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HomeMy WebLinkAbout0780 CRAIGVILLE BEACH ROAD (17) illlle- &E;F;9eX IliIIIIliIIWir vi"I ,fjf,, I ......... iI a, dEIVA F BAMMBLF4 MAS& 1659. p.MPl A Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2005-065 - Special Permits -Tradewinds Inn Section 240-94A, change of a nonconforming use to another nonconforming use and Section 240-93B, alterations/expansions in preexisting nonconforming building or structure. To change,extend,alter/re-construct a nonconforming 46 bedroom hotel&restaurant to 21 unit multi-family development. Summary: Granted with Conditions Petitioner: Tradewinds Inn Property Address: 780 Craigville Beach Road,Centerville,MA Assessor's Map/Parcel: -Map 226,Parcel 140-1 Zoning: Residence B&Residence C Zoning Districts Relief Requested & Background: The locus is the"Tradewinds Inn", a 46-bedroom commercial hotel and 125-seat restaurant. The use of the property is nonconforming as it is a commercial use located within single-family zoning districts. The applicant is seeking to redevelop the property's multi-family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming pool and tennis court. The Inn encompasses two lots, as shown on Assessor's Map 226,parcels 140-001 and 140-002,addressed 734 and 780 Craigville Beach Road, Centerville. The two lots total 5.51 acres and are developed with four principal buildings. Both lots are owned by the Archer Realty Trust, Alan Isenstadt,Trustee. Today, the applicant is seeking special permits for one of the two lots -Assessor's Map 226,parcel 140-001 which is the larger of the two lots containing 5.28 acres and three of the four structures—aka 780, 760 and 760A Craigville Beach. The applicant is seeking to convert those three structures totaling 16,807 sq.ft. of living area and containing the restaurant, to 21 two-bedroom townhouse units. From the plans presented, 21 indoor garage spaces are proposed and 27 outdoor paved parking spaces are provided for the residents and visitors. In addition to the tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. Two curb-cuts, one an entrance drive and the other an exit drive, are proposed. A third curb-cut is to be gated and used only for emergency access. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 18, 2005. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 10, 2005 and continued to September 14, 2005, at which time the Board found to grant the special permit with conditions. Board Members assigned were, Gail Nightingale,Randolph Childs, Sheila Geiler,Jeremy Gilmore, and Chairman Daniel M. Creedon ti Attorney Michael Ford represented the Applicant before the Board. Also present was Craig Short,P.E. and Mr. Gordon Clark,Northside Design Architects. Mr. Alan Isenstadt,Trustee of the Archer Realty Trust was also present during the hearing. Mr. Ford noted that the applicant is seeking a special permit to change a nonconforming restaurant/hotel into a 21-unit condominium complex(multi-family)with each unit containing 2 bedrooms. He cited that the area of the buildings would also be altered and expanded to accommodate the new use. He presented a brief history of the property,predating it to 1929 when.it was the Wainright Estate. He explained the existing conditions of the nonconformities. Mr. Ford stated that the site is located in an environmentally sensitive area and the wetland and health issues constrained much of the development. Mr.Ford stated that the change from commercial hotel to multi- family would be more compatible with the neighborhood. With reference to the initial plans presented,Mr. Ford noted that the applicant is still working with Site Plan Review and the Building Commissioner to. assure all requirements are met. He presented the plans noting that the buildings on site would be raze and replaced with a series of connected buildings. The plans have been approved by the Conservation Commission and by the Board of Health. Mr. Ford noted that more site area would be preserved as a buffer to the wetlands and that on-site wastewater disposal would be reduced from 8,700 gal. per day to 4,620 gal. per day as calculated under Title V. Mr. Short noted that the proposed septic system will treat to 15 ppm at the edge of the property. Parking needs of 95 spaces are needed and there are only 86 spaces. There was discussion about the reduction of parking on site and putting more into impervious. Traffic will-be less than that of a motel etc. because the units will be privately owned. There would be a less intense use even during the summer. Plans for the units and buildings were presented by Mr. Gordon Clark of Northside Design. He addressed the issue of the number of stories and cited that: there_ will be no living space is in the attic area, there will be only 2 floors of living area, and the buildings will conform to all zoning and building code requirements for the intended use. The Board and Mr. Ford discussed the plans initially presented with the applicant. Changes,were requested and the applicant agreed to investigate those changes and prepare plans for review. The Board questioned what were the applicant's plans were for the smaller lot. Mr. Ford stated that the applicant is aware that there no longer could be a nonconforming use and it would have to conform to single-family use. However,,he suggested that the structure on this smaller lot could be used for affordable units as the affordable requirement would have to be satisfied prior to the issuance of the building permit Public comment was requested. Tony Balsamo,President of Christian Camp Meeting Association reads letter expressing concerns for Lake Elizabeth and neighborhood beautification. Jim Lane,President of Redly Apartment Association stated that the Tradewinds offers a positive proposal. Gabrial Facker, Clergyman, Craigville Village, also cited concerns for Lake Elizabeth. Charles Marshall, a Member of Craigville Beach Road Association sited concerns for the location and its environment. Wayne Kurker, direct abutter supported the proposal. Also speaking in support were;Kevin O'Neil,John Pendergast,Jr., John Troy,Tim O'Keefe, Stefan Seidner and Mrs. Julia Gavitt. Mr. Seidner did cite concern regarding traffic and pedestrians and Mrs. Gavitt,noted concerns for certain design aspects. The Board requested the applicant look into those issues when the plans are further refined. The hearing was continued to September 14, 2005. At the continuance, it was noted that Board Member,Jeremy Gilmore was not present and if the applicant proceeded with a four member board all of the votes would have to be in the affirmative for a grant of the appeal. Mr. Ford agreed to proceed with the four members present. At that continuance,revised site and architectural plans and a September 14, 2005 Memorandum from the Building Commissioner were received. The Board and applicant reviewed those plans and a short summary of the proposal was presented by Mr.Ford. Public comment was requested and a Mr. Gerald C. Tucke of 20 Marie Avenue spoke in opposition. He stated that he had not received public notice. The Board reviewed that issue and it was determined that he was not within that area required under MGL Chapter 40A for notification to be sent. He expressed concerns that recent improvements in the area had led to flooding in his basement and he was concern that the proposed development would exasperate the situation. The Board determined that a condition should be imposed that all drainage from the site would be contained on the site. Findings of Fact: At the hearing of September 14, 2005,the Board unanimously made the following findings of fact: 1. Appeal 2005-65 is that of the Tradewinds Inn for property addressed 780 Craigville Beach Road, Centerville,MA as shown on Assessor's Map 226„Parcel 140-1. It is in a Residence B and C Zoning Districts. 2. The subject lot is the"Tradewinds Inn", a 46-bedroom commercial hotel and 125-seat restaurant. The use of the property is nonconforming and the applicant is seeking to redevelop the property as multi- family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming pool and tennis court. 3. According to the Town of Barnstable records,the Inn encompasses two lots, as shown on Assessor's Map 226,parcels 140-001 and 140-002, addressed 734 and 780 Craigville Beach Road, Centerville. The two lots total 5.51 acres and are developed with four principal buildings. 734 Craigville Beach is developed with a single building of 2,990 sq.ft.,built in 1958. 780 Craigville Beach is developed with three structures totaling 24,686 sq.ft., apparently rebuilt in 1952. The larger structure, 18,951 sq.ft. houses hotel rooms, and a 125-seat restaurant. The two smaller structures on the lot(aka 760 and 760A Craigville Beach)apparently house additional hotel rooms. There also exists a dilapidated shed on the property. 4. Both lots are owned by the Archer Realty Trust, Alan Isenstadt,Trustee. Both have been owned by the Trust since June of 1972 as evidenced by deeds recorded in the Barnstable Registry of Deeds as Certificate Nos. 55074 and 55075. Both of the lots are also subject to the same mortgages and in December of 1987 were granted Special Permit 1987-84 to allow for the expansion of the nonconforming use. That permit was issued to Jeff Sollows and Douglas Lebel as Trustees of S.L.S Trust,however, it was never implemented. 