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HomeMy WebLinkAbout107 Decision 06-29-2011rr- FILRZ� TOWN OF YARMOUTH PLANNING BOARD DECISION FILED WITH TOWN CLERK: March 24, 2010 PETITION: #107 HEARING DATE: June 15, 2011, (continued to June 29, 2011) PETITIONER: Marmaris Corporation, Thomas and Mary E. Ardan, DBA Windrift Motel PROPERTY: 115 Route 28, West Yarmouth, MA 02673 Assessor's Map 37, Lots 78.1 and 15.1, Zoning District B2 & Hotel Motel Overlay District 1 (HMOD1) MEMBERS PRESENT AND VOTING: Kenneth Driscoll, Thomas DiPersio, Brad Goodwin, Norman Weare and Thomas Roche. Notice of the hearing having been given by sending notice thereof to the petitioner and to all those owners of property, as required by law, and notice of the hearing to the public having been given by posting said notice with the Town Clerk and by publishing in The Register newspaper, the hearing was opened and held on the dates stated above. PROJECT SUMMARY: The subject locus consists of 2 lots, one consisting of 2.01± acres (lot 78.1) and one of 0.67± acres (lot 15.1) for a total of 2.68± acres. The site is the location of an existing motel with a total of 11 buildings and structures, containing 37 motel units. The site is located in the B2 Commercial Zoning District and within the Hotel Motel Overlay District 1 (HMOD1). The applicants propose to raze and replace some existing cottage buildings and to improve and upgrade the other existing motel buildings and the landscape to meet the requirements of Zoning Bylaw section 404, Motels. By doing so, the applicants would create a mixed -use property containing both motel units and residential units on the property. The future redevelopment is proposed to take place in 2 phases. Initially, the applicants would raze 7 existing cottage motel units located in 5 buildings on the west side of the property and replace them with 5 new buildings containing 7 full-time residential units. Later, the applicants propose redevelopment of the other existing buildings on the site, as well as the lots themselves, to meet the criteria outlined in the Yarmouth Architectural & Site Design Standards, which are mandatory standards for all new motels and motel redevelopments in the HMOD1. Planning Board Decision, Petition #107, June 29, 2011 Page 2 of 6 PLANS SUBMITTED: 15 sheets were submitted and are part of this decision. 4 Site plans were submitted. Submitted Plan 1: A cottage plan entitled "COTTAGE RECONSTRUCTION UNITS #1 - #7 SITE PLAN LAYOUT WINDRIFT VILLAGE #115 ROUTE 28 IN WEST YARMOUTH, MA PREPARED FOR ARDAN BUILDING SERVICES", scale 1"=30% by Daniel A. Ojala, PLS, PE, of Down Cape Engineering, dated April 18, 2011, revised May 4, 2011 "(PER DESIGN REVIEW COMMENTS)" and May 12, 2011 "(ADDED TREE & PARKING CALC'S)", and; Submitted Plan 2: A cottage plan entitled "COTTAGE RECONSTRUCTION UNITS #1 - #7 SITE PLAN UTILITIES WINDRIFT VILLAGE #115 ROUTE 28 IN WEST YARMOUTH, MA PREPARED FOR ARDAN BUILDING SERVICES", scale 1"=30', by Daniel A. Ojala, PLS, PE, of Down Cape Engineering, dated April 18, 2011, revised May 4, 2011 "(PER DESIGN REVIEW COMMENTS)" and May 12, 2011 "(ADDED TREE & PARKING CALC'S)", and; Submitted Plan 3: A cottage plan entitled "COTTAGE RECONSTRUCTION UNITS #1 - #7 SITE PLAN LANDSCAPE PLAN WINDRIFT VILLAGE #29 Baxter Ave/#115 ROUTE 28 IN WEST YARMOUTH, MA PREPARED FOR ARDAN BUILDING SERVICES", scale 1 "=30', by Daniel A. Ojala, PLS, PE, of Down Cape Engineering, dated April 18, 2011, revised May 4, 2011 "(PER DESIGN REVIEW COMMENTS)" and May 12, 2011 "(ADDED TREE & PARKING CALC'S)", and; Submitted Plan 4: A plan entitled "EXISTING CONDITIONS SITE PLAN WINDRIFT VILLAGE #29 BAXTER AVE./#115 ROUTE 28 IN WEST YARMOUTH, MA, PREPARED FOR ARDAN BUILDING SERVICES", scale 1 "=30', by Daniel A. Ojala, PLS, PE, of Down Cape Engineering, dated January 7, 2007 and revised February 22, 2007, March 26, 2007, and June 19, 2007. 10 building elevation plans were submitted. Submitted Plans 5 — 11: 7 building elevation plans are entitled "UNIT #1"; "UNIT #2"; "UNIT #3"; "UNIT #4"; "UNIT #5"; "UNIT #6" and; "UNIT #7". All 7 elevation plans are further labeled: "PROJECT: WINDRIFT VILLAGE LOCATION: #29 Baxter Ave/#115 Route 28 West Yarmouth, MA" and "Plan #1845". The plans are all dated "Preliminary Designs 1/25/11". All 7 plans are scaled Y4"=1 '-0". Submitted Plan 12: A building elevation plan entitled: "PROJECT: Motel Renovations for: THE WINDRIFT HOTEL LOCATION: #29 Baxter Ave/#115 Route 28 West Yarmouth, MA" and "Plan #1845A" and "DRAWING TYPE: Existing Elevation". The plan is dated "Preliminary Designs 3/23/11" and "Revised Designs 4.12.11". No scale is shown. "SHEET NUMBER: A502". Submitted Plan 13: A building elevation plan entitled: "PROJECT: Motel Renovations for: THE WINDRIFT HOTEL LOCATION: #29 Baxter Ave/#115 Route 28 West Yarmouth, MA" and "Plan #1845A" and dated "Preliminary Designs 