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HomeMy WebLinkAboutDecision 45317----2]14 ai U1 r 41 TOWN OF YARMOUTH- BOARD OF APPEALS • '' - - - - DECISION FILED WITH TONVN CLERK: July 2, 2014 PETITION NO: 4531 HEARING DATE: June 26, 2014 PETITIONER: Millway Marina, Inc. (Tenant of JSS Realty Trust) PROPERTY: 15 Enterprise Road, Yarmouth Port, MA Map & lot##:0093.31 and .32 Zoning District: B3 and APD Book/P age: 12044/200 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Gerald Garnick, Chuck Hart and Bryant Palmer. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing opened and held on the date stated above. ., The Petitioner seeks a Special Permit pursuant to Zoning Bylaw §406 and 202.5 to allow an F4 use within the Aquifer Protection District (APD). It is currently owned by John Souza, Trustee of the JSS Realty Trust. The lot contains approximately 19,300 square feet of area, and a one story steel frame building, constructed in 1975. No exterior changes to the structure are contemplated. The Petitioner proposes to utilize the property as a boat service business, including boat repair, service and maintenance, in the APD. In addition, the Petitioner intends to store up to 200 gallons of hazardous materials on the location, with various forms of secondary containment. This use requires a Special Permit in the APD. No washing of boats is planned at this location. The project has been well vetted by the Yarmouth Board of Health, which issued a Memorandum (the "Memorandum") dated June 12, 2014 regarding the operation of the Petitioner's business, at both this location and their main location in Barnstable Harbor. On April 28, 2014, the Petitioner appeared before the Board of Health, which found that the proposal will adequately control all hazardous materials and protect the intent of the APD bylaw. The Board of Health issued its unanimous recommendation to proceed to this Board for relief. No one spoke in opposition to the proposal. This Board was impressed with the thoughtful Memorandum drafted by Carl E. Lawson, Jr., the Hazardous Waste Inspector from the Board of Health, and was satisfied that with the imposition of the conditions and regulations recited in the ri Memorandum, that the proposal would meet the requirements under the Bylaw for the issuance of a Special Permit. As such, the Board of Health Memorandum is hereby incorporated in its entirety by reference. Accordingly, a Motion was made by Mr. Igoe, seconded by Mr. Palmer, to grant the Special Permit, as requested, incorporating all of the 7 Board of Health regulations and 4 conditions in the Memorandum, specifically recited on Page 5 thereof. The relief is also conditioned on the Petitioner securing an Occupancy Permit from the Building Department, and a Board of Health Handling and Storage of Toxic or Hazardous Materials License. The members voted unanimously in favor of the Motion. No permit shall issue until 20 days from the filing of this decision with the Town CIerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5, MGL c40A §9) Steven DeYoung, CAr&an TOWN OF YARMOUTH RECEIVED 1146 ROUTE 28, SOUTH ZARMOUTH, M A.SSACHUSETTS 2664JUf 2oi4Telephone (508) 398-2231 exL 1240. Fax (308) 760-3472 BOARD OF HEALTH BOARDROF PE Ls MEMORANDUM TO: Board of Appeals FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector SUBJECT: Millway Marina 15 Enterprise Road, Yarmouth Port Appeal # 4531 DATE: June 12, 2014 Millway Marina is a full service marina with a primary location on Barnstable Harbor and a secondary location inland at 15 Enterprise Road in Yarmouth Port. The location is within the Town Aquifer Protection District (APD) for the Town public water supply. The business established the Yarmouth Port location not knowing that prior Town approval was required. Proposal from Millway Marina Millway Marina proposes to continue to operate their Yarmouth Port location which Includes the following boat service functions. 1) Marine engine maintenance and repair 2) Fluid changes 3) Boat bottom painting 4) Installation of marine electronic devices 5) Installation of marine hardware Millway Marina proposes to store up to 200 gallons total of toxic or hazardous materials' in the form of new oils, waste oil, solvents and paints to support the abovementioned functions. I Operations Not Included In This Proposal 1) Boat washing does not occur at this site. Any needed boat washing is done nearby at Charr Boats at 20 Corporation Road. This location has a dedicated boat wash pad from which wash water drains to a holding tank constructed in accordance with Massachusetts Department of Environmental Protection (DEP) regulation that includes secondary containment along with both high level and leak detection monitoring. Regulatory_ Items Zoning Miliway Marina is seeking zoning relief with the Board of Appeals (BOA) including toxic and hazardous materials storage in excess of normal household quantities within the APD. Other Regulatow Items: The Board of Health Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2,' 1990 is applicable to this proposal as the proposed quantities of materials are in excess of the licensing threshold of 10 gallons. The regulation includes, but is not limited to, 150% volume secondary containment of toxic or hazardous materials. Therefore, the business will need to apply for a Board of Health Handling and Storage of Toxic or Hazardous Materials License. The business has not applied for a license as of yet because such license cannot be issued until the business has a Use & Occupancy Permit from the Building Dept. A Use & Occupancy Permit cannot be issued until the zoning issues are addressed with the Board of Appeals and Building Dept. Other Information 1) Presently the plan is to continue with two to three full time employees at this location. 2) The usual hours of operation are 8:00 AM to 5:00 PM, Monday to Friday. Toxic and Hazardous Materials Deliver The toxic and hazardous materials are delivered by truck transportation, offloaded by hand and moved Inside the building. Toxic and Hazardous Materials Storage Toxic and Hazardous Materials used in this operation include new motor oil, waste motor oil, marine bottom paint and solvents. These materials are stored in the following sized containers. Waste oil two different 55-gallon drums. 2 New oils up to 5 gallons Solvents up to 5 gallons Paints up to one gallon As mentioned above Health Department regulation requires 150% volume secondary containment for Toxic and Hazardous Materials. If allowed by the BOA Millway Marina plans to achieve the containment requirement using spill control pallets or drum containers for the two waste oil drums and other containment products such as smaller spill control pallets for the remaining materials. These products will be reviewed by the Health Dept. prior to purchase by Millway Marina to ensure they are sufficiently sized. Some of the products have already been reviewed. Toxic and Hazardous Materials Use 1) The abovementioned materials are only used by employees of Millway Marina at this location. No sales of materials occur and customers do not work on their own boats. 2) Boat repair involving various oils only occurs inside the building. 3) Boat bottom painting occurs outside as is the common industry practice. The entire outside lot is paved. Care is taken to ensure paint is not spilled on the pavement and no paint stains were noted in the parking lot during inspections on Nov. 20, 2013 and April 23, 2014. Furthermore, as a precaution, thick plastic used boat covers are used as ground coverings and are placed beneath boats being painted to catch any paint that may drip and any dislodged paint chips. Scraping boat bottoms is only done to remove barnacles if present with any dislodged paint chips captured in the plastic sheets and disposed of in the general trash. 4) General solvents are used for spot cleaning adhesive residue from boats. No solvents are used for cleaning paint brushes or paint rollers. 5) A parts washer is used inside the building for cleaning mechanical parts. The unit is already inside secondary containment. Toxic and Hazardous Materials Disposal 1) Waste oil is presently removed by Auto Body Solvent Recovery Corp., a licensed hazardous waste transporter, by pumping the oil directly from the two waste oil drums to a truck -mounted tank. The drums remain stationary inside the building. 2) Oil filters have been disposed of in the general trash and are now punctured and drained for 24 hours prior to disposal to comply with State regulation. 3) Waste antifreeze is not generated. 4) Used batteries are returned to the Millway Marina Bamstable location for return to the battery supplier. 5) Parts wash solvent is periodically changed by Safety Kleen, a service and hazardous waste removal company, with the used solvent removed for recycling. 