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HomeMy WebLinkAboutDecision 4759 Bk 31488 Pa206 Y41778 08-24-2018 a 02 : 57n TOWN OF YARMOUTH C BOARD OF APPEALS "". = "1 DECISION • '?ACtlt' • FILED WITH TOWN CLERK: July 30,2018 PETITION NO: 4759 HEARING DATE: July 26,2018 PETITIONER: No. 1 Foundations, LLC (Tenant of Shelby Holdings,LLC) PROPERTY: 17 Corporation Road,Yarmouth Port,MA Map & lot#:0093.28.6.1 Zoning District: 113 and APD Book&Page 31208/249 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin, Thomas Nickinello 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 Petitioner seeks a Special Permit pursuant to Zoning Bylaw §406 and 202.5 to allow a D3 use within the Aquifer Protection District (APD). The Property is currently owned by Shelby Holdings, LLC. The lot contains approximately 51,400 square feet of area, and although current unimproved, will be developed to include a one story metal building, with a concrete slab, containing a floor drain to a tight tank. The building will have 5 bays, all to be utilized by the Petitioner. The Petitioner operates a business which provides concrete form services to builders and homeowners who need concrete poured foundations for new construction, additions and commercial buildings. Forms are set up on site,with the appropriate re-bar, and prepared for a concrete pour. A release agent is applied to the forms at the construction site before the pour to make sure that the forms do not become attached to the dried concrete. Once the forms are removed, the petitioner provides waterproofing to the side of the new concrete wall to be backfilled so that water cannot penetrate the new structure. Forms are stored inside and outside of the building on racks. The business currently consists of 5 vehicles, all of which will be stored in the new structure. Petitioner plans to house commercial vehicles inside the building so it will have floor drains per State Plumbing Code that will be connected to an underground holding tank per State Environmental Code. Although 5 vehicles are shown on the floor plan,there are plans for additional vehicles, with 2 additional bays to house them. The proposal also includes plans to It store all toxic and hazardous materials inside the building and within a concrete secondary containment area of sufficient volume of waterproofing material and double walled tank for the release agent, store the aforementioned industry hard goods both inside and outside the building, • perform wood cutting, steel cutting,welding and hardware assembly,perform minor vehicle maintenance such as oil changes to company vehicles inside the building, including filter changes,tire rotation,and brake repair, and perform washing of company vehicles inside the • building. • In addition,the Petitioner intends to store up to 1,500 gallons of hazardous materials on the location, with various forms of secondary containment. This use requires a Special Permit in the APD. The project has been well vetted by the Yarmouth Board of Health, which issued a Memorandum (the "Memorandum") dated June 19, 2018 regarding the operation of the Petitioner's business at this location. On May 7, 2018 and June 18, 2018, the Petitioner appeared before the Board of Health, which found that the proposal will adequately control all hazardous materials and protect the intent of the APD bylaw. The Board of Health issued its unanimous recommendation to proceed to this Board for relief. No one spoke in opposition to the proposal. This Board was impressed with the thoughtful Memorandum drafted by Carl E. Lawson, Jr., the Hazardous Waste Inspector from the Board of Health, and was satisfied that with the imposition of the conditions and regulations recited in the Memorandum, that the proposal would meet the requirements under the Bylaw for the issuance of a Special Permit. As such,the Board of Health Memorandum is hereby incorporated in its entirety by reference. The Board also found that all of the requirements for relief under Section 406 of the Bylaw had been demonstrated. Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin,to grant the Special Permit, as requested, incorporating all of the 7 conditions in the Memorandum, specifically recited on Page 6 and 7 thereof. The relief is also conditioned on the Petitioner securing an Occupancy Permit from the Building Department, and a Board of Health Handling and Storage of Toxic or Hazardous Materials License. The members voted unanimously in favor of the Motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw§103.2.5, MGL c40A §9) Steen DeYoung, airman of k COMMONWEALTH OF MASSACHUSETTS . ' 'r„ TOWN OF YARMOUTH 7 BOARD OF APPEALS O _ .2. Appeal#4759 Date: August 20,2018 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: No. 1 Foundations,LLC 559 Old Stage Road Centerville,MA 02632 Affecting the rights of the owner with respect to land or buildings at: 17 Corporation Road, YarmouthPort, MA. Zoning District: 133 & APD; Map & Lot#: 0093.28.6.1;BooWPage: 31208/249 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. Stve6 n DeYoun hairman of ` __ TOWN OF YARMOUTH • . c. � `: Town 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk 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#4759 