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HomeMy WebLinkAbout5100 11 Corporation Rd Attorney Narrative Rec'd 04.18.24TO - FROM: PETITION NO.: HEARING DATE: APPLICANT PROPERTY: ASSESSOR'S MAP: LOT SIZE: ZONING DISTRICT: MEMORANDUM Zoning Board of Appeals Patrick R. Nickerson, Esq. 5100 April 25, 2024 CECEIVED APR 18 2024 YARMOUTH BOARD OF APPEALS Green Bird Landscaping, Inc., Rodrigo Epifanio, President 11 Corporation Road Yarmouth Port, MA Map 93, Parcel 28.5 47,242 Sq. Ft. f B-3/APD RELIEF REQUESTED: 1. Applicant is seeking a Special Permit pursuant to Section 202.5 and as allowed by Section 406 to allow a contractor's yard in the B-3 Zoning District and Aquifer Protection Overlay District. 2. Applicant is seeking a Variance from Section 301.4.3 to waive the requirement that the driveway shall be comprised of two (2) travel lanes each not having more than twelve (12) feet nor less than ten (10) feet in width. 3. Applicant is seeking a Variance from Section 301.4.9 to waive the requirement that lots in B3 Districts containing a business or industrial use shall include a twenty (20) foot wide buffer along those boundaries of the lot which are adjacent to a way. 4. Applicant is seeking a Variance from Section 301.4.9 to waive the requirement that lots in B3 Districts containing a business or industrial use shall include ten (10) foot wide buffers along the boundaries of the lot not adjacent to a way. 5. Applicant is seeking a Variance from Section 203.5 to waive the requirement of a minimum thirty-foot (30') rear setback. BACKGROUND The subject property is located at 11 Corporation Road, Yarmouth Pork Massachusetts. The property is undeveloped land owned by the Cloud Five Trust. A copy of the Deed has been submitted to the Zoning Board of Appeals as part of the application for relief. The property is shown as Lot 5 on an Approval Not Required ("ANR") Plan that was recorded in the Registry of Deeds in Book 618, Page 18 on June 1, 2007. It is shown as Lot 28.5 on the Town of Yarmouth Assessor's Map 93. A copy of the recorded ANR Plan and a copy of the portion of Assessor's Map 93 showing Parcel 28.5 are attached hereto as Exhibits I and 2 for your review. The narrow section of the "flag" shaped lot makes it impossible to construct a road wide enough for business purposes without zoning relief. According to the comments received from Community Development and Planning at Site Plan Review, this issue was identified by the Engineering Division at the time of the ANR. The subject property is located in the B-3 Zoning District and the Aquifer Protection District. The property is not located in an area on the Yarmouth recommended plan dated January 2023 designated for the installation of municipal sewer. The Applicant, Green Bird Landscaping, Inc., Rodrigo Epifanio, President, ("Applicant") seeks to acquire, develop, and occupy a portion of the developed property as its principal place of business. Assuming that all local and governmental approvals are issued, an LLC naming Rodrigo Epifanio as Manager would take title to the land, and Green Bird Landscaping, Inc., would occupy a portion of the developed property as a tenant of the LLC. The Building Commissioner has advised that he will not issue a building -wide certificate of occupancy and that each individual tenant must obtain their own certificate of occupancy prior to using the developed premises. The Building Commissioner has also advised that the Applicant may include the desired relief on one application. For these reasons, the named Applicant is Green Bird Landscaping, Inc., and not the LLC that will hold title to the land if all approvals are obtained. No LLC has been formed as of today's date. The Applicant received approval from the Old Kings Highway Regional Historic District Committee on October 11, 2023 (see Exhibit 3), attended Site Plan Review on October 31, 2023 (see Exhibit 4), and has been communicating with the Health and Building Departments regarding its proposed uses from January to April 2024, and received a unanimous recommendation from the Board of Health on April 1, 2024. DESCRIPTION OF PROPOSED PROJECT The Applicant proposes to construct a new commercial building containing 7,000 square feet. The building will have a standing scam metal roof; steel wall panel siding; a 1-foot high concrete kicker wall around the perimeter, and seven (7) overhead doors. In addition to the commercial building, fourteen (14) parking spaces, stormwater management system, septic