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HomeMy WebLinkAbout4802-AppealTOWN OF YARMOUTH Board of 1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Appeals Telephone (508) 398-2231 ext. 285, Fax (508) 398-0836 September 26, 2019 Dear Petitioner: In accordance with Massachusetts General Laws, Chapter 40A, Section 11, enclosed is an original Certificate of Granting of a Special Permit and Variance of the Board's decision with the proper certification by the Town Cleric which is to be recorded by you at the Barnstable County Registry of Deeds and/or Land Registration Office. Please ask the clerk to make you a copy of the recorded decision as you must forward a copy of the recorded decision, to the Board of Appeals and the Building Department, to the above address. Sandi Clark Office Administrator Enclosures FILED WITH TOWN CLERK PETITION NO: HEARING DATE: PETITIONER: OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION September 5, 2019 44802 August 8, 2019 Colbea Enterprises, L.L.C. Station Avenue LLC PROPERTY: 487 Station Avenue, South Yarmouth, MA Map & Parcel: 97,3 (portion) Zoning District: B1 & APD & ROAD Deed Reference: Book 18308, Page 272 Lot 2 (portion) on Plan in Book 442, Page 48 MEMBERS PRESENT AND VOTING: Chairman, Steven DeYoung; Vice Chairman, Sean Igoe; Dick Martin; Tom Nickinello; and Richard Neitz. Also attending and speaking, but not voting, was alternate Tom Baron. 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 Colbea Enterprises, L.L.C. The Petition is a companion application with Appeal 94801, The Applicant is seeking to amend Decisions in Appeal Nos. 3453 and 3505 or in the alternative, new variance relief to divide off 7,305 +/- sq. ft. of land at the rear of the lot at 487 Station Avenue, South Yarmouth. The piece divided off will not be a separately buildable lot and will be combined with and used as set forth in Appeal #4801 ["Proposal"]. The Property is located in the 131 Commercial Zoning District, the Aquifer Protection Overlay District, and the ROAD Overlay District. Relief is requested per the submitted plans and materials as follows: to maintain the side setback with no change (Section 203.5) and to retain parking in front of the building with no change (Section 301.4.1). The Petitioner was represented by Attorney Andrew Singer; Andrew Delli Carpini, owner of Colbea Enterprises, L.L.C.; Robert McGann, Dennis Darveau, Larry Coburn, and Eric Simpson, of Colbea Enterprises, L.L.C.; Al Micale, Ayoub Engineering; Randy Hart, VHB Traffic Engineering; and Daniel Ojala and Danny Gonsalves, Down Cape Engineering. Also in attendance and speaking were Mark Grylls, Yarmouth Building Commissioner; Kathy Williams, Yarmouth Town Planner, and Steven Tupper and Colleen Medeiros, transportation staff from the Cape Cod Commission. The Yarmouth Site Plan Review Team submitted a Site Plan Review Comment Sheet dated February 5, 2019. The Yarmouth Design Review Committee submitted a Design Review Comment Sheet dated January 29, 2019. Robert Chamberlain spoke in favor of the Petition. Dr. Warren Woods, the abutter to the west, and James Veara, on behalf of Davenport Realty Trust, a nearby property owner across Workshop Road, spoke and submitted letters and emails in opposition to the Petition. The Board opened the hearing on the Proposal on May 9, 2019, which was continued for testimony on June 27, 2019, and August 8, 2019. The hearing was closed on August 8, 2019. The Applicant submitted the following materials in connection with the Petition: Application with attached Narrative Memorandum, prepared by Law Office of Singer & Singer, LLC; 2. Summary of Reasoning, prepared by Law Office of Singer & Singer, LLC; Site Improvement Plan, prepared by Ayoub Engineering, dated January 18, 2019, and revised February 22, 2019, Sheet C-1; 4. Aerial Photographs of property and the Station Avenue corridor; and By reference all of the materials submitted in connection with Appeal #4801. The Applicant submitted the following testimony and the Board of Appeals found the following in connection with the proposal: As a companion case with Appeal #4801, of which the materials submitted, testimony provided, and the Findings and Conditions of the Decision thereof are all incorporated herein by reference, the Applicant is proposing to divide the land at 487 Station Avenue in South Yarmouth in order to: 1) create a 7,305± sq. ft. parcel of undeveloped land that will be conveyed to the adjacent property (473 and 479 Station Avenue) and used in connection with the development proposed in the companion petition; and 2) maintain the existing site improvements and development (Today Real Estate) located on the remainder of the Property. The Property is owned by Station Avenue LLC, and is shown as Parcel 3 on Yarmouth Assessor's Map 97. The adjacent properties at 473 and 479 Station Avenue are shown as Parcels 1 and 2 on Assessor's Map 97. 2 The Property has previously been the subject of two decisions of the Board of Appeals — Appeal Nos. 3453 and 3505. These variance decisions authorized parking in front of the building and the continuation of slight setback encroachments of the basement access bulkhead and exterior stairway on the south side of the Property when the foundation of the existing building was poured. The proposal for the land division will not create any new nonconformities nor impact or intensify any of the existing nonconformities. The existing building and parking and ownership will remain the same. As discussed with the Building Commissioner as Zoning Enforcement Officer, the Applicant is requesting further variance relief as necessary to create the small parcel of undevelopable land to convey to the adjacent property and to maintain the current development of the Property as existing. The Board of Appeals is authorized to grant variances in accordance with Section 1022.2 of the Yarmouth Zoning By -Law ["Zoning By -Law"] and M.G.L. Chapter 40A, Section 10, upon finding that a literal enforcement of the Zoning By -Law would involve substantial financial or practical hardship to the Petitioner, that the hardship is owing to circumstances relating to the soil conditions, shape or topography of such Iand or structures and especially affecting such land or structures, but not affecting generally the zoning district, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. The Applicant respectfully submits that the requirements and criteria for a continued variance to maintain the existing parking in front of the building and the setback encroachments of the bulkhead and stairs are met in this instance with respect to this land and this building and that the desired relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law because: The building will continue to be conforming with the front, right -side. and rear setbacks and will be no closer to the southerly, left -side line than as previously approved by the Board of Appeals (slight setback encroachments of the basement access bulkhead and exterior stairway); 2. Building coverage on the remaining portion of the Property after the land division will continue to be conforming; The septic system servicing the building will continue to be conforming to the nitrogen requirements after the land division; 4. All stormwater runoff will continue to be contained and infiltrated on site, and there will be no negative impact to drainage, septic flow or stormwater; There will be no change to the existing parking in front of the building, and the number of parking spaces will remain conforming. As the Board found in Appeal No. 3453, "...the parking area as proposed [at that time] will not create the impression of over -building, will provide for parking in a safe and efficient manner, will not negatively impact on any abutters, and a portion of the property that had been devoted to motor vehicle parking use will be re -vegetated"; There will be no change in access to the Property-, which is not over the Property frontage on Station Avenue, but rather over a driveway by way of easement entering from the north over the neighboring property at 495 Station Avenue, and no further demand on or impact to the driveway; 7. The findings and hardships that the Board determined in Appeal Nos. 3453 and 3505 remain the same even with the carving off of the small piece of land as requested; In addition, granting this relief allowing the division and conveyance of the small piece of land as requested is integral to achieving the substantial environmental benefits of and mitigating the hardships associated and discussed in companion case Appeal #4801 and will aid in achieving the significant enhancements to environmental protection and reduction of environmental risk in connection with the proposal contained in that companion case; 9. The Property, though reduced in size, will remain in keeping with and will continue to complement the B I Commercial District along Station Avenue, and there will be no detrimental impact on neighboring properties; and 10. The request to divide the small piece of land was reviewed by both the Yarmouth Design Review Committee and the Site Plan Review Committee in connection with the companion case. The Design Review Committee voted 3-0 in favor finding that the overall request is appropriate and satisfies the reviewed design guidelines. During the public hearing, the Board requested additional information on the grant of variances and reviewed the cases submitted and discussed the same with the Applicant. The Applicant provided copies of the following MA Court Cases and analysis in connection with the Proposal: Nfarashlian v. Zoning Board of Appeals of Newhuryport, 660 N.E.2od 369, 374 {Mass.19961, Cavanaugh v. DiFlumera, 401 N.E.2d 867, 871 (Ma App. Ct., 1980}, Furlong v. Zoning Board nf'Appeals of Salem, 64 N.E. ". 268, 269 (Ma App. Ct., 2016), and Boyajian v. Board of Appeals of Wellesley, Page 1237. 