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Home My WebLink About1991-06r i 1991-06 MOBIL OIL CORPORATION mac' cb z 0 H O a r O I U a H i O a 1-I Fa o rn 1 Town of Barnstable Zoning Board of Appeals Varianceiy , Decision and NoticeTJ11. Petition: 1991-06 91 Petitioner : Mobil Oil Corporation Summary of Relief Sought: At a regularly scheduled hearing of the Zoning Board of Appeals, held on January 24, 1991 , notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the petitioner, Mobil Oil Corporation, represented by Attorney Michael B. Stucce, petitioned the Board for a Variance from Section 3-3 .6 (5) Bulk Regulations, Minimum Front Yard Setback. The petitioner's site is located on Assessor's Map/Parcel Number 328/151 , commonly addressed as 156 Iyanough Road (Route 28) , Hyannis, MA, in an HB - Highway Business District and WP Well Protection Overlay District. The petitioner applied for a Variance to the 100 foot minimum front yard setback required within HB Zoning District along Route 28 ( Iyanough Road) . This petition for a Variance is related to an application for a Special Permit #1991-07 which is at the subject site. The petitioner is requesting the Board to grant a Variance to permit the construction of an overhead gas service area canopy. The petitioner's request was heard by Board members : Ron Jansson, Dexter Bliss, Bruce Burlingame, Betty Nilsson and Wayne Brown. Summary of Evidence: The need for this variance was discussed and documents were submitted that the use and location of the existing structure with regards to its setbacks were non-conforming. Finding of Facts : At the meeting of January 24, 1991 , the Zoning Board of Appeals made the following finding of facts as related to Petition #1991-06: 1 . The petitioner has presented evidence that the structure existing on the lot is anon-conforming pre-existing structure pursuant to Chapter 40A, Section 6 and, accordingly the relief sought in this petition is not required. AYES: BURLINGAME, BLISS, NILSSON, JANSSON, BROWN NAYS: None Any- person aggrieved by this decision may appeal to the Barnstable Superior Court , as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a j Complaint in said Court as well as a notce of action with the Barnstable Town Clerk:, within twenty (20) days of the filing of this decision with the Barnstable Town Clerks Office. i Chairman I , (2,Q 1ve.. - 4 1 Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and sealed thisSi* day of Vf)P4.1-e.V,- ,,i CI maunder the pains and penalties of perjur . Town Clergy: DISTRIBUTION Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public _ Information i Board of Appeals i i i I i I TOWN OF BARNSTABLE MASSACHUSE S DEPARTMENT OF PLANNING AND DEVELENT OFFICE OF THE ZONING BOARD OF APPEALS NOTI CE OF PUBLIC HEARING UNDER-THE ZONING ORDINANCE M ling of January24.1991 To all persons deemed interested or affected by the Board of Appeals,under Sec. 11 of Chap.40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto,you are hereby notified that: APPEAI,NO,1991. 4 7;n p nrt Mary Lorraine White has appealed to the Zoning Board of Appeals and petitions for a Special Permit under Section 3-1.1 (D)to allow a Family Apartment at Map 25,Lot 16, 1466 Newtown Road,Cotuit in an RF Zoning District, A PUBLIC HEARING WILL BE HELD ON.THIS PETITION AT 7:30 P.M. APPEAL.NO.1991-05 7 45 P.M. James&Nancy Padula have appealed to the Zoning Board of Appeals and petition for a Special Permit under Section 4-1.2 (1)Special Permit Required/Certain Accessory Uses,to allow the construction of a permanent pile-supported pier,rampandfloattoreplaceexistingfloatingstructuresforaccesstotheCentervilleRiver appurtenant to a residence at Coddington Road,at Map 206, Lot 59, Ladd Road, Centerville