1/23/11" and "Revised Designs 4/12/11". No scale is shown. No sheet number is shown. Submitted Plan 14: A building elevation plan is entitled: PROJECT: Motel Renovations for: THE WINDRIFT HOTEL LOCATION: #29 Baxter Ave/#115 Route 28 West Yarmouth, MA" and "Plan #1845A". Planning Board Decision, Petition #107, June 29, 2011 Page 3 of 6 The plan is dated "Preliminary Designs 1/23/11" and "Revised Designs 4/12/11". Scale'/a" "SHEET NUMBER: A500" All 10 submitted building elevation plans are by Kenneth Sadler, Jr. of KSA Design S.A., P.O. Box 1149, Hyannis, MA 02601. DISCUSSION: Chairman Roche opened the June 15, 2011 public hearing at 5:37 p.m., describing the application and referencing the required abutter notification the required legal advertisement. Reading of the legal ad was waived. No correspondence had been received or written comments submitted regarding the proposed project. No members of the public were present to ask questions or offer comments. Ms Mary Ardan and Mr. Thomas Ardan, the petitioners, came forward to present their plans and request for a Special Permit from the Planning Board, as authorized by Zoning Bylaw section 404.1.3, which makes the Planning Board the Special Permit Granting Authority to address the petitioner's requests for relief from the provisions of section 404. In particular, the Special Permit was required in order to redevelop the project in phases. Mr. Ardan described his plan to initially raze and replace the 5 existing cottages, get an occupancy permit for the 7 dwelling units within them, then, at a later time, follow up with improvements to the remainder of the motel and property. It was established that 2 of the cottage dwelling units would be set aside for affordable housing purposes (as required by Bylaw section 404). Chairman Roche then went to Planning Board member for questions and comments. Mr. Goodwin noted that project phasing was what triggered the need for a Special Permit. This has never been done before. Mr. Goodwin asked for a project time -frame. Mr. Ardan stated that in reality the entire project would be undertaken at the same time, but he wanted to be able to secure occupancy permits for the new cottage units and rent them before the "front" or remaining portion of the motel renovation was complete. This would reduce the revenue loss from the construction. Ms Ardan anticipated that the entire project, including the cottages and the motel, would take 9 months to 1 year to complete. Mr. Ardan stated that construction would take place in the winter, but would rely on the weather. Mr. Goodwin noted that while the actual work take 9 months to 1 year total time, the project would take about 16 to 18 months. Mr. Weare had no questions or comments. Mr. DiPersio reviewed phasing and asked staff whether there was enough information presented/provided for the phase after the cottages replacement. Ms Greene felt that any possible approval should fully reference the plans presented, that those plans be part of the decision and recorded at the Registry of Deeds and kept on file with the town. Ms Ardan noted that as time progresses, if they could make more improvements to the motel it would come back to the Planning Board for review as a revision to a Special Permit. It is their intent to upgrade the motel more as they go forward, but additional improvements would be cost driven. Mr. DiPersio asked whether they would operate normally and open Planning Board Decision, Petition #107, June 29, 2011 Page 4 of 6 for the summer season, to which Ms Ardan replied in the affirmative, however, they are not open year'round any longer. Mr. DiPersio noted that the applicants came through Design Review and directed Board members' attention to comment sheets in their packets. He reported that the Design Review Committee, the Design Review Authority for the project, was satisfied that the proposed building changes met the Yarmouth Architectural & Site Design Standards. Mr. Driscoll stated that he had viewed the existing buildings and approved of the new plans. He asked when construction would begin. Mr. Ardan stated that they hoped to start after the Columbus Day weekend. Ms Ardan stated that they still had to wait for the State's Department of Housing and Community Development (DHCD) to come back with their decision regarding the affordable housing component of the project. Mr. Roche asked what the Ardans proposed as a time -frame to raze & replace the 5 cottages, if started in the fall. Mr. Ardan replied that to be safe, he guessed at 1 year. Mr. Roche stated that the time line needed to be fixed and approval would be contingent on a firm start date. Ms Ardan stated that they wanted it up and running "ASAP". While they had hoped to start in April or May, the process required that they put the start date off. A new septic system was required first. Mr. Roche suggested that