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HomeMy WebLinkAbout5153 511 Route 28 Decision TC 03.18.25YARMOUTH TOWN CLERK RE MAR 18 ° 5 PM3:59 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: March 18, 2025 PETITION NO: 5153 HEARING DATE: February 27, 2025 PETITIONER: Arthur N. Luke and I. Carleton Luke, Trustees 511 Main Street Trust PROPERTY: 511 Route 28, West Yarmouth, MA Map & Parcel: 0031.139 Zoning District: B2 Certificate of Title 1156511Document No. 469,562 Lot 1 on Land Court Plan 33853-B MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Jay Fraprie, Dick Martin, Barbara Murphy, and Dick Neitz. 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 Cod Times, the hearing opened and held on the date as stated above. The Petitioners are Arthur N. Luke and I. Carleton Luke, Trustees. The Property is located at the intersection of Route 28 and Springer Road in the B-2 Zoning District. The Property contains a Luke's Super Liquors retail store with three ice machines in front of the building. The Petitioner seeks permission to remove two of the three existing ice machines and replace them with one standalone machine in a new location in the front parking field. The proposal is part of an otherwise permitted parking lot and landscape redevelopment. The Petitioners were represented by Attorney Andrew Singer; Applicant Mr. Arthur Luke, Jr.; Mr. David Michniewicz, Civil Engineer; and Mr. David Hawk, Landscape Architect. There was no public comment. The proposal requires a Variance in accordance with Section 102.2.2 of the Yarmouth Zoning Bylaw from the provisions of Sections 203.5 and 303.5.8 of the Zoning Bylaw, and M.G.L. Chapter 40A, Section 10, for easterly side setback (for ice machine) and a freestanding ice machine being located greater than six feet from the principal building. The Board of Appeals is authorized to grant Variances where the Board finds that a literal enforcement of the Zoning Bylaw would involve substantial financial or practical hardship to the Petitioner, that the hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The Property has frontage on two streets and contains a building located to the rear of the large lot (from Route 28) with a large expanse of asphalt between the building and the State highway. There is a paved driveway between the building and Springer Road on the west side. There is a gravel driveway adjacent to the building on the east which is used for fire safety and other access to the adjacent, commercial shopping center. Both of these driveways would be blocked if the replacement ice machine were to be located as otherwise required within six feet of the building. In these unique circumstances and based on the historical, developed topography of the land and structure, a literal enforcement of the Zoning Bylaw will result in a substantial practical and financial hardship to the Petitioner. There will be no change or increase in intensity of use at the Property, and there will be a significant improvement in on -site circulation with the reconfigured parking field, new parking lot islands, and increased buffers along the frontages. In addition, site landscaping along Route 28, Springer Road, and the easterly side of the Property will be substantially added and enhanced over existing, spare conditions. Access to the easterly gravel drive for emergency and fire lane access to the building and the Property to the east will be improved with the relocation of currently -encroaching parking spaces. The parking lot will be re -striped to create conforming -sized spaces, and there will remain a conforming number of spaces (28 required, 33 provided). Pre-existing nonconforming site coverage will be reduced (70° ' allowed, 81.8% existing, and 79.3% proposed). Pre-existing nonconforming building coverage will increase only slightly with the new ice machine (25°•0 allowed, 27.6% existing, and 28.0°fo proposed 212 sq. ft.). There will be no negative impact on the Town's water supply or site drainage and no harm to groundwater. No noise, litter, odor or other sources of potential nuisance or inconvenience to adjoining properties, public ways or neighbors are anticipated, and the proposal will not adversely affect the public good. The site is and will continue to be served by all required utilities and necessary public services. Allowing the replacement ice machine as proposed as part of the permitted site upgrade will benefit operations at the Property without negatively impacting any neighboring properties and the traveling public on Route 28. To the contrary, there will be a substantial improvement to site aesthetics and functionality along Route 28. Plans reviewed by the Board of Appeals include a 1) site plan prepared by Cape Civil, PLLC, Sheet C201, revised January 27, 2025, 2) landscape plan prepared by Hawk Design, Inc., Sheet L1.0, dated January 31, 2025, 3) subsurface sewage disposal plan prepared by Bracken Engineering, Inc., dated revised December 7, 2021, 4) ice machine schematic plans prepared by Ice House America, dated December 18, 2020, and 5) ice machine color elevations, eight sheets undated. Based on the above, testimony received at the public hearing, and questions and answers with the Board, the Board found that a literal enforcement of the Zoning Bylaw will involve substantial financial and practical hardship to the Petitioner, that the hardship is owing to the historical, developed topography of the land and structure and especially affecting such land or structure, but not affecting generally the B2 Zoning District, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Thereafter, a motion was made by Mr. Fraprie, seconded by Mr. Neitz, and voted 5-0 in favor, to grant a Variance in accordance with Section 102.2.2 of the Yarmouth Zoning Bylaw from the provisions of Sections 203.5 and 303.5.8 of the Zoning Bylaw, and M.G.L. Chapter 40A, Section 10, for easterly side setback (for ice machine) and a freestanding ice machine being located greater than six feet from the principal building, as shown on the submitted plans, and also to waive the requirement of a plot plan less than two years old. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this noticeidecision with the Town Clerk. Unless otherwise provided herein, the Variance shall lapse if it has not been exercised within 12 months. (See bylaw § 102.2.2, MGL c40A § 10). Sean Igoe, Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5153 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski, CMMC, CMC