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HomeMy WebLinkAbout118 PB Special Permit Decision TC 080923 RECORDEDFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER/OWNER: Bk 35982 Pg262 #36158 09-13-2023 @ 02:44p TOWN OF YARMOUTH PLANNING BOARD DECISION August 9, 2023 Special Permit 118 .July 19, 2023, continued to August 2, 2023 RJ Resorts Beach Resort Owner LLC PROPERTY: 28 South Shore Drive, South Yarmouth MA Assessor Map 19, Parcel 20.1 Zoning District: HMOD2 Title: Book 34635, Page 11 MEMBERS PRESENT AND VOTING: Chair Joanne Crowley, Susan Brita, Chris Vincent, Peter Slovak, and Ken Srnith (Chris Vincent and Peter Slovak both provided proper certification that they reviewed the video recording of the July 19, 2023 hearing which they missed and are therefore eligible to vote pursuant to M.G.L. Ch. 39, Section 23D.) Notice of the hearing has been given 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 Coif Trines, the bearing opened and held on the dates stated above. PROJECT SUMMARY: The Owner/Applicant, RJ Resorts Beach Resort Owner, LLC, seeks to redevelop a portion of their hotel property at 28 South Shore Drive using Zoning Bylaw Section 404.2 — Hotel/Motel Overlay District 2 (HMOD2). The Applicant is proposing to replace the existing outdoor pool and deck area with a reconfigured larger pool, spa, deck, cabanas and fencing; replace the existing temporary bar tent structure with a new permanent open-air pavilion and trellised area with bar, seating and fireplace; enlarge the existing interior pump room; add two unisex resh-ooms within the existing building with exterior doors; install one exterior shower; upgrade landscape plantings in pool area, the adjacent event lawn, at the Resort entrance and at the existing porte-cochere/lobby entrance, add trees in the existing parking lot islands, augment shrubs in the northern buffer area, and replace existing landscape plantings with native plantings for enviroru»ental mitigation; add two new crosswalks; update handicapped rooms within the hotel, and redesign/upgrade existing required handicapped parking spaces and accessible routes. The Applicant sought Design Review Approval for the proposed project from the Plaruvng Board who serves as the Design Review Authority for HMOD2 projects. In accordance with Zoning Bylaw Section 404.2, development and redevelopment of buildings and sites are subject to the provisions of the Yarmouth Architectural and Site Design Standards (Design Standards), which are applied to the entire site including landscape, parking, lighting, signs, buffers and all existing and new buildings and structure on the site. As it was apparent that the existing site and buildings would not meet all the Design Standards, the Applicant submitted, concurrent with the Design Review application, a Special Permit application seeking relief from Section 404.2.6 for the existing site conditions and existing buildings which do not comply with the Yarmouth Axchitectirral and Site Design Standards. The public hearing for the Design Review and the Special Permit were held concurrently, with the Planning Board deliberating and voting on Design Review first. The Planning Board voted to Approve the proposed improvements as shown in the submitted plans as having met the provisions of thAYMAA) Q9`itATiuT$ST: 3 � /Z�3 H CLEf?K Bk 35982 Pg263 436158 Yarmouth Planning Board Decision, Petition # 118 Page 2 of 3 & Site Design Standards, and to deny Design Review Approval of (fie existing remaining elements which do not meet all the Design Standards and require relief from the Planning Board via a Special Permit. PLANS AND OTHER INFORMATION MADE PART OF THIS DECISION: I. Pla►uuug Board Design Review Comment Sheet for RJ Resorts Beach Resort Owner, LLC, Public Hearing date July 19, 2023, continued to August 2, 2023. 2. Planning Board Presentation Plan Set (23 sheets), updated with renderings and design/plant imagery (7 sheets), prepared by WATG and dated July 19, 2023. 3. Revised Stone Fireplace Plans (3 sheets) prepared by WATG, dated July 26, 2023. DISCUSSION: Attomey Marian Rose of Singer & Singer, John Bologna of Coastal Engineering, Lance Walker of WATG, and Hollie Handrahan, Red Jacket Beach Resort Manager, represented the Owner/Applicant. Over (lie course of (lie two meetings, Ms. Rose gave a presentation of the project as shown in the updated application materials, highlighting the coordination with the abutting Gateway Isles community, buffer and parking lot improvements, conservation commission approval and the desire to construct the improvement during the upcoming off-season. She outlined the proposed change to the fireplace chimney from brick to a softer stone veneer. Based on a comment from Ken Smith at the July 19" meeting, John Bologna of Coastal Engineering conducted a subsequent site visit with Mr. Smith, who identified the probable locations of subsurface drainage and septic leaching fields in the vicinity of (lie proposed pool improvements. The subsurface drainage in (lie area of tine Pavilion can be relocated and will not impact the location of the Pavilion. However, the existing septic leaching field located north of the existing pool area needs to remain and will require some reconfiguration and relocation of the proposed pool further to the south and possible elimination of a row of cabanas or other pool deck amenities to ensure the proper separations between the existing leach field and the new pool. All the work would be contained within the "U" shape of the building and would not change the construction footprint, materials, or intent of the project. Public comments were received at the July 19, 2023 hearing from Elizabeth Tyniinski and Michael Kelley who inquired about specific contact info►matiou and how South Shore Drive will be impacted during constriction. Marian Rose indicated she was the contact and noted there would be increased traffic during construction starting in October and proceeding to Memorial Day with hours of construction limited to generally between 7:30AM-5PM. One written continent was received, an August 1, 2023 support letter fi-om Richard Pornroy, President of the Gateway Isles Homeowner's Association (HOA) which was reviewed at the August 2"d meeting. The letter noted the coordination with the Applicant to retain their access easement, work towards a solution regarding the access gate and modified trash pickup schedule, and correct the flood lights illuminating their neighborhood for which a condition has been agreed to by the Applicant and