HomeMy WebLinkAboutBoard of Health Memorandum - 06.09.2022Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Ardrew L. Singer
Marian S. Rose
service station (Shell), and restricting the two existing properties from future fuel service use.
Environmental Benefits and Reduction ofEnvironmental Risk. As a result ofthe Pro
Myer R. Singer ( 1938-2020)
YARMOUTH BOARD OF HEALTH
MEMOIIANDTJM
Jrne 9,2022
Introduction. The Applicant, Colbea Enterprises, LLC, is proposing to develop the vacant land at
473,479, and 487 (portion) Station Avenue, South Yarmouth [collectively "Property"], for use as a Shell
fuel service station and Seasons Corner Market convenience store with co-brand business [collectively
"Proposal"l. The proposed building will be one-story in height and contain 3,600 sq. ft. offirst-floor area
and a basement for storage. The Property, which is located in the Aquifer Protection District ["APD"], is
shown as Assessor's Map 97, Parcels l, 2, and a portion ofParcel 3. The Proposal includes closing and
permanently decommissioning two old, outdated fuel service stations (Shell and Sunoco) located within
one-quarter mile ofthe new site also on Station Avenue, replacing them with the new state-of-art fuel
Tel: (508) 398-2221
Fax: (508) 398- 1568
www.singer-larv.com
posal, there
will be a net decrease in the risk to the APD as follows:
1 . There will be a significant net reduction of 16,000 gallons of fuel storage in the APD as
seven (7) underground tanks, six (6) dispensers, and 56,000 gallons of underground fuel
storage at the two existing facilities are removed and replaced at the new facility with
only two (2) underground tanks, six (6) dispensers, and 40,000 gallons ofstorage;
2. Two, older fuel service stations with an average age of forty (40) years will be replaced
with one, state-of-the-art site incorporating significant improvements in design and
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containment protocols for underground fuel storage with an automatic and continuous
leak detection system in double-wall underground storage tanks and double-wall piping
complete with probes, sensors, and alarms. There will be continuous monitoring of the
double-walled tanks to both on and off-site locations;
3. The existing Sunoco property at 433 Station Avenue will be permanently deed restricted
prohibiting ftrture underground fuel storage and service use on the property, and the
existing Shetl property will be permanently restricted by nitrogen ag$egation plan credit
land restriction fiom future use ofthe property;
4. There will be an estimated reduction of forty-five (45) to fifty (50) linear feet of
underground fuel-product piping when the aging piping at the two existing sites is
removed and replaced with new, higher-standard piping at the new site;
5. A safer, double-wall tank system with leak detection using brine in the interstitial space
will be installed at the new site in place ofthe seven older underground fuel storage tanks
(a mixture ofsingle and double-walled tanks) located at 446 Station Avenue (Shell
Station) and 433 Station Avenue (Sunoco Station) - to all be removed and not replaced;
and
6. An older, underground heating oil tank at the Sunoco Station will be removed and
replaced with an above-ground tank, and older, underground heating and waste oil tanks
at the Shell Station will be removed and not replaced.
The Proposal offers a rare opportunity to up$ade and better protect the natural and business
environments along and in this portion of Station Avenue. It is business development coupled with
environmental protection. The threat of environmental risk will be dramatically reduced with the
Proposal, which witl be a win-win-win for the environment, the Town, and my client.
Peer Review. As previously requested by the Board ofHealth, peer review ofthe environmental
aspects of the Proposal has been completed. The Peer Review Report dated March 8,2019,by
CarriageHouse Consulting, lnc., concludes that:
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"... the proposed actions and activities proposed by Colbea in this project appear to yield a net
benefit to the Town in the form ofpotential increased revenue in the form oftaxes and in the
redevelopment opportuniry for existing non-confirming parcels, while concurrently reducing the
potential risk to Town receptors and resources (i.e., the APD)."
Yarmouth Outside Water Department Consultant Revierv. The Town's outside water consultant,
Kleinfelder, was also asked to review the proposal and the peer reviewer's report. In an email dated
March 20, 2019, Kirsten Ryan of Kleinfelder states that:
"I agree the risk to the aquifer is less than current conditions in that the proposed project would
store less fuel, slightty farther away and with newer equipment technology."
Ms. Ryan also recommends the following four conditions ofapproval, which are acceptable to the
Applicant:
1. The Board of Health will verit/ that the design is in accordance with all Massachusetts
Stormwater Standards;
2. The developer shall retain a third-party engineer/LSP to provide certification that the
project was constructed and installed as designed and passed all start up and
commissioning tests to veriry proper operation;
3. The facility is required to submit a third-party compliance inspection to the MassDEP
every three years, and the facility shall provide a copy ofthis report concurently to the
Board of Health and Water Department; and
4. The proposed new underground storage tanks shall have a 30-year service life.
N itro,zen Aggre{:ation Plan The proposed development requires the creation ofa Nitrogen
Aggregation Plan with the approval ofthe Board of Health. The Credit Land for the proposal will be
approximately 25,000 sq. ft. of area and will consist ofthe existing Shell station property at 446 Station
Avenue. This land will be permanently protected as undeveloped open space by way of a recorded
Nitrogen Credit Land Deed Restriction on the chain oftitle ofthe parcel of land to be preserved as open
space
lnspector asked
l.
