HomeMy WebLinkAboutZoning Board of Appeals RF
OBLAW OFFICES OF 9r...:,,,,
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PAUL R. TARDIF, ESQ., P.C. ey ��, U<Os
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490 MAIN STREET \:IR iM,
YARMOUTH PORT,MA 02675 \T
(508)362-7799 (508)362-7199 fax
Paul R. Tardif,Esq. Stacey A Curley,Esq.
ptardif@tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com
REFER TO FILE NO.
November 15, 2019
Sandra Clark
Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
RE: Zoning Appeal—211 Mid Tech Drive, West Yarmouth
Hyannis Yacht Club - Petition#4822
Dear Ms. Clark:
Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for
the above referenced matter on November 8, 2019 in the Land Court Division of the Barnstable
County Registry of Deeds as Document 1,383,144. Please note that a copy of the recorded
Decision has been forwarded to the Building Department for their records. I thank you for your
fptance in this matter.
y T 1 y Yours,
kI
. R. . dif
cc: Brian Mullins
Mark Grylls, Building Department
Doc: 1 :333: 144 11-08-2019 10:59
BARNSTABLE LAND COURT REGISTRY
W is CLERK
,.
,$ _ TOWN OF YARMOUTH
O BOARD OF APPEALS
0 y DECISION , 1 90n T 1_5- s:58'REC
•
FILED WITH TOWN CLERK: October 15,2019
PETITION NO: 4822
HEARING DATE: October:10,2019
PETITIONER: Hyannis Yacht Club
(Tenant of Logan Property Enterprises LLC)
PROPERTY: 211 Mid Tech Drive,West Yarmouth,MA
Map 84,Parcels 9
Zoning Districts: B3,APD and RMDOD
Title: Document 841637 on Certificate of Title No 162531
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Susan Brita,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 to operate a Trucking and Warehousing use, and a Water
Transportation use (a F3 and F4 use from Section 202.5 of the Bylaw) in the APD and pursuant
to Section 406 of the Bylaw. Petitioner has also requested a Variance from Section 202.5, in the
event that the uses contemplated are determined by this Board to be "mechanical uses", which is
an L3 use. There is no relief sought for the structure itself as it complies with all bulk
requirements, including zoning setbacks, lot coverage and height requirements.
The Property is currently owned by Logan Property Enterprises LLC. The lot contains
approximately 40,012 square feet of area, and is improved with a one story metal building, with a
concrete slab, containing 8 bays, four of which will be utilized by the Petitioner.
Hyannis Yacht Club is a private club located on Hyannis Harbor at 490 Ocean Street, Hyannis,
and was founded in 1939. It has 600 Yacht Club Members, and more than 5,000 Captain's Table
Association members. The Yacht Club is actively involved in sailing as a hobby or in
competition, and the Captain's Table Association is a year round fine dining facility with views
of Lewis Bay on Nantucket Sound. The Club prides itself on encouraging yachting, promoting
education of the same, and has a clubhouse and anchorage and dock space for use of its
members. During the summer season, all activity is conducted at the Hyannis facility. However,
it is in the off season that the Club's activities move to the land. Currently, the club stores its
boats and conducted minor repairs at a leased location in Hyannis.
The club currently owns the following:
1 - 31 foot Down East Committee boat — Used during races to monitor competition, oversee
racing, maintain results
2—Crosby style launches
12—small powerboats (12 feet to 21 feet on trailers)
6—22 foot sailboats on trailers
18— 14 foot sailboats on Trailers
These are owned by the Club and not by members, who are responsible for their own vessels.
A staff of 2 or 3 conduct repair work to these boats in the winter months, which include using
acetone, gelcoat, and fiberglass resin in 5 gallon buckets. Paints and varnishes come in 1 gallon
or smaller containers.
Any mechanical work has been done at a private facility in Hyannis, and will now be done at
Charr Custom Boats in Yarmouth Port. Major repairs are done by private businesses off site.
