HomeMy WebLinkAbout1276 & 1282 Route 28 ROAD APPLICATIONFor Office Use Only
Date Received: 5 3 z Z [Kpplication Fee Received ($200 + advertising costs)
Ir Site plans submitted with application ER Landscape Plan (Sign design B -Building plans & elevations
CiOther documents submitted with application C -Abutter's list submitted EI -Site Plan Review Comments submitted with application
Please print clearly or type
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APPLICATION
REVITALIZATION OVERLAY ARCHITECTURAL DISTRICT
(R.O.A.D.)
DATE: May 12, 2022
Applicant's Information:
Name Elcaterina & Family, LLC and Jay Imad, Trustee of the Cedars of Lebanon Trust
Address 381 Camp Street, West Yarmouth, MA 02673
Phone c/o Paul R. Tardif, Esq. 508-362-7799
Property Owner. if not applicant:
Name Same as above
Address
Phone
Project Location:
Address 1276 and 1282 Route 28, South Yarmouth, MA 02664
Map/Lot May: 60, Parcel 131 (1276) and May 60, Parcel 132 (1282)
Project Description:
See attached Narrative
Briefly explain the economic and other benefits to the town offered by this project (attach a separate document, if
necessary):
See attached Narrative
Applicant's Signature
Owner's Signature
Refer to the Yarmouth Zoning Bylaw for more information 4d to the Yarmouth Architectural and Site Design Standards for minimum design
criteria. Both documents are available at the Permits counter in Yarmouth Town Hall or on line at http://www.yarmouth.ma.us.
OF TOWN OF YARMOUTH
PLANNING BOARD
MMACHEESE
Alto Wi ASSESSOR'S CERTIFICATION FOR ABUTTERS LIST
Petition # Name: Ekaterina & FayLLC / Cedars of Lebanon Trust
Filing Date: Hearing Date:
Property Location: ' 1276 and 1282
Route 28, out Yarmouth,_MA
Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or
private street or way, and abutters to the abutters within 300 feet of the property line of the petitioner's, as they
appear on the most recent applicable tax list.
Map Number Lot Number Map Number Lot Number
Applicant: See Attached
Abutters:
Assessor's Field Card with photo required
Andrew Machado, Director of Assessing
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Abutting Properties for
1276 ROUTE 28 SOUTH YARMOUTH, MA
02664
60/ 131///
(300 Feet)
Location:
60/ 155/
20 GENEVA RD
Owner:
OCONNELL EDWARD J
OCONNELL KAREN J
48 NORMAN DR
SOUTH WINDSOR, CT 06074-2813
Location:
60/ 124/
11 NAUHAUGHT RD
Owner:
FURRER LAWRENCE E
FURRER SHEILA A
11 NAUHAUGHT RD
SOUTH YARMOUTH, MA 02664-4409
Location:
60/ 139/
20 BRYAR LN
Owner:
MURDOCK DAVID T
YOUNG HELENE A
20 BRYAR LN
SOUTH YARMOUTH, MA 02664-4404
Location:
60/ 137/
39 POWHATAN RD
Owner:
WRISLEY PETER L
PETTIPAS MARCIA J
134 WHEELER RD
HOLLIS, NH 03049
Location:
60/ 136/
25 GENEVA RD
Owner:
GOLDSMITH LESLIE
25 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 195/
1265 ROUTE 28
Owner:
BROWN PETER W TR
THE 1.265 REALTY TRUST
PO BOX 2772
ORLEANS, MA 02653
Location:
60/ 169/
1297 ROUTE 28
Owner:
MCLAUGHLIN BRIAN J
PO BOX 519
WEST BRIDGEWATER, MA 02379
Location:
60/ 127/
20 NAUHAUGHT RD
Owner:
TUTTLE JAMES S TR
THE TWENTY NAUHAUGHT RD RLTY
TRUST
20 NAUHAUGHT RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 122/
1258 ROUTE 28
Owner:
MCGRAIL PATRICIA A TR
1258 MAIN STREET REALTY TRUST
1258 ROUTE 28
SOUTH YARMOUTH, MA 02664
Location:
60/ 129/
1268 ROUTE 28
Owner:
TATRA LLC
1268 ROUTE 28
SOUTH YARMOUTH, MA 02664
Location:
60/ 140/
24 BRYAR LN
Owner:
MALAQUTAS MARIA C
24 BRYAR LANE
SOUTH YARMOUTH, MA 02664
Location:
60/ 135/
19 GENEVA RD
Owner:
BARON THOMAS S
BARON DOROTHY A
19 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 173/
20 COMMERCIAL ST
Owner:
FORTY FIVE COMMERCIAL LTD
LIABILITY CO
PO BOX 1210
SOUTH YARMOUTH, MA 02664
Location:
60/ 196/
1261 ROUTE 28
