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Home My WebLink About1991-071991-07 MOBIL OIL CORPORATION i CAt S b t ZO H O a x 1 O U a H O I a pa O E O i rn rn 3 i 1 1 i Town of Barnstable Zoning Board of Appeals Special Permit I Decision and Notice 91 FFEB I i Application : #1991-07 Applicant : Mobil Oil Corporation I Summary of Relief Sought : I 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 applicant. Mobil Oil Corporation , represented by Attorney, Michael B. Stusse appealed to the Board pursuant to the Zoning Ordinance Section 5-3 . 2 General Powers of the Board for a Special Permit . The applicant' s site is shown on Assessor' s Map/Parcel Number .328/ 151 more commonly addressed as 156 Iyanough Road Route 28) , Hyannis , MA, and is zoned HB - Highway Business District and WP - Well Protection Overlay District The applicant requested the Zoning Board of Appeals to grant. a Special Permit to allow for the improvement of an existing gas service station, inclusive of the construction of new pump islands with a canopy structure and related site improvements for drainage, driveway entrances , landscaping and lighting.i The petitioner' s request was heard by Board members : Ron I Jansson, Bruce Burlingame, Dexter Bliss , Betty Nilsson and Wayne Brown . Summary of Evidence : The applicant was represented through Attorney, Michael B. Stusse and also present to assist in this appeal were a Mr . Carrol and Mr . Al Trakimas , project Engineers and the station manager Brian Perry. This appeal is related to petition #1991-06 for a Variance to the front yard setback requirements at the subject site. The Board and applicant determined to discuss petition #1991-06 simultaneously with appeal #1991-07. The applicant and Board discussed the discrepancies in the public notice and addressed location of the property. It was agree to by all parties that the notice was sufficient and proper in that all correct abutters were notified and the addressing was sufficient for determination of the locus and no one was misled by the advertisement . Attorney Stusse presented a rendering of the plans for improvement to the site and presented his case for requesting of the Special Permit . He itemized the improvements to date and the reviews and discussions at Site Plan Review and the Barnstable Water Company. The attorney stated that the gas station use dates back to 1953 and that the pump islands were located at their present spot since 1983 , the year of the enactment of the 100 foot building setback for business property fronting along Route 28 i Iyanough Road) . Attorney Stusse 'stated that the main reason for requesting the Special Permit was to allow for the construction of the canopy to protect the fire suppression system and for convenience of the customers . The maximum height of the canopy would be 17 feet. Improvements would not obstruct the views for motoring public at this intersection . Attorney Stusse and the Board discused the nature of the structure and use and the apparent pre-existing non- conforming aspects and the ramification on MGL Chapter 40A Section 6 and Barnstable Zoning Ordinance Section 4-4. 2 , Non-conforming Uses . The Board and Attorney Stusse agreed that this use and structure is a non-conforming condition use within -the HB - Highway Business District and WP - Well Protection Overlay District and as such may more appropriately fall within the provisions of Barnstable' s Zoning Ordinance Section 4-4, Non-Conforming Uses or Section 3-3 .6(3 ) HB Business District , Conditional Uses . The Board discussed the location of the site within a designated WP - Well Protection Overlay District and its drainage and site environmental safeguards . Also discussed was the review by the Site Plan Review Committee; the use of the station for sale of related items to the motoring public , the increase in traffic generated by the improved site and technological advances of the pumps and station operations . No one present spoke either in support or in opposition to this appeal . Finding of Facts : At the meeting of January 24, 1991 , the Zoning Board of Appeals made the following finding of facts as related to the remanding of Appeal # 1991-07 : 1 . Special Permit criteria is met by the testimony of the applicant ; i i r 2 . The structure and use were in existence in 1984 when the HB District was created and the 100 foot front yard setback along Route 28 was established and the non-conformity is further established by the fact that the site is in a WP - Well Protection Overlay District ; i 3 . Plans were approved by Site Plan Review (Plan Review Number 33-90 ) and a copy of the approval , dated October 09, 1990 , was submitted; i 4. The moving of the base of the pumps away from Route 28 will be less intrusive; 5. The new technology of pump dispensing will be safer and in the public interest ; and 6. The changes and addition to the structure will not be substantially detrimental to the public and the improved lighting, sidewalks , curbing and driveways will be in both the public and neighborhood interest and are not substantially detrimental to the neighborhood and will not derogate the intent of the Zoning Ordinance. AYES: BURLINGAME, NILSSON, BLISS , JANSSON , BROWN NAYS : None Decision: A motion was duly made and seconded to grant the Special Permit #1991-07 for improvements to Mobil Oil Corporation , station located at 156 Iyanough Road (Route 28) , Hyannis , MA, as requested by the applicant and with the approved changes as per plan approved by Site Plan Review Committee and as presented to the Board, subject to the following terms and conditions : 1 . Containment systems to be placed on site shall be as described inclusive with the well monitoring facilities as well as the drainage facilities to prevent the occurrence of an accidental spill within the WP - Well Protection Overlay District; 2 . Retail sales on the site shall be limited to an area no larger than _ 14 feet by 45 feet ; and 3 . Items sold shall be limited to those items traditionally called " impulse items" and which are primarily used by the motoring public in their travel and consumption within a moving vehicle. AYES : BURLINGAME , NILSSON, BLISS, JANSSON , BROWN NAYS: None c. I 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 Complaint in said Court as well as a notce of action with the Barnstable Town Clerk:, within twenty (L(--)) days of the filing of this decision with the Barnstable Town Clerks Office. Chairman I , . 6Z@v" • e 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 this' day of arc-k , 19 oil under the pains and penalties of perjury'. Town 1 e r k DISTRIBUTION Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals s TOWN OF BARNSTABLE MA SETTS DEPARTMENT OF PLANNING AND DEVELOPMENT OFFICE OF THE ZONING BOARD OF APPEALS NOTI CE OF PUBLIC HEARING UNDER TH 7ONIN ORDINANCE Meeting of January 24,1991 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.1991.64 30 P.M. Mary Lorraine White has appealed to the Zoning Board of Appeals and petitions for a Special Permit under'Section 3-1.1 0)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. APPEAI.NO 1991-05 7 45 P.M. James&Nancy Padula have appealed to the Zoning Board of Appeals and petitionforaSpecialPermitunderSection4-1.2 (1)Special Permit Required/Certain Accessory Uses,to allow the constriction of a permanent pile-supported pier,ramp and float to replace existing'floating structures for access to the Centerville River appurtenant to a residence at Coddington Road,at Map 206, Lot 59, Ladd Road, Centerville in an RD-1 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 and close a driveway,at an existing gasoline station located at Map 328,Lot 151,at the comer of Iyanough Rd.,/Camp St.,Hyannis inaHighwayBusinessZoningDistrict. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:00 P.M. APPEAL N0-1991.07 R 15 P.M. Mobil Oil Corpration has appealed to.the Zoning Board of Appeals and petitions foraSpecialPermitunderSection5-3.2,General Powers,to allow the removal of existing puinp 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 comer of 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&17,199.1. Mi,Rt.6A)Barnstable 362-3812 nelson Coal & Oil, Inc. 180 Iyanough Road Hyannis, Massachusetts 02601 775-1190 Heating Oil/Gasoline/Diesel Fuel Member of Better Home Heat C011111 Burner Service for our customers Mi , DREDSI The Home of Cape Cod Clam Chowder Come a*perience our new affordable menu. Lunch and Dinner Daily from 11:30 am'' Sunday from noon. 290 Iyanough Rd. (Rte. 28),Hyannis 775-1045 Barnstable County Mutual 11 :•...:,.. elel Fire Insurance Ca BARNSTABLE COUNTY INSURANCE CO. 4141 , 3 Yarmouthport,Mass.. RELIABILITY Serving Cape Codders for over 155 Years COMPETITIVE RATES FOR HOMEOWNERS See One of Our Agents for Details OLDS CAPE COD INSURANCE ALMEIDA&CARLSON INS. CY,INC. AGENCY,INC. y.K PARTIES OF INTEREST i APPEAL NO. 1991-06 & 07 MOBIL OIL CORPORATION MEETING OF JANUARY 24 , 1991 I I Petrolane Gas Sery Lmtd Ptr Suburban Propane Tax Dept P 0 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 0 Box 1587 , Duxbury, MA Raymond Young C/O R H Young P 0 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 Water Co P 0 Box 326 , Hyannis , MA Douglas MacDonald /MacDonald Fa mily Tr 91 Waters Edge, Marstons Mills , MA Milton & Ann Babcock 276 Falmouth Rd, Hyannis, MA Sandwich Planning Board Mashpee Planning Board Yarmouth Planning Board i rrr- TOWN OF BARNSTABLEE OoU V APPLICATION FOR A SPECIAL PERMIT APPea1 Hear 1 n ; Decision due e undersianed hereby applies to the Barnstable Zoning Board of Appeals , r a Special Permit , in the manner and for the reasons hereinafter setrth : Applicant Name : Mobil Oil Corporation Tel : 775=3433 Address :c/o Michael B. Stusse, 25 Mid-Tech Dr, W. Yarmouth-; MA 02673 Owner Name : Alexander & Celia F. - Rumpler Tel : 401-861-3438 Addr-ess • 133 Hartshorne Rodd, Providence, RI 02900 How long have you owned the property: Mr. and Mrs. Rumpler have owned the property for 37 years If applicant is different from owner, state nature of interest: leasehold Location of property: Iyanough Road/Camp -Street, Hyannis Assessor' s map 328 Lot ( s) # 151 Zoning district : Business Number of buildincs on lot one Total floor area 1580 square feet Present use of premises gasoline dispensing station 0 Proposed use of premises and extent of proposed construction: Remove existing pump island, mat, paving and lights and replace with two new pump islands, canopy, repave, install new drains and redesign access and...close drive I Has Building Commissioner refused a building permit : yes x ; no 2 Pursuant to what section of the zoning bylaw do you apply for a Special Permit : Section 5-3. 