HomeMy WebLinkAbout4801-C-colbeaE C E
VIA. En , ,
Clark, Sandi
From: Williams, Kathleen
Sent: Tuesday, March 26, 2019 2:03 PM
To: Clark, Sandi
Cc: Aguiar, Nicholas; deMello, Rick
Subject: Seasons Convenience Store/Shell Gas Station
Hi Sandi,
The proponent of the Season Convenience Store/Shell Gas Station submitted a Traffic Study as part of their ZBA
application. This was in response to a request made by Nick Aguiar, Yarmouth Civil Engineer, at the Site Plan Review
meeting. Both dick Aguiar, and former Town Engineer, Rick DeMello, reviewed the Traffic Study and requested to have
a peer review of the document. I have reached out to Steve Tupper, Transportation Program Manager at the Cape Cod
Commission, who indicated he would be able to conduct the peer review. However, he would not be available for the
ZBA meeting on April 11t", but noted he would be available on April 25" or a future ZBA meeting. I would appreciate it if
you would relay this information to the ZBA. I will keep you posted as to the status of the peer review on the Traffic
Study.
Thanks,
Kathy
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliams@yannouth.i-na.us
RECEIVED
Clark, Sandi
VIA E-MAIL
From:
Sent:
To:
Subject:
March 14, 2019
Town of Yarmouth
Zoning Board of Appeals
Town Hall
1146 Route 28
South Yarmouth, MA 02664
Re: Petition #s 4801, 4802
Dear Board Members:
Warren Woods <windsurf403@gmail.com>
Thursday, March 14, 2019 S-06 PM
Clark, Sandi
Proposed Seasons Corner Market and gas station - Station Ave.
At the April 11, 2019 Hearing, an application to construct a gas station and Seasons Corner Market on wooded property
adjacent to 487 Station Ave, South Yarmouth will be reviewed. I own a building at 495 Station Ave. that houses my
orthodontic practice and the practices of Emerald Physicians. Both of our practices treat individuals of all ages but my
practice has many children as patients.
Currently, we have clients of the drug rehabilitation center that is located adjacent to our building on Workshop Rd,
constantly trespassing over our property to go across Station Ave. to and from the Stop and Shop Plaza. Those
individuals also have to be told not to park in our parking lot and congregate near the rear entrance to our building but
do so at times. Also, we have noted clients of the drug center walking their dogs and allowing them to relieve
themselves on our property while our lawn maintenance crew has to pick up empty fast food containers, coffee cups
and other trash left by clients of the drug center. The Yarmouth and State Police have found it necessary to regularly
monitor the area.
At times, we have had people from the drug center come into our restrooms and staff waiting room without
permission. We have had to ask them to remove themselves from our building and property.
My concern with the proposed Seasons Corner Market and gas station, is that it will attract the clients of the drug
rehabilitation to purchase items from their store and increase the number of these individuals trespassing over my
property and thereby increase the number of problems we are already having with this clientele.
For the reasons above, I cannot support the applications for the Seasons Corner Market and gas station. Please do not
grant the permits to the petitioners.
Thank You,
Warren D. Woods, D.M.D.
Clark, Sandi
From: Aguiar, Nicholas
Sent: Monday, April 1, 2019 1A8 PM
To: Clark, Sandi
Cc: Williams, Kathleen
Subject: RE: Seasons Convenience Store/Shell Station - Station Avenue
Hi Sandi,
Please see below for a listing of the comments that I have in regards to the application to the ZBA for 473, 479, and 487
Station Avenue (Seasons Convenience Store/Shell Station) in South Yarmouth.
Snow Storage:
• The snow storage area located within the island adjacent to the site driveways should be reconsidered as the
guy wire anchoring for utility pole #24-79.5 may become subject to being dislodged.
• Snow stored over the septic leaching field must not obstruct system ventilation or access to the inspection port.
Title 5 Site Plan:
• Notify contractor that the Title 5-Site Plan utilizes outdated site grading and should not be utilized for obtaining
such information.
Drive-Thru Service:
• Only 8 of the required 10 stacking spaces are provided for the proposed drive-thru service window.
Erosion and Sedimentation Control Plan:
• Temporary Stabilization Notes
o Note #3 should be revised to specify topsoil as being substantially free of deleterious materials such as
stones, roots, and clumps of soil, and completely free of tree limbs, trash, and construction debris.
o Note #6 should be revised to remove language which allows the Owner to dictate temporary
stabilization treatments.
o Note #12 should be revised to limit mulch anchoring techniques to mechanical methods only. Leachates
created by stormwater coming into contact with liquid tackifiers and emulsified asphalt are especially
undesirable given the site's location within the Aquifer Protection District (APD).
Order of Procedure Notes
o Note #2 needs to be revised to more specifically outline the frequency and type of maintenance
activities to occur in regard to the proposed erosion and sedimentation control measures as this
information does not appear in any of the supplied documentation. Compost filter socks and catch basin
filters should be inspected weekly, and after significant storm events, at a minimum. Construction
entrance/exit aprons should be inspected daily. Repairs and maintenance should be provided as needed.
o Note #3 needs to be revised to specify the implementation of temporary stabilization controls upon the
suspension of work for 14 days or more.
• Post -Construction Phase Notes
o Note #2 must be removed entirely as the stormwater management system utilizes infiltration into
subsoils within the APD.
o Note #3 should be generalized to specify the immediate clean-up of any spill of hazardous material. This
provision should also be used to revise the language of the third paragraph of the General Information
section of the Stormwater Operation and Maintenance Plan.
o Note #9 should be revised so as to specify the maintenance of records of all required and performed
maintenance. This provision should also be included within the Operation and Maintenance Plan.
Stormwater Operation and Maintenance Plan:
• Schedule for Implementation of Maintenance Tasks
o The breadth of maintenance tasks, and their respective frequencies, for the proposed bioretention areas
are insufficient. The bioretention area and rain garden maintenance guidance within Volume 2, Chapter
2 of the Massachusetts Stormwater Handbook should be emulated.
o Trash containers must also be specified as being covered so that they are not in direct contact with
stormwater.
• Stormwater Operation and Maintenance Log
o Not all maintenance activities prescribed are included within the log form, and inconsistencies between
the plan and log frequencies of select maintenance activities exist. Revise the form accordingly.
Please feel free to contact me if you have any questions. I hope that this is helpful, and that you have a good day.
Kind Regards,
Nick
From: Clark, Sandi
Sent: Wednesday, March 20, 2019 3:55 PM
To: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Cc: Williams, Kathleen <kwilliams@yarmouth.ma.us>
Subject: RE: Seasons Convenience Store/Shell Station - Station Avenue
Hi Nick,
I think an e-mail from you with your findings will suffice.
Thankyou,
-Sandi
From: Aguiar, Nicholas
Sent: Wednesday, March 20, 2019 3:54 PM
To: Clark, Sandi <SClark@yarmouth.ma.us>
Cc: Williams, Kathleen <kwilliams@yarmouth.ma.us>
Subject: RE: Seasons Convenience Store/Shell Station - Station Avenue
Hi Sandi,
think that April 51h should be enough time to provide input. I will absolutely let you know otherwise. Do you need me to
provide a formal written reply, or would a follow-up email suffice? Thanks so much for your help!
Kind Regards,
Nick
From: Clark, Sandi
Sent: Wednesday, March 20, 2019 2:54 PM
To: Williams, Kathleen <kwilliams@yarmouth.ma.us>; Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Subject. RE: Seasons Convenience Store/Shell Station - Station Avenue
TOWN OF YARMOUTH
1 146 ROUTE 28. SOUTH YARMOUTH. MASSACHUSETTS 02664-24451 BOARD OF
Telephone (508) 398-2231 Ext. 1285. Fax (508) 398-0836 APPEALS
MEMORANDUM
To: Departments
From: Board of Appeals
Date: April 2, 2019
Subject: APD Special Permit and Variance Filing: Petition #4801 & #4802,
Colbea Enterprises, LLC, 473 Station Avenue, 479 Station Avenue
and 487 (portion) Station Avenue.
Attached is a copy of the application for the location listed above of:
Colbea Enterprises, LLC, 473 Station Avenue, 479 Station Avenue and 487 (portion)
Station Avenue for a 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: B1; 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 Bl 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 94802: 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 44801 to amend
Decisions 43453 and 43505 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.
The Petitioner is scheduled for a hearing before the Board of Appeals on April 11,
2019. This prooect is extensive and the plans, traffic study, stormwater Mp ort
and environmental peer review, have been filed. If vou would like copies of the
plans and/or reports, please e-mail me and I will provide them or stop by the
office to review.
If you have any comments to provide, please do so (e-mail:sclark@yarmouth,ma.us) by
Tuesday, April 9, 2019.
Thank you.
CC:
Fire
Health
Planning
Building
Conservation
Water
DPW -Jeff Colby
Nick Aguiar
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YAR'170UTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 exL 1240, Fax (-508) 760-3472
BOARD OF HEALTH
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Bruce G. Murphy, Director of Health k &
Carl E. Lawson, Jr., Hazardous Waste Inspector Cz,
SUBJECT: Proposed New Seasons Convenience Store and Fuel Station
473 — 487 Station Ave.
South Yarmouth
Petition # 4801 & 4802
DATE: April 3, 2019
Colbea Enterprises, LLC is scheduled to appear at the next Board of Health meeting on April 22
regarding their proposal to develop 473 — 487 Station Ave. with a Shell Fuel Station and convenience
store.
This location is within the Aquifer Protection District for the public drinking water supply.
The Board of Health will review and comment on:
1) Installation of new underground fuel storage tanks (USTs) in the amount of 40,000 gallons total
2) Removal of all present USTs including those storing vehicle fuels, waste oil and heating oil
from the Shell Station at 446 Station Ave. and the Sunoco Station at 433 Station Ave.
3) Installation of new aboveground storage tanks for home heating oil and waste oil (Shell
Station) and heating oil only (Sunoco Station)
4) Proposed handling and storage of toxic or hazardous materials for the new store
5) Title 5 septic system design
6) Title 5 septic system nitrogen loading
Additional land required for compliance with State Title 5 nitrogen loading regulation.
7) Any other Oublic-health regulation compliance issues.
1
Jly&ve]CILpon 1L ealiy
Established 1956
April 3, 2019 20 NORTH MAIN STREET
SOUTH YARlMOUTH, MA 02664-3143
TEL: 508-398-2293 - 800-822.3422 • FAX: 508-394-6765
www.thedavenportcompanies.com
Board of Appeals
1146 Route 28
So. Yarmouth, MA 02664-0836
Re: Petition #4801 and #4802
Dear Members of the Board:
RECEIVE
VIA E-MAIL
As the owner of 31 Workshop Road and having received an Abutter's Notice of the hearing scheduled for
April 11, 2019, please allow this to serve as opposition to the Petitions and relief sought forthe properties
at 473,479 and 487 (portion) Station Avenue.
While cleverly described as a "rare opportunity," simply put, the project in no way legitimately meets the
standard for Variance relief. There is no circumstance owing to shape, soil condition, nor topography to
justify deviating from the 75-foot required front setback by over31 feet. The combined properties do not
provide enough area for what is proposed, and the Appeals Court has ruled that the insufficient size of a
lot is not a shape factor. Similarly, there is no shape, soil condition, nor topographic feature to warrant
the requested Use Variance for Motor Vehicle Fuel in the APD. Furthermore, the Town expressly prohibits
underground fuel tanks in the APD, and while once again the Variance criteria cannot be met, it also
appears that the Zoning Code does not provide for Variance relief of this nature. Respectfully, the Board
does not appear to have the authority to grant such a Variance under Section 406 even if a colorable
argument could be advanced; and one cannot be in this instance.
The proposed access and egress pose serious issues as well. Left turns out of the Stop & Shop plaza are
difficult at best now, and will only be exacerbated with potentially two new egress points creating
increased hazard and congestion with motorist attempting to turn left, and should those motorists be
delayed (and they will) then the drive through cars waiting in the cue and those fueling will back up causing
internal site congestion and conflict with likely back-ups on Station Ave. for those looking to enter the
site. it is thus foreseeable this congestion will adversely impact cars at the traffic light to the North at
White's Path and Workshop Road.
Contrary to the Applicant's assertion, the certain traffic and congestion issues associated with this
proposal, along with the introduction of 40,000 gallons of fuel underground in an area designated for
special protection do not better protect both the business and natural environment along and in this
portion of Station Avenue. Coupled with the fact that the Variance criteria cannot be met, this application
should be denied.
Thank you.
Davenport Realty Trust
De itt P. Davenport, Trustee
Affiliates: AiE Cape Self Storage • Blue Rock Golf Resort • Cape Cod Fence Co. - Davenport euildina Co.
Kingsbury Aviation • Kingsbury Management Co_ • Red Jacket Resorts - Thiirwood Place Senior Living • The Shops at Yarmouth Crossing
April 4, 2019
Town of Yal-Mouth Zoning Soard of appeals
1146 Route 28
South Yarn -south, MA 02664
RE: Petitions #4801 and 4802 Colbea Enterprise;, LLC
Dear Zonirrg Board Nlembers:
Station Avenue LLC, the owner of the property located at. 487 Station Avenue (Today Re,
Estate). ha,,i reviewed the pl;ami and discussed the proposal li-ith the applicant. As an
11 .mediate, abutter, wee are in favor of the proposed development and encourage the Board of
Appeals to approve the relief requested. In conjunction with closing th;, Mo older gas
stations nearby along Station ;Io enue, this development will r-esult in a posit1Ve eCoi"lolll;i,
and environmental benefit to t-'.P cor"Mercial zone along Station Avenule and the Town of
Yarmouth.
Thank you for your consideration for the applications.
Ji1 c r:-i,Y.
JaritieS Ma,,hnik
Manager
C"; E iVIF- D
RECEIVED
Clark, Sandi VIA E-MAIL
From: Huck, Kevin
Sent: Thursday, April 4, 2019 4:30 PM
To: Clark, Sandi
Subject: 487 Station Ave.
Hi Sandi,
Yarmouth Fire Department supports the application, subject to applicable submissions, permits and inspections.
Capt. Huck
Clark, Sandi
From: Williams, Kathleen
Sent: Tuesday, April 9, 2019 5:52 PM
To: Clark, Sandi
Cc: Aguiar, Nicholas
Subject: CCC Traffic Study Peer Review - Seasons Convenience Store/Shell Gas Station - Station
Avenue
Hi Sandi,
Please forward the e-mail below from Steven Tupper, Transportation Program Manager at the Cape Cod Commission, to
the ZBA and the applicant for Petition #4801. At the request of the Engineering Department, Mr. Tupper is conducting a
peer review of the Traffic Study submitted by the applicant. He is unable to complete his full review prior to the April
11'" Public Hearing, but grill have it available for the next scheduled meedn; on May V'
Thanks:
Kathy
Kathy Williams, IT
Yarnl')uth 1 mn Planner
1 146 Route 28
yciuth Ya1-1110llth. INIA 02664-=449-1
(508) 398-2231 l;xt 1276
kNvi llianis. et�yannouth.ma.us
From: Steven Tupper lmailto:stupper@capecodcommission.org]
Sent: Tuesday, April 9, 2019 5:20 PM
To: Williams, Kathleen <kwilliams@yarmouth.ma.us>
Cc: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>; deMello, Rick <RdeMello@yarmouth.ma.us>; Colleen Medeiros
<colleen.medeiros@capecodcommission.org>
Subject: RE: Seasons Convenience Store/Shell Gas Station - Station Avenue
Kathy,
We have completed our preliminary review of the traffic study. We have concerns about a number of elements of the
traffic study and the ability of the traffic study to accurately represent the anticipated impacts of the proposed
development on the roadway network.
As requested, we will summarize our review in a peer review memorandum. We will have the memorandum to you by
April 25", two weeks in advance of the potential ZBA meeting on May 90 We are available to attend the ZBA meeting
May 9".
Thanks,
Steve
Steven Tupper
Transportation Program Manager
Cape Cod Commission
Clark, Sandi
From:
Greene, Karen
Sent:
Wednesday, April 24, 2019 3:08 PM
To:
'Andrew Singer'
Cc:
Clark, Sandi
Subject:
RE: Land Disposition Policy
Attachments:
FW: Land Purchase Request
Hi Andrew
Regarding this request as it relates to your ZBA proposal, please see attached email correspondence.
Thanks,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
kgreene@yarmouth.ma.us
508-398-2231 x1278
From: Andrew Singer (mailto:ALSinger@singer-law.com]
Sent: Wednesday, April 24, 2019 1:24 PM
To: Greene, Karen <KGreene@yarmouth.ma.us>
Cc: Dwelley, Christopher <CDwelley@yarmouth.ma.us>; Senteio, Eduard <ESenteio@yarmouth.ma.us>; Knapik, Daniel
<dknapik@yarmouth.ma.us>
Subject: RE: Land Disposition Policy
Thank you, Karen. We are looking forward to working with you on this.
Andrew
From: Greene, Karen <KGreene@yarmouth.ma.us>
Sent: Wednesday, April 24, 2019 12:19 PM
To: Andrew Singer (alsinger(@singer-Iaw.com) <alsinger@singer-law.corn>
Cc: Dwelley, Christopher <CDwellev@yarmouth.ma.us>; Senteio, Eduard <ESenteio@yarmouth.ma.us>; Knapik, Daniel
<dknapik@yarmouth.ma.us>
Subject: FW: Land Disposition Policy
Hi Andrew
Thanks for your offer to meet. I am working with Chris to help him get a process established and will be in touch with
any questions.
Regards,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
kgreene@yarmouth.ma.us
508-398-2231 x1278
From: Knapik, Daniel
Sent: Wednesday, April 24, 2019 12:13 PM
To: Greene, Karen <KGreene@yarmouth.ma.us>
Subject: FW: Land Disposition Policy
Fyi — can you follow up with Mr. Singer?
From: Andrew Singer [mailto:ALSin er sin er-law.com]
Sent: Wednesday, April 24, 2019 9:07 AM
To: Knapik, Daniel <dknapik@yarmouth.ma.us>; Dwelley, Christopher <CDwelle armouth.ma.us>
Cc: Senteio, Eduard <ESenteio armouth.ma.us>
Subject: Land Disposition Policy
Good Morning Gentlemen,
I am writing to follow up the three Request for Real Property Forms that I recently submitted on behalf of my client in
conjunction with the ongoing Seasons Corner Market/Shell Gas Station development proposal on Station Avenue in
South Yarmouth. I was interested to see the Board of Selectmen's discussion on the Charge for the Land Disposition
Committee last night. Now that it has been approved, as Staff continues to review the proposal and the Committee gets
up and running, we would be happy to meet with you and them and answer any questions as the process proceeds.
Thank you.
Andrew
Andrew L. Singer
Law Office of Singer & Singer, LLC
26 Upper County Road
P.O. Box 67
Dennisport, MA 02639
(508) 398-2221 (tel)
(S08) 398-1568 (fax)
www.singer-law.com
Confidentiality Notice: This electronic transmission and the information contained herein is being transmitted to and is
intended for the use of the individual(s) to whom it is addressed. If the reader of this message is not the intended
recipient, you are hereby advised that any dissemination, distribution or copy of this transmission is strictly prohibited.
This transmission may also constitute an attorney -client communication that is privileged at law. If you have received
this transmission in error, please immediately notify the sender by return e-mail or telephone (508) 398-2221 and delete
the transmission in its entirety.
VA E-UIAIL
3225 MAr^N STREET P.O. BOX 226
3ARNSTrABLF ;VIASSAVCHUSETTS02630,
508. 352-3828 • Fax
Delivered via email
April 24, 2019
Kathy Williams
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA o2664
Re: Cape Cod Commission Traffic Study Peer Review
Proposed Seasons Convenience Store & Gasoline Station
473, 479 & 487 Station Avenue, Yarmouth
Dear Ms. Williams,
CAPE COD
Commissiord
At the request of the Zoning Board for technical assistance for the review of the Traffic Impact
and Access Study (TIAS) for the above -referenced project, Cape Cod Commission staff provides
the following comments.
As presented by the Applicant, the project involves the construction of a new Seasons
convenience store and gasoline station at 473, 479 & 487 Station Avenue in Yarmouth. The
existing site is currently undeveloped. The project proposes to construct a 3,600 square foot (sf)
convenience store, including a coffee -shop drive -through operation, with six gasoline pumps (12
fueling positions) and 28 total parking spaces. Access to the site is proposed via two new full -
access site driveways on Station Avenue.
This proposed development does not appear to exceed any development thresholds that would
require mandatory Cape Cod Commission Development of Regional Impact (DRI) review. In
addition, the project does not trigger review under the Massachusetts Environmental Policy Act
(MEPA) as Station Avenue is under Town jurisdiction and does not require a MassDOT permit.
As such, Commission staffs comments herein are more generalized than would be provided if
the Project was subject to and under DRI review by the Commission.
Transportation -related materials provided by the Zoning Board and reviewed by Cape Cod
Commission staff include the Applicant's Traffic Impact and Access Study and Appendix dated
March 11, 2019 prepared by VHB, Inc.
A
fs�cHUs�-.
Cape Cod Cbmtnission Traffic Stod'N, Peer Review
Proposed Seasons Corner _l►arket — Station AN enue.. Yarniotiti:
Cape Cod Commission staff suggests that the transportation -related materials were prepared in
a professional manner and generally follow standard industry practices, including the data
collection, seasonal adjustments, background traffic growth and the crash analysis. However,
Cape Cod Commission staff have identified a few areas that additional review is recommended
as noted below.
