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Home My WebLink AboutBLD-19-377 of 14 . TOWN OF YARMOUTH Building Department CERTIFICATE OF �0 (508) 398-2231 ext.1261 OCCUPANCY 0 ' ; �� PERMIT NO BLD-19-000377 MaT TPC NL LS � Darren Lecrenski ADDRESS: 9 COMMONWEALTH AVE, SOUTH YARMOUTH, MA ZONING DISTRICT Bldg. Type: Commercial SUBDIVISION MAP BLOCK LOT 098.91.1 REMARKS Use & Occupancy—school bus transportation—occupancy subject to all ft inspections & per BOA petition#4805. 7" ERTIFICATE OF OCCUPAN Y DATE: BUILDING OFFICIAL: NUNHEIMER WARREN C TRS BUILDING DEPT BY 9 DARBY POINT MASHPEE, MA 02649 PHONE iIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR ERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE APPROVED BY THE JRISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF JBLIC WORKS. CERTIFICATE OF OCCUPANCY BUILDING INSPECTIONS APPROVALS FIRE: OTHER: DATE: /5- Z/ DATE: <<%C- e( 1491 I I /l o/ INSPECTOR: 5L '-44j INSPECTOR: IK, ELECTRICAL BOARD OF HEALTH �I DATE: �f !_-L DATE: / O- /- / 9 INSPECTOR: INSPECTOR: C . wSon PLUMBING/GAS FINAL BUILDING t DATE: _-- �� ( I / t, 11 �/ DATE: 5/Vol y INSPECTOR: ' INSPECTOR: COMMUNITY DEVELOPMENT: DATE NAME Doc:1.380.31E 10-03-2019 12:02 BARNSTABLE LAND COURT REGISTRY RECEIVED Jt�Yflk TOWN OF YARMOUTH uUN 'L 5 2019 7:r•k ^•__G BOARD OF APPEALS � DECISION TO'1�"1CLERK \< SOUTH YARMOUTH,MA RE `EVE FILED WITH TOWN CLERK: June 25,2019 LOCI 03 2019 PETITION NO: #4805 a,utro1NG,, cpgRTM�NT HEARING DATE: May 23,2019 • j' -�.. . PETITIONER: 809 College Highway,LLC(d/b/a Five Star Transportation) PROPERTY: 9 Commonwealth Avenue,and 0 white's Path South Yarmouth,MA Map&lot#:0098.91.1;&92.2;Zoning District:B3&APD Book/Page:31908/218 MEMBERS PRESENT AND VOTING: Steven S.DeYoung,Chairman,Dick Martin,Thomas Nickinello,Doug Campbell and Tom Baron. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law,and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petition was well presented by the Petitioner's Representative.The Petitioner is 809 College • Highway,LLC,d/b/a 5 Star Transportation which seeks relief in connection with property located at 9 Commonwealth Avenue, South Yarmouth, MA, property located in a B3&APD Zoning District.The purpose of the Petition is to obtain a Special Permit under Zoning By-Law§406.5& §202.5(F3)so as to increase the quantity of toxic&hazardous materials in the Aquifer Protection District(APD).This property is the location of the Petitioner's parking and servicing of buses in various school districts.The Board relied upon the Board of Health and, specifically, Carl E. Larson,Jr.'s Memorandum dated May 13,2019 as provided in his capacity as Hazardous Waste Inspector. Specifically, as contained within such Memorandum under the heading Health Department Requirements Nos. 1-9, and under the heading Board of Health Hearing and Recommendations, the Board felt that these Requirements and Recommendations were appropriate and necessary to protect the Aquifer Protection District. A Motion was made by Mr.Nickinello,seconded by Mr.Martin and voted on unanimously by the Board to grant the Special Permit on the conditions that 1.)The maximum on-site storage of toxic or hazardous materials be limited to 1200 gallons all within proper secondary containment 1 ate . COMMONWEALTH OF MASSACHUSETTS o TOWN OF YARMOUTH 2 C BOARD OF APPEALS • Appeal#4805 Date: July 16,2019 Certificate of Granting of a Special Permit (General Laws Chapter 40A,section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: OWNER: 809 College Highway, LLC d/b/a Five Star Transportation 809 College Highway, Southwick, MA 01077 PETITIONER: Five Star Transportation, Inc. 9 Commonwealth Avenue, South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 9 Commonwealth Avenue, South Yarmouth, MA Zoning District: B3 & APD; Map & Lot#: 0098.91.1; Doc#: 1,349,566; Ctf#:216618 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision,have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph)and Section 13,provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty(20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed,that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Steven S. DeYoun , hairman RECEIVED VIA E-MAIL Y• TOWN OF YARMOUTH 0 C• •' It ~ 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 y k.*P - Telephone(508)398-2231 ext.1240, Fax(50S)760-3472 : • BOARD OF HEALTH MEMORANDUM TO: Zoning Board of Appeals FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector SUBJECT: Zoning Board of Appeals Petition Number 4805 Five Star Bus 9 Commonwealth Ave., South Yarmouth DATE: May 13, 2019 Background Five Star Bus, headquartered in Southwick, MA is a transportation company offering both general passenger and student transportation. Servicing numerous school districts in western Massachusetts and Cape Cod, Five Star Bus is the present transportation provider for the Dennis-Yarmouth Regional School District(D-Y). Present Operation Presently Five Star Bus occupies the commercial building located at 9 Commonwealth Ave. This location is within the Town's Aquifer Protection District (APD) for the public drinking water supply and is the former location of Dr. Wheels, a local automotive repair shop that occupied the site since at least the 1980s, closing in 2017. Dr. Wheels