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HomeMy WebLinkAbout1165 IYANNOUGH ROAD/RTE132 (2) y too NEW ADDRESS: 1165 IYANNOUGRD. MAP AND PARCEL 000-000.244 r.. 'j PINE • + {ARNSPARIE, 7 MASS. i 039. ArFDMA'�� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-86 -Variance - Cumberland Farms, Inc. Section 3-3.6(5) - Bulk Regulations,HB District Section 4-2.6 Landscape Requirements for Parking Lots Summary: Granted with Conditions Petitioner: Cumberland Farms,Inc. Property Address: 1157& 1171 Iyannough Road(Route 132),Hyannis,MA Assessor's Map/Parcel: Map 273,Parcels 082&083 Zoning: Highway Business&GP-Groundwater Protection Overlay Districts Background: The locus of this appeal consist of two abutting lots totaling 1.53 acres,located at the intersection of Route 132 and Bearse's Way. The lots are at the junction of the State and Town right-of-way for Route 132. Both lots front onto Route 132 and Bearse's Way,and both are developed. • Parcel 82 is the Roadway Motor Inn at 1157 Iyannough Road. The 0.96-acre lot is developed with two one- story motel structures totaling 5,424 sq.ft.of building. There are 22 guestrooms and one owner's unit. The structures were built in the 1960's. • Parcel 83 is a Gulf Oil Gas Station addressed as 1171 Iyannough Road. The 0.57-acre lot is developed with a one-story,two-bay service station of 1,450 sq.ft. The station has nine open-air vehicle fueling positions. The building was built in 1955. Although there are two automobile service bays,automobile service has not been performed at the site for a number of years. It appears the station is used only for gas service. The applicant is proposing the complete redevelopment of the two-parcel site into a new gas service station, having a canopied gas fueling area to accommodate 16 covered fueling positions,a 3,816 sq.ft. convenience store and a 1,325 square-foot retail unit. Plans include the complete readjustment of site entrances/exits, 37 on-site parking spaces,inclusive of those 16 fueling positions located at the gas pumps. In addition to new drainage, landscaping and lighting,the applicant has also proposed the removal of the underground gas storage tanks and replacement of them with new double-lines tanks. The Gulf Oil Station site has been before the Board in 1987, 1989 and 1999, seeking to improve the smaller 0.57-acre parcel only. Those appeals were all denied or withdrawn. Neither of the parcels have any relief issued to them. The uses and structures pre-date the 1985 re-zoning of the area to Highway Business and the creation of the Groundwater Protection Overlay District. Relief Requested: In applications submitted,the applicant,Cumberland Farms,Inc.,sought a special permit encompass three sections within the Zoning Ordinance,and a variance that also comprised three forms of relief. The special permit-Appeal 2001-85 - sought to permit the alteration and expansion of an existing gas station and demolition of a motel to allow construction of a convenience and retail store. The applicant sought: • 1 • • A Retail Conditional Use Permit in accordance with Section 3-3.6(3)(A) for the convenience/retail store,to be built on Parcel 82. That permit request was for the development and use of a 3,816 square-foot Cumberland Farms convenience market,and a 1,325 sq.ft.retail space. • A Nonconforming Uses Permit in accordance with Section 4-45 to alter and expand the existing gas station. The applicant seeks to expand the station from 9 open-air fueling positions to 16 covered fueling positions. • And a permit in accordance with Section 4-2.8 for a Reduction of Parking Requirements. With respect to the variance-Appeal 2001-86—sought relief for structures and site development. They are variances from: • Section 3-3.6(5) Bulk Regulations,for the gas pump canopy with a front yard setback of 16.12 feet from Bearse's Way,where 60 feet is required and 20 feet from Route 132,where 100 feet is required. Relief was also sought for the retail building front yard setback of 35.4 feet from Bearse's Way,where 60 feet is required. • Section 4-2.6 Landscape Requirements for Parking Lots to reduction of the required 45-foot Front Yard Landscaped Seatback to 5 feet along Bearse's Way,and 10 feet along Route 132. Also requested was relief for the 10%interior parking lot landscape requirement. • Section 3-5.2(6)c Groundwater Protection Overlay District,Lot Coverage requirement that limits impervious surfaces to not more than 50%. During the hearing of these appeals,plans were modified to reduce the nature and number of permits and variances required. • Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 16, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 08,2001, continued to August 22,and concluded on September 19,2001. At the conclusion the Board found to grant Appeal 2001- 86 for a bulk variance for location of the gas pump canopy within the required front yard setback and a variance to the required landscaped perimeter buffer around the buildings,front yard buffer landscape and the 10% interior landscape requirements. Board Members deciding this appeal were Daniel M.Creedon,Richard L.Boy,Ralph Copeland,Jeremy Gilmore and Chairman,Ron S.Jansson. Attorney J.Douglas Murphy and Michael A.Kelly represented Cumberland Farms,Inc.,the applicant. At the opening of the hearing,a short history of the site was given and the proposed plans for improving of the site were presented. Traffic implications were discussed and the exit and entrance drives reviewed,as well as the configuration of those entrances and exits. The Board requested changes in those entrances and exit drives. At the August 22 continuance the applicant and Board reviewed the changes made to the site drives. The Board reviewed the nature of relief being requested. The applicant gave a detail description of proposed sales activities and noted that the convenience store would only have 2,580 sq.ft. of sales area open to the public. The remainder would be for storage,restrooms and managers office. The Board requested changes be made in the proposed plans,the most significant of which was the elimination of the second retail store of 1,325 sq.ft. Public comment was taken. Mrs.Carol Livingstone of South Dennis spoke in favor of the application. The Chairman noted letters endorsing the proposal were received from Representative William Delahunt, Congressman, 10ih District Massachusetts,State Reperesentative,Demetrius J.Atsalis,2na Barnstable District, 2 • Stephen P Dager,President and Lynne M.Poyant,Executive Director,Hyannis Area Chamber of Commerce, Robert A Burgmann,P.E.Town Engineer,Town of Barnstable. No one spoke in opposition. The hearing was continued to September 19th,to allow for the changes to be made in the plans and re-reviewed by Site Plan Review Committee. At that continuance,the plans were reviewed by the Board, and it was noted by the applicant's representative relief would not be needed for a reduction of parking requirements, Groundwater Protection Overlay District lot coverage requirement,and bulk variance for the convenience store building. Findings of Fact: At the September 19,2001,conclusion the Board unanimously found the following findings of fact as related to the Appeal 2001-86 for a variance I 1. Appeal 2001-86 is a request for a variances from Section 3-3.6(5) Bulk Regulations for a gas pump canopy with a front yard setback of 16.12 feet from Bearse's Way,where 60 feet is required and 20 feet from Route 132,where 100 feet is required. A second variances is also requested from Section 4-2.6 Landscape. Requirements for Parking Lots to reduction of the required 45-foot Front Yard Landscaped Seatback to 5 feet along Bearse's Way,and 10 feet along Route 132. The request includes a reduction in the 10%interior parking lot landscape requirement and 10-foot building buffer landscape. The subject property is located on two contiguous parcels of land,one at 1157 Route 132/Iyanough Road,Hyannis (Assessor's Map 273,Parcel 82) and one at 1171 Route 132/Iyanough Road(Assessor's Map 273,Parcel 83). The property is zoned Highway Business and is within the Groundwater Overlay Protection District. 2. Parcel 82 is presently operated as a motel,known as the Roadway Motor Inn(the"Motel"),and Parcel 83 is presently operated as a Gulf Gasoline Station(the"Gas Station"). Collectively they are referred to as the • "Premises". 3. The Premises have an acutely triangular shape unique to the highway business district,having 525 feet of frontage on Bearse's Way and 436 feet of frontage on Route 132 converging at the intersection of Bearse's Way and Route 132;with a back line (base of the triangle) of approximately 326 feet. The Premises comprise approximately 1.46 acres (63,387 square feet) of gross land area. 4. The portion of the Premises comprising Parcel 82 is currently operated as a 22 unit motel plus owner's apartment located in two buildings covering approximately 5,400 square feet of land area plus parking area and an in-ground swimming pool. 5. The portion of the Premises comprising the Gas Station is improved with a single commercial building with office and restroom facilities from which certain automotive and unrelated items,e.g.,soda,candy,cigarettes, crackers, suntan lotion,maps,etc.,are sold; a two-bay service garage with hydraulic lift machinery,a machinery room containing a heating plant,inventory storage,compressor systems;and two externally accessed restrooms;together with 9 gasoline dispensing units and underground storage tanks. 6. The northerly boundary of the Gas Station abutting Route 132 which has a lineal distance of approximately 293 feet actually lies approximately 65 feet from the Route 132 paved surface. The Petitioner has been authorized by Mass.Highway to incorporate this roughly 18,000 sq. ft.unpaved parcel of the highway layout into a comprehensive landscaping scheme to be planted and maintained by the Applicant. 