Study Area
The study area was limited to proposed site driveways on Station Avenue, which included the
existing Stop and Shop driveway. However, there are two major signalized intersections on
Station Avenue to the north (White's Path) and the south (Old Town House Road), which will
likely experience additional traffic volumes associated with the new development.
o Commission staff recommend the Applicant expand the study area to include the
intersections of Station Avenue and White's Path and Station Avenue and Old Town
House Road.
Volumes
The TIAS reports that traffic counts were performed in January 2019 at the existing intersection
of Station Avenue and the Stop and Shop driveway. The traffic counts were performed during
the weekday morning, weekday afternoon and Saturday midday peak periods which generally
coincide with the peak periods of the proposed use and the adjacent roadway network. The
existing traffic volumes were seasonally adjusted appropriately to represent a summer peak
period in accordance with the Cape Cod Commission seasonal adjustment factors. It appears
there may be an error on Figure 2 for the existing Station Avenue southbound through
movement during the weekday afternoon peak hour, however, it appears that the volume error
was corrected as part of the future No Build and Build conditions.
o Commission staff recommend that the applicant review Figure 2 and make any necessary
corrections.
Crash
The crash analysis included the most recent five years available from MassDOT and concludes
that there were no crashes at the study area intersection, however, it is unclear which
intersection(s) were included. Based on a cursory review, it appears there might have been
crashes that occurred in the vicinity of the existing Stop and Shop driveway on Station Avenue.
o Commission staff recommend the crash analysis be updated to capture crashes at the
existing Stop and Shop driveway and include the additional study area intersections on
Station Avenue as noted previously. The Applicant should also consider performing a
segment crash analysis for Station Avenue in between the two signalized study area
intersections to determine the crash history for unsignalized intersections within the
two-way left -turn lane (TWLTL) segment.
Trio Generation
The vehicle trip generation analysis was based on data from the Institute of Transportation
Engineers (ITE) Trip Generation Manual, loth Edition using ITE Land Use Code 96o — (Super
Convenience Market/Gas Station) based on the number of fueling positions. Cape Cod
Commission staff agrees that this is an appropriate characterization of the proposed use as the
Page 2 of 4
Cape Cod Corn:nission Trafti, Strrd� Peer Re%ieiv
Proposed Seasons Corner �Iar k t — :titration Asti entie. Yarmolitii
convenience market is over 3,000 sf and has at least io fueling positions at the gas pumps. The
proposed super convenience store is projected to generate approximately 2,700 vehicles/day
with approximately half of the vehicle trips being attributed to pass -by traffic, which are vehicles
that are already on the adjacent roadway network today.
However, it appears that the trip generation associated with the coffee shop with drive -through
operation was omitted from the analysis.
o Additional information regarding the expected drive -through trip generation and queues
will be beneficial to understand the impacts on -site and to ensure queueing does not
spillback onto Station Avenue. Additionally, Table 2 should be revised as the time
periods are incorrectly labeled (i.e. Weekday Daily represents Weekday Morning, etc.).
Capacity Analysis
Though Cape Cod Commission staff suggests that the capacity analysis was completed in
accordance with standard industry practices, staff has concerns about the projected operations
for the proposed unsignalized site driveways. It is also unclear if proper consideration of the
Station Avenue TWLTL configuration was incorporated as part of the capacity analysis.
According to Table 3, the northern site driveway is proposed to operate at LOS F and over
capacity under all three 2026 Build peak hour scenarios. Constructing a new site driveway that
is expected to operate over capacity is unacceptable as this would result in a safety hazard. The
projected 96th percentile vehicle queues at the northern driveway are expected to be
approximately 10-12 vehicles during the peak hours and it is unclear where these vehicles will
stack on site.
The southern site driveway is also expected to operate at LOS F under all three 2026 Build peak
hours, but it is expected to operate under capacity. The projected 95rh percentile queue for the
southern site driveway is expected to be approximately five cars.
o The Applicant should perform additional data collection and analysis to re -confirm
projected operations. Site circulation and access management techniques (discussed
further below) should also be investigated to alleviate congestion. In addition, a signal
warrant analysis could also be investigated for the northern site driveway/Stop and Shop
driveway on Station Avenue.
Sight Distance
Maintaining safe sight distance from site driveways onto roadways is critical for the safety of the
travelling public. To this end, the Cape Cod Commission commonly conditions its regulatory
decisions to require that "no signs, vegetation, or other visual obstructions be placed in a
manner that would create an obstruction to safe sight distance at the site driveways." The
TIAS included a sight distance analysis which shows that the proposed site driveways are
expected to provide adequate sight distance for the posted speed limit.
o Sight distances should also be compared against the 86th percentile speeds.
Page 3 of 4
Cape Cod Coniinission Traffic Stud, Peer Revie«v
Proposed Seasons Corner Market — Station :NN enue. Y arniout€z
Additional Comments
In addition, Cape Cod Commission staff offers the following additional transportation
comments that were not discussed in the TIAS that the Zoning Board might consider in its
review and decision -making on the project:
• Trip Reduction Measures: Commission staff recommend the Applicant discuss healthy
transportation options for employees and customers and propose potential trip
reduction measures to help encourage alternative modes of transportation to the site.
• Healthy Transportation: The Cape Cod Commission encourages healthy transportation
options and the installation of sidewalk connections where possible. It appears that
there is a worn walking path on the west side of Station Avenue along the property
frontage today. Commission staff recommends that the Applicant consider installing
sidewalk on Station Avenue to allow for future sidewalk connections and consider
pedestrian connectivity into the site from Station Avenue and possibly from abutting
properties. In addition, a bicycle rack should also be considered to support healthy
transportation.
• Access Management: Commission staff suggest the Applicant consider access
management techniques to limit the number of conflict points with the construction of
two new full access curb cuts on Station Avenue (i.e. shared driveways, one-way traffic
flow, turn restrictions, etc.).
• Site Circulation: It would be helpful for the Applicant to depict/describe site circulation
for all vehicles including gasoline tanker trucks and vehicles with trailers, as well as on -
site queuing for the drive -through operation and vehicles exiting the site.
If you have questions, please do not hesitate to contact its.
Sincerely,
CrF�e�fi,�
Colleen Medeiros, P.E.
Cape Cod Commission Transportation Engineer
Cc: Randall C. Hart, VHB, Inc.
Patricia Daley, Cape Cod Commission, Deputy Director
Jonathan Idman, Cape Cod Commission, Chief Regulatory Officer
Steven Tupper, Cape Cod Commission Transportation Program Manager
Page 4 of 4
RECEIVED
VIA E-MAIi
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 ext. 1240, Fax (508) 760-3472
BOARD OF HEALTH
MEMORANDUM
TO: Zoning Board of Appeals (ZBA)
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector
SUBJECT: ZBA Petition Numbers 4801 and 4802
Proposed New Seasons Corner Market Convenience Store and
Shell Fuel Station
473 -- 487 Station Ave.
DATE: May 7, 2019
ac aroun
Colbea Enterprises owns and operates a chain of fuel stations and convenience stores
in Massachusetts, Rhode Island and New Hampshire. Colbea Enterprises owns the
property at 446 Station Ave. which is a Shell brand gas station yet it is operated by a
separate party, The station includes fuel sales, motor vehicle repair and limited retail
sales of convenience store items.
Proposal for New Operation at 473 — 487 Station Ave.
Colbea Enterprises proposes to build a new convenience store and fueling station on
presently vacant property at the above address. Motor vehicle repair is not included in
this operation.
This location is within the Town's Aquifer Protection District (APD) for the public drinking
water supply.
The Health Dept. has been informed the fueling system will consist of the following.
1) Two 20,000-gallon, fiberglass, double -walled underground storage tanks (UST)
each with both electronic leak -detection monitoring and water -intrusion
monitoring. One tank will store 20,000 gallons of gasoline while the other tank will
have two compartments: one 12,000 gallon for gasoline and one 8000-gallon for
diesel. Therefore, a total of 40,000 gallons of fuel storage in USTs is proposed.
2) Double -walled, polyethylene piping with leak detection monitoring.
3) Double -walled fuel dispenser sumps with leak detection monitoring. These
sumps are containment units that will hold fuel in the event of a leak within the
fuel dispenser.
4) Double -walled UST sumps with leak detection monitoring. These are
containment units on the top of each tank where the piping between the tanks
and the dispensers connects to the tanks.
5) Double walled spill buckets. These are five -gallon, containment units on the top
of each tank fill port for the purpose of capturing minor spills resulting from UST
filling.
6) A concrete fueling pad with positive limiting barrier (PLB) grooves surrounding all
fuel dispensers to capture minor fuel spills from customer fueling.
7) A continuous leak detection monitoring alarm system that will alert onsite
personnel during work hours and the on -duty environmental manager and
maintenance company during hours when the business is closed.
8) Six fueling dispensers each equipped with two nozzles to fuel potentially twelve
vehicles at one time.
9) A canopy above the fueling dispensers.
10)An automatic fire suppression system designed in compliance with State fire
code.
Proposed Risk Reduction to A uifer
If allowed by the ZBA to complete this new vehicle fueling station Colbea will have other
USTs removed from two nearby fueling stations both located within the APD.
433 Station Ave.(Existing Business: Station Ave. Sunoco
Colbea does not own this property, yet has made arrangements to have the following
UST removed with a deed restriction placed against future fuel storage and sales on the
property.
Tank # Capacity
Material Stored Tank Material
Construction Type
Year Installed
1 8000 gal.
Gasoline Fiberglass
Double -walled
1986
2 8000 gal.
Gasoline Fiberglass
Double -walled
1986
3 8000 gal,
Diesel Fiberglass
Double -walled
1986
2
The following UST will be removed and replaced with the same capacity aboveground
storage tank (AST) with secondary containment to meet present Health Dept.
Regulation.
Tank # Ca aci Material Stored Tank Material Construction Type Year Installed
4 1000 gal. Heating oil Fiberglass Unknown 1986
446 Station Ave.(Existing Business: Station Ave. Shell
Colbea owns this property and proposes to remove the following UST with a deed
restriction placed against future fuel storage and sales on the property.
Tank # Ca aci
Material Stored Tank Material Construction Type
Year Installed
1 6000 gal.
Gasoline
Fiberglass
Single -walled
1970
2 6600 gal.
Gasoline
Fiberglass
Single -wailed
1970
3 8000 gal.
Gasoline
Fiberglass
Single -walled
1970
4 12,000 gal.
Gasoline
Fiberglass
Double -walled
1988
The following USTs will be removed and replaced with the same capacity ASTs with
secondary containment to meet present Health Dept. Regulation.
Tank # Capacity Material Stored Tank Material Construction T e Year Installed
5 500 gal. Heating oil Fiberglass Unknown 1988
6 500 gal. Waste oil Fiberglass Unknown 1988
Therefore, Colbea Enterprises proposes to have removed a combined total volume of
56,000 gallons of fuel storage from 433 Station Ave. (Sunoco) and 446 Station Ave.
(Shell) in return for being allowed to install a total of 40,000 gallons of fuel storage at the
proposed new 473-487 Station Ave. site.
Town Water Consultant Review
The project, was also reviewed by Kirsten Ryan of Kleinfelder, the Town's water
consultant. In an email on March 20 to Jeff Colby, DPW Director and Gary Damiecki,
Interim Water Superintendent Ms. Ryan wrote:
"Hi Jeff and Gary
1 took a quick look at this report. The consultant reached a similar conclusion as we did
in reviewing the prior proposal for the site (Cumberland Farms). I agree the risk to the
aquifer is less than current conditions in that the proposed project would store less fuel,
slightly farther away and with newer equipment technology. 1 recommend as 1 did prior
that 1) the Board of Health verify that the design is in accordance with all
Massachusetts Stormwater Standards 2) The Town require the developer to retain a
third party engineer/LSP to provide a certification that the project was constructed and
installed as designed and passed all start up and commissioning tests to verify proper
operation, 3) The facility is required to submit a third -party compliance inspection to the
MassDEP every three years. The Town should require the owner to provide a copy of
3
this report be submitted concurrently to the Board of Health and Water Department, 4)
the proposed new underground storage tanks have a 30-year service life. The Town
should consider employing a mechanism to trigger a notification or permit renewal
requirement so that the service life is not exceeded.
I hope this is helpful,
Kirsten"
Regulatory Items
1) It is understood Seasons Corner Market will need Town Zoning Bylaw relief from
the Zoning Board of Appeals (ZBA) in order for the business to store toxic or
hazardous materials in excess of normal household quantities within the APD.
2) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or
Hazardous Materials," effective May 2, 1990, and licensing requirement is
applicable to this proposal as the involved quantities of materials are in excess of
the licensing threshold of 10 gallons. The regulation includes, but is not limited to,
150% volume secondary containment of toxic or hazardous materials.
3) The project must comply with 310 CMR 15 (CMR = Code of Massachusetts
Regulations), Massachusetts Title 5 Septic Regulations and nitrogen loading
within the APD.
4) The Massachusetts Dept. of Environmental Protection (DEP) regulates the
design, construction, installation, operation, inspection, release response,
remediation, closure and removal pertaining to USTs under 310 CMR 80. This
regulation also requires (310 CMR 80.16 (7)) that the installer or registered
professional engineer complete an as -built plan and a signed statement stating
"the UST system was installed in accordance with 310 CMR 80.00, the
manufacturer's specifications and the manufacturer's checklist."
Procedural Track
This project was presented at a Town Site Plan Review meeting on Feb. 5 where the
applicant received input from Town depts. The project was next presented at a BOH
meeting on Apr. 22, pending review by the ZBA.
Toxic or Hazardous Materials Delivenr
Gasoline and diesel fuel will be delivered to the 473-487 Station Ave. site by fuel
delivery trucks. Other toxic or hazardous materials such as, but not limited to; various
automotive fluids, household cleaners, laundry detergent, charcoal lighter, insecticide,
and insect repellents will be delivered by truck transportation, then hand -carried inside
the store.
E
Toxic or Hazardous Materials Handling and Storage
1) As stated previously one 20,000-gallon, double -walled, fiberglass UST will store
20,000 gallons of gasoline.
2) A second 20,000-gallon, double -walled, fiberglass UST with two separate
storage compartments will store 12,000 gallons of gasoline and 8000 gallons of
diesel fuel.
3) Other toxic and hazardous materials mentioned previously and available for retail
sale will be stored inside the store on the retail floor in original containers. No
storage of these materials has been proposed off of the retail floor.
Toxic or Hazardous Materials Use
-aCffuels are for retail sale to customers.
2) Other toxic and hazardous materials are for retail sale in original containers.
3) Some cleaners will be used by employees for in-store cleaning.
Toxic or Hazardous Materials Disposal
1) Massachusetts General Law Chapter 21, Section 53a requires retailers of motor
oil to accept for proper disposal waste oil from their customers. In the event a
customer presents waste oil for disposal store employees will receive the waste
oil storing it and then disposing of it properly. Any received waste oil will be
stored in a drum of approximately 30-gallons in size with secondary containment.
The waste oil drum will be placed either within the building or within the fenced
dumpster area with measures taken for protection against weather and
vandalism both of which are required by Yarmouth Health Regulation.
2) Wash water generated from floor washing and stripping will be hauled offsite for
proper disposal. Floor drains will be plugged during washing and stripping
operations to prevent the wash water from entering the septic system.
3) The spill buckets for the UST fill ports are protected by steel covers with rubber
gaskets, yet some amount of rainwater is expected to collect periodically. Since
this water may have a petroleum component it may not be disposed of to the
ground. This waste water will be emptied to a labeled 55-gallon drum and stored
onsite for proper disposal.
5
Health Dept. Requirements
Yarmouth Health Regulation requires the following regarding toxic or hazardous
materials handling and storage which apply to this proposal by Colbea.
1) The business must register annually for a Yarmouth Board of Health Handling
and Storage of Toxic or Hazardous Materials License.
2) No materials may be discharged to the environment.
3) No outdoor storage of materials is allowed.
4) All materials must be protected from vandalism.
5) Materials must be stored in covered product -tight containers.
6) All materials must be stored inside secondary containment of 150% volume of
the total amount of materials stored.
7) Any waste material must be properly disposed by a licensed hazardous waste
hauler.
8) Safety Data Sheets (SDS) for each toxic or hazardous material must be
maintained onsite and be readily available.
9) A sufficient supply of absorbent material must be kept onsite for use in the event
of a release or toxic or hazardous materials.
Board of Health BOH Hearing and Recommendations
Attorney Andrew Singer and numerous representatives of Colbea with differing areas of
expertise presented their proposal to the BOH at the regular board meeting on April 22,
2019. The BOH approved recommending the proposal of Colbea Enterprises to the ZBA
by a unanimous vote with five members present and voting. This recommendation is
based on the ability of the business to comply with aforementioned regulations and
based on the following conditions listed below. These conditions are above and beyond
the strict scope of the aforementioned regulations and are intended to provide additional
protection of the APD.
If these conditions are approved by the ZBA no Handling and Storage of Toxic of
Hazardous Materials License will be issued until the following are completed.
Furthermore, without said license issued, no fuel may be delivered to the two proposed
20,000-gallon underground storage tanks (UST)
1) Septic System Requirements:
C•
Per Title 5 Regulations, the site, consisting of 51,280 square feet of land area
within the Zone II Wellhead Protection Area, is currently limited to approximately
564 gallons/day of sewage flow with the installation of a standard Title 5
compliant septic system. The proposed sewage flow for the requested
commercial use (Gas Station and Season Corner Market) is 800 gallons/day
which will require the acquisition/credit of additional land (21,448 square feet) per
engineered plan by Down Cape Engineering dated March 11, 2019 and located
within the same Zone it through a formal Nitrogen Aggregate Plan approved by
the Board of Health or combination of land acquisition and I/A Technology
installation. Prior to final approval of the proposed flow of 800 gallons/day by the
Board of Health, the applicant will be required to present an appropriate sewage
design meeting the minimum requirements of Title 5 Zone II restrictions.
2) The registered professional engineer who designed the fueling system must
submit to the Health Dept. an as -built plan and a signed statement indicating "the
UST system was installed in accordance with 310 CMR 80.00, the
manufacturer's specifications and the manufacturer's checklist."
3) 433 Station Ave. (_Existing Business: Station Ave. Sunoco)
a. The two 8000-gallon gasoline; one 8000-gallon diesel and one 1000-
gallon heating oil underground storage tanks are removed.
b. All fuel system piping, sumps, dispensers and related infrastructure are
removed.
c. Confirmatory soil sampling and, if applicable, groundwater sampling
results pertaining to the underground storage tank and related
infrastructure removals are determined to meet Massachusetts Dept. of
Environmental Protection (DEP) standards after evaluation by a
Massachusetts Licensed Site Professional (LSP).
d. A deed restriction prohibiting future fuel storage and sales must be
recorded at the Barnstable County Registry of Deeds.
4) 446 Station Ave. (Existing Business: Station Ave. Shell)
a. The two 6000-gallon gasoline, one 8000-gallon gasoline, one 12,000-
gallon gasoline, one 500-gallon heating oil and one 500-gallon waste oil
underground storage tanks are removed.
b. All fuel system piping, sumps, dispensers and related infrastructure are
removed.
c. Confirmatory soil sampling and, if applicable, groundwater sampling
results pertaining to the underground storage tank and related
7
infrastructure removals are determined to meet Massachusetts Dept. of
Environmental Protection (DEP) standards after evaluation by a
Massachusetts Licensed Site Professional (LSP).
d. A deed restriction prohibiting future fuel storage and sales must be
recorded at the Barnstable County Registry of Deeds.
5) The maximum onsite storage of toxic or hazardous materials in underground
storage tanks is limited to 40,000 gallons total.
6) The maximum onsite storage of toxic or hazardous materials not including the
underground storage tanks is 200 gallons.
7) A detailed material spill containment plan must be conspicuously posted at all
times and: all employees must be familiar with the plan.
8) No vehicle repair is allowed onsite.
9) No vehicle washing is allowed onsite.
10)The two proposed 20,000-gallon underground storage tanks (UST) may not be
filled until all conditions above (1 — 9) are complete.
8
Clark, Sandi
From:
Williams, Kathleen
Sent:
Tuesday, May 7, 2019 1:32 PM
To:
'Andrew Singer'; 'Steven Tupper'
Cc:
Clark, Sandi; 'Colleen Medeiros'
Subject:
RE: Season's Corner Market -Shell Station, Station Avenue, SY
Hi Andrew,
Let's plan on having the Cape Cod Commission staff available on June 13th for all the reasons noted in our e-mails. I will
let the ZBA know.
Thanks,
Kathy
----------------------------------------
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliamsQyarmouth.ma.us
From: Andrew Singer [mailto:ALSinger@singer-law.com]
Sent: Tuesday, May 7, 2019 12.28 PM
To: 'Steven Tupper' <stopper@capecodcommission.org>; Williams, Kathleen <kwilliams@yarmouth.ma.us>
Cc: Clark, Sandi <SClark@yarmouth.ma.us>; 'Colleen Medeiros' <colleen.medeiros@capecodcommission.org>
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
Good Afternoon,
I just found out that Randy Hart cannot attend this Thursday because of a need to attend a funeral. There may or may
not be someone filling in for him at the first hearing. We will plan to discuss traffic in depth at the continued meeting.
