National Grid Secures 100-Foot Tank Permit as ZBA Limits Taco Bell Late Hours
Key Points
- National Grid approved for 100-foot LNG storage tank replacement on Whites Path
- New Taco Bell on Station Avenue restricted to midnight closing with one-year traffic review
- ZBA rejects variance for non-compliant Brazilian kitchen citing "self-imposed" hardship
- Run Pond Road residential expansion approved with storage-only attic condition
- Station Avenue exit for Taco Bell prohibited from making left turns to manage traffic
A major modernization project at the National Grid facility on Whites Path and a new fast-food development on Station Avenue dominated the Yarmouth Zoning Board of Appeals meeting on April 9. National Grid secured a critical height variance for a 100-foot-tall liquid natural gas (LNG) storage tank, while developers for a proposed Taco Bell were forced to accept significantly curtailed operating hours to protect neighborhood character.
Christopher Karine, representing Dessert Deoro Foods Inc., sought a special permit to replace two existing buildings at 433-439 Station Avenue with a 2,094-square-foot Taco Bell featuring a drive-thru. While the project promised to reduce impervious surface by 7,000 square feet and consolidate five curb cuts into two, the applicant’s request for a 2:00 AM weekend closing time met swift resistance from the board. Chair Sean Igoe warned that Yarmouth typically avoids businesses operating past midnight, noting, If you advertise 'Late Night' and stay open until 2:00 AM, you'll draw people from the bars over the bridge.
Karine eventually agreed to a midnight cutoff to secure the board's support.
Traffic safety at the busy South Yarmouth intersection also sparked debate. Member Barbara Murphy raised a real concern about people making a left out onto Station Avenue,
suggesting the exit might need to be restricted to prevent accidents. Traffic engineer Scott Thornton explained that while the site features a two-way left-turn lane, the project would prohibit left turns exiting the facility. To ensure compliance, the board mandated a one-year review and coordination with the town for a crosswalk on Old Townhouse Road for high school students. Motion Made by J. Mantoni to approve the special permit with conditions including a 12:00 AM closing time, no "Late Night" signage, a one-year traffic review, and morning-only deliveries. Motion Passed (5-0).
The board also reviewed National Grid’s plan to replace its 1973 LNG tank at 127 Whites Path. Project Manager Brendan Maloney explained that the new "tank within a tank" containment design must be 100 feet tall—significantly higher than the existing 42-foot structure—to maintain capacity while keeping the vapor dispersion radius within property boundaries. Vice Chair Dick Martin questioned the visual impact, particularly after the clearing of five acres of trees. I'm pondering the 100 feet,
Martin said. I have a hard time believing the visualizations that it won't be visible.
Maloney responded that the property's low elevation and significant setbacks would mask much of the height from Route 6. Motion Made by J. Mantoni to approve the special permit for the replacement structure. Motion Passed (5-0). A second vote was required for the height itself. Motion Made by T. Scanlan to approve the variance for a height not to exceed 100 feet. Motion Passed (5-0).
Residential petitions saw a stricter adherence to zoning bylaws. Arino Dilva of 21 Woodbine Drive requested a variance to allow two gazebos and a traditional Brazilian kitchen to remain just 3.5 feet from his rear property line. Dilva told the board he could not move the structures to the required 6-foot mark because it is very heavy with the grill and the brick.
Member John Mantoni was skeptical, noting that if you moved them forward, the grill would just be further inside the gazebo.
Alternate Rich Chwastiak agreed, describing the situation as a self-created hardship.
Facing a likely denial, Dilva opted to pull the application. Motion Made by J. Mantoni to allow the petitioner to withdraw without prejudice. Motion Passed (5-0). Chair Igoe cautioned that the violation remains in effect until the structures are moved.
In other business, William Bravo received approval for a second-floor addition and third-floor attic at 147 Run Pond Road, a project he previously withdrew earlier this year. Alternate Tim Scanlan successfully pushed for a restriction on the top floor after noting the plans labeled it as habitable. We need to be clear it is for storage and HVAC only,
Scanlan said. Motion Made by J. Mantoni to approve the petition with the condition that the third-floor attic be uninhabitable and unheated. Motion Passed (5-0).