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0185 STEVENS STREET (25)
.:� c, � a � � � ��. -� �. �� � , �. � ,� u � � � � � � `• �. Message Page 1.of 1 Anderson, Robin From: Canto, Michelle (DCF) [michelle.canto@state.ma.us] Sent: Tuesday, March 13, 2012 501 PM To: Anderson, Robin Cc: Parrent, Jason (DCF) Subject: RE: Request from'Nicole McFarland 1 q Hi- Per our conversation on.3/12/20121 am confirming thatwe;continue to.work with the Steven Street apartments. As-of the end'end of.March 2012 there will be 5 students who are over the age.of 18 and-will reside in their own apartments. All other children who ar`e under the age of 18 will reside in the apartments, with an adult,on the 26d and 3rd.floor. The first floor unit is now being used for eating-only. Peter Terry is now monitoring the liv-ing,arrangements for lvy lnt. .lf you have" other questions feel free to contact him at PeterObsivy.net . If further concerns do come to your attention feel free to file a report, or encourage whomever is concerned, to''file a report with DCF as needed. Please let me know,if.you need anything further. W ichelTe C. Canto 9K.Ed LSWA DCF Investigator./Screen er Y yannis Area Office ` 508-760-0296 3/14/2012 r I Ate: DATE: January 19,2012 TO: Building File FROM: R. Anderson RE: Inquiry concerning boarding of international students LOCUS: 185 Stevens Street,Hyannis,-Units lA & 2B Received a call from a concerned citizen regarding the determination of a zoning violation at the aforementioned.location. Caller wanted to know if condo units can be converted into dormitories for a school. After some questioning I was able to establish that the school in question is CC Academy and the students residingin the condos are international students from China: There are no complaints about the student's behavior. The caller was concerned that very young students (13- 17 yrs old) who are unfamiliar with our culture are not supervised and they, are living in multiple units Subsequently, I was able to speak to CC Academy Headmaster,+Phillip'Petru"(5087428 5400) He advised that the school does not secure housing for students nor do they have any official relationship with any agency that does. 4<= ° He advised there are 8 units involved. One unit is reserved as a common area=where the`students and the 3 student advisors gather for..dinner: One unit is,owned by Ivy_International. The.others are rented. Students are 15 -17 yrs`old. There are 3,-4 students to a unit. Supervision consists of three student advisors. That-leaves 4 units without an occupying student advisor to what I was e _ pY g . g informed. (8 units;one`of which`is used only as a social gathering area)leaves 7 units, assuming 3 three are 4 confirmed that students are able to communicate complaints. Obtained contact information for placement-agency: Local. -Jitao Niu . '61.7-999-3733` r- Boston office 978-558-4216 Confirmed that units are' not registered with.,the Health Dept. Discussed unit provision with Hyannis Fire=all provisions in place according to.Lt. Chase. JAIntemational Students.doc 1 41' - . r 1/19/2012 Late afternoon: Returned a call from Michelle Canto of Cape & islands Office for Children&Family Services (508-760-0296). Discussed issues and concerns presented to me from callers. Explained that I am not convinced there is a zoning violation here as the use is clearly residential and so long as there is not.an overcrowding issue or the units have been F reconfigured with every room as a dorm room,there isn't really a violation. Certainly, Regulatory Services would be concerned to find young adults inadequately supervised, would also be concerned if students were unable to communicate orself-preserve and fire and safety provisions inoperable or missing. I-advised that all rental units must be registered and inspected annually and I would check.' ,I also informed Michelle thatI left a message with CC Academy and would share whatever information I was able to garner. Heft�her.a VM late°.yesterday afternoon to call me so I could let-her"know what I.found out. I now recollect that I had:-spoken to someone inquiring about renting units for students. I remember stating that this would be a residential use and so long as the number of occupants conform to the official capacity I'm don't see an issue. This however should not be construed as approval to house students without supervision and the response is determined by the question posed as we cannot anticipate every nuance if the.caller is withholding information deliberately,or inadvertently: 1/24/2012 Spoke to Michelle Canto on.this date. She advised that she inspected the following units and confirmed the number of occupants as follows:' IC 1 bedroom unit 2 boys - IA 2 bedroom unit=this unit also used,as common area and'cafe- 3 boys �. 2G 2 bedroom unit 2 boys and part time student advisor. 2B 2 bedroom unit 4 boys 3H 3 bedroom 2 girls and cook/student advisor 3.0 1 bedroom unit 2 girls 3E 2 bedroom unit 2 girls and student advisor Social Services is investigating lack of supervision and working to increase staff levels to appropriate to the number of residents. J.AIntemational Students.doc 2 r4, Town of : ,P TA E Regulatory-Services P pIHE r° rV, tll'6 o pl'� ` - 08 �° �ti Thomas:F. Geller D�i.FeFet r ' x F Building Division w BARNSTABLE,MASS ' y� 6.3 9. `�� Tom Perry, Building Commissioner o 'rEo µp`t a 260 Main Street, Hya l�nrt5;NIA Q2460 1. www.town.barnstable.ma.us Office: 508-862-4038 . Fax: 508-790-6230 Approved: Fee: Permit#: 1 !ham I 06 HOME OCCUPATION REGISTRATION Date: (. N E 20 t f r- Nanle: (-rx /l'l,1e-t' (AjC�G Address: 18S, 8S S '"vp_tjS `S U_� Village: Nanne of Business: _A'�� rrype of Business:. 'C CAZ �A t3 C L Map/Lot: `9 g O INTENT: It is the intent of this section to allow the residents of the'17oarn of Barnstable to operate a IMille oc•c•upaticin iiitlann Slltgle Tinnily cica,ellings,subject to the provisiolts of Section d,-1./4 of the'!,oiling ordinance, provicled that the activity shall not be discernible front outside the clivelling: there shall he no iiu-rease in'noise or odor;no c2sual altelration to the premises Ivllicll would suggest anything other than a residential use;no increase in traffic above Normal residential volumes; and no increase in air or groundli pater pollution. . After registration math the Building Inspector, a customary home occupation shall be perrtiitted as of right subject to the folloli•iug Conditions: • 'Flie activity is carved on by(lie perrltauenf resident of a single funily residenal divelling unit, located cvitlliil that clNvelling unit.. Such use occupies no more than 400 square feet of space. • There are no external alterations to the cla,elling which are not customary ira residential buildings,<uld there is no outside evidence of such use. + No traffic a+all be'gencrated in excess OFnornlal residential volumes. • 'hhe use does not.illvolve the production of offensive noise, labratiari,smoke, dust or other pal-tic ular(Witter, odors, electrical disturbance,heat,glare, humidity or other ob.iectiouable effects. a 'I'lie.re is no storage or use of toxic or hazarclqus materials,or,flamniable or explosive materials, in excess of nornial household quantities. • Any need for parking generated by such use shall be met on the.same lot containing t(le Customary Home Occupatiou,an(I not alatllin!lie required front yard. • 'Phere is no exterior storage oi•display of materials or equipment. • 'Fhere are no comniercial vehicles related to the Customary Home Occupation, other than one i;an or one pick-up truck not to exceed one ton capacity, and one trailer not to exceed 20 feet ill length and not to exceed it fires,parked on the same lot containing the Customary Honie Occ•LlpatiolL • No sign shall be displayed indicating the Customary Home Occupation. • If the Custonl.uy Honle Occupation is listed or advertised,as 51 business,the street address shall [rrit be included, No person shall be employed in the Custommuy Home Occupation rrlul is'not a penrlauew resident ofllie chvelling unit. I, the undersigned, have read and agl•ee mth the above restric•ti°ns for nay home pcc•upatiou I all! registering. Applicant• G jC,C. Date: l YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$00.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.- it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. DATE: _ C.I 1 � Fill in please: APPLICANT'S YOUR NAME/S: L � BUSINESS YOUR HOME ADDRESS: b SvEr`S S� - T ��������S ���� t t.v 2�� ' S�,�s �1\ S51v1 i TELEPHONE # Home Telephone Number S 5 y 1 NAME 'OF CORPORATION: NAME OF NEW BUSINESS TTYPE OF BUSINESS / z c.o.iZ c t_ IS THIS'A HOME OCCUPATION? ✓YES NO ADDRESS OF BUSINESS I SS SI-EVEN S .S T_fL_C_iE i tk �^'"v + S `� 3b Q O'W - COI , . M.AP/PARCEL NUMBER. y' [Assessing) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. &Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING CO MISSIO ER'S O IC This individ al s n info m of a y p rmit req irements that pertain to this type of business. MUST COMPLY WITH HOME OCCUPATION RULES AND REGULATIONS. FAILURE TO Aut IUSginat a** COMPLY MAY RESULT IN FINES, MME 0 . 