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Home My WebLink About5079 35 & 41 Industrial Park Rd Decision Certified 05.08.24Vie! i'400 . .., j y ! t �Jt fal_,_K..� FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION May 8, 2024 5079 April 11, 2024 Matthew White dba Howl -A -Day LLC Louis A. Stergis, Trustee of Gusto Realty Trust 35 & 41 Industrial Park Road, West Yarmouth, MA (formerly numbered as 12 Industrial Park Road) Map 74, Parcel 13 Zoning District: B-3 & APD Title: Book 13586, Page 3 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Dick Neitz, and Barbara Murphy 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 is Matthew White dba Howl -A -Day LLC seeking relief with respect to property located at 35 & 41 Industrial Park Road, West Yarmouth, Massachusetts, which property is located in a B-3 zoning district and the Aquifer Protection District. The property owner, Louis Stergis, received a violation notice, dated December 14, 2023, from the Deputy Building Commissioner, about the property being used as a kennel without the required relief from the Zoning Board of Appeals. Subsequently, the business owner, Matthew White, sought a Special Permit for B-3 use in a B-3 zoning district to allow boarding for up to 40 dogs. At the January 25, 2024 hearing, Vice Chair Igoe read the following into the record: 1) an excerpt from Decision #4032, dated May 9, 2006, including that no overnight kennel service will be offered, and 2) a Water Department memo requesting additional information about animal waste handling at the site because of nearby drinking water wells in the Aquifer Protection District. The petitioner was asked to provide more details, including l) an animal waste handling plan; 2) a description of cleaning practices and a list of cleaning products; 3) an engineer's assessment of the outside area related to the Board's concern about protecting the Town's groundwater. The hearing was continued to April 11, 2024. Mr. White and Mr. Stergis appeared again at the continued hearing. Vice Chair Igoe read into the record the Yarmouth Water DNTRU50ZW, ATTEST GOW �J 1 CMC I TOWN CLERK MAY 3 0 mi dated February 28, 2024, that 1) the plan provided will dispose of animal waste properly, 2) if zoning relief is provided, the petitioner is required to continue to follow this waste disposal plan, 3) if any there are any changes to plan, the Water Department and other applicable Town Departments should review prior to implementation. While the Board was comfortable that the person responsible for the Town's water and wastewater is satisfied with the petitioner's animal waste handling plan, the Board discussed restrictions on a Special Permit to ensure that any current/future business or property owner is aware of the property's limitations and the need to subscribe to adequate safeguards. The Board agreed on conditions for the granting of a Special Permit for B-3 use in a B-3 zoning district to allow boarding for up to 40 dogs: 1. The Special Permit is restricted to this business owner, Matthew White. 2. Any new business owner must apply to the Zoning Board of Appeals for a new Special Pen -nit and a review by the Board and other applicable Town Departments. 3. The following exhibits are attached and incorporated as conditions into this decision: a. The Yarmouth Water Department memo, dated February 28, 2024, which includes the business owner's animal waste handling plan received by the Board on January 16, 2024; b. The list of cleaning products provided by the business owner and received by the Board on January 30, 2024; and c. The Science Wares, Inc. Technical Memorandum, dated April 1, 2024. A motion was made by Mr. Neitz, which was seconded by Mr. Fraprie, to grant the Special Permit with the stated conditions. On a voice vote (5-0), the Special Permit with the stated conditions was approved. 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) 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 ##5079 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. Mary A. Maslowski, CMC MAY 3 0 2023 A TRUE COPY ATTEST. OW 'MC I TOWN CLERK MY 3 0 201 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5079 Date: May 29, 2024 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER: Matthew White dba Howl -A -Day LLC PROPERTY OWNER: Louis A. Stergis, Trustee of Gusto Realty Trust Affecting the rights of the owner with respect to land or buildings at: 35 & 41 Industrial Park Road, West Yarmouth, MA (formerly numbered as 12 Industrial Park Road); Map 74, Parcel 13; Zoning District: B- 3 & APD; Title: Book 13586, Page 3 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 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 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. Sean