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Home My WebLink AboutTardif letter 12/6/241.,1\*( 014 WI S OI PAUL R. TARDIF, ESQ.) P.C. 490 MAIN IN RFF F YARMOU17I POR1, MA 026-5 (508) 362-7799 (508) 362-7199 fax Paul R Tarrlil; Esq. Siacg A. Cur1g, Esq. pmrdif a;la dtflaw.coin a-v%A%—tardiflaw.com ,curIcv a-tardiflaw.com REFER TO FILE NO December 6, 2024 Mark Grylls R.p Building Commissioner ' 1146 Route 28 OFC 0 South Yarmouth, MA 02664 $rJl '� fry Re: 373 White's Path, South Yarmouth, MA _ Assessor Map 110, Parcel 8 Current Owner: Ceili and Lucy Family Investment Trust Dear Mr. Grylls: Please be advised that this office represents Joshua C. Wile and Jessica J. Thomas, Trustees of the Ceili and Lucy Family Investment Trust, dated April 15, 2016, the owner of the property at 373 White's Path, South Yarmouth, Massachusetts. (the "Property"). The property is located in the B-3 Zoning District, and the Aquifer Protection District, consists of 27,810 square feet, and was improved, in 2015, with a 5,000 square foot steel frame building, containing 4 separate bays. The property has been the subject of 2 'Zoning Decisions, both of which are attached, and which permitted my client to utilize 3 of the bays for storage and warehousing of product sold at the Agway of Cape Cod stores, located in Dennis, Chatham and Orleans. I have attached copies of those Decisions for your review. My client would like to utilize the one remaining commercial bay, closest to White's Path, to create a showroom for patio furniture, which would be then purchased at one of their retail stores on Cape Cod. They have asked me to inquire with you, as the Zoning Administrator, to determine if this use is a possibility. Being located in the B3 Zoning District, the Yarmouth Zoning Bylaw prohibits retail sales from those properties. Those kinds of uses, denoted in Zoning Bylaw Section 202.5(H), are generally permitted in B 1 and B2 Zoning Districts. However, my client has no intention of creating a retail use on their property. Rather, my client would like to use one bay as a showroom, which would display the different styles and colors of patio furniture that they sell at their stores, but which stores are limited in space for such a display. No retail transaction would occur at the site. Instead, customers would be permitted to view the products at the site, which would then be either delivered to the store for pickup by the customer or delivered directly to the customer's home. There would be no direct purchase to the consumer on the site. Page 1 of 3 Letter to Mark Grylls 373 Whites Path, So. Yarmouth, MA It is my position that this kind of use is not only permitted in the zoning district, but is already prevalent along White's Path. Because the intended use would not include retail sales, permitting a showroom would not violate the zoning bylaw. it has always been the position of the Town of Yarmouth that retail stores involve the sale of product directly to the consumer. This classification is significantly different from the intended use of my client's property. More importantly, several businesses along White's Path, and located in the B3 Zoning District, currently have showrooms such as is contemplated by my client. A simple drive down the road, from North Dennis Road on the east, and Rough Riders Path on the west, reveals the current existence of showrooms which display products for sale, but which cannot be purchased on site. The following is the list of showrooms which are evident, not only by viewing the use from the road, but, in some cases, advertised on signs in front of these businesses or online advertising: 167 White's Path (Assessor Map 98, Parcel 80.1) This property is occupied by Snow and Jones, Inc., which sells kitchen cabinets, bathroom cabinets, fixtures and associated plumbing supplies. 277 White's Path (Assessor Map 109, Parcel 1) This property is occupied by Drywall Masonry, which sells hardscape materials for patios, walkways, retaining walls, backyard features, gas fireplaces and drywall supplies to both contractors and homeowners. 295 _White's Path (Assessor Map 109, Parcel 99) This property is occupied by Wholesale Embroidery, which screen prints and embroiders garments, including shirts, sweatshirts, hats and masks. 299 White's Path (Assessor Man 109, Parcel 98) This property is occupied by MJ Nardone Building and Remodeling and ERT Architects. 307 White's Path Assessor Map 109, Parcel 96) This property is occupied by Y.E.S. Inc., which sells, installs and supports electronic systems for marine electronic systems. 313 White's Path (Assessor Map 109, Parcel 95) This property is occupied by Johnstone Supply, which sells HVAC Equipment, refrigeration and ventilation parts and supplies. Page 2 of 3 Letter to Mark Grylls 373 Whites Path, So. Yarmouth, MA 327 White's Path (Assessor Map 109, Parcel 93.1) This property is occupied by Yardscapes and Bella Pools, and sells landscaping, irrigation, masonry design, gardens, and swimming pool installation, service, parts and supplies. 377 White's Path (Assessor Map 110, Parcel 7) This property is occupied by Bennett Fence and Arbor, which sells fences, pergolas, arbors, gates, light posts and mailbox posts I have attached documents, found in the Town of Yarmouth's files or copies from websites, which evidence the historical nature of showrooms at these properties, either as shown on plans or approved by the Building Department or the Zoning Board of Appeals. This list only includes showrooms along White's Path, and only in the B3 Zoning District. This does not include the showrooms that are located further west along White's Path, in the B 1 Zoning District, which has more traffic and properties on both sides of the street, which makes ingress and egress more difficult. The properties listed above, including my client's property, has no active business located across the street from them, as they abut the Mid Cape Highway. Whether you are aware of the existence of these showrooms or not, you cannot make a determination based on the type of materials being sold or whether they are selling wholesale to contractors. In either case, you have a customer coming to the property to view a product for sale. If you are going to give the word "retail" its common meaning, it must only include the sale of items directly from the location on which the item is located. In this case, my client has 3 other retail locations throughout the Cape, and it is from there that sales will occur, and delivery to the customer will either be at these locations or at the customer's property. This is entirely consistent with the zoning requirements as recited in the Zoning Bylaw, and the past and current interpretations of a showroom. I am hoping that you will agree that permitting a showroom on this property is permissible by right, as it is accessory to its current and approved use in the B3 Zoning District. I would -sponse, which will verify that the showroom may be created. I thank you ition to this matter. Joshua Wi Page 3 of 3 Letter to Mark Grylls 373 Whites Path, So. Yarmouth, MA Bk 29781 Ps 170 34248 07-07-2016 a 12 a 18v TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: June 14, 2016 PETITION NO: 4645 HE, DATE: June 9, 2016 PETITIONER: Ceili and Lucy Family Investment Trust (Current owner: Our Outhouses, LLC) PROPERTY: 373 White's Path, South Yarmouth, MA Map 110, Parcels 8 Zoning District: B3 and APD Title: Book 29029, Page 341 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Neitz, Gerald Garnick, and Bryant Palmer 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 Register, 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). The property is currently owned by Our Outhouses, LLC, and Petitioner plans to lease the property if all necessary permits and relief are secured. 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. The Petitioner proposes to occupy one of the bays located at the rear of the property for storage and warehousing of product sold at the Agway of Cape Cod stores, located in Dennis, Chatham and Orleans. Each of these three locations have storage capability. However, these locations have limited space, which makes it difficult for them to transact Iarge quantities with special pricing. They do not plan to have a retail operation at this location, mostly due to the zoning constraints. Stored inside the warehouse will be fertilizer and plant food, but with small concentrations of pesticide. Outside, at the rear of the property, they will store bagged soil and mulch. All products will remain on the pallets upon which they arrive, and will not be broken down on site. The property will be used for storage until transported to the Agway stores. If pallets are subsequently opened on a site, the unsold portions will not be returned to the property. 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 May 25, 2016 regarding the operation of the Petitioner's business at this location. On May 23, 2016, 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. Petitioner also appeared before the Site Plan Review team on May 31, 2016, and they too were satisfied with the proposal. 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 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. In addition, the recommendation of the Yarmouth Fire Department, made at the Site Plan Review meeting, that a lock box be installed to the exterior of the structure, will be a condition of this relief. The Board finds that the Petitioner has demonstrated the requirements of Zoning Bylaw §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. Neitz, seconded by Mr. Garnick, to grant the Special Permit, as requested, incorporating all of the 5 Board of Health Regulations in the Memorandum,* specifically recited on Page 5 thereof. The Petitioner will also need to install a lock box to the exterior of the structure, as requested by the Yarmouth hire Department, and any materials that are removed from the site, and subsequently opened, will not be returned to the Property. The members voted unanimously in favor of the Motion. 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) )441ached f-e.r.,� �e Steven DeYoung, airman COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4645 Date: July 5, 2016 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: Ceili and Lucy Family Investment Trust 686 Route 134, So. Dennis OWNER: Our Outhouses, LLC 24 Great Western Road, Harwich, MA Affecting the rights of the owner with respect to land or buildings at: 373 White's Path, South Yarmouth, MA. Zoning District: B3 & APD; Map & Lot#:0110.8; Book/Page: 29029/341 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. �t Steven DeYQ Mairman TOWN OF YARMOUTH Town ease 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Cierk ` o Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, Town Cleric, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision ##4645 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, Ills] FROM TOWN OF YARMO RECEIVED ]WAY 26 2016 YAARMOUT'H BOARD OF APPF-Al S 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTSM Telephone (508) 398-2231 ext. 1240, Fax (508) 760-3472 BOARD OF HEALTH MEMORANDUM Zoning Board of Appeals (ZBA) Carl E. Lawson, Jr., Hazardous Waste Inspector C L SUBJECT: Proposed new Agway of Cape Cod Warehouse Storage 373 White's Path, Unit A Petition Number 4645 DATE: Background May 25, 2016 Agway is a lawn, garden, pet and farm products sales company with retail stores throughout the northeastern United States. Each Agway store is independently owned and operated. Mr. Joshua Wile is the president of Agway of Cape Cod with three retail stores located in Chatham, Dennis and Orleans. Proposal Each Agway of Cape Cod store has limited warehouse storage. Additional warehouse storage will allow Agway of Cape Cod to take advantage of special pricing available on larger purchases of certain products. The peak business period occurs from early spring to early summer and during this time the availability of additional stock for the retail stores will help the business in the competitive marketplace. For this reason Agway of Cape Cod seeks to store additional stock at a warehouse location of 373 White's Path, Unit A. The warehouse location will be most heavily utilized for storage from the fall to spring in anticipation of the busy spring season. Mr. Wile met with the Health Dept. and provided a summary of his proposal. After learning that the 373 White's Path warehouse location is within the Town's Aquifer Protection District (APD) for the public drinking water supply, Mr. Wile agreed to reduce his range of stored products. Liquid toxic or hazardous products and straight granular herbicide products have been removed from the initial list of proposed items. 