Responses to questions from Ilazardous Waste Inspector. 'fhe Town's Hazardous Waste
the following questions during our reviews with the Health Division:
Question - What is the upper limit oftoxic and hazardous materials proposed to be
stored not including the fuel tanks (for which the sizes are known)? This is the volume of
materials including those used onsite (probably cleaners) and those available for retail
sale such as: windshield wash fluid, motor oil, various automotive fluids and various
cleaners. Since the location is within the Aquifer Protection District (APD) where toxic
and hazardous materials storage greater than that commonly associated with normal
household use is not allowed an upper limit will need to be set.
Answer: Ninety (90) gallons - MSDS Sheets have been submitted.
Question - Howwill materials stored offthe retail floor be contained? Perhaps allstock
will move straight to the retail floor upon delivery. Otherwise, secondary containment
will be required.
Answer: These materials will all be stored on the retail floor and will be moved
directly onto the retail floor upon delivery.
Question - Will there be any floor drains in the area where the retail toxic or hazardous
material will be stored? Ifso, they should be stored in another area.
Answer: There will be floor drains in the building as shown on the submitted
floor plans. The floor drains in the rest rooms, back ofhouse, and co-brand area
will be connected to the septic system. These floor drains will not be subject to
intrusion ofhazardous materials. Since the floor drains in the retail area could in
theory be subject to intrusion ofhazardous materials, these floor drains will not
be connected to the septic system, but rather will be connected to dedicated .ftight
tanks" that will require clean out and disposal on an as-needed basis (see below).
Floor drain design and construction will be in strict conformance to yarmouth
floor drain regulations. The floor drain under the open air cooler will not be a
sealed drain. In the event that certain retail areas are designated for hazardous
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material storage, only the affected floor drains will be piped to the tight tank.
Non affected drains will be piped to the septic system-
Question -- I am not aware ofany mention ofinside floor surfaces. In the promotional
materials we received from Seasons the floor appears to be a combination oftile and
laminate. Will the floors ever be stripped? If so, the resultant waste water should be
hauled offsite for disposal at a waste water treatment plant. From what I have learned in
other cases contractors haul the wastewater they generate.
Answer: From time to time, the floors will be cleaned/stripped. ln order to
prevent hazardous cleaning materials and contaminated wash water from entering
the septic system, the floor drains will be plugged and all wash water, cleaning
materials, etc. will be collected for disposal at a proper waste disposal facility.
Question - How will potential waste oil received fiom buyers ofnew motor oil be
contained and disposed? State regulation requires retailers ofmotor oil to receive waste
oil from their customers that have purchased new oil ifthey present a receipt. This may
not occur as frequently in a convenience store setting as with an auto parts store, but the
business still should be prepared to comply.
Arswer: The business will be equipped to receive waste oil as required, though
the drop offof waste oil to a Seasons Comer Market is rare. A suitable drum
with integrated secondary containment (approximately thirty gallons) will be
located either within the retail store or within the fenced dumpster enclosure with
required protection of weather. This drum will periodically be emptied by a
licensed waste oil collection f*m for proper disposal. Store personal will receive
the waste oil in proper containers and empty them into the waste oil drum. All
applicable Federal and State regulations pertaining to the receipr and disposar of
waste oil will be followed.
Question * How will the underground storage tank fill port sump (a.k.a. spill bucket)
waste water be disposed? This is the water that accumulates in the buckets surrounding
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the tank fill ports. Ideally water should not enter the fill port, but usually will after a short
period of time once sand gets into the cover gasket. Some stations have a service that
pumps the materials to a truck tank and immediately removes it flom the site. Others
store the material in a drum with secondary containment until it is collected for disposal.
Answer: Typically, there is s 55-gallon accumulation drum maintained on-site
that is emptied as needed. Secondary containment is not required under State and
Federal regulations.
Question -- I understand the proposed underground fuel storage tanks (UST) are to be
double-walled units from Containment Solutions. The manufacturer literature you
submitted previously also shows triple-walled tanks for use in environmentally sensitive
areas. Is your client aware ofthese and have they been considered?
Answer: Double wall tanks are the industry standard for all but earthquake prone
and/or other extremely sensitive areas. The new Seasons Comer Store will use
double wall tanks.
Question - Are the dispenser sumps double-walled? These are the containment structures
under each dispenser.
Arswer: Yes, the dispenser sumps will be double-walled.
Question * Are the tank sumps double-walled? These are the containment structures
surrounding the exit ofthe piping from the tank to the dispensers.
Arswer: Yes, the tank sumps will be double-walled.
Question -- 310 CMR 80.16 (7) requires an as-built plan including a signed statement by
the installer or registered professional engineer who prepared the scaled drawing or as-
built plans that the UST system was installed in accordance with 310 CMR 80.00, the
manufacturer's specifications and the manufacturer's checklist. Does Ayoub Engineering,
as the plan engineer intend to submit the as-built plan and statement?
Answer, Yes, an as-built plan conforming to 310 CMR 80.16 (7) and the required
statement from the project engineer will be provided.
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Tobacco Sates Permit. As part ofthe proposed development ofthe new site, the Applicant will
apply to the Board of Health for permission to transfer the existing tobacco sales permit from the existing
site at its 446 Station Avenue Shell Station to the new property in accordance with the Yarmouth Board of
Health Regulation Restricting the Sale and Use ofTobacco Products.
Conclusion. The proposal is a rare opportunity to provide area-wide improvements and reduction
in environmental risk in the APD that will benellt this entire stretch of Station Avenue and be a positir e
contributor to the communitv.
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