3 5. The applicant is seeking a special permit for one of the two lots, 780 Craigville Beach Road,containing 5.28 acres and three structures—aka 780, 760 and 760A Craigville Beach. The applicant is seeking to convert the property to 21 two-bedroom townhouse units. The proposed new buildings are described as: • "Building A", estimated at 226 by 36 feet, converted to 8 living units within the existing footprint (Unit Nos. 1 to 8). • "Building B 1"and"Building B2"a new structure estimated to measure 136 by 40 feet. The two halves are connected by a covered roof structure and each half is to be two units for a total of 4 living units, (Unit No.s 9, 10, 11 & 12). • "Building C"is a proposed new structure,estimated to measure 96 by 40 feet and containing 3 living units (Unit No.s 13, 14 & 15). • "Building D"is also a 96 by 40 foot building containing 3 living units (Unit No.s 16, 17 & 18). • "Building E"is located to the eastern side of the property and estimated to measure 110 by 40 feet containing 3 living units, (Unit No.s 19, 20&21). 6. From plans presented,Buildings A through D are three level structures with parking garages on the lower level(with the exceptions of the lower level of Units No. 4, 5, 6, 7, 8, and 16). Building E appears to contain garages and living area on the lower level with bedrooms above. 7. In addition to the 21 indoor garage spaces, there is one space provided in each of the garage drives plus 27 uncommitted outdoor paved parking spaces for a total of 69 on-site parking spaces for the residents and visitors. In addition to a proposed tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. 8. Revised site plans for the development consisting of a total of seven (7) sheets have been submitted to the file. Those plans consist of Sheets 1 to 5 entitled"Proposed Construction for Tradewinds"as drawn by Craig R. Short, P.E.,dated July 26,Last revised September 13, 2005, scaled 1 '=30',plus two addendum sheets. Copies of which have been entered into the file. 9. In order to qualify as a pre-existing legally-created,nonconforming use the use must predate the 1929 inception of zoning in the Town of Barnstable. A 1922 recorded plan(Land Court Plan 8993A) shows that the lot existed at that time, and the then existing structures located upon the lot. The size of a larger building would suggest that a use other than single-family residence may have existed at that time. That lot appears to have remained until the 1952 division of the land as per Land Court Plans 8993B and 8993C. 10. Section 941)of the Code of the Town of Barnstable—Inclusionary Affordable Housing requires two units of housing to be dedicated in perpetuity as affordable. The applicant has agreed to meet this requirement to the satisfaction of the Barnstable Housing Committee. 4 i 11. With respect to the requirements of Section 240-94A: • On January 25, 2005, the Board of Heath approved the proposed on-site septic system. That system was approved with dimensional variances to the location of the soil absorption system. • Regarding required parking, the existing use would require a minimum of 98 parking spaces. The proposed 21 multi-family units would require only 35 on-site parking spaces according to the Zoning Ordinance. • Traffic generations from a 125-seat restaurant and a 417room motel would be considerably more than that generated for a 21-unit multi-family development. • The proposed change in use would certainly not result in an increase of on-site and off-site noise, dust and odors,nor increase the hours of operation,number of tenants or number of employees. 12. With regards to the requirements of Section 240-94B: the proposed new buildings meet the required front, side and rear setbacks. However,the location of two of the new structures do not comply with the required 35-foot setback from wetlands. Building A,is located as it now exists,non-conforming, in that it is only 28.4 feet off the wetlands. Building E,that is to replace an existing structure, located 10.68 feet from the wetlands, is proposed at 30.23 feet. Although not conforming to the requirement of 35 feet, it is less intrusive than that which exists. In effect,the proposed alterations make it less nonconforming and more in conformance with the Zoning Ordinance overall. 13. This application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. 14. After evaluation of all the evidence presented,the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 15. A site plan has been reviewed by the Site Plan Review Committee and that plan can be found approvable. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. This permit is issued in accordance with Section 240-94A,change of a nonconforming use to another nonconforming use to permit a nonconforming motel and its accessory uses to change to a multifamily use and Section 240-93B, alterations/expansions in pre-existing nonconforming building or structure to permit the structures located on the site to be altered and expanded. 2. 780 Craigville Road, Centerville -Assessor's Map 226,parcel 140-001 shall be limited to no more that 21 two-bedroom multi-family townhouse units and associated site improvements including parking, a swimming pool and tennis court. Development of the site shall be in accordance with plans submitted to the Board,entitled"Proposed Construction for the Tradewinds"as drawn by 5 Craig R. Short, P.E.,dated July 26, 2004, last revision date of September 13, 2005 and consisting of 5 sheets plus two addendum sheets. 3. The buildings to be built on the lot addressed as 780 Craigville Beach Road shall be as presented to the Board in plans submitted entitled"Proposed Tradewinds Town Houses, Centerville MA"as drawn by Northside Design Associates dated 9/2/05 and consisting of 12 sheets. 4. The applicant shall comply with the requirements of Section 941)of the Code of the Town of Barnstable—Inclusionary Affordable Housing that will require two units of housing to be dedicated in perpetuity as affordable. 5. Unless the Barnstable Housing Committee determines that another option exists to satisfy the Inclusionary Affordable Housing requirement and subject to approval of the Barnstable Housing Committee, 734 Craigville Beach Road, Centerville-Assessor's Map 226,parcel 140-002 shall be limited to one structure containing a two-family dwelling(townhouse type units)to satisfy the Inclusionary Affordable Housing Requirements of Section 941)of the Code of the Town of Barnstable. Those two units shall dedicate in perpetuity to affordable housing units. To only be sold or rented to qualified households in accordance with the requirements of the Ordinance. 6. All of the structures shall conform to the residential height limitations and number of stories for the Zoning District and conformity as determined by the Building Commissioner. The area of the attic space shall be structured so that it is not usable as a habitable area. 7. Each of the units shall have a deeded or assigned garage space. 8. Development of both lots shall conform to and be maintained with any Order of Conditions issued or to be issued by the Conservation Commission. 9. On-site septic shall conform to all requirements of the Board of Health 10. Development shall conform to all applicable fire and building requirements for the use. 11. All development shall conform to the Section 240-34-Flood area provisions of the Zoning Ordinance. 12. The Master Deed shall include restrictions that the attic area and the garage area shall not be converted into habitable space and that the number of bedrooms shall not be expanded beyond that permitted by this decision. The Master Deed shall also contain all restriction, contained in this decision. 13. The units shall not be rented for less that a period of three months. This restriction shall be imposed on the applicant and incorporated into the master deed and bylaws of the association. 14. In the event that the Inclusionary affordable units are to be located at 734 Craigville Beach Road, then prior to the issuance of the 10'h and 20'h occupancy permits to the 21 unit development on 780 6 Craigville Beach Road, one affordable unit occupancy permit must be issued for an affordable unit on 734 Craigville Beach Road. 15. All mechanical equipment associated with the dwelling(air conditioners, electric generators, etc.) shall be located so as to conform to the required setbacks for the District and screened from neighboring homes and the public right-of-way. 16. During all stages in the demolition and reconstruction on the property, all vehicles, equipment and materials associated with the demolition/reconstruction shall be required to be located on-site and not within the required setbacks. At no time will any parking, storage or construction materials or items be permitted in the right-of-way of Craigville Beach Road and Marie Avenue. 17. The extent of development authorized in this permit shall be considered full build-out for the lot and the buildings and structures shall not be expanded in area or in footprint nor shall any other accessory structure be permitted without further permission from the Zoning Board of Appeals. 18. This decision must be recorded at the Barnstable Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals Office and to the Building Division before any demolition or building permit is issued. The relief authorized must be executed within one year of the grant of this permit. 19. All run-off shall be contained on-site. 20. All lighting shall conform to the guideline of the Cape Cod Commission. The vote was as follows: AYE: Gail Nightingale, Randolph Childs, Sheila Geiler,Daniel M. Creedon NAY: None Ordered: Special Permit 2004-65 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision, a copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon III, 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 under the pains and penalties of perjury. 7 l Linda Hutchenrider,Town Clerk s 7� Cry�� �i� _- h_ -Cv��i=z-_- To h crf atnetAble BARNArAMA r .Growth Management Department - - FDA, ' � °Zoodng B®ard af.Appeals www.town:bamstable.ma.us/zoningboard Jo Anne.Miller Buntich,,Director February 9,2012 Michael D Foed Esq - ; r�1 72 Mai,n:Street: West Hatwich,MA z02671:, ' RE Zoning Board ofAppeals'.Determinatian°:on;' iwinds;InnP er. . ...4. L i. Dear Attorne Ford: On February"8,2012ahe Barnstabl`e:Zoriing.Board oFAppeals considered a re'questfor,a deter'rmination as to.whether the.pr..oposed°reconstruction and ''-pansion of a pier on'Lake ' Elizabeth was'consistent with.the:eonditions ofSpecial Permit No.2005-065 issued to: - dr Tradewinds Inn. After review of the Special Permit,thetoard unanimously voted to find that.the y` reconstruction Hof the pier:is:consisterit with the.findings and conditions of SpecialTermit No.'2005-065 and.that tlie,propo"sal does not represent a substantial change requiring public hearing, Sincerely, r . -7 .Laura F:.Shufelt Chair Zoning,Boatd.ofAppeals a s 200 Wn.St w,Hyannis,MA 02601'(o)508M24786(fl 508 62 4784 36tmain Street,:Hyannisr,MA W601(0)508$62 4678(f)508 862 782 x Town of Barnstable .BA" LX' Zoning Board of Appeals Daniel M.Creedon,III,Chairman MASk Planning Division - 200 Main Street, Hyannis, Massachusetts 02601 Thomas A.Broadrick,Director Planning,Zoning&Historic Preservation Phone(508)862-4785 Fax(508)862-4725 August 11, 2005 Tom Perry,Building Commissioner Town of Barnstable,Building Division 7o 200 Main Street,Hyannis,MA 02601 Reference: Tradewiiids Inn,Appeal 2005-65—Zoning Board of Appeals concerns with respect to proposed site plan and Site Plan Review Committee. Dear Commissioner Perry: At the August 10`h Zoning Board of Appeal's hearing of the above-referenced application,concerns were expressed by the public and the Board Members with regard to the proposed development plans and locus. Although many of the comments were favorable, issues were raised that the Board determined to communicate to the Site Plan Review Committee with respect to the on-going review of the proposed plans for the development. Specifically,the Board expressed the desire to: • Eliminate the proposed four-car parking area and curb-cut on Craigville Beach Road for the proposed tennis court. • Investigate the possibility of reducing the proposed two westerly curb-cuts on Craigville Beach Road to a single curb-cut only. • Consideration given to a possible pedestrian crosswalk to be located across Craigville Beach Road. Rights to access the beach via Magnolia Lane exist and a desire was expressed for a safe crosswalk in some proximity. • With regards to the crosswalk and site access ideas, concerns were expressed for the speed of traffic at this locus and the desire to reduce that speed. Safe sight distances should be confirmed. 0 • In review of the proposed parking, options should be reviewed to reducing on-site parking by perhaps up to five space located within the wetlands buffer area. Alternatively,consideration may be given to determining the need and installation of the five spaces administratively at a 0 August 11,2005 Letter to Tom Perry,Building Commissioner later date should the need arise. The Board felt that a second vehicle could be accommodated in each of the garage drives. • On-site lighting should be kept to a minimum and subdued. Confirmation is needed that the proposed lighting complies with the Cape Cod Commission guidelines. • Concerning the swimming pool mechanical shed,it should be screen and limited in terms of noise. One suggestion was that it be placed underground. Also, as with all zoning permits, all mechanical equipment must conform to the required yard setbacks and screened from view. Staff for the Board will be available to assist your committee during its review of the proposed plans for the development. This Appeal was continued to 8:30P.M.,Wednesday September 14,2005. On behalf of the Board Members,thank you and your office for its continuous assistance to the Board. Respectfully; 4 Daniel M. Creedon,III, Chairman File:letters-2005—L-081105 Perry on Tradewinds.doc Copy: File Appeal 2005-065 Tradewinds Michael D.Ford,P.O.Box 665,W.Harwich,MA 02671 Thomas A.Broadrick,Director,Planning,Zoning&Historic Preservation Robin Giangregorio,Site Plan Review Coordinator i .--- lLN>TX i tLr1pIV6 v � .. . W. R1],Syp�]:R /• OU/.10 e41�Tp !2 � - _\ d -•' O elcrew alma �. �gnex'Qzy � r. ec _2 uq 7 CM3Y v + W d a-.�a.•a.o � ©� �(.c`�/� fill 3,J rfff+ S YYI .._, ,Y� m o .,•� � rr t ar-a\ G RN2 ul xt r( �I m C 1!1' T.P.] P.!T�IXII•> .^, TRA\S f C LN_S N'+LL llJ` er �.\" r>cti eN� e- - .:7, a ^ a•rner r zi l/� f7 S C 1T Y R� r t1 1 .C�dIXINa fJ I VJ 3 pox kltiz I ,-i^ f F=;a. LL r1�f_ =rr KEY A-2 I'LI I i A lubp.acrttR r I iO •uo rna.rlwn �.pl•� A(.• / - • WL]NY YYIvie�Plo]m /•Llaw�q O� AS-1 i 1 i L - ' TRANSMITTAL KEENAN+KENNY ARCHITECTS,LTD 189 Main St.,Suite 2A,Falmouth,MA 02540 TEL: 508-540-0075 FAX: 508-540-0079 E-MAIL: kk.arch verizon.net PROJECT: The Residences at Trade Winds DATE: May 20, 2008 780 Craigville Beach Road West Hyannisport, MA Construction TO: J.K. Scanlan Falmouth Technology Park 15 Research Road East Falmouth, MA 02536 ATTN: Greg Inman WE ARE X Herewith Under separate cover Hand delivered TRANSMITTING: Originals Prints Correspondence X Other COPIES DATE DESCRIPTION 1 05/20/08 Trade Winds Condominiums, Units 5 through 16 Construction Control Completion Affidavit (revised) These items are transmitted as noted: X For approval X For your use X As requested For review and comment REMARKS: COPY TO (w/o enclosed): BY: An KeeAan, AIA Trade W inds\Transmittals\052008Scanlan CONSTRUCTION CONTROL COMPLETION AFFIDAVIT PROJECT LOCATION: West Hyannisport, Massachusetts NAME OF PROJECT: Trade Winds Condominiums, Units 5 through 16 PROJECT NUMBER: SCOPE OF PROJECT: New,twenty-one unit, multi-family project in five separate buildings I, John J. Keenan , of Keenan+Kenny Architects,Ltd. submit that our office has performed the following professional services, as specified in the Massachusetts State Building Code Section 116.2.2 and as related to the architectural portions of the work: 1. Reviewed for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Reviewed and approved the quality control procedures for all code-required controlled materials. 3. Been present at intervals appropriate to the stage of construction and complexity of the project,to become generally familiar with the progress and quality of the work, and determine to the extent practical and possible the work was being performed in a manner consistent with the architectural construction documents. To the best of our information,knowledge, and belief,the architectural work has been ,a,�h satisfactorily completed in substantial compliance with the intent of the construction d�oer is i„x' ;6SW Signatur Massachusetts Registration No.. m Our observations during site visits do not relieve the Contractor or its subcontractors of their responsibilities and obligations for quality control of the work, for any design work which is included in their scope of services(i.e. design delegation),and for full compliance with the requirements of the Construction Documents and applicable building codes. Furthermore,the detection of, or the failure to detect,deficiencies or defects in the work during our site visits does not relieve the Contractor or their subcontractors of the responsibility to correct all deficiencies or defects,whether detected or undetected, in all parts of the work,and to otherwise comply with all requirements of the Construction Documents. NOTARY STATEMENT: ./ Subscr' and sworn to e efore this U � day of NOTARY PUBLIC MY COMMISSION EXPIRES 0 r - } OASTA_T NGINEERING COPY, TRANSMITTAL MANY, INC. 260 Cranberry Hwy.,Orleans,MA 02653 508-255-6511 Fax:508-255-6700 www.ceccapecod.com To: Barnstable Building Department Date: 5/20/08 Project No. C16684.01 Town of Barnstable 200 Main Street Via: ❑1st Class Mail[:]Pick up ®Delivery❑Fed Ex Hyannis, MA 02601 Phone: Fax: Subject: Trade Winds Residences No.of pages to follow: 780 Craigville Beach Road Craigville, MA i ❑Plans ❑ Copy of Letter ❑ Specifications Z Other We are sending the following items: Copies Date No. Description 1 5/20/08 Affidavit Building"A" Structural Engineering Final Report 1 5/20/08 Affidavit Building"B" Structural Engineering Final Re ort 1 5/20/08 Affidavit Building"C Structural Engineering Final Report These are transmitted as checked below: ❑€or approval ®for your use ❑as requested ❑far review & comment ❑ Remarks: Cc: Greg Inman By: David A. Morand,P.E., SECB John Keenan James E. Walsh John Stewart DAM/dl b NOTE: IF ENCLOSURES ARE NOT AS NOTED,PLEASE CONTACT US AT (508) 255-6511. D:IDOCIC16600116684116684011Coi-•espardenceiFaxTransmittals7r•ans-Final-Affrdavits_0 2008.doc • I AFFIDAVIT BUILDING"A" STRUCTURAL ENGINEER FINAL REPORT Permit No. (For ISD Use) To the Commissioner,Inspectional Services Department,Town of Barnstable Re: The Residences at Trade Winds 1. In accordance with Section 116.4.1 of the Massachusetts State Building Code,and as a registered professional engineer, I,David A. Morand,P.E., SECB of Coastal Engineering Company,Inc.,certify that I,or my authorized representative(s),have