the following conditions: 1) a four bedroom deed restriction must be recorded at the Barnstable County Registry of Deeds. VI. Variance — Septic: A. Peter McEntee, Engineering Works, representing Ronald Charbonneau, Exec. - 105 Sterling Road, Hyannis, Map/Parcel 268-164, 13,005 square feet lot, requesting three variances for a repair of a failed septic system. The Board voted to grant the variances with the following conditions: 1) condition that the tank will be upgraded to a combination tank and pump chamber and any minor changes in the distance of variances will be acceptable to allow the tank and pump chamber to fit 2) a three bedroom deed restriction must be recorded at the Barnstable County Registry of Deeds. B. Peter McEntee, Engineering Works, representing Lori Giblin, owner— 83 Buttonwood Lane, West Barnstable, Map/Parcel 217-044, 40,870 square feet lot, requesting three variances for a failed septic system. The Board voted to approve as submitted with an amendment: 1) will be 4.5 feet separation between high groundwater and bottom of leaching (not 5 feet), 2) revised plans will be submitted and 3) a three bedroom deed restriction will be recorded at the Barnstable County Registry of Deeds. VII. Tobacco Adil Diwan and Dawank Patel, new stockholders of New Sedwick d/b/a Puff The Magic, new owners of smoking bar. They were noted as new stockholders with same conditions as prior. VIII. Farmers Market— Osterville (Cont.): David Lawler and Jennifer Williams, Osterville Farmers Market at Osterville Historical Museum — 155 West Bay Road, Osterville, requesting additional dates for Mike Page 2 of 3 BOH 7/23/19 Donuts to allow 9 dates during season to cook, and requesting 3 dates (including one temporary permit already issued) for Jaju Pierogi to cook (continued from June 2019). The Board granted 1) Mikes Donuts to have 9 dates during the season to cook, and 2) as Jaju Pierogi decided not to cook and will sell product prepackaged and uncooked at market, the Board was fine with this. IX. Temporary Food Permit Application; Jay Powell, JP's Twisted BBQ, representing Centerville Library at 585 Main Street, Centerville, is requesting a temporary food permit for "Centerville Library Anniversary on Sunday, August 4 from 1:00 — 5:00pm with mobile food trucks and two vendors. The Board granted the temporary food event for the Centerville Library Anniversary to include JP Twisted BBQ food and Four Seas Ice Cream provided a revised sketch is submitted showing the location of JP Twisted BBQ and the location of the handwash stations. X. Minutes: May 28, 2019 Minutes Minutes were adopted. XI. Organization of the Board: John Norman was voted in as Chair. Page 3 of 3 BOH 7/23/19 1 oFt"ErO� Town of Barnstable For Office Use Only: Initials: ti Inspectional Services Date Paid 1ARNBPABLE Check# Cash_ w MASS. ��� Public Health Division �f1639. A 200 Main Street, Hyannis MA 02601 1 Cl Office: 508-790-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health Fee: $85.00 MAIL TO: TOWN OF BARNSTABLE PUBLIC HEALTH DIVISION 200 Main Street HYANNIS,MA 02601 FAX 508 790-6304 PLEASE INCLUDE THE REQUIRED FEE OF$85.00 Y APPLICATION FOR A TOBACCO SALES PERMIT ESTABLISHMENT NAME (DB/A) ADDRESS OF BUSINESS MAILING ADDRESS ff DIFFERENT FROM ABOVE) IN OWNER'S NAME: LAST FIRST MIDDLE y�o .ctw, EMAIL PHONE# L-e " FEDERAL ID# C©rP© /YC W 5 'e A C'j e Gv i c K 'IY\5z. Do you curre tly possess a state license to sell tobacco products? Yes No Each employee who sells tobacco products must receive and understand Chapter 371 of the Town of Barnstable Code (copy provided herein) and the Massachusetts General Law Chapter 270, Section 6.00 (a copy is provided on the next page). Each employee who sells tobacco products must sign the Employee Signature Form :(provided herein). SignatureIgV Date 0(9 z1 C-= Q:\Application Forms\TOBACCO APP2019 dob.docx f 1 t llL. ESTABLISHINUNT'S N TOBACCO SALES Employee Signature Form This form is for official use to indicate that the employee(s) of this establishment received and understood Chapter 371 of the Town of Barnstable Code and Chapter 270 Section 6 of the Massachusetts General Laws which describes the penalties for selling and/or giving tobacco products to any person under the age of twenty-one (21). Below is Section 371-9. of the Town of Barnstable Board of Health Regulation: Sales to Minors—& 371-9. Sale and Distribution of Tobacco Products. 1. No person shall sell or provide a tobacco product, as defined herein,to a person under The minimum legal sales age. The minimum legal sales age in the Town of Barnstable is 21 years of age. 2. Identification: Each person selling or distributing tobacco products, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27. The following employee(s) received and understood Section 371-9 of the Town of Barnstable Board of Health Prohibition of Smoking Regulation and Chapter 270 Section 6 of the :Ma/ssasetts General Laws: Signature Printed Name Date gnature Printed game Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Q:\Application Forms\TOBACCO APP2019 dob.docx f kA 8 TOBACCO SALES TO MINORS PROHIBITED BY MASSACHUSETTS GENERAL LAWS Sales to Minors—S 371-9. Sale and Distribution of Tobacco Products. 1. No person shall sell or provide a tobacco product, as defined herein,to a person under the minimum legal sales age. The minimum legal sales age in the Town of Barnstable is 21 years of age. 2. Identification: Each person selling or distributing tobacco products, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27. Persons, firms, corporations, or agencies selling tobacco products to minors or selling tobacco products without a tobacco sales permit shall be punished as follows: A. In the case of a first violation, a fine of one hundred dollars ($100.00). B. In the case of a second violation within 24 months of the date of the current violation, a fine of two hundred dollars($200.00) and the Tobacco Product Sales Permit shall be suspended for up to seven(7) consecutive business days. C. In the case of three or more violations within a 24-month period, a fine of three hundred dollars ($300.00)and the Tobacco Product Sales Permit shall be suspended for up to thirty (30)consecutive business days. In the case of four violations or repeated, egregious violations of this regulation, as determined by the Board of Health, within a 24-month period, the Board of Health shall hold a hearing in accordance with subsection 4 of this section and may permanently revoke a Tobacco Product Sales Permit. Posting State Law — In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so this may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height no less than 4 feet or more than 9 feet from the floor. Q:Wpplication Fonns\TOBACCO APP2019 dob.docx i FOR MAIL-IN REQUESTS Please mail a completed tobacco sales permit application form to the address below. In addition, please include the required fee of$85.00. The check should be made payable to: Town of Barnstable. Allow five to seven(7) working days for in-house processing. Our mailing address is: Town of Barnstable Public Health Division 200 Main Street Hyannis,MA 02601 FOR FAXED REQUESTS Our fax number is 508-790-6304. Please fax a completed application form. In addition,you must mail the required fee of$85.00 to the address listed above. Please make the check payable to: Town of Barnstable. Allow up to four days for in-house processing. -- For further assistance on any item above, call 508-862-4644 To get a tobacco sales permit application form, click here. To be able to access this form,your computer must have Acrobat Reader. Most computers have Acrobat Reader, and it will usually activate itself automatically. If your computer does not have Acrobat Reader,you can download a copy of it by going to the Adobe website. Back to Main Public Health Division Page Q:\Application Forms\TOBACCO APP2019 dob.docx tKEt Town of Barnstable BOARD OF HEALTH p` a ,1 1 Paul J Canniff,D.M.D. Board Of Health Donald A.Gaudagnoli,M.D. DAR.YST.ABU. John T.Norman A bs .� 200 Main Street, Hyannis, MA 02601 F.P. Thomas Lee Alternate Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 305B, 146, 189 and 189A; Chapter 111, Sections 5 and 127A, a permit is hereby granted to: Permit No: 546 Issue Date: 01 01 2019 DBA: PUFF THE MAGIC OWNER: JAMES SPINDLER-PUFF THE MAGIC Location of Establishment: 649 MAIN STREET HYANNIS MA 02601 Type of Business Permit: TOBACCO Annual: YES Seasonal: IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES (� FOOD SERVICE ESTABLISHMENT: YEAR. 2019 RETAIL FOOD: COTTAGE FOOD OPERATION: Permit Expires: 12/31/2019 B&B-FULL BREAKFAST: CONTINENTAL BREAKFAST: — — MOBILE-FOOD: MOBILE-ICE CREAM: ` ( n FROZEN DESSERT: Thomas A. McKean, RS, CHO, Health Agent TOBACCO SALES: $85.00 FOR ESTABLISHMENTS WITH SEATING: i PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE Restrictions: Pre-existing smoking bar. Board letter dated June 18, 2007 to owner-at time, David Wood regarding Variance from Smoking Prohibition Regulation allows variance to be transfers to new owners per Legal. Deleted Retail sales 12/2011. Hours: n R c. y ,*114Er ,� Town of Barnstable . Initials: Date Paid Amt Pd Inspectional Services Check# d w BARNSfABI F i63q. �0 Public Health Division �E01M°s s 200 Main Street, Hyannis MA 02601 Office: 508-790-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 - Director of Public Health Fee: $85.00 MAIL TO: TOWN OF BARNSTABLE PUBLIC HEALTH DIVISION 200 Main Street HYANNIS,MA 02601 FAX 508 790-6304 PLEASE INCLUDE THE REQUIRED FEE OF$85.00 ,. APPLICATION FOR A TOBACCO SALES PERMIT `UPI J c.K r P w_ -� .T�, . ESTABLISHMENTN (D/B/A) ADDRESS OF BUSINESS MAILING ADDRESS (IF DIFFERENT FROM ABOVE) vr OWNER'S NAME: - LAST FIRST MIDDLE -- EMAIL PHONE# FEhfRAL ID# Do you currently possess a state license to sell tobacco products? Yes V No Each employee who sells tobacco products must receive and understand Chapter 371 of the Town of Barnstable Code (copy provided herein) and the Massachusetts General Law Chapter 270, Section 6.00 (a copy is provided on the next page). Each employee who sells tobacco products must sign the Employee Signature Form :(provided — -herein). _ Date Signature l 1 2_. 7116 g �Is` _ Q:\Application Forms\TOBACCO APP2019 dob.docx n ESTABLISHMENT'S NAME TOBACCO SALES Employee Signature Form This form is for official use to indicate that the employee(s) of this establishment received and understood Chapter 371 of the Town of Barnstable Code and Chapter 270 Section 6 of the Massachusetts General Laws which describes the penalties for selling and/or giving tobacco products to any person under the age of twenty-one (21). Below is Section 371-9. of the Town of Barnstable Board of Health Regulation: Sales to Minors—$371-9. Sale and Distribution of Tobacco Products. 