Thank you.
Andrew
From: Steven Tupper <stu er ca ecodcommission.or >
Sent: Tuesday, May 7, 2019 12:15 PM
To: Andrew Singer <ALSinger@singer-law.com>; 'Williams, Kathleen' <kwil I iams2yarmouth.ma.us>
Cc: 'Clark, Sandi' <SClark@yarmouth.ma.us>; Colleen Medeiros <colleen.medeiros ca ecodcommission.or >
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
Kathy,
Cape Cod Commission staff are available and will plan to attend the meeting on June 13th
Please let me know if you would like Commission staff to attend the meeting on May 9" as well.
Thanks,
Steve
Steven Tupper
Transportation Program Manager
Cape Cod Commission
From: Andrew Singer <ALSinger@singer, law.com>
Sent: Monday, May 6, 2019 3:00 PM
To: 'Williams, Kathleen' <kwilliams@yarmouth.ma.us>
Cc: 'Clark, Sandi' <SClark@yarmouth.ma.us>; Steven Tupper <stupper@capecodcommission.org>
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
HI Kathy,
Randy Hart will be at the meeting this week, but the new information will not be ready. He anticipates having it ready in
advance of the June 13th meeting so that he can coordinate with Steve ahead of time. Our goal for this week is to
discuss and seek input from the Board on the overall proposal and matters connected with the relief sought, including
any additional questions on traffic and other items. We will then prepare responses before the continued meeting.
Thank you.
Andrew
From: Williams, Kathleen <kwilliams@yarmouth.ma.us>
Sent: Monday, May 6, 2019 2:07 PM
To: 'Andrew Singer' <ALSinger@singer-law.com>
Cc: Clark, Sandi <SClark@varmouth.ma.us>; Steven Tupper (stu er ca ecodcommission.or }
<stupper@capecodcommission.o rg>
Subject: Season's Corner Market -Shell Station, Station Avenue, SY
Hi Andrew,
If you are going to request a continuation at the end of the May 91h Public Hearing to June 131h, and you will have no new
traffic information to present on May 91h, then I would agree it would make better use of Steve Tupper's time to come to
the meeting on June 13th after he has had a chance to review any supplemental information presented by VHB.
Steve — would you or other Commission Staff be able to attend a meeting on June 131h?
Thanks,
Kathy
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliamsa,,yarmouth,ma.us
From: Andrew Singer[ma ilto:ALSin er sin er-law.com]
Sent: Monday, May 6, 2019 2:00 PM
To: Williams, Kathleen <kwilliams armouth.ma.us>
Subject: Season's Corner Market -Shell Station, Station Avenue, SY
Hi Kathy,
We are getting ready to open the hearing before the ZBA this Thursday on the above proposal. As you probably are
aware, Randy Hart of VHB is working on additional research, etc. as suggested by Steve Tupper in his peer review
letter. This will not be completed by this week, so I anticipate being continued at the end of the night to a future
meeting. Because of this and because Randy normally works with Steve before the ultimate meeting where the traffic
materials are discussed finally, I had the thought that it might not be necessary to have Steve attend this week. He could
attend the continued hearing (probably with an updated letter as well). FYI, I will ask the Board to continue us after the
hearing to June 13' since l will be away on May 23rd
Thank you.
Andrew
Andrew L. Singer
Law Office of Singer & Singer, LLC
26 Upper County Road
P.O. Box 67
Dennisport, MA 02639
(508) 398-2221 (tel)
(508) 398-1568 (fax)
www.singer-law.com
Confidentiality Notice: This electronic transmission and the information contained herein is being transmitted to and is
intended for the use of the individual(s) to whom it is addressed. if the reader of this message is not the intended
recipient, you are hereby advised that any dissemination, distribution or copy of this transmission is strictly prohibited.
This transmission may also constitute an attorney -client communication that is privileged at law. If you have received
this transmission in error, please immediately notify the sender by return e-mail or telephone (508) 398-2221 and delete
the transmission in its entirety.
D&veJl}!port Re&hy
Established 1955
20 NORTH MAIN STREET
SOUTH YARMOUTH, MA 02664-3143
TEL: 508-398-2293 • 800-822-3422 • FAX: 508-394-6765
June 26, 2019 www.thedavenportoompanies.com
Board of Appeals
1146 Route 28
So. Yarmouth, MA02664-0836
Re: Petition #4801 and #4802
Dear Members of the Board:
RECEIVED
EJUL
262019
YARMOUTH
BOARD OF APPEALS
Having heard the Applicant's May 911 presentation, as well as reviewing the supplemental materials
submitted, I'm writing to set out several points in furtherance of my opposition letter of April 3, 2019.
1, The Applicant provided no facts to support the numerous variances sought. There are no shape
nor topographic issues and they acknowledged the site consists of sand -hardly a hardship soil
condition. As the Board knows, the power to vary zoning provisions must be sparingly exercised
and only in rare instances and under exceptional circumstances. Self -characterizing a proposal
as "unique" and "innovative" is no substitute for the required standard which the Applicant falls
well short of meeting;
On page 14 of the Applicant's updated June 6, 2019 traffic study Table 9 sets out intersection
Capacity Analysis, and for the 18 Level of Service scenarios, 9 of them (50%) operate at level F.
Eight of the nine have average total delay in seconds per vehicle in excess of two minutes. Such
delay will result in on and off -site back-ups and high potential for accidents as frustrated
motorists will "force gaps." The Cape Cod Commission's Traffic Study Peer Review found such
conditions "unacceptable" resulting "in a safety hazard." This certainly does not promote
health, safety and/or convenience;
In reviewing the site plan, it appears that deliveries will only be made on the right/north side of
the building. Presumably, delivery vehicles will utilize the "Loading Area." When parked there,
circulation around the building will be blocked for vehicles, including Emergency vehicles. Plus,
the delivery person will need to pass through cars in the queue creating conflict, hazard and
more delay;
4. Finally, the best solution for underground fuel storage in the APD is not to introduce 40,000
gallons, but instead to upgrade the existing tanks at both the Shell and Sunoco sites.
The project is inappropriate for the site. The application should be denied.
Jnceely,
t P. Davenport, Trustee
port Realty Trust
1
Affiliates: All Cape Self Storage - Blue Rock Golf Resort • Cape Cod Fence Co. • Davenport Building Co.
Klnasbury Aviation • Kinasbury Mananement Cn • Pori loclra! Pnennc . Thi.........r ot— —, I :..:__ - Tom_ __ ., —
Clark, Sandi
From: Greene, Karen
Sent: Thursday, June 27, 2019 223 PM
To: Clark, Sandi
Cc: Williams, Kathleen
Subject: land disposition process
HI Sandi
wanted to keep you in the loop regarding the Town's land disposition committee review of properties requested for
use in a Nitrogen Aggregation Plan for the Seasons gas station. As you know, they've submitted an application for
review of three town owned parcels. Once reviewed by a staff committee, the requests will be passed along to Land
Disposition Committee for their review and recommendation (which would be made to the Board of Selectmen). I
would expect this Committee would be convened a month from now.
Please let me know if you have any questions. I shared this information with Attorney Singer who stopped by the office
yesterday.
Thanks,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
kgreenePyarmouth.ma.us
508-398-2231 x1278
Clark, Sandi
From: Warren Woods <windsurf403@gmail.com>
Sent: Friday, June 28, 2019 3:05 PM
To: Clark, Sandi; Warren Woods
Subject: Re: Proposed Seasons project on Station Ave.
Attention! This email originates outside of the organization. Do not open attachments or click links unless you
are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure.
Otherwise delete this email.
On Fri, Jun 28, 2019 at 3:01 PM Warren Woods <windsurf403(c�.gmail.com> wrote:
Hi Sandi:
Please send this email to the Board members please.
Thanks,
Warren Woods
p.s. I noted a misspelling and corrected it.
Dear Board Members:
It was my pleasure to attend last evening's meeting and listen to the discussion concerning the construction of
a Seasons convenience store, gas station and coffee/sandwich shop on the vacant land available on Station
Ave. The Board is impressive in their professionalism and exercise of due diligence in their review of the
proposal. I would like to provide a couple of comments to the Board concerning the topics discussed
yesterday.
If the requirements for the issuance of variances are according to Mr. Veara's interpretation of the law: that the
criteria necessary for the issuance of a variance are related to hardships concerning topography, shape or soil
composition, the applicants have clearly not shown any hardship related to those factors so the request for
variances should be denied.
It is also important to note that some of data in the traffic report is estimated from an off Cape location that
may or may not have a similar traffic pattern to Station Ave. The commuters at a railway station are usually
going to work in the morning and home from work in the evening. The daytime traffic at railway stations is
likely to be far less than during rush hours. In comparison, the traffic on Station Ave. seems to be heavy all
day and very heavy during the rush hours and summer season. More actual vehicle counts would be better to
give a more accurate picture of the current and projected traffic vehicular flow. The suggestion of the Cape
Cod Commission representative to get traffic studies from multiple locations of Seasons stores makes great
sense, particularly if those stores are on Cape or in vacation areas and especially if they had Dunkin Donuts
stores inside. This study would help give a better picture of possible traffic flow and potential increase in
congestion on Station Ave. The Town Planner also seemed to agree with the Cape Cod Commission that the
development of this project would lead to significantly increased traffic congestion on Station Ave.
There was some discussion of the location of curb cuts and new traffic signals to control the traffic exiting and
entering the proposed business. In my opinion, an additional set of traffic signals would allow easier access
and egress to the Seasons store and Stop and Shop Plaza but would severely hamper the flow of traffic on
Station Ave. The signal would need to be coordinated with those already existing. I can envision the stacking
of cars attempting to purchase products through the drive through window of the Dunkin Donuts extending
onto Station Ave. at times and because of a red signal, having southerly proceeding traffic blocked causing a
dramatic blockage of traffic through the White's Path signal that could extend to the off ramp of exit S at
certain times of the day.
The representative from the Cape Cod Commission made a statement that if traffic from the Seasons building
was stacking up on Station Ave. an accommodation would have to be made. However, he did not define what
that accommodation would be. I am curious about it because there is no room on the site to add any more
lanes for vehicles to remain stacked. There will be more than ten cars in the line of cars waiting for the drive
up window service some days, if a Dunkin Donuts franchise installs a store in the building (if the Dunkin
Donuts stores in other locations are any indication). If those vehicles extend onto Station Ave, they will block
access and egress by the vehicles entering or already in the store parking Iot or gas pumps causing an unsafe
situation. The backup will extend at least to White's Path and block our driveway.
I have observed vehicles exiting from the highway off ramp and proceeding southerly on Station Ave. at a high
rate of speed through the intersection of White's Path when the signal is green. These cars then tend to brake
hard beginning in front of Today Real Estate as they need to slow down and stop for traffic turning into the
CVS/Wendy's driveway. If you have the time, please observe this activity and you will be shocked at how fast
cars need to stop in that location. If a Seasons store was located between Today Real Estate and the
CVS/Wendy's driveway, these speeding vehicles would need to slam their brakes on in front of my building
and stack up preventing access to my driveway. The Town of Yarmouth Police Department should be asked to
provide input about the above at the next meeting.
Beyond the traffic issue, the excessive nitrate loading of the septic system needs to be accommodated. The
suggestion by the applicant to pay the town to preserve town owned vacant land from development might be
Warren D. Woods, D.M.D.
VIA c-MAI
Clark, Sandi
From: Colleen Medeiros <colleen.medeiros@capecodcommission.org>
Sent: Friday, August 2, 2019 9:48 AM
To: Williams, Kathleen
Cc: Steven Tupper; Clark, Sandi
Subject: Seasons Gas - CCC Traffic Follow Up
Attention! This email originates outside of the organization. Do not open attachments or click links unless you
are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure.
Otherwise delete this email.
Good Morning Kathy,
This email serves to provide a follow-up in response to the Access Alternatives Analysis memorandum dated July 18,
2019, prepared by VHB, regarding the proposed Seasons Corner Market on Station Avenue in Yarmouth. Cape Cod
Commission (CCC) Transportation Staff reviewed the memorandum and met with VHB to discuss their Access
Alternatives Analysis traffic memorandum on July 25, 2019. In our professional opinion, the additional access
alternatives do not fully mitigate the traffic congestion and safety concerns along Station Avenue associated with this
intensive use.
Based on our review, Alternative 3 and 4 provide improved operations over two full access driveways and seek to
minimize impacts by reducing the number of conflict points along this busy corridor. However, we found that even
under Alternatives 3 and 4 there are still potential congestion and safety issues that will result from a facility with a
convenience store, coffee co -brand with drive-thru and a 12-position fueling facility on this roadway.
Please find a summary of our review for each alternative below:
Alternative 1— Signalized Northern Driveway
Alternative 1 includes signalizing the intersection of Station Avenue and the Stop and Shop driveway/Proposed Seasons
northern driveway. According to VHB, this alternative was not advanced for further consideration due to the projected
queueing on Station Avenue. However, it appears that the traffic signal analysis did not include any assumptions for
necessary roadway improvements or reconfiguration, which would likely be required in orderto provide adequate traffic
operations with a traffic signal at this location. Overall, CCC Transportation Staff have concerns with the traffic signal
alternative as it may result in a negative impact to operations for the entire corridor. A further in-depth look of the
entire corridor and coordination with the Town and the Stop and Shop property owners would likely be required before
considering a traffic signal alternative at this location.
Alternative 2 — Right-In/Right-Out
Alternative 2 would restrict left turns out of the northern site driveway while the southern driveway would restrict all
left turns. CCC Transportation Staff is in agreement with VHB to not advance this alternative as exiting left turns would
not result in a functional site. All drivers intending to exit left but forced to exit right due to restricted exits would create
an unsafe condition where vehicles may make illegal movements trying to reverse direction on Station Avenue.
Alternative 3 — North Driveway Enter Only, South Driveway Exit -Only
Alternative 3 proposes to have the site operate under a one-way circulation with the northern driveway restricted to
entering vehicles only and the southern driveway restricted to exiting vehicles only. This alternative does achieve a
reduced number of conflict points along the corridor with this access management technique. In addition, the traffic
operations analysis does result in an improvement with the proposed driveways expected to operate under capacity
(volume to capacity ratio <1.0). CCC Transportation Staff sees potential merit with this alternative as all site traffic would
be processed during the peak hours, however, the proposed southern exit -only driveway would still operate at a LOS F
with delays ranging from one to two minutes. This configuration still results in congestion and safety issues and creates a
failing roadway intersection. If this alternative was advanced for further consideration, CCC Transportation Staff
recommends that the site be redesigned to realign the gas pumps and the parking spaces in a diagonal layout to enforce
the one-way circulation so it is more intuitive to customers and discourages wrong -way traffic.
Alternative 4 — North Driveway Shifted North and Right-In/Right-Out
Alternative 4 shifts the northern site driveway northerly and would no longer intersect Station Avenue directly across
from the Stop and Shop driveway. In addition, the northern site driveway would restrict all left turns, while the southern
driveway would provide full access and allow all turning movements. Although the internal site circulation is improved
under this scenario to separate driveway traffic from the gas canopy, the traffic operations associated with Alternative 4
still project the southern site driveway to operate at LOS F and over capacity (volume to capacity ratio >1.0) during all
three peak hours. As stated in our review memorandum dated April 24, 2019, the proposed site driveways should not be
designed to operate overcapacity as the site volumes would not be processed during the peak periods which in turn
would result in an operational issue and safety hazard. Based on the analysis presented at this time, we do not
recommend this as the preferred alternative due to the projected operational and safety issues.
We will plan on being in attendance at the continued ZBA hearing on Thursday, August 8`". Please let us know if you
need any additional information.
Thanks,
Colleen Medeiros, P.E.
Transportation Engineer
Cape Cod Commission
3225 Main Street f P.O. Box 226
Barnstable, MA 02630
(508) 744-1226 j www.capecadcommission.org
EC"
Clark, Sandi
VIA EH-40AIL
From: Warren Woods <windsurf403@gmaii.com>
Sent: Friday, August 2, 2019 12:59 PM
To: Clark, Sandi
Subject: Response to Memorandum of Colbea Enterprises, LLC.
Attention! This email originates outside of the organization. Do not open attachments or click links unless you
are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure.
Otherwise delete this email.
From: Dr. Warren Woods
Date: August 2, 2019
Re: To: Yarmouth Board of Appeals
Proposed Seasons Corner Market/Shell Station (Appeals #4801 and #4802)
473, 479 and 487 (portion) Station Avenue, South Yarmouth, MA
Dear Board Members:
Yesterday, I received a courtesy copy of the SUPPLEMENTAL MEMORANDUM filed by Attorney Andrew Singer on Behalf
of his client, Colbea Enterprises, LLC. The following comments are my thoughts concerning the Memorandum.
In the Introduction section of the Memorandum, the applicant once again incorporates activities at nearby properties as
part of his application for variances and special permits for the 473, 479 and 487 parcel he is interested in developing
where in fact, what transpires at those other businesses has nothing to do with this application.
In the Conclusion section of the document, Mr. Singer describes "...several cases in which the Massachusetts Courts
have affirmed the granting of variances (both use and dimensional) when there are specific factors regarding the shape
and/or topography of a parcel or parcels of land and the structures thereon which render economically reasonable and
practical use of such land or structures infeasible absent the requested variances." Although I am not an attorney, the
cases Mr. Singer cited further in the documents do not seem to apply in this instance, particularly since there are no
structures on the parcel, the land is flat, and the shape is almost rectangular. The court cases and decisions cited do not
seem to apply here although they are interesting.
The applicant continues to apply for a variance for a specifically prohibited use on the parcel, specifically the installation
of underground fuel storage tanks. There is no legitimate need for the Board to grant a variance for the storage of
underground fuel on this site in direct opposition to the zoning laws. The applicant also requests additional relief from
the zoning laws because they do not wish to comply with the zoning statues regarding "... the canopy front setback, -
parking in front of the building; centerline of driveways; plant species; front buffer tree spacing; photometrics; and
signage." In my opinion, the applicant still wants to ignore these zoning requirements and develop the property how he
desires trampling the specific requirements of the zoning by-laws.
To justify their argument that the Board should grant the applicant variances and special permits, the applicant states
"...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....."
The above statement by Mr. Singer confuses me. Parcels # 473 and 479 are owned by members of the Luby family
according to the Barnstable County Registry of Deeds. Parcel # 487 is owned by lames Machnik according to the
Barnstable County Registry of Deeds. Unless 1 am mistaken, Colbea Enterprises, LLC. does not own the parcels. Itis
most likely that they have a provision in a Purchase and Sale agreement or an offer to Purchase document that
requires the permits for the proposed gas station/convenience store/restaurant prior to their purchasing of the
lots. So, since Colbea Enterprises, LLC. does not own the parcels, ! fail to see why they are suffering any
'hardship'. The owners of these parcels can easily and reasonably sell them to another party who will be able to
build a structure on the property that is conforming with the Zoning By -Laws of the Town of Yarmouth. They are also
obviously suffering no "hardship". Colbea Enterprises, LLC. should locate a parcel of land to develop for their needs
that conforms with the local applicable zoning requirements for that lot.
Mr. Singer also states "...the proposal will not result in a significant increase in traffic". That statement is based on the
data gathered by the applicant's traffic study. Any additional traffic in the area is "significant'. However, the increase in
traffic has nothing to do with the increase in traffic congestion that I postulate will be dramatic. The plans submitted
with the Memorandum, especially Sheet TP-1A, clearly demonstrate that traffic will back up onto Station Ave. with even
minor backups of vehicles and trucks trying to enter the proposed north entrance of the gas station/convenience
store. As a consequence, the driveway to my office building will be blocked limiting the access of emergency vehicles
into my parking lot. We have multiple ambulance runs to my office each week. Any blockage of my driveway could
mean someone might die if an ambulance cannot enter.
The admonition of the Board by Mr. Singer to accept the applicant's proposal to combine the removal of the
underground tanks from the Shell and Sunoco gas stations as part of this project seems to be an effort to intimidate the
Board. His claim that "...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, is a substantial hardship." I do not know how this is a
"substantial hardship". Also, there must have been a change in the Zoning By -Laws last week because as far as I know,
underground tanks are still not allowed in the zoning applicable to this site. Finally, I am unaware of a "need" for this
facility since at this time, there are multiple gas stations, restaurants and food stores in the area.
For the above reasons and the reasons I have previously sent you in letters to the Board, I respectfully request that you
deny the applications of Colbea Enterprises, LLC. to build a convenience store/restaurant and gas station on the
combined parcels of land.
Sincerely,
Warren D. Woods, D.M.D.
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836
AGREEMENT FOR EXTENSION
The Petitioner understands and agrees:
Board of
Appeals
YARHOUTIH TOWN C1E-�
' 1.9J _?4'28Pm3:10 REC
That the public hearing will not be held within 65 days of the filing of this Application, or
That the Board will not take "final action" on the request for a Special Permit within 90
days of the conclusion of the public hearing;
That the decision of the Board on an Appeal or Variance request will not be made within
100 days of the filing of the application.
Further, the petitioner agrees with the Board to extend the time frames within which the
hearing, re -hearing or continuance are to he held and the decision(s) are to be made and filed by
the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this
petition, provided that the Board does act within the time frame of this agreement. It is therefore
agreed that the Hearing shall be held/continued on `c� l ,y ) i ,and that the
Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion
of that public hearing.
