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t <br /> Mashpee Zoning Wags Road Realty Trust V-00-216 2 <br /> Board of Appeals <br /> public use. Research studies prove that a substantial loss of business or revenue result <br /> when a canopy is not available. <br /> The Board has granted the Petitioner a Special Permit for permission to remove , <br /> the dilapidated pre-existing,non-conforming structure to allow for construction of the <br /> new service station and gasoline pumps. <br /> Mr. Govoni read a letter from the Falmouth Zoning Board of Appeals that stated: <br /> "During the past five or six years Hatem Enterprise has appeared before the Falmouth <br /> Zoning Board of Appeals on a variety of projects" and that Mr. Hatem is "very <br /> cooperative and develops the properties as represented. When an issue has arisen,Mr. <br /> Hatem has been very prompt to address the situation". <br /> Mr. David Hendrick, an abutter, said that the proposal would be a"great <br /> improvement"to the subject property. <br /> No other comments were received from abutters. <br /> VARIANCE CRITERIA <br /> i <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 /> GENERAL FINDINGS <br /> 1. that the subject property is located at 723 Falmouth Road and consists of <br /> 40,901 square feet of land. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. due to a 600-foot frontage requirement, a 150-foot front setback requirement, <br /> a 30-foot side setback requirement, a 50-foot rear setback requirement,there <br /> is very little space for any development on this site; therefore, a literal <br /> enforcement of the By-laws would involve hardship to the Petitioner. <br /> 2. Variance relief allowing for construction of a gasoline/service station on the <br /> subject property was granted in 1978;therefore,relief may be granted without <br /> derogating from the intent or purpose of the By-laws. <br /> 3. the sloping topography affects the subject lot and not the district in which it is <br /> located and dictates location of the proposal. <br /> 4. because the proposal would be an improvement to the subject property and <br /> would provide a much-needed service to the community, relief may be <br /> granted without detriment to the public good. <br /> i <br />