1. No person shall sell or provide a tobacco product, as defined herein,to a person under The minimum legal sales age. The minimum legal sales age in the Town of Barnstable is 21 years of age. 2. Identification: Each person selling or distributing tobacco products, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27. The following employee(s) received and understood Section 371-9 of the Town of Barnstable Board of Health Prohibition of Smoking Regulation and Chapter 270 Section 6 of the Massachusetts General Laws: J P • ted Name Date ,, G—,, V%-- I �_ �- Printed Nam Date Amq ✓1L— I � a7 Printed Nalne Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date Q:\Application Forms\TOBACCO APP2019 dob.docx �� ns Lz)orte, Bellaire, Dianna From: Crocker, Sharon Sent: Tuesday, March 23, 2021 12:05 PM To: Bellaire, Dianna Subject: FW: Cb Perkins FYI, I spoke to Bob Collett this am and then he forwarded attached email to Rick Patel at CB Perkins Lounge. He said because Smoking Bars are required to have people consume product on premises;then, basically, They are switching their type of business temporarily to "retail" which requires... no flavored tobacco sold, none of higher%(5.0 jute) sold, and no liquor can be on the premises. They also must file quarterly state income tax-which they probably already do. Sharon Crocker Office Manager Town of Barnstable—Health 508-862-4739 The information contained in this electronic transmission ("e-mail"), including any attachment(the "Information"), may be confidential or otherwise exempt from disclosure. It is for the addressee only.This Information may be privileged and confidential work-product or a privileged and confidential communication.The Information may also be deliberative and pre-decisional in nature. As such, it is for internal use only.The Information may not be disclosed without the prior written consent of the Director of Public Health and/or the Town Attorney's Office of the Town of Barnstable. If you have received this e-mail by mistake,,please notify the sender and delete it from your system. Please do not copy or forward it.Thank you for your cooperation. -----Original Message----- From: Bob Collett [mailto:bcollett@barnstablecounty.org] Sent:Tuesday, March 23, 2021 11:00 AM To: Ricky Patel Cc: Crocker, Sharon Subject: RE: Cb Perkins Hi Ricky- Here are my thoughts: To switch from smoking bar to Adult-Only Retail Store,you would need to get all flavors off premises and double check with DOR that you don't need to file your quarterly attestation. I say that because a smoking bar in Everett thinks that the filing is back in place and the DOR waiver is gone and that might endanger your smoking bar status. If going from an Adult-Only Retail Tobacco Store to a general retailer,you need to get all flavors and over-35 mg/ml vapes off premises before doing the switchover 1 Whichever you decide,you should indicate an end date to the town even if it is something like "we will return to a X when the state moves to [whatever the right reopening phase is] and the town can accept that condition. Also, since you have liquor it would be an interruption in license use and you may need to ask the town about that.You need to take all alcohol off premises. Thanks, Bob Collett Director, Cape Cod Regional Tobacco Control Program -----Original Message----- From: Ricky Patel<rckyp1212@aim.com> Sent: Monday, March 22, 20212:23 PM To: Bob Collett<bcollett@barnstablecounty.org> Subject: Cb Perkins CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Mr collette Hello mr Colette I'm the manager of cb Perkins cigar bar and lounge on main st Hyannis and I had a few questions reguarding our business please call or email me back. 508 364 2944 Thank you, Ricky Patel CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 2 i I Bellaire, Dianna From: Bob Collett <bcollett@barnstablecounty.org> Sent: Wednesday, October 13, 2021 11:34 AM To: Crocker, Sharon; Bellaire, Dianna; McKean,Thomas Cc: Cheryl Sbarra; 'D.J.Wilson (djwilson@mma.org)' Subject: CB Perkins on Main St. Hello AII- I was able to follow up on the recent complaints about this establishment on 10/8 during the evening. My 27-year-old son successfully purchased a pack of Newport Menthol cigarettes and then left without being questioned or advised that he must remain on site to consume the product. I have also received a similar complaint from an anonymous caller who states that her underage daughter buys her Newport menthol cigarettes there every week.As a licensed smoking bar, this is a very serious and egregious violation of MA state law. Thanks, Bob Collett CAUTION:This email originated from outside of the Town of Barnstable? Do not click links, open attachments or reply, unless you recognize the sender's'.email address and know the content is safe! i Bellaire, Dianna From: Crocker, Sharon Sent: Wednesday,January 15, 2020 5:46 PM To: Bellaire, Dianna nOY-K-L Cc: Crocker, Sharon Subject: Tobacco - Puff the Magic I spoke to owner tonight. Do you have revised paperwork for Tobacco permit now showing C.B. PERKINS LOUNGE AND BAR? ' Owner said all the different divisions have the change. After staff meeting today, sounds like Tom is fine with it... as the corporation/owner is still New Sedgwick. Tom is out of office tomorrow—at MHOA meeting off Cape. Please update the Tobacco database and print a new permit w/new dba BUT please hold until after we show Tom printed permit and get ok again. Thank you. Sharon ' 1 f Town of Barnstable U Board of Health BARN8TABLE. 200 Main Street� Hyannis MA 02601 ` MASS �- 163o. John T.Norman. Office:508-862-4644 Donald A.Guadagnoli,AD FAX: 508-790-6304 Paul J.Canniff,D.M.D. F.P.(Tom)Lee,P.E.,Alternate BOARD OF HEALTH MEETING RESULTS Tuesday, January 21, 2020 3:00 PM James H. Crocker Jr. Hearing Room, Town Hall 367 Main Street, 2"d Floor, Hyannis, MA I. Variance —Septic (Cont.): Michael McGrath, Holmes and McGrath, representing Michael Valerio, owner—24 Tern Lane, Centerville, Map/Parcel 193-048, repair of failed septic system, requesting multiple variances (continued from December 17, 2019 meeting. CONTINUED TO FEBRUARY 25, 2020. The Board voted to grant a continuation to the February 25, 2020 meeting. II. Variance—Septic: A. Robert Perry, Cape Cod Engineering, representing David and Pamela Leclerc—3920 Main Street, Barnstable, Map/Parcel 335-057, 38,248 square feet parcel, failed septic, requesting two variances. GRANTED WITH NO CONDITIONS. The Board voted to grant the variances with no conditions. A note will be given to the septic installer asking to eliminate as many bends as possible in the pipe installation to improve flow (no adjustment in plans will be necessary. B. David Mason representing Michael and Sara Rabideau, owners — 1837 Main Street, West Barnstable, Map/Parcel 216-033, 0.83 acre parcel, failed septic system, requesting multiple variances. GRANTED WITH NO CONDITIONS. The Board voted to grant the variances with no conditions. III. Informal Discussion: John O'Dea, Sullivan Engineering, and Jeffrey Kaschuluk, owner — 58 Wianno Avenue, Osterville, Map/Parcel 141-003. DISCUSSION. The Board members gave their general comments at this time. Mr. Norman said with the intensive use, if a formal plan comes to the Board, he'd want an Innovative/Alternative (I/A) system. Dr. Canniff and Mr. Lee expressed that they would be interested in having the lot used with the current level of flow. Dr. Guadagnoli, as well, was concerned with the level of flow increase. One suggestion was to utilize nitrogen aggregation using another lot within the same zone. IV. Bedroom Discrepancy (Cont.): Page 1 of 2 BOH 01/21/2020 f x- A Henrique Sousa, new owner, and Maureen Shea - 7 Erin Lane, Hyannis, Map/Parcel 291- 017, 2 versus 4 Bedrooms, continued from December 17, 2019 meeting. GRANTED CLASSIFICATION AS A FOUR BEDROOM WITH CONDITIONS. The Board discussed their concerns. The program which Zenas Crocker is currently accepting applicants for was brought up. The pilot program is for the Nitro system and he would be willing to see if they could get into the pilot program and Mr. Crocker's program would help bridge the gap of cost between what is he.d in escrow and the cost of this I/A system. Mr. Crocker believes the ongoing maintenance would be very minimal as it is a standard septic system with an additional tank and with the use of wood chips. The Board voted to approve the four bedroom classification pending the submission and permitting of the Nitro I/A system (pilot program) that reduces nitrogen flow less than 10 mg/liter at the downgradient property line and would be maintained in perpetuity with the property through a deed restriction, or must be reduced to a three bedroom. V. Variance — Food: Raul Fernandez, new owner of The Food Market International, - 163 Barnstable Road, Hyannis, requesting variance for one toilet for food service establishment. GRANTED WITH CONDITIONS. The Board voted to grant the food variance for the toilet facilities with the condition that he will be responsible for the cleaning and maintenance of the bathrooms. VI. Update: Tobacco— Smoking Bar: New Sedwick, Inc., owner of bar, is now doing business as 'C.B. Perkins Lounge & Bar', a change from `Puff the Magic'. VII. Minutes: December 17, 2019 minutes. APPROVED. The Board voted to adopt the minutes with one amendment, Item VI will reflect the motion was seconded by Dr. Guadagnoli. 1 Page 2 of 2 BOH 01/21/2020 Town of Barnstable Public Health Division snaxsrnste. Z 9 MASS. $ 200 Main Street, Hyannis MA 02601 i639 �� �0 MA'S A Office: 508-862-4644 FAX: 508-790-6304 September 10,2019 NOTICE TO ALL OWNERS OF ADULT-ONLY RETAIL TOBACCO STORES Entrance of Persons All owners of adult-only retail tobacco stores are reminded to ensure full compliance with Section 371-1 of the Town of Barnstable Code, which became effective as of July 28, 2019. Specifically,this Section of the Code requires the permit holder to prohibit any and all persons who are under the age of 21 from entering the store at any time. An adult only retail tobacco store is defined as follows: An establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia in which the sale of other products is merely incidental, and in which the entry ofpersons under the age of 21 is prohibited at all times, and maintains a validpermit for the retail sale of tobacco products as required to be issued by the Barnstable Board of Health. To comply with this Section of the Code,you will need to: 1. Station an employee at the front entrance door to check dates of birth(i.e. driver's licenses)of any and all persons before entrance into the store or keep the front entrance door locked until such time an employee is available to the check dates of birth before each customer has the ability to enter the front entrance door into the store and it is suggested you; 2. Post a sign at the front entrance door which reads as follows: `Adult-Only Retail Tobacco Store Persons under the age of 21 years of age prohibited(see suggested sign provided on back of this page).. If you should have any questions, please contact Thomas McKean,Director of Public Health, at(508) 862-4644. LaDM L��OO Persons under the age of 21 are not permitted to enter this establishment � TOWN OF BARNSTABLE MASS. � BOARD OF HEALTH 1639. MR r P . Crocker, Sharon From: McKean, Thomas Sent: Wednesday, September 11, 2019 9:50 AM To: Poyant, Lynne; elizabeth@hyannismainstreet.com; BOb Collett (bcollette@barnstablecounty.org); Spillane, Geoff(gspillane@capecodonline.com);Todd Deluca (todd@hyannis.com); 'advertising@barnstablepatriot.com' Cc: Crocker, Sharon Subject: ANNOUNCEMENT - Workshop Regarding Adult Only Retail Tobacco Stores/ Discussion Topics: Design Standards, Other Products Which May or May Not Be Sold, Discussion of Whether or Not to Establish a Permit Cap ANNOUNCEMENT The Board of Health will be holding a public workshop on Wednesday October 16, 2019 at 4:00 p.m. at the Town Hall, in the second floor Hearing Room, 367 Main Street Hyannis, Massachusetts. Bob Collett, Director of the Cape Cod Regional Tobacco Control Program will be present at the workshop. This workshop is open to the public. The discussion topics will include suggestions regarding design/construction requirements of adult-only tobacco retail stores wherever flavored tobacco products are sold, including nicotine products used in electronic devices and vaping devices. Also to be discussed will be the types of products which may or may not be sold at adult-only tobacco retail stores. Also open for discussion will be whether or not to establish an adult-only tobacco retail store permit cap within the Town of Barnstable. The Board of Health encourages public participation. ---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------- NOTE: Also, approx. one month later, a public meeting of the Board of Health will be held on Tuesday November 19, 2019 at 3:00 p.m.in the Hearing Room at Town Hall, 367 Main Street, Hyannis, Ma. The public is invited to this meeting also. lbw Crocker, Sharon From: Crocker, Sharon Sent: Wednesday, September 11, 2019 2:18 PM To: rckypl212@aol.com' Subject: FW: Puff the Magic FYI From: Crocker, Sharon Sent: Wednesday, September 11, 2019 2:17 PM To: 'Theresa Barbadoro Koppanati' Subject: FW: Puff the Magic We are all set. I was able to reach Rick Patel. Date of Transfer: signing 7/31/09, Operating began 8/1/19 Contact: Ricky Patel Phone: 508-247-7186 Email: rckyp1212@aol.com Mailing Address: Puff the Magic 649 