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Home My WebLink AboutHarbor Point at Centerville - Certificates of Inspection (2) HARBOR POINT AT CENTERVILLE c TOWN OF BARNSTABLE INSPECTION WORKSHEET Chose CERTIFICATE NO: 1 201404902 -] CANCELLED: MAP: 209 DBA: IHARBOR POINT AT CENTERVILLE PARCEL: 016 NAME/MANAGER: I HARBOR POINT AT CENTERVILLE STREET: 122 RICHARDSON ROAD VILLAGE: ICENTERVILLE STATE: MA ZIP: 02632- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY M CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R2 Capacity Under 50: STORY2: CAPACITY: USE2: Outside Seating: ❑ STORY3: CAPACITY: USE3: BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 56 DELUXE STUDIO UNITS CAPS: LOC8: CAP2: LOC2: 2 PERSONS PER UNIT CAP9: LOC9: CAP3: LOC3: 9 STUDIO UNITS CAP10.. LOC10: CAP4: LOC4: 1 PERSON PER UNIT CAP11: LOC11: CAPS: 48 L005: BASEMENT TRAINING ROOM CAP12: LOC12: CAPE:. LOC6: CHAIRS ONLY CAP13: LOC13: CAPT. LOC7: CAP14: LOC14: INSPEC N: DATE ISSUED: EXPIRATION: =PijntjTfijs$ tee 0 /2009 08/17/2014 08/17/2019 fl PtintCerticate of I s cto COMMENTS: REVISED CAPACITY 4112/04. C01 REPLACEMENT FILE IN MULTI FAMILY OR SEE STREET ADDRESS FILE. ADDED BASEMENT ROOM 8/1/07 The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to HARBOR POINT AT CENTERVILLE Certify that 1 have inspected the premises known as: HARBOR POINT AT CENTERVILLE located at 22 RICHARDSON ROAD in the Village of CENTERVILLE County of Barnstable Commonwealth of Massachusetts. . Construction Type: Use Group(s): R2 The means of egress are suff cient for the following number of persons: Location Capacity Location Capacity 56 DELUXE STUDIO UNITS 2 PERSONS PER UNIT' 9 STUDIO UNITS 1 PERSON PER UNIT f BASEMENT TRAINING ROOM 48 CHAIRS ONLY Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201404902 . 8/17/2014 8/17/2019 2 016 The building official shall be notified within(10).days of any changes in the above information. Building Official PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 07/29/14 TIME: 14:31 � t -----------------TOTALS----------- ! ---- PERMIT $ PAID 215.00 AMT TENDERED: 215.00 1 AMT APPLIED: 215.00 CHANGE: .00 APPLICATION NUMBER: 201404902 PAYMENT METH: CHECK PAYMENT REF: 65274 ' t COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION �) Date / (X) Fee Required$C . ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: �d A /�Cc/1��SDr! /CO rj Name of Premises: /"0 T Q Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Agency AW,lc U L R- yy� , Certificate to be Issued to: $/S I//i'I Address: o(oC /C, a_4d 5wi Qe• ` +e f Telephone: ��/J�� -7 -a3 ` 1 Owner of Record of Building: //�� DlZ /-O/fl T a 6elAel' I/ Address: /�/Gi7�✓ eso01 Intl 6d 3",r), Name of Present Holder of Certificate:_ Sig M 4_- Name of Agent, if any: ? Q. SIGNATUR PER ON TO WHOM CERTIFICATE IS IS UED OR AUTHORIZED AGENT �: n ;M / L o✓�!�/�� D CC GS7 _.� .tea PLEASE PRINT NAME INSTRUCTIONS: C:5 1)Make check payable to: TOWN OF BARNSTABLE 2) Return this application with your check to: BUILDING COMMISSIONER,'200 MAIN STREET,HYANNIS;MA 0260:1 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10) days of any change in the above information. FOR OFFICE USE ONLY: "CERTIFICATE L(Ov � EXPIRATION DATE: 1 J020115a _. _. _ . _ . IT -. am p. t o .4sq- mmonw-ea usetts ecu zve :0h&e of Efifer'A airs DEVAL'L:PATRICK TIMOTHY.P:-NNRRAY: Governor Lieutenant Governor_ _ . HARBOR:POINT AT. _RV .. 22 Richardson Road..:. k Centerville, NIA 02632 _ to.. SPONSORED BY. B X Cen rville.LLC Is hereby certified .to operate an Assisted Living:Residence with a inaxim.um number of Units not to exceed' 65, all of which-are a Special Care Residence; from July.27, 2012_'o"July 27, 2014; Ann L.;.Hartstein, Secretary Date: 'Executive Office of Elder Affairs n' .. . . v. " �tje orrYrrtoub�e YrYj ofjRazzarbu.5ettz TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code;Section 106.5, this CERTIFICATE OF INSPECTION is issued to HARBOR POINT AT CENTERVILLE Q�Ertif p that 1 have inspected the premises known as: HARBOR POINT AT CENTERVILLE located at 22 RICHARDS.ON ROAD in the Village of CENTERVILLE County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): RZ The means of.egress are sufficient for the following number of persons: Location. Capacity Location Capacity, 56 DELUXE STUDIO UNITS BASEMENT TRAINING ROOM 48 2 PERSONS PER UNIT CHAIRS ONLY 9 STUDIO UNITS I PERSON PER UNIT Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 200903693 8/17/2009 8/17/2014 209 016 The building official shall be noted within (10)1 days of any changes in the above information. Building Official oFIME, , Town of Barnstable Regulatory Services - y � * BAMSTABM v MASS. $ Richard V. Scali,Director �p 1639n. 1b rEn Mo+a Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 July 24, 2014 Jamie Mathews Executive Director Harbor Point at Centerville 22 Richardson Road Centerville, MA 02632 r Re: Certificate of Inspection Multi-family Dwelling Dear Ms. Mathews: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Seventh Edition. s Please complete the application and return to the Building Commissioner's Office with the required fee: 65 Units - $215.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. Upon receipt of the fee, we will issue the Certificate of Inspection for a 5-year period. A copy of said Certificate shall be.kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure J090713a oFtr Town of Barnstable BARNSTABLE. * Regulatory Services 9 MASS. 039. Thomas F.Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 y Office: 508-862-4038 Fax: 508-790-6230 July 12,2004 Jamie Mathews Executive Director Harbor Point at Centerville 22 Richardson Road Centerville, MA 02632 Re: Certificate of Inspection Multi-family Dwelling Dear Ms. Mathews: - Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code,Sixth Edition. Please complete the application and return to this office with the required fee: 65 Units - $215.00 The fee has been established by the State (Table 106) and must be paid before the Certificate of Inspection/Capacity Card may be issued. Upon receipt of the fee we will issue the Certificate of Inspection for a 5-year period. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Tom Perry Building Commissioner j990120a Barrows, Debi From: Perry, Tom Sent: Thursday, July 24, 2014 3:12 PM To: Scali, Richard; Gatewood, Rob; McKean, Thomas Cc: Smith, Tracey; Roma, Paul; Barrows, Debi Subject: RE: Vacations Paul Roma is filling in for me -----Original Message----- From: Scali, Richard Sent: Thursday,July 24,2014 3:01 PM To: Gatewood, Rob; Perry,Tom; McKean,Thomas Cc: Smith,Tracey Subject: Vacations It seems a lot of you will be out in the next few weeks all at the same time. Would you please let me know who will be in charge while you are out and who will cover for you for closing of the building. Also please let your staff know if you are available to be reached during that time.We are the most short handed the next two weeks July 28 to Aug 8. In the future we would better need to coordinate vacations so that at least two of us are here. Also for discussion when you all return: 1)Vendors/peddlers- health and zoning approvals-coordination 2) Hotels- licenses or permits for those without alcohol. Enjoy your vacations!! R- Richard V. Scali, Esq. Director, Regulatory Services Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4778 richard.scali@town.barnstable.ma.us 1 TOWN OF BARNSTABLE INSPECTION WORKSHEET Gos CERTIFICATE NO: 40452 CANCELLED: ; MAP: 209 DBA: IHARBOR POINT AT CENTERVILLE PARCEL: 016 NAME/MANAGER: HARBOR POINT AT CENTERVILLE STREET: 22 RICHARDSON ROAD VILLAGE: CENTERVILLE STATE: FMA ZIP: 02632 SEQ NO: 0 BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R 2 Capacity Under 50: 1-1 STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: rl BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOCI: 56 DELUXE STUDIO UNITS CAPS: L005: CAP2: LOC2: 2 PERSONS PER UNIT CAPE: LOC6: CAP3: LOC3: 9 STUDIO UNITS CAP7: LOCI: CAP4: LOC4: 1 PERSON PER UNIT CAPS: LOC8: INSPECTION: DATE ISSUED: EXPIRATION: PrintThis Screen 8444 08/17/2004 08/17/2009 µ �� " i�rm��,ertifiGat�,�of Inspect out COMMENTS: REVISED CAPACITY 4/12/04 x The eommonwealtb of Aaz.5arbu!6Pttz TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE, OF INSPECTION is issued to HARBOR POINT AT CENTERVILLE 3 Q'Certifp that have inspected the premises known as: HARBOR POINT AT CENTERVILLE located at 22 RICHARDSON ROAD in the Village of CENTERVILLE County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are suff cient for the following number of persons: Location Capacity Location Capacity 56 DELUXE STUDIO UNITS 2 PERSONS PER UNIT 9 STUDIO UNITS a 1 PERSON PER UNIT Ex Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 40452 8/17/2004 8/17/2009 209 016 The building official shall be notified within(10) days of any changes in the above information. Building Official t 4 � _ COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION Date _ 2Z— 6"I (X) Fee Required$C.0 Jam. O ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: °� (Z►ch G,.A s o t n (L 6 a Name of Premises: �Aa r O 01'- C e..v Q C 0 l Purpose for which premises isi ised: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit Azen Certificate to be Issued to: r cV, m c4, Address: 2 2 lZ t C a'C s o h �_0 a Telephone: rJo 1 t l Owner of Record of Building: CH e A ,,y, Address: S Name of Present Holder of Certificate: Name of Agent,if any: SIGNA ERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT . INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE ' 2)Return this application with your check to: BUILDING CONI IISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure_o-part the_reof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# .r-' EXPIRATION DATE: �� 710 o TOWN OF BARNSTABLE INSPECTION WORKSHEET C'ios CERTIFICATE NO: 40452 CANCELLED: MAP: 209 DBA: IHARBOR POINT AT CENTERVILLE PARCEL: 016 NAME/MANAGER: IHARBOR POINT AT CENTERVILLE STREET: 122 RICHARDSON ROAD VILLAGE: CENTERVILLE STATE: MA ZIP: 02632- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORY1: CAPACITY: USE1: R-2 Capacity Under 50: r STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: El BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 56 DELUXE STUDIO UNITS CAPS: L005: CAP2: LOC2: 2 PERSONS PER UNIT CAPE: LOC6: CAP3: LOC3: 9 STUDIO UNITS CAP7: LOC7: CAP4: LOC4: 1 PERSON PER UNIT CAPS: LOC8: INSPECTION: DATE ISSUED: EXPIRATION: ?rint ThiiScreen; l 08/17/1999 08/17/2004 ,PrintCertificate of Jnspection� COMMENTS: REVISED CAPACITY 4/12/04 4 �� - _ _ _ �� '� �� e '' � � �� I � �t�� Commconwealtb . of 41a,55 ccbm9ett.5 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to HARBOR POINT AT CENTERVILLE I QCtrtlfp that I have inspected the premises known as: HARBOR POINT AT CENTERVILLE located at 22 RICHARDSON ROAD in the Village of CENTERVILLE County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are sufficient for the following number ofpersons: Location Capacity Location Capacity 56 DELUXE STUDIO UNITS 2 PERSONS PER UNIT 9 STUDIO UNITS 1 PERSON PER UNIT Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 40452 8/17/1999 8/17/2004 209 016 The building official shall be notified within(10) days of any changes in the above information. — uilding Official CIO ,1� G( RUN DATE 03/18/04 TIME 11:54:48 be CotftmonWeattb of Aaoacbussettz TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to HARBOR POINT AT CENTERVILLE 3 Certifp that I have inspected the premises known as: HARBOR POINT AT CENTERVILLE located at 22 RICHARDSON ROAD in the Village of CENTERVILLE County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity . r _ 'V uo- r r : Certificate Number: Date Certificate Issued: Date Certificate Expired: Map . Parcel 40452 8/17/1999 8/17/2004 209 016 The building official.shall be notified within(10) days of any changes in the above information. Building Off cial •Ji c.Studio/596sq.ft. • Harborpoint at Centerville O P(L4J 22 Richardson Road, Centerville,MA 02632 Tel-508.778.2311 Fax.508.862.9887 Featuring Benchmark Quality Service This floor plan is intended for illustrative purposes only.Square foot measurements are approximate and configurations may vary. ,Deluxe Studio/682 sq.ft. Harborpoint at Centem lle 4di i 22 Richardson Road, Centerville,MA 02632 Tel 508.778.2311 Fax:508.862.9887 Featuring Benchmark Quality Service Tbis floorplan is intended for illustrative purposes only.Square foot measurements are approximate and configurations may vary. Koo 3o-i 03 • yi3 • t ,� v .. - t _ 4 k 4 ..."