HomeMy WebLinkAbout4850 Great Island Plaza Zoning Analysis Narrative with Exhibits
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Great Island Plaza Site Plan Review
590-600 & 602 Route 28 and 12 Winslow Gray Road
Zoning Analysis Narrative
The following narrative is submitted in support of Great Island Plaza, LLC’s zoning
application, in which it seeks special permit relief in connection with the proposed
redevelopment of the commercial plaza located at 590, 600, & 602 Route 28 and 12 Winslow
Gray Road, West Yarmouth, Massachusetts (the “Property”). In particular, Great Island Plaza
seeks to renovate and reconstruct the existing commercial building at 590-600 Route 28,
demolish the existing dilapidated multi-family residence at 12 Winslow Gray Road, reconfigure
and improve the access both to and within the site (including the elimination of an existing curb
cut), relocate and increase the number of parking spaces, and make significant improvements to
wastewater treatment, stormwater management, utilities, and landscaping (the “Project”). The
Project is proposed to be completed in two phases (“Phase 1” and “Phase 2”), which are
described in greater detail below.
Significantly, the work contemplated by the Project complies with all dimensional
requirements set forth in the Yarmouth Zoning Bylaw (“Bylaw”), including lot area and frontage
requirements, building coverage and impervious coverage requirements, height requirements,
and setbacks.1 Additionally, the Project, once completed, will fully comply with the parking
demand for the proposed uses.
Due to the siting of the existing buildings on site and the significant safety improvements,
the Project requires relief pursuant to Section 301.2 of the Bylaw from certain Design Criteria
requirements set forth in Section 301.4. In particular, Great Island Plaza requests the following
special permit relief pursuant to Section 301.2 of the Bylaw: (1) relief from Section 301.4.1 to
authorize limited parking spaces in the front yard; (2) relief from Sections 301.4.4 and 301.4.9 to
authorize a partial reduction in the required width of the proposed landscape buffers; (3)
temporary relief from Section 301.4.6 to authorize Phase 1 of the Project, which does not include
any in-lot trees, as defined in Section 301.4.6; and (4) such other relief as the Board deems
necessary for the Project.
The Design Review Committee reviewed this Project on Tuesday, April 28, 2020. The
Project went through Site Plan Review on Tuesday, June 30, 2020. The accompanying plans
reflect the comments and suggestions from both the Design Review Committee and the Site Plan
Review Team.
For the reasons set forth herein, Great Island Plaza, LLC respectfully requests the Board
grant Special Permit relief pursuant to Section 301.2 of the Bylaw, authorizing the proposed
Project.
1 The Post Office structure located at 602 Route 28 is a pre-existing nonconforming structure as to the side
yard setback (5 feet whereas 25 feet is required). However, the Project does not propose any alterations or changes
to the Post Office Building.
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I. The Property
The Property is shown as Lots 1, 2 3, and 4 on a plan of land recorded at the Barnstable
County Registry of Deeds (the “Registry”) in Plan Book 118, Page 57, which is attached hereto
as Exhibit A. It is also shown on the Yarmouth Assessors Map 32, Parcels 64 and 65. The
Property is owned by Great Island Plaza, LLC (“Great Island”) pursuant to a deed recorded at the
Registry in Book 32211, Page 294. A copy of the deed is attached hereto as Exhibit B. Ms.
Chaya Rosenberg is the Manager of Great Island Plaza. The Property has been owned by
Chaya’s family since 1984. In connection with this Project, the four lots will be merged into a
single lot that satisfies current lot area and frontage requirements. A perimeter plan showing the
merged lot will be recorded in the Barnstable County Registry of Deeds.
The Property contains approximately 89,028 square feet and is surrounded by
commercially-zoned property to the north (which property is also owned by Great Island),
residentially and commercially-zoned property to the east, Route 28 to the south, and Winslow
Gray Road to the west, thus making it a corner lot. The Property is located in the B2 Zoning
District,2 and has been used as a commercial plaza since the 1930s. A postcard photograph of the
Property from approximately the 1960s is attached as Exhibit C.