Owner:
CAPE COD VERANDA LTD
1261 ROUTE 28
SOUTH YARMOUTH, MA 02664
Location:
60/ 174/
24 &32 COMMERCIAL ST
Owner:
KIMBALL PETER V TR
COMMERCIAL YARMOUTH
C/O CAPE CODDER
5 NAMSKAKET RD
ORLEANS, MA 02563
Location:
60/ 123/
7 MAUI-IAUGHT RD
Owner:
KELLY ROBERT C J
KELLY LISA A
130 REBECCA ST
KITTANNING, PA 16201
Location:
60/ 130/
1272 ROUTE 28
Owner:
EKATERINA & FAMILY LLC
381 CAMP ST
WEST YARMOUTH, MA 02673
Location:
60/ 138/
16 BRYAR LN
Owner:
EAGER CHARLES W III (LIFE EST)
220 LEAMY ST
GARDNER, MA 01440
Location:
60/ 134/
15 GENEVA RD
Owner:
ALIBRIO JAMES J
100 RANDOR STREET
HARRISBURG, PA 17110
Location:
60/ 171/
1279 ROUTE 28
Owner:
DESIMONE CHARLES A III TRS
COCO BEAN RLTY TRST
8 RED CEDAR CIR
DENNIS, MA 02638
Location:
60/ 159/
1300 ROUTE 28
Owner:
TRAN FAMILY LLC
156 SEA ST
QUINCY, MA 02169
Location:
60/ 125/
17 NAUHAUGHT RD
Owner:
NOM TRUST KELLY MICHAEL
675 ADAMS ST
DORCHESTER, MA 02122
Location:
60/ 128/
10 NAUHAUGHT RD
Owner:
HUSEBY JEANNE S
10 NAUHAUGHT ROAD
SOUTH YARMOUTH, MA 02664
Location:
60/ 144/
21 POWHATAN RD
Owner:
LOWELL ROBERT N
21 POWHATAN RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 143/
15 BRYAR LN
Owner:
PITTS AUDREY
15 BRYAR LN
SOUTH YARMOUTH, MA 02664
Location:
60/ 132/
1282 ROUTE 28
Owner:
IMAD JAY TR
CEDARS OF LEBANON TRUST
381 CAMP ST
WEST YARMOUTH, MA 02673
Location:
60/ 157/
10 GENEVA RD
Owner:
BEALE GERALD R
10 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 133/ C 1 / /
1292 ROUTE 28 UNIT 1
Owner:
PICCIONE JOSEPH A
1292 ROUTE 28 UNIT 1
SOUTH YARMOUTH; MA 02664
Location:
60/ 133/ C4/ /
1292 ROUTE 28 UNIT 4
Owner:
BIEGA JOHN
BIEGA JULIANA
1292 ROUTE 28 UNIT 4
SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 133/ C7/ I
1292 ROUTE 28 UNIT 7
Owner:
1292 ROUTE 28 LLC
1292 ROUTE 28 UNIT 7
SOUTH YARMOUTH, MA 02664
Location:
60/ 142.1/
27 BRYAR LN
Owner:
REYBURN NANCY C CO -TRS
MARTHA B CATTEN TRUST
P0BOX 715
FORESTDALE, MA 02644
Location:
60/ 142/
23 BRYAR LN
Owner:
MORRISON SHELLY K
23 BRYAR LANE
SOUTH YARMOUTH, MA 02664
Location:
60/ 170/
ROUTE 28
Owner:
GREATER BOSTON EXCHANGE
COMPANY LLC
84 HOMERS DOCK RD
YARMOUTH PORT, MA 02675
Location:
60/ 158/
6 GENEVA RD
Owner:
MARICHAL LARIEL
SOMARRIBA SOCORRO
6 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 133/ C2/ /
1292 ROUTE 28 UNIT 2
Owner:
APKISSELL PROPERTIES LLC
1292 ROUTE 28 UNIT 2
SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 133/ C5/ /
1292 ROUTE 28 UNIT 5
Owner:
CHEVERIE KAREN E TR
K C REALTY TRUST
1292 ROUTE 28 UNIT 5
SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 133/ C8/ /
1292 ROUTE 28 UNIT 8
Owner:
STONE MICHAEL F TRS
1292 ROUTE 28 UNIT 8
SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 131/
1276 ROUTE 28
Owner:
EKATERINA & FAMILY LLC
C/O JAY IMAD
381 CAMP ST
WEST YARMOUTH, MA 02673
Location:
60/ 156/
16 GENEVA RD
Owner:
HOMSEY LINDA
HOMSEY WADE
16 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 141/
28 BRYAR LN
Owner:
REYBURN NANCY C CO -TRS
MARTHA B CATTEN TRUST
P O BOX 715
FORESTDALE, MA 02644
Location:
60/ 133/ C3/ /
1292 ROUTE 28 UNIT 3
Owner:
THE OLD TIME HOCKEY RLTY TRUST
C/O STEVEN ANZUONI TR
P0BOX 1178
SAGAMORE BEACH, MA 02562-1178
Location:
60/ 133/ C6/ /
1292 ROUTE 28 UNIT 6
Owner:
LEIGHTON PATRICIA S
1292 ROUTE 28 UNIT 6
SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 172/
1273 ROUTE 28
Owner:
BOISVERT LEE TRS
BOISVERT VICTORIA ANN TRS
15 CRANWOOD RD
HARWICH, MA 02645
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Abutting Properties for
1282 ROUTE 28 SOUTH YARMOUTH, MA
02664
60/ 132/
(300 Feet)
Location:
60/ 155/
20 GENEVA RD
Owner:
OCONNELL EDWARD J
OCONNELL KAREN J
48 NORMAN DR
SOUTH WINDSOR, CT 06074-2813
Location:
60/ 130/
1272 ROUTE 28
Owner:
EKATERINA & FAMILY LLC
