HomeMy WebLinkAbout5055 - 1272, 1276, 1282 Route 28 Application Materials Submitted with Planning Board Certificate of ApprovalZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information)
Appeal#: Hearing Date: %D a Fee $:
Applicant is the (check one): Owner XX Tenant Prospective Buyer Other Interested Party
Applicant (full names, including d/b/a): Ekaterina & Family L_ LC / Jay Imad, Trustee of the Cedars of Lebanon
Trust
Address: c/o Paul R. Tardif, Esq., 490 Main Street Yarmouth Port MA 02675
Phone: (508) 362-7799 Email: ptardif(a-)tardifiaw.com
This application relates to the property located at: t272 1276 & t282 Route 28 South Yarmouth
Shown on the Assessor's Map as: Map # 60 Parcel #:130,131 and 132
Zoning District: B2 and R.O.A.D.
Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying
location: NIA
Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to
(e.g., add a 10' by 15' deck to the front of our house). See attached Narrative
RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals:
REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this
decision with this application). What is the decision date?
The reason for reversal and the ruling you request the Board to make:
XX SPECIAL PERMIT under Yarmouth Zoning By-law Section: 411(R.O.A.D.) and/or for a use authorized upon
Special Permit in the "Use Regulation Schedule" §202.5: H2, 116, H10 and Al2
VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested,
and, as to each section, specify the relief sought:
Section & Relief sought:
Section & Relief sought:
Section & Relief sought:
ADDITIONAL INFORMATION (which you feel should be included in your application):
_
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{� 'IAA7J�CNEESE �"
ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information)
Name & Ad ftss of Current property Owner (if other than applicant) as listed on the Deed: Same as applicant
Title Deed Reference (provide a copy of most recent Deed):
• Book & Page #: Book 34755 Page 26• Book 21043 Page 13• Book 20629 Pa a 48•
• or Certificate #:
• Land Court Lot #:
• Plan #:
Use Classification:
• Existing: Gas Station Convenience Store multifamily §202.5 # H2 H6 and Al2
Proposed: Gas Station, Convenience Store, multifamily, Drive Through §202.5 #112, H6, H19, and Al2
Is the property vacant? Yes_ No XX If yes, how long has property been vacant?
Lot Information
• Size/Area: 49,833 square feet
• Plan Book & Page: Plan Book 110, Page 143 (1276 Route 28) and Plan Book 110, Page 125 (1282 Route 28)
• Lot #:
Is this property within the Aquifer Protection Overlay District (APD)? Yes _ No XX
Have you completed a formal commercial site plan review (if needed)? Yes XX No�
Which other Boards and/or Town Departments are/have/will review this project? What is the status of review?
Completed Site Plan Review CEDC Design Review Committee and Planning Board
Is this a repetitive petition (re -application)? Yes_ No XX
If required, do you have Planning Board Approval? Yes XX No _
Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes XX No
If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application.
N 276) — Decision 2648 (siffn variance — Granted); (1282) — Decision 3537 (Variance for new Canopy — Granted :
used cars --
Building Commissioner Comments:
Applicant / Attorney / Agent Signature:
Property Owner Signature, by Attorney/. "
Address: 490 Main Street, Yarmouth Port MA 02675
Phone: (508) 362-7799 Email: ptardiL@tardiflaw.com
Building Commissioner Signature: Date:
Ekaterina & 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
B21 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 (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% (front
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 132 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. GeneraI 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 toy 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. Traditibnal
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, arid/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:
(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.
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 Pen -nit 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.
N 0 T
A N
O F F I C I A L
C 0 P Y
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE COUNTY G19TL� OF DEEDS
Date: 12-16-2021 @ 0: 4
CtLfl: 166 &Aq a1629
Fee: $301.8() FbnE`. V00(101.09k L
C 0 P Y
B]c 34755 Pg26 #81629
12-16-2021 @ 10:04a
N 0 T
A N
O F F I C I A L
C O P Y
BARNSTABLE COUNTY EXCISE TAX
@�EtN6T T,E COUNTY REGISTRY OF DEEDS
d ta: 1 -16-2021 0 10:04am
Ct $-M66 DocO: 61629
O F EVej: C 7_T•4% T-?ns: $90,000.00
C 0 P Y
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS that, JASON FRAZIER, TRUSTEE of the
PLATINUM REALTY TRUST, u/d/t dated May 1, 2006, see Certificate of Trust recorded with
the Barnstable County Registry of Deeds in Book 21027, Page 291, with an address of 27
Commercial Street, South Yarmouth, Massachusetts 02664,
for consideration paid and in full consideration of Ninety Thousand and 00/100 Dollars
($90,000.00),
grant to EKATERINA & FAMILY, LLC, a Massachusetts Limited Liability Company, with
an address of 381 Camp Street, West Yarmouth, MA 02673,
with QuiTCLAIMCOvENANTS
The land together with the buildings thereon, located at 1272 Route 28, South Yarmouth,
Barnstable County, Massachusetts, bounded and described as follows.
WESTERLY by land now or formerly of Albert and Ethel Whitehead, One Hundred
Seventy -One (171) feet, Six and one-half (6 1/2) inches;
NORTHERLY by land now or formerly of Samuel D. Elmore, Seventy (70) feet, Nine (9)
inches;
EASTERLY by land now or formerly of the Heirs of Frank B. Homer and William N.
Hamblin, One Hundred Seventy -Three (173) feet and Six (6) inches;
SOUTHERLY by Massachusetts State Highway, Route 28, also known as the Bypass, Seventy
(70) feet and Nine (9) Lnehes.
Bk 34755 Pg27 #81629
The grantors herby certifft0oNows: N 0 T
A N A N
1. 1 am the sod Tn tel ottfae IiNadnum RealtjJTMSE I C I A L
2, Said trust has noCbanNtyred, amended or revoked andis56till in full force and effect;
3. All of the beneficiaries of the Platinum Realty Trust are of full age and legal capacity and
none of the benefioapets a corporation; N 0 T
4. I, as Trustee, have IWejN directed by said beneficiarieAtcNtransfer the property at 1272
Route 28, Fdptitkt Yatmept�, N4aVachusetts,&rE$V,OPOCp02 tl-g ggnsideration recited in
this deed. C O P Y C 0 P Y
For title see deed recorded in the Barnstable County Registry of Deeds in Book 34188, Page 327.
2
Bk 34755 Pg28 #81629
N O T N 0 T
A N �VN
SIGNED under thepainwaidd penhltksbf perjury tbisF A I �a}�of��CP,wI , 2021.
C 0 P y C O P Y
N 0 T
A N
0 F F I C I A L
C O P Y
County of Barnstable
Platinum ReAlt)Tyust
COMMONWEALTH OF MASSACHUSETTS
On this day of Qe)C
� , 2021, before me, the undersigned notary public,
personally appeared Jason Frazier, Trustee, and proved to me through satisfactory evidence of
identification, being (check whichever applies): driver's license or other state or federal
governmental document bearing a photograph image, n oath or affirmation of a credible witness
known to me who knows the above signatory, or o my own personal knowledge of the identity
of the signatory, to be the person whose name is signed above, and acknowledged to me that he
signed the foregoing instrument voluntarily for its stated purpose and who swore or affirnied to
me that the contents of this document are truthful and accurate to the best of his knowledge and
belief on behalf of Platinum Realty Trust.
SEAL
My commission expires: 1 I - �& X(
k
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY Off' DEMOS
RECEMD & RECORDED ELECTRONICALLY
Bk 21043 P!gl3 �3244_5
05--30--2006 a 10 e 36a
N O T QUITCLAIM DEEDN 0 T
A N A N
O F F I C I A L O F F I C I A L
I, Diane E. CIput&rpof),P,0. Box 1250, MashpLz,A%4VWhusetts 02649,
for consideration paid %f I puf Hundred Seventy-five Tlnu8aq and 00/100 ($475,000.00)
Dollars, grant to A N A N
0 F F I C A O C I A L
Ekaterina & Family, L�, ssacusetts ].irnitedia ilor�pany, with an address of
16 Macomber Drive, Yarmout sport, Massachusetts 0 7 ,
with Quitclaim Covenants,
the land together with buildings and improvements thereon, situated in Yarmouth (South
dYarmouth), Barnstable County, Massachusetts described as follows:
o being shown as "Parcel `B°" on a plan of land entitled "Plan of Lane in South Yarmouth,
V\ Massachusetts, for Lawrence R. Sherman, Scale 1" w 30', July 15, 1953," which said plan
is recorded with the Barnstable County Registry of Deeds in Plan Book 110, Page 143.
t;a
N The premises are conveyed subject to and together with the benefit of all
easements, rights, reservations and restrictions of record, insofar as the same are in force
and applicable.
