HomeMy WebLinkAbout5009 473 and 479 Station Ave Decision Recorded 05.26.23Bk 35807 Pg139 ##20882
05-26-2023 @ 10:27a
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
-Petition #: 5009 Date: May 11, 2023
Certificate of Granting- of a Variance
(0eneral Laws Cbapter40A, Section 1 1)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
Colbea Enterprises, L.L.C.
Affecting the rights of the owner with respect to land or buildings at: 473, 479, and 487 (portion) Station Avenue,
Soutb Yarmouth, MA; Map & Parcels: 97, 1, 2 and a portion of 3; Zoning District: B1 & APD & ROAD; Title:
Book 35614, Page 135; Book 35580, Page 118 and the said Board of Appeals further certifies that the decision
attached hereto is a true and correct copy of its decision granting said Variance, 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, l 1 (last paragraph) and Section 13, provides that no Variance, or any extension, modification or
renewal thereof, shall take effect until a copy of (he decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after (lie decision has been filed in the off" of (lie 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 (he county and district in which the land is located and indexed in the grantor index under
the natne 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.
Sean Igoe, Clnalrirzan "--
TIRUC COPY ATTEST.
GU, 1 IC:VVy G L L M
MAY 1 1 2023
Bk 35807 Pg1.40 #20882
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
-PETITIONER:
PROPERTY"ONVNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 20, 2023
5009
April 13, 2023
Colbea Enterprises, L.L.C.
Sandy Island LLC
473, 479, and 487 (portion) Station Avenue,
South Yarmouth, MA
Map & Parcels: 97, 1, 2 and a portion of 3
Zoning District: BI & APD & ROAD
Title: Book 35614, Page 135; Book 35580, Page 118
MEMBERS PRESENT AND VOTING: Chalruiau Sean Igoe, Richard Martin, Jay Fraprle, and
Doug Campbell
Notice of the ]searing was give» 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 Cape Cod Times. The heating opened and was held on the date stated above.
The Petitioner, Colbea Enterprises, L.L.C., is the tenant at the Property. The Petitioner is seeking
Variance relief to install freestanding and attached building and structure signage [collectively
"Proposal"] in connection with the previously -approved Shell Stntiotr/Seasons Corner Market with co -
brand business development at the Property.
The Properly is located in the B I Commercial Zoning District, the Aquifer Protection Overlay District,
and the ROAD Overlay District.
The Petitioner worked With Building Corrunissioner as Zoning Enforcement Officer to determine wluch
portions of the proposed sign package at the Property require relief. Specifically, the Petitioner is
requesting a Variance front Section 303 of the Yannouth Zoning By -Law f"Zoning By -Law"] in
accordance with Section 102.2.2 of the Zoning By-La%v and M.G.L. Chapter 40A, Section 10, in order to
install the following signs per the submitted plans and materials:
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MAY 1 12023
Bk 35807 Pg3.41 R20882
1. Section 303.5.4.1 — freestanding sign -- face area square footage (24 sq. ft. rrrax allowed, 32 sq. El.
proposed);
2. Section 303.5.5.2 — attached building signs -- height for Seasons and Co -Brand (2 ft. allowed, 3.0
11, atttl 2.5 fl. proposed) and total number (two allowed, ilrree proposed including Seasons, Corner
Market, and Co -Brand);
3. Section 3035.5.2 — attached structure signs -- height for canopy pectens (2 ft. allowed, 3.0 A.
proposed);
4. Section 303.5.5.2 — atlached structure signs — EV charging stations (2x) and direct ional posts;
5. Section 303.5.5.2 — valences above dispensers; and
6. Section 303.3.4 — video screens on pumps.
Directional signage for the Property was previously approved by the Board (Petition No. 4801).
The Petitioner was represented by Attorney Andrew Singer; Andrew Delli Carpini, owner of Colbea
Enterprises, L.L.C.; and Michael Gazdacko, of Colbea Enterprises, L.L.C.
Dr. Wan'en Woods, an abutter to the west, submitted an email in opposition to the Petition.
The Board opened and closed the hearing on the Proposal on April 13, 2023.
The Petitioner submitted the following materials in cortnection with the Petition:
1. Application and Narrative Memorandum, prepared by Law Office of SuIger & Singer, LLC;
2. Summary of Reasoning, prepared by Law Office of Singer & Singer, LLC;
3. Site and Sign Plans, prepared by HFA, Ltd., as follows: Sheet SG-1, dated 12/05/22, last rev.
02/09/23; Sheet SG-2, dated 07/08/22, last rev. 02/09/23; Sheet SG-3, dated 02/08/22, rev.
02109/23; and Building Elevation Sheet, daled August 23, 2022;
4. Photograph of similar monument sign from another of the Petitioner's properties; and
5. Photographs (4) of the existing Shell 446 Station Avenue location at night.
At the hearing, the Board received additional exhibits: photographs (6) of the existing signage for other
businesses in the area.
The Board is authorized to grant variances where the Board finds that a literal enforcement of the Zoning
By -Law would involve substantial financial or practical hardship to the Petitioner, that Ilic hardship is
owing to circumstances relating to the soil conditions, shape or topography of such land or structures and
especially affecting such land or structures, but not affecting generally the zoning district, and desirable
relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning By -Law.