381 CAMP ST
WEST YARMOUTH, MA 02673
Location:
60/ 138/
16 BRYAR LN
Owner:
EAGER CHARLES W III (LIFE EST)
220 LEAMY ST
GARDNER, MA 01440
Location:
60/ 134/
15 GENEVA RD
Owner:
ALIBRIO JAMES J
100 RANDOR STREET
HARRISBURG, PA 17110
Location:
60/ 171///
1279 ROUTE 28
Owner:
DESIMONE CHARLES A III
COCO BEAN RLTY TRST
8 RED CEDAR CIR
DENNIS, MA 02638
Location:
60/ 122/
1258 ROUTE 28
Owner:
MCGRAIL PATRICIA A TR
1258 MAIN STREET REALTY TRUST
1258 ROUTE 28
SOUTH YARMOUTH, MA 02664
Location:
60/ 139/
20 BRYAR LN
Owner:
MURDOCK DAVID T
YOUNG HELENE A
20 BRYAR LN
SOUTH YARMOUTH, MA 02664-4404
Location:
60/ 137/
39 POWHATAN RD
Owner:
WRISLEY PETER L
PETTIPAS MARCIA J
134 WHEELER RD
HOLLIS, NH 03049
Location:
60/ 136/
25 GENEVA RD
Owner:
GOLDSMITH LESLIE
25 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 195/
1265 ROUTE 28
Owner:
TRS BROWN PETER W TR
THE 1265 REALTY TRUST
PO BOX 2772
ORLEANS, MA 02653
Location:
60/ 169/
1297 ROUTE 28
Owner:
MCLAUGHLIN BRIAN J
PO BOX 519
WEST BRIDGEWATER, MA 02379
Location:
60/ 127/
20 NAUHAUGHT RD
Owner:
TUTTLE JAMES S TR
THE TWENTY NAUHAUGHT RD RLTY
TRUST
20 NAUHAUGHT RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 143/
15 BRYAR LN
Owner:
PITTS AUDREY
15 BRYAR LN
SOUTH YARMOUTH, MA 02664
Location:
60/ 168/1 /
1301 ROUTE 28
Owner:
VSH REALTY INC
C/O CUMBERLAND FARMS INC
165 FLANDERS RD
WESTBOROUGH, MA 01581
Location:
60/ 128/
10 NAUHAUGHT RD
Owner:
HUSEBY JEANNE S
10 NAUHAUGHT ROAD
SOUTH YARMOUTH, MA 02664
Location:
60/ 142/ / /
23 BRYAR LN
Owner:
MORRISON SHELLY K
23 BRYAR LANE
SOUTH YARMOUTH, MA 02664
Location:
60/ 129/
1268 ROUTE 28
Owner:
TATRA LLC
1268 ROUTE 28
SOUTH YARMOUTH, MA 02664
Location:
60/ 140/
24 BRYAR LN
Owner:
MALAQUTAS MARIA C
24 BRYAR LANE
SOUTH YARMOUTH, MA 02664
Location:
60/ 135/
19 GENEVA RD
Owner:
BARON THOMAS S
BARON DOROTHY A
19 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 173/
20 COMMERCIAL ST
Owner:
FORTY FIVE COMMERCIAL LTD
LIABILITY CO
PO BOX 1210
SOUTH YARMOUTH, MA 02664
Location:
60/ 159/
1300 ROUTE 28
Owner:
TRAN FAMILY LLC
156 SEA ST
QUINCY, MA 02169
Location:
60/ 174/
24 &32 COMMERCIAL ST
Owner:
KIMBALL PETER V TR
COMMERCIAL YARMOUTH NOM
TRUST C/O CAPE CODDER
5 NAMSKAKET RD
ORLEANS, MA 02563
Location:
60/ 144/ I l
21 POWHATAN RD
Owner:
LOWELL ROBERT N
21 POWHATAN RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 131/
1276 ROUTE 28
Owner:
EKATERINA & FAMILY LLC
C/O JAY IMAD
381 CAMP ST
WEST YARMOUTH, MA 02673
Location:
60/ '132/
1282 ROUTE 28
Owner:
IMAD JAY TR
CEDARS OF LEBANON TRUST
381 CAMP ST
WEST YARMOUTH, MA 02673
Location:
60/ 157/
10 GENEVA RD
Owner:
BEALE GERALD R
10 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 133/ C1/ /
1292 ROUTE 28 UNIT 1
Owner:
PICCIONE JOSEPH A
1292 ROUTE 28 UNIT 1
SOUTH YARMOUTH, MA 02664
Location:
60/ 170/
ROUTE 28
Owner:
GREATER BOSTON EXCHANGE
COMPANY LLC
84 HOMERS DOCK RD
YARMOUTH PORT, MA 02675
Location:
60/ 158/ / /
6 GENEVA RD
Owner:
MARICHAL LARIEL
SOMARRIBA SOCORRO
6 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 156/
16 GENEVA RD
Owner:
HOMSEY LINDA
HOMSEY WADE
16 GENEVA RD
SOUTH YARMOUTH, MA 02664
Location:
60/ 141/
28 BRYAR LN
Owner:
REYBURN NANCY C CO -TRS
MARTHA B CAT TEN TRUST
P O BOX 715
FORESTDALE, MA 02644
Location: Location:
60/ 133/ C2/ / 60/ 133/ Cal I
1292 ROUTE 28 UNIT 2 1292 ROUTE 28 UNIT 3
Owner:
Owner:
Owner:ELL PROPERTIES LLC THE OLD TIME HOCKEY RLTY TRUST
APKIS1292 ROUTE 28 UNIT 2 C/O STEVEN ANZUONI TR
SOUTH YARMOUTH, MA 02664-4452 P O BOX 1178
SAGAMORE BEACH, MA 02562-1178
Location: Location: Location:
60/ 133/ C4/ / 60/ 133/ C5/ / 60/ 133/ C6/ /
1292 ROUTE 28 UNIT 4 1292 ROUTE 28 UNIT 5 1292 ROUTE 28 UNIT 6
Owner: Owner: Owner:
BIEGA JOHN CHEVERIE KAREN E TR LEIGHTON PATRICIA S
