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HomeMy WebLinkAboutDecision 1878M TOWN OF YARMOUTH. BOARD OF APPEALS Filed with Town Clerk: NOV 10 1982 Petitioner: John M. Notemyer .. 678 Skunk Net Lane Centerville, Mass. DECISION HEARING DATE: 10/14/82 Petition No.: 1878 The petitioner requested a special permit from the Board of Appeals to allow the operation of an auto body and paint shop on property shown on Assessors map #82, lot X18, Enterprise Rd.,Yarmouth, Mass., and also to allow gravel surfacing of parking areas adjacent to building situated on above site. Members of Board of Appeals present: Donald Henderson, Myer Singer, David Oman, Richard Neitz, Les Campbell. 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 on 9/29/82 and 10/6/82, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Daniel Triggs, Attorney for peti- tioner. John Notemyer, petitioner. The following appeared in opposition: None. Reasons for decision: This is a petition for a special permit to allow the operation of an auto body and paint shop in an existing building on Enterprise Rd., off Summer Street, in Yar- mouth. A plot plan, revised 10/13/82, was submitted to the Board, showing the existing building and the proposed gravel parking lot. There was a lengthly presentation and discussion at the public hearing. Several of the Board members were concerned about the potential problems with containment &.disposal of hazardous waste.On motion duly made and seconded, it was voted to grant the request for auto body and paint shop on the condition that all town laws and rules and regulations be strictly adhered to with respect to the containment and disposal of hazardous waste. It was unanimously voted to deny the request for a gravel surfacing of the parking area because of the fear that hazardous waste might escape into the soil through the gravel. Further, it was unani- mously voted that if petitioner goes forward with his business, that a hardtop parking lot containing a catch basin with a gas trap connected to a leaching basin be con- structed to further eliminate any potential problem with hazardous waste.. Members of Board voting: Donald Henderson, David Oman, Les Campbell, Myer Singer, Richard Neitz. All voted unanimously in favor as conditioned above, for the auto'body and paint.shop, and denies the gravel parking area. Therefore, the request for.the auto body/paint shop is granted with the conditions stated above, and the gravel parking area is denied, for the above stated reasons. No permit issued until 20 days from the date of filing the decision with the Town Clerk. MYER SINGER.:: _ Clerk pro tem .19k TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 1878 October 14, 1982 John Notemeyer Members present: Donald Henderson, David Oman, Myer Singer, Richard Neitz, Les Campbell. The Chairman called the meeting to order and read the petition. All abutters were notified and the necessary correspondence was made in the Yarmouth Sun. Daniel Triggs, Attorney for petitioner: I have previously submitted to you, the latest revised plans. I just got them today - we have been working on them since we have talked with Mr. White. The last time he indicated some changes he wished, in connection with Mr. Newton. This is about the third revision. We have attempted to touch bases with everyone. We have run up against a few things, but everything will show on the final plan. The last time I talked with Mr. White, he indicated it was agreeable to the Site Plan Review Board that we could delete 5 spaces from the original plan. It should show now 9 parking spaces would be permissable. Two of those you will note will be inside the building. This is basically a body shop. Also, he indicated he wanted a berm shown at the entrance of the building, and also at the entrance of the parking area. It should be on that plan. The Health Agent wanted a concrete slab - that is shown on the plan. We have to ask for permission to have a gravel surface. In talking with Mr. Newton - I asked him if he would be at the hearing tonight - if he would indicate he approved of this - he would like a gravel area. They wanted a paved area around the catch basin if this were approved. That is also shown on the plan. I think that is everything. On Page 3 of the plans - apparently this is something that is very new here - it surprised me. They wanted some type of runoff figures for the building itself. The rain water or some- thing. The figures do appear on page 3. That is at the request of the Engineer. Some problems must have come up in the past. The plan should be in proper order now. Mr. Henderson: We don't see these things until the night of the hearing. This is an Industrial Zone, under what section of the by-law are you here? Mr. Triggs: With respect to the shop on the property - under Use Regulations, Sec. 175-2200 and 2300, as amended. That is for the operation. The second part, gravel, under Sec. 175-3132. One of the problems were, we were called back again and some of the things that came up at town meeting - I couldn't get any books to look through the sections. Mr. Singer: Under 2300 - it says we can grant a special permit, provided that the use is not hazardous, etc .... could you address those things a little? Mr. Triggs: I have a plan showing the site. I don't think from the nature of the businesses:in the vicinity - this area isn't built up yet - it is an Industrial type area. Next door is the ambulance facility. Nothing really in there now. We won't disturb anything. It is sufficiently enough removed so the type of oper- ation shouldn't be of any harm. He has run a facility next to the Pontiac place on Willow St.. The chemicals - he has to meet certain standards, all overseen by the fire inspector and health agent of the town. Pet. #1878 Page 2 Mr. Singer: Why gravel rather than pavement? Mr. Triggs: It is cheaper, first of all. The ground runoff - it is supposed to be about 40% better runoff this way rather than paving. The drainage is