HomeMy WebLinkAboutDecision 4645 06.14.16137-07.....201 6 a :l 2= 1_BP
N 0 T TOWN OF YARMOUJIP T
A N BOARD OF APPEAL' N
OFF TCIAL DECISIOq F I CI AL
C O P Y C O P Y
N 0 T N 0 T
A N A N
FILED WITH TOWN (FLERK: I AJifine 14, 2016D F F I C I
C O P Y C 0 P Y
A L
PETITION NO: 4645
HEARING DATE: June 9, 2016
PETITIONER: Ceili and Lucy Family Investment Trust
(Current owner: Our Outhouses, LLC)
PROPERTY: 373 White's Path, South Yarmouth, MA
Map 110, parcels 8
Zoning District: B3 and APD
Title: Book 29029, Page 341
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Neitz, Gerald
Garnick, 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 a F3 use
within the Aquifer Protection District (APD). The property is currently owned by Our Outhouses,
LLC, and Petitioner plans to lease the property if all necessary permits and relief are secured.
The lot is located in the B3 Zoning District and contains approximately 27,810 square feet of area,
and is currently improved with an approximate 5,000 square foot steel -frame structure, containing 4
separate bays. The structure, built in 2015, is equipped with floor drains which feed a holding
tank,
The Petitioner proposes to occupy one of the bays located at the rear of the property for storage
and warehousing of product sold at the Agway of Cape Cod stores, located in Dennis, Chatham
and Orleans. Each of these three locations have storage capability. However, these locations
have limited space, which makes it difficult for them to transact large quantities with special
pricing. They do not plan to have a retail operation at this location, mostly due to the zoning
constraints.
Stored inside the warehouse will be fertilizer and plant food, but with small concentrations of
pesticide. Outside, at the rear of the property, they will store bagged soil and mulch. All
products will remain on the pallets upon which they arrive, and will not be broken down on site.
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The property will be usedToPstSrage until transported to to hwTay stores. If pallets are
subsequently opened on a Aelihe unsold portions will not b� Aurned to the property.
O F F I C I A L O F F I C I A L,
This use requires a Specie FQrrRitYn the APD, The project(ga'bknyVell vetted by the Yarmouth
Board of Health, which issued a Memorandum (the "Memorandum") dated May 25, 2016 regarding
the operation of the PetitioWrO; Imsiness at this location. OnIMSy 2B, 2016, the Petitioner appeared
before the Board of Health, whtgh found that the proposal willAdoquately control all hazardous
materials and protg9t *e �ntgnt pf tbcAkPD bylaw. TIYg I�oagl of I&al h pssqpd its unanimous
recommendation to proceCd p tbis jBoard for relief. Petitiopeuly appeared before the Site Plan
Review team on May 31, 2016, and they too were satisfied with the proposal.
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
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, and is also attached hereto. In addition, the recommendation of the Yarmouth Fire
Department, made at the Site Plan Review meeting, that a lock box be installed to the exterior of the
structure, will be a condition of this relief.
The Board finds that the Petitioner has demonstrated the requirements of Zoning Bylaw §406 for the
issuance of a Special Permit, in that the proposal will not be substantially more detrimental nor cause
undue nuisance, hazard or congestion and that there will be no substantial harm to the established or
future character of the neighborhood or town. Finally, the Board finds that groundwater quality
resulting from on -site waste disposal and other on -site operations will not violate federal or state
standards for drinking water at the downgradient property boundary.
Accordingly, a Motion was made by Mr. Neitz, seconded by Mr. Garnick, to grant the Special
Permit, as requested, incorporating all of the 5 Board of Health Regulations in the Memorandum,*
specifically recited on Page 5 thereof. The Petitioner will also need to install a lock box to the
exterior of the structure, as requested by the Yarmouth Fire Department, and any materials that
are removed from the site, and subsequently opened, will not -be returned to the Property. 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 Clerk. 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)
I XE��6 .
t Steven DeYoung, airman
44gAt-d h-.r�-6
E-xW13 + 'A I
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Appeal #4645
N 0 T N O T
COMMbNWEALTH OF MASSA&USETTS
oFcoPY& OF YAM U'F I AL
BOARD OF APPEALS
N O T N O T
A N A N
O F F I C I A L O F F I C I A L
C O P Y C 0 P Y
Date: July 5, 2016
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
PETITIONER: Ceili and Lucy Family Investment Trust
686 Route 134, So. Dennis
OWNER: Our Outhouses, LLC
24 Great Western Road, Harwich, MA
Affecting the rights of the owner with respect to land or buildings at: 373 White's Path,
South Yarmouth, MA. Zoning District: B3 & APD; Map & Lot#:0110.8; Book/Page:
29029/341 and the said Board of Appeals further certifies that the decision attached hereto is a
true and correct copy of its decision granting said Special Permit, and copies of said decision,
and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any
extension, modification or renewal thereof, shall take effect until a copy of the decision bearing
the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been
filed in the office of the Town Cleric 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 certificate of title. The fee for such recording
or registering shall be paid by the owner or applicant.