2 tate your reasons for applying for a Special Permit : The applicant seeks to remove and install--new pump islands within 100 feet of Route 28 in a Highway Business District where the front setback is 50 feet. 1 IMPORTANT - All Special Permit applications must include the following information , drawn to scale , with the application form: 1 the dimensions of the land ; 2 the location of existing buildings on the land ; 3 the exact location cf . the improvements sought to be placed on the land . Applications filed without such information will be returned without action by the Board of Appeals . Site Plan Review : Certain applications to the Zoning Board of Appeals for a Special Permit require site plan review pursuant to Secion 4-7 of the Barnstable Zoning Bylaw. Therefore , this question must be completed by the Building Commissioner or his designee to determine if site plan review is required for your application. If site plan review is not required, the Building Commissioner shall indicate so in the space provided below and you may file this application with the Town Clerk and the office of the Zoning Board of Appeals . If site plan review is required , you must first obtain a Certificate of Review" from the 'But ] ding Commissioner which indicates that you have completed the site plan review process . The Building Commissioner' s office will provide you with the necessary information to apply for site plan review if it is required . If site Plan review is required . failure of the accnlicant to include a Cert i f i cate of Review" when this aroo 1 i ration is Filed with the Zon i nc Board of Acne= ls shall be crounds for denial of the Scecial Permit . x yes , Site Plan Review is required for this application. no , Site Plan Review is not required for the following reasons : Mobil Oil Corporation By.- its attorney, Respectful ] submitted Michael B. submitted signature) -----^-';-+ date) r NOTICE FOR PUBLIC HEARING following are the names and mailing addresses of the abutting owners of fperty, the owners of land directly opposite on any public or private feet or way, and abutters to the abutters within three hundred feet of property line of the applicant with their corresponding map and lot tubers according to the records in the Assessor' s OfFice at the date ofisapplication . Use additional separate sheets and so note if necessary , ME ADDRESS MAP LOT n 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 it 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 FILE COPY JAN 2 2 1991 Town of Barnstable TOWN OF BARNSTABLE Department of Planning and Development L ZONING BOARD OF APPEALS Staff Report Date: January 21 , 1991 To: Barnstable Zoning Board of Appeals From: Robert P. Schernig, D!rector Art Traczyk, Principal Planner Appeal : #1991-07 Special Permit: Section 3-3 .6(3) (A) Conditional Use - Uses Permitted in the B District Applicant : Mobil Oil Corporation, represented by Attorney, Michael B. Stucce Location: Iyanough/Yarmoth Roads , Hyannis, MA Assessor' s No: Map 328 Lot 151 Zoning: HB - Highway Business District WP - Well Protection Overlay District The applicant is requesting the Zoning Board of Appeals to grant a Special Permit to allow for the improvement of an existing gas service station, inclusive of the construction of new pump islands with a canopy structure and related site improvements for drainage, driveway entrances, landscaping and lighting. Grant of a Special Permit is regulated under Section 5-3 . 3 Special Permit Provision of the Zoning Ordinance. This appeal was published and notices forwarded, as required under Massachusetts General Law (MGL) Chapter 40A specifying the nature of the appeal but noting it as being presented under Section 5-3 .2° General Powers of the Zoning Board of Appeals . This section number, submitted by the applicant's attorney, was used for advertising. This appeal may not have been advertised correctly in its notation of the appropriate section of the Zoning Ordinance under which the Special Permit should be issued. In addition, the property was addressed on the application form as being located on lyanough Road and Camp Street when in actuality it is located on Iyanough Road and Yarmouth Road, more specifically the southeast corner. The Board and applicant should make a determination if such discrepancies would require re-edvertimant of this public hearing. It may be possible to proceed with this appeal given the fact that the, list of abutters and the nature of the appeal seem to be correct and in proper order as required under MGL Chapter 40A. In concern for the location discrepancies, it should be noted that Camp Street flows into Yarmouth Road at this intersection. This appeal is related to petition #1991-06 for a Variance to the front yard setback requirements at the subject site. The Board may wish to hear these two cases simultaneously. APPLICANT'S PROPOSAL: The applicant is requesting the Board to grant a Special Permit to allow for improvements to the Mobil Gas Station located on the. southeast corner of the intersection of Iyanough Road and Yarmouth Road. The applicant is seeking permission to improve an existing use of the property in accordance with plans submitted, titled, "Proposed Facelift of Station 01-QJH, 156 Iyanough Road at Yarmouth Road Hyannis, MA, " drawn by Gale Associates Inc . and consisting of 5 sheets, dated May 10, 1990 , and Revised through SITE PLAN REVIEW: The plans were approved by Site Plan Review (Plan Review Number 33-90) and a copy of the approval letter to Attorney Stusse, dated October 09, 1990, is attached to the plan Submitted. During the Site Plan Review process, information was presented concerning traffic activity turning into the site and at the intersection of Yarmouth and Iyanough Roads. A "Traffic Impact Memorandum" dated April 1990, was prepared by Vanasse Hangen Brustlin, Inc. and submitted to Site Plan Review. The report was followed up by additional clarification in a letter to Site Plan Review dated August 23 , 1990, addressing additional concerns raised by the Site plan Review Committee. None of this information was submitted to the Zoning Board Files as a part of this application. The approved site plan proposes only limited improvements to the public roadway consisting of: re-pavement at the private driveways, resetting and extension of garnet curbs and a new 5 foot wide asphalt sidewalks bordering the limits of the property. STAFF COMMENTS: Parking: In reviewing this application, the plan submitted and information obtained from the department' s site plan review file ( 33-90) , the applicant should be prepared to present information illustrating compliance with Section 4-2. 7 Schedule of Off-Street Parking Requirements and Section 4-7.6 (7) , Site Plan Review, Site Development Standards Parking. In accordance with the Zoning Ordinance, the department estimates that the existing service station may require parking for 15 or 16 cars, depending upon which square footage figure presented is utilized for the calculation ( 1 , 420 sq.ft. as presented to Site Plan or 1 , 580 sq.ft. as presented in the application to the Zoning Board) . Groundwater: The site is located within a designated WP, Well Protection Overlay District of the Zoning Ordinance (Section 3-5. 2(7) ) . More specifically, the site is located an estimated 1 , 100 feet upgradiant from an existing Barnstable Water Company public supply well . In accordance with issuance of a Special Permit , the applicant should present information which supports this improvement as being "without substantial detriment to the public good" especially as it related to the Well Protection Overlay District. The Board should require the applicant to provide the percent of pavement (Lot Coverage) which presently exists and which will exist after the proposed improvements . Drainage: From the plans submitted, the applicant should be prepared to illustrate the area of run-off which is being redirected at the driveway intersections. The department recognizes that less area appears to be draining into the public way than now exists , however concern still exists (as noted at Site Plan Review) that some run-off still is being directed onto the public way. The area of such drainage, amount and point of interceptions (catch basins) should be identified. (see Section 4-7. 6 (9) Site Development Standards, Surface Run-Off) Height of Canopy: What is the height and appearance of the proposed overhead canopy? The information provided is not sufficient to address this issue. Lighting Improvements : What is the height and style of the proposed new 40OW Twin Pole Lights? Does this meet with requirements of Section 4-7.6 (5) , Site Development Standards, Illumination? Again, the information presented is insufficient to address this issue. Overhead Utility Services : There is no supporting documentation as to why the overhead electrical and telephone lines servicing the property and located to the north west corner of -the site should not be in compliance with Section 4-7.6(8) Site Development Standards, Utility Services, which require same to be placed underground. RECOMMENDATION: Given the need for additional information, inclusive of *o detail explanation of the project, the department recommends that the Board should require additional information and accept additional public comment on this proposal at its hearing of January 24. As an alternate, the Board may consider taking this matter under consideration to a future date to allow evaluation of the information submitted and appraisal of what conditions, if any, may be necessary to assure that the issuance of this Special Permit will be in the public interest and for the good of the neighborhood affected. CC. Board oi= Health Building Department Licensing Barnstable Water Company Department of Public Works