BIEGA JULIANA K C REALTY TRUST 1292 ROUTE 28 UNIT 6
1292 ROUTE 28 UNIT 4 1292 ROUTE 28 UNIT 5 SOUTH YARMOUTH, MA 02664-4452
SOUTH YARMOUTH, MA 02664-4452 SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 133/ C7/ /
1292 ROUTE 28 UNIT 7
Owner:
1292 ROUTE 28 LLC
1292 ROUTE 28 UNIT 7
SOUTH YARMOUTH, MA 02664
Location:
60/ 142.1/
27 BRYAR LN
Owner:
REYBURN NANCY C CO -TRS
MARTHA B CATTEN TRUST
P O BOX 715
FORESTDALE, MA 02644
Location:
60/ 133/ C8/ /
1292 ROUTE 28 UNIT 8
Owner:
STONE MICHAEL F TRS
1292 ROUTE 28 UNIT 8
SOUTH YARMOUTH, MA 02664-4452
Location:
60/ 172/
1273 ROUTE 28
Owner:
BOISVERT LEE TRS
BOISVERT VICTORIA ANN TRS
15 CRANWOOD RD
HARWICH, MA 02645
m 'gamLebanon Trust
1 � J
Yarmouth l __ nor Board Project Na
Redevelop the property and demolish all existing buildings on site and construct a gasoline
filling station with five dispensers, overhead steel canopy, two double walled fiberglass fuel
storage tanks and a 6,560 sq ft mixed use building with convenience store and drive-thru on
the first floor, and 4 residential apartments on the second floor.
Project will combine two lots, 1276 & 1282 Route 28, South Yarmouth, which are in the B2/
R.O.A.D. Zoning Districts. The existing gas station/convenience store, canopy and 5 rental units
will be razed and replaced with a new less non -conforming canopy, and a building containing a
drive through coffee shop (H10 use), convenience store (H2 use) and a gas station (H6 use) on the
first floor and four two bedroom dwelling units (Al 2 use) on the second. The combination of the
lots will create a conforming lot of 37,900 sq.ft. Building coverage is currently at 13.5%.
Applicant proposes to use the Revitalization Overlay Architectural District (ROAD) Section 411
of the Yarmouth Zoning Bylaw as allowed for mixed use projects in the B-2 zoning district.
Should the Planning Board approve the R.O.A.D. District Development Plan, the project will
proceed before the Yarmouth Zoning Board of Appeals for a Special Permit, for the following
sections of the Zoning Bylaw:
Canopy setbacks, section 203.5.
Drive through buffer distance to residential zone of 100'. Section 301.8.
Parking location in front of principle structure, section 301.4.1.
Front landscape buffer, section 301.4.4.
Curb cut shown at 30' may need relief from section 301.4.3
Planning Board:
Development of the project is being proposed under the ROAD bylaw which allows for zoning
flexibility in exchange for a high standard of site and building design. The Planning Board
serves as the Design Review Authority for ROAD projects and is responsible for ensuring the
project substantially adheres to the Yarmouth Architectural and Site Design Standards (Design
Standards). In order to make this determination, it is critical for this Board to understand that
full compliance is usually unachievable, and thus the inclusion of the adjective "substantially".
Many factors must be considered in making that decision. In this case, the project does in fact
substantially adheres to the Design Standards, Siting Strategies, as follows:
1. Contribute to the village streets cap e/follow established patterns
"Design new buildings to front on the street and to maintain established setback patterns,
consistent with traditional village design. " In this case, the Board must look at the Zoning
Bylaw for the Zoning District, which requires a 30 foot front yard setback. The existing canopy
is approximately 2 feet from the road layout, and the applicant proposes to construct a new
canopy which will be approximately 22 feet from the layout, making it more conforming. But
more importantly, the Board must take into consideration that this use is for a fueling station.
