HomeMy WebLinkAbout10-23-2008 Decision 4217 12 Enterprise RoadBk 232VO Pa301 T60460
12-01-200a a l a z 550
TO117M OF YARMOUTH
8'--1ARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: November 5, 2008 FILE O PY
PETITION NO: 4217
HEARING DATE: October 23, 2008
PETITIONER: Marc R, Hulten & Laurie Hulten, Trustees of M & L Rtly Tr. By
Craig LaScola dba BigWave Craigs
PROPERTY: 12 Enterprise Road, Yarmouthport
Map & Parcel: 0093.28.2; Zoning District: B3 APD
Registry of Deeds Book 22257 rg 111 #47403
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, Diane
Moudouris, Debra Martin and Thomas Roche.
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 (§406) in order to commence a new use, for Boat Storage (F4) at
this site. The property is within the B3 zone and in the APD. The site contains approximately 43,124
square feet of are, all of which is currently vacant.
The petitioner proposes to commence use of this site for remote boat storage. The petitioner's principal
business location is in Barnstable. This site will only be used to house boats on trailers while in
storage. The proposed layout of the site is shown,on the petitioner's Certified Plot Plan, by Eastbound
Land Surveying, Inc., dated September 7, 2008. The site would be enclosed with fencing for security.
No buildings are proposed. Not customers will be allowed within the site. No employees will be
regularly on site. Employees will, as needed, transport customers' boats to and from the site.
No washing or servicing of boats or equipment will occur on site. The Health Department has no
objection to the proposal, as requested, on the condition that there be no washing or servicing of boats,
and no customers on site. All gas tanks will be stored full. The Health Department also recommends
that all boat bilge plugs be maintained in place while in storage. -Y71
The petitioner represents that storage of boats with the bilge plug in place is not the standard practice
of the business, and poses a risk of !arm to the boat and equipment through the accumulation of
interior water during storage. He represents that fuel tanks are customarily located within areas which
would act as secondary containment, were a leak to occur in a tank.
TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231 ext. 285, Fax (508) 398-0836
November 26, 200$
Dear Petitioner:
Board of
Appeals
In accordance with Massachusetts General Laws, Chapter 40A, Section 11, enclosed is an
original Certificate of Granting of a Special Permit, original of the Board's decision with the
proper certification by the Town Cleric which is to be recorded by you at the Barnstable
County Registry of Deeds and/or Land Registration Office. Please ask the clerk to make
you a copy of the recorded decision as you must forward a copy of the recorded decision, to
the Board of Appeals and the Building Department, to the above address.
Rhonda LaFrance
Board of Appeals Secretary
Enclosures
The Board notes that the petitioner plan does not show conforming buffers at the site, and that the
petition does not request relief from these. Not withstanding the filing of this plan with the Board, no
relief from §301 is to be inferred from this decision.
The Board finds that the use may be trade in the Aquifer Protection District, without posing an
unreasonable risk to the aquifer. The majority of the Board agrees with the petitioner that the retention
of bilge plugs need not be required, One member expressed reluctance to deviate from the Health
Departments recommendation on this point, as notwithstanding the presence of secondary containment
within many boats, the Health Department's recommendation was not expressly limited to fuel issues.
Other material may also be flushed out onto the surface of the ground if plugs are not maintained while
in storage.
A motion was made by Mrs, Martin, seconded by Mr, Campbell, to grant the Special Permit, as
requested, on the condition that the petitioner comply with the recommendation of the Fire
Department, to keep all fuel tanks full during storage, and of the Health Department, to prevent
washing or servicing of boats in storage, and to restrict the site to employees (not boat owners or
customers) , but not to mandate bilge plugs in all boats during storage,
Mrs. Martin, Mr. Sarnosky, Mrs. Moudouris, Mr. Campbell voted in favor; Mr. Reid voted against the
motion. The Special Permit was therefore granted,
No peanut shall issue until 20 days from the filing of this decision with the Town Cleric, 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)
David S. Reid, Clerk
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