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HomeMy WebLinkAbout4846 Application Materials Wise Living 822-834 Rte 28 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____ www.singer-law.com Myer R. Singer Of Counsel April 22, 2020 Via Email and Hand Delivery Yarmouth Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: South Yarmouth Wise Living Retirement Community 822 & 834 Route 28 and 30 Frank Baker Road, South Yarmouth Dear Members of the Board, I am writing to submit the following materials in connection with a Use Special Permit request for a redevelopment at the above-referenced property: 1. Variance Application, including Narrative; 2. Aerial Locus Photograph – Existing Conditions; 3. Colored Rendering; 4. Photographs of Existing Freestanding Signs; 5. Photograph of East Side of 834 Route 28 Building; 6. Landscape Plan; 7. Site Plans; and 8. Elevations and Floor Plans. Thank you for your review of this redevelopment proposal. Very truly yours, Andrew L. Singer Andrew L. Singer ALS/a Attachments 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____ www.singer-law.com Myer R. Singer Of Counsel Yarmouth Board of Appeals Variance Application South Yarmouth Wise Living Retirement Community Narrative Introduction The Applicant is proposing to re-use and redevelop the existing hotel and commercial properties located at 822 and 834 Route 28 and 30 Frank Baker Road in South Yarmouth [collectively “Property”] for a mixed-use project consisting of: 1. Wise Living Retirement Community for senior housing with 120 units (104 studios and 16 one bedrooms), common resident dining facility, and outdoor swimming pool; 2. leased medical complex, exercise/rehab, and wading pool facilities; and 3. continuation of existing uses in an existing commercial building. The Property is located in the B2 and VCOD Overlay Zoning Districts, among others. The redevelopment has completed review by the Yarmouth Design Review Committee and Site Plan Review Committee as well as Planning Board VCOD Site Plan Review. The Planning Board will also be reviewing the redevelopment for a required Use Special Permit in the VCOD Overlay Zoning District. As a redevelopment of an existing developed property and re-use of existing facilities, and not the razing and reconstruction of existing structures, there are certain aspects of the detailed architectural design standards in the VCOD Overlay Zoning District that are impractical and/or not architecturally desirable to make with this Property. Though the Planning Board is the use special permit granting authority for the proposed use, the Board of Appeals is listed as the body with the power to waive and vary these design standards. Each of the variances to be sought herein have been reviewed and discussed with Town Staff, Town Committees, and the Planning Board with the understanding that the Applicant would seek relief for these design items from the Board of Appeals. All dimensional requirements of the Zoning By-Law will be conforming. Design Relief The Applicant is thus requesting variance relief in accordance with Section 102.2.2 of the Yarmouth Zoning By-Law [“Zoning By-Law”] and M.G.L. Chapter 40A, Section 10, from the provisions 2 of Section 414.8 – VCOD Design Standards as necessary to approve the submitted design as shown on Site Plan Sheet S-2B and further described in detail as follows: 1. Retain the second, existing freestanding sign for the 834 Route 28 building in addition to maintaining a freestanding sign for the redeveloped 822 Route 28 building (in approximately the same location as existing) on the combined Property (Section 414.8.11); 2. In lieu of constructing a new sidewalk adjacent to the existing sidewalk, provide an eight-foot easement to the Town for future construction or relocation of the existing sidewalk on Route 28 if such relocation is ever desired (Section 414.8.1.4); 3. Not construct three (3) in-lot trees and relocate one (1) in-lot tree to other than where it is required to be placed due to proximity to subsurface septic areas that are being re-used in connection with the redevelopment (Section 414.8.9.4); 4. Not construct additional building modulation bump-outs on the south, east, and west sides of the re-developed 822 Route 28 building beyond those shown on the submitted plans and further to construct those roof bump-outs shown as open-sided and not enclosed (Sections 414.8.3, 414.8.5, and 414.8.6); and 5. Not construct additional building modulations on the east and west sides of the re- used 834 Route 28 building beyond adding dormers, bump-out, and cupola on west- side of the building (Sections 414.8.3, 414.8.5, and 414.8.6). Property/Existing Development 1. 