The Property fully conforms to the lot area requirements set forth in the Bylaw for the B2
Zoning District, as it contains 89,028 square feet, well over the 20,000 s.f. requirement.3
Similarly, the Property has frontage on both Route 28 and Winslow Gray Road totaling 659.02
feet, which far exceeds the required 125 feet.4
As shown on the Existing Site Plan filed herewith, the Property is currently improved
with several structures, including a multi-unit commercial building addressed as 590-600 Route
28 (the “Main Building”), the Post Office building addressed as 602 Route 28 (the “Post Office
Building”); and a multi-family residential building addressed as 12 Winslow Gray Road
(“Residential Structure”). The Main Building is in poor condition and in need of extensive
renovations, and the Residential Structure is dilapidated and currently uninhabitable. There is
also virtually no landscaping currently on site.
The Property is accessible from both Route 28 and Winslow Gray Road. Currently, there
is one curb cut along Route 28, and four curb cuts along Winslow Gray Road. If it were fully
occupied, the Property would be under parked, with only 35 parking spaces, whereas 54 are
required. Nearly all of the existing parking spaces are located in front of the Main Building.
Wastewater generated on the site is currently treated through a series of septic tanks and three
leaching pits, some of which do not meet current Title V standards. Additionally, there are
currently no stormwater drainage features on site. Rather, stormwater runoff flows off-site either
onto Route 28 or onto Winslow Gray Road, uncontrolled and without treatment.
2 The Property is also located in the Hotel/Motel Overlay District 1, the Village Centers Overlay District 1,
and the Revitalization Overlay District, but is being redeveloped under the B2 Zoning District.
3 See Ex. A; Bylaw, § 203.5.
4 See Bylaw, § 203.5.
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II. The Project
The Project aims to transform the existing plaza into a premier destination for Yarmouth
residents and visitors by completely renovating and reconstructing the Main Building,
demolishing the Residential Structure, and significantly improving the existing infrastructure,
including reconfigured and improved access to and within the site; increased and reconfigured
parking areas; a new Title V compliant septic system; and improvements to drainage facilities,
utilities, and landscaping. No work is proposed to the Post Office Building itself, although the
surrounding parking area will be reconfigured and landscaped.
The Project includes a slight reduction in the overall building coverage, from 13.8% to
12.0%, well under the maximum allowable building coverage of 25% as provided in Section
203.5 of the Bylaw. Similarly, the proposed impervious coverage – which will include
additional parking spaces and handicap accessible sidewalks and ramps – is 59.6%, under the
70% limit provided for in the Bylaw. The renovated and reconstructed buildings will remain no
more than 25 feet tall (2 stories), well under the maximum allowable height of 35 feet (3 stories)
set forth in Section 203.4.2.
Importantly, the Project will eliminate the curb cut on Winslow Gray Road closest to
Route 28, thereby preventing vehicles from traveling at excessive speeds through the parking lot.
The Project will also eliminate most of the parking currently located in front of the Main
Building and Post Office by relocating all but eleven (11) of the existing front yard parking
spaces to the side or rear of these structures, with a pedestrian corridor leading from the main
parking area in the rear to access the entrances in the front of the Main Building. The Project
will also fully comply with the parking demand for the proposed uses, as set forth in Section
301.5 of the Bylaw by proposing 55 parking spaces, whereas only 54 spaces are required. In
connection with the parking reconfiguration and the elimination of the curb cut, significant
landscaping is proposed in buffer areas along Route 28, Winslow Gray Road, the northerly
property boundary, and within the interior of the lot. Where feasible, existing trees along the
easterly property boundary, which currently serve as a buffer, will remain, to be supplemented
with additional, new landscaping. A large center island within the parking area will provide a
park-like setting, with canopy trees, a seating area, and pedestrian walkways.
All existing septic facilities will be replaced with a new Title V compliant pressure-dosed
septic system. In contrast to the existing site, which lacks any drainage facilities, the Project will
include four (4) subsurface infiltration systems, a bioretention area (raingarden), two drywells,
and water quality structures. The Project will result in a reduction of the peak rate and volume of
stormwater runoff and will provide treatment for runoff from all of the impervious areas on-site.
The Project also proposes several improvements to utilities, including a relocated gas service and
new underground electric service. Within the Main Building, a new, code-compliant sprinkler
system will be installed.
Great Island has engaged Robert Ciavarra, who has decades of experience in local real
estate and property management, to professionally manage the Property.