1238 (Ma. App. Ct. 19781. The Board found credible the Applicant's testimony that these cases reflect positively on the Proposal in terms of (1) economic unfeasibility of use and re -use of the land absent the requested relief, (2) the need for a determination of substantial derogation and not just any derogation from the provisions of the Zoning By -Law in order to deny the requested relief; (3) the reduction in risk of existing harm and prevention of greater risk of future harm and (4) acknowledgment that some increase in traffic will not result in a significant increase in traffic to an already busy thoroughfare. The Board's review is not based on application of the criteria discretely to each aspect of the proposal, but rather collectively to all of the land and structures involved in the proposal. The proposal represents one, overall, holistic redevelopment in order to achieve the benefits required by Section 406.5.3. The location in the APD requires an entirely separate set of criteria to be met than the same proposed development would require if only in the B 1 Commercial Zone (in which the use is permitted by special permit). Protection of the special soils and aquifer status of the land are key. Section 102 2.2 of the Zoning By - Law authorizes dimensional and use variances "with respect to particular Iand or structures" and requires a hardship finding "owing to circumstances relating to the soil conditions. shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located." Literal enforcement of the provisions of the Town of Yarmouth's Zoning By -Laws would represent a substantial hardship to the Petitioner and Owners. The hardships faced in attempting to achieve all of the benefits are directly related to the soil conditions (water -sensitive natural formations), topography, shape of the land and historical development of the structures and sites involved (including those of the other gas station properties). The Property and the older gas stations to be closed/replaced are all located in the largest B 1 zoned area in the Town of Yarmouth and one of the few areas of B 1 zoned commercial land that is also located in the APD. Moreover, the Property is the only undeveloped parcel within this B 1/APD zone. As a result of its location in both the B 1 zone and the APD, the Property is unique. Specifically, the soil within the APD is unique, which mandates that a separate set of APD criteria be met. In order to meet the standard set forth in Section 406.5.3, the Applicant has proposed to shut down and deed restrict two old, non -confirming fuel station in order to protect the public drinking water. In order to 4 replace the two old fuel stations with a state of the art, safe and modern fuel station on the Property, the requested variances are required. The Applicant submitted, and the Board so found, that the land and structures involved are impacted by the unique shape of the land (the Property) as well as the soil conditions of the aquifer district in that the two existing gas stations are pre-existing nonconforming uses and the relocated site is the last vacant site in this B1 and APD area and that the pre-existing nonconforming structures and site developments, including underground storage tanks and multiple full in and out curb cuts on multiple roads, are unique improvements and circumstances in the APD such that it is economically and practically infeasible to achieve the improvement to the environment and the reduction in the threat of harm to the ground water absent the variance relief to construct the proposal as designed on the relocated site in the APD and this creates a substantial financial and practical hardship justifying the requested variance relief. It is important to note that two old, active and non -conforming fuel stations within the same B 1 zone and APD will be consolidated into this new proposed location such that it is economically and practically infeasible to build this fuel station absent the variance relief. Moreover, this proposed project has been designed to ensure optimal safety for the fuel station. As a result, absent the requested variance relief, the fuel station would not represent the optimal safety standards for a fuel station. Moreover, the Applicant has redesigned the proposal with the input of Town officials and agencies in order to optimize the safety of the Property. The Board found further that based on the established hardship and all of the materials submitted to the Board and for all of the reasons set forth in the discussion above as well as in companion case Appeal #4801, the requested variance relief as set forth below can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law, including without limitation. the overarching reduction in threat of harm to the aquifer and enhanced environmental protection resulting from the companion cases and no impact to those dimensional configurations of the Property (side setback and parking in front of the building) that originally required variance relief for the Property. In addition, the Yarmouth Design Review Committee voted to find that the Proposal is appropriate for the site and the commercial zone. The proposed use of the commercially -zoned property that is being divided out in this Petition, in conjunction with the adjacent land, is allowed (both by right and special permit) in the underlying B I Commercial Zoning District. The two existing fuel station properties that are grandfathered and protected pre-existing nonconforming uses will each be transitioned to conforming uses and will no longer contain a now - prohibited use. The net result of the proposal is one less fuel service station than at present, one less site with a pre-existing nonconforming hazardous materials use, and one relocated site that will be less nonconforming to zoning and more protective of the environment than existing nonconforming conditions. The two pre-existing nonconforming gas station uses in the APD are entitled to remain indefinitely and to remain in a more nonconforming status than the proposal before the Board. Even if these two sites can be upgraded in the future, they will each never be able to be as compliant and conforming as the relocated site due to their shapes and historical developments. The proposal will provide numerous benefits to the Town and the public, including amelioration of the continued risk to the aquifer that these two sites represent by closing these two businesses, eliminating the pre-existing nonconforming hazardous materials uses from these two properties, and restricting these two properties from such uses in the future, in exchange for the relocation a brief distance north along the same street in the same zoning and overlay districts with a new, smaller -capacity, state-of-the-art facility, a facility which is needed in this commercial zone and is authorized by the underlying zoning in the area. The Applicant submitted, and the Board so found, that the land and structures involved are impacted by the unique shape and topography of the Property such that the proposed land division in connection with the companion case can best be situated only as provided on the proposed plans to ensure the fuel station is optimized for safety and complies with the redesign of the site as requested by the Town. It would represent a substantial hardship and be economically and practically infeasible to require literal enforcement of the Zoning By -Laws. In granting the requested variances, the public good will be served by providing a safe, state of the art, modern fuel station. Moreover, the requested variances would not nullify or substantially derogate from the intent or purpose of the Zoning By -Laws because the proposal will provide a safe and modernized fuel station for the public. As a result, it is appropriate to grant the requested variances. The Board took the following vote on the Proposal: Sean Igoe made a motion, seconded by Dick Martin, and voted five (5) in favor and zero (0) opposed to grant the requested Variance to divide the Property as shown on the submitted plan for purposes of conveying 7,305 +/- sq. ft. of land at the rear of the lot to the adjacent property and to reauthorize the continuation of the existing site improvements on the remainder of the Property, all based on the above Findings with no additional conditions. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless othenvise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A§10). This Decision must be filed with the Barnstable County Registry of Deeds, Route 6A, Barnstable. Steven DeYoung, airman 2 COMMONWEALTH OF MASSACHUSETTS . . J TOWN OF YARMOUTH BOARD OF APPEALS Ilk Appeal #4802 Date: September 26, 2019 Certificate of Granting of a Special Permit and Variance (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit and Variance has been granted to: OWNER: Station Avenue LLC PROPERTY: 487 Station Avenue, South Yarmouth, MA Map & Parcel: 97, 3 (portion) Zoning District: B1 & APD & ROAD Deed Reference: Book 18308, Page 272 Lot 2 (portion) on Plan in Book 442, Page 48 Affecting the rights of the owner with respect to land or buildings at: 487 Station Avenue, South Yarmouth, MA Map & Parcel: 97,3 (portion) Zoning District: B1 & APD & ROAD; Deed Reference: Book 18308, Page 27; Lot 2 (portion) on Plan in Book 442, Page 48 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit and Variance, and that copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or Variance or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Steven DeYoung, Chairman TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK Town Clerk I, Philip B. Gaudet, III, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4802 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Philip B. Gaudet, III Town Clerk TOWN OF YARMOUTH ; _ s s, BOARD OF APPEALS APPLICATION FOR HEARING Appeal#: 41&b11,c"'1\ Hearing Date: April L_,2019 Fee$ Owner -Applicant: Applicant: Colbea Enterprises, L.L.C. (Full Names- including d/b/a) Go Law Office of Singer & Singer, LLC, P.O. Box 67, Dennisport, MA 02639, 508-398-2221 alsinger@singer-law.com (Address) (Telephone Number) (Email Ad and is the (check one) Owner Tenant Prospective Buyer Other Interested Pa Property: This application relates to the property located at: a portion of 4s7 Station Avenue, South Yarmouth and shown on the Assessor's Map #: 97 as Parcel#: a portion of 3 Zoning District: B, & APo & ROAD If property is on an un-constructed (paper) street name of nearest cross street, or other identifying location: 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 front of our house" or "change the use of the existing building on the property"): RELIEF REQUESTED: The a plicant seeks the following relief from the Board of Appeals: Companion application with Appeal # ��YNto amend decisions in Appeal #'s 3453 and 3505 or, in the alternative, new variance relief to divide off 7,305 +1- sq.ft. of land at the rear of the lot. The proposal will not create any new non -conformities or impact the existing site development. 