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HomeMy WebLinkAbout5007 Jay Mart ApplicationVPIRWOOTH TOWN 523JANDAM9:05 REG ZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information) Appeal# 5_047 Hearing Date: +Z3 a23 Fee $: � 6,9, �,9 Applicant is the (check one): Owner XX Tenant Prospective Buyer Other Interested Party Applicant (full names, including d/bla): Ekaterina & Family LLC / Jay Imad Trustee of the Cedars of Lebanon Trust Address: c/o Paul R. Tardif, Esu., 490 Main Street, Yarmouth Port, MA 02675 Phone: (508) 362-7799 Email: rtardifaAardiflaw.com This application relates to the property located at: 1272 1276 & 1282 Route 28 South Yarmouth Shown on the Assessor's Map as: Map # 60 Parcel #:130,131 and 132 Zoning District: B2 and R.O.A.D. Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location: NIA Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to (e.g., add a 10' by 15' deck to the front of our house). See attached Narrative RELIEF REQUESTED: The applicant seeks the following relief from the Zoning. Board of Appeals: REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this decision with this application). What is the decision date? The reason for reversal and the ruling you request the Board to make: XX SPECIAL PERMIT under Yarmouth Zoning Bylaw Section: 202.5, 203.5, 301.4.1, 301.4.4, 301.4.6, 301.8, 303.5.5 (individually) or in the alternative Section 411 (R_O.A.D.) and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5: H2, H6, H10 and Al2 _VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section & Relief sought: Section & Relief sought: Section & Relief sought: ADDITIONAL INFORMATION (which you feel should be included in your application): z Ov ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information) Name & Address of Current Property Owner (if other than applicant) as listed on the Deed: Same as applicant Title Deed Reference (provide a copy of most recent Deed): • Book & Page #: Book 34755, Page 26; Book 21043, Page 13; Book 20629, Page 48; • or Certificate #: • Land Court Lot #: • Plan #: Use Classification: • Existing: Gas Station Convenience Store multifamil §202.5 # H2, H6 and Al2 Proposed: Gas Station, Convenience Store, multifamily, Drive Through §202.5 #112, H6, 1110, and Al2 Is the property vacant? Yes_ No XX If yes, how long has property been vacant? Lot Information • Size/Area: 49,833 square feet • Plan Book & Page: Plan Book 110, Page 143 (1276 Route 28) and Plan Book 110, Page 125 (1282 Route 28) • Lot #: Is this property within the Aquifer Protection Overlay District (APD)? Yes _ No XX Have you completed a formal commercial site plan review (if needed)? Yes XX No Which other Boards and/or Town Departments are/have/will review this project? What is the status of review? Completed Site Plan Review, CEDC, Design Review Committee, and Planning Board Is this a repetitive petition (re -application)? Yes— No XX If required, do you have Planning Board Approval? Yes XX No Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes XX No If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application. f 1276) — Decision 2648 (sign variance — Granted): (1282)., Decision 3537 (Variance for new Canopy — Granted); Permit to sell used cars — Building Commissioner Comments: Applicant / Attorney 1 Agent Signature: lCufabil\X, Property Owner Signature, by Attorne . Address: 490 Main Street, Yarmouth Port, MA 02675 Phone: 50$ 362-7799 Email: tardif cr and 11a«.con Building Commissioner Signature: Date: z� Elcaterina & Family,LLC and Jay Imad Trustee of the Cedars of Lebanon Trust 1272, 1276 and 1282 Route 28, South Yarmouth, MA 02664 Yarmouth Zoning Board of Appeals — Project Narrative — R.O.A.D. Application Redevelop the property and demolish all existing buildings (8) on site and construct a gasoline filling station with four dispensers, overhead steel canopy, two double walled fiberglass fuel storage tanks and an 8,000 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 three lots, 1272, 1276 & 1282 Route 28, South Yarmouth, which are in the B21 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 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 49,833 square feet. Building coverage is currently at 12.5%, lot coverage is 52.6% and 4 curb cuts exist on site. Building coverage will drop to 12.3% (from 22.2%), lot coverage will increase to 57.8% (from 52.6%), rear setback will be 41 feet (instead of 6.8), front setback will be I I feet (instead of 3.3), and one curb cut will be eliminated 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. In the alternative, the applicant is seeking a Special Permit for each of the individual sections listed below. Having received the approval of the R.O.A.D. plan by the