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Home My WebLink About5034 0 Forsyth Ave ApplicationTOWN OF YARMOUTH BOARD OF APPEALS A . =:43 E APPLICATION FOR HEARING Appeal#: Hearing Date: a a a3 Fee$ - �,z g Owner -Applicant: COASTAL MEDICAL TRANSPORTATION SERVICES LLC (Full Names- including d/b/a) 372 Yarmouth Road, Hyannis MA_ 02601 (508) 362-7799 ntardif(a),tardiflaw.com (Address) (Telephone Number) (Email Address) and is the (check one) ❑ Owner ❑ Tenant XX Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: 0 Forsyth Ave, So, Yarmouth and shown on the Assessor's Map #88 as Parcel# 94 Zoning District: B-1 and APD. If property is on an un-constructed (paper) street name of nearest cross street, or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or "change the use of the existing building on the property") - RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: Construction of new building on a portion of the lot, with office space and a transportation service building, for non -emergency ambulance service, which has been classified by the Building Commissioner as a "Local and Commuter Passenger Transportation Terminal" (Use F2) in the Bl Zoning District. 1) XX REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. See attached narrative 2) XX SPECIAL PERMIT under §202.5 of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 F6. (use space below if needed) 3) XX VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: §202.5 _ Relief sought: Section: Relief sought: Section: Relief sought: F2 use in the B1 Zoning District ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: The Board of Health has issued the APD Waiver and is seeking relief for the a use of this property. Applicant prays for any and all other relief that is warranted. FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): William P. Swift and Harriet J. Swift Trustees of the Swift Realty Trust Title deed reference: Book 8156 Page 233 Land Court Lot # Plan # rovide co of recent deed Use Classification: Existing: BARE LAND §202.5 #--- Proposed: Transportation Service §202.5 #F6 or F2 Is the property vacant: yes If so, how long?: n/a Lot Information Size/Area: 1.7 acres (total of 3.32 acres) Plan Book [Pane 455/24 Lot#77-F3 and ES Is this property within the Aquifer Protection Overlay District? Yes XX No Have you completed a formal commercial site plan review (if needed)? Yes XX No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: Building and Health Repetitive Petition: Is this a re -application: no If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s) with this application: None iraul lt. IWU11, i:a►i. Address: 490 Main Street Yarmouth Port, MA 02675 Phone: (508) 362-7799 E-Mail: ptardif@tardiflaw.com 4on-sBuilder Signature D to MEMORANDUM COASTAL MEDICAL TRANSPORTATION SERVICES LLC 0 Forsyth Avenue, So Yarmouth 02664 Yarmouth Zoning Board of Appeals ++++++++++++++++++++++++++++++++++++++++++++++ The Petitioner will purchase this property, once all permitting for its intended uses has been completed. We believe that we have designed a project which meets all current bulk requirements of the Zoning Bylaw. However, because the property is located in the B I and APD Zoning Districts, the Building Commissioner has determined that the use code should be F2, "Local & commuter passenger transportation terminal (inc. bus, cab, rail & other transportation)". It is the Petitioner's position that the Building Commissioner is incorrect, and urges this Board to find that its intended use is more appropriately an 04 ("Accounting, Auditing and Book keeping Office"), 08 ("Other Professional Office"), and/or F6 Use ("Transportation Services"). Coastal is the only non -emergency medical transportation service on Cape Cod, Nantucket and Martha's Vineyard. My client provides these services to nursing homes, hospitals, healthcare facilities, and patients needing transportation to and from home for doctors' appointments. Coastal plans to store ambulances inside the building, as is required by law, when they are not in use. When crews are on shift the vehicles are out on the road doing transports or staged at nearby healthcare facilities. Wheelchair vans would be parked in the parking lot on the overnights between 4 pm and 5 am when not in use. The location would also be used for its corporate offices and dispatch center. They do not perform any of their own maintenance so none of this would be done on -site. Household products and quantities are stored only, and it is likely that we will secure the Hazardous Waste waiver from the Board of Health. The uses are limited to the storage of vehicles and office space. Based on Section 202.5 of the Yarmouth Zoning Bylaw, I believe that the intended use, as described above, if better classified as Transportation Services. As you know, the North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establislunents for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. NAICS was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system. As you also know, there are numerous types of business organizations that cannot be classified under every code number in the system, or in our Zoning Bylaw. It seems that this use is one of those. However, if you look at the NAICS Introduction, it states that "[ijn most cases, if an establishment is engaged in more than one activity, the industry code is assigned based on the establishment's principal product or group of products produced or distributed, or services rendered." The vast majority of the services rendered, on this site, is the office use. Although often referred to as an Ambulance use, this is deceiving. The parking and storage of ambulances on the property is nothing more than the parking and storage of any vehicle on its primary site. Being non -emergency, and based on the way in which these services are provided OFF SITE, there are no patrons or emergency services provided at the facility. Rather, they are performed in other locations — homes, doctor's offices, hospitals, and other facilities. If you follow the instruction of the NAICS, the primary use is 04 "Accounting, Auditing or Book keeping Office", or 08 "Other Professional Office". Even if the Board considers the off -site use of the vehicles stored in the building, the use cannot be classified as F2 "Local & commuter passenger transportation terminal (inc. bus, cab, rail & other transportation)". The is not a terminal, defined as "either end of a carrier line having facilities for the handling of freight and passengers." Merriam Webster Dictionary. The project will not have any facilities for the handling of freight or passengers. In sum, it is the Petitioner's position that the Building Commissioner is incorrect and that the correct use classification for the Coastal project, would be F6, 04 or 08. These uses more accurately define the proposed activities at the property. Regardless, I think we can agree that this use does not fit tidily in any one use code classification,