HomeMy WebLinkAbout115 Decision 052720 TCTOWN OF YARMOUTH
PLANNING BOARD
DECISION
FILED WITH TOWN CLERK: May 27, 2020
PETITION NO: #115
HEARING DATE: May 20, 2020 YA `0 l H TOWN CLERV,
PETITIONER: Wise Living Development LLC
OWNERS: Maclyn LLC, 834 Main Street Realty Trust, and
Baker Frank LLC
PROPERTY: 822 Route 28, 834 Route 28 and 30 Frank Baker Road,
South Yarmouth, MA
Map 33/Parcel 70.1
Map 41/Parcel 12
Map 41/Parcel 11.1
Zoning District: B2, HMOD1, ROAD, and VCOD VC2
Title References with the Barnstable County Registry of Deeds:
Book 28032, Page 179 Lot 1 on Plan in Book 653, Page 1
Book 25968, Page 22 Lot 1 on Plan in Book 41, Page 125
Book 32123, Page 16 Lot 2 on Plan in Book 653, Page 1
MEMBERS PRESENT AND VOTING: Chair Thomas Roche, Joanne Crowley, Chris Vincent,
Tom Baron, Elizabeth Hartsgrove, and Lee Rowley.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register, the hearing opened and held on the date as stated above.
The Petitioner is Wise Living Development LLC. The Property, located in the 132, HMOD1, ROAD, and
VCOD VC2 Zoning Districts, is currently the site of the Irish Village Hotel and restaurant complex, a
commercial building containing three rental spaces, and a vacant parcel of land.
The Petitioner seeks permission to redevelop the Property into a mixed-use project consisting of senior
housing, medical offices, and commercial and office use as follows:
A Wise Living Retirement Community for senior housing with 120 units (104 studios and 16
one -bedroom units), common resident dining facility, and outdoor swimming pool;
2. A leased medical complex (maximum of two (21 doctors and related support staff) plus an
exercise/rehabilitation facility and wading pool; and
3. Continuation of existing uses in the existing commercial building,
all as shown on the following submitted plans and supporting information:
1. Planning Board Special Permit Application and Project Narrative
2. ITE Trip Generation Review
3. Maintenance Protocol (Septic, Grease Trap, Sprinkler System, and Elevators)
4. Long Term Pollution & Operation and Maintenance Plan
5. Photos of existing free-standing signs
6. Aerial Locus
7. Colored Rendering of Proposed Building Elevations by ERT Architects
8. Site Plans: All Site Plans prepared by BSC Group for Wise Living Retirement Community, dated
February 20, 2020 and last revised April 16, 2020.
• S-1 — Existing Conditions Plan
• S-211 — Site Plan
• S-3 — Utility Plan
• S-4 — Site Details
• S-5 — Site Details
9. Landscape Improvements Plan for Irish Village, 822 Route 28, prepared by Philip L. Cheney, and
dated 4/21/20.
10. Architectural Plans: All Architectural plans prepared by ERT Architects for South Yarmouth Wise
Living Retirement Community for 822 Route 28, and dated March 16, 2020.
• C.0 - Title Sheet with List of Drawings
• EX.1 —Existing First Floor Plan
• A.0 — Basement Plan
• A.1 — First Floor Plan
• A.1.1 — First Floor Plan — Partial
• A.1.2 — First Floor Plan — Partial
• A.2 — Second Floor Plan
• A.2.1 — Second Floor Plan — Partial
• A.2.2 — Second Floor Plan — Partial
• A.3 — Roof Plan
• AA —Elevations — South, East & West
• A.4.1 — Architectural Details
• A.4.2 — Blow Up of Typical Gable Build Out
• A.5 —South Elevation
• A.6 — Partial East & West Elevations
• A.7 — Partial East & West Elevations
• A.8 — Partial Second Floor Plan and Typical Building Section
• B.1 — Elevations — 834 Route 28
The Petitioner was represented by Attorney Andrew Singer, and Kieran Healy, Land Surveyor with the
BSC Group.
The proposal has been reviewed by the Yarmouth Design Review Committee, Yarmouth Site Plan
Review Team, and Yarmouth Planning Board for VCOD Site Plan Review. The Yarmouth Town Planner
submitted a Staff Report Memorandum dated May 14, 2020. Public comment were received from
Abbigail Santos, a resident of Frank Baker Road, at the May 20, 2020 public hearing.