Igoe, Vice Chair- TRUE COPY ATTEST •�7r,�� tam f GWAN'T 2CLERK 023 To: From: CC: Date: Subject TOWN OF YARMOUTH DEPARTMENT OF PUBLIC WORKS 74 TOWN BROOK ROAD, WEST YARMOUTH MASSACHUSETTS 02673 Telephone (508) 398-2231 ext. 1250 Fax (508) 771-7998 Yarmouth Zoning Board of Appeals Laurie Ruszala, Water & Wastewater Superintendent Jay Gardiner, Health Director February 28, 2424 35 & 41 Industrial Park Drive ZBA Application Admin & Engineering Buildings & Grounds Highway Waste Management Water &Wastewater The Yarmouth Water Department is in receipt of the Howladay Inn Animal Waste Disposal Plan (attached). Based on the plan provided, it appears that animal waste will be disposed of properly for protection of the drinking water supply. We respectfully request that if the zoning relief is provided, that the proponent be required to continue to follow this waste disposal plan. Any changes to the plan should be reviewed by the Water Department and any other applicable Town Department prior to implementation. Thank you for the opportunity to provide input on this matter. A TRUE COPY ATTEST. �l 'NiC / TOWN CLi RK MAY 3 0 2023 Mop heads are disposed of in the trash weekly for replacement. We empty the dirty urine mop bucket in our large sink in the back kennel 3 times a day. We then refill the mop bucket with 1/a cup of the Lysol Cleaner and Disinfectant and 2 gallons of water in the mop bucket peruse. Daily, for deep cleaning, we vacuum and use bleach in a sprayer for deep cleaning the runs and the play areas. We use '/z cup of bleach per 2 gallons in the Dewalt bleach sprayer. We then mop the excess bleach with the bleach mop and dry the kennels and floors using dryer fans. Bleach mop is rung out in the catch bucket in the larger mop bucket. Bleach mops are changed once daily in our large sink in the back kennel where we empty and refill it by adding 1/2cup to 2 gallons of clean water in Large mop bucket. When a dog poops inside, we use poop bags to pick up inside poop. Pooper scoopers are used outside to pick up poop messes outside. ALL POOP in bags and/or scooped poop go into a garbage bag in a garbage bin and are thrown out in the on -site dumpster at the end of each night. A TRUE COPY ATTEST. Ftv• NAdyV44 i..iK,/ i_QVVN GI.:-NX MAY 3 0 2023 HQwladay_. leaning Productsd Protocols Products used inside: Lysol Cleaner and Disinfectant, Bleach, Windex, Clorox Wipes Products used outside on turf: Nature's Urine Destroyer Plus, For cleaning urine and poop inside, we use paper towels, poop bags, and a mop bucket with Lysol Cleaner and Disinfectant. We use paper towels for urine messes and clean any excess with the mop using Lysol Cleaner and Disinfectant. Mop buckets are switched out several times a day in our Large sink in the back kennel. We use 1/4 cup of the Lysol Cleaner and Disinfectant per 2 gallons of water in the mop bucket. We vacuum/spot clean during the day with Lysol floor cleaner. For deep cleaning, we vacuum and use bleach in a sprayer for deep cleaning the runs and the play areas. We then mop the excess and dry the kennel using floor dryers. Bleach mops are changed daily in our large sink in the back kennel. A TRUE COPY ATTEST: tow / C'mc / FUWN CLEAK MAY 3 0 2023 Technical Memorandum To: Yarmouth Zoning Board of Appeals From: Eric Karplus — Science Wares, Inc. Subject: PETITION 5079: Matthew White dba Howl -A -Day LLC. Property Location: 35 & 41 Industrial Park Road, West Yarmouth, MA Map & Lot #: 74.13; Zoning District: B-3 & APD Date: April 1, 2024 I. Background The Yarmouth Zoning Board of Appeals requested an inspection of and recommendations for the outside area at 35 & 41 Industrial Park Road, West Yarmouth, MA 02673, in particular: Is the outside area impervious? If not, how can the outside area be designed to protect the Town's groundwater from animal waste Characterization of Outside Area Figure 1 shows annotated satellite imagery from Google Earth from April 2005. May 2010. and October 2021 (the most recent available to the public). In September 2016 Howl -A -Day contracted ForeverLawn of Hanover, MA to install 1,200 square feet of K-9 grass in the three areas outlined in red in the 2021 image. The 2021 image, which is representative of the current configuration, is provided in Figure 2 along with annotation of notable features and markers indicating the location of a water sampling well_ two cores, and the existing low point for rainwater runoff from outside area. ForeverLawn does not have detailed records of the 2016 K-9 grass installation but advised that they would not have recommended installing their product over an impervious surface. Their standard installation protocol in 2016 would have been to remove any existing vegetation