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. ' I ' / ' V I Philip B. Gaudet, II , 7 Town Clerk •ort TOWN OF YARMOUTH A 0ei,_ U; - 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS ift424e Ell/ ED Telephone(508)398-2231 ext.1240, Fax(508)760-3 2 =='' " BOARD OF HEALTH JUL 24 2018 MEMORANDUM " YARMOUTH BOARD OF APPEALS TO: Zoning Board of Appeals FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector C, SUBJECT: Proposed new location for No. 1 Foundations 17 Corporation Rd., Yarmouth Port Zoning Board of Appeals (ZBA) Petition Number 4759 DATE: June 19, 2018 Background No. 1 Foundations of Yarmouth Port and Centerville is a company offering concrete form construction and foundation waterproofing services. Mr. Steve Belanger is the present owner and has been involved with the business since it was founded by his father In 1978. Present Operation Presently No. 1 Foundations occupies a commercial building at 6 Corporation Rd. in Yarmouth Port. The building is owned by the Belanger family. Operations for the site include: parking of commercial vehicles (one concrete form truck and several pickup trucks); storage of tools, concrete forms and related hardware such as fasteners and steel reinforcement bar(rebar). Minor vehicle maintenance such as oil changes are performed on company fleet vehicles. Wood cutting, steel cutting, welding and hardware assembly are performed onsite. Storage of hazardous materials includes vehicle fluids and liquid concrete waterproofing material in container sizes of up to 55 gallons. Concrete form release agent is presently stored at the Centerville location. The business does not have Town permitting for its present location. The Belanger family purchased the property and Mr. Belanger stated they did not know that Town licenses and permits were required In addition to zoning relief. Concrete forms were noticed on the property during inspections of other area businesses by the Health Dept. The building had no staff present and no sign with the business name. Research of 1 Town Health and Building Dept. records found no information regarding the business. A letter regarding occupancy was sent to the building owner in Centerville which was later learned to also be the business owner. No response was received. Mr. Belanger recently explained he never received the letter and this was during a transition time in the business when his father was spending more time away. As a result mail inquiries became backlogged. Since learning of the Town licensing requirements No. 1 Foundation has applied for a Handling & Storage of Toxic or Hazardous Materials License. Inspection of Present Operation • An inspection of toxic and hazardous materials of the present location was completed on March 22. All toxic and hazardous materials were stored inside the building and while some secondary containment was in place additional containment is required. Only hard goods were stored properly outside with no items collecting water. Proposal for New Operation at 17 Corporation Rd. Due to increased business volume requiring more space Mr. Belanger informed the Health Dept. he purchased the property at 17 Corporation Rd. The site is presently vacant land. Mr. Belanger proposes to: 1) Construct a new purpose-built commercial structure on the site. 2) House commercial vehicles inside the building so it will have floor drains per State Plumbing Code that will be connected to an underground holding tank per State Environmental Code. 3) Store all toxic and hazardous materials inside the building and within a waterproofed concrete secondary containment area of sufficient volume. 4) Store the aforementioned industry hard goods both inside and outside the building. 5) Perform wood cutting, steel cutting,welding and hardware assembly. 6) Perform minor vehicle maintenance such as oil changes, filter changes, brake work and tire rotations on company vehicles inside the building. • 7) Perform washing of company vehicles inside the building. This location is within the Town's Aquifer Protection District (APD) for the public drinking water supply. 2 Regulatory Items 1) It is understood No. 1 Foundations will need zoning relief from the Zoning Board of Appeals (ZBA) in order for the business to store toxic or hazardous materials in excess of normal household quantities within the APD. 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 the licensing threshold of 10 gallons. The regulation Includes, but is not limited to, 150%volume secondary containment of toxic or hazardous materials. Procedural Track This project was presented at a Town Site Plan Review meeting on March 27 where the applicant received input from Town depts. The project was then reviewed at Board of Health Hearings on May 7 with a follow-up hearing on June 18. Toxic or Hazardous Materials Delivery Most materials will be delivered to the 17 Corporation Rd. site by commercial vendors. Concrete form release agent will be delivered by a vendor who will fill an onsite 330- gallon double-walled tank that will be inside the building. 55-gallon drums of motor oil will be delivered by commercial vendors and then brought inside by company employees using a propane-powered forklift. A forklift will also be used to bring pallets of 55-gallon drums of concrete waterproofing inside the building. Smaller containers of materials may be delivered or brought onsite by company employees. Toxic or Hazardous Materials Handling and Storage 1) A 330-gallon double-walled tank will hold concrete form release agent. 2) Motor oil, diesel exhaust fluid (DEF), and concrete waterproofing material will be stored in 55-gallon drums placed Inside a dedicated, waterproofed, concrete containment area that will serve as secondary containment. 3) Other vehicle fluids such as differential oil, hydraulic fluid, transmission fluid, antifreeze, car wash soap and windshield wash and will be stored In containers sizes of one to 5 gallons. These materials will also be stored inside the concrete containment area. 4) One 5-gallon gasoline container and one 5-gallon diesel container will be stored within the concrete containment area. 3 5) The concrete form release agent will be pumped from the 330-gallon double- walled tank inside the building to integral tanks on company trucks for eventual use at job sites. Toxic or Hazardous Materials Use 1) The concrete form release agent and concrete waterproofing material will only be • used at job sites. 2) The stored gasoline is used at job sites for running generators. 3) The motor vehicle fluids will be used by company employees working inside the building performing minor maintenance work on company vehicles. 4) Motor vehicle fluids other than oil will be used only for adding to vehicles and not for complete changes of fluids. For example, no antifreeze changes will be done. 5) A small amount of diesel fuel is needed for priming new fuel filters. 6) Soap will be used for vehicle washing inside the building. Toxic or Hazardous Materials Disposal 1) Waste oil from oil changes will be taken to MJ Quality Tire & Auto on nearby Enterprise Rd. The oil will be stored in a waste oil tank and burned in an onsite waste oil burner. 2) Waste water from the vehicle washing operation will be stored in the underground holding tank until removal by a septic waste hauler. 3) Fuel filters and oil filters will be punctured, drained for 24 hours and disposed in the trash. 4) All other toxic and hazardous materials will be used completely. Environmental Safeguards 1) The concrete form release agent will be stored inside a double-walled tank. 2) All other toxic and hazardous materials will be stored inside a waterproofed concrete containment area inside the building. The waterproofing material used will be a concrete foundation barrier formulated to span cracks and carrying a 30- year warranty. The bermed area will be protected from vehicles by either bollards or a concrete curb. 3) Absorbent material will be maintained onsite. 4 4) A spill response plan will be conspicuously posted and all employees will be familiarized with the plan. The finalized plan has been reviewed and approved by the Health Dept. and BOH. 5) Vehicle washing will be conducted inside the building with wash water captured by floor drains connected to a holding tank designed in accordance with State regulation. 6) The holding tank will have secondary containment with both high-level and leak- detection monitors in accordance with State regulation. The monitors will be connected to both audio (horn) and visual (light) alarms. 7) The vehicle wash system from the bay floors to the holding tank including all piping and monitoring devices will be tested for proper operation annually by a Massachusetts-registered Professional Engineer (P.E.) trained in civil, mechanical or sanitary engineering. This is the same procedure applied to other vehicle wash systems in use at several businesses located within the APD. Additional Information 1) The business has 6-8 employees most of whom spend the majority of their work time at job sites. One employee will work at the business location performing the aforementioned shop duties of wood cutting, steel cuffing, welding and hardware assembly in addition to inventory management. 2) The proposed hours of operation are approximately 7:00 AM to 5:00 PM, Monday through Friday. Health Dept. Requirements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage which apply to the proposal by No. 1 Foundations 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. 5 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 Hearings Attorney Paul Tardif and Steve Belanger, owner of No. 1 Foundations presented their proposal to the BOH at their meeting on May 7. The BOH requested additional information which was presented by Mr. Tardif and Mr. Belanger at the BOH meeting on June 18. BOH and Health Department Recommendations The Health Department recommended conditions are listed below. The BOH added the additional condition of the new building at 6 Corporation Rd. to be completed and occupied by June 1, 2019 with the 6 Corporation Rd. property vacated by the same date otherwise a follow-up review and meeting will be required. These conditions are above and beyond the strict scope of the aforementioned regulation and are intended to provide additional protection of the APD. At the June 18 BOH meeting with 4 members present and voting the Board voted to recommend the proposal to the ZBA given the following seven (7) conditions. 