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Home My WebLink About10-23-2008 Decision 4219 18 Enterprise RdFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: Bk 23293 Ps 3?7 �6079 7 12-02-2008 a o3 = 39,R TOWN OF YARMOUTH BOARD OF APPEALS DECISION November 5, 2008 #4219 October 23, 2008 wlp��,,./--%iJ I ! i iv�31 l�l TO"., a r.�n .n�f �^ Ids; /•�. 1. ,� Kira �� Ruth C. C. Priddy, Trustee of Priddy Investment Trust Dated 5/31/2007 PROPERTY: 18 Enterprise Road, Yarmouthport Map & Parcel: 0093.28.4 Zoning District: B3APD Registry of Deeds Book and Pa e:22077/48 MEMBERS PRESENT AND VOTING: Diane Moudouris, Chairman, Joseph Sarnosky, Steven DeYoung, Debra Martin, and Douglas Campbell. 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) and a Variance (§301) in order to be allowed to undertake the use of this property for a Boat Storage facility (use F3 & F4). The property is in the B3 zone, and in the Aquifer Protection District. The proposed use is allowable, by Special Permit, under §406. The site contains 44,737 square feet and is currently vacant. The petitioner proposes to commence use of the site as a storage area for boats and trailers, associated with its principal business in South Yarmouth (Ship Shops). The site would be fenced in for security, and monitored with video cameras. No structures would be erected. No customers would come to the site_ No employees would be stationed at the site. Employees would principally bring boats, on their trailers, to the site f6r•storage, especially during off-season months. No -washing of boats or servicing of boats or equipment would occur on site. The Health Department does not object to the use, provided the there is no washing or servicing of boats on site, access is limited to employees, and internal bilge plugs are to remain in place on all stored boats. The Fire Department also commented that all fuel tanks be stored full, to reduce the risks associated with vapor build-up in stored boats. The petitioner agrees to these restrictions, except as to the bilge plugs. The petitioner contends that fuel tanks are generally within secondary containment vessels, and the retentions of bilge plugs unnecessary risks damage to the boat from water accumulating during storage. Storage of boats without the plug is the normal and customary practice of the business. As for the buffer requests of §301, the petitioner contends that the construction and maintenance of buffers is not required in this case, since no buildings or parking spaces are requested. Section 301 only applies, he contends, where parking spaces are to be created on site. The Board disagreed with this premise, concluding that §301.4.9 applies to all parcels in the B3 zone. The petitioner therefore contended that a Variance from these required buffers should be granted, as the site will not contain any buildings, and is surrounded by similar uses, for which traditional buffering will serve no useful purpose. Further, buffering will actually make security within the site more difficult, by concealing the stored boats from off site view, thereby increasing the risk to the Aquifer Protection District, as well as to the petitioner. The Board finds that the Special Permit for the use may be granted in the Aquifer Protection District. This particular use, as represented and as restricted, will not pose an unreasonable threat to the aquifer. Further, the Board finds that, as to this petitioner, the size and type of the boats intended to be stored will commonly contain at least one additional level of containment within the boat to avoid fuel Ieaks from contaminating the ground. The Board finds that the Variance relief may be granted. This particular site and use do not lend themselves to the usual need for buffers. In addition, the presence of buffers otherwise required would actually increase the risk to the aquifer, by compromising security for the vessels to be stored on site. Therefore, a motion was made by Nfr.-DeYoung, seconded by Mrs. Martin, to grant the Special Permit, for this particular F3 & F4 use in the Aquifer Protection District, on the condition that there be no customer access allowed to boats, no washing or servicing of boats at the site, that all fuel tanks be kept full, as recommended by the Health and Fire Departments; however the petitioner need not require that all bilge plugs remain in place during boat storage; and to grant a Variance from the buffer requirements of §301.4.9, for this particular use, as requested. The members voted unanimously in favor of the motion. The Special Permit and Variance are therefore granted. 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, a Variance shall lapse if the rights authorized herein ar of xercised within 12 months. (See MGL c40A § 10) Reid, Chairman 2 FILE 00F' LAWOFFICF—SOr PAUL R. TARDIF, ESQ. r �' 0 490 YARMOU7 I INOTI' , MA 02675 e 0 4 ZO0g (508) 362-7799 (508) 362-7199 fax pt—ar—di—f@tgrdiflaw.com www.tardifl-aw.com Reter to rile No. December 2, 2008 Rhonda LaFrance Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal —18 Enterprise Road, Yarmouth Port Ruth C.C. Priddy, Trustee of Priddy Investment Trust - Petition #4219 Dear Ms. La)irance: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on December 2, 2008 in the Barnstable County Registry of Deeds in Book 23293; Page 327. 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.. curs, cc: Martyn Taubert James D. Brandolini, Building Department TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK Town Clerk I, Jane E. Hibbert, 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. #4219 and 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. n, , 1, ,;, i. 92,W2 d J e E. 'bbert, C C/CMMC Town Clerk