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HomeMy WebLinkAboutROAD 2023-1 Application'r-i0 'A, D ?-02. 3 - j e'rx dais, E'_f_' l gr) v al ii c- For Office Use Only t' "tr • `'` g Date Received: Avl—z ---? L911[pplication Fee Received ($200 + advertising costs) lid Site plans submitte with Spplication C4-Landscape Plan ier§ign design E}Building plans & elevations t�.6ther documents submitted with application CX-Alrutter's list submitted L+$ite Plan Review Comments submitted with application Please print clearly or type APPLICATION REVITALIZATION OVERLAY ARCHITECTURAL DISTRICT (R.O.A.D.) DATE: July 6, 2023 Applicant's Information: Name Ekaterina & Family, LLC and Jay Imad, Trustee of the Cedars of Lebanon Trust Address 381 Camp Street, West Yarmouth, MA 02673 Phone c/o Paul R. Tardif, Esq. 508-362-7799 Property Owner. if not applicant: Name Same as above Address Phone Project Location: Address 1272, 1276 and 1282 Route 28, South Yarmouth, MA 02664 Map/Lot Map: 60, Parcel 130 (1272), Map 60, Parcel 131 (1276) and Map 60, Parcel 132 (1282) Project Description: See attached Narrative Briefly. explain the economic and other benefits to the town offered by this project (attach a separate document, if necessary): See attached Narrative Applicant's Signature Owner's Si Refer to the Yarmouth Zoning Bylaw for more informatiogand to the Yarmouth Architectural and Site Design_StandaWor minimum design criteria. Both documents are available at the Permits counter in Yarmouth Town Hall or on line at http://www.yarmouth.ma.us. Ekaterina & Family, LLC and Jay Imad, Trustee of the Cedars of Lebanon Trust 1272, 1276 and 1282 Route 28, South Yarmouth, MA 02664 Yarmouth Planning Board — 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 a convenience store, coffee shop, and drive-thru, and construct a separate building with 4 residential apartments on two floors. Project will combine three lots, 1272, 1276 & 1282 Route 28, South Yarmouth, which are in the B2/ 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 (116 use). The second building will contain four two -bedroom dwelling units (Al 2 use). The combination of the lots will create a conforming lot of 49,833 square feet. Building coverage is currently at 12.2%, lot coverage is 52.6% and 4 curb cuts exist on site. Building coverage will adjust to 15.9% (from 12.2%), lot coverage will increase to 63.3% (from 52.6%), rear setback will be 47.2 feet (instead of 6.8), front setback will be 10 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. Planning Board approval of the R.O.A.D. Application is a necessary prerequisite to proceeding for a R.O.A.D. Special Permit from the Yarmouth Zoning Board of Appeals. Relief for this project is listed as follows: Building front setback, section 203.5 Only 2 in lot trees, section 301.4.6 (we believe that we comply) 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), will review the plan pursuant to Bylaw Section 411.6. 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. 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. 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. Site Flan Review (SPR): Most of the comments in the attached June 6, 2023 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 in lot trees, removal of one menu board, the installation of fencing on the eastern and northern boundaries, the relocation of underground infiltration, lighting over the pumps, and building design on the residential building. 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 system in a manner which will reduce curb cuts (4 to 3), 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. C. the goals, purpose and objectives of this section 411; 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. Based on the tax rate for the Town of Yarmouth for Fiscal Year 2023 of $9.18 per thousand, and based on the estimate that the property will be valued at approximately $4,000,000.00, the total real estate taxes will be $36,720.00, an increase of $27,425.00. Even if the property will not be valued at $4 million dollars, which is what my client is spending to build this project, a valuation of $2 million would still generate real estate taxes in the amount of 18,360.00, and increase of twice what is being paid now. The location will house 2 separate businesses — the gas station/convenience store, and a Dunkin Donuts franchise. The gas station/convenience store will create 3 frill time jobs - 2 clerks and a Store Manager. These jobs will be offered with accrued Personal Time Off, as well as Sick Time as provided under the Massachusetts General Laws. The Dunkin Donuts location will create employment for up to 16 employees as clerks and a Store Manager. It is anticipated that there will be 8 part time positions and 7 full time positions. We have been advised by a representative of Dunkin Donuts that benefits will include health insurance.) E. the recommendations of the Site Plan Review team and the Community and Economic Development Committee; F. supplementary ROAD District standards: (1.) architectural styles. 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. Formal Review SITE PLAN REVIEW COMMENT SHEET Date: June 6, 2023 Map 60 Lots- 130, 131 &132 Applicant: Ekaterina & Family, LLC (Jay Mart) Location: 1272, 1276 & 1282 Route 28 Zone B-2/ROAD Persons Present: KathyWilliams Jay Gardner Jay Imad Mark Grylls Laurie Ruszala Hal Choubah Nate Whitten Matt Bearse Carl Lawson Project Summary Proposing to redevelop the property, demolish all existing buildings (8 Total) and construct a gasoline filling station with 4 fueling dispenses with steel overhead canopy & a 3,890 sq foot one story building for a convenience store with a drive thru and a separate two-story building with 3755 sq ft with 4 residential apartments. Applicant is proposing to develop the project under the Revitalization Overlay Architectural District (ROAD) bylaw (Section 411). Comments Building: Project will combine three lots, 1272, 1276 & 1282 Route 28 in the B-2 / ROAD overlay district. The existing gas station / convenience store, canopy and 5 rental units to be razed and replaced with a new canopy, and a 3890 sq. ft. building containing a drive through coffee shop (1-110 use), convenience store (H2 use) and a gas station (H6 use) The second 3755 sq. ft. structure on the property will contain four two bedroom dwelling units (Al2 use). The combination of the lots will create a conforming lot of 49,833 sq.ft. Building coverage is 15.4%. Lot Coverage is 63.30%. Structures as proposed are in the min 30' front buffer. Lighting plan indicates that the lighting directly under the canopy to be 19.8 foot candles and 0.00 at all boundaries except the front of the commercial building. 