2. BOARD OF ALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: Town of Barnstable Growth Management Department 367 Main Street,Hyannis,MA 02601 -Ruth I Weil,Director Regulatory Review Services Thomas A.Broadrick,Director, 200 Main Street,Hyannis,MA 02601 Phone(508)862-4785 Fax(508)862-4725 September 19, 2006 Stuart A. Bornstein Holly Management 297 North Street Hyannis,MA 02601 RE: Adjustment.to_Speci a1 Permit 2004-050,issued to One Village Market Place L.P., for 185 d �& 22i Stevens-St.;Hyanms,MA,Assessor's Map 308,Parcels 025 and 258 Dear Mr. Bornstein: In concert with the Building Commissioner,I have reviewed the above referenced Special Permit along with your plans to adjust the unit types from 24,two-bedroom units to 20, two-bedroom and 4,one- bedroom units. The Building Commissioner and I are in agreement that the proposed adjustment in unit types is less than that authorized by the Zoning Board of Appeals in the Special Permit issued. We further agreed that this adjustment can be made administratively and without the need of a formal public hearing before the Board for a modification of the permit. The adjustment permitted by this letter allows only for the interior change of the 24 units to be composed of 20,two-bedroom units and 4, one-bedroom units. Plans for that adjustment have been entered into the file, date stamped September 6, 2006, and are entitled"Village Market Place Condominium Steven Street Hyannis,Massachusetts"as drawn by Peter F. Dimeo Associates,Inc., and dated 4-12-05. Those plans show all of Units "C", located on Floors 1, 2, and 3, and Unit"D"on Floor 1, to be one-bedroom units. The remaining 20 units are all two-bedroom units. Those plans also identify 2,two-bedroom units(Units"B"located on Floors 1 and 2)to be dedicated affordable units under the Inclusionary Affordable Housing Requirements of the General Ordinances which is the current Section 9 of the Codes of the Town of Barnstable. That section requires those units to be marketed to individuals or households with a total annual income that does not exceed 65%of the median income for the Town. Please note,this adjustment is limited to that specified herein.All other requirements of the Special Permit remain in full force and effect. Any further divergence will require a modification by the Zoning Board. Respectfully, Art Traczyk,Principal Planner File: L-091906 to Bornstein on Village Market.doc Copy: ZBA File 2004-050 Gail Nightingale,Chairman—Zoning Board of Appeals David T.Houghton,Assistant Town Attorney Tom Perry,Building Commissioner Ruth J.Weil,Director Growth Management Department Thomas A Broadrick,Director Regulatory Review Services 04 OCT 6 Ail 10: 21 B•AR STAB CLERK Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-050-One Village Market Place Special Permit- Section 4-4.4(2) Nonconforming Building or Structure Expand non-conforming structure by adding 24 multi-family units not in conformity to the requirements of zoning Summary: Granted with Conditions Petitioner: bne Village_Markef Place L` Property Address: 185 and 2�22233Stev_ens SG,Hyannis,MA Assessor's Map/Parcel: Map 308 as Parcels 25 and 258 Zoning: B-1 Business Zoning-District Relief Requested&,Background: Appeal 2004-50 is seeking a special permit to allow the intensification of the use of a site that is now nou- conforming to the district regulations in which it is located. The applicant is seeking to maintain those aspects of tke non-conforming buildings and structures that exist on the site while expanding the principal permitted use of site. The existing site is composed of two parcels for assessing purposes,numbers 25 and 258. The applicant has presented the lots as one for the purposes of zoning,in that both lots are being used together as one. According to the Assessor's Record,the 5.07 acres site is developed with five mixed-use buildings. All of the buildings are three-story structures,identified as commercial on the first floor and residential above.- The applicant's plans cite that there are a total of 52 existing apartment units and a total of 30,000 sq.ft.of commercial space. The original buildings were constructed in 1977-78. At that time,approximately one-third of the site was zoned Business B,and the other two-thirds designated UB.Urban Business. It was rezoned to B-1 Business in Julie of 2002. Prior and present zoning permits commercial and multi-family(apartment)uses as principal permitted uses. Today's B-1 regulations and multi-family(apartment)requirements have created non-conformities with regards to the structure and site layout,specifically,maximum building height and number of stories,maximum floor area ratio,minimum lot area per dwelling unit,perimeter green space and minimum front yard setback. According to the plans presented,the applicant is seeking to develop a sixth building on the site. The building is to be a three-story structure measuring 62 by 228 feet overall(42,408 gross sq.ft.). The structure is to house - 24 new two-bedroom,two bathroom apartments: r Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January' 22,2004. An Extension of Time for holding the hearing and for filing of the decision was executed between the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 31,2004, contiriued to May 26,2004,August 04,2004,and to September 22, 2004, at which time the Board found to grant the appeal. Board Members'deciding this appeal were,Randolph Childs,Ron S.Jan_sson,Richard Boy; Jeremy Gilmore,and Chairman Daniel M. Creedon M. ' Attorney Edwin Taipale represented the applicant,Stuart Bornstein who was also present. Plans for the ' proposed new structure were presented. It was noted that the new building would be a three-story;multi-family, use limited to 24 dwelling units. All would be two-bedroom units. The location of the'structure and its height ' R i does not conform to the B-1 Business Zoning District regulations,but would not be more intrusive or higher that the existing structures that today are non-conforming to the district regulations. Mr.Bornstein noted that the existing five buildings would be upgraded and improved also. The first floor would remain commercial and business use and the upper floors would remain 52 one and two-bedroom apartments as they now are. He cited that a former restaurant use has been converted to retail and office space and there will be sufficient parking for the existing uses and the proposed new apartments on-site. Mr. Bornstein agreed that the site with the existing buildings and the proposed new building would constitute full build-out and no more space or apartment units added. , The Board questioned if the addition would trigger a Cape Cod Commission review as a Development of Regional Impact(DRI). Mr.Bornstein stated that he did not believe so. The Board noted that Article LXIII (63),Inclusionary Affordable Housing Requirements of the General Ordinances would require ten_percent of the new residential units to be restricted as affordable units in perpetuity. The Board asked about the height of the new building and it was stated that the building would not go higher than the existing buildings located on the property—30 feet to plate. The Board also expressed its desire to see a building designed more in keeping with a Cape Cod style. Mr.Bornstein agreed to rework the architectural mi plans of the building. Mr.Bornstein noted that he would probably be converting the site to condominium ownership. Public comment was requested and Ralph Dagwan,an abutter,cited his concerns fof the existing deteriorated retaining walls and his concern for the location of the trash receptacles against his property line. He submitted a letter and photos. Debra Dagwan;and Stacy Mendes, abutters also expressed concerns for the location of the new building and the need for screening. . This appeal was continued until May 26,2004 to research unresolved issues. At that hearing the Board and 'rta applicant discussed the proposal with respect to the Cape Cod Commission DIR referrals and it was determined that the Commission staff should be contacted and a determination made by the commission with respect to this proposal. The Board continued the hearing to September 22,2004. At that hearing,the Board and applicant noted that the staff of the Cape Cod Commission did not see this as a DRI provided the applicant retained the mixed commercial use—office'and retail of the first floor. The applicant presented revised building plans for the Boards review. The Board and applicant discussed the proposed conditions contained in the September 15,2004 Follow-up Staff Report. The issue of the deteriorated retaining wall was raised and Mr.Bornstein agreed to construct a new retaining wall on the easterly side of the property. Findings of Fact: , At the hearing of September 22,2004,the Board unanimously made the following findings of fact: 1. Appeal 2004-50 is that of the applicant,One Village Market Place L.P. seeking a Special Permit in accordance with Section 4-4.4(2)Nonconforming Building or Structure Not Used as Single or Two- Family Dwellings. The applicant seeks an expansion of the existing non-conforming structures with the addition of 24 multi-family units in a three-story building located not in conformity to the requirements of zoning. The property is located as shown on Assessor's Map 308,Parcels 25 &258 addressed as 185 and 223 Stevens St.,Hyannis,MA in a B-1 Zoning District. 2. The applicant is seeking a Special Permit to allow the intensification of the use of a site that is now non conforming to the district regulations in which it is located. The applicant is seeking to maintain those aspects of the non-'conforming buildings and structures that exist on the site while expanding the. principal permitted use of the site.. 3. The existing site is composed of two parcels for assessing purposes,numbers 25 and 258. Together the lots total 5.07 acres and are developed with five mixed-use buildings. The applicant has presented the lots as one for the purposes of zoning in that both lots are being used together as one. The issue of two lots and the ability to use the two together was questioned at Site Plan Review. It is apparent that the two lots are tied together from a zoning perspective and can be considered one for the purposes of zoning. 