III. Proposed Project Phases
Due to financing constraints and the current economic uncertainties resulting from the
COVID-19 pandemic, Great Island Plaza seeks to redevelop the Property in two phases, referred
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to as Phase 1 and Phase 2. As is evident from the plans, a significant portion of the proposed
work relates to infrastructure and associated landscaping. While this work is unquestionably an
important aspect of the Project, Great Island Plaza seeks to avoid over-spending on infrastructure
without ensuring the Project is economically feasible. As such, Great Island Plaza seeks
approval to construct the Project in two phases, as outlined below.
Phase 1 includes the following improvements:
Complete renovation of the Main Building, including proposed additions to Units 2, 3, 5,
and 6 as shown on the Site Plan; the addition of a one-bedroom apartment (Unit 8) above
Units 2 and 3, and the demolition/reconstruction of the easterly portion of the Main
Building (Unit 7), including the pedestrian corridor;
Installation of the septic system and utilities upgrade;
Elimination of the curb cut on Winslow Gray Road closest to Route 28, along with a
reconfigured access drive;
Landscaped buffer areas along Winslow Gray Road and the easterly portion of Route 28;
Stormwater run-off improvements, including construction of proposed Infiltration
Systems 3 & 4, located in front of the Main Building, and the addition of roof drains,
which will connect downspouts from the majority of the building roof area and convey
runoff to the Infiltration Systems;
The elimination of several parking spaces along the front and side of the Main Building
and Post Office; the addition of four (4) paved parking spaces along the easterly side of
the Main Building; and the addition of a (temporary) gravel parking and access drive
located behind the Main Building, which includes twenty-three (23) parking spaces.
Thus, Phase 1 will include a total of 44 parking spaces, including 21 spaces located in
the front yard; and
Slight reconfiguration of the existing parking in front of the Post Office building and
associated landscaping.
All remaining work would be performed in Phase 2, and includes:
Elimination of the temporary gravel driveway and parking area located in the rear of the
Main Building;
Complete reconfiguration of the parking area as shown on the Phase 2 Site Plan,
including a further reduction in the number of parking spaces in front of the buildings,
from twenty-one (21) to eleven (11) and improvements to internal circulation;
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A total of 55 parking spaces,5 including 4 handicapped accessible spaces, which results in
full compliance with the parking demand for the site, as set forth in Section 310.5 (54
parking spaces are required; 55 are proposed)
Additional vehicular access from Winslow Gray Road along the northerly property
boundary;
The construction of Infiltration Systems 1 & 2, located in the northerly portion of the
Property, the addition of two drywells near the Post Office Building, and a bioretention
area located in the northeast corner of the Property, which, along with the stormwater
improvements detailed in Phase 1, will retain and treat all stormwater onsite;
Landscape buffers along the northerly and easterly property lines, as well as apportion of
the buffer along Route 28;
The addition of the large center island, with canopy trees, pedestrian walkways, and a
seating area; and
ADA sidewalks and ramps throughout the site, connecting the parking areas to the
buildings and to Route 28 and Winslow Gray Road.
In an attempt to strike an appropriate balance between the necessary parking and
landscaping improvements and the need to ensure the economic viability of this Project, Great
Island Plaza would propose that Phase 2 of the Project be triggered once occupancy exceeds the
number of parking spaces provided in Phase 1. As shown on the plans, there are a total of nine
units: eight units in the Main Building plus the Post Office Building. Phase 1 proposes a total of
44 parking spaces. Thus, once occupancy levels are reached that require more than 44 parking
spaces, Great Island Plaza would need to construct Phase 2 prior to the issuance of any further
Certificates of Occupancy from the Building Commissioner. Great Island Plaza is also agreeable
to appear informally before the Board on an annual basis to report the status of the Project,
current occupancy levels, and the anticipated commencement of Phase 2.
IV. Zoning Relief Required for the Proposed Project
The Project requires relief pursuant to Section 301.2, which provides, in pertinent part:
[B]uildings, structures, and land uses lawfully in existence on the effective date of
these provisions are not subject to these off-street parking requirements and may
be continued, but not enlarged, altered, or changed in use, so as to increase
parking demand …without either complying with these requirements or securing
from the Board of Appeals a Special Permit for such expansion, alteration, or
change in use, pursuant to the applicable provisions of section 104.3.2. In
considering and granting such permits, it is the intention of this section that the
Special Permit shall be conditional upon requiring maximum feasible compliance
with the current requirements of this section.
