02/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 23, 2011 MINUTES • Attorney Ford said that the Petitioner is aware of the need for Board of Selectmen and Fire Department approval for the proposed increase in tank capacity. The Board of Health has requested the Petitioner to file an operation maintenance agreement for the catch basins. The maintenance agreement will be filed with the Board of Health and the Fire Department. Mr. Taylor Dowdy of Vanasse Hangen Brustlin, Inc. (VHB) said that a typical maintenance agreement calls for inspection of the catch basins at least four times every year. A complete vacuuming out of the catch basins is performed when sedimentation accumulates to greater than six inches. The inspection will be contracted out to another company. Mr. Bonvie expressed his concern with oversight and follow up of the catch basin inspections. Mr. Nelson said that the ZBA has no enforcement authority. Although the ZBA can include the maintenance agreement in its Decision, the ultimate follow up and responsibility rests with the Zoning Enforcement Officer and/or the Health Agent. Attorney Ford said that Mr. Hatem retains responsibility of the entire site, including the bathrooms and the fuel pumps. Attorney Ford said that the Petitioner would agree to removal of the paving to be replaced with landscaping. • Mr. Nelson read notes taken at the meeting on February 18`h with Town Counsel Patrick Costello. "The ZBA does not have authority or power to restrict a business and dictate who owns and/or operates the garage and who owns and/or operates the fuel pinups. The ZBA should focus the permitting process on the nature of the business allowed on the subject property in the zoning district, not on how or who operates. The ZBA can push the limits and see how agreeable the Petitioner is to certain restrictions. The Petitioner is currently licensed to sell cigarettes. The Board can determine if retail sale of other items is allowed or whether the Board will agree to those sales. " The Board indicated that it is not interested in increasing sales of other items. Mr. Blaisdell made a motion to grant a Modification to Special Permit SP -00-215. This is conditioned upon compliance with the following: traffic analysis report. • maintenance agreement for the catch basins as approved by the Board of Health and Fire Department. • the areas where the paving is to be removed must be replanted. (see plan for details). • installation of inspection sticker parking signs. • re -stripe pavement to the left of the building for parking area. • re -stripe pavement to the front of the building as a `no parking area'. • installation of sign for handicap and van -accessible parking spot. • • Vanasse Hangen Brustlin, Inc. plan entitled: "Site Plans Date Issued: December 27, 2010 Proposed Fuel Facility 723 Falmouth Road Mashpee, Massachusetts". 3