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HomeMy WebLinkAboutLetter 72122 ED R E.C E ° V_. L,AW OFFICES OF JUL 22 2022 PAUL R. TARDIF, ESQ., P.C. a UILDING DEP.gRT1�/ENT 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R. Tardif,Esq. Stacey A. Curly,Esq. ptardif(d),tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. July 21, 2022 Via email and First Class Mail mgrylls@yarmouth.ma.us Mark Grylls Building Commissioner 1146 Route 28 South Yarmouth, MA 02664 Re: Forsyth Avenue, South Yarmouth, MA Assessor Map 88, Parcel 94 Current Owner: William Swift, Trustee of the Swift Realty Trust Proposed Owner: Coastal Medical Transportation Services, LLC Dear Mr. Grylls: As you know, this office represents Coastal Medical Transportation Services, LLC (Coastal), the potential purchase of the property at Forsyth Avenue and Old Townhouse Road, South Yarmouth, Massachusetts. (the"Property"). My client is attempting to 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 1 and APD Zoning Districts, it is imperative that the Use Classification assigned to my client's use be accurate, as it will affect the type of relief needed from the Zoning Board of Appeals. I know that you have discussed this with my Alexandre P. Theoharidis, the Manager of the LLC, and have made a preliminary determination that the use code should be F2, "Local & commuter passenger transportation terminal (inc. bus, cab, rail & other transportation)". I am writing to request that you reconsider this position for a number of reasons, and find that my client's intended use is more appropriately an F6 Use, "Transportation Services". The Project: 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 establishments 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"[i]n 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 you consider 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, I would like you to reconsider your position on the correct use classification for the Coastal project. I would suggest that F6, 04 or 08 are more appropriate classifications, and which 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. Perhaps we can allow the Zoning Board of Appeals to determine which section is more appropriate. I look forward to hearing from you soon in this regard. Ve T ly ul`s, u R. ar`difk Enc Cc: Alexandre P. Theoharidis TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-223 1 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner August 4, 2022 Atty Paul Tardif 490 Main St. Yarmouth Port MA 02675 RE: Coastal Medical Transportation 2017 NAICS review Dear Atty. Tardif, As you are aware, I have reviewed the proposed use with your client, Mr. Theoharidis. During our meeting, Mr. Theoharidis was clear about his specific business use and this review was conducted together. It is understood that Coastal Medical Transportation does not provide medical services and only provides transportation to patients that are under the medical care of others. The 2017 North American Industry Classification System as you have referenced in your letter of July 21, 2022, is the tool most used by this office, along with the cross-reference table provided by the previous Town Planner to assist us in classifying a business. This aids us in properly classifying a use and if that use is allowed in a specific zone in accordance with the Town of Yarmouth Zoning Bylaw, specifically Use Table 203.5. Not all businesses can be classified in our zoning bylaw or fit neatly under a specific category. The 2017 NAICS classifies Ambulance Services as follows. 621910 Ambulance Services This industry comprises establishments primarily engaged in providing transportation of patients by ground or air, along with medical care. These services are often provided during a medical emergency but are not restricted to emergencies. The vehicles are equipped with life saving equipment operated by medically trained personnel. My understanding is that Coastal Medical Transportation does not provide medical services. 1 The NAICS provides a cross reference to 621910 ambulance services with the following sentence. Establishments primarily engaged in providing transportation of the disabled or elderly (without medical care are classified in U.S. Industry 485991, Special Needs Transportation. 485991 Special Needs Transportation This U.S. industry comprises establishments primarily engaged in providing special need transportation (except to and from school or work) to the infirm, elderly, or handicapped. These establishments may use specially equipped vehicles to provide passenger transportation. In response to your request to reconsider the classification in the zoning bylaw use table as an F6, 04, or 08 and my review of these uses in both the bylaw as well as the 2017 NAICS, I provide the following review. The F6 -Transportation Services use in Table 202.5 classification is identified in the NAICS in section 485 and has many subcategories. One of which includes section 485991 Special Needs Transportation as has been defined. Some of the other subcategories include Urban Transit Systems, Commuter Rail Systems, Bus and Motor Vehicle Transit Systems, Taxi and Limousine Services, etc. While it is understood that there will be offices to employ staff for the management and operations of Coastal Medical Transportation this use is not the primary use of the property. I do not feel that the 04 Accounting, Auditing, & Bookkeeping Office referenced in your letter accurately identifies this use. The 08 —Other Professional Office classification falls under a similar category of an office use as identified in the bylaw. I do not agree that either office uses are an accurate depiction of the primary use. I am happy to discuss further at any time. In conclusion, it is still my belief that this office has classified Coastal Medical Transportation properly in the Town of Yarmouth Zoning Bylaw, Table 202.5 under the F2 category. Other uses also in the F2 category include; 485310 Taxi Services, 485410 - School and Employee Bus Transportation, 485510 - Charter Bus Industry, and 485999 -All Other Transit and Ground Passenger Transportation etc. You have the right to appeal this decision and or seek relief with the Zoning Board of Appeals in accordance with MGL 40a §8, and §15. Any further questions may be directed to this department. Cery Trul Mark Gryll Building Commissioner C; file Yarmouth Zoning Board of Appeals 2