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HomeMy WebLinkAbout5100 11 Corporation Rd Amended Certified Decision 2024 Corrected Year on StampFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: YARMOUTH TOWN CLB '24MAY9Am3:03 REC TOWN OF YARMOUTH BOARD OF APPEALS DECISION A TRUE COPY ATTEST. May 9, 2024 &Y'a . 5100 CMC 1 TOWN L.LERK April 25, 2024 MAY 3 12024 Green Bird Landscaping, Inc. Cloud Five Trust PROPERTY: 11 Corporation Road, Yarmouth Port MA Map 93, Lot 28.5 Zoning District: B3 & APD Plan Book: 618, Page 18 (Lot 5) Lot Size: 47,242 Sq. Ft. MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Barbara Murphy, 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 subject property is located at 11 Corporation Road, Yarmouth Port, Massachusetts. It consists of undeveloped land shown as Parcel 28.5 on the Town of Yarmouth Assessor's Map 93. The property is located in the B-3 Zoning District. It is also located in the Aquifer Protection District and 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. The property is owned by the Cloud Five Trust under a Deed recorded in Book 30632, Page 323 of the Barnstable County Registry of Deeds. The Cloud Five Trust provided a letter of support for the Petitioner's application. The Petitioner, Green Bird Landscaping, Inc., seeks to acquire the subject property and proposes to construct a new commercial building containing 7,000 square feet. The building will have six (6) contractor bays, a standing seam 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, and dumpster are proposed. The completed building would utilize Town water and receive natural gas service. The proposed building received the approval of the Yarmouth Old King's Highway Historic District Committee at a public hearing on October 11, 2023. The Petitioner advised that if its purchase of the property from Cloud Five Trust is completed, the title to the land will be taken in an LLC, and Green Bird Landscaping, Inc. would occupy two contractor bays (1,000 sq. foot bay #5 and 2,000 sq. ft. bay #6) under a lease with the LLC. The remaining four (4) bays would be leased to other commercial tenants. There were no known tenants as of the April 25, 2024, hearing date. As illustrated in the Site Plan Review Comments, the Building Commissioner requires each prospective tenant to obtain a certificate of occupancy for each unit(s) intended to be occupied. Additionally, the prospective tenants' proposed use(s) remain subject to Sections 202.5 and Section 406 of the Zoning Bylaw. The Petitioner is seeking the following relief. 1. Petitioner 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. Petitioner 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. Petitioner 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. Petitioner 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. Petitioner is seeking a Variance from Section 203.5 to waive the requirement of a minimum thirty-foot (30') rear setback. SPECIAL PERMIT: The Petitioner, through its representatives, presented evidence establishing how its proposed use as a contractor's yard complied with the Special Permit requirements set forth in Section 103.2.2 and Section 406 of the Zoning Bylaw. Specifically, the Petitioner established that the proposed uses have been well vetted by the Yarmouth Board of Health, which issued a memorandum dated April 8, 2024 ("the Memorandum") regarding the Petitioner's proposed on -site operations within the contractor's yard, including but not limited to the indoor storage of up to 90 gallons of liquid hazardous materials and up to 5800 pounds of solid hazardous materials with secondary containment, the indoor washing and servicing of company vehicles and indoor service of small engine equipment. The Petitioner's proposed uses, more detailed in the Memorandum frg�?f�}tr�TTEST Lawson dated April 8, 2024 (the "Memorandum"), require a Special Permit irAh�"I`Fie Petitioner demonstrated that on April 1, 2024, the Petitioner appeared before the $W—r�% of ,p '�ij� . , j- , L / C c 1 T01 N (,L'cr;9( MAY 14 1 91191 Health, which unanimously voted to recommend the proposal, finding that it adequately controlled all hazardous materials and protected the intent of the APD bylaw. In addition, the Petitioner showed that the proposed treatment of on -site stormwater complies with the requirements of Section 406 and that its proposed forms of secondary containment and spill response plan will adequately protect against toxic or hazardous materials discharges or spills. Protocols to ensure compliance with the Bylaw requirements from the Building Department and Board of Health proposed during the Site Plan Review on October 31, 2023, were discussed. The Petitioner addressed a Board of Health Site Plan Review Comment that indicated car washing was prohibited on -site. Petitioner noted this comment from the Board of Health was superseded by the Memorandum dated April 8, 2024, which indicated that the Board of Health unanimously recommended Petitioner's proposed uses including the indoor car washing of company vehicles. 