� t_. � -. . ,.i .` _ i ti _ .r..wwiww.,. ... .� ,: � - _ - . .` ,. r.. �� .105 CMR: DEPAR'TIMEN"r OF PUBLIC HEALTH I410,400 nim um Sguare Footagc (A) Every.dwelling unit shall contain at least 150 square feel of floor space for its first occupant,and at least 100 square feet of floor space for each additional occupant,the floor space to be calculated on the basis of total habitable room area. r .(B),.,.,Ina.dwelling.iuut, every room occupied for sleeping Purposes by once loccupant shall eei�fyAspa®e;cveby.�oemoccu} d,.arrs! &.pu�oses:by more than one occupant shall_contain at least 50 square feet of floor space for each_occupant. (C). Ina rooming trait, every room occupied for sleeping purposes by one occupant shall contain at least.$0 square feet of floor space;every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant 410-401- Ceiling Height (A) No room shall be considered habitable if more than'/.of its floor area has a.floor-to-ceiling height of:less than seven feet (B) In computing total floor area for the purpose of determining maximum permissible occupancy,that part of the floor area where the ceiling height is less than five feet shall not be considered. 410.402- Grade L.evel No room or area in a dwelling may be used for habitation if more than '/2 of its floor-to-cet7ng height is below the average grade of the adjoining ground and is subject to chronic dampness: 410.430- Tempm=Housing Allowed Only with Board of Health Permission I No temporary housing may be used except with the written permission of the board of health 410.431- A=Exctyliaris to Minimum Standards Must Be Sperm. All temporary housing shall be subject to-the requirements of these minimum standards, except as the board of health may provide in its written permission. (See 105 CMR 410.840.) 410.450• Means ofEgtess . Every dwelling unit,and--rooming unit shall have as many means of exit as will allow for the safe:passage•of all people in accordance with 780 CMR 104.0, 105.1, and 805.0 of the. Massachusetts State Building Code. 410.451- Egress Obstructions No person shall obstruct any exit or passageway..The owner is responsible for maintaining free fivm obstruction every exit used or intended for use by occupants of more than one dwelling unit or rooming_unit. The occupant shall be responsible for maintaining free from obstruction . all.means of exit leading from his unit and not common to the exit of any other unit. 410.452- 4 fe .ondition ; The owner shall maintain all means of egress at All times.in a safe,operable condition'and shall all exterior stairways,fire esca a ess.balconies and bridges free of snow and ice, keep 1�• gr ges provided,however,is those instances where a dwelling has an independent means of egress,not " R, shared with other occuparns, and a written letting agreement .so states, the occupant.is ; responsible for maintaining free of snow and ice,.the means of egress under his or her exclusive use and control. All corrodible structural parts thereof shall be kept.painted or otherwise protected against rust and corrosion. All wood structural members shall be treated to prevent , rotting and decay. Where these structural elements tie directly into the building structural system, all joints shall be sealed to prevent water from damaging or corroding the structural elements. j I�I1 IMPORTANT MESSAGE For A.M. Day �7 Ti P.M. M 2 Of Phonei�� ✓ -7L,2 p FAX Area Code Number Extension MOBILE Area Code re, Extension Telephoned Returned your call RUSH Came to see you Please call pecial attention Wants to see you Will call again Caller on hold Message Signed Hrversal 48023 MADE IN U.S.A. „n TO: FILE DATER/12/04 Following Tom Abbott's request for an increase in capacity, Ralph Jones researched Harbor Point and re-inspected (see notes). Also see Myer Singer 10/16/98 letter—no ZBA decision to change from Centerville Nursing Home, no addition. °F114E The Town ,,of Barnstable MMSTABM 9� KAMM Department of Health, Safety and Environmental Services '°tED MP'�p Building Division 367 Main Street,Hyannis MA 02601 Ralph Crossen Office: 508-862-4038 Building Commissioner Fax: 508-790-6230 January 6, 1999 To Whom It May Concern: Please be advised that due to a change in the 6th Edition of the Mass. State Building Code,the use group classification for the Harborpoint at Centerville is now R-2 instead of I-2. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn g990106a � ,- Ilk , s LAW OFFICE OF MYER R. SINGER 26 UPPER COUNTY ROAD,P.O.BOX 67 DENNISPORT,MASSACHUSETTS 02639 It R R. SINGER TEL: (508)398-2221 /ANDREW L.SINGER FAX: (508)398-1568 i October 16, 1998 f VIA FAX- 790-6230 Town of Barnstable Att: Mr. Ralph Crossen, Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Benchmark Assisted Living Dear Ralph: After reviewing the Board of Fire Prevention regulations it appears that Regulated Seating is required for institutional use with the provisions of 527 CMR 2905 Table 1. Regulated Seating includes upholstered furniture that would be owned by the occupants of the residential units within Harbor Point at Centerville, an Assisted Living Facility. Under the State Building Code, Assisted Living Residences which are certified as such by the Executive Office of Elder Affairs shall be classified in the Residential use group. Although portions of an assisted living residence which are used for any use other than residential shall be classified in accordance with the intended use. It does not seem correct to classify units in which residents live as being an area of the building that is used for a use other than residential. I know you have some concern regarding portions of assisted living residences that have persons with Alzheimer's disease. I believe your concern is that these resident's units are in some way"locked". In fact, at Harbor Point I am advised that none of the resident's rooms are locked by Harbor Point. Each person in their unit, after they enter it, can lock the door against persons entering without permission. But it is not a"locked"unit against a resident's will. Each person is free to enter and leave their individual home at will. Each resident with Alzheimer's disease wears a bracelet. Except in the case of a fire emergency, as any such person approaches a door to leave their wing or neighborhood within the building, the door would lock electronically. This locking system, however, is automatically deactivated if there is a fire alarm within the building. In such an emergency no person is restricted from entering or leaving their neighborhood within the building or the building itself. Town of Barnstable E Att: Mr. Ralph Crossen October 16, 1998 Page 2 In my opinion, an institutional rating for the building is not warranted first, under the provision of the building code requiring classification of assisted living residences in Use Group R and secondly, because of the actual residential use being unrestricted as I have set forth. It is my opinion that those portions of an assisted living residence that might be classified other than residential would be in those portions of properties that are common areas or devoted to some other use such as the beauty salon,bank, mail room etc.. These other functions and areas are not within a persons"home". If this-were not the case, an assisted living residence such as Harbor Point that has only persons with Alzheimer's disease would have no portion of it that would be classified in the Ruse group. This is not consistent with 780 CMR 310.1. We agreed several years ago that if the Centerville Nursing Home was kept the same size and simply changed to an assisted living center within, it would not be a change of use under the Zoning By-law. I believe it was on this basis that you issued a building permit for certain interior remodeling work at the building. I do not believe this zoning classification controls classifications under the State Building Code. Since state law requires that the assisted living residence allows <,. every resident to retain and use their own personal property in the resident's living area so as to maintain individuality and personal dignity, it appears to me that the building code requiring assisted living residences to be classified in the R use group is consistent and was adopted to provide for allowing the provisions for the use and operation of assisted living residences not to be in conflict with the building code. In my opinion, the various provisions of the state law and the Code of Massachusetts Regulations to be reasonable must be interpreted in a consistent manner. It is my opinion that this is accomplished by the Executive Office of Elder Affairs stating that Harbor Point at Centerville is an Assisted Living Residence and the building code stating that assisted living residences which are certified as such by the Executive Office of Elder Affairs shall be classified in the residential use group as applicable. The Executive Office of Elder Affairs does not classify Harbor Point at Centerville as other than an assisted living residence even though it only has residents with Alzheimer's disease. I think it is therefore reasonable to say that the provision of 70 CMR 3 10.1 stating that assisted living residences are to be classified in a residential use group requires you as the building commissioner under the building code change the building code classification from I to R. Thank you for reviewing this issue again. Very truly yours, Myer Myer R. Singer MRS/g F.\D0CS\W0RK\N80161tr.bal 4' TOWN OF BARNSTABLE ' CERTIFICATE OF OCCUPANCf 'A:RCBL ID 209 016 ,' GEOBASE ID. 12814 .DDRESS -22 RICHARSON ROAD PHONE (617)285-2880 CENTERV I LLE Z I P ,OT 2'.. ' k i BLOCK LOT SIZE i IBA; .:1 DEVELOPMENT DISTRICT CO � 'ERMIT. 05 DESCR,�I'TION CENT.PLACE ASSISTED LIV. a. 'WfIT TYPE EC TITLE CERTIFICATE OF OCCUPANCY ONTRACTORS: Department of Health, Safety RCHTECTS; and Environmental Services 'OTAL. FEES z THE DNSTRUCTION. �COS.TS :00 ?. 