David works closely with developers in all aspects of commercial and residential development throughout Cape Cod and, in particular, the Town of Barnstable.

David has been involved from purchase through completion of some of the largest construction projects in the Town of Barnstable over the past 10 years. These include obtaining all necessary permits for the conversion of a 60,000 square foot nursing home into an 80,000 square foot multi-use facility, consisting of high-end condominiums and medical office space. Also the rehabilitation of approximately 100,000 square feet of retail and office space on Main Street Hyannis, as well as the conversion of the Verizon switching hub into multi-use business and medical office facility.

In addition, David has permitted new construction, including office buildings, retail facilities, medical buildings, banks and residential construction. David has routinely appeared before planning boards, zoning boards, conservation commissions, boards of health and the Cape Cod Commission.





Greenery glams up

Written by Edward F. Maroney

The “up” scaling of Hyannis under new zoning is continuing with a proposal to make over the former Greenery nursing facility as an office/residential building with an extra floor and views of Hyannis inner harbor.
Attorneys David Lawler and Pat Butler presented Greenery Development LLC’s case to the planning board Monday in applying for a regulatory agreement that would provide relief from density, height and parking regulations at the 89 Lewis Bay Road site. The board continued its hearing until June 11, and will discuss the project at its workshop meeting May 22 at noon at town hall.
Lawler said the developers “are trying to follow the priorities of the town’s Growth Incentive Zone” for downtown Hyannis. He said the “extraordinarily pretty building” would be a significant improvement, offering views not only of Nantucket Sound but possibly Cape Cod Bay as well.
The attorney said the site’s access to School Street would relieve pressure on Lewis Bay Road from cars exiting the Steamship Authority docks.
The plan calls for 20,000 square feet of office space on the first floor, probably for medical offices, and three floors with a total of 42 one- to three-bedroom residential condos.
Lewis Bay Court has the support of the town’s growth management department and appeared to be well received by most of Monday’s speakers, including Skip Simpson, who owns the Anchor Inn across South Street on the harbor.
To his praise for the appearance and anticipated economic boost of the proposed makeover, Simpson added a caveat: his own investigation of adding height to his inn.
“There’s a potential collision course,” he said. “Our roof line hasn’t changed since 1955. Their third and fourth floors might not have beautiful views.”
In the future, Simpson said, “eight or 10 owners of those units could be lining up opposing my project.” He said he hoped his rights would be respected at that time.
“If you’re allowed a three-story building, you get it,” planning board member Steve Shuman said, prompting chairman Felicia Penn to add, in jest, “Of course, Steve’s moving to Kansas tomorrow.”
Residents of the area asked that the developers keep an eye on the safety of the intersection of South and School streets. Butler noted that the plans involve closing a curb cut on South Street, where two dilapidated buildings have been demolished as part of the project.
The town does not have inclusionary zoning in this district, so there is no requirement that any of the units be designated as affordable. Penn raised the issue, however, noting that the houses that were taken down, regardless of their condition, did provide rentals.
Lawler said that the four units eliminated in the demolition could be considered against the 42 being added in the new Lewis Bay Court, admitting that those would be more expensive. He stressed that the two buildings, 42A and 42B South Street, were “very blighted and very dangerous.”

Council Lowers Mitigation Payments For Developer
By: Laura M. Reckford, August 5, 2011, Barnstable Patriot
After a lengthy debate, the Barnstable Town Council last night voted in favor of lowering the mitigation that developer Chad Doe, of Lewis Bay LLC, needs to pay the town for his redevelopment of the Greenery property on the corner of South Street and Lewis Bay Road.
In the original 2007 agreement, Mr. Doe was allowed to build a fourth story onto the building in exchange for mitigation of about $400,000 for additional water infrastructure and streetscape improvements.
His attorney, David Lawler of Osterville, said his client had already paid for about $1 million in improvements, from streetscape enhancement to landscaping to water infrastructure upgrades.
He said the redevelopment, in which the former nursing home is now luxury apartments and commercial units, has fewer impacts on town services across the board.
Mr. Doe had asked that all of the remaining mitigation payments be removed because of the difficult economy.
Mr. Lawler pointed out that Mr. Doe has been the most prolific developer in the town of Barnstable during difficult economic times and his projects have been lauded by the town.
The Barnstable Planning Board had recommended the Town Council remove all but about $300,000 of the mitigation payments.
The town council, on a motion suggested by Councilor Henry C. Farnham of West Barnstable and Ann B. Canedy of Cummaquid, voted to lower the payments to $150,000 to be targeted toward improvements to the water infrastructure on School Street.
The building has 42 units and three have been sold. The mitigation is to paid to the Town at the rate of $5,000 per unit payable at the time of sale of the units up to the sale of 30 units.

Proposal would return produce biz to Route 28

Wholesaler wants to operate a limited retail section for public also

wholesale produce company wants to relocate its operations from Old Yarmouth Road to an Iyannough Road (Route 28) site near the Yarmouth town line in what a spokesman for the company said would help improve the blighted, well-traveled area and perhaps inspire rejuvenation of the business neighborhood.

Guaranteed Fresh Produce Co. has a purchase and sales agreement for the property at 35 Iyannough Road, site of the former Bedford Fruit Co. and, before that, the Whiting Milk Co. The site is in the section of Route 28 stretching from the traffic lights at Yarmouth Road and Route 28 east to the Yarmouth town line.

Attorney David Lawler, appearing before the site plan review board April 24, said the 12-year-old company wants to move from its present location at 85 Old Yarmouth Road, Hyannis. He said the company also plans to open up a “limited retail section” of about 535 square feet where produce would be sold “out of the box” to the public from 10 a.m. to 3 p.m. That’s when company trucks are out on the road delivering to schools, institutions and produce retailers.

Lawler said that technically, he wasn’t certain the proposal had to come before site plan review, noting however that it was in the interest of the company and the town to go through the process while moving on to regulatory agreement review.
The attorney said the section of roadway zoned as a medical district is in “poor condition with run-down buildings.”

Alluding to growth investment districts, he said it is not unusual when one company rehabilitates a building and property, others follow suit to revitalize the area. He cited the Center Street and 500 Block construction and rehab programs now going on in downtown Hyannis as examples.

The company is seeking relief from zoning to return the site to what it had been for a long time, a wholesale produce operation. It was formerly the site of Bedford Fruit Co. and the building is ideal, because of its prior uses as that type of operation, Lawler said.

He said Guaranteed Fresh Produce owner Adam Weiner is ready to expend funds to rehabilitate the building and grounds and install the latest in new walk-in coolers – replacing those already there but long out of use – to ensure produce is guaranteed fresh, as the company name implies.

Addressing some site concerns expressed earlier in an informal meeting between Lawler and the review board, the attorney said some work had already been done to remove blight that made the area “look like Beirut” with a deteriorating truck and large boat and other items adding to the visual decay.

The plan shows spaces for three walk-in coolers, warehouse and office areas, covered loading docks, parking spaces for about six to eight box-type refrigerated company trucks and the mini market for retail, which would be located on Medeiros Way, off Route 28 on the west side of the building.

There would also be new signage, improved drainage and dressing up of the front part of the property with appropriate landscaping.

Building Commissioner Tom Perry, who chairs the review board, said minor details can be addressed administratively, negating a further formal appearance before the board. The hearing was continued pending further plan submissions.
The site plan review board includes members from the Hyannis Fire Department and the municipal engineering, health and growth management departments whose members assist people seeking to develop property meet site requirements while advancing the permit process.