01/26/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS January 26, 2011 • Minutes Attorney Ford referred to the stormwater management report conducted by V anasse Hangen Brustlin, Inc. Attorney Ford also referred to the traffic report and asked if the Board had any questions. The Board said it would need more time to study the report. Mr. Dowdy said that the air pump will be placed where the vending machine is located on the plan. Mr. Taylor said that there would probably be a coin-operated vacuum installed in the same area. Mr. Nelson felt that it was unusual for one person to be running a repair shop and another person running the gasoline pumps. He said that the Board could grant a change to the property specifically with Mr. Hatem in mind; and if in the future Mr. Hatem decides to lease the pump to someone else, he could come back before the ZBA to request permission for that end user. Attorney Ford said that it is perfectly legal for a fuel - dispensing business to be operated as a different entity, particularly in the self -serve business. He said that Mr. Hatem would remain the owner of the subject property and would retain responsibility for all operations and actions of the tenant. Attorney Ford said that sale of items such as cigarettes, window wash and motor oil is accessory to the business. No large retail sales are planned. He said that the Board can condition/restrict retail sales by the Petitioner on the property. • Mr. Reiffarth questioned the adequacy of the proposed parking and suggested adding two more parking spaces next to the handicapped parking space. Based on many years of experience, Mr. Hatem feels that the proposed parking is adequate; however, the engineers said they would look into the possibility of adding more parking. Mr. Furbush said that the more parking is always better. Attorney Ford said that removing a large portion of pavement not being utilized and replacing it with landscaping would improve the impervious condition on the site. Attorney Ford said that the parking table references an apartment which does not exist and the plan will be revised to reflect that. Mr. Nelson opened the Hearing to public comment. Ms. Courtney O'Connor of 22 Black Watch Way said that she is in support of the proposal. She is a frequent customer and said that it's nice to see a local business owner making improvements to his business. Mr. Justin Rykers of Brewster operates a landscaping business and said he was very enthusiastic about the proposal. He is a regular customer and said that the perpendicular parking will be more convenient and safer for him when he is hauling his landscape trailers. • Ms. Kathleen Creedon from Cape Cod Healthcare expressed her support of the proposal. She said that she and many of her co-workers frequent the gas station, which offers great 6