756 'CERTIFICATE OF OCCUPANCY + HARNSUBM ; 16,1 1� f BUILDI V SIO DATE ISSUED 09/18/1998 EXPIRATION DATE ., THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS.ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR. ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED ,FOR 2.PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND ME OR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS SO IT IS VISIBLE FROM BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 � 2 2 2 3 HEATING INSPECTION APPROVALS 1 O ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. ��FD MAr A Town of Barnstable Zoning Board of Appeals Notice of Withdrawal Appeal No. 1996-109 Kesev Corp. Special Permit- Change to pre-existing nonconforming structure Special Permit- Modify Previous Special Permit Summary Withdraw Without Prejudice-' Applicant: Kesev Corp. Property Address: 22 Richardson Road,Centerville, MA Assessor's Map/Parcel 209-016 Zoning: RC Residential District & HB Business District Groundwater Overlay: AP Aquifer Protection District Appeal No.1996-109 Special Permit in accordance with Section 4-4.4 Nonconforming Building or Structure and Section 4-4.5 Nonconforming Uses, in accordance with Section 5- 3.2 General Powers and Section 5-3.3 Special Permit Provisions.The Special Permit request is to modify existing Variance/Special Permit 1983-36 to construct an addition to a non-conforming building The existing Centerville Nursing Home is proposed to be refurbished into the Centerville Assisted Living Facility Background: The applicant is seeking to convert the former Centerville Nursing Home at Richardson Road and Route 28 into an Assisted Living Facility. The proposal is to renovate the existing 37,582 sq.ft. one story structure and to add to it a 9,982 sq.ft.two story addition. Associated site improvements include readjusting of entrance drop-off, on-site parking and septic system improvements. As proposed, the renovation and structural addition is designed to accommodate 38 studio units and 32 one bedroom units. The locus is a 4.39 acre lot fronting on Richardson Road and Route 28. The front 300 feet of the lot is within the HB- Highway Business Zoning District as measured from Route 28 and the rear portion of the lot is within the RC- Residential C Zoning District. The lot has the benefits of Section 2-2.3 (3)which permits the HB zoning line to be extended 30 additional feet into the RC district given that the zoning line when redrawn in 1969 split the existing lot at that time. 9 9 P . 9 Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 11, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 21, 1996, at which time the Board found to allow the appeal to be Withdrawn Without Prejudice. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Gene Burman, Richard Boy, and Chairman Gail Nightingale. Attorney Myer R. Singer represented the Applicant. Gene Burman discussed with Attorney Singer and with Town Attorney Robert Smith a possible conflict and both agreed there was no conflict and Mr. Burman could sit on these appeals. Also present this evening were Bruce Wait, the Site Engineer, David Kelly, the Project Architect, plus Sidney and Steven Insoft, Principals of the Petitioner. Attorney Singer submitted a memorandum in support of these appeals. He indicated the Petitioner is seeking to amend the existing Special Permit and Variance or to receive a new Special Permit 6^` Zoning Board of Appeals-Decision and Notice Appeal No. 1996--109 Kesev Corp. and Variance to allow the construction of an addition to the former Centerville Nursing Home. They wish to renovate the existing building, construct an additional building and become an Assisted Living Facility. The property is partly in the Highway Business District and partly in the RC Residential C Zoning District. The site currently has several approvals including Appeal Number 1960-47, Appeal Number 1979-74, and Appeal Number 1983-36. These are the permits the petitioner is requesting to amend including the approval for a total of 115 beds. The addition will be 9,982 square feet on two stories entirely in the Highway Business Zoning District. The use itself will not change,just a modification of the dimensions of the building. The building is approximately 225 -250+ feet from Route 28. At this time the Board explained that according to the Zoning Ordinance, a Use Variance cannot be granted within 300 feet of Route 28. Attorney Singer stressed that he is not seeking a new Variance but rather a modification of an existing Variance. However,the Board felt that since the applicants are constructing a new building, the petitioner is seeking a new Use Variance for that building and that building is within 300 feet of Route 28 and does not fall under the existing Use Variance. In rebuttal, Attorney Singer referred to the Staff Report which indicated that the change in use from a nursing home to an assisted living facility would be permitted in accordance with Special Permit, Section 4-4.5(1) and the addition would be allowed under Special Permit Section 4.4(2). And therefore the part of the building that is 300 feet from Route 28 would not require a Variance but rather a Special Permit. The Board mentioned the applicability of Mendes vs. Town of Barnstable. The Board recessed to asked Town Attorney Robert Smith, who was present, his opinion regarding this issue. After a brief discussion, it was determined that the applicant should apply for a new Special Permit under the Highway Business Zoning District. This would be a request for a Conditional Use under Section 3-3.6. Attorney Singer requested to Withdraw Without Prejudice both appeals. Decision: In Appeal Number 1996-109 a motion was duly made and seconded to allow the appeal to be Withdrawn Without Prejudice. The vote was as follows: AYE: Richard Boy, Ron Jansson, Gene Burman, Emmett Glynn, and Chairman Gail Nightingale. NAY: None ORDER: Appeal Number 1996-109 has been Withdrawn Without Prejudice Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. 1996 Gail Nightingale, 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 filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1996 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 2 �& _ �b � Town of Barnstable Zoning Board of Appeals Notice of Withdrawal Appeal No. 1996-108 Kesev Corp. Use Variance-/Modification of Use Variance Summary Withdrawn Without Prejudice Applicant: Kesev Corp. Property Address: 22 Richardson Road, Centerville, MA Assessor's Map/Parcel 209-016 Zoning: RC Residential District & HB Business District Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-108 Use Variance to Section 3-1.3 RC Residential District and Section 3-3.6 HB Business District, in accordance with Section 5-3.2 General Powers and Section 5- 3.4 Variance Provisions.The Variance request is to modify existing Variance Appeal Number 1960-47 and Appeal Number 1983-36 to construct an addition to a non-conforming building Background: The applicant is seeking to convert the former Centerville Nursing Home at Richardson Road and Route 28 into an Assisted Living Facility. The proposal is to renovate the existing 37,582 sq.ft. one story structure and to add to it a 9,982 sq.ft. two story addition. Associated site improvements include readjusting of entrance drop-off, on-site parking and septic system improvements. As proposed, the renovation and structural addition is designed to accommodate 38 studio units and 32 one bedroom units. The locus is a 4.39 acre lot fronting on Richardson Road and Route 28. The front 300 feet of the lot is within the HB - Highway Business Zoning District as measured from Route 28 and the rear portion of the lot is within the RC - Residential C Zoning District. The lot has the benefits of Section 2-2.3 (3)which permits the HB zoning line to be extended 30 additional feet into the RC district given that the zoning line when redrawn in 1969 split the existing lot at that time. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 11, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 21, 1996, at which time the Board found to allow the appeal to be Withdrawn Without Prejudice. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Gene Burman, Richard Boy, and Chairman Gail Nightingale. Attorney Myer R. Singer represented the Applicant. Gene Burman discussed with Attorney Singer and with Town Attorney Robert Smith a possible conflict and both agreed there was no conflict and Mr. Burman could sit on these appeals. Also present this evening were Bruce Wait, the Site Engineer, David Kelly,.the Project Architect, plus Sidney and Steven Insoft, Principals of the Petitioner. Attorney Singer submitted a memorandum in support of these appeals. He indicated the Petitioner is seeking to amend the existing Special Permit and Variance or to receive a new Special Permit and Variance to allow the construction of an addition to the former Centerville Nursing Home. They wish to renovate the existing building, construct an additional building and become an Assisted ti Zoning Board of Appeals-Decision and Notice Appeal No. 1996--108 Kesev Corp. Living Facility. The property is partly in the Highway Business District and partly in the RC Residential C Zoning District. The site currently has several approvals including Appeal Number 1960-47, Appeal Number 1979-74, and Appeal Number 1983-36. These are the permits the petitioner is requesting to amend including the approval for a total of 115 beds. The addition will be 9,982 square feet on two stories entirely in the Highway Business Zoning District. The use itself will not change,just a modification of the dimensions of the building. The building is approximately 225 -250+ feet from Route 28. At this time the Board explained that according to the Zoning Ordinance, a Use Variance cannot be granted within 300 feet of Route 28. Attorney Singer stressed that he is not seeking a new Variance but rather a modification of an existing Variance. However, the Board felt that since the applicants are constructing a new building, the petitioner is seeking a new Use Variance for that building and that building is within 300 feet of Route 28 and does not fall under the existing Use Variance. In rebuttal, Attorney Singer referred to the Staff Report which indicated that the change in use from a nursing home to an assisted living facility would be permitted in accordance with Special Permit, Section 4-4.5(1) and the addition would be allowed under Special Permit Section 4.4(2). And therefore the part of the building that is 300 feet from Route 28 would not require a Variance but rather a Special Permit. The Board mentioned the applicability of Mendes vs. Town of Barnstable. The Board recessed to asked Town Attorney Robert Smith, who was present, his opinion regarding this issue. After a brief discussion, it was determined that the applicant should apply for a new Special Permit under the Highway Business Zoning District. This would be a request for a Conditional Use under Section 3-3.6. Attorney Singer requested to Withdraw Without Prejudice both appeals. Decision: In Appeal Number 1996-108 a motion was duly made and seonded to allow the appeal to be Withdrawn Without Prejudice. The vote was as follows: AYE: Richard Boy, Ron Jansson, Gene Burman, Emmett Glynn, and Chairman Gail Nightingale. NAY: None ORDER: Appeal Number 1996-108 has been Withdrawn Without Prejudice Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. 