Applicant/PetitionerALY,- Petition #4&9011-
a
Applicatiofiling date:, -,
ate: Initial Hearing Date
Date:
Petitions or ®cent for Petitioner
Date: � &7 // 9
of Appeals \
Date Filed with Town
H:\N[yFiles\Documents\Application\Hearing Extension Agreement.wpd
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836
AGREEMENT FOR EXTENSION
The Petitioner understands and agrees:
Board of
Appeals
" p 9MAY10AM11:12 RLEC
That the public hearing will not be held within 65 days of the filing of this Application, or
That the Board will not take "final action" on the request for a Special Permit within 90
days of the conclusion of the public hearing;
That the decision of the Board on an Appeal or Variance request will not be made within
100 days of the filing of the application.
Further, the petitioner agrees with the Board to extend the time frames within which the
hearing, re -hearing or continuance are to he held and the decision(s) are to be made and filed by
the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this
petition, provided that the Board does act within the time frame of this agreement. It is therefore
agreed that the Hearing shall be held/continued on , and that the
Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion
of that public hearing.
J� Applicant/Petitioner Petition #
Application filing date: Initial Hearing Date
_ Date: 4
Petitio r o for Petitioner
Date:
Board of Appeals
Date Filed with Town Clerk:
H:1MyFiles\Documents\Application\Hearing Extension Agreement.wpd
UIW
TOWN OF YARMOUTH
Board o
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 ApFalso
o 'telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836
AGREEMENT FOR EXTENSION
The Petitioner understands and agrees:
That the public hearing will not be held within 65 days of the filing of this Application, or
That the Board will not takel "final action" on the request for a Special Permit witkin 90
days of the conclusion of the public hearing;
That the decision of the Board on an Appeal or Variance request will not be made within
100 days of the filing of the application.
Further, the petitioner agrees with the Board to extend the time frames within which the
hearing, re -hearing or continuance are to he held and the decision(s) are to be made and filed by
the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this
petition, provided that the Board does act within the time frame of this agreement. It is therefore
agreed that the Hearing shall be held/continued on
and that the
A*f Zy-
Board's decision shalt be made and fled with the Town Clerk within 14 days of the conclusion
of that public hearing.
Applicant/Petitioner Petition
-----
Application fling date initial Hearing Date
Petitioner or Agent for Petitioner Date:
Date:
Board of Appea s
Date Filed with Town Clerk:
H,"hlyFiles+DocnmearslAiapiicationlF[earing Extension Agreement.upd YARMOUTH TOWN CLERK
'19APR1 Am11:15REC
YARMOUTH BOARD OF APPEALS
MINUTES
APRIL 11, 2019
MEMBERS SITTING AND VOTING: Dick Martin, Acting Chairman, Thomas Nickinello,
Tom Baron and Susan Brita.
PETITION #4801: Colbca 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 1; 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
B I 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: B 1; 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.
Attorney Andrew Singer addressed the Board regarding Petitions #4801 & #4802. Prior to the
hearing, Attorney Singer had filed a letter requesting a continuance from April I 1 to May 9 based
on information yet to be received on these Petitions.
Mr. Nickinello made a Motion to continue Petitions #4801 & #4802 to May 9, 2019. Motion
seconded by Tom Baron. Motion carries.
PETITION #4800: Town of Yarmouth, Police Department, 340 Higgins Crowell Road, West
Yarmouth. Map & lot#: 0055.26; Zoning District: R-40. The applicant seeks Modification to
Decision #3594 and to expand municipal use and/or a new Special Permit and in the alternative a
Variance from Use Table §202.5 (P-10) in the APD. The applicant also seeks a Variance from
§301.4.6 for trees that were removed from existing lots.
Chief Frank Fredrickson, Steve Bobola, Sand Dollar Customs, and Bruce Wilson, Project Manager,
presented the Petition. The proposal is for a 6400 sq. foot two story training facility behind the existing
Police Station. It will be equipped with a separate locker room building for officers to lock up weapons
prior to entering the training building, an 8 foot security fence and 21 new parking spaces. It will also
be used for K-9 training complete with obstacle courses. The Chief indicated that the funding was
privately raised by the Yarmouth Police Foundation. Also, the building cannot be used for public use
but can be used by other departments.
This will be a utility grade building with 600 linear feet of moveable plastic walls. The design is such
that the use will vary and provide exercises for officer training using various formations; going thru a
window, how to get to the attic of a dwelling, school situation and SWAT. The Project Manager is
looking into powering the facility using solar energy.
Discussion regarding the trees that were removed, the difficulty of plowing this area in winter, resulted
in 5 new trees that will be planted in the existing island between the drive and parking area and irrigation
has been installed. The trees that were removed had died, probably due to the lack of irrigation, and
were not replaced.
No one was in the audience either in favor or opposed
Board discussion:
Two options were shown on the proposed training building layout plan and the Petitioner proposes to
use Option 1. This training facility is not military grade, it is customized for Yarmouth Police
Department needs. Trees will be replaced in island as discussed.
Motion was made by Mr. Nickinello to modify Special Permit #3594 for expansion of the municipal
building. Motion seconded by Mr. Baron. Motion carries unanimously.
Variance Motion was made by Mr. Baron to replace trees south of the parking lot. This Motion was
seconded by Mr. Nickinello. Motion carried unanimously.
May 9, 2019 Minutes
approved in open session
June 27,19 by Mr. Nickinello
seconded by Mr. Martin
YARMOUTH BOARD OF APPEALS
MINUTES
MAY 9, 2019
MEMBERS SITTING AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Dick Martin,
Thomas Nickineilo, Dick Neitz and Tom Baron.
Continued from March 28 2019:
PETITION #4798: Jeanne and John Lyons, 72 Higgins Crowell Road, West Yarmouth. Map
& lot#:0039.35; Zoning District: R-25. The applicant seeks a Special Permit under Zoning By-law
§407.2.1 and a Variance from Zoning Bylaw §407.2(#7) for a Family Related Apartment exceeding
800 square foot maximum requirement.
The Petitioners, John and Jeanne Lyons, reside at 72 Higgins Crowell Road, West Yarmouth and
seek a Special Permit under Zoning Bylaw §407 for a Family Related Apartment and a Variance
from Bylaw §407.2 (#7) to exceed 800 square foot maximum requirement.
Mr. & Mrs. Lyons appeared before the Zoning Board on March 28, 2019 and following lengthy
discussion and a suggestion to the Petitioner that they could support a staircase within the new
garage and the apartment measuring 800 sq. feet. The Petitioners asked to continue the hearing
to May 9, 2019 to provide the Board with a new plan reducing the size of the apartment.
On May 2, 2019 the Board received a letter from Mr. and Mrs. Lyons requesting to withdraw their
Petition #4798 without prejudice.
Motion was made by Mr. Igoe, seconded by Mr. Neitz to allow withdraw of the Petition, without
prejudice, to which a unanimous favorable vote was given.
PETITION #4803: Marie Caron, 797 Route 28, South Yarmouth. Map & lot#: 0035.75; Zoning
District: B2. The applicant seeks Modification of existing Decision #3765 or in the alternative a
new Special Permit under Use Table §202.5 (L5) to expand office area of existing building.
The Petitioner, Marie Caron and Dan Ojala, Down Cape Engineering presented. The applicant seeks
Modification of existing Decision #3765 or in the alternative a new Special Permit under Use Table
§202.5 (L5) to expand office area of existing building located in the B2 Zoning District.
The extension to the left rear will create more space in the office area to help facilitate
communications in connection with the towing business operated from the site and will be
constructed in conformity with the plans submitted.
The relief sought was found to be modest, reasonable and no new encroachment/non-conformity
will result and the Board found the relief could be granted without resulting in any hardship, nuisance
or congestion nor harm to the existing or future character of the neighborhood.
No one spoke in opposition to the Petition.
Motion was made by Mr. Igoe, seconded by Mr. Nickinello, the Board voted unanimously in favor
of the grant of the Special Permit without condition.
Continued from February 28 & March 28, 2019:
PETITION #4792: Leonardo R. Marichal, 9 Pinewood Road, 'West Yarmouth. Map &
lot#:0024.69; Zoning District: R-25. The applicant seeks a Special Permit under Zoning By-law
§407 to create a Family Related Apartment.
The Petitioner was represented by Attorney Anthony Alva, who was newly retained and appeared
before the Board on March 28, 2019 requesting a continuance to May 9, 2019 to familiarize himself
with the Petition.
Attorney Alva reviewed the history of the property noting that Mr. Marichal has been out of the
country and at the original hearing on February 281h, 2019 his son Juan Marichal represented his
father and provided the Board with documents that he had power of attorney in his father's absence.
At that hearing it was apparent that the rooms on the second floor had not been issued an Occupancy
Permit and no Building Permit was issued to finish the basement. The Board had received historical
information from Mr. James Brandolini, Deputy Building Commissioner that this property had not
been inspected previously and no Building Permit was issued for the creation of the second floor
rooms. Nor was any Certificate of Occupancy ever issued.
A lengthy discussion between Mr. Alva and the Board continued with Mr. Alva informing the Board
that Mr. Marichal will make improvements in the basement and upstairs. Mr. Marichal will
eliminate the rooms in the basement and the work will be performed by licensed contractors. Mr.
Brandolini attended the hearing and addressed the Board with a summary of the infractions, 2 that
have been resolved, the rest are still outstanding.
The option to withdraw without prejudice was given to Mr. Alva who then asked the Board to
consider allowing his client to do so.
Motion was made by Mr. Igoe to withdraw without prejudice, seconded by Mr. Martin. For the
Motion: Mr. DeYoung, Mr. Igoe, Mr. Martin and Mr. Nickinello. Mr. Neitz was opposed. Motion
carried 4-1.
Continued from April 11 2019 never opened):
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 1; 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
B 1 Zoning District and APD and various dimensional setback and design, parking, drive-thru, landscaping,
lighting, and sign provisions, per the submitted plans and materials.
Continued from April 11, 2019 (never opened):
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: B1; 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.
Petition ##4801 and #4802 are companion Petitions. Presenting were Attorney Andrew Singer, owner
of Colbea enterprises, LLC, Andrew Delli Carpini, Alan Micale, Ayoub Engineering, Dan Ojala,
Down Cape Engineering, Bob Nagie from VHB and Eric Simpson.
Chainnan DeYoung opened the hearing and discussed with Mr. Singer that the understanding tonight
is several people were expected to comment in regards to the traffic study but were not available this
evening. Chairman DeYoung suggested to the representatives that this evening we keep the topic
away from the traffic issue and that we address that at the continued hearing.
Mr. Singer highlighted the property on the drawings which is currently a vacant lot, proposal is for
a Seasons gas station and convenience store. Part of the proposal is to carve out a small piece of
property belonging to Today Real Estate. The current Shell and Sunoco Stations would close their
fuel operations, decommissioning and deed restricting them. Considering these stations are in the
APD the threat of environmental impact to the aquifer will be dramatically reduced.
Peer review by the Health, DPW, and Water Departments has been completed and reviewed by the
Town's independent water consultant. Review of the Proposal with the Board of Health to provide
comments to the Board of Appeals and on a proposed Nitrogen Aggregation Plan and seeking to
utilize the Town's new Disposition of Town Owned Real Property Policy are in progress.
This proposal seeks a lot of Variances, which the applicant knows are hard to get. Mr. Singer
suggested if you want more information, case law, let us know and we will provide it for the next
hearing date. We think this is an exciting proposal and it will enhance business operations and
protect water quality.
Mr. Dell] Carpini, owner of the Shell Station on Station Avenue and one of the owners with 26 years
of experience in the business, gave an overview of how the stations began, presently they have over
100 stations of which 34 are Seasons. He gave an overview of his business partnership with Shell
gas stations. The newest is South Dennis that has recently been completed. This new location that is
before you will be my station, my name over the door, my managers and I believe this project will
benefit the Town.
Mr. Singer at this time presented his Summary of Reasoning. We have met with town officials,
departments, completed Design Review and Site Plan Review. The Environmental Peer Review has
been completed up till now, correspondence from Board of Health has recommended approval. If
the ZBA approves this project we will have to go to the Planning Board for approval of carving off
a piece of land and Board of Selectmen for fuel storage permit.
The project calls for closing two old, outdated fuel service stations (Shell and Sunoco) located within
one -quarter mile of the new site and replace with new state -of -art fuel service station (Shell). There
will be a significant net reduction of 16,000 gallons of fuel storage in the APD as seven (7)
underground tanks, six (6) dispensers and 56,000 gallons of underground fuel storage at the two
existing facilities are replaced with only two (2) underground tanks, six (6) dispensers and 40,000
gallons of storage. Two, older fuel service stations will be replaced with one, state-of-the-art with
significant improvements in design and containment protocols for fuel storage. The properties with
the gas stations will be permanently deed restricted prohibiting future fuel service. 40-50 linear feet
of underground fuel -product piping will be removed and replaced with a higher standard pipe. A
safer double -wall tank system will be installed at the new site in place of the 7 older underground
fuel storage tanks. The underground heating oil tank at the Sunoco Station and underground heating
and waste oil tanks at the Shell Station will be removed and replaced with above ground tanks at
these properties. In all 10 tanks will be removed and replaced with only 2.
The Nitrogen Aggregation Plan, the land to be developed is designated the Facility Land and off -
site land to be permanently protected as undeveloped open space is designated the Credit Land.
Mr. Singer went through the aspects of the proposal that will need a Special Permit. The Traffic
Study will be presented at the next hearing. Landscaping was discussed, lighting, building and lot
coverage will be conforming; all storm water runoff will be contained and infiltrated on site.
This project will need Variance relief for various aspects; the canopy for the fuel service use; parking
in front of the building; curb cut width; centerline of southerly on -site driveway less than 250 ft.
from northerly on -site driveway and shopping center driveway across the street; in -lot trees and plant
species; front buffer tree; photometric; drive-thru stacking lane; directional signage; freestanding
sign; attached signs; under canopy lighting; 2 upward lights; drive-thru menu board, pump toppers
with 12 LED prices; video screens on pumps and advertising above dispensers.
Eric Simpson, Environmental Manager, expressed what he sees as a unique situation with the
removal of the fueling from both stations. The tanks were installed 40 years ago, today new tanks
are state of the art. This is an opportunity for the town to improve the Aquifer. This is a sufficient
improvement from the old sites and replacing with something much better.
Mr. Neitz inquired what the status of the Sunoco station is. Mr. Singer noted that the owner of the
Sunoco Station is in contract negotiations to relinquish the fuel and deed restrict the property. Mr.
Singer stated that the owner could come back to the ZBA for relief for something on this property.
Mr. Neitz reviewed that this project will eliminate the fuel service component but the repairs/service
will continue. Mr. Neitz explained to the Petitioner that historically this Board has denied Petitioners
rights to have services in the APD as innocent as a car detailing and wash cars and you're continuing
with automobile servicing. Mr. Singer stated that it does not eliminate from either site the
repairs/servicing components. The owner does not own all three of the sites but has legal control.
Chairman DeYoung remarked that we are hearing that we are getting this incredible protection to
the APD but the owners are required by law to insure the integrity of the tanks that exist there now.
So, we are not improving the APD because the owners would have to perform upgrades when
necessary. Is the owner of the property prepared to get deed restrictions beyond merely the removal
of the tanks? The Sunoco station property is a disappointment in what it has become and this Board
granted approval with restrictions. It was also mentioned that this is the gateway to our community
and improvement is needed.
Mr. Baron raised questions with regard to the test holes and the findings. Mr. Simpson responded
that what was found was typical of the Cape which is a thin Iayer of organic topsoil then a medium
to fine sand and groundwater about 35 feet. A previous developer left a monitoring well on the
property. Mr. Micale, Ayoub Engineering, maintained the well is close to one of the bio retention
areas. Mr. Micale has included a vegetation plan for the bio retention areas. Both retention areas
were designed to handle the 100 year storm. A maintenance plan is in place for cleaning out basins,
snow retention areas will handle storm water runoff, retention areas will not be plowed in.
Mr. Micale explained the site plan indicating the property consists of 3 pieces of land, curb cuts, 2
driveways both 30 feet each, underground storage tanks, two 20,000 gallon double walled fiberglass
tanks. The reason for the 30 foot width for the driveway is for the tanks to come in one driveway
and go out the other. Overhead canopy with 6 multi product dispensers. Parking in front of building,
13 spaces and 7 on the side. The building is 40 x 90, 3,600 Seasons Corner Market with drive-thru
window. There is also a by-pass lane around the whole building, if fire trucks need access, additional
parking in rear for employees so no one has a problem leaving, and additional landscaping from
comment received from abutter is proposed and a screened chain link fence. In the event of snow it
will be removed and taken off site.
Mr. Micale described bio retention area that will be maintained, subsurface infiltration and new
septic system proposed. The landscaping plan was described and every effort will be made to
maintain existing 4" trees if they can. We feel we have been very aggressive in the landscaping
proposed.
Board members asked various questions pertaining to landscaping; in the event of a snow situation,
Colbea will have the snow removed and taken off site. Customers will have access to the pumps
even if the tankers are there by coning off the area and Colbea will make every effort to have the
tankers at the station during non -peak times.
Board suggestions raised were signalization, the closure of 2 stations would require improvements
and upgrades to the property; recharge calculations would give back open space; maintaining
buffers; canopy more attractive; in lot trees. Concerns were raised about the relief of a drive-thru.
The co -branding has not been settled yet but mentioned were Marylou's or Dunkin Donuts.
A sensitive issue for the Board is what will happen to these properties that are being decommissioned
for gasoline sales and what is planned for them in the future. This is the APD and in taking into
consideration for a swap Mr. Carpim, owner of the Shell property, to come back with a limitation of
vehicles that can be parked on the exterior of this building that makes some commercial and aesthetic
sense. The possibility of removing the grandfathering was mentioned as a part of the grant for the
Petition before us.
Mr. Igoe directed a question to Mr. Grylls, Building Commissioner, to take a look at the Sunoco
Station and review what was allowed there and what was not. It appears that the number of vehicles
exceeds what was approved. Mr. Grylls will look into this, as far as he knows, they are registered
vehicles waiting for service.
Mr. Grylls reminded the Board that at the recent Town Meeting some of the signs that the Petitioner
was looking for relief from were approved at Town Meeting. Chairman DeYoung asked Mr. Singer
to work with our Building Commissioner on the sign changes and do a simple matrix showing what
is required under the present and what is not under the changes.
From the audience in opposition:
Dr. Warren Woods, owner of the medical office next door to the proposed project addressed the
Board. The patients that come to the medical building vary in ages and the traffic presently on
Station Avenue is a nightmare. The addition of this service station will create more congestion,
accidents occur all the time between the businesses and the grocery store. The trash that is left on
his property is enormous and foreseeably would increase with another coffee shop and market.
In my opinion there are many reasons to deny this project. The number of Variances that the
Petitioner is looking for indicates that this is not the appropriate area. Perhaps modifying the other
station would be a better option.
Mr. Nickinello made a Motion to continue to June 27, 2019 — seconded by Mr. Baron. Motion
carries unanimously.
9/26/ 19
Minutes 06-27-19
approved in Open Session by Dick
Martin - seconded by Tom Baron
YARMOUTH BOARD OF APPEALS
MINUTES
DUNE 27, 2019
MEMBERS SITTING AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Dick Martin,
Thomas Nickinello, Dick Neitz and Tom Baron, Alternate.
Continued from April 11, 2019 (never opened):
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: BI; 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
B 1 Zoning District and APD and various dimensional setback and design, parking, drive-thru, landscaping,
lighting, and sign provisions, per the submitted plans and materials.
Continued from April 11, 2019_(never opened; May 9" ):
PETITION 04802: 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: BI, APD & ROAD. Companion application with Petition 94801 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.
Attorney Singer addressed the Board and introduced Randy Hart from VHB and confirmed that all
the members of the team were in attendance. Also present was Attorney Chamberlain, representing
the property owners and neighboring property owner, and Nino Micozzi, owner of the CVS plaza.
Attorney Singer listed the materials submitted for this hearing as a Supplemental Memo, and Revised
Zoning Analysis. The Petitioner has made changes that have reduced the type of relief needed. The
new sign code that was adopted at Town Meeting will eliminate some of the need to have so many
Variances that we originally requested.
We feel that this project will be an improvement and enhancement to the Town. The applicant is
proposing that the two stations, Sunoco and Shell, will have fuel service eliminated and removed
from both properties and all underground tanks which total about 10. The properties will be deed
restricted against future fuel service use. Additionally, those two sites, with the elimination of fuel
service will still have hazardous materials use, and car servicing. The new proposal the Petitioner
is offering is that Shell and Sunoco are both willing to eliminate their penc uses of hazards materials
no later than 48 months after the new location opens for business. At the 2 sites gas operations will
cease and within 48 months will give up all hazardous materials and will be repurposed. Giving up
grandfathered status.
