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Home My WebLink About5093 373 Whites Path Decision RecordedBk 6338 Pg56 #16321 04-30-2024 @ 09:40a TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: April 4, 2024 PETITION NO: 5093 HEARING DATE: March 14, 2024 PETITIONER: Joshua C. Wile and Jessica J. Thomas, Trustees of the Ceili & Lucy Family Investment Trust Dated April 15, 2016 PROPERTY: 373 Whites Path, South Yarmouth, MA Map 110, Parcel S Zoning District: B3 and APD Title: Book 30567, Page 122 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie, Richard Neitz, and Anthony Panebianco 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 Cape Cod Times, 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 allover a F3 use within the Aquifer Protection District (APD), or in the alternative, to modify Decision 4645 to allow for the expansion of the previously approved use on the site. 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. Decision 4645 permitted the Petitioner, in 2016, to store dry fertilizer and plant food inside the warehouse, but with each containing small concentrations of pesticide. Outside, at the rear of the property, they were permitted to store bagged soil and mulch. All products were to remain on the pallets upon which they arrive, and not to be broken down on site. The property is used for storage until transported to the Agway stores. The storage of fertilizer and plant food was limited to the size of the pallet rack structure in Unit A, the rear unit. The Petitioner proposes to now expand the inside storage from one unit to three units, again to be Iimited by the pallet rack system currently located in each bay. A TRUE COPY ATTEST oiw • �I7u4�r APR 2 5 2014 Bk 36338 Pg57 #16323 This use requires a Special Permit in the APD. The project has been well -vetted by the Yarmouth Board of Health, which issued a Memorandum (the "Memorandum") dated February 28, 2024 regarding the operation of the Petitioner's business at this location. On February 5, 2024, 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 Memorandum, that the proposal would continue to meet the requirements under the Bylaw for the issuance of a Special Pennit. As such, the Board of Health Memorandum is hereby incorporated in its entirety by reference, and is also attached hereto. The Board finds that the petitioner has demonstrated the requirements of Zoning Bylaw Section 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. Martin, seconded by Mr. Neitz, to amend the existing Special Permit filed as Decision 4645, as requested, incorporating all Board of Health Regulations and conditions in the Memorandum, specifically recited on Pages 5-6 thereof The members voted as follows: Mr. Martin AYE Mr. Igoe AYE Mr. Fraprie AYE Mr. Panebianco AYE Ms. Neitz AYE The motion passed by a unanimous vote of 5-0. The Board also voted, unanimously, to allow the Petitioner to withdraw, without prejudice, any other request for relief. 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) { w Sean Igoe, Vice Chair ft TR1.FE G 0 P Y ATTIE ST. ' .. .tiW i 1•t.. Tip �. �.. .-.-'♦ APR 2 5 24A Bk 36338 Pg58 416323 CERTIFICATION OF TOWN CLERK 1, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the tiling with me of the above Board of Appeals Decision N5093 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. IF Mary A. Maslowski, CMG APR 2 5 2024 APR 2 5 2024 Bk 36338 Pg59 #16323 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5093 Date: April 25, 2024 Certificate of Grantinz of a Special Permit (General Laws Chapter 40A, Section l l ) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Joshua C. Wile and Jessica J. Thomas, Trustees of the Ceili & Lucy Family Investment Trust Dated April 15, 2016 Affecting the rights of the owner with respect to land or buildings at: 373 Whites Path, South Yarmouth, MA Map 110, Parcel 8; Zoning District: B3 and APD; Title: Book 30567, Page 122 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 tiled. 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 Clerk and no appeal has been tiled 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 naive 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. -t Sean Igoe, Vice Chair PvT UJ JOHN BMNSTAHLE`UYW TRY OF OEEC Ogre-WT%Mn a Dw nnnwn wrL`n' D^MTnWr T%