HomeMy WebLinkAboutDecision 3537FILED WITH TOWN CLERK:
PETITION NO: 03537
TOWN OF YARMOUTH
BOARD OF APPEALS
I DECISION
i.A
13,1999
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HEARING DATE: April 8,1999 PETITIONER: Decker & Company, Inc. dba Xtra Mart Convenience Store
PROPERTY: 1281 Route 28, South Yarmouth
Map: 60 1 Parcel: 132 Zoning District: B2
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MEMBERS PRESENT AND VOTING: James Robertson' acting Chairman, Joseph
Sarnosky, Audrey Miller, Roger,Tuttle, Richard St. George.
It appearing that notice of said hearuig has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public by
posting notice of the hearing and 1pul lished in The Register, the hearing was opened and held on
the date stated above. • ;;I I
The petitioners seeks a Variance' from bylaw §203.5 in order to construct a canopy above the
existing pump island of this existing gas station and convenience store.
The petitioner is represented at the
hearing by Mr. Conrad Decker.
The petitioner proposes to construct' a canopy above the pump island of this gas station. The
canopy will be supported by two central columns, as shown on the petitioner's site plan (dated 2-
10-98 and signed 3-20-99). The"cariapyis lower edge would be some 14 1/2' high The canopy
roof would extend to within 2.6' of die property's lot line, but would be approximately 32' from
the edge of the Route 28 pavementl avel area. In compliance with the recommendations of the
Site Plan Review Team,.the canopy will be white in color, and will have an angled "mansard"
style rood as shown on the plans. M addition, the owners will place, and maintain, free-standing
planters (and plantings within them) lat each end of the pump island. No other buffer upgrades
appear feasible, given the site's liffi tations. .
The petitioner represents that, while the gas station business wd1 remain a full service operation,
they will upgrade the fire detection and suppression equipment to current "self-service" standards,
to the requirements of the Fire Department.
Correspondence was received 'fro rn the Route 28 Task Force, Planning Board, and Site Plan
Review team
The Board finds that the requirements of § 102.2.2 have been met. The board finds that there exist
special circumstances relating to the shape of the land/structure, and that the literal enforcement
of this bylaw would cause undue hardship to the petitioner, and that the relief requested can be
granted without causing substar tial l detriment to the public good and without substantial
derogation from the intent and purpose of the bylaw.
Therefore, a"Motion was made by Mr. Samasky, seconded by Mr. St: George, to grant the
Variance, 'as requested and as represented in the hearing, and as shown on the petitioners plan
dated 2-10-98, in order to allow the petitioner to construct the proposed canopy, and on the
condition that the petitioner comply the representations set forth above, and with the plans
submitted.' '
Mr. Sarnosky, Mrs. Miller, Mr. Tutt a and Mr. St. George voted in favor of this motion. Mr.
Robertson voted in opposition to the motion. Therefore, the Variance is granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
. from this decision shall be made pursuant to MGL c40A §17 and must be filed within 20 days
after the filing of this notice/decision kith the Town Clerk.
David S. Reid,