Sketch plan by Ayoub Engineer SKI dated June 20, 2019, shows what the Shell Station which shows
a deeper front buffer along Station Avenue that will be planted along with a 20 ft. wide additional
new island creating a more attractive site with landscaping. Parking spaces will be indicated and
will be landscaped. There will be 2 new islands, one at each end, with in Iot trees. As for the drive
thru, we still propose 10 cars stacked but are looking for the use of 3 spaces to the north to be
designated employee parking. Mr. Micale, Ayoub Engineer, showed locations on the plan (Sheet
C 1) for the Board to visualize the area. Sheet C 1 shows all 10 cars and the parking spaces. Lighting
relief is for the driveway and perimeter lighting. The proposed lighting based on consultants and
industry standards, the proposal calls for 0.7 foot candles. The Dennis station is 45% greater. The
signs were brought up at the last meeting and when the Attorney General signs off on the changes
that were approved at Town meeting it will be all set.
At this time, Attorney Singer brought up case law Furlong vs Salem marked as Exhibit 1 and
Cavanaugh vs Diflumera both mass appeals cases were offered to the Board to look at. Attorney
Singer read a few sections of the case law. This lead to a discussion on what is planned on the
property i.e. gas/Seasons Market and coffee shop and is this 3 businesses and not with keeping with
our by-law in regards to co -branding.
Randy Hart, Principal with VHB and transportation consultants on the project. Based on the Cape
Cod Commission Traffic Study that was submitted to the Town we have modified and expanded our
initial traffic study that was submitted to the Town. In the study they expanded several studies
during critical periods, 7-9; 4-6 and 11-2 Saturday during the speak summer. They also performed
a traffic generation with a coffee use, using a Seasons Market with coffee shop drive-thru in
Lakeville. Using a formula of Lakeville, which has very similar characteristics, and watching que
at different times of the day the proposed drive-thru with a que of 10 is on spot. Analysis shows it
is definitely difficult to make a left hand turn at peak times and in summer conditions. The Stop &
Shop has 2 exits and some only 1 exit and it is a difficult area to make a left hand turn. Mr. Hart
stated there are pros and cons for a traffic light mid -way. Field operations were conducted in April
at the Stop & Shop Plaza which contributes to a lot of the traffic. Mr. Hart explained at this time
what the phrase "pass by" activity means and how this relates to the project before the Board. Mr.
Hart did share that with these different analysis, we are required to input conservative analysis. The
Commission asked that we bring in some Traffic Demand Management and the site will designate a
TDM coordinator, someone on site, an employee that will be selling it to employees. This will
include a ride share program that will guarantee a ride home for any employees that will be willing
to participate, bike racks will be available. This site will also have breakfast, lunch, snacks and fuel
that the employees can have available to them.
At this time the Board asked various questions to Mr. Hart regarding the number of motorcycles,
bikes, etc. using this road and the number of people that will be using the rail trial as well and the
congestion that in itself will cause without this project even being there. Mr. Hart did not have a
number at this time for the rail trail. The number of accidents in the study mentioned only 4 in S
years but members found that number hard to believe. Mr. Hart stated that the information was
obtained from records from Mass DOT and does not specify what intersection. Board members felt
that signalization should be looked at very, very seriously at this site. Also raised was the look of
the canopy which Mr. Micale addressed with Exhibit 3 dressing up the canopy using stone and tying
in with the building. A similar look as the Cumberland Farms on Route 28, West Yarmouth.
Attorney Singer mentioned that Design Review endorsed the project with a vote of 3-0. Chairman
DeYoung replied that correspondence received shows that the Community Development and
Planning were opposed to the canopy. Buffers were mentioned with the use of more trees and
specifically around the retention area.
Discussion moved on to "was it a good idea and whose jurisdiction for a traffic signal across from
Stop & Shop". Board felt it would be the jurisdiction of the Board of Selectmen. The Petitioner did
look into a signal and with all the different curb cuts in the area, it is not an ideal situation. Everyone
agreed that this area has existing congestion. The Board discussed the possibility of requesting the
Petitioner to designate "in only" and "out only "signs. Questions were raised regarding the curb cuts
and how the fuel delivery truck and supply trucks will enter and exit. Mr. Micale addressed this
issue. Mentioned in the discussion was the need for a clover leaf off of exit 8 to resolve the traffic
issues. A point was raised that the second traffic study did not go far enough and how the numbers
add up.
Steven Tupper, Transportation Program Manager, Cape Cod Commission, addressed the Board with
a review of the Commission letter submitted on April 24, 19. The study area was expanded as was
recommended and with regards to the signal to signal, the crash analysis findings are under the
district average. Between the 2 signals there have been 60 crashes over a 5 year period. This number
is above the state average. The original Trip Generation was based upon data from the Institute of
Transportation Engineers Trip Generation Manual which is the standard for this type of analysis and
was based upon a Super Convenience Market/Gas Station our concern at the time was that it did not
capture the co -branding use with the drive thru generating more trips with a coffee use. The
additional submission uses the site in Lakeville and I feel that a few more locations would have been
beneficial but that being said it probably wouldn't change the bottom line too much.
With regards to the operational issues, at the driveway. These analysis tend to be conservative, for a
reason, we don't want to induce a hazard. This is definitely a challenging corridor and some of the
faults are with the existing roadway but this Petitioner is choosing to locate on this roadway and
choosing to locate opposite the Stop & Shop driveway that does have its challenges. Concerns are
with the level of service and over capacity, which means the intersection does not have the ability to
process all the traffic moving in and out of it. Thus creating a worse situation on the roadway.
The rail trail is a feature that attracts people and increases traffic, pedestrian safety is a concern and
definitely with the rail trail. Folks will want to cross over and currently there are no dedicated
pedestrian facilities.
In our original traffic study with regards to a signal this is a challenging area and more analysis
would be needed. With regard to Access Management it is recommended the Applicant discuss
management techniques to limit the number of conflict points with the construction of two new full
access curb cuts on Station Avenue. In conclusion more studies be performed with restricting in and
out signs; sidewalks suggested; physical infrastructures such as easement for sidewalk study; 2 curb
cuts with traffic light and queuing for drive-thru and vehicles exiting with a co -branded use.
Chairman DeYoung inquired if anyone in the audience is in favor of this Petition to come to the
microphone. No one appeared.
Chairman DeYoung inquired if anyone in the audience is in opposition to come forward. Jamie
Veara, Vice -President of Davenport Companies. The Board has in their packet two letters signed
by Mr. DeWitt Davenport, Trustee of Davenport Realty, and owner of property that is a party of
interest. The multiple Variance requests must meet shape, spoil condition or topographic features
that present a hardship. Neither tonight nor the May 9`h submission did the applicant adequately or
remotely address that standard. This property is composed of sand, it is flat and the shape is
rectangular, not meeting any of the requirements of a Variance. The site is inappropriate.
Public portion is closed to the public.
Building Commissioner, Mark Grylls, addressed the mixed use or the co -branding question. When
I review applications I look at all the uses on the property, the required parking for each of the uses
and then makes sure that everything fits in place. They didn't need any additional parking and the
most restrictive use is the one they are seeking relief from now. Chairman DeYoung asked Mr.
Grylls that he is stating that in his determination the number of businesses that will be located at this
location has suitable parking for all 3 business. Mr. Grylls replied 'yes". Chairman DeYoung then
asked Mr. Grylls if there is anything that he can think of that may need zoning relief that the Board
has not addressed. Mr. Grylls responded that he believes that the Board has covered everything.
Kathy Williams, Town Planner, spoke to the difficulty with mixed uses with commercial uses on
one property and also meeting all of the dimensional requirements. This keeps a development site
reasonable compared to buffers and setbacks. They are asking for a lot of Variances with regard to
those dimensional standards. I believe meeting the criteria for all those Variances is going to be a
little bit difficult on this site for many of the reasons that Mr. Veara mentioned. I feel it is a heavy
use on a heavily congested road versus something that is not so quite intense. Special Permit criteria
for the Service Station gets right back to nuisance and congestion. Unfortunately the last person in,
this is the last piece of property available, has to deal with all the issues and congestion that has
come before it. As for the rail trail, there are 90 spaces there and will bring more traffic related to
that area.
Attorney Singer spoke stating that he disagreed with Mr. Veara's analysis that there are no shape,
topography issues. There is a topography issue with the area and the 3 businesses versus 2.
Chairman DeYoung replied that he is satisfied that Mr. Grylls feels the parking has been met based
on 3 business, he is satisfied. Attorney Singer responded that if you are satisfied, so am I.
Mr. Martin raised a question regarding the purchase of land for septic. Mr. Singer responded that
the project is unfeasible without it. Mr. Baron informed everyone that he is a member of that
committee and the committee will be meeting in the next 2 weeks.
Mr. Delli Carpini addressed the Board stating that they are good stewards for the towns and cities
that we are in in Rhode Island. We have a lot of properties that are smaller than this property. We
have spoken about intersections, signal lights, and if we have the ability to have a signal light we
would love too. Concerns about other coffee shops in town and hope the Board looks at this as a
cumulative application and what it will affect the surrounding properties. We heard what the Board
asked for at the meeting and being able to eliminate the service repairs at these other facilities was
not easy. We fought for it and we got it. Were eliminating all the tanks, consolidating here, I believe
the project will be good for Yarmouth. We are trying to accommodate as much as possible here.
Chairman DeYoung replied that he appreciated Mr. Delli Carpini's sincerity but the Town needs to
live with this project long after you may be in charge of the company. We are going to get it right
or we are not going to do it. We have a mandate by law and that law is the law applicable to
Variances and Special Permits. Even though something might feel good and look good we don't
have the right to deviate from that law. If we do, than someone impacted by our decision appeals it
and is successful on appeal if we do not apply the right law to the application of the facts in this case.
Our role is to protect the Town.
Mr. Igoe directed questions regarding the curb cuts, the suggestion of "in and out' signs to Mr. Delli
Carpini. Mr. Delli Carpini made a suggestion that if we had full access, we re-evaluate in 12 months
and make adjustments if needed then. As for the canopy it is a specific Shell design and I am held
to this and many other features that cannot be deviated with new construction. Both the Shell and
Sunoco will be decommissioned within 48 months if the Petition is approved.
Mr. Nickinello observed that you want to get closer to exit 8. Mr. Delli Carpini explained that the
former Shell station could not accommodate what is planned with this project. This is a new facility
that is designed to fit the needs of what people want today. Discussion continued and Mr. Nickinello
expressed his feeling that the business you want is on an undersized lot. Mr. Baron agreed that the
project is large and the site undersized and more traffic studies are needed. Mr. Neitz felt that the
Town would get a significant benefit with the decommissioning of the two stations in the APD.
Mr. Singer asked the Board to look at this holistically and all the properties involved.
Chairman DeYoung polled the Board asking if they are prepared to make a decision this evening.
The response was negative.
Chairman DeYoung suggested that canopy be looked at again, determination of optimum traffic
flow and how each Variance request will meet the criteria. Mr. Igoe concurred and suggested
streamlining the Variances and noted the traffic is a big concern for him. The Board asked the
Petitioner to come back and tell them what the traffic flow is in their other businesses. The Board
in general felt that the closing of 2 stations was significant and beneficial to the APD.
In conclusion the Board suggested that the Petitioner review: 1) reduction of Variance relief;
2) canopy; 3) traffic.
Motion was made by Mr. Nickinello seconded by Mr. Neitz to allow a continuance to August S,
2019. Motion carries unanimously.
X
YARMOUTH BOARD OF APPEALS
MINUTES
AUGUST 8, 2019
MEMBERS SITTING AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Dick
Martin, Thomas Nickinello, Richard Neitz and Tom Baron, Alternate.
PETITION 44816: Kings Way Trust, 64 Kings Circuit, YarmouthPort, NIA. Map & lot#:
0142.12 & 0142.13; Zoning District: R-40. The applicant seeks a Special Permit under §104.3.2(3)
& (4) to construct a new stainless steel walk-in cooler to be attached to the club house and restaurant
on the northerly portion of the property, or in the alternative a Variance from §203.5 for 3 foot
encroachment into front setback, or a Variance from §202.5 for expansion of eating and drinking
establishment use. This application also seeks modifications of all prior decisions regarding the
development of Kings Way. a condominium.
Presenting the Petition was Attorney Paul Tardif; Todd Cantara and the Chairman of the Board of
Directors of the Kings Way Trust. Attorney Tardif gave a history of the development and a review
of the past decisions. The restaurant has a walk-in cooler in the basement which requires all
deliveries to be brought down a long set of stairs. The plan is to construct a door that access the
cooler and eliminates the up and down stairs. The cooler is 12 x 17 feet and sits on a pad. If permitted
the cooler will encroach about 3 '/2 feet into the front yard setback. The property that the restaurant
is cited is approximately 8.3 acres. The project has been approved by the Old Kings llighway and
will be screened and if additional screening is needed it A111 be added. The cooler was purchased
and after it was realized that it needed relief. The hardship would be owing to the structure. it -,gill
not cause any detriment.
No one was in the audience either in favor or auainst.
Board discussion:
The Board all agreed that this is an innocuous request, the cooler will make the situation more
convenient and the screening will make it disappear.
Mr. Igoe make a Motion to approve the Special Permit under 104.3.2 (3) & (4) for the expansion of
the use. Mr. Nickinello seconded. Motion carries unanimously.
Minutes approved in Open Session 12/12/19.
Motion by Tom Nickinello, seconded by Dick
Martin. Motion carries unanimously.
Continued from April 11 (never opened); May 91h and June 27 h:
PETITION 44801: 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 B1 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 43453 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.
Attorney Singer present along with Randy Hart, and Mr. Delli Carpini, addressed the Board. Mr.
Singer handed out a colored APD Improvement Plan marked as Exhibit 5; the second was a google
earth image from Whites Path to Old Townhouse and marked as Exhibit 5. A submittal submission
was proved and Mr. Hart will go over the transportation changes. Mr. Singer reviewed the proposal
that involves re -developing 473 and 479 Station Avenue. The sites will be closed, decommissioned
and deed restricted against future fuel operations. An agreement has been entered to phase out and
relinquish hazardous uses and materials at both of these sites as part of this proposal.
Neither of these sites are able to be upgraded given their historical development. The Board has
asked for several items at these sites, and we are in the process of meeting those requests with all
tanks removed, car service discontinued and the Shell property cleaned up and pending approval
from this Board, within 48 months re -development of the two sites.
The curb cuts have been re considered and on the new plan the south stays the same, the north has
shifted to the north end of the property and made into a right in, right out which improves circulation
and alieves any issues with the drive thru. Four on site trees have been proposed and we do not need
relief for this. The canopy style has been changed and can be viewed on sheet SG2. We are
proposing a reduction in sign Variances and one instance using the existing Shell Station sign be
removed and replaced with a conforming sign and a new free standing as proposed on the plan.
Mr. Hart has reached out to DOT several times regarding the rear of the bike trail and has not
received a response back.
At this time Mr. Singer reviewed the court cases that had been submitted to the Board, the merits of
this proposal that for balance the merits vs the detriments. As has been discussed the traffic is the
detriment but Mr. Singer pointed out that every business on this stretch of road is faced with a failing
left turn situation. Mr. Singer reiterated that this proposal meets the standards and is worthy of
approval.
Mr. Randy Hart addressed the Board in review of his Memo dated July 18, 2019 that reviewed
Alternatives 1-4. Alternative 4 is the one that we feel is the better alternative and Mr. Hart expanded
on this option in his discussion. The traffic operations analysis was summarized by Mr. Hart and
these operations are on the conservative side. Mr. Hart mentioned that the rail trail has 90 parking
spaces and the level of service for this site, the rail trail, will operate in the summer at peak times as
our proposed site will.
Mr. Neitz felt overall the benefits get better and better with protection to our APD with 2 sites being
decommissioned. The Dennis site did not have the physical ability to have a drive thru. The question
was asked if the drive thru and coffee business were eliminated can you proceed without it? Mr.
Delli Carpini stated it is integral for it to proceed. Mr. Neitz made comparison of the Dunkin Donuts
on Station Ave that creates on a Saturday in the summer many vehicles at this site and it could not
happen at this new site. Mr. Hart did observations in another Seasons and studied the peak time and
capacity of cars that were similar as to Station Avenue_
Mr. Martin was pleased to see changes made and effort to come into compliance where possible.
His feelings remain that this is a project on a site that is asking for a lot on too little of a property.
Looking over the Variances, some could conform, appears two of the 10 foot buffers have been
compromised, hip roof on the canopy an improvement but the yellow strip is not within keeping.
The curb cuts remain a problem and he prefers to see signalization.
Mr. Igoe asked for an explanation on how this right turn only is going to be constructed. Mr. Micale,
walked the Board through the process of how this will work. Mr. Singer addressed the question of
the other two stations, they will be shut down when this site opens up, gas will be taken out, and
everything out of the ground will be Phase 1. Auto repair will be eliminated in no more than 48
months after the new site opens. The Sunoco station the gas operation would end at the same time,
the owner would continue the business that is there and within 48 months would phase out all non-
conforming use as well. All underground tanks come out when the fuel comes out in Phase 1. On
the Sunoco property we have an agreement with the owner on the closing procedure. Discussion
between Mr. Igoe and Mr. Singer regarding the possibility of expanding Station Avenue if there was
still land within the layout continued.
Ms. Williams, Town Planner, spoke in regards to the expansion of Station Avenue, that there is about
5 feet on either side which is typically saved for a sidewalk within the right of way so to try and
expand that for a right of way would eliminate any sidewalks in the future.
4
Mr. Delli Carpini addressed the Board regarding the Dunkin Dounts in South Dennis in his store and
in another one at the Ring Brothers Plaza is operated by the same person. In our facilities the drive
thru is secondary to our operation and with it we have not had any problems. No contracts have
been signed with any coffee branch at this time.
Chairman DeYoung stated that this is a town wide BI Zoning District for business. Mr. Singer
addressing the Chairman's question regarding the legal cases submitted, the cumulative of this
project and quest to hear his opinion on topo, soil and the hardship in this situation. Mr. Singer sees
this project as a cumulative holistic project. It is this new site, the Shell site and the Sunoco. 40A
Section 10 is the Variance provision and mirrors the Town by-law and discusses the need for
Variances for land and structures when you can't meet the by-law. Looking at the entire project
there are various hardships that occur and are met. Specifically, the largest one is the fact you have
the historical development of the structures and uses in tanks and pumps and buildings of the two
existing gas stations located within the APD. What is unique here is the overlay district and before
it went into effect, the Shell and the Sunoco existed. These are all preexisting conditions that 1
submit are part of structures and the soil conditions and topography are the fact that you have the
natural water formulations in this area. Two of the sites have already been in the APD and are
preexisting nonconforming uses in the APD. The Shell and the Sunoco cannot be upgraded in the
same way. They are too small or the shape is unusual. This an innovative proposal, we are asking
you for something that you haven't seen before. We are trying to make an area wide improvement
and the reason that these are all connected together gets to hardship. The hardship owning to the
fact that you have it in the APD you have it in the existing structures, land forms and improvements,
the gas stations can stay. This project needing relief moves it. All together this project with all three
sites meets the statutory criteria and justifies the hardship. Two of the cases that I submitted talk
about economic unfeasibility. We are reducing a threat of harm or a future threat as part of the
hardship.
Chairman DeYoung felt that reducing the risk in the APD of all three sites is a plus plus along with
the improvement to the APD. The Board members expressed the concerns they have with the
project, some with the circulation pattern, some that felt it was not a structure that is Cape Cod like.
The biorention question raised by Mr. Baron was addressed by Mr. Singer in his understanding with
the Building Commissioner as long as the edges of the drainage swale are planted it conforms to the
by-law and it does.
Mr. Singer addressed the land acquisition question. There have been talks and the meeting will be
held in the next few weeks. Town staff has been working on this.
Mr. Micale addressed the question of the circulation issue.
Colleen Medeiros, Transportation Engineer with Cape Cod Commission, addressed the Board in
summarizing her e-mail submitted August 2, 2019 in response to the Access Alternative Analysis
Memorandum dated July 18, 2019 prepared by VHB, regarding the proposed Seasons Corner
Market. Cape Cod Commission Transportation Staff reviewed the memorandum and met with VHB
to discuss their Access Alternative Analysis traffic memorandum on July 25, 2019. In our
professional opinion, the additional access alternatives do not fully mitigate the traffic congestion
and safety concerns along Station Avenue associated with this intensive use.
Based on our review, Alternatives 3 and 4 provide improved operations over two full access
driveways and seek to minimize impacts by reducing the number of conflict points along this busy
corridor. However, we found that even under AIternatives 3 and 4 there are still potential congestion
and safety issues that will result from a facility with a convenience store, coffee co -brand with drive-
thru and a 12 position fueling facility on this roadway. We also found that the volume to capacity
ratio the southern driveway will operate over capacity once this store opens and that is not
acceptable.
Ms. Medeiros wanted it on the record that the Cape Cod Commission did not design the bike path
or parking lot, they were involved in funding but not the designing.
Chairman DeYoung read into the minutes the letter from Dr. Warren Woods dated August 2, 2019,
Dr. Woods is not in favor of the Petition,
Attorney Rob Chamberlain, with a practice in Yarmouth and resides in Dennis. He is present
representing the Luby's a proponent and he also happens to be the landlord in Dennis where Colbea
is now operating. Attorney Chamberlain spoke praises of the Applicant who runs a triple A
operation. He went on to give some history of the Dennis site and even though it doesn't have a
drive thru it is busy and has had no issues. Traffic is a problem but everyone who is there contributed
to it. This is an excellent proposal, Yarmouth could do a lot worse, and we are proponents of the
proj ect.