1 Items proposed for storage inside the warehouse include fertilizer and plant food. While some of these fertilizers include herbicide (crabgrass preventer, weed killer) or pesticide (grub killer) they are in lesser concentrations than in the straight granular products originally proposed. For example, a dedicated grub killer may contain 0.6 to 2.0% of two different insecticides whereas a lawn fertilizer with grub killer will contain about 0.2% of one insecticide. Items proposed for storage outside the warehouse include bagged soil and mulch. These products contain no additives. All products will be contained in sealed bags which are held in place on pallets by heavy-duty, industrial -strength, plastic wrap. No plastic wrap will be removed or product bags opened at the 373 White's Path warehouse location. Regulatory Items 1) It is understood Agway of Cape Cod will need ZBA relief in order for the business to have (1) a trucking and warehousing operation and (2) to store toxic or hazardous materials in excess of normal household quantities within the APD. 2) The building 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: a 1500- gallon concrete holding tank inside a 2500-gallon concrete holding tank which serves as secondary containment; a high-level liquid detection monitor and a leak detection monitor. Under normal conditions it is not expected the holding tank will receive flow. 3) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990 is applicable to this proposal as the involved quantities of materials are in excess of the licensing threshold of 10 gallons liquid measure or 5 pounds dry weight. The regulation includes, but is not limited to, 150% volume secondary containment of toxic or hazardous materials. Toxic or Hazardous Materials Delivery and Unloading The materials will be delivered to the 373 White's Path location by delivery trucks. The materials will be unloaded from the delivery trucks by Agway of Cape Cod employees using a propane powered forklift. The forklift will be maintained by an outside vendor in the same manner as the forklifts at the other Agway of Cape Cod locations. The vendor will occasionally service the forklift at the 373 White's Path location. No hydraulic or any other vehicle fluids will be stored at this location. Toxic or Hazardous Materials Storage All of the fertilizer and plant food will be stored inside the 373 White's Path warehouse in Unit A. The pallets of materials will be stored on the concrete warehouse floor or on pallet racks. As previously mentioned all pallets of materials will be stored intact with plastic wrap in place. Also as mentioned previously no products will be opened onsite. All of the bagged soil and mulch will be stored outside and adjacent to the warehouse. As with the other materials no products will be opened onsite nor will any pallet wrap be removed. Toxic or Hazardous Materials Use No materials are proposed to be used onsite. The materials will only be stored until there is space for them to be brought to one of the three Agway of Cape Cod stores in Chatham, Dennis and Orleans. Toxic or Hazardous Materials Disposal No toxic of hazardous materials will require disposal as they are only stored for resale at one of the three Agway of Cape Cod store locations. Toxic or Hazardous Materials Loading and Removal The materials stored at 373 White's Path will be removed for the purpose of transporting them to one of the three Agway of Cape Cod stores for sale. The materials will be loaded onto Agway of Cape Cod trucks by Agway of Cape Cod employees using a propane powered forklift. Environmental Safeguards 1) Only dry or solid materials will be stored. 2) All employees are trained in spill response. 3) The spill plan and Safety Data Sheets (SDS) will be available onsite as required by regulation. 4) Spill response materials in the form of heavy duty tape, brooms, shovels, clay - based absorbent, bags, pans and an impermeable container with a lid top will be maintained onsite. All stored materials will be solids, but the clay based absorbent will be stored in case it is needed in the event of a vehicle fluid spill. 5) Personnel Protective Equipment (PPE) in the form of protective eyewear, respirators and gloves will be maintained onsite. 6) No vehicle washing, fueling or repair is part of this proposal. 7) While the hours during which employees will be onsite is variable, the site will be checked daily. Additional Information 1) While the site will not be staffed continuously there will be an office onsite that will be used on a part-time basis. Employees will also report to the site for the unloading of materials delivered to the site or the loading of materials to be delivered to the Agway of Cape Cod stores. 2) There are no scheduled hours for the operation of the site, but in operations will be limited to normal daylight hours. Health Dept. Requirements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage which apply to the proposal by Agway of Cape Cod. 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 (soil and mulch are not toxic or hazardous). 4) All materials must be protected from vandalism. 5) Materials must be stored in covered product -tight containers. 6) All toxic or hazardous materials must be stored inside secondary containment of 150% volume of the total amount of materials stored (all materials included in this proposal are solids). 7) Any waste material must be properly disposed by a licensed hazardous waste hauler. No waste materials are anticipated from this business. 8) Safety Data Sheets (SIDS) for each toxin or hazardous material must be maintained onsite and be readily available. 9) No vehicle repair or washing is allowed onsite. 10)An absorbent material must be kept onsite for use in the event of spills. 4 Board of Health Recommendations Attorney Paul Tardif and Agway of Cape Cod owner and president, Mr. Joshua Wile presented the aforementioned proposal to the Board of Health (BOH) at the BOH meeting on May 23. The BOH with three members present voted unanimously to recommend the proposal of Agway of Cape Cod to the ZBA. 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 (which are beyond the strict scope of the regulation): 1) The storage of any solid or dry toxic or hazardous materials is limited to the size of the pallet rack structure(s) in the building. 2) No storage of liquid materials is allowed. 3) A detailed material spill containment plan must be conspicuously posted at all times and all employees must be familiar with the plan. 4) No vehicle washing is allowed. 5) No vehicle repair is allowed. The Board of Health and Health Department respectfully request that if this proposal is approved by the Board of Appeals the preceding five (5) items be included in any Zoning Board of Appeals Decision. Furthermore, if the proposal is allowed by the ZBA these items will be included as conditions of the annual Board of Health license for the business. BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Bk__�6338 Pg56 #16321 04-30-2024 @ 09:40a •�' 7 TOWN OF YARMOUTH �r BOARD OF APPEALS DECISION Y 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 Celli & Lucy Family Investment Trust Dated April 15, 2016 PROPERTY: 373 Whites Path, South Yarmouth, MA Map 110, Parcel 8 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 Paneblanco 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 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 limited by the pallet rack system currently located in each bay. A TRUE COPY ATTEST. APR 2 5 1014 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 vole 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) Sean Igoe, Vice Chair A TR1.JE C;0PY ATTE� ';_ Bk 36338 Pg58 #16323 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 #5093 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 APR 2 5 2024 A TPUfi COPY rA APR 2 5 2024 Bk 36338 Pg59 #16323 "Y.A COMMONWEALTH OF MASSACHUSETTS ', 4 TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5093 Date: April 25, 2024 Certificate of Grantin of a Special Permit (General Laws Chapter 40A. Section 1 1) 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 S; 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 oopies 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 rencwal thereof, shall take erect 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 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. 1 Sean Igoe, Vice Chair JOHN a.N,-,, ?r,UW THY OF DICE[ orrr.�.rn r Drnnonon rr rnTonVrnlr rl 167 White's Path, South Yarmouth, MA (Map 98, Parcel 80.1) ' r YA TOWN OF YAOUTH II 'o TOWN APPLICATION FORDETERM$Y�� LICABT� ,.• _—�_ AQUIFER5 ' :, - , -Z MAR 0 6 2006 1 Applicant: j Ct rL-S`�YtG�7 dh�A .tF� • gv_``` Property location- '7 UjtwS Map# Parcel# Proposed Use: Z-5r K 1. The applicant has fully complied with the Submittal Requirements of §406.5.2 (Attach copy of Hazardous Materials List) 2. The proposed use meets all of the Design and Operation requirements of §406.5.7, 3. The chcauicals, pesticides, fuels and other potentially toxic or hazardous materials used or stared at the site, or produced by the proposed use, will be in qualities not greater than those commonly -associated with normal household use, and 4. The proposed use will meet all of the objectives and water quality criteria of the bylaw. The above wlscant hereby acknowledges that the Building Inspector may require the applicant to submit the matter to the Health Agent or Board of Health, and may require the applicant to demonstrate that he/she has received a favorable report from the Heahh Aft or Board of Health. The Determination, if made, shall apply only to the individual applicant and proposed use and shall automatically expire upon any change of use or transfer of ownership of the business. These shall be no appeal from an unfavorable Determination of any such application, nor from failure to act, except for filing by the applicapt l pf Special Permit from the Board of Appals as otherwise provided herein. /f Z j/ 3-G-aC. Applicant Date DETERMINATION: The Buildiag Inspectorp�� pen a rcvie:w of this application and information supplied by the Applicant, hereby determirscs that tiro use saAealthAeS uirem of §406.5.1.I and that the Ap ' t need not apply for a Special Pemut under §, 16 B lag Inspector D Date Rvc w, Copies of this form must be seat to the following departments (a3 listed In §406.5.4); Water, Evglncet•ifig, Fire, Health, Planning, Conservation, Board of Appeals. APDdeternonapp 10-99.wpd 0 OF TO: Commercial Applicants in the APD FROM: Yarmouth Health Department SUBJECT: Hazardous Materials As part of the application process for a Board of Appeals hearing or Determination of Non -Applicability, please complete this form and return it with your application. For further information concerning h=rdous materials regulations, contact the Health Department Office. In the conduct of your pr=nt and/or proposed business, do you store, use, generate any of the Wowing types of products? (Check all which apply): Antifreeze, Engine & Radiator Flushes Motor Oil Hydraulic, Brake, Automatic Trans. Fluid Gasoline/Fuels Grease, Lubricants Degreaser/Cleaners Floor/Driveway*Degmaser Battery Acid Rustproofing/Undercoating Vehicle Detergents Vehicle Waxes, Polishes Asphalt, Tar, Sealers Paint, Varnishes, Stains, Dyes, Thinners Wood Preservatives Dry CIeaning Solvents, Carbon Tetrachloride Floor/Fumiture Strippers Other Cleaning Solvents Rock salt, Road salt ^ , Drain, Toilet, Cesspool Cleaners Refrigerants Bug & Tar Removers Photo chemicals Printing Inks & Dyes Pool Chlorine Pesticides, Insecticides, Herbicides Rodenticide, Fungicides Nitrate Fertilizer Jewelry Cleaner Leather Dyes PCB's Electroplating Sludges Others (List) Applicant Signature: Date: C:Wy FOeslDoEumentslApplicationlHEALTAPDdeterl0-99.WPD TABLE 2 SITE PLAN REVIEW REQUEST AND PROJECT DESCRIPTION FORM SUBMISSION DATE: 2-3-05 REVIEW DATE: _.' : TIME: i L ASSESSOR'S MAP NO. 98 LOT ea (Old Map Lot ) LOCATION OF PROJECT: 167 White's Path, South Yarmouth NAME OF BUSINESS/PROJECT: Snow & Jones, Inc. APPLICANT NAME: Snow & Jones, Inc. APPLICANT ADDRESS: 167 White's Path APPLICANT PHONE NUMBER: ENGINEER/SURVEYOR Down Cape Engineering, Inc., Daniel A. Ojala TITLE REFERENCE: see plan REGISTRY SURVEY: see plan DESCRIPTION OF PROJECT: (attach addldonal pages if necessary) This is a Formal Site Plan Review fiUng for a 3000 s.f. addition to an existing building. The Addition will house additional showroom area for the whole"Ic clients, Site Improvements include drainage, sidewalks, trues & landscape islands. ZONING DISTRICT: B3 FLOOD ZONE: C BUILDING SIZE: 27,217 (Square feet) Attach floor plan(s) ✓ BASEMENT: o FIRST FLOOR: 27,217 SECOND FLOOR: o MAXIMUM NUMBER OF EMPLOYEES: 12 Exist + 4 New -16 DO YOU HANDLE/STORE OILS OR HAZARDOUS MATERIALS? Nona',,- c-03ji4,, IF SO, ATTACH LIST OF THEM BY NAME, QUANTITIES, AND Nc cvortvi, PROPOSED METHODS OF STORAGE/HANDLING/DISPOSAL/ETC. BOARD OF APPEALS ACTION EXPECTED: Unknown/AfV w^ti%Vr1. IS THE PROPOSED CONSTRUCTION WITHIN 100 FEET OF A WETLAND? NO SIGNED: �`� �-- 2-/3✓0� '*Mt 8 MPes or this tornpieted form and the site plan to the tADepartrrknt In order to get N(Xz Dro)ed On the S►te Plan Review b=XU. A 9" copy is reqtAfW tr wiCln 100 fL a a wetland. Formal_ Infonmal_Review SITE PLAN REVIEW COMMENT SHEET Date: February 15, 2005 Applicant: Snow &.tones, Inc. New Map: 98 New Lot: 80 Location: 167 White's Path South Yarmouth Old Map: old Lot: Persons Present: Terry Sylvia Carl Lawson Barny Jones Mathew Bearse Karen Greene Dan O'ala Tim M land Vern Santos Bruce Mu h Prolect Summary The applicant proposes a new 3000 square foot addition to an existing metal building, presently used for the safe of plumbing supplies. The new addition would be used for the wholesale sale of plumbing fixtures and would be a showroom for those clients. The site is located in the B3 Business Zone and within the Aquifer Protection Overlay District` (APO). � ii( Building- While the Building C missioner was not present, he did submit the comments below. The use is identi In Table 202.5 as G1. The proposed addition and parking areas lie within the zoning district. A small portion of the northerly side of the proposed addition lies within the(40 � zoning district a entire site lies within the APD. 2, The total proposed impervious lot converge is 72%. Table 203.5, Footnote P limits such coverage to a maximum of 70%. Therefore a variance is required from the Board of Appeals 3. 1 am unable to determine if all existing side and rear buffers are compliant and whether additional parking Is being proposed. More definition Is required. A special permit as per Section 406 and Table 202.5 or In the alternative a 'Determination of Non Applicability' outlined in Section 406.5.1.1 Is required because the site Is within the APO. All construction shall comply with the applicable provisions of 780CMR (State Building Code), Including Construction Control. Conservatlon: Not present. Design Review: Not present. Community Development: Project will provide 3-4 additional jobs. Recommended speaking with Building Commissioner/Zoning Administrator regarding the discussion of the retail and wholesale use. Project will allow a local business to remain competitive and viable. Engineering: Area underneath proposed addition Is currently pervious since no plans were filed for any `existing' site work there. The applicant proposes to remove pavement from SE comer of site and replace with gravel. Without more specific Information provided, this area will be deemed to be Impervious. �t1R1 Fire: PIV valve needed, as well as engineered sprinkler plans for the proposed addition. LPG storage concerns II addressed. GLIHealth: All Material Safety Data Sheets (MSDS) should be kept onsite and be available to all employees. Fire Dept. recommendations should be followed regarding the storage and labeling of flammables such as propane tanks. Note on plan under septic; the Nitrogen calculation, existing leaching, septic flow in GPD. No floor drains allowed In building -existing or proposed, (it was stated no floor drains now) Planning: The applicant has Indicated that retail sales would also be accommodated, which Is not allowed in the B3 district. Since this Is an expansion of use, Zoning Bylaw section 301.2 requires that the site meet current parking requirements or seek relief from the Board of Appeals. Parking spaces nearest to White's Path appear to extend beyond the front of the proposed addition. if this is the case, relief from 301.4.1, paragraph 2 is needed. If Board of Appeals action is required, it Is suggested that the Board should note In any written decision that the Zoning Bylaw restricts the use of the site Is to wholesale sales mLy and that retail sales Is prohibited. Such a notation might help eliminate future confuslonlmisunderstanding. I6 . Water. Service and fire line are not to go under the stab, they need to be relocated and shown to the water dept on a final plan. Read & Received by Applicant(s) .� 0 Because I will be on vacation the week of February 14-181 will be unable to attend the February 15 Site Plan Review Meeting. However, I am submitting my comments as follows: SNOW & JONES, WC 167 WHITES PATH S.Y f SITE PLAN PREPARED BY DOWN CAPE ENG. FEB. , 1. The use Is identified In Table 202.5 as G1. The proposed addition and parking areas lie within the 83 zoning district. A small portion of the northerly side of the proposed addition lies within the R40 zoning distrtcL The entire site lies within the APD. 2. The total proposed Impervious lot converge is 72%. Table 203.5, Footnote P limits such coverage to a maximum of 7D%. Therefore a variance is required from the Board of Appeals 3. 1 am unable to determine if all existing side and rear buffers are compliant and whether additional parking Is being proposed. More definition is required. 4. A special permit as per Section 406 and Table 202.5 or In the alternative a 'Determination of Non Applicability' outlined In Section 400.5.1.1 is required because the site is within the APO. 5. Ali construction shall comply with the applicable provisions of 780CMR (State Bid. Code) Including Cons"ctlon Control. 115 ROUTE 28 W.Y. 'WINDRIFT PLACE' (informal) SITE PLAN PREPARED BY DOWN CAPE ENGINEERING FEB. 3, 2005 3 of 3 pages 1. Time site lies within the 62 zoning district. 2. Twelve (12) detached two family structures are proposed. Two families are Identified In Table 202.5 as an A2 use. 3. The existing use It A7 Hotel/Mote1. 4. The proposed setbacks and fire separations are not depicted. However, page 1 Zoning Summary table describes a side setback as 2.T 5. A small portion located in the northwest comer of the parcel lies within the APD. 6. The proposed building coverage is 30%. Table 203.5 restricts the maximum to 25% in the B2 district. The total Impervious lot coverage is not defined. 7. An ANR is necessary to combine the two parcels. S. A well defined landscape plan is necessary. No We or mar buffers are depicted. 9. The applicant Is proposing to apply for relief pursuant to Section 411.5 ROAD provisions. Otherwise the following relief would be necessary: a. A special pemiit for two family dwellings In the 82 district as per Table 202.5 b. A special permit to `raze & replace' the existing non -conforming structures, as per Section 104.3.2 (3) c. A special permit to change the existing non -conforming use to a different use as per Section 104.3.2 (4) 10. Other relief may be necessary as the site becomes more defined In terms landscaping buffers and other related site Improvements. 11. AU construction shall comply with the applicable provisions of 780CMR (State Bid. Code) and 521CMR 277 White's Path, south Yarmouth, MA (Map 109, Parcel 1) OF'YaR�r $ r ° TOWN OF YARMOUTH BUILDING DEPARTMENT -O�'H 1146 Route 28, South Yarmouth, MA 02664 508.398-2231 ext.1261 SIGN PERMIT APPLICATIONG� Date Application Accepted Permit No "/S " 00 Z)sSIJ Applicant Instructions 1) Applicant shall complete both sides of application. 2) One application form is required for each sign. Each sign will be assigned its own permit number. 3) Applicant shall attach separate 8 W'x 11" sheets including the following diagrams: A) Design, dimensions and colors of the proposed sign B) Freestanding Signs: provide certified plan by a professional land surveyor that describes how the proposed sign meets the zoning requirements included in Zoning Bylaw 303.5.6 or 303.5.4.2 (as applicable). A stamped and sealed "as -built" will be required before the permit will be issued. C) Attached Signs: show length of portion of building frontage that is occupied by applicant. D) Temporary Signs: show location for sign' 4) Sign permits are $40.00 each, payable at the ilme'of application. Address of proposed sign 277 rEE 2*4T1-1 Historic District Nd Name of Business for proposed sign Lt/ 4:V/1✓ Name of Business owner G G U AV C- /i// Mailing Address of Business owner-2-7 7 4--All �� Arl s'6y-4&Ai4& 7W ohs. Business Owner Phone: Business -� =3�� 510 014 2d Home Name of Building Owner CJ if1 G /V��i %~ Phone Sign Builder AV.*WpZo, r l S-1C/AlCO Sign Materials S� Sign Builder Address. 6 3 C C , 4 AV#4W/ To' .5o SiA&. O 2- e. C S' phone 3 — 2..7 2_� Singly Occupied Building Business Center intemal Light_2<,Yxterna1 Light Freestanding Sign Size: Attached Sign Size: Temporary Sign Size: Date Please complete other side of Sign Permit Application All Permits are sub•ect to the a nova! of the Sign Inspector I hereby agree to conform to the provisions of Town of Yarmouth Zoning By-Iaw Section 303 governing sign construction and installation, I further agree that this sign will not be altered, added to or changed in anyway unless a new permit has been issued Sian Permits are not valid until the Building Commissioner issues Use and Occupancy Permits (where applicable). Freestanding sign permits are not valid until the "as -built" from a professional Iand surveyor has been received. Signature of Applicant: Date? Property Owner Authorization: I hereby authorize the applicant to act on my behalf in all matters related` to this sign application. (Signature:,&- M6 „� � Date ' �q ' 14 Approved by: With the following conditions: I have read and understood the conditions of this Sign Permit listed above: Date 8 • i1 'lY N� So � G{n i1VJ C N � z�l w �1 Qi •w1 � � • 1 Mo W �l i� ■ f l 1 ■ 1 s B x '�. �yjr 'it�`,.•,.1,9 s:7lS'+.5�: �,it� �.?�:. r 4+t•.%- �`*. �4 c:t�'ri �. c s w e ti. a ��. ,• ,F. ;�� lv �,c �y r !��. � x,�. �• • IN E—' W b �m N O f4 W oa O Jz O Q 2 = NLU 11 Man Q a� J CIA to V O F_ v� ?7'y,' liy :�1t":*t s '�rlf-cLo :�1• Cf wr d� , 00 i Date: January 2. 2001 cation: 277 White's Pat SITE PLAN REVIEW COMMENT SHEET Present: Formal / Informa Jim Brandolini TerTy Sylvia Peter Richmond Mark Tubbs Beth Schultz Peter Bryanton Bill Greene Bruce Mu h Comments: The applicant has met Informally with the Site Plan Review Team to discuss the possibility of constructing a 1 story addition to the the existing building for office use. The present use of the site Is G1 wholesale (masonry supplies). The building and lot conform to existing dimensional requirements. A site plan, per 103.3.4, Wit be required as well as a plan showing the size of the addition and the present parking area so that parking calculations may be made. A floor plan of the existing building and proposed additioln must be also be supplied. Impervious coverage calculations must also be provided. Water: Water will have to be cut & capped before work Is done . Water service wilt be sleeved and replaced at owners' cost. Economic Development: The proposed project will not increase Job positions. The new addition should match existing exterior building materials and colors. Engineering: The proposed project may require an upgrade of parking and drainage structures. Existing drainage should be shown on the formal site plan. Fire: No significant change to impact the fire department. Health:The building is In a zone 2, current septic system Is large enough for proposed and exisiting office area. There are 4 employees, there will be no Increase in office employees. Floor plan of existing and proposed office area and square footage must be submitted. Applicant stated there were no floor drams within warehouse. Building Dept. 1. Construction shall comply with all the applicable provisions of 780CMR (State Building Code) 10 Reviewers: POP rjw, r�r■ u 295 White's Path, South Yarmouth, MA (Map 109, Parcel 99) ;rffµ_- .J -f �.OAtJttO/1lY�.LiIL 0� „fiC,/ci7 • l . ocru: l USC Wwr 1�spart 0/,tits Permit No. --� T';= ` .. ervi�a BOARD OF FIRE PREVSMON REGULATIONS , 0."Y and Fee Checked P. I I199j rtn%M hL-1.tr1 APPLICATION FOR PERMIT TO PERFORM. ELECTRICAL WoRk AI a be peribmxd in asmrel= with the Mz==:h,uctts L ccuic_l Cod (NIC" S27 aIEt 12M. (PLLISE P t 11V INK TyPpLLINFORM,17101VI Da tc• f C1 rToWn or: To Utelhxpectoraf fYires: BY this appti= n the ttttde ancdy Yes notic_afLis orkcr intention to pe'rforrn the cc tricakdesct�tiraricedb�'oQ,. Lacdtiou (Street S: t umber) � t Owner or Tenant Owner's Addm= Is this permit In conju ctiodNvitit a buiildirsgpermit' YCs El Na (Chcc" AppmpriateRai) Purpose or Building Utility Authoriulion `io. t E=istin;; Service Antes / Volts New scr%ice, • Anips /`^Volts Number of Feeders and Ampacitr Location end Nature or Proposed Electriri;Yoric Overhead Q Undgrd a La Overhead Q Undgrd No. ofti AUG � No. oC Recessed Futures •• C I ...... —1,z ,` Yo. of Cecil.-Susp. (Paddle) Fats GIC 11`av oc waned by t1+c 1�tz=,ar of;Kt= ocrl Tmmformcrs 1{V1 Na. oCLighting Outlets iNo. of Fiat Tubs Ceacrntors lr'`rA No -of Lighting Futures j5Mraminy Paol Above Q n- �rttd. grnd. Q t a. at �,usrrg-n� gaunt' BanervUnits No -of Receptacle outlets 4No. of Oil Burnerz FIRE A ARZ1-IS 1Yo. ofZ.aes No. of Stiritc.'Zes Vo. of Gas Burners No. of Dctccuon aria 'i..nitiatins Deti�ces ' No. of RWn;es jiYo. of Aix Coael. TTi aos lNo. of Alertin; Devices \a. oCtiVcste D'uoosers eat ntnp t unwer ons I jjt`lo. of a zontarnca Tot--W IDetec:ioniAlerttn7Devics No. oCDialiivnsltcrs jSpartlrtzHtzting KW Lacri Q M unicpat C Other Connection No. OCDr;c: 1iie,tia appiiantu I `Securityayste=-. i No. of Dcsic;.s or eariv;ient V t u. at water Heatcrs I�`;V t o. of S,.ss BnlIasts Data ;Viriug: No. of De-dccs or 7ad-r-Dent No. Lsydrotrta.ssage Batlitubs 1`lo. of,) lators 'total HP � etecommuntcruoas _tang: o. of Deice , or OTHER: Attsci addition d4ral if d •irez. or cs rr;uired Jr UIC Lapccar of Krrs. it`1SURA_`iCE C0VERACE: Unl= waived by the o%v=, no perrmt Cur the performsnc: of slec---,CZl nrori. —y isrue unless chic iicc:ser provides proof of liability iruur::nc ineudi.ng "completed operation" cover ec or iu S.:os.:.aiial .-z .:ratcut. 'lice unde.,i9=:? c ;-LMcs that such coverage is itt Corr., and his edhibited proof of sacra to the pe:r..it issuic3 0T= CHECK oNE-- M'SUIz NCE )21 now -7pl OTMa p (Spec:ry-) Esti=ted Value of Elamncal Wori-' �y(£-; on D:tc) �y {SYhca zt:yuircd by �tniclrs! policy.) ;Noel; to Sharer d" /S~� Q Q Inspections to be rrquestad in =0rdaur with MEC Rule 19, ud upon ==kdoa. I ernif}•, undar ere pains and penaltics afpe)juq, char die infornratian on this appliewion is tr t and cowplsrc FI W Y.�titE: G n A LIC►1Os Llccnscc: S,naiure «, L1GNiO.X (1l aApiicabi , enter "wr ' in t !i s aruabtr rw Boa. Tel. i Address: . 2 iez , lt. Tel. ti • /' 2 OIYNER'SINSURANCE 1VAIVER.Iunawarcc�ittheliccrm doer no hn-0theliabilityi cortegeaarmslly required by Iaw. By my signauue below, l h=by araivc tliis trquhtmu tt_ I am the (check anc) ❑ owner C=S = i 2acas. O,ttscrlaycnt PERJIi'7"FEE. S t"r Sigt�scytt•e Telephone No. nt�c��uvr� IWAUG )s saoo ..eG0,vo APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, (MEC), 527 CMR 12.00 OF r�9� (OFFICE USE ONLY) FrSEPMOUTH 0 5 2000 Fee: $ /�/ PERMIT NO. (PLEASE PRINT IN ��P,E—A '7NFOVAfATION) Date: !7_1 To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to described below. Location (Street & Number) ,a, g .� l�/ �(t S �Cs4� S7t 7 1 Owner or Tenant } t' Owner's Address Is this permit in conjunction with a building permit? Purpose of Building Existing Service 700 Amps l 2-? I VIO Volts New Service Amps 1 Volts the electrical work ral ,��JJ UU I I.�{ Ycs ❑ No (Check Appropriate Box) SEP 0 5 2000 (( Utility Authorization No. G O, W.V. 13 Overheao Undgrd [� No o Ime Overhead ❑ Undgrd ❑ No. of Mctcrs Number of Feeders and Ampacity �/ Location and Nature of Proposed electrical Work:. • S V a Ckttn ldion o t/x follming table m4y be waited by the Inr raor of Warr No. of Recessed Fixtures No. of Ceil.-SuU2.(Paddle) Fans No. of Total Transformers KVA No of Lighting Outlets No. of Hot Tuh5 Generators KVA No. of Lighting Fixtures AVove In- Swimming Pool grnd. ❑ end. ❑ No. of Emergency lighting Battery Units No, of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Detection an Initiating Devices No. of Ranges Total No, of Air Cond. Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Num r ons — W_ No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Municipal Local ❑ Connection ❑ Other No. of Dryers ry Hearing Appliances KW ), pp � ecucuy yu,cicc No. of Devices or Egwpvalent No. of Water Hearers KW No. of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. Hydroma sage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent Attach additional detail tfdoired, oral required by the Imrpeciorof lira. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including `completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE. INSURANCfk: BOND[] OTHER❑ (Specify:) >DD attonDate) stimated Value of Electrical W (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule I0, and upon completion. �I certify, under the pains and nalties o perjury, that the information on this application is true and complete. F1Rb! NAh! 1e LIC. NO. Licensee Signature LIC. NO. (If applicable, enter "exem " in the license number line.) Bus. Tel. No.: Address: Alt. Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I and the (check one) owner ❑ owner's agent. Owner/Agent Signature Telephone No. [Rev.0i100) 10'd 900L ILL-909 ' ,T OW 3M/- OL+OW ,6t2-AOe9. dt t ? ZO 00-OE-Bnv 0 TOWN OF YARMOUTH 114GROUTE28 SOUTH YA.RNIOUTH hiASSACHUSE7TS0266,M451 Telephone (508) 398-2231, FAA 261 — Fax (508) 398.2365 BUILDING DEPARTMENT May 24, 2000 Wholesale Embroidery, Inc. Diane Motler r 250 Barnstable Road Hyannis, MA. 02601 Re: 295 Whites Path Dear Ms. Moller: BUILDING ELL rRtc.AL GAS PLUMBING SIGNS Reference is hereby made to your letter of May 2, 2000 concerning our meeting at which we discussed a proposed use of 295 White's Path as an wholesale embroidery business. Please be advised of the following: 1. The property in question lies within the B-3 zoning district the Aquifer Protection District. 2. The proposed use would fall within Table 202.5, G-I Wholesale Trade -Wholesale of durable or non -durable goods 3. Said use is permitted under the B-3 district 4. Said use will require a special permit from the Zoning Board of Appeals or in the alternative, you may file for an exemption pursuant to Section 406.5. 1. I —Special Permit Non - Applicability (copy enclosed). I am also enclosing an application that is to be submitted with your use & occupancy permit application. Finally, please feel free to contact me should you have further questions. Very truly, ' d- James D. BrandolK C.B.C. Building Commissioner Enc. 2 JdblJDB Perdad on RKydd PNW 299 White's Path, South Yarmouth, MA (Map 109, Parcel 98) Date TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, NIA 02664 508-398-2231 ext. V GCT 212010 CUILAW SIGN PE t' IA�` � �Lcr OCT 202010 01 Permit No. [1UILDINQ DEPT Applicant Instructions ©y 1) Applicant shall complete both sides of application. 2) One application form is required for each type of sign. Each sign will be assigned its own permit number. 3) Applicant shall attach a separate 8'/T'x I I" sheet including two diagrams: A) Design, dimension and colors of the proposed sign(s) B) Freestanding Signs: Indicate location of the proposed sign(s) with setbacks from property lines that are at least 6 feet. Attached signs: must show running footage of portion of building frontage occupied by business. Location / Address for proposed sign(s) ,29q �N t fe � J - A-!,'i U e Assessor's Map Lot Zoning District: B 1 B2 B3 Res 1_ Histt..Dist Name of Business for proposed sign(s) 62gq AJAR 16 I` 4V4 �s�► 62Q. s/ / S�� A-T[W+� 4 Name(s) of Business owner(s) o29q 444 � LLe Mailing Address of Business owner(s).,. , oZq 9 " "/ 4 %�1-4- d y�►zo.r� , /N �- az6e y Business Owner(s) Phone: Business Home Name of Building Owner(s) 02'7'? �hi� L� -phone Sign Builder 6tdW Sign Materials01 UC Sign Builder Address, /Z- At/X J. )l'uml Phone_ S '3 qY' IFAV6 Internal Light External Light YP J Freestanding Sign(s) Size of proposed Freestanding Sign: Attached Sign(s) Size of proposed Attached Sign: Tem ornSi n s Size of proposed Temporary Sign Dates of proposed Temporary Sign: Please complete other side of Sign Permit Application ✓'�l All Permits are subiect_to the approval of the Sign Inspector i hereby agree to conform to the provisions of Town of Yarmouth Zoning By-law Section 303 governing sign construction and installation. l further agree that this sign will not be altered, added to or changed in anyway unless a new permit has been issued. Sign Permits are not valid until the Building Commissioner Issues Use and Occupancy Pennits (where applicable). Signature of Applicant: Date fG %Q— /L,) Property Owner Authorization: I hereby authqjze the applicant to act on my behalf in all matters related to this sign application. This Permit Replaces k Approved by: With the followine conditions: 1 have read and understood the conditions of this Sign Permit listed above: Date h - /9 -/b Date gyp. 2,0./b 1 1 1 I Schematic Site Plan ��.�r4 7k1��f•�,� '`�r�x v's,',.?1r��,� T+;.��S��r l � r '� �1 M1 a ST ,.t s24.,,, '+�' 1 ��T••`��.1.. �A�+t�l,1'11C,+ h s ijl ��+t # /+.`t 1 hwa te:.6jiMitl Cap.e,,.�.�� y. Undeveloped Strip of Land n vE rc.T '4^'y,,r s.•w.gia 1•. '- :,Vy . 1'.s'lrt T 1 i „ l.. y�. �.• Cr ..tti�l� Cy'P• �w r t J til,ic i'.�. �Iif1�, S�• Y �,ii , S ...v y } (J <<'Grassy 44 / /ys e Catch Stairway Gr',4�� ;1�t;and 2nc� f; to BasinsFioo r? 2nd Floor •.dspha��r's `� ' � ��.�Sttoyv�oom 1! j!-jsE;".P�Vezr :Si Oce;Areas al Cape Cod Wholesale I.,a',I;Community :i Embroidery .,a�km9.' �; �T. ;;#299 1 .� rs �r, r�, �� ;, Media Center Inc.,a 7kj Channel -Sept + Dense 1 k; ': rl Vegetation A S of xr �jji�rBf101]8� Y •'.t 3L n Approximate nand ,Vegetation r ,� ,'= property Boundary (Red) r+ E.F. Winslow L Plumbing and Heating Location: 299 White's Path South Yarmouth, NU Date: July lb, 2010 Not To Scale Based on Visual Observations -Z lei n/j TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, NIA 02664 508-398-2231 ext. 1261 SIG TION RECE �AR 29 2012 � L) t 2' J PermitNo. �`1-2_1 Applicant Instructions BU aTM T 1) Applicant shall complete both sides of 2) One application form is required for each type of sign. Each sign will be assigned its own permit number. 3) Applicant shall attach a separate 8 V4"x I I"sheet including two diagrams: A) Design, dimension and colors of the proposed sign(s) B) Freestanding Signs: Indicate location of the proposed sign(s) with setbacks from property lines that are at least 6 feet. Attached signs: must show running footage of portion of building frontage occupied by business. Location / Address for proposed signs �1_ . w1`,t P S P c�X ,` 101�1 lY�� I yl Assessor's Mat)112 Lot?LZoning District: B I B2 B3 Res Hist.Dist Name of Business for proposed sign(s) 6 W ux Name(s) of Business owner(s) VU C LDEA j `�C�7C C\M'k, ` Mailing Address of Business owncr{s) .�� ` 1UV1 t' Business Owner�s) Phone: Business 6_r Ilome Name of BuildingOwner(s)%-k� Phon6u% ' I i LT �3 Sign Builder 11— �0 YY1�� _. Sign Materials Sign Builder Address" W ,5 \il.Ll !� �� Phone � •� Internal Light r allZPSLeJ1,�_ External Light Freestanding Sign(s) Size of proposed Freestanding Sign: Attacb(41 Sign(s) Size of proposed Attached Sign: Temporary Sien(s) Size of proposed Temporary Sign Dates of proposed Temporary Sign: Please complete other side of Sign Permit Application All Permits are subject to the approval of the Sian Inspector l hereby agree to conform to the provisions of Town of Yarmouth Zoning By-law Section 303 governing sign construction and installation. 1 further agree that this sign will not be altered. added to or changed in any way unless a new permit has been issued. Sign Permits are not valid until the Building Commissioner issues Use and Occupancy Perntils (where applicable). , Signature of Applicant: Property Owner Date 40/10� 1 hereby authorize the applicant to act on my behalf in all matters related to this sign application. (signature} Date - This Permit Replaces # Approved by: With_the following conditions: t have read and understood the conditions of this Sign Permit listed above: Date 3 .,j 0. IL LL �*a 0 :z= z c5 � an N 0 CL U 0 w 0 U z N d 7 W 0 uj N zz 2 �0 N w p wm W 0 z w , m 0 }} 436 8 E5 Ir 3` / i �■ Its it{{{41U Niij`� Ila 7•araarrrarrr h a � 1 � FILED WITH TOWN CLERK: PETITION NO: 3176 TOWN OF YARMOUTH BOARD OF APPEALS DECISION APR 7 1995 HEARING DATE: March 23, 1995 PETITIONER: Terry & Lauren Doucette 206 Landing Drive Brewster MA 02631 REGEll t.`►; -95 APR 7 P 1 :50 ioYiN CLLRK iitC�`,l'i f PROPERTY: 299 Whites Path, South Yarmouth MA. Assessor's Map 88 Parcel Ell. ,EMBERS OF THE BOARD PRESENT AND VOTING: Les Campbell, Chairman, Fritz Lind- quist, John Richards, Richard Brenner, Roger Tuttle tIt appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in the Yarmouth Sun, the hearing was opened and held on the date stated above. The petitioners, the proprietors of this business, presented their petition to the Board. They currently operate a business in Dennis and wish to relocate to this existing facility in Yarmouth. The site is located within the Industrial Zone. No alterations to the building are proposed. The use proposed will include the manufacturing, packaging, and wholesale shipping of exercise equipment from the site. There will be no retail sales, although the petitioner proposes to have his products displayed for viewing by wholesale customers. All of these acti- vities are allowed of right in the Industrial Zane and by special Permit in the APD overlay district, except for the fact that the manufacturing process includes a "powder coating" stage. This is not allowed in the zone, and would require a use variance. The petitioner related that the by-law restriction on such a "powdering process" probably did not intend to apply to the particular process he will be using. His is a very new and safe technology, developed in order to comply with the 1995 Clean Air Act. The spraying of the electrically charged powder coating is done in a contained spray booth, which will have an enhanced air filtration system. There are no floor drains in the build- ing. After the powder is sprayed on, it is baked into a permanent coating on the product. v The entire process has been reviewed by the Health Department. They do not oppose the proposed use, provided certain conditions are met. These 6 con- ditions are set forth in the memorandum to this Board, dated March 23, 1995, prepared by Mr. Meyer, the Hazardous Waste Inspector. These 6 conditions are incorporated herein by reference. The petitioner indicates that he can and will comply with all of these requirements. No other opposition was received by the Board from the audience nor from the other reviewing boards or agencies. This Board is satisfied that the relief requested may properly be granted. With the conditions imposed by the Health Department's memo, the one phase of the processing will not pose any substantial harm to the neighborhood nor to the town. The principal activities are allowed in the Industrial Zone. The single phase of the process which is not allowed has been adequately provided for in order to avoid any undue safety concerns. The intent and purpose of the by-law would be frustrated if this use were not allowed, under these circumstances. It would be unproductive and unduly burdensome, under these conditions, to prevent the single phase of this use to be allowed on this site. Therefore, a Motion was made by Mr. Lindquist, seconded by Mr. Brenner, to grant the Variance to allow this use, as proposed, on condition that the & titioner comply with the conditions and safeguards set forth in the Board of Health memo of March 23, 1995. Mr. Campbell, Mr. Lindquist, Mr. Brenner, and Mr. Tuttle voted in favor of the Motion; Mr. Richards voted against the Motion. A second Motion was made by Mr. Richards, seconded by Mr. Brenner, to grant a Special Permit for the use in the APD, on the same conditions as the Var- iance. The Board members voted unanimously in favor of this Motion. The petition is therefore granted. Appeals from this decision shall be made pursuant to ss17 c40A and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk Board of Appeals w THE COMMONWEALTH OF MASSACHUSETTS APPEAL #3176 YARMOUTH City or Town BOARD OF APPEALS Date: April 27 , 1995 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section l 1) The Board of appeals of the City or Town of hereby certifies that a Variance or Special Permit has been granted To 'Terry & Lauren Doucette Address 206 Landing Drive City or Town Brewster ,MA 02631 affecting the rights of the owner with respect to land or buildings at 299 Whites Path, South Yarmouth MA. Assessor's Map 88 Parcel E11 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 -- special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section i l (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or 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 recor- ding or registering shall be paid by the owner or applicant. Chairman Clerk Foam 109.8 i!- - ... •,C IS.4 TOWN OF YARHOUTH BOARD OF APPEALS CERTIFICATION OF TOWN CLERK I, George F. Barabe, 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 # 3176 and 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. George F. Barabe Town Clerk TOWN OF YARMOUTH BOARD OF APPEALS MINUTES HEARING DATE: March 23, 1995 MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, John Richards, Richard Brenner, Roger Tuttle #3176 Terry & Lauren Doucette, 206 Landing Dr., Brewster MA. Property and/or structure located at 299 White's Path, South Yarmouth MA. Asses- sor's Map 88 Parcel Ell. The petitioner requests a Special Permit under Section 202.5 of the Yarmouth Zoning By -Law and/or .for a use authorized in the "Use Regulation Schedule" section E14 to allow manufacturing, pow- der coating, and shipping of exercise equipment. Mr. Campbell read the petition. The petitioners Mr: & Mrs. Doucette 4he e present and presented their appeal. Mr. Doucer e s mply res ate request as stated on their ,application. Mr. Doucette represents that he has designed and will man- ufacture equipment and ship equipment under special order for fitness equipment retailers. All functions of the operation will be under one roof. Mr. Campbell: Will you actually be manufacturing these machines. Mr. Doucette: Yes. I designed the unit and will manufacture them here. We take raw steel, cut it, drill it, weld it, coat it, box it, wrap it, and ship it right from this location. It is a pretty unique business to the Cape. Mr. Campbell: is there another business like this on the Cape. Mr. Doucette: No, and one of the concerns from everybody is the coating. Basically, what we are applying for is powder coating. It is a new technology. It is environmentally safe as the Board of Health has stated in their comments. We will be creating 5-6 jobs within 4-6 months with hopefully more to come. Mr. Campbell: T will read the correspondence into the record. Site Plan Review comments, March 14, 1995. Health'Department letter March 23, 1995, approves request with special conditions. Michael Strobel, March 16, 1995, refers to the Water Quality Advisory committee and the Board of Health. Board Members: Mr. Tuttle: Will you be able to handle all of the,,Conditions 'sted on the Board of Health list. Mr. Doucette: Ye asically we are dealing with two ingredients, a cutting fluid, ater soluble oil, that is mixed with water, and the mixture is about 20-1. Each of the machines is self-contained. They recirculate and refilter. What we will do in each area where these machines are located, as Darren Myer is the Health Department suggested, is have one and one half times the amount of the capacity so that if one of the machines should leak that there is a bermed area that would con- tain that. That is not a problem for us. On site at the maxjnumwe would have is 10 gallons-of-thig-cutting fluid, two five- allonpail`s. We have agreed with Mr. Myer that we will purchase and a nsiany spe- cial containers to com ly. As for the powder coating, it is classified as a nuisance dust. --We are all looking at it as is there a problem, could there be a problem. There is a lot of information available. Basically, it is pretty harmless and environmentally friendly. What we 'are doing is monitoring it to make sure. We are spending an extra S2000 for an extra filter system for the spray booth that is 99.9% efficient. -Mr. Richards: What is the coating that you are going to put on. Mr. Doucette: It looks like baby powder. I don't even know the chemical compound. I gave all the information to Mr. Myer in the Health Depart- ment. He reviewed it and in his opinion it is considered a nuisance dust. Mr. Richards: What does it do. Does it apply a color to the metal Mr. Doucette: There is a positive/negative charge. The piece of metal is negative and the powder is positive. It is sprayed with a gun, the gun puts an electric charge into the powder, and the powder wraps around the metal. After you apply it, you roll it into an oven and bake it for 15 minutes, and in the oven it gels up and fuses to the steel. There is no solvent, there are no primers, and there is no mixing. Mr. Richards: It said you were not planning any retail sales. Is that accurate. Mr. Doucette: There is a beautiful spot out front. It has a lot of exposure. My intention are to dis lay my e ve a factory sho�gin. At least my clients could come in any look at my equipment. It would give me a lot of exposure. Mr. Richards: If there is any retail, it would effect the parking situ- ation. Mr. Doucette: My customer, well, I may have one customer per week who would could come in to look at equipment. It is not the bulk of our business. Mr. Richards: Does you supply come in tubing Mr. Doucette: Yes, 20' and 24' lengths of steel. Mr. Campbell: Mx. White, for clarification, you have a right to deter- mine the non -applicability of this special permit by requirements of the APD. You have referred him on to Board of Health and then the Board of Health states that they are in favor of the request. Mr. White: I think he has to address the issue here at the Board because its a Special Permit under the APD. Mr. Brenner: No questions Mr. Lindquist: My concern, since you are in a district which can very well contribute to the well water, what precautions are you planning to take to be reasonably sure you will not get into the ground water. Mr. Doucette I have to work with Darren Myer from the Board of Health. Whatever he recommends, whatever condition he imposes, I will comply to. Mr. Lindquist: You realize that if you are going to plan a r of any kind, you are going to have to come back re-tfis board. Mr. Doucette: Yes, I understand tha . Mr. Campbell: The building is not going to change, is that correct. Mr. Doucette:_'Na are not ing an2� construction I ide. We will use the building a8 .rThere-is nfo-'fbu"iTd oiio walls. The building works very well for us. We are using the whole building. Audience: In favor of the petition: Bill Anthony, owner of the property. This gentleman is presently in business in Dennis. He wants to move his business to Yarmouth. No one else spoke in favor. In opposition to the petition: No one -spoke in opposition. Mr. Campbell: Mr..White,.do you_have.a._commentyouu.would_like to -make. Mr. White: I have no objection to the business per se, but I guess I am hung up on the variance situation here. I have not heard much that 'addresses the requirements for a variance. Mr. Lindquist: Mr. White, since this is an industrial zone and it is changing to another industrial situation, could this not qualify for a special permit as opposed to a variance. Mr. White: No. I am talking about the use variance. Mr. Campbell: What category does this come under. Mr. Lindquist: I think E14. Mr. Campbell: Forrest do you know what category this falls under. Mr. White: Yes, E14. Mr. Campbell: The criteria for a variance is a literal enforcement of the by-law which would involve a substantial hardship, financial or otherwise, to the petitioner; the hardship is relating to circumstances 'relating to the soil condition, shape, or topography of such land; desi- rable relief may be granted without either substantial detriment to the public good or nullifying or substantially derogating from the intent or purpose of the by-law. Do you want to make a comment on any of these three. Mr. Brenner: Could -we discuss the tent of the by-law to protect. In this case with the electric static app is pe of coating being safe, the intent of the by-law was to protect and in this case it does not -have to protect if it is that safe. Thereby this might be a reason to grant it. Mr. Doucette: I would assume when thatkyaw--wa tten that powder coating was not in existence. This a new technolo It is designed to enhance the Clean Air Act of 1995o, wou imag.ne that that law was written considering conventional coating such as auto body and con- ventional spraying which has a lot of solvents, chemicals, and so forth which are very hazardous to the environment. Mr. Campbell: The criteria for a variance is a very difficult one to meet. So, the board will take it under advisement at this time. DECISION Mr. Campbell: I want to ask a question. Mr. Doucette, you went before Site Plan Review. Did any one at Site Plan Review make mention to you that you needed a variance. Mr. Doucette: I had.na idea. I thought was just applying for a Special Permit. Mr. Campbell: Ok. So you were not advised that this was a variance situation. Mr. Doucette: No, I was not. Mr. Campbell: I notice on the Site Plan Review comments it just says relief. It was not specific. Mr. Tuttle: If he can meet all the other conditions, I do not have a problem with this. Mr. Richards: My only problem is that under E14 under manufacturing specifically in an industrial zone is by appeal except no for coating. But, here is my problem. That makes it clear that we are not to permit coating in this zone, but I just wonder about the modern systems which re cleaner, safer. It appears to me that the petitioner has got that / pretty well covered, and if he doesn't I think the Board of Health does. (((( So, my only problem is that the wording in E14 has a footnote, and thats a problem. Personally, I am in favor of the petition except for that. I don't think that wording should be in there because it covers everything with a blanket which may not be suitable. If this is a clean, safe, environmentally safe method, it should be allowed. it is an industrial zone. Mr. Campbell: I concur with your comments. Mr. Lindquist: I have no objection with the operation being there. I think thats what that section of town was designed for laid out for. The unfortunate part as far as I am concerned is the business of a variance. They ask'for a special permit, but a special permit isn't it. How is it possible for him to meet the requirements for a Variance. Mr. Brenner: Can I try. First of all the hardship. He is working out of two locations. That is a hardship. You have to have an extra employee probably to keep both going efficiently. There is no substan- tial detriment to the public good as presented. The surrounding sites are similar business locations. There is no derogation from the purpose and intent of the by-law where its listed on a chart together with fabricated metals. It is put together, but I think the intent was coat- ing with solvents. This does not apply. This is a dry coating like fabric. It almost should not be considered a coating as I think the intent of the by-law is. I am sure there is a concrete floor in there. It is not like it is going penetrate c te. Mr. Lindquist: Mr. o ette, is there a drain in tha �uilding. Mr. Doucette: No there is not. Mr. Lindquist: I am prepared Mr. Chairman to make a Motion to grant.a variance as requested by the petitioner with the understanding that he meet all the criteria and requirements of the various boards in the com- munity including, of course, the Fire Department. Thats the first part of the motion. The second part of the motion is something we have talked about informally in the past, and that is where this should be a forever permit or whether this should be reviewed at the end of a period of time. Mr. Campbell: For the benefit of a discussion do we have a second on the motion. Mr. Brenner: I'll second it. Mr. Campbell: Any discussion. Mr. Tuttle: In paragraph 6 it states that an annual licensed must be secured. Mr. Lindquist: ok. Well then I am not prepared -to add that to the motion. Mr. Campbell: Any further discussion on the motion. No response. Mr. Campbe :-�, those in favor of the Motion ind cdte-by saying Aye. M Lindquist, Aye, Mr. Brenner, Aye, Mr. Tuttle, Aye, Mr. Campbell., Aye. Mr. Campbell: All those opposed Mr. Richards, Aye Left ecord show 4 in favor and 1 in opposition. The variance is therefore granted. Mr. White: -You should discuss the special permit issue in the APD. You haven't granted him anything yet. All you have granted is the use. Mr. Campbell: Well, I think that we should continue and make another motion probably. . Richards:"`I'11 make that Motion that we grant a special permit f this operation since it is in the APD district. Mr. Brenner: I'll second it. Mr. Campbell: Any discussion on the Motion. No response Mr. Campbell: All those in favor say Aye Mr. Lindquist, Aye, Mr. Richards, Aye, Mr. Brenner, Aye, Mr. Tuttle, Aye, Mr. Campbell, Aye. Let the record show the vote is unanimous. TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: February 24, 1999 PETITION NO: 93525 HEARING DATE: February 11, 1999 n-.-,�-� ti., r 'yJ- r EG -24 r', w 15 ti CL PETITIONER: Loring W. Wordell, Jr. dba The Countertop Shop The Wordell Corporation PROPERTY: 299 White's Path Map: 88 Parcel: E11 Zoning District: B3 MEMBERS PRESENT AND VOTING: David Reld, Chairman, James Robertson, John Richards, Michael Jones, Joseph Sarnosky, Mike O'Loughlin non -voting alternate. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by ~ posting notice of the hearing and published in The Resister, the hearing was opened and held on • the date stated above. The petitioners seeks a Special Permit per bylaw §301., §406, §104.3.2, in order to change the use of their existing commercial/industrial building (in the 133 zone) to operate his Countertop Shop (D3 & ES) business there. The petitioner was represented at the hearing by Attorney Peter Freeman, accompanied by Mr. and Mrs. Wordell The petitioner proposes to convert this existing building to his own use, including a small customer showroom, an office, workshop and warehouse area. He will occupy the entire building. No structural alterations are proposed. They presently operate the same business on Mid -Tech Drive in West Yarmouth, and have outgrown that location. They have complied fully with the APD and Health Department requirements for handling of potentially hazardous materials, and will continue to do so. (see correspondence in f1e). The operation involves three (3) commercial trucks, and 10 employees. The only concern for the proposal raised by the Board was the adequacy of the parking lot. Only 10 spaces are presently provided, and there is tittle room for expansion. The petitioner represents that most of his business's work (relative to his customers) occur at the customers home, not in the shop. He is out of the shop, visiting customers, most of the day, and most of the employees spend much of their time off site, at customer's locations. Based upon their experience at their present business location, they are confident that the parking will be adequate. The petitioner was expressly cautioned that no parking would be allowed in the buffers nor on the street, and that if parking proved to be -1- inadequate, he would have to make other arrangements. The petitioner understood and expressed confidence that this would not be a problem. The following appeared in opposition to the petition: The Planning Board, by memo. The Board finds that the requirements of § 104.3.2, §406., §301.2 have been met. The Board finds that the proposed change of use may be permitted, without causing any undue nuisance, hazard or congestion, and without being substantially more detrimental to the neighborhood. The Board members, while skeptical of the parking lot's adequacy, are willing to give the petitioner the benefit of the doubt as to the particularized needs of his business, especially given his established "track record" at his other site in town Therefore, a Motion was made by Mr. Robertson, seconded by Mr. Richards, to grant the Special Permit, as requested and as represented at the hearing in order to allow the petitioner to conduct the proposed Countertop Shop (use ES & D3) at this site, without requiring additional parking, and to allow the use to be made within the APD, on the condition that the petitioner comply with all requirements and regulations for the handling, storage and disposal of any hazardous materials. The members voted unanimously in favor of this motion. Therefore, the Special Permit is • granted. 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 WA §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. n David S. Reid, Clerk -2- rP a LU r 6. 6 N m A m z C Y_ Eta$ z ="o 3r N uuN u U WE r Q,. C N_ O Q i M dN 5� 4a� 0 Qz z�c� N9 z c� N ago EL 2 U 307 White's Path, South Yarmouth, MA (Map 109, Parcel 96) ki 774 X7I 233 / .o� TOWN OF YARMOUTH Building Department I xt.1261 L D I N G PERMIT NO ` � •, , , , , , , , , , (508) 398-2231 e� �13 ,. .---.--- PERMIT �• ISSUE DATE 8/15/20' PROPOSED USE _ APPLICANT �RolandCatlpnani - - * * . . . . . . . . . . . . . JOB WEATHER CARD .... .. PERMIT TO Alterations AT (LOCATION) JOW7WHITES PATH ZONING DISTRICT® Bldg. Type: Commensal SUBDIVISION MAP LOT BLOCK 108.96 LOT SIZE BUILDING IS TO BE: CONST TYPE EB- USE GROUPC update bathrooms HP compliance, new tenant entrance, new wall In showroom, accoustical cellin9 tiles. REMARKS window replacements, reroof, misc. remodel wort; as per plans 13113, ( P) REA fSQ Fn EST COST fS 13100.000.00 1 IP170IT FEE fit S450� OWNER Young's Innovation, LLC 1311 1 P41QEPT BY ADDRESS III AM Street West Yarmouth I MA ID2673 C r41fl t 1 D� CONTRACTOR LICENSE 005157 Cadgranl, Roland 110 State Road Unit 7 Sapamors Beac MA 02562 5083267873 PHONE 5083674109 L Departmental Approval for Certificate of Occupancy and Compliance Inspector Date Permit Number Aynroved By Remarks BUILDING PLUMBINGIGAS ELECTRICAL ENGINEERING HEALTH ..�. �j • /,/ L1tS�i /a • DIY. FIRE WATER OLD KINGS HWY To be filled In by each div*on trutcated hereon upon completion of Ets final Inspection. ZED YOUNG'S ELECTRONIC SYSTEMS, INC. 11 ARLINGTON STREET, W. YARMOUTH, MA02673 - (508) 77M177 FAX (508) 778-0176 UQ May 29, 2013 Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Building & Health Departments Subject: Young's Electronics Proposed Use of 307 White's Path Property, S. Yarmouth Young's Electronic Systems, Inc is a local family owned and operated specialty marine electronics company. We support boaters throughout Cape Cod and the South Shore with mobile service vans. The 307 White's Path property would contain an electronics showroom for the boaters to view from a selection of marine electronic products. Our staff services and installs the electronic systems onboard. Our electronic repair shop would test and repair the products. On occasion a small boat may be brought to the property via a boat trailer and be left onsite for local service at our facility; typically this may occur 2 to 3 times a month. In addition, our company does support all local towns Harbormaster Departments, Public & Safety Departments, as well as Homeland Security. My family is looking forward to continue being and having a professional marine electronics company located in the Town of Yarmouth. Sincerely, , t oungt Young's Electronic Systems QUALITY SALES, SERVICE AND INSTALLATION ---------------- Lti5� :Jul Z95ZD Vri'uoeag a,otuaog rv�my�vsrrJy yJnouuvA yJOToS t opens 'Peat' eteis 0 t t •y) rd rp/ym LOC c ioo"t d^aio Aoft OTT SNOIAVAONI S.ONIIOA A ,pajw RM a�u mod NOLLVAON-4M d3'$OdOL/d 11111111,100 ucvb & '1'wU FAA LY ONLY— BUILDING PERMIT G r • 'ram C APPLICATION TO CONSTRUCT, REPAIR, RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLIN -r Town of Yarmouth Building Department Y �^ 1146 Route 28 • South Yarmouth, MA 02664-4492 • �51, o+r.,. Ord 508-398-2231 "t.1261 Fax 508-398-0836 Office usa aNy PUAft1np Baud tntorrr1arios Assee = Depvtr&d Irdaruubon: Permit No. Date Per type My La Permit Fee S Enknw a Date Re=ding Uste New Deposit Ree'd. Date Plan Na 1.4 Property Dimw:t arts: Net Due $ other Lot Afea(st) Fmabgc (ft) tniCov se onkt. Btj1ktlzi P. emift N11mb mb sects««, to .. r.,... e.17 �'r `„j.r ..Jf•.y•.�.ti1..,,."_: rw`••Pc6irwkif9i or . 4• �i '•��'f�J_•.. -Kacocn Z- F 2.1 owns o1 ME 2.2 Authostzed ,7Vciluf 1 w1 • %.QrL3 rtx,Don % s.s tkWUL44Canxbuctim GG WaMrV Addrm UZlO7� 51W-3(e7-10 Tetephorw .fA Not Appruabls ❑ �i UMI. Numbw cs - 005'1 5'7 1 Q . exp"bon Dare Telephme �/��// y Addrm Telephone Iot2 Not Wcade, ❑ LiMMe Number F.rpi anion Data OVER S6CtOm.4LvMrKera L:Orn eriaa. _ Workers Compensation Insurance affidavit must be completed and submitted with this application. Fanure , to provMe thle affidavit w(A result In the denial of the issuance of the building permit. Signed Affldavit Attached Yes .......... No .......... sectiart s- ae at.Qro Wbrk (dMat tRap*.aM) Naw Coniftd0a ❑ I Na. of sedmorra Na of Benart: Exhtf»q any 0 1 MOM 0 accessory 6tdg. 0 Type gembrtbn other specify: Brief CescripdOn al Prapased We& 916. SocdeM e i mtsd Cdnsitttcifon Casts Item 5sttmaled Cost ( OUM) to hs carrrpktsd tyy permit apRtkWA 1. Bulf 2.tlectriew 3, / Gas 4. Madmi eat (HVAC) 5. Fire Prat*c fon a.Tobdo(1 +7+3+4+5) 1. raW Sq mm Ft Cs+ ham" liglm* SectSdrT 7f! • oWii�r A rtzntldt'- 7a be FAW Check Beknn ❑ Censemdon-Comnlzzl n Fl1fng (V aPpifcWe) ❑ Otd } 1 MN � rtcal (it applimbfa) C,njWSAdvjar CcrftactcrApptles for 8141kitn ffm* as owner of the subject property hereby authorize LA2 to act an my behalff to all tten to work authorized try this building pemut application. sqn&&" of ownw 5ectlort 7b - Ownfrfau A ent f7ecfarat)ort i , as cwnedAuthortzed Agent hereby dedars that the statements and Informatlan an the foregaing applkadon are true and accurate. to the best of my Wm7*Isdgs and bedef, Signed under the pains and penalties of perjtuy. D Pr" ra" Stgrtattu+ of ovr+K/l�gsr+l - 9-tJ•99 2 of 2 Oat* ISection 8 - Description of Proposed Work (eheck all anollcable) New Construction ❑ I (for multiple family onty) No. of Bedrooms (for multiple lamay only) No. of Bathrooms ' Existing Bldg. [;y Repair(s) Alterations I � Addltlon ❑ Accessory Bldg, ❑ Type Demolit ion Other Specify: 9 S v'Ea Brief Description of Proposed Work: '0A L f4V 4'V AW C►v7ri ik% tAV $ Section 7 - Use Group and Construction Type Building Use Group (Check as appllcapable) Construction Type A ASSEMBLY ❑ A-1 A-4 ❑ ❑ A•2 ❑ A-S ❑ A-3 ❑ 1A i B ❑ ❑ 13 BUSINESS 2A 20 2C ❑ ❑ ❑ E EDUCATIONAL ❑ F FACTORY ❑ F-t ❑ F•2 ❑ H HIGH HAZARD ❑ 3A 3B ❑ Q I INSTITUTIONAL ❑ 1-1 ❑ t•2 ❑ 1.3 ❑ M MERCHAKTILE ®' 4 p A RESIDENTIAL ❑ R-1 ❑ s-2 ❑ R-3 ❑ SA sel ❑ - (� S STORAGE ❑ S-1 ❑ S-2 U UTILITY ❑ SPECIFY: SPECIFY: SPECIFY: M MIXED USE ❑ S SPECIAL USE ❑ Complete this section It existing building undergoing renovations, additions and/or change Ili use. Existing use Group: . VS t'4£s5 .f Existing Hazard Index 780 CMR 34 — ._ Isroposed use Group: Al Proposed Hazard Index 780 CMR 34 W7 Section a Buildin Hel ht and Area I - BuDding Area Existing (if applicable) Proposed Number o1 boons or storsas rL include basement levels Floor Area per Floor (sl) Total Area All Floors (so p TOW Height (ft) I I ( p Section 9 - STRUCTURAL PETER REVIEW (780CMR 110 11 Independent Stnxlwai Engineering Structural Peer Review Required Ye's .......... No .......... SECTION 10a OWNER AUTHORIZATION -TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, MAA�4 �iwht !>\ `,NGrt , Ulrtl�l(ti f S tJ ay��c,,n t , as Owner of the subject property, hereby authorize C& JCZt A1/ (-!`4) *rr— to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date 3 of 4 OVER SECTION 1 Ob OWNER/ AUTHORIZED AGENT DECLARATION : I _ ,�y4y,� ytf /�/ G ,yc�{L �%Qj �S 1A1,I10VAiji�SOwner/Authorized Agent hereby declare that the statements and inf-o-rmration on the forgoing application are true and acurate, to the best of my knowledge and belief. Signed under the pains and penalties of perjury. }�ijh�-iL ltJ • . Print Name Signature of Owner/Agent I Check Below I ❑ Conservation -Commission Fling (it applicable) ❑ Old Kings Highway 3 Historical Commission approval (if appilcable) 4of4 Date 67, gab." dW,()A.3 -11t t»-U. rit-lj vaK-1G. tr TOWN OF YARMOUTH Building Department Town HaO Yarmouth, MA 02664 (508) 398-2231 wd.1261 BUILDING PERMIT TRANSMITTAL Tamp Permit No.: T-14-049 Applicant Name: Roland Catignani Applicant Phone: 5083267873 Building Location: 0307 WHITES PATH Owner's Name: Young's Innovation, LLC Owner's Addres 11 Arlington Street West Yarmouth ' MA 02673 Owner's Telephone: (508) 367.4109 REVIEWED BY: 1. WATER DEPARTMENT: 2. ENGINEERING DEPARTMENT: 3. CONSERVATION: 4, HEALTH DEPARTMENT: 5. BUILDING DEPARTMENT: 6. FIRE DEPARTMENT: COMMENTS: RECEIPT OF COPY: (OFFICE USE ONLY Recorded By: Ic Permit Fee: $0.00 Deposit Rec: $50.00 Payment Type: Check ChkNo.: 24783 Net Owed: ($50.00) Application Date: 8/7/2013 Issue Date: Expiration Date PLEASE NOTE I SIGNATURE OF APPLICANT: Comments: Map/Lot: 109.96 update bathrooms HP compliance, new tenant entrance, new wall In showroom, accoustical ceiling tiles, window replacements, reroof, misc. remodel work DATE: N/A: DATE: N/A: DATE: WA: DATE: N/A: DATE: N/A: DATE: NIA: DATE: Date Printed: 8I7/2013 313 White's Path, South Yarmouth, MA (Map 109, Parcel 95) TOWN OF YARMOUTH S G BOARD OF APPEALS DECISION Bk 29089 P9252 Y40 336 08-21-2015 a 02=4490 FILED WITH TOWN CLERK: June 30, 2015 PETITION NO: 4604 11EARING DATE: ,Tune 25, 2015 PETITIONER: Ann Marie Properties, LLC (Purchaser from Robert B. Our Co., Inc., Current owner) PROPERTY: 313 White's Path, South Yarmouth, MA Map & Lot#: 0109.95 Zoning District: B3 and APD Book &Page: 10188/ 300 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Scan Igoe, Debra Martin, Chuck Hart and Bryant Palmer 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 Register, 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 G1 use within the Aquifer Protection District (APD). The property is currently owned by Robert B. Our Co., Inc., and Petitioner plans to purchase the property if all necessary permits and relief are secured. The lot is located in the B3 Zoning District and contains approximately 49,670 square feet of area, and is currently unimproved with any structures. The Petitioner proposes to construct an approximate 9,900 square foot steel frame building which will house the operations of Johnstone Supply, which is a wholesale distributor of Heating, Ventilation and Air Conditioning equipment and parts (GI Use), and will store up to 100 gallons of hazardous materials on the location, with various forms of secondary containment. 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 June 15, 2015 regarding the operation of the Petitioner's business at this location. On June 1, 2015, 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 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. In addition, compliance with the recommendations of the Site Plan Review Comment Sheet, dated May 26; 2015, will be a condition of this relief. The Board finds that the Petitioner has demonstrated the requirements of Zoning Bylaw §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 down gradient property boundary. Accordingly, a Motion was made by Mr. Igoe, seconded by Ms. Martin, to grant the Special Permit, as requested, incorporating all of the 6 Board of Health Regulations in the Memorandum, specifically recited on Page 5 thereof. The members voted unanimously in favor of the Motion. 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 aver 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) Steven DeYoung, Cbrdman TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, TLASSACHUSETrS 02664-4451 Telephone (508) 398-2231 ext. 1240, Fax (508) 760-3472 BOARD OF HEALTH MEMORANDUM TO: Zoning Board of Appeals (ZBA) FROM: Cara E. Lawson, Jr., Hazardous Waste Inspector SUBJECT: Proposed new Johnstone Supply Distributor 313 White's Path Petition Number 4604 DATE: June 15, 2015 Background Johnstone Supply Is a nationwide distributor of HVACR (Heating, Ventilation, Air - Conditioning, and Refrigeration), plumbing, heating, and electrical supplies, According to their website Johnstone supply was founded In 1953 in Oregon and presently has over 375 stores and six distribution centers throughout the U.S. The Johnstone Supply location closest to Yarmouth is In Bridgewater, MA. The owners of the Johnstone Supply In Providence, RI seek to open and operate a new South Yarmouth location. Proposal Johnstone Supply seeks to construct a new building and open a wholesale location at 313 White's Path in South Yarmouth. This location is within the Town's Aquifer Protection District (APD) for the public drinking water supply. The materials proposed to be stored and sold Include toxic and hazardous materials commonly associated with the aforementioned industries. Examples of such materials include, but are not limited to; specialized cleaners, various oils, various lubricants, refrigerants, Insecticides, insect repellents, and nontoxic plumbers' antifreeze; an antifreeze with a much lower toxicity than combustion engine antifreeze. Up to 100 gallons of toxic or hazardous materials in container sizes of up to five gallons are proposed to be stored at this location. This figure Includes the nontoxic antifreeze. Regulatory Items 1) It is understood Johnstone Supply will need a ZBA Special Permit in order for the business to store toxic or hazardous materials in excess of normal household quantities within the APD. 2) While no floor drains were included in the original proposal and floor plan, more recent building plans provided to Town departments for the May 26 Site Plan Review meeting Indicated a floor drain. Furthermore it is indicated the floor drain will be 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: a 1500- gallon concrete holding tank inside a 2500-gallon concrete holding tank which serves as secondary containment; a high-level liquid detection monitor and a leak detection monitor. The reason for the inclusion of the floor drain is that indoor vehicle parking is now proposed and in such instances State Plumbing Code requires floor drains connected to holding tanks with the holding tank system design in conformance with the aforementioned DEP regulation. Johnstone Supply has been informed by the Health Dept. that onsite vehicle washing; either outdoors or indoors with wash water captured by the holding tank is not allowed. The reason is that vehicle washing constitutes a more intense use of the floor drain, associated piping and holding tank than simply the receiving by the system of rainwater and snowmelt water from vehicles brought indoors. Businesses in Town that use systems such as that described above for vehicle washing are required to: (1) have Prior Board of Health approval and (2) submit an annual certification report by a Massachusetts — Registered P.E. stating that the system was tested and all components were found to be operating as designed. This ensures that no wash water Is leaking into the environment. Johnstone Supply decided not to pursue approval for vehicle washing. 3) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990 Is applicable to this proposal as the involved quantities of materials are In excess of the licensing threshold of 10 gallons. The regulation Includes, but Is not limited to, 150% volume secondary containment of toxic or hazardous materials. Toxic or Hazardous Materials Delivery The materials will be delivered to the 313 White's Path location by delivery trucks (UPS, FedEx or other delivery trucks), The materials will be unloaded by hand, by pallet Jack or by forklift. UPS and FedEx deliveries are smaller and will be unloaded by hand. Larger truck deliveries will be unloaded by forklift or pallet jack. Toxic or Hazardous_ Materials Storage All of the toxic or hazardous materials will be stored Inside a dedicated storage room that is indicated on the floor plan. Furthermore, all of the materials will be stored on two spill control pallets each with a 73 gallon sump capacity. The two spill control pallets collectively yield a total secondary containment volume of 146 gallons. Given that Johnstone Supply requests a 100-gallon quantity of materials the proposed secondary containment volume is acceptable (100 gallons X 150% = 150 gallons). If the 100-gallon maximum storage capacity is achieved it will be equally distributed between the two spill control pallets. Toxic or Hazardous Materials Use No materials are proposed to be used onsite. All materials are for resale only. Toxic or Hazardous Materials Distribution and Sales The materials will be distributed and sold by employees who access the materials from the dedicated storage room and then provide them to customers. Toxic or Hazardous Materlals Disposal Spent refrigerants In steel recovery tanks will be accepted by Johnstone Supply from customers and then shipped to a chemical recycling facility. While refrigerants should not be released to the atmosphere they are not a threat to the aquifer, nor do they require secondary containment as they take a gaseous form if exposed to air. No other hazardous wastes will be accepted for disposal and none will be generated by this operation. Environmental Safeguards 1) All materials will be stored on the aforementioned polyethylene spill containment pallets inside a dedicated storage room. 2) Absorbent material Is required to be maintained onsite, 3) A spill response plan will be conspicuously posted and Johnstone Supply employees will be familiarized with the plan. 4) Container sizes are limited to five -gallons. 3 Additional Information 1) Four Johnstone Supply employees are proposed to work at this location. 2) The proposed hours of operation are 7:30 AM to 5:00 PM, Monday through Friday and possibly 8:00 AM to 12:OOPM on Saturday. 3) No vehicle washing, fueling or repair Is part of this proposal. 4) The forklifts proposed for use at this site are electric powered. Health Dept. Requirements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage which apply to the proposal by Johnstone Supply. 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 materials is allowed. 4) All materials must be protected from vandalism. 5) Materials must be stored in covered product -tight containers. 6) All 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 by a licensed hazardous waste hauler. 8) Material Safety Data Sheets (MSDS) for each toxic or hazardous material must be maintained onsite and be readily available. 9) An absorbent material must be kept onsite for use In the event of spills. Board of Health Recommendations Attorney Paul Tardif presented the Johnstone Supply proposal to the Board of Health (BOH) at their meeting on June 1. The BOH approved recommending the proposal of Johnstone Supply to the Board of Appeals by a unanimous vote based on the ability of the business to comply with the Town of Yarmouth Board of Health Regulation: 4 "Handling and Storage of Toxic or Hazardous Materials" and based on the following six (6) conditions: 1) The maximum onsite storage of toxic or hazardous materials Is limited to 100 gallons total. 2) The maximum allowed container size for any toxic or hazardous material is 5 gallons. 3) A detailed material spill containment plan must be conspicuously posted at all times and all employees must be familiar with the plan. 4) No vehicle washing is allowed. 5) No vehicle repair is allowed, 6) No vehicle fuelling is allowed. The Board of Health and Health Department respectfully request that if this proposal is approved by the Board of Appeals the preceding six (6) items be Included In any Board of Appeals Declslon. Furthermore, if allowed by the Board of Appeals these items will be Included as conditions of the annual Board of Health license for the business. 5 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4604 Date: July 21, 2015 Certificate of Grantina of a Snecial 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: OWNER: Robert B. Our Co., Inc. Great Western Rol., Harwich, MA 02645 PETITIONER: Ann Marie Properties, LLC 480 Turnpike St., So. Easton, MA 02375 Affecting the rights of the owner with respect to land or buildings at: 313 White's Path, South Yarmouth. Zoning District: 133 & APD; Map & Lot#:0109.95; BooluTage: 101881300 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. �a Steven DeYount„ irman :OF Y TOWN OF YARMOUTH N Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4604 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. PARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Formal X Informal,,,,_ Review SITE PLAN REVIEW COMMENT SHEET Date: May 26 2015 Now Map: 109 New Lot: 95 Aonlicant: Ann Marie Prooerties. LLC Old Man: Old Lat: Path , South Yarmouth Persons Present: KathyWilliams Jim Brandolinl Attorney Paul Tardif Carl Lawson Bruce Murphy Dan O ala Down Cape Jamie Armstrong Glenn Amore Ryan Holmes Scott Amore Rob ell Brad Kuhrtz P-rolact Summary Proposed 9,900 sf commercial building and associated parking and loading facilities. Site is an existlng commerclal storage lot. Proposed use Is wholesale distributer and supplier of HVAC equipment Comments IIldl : (1) The site lies within the B3 Zoning District and the APO, (2) The proposed use Is Identified as a G1 use, as er Table 202.5. (3)The proposed use requires a Special Permit as per Table 202.5 and Secdan 406 APD. The use Is ermltted. (4)Based the proposed site plans submitted for this meeting, all site related zoning is compliant. (5) All work shall comply with the applicable provisions of 780CMR and 521 CMR. Community Development and Planning: The applicant addressed many of the comments from the Design Review Committee (DRC) In the SPR submittal. The DRC and Planning Department were pleased to see the applicant Incorporate Into the building design the DRC's suggestion to modify the front portion of the building to provide for a more traditional roof pitch and building materials (shingles), This change Improves the front facade facing White's Path slgnificantly and Is much appreciated. Other Improvements Include: removal of buried uulllles In the buffer zone that would Impact planting in the buffer, addition of in -tot trees and striping off of pavement needed for truck movements. The applicant has Indicated only box trucks will be utilized and It should be noted that the site design cannot accommodate tractor trailer trucks. Turning movements for fire trucks should be provided. Multiple tree species should be provided on the eastern buffer and the trees/lawn should be Irrigated. The brick veneer has been removed from the building and gray metal panels should be used. Conservation: Not present Deslon Review: Refer to attached DRC Comments from May 5, 2015 and Planning comments above. ine do : No comments. f re; Pet Chapter 148 MGL NFPA 13 Sprinkler system required, with smoke detector system monitored. PIV quired unless direct access to the sprinkler control room. Compliance with 527 CMR 1 Chapter 18 Flre epartment Access and water supply. Compliance with Mass building code 780 CMR 915.1 Emergency Responder Radio Coverage. ealttt: Note H2O under septic system profile, Remove note of vehicle washing; Must comply with Health Dept CL Hazardous Materials Regulation. Must register for Annual Hazmat License. Board of Health Meeting scheduled for .tune i.Proposed toxic and hazmat limit Is revised from 75 to 100 gallons. Wate_r. Oomesilc water line Is to be sleeved from ten feet before the front of the building under flooring slab to mechanical t� room. A PIV is to be installed on the fire line ten feet out from front of building. 11 fire line Is to be Installed under the floorrting, It'slatlg installed prior to pouring of floor. w Received */Applicant(s) 1 -A Review Is: O Conceptual 21 Formal O Binding (404 MotelslR.OAD. Project) 0 Non -binding (AB other commercial projects) • R oAeV Is br, ❑ Planning Board I@ Vestan-Rteview Committee If this is a conceptual review, a formal review W11 be required before Silo Plan Review. DESIGN REVIEW COMMENT SHEET Date: April 28, 2015 Map: 109 Lot: 95 Site Location: 313 White's Persons Present: OCR Members Pre t Yarmouth Town Staff Present Guests Sara .lane Porter KathyWilliams Town Planner Dan 01ala Down Cape Engineering Dick Martin i' Attorney Paul Tardif Charlie Adams Jack McCormack DRC Review Started at: 4:05 PM DRC Review ended at: 5:11 PM Prolect Summary The project Includes a proposed 9,000 square foot commercial building for a wholesale distributor and supplier of HVAC equipment (Johnstone Supply). The front of the building facing White's Path consists of the showroom area with the warehouse located In the rear. The building Is a large rectangle with small front porch area, shallow roof pitch (1:12) with no variation, and metal siding with some brick veneer. Site Improvements Include 23 parking spaces, loading dock area, landscaping and site utilities Including stormwater and waste water systems. The project is located on 1.14 acres parcel currently utilized for storage of pre -cast concrete structures. Attorney Paul Tardif gave a brief overview of the project and Indicated they were planning on going to the Zoning Board of Appeals for hazardous materials storage in the APR, which requires a Special Permit. Dan Ojala gave further details on the site design and building architecture. Colors would be red brick veneer with gray metal panels. Review Comments In Relatlon To Th©pesInn Standards SITING STRATEGIES Sect. 1. Streetscape ❑ WA 2 Meets Standards, or ❑ El Discrepancies: ct. 2 Tenant Spaces 21 WA ❑Meets Standards, or ❑ Discrepancies: Sect. 3. Define Street Ed4e ❑ WA © Moats Standards, or O Discrepancles: The building is located close to the road with parking to the side with street trees to help define the street edge. Sect. 4. Shield Larne Bu€ldinas 21 WA ❑ Meets Standards, or O Discrepancies: Sect. 5. Design a 2nd Story 17 WA 0 Meets Standards, or 0 Discrepancies: Sect, 6. Use Topo to Screen New Development © WA ❑ Meets Standards, or ❑ Discrepancies: Sect. 7. Landscape Buf(eWScEyentng 0 WA ❑ Meets Standards, or 0 Discrepancies: 9 —, Underground utilities should not be allowed within the required bufferareas to allow for the planting of trees In the buffer. The two water mains running along the length of the 10' bufforand the septic system within the 20' buffer along Whites Path should be relocated outside the buffer, to allow for 3" caliper trees to be planted every 20'ln these buffers. In addition, the construction of the building frost walls within 10' of the property line will likely Impact existing trees In this buffer and proposed tree planting should be shown on the landscape plan In this area (notlust a generic note). Effort should be made to retain existing trees of4" caliper and greater. Tree species need to be Identlfled, and native species. Provide multiple tree species an the eastern buffer. Lawn should be Irrigated. Sect, B. Parking Lot Visibility ❑ WA E Meets Standards, or ❑ Discrepancies: Parking Is shown to the side and rear of tho structure and screened with buffer trees. Sect. 8, Break-up LaMe-Parking Lots O NIA ❑ Meets Standards, or EO Discrepancies: There are 23 parking spaces shown, which require 3 In -lot trees. Only one of the trees shown would quallfyas In - lot trees as they are on the perimeter of tho parking area, not within the parking area. Sect. 10. Locate Utilities Underground O WA ❑x Meets Standards, or ❑ Discrepancies: All utilities shall ba located underground. Sect. 11. Shield Loading Areas O WA ❑ Meets Standards, or © Discrepancies: Although the loading dock area Is located in the rear of the building, It Is unclear how largo vehicles would be able to access the loading dock and exit the site. Dan OJala Indicated the trucks would be smaller box trucks (not tractor trailers) which should be able to turn around on site. Tuming movements will need to be shown at Site Plan Review. BUILDING STRATEGIES Sect. 1. Break Down Building Mass -- Multiple Bldgs. ❑ WA O Meets Standards, or © Discrepandes: The building Is one largo mass, rectangularin shape, with little to no modulation or changes In facade lines, roof lines or wall heights. A small front porch and use of an awning on the side entrance, are the only variations In facade lines. Even though the building Is a warehouse located In the B3 zoning district, additional effort could be made to the showroom portion of the building facing White's Path. This section does not require the roof height of the warehouse portion, and could be significantly Improved by having a more traditional roof pitch and using more traditional materials. At a minimum, repeat the two triple windows, exact same size, directly above the lower windows and Increase the pitch of the portico along the front facade. Seel, 2. Break Down Building Mass —Sub-Masses ❑ NIA ❑ Meets Standards, or IE Discrepancies: See notes from Sect. 1 above. Sect. Vary Facade Lines, ❑ WA O Meets Standards, or ❑O Discrepancies: See notes from Sect 1 above. Segt. 4. Vary Wall Heights ❑ WA ❑ Meets Standards, or © Discrepancies: See notes from Sect 1 above. Sect._ Vary Roof Unos ❑ WA ❑ Meets Standards, or ® Disaepandes: See notes from Sect 1 above. Sect. 8. Pring Down Building Edges ❑ WA ❑ Meets Standards, or © Discrepancies: See notes from Sect. 1 above. Sect, 7. Vary Building M 'Is FoLDenth ❑ WA ❑ Meets Standards, or © DiscreparuJes: Soo notes from Sect. 1 above. Sect. 8. Use Traditional & Nat'l. Building Mat'is ❑ N/A ❑ Meets Standards, or [K Discrepancies: Building materials are lnsulafedaluminum panels with brick veneer. Metal panels are not a traditional or natural building material. Gable end Is facing the public way which has more brick veneer. Include additional trees In the landscaped area along the eastern elevation to soften the long expanse of metal facade. The metalpanels should boa tan to better match the red brick veneer. Provide color samples of metal panel and brick veneer at Site Plan Review. Sect, 9. Incorporate Pedestrian -scaled Features 0 WA © Meets Standards, or ❑ Discrepancies: A small front porch and use of an awning on the side entranco provide for some pedestrlan•scaled elements. Sect. 10. Incorporate En-grAY-efficient Deslan ❑NIA 19 Meets Standards, or ❑ Discrepancies: Applicant will be incorporating energy-efflclent building design per Mass Building Code. Nexl.step for aaolicant: 19 Go to Site Plan Review 0 Return to Design Review for Formal Review It A Read & Received by Applicant(s) ! � !� � a = .\ 91J \ 327 White's Path, South Yarmouth, MA (Map 109, Parcel 931) i TOWN OF YARMouT,ARMOUTH BOARD OF APPEALS DECISION TOWN, CLERK 2917 NOV -9 Alf 11: 18 FILED WITH TOWN CLERK: November 9, 2007 RECEIVED PETITION: #4151 HEARING DATE: November 8, 2007 APPLICANTS: Jeffrey Fanara and Beth Adair Fanara dba Yardscape Landscaping & Bella Pools PROPERTY: 327 Whites Path, South Yarmouth, Map & Lot #: 0109.93.1 Zoning District: B3-APD; Barnstable Registry of Deeds Book 10990, Page 144 MEMBERS PRESENT AND VOTING: David Reid, Chairman, Sean Igoe, Diane Moudouris, John Richards, and Joseph Sarnosky and Renie Hammon, Alternate. Notice of the hearing having been given by sending notice thereof to the Applicants and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing was opened and held on the date stated above. The Applicants seek three (3) Special Permits pursuant to § 104.3.2 and §202.5 of the Zoning By-law. - . Petitioners seek to construct a 4000 square foot building and in -ground swimming pool on a lot containing 47,878 square feet, and to operate a landscape contractor's and pool contractor's yard, use codes B3 and D3. The Applicants also seek a Special Permit to alter or extend the pre-existing non- conforming use of the property as a cell tower site, use code F7. A Special Permit is required for a contractor's yard in the B3 and APD districts, and a Special Permit is required for a pool contractor's yard in the APD district. The proposed construction is shown on plans filed with the Petition. The site plan was prepared by Bennett & O'ReilIy, Inc, John M. O'Reilly, P.L.S., (4 sheets), and are dated September 10, 2007. The building plans were prepared by Space Buildings, (9 Sheets), and stamped received by the Town Clerk October 3, 2007. A portion of the property is currently occupied by a large tower structure, hosting several cell and radio antennas, with supporting ground structures. The Applicants seek approval to operate their landscape contracting and swimming pool sale and installation businesses from the premises. This use will be in addition to the antennas, which will not be altered or affected by the proposed construction or use. No one spoke in opposition to the project. The necessary information was submitted to Town Boards and agencies as required by the By-law for Special Permits in the Aquifer Protection District. The Applicants attended a formal Site Plan Review with other Town Departments, and their comments and suggestions have been incorporated. The Board finds that the proposed uses will not be substantially more detrimental to the neighborhood than the existing use, will not cause any undue nuisance, hazard or congestion, nor any harm to the Aquifer Protection District and that the site is well suited to the proposed uses. The site will be essentially a contractor's yard. Little actual work will be done here, as the crews are dispatched from the site daily to work at customer's sites. Few customers will come to the site. The swimming pool (built as a display for the business) will be a salt water pool, requiring few chemicals for its regular use. Small quantities of loom, stone, and gravel (but not compost) will be stored in the open bins at the rear of the parking area. The petitioner represents that the Iandscaping shown on the plan will be the minimum actually installed He actually intends to install considerably more landscaping, as this is a showplace for his business. The site has been underutilized for many years and this will be a significant improvement to the site and the area. A motion was made by Mr. Richards, and seconded by Mrs. Moudouris, to grant the Special Permits as requested and in accordance with the plans submitted by the Petitioners, on the following conditions: 1. Tile building must be fully sprinklered and a fire alarm system installed as recommended in the site plan review comment sheet and as represented to have been shown on plans previously submitted to the Fire Department. The Petitioners must also provide fire extinguishers and flammables cabinets, as recommended. 2. No vehicle or equipment repair or washing will be allowed on site. No bulk storage or sale of pool chemicals to the public will be permitted. The petitioner does not stockpile the chemicals used in his landscaping business, but purchases them on an as needed basis. However, a bermed area of 150% of the volume of the stored materials will be required for storage of up to 10-12 bags of fertilizers and pool chemicals used to maintain the on -site • pool which will be stored on site. 3. The one inch domestic water line must be sleeved, as recommended in the site plan review report. All work must be done by the Water Division or by an approved contractor. 4. Landscaping shall be installed and maintained as shown on the submitted plans. The members voted unanimously in favor, and the Special Permits are hereby granted, subject to the above conditions. No permit shall issue until twenty (20) days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to M.G.L. Chapter 40A, Section 17, and must be filed within twenty (20) days after filing of this decision with the Town Clerk. Unless otherwise provided herein, the Special Permits shall lapse if a substantial use thereof has not begun within twenty-four (24) months. (See By-law Section 103.5 and M.G.L. Chapter 40A, Section 9) 2 rr . Formal X Informal Review SiTE PLAN REVIEW COMMENT SHEET Date: September 25, 2007 Applicant: Yardscape Landscaping & Bella Pools Map: 109 Lot: 93.1 Location: 327 Whites Path, South Yarmouth _ Zone: B3 & APD Persons Present __._.._ Bob Kelleher Matt Farrell Bruce Murphy Jeff Fanara Te Ivia Vem Santos PmAdct Summary The applicant proposes to construct a new 4000 square foot commercial building on this site In the 133 Business District and Aquifer Protection Overlay District (APD) to be used for a landscape and pool construction contractor's yard. An In - ground salt -water swimming pool is also planned to be located on the site for display. The location Is presently the she of a pre-existing, non -conforming Use Code F7 Communications Tower and equipment shed(s). A landscape contractor is Bylaw section 202.5 Use Code 133 (SIC 078110782); a pool contractor is Use Code D3, Speciai Trade Contractor's Yard (SIC 1799). The B3 use requires Special Permits from the Board of Appeals for use In the B3 Zone and In the APD. The D3 use is allowed by right in the 63 Zone, but requires a Special Permit from the Board of Appeals In the APD. E)dension of the pre-existing, non -conforming site will require a Special Permit from the Board of Appeals under Bylaw section 104.32, Paragraph 4. Panting for 21 vehicles Is proposed; the site's parking requirement, based on the D3 use, k 20 spaces, per Bylaw section 301.5. One parking space has been allocated for the existing Communications Tower. The applicant proposes 15 employees. Buffer trees, per Bylaw section 301.4.4, are requited in the westerly buffer and in -lot trees are required per section 301.4.6. or renef sought from the Board of Appeals. Comments 13ulldin : Not present. Community Develownent: Not present. Conservation: Not present. pesian Reviev+r. Not present; see attached comments. l=neineedM: Not present. /`�: Fire Extinguishers, flammabies cabinets, would be required. The fire department would ask that as a condition, the / applicant be required to fully fire sprinkler and install a fire alarm system, due to the proximity of the cellular tower which ' we view as very critical infrastructure. `,� ealth: Property is within APD, show title 5 nitrate loading talcs on plan. no vehicle repair orwashing on site, No storage V `or sale of pool chemicals to public. Salt water pool outside fordisplay. No storage of herbicides or pesticides on site. If vehicle are parked inside building a tight tank Is required (no Inside vehicle storage is proposed) A bermed area of 150 °% is needed for storage of 10-12 bags If ferWizer and pool chemicals to maintain on site pool. Board of appeals will be needed for review and approval of fertilizers and pool chemicals. janning: See project summary. V/J Water. Sleeve the 1 Inch domestic water line. All work must be done by the Water Division or an approved contractor. The proposed pipe position, as shown on the plan, Is satisfactory. 3 77 White's Path, South Yarmouth, MA (Map 110, Parcel 7) 12/5124, 11:35 AM 377 Whites Path - Google Maps 377 Whites Path Yarmouth, Massachusetts Google Street View Sep 2024 See more date-. Image capture. 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