The Board has granted Special Permit and Variance relief (Petition Nos. 4801 and 4802) to authorize a
development/redevelopment proposal that includes closing, deconuttissioning, a - s�t'i.rl }UYAiTEST:
t� 1 t_:N,C / FOWN CLERK
MAY i I n2,3
Bk 35807 Pg142 420882
outdated, active, nearby fuel service station properties (Shell and Sunoco) and replacement with the new
state -of -art fuel service station (Shell) and convenience store (Seasons Corner Market) with co -brand on
the Property. The overall project will result in significant environmental protection and improvement
within the Aquifer Prutection District (APD) by reducing the threat of negative impact to the aquifer,
decreasing the current numbers of both fuel service stations and gallons of fuel stored, eliminating (wo
sites with pre-existing nonconforming hazardous materials rose and replacing them with one relocated site
that wilt improve containment and usage at the new Property.
The Board discussed the relief requested and asked questions of the Petitioner. Concerns were raised
about the total amount of signage and the sizes of the freestanding EV Charging sign and the freestanding
monument sign. There was further discussion about the valences and video screens on file pumps, as well
as about the paint color on the canopy and the pricing information on the monument sign. The nienu sign
is conforming and not pail of the proposal. There were also questions about what is to become of the
existing, to -be -closed, 446 Station Avenue Sltell Station and the buffer trees oft the Properly.
There was lengthy discussion about the hardship criteria for the Variance. The abutting Cape Cod Rail
Trail bridge and bridge abutment block visibility of the site for those traveling north on Station Avenue.
In addition, (lie approved driveway configuration consists of a two-way driveway (for left turns iilo and
out of lire middle turning lane) at the south end of the Property closest to the bridge abutment and also a
right-iii-right-out driveway at the north end of (he site. Mr. Delli Carpini expressed reservations about
safely if the sighs are not sufficient due to the site Imitations to inform customers traveling on the
roadway that the driveways are approaching. It is a balancing act between communicating to customers to
limit them taking their eyes off the road vs. having too nutch signage. There was also discussion about
identification on the canopy and the building to be located more than 120 feet back from the road.
After further discussion about tine amount of signage requested in light of the safety concern, the
Petitioner proposed to eliminate so much of the petition as requested the two peclens (Shell logos) on the
canopy, the freestanding EV Charging sign directing toward the two EV charging stations, and the
attached "Corner Market" sign on the building fagade.
Based on tine testimony and discussion and the Petitioner's agreement to reduce the request as above -
detailed, the Board determined (hat a lilerah enforcement of (he Zoning By -Law in this instance will result
in a substantial practical and economic hardship to the Petitioner and conunurity and that this hardship is
owing to unique circumstances relating to the abutting Cape Cod Rail Trail bridge and bridge abutmetit,
[tie driveway configuiation along Station Avenue, and tine fact that tine building will be set back more than
120 ft. from Station Avenue. In such a situation, having appropriately sized signage is important, not only
for aesthetic reasons, but also in order to safely and adequately inform the traveling public not only where
the business is located, but also how to best access file Properly.
Further, the requested sign relief can be granted without causing any substantial detriment to the public
good and without a substantial derogation from the overall intent of tine Zoning By -Law because:
1. The sign package as to be modified herein, like the development itself, has been designed and is
intended to complement the BI Corrunercial District along Station Avenue and augment overall
neighborhood aesthetics, safety, and operational Flows;
2. The proposed building signs are compatible with Elie architecture and size of the building and are
visually and aesthetically beneficial to the site and will not be detrimental to nor derogate from
the architectural and natural selling;
3. The monument sign (32 sq. fi.) will be similar in size with the pole -base s' � � '�4Ti I;ST
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Shell that is being removed (30.56 sq. fl.), but 6.5 fl, shorter ill height (current regulations
aulhorize 24 sq. ft. and 12 ft. in height);
4. The proposed valences above the dispensers are similar to the same being relocated from across
the street at the existing Shell Station. The requested video screens oil the pumps will be oriented
perpendicular to and not parallel with the street;
5. The proposal will not create any nuisance, hazard of congestion to vehicular: or:pedestrian traffic
nor harm to public safety, welfare, comfort or convenience of the community. To the contrary,
the proposal will assist in providing improved identification, safety, and efficiency at the Properly
given the site conditions; and
6. There will be no negative change in ariifrcial light, noise, litler, and odor_
The Board took the following votes on the Proposal:
. Upon a request by the Petitioner to withdraw without prejudice so much of the Pelilion as
requested a) two pectens (Shell logos) on the canopy, b) the freestanding EV Charging sign, and
c) the attached "Corner Market" sign on the building facade, Jay Fraprie made a motion to allow
such withdrawal without prejudice, seconded by Mr. Martin, and such motion teas approved in a
roll -call vote four (4) in favor and none (0) opposed; and
2. Mr. Fraprie made a motion, seconded by Mr. Martin, to grant the remaining Variance relief as
requested and shown on the submiUed plans based on the Findings herein, and such motion was
approved in a roll -call vote four (4) in favor and none (0) opposed.
No pernit shall issue until 20 days from the tiling of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from
this decision shall be made pursuant to MGL c40A section 17 and roust be filed within 20 days after filing
of this noliceldecision with the Town Clerk. Urdesx otherwise provided herein, Special Permits shall lapse
if a substantial use thereof has not begun within 24 months (see bylaw, MGL c40A §9), and Variances
shalt lapse if not exercise ayithin 12 months (see bylaw, MGL c40A § 10).
�� YJ
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
1, Mary A. Masiowski, Town Clerk, Town of Yanrtouth, do hereby certify that 20 dai's have
elapsed since the filing with me of the above Board of Appeals Decision #5009 that no notice of
appeal of said decision has been filed with rne, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski
MAY i 12023
RUE C PY ATTEST;
RREC£IVED & RECORD l'E ECTRONICALLYS