822 Route 28 (4.09 +- acres) is developed with the Irish Village Hotel complex (136 original rooms, now combined as 128 rooms, plus a public restaurant and interior and exterior swimming pools and related amenities). 2. 834 Route 28 (0.88 +- acres) is developed with a commercial building containing three rental spaces – hair salon, retail, and office. 3. 30 Frank Baker Road (1.11 +- acres) is a vacant, undeveloped parcel to the rear of 822 Route 28 and was previously a part of that lot before an ANR Division in 2014 split the land into two pieces. 4. The redevelopment includes merging all three lots into one lot with no change to the retail and commercial uses in the commercial building at 834 Route 28. Proposed Redevelopment The proposal is to rehabilitate and re-use the existing buildings, parking areas, septic systems, and drainage, with upgrades as shown on the plans, including complete aesthetic upgrades to the buildings. The existing public restaurant in the hotel building will be eliminated. The hotel building will be upgraded with a new porte cochere at the main entrance; several new, small roofs at entrances; and the entire building facade will be upgraded to be more aesthetically 3 attractive by changing the predominantly flat roof to a pitched roof with cupolas, gables, parapets, and dormers to break up massing and improve visual interest. Otherwise, the now hotel building will be re- used in the same footprint. Roof-top solar will be provided along the east and west wings of the building away from Route 28 and will not be visible from any street. The proposal includes 120 residential units, which density is allowed per the size of the Property. As previously determined with the Yarmouth Building Commissioner and Town Counsel, all of the units (those with separate bedrooms and those without) are classified as one-bedroom units as defined in the Zoning By-Law and will be conforming as set forth on the floor plans. Age restrictions for residents will be compliant with State requirements. Eight (8) of the units will be accessible units. There will be no inclusionary units, and none are required. Each Unit will be equipped with a kitchenette consisting of a cook top, microwave, refrigerator, and sink. There will be weekly housekeeping of the Units. The commercial building will have a revised roof line with dormers and bump outs on the west side to break up the existing massing. The land that is now 30 Frank Baker Road will remain vacant. The parking on 834 Route 28 will be upgraded and made more formal than the existing conditions. Pedestrian and vehicular interconnections will be provided between 822 and 834 Route 28. Zoning Dimensional Requirements. The existing buidings are conforming with dimensional requirements of the Zoning By-Law (setbacks and height) and will remain conforming. Building coverage and site coverage on the Property are conforming and will remain conforming. 822 Route 28 is pre-existing nonconforming as to parking spaces in front of the building and in-lot trees. 834 Route 28 is pre-existing nonconforming as to parking lot design and in-lot trees. The parking in front of the 822 Route 28 building will be eliminated. The parking behind the commercial building is being upgraded by increasing the pavement sixty feet (60 ft. ) to the rear to the fence line separating the new paved section from the remaining gravel (overflow area if necessary), striping all of the asphalt, and one tree is being added at the back of the new parking. Septic/Drainage/Stormwater. The redevelopment will result in a reduction in the septic flow to be generated at the Property, and the Applicant has determined that the oversized septic systems existing at the hotel will be sufficient to handle the redevelopment’s reduced wastewater flow. The septic system servicing the commercial building will remain to serve the existing uses. The Applicant’s engineer has and continues to coordinate with the Yarmouth Health Department and the Massachusetts DEP concerning the redevelopment. The existing drainage will be retained at the Property. The grade at the front of the hotel will be raised to accommodate handicap accessibility and the new porte cochere entrance, and the drainage in this area will be revised to accommodate this change. No work is proposed in the rear of the Property which is in the buffer zone to off-site wetlands. The existing septic and stormwater systems are both actively maintained, and written maintenance plans will be provided. Traffic/Parking. The existing curb cuts from Route 28 onto 822 Route 28 and 834 Route 28 will remain the same, but the vehicular interconnection between the properties to be provided will improve 4 circulation. The Applicant will work with MA DOT as necessary on the redevelopment. Due to the private nature of Frank Baker Road, no connections