in an RD4 Zoning District. PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:45 P.M. PPEAL.NO,1991.06 R 00 P M Mobil Oil Corporation has appealed to the Zoning Board of Appeals and petitionsforaVarianceunderSection3-3.6, Bulk Regulations,Minimum Setback in a Highway Business District,to allow the removal of existing pump island,mat, paving and lights and replace with two(2)new pump islands,canopy,repave,install new drains and redesign access arld close a driveway,at an existing gasoline station located at Map 328,Lot 151,at the comer of Iyanough Rd.,/Camp St.,Hyannis in a Highway Business Zoning.District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:00 P.M. APPEAL:NO 1991.07 r 8015 P M f Mobil Oil_Corpration has appealed to the.Zoning Board of Appeals and petitions foraSpecialPermitunderSection5-3.2,General Powers,to allow the removal of existing pump island,mat,paving and lights and replace with two(2)new pumpislands,canopy.repave,install new drains and redesign access and close driveway at the existing gasoline station located at Map 328,Lot 151 at the comerof Iyanough Rd.,/Camp Street,Hyannis in a Highway.Business Zoning District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:15 P.M. THESE HEARINGS WILL BE HELD IN THE SECOND FLOOR HEARING ROOM,NEW TOWN HALL 367 MAIN STREET, HYANNIS ON THURSDAY EVENING, JANUARY 24,1991. YOU ARE INVITED TO BE PRESENT BY ORDER OF THE ZONING BOARD OF APPEALS LUKE P.'LALLY,CHAIRMAN ZONING BOARD OF APPEALS The Barnstable Patriot January 10&17,1991. 3220 Main Street(Rt..6A)Barnstable 362-3812 M Coal & Oil, Inc. - 180 lyanough Road Hyannis, Massachusetts 02601 775-1190 Heating Oil/Gasoline/Diesel Fuel menw)er of Better Home Heat council Burner Service for our customers MILDRED'S The Home of Cape Cod Clam Chowder Come experience our new affordable menu man Lunch and Dinner Daily from 11:30 am Sunday from noon. 290 Iyanough Rd. (Rte. 28), Hyannis 775-1045 Barnstable County Mutual lilt Fire Insurance Co. BARNSTABLE COUNTY INSURANCE CO. 4141 3 Yarmouthport,Mass. RELIABILITY Serving Cape Codders for over 155 Years r COMPETITIVE RATES FOR HOMEOWNERS See One of Our Agents for Details OLDL'CAPE CODINSURANCE ALMEIDA&CARLSON INS. AGENCY,INC.' AGENCY,INC. y,. PARTIES OF INTEREST APPEAL NO. 1991-06 & 07 MOBIL OIL CORPORATION MEETING OF JANUARY 24 , 1991 Petrolane Gas Sery Lmtd Ptr Suburban Propane Tax Dept P O Box 206 , Whippany, NY Robert .Baker/Robert White 192 Iyanough Rd, Hyannis , MA Nelson Coal& -Oil Co Inc 180 Iyanough Rd, Hyannis , MA Paul Kudarauskas 201 Yarmouth Rd, Hyannis, MA Mass Bay Transportation Corp 50 High St , Boston, MA Christmas Crossing Inc 261 Whites Path, S Yarmouth, MA Paul Drouin c/o Max Mid-cape Consultants 1019 Rte 132 , Hyannis, MA Alfred Houle 128 Camp St , Hyannis, MA Michael Finkel 126 Camp St , Hyannis, Ma Eugene Ciccarelli 58 Hathaway Rd, Osterville, MA William & Lorraine Finkel 243 Huckins Neck Rd, Centerville, MA Constance Tracy 83 Blantyre Ave, Centerville, MA Jay Tracy Trs We're Here Rlty Tr 83 Blantyre Ave, Centerville, MA George 'Upton 72 Mayflower Terr, S Yarmouth, MA Brigham Louise Pemberton P O Box 1587 , Duxbury, MA Raymond Young C/O R H Young P O Box 1135 , Boston, MA David Ives 329 w Main St Unit 23 , Hyannis, MA Alan & Katri Vogt 116 Iyanough Rd, Hyannis,MA William & Toini Taimi Korpela 1558 Boulevard, W Hartford, CT Barnstable Waler Co P O Box 326 , Hyannis, MA Douglas MacDonald /MacDonald Family Tr 91 Waters Edge, Marstons Mills, MA Milton & Ann Babcock 276 Falmouth Rd, Hyannis., MA Sandwich Planning Board Mashpee Planning Board Yarmouth Planning Board r 1! TON OF rtE.BARN TABLE COPV5 9• Ic fi} PETITION TO VARY THE ZONING BYLAW TOWN Appea l `9# JA - _ e filed with Hearing date n Clerk Decision due