10/26/2011 ZONING BOARD OF APPEALS Minutes

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lOwn of Mashpee {. 16 Great J��eck '1`pad Xor di Nfastipec, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A FINDING AND MODIFICATION OF SPECIAL PERMIT SP-2011-39 Hatem Enterprises Nominee Trust Map 81 Parcel 2 723 Falmouth Road Registry of Deeds Title Reference: Mashpee, MA 02649 Book: 13785 Page: 107 A Petition was filed on September 29, 2011 by Hatem Enterprises Nominee Trust for a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions, alterations of pre-existing, non-conforming structures and Modification of Special Permits SP-2000-215 and SP-2011-03 to allow for the following: removal of the existing canopy and pumps to be replaced with installation of a new canopy and five new fuel pumps, installation of a new kiosk, demolition and removal of the existing service building and service use on property located in an I-1 Zoning district at 723 Falmouth Road(Map 81 Parcel 2) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 7, and October 14, 2011, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on October 26, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and Ronald S. Bonvie and Associate Board Member Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Attorney Michael D. Ford represented the Petition along with several employees of the engineering firm Vanasse Hangen Brustlin, Inc. (VHB): Site Engineer Taylor Dowdy, and Project Engineers William Taber and Randall Hart. Mr. Hatem was also present. In 2000, the ZBA granted a Special Permit allowing for development of a gas fuel-dispensing operation. In 2011, Modification of the 2000 Special Permit allowed for replacement of the three-pump dispensing area with a four-pump dispensing area, reconfiguration of the canopy and kiosk, and continued use of the service building/garage. The Petitioner is requesting a Finding/Modification of the 2000 and 2011 Special Permits. This proposal calls for demolition and removal of the 3,000 square-foot service building/garage. Plans call for installation of five fuel-dispensing pumps (10 dispensing areas), installation of a larger canopy and reconstruction of the kiosk.