are proposed directly onto Frank Baker Road. The elimination of the public restaurant and transient hotel use will reduce vehicle trips to and from the Property because the replacement use (senior housing and medical office use) is a less intensive use of the Property. A traffic analysis by BSC Group has been submitted. A turning template plan has been submitted demonstrating safe and adequate fire and truck access to and from the Property. Ambulances and other public safety vehicles will have sufficient access throughout the Property, and the Applicant will continue to work with the Fire Department to ensure the same. With the re-use of the existing hotel parking, the upgrade of the informal parking at the rear of the commercial building, and various landscape buffer enhancements, the existing parking will be reduced to 173 spaces. The Applicant has worked with the Building Commissioner to determine that this parking is sufficient for the proposed redevelopment as required in the Zoning By-Law. A detailed parking schedule is included on the site plan. The eight (8) parking spaces located in front of the existing hotel will be eliminated. Handicap parking will be provided as required in relation to the applicable building access points. Lighting/Signage. Exterior building lighting will be upgraded with dark-sky compliant, traditional New England period fixtures. New pole lights in the existing parking fields will also be dark- sky compliant, traditional New England period fixtures. There is one light pole on Route 28 in the State Highway Layout that provides light at the front of the Property. The existing freestanding sign at the 822 Route 28 property will be retained/replaced as needed in generally the same size and location and be repaneled with the new businesses. The existing freestanding sign at the 834 Route 28 property is proposed to remain in place. Landscaping. Existing, mature screening along the front, sides, and rear of the Property will be retained where possible, and an extensive new front landscape buffer is being provided in place of the existing parking in this area as shown on the Landscape Plan. The buffer to the residential properties on Frank Baker Road will be improved with a modified, four-foot fence along that property line as required in addition to the existing treescape. The tree canopy requirement throughout the properties is being met. New trees are being provided as shown on the Site Plan to meet the in-lot tree requirement in the parking areas. Since four (4) of these trees are located within the existing septic system area, the Applicant is requesting relief from the Board of Appeals to not install three (3) of these trees and to relocate one (1) of these trees to a location other than as required by the design standards. Given the perimeter buffer vegetation and fencing and the new expanded landscape area in the front of the property, these parking areas within the septic system area on either side of the building will be appropriately screened. In addition, the proposal otherwise meets the provisions of Section 414.8.9(4) governing landscaping around the perimeters and within parking areas. “The ends of parking aisles in surface lots that are more than fifteen (15) spaces in length shall incorporate landscape islands at either end of the row. Each island shall include at least one tree. Where the length of a parking aisle exceeds twenty-five (25) spaces, additional landscape islands shall be installed at regular intervals. This interval shall not be more than every thirteen (13) spaces.” The project engineer has designed the re-used parking lot to meet these standards. 5 Conclusion. The proposed, mixed-use redevelopment of the Property meets the purposes and intents of the Village Center Overlay District to preserve and revitalize the Town’s natural, cultural, and economic resources, while supporting sustainable development that enhances and improves the community’s character and sense of place. The redevelopment satisfies and is consistent with the provisions of Section 414 of the Zoning By-Law with the exception of those design provisions referenced herein. The redevelopment is unique in that it is re-using existing buildings and infrastructure to minimize destruction and disruption to the land and neighborhood. Absent the relief being requested, the Applicant will suffer substantial practical and financial hardship. There will be no nuisance, hazard or congestion created by the proposal as designed, in fact the redevelopment will be an improvement over existing conditions, will be more attractive, and there will be no substantial harm to the character of the neighborhood or Town. The proposal will provide needed services and residential opportunities in the Town.