and then put down a layer of 4-5" of a mixture of 80%'%" gravel and 20% stone dust, compacting that and covering it with the K-9 grass. The perimeter of the K-9 grass is anchored to a wood frame. It is not possible to assess the actual material under the existing K-9 grass without damaging or temporarily removing and then reinstalling it. As shown in Figure 2, some areas adjacent to the K-9 grass have pavement underneath, and others do not. Some views of the current configuration of the outside area used by dogs are shown in Figure 3. It was observed during a recent rainfall that the some of the runoff from the outside area heads to the north of the property line, but due to the grade of the site most of it runs south and a little bit east towards the drainage low point in the southern end of the parking lot. A TRUE COPY ATTEST. ` _ Page 1 of 8 GMC! OWN CLE"K MAY 3 0 2023 Figure 3. Views of current configuration of outside area used by dogs. The exposed asphalt in the parking area appears to have been installed in several sections at different times. It can be seen in the 2005 image in Figure 1 that there was asphalt under part of the outside area currently used by dogs. It was confirmed that there is still existing asphalt under some of the areas adjacent to the K-9 grass areas, as detailed in Figure 2 and Figure 3. The exposed asphalt is in fair condition overall with a few small areas in between sections beginning to deteriorate. There is an approximately 3' wide by 6" thick layer concrete apron along the east edge of the building, a core of which is shown on the right side of Figure 4. A soil core was taken from the area just northwest of the outside area used by the dogs, revealing --5" layer of topsoil that transitions to coarse sand below 10" as shown on the left side of Figure 4. A TRUE COPY ATTEST. Page 3 of 8 , AWX4A L MAY 3 0 2023 A recommended strategy for improving the removal of nutrients in runoff water at the site, which is expected to contain some of the nutrients from the animal urine, would be to modify the drainage system to ensure that runoff travels past the existing drainage low point and proceeds more directly into the naturally wooded area. Improving the flow of runoff to established root zones with good drainage characteristics aligns with best management practices for stormwater management. At a minimum, this would involve a slight adjustment of the grade at the southern edge of the parking lot so that runoff can travel more freely into the naturally wooded area shown in Figure 5. In addition, improvements could be made to the upstream runoff path as shown in Figure 6 so that any nutrient enriched runoff from the site proceeds more directly to naturally wooded area shown in Figure 5 where it can be metabolized before entering the groundwater. Figure 5. Wooded area with established root zone. K-9 grass over%" stone/dust Pervious/topsoil over sand Various pervious over asphalt Asphalt r� Outside area used by dogs Established Root Zone Area Soil core Concrete core Weil Site Drainage low point Existing Improved Runoff Runoff Figure 6. Recommendation for improving runoff management. Page 5 of 8 A TRUE COPY ATTEST ENWROTECH LABORATORIES, INC MA CERT. NO.: M-MA 063 d Jan Sebaula► Drlwe Unk 11 San4wic , MA 02561 r$08/ a88-6460 1400-3194$60 FAX {JOdI ddd-6I�6 Client Name: Raihje.% Kritren Location : Address: 87 Hamipon Ave 12 tndWulal Park Rd FaWKwM. Me 02540 W YamnoUth. MA Lab Number : Dw-24mw Collected By: Maahow WWO Date Recelved : 03115124 Sample Type : DrblkbV wader Well Specs : Locadon Souse Date C—RWr ed I nme C ft*d CoAdnten& A O'l15124 915 "undweim W*U Analysfr Re4+rtr�nnf Unks Recoartaeaded rItalb � Aaelyslr Rank Metlyod 1 Diatr A Anabssd By Total C MOrm CFUr100mL 0 0 SM92228 03/15=4 GB m 12:45 PH PH wilts 6,6$.8 "I SM 450044-13 03115R024 KF Spoeft COnducmn " umfwalcm SIM 122 EPA 1201 03M&2024 KF NMI" mqk 100 0.03D EPA 3W.0 D3115I2024 KF N**" mg& 10.0 0.90 EPA 300 0 03N5r2024 KF Sodum mglL 20.0 7.4 EPA 2W.7 03M9rdM KB Total Iron M9A 03 0.708 EPA 200 7 0311W12024 KS ManWmse mg& Cos C0.005 EPA 200.7 03112=4 KS Pomsomna mgll 20.0 1.9 EPA 200.7 031102,024 KB Calcium mg& NIA 13 EPA 200.7 03110=4 KB Mtgneshonu mgA. WA 1.0 EPA 200.7 03119i2024 KB Total Hardnena mg& W200 37 SM 2340E 03121=4 KB Aticak* m91L 200 12 SM 2320E 03115r2024 KF Sudtate mgk 250 21 EPA 300.0 03115=4 KF Chloeodo mgA. 250 15 EPA 300 0 03116=4 KF Turbidity MU 5.0 6.6 SM 21308 03/16=4 KF COloro APC urrta 15 <8 0 SM 2120E 0311 MAN KF Free CO2 MA 60 17 CakxMion 0311=24 KF Ronald A Saari Laboratory Dbeaor RRI. • Below Reportable Llwiu •set AaacA d cCerhflcadm 6 notaNarlable for Au andytt for potable water samples. Date 3iM024 Page 1 W 2 A TRUE- COPY ATTEST Page 7 of 8 MAY 3 0.2023