Yarmouth Planning Board on January 18, 2023, the project now proceeds before the Yarmouth Zoning Board of Appeals for a Special Permit, for relief from the following sections of the Zoning Bylaw: Building front setback, section 203.5 Only 2 in lot trees, section 301.4.6 Drive through buffer distance to residential zone of 100'. Section 301.8. Front landscape buffer, section 301.4.4. Al2, Multifamily Use in the B2 Zoning District, section 202.5 and 411 H6, Gas Station Use in the B2 Zoning District, section 202.5 Signs on front and right -side elevations, section 303.5.5 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 Yarmouth Planning Board, which serves as the Design Review Authority for ROAD projects, and which is responsible for ensuring the project substantially adheres to the Yarmouth Architectural and Site Design Standards (Design Standards), has approved the plan pursuant to Bylaw Section 411.6. Page I of 5 Pursuant to Bylaw Section 411.3.2, the Zoning Board of Appeals, by Special Permit, may grant ROAD District Development Special Permit approval, with or without conditions, and within said Special Permit, the Board of Appeals may waive any portion of these zoning bylaw sections: 202, 203, 301, 303, 402, and 407 (except as set forth in section 411.3.3 hereof) if an applicant: 1. submits in accordance with this ROAD district section; 2. meets the criteria for the grant of a Special Permit as set forth in section 103.2; 3. completes the process of site plan review, if applicable, as set forth in section 103.3; 4. meets the criteria for approval pursuant to section 411.5, and; 5. receives approval of the Planning Board pursuant to section 411.6. Applicant has complied with items 1, 3 and 5 above, and there is no dispute to that. It is our position that our proposal also meeting the requirements of items 2 and 4 as well. Item 2 — Meets the criteria for the grant of a Special Permit as set forth in section 103.2 103.2.2 Criteria. Special permits shall not be granted unless the applicant demonstrates that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. In addition, individual sections of the Zoning Bylaw contain supplemental special permit criteria for specific uses and types of development. Item 4 —Meets the criteria for approval pursuant to Section 411.5 411.5 Criteria for approval. The Planning Board when considering approval of a ROAD District Development Plan and the Board of Appeals when considering a petition for a Special Permit for a ROAD District Development Plan shall consider the following criteria, standards, objectives and recommendations: 1. General Criteria. All proposals shall be reviewed according to the following general criteria. These criteria are evaluated under the discretion of the Planning Board, and a proposal need not necessarily satisfy all criteria in order_ to receive the approval of any of the reviewing boards or authorities. (emphasis added) A. site plan review objectives pursuant to section 103.3.1; 103.3.1 Objectives. The design of projects requiring submission of a site plan, pursuant to this section, shall comply with the following: 1. Internal circulation and egress from the site are such that traffic safety is protected and access via minor streets servicing single-family homes is minimized. 2. Reasonable use is made of building location, grading and vegetation to reduce visibility of parking areas from public ways. Page 2 of 5 3. Adequate access to each structure for fire and service equipment is provided. Installation of Yarmouth Fire Department (YFD) Lockbox(es) shall be required to ensure building and site access. 4. Utilities and drainage serving the site provide functional service to each structure and paved area in the same manner as required for lots within a subdivision, and fire protection provisions meeting Fire Department regulations are provided. 5. Drainage serving the site must comply with Section 304 — Stormwater Management. 6. The proposed development will: a) minimize adverse environmental impacts on such features as wetlands, flood plains, and aquifer recharge areas; b) minimize obstruction of scenic views from publicly accessible locations; c) preserve unique natural or historical features to be preserved on the site or within the Town of Yarmouth; d) maximize open space retention; e) avoid major topographic changes; and f) minimize removal of existing trees within the required buffer zones. 