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. 2) SPECIAL PERMIT under § of the Yarmouth Zoning By-law and, for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use space below if needed) 3) x VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: 203.5 Relief sought: Section: 301.4.1 Relief sought: Section: Relief sought: side setback parking in front of building �^ ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACTSHEET Current Owner of Property as listed on the deed (if other than applicant): 479 Station Ave: Station Avenue LLC, 487 Station Ave., S. Yarmouth, MA 02664 Name & Address Title deed reference: Book & Page# Book 18308, Page 272 or Certificate #_ Land Court Lot # Plan # wide copy of recent deed) Use Classification: Existing: real estate office §202.5 # 14 Proposed: real estate office §202.5 # 14 Is the property vacant: No If so, how long?: Lot Information Size/Area: see plans Plan Book and Page 442 / 48 Lot# 2 Is this property within the Aquifer Protection Overlay District? Yes x 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: Site Plan Review completed, Design Review completed. Repetitive Petition: Is this a re -application: 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: Appeal Vs 3453 and 3505 Building Commissioner Comments: Colbe,a Enterprriips, L.L.C. B Ad« l Andrew L. Singer Applicant' /Attorney gent Signature Address: Law Office of Singer & Singer, LLC Phone_ E-Mail: P.O. Box 67, Dennisport, MA 02639 508-398-2221 alsinger@singer-law.com a, Y, Sj:�, -4#---1 Owner's Signature i Andrew L. Sin A Cam(/ r / Signature Date Law Office of Singer & Singer, LLC 26 Upper County Road R O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Myer R. Singer Of Counsei Yarmouth Board of Appeals VARIANCE APPLICATION SUMMARY OF REASONING Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com Petition 44802 As a companion case with Petition 94801, Colbea Enterprises, L.L.C. ["Applicant"], is proposing to divide the land at 487 Station Avenue in South Yarmouth f "Property"] in order to: 1) create a 7,305+ sq. ft. parcel of undeveloped land that will be conveyed to the adjacent property (473 and 479 Station Avenue) and used in connection with the development proposed in the companion petition; and 2) maintain the existing site improvements and development (Today Real Estate) located on the remainder of the Property. The Property is owned by Station Avenue LLC, and is shown as Parcel 3 on Yarmouth Assessor's Map 97. The adjacent properties at 473 and 479 Station Avenue are shown as Parcels 1 and 2 on Assessor's Map 97. All of the land is located within the B I Zoning District and the Aquifer Protection District ["APD"]. The Property has previously been the subject of two decisions of the Board of Appeals — Appeal Nos. 3453 and 3505 (copies submitted with the Application). These variance decisions authorized parking in front of the building and the continuation of slight setback encroachments of the basement access bulkhead and exterior stairway on the south side of the Property when the foundation of the existing building was poured. The proposal for the land division will not create any new nonconformities nor impact or intensify any of the existing none onformi ties, The existing building and parking and ownership will remain the same. As discussed with the Building Commissioner as Zoning Enforcement Officer, the Applicant is requesting further variance relief as necessary to create the small parcel of land to convey to the adjacent property and to maintain the current development of the Property as existing. The Board of Appeals is authorized to grant variances in accordance with Section 102.2.2 of the Yarmouth Zoning By -Law ["Zoning By -Law"] and M.G.L. Chapter 40A, Section 10, upon finding that a literal enforcement of the Zoning By -Law would involve substantial financial or practical hardship to the Petitioner, that the hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. The Applicant respectfully submits that the requirements and criteria for a continued variance to maintain the existing parking in front of the building and the setback encroachments of the bulkhead and stairs are met in this instance with respect to this land and this building and that the desired relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law because: 1. The building will continue to be conforming with the front, right -side, and rear setbacks and will be no closer to the southerly, left -side line than as previously approved by the Board of Appeals (slight setback encroachments of the basement access bulkhead and exterior stairway); Building coverage on the remaining portion of the Property after the land division will continue to be conforming; The septic system servicing the building will continue to be conforming to the nitrogen requirements after the land division; 2 4. All stormwater runoff will continue to be contained and infiltrated on site, and there will be no negative impact to drainage, septic flow or stormwater; 5. There will be no change to the existing parking in front of the building, and the number of parking spaces will remain conforming. As the Board found in Appeal No. 3453, "...the parking area as proposed [at that time] will not create the impression of over -building, will provide for parking in a safe and efficient manner, will not negatively impact on any abutters, and a portion of the property that had been devoted to motor vehicle parking use will be re -vegetated", 6. There will be no change in access to the Property, which is not over the Property frontage on Station Avenue, but rather over a driveway by way of easement entering from the north over the neighboring property at 495 Station Avenue; The hardships that the Board determined in Appeal Nos. 3453 and 3505 remain the same even with the carving off of the small piece of land as requested; In addition, allowing the division and conveyance of the small piece of land as requested will also aid in mitigating the hardships associated and discussed in companion case 94801 and will help the achieve significant enhancements to environmental protection and reduction of environmental risk in connection with the proposal contained in that case; 9. The Property, though reduced in size, will remain in keeping with and will continue to complement the B 1 Commercial District along Station Avenue. There will be no detrimental impact on neighboring properties; and 10. The request to divide the small piece of land was reviewed by both the Yarmouth Design Review Committee and the Site Plan Review Committee in connection with the 3 companion case. The Design Review Committee voted 3-0 in favor finding that the overall request is appropriate and satisfies the reviewed design guidelines. For all of the above reasons, the Applicant respectfully requests that the Board of Appeals make findings that the proposal satisfies the variance criteria set forth in the Zoning By -Law and grant the requested relief to allow creation of the small parcel of land to be conveyed and to maintain the existing commercial development of the remainder of the Property. ' 4 Bk 18308 Fo272 017721 03-12-2004 a 08=53a QUITCLAIM DEED We, JAMES MACHNIK and TERESA J. MACHNIK, as Trustees of TODAY REALTY TRUST, under Declaration of Trust dated October 5, 1995, and filed with the Land Registration Office for the Barnstable Registry of Deeds as Document No. 652707, of 50 Carriage Lane, Yarmouthport, Barnstable County, Massachusetts 02675, for consideration paid of less than One Hundred (S100.00) Dollars, grant to STATION AVENUE LLC, a Massachusetts Limited Liability Company with a principal place of business located at 487 Station Avenue, South Yarmouth, Massachusetts 02664, with QUITCLAIM COVENANTS: The land in Yarmouth (South), Barnstable County, Massachusetts situated at 390 Station Avenue, containing 39,806 square feet, more or less, being shown as Lot 2 on plan of land entitled "Plan of Land in Yarmouth, Mass. Prepared For: Bank of Boston" dated October 22, 1987 by Down Cape Engineering, Inc. and recorded in the Barnstable County Registry of Deeds at Plan Book 442, Page 48 and being a portion of the premises described by deed duly recorded in the Barnstable County Registry of Deeds at Book 5973, Page 133. Together with the right and subject to the rights of others to use the access easement as shown on the above referenced plan and as reserved in the Deed of Maurice B. Wyman, Trustee, et al to K. Prescott Low dated January 28, 1988 and recorded with the Barnstable County Registry of Deeds in Book 6119 Page 007. Subject to easements and restrictions of record. Subject to a variance by the Yarmouth Board of Appeals dated November 19, 1987 and recorded in the Barnstable County Registry of Deeds at Book 6182, Page 204. For Grantors' Title, See Deed of Maurice B. Wyman and Michael T. Wyman, Trustees of the M & M Wyman Trust dated April 14, 1998 and recorded with the Barnstable County Registry of Deeds in Book 11360, Page 145. q 4;pjt io.)vo Lly G ! 3 ffi 7 /1I WITNESS our hands and seals the y�6 day of February, 2004. Norfolk, ss. TODAY REALTY TRUST BY.