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HomeMy WebLinkAboutDecision 2431TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk; ., Petitioner: Robert J. White lb 37 Pond View Ave. Chatham, MA 02633 '87 M1 —1 Al1:28 OWHpE�ISIONUTH ` TOWN CLEK & IhEASUilij, The petitioner requested from the Board a special permit to Paint Shop, as well as a variance from the requirements for parking spaces. Hearing Date: 5/14/87 Petition No: 2431 operate an Auto Body and 13 parking spaces to 7 Members of Board of Appeals present: David Oman, Fritz Lindquist, Leslie Campbell, Donald Henderson, Thomas George. 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 4/30/87 and 5/7/87, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Attorney Shirley Sylva; Mr. Robert White. The following appeared in opposition: none REASON FOR DECISION: On motion duly made and seconded the Board unanimously voted to grant a special permit to operate an Auto Body and Paint Shop as well as a variance from the requirements for 13 parking spaces to 7 parking spaces. Said special permit to be subject to the following terms and conditions: 1. A floor plan must be submitted. 2. Berm all exit ways and doors, to contain any interior spills. 3. Berm on spray booth doors. 4. Supply proper ventilation in main shop and/or an air purification system. 5. Keep outside washing of autos to a minimum, using only water (no soap). 6. Containment area inside be of sufficient size to contain all chemicals in cabinet or drums. 7.. Storage of Hazardous Materials, at any one time, not to exceed containment area. 8. The licensed Hazardous Waste Co., must be filed with the Board of Health. 9. The hot water tank must be installed. 10. No engine repair on site. 11. Limited to two employees only. 12. For any interior spill, Speedy Dry, must be used and disposed in proper manner by a licensed Hazardous Waste handler. 13. Empty containers must be recycled or disposed of through an approved waste management facility. 14. Interior existing floor drains to be sealed. 15. A certificate of insurance in the amount of $1,000,000. be provided to cover any damage from contamination of the water table by hazardous materials used on site. Members of the Board voting: David Oman, Fritz Lindquist, Leslie Campbell, Donald Henderson, Thomas George. Fritz Lindquist Clerk THE COMMONWEALTH OF MASSACHUSETTS •. City or -Town BOARD OF APPEALS Date: June 22 , 19 87 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of yAR-=H hereby certifies that a Variance or Special Permit has been granted To Robert White Address 37 Pond View Ave. City or Town Chatham. MA 02633 affecting the rights of the owner with respect to land or buildings at And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and.indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certifi tlj h fee for such recor- ding or registering shall be paid by the owner or applicant. , Chairman Donald Henderson Clerk FORM 1094 HOBBS&WARREN. INC...[vi.[o 1978 TOWN OF YARMOUTH BOARD OF APPEALS Centerville.IWNER: NAME: John M. Notemever ADDRESS: 678 skunknet Road ul 02632 PETITIONER: NAME: Robert J. White ADDRESS: 37 Pond View Ave. Chatham. MA 02633 APPEALS A "W. 3 1 HEARING PAID:f?'�p� DATE:_S-14- 8:9 This application is for the property and/or structure located at: 3 Enterprise Road., Yarmouth, being Map 82 Parcel X18 Including Assessor's Map # 3 Parcel # I, XK, hereby appeal from decision of the Building Inspector to grant per i a t your Board for a public hearing on this action. 6 ra Date refused Ttilding Inspector it laic, hereby request the action checked below: 1. APPLICATION for SPECIAL PERMIT under Section (s) 202.5 of the Yarmouth Zoning By -Law and/or for a use authorized in the "Use Regulation Schedule" Section (s)L-4 to allow: Operation of an Auto Body Shop and Paint Shop ( * also footnote #9.) 2. PETITION for VARIANCE from the terms of the Yarmouth Zoning By -Law to allow: as well as a variance from the reauirements for 13 parking spaces to 7 parking spaces In order to grant petition, a variance of Section (a) necessary. of the By -Law is A list of abutters vAhin,3.00 feet of the perimeter of the property, as shown on the most recen Assessor's Maps; is attached. p j 23 M L 1- n 1-- RECEIVED BY N•OWN CLERK Applicant's Signature Copies of the Rules and Regulations of the Board and a general information sheet are available from the Board's secretary. TOWN OF YARMOUTH WATER DEPARTMENT 102 UNION STREET YARMOUTH PORT, MASS. 02675 WATER COMMISSIONERS THE BOARD OF WATER COMMISSIONERS MEETS EVERY MONDAY F REOERICK J. THACHER AT 7.30 P.M. AT UNION STREET OFFICE THOMAS E. KELLEY MARK S. GALKOWSKI - SUPERINTENDENT PAUL WILSON MEMO TO: Yarmouth Board of Appeals FROM: Paul A. Wilson, Superintendent � ,P a. SUBJECT: Body Shop, 3 Enterprise Road DATE: April 7, 1987 This memo is to advise your Board that Attorney Shirley J. Sylva, representing the petitioners to operate a body shop at 3 Enterprise Road, West Yarmouth, met with the Board of Water Commissioners on April 6, 1987. • A memo from the Health Officer dated March 26, 1987 covering 14 items that the petitioner must comply with was also received by the Water Commissioners. It was their opinion that all available precautions allowed by the Town had been addressed. The Water Department can not approve or disapprove the use of this property as proposed. However, the Water Department does caution the petitioner to the liabilities that can arise from the operation of a body shop within zones of contribution to Public water supply wells. If you have any questions or concerns regarding this matter, please do not hesitate to contact the Board of Water Commissioners. Thank you. cc: Board of Water Commissioners Attorney Shirley J. Sylva WQAC File WATER QUALITY ADVISORY COMMITTEE MEMORANDUM .TO:. Board of Appeals FROM: John L. Mulkeen, Chairman Water Quality Advisory Committee �° SUBJECT: Robert J. White Auto Body and Paint Shop Appeal No. 2431 DATE: May 6. 