system, grading, utilities, holding tank, fire hydrant, landscaping, fencing, lighting, 2 and dumpster are proposed. The completed building would utilize Town water and receive natural gas service. The proposed building would consist of six (6) contractor bays. Bays numbered one through five will be approximately 1,000 sq. feet each and feature a floor drain and half bathroom. Bay number six will be a so-called "double bay" totaling 2,000 sq. feet and feature two -floor drains and two half bathrooms. The floor drains will connect to a 2,000- gallon holding tank. Upon completion of construction, the Applicant intends to occupy Bay #5 as shown on the Site Plan, and Bay #6, the double -bay. The remaining four (4) bays would be rented to other commercial tenants. Presently there are no known tenants as the building has not been constructed. The Applicant's proposed uses on -site will assist in its delivery of landscaping and snow Plowing services offsite. Those proposed onsite uses have been itemized in the Memorandum from Carl E. Lawson dated April 8, 2024. A Table describing the intended quantities and types of toxic or hazardous materials is attached hereto as Exhibit 5. The Applicant is proposing a number of safeguards to protect against the risk of an accidental spill or release into the environment, including the requirement that all materials be stored indoors and a requirement of 150% secondary containment. An emergency spill response plan has been developed with associated emergency contacts (see Exhibit 6). The Applicant is also proposing a 2,000-gallon Non -Hazardous Industrial Wastewater Holding Tank designed in accordance with 314 CMR 18. The proposed tank is capable of being tested and inspected in compliance with Yarmouth Health Dept. requirements. A Letter from Ed Pesce, P.E. to this effect is attached hereto as Exhibit 7. ZONING BACKGROUND The property is located in the B-3 Zoning District. The minimum Iot size is 40,000 square feet. Locus contains 47,242 Sq. Ft. ± square feet. The proposed use is a contractor's yard which is an allowed use in the B-3 Zoning District as provided in Section 202.5 of the Bylaw, but a Special Permit for the use is required under Section 406 of the bylaw because the property is located in the Aquifer Protection Overlay District and because the Applicant proposes to store quantities of toxic or hazardous materials in excess of those stored in ordinary household use. The Applicant notes the Memorandum from Carl E. Lawson Jr. cites to subsection 406.5.1.1(3) of the Bylaw, however, this subsection relates to one of the required conditions precedent to a Determination of Special Permit Non -Applicability made by the Building Commissioner in Section 406.5.1.1. The Applicant is seeking no such determination and is instead seeking a Special Permit under Section 202.5 and as allowed by Section 406, which by its nature includes subsection 406.5.1.1(3). The Building Commissioner has reviewed the citation provided by Carl E. Lawson Jr. and has indicated to Ms. Fallon that the Applicant's citations to Section 202.5 and Section 406 are sufficient. 3 The property is a "flag" shaped lot with a narrow driveway width. Given the unique shape of the lot, and narrow driveway width, the Applicant is requesting variances and waivers from certain requirements of Sections 301.4.3, 301.4.9, and 203.5 of the Bylaw related to minimum driveway travel lane widths, minirnrmi landscape buffer widths, and minimum rear setback. SPECIAL PERMIT CONDITIONS AND ARGUMENT Section 103.2 of the Zoning Bylaw empowers the Zoning Board of Appeals to grant Special Permits. Section 103.2.2 authorizes you to grant a Special Permit if you find that the Applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. Section 103.2 provides that supplemental permit criteria may be applicable for specific uses and types of development. Section 406.5 has additional requirements. Following is an itemization of the Special Permit requested by the Applicant and an explanation as to how the project meets the criteria for granting the requested Special Permit: Use of Property as a Contractor's Yard - Section 202.5 of the Bylaw allows for the use of property in the B3 Zoning District as a contractor's yard. However, since the property is also located within the Aquifer Protection Overlay District (Section 406 of the Bylaw), and because the proposed storage of hazardous materials exceeds those normally associated with household use, a Special Permit is required pursuant to Section 406, The Applicant appeared before the Site Plan Review Team on October 31, 2023. The Site Plan Review process resulted in several conditions, which will ensure compliance with the Bylaw requirements for issuing the Special Permit. At Site Plan Review, the Building Inspector informed the Applicant that an Occupancy Permit for the entire building will not be issued. Instead, each individual unit will be issued a Certificate of Occupancy. Any change in use, occupancy, or ownership, will require a new Certificate of Occupancy. The application for occupancy shall be reviewed by the Building Department, the Yarmouth Fire Department, and the Yarmouth Board of Health see Site Plan Review Comment Sheet Date: October 31, 2023, attached hereto as Exhibit 4. The Community Development and Planning Department recommendations that buffer trees be added to the westerly boundary line and solid 6' fencing were incorporated into the plan bringing it further into compliance with the design and operational requirements of the Bylaw. M The Health Department had extensive comments on the project plan. The technical comments regarding the engineered plans have all been incorporated, bringing them into compliance with the design and operational requirements of the Bylaw. Further, the Health Department requirements of 150% volume secondary containment, DEP compliance, and certification letter requirements are carried forward through the Carl E. Lawson Jr. Memorandum. The comment that a Variance is needed was later retracted. See Exhibit S. Similarly, the comment prohibiting vehicle washing has been supplanted by the recommendation of the Board of Health with Conditions as detailed in the Carl E. Lawson Jr. Memorandums. The conditions and protocols set forth by the Building, Health and Fire Departments are designed to ensure compliance with the intent of the Bylaw and its specific criteria. The Fire Department's comments resulted in further edits to the engineered plans to the Fire Department's satisfaction. An email from the Fire Department to that effect was provided in the application for zoning relief. The Detail Sheet (Sheet 7) demonstrates the specifications of the Holding Tank which will protect against toxic or hazardous materials discharges or spills. All liquid toxic and hazardous material releases not contained via 150% secondary containment (required by the Carl E. Lawson Jr. Memorandum) will flow to the holding tank with secondary containment and audio/ visual alarm system via interior floor drains. The alarm will sound when the tank is 75% full and has 500 gallons of remaining capacity. The Proposed Conditions Plan (Sheet 3) shows that runoff from impervious surfaces will be recharged on -site through the proposed sediment forebay, leaching pit, and infiltration basin for surface infiltration bounded by trees along the westerly boundary. The proposed design is outside the Conservation Commission's Jurisdiction. In summary, the property is located toward the end of Corporation Road, a road having similar -style buildings and industrial/commercial uses. If approved, the project will result in a substantial improvement of an undeveloped, underutilized lot. No undue nuisance, hazard, or congestion would be created, there would be no substantial harm to the established or future character of the neighborhood or town. The proposed uses as detailed in the Memorandum from Carl E. Lawson received unanimous support from the Board of Health on April 1, 2024. VARIANCE CONDITIONS AND ARGUMENT Section 102.2.2 of the Bylaw authorizes the Zoning Board of Appeals to grant a variance if you find all of the following criteria are met: 5 1. Literal enforcement of the provisions of this Bylaw would involve a substantial hardship financial or otherwise, to the petitioner or appellant. 2. The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. 3. Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this Bylaw. The Applicant is seeking four (4) variances related to the unique shape of the Iot. 1. Waiver of DrivewaX Travel Width — Section 301.4.3 of the Bylaw requires the driveway shall be comprised of two (2) travel lanes each not having more than twelve (12) feet nor Iess than ten (10) feet in width. The Applicant is proposing a paved driveway totaling sixteen (16) feet in width which would allow two (2) travel lanes each having a width of eight (8) feet. In addition to the paved driveway, one (1) foot of crushed stone is proposed to be added on both sides of the paved driveway, increasing the width of each travel lane to nine (9) feet, and increasing the total width of the driveway to eighteen (18) feet. 2. Waiver of Twenty 20 foot wide buffer along boundaries of lot which are adjacent to a wa -� Section 301.4.9 of the requires that lots in B3 Districts containing a business or industrial use shall include a twenty (20) foot wide buffer along those boundaries of the lot which are adjacent to a way. The Applicant is proposing to add Landscaping along the front boundary lines adjacent to Corporation Road, where feasible, given the dimensions and shape of the lot, while preserving sight lines for vehicles turning in and out of the lot. 3. Waiver of Ten 10 foot wide buffers along the boundaries of the lot not adjacent to a way— Section 301.4.9 of the Bylaw requires B3 Districts containing a business or industrial use shall include ten (10) foot wide buffers along the boundaries of the lot not adjacent to a way. The Applicant is proposing to add a ten (10) foot buffer along the boundaries of the lot, where feasible, given the dimensions and the shape of the lot. 4. Waive the requirement of a minimum thirty-foot 30' rear setback; Section 203.5 of the Bylaw requires a rear setback of30 feet. As described in items numbered 1, 2, and 3 above, the Applicant is requesting a waiver of the minimum required driveway width (10'-12' required), minimum buffer width along boundaries adjacent to a way (20' buffer required), and minimum buffer width not adjacent to a way (10' required). A literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship to the Applicant, as the development of the property necessarily requires the requested relief outlined in items 1, 2, and 3, above. The hardship is owing to circumstances relating to the shape of the subject property and especially affecting it, but not affecting generally the zoning district in which it is located. As noted in Site Plan Review, this relief is needed for any business use of the lot, which is located in the B-3 zone. Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this Bylaw. Despite the limitations caused by the shape of the lot, the Applicant is attempting to meet the intent of the Bylaw. This is demonstrated by proposing a 12' driveway travel lane widths at the top of the driveway, proposing landscaping to those boundaries adjacent to a way, and by proposing to add a G' privacy fence to the westerly boundary line to screen the driveway from the abutting property located at 5 Corporation Road. Granting the relief would not cause a substantial detriment to the public good as Corporation Road features similar -style buildings and industrial/commercial uses and the proposal will result in an enhanced buffer on Corporation Road, an enhanced buffer along most boundaries of the property, and be a substantial improvement from the current, undeveloped, and underutilized lot. As described in item number 5, above, the Applicant is requesting a waiver of the requirement of a 30' rear setback and is proposing a rear setback of 26.5 feet. This item was raised by the Building Commissioner in March of 2024. Relocating the property to the north to meet the rear setback requirement would interfere with the 10' side setback requirement and likely would disrupt the 10' landscape buffer requirement along the boundary of 17 Corporation Road. A literal enforcement of the provisions of the Zoning Bylaw would involve a substantial hardship financial to the Applicant. Given the costs of construction and costs of acquisition of the property, the Applicant is desirous of occupying two (2) bays and renting the remaining four (4) bays to other tenants. The hardship is owing to circumstances relating to the shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. Desirable relief in the form of a reduction of the rear setback by three and one-half (3.5) feet may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this Bylaw because the lot to the rear of the subject property is a fully wooded, town -owned lot. CONCLUSION ill In conclusion, the Applicant respcctfully requests that the Zoning Board of Appeals grant the requested relief. Respectfully submitted, MA A Patrick Nickerson Attorney for Rodrigo Epifanio, President Green Bird Landscaping, Inc., 1550 Falmouth Road, Suite 12 Centerville, MA 02632 508-771-9300 IT .b/8-/a, N 4.6Q.... > u g p xQQL D A a ZCL e�, S 2gp x N TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MA 02664-4451 - Telephone (508) 398-2231 Ext. 1292^-Fax (508) 398-0836 RECEIVED OLD KI PGOS HIGHWAY HISTORIC DISTRICT COMMITTEE SEP "? 