���� 1 L' RESA J. IACHr�1IK, Trustee By: MES NL4CHNIK, Trustee COMMONWEALTH OF MASSACHUSETTS February 1 , 2004 Then personally appeared the above -named TERESA J. MACHNIK and JAMES MACHNIK, as Trustees aforesaid, of the Trust and acknowledged the foregoing instrument to be the free act and deed of TODA" �"- ` T 23--693.4 BARNSTABLE REOISTRY OF DEEDS Bk 28068 P s 126 04-03--2014 of 02 = 41 s;p m (0 o QUITCLAIM DEED a Jeanne L. Luby, Administrator of the Estate of Robert W. Luby filed in Barnstable o Probate Court Docket No. BA96P1573AD-1; Jeanne L. Luby, Administrator of the E Estate of Robert S. Luby filed in Barnstable Probate Court Docket No. ro BA10P0974EA; Jeanne L. Luby, of 65 Chase Street, West Harwich, MA 02671 and } Karen J. Luby-Drew, of 91 North Main Street, South Yarmouth, MA 02664 0 For nominal consideration paid of One Dollar ($1.00), Grant seventy-five (75%) percent interest in said premises to Jeanne L. Luby, of 65 Chase Street, West Harwich, MA 02671 and twenty-five (25%) interest in said 2 premises to Karen J. Luby-Drew, of 91 North Main Street, South Yarmouth, MA 02664, as tenants in common � o CD z with QUITCLAIM COVENANTS The land in Yarmouth, (South), Barnstable County, Commonwealth of 06 Massachusetts together with the buildings thereon, bounded and described as T follows: �o E ¢ NORTHEASTERLY by Station Avenue as shown on hereinafter mentioned c plan, one hundred fifty-one and 281100 (151.28) feet; �s SOUTHERLY by land now or formerly of the Penn Central Railroad Co. °n = as shown on said plan, one hundred seventy-seven and ai 381100 (177.38) feet; m a SOUTHWESTERLY by a portion of Lot 6 as shown on said plan, eighty-nine a' and 101100 (89.10) feet; c CD NORTHWESTLERY by Lot 4 as shown on said plan, one hundred ninety-three 0 and 961100 (193.96) feet. LO ra cfl Containing 22,532 square feet and being shown as LOT 5 on plan entitled, "Plan of V Land in South Yarmouth, Mass. for: CHARLES E. CHAMBERLAIN, JR. ET ALI & a� ROBERT W. LUBY ET AL, TRUSTEES, being a Subdivision of Lot 2 as shown on -° ¢ Plan in Plan Book 267, Page 58, and parcel shown on Plan in Plan Book 230, Page U) 97 Scale 1"=60' August 15, 1977, CMS Associates, Inc. Registered Engineers & m Land Surveyors 1265 Route 28, P.O. Box 70, South Yarmouth, Mass. 02664," which o said plan is duly filed with Barnstable County Registry of Deeds in Plan Book 319, CL CD Page 52. Bk 28068 Pg127 #13768 Meaning and intending to convey the premises as shown as LOT 5 in Deed recorded in Barnstable County Registry of Deeds in Book 5429, Page 219. See also Estate of Robert W. Luby in Barnstable Probate Court Docket No. BA96P1573AD-1 and Estate of Robert S. Luby BAlOP0974EA for title. The death certificate and Affidavit of No Estate Tax for Robert S. Luby are recorded herewith. Executed as a sealed instrument this 2nd, day of December, 2013. l � Jeanne L. Luby, lndividualq and as Administrator Barnstable Docket No. BA96P1573AD-1 and Barnstable Docket No. BA10P0974EA HIO � ".A.-R-ads COMMONWEALTH OF MASSACHUSETTS ) ) ss. COUNTY OF BARNSTABLE ) On this 2nd day of December, 2013, before me, the undersigned notary public, personally appeared Jeanne L. Luby, Administrator and Individually, proved to me through satisfactory evidence of identification, which was her Massachusetts driver's license or personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. Notary u rc Wendy J Higgins commonweaithofMassachusetts Notary b1i W dy J, Higgins - ^.:� My commissionExgiresonMar.i8,241a My Co mission Expires: 3/16/2018 < `p,60NIMMONWEALTH OF MASSACHUSETTS ) ) ss. COUNTY OF BARNSTABLE ) On this 2nd day of December, 2013, before me, the undersigned notary public, personally appeared Karen J. Luby-Drew, and proved to me through satisfactory evidence of identification, which was her Massachusetts driver's license or personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. otary u uc Wendy J. Higgins Comm"ealtf; of Massachusetts ?'-`�e;"°tr1�yCommissionF�ugiresonMar.4s,zma N tary ii WeMy J. Higgins My Commission Expires: 3/16/2018 PROPERTY ADDRESS: 473 Station Avenue, South Yarmouth, MA 02664 BARNSTABLE REGISTRY OF DEEDS Bk 23068 Ps128 013769 04-03-2014 al 02 = 41 P cp N QUITCLAIM DEED 0 :2 Jeanne L. Luby, Administrator of the Estate of Robert W. Luby filed in Barnstable Z Probate Court Docket No. BA96P1573AD-1; Jeanne L. Luby, Administrator of the o Estate of Robert S. Luby filed in Barnstable Probate Court Docket No. BA10P0974EA; Jeanne L. Luby, of 65 Chase Street, West Harwich, MA 02671 and Karen J. Luby-Drew, of 91 North Main Street, South Yarmouth, MA 02664 co For nominal consideration paid of One Dollar ($1.00), Grant seventy-five (75%) percent interest in said premises to Jeanne L, Luby, of 65 Chase Street, West Harwich, MA 02671 and twenty-five (25%) interest in said premises to Karen J. Luby-Drew, of 91 North Main Street, South Yarmouth, MA 02664, as tenants in common 'Cr o to N 0 N0 with QUITCLAIM COVENANTS 00) < The land in Yarmouth, (South), Barnstable County, Commonwealth of � Massachusetts together with the buildings thereon, bounded and described as CO 0 o follows: 2 NORTHEASTERLY by Station Avenue as shown on hereinafter mentioned > plan, one hundred forty and no/100 (140.00) feet; c0 = SOUTHEASTERLY by Lot 5 as shown on said plan, one hundred ninety-three and 961100 (193.96) feet; > SOUTHWESTERLY by a portion of Lot 6 as shown on said plan, eighty-nine � and 10/100 (89.10) feet; CD O � j NORTHWESTLERY by Lot 3 as shown on said plan, one hundred eighty- seven and 16/100 (187.16) feet. Tr ui Containing 21,443 square feet and being shown as LOT 4 on plan entitled, Plan of v Land in South Yarmouth, Mass. for: CHARLES E. CHAMBERLAIN, JR. ET ALI & ROBERT W. LUBY ET AL, TRUSTEES, being a Subdivision of Lot 2 as shown on Plan in Plan Book 267, Page 58, and parcel shown on Plan in Plan Book 230, Page a m 97 Scale 1"=60' August 15, 1977, CMS Associates, Inc. Registered Engineers & a) M Land Surveyors 1265 Route 28, P.O. Box 70, South Yarmouth, Mass. 02664," which o " said plan is duly filed with Barnstable County Registry of Deeds in Plan Book 319, CD Page 52. a Bk 28068 Pg129 #13769 Meaning and intending to convey the premises as shown as LOT 4 in Deed recorded in Barnstable County Registry of Deeds in Book 5429, Page 219. See also Estate of Robert W. Luby in Barnstable Probate Court Docket No. BA96P1573AD-1 and Estate of Robert S. Luby BAlOP0974EA for title. The death certificate and Affidavit of No Estate Tax for Robert S. Luby are recorded herewith. Executed as a sealed instrument this 2nd, day of December, 2013. J ;nne �L.Luby, Individually Od as Administrator Bamstable Docket No. BA96P1573AD-1 and Barnstable Docket No. BAlOP0974EA Karen J. Luby-Drew COMMONWEALTH OF MASSACHUSETTS ) ) ss. COUNTY OF BARNSTABLE ) On this 2nd day of December, 2013, before me, the undersigned notary public, personally appeared Jeanne L. Luby, Administrator and Individually, proved to me through satisfactory evidence of identification, which was her Massachusetts driver's license or personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. Notary Public L Wendy J. Higgins t �+. Qu•` % CammonweahhofMessachusetts Notary li W ndyJ. Higgins Commission Expires on mar.1A, 201a My Co mission Expires: 3/16/2018 14 s+�y�COMMONWEALTH OF MASSACHUSETTS ss. ' COUNTY OF BARNSTABLE ) On this 2nd day of December, 2013, before me, the undersigned notary public, personally appeared Karen J. Luby-Drew, and proved to me through satisfactory evidence of identification, which was her Massachusetts driver's license or personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. otary Public £; .,_ , ,weedy) Biggins r��41'� ?.'. �;a�' Commonwealth ofMassachusetls Notary P hC We y J. Higgins r4j. My Commission Exp'�es w Mar.16, 2018 My Com i ion Expires: 311612018 1' PROPERTY ADDRESS: 479 Station Avenue, South Yarmouth, MA 02664 ' : a',: Py ►yam' ''v BARNSTABLE REGISTRY OF DEEDS h C O x x N � Z � T c � ei O cl V hi r4 n N yr i� �Ix at ry r - vat ;x �lhl I y xWN I'i �1 CN It! t!, fj� .....--. o- I � aIQ TT r' VIM M M I � I ESExx �� xxN LIN N cE n E coo uuu N N tn o I W oOc= N~ 3 al---- i � E~C p \timed V � �` CF C Wi^aa i I p 1` >>rr Z WIMQN � I Ifi N � ►1 al! I o UWz c rzu mC6 V �, h# W' < i a O` sg z �-U2ca to a aacl m q _ o0 J 00 f4i,• 00 N = GC N N kn 46. to) I i x o J < < « cn 7 a a i ! \l -�+T C `I ? I O G — vV V U czi= z z z r zl �gzz m < > Q z C4 oe x x r' > O < oa W < U Q > Zr c 'oN� g u z Lj R m n a7� Z n =- Q � x — ?'— O'x aaop_o`Cs N_ —f, rr x y4to >411 CT Z 45 u o> -72 •� c.� � yr C� o c o c c °° ?. � C n m Q U a�— Y - `off>-cz t " = e. n YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# ,- Name Applicant: Colbea Enterprises, L.L.C. Filing Date: March 8, 2019 Hearing Date: April Property Location: A portion of 487 Station Avenue, South Yarmouth 2019 Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or private street or way, and abutters to the abutters (only within 300 feet of the property line) of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number . You can get assistance with this list from the Assessor's Office. Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel Win question) times .56e, which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. Map Number Lot Number Map Number Lot Number Applicant # 97 3 97 1 Abutters #'s 97 2 87 40 97 22 87 41 98 1.1 98 111 97 23 Cl 97 23 C2 97 23 C3 97 23 C4 97 23 C5 97 21 C10 97 21 C20 97 21 Cl 97 21 C11 97 21 C12 97 21 C14 97 21 C15 97 21 C16 97 21 C17 97 21 C18 97 21 C19 97 21 C2 97 21 C21 97 21 C22 97 21 C23 97 21 C24 97 21 C25 97 21 C26 97 21 C27 97 21 C28 97 21 C29 97 21 C3 97 21 C4 97 21 C5 97 21 C6 97 21 C7 97 21 C8 97 21 C9 97 6 97 5 97 7 87 34 97 4 2 Labels-1 Hard Copy Assessors Field Card with photo Matthew Zurowick, Director of Assessing �o� 871 34/ 1 1 97/ 211 C11 ! 