was continuously licensed with the Health Dept. since the inception of the Toxic and Hazardous Materials Licensing Program in 1990. Five Star Bus presently utilizes the site for school bus parking and administrative work. Proposal Five Star Bus proposes to add the operation of school bus repair and maintenance to this location. Presently school bus repair and maintenance for the bus fleet assigned to D-Y is handled at the Hyannis location of Five-Star Bus. This arrangement is, however, time-consuming and logistically difficult to sustain. Therefore, Five Star Bus proposes to 1 conduct maintenance of the vehicle fleet assigned to D-Y at their 9 Commonwealth Ave. location with 1200 gallons of toxic or hazardous materials storage. Past Hazardous Materials Storage Based on a review of Health Dept.records Dr.Wheels customarily stored the following in terms of toxic or hazardous materials: New motor oil 350-gallon double-walled tank Waste motor oil 250-gallon double-walled tank Waste antifreeze 55-gallon drum in over pack drum Parts wash solvent 15 gallons approximately in parts wash unit on a spill control pallet The total of the above is 670 gallons. Dr. Wheels also stored an additional approximately 100 gallons of specialty and misc. fluids such as, but not limited to: specialty oils, antifreeze, brake fluid, power steering fluid,transmission fluid and gear oil.Therefore,the storage of toxic or hazardous materials for Dr.Wheels has been an approximate maximum total of 800 gallons. gmiag It was learned from the Building Commissioner that while the operation of this business is within the Aquifer Protection District(APD)for the public drinking water supply and is a use (vehicle repair) not normally allowed within the APD it can remain as it is a continuation of an existing, nonconforming use with no requirement for zoning relief. Town records show vehicle repair has been conducted on this site since at least the 1980s. The previous onsite business,Dr.Wheels,existed before the APD Bylaw of 1989,and therefore did not have an upper limit of toxic and hazardous materials storage defined by zoning relief. The 1200 gallon total of toxic and hazardous materials storage requested by Five Star Bus is a 400-gallon increase over the approximate 800-gallon storage volume maintained by the previous site occupant,Dr.Wheels. It is understood by the Health Dept.that zoning relief for hazardous materials storage in the amount requested by the applicant is to be decided upon by the ZBA. Regulatory Items 1) It is understood that zoning relief for toxic or hazardous materials storage is required as outlined above. 2) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990, and licensing requirement is applicable to this proposal as the involved quantities of materials are in excess of 2 the licensing threshold of 10 gallons. The regulation includes, but is not limited to, 150%volume secondary containment of toxic or hazardous materials. Toxic or Hazardous Materials Delivery Materials will be delivered to the 9 Commonwealth Ave. location by commercial vendors. Bulk virgin motor oil will be delivered by a commercial vendor and pumped from a truck- mounted tank on a delivery truck to a double-walled tank inside the building. A 330-gallon IBC (Intermediate Bulk Container) of DEF (Diesel Exhaust Fluid) will be refilled in place inside the building on secondary containment by a commercial vendor who will pump new fluid from a delivery truck-mounted tank to the IBC. New engine antifreeze and windshield washer fluid will be delivered to the site in 55- gallon drums and then brought inside the building using either a forklift operated by Five Star Bus personnel or a hand truck by the delivery driver. Five Star Bus personnel may also at times use a drum dolly to place the drums on containment pallets. Other smaller containers such as pails or cases of misc. fluids will be brought inside by hand truck or carried by hand. Toxic or Hazardous Materials Handling and Storage 1) New motor oil will be stored inside a 275-gallon double-walled tank. 2) Waste motor oil will be stored inside another 275-gallon double-walled tank. 3) DEF will be stored in a 330-gallon IBC as outlined above. The container will be on a spill control deck. 4) New antifreeze and windshield wash fluid will be stored in 55-gallon drums on spill control pallets. 5) Gear oil will be stored in a 30-gallon drum placed on a spill control pallet. 6) Transmission fluid and other misc. fluids will be stored in container sizes of 5 gallons or less on spill control pallets. Toxic or Hazardous Materials Use The only use of toxic or hazardous materials will be by Five Star Bus technicians in the maintenance and repair of company busses and by one additional employee who fills the bus DEF reservoirs. 