Mr. Nickinello asked Mr. Chamberlain if in Dennis the site was in an Aquifer District. The response
was no, but it's not in an overlay district, same issues apply.
Chairman DeYoung opened the meeting to anyone present in opposition to the Petition?
Jamie Viera, Vice President of the Davenport Companies, South Yarmouth and a party of interest
given ownership on Workshop Drive. Mr. Viera mentioned the Variance criteria at the last meeting
and the applicant's failure to meet that at the time and the homework assignment that the Board gave
the applicant at that time. Having reviewed Mr. Singers Memorandum, on page 3, sentence begins
with the "the Board's review is not based on the application of the criteria discreetly" to each aspect
of the proposal. Meaning we are not looking at just this particular parcel but collectively to all the
land and structures in the proposal. The proposal represents one overall holistic redevelopment.
And in response to the chairman's question, we heard again that this was a holistic project. The
problem with that is I don't think we can look at this as a holistic project or a global project. The
source of this belief comes from your by-law section 102.2,2 is the power of the Board. The Board
has the power to hear and decide appeals or petitions for variances from the terms of this bylaw,
including variances for use, with respect to particular land and structures. I looked up in the
dictionary the word "particular" and it says, "of relating to or being a single person or thing." It
means the power to grant a Variance with respect to a singular piece of land. Meaning the soil
condition on one piece of land in Yarmouth should have no bearing or soil condition on another
piece of land in Yarmouth. For this particular piece of land we have not heard a singular reason to
justify Variance criteria for relief. Instead we heard about the inability to upgrade two other pieces
of property. The fact that these other pieces of property cannot be upgraded what bearing does that
have on the inability to meet front setback for this property. What is it about those two properties
that allows you to deviate from the front setback? Nothing, it is not a shape factor, not a soil factor,
not a topography factor for this lot. The use is in direct contradiction from what the APD allows.
They don't have a unique circumstance to allow them to deviate. What is the hardship? This is a B 1
Zoning District that could have something that conforms on it. I would urge you to look at the
factors as they relate to this property, and when those things are done, it can't pass.
Mr. Singer responded to Mr. Viera's comments that if we are going by the zoning by-law I believe
that this proposal is authorizable by Variances and you considering them for the multiple parcels.
Referring to by-law 102.2.2 Mr. Viera states your powers refer to land and structures. Land is both
singular and plural and structures is plural. No contradiction, there are no cases that say you can't
do that. I believe that you can review it as a cumulative holistic proposal that we have before you.
Looking at the sites out there you have buildings that violate setbacks, you have parking that violates
setbacks. This new site has much more conformance than the old sites. If you look at the full in and
out curb cuts, where the buildings are and the asphalt I respectably submit that this is an
improvement. You're always going to need gas stations in this area, peer reviews were done and
everyone that has looked at this new site believes it will improve. It will improve the water quality,
having less asphalt on the Shell site all factors protect water. If this project does not happen.. all the
agreements with Sunoco are gone, the ability to deed restrict the property the ability to get rid of the
car sales, the ability to get rid of the car repair, the ability to get rid of the gas station will all be gone.
We ask you to consider that this project is the best, wonderful and unexpected ability to take 3
properties and improve and protect the APD and that is the goal.
Board discussion:
Chairman DeYoung addressed the Board asking, "do we have the powers"? Yes, we do and the
right to think of this as a global matter. Our charge is to protect the APD. The specifics of this case
are spelt out on the Zoning Analysis Revised 8/1/19 sheet. The Board went through each one of the
Zoning Relief Required and made comment on each Special Permit and Variance, Dimensional
Variances and Signs.
The Board found, that the land and structures involved are impacted by the unique soil conditions
of the Aquifer Protection 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 B1 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.
Noted are the comments made by the Building Commissioner, Mark Grylls, in assisting the Board
regarding the bio-retention basin is a structure and needs to have a 10 foot buffer around the
perimeter just like any other buffer on the property and should have plantings added around the
retention basin. Also, a canopy is a structure.. there are canopy's around town that have signs and
the by-law remains silent on canopies.
The Board tools the following votes on the Proposal:
Special Permit for H6 and H 10 use of the Pro e . Sean Igoe made a motion, seconded by Richard
Neitz, and voted five (5) in favor and zero (0) opposed to grant the requested Special Permit for
use based on the above Findings and submitted plans and further that the proposed development
will not create any undue nuisance, hazard or congestion and that there will be no substantial harm
to the established or future character of the neighborhood or Town and that the additional
requirements set forth in Sections 406.5.3 and 406.5.5 of the Zoning By -Law, including without
limitation that the control measures proposed have given due consideration to the simplicity,
eligibility and feasibility of implementation and maintenance and to protective measures to reduce
the potential threat to water quality should any of these measures unexpectedly fail, have been met
and upon the following conditions:
A. All nonconforming uses at 446 Station Avenue shall cease within fourteen (14) days after
the new site opens for business and the underground storage tanks shall be removed from
446 Station Avenue and the site upgrades as per the reviewed Sketch Plan shall be
implemented no later than nine (9) months after the new site opens for business;
B. The nonconforming fuel service use at 433 Station Avenue shall cease within fourteen (14)
days after the new site opens for business and the underground storage tanks shall be
removed from 433 Station no later than nine (9) months after the new site opens for
business and all remaining nonconforming use of 433 Station Avenue shall cease no later
than forty-eight (48) months from the date when this Decision is final;
C. Deed restrictions shall be recorded on the chains of title for both 433 Station Avenue and
446 Station Avenue restricting each property from future nonconforming uses within the
APD and copies of such Deed Restrictions as recorded shall be returned to the Board of
Appeals Such deed restrictions shall incorporate the time lines for discontinuance of such
uses as set forth in Paragraphs A and B above;
D. The Petitioner agrees to grant to the Town of Yarmouth in the future a five (5) foot wide
easement along the Property frontage in order to allow for a sidewalk to be installed should
the Town so seek at that time; and
E. The Petitioner shall complete the nitrogen aggregation process to deed restrict off -site open
space land for purposes of credit to the Property prior to the new site opening for business.
F. The Petitioner shal I comply with all requirements of the Board of Health.
Variance for H6 use of the Property. Sean Igoe made a motion, seconded by Richard Neitz, and
voted five (5) in favor and zero (0) opposed to grant the requested Variance for use (fuel service
only without vehicle service nor (vehicle washing) based on the above Findings and the submitted
plans and further that the hardship is based on the soil conditions and topography of the land and
the structui,es as discussed above and that the intent of the APD By -Law will be met to protect the
groundwater and that there will be no harm to the public good and upon the same conditions set
forth in the Special Permit vote above plus the following additional conditions:
A. No hazardous products purchased inside the building at the Property shall be used or added
on or to a vehicle when the vehicle is located on the Property;
B. The only products allowed to be added into a vehicle at the Property shall be gas and diesel
fuel dispensed from the on -site dispensers;
C. The Board of Health will verify that the design is in accordance with all Massachusetts
Stormwater Standards;
D. The developer shall retain a third -party engineer/LSP to provide certification that the
project was constructed and installed as designed and passed all start up and commissioning
tests to verify proper operation;
E. The facility is required to submit a third -party compliance inspection to the
MassDEP every three years, and the facility shall provide a copy of this report
concurrently to the Board of Health and Water Department; and
F. The proposed new underground storage tanks shall have a 30-year service life.
Variance for canopy front setback. Sean Igoe made a motion, seconded by Richard Neitz, and
voted four (4) in favor and one (1) (Martin) opposed to grant the requested Variance for the canopy
front setback with the mansard design and colors as shown on the revised architectural plans based
on the above Findings and further in accordance with the prior votes of the Board herein with no
additional conditions;
Variance _for parking in front of the buildino. Sean Igoe made a motion, seconded by Richard Neitz,
and voted five (5) in favor and zero (0) opposed to grant the requested Variance for parking in front
of the building based on the above Findings and submitted plans and further in accordance with the
prior votes of the Board herein with no additional conditions;
Variance for curb cut radius. Sean Igoe made a motion, seconded by Dick Martin, and voted live
(5) in favor and zero (0) opposed to grant the requested Variance for the curb cut radius based on
the above Findings and submitted plans and further in accordance with the prior votes of the Board
herein with no additional conditions;
Variance for centerlines of driveways. Sean Igoe made a motion, seconded by Richard Neitz, and
voted five (5) in favor and zero (0) opposed to grant the requested Variance for the centerlines of
driveways based on the above Findings and submitted plans and further in accordance with the
prior votes of the Board herein with no additional conditions
Variance for plant species. Sean Igoe made a motion, seconded by Dick Martin, and voted five (5)
in favor and zero (0) opposed to grant the requested Variance for the plant species as shown on the
revised landscape plan based upon the above Findings and further in accordance with the prior
votes of the Board herein with the following additional condition:
A. Buffer trees shall be maintained or planted as required along the edges of the bio-retention
basins where the same abut the Property lines;
8. Variance for front buffer tree spacing and in -lot trees. Sean Igoe made a motion, seconded by Dick
Martin, and voted five (5) in favor and zero (0) opposed to grant the requested Variance for the
front buffer tree spacing and the number of in -lot trees as shown on the revised landscape plan,
including reference to the utility poles and their respective guy wires, based upon the above
Findings and further in accordance with the prior votes of the Board herein with the following
additional condition:
A. A new island with one in -lot tree shall be planted in the middle of the row of parking behind
the new building;
Variance for perimeter and driveway photometrics. Sean Igoe made a motion, seconded by Richard
Neitz, and voted five (5) in favor and zero (0) opposed to grant the requested Variance for the
photometrics as shown on the revised lighting plan based on the above Findings and further in
accordance with the prior votes of the Board herein with no additional. conditions;
10. Variance for directional signs. Sean Igoe made a motion, seconded by Dick Martin, and voted five
(5) in favor and zero (0) opposed to grant the requested Variance for directional signage as shown
on the revised plans based upon the above Findings and further in accordance with the prior votes
of the Board herein with the following additional condition:
A. An additional Do Not Enter sign shall be installed at the exit driveway of the northerly
right -in, right -out curb cut; and
1 1. Variance for freestanding monument sign and attached signs. After further discussion with the
Board, the Applicant requested and the Board voted five (5) in favor and zero (0) opposed, upon a
motion by Sean Igoe, seconded by Richard Neitz, to grant the Applicant's request to withdraw
without prejudice the request for additional sign variance relief as follows: Section 303.5.4.1 —
freestanding sign (face area square footage), and Section 303.5.5.2 (attached signs -- height and
number).
RECEIVE °
Clark, Sandi 'CIA E-MAIL
From: Colleen Medeiros <colleen.medeiros@capecodcommission.org>
Sent: Friday, August 2, 2019 9:48 AM
To: Williams, Kathleen
Cc: Steven Tupper; Clark, Sandi
Subject: Seasons Gas - CCC Traffic Follow Up
Attention! This email originates outside of the organization. Do not open attachments or click links unless you
are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure.
Otherwise delete this email.
Good Morning Kathy,
This email serves to provide a follow-up in response to the Access Alternatives Analysis memorandum dated July 18,
2019, prepared by VHB, regarding the proposed Seasons Corner Market on Station Avenue in Yarmouth. Cape Cod
Commission (CCC) Transportation Staff reviewed the memorandum and met with VHB to discuss their Access
Alternatives Analysis traffic memorandum on July 25, 2019. In our professional opinion, the additional access
alternatives do not fully mitigate the traffic congestion and safety concerns along Station Avenue associated with this
intensive use.
Based on our review, Alternative 3 and 4 provide improved operations over two full access driveways and seek to
minimize impacts by reducing the number of conflict points along this busy corridor. However, we found that even
under Alternatives 3 and 4 there are still potential congestion and safety issues that will result from a facility with a
convenience store, coffee co -brand with drive-thru and a 12-position fueling facility on this roadway.
Please find a summary of our review for each alternative below:
Alternative 1—Signalized Northern Driveway
Alternative 1 includes signalizing the intersection of Station Avenue and the Stop and Shop driveway/Proposed Seasons
northern driveway. According to VHB, this alternative was not advanced for further consideration due to the projected
queueing on Station Avenue. However, it appears that the traffic signal analysis did not include any assumptions for
necessary roadway improvements or reconfiguration, which would likely be required in order to provide adequate traffic
operations with a traffic signal at this location. Overall, CCC Transportation Staff have concerns with the traffic signal
alternative as it may result in a negative impact to operations for the entire corridor. A further in-depth look of the
entire corridor and coordination with the Town and the Stop and Shop property owners would likely be required before
considering a traffic signal alternative at this location.
Alternative 2 — Right-In/Right-Out
Alternative 2 would restrict left turns out of the northern site driveway while the southern driveway would restrict all
left turns. CCC Transportation Staff is in agreement with VHB to not advance this alternative as exiting left turns would
not result in a functional site. All drivers intending to exit left but forced to exit right due to restricted exits would create
an unsafe condition where vehicles may make illegal movements trying to reverse direction on Station Avenue.
Alternative 3 — North Driveway Enter Only, South Driveway Exit -Only
Alternative 3 proposes to have the site operate under a one-way circulation with the northern driveway restricted to
entering vehicles only and the southern driveway restricted to exiting vehicles only. This alternative does achieve a
reduced number of conflict points along the corridor with this access management technique. In addition, the traffic
operations analysis does result in an improvement with the proposed driveways expected to operate under capacity
(volume to capacity ratio <1.0). CCC Transportation Staff sees potential merit with this alternative as all site traffic would
be processed during the peak hours, however, the proposed southern exit -only driveway would still operate at a LOS F
with delays ranging from one to two minutes. This configuration still results in congestion and safety issues and creates a
failing roadway intersection. If this alternative was advanced for further consideration, CCC Transportation Staff
recommends that the site be redesigned to realign the gas pumps and the parking spaces in a diagonal layout to enforce
the one-way circulation so it is more intuitive to customers and discourages wrong -way traffic.
Alternative 4 — North Driveway Shifted North and Right-] nRi ht-Out
Alternative 4 shifts the northern site driveway northerly and would no longer intersect Station Avenue directly across
from the Stop and Shop driveway. In addition, the northern site driveway would restrict all left turns, while the southern
driveway would provide full access and allow all turning movements. Although the internal site circulation is improved
under this scenario to separate driveway traffic from the gas canopy, the traffic operations associated with Alternative 4
still project the southern site driveway to operate at LOS F and over capacity (volume to capacity ratio >1.0) during all
three peak hours. As stated in our review memorandum dated April 24, 2019, the proposed site driveways should not be
designed to operate over capacity as the site volumes would not be processed during the peak periods which in turn
would result in an operational issue and safety hazard. Based on the analysis presented at this time, we do not
recommend this as the preferred alternative due to the projected operational and safety issues.
We will plan on being in attendance at the continued ZBA hearing on Thursday, August V. Please let us know if you
need any additional information.
Thanks,
Colleen Medeiros, P.E.
Transportation Engineer
Cape Cod Commission
3225 Main Street I P.O. Box 226
Barnstable, MA 02630
(508) 744-1226 1 www.capecodcommission.org
RECEIVE
VIA E-MAIL
Clark, Sandi
From: Warren Woods <windsurf403@gmail.com>
Sent: Friday, August 2, 2019 12:59 PM
To: Clark, Sandi
Subject: Response to Memorandum of Colbea Enterprises, LLC.
Attention! This email originates outside of the organization. Do not open attachments or click links unless you
are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure.
Otherwise delete this email.
............................................................................................................................................................................................................................................................................................................................................................................
From: Dr. Warren Woods
Date: August 2, 2019
Re: To: Yarmouth Board of Appeals
Proposed Seasons Corner Market/Shell Station (Appeals #4801 and #4802)
473, 479 and 487 (portion) Station Avenue, South Yarmouth, MA
Dear Board Members:
Yesterday, I received a courtesy copy of the SUPPLEMENTAL MEMORANDUM filed by Attorney Andrew Singer on Behalf
of his client, Colbea Enterprises, LLC. The following comments are my thoughts concerning the Memorandum.
In the Introduction section of the Memorandum, the applicant once again incorporates activities at nearby properties as
part of his application forvariances and special permits forthe 473, 479 and 487 parcel he is interested in developing
where in fact, what transpires at those other businesses has nothing to do with this application.
In the Conclusion section of the document, Mr. Singer describes "...several cases in which the Massachusetts Courts
have affirmed the granting of variances (both use and dimensional) when there are specific factors regarding the shape
and/or topography of a parcel or parcels of land and the structures thereon which render economically reasonable and
practical use of such land or structures infeasible absent the requested variances." Although I am not an attorney, the
cases Mr. Singer cited further in the documents do not seem to apply in this instance, particularly since there are no
structures on the parcel, the land is flat, and the shape is almost rectangular. The court cases and decisions cited do not
seem to apply here although they are interesting.
The applicant continues to apply for a variance for a specifically prohibited use on the parcel, specifically the installation
of underground fuel storage tanks. There is no legitimate need for the Board to grant a variance for the storage of
underground fuel on this site in direct opposition to the zoning laws. The applicant also requests additional relief from
the zoning laws because they do not wish to comply with the zoning statues regarding "... the canopy front setback;
parking in front of the building; centerline of driveways; plant species; front buffer tree spacing; photometrics; and
signage." In my opinion, the applicant still wants to ignore these zoning requirements and develop the property how he
desires trampling the specific requirements of the zoning by-laws.
To justify their argument that the Board should grant the applicant variances and special permits, the applicant states
"...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....."
The above statement by Mr. Singer confuses me. Parcels # 473 and 479 are owned by members of the Luby family
according to the Barnstable County Registry of Deeds. Parcel # 487 is owned by James Machnik according to the
Barnstable County Registry of Deeds. Unless 1 am mistaken, Colbea Enterprises, LLC. does not own the parcels. It is
most likely that they have a provision in a Purchase and Sale agreement or an Offer to Purchase document that
requires the permits for the proposed gas station/convenience store/restaurant prior to their purchasing of the
lots. So, since Colbea Enterprises, LLC. does not own the parcels, 1 fail to see why they are suffering any
"hardship". The owners of these parcels can easily and reasonably sell them to another party who will be able to
build a structure on the property that is conforming with the Zoning By -Laws of the Town of Yarmouth. They are also
obviously suffering no "hardship". Colbea Enterprises, LLC. should locate a parcel of land to develop for their needs
that conforms with the local applicable zoning requirements for that lot.
Mr. Singer also states "...the proposal will not result in a significant increase in traffic". That statement is based on the
data gathered by the applicant's traffic study. Any additional traffic in the area is "significant'. However, the increase in
traffic has nothing to do with the increase in traffic congestion that I postulate will be dramatic. The plans submitted
with the Memorandum, especially Sheet TP-1A, clearly demonstrate that traffic will back up onto Station Ave. with even
minor backups of vehicles and trucks trying to enter the proposed north entrance of the gas station/convenience
store. As a consequence, the driveway to my office building will be blocked limiting the access of emergency vehicles
into my parking lot. We have multiple ambulance runs to my office each week. Any blockage of my driveway could
mean someone might die if an ambulance cannot enter.
The admonition of the Board by Mr. Singer to accept the applicant's proposal to combine the removal of the
underground tanks from the Shell and Sunoco gas stations as part of this project seems to be an effort to intimidate the
Board. His claim that "...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, is a substantial hardship." I do not know how this is a
"substantial hardship". Also, there must have been a change in the Zoning By -Laws last week because as far as I know,
underground tanks are still not allowed in the zoning applicable to this site. Finally, I am unaware of a "need" for this
facility since at this time, there are multiple gas stations, restaurants and food stores in the area.
For the above reasons and the reasons l have previously sent you in letters to the Board, I respectfully request that you
deny the applications of Colbea Enterprises, LLC. to build a convenience store/restaurant and gas station on the
combined parcels of land.
Sincerely,
Warren D. Woods, D.M.D.
2
RECEI '
Clark, Sandi
From: Warren Woods <windsurf403@gmai1.com>
Sent: Friday, June 28, 2019 3:05 PM
To: Clark, Sandi; Warren Woods
Subject: Re: Proposed Seasons project on Station Ave.
Attention! This email originates outside of the organization. Do not open attachments or click links unless you
are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure.
Otherwise delete this email.
On Fri, Jun 28, 2019 at 3:01 PM Warren Woods <windsurf403(nLgmail.com> wrote:
Hi Sandi:
Please send this email to the Board members please.
Thanks,
Warren Woods
p.s. I noted a misspelling and corrected it.
Dear Board Members:
It was my pleasure to attend last evening's meeting and listen to the discussion concerning the construction of
a Seasons convenience store, gas station and coffee/sandwich shop on the vacant land available on Station
Ave. The Board is impressive in their professionalism and exercise of due diligence in their review of the
proposal. I would like to provide a couple of comments to the Board concerning the topics discussed
yesterday.