In the late fall, the boats are taken out of the water and trailered, and brought to appropriate sites
for powerwashing of the bottoms of boats. None of that is done at the rented Hyannis space
now, nor will power washing be done at the Mid Tech Drive Site. Charr Custom Boats will
winterize boat engines and exterior tanks are drained and removed from the approximate 10
powerboats and stored at the Club. They are then delivered to the Hyannis Yacht Club facility
for minor fiberglass repair, minor paint touch ups,varnishing, bottom paint and shrink wrapping.
In May,the boats are taken back to the Yacht Club where they remain until October.
The combined space of the 4 units totals 4,900 square feet, and 24 outdoor parking spaces. The
plan is to use each unit as follows:
Unit E — Storage of historical records, china, flatware, glassware, table tops, paper products,
holiday decorations, sails
Unit F—Store 2 launch boats, which tanks will be filled(40 gallons each)
Unit G—boat repairs (repair cracks, wax boats,bottom paint)
Unit H—boat repairs and store some sail boats
Petitioner submitted a detailed floor plan for each unit. Trailered boats will be stored outside.
(12 powerboats, 6 22'sailboats, and 3 sailboat trailers)
Petitioner has submitted a plan which shows the containment system that will be installed, which
will connect all 4 units with floor drains, which will drain into a 1500 gallon alarmed tight tank.
The building is already equipped with a sprinkler system, which was inspected this month, and a
copy of that inspection report is included in the package, and a lock box for the fire department.
The Petitioner plans to store hazardous materials on site, including 275 gallons of fuel stored in
the boats with integral fuel tanks, and 45 gallons of materials used for boat repairs, 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 October 2, 2019 regarding the operation of the Petitioner's business at this
location. On September 16, 2019, 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. The Board was not convinced that Condition#8 of the Memorandum was necessary,
nor enforceable against the Petitioner. As such, the Board of Health Memorandum, minus Condition
#8, 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. The Board also
found that the issuance of a Variance pursuant to 202.5 for mechanical repairs (L3 use) in the
Aquifer Protection District was also warranted, although the work to be done at the site may not rise
to the level of mechanical repairs traditionally contemplated.
Accordingly, a Motion was made by Mr. Nickinello, seconded by Mr. Martin, to grant the
Special Permit and the Variance, as requested,with the following conditions:
1. Conditions 1 through 7 in the Memorandum are incorporated herein;
2. The project must be approved by the Yarmouth Fire Department;
3. If and when the Petitioner purchases the property in total, then the front yard buffer
vegetation will be restored/maintained including the addition of 3" caliber buffer trees, in
accordance with the Zoning Bylaw requirements in effect at that time;
4. An employee of the Petitioner shall inspect the property at least weekly, either in person
or, if possible,remotely.
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). Unless otherwise provided herein, the Variance shall lapse if a
substantial use thereof has not begun within 12 months. (See MGL c40A §10).
Steven DeYoung, airman
•
RECEIVED
,Y OCT 4 2019
•° TOWN OF YARMO
•. RMOUTH
:, Q BOARD OF APPEALS
�` rum 4.
��` .t;' 1146 ROUTE 28,SOUTII YARMIOUTH,MASSACHUSETTS 02664-4451
Telephone(508)398-2231 ext. 1240, Fax(508)760-3472
-: :i:••.... BOARD OF HEALTH
MEMORANDUM
TO: Zoning Board of Appeals (ZBA)
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector C L_,
SUBJECT: Zoning Board of Appeals (ZBA) Petition Number 4822
Hyannis Yacht Club
211 Mid Tech Drive, Units E, F, G and H
West Yarmouth
DATE: October 2, 2019
Background
Hyannis Yacht Club is a private club located on Hyannis Harbor at 490 Ocean St.,
Hyannis. The club offers members sailing and swimming lessons, competitive sailing
events, social gatherings and dining.
