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Home My WebLink About5092 3,9,15 Enterprise Rd Decision Recorded13k 36338' Pg62 #16324 04-30-2024 @ 09:47a TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: April 4, 2024 PETITION NO: 5092 HEARING DATE: March 14, 2024 PETITIONER: George J. Hill, Trustee of the Loran Realty Trust and Louise L. Hill, Trustee of Enterprise Nominee Trust PROPERTY: 3, 9 and 15 Enterprise Road, Yarmouth Port, MA Map 93, Parcels 31, 32 and 33 Zoning District: B3 and APD Title: Book 29112, Page 76 Book 34186, Page 56 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 allow a F3 use within the Aquifer Protection District (APD), or in the alternative, to modify Decision 4531 to allow for the expansion of the existing uses at 9 and 15 Enterprise Road to include 3 Enterprise Road. The lot is located in the B3 Zoning District and contains approximately 33,636 square feet of area, and is currently improved with two structures, one having approximately 4,580 square feet (9 and 15 Enterprise Road) and the other having approximately 2,480 square feet (3 Enterprise Road), both built in the 1970's. Decision 4531 permitted the Petitioner, in 2014, to pen -nit their operation of marine engine maintenance and repair, fluid changes, boat bottom painting, the installation of marine electronic devices and hardware at the properties at 9 and 15 Enterprise Road. At that time, Millway Marina proposed, and after a hearing before the Yarmouth Board of Health, was permitted to store up to 200 gallons total of toxic or hazardous materials in the form of new oils, waste oils, solvents and paints to support the above mentioned functions. With that approval, the applicant proceeded to the Yarmouth Zoning Board of Appeals on June 26, 2014, and secured a Special Permit in Decision 4531. A TRUE COPY ATTEST. Fk44*a. FIA�� M C MC!TOWN CL'wi.K APR 2 5 2024 Bk- 36358 Pg63 #16324 Since that date, the adjacent property at 3 Enterprise Road has been leased to Millway in order to expand its operation. The identical uses being made of the property at 9 and 15 Enterprise Road are proposed for the property at 3 Enterprise Road, in addition to fiberglass repair. It is the intention of Millway that the title to the two properties, currently held in separate real estate trusts, will be combined and that the lots will be combined by way of an 81 Y plan to be recorded at the Barnstable Registry of Deeds. Applicant is not proposing any velvcle washing, nor vehicle fueling. The applicant is now again before you seeking to expand the uses previously permitted to include 3 Enterprise Road and the building located there. The extension of the previously issued Special Pen -nit will allow an increase in the allowed volume of toxic or hazardous materials from 200 gallons to 900 gallons for all of the properties used by Millway Marina. The increase is due, not only to the addition of another property to the campus, but also due to the marine industry shift away from two-stroke outboard engines, which requires oil to be mixed with gas, to a four- stroke outboard engine, which contains oil in the crankcase of the engine, and thus an increase in oil changes. The project has been well -vetted by the Yarmouth Board of Health. 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. Carl E. Lawson, Jr., the Hazardous Waste Inspector from the Board of Health, has submitted a Memorandum dated February 27, 2024, which outlines the historical use of the property and the conditions by which he believes that the expansion request can occur without adversely affecting the aquifer. The Board of Health is confident that the uses proposed by the Applicant will be in keeping with the requirements of Section 406 of the Zoning Bylaw. Although at least one Board Member expressed a concern regarding the number of gallons being stored on site, no one spoke in opposition to the proposal. This Board was impressed with the thoughtful Memorandum drafted by Mr. Lawson, 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 Permit. 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 modification of Special Permit 4531, as 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. The Board also 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. Fraprie, seconded by Mr. Panebianco, to amend the existing Special Pen -nit filed as Decision 4531, as requested, incorporating all Board of Health Regulations and conditions in the Memorandum dated February 27, 2024, specifically recited on Pages 6-7 thereof, and that petitioner plant at least 5 additional trees (deciduous or conifer) along A TRUE COPY ATTEST.' AMP 0PR 907L Bk 36338 P964 #16324 the property boundary fronting on Corporation and Enterprise Road. The members voted as follows: Mr. Martin AYE Mr. Igoe AYE Mr. Fraprie AYE Mr. Panebianco AYE Ms. Neitz NAY The motion passed by a 4-1 vote. 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 noticeldecision 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) Sean Igoe, Vice Chair CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5092 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. );kVOT)i . Mary A. Maslowski, CMC APR 2 5 2024 A T R U F COPY P.-IT E T; 1.93 APR 2 5 2024 Bk 36338 Pg65 *16324 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5092 Date: April 25, 2024 _Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 1 l ) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: George J. Hill, Trustee of the Loran Realty Trust and Louise L. Hill, Trustee of Enterprise Nominee Trust Affecting the rights of the owner with respect to land or buildings at: 3, 9 and 15 Enterprise Road, Yarmouth Port, MA; Map 93, Parcels 31, 32 and 33; Zoning District: B3 and APD; Title: Book 29112, Page 76; Book 34186, Page 56 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 Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissal 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. �t cam' r'� r Sean Igoe, Vice Chair r Apr- C 0PY AT i EST JOHN F. NEADE, REGISTER aARNSTAaLE wp" tG 4 OF DEEC RWrrTvw.n n Pwrnwnrn W.T.Wf-PQnwTrarTl