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02/26/2003 ZONING BOARD OF APPEALS Decisions
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02/26/2003 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning Gary J. Bourne, Bourne Petroleum <br />Board of Appeals Owner: S. Joseph DiMaggio <br />2 V-03-28 <br />at the existing dwelling 135 Main Street currently owned by S. Joseph DiMaggio. <br />• Currently the applicant has a lease to operate the proposed businesses on site with an <br />option to purchase the site. The site has been considerably cleaned up with removal <br />containing 10 tons of debris, which clearly improves the property. Mr. Bourne intends to <br />maintain a full service station (including motor vehicle towing, repair and inspection <br />services. The sale of propane gas fuel will continue and the retail gas grill parts business <br />will be replaced by a retail food mart. The canopy will encroach upon the existing <br />setbacks, which they are seeking relief from. The Board is acutely aware that canopys <br />have become an integral part of this kind of use, particularly with the advent of the self- <br />service stations. There is also evidence that due to the shape of this parcel combined with <br />the location of the building and pumps that conditions exist to have the Board grant the <br />requested Variance without detriment to the neighborhood or the Town as a whole. The <br />Design Review Committee has approved the plans of the canopy that Mr. Bourne has <br />submitted. The Board moves to grant the following: <br />• A Variance of 23.6 feet on Main Street to erect the canopy <br />A Variance of 6.8 feet on the side for the canopy to be erected. <br />GENERAL FINDINGS <br />1. that the subject lot is located at 135 Main Street and contains approximately <br />47,961 square feet. <br />VARIANCE CRITERIA <br />Section 10 of Chapter 40A requires that the permit granting authority determine <br />that there are circumstances relating to the shape and topography which affect this lot and <br />not the district in which it is located and that a literal enforcement of the By-laws would <br />involve hardship to the petitioner. <br />SPECIFIC FINDINGS <br />1. that there are circumstances relating to the shape and topography that affect <br />0 <br />the subject lot and not the district in which it are located. <br />
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