12/13/2000 ZONING BOARD OF APPEALS Decisions

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•y a Mashpee Zoning Wags Road Realty Trust SP-00-215 2 Board of Appeals 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 Ms. Paula Kelley from Attorney Ament's office. The Zoning Board of Appeals granted a Variance on the subject property allowing for construction of the gasoline/service station. Mr. Govoni read a letter from the Falmouth Zoning Board of Appeals that stated: "During the past five or six years Hatem Enterprise has appeared before the Falmouth Zoning Board of Appeals on a 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. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6,require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. GENERAL FINDINGS 1. that the subject property is located at 723 Falmouth Road and consists of 40,901 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. there is adequate land area to provide sufficient parking. 2. while the proposed construction will increase the non-conforming nature of the structure,the proposal would provide a much-needed gasoline service and repair station within the Town;therefore,the changes will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structure and its use. 3. removal of the existing, dilapidated structure would be an improvement to the r' subject property and to the neighborhood. r. f�X