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 and side setback, section 203.5. • Three in lot trees required • Drive through buffer distance to residential zone of 100'. Section 301.8 • 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. • H6, gas station use, table 202.5. • Drive through is allowed one menu board. Relief required for second menu board • Lighting at front of commercial building exceeds maximum allowed Construction to meet all applicable sections of 780 CMR MA State Building Code & appendant codes including 521 CMR AAB, 2021 IECC. �;P Planning- The Applicant is proposing their third Revitalization Overlay Architectural District (ROAD) plan for the project and have made further modifications to their proposal, mainly to separate the residential units and residential parking from the commercial endeavors. 1. Existing Buffer Trees/Vegetation: Retain existing screening (arborvitaes) along the eastern property line and protect during construction. 2. Fencing: Clearly define the limits of the proposed PVC fencing. The Planning Board had previously required a 6' tall fence within the buffer area along the eastern property line to within 20' of the Route 28 layout, and an 8' acoustic fence along the entirety of the northern property line abutting residential properties. 3. Underground Drainage: Underground drainage is located within the front buffer area impacting the ability to plant trees over it, install the sign and appears to overlap with the fuel tanks. Relocate underground infiltration to allow for planting of two trees in the center island. Also plant a tree in the island in the residential parking area. 4. Lighting-. Applicant has lowered the lighting levels under the gas canopies as requested. However, need to modify the footcandles in front of the west end of the commercial building which exceeds that allowed at the Route 28 property line. The source of the footcandles is unclear as no lighting is shown along this end of the building. 5. Loading Area: Loading area location would require deliveries to be wheeled across traffic lanes and is insufficient length for a tractor trailer truck. 6. Underground utilities: Provide underground electrical service to the residential building from the street and eliminate of light pole and overhead wires. 7. Stormwater: Based on the grading and planting plans, it appears that the entire site will be disturbed which is over 1-acre of disturbance and would require a stormwater management permit from the Conservation Commission. 8. Pumps: Nothing should be located on the pumps that include speakers of any kind (no talking videos). 9. Commercial Building: Overall the commercial building looks good from Route 28 and the parking area with a variety of architectural elements. The porch limits on the floor plan and on the architectural elevations should match (floor plan porch is smaller). The roof height in Proposed C-Store Rear Elevation should be shown higher to match the rest of the elevations. The left side and rear side elevations show a lot of blank roof expanse. 10. Residential Building: Overall the residential building looks good with a variety of architectural elements, except the covers over egress doors need further refinement and posts appear disproportionately small. Confirm with Building Commissioner that these egress door covers and stoops can be located within the 25' side yard setback, 11. Refer to Building Dept comments for zoning relief. Conservation: No Conservation Jurisdiction. If total land disturbance is greater than 1 acre, a stormwater management permit is required. Design Review: As a ROAD project, the Design Review Committee and Planning Board will be conducting the Design Review once the ROAD application has been submitted. Engineering_ Consider the following comments: • Coordinate address upon combination of the lots. • As noted under Building's comments, the three lots yield 49,833 sq ft and the submitted application is 40160 sq ft. Confirm where the 9,673 sq ft of no disturbance is occurring. As noted under Conservation, if land disturbance is over 43,560 sq ft, then a stormwater management permit is required. If not applicable, 41Pcoordinate a review from Engineering department. • Provide calculations demonstrating that the deadman anchors below the fuel tanks can resist full uplift during periods when the tanks are empty. . • Proposed landscaping overlies a portion of the stormwater and Title V leaching fields Confirm that roots from trees/plantings will not obstruct leaching. • As needed, remove loamy sancV beneath the stormtech if found similar to the TP-6 to reach the medium sand layer. AA Fire: Self service station per MGL 148, 527 CMR 1 Ch. 42 Apartment building as per MGL 148 sec 26i, lock box needed for residence and recommended for service station. Site Access as per 527 CMR 1 Ch 18. DFS advisory for self-service fueling stations dated 12/15/2022. lealth: Engineered Title 5 plans required for septic 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 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 the retail floor. Waste oil must be accepted for proper disposal from customers who purchased new motor oil as required by State Regulation. Water: n Remove hydrant from fire lines. l \" Consider accommodations for sewer. Water line in street will be replaced as part of the sewer project.