better. Mr. Oman: This is an existing building? Mr. Triggs: Yes. Mr. Oman: The entrance is located as shown on the plan? 3 driveways...is that the way they exist? Mr. Triggs: Perhaps on the layout. It is like a proposed layout. You won't find anything right now. Where it says "existing", those are there. Mr. Oman: We have nothing from other boards ... I don't feel it is our responsibility to go through all this. There are things that I don't see that I think should be on this plan. Mr -.'White: We asked for several revisions. Mr. Oman: I don't see any green buffer areas but for one. I thought a green strip on the front and sides was required. Mr. White: It is an existing building. The buffer... there is nothing there. It does require so many trees in a parking area. There is no requirement to create a buffer. The only requirement is the number of trees for so many parking spaces. He doesn't have enough spaces to require anything. That would be for a shopping center or something. We won't issue a permit of occupancy until everything is met that we wanted. Mr. Henderson: Is it a fair statement that Site Plan Review didn't have any serious problems with this? Mr. White: We had several problems. It was mostly drainage, and they seem to all be met. Mr. Oman: It appears that there is a setback.- #10 - it appears that something must have come out at Site Plan Review to have them put that in. This parking area - is that open to access off Corporation Rd. - is it a secure area or is it the intent people can drive in there at any time ... it would hold unlocked cars. Mr. Notemeyer: I don't have that kind of thing. Mr. Oman: Vehicles left overnight? Mr. Notemeyer: I would seriously doubt it. Mr. Oman: How much room inside? For how many cars? Mr. Notemeyer: About B. Mr. Oman: If you had cars you were working on, they could be kept overnight... Mr. Notemeyer: They would stay inside. Pet. #1878 Page 3 Mr. Oman: Are you saying there would be no cars left out at night? Mr. Notemeyer: I would hope so - it is a bad area. Mr. Henderson: What is the building right now? Mr. Notemeyer: Right now, 2 bathrooms and an office. It is used for a warehouse right now. Mr. Campbell: Why do you want gravel? Mr. Notemeyer: I just don't want to go to the expense. Mr. Triggs: This is what, I addressed - I asked that. He said if the Building Insp. was over there ... he thought there might be about a 40% better drainage. Apart from the obvious, it is cheaper. I.think it looks better anyway. Mr. Neitz: I have a little concern about the by-law...public welfare... noise, dirt, etc ... also ground water quality. Mr. Notemeyer: All waste must be contained, etc... the Health Dept. will see to that. Mr. Neitz: It is very close to the public water supply. Mr. Notemeyer: I would like to have everything put into a 55 gallon container. Mr. Triggs: You can set conditions on that. We will do anything to meet the requests of the Board. Give specific conditions ... I think it is a good idea, and we will live up to -it. Mr. Notemeyer: He is very concerned with what is going into the ground. Mr. Neitz: That was one of the major concerns of the town and the Health Dept. Mr. Triggs: We knew about that right away - we knew that was one of the biggest concerns of the town. Mr. Singer: In reviewing the parking requirements, it says all areas must be paved, seasonal or periodic use. Will this be a year round business? Mr. Notemeyer: I hope so. Mr. Singer: Then I question whether we can act on this. Mr. Triggs: I think you have the power to act on it - I read it that way. Mr. Singer: I am concerned about anew industrial area. Some areas can grow very nicely and others are very bad. This is a new area and I would like to see a new area start right. Mr. Triggs: If you want to set conditions - asthetic or whatever - we will meet whatever. Mr. Singer: The 10' area around the lot - the by-law provides that area to be free Pet. #1878 Page 4 of paving, etc...you are not planning on doing anything in there? Mr. Notemeyer: I would like to woodchip it, put a split rail fence in. I don't plan to run a junk yard or anything there. Mr. Triggs: He has a nice operation in Hyannis and he will do a good job here. Mr. Oman: I have no problem with anything other than a hot top surface, with one exception - maybe this type of use. I really don't feel I. should be playing engineer.. your leaching basin - it is my feeling that that should be a catch trap and then to a leaching basin. To park a vehicle with a broken gas line or something - parked on a gravel surface, I am not so sure the whole area should be blacktopped and then go into a catch basin and leaching basin. I don't see where the work has been done to the satisfaction of other agencies of the town. With that, I have a problem. Mr. Henderson: Was this raised at Site Plan Review? Mr. White: No, but I think it is a very good thing to address. Mr. Triggs: He has addressed that nothing will be left out in the parking area. Mr. Oman: You can represent certain things to us, we can condition things, then we have an awful problem from there. The policing of these things is hard. Mr. Robertson: I am an abutter. My question is the same as other members of this Board - ground water quality - leakage. Since I am "down stream", I have some serious interests in that problem. I leave it to the Board to address that. Mr. Triggs: I would presume that the Fire Chief and the Health Agent and any others in the town will have their own requirements. It goes beyond this Board. Certain things have to be done. Everything has to be done to the satisfaction of the Fire Dept. or the Health Dept.. Anything you condition will be met.. Mr. Singer: The plan shows a railroad tie; if that were to be paved, it would be done right next to the property line... Mr. Triggs: It will be done right. Mr. Oman: That is not our problem. Hearing closed. STAB Al oS0c�35X7 L EX/sr a' c"-,71 v L/NK PeNC2 / 0 o e. e.r��s 9��? 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