7. In or abutting residential districts, effective use is made of topography, landscaping and building placement to maintain, to the degree reasonable, the character of the neighborhood. B. the criteria, standards and objectives of design review pursuant to section 103.3.3.1; 103.4.3 Goals and objectives. The goals of the design review process shall be to revitalize all commercial uses south of Route 6 by: 1. Improving the aesthetic quality of buildings and sites therein; 2. Promoting attractive and viable commercial districts, and; 3. Providing a process for review of all changes in land use, the appearances of structures, or the appearances of sites within the districts. The objectives of the design review process are to: 1. Preserve the natural and cultural patterns of the surrounding landscape whenever possible. 2. Encourage incorporation of public amenities, including, but not limited to, sidewalks, benches, and bike racks within commercial developments. Encourage clustering of buildings in large developments to retain more open space. 3. Building is encouraged to be of a style which complements and promotes traditional Cape Cod architectural styles and character with proper scale, proportion and roof pitch. Traditional building materials (clapboards and cedar shingles) are recommended for usage. Colors of clapboard and trim should be muted colors of traditional usage, not designed to shock or stand out. 4. Identify the internal parking circulation sy improve landscaping encourage pedestrian signage. Page 3 of 5 and traffic flow, allow uses and access, screen tem in a manner which will reduce curb cuts, for proper turning radius and parking space, trash receptacles, and minimize any accessory C. the goals, purpose and objectives of this section 41.1; The intent of this ROAD is to provide a carefully controlled mechanism that promotes business opportunities through the use and reuse of business properties while preserving and enhancing the ambiance of our historic community. 411.2 Objectives. The objectives of this section are: 1. to respect and accomplish the intent and purposes of the Yarmouth Zoning Bylaw underlying this ROAD District; 2. to encourage the development and redevelopment of sites and buildings within commercial districts through the incentive of zoning flexibility. If new development is proposed on a site where existing building(s) are to remain, then no approval shall be granted unless the existing building(s) and the entire site are redeveloped and revitalized to meet the criteria of the Yarmouth Architectural and Site Design Standards; 3. to require, in exchange for said flexibility, submission to design standard review so as to further encourage variety and choice within commercial and business development, to further encourage mixed commercial, business and residential uses, to stimulate economic development and, to further encourage the construction of projects with Historic, Seaside, Village, Colonial, and/or Old Cape Cod style themes and designs, while preserving and protecting Yarmouth's natural environment and aesthetic values. D. the economic benefits of the proposed development; 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 MASSDEP 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). In addition, there will be tax revenue benefits from this project. Currently, the owner of the property at 1272 Route 28 pays annual Real Estate Taxes in the amount of $1,580.00, which is based on Taxable Value of $187,700.00. The owner of the property at 1276 Route 28 pays annual Real Estate Taxes in the amount of $4,272.00, which is based on Taxable Value of $510,500.00. The owner of the property at 1282 Route 28 pays annual Real Estate Taxes in the amount of $3,443.00, which is based on a Taxable Value of $409,100.00. Combined, the three properties result in the generation of real estate taxes in the amount of $9,295.00, based on combined assessed value of $1,107,300.00. Page 4 of 5 There is a question regarding the resulting tax assessment for the property once completed. However, there can be no question that the assessed value of these 3 properties, improved as described, and based on the applicant's financial layout of approximately $4 million to construct this project, will increase. Even relying on an estimate assessment of 50% of the applicant's investment, and based on the tax rate for the Town of Yarmouth for Fiscal Year 2023 of $9.18 per thousand, an assessed value of $2,000,000.00 will result in a total real estate tax of $18,360.00, an increase of $9,065.00. E. the recommendations of the Site Plan Review team and the Community and Economic Development Committee; Both have recommended F. supplementary ROAD District standards: (1.) architectural -Ltyles. Site, elevation, landscape, and sign plans (plans shall be drawn in the context of one (or a mixture of) the following styles: Historic, Seaside Village, Colonial, and/or Old Cape Cod (style) which shall have their common and ordinary meaning. Portions of the overall plans may include contemporary