undersigned hereby petitions the Barnstable Zoning Board of Appeals to y, in the manner and for the reasons hereinafter set forth, the cation of the zoning bylaw: Petitioner Name : Mobil Oil Corporation Tel 775-3433 c o MichAcidness : / Michael B. S'tirusse, 25 Mid Tech Dr. , W. Yarmouth, MA 02673 Owner Name : Alexander & Celia F. Rumpler Tel : 401-861-3438 Address : 133 Hartshorne Road, Providence, RI 02900 How long have you owned the property: Mr. and Mrs. Rumpler have owned the property for 37 years If petitioner is different from owner , state nature of interest : leasehold Location of property:. Iyanough Road/Camp Street, Hyannis Assessor' s map # 328 Lot (s) # 15.1 Zoning district :Ir trm Business Number of buildings on lot one Total floor area 1580 square feet Present use of premises gasoline dispensing station Proposed use of premises and extent of proposed construction : Remove existing pump island, mat, paving and`..lights ands-replace with two new pump islands, canopy, repave, install new drains, and redesign access and close driveway Has Building Commissioner refused a building permit: yes x no__ What section of the zoning bylaw do you ask to be varied: Section 3-3. 6 minimum setback in a highway business district ate your reasons for requesting a variance : The Petitioner seeks to remove existing pump islands, concrete mat, site pavin and lights an d' inStall two new- pump islands, drains , pavement, lighting and reconfigure an d close one access to the site. A variance may be required where the pump islands and canopy are within 60 feet of the sideline of Route 28. IMPORTANT - All variance petitions must include the following information , drawn to scale , with the petition form: 1 the dimensions of the land ; 2 the location of existing buildings on the land ; 3 the exact location of the improvements sought to be placed on the land . Petitions filed without such plans will be returned without action by the Board of Appeals . Mobil Oil Corporation By its attorney, Respectfully submitted llt C n NOTICE FOR PUBLIC HEARING y Mowing are the names and mailing addresses of the abutting owners of C ty , the owners of land directly opposite on any pub lic or privat;A or way , and abutters to the abutters within three hundred feet of. roperty line of the petitioner with their corresponding map and lot- rs according to the records in the Assessor' s Office at the date ofapplication . Use additional separate sheets and so note if necessary_ - E ADDRESS MAP LOT # Please see attached abutters' list MAP 328, PARCEL 151, i/n/o ALEXANDER RUMPLE Parcel 131 - Nelson Coal & Oil Co. , Inc. 180 Iyanough Road Hyannis, MA 02601 132 Robert E. Baker, Tr. Robert E. White, Jr. , Tr. 192 Iyanough Road Hyannis, MA 02601 137 Paul R. Kudarauskas 201 Yarmouth Road Hyannis, MA 02601 138 Paul R. Kadarauskas 201 Yarmouth Road Hyannis, MA 02601 143 Wm. A.Korpela Toini Taimi Ester Korpela 1558 Boulevard West Hartford, CT 06107 144 Alan A. Vogt & Katri K. Vogt 116 Iyanough Road Hyannis, MA 02601 145 William A. Korpela Toini, Taimi Ester Korpela 1558 Boulevard West Hartford, CT 06107 147 William A. Korpela Toini, Taimi Ester Korpela 1558 Boulevard W. Hartfort, CT 06107 148 Milton Babcock Ann Babcock 276 Falmouth Road Hyannis, MA 02601 149 Douglas E.MacDonald, Tr. 91 Water" s Edge Marstons Mills, MA 02648 152 David U. Ives c/o Edward D. Wardyga, Treas. 3 Redwood Avenue Pawtucket, R. I . 02861 101 Iyanough Condo. OOA OOB OOC OOD Leon D. Narbone 378 Main Street Hyannis, MA 02601 155 George L. Upton 72 Mayflower Terrace So. Yarmouth, MA 02664 156 Jay Tracy, Trs. We're Here Realty Trust 83 Blantyre Ave. Centerville, MA 02632 if 157 Paul F. Drouin, Tr. 70 Winter Street Hyannis, MA 02601 it 158 Alfred Houle 128 Camp STreet Hyannis, MA 02601 159 Michael Finkle 126 Camp Street Hyannis, MA 02601 160 Eugene. C. Ciccarelli 58 Hathaway Road Osterville, MA 02655 162 Phoebe Elizabeth Weston Josiah H. Cook Caroline Seaver Pierce 339-B Sea Street Hyannis, MA 02601 238 Christmas Crossing Inc . 