Since the advent of service stations, access to gasoline pumps has traditionally been made by
siting pumps in front of the building, and in a location which removes vehicles from travelled
ways. This theme is still followed today, even with electric charging stations. In order to keep
the traveling public moving, it is vital that visible, fast, and efficient fueling be provided by
keeping gas pumps in the front of service stations. Placing the new structure to "front on the
street" is not only legally untenable, but logistically unwise as well. Substantial compliance
compels that the configuration of this project be as provided.
"For long front facades, vary the setback, height, and roof form of the building within the range
provided by traditional buildings in the region to continue the established rhythm of facades on
the street. " In this case, we are removing a very plain canopy structure and a building with no
changes in wall plane, with an attractive canopy, with a 12 pitch, and a structure with multiple
projections and changes in wall plane.
. Incorporate Smaller tenant spaces in the front of a large building — not applicable
1'in. 1... .1,.
Since the initial meeting with the Design Review Committee, the front buffer has been re-
designed so that there is a 5 foot buffer on the site, with appropriate trees and grass. In addition,
we are making the project more zoning compliant, and clustering the structures on site into one
building, creating a cohesive grouping. Parking, as indicated above, needs to continue to be in
front of the building.
4. Shield large buildings with smaller frontage buildings — not applicable
5. Design a second story — this has been accomplished to create a mixed use space.
6. Use existing topography to screen new development — not applicable
7. Create effective landscape buffers/full screening — buffer trees have been added to
the plan, in addition to fencing.
8. Deduce the visibility of parking areas — the visibility of the parking areas is
significantly being reduced, especially in comparison to the existing site work. New trees in the
front will substantially hide the parking areas.
9. Break up large parking lots - although there is a large expanse of open pavement
for parking, pumps, circulation and drive-thru lanes, it is necessary under the zoning bylaw to
meet those requirements. Currently all travel lanes need to be 12 feet wide. Space at the pumps
is vital to prevent accidents and to allow for emergency vehicles to access the area. The size of
parking spaces is dictated by the zoning bylaw. Although seemingly a large paved area, it is
required and necessary for safety.
10. Locate utilities underground - we meet this requirement
11. Shield loading and delivery areas — we meet this requirement
Based on these criteria, and the subsequent changes to the plan since the Design Review
Committee met in January of 2022, we believe that we have met the "substantial compliance"
standard, and balanced the design of this project with the required zoning requirements.
111�1
1 5111 1111,
The project will be an economic benefit to the Town of Yarmouth in many ways. First, there are
currently 2 employees who work at Jay Mart. Once complete, the Project will employ up to 10
employees. Second, the Town of Yarmouth will benefit from the upgraded Septic System to be
installed at the site. Currently there are five septic systems on site, with four systems serving the
residential units and one system for the gasoline filling station with leaching pits. With the
proposed redevelopment, there will be one septic system for the proposed mixed building in
compliance with the current MAS SDEP Title V requirements and the current Yarmouth Board of
Health regulations. This system will adequately serve the property until sewers are installed on
Route 28. Finally, there are a total of 5 residential units on the site, of which one is a 2 bedroom
and 4 are one bedroom dwellings, each constructed in approximately 1936, for a total of 6
bedrooms. There will be a total of four new residential units with eight bedrooms on the second
floor of the mixed use building (two bedrooms in each unit).
The project will result in building coverage of 15.2%. Both side setbacks and the rear setback
will be compliant, and the front setback will be improved by moving it from its present 2 feet to
22 feet. Impervious coverage calculations will be met.
Review is: ❑ Conceptual M Formal
❑ Binding (404 MotelsNCOD/R.O.A.D. Project) ® Non-binding (All other commercial projects)
Review is by: ❑ Planning Board ® Design Review Committee
Meeting Date January 18, 2022 at 3:30 PM, Room A/Virtual Map: 60 Lots: 131 & 132
Applicant: Ekaterina & Family, LLC Zone(s): 132
Site Location: 1276 & 1282 Route 28, South Yarmouth, MA
DCR Members Present Yarmouth Town Staff Present Guests
Charlie Adams Kathy Williams Halim Choubah, CEG
Steve O'Neil remote Jay Imad
Sara Porter remote
Dick Martin (left at 5:02)
DRC Review for this Agenda Item started at: 4:12 PM
DRC Review ended at: 5:06 PM
On a motion by Steve O'Neil, and seconded by Charlie Adams, the Design Review Committee (DRC) voted
(3-0) to end this Agenda item and adjourn the January 98, 2022 DRC meeting at 5:06 PM.
Project Summary
General Description: The Applicant is proposing to demolish 6 existing buildings and one canopy structure and
replace with a new 3,340 sf mixed-use building (a convenience store and coffee shop with drive-thru on the first
floor, and four (4) two-bedroom apartments on the second floor); five new multiple fuel dispensing pumps with
overhead canopy; and associated site improvements.