7. The Premises suffer two acute triangular features in their perimeter which were created by the road layout and taking made by the Commonwealth. 8. Parcel 83 has 40,000 gallons of underground fuel storage in four(4) separate tanks,each of 10,000 gallons storage,and each of which has been in-ground for almost twenty years. • 9. At present there is no overhead awning,canopy or other protection above the fuel dispensing stations nor is 3 5 • there an integrated overhead fire suppression system. 10. Parcels 82 and 83 are presently serviced by five curb cuts,two of which service the Gas Station on the Bearse's Way frontage,two of which service the gas station on the Route 132 frontage,and one of which services the Motel frontage on Route 132.At the present time,none of the five curb cuts is subject to turning movement restrictions either upon entry,or exiting the properties and the configuration and geometry of the curb cuts do not conform to contemporary standards. 11. The current Gas Station operation has been located at this site since at least 1955 and the site appears to have been operated as a service station as far back as the 1930's.The Gas Station is a lawful,pre-existing, non-confomung use and structure;and the Motel is a lawful,preexisting,non-confornng use and structure. 12. The Premises is a corner lot located within the HB Zoning District. Any improvements thereon are required to be set back 100' from Route 132 and 60' from Bearse's Way. These setback requirements literally overlap and preclude the addition of any conforming building on Parcel 83. 13. Parcel 82 contains frontage on both Route 132 and Bearse's Way and is therefore subject to a 100'setback from Route 132 and a 60' setback from Bearse's Way. All of the structures on the Motel parcel fail to meet front and side (30') setback. 14. The current lot coverage of the Gas Station parcel is 61%impervious and of the Motel parcel is 75% impervious,rendering each non-conforming under the 50%maximum lot coverage proscribed by the Zoning Ordinance.The relief requested will reduce lot coverage to 40%. • 15. The present curb cut configuration of the Gas Station parcel presents a curb cut on Route 132 only 46' from the intersection with Bearse's Way,and on Bearse's Way only 127'from the intersection with Route 132. Granting the relief requested will enable relocation of curb cuts on Route 132 so that the closest curb cut to the intersection with Bearse's Way will be 181feet instead of the present 46 feet from the intersection. The Bearse's Way curb cut closest to the intersection will be almost 290 feet instead of 127 feet from the intersection with Route 132. 16. All curb cuts have been engineered after consultation with the Town Engineering Division,the Applicant's Traffic Consultant and Mass.Highway and bring the design and geometry up to contemporary standards. 17. The existing Gas Station affords only outside access to rudimentary toilet facilities with limited security and convenience,outmoded lighting,fire suppression and the absence of an overhead canopy. If the requested relief is granted,the public convenience and safety will be greatly enhanced by the provision of interior, handicapped accessible toilet facilities,contemporary lighting conforming to Cape Cod Commission standards, a modem fire suppression system located under a canopy which will also afford weather protection. 18. The plans under consideration depicting the relief sought by the Applicant have been developed over several years and prior proceedings,many of which related to relief sought solely for the Gas Station parcel. The current plans represent the evolution of plans filed in April of 2001 which have been modified-in conformity with recommendations by the Site Plan Review Committee,the Town Engineering Division and the Board of Appeals. Modifications and revisions including;a reduction in the size of the proposed retail building by almost 30%,a realignment and reconfiguration of curb cuts,a significant reduction in the number of parking spaces,a relocation of service facilities (vacuum,air and phone facilities),the addition of a sidewalk contiguous to the Premises on the Bearse's Way side,and a reduction in overhead lighting volume and intensity. • 19. The plan will result in the installation of an extensive landscaped area to be constructed and maintained by 4 - I s� • the applicant. A"Welcome to Hyannis" sign is to be constructed and maintained by the applicant at this `gateway landscape'. Four(4) 10,000 gallon underground storage tanks are to be removed and replaced with new,state-of-the-art underground storage tanks,equipped with the most modern of,monitoring and safety measures. Outmoded dispensing pads and equipment will be removed and replaced and expanded with more modem and efficient equipment that will facilitate the public convenience and safety. A surface water retention plan designed to retain all surface waters on-site is to be implemented. The new traffic circulation scheme is intended to minimize any adverse impacts and to improve traffic circulation and safety both within and adjacent to the Premises. 20. The plan has been approved by the Site Plan Review Team(most recently in SPR69-01). 21. Parcel 83 affords a unique shape that deprives the ability to construct improvements within applicable front yard setback that creates substantial hardship in trying to renovate and improve this Gateway location with a view to the public safety and convenience of the community. 22. A literal enforcement.of the provisions of the Zoning Ordinance would involve substantial hardship, financial and otherwise,to the Applicant. 23. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance and will actually enhance the public safety and public good,and promote the purposes of the Zoning Ordinance. 24. The grant of relief from the landscape requirements of Section 4-2.6(2)(B) and interior landscape requirements of Section 4-2.6(3)will enable the implementation of the extensive landscape scheme as shown on plans presented. The result of which will be a`Gateway'landscaped area including part of the Premises • and within the state highway layout(pursuant to a Massachusetts Highway Department authorization). Adhering to the requirements of Section 4-2.6 as noted would impose substantial hardship in trying to deal with this uniquely shaped parcel with its varying setbacks from the paved layout of the highway,its unique configuration and the limited area to work with,particularly along Bearse's Way. All of which would be more than adequately compensated by landscaping the portion of the state highway layout and Premises. 25. A literal enforcement of the landscape provisions of the Ordinance would involve substantial hardship, financial and otherwise,with regard to this uniquely shaped and located parcel. Relief may be granted without substantial detriment to the public good and,indeed,while enhancing the public good. Decision: Based on the findings of fact,a motion was duly made and seconded to grant Appeal 2001-86 for variances from a Section 3-3.6(5) -Bulk Regulations of the Highway Business District and Section 4-2.6 Landscape Requirements for Parking Lots. 1. With respect to Section 3-3.6(5) -Bulk Regulations of the Highway Business District a variance is granted for; a gas pump canopy not to exceed 92 feet by 38 feet to infringe into the required front yard setbacks for the district and a reduction of the required 45-foot Front Yard Landscaped Setback to 5 feet along Bearse's Way,and its reduction to 10 feet along Route 132. This relief is granted provided the proposed structures shall be built and located as shown on 12 sheets of plans entitled"Cumberland Farms"presented to the Board and initialed by the board.. • 5 J 1 2. With respect to Section 4-2.6 Landscape Requirements for Parking Lots a variance is granted to the required 10-foot landscaped perimeter buffer around the building(Section 4-2.6(2)(B)) and the 10% interior landscape requirement(Section 4-2.6(3)).This relief is granted provided the development of Parcels 82 and 83 shall be as shown on plans entitled"Cumberland Farms",presented to the Board and with the condition that the applicant shall install,nurture and maintain the landscaped areas shown on the Landscape Plan drawn by Richard Lakutis,ASLA,last revision date of 8-30-01. 3. The motel use is to be discontinued 4. Both parcels of land are to be combined into one ownership 5. The applicant shall comply with all conditions imposed in Appeal 2001-85 The vote was as follows: AYE: Daniel M.Creedon,Richard L.Boy,Ralph Copeland,Jeremy Gilmore and Ron S.Janson NAY: None Ordered: Variance 2001-86 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S.J hairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,.here'ry certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the offi e of the Awn Clerk. Signed and sealed this ` day of er penalties of:perlary. M/ Linda Hutchenrider,Town Clerk. • 6 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Ma � � Parcel a OLD � Permit# 2 S' �ealth Division '5' # 3-9V6 WRAGIvVr;C 3— Pti'S BLE Date Issued ! 