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HomeMy WebLinkAbout1989 Aug 21 - BOH Hearing MinutesTOWN OF YARMOUTH SOUTH YARIMOUTH MASSACHUSE'I TS 02664 BOARD OF HEALTH —djh,mr BOARD OF HEALTH MEETING AGENDA August 21, 1989 7:00 p.m. Yarmouth Town Hall 1146.Rte. 28 Yarmouth, MA 02664 AGENDA 1. Approval of Minutes: °° 2. "'Hearing 3. Discussion/Decision: 4. Variance Request 5. Discussion/Decision: 6. Discussion/Decision: Other Business Public Adjournment cc: Board of Health Board of Selectmen Executive Secretary Town Clerk file BM:fs 8/16/89 Board of Health Meetings August 7, 1989 23 Huntington Ave. Chapter 90 Handling & Storage j of Toxic .& Hazardous Materials Dock Buildin Vehicle Repair & Maintenan` ' gce / P UPS Distribution Facility Ansell Hallet Road Review of Variance Documents Occupancy Permit Request Lot R11 North Dennis Rd. Rizraze Loading regulation Planning Board Develop Comprehensive Plan Sherburne Villages Bill Snowden �1 ? z: 6 V L l onv gig. I Minutes of August 21, 1989 con't. are not to scale. Page 9: Correct spelling of granted. Page 10:Should be: The Board of Health's access to the condominium association's line of credit was previously discussed. Page 10:Correct spelling of submitted. Page 10:Should be: Mr. Cliff asked what would happen if the project did not receive the State Funding. MOTION: (Barrie Cliff) Accept the Minutes of August 7, 1989 as corrected. SECONDED:(Virginia Robinson) Vote: Unanimous II. 23 Huntington Ave. Attorney Mike McGrath, and Lee Colton came before the Board for a hearing on a proposed Dock Building/Vehicle Repair and Maintenance Business with regard to Chapter 90 Handling and Storage of Toxic and Hazardous Materials. Attorney McGrath clarified the fact that Mr. Colton is not in the vehicle repair business. Mr. Colton maintains his own vehicles. Mr. Colton builds docks and maintains the tools of his trade. The Health Agent gave background to the Board. The Health Agent and Ed Hutchinson Hazardous Waste Inspector, inspected the site last Thursday. Mr. Colton has placed all chemicals in a bermed area. The shop is in good condition. The Health Agent had one recommendation, and that was to use Speedy Dry, which should be placed in a larger drum and removed by a licensed Hazardous Waste Hauler. The Health Agent stated if the variance is approved that reference to vehicle repair maintenance be reflected. The Chairman asked the applicant what type of ventilation will there be. Mr. Colton stated that Dr. Tilley asked him at the last meeting about cutting styrofoam. Dr. Tilley had a concern with milling and sanding. Mr. Colton responded that he has no milling and sanding machine. The Health Agent stated that the heating oil tank was outside the - 2 - Y Minutes of August 21, 1989 con't. building above ground, on a concrete slab. It should not have a berm. Mr. Colton stated he will dispose of the waste oil off site, either to N.A.P.A. or the dump's recycle waste oil tank. Mr. Cliff asked Attorney McGrath about the two.dump trucks that say excavating on them. Mr. Colton- stated he has two business, dock' building and excavating. The .only work that will be done within the" building is the dock building business. _However, all the vehicles and equipment from both business will be kept on the site. Dr. Tilley questioned the 'difference between work repair, and maintenance. The Health Agent stated the repair would consist of maybe rebuilding a carburetor, engine vs. maintenance i.e., oil change, grease. lubrication etc. Attorney McGrath stated that windows and doors will be used for ventilation. The applicant will only be painting in the springtime. Dr. Tilley asked the applicant if he would like that in the motion. Mr. Colton responded: "No, but tell us what you want and if I can afford it, I will do it." Attorney McGrath stated the Board of Appeals imposed no restrictions on the number of employees or number of vehicles. The size of the property is going to limit what Mr. Colton could do there. Attorney McGrath also stated that the Board of Health's Chapter 90 Regulation ensures information is provided and spot inspections performed by the Health Department. Virginia Robinson stated to the applicant that this business is in the Zone of Contribution and the Board has a concern with the number of vehicles. Attorney McGrath responded that Mr. Colton has served on Town Committees and was past chairman of the conservation commission and also knows the towns concern in protecting the groundwater. Barrie Cliff had a concern with granting a dock building business along with an excavation and construction business. Virginia Robinson stated that the applicant is before the Board for a Hazardous Waste License. Mark Richardson had a concern with the ventilation, since some of the vapors are heavier than air, and that many are combustible. The Health Agent stated that for the amount of painting done right now, and if the windows and doors were cracked, there should be adequate ventilation. Mr. Colton stated that there is no work in the winter, so that painting would not be done during that period. No one in the audience wished to speak. MOTION: (Virginia Robinson) Move that this Board approve the Permit for Handling and Storage of Hazardous - 3 - Minutes of August 21, 1989 con't. Waste to Mr. Lee Colton, owner of LEMCO, 23 Huntington Ave. South Yarmouth according to Chapter 90 Handling & Storage of Toxic and Hazardous Materials, according to chemicals, presented at the meeting of August 21, 1989. SECONDED:(Barrie Cliff) The Health Agent mentioned it be limited to his vehicles only. This is reflected in the minutes and not needed in the Motion. Vote: Unanimous III. UPS Attorney Matt Dupuy, and Peter Mankarious Project Engineer came before the Board for a discussion/decision to review the Variance Documents and Occupancy Permit Request for the facility. Attorney Dupuy mentioned there were minor changes to the Protocol. In the Protocol the only changes were Page 2, 2nd paragraph, in which they deleted ROSREAL. Page 3 at the bottom, added the wells 1#5 & 6 to identify the monitoring wells. There was a meeting with Town Counsel on Friday, August 18, in which the Chairman and the Health Agent attended. Former Board Member Herb Schnitzers name was removed from the variance document which will be signed by the current Board. Virginia Robinson's name was to remain indicating she did not approve the variance. The Protocol was redated today (8/21/89), and the site plans and SPCC dates were 8-17-89. UPS just received final testing from R.I. Analytical Company. All the well tests are complete. In monitoring wells number 4 & 7 there was a higher than acceptable amount for Radium. UPS feels this is naturally occurring Radium and will have the answer by Thursday August 24, 1989. There are pockets of Radium on the Cape and they do not know if its related. Dr. Tilley questioned Attorney Dupuy not to use the term naturally occurring. Attorney Dupuy responded that there was no question that radium was there, but he questioned whether is was naturally occuring as opposed to someone putting it there.