Summary of Presentation: Halim Choubah of CEG gave a brief overview of the project. He noted this is a
redevelopment of two lots, 1276 Route 28 with 5 existing cottages, and 1282 Route 28 with an existing convenience
store and canopy over two pumps. The redevelopment would be a mixed used building with parking, five gas
pumps with canopy, and two driveways (reduced from 3). Existing canopy is 2' from the street line and a cottage
in back is 10' from rear property line. The new canopy would be 18' from the street line, and the proposed building
would be 27', meeting the rear setback. Mr. Choubah noted that he will be filing for ZBA relief. He indicated the
site improvements would add more landscaping over what is in existence now, and have a 10' buffer in the rear
and 8' solid fence, as shown on the landscape plan. There would also be a new septic system and stormwater
collection system. Mr. Choubah gave an overview of the two story building, noting the Cape Cod architectural
design. He also noted the hip roof on the gas station canopy to compliment the building. The new gas tanks would
meet all environmental regulations.
DRC Questions & Discussions:
Charlie Adams inquired about the location of the egresses from the apartments. Mr. Choubah indicated there are
two entrances, one inside the building and one on the exterior with stairs/deck. The building would have sprinklers.
Charlie Adams inquired about the building mounted lighting and proximity to the neighbors. Mr. Choubah noted
the photometric plan.
Steve O'Neil inquired about the landscaping plan, especially along Route 28. Mr. Choubah noted the existing
vegetation in the road layout and they would be willing to ask MassDOT to be allowed to provide some low
plantings. He gave an overview of the rest of the landscape plan, including three in -lot trees. He noted the lot is
currently existing non -conforming. Kathy Williams noted the grade changes may impact the vegetation in the
Route 28 layout. Steve O'Neil felt asking MassDOT for additional plantings in the Route 28 layout would be
beneficial to the project
Sara Porter asked about the stairs and railing materials. Mr. Choubah noted the railing would be plastic. Ms.
Porter asked if the stairs need to be covered. Mr. Choubah stated only one egress has to be covered. She
indicated she was fine with the building elevations.
Dick Martin generally likes the proposal, but thinks they are trying to get too much on too small of a parcel, and
should not do a full redevelopment without a front buffer other than on state land. Can try to use state layout for
extra landscaping, but he feels there should be a little buffer, like 5' to have landscaping on the parcel in case the
state uses the layout. Mr. Martin also noted the residential abutters in the rear. There are two buffer trees that
should be retained. There are not enough of the required size trees around the site, and need a variety of native
tree species. Mr. Choubah indicated he will try to save the existing trees, and noted this is an existing gas station
with convenience store already. Mr. Martin noted that the 100' setback for a drive thru should be to the residential
zone, not a residential home.
Nancy Reyburn, the direct abutter behind the project, indicated she had plans to move there and redevelop the
family home closer to the project and will be directly impacted by the drive-thru with noise and exhaust. It is also
a tall building and the second floor walkway will look over the fence into her properties. She feels it is a huge
project and would affect their living situation.
Review Comments In Relation To The Design Standards
SITING STRATEGIES
Sect. 1, Streetscape ❑ N/A ❑ Meets Standards, or ® Discrepancies:
The building is located back from the street with parking and gas pumps in the front. There are long facades
without the required modulations. The building is attractive, but there are streetscape issues with the size
of buffers.
Sect. 2, Tenant Spaces ® N/A ❑ Meets Standards, or ❑ Discrepancies:
Sect. 3, Define Street Edge ❑ N/A ❑ Meets Standards, or ® Discrepancies:
The street edge is not defined by the building location, nor through the use of landscape features/street
trees as there is a long stretch of frontage on the property without any buffers.
Sect. 4, Shield Large Buildings ® N/A ❑ Meets Standards, or ❑ Discrepancies:
Sect. 5, Design a 2nd Story ❑ N/A ® Meets Standards, or ❑ Discrepancies:
Sect. 6, Use Topo to Screen New Development ® NIA ❑ Meets Standards, or ❑ Discrepancies:
Sect. 7, Landscape Buffers/Screening ❑ N/A ❑ Meets Standards, or 0 Discrepancies:
Mature buffer trees are not being retained. There is a long stretch of frontage without any buffer plantings
on the property. Buffer trees to the east and west of the entrances should be provided. The side buffers
need to have more trees to meet the zoning bylaw. Most of the side and rear buffer includes an 8' solid
fence.
Sect. 8, Parking Lot Visibility ❑ NIA ❑ Meets Standards, or Z Discrepancies:
The parking is highly visible due to the lack of front buffering and parking in the front.
Sect. 9, Break up Large Parking Lots ❑ N/A ❑ Meets Standards, or ® Discrepancies:
Although there is not extensive parking and there are three (3) in -lot trees shown, there is a large expanse
of open pavement from the parking, pumps, drive-thru and circulation.
Sect. 10, Locate Utilities Underground ❑ N/A N Meets Standards, or ❑ Discrepancies:
Sect. 11, Shield Loading Areas ❑ N/A 9 Meets Standards, or ❑ Discrepancies:
BUILDING STRATEGIES:
Sect. N/A ❑ Meets Standards, or ❑ Discrepancies:
Sect. 2, Break Down Building Mass —.Sub -Masses N/A ❑ Meets Standards, or ❑ Discrepancies:
Sect. 3, Vary Facade Lines ❑ N/A ❑ Meets Standards, or nu Discrepancies:
The building has a 114' and 70' facades without any modulations or articulations, but the overall design
and variety of overhangs and porches provides some relief.