6) Used rags are taken to the Millway Marina Barnstable location for disposal in trash. These rags are used for general clean up and are not oil or solvent soaked. 7) Used fuel filters contain a very small amount of residual fuel. These filters are drained of fuel prior to disposal in the general trash with the fuel drained into the waste oil drums for disposal. 8) All paint is used completely with no waste. 9) No waste paint solvent is generated. 10)Used mercury switches are removed by Covanta, a recycling company. 11)Paint rollers used for applying bottom paint are never cleaned; they are instead dried and disposed of in the general trash once they are dry. 12)Small paint brushes are used for detail work around boat waterlines. bike the paint rollers these brushes are also not cleaned; they are instead disposed of in the general trash once they are dry. 13)A 150-gallon plastic outboard motor test tank is filled with water and stored outside. According to Millway Marina, the water will be removed by Auto Body Solvent Recovery Corp. as it has been periodically in the past. The test tank will then be stored inside the building. Environmental Safeguards Presently In Place 1) The two 55-gallon waste oil drums are each placed on spill control pallets although the spill control pallets lack the holding capacity required by Yarmouth Health Regulation, they provide some measure of leak containment. if this proposal is approved by the BOA Millway Marina has agreed to install secondary containment that complies with the regulation. 2) A hazardous materials spill response plan has been developed for the 15 Enterprise Road location and was noted as being posted onsite during an inspection on April 23. 2014. 3) Both clay -based absorbent and absorbent pads are maintained onsite for use in the event of a spill. Health Dept. Requlrements If allowed by the BOA the Millway Marina operation will be subject to the same Yarmouth Health Regulation that applies to other vehicle repair operations in Town. This regulation requires the following regarding toxic or hazardous materials; 4 1) The business must register annually for a Yarmouth Board of Health Handling and Storage of Toxic or Hazardous Materials License. 2) No,materials may be discharged to the environment. 3) No outdoor storage of materials is allowed. 4) All materials must be protected from vandalism. 5) All materials must be stored inside secondary containment of 150% volume of the total amount of materials stored. fi) Any waste material must be properly disposed of by a licensed hazardous waste hauler. 7) Material Safety Data Sheets (MSDS) for each toxic or hazardous material must be maintained onsite and be readily available. Board of Health Involvement Mr. George Hill, owner of Millway Marina and his attorney, Mr. Paul Tardif presented this proposal to the Board of Health on April 28. The Board of Health (with all five members present and voting) unanimously approved recommending the proposal of Millway Marina to the Board of Appeals. This recommendation is based on the ability of the business to comply with the Town of Yarmouth Board of Health Regulation: Handling and Storage of Toxic or Hazardous Materials" and based on the following conditions (which are beyond the strict scope of the regulation): 1) The maximum allowed total combined storage of toxic and hazardous materials is 200 gallons. 2) A detailed material spill containment plan must be conspicuously posted at all times and all employees must be familiar with the plan. 3) No vehicle washing is allowed. 4) A sufficient supply of inert absorbent must be maintained onsite for use in the event of a spill. The Board of Health and Health Department respectfully request that if this proposal is approved by the Board of Appeals the preceding four (4) items be included in any Board of Appeals Decision. Furthermore, if this proposal is allowed by the Board of Appeals these items will be included as conditions of the annual Board of Health license for the business. 5 I `} VV t(( yr; '. :. ,•` y i 11 li J t . . i,l f q) r) 6 N In Ci i I . u I y c n A I+ 1p i SITE PLAN I 3 ENTERPRISE ROAD - YARMOUTH, MA Ill; BRIGGS ENGINEERING & TESTINGA p-RIGG5 i00 WEYMOUTH STREET, UNIT Bi ROCKLAND, MASSACHUSEfTS DR. 13Y: DWG SCALE: NTS PROJECT NO: 22979 CWD BY: PMS DATE: Oct, 2005 FIG. NO. 3 r l ep