HomeMy WebLinkAbout3821 FALMOUTH ROAD - Health Applie"tion Fee.: $100.00 ($200 supermarkets) plus Permit Fee - $250.00 or$200.00 - $285 for Supermarkets
Nance of Business: 'A)-�6y\."'b0jA s;M! DATE
Address: Q ? ,�- ,Qwws t � , yars7irnS94, 41cl- N/Z
Owner: /fou,It Seats- Indoors: Outdo) s*: 'ole,14 (If seating provided, see Licensing department)
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If outside dining provided,3 on mush fi 1 0 t an8 suffiiuit application for outside dining/sidewalk cafe
RESTAURANTS �V- . L
i
�V a -` �I ���e ll ��� �� �� 111 Yes No
Flo r plans submitted
Staff meeting review date:
Food establishment application form filled out and submitted X
Cut\S ec equipment sheets submitted for all food equipment)
Adequate septic system or town sewer ()t,, a 4
In-ground grease trap or GRD with a variance
Menu submitted
- Allergy notice present
- Consumer advisory present for undercooked foods on menu(if required)
Water—sup - A roved source. If well annual testing& licensed operator
Handwash sinks—location, number, design and signs
Toucbless faucets (see policy)
Three compartment sink with drain boards es
Area to air dry all washed equipment, utensils, dishes, etc. �S
Dishwasher provided
If low temperature:
-Low sanitizer alarm(for new dishwashers)
- Type of sanitizer—Quats, bleach or other (specify if other)
- Sanitizer log book
*If no dishwasher provided, see policy
Sanitizer test strips (for dishwasher, 3 ba sink, wipingcloth sanitizer buckets, etc.) �S .
Pre Sink- See policy ���`�
Mop Sink—Mops to be hung ro erly to air dry 'e
Frozen Dessert Machine (Dairy)
Ventilations stem for hood
Number of Bathrooms Proposed:
I. Touchless Faucet (see policy) f
2. Ventilation Systems
3. Self-closing doors
4. Soap Dispensers—Mounted
5. Paper Towels—Mounted
6. Handwashing Signs
7. Women's Room—Covered trash bin and\or sanitary napkin receptacle �S
Floors, Walls, Ceilings (Smooth, washable, easily cleanable surfaces)
FINISH SCHEDULE [SEE ADDENDUM ATTACHED] , t �S
Lighting— Sufficient/lighting shielded or shatterproof
Refuse containers covered (sufficient number and size, durable easily cleaned, insect &
rodent resistant) L
- Dum ster impervious ground and blocked from public view
Dry storage room location shown on floor plan -
Employees personal storage (i.e. coats, bags, etc) area designated. May use lockers S .
Poisonous or Toxic Materials (storage located marked on plan, labeled containers) L( S
Screens for Windows and Doors
- Any questions, please contact the Health Inspector for your area
- Plan approval shall be granted or denied within 30 days after Staff meeting review
-This list is not inclusive of all Federal, State and Local requirements
Revised 04/17/2014
Q:restaurants\new restaurant checklist.doe
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LAND COURT,BOSTON.The Land
herein den?teed will be shown on Dale=1 F 272 s 261 06-24--201 S 2--01
our approved ppn to follow as GARNSTABLE LAND COURT REGISTRY
JUN 2 12015
Plan ISa69Lot .
(EXAMINED AS DESCRIPTION N�Y) DEED RESTRICTION
T.C. PONTBRLW .
W1110 CHIEF BIZINEER 1716
WHEREAS, WINDMILL SQUARE, LLC,a Massachusetts limited liability company
(successor-in-interest by merger with Windmill Square Limited Partnership),having an address
of 297 North Street,Hyannis, Massachusetts,is the owner of Windmill Square,3821 Falmouth
Road(Route 28), in Marstons Mills,MA and being shown as Lot 1 and Remaining Land on
Land Court Plan 15069-B;and
WHEREAS,the Town of Barnstable Board of Health,as a pre-condition to granting a
subsurface sanitary sewage disposal works construction permit for a septic system in
compliance with 310 CMR 15.200,State Environmental Code,Title V,Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage,is requiring that the grant of
a restriction limiting the combined wastewater discharge flow on Lot 1 and Remaining
Land on Land Court Plan 15069-B to 2,645 gallons per day be put on record with the
Barnstable County Registry of Deeds,Land Registration District, by recording this
restriction;and
WHEREAS,WINDMILL SQUARE, LLC,as the owner of said lots has agreed with the
Town of Barnstable Board of Health to grant this restriction limiting the maximum wastewater
discharge of Lot 1 to 415 gallons per day and the maximum wastewater discharge for Remaining
Land be restricted to 2,230 gallons per day for a total of 2,645 gallons per day as a pre-condition
to obtaining a disposal works construction permit for the property in compliance with 310 CMR
15.00 State Environmental Code,Title V,Minimum Requirements for the Subsurface Disposal
of Sanitary Sewage.