0 202? 1 Ah(Av�i i � , � APPLICATION FOR [ OLD ING's_ I �vA�� ! CERTIFICATE OF APPROPRIATENESS Application is hereby made for issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts of 1973 as amended, for proposed work as described below & on plans, drawings, photographs, & other supplemental info accompanying this application. PLEASE SUBMIT 4 copies OF SPEC SHEET(s), ELEVATIONS, PHOTOS, & SUPPLEMENTAL INFORMATION. Check All Categories That Apply: Indicate type of Building: _ _ X Commercial Residential 1) Exterior Building Construction: _ New Building Addition Alterations Reroof Garage Shed —Solar Panels Other: 2) Exterior Painting: X Siding Shutters Doors Trim —X—Other: (Pre-Enginered metal bldg) 3) SignslBillboards: New Sign Change to Existing Sign 4) Miscellaneous Structures: Fence Wall Flagpole Pool Other: Please type or print legibly: Address of proposed work: I I Corporation Road, Yarmouthport, MA Map/Lot # _Mpa-9.3/Pa rcel 28.5 Owner(s): Cloud Five Trust Phone #: C 508-345-6600 All applications must be submitted by owner or accompanied by letter from owner approving submittal of application. Mailing address: Year built: Email: Sld Siddharth.com Preferred notification method: Phone X Entail Agent/contractor. Edward Pesce, Pesce Engineering & Associates, Inc. Phone#: 508-333-7630 Mailing Address: 43 Porter Lane West Dennis MA 02670 Email: Ed@PesceEnq.com Preferred notification method: Phone X Entail Descri .lion of Proposed Work: This project involves the construction of a new 1-story, 7,000 sf commercial contractor building, with associated driveway access, and parking arga. Signed (Owner or agent): t Data: ➢ Owner/contractorlagent is aware that a permdt is required from the Building Department. (Check other depart ents, also.) Y If application Is approved, approval is subject to a 10-day appeal period required by the Act, ➢ This certificate is good for one year from approval date or upon date of expiration of Building Permit. whichever date shalt be later- * All new construction will be subject to inspection by OKH. OKH-approved plans MUST be available on -site for framing & final inspections. Rcvd [Date: 41 v''3 Amount 5-b f k CashICK #: Rcvd by: L 45 Days: Date Signed: Approved Approved with Modifications Denied Reason for Denial: Signed: 02 i �Ai�iP�iVu; � f V APPLICATION #: 931 A 12 Formal Review SITE PLAN REVIEW COMMENT SHEET Date: October 31, 2023 Map: 96 Lot: 28.5 Applicant: 5helder Carvalho Green Bird Landscaping, Inc, Location: 11 Corporation Road Zone: B31APD Persons Present: KathyWilliams Ed Pesce Lt. Matt Bearse Sidharth Sidharth Ca t. Kevin Huck Shelder Carvalho Ban Lewis Rodri o E ifanio Mark Grylls I Laurie Ruzala Project Summary This project involves the all new construction of a new 1-story 7,000 sf commercial contractor building, with driveway access and parking area. Comments Pff dins: Project is located in zoning district B-3 and the APD overlay district. Structures appear compliant. OKH approval will be required as the application states. Disturbance area may require a Stormwater Management Permit with Con.Com Driveway entrance cannot meet the buffer requirements and will not comply with section 301.4.9 of the zoning bylaw and requires relief from the ZBA. All proposed lighting to comply fully with section 301.4.10. It is understood that there are no potential tenants / occupants identified at this time. All occupants will be required to obtain a Certificate of Occupancy from the Building Dept. prior to occupancy. The application shall be reviewed by Health and YFD. All construction to comply with all applicable sections of TOY Zoning Bylaws, 780 CMR and appendant codes. ,l �smmunity Development„and Plannintt: The parcel at 11 Corporation Road was created via an Approval Not Required YY (ANR) Plan (#2217-1) in 2007. Although the lot technically had the required amount of frontage at that time necessitating an Endorsement from the Planning Board, it is essentially a flag lot with a 20' wide "neck" to the developable portion of the commercial property (flag lots are only allowed for residential properties under certain circumstances). The narrow section makes it impossible to construct a road wide enough for business purposes with the required 10' buffers on each side, essentially requiring relief for any development of the property. This issue was identified by the Engineering Division at the time of the