Loading...
HomeMy WebLinkAboutDecision 2372TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: 7 Petitioner: Dudley & Beth Scott 2 Acorn Hill Drive Yarmouthport. MA --':9V lj F.10;:06 HEARING DATE: October 13, 1986 Petition No: 2372 The petitioner requested a variance from the requirements of the Yarmouth Zoning Bylaw to allow: 1. A variance from 5202.5 M3, to permit a paint stripping use (Miscellaneous repair service) at 3 Enterprise Road, Yarmouth, 11A, located in an Industrial Zone in a building previously used as an auto body and paint.shop. (4202.5 LQ . 2. A variance from §301.5 to permit the use of 8 parking spaces as presently shown on the site plan submitted herewith. 3. Such other and further relief as may be required by the Yarmouth Zoning bylaw. Property shown on Assessor's Map1182 Lot X18, 3 Enterprise Road, Yarmouth, MA. Members of the Board present: Donald Henderson, Fritz Lindquist, Judith Sullivan, Leslie Campbell, Philip Magnuson. 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 Register on 10/9/86 and 10/16/86, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Attorney John Tibbitts; Mr. Scott. The following appeared in opposition: None. REASON FOR DECISION: This is a request to allow: 1. A variance from 5202.5 M3, to permit a paint stripping use at 3 Enterprise Road, Yarmouth, located in an Industrial zone in a building previously used as an auto body and paint shop. 2. A variance from 5 301.5 of the Yarmouth zoning bylaw to permit the use of 8 parking spaces as presently shown on the site plan submitted herewith. 3. Such other and further relief as may be required by the Yarmouth zoning by-law The Board finds that the criteria required under the statute and the Yarmouth zoning bylaw were not proven. There is no hardship owing to the circumstances relating to the shape or topography of the land as this lot is similar to the other lots in the area. The bylaw specifically prohibits paint stripping. Although this property is in an Industrial Zone it is also within the surface and ground water zone of contribution. The use of strong chemicals could, as stated in §202.5 footnote 9. be hazardous or harmful to the area of contribution. To grant relief would derogate from the intent and purpose of the by law and would cause detriment to the public good. Therefore. the Board unanimously voted to deny the petitioners request in its entirety. Fritz Lindquist, Clerk • '. • r �r.t.t• t�i ra t t ra.t �• (h`:l'Kt 1:1,ru't John P. Notemeyer and John P. Ellis. ' 11EAR1NG DATE:,�,�,i��_ FJ�1�FI'SS� 10 Plant Road, Hyannis, MA 02601 TL'T]7']�J:LFt t:l,t'.rt Dudley N. Scott and Beth J. Scott ADDRESS, 2 Acorn Hill Drive.' Yarmouthport, MA 02675 ~ Finr.Fp Or hITL,I S, YAT.?:'I�TH, l:AFS. T1,is petition whenconi.Ictcd and Fignithmtst be beefiledOf s with the Foard of Sclect- r.cn, Yarnouth, r.as_cachusetts. along DF,7F:. September 22, 1986 J��---`------ J r - ^cal fror.. decision of the Fuilding insl•ector and petition u 1, I, Pe, hezELl �F� :lie caring on t1.c action e}Iecked Lclew: your bcara for a ru X 1. Review refusal of Failding Inspector to grant prr-.it. F�•'''' 2. Decision of felectr"en. ^ke: below: 2. I, F,E, AEzeby re.Icst the actior. c..e, n X 1. t'aric)Ce fro-• re.ui:C7-ent- of Ya:r..^uih FOLiDg By -Law. W 2. F.pFrcvel of the F;Nld of I:rpeals. 's. A S;ecial F-C—Mit fro-. the Bc•ard of AF•Fee__,c .^ i c:, 1 To allow: See Attached in o W i _ac.. N ' Zr-, .ice ON 3. RCaSon for the F,c•ard of AFF:Eals acticr. ae chEckE_ below: without 1. contrary to Zoning ty-lav! as follcws: 1. 202.5 M3 prohibits paint stripping in industrial zone /variance 2. 301.5 Parkin D m 3, accor with Mass State Building Code (7 0 CMR Table 6061 2. Approval of Board of F,ppEals, or. Special Permit requested under the following section of Zoning By -Law: 1. 2. 1:azics and addresses of abutting property owncrs, and those persons deemed affected by this application. (At least three.) See Schedule .attached hereto;, Sigr;ed .D < < Respectfully submitted John F. Thibbitts, E�2fi01 M 255 Main St., Hyannis, A BOARD OF APPEALS OWNER: John P. Notemeyer and John P. Ellis PETITIONER: Dudley N. Scott and Beth J. Scott DATE: September 22, 1986 To Allow: 1) A variance from Section 202.5 M31 Yarmouth Zoning By-law, to permit a paint stripping use (Miscellaneous repair service) at 3 Enterprise Road, Yarmouth, Mass. (Assessors Map 82, Parcel X18) located in Industrial Zone in a building previously used as an auto body and paint shop (Section 202.5 L4). 2) A variance from Section 301.5 of the Yarmouth Zoning By-law to permit the use of 8 parking spaces as presently shown on the site plan submitted herewith. 3) Such other and further relief as may be required by the Yarmouth Zoning By-law. a r ,f From the Office of: STANDARD FORM t iv1Ura �.,EWELL PURCHASE AND SALE AGREEMENT ATTORICEYSATLAW P.O. Box 117 Yarmouth Port, MA 02675 This 28th day of August, tg 86 1. PARTIES John M. Notemyer and John P. Ellis, of 10 Plant Road, (fill in) Hyannis, MA, 02601, hereinafter called the SELLER, agrees to SELL and Dudley N. Scott and Beth J. Scott, of #2 Acorn Hill Drive, Yarmouth Port, MA,•02675, hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2. DESCRIPTION r land and building. located at 3 Enterprise Road, Yarmouth, (fill in and include containing 0.33 acres+, further described in deed recorded title reference) in Barnstable County Registry of Deeds in Book 3562, Page 278. 3. BUILDINGS, Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon, STRUCTURES, and the fixtures belonging to the SELLER and used In connection therewith including, if any, all venetian IMPROVEMENTS, blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, FIXTURES heaters, heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, electric and other lighting fixtures, mantels, outside television (fill in or delete) antennas, fences, gates, trees, shrubs, plants, and, if built in, air conditioning equipment, ventilators, garbage disposers, dishwashers, washing machines and driers: and but excluding See Paragraph 30 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to (fill in) the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven 'Include here by specific days before the deed is to be delivered as herein provided, and said deed shall reference any restric- convey a good and clear record and marketable title thereto, free from encumbrances, except tions, easements, rights (a) Provisions of existing building and zoning laws; and obligations in party (b) Existing rights and obligations in party walls which are not the subject of written agreement; walls not included in (b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such leases, municipal and deed; other liens, other encum- (d) Any liens for municipal betterments assessed after the date of this agreement; brances, and make pro- e(e) Encumbrances which will not .interfere with the. use of vision to protect the premises for the type of business -that the buyers SELLER against presently are BUYER'S breach of p y engaged in. a g g SELLER'S covenants in leases, where necessary. 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliversuch plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to TITLE • entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is (fill in), space is dollars, of which allowed to write out the amounts $ have been paid as a deposit this day and if desired (provide forpay- $ are to be paid at the time of delivery of the deed in cash, or by certified, men by certified cashier's, treasurer's or bank check. or Bank's Check $ acceptable to the TOTAL SELLER, if r required) COPYRIGHT t O 1978, 1984 All rigors reserved. This form may not be copied Or reproCupd In GREATER BOSTON REAL ESTATE BOARD whole or In part In any manner whatsoever without the prior ex- press written consent of the Greater Boston Real Estate Boaru. .:.�..:.. _2. TIME FOR Such deed is to be delivered at 10 o'clock A, M. on the 24th day of PERFORMANCE; 86 , at the Barnstable Count DELIVERY OF October f 19 y DEED (fill in) Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this - agreement. 9. POSSESSION and Full possession of said premises free of all tenants and occupants, except as herein provided, is to be CONDITION of delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they PREMISES. now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning (attach a list of laws, and (c) in compliance with the provisions of any instrument referred to in clause 4 hereof. The exceptions, if any) BUYER shall be entitled to an inspection of said premises prior to the'delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises, PERFECT TITLE all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the OR MAKE provisions hereof, then any payments made under this agreement shall be refunded and all other obligations PREMISES of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto, CONFORM unless the SELLER elects to use reasonable efforts to remove any defects in title, or to deliver possession as (Change period of provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in time if desired). which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty days. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at anytime OR MAKE during the period of this agreement or any extension thereof, the holder of a mortgage on said premises PREMISES shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then, at the BUYER'S CONFORM, etc. option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election, at either the original or any extended time for performance, to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former condition, either (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full OF DEED performance and discharge of every agreement and obligation herein.contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. . 14. USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or MONEY TO interests, provided that all instruments so procured are recorded simultaneously with the delivery of said CLEAF%TITLE deed. 15. INSURANCE Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows: 'Insert amount Type of insurance ` " (list additional _ Amount o/ Coverage types of insurance (a) Fire $ and amounts as (b) Extended coverage :. as presently insured agreed) (c) -_. _.. ... .. _ 16. ASSIGNMENT OF Unless otherwise notified in writing by the BUYER at least seven days before the INSURANCE time for delivery of the deed, and unless prevented from doing so by the refusal of the insurance com- (delete entire clause pany(s) involved to issue the same, the SELLER shall assign such insurance and deliver binders therefor in if insurance is not proper form to the BUYER at the time for performance of this agreement. In the event of refusal by the to be assigned) insurance company(s) to issue the same, the SELLER shall give notice thereof to the BUYER at least two business days before the time for performance of this agreement. 17. ADJUSTMENTS Collected rents, mortgage interest, prepaid premiums on insurance if assigned as herein provided, water and (list operating ex- sewer use charges, operating expenses (if any) according to the schedule attached hereto or set forth below, penses, if any, or and taxes for the then current year, shall be apportioned and fuel value shall be adjusted, as of the day of attach schedule) performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents for the current rental period shall be apportioned if and when collected by either party. _. _... 18. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned OF UNAS_SESSED on the basis of the taxes assessed for the preceding year, with a reapportionment as soon as the new tax rate AND and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced ABATED TAXES by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 19. BROKER'S FEE (fill in fee with dollar amount or percentage, also, name of Brokeds)) 20. BROKER'S) - WARRANTY (fill in name) 21. DEPOSIT (fill in, or delete reference to broker(s) if SEL LER holds deposit) 22. BUYER'S DEFAULT: DAMAGES 23. SALE OF PERSONAL PROPERTY (fill in and attach list or delete entire clause) 24. RELEASE BY HUSBAND OR WIFE A broker's fee for professional services of EIGHT THOUSAND & 00/100 is due from the SELLER to Wilfred E. LaCroix the Broker(s) herein, but if the SELLER pursuant to the terms of clause 22 hereof retains the deposits made hereunder by the BUYER, said Broker(s) shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the broker's fee for professional services according to this contract, whichever is the lesser. The Broker(s) named herein warrant(s) that he (they) is (are) duly licensed as such by the Commonwealth of Massachusetts. All deposits made hereunder shall be held by the broker(s) Wilfred E . LaCroix subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement, provided however that in the event of any disagreement the brokers) may retain said deposits pending instructions mutually given by the SELLER and the BUYER. Said deposit shall beheld in an interest -bearing account with interest to hollow deposit. If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated damagevARdelamt htoxbfcty ctusmtmxtkxtariecwr �taf r�ai��cxlxscX�arrsametmcot����nsiuttitetea�aattxS6i�tdflxubetsgisextutd}exstu:@ft�1C� i�xnc xwiti= as sellers' sole and exclusive remedy at law or in equity. - The BUYER agrees to buy from the SELLER the articles of personal property enumerated on the attached list for the price of $ and the SELLER agrees to deliver to the BUYER upon delivery of the deed hereunder, a warranty bill of sale therefor on payment of said price. The provisions of this clause shall constitute an agreement separate and apart from the provisions .herein contained with respect to the real estate, and any breach of the terms and conditions of this clause shall have no effect on the provisions of this agreement with respect to the real estate. The SELLER'S -spouse hereby agrees to join in said deed and to release and convey all statutory and other rights and interests in said premises.. 25. BROKER AS The brokers) named herein, Join(s) in this agreement and become(s) a party hereto, in so far as any PARTY provisions of this agreement expressly apply to him (them), and to any amendments or modifications of such provisions to which he (they) agree(s) in writing. 26. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor SHAREHOLDER, any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, BENEFICIARY, etc. hereunder. 27. WARRANTIES The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has AND REPRE- he relied upon any warranties or representations not set forth or incorporated in this agreement or pre• SENTATIONS viously made in writing, except for the following additional warranties and representations, if any, made by (fill in), if none, either the SELLER or the Broker(s): state "none", if any listed, indicate by whom each war - ran ty or represen- tation was made 1 28. CONSTRUCTION This instrument, executed in triplicate' is to be construed as a Massachusetts contract, is OF AGREEMENT to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and 'delete "triplicate" enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, and substitute successors and assigns, and may be cancelled, modified or amended only by a written instrument executed "quadruplicate" by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obliga- 11 required, tions hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 29. LEAD PAINT The parties acknowledge that, under Massachusetts law, whenever a child or children under six years of age LAW resides in any residential premises in which any paint, plaster or other accessible material contains danger- ous levels of lead, the owner of said premises must remove or cover said paint, plaster or other material so as to make it inaccessible to children under six years of age. 30. ADDITIONAL The initialed riders, if any, attached hereto, are incorporated herein by reference. PROVISIONS a. This agreement is contingent upon buyer's obtaining a mortgage of not more than 80 percent of the purchase price. at prevailing interest rates. b. This agreement is also contingent upon buyer's obtaining .all necessary permits or approvals from the Town of Yarmouth to conduct the type of business which they are presently engaged in. � c. Buyer shall notify seller ir?�ariting by September 29, 1986, of their inability to meet(d�6e or financing contingencies, or -said contingencies are thereby waived. d. Seller agrees to perform the following at their own expense prior to closing: 1. inground gas tank shall_be'removed with disturbed'::..: area filled in; furnish buyer with a 'satisfactory geological'.report _ w �_c '11 allow tii-1P inGnran c-nutrinq hazardniiq waste SELLER arise) J h yer SELLER / lie under MGL Chapter RUYf;d— ohn P. Ellis BUYER Diidley N. S'cott .3.- Install lines marking parking spaces.. Beth �. Scott 4.• Repair asphalt near parking drain. 5. Install vegetation or organic material within buffer zone, as reauir d by Buildi Department. BROKER,; EXTENSION Date The time for the performance of the foregoing agreement is extended until o'clock M. on day of 19 _ , time still being of the essence of this agreement as extended. In II other respects, this agreement is hereby ratified and confirmed. This extension, executed in triplicate, is intended to take effect as a sealed instrument. SELLER (or spouse) BUYER SELLER BUYER Broker(s) 28. CONSTRUCTION This instrument, executed in triplicate' is to be construed as a Massachusetts contract, is OF AGREEMENT to take effect as a sealed instrument, sets forth tho entire contract between the parties, is binding upon end 'delete "triplicate" enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, andsubstitute sucgessors and assigns, and may be cancelled, modified or amended only by a written instrument executed "quadruplicate" by both the SELLER and the BUYER, if two or more persons are named herein as BUYER their obliga-, If required. tions hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of • the parties to it. 29. LEAD PAINT The parties acknowledge that, under Massachusetts law, whenever a child or children under six years of age: LAW resides in any residential premises in which any paint, plaster or other accessible material contains danger. ous levels of lead, the owner of said premises must remove or cover said paint, plaster or other material so' as to make it inaccessible to children under six years of age. ? . 30. ADDITIONAL The initialed riders, if any, attached hereto, are incorporated herein by reference. r PfiWFIVISIONS a. This agreement is contingent upon buyer's obtaining.a r mortgage of not more than 80 percent of the purchase price: at prevailing interest rates. b. This agreement is also contingent upon buyer's obtaining all necessary permits or approvals from the Town of Yarmoui. to.conduct the• type of business which they are presently engaged in. c. Buyer shall notify seller sting by September 29,.1986, of their inability to meet��financing contingencies,:. or said contingencies are thereby waived. d. Seller agrees to perform the following at their own expense prior to.closing: 1. inground gas tank shall be removed with disturbed are filled in; rnish buyer with a satisfactory geological report.:' Ow t' si SELLS :: h t yer SELLER 2nde MGL Chapter • 21E, R=51.Se1 ei-J hn IK Ellis BUYER Dud ey N. Scott /)J ,,� W pt, 3. Install lines marking parking spaces. Be h J. Scott 4.• Repair asphalt near parking drain. 5. Install vegetation or organic material within buffer. . zone as r�ea.ui d by Bui ng Department. (•t/ BROKER EXTENSION Dat Sept. 22, 86 The timy�h a performance of the fools tlaaeZment Is enided until den o'clock �on ; the day of 19. time still being of the essence of this agreement as extended. In all other respects, this agreement is hereby ratified and confirmed. • This extension, executed In riplicate, Is Intended to take effect as a sealed instrument. SELLER (ors ysa) J1 emeyer SELLER 1 ss BUYER Dudley N. cott BUYER Beth Scott Broker(s) "-fI 104; OF YARMOUTH 4 BOARD OF APPEALS u::XERS: John P. Aotemeyer & John P . Ellis Appeal t2372 10 Plant Road Hyannis, MA 02601 PETITIONER: Dudley 6 Beth Scott 2 Acorn Hill Drive Yarmouthport, MA 02675 LIST OF ALL PROPERTY DEEMED AFFECTED BY THIS PETITION: John N otemyer, 460A Yarmouth Rd., Hyannis, MA 02601; Reid d Laurence Ellis, 34 Williams Road, ld. Yarmouth, `A; Robert Childs, 154-South St. So. Yarmouth; Andres. Putna-m, 230 Lovells Lane, Marstons Mills, K-%,02E.58; Brake MacDL-r.ald, P.O. Box 853, Hyannis, Y_4 02601; Stanley b `: r:ire, L;.cl:ev. 45 P.ampshire Ave. Hyanni, M.A 02601; J'ar,.es Fobertson, et ali 157 Pleasant St. So. Yarmouth; Town of Yarmouth Municipal; Maximilian Tufts, Warrenton, VA 22186; Arthur Gaklis, 264 Willow St. Yarmouthport. YOU ARE HEREBY NOTIFIED THAT THE PETITIONER requests from the Board a Variance to al l ow: a) A variance from §202.5 M3, Yarmouth Zoning bylaw, to permit a paint stripping use (Miscellaieo:ss repair service) at 3 Enterprise Road, Yarmouth, MA. As shown on Assessor's `taps:82 Parcel X18, located in an Industrial Zone in a building previously used as an auto body and paint shop. (§202.5 L4.) b) A variance frt-T §301.5 of the Yarrnuth zonin€ bylaw to ;Qr.-it ti'i• ns,- c, S :. r. i:! spaces as pre-vntly sh;,:, on the sitc plan sub:.it:ed h:rcvith. c) Such other and further relief as may be required by the Ysrrouth zoning bylaw. You are hereby notified that a public'hearing will be held with respect to this petition/appeal at the NeWorld Bank (Angelo's Plaza) Route 28, So. Yarmouth on: Thursday, October 23, 1986, scheduled time of this hearing 8:15 p.m. The public is invited. Fritz Lindouist Clerk TO: SOUTH YAR-NIOL TH� \IASSACHUSFT-I-S 026(A BOARD OF HEALTH MEMO Commercial Applicants before the Zoning Board of Appeals FROM: Yarmouth Health Department RE: Hazardous materials As part of the application process for a Board of Appeals Hearing, please complete this form and return it with your application. For further information concerning hazardous materials regulation, please contact the Health Department office. For information on cost-effective waste disposal for small businesses, please contact Gary Prahm at the Cape Cod Planning & Economic Development Commission, 362-2511 ex.477. In the conduct of your present and/or proposed business, do you store, use, generate any of the following types of products ( check all which apply ): Antifreeze, Engine & Radiator Flushes Motor Oil, Waste Oil Hydraulic Fluid, Brake Fluid, Automatic Transmission Fluid Gasoline, Jet Fuel, Diesel Fuel, Heating Oil Grease, Lubricants Engine & Metal Degreasers & Parts Cleaners Floor & Driveway Degreaser Battery Acid Rustproofing & Undercoatings Car & Truck Wash Detergents, Waxes & Polishes Asphalt, Roofing Tar, Foundation Sealers Wood Preservatives ( Creosote ) Paint, Varnishes, Stains, Dyes, Thinners Paint & Varnish Removers, Strippers, Paint Brush Cleaners Page 11 Con't Hazardous materials Dry Cleaning Solvents, Stain Removers, Carbon Tetrachloride Floor & Furniture Strippers Other Cleaning Solvents Rock -Salt, Road Salt Refrigerants Drain Cleaners, Toilet Cleaners, Cesspool Cleaners Bug & Tar Removers Photochemicals Printing Inks G Dyes Skimming Pool Chlorine Pesticides, Including insecticides, Herbicides, Rodenticides, Fungicides Nitrate Fertilizer Jewelry Cleaners Leather Dyes PCB's (Polychlorinated Biphenyls ) Electroplating Sludges Others -List Applicant's si nature HD 8-86 Ve �•� . I Sias --- � �� YM V TWIOUTH --- • ` Al `{ �_ Of At of •44 91 A Is N ti Ab i 1 � 74 Aa J .18 1.07 .J ao MI Town + S i T E as .w or : Tumom [s Uzi l a .43 t All t0 T 4 t� 1� R0.DI COPO0 rrac" Nis LT .33 u F r L� a TI .88 D4: as • mile XIS .tt I I' lid iso I.iT I Y I WILLOW • STREET INTE LOT LOCATION PLAN 3 Enterprise Road Yannouthport, MA j ® IR.OGM—i, .S. ® ` .ao .«•.,. 