inspected the work associated with: The construction of a building for the Residences at Trade Winds,780 Craigville Beach Road, Craigville,MA. on the dates indicated upon previously submitted field reports,or on at least fifteen(15)occasions during construction, and that to the best of my knowledge,information,and belief and within my ability to ascertain the information,the. work has been done in conformance with the permit and plans approved by the inspection Services Department as amended, and with the provisions Massachusetts State Building Code 6`h Edition and the Rules and Regulations of Massachusetts State Building Code,780 CMR-6th Edition,within normal professional standard of care. ^ LIAa mnt-Q: 45391 PROFESSIONAL ENGINEER MASS.REG.NO. . � Coastal Engineering Company,.Inc. DAViD,k COMPANY MORAND 260 Cranberry Highway,Orleans,MA 02653 ADDRESS 508-255-6511 F�yAk PHONE L As used herein,the word certify shall mean an expression of the Engineer's profession and does not constitute a warranty or guarantee. Our observations during site visits do not relieve the Contractor or its subcontractors of their responsibilities and obligations for quality control of the work,for any design work which is included in their scope of services(i.e.design delegation),and for full compliance with the requirements of the,Construction Documents and applicable building codes.Furthermore,the detection of,or the failure to detect,deficiencies or defects on the work during our site visits does not relieve the Contractor or their subcontractors of their responsibilities to correct all deficiencies or defects,whether detected or undetected,in all parts of the work,and to otherwise comply with all requirements of the Construction Documents. On this -0 day of 20i�,before me,the undersigned notary public,personally appeared L)Av �b A . RD 00b ,pr&ved to me through satisfactory evidence of identification which was lu\jp-qL S L:kc-eO Sf_,to be the person who signed this document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief e rr�•,_t n•_.__ I n t t } V1111. 1 Sigi1a1 IC,allu-JGa My Commission expires My Commission Expires D:I DOCIC1660011668411668401I CCA),Tidavit-Fienl-BI IgA_057008.,Ioc. a AFFIDAVIT BUILDING"B" STRUCTURAL ENGINEER FINAL REPORT Permit No. (For ISD Use) To the Commissioner,Inspectional Services Department,Town of Barnstable Re: The Residences at Trade Winds 1. In accordance with Section 116.4.1 of the Massachusetts State Building Code, and as a registered professional engineer, I,David A.Morand,P.E., SECB of Coastal Engineering Company,Inc.,certify that I,or my authorized representative(s),have inspected the work associated with: The construction of a building for the Residences at Trade Winds, 780 Craigville Beach Road, Craidville,MA. on the dates indicated upon previously submitted field reports,or on at least fifteen(15)occasions during construction, and that to the best of my knowledge, information,and belief and within my ability to ascertain the information,the work has been done in conformance with the permit and plans approved by the Inspection Services Department as amended,and with the provisions.Massachusetts State Building Code 6`I Edition and the Rules and Regulations of Massachusetts State Building Code,780 CMR-6th Edition,within normal professional standard of care. !` t 45391 jVk OF PROFESSIONAL ENGINEER MASS.REG.NO. DAVID A6 Coastal Engineering Company,Inc. MORNW COMPANY 0 g y� 260 Cranberry Highway, Orleans,MA,02653 C* ADDRESS 508-255-6511 PHONE roF � L As used herein,the word certify shall mean an expression of the , Engineer's profession and does not constitute a warranty or guarantee. Our observations during site visits do not relieve the Contractor or its subcontractors of their responsibilities and obligations for quality control of the work,for any design work'which is included in their scope of services(i.e.design delegation),and for full compliance with the requirements of the Construction Documents and applicable building codes.Furthermore,the detection of,or the failure to detect,deficiencies or defects on the work during our site visits does not relieve the Contractor or their subcontractors of their responsibilities to correct all deficiencies or defects,whether detected or undetected,in all parts of the work,and to otherwise comply with all requirements of the Construction Documents. On this -V day of i 200 g,before me,the undersigned notary public,personally appeared Nj ,pr ed to me through satisfactory evidence of identification which was 1)Qavt25 LAC.-EW,;G,to be the person who signed this document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief. Official Signature and Seal My Connnission expires MV commission ExDlre-e MOrch 14, 2014 . _D:IDOCIC76600116684116b8,IOIICC4jftdnvii-Final-BIdgB_052008.doc r AFFIDAVIT BUILDING"C" STRUCTURAL ENGINEER FINAL REPORT Permit No. (For]SD Use) To the Commissioner,Inspectional Services Department,Town of Barnstable Re: The Residences at Trade Winds 1. In accordance with Section 116.4.1 of the Massachusetts State Building Code,and as a registered professional engineer, 1,David A.Morand,P.E., SECB of Coastal Engineering Company,Inc., certify that I,or my authorized representative(s),have inspected the work associated with: } The construction of a building for the Residences at Trade Winds,780 Craigville Beach Road, Craigville,MA. on the dates indicated upon previously submitted field reports,or on at least fifteen(15)occasions during construction, and that to the best of my knowledge, information,and belief and within my ability to ascertain the information,the work has been done in conformance with the permit and plans approved by the inspection Services Department as amended,and with the provisions Massachusetts State Building Code 6 h Edition and the Rules and Regulations of . Massachusetts State Building Code, 780 CMR-6th Edition,within normal professional standard of care. ' tt � 11 7? 45391 OF PROFESSIONAL ENGINEER MASS.REG.NO., A q5 Coastal Engineering Company,Inc. COMPANY 260 CranberryHighway,Orleans,MA 02653 N I ADDRESS 508-255-6511 �O fi�'lST � ��� PHONE As used herein,the word certify shall mean an expression of the Engineer's profession and does not constitute a warranty or guarantee. Our observations during site visits do not relieve the Contractor or its subcontractors of their responsibilities and obligations for quality control of the work,for any design work which is included in their scope of services(i.e.design delegation),and for full compliance with the requirements of the Construction Documents and applicable building codes.Furthermore,the detection of,or the failure to detect,deficiencies or defects on the work during our site visits does not relieve the Contractor or their subcontractors of their responsibilities to correct all deficiencies or defects,whether detected or undetected,in all parts of the work;and to otherwise comply with all requirements of the Construction Documents. On this day of 200 S,before me,the undersigned notary public,personally appeared A J tD A. P 0 2R r11b ,p ved to me through satisfactory evidence of identification which was j o \\I E(2�S L-i CEQSE,to be the person who signed this document in my presence and who swore or affirmed tome that the contents of the document are truthful and accurate to the best of his knowledge and belief. Off'iai Sigiiaiuic diid S--1 My Commission.expires MY Commission Expires AAolrch 14, 2014 D:I DOCICI6600116634116684011CCAf davit-Final-BI IgC_06]00S.,Ioc SOUTHEAST ENGINEERING, INC. 273 WAREHAM ROAD 4 TEL:(508)748-2967 MARION,MASSACHUSETTS 02738 FAX:(508)748-3347 E-MAIL:,WJONES2©AOL.COM JK Scanlan Co., Inc. 15 Research Road East Falmouth, MA 02536 RE: The Residences at Tradwinds 780 Craigville Beach Road Craigville, MA Certificate of Completion ; Heating, Ventilating and Air Conditioning I hereby certify that,myself and/or my representatives, have been to, and inspected,the heating, ventilating, and air conditioning installation at the project site named above and to the best of my knowledge that work conforms to the Massachusetts State Building Code, 6t'Edition, and has been installed in good,engineering practice. Signed By: Date: - TS Zzk P�,(N OF SASS �o LF IA ' t; E No.32 3 JENf llr iLL„ Notary Public Commonwealth of Massachusetts My Commission Expires Jur-20,2008 SHIFMAN DESIGN ASSOCIATES, INC. Plumbing and Fire Protection Design Services 141 Cross St. Stoughton, Mass.02072 781-344-6743 FAX 781-344-3847 May 15,2008 Building Inspector Inspectional Services Division Building Department Craigville,MA 02632 Re: The Residences at Trade Winds 780 Craigville Beach Road Craigville,Ma. 02632 PLUMBING SYSTEMS CONSTRUCTION AFFIDAVIT I hereby certify that,to the best of my knowledge and understanding,the installation of he new plumbing systems in Units 5 through 16 at the proJect site named above has been constructed in accordance with drawings prepared by this office. Signed Ab Date: dward 9ifrmnaVPres0ce--nt Subscription and sworn to before me this_L day of � p , -2008. (Notary(Notary Public) M OF USA BETH HOFFMAN Notary Public DAMES My commission expires Commonwealtl,of Massachusetts Expires- ?. Jul,4,2008 STROKENo. 20068 � "v�ht<Mt•{ r S r S� u � r1la C `i r s 3 MARSL 1679;. Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2005-065 - Special Permits -Tradewinds Inn Section 240-94A; change of a nonconforming use to another nonconforming use , and Section 240-93B, alterations/expansions in preexisting nonconforming building or structure. To change,extend,alter/re-construct a nonconforming 46 bedroom hotel&restaurant to 21 unit multi-family development. Summary: Granted with Conditions Petitioner: Tradewinds Inn Property Address: 780 Craigville Beach Road,Centerville,MA Assessor's Map/Parcel: Map 226,Parcel 140-1 Zoning: Residence B&Residence C Zoning Districts Relief Requested &Background: The locus is the"Tradewinds Inn", a 46-bedroom commercial hotel and 125-seat restaurant. The use of the property is nonconforming as it is a commercial use located within single-family zoning districts. The applicant is seeking to redevelop the property's multi-family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming pool and tennis court. The Inn encompasses two lots, as shown on Assessor's Map 226,parcels 140-001 and 140-002, addressed ' 734 and 780 Craigville Beach Road, Centerville. The two lots total 5.51 acres and are developed with four principal buildings. Both lots are owned by the Archer Realty Trust,Alan Isenstadt,Trustee. Today,the applicant is seeking special permits for one of the two lots-Assessor's Map 226,parcel 140-001 which is the larger of the two lots containing 5.28 acres and three of the four structures—aka 780,760 and 760A Craigville Beach. The applicant is seeking to convert those three structures totaling 16,807 sq.ft. of living area and containing the restaurant,to 21 two-bedroom townhouse units. From the plans presented,21 indoor garage spaces are proposed and 27 outdoor paved parking spaces are provided for the residents and visitors. In addition to the tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. Two curb-cuts,one an entrance drive . and the other an exit drive, are proposed. A third curb-cut is to be gated and used only for emergency access. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 18, 2005. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 10, 2005 and continued to September 14,2005, at which time the Board found to grant the special permit with conditions. Board Members assigned were, Gail Nightingale,Randolph Childs, Sheila Geiler,Jeremy Gilmore, and Chairman Daniel M. Creedon Attorney Michael Ford.represented the Applicant before the Board. Also present was Craig Short,P.E. and Mr. Gordon Clark,Northside Design Architects. Mr. Alan Isenstadt,Trustee of the Archer Realty Trust was also present during the hearing. Mr.Ford noted that the applicant is seeking a special permit to change a nonconforming restauranAotel into a 21-unit condominium complex(multi-family)with each unit containing 2 bedrooms. He cited that the area of the buildings would also be altered and expanded to accommodate the new use. He presented a brief history of the property,predating it to 1929 when it was the Wainright Estate. He explained the existing conditions of the nonconformities. Mr.Ford stated that the site is located in an environmentally sensitive area and the wetland and health issues constrained much of the development. Mr.Ford stated that the change from commercial hotel to multi- family would be more compatible with the neighborhood. With reference to the initial plans presented,Mr. Ford noted that the applicant is still working with Site Plan Review and the Building Commissioner to assure all requirements are met. He presented the plans noting that the buildings on site would be raze and replaced with a series of connected buildings. The plans have been approved by the Conservation Commission and by the Board of Health. Mr. Ford noted that more site area would be preserved as a buffer to the wetlands and that on-site wastewater disposal would be reduced from 8,700 gal.per day to 4,620 gal. per day as calculated under Title V. Mr. Short noted that the proposed septic system will treat to 15 ppm at the edge of the property. Parking needs of 95 spaces are needed and there are only 86 spaces. There was discussion about the reduction of parking on site and putting more into impervious. Traffic will be less than that of a motel etc.because the units will be privately owned. There would be a less intense use even during the summer. Plans for the units and buildings were presented by Mr. Gordon Clark of Northside Design. He addressed the issue of the number of stories and cited that: there will be no living space is in the attic area,there will be only 2 floors of living area, and the buildings will conform to all zoning and building code requirements for the intended use. The Board and Mr.Ford discussed the plans initially presented with the applicant. Changes were requested and the applicant agreed to investigate those changes and prepare plans for review. The Board questioned what was the applicant's plans were for the smaller lot. Mr. Ford stated that the applicant is aware that there no longer could be a nonconforming use and it would have to conform to single-family use. However,he suggested that the structure on this smaller lot could be used for affordable units as the affordable requirement would have to be satisfied prior to the issuance of the building permit Public comment was requested. Tony Balsamo,President of Christian Camp Meeting Association reads letter expressing concerns for Lake Elizabeth and neighborhood beautification. Jim Lane,President of Redly Apartment Association stated that the Tradewinds offers a positive proposal. Gabrial Facker, Clergyman, Craigville Village, also cited concerns for Lake Elizabeth. Charles Marshall,a Member of Craigville Beach Road Association sited concerns for the location and its environment. Wayne Kurker, direct abutter supported the proposal. Also speaking in support were; Kevin O'Neil,John Pendergast,Jr., John Troy,Tim O'Keefe, Stefan Seidner and Mrs. Julia Gavitt. Mr. Seidner did cite concern regarding traffic and pedestrians and Mrs. Gavitt,noted concerns for certain design aspects. The Board requested the applicant look into those issues when the plans are further refined. The hearing was continued to September 14, 2005. 2 r 1 At the continuance,it was noted that Board Member,Jeremy Gilmore was not present and if the applicant proceeded with a four member board all of the votes would have to be in the affirmative for a grant of the appeal. Mr. Ford agreed to proceed with the four members present. At that continuance,revised site and architectural plans and a September 14, 2005 Memorandum from the Building Commissioner were received. The Board and applicant reviewed those plans and.a short summary of the proposal was presented by Mr.Ford. Public comment was requested and a Mr. Gerald C. Tucke of 20 Marie Avenue spoke in opposition. He stated that he had not received public notice. The Board reviewed that issue and it was determined that he was not within that area required under MGL Chapter 40A for notification to be sent. He expressed concerns that recent improvements in the area had led to flooding in his basement and he was concern that the proposed development would exasperate the situation. The Board determined that a condition should be imposed that all drainage from the site would be contained on the site. Findings of Fact: At the hearing of September 14, 2005,the Board unanimously made the following findings of fact: 1. Appeal 2005-65 is that of the Tradewinds Inn for property addressed 780 Craigville Beach Road, Centerville,MA as shown on Assessor's Map 226,Parcel 140-1. It is in a Residence B and C Zoning Districts. 2. The subject lot is the"Tradewinds Inn", a 46-bedroom commercial hotel and 125-seat restaurant. The use of the property is nonconforming and the applicant is seeking to redevelop the property as multi- family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming pool and tennis court. 3. According to the Town of Barnstable records,the Inn encompasses two lots, as shown on Assessor's Map 226, parcels 140-001 and 140-002, addressed 734 and 780 Craigville Beach Road, Centerville. The two lots total 5.51 acres and are developed with four principal buildings. 734 Craigville Beach is developed with a single building of 2,990 sq.ft.,built in 1958. 780 Craigville Beach is developed with three structures totaling 24,686 sq.ft., apparently rebuilt in 1952. The larger structure, 18,951 sq.ft. houses hotel rooms,and a 125-seat restaurant. The two smaller structures on the lot(aka 760 and 760A Craigville Beach) apparently house additional hotel rooms. There also exists a dilapidated shed on the property. 4. Both lots are owned by the Archer Realty Trust,Alan Isenstadt,Trustee. Both have been owned by the Trust since June of 1972 as evidenced by deeds recorded in the Barnstable Registry of Deeds as Certificate Nos. 55074 and 55075. Both of the lots are also subject to the same mortgages and in December of 1987 were granted Special Permit 1987-84 to allow for the expansion of the nonconforming use. That permit was issued to Jeff Sollows and Douglas Lebel as Trustees of S.L.S Trust,however, it was never implemented. 5. The applicant is seeking a special permit for one of the two lots,780 Craigville Beach Road,containing 5.28 acres and three structures—aka 780, 760 and 760A Craigville Beach. The applicant is seeking to convert the property to 21 two-bedroom townhouse units. The proposed new buildings are described as: 3 • "Building A", estimated at 226 by 36 feet,converted to 8 living units within the existing footprint (Unit Nos. 1 to 8). • `Building B 1"and"Building B2"a new structure estimated to measure 136 by 40 feet. The two halves are connected by a covered roof structure and each half is to be two units for a total of 4 living units, (Unit No.s 9, 10, 11 & 12). • `Building C"is a proposed new structure,estimated to measure 96 by 40 feet and containing 3 living units (Unit No.s 13, 14 & 15). • "Building D"is also a 96 by 40 foot building containing 3 living units (Unit No.s 16, 17 & 18). • "Building E"is located to the eastern side of the property and estimated to measure 110 by 40 feet containing 3 living units, (Unit No.s 19, 20&21). 