10/26/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Hatem Enterprises Nominee Trust 723 Falmouth Road Mashpee, MA 02649 SP-2011-39 Mr. Taylor Dowdy said that the proposal will be set back 48.8 feet from Route 28. He said that the septic system, parking area and sloping topography restrict location of the canopy and fuel tanks. Mr. William Taber stated that the Petitioner must comply with Department of Environmental Protection guidelines for removal of the tanks. The proposed increase in tank capacity from the existing 23,000 gallons to 40,000 gallons requires Board of Selectmen approval. Fire Chief Baker's memo dated October 27, 2011 states that he has reviewed the proposal and that it meets Fire Department requirements. Because the project is a self-serve station, it will require additional permitting and review from the State Fire Marshall. The VHB Stormwater Management Memo for the Proposed Fuel Facility dated August 23, 2011 states that "no negative stormwater impacts are anticipated by the redevelopment of this site". The VHB Traffic Impact Study for the Proposed Fueling Facility dated September 30, 2011 states that "the project is not expected to have a significant impact on traffic operations along Falmouth Road (Route 28)". The Plan Review Committee and Design Review Committee have approved the proposal. Several individuals in attendance voiced their support of the proposal. GENERAL FINDINGS: The subject property is located at 723 Falmouth and consists of 40,915 square feet of land in an Industrial-1 Zoning district. &174-17: Continuance,Alterations, Extensions: Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements and 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 Zoning Board of Appeals. Although said Finding shall not constitute a Special Permit as defined by the General Laws and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such Findings. SPECIFIC FINDINGS: The Board determined that: • there is adequate land area to provide sufficient parking and setbacks as may be required. • the proposal is not substantially more detrimental than the existing non- conforming structure or use to the neighborhood because installation of the proposed environmental safety features will be a vast improvement to the property; the proposed removal of a large portion of the pavement and replacement with landscaping will improve the impervious condition on the property; the proposal meets the minimum land space, frontage, side, and rear 2