03 Conservation Division . G rr �,, Application Fee 4® Tax Collector v Permit Fee 0 Treasurer Planning Dept. r HMCAWWff 02MAMM CONNECTION PERMIT FROM Date Definitive Plan Approved by Planning Board ENGINEERINGDAMONpXOB HE TO cOAISTFUCTZ011f: Historic-OKH Preservation/Hyannis Project Street Address 117 ` M V' IPAY Village Owner C.LAm fjc�X(4 t'PA Address 771 ham f;�• Can` oQ,Pq , Telephone 7 g i SaZ LIC(®© Permit Request U."t h I lox 10 s h6 y©C 0. —Trta 1Mfk1- SRO_ Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) ti Age of Existing Structure Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) _ Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing 0 new size Attached garage:❑existing ❑new size Shed:❑existing ❑new, size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION _ Name,`f`f'/�l P,► O',156PA 0kA Telephone Number Address :9.DD�VbQCk h-- License# t�c� N �M-F�• �4��7� Home Improvement Contractor# Worker's Compensation# Z2 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE z/9/ -� v '{ • FOR OFFICIAL USE ONLY PERMIT NO. ,7 DATE.ISSUED MAPY-PARCEL•NO. ADDRESS. *i - VILLAGE � 1 , :• i OWNER DATE OF INSPECTION: - FOUNDATION __.,6�0(/J `G'Z -),6 /a 3 - 0,4,- FRAME �f�� B /E lO ! o 3 �t , III� _ INSULATION ' ` FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL _ FINAL BUILDING i _ • DATE CLOSED OUT i ASSOCIATION PLAN NO. Y , COMMERCIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings,Additions Alterations/Renovations $50.00 Building Permit Amendment $50.00 FEE VALUE WORKSHEET square feet x$140.00/sq.foot z o a 0 x.0061= . � 3 • 02 o i Commprojeost _ The Commonwealth of Massachusetts Department of Industrial Accidents Oftfcc offQYesffgatfoas 600 Washington Street Boston,Mass. .02111 - Workers1 Com ensation 7nsuraDce�idavit PON / � name: - ovation h6ne# ci all work myself. ❑ I am a homeowner performing ca aci (] I am a sole aetor and have no one worlds in es worlds on this job. e no oone.7%/ l ung i%/%% /%%%/////g///////%%/%%////%//%%/////%///// o ensation for my em :Yiy.raur+gg R. �{A� g kers C ^t•x ::ny .y;>•:.+.t}.}:x?}�(.t?+::£::,+i Y'. 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As quoted from the 'law", an employ r5'P of hire, express or implied, oral or written. artnershi association corporation or other legal entity, or any two or more of An employer is defined as an individual, p p� the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house haves not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or another app errant thereto shall not because of such employment be deemed to be an employer. buildingMGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or irenewal of a license or permit to operate a business or to construct.buildings in the commonwealth for any applicant who has e ' h the insurance coverage required. Additionally,neither the not produced acceptable evidence of compliance wit _ e of commonpublic work until weklth nor any of its political subdivisions shall enter ofY this chaptect r have br the een Ares resented to the contracting acceptable evidence of compliance with the insurance requirements authority. j Applicants situadon and Please fill in the'workers' compensation affidavit completely,by checking the box that applies ar�your be supplying company names, address and phone numbers along with a certificate'of inanranc Y bmitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and d su r the permit t the application for p e or town that . 't The affidavit should be returned to the city PP � „ date the affi davi being requested, not the Department of Industrial Accidents. Should you have any questions regarding the `law or you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Ell City or Towns ' of the e bottom rented 1 'b1 . The Department has provided a space at th Please be sure that the affidavit complete and p Y eP affidavit far you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the peanitllicerise number which will be used as a reference number. The affidavits maybe retox<ie ln- the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you,inadvance for you cooperation and should you have any questions• please do not hesitate to give us a calf. , The Department's address,telephone and fax number: , The Commonwealth Of Massachusetts Department of Industrial Accidents Gmce of InvesIlgauuns 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 Town of Barnstable Regulatory Services M Thomas F.Geileri Director aJ' a $ulOng Division Toni Perry, MdtSng Comwissiouer 200 Main Sheet, Sy=mis.MA 02601 Office: 508-9624038 Fax: 508 790-MO Property ovaler Must Complete and Sign This Section If Using A Builder P t ec a bj as owmet of the subject. J property... he 67 authorize ,211 to act w ray behalf,. is a,].L matters,tela&e to woA autbozized by this building pcttnit application for: (A s of job) e of Owner batev 1 . Print Natae Q :a SEP Os 103 10:02 1 781 344 9674 PAGE.02 z0iz0'd SEP9bb2T8LT 01 92S6 SLS T8L -1UiN3WNOdInN3 dd EE:01 20, 6d d3S - a 4' { j c+' Td 3 77 " • ✓� �(/JO7IL/Yl0'I'LCIJP.Il�,� 5 :" . B v V�rcii .. 'License:" ©NS° ,1tr01G4$UR�} Tl A r -Tr.no. 24469 THONhAS S LON ` I+ { a 7 GRISSW BEAR WSi� OF MA U98Sr Aticninstrator • j !! $p4 a s•" Qom., ♦� �'..� � ift� .. � � � ',y 3.. ) s F1HE► - r� :n. BARNSTABM a.... .. .. Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-86 -Variance - Cumberland Farms, Inc. Section 3-3.6(5) - Bulk Regulations, HB District Section 4-2.6 Landscape Requirements for Parking Lots Summary: Granted with Conditions Petitioner: Cumberland Farms,Inc. Property Address: 1157& 1171 Iyannough Road_(Route_1.32),.Hyannis,-MA Assessor's Map/Parcel: Map 273,Parcels 082&083 Zoning: Highway Business&GP-Groundwater Protection Overlay Districts Background: The locus of this appeal consist of two abutting lots totaling 1.53 acres,located at the intersection of Route 132 and Bearse's Way. The lots are at the junction of the State and Town right-of-way for Route 132. Both lots front onto Route 132 and Bearse's Way,and both are developed. • Parcel 82 is the Roadway Motor Inn at 1157 Iyannough Road. The 0.96-acre lot is developed with two one- story motel structures totaling 5,424 sq.ft.of building. There are 22 guestrooms and one owner's unit. The structures were built in the 1960's. • Parcel 83 is a Gulf Oil Gas Station addressed as 1171 Iyannough Road. The 0.57-acre lot is developed with a one-story,two-bay service station of 1,450 sq.ft. The station has nine open-air vehicle fueling positions. The building was built in 1955. Although there are two automobile service bays,automobile service has not been performed at the site for a number of years. It appears the station is used only for gas service. The applicant is proposing the complete redevelopment of the two-parcel site into a new gas service station, having a canopied gas fueling area to accommodate 16 covered fueling positions,a 3,816 sq.ft.convenience store and a 1,325 square-foot retail unit. Plans include the complete readjustment of site entrances/exits,37 on-site parking spaces,inclusive of those 16 fueling positions located at the gas pumps. In addition to new drainage, landscaping and lighting,the applicant has also proposed the removal of the underground gas storage tanks and replacement of them with new double-lines tanks. The Gulf Oil Station site has been before the Board in 1987, 1989 and 1999, seeking to improve the smaller 0.57-acre parcel only. Those appeals were all denied or withdrawn. Neither of the parcels have any relief issued to them. The uses and structures pre-date the 1985 re-zoning of the area to Highway Business and the creation of the Groundwater Protection Overlay District. Relief Requested: In applications submitted,the applicant,Cumberland Farms,Inc.,sought a special permit encompass three sections within the Zoning Ordinance,and a variance that also comprised three forms of relief. The special permit-Appeal 2001-85 -sought to permit the alteration and expansion of an existing gas.station and demolition of a motel to allow construction of a convenience and retail store. The applicant sought: i • A Retail Conditional Use Permit in accordance with Section 3-3.6(3)(A) for the convenience/retail store,to be built on Parcel 82. That permit request was for the development and use of a 3,816 square-foot Cumberland Farms convenience market,and a 1,325 sq.ft.retail space. • A Nonconforming Uses Permit in accordance with Section 4-4.5 to alter and expand the existing gas station. The applicant seeks to expand the station from 9 open-air fueling positions to 16 covered fueling positions. • And a permit in accordance with Section 4-2.8 for a Reduction of Parking Requirements. With respect to the variance-Appeal 2001-86—sought relief for structures and site development. They are variances from: • Section 3-3.6(5) Bulk Regulations,for the gas pump canopy with a front yard setback of 16.12 feet from Bearse's Way,where 60 feet is required and 20 feet from Route 132,where 100 feet is required. Relief was also sought for the retail building front yard setback of 35.4 feet from Bearse's Way,where 60 feet is required. • Section 4-2.6 Landscape Requirements for Parking Lots to reduction of the required 45-foot Front Yard Landscaped Seatback to 5 feet along Bearse's Way,and 10 feet along Route 132. Also requested was relief for the 10%interior parking lot landscape requirement. , • Section 3-5.2(6)c Groundwater Protection Overlay District,Lot Coverage requirement that limits impervious surfaces to not more than 50%. During the hearing of these appeals,plans were modified to reduce the nature and number of permits and variances required. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 16, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 08,2001, continued to August 22,and concluded on September 19,2001. At the conclusion the Board found to grant Appeal 2001- 86 for a bulk variance for location of the gas pump canopy within the required front yard setback and a variance to the required landscaped perimeter buffer around the buildings,front yard buffer landscape and the 10%' interior landscape requirements. Board Members deciding this appeal were Daniel M.Creedon,Richard L.Boy,Ralph Copeland,Jeremy Gilmore and Chairman,Ron S.Jansson. Attorney J.Douglas Murphy and Michael A.Kelly represented Cumberland Farms,Inc.,the applicant. At the opening of the hearing,a short history of the site was given and the proposed Plans for improving of the site were presented. Traffic implications were discussed and the exit and entrance drives reviewed,as well as the configuration of those entrances and exits. The Board requested changes in those entrances and exit drives. At the August 22 continuance the applicant and Board reviewed the changes made to the site drives. The Board reviewed the nature of relief being requested. The applicant gave a detail description of proposed sales activities and noted that the convenience store would only have 2,580 sq.ft. of sales area open to the public. The remainder would be for storage,restrooms and managers office. The Board requested changes be made in the proposed plans,the most significant of which was the elimination of the second retail store of 1,325 sq.ft. 'Public comment was taken. Mrs.Carol Livingstone of South Dennis spoke in favor of the application. The Chairman noted letters endorsing the proposal were received from Representative William Delahunt, Congressman, 10th District Massachusetts,State Reperesentative,Demetrius J.Atsalis,2nd Barnstable District, 2 Stephen P Dager,President and Lynne M.Poyant,Executive Director,Hyannis Area Chamber of Commerce, Robert A Burgmann,P.E.Town Engineer,Town of Barnstable. No one spoke in opposition. The hearing was continued to September 191h,to allow for the changes to be made in the plans and re-reviewed by Site Plan Review Committee. At that continuance,the plans were reviewed by the Board,and it was noted by the applicant's representative relief would not be needed for a reduction of parking requirements, Groundwater Protection Overlay District lot coverage requirement,and bulk variance for the convenience store building. Findings of Fact: At the September 19,2001,conclusion the Board unanimously found the following findings of fact as related to the Appeal 2001-86 for a variance 1. Appeal 2001-86 is a request for a variances from Section 3-3.6(5) Bulk Regulations for a gas pump canopy with a front yard setback of 16.12 feet from Bearse's Way,where 60 feet is required and 20 feet from Route 132,where 100 feet is required. A second variances is also requested from Section 4-2.6 Landscape. Requirements for Parking Lots to reduction of the required 45-foot Front Yard Landscaped Seatback to 5 feet along Bearse's Way,and 10 feet along Route 132. The request includes a reduction in the 10%interior parking lot landscape requirement and 10-foot building buffer landscape. The subject property is located on two contiguous parcels of land,one at 1157 Route 132/Iyanough Road,Hyannis (Assessor's Map 273,Parcel 82) and.one at 1171 Route 132/Iyanough Road(Assessor's Map 273,Parcel 83). The property is zoned Highway Business and is within the Groundwater Overlay Protection District. 2. Parcel 82 is presently operated as a motel,known as the Roadway Motor Inn(the"Motel"),and Parcel 83 is presently operated as a Gulf Gasoline Station(the"Gas Station"). Collectively they are referred to as the "Premises". 3. The Premises have an acutely triangular shape unique to the highway business district,having 525 feet of frontage on Bearse's Way and 436 feet of frontage on Route 132 converging at the intersection of Bearse's Way and Route 132;with a back line (base of the triangle) of approximately 326 feet. The Premises comprise approximately 1.46 acres (63,387 square feet) of gross land area. 4. The portion of the Premises comprising Parcel 82 is currently operated as a 22 unit motel plus owner's apartment located in two buildings covering approximately 5,400 square feet of land area plus parking area and an in-ground swunming pool. 5. The portion of the Premises comprising the Gas Station is improved with a single commercial building with office and restroom facilities from which certain automotive and unrelated items,e.g.,soda,candy,cigarettes, crackers,suntan lotion,maps,etc.,are sold;a two-bay service garage with hydraulic lift machinery;a machinery room containing a heating plant,inventory storage,compressor systems;and two externally accessed restrooms;together with 9 gasoline dispensing units and underground storage tanks. 6. The northerly boundary of the Gas Station abutting Route 132 which has a lineal distance of approximately 293 feet actually lies approximately 65 feet from the Route 132 paved surface. The Petitioner has been authorized by Mass.Highway to incorporate this roughly 18,000 sq. ft.unpaved parcel of the highway layout into a comprehensive landscaping scheme to be planted and maintained by the Applicant. 7. The Premises suffer two acute triangular features in their perimeter which were created by the road layout and taking made by the Commonwealth. 8. Parcel 83 has 40,000 gallons of underground fuel storage in four(4) separate tanks,each of 10,000 gallons storage,and each of which has been in-ground for almost twenty years. '9. At present there is no overhead awning,canopy or other protection above the fuel dispensing stations nor is 3 1 there an integrated overhead fire suppression system. 10. Parcels 82 and 83 are presently serviced by five curb cuts,two of which service the Gas Station on the Bearse's Way frontage,two of which service the gas station on the Route 132 frontage,and one of which services the Motel frontage on Route 132.At the present time,none of the five curb cuts is subject to turning movement restrictions either upon entry,or exiting the properties and the configuration and geometry of the curb cuts do not conform to contemporary standards. 11. The current Gas Station operation has been located at this site since at least 1955 and the site appears to have been operated as a service station as far back as the 1930's.The Gas Station is a lawful,pre-existing, non-confornng use and structure;and the Motel is a lawful,preexisting,non-conforming use and structure. 12. The Premises is a corner lot located within the HB Zoning District. Any improvements thereon are required to be set back 100' from Route 132 and 60'from Bearse's Way. These setback requirements literally overlap and preclude the addition of any conforming building on Parcel 83. 13. Parcel 82 contains frontage on both Route 132 and Bearse's Way and is therefore subject to a 100' setback from Route 132 and a 60' setback from Bearse's Way. All of the structures on the Motel parcel fail to meet front and side (30) setback. 14. The current lot coverage of the Gas Station parcel is 61%impervious and of the Motel parcel is 75% impervious,rendering each non-conforming under the 50%maximum lot coverage proscribed by the Zoning Ordinance.The relief requested will reduce lot coverage to 40%. 15. The present curb cut configuration of the Gas Station parcel presents a curb cut on Route 132 only 46' from the intersection with Bearse's Way,and on Bearse's Way only 127'from the intersection with Route 132. Granting the relief requested will enable relocation of curb cuts on Route 132 so that the closest curb cut to the intersection with Bearse's Way will be 181feet instead of the present 46 feet from the intersection. The Bearse's Way curb cut closest to the intersection will be almost 290 feet instead of 127 feet from the intersection with Route 132. 16. All curb cuts have been engineered after consultation with the Town Engineering Division,the Applicant's Traffic Consultant and Mass.Highway and bring the design and geometry up to contemporary standards. 17. The existing Gas Station affords only outside access to rudimentary toilet facilities with limited security and convenience,outmoded lighting,fire suppression and the absence of an overhead canopy. If the requested relief is granted,the public convenience and safety will be greatly enhanced by the.provision of interior, handicapped accessible toilet facilities,contemporary lighting conforming to Cape Cod Commission standards,a modem fire suppression system located under a canopy which will also afford weather protection. 18. The plans under consideration depicting the relief sought by the Applicant have been developed over several years and prior proceedings,many of which related to relief sought solely for the Gas Station parcel. The current plans represent the evolution of plans filed in April of 2001 which have been modified in conformity with recommendations by the Site Plan Review Committee,the Town Engineering Division and the Board of Appeals. Modifications and revisions including;a reduction in the size of the proposed retail building by almost 30%,a realignment and reconfiguration of curb cuts,a significant reduction in the number of parking spaces,a relocation of service facilities (vacuum,air and phone facilities),the addition of a sidewalk contiguous to the Premises on the Bearse's Way side,and a reduction in overhead lighting volume and intensity. 19. The plan will result in the installation of an extensive landscaped area to be constructed and maintained by 4 I the applicant. A"Welcome to Hyannis" sign is to be constructed and maintained by the applicant at this `gateway landscape'. Four(4) 10,000 gallon underground storage tanks are to be removed and replaced with new,state-of-the-art underground storage tanks,equipped with the most modern of monitoring and safety measures. Outmoded dispensing pads and equipment will be removed and replaced and expanded with more modem and efficient equipment that will facilitate the public convenience and safety. A surface water retention plan designed to retain all surface waters on-site is to be implemented. The new traffic circulation scheme is intended to minimize any adverse impacts and to improve traffic circulation and safety both within and adjacent to the Premises. 20. The plan has been approved by the Site Plan Review Team(most recently in SPR69-01). 