5 In accordance with Special Permit No. 4827, Great Island Plaza is required to provide four off-street
parking spaces for the property at 606-610 Route 28. These four spaces are shown both in Phase 1 and Phase 2 of
the Project, and are not counted in the parking calculations for the Project.
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Therefore, in accordance with Section 301.2, Great Island is requesting relief from the following
provisions of Section 301.4, Design Criteria:
Section 301.4.1: requires that parking areas be located at the side and/or rear of a
principal structure, unless the already developed site work makes such placement
impossible, and further requires that parking on the side of structures be located behind
the minimum front yard setback, which here, is 25 feet.
Section 301.4.4: Parking areas for five or more cars shall be separated from any street
line, or any residentially zoned property line, by no less than a 20-foot buffer and from
any other property line by a 10-foot wide buffer, with 3” caliper trees to be planted at
intervals of at most 20 feet.
Section 301.4.6: Parking areas for 20 or more cars must contain at least one tree of three-
inch caliper per every eight cars, to be located within the parking area in soil plots not
less than five feet wide and allowing not less than 40 square feet of unpaved soil per tree.
Section 301.4.9: All lots in the B2 District which contain a business use shall include a
20-foot wide buffer along the boundaries of the lot adjacent to a way, and a 10-foot wide
buffer along all other boundaries. Plantings in buffer areas located in front of buildings
along a way shall include 2.5” caliper trees every 35 feet and a mixture of shrubs and
flower plants.
V. Special Permit Relief is Warranted in These Circumstances
Because the majority of Units at the Property are not currently occupied, the Project will
increase parking demand from the current occupancy levels, and as such, requires special permit
relief under Section 301.2. Although the Project will fully comply with the parking demand
requirements set forth in Section 301.5, it will not fully comply with the design criteria set forth
in Section 301.4. In granting special permit relief from these design criteria, the Board must find
that the Project achieves “maximum feasible compliance with the current requirements of this
section.” See Bylaw, § 301.2. For the reasons set forth below, the Project satisfies this criteria,
and special permit relief is warranted.
Phase 1 and Phase 2 both require special permit relief from Section 301.4.1 (requiring all
parking to be located in the side/rear yard), 301.4.4 (requiring a 20-foot buffer between parking
area and street line), and 301.4.9 (requiring a 20-foot buffer along ways and a 10-foot buffer
along all other property lines). In addition, Phase 1 requires temporary special permit relief from
Section 301.4.6 (requiring in-lot trees within parking areas).
1. Section 301.4.1, Location of Parking Spaces (Phase 1 and Phase 2)
As shown on the Existing Conditions Plan, there are approximately 35 parking spaces on
the Property, and all but two are within the front yards of this parcel.
Phase 1
Phase 1 proposes to eliminate all parking spaces currently located to the west of the Main
Building (which are within the front yard); reduce the number of parking spaces in front of the
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Post Office Building from five to four, and reduce the number of parking spaces in front of the
Main Building by approximately four. In total, Phase 1 contemplates 21 parking spaces within
the front yard of the Property, thus requiring special permit relief. Notably, Phase 2 of the
Project will further reduce the number of parking spaces within the front yard of the Property,
and as such, the relief requested in connection with Phase 1 is only temporary. Moreover,
requiring further reduction in the number of parking spaces within the front yard during Phase 1
will defeat the purpose of constructing the Project in phases, namely, to ensure economic
feasibility while still investing in significant – and immediate – site improvements. As such, the
requested temporary special permit relief from this section is warranted in these circumstances.
Phase 2
Phase 2 proposes to eliminate even more parking spaces within the front yard, from 21
spaces in Phase 1 to a total of 11 spaces in Phase 2. Of these 11 spaces, four are proposed in
front of the Post Office Building and seven are proposed in front of the Main Building. Due to
the existing location of the buildings on the site, it was important to ensure that fire trucks and
other emergency vehicles had adequate access to all Units. As a result of these safety
improvements, some parking spaces in the front yard are necessary to satisfy the parking demand
for the proposed uses. Here, that parking comprises only 20% of the total parking spaces (as
compared to nearly 100% under existing conditions), and seven of the proposed 11 spaces are
parallel parking spaces in front of the Main Building. Note that the seven proposed parallel
parking spaces are also conducive to our new COVID-19 normal, in which customers are
ordering take-out food and doing curb-side pick-up of retail goods. For these reasons, special
permit relief from Section 301.4.1 to allow a total of 11 parking spaces within the front yard is
warranted.