1996 Gail Nightingale, Chairman Date Signed 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 filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1996 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 2 TOV%7N Q .19ARNSTABLE' Board of Appeals __...Centervi 11e Nursna...& Convaes.cent Home, Deed duly recorded in the ....................... . . . .. . . . .... . .. .,J. ..... ... Property Owner County Registry of Deeds in Book .......... Same as above Page _................. ........................................... ......................................---..-Registry Petitioner District of the Land Court Certificate No. ................... ........................ Book ................... Page December Appeal No. _Jr ............. 1979 FACTS and DECISION Petitioner _.Ce.nt.erv.ille Nursing Convalescent- filed petition on 19 79...._October 12 Home, Inc. requesting a variance-permit for premises- at ........................................._xAVrxxix,. in the village , &t)tg:y i I I e adjoining premises of _....._...(see. attached list).of . . j .. ................. _ ....... .................................... ................................................................................................................................. . ........................................................................................ ....................................................................... ...................... ........................................................................................................................................................................................................................................................- ..................................................................-.............................................................................................................................. for the purpose of ..._.Variance to allow construction of 41-bed addition to exi!sti.nq - .............................. j_nu.[sJ n a....home.............................................................................................................................................. Locus- is presently zoned in_-A'ULM�Y.jRs.19.ess and..-Res idence C districts. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Cape Cod News & by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy ,of which is attached to .the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at ......... X November 1..........A.M. P.M. 19 upon said petition-undeT.,zoning...byelaW&' Present at the hearing were the following members:. Richard L. Bo Luke P. L .11 Helen Wirtanen Y...................... ........................... ..............Y........................... ............... Chairman ......................................................................... ....................................................................... ..................................................................... M •:HA MAFABIE. _ DfA88.' i610- Town of Barnstable Zoning Board of Appeals Notice of Withdrawal Appeal No. 1996-109 Kesev Corp. Special Permit-Change to pre-existing nonconforming structure Special Permit- Modify Previous Special Permit Summary Withdraw Without Prejudice Applicant: Kesev Corp. Property Address: 22 Richardson Road,Centerville, MA Assessor's Map/Parcel 209-016 Zoning: RC Residential District & HB Business District Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-109 Special Permit in accordance with Section 4-4.4 Nonconforming Building or Structure and Section 4-4.5 Nonconforming Uses, in accordance with Section 5- 3.2 General Powers and Section 5-3.3 Special Permit Provisions.The Special Permit request is to modify existing Variance/Special Permit 1983-36 to construct an addition to a non-conforming building The existing Centerville Nursing Home is proposed to be refurbished into the Centerville Assisted Living Facility Background: The applicant is seeking to convert the former Centerville Nursing Home at Richardson Road and Route 28 into an Assisted Living Facility. The proposal is to renovate the existing 37,582 sq.ft. one story structure and to add to it a 9,982 sq.ft. two story addition. Associated site improvements include readjusting of entrance drop-off, on-site parking and septic system improvements. As. proposed,the renovation and structural addition is designed to accommodate 38 studio units and 32 one bedroom units. The locus is a 4.39 acre lot fronting on Richardson Road and Route 28. The front 300 feet of the lot is within the HB- Highway Business Zoning District as measured from Route 28 and the rear portion of the lot is within the RC- Residential C Zoning District. The lot has the benefits of Section 2-2.3 (3)which permits the HB zoning line to be extended 30 additional feet into the RC district given that the zoning line when redrawn in 1969 split the existing lot at that time. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 11, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 21, 1996, at which time the Board found to allow the appeal to be Withdrawn Without Prejudice. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Gene Burman, Richard Boy, and Chairman Gail Nightingale. Attorney Myer R. Singer represented the Applicant. Gene Burman discussed with Attorney Singer and with Town Attorney Robert Smith a possible conflict and both agreed there was no conflict and Mr. Burman could sit on these appeals. Also present this evening were Bruce'Wait, the Site , Engineer, David Kelly,the Project Architect, plus Sidney and Steven Insoft, Principals of the Petitioner. Attorney Singer submitted a memorandum in support of these appeals. He indicated the Petitioner is seeking to amend the existing Special Permit and Variance or to receive a new Special Permit RAMU B _ Huse. .b». Town of Barnstable Zoning Board of Appeals Notice of Withdrawal Appeal No. 1996-108 Kesev Corp. Use Variance-/Modification of Use Variance Summary Withdrawn Without Prejudice Applicant: Kesev Corp. Property Address: 22 Richardson Road, Centerville, MA Assessor's Map/Parcel 209-016 Zoning: RC Residential District & HB Business District Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-108 Use Variance to Section 3-1.3 RC Residential District and Section 3-3.6 HB Business District, in accordance with Section 5-3.2 General Powers and Section 5- 3.4 Variance Provisions.The Variance request is to modify existing Variance Appeal Number 1960-47 and Appeal Number 1983-36 to construct an addition to a non-conforming building Background: The applicant is seeking to convert the former Centerville Nursing Home at Richardson Road and Route 28 into an Assisted Living Facility. The proposal is to renovate the existing 37,582 sq.ft. one story structure and to add to it a 9,982 sq.ft. two story addition. Associated site improvements include readjusting of entrance drop-off, on-site parking and septic system improvements. As proposed, the renovation and structural addition is designed to accommodate 38 studio units and 32 one bedroom units. The locus is a 4.39 acre lot fronting on Richardson Road and Route 28. The front 300 feet of the lot is within the HB- Highway Business Zoning District as measured from Route 28 and the rear portion of the lot is within the RC - Residential C Zoning District. The lot has the benefits of Section 2-2.3 (3) which permits the HB zoning line to be extended 30 additional feet into the RC district given that the zoning line when redrawn in 1969 split the existing lot at that time. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 11, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 21, 1996, at which time the Board found to allow the appeal to be Withdrawn Without Prejudice. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Gene Burman, Richard Boy, and Chairman Gail Nightingale. Attorney Myer R. Singer represented the Applicant. Gene Burman discussed with Attorney Singer 'and with Town Attorney Robert Smith a possible conflict and both agreed there was no conflict and Mr. Burman could sit on these appeals. Also present this evening were Bruce Wait, the Site Engineer, David Kelly, the Project Architect, plus Sidney and Steven Insoft, Principals of the Petitioner. Attorney Singer submitted a memorandum in support of these appeals. He indicated the Petitioner is seeking to amend the existing Special Permit and Variance or to receive a new Special Permit and Variance to allow the construction of an addition to the former Centerville Nursing Home. They wish to renovate the existing building, construct an additional building and become an Assisted M/ �/ XIYER R.%SINGER :1TTORNEY AT LAW (508) 398-2221 =6 UPPER COUNTY RO:\D (SO8) 398-1568 P. O. BOX 67 P.1_1' DENNIS PORT. MASS�V,HUSETTS 0_'fi3n June 13 , 1996 The Architectural Team, Inc. Attn: Mr. David Kelley 50 Commandant 's Way Chelsea, MA 02150 Re: Centerville Place Dear David: The Barnstable Site Plan Review Team approved the Centerville Place Assisted Living Residence site plan with conditions regarding submission of a revised plan showing an additional fire lane in front of the building near Richardson Road and an indication of a possible need for a hydrant. A question was raised, which we must answer for the Building Inspector and Zoning Board of Appeals, regarding the height of the building. The building cannot be more than 30 feet in height or two stories, whichever is the lesser. The Zoning By-law defines "building height" as "the vertical distance from the ground level to the plate" . It further defines a "story" as "that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above and having at least one half ( 1/2) its height above grade. " Can you please mail a letter to me addressed to Mr. Ralph Crossen, Town of Barnstable Building Commissioner, setting forth that the addition to the Centerville Place Assisted Living Residence as shown on the plans is neither more than 30 feet in height nor two stories as those terms are defined in the Town of Barnstable Zoning By-law. In addition, please revise your plans to show by cross sections or otherwise that the building is within the By-law requirements. Also, delete from your plans windows from the side elevations that would indicate the building potentially has four floor levels. I The Architectural Team, Inc. Attn: Mr. David Kelley June 13, 1996 Page 2 Re: Centerville Place For the Zoning Board of Appeals, we will have to submit information about lighting and a landscape plan. Please contact Bruce Wait and work out with him who will create the lighting plan and who might be able to obtain a picture or other means of showing the proposed lighting fixtures. Finally, discuss with him or with Sidney Insoft or Stephen Insoft the preparation of the landscape plan. It does not have to be extensive but should indicate the location of existing and proposed landscaping. Please consider, in particular, some means of screening the proposed parking area to the east of the building from the adjoining residential land. Though everything is needed as