4. According to the Assessor's Record,the 5.07 acres site is developed with five buildings. All of the buildings are three-story structures,identified as commercial on the first floor and residential above. Figures on the total area of the five buildings vary from 100,346 sq.ft.,according to the Assessor record, to 228,326 sq.ft. according to the application. The applicant's plans cite that there are a total of 52 existing apartment units and a total of 30,000 sq.ft. of commercial space. 5. According to the plans presented,the applicant is seeking to develop a sixth building on the site. The building is to be a three-story structure measuring 62 by 228 feet overall (42,408 gross sq.ft.). The structure is to house 24 new two-bedroom,two-bathroom apartments. In addition,according to the parking calculation,the first floor commercial area in the five existing buildings will be converted to 8 office suites totaling 24,300 sq.ft.,and 2 retail stores totaling 5,200 sq.ft. 6. The original buildings were constructed in 1977778. At that time the site was split between Business B and UB Urban Business Zoning. It was rezoned to B-1 Business in June of 2002. Prior and present zoning permits commercial and multi-family(apartment)uses as principal permitted uses. However today's B-1 regulations and multi-family(apartment)requirements have created some six non- conformities aspects with regards to the structure and site.layout. 7. Section 4.4.4(2)permits alterations or expansions in a pre-existing nonconforming building or structure by a special permit from the Zoning Board of Appeals. This application falls within that category specifically accepted in'the ordinance for a grant of a Special Permit, 8. The applicant has disbanded a restaurant once located on site and much of the commercial space has been converted to office use. That change has reduced the need for on-site parking and•has reduced traffic flow into and from the site. 9. Article LXIII(63),Inclusionary Affordable Housing Requirements of the General Ordinances of the Town of Barnstable requires that in multi-family developments at least ten percent of the residential units constructed shall be dedicated by deed restriction to Affordable Housing Units in perpetuity. The applicant is aware of this requirement and has agreed'to provide two of the new units as affordable units in perpetuity., 10. After evaluation of all the evidence presented,the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good'or the neighborhood affected. 11. A site plan has been reviewed by the Site Plan Review Committee and found approvable'. Decision: : . Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. This permit is granted pursuant to Section 4-4.4(2)Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings to allow for the expansion of the existing non-conforming structures with the addition of 24 two-bedroom,multi-family units in a three-story building. 2. The location of the proposed building shall be as show on plan presented and entitled"Site Plan of Land .location:223 Stevens St.,Hyannis,MA prepared for: One Village Market Place LTD.Part,"as prepared by Weller&Associates dated 01-06-04,revised 05-25-04. 3. The building shall be built in conformance with plans presented to the file,as drawn by Peter F.Dimeo, Associates,Inc.,and labeled"Progress Print"dated 05-24-04 and 05-25-04"and consisting of 4 sheets showing proposed elevations and floor layouts. 4. The height of the proposed structure shall not exceed; 30 feet to plate nor exceed 42 feet to the highest ridge nor shall the height of the buildings exceed the height of the current buildings located on the property. The height of the building shall be the lesser of the two cited above. With respect to the architectural turrets,the height to plate shall not exceed that shown on the plans presented. 5. The units shall be connected to public water supply and to the Town's Wastewater Treatment Facility. 6. The existing retaining wall on the easterly side of the property that is deteriorating shall be replaced with a new retaining wall to be built a minimum of two-feet inside of the applicant's property,or to be, replaced in its existing location with the consent of the property owner(s). If a new wall is built,the area between the new wall and the old shall be backfilled. In either case,a wood fence shall be erected above the wall for safety purposes. The responsibility and cost of rebuilding/replacing this wall shall be the applicant's. The engineering plans for the wall shall be reviewed and'approved by both the Building Division and the Engineering Division of the Town.'The applicant shall take all necessary precautions to ensure that the neighboring properties are not disturbed. 7. On-site dumpsters shall be located for the convenience of the residences. There shall be not less than three dumpsters provided on-site at scattered locations. Each shall be screened and meet the requirements of the Health Division and sited so as not to be located adjacent to neighboring residences. The location of the dumpsters and screening shall also be approved by the Planning Division._ 8. Once construction is completed,there shall be no storage trailers permitted on the site. 9. Two(2)of the housing units located in the proposed new structure authorized in this decision shall be restricted to affordability in perpetuity in full compliance with Article LXIII of the General Ordinances of the Town of Barnstable. The two units shall only be sold or rented to qualified households with an income of not more than 65%'of the median income and the unit must be priced so as to be affordable and not exceed a monthly cost of 30%of 65%of the median income,including principal and interest, taxes and condominium fees if sold,or in the case of a rental unit,rent and utilities. With respect to protecting the perpetuity of the affordable unit-as applicable-the deed restriction,condominium documents if applicable, and the monitoring agency shall be required to be reviewed and approved by the Town Attorney's Office. ,The applicant can designate the affordable units. 10. Each of the residential units shall be sold or leased with the exclusive rights to one out-door parking space. This condition shall apply to the proposed development area and the existing developed area. In no instance shall any unit be leased for a period of less than 6 months. 11. Hereafter,the building footprint,including decks and other structural elements,shall not be expanded V nor shall the total gross area of the building be expanded beyond that shown on the site plan and on the plans for the building without permission from the Zoning Board of Appeals. The total number of residential units on the entire site shall not exceed 76 units and the totals number of bedrooms shall not exceed-123. r 12. All commercial/business use shall be restricted to being located on the first floor only,and only within the now existing 5 buildings. Commercial/business uses shall conform to those permitted in the Zoning District in which the development is located. The total number of tenants(business entities)shall not 4 exceed 15 (fifteen)and the mix of commercial tenants consistent with on-site parking requirements for the district. 13. All site amenities—lights,benches,waste receptacles,and the like-shall be identical or similar to those recommended by that Hyannis Downtown/Waterfront Historic District Commission in its design guidelines. 14. The existing parking lot shall be improved with added landscaping,removal of dead trees and replacement of them with suitable Street Trees. New lighting shall be installed and landscape improvement and site amenities added to the existing brick plaza areas. These improvements shall be designated on plan and that plan submitted to the Building,Planning and Engineering Divisions of the Town for approval. 15. All lighting shall conform to those requirements of the Historic District and shall also conform to the guidelines of the Cape Cod Commission in terms of illumination. The vote was as follows: AYE: Richard L. Boy,Randolph Childs,Jeremy Gilmore,Ron S.Jansson,Daniel M. Creedon NAY: None Ordered: Special Permit 2004-50 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, sh a made pursuant,to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the of th n, a copy,of which must be filed in the office of the Town Clerk. Daniel M. Creedon HI,Chairman Date Signed " I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals fled this decisiodand that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. `Linda Hutchenrider,Towri Clerk µ 5 I Town of Barnstable Planning Division Thomas A.Broadricl,Director { . Planning,Zoning&Historic Preservation b Memorandum Date: August 05, 2004 To: Robert Smith,Town Attorney Ruth Weil,Assistant Town Attorney David Houghton,Assistant Town Attorney To: Tom Perry,Building Commissioner From: ur t.Tra zyk,Principal Planner File 4etters-2004-M-legal BC DRI One Village 080504.doc Subject: Appeal 2004-50r-One Village Market Place,185 and 223 Stevens St.,Hyannis,MA (Assessor's Map 308,Parcels 25 &258) —Request for review of proposed development with respect to Cape Cod Commission Development of Regional Impact(DRI)criteria. At the August 04,2004 Zoning Board of Appeals hearing on the above referenced appeal,the issue of the proposed development surfaced,triggering a Cape Cod Commission review as a Development of Regional Impact(DRI). Arguments were submitted by staff and by the applicant on the issue, and briefly discussed by the Board and applicant's representative. The Board determined it would seek the review and input of the Town Attorney's Office and of the Building Commissioner on the issue before any action on their part. Appeal 2004-50 is that of Stuart Bornstein,proposing to add 24 multi-family units to the existing One Village Market Place development. One Village Market Place is a 5.07 acre site developed with five buildings having a total of 52 existing apartment units and 8 commercial-office suites totaling 30,000 sq.ft. The applicant has applied to the Zoning Board for a special permit for expansion based upon the non-conforming nature of the structure and site expansion of the existing development. The permit appears to be necessary to accomplish the development as per plans submitted. The permit requested is only related'to structural components and not to the use, as the use is permitted as-of-right. 