21. Parcel 83 affords a unique shape that deprives the ability to construct improvements within applicable front yard setback that creates substantial hardship in trying to renovate and improve this Gateway location with a view to the public safety and convenience of the Community. 22. A literal enforcement.of the provisions of the Zoning Ordinance would involve substantial hardship, financial and otherwise,to the Applicant. 23. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance and will actually enhance the public safety and public good,and promote the purposes of the Zoning Ordinance. 24. The grant of relief from the landscape requirements.of Section 4-2.6(2)(B) and interior landscape requirements of Section 4-2.6(3)will enable the implementation of the extensive landscape scheme as shown . on plans presented. The result of which will be a`Gateway'landscaped area including part of the Premises and within the state highway layout(pursuant.to a Massachusetts Highway Department authorization). Adhering to the requirements of Section 4-2.6 as noted would impose substantial hardship in trying to deal with this uniquely shaped parcel with its varying setbacks from the paved layout of the highway,its unique configuration and the limited area to work with,particularly along Bearse's Way. All of which would be more than adequately compensated by landscaping the portion of the state highway layout and Premises. 25. A literal enforcement of the landscape provisions of the Ordinance would involve substantial hardship, financial and otherwise,with regard to this uniquely shaped and located parcel. Relief may be granted without substantial detriment to the public good and,indeed,while enhancing the public good. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Appeal 2001-86 for variances from a Section 3-3.6(5) -Bulk Regulations of the Highway Business District and Section 4-2.6 Landscape Requirements for Parking Lots. 1. With respect to Section 3-3.6(5) -Bulk Regulations of the Highway Business District a variance is granted for;a gas pump can not to exceed 92 feet by 38 feet to infringe into the required front yard setbacks for the district and a reduction of the required 45-foot Front Yard Landscaped Setback to 5 feet along Bearse's Way,and its reduction to 10 feet along Route 132. This relief is granted provided the proposed structures shall be built and located as shown on 12 sheets of plans entitled"Cumberland Farms"presented to the Board and initialed by the board.. 1 - 5 I 2. With respect to Section 4-2.6 Landscape Requirements for Parking Lots a variance is granted to the required 10-foot landscaped perimeter buffer around the building(Section 4-2.6(2)(B)) and the 10% interior landscape requirement(Section 4-2.6(3)).This relief is granted provided the development of Parcels 82 and 83 shall be as shown on plans entitled"Cumberland Farms",presented to the Board and with the condition that the applicant shall install,nurture and maintain the landscaped areas shown on the Landscape Plan drawn by Richard Lakutis,ASLA,last revision date of 8-30-01. 3. The motel use is to be discontinued 4. Both parcels of land are to be combined into one ownership 5. The applicant shall comply with all conditions imposed in Appeal 2001-85 The vote was as follows: AYE: Daniel M.Creedon,Richard L.Boy,Ralph Copeland,Jeremy Gilmore and Ron S.Janson NAY: None Ordered: Variance 2001-86 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S.J hairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,.here"certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no:appeal of the decision has been filed in the office of the Awn Clerk. Signed and sealed this ` day of er penAies.o£:perj;uy.. a !4, Linda Hutchenrider,Town Clerk. i . 6 TOWN OF BARNSTABLE 30 DAY TEMPORARY CERTIFICATE OF OCCUPANCY PARCEL ID 273 082 GEOBASE ID`` 18389 i ADDRESS 1157 IYANNOUGH ROAD/ROUTE PHONE HYANNIS ZIP - LOT LT 1 26 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 61191 DESCRIPTION CUMBERLAND FARMS 30 DAY TEMP.C/0 PERMIT TYPE BTCOO TITLE TEMP. OCCUPANCY PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: ME BOND $-00 OxT CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE 1 *'d) + BARNSTABLE, s MASS. Ep� BUILDING�`DIVISIOBY DATE ISSUED 05/20/2002 EXPIRATION DATE / 'Z.� PLir.i" 4- t3E�!tl~r L• J Ti +r`!.�..ts' THY ?mot, F�ilL� c:.i i 5'i' i 1 Al INN( Ilju i' IN I [ t J :y i ..l ;F=' i 'I �.�oi�� C.� ;.�-�x;.R��.� �^�. F'L•iZt'tl`!� TZI� ': rjvl��i•r• �.r.,,r is r�in� ..�-�,:. r �57 ` � f� Department of Health, Safety f:RCA iTL T and Environmental Services TO AS- Ct`7i:STt:t'�.".'T�r'! (`.(1t�'1'� :=,1 !f-:;,E;O_ .�� ,_� � Qi► 327 ?; ii;S U' C'j i 'i't �,:y1 1 jGIN ,f , t. 1 P * 7C • ' * BARNSTABLE, • 1 MASS. ED� BUILDING DIVISION r� BY C -rr: DATEi►C _t1 tj) 3 11��r:t7 * •C�. '4ti_ i �F� ��ry,r A � TOWN OF BARNSTABLE I : BUILDING PERMIT { PARCELID 273 082 CEOBASE rD' 18389 � R ADDRESS 1157 IYANNOUGH ROAD/ROUTE PHONE HYANN I S ZIP LOT LT ,1 23 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY IPE1.MIT 59540 DESCRIPTION NEW CUMBERLAND FARMS/'CORNER OF BEARSES WAY PERMIT TYPE ' •BUILDC TITLE COMMERCIAL, BUILDING � , CONTRACTORS, CUMBERLAND FARMS Department of Health, Safety and Environmental Services TOTAL FEES: - $7 320.00 ' TNE � BOND $.00 d'F CONSTRUCTION COSTS $1, 183,606.50 I - 327 STORES. & CUSTOMER SERVICE 1 PRIMATE P. V BAItN3TAEILE, s �:;� 1639.� MA83. I ED pA�A I I BUILDING DIMS ON I; BY� --_--- .•�. DATE ISSUED 0�/3 �,/2002 EXPI ATION DATE THIS PERMIT•C*ONVEYS NO RIGHT TO OCCUPY ANY STREET ALLEY OR SIDEWALK OR ANY PART THEREOF, EN- CROACHMENTS EITHER�TEMPORARILY OR PERMANENTLY.EN CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM=THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS'REQUIRED I FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE CARD KEPT POSTED UNTIL FINAL INSPECTION HERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS PERMITS ARE REQUIRED FOR HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- 2.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). FANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 Z � .r 00, lb �J` � t®/►c�lfG�11 GSA/ 3 2 1 HEATING INSPECTI PPRO ALS NGI ERI DEPARTNJPNp K�C Ave.6 - ' c Aow for `� '/7' z 7 2 Or,)D/9 F HEALT OTHER: S E PLAN REV E APPROVAL I C v WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. 6ff j • ., _ - ,��o G, ' 1 V III �i A _ III �� III `,' I �!� � ; . I ;�.' «'"T;� I� r'`f 4 ��. �, ��I .� ii �` � x i i 5/20/02 Cumberland Farms m ''+'"""' t�- _.�-�� � ..��:- �'"•ON "" Wi'"�' � �`�"' w�i.+w� .wM. Y _ .ram � r ,'�e,.�' + n,ry,,.•-k-. an �1 ,�.• .tea; r,�:�.�`� -�.;,�..s,.. _ ..t ., .-. �+rc�� � e«.'. �sue.titrre .a�'k"i� .«z � 4.�5�. .,,�.�•*" A r z - a i��`q '� � a s i 7 t�w� ��r ,b`. �e. w=ar+ey�� � ,�... .�. .,m..• iW Ull s •�" = � :.���'� t„�� * ark, M'Mk' rA t- Mlq;gg' " ' S . t 1 5/20/02 WO y: nv 1 L ti �,,,' •_ t a1-.�'�4 .ter _., �, .�:�f : a° c P* m _+ ��4 s •,['.�,,�'. ' ,+�.'' � "�-�rarer ry "'fk 'Y'''�' �c`,�.�._ Mx+ }L' ,�{.{� r �tcf,{Y� : •'�q Fy"1 'y., �: 1 � , i � .* .,.+ ` -�;�y� ..rpff} ..ram ,.•+'1 F,. F 7 % i '�"!.�� -r $,�. .at _ r, `Z s I ,yv s At � ��� t • *�� � 'f g(C[iy��W i n�1 ny " {•{l V�' f� �iN tc �n f d ? t Fn k F4ir F:t p r t $ + l r �►_"`�- � � ',. ''sue �� ;� - �'"` - x'� � ..'"�`�rc yL Te•*'C= -�•1.- � pA: -"4'-a; �,... -"era�r«„�� _c r ` M a y w er N � y .t ••fir! � ��.,�^' ^°�vs ,�, a� .-.,:s+$6' ^�.��.. � �-�k �� k. ' m" c Y —� ;'� t7�' �i� � ''��.�,. � �� �r,' -*,' ^SSG •x a��,� R.�wr.�►+ •�'• 'fir wr«.,�t�� t �^Y � �, assw., »- .ca .e� � _ w Giangregorio, Robin From: Seymour, Steve Sent: Monday, June 03, 2002 10:20 AM To: Perry, Tom; Schlegel, Frank Cc: Giangregorio, Robin; Burgmann, Bob;Andres, Neil Subject: Cumberland Farms Route 132/Bearse's Way Tom, There are some work items that the developer needs to complete on Bearse's Way and Route 132 adjacent to the Cumberland Farms site: 1) Many of the wheelchair ramps at the driveway entrances will need to be redone. Some of these ramps have curbs that are sticking up out of the ramps. The curbs will need to be lowered to be even with the pavement and to make the openings larger. In the meantime the developer needs to place cones around the curbing to warn motorists and pedestrians of the obstacles. The sharp curb edges can easily puncture a tire. In addition I will be checking the grade and the openings on these ramps to see if they conform to ADA standards. Those ramps that do not conform to ADA standards will need to be redone. 2) The sidewalk on Bearse's Way needs to be extended a short distance southerly to connect with the existing sidewalk. 3) Cumberland Farms needs to provide the Town with an easement for the sidewalk on Bearse's Way. A portion of the sidewalk is outside the Town owned right of way. 4) The areas disturbed by the construction work need to be cleaned up and restored with vegetation. 