soon as possible, a letter regarding the height of the building is required immediately. If the building does not meet the By-law requirements, a variance must be requested from the Zoning Board of Appeals. That cannot be . advertised until the height issue is resolved. Very truly yours, My Singer MRS/r cc: Mr. Sidney Insoft CMI Management 75 Norumbega Road Weston, MA 02193 Mr. Stephen Insoft CMI Management 75 Norumbega Road - Weston, MA 02193 Mr. Bruce C. Wait, P.L.S. DeFeo, Wait & Pare, 31 Bellows Road Raynham, MA 02767 Rrk; 16 '96 14:2 S rtYER_r_b 1 MnLtk Town of Barnstable Planning Department Staff Report Kesev Corp_ Appeal No. 199E-lo8 - Use Variance-Modification of Use Variance 1993-36 Appeal No. 1996-109 - Special Permit -Non-conforming Use Date: August 13, 1996 To: Zoning Board of Appeals From: Robert P. Schernig, Director Art Traczyk Principal Planner .Appfic3nt: Kesev Corp. Property Address: 22 Richardson Road, Centerville, MA Assessor's Map/Parcel 209-016 Zoning: RC Residential District & H6 Business District Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-108 Use Variance tc Section 3-1.3 RC Residential District and Section 3-3.8 He Business District, in accordance with Section 5-3.2 General Powers and Section 5- 14 Variance Provisions. The Variance request is to modify existing Variance Agpeai Number 1960-47 and Appeal Number 1983-36 to construct an addition to a non- conforming building Appeal No. 1996-109 Special Permit in accordance with Section 4-4.4 Nonconforrrrirrg Building or Structure and Section 4-4.5 Nonconforming Uses, in accordance with Section 5-3.2 General Powers and Section 5-3.3 Special Permit Provisions. The Special Permit request is to modify existing Variance/Special Permit 1923-36 to construct an addition to a non-conforming building The existing Centerville Nursing Home is proposed to be refurbished into the Centerville Assisted Living Facility Fled.March 20,1996: Pubfic hearing,Aprif 17,IM. Decision Due.lung 17,1996 Background: The applicant is seeking to conversed the former Centerville Nursing Home at Richardson Road and Route 28 into an Assisted Living Facility. The proposal is to renovate the existing 37,582 sq.ft. one story structure and to add to it a 9,982 sq_ft.two story addition. Associated site improvements include readjusting of entrance drop-off, on-site parking and septic system improvements, /X As proposed. the renovation and structural addition is designed to accommodate 38 studio units an r 32 one bedroom units. All of the units have one full bathroom but none appear to have kitchens: A � common dining room, cafe, kitchen, lounge and living room have been proposed as well as related service facilities of care stations, office and delivery area. The new two story section is equipped-with one,elevator. The focus is a 4.39 acre lot fronting on Richardson Road and Route 2-5. The front 300 feet of the lot is within the HB -Highway Business Zoning District as measured from Route 28 and the rear portion of the lot is within the RC- Residential C Zoning District. The lot has the benefits of Section 2-2.3 (3) which permits the HS zoning line to be extended 30 additional feet into the RC district given that the zoning line when redrawn in 1969 split the existing lot at that time, Note: The map and parcel numbers have been revised to reflect the most recent assessor's map. Zoning S. Development History: The developme"t histc,Y of this iocus dates to the 1960. At that time, only the first 150 feet along Route 28 was zoned B - Business 8 District and the remainder of the lot area zoned RB-1 - Residential B-1 District. In 1960, the nursing home use was permitted as of right %vithin the Business 08/16/96 14:12 TX/RX N0.0444 P.002 AUG 16 '-% 14 r 15 MYER_P S1P-K3EP P.3,, -'- ` Ke3ev Corp. Appeal No.1996-108 - tlse Variance-Modification of Use Variance 19a3_36 Appeal Nb_ 1996-109 - Special Permit -Nen-confenninq Use zoning district' however not permitted within the RB-1 District, A Dr. George Fink petitioned for a Use Variance to permit the nursing home use within the residential zoned area of the lot. Use Varian-& No. 1960-47 was granted on January 12, 1961 with the restriction "That the building be set back sixty 1501 feet from the sideline of Falmouth Road (Route 281" (see attached Use Variance No_ 1860-47). That building was built according to plans for a 75 bed nursing home facility. in 1979, a second use variancalspe6aj permit was requested and granted to the"Centerville Nursing & Convalescent" on November 29, 1979. This variance/special permit was not implemented. in 1983, a new applicant, "Richardson Road Assoclates'.applied for a Use Variance and Special Permit for the construction of an addition to the-structure for 41 additional beds.The Board granted the requested variance and special permit...."on June 02, 1983 (see attached Variance/Permit No. 1983-36). At this time, the area zoning was HE- Highway Business District and RC-Residential C District. The HS district having been redefined from the former 13 District was now expanded to a depth of 300 feet from Route 28 -its present day configuration. In 1983, the HE District permitted uses identicat-to those in the 13 District. In this Bylaw,the uses permitted in the B District were itemized and Nursing Homes was not listed within. Nursing Homes were however listed In the PRD- Professional Residential Zoning District= and that being the case would have implied it was excluded as a permitted use in the HB District. Therefore the conclusion Of staff is the Special Permit relief was for the non-conformity in use within the Highway Business Zoning District and the Use Variance relief applies only to the lot area zoned Residential C. it is important to note that Section 4-4.7-Variance Situations, clearly identifies that circumstances created by the issuance of a variance can not constitute nonccnformities_ Section 5-3.2 (5)- Use Variances does not permit the Board to issue a Use Variance within 300 feet of Route 28. Recommended Relief Necessary.- Today the applicant has filed for two forms of relief_ One being the Use Variance or Modification of the previous Use Variances and the other a Special Permit for the non-conforming use and structural aspects (setback requirements). Staff would suggest that both forms of relief are needed and as itemizers below. Special Permit -Appeal No. 1996-109(at) in the 300 foot HE District plus 30 foot extension) I. The change in use from.a Nursing Home to an Assisted Living i=aciiiiy would be permitted in accordance with Section 4-4.5(1)-Change of a Non-conforming Use to Another Non-conforming Use. 2. The 9,982 sq.ft.two story addition is an expansion of the structure housing a non- conforming use within the HE Zoning District and would be permitted in accordance with Section 4-4.4(2)Non-conforming Building or structures Not Used as a Single Family or Two Family Dwellings-Spacial Permit. 3. To occupy the 9,982 sq.ft. would constitute an expansion of the non-conforming use and would be permitted in conformance with Section 4-4.5(2) -Expansion of a Pre-Existing Non-conforming Use. Use Variance: -Appeal.No. 1996-1o8.(all within the RC Zoning District) 1- Within the RC Zoning District, Use Variance No. 1983-36 should be modifred. Although there is no new structure being proposed within this RC Zoned area of the lot, that part of the property and structure within the RC District should be Issued a new Use Variance for the 'from 19W Zoning Bylaw-Business uses listed only those uses exciuded for the Business zone and those requiring a special permir. A nursing home was not exc:udea and did not require a special permit. =from the 1979 Zoning Bylaw. 7 08/16/96 14:12 TX/RX N0.0444 P.003 AU+= 16 'S6 14 r 15 MYE2—R S1N EP. P.4,1 Kesev Corp. Appeal No.'1998-108 - Use Variance-Modification of Use Variance iM-36 ApAeal No. 1996-109 - special Permit -Non-conforming Use change in it's use from a nursing home to an Assisted Living Facility and associated site improvements. Staff Review&Recommendations: The board should consult this section when making its findings. Traffic: Traffic considerations have been a long-standing issue for this area of Route 28. Staff would suggest that the proposed change in use as related to overall traffic consideration would be negligible when considering Route 28 but•might be of consideration on Richardson goad given its residential nature. The 1994 Cape Cod Commission traffic taunts for the segment of Route 18 were 28,428 vehicles per day_ The adjusted average daily traffic was reported.at 24,448. The peak hour for traffic in both -directions was 11:00 am weekdays. Traveling westward the peak hour was at 5:00 p.m. and traveling eastward the peak hour is 8:00 am. This segment of roadway is scheduled to be improved with the upcoming State resurfacing improvements to Route 28. It is anticipated that these improvements will expand the roadways in terms of lane additions and widening, The Roadway length was analyzed in 1992 in the"Route 28 and 132 Traffic Circulation Study"by the Cape Cod Commission. There findings were that this segment of Route 28 operated at a Level of Service (LOS) "E"which is the poorest level measured on a scale from A to E. The intersection of Richardson Road and Route 28 was rated at a LOS"F". It is important to note that this information was based upon previous recorded traffic flows which for 1992 were based on previous data of the adjusted average daily traffic flow of 20, 641 and not the current calculation 24,448 vehicles per day. Accident retrwds indicate that ID accidents were recorded at the intersection of Route 28 and Richardson Road during 1988 when the previous nursing home use was still in operation- In 1993, when the nursing home was closed, 7 accidents were recorded at the intersection. Trip Generation Estimates: Utilizing the Institute of Transpiration Engineers (ITE) Trip Generation manual, staff calculated the following comparison information between the previous use and the proposed use. Nursing Home Use- Land Use Code 620 Assisted Living Facility Congregate Care Facility-Land Use Code 252 previous - 116 bed facility proposed 70 unit facility any facility whose primary function is to care for persons a"facility of one or more multi-unit building designed for unable to care for themselves._.is characterized by persons eiderry living. They might also contain dfning rooms,medical who do little or no driving. Mast of the trafrlc numbers are facilities and recreatronar facilities". generated by those employed in the facility Range of Trips- per weekday Range of Trips- per weekday 1.88 to 3.97 trips/occupied.bed - average 2.6 2-12 to 2.15 trips/unit- average 2.15 Range=218 to 461 vehicles per weekday Range=148 to 151 venicie per weekday Average= 301 vehicles per weekday Average = 151 vehicles per weekday Peak Hour Peak Hour Range 0.05 to 0.42 vehicles/hr. - average 0.19 Range 0.16 to 0.21 vehicles/hr. - average 21 Peak=6 to 49 vehicles per hour Peak= 11 to 15 vehicles/hr Average = 22 vehicles per hour Average = 15 vehicles/hr. (vote: this information was base upon a small sample and its use should be cautioned. 