Sect. 4, Vary WqII Heights ❑ N/A FRI Meets Standards, or ❑ Discrepancies:
Sect. 5, Vary Roof Lines ❑ N/A Z Meets Standards, or ❑ Discrepancies:
The building has varying roof lines, heights and decorative cupolas. The canopy design incorporates a
hip roof, and stone capped/PVC wrapped columns.
Sect. 6, Bring Down Building Edges ❑ N/A 19 Meets Standards, or ❑ Discrepancies:
Sect. 7, VaryBuildingMatIs For Depth ❑ N/A nx Meets Standards, or ❑ Discrepancies:
Sect. 8, Use Traditional & Nat'l. Building Matl ❑ N/A 9 Meets Standards, or ❑ Discrepancies:
Sect. 9, Incorporate Pedestrian -scaled Features ❑ N/A Z Meets Standards, or ❑ Discrepancies:
2nd Story overhang helps to create a pedestrian corridor along the first floor. Pedestrian access should
be provided to Route 28.
Sect. 10, Incorporate Energy-efficient Design ❑ N/A Z Meets Standards, or ❑ Discrepancies:
Next step for applicant: 9 Go to Site Plan Review ❑ Return to Design Review for Formal Review
On a motion by Steve O'Neil, and seconded by Charlie Adams, the Design Review Committee (DRC) voted
(3-0) to approve these DRC Comments as part of the meeting minutes for January 18, 2022 DRC meeting
for the proposed development at 1276-1282 Route 28.
Received by Applicant(s)
ATTACHMENTS:
January 18, 2022 Agenda
January 13, 2022 e-mail from Kathy Williams and aerial
DRC Application:
o DRC Application and Materials Specification Sheet
o Miscellaneous cut sheets on various building components
o Existing Conditions Plan: Prepared by Borderland Engineering, Inc, dated December 7, 2021
o Site Plans: All plans prepared by Choubah Engineering Group, dated December 28, 2021:
Cover Sheet
■Erosion & Sediment Control Plan
Erosion Control Details & Notes
■Site Layout Plan
■ Grading & Drainage Plan
■ Utility Plan
■ Sewage System ® Profile & Sections
■ Landscape Layout Plan
■ Lighting Plan
■ Site Details #1
■ Site Details #2
■ Underground Fuel Storage Tanks Details
o Architectural Plans: All plans prepared by Choubah Engineering Group, dated December 28,
2021:
■ Preliminary V & 2nd Floor Layouts
■ Preliminary Building Elevations
■ Canopy Elevations & Details
■ Architectural Renderings #1
■ Architectural Renderings #2
IMUTMIMMMM
SITE PLAN REVIEW COMMENT SHEET
Date: April 19, 2022 Map: 60 Lot: 131 & 132
Applicant: Ekaterina & Family, LLC Parcel 131 & 132
Location: 1276 & 1282 Route 28 Zone: B2
Persons Present;
Kathy Williams Jay Imad
Luke White Hal Choubah
Mark Grylls Bruce Murphy
Amanda Lima
Chris Vincent, Planninq Board
Project Summary
Redevelop the property and demolish all existing buildings on site and construct a gasoline filling station with five
dispensers overhead steel canopy, two double walled fiberglass fuel storage tanks and a 6560 sq ft mixed use building
with convenience store and drive thru on the first floor and 4 residential apartments on the second floor.
Comments
Building: Project will combine two lots, 1276 & 1282 Route 28 in the B-2 / ROAD overlay district. The existing gas station
/ convenience store, canopy and 5 rental units to be razed and replaced with a new less non -conforming canopy, and a
3,180 sq. ft. building containing a drive through coffee shop (110 use), convenience store (H2 use) and a gas station (H6
use) on the first floor and four two bedroom dwelling units (Al2 use) on the second. The combination of the lots will create
a conforming lot of 37,900 sq.ft. Building coverage is 15.2%. Structure as proposed is encroaching on the max allowable
height at 34.5' and will be closely monitored. As built, including height will be required.
Applicant proposes to use the Revitalization Overlay Architectural District (ROAD) Section 411 of the zoning bylaw as
allowed for mixed use projects in the B-2 zoning district.
Project will have to go through Design Review with the Planning Board prior to submission with the ZBA for the relief
identified in this review as well as any additional that may be necessary as a result of PB Design Review.
Rear landscape buffer appears to meet the criteria of Section '301.4.9.
Relief from the following sections will be required in the form of a Special Permit providing all mandatory sections of 411
are met.
• Canopy setbacks, section 203.5.
• Drive through buffer distance to residential zone of 100'. Section 301.8.
• Parking location in front of principle structure, section. 301.4.1.
• Front landscape buffer, section 301.4.4.
• Al2, multifamily use, table 202.5. Also see section 411.3.3 -- footnote 1 regarding floor area. Calculations should
be confirmed and provided for the ZBA at time of submission.
