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Zoning Board of Appeals Minutes 10/26/2011
MASHPEE ZONING BOARD OF APPEALS
OCTOBER 26, 2011
MINUTES

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, October 26, 2011 at 7:00 p.m. in Conference Room #1 at Mashpee Town Hall, 16 Great Neck Road North.  Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie and Associate Board Member Judith M. Horton were present.  Board Member James Reiffarth was unable to attend.  Associate Board Member John M. Dorsey was not present due to serious illness.  Building Commissioner Richard E. Morgan also attended the meeting.

Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that the meeting was being televised live.  

PLEDGE OF ALLEGIANCE

NEW HEARINGS

Cornelius A. and Maureen Ferris:  Request a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions and alterations of pre-existing, non-conforming structures and a Special Permit under Section 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures to allow for demolition of a pre-existing, non-conforming dwelling to be replaced with construction of a single-family home on property located in an R-3 zoning district at 38 Seconsett Point Road (Map 124 Parcel 39A) Mashpee, MA.  The 2008 Special Permit granted on this property has lapsed.

Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and Ronald S. Bonvie, and Associate Board Member Judith M. Horton.

Cornelius A. and Maureen Ferris:  Request a Variance from Section 174-31 of the Zoning By-laws to vary the frontage requirements to allow for construction of a single-family home on property located in an R-3 zoning district at 38 Seconsett Point Road (Map 124 Parcel 39A) Mashpee, MA.  The 2008 Variance granted on this property has lapsed.

Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and Ronald S. Bonvie, and Associate Board Member Judith M. Horton.

Mrs. Maureen Ferris represented her Petition and stated that she and her husband have been delayed in building a new home on the subject property due to the failing economy. They have finally sold their home in Southborough and can now proceed with their plans. Mrs. Ferris said that the proposal will remain within the footprint of the proposal that the Board approved in 2008.  She said that final architectural design plans will be completed in approximately two weeks.  Mr. Richard Nugent accompanied Mrs. Ferris and helped her represent her Petition and said that the only changes that have been made to the proposal are within the interior of the home.  

The open Order of Conditions from the Conservation Commission expires on October 23, 2013.  The Board recommended that the Petitioner verify the expiration date of the Order of Conditions with the Conservation Commission. The Board also advised the Petitioner to notify the Board of Health of the revised plans.

Mr. Bonvie requested the Building Commissioner to ensure that construction does not go beyond the footprint of the submitted plan.  Mr. Morgan assured him that the footprint will not be exceeded.

No comments were received from abutters.

Mr. Blaisdell made a motion for a Written Finding and a Special Permit to allow for demolition of a pre-existing, non-conforming dwelling to be replaced with construction of a single-family home on the subject property.  Findings: the proposal is not substantially more detrimental than what currently exists; there is adequate parking.  Mr. Blaisdell also made a motion to grant a Variance of 75 feet from the frontage requirements.Findings: the long, narrow shape of the lot creates a hardship for the Petitioner to meet the frontage requirements.  These Decisions are subject to the following: Conservation Commission approval; Board of Health approval; J. E. Landers-Cauley plan entitled “SITE PLAN PREPARED FOR CORNELIUS AND MAUREEN FERRIS OF 38 SECONSETT POINT ROAD, MASHPEE, MA. REV. 09/25/08, 10/02/08, 10/09/08, 09/27/10”; lot coverage will not exceed the proposed 15.5%.  Mr. Furbush seconded the motions.  Mr. Nelson voted yes.  Ms. Horton voted yes.  Mr. Blaisdell voted yes.  Mr. Bonvie voted yes.  Mr. Furbush voted yes.  Votes were unanimous.  

Hatem Enterprises Nominee Trust: Requests a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions, alterations of pre-existing, non-conforming structures and Modification of Special Permits SP-2000-215 and SP-2011-03 to allow for the following: removal of the existing canopy and  pumps to be replaced with installation of a new canopy and five new fuel pumps, installation of a new kiosk, demolition and removal of the existing service building and service use on property located in an I-1 Zoning district at 723 Falmouth Road (Map 81 Parcel 2) Mashpee, MA.

Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and Ronald S. Bonvie and Associate Board Member Judith M. Horton.