08/16/96 14:12 TX/RX N0.0444 P.004 AIJG 16 Sb 14 r 1 MYEP_P_SI1, EP p -. Ridhardson Road Considerations:- Richardson Road is a small residential street between and connecting Route 28 and Great Marsh Road. It will be the only outlet in this road segment that will not be signalized (Old Stage Road is Signaled and Phinney's Lane is planned to be signaled). With the introduction of a signalized intersection at Phinney's Lane and Route 28, coordination of the signals may provide sufficient time for permitting safer left turning Movements out from Richardson Road. Richardson Road is a popular pedestrian way. Local residents walk to the commercial area on Route 28 and when the nursing home was operating, its resident and guests utilized it heavily for outdoor fresh air walks. No sidewalks eadst on the road and pedestrians are forced to wails on the road pavement. The speed can be high on the road and residents have expressed concern to limit the speed. Known drainage problem areas are located just north of the locus and at it bend just north of Gina Court. The later drainage problem has also been the site of numerous winter accidents cause by freezing water on the roadway. Staff would suggest that under section 4-4.5 Z(D)(3)the Board should give serious consideration conditioning the Speciai Permit request with the requirements for: • The two drainage problem areas be solved and G A pedestrian walk be created the length of Richardson Road (suggested condition ---). Comprehensive Plan Considerations: In 1993, during the drafting of the Comprehensive Plan and the plan's "Centerville Village Plan" Component and the "Centerville Route 28 Corridor"Appendix study, this particular building was of high concern. The 37,331 sq.ft. building represents 16% of the all building floor area within the HE Zoning District and fortunately the grounds have been maintained and the building limited in deterioration. The plan directly called out this vacant building and expressed the objective to get the building reused and improved to today's standards. The rehabilitation and reuse of this structue would be consistent with the objective of the Comprehensive Plan. In consideration for future uses in this activity center, the Comprehensive Plan call for"maintaining existing uses', to which this proposed change in use from a nursing home to an assisted living facility would seem to be in compliance with. Key action proposals of the Plan for this area call for "Improved Route 28 design and landscaping, provide pedestrian linkage and screen parking lots." The Health and Human Services section of the plan also cites the need for services and facility for the"rapidly growing elderly population that will require more care and attention." It is well known that assisted living facilities are in short supply within the Town and in shorter supply are affordable assisted living facilities. Plan Recommendations: Although the site plan has readjusted the parking situation on Richardson Road still is not in compliance with Section 3-3.6 (6) Special Screening Standards, that requires a 10 foot green strip abutting an existing roadway. to addition Section 4-4.5(2)(4) requires "increase of open space or vegetated buffers and screening along adjoining lots and roadways.' Staff would recommend that 6 .parking spaces to the south of the entrance facing to Richardson Road and the first parking space located immediately along Richardson Road at the entrance to the rear parking lot area be removed and reconfigured elsewhere on-site to meet these requirements for the green strip. Those spaces could be located to the north of the rront of the building and/or to the rear parking lot area in proximity to the area of the proposed expansion. 08/16/96 14:12 TX/RX N0.0444 P.005 F,'!J<: 2b "_'b 14�2 r f•1Y1=}-'_Y 51rW.��f-' --.._. --p.,5,.•^--�� Kesev Corp. AopeaL C+lc,_1996-t08 - Uue Vananc:e-Modjfj=jon of Use Variants 1983 36 Apped No.1996-109 - Special Permit .Non-conforming Use Staff Recommended Conditions(Special Permit Noj 1996-109): If the Board should find to grant the special..permit may wish to consider the following conditions: !. Use of the site-is limited to an Assisted Livirr9(facility of not more than 38 studios units aria;2.one bedroom units. Each unit is ow_-_n_fu batf)room but none are175—have a kitten. Common dining room, cafe, kitchen, lounge and living room as well as related service facilities or care stations and an office,are to be provided. The use of the common area is restricted to tenant, their guest and employees only. 2. Development of the site shall be in accordance with:.plans present and titled 'Preliminary Site Plan, Centerville Place Assisted [.wing'prepared for CMI Senior Concept Group, inc. drawn by DeFeo, Wait & Pare' dated 05/28196. Except that the plan is to be modified in that 6 parking < spaces to the south of the entrance facing to Richardson Road are to be reconfigured elsewhere on-site. The area were these spaces have been eliminated is to be converted to landscape area. 3. The addition to the existing structure is limited to no more than 9,982 sq.ft. With that addition, total gross floor area on site will be 47,564 sq.ft. and it shall represent full buitdout of this lct_ There shall be no further building on this lot without the permission of the Zoning roar of Appeals. 4. The lot area shall not be altered in any manner without prior permission for the Zoning Boara of l Appeals. 5. All drainage is to be contained on site as agreed to at Site Plan Review- nd in addition, the applicant shall improve drainage in the other area identified by the bend" in Richardson Road as �f problem drainage areas. All design and construction work is tol�apptoved by the Town Engineer and in accordance with town standards. _ 5. A pedestrian walk is to be created along the length of Richardson Road from the locus to-' at ,Mars oad. The walk is to be at minimum 4 feet wide asphalt. Layout, design and construction sht*13e as approved by the Town Engineer. 7. The assisted living facility must comply with all requirements of the Health Department . Building Department and the COMM Fire District. , In reference to the Order section of the Decision: The Board should also consider if it should specify that Appeal Number 1996-109 is related to Appeal Number 1996-108 and conditions of both decisions are imposed. Staff Recommended Conditions (Use Variance No. 1996-108): If the Board should find to grant the Use Variance it may-wish to consider the following conditions: 1. Use of the site is limited to an Assisted Living Facility of not more than, 08,studios units and 32______1 � one bedroom units and associated accessary uses. Each unit is to have it own full bathroom but none are to have a kitchen. Common dining room, cafe, kitchen, lounge and living room as well as related service facilities of care stations and an office are io be provided. The use of the common area is restricted to tenant, their guest and employees only. 2. Development of the site shall be in accordance with plans present and titled-Preliminary Site Plan, Centerville Place Assisted Living" prepared for CMi Senior Concept Group, Inc. drawn by DeFeo, Wait& Pare'dated 05/28/98. Except that: A) The plan is to be modified in that the first parking space located immediately along Richardson Road at the entrance to the rear parking lot area is to be reconfigured elsewhere on-site. The area where this space is eliminated is to be converted to landscape area. 6) Shrubs-and trees are to be planted and maintained along the a^trarce ;re at the parking lot to the northwestem and north property lines. 08/16/96 14:12 TX/RX N0.0444 P.006 — —HtJb 1b '� 1� 2t' rrrth;_r�5lrwothc• ,�, ,:,:,: Kesev Corp. APPeak 1yo.a 996-108 - Use Variencc-t,M1odifieation of ltse Varianr�t983.36 Apgeesi No. 1998-109 - Speciai Permit -Non-conforming Use C) All parking lot and driveway lighting shalt be subdued and no extefiar tight fixture shall be located higher than 14 feet, inclusive of any exterior lighting attached to the structure. Alt righting shalt be contained on site and is not permitted to shine off the \ locus. D) There shall be no structural additions, reconfiguration or expansion of the building area within the lot area governed by this Use Variance-that portion of the land zoned RC. E) There shall not-be any additional roadways than those represented in the plan. 3. The lot area shall not be altered in any manner without prior permission for the Zoning Board of Appeals. 4. The assisted living facility must comply with all requirements of Me Health Department and COMM Fire District. In reference to the Order section of the Decision: The Board should also consider if it should specify that Appeal Number 1996-105 is related to Appeal Number 1996-109 and conditions of both decisions are imposed. Attacnrnents: Applications Assessor Map Plan Reduction Use Variance No. 19W-47 Use Variance No. 1983.36 copies: Applicant/Petitioner Building Commissioner 08/16/96 14:12 TX/RX N0.0444 P.007 The eom monwea ltb of jffia,50a rbuoetto TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.S, this CERTIFICATE OF INSPECTION is issued to HARBOR POINT AT CENTERVILLE 31 Certifp that 1 have inspected the premises known as: HARBOR POINT AT CENTERVILLE located at 22 RICHARDSON ROAD in the village of CENTERVILLE County of Barnstable Commonwealth of Massachusetts. The means of egress are suff cient for the followi number of persons: Use Group Construction Type Location Capacity R-2 STUDIOS TMENTS 65 8/17/99 8/17/04 C ificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within(10)days of any changes in the above information Building Official I / COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE �p APPLICATION FOR CERTIFICATE OF INSPECTION Date X) Fee Required$;.0s: o c9 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following ad 2 Street and Number. ,►r 4 0a u z Name of Premises: Pd t f k C �Putk Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or Permit A en ps ��a ��Q. &ec. cc Certificate to be Issued to: 'd6t Address: 2Z ��CS�� $L. „ I J 02(32 Telephone: 23 Owner of Record of Building: Address: Name of Present Holder of Certificate: Name of Agent, if any: 0 SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT 0-0 INSTRUCTIONS: C/�✓ -��/ ' 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# EXPIRATION DATE: Ll z 0 _ . To: Ralph o (y Co m M From: Lois Date: 1/13/99 7 79 --oZ5/ / Re: Harbor Point at Centerville, 22 Richardson Road Kathy has given me a note that we need a COI for Harbor Point at Centerville. Accordingito'your letter;it-is-R 2tise-group Is=this-a-multi=family=-on chart$75-plus $21 ,,per unirfo�r�a-5=year'certi catV �If so,=do you-want-me�to send-a letterTfor$75_plus_$1-3.0s$205?.,I called Lee Pakstis, Executive Director,who told me there are 65 units and no spaces for assembly of over 50.) Or shall we se aJonesfirst to confirm there are no meeting rooms of over 50 capacity? We don't charge a fee for Barnstable Housing Authority projects. Will all other multi- families be charged a fee cc: K. Maloney f r i ° The Town of Barnstable • ELAMSrABL4 9�A `� Department of Health, Safety and Environmental Services rFo ' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CERTIFICATE OF INSPECTION CAPACITY INSPECTION MULTI-FAMILY DBA A&P C) 0 LOCATION e�Z Z OWNER ADDRESS ZONING NO. OF UNITS/FEE D GLORIA URENAS APPROVAL DATE INSPECTOR DATE OF INSPECTION � J980309A aZ : . The Town of Barnstable MASI • �+arrsr,�. , &639. Department of Health, Safety and Environmental Services o " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 6, 1999 To Whom It May Concern: Please be advised that due to a change in the 6th Edition of the Mass. State Building Code, the use group classification for the Harborpoint at Centerville is now R-2 instead of I-2. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn g990106a 106,3 Notices and orders: The building official inspection where required by Table 106. A shall issue all necessary notices or orders to ensure certificate of inspection as herein specified shall not compliance with 790 CMR. be issued until an inspection is made ratifying that the building or structure or parts thereof complies 106.4 Inspections: The building official shall make with all the applicable requirements of 780 CM& such inspections as deemed necessary to ensure and until the fee is paid as specified in Table 106. compliance with 780 CM& or the building official Municipalities may increase or waive only in their may accept reports of inspection by qualified entirety for any specific use.group the fees as agencies or individuals, which reports shall be in specified in said Table 106. writing and be certified by a responsible officer of Exception: Municipalities may revise or modify, such agency or by the responsible individual. or waive in part those fees for buildings and 1065 on and artifcation of spec' use st=Wws or p� thereof owned by the �P + P mtmiapallty, county or political subdivision groups: The building' official shall periodically thereof and for buildings and strucww or parts inspect and certify buildings and strucuaes or parts thereof used solely for religious purposes. thereof in accordance with Table 106. A building or structure shall not be occupied or continue to be occupied without the posting of a valid certificate of TABLE 106 REQUINM MINMW INSPECTIONS AND CERTIFICATIONS FOR SPECI ED USE GROUPS See errs 3 and 4 for complete descriotion of use ;4ti'•:�•:,:{ �,;& .. im ad ''i A-1 Kw=bly-Thus With stage and saaay Semi-Anoual One year S75 law 400 opacity Theater Semi-Amoal one Year $7S W=d t sz S4E1 t C� _ A 2 Vsumbly-Kqft Clubs Owes 400 apaaty Semi Aamtal one Year S75 jar sbW um e><less eapaeiw A®od one ye w S40 Ovar400 � � x y 13:; mezesaoaeesetes, C!'Iess W" s- <•u:.::>:.. .. .,...,-:5ax, 'r•'woo: rc�. •• 1CR aYCaG..R 7nt. t v¢�Y3 :0,'.; A-4 11' Chwches.low&osity,ree:atim Prior to is»uom of Fives Yeats PO similar uses each aaw=rff=to x Sbdi�blesehes. x, ,;:aotab �5 wow w assisnW4 E ' phor to issaaoeo of One Year S40 each new cu ifieate Caar , ,aieceme #7crYea Soo ,.s„ :.F a i�s'v„o.�`.:'r ."•�•'. aeG G s.4'� De:91:ee�CSfe� � . Ioapaeitated•hospitals.awing Prior to iswmoa of Two Yeats noted I-2 mmtai ho*tah,eeaain each cacti certificate ease facilities(sex Cheptes 4p �� •.�5 � .r >� "tonaen � -Yeas' potec-: `'� �3:Sf'•`7i%�rx..Y�32�."Sk.oCkR�rx^i :-'^.:.:.. ,-:a a��"'.'u �'- fi°Z'r `�7C, `• . R 1 1.Motels.leg boeae s. Yeior to issmnoa of oaa Year note e Wrift em.(note g) cacti cheer eextifiew :, ,t�.t>somoa• .,� notai��,�., r ;Y':: .�. �:wyir• h � y�.,,.. �^'Top'.;"SNC YJe�nM ti..Y m� ..�t.'.•`.� R 1 Spe+dai facilities Pt w to issnaace of Two Yeats S75 (sex chapter 4) each new eadfime _. . $pesatE��:• ..Sirmroes:ratopyfarehildte�'� � •` '„ x�Ogo�asYt�� . ';:�..;:...... may,- :...... ylx'��.Yi�x� ,.h c',�� r:;u; «,.' �{•."�:: A 3 or esidadiel Spacial Group Reside= A=md Ora Year notch RA (sex Chapter 4) ;:; . '�" ••. Yin;.>-zx srre� .:'��ri,-..x rs :x:�.��.: :r�;.•� Now applicable to Table If* General: The maximum ratification period specified in Table 106 is interacted to provide adminisnative fleadbdity. For those buildings and srructuns.or parts thereof allowing more than one year mmumum ere rtifi=on period,the building official may de ten ine the length of validity of the eatificate issued. For I K a building in the R-2 use group could be issued a catiftcate valid for onc.two,three four or five years- The total amount of fees charged for a certificate or c=fiwes issued during the madman certification period can ec ced the fee listed or ref=u:cd in 16 780 CMR-Sixth Edition 217/97 (Effective 2/29/97) i f ADNGNISTRATION coluaam 4 of Table 106. For example,if the building official issues a certificate valid for two years for a building in the R 2 use group,the fee charged would be 2/5 times the fes per maximum certification period as determined for the ' building in question using the formula in Note f. Note a. For buildings or strumiva,or parts thereof,in the A-3 Use Group categories,with capacities over 400, the fee to be charged for the maxi certification period of one year is S75 for a odatia ns:for up to 5,000 persons, plus S15 for the acorn modations for each additional 1,000 persons or fraction thernog Note b. For all bwl&ngs or strucww,or parts thereof;in A-5 use group,the fee to be charged for the maximum certification period of one year is S40 for seating accommodations for up to 5,QQ0,persons, plus S8 for the accommodation for each additional 1,000 persons or fraction thereof: Note e. For all buildings and sbucuures,or parts thereof;in the I-3 use group,the fee to be charged far the maximum c ffftion Period-of two years is S75 for each sftctum containing up to 100 beds, plus a$2 charge for each additicnal ten beds or fiwtim thereof over the initial 100 beds. Note d. For haspitais,nursing homes,sanitariums,and orphanages in the I-2 use group,the fee to be charged for the maucimam artification period of two years is S75 for each svuenrre containing up to 100 beds,plus a$2 charge for each additional ten beds err fiaction thereof over the initial 100 beds. All other buildings or strucnues or parts thereof in the 1-2 use group classification shall be charged a fee of S75 for a two year maximum a:tification period Note e. For all buildings and strwwwr or parts thereof in the R 1 use group,the fee to be charged for the mmomum certification period of one year shall be S40 for up to five units plus S2 per unit for all over five units. A unit shall be defined as follows: two hotel grunt rooms; two lodging house guest rooms; two boarding horse guest moms;or fionr dormitory beds Note E For all buildings and strucru M�su ereof in the R 2 use group,the fee to be charged for the maximum artification period Of five Years"b2 perdwelling unit Note g. For purposes of determiningnmber of inspearons,the mwdmvm certification period,'and the figs,as specified in Table 106,dormitoded in the R 1 use group clusificatinarather than the R 2 , Note h. Summer camps for children in rise group R 2 shall be inspacted and certified annually prior to the beginning of each season. The annual fee shall be$15 for the first 25 residential units: $8 for each additional 25 residential units; and S 15 for each assembly budding or use. (A residential unit for this purpose shall be defined as fear beds 106.6 Reports by the Building Official retained in the official records as long as the 106.6.1 Report to Appointing Authority: The braMngorsrrucain to which they relate remains in building official shall submit to the appointing OcistenciS unless otherwise provided for by law. authority of the jurisdiction a written report of. 780 CMR, DUTIES AND POWERS OF operations is a form and content and at intervals THE��IlVSPEC'h0R as shallprescribed by the appointing authority 106.6.2 Report to assessors: Pursuant to QVLG. 'c.14:4§3A) M.G.I.. e. 143, § 61, the building official shall 107.1 The State Inspector. In every city and town give to the assessors of the municipality written 780 CUR shall be aduced by the State Inspector of notice of the granting of permits for the the Department of Public Safety, Division of construction of any buildings ors&ucrnra%or for Inspections,as to anysvmcnoes or buildings or parts the removal or demolition,or for any substantial dfiaeofthat are owned by the Commonwealth or any alteration or addition thereto. Such notice shall be d commissions, agencies, or authorities given within sever days after the granting of each of the Commonwealth. The state inspector shall permit, and shall state the name o person to have as to such buildings and strrrenwu all the whom the permit was granted and the location of pow=of a budding commissioner,or inspector of the building o; structure to be constructed, ' and sriYrctroes owned by reconstructed,altered,demolished or remove& any authority established by the legislature and not owned by the Commonwealth shall be regulated in 106.63 Report to Local United States accordance with 780 CMR 106.0. Postmaster. Pursuant to NEG.L.c. 143,§3X the building official shall notify the local United 107.2 Other responsibilities: The state inspector States Postmaster of the issuance of a building shall make periodic reviews of all local building permit authoming the construction of any inspection practices, provide technical assistance building containing ten or more residential unim and advice to the local building officials in the implementation of 780 CMR,and report in writing 106.7 Department records: The building official his findings to the building officials. shall maintain official records of applications received.Permits and certificates issued,inspections 1073 Review by the Commissioner of Public performed face collected,reports of inspections,and Safety: The Commissioner of the Commonwealth notices and orders issued. Such records shall be ofMassachusetts,Department of Public Safety shall establish districts which shall be supervised by a 217/97 (Effective 2/2S/97) 780 CMR,-Sixth Edition 17 P H2O N�E CALL A.M. FOR Ot5 DATE ` TIME u* P.M. M O F �� f'. PFiONEd �,�� RETl1RNEO PHONE YOLIRCALL i AREA CODE NUMBER EXTENSION MESSAGE PLEAS£CALL::. Wits GALL AGAiN •• JA S£ YOU WANTS TO SEE YOU SIGNED Iniversal" 48003 I r rt - NOTES r { t �FTHE l ' � O The Town of Barnstable + BARNSTABLE, • 9�AM9: Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: Harbor Point at Centerville ATTN: Craig Evans FAX NO: 862-9887 FROM: Lois Barry DATE: 7/13/99 PAGE(S): 2 (EXCLUDING COVER SHEET) i ' HE The Town of Barnstable * anxNseABM • 9�A � Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 20, 1999 SECOND REQUEST BY FAX 7/13/99 862-9887 Ms. Lee Pakstis Craig Evans Executive Director Harbor Point at Centerville 22 Richardson Road Centerville, MA 02632 Re: Certificate of Inspection Multi-family Dwelling Dear Ms Pakstis: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 65 Units - $205.00 The fee has been established by the State (Table 106) and must be paid before the Certificate of Inspection/Capacity Card may be issued. Upon receipt of the fee we will issue the Certificate of Inspection for a 5-year period. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn j990120a The Town of Barnstable anffivsrABU& • `6 ,0� Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 20, 1999 7/J Ms. Lee Pakstis Executive Director Harbor Point at Centerville 22 Richardson Road. Centerville, MA 02632 Re: Certificate of Inspection Multi-family Dwelling Dear Ms Pakstis: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 65 Units - $205.00 The fee has been established by the State (Table 106) and must be paid before the Certificate of Inspection/Capacity Card may be issued. Upon receipt of the fee we will issue the Certificate of Inspection for a 5-year period. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn j990120a 780 CMR: STATE BOARD OF BUILDIi 1G REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUZ.DIi iG CODE from fixed equipment into the fuel tanks of motor One-family dwelling:A building containing one - vehicles or approved containers, including any dwelling unit with not more than five lodgers or building used for the sale of automotive accessories, boarders. or for minor automotive repair work.Minor repairs Two-family dwelling:A building containing two include the exchange of parts,oil changes,engine dwelling units with not more than five lodgers or tune-ups and similar routine maintenance work. boarders per family. Retail sales of hazardous materials shall comply with 780 CNlR 307.8 or 780 CUR 426, as 3103 Use Group R-1 structures:This use group aoplicable. shall include all hotels,morels,boardinghouses and similar buildings arranged for shelter and sleeping 780 CMR 310.0.RESIDE TIAL USE accommodations and in which the occupants are GROUPS primarily transient in nature,occupying the facilities 310.1 General:All structures in which individuals for a period of less than 30 days. live, or in which sleeping accommodations are provided (with or without dining facilities), 310.4 Use Group R-2 structures:This use group excluding those that are classified as institutional shall include all multiple dwellings having more than occupancies,shall be classified as Use Group R-I, two dwelling units, except as provided for in R-2,R-3,R-4 orR-S.The term"Use Group R"shall 780 CMR 3105 for multiple single dwelling units, include Use Groups R-1,R-2 and R-3,R-4 and R-5. and shall also include all boarding houses and Note:,Assisted living Residences=which=are similar buildings arranged for shelter and sleeping --� accommodations in which the occupants are Ecem ed assucli b_*Esectuive Office of Elder Affairs p f r.-r I9D-shall be, primarily not transient in nature. classified in_the_�egroup_RI;,R 2 310.4.1 Dormitories:Adormitory facility which R3-o r R=4 as applicable:Portions of an assisted accommodates more than five persons more than livi*g Residence wlueh-are used for attruse 2%years of age shall be classified as Use Group other than_residential-shall-be--classiftedin R-2. aeeord6iFe with.theintended_use_. 3105 Use Group R-3 structures:This use group 3102 Definitions:The following words and terms shall include all buildings arranged for occupancy as shall,for the purposes of 780 CMR 3 and as used one- or two famil, dwelling units, including not elsewhere in 780 CMR,have the meanings shown more than four lodgers or boarders per family and herein. multiple single family dwellings where each unit has an independent means of egress and is separated by Dwellings: a two-hour fire separation assembly(see 780 C_MR Assisted Living Residence:A residence licensed 709.0). bytheExecutiveOffice ofElderAffawspursuant Exceptions to M.G.L.c.19D. 1. In multiple single family dwellings that are Boarding house:A building arranged or used for equipped throughout with an approved lodging for compensation,with or without meals, automatic sprinkler system installed in and not occupied as a single unit. accordance with 780 CM. R 906.2.1 or Dormitory: A space in a building where group 906Z2, the fimmsistance rating of the sleeping accommodations are provided in one - dwelling unit separation shall not be less than room.or in a series of closely associated rooms. one hour. Dwelling unit separation walls Dwelling unit:A single unit providing complete, shall be constructed as fire partitions (see independent living facilities for one or more 780 CIMR 711.0). persons. including permanent provisions for 2. In multiple single-family dwellings that are living,sleeping,eating,cooking and sanitation. equipped throughout with an approved Hotel:Any building containing six or more guest automatic sprinkler system installed in rooms,intended or designed to be used,or which accordance with 780 CMR 906.2.3, a two- are used, rented or hired out to be occupied or hour fire separation assembly shall be which are occupied for sleeping purposes by provided between each pair of dwelling units. guests- The fireresistance rating between each Motel:A hotel as defined in 780 CMR. dwelling unit shall not be less than one hour Multiple dwelling:A building or portion thereof and shall be constructed as afire parrition. containing more than two dwelling units and not 31051Family day-care home: A family day- meeting the requirements for a multiple single carehome as defined by M.G.L.c-28A,§.9,shall dwelling, be elassifted as use group R-3 or R-. Such Multiple single dwelling: A building or portion facility shall not accommodate more than sir thereof containing more than two dwelling units (see 780 CMR 310.5) children. 58 780 CVIR-Sixth Edition 11/27/98 TOWN OF BARNSTABLE INSPECTION WORKSHEET dos CERTIFICATE NO: 40452 CANCELLED: MAP; 209 DBA: HARBOR POINT AT CENTERVILLE PARCEL: 016 NAME/MANAGER: IHARBOR POINT AT CENTERVILLE STREET: 122 RICHARDSON ROAD VILLAGE: CENTERVILLE STATE: FVA ZIP: 02632- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R-2 Capacity Under 50: STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seatlrlg: . BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 65 STUDIO APARTMENTS CAPS: L005: CAP2: LOC2: CAPE: LOC6: CAP3: LOC3: CAP7: LOC7: CAP4: LOC4: CAPS: LOC8: nCThis Screen INSPECTION: DATE ISSUED: EXPIRATION: l,,7=— - 08/17/1999 08/17l2004 P�intCertificate of.lnspection COMMENTS: O�Li G� c4 { i �_ ;-Z 44-A� . : The Town of Barnstable • anarrsrns�. • Department of Health, Safety and Environmental Services 'moo " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 6, 1999 To Whom It May Concern: Please be advised that due to a change in the 6th Edition of the Mass. State Building Code,the use group classification for the Harborpoint at Centerville is now R-2 instead of I-2. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn g990106a LAW OFFICE OF MYER R. SINGER 26 UPPER COUNTY ROAD,P.O.BOX 67 DENNISPORT,MASSACHUSETTS 02639 MYER R.SINGER TEL: (508)398-2221 ANDREW L.SINGER FAX: (508)398-1568 October 16, 1998 VIA FAX- 790-6230 Town of Barnstable Att: Mr. Ralph Crossen, Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Benchmark Assisted Living Dear Ralph: After reviewing the Board of Fire Prevention regulations it appears that Regulated Seating is required for institutional q use with the provisions of 527 CMR 2905 Table 1. Regulated Seating r � g includes upholstered furniture that would be owned by the occupants of the residential units within Harbor Point at Centerville, an Assisted Living Facility. Under the State Building Code, Assisted Living Residences which'are certified as such by the Executive Office of Elder Affairs shall be classified in the Residential use group. Although portions of an assisted living residence which are used for any use other than residential shall be classified in accordance with the intended use. It does not seem correct to classify units in which residents live as being an area of the building that is used for a use other than residential. I know you have some concern regarding portions of assisted living residences that have persons with Alzheimer's disease. I believe your concern is that these resident's units are in some way"locked". In fact, at Harbor Point I am advised that none of the resident's rooms are locked by Harbor Point. Each person in their unit, after they enter it, can lock the door against persons entering without permission. But it is not a"locked"unit against a resident's will. Each person is free to enter and leave their individual home at will. Each resident with Alzheimer's disease wears a bracelet. Except in the case of a fire emergency, as any such person approaches a door to leave their wing or neighborhood within the building, the door would lock electronically. This locking system, however, is automatically deactivated if there is a fire alarm within the building. In such an emergency no person is restricted from entering or leaving their neighborhood within the building or the building itself. Town of Barnstable Att: Mr. Ralph Crossen October 16, 1998 Page 2 In my opinion, an institutional rating for the building is not warranted first, under the provision of the building code requiring classification of assisted living residences in Use Group R and secondly, because of the actual residential use being unrestricted as I have set forth. It is my opinion that those portions of an assisted living residence that might be classified { other than residential would be in those portions of properties that are common areas or devoted to some other use such as the beauty salon, bank, mail room etc.. These other functions and areas are not within a persons"home". If this were not the case, an assisted living residence such as Harbor Point that has only persons with Alzheimer's disease would have no portion of it that would be classified in the Ruse group. This is not consistent with 780 CMR 310.1. We agreed several years ago that if the Centerville Nursing Home was kept the same size and simply changed to an assisted living center within, it would not be a change of use under the Zoning By-law. I believe it was on this basis that you issued a building permit for certain interior remodeling work at the building. I do not believe this zoning classification controls classifications under the State Building Code. Since state law requires that the assisted living residence allows every resident to retain and use their own personal property in the resident's living area so as to maintain individuality and personal dignity, it appears to me that the building code requiring assisted living residences to be classified in the R use group is consistent and was adopted to provide for allowing the provisions for the use and operation of assisted living residences not to be in conflict with the building code. In my opinion, the various provisions of the state law and the Code of Massachusetts Regulations to be reasonable must be interpreted in a consistent manner. It is my opinion that this is accomplished by the Executive Office of Elder Affairs stating that Harbor Point at Centerville is an Assisted Living Residence and the building code stating that assisted living residences which are certified as such by the Executive Office of Elder Affairs shall be classified in the residential use group as applicable. The Executive Office of Elder Affairs does not classify Harbor Point at Centerville as other than an assisted living residence even though it only has residents with Alzheimer's disease. I think it is therefore reasonable to say that the provision of 70 CMR 310.1 stating that assisted living residences are to be classified in a residential use group requires you as the building commissioner under the building code change the building code classification from I to R Thank you for reviewing this issue again. Very truly yours, 3 Myer ' Myer R. Singer MRS/g ROOMWORK)N8016hr.bal