97/ 21l C11/ ! VIRTOM LIMITED PARTNERSHIP OSCAR TAYLORS LLC OSCAR TAYLORS LLC 2 ATLANTIC AVE 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH_ MA 02664 871 401 1 1 971 21/ C21 1 9V 21/ C121 1 GOMES NATALIO TR OSCAR TAYLORS LLC OSCAR TAYLORS LLC NEW BEDFORD D R G RLTY TRUST 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 13 BRIARWOOD LN SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH_ MA 02664 ROCHESTER. MA 02770 871 411 1 / 97/ 211 C31 / 971 21/ C 141 ! MONTROSE YARMOUTH STATION LLC OSCAR TAYLORS LLC YARMOUTH BASKIN LLC 159 CAMBRIDGE ST 23 B2 WHITES PATH SUITE 5 P O BOX 66096 ALLSTON. MA 02134 SOUTH YARMOUTH. MA 02664 AUBURNDALE. MA 02466 971 1/ 1 I 97l 21/ C41 1 971 211 C 151 I LUBY IEANNE L OSCAR TAYLORS LLC OSCAR TAYLORS LLC LUBY-DREW KAREN 1 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 65 CHASE ST SOUTH YARMOUTH_ MA 02664 SOUTH YARMOUTH_ MA 02664 WEST HARWICH. MA 02671 971 21 1 1 971 21/ C51 1 971 211 C161 1 LUBY JEANNE L OSCAR TAYLORS LLC OSCAR TAYLORS LLC LUBY-DREW KAREN ] 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 65 CHASE ST SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH_ MA 02664 WEST HARWICH. MA 02671 971 3I ! I 971 211 C6/ ! 971 211 C171 1 STATION AVENUE LLC OSCAR TAYLORS LLC OSCAR TAYLORS LLC 487 STATION AVE 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH, MA 02664 97/ 4l 1 I 971 211 C7/ / 97/ 211 C 18/ ! WOODS REALTY ASSOCIATES LLC OSCAR TAYLORS LLC OSCAR TAYLORS LLC 441 ROUTE 130 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 SANDWICH, MA 02563 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664 971 51 ! I 97I 211 C81 1 97/ 211 C19/ ! GLOBAL MONTELLO GROUP CORP OSCAR TAYLORS LLC OSCAR TAYLORS LLC CIO ALLIANCE ENERGY LLC 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 15 NORTH EAST INDUSTRIAL RD SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664 BRANFORD. CT 06405 97/ 61 I ! 971 211 C91 I 971 211 C20/ / TOWN OF YARMOUTH OSCAR TAYLORS LLC OSCAR TAYLORS LLC 1 146 ROUTE 28 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 SOUTH YARMOUTH, MA 02664-4463 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH. MA 02664 971 71 I I 97/ 21/ CIO/ I 971 211 C211 1 DAVENPORT DEWITT P TRS OSCAR TAYLORS LLC OSCAR TAYLORS LLC ASCHET 1NO STEPHEN N TRS 23 B2 WHITES PATH SUITE 5 23 B2 WHITES PATH SUITE 5 20 NORTH MAIN ST SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664 TOWN OF YARMOUTH Board of 1146 ROUTE 28. SOUTH YARMOUTH. MASSACHUSETTS 02664-24451 Appeals Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 ABUTTERS NOTICE To: Abutters From: Sandi Clark Office Administrator Date: March 26, 2019 Subject: Petition #4801 and #4802 The Zoning Board of Appeals will hear Petition #4801 and Petition #4802 on Thursday, April 11, 2019. The hearing begins at 6 p.m. and these two Petitions are on the Agenda as second and third that evening. Please accept this as your notification as an abutter within 300 feet of these Petitions. PETITION #4801: Colbea Enterprises, LLC, 2050 Plainville Pike, Cranston, R.I. Property location: 473, 479 and 487 (portion) Station Avenue, South Yarmouth. Map & lot#: 0097.1; 0097.2 & 0097.3 (portion); Zoning District: B I ; APD & ROAD. The applicant is seeking Special Permits and Variances to develop the land at the above addresses for use as a Shell fuel service station and convenience store with co -brand business. Relief is requested under and from, respectively, §202.5 footnote J, §301.4.1 - §301.4.10; §301.8; §301.9 and §303 as necessary, for use in the BI Zoning District and APD and various dimensional setback and design, parking, drive-thru, landscaping, lighting, and sign provisions, per the submitted plans and materials. PETITION #4802: Colbea Enterprises, LLC, 2050 Plainville Pike, Cranston, R.I. Property location: a portion of 487 Station Avenue, South Yarmouth. Map & lot#: 0097.3 (portion); Zoning District: Bl; APD & ROAD. Companion application with Petition #4801 to amend Decisions #3453 and #3505 or in the alternative, new Variance relief under and from §203.5 and §301.4.1 as necessary to divide off 7,305 }/- sq. ft. of land at the rear of the lot. The proposal will not create any new non -conformities or impact the existing site development. If you have any questions, please contact me at (508) 398-2231 ext. 1285. If you cannot attend in person and would like to comment on this project you can e-mail me at sclarkCcyarmouth.ma.us. Your comment will be read into the minutes of the hearing. Formal.-X __Informal --Review SITE PLAN REVIEW COMMENT SHEET Date: February 5, 2019 New Map: 97 New Lot: 1, 2 & 3 Applicant: Seasons Corner Market/Shell Station Location: 473, 479 & 487 Station Ave., South Yarmouth Zone: B-1, AP_D & ROAD Persons Present: Kath Williams Bruce Murphy Carl Lawson Andrew Singer Kelly Grant Andrew Delli Gar ini' Dick Martin Cat Kevin Huck RandyHart Tim Sears Lt. Scott Smith Eric Simpson Nick Aguiar Rich Defusco Al Micale Robert McGann _ Dennis Darveau Kyle Pedi_c_ini Larry Coburn Project Summary Applicant is proposing to construct a Seasons Corner Market convenience store with drive-thru and Shell fuel service station. The proposal includes closing and decommissioning two old fuel service stations located within one -quarter mile of the property. Comments Building: Project is located in the B-1 & APD overly zoning district. If the proposed plans are to remain as resented `�� 1 Y g P p p presented, _ applicant will need relief from the ZBA in at least these areas: Use — B-1 SP APD — Variance Site — In lot trees — Variance -- 301.4.6 Front Buffer tree — Review, appears to be missing a tree. Variance — Please identify existing trees to remain. Canopy structure located in the required 75' setback - Variance -- 203.5 (note J) Parking in the front of the building — Variance - Parking numbers miscalculated 1 per 60 sq. ft. not 30 sq. ft. Curb cut width — Variance — 301.4.3 Photometric plan — Variance — 301.4.10 Show stacking lane dimensions — if 10 vehicles do not fit in stacking lane — Variance — (approx.. 20' per vehicle) Show snow storage. Center fine of Driveway < 250' — Variance — 301.4.7 Si. gna4e — Apparently not ready to be presented. Too many issues to list, variance for the majority of the signage and number of them. Recommend sign designer review bylaw section 303.3 No indication or details on the restoration of the two existing gas station lots impacted by this proposal. Review relief granted to 467 Station Ave. to allow parking in front. Does land purchase from abutter affect prior decision? All applicable sections of 780 CMR and 521 CMR will apply. Will expect the opportunity to review plan and or revisions with applicant's attorney before final filing with ZBA. Community Development and Planning: J 1. Canopv: Although the Design Review Committee (DRC) had no issues with the aesthetics of the gas pump canopy as proposed, the Planning Division respectfully disagrees. The canopy is 24'x152' with a flat roof and an illuminated Shell brand yellow and red banding (similar to the one recently constructed in Dennis on Route 134). This type of canopy is out of context with Yarmouth and what has been provided at other newer gas stations in Town. The canopy is located in front of the building within the front yard setback and is the dominant structure on the site, As such, the aesthetics of the canopy should be improved and would greatly benefit the overall appearance of the site and improve the view from the nearby Cape Cod Rail Trail bridge. The canopy could have a shallow pitched shingle roof, hip roof, or flat roof with decorative cornice, and the support columns could include more substantial columns and/or bases. See attached examples of other Gas Station Canopies in Yarmouth. 2. Existinci Gas Station Sites 446 & 433 Station Ave : No information has been provided about how the two existing gas station sites will be restored or utilized once the fuel tanks/piping/pumps are removed. If removal of the tanks at these two sites are part of the proposed project, more details are needed on the restoration of these sites and inclusion of site improvements such as buffer plantings and curb cut reductions. See the attached Concept Plan for 446 Station Avenue, dated 2/4/19 for an example of minimum improvements that could be done at this site, which is also owned by the Applicant. 3. Signage: Signage is out of context with the area, and the free-standing sign significantly exceeds allowed area and height limitations. The sign also includes LED gas pricing which is currently not allowed, although the Planning Board is considering a zoning amendment to allow LED for gas pricing only on free-standing signs. 4. Photometric Plan and Lighfing: Per Section 301.4.10, lighting at the property lines cannot exceed 0.1 footcandles for commercial projects, except at driveway entrances where is may be 0.5 footcandles. The photometric plan shows that this is exceeded with the site lighting and the four bollards shown along Station Avenue. The under canopy fighting is at 52 footcandles which is excessive and contributes to glare. Lighting standards indicate 15 footcandles for gas station canopies. 5. Buffers and Landscaping: Buffer trees of 4" diameter and larger are shown to remain. Many trees to remain are very close to construction activity and need to be protected during construction. Applicant needs to identify the type of trees remaining to get an understanding of the overall landscape plan. Landscaping needs to meet Section 301.9 regarding plant species. An additional buffer tree and plantings should be provided in the center island. 6. Parking & In -Lot Trees: Sixteen (16) spaces are shown to be required with 28 being provided, in addition to those individuals who will remain parked at the pump while going into the store. This seems excessive and results in more parking in the front and more pavement, No in -lot trees are proposed in the parking area, although 4 would be required for the proposed 28 parking spaces. 