11MW,YA a],e _ TIYI•wY 1{,)1611aW0 I DR. BY: KJK SCALE: PROJ. NO. 70691 j CK'D BY: CHG DATE: 9/8/86 FIG. NO. 2 j TV Y YICI,MIIY • tMOIYI.I,IMO OUMIY,,IIG - II 6.0 FINDINGS AND CONCLUSIONS There are no records of hazardous waste violations on the site or the surrounding area based on information obtained from the Town of Yarmouth Board of Health and Fire Prevention Department and the D.E.Q:E. in Lakeville, Massachusetts and our site visit. No evidence of unreported hazardous waste materials was found during our site visit. Insignificant levels of total hydrocarbons and petroleum distillates were found in the soil samples based on the analytical test results utilizing the MIRAN 1 B. All concentrations were well within acceptable limits. Analytical test results are included in Appendix B to this report. There does not appear to be any direct evidence of hazardous waste contamination on the site and, in our opinion, the site should be considered if acceptable'. Our visual investigation and analytical testing of the site was sufficient to .find , no environmental reservations. In summation, there appears to be no hazardous waste contamination on the site. Site conditions do not warrant additional surface or subsurface sampling or chemical testing of the soil and water at this time. This opinion is based on professional expertise, research, and our visual site inspection; no. other warranty or guarantee is implied herein. Page 7 DIP N STRIP DIP N STRIP is a furniture refinishing and stripping operation currently located (since 1972) at 740 Bearses Way in Hyannis. I propose to move the business into an"existing building located at 2 Enterprise Road in Yarmouth. The building is currently designed as an auto body and paint shop. Due to the close nature of the two businesses very few changes have to be made to the interior of the building. The existing auto spray booth will be used as an enclosed stripping area . We will build a room for the storage of chemicals and hazardous materials (see layout) and will install a factory spray room for refinishing equipped with thnow away paint filter pads to trap solids in the exaust stream. A. STRIPPING PROCESS 1. The item to be stripped is'either painted with hand stripper (see 01 below) or emersed in a solvent tank (see #2 below). 2. the furniture is then dipped in a heated tank (see # 3 below) to pull stain, oil base paints and to clean off solvent traces. 3. The item is then placed in a spray booth (see 04 below) and cleaned with a recycling power wash off system (see # 5 below) 4. The furniture is finally dipped in a neutralizing tank (see 06 below) and rinsed. B. DISCRIPTIONS OF ABOVE 1. HAND STRIPPER (see literature) -The stripper currently used is flamable. It is stored in a special 2.5 gal self closing can(when in stripping room). 2. SOLVENT TANK (see literature for chem. make-up) - -The chemical (apx. 100 gals.) is kept in a steel tank with a steel(self closing;in case of fire) lid. 3. HOT TANK -1000 gal water and caustic soda. The tank is heated elements at one end. 4. SPRAY BOOTH (see literature) -The booth is part of a closed system for the re -use of rinse water.(see literature) -The furniture is rinsed of paint etc which goes into a self activating pump system to the filtration tank 5. FILTRATION TANK (see literature) -Removes all large particles from the water and returns it to a power wash -off at the spray booth. 6. NEUTRALIZING TANK -Water and oxolic acid. C. WASTE PROCUCTS OF STRIPPING PROCESS 1. Paint varnish, lacquer etc. that is removed set- tles to the bottom of the hot tank. 2. It is shoveled out apx. every two months and placed in heavy duty 55 gal. steel drums for pick-up by Clean Harbors of Natick Inc. (5 Strathmore Road Natick, MA. 01760 :phone 849-1600) Chemical Test # E13279 - The filtration tank is cleaned in the same manor. - The drums will be stored in chemical storage room (see layout) till pick-up by Clean Harbors. 3. The hand stripper in 5 gal cans and the solvent in 55 gal. drums are run through the hot tank before disposal to remove residue. D.e The stripping room Is made of cinderblock and will have a 6 in. lip all around for possible containment of chem- ical spills. The room dimensions are 14 ft. by 24 ft. With the lip the room will hold 1256.7 gal. 0 gal = 231 cu. in.). Total volume of water and chemicals in the room at one time is 1150 gal. There is no reaction when these chemicals mix with each other. E. REFINISHING -The furniture is sprayed in a factory built OSHA approved booth. The air is filtered and exaused either through roof or side wall. -The booth will have a sprinkler as prescribed by the Yarmouth fire dept. ' F. HAZARDOUS MATERIALS - stored In prescribed chemical storage room(see layout) - see data sheets for chemical make-up - used cans of paint, stain, varnish and lacquer are left uncovered in the storage room until they are hard.they are then recovered and sent to the dump INVENTORY ITEM AVERAGE AMT. WHERE STORED PAINT THINNER 10 GAL. ONE THINNER SP66 (STRIPPER) 100 GAL.* TWO AA LACQUER THINNER 10 GAL. TWO . STAIN 7754 5 GAL. TWO SANDING SEALER 5 GAL. TWO CLEAR LACQUER 5 GAL. TWO PAINT REMOVER145 10 GAL. TWO OIL BASE PAINTS 20 GAL. ONE OIL STAINS 10 GAL. ONE POLYURITHANE 5 GAL. ONE 55 GALLON DRUMS OF ONE I STRIPPING SLUGE MAX 4 OXOLIC ACID 200 LBS ONE CAUSTIC SODA 200 LBS. ONE * stored in stripping room ONE ---Just in chemical storage room. r TWO ---In special steel cabinet in chem. storage room. CHANGES BEFORE BUILDING CHANGES HANDS r 1. Inground gas tank shall be removed with disturbed area filled in. (completed) 2. Furnish buyer with a satisfactory geological report which will allow title insurance covering hazardous waste lien under MGL Chapter 21E.(samples taken already) 3. Install lines marking parking spaces. 4. Repair aspphalt near parking drain. 5. Install vegetation or organic material within buffer zone as required by Building Department. SITE PLAN REVIEW BOARD SEPT 9 1986 PERSONS PRESENT (rep. town) Building dept. Forest White Fire dept. Bill Green (398-2212) Board of health Dave Dumas (398-2231) Planning board Laura Harbottle COMMENTS: variance required for use M3. reupolstery and furniture repair MISC repair services. 7641 SIC book. Site work to be completed and town eng. dept. notified for final inspection. Occupancy permit required before using bldg. Board Of Appeals action to reduce parking requirement 24000200 =12 spaces needed 8 spaces shown on plans. Must use site plan approved by eng. dept. for John Notemyer signed 3/3/83 John L Newton. HEALTH: Must get approval Board of Health (scheduled NOV.3 1986) No floor drains in bldg. No discharge of solvents sludges or oxalic acid permitted MSDS.sheets fo be submitted(given Mr. Murphy) Adequacy of septic system and age to be det. -report done by Low and Weller engineers and accepted by the town. File appropriate notices with DEQE. -Applied for new DEQE # for 3 Enterprise Rd. location. -Present location will be closed and inspected after move and Hyannis and - Yarmouth will be notified. Contact at DEQE- Kenith Anderson FIRE DEPT.:Follow state bldg. code re:spray booths chem storage flamable storage - Chemical storage room and spray booth with sprinkler approved by Mr Greed. BUILDING DEPT :Chem storage room must be accepted by town fire dept.(was accepted and building dept notified) PLANNING BOARD: No comment. Y e a( e tv.,c -�- vet 1es'� ON C►E\ E Syr O. (3vo� Rooms• t S�� u.• CON�0.� U.�..ir� i\l w r d �O�,eo�4ts. OF�GC— f J� Scale = 10 s'toRt�66 czo°Yv` I - oN Wald Apo stcx-L 't- ; f e- cCa�•Z `�i COMWONWEALTH OF MASSACHUSETTS �? , r�;.t• a ^ DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING t � t DIVISION OF SOLID AND HAZARDOUS WASTE One Winter Street ' �•. ,� Boston, Massachusetts 02108 N O co Go v N O O fA d c1 r, U at to C 0 n Vf d c 0 Y z ar L m U T 2 A 'O 0 E n Y! C, W.e iv W to d ti! 0 V C- lease print or type. (Form designed for use on elite ltl•pncnt tyecw.,r...r Manifest UNIFORM HAZARDOUS i.GenerataUSEPA IDNo. OocumentNo. 2.Pape1 Information in the shaded areas of is not required by Federal law. WASTE MANIFEST IA I I! 1 1 1 1 1 1 I A. State Manifest Document Number 3. Generator's Name and Mailmg Address w •' Dip fa Strip - B. State Gen. to 740 Bcareela Tday Uyanniu Ha:: 02601. • _ . _ . _ . _ . ... _ _ - Same 4. Generatoi &Phone) 17_L47-5- w_ • _ b. ' "'US EPA ID N�mtiei ` 5; Trans. ID ` S. Transponer 1 Company Name C1Cnn Sarborn of Natick# Inc- _ AID 1918 0 5 8.3 2 0 3 S. US EPA ID Number D. Transooner' hPhone f 61 1 655-8863 . late rans.ID 7. Ttansponer 2 Company Name 9. Designated Facility Name and Site Address 10. US Eli^ t0 Number I. I I I I I I I I I I I F. Transponer's Phone I 1 Clean 11arbora of Natick# Inc. _ .. .. . ... _ • • •• • • - G. State Facility*&ID Not Required 10 HcreeeRd. -- •A D•9 8 0 5 2 3121013 . H.Facihtv'sPhone 7. 1 4615 88 - 12. Containers 13. Total 14. Unit 1. Watt# No. 11.USDOTDescription(including PioperShippinpNamt.HatardCAss.andlONumberl No. Type Quantity WtNol &- aste corrosive liquid N.O.S.- ...... .. _ D H G D 0 2 1' corrosive material UN 1760 _ _(E.13279). . , I 10 G b' E I 1 N E R c. A I I T I I I 0 R d. ' - D escrrpbons for Materials Listed Above hnclud[ physical state and hazard code. l - K.HandlingCodesfor astesListe3AWve - - J. Aodrtional t-tripping (sludge c. : -. '..... O d. b d. D. 16. Special Handling instructions and Additional Information 16. GENERATOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name and to applicable international and rrronal •rt cleisifred. packed. marked. and labeled• and are in sit respects in proper condition for transport by highway according who has been exempted by statute w reguta-Jcr.trt.m government reputatioru, and all spplicable State laws:regulations. Unless I am a ima11 quantity generator certification under Section 30021b1 of RCRA. I also certify that I have a program in place to reduce the volume and toxici-. the duty to make a waste minimization to the degree I have determined to be economically practicable and I have selected the method of tre.stment• storage, or dispose!cvnentiv ty of waste generated me minimizes the present and future threat to human health and the environment. rDate avilable to which Signs Month Dav es, Printed edNa I Date 7- 17. ransponer 1 +ckn ed ement df Receiot of Materials . Month Day Yost N S nature C r I O - ransporter 2 Acknowledgement o1Receiot of Materials Month Day Year T printtd/TypedName Signature I E R ------------- 19. Discrepancy Indication Space , .. F A c 1 20. Facility Owner or Operator: Certification of receipt of Hazardous materials covered by Lhs manifest except as noted in Item 19. Due L I T Sign Monts ItD r y Pr ied.'TypedName `+ {am ADDror[D allo. 0 JGa •D✓tt 7•�l• 6 EPA Form 87UU-l2 Ineir.4-ao rrevruu..uu,...,.,....___-_._, n ENVIRONMENTAL SERVICE COMPANIES 325 WOOD ROAD, BRAINTREE, MA 02184 (617) 849-1800 REPORT OF WASTE CHARACTERI'LATION Dip-N-Strip Profile Code F13 7_q. 740 Bearses Way Stripping Sludge Hyannis, Ma. 02601dame of blasts — rr , Late Received 8-7-84 CH Lab No. 12888 P.O. The waste saalp.Le submitted to the laboratory had the following charQcteristics: . F-?� 11 a. f. F'�1 r+a m E:. t. �a r FI 12 1= lush Point >200°F Water Reaction Negative SI.Llfide Screen Cyanide Screen Negative Anion(s) Other Water soluble Physical Uescriptian i Top layer -brown liquid Bottom layer-tan,very thick liquid This r--port has been prepared for the exclusive use and benefit of Clean Harbors. No representation. concerning sample validity or analytical accuracy or completeness is hereby made to .any other person receiving this report. �y P F'er: 6. Y t. hate : 8-25-86 KINGSTON. MA NATICK. MA SOUTH BOSTON. MA SOUTH PORTLAND, ME.. ALBANY. NY PROVIDENCE, RI ' (6171 585.5111 1617) 655-8863 1617) 269.5830 (207) 79MI11 (518) 434.0149 (401) 461.1300 Lbaiiilarboi-SWASTE MATERIAL PROFILE SHEET P 02715u Profile Sheet Number A GENERAL INFORMATION L' % ` ^ v { _ &) jt- GENERATOR NAME CUSTOMER NAME �' ' `T 4 ��^ ^�1 y�1/'•�,/�1 3, Ilf fERENT FROM GENERATOR) FACILITY ADDRESS — CUSTOMER CONTACT: 41 6 /L•� t7 /��/ CUSTOMER PHONE: EJ((ww��1//TTlr/��r " --- /`��7'7 fy� E7�� / Lr 011,10 `-1Dlgc?W ��I/V 1 TECHNICAL GONjACT• �\ • �F L GENERATOR USEPA I.D. TITLt L — vv������`�D-F I�+I ^ ` ` PHONE NAME OF WASTE: (\' PROCESS GENERATING WASTE: `� t gm L , 1 ` zt- e ` LL 1 u f (itL V1 -W4 ev ta B PHYSICAL CHARA TERISTICS OF WAS? DESCRIPTION AND COLOR ODOR PHYSICAL STATE@ 70•F LAYERS FREErLIOUIUIIDD r NONE ❑ MILD ❑ STRONG ❑ SOLID ❑ SEMI SOLID ❑ SINGLE PHASED ❑ BILAYERED 1❑ I LIYES ❑ NO DESCRIBE �SO C7 LIOUID ❑ POWDER VA H SLUDGE MULTIUYERED DINIA VOLUME PH SPECIFICGRAVITY FLASHPOINTI•F) • • ❑ <2 ❑ 2-S �// L7 69 ❑v<a ❑ .6-/.0 ❑ to ❑ <To ❑ 70.100 ❑ 101-179 ❑ 9.12b ❑ >12.3 Y7 1.o-1.2 ❑ 1-2-IA ❑ >2oo ❑ EXACT ❑ NIA ❑ 1 �•16 ❑ > 1.6 ❑ EXACT_ t❑y140/-200 L-] NO F ASH ❑ EXACT— ,.IC L COMPOSITION (1OT S MUST AF D�TO IC*%)• KL -go % *RANGES ARE PERMISSIBLE. BUT MUST BE NARROW SHIPPING INFORMATION D O.T. HAZARDOUS MATERIAL? ❑ YES ❑ NO PROPER DO T. SHIPPING NAME O.O.T. HAZARD CUSS UNINA I.D NO. R.O. SHIPMENT METHOD. ❑ BULK LIOUID ❑ BULK SOLID D DRUM (SIZE) ANTICIPATED VOLUME: GALS. CUBICYARDS DRUMS OTHER PER: 13 ONETIME ❑ WEEK ❑ MONTH 0-QUARTER ❑ YEAR ❑ H S►ECIALHANDUNGINFORMATIOWOTHERCOMMENTS D METALS ❑ TOTAL (PPM) ❑ EPA EXTRACTION PROCEDURE Inq'L) ARSENIC IAsI SELENIUM (Se) O BARIUM IBA) SILVER(Ag) O CADMIUM ICC) COPPER ICul 0 `_' CHROMIUM ICII NICKEL (N1) MERCURY (H0) ZINC (2n) LEAD [Pb) TIN ISn) O CHROMIUWHEX(Cr • 6) OTHER E OTHER COMPONENTS- TOTAL(PPM) O CYANIDES PCB'S SULFIDES PHENOLICS G HAZARDOUS CHARACTERISTICS M REACTIVITY: NONE ❑ PYROPHORIC ❑ SHOOK SENSITIVE ❑ EXPLOSIVE ❑ WATER REACTIVE ❑ OTHER OTHER RDOUS CHARACTERISTICS: NE ONE ❑ RADIOACTIVE ❑ ETIOLOGICAL ❑ PESTICIDE MANUFACTURING WASTE ❑ OTHER USEPA HAZARDOUS WASTE? - ❑ YES ❑ NO USEPA NUMBER(S) STATE HAZARDOUS WASTE? STATE NUMBERIS) ❑ YES ❑ NO ❑ ADDITIONAL PAGEIS) ATTACHED 1 HEREBY CERTIFY THAT ALL INFORMATION SUBMITTED IN THIS AND ALL ATTACHED DOCUMENTS IS COMPLETE AND ACCURATE AND THAT ALL KNOWN OR SUSPECTED HAZARDS HAVE BEEN DISCLOSn TITLE DATE I / LOW & WELLER, INC "Fiddler's Green Plaza" 714 Main Saw, PO. Box 119 lbrntouth Port, Massachusetts 01675 362-6868 362-8131 Registered: Land Surveyors Professional Engineers October 7, 1986 rr Dudley Scott 740 Bearses Way Hyannis, MA 02601 RE: Lot 18 Enterprise Rd. & Corporation Rd., Yarmouth Dear Mr. Scott: George Low, Jr., R.L.S. A. Paul Simard, P.E. William G. Weller, Consultant On October 2, 1986, we inspected the existing system at the above referenced site,.and found•it to be functioning properly. The septic.tank had a very minimal amount of solids and will probably not need to be pumped out for at least a year, if the current type of use continues. If you have any questions, please do not hesitate to contact us. Very truly yours, j i" r! .•/ William G. Weller WGW;slpt cc c LOW & WELLER, INC. "Fiddler's Green Plaza" 714 Afain Street, P.O. Box 119 Yarmouth Port, Afassachusetts 02675 362-6868 362-8131 Registered: Land Surveyors Professional Engineers October 8, 1986 Mr. Bruce Murphy Health Agent Town of Yarmouth South Yarmouth, MA 02664 RE: Dudley Scott Lot 118 Enterprise Rd., Yarmouth Dear Mr. Murphy: George Low; Jr., R.L.S. A. Paul Simard, P.E. William G. Weller, Consultant Subject: Nitrate Loading Report Per the Town of Yarmouth Nitrate Loading Regulations.outlined herewith is a written report establishing the Nitrate Loading of this client's project per the parameters outlined in the aforementioned regulations. The final resultant of 1.86 ppm falls well below the acceptable 5 ppm the Town has established. 1.) Sewage Flow per Title V = 15 G.P.D. # of occupants (2) - 30 G.P.D. 20.) Average Nitrogen Concentration 25 ppm (30) = 750 750 _ 328 = 2.28 ppm 4.) Lawn Area = none 5.) Lawn Area (1.8) : 1000 = 0 6.) 2.28 ppm + 0 = 2.2.'. ppm 7.) Total Area of Facility = 14,319 s.f. 43560 = .33A 8.) 2.23 (.275) 4 .33 = 1.86 ppm We trust this will meet your requirements. If you need -additional infor— mation please call. Very my yours, t Cl- Paul Simard, P.E. D,47E Scpt.22,19365 •,,, ❑ URciL-!Si' - - ❑ SOON AS POSSIBLE ,YARU OUTH FIDE DEPARTLIENT• 1. .. f/LE NO. - - ] NO REPLY NEEDED t:(i 1,1341 Stlect 50 YAhtMUM. MA 02664 ATTENT/ON To (617) 3S'3•?112 suerECT Proposed Dip & Strip ' Eatcrpriao Enact, Yes�outh: MUST I= 3 Building.1h0pector MESSAGE Mr. Dudlcy Scott scan in and submitted ILS.D.S. nbeota reCards raterLAG to ba used in > his operation rid rlao showed no the cabinot that ho in ordering to contain the firr^._..ablo ratcriala to be used in his .operation. It is still reco—ended that tho Building Code bo followcd rcEards eprio,-iera for tho spray booth `r= vz-,z/a.. — Copy to-I1r. Scott _ 1 SIGNED j:illirs► A. Greene, Jr. p'TSp..Ch. , _ . � �`Y .`t- --'.. .�. ... ._ ^c1� .� . �+i �•a,I C"'IvOn�a'm "{si�www n�Cm-:—r?—:+-i'rt r"'.--+-r . £ gr r O on S33 •i C •<m�LYy w77C o,j F�'A�r CoR.li' 0 'wO•� pC17_A ''.�..�'�'nn�P�q �or d•Gr••�O C r m r .`,Yiwn''T007 a0E to �r�•.7 O'eM a'M.S. b,+oV t'a'SOp� ^ V. Oa 4a7 7 si '�ww er�n�p�� e's irp A .,Pp7�Yns o=Ge,"i Coovn��G a •gnee,�Opna00 nn•ryww»eA I1 Nr PG CO�nOC:a Q�e 1-A2e� a (.r. a�A ra0 awp�9rnw0 o.•On anew y O�wCE C � ew ns dC e?qn near' • am N ►"'lip. ea�oID9'°onrELnei � .d. 5oNVi•-COO-Cor we a ntr . lr lx'1^.:''nnr.w R�gD.r �. C•oiw <•Ss nW r: w;00�zrani O,e„ !, re��:a_..�oa..no..ola•E� a N u 5 e 0 ti e epe�r9e I � ,J•—�i� -. ,. or pwn�C pe•l �1 - `�-� nv ion»►e , ::J C One ay O66 onn' ,•. ' _�?._ MM'ZnYnp^ o Gw o•�a ' R ?� A r a♦ e' nb C o•a- _ ns ^ a -^ Z °'.� 'i• gag cn »oFanoS �l� .h� o :: IN g4.d rww i♦ - l Iwj : ` S7r� M on r w�i/a » =or lrr` s� J• w wron�COe o PwC O on ^o=n n»wRc r '•'wyy e t eOnea'»Olen eor o.r:rw rat SC oa�"a •' 3 p sO C' - r r.. �. •.'.. w C e ae v to zir Vs . wt w CC N F"Naor 9 — The Bix Process Water Recycling/Filtration System was developed for use in areas r where local or state regulations have been established to restrict or eliminate industrial rinsewater from entering municipal sewer systems or individual septic systems. Depending on regulations for your area, the system will allow you to (1) remove solids via settling and filtration; and/or (2) create a closed loop system in which the rinsewater is filtered and reused. 300 Gallon Water Filtration Tank The 300 Gallon Recycling/Filtration 8' x 6' Water Rinse Booth Tank includes removable screen filters and all applicable hardware. The Water Rinse Booth comes complete with built-in ventilation system including exhaust blower, automatic water transfer pump and switch, and a built-in sump pit with removable basket screen filter for easy removal of 1. Binks Spray Booths are all fabricated from galvanized unpainted sheet metal for protection against rust corrosion. 2. Model number suffix LH indicates booth furnished with Model 29.1094 (4-tube) dust and ignition -proof fluorescent fixtures which conform to OSHA requirements for Class 1, Division 2 hazard locations. Model suffix LO indicates booth furnished with Model 29.1096 open -type (4-tube) fluorescent fixtures. Fluorescent tubes not furnished. 3.Open-type motors are furnished with all standard packages. Totally enclosed or explosion -proof fan or pump motors and motor starters optional. 4. Fan motors and drives furnished unmounted. Specify pump locations left or right side and motor voltage. Right side furnished unless specified. 5. Top or back exhaust are standard for dry' filter booths. Water Wash and Automotive booths are cataloged with top exhaust. Back exhaust optional. Specify on order. Consult your Binks representative if more than 25 It. of exhaust stack is required. 6. Additional booth working area, observation windows and access doors available. Please consult your Binks representative. 7. Send factory your drawing of conveyor opening requirements. 8. Safety monitoring and control devices, as well as complete automatic systems, available at extra cost. Consult local codes and your Binks representative for the equipment most appropriate for your operation. LTER SPRAY BOOTH Facing: 47 Slade Street Fall Myci, Mouochu&cM Felcphone (617) 672-6112 or 674-419 P.O. BOX. 615 V August 119 1986 KEN -LAC CHEMICAL CO., INC. LACQUERS * SYNTHETICS * THINNERS * PAINTS ENAMELS c CLEANING COMPOUNDS * SPECIALTIES FALL RIVER, MASS. 02722 Dip & Strip Co. 744 Bearses Way. Hyanpis, Idass. 02601 Dear Mr. GC..G't: - ATT=ON: PLANT MANAGER/GEM AL MANAGER RE: jaTERM SApM DATA SHEETS (MSDS) We are pleased to provide you with the most recent and/or updated I.ATERIAL SAFETY DATA SHEET (s) (vsDS) for the following p (s ) which you recently ordered: Paint Thinner (VARSOL #1) C01,1PONENTS OF THESE PRODUCTS Thinner SP66 (Strip Thinner) Acetone, Toluene, n-Butanol, AA Thinner for lacquer Methanol, Methyl Ethyl Ketone, Stain 7754 Dichlromethane, Dibutyl Phthtlate, Sanding Sealer Nitrocellulose Xylene, Isopropyl Alcohol Clear lacquer 15W wet with Isopropyl Ethylene Glycol Paint Remover #5 Alcohol, I•Sonobutyl Ether, The MSDS are being provided you in accordance with the OSHA HAZARD COIrMJICATION STANDARD, Please note that not all our products are considered hazardous under the Standard. Please see that these new safety data sheets replace the ones previously issued and that the original pSDSts are destroyed -to eliminate any possiblity of confusion.. Thank you for your attention to this important matter. Sincerely yours, William F. Jacks President WFJ:sj enc w1%1 L. r IiLI'L11L 7jBATA SH EMERGENCY HAZARD RATING ME 4 - EXTREME O 3 - HIGH I 2'- MODERATE HEALTH aEAee,:nr •`.�:/ Required under A t -SLIGHT 0 - INSIGNIFICANT / CP CHEMICALS, Inc. 29 CFR 1910. 1200 arrcwcHA:AAD ( Arbor.Streot, Sewaron, NJ 07077 • 201-636-4300 • CHEMTREC 800-424-9300 Revised 5786. t_! ECTION 1- PRODUCTION INFORMATION: SINGLE SUBSTANCE 9 MIXTURE ❑ ' hemical Name & CAS No. .ETHANED.IOIC ACID (.DIHYDRATE) CAS # ( 144-62-7 ] KEYtiOLUS� t lkla�:.::, N;t 10101;.w Stoat ade Name S Synonyms OXALIC .ACID P.O.Nx567 1./:ffk+-,rn Vf`r 07703 emicai t:nemical (COO:') .��H O mily Dicarbuxylic Acids Formula 2 2 ECTION II - HAZARDOUS INGREDIENTS AND/OR CHARACTERISTICS .NA e ECTION III - PHYSICAL DATA eltingPoint (•F) 2150 Specific Gravity (H2O-1) fling. Point (•F) Loses 2H0 l Sublimes ' 300 320 Percent Volatile by Volume (•/.) None Ik Density (LES/Per Cu/Ft.) About 50 PH 1% solution 1.3 lubility In Water 'Appreciable • pearance and Odor White crystals - odorless. CTION IV - REACTIVITY DATA ability Unstable Conditions to Avoid Stable X Excessive heat ompatability (14aterials to Avoid) eacts violently w3.L1: rg, Oxidizers, Furfuryl Alcohol. zardous Decomposition Products oxic gases and -vapors (such as formic acid & carbon. monoxide) ma." be released zardous 4ay occur Conditions to Avoid 1n a -tire. lymerization willNoloccur X NA CTION V - FIRE AND EXPLOSION HAZARD DATA sh Point (Method Used) NA - None by standard Flammable Limits NALet. NA IUeL NA in •rtiMui h g rlcdia lire: dry chemical, CO2, water spray or fpam. Large fire: Water spray, eclat Fire Fighting Procedures log or loam. ove containers from fire area if safely possible. sual Fire and Explosion Hazards Above 250OF material may sublime to irritating and orrosive vapor or mist. 59 DOT EMERGENCY RESPONSE GUIDE NO. MATERIAL SAFETY DATA SHEET MSDS NUe.1BER : M4820 O `Cj Diamond Shamrock EV` Q Chemicals Company MSDS DATE: 05-13-88 PRODUCT NAME: CAUSTIC SODA —BEADS KEYNOIoiwastrwj INC. 1 Ol Olive Strict 24 HOUR EMERGENCY PHONE: ( 2 14 ) 922-2700 P.0.Box 567 A"foFnrn_ls n2Tnx I. PRODUCT IDENTIFICATION 3 HEALTH HAZARD. 0 FIRE HAZARD. & 1 REACTIVITY rating based on NIOSH "Identification System for Occupationally Hazardous Materials" (1974) MANUFACTURER'S NAME AND ADDRESS: Diamond Shamrock Chemicals Company. Chlor-Alkali Division. 351 Phelps Court. P.O. Box 152300. Irving. Texas 75015-2300 CHEMICAL NAME: Sodium hydroxide CAS NUMBER: 1310-73-2 SYNONYMS/COMMON NAMES: Sodium Hydroxide -Dry 1 CHEMICAL FORMULA: NaOH DOT PROPER SHIPPING NAME: Caustic Soda. dry DOT HAZARD CLASS: Corrosive material• DOT I.D. NUMBER: UN1823 II. HAZARDOUS INGREDIENTS HAZARDOUS SUBSTANCE: R01000 MATERIAL OR COMPONENT HAZARD DATA 3 CAS NUMBER % Sodium Hydroxide PEL = 2 mg/m 1310-73-2 100 8 hr. T3WA TLV no 2 mg/m ceiling (See Section V) This material is listed in the TSCA Inventory. Not listed as carcinogenic by IARC. NTP. OSHA. ACGIH. 