Main Street Hyannis, MA 02601 New Sedgewick Inc stockholders: Anil Diwan and Dawank Patel Mainly sell: cigars (and small amount of cigarettes). Thank you. Sharon From: Crocker, Sharon Sent: Wednesday, September 11, 2019 12:11 PM To: 'Theresa Barbadoro Koppanati' Cc: Bellaire, Dianna Subject: Puff the Magic Attorney Theresa Baradoro Koppanati 781-929-2993 Hello Theresa, Please have the new stockholders send me the following contact information so we can update our files: 1 r Crocker, Sharon From: Theresa Barbadoro Koppanati <TheresaB@bbb-lawfirm.com> Sent: Monday, July 15, 2019 4:25 PM To: Crocker, Sharon Subject: Puff the magic Hi Sharon - in the event you think we still need to do the hearing on the 23rd,the new owners will be Anil Diwan and Dawank Patel. Thanks! CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! Crocker, Sharon From: Theresa Barbadoro Koppanati <TheresaB@bbb-lawfirm.com> Sent: Monday, July 15, 2019 6:25 PM To: Crocker, Sharon Subject: Re: Puff Variance Shareholder is actually the correct term but honestly any of those work! On Jul 15, 2019, at 4:54 PM, Crocker, Sharon<sharon.crockergtown.barnstable.ma.us> wrote: Theresa Koppanati 781-929-2993 Theresa, Did you refer to Anil and Dawank as stockholders.....or stockowners? ` Which is correct reference. Thank you. Sharon From: Theresa Barbadoro Koppanati [mailto:TheresaBCabbb-lawfirm.com] Sent: Monday, July 15, 2019 4:21 PM To: Crocker, Sharon Cc: rcky_p12120aol.com Subject: Puff Variance Hi Sharon - thanks for meeting with me and Ricky today. The seller's Attorney just sent me the attached certificate. Does this negate the need for the hearing? CAUTION:This email originated from outside of the Town of Barnstable! Do not click Finks, open attachments or reply, unless you recognize the sender's email address and know the content is safe! <190715_Town of Barnstable Variance Certificate.pdf> CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! i r now -71z,-TA? I certify that the ventilation system present in Puff The Magic Cigar Lounge is capable of maintaining an outdoor airflow of at least 60 cubic feet per minute, in accordance with the smoking variance granted by the Town of Barnstable. Print Name: 41-'rCIVN Ive C' Signature: Company Name: � S-71 .-4-►`� Date: - �3 j t �1 BOUDREAU & BOUDREAU, LLP 396 NORTH STREET C HYANNIS, MASSACHUSETTS 02601 W a-� ' Y Telephone:(508)775-1085 Telefax:(508)771-0722 s Philip Michael Boudreau m Mark H. Boudreau mark a,boudreau.law.net August 31, 2016 Thomas McKeon, Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 RE: 649 Main Street, Hyannis Puff the Magic Dear Mr. McKeon, As per our conversation this past Spring, I represent James Spindler and New Sedgewick, Inc. in connection with their ownership of a business known as Puff the Magic, located at 649 Main Street in Hyannis. A question came up earlier this year about the potential need from my clients to obtain a Variance from the Board of Health to continue the operation of Puff the Magic as a smoking bar. Upon review of the file and after consultation with the Town Attorney, it is my understanding that you have determined that no such Variance needs to be sought. I thank you for your kind attention to this matter. Sincerely, ark H. Boudreau MHB Cc: James Spindler f j BOUDREAU & BOUDREAU, LLP Id QO/G Attorneys at Law �1al 396 NORTH STREET ttis HYANNIS, MASSACHUSETTS 02601 Philip Michael Boudreau Telephone: (508) 775-1085 Mark H. Boudreau Telefax: (508) 771-0722 E-MAIL: mark@boudreaulaw.net March 23, 2016 Wayne Miller, M.D., Chairman Board of Health Town of Barnstable P.O. Box 534 Hyannis,Ma 02601 RE: Puff the Magic Dear Dr. Miller, I am writing on behalf of James Spindler and New Sedgewick, Inc. relative to a smoking bar variance applicable to Puff the Magic which is a business located at 649 Main Street in Hyannis. It is my understanding that this business has the benefit of such a variance through June 15, 2017. The business has been owned by New Sedgewick, Inc. for over 15 years. David Wood formed New Sedgewick, Inc. and was the owner of the corporation. James Spindler purchased the stock in New Sedgewick, Inc. in 2014 from David Wood. Mr. Wood stayed as the manager until Mr. Spindler took management over in late 2015. All requisite permits required by the Licensing Department have obtained. - Recently Mr. Spindler was notified that he needed to apply for a variance from the Board of Health for a smoking bar as there had been a change of ownership. My client was under the impression that since New Sedgewick, Inc. remains the owner of the business, he did not need to obtain a new variance. I respectfully request that we be added onto your April-i79, 2016 Agenda so that this issue may be discussed. Mark H. Boudreau MHB Cc: James Spindler IL C bit • McKean, Thomas -�-U bL.Af L.&A el From: Weil, Ruth Sent: Thursday, April 07, 2016 9:41 AM To: McKean,Thomas Subject: RE:Tobacco: Puff the Magic The signed document would be controlling, unless the decision was subsequently amended. .K1tth]. Weil Town.Attorney Town of Barnstable 367 Main Street Hyannis, NLN 02601 508-8624620 (telephone) 508-8624724 (fa:%) The information contained in this electronic transmission ("e-mail"),including any attachment (the "Information"), may be confidential or otherwise exempt from disclosure. It is for the addressee only. "This Information may be privileged and confidential attorney work-product or a privileged and confidential attorney-client communication. The Information may also be deliberative and pre-decisional in nature. As such,it is for internal use only. The Information may not be disclosed without the prior written consent of the Town Attorney's Office of the Town of Barnstable. If you have received this e-mail by mistake, please notify the sender and. delete it from your system. Please do not copy or forward.it. Thank you for your cooperation. From: McKean, Thomas Sent: Thursday, April 07, 2016 9:30 AM To: Weil, Ruth Subject: RE: Tobacco: Puff the Magic Hi Ruth, This morning, we found a copy of the letter in the back of the file signed by Dr. Miller,without a condition to come back to the Board if ownership transfers. It appears the condition may have been intentionally removed prior to him signing it. However, the copy saved in our Microsoft Word Q drive database still has the condition shown-we just can't figure out why it is saved that way in our database. From: McKean, Thomas Sent: Wednesday, April 06, 2016 9:59 PM To: Weil, Ruth Subject: Fw: Tobacco: Puff the Magic Ruth Do you recall what the decision was from your Office in regards to Puff the Magic(specifically transfer of ownership) back in 2007? 1 From: McKean, Thomas <Thomas.McKean @town.barnstable.ma.us> Sent: Wednesday, April 6, 2016 9:54 PM To: Crocker, Sharon Subject: Re: Tobacco: Puff the Magic Thank you. From: Crocker, Sharon Sent: Wednesday, April 6, 2016 4:47 PM To: McKean, Thomas Subject: Tobacco: Puff the Magic Tom, I went through my emails back in 2007 to/from Ruth Weil. There were no correspondences between Ruth and I regarding this. I'll attach a copy of the minutes to you. 2 EXCERPT FROM THE BOARD OF HEALTH MEETING MINUTES ON MAY 22, 2007: VI. Variance Renewal — Smoking David Wood, Puff The Magic, 649 Main Street, Hyannis, variance renewal — Section 2.0 Prohibition of smoking regulations, pre-existing smoking bar. David Wood and David Lawler, Attorney at Law, presented historical facts and asked that the stipulation which was added in 2005 at renewal time of no transfer of variance with ownership transfer, be removed. Also, the state now has the establishment report quarterly to them and with the increase in state monitoring they request that the Board extend the variance time frame to a 10-year period. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve renewal for the pre-existing smoking bar for a period of two years expiring May 22, 2008. (Unanimously voted in favor.) The Board will check with the Town Attorney, who was involved in establishing the initial period of two years, to determine if he approves of the variance lasting 10 years, and if so, the BOH decision will be amended to expire May 22, 2017. Also, the Town Attorney will be asked to review the issue of transferring the variance with ownership. If the Town Attorney approves, clarification will be made to allow it without coming before the Board again. Q:/WP/Minutes/Excerpt BOH May 2007 Puff The Magic McKean, Thomas jj f From: Weil, Ruth Sent: Thursday, April 07, 2016 9:41 AM �^. To: McKean,Thomas Subject: RE:Tobacco: Puff the Magic The signed document would be controlling, unless the decision was subsequently amended. / r� Rwh j: Veil Town_attorney Town of Barnstable 367 Main Street Hyannis, NLN 02601 _508-862-4620 (telephone) �08-862-4724 (fcrv) The information contained in this electronic transmission ("e-mail"),including any attachment (the ".Information"), may be confidential or otherwise exempt from disclosure. It is for the addressee only. 'Phis Information may be privileged and confidential attorney work-product or a privileged and confidential attorney-client communication. The Information may also be deliberative and pre-decisional in nature. As such,it is for internal use only. The Information may not be disclosed without the prior written consent of the.Town Attorney's Office of the Town of Barnstable. If you have received this e-mail by mistake, please notify the sender and delete it from your system. Please do not copy or forward it. Thank you for your cooperation. From: McKean, Thomas Sent: Thursday, April 07, 2016 9:30 AM To: Weil, Ruth Subject: RE: Tobacco: Puff the Magic Hi Ruth, This morning, we found a copy of the letter in the back of the file signed by Dr. Miller, without a condition to come back to the Board if ownership transfers. It appears the condition may have been intentionally removed prior to him signing it. However,the copy saved in our Microsoft Word Q drive database still has the condition shown-we just can't figure out why it is saved that way in our database. From: McKean, Thomas Sent: Wednesday, April 06, 2016 9:59 PM To: Weil, Ruth Subject: Fw: Tobacco: Puff the Magic Ruth Do you recall what the decision was from your Office in regards to Puff the Magic (specifically transfer of ownership) back in 2007? 1 ♦A From: McKean, Thomas <Thomas.McKeanC&town.barnstable.ma.us> Sent: Wednesday, April 6, 2016 9:54 PM To: Crocker, Sharon Subject: Re: Tobacco: Puff the Magic Thank you. From: Crocker, Sharon Sent: Wednesday, April 6, 2016 4:47 PM To: McKean, Thomas Subject: Tobacco: Puff the Magic Tom, I went through my emails back in 2007 to/from Ruth Weil. There were no correspondences between Ruth and I regarding this. I'll attach a copy of the minutes to you. 2 BOUDREAU & .BOUDREAU LLP Attorneys at Law Mal � 396 NORTH STREET N HYANNIS, MASSACHUSETTS 02601 tsi .ia Philip Michael Boudreau Telephone: (508) 775-1085 Mark H. Boudreau Telefax: (508) 771-0722 E-MAIL: mark@boudreaulaw.net March 23, 2016 Wayne Miller, M.D., Chairman Board of Health Town of Barnstable P.O. Box 534 Hyannis, Ma 02601 RE: Puff the Magic Dear Dr. Miller, I am writing on behalf of James Spindler and New Sedgewick, Inc. relative to a smoking bar variance applicable to Puff the Magic which is a business located at 649 Main Street in Hyannis. It is my understanding that this business has the benefit of such a variance through June 15, 2017. The business has been owned by New Sedgewick, Inc. for over 15 years. David Wood formed New Sedgewick, Inc. and was the owner of the corporation. James Spindler purchased the stock in New Sedgewick, Inc. in 2014 from David Wood. Mr. Wood stayed as the manager until Mr. Spindler took management over in late 2015. All requisite permits required by the Licensing Department have obtained. _ Recently Mr. Spindler was notified that he needed to apply for a variance from the Board of Health for a smoking bar as there had been a change of ownership, My client was under the impression that since New Sedgewick, Inc. remains the owner of the business, he did not need to obtain a new variance. I respectfully request that we be added onto your Apr-4-t9, 2016 Agenda so that this issue may be discussed. ,4.1a/„ /'0 '. f Thank you for your kind attention to this matter. Sincerely, Mark r" Boudreau MHB Cc: James Spindler I chi Town of Barnstable Board of Health P.O.Box 534,xya=is MA 02601 office: $08-862 4644 Wayne ShMe,M.D. FAX:. 