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 the imposition of the conditions and regulations recited in the Memorandum, that the proposal would meet the requirements under the Bylaw for the issuance of a Special Permit. As such, the Memorandum is hereby incorporated herein in its entirety. VARIANCES: The Petitioner next addressed the four (4) requests for Variances. The Petitioner began by discussing the creation of the property through an Approval Not Required ("ANR") plan on June 1, 2007. The Petitioner explained that although the property had the requisite frontage and lot area at the time of its creation, zoning relief is required for essentially any business use of the property given the narrow portion of its unique "flag" shape. The Petitioner expressed that despite the requests for relief, the proposed development attempts to meet the intent of the Zoning Bylaw to the extent possible. Section 301.4.3 of the Bylaw has a 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. The Petitioner demonstrated it 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. The Petitioner demonstrated that these proposed widths were shared with the Fire Department for their input and that the Fire Department requested a fire hydrant in the landscaped island of the parking lot. A fire hydrant is proposed per the Fire Department's specifications. Section 301.4.9 of the Bylaw has a 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. The Petitioner demonstrated that it cannot meet this requirement given the shape of the lot and the boundaries of the lot adjacent to Corporation Road. Meeting these 20' buffers on either side of the driveway entrance abutting Corporation Ap$&i ELOOPY ATTEST impact and negatively affect the driveway travel lane widths and impact sightline turning in and out of the lot. The Petitioner presented evidence indicating it was meeting the intent of the Bylaw by adding landscaping along those front boundary lines adjacent to Corporation Road, while preserving available driveway travel lane width and promoting safe sightlines for vehicles turning in and out of the lot. Section 301.4.9 of the Bylaw has a 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. The Petitioner demonstrated that the 10' landscape buffers cannot be met along the narrow portion of the "flag" shape of the lot. The Petitioner demonstrated it is attempting to meet the intent of the Bylaw by proposing a 6' tall solid fence along the westerly boundary of the narrow portion of the lot. The Petitioner indicated that a 10' landscape buffer exists on the property of 17 Corporation Road along the easterly boundary of the narrow portion of the lot. Petitioner opined that when this 10' buffer is fully grown in, it will screen the subject property from 17 Corporation Road. The Petitioner demonstrated that there is a natural, existing landscape buffer behind the proposed building that sufficiently meets the 10' width requirement. Petitioner will leave this natural landscape buffer and along the easterly boundary of the lot undisturbed. The Petitioner demonstrated that it will add 10' landscape buffers around the remaining boundaries of the lot which presently have no vegetation. The Evergreens will be between 10'- 15' planted height and be spaced approximately twenty-two feet apart and be a considerable improvement over the current landscaping conditions. Section 203.5 has a requirement of a minimum thirty-foot (30') rear setback. The Petitioner described that until recently it was believed that the easterly boundary line of the property was the "rear" boundary line and that the proposed building easily complied with the thirty (30) foot rear setback requirement. The Petitioner described that in March of 2024, the Building Commissioner commented that upon further review the easterly boundary line was a side boundary line and that the "rear" boundary line was the southernmost boundary line of the property. The Petitioner concurred with the Building Commissioner's determination, hence the request for relief. The Petitioner demonstrated that the proposed building did not meet the rear setback requirement by three and one-half (3.5) feet. The Petitioner indicated that given the unique shape of the lot, the building cannot be moved north three and one half (3.5) feet without interfering with the ten (10) foot side yard setback or the ten (10) foot landscape buffer between the proposed building and the property located at 17 Corporation Road. The Petitioner presented evidence that the property located to the south of the property was a fully wooded, Town -owned lot. The Petitioner indicated that according to Assessor's records, the Town foreclosed on this Lot in 1980 from its former owner "John Doe." The Petitioner stated that no book or page references are available on the Assessor's card, which separately noted that the lot as being "landlocked". The Petitioner indicated to the ZBA that the reference to "landlocked" could mean the lot does not have sufficient frontage to be a buildable lot. The Petitioner concluded its presentation of the criteria needed to support its request for Special Permit relief and Variance relief Upon completion of Petitioner's presentation, ��$fA'I`TEST: the Zoning Board of Appeals asked if anyone from the public was present to spe er in l4lG favor of the requested relief or in opposition. Dan Qjala, P.E. of Down Cape En MAY 3 12024 in favor of the petition and indicated that the subject property was created in anticipation of requiring zoning relief. Dan Ojala commented that the property of 18 Enterprise Road had the benefit of a Variance of Section 301.4.9 related to landscape buffers, and that relief of the landscape buffer requirement for the subject property would be in keeping with the immediate area. Dan Ojala also presented a letter given to him by Siddarth Siddarth, Trustee of the Cloud Five Trust. The Letter contained the names, addresses, telephone numbers of eight (8) property owners indicating their support of the Petitioner's proposal. The letter was accepted by the ZBA and marked received at hearing. The Vice Chair then closed public comment. The ZBA commenced Board discussions of the merits of the Petitioners' requests