111. PHYSICAL DATA BOILING POINT @ 750 mm Ha: 13880C VAPOR DENSITY Air=1 : NA VAPOR PRESSURE: 42 mm Hg 0 10000C FREEZING POINT: 318-C (6040F) SPECIFIC GRAVITY (H2O=1): 2.13 0 20"C SOLUBILITY IN H2O % BY WT: Completely Soluble ".6 VOLATILES BY VOL.: Not Volatile APPEARANCE AND ODOR: Clear white solid with no distinct odor pH: 0.01 moles/liter has pH. 12.0 CAS a Chemical Abstract Service Number N/A a No relevant information loured or not available ►EL a OSHA Permissible Eaposuio limit NA a Not applicable TLV - TLVe. ACGIH Threshold Limit Value. Current Diamond Shamrock Chemicals Compsny -A subsidiary of Diamond Shamrock Corporation . This Material Safely Dais Sheol was prepared In accordance with 22 CFN I910.1200. Ail Information. recommendations and suggestions APPOaring herein Concerning out product are based upon tests and data believed to be reliable, however. It Is the uev/s responsibility to determine the lately. tonicity and suitablllty for his own we of the product described heroin. Since the actual use by ethers Is beyond our control. no susranise expressed or Implied Is made by Diamond Shamrock a$ to the effects of such use the results to be ebtsinid or the safely and tonicity of the product nor does Diamond Shamrock assume any liability aritleg out of use by ethers of the producl Werfed to herein. Nor is the lntOrmstlen botoln to be construed as absolutely complete since additional information may be necessary at desirable when particular or eacsptienat eon41110ns OI circumstances •gist VFW brC* . 4.et ♦e.ofrtiW %,vA 64, 6444wo.eal 14*%AjV nk rl- -' #99- 01- 017 MATERIAL SAFETY'DATA SHEET NPCA 1-84 , •' FOR COATINGS, RESINS,• AND RELATED MATERIALS REPLACES: NPCA 1-82 T-005 NEW ISSUE 5/16/86 CMANUFACTURER'S NAME NPCAMHaS EMERGENCY TELEPHONE NO. ,Ken -Inc Chemical Co., Inc. Health . 3„ POISON•1--800-652-92]1 P.0, Box 615. 47 Slade St, Flammability 3 CHE!,;J C 1-800-�124-9300 Fall Rived Mass. 02722 . Reactivity, ,. -- 0 ' DATE OF `PREPARATION' Personal Protection H . • INFORMATION TELEPHONE,:NO'.' yley •161986 1-6i" �672-6112� 674-4196 or ------------------1----------••----------`---•�----..--r------a--^------ .------- • SECTION I -• PRODUCT •IDENTIFICATION • • .. : ';• ----------------------------------------------------------------------------- PRODUCT.. NUMBER , ..:. -PRODUCT. NAME AA rpm g� LACQIIER.* PRODUCT CLASS 'Solvent-mixed..Lac uer;Thion© "` •" •---------------------------- ------------ x---J---------r----------•--'--------'--- SECTION II - HAZARDOUS INGREDIENTS -----------------------------------------------------------------------� INGREDIENT CAS NUMBER PERCENT OCCUPATIONAL VAPOR EXPOSURE LIMITS.. •�.rr PRESSUR r �: _. ::. .. .:, t: :: il.:::') .,.. - : r' '; TLV PEL 0 20° C • -r '• .,:, ;•....,—....., .L'.'.':::::IJ(.J:,t:rL .,rlr: L x• a l., .. f •r C r .ro. :V lIJ ! C t) ,Z Tolucno • (Toluoi) .. ,. �c.,108=88'-jrr.:.y o L,:rL`r..da Sc rc , J.� �ppa- r, �.41 QOpJ;?� ... _., :.,r . c.'• . c . , .. ......, : 113thsnol M3tbyl`rAYeohol) :J 67-56-1J. _•(:'V ';Ci .:.'iTrrdoJ' Socixt_�' 200ppm �PI�' •'_ ...96 SkIn Illopropy1 1L1oohoT:�•, .; :.al 67-63-0• J'm)Tr:.do Seerat 40Qppm //{00{] • •;ti c,: _ (Isoprapandl •S..c '.:{ �vv' _ ... .: e li . _ a'r::; l.� Mathyl;£ti>,yi ,$otone--78-93-3• • •• Trr40:$44rot-'200pi= . - 200pj= •74VA _ . _ . _ .....? J.Y. ' T,rII.9, PBOD�TCT ,I.S A, t SDCiM P1 tMINa'27MMIwbE7EMMUTION BY- 2M .' .. .'c:_a:., a all, M0SACHUSEITS CW.LUSSIOIM 'OF•PUBI= J••:: r:J s::L} ": !. •';:;•fir (• •i i1rPlU'.i . :s:; c -im • • • . •.•...: SECTI9.N III -''•PHYSICAL: DATA —j— .. :----------------------- `' • 2tGHTERZTHAH•,AiRBOILING 148•-3 EVAPORXTYO `RATEt'"FASTER!x'' SLOWER --THAN"tETHER t_t-%•r..VQLA.T-,LE 'VOLUME =.IOC% WT/GAL c 7.02 lba. �::'._.... o`L-ir:.:I!r..,•� +'.` 05 ICI ISSUE 5/16/86 t �: - 99-001-rn 1 + MATERIAL SAFETY DATA SIiEET NPCA 1-84 FOR COATINGS, RESINS 'I AND RELATED MATERIALS REPLACES NPCA 1-82 • R-003 NEW ISSUE 5/15/86 '7.,'3- MANUFACTURER'S NAME NPCA/HMIS EMERGENCY TELEPHONE NO. Kon-Luc Chemical Co., Inc. Health 3 POISON 1-800-652-9211 P.O. Box 6159 47 Slade St. Flammability 1 CiEm-lREC;1-8D0-424-93w Fall River, Yws.,02722 Reactivity 0 DATE OF PREPARATION Personal Protection H INFORMATION TELEPHONE NO. May 1986--1-617-672-6112 -or--6-1-7--6-7-4---41-9-6 ------ --- _------------------- - SECTION I - PRODUCT IDENTIFICATION PRODUCT NUMBER PRODUCT NAME* PAINT REMOVER # 5 PRODUCT CLASS Solvent -mixed Remover SECTION II - 1AZARDOUS INGREDIENTS ------------------------------------------------------------------------- INGREDIENT CAS NUMBER PERCENT OCCUPATIONAL VAPOR EXPOSURE LIMITS PRESSUR TLV PEL ® 20° C ------�` -- -----------------`--------------------------------ACCzIH---- Acetone 67-64-1 t Trade Secret 750pPm 1000ppm 181.0 Msthanol (Methyl Alcohol) 67-56-1 < 5.0 200ppm,'' 200ppin 96. skin-, Dichloromethane Trade Secret 100ppm 50OPPm 349. (Methylene Chloride) 75-09-2 * MUS PRODUCT IS A TRADE SECRET PENDING P111AL DETEMMIATION BY ME MASSACHUSETTS COI31IISSIONER OF PUBLIC BRAIIIH. ( < = less than) SECTION III - PHYSICAL DATA ---------=---------------------------------------------- --------------- BOILING RANGE 1040E- i48°F VAPOR DENSITY x HEAVIER LIGHTER THAN AIR EVAPORATION RATE FASTER xSLOWER THAN ETHER $ VOLATILE VOLUME _ % WT/GAL = 10. lbs. R-003 NEW ISSUE 5/15/86 , 1 I ATERIAL SAFETY DATA SHEET NPCA 1-84 99-001-002 FOR COATINGS,.RESINS, AND RELATED MATERIALS REPLACES NPCA 1-82 L-001 NEW 4/30/86 MANUFACTURER'S NAME N CAMM EMERGENCY TELEPHONE NO. Ken -Lao Chemical Co., Inc. Health 2 POISON 1-800-652-9211 P.o, Box 615, 47 Slade St, Flamaability 3 CHwzan EC 1-800._424-9300 Fall River, Mane, 02722 Rcaotivity 0 DATE OF PREPARATION Personal aPM1 30, 1986 H INFORMATION TELEPHONE NO. ---------------------------------- — -------------------------------------- 1-617-672-6112 or 617-674-4196 SECTION I - --------------------------------------------------------------- PRODUCT IDENTIFICATION .PRODUCT NUMBER I PRODUCT NAME --------- --- CLEAR LACQUER 15W ; cIM SATIN IACQUER #8; PRODUCT CLASS Collulone Nitrate Lacquer CLEAR SEMI -GLOSS LACQUER #8 SECTION II - HAZARDOUS INGREDIENTS --------------------------------------i---------------------------------- INGREDIENT CAS NUNIm PERCENT OCCUPATIONAL VAPOR, EXPOSURE LIMITS s qsU -------------------------------------------- T PQm -=- ---- ------ ML Est_ Collulono Nitrate uat w/3Q1; Inopropyl Aloohol* 9004-67-63-0 Trade Secret 400ppm* 400ppm* 33.# Toluene 108488-.3 C Trade See rot 100ppm 20Dppm 21.85 .3thyl L'tbvl Keteno 78-93-3 Trade Secret 200ppm 200ppm 77.5 Dibutyl Phthalate 87-74-2 Trade Secret 5 mg/m3 5 nm/03 Nil Xylene 1330720-7 Trade Secret 1 ooPIm 1 ooppm 9.5 Ethylone Glycol K=obutyl Ether .111 76-2 Trade Secret 25pIm, 5OPPm, Skin Skin T11T PRODUCT IS A `I* OE SECRET PENDING FINAL DETERDM&TION BY TILE 1 ASSACHUSELTS Coll-aSSIOIIrR OF PUBLIC HEALM. SECTION III = PHYSICAL DATA .i- - -- - - - - - - - - - - - - - - - - -- - - - -- - - - -- - - --. _ --- _ --------------------------- BOILING RANGE 1800 - &44OF VAPOR DENSITY x HEAVIER - LIGHTER THAN AIR EVAPORATION RATE FASTER X9LQWFR THAN ETHER $ VOLATILE VOLUME= 72% WT/GAL = 7,71 lbs. 0 I,--oot NEW ISSUE 4/3o/86. S' i 1-• 99-001-014 MATERIAL SAFETY DATA SHEET 14PCA 1-84 •' FOR COATINGS, RESINS, AND RELATED MATERIALS REPLACES NPCA 1-82 5-001 NEW ISSUE 5116186 MANUFACTURER'S NAME rPCA/H1M EMERGENCY.TELEPHONE NO. .Ken -Lac Chemical Co.p Inc. Health 2 POISON 1-800-652-9211 P.o, Box 615, 47 Slade St. Flammability 3 1--800-424-9300 Fall Rivor, 14aso.•02722 Reactivity 0 DATE OF PREPARATION Personal Protection H. INFORMATION'TELEPHONF NO. I May 16, 1986 1-617-672-6112-or 617-674-4196 --------- =------------------- SECTION I - PRODUCT IDENTIFICATION ------------------------------------------------------------------------------- PRODUCT NUMBER PRODUCT NAME SANDING SEALER* PRODUCT CLASS Cellulose IJitrate lacquer ------------r------------------------------------------ -----1 SECTION II - HAZARDOUS INGREDIENTS -------------------------------- INGREDIENT CAS NUMBER PERCENT OCCUPATIONAL VAPOR EXPOSURE LIMITS P&EOaSURE --- TLV PEL (� 2 CC --777--°---------r------------------------- 8�---------------- Collulose Nitrato •trat- w/ . 30% Isopropyl Alcohol# 900�{-67-63-0 Tra�io Soorot 400ppcaiE '.: : 4o0ppm* 33* Toluene (Toluol) 108-88-3*Trade Secret 100pFm 200ppm 21.86 b1lothyl Ethyl Ketone 78-93-3 *Trade Secret 200ppm 200ppm 77.5 Dibutyl Phthalate. 84-74-2 *Trade Secret 5 m9IM3 5 mg/MU Nil Xylona (Xylol) •1330-20-7 *Trade Secret 100ppm IOoppm 9.5 n-Butyl Alcohol (Butanol) 71-36-3 *Trade Secret 50PPmtskin 100ppm 5.5 - - Coiling * TM PRODUCT IS A TRADE SECRET PENDING FINAL DETERMINATION BY THE MASSACHUSETTS COMMISSIONER OF PUBLIC REAM* SECTION III - PHYSICAL DATA 1---------------------------------------------------------------------- BOILING RANGE 1750 - 286OF VAPOR DENSITY x HF.AVTFR LIGHTER THAN AIR EVAPORATION RATE FASTER Z SLOWER THAN ETHER % VOLATILE VOLUME = 70% WT/GAL = 7.79 lbs. 5-001 NEW ISSUE 5/16/86 ya Kcn-Lac Chemical Co., inc. E)j/,,.Otd COMPANY. USA P. 0. Box 615 A DIVISION OF EXXON CORPORATION Fall River, AIA 02722 627 SOLVENT Varnol 7r1 -DATE ISSUED" 4/10/66 MATERIAL SAFETY DATA SHEET F=JUL 3 0 1986 EXXON COMPANY.•U.S.A. P.O. BOX 2180 HOUSTON. TX 77252-2180 A. IDENTIFICATION AND EMERGENCY INFORMATION . PRODUCT NAVE PRODUCT CODE 627 SOLVENT OL #li 131031 - OOG27 .at CHEMICAL NAME CAS`' F,I MEW . Petroleum Solvent' . X-�8032-32-4:t; PRODUCT APPEARANCE AND ODOR Clear water -white liquid ' *•Mineral spirits odor EMERGENCY TELEPHONE NUMBER (713) 656-3424 B. COMPONENTS AND HAZARD INFORMATION COMPONENTS CAS NO. OF APPROXIMATE COMPONENTS CONCENTRATION .This product can be clofaned•hs: Mineral'. spirits•:+a V�8032_32-` 100% It consists predominantly of C7-C10 hydrocarbons. This product contains: C7-C10 saturated hydrocarbons Mixture Approximately 83% ;;Toluene'- 1"108=B8=31t Approximately 0.4% �XY>one?"+?iyri?+•, "4330°20-7 Approximately 0.8% Ethyltienzehe i.:e, 1pp-49=4~' Approximately 0.2% CB!..Aromatics­* Mixture• Approximately 14% See Section E for Health and Hazard Information HAZARDOUS MATERIALS IDENTIFICATION SYSTEM (FC4IS) Health Flaaaability Reactivity BASIS 1 2 0 Recommended by Exxon EXPOSURE LIMIT FOR TOTAL PRODUCT BASIS 100 ppm (570 mg/m3) for an Recommended by the American Conference of Governmental B-hour workday Industrial Hygienists (ACGIH) for Stoddard Solvent C. EMERGENCY AND FIRST AID PROCEDURES EYE CONTACT If splashed i-sto the eyes, flush with clear water for 15 minutes or until irritation subsides. If irritation persists, call a physician. SKIN CONTACT In case of skin contact, remove any contaminated clothing and wash skin thoroughly with soap and water. INHALATION If overcome by vapor, remove from exposure and call a physician,immediately. If breathing is irregular or has stopped, start resuscitation, administer oxygen, if available. 1141•01770AwHOD11 r3 1 -f h •� MATERIAL SAFETY DATA SHEET NPCA 1-.84 99-001-020 ��. FOR COATINGS, RESINS, AND RELATED MATERIALS REPLACES NPCA 1-82 T•-011 NEW ISSUE 6AI86 MANUFACTURER'S NAME NPCAM'11S EMERGENCY TELEPHONE NO. Ken -Lac Chemical Co., Inc. Health 3 POISON 1-800-652-9211 47 Slade St., P.O. Box 615 Flammability 3 cio4-mEc 1-800-424-9300 Fall River, blase. 02722 Reactivity 0 DATE OF PREPARATION Personal Protection H INFORMATION TELEPHONE NO. 1-617-672-6112 or 674-4196 June 4, 1956 SECTION I - PRODUCT IDENTIFICATIO ------------------ ----------------------------------------------------------- THINI`TER SP66 PRODUCT NUMBER PRODUCT NAME PRODUCT CLASS Solvent -mixed Lacquer Tbinner ---------------------------------------------------------------------------- SECTION II - HAZARDOUS INGREDIENTS ---------------------------------------------------------------- INGREDIENT CAS NUIiBER PERCENT OCCUPATIONAL VAPOR EXPOSURE LIMITS SRI 8DR TLV PEL C -----------------------------=------------------AMA----------�--- Acetone 67-64-1' Trade Secret ' 750P13m • 100Opga 181. N.ethanol (methyl Alcohol) - 67-56-1 Trade Secret 200ppm, •200ppm 96. Skin Toluene (Toluol) 108-88-3 Trade Secret IOOPPM 200ppm 21.86 * THIS PRODUCT IS A TRADE SECRET MIDING FINAL DETEMMLk.TION BY THE yASSA.CHUSET?rS CONC:SSIONER OF PUBLIC.BEA=& SECTION III PHYSICAL DATA -------------------- --------- ----------------------------------- - BOILING RANGE 1330 - 232OF VAPOR DENSITY x HEAVIER LIGHTER THAN AIR EVAPORATION RATE FASTER x SLOWER THAN ETHER % VOLATILE VOLUME = 100% WT/GAL = 6.79 lbs. !Coil NEW ISSUE 6/4/86 #99-001-•016 MATERIAL SAFETY DATA SHEET NPCA 1-84 FOR COATINGS, RESINS, AND RELATED MATERIALS _.... 'REPLACES. 14PCA 1-82 T-002A NEW ISSUE 5/16/86 MANUFACTURER'S NAME NPCAM41S EMERGENCY TELEPHONE 140. Ken -Lao Chemical Co•p•Ino• HQa3,th 2 ... POISON 1-800-652-9211 P.o, Box 615, 47 Slade Ste Flammability 3 CHEDi-nm 1-8DD-424--9300 FFallRRiven+WS 02722 Reactivity - o Poraonal-Protection H INFORMATION TELEPHONE NO. •�' DATE.•OF" PREPARATIOIJ' •' 1-617=672-6112 or 617-674-4196 May 16, • 198b L------------------------------- - --- --- ---------------------------------- SECTION I PRODUCT IDENTIFICATION -------- -------- -----------------------�-^--.ram,------------------ PRODUCT NUMBER :-PRODUCT NAME. STAIN 7754 • PRODUCT 'CLASS Solvent Based Stain ----------------------------------------------------------------------------- SECTION II - HAZARDOUS INGREDIENTS INGREDIENT CAS NUMBER PERCENT OCCUPATIONAL VAPOR EXPOSURE LIMITS PRESSURE TLV PEG 0 20° C ----------------.---- ---=--------------------- ----------�- '-- `TOLUENE ('I'OI 00 ; H Trado SeerQt THIS PRODUCT.S9 A'TRADE SECRET PENDING FINAL DETERMINATION BY THE MASSACHUSE'il'S•.COrZ.MWIONER OF PUBLIC HEAI I SECTION III PHYSICAL DATA --------------------------------------- BOILING RANGE 2310 - 232°F• VAPOR DENSITY X HEAVIER . LIGHTER THAN AIR EVAPORATION RATE FASTER x�sr,Ow R THAN ETHER $ VOLATILE VOLUME = 97% WT/GAL = 7.3 lba• • ` T-002A NSW ISSUE 5/16/86 IN O"T. -0 •VMNTv It • re 19 • tH 00 .4 All 51 / / V . t (32 se F T90 /p s1 �i Yte TH O 17e 9 .3o -19 J�v Y t9 yes OQ\ ri30 g T.T 1 1F r j4 S930 PO 15a7aa� ors *io �4v G Its V Y9e .IlS O.L yes P u o / s9 r OYSe TS, ,Tyts .Se .21 O\ QOvia O .26 O Q rta ra .29 I71 �P .La rIT a. is /rii vi+ n • o fl ..,. �y sr Y2J� Lf Y31 6 al YtlTel Q `I . ..n .2 .ts U T r2! Tea Y 7 'Oe r xo � . u Yet reo rse as � O:e soO O O re r39 .a• ' Y �9 2 aa _ r. �/•\ 9 0 o f \J .34 L 10 Ise V' • xe O.2 7{ res •aa >1 '' 12 \ to es ToT Its so .s9 r 9+n9t 3a NNe . J <F � 94BT. 9as.c-o PUkrJSEi N.Y. W] ASSU�aI_3 v_!ME iOw.4 GF Y.A -, I, 9so,Oco 2 J jAFd? OU`iH-_gHEZT_ 103 JowMtME*TO% jFISCAL YEAR 1983 aanrtvto uw wwTv^q r E40 TO: Forrest E. White, Building Inspector FROM: Engineering Department , ,,Pd SUBJ: John Notemyer Site - 3 Enterprise Road'(A.M. 82-X18) DATE: October 15, 1986 At the request of the owner, we reinspected the above site on Friday 10/10/86 and determined that the following work remains to be completed: 1. The buffers (20' in front and 10' on the sides) do not appear to be vegetated or covered with other organic material. The owners claim that they have planted grass, but it.is not evident to us. 2. Several 55 gallon drams and several engines are stored within the rear buffer. These should be removed. 3. Lines have been painted for 6 parking spaces. However, the spaces were not painted per plan. According to the attached plan, 7 parking spaces were to be painted. We request that you contact the owner at 775-8281 to review the above with him on site and come to an agreement as.to what must be done to complete the necessary site work. RPd/mc Attac"r%ent xc: Imo. John Notemyer 81 Plant Road Hyannis, MA 02601 LOT 17 :5" 0.6 57"1 Z Amle 07Z13 I V V 0--orj.- ROot:w Z�v i-Rb 10 "40 W14Y, op ;01 M4 9 to. Iz i< V L v V Z vGO�C �.OA ' b 4A = TXAAW 21 vro Adlt Z07 a rfb 1 'X 06 loop 'OP .00 ol j"Is Wl �7 RA p. Amu ��a : > a AAA 1 MEMORANDUM IN SUPPORT OF APPLICATION OF DUDLEY N. SCOTT AND BETH J. SCOTT TO YARMOUTH BOARD OF APPEALS APPEAL NO. 2372 Hearing Date: October 23, 1986 The petitioners have standing to bring this application before the Board pursuant to a Purchase and Sales Agreement between the present owners of the property, John P. Notemeyer and John P. Ellis, and themselves dated August 28, 1986, extended as to performance through November 24, 1986. This agreement is expressly subject and contingent, as set forth in Paragraph 30 (b) upon their ability to obtain all necessary permits from the Town of Yarmouth to conduct the type of business they are presently engaged in. This business is paint stripping and furniture refinishing, and according to Section 202.5 M31 Yarmouth Zoning Bylaw, is prohibited in the Industrial Zone without a variance. The property has a street address of 3 Enterprise Road, Yarmouth, Mass., and contains .33 acres. It is located north of the Mid Cape Highway and off of Summer Street, being the first street north of the Mid Cape Highway on the east side of Willow Street. The area in which this property is located is zoned Industrial and lies within a Zone of Contribution for Wells 1, 2 and 3 as shown on a map maintained by the Yarmouth Board of Health. These wells are located south of the Mid Cape Highway a distance of more than 1,000 feet from the subject property. Well No. 1 is not in service at the present time, due to a high sodium content. A hazardous waste study has been completed for this property, which has previously been used as an auto body shop. Included in this use was auto painting and a spray booth is presently located within the building on the property. A copy of this report is furnished to the Board. The findings of this report indicate that no hazardous condition presently exists on the property. Due to an administrative oversight, a Board of Health hearing to consider the proposed use, which had been scheduled for October 20, 1986 has had to be rescheduled for November 3, 1986. The applicants understand that any affirmative decision of the Board of Appeals in this ase st be subject to the approval of this use by the Board of s. Copies of the submission prepared for the Board of Health are also furnished to the Board for their further information and review. Due to the existence of the present building, together with the spray booth located therein, and also due to the location of the property within an area zoned Industrial but located within a Zone of Contribution established to protect the water quality of existing wells serving the Town of Yarmouth, this property qualifies for variance consideration. The proposed use would be completely self-contained in the building, with all waste and residue materials being transported r from the site to approved depository areas. No material would be discharged through any system in the building, other than the usual septic system required by the Board of Health. Due to the express prohibition of paint stripping in the relevant section of the Zoning By-law, the applicants will not be able to locate their business anywhere in the Town of Yarmouth without variance relief from this Board, and this location would appear to be a proper area for the conduct of such a business, judging from the surrounding area, and also based on the proximity of the property to the Mid Cape Highway. Therefor, it is contended that the provisions of Section 102.2.2 dealing with the powers of the Board of Appeals to grant variances may be properly applied in this case, in that variance conditions exist as noted above, a literal enforcement of the provisions of the bylaw would work a substantial hardship to the petitioners, and desireable relief can be granted without either substantial detriment to the public good or substantial derogation from the intent or purpose of the bylaw. Further, relief from the parking requirements as established by Section 301.5 of the Bylaw, which would require 12 parking spaces in accordance with the Massachusetts State Building Code (780 Code of Massachusetts Regulations/ Table 606) is requested to permit eight parking spaces as shown on the site plan submitted herein. This relief is requested based on the fact that petitioners' business is a low traffic generator, and that the normal parking load during operating hours would be expected to be one car for each of the three employees, and possibly two or three additional cars for customers. Further, the normal transaction does not involve a lengthy visit from a customer, but more normally consists of dropping off or picking up items needing service. For the reasons previously enumerated in the discussion of the requested use above, the property also qualifies for variance consideration with respect to a lessening of parking requirements. The petitioners would accept a decision which limited the lessened parking requirements to the particular business now proposed for the property. For these reasons, favorable consideration of this application is hereby requested, since the present circumstances offer Yarmouth the opportunity to gain a healthy business without adverse characteristics, and to locate it in a building and in an area which is vary appropriate for it.. Respectfully submitted, John F. Thibbitts Attorney for Petitioners 255 Main Street Hyannis, Mass. 02601 1 1 1 1 i 1 1 i 1 M.G.L. 21 E SITE ASSESSMENT REPORT For THE PROPERTY LOCATED AT 3 ENTERPRISE ROAD In YARMOUTHPORT, MASSACHUSETTS Prepared for: John's Restoration 81 Plant Road Hyannis, MA 02601 September 16, 1986 Project No. 70691 I 1 1 F— J u IJl 1 1 R-0I ML a .. 400 Hingham Street, Rockland, MA 02370 ► Telephone (617) 871-6040 September 16, 1986 Project No. 70691 John's Restoration 81 Plant Road Hyannis, Massachusetts Attention: Mr. John Notemeyer RE: M.G.L. 21E Site Assessment Report For The Property Located At 3 Enterprise Road Yarmouthport, Massachusetts Dear Mr. Notemeyer: We are pleased to submit four (4) copies of our M.G.L. 21 E Site Assessment Report for the above referenced project. The work described herein was undertaken in accordance with your authorization dated August 26, 1986 of our proposal P86.390.0. Thank you for engaging our services for this project. We will be pleased to provide you with any further consultation you desire. If you have any questions, please do not hesitate to call us. Very truly yours, BRIGGS ASSOCIATES, INC. Kevin J. avanaugh Geotechnical Engi e� Charles H. Gross, P.E. Assistant Vice President Manager, Geotechnical Division KJK:CHG:cc Attachments or c CHARLES H. GROSS w .o No.29231 0 90 CIS EVL + �•rSlnuet EN 1 1 1 1 [1 1 1 1 1 [1 TABLE OF CONTENTS 1.0 GENERAL 1.1 Authorization 1.2 Purpose of Investigation 1.3 Scope of Work 2.0 SITE DESCRIPTION 2.1 Location 2.2 Surficial Characteristics 2.3 Vegetation 2.4 Abutting Properties 2.5 Site History 3.0 RESEARCH INVESTIGATIONS 3.1 D.E.Q.E. Lakeville, MA 3.2 Board of Health, Yarmouth, MA 3.3 .Fire Prevention Department, Yarmouth, MA 4.0 UNDERGROUND FUEL STORAGE TANK REMOVAL 5.0 LABORATORY INVESTIGATIONS 5.1 Sampling Procedures 5.2 Laboratory Testing 6.0 FINDINGS AND CONCLUSIONS Figure 1 - Site Location Plan Figure 2 - Lot Location Plan Appendix A - Site Photographs Appendix B - Analytical Test Results 1 1.0 GENERAL 1.1 Authorization In accordance with your approval of our Proposal P86.390.0, dated August 21,1986, we have undertaken and completed an environmental site investigation and chemical analysis report for the property located at 3 Enterprise Road in Yarmouthport, Massachusetts. A site location plan is included as Figure 1 and a lot location plan as Figure 2 to this report. •• . -mire •I The purpose of this study was to determine the existence any possible violations of Massachusetts General Law 21 E (M.G.L. 21 E) for the mortgagor, lender and title insurance company for the above referenced site. 1.3 Scope of Work The following services were performed to accomplish the required task: a. Visual inspection by our Geotechnical Engineer of the removal of the underground fuel storage tank. b. Obtained soil samples in the field from the tank excavation for laboratory testing. c. Performed analytical tests in our laboratory on the soil samples to determine concentrations of total petroleum distillates and total hydrocarbons. d. Researched the site history and abutting properties with the Town and State Agencies to evaluate the past and present environmental site conditions. e. Submitted this report of our findings, conclusions, and recommendations. Page 1 I 2.0 SITE DESCRIPTION 2.1 Location The site is located on Parcel 82-18 at 3 Enterprise Road in Yarmouthport, ' Massachusetts. 