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The Petitioner is seeking a Special Permit from the Planning Board as set forth in Sections 103.2 and
414.3.3 of the Yarmouth Zoning By -Law for the proposed P5 residential use as outlined in Section
202.5.P5 - Note 35, for Assisted Living Retirement Communities within the VCOD VC2. The 01
medical use is allowed by right.
The Petitioner submitted the following testimony in support of the petition:
1. The proposal to rehabilitate and re -use the existing buildings and site infrastructure 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 to and from the site as well as
between the combined properties;
2. Improvements to the existing building at 822 Route 28 include 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 at 834 Route 28 will have a revised roof line with dormers and bump outs
on the west side to break up the existing massing and no changes on the east side. Relief is being
sought from the Board of Appeals for certain design standards that are not being proposed to the
two existing buildings. The land at 30 Frank Baker Road will remain vacant;
The proposal includes 120 residential units, which density is allowed per the size of the combined
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;
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 area. 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 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;
3 VARHOU k 1 3� WIN CLERK
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 Petitioner 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;
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 regarding safe and adequate fire truck access to and from the
Property, and the Petitioner will continue to work with the Fire Department in this regard as
conditioned in the VCOD Site Plan Review Decision;
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 Petitioner 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 lot 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 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. The Petitioner stated that it would look into using environmentally -
friendly fertilization for the landscaping as feasible;
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 Petitioner 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. Utilities already serve the site and will be upgraded and continue to be so used;
17. There will be no negative change in artificial light, noise, litter, and odor;
18. At its May 6, 2020, meeting, the Planning Board voted in support of the proposed relief being
requested from the Board of Appeals by the Petitioner related to certain Design Standards
provided in Section 414.8 of the Zoning By -Law as outlined above; and
19. The proposed, mixed-use redevelopment meets the purpose and intent 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, and the proposal will provide a much-needed housing opportunity in the Town
and will be an asset to the character of the neighborhood and Town.
The Board members asked questions and had discussion concerning the water easement in the rear of the
Property and water mains at the front and rear of the Property, fertilization use to better protect the salt
pond in the rear of the Property and the aquifer, drainage, and confirmation that the proposal is for a
rental, not ownership, community. A member of the public, Abbigail Santos, expressed concerns about
retaining access to the pathway to the conservation areas at the end of Frank Baker Road and whether
fencing would be extended to restrict access to 30 Frank Baker Road. Kieran Healy of BSC Group
assured her that the access to both areas would not be impacted or restricted by this project.
Based on the above and additional testimony and discussion received at the public hearing, the Board
made the following findings:
1. The proposal as submitted and conditioned by the VCOD Site Plan Review Decision meets the
goals and objectives of Zoning By -Law by allowing the property to be revitalized and
rehabilitated with a mixed -used redevelopment to provide needed housing and to improve the
overall aesthetics;
2. The applicable criteria set forth in Section 414.3.3 of the Zoning By -Law are met;
3. No undue nuisance, hazard or congestion will be created, and there will be no substantial harm to
the established of future character of the neighborhood or Town. To the contrary, the proposal
represents a significant benefit and improvement to the Property, neighborhood, and community;
and
4. The proposal will not be substantially more detrimental or more nonconforming to the
neighborhood, Zoning District or Town than the existing conditions and strict enforcement of the
current Zoning By -Law will result in undue hardship to the Property and the owner.
Thereafter, on a motion by Tom Baron, and seconded by Lee Rowley, the Planning Board voted (6-0) to
grant the P5 Use Special Permit for Assisted Living Retirement Communities for the South Yarmouth
Wise Living Retirement Community at 822 and 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; and
2. Applicant shall adhere to the March 3, 2020, Site Plan Review Team Comments from the
Engineering Department regarding Stormwater/Drainage, including the submission to the
satisfaction of the Engineering Department of 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.
VARMO 4 TAWN C `IERK
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Planning Board.
Appeals from this decision shall be made pursuant to MGL Chapter 40A Section 17 and must be
filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise
provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24
months. (See bylaw, MGL c40A §9)
Thomas Roche, Chair
Yarmouth Planning Board
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OUTH TOW N CLERK