ANR. Due to this issue, the current proposed project will not meet the driveway width requirements of Section 301.4.3 or the 10' buffer requirements of Section 301 A.96 for the driveway access. As this is new construction, and not redevelopment, a Variance rather than a Special Permit appears needed. The 5' wide roadway easement onto the property at 17 Corporation Road impacts the 10' buffer shown on the attached Site Plan for ZBA Decision 4759 for 17 Corporation Road. Any impacts to the design or conformity of 17 Corporation from this proposed easement needs to be addressed. Add buffer trees on the western property line near the infiltration basin. Consider 6' solid fencing rather than chain link. Conservation: Outside Conservation jurisdiction. Design Review: Not present, the project is located north of Route 6 and is subjectto Old Kings Highway. En in=d : No Comments. VA ire: Fire Department access requires 20-foot-wide roadway, Fire department can approve smaller with building d� owner proposed fire protection improvements. Max allowed gasoline on truck and trailer is 21 gallons. Fire department lock box recommended. The sweep path analysis shown does not match current Fire engine specs. tLa—lttl: The Property is located in a zone 11, A variance from the BCH will be needed All prospective tenants must consult with the Health Dept. for approval of their proposed use and to obtain any required licenses or permits before renting units. Any use or storage of toxic or hazardous materials requires prior Health Dept. approval. Toxic or hazardous materials storage exceeding 10 gallons requires a Board of Health license. Toxic or hazardous materials storage exceeding 20 gallons requires a Board of Health license and zoning relief from the Zoning Board of Appeals. Such relief is not guaranteed. All toxic and hazardous materials storage requires 150% volume secondary containment in addition to other requirements. All outdoor storage of materials including, but not limited to, those used in landscaping, require Health Dept. review and approval. Vehicle washing operations are not allowed onsite either inside or outside of any building regardless of whether a holding tank receiving flow from the contractor bays is in place. Regarding engineered plans labeled: Proposed Conditions Plan, Sheet 3 of 7 and Detail Sheet, Sheet 7 of 7 both with Engineering by Pesce Engineering, dated September 19, 2023, with revisions dated 10- 16-23, all references to the term "Tight Tank" should be revised to "Holding Tank" to avoid confusion with septic tight tanks which are regulated by a separate CMR and have different design requirements. Additionally, on Sheet 7 of 7, the 1000-gallon concrete holding tank must be waterproofed as required by 314 CMR 18.08 (3) (b) 2. "the secondary containment shall be constructed or lined with compatible material". In this instance the Miller Environmental Corp. impervious liner will serve as the primary containment since it will be inside the holding tank and the holding tank will serve as the secondary containment. The designing engineer must complete the DEP compliance certification and provide a copy to the Health Dept. The design engineer must submit a signed, stamped certification letter to the Health Dept, 0 Hater: Proponent should specify the size and material of the water services. f t� ; To: Zoning Board of Appeals, Town of Yarmouth From: Green Bird Landscaping, Inc. Toxic & Hazardous Materials to be Used or Stored in the Premises Location Number Size Product Total Shop 2 5 Gallon Unleaded Gasoline (backup) 10 gal. Shop 2 1 Gallon Mobil Engine Oil SAE 5w-30 (backup) 2 gal. Shop 2 1 Gallon Kawasaki Engine Oil SAE 10w-30 2 gal. Shop 4 1 Gallon Prestone Anti -freeze Coolant 4 gal. Shop 2 1 Gallon Husqvarna 2-cycle Engine Oil 2 gal. Shop 4 1 Gallon Windshield wiper fluid 4 gal. Shop 2 2 quart Acetone (Landscape Adhesive) 4 quart Shop 5 1 Blue Coral Biodegradable Detergent 5 gal. Shop 2 1 quart Brake fluid 2 qt. Shop 12 14 ounce All-purpose grease 6 qt. Shop 2 5 Gallon Used engine oil 10 gal. Shop 2 .75 quart All-purpose bathroom cleaner 1.5 qt. Shop 2 1 Gallon All-purpose cleaner 2 gal. Shop 2 5 Gallon Concrete Antifreeze 10gaL Shop 2 6.5 oz Corrosion Inhibitor .4quart Shop 2 1 quart PVC Cement Irrigation 2 quart Shop 2 1 quart PVC Primer 2 quart Shop 2 5 Gallon Diesel Gas 10 gal Shop 3 Ride -on mowers Unleaded Gasoline 15 gal Shop 5 Small engine equip. Unleaded Gasoline/ Oil mix 5 gal (Liquid) Shop Total: 86 gallons Liquid