4 This appeal was continued to September 22, 2004. The hearing packages will be sent out from this office on September 16, 2004. On behalf of the Zoning Board I wish to thank you for assistance in this issue. Copy: Stuart A.Bornstein,North Street Limited Partnership,297 North St.Hyannis,MA 02601 Daniel M.Creedon III,Chairman,Zoning Board of Appeals ZBA File Appeal 2004-50 i, INE ro Department of Public Works 47 Old Yarmouth Rd. P.O. Box 326 °s Water Supply Division Hyannis,MA. BARNSTABLE, * 02601-0326 .P NLkSS. 0a TEL:508-775-0063 $prF16 9' Hyannis Water System Operations FAX-508-790-1313 Hyannis Water System Pressure Test Report ' Location: 3ZO S7eve17 e sT 42Z-71ZM s -/-ZO, - 4j1 E571-;, Type of Test, Distribution Main: e--- Fire Sprinkler Line: ✓Distribution Main test to be conducted at 150 psi for a minimum of 2 hrs. There can be no more than a 5 psi + or—variance during the duration of the test. Fire Sprinkler test to be conducted at 200 psi for a minimum of 2 hrs. There can be no more than a 5 psi + or—variance during the duration of the testa Pass: Fail- Re-test, Pass: 1 J-essew I.—: �rtctel ad ,Iaz Date: �5fi��a 7 ' Qr1 sib� W�Te�2.�Ri�,1�sr'7ec7�9�? ww;p WhiteWater-Pennichuck Operated and Maintained by WhiteWater,Inc.and Pennichuck Water Services Corp. Jun 20 07 09:46a Stacy Flood • 978-562-6246 p. 2 1 1 1 1 Structural Engineering STRUCTURAL FINAL AFFIDAVIT FOR CONSTRUCTION CONTROL TO: Joe Lambalot Advantage Construction Two Adams Place, Suite 100 Quincy, MA 02169 RE: Hyannis Commercial Building 700 Main Street Hyannis, MA PROJECTNO.: FC#0568 DATE: June 20,2007 To the Building Commissioner: In accordance with Section 116.0 of the Massachusetts State Building Code,this letter shall serve as a Final Affidavit for the above-referenced building and that to the best of my knowledge,the provisions of the building code have been complied with and the area of work meets the requirements of the construction documents. or e�icr ' R PROWD Lic. #42868 ORIG SIGNATURE MASS. REG. NO. MAL Stacy R. Flood,PE 56 Laurel Drive • Hudson, MA 01749 • TEL: (978) 562-6499 FAX: (978) 562-6246 Construction Completion Notice In accordance with 780 CMR; Section 116.0 of the Massachusetts State Building Code, I Robert M. Hodnett ,being a Registered Professional Engineer certify that I or my designee have performed the necessary professional services and have been present on the construction site to determine the work proceeded in accordance with documents approved for the building permit, and have been responsible for the following as specified in Section 116.2.2 1. Review, for conformance to the design concept, shop drawings, samples and other submittals,which are.submitted by the contractor in accordance with the requirements of the construction documents. 2.' Review and approval of the quality control procedures for all code-required controlled materials. 3. Having been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine, in general,if the work has been performed in a manner consistent with the construction documents. FtoacRT M. MO()hE FtFte PROTECTION p; 33359 Q� v ~9FGISTE� � (Signature& Seal) Project Title: Hyannis Commercial Project Location: 350 Stevens Street Hyannis, MA - Nature of Project: Installation of a new wet/drypipe automatic sprinkler system per the applicable sections of NFPA-13 and CMR 780. I "SA YOKI FOR . s masters UC-4 220 HIGH STREET(REAR), TAUNTON, MA 02780 • PRONE (508)823-0279 I FAX (508) 823-5169 July 10, 2007 Building Department Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: 700 Main Street Hyannis, MA Subject Electrical Final Affidavit I certify to the best of my knowledge, information and belief,the plans for the captioned building were designed in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. I further certify that I or my authorized representative, have inspected the work during construction and that to the best of my knowledge, information and belief the work has been constructed in conformance with the permits and'ELECTRICAL Plans approved by the Building Department and with the provisions of the Massachusetts.State Building Code and all other pertinent laws and ordinances. State of County of_Qri Sworn to and subscribed before me on ORIGINAL SIGNA A AL the_�day of [ 2 nn a,w� Robert A. Young Nb11c'S Sign lure Young Electrical Services, Inc. My cvmmiSSIOn Expires - - u 1 Page 1 of 1 4 ARCHITECT CONKRUCTION CONTROL AFFIDAVIT AT PROJECT COMPLETION RrojeCt,Numtx3r 27:2005 '. ?OO Main Street-Commercial Btdg Projet Name New Commercial Btulting Project Title 700 Main Sheet ' s. New building consisting of first floor retail%restaurant, Second floor:office. Scope ofpvoie& space in 666ordance with paragraph 116.0 of 780 CMR,the Massachusetts State Budding Code;.l, Mark 1Vlarinacc>o: . 7878: Massachusetts Registration.Number being a eegl prctessional Ardyttect'hereby Certify.that all pleats, and speciticadons,and chmruies. thy,invahring subjeiA p v0d have + by under the direct supervi of a 4OsteradarOftectqr:Maisa6I4sWsregistered:professlonai engine:arx!b e iris her,ongirial:signature and ' seal:or by.the legally recognized professlonaperforrning the work,as defined by Massachusetts General!aw (MA L Y c:112,§8111: . FAr the alva named project l;:or a registered Profess;onai architert/er�ineer urui my co8mzanve,have reviewed the design concept,shop drawings,samples and otter.submittals.which are submitted by the contractor in : aco darsce whit the requirements.of the construcU documerrts. ' I have reviewed and.appn�nred the gtW.Ky control procedure§i all wired controlled mat ials 1 firth oert)ttrt l Was present on the oonstNEtic3n�It art Ials aitisfe.tb tt�e a at oon�niction to bye generally farnUlar with the progress and quality of OWwork and to determine;In gener>9ii,if the work was :beirr preformWin a manner.00nslstent with the on,docurnerrts Pursuant to. 00 CMR 1462.3 l:have prmlded:tha recite of sUuctUral tests. Anspei ions to the building official and-owner: V have submitted,periodically,a progress report wlth all pertinent continents of the site visits and compliance of all perttttent her s to the fiUlidir5g oft- 1.)Have wuhided.d report ag to tltb WdSWOrry CWpleWft end the reMM ess of the Prclect far ogcuParicy, " �1 �'Archrted Date . Subscribed and swiom to before me this�day of.' !1,\ t lil{I I! a r �ru rf t�w 4 n N Public "�- r�4 �Olate mi" EpgN�DY 8/00 N tefy lrOm-Anwnb of MAMChusett$ Pry � .f=rls t t { .My Comm.Explm Obatembar 21,1012 4.; d ryye r • 4r, PLUMBING&MECHANICAL,LLC Industrial Piping•Gasfitting•Plumbing•Metal Fabrication•Air Conditioning Town of Barnstable Final Construction Control Affidavit Project Number: Project Title: Advantage Construction Commercial Building Project Location: 700 Main st Name of Building: Nature of Project: New Commercial Construction In accordance with Section 248 CMR:BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS, I,_ PauLAlbemaz_ Master Plumber Lic.. #13799 Being-a-Registered-Licensed-Master Plumber with the BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS,HEREBY CERTIFY that I have prepared or directly supervised the preparation of all design,installation and specifications concerning: Plumbing - Gas Fitting - HVAC I further certifyAhat I have performed the necessary professional services and either my representative or I have been present.on.the:construction site on a.regular and periodic basis to determine that the work.has proceeded in accordance with the documents submitted for th building permit. UPON COMPLETION OF THE WORK,I AM SUBMITTING THIS FINAL REPORT AS TO THE SATISFACTORY COMPLETION:OF THE PROJECT FOR OCCUPANCY.. Paul Albemaz Owner/Member PO Box 9628 Fall River, MA 02720 Tel: (508) 916-1553 or(508) 916-1604 • Fax: (508) 676-0787 THE DEMPSEY GROUP, INC. 8 Beaumonts Pond Drive Foxboro, MA 02035 Tel. (508) 543-5499 STRUCTURAL ENGINEERING CONSULTING CIVIL ENGINEERING • INVESTIGATIONS REPORTS March 09,2007 Mr. Stuart Bornstein Holly Management&Supply Corp. 297 North Street Hyannis,MA 02601 Re: Village Market Place-North&Stevens Street=Hyannis,MA Brick Veneer Analysis&Recom�endations TDG Dear Mr.Perry, This report-summarizes-the results of our analysis of the exterior brick veneer walls at the five(5),three(3)story buildings that comprise the older portion of Village Market Place,located