HomeMy WebLinkAbout2023-1 ROAD Approval 083023 TCTOWN OF YARMOUTH
1146 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
August 30, 2023
Town Clerk
Town of Yarmouth, Massachusetts
ti C .5 RE
Planning
Board
RE: Planning Board R.O.A.D. Reference No. 2023-1
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
August 16, 2023, the Board voted as follows:
On a motion by Jim Saben and seconded by Joanne Crowley, and amended by Chris Vincent
and seconded by Joanne Crowley, the Planning Board voted (4-1) to approve ROAD
Application 2023-1 as presented with the following conditions, with Chris Vincent, Joanne
Crowley, Ken Smith, and Jim Saben voting in favor, and Susan Brita voting against:
1. The 8' acoustical fence shall have an STC (sound transmission class) rating of 26.
2. Maximum 60 decibel reading 4' from the order speaker.
The plans and the application for the requested action were filed with your office on July 10, 2023.
PLANS SUBMITTED AND MADE PART OF THIS APPROVAL:
The development plans consist of the following:
1. Colored Renderings of Building Elevations facing Route 28
2. Site Plans: All plans prepared by Choubah Engineering Group, dated June 20, 2023,
unless otherwise noted:
■ Cover Sheet
■ Demolition and Erosion & Sediment Control Plan
■ Erosion Control Details & Notes
■ Site Layout & Fuel Truck Access Plan
■ Grading & Drainage Plan — Revised 8/11/23
Form R-1, Ref. 2023-1
Page 2 of 3
■ Utility Plan
■ 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 plans prepared by Choubah Engineering Group, dated June 20, 2023:
■ Proposed Convenience Store Building Floor Layout
■ Proposed Convenience Store Building Elevations
■ Revised Proposed C-Store Left Side Elevation, revised 8/16/23
■ Proposed Residential Building Floor Layout
■ Proposed Residential Building Elevations
■ Canopy Elevations & Details
4. Existing Conditions Plan: Prepared by Borderland Engineering, Inc, dated December 7, 2021
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 (4) dispensers and overhead canopy, a 3,890 square foot (sf) convenience store with coffee
shop and drive-thru, a separate 3,755 sf two-story building with four (4) residential units, and
associated site improvements including parking, traffic circulation, pedestrian walkways, site
lighting, various utilities and landscaping. The Applicant may also include a small office/storage
area of approximately 600 sf on the second floor of the convenience store.
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. Al 2, multifamily use, table 202.5 and Section 411 (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
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 recommended by the Community &
Economic Development Committee.
2. 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.
3. Improves the aesthetics of the buildings using traditional looking building materials and
muted colors.
VARHL £U a a H T � W N C L EK-
Form R-1, Ref. 2023-1
Page 3 of 3
4. Improves the buffering along the public way with wider buffers, additional landscaping, and
fewer curb cuts, and provides for enhanced landscape buffers along abutting properties.
5. Provides fire access, internal circulation/egress, pedestrian access, and bike racks.
6. The residential building will have a sprinkler system for fire protection.
7. Utilities and drainage provide functional service for the site and structures.
8. Property does not impact wetlands, floodplains, or drinking water recharge areas.
9. 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:
o nne Crowley, Chair
Yarmouth Planning Board
Duplicate copy sent to applicant
Duplicate entered into project file
Duplicate sent to Board of Appeals
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