for the Special Permit and Variances. The Members were pleased with the Petitioner's efforts in their attempts to meet the spirit and intent of the Bylaw given the practical limitations set forth by the shape of the subject property. Members were also satisfied with the thorough vetting that this proposal has had with the Board of Health. The Board agreed that the relief could be addressed through the Special Permit and Variances as requested. Regarding the requests for Variances, the Board agreed that a literal enforcement of the provisions of this Bylaw would involve a substantial hardship financial or otherwise, to the petitioner or appellant, that the hardship is owing to circumstances relating to the shape of the subject property, especially affecting the land but not affecting generally the zoning district in which it is located, and that 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. Regarding the request for Special Permit, the Board agreed 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. The Board was appreciative of the thoughtful work of Carl E. Lawson Jr., and to the Board of Health in vetting the proposed uses and found that the additional Special Permit requirements of Section 406 have been met. Vice Chair Sean Igoe proposed that a Motion be made to take up all four (4) requested Variances and another Motion be made regarding the requested Special Permit. A Motion was then made by Jay Fraprie to approve all the Variance relief requested. John Mantoni seconded the motion. A roll call vote was taken on this Motion with the following results: Mr. Igoe- Aye Mr. Fraprie- Aye Mr. Mantoni- Aye Ms. Murphy- Aye Mr. Panebianco- Aye Accordingly, the requested Variances were approved on a 5-0 vote in favor. A second Motion was made by Jay Fraprie to approve the Special Permit as req�e P6bPY ATTEST. Mantoni seconded the motion. Vice Chair Sean Igoe suggested that Jay Fraprie s also require that the conditions of the Memorandum be made conditions of the Special Ubvti L,Lter::: MAY 3 12024 Fraprie offered this revised Motion, John Mantoni seconded the Motion, and a roll call vote was taken: Mr. Igoe- Aye Mr. Fraprie- Aye Mr. Mantoni- Aye Ms. Murphy- Aye Mr. Panebianco- Aye Accordingly, the Special Permit was approved with conditions on a 5-0 vote in favor. CONDITIONS: l . The Memorandum of Carl Lawson dated April 8, 2024 is incorporated in its entirety and the conditions set forth therein are conditions of the Special Permit. 2. Each contractor bay unit will be required to obtain its own Certificate of Occupancy. This condition applies to all granted relief. 3. Any change in ownership or use of a contractor bay unit will require the issuance of a new Certificate of Occupancy. This condition applies to all granted 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 noticer`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 1, 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 #5100 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. i 4 I Mary A. Maslowski, CMC MAY 3 12024 A TRUE COPY ATTEST. MAY 3 12024 TOWN OF YARMOUTH 1146 ROLTE 28.SOUTH NARMO[ Ttf. tiI;1SSA('HLsr-rTS02664-4451 Telephone (508) 398-2231 ext. 1240. Fax (508) 760-3472 BOARD OF HEALTH 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 Backaround 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. Pro osal 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 -AIRUE C P ATTEST: T;�A*a- t CMNIG / cMAY 3 1 20x4 Rlc 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 Landscap na 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. -T83T `A , R ' / 4yM1 YfSi}' r% L/ 7 � F i The trailers will each hold about ten gallons of toxic or hazardous materials including; containers of diesel, gasoline, premix (gasloil 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 Pro osai 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 track 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. Reaulatory 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). A TRUE COP�EST- C%WoCi t CMMATUWh JOK 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 Requirements. 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 Unloadina 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 Storaae All solid or dry materials are proposed to be stored inside Bay 6 on the concrete floor 4 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 Loadina 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 Safeauards 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. A TRUE COPY ATTEST Ewtg- ww"At4 (;,NRV,;; / LMC 1 TOWN CLERK MAY 3 12024 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 Regulation 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. n 5) Materials must be stored in covered product4ight 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 Hearino 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. A TRUE COPY ATTEST w 1y 4 MAY 3 12024 d. An annual letter 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 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. 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. 8 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5100 Date: May 30, 2024 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER: Green Bird Landscaping, Inc. PROPERTY OWNER: Cloud Five Trust Affecting the rights of the owner with respect to land or buildings at: 11 Corporation Road, Yarmouth Port MA; Map 93, Lot 28.5; Zoning District: B3 & APD; Plan Book: 618, Page 18 (Lot 5); Lot Size: 47,242 Sq. Ft. and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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 Jlw C:JP TTE�T 1� 77 fI � /31�-V Li: ;r: