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HomeMy WebLinkAbout5031 212 Mid Tech Dr Attorney Memo Received 09.01.23LAW OFFICE OF JOHN W. KENNEY ATTORNEY AT LAW 1550 FALMOUTH ROAD, SUITE 12 CENTERVILLE, MASSACHUSETTS 02632 PHONE: 508-771-9300 FAX: 508-775-6029 John W. Kenney, Esquire Email: John gjwkesq.com MEMORANDUM Date: August 31, 2023 To: Steven DeYoung, Chairman, and Members of the Yarmouth Zoning Board of Appeals From: John W. Kenney, Esquire Project: Proposed New Contractor Bays Building 212 Mid Tech Drive, W. Yarmouth Owner: JD13212 Mid Tech Drive LLC CC. Mark Grylls, Building Commissioner Kathy Williams, Town Planner Dear Mr. DeYoung and Members of the Zoning Board of Appeals: Patrick R. Nickerson, Esquire Email: patrick@jwke4.com RECEIVED SEP 01 2023 YARMOUTH BOARD OF APPEALS Attached please find revised and updated drawings for the subject project for re -submittal to your board. This submission includes revised site/civil drawings from Baxter Nye Engineering & Surveying, and architectural and landscape design drawings as prepared by Catalyst Architecture/Interiors dated August 17, 2023. In response to issues raised by the ZBA at the first hearing held on July 27, 2023, the development team has reviewed all items and offers the following responses, which are incorporated within the attached drawings: The existing tree groupings and natural buffer along the Mid Tech Dr. side of the property has now been retained in its entirety except where the new entrance and exit drive is provided. The stormwater management (drainage) areas have been relocated to the two rear corners of the property at the north-east and south-east (see sheets C3.0 Site Layout and C4.0 Grading & Drainage). The extra deep parking spaces on the south side have been reduced from 40' deep to 35' deep to accommodate this relocated drainage area. The "limit of disturbance worle' at the back of the property noted is for the removal of the existing pavement only, and minimally encroaches on the 10' landscape buffer. The end result will be a rear fence line which adheres to the 10' required buffer space. 2. The existing driveway scheduled to be removed will be replanted with loam and seed to match the adjacent surfaces within the street edge buffer. (see sheets C3.0 & LA.1) 3. Four in -lot trees have been added within the parking area including at both ends of the building and within an island in the middle of the parallel parking area. 4. With the retention of the existing street edge buffer, the view of the new building will be substantially screened. Nonetheless, the building design drawings have been modified as follows to address issues raised regarding cladding type, roof pitch, and the visual length of the building: a. The originally proposed vertical metal panel siding has been replaced along the front fagade with a more traditional mix of siding materials including a horizontal clapboard siding at each end of the building with vertical "board & batten" siding at the mid -section to assist with breaking down the visual length of the building (see sheet A2.1). b. The roof material and pitch has been changed from a 3:12 low slope roof with a metal standing seam roof material, to a steeper 5:12 slope and utilization of asphalt roofing shingles (see sheet A2.1). c. The window lites within the overhead doors have been relocated from the middle of the door panels to the upper panel to incorporate more of a "transom" window type design. d. Built -out fixed awnings have been added above each unit entry door along the front facade to provide some three-dimensional relief. 5. The "Proposed Landscape Planting Plan" (sheet LA.1) has been updated to reflect the general design updates noted above to clarify the buffer trees now scheduled to remain, the new in -lot trees, and the required 10 ft. required rear yard landscape buffer. 6. The "Proposed Site Lighting Plan" (sheet SL.1) is also included with the updated site layout plan for context; however, there are no changes proposed within this submission. 7. The Condominium Master Deed has been updated by adding language clarifying that any change in use or ownership will require a new Certificate of Occupancy. 8. The Condominium Declaration of Trust has been updated to make it clear that the Trustees of the Condominium Trust are responsible for the maintenance and upkeep of all common areas. The team looks forward to presenting these updated drawings at the upcoming 9/14/23 zoning board hearing. Very ly yours, ohn W. Kenne , Esq.