1987 It is not the purpose, nor the desire* of the Water Quality Advisory Committee to review applications for variances or special permits that come before the Board of Appeals or any other board or commission. Rathers we will address broader concerns and make recommendations for general application as specific cases raise questions that a board may wish assistance in answering. In the case of the subject petition. the WQAC has been requested by you to com- ment on the question of whether an auto body and paint shop should be allowed at 3 Enteprise Road, Yarmouth Port. A variance or special permit for any busi- ness employing toxic or hazardous materials, especially if located within the zone of contribution to a public water -supply well, should be granted only when all criteria are met clearly and fully. For example, in weighing claims of economic hardship that may be made for granting such an appeal, the economic hardship that would fall to the owner from contaminating the ground water, par- ticularly in the area of a public water supply, whether accidental or not, should also be taken into account. The costs of removing hazardous materials from soil and ground water from a single spill could well force a small busi- ness into bankruptcy. We believe that the burden is on the petitioner to con- vince the Board -- through technical reports, proof of insurance, performance bond, compliance with all relevant federal. state, and local laws, bylaws, and regulations (e.g. the Handling and Storage of Toxic and Hazardous Materials by- law administered by the Board of Health; Mass. General Laws. Chapter 21E. the Massachusetts Oil and Hazardous Material Release Prevention and Response Act). or whatever else may be necessary -- that the granting of such a petition will not jeopardize the health and welfare of the Town. The WQAC is opposed to any business using toxic or hazardous materials being allowed in a zone of contribution to a public water -supply well. Should the Board feel itself required by law to grant such a variance or special permit in a particular cases we recommend that the members make an extra effort to be satisfied that all criteria are fully met; that the petitioner will comply with all relevant laws. bylaws. and regulations; and that the petitioner is fully aware of his liability and responsibility for any pollution he may cause. cc: Robert J. Lawton. Jr., Exec. Secly. Board of Health Water Department (4) Shirley J. Silva. Attorney for petitioner White OF TOWN OF YARMOUTH BOARD SELECTMEE N n46 ROUTE 28 SOUTH tiARMOUTH MASSACHUSETTS 02664 IeIcphonc 398.2231 Hay 7. 1987 Shirley J. Silva. Associate Garnick S Princi. P.C. Attorneys At Law P. 0. Box 364 South Harwich. Massachusetts 02661 Re: Application of Robert J. White Yarmouth Board of Appeals No. 2431 Dear Ms. Silva: EXECUTIVE SECRETARY Enclosed is a copy of the memorandum sent to the Yarmouth Board of Appeals by the Yarmouth Water Quality Advisory Committee in response to the questions raised by your client's Appeal No. 2431. We have not commented on the merits of your client's case. but have indicated our opposition to allowing any busi- ness employing toxic or hazardous materials being located in the zone of con- tribution to any public -supply well. We have also suggsted some areas for consideration if the Board of Appeals does decide to grant such permits. If you need any further information from this committee* please contact our Technical Advisor. John Moser. at 362-9518. Very truly yours. Job L. Mulkeen Chairman Enclosure cc: Robert J. Lawton. Jr. Board of Appeals ✓ Board of Health Water Department JLM/jm WATER QUALITY ADVISORY COMMITTEE MEMORANDUM TO: Board of Selectmen FROM: John L. Hulkeeng, Chairman X_ Water Quality Advisory Committe SUBJECT: Advice to Board of Appeals Businesses using toxic and hazardous materials DATE: May 7. 1987 The WQAC was askedo along with the Board of Health and the Water Commissioners. to comment on a recent application for a variance or special permit for an auto body and paint shop on Enterprise Ways which is within the zone of contribution to wells 1. 2. and 3. The committee discussed the issue at both of our regular meetings in April. replied to the -Board of Appeals on the general issue of such uses in zones of contribution* stating that we are opposed to allowing toxic and hazardous materials use within zones of contribution. Realizing that the Board of Appeals may feel required to approve some such cases under the current state and local lave. we recmmended that they grant such approvals with special care. We were -advised that the Health Department.examined the particular case under the Town Hazardous and Toxic Materials bylaw which they enforce. We were also advised that the Water Commissionerso having no law of their own to stop such uses. deferred to the Board of Health. The Water Department with their consultant. Whitman 6 Howard. would appear to be the best situated agency to advise the Board of Appeals as to the effects of allowing a particular use in a zone of contribution. Whitman S Howard has developed all of the well fields$ have a model of the town's aquifer set up. have used the model to define the zones of contributiono and have more data on the tovnts water supply than any other one agency or consultant: The review of the applications to the Board of Appeals that require ground-vater protection under footnote 9 of the zoning use table has not been included in anyonets budget, but it would not seem unreasonable to require the applicant to pay for the review in the same way that the Board of Health requires applicants to pay for their consultant to review sewage treatment plans. Therefores we recommend that the Board of Selectmen ask the Board of Water Commissioners to arrange with Whitman 6 Howard to review Board of Appeals cases that may affect the Tovnis water supply. We further recommend that the same request be made of the Public Works Commission when that is in place. cc: Robert C. Lawton. Jr. Board of Appeals Board of Health Water Department (4)