HomeMy WebLinkAboutDecision 3291 May 16 1996DECISION
RECEIVED
k'ilea with the Town Clerk: 6 HAY 17
P2:35
Petition No.: 3291 I TOWN OF YARMOJTii
IOWN CLERK & TREASUf11:
Petitioner: Tyree consulting Co.,,
;I
Hearing Date: April 250) 1996
Property Located at:;1308 State Road/Route 2U, south Yarmouth#
Massachusetts (02664)iishown on Assessor's Map 53 as Parcel
F.19
Petitioner requests: A Special Permit under Section 104.3.2 of
the.Yarmouth Zoninq'By-Law for a use authorized in the "Use
Regulation Schedule" Section H6 to allow change, extension and
alteration of preexisting nonconforming structures by the
cone r,sc:tion of a canopy over, and the installation of three
new fuel dispRnaingunits to replace existing fuel dispensinq
•snits, the remDval bf axisring and relccation of new
underground ntorageltanks, the redenign of parking areas and
entryways and the creation of a strPer.-sido. greenbelt with
pedestrian walkway and landscaping. Tn addition, the
Petitionor requeeteIa Variance from the terns of thw Yarmouth
Zoning By Law Soction�03.5 to allow construction of a canopy
over new fuel dispezising unite within required front yard set-
backs, reducing the aet-bac)c for the canopy to 3.8 feet and
Cox I.Le fuel diapeiising . units to approximately 14 feet (on
related uewent pads) from the lay -out of the State Hichway,
Route 28.
Members o= the Board present and Voting:
Jercme Sullivan, Acting Chairman
John Richards
James Robertson
Joseph Sarnosky
Michael O'Loughlin
Notice of the aforesaid hearing was given by sending, written
notice by certified mail, 'return receipt requested to the required
ahnrters and any others; deemed by the Board to be attected by this
mat.t.«,r, and public notice of such hearing was given by publication
held ';n its entirety oThe Register n April 25, 1The 996 in heaheari hearing was
m at ened the
Town Ha11, Town of Yarmouth.
1
Attorney Douglas Murp y of Hyannie, KA6, with Mr. Glenn.
Dougherty of Tyree Consulting, westborough, Ma appeared on behalf
of the Petitioner. The Yeeitioticr repreacnted to thw Board that
the site had been a gasoline asia two bay cervice station since at
least 1969, and that modificativas to the building were effected
pursuant to a building permit issued in 1978, a copy of which was
proffered to the Board. I The owne, and operator intend that the
business of retail sales of gasoline and automotive service and
repairs will continue.
Thw Board was presented with several Exlsibits including a
colored rendering of the proposed site as depicted wL the site plan
filed with the Applications in this matter being a "pL-Qposed Site
Plan 88# 30678 130A State Road, South Yarmouth, Mass drawn by Tyree
Consulting Co. dated .Tanuary 6. 1996'vtith revisions to March 12,
1996", (tho •plan") a co''nylof relevant portions of the Assessor's
map dieclooing the lot cAnf.iguration of lots within the GB zone os:
Route 28 between tha BaIs River Bridge and the Joshua sears
playground at the interserrinn of Wood Road and Route 28, the
building permit dated November 16, 1978 (#Bp#557), and copies of
the Site Plan Rcview.Approval with comments signed off or. by the
various Town Depertmenti_I
Iii addition, the Board receivad a letter from Vacation Inn
Properties In favor of lthe petitions and correspondence from the
Town of Yarmouth Planning Board and Route 28 Task Force voicing
objections or requestini ienditions upon any approval.
In essence, the proposal seeks permission to establish and
more clearly detine curb cuts aL the state highway (two means of
ingress and egress) in place of the raLlser broad acccooee presently
existing: to excavate and remove the existing underground storage
tanks and to replace them1with new tanks relocated on the pre mace
to facilitate delivery of product by large tank LLailers; the
removal of the existing) fuel dispensing stations lsaving eight
separaTP dispensing nozzles together wits the existing co:crete
island and replacement with three separate fuel dispensing sLat_vns
on separate concrete pads having an aggregate of six fuel
dispensing nozzles: together with the construction of a 24 X 64
concrete pad beneath acanopy of approximately 24 X 64 feet in size
which will proviciw shelter from the weather, illumination of the
area at"the ditpenn?nglsfations and facilitate the installation of
fire cuppression nahftrials.
The premises are�lnl.ated in a GB (general business) district.
The Petitioner pointed pun that the shape of this lot, torning
roughly a right triaiigle, with the base on the State Highway
approximately 150 fee:, ounded by the Pine Grove (Town) Cemetery
oil Lhe northweetcrl bo!da and by the Ambassador Motel on the
easLeLly boundary is uniqua within the zoning district.
M
The Site contains apprc
foot frontage on Route 28',
296:47 feet and an easterly i
The GB (general busines
20,000 scraare foot lot area
and side setback of 25 feet.
mately 19,200 square feet with 159
westerly boundary of approximately
Lndary of approximately 239.97 feet.
a) zoning district mandates a minimum
and minimum front setback of 30 feet
The plans presented include the intention of improving the
landscaping and greenbelt. &16ng the State Highway layout, creating
and paving a pedestrian] walk and defining the two curb cut
entrances at the state Highway (wil.il Mass: Highway approval, which
is pending) thereby facilitating and creating a safer means of
Ingress and egress . In addition, repluc t:11jellt of the four existing
fuel stations, each having 2 dispensing nozzles (for an aggregate
8 dispensing nozzles) with three smallci islands each mounting one
2-nozzle dispensing station1for an aggregate of 6 fuel dispersing
nozzles would reduce theInumber of dispensing units and stations
while upgrading the qualitylof the dispensing units.