design where necessary for public health and safety or to eliminate architectural barriers; (2.) design. Plans shall be evaluated in the context of the findings, objectives and criteria set forth in this section 411; (3.) intrinsic or reproduction style value and significance; (4.) aesthetic and/or artistic quality of the style; (5.) balance and mixture within the general style design of factors to include, but not limited to: a. relative size and setting; b. color; c. material, and; d, arrangement; (6.) respect for the need to balance economic well being and stability, economic growth, and employment with protection of the natural environment. (7.) balance. The benefits of the ROAD District development plan shall outweigh its detriments. Further, the benefits of any deviation or relief from the underlying zoning bylaw shall outweigh any detriments as determined by the Planning Board. I have attached copies of the recommendations of the Community and Economic Development Committee, the Design Review Committee, and the comments of the Site Plan Review team for your review. In addition, and based on the fact that the Yarmouth Planning Board was acting as the Design Review Authority for ROAD projects when approval was provided, it logical to assume that we have met that requirement as well. Page 5 of 5 Formal Review SITE PLAN REVIEW COMMENT SHEET Date: September 20, 2022 Map:60 Ap licant: Ekaterina & Family, LLC Parcel:130,131 & 132 Location: 1272, 1276 & 1282 RTE 26 Zone: B-2 Persons Present: Mark Grylls At y. Paul Tardif Carl Lawson Hal Choubah Lt. Matt Bearse Jay Imad Amanda Lima Kyle Pedicini KathyWilliams Bruce Murphy Protect Summary The applicant is proposing to redevelop the three parcels, demo all existing buildings (8) and construct a gasoline filling station with 4 fueling dispensers with steel overhead canopy & 4000 sq-ft mix -use building with convenience store and drive thru on first floor, and 4 residential apartments on second floor. Comments �Buildin : Project will combine three lots, 1272, 1276 & 1282 Route 28 in the B-21 ROAD overlay district. The existing gas station i convenience store, canopy and 5 rental units to be razed and replaced with a new canopy, and a 4,000 sq. ft. 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 (Al2 use) on the second. The combination of the lots will create a conforming lot of 49,833 sq.ft. Building coverage is 12.3%. Lot Coverage is 63.3%. Structure as proposed is in the 30' front buffer. Lighting plan indicates that the lighting directly under the canopy to be 77.5 foot candles and mostly compliant at all other boundaries. The plan meets the standard required in the bylaw but seems excessive. It is understood that all lighting will be aimed at the ground, however section 301.4.10 also contains language regarding undue glare to adjoining properties. LED lights which are proposed to be used produce a lot of glare. Recent projects in town have been the cause for complaints from neighbors, as well as passersby on roadways to the Building Dept. Shielding and redirection of lighting have been the only way to solve these issues. Once lights are installed and operable, further review will be required before a Certificate of Occupancy is issued. 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 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. • Building front setback, section 203.5. • 1 In lot tree • Drive through buffer distance to residential zone of 100'. Section 301.8. • Parking location in front of principle structure, section 301.4.1. One parking spot • Front landscape buffer dimension, 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 • Sheets 15 & 16 show attached signs on the front and right -side elevations. Relief will be required for the additional signage. Construction to meet all applicable sections of 780 CMR MA State Building Code & appendant codes including 521 CMR AAB, 2018 1ECC. 3'Planning: The Applicant has put a great deal of effort into modifying their proposal to include an adjacent parcel to better adhere to the Architectural & Site Design Standards by moving the building closer to the street with a street facing front entrance and pedestrian amenities, having the vast majority of the parking to the side and rear of the building, and providing wider vegetated buffers. Building design is thoughtful with the roof mounted HVAC units being hidden and the exterior walkway eliminated. However, there may remain some inherent issues related to mixing residential uses with both a gas station and drive-thru. 1. Front yard Setback: Will need relief for the building front yard setback, in addition to the canopy noted. 