in the northeast quadrant of the intersection of North and Stevens Streets in Hyannis,MA. Following is a discussion of our observations and . recommendations. Please refer periodically to the photographs cross referenced by number in the report. Observations On January 29,2007,I visited the site to inspect the brick veneer from inside one of the units in building 93. Present also at that time were Mike Roberts and Paul Cassasantes of Holly Management. The walls inside the unit had been stripped to the studs. Behind the studs was Homosote sheathing with a two(2)inch cavity and brick veneer. We broke through the Homosote to reveal the back side of the brick at two(2)locations(see photo#1 & #2). Corrugated metal wall ties designed to connect the veneer to the studs were observed in several locations. They were set in the mortar joints and apparently nailed through the Homosote to the studs. In all instances,the nails had pulled out of the stud,probably a result of drying and shrinkage of the wood around the nail as well as wind suction on-the walls(see photos#3 thru#6). In my professional opinion,this condition is likely rampant throughout the site and should be rectified in all five(5)buildings. Recommendations Since there are no guarantees that the corrugated ties can be relied upon to connect the brick veneer to the stud frame in any building,I recommend that all walls covered with brick veneer be stabilized with,stainless steel helical wall ties. Acceptable products include Helifix Remedial Wall Tie by Helifix North America;Heli-tie Helical Wall Tie by Simpson Strong Tie;and Stitch-Tie by Construction Tie Products(see technical data attached)"The ties should be eight(8)inches long by three-eighths(3/8)inch diameter and of stainless steel. They-may be installedTrom the . interior or exterior of the building in a pattern of sixteen(16)inches on center horizontal,by twenty-four(24)inches, All manufacturers recommend that site testing be provided to verify pull-out capacity in the mortar;joints,brick and wood studs. Therefore,on February 26,2007 I returned to the site with Pat Morrisey of Helifix who performed pull> tests on all three(3)materials(see photo#7 thru#11). Paul Cassasantes of Holly Management Was`5 also with us w that day. Results of those tests produced a minimum pull-out value in excess of four hundred fifty (450)pounds. h% order to satisfy tliq Massachusetts State Building Code requirements for a ninety(90)mph hurricane force wind ands corresponding twenty-five(25)psf suction pressure,the pull-out value required for a sixteen(16)inch by twenty- cofour(24)inch pattern(two point six seven(2.67)square feet)and five(5)to one(1)safety factor is: �- 25 psf x 2.67 sf x 5=333 lbs Since our minimum pull-out results exceed this value,the ties satisfy the Code. I 03/09/07 Mr. Stuart Bornstein Brick Veneer Analysis&'Recommendations Village Market Place North&Stevens Street Hyannis,MA 2 In our professional opinion,the building facades remain fundamentally safe and all five(5)structures may continue to be occupied,however we recommend that a program of remedial work be implemented as soon as possible, beginning with building#3,since hurricane season is only a few months away. Should you have any questions about this letter,please do not hesitate to contact me. Respectfully, THE DEMPSEY GROUP,INC. Richard J.De p ey,P. . President a '�j"OF Mass�y 9 RICHARD J. DEMPSEY a STRUCTURAL �No.29173a �� � '��.v_? .. � T T *'•"""�' a�yM4 �� ��„-ze..eK'''�?,'o"'+Y'f �L�yy m • � , p 2, 1j Ph z � N r a� z 4 � t n e ) a S j 3 Jk- I 10, , r { _ ml ' � y w r I i t _ r 1� N ��� Cat `� �� �...�.+-------• k, fN 2 h Y r.rr 1 ��„�.; • 0 0 " h ! J Ak ff ..1 t. f r r r ` e - k, ��O f f 01'a 5111A vim k a DryFix Mpsonry Repair 8mm BRICK TO WOOD STUD SPECIFICATION All brick veneer is to be stabilized to the wood stud backup by means of an 8mm Helifix 304 stainless steel remedial wall tie by Helifix North America. INSTALLATION PROCEDURES Install Helifix stainless steel ties used in a 'DryFix' technique at specified spacing as per the following procedures: A ® A 6.5mm entry hole shall be drilled through the brick veneer by means of an electric hammer drill (3 jaw.chu(jk type). o A further 6.5mm entry hole shall then be drilled into the wood stud backup to a depth of approximately.3 inches (75mm), by means of an electric hammer drill (3 jaw, chuck type) NOTE: Site testing will verify drill entry hole sizes and any necessary adjustments may be made at that time. , O The Helifix tie shall then be driven into position at an embedment of approximately 2 inches and recessed by means of a Helifix 'DryFix' setting tool mounted on an S.D.S. rotary hammer drill. O .Patch all penetrations to match existing"as approved by the specifier. ALL RELEVANT DRILL BITS AND SETTING TOOLS SHALL BE SUPPLIED BY r ® 110 Maplecrete Road, Concord, Ontario, i; Canada L4K 1 A4 Toll Free: 888-992-9989 • _u Tel: 905-761-0042 Fax: 905-761-0045 ( I North America Corporation www.helffli.com Helifix and DryFix are Registered Trade Marks of Helifix.Limited US Patent No.5,586,605,5,687,801 and 5,772,375.Copyright©Helifix Limited 1998 • r ��j 4& I Dry Fix Masonry., Repair 8mm BRICK TO WOOD'STUD (MORTAR JO/N7) SPECIFICATION All brick veneer is to be stabilized to the wood stud backup by means of an.8mm Helifix 304 stainless steel remedial wall tie by Helifix North America. INSTALLATION PROCEDURES Install Helifix stainless steel ties used in a 'DryFix' technique at specified spacing as per the following procedures: O A 5mm entry hole shall be drilled through the mortar joint and continuously drilled into the wood stud backup to a minimum depth of 3 inches (75mm). This procedure shall be carried out by means of an electric hammer drill (3 jaw chuck type). The entry holes shall be drilled in the mortar joints at the approximate center of the brick, (not the Head or 'T'joints). NOTE: Site testing will verify drill entry hole sizes and any necessary adjustments may be made at that time. O The Helifix tie shall then be driven into position at an embedment of approximately 2 inches and recessed by means of a Helifix 'DryFix' setting tool mounted on an S.D.S rotary hammer drill. O Patch all penetrations to match existing as approved by the specifier. ALL RELEVANT DRILL BITS AND SETTING TOOLS SHALL BE SUPPLIED BY: 110 Maplecrete Road, Concord, Ontario, "p A Canada L4K 1 A4 Y+n 3 F' Toll Free: 888-992-9989 Tel: 905-761-0042 Fax: 905-761-0045, North America Corporation WWW.he11f!x.00t17 Helifix and DryFix are Registered Trade Marks of Helifix Limited US'Patent No.5,586,605,5,687,801 and 5,772,375.Copyright©Helifix Limited 1998' r .. _: ..y 3,.-.�.r.._E....-.'H�a.*�.w ;5� ,.:'$z.�,.. ..�`a..ii"�:'.S,us...t�.�..�]i,1....Ac,:��.�h;•s..ri.as...SJ�:.. - HELI-TIE"Helical Wall Tie Strong-Tiel ANCHOp SYSTEMS -`� The Heli-Tie'"is a stainless steel helical tie used to anchor building fagades to structural members or to stabilize multiple wythe brick walls.The helical design allows the tie to be driven quickly and easily into a predrilled pilot hole (or embedded into mortar joints in new construction)to provide a mechanical connection between a masonry fagade and its backup material or between multiple wythes of brick.As it is driven,the fins of the tie undercut the Heli-Tie'" masonry to provide an expansion-free anchorage that will withstand tension and U.S.Patent Pending compression loads.The Heli-Tie is installed using a proprietary setting tool that is used with an SDS-Plus shank rotohammer to drive and countersink the tie. Heli-Tie performs in concrete and masonry as well as wood and steel stuns. •Installs quickly and easily-With the rotohammer in drill and hammer mode the tie installs faster than competitive products. •Provides an inconspicuous repair that preserves the appearance of the building.After installation the tie is countersunk up to 1/2"below the surface,'allowing the tie location to be patched. •Corrosion resistant stainless steel. •Larger core diameter provides higher torsional capacity resulting . in less deflection due to"uncoiling"under load. •Fractionally sized anchor-no metric drill bits required. •Patented manufacturing process results in a more uniform helix along the entire tie allowing easier driving and better interlock with the substrate. •"Simpson Heli-Tie"printed on every tie for easy identification i and inspection. 304 stainless steel(316 available by special order, contact Simpson for details) CSA A370 unrym •Drill pilot hole through the fagade material and to the specified embedment depth+1"in the backup material using appropriate drill bit(s).Drill should be in rotation only mode when drilling into soft masonry or into hollow backing material. •Position the Heli-Tie in the installation tool and insert the tie into , Installation Sequence the pilot hole. With the SDS-Plus rotohammer in rotation and hammer mode,drive the tie until the installation tool shoulders up to the exterior surface of the masonry and the drive pin is fully extended.The installation tool i3, will countersink the tie below the surface.Patch the hole in the fagade using a color-appropriate material. 