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Home My WebLink AboutZBA Application as filed 6.30.20- #4849Appeal#: TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING Hearing Date: July 23, 2020 Owner -Applicant: Applicant: Wise Living Development LLC, Christopher D. Wise, Manager (Full Names- including d/b/a) do Law Office of Singer & Singer, LLC, P.O. Box 67, Dennisporl, MA 02639 508-398-2221 alsinger@singer-law.com (Address) (Telephone and is the (check one) Owner Tenant L"' Other Interested Party Property: This application relates to the property located at: 822 Route 28, and 834 Route 28, and 30 Frank Baker Road, South Yarmouth and shown on the Assessor's Map #: 33 and 41 as Parcell: 33!70.1 and 41112 and 41/11.1 Zoning District: 'see below If property is on an un -constructed (paper) sheet name of nearest cross street, or other identifying location: *Zoning Districts: B2, HMOD1, ROAD, VOCD, VC2 Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10' by 15' deck to the fiont of our house" or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: See attached Narrative. 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 834 Route 28 2) X SPECIAL PERMIT tinder § 414.6.4 of the Yarmouth Zoning By-law and, for Building a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use space below if needed) see attached Narrative 822 Route 28 3) X VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from Buildling which relief is requested, and, as to each section, specify the relief sought: Section: 414.8 Relief sought: Section: Relief sought: Section: _ Relief sought: see attached Narrative ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): MacLyn, LLC, and John J. Hynes, Jr., Trustee of 834 Main Street Realty Trust, and Baker Frank LLC c/o Law Office of Singer & Singer, LLC P.O. Box 67, Dennisport, MA 02639 Name & Address Book 28032, Page 179 Book 25968, Page 22 Title deed reference: Book & Page# Book 32123, Page 16 or Certificate # Land Court Lot # Plan # (provide copy of recent deed) hotel, restaurant, beauty shop, Use Classification: Existing: retail, office -§202.5# A7, H10, J3, H11, 114 Proposed: ALRC, doctors office, beauty shop §202.5 # P5, Ot, J3, H11, 114 retail, office Is the property vacant: No If so, how long?: 265,292 +/- sq.ft. Let 1 on 653/1 and Lot 1 on 41/125 and Lot 2 on 653/1 Lot Information Size/Area: (6.o9 +/- acres) Plan Book and Page / Lot# Is this property within the Aquifer Protection Overlay District? Yes No Have you completed a formal commercial site plan review (if needed)? Yes X No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: Planning Board VCOD Site Plan review has been completed. Planning Board Use Special Permit has been completed. Repetitive Petition: Is this a re-application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available . information. Include a copy of the decision(s) with this application: 822 Route 28: Petition #1491, #1507, #1914, #1934, #2525 and #4846 834 Route 28: Petition #2890 and Petition #3039, and #4846 Building Commissioner Comments: Muse U% Dtlopment LLQ Ctdsloher D. Hose, hlanaaer By: Zt, _- Andr wl 'nger, Ally Applicant' /Attorney Agent Signature Law Office of Singer & Singer, LLC P.O. Box 67, Dennisport, MA 02639 Phone 508-398-2221 E -Mail: alsinger@singer-law.com Mac yn LLC, and Jots J. Hynes, Jr., Tmstee of 934 Maln Street Realty Tmst arb6ak FrarJC LtC i, By: 6 1 n ew .Singer, Atty O vner's Signattl Building Commissioner Signature Date Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer Of Counsel Yarmouth Board of Appeals Special Permit and Variance Application South Yarmouth Wise Living Retirement Community Narrative Introduction Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-laNv.com 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: 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. Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Demrisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer Of Counsel Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com Yarmouth Board of Appeals 822 and 834 Route 28 and 30 Frank Baker Road, South Yarmouth PROJECT BENEFITS • By not enclosing the outside balconies and patios on the east and west sides of the middle and rear portions of the 822 Route 28 Building and leaving them with railings as shown, the following benefits result: • The residents' apartment will receive more sun light and will not be dark; • The residents will have safe, private, and personal spaces to sit outside throughout the year as weather conditions allow; • If enclosed, these small areas will become predominantly dead storage spaces without cooling in the summer or heating in the winter (even with sliders); • The expense to condition the small, enclosed spaces and to add exterior walls, sliders, and additional structural construction will cost in the high six figures without substantively improving the appearance of the building; and • These two sides of the building are in the middle and rear of the Property and are not readily visible from Route 28; The proposal represents a reduction in requested zoning relief from the original proposal because conforming building modulation has been added to the front right of the 822 Route 28 Building facing Route 28 as well as to the east and west side fronts of the building. The only variance relief now required is to allow the balconies and patios to remain as shown.