7. ANR: ANR Plan with the Planning Board required to transfer dog leg portion of 487 Station Ave. Confirm zoning compliance per ZBA Decision, and septic compliance, with reduced lot size. t Conservation: No Wetlands Protection Act jurisdiction. Development is over one acre so Town Stormwater bylaw regulations apply unless all runoff is demonstrated to be retained onsite and/or MS4 is not connected to a Welland. The extensive clearing of a well vegetated lot will change the drainage characteristics of the site during and post construction. A construction -period erosion contra!i plan should be submitted to the Engineering Division prior to construction for review. Design Review: Refer to the attached January 29, 2019 Design Review Committee Comments. In addition Dick Martin attended site plan review and had additional comments and concerns. He feels the possibility of entertaining a single curb cut should be investigated, the retention gullies be located outside any buffer to maintain the 10 and 20 foot setbacks with existing trees, that a more attractive canopy with pitch and shingles and no signage be seriously considered, that the sign bylaws be adhered to, that the required in lot trees be added (plenty of extra parking provided would allow this) and the existing buffer trees be retained everywhere possible. Pump LED light are also considered excessively bright. Engineering: Signage for accessible spaces shall comply with 521 CMR 23.6. Posts and poles for mounting exterior lighting shall not exceed 20' in height. Electric service for external lighting shall be located underground. A traffic impact study is recommended to assess the impact of the proposed development on Station Avenue. Verify that 10 stacking spaces are provided for the proposed drive-thru service window per zoning Bylaw Section 301.8. Snow storage accommodations must be shown on the site plan. Review spot elevation of 58.12' at the bottom left corner of the concrete paved parking area as it may create ponding within the area. Review the invert elevation for DI #1 as it is below the inlet invert of 08 #1. A construction -period erosion control plan, along with detail drawings related to the installation of the selected erosion control measures, must be submitted to the Engineering Division prior to construction for review. Include a provision within the proposed operation and maintenance plan requiring the maintenance of records which document compliance. Include provisions within the proposed operation and maintenance plan which outline the appropriate procedures for conducting winter weather operations (snow storage, deicing, etc.) so as not to compromise the functionality of the stormwater management system. The inflow area utilized for Bioretention Area #1 within the HydroCAD calculations does not account for the pervious area which drains directly into Bioretention Area #1 (4,642 ft.2). Revise all dependent calculations and reevaluate the adequacy of the proposed design. The nodal area listing also does not reflect the r appropriate value of pervious space which needs to be considered. . Fire: Fire Department Access, YFD will provide vehicle sweeps for access. Sprinkler system may be needed pending final plans. Yarmouth Fire Department supports the application, subject to applicable submissions, permits and inspection. H_ealKlReview other tanks at both existing stations (underground waste oil and fuel)- tanks currently in non- compliance, Health Dept. will work with water dept. in review of LSP environmental review. Sewage nitrogen loading calculations must be submitted, any additional land must be reviewed. No seats in proposed Food area, submit food area layout and equipment list. Tobacco license will be needed, from another store, based on Dept. �. tobacco cap. Detailed septic system plan must be submitted. -i' Water: Irrigation systems require the use of an appropriate backilow prevention device. Water service lines are to be made of poly plastic with a diameter of 1" for lengths less than 125', and a diameter of 2" for lengths greater than, or equal to, 125'. It is recommended that the applicant utilize the existing 6" stub (terminates at main with valve cluster) for establishing a domestic connection. A meter pit within the proposed island would be required along with sieeving of the service line. Read & Received by Applicant(s) EXAMPLES OF GAS STATION ('A OPIFS IN YAltMOUTH, INIA Cape. Cod Farms - 252 Route 28 — Sloped hip roofecl C�3ti()p %4-jti] k1scizt board details ('ape Cod Firms - 252 Route 24 i'()fLjtljtj cfet�tit C"ape Cod Farms -252 Route 28 — Sign details with decorative iioi►tiFigy EXAMPLES OF GAS STATION CANOPIES IN YARNMC UTH, -%4A Speco ay — 1353 Route 28 -- Sloped hip roofed canopy with Cascia board details Cumberland Farms -- 628/634 Route 28 — Flat canopy roof m it cornice cletails and Substantial ed)lrrirra)s Spc c, lw ay — 441 Route 28 — Sloped roof can of t Review I : 0 Conceptual ® Formal 0 Binding (404 MotelsNCOD/R.O.A.D. Project) 0 Non binding (Alf other commercial projects) Review is bv: O Planoing Board Z DOSICIA Review 90mmiltee , kARMC)U fHTOW (;j._F DESIGN GN REVIEW COMMENT SHEET Date: Janua 29 2019 Map: 97 t: Colbea Enterprises LLC d/b/a Seasons Corner Market).___Zones : lion: 473, 479 & 487 Station Avenue, South Yarmouth Persons Present: DCR Members Present Yarmouth Town Staff Prese Charlie Adams Kath Williams Sara Porters Chris Vincent '1-9,TAN2 1--il4:02 P, E C Lots: 1, 2, &. 3 Andrew Al Micale, Avoub Lar Coburn, Colbea Bob McGann, Colbea neeri DRC Review for this prqjqct started at: 1:35 PM DRC Review ended at: 3:12 PM - -- - - On a motion by Chris Vincent, seconded by Sara Porter, the Design Review Committee (DRC) voted (3-0) to adjourn the January 29, 2019 DRC meeting at 3.12 PM. Proiect Summary General Description: Colbea Enterprises, LLC (d/b/a Seasons Corner Market), is proposing to construct a Seasons Corner Market convenience store with drive-thru and Shell Service Station on currently undeveloped land at 473, 479 and a portion of 487 Station Avenue. The project is located in the 131 zoning district and the Aquifer Protection District (APD). Gas Stations are a Variance in the APD, The proposal includes closing and decommissioning two existing fuel service stations on Station Ave and replacing with the proposed new fuel service station resulting in a net decrease in the number of underground fuel storage tanks, the gallons of fuel stored and the amount of fuel related piping in the APD. The proposed building is a 40'x 90 rectangular structure with hipped roof and cupola. The gas canopy is a 24'x152' flat roofed canopy covering six pump with Shell brand yellow and red banding. SumrMar of -Presentation: Attorney Singer gave a brief presentation on the proposed project as outline above, noting some of the benefits of the project and the overall presentation format. Andrew Delli Carpini gave an overview of the project including some changes that were made based on comments from an informal meeting with Town Staff. He gave an overview of his business and partnership with Shell gas station. He noted a similar facility was recently completed In Dennis. He owns the Shell Station on Station Avenue now, which has limited amenities that most customers are now looking for. This facility is being teased by someone else. Colbea would be owning and operating the proposed facility. He noted that curb appeal is important to them including landscaping. Like to stay consistent with design for brand recognition. Richard DeFusco gave an overview of the landscaping plan, He noted the 4" caliper trees in the buffer areas which are circled in red on the plan. Some trees may need pruning, or conflicts due to grading. There are some conflicts in the front. He is planning to tag trees to remain in the field. Kathy Williams noted that some buffer trees can be removed for sound landscaping reasons as part of Site Plan Review, Mr. DeFusco gave an overview of the plants proposed. Added additional trees where needed in the buffer areas with a mixture of deciduous and coniferous trees with a variety of blooming seasonal plants and perennials. The planting areas wlll be Irrigated. Kathy Williams mentioned the need for native plant species. Alan Mlcale noted that the photometric plan is being revised by the lighting designer to meet the bylaw. Mr. Delli Carpin! discussed the need for additional parking for changing of staff, so have more parking than required by zoning so as not Inconvenience their customers. Will be co -branding with another company. DRC Questions & Discussions: Charlie Adams asked about the location of the first store. Mr. Delli Carpini Indicated Hope Street in Providence was their first facility. They have 115 facilities now, Charlie Adams asked about traffic. Attorney Singer noted there was better access to this site with third turning lane, Charlie Adams asked about people just sitting at the pump when going Inside the store. Mr. Delli Carpini noted that 50% of people that buy fuel go into the store, Try to speed up the process to have two cashier stations to keep people moving. If go to co -brander, may take a little bit longer. Additional parking may help to avoid this. Have the layout of the fuel/pumps to reduce conflicts and increase circulation. Attorney Singer noted there would be a net reduction in the number of pumps in the area, Mr. Micale noted the fuel tanks will be safer, double walled, control center In the building, far superior system. The site will also have a state of the art stormwater treatment system. Sara Porter asked about the two other sites. Attorney Singer noted that the fuel tanks and pumps are being removed, but no proposal to redevelop those sites. Kathy Williams suggested if the other stations are part of the argument for getting the required Variances, some improvements at the other sites may be beneficial in the ZBA application. Charlie Adams noted the Shelf station has a Stop & Shop loyally cards. Mr. Delli Carpini noted they will continue with the loyalty program at the new station. Also have control over the store, so have additional discounts on gas, Sara Porter noted the length of the building. If same as Dennis, then she has no issue with the building. Sara has no issue with the canopy