The club maintains a fleet of power boats and sailboats to support its sailing programs.
For a number of years Hyannis Yacht Club rented a warehouse at 61 Bodick Rd. in
Hyannis for the purpose of offseason boat storage and minor boat repair. Mechanical
boat repair has been performed at Rantuccio Boat Works in Hyannis, but will now be
performed at Charr Boats in West Yarmouth, a business registered with the Health
Dept. for limited toxic and hazardous materials storage. Other major boat repair is
performed at Judy Fenner Marine, in Hyannis, East Coast Inflatables in Westport,
Young Electronics in South Yarmouth and Crosby Yacht Yard in Osterville. Boat
washing is also done offsite in Hyannis when the boats are hauled from the water for
the winter.
Over the course of last winter Hyannis Yacht Club relocated their boat storage facility
from 61 Bodick Rd. in Hyannis to 211 Mid Tech Drive in West Yarmouth. This move was
completed for the purpose of securing a larger facility allowing for consolidation of
various club operations and storage needs.
1
Present Operation at 211 Mid Tech Drive, West Yarmouth, Units E, F, G and H
Presently Hyannis Yacht Club uses their above address for the following purposes.
1) The storage of dry goods such as paper goods, dining supplies (no food items),
furniture and office files.
2) Indoor and outdoor boat storage.
3) Propane-powered forklift storage.
4) Tool storage.
5) Toxic and Hazardous Materials storage presently including 8-9 gallons of
solvents, gel coats and cleaners as noted during a recent Health Dept.
inspection.
6) Minor boat repair including painting, varnishing, minor fiberglass repair and
shrink wrapping.
Aquifer Protection District
The present location is within the Town's Aquifer Protection District (APD) for the public
drinking water supply as regulated by Town Zoning Bylaw.
Proposal
Hyannis Yacht Club proposes to continue their use as described above with additional
volume of toxic and hazardous materials storage.
Hyannis Yacht Club has provided the Health Dept. with a detailed list of the toxic and
hazardous materials proposed for storage. The list includes both fuel that will be in the
integral fuel tanks of additional boats and the materials in product containers for staff
use.
The product containers do not exceed five gallons in size.
The sailboats have no engines and therefore no fuel tanks.
The smaller power boats have portable fuel cells (tanks) that are removed from the
boats and stored empty.
The larger power boats of which there are five have integral fuel tanks in sizes ranging
from 40 to 75 gallons. It was learned from the Fire Dept. at the Town of Yarmouth Site
Plan Review on Aug. 20, 2019 that the integral fuel tanks are required to be 95% full
during boat storage to minimize the development of fumes. This requirement applies to
2
both gasoline and diesel-powered boats. The Hyannis Yacht Club maintains that in the
event of a boat fuel tank leak the fuel would be contained in the bilges of the boat and
not discharge to the ground.
All involved boats are owned by Hyannis Yacht Club. No member-owned boats are
stored or repaired.
The total of all proposed toxic and hazardous material storage is approximately 100
gallons plus the volume of the integral boat fuel tanks (275 gallons) yielding a total of
about 375 gallons.
Some toxic and hazardous materials proposed are solid or semi-solid materials such as
resins, waxes, and fillers that will not readily flow.
Regulatory Items
1) It is understood Hyannis Yacht Club will need zoning relief from the ZBA in order
for the business to store toxic or hazardous materials in excess of normal
household quantities within the APD.
2) State Plumbing Code presently requires floor drains for: (1) new buildings that
will have motor vehicles inside and (2) existing buildings that will have motor
vehicles (including power boats) inside as a result of a change of use, such as in
this case. Massachusetts Department of Environmental Protection (DEP)
Regulation dictates the requirements of the holding tank to which floor drains
connect. The present requirement of floor drains and holding tanks is intended to
provide a means for containing any fluids that may leak or spill onto a floor
surface. Hyannis Yacht Club has had holding tank plans developed for this site.