HOA. The project was also reviewed by the Site Plan Review Team on March 21, 2023 and the Design Review Committee on June 13, 2023 with these comments included in the application packet. The Pla►ming Board members had general questions and comments related to the use of the green space, desire to create a year-round destination, desire to camouflage the existing fencing with buffer plantings, concerns about potential conflicts with subsurface utilities, need for irrigation for new plantings, clarification on the limits of (lie work and potential to recycle or reuse any removed materials. Overall, the Board members felt the project was a vast improvement and nicely done. The Board reviewed the three conditions contained in the July 27, 2023 Memo from the Town Planner and also discussed the addition of a condition to address the unexpected issue related to the existing leach field located north of the pool which will require some modifications to the pool location and pool deck area. FINDINGS: The Plaiuung Board may give relief through a Special Permit per Section 404.2.3 of the Zo►ung Bylaw. The Board reviewed the submitted plans, materials and testimony with respect to the general criteria set forth in Bylaw Section 103.2.2 and finds that no undue nuisance, hazard, or congestion will be created by the granting of the requested Special Pennit and that therA�6€►d ivi I—ff0ablished or future Bk 35982 Pg264 #36158 Yarmouth Planning Board Decision, Petition #118 Page 3 of 3 character of the neighborhood or town. The Planning Board reached this determination based on the following findings: • Bringing the entire site and buildings into frill compliance with the Architectural & Site Design Standards would be a significant and costly project. This incremental improvement and investment in the property will be a benefit to the Town. • The proposed project meets the goals and purpose of (lie HMOD2 as it will improve this unique waterfront lodging establishment to meet the needs of today's travelers. • The project replaces existing amenities with improved amenities and will not result in changes to use or intensity. • The conservation conunission has reviewed and approved the project which includes mitigation plantings. • The proposed project will improve handicap accessibility and pedestrian safety with the addition of two new crosswalks, improvements to handicap accessible parking spaces and routes; and handicap accessible rooms within the hotel. • Coordination with the northern property abutters to address lighting concerns and agreed to a condition to mitigate this issue. VOTE: For these reasons the Planning Board voted as follows: On a motion by Susan Brita and seconded by Chris Vincent, the Planning Board voted 5-0 to approve Planning Board Special Permit Petition # 1 18, submitted by RJ Resorts Beach Resort Owner LLC for 28 South Shore Drive, to grant relief from Section 404.2.6 of the Yarmouth Zoning Bylaw for existing buildings and site conditions that do not comply with the Yarmouth Architectural and Site Design Standards as outlined in the Design Review Comment Sheet, with the following conditions: 1. To redesign and/or replace exterior lighting for parking areas as needed to meet (lie requirements of Yarmouth Zoning By -Law section 301.4.10 with the expressed intent of limiting undue glare on neighboring properties to (he north of the Resort. The Applicant expressly agrees to redesign or replace parking area lighting attached to the hotel structure to meet the by-law standards as is necessary to reduce undue glare to the neighboring properties to the north of the Resort. 2. To augment existing shrub plantings along the northeasterly parking lot buffer abutting Barkentine Circle with native species in a manner consisteut with the sluub buffer plantings proposed along the northwestern parking lot buffer as shown in submitted proposed condition landscape plans. 3. To provide irrigation to the existing parking lot islands and buffers where new plantings are proposed. 4. Adjustments to the pool location within the "U" shape of the building may be required to accommodate an existing leaching field north of the pool. Minor amendments to the pool location and deck amen-i ies can be approved by the Building Commissioner without needing to come back to the Planning Board if deemed minor in nature and no further relief is needed. Prior to issuance of the Building Pennit, the Building Commissioner shall coordinate with the Town Planner. No permit shall be issued until 20 days after the date of filing this decision with the Town Clerk of Yarmouth. Appeals from this decision shall be made pursuant to M.G.L., Ch. 40A, §17 and must be fled within 20 days after filing of this notice/decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Planning Board. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5,114GL c40A §9) Joanhe Crowley, Chair Yarmouth Planning Board A TRUE COPY ATTEST, / ��Ub 3 llVW��f:iC Bk 35982 Pg265 #36158 Petition #118 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH PLANNING BOARD Date: August 30, 2023 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Planning Board of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Pe#ifioner/Owner: RJ Resorts Beach Resort Owner, LLC Affecting the rights of the owner with respect to land located at: 28 South Shore Drive, South Yarmouth, MA; Assessor Map 19, Parcel 20.1; Title: Book 34635, Page 11; and Zoning District: Hotel/Motel Overlay District 2 (HMOD2). The Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and of all plans referred to in the decision, have been filed. The Planning Board also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the 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 the county and district in which the land is located and indexed in the grantor index under the name 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. f .,�Y : %L.-:.ail- �.. i~�/..!�yy'•✓� Joanne Crowley, Chair Yarmouth Planning board A�VY EST: i cdi�G � Dv2023LF;K Bk 35982 Pg266 #36158 'OWN OF YARMOUTH Town Clerk 1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Telephone (508) 398-2231 ext. 213 Fax (508) 398-2365 CERTIFICATION OF TOWN CLERK I, Mary Maslowski, Town Clerk, Town Of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Planning Board decision #118 and 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. bi��A Mary Maslowski, CMC Town Clerk AUG 3 0 2023 A TRUE COP ATTEST. Uti� jfV (;MgCjWVChV Q.Cf�GISTER 2Ni1[��Jt�J;J/I'Y REGISTRY OF DEEDS IVEDSTBAE E RECORDED ELECTRONICALLY