1) The new building at 6 Corporation Rd. must be completed and occupied by June 1, 2019 with the 6 Corporation Rd. property vacated by the same date otherwise a follow-up board of Health review and meeting will be required. 2) The maximum onsite storage of toxic or hazardous materials is limited to 1500 gallons total. 3) A detailed material spill containment plan must be conspicuously posted at all times and all.employees must be familiar with the plan. 4) The concrete containment area must be waterproofed and protected from vehicles by bollards or a concrete curb. 5) All vehicle washing is to be performed inside the building and within the vehicle wash bay. 6 • 6) All vehicle repair is to be conducted inside the building. 7) An annual report must be submitted to the Health Dept along with the annual Toxic and Hazardous Materials License application package and include the following: a. A narrative of leaks, spills, and other events. b. A summary of water usage, pumping frequency and amount of water removed from the system. c. Monthly verification of all circuits, monitors, probes, alarms and systems for proper operation with the results noted by employees on a log. The log is to be submitted with the annual report. d. All circuits, monitors, probes, alarms, truck wash system double wall tanks and piping shall be tested annually for proper operation by a Massachusetts-registered Professional Engineer trained in civil, mechanical or sanitary engineering. The test results are to be submitted with the annual report. e. Letter to Board of Health from Professional Engineer certifying all items listed in (d) above and stating that the wash area floor is free of any cracks, gaps and imperfections and that the system is not discharging to the environment. The Board of Health and Health Department respectfully request that if this proposal is approved by the ZBA the preceding seven (7) conditions please be included in any Board of Appeals Decision. Furthermore, if allowed by the ZBA these items will be included as conditions of the annual Board of Health license for the business. 7 TOWN OF YARMOUTH BOARD OF APPEALS 1 HEARING NOTES Petition# /731/iJg Petitioned 1, / I A4 1,) Hearing Date: 7 ksp REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B.I. Members of the Board present and voting. r rQ\>.� tfo & N1uO� ., At It appearing that notide of i hearin6 has been given Q�y�er1ding notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby anted at public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. QN OR tF, -17 t ^ 1 OPPOSED C %Q.9- - (\kAu-a Reason for the Decision: Motion by: Seconded by:jl`">ct6/3 Vote: U.ea to\ ku Members voting in favor. Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: 1 CONDITIONS: 60-t-ren �"r--) 17- (511-V 0 1 d e4. EXHIBITS RECEIVED AT HEARING: CLERK: Date: CLERK-CHAIRMAN HEARING NOTES YARD`;UTH.1 4P4 CL,_R{ ''r4R;t` TOWN OF YARMOUTH 4;"• � BOARD OF APPEALS '113.111_271•3:4 S?.EC O HI Atm cs, �• a E�;• APPLICATION FOR HEARING •S:�iii Appeal#: —97537 Hearing Date: 7e -/39-/39 Fee$ave.) Owner-Applicant: NO. 1 FOUNDATIONS,LLC (Full Names-Including d/b/a) 559 Old Stage Road, Centerville, 02632 attorney(508) 362-7799 (Address) (zip) (Telephone Number) and is the (check one) 0 Owner XX Tenant OProspective Buyer 0 Other Interested Party Property: This application relates to the property located at: 17 Corporation Road, Yarmouth Port,MA and shown on the Assessor's Map #: 93 as Parcel#: 28.6.1 Zoning District: B3/APD Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10'by 15' deck to the front of our house" or "change the use of the existing building on the property"): Use of property for Special Trade Contractors Yard in the APD Zoning District. RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2)XX SPECIAL PERMIT under a202.5,203.5 and 406 of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" 4202.5 D3.(use space below if needed) 3)VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to pi•oYide any additional 'r. information which you feel should be included in your application:. '.' ; ,,. FACT SHEET Current Owner of Property (if other than applicant): SHELBY HOLDINGS LLC (Full Name) 559 Old Stage Road, Centerville, MA 02632 (Address) (Telephone Number) Registry of Deeds title deed reference: Book: 31208 Page: 249 (copy of deed attached) Use Classification: Existing: Bare Land §202.5 # Proposed: Special Trad Contractor Yard §202.5 #D3 Is the property vacant: Yes If so, how long?: Lot Information Size/Area: 1.18 acres Plan Book and Page 629/39—Lot 6A Is this property within the Aquifer Protection Overlay District? Yes XX No Have you completed a formal commercial site plan review(if needed)? Yes XX No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project, and indicate the status of their review process: Health, Building Repetitive Petition: Is this a re-application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s)with this application: Unknown : .• e'ng Commissioner Comments: TA/A' .f Applicant's Attorn.1 /Agent Signature e er's Sler e by Attorney Address: Phone %Of Law Offices of Paul R. Tardif, Esq., P.C. � �F 490 Main Street Buildi- u rssioner Signature Date Yarmouth Port, MA 02675 Bic 31208 Ps 249 -.÷.