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03/22/1995 ZONING BOARD OF APPEALS Decisions
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03/22/1995 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Mobil Oil Corporation SP-95-28 2. <br /> Attorney I D. Murphy and Engineer Frank Quigley represented the applicant. <br /> Attorney Murphy reviewed plans for the change of an existing gasoline service and repair <br /> station to a station for gasoline sales and a convenience store. He explained that the <br /> station was a pre-existing non-conforming structure and the expansion would include a 6 <br /> foot by 26 foot addition to the building and the construction of a 67 foot by 36 foot <br /> overhead canopy over new gasoline pumps. The proposed canopy will overhang the front <br /> of the existing building but will not be connected to the building and will be set back from <br /> the layout of Falmouth Road approximately 3.42 feet. <br /> The Board was informed that the Selectmen have approved the installation of three <br /> new gasoline tanks, the Board of Health has approved a new septic system and the <br /> Mashpee Department of Public Works and the State Department of Public Works have <br /> approved changes in the curb cuts and the extension of an off-site traffic island. <br /> Special Permit Criteria: Section 9 of Chapter 40A requires that the special permit <br /> granting authority make the finding that the use is in harmony with the general purpose <br /> and intent of the by-laws and complies with the provisions set forth therein. Section 6 of <br /> Chapter 40A requires the additional finding that any extension, alteration or change to a <br /> pre-existing non-conforming use or structure shall not be substantially more detrimental to <br /> the neighborhood than the existing non-conforming use. <br /> FINDINGS <br /> A. General <br /> 1. The property is an approximately 55,000 square foot triangular shaped lot with <br /> 301 feet of frontage on Falmouth Road/Route 28 and approximately 46 feet of <br /> frontage on Great Neck Road. The lot is within the commercial zoning <br /> district. <br /> 2. The property has been used for a gasoline sales and automotive repair service <br /> station since 1967. <br /> 3. The existing structures on the lot do not conform to the current Zoning By- <br /> laws insofar as they encroach upon existing setback requirements. <br />
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