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WKHQHLJKERUKRRGRUWRZQDQGKDYHFRQVLGHUHGWKHVSHFLDOFULWHULDRI6HFWLRQRXWOLQHG DERYH Make a motion to grant the Use Special Permit for Assisted Living Retirement Communities for the South Yarmouth Wise Living Retirement Community at 822 & 834 Route 28 and 30 Frank Baker Road subject to the following conditions: 1. Applicant shall adhere to the conditions outlined in the Planning Board’s VCOD 2020-1 Site Plan Review decision dated April 24, 2020. 2. Applicant shall adhere to the March 3, 2020 Site Plan Review Team Comments from the Engineering Department regarding Stormwater/Drainage, including submission to the satisfaction of the Engineering Department drainage calculations verifying the adequacy of the capacity of all existing stormwater infrastructure to meet the needs of the site, inspection logs from the Owner’s Engineer of existing drainage structures; documentation of cleaning of drainage structures if needed; and providing a construction period erosion and sedimentation control plan. $WWDFKPHQWV x3XEOLF+HDULQJ1RWLFH x9&2'6359RWH x6XPPDU\RI5HDVRQLQJIURPWKH/DZRIILFHRI6LQJHU 6LQJHU//& x$SSOLFDWLRQ0DWHULDOVDQG3ODQV  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 Planning Board Use Special Permit Application South Yarmouth Wise Living Retirement Community Summary of Reasoning Wise Living Development, LLC, Christopher D. Wise, Manager [“Applicant”] is proposing to redevelop the properties located at 822 Route 28, 834 Route 28, and 30 Frank Baker Road in South Yarmouth [collectively “Property”] into a mixed-use project consisting of senior housing, medical offices, and commercial and office use as follows: 1. A 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. A leased medical complex (maximum of two {2} doctors and related support staff) plus an exercise/rehabilitation facility and wading pool; and 3. Continuation of existing uses in an existing commercial building. The Property is currently developed as follows: 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 indoor and outdoor 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; and 2 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. The Property is located in the B2 and VCOD Overlay Zoning Districts, among others. 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 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. In accordance with Section 202.5 of the Yarmouth Zoning By-Law [“Zoning By-Law”], the proposed P5 residential use is allowed by Special Permit in both the B2 and VCOD2 Zoning Districts, and the O1 medical use is allowed by right in the B2 and VCOD2 Zoning Districts. In order to complete the redevelopment as reviewed and approved by the Planning Board VCOD Site Plan Review and as determined by the Yarmouth Building Commissioner as Zoning Enforcement Officer, the Applicant requests a Special Permit from the Planning Board as set forth in Sections 103.2 and 414.3.3 of the Zoning By-Law. The proposal is to rehabilitate and re-use the existing buildings, parking areas, septic systems, and drainage, including complete site and aesthetic upgrades to the buildings, all as shown on the submitted plans. The existing public restaurant at 822 Route 28 will be eliminated, and this building will be upgraded with a new porte cochere at the main entrance; several new, small roofs at other entrances; and the entire building facade will be upgraded to be more aesthetically 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 822 Route 28 building will be re-used in the same footprint. Roof-top solar panels will be provided along the east and west wings of the building away from Route 28. 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 at 30 Frank Baker Road will remain vacant. 3 In reviewing the Special Permit request, the Board considers the criteria set forth in Section 414.3.3. of the Zoning By-Law and must make findings that the proposed use will not cause, create or contribute to any undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or Town. The Applicant respectfully submits that the proposed redevelopment complies with the Special Permit criteria and will result in a significant benefit and improvement to the neighborhood and community because: 1. The proposal satisfies the provisions of Section 414.3.3 of the Zoning By-Law. The proposal is a Mixed Use redevelopment and will improve pedestrian and vehicular access between properties. By re-using existing drainage and wastewater facilities, the redevelopment will be less intrusive than a new development, which will help mitigate hydrologic impacts as well as support erosion and sediment control, soil protection, and stormwater management. Travel to and from the site will be improved with the proposed interconnection and sidewalk and will result in travel demand management improvements as a result of the Mixed Use. 2. The proposed redevelopment has been reviewed and positively received by the Yarmouth Design Review Committee and the Site Plan Review Committee and has also been reviewed and approved by the Planning Board VCOD Site Plan Review. 3. 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 handicap 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 maximum commercial tenant size requirements and 4 minimum residential component sizes are being met. 4. Existing parking in front of the 822 Route 28 building will be eliminated. The parking behind the commercial building at 834 Route 28 is being upgraded by extending 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 of the asphalt, and one tree is being added at the back of the new parking. Pedestrian and vehicular interconnections will be provided between the two Route 28 properties. 5. The existing buildings will remain conforming with the dimensional requirements of the Zoning By-Law (setbacks and height). 6. Building coverage and site coverage on the Property will remain conforming. 7. The redevelopment will result in a reduction in the septic flow to be generated at the Property, and the existing, oversized septic system at the 822 Route 28 property will be sufficient to handle the redevelopment’s reduced wastewater flow. The septic system servicing the 834 Route 28 commercial building will remain to serve the existing uses. The existing septic and stormwater systems are both actively maintained, and written maintenance plans have been provided. 8. The existing drainage will be re-used. The grade at the front of 822 Route 28 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. 9. The existing curb cuts from Route 28 onto both 822 Route 28 and 834 Route 28 will remain the same, but the vehicular interconnection between the properties to be provided will improve 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. 5 10. 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. 11. 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 822 Route 28 building will be eliminated. Handicap parking will be provided as required in relation to the applicable building access points. 12. 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. 13. 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 if relief is granted by the Board of Appeals. 14. 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 6 residential properties on Frank Baker Road will be improved with a modified, four-foot tall fence along that property line as required in addition to the existing treescape. The tree canopy requirement throughout the properties is being met. 15. New trees are being provided as shown 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 replace three (3) of these trees with shrubs 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. 16. Relief from certain VCOD design requirements set forth in Section 414.8, as reviewed with the Design Review Committee, Site Plan Review Committee, and the Planning Board during VCOD Site Plan Review, are being sought from the Board of Appeals as detailed elsewhere. The proposed, mixed-use redevelopment 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. The proposal improves pedestrian and vehicular access with the interconnections. Existing buildings and developed parking areas will be re-used and upgraded. There will be no nuisance, hazard or congestion created, in fact the redevelopment will improve over the existing conditions (hotel and public restaurant), 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. For all of the above reasons, the Applicant respectfully requests that the Planning Board make findings that the proposal satisfies the criteria of Sections 103.2 and 414 of the Zoning By-Law and grant a Special Permit allowing the redevelopment to be completed as shown on the submitted plans.