2.2 Surficial Characte The site area is approximately 14,313 sq. ft. in size and is the location of a 2480 sq. ft. steel building which is the present location of an auto body shop. The remainder of the property is comprised of a paved parking lot, paved driveway access and grass covered area. The 2000 gallon underground gasoline storage tank is located in the southeastern portion of ' the property. This tank was removed on August 26, 1986 with the gas pump still remaining on the site adjacent to the tank location. There is an above ground propane tank located in the rear of the building to the west. There ' were no signs of any surface spills, although there were three empty 55 gallon drums of petroleum product that were rain filled. There were also ' two engine blocks discarded on the property. Photographs of the site were taken on August 26, 1986 and are included in Appendix A to this report. ' 2.3 Vegetation The existing vegetation in the perimeter of the site area is mainly ' scrublike in nature. Much small scale flora were observed along the chainlink fence along the western border of the property. All vegetation is ' in good condition showing no signs of environmental stress. 1 ' Page 2 . 2.4 Abutting Properties a. Parcel 82-17, located along the southern border of the property, is 0.22 acres in size and is the present location of Cape Cod Ambulance Services. The present owner is Andrew W. Pitman. ' b. Parcel 82-30, located across Enterprise Road to the east, is 5.75 acres in size. It is the currently a vacant lot. ' c. Parcel 82-1, located across the intersection of Enterprise Road and Corporation current location of B Road, is 0.30 acres in size. It is the & M Engineering. The present owner is Bruce MacDonald. ' d. Parcel 82-4. located along the western border of the ' property is 3.90 acres in size. The lot is the location of Gold Star Nursery. The is Arthur the present owner Gaklis. 2.5 Site History The ownership of the site as recorded' in the Town of Yarmouth Assessor's ' Office is John M. Notemeyer since 1982. Prior ownership is listed below as recorded at the Registry of Deeds in Barnstable, Massachusetts. OWNER J. Albert and Bertha C. Bassett DATE$ 1973-1982 (Trustees of AI -Bert Trust number one) Paul T. and Dorothy D. McCusker 1970-1973 Arthur J. Welch 1958-1970 ' Joseph H.Beecher 1958 (Trustee in Bankrupcy) ' William H. Baker 1949-1958 ' Nathan T. Hallett 1907-1949 Warren J. Thacher Before 1907 Page 3 3.0 RESEARCH INVESTIGATIONS 1 3.1 D.E.Q.E. Lakeville. MA ' Research of the Lakeville D.E.Q.E. files referenced no violations in conjunction with the property located at 3 Enterprise Road or any of the neighboring properties. 3.2 Town Board of Health. Yarmouth, MA Terence M. Hayes, Assistant Health Agent of the Yarmouth Board of Health disclosed to Briggs Associates, Inc. on September 5, 1986, that there were ' no past or present concerns with environmental hazards regarding the site area recorded at his office. ' Mr. Hayes also noted that there have been no recorded violations regarding the abutting properties of site area. ' 3.3 Fire Prevention Department, Yarmouth, MA ' Discussions between Lt. Deputy Chief Peter Raiskio of the Yarmouth Fire Prevention Department and Briggs Associates, Inc. on August 26, 1986 ' disclosed that there are no recorded problems past or present concerning environmental health hazards. ' Further discussions with Lt. Raiskio revealed that the removal of the 2,000 gallon underground gasoline storage tank on August 26, 1986 was in ' accordance with the standards and no problems were noted. Lt. Raiskio was present at the removal along with Mr. Kevin J. Kavanaugh, Geotechnical Engineer of Briggs Associates, Inc. The tank was installed in 1975. A visual inspection of the 2,000 gallon ' underground tank revealed no apparent leaks or spills. Page 4 1 4.0 UNDERGROUND FUEL STORAGE TANK REMOVAL The 2000 gallon underground gasoline storage tank, which is located in the ' southeastern corner of the property, was removed on August 26, 1986. The tank was removed by Zecco, Inc. of Northborough, Massachusetts. ' The tank removal was inspected by Mr. Kevin J. Kavanaugh, Geotechnical Engineer of Briggs Associates, along with Lt. Deputy Chief Peter Raiskin of the Yarmouth Fire Prevention Department. Both Mr. Kavanaugh and Lt. Raiskin concurred that the tank was in good condition and showed no signs of leaking. ' The tank was packed with dry ice and transported off the site by Zecco, ' Inc. Inspection and sampling of the excavation by Mr. Kavanaugh was made ' after the tank had been excavated and secured. Refer to Appendix A for photographs of the tank removal operations. Page 5 ' 5.0 LABORATORY INVESTIGATIONS ' 5.1 Sampling Procedures ' All samples were taken in the field by Mr. Kevin J. Kavanaugh on August 26, 1986. The samples were brought to Briggs Laboratory for testing within ' 12 hours and were kept refrigerated during the transfer period. Soil samples were placed in pre -washed eight once jars and capped immediately to prevent loss of organic compounds or oxidation. ' Both soil samples numbered one (1) and two (2) were obtained from ' beneath the excavated underground gasoline storage tank. Samples were taken approximately one foot beneath existing soil. ' 5.2 Analytical Testing ' The soil samples were analyzed by infrared analysis in the laboratory according to protocols developed by The National Institute of Occupational Safety and Health (NIOSH). The following is a summary of the analytical method used for infrared analysis. Air samples were taken with a direct reading MIRAN 1 B Portable Ambient Air Analyzer. The MIRAN 1 B is a portable, microprocessor controlled single beam spectrometer used to measure concentrations of gases or ' vapors in ambient air. Infrared energy is emitted from a nichrome wire source through a light pipe assembly. The light is then directed to the filter wheel that allows energy at. the selected wavelength to pass through ' into the gas cell. ' The sample is drawn into the cell by the integral air pump at a rate of 25 to 30 liters per minute (Ipm) and absorbs infrared energy from the beam. The amount of absorbtion is measured by the detector, amplified and ' converted to concentration units by the electronics and transmitted to the display. The amount of infrared radiation absorbed by a single sample is directly related to the concentrations of the sample according to Beer's ' Law (A - a x b x c) where A is absorbance, a is absorbtivity constant, b is the pathlength, and c is the concentration. The MIRAN 1 B also ' incorporates a curve correction term to correct for any deviations from Beer's Law. t Page 6 I ' 6.0 FINDINGS AND CONCLUSIONS There are no records of hazardous waste violations on the site or the tsurrounding area based on information obtained from the Town of Yarmouth Board of Health and Fire Prevention Department and the D.E.Q.E. in ' Lakeville, Massachusetts and our site visit. No evidence of unreported hazardous waste materials was found during our site visit. ' Insignificant levels of total hydrocarbons and petroleum distillates were found in the soil samples based on the analytical test results utilizing the ' MIRAN 113. All concentrations were well within acceptable limits. Analytical test results are included in Appendix B to this report. ' There .does not appear to be any direct evidence of hazardous waste contamination on the site and, in our opinion, the site should be considered ' "environmentally acceptable". Our visual investigation and analytical testing of the site was sufficient to find no environmental reservations. In summation, there appears to be no hazardous waste contamination on the site. Site conditions do not warrant additional surface or subsurface sampling or chemical testing of the soil, and water at this time. This opinion is based on professional expertise, research, and our visual site inspection; no other warranty or guarantee is implied herein. 1 1 1 Page 7 4J?WSTABLE I fi 1 Tldal Hot�•��\ i w - °e Cr oLfight ✓,Short .._` PC i :. •:,j•. :, j�/ 7i/"-"Mil ...'\ , y - -�s1 ` �4. G1OMMEROI '�,' '. 1 z' ^ n t L 1�'' ,•. 1�' _ P �O I_f Z•\ f"'�. \� ��0�� f SIN��!•,. . 1 v:V 4.�, � \�Q.>'� /i v _�� t � �'Y tj� J �j Y. � � •: Pond � •.� p/� ` _ C n _I' (Y �. ,�,,-� .� f' l r siF •. .�? s• '� � \\ -- y �•2 �Hal�r{i � •• t� -', Q • l�1! ._[♦ a.. 1 0' . : t.. y V ; a -a O.-.•\.. lei, e• . �.','p�_� 0 • S t . Y °ram C i•M�.:':Criek ,r' ,• Y. p %� a ���/° s OY .„ M1 -SITE •�K;..� �%",: •ys h4sDIt � i ai�.0 7`'M � ,av " . F v (✓ `•' u~ � v � � Y$iUlOUcdl,titri Pond:' �f F 'J�y'�lr 'b,•�� v',`i ^ Y / �Pss �. _. 4 T;. % :•' t` �. '* w ao _. Ur i�, 7.-� J_ Y l% t"C, p , � ' J Oo t% ✓ o- 0,' ) r' J .\D 1307 a7 '� ��•.�{Y '� .C"_ a�Z%�\K.- •lr `- �'°..:e�i Y SITE IACATICN PLAN 3 Enterprise Rd. $ , o �'� �` ci Yarmouthport, MA IA / -„ BRIGGS ! '�' _ V.� � KOIMw/.rnlww, llMYyw.ww a■■■0 - T.�M.w lalll a)I�Oaa -'*�• �� ?' it DR. BY: KJK SCALE: --- JPROD. NO.70691 nd c•� , CKYD BY: CHG DATE: 9 4 66 FIG. NO. 1 --- 1 - ' V R AN go ..a :: 93 .. 1 a. A$ J 1.08 ' Its J ; „ Mt TOWNSITE . or TAarOM M s .N 1 i Ta .a0 t. Sa Aa 1 ' —�--� ii is CORppMNT< Iip710N ROAD a30 ' LIS To 48 c as .70 M aN y k/ Y16 alb TI Lao WILLOW 'STREET INTE LOT LOCATION PLAN 3 Enterrpprise Road Yannouthport, MA E3RIGGS ' •00 Nuy.-w A... 11rw,YAO]a)0 � T•I�I.w 101)la)I�WO DR. BY: KJK SCALE: --- PROD. NO. 70691 CK'D BY: CHG DATE: 9/8/86 IFIG. NO. 2 TO•Y YICIIpI1lY i aN01N]]111M0 auhLT, O.G VIEW OF EXISTING BUILDING AND LOCATION OF TANK EXCAVATION 1 VIEW OF THE TANK EXCAVATION r� t VIEW OF UNDERGROUND 1 TANK ON TRUCK 1 1 VIEW OF TANK EXCAVATION t 1 1 . ' VIEW OF 55 GALLON ' DRUMS IN THE VEGETATION 1 _ I 1 ' APPENDIX B ' ANALYTICAL TEST RESULTS 1 r 1 I I I I I I Table tu• l rm;=iMmin'l. Project Name: John's Restoration Yarmouth, MA Briggs Project Number: 70,691 Date Analyzed: August 29, 1986 Sample Number Description 1 Soil 2 Soil a Concentration (ppm) Tot.Hydro. Pet, Dist, Notes 0.1 0.1 --- N.D. N.D. --- Analysis was performed with a MIRAN 1 B Portable Ambient Air Analyzer, manufactured by The Foxboro Company, for total hydrocarbons, petroleum distillates, or other compounds as listed. ppm - parts per million N.D. - Not Detected n IL ' Appendix A ' The air samples were taken with a direct reading MIRAN 1 B Portable Ambient Air Analyzer. The MIRAN 1 B is a portable, microprocessor ' controlled single beam spectrometer used to measure concentrations of gases or vapors in ambient air. Infrared energy is emitted from a nichrome wire source through a light pipe assembly. The light is then directed to the filter wheel that allows energy at the selected wavelength to pass through into the gas cell. The sample is drawn into the cell by the integral air pump at a rate of 25 to 30 liters per minute (Ipm). The sample absorbs infrared energy from the beam, and the amount of absorption is ' measured by the detector, amplified and converted to concentration units by the electronics, and transmitted to the display. The amount of infrared radiation absorbed by a sample is directly related to the concentration of ' the sample according to Beer's Law (A = a x b x c) where A is absorbance, a is the absorbtivity constant, b is the pathlength, and c is the concentration. The MIRAN 1 B also incorporates a curve correction term to correct for any deviations from Beer's Law. .1 TOZ OF YAPNiOUTH AlTF.