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G .• } ` n a d 4 0 F b w „ l BARNS "BLE BAFLNVARLM '07 JAN 24 Pig :35 Town of Barnstable ZoningBoard of Appeals Decision andNotce Special Permit,2007-002- Radius Providence'Realty, LLC Cape Regency Nursing&,Rehabilitation Center Section 2401.5 (C.( ]Conditional Use Nursing and/or Retirerhent Home and .Section 240-93(B) Expansion of a Nonconforming Structtare Not Used as a Dwelling Seeks to construct 29 units for assisted living at the.Cape Regency:Nursing& Rehabilitation Center Summary:: Granted with Conditions Petitioner: Radius Providence Reaity d/b/a Cape Regency Nursing&,Rehabilitation Center Property Address; 120 South Main Street,Centerville, MA Assessor's.Map/Parcel; Map 208, Parcel 089=001 Zoning: Residence.C=2 Zoning District Relief Requested & Background: Appeal 2007-002 seeks_to:expand the existing Cape Regency Nursing & Rehabilitation Center.with an addition to house 29 nits,for assisted living. According to the Assessor's record, the 19.54 acre lot is developed with a1 20-bed nursing home which was built in 1982.. The 43,731 sq.ft. nursing home. was permitted by Special. Permit No 1980-91 issued pursuant to: Conditional Use of a Nursing and/or Ret.irement.Home in the Residence-C-2 Zoning District. Plans for the proposed addition were originally submitted with the:application and.subsequent revisions were submitted.on December 1`3, 2006.and December 18, 2006. .A December 27, 2006 memorandum from Attorneys Patrick M. Butler and Eliza Z.Cox supporting the.granting of the permit was also submitted to the file. The applicant,is seeking,to'e. xpand the existing.structure with a new:two story addition to.be. constructed above.th.e existing single story building area and"a new 3-story wing addition.consisting of a garage basement level all to 1.be constructed.to the eastern side of the.exisfing building. A one-story 9$.6 sq,ft. structure is also planned in order to house.a wastewater treatment facility. Proposed site improvements include the adjustmentto and expansion of the on-site parking in.order to accommodate a totaLof 97 vehicles, improved on-site drainage, site amenities, landscaping, and site. lighting The existing septic system is to be repl"aced with a wastewater treatment facility: Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and:at the office of the Zoning Board of Appeals on September 05, 2006. 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 January 3, 1 I Special Permit 2007-002—Radius Providence Realty,LLC 2007 and continued to January 17`h, at which time the Board found to grant a new conditional use special permit subject to conditions herein. Board Members deciding this appeal were, Randolph. Childs,James R. Hatfield,John T: Norman, and Chairman--Gail C. Nightingale;. Attorneys Patrick M. Butler and Eliza Cox represented the applicant in this appeal to the Board. Also in attendance were principals of,Radius Providence Realty, LLC,the wastewater engineer,.>and David. H. Dunlap, the project architect. Mr. Butler submitted a Project Summary sheet citing the'benefits of the proposed development as well as a list of community organizations which Cape Regency has been involved with. He cited that the plans had been developed with input from the Site Plan Review Committee and the Centerville, Osterville, Marstons.Mills,(COMM) Fire Department. President David Dunlap of David H. Dunlap Associates, Inc.,the project architect, presented the proposed expansion and alterations to be made to the facility. He also cited improvements to be .made to the site which included adjustmentsto theaccess drives, improved and expanded parking„ landscaping, and lighting. Mr. Dunlap indicated that the addition will mostly be for Alzheimer/M.emory impaired patients and that no cooking would be permitted in the units. He also cited that improvements would also be made to the existing facility in`clud,ing.a new:kitchen for the nursing home. Ms Christine Bassett, principal of Radius, noted that the units would be studios and';-one-bedroom units which, should the need arise that would require housing for 2 people, the one-bedroom units could accommodate that need. She also stated that if'those patients were in need of nursing care that would also.be provided on-site: It was also clarified that all of the units would be.rented. Ms Eliza Cox discussed the benefits of the proposed development. She also addressed the criteria for the granting of the special permit indicating that the proposal met, and in cases, exceeded that required under the ordinance. The Board and representatives discussed the issue of the.. existing building and its three floors. It was noted that this issue was most likely attributed to the_lack of a definition for a half-.story in the.zoning ordinance at the.time of the original construction. Ms Bassett explained the operations of the new section