5) Some of the loop detectors for the traffic signals were damaged during the construction work. I have made the State aware of the damage. We need to receive confirmation from the state that the signals have been repaired to their satisfaction. Please contact me before you grant a permanent occupancy permit for this site. Thank-you. Steve 1 F„.f TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION �p r Map �2 3 Parcel 0 9-3 1 Permit# Health Division d� Date Issued Conservation Division Z lS F,�Z ]] - Fee Tax,Collector Treasurer 1�5/�i2 )� � �.icnNz, usT p TA Planning Dept.t. Al �-- t`vV»T 151T FR�OMpirF ��:� Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address //7/ Anjy�htd y A& 41uc iy At ,y Village A��AJ;S M 14 Owner 1�eL407 4&gl AIZwtS Address Telephone 19 --19 Z9-4 Permit Request �&Wo Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction Type all-s Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation: Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: O Yes ❑ No Detached garage:O existing 0 new size Pool:O existing O new size Barn:❑existing ❑new size Attached garage:O existing 0 new size Shed:O existing Cl new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded Cl Commercial ❑Yes ❑ No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name 1f//SJ'A ��2L�2i�q lt/ .5e2yfe.es TLu Telephone Number Y Address RQ k c6 License# 0 2 ' �a mxt 19,:23,3Z Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO(' oiO �Z4gZ SIGNATURE ( DATE oZ D� w 3 ` ? FOR OFFICIAL USE ONLY PERMIT NO. • DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER i DATE OF INSPECTION: FOUNDATION FRAME r INSULATION FIREPLACE x Y ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL F FINAL BUILDING - X DATE CLOSED OUT a , ASSOCIATION PLAN NO. i _ __ The Commonwealth of Massachusetts .. Department of Industrial Accidents ,� -_�`� = Office of/orestfgatfoos ' 600 Washington Sheet Boston,Mass. 02111 Workers' Co m ensation Insurance Affidavit name l ►0 i4 Fz hit 4 location. Rd � cityf( �l��N-fu rj A � ❑ I am a homeowner performing all work myself. ❑ I am a sole rietor and have no one worlds in ca achy / %/ %w/a/m//% I am an em 1 er"roviding workers' compensation for my employees working,on this :: ;�A -r �� :zy om smr�nam �YYb i [J S . ............� £1 ...... hti]rB ..... :::' 1T11CY c C`:CO25�i>5�' " :in.uran / I am a sole propriet eneral=cont/ractor,rr homeowner(circle one)and have hired the contractors listed below who have the followin workers' compensation polices: n cony ad ess Xf ; 'X. ..........:.... <.;;:;;;.;;.;::::::�>;:;.;:;;;.::::;•;.:-� �- :�>:....:.;;>:�. :.: ::•:.>«>;•.::�.. .::::; ::.::::::::.................::::::.�....... MIN c sa.II :.... address• :: - :::::<:>;»::::::. h 11 on << >': .... < :....... oli cv222-* �n1IIi�IICC j Fafimre to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of erhnbW penalties of a fine up to 51,500.00 and/or one years'Unprisomnent as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify pnder the sins and enald of perjury that the information provided above is ow.and coned Signature Date p Phone# Print name official use only do not write in this area to be completed by city or town official city or town, permitNcense# ❑Building Department (JLiceosi ng Board ❑checkif lmmediste response is required ❑Selectmen's Office _ ❑Health Department contact person: phone#; �O u -------------- Oavued 9195 PJA) I Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies:to your situation and supplying company names, address and phone numbers along with a,certificate of insurance as,all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the A affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the.applicant. Please be sure to fill in the peimit/license number which will be used as a reference number. The affidavits maybe return d to the Department by mail or FAX unless other arrangements have been made-.- The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Ofnce of Invesugations 600 Washington Street Boston, Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 Property Location: 1171 IYANNOUGH ROAD/ROUTE132 MAP ID: 273/083/ Vision ID:20954 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/15/2002 09 lko NO Element Cd. Description (-Ommercl I a Style/Type 26 ery a - ay Element Ca. (A. Description Model 95 Sery Station Heat Grade 0C C Frame Type )3 MASONRY BAS bu Stories 1 1 Story Baths/Plumbing )2 AVERAGE ccupancy 00 Ceiling/Wall D8 TYPICAL A Exterior Wall 1 15 oncr/Cinder %Common 2 VERAGE n Rooms/Prtns Wall 2 all Height 12 Roof Structure )I Flat Roof Cover )2 Rolled Compos Interior Wall I )I Minimum 31,101 N'If 2 Dement C;oae Description actor Interior Floor 1 )3 Coner-Finished Complex 29 2E 2 Floor Adj Unit Location Heating Fuel )2 it Heating Type )3 of Air-No D Number of Units AC Type 1 one Number of Levels %Ownership Bedrooms 00 Zero Bedrooms Bathrooms 0 Zero Bathrms 00 0 Full rotal Rooms 1 1 Room Unadj.Base Rate 53.00 50 Size Adj.Factor 1.07586 ath Type Grade(Q)Index 0.95 Kitchen Style Adj.Base Rate 54.17 Bldg.Value New 78,547 Year Built 1955 Eff.Year Built 1965 1 Physcl Dep 35 Funcnl Obslnc 0 con Obsinc 15 (;ode Vesc7tion Percentage —Specl.Cond.Code 334U UAS N1 NXV 1uu Specl Cond% Overall%Cond. 50 Deprec.Bldg Value 39,300 x Code Description LIB Units Unit Price Yr. Dp Rl %%Cnd Apr. Value 50— S&P (-ode Description LiVingArea UrosSArea Eff.Area Unit(-ost Undeprec. value BAN First Floor 1,450------Y,-450 78,547 IFIL Gross 1-vlLease Area 194501— 1,450— 1,45U B, g a --79,Y47 Property Location: 1171 IYANNOUGH ROAD/ROUTE132 MAP ID: 273/083/// Vision ID:20954 Other ID: Bldg#: 1 Card 1 of 1 Print Date:02/15/2002 09:31 f< 1 � ' „ s s :��.� 'i. ,r, .,, �..b,r _.� �� ;, .�,��o., ._ escnptaon Code Appraised value ASSeSSea� value " 77 DEDHAM ST V1284 COMMERC. 3340 39,300 39,300 801 CANTON,MA 02021 OMMERC. 3340 1,800 1,800 Barnstable 2002,MA ccounPlan Ref. Tax Dist. 400 Land Ct# er.Prop. #SR Life Estate ♦ ISION DL 1 Notes: DL 2 GIS ID: 20954 Total 311,100 311,100 SALE :3 ll aV t r e �. ,s' a s t •ps•s i q„ a' .. .. ..' -. ,.,;, �.'A •.li£- �.-:'..�%..�' ,. ,.. ., , � .�,•.. 9n.'�,m�';'�,''.. � 'AMA .�.. - ;` •i •:. ':. ..a. � ' fi......e k.... ,?�s o).:-S _' ,._;Ni lea. ."•..b�.. .n r. Go de Assess value r. Code ssesse value r. code ssesse a tte.. GULF OIL CORP 3901/150 10/15/1983 U I 31,340 H , 2001 3340 39,300 000 3340 3797001999 33401 37,700 2001 3340 1,800 000 3340 1,8001999 3340 1,800 ota: 311,100 Total. 755,81 Total.-I A � >� _ �: °` f � �� ,� �% is st nature ac now a es a visit a ata o ector or ssessor. ��" �•; �. _ r. � '�'�,. , e..�� �:rem �, �> �, g g Y ear lypelvescription Amount code Description um er Amount Gomm. nt. 3My , Appraised Bldg.Value(Card) 399300 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 1,800 ota Special Value(Bldg) 270,000 cial Land Value , o0 70 0 Total Appraised Card Value 311,100 Total Appraised Parcel Value 3119100 Valuation Method: Cost/Market Valuation e otal AppraisedParcel Value 311,100 W .,-,, ems . . ermet Issue ate ype Description mount Insp. ate o Comp. ate omp. omments ate y. u apo s eut- < s ''. + „ �" -•S' ., W3�'pia �. Use Code Description Zone D Vrontage Depth Units Unit Price L Pactor actor Nbha. Adj- Notes-A tat Pricing Adj. rat Price Land Value o es: , otii Cardan nitsU.571 ACI Parcelota an rea: b.57 Aq-- �Wal Landa u27U,UUU �JD Air 2AP f�k�v�°f fyF i l 3 Yd u ii . b L 7 SON -TR°J�,TE�� �11#PEf��/iSG�E� P�gillz GvMIAMIQ6s1,4 ��$ � t a � ' S D 'IG'E nl3C�EE �1Ii�IG,RG' i T�tIE ��i ,?-Ft! 02_878 �dm►nistraU t , WAYa Oa 35'ODo of enclosed space . 1 Masonry one' 1 G 1 &2�ami'mR omes s Failure to. assess a current edttmniof the ' Massachusetts StGte Butfdng Code is causefor revocation oFShts Itcense sAFE CAL L CENTER (8'68f . �233 t" 03/08/2002 FRI 14:57 FAX 5087909370 Linda Roderick Q 001 OSMAMO®/ NSTAR Electric&Gas Corporation One NSTAR Way,Westwood,Massachusetts 02090-9230 EL ECTR/C GAS . March 8, 2002 David Audette • The electric service and meter at the property of Cumberland Farms, DBA Gulf Oil Co., Bearses Way, Hyannis , were removed on March 7, 2002. This was done at your request. Sincerely, Barbara Trocchi Office Administrator MAR-05-2002 16:01 BARNSTABLE WATER COMPANY 508 790 1313 P.02i02 Barnstable 47 UATER P.O.Old Box326 Yarmouth Read C O M P A N Y Hyannis,Massachusetts 02601-0326 508/775 i March 5, 2002 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN HALL HYANNIS MA 02601 RE: Service 41485 Gulf 'Station Route 132 & Bearses Way S yannis Dear Sir: Please be advised that the above water service has been shut off at the main and the meter removed today, March 5, 2002, at the owner's request. we have been informed that the building there is to. be demolished, Sincerely, Janes Morse, Clark Barnstable Water Co. TOTAL P.02 i t �p THE + BARNSTABLE, MASS. 9q, 1679. Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-86-Variance - Cumberland Farms, Inc. Section 3-3.6(5) - Bulk Regulations, HB District Section 4-2.6 Landscape Requirements for Parking Lots Summary: Granted with Conditions Petitioner: Cumberland Farms,Inc. Property Address: 1157& 1171 Iyannough Road(Route 132),Hyannis,MA., Assessor's Map/Parcel: Map 273,Parcels 082&083 Zoning: Highway Business&GP-Groundwater Protection Overlay Districts Background: The locus of this appeal consist of two abutting lots totaling 1.53 acres,located at the intersection of Route 132 and Bearse's Way. The lots are at the junction of the State and Town right-of-way for Route 132. Both lots front onto Route 132 and Bearse's Way, and both are developed. • Parcel 82 is the Roadway Motor Inn at 1157 Iyannough Road. The 0.96-acre lot is developed with two one- story motel structures totaling 5,424 sq.ft. of building. There are 22 guestrooms and one owner's unit. The structures were built in the 1960's. • Parcel 83 is a Gulf Oil Gas Station addressed as 1171 Iyannough Road. The 0.57-acre lot is developed with a one-story, two-bay service station of 1,450 sq.ft. The station has nine open-air vehicle fueling positions. The building was built in 1955. Although there are two automobile service bays,automobile service has not been performed at the site for a number of years. It appears the station is used only for gas service. The applicant is proposing the complete redevelopment of the two-parcel site into a new gas service station, having a canopied gas fueling area to accommodate 16 covered fueling positions, a 3,816 sq.ft. convenience store and a 1,325 square-foot retail unit. Plans include the complete readjustment of site entrances/exits, 37 on-site parking spaces,inclusive of those 16 fueling positions located at the gas pumps. In addition to new drainage, landscaping and lighting, the