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Home My WebLink About4850 590-600 & 602 Route 28; 12 Winslow Gray Rd Decision Recorded 10.26.20 Bk 33400 Pg91 #58817 10-26-2020 @ 02 : 47p YARMOUTH T0Wt CLERK •Y�� ;;`�: 'trG TOWN OF YARMOUTH r; BOARD OF APPEALS ^ r "-, DECISION J rv� r - !A CHf.'• ' '20SEP22m46:00 REC FILED WITH TOWN CLERK: September 22, 2020 PETITION NO: 4850 HEARING DATE: August 27, 2020 PETITIONER: Great Island Plaza, LLC PROPERTY: 590-600 & 602 Route 28; 12 Winslow Gray Road West Yarmouth, MA Map & Lot#: 0032.64, 0032.65; Zoning District: B2 Book/Page: 32211/294 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman, Sean Igoe, Dick Martin,Tom Nickinello, and Richard Neitz Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing opened on August 13, 2020 and was continued to the date stated above. The Petitioner seeks a Special Permit pursuant to Zoning Bylaw § 301.2 from certain Design Criteria requirements of the Parking Regulations (set forth in Sections 301.4.1, 301.4.4, 301.4.9, and 301.4.6) in connection with her proposed redevelopment of the commercial plaza located on her property located at the corner of Route 28 and Winslow Gray Road. The property is located in the B2 Zoning District and contains approximately 89,028 s.f. of lot area and a total of 659 feet of frontage along both Route 28 and Winslow Gray Road, thereby fully conforming to current lot area and frontage requirements. The property is currently improved with several structures, built in approximately 1960, including a multi-unit commercial building addressed as 590-600 Route 28, a free-standing building currently leased by the United States Post Office addressed as 602 Route 28, and a multi-family residential structure addressed as 12 Winslow Gray Road. The Petitioner proposes to renovate and partially reconstruct the multi-unit commercial building, demolish the residential structure, and improve the existing infrastructure throughout the property, including reconfigured and improved access to and within the site; increased and reconfigured 1 Bk 33400 Pg92 #58817 parking areas; a new Title V compliant septic system; and improvements to drainage facilities, utilities, and landscaping. The project is proposed in two phases, Phase I and Phase 2, as shown on the plan set submitted by the BSC Group dated 8/24/2020 ("Plans") in connection with the application. The proposed project was thoroughly reviewed and vetted by the Yarmouth Design Review Committee and the Site Plan Review Committee. The Board read into the record public comments both in favor and opposed to the project. After discussion, the Board determined that with the imposition of the conditions cited below, the project achieves maximum feasible compliance with the Design Criteria, and that the proposal: (1) will not be substantially more detrimental to the neighborhood, zoning district, or Town; and (2) will not cause or contribute to any undue nuisance, hazard or congestion; and (3) strict enforcement of the current bylaws would result in undue hardship to the property or its owner. As such, the Board found that the proposal would meet the requirements under Section 301.2 and Section 104.3.2(3) of the Zoning Bylaw for the issuance of a Special Permit. The Board recommended the following conditions, which are hereby conditions of this relief: 1. The construction of the project may be completed in two phases, as shown on the plans submitted to the Board. The contemplated Phase 2 of the project shall commence within three(3) years from the date of issuance of the first Certificate of Occupancy for the multi- unit commercial building at 590-600 Route 28 except for good cause, which shall include (but is not limited to) financing constraints or other real practical impediments. The Board shall make the good cause determination but may defer said determination to the Building Commissioner who shall determine if there is any violation of the zoning bylaws and the terms and conditions of this Decision and who shall enforce compliance if any such violation shall occur. 2. The Petitioner shall provide an annual update at a public meeting of the Board, with the initial update commencing twelve (12) months after the issuance of a building permit. The purpose of the annual update is to inform the Board of the status of construction, and as such,this requirement shall terminate upon completion of the project. 3. All landscaping in connection with the Project shall be done in accordance with the Landscape Plan prepared by BSC Group dated March 26, 2020, as last revised on September 8, 2020. 4. The rear parking area, as shown on the Plan and noted to be within Phase 1 shall be gravel and be consistent with the Plans. 5. All deliveries shall be in the rear of the buildings located at 590-600 & 602 Route 28. The parking spaces in front of these buildings shall be for patrons only. 6. The Petitioner shall comply with the Design Review Committee comments set forth in the Design Review Comment Sheet dated April 28, 2020, except where the Board's recommendations differ from the Design Review Committee comments, in which case the Board's recommendations take precedence over those of the Design Review Committee. 2 Bk 33400 Pg93 #58817 7. All site lighting shall be contained within the site and shall be on a precast base or flush mounted. The lighting fixtures shall be consistent with the specifications provided by the Petitioner with its Design Review Committee Application. With these conditions, the Board finds that the Petitioner has demonstrated the requirements of Zoning Bylaw §301.2 and §104.3.2(3) for the issuance of a Special Permit, in that the proposal achieves maximum feasible compliance with the current requirements of Section 301 of the Zoning Bylaw; and will not be substantially more detrimental nor cause undue nuisance, hazard or congestion and that strict enforcement of the current bylaws would result in undue hardship to the property and its owner. Accordingly, a Motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the Special Permit, as requested, incorporating the seven conditions recommended by the Board. The members voted unanimously in favor of the Motion. No permit shall issue until 20 days from the filing of this decision with the Yarmouth Town Clerk. Appeals from this decision shall be made pursuant to M.G.L. c. 40A, § 17 and must be filed within 20 days after filing of this decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if construction has not begun within 24 months except for good cause (exclusive of time required to pursue or await the determination of an appeal referred to in G.I,. c. 40A, § 17, from the grant thereof). See Yarmouth Zoning Bylaw, § 103.2.5 and M.G.L. c. 40A, § 9. Steven . DeYoung, finnan 3 Bk 33400 Pg94 #58817 o� Yak COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal#4850 Date: October 12, 2020 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Great Island Plaza, Inc. 590-600 & 602 Route 28 and 12 Winslow Gray Road, West Yarmouth,MA 02673 Affecting the rights of the owner with respect to land or buildings at: 590-600& 602 Route 28, and 12 Winslow Gray Road, West Yarmouth. Map & lot#: 0032.64 & 0032.65; Zoning District: B2; Book/Page: 32211/294 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty(20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Steven S. DeYOtiek, Chairman Bk 33400 Pg95 #58817 ., •� / TOWN OF YARMOUTH Town A' 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk MATT NEE E "gym"° Telephone(508) 398-2231 Ext. 1285,Fax(508) 398-0836 CERTIFICATION OF TOWN CLERK I, Mary Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision#4850 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. wiiithotai:_ Mary M wski T,9.wn Cler ,:v; a. 9 I b �. 9 L 'S.! 4 ..W.1 Tv, igi's-' - -..ii, - ) h1 t,i .144.444 Y • JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED 6 RECORDED ELECTRONICALLY