to be added. She cited that it would employ13 people (that being over three shifts), would include safeguards to residences that are acceptable with the fire department,.and would.cost in excess of$7 million. She also indicated that preference would be given.by the contactor to hiring local laborers. The:Board and Mr. Butler discussed the nature of permitting. It was noted that the units; assisted living. units, are exempt under the Cape Cod Commission guidelines. The Board determined that.they would seek a clarification on that issue from the Town Attorney's Office as well as the applicability.of the Incusionary Housing requirements in this case. Public comment was,requested and no-one spoke in favor or in opposition to the.req,uest. The Board,continued the appeal to January 17, 2007. At.that-continuance;Chairman Nightingale cited that only four of the members and associate members who participated in the,first hearing were present at the continuance. Mr. Butler agreed to proceed with the four member Board. Mr. Butler summarized the outstanding issues and cited that he had, over the last week, conferred with the Town Attorney's Office which concurred that the.-proposed addition would not triggers Cape Cod, Commission DR! review, The Town Attorneys Office also addressed the issue.of affordable housing and it was cited that the applicant and the Townhad agreed upon language to be conditioned into tide' permit should it be granted. 2 f ; Special Permit.2007-002-;Radius Providence Realty;.UC Assistant Town Attorney Charles McLaughlin addressed the Board concurring with Mr. Butler's statements. He noted thatthe proposed condition would address affordability by requiring that 1.4% of all of the beds would be available for Medicaid eligible residents. That group would consist of those residences that fall within that low income group. Mr. Butler also noted that the requirement can be met at all times given the time lag for admittance: Findings of Fact At the hearing of January 17; 2007 the Board unanimously made the following findings of fact: 1. Appeal 2007-002 is that of Radius Providence Realty d/b/a Cape Regency Nursing& Rehabilitation Center. The applicant has applied for a Special.Permit for the property and facility addressed as. 120:`South Main Street, Centerville, MA. That property is-shown on Assessor's"Map,208 as parcel 089-00:1. It is in a Residence C-2 Zoning District. 2. The applicantseeks a special permit pursuant to.Section" 240-15 (C) [1) Conditional Use for a Nursing and/or Retirement Home in the Residence C-2 Zoning District and Section 24Q-93(B) — Expansion.of a Nonconforming Structure Not Used as.a Dwelling. The application also cited an Alternative option for relief by a.Modification of Special Permit 1980-91 previously issued for the property and its development. 3. In this Appeal Number.2007-002,the applicant seeks to:construct29 units for assisted Jiving;. Plans for the proposed additions and improvements were originally submitted with the application and subsequently:revised. Those revised plans have been submitted and are contained within the file. 4. According to the Assessor's record; the 19.54 acre lot is developed with a 120`.bed nursing home built in 1982. The 43,131 sq.ft., nursing home was permitted by Special Permit No 1980791 :issued pursuant to Conditional Use of a Nursing and/or Retirement Home in the Residence C-2 " Zoning District. The R-2 Zoning District was created,in 1974 by adoption of Article 12. That article specifically createdtliis district providing for nursing and/ar,retirement home by special permit. 5: According to the plans submitted,the existing structure on:the.lot;is a three-story (32-feet,high) building and an attached 1.5-story building: The total footprint of the structure listed i5`17,813 sq.ft. There are 78 on-site parking spaces as.well as associated landscape improvements. 6. Currently, the applicant is seeking to expan&that existing structure by the building of two stories above that existing single story area of the building, by constructing an.addition-.which-consists of a 3-story wing with a garage basement level all"to the eastern side of the building,and.the construction of a.one-story 986 sq.ft.addition to house a Iwastewater treatment'facility. 7. The applicant'has substantiated to the Board that the proposed benefits would include: • the wastewater treatment facility which will reduce the.nitrogen loadingto iess.than 10mgfl: That"reducti:on representinga 63% reduction over the existing situation.,: • storm water improvements:which:will employ best�management.practices; including,no d,isturban,ce within the 50-foot.buffer to wetlands and Incorporate a detention/infiltration basin. ® site improverrients which will bring the on-site roadways and parking area into,toIhformity tQ current standards .especially with respect to emergency vehicle access:, Special Permit 2007-002-Radius Providence.1Zealty,LLC the 29 units which are,to accommodate memory Irripaired,,Alzheimer and Dementia patients, a group that is,underserved;in Barnstable. 