1 CD 1 CD Heli-Tie Product Data Slze Model1,1', rd Dial" Quantity , j o o (m) No (in t� Boz+; Carton'; y Z %x 6 HEL137600 100 F 400 3/8 x 7 HEL137700 100 400 3/e x 8 HEL137800 7/32 100 400 0 3/e x 9 HEL137900 or 100 400 s 3/8 x 10 HEL1371000 '/4 150 300 N N 3/e x 11 HEL1371100 150 3001 Special order lengths 3/8 x 12 HEL137120Q 150 300 available,contact Simpson for details, Heli-Tie Installation Tool-Model HELITOOL37 Required for correct installation of Heli-Ties. Speeds up installation and automatically countersinks the tie into the fagade material " up to 1/2'.The recessed end of the drive pin frictionally imparts torque onto the tie causing it to thread into the pilot hole faster than HELITOOL37 competing ties.The cutaway at the tip prevents drill dust from jamming the tie in the tool and allows visual verification of how far the tie has been driven.Features an SDS-Plus shank and is designed for use in rotation and hammer mode.Installation tools sold individually. 1 �:Strong�T><e lr: rza HELI-TIE Helical Wall Tie 'ANCHOR:SYBTEM9_: Guide Tension Loads in Various Base Materials ° �. t�• 8'i� 1�',;�aN�i"d'* atyry !#��' t .t's. +.n � � r La �� «� Mln a a Tension Load' �c 7,r Size Base tArtchor Drlll Bit Embed. r, �, ; r Caution:Loads are guide values In i z ,Load at�Max7 '�Stapdard� (min) «•Material LacatmnI , I Depth 4sUltimate� permitted Dtspl 3g Deviation based on laboratory testing. In ,In Ibs K Ib y .� On site testing shall be performed for verification of capacity since base material quality can vary '/32 .570 240 79 widely. Mortar (2.5) (1.1) (0.4) Bed Joint 1/4 365 130 46 Solid (1.6) (0.6) (0.2) 1.Tabulated loads are guide values based on Brick' 7/32 1,310 565 84 laboratory testing.On-site testing shall be Brick (5.8) (2.5) (0.4) performed for verification of capacity since Face base material quality can vary widely. 1/4 3 815 350 - 60 2.Ultimate load is average load at failure of the (76) (3.6) (1.6) (0.3) base material.Heli-Tie average ultimate steel Mortar# �/ 530,, 285 79 K#: strength is 3,885 pounds and does not govern. Bed`Jolnt 1 2 q *'' 3.Load at maximum permitted displacement is ( ) (1.3,) (04) L_ P p Hollow : �' 775 Y 405r �:f �� average load at displacement of 0.157 inches Bricks ` /- , " 47 4 min The designer Brack � ��.�,. , • '':(3 4) + *« .•,�,{1.8 . rW ( )� shall apply a suitable Face ` �� ;� ") (0 2) ,,° factor of safety to these numbers to derive /4� 510, 185:r� Jt 20�t" allowable service loads. .(0.8) C, 0.1)1;p; 4•Solid brick values for nominal 4-inch wide 7/32 1,170 405 79 solid brick conforming to ASTM C62/C216, Center of (5.2) (1.8) (0.4) Grade SW:Type N mortar is prepared in w Face Shell accordance with UBC Section 2103.3 and 1/4 330 350 60 UBC Standard 21-15,or IBC Section 2103.8. (3.7) (1.6) (0.3) 5.Hollow brick values for nominal 4-inch wide 1,160 440 56 hollow brick conforming to ASTM C216/C652, Grout-Filled CMUeled Web 7/3z . (5.2) (2.0) (0•2) Grade SW,Type HBS,Class H40V.Mortar is prepared in accordance with UBC Section 1/4 (316) (335 100 2103.3 and UBC Standard 21-15,or (0.4) IBC Section 2103.8. 3/s 7 720 320 71 6.Grout-filled CMU values for 8-inch wide (9.0) Mortar /3z Bed Joint 2 3/4 (3.2) (1.4) (0.3) lightweight,medium-weight and normal-weight (70) 530 205 58 concrete masonry units conforming to UBC 1/4 Standard 21-4 or ASTM C90,Grade N,Type IL (2.4) (0.9) (0 3) The masonry units must be fully grouted with 7/, >.790 305 56 t grout conforming with UBC Section 2103.4 or l) Center of (3.5)' (f:4 (0.2) IBC Section 2103.12.Type N mortar is Face Shell 777 , 505 r v255 46 prepared in accordance with UBC Section Hollow. , « 2;P , ) 2103.3 and UBC Standard 21 15,or ( ) (1:1), (02 , CMU7 fM1, IBC Section 2103.8. ,/� 1;200 '445�"�•° ' '50 7.Hollow CMU values for 8-inch wide lightweight, y (5.3) (2.0 0.2 .`7 ( ) medium-weight and normal-weight concrete `o Web 675 385` 96 masonry units conforming to UBC Standard C (3.0) '(1.7) (0.4) 21-4 or ASTM C90,Grade N,Type II.Type N Q , 13/4 880 410 76 mortar is prepared in accordance with UBC Normal-Weight _ /32 (44) (3.9) (1.8) (0.3) Section 2103.3 and UBC Standard 21-15, Concrete or IBC Section 2103.8. Z 1/4 ' 23/4 990 380 96 8.Normal-weight concrete values for concrete C 70 4.4 _ ( ) ( ) (1.7) (0.4) with minimum specified compressive strength a c� , m gS90 370 tt 24 1, of 2,500 psi. 2 2x4 Wood Center of c% 23/4 (2.6 �(1.6)' 1(01)* 9.2x4 wood stud values for nominal 2x4 Stud911 ,Thin Edge ;*� ro (70) '"450 � "x� 260 M, , �6 p` Spruce-Pine-Fir. /4 t>.a •. 10.Metal stud values for 20-gauge C-shape Z 0)€'h f metal stud. 0 7/32 - 200 120 8 11.For new construction.Anchor one end of tie y Metal Stud",' Center of 1 (0.9) (0.5) (0.0) into backup material.Embed other end into N Flange (25) 155 95 2 veneer mortar joint.Not for retrofits due to '/4 difficultyof locating center of 2x4 or metal (0.7) (0.4) (0.0) 9 stud flange. o Y N U N Compression(Buckling)Loads Unsupported Heli-Tie Tension Tester Size Compression in length;,'' Load'. ' Model HELITEST37A (mm) In.r' mm): lbs Recommended equipment for (kN) on-site testing to accurately determine load values in any 1 1;905 (25) (8.5) specific structure.The Heli-Tie tension tester features a key. 2 1,310 1.The designer specifically designed to grip 3/e „ (50) 1 ;,,, '(5.8), ,shall apply a the Heli-Ti -e and provide (9.0) 4 980 suitable factor,of safety to accurate results. (100) (4.4) these numbers Replacement test keys sold 6 785 to derive separately(Model HELIKEY37A). 150 (150) (3.5) allowable service loads. - •e a e. ' e ARCHITECTS ENGINEERS CON-rRACTORS A,T�� ' _ � � ' t� I u�}r s I ,l"`�+" *Dk' �YR}• k`�Ai 4"' ui�:`' �^�1i fi i,. MECHANICAL RE-ANCHORING HELICAL F2.E-ANGFiORINU. STONE PANEL ' .. , .:. RE-ANCHORING RE-BRICKING OR BRICK VENEER I� ADDITIONS TO EXISTING �v1 NIASONRY,� CONCRETE STONE ANCHORS k� Gil," � +• .a'�is � w�''�" CHIMNEY FLASHING a y BRICK/STONE VENEER i 4 'ro METALIVVOOD STUD t LRICKiSTONE VENEER TO C0NCRETE1MAS0NRY STONE ANCHORS FLASHI MOISTURE CONTROL STRAPNIASTER FLASHING CLIP �s DRIP EDGE WEEPS FZi t �E6 a 12, t"-'fir'", `' f I �•..,._ � �,ry.� .��a•`�" .�t. .g;,�1..1�._w...E}�...s.•"...:;e ..�n.,z._:..� .�E.a:.:,..u..«s..,a9 rf}u;''« CT-16 DRIP EDGE WEEPS , COMMERCIAL LINKS ; e � �, r r I • 11 From the desk of STUART BORNSTEIN ' August 29,2007 Mr.Thomas Perry Building Commissioner Dear Tom, The attached is for your information and review. Please note that these are amongst the strongest buildings on Cape Cod! Kindly, Stuart 297 North St.,Hyannis,MA 02601 •(508)77579316 Fax(508)775-6526 THE DEMPSEY GROUP, INC. 8 Beaumonts Pond Drive 'Foxboro, MA 02035 Tel. (508) 543-5499 STRUCTURAL ENGINEERING CONSULTING CIVIL ENGINEERING INVESTIGATIONS REPORTS August 23,2007 Mr.Thomas Perry,CBO Building Commissioner Barnstable,MA. C/o Mr.Stuart Bornstein Holly Management&Supply Corp. 297 North Street - Hyannis,MA 02601 Re: Village Market Place-Building 1 thru 5-North&Stevens Street-Hyannis,MA 780CMR-Section 116.0-Professional Engineering Services-Construction Control Affidavit. TDG#06370 Dear Mr.Perry, I certify that to the best of my knowledge and belief,the masonry repair work performed at Village Market Place located at North and Stevens Streets in Hyannis,MA designated buildings 1 thru 5 conforms substantially with the approved verbal recommendations and the report letter produced by this office,dated March 03,2007,(see attached) and was completed in compliance with appropriate provisions of the Massachusetts State Building Code,6th edition, and any amendments thereto. This certification is predicated upon a site inspection performed by Bob Paulino of this office on August 22,2007 in which he observed workers locating studs,pre-drilling studs and installing helical wall ties in the last remaining units to be repaired(see photos 1 thru 5). Mr.Paulin also observed wall ties through drywall not yet patched and painted(see photos 6 and 7). Finally,ties were exposed at two random locations in which work was previously completed(see attached photos 8 thru 10). Respectfully, THE DEMPSEY GROUP,INC. Rich d J.Dem s ,P. President , • .Q����jH OF rrASsgy - ' RICHARD o DEMPSEY STRUCTURAL No. 29173 " tt !s ��,, S�QNAL ECG THE DEMPSEY GROUP, INC. 8 Beaumonts Pond Drive . Foxboro, MA. 02035 Tel. (508) 543-5499 F ' STRUCTURAL ENGINEERING CONSULTING CIVIL ENGINEERING INVESTIGATIONS REPORTS March 09,2007 , Mr.Stuart Bornstein r Holly Management&Supply Corp. 297 North Street Hyannis,MA 02601 Re: Village Market Place-' North&Stevens Street-Hyannis,MA ' Brick Veneer Analysis&Recommendations TDG#06370 Dear Mr.Bornstein, This report summarizes the results of our analysis of the exterior brick veneer walls at the five(5),three(3)story buildings that comprise the older portion of Village Market Place,located in the northeast quadrant of the intersection of North and Stevens Streets in Hyannis,MA. Following is a discussion of our observations and recommendations. Please refer periodically to the photographs cross referenced by number in the report. 