01/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 10, 2001 11 Board of Appeals Design Review Committee has also requested a Landscape Performance Security of $15,000. Attorney Kevin M. Kirrane represented the Petition. The proposal calls for removal of the existing building and construction of a"state of the art" facility with a gasoline pump island beneath a canopy,three service bays and anoffice/waiting room area. Parking will accommodate 19 vehicles. fill ' The ZBA granted a Use Variance in 1978 on the subject property and allowed for the gasoline/service station use. The Petitioner is requesting a Variance to continue the use and to obtain relief from setback and frontage requirements. The proposal does not meet the 150-foot front setback requirement on the westerly side setback requirement. The subject property does not meet the 200-foot frontage requirement. Due to the By-law requirement of 150-foot front setback from Route 28 and a 30-foot side setback from Wags Road,there is very little space for any development on this site. The proposal calls for a greater encroachment from the front setback requirements than currently exists to accommodate construction of the canopy. It has been established that the use of a canopy is the standard in the industry and provides shelter from the elements and safer conditions for public use. Research studies prove that a substantial loss of business or revenue result when a canopy is not available. The Petitioner is also requesting a Special Permit for permission to remove the dilapidated pre-existing, non-conforming structure to allow for construction of the new service station and gasoline pumps. The proposal would be a substantial improvement and would provide a much-needed service to the Town. Mr. Hatem,proposed developer and owner of two gasoline service stations in Falmouth, attended the meeting along with Messrs. Peter and Bruce Garrett of Volta Oil and Paula Kelley from Attorney Ament's office. J'n)4 Mr. Govoni read a letter from the Falmouth ZBA that stated: "During the past five or six years Hatem Enterprise has appeared before the Falmouth Zoning Board of Appeals on a p variety of projects" and that Mr. Hatem is "very cooperative and develops the properties as represented. When an issue has arisen, Mr. Hatem has been very prompt to address the situation". Mr. David Hendrick, an abutter, said that the proposal would be a "great improvement" to the subject property. No other comments were received from abutters. Mr. Regan moved to grant the following: • a Variance of 115 feet from the proposed canopy to Falmouth Road. • a Variance of 49.2 feet from the proposed building to Falmouth Road. 0 a Variance of 24.1 feet from the proposed building to Wags Road.