8. An Order of Conditions was issued by the.Conservation Commission on October 2, N06., 9. The Board of Health has endorsed the proposal because it proposes a.wastewater treatment facility. That facility will require only a DEP Groundwater Discharge Permit. That permit application was filed on October 31, 2006.. 10. A site plan has been found to be approvable for the development by the Site Plan Review Committee. 11. This application falls within a category specifically accepted in the ordinance fora grant of a special permit and after evaluation of all the evidence presented, this 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. Decision Based on the findings of fact a motion.was duly made and seconded o grant a Special Permit to Radius Providence Realty, LLC for a Conditional Use of a Nursing and Retirement Care Home pursuant to Section 240-15(C) [11 and for the Expansion of a Nonconforming three-story structure pursuant to Section 240-93(B) of the Zoning Code of the Town subject to..the following conditions:. 1. Development of the site:shall be as proposed in.plans submitted to the Board and.entitled "Assisted Living,Additions to Cape Regency,A Radius Healthcare.Center, 120 South Main Street, Centerville, MA 02632" consisting of a total of 17 sheets including the coversheet and architectural drawings of the proposed building expansion. 2. The total number of bedrooms permitted-o-n tthe property shall not exceed i 49._One hundred and twenty beds shall be nursing home case beds and 29 sha constitute'one-bedroom/studio units ta< accommodate memory Impaired,Alzheimer and Dementia patients. 3. Prior to the issuance of-any Building permit,the applicant shall provide a copy of the DEP Groundwater Discharge Permit.Application for the construction and;operation of the Wastewater Treatment Facility to be developed''on the property.. 4. A monitoring plan for the wastewater treatment facility shall be developed and submitted to DEP and a copy submitted to the _Board of Health. That plan and its approval shall be required prior to. the issuance of any building permit. 5. The wastewater treatment faci'I'ity shall be operational prior to the.issuance of any occupancy permit for the 29 additional units authorized. 6. All air vents associated with the wastewater treatiment.facility and the leach ing.field'shall be fitted with charcoal filters.or other filters to reduce odor. 7. Development,shal1 conform to;the Order of Conditions issued by the Conservation Commission, all applicable regulations of the Centerville, Osterville, Marstons Mills (COMM) Fire Department, all:applicable regulations of the Health Division, and all applicable building code requirements:; 8 Ali dumpstersshall be screened 4 Special.Permit 2007-002—Radius Providence Realty,ULC, 9. The emergency generator shall be reviewed and upgraded as may be needed.to assure required power to.operate the facility inclusive of the wastewater treatment facility and the added new units. The fuel source of propane is recommended'. 10. Once construction is completed, there shall be no storage trailers permitted'on the site. 11. The proposed parking.lot and driveways,shall be unproved, landscaped and lighting installed as. shown in plans submitted. These improvements shall be completed or security established for the improvements prior to the issuance of any occupancy permit for the 29 additional units: authorized. 12.This permit is issued for the 19.6 acre lot. That lot area shall not be .reduced. 1:3.The existing screening of the building from Main Street shall remain. The trees and vegetation providing that,buffer shall not be removed or trimmed. Clearing,of'under brush.shall be limited.-to. protect that.buffer. 14. On=site parking shall be provided and maintained for a minimum of 97 vehicles, 15.This special permit is transferable to an owner or a lessee of the property provided that they ,adhere to all restrictions and conditions contained herein. 16. At all times; no Less than 10%of all beds (nursing and assisted Living)within the.Cape Regency facility shall be available to Medicaid eligible residents. The vote was as follows: AYE: Randolph Childs,James R. Hatfield,John T. Norman,and Gail C. Nightingale NAY: None ordered Special Permit 2007-002 is granted with:conditions. This decision must be recorded at the Barnstable 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 Iv1GL 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. Loz G C: Nightingale hairnna Date Signed 1, 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 Si ned and sealed this / day of,'', ;unde;rahe pains and pe�naECies of perjury.. g Linda Hutchen:rider, Town Clerk 5 © MacLeod Structural Engineers, P.A. FIELD REPORT