01/26/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS 723 Falmouth Road Mashpee, MA 02649 Hatem Enterprises Nominee Trust SP-11-03 operation. Attorney Ford said that Mr. Hatem's long-term goal is to operate only the service garage and is considering the possibility of leasing the gas-dispensing operation to another user. Mr. Hatem would remain the owner of the subject property and would retain responsibility for all business operations on the site, including those of the tenant's. Mr. Taylor Dowdy said that the existing stormwater system will divert water before it drains onto Route 28 into deep sump catch basins going into underground leaching chambers. The Petitioner must file an operation maintenance agreement for the catch basins with the Board of Health and the Fire Department. Mr. Taylor Dowdy of Vanasse Hangen Brustlin, Inc. (VHB) said that a typical maintenance agreement requires inspection of the catch basins at least four times every year. A complete vacuuming out of the catch basins is perfonned when sedimentation accumulates to greater than six inches. Mr. William S. Taber detailed the proposed environmental safety features. Some of the features include double-walled, non-corrosive, underground storage tanks and piping. Continuous monitoring systems will be installed to monitor the system. Vapors displaced by the fuel tankers during filling will be diverted back into the tanker truck. Vapors displaced by fueling customers will be drawn back into the system. Overfill protection will prevent spillage from the tanker to the tanks. Spill containment manholes will collect any losses from the tanker hoses. A camera system will be installed to monitor all of the fuel pump locations. A fire-suppression system (both automatic and manual) inside the canopy will engage in the case of a fire. In the event of spills greater than 10 gallons, the Massachusetts DEP and Mashpee Fire Department must be notified within several hours. Several people in attendance at the January 26, 2011 Public Hearing voiced their enthusiastic support of the proposal. GENERAL FINDINGS: The subject property is located at 723 Falmouth Road and consists of 40,915 square feet of land in an Industrial 1 zoning district. FINDING OF FACT CRITERIA: Non-conforming Buildings and Uses - §174-17 Continuance; Extensions; Alterations: Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. Although said finding shall not constitute a special permit as defined by the 2