Removal of the existing underground storage tanks and their
relocation with new tanks l el'sewhere on the Site will enhance safety
and efforts to prevent anylfuel release on site and, as or more
importantly, facilitate the off loading of fuel to the storage
.tanks by the large fuel tractor trailers and enable them to make
safer entry and exit from, the premises due to the alignment of the
tank fill points and the t raffir pattern which will be created.
The inotallation of tha overhead nanopy will be a coraenience
to employees who service the vehicles as well as any customers
exiting their vehicico during fueling.' Furtherwnre, construction
of the canopy affords a means of installing up-to-date illumination
systems which will provide greater illumination more readily
confined to the fuel dispensation area than the existing lighting
systems. With Lhe approval of the pire Department (in accordance
with directions of the Fire Marshall and the local Fire
Department), the carcpy wall enable the installation of fire
suppression systems affording a far better coverage than under the
existing circumstances.) �he canopy will also help to preclude
rain, snow and ice from accumulating and/or nixing with any
petroleum products which might be spilled on the culluzete pad and
thereby enhance safety' for both employees and the travelling
public.
The shape of the lot poses a considerable hardship since it
narrows rapidly to the rear and inhibits the cwner's and operator's
ability to locate the .business activities on the Site in a
reasonab]a fashion, which' would accommodate the size and type of
delivery vehicles necessary to replenish the fuel storage tanks
3
The Board inquired and
and those anticipated if the
Board. I
ras shown the travel patterns existing,
zoning relief sought is granted by the
The Board Members concluded that the proposed landscaping and
iILeeiibelt..Lti, ULL11UU;CntU11L'u Igo the street front segment of the
premises, including the Iproposed curb cuts (which are pending
approval from Mass. Highway). will enhance the appearance and safety
of the Site.
The Site is located in a heavily ,developed commercial area
along the State tiichwayIiri South Yarmouth and the existing use,
i.e. gasoline station and automotive service and repairs (2 bay
garage) are permissible in this zoning district. The Board rinds
that the location of the existing structures on the premises
renders them lawful, pre-existing, non -conforming structures which
encroach within the prescribed setbacks under the current Zoning
By -Law. In addition, the conduct of the gasoline service station
encroaching within required front and -side setbacks is a lawful,
pre-existing use, predating the current Zoning By -Law requirements.
The Petitioner, injconjunction with the construction of the
overhead canopy, intPndn to npt the new fuel dispensing stations 2
to 3 feet further back from the layout of the State Highway than is
the existing 20 foot concrato island which will be removed.
The existing etructure' on the premicee lies within 12 feet of
the sideline which, urderj the current zoning requires a 25 foot
setback and the cxioting'dioponbing unite lie within approximately
12 feet of the front (Stat'e Highway) boundary, while the existing
concrete island approximately 20 foot long lies within
approximately 10 feet of the front boundary. Removing the existing
20 foot long isltuid timid( lime 4 exIaLing dispensing units and
replacing them with 3;1 dispensing units located on individual
concrete pads set back la feet will have aesthetic and traffic flow
benefits.
The Board finds that granting the requested relief to remove
the existing underground tanks and relocate them as shown on the
filed plan, to construct the front and side landscaping including
the paved pedestrian walkway in the front, the grassed area, the
curb cut and new berms, hand the expanded paving for additional
demarcated parking lines, together with the removal of the existing
fuel dispensing island! and the 4 dispensing stations and their
replacement with 3 modern dispensing units surrounded by a concrete
pail apprnximately 24 x160 feet and the construction of a canopy
overhead and likewise 24,X 60 feet in size will create no undue
nuisance, hazard or rocngPattnn and there will be no substantial
hardship imposed upon the I neighborhood nor substantial farm to the
established or future charact.ar of the neighborhood.
4
In addition, the Board finds that the construction of the 3
new pump islands and dispetzsiuy dlaLions to the degree shown on the
filed plan will encroach less on the front setback and that the
size and shape of the lvl. preuent a hardship in developing a
suitable traffic flew while accommodating an overhead canopy for
the safety and CULLVtt111tl13L6 demanded by the public in a modern day
service station. The _ack of such facilities may reasonably result
in diininisheti LuwIlless and 'resultant financial loss.
If the Petitioner were to attempt to comply with the current
setback requirements, it would necessitate relocation of the
existing building and would not afford. adequate coverage to the
fuel dispensing islands, this posing a significant hardship, both
tinancial and otherwise,,initryirg to design satisfactory traffic
flow patterns to service the underground storace tanks.
A Motion was madelbY Mr. Robertson and seconded by MLr.
O'Loughlin to grant the ;A lication for a Special Permit and to
grant a Variance for the canopy and the 3 new pump islands as shown
on the plan submitted and considered at the public hearing, upon
condition that the landscaping design plan sthown thPrPnn be
complied with as the minimum plantings required and that the
-landscaping be maintained in viable fashion cnrm installed.
17pon the foregoing Motion, Mr. Robertson, Mr. O'Loughlin, Mr.
Richards and Mr. Sarnosky voted in the affirmative, and Mr.
Sullivan abstained.
The Special Permit'ia therefore granted and the Variance is
granted, upon the condition set forth in the Motion.
No permits are to ilssle until twenty (20) days from the date
that this Decision is filled with the Town Clerk.
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