applicant has also proposed the removal of the underground gas storage tanks and replacement of them with new double-lines tanks. The Gulf Oil Station site has been before the Board in 1987, 1989 and 1999, seeking to improve the smaller 0.57-acre parcel only. Those appeals were all denied or withdrawn. Neither of the parcels have any relief issued to them. The uses and structures pre-date the 1985 re-zoning of the area to Highway Business and the creation of the Groundwater Protection Overlay District. Relief Requested: In applications submitted, the applicant, Cumberland Farms, Inc., sought a special permit encompass three sections within the Zoning Ordinance,and a variance that also comprised three forms of relief. The special permit—Appeal 2001-85 - sought to permit the alteration and expansion of an existing gas station and demolition of a motel to allow construction of a convenience and retail store. The applicant sought: I • A Retail Conditional Use Permit in accordance with Section 3-3.6(3)(A) for the convenience/retail store, to be built on Parcel 82. That permit request was for the development and use of a 3,816 square-foot Cumberland Farms convenience market,and a 1,325 sq.ft. retail space. • A Nonconforming Uses Permit in accordance with Section 4-4.5 to alter and expand the existing gas station. The applicant seeks to expand the station.from 9 open-air fueling positions to 16 covered fueling positions. • And a permit in accordance with Section 4-2.8 for a Reduction of Parking Requirements. With respect to the variance-Appeal 2001-86—sought relief for structures and site development. They are variances from: • Section 3-3.6(5)Bulk Regulations, for the gas pump canopy with a front yard setback of 16.12 feet from Bearse's Way,where 60 feet is required and 20 feet from Route 132,where 100 feet is required. Relief was also sought for the retail building front yard setback of 35.4 feet from Bearse's Way,where 60 feet is required. • Section 4-2.6 Landscape Requirements for Parking Lots to reduction of the required 45-foot Front Yard Landscaped Seatback to 5 feet along Bearse's Way, and 10 feet along Route 132. Also requested was relief for the 10%interior parking lot landscape requirement. • Section 3-5.2(6)c Groundwater Protection Overlay District,Lot Coverage requirement that limits impervious surfaces to not more than 50%. During the hearing of these appeals,plans were modified to reduce the nature and number of permits and variances required. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 16, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 08, 2001, continued to August 22, and concluded on September 19,2001. At the conclusion the Board found to grant Appeal 2001- 86 for a bulk variance for location of the gas pump canopy within the required front yard setback and a variance to the required landscaped perimeter buffer around the buildings, front yard buffer landscape and the 10% interior landscape requirements. Board Members deciding this appeal were Daniel M. Creedon,Richard L. Boy,Ralph Copeland,Jeremy Gilmore and Chairman,Ron S.Jansson. Attorney J. Douglas Murphy and Michael A. Kelly represented Cumberland Farms, Inc., the applicant. At the opening of the hearing,a short history of the site was given and the proposed plans for improving of the site were presented. Traffic implications were discussed and the exit and entrance drives reviewed, as well as the configuration of those entrances and exits. The Board requested changes in those entrances and exit drives. At the August 22 continuance the applicant and Board reviewed the changes made to the site drives. The Board reviewed the nature of relief being requested. The applicant gave a detail description of proposed sales activities and noted that the convenience store would only have 2,580 sq.ft. of sales area open to the public. The remainder would be for storage,restrooms and managers office. The Board requested changes.be made in the proposed plans, the most significant of which was the elimination of the second retail store of 1,325 sq.ft. Public comment was taken. Mrs. Carol Livingstone of South Dennis spoke in favor of the application. The Chairman noted letters endorsing the proposal were received from Representative William Delahunt, Congressman, 10th District Massachusetts,State Reperesentative,Demetrius J.Atsahs, 2°d Barnstable District, 2 Stephen P Dager,President and Lynne M. Poyant,Executive Director,Hyannis Area Chamber of Commerce, Robert A Burgmann,P.E. Town Engineer,Town of Barnstable. No one spoke in opposition. The hearing was continued to September 19th, to allow for the changes to be made in the plans and re-reviewed by Site Plan Review Committee. At that continuance, the plans were reviewed by the Board,and it was noted by the applicant's representative relief would not be needed for a reduction of parking requirements, Groundwater Protection Overlay District lot coverage requirement,and bulk variance for the convenience store building. Findings of Fact: At the September 19, 2001, conclusion the Board unanimously found the following findings of fact as related to the Appeal 2001-86 for a variance 1. Appeal 2001-86 is a request for a variances from Section 3-3.6(5)Bulk Regulations for a gas pump canopy with a front yard setback of 16.12 feet from Bearse's Way,where 60 feet is required and 20 feet from Route 132,where 100 feet is required. A second variances is also requested from Section 4-2.6 Landscape Requirements for Parking Lots to reduction of the required 45-foot Front Yard Landscaped Seatback to 5 feet along Bearse's Way, and 10 feet along Route 132. The request includes a reduction in the 10%interior parking lot landscape requirement and 10-foot building buffer landscape. The subject property is located on two contiguous parcels of land, one at 1157 Route 132/Iyanough Road,Hyannis (Assessor's Map 273,Parcel 82) and one at 1171 Route 132/Iyanough Road (Assessor's Map 273,Parcel 83). The property is zoned Highway Business and is within the Groundwater Overlay Protection District. 2. Parcel 82 is presently operated as a motel,known as the Roadway Motor Inn (the"Motel"), and Parcel 83 is presently operated as a Gulf Gasoline Station (the"Gas Station"). Collectively they are referred to as the "Premises". 3. The Premises have an acutely triangular shape unique to the highway business district,having 525 feet of frontage on Bearse's Way and 436 feet of frontage on Route 132 converging at the intersection of Bearse's Way and Route 132;with a back line (base of the triangle) of approximately 326 feet. The Premises comprise approximately 1.46 acres (63,387 square feet) of gross land area. 4. The portion of the Premises comprising Parcel 82 is currently operated as a 22 unit motel plus owner's apartment located in two buildings covering approximately 5,400 square feet of land area plus parking area and an in-ground swimming pool. 5. The portion of the Premises comprising the Gas Station is improved with a single commercial building with office and restroom facilities from which certain automotive and unrelated items, e.g., soda,candy, cigarettes, crackers, suntan lotion,maps,etc., are sold;a two-bay service garage with hydraulic lift machinery;a machinery room containing a heating plant,inventory storage,compressor systems;and two externally accessed restrooms;together with 9 gasoline dispensing units and underground storage tanks. 6. The northerly boundary of the Gas Station abutting Route 132 which has a lineal distance of approximately 293 feet actually lies approximately 65 feet from the Route 132 paved surface. The Petitioner has been authorized by Mass. Highway to incorporate this roughly 18,000 sq. ft. unpaved parcel of the highway layout into a comprehensive landscaping scheme to be planted and maintained by the Applicant. 7. The Premises suffer two acute triangular features in their perimeter which were created by the road layout and taking made by the Commonwealth. S. Parcel 83 has 40,000 gallons of underground fuel storage in four(4) separate tanks,each of 10,000 gallons storage,and each of which has been in-ground for almost twenty years. 9. At present there is no overhead awning, canopy or other protection above the fuel dispensing stations nor is 3 there an integrated overhead fire suppression system. 10. Parcels 82 and 83 are presently serviced by five curb cuts, two of which service the Gas Station on the Bearse's Way frontage,.two of which service the gas station on the Route 132 frontage,and one of which services the Motel frontage on Route 132.At the present time,none of the five curb cuts is subject to turning movement restrictions either upon entry, or exiting the properties and the configuration and geometry of the curb cuts do not conform to contemporary standards. 11. The current Gas Station operation has been located at this site since at least 1955 and the site appears to have been operated as a service station as far back as the 1930's. The Gas Station is a lawful,pre-existing, non-conforming use and structure;and the Motel is a lawful,preexisting,non-conforming use and structure. 12. The Premises is a corner lot located within the HB Zoning District. Any improvements thereon are required to be set back 100' from Route 132 and 60' from Bearse's Way. These setback requirements literally overlap and preclude the addition of any conforming building on Parcel 83. 13. Parcel 82 contains frontage on both Route 132 and Bearse's Way and is therefore subject to a 100' setback from Route 132 and a 60' setback from Bearse's Way. All of the structures on the Motel parcel fail to meet front and side (30') setback. 