NOW,THEREFORE,WINDMILL SQUARE, LLC does hereby place the fallowing
restrictions on the above-referenced land in accordance with its agreement with the Town of
Barnstable Board of Health.
I. The maximum wastewater discharge for Lot 1 on Land Court Plan 15069-B is restricted
to 415 gallons per day.
2. The maximum wastewater discharge for Remaining Land on Land Court Plan 15069-B is
restricted to 2,230 gallons per day.
3. Except for an anticipated subdivision to assign a lot number to the land shown as
Remaining Land on Land Court Plan 15069-B,no further subdivision or re-subdivision of the
land shall be made by WINDMILL SQUARE, LLC,its successors or assigns,without the
express written approval of the Board of Health recorded in said registry district.
20140272 restriction
i
WINDMILL SQUARE,LLC,further agrees that this restriction shall be a permanent
deed restriction affecting Lot 1 and Remaining Land as shown on Land Court Plan 15069-
B and shall run with the land and be binding upon all successors in title and have
independent legal significance;provided,however,that if it is determined that this
restriction is not permanent and limited to a term of thirty(30)years,the Town may
unilaterally re-record this restriction to extend the protections provided herein for an
additional twenty(20)years;and provided further that such re-recording shall occur
prior to the expiration of thirty(30)yearns from the date of the recording of this
document:
The parties intend,and agree,that the foregoing restrictions be and are imposed for the
benefit of the partiesand the Board of Health and are enforceable by the parties and the
Board of Health and cannot be amended or released without the prior written consent of the
Town of Barnstable Board of Health..
For Title of WINDMILL SQUARE,LLC,see Deed filed with the Barnstable Registry District of
the Land Court as Document No. 643,048,Certificate of Title No. 137678.
Property Address: Windmill Square Plaza,Route 28,Marstons Mn,MA
Executed as a sealed instrument this dq day of
WINDMILLS ARE,LLC
By:
tear A. Bornstein,General Manager
Barnstable,ss. COMMONWEALTH OF MASSACHUSETTS
On this-day of v�.�- ,2015,before me,the undersigned notary public,
personally appeared Stuart A. Bornstein, and proved to me through satisfactory evidence of
identification,which was a MA driver's license,to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that it was his free act and deed and
that he signed it for its stated purpose,as the General>4 alter of Win it Square,LLC.
PubIic:C-r,h, Al. ay",
y commission expires: / , -••
20140272 restriction �,++'� 'V
REGISTRY bF DEEDS t e. .�4tit
A TRUE COPY,ATTEST BARNSTAI3LE REGISTRY 4F DEEDS 4 � K `
John F. Meade, Register
JOHN F.MEADE.REGISTER
,L i,1,
Doc=1 r 272 v 26O 06- '24-2015 2:01
BARNSTABLE LAND COUNT REGISTRY
- 97iel 6`'ammzu�eaLt�v o��/ K
C
William Francis Galvin
Secretary of the
Commonwealth
June 18,2015
TO WHOM IT MAY CONCERN:
I hereby certify that a certificate of organization of a Limited Liability Company was
filed in this office by
WINDMILL SQUARE,LLC
in accordance with the provisions of Massachusetts General Laws Chapter 156C on December
23, 2008.
I further certify that said Limited Liability Company has filed all annual reports due and
paid all fees with respect to such reports;that said Limited Liability Company has not filed a
certificate of cancellation or withdrawal; and that said Limited Liability Company is in good
standing with this office.
