03/22/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Mobil Oil Corporation SP-95-28 3. B. Specific 1. The existing gasoline and service station constitutes a lawful pre-existing structure and use entitled to be continued under Section 174-17 notwithstanding that it does not conform to the current provisions of the Zoning By-laws. 2. The current zoning authorizes a store for retail sale of merchandise in this zoning district by Special Permit under Section 174-25.E.1. 3. While the construction of the canopy will increase the non-conforming nature of the structure the Board determined that the change will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structure and its use. 4. The plans of the proposed structure, its location on the lot, and the intended use of the structure comply with the general provisions set forth within the By- laws. 5. The proposed reconstruction will permit substantial improvement to the existing site conditions with a new septic system and new gasoline storage tanks. 6. The traffic pattern should be improved with the redesign of the curb cuts, the extension of the Route 28 island and the restriction on left turns from the curb cut near the Rotary. 7. The site is both adequate and suitable for the proposed use and provides sufficient land area for parking. For the foregoing reasons the Board determined that the applicant met the criteria necessary to grant a Special Permit. Upon motion duly made and seconded the Board of Appeals voted unanimously on March 22, 1995 to grant the following Special Permit: 1. to allow the alteration, change and expansion of a lawfully pre-existing non- conforming gasoline sale and automotive repair facility to eliminate automotive repair and permit gasoline sales with the addition of a convenience store.