SR-2022-015 Pinto 63 Ocean Ave CENT DCPC Mod SPStaff Report
Special Permit Application No.2022-015 –Pinto
Modification of Special Permit 2021-024
§ 240-131.4 D (2) (a) and 240-131.4 E –Craigville Beach District Use Regulations
To modify Condition No. 1 to allow the demolition of the existing garage and the
construction of a new garage
Date:March 29, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Julie P. Pinto and Gregory J. Pinto, Trustees of the JDC Ocean
Avenue Realty Trust
Property Address:63 Ocean Avenue,(Craigville)Centerville, MA
Assessor's Map/Parcel:226/149
Zoning:Craigville Beach District –Craigville Village
Neighborhood (CBDCV)
Filed:March 18, 2022 Hearing:April 13, 2022 Decision Due:June 26, 2022
Copy of Public Notice
Julie P. Pinto and Gregory J. Pinto, Trustees of the JDC Ocean Avenue Realty Trust,have
applied for a modification of Special Permit No. 2021-024 in accordance with Section 240-
131.4D (2) (a) Change, Expansion, Alteration of Structures by Special Permit and Section 240-
131.4E Special Permit for Dimensional Relief under the Craigville Beach District Use
Regulations. The Applicants are seeking to modify Condition No. 1 to allow for the demolition
and reconstruction of the garage pursuant to the plans previously submitted and approved by
the Board. The property is located at 63 Ocean Avenue, Centerville (Craigville), MA as shown
on Assessors Map 226 as parcel 149. It is located in the Craigville Beach District Craigville
Village (CBDCV) District of Critical Planning Concern (DCPC).
Background
The subject property is an 8.3 +/-acre lot located on Ocean Ave in the Craigville Village area
overlooking the Centerville River.According to the Assessors Records,the lot is improved with
a residential dwelling with six-bedrooms, containing 1,758 square feet of living area (3,226
gross square feet)and constructed in 1906.
The Applicants were granted a Special Permit 2021-024 to alter/expand the detached garage,
but due to the poor conditions of the garage, the decision was made to demolish and rebuild.
The entire lot is located in the FEMA AE 100-year flood Zone with the exception of the dwelling.
The property is within the Craigville Beach District, an area designated by the Cape Cod
Commission as a District of Critical Planning Concern. The Craigville Beach DCPC was
initiated by village residents concerned with the changing character of the area and adverse
impacts to the Centerville River. The DCPC addresses issues related to natural and ecological
resources; cultural, historic and architectural resources; natural hazards; wastewater
management; and waterfront management. The regulations contained in Section 240-131 are
the adopted DCPC implementing regulations. These implementing regulations are the means
Town of Barnstable
Planning and Development Department
Town of Barnstable Planning and Development Staff Report
Special Permit No. 2022-015 -Pinto
by which all development is regulated within the district; grandfathering provisions and/or
nonconforming rights conferred by M.G.L. Chapter 40A do not apply within the Craigville Beach
District.
Other approvals
The project has been reviewed and approved by the Conservation Commission (SE3-5870).
Relief Requested
Julie P. Pinto and Gregory J. Pinto, Trustees of the JDC Ocean Avenue Realty Trust, have
applied for a modification of Special Permit No. 2021-024 in accordance with Section 240-
131.4D (2) (a) Change, Expansion, Alteration of Structures by Special Permit and Section 240-
131.4E Special Permit for Dimensional Relief under the Craigville Beach District Use
Regulations. The Applicants are seeking to modify Condition No. 1 to allow for the demolition
and reconstruction of the garage pursuant to the plans previously submitted and approved by
the Board. The property is located at 63 Ocean Avenue, Centerville (Craigville), MA A.
Proposed Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-
125(C). The Board should review the evidence presented by the Applicant, staff, and members
of the public and, after weighing such evidence, is encouraged to articulate if and how the
evidence contributes to each of the required findings.
1.The application falls within a category specifically excepted in the ordinance for a grant
of a Special Permit.Sections 240-131.4(D)(2)(a)and 240-131.4 (E) allow for expansion
of lawfully existing structures with a Special Permit from the Board.
2.After an 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.
3.The proposed alteration/expansions are not substantially more detrimental to the
environment, community and/or historic character of the neighborhood than the existing
building or structure.
4.Contributes to and respects the character and historic development patterns of the area
and minimizes inconsistent redevelopment impacts to the historic and community
character resources in this area.
5.Protects and preserves scenic views and vistas and ways to the water.
6.Protects and improves natural resources, including but not limited to the barrier beach
and groundwater and coastal water quality and minimizes development and
redevelopment impacts to the natural resources and ecosystems in this district.
7.Protects human life and property from the hazards of periodic flooding.
8.Preserves the natural flood control characteristics and the flood control function of the
floodplain.
9.The development complies with the setbacks and lot coverage requirements set forth
herein,and is in character with surrounding structures, particularly structures that
predate it. Relief is being requested for expansion of the structure in accordance with §
240-131.4D(2)(a).
10.The redevelopment complies with the height limitations set forth herein.
11.The addition is set back at least 50 feet from the top of the coastal bank resource area.
Town of Barnstable Planning and Development Staff Report
Special Permit No. 2022-015 -Pinto
12.Existing natural vegetation within the fifty-foot buffer area to salt marsh and undisturbed
buffer areas 50 feet landward of the mean high-water mark of coastal water bodies shall
be preserved to the maximum extent feasible.
13.The expansion does not exceed 25% of the gross floor area of structures in existence as
of July 1, 1989,and does not exceed 10% of the gross floor area of structures in
existence as of November 6, 2009.
14.The expansion does not increase lot coverage over what is allowed under § 240-131.6,
Coverage limitations, or by more than 10% over what was existing on November 6,
2009, whichever is greater.
15.The expansion does not increase flood hazards in the neighborhood.
16.The expansion maintains views to Nantucket Sound / Centerville River: a minimum 20
foot viewshed is existing and maintained.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2022-015, it may wish to consider the
following conditions:
1.Special Permit No. 2022-015 is granted to Julie P. Pinto and Gregory J. Pinto, Trustees
of the JDC Ocean Avenue Realty Trust for the modification of Special Permit No. 2021-
024 in accordance with Section 240-131.4D (2) (a) Change, Expansion, Alteration of
Structures by Special Permit and Section 240-131.4E Special Permit for Dimensional
Relief under the Craigville Beach District Use Regulations,to modify Condition No. 1 to
allow for the demolition and reconstruction of the garage pursuant to the plans
previously submitted and approved by the Board.
2.The proposed alteration shall be constructed in substantial conformance with the site
plan entitled “Site Plan Proposed Improvements at 63 Ocean Avenue Barnstable
(Centerville) Mass” prepared by Sullivan Engineering and Consulting, Inc dated April 7,
2021.
3.There shall be no further expansion of the garage unless approved by the Zoning Board
of Appeals.
4.The Applicant shall comply with decisions and conditions issued by the Board of Health
and Conservation Commission.
5.This decision shall be recorded at the Barnstable County Registry of Deeds and copies
of the recorded decision shall be submitted to the Zoning Board of Appeals Office and
the Building Division prior to issuance of a building permit. The rights authorized by this
special permit must be exercised within two years, unless extended.
Copies:Applicant (c/o Attorney Michael Schulz)
Attachments:Application
Site Plan