HomeMy WebLinkAbout5100 11 Corporation Rd Health Dept Memo 04.08.24i i /
1146 ROUTE 28, SOUTH YARMOC TH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 ext. 1240. Fax (508) 760-3472
BOARD OF HFAL,TH
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector CL
SUBJECT: Zoning Board of Appeals Petition Number 5100
Green Bird Landscaping, Inc.
Proposed New Construction and Occupancy of 11 Corporation Rd.,
Yarmouth Port
and
Request to store toxic or hazardous materials in amounts greater
than those commonly associated with normal household use as
referenced in Yarmouth Zoning Bylaw Section 406.5.1.1 (3).
DATE: April 8, 2024
Background
Green Bird Landscaping, Inc. was founded by Mr. Rodrigo Epifanio and Ms. Shelder
Carvalho, in 2010. The business is presently based in Harwich. Green Bird offers the
following services: landscape maintenance, hardscape construction, irrigation system
installation, irrigation system service and snowplowing. The company presently has
fourteen employees.
Proposal from Green Bird Landscaping
Pending Property ,Purchase
Green Bird proposes purchasing the property of 11 Corporation Rd. in Yarmouth Port
which is presently undeveloped and listed in Town Asessor's records as 1.08 acres in
size.
New Building Construction
Green Bird proposes to construct a one-story, seven thousand square -foot area, six -bay
commercial contractor building at 11 Corporation Rd. The building will have five 1000
square -foot bays and one 2000 square -foot (double) bay.
Occupancy
Green Bird will occupy the 2000 square -foot bay and one adjacent one thousand
square -foot bay. The remaining four 1000 thousand square -foot bays will be rented.
Currently there are no prospective tenants.
Site Use by Green Bird Landsca in
The proposed use of the site by Green Bird includes the following:
1) The outdoor parking of company vehicles which include five trucks, five enclosed
trailers and one Bobcat brand skid -steer loader.
2) Office work.
3) The indoor storage of typical small -engine landscape equipment.
4) The indoor storage of hand tools and hard goods.
5) The indoor storage of up to ninety gallons of liquid toxic or hazardous materials in
the form of diesel, gasoline, oil, antifreeze, small amounts of miscellaneous
vehicle fluids and irrigation system materials.
6) The indoor storage of up to 5800 pounds of solid toxic or hazardous materials in
the form of 50-pound bags of ice melt, organic fertilizer (for start-up plantings),
and polymeric sand (a binding agent for walkway hardscapes).
7) Washing of company vehicles inside the bays. Each bay will have a concrete
floor with a floor drain connected by piping to a holding tank (a tank not
connected to any leaching structure) designed in accordance with Massachusetts
regulations.
8) Vehicle service by employees. Servicing includes tire rotations, brake work, and
topping -off fluids.
9) Servicing, washing, and refueling the Bobcat skid -steer loader.
10)Small engine equipment service by employees.
11) Oil and filter changes of registered vehicles and some small, gasoline -powered
equipment performed by a mobile vehicle service vendor.
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The trailers will each hold about ten gallons of toxic or hazardous materials including:
containers of diesel, gasoline, premix (gas/oil mixture for small 2-stroke engine
equipment), concrete antifreeze (this item will not be in every trailer), PVC irrigation
cement, PVC adhesive primer and solvent. The trailers are continuously registered.
Green Bird Landscaping and their legal and engineering representatives have worked
with the Town Building and Health departments since January through in -person
meetings, phone calls and extensive email communication to develop their proposal
with respect to Board of Health regulation.
This location is within the Town Aquifer Protection District (APD) for the public drinking
water supply.
Operations Not Included In This Proposal
Periodic, recurring fertilization and pesticide applications are offered by Green Bird
Landscaping but performed by third -party vendors. No pesticides will be stored onsite at
11 Corporation Rd. Approximately six 50-pound bags of organic fertilizer will be stored
inside. This fertilizer is for start-up application for new plantings only.
Green Bird Landscaping does perform snowplowing and the application of road sand -
salt, however none of this mixture will be stored onsite. Green Bird company trucks will
receive road sand -salt directly from the vendor at the vendor's Dennis location. Each
company truck used for road salt -sand application has a poly -caster inserted to the
truck bed. The poly caster is a double -walled poly plastic hopper with a conveyor belt at
the base and a rotary caster for distributing road salt -sand mix. Poly -casters have rigid
plastic covers but are not water -tight. Following snow or ice events the mixture will be
returned to the vendor. If the vendor is not open the trucks containing road salt -sand will
be parked inside the building until the vendor is open to receive the road salt -sand in
return. Since the vendor is open six days per week it is not anticipated the mixture will
remain on the trucks for more than two days.
Regulatory Items
Zoning
Yarmouth Zoning Bylaw Section 406.5.1.1 states applicants "may apply to the Building
Commissioner for a Determination of Non Applicability of the Special Permit
requirements of Section 406.5." if certain conditions are met. One such condition,
Section 406.5.1.1 (3) states "The chemicals, pesticides, fuels and other potentially toxic
or hazardous materials used or stored at the site, or produced by the proposed use, will
be in quantities not greater than those commonly associated with normal household
use." Since Green Bird Landscaping proposes to store up to ninety gallons of liquid
materials and 5800 pounds of dry materials, they do not qualify for the Determination of
Non -Applicability and must request zoning relief from the Zoning Board of Appeals
(ZBA).
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Board of Health (BOH)
The Board of Health Regulation "Handling and Storage of Toxic or Hazardous
Materials," effective May 2, 1990, applies to Green Bird Landscaping with annual
licensing required because the proposed quantities of materials are greater than the
licensing threshold of ten gallons for liquids and five pounds for dry materials.
Plumbing Code and 314 CMR 18-Industrial Wastewater Holding Tank and Container
Construction Operation and Record Keeping Re uirements.
The building design 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 floor drains connected by
piping to a waterproof 2000-gallon concrete holding tank with an impervious membrane
liner which serves as secondary containment, a high-level liquid detection monitor and a
leak detection monitor. Both monitors are connected to audio and visual alarms.
Inspection of Present location in Harwich
Co-owner Rodrigo Epifanio assisted me with an inspection of the present location in
Harwich on March 14, 2024. 1 found the business in good order with no issues of
concern. Some additional measures beyond what was present are required by
Yarmouth regulations and Mr. Epifanio has plans to achieve compliance with all
Yarmouth regulations and conditions.
Other Information
Most employees will spend most of their work time in the field at job sites.
Hazardous Materials Delivery and, U,nloading
The proposed bags of ice melt will be delivered to 11 Corporation Rd. by a vendor.
Each delivery will consist of up to two pallets of 50-pound bags totaling 4900 pounds.
The individual bags of ice melt are secured to the pallets with plastic wrap and the
vendor will use a forklift to place the pallets inside the building upon delivery. The 4900-
pound limit on ice melt represents two pallets of ice melt.
All liquid materials, organic fertilizer and polymeric sand will be purchased, brought
onsite, and moved inside immediately by Green Bird Landscaping employees,
Toxic or Hazardous Materials Storage
All solid or dry materials are proposed to be stored inside Bay 6 on the concrete floor
fd
All liquid materials will be stored inside the building, within either a flammables materials
cabinet as required by Fire Code or within open secondary containment which can take
different forms.
Waste oil resulting from motor vehicle service will be stored in five -gallon containers, up
to ten gallons in total quantity, and in secondary containment.
Toxic or Hazardous Materials Use
Motor vehicle fluids will be used onsite by employees in servicing company vehicles and
equipment.
Vehicle wash detergent will be used in the bays by employees washing company
vehicles.
No irrigation system materials are proposed to be used onsite. The materials will be
stored until they are transported to, and used at, job sites.
The mobile vehicle service vendor will bring his own new vehicle fluids onsite.
Toxic or Hazardous Materials Disposal
Waste oil, used oil filters, and used fuel filters will be generated by employees servicing
company vehicles and will be removed by the mobile vehicle service vendor.
Alternately, waste oil might be brought for proper disposal to the auto parts store from
which the new oil was purchased.
Vehicle wash water will be pumped from the holding tank by a pumping contractor and
disposed at a wastewater treatment plant.
Leftover road salt -sand mix will be returned to the vendor within two days following
snow or ice events.
Toxic or Hazardous Materials Loading and Removal
Materials designated for use in the field will be manually loaded into company trucks
and trailers by employees for transport to job sites.
Environmental Safeguards
1) All employees will be trained in spill response in accordance with the Emergency
Spill Response Plan developed by Green Bird Landscaping and reviewed by the
Health Dept. A copy of the plan was submitted for BOH review in preparation for
their meeting on April 1.
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2) Spill response materials in the form of various absorbents will be maintained
onsite, labeled, with their location, once determined, listed in the Emergency Spill
Response Plan.
3) Personnel Protective Equipment (PPE) will be maintained onsite with its location,
once determined, listed in the Emergency Spill Response Plan.
4) The spill plan will be available onsite as required by regulation.
5) Vehicle washing will be conducted inside the building with wash water captured
by floor drains connected to a holding tank designed in accordance with State
regulation.
6) The holding tank system has been designed in accordance with 314 CMR 18, by
Mr. Edward L. Pesce, a Massachusetts -licensed Professional Civil Engineer. The
plans are titled Proposed Commercial Building, Detail Sheet, dated September
19, 2023, Revision No. 4, dated 3-5-24. A copy of the plans was included for
BOH review in preparation for their meeting on April 1. The vehicle wash system
from the bay floors to the holding tank including all piping and monitoring devices
will be tested for proper operation annually by a Massachusetts -registered
Professional Engineer (P.E.) trained in civil, mechanical, or sanitary engineering.
The results of the test are required to be documented in writing by the engineer
and submitted to the Health Dept. This is the same requirement applied to other
vehicle wash systems in use at several businesses located within the APD.
7) Mr. Edward L. Pesce, who designed the plans, confirmed in writing the system
can be tested according to BOH requirements. The requirements are listed on
Page 7 of this memo under the heading BOH Hearing and Recommendations
item 4d. A copy of the letter was included for BOH review in preparation for their
meeting on April 1
Board of Health Re ulation
The Board of Health Regulation requires the following regarding toxic or hazardous
materials handling and storage which applies to the proposal by Green Bird
Landscaping.
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.
4) All materials must be protected from vandalism.
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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.
7) Any waste material must be properly disposed of by a licensed hazardous waste
hauler.
8) Spill response materials must be kept onsite.
BOH Hearina and Recommendations
Mr. Rodrigo Epifanio, his attorney Mr. Patrick Nickerson of The Law Office of John W.
Kenney, and his engineering representative Mr. Brian Wallace of Pesce Engineering &
Associates Inc. presented the proposal to the BOH at the regular board meeting on April
1, 2024. The BOH approved recommending the proposal of Green Bird Landscaping,
Inc. to the ZBA by a unanimous vote with four members present and voting. 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 five (5) conditions listed below. These conditions
are in addition to the strict scope of the regulation and are intended to provide additional
protection for the APD.
1) The storage of liquid toxic or hazardous materials is limited to ninety gallons.
2) The storage of dry toxic or hazardous materials is limited to 5800 pounds.
3) A detailed material spill containment plan must be conspicuously posted at all
times and all employees must be familiar with the plan.
4) An emergency phone number for the building owner (and landlord) must be
clearly and continuously posted on the outdoor holding tank alarm panel.
5) The business owner must submit an annual report to the Health Dept. along with
the annual Toxic and Hazardous Materials License application package and
include the following:
a. A narrative of leaks, spills, and other events.
b. A summary of water usage, pumping frequency and amount of water
removed from the system.
c. Monthly verification of all circuits, monitors, probes, alarms, and systems
for proper operation with the results noted by employees on a log. The log
is to be submitted with the annual report.
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d. An annual fetter from a Massachusetts -registered Professional Engineer
trained in civil, mechanical, or sanitary engineering. The letter must
include items 1-7 listed below.
1) The wash bay floor is competent and free of any cracks, gaps,
or imperfections.
2) All resulting wash water is captured by a competent floor drain.
3) The pipeline(s) from the vehicle wash bay floor drain(s) to the
holding tank tests tight according to a static water test.
4) The Nigh -level liquid alarm monitor within the tank is operational,
5) The leak detection monitor is operational to detect any leak from
the primary holding tank.
6) The audio and visual alarms connected to the high-level liquid
monitor and leak detection monitor are operational.
7) As a result of the previous items found in passing condition
there is no discharge to the environment.
The Board of Health and Health Department respectfully request that if this proposal is
approved by the ZBA, the preceding five (5) conditions please be included in any ZBA
Decision. Furthermore, if the proposal is allowed by the ZBA, these items will be
included as conditions of the annual Board of Health license.
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