HomeMy WebLinkAboutProposed Shell Station Letter - 2022 473 Station AveLaw Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dentrisport, Massachusetts 02639
Andrew L. Singer
Marian S. Rose
Myer R. Singer (1938-2020)
June 9,20?2
Via Email and Hard Deliverv
Yarmouth Board of Health
1146 Route 28
South Yarmouth, MA 02664
Proposed Seasons Corner Market/Shell Station
473, 479, and 487 (portion) Station Avenue, South Yarmouth, MA
Dear Members of the Board
I am writing to re-introduce the above, proposed development and to submit an application by the
Applicant, Colbea Enterprises, LLC, for a Nitrogen Ag$egation Plan in connection therewith. The
Applicant has obtained Board ofAppeals approval to develop the above land for a fuel service station and
Seasons Corner Market convenience store with co-brand business. The proposal includes closing and
decommissioning two outdated fuel service stations with an average age of 40 years (Shell and Sunoco)
Iocated within one-quarter mile ofthe new site and replacement with a new state-of-art fueling station
(Shell). The net environmental improvement will be five less underground tanks (from 7 to 2) and a
reduction of 16,000 gallons of underground fuel storage.
Back in 2018-2019, we completed a review process with the Board of Health as you provided
comments to the Board of Appeals, The project has been delayed due to Court appeals, which have been
resolved. Part ofthis prior process included independent peer review by CarriageHouse Consulting, lnc.,
an analysis memorandum by the Health Depadment, and review ofthe above by Kleinfelder, the Town's
outside water consultant, The project as previously and favorably reviewed and commented on remains
the same.
The development requires a Nitrogen Aggegation Plan due to location ofthe Property in the
Groundwater Overlay Protection District. The following documents are enclosed with this submittal
(some of which were previously submitted to the Board during the prior informal review):
Application for Nitrogen Aggregation Plan;
Draft Facility Land Restriction (473,479, and 487 {portion} Station Avenue);
Draft Credit Land Restriction (446 Station Avenue);
Nitrogen Calculations;
Draft Deed Restriction (446 Station Avenue);
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Tel: (508) 398-2221
Fax: (508) 398-1568
www.sinqer-la!i,,ce@
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Draft Deed Restriction (433 Station Avenue, SY);
ANR Plan (draft) merging the Facility Land into one parcel;
Memorandum dated June 9,2022, detailingthe proposal, including significant benefits to
and reduction ofenvironmental risk in the Aquifer Protection District as well as answers
to questions from the Health Director and Hazardous Waste Inspector;
I Environmental Analysis Memorandum, dated December 14,2018, including enclosures;
10 Environmental Peer Review Report, dated March 8, 2019, by CarriageHouse Consulting,
Inc.; and
1l Review of Environmental Peer Review Report, dated March 20, 2019, by Kleinfelder, the
Town's outside water consultant.
The proposal presents a rare opporrunity to upgrade and better protect both the business and
natural environment along this portion of Station Avenue. It is business development coupled with
improved environmental protection with less risk.
My client appreciates the Board's continued review ofthe proposal and all ofthe submitted
materials and outside review reports and looks forward to meeting with you at an upcoming meeting on
the request for approval of the Nitrogen Aggregation Plan.
Thank vou.
Very truly yours,
Andrew L. Singer
Andrew L. Singer
ALS/a
Attachments
Jeff Colby, Yarmouth DPW Director (via email)
Robert McGann, Colbea Enterprises, L.L.C. (via email)
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cc:
Law Office of Singer & Singer, LLC
26 Upper County Road
P- O- Box 67
Dermisport, Massachusetts 02639
Andrew L. Singer
Marian S. Rose
Tel: (508) 398-2221
Fax: (508) 398- 1568
wrvw.singer-law.com
Myer R. Singer (19i8-2020)
June 9. 2022
Yia Email and Hand Delivery
Yarmouth Board of Health
I 146 Route 28
South Yarmouth. MA 02664
Proposed Seasons Comer Market/Shell Station
473,479, and 487 (portion) Station Avenue, South Yarmouth, MA
Dear Members ofthe Board:
I am writing to respectfully submit the following in connection with the above property, all of which
are being requested contingent upon final approval lrom the Town of Yarmouth (including without limitation
the Board ofAppeals, Planning Board, Board ofSelectmen, and Fire Department), with no appeals being taken
or any appeal taken resolved with no further appeal rights, to construct a new Seasons Comer Market/Shell
Station at the above property:
Nitrogen Aggregation application package, including cover letter, plans, drall restriction
documents, nitrogen calculation, and supporting memoranda and reports;
Variance Amendment application package for existing development to remain at 487 Station
Avenue; and
A request to relocate the Applicant's existing Tobacco Product Sales Permit fiom its store
across the street at 446 Station Avenue when it closes as part ofthe above development to the
new property at 473, 479. and 487 (portion) Station Avenue.
The proposals before the Board present a rare opportunity to upgrade and better protect both lhe
business and natural environment along this portion of Station Avenue. It is business development coupled
with improved environmental protection with less risk.
My client appreciates the Board's continued review ofthe proposal and looks forward to meeting with
you at an upcoming meeting on the above requests. Thank you.
ALS/a
Attachments
Jeff Colby, Yarmouth DPW Director (via email)
Robert McGann, Colbea Enterprises, L.L.C. (via email)
Ilc
a
CC
Very truly yours,
Andrew L. Singer
Andrew L. Singer