HomeMy WebLinkAbout5092 3,9,15 Enterprise Rd Health Dept Memo 02.27.241 146 ROUTE 28, SOUTH YARMOUTH, NIASSACH SET"TS 02664
Telephone (508) 398-2231 eat. 1240, Fax (508) 760-3472
BOARD OF HIEAI, I'H
MEMORANDUM
TO: Zoning Board of Appeals (ZBA) L
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector C
SUBJECT: ZBA Petition Number 5092
Hearing Date March 14, 2024
Millway Marina
3, 9 and 15 Enterprise Road, Yarmouth Port
DATE: February 27, 2024
Background
Millway Marina is a full -service marina with a primary location on Barnstable Harbor and
a secondary location at 3, 9, and 15 Enterprise Road in Yarmouth Port. The location is
within the Town Aquifer Protection District (APD) for the Town public drinking water
supply. The business established the 9-15 Enterprise Rd., Yarmouth Port location in
late 2013 not knowing that prior Town approval was required.
2014 Proposal from Millway Marina
Millway Marina proposed to continue to operate their Yarmouth Port location which
included and continues to include, the following marine services.
1) Marine engine maintenance and repair
2) Fluid changes
3) Boat bottom painting
4) Installation of marine electronic devices
5) Installation of marine hardware
6) Storage of up to 200 gallons total of toxic or hazardous materials in the form of
new oils, waste oil, solvents, and paint to support marina services.
Therefore, the final proposal from Milway Marina was to store toxic or hazardous
materials in more than normal household quantities within the APD as outlined in
Yarmouth Zoning Bylaw Section 406.5.1.1 (3).
Board of Health Hearing MOM: April 28, 2014
The BOH, with all five members present and voting, unanimously approved
recommending the proposal of Millway Marina to the Zoning Board of Appeals (ZBA)
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.
Zoning _Board of Appeals
Millway Marina was granted the zoning relief sought with a ZBA Special Permit issued
on July 23, 2014, based on the result of the ZBA meeting on June 26, 2014. The ZBA
Decision numbered 4531 that granted the Special Permit required compliance with the
above BOH recommendations.
Millway Marina Acquisition of Enterprise Body A,,,,...
In 2021 Millway Marina purchased the former Enterprise Autobody at 3 Enterprise Rd.,
which is immediately adjacent to their initial operation at 9 and 15 Enterprise Rd. Town
Assessor's records lists numbers 9 and 15 as two separate lots, yet there is only one
building among them. Millway Marina retained the services of the former owner of
Enterprise Autobody to perform marine fiberglass repair, painting, and other marine
finish work, services similar to those formerly performed by Enterprise Autobody.
Provided that all approvals are granted, Millway Marina will file to combine 3, 9 and 15
Enterprise Rd.
2024 Proposal from Millway Marina
Millway Marina proposes to continue to operate their 3, 9 and 15 Enterprise Rd.
Yarmouth Port locations which include the functions listed previously, but with an
increase in the allowed volume of toxic or hazardous materials from 200 gallons to 900
gallons. While the previous 200-gallon limit applied to 9 and 15 Enterprise Rd., the
currently proposed 900-gallon limit applies to the aggregate of 3, 9 and 15 Enterprise
Rd.
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As explained to me by Millway Marina staff, increased business, the acquisition of the
former Enterprise Autobody and the marine industry shift toward four-stroke outboard
engines and away from two-stroke outboard engines has driven the need to store a
greater volume of toxic or hazardous materials. The marine industry shift away from
two-stroke engines has been accelerated by the closure of a major brand of two-stroke
outboard engines in 2019. Two-stroke engines do not hold engine oil. Instead, their
engine lubrication is provided by oil blended with their gasoline. Four-stroke engines are
lubricated by engine oil held in the crankcase of the engine. Therefore, no engine oil
changes apply to two-stroke engines. Due to the increased servicing of four-stroke
outboard engines, Millway Marina needs to stock more new motor oil and dispose of
more waste motor oil than previously.