• H6, gas station use, table 202.5.
• Curb cut shown at 30' may need relief from section 301.4.3
Construction to meet all applicable sections of 780 CMR MA State Building Code & appendant codes including 521 CMR
AAB, 2018 I ECC.
�,)Community Development and Planning: Development of the project is being proposed under the ROAD bylaw which
allows for zoning flexibility in exchange for a high standard of site and building design. The Planning Board serves as the
Design Review Authority for ROAD projects and is responsible for ensuring the project substantially adheres to the
Yarmouth Architectural and Site Design Standards (DesignStandards). Substantial adherence to the Design Standards
is compulsory and cannot be waived by the ZBA. It is difficult to see how the project substantially adheres to fronting new
buildings on the street (Siting Strategy a1), or reducing visibility of now parking lots by locating them behind or to the side
of the building (Siting Strategy #8). The Applicant should provide a clear narrative on how they feel they are substantially
adhering to the Siting Strategies and the Building Strategies. Prior to the project being considered a ROAD project, the
Design Review Committee reviewed an earlier version of the proposed plan on an advisory, basis and noted some
discrepancies with the Design Standards. If the Planning Board approves the ROAD District Development Plan, the
applicant can submit for a Special Permit from the ZBA for a wide range of waivers from the Zoning Bylaw 411.3.3), rather
than requiring Variances. See Building Comments for waivers needed. No waivers are possible for building height.
Application requirements include 3 copies of the ROAD application, 11 copies of the development plans, the SPR
comments, statement of the economic and other benefits to the Town, application fee of $200, $5/abutter within
300' of both properties plus cost to advertise (TBD). Within 45 -days of submission, the Planning Board needs to
conduct a public hearing and issue their decision on the ROAD District Development Plan. Copies will be
transmitted to the Design Review Committee and the Community & Economic Development Committee (CEDC)
for their recommendations prior to the Hearing.
Consider lighting under the porch in the rear to eliminate pole mounted lighting to reduce impacts to neighbors.
Photometric plan should adhere to Section 301.4.10. Consider ways to address noise, idling and hours of
operation for the neighbors. Consider varying the materials on the solid railing of the walkway and the knee wall
(i.e. shingles). The plan includes a 5' buffer in the front to provide some screening/buffering on the property.
Conservation: Not present. The site does not appear to have any jurisdictional wetlands and involves less than 1 acre
of disturbance and would not require a Stormwater Permit from the Conservation Commission.
Design review: The Planning Board will serve as the Design Review Authority for ROAD projects and shall determine
whether the project substantially adheres to the Yarmouth Architectural and Site Design Standards.
Engineering:
® General
o Coordinate with DPW for addressing of the parcel upon combing the lots.
o Sheet 8 shows an overlap with the turning movements of the emergency vehicles with the
queuing line shown on Sheet 4.
o Confirm the shaded gray area on Sheet 4.
® Drainage
o Sheet 12 shows the roof canopies discharging to the stormtech, but Sheet 5 does not illustrate.
Please confirm.
o As needed, remove loam sandy beneath the stormtech if found similar to the TP -6 to reach the
medium sand layer. Sheet 12 shows bottom elevation of 20.00 and Sheet 7 shows LS ending
around 20.67.
Fire: Not present, please coordinate directly with the Fire Department.
Health
Project must comply with Town of Yarmouth, Board of Health Regulation: Handling and Storage of Toxic or
Hazardous Materials, which includes, but is not limited to 150% volume secondary containment of all toxic and
hazardous materials and annual Board of Health licensing. The Health Department defers to the Fire Department
regarding Fire Regulation compliance for all fuel tanks and associated components. Consult with septic system
engineer regarding the onsite disposal of retail store floor wash water (consisting of only soap and water) to the
septic system. Floor strip water should be hauled off-site by the contractor for proper disposal at a septic
treatment plant. The site plan review application lists only gasoline and diesel as toxic and hazardous materials.
Please state whether or not any retail sale of toxic or hazardous materials such as, but not limited to automotive
fluids, and cleaners is planned. If such is planned submit a list of the types and quantities of materials to the
Health Dept. Secondary containment is required for materials stored off of the retail floor. Waste oil must be
accepted for proper disposal from customers who purchased new motor oil as required by State Regulation.
Second -floor rental housing units must show on plan the square footage of each bedroom and total square
footage for each unit. Annual rental applications and fees are required for each unit.
Kitchen area: revise plan to include; (1) the construction material of floors, walls and ceilings; (2) label the sinks
and (3) Include the equipment list.
Septic System: revise plan to include- (1) the coffee shop seating number and location, (2) test pit dates and
Health Department witness and (3) note that engineer is to inspect and certify septic system installation; review
design flow criteria.
Water- Both existing services shall be cut and capped at the main. A new tap should be made at the new service
location on the east side of the property. All water infrastructure shall follow the Yarmouth Water Department Water
Materials and Installation Standards, which can be found here:
https://www.varmouth.ma.us/DocumentCenter/View/14952/Water-M2terials-and-Installation-St2ndards,