If the requirements for the issuance of variances are according to Mr. Veara's interpretation of the law: that the
criteria necessary for the issuance of a variance are related to hardships concerning topography, shape or soil
composition, the applicants have clearly not shown any hardship related to those factors so the request for
variances should be denied.
i
It is also important to note that some of data in the traffic report is estimated from an off Cape location that
may or may not have a similar traffic pattern to Station Ave. The commuters at a railway station are usually
going to work in the morning and home from work in the evening. The daytime traffic at railway stations is
likely to be far less than during rush hours. In comparison, the traffic on Station Ave. seems to be heavy all
day and very heavy during the rush hours and summer season. More actual vehicle counts would be better to
give a more accurate picture of the current and projected traffic vehicular flow. The suggestion of the Cape
Cod Commission representative to get traffic studies from multiple locations of Seasons stores makes great
sense, particularly if those stores are on Cape or in vacation areas and especially if they had Dunkin Donuts
stores inside. This study would help give a better picture of possible traffic flow and potential increase in
congestion on Station Ave. The Town Planner also seemed to agree with the Cape Cod Commission that the
development of this project would lead to significantly increased traffic congestion on Station Ave.
There was some discussion of the location of curb cuts and new traffic signals to control the traffic exiting and
entering the proposed business. In my opinion, an additional set of traffic signals would allow easier access
and egress to the Seasons store and Stop and Shop Plaza but would severely hamper the flow of traffic on
Station Ave. The signal would need to be coordinated with those already existing. I can envision the stacking
of cars attempting to purchase products through the drive through window of the Dunkin Donuts extending
onto Station Ave. at times and because of a red signal, having southerly proceeding traffic blocked causing a
dramatic blockage of traffic through the White's Path signal that could extend to the off ramp of exit S at
certain times of the day.
The representative from the Cape Cod Commission made a statement that if traffic from the Seasons building
was stacking up on Station Ave. an accommodation would have to be made. However, he did not define what
that accommodation would be. I am curious about it because there is no room on the site to add any more
lanes for vehicles to remain stacked. There will be more than ten cars in the line of cars waiting for the drive
up window service some days, if a Dunkin Donuts franchise installs a store in the building (if the Dunkin
Donuts stores in other locations are any indication). If those vehicles extend onto Station Ave, they will block
access and egress by the vehicles entering or already in the store parking lot or gas pumps causing an unsafe
situation. The backup will extend at least to White's Path and block our driveway.
I have observed vehicles exiting from the highway off ramp and proceeding southerly on Station Ave. at a high
rate of speed through the intersection of White's Path when the signal is green. These cars then tend to brake
hard beginning in front of Today Real Estate as they need to slow down and stop for traffic turning into the
CVS/Wendy's driveway. If you have the time, please observe this activity and you will be shocked at how fast
cars need to stop in that location. If a Seasons store was located between Today Real Estate and the
CVS/Wendy's driveway, these speeding vehicles would need to slam their brakes on in front of my building
and stack up preventing access to my driveway. The Town of Yarmouth Police Department should be asked to
provide input about the above at the next meeting.
Beyond the traffic issue, the excessive nitrate loading of the septic system needs to be accommodated. The
suggestion by the applicant to pay the town to preserve town owned vacant land from development might be
Warren D. Woods, D.M.D.
Clark, Sandi
From: Greene, Karen
Sent: Thursday, June 27, 2019 2:23 PM
To: Clark, Sandi
Cc: Williams, Kathleen
Subject: land disposition process
HI Sandi
I wanted to keep you in the loop regarding the Town's land disposition committee review of properties requested for
use in a Nitrogen Aggregation Plan for the Seasons gas station. As you know, they've submitted an application for
review of three town owned parcels. Once reviewed by a staff committee, the requests will be passed along to Land
Disposition Committee for their review and recommendation (which would be made to the Board of Selectmen).
would expect this Committee would be convened a month from now.
Please let me know if you have any questions. I snared this information with Attorney Singer who stopped by the office
yesterday.
Thanks,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
k reene armouth.ma.us
503-398-2231 x1278
Estabrished 1956
20 NORTH MAIN STREET
SOUTH YARMOUTH, MA 02664-3143
TEL: 508-398-2293 • 800-822-3422 • FAX: 508-394-6765
June 26, 2019 www.thedavenportcompanies.com
Board of Appeals
1146 Route 28
So. Yarmouth, MA 02664-0836
Re: Petition #4801 and #4802
Dear Members of the Board:
RECEIVED
EiLiv
262019
YARMOUTH
130ARD OF APPEALS
Having heard the Applicant's May 9t' presentation, as well as reviewing the supplemental materials
submitted, I'm writing to set out several points in furtherance of my opposition letter of April 3, 2019.
1. The Applicant provided no facts to support the numerous variances sought. There are no shape
nor topographic issues and they acknowledged the site consists of sand -hardly a hardship soil
condition. As the Board knows, the power to vary zoning provisions must be sparingly exercised
and only in rare instances and under exceptional circumstances. Self -characterizing a proposal
as "unique" and "Innovative" is no substitute for the required standard which the Applicant falls
well short of meeting;
2. On page 14 of the Applicant's updated June 6, 2019 traffic study Table 9 sets out Intersection
Capacity Analysis, and for the 18 Level of Service scenarios, 9 of them (50%) operate at level F.
Eight of the nine have average total delay in seconds per vehicle in excess of two minutes. Such
delay will result in on and off -site back-ups and high potential for accidents as frustrated
motorists will "force gaps." The Cape Cod Commission's Traffic Study Peer Review found such
conditions "unacceptable" resulting "in a safety hazard." This certainly does not promote
health, safety and/or convenience;
In reviewing the site plan, it appears that deliveries will only be made on the right/north side of
the building. Presumably, delivery vehicles will utilize the "Loading Area." When parked there,
circulation around the building will be blocked for vehicles, including Emergency vehicles. Plus,
the delivery person will need to pass through cars in the queue creating conflict, hazard and
more delay;
4. Finally, the best solution for underground fuel storage in the APD is not to introduce 40,000
gallons, but instead to upgrade the existing tanks at both the Shell and Sunoco sites.
The project is inappropriate for the site. The application should be denied.
(;c,e ely,
tt P. Davenport, Trustee
nport Realty Trust
Affiliates: All Cape Self Storage • Blue Rock Golf Resort • Cape Cod Fence Co. • Davenport Building Co.
Kingsbury Aviation • Kingsbury Management Co. • Red Jacket Resorts • Thirwood Place Senior Living • The Shops at Yarmouth Crossing
Clark, Sandi
From: Williams, Kathleen
Sent: Tuesday, May 7, 2019 1:32 PM
To: 'Andrew Singer; 'Steven Tupper'
Cc: Clark, Sandi; 'Colleen Medeiros'
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
Hi Andrew,
Let's plan on having the Cape Cod Commission staff available on June 1311 for all the reasons noted in our e-mails. I will
let the ZBA know.
Thanks,
Kathy
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliamskyarmouth.ma.us
From: Andrew Singer [mailto:ALSinger@singer-law.com]
Sent: Tuesday, May 7, 2019 12:28 PM
To:'Steven Tupper'<stupper@capecodcommission.org>; Williams, Kathleen <kwilliams@yarmouth.ma.us>
Cc: Clark, Sandi <SClark@yarmouth.ma.us>;'Colleen Medeiros' <colleen.medeiros@capecodcommission.org>
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
Good Afternoon,
I just found out that Randy Hart cannot attend this Thursday because of a need to attend a funeral. There may or may
not be someone filling in for him at the first hearing. We will plan to discuss traffic in depth at the continued meeting.
Thank you.
Andrew
From: Steven Tupper <stu er ca ecodcommission.or >
Sent: Tuesday, May 7, 2019 12:15 PM
To: Andrew Singer <ALSinger@singer-law.com>;'Williams, Kathleen' <kwilliams yarmouth.ma.us>
Cc: 'Clark, Sandi' <SClark@yarmouth.ma.us>; Colleen Medeiros <colleen.medeiros@capeecodcommission.org>
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
Kathy,
Cape Cod Commission staff are available and will plan to attend the meeting on June 13tn
Please let me know if you would like Commission staff to attend the meeting on May 9th as well.
Thanks,
Steve
Steven Tupper
Transportation Program Manager
Cape Cod Commission
From: Andrew Singer <ALSinger@singe r-law.com>
Sent: Monday, May 6, 2019 3:00 PM
To:'Williams, Kathleen' <kwilliams@yarmouth.ma. us>
Cc: 'Clark, Sandi' <SClark@yarmouth.ma.us>; Steven Tupper <stupper@capecodcommission.org>
Subject: RE: Season's Corner Market -Shell Station, Station Avenue, SY
HI Kathy,
Randy Hart will be at the meeting this week, but the new information will not be ready. He anticipates having it ready in
advance of the June 131h meeting so that he can coordinate with Steve ahead of time. Our goal for this week is to
discuss and seek input from the Board on the overall proposal and matters connected with the relief sought, including
any additional questions on traffic and other items. We will then prepare responses before the continued meeting.
Thank you.
Andrew
From: Williams, Kathleen <kwiiliams@yarmouth.ma.us>
Sent: Monday, May 6, 2019 2:07 PM
To: 'Andrew Singer' <ALSinger@singer-law.com>
Cc: Clark, Sandi <SClark@yarmouth.ma.us>; Steven Tupper (stu er ca ecodcommission.or J
<stupperCc@capecodcommission.or >
Subject: Season's Corner Market -Shell Station, Station Avenue, SY
Hi Andrew,
If you are going to request a continuation at the end of the May 9th Public Hearing to June 131n, and you will have no new
traffic information to present on May 9th, then 1 would agree it would make better use of Steve Tupper's time to come to
the meeting on June 13' after he has had a chance to review any supplemental information presented by VHB.
Steve — would you or other Commission Staff be able to attend a meeting on June 13tn.
Thanks,
Kathy
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliams armouth.ma.us
From: Andrew Singer [m_ailto:ALSinger@singer-law.com]
Sent: Monday, May 6, 2019 2:00 PM
To: Williams, Kathleen <kwilliams@varmouth.ma.us>
Subject: Season's Corner Market -Shell Station, Station Avenue, SY
Hi Kathy,
We are getting ready to open the hearing before the ZBA this Thursday on the above proposal. As you probably are
aware, Randy Hart of VHB is working on additional research, etc. as suggested by Steve Tupper in his peer review
letter. This will not be completed by this week, so I anticipate being continued at the end of the night to a future
meeting. Because of this and because Randy normally works with Steve before the ultimate meeting where the traffic
materials are discussed finally, I had the thought that it might not be necessary to have Steve attend this week. He could
attend the continued hearing (probably with an updated letter as well). FYI, I will ask the Board to continue us after the
hearing to June 1P since I will be away on May 23rd
Thank you.
Andrew
Andrew L. Singer
Law Office of Singer & Singer, LLC
26 Upper County Road
P.O. Box 67
Dennisport, MA 02639
(508) 398-2221(tel)
(508) 398-1568 (fax)
www.singer-law.com
Confidentiality Notice: This electronic transmission and the information contained herein is being transmitted to and is
intended for the use of the individual(s) to whom it is addressed. If the reader of this message is not the intended
recipient, you are hereby advised that any dissemination, distribution or copy of this transmission is strictly prohibited.
This transmission may also constitute an attorney -client communication that is privileged at law. If you have received
this transmission in error, please immediately notify the sender by return e-mail or telephone (508) 398-2221 and delete
the transmission in its entirety.
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 ext. 1240, Fax (508) 760-3472
BOARD OF HEALTH
MEMORANDUM
TO: Zoning Board of Appeals (ZBA)
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector
SUBJECT: ZBA Petition Numbers 4801 and 4802
Proposed New Seasons Corner Market Convenience Store and
Shell Fuel Station
473 — 487 Station Ave.
DATE: May 7, 2018
Bag— couna
Colbea Enterprises owns and operates a chain of fuel stations and convenience stores
in Massachusetts, Rhode Island and New Hampshire. Colbea Enterprises owns the
property at 446 Station Ave. which is a Shell brand gas station yet it is operated by a
separate party. The station includes fuel sales, motor vehicle repair and limited retail
sales of convenience store items.
Proposal for New Operation at 473 — 487 Station Ave.
Colbea Enterprises proposes to build a new convenience store and fueling station on
presently vacant property at the above address. Motor vehicle repair is not included in
this operation.
This location is within the Town's Aquifer Protection District (APD) for the public drinking
water supply.
The Health Dept. has been informed the fueling system will consist of the following.
1) Two 20,000-gallon, fiberglass, double -walled underground storage tanks (UST)
each with both electronic leak -detection monitoring and water -intrusion
monitoring. One tank will store 20,000 gallons of gasoline while the other tank will
have two compartments: one 12,000 gallon for gasoline and one 8000-gallon for
diesel. Therefore, a total of 40,000 gallons of fuel storage in USTs is proposed.
i
2) Double -walled, polyethylene piping with leak detection monitoring.
3) Double -walled fuel dispenser sumps with leak detection monitoring. These
sumps are containment units that will hold fuel in the event of a leak within the
fuel dispenser.
4) Double -walled UST sumps with leak detection monitoring. These are
containment units on the top of each tank where the piping between the tanks
and the dispensers connects to the tanks.
5) Double walled spill buckets. These are five -gallon, containment units on the top
of each tank fill port for the purpose of capturing minor spills resulting from UST
filling.
6) A concrete fueling pad with positive limiting barrier (PLB) grooves surrounding all
fuel dispensers to capture minor fuel spills from customer fueling.
7) A continuous leak detection monitoring alarm system that will alert onsite
personnel during work hours and the on -duty environmental manager and
maintenance company during hours when the business is closed.
8) Six fueling dispensers each equipped with two nozzles to fuel potentially twelve
vehicles at one time.
9) A canopy above the fueling dispensers.
10)An automatic fire suppression system designed in compliance with State fire
code.
Proposed Risk Reduction to Acluifer
If allowed by the ZBA to complete this new vehicle fueling station Colbea will have other
USTs removed from two nearby fueling stations both located within the APD.
433 Station Ave.(Existing Business: Station Ave. Sunoco
Colbea does not own this property, yet has made arrangements to have the following
UST removed with a deed restriction placed against future fuel storage and sales on the
property.
Tank # Ca aci
Material Stored Tank Material
Construction Type
Year Installed
1 8000 gal.
Gasoline Fiberglass
Double -walled
1986
2 8000 gal.
Gasoline Fiberglass
Double -walled
1986
3 8000 gal.
Diesel Fiberglass
Double -walled
1986
Pj
The following UST will be removed and replaced with the same capacity aboveground
storage tank (AST) with secondary containment to meet present Health Dept.
Regulation.
Tank # Ca aci Material Stored Tank Material Construction Tyne Year Installed
4 1000 gal. Heating oil Fiberglass Unknown 1986
446 Station Ave. (Existing Business: Station Ave. Shell)
Colbea owns this property and proposes to remove the following UST with a deed
restriction placed against future fuel storage and sales on the property,
Tank # Ca aci
Material Stored Tank Material Construction Type
Year Installed
1 6000 gal.
Gasoline
Fiberglass
Single -walled
1970
2 6000 gal.
Gasoline
Fiberglass
Single -walled
1970
3 8000 gal.
Gasoline
Fiberglass
Single -walled
1970
4 12,000 gal.
Gasoline
Fiberglass
Double -walled
1988
The following USTs will be removed and replaced with the same capacity ASTs with
secondary containment to meet present Health Dept. Regulation.
Tank # Capacity Material Stored Tank Material Construction Type Year Installed
5 500 gal. Heating oil Fiberglass Unknown 1988
6 500 gal. Waste oil Fiberglass Unknown 1988
Therefore, Colbea Enterprises proposes to have removed a combined total volume of
56,000 gallons of fuel storage from 433 Station Ave. (Sunoco) and 446 Station Ave.
(Shell) in return for being allowed to install a total of 40,000 gallons of fuel storage at the
proposed new 473-487 Station Ave. site.
Town Water Consultant Review
The project, was also reviewed by Kirsten Ryan of Kleinfelder, the Town's water
consultant. In an email on March 20 to Jeff Colby, DPW Director and Gary Damiecki,
Interim Water Superintendent Ms. Ryan wrote:
"Hi Jeff and Gary
! took a quick look at this report. The consultant reached a similar conclusion as we did
in reviewing the prior proposal for the site (Cumberland Farms). I agree the risk to the
aquifer is less than current conditions in that the proposed project would store less fuel,
slightly farther away and with newer equipment technology. 1 recommend as 1 did prior
that 9) the Board of Health verify that the design is in accordance with all
Massachusetts Stormwater Standards 2) The Town require the developer to retain a
third party engineer/L.SP to provide a certification that the project was constructed and
installed as designed and passed all start up and commissioning tests to verify proper
operation, 3) The facility is required to submit a third -party compliance inspection to the
MassDEP every three years. The Town should require the owner to provide a copy of
this report be submitted concurrently to the Board of Health and Water Department, 4)
the proposed new underground storage tanks have a 30 year service life. The Town
should consider employing a mechanism to trigger a notification or permit renewal
requirement so that the service life is not exceeded.
1 hope this is helpful,
Kirsten"
Regulatory Items
1) It is understood Seasons Corner Market will need Town Zoning Bylaw relief from
the Zoning Board of Appeals (ZBA) in order for the business to store toxic or
hazardous materials in excess of normal household quantities within the APD.
2) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or
Hazardous Materials," effective May 2, 1990, and licensing requirement is
applicable to this proposal as the involved quantities of materials are in excess of
the licensing threshold of 10 gallons. The regulation includes, but is not limited to,
150% volume secondary containment of toxic or hazardous materials.
3) The project must comply with 310 CMR 15 (CMR = Code of Massachusetts
Regulations), Massachusetts Title 5 Septic Regulations and nitrogen loading
within the APD.
4) The Massachusetts Dept. of Environmental Protection (DEP) regulates the
design, construction, installation, operation, inspection, release response,
remediation, closure and removal pertaining to USTs under 310 CMR 80. This
regulation also requires (310 CMR 80.16 (7)) that the installer or registered
professional engineer complete an as -built plan and a signed statement stating
"the UST system was installed in accordance with 310 CMR 80.00, the
manufacturer's specifications and the manufacturer's checklist."
Procedural Track
This project was presented at a Town Site Plan Review meeting on Feb. 5 where the
applicant received input from Town depts. The project was next presented at a BOH
meeting on Apr. 22, pending review by the ZBA.
Toxic or Hazardous Materials Delivery
Gasoline and diesel fuel will be delivered to the 473-487 Station Ave. site by fuel
delivery trucks. Other toxic or hazardous materials such as, but not limited to; various
automotive fluids, household cleaners, laundry detergent, charcoal lighter, insecticide,
and insect repellents will be delivered by truck transportation, then hand -carried inside
the store.
4
Toxic or Hazardous Materials Handlinci and Storage
1) As stated previously one 20,000-gallon, double -walled, fiberglass UST will store
20,000 gallons of gasoline.
2) A second 20,000-gallon, double -walled, fiberglass UST with two separate
storage compartments will store 12,000 gallons of gasoline and 8000 gallons of
diesel fuel.
3) Other toxic and hazardous materials mentioned previously and available for retail
sale will be stored inside the store on the retail floor in original containers. No
storage of these materials has been proposed off of the retail floor.
Toxic or Hazardous Materials Use
1) All fuels are for retail sale to customers.
2) Other toxic and hazardous materials are for retail sale in original containers.
3) Some cleaners will be used by employees for in-store cleaning.
Toxic or Hazardous Materials Disposal
1) Massachusetts General Law Chapter 21, Section 53a requires retailers of motor
oil to accept for proper disposal waste oil from their customers. In the event a
customer presents waste oil for disposal store employees will receive the waste
oil storing it and then disposing of it properly. Any received waste oil will be
stored in a drum of approximately 30-gallons in size with secondary containment.
The waste oil drum will be placed either within the building or within the fenced
dumpster area with measures taken for protection against weather and
vandalism both of which are required by Yarmouth Health Regulation.
2) Wash water generated from floor washing and stripping will be hauled offsite for
proper disposal. Floor drains will be plugged during washing and stripping
operations to prevent the wash water from entering the septic system.
3) The spill buckets for the UST fill ports are protected by steel covers with rubber
gaskets, yet some amount of rainwater is expected to collect periodically. Since
this water may have a petroleum component it may not be disposed of to the
ground. This waste water will be emptied to a labeled 55-gallon drum and stored
onsite for proper disposal.
Health Dept. Requirements
Yarmouth Health Regulation requires the following regarding toxic or hazardous
materials handling and storage which apply to this proposal by Colbea.
1) The business must register annually for a Yarmouth Board of Health Handling
and Storage of Toxic or Hazardous Materials License.
2) No materials may be discharged to the environment.
3) No outdoor storage of materials is allowed.
4) All materials must be protected from vandalism.
5) Materials must be stored in covered product -tight containers.
6) All materials must be stored inside secondary containment of 150% volume of
the total amount of materials stored.
7) Any waste material must be properly disposed by a licensed hazardous waste
hauler.
8) Safety Data Sheets (SDS) for each toxic or hazardous material must be
maintained onsite and be readily available.
9) A sufficient supply of absorbent material must be kept onsite for use in the event
of a release or toxic or hazardous materials.
Board of Health (BOH) Hearing and Recommendations
Attorney Andrew Singer and numerous representatives of Colbea with differing areas of
expertise presented their proposal to the BOH at the regular board meeting on April 22,
2019. The BOH approved recommending the proposal of Colbea Enterprises to the ZBA
by a unanimous vote with five members present and voting. This recommendation is
based on the ability of the business to comply with aforementioned regulations and
based on the following conditions listed below. These conditions are above and beyond
the strict scope of the aforementioned regulations and are intended to provide additional
protection of the APD.