508-7904304 Paul Canniff,DMD nA, 11 �0 Iunirhi Sa-yum8i V" , I / 20/� June 18,_2007 David Wood see/ Puff the Magic 649 Main Street Hyannis, MA 02601 Dear Mr.Wood: On or about May 22, 2007, David Wood filed a request for a variance for a business called "Puff the Magic°located at 649 Main Street, Hyannis, MA,from the provisions of the Town of Barnstable Smoking Prohibition Regulation_ This variance was granted to the same applicant at this same location several times in the past;each time the variance expired, the applicant applied for the same variance. in Mr.Wood's request, he stated that he believes that"Puff the Magic"continues to operate as a pre-existing smoking bar within the meaning of the Board's Regulation. Pursuant to Section VI of the regulation: "(a}ny smoking bar in existence as of the first date of publication of the notice of the public hearing regarding this regulation may apply . for a variance before the Board of Health from this regulation.' Under Section III of the Board's regulation, a smoking bar is defined as: "An establishment whose business is primarily devoted to the selling.of tobacco products for consumption by patrons on the premises and in which the serving of limited foods are incidental to the consumption of such products. An establishment which serves full meals is not considered a"Smoking Bar°for the purposes of this regulation. An establishment which serves appetizers and snacks may be considered a`Smoking Bar for-the purposes of this regulation.' On April 16, 2000, a public hearing was opened before the Barnstable Board of Health, at which time the applicant was given ah opportunity to provide the Board with information in support of.the request- The applicant testified that 66% of its sales were from cigars;4%from cigarettes,4%from humidors, 5%from lighters, 1%from cutters, 2%from accessories, 14%from beverages and 4%from other. 'these sales figures were unchanged from the submitted information presented to the Board two years ago. The applicant also confirmed that a portion of its tobacco sales represented"retail"sales that did not involve consumption on the premises. Also,the applicant stated that the only food.served on the premises were appetizers. Q3WPFIL- aNWM&nffth NbS c2007.doc i According to the records of the Board of Health, Puff the Magic first received a permit as a retail.food establishment on April 30, 1998. When questioned, the applicant stated that the total approved seating and standing capacity of Puff the Magic as of the date of the first'date of publication of the notice of public hearing of the Board's regulation was twenty-one(21). Mr. McKean testified that the applicant complied with all of the conditions one (1) through five (5)of the previously granted variance as follows: (1) •The applicant hired an HVAC ventilation engineer to design and install a mechanical ventilation system for this establishment based upon the occupant. Toad with an outdoor airflow of at least sixty(60)cubic feet per minute (CFM), in accordance with the 1993 BOCA mechanical code. (2) The effectiveness of the ventilation system was certified by an HVAC engineer. (3) The ventilation system meets the specifications of condition#1 above and was installed and in operation as certified by a HVAC engineer within 90 days of the March 20, 2000 variance. (4) The seating and standing capacity remained at twenty-one(21)maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public hearing of the Board's regulation. (5) The applicant posted a warning sign at the primary entrance which reads: "This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation.' Based on the information presented,the Board finds that the applicant has shown that Puff the Magic is a smoking bar within the meaning of its regulation. The information presented demonstrates that appro)amately 70%of its total sales were from tobacco products and an additional 12%of sales were attributed to the sale of tobacco-related accessories. The Board finds that the statistics presented did not distinguish the tobacco sales that were for consumption on the premises from those sales that were to be consumed elsewhere. The Board finds that as of the first date of publication of the notice of the public hearing conceming the Board's regulation, the applicant had a total seating and standing capacity of 21. Based upon the evidence presented, you are granted a variance from the Town of Barnstable Board of Health Smoking Prohibition Regulation,dated February 10, 2000, This variance authorizes you to continue you to provide indoor smoking areas at Puff the Magic, located at 649 Main Street, Hyannis,subject to strict compliance with the following conditions: (1) The applicant shall maintain the mechanical ventilation system for this establishment and ensure that it continues to operate at the rate based upon the occupant load with an outdoor airflow of at least tbdy(60) cubic feet per minute (CFM), in accordance with the 1993 BOCA mechanical code. QAWPFR.MWoodPuffI:hdI*c2OO7.doc (2) The effectiveness of the ventilation system:shall be regularly checked by a HVAC engineer or other certified HVAC specialist. (3) The seating and standing capacity shall remain at twenty-one (21) maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public bearing of the Board's regulation. No additional seats are authorized. (4) The applicant shall maintain the posted warning sign at the primary entrance which reads:'This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation." S rely yo , Wayne ler, M.D.. Chairm Board of Health Town of Barnstable r QAWPFR.MWOX?uff&-�a7-dm r (2) The effectiveness of the ventilation system.shag be regularly checked by a HVAC engineer or other certified HVAC specialist. (3) The seating and standing capacity shall remain at twenty-one.(21) maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public hearing of the Board's regulation. No additional seats are authorized. (4) The applicant shall maintain the posted warning.sign at the primary entrance which reads:q his establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation! S rely yo , Wayne ler, M.D. Chairm Board of Health Town of Barnstable �I Page 1 of 7 Town of Barnstable �pFSHE Tp� Board of Health h�P ti� 200 Main Street, Hyannis MA 02601 * BARNSCABLE, ' y MASS. 0 �p 1639. 10 ArE0 MAC A Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul J.Canniff,D.M.D. Junichi Sawayanagi BOARD OF HEALTH MEETING MINUTES Tuesday, May 22, 2007 at 3:00 PM Town Hall, Hearing Room 367 Main Street, Hyannis, MA I. Hearing: Tobacco violations as reported by Bob Collette of Barnstable County Tobacco Control. A. Show Cause Hearing: 7-11 Store No. 25161 B, 210 North Street, Hyannis — Second Offense, tobacco products sold to a minor. Bob Collette read the violation. The owner was not present at this time. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to issue a $100 fine for the second offense. (Unanimously voted in favor.) Mr. Haq Nawaz did appear later in the meeting. He acknowledged it was their error as he and his wife were handling the sale at the same time and thought the other had requested the ID. . B. Hearing: Sea Street Market, 231 Sea Street, Hyannis — First Offense, tobacco products sold to a minor. Jennifer Cullen, owner of Sea Street Market, asked for a change in procedure. She asked for a form or letter be left at the time of inspection for the manager. Bob Collette said he believes managers may never receive it from the staff but is willing to do this. He will do a quick version of the report and leave the form at the time of inspection. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to issue a warning. (Unanimously voted in favor.) II. Hearing: i Page 2 of 7 Charles Hamblin, owner— 1726 Santuit-Newtown Road, Cotuit, applicant is requesting permission to accept grass and leaves at premises. Charles Hamblin was present and stated he has been accepting grass and leaves at the premises for 40 years and upon delivery of leaves, he grinds them up first, and no odor is produced. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to continue with no finding until.Oct 9, 2007 meeting and an inspector will go out two times during this period to see whether there are issues. If issues are found, the Board will provide guidance to correct the problem, and, if there are not any issues, the Board will approve the continuation. (Unanimously voted in favor.) III. Hearings — Housing (New): A. POSTPONED TO JUN 12 BOH MEETING per owner's request. Raineria Laftsidis, owner, 365 Scudder Avenue, Hyannis — Driveway width greater than allowed per Town ordinance. B. John Leggiero, owner, 8 Sandy Valley Road, Marstons Mills — No balusters provided on deck. John Leggiero called the Health Department to say he had put additional soil under the deck to meet the requirements. A health inspector will be sent to verify. The owner stated the property will not be used as a rental and is being sold. C. Donna and Jeff Weber, owners, 118 Scudder Avenue, Hyannis — railing on deck. Donna and Jeff Weber had requested a postponement until July 10'meeting. The Board felt that the situation was too critical to wait until July as the deck is on the second floor. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted on the approval of the variance. (Unanimously DENIED) Ordered to keep the door to the deck locked from renters and their visitors until requirements are met within 30-days. Mr. McKean will send out an order letter stipulating guard rails and balusters be provided to meet the regulations with a 30-day deadline. D. Elizabeth Nilsson, owner, 2420 (aka 2416) Meetinghouse Way, West Barnstable — Insufficient ceiling height. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variance. (Unanimously voted in favor.) Page 3 of 7 E. Charles Rogers, Trustee, Maxwell Nominee Trust, 464 Ost-West Barnstable Rd, Marstons Mills — Insufficient ceiling height. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the variance. (Unanimously voted in favor.) IV. Variance Requests (Cont): A. David Crispin, P.E., P.L.S., BSC Group representing Dr. Nathan Rudman, 40 Waterman Farm Road, Centerville, 18.2 acre lot, new construction, six bedrooms proposed, multiple variances requested in regards to setbacks to wetlands and coastal bank (continued from BOH Meeting Mar'07). David Crispin, Norman Hayes, and Myer Singer presented data. The new engineered plans are for five bedroom and were just received May 21, 2007 and the Board would like opportunity to have the staff review the plans and give their comments. The Board had been out to a site visit on May 21, 2007. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to continue the item until July 10, 2007 Board of Health. (Unanimously voted in favor.) (Later, applicant changed request to have it continued to Jun 12, 2007 meeting.) B. David B. Mason for Catherine and Peter Murray — 336 Holly Point / 39 Vine Street, Centerville — three variances, Sec 15.211 SAS to property line 5 feet, 360-1 SAS to wetland 50 feet, 360-1 septic tank to wetland 33 feet. (continued from BOH meeting Mar '07). David Mason presented his plan. Abutter, Vivian M. Cress, 326 Holly Point had a letter read into minutes requesting postponement as she has been away and would like engineer to review plan. She is concerned septic is too close to her property and is concerned whether there will be a place available for her if she needs a new septic later. The applicant has been working with the Board since Dec 2006 and feels they should not be held up any longer. The Board explained there will be room available for a new septic system on 326 Holly when, and if needed, before sewer. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the variances with the condition of using a monolithic tank to be done within a two-year period. (Unanimous vote in favor.) V. Variance Requests (New): A. Arlene Wilson, A.M. Wilson Associates representing Elaine Robin, Trustee, Robin Family Realty Trust— 386 Shootflying Hill Road, Centerville, 2.1 acre lot— two variances from setback of 100 feet from wetland (BVW). Arlene Wilson presented the plan. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the variances with the condition of using a monolithic tank. (Unanimous vote in favor.) , Page 4 of 7 B. Falmouth Engineering representing Thomas and Rosemary O'Keefe — 22 Clamshell Cove Road, Cotuit, requesting two variances for septic repair. Michael Borselli, Falmouth Engineering, and owner, Thomas O'Keefe, were present. The variances are: 1) new SAS would be 80 feet from the top of the coastal bank instead of 100 feet, and 2) new septic tank would be 54 feet from the top of the coastal bank instead of 100 feet. The location is not close to wetlands, groundwater, or coastal banks in a way that the Board would be concerned with erosion. The I/A system is above and beyond the requirement. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve with the following conditions: 1) a four (4) bedroom deed restriction, 2) an I/A system and 3) a monitoring plan done quarterly for two years. (2 voted to approve, Dr. Canniff abstained.) VI. Food Establishment Variance Requests (New): A. Caffe Gelateria Bertini, 20 Pearl Street, Hyannis, grease trap variance. Alexandra Bertini was present. As a new establishment, the touchless faucets are required. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the under sink grease trap, size to be determined by the plumbing inspector and limited to the submitted menu. (Unanimously voted in favor.) B. Roger Ghanem, Craigville Beach Grill, 974 Craigville Beach Road, Centerville, three variances. Roger Ghanem, owner, and neighbor, Tony Ninabachi, spoke. The variance for an air curtain is not applicable at this location. Upon a motion duly made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve the variance for one toilet facility. (Unanimously voted in favor.) Upon a motion duly made by Dr. Canniff, made by Mr. Sawayanagi, the Board voted to grant a variance from installing anything under the dumpster. (Unanimously DENIED because it is a federal rule requiring an impervious material used under the dumpster and is outside of the Board of Health jurisdiction.) VII. Variance Renewal — Smoking David Wood, Puff The Magic, 649 Main Street, Hyannis, variance renewal — Section 2.0 Prohibition of smoking regulations, pre-existing smoking bar. David Wood and David Lawler, Attorney at Law, presented historical facts and asked that the stipulation which was added in 2005 at renewal time of no transfer of variance with ownership transfer, be removed. Also, the state now has the establishment report Page 5 of 7 quarterly to them and with the increase in state monitoring they request that the Board extend the variance time frame to a 10-year period. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve renewal for the pre-existing smoking bar for a period of two years expiring May 22, 2008. (Unanimously voted in favor.) The Board will check with the Town Attorney, who was involved in establishing the initial period of two years, to determine if he approves of the variance lasting 10 years, and if so, the BOH decision will be amended to expire May 22, 2017. Also, the Town Attorney will be asked to review the issue of transferring the variance with ownership. If the Town Attorney approves, clarification will be made to allow it without coming before the Board again. Vill. Body Art Applicant: �'����`' Jackie Lynn Connolly -Application for Body Art to operate at Ga�e Cod Tattoo at 701 Main Street, Hyannis. Upon a motion made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Jackie Lynn Connolly for a Body Art Permit. (Unanimously voted in favor.) IX. Lifeguard Modification Request: Jessica Maguire - Willy's West (Gym), 865 Attucks Lane, Hyannis. Upon a motion made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Willy's West (Gym) for a Lifeguard Modification with the condition that they are restricted for pool use by adults only and request they submit all the CPR certificates of staff to the Public Health Division. (Unanimously voted in favor.) X. Discussion: A. Cotuit Meadows Subdivision (a.k.a. Scrimshaw Village), 9999 Falmouth Road (Rte. 28), Cotuit, 50 acres. Matthew Eddy, Baxter Nye Engineering presented the plan. The Board approved the plan which will be sent to DEP for an application of the shared system. They are looking to begin phase 1 of the project. B. Dumpster Screening at pre-existing establishments— Cynthia Cole, Executive Director, Hyannis Main Street (BID). Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board approved a six-month moritorium to be continued at the November 13, 2007 agenda. (Unanimously voted in favor.) Cynthia Cole is currently looking at cedar fencing costs. They will come back to the Board with a definitive plan (bids, time frames, etc.) at that time to enable the fences to be completed by the summer of 2008. C. Percolation tests and soil evaluations for local upgrade approvals. A letter from David Coughanowr, septic designer, was read into the minutes. In the letter, he recommended making use of soil evaluators or other town's health inspectors f I' Page 6 of 7 to supplement the schedule for percolation tests. Also, he recommended the possibility of using our town's health inspector's during off hours at an additional fee. John O'Day, Sullivan Engineering, suggested the option of using a sieve test instead of a witnessed percolation test. Title V allows it to be used if the findings fall within a certain parameter. Dr. Miller said we would have to discuss with the Town (Finance) setting up a separate account for handling the overtime fee if the Board chooses the option of an increased fee for overtime/weekend schedules. This would eliminate the fee from coming out the department's regular payroll. Dr. Miller feels the $150 fee is too low to cover the cost, but feels $200 may cover it. Mr. McKean will recalculate the costs. The Board agreed to take the proposals under advisement. D. Request for permission to grant variances at counter for setbacks to property line, five feet or greater. No. Not at this time unless it is an emergency repair. For emergency repairs, it can be approved and would come back before the Board. It is a state requirement and, thus, it needs to be heard by the Board. E. Peter Doyle, Town of Barnstable, Water Pollution Control Division — permission for herbicide application. Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve the applicant's request for permission for herbicide application for a period of five years. (Unanimously voted in favor.) F. Request to increase the percolation test fee to $150 for night-time and week- end percolation. The Board determined the $150 proposed fee was too low to cover costs for such a project of working night-time shifts and weekends, and will consider approval of a $200 fee. XI. Massage License Applicant: A. Kirsten Cahoon — Proposes to practice massage therapy in the Town of Barnstable. Upon a motion made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted to approve Kirsten Cahoon for a Massage Therapist License. (Unanimously voted in favor.) B. Jennifer Claire Gillis — Proposes to practice massage therapy in the Town of Barnstable. Upon a motion made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Jennifer Claire Gillis for a Massage Therapist License. (Unanimously voted in favor.) l I Page 7 of 7 C. Elizabeth Keating Hill — Proposes to practice massage therapy in the Town of Barnstable. Upon a motion made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Elizabeth Keating Hill for a Massage Therapist License. (Unanimously voted in favor.) D. Amy Welch Rollins — Proposes to practice massage therapy in the Town of Barnstable. Upon a motion made by Mr. Sawayanagi, seconded by Dr. Canniff, the Board voted to approve Amy Welch Rollins for a Massage Therapist License. (Unanimously voted in favor.) Voted to Adjourn. Tle Commonwealth of M ssachusetts Department of Revenue A Audit Division °W 200 Arlington St., Room 4300 HENERY DORMITZER Chelsea, MA 02150 COMMISSIONER LAURIE MCGRATH DEPUTY COMMISSIONER July 11, 2007 New Sedgewick Inc. d/b/a Puff The Magic Attn: David W. Wood 649 Main Street Hyannis, MA 02601 Dear Mr. Wood; Enclosed please find your renewal for a smoking bar permit authorizing New Sedgewick Inc./d/b/a Puff'The Magic to operate as a smoking bar(in accordance with M.G.L. chapter 270) at 649 Main Street, Hyannis, MA 02601, effective April 29, 2007. The Bureau of Desk Audit, Cigarette Excise Unit, is in receipt of your Smoking Bar Quarterly Declaration(Form SBQD) for the period ending April 25, 2007. After reviewing Form SBQD and documentation submitted it has been determined that your sales of tobacco products are equal to or greater than 51%of the total combined revenues generated by the sale of tobacco products, food and beverages. Therefore you may continue to operate as a Smoking Bar. Your next quarter will.be from April 26, 2007 through July 25, 2007. Form SBQD will be due on or before August 14, 2007. Sincerely, Michael J. Lividoti Chief of Bureau Bureau of.Desk Audit ML:cs cc: Town of Barnstable The ommonwealth of Massachusetts Department of Revenue ' Audit Division 200 Arlington R, Room 4300 HENRY DORMITZER Chelsea, MA 02150 COMMISSIONER LAURIE MCGRATH DEPUTY COMMISSIONER July 11, 2007 Susan G. Rask Chairperson Board of Health Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Smoking Bar Permit Dear Ms. Rask: I am writing to notify you, pursuant to Massachusetts General Laws Chapter 270, § 22(h)(a)(4), that the.Massachusetts Department of Revenue has renewed a smoking bar permit (0004)to New Sedgewick Inc., doing business as Puff The Magic located at 469 Main Street in Hyannis. The permit was issued as of April 28, 2007 and is valid for a period of two years from. that date,unless earlier suspended or revoked. Please call me at 617-887-6707 if you have any questions. Very truly yours, Michael J. doti Chief # , Audit Division cc: New Sedgewick Q' - r— o r1n �OFtHE 1p�� - DATE: yP �� ` FEE: * BARNSTABLE, y MASS. g 059. REC. BY Town of Barnstable S CHED. DATE: Board of Health 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Wayne A.Miller,M.D. FAX: 508-790-6304 Paul J.Canniff,D.M.D. VARIANCE REQUEST FORM LOCATION p, Property Address: 6 / N),) .S T Assessor's Map and Parcel Number: Size of Lot: Wetlands Within 300 Ft. Yes Business Name: No Subdivision Name: APPLICANT'S NAME: /i/1' uo C/( /k Phone G -7 1 6 6 D_i/d he wwDer of/theTproperty^auuthorize you to represent him or her? Yes " No PROPERTY OWNER'S NAME CONTACT PERSON # _ Name: /� U �/� ice)O o 2) Name: G y 9 JM X -- Address: �') /✓ ,Od/.0/S Address: Phone: 5�6 (;C —2-7 0 Phone: VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more lace needed); /X -5 C?ia N Z.C7 gaH NAS DFi—,—e M)/V ED FIM 1r6 9/- pPRO/Di9) NATURE OF WORK: House Addition ❑❑❑❑❑❑ House Renovation ❑ Repair of Failed Septic System 0 Checklist (to be completed by office staff-person receiving variance request application) Please submit copies in 4 separate completed sets. _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/leasee only], outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Wayne Miller,Chairman NOT APPROVED Paul J.Canniff,D.M.D. REASON FOR DISAPPROVAL Q:\Application Forms\VARIREQ.DOC *' MAIL-IN REQU ES Please mail the completed variance application form to the address below. Also include four copies of engineering plans, house plans, authorization letter, etc (see check-list below). In addition, please include the required fee amount (see fees at bottom of this page). Make $85.00 check payable to: Town of Barnstable. Our mailing address is: Town of Barnstable Public Health Division 200 Main Street Hyannis, MA 02601 Checklist _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ $85.00 variance request application fee (no fee for lifeguard modification renewals, grease trap variance renewals [same owner/leasee only], outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date FOR FAXED REQUESTS Our fax number is (508) 790-6304. Please fax a completed application form. Also, you must mail the required $85.00 fee. Please make the check payable to: Town of Barnstable. The check must be mailed to the address listed above. In addition, please mail four copies of engineered plans, house plans, authorization letter, etc. (see check-list below): Checklist _ Four(4)copies of engineered plan submitted(e.g.septic,system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ $85.00 variance request application fee (no fee for lifeguard modification renewals, grease trap variance renewals [same owner/leasee only], outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems[only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date For further assistance on any item above, call (508) 862-4644 Back to Main Public Health Division Page !