3 Observations R On January 29,2007,1 visited.the site to inspect the brick veneer from inside one of the units in building#3: Present also at that time were Mike Roberts and Paul Cassasantes of Holly Management. The walls inside the unit had been stripped to the studs. Behind the studs was Homosote sheathing with a two(2)inch cavity and brick veneer. We broke through the Homosote to reveal the back side of the brick at two(2)locations(see photo#1& #2). Corrugated metal wall ties designed to connect the veneer to the studs were observed in several locations. They were set in the mortar joints and apparently nailed through the Homosote to the studs. In all instances,the nails had pulled out of the stud,probably a result of drying and shrinkage of the wood around the nail as well as wind suction on the walls(see photos#3 thru#6). In my professional opinion,this condition is likely rampant ` throughout the site and should be rectified in all five(5)buildings. Recommendations Since there are no guarantees that the corrugated ties can be relied upon to connect the brick veneer to the stud frame in any building,I recommend that all walls covered with brick veneer be stabilized with stainless steel helical wall ties. Acceptable products include Helifix Remedial Wall Tie by Helifix North America;Heli-tie Helical.Wall Tie by Simpson Strong Tie;and Stitch-Tie by Construction Tie Products(see technical data attached). The ties should be eight(8)inches long by three-eighths(3/8)inch diameter and of stainless steel. They may be installed from the interior or exterior of the building in a pattern of sixteen(16)inches on center horizontal,by twenty-four(24)inches vertical at all walls. All manufacturers recommend that`site testing be provided to verify pull-out capacity in the mortar joints,brick and wood studs. Therefore,on February 26,2007 I returned to the site with Pat Morrisey of Helifix who performed pull tests on all three(3)materials(see photo#7 thru#11). Paul Cassasantes of Holly Management was also with us that day. Results of those tests produced a minimum pull-out value in excess of four hundred fifty(450)pounds. In order to satisfy the Massachusetts State Building Code requirements for a ninety(90)mph hurricane force wind and corresponding twenty-five(25)psf suction pressure,the pull-out value required for a sixteen(16)inch by twenty- four(24)inch pattern(two point six seven(2.67)square feet)and five(5)to one(1)'safety factor is: 25 psf x 2.67 sf x 5=333 lbs Since our minimum pull-out results exceed this value,the ties satisfy the Code. 03/09/07 Mr. Stuart Bornstein Brick Veneer Analysis&Recommendations Village Market Place North&Stevens Street Hyannis,MA - 2 In our professional opinion,the building facades remain fundamentally safe and all five(5)structures may continue to be occupied,however we recommend that a program of remedial work be implemented as soon as possible, beginning with building#3,since hurricane season is only a few months away. Should you have any questions about this letter,please do not hesitate to contact me. Respectfully, THE DEMPSEY GROUP,INC. , Richard J.D sey, E. ; President ESN OF a�� SS9C� RICHARD J. G, o DEMPSEY " STRUCTURAL " No.29173 ER�O��'� • �SS/ONAL EaG\ � 4 .. t x F3 v � I y 6 i � s' " : ; " i °i' , x=tt i. .-j" Y - � � � � :r —_.._ � �� �� .�� , .,. . �o �� _ , f �� �� .. .-.,...�.....�..,,. � ; �t � + a .-� " -� .�� , ' '"� e "" � .'�� ►0 0 11 e ,� . . - �� ' C - ,� �� . .. .. ! Y - � � t I . - '. �lr �., _ _ - i 00 00� __ � � � �. ° Oo 00� 0o'i4� Ia - i v fi { Sk y'.Tvot, ak�Y' 't 5.. �'• �yyyjjy/�/�/����jjj...,,,''yyy'''���jjj��� I v y* ; � � t.,�,�5�5,(( l 2. The location of the proposed building sha11 be as show on plan presented and entitled"Site Plan of Land .location:223 Stevens St.,Hyannis,MA prepared for: One Village Market Place LTD.Part, as prepared by Weller&Associates dated 01-06-04,revised 05-25-04. 3. The building shall be built in conformance with plans presented to the file,as drawn by Peter F.Dimeo, Associates,Inc.,and labeled"Progress Print"dated 05-24-04 and 05-25-04"and consisting of 4 sheets showing proposed elevations and floor layouts. 4. The height of the proposed structure shall not exceed;30 feet to plate nor exceed 42 feet to the highest ridge nor shall the height of the buildings exceed the height'of the current buildings located on the property. The height of the building shall be the lesser of the two cited above. With respect to the architectural turrets,the height to plate shall not exceed that shown on the plans presented. 5. The units shall be connected to public water supply and to the Town's Wastewater Treatment Facility. 6. The existing retaining wall on the easterly side of the property that is deteriorating shall be replaced with a new retaining wall to be built a minimum of two-feet inside of the applicant's property,or to be replaced in its existing location with the consent of the property owner(s). If a new wall is built,the area between the new wall and the old shall be backfilled. In either case, a wood fence shall be erected above the wall for safety purposes. The responsibility and cost of rebuilding/replacing this wall shall be the applicant's. The engineering plans for the wall shall be reviewed and approved by both the Building Division and the Engineering Division of the Town.'The applicant shall take all necessary precautions to ensure that the neighboring properties are not disturbed. On-site dumpsters shall be located for the convenience of the residences. There shall be not less than three dumpsters provided on-site at scattered locations. Each shall be screened and meet the requirements of the Health Division and sited so as not to be located adjacent to neighboring residences. The location of the dumpsters and screening shall also be approved by the Planning Division. 8. Once construction is completed,there shall be no storage trailers permitted on the site. 9. Two (2) of the housing units located in the proposed new structure authorized in this decision shall be restricted to affordability in perpetuity in full compliance with Article LXIII of the General Ordinances of the Town of Barnstable. The two units shall only be sold or rented to qualified households with an income of not more than 65%of the median income and the unit must be priced so as to be affordable and not exceed a monthly cost of 30%of 65%of the median income,including principal and interest, taxes and condominium fees if sold,or in the case of a rental unit,rent and utilities. With respect to protecting the perpetuity of the affordable unit-as applicable-the deed restriction,condominium documents if applicable,and the monitoring agency shall be required to be reviewed and approved by the Town Attorney's Office. The applicant can designate the affordable units. 10. Each of the residential units shall be sold or leased with the exclusive rights to one out-door parking space. This condition shall apply to the proposed development area and the existing developed area.-In no instance shall any unit be leased for a period of less than 6 months. 11. Hereafter,the building footprint,including decks and other structural elements,shall not be expanded nor shall the total gross area of the building be expanded beyond that shown on the site plan and on the plans for the building without permission from the Zoning Board of Appeals. The total number of residential units on the entire site shall not exceed 76 units and the totals number of bedrooms shall not exceed 123. 12. All commercial/business use shall be restricted to being located on the first floor only,and only within the now existing 5 buildings. Commercial/business uses shall conform to those permitted in the Zoning District in which the development is located. The total number of tenants(business entities)shall not 4 HOLLY MANAGEMENT & SUPPLY CORPORATION EDWIN E. TAIPALE,Attorney Phone: ( 508 ) 775-4200 297 North Street Fax: ( 508 ) 775-8789 Hyannis, Massachusetts 02601 email: eet@capecod.net August 19, 2004 Tom Perry Building Inspector Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: R Appeal 2004-050— One Village Market Place Dear Mr. Perry: In furtherance of your conversation with Mr. Bornstein regarding the current use of the existing commercial space at Village Market Place, I am enclosing herewith a chart showing the name of the tenant, the unit number, the square footage, and the type of activity. You will note that most of the space is currently office usage. The retail space occupied by West Bay Antiques was previously the restaurant space. As such, I believe that the parking calculations submitted with the site plan are correct. Please contact me if further information is required to complete your review of this appeal. Thank you for your attention to this matter. Very truly yours, Edwin E. aipale Enc. cc: Stuart Bornstein COMMERCIAL TENANTS @ VILLAGE MARKET PLACE: 8/18/04 Name of Tenant Square Footage Century 21 #269E 4200 Real Estate Office CSN LLC 233E 4470 Financial IRS 247E 3801 Federal Offices Lubna Munnam 263E 1600 Grocery Store' Mentor 261 2870 Health care R. S. Walters 251E 1600 Advertising Stearns &Wheeler 255E 4200 Engineering West Bay Antiques 241E 4000 Antique Shop l" 26,741 �3 Vacant Space: Former Garber 223 1200 " Shape Up America 261 1000 " Sinleton Chiropractor 259 1200 Total square footage 30,141 I °UIKE�o, Town of Barnstable Regulatory Services aAxtvsrABLE, MAS& Thomas F. Geiler,Director Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: /0 FAX NO: FROM: DATE: PAGE(S): (INCLUDING COVER SHEET) O J COIJ . C'j s TRANSMISSION VERIFICATION REPORT TIME 08/26/2005 14: 24 DATE DIME 08/26 14:23 FAX NO./HAME 915083750369 DURATION 00:00:58 PAGE(S) 02 RESULT OK MODE STANDARD ECM a 06/05/2005 14:18 5087756526 HOLLY MNGT PATE 01/03 HOLLY MANAGEMENT & SUPPLY 297 NORTH STREET "•, HYANNIS ; MA 02601= J -PHONE ( 503 ) 775 - 9316 FAX '( 508 ) 775 - 6526 , 1 FACSIMILE TRANSMITTAL SHEET r " TO: rra.I COMPANY: DATE: Lie FAX NIUMBER: 'TOTAL NO.OA FA ES INCLUDING COVER: PHONE NUMBER: SENDER'S REFERENCE NUMBER; RG: - YOUR REFSRLNCL•NI-TAMER: . ❑URGENT ❑FOR REVIEW ❑PLEASE CUI,IMF_.IVT ❑PLEASE REPLY [],?LEASE RECYCLE'„ " NOTES/COMMENTS; Lan u) --hr).L-oj -' � > q . (CLICK IiERE AN✓ TYPE RETURN ADDRESS] ' 06/05/2005 14:18 5087756526 HOLLY MNGT PAGE 02/03 11 ■� RIGGS Briggs Engineering & Testing_ A Dnainra nr PK Ass o 1,3rrs,Lye. NED_ Stuart Bornstein w The Bornstein Sompanies 297 North Street Hyannis, M 02601 June 3, 2005 •< Re: Retaining Wall Replacement -Village Marketplace.