HomeMy WebLinkAbout2022-2 ROAD Approval 020123 TCTOWN OF YARMOUTH
1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231 Ext. 1276, Fax (508) 398-2365
FORM R-I
PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
CERTIFICATE OF APPROVAL OF A R.O.A.D. PLAN
February 1, 2023
Town Clerk
Town of Yarmouth, Massachusetts
Planning
Board
YARMOUTH TOWN CLERK
'23FEB1PM4:01 REC
RE: Planning Board R.O.A.D. Reference No. 2022-2
Applicant: Ekaterina & Family LLC and Jay Imad, Trustee of the Cedars of
Lebanon Trust, 381 Camp Street, West Yarmouth, MA
Property Location: 1272, 1276 and 1282 Route 28, South Yarmouth, MA
Assessor Map 60, Parcels 130,131 & 132
It is hereby certified by the Planning Board of the Town of Yarmouth, Massachusetts, that at a
duly called and properly posted and advertised Public Hearing of said Planning Board, held on
January 18, 2023, it was voted (4-3) to approve ROAD Application #2022-2 submitted for 1272,
1276 & 1282 Route 28, South Yarmouth with Brad Goodwin, Chris Vincent, Ken Smith and
Joanne Crowley voting in favor, and Susan Brita, Jim Saben and Will Rubenstein voting against,
with the following conditions:
1. Include more variety in tree species with fewer red maples.
2. Reduce footcandles under the gas pump canopy to industry standards of no more than 30
footcandles and reduce footcandles to 0.05 footcandles at the property line abutting
residentially zoned properties.
3. 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.
4. Install a six (6) foot fence within the buffer area along the eastern property boundary to
within 20' of the Route 28 layout.
5. Install an eight (8) foot acoustic fence along the entirety of the northern property line
abutting the residential zoning district.
The plans and the application for the requested action were filed with your office on September 29,
2022, with a fourteen (14)-day extension filed with your office on October 4, 2022, and a sixty (60)
day extension filed with your office on October 24, 2022.
'ARMOUTH TOWN CLERK
Form R-1, Ref. 2022-2
Page 2 of 3
'23FEB 1Fm4:01 REC
PLANS AND INFORMATION SUBMITTED AND MADE PART OF THIS APPROVAL:
The development plans consist of the following:
1. Existing Conditions Plan: Prepared by Borderland Engineering, Inc, dated 12/7/21.
2. Site Plans: All site plans prepared by Choubah Engineering Group, issue date 9/26/22:
■ 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
3. Architectural Plans: All architectural plans prepared by Choubah Engineering Group, issue
date 9/26/22:
■ Proposed 1 st 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
PROJECT DESCRIPTION:
The site consists of three parcels totaling 1.14 acres which currently contain five cottages, a
convenience store and two gas pumps with canopy. The applicant proposes to demolish all
existing buildings on the three adjoining properties and construct a new gasoline filling station with
four dispensers, overhead canopy, a two-story mixed -use building with a 4,000 square foot (sf)
footprint, and associated site improvements including parking, traffic circulation, pedestrian
walkways, site lighting, various utilities and landscaping. The mixed -use building is proposed to
include a convenience store, coffee shop area, and drive-thru on the first floor; and four (4)
residential apartments on the second floor.
ZONING RELIEF:
The project will require the following zoning relief from the Zoning Board of Appeals:
1. Building front setback, section 203.5
2. Parking behind front setback, section 301.4.1
3. In lot trees, section 301.4.6 (1 short)
4. Drive through buffer distance to residential zone of 100', section 301.8.
5. Front landscape buffer width, section 301.4.4.
6. Al2, multifamily use, table 202.5 (with no more than 50% of total building floor area being
used for residential)
7. H6, gas station use, table 202.5.
8. Signs on front and right -side elevations, section 303.5.5
Form R-1, Ref. 2022-2
Page 3 of 3
YARMOUTH T0WN CLERK
923FEB1FM4:01 REC
Upon further discussion with the Applicant, relief from section 301.4.3 for a curb cut in excess of
24 feet wide does not appear needed.
FINDINGS:
The Planning Board finds that the project meets the following general criteria for approval of a
R.O.A.D. District Development Plan as outlined in Section 411.5 of the Zoning Bylaw as follows:
1. results in economic benefits to the Town and is recommended by the Community &
Economic Development Committee.
2. the building will be mixed -use, making use of a second story for housing (top of shop).
3. 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.
4. improves the aesthetics of the buildings using cape cod style architecture, traditional
looking building materials and muted colors.
5. promotes an attractive and viable commercial district.
6. improves the buffering along the public way with wider buffers with additional landscaping
and fewer curb cuts.
7. the site provides adequate internal circulation/egress and pedestrian access.
8. the benefits of the project outweigh the detriments resulting from the requested relief being
through a Special Permit.
NOTE TO THE APPLICANT: Approval by the Planning Board does not grant zoning relief.
Application must be made to the Board of Appeals.
NOTE TO PLANNING BOARD: Approval by the Planning Board must be noted on the plan to the
Board of Appeals as an endorsement, per Zoning Bylaw section 411.6.
NOTE TO THE BOARD OF APPEALS: Planning Board approval is a recommendation to the
Board of Appeals that the above referenced zoning relief be granted in the form of a Special
Permit, as outlined in Zoning Bylaw section 411.3.2.
Mandatory criteria of Board of Appeals approval are outlined in Bylaw section 411.5, paragraph 2.
A true copy, attest:
nne Crowley, Chairman
Yarmouth Planning Board
Duplicate copy sent to applicant
Duplicate entered into project file
Duplicate sent to Board of Appeals