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HomeMy WebLinkAbout5239 60 Ansel Hallet Rd Attorney Narrative Received 05.20.26 1 #2254424v2 Zoning Narrative 60 Ansel Hallet Road, West Yarmouth Applicant Ansel & Gretel, LLC (“Applicant”) is the owner of the property located at 60 Ansel Hallet Road in West Yarmouth, identified as Parcel 20.1.1 on Yarmouth Assessors Map 83 (the “Property”). The Property is located within the Adult Entertainment District (“AED”) and the Aquifer Protection Overlay District (“APD”). Several months ago, the Applicant identified SRS Distribution, Inc., dba SRS Building Products (“SRS”), a wholesale distributor of roofing and building products, as a prospective tenant for the Property. SRS’s proposed wholesale use is allowed by right in the underlying AED district. However, because a small portion of SRS’s inventory consists of products classified as hazardous materials – including roofing primers, bonding adhesives, and sealants – special permit relief is required under Section 406 of the Yarmouth Zoning Bylaw (“Bylaw”) due solely to the Property’s location within the APD. Importantly, the proposal has already undergone substantial local review. The proposed use was thoroughly reviewed and vetted by the Board of Health, which voted unanimously to recommend that the application proceed to this Board for special permit relief at its May 18, 2026 meeting, subject to Board of Health licensing and with recommended conditions.1 The proposal also underwent site plan review on April 7, 2026. As discussed below, special permit relief is warranted here. The Applicant has demonstrated compliance with the requirements of Section 406 of the Bylaw and the Board of Health has determined that the proposed use, with its recommended conditions, includes adequate safeguards for the handling and storage of hazardous materials and will protect the purposes and intent of the APD. The Property The Property contains approximately 2.66 acres (116,207.7 sf) and is located in the AED, as well as the APD and the Registered Marijuana Dispensary Overlay District. It is improved with a single-story warehouse building constructed in 1991 containing approximately 20,000 square feet, per Assessors records. Additional site improvements include a large parking and loading area, a Title 5 septic system, and a comprehensive stormwater management system. Importantly, no exterior alterations to the building are proposed to accommodate the new tenant. Further, the wholesale use itself is allowed by right in the underlying AED zoning district. The requested special permit relief is only necessary because SRS proposes to store limited quantities of materials that are regulated as hazardous materials within the APD. 1 The Board of Health’s recommendation included the following three conditions: 1) a maximum of 400 gallons of onsite storage of toxic or hazardous materials; 2) a detailed material spill containment plan must be conspicuously posted at all times, and employees must be familiar with the plan; and 3) no vehicle washing allowed. The Applicant has no objection to these three conditions being included any grant of special permit relief. 2 #2254424v2 The Former FedEx Use From approximately 1991 to 2025, FedEx occupied this site. It used the facility as a distribution facility, where it received shipments, sorted them, and delivered them to customers. In connection with its operations, FedEx maintained a fleet of delivery vehicles that were all serviced and repaired onsite within the facility’s maintenance garage. As a result, the prior use of the Property involved the routine generation, storage, and handling of substantial quantities of hazardous materials and hazardous waste associated with vehicle maintenance and repair activities. These materials included hundreds of gallons of used oil, fuel filters, oil filters, and other automotive waste products, which were accumulated onsite for extended periods of time before being transported offsite for disposal. In addition, thousands of gallons of vehicle wash fluids were generated and stored onsite in connection with regular fleet washing operations. The Proposed Use From a groundwater protection perspective, the proposed wholesale use is significantly more protective of the APD than the prior FedEx distribution facility. At this new branch, SRS will be storing bulk building products for wholesale that are considered hazardous by the Yarmouth Board of Health. These products include TPO primers, bonding adhesives, and sealants. Like the rest of SRS’s inventory, the hazardous materials are not used onsite; rather, they are for resale only and therefore remain packaged and self-contained. Expected types and quantities of hazardous materials to be stored onsite for wholesale use are as follows:2 Common Name Physical State Maximum Quantity Stored Container Size/Type Total Gallons Versico Low-Voc EPDM & TPO Primer Liquid 24 Plastic or Non Metallic 1-Gallon Drum 24 Versico Low VOC Bonding Adhesive Liquid 45 Plastic or Non Metallic 5-Gallon Drum 225 Top Shield Sealant Paste 144 Tube 10.3 oz 12 Versico Lap Sealant G300 LS Black Paste 50 Tube 10.3 oz 5 In addition to the hazardous materials for resale, SRS also proposes storing a very limited quantity of products for company use at the site – two to three gallons each of gasoline, 2 Safety Data Sheets for each of these products are submitted as part of this application. 