3) 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.
Toxic or Hazardous Materials Delivery
The fuel within the integral tanks of the five power boats will arrive onsite when the
boats are trailered to the site in the fall.
Other toxic and hazardous materials used in boat repair will be purchased and brought
onsite by Hyannis Yacht Club employees. These materials arrive in small quantities and
are brought inside by hand. The forklift is not used for transporting these materials.
3
Toxic or Hazardous Materials Handling and Storage
1) Diesel and gasoline will be stored only within the integral tanks of the larger
powerboats. No fuel will be dispensed or transferred.
2) Two boats each with integral 40 gallon fuel tanks will be stored inside Unit F.
3) Three boats with 50, 70 and 75-gallon fuel tanks respectively will be stored
outside.
4) Containers of solvents, gelcoat, resin, bottom paint and varnishes will be stored
inside their original containers and within a flammables cabinet. The flammables
cabinet is within a concrete containment area that serves as secondary
containment.
5) The dimensions of the present concrete containment area within the building is:
Width X Length X Height =
84" X 105" X 4.5" = 39,690 cubic inches
39,690 cu. in. / 231 cu. in. per gallon = 171.818 gallons
171.818 / 3 = 57.27 gallons
57.27 X 2 = 114.54 gallons that can be stored while maintaining 150%
secondary containment
This volume of secondary containment will meet the regulation as Hyannis Yacht
Club proposes to store less than this amount.
Toxic or Hazardous Materials Use
The toxic and hazardous materials will be used only by employees of Hyannis Yacht
Club in the course of maintaining and repairing club-owned boats.
Toxic or Hazardous Materials Disposal
The majority of toxic and hazardous materials are used completely.
Bottom paint chips from scraping need to be containerized and will be disposed of in the
general trash.
Any generated waste solvent will need to be properly disposed of as hazardous waste
whether through the Barnstable County Hazardous Waste Collection Program or by a
licensed hazardous waste hauler.
4
Any solvent or oil soaked rags will need to be properly containerized and disposed of as
hazardous waste (spent absorbents) or removed by a textile service.
Additional Information
• Vehicle washing and fueling are not part of this proposal.
• The hours of operation are approximately 9:00 AM to 5:00 PM, Monday through
Friday from Oct. to May when boats are in storage.
• Three employees will work at this location although they will not be onsite
continuously.
Other Site Tenants
Units A, B, C and D are occupied, but the tenant details were previously unknown. The
Town was not contacted by the tenant prior to the tenant taking occupancy. The BOH
could better evaluate the Hyannis Yacht Club proposal with knowledge of the other site
tenants as units A-D are immediately adjacent to units E-F (those occupied by Hyannis
Yacht Club). For example, it would be beneficial for the Health Dept. and BOH to know
if any occupants of units A-D were welding, grinding or sharpening metal since Hyannis
Yacht Club proposes increased storage and use of flammable materials. Use and
occupancy concerns are further heightened due to the location within the APD. First, the
Health Dept. pursued the matter with the Building Dept., who issued a letter in early
Aug. regarding required occupancy permitting to the business believed to be occupying
some or all of these units. Several follow-up checks with the Building Dept. regarding a
response from the occupant revealed no additional information, however resolution of
the matter was progressing in accordance with the Building Dept. procedural track.
Second, the Health Dept. made two requests of the applicant including one in writing at
Site Plan Review on Aug. 20 regarding the need for the BOH to be provided with a list
of the other tenants in the building. Such a list was not received.
In the interest of providing both an update to the BOH and additional information to the
ZBA (before the Oct. 10 meeting) the Health Dept. contacted the building owner in an
attempt to learn of the tenants in these units. The building owner reported that Spinal
Technology of 191 Mid Tech Drive (a manufacturer of spinal braces) has taken
occupancy of Units A-D, which comprise half of the units in the building. A call was
placed to Spinal Technology and once their contact person returned to work after an
illness an inspection appointment was scheduled for Sept. 24.