Attorney Michael D. Ford represented the Petitioner, who was present at the meeting. Several employees of the engineering firm Vanasse Hangen Brustlin, Inc. (VHB) were also in attendance: Site Engineer Taylor Dowdy, and Project Engineers William Taber and Randall Hart.  The VHB Stormwater Management Memo for the Proposed Fuel Facility dated August 23, 2011 and the VHB Traffic Impact Study for the Proposed Fueling Facility were submitted along with the Petition.  The stormwater management memo states that “no negative stormwater impacts are anticipated by the redevelopment of this site.”  The traffic impact study dated September 30, 2011 states that “the project is not expected to have a significant impact on traffic operations along Falmouth Road (Route 28)”.

The subject property is located in an Industrial zoning district at 723 Falmouth Road and contains approximately 40,000 square feet of land.  The property meets the frontage and land space requirements.  In 2000, the ZBA granted a Special Permit allowing for development of a gas fuel-dispensing operation, a non-conforming use. There is also a 3,000 square-foot building on the subject property currently being used for auto repairs, oil changes and issuance of inspection stickers.  In 2011, Modification of the 2000 Special Permit allowed for replacement of the three-pump dispensing area with a four-pump dispensing area, a canopy and kiosk, and continued use of the service building/garage.    
  
The Petitioner is requesting Modification of the 2011 Special Permit/Written Finding to allow for demolition and removal of the 3,000 square-foot vehicle service building/garage.  Plans also call for installation of five fuel-dispensing pumps (10 dispensing areas), installation of a larger canopy and reconstruction of the kiosk.  The capacity of gasoline will be increased from the existing 23,000 gallons to 40,000 gallons which will be stored in two tanks.  This proposal will decrease the encroachment into the setback from the street.  The rear setback will be 170 feet.  Improvements to the property include installation of new underground, non-corrosive, double-walled tanks, all new piping, a new monitoring system for vapor detection, overflow and spill containment protection.     

The kiosk will consist of 127 square feet.  Sale of products normally connected with a fueling facility, such as quarts of oil, will be sold at the kiosk. No cigarette sales are planned.  Mr. Morgan asked the Petitioner to submit a list of exactly what items will be sold in the kiosk.  

The existing septic system is an alternative system that will be connected to the single bathroom in the kiosk.  The septic system meets Board of Health approval.  

The Plan Review Committee and Design Review Committee have approved the proposal. Some of the conditions include changes to the landscaping plan.  The contractor must guarantee the plantings for three years.  Watering for the landscaping will be done by means of a truck brought onto the site or an on-site well.  Public water supply shall not be used for irrigation of the landscaping.  

Fire Chief Baker sent a memo dated October 27, 2011 to the ZBA office confirming that he has reviewed the proposal and that it meets Fire Department requirements.  Because the project is a self-serve station, it will require additional permitting and review from the State Fire Marshall.  The proposed increase in tank capacity requires Board of Selectmen approval.

Mr. Taylor Dowdy said that the proposal will be set back 48.8 feet from Route 28. Responding to Mr. Furbush’s question, he said that the location of the septic prevents the proposal from being located further away from Route 28.  The parking area and sloping topography also restrict location of the canopy and fuel tanks.  

Mr. William Taber said that the Fire Department issues the permit for location of the underground tanks.  He stated that the Petitioner must comply with Department of Environmental Protection guidelines for removal of the tanks.  Mr. Bonvie said that the existing underground tanks should be shown clearly on the plan.  He also said that the wording in the conditions should be changed from “catch basins” to “drainage system”.  

Mr. Nelson said that the Board will require a deposit of $5,000 to pay for Engineer Consult Charles L. Rowley, who will be acting in behalf of the Board.  He will review the proposed plans and conduct site inspections of the subject property.  Attorney Ford said that the State Fire Marshall has exclusive jurisdiction in approval of the gas station. Mr. Nelson maintained that an expert engineer should review the plans and the drainage system.  

Mr. Nelson said that the Petitioner must receive Plan and Design Review approval of the proposed signage.

Building Commissioner Richard Morgan said that the plans for the canopy must be stamped and signed and submitted to him.  Mr. Taber said that a full set of structural plans with the steel work and footings will be submitted as part of the Building permit application.  

Mr. Brent McFarlane of 35 Carter Lane said that he is in full support of the proposal and commended the Petitioner for making ingress and egress safer.

Ms. Sally Packino of 15 Riverview Avenue said that the proposal will be an improvement to the property.

Ms. Barbara Winslow of Ashumet Road said she is a longtime patron of Johnny’s Tune and Lube and expressed her approval of the proposal.