S�eneY airman
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N 0 T N 0 T
A N A N
O F F I C I A L O F F I C I A L
TQYWN OF YARMOUTH
Town
1146 ROUNI E98,T5OUTH YARMOUTH, MANACff USETTS 02664-4451 Clerk
TekpAne (508) 398-2231 Ext. 1285, Ax�508) 398-0836
O F F I C I A L O F F I C I A L
C O P Y C O P Y
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, III, Town Cleric, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision 44645 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
TO:
FROM:
SUBJECT:
DATE:
Background
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c�5x 4 h, 4 ,A
(RECEIVED
wrpWN OF Vj&kMQ I&Y 262016
O F F I C I A L O F F I C I A L
YARMOUTH
C O P Y C O P Y BOARD OF APPEALS
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETT -
N O 'T Telephone (508) 398-2231 eiA. 1g4q Fax (508) 760-3472
A N BOARD OFA REALTH
O F F I C I A L O F F I C I A L
C O P Y MEMORANDUM o P Y
Zoning Board of Appeals (ZBA)
Car[ E. Lawson, Jr., Hazardous Waste Inspector C L
Proposed new Agway of Cape Cod Warehouse Storage
373 White's Path, Unit A
Petition Number 4646
May 25, 2016
Agway is a lawn, garden, pet and farm products sales company with retail stores
throughout the northeastern United States. Each Agway store is independently owned
and operated. Mr. Joshua Wile is the president of Agway of Cape Cod with three retail
stores located in Chatham, Dennis and Orleans.
Proposal
Each Agway of Cape Cod store has limited warehouse storage. Additional warehouse
storage will allow Agway of Cape Cod to take advantage of special pricing available on
larger purchases of certain products. The peak business period occurs from early spring
to early summer and during this time the availability of additional stock for the retail
stores will help the business in the competitive marketplace. For this reason Agway of
Cape Cod seeks to store additional stock at a warehouse location of 373 White's Path,
Unit A.
The warehouse location will be most heavily utilized for storage from the fall to spring in
anticipation of the busy spring season.
Mr. Wile met with the Health Dept. and provided a summary of his proposal. After
learning that the 373 White's Path warehouse location is within the Town's Aquifer
Protection District (APD) for the public drinking water supply, Mr. Wile agreed to reduce
his range of stored products. Liquid toxic or hazardous products and straight granular
herbicide products have been removed from the initial list of proposed items.
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Items proposed for sOaUeTnside the warehouse inaudeTertilizer and plant food. While
some of these fertilizer,,NhUlude herbicide (crabgrass Dr6enter, weed killer) or pesticide
(grub killer) they ]Ar(' irk IgssTerAc6nncent ratio fis F(hf'n �ngh6 ArAight granular products
originally proposed. P)r% nYple, a dedicated grubrkil1lbrIinXy contain 0.6 to 2.0% of two
different insecticides whereas a lawn fertilizer with grub killer will contain about 0.2% of
one insecticide. N 0 T N 0 T
A N A N
Items proposet fur storage ioutside the wamllbumerimlubeAbagged soil and mulch.
These products contdn(ncradditives. c o P Y
All products will be contained in sealed bags which are held in place on pallets by
heavy-duty, industrial -strength, plastic wrap. No plastic wrap will be removed or product
bags opened at the 373 White's Path warehouse location.
Regulatory Items
1) It is understood Agway of Cape Cod will need ZBA relief in order for the business
to have (1) a trucking and warehousing operation and (2) to store toxic or
hazardous materials in excess of normal household quantities within the APD.
2) The building has floor drains required by Massachusetts State Plumbing Code
that are connected to a holding tank system designed by a Massachusetts —
Registered Professional Engineer (P.E.) in accordance with Massachusetts
Department of Environmental Protection (DEP) regulation, 314 CMR 18 (CMR =
Code of Massachusetts Regulation). The holding tank system includes: a 1500-
gallon concrete holding tank inside a 2500-gallon concrete holding tank which
serves as secondary containment; a high-level liquid detection monitor and a
leak detection monitor. Under normal conditions it is not expected the holding
tank will receive flow.
3) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or
Hazardous Materials," effective May 2, 1990 is applicable to this proposal as the
involved quantities of materials are in excess of the licensing threshold of 10
gallons liquid measure or 5 pounds dry weight. The regulation includes, but is not
limited to, 150% volume secondary containment of toxic or hazardous materials.
Toxic or Hazardous Materials Delivery and Unloading
The materials will be delivered to the 373 White's Path location by delivery trucks. The
materials will be unloaded from the delivery trucks by Agway of Cape Cod employees
using a propane powered forklift. The forklift will be maintained by an outside vendor in
the same manner as the forklifts at the other Agway of Cape Cod locations. The vendor
will occasionally service the forklift at the 373 White's Path location.
'No hydraulic or any other vehicle fluids will be stored at this location.