-1.7718 04-18-2018 A 12 a 09n QUITCLAIM DEED We,Meera Siddharth, a/k/a Meer Siddharth and Siddharth Siddharth,Trustees of the Cloud Fifteen Trust dated Arti )�I 1.0191 and See Abstract of Trust recorded herewith of 1 Siddharth Lane, Holbrook,Norfolk County,MA 02343 for consideration paid in the amount of Four Hundred Twenty Thousand and 00/100($420,000.00)Dollars,do hereby grant to SHELBY HOLDINGS,LLC,A Massachusetts Limited Liability Company with its usual place of business located at 59 Old Stage Road, Centerville,MA 02632, with QUITCLAIM COVENANTS The vacant land located in Yarmouth (Port), Barnstable County, Massachusetts, known as 17 Corporation Road,described as follows: Lot 6A area 51, 488 Square Feet as shown on a Plan of Land in Yarmouthport, MA prepared for Siddharth Siddharth dated 1-15-2009 Scale 1" = 40' prepared by Down Cape Engineering, Inc. Civil Engineers, Land Surveyors,939 Main Street(Route 6A)Yarmouthport,MA 02675. Subject to and together with all rights, easements, reservations, restrictions, appurtenances of record. For title, see Deed recorded with the Barnstable County Registry of Deeds in Book 30690, Page 253. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Dote: 04-18-2018 0 12:09nm Ct1S: 636 Doct: 17718 Fee: $1/436.40 Cons: $420/000.00 BARNSTABLE COUNTY EXCISE TAX BARNS1ABLE COUNTY REGISTRY OF DEEDS Date: 04-18-2018 3 12:09nm Ctl;:: 636 Dore: 17718 Fee: $1,285.20 Con,: $420/000.00 Bk 31208 Pg250 #17718 l Witness my hand and seal this I 1 day of CI rke ,2018. / • / / I ' , / I // /ii / Mara Siddharth,Tru) ee at C Siddhi...s.C.dharth,Trustee COMMONWEALTH OF MASSACIIUSETTS eldLoSiOti. ,ss On this )Y day of A Pat ,2018,before me,the undersigned notary public, personally appeared Siddharth Siddharth and Meera Siddharth, Trustee who proved to me through satisfactory evidence of identification,which was a lilA S4 V M✓44S IJ QM;to be the person whose name is signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose as their free act and deed, . • �Q,I ,i fri-\ 1�\�u�a J�1 BERNARD rt Notary Public: VY "y Canna.rar N .. / tz. 2ozz My commission expires: (Seal) BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Property Location:17 CORPORATION RD MAP ID:93/28.6.1/// Bldg Name: State Use:3900 Vision ID:104291 Account#104291 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:07/06/201816:00 CURRENT OWNER TOPO. UTILITIES TRT./ROAD LOCATION f_ CI RRENT SSESSMENT SIDDIIARTH 11MEER TRS Description I Code Appraised Value Assessed Value CO SIIELBY HOLDINGS LLC — COM LAND 3900 227,000 227,000 815 59 OLD STAGE RD YARMOUTH,MA CENTERVILLE,MA 02632 - . SUPPLEMENTAL DATA _ Additional Owners: Other ID: 093.28.6.1 VOTE N MISC 320 VOTE DATE05/17/2013 CHANGES PRIVATE R(CORPORATION RD-YP VISION BETTERMENT PLAN NU111BEI589,893F&C;BK 629 ZIP CODE 2675 GIS ID: M_303884_827361 ASSOCPID# Total 227,000 227,000 RECORD OF OWNERSHIP - - BK-VOL/PAGE- SALE DATE q/u v/i SALE PRICE IKC - PREVIOUS ASSESSMENTS(HISTOR - SHELBY HOLDINGS LLC 31208/249 04/18/2018 Q V 420,000 Yr. _Code Assessed Value Yr. Code_ Assessed Value Yr. Code Assessed Value SIDDIIARTH 111EERTRS 30690/253 08/10/2017 U V 100 IF 2018 3900 227,0002017 3900 227,0002016 3900 227,000 SIDDHARTH RAHUL 23558/256 03/26/2009 U V 100 IA SIDDHARTH SIDDHARTH 22077/ 26 06/01/2007 U V 900,000 IC Total: 227,000 Total: 227,000 Total: 227,000 EXEMPTIONS - - OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Type Description Amount Code Description Number Amount Comm.Int. ' APPRAISED VALUE SUMMARY Torah Appraised Bldg.Value(Card) 0 ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 0 NBIID/SUB NB/ID Name Street Index Name Tracing Batch Appraised 013(L)Value(Bldg) 0 0000/A Appraised Land Value(Bldg) 227,000 - — NOTES Special land Value 0 Total Appraised Parcel Value 227,000 Valuation Method: C ENG'G FY11 SUBDIV#4 Adjustment: o FY09 SUBDI V#1I Net Total Appraised Parcel Value 227,000 , .. , BUILDING PERMIT RECORD - - - _ VISIT/CHANGE HISTORY Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date Type IS ID Cd. Purpose/Result '01/01/2014 01 1 BH CY CYCLICAL 2014 - - - - -- LAND LINE VALUATION SECTION • B Use Use Unit I. Acre C. ST. Special Pricing S Adj # Code Description Zone D Front Depth Units Price Factor S.A. Disc Factor Idx Adj. Notes-Adj Spec Use Spec Calc Fact Adj. Unit Price Land Value 1 3900 DEVEL LAND C 43,560 SF 8.25 1.0000 C 1.0000 1.00 C 0.61 DRAINAGE EASEMENT.08 1.00 5.03 219,200 1 3900 DEVEL LAND C 0.18 AC 71,300.00 1.0000 0 1.0000 1.00 C 0.61 1.00 43,493.00 7,800 Total Card Land Units:1 1.181 AC Parcel Total Land Area:1.18 AC I Total Land Value: 227,000 Property Location: 17 CORPORATION RD MAP ID:93/28.6.1/// Bldg Name: State Use:3900 Vision ID:104291 _Account#104291 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:07/06/201816:00 _: CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED) ' Element Cd. Ch. Description Element Cd. Ch. Description Model 00 Vacant MIXED USECode Description Percentage 3900 DEVEL LAND 100 COST/MARKET VALUATION Adj.Base Rate: '.00 Net Other Adj: i.00 Replace Cost i AYB Dep Code Remodel Rating Year Remodeled Dep% FunctionatObslnc External Obslnc Cost Trend Factor Condition %Complete Overall%Cond Appmis Val Dep%Ovr Dep Ovr Comment Misc Imp Ovr Misc Imp Ovr Comment Cost to Cure Ovr i Cost to Cure Ovr Comment OB-OUTBUILDING& YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B), Code Description 1 Sub Sub Descript UB Units Unit Price' Yr I Gde Dp Rt Cnd %Cnd Apr Value No Photo On Record • BUILDING SUB-AREA SUMMARY SECTION • - Code Description Living Area Gross Area E/T Area Unit Cost Undeprec. Value • • TEL Gross Liv/Lease Area: 0 J YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# 175Y Name: NO. 1 FOUNDATIONS, LLC Filing Date: 7 - /8 Hearing Date: 7- Cv- /f Property Location: 17 Corporation Road, Yarmouth Port, MA Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or private street or way, and abutters to the abutters (only within 300 feet of the property line) of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number and return with your application. You can get assistance with this list from the Assessor's Office. Map Number Lot Number Map Number Lot Number Applicant# 93 28.6.1 Abutters #'s 25 26 28.5 28.4 28.3 28.2 28.1 27 38 94 1.1 1.2 1.3 1.4 1.5 2 3 4 , 28.6.2 103 30.1.1 2 Labels-1 Hard Copy Assessors Field Card with photo Matthew Zurowick,Director of Assessing r/ 93/ 25/ / / 93/ 2862/ / / CAPITAL LEASING INC DIWAN AML 1141 OLD STAGE RD PATEL CHANDRIKA A CENTERVILLE,MA 02632 83 OLD HYANNIS RD YARMOUTH PORT,MA 02675 93/ 26/ / / 94/ 2/ / / LACKEY BRUCE A TOWN OF YARMOUTH 405 MARSTONS LN 1146 ROUTE 28 CUMMAQUID,MA 02637 SOUTH YARMOUTH,MA 02664-4463 93/ 27/ / / 94/ 4/ / / R 1B BOATS LLC USHER SYLVIA BASSETT(EST OF) 20 CORPORATION RD C/O SOMERS GERALD YARMOUTH PORT,MA 02675 32 BERNARD ST SOUTH YARMOUTH,MA 02644 93/ 33/ / / 94/ 1.1/ / / ENTERPRISE AUTO BODY LLC EZZAOUI ABDELAAZIZ 3 ENTERPRISE RD 71 OLD HYANNIS RD YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675-1767 93/ 281/ / / 94/ 1.2/ / / WATKINS JASON S TRS MITCHELL NICHOLAS G III WATKINS JENNIFER W TRS MITCHELL HEATHER S 5 CORPORATION RD P O BOX 2120 YARMOUTH PORT,MA 02675 SOUTH DENNIS,MA 02660 93/ 282/ / / 94/ 1.3/ / / Please use this signature to certify this list of JOE AND DOM LAND LLC DIVAN ANIL properties abutting within 300'of the parcel 30 CIT AVE UNIT 16 PATEL CHANDRIKA A HYANNIS,MA 02601 83 OLD HYANNIS RD located at: YARMOUTH PORT,MA 02675 17 Corporation Rd., Yarmouth Port, MA 02675 Assessors Map 93, Lot 28.6.1 93/ 28.3/ / / 94/ 1 4/ / / TAUBERT MARTYN W TRS XAVIER LUIS DANIEL ,A7f..4 711aCiadew TAUBERTALYSONLTRS 85 OLDHYANNISRD Andy Ma ado, Director of Assessing 140 PLEASANT ST YARMOUTH PORT,MA 02675 SOUTH YARMOUTH,MA 02664 93/ 28 4/ / / 94/ 13/ / / PRIDDY RUTH C C TR ENDRES JUSTIN C THE PRIDDY INVESTMENT TRUST ENDRES JENNIFER R 140 PLEASANT ST 69 UNION ST SOUTH YARMOUTH,MA 02664 YARMOUTH PORT,MA 02675 93/ 28.5/ / / 94/ 3 1/ / / CLOUD FIVE TRUST CAPE AND ISLANDS COUNCIL BSA 1 SIDDHARTH LN 247 WILLOW ST HOLBROOK,MA 02343 YARMOUTH PORT,MA 02675 93/ 28 6 1/ / / 94/ 3.2/ / / SIDDHARTH MEER TRS CAPE AND ISLANDS COUNCIL BSA C/O SHELBY HOLDINGS LLC 247 WILLOW ST 59 OLD STAGE RD YARMOUTH PORT,MA 02675 CENTERVILLE,MA 02632 • I ,Thy// MCev.,, POIM41„ , EMISAI t �,.UNE �,w - jarAPIDI CI R rIS li ',, ail. ff py,YM,WM Li Or� SUMMER tj&. aMV F mau qpN ' fru1M� F (� •+ 0.......10101MrrAtiagg es. I r--^7 ® gPORATON Pd'� LVtr Q al I....VI F a pq� § 1::::7 ave Per Arm owl , tir a . atiodir _. a L_____I gig . 01 nui [cc] 1 ,__ __ _. _ -- 1 , t CO < 0 �aE 111 NORP, Q 41 * STATE HIGHWAY a , EXIT 7 ROUTE6 * Nair P STATE HIGHWAY ROUTE 6 Alallna" Ill _ r 1 TAX MAP T: 103104 IF LATEST NAPREVISgM W2W15 TAX MAP 103104105 55SESSpq 100 50 0 100 EBO a TOWN OF YARMOUTH -_ �'/y.y�L- q' SHE+STFJN5110WN11EREONISFOR/ibSfSSllq �� o Tw x0o F TOWN OF YARMOUTH = 93 ,-95, SHEI RON IS �FRM f/g9 SES ONLY.NO LIABILRY FOR ERROR IS �FaM —63184;i5 BARNSTABLE COUNTY,MASSACHUSETTS 9;O BY THE TOWN OF YARMOUTN BARNSTABLE COUNTY,MASSACHUSETTS 83 84 8S 94 82 83:84 • Formal_X_Informal__Review SITE PLAN REVIEW COMMENT SHEET Date: March 27, 2018 New Map: 93 New Lot 28.6.1 Applicant: No. 1 Foundations Location: 17 Corporation Rd,Yarmouth Port, MA 02675 Zone: B-3/APD Persons Present Steve Belanger Nick Aquiar Dan Ojala Kathy Williams 4.v Capt Jamie Armstrong � Mark Grylls me. Capt Kevin Huck U f–t — Kelly Grant Carl Lawson Protect Summary Proposed 7,000 sq.ft.commercial building with associated parking, drainage,and septic. Outdoor storage of concrete forms. Comments Building: Property is located in the B-3/APD zoning district. Site has been the cause of a major flooding which included filling the pool and basement of a neighboring property with heavily silted water. Entire site needs an evaluation and plan to prevent any future flooding/runoff issues. Site is mostly devoid of trees.According to Dan Ojala previous owner did not complete a plan created by Down Cape Engineering. Buffers appear to meet the requirements of 301.4 and all applicable subsections. Per section 202.5 Use Table,the use is considered a D-3–Special Trade Contractors Yard.This use is allowed in the B-3 Zoning District, however, requires a Special Permit from the ZBA for use in the APD overlay. In accordance with 203.5 note"K" where a 8-3 district adjoins a residential district, no business or building shall be located within 50'of the district boundary. Clarification as to business storage and parking will need to be shown on the plan and if needed relief