2. Section 301.4.4 and Section 301.4.9, Width of Buffer Areas (Phase 1 and Phase 2)
Currently, there is no buffer whatsoever along Route 28, and there are only weeds and
sparse vegetation along Winslow Gray Road and the northerly property boundary. The easterly
boundary has a thick vegetative buffer extending from the northeast corner of the lot down to the
Post Office Building, which is located a mere five feet from the easterly property boundary. Due
to the existing location of the Main Building and Post Office Building, to improve access to the
Main Building and within the site by fire and other emergency vehicles, and to improve
pedestrian safety and function within the site. As a result of these improvements and
accommodations, however, relief is required from the landscape buffer area requirements set
forth in Section 301.4.4 and Section 301.4.9, as described below.
Phase 1
Phase 1 of the Project proposes a new landscaped buffer along Winslow Gray Road and
along Route 28 in front of the Post Office Building, with a comprehensive landscape scheme
proposed within these buffers. The proposed buffer along Route 28 in front of the Post Office
ranges from 3.7 feet to 5.2 feet, which is the result of the pre-existing nonconforming parking
area adjacent to the Post Office Building, and the need to allow traffic to flow to the Property
from the adjacent parcel at 606-610 Route 28 (also owned by Great Island). Along Winslow
Gray Road, the proposed buffer mostly satisfies the 20-foot width requirement. There is,
however, a small area of the buffer located just south of the curb cut, at which the buffer reduces
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to 8.5 feet as a result of the location of the proposed access drive and the Main Building.
Notably, the buffer areas in these locations comply with the other requirements set forth in
Sections 301.4.4 and 301.4.9, including the planting of trees at the required intervals. Thus, due
to site constraints and the need to improve vehicular access within the site, the requested special
permit relief is warranted.
Phase 2
The remaining landscaping will be completed in Phase 2 of the Project. This includes the
northerly and easterly buffer areas, as well as the remainder of the buffer along Route 28, in front
of the Main Building. To the north, the Property abuts a commercially-zoned property, and thus
only requires a 10-foot buffer. On the east, the Property abuts both a residentially-zoned
property (thereby requiring a 20-foot buffer in this area), and a commercially-zoned property
(thereby requiring a 10-foot buffer in this area).
The northerly buffer area is 10.3 feet wide and thus fully complies with the design criteria
set forth in Sections 301.4.4 and 301.4.9. The easterly buffer area is also at least 20 feet wide
and fully satisfies the criteria set forth in Sections 301.4.4 and 301.4.9, until it meets the
commercially-zoned abutter. At that point, the location of the existing Post Office Building and
adjacent parking makes it impossible to maintain a 10-foot wide buffer in that southeastern
portion of the Property.
The southerly buffer along Route 28 in front of the Main Building is narrower than the
required 20 feet due to the location of the existing Main Building and the improvements to safety
and access within the site. As a result, the landscaped buffer along Route 28 in front of the Main
Building is proposed to be 10 feet in width, until the southeast corner of the Property, where the
buffer increases to a maximum width of 33.8 feet. Notably, the buffer in this location complies
with the other requirements set forth in Sections 301.4.4 and 301.4.9, including the planting of
three-inch caliper trees at intervals of at least 20 feet. Thus, do to site constraints and the need to
improve vehicular access and safety within the site, special permit relief from Sections 301.4.4
and 301.4.9 is warranted.
3. Section 301.4.6, In-Lot Trees (Phase 1 Only – Temporary Relief)
Phase 1 includes a temporary gravel parking area in the rear of the Main Building, which
includes 23 parking spaces. Thus, it is subject to Section 301.4.6. However, requiring in-lot
trees during Phase 1 would result in the elimination of those trees upon the commencement of
Phase 2, since the gravel area will be removed and the entire parking area will be reconfigured
and paved, with in-lot trees, resulting in full compliance with Section 301.4.6 with Phase 2 of the
Project. As such, temporary special permit relief form Section 301.4.6 is warranted.
VI. Conclusion
For the above reasons, the Project achieves maximum feasible compliance with the
provisions of Section 301.4 of the Bylaw. Therefore, on behalf of Great Island Plaza, we
respectfully request that the Board of Appeals approve this application for special permit relief.
4868728.1
Exhibit A
Exhibit B
Exhibit C