14. The current lot coverage of the Gas Station parcel is 61%impervious and of the Motel parcel is 75% impervious,rendering each non-conforming under the 50%maximum lot coverage proscribed by the Zoning Ordinance.The relief requested will reduce lot coverage to 40%. 15. The present curb cut configuration of the Gas Station parcel presents a curb cut on Route 132 only 46' from the intersection with Bearse's Way, and on Bearse's Way only 127' from the intersection with Route 132. Granting the relief requested will enable relocation of curb cuts on Route 132 so that the closest curb cut to the intersection with Bearse's Way will be 181feet instead of the present 46 feet from the intersection. The Bearse's Way curb cut closest to the intersection will be almost 290 feet instead of 127 feet from the intersection with Route 132. 16. All curb cuts have been engineered after consultation with the Town Engineering Division, the Applicant's Traffic Consultant and Mass. Highway and bring the design and geometry up to contemporary standards. 17. The existing Gas Station affords only outside access to rudimentary toilet facilities with limited security and convenience, outmoded lighting, fire suppression and the absence of an overhead canopy. If the requested relief is granted, the public convenience and safety will be greatly enhanced by the provision of interior, handicapped accessible toilet facilities, contemporary lighting conforming to Cape Cod Commission standards, a modem fire suppression system located under a canopy which will also afford weather protection. 18. The plans under consideration depicting the relief sought by the Applicant have been developed over several years and prior proceedings,many of which related to relief sought solely for the Gas Station parcel. The current plans represent the evolution of plans filed in April of 2001 which have been modified in conformity with recommendations by the Site Plan Review Committee, the Town Engineering Division and the Board of Appeals. Modifications and revisions including;a reduction in the size of the proposed retail building by almost 30%, a realignment and reconfiguration of curb cuts,a significant reduction in the number of parking spaces, a relocation of service facilities (vacuum, air and phone facilities), the addition of a sidewalk contiguous to the Premises on the Bearse's Way side, and a reduction in overhead lighting volume and intensity. 19. The plan will result in the installation of an extensive.landscaped area to be constructed and maintained by 4 i the applicant. A"Welcome to Hyannis" sign is to be constructed and maintained by the applicant at this `gateway landscape'. Four(4) 10,000 gallon underground storage tanks are to be removed and replaced with new, state-of-the-art underground storage tanks, equipped with the most modern of monitoring and safety measures. Outmoded dispensing pads and.equipment will be removed and replaced and expanded with more modem and efficient equipment that will facilitate the public convenience and safety. A surface water retention plan designed to retain all surface waters on-site is to be implemented. The new traffic circulation scheme is intended to minimize any adverse impacts and to improve traffic circulation and safety both within and adjacent to the Premises. 20. The plan has been approved by the Site Plan Review Team (most recently in SPR69-01). 21. Parcel 83 affords a unique shape that deprives the ability to construct improvements within applicable front yard setback that creates substantial hardship in trying to renovate and improve this Gateway location with a view to the public safety and convenience of the community. 22. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial and otherwise, to the Applicant. 23. The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance and will actually enhance the public safety and public good,and promote the purposes of the Zoning Ordinance. 24. The grant of relief from the landscape requirements of Section 4-2.6(2)(B) and interior landscape requirements of Section 4-2.6(3) will enable the implementation of the extensive landscape scheme as shown on plans presented. The result of which will be a`Gateway'landscaped area including part of the Premises and within the state highway layout(pursuant to a Massachusetts Highway Department authorization). Adhering to the requirements of Section 4-2.6 as noted would impose substantial hardship in trying to deal with this uniquely shaped parcel with its varying setbacks from the paved layout of the highway,its unique configuration and the limited area to work with,particularly along Bearse's Way. All of which would be more than adequately compensated by landscaping the portion of the state highway layout and Premises. 25. A literal enforcement of the landscape provisions of the Ordinance would involve substantial hardship, financial and otherwise,with regard to this uniquely shaped and located parcel. Relief may be granted without substantial detriment to the public good and,indeed,while enhancing the public good. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Appeal 2001-86 for variances from a Section 3-3.6(5) -Bulk Regulations of the Highway Business District and Section 4-2.6 Landscape Requirements for Parking Lots. 1. With respect to Section 3-3.6(5) -Bulk Regulations of the Highway Business District a variance is granted for;a gas pump canopy not to exceed 92 feet b 38 feet to infringe into the required front and Y g q Y setbacks for the district and a reduction of the required 45-foot Front Yard Landscaped Setback to 5 feet along Bearse's Way, and its reduction to 10 feet along Route 132. This relief is granted provided the proposed structures shall be built and located as shown on 12 sheets of plans entitled"Cumberland Farms"presented to the Board and initialed by the board.. 5 i 2. With respect to Section 4-2.6 Landscape Requirements for Parking Lots a variance is granted to the required 10-foot landscaped perimeter buffer around the building(Section 4-2.6(2)(B)) and the 10% interior landscape requirement(Section 4-2.6(3)).This relief is granted provided the development of Parcels 82 and 83 shall be as shown on plans entitled"Cumberland Farms",presented to the Board and " with the condition that the applicant shall install,nurture and maintain the landscaped areas shown on the Landscape Plan drawn by Richard Lakutis,ASLA,last revision date of 8-30-01. 3. The motel use is to be discontinued 4. Both parcels of land are to be combined into one ownership 5. .The applicant shall comply with all conditions imposed in Appeal 2001-85 The vote was as follows: AYE: Daniel M. Creedon,Richard L. Boy,Ralph Copeland,Jeremy Gilmore and Ron S.Jansson NAY: None Ordered: Variance 2001-86 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. Jansson, Chairman Date Signed I,Linda I Iutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 6 f6 -rABLE Tfl Domenic W. DeAngelo P.E. 5 Michael Road '. 01 MAR 26 AM 8. 31 East Bridgewater, MA 02333 (508)378-9602(P) (508) 378-2922 (F) IVISIO 0� Inspection Report �C. Date: 0'V Present: EOM PAI 16 6Du Su ) �L„o''cation: GSM( iP-�.t D S C'04C (Lm Ww 4tJ t. P�-- WUV iWH A�1�lI� -Remarks: 10.0 0 -A-IA 'SV f4W1( )(OMIAVA MiV6 0 ._ _a 1.1'DrD:_..��J_._�f��t^v:[�f�.._Pf�►'1N...P�.... :(i.C9VlOu�....6 ��Q:i7G�hi�.�r..__._�.._ , ��._,.-m ......,,. �...,..,._w,�. li 5 ray, M 0 s L>. 5 �� l�r,� �-r �F`1 - Cf r,-Fonk Pit-odd 6Wks of- T" W/ fe-op6p-a ML-AT V 'i of-.-- ctmi tW o No.3506 13voc t 4 tee® tNE A� Town of Barnstable Regulatory Services r r mass. Thomas F.Geiler,Director 9 En 311119. Building Division Peter F.DiMatteo. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 7, 2001 Attorney Douglas Murphy 243 South Street Hyannis, Ma 02601 Re: SPR 068-2001, Cumberland Farms, 1157 & 1171 Iyannough Rd,Hy Proposal: Revisions of previously approved plan(SPR28-01) Dear Attorney Murphy; Please be advised that this application was approved at the Site Plan Review hearing on September 6, 2001 as presented. This plan has been remanded to the ZBA for final consideration and approval. incerely; n Robin C. Giangregorio . SPR Coordinator c Y NEW ADDRESS: 1165 IYANNO UGH RD. i MAP AND PARCEL ' �� 000-000.244 'SHEATHING S/A0-ose. 2'.6'RAFTERS O 16 O.C.AR .. . - WITH C . PAPS A S - ._ 3.5'XRAFT FACED(R-11) - � CARBON20.YEAR WARRANTY - INS _ .. . 2.6 RAFTERS O 16 O.C.WIT" UtAT1pN . . (vMOR) FACED(R-It). INSULATION .,e• . n a 2.1::.STUDS 16'D.C. J(R (.5'I) AFT F TIONVE HoW 10--0' K"EIGHT 10'-0' EA BLOWER t pACKAGE INTERIOR SHEATHING1/2 OSeEXTERIOR SNEA7MN('S/B'T-1-t1 IOR SHEAT LNG1 t O.C.2sA'PRESSURE-TREATED SILL PLATES LAGGED70 CONCRETE FLOOR )57�56 XRAFi FACED I t INSULATION A . . DOUBLE DOORS' -. .6'CONCRETE FLOOR SLAB RATED - . - 3.000 PSI WIT"#4 REBAR O.12'.0. HRN 6'.COLNPACTEO ,10 FLOOR, PLAN .. SUBGRAUE -; `.r ' OUTSIOE fRALRNG , WALL SECTION o WALL SECTION i Curnberfond Forrns '[LEcrIIlrill 777 Dedhom Street. ue.IET Canton..Mossochusetts. - woo CFI # .2187 1171 lyonough Rood. is, Massachusetts D_D em R SOUTH ELEVATION . EAST .E.L VATION. . �gn Shed e lot ed. .Des E WEST EL VATION Dts9r oArAciran I AUKS X" . RyOMLf1CN 1'.2'6' .. pp Y tENSR ~ ' �IEiC110ifi TFE gNCIGND00RT5 uriFLBESNNEA HREE.FEET Mp Sogomo�908)o 888 M3900 nuaetls - WITH S/B-WCH TEXTURE T-1-11 PLYWOOD. . DOORS SMALL SE INSULATED WITH.3-1 2-iNCM'XRAFT JIM . . FACED INSULATION.AND THE INTERIOR ACE OF SMEE70 R C SHAH BE.COVERED wITM 172-R+CM 7 ' nCl ✓✓ f; " r 1 A. $. 3.816 SOUARE FEET' .. - -S mz . c1 1 Al s Ai C f a a f 1 En. I } 6-1 lb.�. N. . . N J .?: Lcl N r jjfj a a; _ 1 O O O R to s •$ A r x A < r 4Al F ocsocD er Rcuso n F7771 r ra�"'C' 'Li.ty �a7n'} 1LtiR3�' M:B. NO.: DESCRPTOk - DATE: Br. INTERNATIONAL K.P.B. 2 TECNNOLOGY PARR DRIVE CHICKM or. s a - PHONE: (978)589_3000 MASSACHUSETTS 01886 D.E. SCAU: OAR: PRQCCT WAMEIL TAR: (978)589-3100 APPOM Br, . i-.40 2/02 02140-252 WEB: NTTP://WWW.ENSR.COM D.E.