� �ptHE►per • I1TE: 7 FEE: BARNsTABLE, � taws,039. REC. BY AIFo MA�e, OWYI Of T Barnstable,.. DATE: Board of Health 200 Main Street,Hyannis MA 02601 Office: 508462-4644 Susan 0.Rask,R.S. FAX: 508 790-6304 Sumner Kaufman,M.S.P.H. Wayne A Miller,M.D. VARIANCE REQUEST FORM LOCATION � / Property Address: y /v I..4 Assessor's Map and Parcel Number: Sized Lot: Wetlands Within 300 Ft. Yes Business Name: No Subdivision Name: c APPLICANT'S NAME: �� f/ (.`(� t-cJ OC L7� Phone 7(D � 7 / � / O Did the owner of the property authorize you to represent him or her? Yes 4— No PROPERTY OWNER'S NAME CONTACT PERSON Name: (/ ( � (� ) Name: Address: 1 6' C9jq uJ ( C—e Address: -- Phone: O Lf 2—® 2� Phone: VARIANCE FROM REGULATION(List Reg) REASON FOR VARIANCE(May attach if more space needed) - 1 )( �C T r o�v Z, c9D � E3`— r(Zf�f VL-- ( �y✓j �QDff (g /o�/ � fl �LC��✓6� rN � ° �DGJ�rop—�f�Ly� k- ir�N S NATURE OF WORK House Addition Q House Renovation ❑ Repair of Failed Septic System ❑ Checklist(to be completed by office staff-person receiving variance request application) _ . Four(4)copies of the completed variance request form Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent himther for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's.expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ Variance request application fee collected (no fee for .lifeguard modification renewals, grease trap variance renewals [same bwnerAeasee only],outside dining variance renewals{same owner/ieasee only],and variances tb repair failed sewage disposal systems [only if no expansion tti the building proposed]) _ Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan 0.Rask,RS.,Chairman NOT APPROVED SumnerKaufinan,MS.P.EL REASON FOR DISAPPROVAL Wayne A.Miller,M.D. Q:\HEALTH\Application Forms\VARIRRQ•DQC 0 MAIL-IN REQUESTS Please mail the completed variance application form to the address below. Also include four copies of engineering plans, house plans, authorization letter, etc (see check-list below). In addition, please include the required fee amount (see fees at bottom of this page). Make $85.00 check payable to: Town of Barnstable. Our mailing address is: Town of Barnstable Public Health Division 200 Main Street Hyannis, MA 02601 Checklist _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ $85.00 variance request application fee(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/leasee only], outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date FOR FAXED REQUESTS Our fax number is (508) 790-6304. Please fax a completed application.form. Also, you must mail the required $85.00 fee. Please make the check payable to: Town of Barnstable. The check must be mailed to the address listed above. In addition, please mail four copies of engineered plans, house plans, authorization letter,etc. (see check-list below): Checklist _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ $85.00 variance request application fee(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/leasee only], outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date For further assistance on any item above, call (508) 862-4644 Back to Main Public Health Division Page r�G U/+/-9- /A �PIPA CZ `rt/ as -7-f-4 Y rr 4X 7- D,,41 9' A4 9-4 i v °FTC ra,, Town of Barnstable Regulatory Services ' w w « BARNBrABLE, • y MA99. Thomas F. Geiler,Director rEo �" Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 STABLE PERMIT APPLICATION $25.00......no horses(zero) FEE: $50.00.....one to five horses $75.00......six to ten horses $100.00....eleven or more horses Date of Application: Name: Address: Phone: Lot Size: Average No. of Horses/Ponies: Stable size and construction: USE REVERSE OF SHEET FOR DIAGRAM If stabling horses owned by someone else other than applicant, list names, addresses, and number of horses/ponies: DATE OF INSPECTION ZONING LICENSE AND APPROVAL INSPECTOR APPROVAL DATE NO. 779 Commonwealth of s.vchusetts 4 Department of Revenue ' Audit Division 200 Arlington St., Room 4300 ALAN LEBOVIDGE Chelsea, MA 02150 COMMISSIONER FREDERICK A. BEEBE N DEPUTY COMMISSIONER � April 28,2005 u+ Susan G.Rask Chairperson Board of Health : n Town of Barnstable 200 Main Street w Hyannis,MA 02601 p m Re: Smoking Bar Permit Dear Ms. Rask: I am writing to notify you, pursuant to Massachusetts General Laws Chapter 270, § 22(h)(a)(4), that the Massachusetts Department of Revenue has issued a smoking bar permit (0004) to New Sedgewick Inc., doing business as Puff The Magic located at 469 Main Street.in Hyannis. The permit was issued as of April 28, 2005 and is valid for a period of two years from that date, unless earlier suspended or revoked. Please call me at 617-887-6707 if you have any questions. Very truly yours, Michael J. Li oti Chief Audit Division cc: 7*,e *Commonwealth of falchus etts 4 W Department of Revenue ' Audit Division 200 Arlington St., Room 4300 �c o,,M SVg" ALAN LEBOVIDGE Chelsea, MA 02150 COMMISSIONER 6- FREDERICK A. BEEBE DEPUTY COMMISSIONER April 28,E2005 ` New Sedgewick Inc. , d/b/a Puff The Magic Attn: David W. Wood 649 Main Street � r`n Hyannis, MA 02601 , Dear Mr. Wood; Enclosed please find a smoking bar permit authorizing New Sedgewick Inc./d/b/a Puff The Magic to operate as a smoking bar (in accordance with M.G.L. chapter 270) at 649 Main Street, Hyannis, MA 02601, effective April 25, 2005. Please be aware that this permit is contingent upon your quarterly declarations confirming that , you have met the fifty-one percent requirement. Your.next quarterly declaration is for the period April 28, 2005 through July 27, 2005 and should be mailed to Massachusetts Department of Revenue, Cigarette Excise Unit, 200 Arlington Street, Room 4300, Chelsea, MA 02150 attn: Carmine Santoro. Note the declaration is due by the twentieth day following the end of the preceding quarter (in this instance,by August 16, 2005.) Massachusetts General Laws chapter 270, section 22 requires that a smoking bar post "in a clear and conspicuous manner" signs at all entrances that warn persons entering the smoking bar that smoking may be present on the premises, of the health risks associated with secondhand smoke, and that no one under the age of 18 may enter the premises. Approved signs and templates for signage design may be obtained from the Massachusetts Department of Public Health, 250 Washington Street, Boston, MA 02108-4619, or from your local Board of Health. Sincerely, Michael J. Li i oti Chief Bureau of Desk Audit MJL:cs CC: Hyannis Board of Health - I °p THE Town of Barnstable " B" ` Board of Health 9 ass. MASS. �, i639• �� iOrEo �a 367 Main Street,Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-775-3344 Ralph A.Murphy,M.D. Sumner Kaufman,MSPH March 31, 2000 David Wood Puff the Magic 649 Main Street Hyannis, MA 02601 Dear Mr. Wood: On February 15, 2000, David Wood and Valerie McIntosh filed a request for a variance for a business called "Puff the Magic" located at 649 Main Street, Hyannis, MA, from the provisions of the Town of Barnstable Smoking Prohibition Regulation, which was adopted by the Board of Health on February 10, 2000 and becomes effective April 3, 2000. In your request you stated that you believed that "Puff the Magic" was a pre- existing smoking bar within the meaning of the Board's Regulation. Pursuant to Section VI of the regulation: "[a]ny smoking bar in existence as of the first date of publication of the notice of the public hearing regarding this regulation may apply for a variance before the Board of Health from this regulation." Under Section III of the Board's regulation, a smoking bar is defined as: "An establishment whose business is primarily devoted to the selling of tobacco products for consumption by patrons on the premises and in which the serving of limited foods are incidental to the consumption of such products. An establishment which serves full meals is not considered a "Smoking Bar" for the purposes of this regulation. An establishment which serves appetizers and snacks may be considered a "Smoking Bar" for the purposes of this regulation." On March 20, 2000, a public hearing was opened before the Barnstable Board of Health, and was continued until March 23, 2000 at which time the applicant was given an opportunity to provide the Board with information in support of the request. The applicant presented information indicating that in 1999, 66% of its sales were from cigars; 4% from cigarettes, 4% from humidors, 5%from lighters, 1% from cutters, 2% from accessories, 14% from beverages and 4% from other. The applicant confirmed that a portion of its tobacco sales represented "retail" sales that did not involve consumption on the premises. The applicant stated that the only food served on the premises were appetizers. According to the records of the Board of Health, Puff the Magic first received a permit as a retail food establishment on April 30, 1998. When questioned, the applicant stated that the total approved seating and standing capacity of Puff the Magic as of the date of the first date of publication of the notice of public hearing of the Board's regulation was 21. a wood ri "{ Il Based on the information presented, the Board finds that the applicant has shown that ' Puff the Magic is a smoking bar within the meaning of its regulation. The information ` presented demonstrates that approximately 70% of its total sales were from tobacco products and an additional 12% of sales were attributed to the sale of tobacco-related - accessories. The Board finds that the statistics presented did not distinguish the tobacco sales that were for consumption on the premises from those sales that were to be consumed elsewhere. The Board finds that as of the first date of publication of the notice of the public hearing concerning the Board's regulation, the applicant had a total seating and standing capacity of 21. Based upon the evidence presented, you are granted a variance from the Town of Barnstable Board of Health Smoking Prohibition Regulation, dated February 10, 2000. This variance authorizes you to provide indoor smoking areas at Puff the Magic, located at 649 Main Street, Hyannis, subject to strict compliance with the following conditions: (1) You shall hire a HVAC ventilation engineer to design a mechanical ventilation system for this establishment. The ventilation system shall be designed based upon the occupant load with an outdoor airflow of at least sixty (60) cubic feet per minute.(CFM), in accordance with the 1993 BOCA mechanical code. (2) The effectiveness of the ventilation system must be certified by a HVAC engineer in a written report. The applicant shall submit a copy of the written 1 report to the Board of Health within 90 days (before July 3, 2000). (3) The ventilation system which meets the specifications of condition #1 above shall be installed and in operation as certified by a HVAC engineer within 90 days (on or before July 3, 2000). (4) The seating and standing capacity shall remain at twenty-one (21) maximum, which was the approved capacity of your establishment on the first date of publication of the notice of public hearing of the Board's regulation. No additional seats are authorized. (5) The applicant shall post a warning sign at the primary entrance which reads: "This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation." (6) This variance expires in two (2) years on April 3, 2002. Sincerely yours, usan G. Ra R.S. Chairperson Board of Health Town of Barnstable SG R/bcs wood FIHE TaY,� DATE: 2 FEE: 00 * BARNSTABLE. 