Operations Not Included In This Proposal
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. Boat
bottom paint chips removed during washing are swept from the wash pad and disposed
of in general trash.
Most Recent Health Dept. Inspection of Millway Marina on January 302024
I completed inspections of the Millway Marina locations of 3, 9 and 15 Enterprise Road
with the assistance of Carla Sullivan, Service Manager, and Ian O'Connell, General
Manager, and found the business to be operating in compliance with Health Regulation
and Hazardous Materials license conditions.
Regulatory Items
Zoning
Millway Marina will pursue zoning relief from the ZBA including toxic and hazardous
materials storage of more than normal household quantities within the AP❑ as outlined
in Yarmouth Zoning Bylaw Section 406.5.1.1 (3) and specifically an increase from the
200 gallons allowed presently to 900 gallons.
Board of Health:
The Board of Health Regulation "Handling and Storage of Toxic or Hazardous
Materials," effective May 2, 1990, will continue to apply to Millway Marina as the
proposed quantity of materials will continue to be greater than the licensing threshold of
10 gallons liquid measure. Millway Marina has maintained this license with the Health
Dept. since 2014.
Board of Health Involvement
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During their meeting on February 5, 2024, the BOH held a hearing concerning the
proposal from Millway Marina. The meeting was held to confirm that Millway can
continue to comply with BOH regulation and to draft comments to the ZBA concerning
the proposal of Millway Marina. Please find the written recommendations from the BOH
in the section titled "BOH Hearing and Recommendations" on the final page of this
memorandum.
Other Information
1) It is anticipated that seven to eight full-time employees will continue to work at
this location.
2) The usual hours of operation are 8:00 AM to 5:00 PM, Monday through Friday.
Toxic and Hazardous Materials Delivery
The toxic and hazardous materials are delivered during business hours by truck
transportation, offloaded manually or by forklift and immediately moved inside the
buildings.
Toxic and Hazardous Materials Storage
Toxic and Hazardous Materials used in this operation will continue to include new oil,
waste oil, new winterization antifreeze, waste fuel, paint, solvents and incidental or
miscellaneous items. The largest planned container size is 55-gallon drums. BOH
regulation requires 150% volume secondary containment for Toxic and Hazardous
Materials. If allowed by the ZBA, Millway Marina plans to achieve the required
secondary containment using drum containers. Millway Marina already has several
drum containers in place for the materials they presently store at 9-15 Enterprise Rd.
The former Enterprise Autobody building at 3 Enterprise Rd. has a concrete secondary
containment area in which paint and solvent containers are stored.
Toxic and Hazardous Materials Use
1) The 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 does not spill on the
pavement and no paint stains have been noted in the parking lot during
inspections. 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. As mentioned
previously, most bottom paint chips are dislodged during washing at Charr Boats.
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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 within secondary containment.
6) Paint, various finishes, and solvent are used for finishing work.
Materials Disposal
Toxic an Hazardous„ M,a#er ats
1) Waste oil is removed by Boston Green Company, a licensed hazardous waste
transporter, by pumping the oil directly from the drum to a truck -mounted tank.
The drums remain stationary inside the building.
2) Waste fuel is drained from boats when needed, stored in a drum, and removed
by Boston Green.
3) Parts wash solvent is periodically changed by Safety Kleen, a licensed
hazardous waste transporter, and they remove the used solvent.
4) Oil filters are disposed in the general trash after puncturing and a 24-hour
draining period, in compliance with State regulation. The residual waste oil is
drained to the waste oil drum.
5) Waste antifreeze is not generated. The reason new winterization antifreeze is
listed under the heading Toxic and Hazardous Materials Storage above, but no
waste antifreeze is generated, is because the winterization antifreeze is removed
from the potable water lines and the open -loop engine cooling systems upon
launching, not at the Enterprise Rd. location. Millway Marina does not store or
encounter engine coolant antifreeze because the outboard engines serviced
have open -loop cooling systems that draw, circulate, and expel raw seawater
only.