%L #2372 hATE: 10/13/86 PETITIONER: Dudley & Beth Scott The chairman called the meeting to order and read the petition. All the abuttors were notified and the necessary correspondence was made in The Register. Mr. John Tibbits representing the petitioners Mr. & Mrs. Scott. Mr. Tibbits submitted much information in reference to this project. Ore being a report from Briggs Associates, Inc. Kevin J. Kavanaugh, Geotechnical Engineer, another being a Hazardous materials list stating the use of Paint, Varnishes, Stains, Dyes, Thinners, Paint & Varnish Removers, Strippers, Paint Brush Cleaners and Floor and Furniture Strippers. This is a use t-.at cannot be perr_it'ed in the Town of Yarmouth without a use variance. The applicant presently runs a business exactly like this on Bearse's Way, Hyannis. It is called Dip & Strip. Mr. Scott sat with 'Mr. Tibbits to answere any technical questions the Board may have. The key issue here is whether there will be any adverse effect on the neighborhood also we are in the zone of contribution for the wellfields. This business is completely selfcontained. There will be no emission of the residues or waste products into the subsurface, whatsoever. All of the residues will be -put in drums or other containers and would be removed periodically from the property, by licensed haulers, people licensed by the state. This buiiness is highly controlled because recognized as a hazards business. Mr. Scott is interested in running a very clean and very safe business and I think if this Board wished to check with the Board of Health in Barnstable you would find that they did not have a proplem. As far a variance characteristics I submit. that the Board has the right to consider the shape of the property, it's location is in an Industrial Zone, in fact the building on the property already suited for this use because of the spray booth. We further submit that given that it is self contained, the area in •hichjis located in Industrial, is and — this could be granted without substantial detriment or deregation to the intent and purpose,of the by-law. The other area in which relief is sought is the parking regulations. According to the building code for this use the size of the building requires 12 parking spaces. Because of the type of use that he has, this is a low intensity use he has himself and two other employees who work on the property. The normal use is to drop off and pick up not involving extended stay. I would no inticipate more than two or three additional cars and any given point in time. I would be :'ery pleased to have any relief from the parking to be conditional to this use., Mr. Tibbits also furnished the Board with a hazards waste study which concludes that this )roperty is enViromentally acceptable and would have no adverse effects from the previous use made to the property. We -were to appear before the Board of Health this Monday, but we were nd on the agenda, due -to an adminstrative problem. We are now on the agenda for November 3, 1986. We realize that we have to be conditioned with a favorable action from the Board of Health, and certainly except that. Mr Henderson summarized the correspondence in the file: Board of Health, requesting information on the chemicals used; memo.from Mr. Martin of the Planniig Board only if the Board of Health and Water Department believe that the proposed use would have no adverse water quality or environmental impacts. 1.6 l #2372 con't 2 - Board of Health, with the recomendation that. the, Board include insurance that the operation will not be hazardous nor.harmf.ul to -the town's surface ground water quality. Also a memo from Engineering dealing with what they. observed on the site. (all letters on file ) Mr. Campbell - How long have you operated this business, in Hyannis? Mr. Scott - 15 years. Mr. Campbell - known as Dip b Strip? Mr. Scott - Yes. When you move into a building like this you can buy all the new technology that exists. Mr. Campell - But it will be same type of business? Mr. Scott - Yes, it is furniture stripping and refinishing. Stripping is a very small part of it. The refinish ng is basicaly what we do, you have to strip it before you refinish. Mr. CAmpbell - How many people do you employ at this site? Mr. Scott - In the summer maybe more than one.. Mrs. Sullivan - Do you have any response to the fact that there was no vegetation as required? Mr. Scott - The drums are gone, the present owner is doing all that. Mrs. Sullivan .-.Then you don't already. own it? IIr. Scott - No, that is part of the sales and purchase agreement. All those things must be gene. Mr. Henderson - Mr. Tibbits you said this was a use Variance? Mr. Tibbits - That is correct. Mr. Henderson - In the bylaw, page 19, with respect to certain uses, footnote 9 which the Water Quality people have called to our attention resently, deals with demonstration that there will be no harm to surface ground water quality. I would like -to hear a little bit more about that. Mr. Tibbits - As I indicated this is a totally self contained operation. What that means is that you can be assured that there could not be any water. contamination. They wear special clothing when they do this, it is in a special area of the building which is shut off and they store the materials in a special building whichreither steel or concrete block. ..Its a fire proof building and it exceeds the State Code. It more than meets the total.requirements for the storage of this type of material. If you would like something more specific I suggest that you refer to the material which has been submitted to you. .Mr. Scott - The main thing is that there is no drainage allowed at all. No water is going to leave and nothing will be going into the........ off premises or into the septic system at all. These are all systems that are self contained. When you strip something the sediment stays in the tank and goes to the bottom of the tank. It is then taken away by a professional remover. The outside of the building is going to stay exactly as it is and there is going to be no drainage at all. There is almost no water used the water is reused when stripping. yr. Magnuson— What can you point to for a hardship for a variance? Mr. Tibbits - The hardship is essentialy that unless the Board chooses to grant this variance it would be impossible for him to located his business anywhere in the Town of Yarmouth. #2373 - con't - •3 - In reguard to this location, the shape of the lot is a bit different from the other lots in the area, it is in an Industrial Zone and yet it is in a zone of contribution, and those two factors together might give the Board the authority to consider,the.'.variance conditions had been met, further based on the showing that had been made here, this is a'safe business that would be an asset to the area. This building is close to'the Mid -Cape Highway and not near any residential area. I realy don't see where this would be a substantial derogation of the intent and purpose -of the by-law. r Mr. Lindquist - I have problems with the.......... would you please explain to me how your operation works? Particularly the stripping operation. Mr. Scott - You start with a piece of furniture. The different finishes are broken by different chemicals. Yo4 ifferent tanks, each tank has a different chemical in it and the furniture goes in one tank or in several tanks. The sediments settle to the bottom of the tanks of chemicals and it goes through each tank and it's rinsed off with a power wash off system and its up on this big platform. It then goes through a filtration and then to a corner where it goes through a pumping system and through a filtration tank and then comes back out into the power wash off. That is what is used to wash the items off. The water is re -used. When the water is re -used the water in the filtration tank does get dirty or discolored but the hot tank burns about 6" of water a week and the water is dumped back into the hot tank. All it is is chemicals and it easy to shoval the sediments out of the bottom of the tank. It goes into drums and when the drums are full they are shipped away. With all these papers you would think its a massive operation, but it isn't. We only produce about 2 drums a year of this sediment. The Town of Hyannis approves it now, I would prefere to be in the Town of Yarmouth, where I am I don't own the building and I'm not going to exist.,for ever,.there and this happens to be a good building, and a good location for r..y business but I will eventually be forced out of business if I cannot get a Town like Yarmouth to grant me a Variance. I set it up as best I can to sho., how safe it is to the Town. The Town of Hyannis allows the water but I wasn't even interested in applying. That is why I bought the filtration system. Mr. Lindquist - There seems to be some pretty dangerous material here. Mr. Scott - In very small quantites. The total materials you see there would fit on top of this table. The solutions are very mild. Mr. Lindquist - Dichlromethane is mild? Mr. Scott - If you take Dichlromethane and you have just a little drum of just.it, it's rather potent but if you mix it in small little quantities as it is in these various ..... it is no different than if you were to buy a gallon of hand stripper. Which is very dangerous to have in the community. You have people selling them in paint stores and then taking them all over Cap Cod. To me it rakes much more sense it's dangerous to the people using it, it's dangerous because people through it away in the dump. You will get alot more chemicals in the dump that way. This type of business is very usefuil for the community. Mr. Lindquist - I recognize a goodly number of the chemicals used as being extremely dangerous. My concern is,.how do you control spillage so that in no way any of this could get into the aquifer. Mr. Scott - The main or most of the chemicals you are looking at actually chemicals that are in the refinishing part of it. They are little gallons. Mr. Lindquist - Ethylene Glycol is used in refinishing? Mr. Scott - I'm not a chemist. What sheet are you on? Mr. Lindquist - My main concern is, how can this Board be assured that none of this will ever under any circur..stansc get into the ground? 4 • - #2372 con't Mr. Scott - One of the,reasons the,building.,is a little bit over priced., is that one of its fea61res is that it has a cinder block spray booth, that will not. -be a refinishing room,that room is now set up for cars and it,is so.big i,t.,totaly contains my.whole stripping operation and the operation.is designed.so that its going to -have a lip made of cinder block on three side it will also have the other wall be complete instead of a,garage door it will have a small door. And it will have a lip that will be made into it . .What it.does.is to create a chemical storage thing., If every single tank raptured the cubic footage of that room can contain all of them dumped in there all at once. As for refinishing usualy they are one gallon can and I use it up. These products are totaly usdd up. Mr. Henderson - to audience and anyone whisking to speak on this appeal. There were none. Would you like to add anything to this. Mr. Tibbits - No,I think the Board understands the situation. TAKEN UNDERADVISEMENT LATER 10/23/36 Mr. Henderson - We couldn't find a use variance for the property across from Dennis Pond I Idon't know how we can find a use variance for this lot. I don't dou, the mans good intentions but I don't see any reason for us to bend the zoning bylaw to give relief in a situation like that where he is using some pretty strong chemicals and could possibly.get into the ground water. That piece of land is no different than any -other -piece of land in that zoning district. Mr. Magnuson - The fact of the matter is that the zoning bylaw excepts that stripping from permitted uses. Mr. Henderson - And it tells us in an Industrial Zone on a special permit to look at the water quality. Mr. Campbell - Is it allowed in any district? Mr. Magnuson - Not allowed in the Town at all. They claim that is the hardship. Mr. Campbell - I don't see the line of reasoning, it is all self contained. I see less environmen impact on a business like that then the auto painting. Mr. Magnuson - Maybe so but the Town has made a judgement that they don't want this type of business in the Town. .A gas station is suppose to be self-contained also but somehow gas leaks away, at least in theory: I don't see.whether the criteria under the statute of the bylaw is satisfied by his claim of hardship. There is no hardship at all if that is the intent of the bylaw for that side of Town. Mr. Campbell - But is it?. That is my question. Mr. Magnuson - Under permitted uses it says furniture refines:ting except for paint stripping. Mr. Linequist - And for good reason, I might say because the materials that they use are mighty dangerous, and I don't think it would take very much of it to get into the aquifir to cause trouble. Mr. Henderson - There realy isn't any hardship. It might well derogate from the intent of the bylaw. And I don't think we should just bump it over to the Board of Health. . ,✓ - S - #2372 con't Mr. -Lindquist - move to be denied. Mr'. Magnuson - Second. �Mr. Lindquist - The bylaw clearly says except paint stripping. If this is what the Town voted that is what they wanted. Mr. Henderson - I don't think there is any hardship. CARRIED UNANIOUSLY DENIED I