WESTBOROUGH, Mass., Feb. 16, 2017 /PRNewswire/ -- On February 8, 2017, Cumberland Farms, Inc., leading convenience, gasoline, and coffee retailer, appealed a decision of the Town of Bourne Planning Board that granted Cumberland Farms' application for Site Plan Review/Special Permit to develop a convenience store with gasoline sales on property located at 4 & 6 MacArthur Boulevard subject to the condition that Cumberland Farms eliminate the ability of its customers to exit onto the Bourne Rotary. Cumberland Farms filed its appeal with the Land Court and seeks modification of the Planning Board's decision to maintain its access for customers to and from the Bourne Rotary.
It is Cumberland Farms' position that the condition in the Planning Board's decision, which requires that all vehicles exiting the property must do so via MacArthur Boulevard, is unsupported by its factual findings and treats Cumberland Farms differently from other property owners, which have never been deprived of the ability to exit onto any of the rotaries within the Town of Bourne. Additionally, the condition eliminating access back to the Bourne Rotary came as a surprise to Cumberland Farms due to the fact that access to and from the Bourne Rotary was known by town officials as an essential element of Cumberland Farms' project and a condition of Cumberland Farms interest in pursuing the costly process of obtaining the necessary permits from the town. Cumberland Farms' filing states that "CFI indicated during the public hearing that it viewed the ability of its customers to enter from, and exit onto, the Bourne Rotary as a key component of its Project" and that the proposed project will improve the rotary driveway design and the overall access and operations on the project site and will not have any noticeable impact on the Bourne Rotary operations overall. The Planning Board's own traffic engineer called Cumberland Farms' proposed changes to the driveway configuration at the Bourne Rotary much safer than existing conditions. The Condition that eliminates the option for customers to exit the site back onto the Bourne Rotary, will force customers to travel approximately a quarter mile south on MacArthur Boulevard to the u-turn location just before the Community Health Center causing unwanted conflicts with high speed north bound traffic.