HomeMy WebLinkAbout2022-2 ROAD Ap Planner Revised 011823 Page 1 of 5
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: January 10, 2023, revised January 18, 2023
Subject: Planner Report - Revitalization Overlay Architectural District ROAD App #2022-2
1272, 1276 & 1282 Route 28, South Yarmouth MA
A. General Description: Ekaterina & Family LLC and Jay Imad, Trustee of the Cedars of Lebanon
Trust, have submitted a Revitalization Overlay Architectural District (ROAD) Application #2022-2 for
a modified redevelopment project at 1272, 1276 and 1282 Route 28, South Yarmouth, MA (Assessor
Map 60, Parcels 130, 131 & 132). The Planning Board reviewed a previous ROAD Application
(#2022-1) from this applicant back in June of 2022 which was ultimately withdrawn without prejudice.
The applicant has resubmitted the project to try to address comments received during the Planning
Board’s Public Hearing on this earlier application. The new plan has been modified to include the
parcel to the east (1272 Route 28) and reduces the size of the mixed-use building from 6,560 sf to
4,000 sf, and the number of pumps from 5 to 4. The mixed-use building was moved closer to the
road and would still have a convenience store and drive-thru on the first floor and four (4) residential
apartments on the second floor. The parking was relocated to the side/rear of the structure and
wider buffers with more landscaping and irrigation have been proposed. The project also includes
various site and utility improvements. The combined lots total 1.14 acres and currently contain five
cottages, a convenience store and two gas pumps with canopy.
B. Process: Section 411 – ROAD Bylaw, 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 tasked with ensuring the project substantially adheres to the Yarmouth Architectural
and Site Design Standards (Design Standards). If the Planning Board approves the ROAD District
Development Plan, the applicant can submit for a Special Permit from the ZBA rather than
requesting any Variances, which are more difficult to obtain.
Within 45-days of submission, the Planning Board needs to issue their decision on the ROAD District
Development Plan after having a Public Hearing. The application was submitted on September 29,
2022; however, two extensions have been authorized by the applicant totaling 74-days, extending
the deadline to January 25, 2023. Failure to act by January 25th results in disapproval without
prejudice unless the timeline is further extended. The Public Hearing is scheduled for January 18,
2023. The attached Public Hearing Notice was published in the Cape Cod Times on January 3rd and
10th and notification to abutters within 300’ of all three properties was sent on January 6th. Approval
of a ROAD District Development Plan requires a majority vote (4 out of 7).
C. Review Criteria: When considering approval of a ROAD District Development Plan, the Planning
Board shall consider the following criteria, standards, objectives and recommendations as outlined in
Planning
Division
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Planning Board
Planner Report – ROAD 2022-2 – 1272, 1276 & 1282 Route 28
January 10, 2023, Revised January 18, 2023
Section 411.5.1 and have been summarized below. Please note a proposal need not satisfy all
criteria in order to receive approval.
1. Site Plan Review Objectives: related to adequate internal circulation/egress and traffic safety;
reasonable measures taken to reduce parking visibility from public ways; adequate fire and
service equipment access; adequate utilities, drainage, and fire protection; and minimize removal
of existing trees within the buffer zones.
2. Design Review Objectives: related to improving aesthetic quality of buildings and sites; promote
attractive and viable commercial districts; preserve the pattern of the neighborhood; encourage
public amenities; Cape Cod architectural styles using traditional building materials and muted
colors; and internal parking circulation to reduce curb cuts, improve landscaping and traffic flow,
allow for proper turning radius and parking space, encourage pedestrian uses and access, screen
trash receptacles, and minimize any accessory signage.
3. ROAD Goals, Purpose & Objectives: provides zoning flexibility and incentives to encourage
business opportunities and redevelopment while preserving and enhancing our historic
community; promotes quality redevelopment through design standards; requires the project to
substantially adhere to the Design Standards as determined by the Planning Board; and adheres
to the intent and purposes of the underlying zoning.
4. Economic Benefits of the Proposed Project.
5. SPR and CECD Recommendations.
6. Supplementary ROAD District standards: related to the quality of aesthetic and architectural
styles; color and materials; balances economic growth and employment with protection of the
natural environment; the benefits of the ROAD project shall outweigh its detriments; and the
benefits of any deviation or relief from the underlying zoning bylaw shall outweigh any detriments
as determined by the Planning Board.
D. Other Committee Comments:
1. Community & Economic Development Committee: The CEDC reviewed this modified project at
their meeting on October 11, 2022 and voted to recommend the project to the Planning Board due
to its economic benefits. Refer to the attached October 12, 2022 Memo from CEDC.
2. Site Plan Review (SPR): Most of the comments in the attached September 20, 2022 SPR
Comment Sheet are related to other permits or regulatory requirements that the Applicant needs
to adhere to and will be addressed during permitting for the project. Edits were made to the
submitted plans to address design related SPR comments including adding more trees,
eliminating the parking space in front of the building, eliminating the duplicate 5’ walkway in front
of the building and adding more landscape buffers, eliminating the benches along the drive-thru,
reduction in the pavement around the gas pumps allowing for the expansion of the eastern buffer,
elimination of the strip of 3’ sidewalk by the employee parking, relocation of the loading area
closer to the building, inclusion of 8’ wooden privacy fence and no-smoking signs by the
playground. Still of concern is the excessive level of footcandles under the canopy (as high as
77.5 footcandles) and exceeding the limit of 0.05 footcandles adjacent to residential zones.
