HomeMy WebLinkAboutDecision 4759 LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R Tardij,Esq. Melissa G.MacLeod,Esq.
ptardif@tardiflaw.com www.tardiflaw.corq 1nelissa@tardiflaw,com
REFER TO FILE NO.
September 1, 2018
Sandra Clark
Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth,MA 02664
RE: Zoning Appeal— 17 Corporation Road, Yarmouth Port
No. 1 Foundations, LLC - Petition#4759
•
Dear Ms. Clark:
Enclosed please find a copy of the Board of Appeals Decision, which was recorded for
the above referenced matter on August 24, 2018 in the Barnstable County Registry of Deeds in
Book 31488, Page 206. Please note that a copy of the recorded Decision has been forwarded to
the Building Department for their records. I thank you for your assistance in this matter.
Ve T ly Yours,
/)\ulR.// 1 ardif
cc: Steve Belanger
Mark Grylls, Building Department
RECEIVED
I SEP - 7 2018
I
BUILDING DEPARTMENT
By: _
Bk 31488 P206 4.41778
08-24-2018 & n2 : 9713
OY .Yak
\'�� TOWN OF YARMOUTH
BOARD OF APPEALS
0 - DECISION
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: B3 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
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)
cee
Ste ens DeYoung,C—lfairman
;�,rY4 t COMMONWEALTH OF MASSACHUSETTS
•i ; i.
TOWN OF YARMOUTH
BOARD OF APPEALS
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: B3 & APD; Map & Lot#: 0093.28.6.1;Book/Page:
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.
teven Dexo , Chairman
s � ` _ TOWN OF YARMOUTH
• 1 . ,. Town
I`' `-At 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.
-4, 9% I%
Phili ' :Gu.et,'Il
fi Tpcwr► ;kt,tm
tprity
.o�'YAR;r TOWN OF YARMOUTH
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•
I pi,:a 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS i
• C'_..; Telephone(508)398-2231 ext.1240, Fax(508)760-3 RECEIVED
BOARD OF HEALTH
JUL 24 2018
MEMORANDUM
YARMOUTH
TO: Zoning Board of Appeals 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-
wailed 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 cutting, 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.
BARNSTABLE REGISTRY OF DEEDS 7
John F. Meade, Register