9 MASS. �A iGgq' ��� REC. BY /!� A Town of Barnstable SCHED. DATE: / �O Board of Health 3)67 Main Street, Hyannis MA 02601 Office: 508-8624644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H. Ralph A.Murphy,M.D. _VARIANCE REQUEST FORM LOCATION -1 t5 A4"f Property Address: �n � 14.411V f /Uy IV N >S /zi,4 o Z 6 6 1 Assessor's Map and Parcel Number: Size of Lot: Wetlands Within 300 Ft. Yes Business Name: No Subdivision Name:APPLICANT'S NAME: �� i11, (�00 �(1/1 /QI�_ t�Phone A17 roy o�1 0 O Did the owner of the property authorize you to represent him or her? Yes No PROPERTY OWNER'S NAME CONTACT PERSON Name: Owl Gj O o DIVI1 L- r_'/1 i�/`/I /4of � ame: l '1 , Address: /,/ f C,6-1"J 1 A Address: ✓ ell r> --."04V-,(H, 100 0 2 ,16 Phone: 5"'o9 y 2 O E Z Y-4 Phone: .r VARIANCE FROM REGULATION(List Res.) REASON FOR'VARIANCE(May attach if more space needed) 1 X 5LZ7/Or1� 2•c�� fgl, C om P4 y W l-rw f/=C J✓ rvtitb '>toJ6 a r Checklist(to be completed by of staff-:person receiving variance request application) Four(4)copies of engineered plan submitted(e.g.septic system plan* Four(4)copies of floor plan submitted(e.g. house plans or restaurant kitchen plans j Signed letter stating that the property owner authorized you to represent him/her for this request Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense(for Title V and/or local sewage regulation variances only- Full menu submitted(for grease trap variance requests only-). Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/lessee only],outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems[only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G. Rask,R.S., Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. REASON FOR DISAPPROVAL Ralph A. Murphy,M.D. Q:/WP/VARIREQ f Puff Me Mag?c A div. of New Sedgewick, Inc. 649 Main St. Cape Cod Mall Independence Mall / mmmm Hyannis,MA 02601 Hyannis,MA 02601 101 Independence Mal Tray � 508-771-9090 508-7715039 Kingston,MA 02364j 781-585-3603 888-874-CIGAR FAX 508-790-4023 www.pufflhemagic.com Friday, May 5, 2000 Town of Barnstable Board of Health 367 Main St. Hyannis, MA 02601 RE: VENTILATION Dear Ms. Rask Enclosed please find a letter from Bayside Energy Systems. This letter is to show that I have complied with condition I (hiring an engineer to design a system) of your variance letter dated Mar.31,2000. A letter verifying the effectiveness of the system and varifying installation will be sent beforeJuly 3,2000 in compliance with paragraghs 2&3. Sincerely, David M. mood& Valerie McIntosh i BAYSIDE ENERGY SYSTEMS 431 OLD CHATHAM RD SOUTH DENNIS,MA 02660 508-385-7444 4/21/00 Project: HVAC RENOVATION FOR PUFF THE MAGIC BARNSTABLE BOARD OF HEALTH This letter is to certifyto the Barnstable Board of Health h h that proposed system as outlined below will permit PUFF THE MAGIC to comply with the variance that will take effect on July 3, 2000. The occupancy for this establishment as set forth by the governing authority has been set at twenty one (21). The ventilation rate per occupant as set forth by the Barnstable Board of Health shall be sixty cubic feet per minute (60 CFM). 21 occupants X 60 CFM= 1260 CFM required ventilation The proposed ventilation system when operating at full capacity shall be capable of exhausting 1449 CFM from the building and introducing an equal amount of outside air into the space. The exhaust fan unit shall be located in the smoking lounge area so that when the system is placed into operation it will create a negative pressure zone thereby preventing any environmental tobacco smoke from migrating to any other part of the building. It should also be noted that all HVAC systems servicing PUFF THE MAGIC are dedicated to those spaces only and will not transfer any contaminants to any other part of the building. Sincerely yours, 0 t9� Scott G is 5a, CIE BESYSTEMS r o HOUSE OF REPRESENTATIVES STATE HOUSE, BOSTON 02 1 33-1 054 4M 5 ey`oW DEMETRIUS J. ATSALIS Committees: REPRESENTATIVE Banks and Banking 2ND BARNSTABLE DISTRICT Commerce and Labor Judiciary ROOM 167, STATE HOUSE TEL. (617)722-2692 DISTRICT OFFICE: FAX (617)722-2846 45 BARNSTABLE ROAD E-Mail: HYANNIS. MA 02601 Rep.DemetriusAtsalis @ hou.state.ma.us TEL. (508)771-5422 FAX (508)790-8755 March 5, 2002 MICHAEL KARATH CHIEF OF STAFF Susan Rask, Chairman JOHN HORGAN Board of Health LEGISLATIVE RESEARCHER Town of Barnstable 367 Main St. Hyannis, MA 02601 Dear Chairman Rask and Board Members, I wish to express my strong support for Puff the Magic's application for renewal of its variance from the town's smoking bylaw. Failure to renew this variance would put this local enterprise out of business. Puff The Magic has worked in good faith with the board in making requested.adjustments,..such,as,installing a ventilation system to the specifications outlined by the board. Also, signage has been posted; as,per request of the board, warning of the danger of second-hand smoke. In closing,Puff The Magic has been a welcome addition to Main Street in Hyannis. Its owners, David Wood and Valerie McIntosh, have shown themselves to be responsible, caring and good business people. Again, I ask that Puff The Magic be granted a renewal of its variance so it can continue serving its special niche in our business community. Sinc e ours, r EMET J. ATSALIS ,STATE PRESENTATIVE ... 2nd B stable,District ., 01,r. f INE i Town of Barnstable BARNSSS.MASS. Board of Health y Mn Eo 39..i Aye 200 Main Street,Hyannis MA.02601 Office: 568-8624644 Susan G.Rask,R.S. FAX: 508-775-3344 Wayne Miller,M.D. Sumner Kaufman,MSPH. April 18, 2002 David Wood Puff the Magic 649 Main Street Hyannis, MA 02601 Dear Mr. Wood: On or about March 5, 2002, David Wood filed a request for a variance for a business called "Puff the Magic" located at 649 Main Street, Hyannis, MA, from the provisions of the Town of Barnstable Smoking Prohibition Regulation. Approximately two years ago, on March 20, 2000, the Board of Health granted the same applicant a variance from this regulation; however his variance was due to expire on April 3, 2002. In Mr. Wood's request, he stated that he believes that "Puff the Magic continues to operate as a pre-existing smoking bar within the meaning of the Board's Regulation. Pursuant to Section VI of the regulation: "[a]ny smoking bar in existence as of the first date of publication of the notice of the public hearing regarding this regulation may apply for a variance before the Board of Health from this regulation." Under Section III of the Board's regulation, a'smoking bar is defined as: "An establishment whose business is primarily devoted to the selling of tobacco products for consumption by patrons on the premises and in which the serving of limited foods are incidental to the consumption of such products. An establishment which serves full meals is not considered a "Smoking Bar" for the purposes of this regulation. An establishment which serves appetizers and snacks may be considered a "Smoking Bar" for the purposes of this regulation." On April 16, 2000, a public hearing was opened before the Barnstable Board of Health, at which time the applicant was given an opportunity to provide the Board with information in support of the request. The applicant testified that 66% of its sales were from cigars; 4% from cigarettes, 4% from.humidors, 5%from lighters, 1% from cutters, 2% from accessories, 14% from beverages and 4% from other. These sales figures were unchanged from the submitted information presented to the Board two years ago. The applicant also confirmed that a portion of its tobacco sales represented "retail" sales that did not involve consumption on the premises. Also, the applicant stated that the only food served on the premises were appetizers. According to the records of the Board of Health, Puff the Magic first received a permit as a retail food establishment on April 30, 1998. When questioned, the applicant stated that the total approved seating and standing capacity of Puff the Magic as of the date of wood the first date of publication of the notice of public hearing of the Board's regulation was twenty-one (21). Mr. McKean testified that the applicant complied with all of the conditions one (1) through five (5) of the previously granted variance as follows: (1) The applicant hired an HVAC ventilation engineer to design and install a mechanical ventilation system for this establishment based upon the occupant load with an outdoor airflow of at least sixty (60) cubic feet per minute (CFM), in accordance with the 1993 BOCA mechanical code. (2) The effectiveness of the ventilation system was certified by an HVAC engineer. (3) The ventilation system meets the specifications of condition #1 above and was installed and in operation as certified by a HVAC engineer within 90 days of the March 20, 2000 variance. (4) The seating and standing capacity remained at twenty-one (21) maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public hearing of the Board's regulation. (5) The applicant posted a warning sign at the primary entrance which reads: "This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation." Based on the information presented, the Board finds that the applicant has shown that Puff the Magic is a smoking bar within the meaning of its regulation. The information presented demonstrates that approximately 70% of its total sales were from tobacco products and an additional 12% of sales were attributed to the sale of tobacco-related accessories. The Board finds that the statistics presented did not distinguish the tobacco sales that were for consumption.on the premises from those sales that were to be consumed elsewhere. The Board finds that as of the first date of publication of the notice of the public hearing concerning the Board's regulation, the applicant had a total seating and standing capacity of 21. Based upon the evidence presented, you are granted a variance from the Town of Barnstable Board of Health Smoking Prohibition Regulation, dated February 10, 2000. This variance authorizes you to continue you to provide indoor smoking areas at Puff the Magic, located at 649 Main Street, Hyannis, subject to strict,compliance with the following conditions: (1) The applicant shall maintain the mechanical ventilation system for this establishment and ensure that it continues to operate at the rate based upon the occupant load with an outdoor airflow of at least sixty (60) cubic feet per minute (CFM), in accordance with the 1993 BOCA mechanical code. (2) The effectiveness of the ventilation system shall be regularly checked by a HVAC engineer or other certified HVAC specialist. wood I (3) The seating and standing capacity shall remain at twenty-one (21) maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public hearing of the Board's regulation. No additional seats are authorized. (4) The applicant shall maintain the posted warning sign at the primary entrance which reads: "This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation." This variance expires in three (3) years on April 18, 2005. Sincerely yours, Susan G. Ras`K R.S. Chairperson Board of Health Town of Barnstable SGR/bcs wood I r Town of Barnstable LE' " Board of Health 200 Main Street,Hyannis MA 02601 Office: 508-862-4644 FAX: 508-775-3344 Susan G.Rask,&S. Wayne Miller,M.D. Sumner Kaufman,MSPH David Wood May 2, 2005 Puff the Magic 649 Main Street Hyannis, MA 02601 Dear Mr. Wood: On or about March 5, 2005, David Wood filed a request for a renewal of a variance for a business called "Puff the Magic" located at 649 Main Street, Hyannis, MA, from the provisions of the Town of Barnstable Smoking Prohibition Regulation. Approximately three years ago, on March 2, 2002, the Board of Health granted a renewal of the variance to the same applicant from this regulation; however his variance was due to expire on April 18, 2005. In Mr. Wood's request, he stated that he believes that "Puff