6. From plans presented,Buildings A through D are three level structures with parking garages on the lower level(with the exceptions of the lower level of Units No. 4, 5, 6,7, 8, and 16). Building E appears to contain garages and living area on the lower level with bedrooms above. 7. In addition to the 21 indoor garage spaces,there is one space provided in each of the garage drives plus 27 uncommitted outdoor paved parking spaces for a total of 69 on-site parking spaces for the residents and visitors. In addition to a proposed tennis court,a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. 8. Revised site plans for the development consisting of a total of seven (7) sheets have been submitted to the file. Those plans consist of Sheets 1 to 5 entitled"Proposed Construction for Tradewinds" as drawn by Craig R. Short,P.E.,dated July 26,Last revised September 13, 2005, scaled 1"=30',plus two addendum sheets. Copies of which have been entered into the file. 9. In order to qualify as a pre-existing legally-created,nonconforming use the use must predate the 1929 inception of zoning in the Town of Barnstable. A 1922 recorded plan(Land Court Plan 8993A) shows that the lot existed at that time, and the then existing structures located upon the lot. The size of a larger building would suggest that a use other than single-family residence may have existed at that time. That lot appears to have remained until the 1952 division of the land as per Land Court Plans 8993B and 8993C. 10. Section 941)of the Code of the Town of Barnstable—Inclusionary Affordable Housing requires two units of housing to be dedicated in perpetuity as affordable. The applicant has agreed to meet this requirement to the satisfaction of the Barnstable Housing Committee. 11. With respect to the requirements of Section 240-94A: • On January 25, 2005,the Board of Heath approved the proposed on-site septic system. That system was approved with dimensional variances to the location of the soil absorption system. • Regarding required parking,the existing use would require a minimum of 98 parking spaces. The proposed 21 multi-family units would require only 35 on-site parking spaces according to the Zoning Ordinance. • Traffic generations from a 125-seat restaurant and a 41-room motel would be considerably more than that generated for a 21-unit multi-family development. 4 • The proposed change in use would certainly not result in an increase of.on-site and off-site noise, dust and odors,nor increase the hours of operation,number of tenants or number of employees. 12. With regards to the requirements of Section 240-94B: the proposed new buildings meet the required front, side and rear setbacks. However,the location of two of the new structures do not comply with the required 35-foot setback from wetlands. Building A,is located as it now exists,non-conforming,in that it is only 28.4 feet off the wetlands. Building E, that is to replace an existing structure,located 10.68 feet from the wetlands, is proposed at 30.23 feet. Although not conforming to the requirement of 35 feet, it is less intrusive than that which exists. In effect, the proposed alterations make it less nonconforming and more in conformance with the Zoning Ordinance overall. 13. This application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. 14. After evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 15. A site plan_has been reviewed by the Site Plan Review Committee and that plan can be found approvable. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. This permit is issued in accordance with Section 240-94A, change of a nonconforming use to another nonconforming use to permit a nonconforming motel and its accessory uses to change to a multi-family use and Section 240-93B, alterations/expansions in pre-existing nonconforming building or structure to permit the structures located on the site to be altered and expanded. 2. 780 Craigville Road, Centerville-Assessor's Map 226,parcel 140-001 shall be limited to no more that 21 two-bedroom multi-family townhouse units and associated site improvements including parking, a swimming pool and tennis court. Development of the site shall be in accordance with plans submitted to the Board, entitled"Proposed Construction for the Tradewinds"as drawn by Craig R. Short,P.E.,dated July 26, 2004, last revision date of September 13,2005 and consisting of 5 sheets plus two addendum sheets. 3. The buildings to be built on the lot addressed as 780 Craigville Beach Road shall be as presented to the Board in plans submitted entitled"Proposed Tradewinds Town Houses, Centerville MA"as drawn by Northside Design Associates dated 9/2/05 and consisting of 12 sheets. 4. The applicant shall comply with the requirements of Section 94D of the Code of the Town of Barnstable—Inclusionary Affordable Housing that will require two units of housing to be dedicated in perpetuity as affordable. 5 5. Unless the Barnstable Housing Committee determines that another option exists to satisfy the Inclusionary Affordable Housing requirement and subject to approval of the Barnstable Housing Committee,734 Craigville Beach Road, Centerville-Assessor's Map 226,parcel 140-002 shall be limited to one structure containing a two-family dwelling (townhouse type units)to satisfy the Inclusionary Affordable Housing Requirements of Section 9-4D of the Code of the Town of Barnstable. Those two units shall dedicate in perpetuity to affordable housing units. To only be sold or rented to qualified households in accordance with the requirements of the Ordinance. 6. All of the structures shall conform to the residential height limitations and number of stories for the Zoning District and conformity as determined by the Building Commissioner. The area of the attic space shall be structured so that it is not usable as a habitable area. 7. Each of the units shall have a deeded or assigned garage space. 8. Development of both lots shall conform to and be maintained with any Order of Conditions issued or to be issued by the Conservation Commission. 9. On-site septic shall conform to all requirements of the Board of Health 10. Development shall conform to all applicable fire and building requirements for the use. 11. All development shall conform to the Section 240-34-Flood area provisions of the Zoning Ordinance. 12. The Master Deed shall include restrictions that the attic area and the garage area shall not be converted into habitable space and that the number of bedrooms shall not be expanded beyond that permitted by this decision. The Master Deed shall also contain all restriction, contained in this decision. 13. The units shall not be rented for less that a period of three months. This restriction shall be imposed on the applicant and incorporated into the master deed and bylaws of the association. 14. In the event that the Inclusionary affordable units are to be located at 734 Craigville Beach Road, then prior to the issuance of the 10`h and 20'h occupancy permits to the 21 unit development on 780 Craigville Beach Road,one affordable unit occupancy permit must be issued for an affordable unit on 734 Craigville Beach Road. 15. All mechanical equipment associated with the dwelling(air conditioners,electric generators, etc.) shall be located so as to conform to the required setbacks for the District and screened from neighboring homes and the public right-of-way. 16. During all stages in the demolition and reconstruction on the property, all vehicles, equipment and materials associated with the demolition/reconstruction shall be required to be located on-site and not within the required setbacks. At no time will any parking, storage or construction materials or items be permitted in the right-of-way of Craigville Beach Road and Marie Avenue. 6 4" 17. The extent of development authorized in this permit shall be considered full build-out for the lot and the buildings and structures shall not be expanded in area or in footprint nor shall any other accessory structure be permitted without further permission from the Zoning Board of Appeals. 18. This decision must be recorded at the Barnstable Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals Office and to the Building Division before any demolition or building permit is issued. The relief authorized must be executed within one year of the grant of this permit. 