Shop Total Limit: 90 gallons Shop 2 Pallet Ice Melt 4,900 lbs. Shop 6 50 lb. bag Plant -Tone Organic Fertilizer 300 lbs. Shop 10 50 lb. bag Techni-seal Polymeric Sand 500 lbs. (Solid) Shop Total: 5,700 lbs (Solid) Shop Total Limit: 5,800 lbs. �1 ■ � �� GREEN BIRD LANDSCAt IXG, INC. t l C01.1]o1•aation Road Ya11.11101101 PO"t, MA 02075 508-534-9945 FOR GREEN 131R1« LANDSCAPING, INC. 11 Co1.11(1•altion Road Units 5-6 V11rt11o11th Port, MA 02675 508-534-9945 1) Evacuate the areaif there is a risk ot" injury dtle to F1t'e, l'tr111es, car ot.l]cr factors ?) Notify Che Yartllouth 1'rrc Dclzt. (9-1-1 foE• u11111e(fi ltc t111'ealt to life alnd/or salety). lot' rele,,es not creating an ilntnediate tilrezt to life aticllar safety t]otify fhc Ya1n]outll fire Dn artt]]ent at 508-398_2 21 and Health Dept. at 508-398-223 f e ct. 1421 if the rnlcasc aln]ottnt is ill excess of'al]e gallon of ally toxic of hazardous material. No tlotil'icatioll is t'crluired for rcic.ase atnotlllis of less than one-at11ot1, a1t11ottah these releases are still required to be properly eletlned up. ,} Be certain to use at]y tleeded Personal Protective: Equipment (PPE) located at TBD upol] occttpane . Y 4) EXtinguish any igl]ition sotirces. 5) Rciler to the; Safcty Data S1]ect(s) (SDS) lrar'(lle 1'cle"lse f a7. i 1{s). 6) lf'safc to CIO so stop the leak or shill. Keep spilled rllatcri111 li'otn cntol'ltly stol'lll dtillns. 7) Contain and absorl) ills slJlll t1sil1c, TBD upon occupancy ill t'11e cotltailllc r labellecmaleriI 11i1 SPQNSE n,1 .i.e. Clay )el]t pads and/or bootl]s that are located A l"LRIALS. 81 Notify Mass. 1Jept. of 1 1]ViEb1111]L'ntall PI'atectiori (DBP) at 888-304-1 133 for arty s ills over thresholds. Alsc), as stalled above 1]otilY Yitrl]loutl] 1=rt'c and Health. p applicable �1) 10 gaallons lot• petroleum -based oil h) l 0 gallons fior gratsolirle c) 10 PO--UnS for ethylene glycol cnilln aultil'rcCre (Br-- AWARE OF DE~P R1wPORT1NC LIMITS FOR ALL O1- YOUR STORED MATE ALS 9) Containerize spent absorbents in col]tail]cl' that is 10cated ill the TBD upan occupancy... USED ABSORBEN'Z'S" and la beled "fop, 10) Contact a licensed hazardous waste hatllct• 1i:)r rcn]oval 01'sPent absorbents. Global Remediat 1005. !-leather Atwood of' Global Remediatioll C 17-592- . tot] SOS-82S- b991. f � March 7, 2024 Mr. Carl E. Lawson, Jr. Hazardous Waste Inspector Town of Yarmouth Health Office 1146 Route 28 South Yarmouth, MA 02664 Subject: Proposed Industrial Wastewater Holding Tank, 11 Corporation fed., Yarmouthport, MA Dear Carl, This letter is provided to document the design of the Non -Hazardous Industrial Wastewater Holding Tank to support the proposed commercial contractor building to be located at 'I 1 Corporation Road, Yarmouthport, MA. This Holding Tank, as shaven in construction details on Sheet 7 0€ 7, of the project civil engineering site plans, dated September 19, 2023, and revised March 5, 2024 (Revision #4 - attached) has been designed in accordance with 314 CMR 18. As a result, I wish to state for the record that this Holding Tank can be tested & inspected in compliance with the Yarmouth Health Dept, requirements and parameters as follows: 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 from the vehicle wash bay floor drain to the holding tank tests tight according to a static water test. 4. The high-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. As required by 314 CMR 18.10, within 60 days of the installation of the Holding Tank and associated drain piping & alarms), we will submit the one-time compliance certification to DER and provide a copy of this certification to the Board of Health. Proposed Industrial }Wastewater Holding Tank, 11rCorporation Rd March 7, 2024 Page 2 Thank you for your help with this project, and please contact me if you have any questions. Sincerely, PESCE ENGINEERING & ASSOCIATES, INC. Edward L. Pesce., P.E., LEE© 0 AP Attachment. Revised Civil Engineering Site Plans. 5 March 2024 cc: Shelder Carvalho & Rodrigo Epifanio, Green Bird Landscaping, Inc. Partick Nickerson, Esq., Law Office of John Vol, Kenney nj--" .--.--- ���- =rvUrntEERING & ASSOCIATES, INC. 43 Porter Lane, 'West Dennis, MA 02670 Phone 508-333-7630 OEM From: Lewis. Barry To: Edward. PescP Subject: site plan review Date: Tuesday, October 31, 2023 4:02:26 PM After further discussion with Mark and Jay it was brought to my attention that you will not need a variance from the Board of Health. Thankyou Barry L Lewis Assistant Director of Health Town of Yarmouth