the Magic" continues to operate as a pre-existing smoking bar within the meaning of the Board's Regulation. Pursuant to Section VI of the regulation: "any smoking bar in existence as of the first date of publication of the notice of the public hearing regarding this regulation may apply for a variance before the Board of Health from this regulation." Under Section III of the Board's regulation, a smoking bar is defined as: "An establishment whose business is primarily devoted to the selling of tobacco products for consumption by patrons on the premises and in which the serving of limited foods are incidental to the consumption of such products. An establishment which serves full meals is not considered a "Smoking Bar" for the purposes of this regulation. An establishment which serves appetizers and snacks may be considered a "Smoking Bar" for the purposes of this regulation." On April 16, 2000, a public hearing was opened before the Barnstable Board of Health, at which time the applicant was given an opportunity to provide the Board with information in support of the request. The applicant testified that 66% of its sales were from cigars; 4% from cigarettes, 4% from humidors, 5% from lighters, 1% from cutters, 2% from accessories, 14% from beverages and 4% from other. These sales figures were unchanged from the submitted information presented to the Board two years ago. The applicant also confirmed that a portion of its tobacco sales represented "retail" sales that did not involve consumption on the premises. Also, the applicant stated that the only food served on the premises were appetizers. According to the records of the Board of Health, Puff the Magic first received a permit as a retail food establishment on April 30, 1998. When questioned, the applicant stated wood that the total approved seating and standing capacity of Puff the Magic as of the date of the first date of publication of the notice of public hearing of the Board's regulation was twenty-one (21). [NOTE: Mr. McKean previously testified in 2002 that the applicant complied with all of the conditions one (1) through five (5) of the previously granted variance as follows: (1) The applicant hired an HVAC ventilation engineer to design and install a mechanical ventilation system for this establishment based upon the occupant load with an outdoor airflow of at least sixty (60) cubic feet per minute (CFM), in accordance with the 1993 BOCA mechanical code. (2) The effectiveness of the ventilation system was certified by an HVAC engineer. (3) The ventilation system meets the specifications of condition #1 above and was installed and in operation as certified by a HVAC engineer within 90 days of the March 20, 2000 variance. (4) The seating and standing capacity remained at twenty-one (21) maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public hearing of the Board's regulation. (5) The applicant posted a warning sign at the primary entrance which reads: "This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation." Based on the information presented, the Board finds that the applicant has shown that Puff the Magic is a smoking bar within the meaning of its regulation. The information presented demonstrates that approximately 70% of its total sales were from tobacco products and an additional 12% of sales were attributed to the sale of tobacco-related accessories. The Board finds that the statistics presented did not distinguish the tobacco sales that were for consumption on the premises from those sales that were to be consumed elsewhere. The Board finds that as of the first date of publication of the notice of the public hearing concerning the Board's regulation, the applicant had a total seating and standing capacity of 21.] Based upon the evidence presented, you were granted a variance from the Town of Barnstable Board of Health Smoking Prohibition Regulation. This variance authorizes you to continue you to provide indoor smoking areas at Puff the Magic, located at 649 Main Street, Hyannis, subject to strict compliance with the following conditions: (1) The applicant shall maintain the mechanical ventilation system for this establishment and ensure that it continues to operate at the rate based upon the occupant load with an outdoor airflow of at least sixty (60) cubic feet per minute (CFM), in accordance with the 1993 BOCA mechanical code. (2) The effectiveness of the ventilation system shall be regularly checked by a HVAC engineer or other certified HVAC specialist. wood (3) The seating and standing capacity shall remain at twenty-one (21) maximum, which was the approved capacity of the establishment on the first date of publication of the notice of public hearing of the Board's regulation. No additional seats are authorized. (4) The applicant shall maintain the posted warning sign at the primary entrance which reads: "This establishment reduces but does not eliminate the risk of second-hand smoke to patrons and employees by means of ventilation." (5) This variance shall not be transferable to another owner or leasee. This variance expires in two (2) years on May 1, 2007. IeSie,ely yo Miller, M.D. Chai an Board of Health Town of Barnstable wood I :4 O�THE TOE DATE: FEE: * BAMSMBLE, MASS. REC. BY l Town of Barnstable SCHED. DATE: Board of Health 200 Main Street,Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Summer Kaufman,M.S.P.H. Wayne A.Miller,M.D. _ VARIANCE REQUEST FORM LOCATION Property Address: � �{ 9 l"(/�'/fl/ � `�; � S/ Nam/ S, ,�/li(/� aZ� 0 Assessor's Map and Parcel Number: Size of Lot: Wetlinds Within 300 Ft. Yes Business Name: No Subdivision Name: APPLICANT'S NAME: �/' L/(1> ✓, )crD) �'U A�il1 Phone Did the owner of the property authorize you to represent him or her? Yes ' No PROPERTY OWNER'S NAME CONTACT PERSON j /r GJcc�/�114&AT (� Nam aS� Name: I Address: ly SC��G�t CJ(C e L-IL) Address: C-. si�,/�)"(CH , 2-5-6 3 Phone: o '5 4 2 O <- Z Y Z Phone: VARIANCE FROM REGULATION(Last Reg) REASON FOR VARIANCE(May attach if more space needed) T�44T (k Sf-c-Tr o,y z F a(-+ 11,45 2,-T ff K M t1,5rD %r iA-( 0 Q P( P Of— A F'45—L y(s7m,, - Srlo�tiiG �3�1�L, S C014PLIO LJ A c (— cAvv'D i T/ ti5 /n� G Pit`✓1!�7 I/�(/t//¢/ti�� NATURE OF WORK: House Addition 0❑❑❑❑❑ House Renovation ❑ Repair of Failed Septic System Checklist(to be completed by office staff-person receiving variance request application) _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ Variance request application fee collected (no fee for lifeguard modification renewals, grease trap variance renewals [same owner/leasee only],outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date I VARIANCE APPROVED Susan G.Rask,R.S.,Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. REASON FOR DISAPPROVAL Wayne A.Miller,M.D. Q:\HEALTH\WPFILES\VARIREQ.DOC I f McKean Thomas From: McKean Thomas To: Brigham Anna Subject: Puff the Magic/ SP #62-97 Date: Tuesday, August 26, 1997 3:43PM From: Jerome Dunning & Thomas McKean The Public Health Division is in receipt of the above referenced site plan review application and we submit the following comments: - The submitted plan does not show the proposed location of a three compartment sink. If any drinks will be poured into cups or glassware, the applicant must provide a three compartment sink per the State Sanitary Code, Article X. The three compartment sink is to be utilized to wash, rinse, and sanitize the glassware properly. - The submitted plan does not show the proposed location of a handwash sink (which shall be separate from the three compartment sink and separate from the restroom sinks). A handwash sink is required according to the State Sanitary Code Article X. - The submitted site plan does not show a proposed refuse receptacle location. Will an outdoor refuse receptacle area (or dumspter) be provided? If yes, where will it be located on the site plan? Page 1 i TOWN OF BARNSTABLE SITE PLAN REVIEW r DATE: August 25, 1997 TO: TomMcKean FROM: Anna Brigham, Site Plan Review Coordinator RE: SPR-062-97 Puff the Magic 649 Main Street, Hyannis (308/134) Proposal: Cigar store with a couch and TV. Serving non- alcoholic beverages. 41 2-I �3 tiNl� <1 66I s N�ol CJ� ram+ c� 6 � V Please submit this form, with any comments or additional requirements you may ave regarding the above referenced application,to the Building Commissioner's office by September 3, 1997. I have the following/attached comments/requirements regarding this application for Site Plan Review . I do not have any comments/requirements regarding this application for Site Plan Review at this time. (Signature) P� 1� r-,t Town of Barnstable .,8A?NSrABtE cPr. Application for Site Plan Review ILL- BusinessAUG 1991Location Name: y F- -T-f fl-1,/4 - Assessor's Map and Parcel Number. 3 © ? J 3 Property Address: 6�,�f �( /''' fAl 57q',L___I4-.Y--f^✓N!S. e5l� Owner of Property Applicant Name: 4-),4 t J and pZ y cer1&" erg( e: � �� �✓�' Address: L f dress: l d s� t,✓ Phone: y't)<g- 4f2-,n G ZY z Phone: © $ C� 2- FAX: Z-P cr o Engineer An SIT U L Name Name Address: Address: 06297 Phone: Phone: R L V I RX Storage Tanks Utilities Zoning Classification Existine Proposed Sewer District: Number. 'Number. Q Public k Flood Hazard: Size: Size: Private Groundwater Overlay: �. Above Ground: Above Ground: Fire District Lot Area: . I Lr/�C rES Underground: Underground: Water Number of Buildings Contents: Contents: Public: Existing: Private: Proposed:_ Parking Spaces Cur_b Cuts Fire Protection: Demolition: Required: -. S Existing Electrical Total Floor Area Provided: Proposed: c�> Aerial: Residential: 5-1 Sq FT On-Site /8 - � _ To Close: 07 Underground:_ Office: Off-Site: Totals: I Gas Medical Office: Natural: X. Commercial: G2 S4, 91-7 Propane: (Specify Use) Wholesale: In Area of Critical Environmen�tal-C�,�oncern Institutional: (E.O.E.A) Ye� Industrial: Project within 100' of Wetland Resource Area: YeT / A Old King's Highway Regional Historic District: ' Approved? Yes/No Zoning Board of Appeals action? Listed in National and/or State Register of Historic Places: Perimeter setbacks: Front: Side: Rear. 5` %Lot Coverage: '7 Number of Floors: Floor Area: Fast: f f Cv Sa f=2 Second: . a 5W F Other(Specify): T 5-� S q T-'T Parking Requirements: Required: Provided: =,3 Handicapped Spaces: Are there Accessory Buildings? /✓C4 Accessory Building Floor Area: Please provide a brief narrative description of your proposed project. M u S C_ f GJAE5- W© vz-1�1 4--f k IR E Ey pc-A-W s �y S Po`N�� P I assert that I have completed(or caused to be completed)this page and the Site Plan RenewApplim on and that to the best ofmyknowledge, the information submitted here is true. Signature Date 0.22 C Vl r 1 23 AF13 2 UM NS 6 #63 rao , R r 32 641�,,....^^' l 0.14 -� 0.15 A3 y... Sffl41 pi4 3 L: 645.' 8 AC C 7 #659 3 #6 7 ' 13 � 270 # 88 # t o iNrplwlON 3ySlftrliNrt i�6 PAR I kp a \ / �± Nr ; 310 ...... u T H , 32 ° 9 }w•r gE •�^�.._.+ .<:;y,:_.—.. v.._. ....� mP n�ni��+(+�sr�amrau�n�tw��aadma>isQF'. i \ � �_ ;� hd11ER1Y0WN0A41ES'IHpr�AE f1aY'(W4SafA1RN4��cd,ea-9 J �• ' iR0�1t984 `7HOt0� a ': ''--��.� /` `� � � 't \ --�� dlAiPFOAt•1'�100� Rf4k... � OfR0�1 Y f f'' ..� � ���' ` , S I � _i / �` ENf1iXFFHit4iASSLSSORS•FNPS'IiHG .rY • Commerciallpace at 649 Main A., Hyannis, MA (Current Interior) ®0 Commercialopace at 649 Main *, Hyannis, MA (Proposed Interior) Ec6o x x 000 tr xc u V ...... uA X ZIA Walk-In Humidor` Commercial &ace at 649 Main * Hyannis, MA (Proposed Interior) xx x xx 0 � ... Walk-In Humidor Handwash sink 3 compartment sink 000 Enclosed garbage area Lighting Plan for 649 Main St. Hyannis, MA Cigar Shop Fence4 : Handicapped Ramp Porch � r Porch light Fence Parking Area 56.25' 47.50' Small flood lights for sign f Available Parking at 649 Main St. Hyannis, MA Cigar Shop Handicapped Ramp " Porch a it agrtn��� rr a4�� Fence Fence Parking Area 56.25' 47.50' } 50.42' Available Parking at 649 Main St. Hyannis, MA Cigar Shop Fence ;4� a Handicapped Ramp Porch Fence I0Z 56.25' 47.50' 0 1 t 6 Parking Area �Y , Available Parking at 649 Main St. Hyannis, MA Cigar Shop Fence r Handicapped Ramp Porch jam$ r Fence ■ 56.25' 47.50' Parking Area° ��� As #� g 50.42'