261 White' s Path So. Yarmouth, MA 02664 HLE COPY 1' --JAN 2 2 i 91 Town of Barnstable TOWN OUB-ARNSTABLE Department of Planning and Deve I opmen..LNING BOAR D OF APPEALS Staff Report Date: January 21 , 1991 To: Barnstable Zoning Board of Appeals From: Robert P. Schernig, Director Art Traczyk, Principal Planner Appeal : #1991-06 Variance: Section 3-3 .6 (5) Bulk Regulations, Minimum Front Yard Setback Petitioner: Mobil Oil Corporation, represented by Attorney, Michael B. Stucce Location: Iyanough Road/Camp Street (Yarmouth Road) , Hyannis , MA Assessor's No: Map 328 Lot 151 Zoning: HB Highway Business District WP Well Protection Overlay District The petitioner had applied to the Zoning Board of Appeals to for a Variance to the 100 foot minimum front yard setback required within HB Zoning District along Route 28 ( 1yanough Road) . Granting of a Variance is subject to the Section 5-3 . 2 (3) , Variances , provision of the Zoning Ordinance. This petition for a Variance is related to an application for a Special Permit #1991-07 which is at the subject site. The Board may wish to hear both the Variance and the application for a Special Permit simultaneously, provided that the Variance is considered as part of the Special Permit. If the Variance is not granted, the proposal must be redesigned and receive Site Plan Review Committee approval prior to consideration of the Special Permit application. Petitioner's Proposal : The petitioner is requesting the Board to grant a Variance to the lOU foot minimum front yard setback established in the HB District to permit the construction of an overhead gas service area canopy. From plans submitted, it appears that the proposed front yard setback, as measured at the canopy area, is to be established at 23'-2" (varied by 76~- 10") at the easterly corner and 24^-411 (varied by 75"-811 ) at the westerly corner. The distance to be varied ( length of the canopy) is 30"-411 . STAFF COMMENTS: In reviewing this petition, it was noted that the existing structure also is located within the 100 foot front yard setback requirement of the HB District. The department estimates that the eastern corner is located 90 feet from the northern right of way line of Route 28. The present 100 foot setback along Route 28 for the HB District, originally established in 1984 was re- established by Town Meeting on May 07, 1988 (Article 4) to retain sufficient way for future roadway expansion. As Board members may recall during the recodification, a discrepancy was discovered which required Town Meeting to reestablish the 100 foot front yard setback. The department estimates that, given all of the required setbacks of the district and applying them to this lot, an area roughly measuring 144 feet by 38 feet is buildable (measurement from mid points) . This rectangular area , estimated at 5 ,470 sq.ft. represents 7. 2 percent of the 39, 177 sq.ft. lot area. This area represents a severe limit on the applicant and the Board should view this in light of the stated need for right-of-way for roadway expansion. Any Variance on one lot affects the entire roadway segment's ability to provide future transportation improvements. The applicant should present information on the front yard setbacks of other structures between the major adjoining intersections to this site to facilitate the Board in its deliberations. The department was unable to determine the height of the proposed canopy structure. CC. Board of Health Building Department Licensing