3 A private fuel company, through the use of fuel delivery trucks, fuels company busses parked onsite. There is no fuel storage or fueling operations by Five Star Bus personnel as part of this proposal. Toxic or Hazardous Materials Disposal Waste oil will be pumped from the double-walled waste oil tank and removed by Boston Green, a hazardous waste hauler. Waste antifreeze will also be removed by pumping material from the waste drum or by removal of the waste drum. This removal will also be by Boston Green. Oil filters or cartridges are drained of waste oil into the waste oil tank and then put in a drum for proper disposal by Boston Green. A rag service will remove, clean and return shop rags. Vehicle batteries are removed and replaced with new batteries by the battery supplier. Tires are removed from the site on rims with new or recapped tires returned on rims. The parts wash unit will be serviced (fluid removed) by a hazardous waste hauler to be determined. Additional information Vehicle washing is not part of this proposal, nor is it allowed within the APD. Vehicle fuel storage by Five Star Bus and vehicle fueling by Five Star Bus employees are not part of this proposal nor allowed under APD Zoning. A private vendor does bring fuel delivery trucks to the 9 Commonwealth Ave. location and fuels the busses. Five Star Bus Personnel do not participate in vehicle fueling. A designated Five Star Bus employee will fill the busses with Diesel Exhaust Fluid (DEF). DEF reservoirs are typically 15 — 20 gallons in size, yet only a few gallons are usually added at a time as it is best to keep the reservoirs close to full to avoid crystallization of the fluid which in turn causes engine problems. if a bus requires DEF be added the driver will place a sign in the window indicating such after the bus is parked following a shift. The designated employee will then move the bus near the DEF IBC which is located inside the building. The employee will then dispense DEF from the IBC to the bus reservoir through a hose and nozzle that requires continuous operation by the employee. Only a small amount is dispensed, the employee is continuously present and there is no automatic fill feature. During the DEF reservoir filling the employee will position a large spill pan beneath the DEF reservoir as a precaution in the event it is needed to capture spills or drips. 4 The hours of operation are 5:30 AM to 5:00 PM, Monday through Friday with approximately 35 employees based at this site, most of them bus drivers. Approximately 40 busses are parked onsite. Health Dept. Requirements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage which apply to this proposal by Five Star Bus. 1) The business must register annually for a Yarmouth Board of Health Handling and Storage of Toxic or Hazardous Materials License. 2) No materials may be discharged to the environment. 3) No outdoor storage of materials is allowed. 4) All materials must be protected from vandalism. 5) Materials must be stored in covered product-tight containers. 6) All materials must be stored inside secondary containment of 150% volume of the total amount of materials stored. 7) Any waste material must be properly disposed by a licensed hazardous waste hauler. 8) Safety Data Sheets (SDS) for each toxic or hazardous material must be maintained onsite and be readily available. 9) A sufficient supply of absorbent material must be kept onsite for use in the event of a release or toxic or hazardous materials. BOH Hearing and Recommendations Mr. Darren Lecrenski, Vice President of Five-Star Bus and Mr. Travis Stopa, of Five Star Bus presented their proposal to the BOH at the regular board meeting on April 22, 2019. The BOH approved recommending the proposal of Five Star Bus to the ZBA by a unanimous vote with all five members-present and voting. This recommendation is based on the ability of the business to comply with the Town of Yarmouth Board of Health Regulation: "Handling and Storage of Toxic or Hazardous Materials" and based on the following four conditions listed below. These conditions are above and beyond the strict scope of the aforementioned regulation and are intended to provide additional protection of the APD. 5 • 1) The maximum onsite storage of toxic or hazardous materials is limited to 1200 gallons all within proper secondary containment according to Health Regulation. 2) A detailed material spill containment plan must be conspicuously posted at all times and all employees must be familiar with the plan. 3) All vehicle repair is to be conducted inside the building. 4) No vehicle washing is allowed. The Board of Health and Health Department respectfully request that if this proposal is approved by the ZBA the preceding four (4) conditions be included In any ZBA Decision. Furthermore, if the proposal of Five Star Bus is allowed by the ZBA these items will be included as conditions of the annual Board of Health license for the business. 6 ri -----c----__ : 4, rN---- TOWN OF YARMOUTH ' g Town lilm —' �'�' _ Clerk 1.1 -=,14 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 \\...........Y/►7'Ti1CNEESE �' �►• Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4805 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. _r - . . ) . 1 / Til 9 / Phi l ip B ;Gaudet, lI ;: 'own Clerk ,1 . • BARNBTP•r.L; l'i T f F,=••i• T•` 1O.F CEErS A Tr VE COPY, ATTEST 1 JGHN F. MEADE, REGISTER BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register al Outlook 9 Commonwealth Ave. From Bearse, Matt <MBearse@yarmouth.ma.us> Date Thu 9/5/2024 3:29 PM To Sears, Tim <tsears@yarmouth.ma.us> I performed an inspection at the above property, and they are all set with the Fire Dept. for a Use and Occupancy permit. 0 RE c e._ _‘_\1_ .e.,._-\ 0, 0&laik \ gy.i