Mr. Blaisdell made a motion to grant the Written Finding and Modification of a Special Permit SP-2011-03 with the following conditions:
  • paving areas to be removed must be replanted.
  • the removed paving material must be disposed of in a proper location off-site and in the manner specified by law.
  • installation of directional signage for parking areas, as well as handicap and van-accessible parking spot.
  • installation of a recycle container at the dumpster location.
  • Petitioner will submit a list of retail sale items to the Building Commissioner and to the ZBA.  Retail sale, other than what is currently allowed, is prohibited.  
  • subject to Fire Department approval of radius and access.
  • traffic analysis report.
  • maintenance agreement for the drainage system as approved by the Board of Health and Fire Department.
  • per Board of Health:
  • Petitioner shall provide a letter from a Registered Professional Engineer stating the existing soil absorption system will accommodate the proposed flow.
  • subject to a septic inspection.
  • prior to building permit sign-off, a Mashpee licensed septic installer must obtain a septic permit for repair of the sand filter on the existing soil absorption system.       
  • tank registration.
  • Board of Selectmen and Fire Department approval of proposal to install larger-capacity underground tanks.
  • State approval of the proposal.  Vanasse Hangen Brustlin, Inc. plan entitled: “Site Plans Date Issued: August 16, 2011; Proposed Fuel Facility 723 Falmouth Road Mashpee, Massachusetts”.
  • Vanasse Hangen Brustlin, Inc. plan entitled: “Site Plans Date Issued: August 16, 2011; Proposed Fuel Facility 723 Falmouth Road Mashpee, Massachusetts”.  Sheet L-1 Landscape Plan, Note #5 shall be revised to reflect a 3-year guarantee period via watering truck or the installation of an on-site well.  Public water supply shall not be used for irrigation.  Two (2) full-size copies of revised Sheet L-1 shall be submitted to the Building Department and ZBA.
  • Agnoli Sign Company, Inc. plan entitled: “Gas Station Signage Elevations Date Issued: September 29, 2011; Proposed Gas Development 723 Falmouth Road, Mashpee, Massachusetts”.  Approval for signage from the Design Review Committee is required – no internal lighting on canopy or signage.  Petitioner will submit two (2) full-size copies of final signage approval - stamped and signed - by the Design Review Committee to the Building Department and ZBA.
  • Petitioner shall submit $5,000 to the ZBA to be deposited into an account to cover ZBA consulting engineering service fees.  Any balance shall be returned to the Petitioner.
Findings: that the proposal is not substantially more detrimental than the existing non-conforming structure or use to the neighborhood for the following reasons:  
  • installation of the proposed environmental safety features will be a vast improvement to the property.
  • proposed removal of a large portion of the pavement and replacement with landscaping will improve the impervious condition on the property.
  • the proposal meets the minimum land space, frontage, side, and rear setback requirements.  
  • the proposal will reduce encroachment into the front setback requirements.
OTHER BUSINESS

Approve/Sign Voucher: Charles L. Rowley Review of site plans concerning development of project at 52 Mercantile Way - Franey Medical Laboratories, Inc.

Mr. Bonvie recused himself.  Mr. Blaisdell made a motion to approve and sign the voucher to reimburse Mr. Rowley for his site review of 52 Mercantile Way.  Mr. Nelson seconded the motion.  Ms. Horton voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Nelson voted yes.  Motion passed.

Approve/Sign Subdivision Plan: 24 Russell Road.  Mr. Blaisdell made a motion to approve and sign the subdivision plan.  Mr. Furbush seconded
the motion.  Mr. Nelson voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Bonvie voted yes.   Ms. Horton voted yes.  Vote was unanimous.

Distribute Confidential Litigation/Settlement Communication: Joseph Dunne v. Mashpee ZBA.

Distribute Litigation Documents:  Land Court Docket No. 11-MICS-454696: Leslie A. Wagner Caffyn, et al. v. Robert G. Nelson, et al.  

Accept October 12, 2011 Minutes
Ms. Horton made a motion to accept the Minutes.  Mr. Blaisdell seconded the motion. Mr. Nelson voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Bonvie voted yes.  Ms. Horton voted yes.  Vote was unanimous.

Mr. Blaisdell made a motion to adjourn the meeting.  Mr. Furbush seconded the motion. Ms. Horton voted yes.  Mr. Blaisdell voted yes.  Mr. Bonvie voted yes.  Mr. Nelson voted yes.  Mr. Furbush voted yes.  Meeting was adjourned at 8:35 p.m.  

Respectfully submitted,

Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals