HomeMy WebLinkAbout5187 46 Commonwealth Ave Unit 4 Decision RecordedBk 37209 Ps92 �3946U
09-29-2025 a`1 12 = 14res
TO:
TOWN OF YARMOUTH IiOADOF
HE
1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 HEALTH
Telephone (508) 398-2231, ext. 1241 DIVISION
Fax (508) 760-3472
MEMORANDUM
Zoning Board of Appeals
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector C z—
SUBJECT: Zoning Board of Appeals Petition Number 5187
Quali-Tee Productions
Proposed Relocation
From 657 Route 28, Unit A-2
To 46 Commonwealth Ave., Unit 4
and
Request to store toxic or hazardous materials in amounts greater
than those commonly associated with normal household use as
referenced in Yarmouth Zoning Bylaw Section 406.5.1.1 (3).
DATE: August 5, 2025
Background
Quali-Tee Productions is a textile screen printing and embroidery business located in
West Yarmouth. The business was founded in 1981 in Marshfield, Massachusetts,
relocating to the Town of Barnstable in 1983, and occupying several locations in
Barnstable County prior to establishing at the present location of 657 Route 28, Unit A-
2. Mr. Steven Slawsby, the son of the founder of Quali-Tee Productions, began working
in the business at the onset in 1981, assumed leadership in 1988, sold the business in
2023 to Mr. Benjamin Dupell, and continues to serve in an advisory role, spending
several days per month onsite, in addition to making himself available to Mr. Dupell for
consultation. The Health Dept. has licensed and inspected this business since 2009.
Proposal
Quali-Tee Productions proposes relocating from their present location of 657 Route 28,
Unit A-2, a site which is not within the Aquifer Protection District (APD) for the Town's
drinking water supply to 46 Commonwealth Ave., Unit 4, a location which is within the
Town's APD.
The relocation is proposed for the purpose of securing a larger workspace which
provides a more efficient floor plan and room for the business to grow.
A TRUE COPY ATTEST
Y"g- ww#N-44
CI►I! :3 f CMC 1 TOWN CLERK
SEP 2 3 2025
Toxic and Hazardous Materials Delive
Toxic and hazardous materials consisting of those listed previously are presently
delivered to the inside of the business by UPS, during normal business hours and that
practice is planned to continue. The container sizes are one gallon or less.
Toxic and Hazardous Materials Storace
Except for emulsion remover in use (and within a proposed double walled tank system),
all toxic and hazardous materials present onsite will be stored within a secondary
concrete, bermed containment area to be constructed inside the proposed business
unit. The secondary containment area is required by BOH regulation to be 150% of the
total volume of toxic and hazardous materials stored. As stated previously, Mr. Dupell
identified the need for 100 gallons total of toxic or hazardous materials to operate.
During discussion I recommended he request an upper limit that allows for future
business growth. I have encountered businesses with zoning restrictions that
underestimate their needed volume of toxic or hazardous materials and then are unable
to take advantage of discount product pricing or be inhibited in their ability to operate.
Mr. Dupell and I made some initial trial calculations for bermed areas of various sizes.
Following below is an example of the reasoning for a specific volume secondary
containment area and the size calculations.
100 gallons of toxic or hazardous materials stock were initially listed.
Add 50 gallons of latitude for a requested total of 150 gallons.
An additional 50 gallons of material would not alter the delivery, storage, container
sizes, use or disposal methods described in this memorandum.
150 gallons X 150% volume of secondary containment required by Board of Health
Regulation = 225-gallon size, regulatory -complaint, secondary containment area.
One gallon = 231 cubic inches. 225 gallons X 231cublic inches per gallon = 51,975
cubic inches of volume.
Depth X Length X Height = Volume.
There are several construction methods for secondary containment areas. One
common method is to contract the area from cinder blocks mortared in place and coated
with a liquid -proof masonry treatment compatible with the material being stored. Mr.
Dupell expressed an interest in using this method.
A common size for a cinder block is 8" X 8" X 16". Given this size, an internal
containment area depth of 32" and a height of 8" can be readily achieved.
At this point, three of four variables are known.
32" depth X Length X 8" height = 51,975 cubic inches of volume
A TRUE COPY ATTEST:
h�A*g . WU^VJ064
UM-1g : f CMC 1 TOWN CLERK
SEP 2 3 2025
10)The screen is now pressed against the garment receiving the design.
11) The ink is cured on the garment through heat applied by a conveyor dryer.
12) Once all the garments receiving a particular design and color are printed, the ink
is manually cleaned from the screen using a rag (usually an old T-shirt) and
screen opener, which is a cleaner for removing inks.
13) The screen is then stored in a rack with other screens if it is expected the same
design will be needed soon.
14) If the same design is requested again soon the screen will be reused.
15) If the same design is not requested in the short-term, the screen will be cleaned
of the uncured emulsion so that a new design can be applied. This is the only
step of the process that is not presently conducted. This will be a new step to
maximize the use of each screen and limit the number of screens that require
replacement, which is the current method. This step will be completed by
manually submerging print screens into an open -top tank filed with emulsion
remover. The emulsion dip tank will be 20-30 gallons in size and be placed within
a secondary containment tank. Mr. Dupell and I have already reviewed
acceptable products.
Toxic and Hazardous Materials Disposal
Presently Quali-Tee Productions does not produce any hazardous waste.
With the addition of removing cured emulsion from the screens, hazardous waste will be
generated in the form of spent emulsion remover. Based on his research, Mr. Dupell
estimates the emulsion remover will have to be replaced following the treatment of
approximately 200 screens and has investigated hazardous waste removal companies.
Other Waste Items
Non -hazardous industrial wastewater results from the washing of uncured emulsion
from the print screens. This water is not flammable, reactive or caustic and is not
hazardous waste, but must be managed properly and is removed by a septic hauler for
disposal at a septic treatment plant. The most similar material I can relate this to, and
with which the BOH is familiar, is vehicle wash water.
Used rags are disposed in the general trash once they are dry. According to the former
owner of Quali-Tee Productions, these rags contain dried ink. The ink is not flammable
because it must be suitable for tolerating the heat applied by the conveyor dryer. The
Safety Data Sheet (SDS) for the ink supports the nonflammable designation.
A TRUE COPY ATTEST
�.A �4#44
CMI I CMC I TOWN CLERK
SEP 2 3 2025
Environmental Safe uards
1) All toxic or hazardous materials proposed to be onsite will have secondary
containment, as described previously.
2) An Emergency Spill Response Plan has been developed and is included for
BOH review.
Health Dept Reauirements
Yarmouth Health Regulation requires the following regarding toxic or hazardous
materials handling and storage, which applies to the proposal by Quali-Tee Productions.
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) All materials must be stored inside secondary containment of 150% volume of
the total amount of materials stored.
6) Containers of materials must be stored in such a manner to facilitate visual
inspection of each container.
7) Any waste material must be properly disposed of by a licensed hazardous waste
hauler.
8) Absorbent material must be kept onsite for use in the event of spills.
9) Safety Data Sheets (SDS) for each toxic or hazardous material must be
maintained onsite and be readily available.
License Condition Recommendations
Mr. Benjamin Dupell, owner of Quali-Tee Productions, presented his proposal to the
BOH at the regular board meeting on August 4, 2025. After discussion, the BOH
approved recommending the proposal of Quali-Tee Productions to the ZBA by a
unanimous vote with four members present and voting. This recommendation is based
on the ability of the business to comply with the Town of Yarmouth Board of Health
Regulation: "Handling and Storage of Toxic or Hazardous Materials" and based on the
following four (4) conditions listed below. These conditions are in addition to the strict
scope of the regulation and are intended to provide additional protection for the APD.
1) The maximum allowed total combined storage of toxic and hazardous materials
is 150 gallons.
A TRUE COPY ATTEST
CM100[CIVIC 1 OWN CLERK
rlilkt
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
�RPORAT60�
Petition #: 5187 Date: September 23, 2025
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: Benjamin Dupell dba Quali-Tee Productions LLC
PROPERTY OWNER: The Gas Man, LLC
Affecting the rights of the owner with respect to land or buildings at: 46 Commonwealth Avenue #4, South
Yarmouth, MA; Map 98, Parcel 87; Zoning District: B-3, APD, Zone II; Title: Book 36200, Page 96 and
the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its
decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision,
have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Sean Igoe, Chairman
A TRUE COPY ATTEST:
C[!!IMO TCMC / TOWN CLERK
SEP .2 3 2025
IARHQUTH TOWN CLERK RE
• H f- -
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 2, 2025
5187
August 14, 2025
Benjamin Dupell dba Quali-Tee Productions LLC
The Gas Man, LLC
PROPERTY: 46 Commonwealth Avenue #4, South Yarmouth, MA
Map 98, Parcel 87
Zoning District: B-3, APD, Zone II
Title: Book 36200, Page 96
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Barbara
Murphy, and Anthony Panebianco
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those
owners of property as required by law, and to the public by posting notice of the hearing and
publishing in The Cape Cod Times, the hearing opened and held on the date stated above.
The petitioner is Benjamin Dupell dba Quali-Tee Productions LLC, who appeared in connection
with the property located at 46 Commonwealth Avenue, South Yarmouth, Massachusetts, which
property is located in a B-3 zoning district, the Aquifer Protection District (APD), and Zone II.
The lot contains—41,307 square feet of area.
The petitioner seeks a Special Permit for E-8 Use to relocate an existing screen printing business
and to allow for storage of screen printing materials.
The petitioner proposes to relocate an existing screen printing business from 657 Route 28, West
Yarmouth to 46 Commonwealth Avenue, South Yarmouth. The new location for the business is
within the Town's APD.
The E-8 Use requires a Special Permit in the APD and the projected expansion of the business
includes an increase in the volume of toxic or hazardous materials storage — such as inks,
cleaning solutions, and solvents — for a total combined storage of 150 gallons.
At the hearing, no one spoke in favor of or in opposition to the petition.TRUE COPY ATTEST
,!
c��c cMc rSEP 23 2025
The project has been well -vetted by the Yarmouth Board of Health. On August 4, 2025, the
petitioner appeared before the Board of Health, which issued its unanimous recommendation to
proceed to this Board for relief.
At the hearing, the petitioner testified to meeting with the Hazardous Waste Inspector, reviewing
the Hazardous Waste Inspector Memorandum, dated August 5, 2025, and planning to follow all
the requirements and recommendations recited in the Memorandum.
This Board also reviewed the Memorandum drafted by Carl E. Lawson, Jr., Hazardous Waste
Inspector, Yarmouth Health Department, and was satisfied that with the imposition of the
requirements and recommendations recited in the Memorandum, that the petition would meet the
requirements under the bylaw for the issuance of a Special Permit. As such, the Hazardous
Waste Inspector Memorandum, dated August 5, 2025, is hereby incorporated in its entirety by
reference, and is also attached hereto.
Accordingly, a motion was made by Mr. Martin, and seconded by Mr. Panebianco, to approve
the Special Permit, as requested, incorporating the Hazardous Waste Inspector Memorandum,
dated August 5, 2025, in its entirety. The members voted as follows: Mr. Martin: AYE; Ms.
Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 4-0 in favor.
Therefore, the Special Permit was approved.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice:`decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9)
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
1, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5187 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.
1 �
i
Mary A. Maslowski, MMC, CMMC
SEP 2 3 2025
BARNSTABLE REGISTRY OF DEEDS
Jahn F. Meade, Register
A TRUE COPY ATTEST
Fkm*a. WW#XCJ4
CMV0 / CMG I TOWN CLERK
SEP 2 3 2025