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Toxic or Hazardous Waar�als Storage N o T
_.... - A N A N
All of the fertili7W1560 OaRt fbob gill be stor6 l Wiskdeltl-Pe IM'White`5 Path warehouse
in Unit A. The pallet-oPoPmRat(Arials will be stored or�-tA Forycrete warehouse floor or on
pallet racks. As previously mentioned all pallets of materials will be stored intact with
plastic wrap in place. AlsOa'g mentioned previously rM Products will be opened onsite.
A N A N
All of the bagged For1aMd (rnaic4 v+4ll be storeQl Cutigidb ghl adjabent to the warehouse.
As with the other mat�rialsPn�Yproducts will be operi'ed)oRsiVe nor will any pallet wrap be
removed.
Toxic or Hazardous Materials Use
No materials are proposed to be used onsite. The materials will only be stored until
there is space for them to be brought to one of the three Agway of Cape Cod stores in
Chatham, Dennis and Orleans.
Toxic or Hazardous_ Materials Disposal
No toxic of hazardous materials will require disposal as they are only stored for resale at
one of the three Agway of Cape Cod store locations.
Toxic or Hazardous Materials Loading and Removal
The materials stored at 373 White's Path will be removed for the purpose of transporting
them to one of the three Agway of Cape Cod stores for sale. The materials will be
loaded onto Agway of Cape Cod trucks by Agway of Cape Cod employees using a
propane powered forklift.
Environmental Safeguard
1) Only dry or solid materials will be stored.
2) All employees are trained in spill response.
3) The spill plan and Safety Data Sheets (SDS) will be available onsite as required
by regulation.
4) Spill response materials in the form of heavy duty tape, brooms, shovels, clay -
based absorbent, bags, pans and an impermeable container with a lid top will be
maintained onsite. All stored materials will be solids, but the clay based
absorbent will be stored in case it is needed in the event of a vehicle fluid spill.
5) Personnel Protective Equipment (PPE) in the form of protective eyewear,
respirators and gloves will be maintained onsite.
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6) No vehicle wasMn6fTieling or repair is part ofih, oposal.
A N A
7) While th(Ph6uF§ d-urtjwhicrh employes VvilFbJ on'sRe 1� variable, the site will be
checked daily.c o P y c o p y
Additional InformatioM o T rr o T
A N A N
1) While th& sffe PwiA at lbekstraffed contiflu6u9y Ih&erwfl k an office onsite that
will be used oAi 9 pOArty me basis. Employegs WIT also report to the site for the
unloading of materials delivered to the site or the loading of materials to be
delivered to the Agway of Cape Cod stores.
2) There are no scheduled hours for the operation of the site, but in operations will
be limited to normal daylight hours.
Health Dept -Requirements
Yarmouth Health Regulation requires the following regarding toxic or hazardous
materials handling and storage which apply to the proposal by Agway of Cape Cod.
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 toxic or hazardous materials is allowed (soil and mulch are
not toxic or hazardous).
4) All materials must be protected from vandalism.
5) Materials must be stored in covered product -tight containers.
6) All toxic or hazardous materials must be stored inside secondary containment of
150% volume of the total amount of materials stored (all materials included in this
proposal are solids).
7) Any waste material must be properly disposed by a licensed hazardous waste
hauler. No waste materials are anticipated from this business.
8) Safety Data Sheets (SIDS) for each toxic. or hazardous material must be
maintained onsite and be readily available.
9) No vehicle repair or washing is allowed onsite.
10)An absorbent material must be kept onsite for use in the event of spills.
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Board of Health Rec� niheTndations N o T
A N A N
Attorney Paul 15aMifFarfd',giv* 6f Cape C&d FOAJ &cF pfWdent, Mr. Joshua Wile
presented the aforeffiAti8n9d proposal to the Eo&dpofYHealth (BOH) at the BOH
meeting on May 23. The f OH with three members present voted unanimously to
recommend the propclAaf)oTAgway of Cape Cod t(3` tM 2BA. This recommendation is
based on the ability ofAthb business to comply wittf t% Town of Yarmouth Board of
Health Regulat0nF"RarfdllbgTa&l ]Storage ofQl'ai(Fod Wazkd`ruTs Materials" and based
on the following five ((5) (dofdfflons (which are beyohd fh('slYIct scope of the regulation):
1) The storage of any solid or dry toxic or hazardous materials is limited to the size
of the pallet rack structure(s) in the building,
2) No storage of liquid materials is allowed.
3) A detailed material spill containment plan must be conspicuously posted at all
times and all employees must be familiar with the plan.
4) No vehicle washing is allowed.
5) No vehicle repair is allowed.
The Board of Health and Health Department respectfully request that if this proposal is
approved by the Board of Appeals the preceding five (5) items be included in any
Zoning Board of Appeals Decision. Furthermore, if the proposal is allowed by the
ZBA these items will be included as conditions of the annual Board of Health license for
the business.
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register