HomeMy WebLinkAboutDecision 2769-5TOWN OF YARMOQTH r
BOARD OF APPEALS C ^ rI V F
ZONING ADMINISTRATOR=TM
DECISION '90 SEP 11 P 1 :53)40
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FILED WITH TOWN CLERK: SEP 1990 TOWN CLERK a IREASURfJt
HEARING DATE:
PETITION NO:
PETITIONER:
August 9, 1990
2769-5
Arthur P. Doherty/
Doherty Electric Co,Inc.
PROPERTY LOCATED AT: 18 Huntington Avenue, South Yarmouth,
MA 02664 and shown on Assessor's Map #87 as Parcel 010.
ZONING ADMINISTRATOR PRESENT: David B. Oman
It appearing that notice of said hearing has been given
by sending notice thereof to the Petitioner and all those
owners of property deemed by the Board to be affected
thereby and that public notice of such hearing having been
given by publication in The Yarmouth Sun, the hearing was
opened and held on the date first above written. ,
The Petitioner is applying for a Special Permit under
Section 406 and Section 103.2.1 of the Yarmouth Zoning
By -Law and/or for a use authorized in the "Use Regulation
Schedule" Section D3 SIC 1731 Section 202.5 to allow
an electrical contractor to occupy space formerly used
by plumbing contractor at 18 Huntington Avenue, South
Yarmouth, Massachusetts 02664.
REASON FOR DECISION
The proposed use of this premises as an Electrical
Contractor's business is a permitted use at the site,
(subject to footnote 9), but requires a Special Permit
because of its location within the Aquifer Protection
District. The application was properly referred to all
required Town agencies (§406.5.4) and each of such agencies
filed a response with the Zoning Administrator. In
addition, the applicant appeared before the Site Plan Review
Team, which also filed its report with the Zoning
Administrator. The one concern expressed by the
Administrator and the other agencies was the presence of
a well at the site, and the necessity for testing of the
water therefrom to assure compliance with the applicable
Health Standards. Based.upon the Petitioner's presentation,
1) there will be no chemicals, pesticides, toxic or
hazardous materials stored on the site in excess of those.•
associated with normal household use, 2) there will be
no vehicle maintenance performed at the site, and based
upon the favorable reports received from the other Town
agencies, the Zoning Administrator is satisfied, subject
to the conditions imposed below that the Ground Water
quality will not be adversely affected by the proposed
use and that the Water Quality criteria of §406 are
satisfied, and further that the proposed use is not
hazardous by reason of potential fire, explosion or
radiation nor injurious or detrimental to the neighborhood
by reason of dust, vibration or other nexious or
objectionable features. The relief request is therefore
granted, subject to the conditions that:
1) The Petitioner first satisfy any concerns of the Board
of Health, including that the well water be tested and
approved
2) That the lease for the premises specifically provide
that the premises not be sublet without the express written
approval of the Building Inspector.
The Special Permit requested is therefore granted.
No permit shall issue until the expiration of 20 days from
the filing of this decision with the Town Clerk.%
/ ve,_
David S. Reid' �
Clerk
BOARD OF APPEALS
OWNERS: Name: Appeals# /22CB--S
Address: Hearing Date: --
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PETITIONER: Name:�/�j�
Address:
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Telephone O
Building Inspector
This application is for the property and/or structure located at:
Assessor's Map# -Parcel# iV2'6
I/We, hereby request the action checked below:
=1. Appeal from decision of the Building Inspector to grant permit and
petition your Board for a public hearing on this action.
/e3.6,1
2. Application for Special Permit under Sections) of the
Yarmouth Zoning By-law and/or for a use authorized in the "Use
Regulation Schedule" Section(
110,
3. Petition for ariance from the terms of the Yarmouth Zoning By-law
to allow:
In order to grant petition, a variance of Section(s)
of the By-law is necessary.
A list of abutters within 300 feet of the perimeter of the property, as
shown on the most recent Assessor's Maps is attached.
Copies of the Rules and Regulations of the Board and a general
information sheet area -available from the Board's Secretary..
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TOWN OF YARMOUTH
BOARD OF APPEALS
ZONING ADMINISTRATOR HEARING
MINUTES
APPEAL #:
DATE:
PETITIONER:
ZONING ADMINISTRATOR:
ATTENDING:
Meeting began:
2769-5
August 9, 1990
Arthur P. Doherty/Doherty Electric
Co. Inc
David Oman
Robert Weston
Forrest White
4:00 p.m..
The Zoning Administrator called the meeting to order and
read the petition. All of the abutters were notified and
the necessary correspondence was made in The Yarmouth Sun.
The Petitioner is applying for a Special Permit under
Section 103.2.1 of the Yarmouth Zoning By -Law and/or for
a use authorized in the "Use Regulation Schedule" Section
D3 SIC 1731 Section 202.5 to allow an electrical
contractor to occupy space formerly used by plumbing
contractor at 18 Huntington Avenue, South Yarmouth, MA
02664 as shown on Assessor's Map # 87 as Parcel N-10
David: Would you like to present your proposal Mr. Weston?
Bob Weston: I have no formal presentation. I am here
because The property is located in the "APD".
David:. Is there a private well?
Bob: Yes with new pump. The water has not been tested
yet because it was shut off for a period of time. I would
like two weeks for water to go through before testing due
to rust in the pipes.
Alarm system is roughed in for both -fire and burgular.
Just waiting for approval.
David: Will you be storing vehicles on the site overnight?
Bob: Yes. A bucket truck, 2 vans and a car.
David: How much hydrolic fluid is kept in the reservoir
of the bucket truck?
Bob: I am not sure. The truck is too tall to store inside
though.
David: Concerned about the hydrolic fluid in the bucket
truck/Burden to satisfy the Board of Health requirements
lies with Mr. Weston prior to issuance of occupancy permit.
David read the recommendations of each department:
DPW
Fire Dept:
Water Quality:
Conservation:
Planning Brd:
Hazardous Waste:
No problem with request
No problem with request
No'comment as of 8/9/90
No problem with request
Unqualified to comment; defer to Water
Quality and Board of Health
No problem with request
Conditions to fulfill:
1) Burden to satisfy Board of Health lies with Bob Weston
2) Water must be tested
3) Lease will state that there will be no subleasing
without special permission from Building Department.
David: I am in favor of the petition with the stipulation
that the above conditions are satisfied
DAVID OMAN
ZONING ADMINISTRATOR
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—BARNSTABLE SURVEY CONSULTANT'S,. INC.
WEST YARMdUfH UASS.
TOWN OF YARMOUTH
SOUTH YARhIOUTH MASSACHUSETTS 02664
BOARD OF HEALTH
TO: Board of Appeals
FROM: Edward Hutchinson��
Hazardous Waste Inspector
DATE: July 17, 1990
SUBJECT: Appeal # 2769-5
Doherty Electric Co., Inc.
The Health Department has reviewed the subject application relative to its
location in the Aquifer Protection Overlay District and the Board of Health
Regulation "Handling and Storage of Toxic or Hazardous Materials."
The proposed use is an Electrical Contracting business. There will be no
handling or storage of toxic or hazardous materials in quantities greater than
those associated with normal household use. There will be no maintenance or
repair of vehicles on the premises.
The septic system consists of a one thousand gallon septic tank and a 6' X 8'
leaching pit. This system is adequate for the proposed use and proposed number
of employees.
As this property is located in an industrial area, the Health Department
requires that the water supply well on this property be tested to ensure
compliance with drinking water standards.
The Health Department can see no problem with the proposed operation at this
time.
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