2. Buffers! Per Section 301.4.4, need to have a 3" caliper tree every 20' around parking of 5 cars or more, so may need some additional buffer trees. Per Section 301.4.9 need to Include min. 2.5" caliper trees in front of the building every 35' combined with the comprehensive landscape plan shown so may need a few more trees in front of the building. Show trees to remain as being protected on plans and check to be sure proposed grading will not impact the tree. 3. Stormwater: As there will now be more than 1 acre of disturbance, a Stormwater Management Permit will be required from the Conservation Commission. 4. Loading Zone: Location for delivery trucks is very far from the building and access is through a busy area. Could the loading dock be relocated to the northern parking space next to the island? 5. Fencing: New wooden fencing should be located abutting residential properties in addition to the plantings. 6. Residential Parking/Playground: Residents will still need to go through the "escape lane" to access their parking and kids would need to cross the drive thru lanes and parking area to access the play structure. No smoking should be allowed in the playground/picnic area. Benches should not be located along the drive-thru lane, 7. Bollard Detail: Question the aesthetic of 16 PVC bollards in front of the main entrance. 8, Lighting: Level of lighting under the canopy of as high as 77.5 footcandles is unacceptable and will result in a glowing effect front the canopy area impacting abutters and those traveling on Route 28. Footcandles abutting residential properties should be 0.05 footcandles or less. 9. Pumps: Nothing should be located on the pumps that include speakers of any kind (no talking videos). 10. Pavement: It is unfortunate that there is still a large amount of paved area with only two in -lot tree islands. 11. Eastern Property Line: Explain the property line being different per plan book 3701page 8. Who owns the triangle wedge? 12, Refer to Building Comments for zoning relief. 13. Eliminate the 3' concrete sidewalk next to the employee/overflow parking and add more buffer. 14. Eliminate the 5' sidewalk parallel to Rte 28 on the subject property and add more landscape buffer. Retain sidewalk path to Route 28 and in front of the parking. Conservation: No conservation jurisdiction, but a Stormwater Management Permit application is required since disturbance is > 1 acre Design Review: As a ROAD project, the Design Review Authority is the Planning Board and occurs after Site Plan Review. Engineering. General • Coordinate addressing upon combination of the lots • Confirm turning movement on Sheet 7 that traverses the island near the drive-thru Drainage • Defer detailed stormwater review to the Stormwater Management permit. If not applicable, coordinate a review from Engineering department. • Sheet 6 references PTP, confirm that is proposed test pit. Remove unsuitable soils around 5' if needed. 14 Fire: Fire Dept. Lock boxes needed for access to sprinkler room and residential units. FDC to be determined, Fire hydrant needed within 100 feet of FDC, Fire truck access needs to be YFD engine template. 527 CMR 1 Ch 18 for access and water supply. BDA expected, Fire Alarm system required. Business fire protection needs to be integrated with above residences. Additional permits required for Service station and UST. Health: The Health Dept. is unable to approve the project because the Sewage System Plan and Proposed First Floor Layout Plan were only received by the Health office yesterday afternoon, 9-19-22. Please schedule a meeting with the Health Dept. to review outstanding information and any required plan revisions. Hazardous Materials: 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. Rental Housing: All second -floor rental housing units have a maximum occupancy of two individuals per bedroom and 4 individuals per unit. Food Service: See opening comment concerning plan review and meeting with Health Dept. Septic System: See opening comment concerning plan review and meeting with Health Dept. Water: Previous comments have been incorporated into this set of plans, so no additional comments. The irrigation sy�te�m appear e tied to the Town water system, so the proponent may consider drought tolerant plants to more e sil complyWth fulure Town Water Conservation Measures.. /% Read Review is: ❑ Conceptual 19 Formal i] Binding (404 MotelsNCODIR.O.A.D. Project) ❑ Non -binding (All other commercial projects) Review is by: nx. Planning Board ❑ Design Review Committee DESIGN REVIEW COMM17 TEE (ARC J -COMMENT SHEET [DRC_comments which are provided to the Planning Soard� Meeting Date: October 18, 2022 - Room B/Virtual Map: 60 Lots: 130, 131 & 132 Applicant: Ekaterina & Family, LLC & Jay Imad Zone(s): ROAD Optional Overlay District Site Location: 1272, 1276 & 