If these conditions are approved by the ZBA no Handling and Storage of Toxic of
Hazardous Materials License will be issued until the following are completed.
Furthermore, without said license issued, no fuel may be delivered to the two proposed
20,000-gallon underground storage tanks (UST)
1) Septic System Requirements:
Per Title 5 Regulations, the site, consisting of 51,280 square feet of land area
within the Zone II Wellhead Protection Area, is currently limited to approximately
564 gallonslday of sewage flow with the installation of a standard Title 5
compliant septic system. The proposed sewage flow for the requested
commercial use (Gas Station and Season Corner Market) is 800 gallons/day
which will require the acquisition/credit of additional land (21,448 square feet) per
engineered plan by Down Cape Engineering dated March 11, 2019 and located
within the same Zone II through a formal Nitrogen Aggregate Plan approved by
the Board of Health or combination of land acquisition and IIA Technology
installation. Prior to final approval of the proposed flow of 800 gallons/day by the
Board of Health, the applicant will be required to present an appropriate sewage
design meeting the minimum requirements of Title 5 Zone II restrictions.
2) The registered professional engineer who designed the fueling system must
submit to the Health Dept. an as -built plan and a signed statement indicating "the
UST system was installed in accordance with 310 CMR 80.00, the
manufacturer's specifications and the manufacturer's checklist."
3) 433 Station Ave.(Existing Business: Station Ave. Sunoco
a. The two 8000-gallon gasoline; one 8000-gallon diesel and one 1000-
gallon heating oil underground storage tanks are removed.
b. All fuel system piping, sumps, dispensers and related infrastructure are
removed.
c. Confirmatory soil sampling and, if applicable, groundwater sampling
results pertaining to the underground storage tank and related
infrastructure removals are determined to meet Massachusetts Dept. of
Environmental Protection (DEP) standards after evaluation by a
Massachusetts Licensed Site Professional (LSP).
d. A deed restriction prohibiting future fuel storage and sales must be
recorded at the Barnstable County Registry of Deeds.
4) 446 Station Ave. (Existing Business: Station Ave. Shell)
a. The two 6000-gallon gasoline, one 8000-gallon gasoline, one 12,000-
gallon gasoline, one 500-gallon heating oil and one 500-gallon waste oil
underground storage tanks are removed.
b. All fuel system piping, sumps, dispensers and related infrastructure are
removed.
c. Confirmatory soil sampling and, if applicable, groundwater sampling
results pertaining to the underground storage tank and related
infrastructure removals are determined to meet Massachusetts Dept. of
Environmental Protection (DEP) standards after evaluation by a
Massachusetts Licensed Site Professional (LSP).
d. A deed restriction prohibiting future fuel storage and sales must be
recorded at the Barnstable County Registry of Deeds.
5) The maximum onsite storage of toxic or hazardous materials in underground
storage tanks is limited to 40,000 gallons total.
8) The maximum onsite storage of toxic or hazardous materials not including the
underground storage tanks is 200 gallons.
7) A detailed material spill containment plan must be conspicuously posted at all
times and all employees must be familiar with the plan.
8) No vehicle repair is allowed onsite.
9) No vehicle washing is allowed onsite.
10)The two proposed 20,000-gallon underground storage tanks (UST) may not be
filled until all conditions above (1 — 9) are complete.
,d
Clark, Sandi
From:
Greene, Karen
Sent:
Wednesday, April 24, 2019 3:08 PM
To:
'Andrew Singer'
Cc:
Clark, Sandi
Subject:
RE: Land Disposition Policy
Attachments:
FW: Land Purchase Request
Hi Andrew
Regarding this request as it relates to your ZBA proposal, please see attached email correspondence.
Thanks,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
kgreene@yarmouth.ma.us
508-398-2231 x1278
From: Andrew Singer [mailto:ALSinger@singer-law.com]
Sent: Wednesday, April 24, 2019 1:24 PM
To: Greene, Karen <KGreene@yarmouth.ma.us>
Cc: Dwelley, Christopher <CDwelley@yarmouth.ma.us>; Senteio, Eduard <ESenteio@yarmouth.ma.us>; Knapik, Daniel
<dknapik@yarmouth.ma.us>
Subject: RE: Land Disposition Policy
Thank you, Karen. We are looking forward to working with you on this.
Andrew
From: Greene, Karen <KGreene@yarmouth.ma.us>
Sent: Wednesday, April 24, 2019 12:19 PM
To. Andrew Singer (alsinger@singer-law.com) <alsinger@singer-law.com>
Cc: Dwelley, Christopher<CDweliey@yarmouth.ma.us>; Senteio, Eduard <ESenteio@yarmouth.ma.us>; Knapik, Daniel
<dknapik@varmouth.ma.us>
Subject: FW: Land Disposition Policy
Hi Andrew
Thanks for your offer to meet. I am working with Chris to help him get a process established and will be in touch with
any questions.
Regards,
Karen
Karen M. Greene, Director of Community Development
Town of Yarmouth
kgreene@varmouth.ma.us
508-398-2231 x1278
From: Knapik, Daniel
Sent: Wednesday, April 24, 2019 12:13 PM
To: Greene, Karen <KGreene@yarmouth.ma.us>
Subject: FW: Land Disposition Policy
Fyi — can you follow up with Mr. Singer?
From: Andrew Singer [mailto:ALSineer@singer-law.com)
Sent: Wednesday, April 24, 2019 9:07 AM
To: Knapik, Daniel <dknapik@varmouth.ma.us>; Dwelley, Christopher <CDwelle armouth.ma.us>
Cc: Senteio, Eduard <ESenteio@yarmouth.ma.us>
Subject: Land Disposition Policy _
Good Morning Gentlemen,
am writing to follow up the three Request for Real Property Forms that I recently submitted on behalf of my client in
conjunction with the ongoing Seasons Corner Market/Shell Gas Station development proposal on Station Avenue in
South Yarmouth. I was interested to see the Board of Selectmen's discussion on the Charge for the Land Disposition
Committee last night. Now that it has been approved, as Staff continues to review the proposal and the Committee gets
up and running, we would be happy to meet with you and them and answer any questions as the process proceeds.
Thank you.
Andrew
Andrew L. Singer
Law Office of Singer & Singer, LLC
26 Upper County Road
P.O. Box 67
Dennisport, MA 02639
(508) 398-2221 (tel)
(508) 398-1568 (fax)
www.singer-law.com
Confidentiality Notice: This electronic transmission and the information contained herein is being transmitted to and is
intended for the use of the individual(s) to whom it is addressed. If the reader of this message is not the intended
recipient, you are hereby advised that any dissemination, distribution or copy of this transmission is strictly prohibited.
This transmission may also constitute an attorney -client communication that is privileged at law. If you have received
this transmission in error, please immediately notify the sender by return e-mail or telephone (508) 398-2221 and delete
the transmission in its entirety.
Clark, Sandi
From: Williams, Kathleen
Sent: Tuesday, April 9, 2019 5:52 PM
To: Clark, Sandi
Cc: Aguiar, Nicholas
Subject: CCC Traffic Study Peer Review - Seasons Convenience Store/Shell Gas Station - Station
Avenue
Hi Sandi,
Please forward the e-mail below from Steven Tupper, Transportation Program Manager at the CapeICod Commission, to
the ZBA and the applicant for Petition #4801. At the request of the Engineering Department, Mr. Tupper is conducting a
peer review of the Traffic Study submitted by the applicant. He is unable to complete his full review prior to the April
11th Public Hearing, but will have it available for the next scheduled meeting on May 91h.
Thanks,
Kathy
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliams@yarmouth.ma.us
From: Steven Tupper[mailto:stupper@capecodcommission.org]
Sent: Tuesday, April 9, 2019 5:20 PM
To: Williams, Kathleen <kwilliams@yarmouth.ma.us>
Cc: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>; deMello, Rick <RdeMello@yarmouth.ma.us>; Colleen Medeiros
<colleen.medeiros@capecodcommission.org>
Subject: RE: Seasons Convenience Store/Shell Gas Station - Station Avenue
Kathy,
We have completed our preliminary review of the traffic study. We have concerns about a number of elements of the
traffic study and the ability of the traffic study to accurately represent the anticipated impacts of the proposed
development on the roadway network.
As requested, we will summarize our review in a peer review memorandum. We will have the memorandum to you by
April 25", two weeks in advance of the potential ZBA meeting on May 9th. We are available to attend the ZBA meeting
May 9tn
Thanks,
Steve
Steven Tupper
Transportation Program Manager
Cape Cod Commission
April 4, 2019
Town of Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
RE: Petitions #4501 and 4802 Colbea Enterprises, La C
Dear Zoning Board Members:
Station.{ Avenue LL y, the o-vvner of the property locate.! at 48 i Station Avenue ;Today Reral
Estate;, has reviewed the plans and diScuSSed the proposal with the applicant. As an.
immediate, abutter. we are in favor of the proposed development and encourage the Board of
Appeals to approve the relief requested. In conjunction with dosing the hvo older gas
stations nearby along Station Avenue, this developrrzent wi11 result in a positive economy c
an
d environrnt:ntal benefit to tie commercial zone along'-' ta on Avenue and the Town of
Yarmouth.
Thank yolJ for your consideration for the applications.
S•
afi,�s �,�lan!1�
%Manager
RECEIVED
VIA E-MP-,ji
EZGV[ZIVCL.9
Clark, Sandi VIA E-MAIL
From: Huck, Kevin
Sent: Thursday, April 4, 2019 4:30 PM
To: Clark, Sandi
Subject: 487 Station Ave.
Hi Sandi,
Yarmouth Fire Department supports the application, subject to applicable submissions, permits and inspections.
Capt. Huck
RECEIVED
VIA E-MAIL
TOWN OF YARMOUTH
214E ROUTE 28, SOUTH YAR:MO TH, }4ASSACHUS)ETTS 02664-4451
Telephone (508) 398-2231 exL 1240, Fax (508) 760-3472
BOARD OF HEALTH
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Bruce G. Murphy, Director of Health &
Carl E. Lawson, Jr., Hazardous Waste Inspector,
SUBJECT: Proposed New Seasons Convenience Store and Fuel Station
473 — 487 Station Ave.
South Yarmouth
Petition # 4801 & 4802
DATE: April 3, 2019
Colbea Enterprises, LLC is scheduled to appear at the next Board of Health meeting on April 22
regarding their proposal to develop 473 -- 487 Station Ave. with a Shell Fuel Station and convenience
store.
This location is within the Aquifer Protection District for the public drinking water supply.
The Board of Health will review and comment on:
1) Installation of new underground fuel storage tanks (USTs) in the amount of 40,000 gallons total
2) Removal of all present USTs including those storing vehicle fuels, waste oil and heating oil
from the Shell Station at 446 Station Ave. and the Sunoco Station at 433 Station Ave.
3) Installation of new aboveground storage tanks for home heating oil and waste oil (Shell
Station) and heating oil only (Sunoco Station)
4) Proposed handling and storage of toxic or hazardous materials for the new store
5) Title 5 septic system design
6) Title 5 septic pystem nitrogen loading
Additional land required for compliance with State Title 5 nitrogen loading regulation.
7) Any other Oublic-health regulation compliance issues.
1
Davenport Reaky
Eslablshad 1956
April 3, 2019 20 NORTH MAIN STREET
SOUTH YARMOUTH, MA 02664-3143
TEL: 508-398-2293 • B00-822-3422 • FAX: 508-394-6765
www.thadavenportcompanies.com
Board of Appeals
1146 Route 28
So. Yarmouth, MA 02664-0836
Re: Petition #4801 and #4802
Dear Members of the Board:
RECEIVED
VIP E-MAIL
As the owner of 31 Workshop Road and having received an Abutter's Notice of the hearing scheduled for
April 11, 2019, please allow this to serve as opposition to the Petitions and relief sought for the properties
at 473,479 and 487 (portion) Station Avenue.
While cleverly described as a "rare opportunity," simply put, the project in no way legitimately meets the
standard for Variance relief. There is no circumstance owing to shape, soil condition, nor topography to
justify deviating from the 75-foot required front setback by over 31 feet. The combined properties do not
provide enough area for what is proposed, and the Appeals Court has ruled that the insufficient size of a
lot is not a shape factor. Similarly, there is no shape, soil condition, nor topographic feature to warrant
the requested Use Variance for Motor Vehicle Fuel in the APD. Furthermore, the Town expressly prohibits
underground fuel tanks in the APD, and while once again the Variance criteria cannot be met, it also
appears that the Zoning Code does not provide for Variance relief of this nature. Respectfully, the Board
does not appear to have the authority to grant such a Variance under Section 406 even if a colorable
argument could be advanced; and one cannot be in this instance.
The proposed access and egress pose serious issues as well. Left turns out of the Stop & Shop plaza are
difficult at best now, and will only be exacerbated with potentially two new egress points creating
increased hazard and congestion with motorist attempting to turn left, and should those motorists be
delayed (and they will) then the drive through cars waiting in the cue and those fueling will back up causing
internal site congestion and conflict with likely back-ups on Station Ave. for those looking to enter the
site. It is thus foreseeable this congestion will adversely impact cars at the traffic light to the North at
White's Path and Workshop Road.
Contrary to the Applicant's assertion, the certain traffic and congestion issues associated with this
proposal, along with the introduction of 40,000 gallons of fuel underground in an area designated for
special protection do not better protect both the business and natural environment along and in this
portion of Station Avenue, Coupled with the fact that the Variance criteria cannot be met, this application
should be denied.
Thank you.
D venport Realty Trust
De itt P. Davenport, Trustee
Affiliates: All Cape Self Storage • Blue Rock Golf Resort • Cape Cod Fence Co. - Davenport Budding Co.
Kingsbury Aviation - Kingsbury Management Co. • Red Jacket Resorts • Thirwoed Place Senior Living - The Shops at Yarmouth Crossing
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 BOARD OF
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 APPEALS
MEMORANDUM
To: Departments
From: Board of Appeals
Date: April 2, 2019
Subject: APD Special Permit and Variance Filing: Petition #4801 & #4802,
Colbea Enterprises, LLC, 473 Station Avenue, 479 Station Avenue
and 487 (portion) Station Avenue.
Attached is a copy of the application for the location listed above of:
Colbea Enterprises, LLC, 473 Station Avenue, 479 Station Avenue and 487 (portion)
Station Avenue for a PETITION #480t: 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: B1; 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 B1 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 44802: 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: 131; APD & ROAD. Companion application with Petition 44801 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 lot. The proposal will
not create any new non -conformities or impact the existing site development.
The Petitioner is scheduled for a hearing before the Board of Appeals on April 11,
2019. This promect is extensive and the plans, traffic study, stormwater report,
and environmental peer review, have been filed. If you would like copies of the
plans and/or reports, please e-mail me and I will provide them or stop by the
office to review.
If you have any comments to provide, please do so (e-mail:sclark@yarmouth.ma.us) by
TuesdaV, April 92019.
Thank you.
cc:
Fire
Health
Planning
Building
Conservation
Water
DPW -Jeff Colby
Nick Aguiar
KECEIVED
Clark, S�1/IA E-MAIL_
Sandi
From: Aguiar, Nicholas
Sent: Monday, April 1, 2019 1:48 PM
To: Clark, Sandi
Cc: Williams, Kathleen
Subject: RE: Seasons Convenience Store/Shell Station - Station Avenue
Hi Sandi,
Please see below for a listing of the comments that I have in regards to the application to the ZBA for 473, 479, and 487
Station Avenue (Seasons Convenience Store/Shell Station) in South Yarmouth.
Snow Storage:
• The snow storage area located within the island adjacent to the site driveways should be reconsidered as the
guy wire anchoring for utility pole #24-79.5 may become subject to being dislodged.
• Snow stored over the septic leaching field must not obstruct system ventilation or access to the inspection port.
Title 5 Site Plan:
• Notify contractor that the Title 5 Site Plan utilizes outdated site grading and should not be utilized for obtaining
such information.
Drive-Thru Service:
• Only 8 of the required 10 stacking spaces are provided for the proposed drive-thru service window.
Erosion and Sedimentation Control Plan:
• Temporary Stabilization Notes
o Note #3 should be revised to specify topsoil as being substantially free of deleterious materials such as
stones, roots, and clumps of soil, and completely free of tree limbs, trash, and construction debris.
o Note #6 should be revised to remove language which allows the Owner to dictate temporary
stabilization treatments.
o Note #12 should be revised to limit mulch anchoring techniques to mechanical methods only. Leachates
created by stormwater coming into contact with liquid tackifiers and emulsified asphalt are especially
undesirable given the site's location within the Aquifer Protection District (APD).
Order of Procedure Notes
o Note #2 needs to be revised to more specifically outline the frequency and type of maintenance
activities to occur in regard to the proposed erosion and sedimentation control measures as this
information does not appear in any of the supplied documentation. Compost filter socks and catch basin
filters should be inspected weekly, and after significant storm events, at a minimum. Construction
entrance/exit aprons should be inspected daily. Repairs and maintenance should be provided as needed.
o Note #3 needs to be revised to specify the implementation of temporary stabilization controls upon the
suspension of work for 14 days or more.
Post -Construction Phase Notes
o Note #2 must be removed entirely as the stormwater management system utilizes infiltration into
subsoils within the APD.
o Note #3 should be generalized to specify the immediate clean-up off spill of hazardous material. This
provision should also be used to revise the language of the third paragraph of the General Information
section of the Stormwater Operation and Maintenance Plan.
o Note #9 should be revised so as to specify the maintenance of records of all required and performed
maintenance. This provision should also be included within the Operation and Maintenance Plan.
Stormwater Operation and Maintenance Plan:
Schedule for Implementation of Maintenance Tasks
o The breadth of maintenance tasks, and their respective frequencies, for the proposed bioretention areas
are insufficient. The bioretention area and rain garden maintenance guidance within Volume 2, Chapter
2 of the Massachusetts Stormwater Handbook should be emulated.
o Trash containers must also be specified as being covered so that they are not in direct contact with
stormwater.
Stormwater Operation and Maintenance Log
o Not all maintenance activities prescribed are included within the log form, and inconsistencies between
the plan and log frequencies of select maintenance activities exist. Revise the form accordingly.
Please feel free to contact me if you have any questions. I hope that this is helpful, and that you have a good day.
Kind Regards,
Nick
Clark, Sandi
From: Williams, Kathleen
Sent: Tuesday, March 26, 2019 2:03 PM
To: Clark, Sandi
Cc: Aguiar, Nicholas; deMello, Rick
Subject: Seasons Convenience Store/Shell Gas Station
Hi Sandi,
The proponent of the Season Convenience Store/Shell Gas Station submitted a Traffic Study as part of their ZBA
application. This was in response to a request made by Nick Aguiar, Yarmouth Civil Engineer, at the Site Plan Review
meeting. Both Nick Aguiar, and former Town Engineer, Rick DeMello, reviewed the Traffic Study and requested to have
a peer review of the document. I have reached out to Steve Tupper, Transportation Program Manager at the Cape Cod
Commission, who indicated he would be able to conduct the peer review. However, he would not be available for the
ZBA meeting on April 11t'', but noted he would be available on April 251h or a future ZBA meeting. I would appreciate it if
you would relay this information to the ZBA. I will keep you posted as to the status of the peer review on the Traffic'
Study.
Thanks,
Kathy
Kathy Williams, PE
Yarmouth Town Planner
1146 Route 28
South Yarmouth, MA 02664-4492
(508) 398-2231 Ext 1276
kwilliamskyarmouth.ma.us
RECEIVED
Clark, Sandi VIA E-MAIL
From:
Sent:
To:
Subject:
March 14, 2019
Town of Yarmouth
Zoning Board of Appeals
Town Hall
1146 Route 28
South Yarmouth, MA 02664
Re: Petition 1#s 4801, 4802
Dear Board Members:
Warren Woods <windsurf403@gmail.com>
Thursday, March 14, 2019 5:06 PM
Clark, Sandi
Proposed Seasons Corner Market and gas station - Station Ave.
At the April 11, 2019 Hearing, an application to construct a gas station and Seasons Corner Market on wooded property
adjacent to 487 Station Ave, South Yarmouth will be reviewed. I own a building at 495 Station Ave. that houses my
orthodontic practice and the practices of Emerald Physicians. Both of our practices treat individuals of all ages but my
practice has many children as patients.
Currently, we have clients of the drug rehabilitation center that is located adjacent to our building on Workshop Rd,
constantly trespassing over our property to go across Station Ave. to and from the Stop and Shop Plaza. Those
individuals also have to be told not to park in our parking lot and congregate near the rear entrance to our building but
do so at times. Also, we have noted clients of the drug center walking their dogs and allowing them to relieve
themselves on our property while our lawn maintenance crew has to pick up empty fast food containers, coffee cups
and other trash left by clients of the drug center. The Yarmouth and State Police have found it necessary to regularly
monitor the area.
At times, we have had people from the drug center come into our restrooms and staff waiting room without
permission. We have had to ask them to remove themselves from our building and property.
My concern with the proposed Seasons Corner Market and gas station, is that it will attract the clients of the drug
rehabilitation to purchase items from their store and increase the number of these individuals trespassing over my
property and thereby increase the number of problems we are already having with this clientele.
For the reasons above, I cannot support the applications for the Seasons Corner Market and gas station. Please do not
grant the permits to the petitioners.
Thank You,
Warren D. Woods, D.M.D.