I also certify that the names of all managers listed in the most recent filing are: HOLLY
MANAGEMENT AND SUPPLY CORPORATION
I further certify, the names of all persons authorized to execute documents filed with this
office and listed in the most recent filing are: HOLLY MANAGEMENT AND SUPPLY
CORPORATION, STUART A BORNSTEIN
The names of all persons authorized to act with respect to real property listed in the most
recent filing are: STUART A. BORNSTEIN
In testimony of which,
I have hereunto affixed the
Great Seal of the Commonwealth
r
on the date first above written.
gyp, �i
Secretary of the Commonwealth
Processed By:tpg ''bbAfI T L CO N
REGISTRY OE DEEDS
BARNSTABLE REGISTRY OF DEEDS A TRUE COPY,ATTEST
John F. Meade, Register
JOHN F.MEADE,REGISTER
Town of Barnstable
SrABLE. : BARNSTABI,E
MASS. $ Regulatory Services
1639. ♦� c s',usw-."sm uiCOrNFs°reau'vsiisie
prfD�pYA Richard V. Scali,Director 1639-2014
Building Division
Thomas Perry, CBO
Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.ba rnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
October 9, 2014
CI
Mr. Sal Couto, Couto Management, LLC,
c/o Attorney John W. Kenney --- '.
1550 Falmouth Road, Suite 12
Centerville, MA 02632
RE: SPR 034-14 - 3821 Falmouth Road,Marstons Mills—Windmill Square Plaza; ,
Building 8 - Map 057, Parcel 004 - Change of Use from Bank to 19-Seat Restaurant
Relocation of existing Dunkin Donuts in the Plaza to a vacant bank building with existing drive-
through, located in the same Plaza. Exterior painting; change of signs; and interior renovations.
Removing drive-through overhang and will replace with awning.
Dear Attorney Kenney:
Please be advised that the above application has received an administrative approval subject to the
following:
❖ Approval is based upon plans entitled "Site Plan at 3821 Falmouth Road,Marstons Mills, MA"
prepared by JC Engineering, Inc. East Wareham, MA; Scale 1"= 10', dated August 25, 2014.
❖ Shortening the island abutting the existing handicap spaces to the north so it will not extend
beyond the lot line is required. This will improve turning radius and access in this area.
•:+ Consultation and approval from COMM Fire Department for fire safety requirements for a new
restaurant use will be required at the building permit stage.
•:+ Approval of Health Department requirements and permits for restaurant use, including design
and installation of a grease trap, will be required at the building permit stage.
i
•:+ All signage and awnings proposed must be reviewed and receive approval under a separate sign
permit application.
•:+ Applicant must obtain all other applicable permits, licenses and approvals required.
Upon completion of all work, a registered engineer or land surveyor shall submit a letter of
certification, made upon knowledge and belief in accordance with professional standards that all
work has been done in substantial compliance with the approved site plan (Zoning Section 240-105
(G). This document shall be submitted prior to the issuance of the final certificate of occupancy.
A copy of the approved site plan will be retained on file.
Sincerely,
r
Ellen M. Swiniarski
Site Plan/Regulatory Review Coordinator
CC: Tom Perry, Building Commissioner
COMM Fire Department
Health Dept.
I�
IKE r
"�. Town of Barnstable Barnstable
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* tMRNSTASt E eicacity
i6;9. ti0
Board of Health 1
200 Main Street, Hyannis MA 02601
2007
U 4 �B,
Office: 508-862-4644 C tA('\ �-��
FAX: 508-790-6304 r Wayne Miller,M.D.
Paul Canniff,D.M.D.
Junichi Sawayanagi
Public and Environmental Health Program Revised 4/11/12
Policies, Procedures, and Guidelines
FFoodreparation and Warewashing
No. 2010-02
Installation of a Separate Food Preparation Sink
The Town of Barnstable Board of Health requires a separate food preparation sink in all
new food service establishments.
At all existing full service food facilities, a separate food preparation sink may be
required whenever there is a change of ownership/leasee. In existing establishments, the
Board of Health may allow the facility to use one of the compartments of a three
compartment sink (i.e. the sanitization compartment of the warewash sink) for food
preparation if the operator demonstrates that there is not sufficient space available to
install a separate food preparation sink.
If the warewashing sink will be used for washing or thawing food, a separate wasteline
connection from each sink compartment through an indirect drain will be required.
A chemical test kit that matches the type of sanitizing agent in use is required in the
warewashing area.
Disposable Plates, Cups, and Utensils at Facilities Without Dishwashers
Only disposable plates, cups, and utensils products are allowed for use by customers at all
food facilities which do not provide approved automatic dishwashers onsite. Dishware,
glassware, and silverware are not authorized at food facilities which only provide manual
warewashing sinks (e.g. only a two compartment or three compartment sink).