sought from this section of the bylaw as well. Construction will be required to meet all applicable sections of 780 CMR MSBC as well as 521 CMR AAB and 248 CMR plumbing code, in particular floor drain requirements. Community Development and Planning: The eastern side of the property abuts a residential neighborhood and the buffer along this area should be robust in consideration of these neighbors and include a 6'stockade fence along the top of embankment Utilities should not be located within the buffer areas if impact ability to plant and maintain the viability of buffer frees and plantings. Existing trees 4"In diameter and greater should be retained(unfortunately, most of the site has already been cleared). Trespass of light at the property boundary abutting the residential zone shall not exceed 0.05 foot candles and shall not exceed 0.1 foot candles at property boundaries abutting commercial properties. New underground electric service should be shown. It has been proven that a robust stormwater management system is required for this site as it is up-gradient of residential properties that have already received flooding from this property. Perhaps a berm would be advisable along this property line to ensure stormwater remains on site. Conservation: Wetlands Protection Regulations:The property is not jurisdictional under the Wetland Protection regulations. Stormwater Regulations:No person may undertake a construction activity, including clearing, grading,and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land draining to the Town of Yarmouth municipal separate storm sewer system (MS4)that is hydraulically connected to a wetland without a Stormwater Management Permit issued by the Commission. The property has been cleared of all vegetation without review or permitting under the Stormwater regulations. If it is considered to be connected to the stormwater system then it is currently in violation of these regulations. Is this property draining to the Town MS4? Engineering to confirm the proposed design shall retain and infiltrate all runoff on site. • Design Review. Not Present Project north of Route 6. gnaineerina; Adjust contours at and add additional catch basin to western side of eastern-most driveway to prevent stormwater from exiting property. Roof drain to be covered with frame and cover assembly. Pipes in trench to be covered with 12' of compacted select material. If potential for concrete/release agent outwash becomes possible,adequate protection from precipitation should be provided. Fire:chemical storage may require permits from Fire Department Hot work will require permit. Suggest heat detectors. Health,:The holding tank alarm panel Is required to have a visual(light)alarm In addition to the audio alarm as required by 314 CMR 18.08(b) 1. Please indicate this on the plan.A copy of the Professional Engineer's DEP holding tank self-certification form and inspection letter are required to be submitted to the Health Dept. Since the applicant proposes to wash vehicles inside the building an annual wash system report Is required to be submitted to the Health Dept The report Is to include the following: (1)A narrative of leaks, spills,and other events; (2)a summary of water usage, pumping frequency and amount of water removed from the system; (3)monthly verification of all circuits, monitors,probes,alarms and systems for proper operation with the results noted on a l�'I _log(the log is to be submitted with the annual report); (4)all circuits, monitors, probes,alarms,truck wash system ,. double wall tank piping tested and certified for proper operation annually by a Massachusetts-registered Professional Engineer trained In civil, mechanical or sanitary engineering and(5)a letter to the Board of Health from the Professional Engineer certifying all items listed above. Consult with the Town Plumbing &Gas inspector regarding floor drain and piping requirements, permitting and Inspection.All toxic and hazardous materials must be stored inside secondary containment of 150%volume of all the materials stored.An annual Handing and Storage of Toxic or Hazardous Materials License is required as the proposed quantities of materials are over the 10 gallons licensing threshold.A Board of Health Hearing is required prior to the Zoning Board of Appeals Hearing.A project summary letter,toxic and hazardous materials spill response plan and building floor plan must be submitted to the Health Dept prior to the Board of Health Hearing. Limited vehicle maintenance is also proposed.As with vehicle washing, repair work must be done inside the building. Water. No plantings are allowed within the 20'Water Department easement. Read&Received by Applicant(s) Ai= 103.9 103.28 93.23 tt1.~,taatt In n 15E* i:�-- 103.30.1.1 int I /41111111n...: 0 CMIS lt_is 11III. • La CS rte Rl9113t.335 to II� �� ntd ucraWy -- in 105.8.1 4 - r _ •4 pre r n'1 ap�� ^nr,yy Nu l; , r 4 wn' °e�re4, s 83.2" dig 84.15 J L?` 83.10 Pe w 83.9 404 84.2 q,m 17 CORPORATION RD YARMOUTH PORT, MA 02675 1 inch = 880 feet '" ":E s Data and scale shown on this map are provided for planning and informational purposes only.YARMOUTH (MA) and Vision Government Solutions are not responsible for any use for other purposes or misuse or misrepresentation of this information. 