3 #2254424v2 windshield wash fluid, antifreeze, and surface and glass cleaner. SRS also was approved by the Board of Health to store up to 110 gallons of diesel exhaust fluid at the Property, although it anticipates having much less at any given time.3 Collectively, SRS anticipates storing approximately 330 gallons of hazardous materials onsite at any given time, inclusive of the diesel exhaust fluid. However, SRS conservatively sought and obtained a recommendation from the Board of Health for up to 400 gallons to provide for operational flexibility and ensure continued compliance with both its Board of Health license and any special permit issued by this Board. Notably, all hazardous materials will be handled and stored in a highly controlled manner. Materials will be removed from delivery trucks by company forklifts and taken directly through garage bay doors into a dedicated secure storage area identified on the enclosed floor plan as the “HazMat Storage Room” (FedEx’s former maintenance garage). Within that room, all materials will be stored on five spill control pallets, each with a capacity of 132-gallons. Collectively, these pallets substantially exceed the 150% secondary containment requirement under Board of Health Regulations, and the containment system was reviewed by the Board of Health. The storage area also includes a smaller enclosed room containing personal protective equipment and absorbent materials. Equally important, the proposed operations eliminate many of the activities that historically present the greatest groundwater protection concerns. Specifically: 1. No vehicle washing will occur onsite; 2. No refueling of company trucks or moffetts will occur onsite; and 3. No maintenance or repair of company vehicles will occur onsite. Special Permit Relief is Warranted in these Circumstances Special permit relief is appropriate here, where the Board of Health has already conducted a thorough review of the proposed operations and determined that the use can safely operate within the APD. As the Board of Health recognized, SRS will not generate or store any hazardous waste onsite. Moreover, nearly all hazardous materials stored at the Property are products held for resale, meaning they will remain sealed in their original containers at all times. The proposal also includes significant operational safeguards that further protect groundwater resources. Unlike the prior FedEx operations, there will be no vehicle washing, no onsite fueling activities, and no vehicle maintenance operations — all of which are activities commonly associated with spills, leaks, and groundwater contamination risks. The Board of Health correctly concluded that the proposed containment and safety measures will adequately control all hazardous materials at the Property and protect groundwater 3 SRS expects to maintain only one 55-gallon drum onsite but obtained approval from the Board of Health for up to two drums to provide flexibility for deliveries and reordering. We further note that neither OSHA nor the Department of Transportation classifies DEF as a toxic or hazardous substance; however, it was identified in the Board of Health filing as a hazardous material out of an abundance of caution. 4 #2254424v2 quality within the APD. Indeed, the approved spill-control pallets alone provide containment capacity well in excess of the Town’s 150% secondary containment requirements. Additionally, pursuant to the nitrogen loading calculations set forth in Section 207.11 of the Board of Health Regulations, the proposed use will result in nitrate loading of less than 3 ppm of nitrogen — substantially below the 5 ppm standard established by the Cape Cod Commission and incorporated into the Bylaw. Accordingly, the proposal satisfies the special permit criteria set forth in Section 406.5.3 of the Bylaw. Specifically: the proposal fulfills the intent and purposes of the APD provisions, as recommended by the Board of Health; the proposal exceeds applicable water quality protection standards; and the Applicant has demonstrated that the proposed spill-control and containment measures provide safe, reliable, and compliant hazardous material storage. More broadly, the proposed use will not cause any undue nuisance, hazard or congestion and there will be no substantial harm to the established or future character of the neighborhood or Town. Bylaw, § 103.2.2. For all of these reasons, the Applicant respectfully requests that the Board grant the requested special permit relief pursuant to Section 406 of the Bylaw.