HomeMy WebLinkAboutBOA SP and VAR Application Narrative-#4849
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
Special Permit and Variance Application
South Yarmouth Wise Living Retirement Community
Narrative
Introduction
The Applicant has received approval from the Yarmouth Planning Board 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 Applicant
previously obtained relief from the Board of Appeals for certain site redevelopment constraints (in-lot trees,
signs, and sidewalk waiver). In order to complete the redevelopment in an economically feasible manner, the
Applicant is requesting the following design relief from the Board (reduced substantially from that previously
requested – see below) in connection with the 822 Route 28 and 834 Route 28 buildings, respectively:
1. 834 Route 28 building: Special permit relief in accordance with Section 414.6.4 of the
Yarmouth Zoning By-Law and M.G.L. Chapter 40A, Sections 6 and 9, in order to construct a
bump-out addition to the east side of the existing building with a reduced side yard setback;
and
2. 822 Route 28 building: Variance relief in accordance with Section 102.2.2 of the Yarmouth
Zoning By-Law and M.G.L. Chapter 40A, Section 10, from Section 414.8 (VCOD Design
Standards), including 414.8.3, 414.8.5, and 414.8.6, in connection with the balconies and
patios of the residential, senior housing units on the east and west sides of the building.
In its prior filing, the Applicant had requested variance relief for seven, total design aspects of the two
buildings to be re-used. In response to Board member concerns, the Applicant withdrew those aspects of the
application and has since revised the plans to eliminate four aspects of the previously-requested relief and has
converted one request to a special permit, as follows: 1) in connection with the 822 Route 28 building, an
additional bump-out was added on the south side facing Route 28 and two additional enclosures were added on
the east and west sides, respectively, enclosing entrances, all in compliance the building modulation
requirements of the Zoning By-Law; and 2) in connection with the 834 Route 28 building, a new, enclosed
entrance has been added on the west side of the building in compliance with the building modulation
requirements of the Zoning By-Law, and the requested, new bump-out on the east side of the building can be
allowed by special permit. A Project Benefits List in connection with the relief request for the 822 Route 28
building is also enclosed.