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HomeMy WebLinkAbout5055 - 1272, 1276, 1282 Route 28 Project Narrative R.O.A.D. Application to ZBAEkaterina & Family, LLC and Jay Imad, Trustee of the Cedars of Lebanon Trust 1272 1276 and 1282 Route 28 South Yarmouth MA 02664 Yarmouth Zoning Board of Appeals 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 (1110 use), convenience store (H2 use) and a gas station (H6 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 has been secured, and 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, has determined that the project substantially adheres to the Yarmouth Architectural and Site Design Standards (Design Standards), and has recommended that the Project be filed with the Zoning Board of Appeals. 411.5 Criteria for approval. 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 Plan 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 in a separate, self-contained 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 full 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: (L) 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. 2. Mandatory Criteria: In order to grant a Special Permit hereunder the Board of Appeals must find that the ROAD District Development as proposed satisfies the following criteria: A. those criteria as set forth for the grant of a Special Permit pursuant to section 103; B. that the goals, purpose and objectives of the ROAD district bylaw will be accomplished; C. that the project as a whole substantially accomplishes the purposes of the underlying zoning bylaw; D. that the benefits to the neighborhood, district and Town from the ROAD District development's approval under this bylaw section 411 outweigh the effects of any deviation or relief from the requirements of the underlying zoning bylaw, and; E. the architectural and site designs of the proposed development plan is as previously approved by the Planning Board, pursuant to 411.6.