19. All run-off shall be contained on-site. 20. All lighting shall conform to the guideline of the Cape Cod Commission. The vote was as follows: AYE: Gail Nightingale,Randolph Childs, Sheila Geiler,Daniel M. Creedon NAY: None Ordered: Special Permit 2004-65 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon III,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 under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 7 b • r7ge> aaco NO Do► � C (�'1a�-key-Ra.:l-e i r `5`�Ic��S h3� aa� Iwo noa a y� BARNSrARM MAR& � f6}q. �FD NIAr s Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2005-065 - Special Permits -Tradewinds Inn Section 240-94A, change of a nonconforming use to another nonconforming use and Section 240-93B, alterations/expansions in preexisting nonconforming building or structure. To change,extend,alter/re-construct a nonconforming 46 bedroom hotel&restaurant to 21 unit multi-family development. Summary: Granted with Conditions Petitioner: Tradewinds Inn Property Address: 780 Craigville Beach Road,Centerville,MA Assessor's Map/Parcel: Map 226,Parcel 140-1 Zoning: Residence B&Residence C Zoning Districts Relief Requested & Background: The locus is the"Tradewinds Inn", a 46-bedroom commercial hotel and 125-seat restaurant. The use of the property is nonconforming as it is a commercial use located within single-family zoning districts. The applicant is seeking to redevelop the property's multi-family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming pool and tennis court. The Inn encompasses two lots, as shown on Assessor's Map 226,parcels 140-001 and 140-002, addressed 734 and 780 Craigville Beach Road, Centerville. The two lots total 5.51 acres and are developed with four principal buildings. Both lots are owned by the Archer Realty Trust,Alan Isenstadt,Trustee. Today, the applicant is seeking special permits for one of the two lots -Assessor's Map 226,parcel 140-001 which is the larger of the two lots containing 5.28 acres and three of the four structures—aka 780, 760 and 760A Craigville Beach. The applicant is seeking to convert those three structures totaling 16,807 sq.ft. of living area and containing the restaurant, to 21 two-bedroom townhouse units. From the plans presented, 21 indoor garage spaces are proposed and 27 outdoor paved parking spaces are provided for the residents and visitors. In addition to the tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. Two curb-cuts, one an entrance drive and the other an exit drive, are proposed. A third curb-cut is to be gated and used only for emergency access. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 18, 2005. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in.accordance with MGL Chapter 40A. The hearing was opened August 10, 2005 and continued to September 14, 2005, at which time the Board found to grant the special permit with conditions. Board Members assigned were, Gail Nightingale,Randolph Childs, Sheila Geiler,Jeremy Gilmore, and Chairman Daniel M. Creedon t Attorney Michael Ford represented the Applicant before the Board..Also present was Craig Short,P.E. and Mr. Gordon Clark,Northside Design Architects. Mr. Alan Isenstadt,Trustee of the Archer Realty Trust was also present during the hearing. Mr. Ford noted that the applicant is seeking a special permit to change a nonconforming restaurant/hotel into a 21-unit condominium complex(multi-family) with each unit containing 2 bedrooms. He cited that the area of the buildings would also be altered and expanded to accommodate the new use. He presented a brief history of the property,predating it to 1929 when it was the Wainright Estate. He explained the existing conditions of the nonconformities. Mr. Ford stated that the site is located in an environmentally sensitive area and the wetland and health issues constrained much of the development. Mr. Ford stated that the change from commercial hotel to multi- family would be more compatible with the neighborhood. With reference to the initial plans presented,Mr. Ford noted that the applicant is still working with Site Plan Review and the Building Commissioner to assure all requirements are met. He presented the plans noting that the buildings on site would be raze and replaced with a series of connected buildings. The plans have been approved by the Conservation Commission and by the Board of Health. Mr.Ford noted that more site area would be preserved as a buffer to the wetlands and that on-site wastewater disposal would be reduced from 8,700 gal. per day to 4,620 gal. per day as calculated under Title V. Mr. Short noted that the proposed septic system will treat to 15 ppm at the edge of the property. Parking needs of 95 spaces are needed and there are only 86 spaces. There was discussion about the reduction of parking on site and putting more into impervious. Traffic will be less than that of a motel etc.because the units will be privately owned. There would be a less intense use even during the summer. Plans for the units and buildings were presented by Mr. Gordon Clark of Northside Design. He addressed the issue of the number of stories and cited that: there will be no living space is in the attic area,there will be only 2 floors of living area, and the buildings will conform to all zoning and building code requirements for the intended use. The Board and Mr. Ford discussed the plans initially presented with the applicant. Changes were requested and the applicant agreed to investigate those changes and prepare plans for review. The Board questioned what was the applicant's plans were for the smaller lot. Mr. Ford stated that the applicant is aware that there no longer could be a nonconforming use and it would have to conform to single-family use. However,he suggested that the structure on this smaller lot could be used for affordable units as the affordable requirement would have to be satisfied prior to the issuance of the building permit Public comment was requested. Tony Balsamo,President of Christian Camp Meeting Association reads letter expressing concerns for Lake Elizabeth and neighborhood beautification. Jim Lane, President of Redly Apartment Association stated that the Tradewinds offers a positive proposal. Gabrial Facker, Clergyman, Craigville Village, also cited concerns for Lake Elizabeth. Charles Marshall, a Member of Craigville Beach Road Association sited concerns for the location and its environment. Wayne Kurker, direct abutter supported the proposal. Also speaking in support were; Kevin O'Neil,John Pendergast,Jr., John Troy, Tim O'Keefe, Stefan Seidner and Mrs. Julia Gavitt. Mr. Seidner did cite concern regarding traffic and pedestrians and Mrs. Gavitt,noted concerns for certain design aspects. The Board requested the applicant look into those issues when the plans are further refined. The hearing was continued to September 14, 2005. 2 At the continuance,it was noted that Board Member,Jeremy Gilmore was not present and if the applicant proceeded with a four member board all of the votes would have to be in the affirmative.for a grant of the appeal. Mr.Ford agreed to proceed with the four members present. At that continuance,revised site and architectural plans and a September 14, 2005 Memorandum from the Building Commissioner were received. The Board and applicant reviewed those plans and a short summary of the proposal was presented by Mr. Ford. Public comment was requested and a Mr. Gerald C. Tucke of 20 Marie Avenue spoke in opposition. He stated that he had not received public notice. The Board reviewed that issue and it was determined that he was not within that area required under MGL Chapter 40A for notification to be sent. He expressed concerns that recent improvements in the area had led to flooding in his basement and he was concern that the proposed development would exasperate the situation. The Board determined that a condition should be imposed that all drainage from the site would be contained on the site. Findings of Fact: At the hearing of September 14,2005,the Board unanimously made the following findings of fact: 1. Appeal 2005-65 is that of the Tradewinds Inn for property addressed 780 Craigville Beach Road, Centerville,MA as shown on Assessor's Map 226,Parcel 140-1. It is in a Residence B and C Zoning Districts. 2. The subject lot is the"Tradewinds Inn",a 46-bedroom commercial hotel and 125-seat restaurant. The use of the property is nonconforming and the applicant is seeking to redevelop the property as multi- family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming pool and tennis court. 3. According to the Town of Barnstable records,the Inn encompasses two lots, as shown on Assessor's Map 226,parcels 140-001 and 140-002, addressed 734 and 780 Craigville Beach Road, Centerville. The two lots total 5.51 acres and are developed with four principal buildings. 734 Craigville Beach is developed with a single building of 2,990 sq.ft.,built in 1958. 780,Craigville Beach is developed with three structures totaling 24,686 sq.ft.,apparently rebuilt in 1952. The larger structure, 18,951 sq.ft. houses hotel rooms, and a 125-seat restaurant. The two smaller structures on the lot(aka 760 and 760A Craigville Beach) apparently house additional hotel rooms. There also exists a dilapidated shed on the property. 4. Both lots are owned by the Archer Realty Trust,Alan Isenstadt,Trustee. Both have been owned by the Trust since June of 1972 as evidenced by deeds recorded in the Barnstable Registry of Deeds as Certificate Nos. 55074 and 55075. Both of the lots are also subject to the same mortgages and in December of 1987 were granted Special Permit 1987-84 to allow for the expansion of the nonconforming use. That permit was issued to Jeff Sollows and Douglas Lebel as Trustees of S.L.S Trust, however, it was never implemented. 