All units were inspected by both Bruce Murphy, Health Director and me. Below is a
summary of the use and storage for each unit.
5
Unit A
Storage of primarily tools — Toxic and hazardous materials present in the form of
aerosols and latex paint collectively totaling about 30 gallons — These materials are no
longer needed per Spinal Tach staff — Health Dept. provided proper disposal
information. Spinal Technology plans to reduce the storage of materials to less than 5
gallons, which is below the Health Dept. licensing threshold of 10 gallons.
Unit B
Dry storage of paper, plastic and foam. Basic assembly of hard goods.
Unit C
Storage of completed foam molds for spinal braces.
Unit D
Storage of spinal brace hardware and dry, bagged ice melt.
No Health Dept. licensing is required for these units provided that a follow-up inspection
finds the paint and aerosols removed from Unit A.
Spinal Technology was made aware of their outstanding Building Dept. Use &
Occupancy Permits for these units and they were provided with a copy of the most
recent correspondence from the Building Dept. along with contact information for the
Building Inspector.
Health Dept. Requirements
Yarmouth Health Regulation requires the following regarding toxic or hazardous
materials handling and storage which apply to this proposal by Hyannis Yacht Club.
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.
6
7) Any waste material must be properly disposed by a licensed hazardous waste
hauler.
8) 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. Brian Mullins, General Manager of Hyannis Yacht Club and his attorney. Mr. Paul
Tardif presented the proposal of Hyannis Yacht Club to the BOH at the board meeting
on Sept. 16, 2019. The BOH approved recommending the proposal of Hyannis Yacht
Club 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 eight (8) 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.
1) The maximum onsite storage of toxic or hazardous materials is not to exceed
400 gallons.
2) A detailed material spill containment plan must be conspicuously posted at all
times and all employees must be familiar with the plan.
3) No vehicle or boat washing is allowed.
4) No vehicle or boat fueling is allowed.
5) No mechanical repair of vehicles or boats is allowed.
6) The floor drains must be installed by a licensed plumber and approved by the
Town Plumbing & Gas Inspector.
7) The holding tank connected to the floor drains must be installed and certified by
the designing Massachusetts- Licensed Professional Engineer (P.E.)
8) All other units in the building must achieve compliance with Building, Fire and
Health Department regulations.
The Board of Health and Health Department respectfully request that if this proposal is
approved by the ZBA the preceding eight (8) conditions be included in any ZBA
decision. Furthermore, if the proposal of Hyannis Yacht Club is allowed by the ZBA
these items will be included as conditions of the annual Board of Health license for the
business.
7
-oF"YAi COMMONWEALTH OF MASSACHUSETTS
� o TOWN OF YARMOUTH
to
', c BOARD OF APPEALS
4 rrAc HEt
Appeal#4822 Date: November 5,2019
Certificate of Granting of a Special Permit& Variance
(General Laws Chapter 40A, section 11)
OWNER: Logan Property Enterprises,LLC
788 Main Street,Dennis,MA 02638
PETITIONER: Hyannis Yacht Club
(Tenant of Logan Property Enterprises LLC)
211 Mid Tech Drive,West Yarmouth,MA
Map 84,Parcels 9
Zoning Districts: B3,APD and RMDOD
Title: Document 841637 on Certificate of Title No 162531
Affecting the rights of the owner with respect to land or buildings at: 211 Mid-Tech Drive,
West Yarmouth, MA Zoning District:B3;APD;and RMDOD; Map & Lot#: 0084.9;
DOC.#:841637; CTF.#:162531 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
Variance, and that 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 and or
Variance, 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 DeYoung, Chair
'Y TOWN OF YARMOUTH
Town
_
1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk
• YATTACXEESE
o•nts a 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 #4822 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.
Philip B. Gaudet, III
Town Clerk