y , Client: Gavin Associates Date of Site Visit: October 07, 2008 Sub Contractor: R&A Drywall, LLC - 49 Blanchard St Suite 309 Lawrence, MA 01843 BAN]4 Z®Q9 r Re: Cape Regency - Centerville, Ma ` This report concerns our site visit to the above referenced project. The purpose of the site visit was to observe the light gage steel framing in comparison to the approved shop drawings and check on the items addressed on our first field report dated 08/18/0JW. Based on our observations, the work was done accordingly with the shop drawings and is adequately completed in the areas observed. All the concerns addressed from the first site visit are done per our recommendations. Thank you for the opportunity to serve you in this matter. Please contact me at anytime if you.have any questions, or would like further clarification of any items in this report. Sincerely, s - (lViL i MacLeod Structural Engineers, P.A. NO :x, ;-, s �r Anilda Gribizis _ Project Engineer - a� cc: File a� ,: •,- �� �� - t ,, 404 MAIN STREET" GORHAM, MAINE 04038 PHONE (207) 839-0980 FAX (207) 839-0982 10i27/2aoa 13:24 'PAX t¢�OOZ MacLeod S#ry Aural Enalneersy PJL FIELD Client: Gavun.Ass Icians Date of Site visit:October 07 2008 ,• +s Sub Contractor: Division p Buildu4 Systems etc. k l 4 Cote Ave Goffstown,NH 0 .045 Re:Cape Regan=- -Centarvillc,lvin w 'this report canoams our site visit to the above referenced projcot. ThC Purpose of the site visit was to ed and check on the,items the ov serve the light•ra steel fi2rni3g in cornpsrison tQ appr shop drawings addressed on our first field report dated 08/18/09. Based on our oh-nervations, the work was done accordingly with the shop drawings and is adeWate ly completed in the areas observ&i'All tho concerns addressed from, the brit`site visit are done per our reoomruens• r Thank you for the-.opporttmity to stove you iu this matter. Please cora'act me at anytime if you have any questions,or wou ld like further clurMcadou of am itt in this report. Sincerely, BRUCE w. C!WL Owd�Str �Bugiue&a,P.A. N0.4WD ,Aada Chibizas r rcT ���.ng�netzr • cc: File 'r 404 MAIN S 839-099 0 EOO�j _ 6TULYHO9I IVA U'U R007/47,/01 ROBT W. HALL CONSULTING ENGINEERS, INC. 540 MEADOW STREET EXTENSION AGAWAM, MASSACHUSETTS 01001-0002 (413)789-0960 - FAX(413)789-3295 Engineer's Final Affidavit for Project Close Out I, Robert F. Griffiths Mass. Registration No. 33161 being a registered Professional Engineer hereby certify that I or my authorized representatives have made periodic visits to the project site throughout construction, and to the best of my knowledge and understanding the project: Cape Regency Nursing Facility located at Centerville, MA Building Permit has been built / altered in accordance with the approved plans and contract. documents, and that such plans conform to the provisions of the Massachusetts State Building Code, 780 CMR 6th edition. ENTIRE PROJECT ARCHITECTURAL STRUCTURAL X MECHANICAL FIRE PROTECTION ELECTRICAL OTHER (specify) y�CF (Affix Seal here) S;-m « � Robert F. Griffiths : > (Print Name) On this 5th day of June 2009, before me, the undersigned notary public, personally appeared Robert F. Griffiths (name of document signer), proved to me through satisfactory evidence of identification, which was personal knowledge of the identity of the principal, to be the person whose name is signed on the preceding or attached document in my presence. cam`":'`^.� (OfficialFsignature and seal of notary)My CommiSSion.expires May 23, 2014 .i� i ROBT W. HALL CONSULTING ENGINEERS, INC. 540 MEADOW STREET EXTENSION AGAWAM, MASSACHUSETTS 01001-0002 (413) 789-0960 • FAX(413) 789-3295 Engineer's Firr�31 Affidavit for Project Close Out I, Robert F. Griffiths Mass. Registration No. 42984 being a registered Professional Engineer hereby certify that I or my authorized representatives have made periodic visits to the project site throughout construction, and to the best of my knowledge and understanding the project: Cape Regency Nursing Facility located at Centerville, MA, Building Permit has been built / altered in accordance with the approved plans and contract documents, and that such plans conform to the provisions of the Massachusetts State Building Code, 780 CMR 6th edition. ENTIRE PROJECT ARCHITECTURAL STRUCTURAL MECHANICAL X FIRE PROTECTION ELECTRICAL OTHER (specify) OF ens, (Affix Seal here) Vo p� ROMERrF, cyNw GRIFFITHS n+ FIRE PRCTI�1 H ► OTE s Na 42M AoQ�e' Robert F. Griffiths (Print Name) Ss�ONAL r►rvvv�� On this 5th day of June, 2009, before me, the 'undersigned notary public, personally appeared Robert F. Griffiths (name of document signer), proved to me through satisfactory evidence of identification, which was personal knowledge of the identity of the principal, to be the person whose name is signed on the preceding or attached document in my presence. 7 (Official signature and seal of notary)My CommISS1011 eXplreS May 23, 2014