as proposed. Charlie Adams asked about the clumpster and enclosure. Trex material will hide the dumpsters which was acceptable. Charlie feels the canopy is in line with their type of facility and have no problems with it and it is pretty standard. Like to see containers for trash near the pumps. Chris Vincent has no problem with the canopy. What happens to the other buildings should be given some consideration. Some smaller upgrades to clean up the site with buffer plantings. Mr. Dell! Carpini noted the comments and will look into it. Sara asked about the height of the canopy. Mr. Delli Carpin! noted the fuel tanks need about 14' plus fire suppression system. The proposed plan shows a 16' clearance, Review Comments In Relation To The Design Standards SITING STRATEGIES Sect. 1. Streetscaoe 0 N/A I] Meats Standards, or 0 Discrepancies: Add additional landscaping In the center island without blacking site distances. Sect. 2. Tenant Spaces O €VIA ❑ Meets Standards, or ❑ Discrepancies: Sect. 3, Define Street Edge ❑ N/A 0 Meets Standards, or 0 Discrepancies: The streetscape is being defined with landscaping as the building is setback from the road. See comments for Section l above. Sect, 4 Shield Large Buildings 0 NIA ❑ Meets Standards, or ❑ Discrepancies: Sect, 5, Design a 2m Stow 19 NIA ❑ Meets Standards, or ❑ Discrepancies: Sect. 6.Use Topo to Screen New Development IR NIA ❑ Meets Standards, or 0 Discrepancies: Sect. 7 Landscape Suffers/Screening ❑ N/A ❑x Meets Standards, or ❑ Discrepancies: A 20' vegetated buffer Is shown along Station Avenue and 10' along the remaining property boundaries. Buffer trees of 4" dlarnater and larger are shown to remain, Many trees to remain are very close to construction activity and need to be protected during construction if they are to remain. Supplemental plantings may be required to replace dead trees or replace damaged trees Identified as remaining. Sect. B Parking Lot Visibility C7 NIA 0 Meets Standards, or 0 Discrepancies: Buffer plantings are adequately hiding the parking areas. Sect. 9 Break up Large Parking Lots ❑ NiA Z Meets Standards, or D Discrepancies: There are three separate separate parking areas with buffer screening. Sect. 10. Locate Utilities Underground ❑ NIA R Meets Standards, or ❑ Discrepancies: Sect, 11, Shield Loading Areas 0 NIA 0 Meets Standards, or ❑ Discrepancies: BUILDING STRATEGIES Sect, 1 Break DownBuildin Mass — Multiple Bid s, H NIA Q Meets Standards, or © Discrepancies: The building Is less than 5,000 square feet in overall size Sect. 2 Break Down Building Mass — Sub -Masses Z NIA © Meets Standards, or © Discrepancies: Sect. 3 Vary Facade Lines 0 NIA ❑ Meets Standards, or 0 Discrepancies: The Building is a rectangle without building setbacks or modulations of 5' every 50'. The DRC felt it wasn't necessary due to the location of the building and variety of materials. There is also a flat roofed canopy over the main entrance. Sect._4, VarV Wall Heights ❑ NIA IR Meets Standards, or 0 Discrepancies: Wall heights have some variation with the arch for the Seasons wall sign on the south side of the front facade. Sect. 5, Vary Roof Lines U NIA ❑x Meets Standards, or ❑ Discrepancies: The Building has a hip roof and cupola which helps to add interest and change up the roof lines, The Gas Pump Canopy has a flat roof, with no variations in roof lines, but the DRC felt it was appropriate for the site and use. Sect 6 Bring Down Building Edges 0 N/A 0 Meets Standards, or D Discrepancies: There is a canopy over the main entrance, Sect. 7 VanLBuilding Mat'is For Depth 0 NIA I@ Meets Standards, or 0 Discrepancies: Sect. $ Use Ir.aditional & Nat'l. Building Mat`Is ON/A 0 Meets Standards, or ❑ Discrepancies: Sect, 9 Incorporate Pedestrian -scaled Features 0 N/A ❑ Meets Standards, or ❑ Discrepancies: Sect. 10, Incorporate Energy -efficient Design ❑ NIA 0 Meets Standards, or ❑ Discrepancies: Next step for applicant: 0 Go to Site Plan Review ❑ Return to Design Review for Formal Review On a motlon by Sara Porter, seconded by Charlie Adams, the Design Review Committee (DRC) voted (3-0) to approve these DRC Comments as meeting minutes for January 29, 2019 for the proposed Seasons Convenience Store and Shell Gas Station at 473, 479 & 487 Station Avenue. Received by Applicant(s) ATTACHMENTS: • January 29, 2019 Agenda • January 25, 2019 e-mail from Kathy Williams, Town Planner • January 29, 2019 e-mail from Dick Martin, DRC Chairman • Aerial Photos: 470/479/487 Station Ave, 446 Station Ave - Shell Station and 433 Station Ave - Sunoco Station. • DRC Application: a Design Review Application form and Materials Specification Sheet o Environmental Analysis Memorandum, dated 12/14/18 o Photos of Two Materials Board for Seasons Corner Store o Plans: All plans prepared by Ayoub Engineering, dated 1118/19, unless otherwise noted: ■ Title Sheet ■ Boundary & Topographic Survey, prepared by Control Point Associates, dated 11/28/18, revised 12/7/18 • C-1 - Site Improvement Plan ■ C-2 - Site Grading Plan • C-3 -Site Utility Plan ■ L-1 - Site Landscape Plan • Title 5 Site Plan, prepared by Down Cape Engineering, dated January 16, 2019 ■ Lighting Proposal Plan, prepared by LSI, dated 12/20/18 ■ SG-2 -- Proposed Signage Plan and Canopy Elevations ■ A1.0 - Basement Floor Plan • A1.1 - Main Level Floor Plan ■ A2,0 - Exterior Elevations (front) • A2,1 - Exterior Elevations (sides) ■ A2,2 - Exterior Elevations (rear) Supplemental Materials distributed at the DRC Meeting o Plant List o Plans: All plans prepared by Ayoub Engineering, dated 1118/19 L-2 -- Proposed Landscape Plants L-3 -- Sloretention Area Plants L-4 — Existing Buffer Trees "I-:_ + 1 L J9-f-T _ G.=I.=) 1 -=aC i_-j-t Appeal#} 3453 THE COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Certificate of Granting of Variapce (General Laws Chapter 40A, Section 11) Date: March 18,1998 The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted To: James MI hnik Address: City or Town: affecting the rights of the owners with respect to land or buildings located at: 487 Station Avenue, South Yarmouth, MA. Assessor's Map: 75 Parcel: MS And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance and that copies of said decision, and of all plans referred to in the decision, have been filed with the Planning Board and the Town Clerk. The Board ofAppeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 1 l (last paragraph) provides that no Variance, or any extension, modification or renewal thereof shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days (20) have elapsed after the decision has been Sod in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the na= of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. David S, Reid, Clerk tiI-% = I 1 _iU14— c:�::_fz} TOWN OF YARMOUTH BOARD OF APPEALS DECISION- E.. 0. D ' FEB 26 P12 :53 FILED WITH TOWN CLERK: February 26, 1998 PETITION NO: HEARING DATE: PETITIONER: PROPERTY: #3453 February 12, 1998 .lames Machnik 1533 Route 29 Centerville, MA 02632 487 Station Avenue, South Yarmouth Map: 76 Parcel: M8 Zoning District: B1 MEMBERS PRESENT AND VOTING: David Reid, Chairman, Joseph Sarnosky, James Robertson, John Richards, Audrey Miller, Non -voting Alternate, Paul Willem. Notice of the nearing has been given by sending notice thereof to the Petitioner and all those owners of property deemed by the Board to be affected thereby and as required by statute, and that public notice of such hearing has been given by publication in The Register. The hearing was opened and held on February 12, 1998. The Petitioner requested a Variance from the term of the Yarmouth Zoning By-law under Section 301.4.1 to allow a 4,295 square foot office building with parking in front of the building as shown on the plan due to the unusual shape of a portion of the lot and lot configuration and location and substantial front yard requirement on Station Avenue. The following appeared in favor of the petition: Myer R Singer, attorney for the Petitioner; James Machnik, Petitioner; and David Bennett of Sennett & O'Reilly, Project Engineer. The following appeared in person or through correspondence in opposition to the petition: Route 28 Task Force and Yarmouth Planning Board. The Board reviewed the information submitted by the Petitioner including a site plan of the land indicating Zoning By -Law requirements regarding parking areas. The Petitioner presented the following information and the Board finds the following as facts in support of its decision. The office building will be in a B1 Zoning District and the Aquifer Protection Overlay District (APD). The proposed office building use is an allowed use in both the zoning district and the APD. The building setback of 75 feet, the required number of parking spaces (but not their location), side and rear yards, building height and site plantings are all provided. The petitioner represented that due to the unusual shape and topographical conditions of the lot, a variance from §301.4.I is required. The southwesterly portion of the lot has an unusual shape. The only access to the usable area is through a "neck" only 20 feet wide. Buffer areas totaling 20 feet in width cannot exist in an area 20 ft. wide without completely blocking access to the rear of the neck. Relief is requested for parking in front of the building. In addition to the above, particularly the near "neck" of land, the conditions of the substantial front yard requirement for Station Avenue, the imposition of no parking between the building and Station Avenue, and the Board of Health requirement regarding open space on the lot, result in s hardship if parking in the front yard area along Station Avenue is not allowed. The 75 ft. set back requirement, in effect, removes approximately 11,000 sq.ft. from the lot. The odd shape portion of the lot in the southwest comer contains approxkmtely 7500 sq.ft. of land. The meaningful usable area of the lot thus becomes only 21,000 sq.ft. - approximately 50% of its total area. The following information was received by the Board from members of the