10/26/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 26, 2011 MINUTES • The subject property is located in an Industrial zoning district at 723 Falmouth Road and contains approximately 40,000 square feet of land. The property meets the frontage and land space requirements. In 2000, the ZBA granted a Special Permit allowing for development of a gas fuel -dispensing operation, a non-confonning use. There is also a 3,000 square -foot building on the subject property currently being used for auto repairs, oil changes and issuance of inspection stickers. In 2011, Modification of the 2000 Special Permit allowed for replacement of the three -pump dispensing area with a four -pump dispensing area, a canopy and kiosk, and continued use of the service building/garage. The Petitioner is once again before the ZBA requesting Modification of the 2011 Special Permit/Written Finding. The Petitioner is requesting demolition and removal of the 3,000 square -foot vehicle 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. The capacity of gasoline will be increased from the existing 23,000 gallons to 40,000 gallons which will be stored in two tanks. This proposal will decrease the encroachment into the setback from the street. The rear setback will be 170 feet. Improvements to the property include installation of new underground, non -corrosive, double -walled tanks; all new piping, a new monitoring system for vapor detection, overflow and spill containment protection. The kiosk will consist of 127 square feet. Sale of products normally connected with a • fueling facility, such as quarts of oil, will be sold at the kiosk. No cigarette sales are planned. Mr. Morgan asked the Petitioner to submit a list of exactly what items will be sold in the kiosk. The existing septic system is an alternative system that will be connected to the single bathroom in the kiosk. The septic system meets Board of Health approval. The Plan Review Committee and Design Review Committee have approved the proposal. Some of the conditions include changes to the landscaping plan. The contractor must guarantee the plantings for three years. Watering for the landscaping will be done by means of a truck brought onto the site or an on-site well. Public water supply shall not be used for irrigation of the landscaping. Fire Chief Baker sent a memo dated October 27, 2011 to the ZBA office confirming 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 proposed increase in tank capacity requires Board of Selectmen approval. Mr. Taylor Dowdy said that the proposal will be set back 48.8 feet from Route 28. Responding to Mr. Furbush's question, he said that the location of the septic prevents the proposal from being located further away from Route 28. The parking area and sloping topography also restrict location of the canopy and fuel tanks. • Mr. William Taber said that the Fire Department issues the permit for location of the underground tanks. He stated that the Petitioner must comply with Department of Environmental Protection guidelines for removal of the tanks. Mr. Bonvie said that the 3