1282 Route 28, South Yarmouth, MA W Persons Present: DCR Members Present Yarmouth Town Staff Present Guests Dick Martin KathyWilliams Halim Choubah CEG Sara Porter remote Attorney Paul Tardif Chris Vincent Jay lmad DRC Review for this Agenda Item started at: 4:01 PM DRC Review ended at: 4:25 PM On a motion by Chris Vincent, and seconded by Sara Porter, the Design Review Committee (DRC) voted (3- 0) to adjourn the October 18, 2022 DRC meeting at 4:25 PM. Project Summary General Description: The Applicant seeks to develop the project using Zoning Bylaw Section 411 — Revitalization Overlay Architectural District (ROAD). The DRC had reviewed a previous ROAD Application from this applicant back in May of 2022. The Applicant has modified and resubmitted the project to try to address comments received during the Planning Board's Public Hearing on this earlier application which was ultimately withdrawn without prejudice. This modified project includes the parcel to the east (1272 Route 28) and would demolish all existing buildings on the three properties and construct a gasoline filling station with four dispensers, overhead canopy, a 4,000 square foot mixed -use building, landscaping, and various site improvements. The mixed -use building would still include a convenience store, coffee shop area, and drive-thru on the first floor; and tour (4) residential apartments on the second floor. Canopy dimensions are 50'x42' and include a hip style shingle roof, no signage or side illumination, and decorative stone bases on the columns. The lots currently contain multiple buildings, a convenience store and two gas pumps with canopy. For ROAD projects, the Planning Board serves as the Design Review Authority and will be holding their Public Hearing on November 16, 2022. The application is also distributed to the Design Review Committee (DRC) for their input and comments which will be provided to the Planning Board. The standard for the optional ROAD overlay district is substantial adherence to the Architectural and Site Design Standards ("Design Standards"). Summary of Presentation: Attorney Paul Tardif gave an overview of the updated modified plan which includes an adjacent parcel to give more flexibility and room along Route 28 to address neighbor concerns from the previous planning board meeting. Hal Choubah noted the amendments to meet the ROAD bylaw that included a smaller building fronting along the road, parking to the side/rear of the structure, separate residential parking area, additional open space, and wider buffers with more landscaping and irrigation around the perimeter. The applicant has worked to address the planning board, design review committee and staff comments to have an improved layout. Hal Choubah reviewed the renderings and building elevations/architecture. DRC Questions & Discussions: Sara Porter thinks it is incredibly creative and innovative to switch things around and the building looks great. Dick Martin concurred. He only noted the three curb cuts but understands the reason for that. He felt the architecture, and mixed -use were great. He noted that the applicant took into account concerns about too much being placed on one site. The addition of the third lot and shrinking of building/pumps is good. He also liked the canopy over the pumps. Mr. Martin noted the playground area is butting up to residential and may need more buffering. Confirmed that the plantings within the state layout would remain and noted that a few existing are shown as remaining. Mr. Martin noted his appreciation for listening to all comments. Mr. Martin indicated he felt there were too many red maples and would like them to be more of a mix. Sara Porter inquired who the rental units would go to. Attorney Tardif noted they are only two bedrooms so maybe couples, but no large families. Review Comments In Relation To The Design Standards As a ROAD project, the Siting and Building Strategies were reviewed for substantial adherence to the Architectural and Site Design Standards SITING STRATEGIES Sect, 1, Streetscane ❑ N/A 0 Meets Standards, or ❑ Discrepancies: The new building fronts on the street with a porch, street facing windows and street entrance. Sect. 2, Tenant Spaces 0 NIA ❑ Meets Standards, or ❑ Discrepancies: Sect. 3, Define Street Edge ❑ NIA 0 Meets Standards, or ❑ Discrepancies: The new building has been relocated closer to the street and the street edge is further defined with a wider front buffer with plantings and irrigation. S_ect._4, Shield Large Buildings 0 NIA ❑ Meets Standards, or ❑ Discrepancies: Sect. 5, Design a 2nd Story ❑ NIA 0 Meets Standards, or ❑ Discrepancies: Sect. 6 Use To o to Screen New Development 0 NIA ❑ Meets Standards, or Cl Discrepancies: Sect. 7 