- Hyannis, MA S i Dear Stuart: Enclosed herewith are six copies of SK 1 presenting the 7. dry-laid concrete block retaining wall proposed as a replacement for the existing concrete wall. Please note especially the requirement that the crushed stone base be placed on undisturbed subgrade and inspected by the engineer prior to construction of the.new wall. Some movement of the block units is anticipated but should be minimal if the installation is carried out in accordance with accepted industry standards. Very truly yours, . Malcolm E. Dudley: , Structural EngineerALCOLM need/abd c°r EARi,. enCOs. �i DUDLEY 11f 100 Weymouth Street -Unit 13-1 100 Pound Road Rockland, MA 02370 Cumberland, RI 02864 Phone(781)871-6040-Pax(781)871-7982 Phone(4011) 658-2990 •Fax(401) 658-2.977 06f 05%2005 14:18 5a87756526 HOLLY hMNGT ' PAGE 0:3/03 kr57'1nJr4j W,4J_Z- '0 rZ�F AS: SNa w',v 34104M� ! d v i ! s�.ivl Pk-I t'Zo�I 'kCQ VAGrpN 1'4-A34 1 \ �� . ♦ �. I7111 • � y)SAX �. ' ;,��- ,. f �-' �il� tY'r�i j 15d P — A�l �ii'�A�Tr� to•j o'D� �. A Al 7 -- , r` i�d� � l� ✓'t �� �� r1 r�i� � 'fI�ALf,QAJ9 ;, i �'A•bJ p• l y /I. �FGla7�p�C .1 Subject: _ Project : �6 Briggs Engineering&Testing m/J ;�:y car � �6C^® 13RiGGS :" 11�7 LrJ<� Drawn by: Rockland,MA•(781)871-7982 IJl Cumberland,RI.•(4�01)558-2990 1 :14x�O AJ J S i N1 Q � Data Sheet(s) t Town of Barnstable Regulatory Services Z M s& E'g Thomas F. Geiler,Director >F6,ar" Building Division Thomas Perry,Building Commissioner q 200 Main Street, Hyannis,MA 02601 '! www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 August 25,2004 Cape Cod Commission Attn: Dorr Fox 3225 Main St. PO Box 226 Barnstable, MA 02630 RE: Village Market Place Dear Dorr: Thanks so much for coming over to 200 Main St. last week and meeting with me and Art to discuss the Village Market Place property. As part of our conversation a question came up as to how much office and retail space exists in the present complex and how much of this area is being converted for other uses. Enclosed is a breakdown supplied by Mr. Bornstein's attorney listing the existing commercial space in the complex,both occupied and vacant. The unit area numbers which are enclosed reflect that this complex would not be subject to a DRI referral for a change of use greater than 10,000 sq. ft. under the Cape Cod Commission Act. If you should have any questions or need more information don't hesitate to contact us. Sincerely, Thomas Perry Building Commissioner TP/AW enclosure HOLLY MANAGEMENT & SUPPLY CORPORATION EDWIN E. TAIPALE,Attorney Phone: ( 508 ) 775-4200 297 North Street Fax: ( 508 ) 775-8789 Hyannis,Massachusetts 02601 email: eet@capecod.net August 19, 2004 Tom Perry Building Inspector Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Appeal 2004-050—One Village Market Place Dear Mr. Perry: In furtherance of your conversation with Mr. Bornstein regarding the current use of the existing commercial space at Village Market Place, I am enclosing herewith a chart showing the name of the tenant, the unit number, the square footage, and the type of activity. You will note that most of the space is currently office usage. The retail space occupied by West Bay Antiques was previously the restaurant space. As such, I believe that the parking calculations submitted with the site plan are correct. Please contact me if further information is required to complete your review of this appeal. Thank you for your attention to this matter. Very truly yours, Edwin E. aipale ' Enc. cc: Stuart Bornstein 1 I COMMERCIAL TENANTS @ VILLAGE MARKET PLACE: 8/18/04 Name of Tenant Square Footage Century 21 #269E 4200 Real Estate Office CSN LLC 233E 4470 Financial ' IRS 247E 3801 Federal Offices Lubna Munnam 263E 1600 Grocery Store' Mentor 261 2870 Health care. R. S. Walters 251E 1600 Advertising Stearns &Wheeler 255E 4200 Engineering West Bay Antiques 241E 4000 Antique Shop 26,741 Vacant Space: Former Garber 223 1200 "Shape Up America 261 1000 "Sinleton Chiropractor 259 1200 Total square footage 30,141 I HOLLY MANAGEMENT & SUPPLY CORPORATION EDWIN E. TAIPALE,Attorney Phone: ( 508 ) 775-4200 297 North Street Fax: ( 508 ) 775-8789 Hyannis,Massachusetts 02601 email: eet@capecod.net August 19, 2004 Tom Perry Building Inspector Town of Barnstable ` 200 Main Street Hyannis, MA 02601 Appeal 2004 050—One Village Market Place Dear Mr. Perry: v In furtherance of your conversation with Mr. Bornstein regarding the current use of the existing commercial space at Village Market Place, I am enclosing herewith a chart showing the name of the tenant, the unit number, the square footage, and the type of activity. You will note that most of the space is currently office usage. The retail space occupied by West Bay Antiques was previously the restaurant space. As such, I believe that the parking calculations submitted with the site plan are correct. Please contact me if further information is required to complete your review of this appeal. Thank you for your attention to this matter. Veryuly yours, ' E. aipale Enc. ,cc: Stuart Bornstein COMMERCIAL TENANTS @ VILLAGE MARKET PLACE: 8/18/04 Name of Tenant Square Footage Century 21 #269E 4200 Real Estate Office CSN LLC 233E 4470 Financial IRS 247E 3801 Federal Offices , Lubna Munnam 263E 1600 Grocery Store Mentor 261 2870 . Health care R. S. Walters 251E 1600 Advertising Stearns &Wheeler 255E 4200 Engineering West Bay Antiques 241E 4000 Antique Shop 26,741 Vacant Space: Former Garber 223 1200 "Shape Up America 261 1000 " Sinleton Chiropractor 259 1200 Total square footage 30,141 +. } ,, . r� ' o *f � ... _ . 5 • , , ..f., wf�. ..� ... s �•�w�.-mac- ,l . - '! � 5 ..� f _� ~ - . ! Town of Barnstable Planning Division Follow-up Staff Report F Thomas A.Broadrick,Director Planing Zoning&Historic Prme Lion Appeal 2004-050—Old Village Market Place Special Permit- Section 4-4.4(2)Nonconforming Building or Structure Expand non-conforming structure by adding 24 multi-family units not in conformity to the requirements of zoning Date: July 29, 2004 To: Zoning Board of Appeals Art Traczyk,Principal Planner Petitioner: One Village Market Place L.P. Property Address: C 185 and 223 Stevens St.,Hyannis,MA . Assessor's Map/Parcel: Map 308 as Parcels 25 and 258 Zoning: B-1 Business Zoning District O"l Filed:January 22,2004, 90 day Extension Decision Due:September 28,2004 Background: This appeal was opened March 31,2004,continued to May 26,2004, and to August 04, 2004. At the last continuance,the Board requested information with respect to the proposed development and information if the proposed development would trigger Cape Cod Commission review as a Development of Regional Impact(DRI). Appeal 2004-50 is that of One Village Market Place L.P. seeking a Special Permit pursuant to Section 4- 4.4(2)Nonconforming Building or Structure Not Used as Single or Two-Family Dwellings to allow for the expansion of the existing non-conforming structures with the addition of 24 multi-family units in a three- story building located not in conformity to the requirements of zoning. The property is located as shown on Assessor's Map 308,Parcels 25 &258 addressed 185 and 223 Stevens St.,Hyannis,MA in a B-1 Zoning District. The subject locus is that of a 5.07-acres site, already developed with five mixed-use buildings that houses 52 existing apartment units (multi-family residential)and an estimated 30,000 sq.ft. of commercial (retail and office) space. - '" 4 Cape Cod Commission DRI: In review of this application,it is staffs opinion, also shared by the Building Commissioner,that the application as being presented before the Board for permitting, would trigger a mandatory Development of Regional Impact(DRI)referral under the Cape Cod Commission Act,Chapter 716 of the Acts of 1989,as amended. Section 12(c) of the Act sets forth standards for referral of development that are presumed to be Development of Regional Impact. Specifically that section states: �i I Planning Division-Staff Report "(k)Mixed use residential and non-residential development with a total floor area greater than 20,000 sq.ft., or greater than 10,000 sq.ft.,of commercial space. For the purposes.of this threshold the gross floor area of residential dwelling unit(s) shall be included in the gross floor area calculation of the total development." The proposal as being requested to be permitted in Appeal 2004-50 is to build a residential structure estimated at 42,408 gross sq.ft., and containing 24 new residential units. The proposed permitting is being sought as an expansion on the existing non-conformities located on the site. That site is 5.07-acres developed with five mixed-use buildings that the plans cite have a total of 52 existing apartment units and 000 sq.ft. of commercials ace. 30, q p II� As presented to the Board the proposal is a mixed use residential and non-residential development that proposed to add more than 20,000 sq.ft., of space triggering a mandatory referral to the Cape Cod Commission. In accordance with the Cape Cod Commission Act,the Zoning Board must suspend its hearing process and refer the proposed development to the Cape Cod Commission as a DRI. The referral will suspend the time frame of the Board.However, staff would recommend that a withdrawal be considered given the existing schedule and that only 52 days remain on the clock. Processing of the referral and re-notification of the continuation of the hearing could consume those remaining days. I Copy: Applicant Tom Perry Building Commissioner Cape Cod Commission it 2