Wayne Miller, M.D.
Junichi Sawayangi
Paul Canniff, DMD
Q;Policies/FoodPreparationand Warewash ing201 0-02.doc
Message Page 1 of 2
Stanton, David
From: McKean, Thomas
Sent: Tuesday, February 24, 2015 3:48 PM
To: 'John Kenney'; Houghton, David
Cc: Stanton, David
Subject: RE: Windmill Square Deed Restriction
-FYI-
The Health Division will not approve a building permit for the new Dunkin Donuts until after the required deed
recordings are reviewed and approved by the Legal Department, recorded at the Registry of Deeds, and recorded
copies are provided by the applicant to the Health Division.
In addition the new septic system must permitted and installed.
-----Original Message-----
From: John Kenney [mailto:john@JWKesq.com]
Sent: Monday, February 23, 2015 12:46 PM
To: Houghton, David; McKean, Thomas
Subject: Re: Windmill Square Deed Restriction
Dave and Tom,
I have revised the deed restriction to reflect the terms of the new variance approved by the Board of
Health on January 29, 2015. Please confirm that the new restriction is acceptable and I will have it
executed and recorded. I will then send each of you a copy of the recorded document.
For background information to bring David up to speed, after the original variance was granted, a Board
of Health inspector visited the site of the dog kennel/veterinarian clinic at the Windmill Square Plaza. He
reported back to the Board that there were approximately 14 kennels at the site exceeding the six that
were allowed.The Chairman of the Board was angry because he thought false information was given to
the Board of Health to obtain the earlier variance. We were requested to come back before the Board of
Health on January 29th. Mr. Bornstein obtained pictures from the kennel and a letter from the
veterinarian explaining that she only uses six kennels for animals part-time and uses the other kennels for
"office storage"as depicted in the pictures.The confusion about the information provide at the earlier
variance hearing was a result of the use of the kennels. Since they are on site, they have to be accounted
for under Title V even though most of them were used for storage.
Tom McKean also pointed out that in our earlier calculations we allocated 150 gallons per day of
groundwater discharge to the drive through and that was not required.Tom also pointed out that since
we were subdividing the plaza into two lots,the new Dunkin Donuts site was allowed 330 gallons per day
in discharge under the Town of Barnstable Board of Health regulations and we were not limited to the
291 gallons per day previously allocated to the bank as part of the plaza. We proposed leaving the
veterinarian clinic out of the mix and taking 85 gallons from the old Dunkin Donuts location and allocating
it to the new location. The 330 gallons for the new, separate lot for Dunkin Donuts plus the 85 gallons
from the old site gave us the 415 gallons per day required for a 20 seat Dunkin Donuts (15 current seats
plus room for expansion of five seats if ZBA approval is obtained) in the old bank location.The Chairman
of the Board of Health did not feel it was consistent with the intent of the groundwater protection
2/24/2015
Message Page 2 of 2
g
regulations to allow an increase from 291 gallons of groundwater discharge per day for the bank site to
330 gallons per day for the same site simply because it was subdivided into a separate lot. Mr. Bornstein
then volunteered to take an additional 39 gallons per day (330—291 = 39)from the old Dunkin Donuts
site and allocate it to the new site to reach the required 415 gallons per day for the new Dunkin Donuts
site.This leaves 2,230 gallons per day of groundwater discharge flow for Lot 2 (the remainder of the
plaza).The existing flow for the entire plaza with the bank and the current Dunkin Donuts is 2645 gallons
per day. Allocating 415 gallons to the proposed Dunkin Donuts leaves the remainder of the plaza located
on Lot 2 with the 2,230 gallons per day.
Any questions, please do not hesitate to contact me.
John W. Kenney, Esq.
John W. Kenney, Esq.
Law Office of John W. Kenney
1550 Falmouth Road, Suite 12
Centerville, MA 02632
(508) 771-9300 Phone
(508) 775-6029 Fax
John cr,iwkesq.com
Visit our website at www.iwkesq.com
The information, including any attachments, contained in this electronic
message is intended for the exclusive use of the addressee (s) and may
contain confidential or privileged information. Any use of the material
by any unintended recipient is strictly prohibited. If you are not the
intended recipient, please notify the sender immediately at (508) 771-9300,
and destroy all copies of this message and any attachments. Thank you.
2/24/2015