For title, see deed recorded with said Registry of Deeds in Book 10994, Page 4.
cC�1 Witness my hand and seal this day of May, 2006.
VI
'15i'ane E. Cloutier
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss;
�7
On this `30 day of May, 2006, before me, the undersigned notary public,
personally appeared Diane E. Cloutier, personally known to me to be the person whose
a
Bk 21043 Pg 14 #32445
name is signed on the Mcodipg or attached document, Ni4c�nowledged to me that she
signed it voluntarily and XoiNts stated purpose. A N
O F F I C I A L O F F I C I A L
C O P Y C O P Y
N 0 T '
A N
O F F z C_j A L phi ti el oudreau, Notary Public
ph1�p fJ�te>,ael P Vi My ComrnisssioPti Lyxpixes: January 28, 2011
Notary public Ares January 26�
MY Cornm� at Maw
Corn
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE COUNTY REGISTRYOF DEEDS
Date: 05--30-2006 D 10:36am
Ct1t: 545 Dor_T: 32445
Fee. $IY624.50 Cons: $475000.011
BARNSTABLE COUNTY E C SE TAX
BARNSTABLE COUNTY R. STRY OF DEEDS
Dsf e: 05-•30-2006 D 10:36o.m
rtI4: 545 Doct: 32445
FQka. $17093.00 Cons: 1,475P00I.00
BARNSTABLE REGISTRY OF DEEDS
QUITCLAIM DEED
I, Nick NaWloliqad, as Trustee of TheoCledars Realty Trust, under
declaration of trust fla*d April 28, 2000 recordeg q4 Barnstable County Registry
of Deeds in Wglc f2Q9ZahPAgC053. O F F I C I A L
C O P X C O P Y
In CONSIDERATION OF One ($1.00) Dollar
N O T N O T
GRANT TO: 44 Imad as Trustee of Cedai1 of Lebanon Trust under an
Indenture oftFuh dafedlD8c6nber 29, 209 Fo becreidd&I with the Barnstable
N County Registry a]Re�dsylterewith. /6 m,�B•4 i�i2�;�'�� r�/�k�iuvrt,'P�TT r�9
WITH QUITCLAIM COVENANTS, the following described premises;
All that certain parcel of land with all buildings and improvernents thereon, situated
in the Town of South Yarmouth County of Barnstable, Commonwealth of Massachusetts,
bounded and described as follows:
4
A tract of land with the buildings thereon situated in South Yarmouth, Barnstable
County, Massachusetts, more particularly described as follows:
N
4J BEGINNING at a point on the northwesterly side of the Massachusetts State Highway
commonly known as Route 28 in that part of the Town of Yarmouth known as South
N Yarmouth, said point being 69.50 feet southwesterly of the southwesterly confer of property
00
now or formerly of Eugene A. Homer; thence turning in a southwesterly direction by' the
northwesterly side of the Massachusetts State Highway 200.00 feet to a point at other
property now or formerly of Jeannette S. Stanovich; thence turning and running M 18
odegrees, 26', 10" W by other property of said Jeannette S. Stanovich 85 feet to a point at
other property now or formerly of Jeannette S. Stanovich; thence turning and running N 70
degrees, 08' la" E still by other property of said Jeannette S. Stanovich 177.95 feet to a point
at still other property now or formerly of Jeannette S. Stanovich; thence turning and running
S 31 degrees 50' 10" E still by other property of said Jeannette S. Stanovich 95 feet to the
northwesterly side of said Highway and point of beginning. Said property containing about
17,007 square feet, as shown on a plan entitled: "Plan of Land in South Yarmouth, .
Massachusetts property of Nicholas Frabotta Scale I inch = 30' April 16, 1953, Bearse &
Kellogg Civil Engrs. Centerville, Mass," which said plan is duly filed with Barnstable County
Registry of Deeds in Plan Book 110, Page 125.
Being the same premises conveyed to the grantor herein by Kenyon Oil Company,
Inc. Successor by Merger with Alcott Management Company by deed dated April 25, 2000,
recorded in Book 12997 at Page 058, of the Barnstable Registry of Deeds, Barnstable,
Massachusetts.
Together with all easements, rights and appurtenances thereto, and all right, title, and
interest of Seller in and to any roads, streets and ways bounding said premises. Subject to
taxes for the. current fiscal year.
BIc 20629 Pg 49 #496
This conveyance does not constitute all or substantially all of the assets of the
Grantor.
In Witness Wl r f,TI, Nick Nabil Imad, as TAW2 of The Cedars Realty Trust, have
hereunto set myy hadn oabblialf of The Cedars Realty T&st� this 3 clay of
Ja K, C , 200 �. F F I C I A L O F F I C I A L
C O P Y C O
N 0 T Nick NabV I16N, as Trustee
A N A N
0 F F I C I A L, O F F I C I A L
C (20IONWEALTH OF MASSM49SETTS
Barnstable, ss.
200 ,
The foregoing instrument was acknowledged before me this -3 day of
200& by Nick NabiI Imad. He is personally known to me and/or has produced Massachusetts
Driver's License as identification and acknowledge the foregoing instrument to be his free
act and deed before me.
NOTARY PUBLIC
Print Name /-Dy-t' ,9hh Kaiekli*y
My Commission Expires: Q tc
[NOTARIAL SEAL]
RETURN TO: Richard J. Harb, Esquire
45 Bristol Drive
Suite 205
Easton, Massachusetts 02375
dARNSTABLE REGISTRY OF DEEDS
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ZONING BOARD OF APPEALS HEARING APPLICATION
REQUEST FOR ABUTTERS NOTIFICATION LIST
Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or
private street or way, and abutters to the abutters (only within 300 feet of the property line) of the petitioner as
they appear on the most recent applicable tax list.
• Postage charges for all applications are determined by the number of abutters (and the parcel(s) in question) times
.56 cents (which is the current cost for the two required mailings).
• Add the postage charges to the application fee and include your check with the application.
For postage charges, see Zoning Board of Appeals Administrator or provide the abutters map and lot
numbers below.
Applicant Name: Ekaterina & Family LLC and Jay Lead, Trustee of the Cedars of Lebanon Trust
Property Address: 1272, 1276 & 1282 Route 28, South Yarmouth
Map Number Lot Number Map Number Lot Number
Applicant 60 13,131 & 132
Abutters
See attached
2 Labels-1 Hard Copy
Assessors Field Card with photo
Andy Machado, Director of Assessing
TOWN OF YARMOUTH
1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231 Ext. 1276, Fax (508) 398-2365
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
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 (so 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 officelstorage
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 301.4A,
6. Al2, 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.
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 circulationlegress, 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:
Jo nne Crowley, Chair
Yarmouth Planning Board
Duplicate copy sent to applicant
Duplicate entered into project file
Duplicate sent to Board of Appeals
TO:
FROM:
SUBJECT:
DATE:
TOWN OF YARMOUTH
1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-41492
Telephone (508) 398-2231, Ext. 1277, Fax (508) 398-2365
Yarmouth Planning Board
Community and Economic Development Committee (CEDC)
1272, 1276, and 1282 Route 28 ROAD Application
August 2, 2023
Department of
Community
Development
The Yarmouth Community and Economic Committee recently met on July 25, 2023 to discuss the
ROAD application submitted to the Planning Board on July 10, 2023 for the properties located at
1272, 1276 and 1282 Route 28. A project update presented to the Committee by project
proponents noting that the economic benefits of the project (job creation, new construction,
housing and related tax revenues) were similar to those previously presented. Based on this
information, the Committee voted 4-0-1 (Peter Slovak abstained) to recommend the project as
presented to the Planning Board.
Thank you for the opportunity to comment and please let us know if you have any questions.