any project approval would require a fall start date in order to establish a time frame for completion. Mr. DiPersio asked whether the applicants had lined up a contractor. Mr. Ardan replied that they had not. Ms Ardan noted that Mr. Ardan would be doing the work. Mr. Ardan then stated that his portion of the work — framing and building the units, would not take too long. Other aspects of the work, such as the septic system installation, would take longer. Mr. DiPersio noted that the 1 year construction time -frame would take the applicants through the next business season. He felt that they should find a plan that would get the cottage units ready for next season. Mr. Ardan stated that he had not yet met with a septic system installer about a new system. Chairman Roche asked for comments from staff. Ms Greene stated that a time line for completion might start with the issuance of a demolition permit. She also stated that the Board should also take into account DHCD approval of the project's affordable housing element. Some flexibility might be factored into any approval for that variable. There is not time -table for that review. Mr. Roche noted that there was no members of the public were present. Mr. Goodwin asked the applicants whether they had heard from their neighbors about the project. Ms Ardan replied that she had spoken with one who had wished the applicants good luck. Planning Board Decision, Petition #107, June 29, 2011 Page 5 of 6 Mr. Roche asked the Board for direction relative to the time -frame for project completion. Mr. DiPersio asked Ms Greene whether a building permit could be issued before DHCD approval. Ms Greene stated that she felt that a building permit could be issued in advance of that decision and that a certificate of occupancy permit might be held up until the town had what it needed from DHCD. FINDINGS: The Board has reviewed the applicants' proposed phased development plans with respect to the general Special Permit granting criteria set forth in Zoning Bylaw section 103.2.2 and finds that no undue nuisance, hazard, or congestion will be created by the granting of the requested Special Permit for phased motel redevelopment and there will be no harm to the established or future character of the neighborhood or town. In addition, the Board finds that the project meets the goals and purposes of the HMOD1, as outlined in Bylaw section 404.1.1. Planning Board members and staff discussed the significance of the Board's approach to this first request for relief pursuant to Bylaw Section 404 regarding the precedence of permitting a variation from the Bylaw as requested by the Petitioner for phased construction. However, the Board is comfortable with the relief given by this Decision for this property due to its current motel configuration, the proposed configuration and the uniqueness of site layout and location. The Board is currently unaware of any similar property to which this section of the Zoning Bylaw motel project phasing would apply. The Board acknowledges that all cases are decided on their own specific facts, and granting the relief outlined in this Decision does not assure future applicants of similar outcomes. For these reasons and on a motion made by Mr. Goodwin and seconded by Mr. DiPersio, the Board voted unanimously to grant the applicant relief to allow phased redevelopment with conditions, as follows: RELIEF GRANTED FROM SECTIONS 404.1.3 AND 404.1.6 AND THE CONDITIONS FOR APPROVAL: The requested relief from section 404.1.3 and section 404.1.6 to allow phased construction of a motel redevelopment project, as shown on the submitted plans, is granted with the conditions that: 1. Redevelopment will be in accordance with the presented plans; 2. The applicants adhere to the guidelines outlined by the Design Review Committee; 3. Construction of the proposed 7 units in 5 cottages (Phase 1) and the construction of the new septic system must be completed within one year. The year will begin with the issuance of a demolition permit. 4. Occupancy Permits for units 3 and 5, being the smallest market rate units, will be withheld until the applicants return to the Planning Board to present their final completed redevelopment plans for the remainder of the motel property (Phase 2). JUL 05 2011 TOWN OF YARMOU Y DEPT DNI: 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Telephone (508) 398-2231 Ext. 275, Fax (508) 398-2365 TTD# (508) 398-2231 TO: Jjim Brandolini Building Commissioner Bruce Murphy, Director of Health Rick DeMello, Town Engineer Steve DeYoung, Chairman, Board of Appeals FROM: Mary Waygan Administrative Assistant SUBJECT: Petition #107 Marmaris Corporation D/B/A Windrift Motel 115 Route 28, West Yarmouth, MA DATE: July 1, 2011 CC: Karen M. Greene, Director of Community Development Attached please find the Planning Board Decision on the above reference petition.