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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 -R, Z -02-Z-/ 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 Pan and Zoom \ ''.-'' i t�� I � qra �ffxi yjy r i 1 d J; 1'\ O�J i'�•1 �, \: ' IJ 44.�J �h.,. ' �, f+�� 1, , �t� . � o i,. yr/r.., �✓ ,...: s 1 - t{ r t �l�),fl ' -�`�+� �L�;t trt. ��\y'.t{i aJip. �\•_�.. 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' :1 ,� \ ,y +\ `f ._f� l �s� 60.230 1�jT \ 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 J�Ys � os: .1 1 v tAi l 4r2ii6 [' `' r`� Q Pan and Zoom f, Ci 15 �. ,r. 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'i--- •--------_--\�-- — - - � 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,