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Home My WebLink About2006 May 16 - Board of Appeals Decision - Petition #4026I � : ,�,�,�y,q�� Q�_ i �''�' - .-� TOWN OF YARMOUTH`,",,� �`"�,,�-;I�i H � -�. '� BOARD OF APPEALS�"��`� , ,t ` `L. '�� •�•1 ��♦ �. '�t,��„,..• DECISION � "' `:`e ! � �;� 3� 57 —� � � '� _� FII..ED WITH TOWN CLERK: Map 16,2006 , '• ' _ . � �iCC� �� 1N1 !� D , PETITION NO. #4026 MAY I 7 2006 HEARING DATE: March 23,2046& May 11,2006 � HEALTH DEPT. PETIITONER B�as River Reslty Trust-Chriaty's Market PROPERTY: 1353 Roate 28,Sout6 Ysrmouth 11�p and Parcef: 61.82 Zoning District: B2 MEMBERS PRESENT AND VOTIlYG: D�vid S. Reid, Chairm�n, dohn Ric6ards, Joaep6 Sarnoaky,Diane Moadouris,T6omns R�oc6e. It appearing that notice of said hearing l�as been given by sending botice thereof to the petitioner and�11 e ow�aers of deemed by the Board to be affected thereby, an�d to the public by posting na�'iice of P�Y ° hearing and published in The Register,the heazing was opened and held on the date stated above. � The petitioner seeks a Special Per�nit pu� to bylaw �104.3.2, to expand an existin� non-conforming commercial building. Tlie property is located witt�in the B2 zane, aad the site is occupied'by a seff-serve gas staticm with a co�rvenience retail store and Dunkin Do�nuts coffee courrter. The petitianer seeks to replace its existing walk in cooler with a larger caoler in sabstaatially the same loc�ion ,_ buil on to aa existin within the stare. The cooler structurae will �ctend out beyo�d the rear wall of�e ding, g p. _ cwncrete pad. No clydage of use of tl�e business is proposed,though the replacemem of the cooler will increase the available interior cnstomer area. The gedtianer repre�.s that the newer and larger cooler will reduce the mimber of t�uc�k�liveries of producxs to t�Ce site by approximately three(3)pe,r week. In connedi�with dris cooler replacement,the petitioner proposes certain cosmetic cbanges to the building,and site,as set forth in its P� Sle,d vvith the�3oard. � After receiving comme�ts from the audience and Board, the heazing was co�aRinued, in order to allow the -�� ,,r- pexitioner the ap�pcnrhmity to�on site with the neighbors to asgess and address their c.oncems. The principal '�` -�� conce,rns exp�essed were the noise ge�eratod by the c�oler aad its visual eff+oct upou tt�ad,joini�r�asidences. �� q ��`�t�� The hearing re�med a�the petitione�r filed with the Board revised plans(received and s1�May ��t`�''��'' 11, 2006). The pefitioner has modified the plans, to; {l) move the compressor equipmeirt for the �y cooler to within the building; (2) add tre�s and fencing behind the cooler to screen it from the residences; (3) adding speed bumps to help discouraging traffic cutting through the site; (4} adding plamings to the northerly(Route 28)buffer,; (5) shielding the light fixtures closest to the residence to avoid light spillage on to their adjoining property. During the hearing, the petationer also agrees to remove ce7tain sections of fences adjoining tl� Old Main Street abutter, a� plant additional trces in the vicitity of that boundary, and to reinove the red band from the exterior of the building, in favor of more a muted shingled exterior to be complementary of the historic neighborhood. Conceins were e�xpressed for the lack of specific inforaiation as to the comparisons of the measurable sound to be created by the old and new cooler equipmem. The petitioner represemed that it would be 1 quieter, not only because of the fence and trces to be added, but also because it will be more modern and efficiem equipmem. After further discussion, a motion was made by Mr. Roche, seconded by Mr. R.ichards, to grant the Special Pennit, as requested on the condition that: 1) The petitioner completes alI site upgrades as shown on the latest plans, prior to compl�tion of � the cooler installation; 2) That all trees and buffer plaTrtings be properly mairrtained and replaced if necessaty; 3) That the petitioner, as represemed, me�t with the Old Main Street abutter to address additiana.l buffering measures; 4) That the Special Permit be reviewed by the Board one year after its effective date,to assess the � degree to which the visual and saund mitigation measurea have effectively protected the abutting residernial properties; 5) That the painted red baad proposed around the building be changed to the same color as the clap boards, in an effort to maintain the character of the lustoric area. The members voted unanimously in favor of the motion,the Special Permit is thearefote granted. No permat shall issue wrti120 days &om the filing of this decision with the Town Clerk. Appeals from this decisian shall be made pursuaut to MGL c40A sedion 17 and must be filed wi'thin 20 days aft�filing of this noticeldecision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a su thereof has n�begun within 24 months. (See bylaw�103.2.5,MGL c40A §9) David S. Reid, Clerk �_ ;I i � 2 j , ! , � y _ � r N OF YARlUIOUTH �,f � TOW � ' � �' ' = 1146 ROUTE 28,S(3UTH YARMOUTH,M�SSACHUSETTS 02664-24451 ��►` Telephone(508)398-2231 E�.285,Fax(508)398-0836 � ; ��A ' ied that the Yarmouth Board of Appeals will hold a public hearing on the following You are hereby notif etitions/a peals at the Yarmouth Town Offices, 1146 Route 28, South Yarmouth, MA on "�� r�p �''g;�p:er: E f ,f 1377 Route 28, South Yarmouth. � PETITION #4025: Town of Yarmouth-Packets Landing, � licant seeks a Special Permit from bylaw Map and Parcel: 61.77 & 78, Zoning District: B2. The app � 104.3.2 301, to raze and replace existing strucfiu'es with new structure for Ha.rbormaster and ` Wharf'inger office and multi-use public area. �� M�+et 105 Pleasant Street, Hyannis, MA. Property lacation: �,�Q,1� #�4$2b: C:� p licant seeks a R��u��• �,p & Parcel: 61.82, Zoning District: B2. The a p o,v. � y 104,3.2,to a�tttach cooler to rear of building. 8� �v� � � Special permit from b law § Inc,, 915 Route 6A (aka Z Apache PETITION #4029: Portside Development Partners, l�cant seeks Drive Yarmouthport. Map and Paxcel: 143.112, Zoning busin s u se�and parking n a building to Variances from bylaw §202, §301,to a11ow various of�ice and be constructed Partlally in a residential zone. 29'7 North Street, Hyannis, MA• pETITI�yN #4028; Gladstone Limited P�rtne�hl and Parcel: 73.9.2.5, Zoning District: Property location: 28 Aaron's Way, West Yarmouth. Map 1 301 arking and buf�e�'r�uuements, to a11ow B3/APD• 'The applicant seeks a Variance from by aW § w�e ause. construction of a new 9,768 squa�'e foot plumbing supplY ' ' nal materials, which have been filed with the Board, may be viewed during regular business Any additio hours at the Board of Appeals Office in the Town Office Building.