Landscape Buffers/Screening ❑ NIA 0 Meets Standards, or[] Discrepancies: Widerbuffers with detailed landscapingplan and irrigation have been shown in the modified design, along with an B' solid wood fence along the abutting residential zone. Recommend less red maples and more variety in tree species. Sect. 8, Parking Lot Visibility ❑ NIA 0 Meets Standards, or ❑ Discrepancies: The parking areas have been relocated to the side and rear of the new building, include two in -lot trees and provides more screening landscaped buffers. Sect. 9, Break up Large Parking Lots ❑ NIA 191 Meets Standards, or ❑ Discrepancies: The design may be considered to substantially adhere to the design standards as the parking areas have been broken up into three separate areas, the amount of pavement has been reduced to that needed for circulation, and bufferscreening has been provided. Sect. % Locate Utilities UndeLgrround 11 NIA Q Meets Standards, or ❑ Discrepancies: For substantially adherence to the Design Standards, recommend a significant reduction in footcandles under the canopy which are currently shown as high as 77.4 footcandles and reducing the footcandles to 0.05 footcandles at the property line abutting the residentially zoned properties. Sect. 11 Shield Loading Areas El NIA Q Meats Standards, or © Discrepancies: BUILDING STRATEGIES: Sect. 1 Break Down Bullding Mass Multiple Bldcts. IE NIA ❑ Meets Standards, or ❑ Discrepancies: Sect. 2, Break Down Building Mass — Sub -Masses Z NIA U Meets Standards, or 0 Discrepancies -- Sect. 3, Vary Farrade Lines ❑ NIA ❑x Meets Standards; or D Discrepancies: The design may be considered to substantially adhere to the Design Standards as the front of the building is modulated and Includes a front porch with entrance, the east elevation includes a large porch structure, and the rear facade has an angle and small modulation for the drive-thru window and upper level living space. Sect, 4, Vary Wall Heights ❑ N/A ❑x Meets Standards, or 0 Discrepancies: Sect, 5, Vary Roof Dines 0 NIA Cxl Meets Standards, or El Discrepancies: Sect. B Brin down Building Edges U NIA 0 Meets Standards, or ❑ Discrepancies: Sect._7, Vary Building Mat'is For Depth [] NIA E Meets Standards, or ©Discrepancies: Sect. S Use Traditional & Nat'l. Building Mat'Is EI NIA A Meets Standards, or © Discrepancies: Sect. 9. Incorporate Pedestrian -scaled Features D N/A 0 Meets Standards, or Q Discrepancies; Sect. 10 ]ricer orate Energy -efficient Design © NIA 0 Meets Standards, or © Discrepancies: Next step for applicant: 0 Go to Planning Board ❑ Rpturn to Design Review for Formal Review On a motion by Chris Vincent, and seconded by Sara porter, the Design Review Committee (DRC) voted (3- 0) to approve these DRC Comments as meeting minutes for the October 18, 2022 DRC meeting for the proposed modified redev'phapmenf at 1272, 1276 & 1282 Route 28 using the ROAD overlay district. Received by Applicant(s) /V /' ATTACHMENTS, October 18, 2022 Agenda • October 14, 2022 Memo from Kathy Williams and Aerial ROAD} Application 2022.2: o ROAD Application Form Project Narrative n September 20, 2022 Site Plan Review (SPR) Comments n Existing Conditions Plan: Prepared by Borderland Engineering, Inc, dated December 7, 2021 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 1S` Floor Layout • Proposed 2"d Floor Layout • Proposed Front & Left Side Building Elevations • Proposed Rear & Right Side Building Elevations ■ Canopy Elevations & Details • Architectural Renderings #1 ■ Architectural Renderings #2 TO: FROM: SUBJECT: DATE: TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 Telephone (508) 398-2231, Ext, 1277, Fax (508) 398-2365 Yarmouth Planning Board Community and Economic Development Committee (CEDC) 1272, 1276, and 1282 Route 28 ROAD Application October 12, 2022 Depailment of Commlunity Development The Yarmouth Community and Economic Committee recently met to discuss the ROAD application for the properties located at 1272, 1276 and 1282 Route 28. The committee was presented details by project proponents and voted to recommend to the Planning Board that the project presents economic benefits to the Yarmouth community. It was noted that this project will create eight additional jobs in Yarmouth, with some being full time positions with benefits. The new residential units above the commercial space also present a benefit to the town, as mixed -use projects help address community housing needs without eroding the town's commercial property stock. And finally, the additional tax revenue the town will realize from this project is estimated at an annual increase of $27,500 which presents monetary benefits for the Town. Thank you for the opportunity to comment and please let us know if you have any questions.