AP - 2022-015 Pinto 63 Ocean Ave HY Mod SP . .
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� Zoning Board ofAppeals
� Application for a Special Permit
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' DateApp|icat�nRere/ved� Appeu| 0u,:
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� Huar<ng, Due Date: / HeahnADaLe:
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� Property Owner:Julie P.Pinto and Gregory J.Pinto,Trustees of the Joo Ocean Avenue Realty Trust Phone:
. Property Location:. Village:Centerville
� City;Barnstable State: | np:O2O3?
� AddnssofOwner
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' (if different fromabove:
/ City: State: Zip:
Assessor's |
. Asmecmr'o|nfo: K4ap:220 Parcel: 14S Zoning District: OCPC | GmundwmterOveday� AP
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Re�stryofDeeds/Land Book: i Page: | DocumentA: Certificate#:221628
Court Reference: Plan Book: | Plan Page:
� Applicant's Name:'
Phone:
Applicant's Address: | |
Fax#: '
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C�Y' State: || Zip:
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� |fAppUcant(s) differs from owner, state nature ofinterest2
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. The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for the reasons set
forth below:
Cite Section(s) &TIt|e(s)from Zoning Ordinance: 240'
� Demchption of Activity/Reason forRequest:
� the demolition and
reconstruction of the garage pursuant to the plans previously submitted to the Board due to the poor structural condition
as described by Webb Structural Services.
|s property subject toanexisting Special I/YES' Please list Appeal#(s): 2021-024 NO
|Permit orVariance:
/The Applicam(s)Name will be the entity mwhom the Special Permit will�issued to.
' x the/wn|^am(s)differs from property owner,mexnplicant will be required*submit one original notarized letter from the owner omhonzim the^nn/icnm(,)m represent them
before the Board. Also,a perspective^°"",(")."v executed Purchase and Sales Agreement"/lease," other documents m prove standing and interest n the property will u°required.
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Existing Level of Development of Property—Existing Number of Buildings:
Existing Use of Property: 1
► Existing Gross Floor Area: 1
Proposed Level of Development of Property—Total Number of Buildings: i
► Proposed Use of Property: 1
Proposed New Gross Floor Area: 1
Site Plan Review Number: I Date Approved:
► Description of Construction Activity (if applicable):
► 1
I 1
I 1
Is the property located in a designated Historic District: Yes No X 1
Is the building a designated Historic mark: Yes No X 1
I Is this proposal subject to approval by the Board of Health: Yes No X 1
Is this proposal subject to the jurisdiction of the Conservation Commission: Yes No X l
Have you applied for a building permit: Yes No X �1
Have you been refused a building permit: Yes No X 1
Signature: Date:March 18, 2022
Print Name:Michael F. Schulz I Phone:
Mailing Address: 1340,Main.Street
` city: Qsterville
State:MA 4 Zip:02655
Fax Number:508-420-1536 Email Address:mschulz_@schulzlawoffices.com
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� Town ofBarnstable
� Zoning Board ofAppeals DO NOT TIME
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Application for Special Permit STAMP THIS PAGE
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INSTRUCTIONS,
� Application forms are available at the Zoning Board of Appeals Office, Planning & Development Department 367
� Main Street, Hyannis, MA or by going to ourwabsite: town,bamstob|e.rna.uo/ZoningBoard. Three (3) completed
� application forms with original signatures, along with all required information and materials, must be time
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stamped with the Town Clerk. One copy is to remain at the Town C|ed/c office and two (2) completed
| 0 applications with materials must be submitted to the Zoning Board of Appeals office. |tis strongly recommended
that before filing with the Town C|erk to have your application reviewed by the Zoning Board of Appeals staff
' located at267 Main Street Hyannis, MA. Failure to supply required information is sufficient reason for denial of
� your request.
� Also required will be a check made payable to the Town of Barnstable for the applicable filing fee which is non-
U) refundable, (see Checklist sheet for foes). Also, in accordance with Massachusetts General Law Chapter4OA 011^
you will also be responsible for the legal ad fees once your application is advertised, Staff will inform you of the
� U_ amount of the legal ad fees which should be paid prior to the date of your hearing. The check or money order
must be made payable to the Town of Barnstable and sent to the Zoning Board of Appeals.