5. The applicant is seeking a special permit for one of the two lots,780 Craigville Beach Road,containing 5.28 acres and three structures—aka 780, 760 and 760A Craigville Beach. The applicant is seeking to convert the property to 21 two-bedroom townhouse units. The proposed new buildings are described as: 3 • "Building A",estimated at 226 by 36 feet,converted to 8 living units within the existing footprint (Unit Nos. 1 to 8). • "Building B 1"and"Building B2"a new structure estimated to measure 136 by 40 feet. The two halves are connected by a covered roof structure and each half is to be two units for a total of 4 living units, (Unit No.s 9, 10, 11 & 12). • `Building C"is a proposed new structure,estimated to measure 96 by 40 feet and containing 3 living units (Unit No.s 13, 14 & 15). • "Building D"is also a 96 by 40 foot building containing 3 living units (Unit No.s 16, 17 & 18). • "Building E"is located to the eastern side of the property and estimated to measure 110 by 40 feet containing 3 living units, (Unit No.s 19, 20&21). 6. From plans presented,Buildings A through D are three level structures with parking garages on the lower level (with the exceptions of the lower level of Units No. 4, 5, 6, 7, 8, and 16). Building E appears to contain garages and living area on the lower level with bedrooms above. 7. In addition to the 21 indoor garage spaces, there is one space provided in each of the garage drives plus 27 uncommitted outdoor paved parking spaces for a total of 69 on-site parking spaces for the residents and visitors. In addition to a proposed tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. 8. Revised site plans for the development consisting of a total of seven(7) sheets have been submitted to the file. Those plans consist of Sheets 1 to 5 entitled"Proposed Construction for Tradewinds"as drawn by Craig R. Short,P.E.,dated July 26,Last revisedMeptem:__ber 13-2Q ,_scaled 1"=30',plus two addendum sheets. Copies of which have been entered into the file. 9. In order to qualify as a pre-existing legally-created,nonconforming use the use must predate the 1929 inception of zoning in the Town of Barnstable. A 1922 recorded plan(Land Court Plan 8993A) shows that the lot existed at that time, and the then existing structures located upon the lot. The size of a larger building would suggest that a use other than single-family residence may have existed at that time. That lot appears to have remained until the 1952 division of the land as per Land Court Plans 8993B and 8993C. 10. Section 9-41)of the Code of the Town of Barnstable—Inclusionary Affordable Housing requires two units of housing to be dedicated in perpetuity as affordable. The applicant has agreed to meet this requirement to the satisfaction of the Barnstable Housing Committee. 11. With respect to the requirements of Section 240-94A: • On January 25, 2005,the Board of Heath approved the proposed on-site septic system. That system was approved with dimensional variances to the location of the soil absorption system. • Regarding required parking,the existing use would require a minimum of 98 parking spaces. The proposed 21 multi-family units would require only 35 on-site parking spaces according to the Zoning Ordinance. • Traffic generations from a 125-seat restaurant and a 41-room motel would be considerably more than that generated for a 21-unit multi-family development. 4 The proposed change in use would certainly not result in an increase of on-site and off-site noise, dust and odors,nor increase the hours of operation,number of tenants or number of employees. 12. With regards to the requirements of Section 240-94B: the proposed new buildings meet the required front, side and rear setbacks. However,the location of two of the new structures do not comply with the required 35-foot setback from wetlands. Building A, is located as it now exists,non-conforming, in that it is only 28.4 feet off the wetlands. Building E, that is to replace an existing structure,located 10.68 feet from the wetlands, is proposed at 30.23 feet. Although not conforming to the requirement of 35 feet, it is less intrusive than that which exists. In effect, the proposed alterations make it less nonconforming and more in conformance with the Zoning Ordinance overall. 13. This application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. 14. After evaluation of all the evidence presented,the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 15. A site plan has been reviewed by the Site Plan Review Committee and that plan can be found approvable. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. This permit is issued in accordance with Section 240-94A, change of a nonconforming use to another nonconforming use to permit a nonconforming motel and its accessory uses to change to a multi-family use and Section 240-93B, alterations/expansions in pre-existing nonconforming building or structure to permit the structures located on the site to be altered and expanded. 2. 780 Craigville Road, Centerville-Assessor's Map 226,parcel 140-001 shall be limited to no more that 21 two-bedroom multi-family townhouse units and associated site improvements including parking, a swimming pool and tennis court. Development of the site shall be in accordance with plans submitted to the Board,entitled"Proposed Construction for the Tradewinds"as drawn by Craig R. Short,P.E.,dated July 26, 2004, last revision date of September 13, 2005 and consisting of 5 sheets plus two addendum sheets. 3. The buildings to be built on the lot addressed as 780 Craigville Beach Road shall be as presented to the Board in plans submitted entitled"Proposed Tradewinds Town Houses, Centerville MA"as trf:a:wnbyby Northside.Design Associates dated-972/05 and-consisting of'1_ 2 she t 4. The applicant shall comply with the requirements of Section 94D of the Code of the Town of Barnstable—Inclusionary Affordable Housing that will require two units of housing to be dedicated in perpetuity as affordable. 5 1110 5. Unless the Barnstable Housing Committee determines that another option exists to satisfy the Inclus�ionaary Affordable Housing requirement and subject to approval of the Barnstable Housing %_.Comrmttee, 734_Craigville-Beach-Road;Centervi-l-le=Assessor=s~Map 226,p ra cel 140-002. hall'be1 limited to one structure co in as ning atwo-family dwelling(townhouse type units to satisfy the Inclusionary Affordable Housing Requirements of Section 9-41)of the Code of the Town of Barnstable. Those two units shall dedicate in perpetuity to affordable housing units. To only be sold or rented to qualified households in accordance with the requirements of the Ordinance. 6. All of the structures shall conform to the residential height limitations and number of stories for the Zoning District and conformity as determined by the Building Commissioner. he area of the attic space shall'be structured sat it is not sable as a hab ai ble area" 7. Each of the units shall have a deeded or.assigned garage space. 8. Development of both lots shall conform to and be maintained with any Order of Conditions issued or to be issued by the Conservation Commission. 9. On-site septic shall conform to all requirements of the Board of Health 10. Development shall conform to all applicable fire and building requirements for the use. 11. All development shall conform to the Section 240-34 -Flood area provisions of the Zoning Ordinance. 12. The Master Deed shall include restrictions that the attic area and the garage area shall not be converted into habitable space and that the number of bedrooms shall not be expanded beyond that permitted by this decision. The Master Deed shall also contain all restriction,contained in this decision. 13. The units shall not be rented for less that a period of three months. This restriction shall be imposed on the applicant and incorporated into the master deed and bylaws of the association. IV In the event that the Inclusionary affordable units are to be located at 734 Craigville Beach Road, then prior to the issuance of the 10"'and 20'h occupancy permits to the 21 unit development on 780 Craigville Beach Road,one affordable unit occupancy permit must be issued for an affordable unit on 734 Craigville Beach Road. 15. All mechanical equipment associated with the dwelling(air conditioners,electric generators,etc.) shall be located so as to conform to the required setbacks for the District and screened from neighboring homes and the public right-of-way. 16. During all stages in the demolition and reconstruction on the property, all vehicles,equipment and materials associated with the demolition/reconstruction shall be required to be located on-site and not within the required setbacks. At no time will any parking, storage or construction materials or items be permitted in the right-of-way of Craigville Beach Road and Marie Avenue. 6 17. The extent of development authorized in this permit shall be considered full build-out for the lot and the buildings and structures shall not be expanded in area or in footprint nor shall any other accessory structure be permitted without further permission from the Zoning Board of Appeals. 18. This decision must be recorded at the Barnstable Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals Office and to the Building Division before any demolition or building permit is issued. The relief authorized must be executed within one year of the grant of this permit. 19. All run-off shall be contained on-site. 20. All lighting shall conform to the guideline of the Cape Cod Commission. The vote was as follows: AYE: Gail Nightingale,Randolph Childs, Sheila Geiler,Daniel M. Creedon NAY: None Ordered: Special Permit 2004-65 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision, a copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon III, 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 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk