ZBA approves Taco Bell at Station Avenue with hours, signage and traffic conditions, one‑year review
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Summary
The Yarmouth Zoning Board approved a special permit for a 2,094 sq ft Taco Bell with a drive‑through at 433–439 Station Avenue, subject to conditions including hours limited to 11 a.m.–12 a.m., removal of 'late night' from signage, no left‑turn exit onto Station Ave, morning deliveries, crosswalk coordination with engineering, retention of existing street trees if possible, and a one‑year operational review.
Attorney Christopher Corrain presented a proposal by Desert d’Oro Foods to demolish existing commercial buildings, consolidate two lots at 433–439 Station Avenue, and construct a 2,094‑square‑foot Taco Bell with 18 indoor seats and a drive‑through. The application sought multiple special permits because the site lies within the Aquifer Protection Overlay District and includes nonconforming setbacks and a proposed drive‑through within 100 feet of a residential zone line.
Corrain and the project team (Nicole Duquette, project engineer, and Scott Thornton, traffic engineer) described benefits including elimination of nonconforming front and side setbacks through lot consolidation, reduced lot coverage and impervious area, improved stormwater infiltration, a new septic system permitted for 18 seats, and a plan to reduce five curb cuts to two. Thornton presented a traffic assessment concluding the proposed access and queuing would generally function, although occasional seasonal queues could occur; the applicant proposed internal striping, no‑left‑turn signage, and delivery timing to reduce impacts.
Board members voiced significant concern about late‑night drive‑through hours (the application requested 11 a.m.–2 a.m.), potential noise and disturbance to nearby residences, student pedestrian crossings near the high school, and the difficulty of preventing vehicles from making an illegal left turn from Station Avenue. The applicant indicated willingness to negotiate operational hours and to remove the phrase "late night" from signage. The team also agreed to work with the town engineering department to site a crosswalk on Old Townhouse Road and to accept a one‑year review to allow the board to reassess traffic or parking problems after the restaurant opens.
After deliberation, the board moved and seconded a motion to approve the special permit with conditions: hours limited to 11 a.m.–12 a.m. (no breakfast service), signage not to display the term "late night," a no‑left‑turn condition and signage at the Station Avenue exit, morning deliveries only, retention of existing trees where feasible, submission/implementation of revised landscaping and lighting plans, coordination with town engineering to site a crosswalk (recommended on Old Townhouse Road), and a one‑year review of operations and parking. The motion passed unanimously.
The board asked counsel to draft a decision (to be clocked with the town clerk for 20 days) and reminded the applicant to record any final decision with the registry of deeds.