The Zoning Board of Appeals will hold a public hearing un your application within 6S days of the filing with the
Town Clerk and shall render a decision within 90 days of the close of the hearing unless extended by signed
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! mutual agreement. Cases are assigned in order of receipt and given the Board's case load, an extension form
\ is included in the application should it be needed. Abutters will be notified by mail, by Stuff, of the date of the
i public hearing for which you will be required to provide the postage for these notices. Staff will provide you
with the correct amount of stamps needed.
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When the application is filed, you should be fully prepared to go forward with the public hearing. For all proposals
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z that require Site Plan Review, that review must be completed prior to filing an application to the Zoning Board of
� W Appeals. Materials submitted thereafter shall be given to the Board Members the night of the hearing along with a
� recommended continuance dote. Continuances must be mutually agreed upon and you, or your representative,
� m will still be required to attend the hearing and should be prepared to go forward with the application.
i All of the applications to the Board are reviewed by staff ofthe Planning & Development Department and
� approximately one week prior tothe hearing, a staff report written by the Board's Principal Planner, shall be
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provided to you, or your represontetive. Cases must be presented to the Board and the public atun open public
hearing, During the hearing' public comment will be taken and inquires by the Board made. All communication
i with the Board outside ofthe public hearing must be in writing and directed through this Board's office at367
Main Street, Hyannis, M4.
� All decisions of the Board are made at an open public hearing. The written notice of that decision shall be filed
� with the Town Clerk's Office within 14 days after the Board renders the decision. A copy of that filed decision will
be sent certified mail to the applicant or applicant's representative and notices of the decision filing sent to all abutters
' and persons ofinterest. There is on appeal period of20 days from the date the decision is filed with the Town
� m Clerk. Thereafter, and if no appeal is filed, the Town Clerk shall certify tothat fact with his/her signature and sea]
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! o and return |tto this office. In turn, a copy of that decision will be mailed to you via regular first class mail,
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` V) The decision, certified by the Town Clerk, must be recorded at the Barnstable County Registry of Deeds or Land
m Court office, as appropriate to your property for it to take effect. A copy of that recorded document must be
submitted to the Zoning Board of Appeals Office and is required for any building or occupancy permit application
made in reliance of the permit The rights granted under a Special Permit shall lapse unless they are exercised
within two (Z) years of the date of the filing of the decision with the Town Clerk or extended as provided for in
Section 24O'12Suf the Zoning Ordinance,
DO NOT TIME
STAMP THIS PAGE
Please review all applicable zoning rules and regulations prior to applying. Be prepared to present evidence that shows
your use is in harmony with the intent and purposes of the Zoning Ordinance as well as the neighborhood affected (see
Section 240-125,C(2) - Standards For Granting Special Permits). Certain special permits require additional information
and provisions that must be satisfied for the Board to issue the permit, Those additional requirements are found in the
particular section authorizing the grant of the permit.
If you are not familiar with the issues of zoning and the nature of special permits, you may wish to seek additional
advice and guidance.
For more information or to speak to a staff person, please call 508-862-4682,
Thank you,
®O NOT TIME STAMP THIS
11 4RiILY w7A1112( II SHEET
11p•., :•f7PTa
•;.r�tax�rg,/ Town Clerk's stamp is to be placed on
Town of Barnstable the first page of the application which
Zoning Board of Appeals is page 4 and 5 of this packet.
Special Permit Thank you.
CHECKLIST.
The following required Information, as it applies to your application, must be submitted with the application at the
time of filing,failure to do so may result in a denial of your request.
'Three(3)copies of the completed application form with materials,each with original signatures and time stamped by the Town
Clerk(One copy is to remain at the Town Clerk's office and two(2)completed applications with materials listed below must be
submitted to the Zoning Board of Appeals office),
Materials shall include:
1. 'Wet sealed'certified property survey(plot plan) and one (1) reduced copy(8 1/2"x 11"or 11"x 17")showing the
dimensions of the land,all wetlands,water bodies,surrounding roadways and the location of the existing improvements on
the land as well as the proposed improvements,
2. Proposed site Improvement plan,as found approvable by the Site Plan Review Committee(if applicable),with building
dimensions,elevations and layout as may be required plus one(1) reduced copy(81/2"x 11"or 11"x 17") of each drawing.
These plans must show the exact location of all proposed improvements and alterations on the land and to the structures.
Check made payable to The Town of Barnstable in the amount as outlined below: Fee is non-refundable,
Single&Two Family
Home Occupation, Bed & Breakfast Special Permits $600.00
All Other Special Permits $400.00
Multi-Family {{�
Multi-Family 1 $750.00 plus $100,00 per unit
Commercial Business & Industrial
Under 4,999 gross square feet of structure $750.00 (Plus$100.00 for location/traffic review of permits
along Routes 132, 28, 6A and West Main Street, Hyannis)
5,000 to 9,999 gross square feet of structure $1000.00 (Plus$100.00 for location/traffic review of permits 1 along Routes 132,28, 6A and West Main Street, Hyannis)
10.000 gross square feet of structure and above $1500.00 (Plus$100.00 for location/traffic review of permits
g' along Routes 132,28, 6A and West Main Street, Hyannis)(Plus
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- $100.00 for each additional 10,000 gross square feet)
Time Extension {I
Six (6) Month Decision Time Extension I $100.00 1
Postage stamps will be required in order to notify abutters, Please contact this office for the amount of stamps needed prior to
submitting application,
If the Applicant(s)differs from property owner,the Applicant will be required to submit one original notarized letter from the
owner authorizing the Applicant(s)to represent them before the Board, Also, if perspective owner(s), an executed Purchase and
Sales Agreement or lease,or other docurnents to prove standing and interest in the property will be required.
1HE-S
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Town ®f Barnstable
Zoning Bard of Appeals
Agreement to Extend Time Limits
for Holding of a Public Hearing and Filing of a Decision on a
Special Permit
ZBA Appeal 4: Map: Parcel:
Applicant: j
Address: Village/City: State:
Date Application was Time Stamped with Town Clerk: Original Hearing Date:
Original Decision Due: Number of Days Extended:
New Decision Due Date:
In the matter of:
Applicant(s):
the Applicant(s) and the Zoning Board of Appeals, pursuant to Massachusetts General Laws, Chapter 40A,Section 15,
agree to extend the required time limits for the holding of a public hearing and filing of a decision on this application
for a Special Permit for a period of_ days beyond that date the hearing was required to be held and the decision
was to be filed. This extension requires that the decision be filed 14 days after the decision is rendered by the Zoning
Board of Appeals and that the decision be filed no later than:
In executing this Agreement, the Applicant(s) hereto specifically waive any claim for a constructive grant of relief
based upon time limits applicable prior to the execution of this Agreement.
Signatures �{{
Applicant(s) Zoning Board of Appeals I
Print Name: Print Name:
Signature Signature:
1
Date: Date:
Zoning Board of Appeals
Planning& Development Department
367 Main Street,Hyannis,MA 02601
Phone: 508-862-4682 Fax: 508-862-4784
cc: Town Clerk
Applicant(s)
File
Webb 670 Main Street
;
� Reading, MA 01867
r 781 779 1330
Services
March 9, 2022
Peter Makrauer
LDa Architecture & Interiors, LLP
222 Third Street, Suite 3212, Cambridge, MA
919 Main Street, Osterville, MA
RE: Pinto Residence- Evaluation/Recommendation of the existing garage foundation and
wood framing
Dear Peter,
This letter is intended to clarify Webb Structural Services (WSS) position relating to the
condition of the existing garage foundation and wood framing at the Pinto Residence.
WSS understands the foundation of the garage is constructed of unreinforced 8-inch cinder block
support a poor conditioned wood framed wall, ceiling, and roof with identified deficiencies.
® The foundation does not extend below grade to the code-required 4 feet for frost protection.
® There is no footing; The 8-inch block rests directly on the underlying material.
® The cinder block cells are not grouted or reinforced, eliminating the ability to adequately
anchor the building to the foundation.
® Several areas of block are deteriorating, compromising the load-carrying ability of the foundation.
® The foundation wall at the rear of the garage is "bulging" inward due to the lateral earth pressure.
® The roof and ceiling are framed with 2x6s spaced at 24 inches on center. This configuration is
very undersized to today's building standards. The entire frame will require reinforcement,
a The"bulging" foundation has distorted the wood framing to an extent beyond recovery,
requiring complete replacement of several areas of the wall framing.
Given this information, WSS believes the existing foundation and wood framing is not suitable
to be reused as part of the renovated garage structure. WSS requests that the foundation and
wood framing be completely removed and replaced with a new cast-in-place foundation wall and
wood framed structure designed following the current Building Code requirements.
I hope this adequately clarifies our professional opinion of the existing garage foundation.
Please feel free to contact me with further questions if necessary.
Best Regards f,,t f�
STH C TuriA1,R .
Dan Webb P.E.
Mks rt.I;..,z
22
670 Main Street
Reading, MA 01867
(0) 781-779-1330 ext. 101