3/12/2003 ZONING BOARD OF APPEALS Minutes

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a Mashpee Zoning Board of Appeals Minutes of March 12, 2003 3 May 30, 2003. If things are worked out before then, please cone before the board for an appointment. The motion is seconded. So moved. Bourne Petroleum: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the setback requirements in order to erect a 4' x 30' canopy in front of the food mart on property located in an R-5 zoning district at 135 Main Street Map 37 Parcel 58) Mashpee, MA. owner of Record: S. Joseph DiMaggio AND Bourne Petroleum: Requests a Special Permit under Sections 174-17 and 174-25 of the Zoning By-laws in order to expand a pre-existing non-conforming service station on property located in an R-5 zoning district at 135 blain Street (Map 37 Parcel 58) Mashpee, MA. owner ofRecord: S. Joseph DiMag * Sitting: James Regan, Marshall Brem and Robert Nelson Attorney Kevin Kirrane represents the petitioner. He is seeking a Special Permit and a Variance for proposed use at the property in question at 135 blain Street owned by Joseph DiMaggio. He is seeking to install a canopy over the gas island and alter the use of the premises to include a foot mart. Currently the applicant has a lease to operate the proposed businesses on site with an option to purchase the site. The site has been considerably cleared up with removal containing 10 tons of debris, which clearly improves the property, and most everyone is pleased with that. There are several people namely Randolph Peters, Jr. and Paul Mills who have some questions about the property but are for the most part very happy with Mr. Bourne. Mr. Bourne intends to maintain a full service station (including motor vehicle towing, repair and inspection services. The sale of propane gas fuel will continue and the retail gas gill parts business will be replaced by a retail food mart. The applicant expects a sub-lease for the motor vehicle service and inspection business to a Mashpee resident Steven Philbrool . As for the modification of use, the cosmetic changes to the building and the side will b aesthetically pleasing. Additionally, 1,000 square feet ofretail space is proposed with the addition of a wally in cooler and new handicap restroom. He also intends to increase the landscaping around the property as well. The other space in the building will be dedicated to the automotive service and related uses. The overall cleanup and proposed changes will not be substantially more detrimental to the neighborhood. The canopy will encroach upon the existing setback and they do need relief from that. There are back taxes due on the property that must be taken care of before anything can be decided. The Board would also life to have the property defined regarding maximum of cars allowed, etc, The Board and the petitioner discuss size of proposed fencing as well as color scheme rather than all decals. Mr. Regan would life to see storage on the plan as well. He also requests that a copy of the 21 g Report from Mr. Bourne, which he states i currently a work in progress, get copied to the Board. The Board moves to continue this matter to April. 'h for a more "defined" sense of what will be used at that property. Mr. Bourne will meet with the Design Review Committee and go from there. Marshall Brem