6) Used batteries are periodically removed by Interstate Battery, the battery
supplier.
7) Used rags are taken to the Millway Marina Barnstable location for disposal in the
trash. These rags are used for general clean up and are not soaked with oil or
solvent.
8) 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 captured fuel
deposited to waste fuel drum.
9) All paint is used completely with no waste.
10) According to Millway Marina Staff, the spray guns associated with the former
Enterprise Autobody location are seldom used. Therefore, waste solvent required
for cleaning spray guns accumulates very slowly with less than one gallon
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accumulating over the last two years. Safety Kleen, the hauler that presently
services the parts washer will also remove this waste solvent when needed.
11) Millway Marina staff explained to me that used mercury switches are not
encountered because the size of the boats they service do not contain these
devices.
12)Paint rollers used for applying bottom paint are never cleaned; they are instead
dried and disposed in the general trash once they are dry.
13)Small paint brushes are used for detailed work around boat waterlines. Like the
paint rollers these brushes are also not cleaned; they are instead disposed of in
the general trash once they are dry.
14) Millway Marina personnel stated they do not encounter bilge water, oily or
otherwise, within boats they service at their Enterprise Rd. locations. The bilges
are the spaces between the floor of a boat and the outer hull bottom. Millway only
services boats with outboard engines and the bilge plugs are removed when the
boats are hauled from the water, so the bilge water drains at that time. Bilge
water accumulates mainly due to seepage from rainwater, overspray from rough
water conditions or condensation.
Environmental Safeguards Presently in Place
1) All presently stored 55-gallon drums containing toxic or hazardous materials are
and the parts washer are within secondary containment, in compliance with
Health regulation. If the additional requested volume of materials is allowed,
Millway Marina must install secondary containment for them.
2) A hazardous materials spill response plan is posted conspicuously within both
buildings alongside labeled spill response kits that contain absorbent materials.
In the larger building at 15 Enterprise Rd., there are spill response plans and kits
at both doors leading outside.
3) All spent outboard engines awaiting recycling are drained of both engine oil and
outdrive oil.
Health Dept Requirements
If allowed by the ZBA, the Millway Marina operation will continue to 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:
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.
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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.
6) Containers of materials must be stored in such a manner to facilitate visual
inspection of each container.
7) Any waste material must be properly disposed of by a licensed hazardous waste
hauler.
8) Absorbent material must be kept onsite for use in the event of spills.
9) Safety Data Sheets (SDS) for each toxic or hazardous material must be
maintained onsite and be readily available.
BOH Hearing, and Recommendations
Attorney Paul Tardif, Millway Marina Service Manager Carla Sullivan, and Millway
Marina General Manager Ian O'Connell presented their proposal to the BOH at the
regular board meeting on February 5, 2024. The BOH approved recommending the
proposal of Millway Marina to the ZBA by a unanimous vote with all five members
present and voting. This recommendation is based on the ability of the business to
continue to comply with the Town of Yarmouth Board of Health Regulation: "Handling
and Storage of Toxic or Hazardous Materials" and based on the following four (4)
conditions listed below. These conditions are above and beyond the strict scope of the
regulation and are intended to provide additional protection of the APD.
Please note the only differences between the conditions listed below and the original
conditions listed previously are the change from 200 gallons to 900 gallons on the first
condition and a reversal in the order of conditions numbered 3 and 4. These two
conditions were changed to list conditions 2 and 3 consecutively since they are closely
related.
1) The maximum allowed total combined storage of toxic and hazardous materials
is 900 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) A sufficient supply of inert absorbent must be maintained onsite for use in the
event of a spill.
4) No vehicle washing is allowed.
The Board of Health and Health Department respectfully request that if this proposal is
approved by the ZBA, the preceding four (4) conditions please be included in any ZBA
Decision. Furthermore, if allowed by the ZBA these items will be included as conditions
of the annual Board of Health license for the business.
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