HomeMy WebLinkAboutTaco Bell Site Plan Review Response Letter
Mark Grylls
Director of Inspectional Services/Building Commissioner
Town of Yarmouth
1146 Route 2B
South Yarmouth, Ma 02664
RE: Proposed Taco Bell Restaurant
433, 437, & 439 Station Avenue (Tax Map 88 Lot(s) 87 & 88)
Yarmouth, Massachusetts
(RFMI #1 Response Letter)
Dear Ms. Williams,
McClure has prepared this response letter to address the comments received on February 10, 2026. The
SPRC comments are listed below, with responses provided in blue, italic text.
Building:
1. Merger of lots 433, 437, & 439 will require a SP per section 104.3.5 pasa. 2 A-D.
Special Permit will be submitted at time of application.
2. Raze and replace existing non-conforming structures(s) SP per section 104.3.2#3 for setback relief from
the required 75’ per Table 203.5 note J.
Acknowledged.
3. Drive-through will require a SP per section 301.2 due to the proximity to the R-40 zoning district as required
in section 301.8. Any outdoor service facility (including menu boards, speakers, etc.) shall be a minimum
of 100 feet from any residential use or zone.
Special Permit will be submitted at time of application.
4. Parking on Station Ave is located in the front of the building as required by section 301.4.1. SP required as
allowed per 301.2.
Special Permit will be submitted at time of application.
5. Parking lot buffer does not appear to meet the standard of section 301.4.4 regarding the number of trees.
Section 301.4.4 reads in part… 3” (three inch) caliper trees (with expected mature height of at least 20’)
shall be planted at intervals of at most 20’ in all buffers. Planted trees which die shall be replaced. Modify
existing plan to meet this standard or seek a SP from the ZBA as allowed per section 301.2.
The landscape plan has been revised to reflect the changes listed above.
6. Section 301.4.9 requires planting in buffer areas in front of buildings along a way to include, but no be
limited to, 2.5” caliper trees approximately every 35’ and shall also include a mixture of shrubs and
flowering plants to create a comprehensive landscape plan, as approved by the Site Plan. Modify plan or
seek SP as allowed by 301.2.
The landscape plan has been revised to reflect the changes listed above.
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7. Lighting plan does not meet the standards of section 301.4.10 as submitted. Modify plan or seek variance
relief from the ZBA regarding light pole height and light trespass. LED lighting often causes glare which if
found to be true will require additional shielding.
The Lighting Plan has been revised to address standards set forth as part of Section 301.4.10
8. Signs will be reviewed at time of application. Recommend a thorough review of section 303 prior to
application.
Acknowledged
9. All work to comply with 780 CMR and appendant codes as well as all other applicable section of the Town
of Yarmouth Zoning Bylaw.
Acknowledged
Planning:
1. The Taco Bell will likely be a big draw for the DY students and the design needs to address how students
(and other pedestrians) would safely access the site and delineate a safe pedestrian route to the building
Sidewalk around the property has been provided to allow for proper pedestrian access.
2. The on-site circulation creates a number of conflict points
The nature of retail sites causes vehicle turning and parking movements to occur in a limited space and this
site is no different. The on-site circulation directs vehicles to proceed in a logical one-way circulation path,
which improves motorist safety. The closure of the three of the five curb cuts associated with the lots
comprising the project is a clear benefit to reduction of conflict points.
3. There are existing concerns about traffic and pedestrian safety along Station Avenue with the Cape Cod
commission recently completing the Station Avenue Corridor Study. Of particular note is the Station Avenue
access with people trying to take a left turn out onto Station Avenue and people trying to take a left turn into
the restaurant from Station Avenue. Restricting access to right turn in/right turn out has proven less than
successful at other locations (i.e. seasons and shaws). Turning movements at the driveways need to take
into consideration traffic from pass-by trips to reflect the actual number of vehicles entering/exiting the sites.
The Applicant has agreed to reduce the available movements from the Station Avenue curb cut to left-in,
right-in, and right-out only. This will reduce the potential conflict points with this driveway and improve
safety. A revised analysis was created restricting left-turn out of the site at the Station Avenue curb cut. Level-
of-Service summary tables are attached in the traffic addendum that indicate less than a 2.0 second overall
increase in delay at the Station Avenue/Old Townhouse Road intersection due to the redirection of these
left turns to Station Avenue. Pass-by traffic was incorporated in the initial traffic analysis using ITE data and
as shown on Figures 5 and 6. These were revised for this response with updated figures shown in the
Addendum.
4. Colors should be gray tones with white trim, rather than tans and dark trim.
During the SPRC it was acknowledged that the applicant has made significant changes to their drawing and
the dark trim is not preferable. The applicant would like the board to consider leaving the modified
elevations as presented.
5. At previous meetings, it has been stated that there will be no breakfast service at the Taco Bell and deliveries
via the WB-60 tractor trailer will occur only when the restaurant is closed.
Acknowledged.
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6. Consider measures to reduce cut-through traffic.
Cut-through traffic is more of an issue with sites that have minimal or no activity. The redevelopment of the
two lots into an active retail site will reduce cut-through traffic.
7. Refer to the attached November 14th, 2025 Design Review Comment Sheet and December 10th, 2025
Concept Sketch. Prefers gray tones and lighter trim. Look at sidewall vs. roof material @ roof valleys.
During the SPRC it was acknowledged that the applicant has made significant changes to their drawing and
the dark trim is not preferable. The applicant would like the board to consider leaving the modified
elevations as presented.
Engineering:
1. Coordinate Addressing with DPW upon joining of the parcels
Acknowledged.
2. The traffic report submitted does not handle improving safety measures besides noting to reduce the curb
cuts. ZBA review is recommended.
As noted in the response to Planning comment No. 3, the Applicant has agreed to reduce the available
movements from the Station Avenue curb cut to left-in, right-in, and right-out only. This will improve safety
at this location and Station Avenue.
3. For Station Avenue curb cut, revise to only right turn in and right turn out or remove in its entirety.
See response to Engineering comment No. 2 above.
4. No pedestrian movements along the site is proposed. Suggest ways to connect employee parking to the
front of the building.
Pedestrian access is provided on-site with a sidewalk in front of the building and connections to a new
sidewalk along the site frontage. In addition, a cross walk was added thru the drive thru to the employee
spaces/dumpster enclosure.
5. There is no pedestrian movement on this side of both Station Avenue and Old Town House Road. Suggest
providing a crosswalk and sidewalks from the front of the building along the radius of the intersection to the
OTH curb cut.
A sidewalk is proposed along the site frontage as requested.
6. For work within the ROW, Contractor shall submit Road Opening Permit.
Acknowledged.
7. Drawing T1.1. Note Demo Note 15, Refers to unknown septic. Refer to attached septic plan on file.
Annotations showing the approximate area of the septic system has been added to sheet D1 and note 15
has been revised.
8. It appears none of existing Leaching Basins are included to be demoed and are not shown on the proposed
plans (C2) as existing nor what is proposed of them.
Plan Sheet D1 has an annotation stating “Existing leaching catch basin (to be removed) (TYP.)” indicating
that all existing leaching catch basins are to be removed during demolition. Additional annotations have
been included on the sheet.
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Fire:
1. Access as per 527 CMR 1 Chapter 18, Hood suppression and fire alarm systems as per building code
and NFPA 72, Fire Department Lock box purchased from fire department. For key access. I will email you
the specs for the Yarmouth Tower Ladder for the turning Radius, Ladder access will be from the South and
West, not from the North.
Acknowledged. Turning Movement plan using the Yarmouth Tower Ladder has been included.
Police:
1. Does the study dates 10/17/2025 address vehicles taking a left out of the parking lot on Station Avenue
to Travel North? I believe that vehicles will have a difficult time safely entering Station Ave from the exit as
they will have to navigate the southbound right turn only onto Station Ave and through traffic on Station
Ave. A recommendation would be to make entry onto Station Ave is right turn only. I do not see an issue
with the traffic on OTH Road and Station Ave if the drive-through is managed properly.
See response to Engineering comment No. 2 above.
Health (Toxic and Hazardous Materials):
1. Storage of toxic or hazardous materials of more than ten gallons liquid measure or five pounds dry weight
requires a Board of Health, Handling and Storage of Toxic or Hazardous Materials license. Typical toxic
or hazardous materials used within the food service industry include, but are not limited to, various
cleaners and sanitizers. Please inform the Health Department whether a cleaner mixing station using
concentrated diluted with water or if premixed, bottled materials will be used. Please inform the Health
Department of the total volume of toxic or hazardous materials planned for storage If a cleaning mixing
station, also referred to as a dilution station, will be used, it must have integral ASSE 1055B backflow
protection with a manufacturer’s label indicating such, and be compliant with State Plumbing Code.
Please check with the Town Plumbing and Gas Inspector regarding plumbing requirements.
There is to be no storage of toxic or hazardous materials in excess of ten gallons or five pounds dry weight.
2. On Plan Sheet C3, it is noted “Septic Design by others.” Please note that the Health Department requires
submission of a complete set of septic system design plans for review and approval. This is necessary for
the proposed 20-seat fast food establishment.
Septic System Design plans have been submitted by Green Seal Environmental, LLC. To the Board of Health
agent and approved.
3. Health will also need interior floor plans including floor and wall materials. Equipment list for hand, mop,
& 3 bay sinks, equipment list. Food establishment application with serv safe and allergy certification.
Conceptual floor plans are submitted with the application package. All additional information requested
will be submitted with the building permit application.
Water/Wastewater:
1. A cut and cap of the existing water service for 433 Station Ave is shown, the service for 437/439 will also
need to be cut and capped at the main.
Sheet C3 has been revised to include annotations addressing the need to cut and cap the service to
437/439 Station Ave as well as remove the existing water valve.
2. Yarmouth water valves shall open LEFT (Sheet C3 indicated open right)
Sheet C3 has been revised to indicate “open left” curb stop to be installed.
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We trust that this letter, in conjunction with the revised plans and attachments, addresses your comments and
concerns regarding this application. If you have questions, please don’t hesitate to call me directly at 603-
421-6120 or by email at brichards@mcclurevision.com.
Sincerely,
McClure Engineering
Brandon L. Richards
Civil Designer