public: The Route 28 Task Force and the Yarmouth Planning Board each expressed its concerns and comments in letters which were read and made a part of the record. Each body was primarily opposed to the proposed parking in front of the office building. The Board of Appeals, after giving due consideration to the facts and information presented, is satisfied that the Variance requested can be granted in confornuly with the Town of Yarmouth By -Law and the State law. Tbe- unusual shape of the lot and setback requirements result in the loss of use of a significant portion of the land, a financial hardship, if'the Zoning By -Law is literally enforced. The variance will not result in a substantial detriment to the public good nor substantially derogate from the intent of the By -Law because the parking area as proposed will not create the impression of over -building, will provide for parking in a safe and efficient manner, will not negatively impact on any abutters, and a portion of the property that had been devoted to motor vehicle parking use will be re -vegetated. A literal enforcement of the By -Law will result in a hardship on the customers of the office building and, in turn, on the appearance and success of the office building. The Board members also give consideration to the fact that the visual and practical "front" of the building, and all entrances and exits from the lot, will actually be to the northerly boundary, abutting the private driveway/right of nay. There will not be any curb cut onto Station Avenue itself. Instead, there will be an approximately 30' uninterrupted vegetated buffer strip across the entire front (width) of the lot. However, concerns were also voiced that the petitioner could eliminate the front spaces, and comply with the bylaw fully,.by simply eluninating a portion of the conference room area of the planned building. This would, in and of itself, eliminate the need for these extra spaces. -2- Therefore, a motion was made by Mr. Robertson, seconded by Mrs. Miller, to grant the Variance as requested. Members of the Board voting in favor of the motion: Mr, James Robertson, Mrs. Audrey Miller, Mr. John Richards and Mr. Joseph Sarnosky. Members of the Board voting in opposition: Mr. David Reid. Therefore, by a vote of four in favor and one opposed, the Petitioner's request for a Variance from §301.4.1 of the Zoning By -Lave to allow construction of an office bading on the lot with parking, as shown on a plan entitled "Site Plan, Professional Office Building, Assessor's Map 76, Parcel M-8, Station Avenue, for Mr. Jim Machr&, 1533 Falmouth Road, Route 28, Centerville, MA 02632, By Bennett & O'Reilly, Inc., 1573 Main Street, P.O. Box 1667, Brewster, MA 02631, (508) 896-6630, dated December 3, 1997 and Last revised January 12 , 1998," is granted. No permit shall issue until 20 days from the ding of this decision with the Town Clerk. Appeals from this decision shalt be made pursuant to MGL c40A §17 and mast be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk -3. Bl< --I] :�404-- 2,368 19284 TOWN OF YARMOUTH BOARD OF APPEALS CERTIFICATION OF TOWN CLERIC I, George F, Barabe, Town Clerk, Towr, of Yarmouth, do hereby certify that 24 days have elapsed since the filing with me of the above Board of Appeals decision #3453 and that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been disnnissed or denied. George F. arabe +y ' ! `• Town Clerk �'• ,. BARNSTABLE REGISTRY OF DEEDS CLERKCER WPD THIS PAGE INTENTIONALLY LEFT SLANT{ THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT SLANK - .ZARNSTABLE REGISTRY OF DEEDS TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: October 7, 1998 PETITION NO: HEARING DATE - PE TITIONE R; PROPERTY: #3505 September 24, I998 James & Teresa' ,Machnik; Trustees of Today Reath° Trust 390 Station Avenue, South Yarmouth Map: 76 Parcel: M8 Zoning District: B1 MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John Richards, Joseph Sarnosky, Michael Jones, non -voting alternate Paul Wakem. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner seeks variances from the bylaw's dimensional requirements, in order to be allowed to construct a bulkhead and exterior stairway on the southerly side of the building, each of which will encroach upon the side -yard set -back requirement. The site and building were the subject of an earlier decision (#3453, which is incorporated herein by reference). The petitioner represents that, after commencing construction and pouring the foundation, it was discovered that the basement access bulkhead and planned exterior stairway, each located on the southeasterly side of the building, would violate the set -back requirements. The applicable requirement is 25', while the bulkhead would be only 21.6' and the stairs only 23.9' from the lot line. The petitioner represents that both of these features were shown on the building plans filed with the Building Department, although they were not on the plans filed with the site plan review team nor with this Board at the earlier hearing. The petitioner, represented by Attorney Myer Singer, represents that this was a design oversight only, and that the features were not new changes to the plans. The bulkhead will be the sole exterior access to the basement area. The stairs will be a fire safety second -means -of -egress for the second floor areas., The majority of the Board members are sympathetic to this sort of construction oversight. Under appropriate circumstances, relief may be granted to cure such situations, especially where the encroachment is minimal and the hardship is substantial. However, members also expressed the opinion that in this instance, the petitioner is at the early stages of construction, and that both -i- basement access and second Boor access can be provided within the building's footprint, and without encroaching upon this side yard, which is provided only at a minimum level at this time. Accordingly, a motion was made by Mr. Richards, seconded by Mr. Robertson, (for sake of discussion) to Grant the Variances from the side yard set -back, as requested. Mr. Richards voted in favor of the motion, Mr. Reid, Mr. Robertson, Mr. Sarnosky and Mr. Jones voted against the motion. As no fw1ber motions were made, the petition is deemed to have been denied. Appeals from this decision shall be made pursuant to MGL c40A § 17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk -2- A C _ l ro vza�u 7 K m w O � O o Z w� .zE i Z D D D f]1 V7 z � ox � O - ii m z a Z 4 d z z E E 000 n n n 0 z z � m mm r ao rr, "Q Au'Y' �n�cn�xz vy�noFri o OO��v1� VZi �7O.Z�7-i Z 00 b OOC C7 �z z '-q xQ ci 40 XO X z `^ -,rr*,rcZ; �d0 z a z v`r^F^r-a D --I cl ��a m clm cl fil r C z rri OX �O Un J V1m0 O O� rxTl O Z M r rri O �lpG17Z0 ��\�ObO m0� bc1�_' I QmD r<iy O rri O a 0 0 N Z U1 Y1 �'"' O i�T7 O d r D ��oclviro mm oDoC) a (Dm m o - _--- - COLBEA ENTERPRISES, LLC AYOUB REV61ON5 €3$ 231;A"$'x ob ads -_ �°'"°�°a�u�H°}I°;A s, 75TARLINE WAY, CRANSTON, RI E�tl1XeE��� E#��y5-�;4g �sm o� - °eia4' SEASONS CORNER MARKET�i{=5£333'9a' M 9i3. 42989E7 STATION AVENUE. YMMOU7H NA ".—I- R.—Ss�. 02861 yQ' 3F-3 4bE s� ° jip•ig.1;24 nis i5 s APIJ IMPROVEMENT PLAN 40i-]28-5533 ga1,3�a-5p�€ag ZONING DATA A55EWMS HAT 97 RE74UIRED. EXISTIMG., PROWDW.' LOTS I (22538 SF), 2 (21.439 SF) & PORnON OF LOT 3 (7,20 SF) TONE: R-r US — AQUIFER PROTECnON OYERLAT QSMCT BU9.OING Sf INACKM NWINuk FRONT YANG, 75. - 4.S.Y (CANOPY) MIHINUM SUE YARD 25' - 39.0' (CANOPY) 33.r (mmwm) MIMMUN REAR YARD 20' - 71.T' (61ALOWG) BWLDINC REGOIRENENIS MINIMLW tor AREA 2S.000 S.F. 5].262 S.F. 41,262 S.F. (COMBINED) MIAINIW LOT FRONTAGE rSU' 291.98, 291.28' m"NUM LOT COVERAGE BY STRUCmRE 25.5 - 147T MAJOMUM MA NG Pc6w M. - 34't (TCF OF CUPOLA) PARKING REQBREMIMM. NEACANAIE 8U9NFSS r SPACE PER 7 OCGLlPANTS BASEMENT STORAGE OCCUPANCY . ABDO SF.I3OU . T2 STREET FLOW OCCUPANCY (STCRAGL/STOCG) . 88B €F./300 . 3 STREET FLOOR SALES AREA MERCAN71LE USE 7 712 SF/3U - 45.E TOTAL °CCVPANCY . 60.2 6G2 OCCPANTS/1 SPACE HF 7 OCCUPANTS . B6 9 SPACES U SPACES 26 VACE5 ZOFe'!G AVFORAGAnfW WA5 r11. 1 FROM TON- OF YARMQFM ZON9FG (A®K9AN'CE ENAC7ED APPIL FI, 978 AS AMENDw.- LAST AMENDED MAY 3. 21F18 LEGEND PROP£RrY LINE ESTSnNG STRUCnATES TO SE REMOVED -- ----- -- PRLP05E0 YARD 11Olr �® GUY 91RE w GUY POLE AREA TIGHT C} sGN —� T METAL GUIDE MC - - PA]NTED ARROWS SQUD Mn7E LNE V m EDcLoGE a FPAVUDW LINE EDGE SN PAYEMENi fO' DASHED 1F.LLOw LNIE LIMN enuMwus CURS x YEARCAL GR"rE CURB I<R WOODEN GLMOE RAI NCR ASSESSORS PLAT 97 LOT 3 487 SrATnAN AYE REMAINING LOT DATA REOUWPn LOT AREA . 25,000 SF EXISTING Tor AREA . 39,804 SF PROPOSED LOT AREA 70 BECOME PART OF LOTS rh2 . 7,253 SF ., LOT 3 RENAMNG LOT MCA . 32,319 SF MAY IMPERWWS AREA . 7OX 00G IMPERVIOUS AREA . 50 JX PROPOSED IMPERVIOUS AREA . S9. \V REQUIRED LOT MONTAGE . 130• EmSnNC OMONTAGE f PROPOSED LOT MONTAGE 150' q� W N. LOr 1 NTLMOSCF JENfEL"Y f.CFU1L LRBY-0REN �asxsF N ,,Fa A17V �PAVEAlEA7'� `� AWurosa - 6 smrANAP \— a1V / P01{11dMDF WPM. iDT9 � \,/ � / 11F VSG,90F � STATpNAVB4fEuS � / MFA•NYRSc 1315Sf � . eU N�B3 1T IJdA" /pU pW CQi PAD [NEW / BY-PASS LANE F Q]NG PI ANEW AN-UALT / PAVING- NEW HFJG NEIY OAOImuNG 1• _ V M7.1�061 I DRIVE-TNRU l9NDOW 8UAR0�0 w/3'.3' CANOPY � o �• SEASONS CORNER MARKET j YNTH DRIVE— THRU APPRO40'X40'/3,600 S.F. >L WITH 3.600 S.F. BASEMENT (0) CM G(1Ev- . ---- ---- -21F —GF -J ON F Yl • V S} 1 /NEw CONfFETE �LURB (11P.] Y l 6a• I d��r^�r'l T IHRt r / _ NEW P099YE LBADNC BAAPoER Tip (PCB) NEW SEATED CONCRETE PAVED PA NG GROOVES COMMU°US Ar PERNETER 73' FRGNT SE7&1CN NEW Inc, CMCPY 23. Q' 1YP 3 z 30K FI:L 12K 57,V: 81( OA NEW "S' CONG, fS-ANO WIMP) .. • e l r e 0 e�e p NCLVDNC 01ESEL TTP. 6 ! 1 NEW 201E CASGLWIE ---- — — DouBLE WALL FTBER55 NE D ERCUW4AH 1N7H >ANL LWG2GZtNO STORAGE TANN5 E REINFORCED CONCRETE LOAGNC MAr MPDIA IU APFA=]1. 9 SRWAGE (4} NEw BLACK APFA N DfALARO UGHIS� �— NEW ro Slpl ) • + n / !3l.A' 1 SWL mu moor 1K61EYAr NEW 3aff ONIENAY 59 /// STATION AVENUE $µSE lcc (1956 COUNTY LAYGUT — 60• VADE) EN]R4A+CF TO ^. S✓'IOPP/h'C PLA7� 1 .SFr