3. Design Review Committee (DRC) & Architectural and Site Design Standards (Design Standards):
The DRC reviewed this project on October 18, 2022 in an advisory capacity (see the attached
DRC Comment Sheet). The DRC was appreciative of the modifications the Applicant made to the
project including the relocation of the building closer to the street, the reduction in the size of the
building and number of pumps, wider vegetated buffers with irrigation and inclusion of the third lot.
Ultimately, the DRC felt all of the Siting and Building Strategies were either Not Applicable (N/A)
or Meets Standards. In their specific comments, the DRC did note the following which could be
included as conditions:
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Planning Board
Planner Report – ROAD 2022-2 – 1272, 1276 & 1282 Route 28
January 10, 2023, Revised January 18, 2023
Include more variety in tree species with fewer red maples.
Reduce footcandles under the gas pump canopy to a maximum of 20 footcandles and
reduce footcandles to 0.05 footcandles at the property line abutting residentially zoned
properties.
E. Bylaw Relief: Although the Planning Board is not granting any waivers, they need to review the
benefits of any relief requested compared to any detriments. It should be noted that as previously
developed sites, the properties currently have grandfathered non-conformities. Per Zoning Bylaw
Section 301 – Parking and Loading Requirements, redevelopment projects like this need to meet the
requirements of this section or secure a Special Permit from the Board of Appeals showing that they
have met the requirements to the maximum extent feasible.
Per the SPR Comments and the Narrative included in the application materials, the following relief in
the form of a Special Permit will be required providing all mandatory sections of 411 are met.
Building front setback, section 203.5
Parking behind front setback, section 301.4.1
In lot trees, section 301.4.6 (1 short)
Drive through buffer distance to residential zone of 100’, section 301.8.
Front landscape buffer width, section 301.4.4.
A12, multifamily use, table 202.5 (with no more than 50% of total building floor area being
used for residential)
H6, gas station use, table 202.5.
Curb cut shown at 30’, section 301.4.3
Signs on front and right-side elevations, section 303.5.5
F. Options: Depending upon the deliberations of the Board, they may wish to approve or deny the
ROAD Application #2022-2 but will need to provide some findings or reasoning for whichever
decision is made.
1. Approval: The Planning Board could make a motion to approve ROAD Application #2022-2
submitted for 1272, 1276 & 1282 Route 28, South Yarmouth with the following conditions:
a. Include more variety in tree species with fewer red maples.
b. Reduce footcandles under the gas pump canopy to a maximum of 20 footcandles and
reduce footcandles to 0.05 footcandles at the property line abutting residentially zoned
properties.
c. No fencing, vegetation removal, grading or ground disturbance shall occur within the
triangular area along the eastern property boundary where there appears to be conflicting
property boundary records.
d. Install a six (6) foot wooden fence within the buffer area along the eastern property
boundary to within 20’ of the Route 28 layout.
b.e. Other conditions?
Some findings of the Board could include:
a. results in economic benefits to the Town and is recommended by the Community &
Economic Development Committee.
b. the building will be mixed-use, making use of a second story for housing (top of shop).
c. the Design Review Committee and the Planning Board have both determined that the
project substantially adheres to the applicable sections of the Yarmouth Architectural and
Site Design Standards.
Page 4 of 5
Planning Board
Planner Report – ROAD 2022-2 – 1272, 1276 & 1282 Route 28
January 10, 2023, Revised January 18, 2023
d. improves the aesthetics of the buildings using cape cod style architecture, traditional
looking building materials and muted colors.
e. promotes an attractive and viable commercial district.
f. improves the buffering along the public way with wider buffers with additional landscaping
and fewer curb cuts.
g. the site provides adequate internal circulation/egress and pedestrian access.
h. the benefits of the project outweigh the detriments resulting from the requested relief being
through a Special Permit.
2. Denial: The Planning Board could make a motion to deny ROAD Application #2022-2 submitted
for 1272, 1276 & 1282 Route 28, South Yarmouth. However, the Board would need to clearly
document the reasons why the application is being denied.
Page 5 of 5
Planning Board
Planner Report – ROAD 2022-2 – 1272, 1276 & 1282 Route 28
January 10, 2023, Revised January 18, 2023
Attachments:
Public Hearing Notice
Aerial Map
October 12, 2022 Memo from CEDC
October 18, 2022 Design Review Committee (DRC) Comment Sheet
ROAD Application Form:
o ROAD Application Form
o Project Narrative
o September 20, 2022 Site Plan Review Comments
o Existing Conditions Plan: Prepared by Borderland Engineering, Inc, dated December 7, 2021
o Site Plans: All plans prepared by Choubah Engineering Group, dated September 26, 2022:
Cover Sheet
Demolition and Erosion & Sediment Control Plan
Erosion Control Details & Notes
Site Layout & Fuel Truck Access Plan
Grading & Drainage Plan
Utility Plan
Sewage System – Profile & Sections
Landscape Layout & Fire Apparatus Access Plan
Lighting Plan
Site Details #1
Site Details #2
Site Details #3
Underground Fuel Storage Tanks Details
o Architectural Plans: All plans prepared by Choubah Engineering Group, dated September 26, 2022:
Proposed 1st Floor Layout
Proposed 2nd Floor Layout
Proposed Front & Left Side Building Elevations
Proposed Rear & Right Side Building Elevations
Canopy Elevations & Details
Architectural Renderings #1
Architectural Renderings #2