7/12/2018 „op/ ' .3t TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 BOARD OF Telephone(508)398-2231 Ext. 1285, Fax(508)398-0836 APPEALS MEMORANDUM To: Departments From: Board of Appeals Date: July 12, 2018 Subject: APD Special Permit Filing: 17 Corporation Road, YarmouthPort. Attached is a copy of the application for the location listed above of: 17 Corporation Road, YarmouthPort for a Special Permit under Zoning By-law §202.5; 203.5;406; and Use 202.5 (D3) to conduct business in the B3 &APD Zoning Districts. The Petitioner is scheduled for a hearing before the Board of Appeals on July 26, 2018. If you have any comments to provide, please do so (e-mail:sclark@yamiouth.ma.us) by Tuesday, July 24, 2018. Thank you. cc: Fire Building Health NOTES LEGEND IDAIIY3WY.a j I a ----- 1;, ._ G.nw 9„rw S msaoa.sn a NM= yC X Yn �i aNa Loot MP TO lig wil /) �- .�coma to DE M99 mmrn w no=MUST 4•411 1Li� .v d ., amx AMrsmaMAX WIMRWr I t 0 1<n X0z 31008'0008 onlE 0) txItlamrr¢.m / // ) 1/ / M 110.E a VMS ' �. S NRNI AMMO g 3M.MO xmm a ca. n rrt r. rJv05L LOTwE srMw a M.OGu i, . ,j( mg„rm„P a An Fm SVm mills TO Cl r0-4'ma Van= ! 11 '),r 8 0)Y smcn m^ma" la Ac - ... PARKING CALCULATIONS: nm w,cIm slam a panalx me ca,.c A. MAME II8' MA.I4 uO gamma M ID MENNERS x 1-SPACE/2'YORKERS .S SPARS ' w'<wawa.omiuD vn,Ra 'i"la""`"'n""`a raw. LOCUS MAP TOTAL:s SPACES REWRm EmRa(SAIMAA praxmm MU Y _ REMOvED Y MwW M mama SCALE 64 6 SPACESWWR PROEO WINDING HANDICAP '„' a'�m' ASSESSORS 'x00 93 PARCEL Raai XATRUTMa NM 32 PERIMETER TREES 0 20 ON CENTER • g I IL Nin KwmR • \'r YM B]PYICC.xJ I ix art In OM X01 Muff as FOR IMP 93 PARCEL 25 '.\ RJB BOATS.LLC I R'� [M IwsArnc RMaos BRUCE A LACKEY 1 DB 21127 PD 262 a w OTPMrtM W lamr6 AwWI4pR W DB 28528 PG 298 am UIS Ill Z. ZONING SUMMARY t c aiSOm:a.Mwn.xfa'rM.. 8 Aam EC .yl M X$51188 lli ZOMM wsWlCt B3 y51mC1 «P�TT of MUM AMA alrw.3 ecw'ua 51wc3E11 ( IMAM„m manual n MR LOT 132E 40.000 Sr 32,.250 Si. .44- �'r' . I ` •' °m mama - MN LOT FRONTAGE lar 12525' \ G\_l MN.FRONT SETBACK b' 370' BON AL ,, MAP 03 PARCEL 28132 YIN SIDE SETBACK' 10' 107 3752-0//6 ° • Carpal- tion Road .BS X ma ml L DIPAN DBI 25502 P9 94 YIN REAR SETBACK 2700 5764 2' k �, S A YAR BULDI G HEIGHT ]S' c}5' 4D'UR=MYJ Ss I h 413{ YAH.LOT COVERAGE* JDa e3x MAX.8005190 C00E9ALE•10% 136 NBS'M'U3� \y�]Dyf 1\ ,.yam I •M'IFN3Y RECHARGE OF EXCESS RUNpI MUST BE FRONDED _,^ 1 TTUSIIIIIIMIIIIIIIPF .. �M" FS -rj N. SITE PS ICCAI©MMN 1hE AWRFR PRORCI%N OVERLAY x 'T tNM . Ye • REE(TP) {l�. k �9 p 'a�'+ ` I OWNER OF RECORD CLOUD FIFTEEN TRUST r #•.k i,_,_ - ij I- ® .IIIA I I 711n �� F' I SiOU„MiM UNE • _ pv XOLMO'M,W OS]N ti! / 170,_:0. Lq i __ lIl' " I x I �'I I REFERENCES 15 Mr�5'3�� DEED BOO(30090 PAR x53 / I Od II• 35' • — _ _ 1.IY _. Pux aCgt are vAR,e • S 1, / l�__ i t \ „„, PRGPOSED `1' 11 IIS' - II III�I f pP ,u I' k� BUILLYNG 'y i.I ,�('y+ g q aR" yr; k 'S SLAB:et xs %We �L94AMM f ERISUxO POKE r l'i !'ll- 1 ANDRE=TO BE BE 1 I, I• II, I li'l REYMp rm.r . •W - k 'II; i jI 0 it lig` #/ Ili I 1. ii, I W•I �I •- �1 �/i0 '� k `__----4_',,, NAP I F ♦6�1 I� 'a . I `. I OAP 94 PMCfl 1] • WP Bl PARCH.381 [F�l� \OJ 3' 1 Mil DNM MSO„5 WRNS IRS k H 1 I W zA521 w z1 I MI' ,,g,aaTi 61 Alt' II 1 'I. g. CI• x:236 PG 143 Lot 6A I E -"''�c 2' E 1 1 y I L ___ __ ___ _ RDD If, P�MxR� NxDa._,.i13. ;i 111].T .6- SITE PLAN • MCC.51.{384 Sp PI GEGWflE3 • • 1.182 Acres �Ii BWLWIU NIWNO 58TST W _ i 916813•.15 J - - ` L ,__I— #17 CORPORATION ROAD WI g —,—:—.— I :I, I YARMOUTHPORT, MA WP 94 PARCEL 1.4 k ins. 0!30056 FE 319 PEL UM MARRS FOR A' 0 ';;nF STEVE BELANGER FF�lf� _ J' /l .4• I I DAZE: FEB 26, 2818 MM 93 PARCEL 2e2 I \x __- l,l e g y = I Scala x13• 3 JOE ANO DOY LAND LLC Da aaia Pc 25 II %yam __ -a .«, kDSy - 1,J nEL I W Mr al el 1 WP 53 PARCEL 285 4r RIS 4 5�. :."m I RHIN dDDMAMI08 21373 PG 3115 t{ atm • %a' 015'2 Wit twaurm ARC FlI Q•\ 2-tB-1E _--1 •FII/ chn Bn9rneers lane Aurw)w3 Nrz PDANIEL / ` 0]P Yam Brr,.r(me. 02 zB./ k k 1 YARYOYMGMT AM 0287! DCE 017-397 PERMIT SET NOT FOR CGlSmucnON • • NOTE: The base and inside walls of both concrete containment areas will be treated with Tremco Barrier Solutions brand Tuf-N-Dri 118 waterproofing material applied according to the manufacturer's directions. Please see the accompanying product information document • Natural Gas Generator Th.) •. 330 Double i I y 11.'1 ' all Tank I Release Agent • •. • • •'i 1,500 GallonI. i . Tight Tank :°'...: • 440 Gallon Containment Floor Drain v.a ' -q • Waterproofing Gallon. • 328 G . • 1 I i I Contrainmt rials • • 0th Overhead Doors .:•; I • ._ ,. • I. , • ; .; • , • ... •f . ,0.. •, ' a'•• • • • . d .f. • .•'a *Containment area volume will be 660 gallons (440 gallons X 150%=660 gallons) ** Containment area volume will be 492 gallons (328 gallons X 150%=492 gallons) • • 17 CORPORATION ROAD FLOOR PLAN • • • No. 1 Foundations, LLC .aaz ‘\\ / . \\/‘ / \ 00 / \\ \-,\_ -- - - \ -\ „ /A V / \ 101 • 90 .N % - ` -� �� v,\ . . \ ‘ \ / \ \ \ ,. �/ CoA a V - (1eaPwwL Iw WHO Carr of STEEP 1e; l?' 4 e1 : feI c, '— H• NH „N I x 1 I I le 4 CO He BH —_!�u 1 I I 1 . y a i ra He I I I I cH a 1 k • I I I I R fu He I I BH ,...10 .. i iti ti i1 i 11i i i He , . P I F. 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