HomeMy WebLinkAboutPrevious Decisions 5079, 4123, 4032, 2184, 962, 833Pik 36534 Pw 319 Ab337 1 -5
08-• 27-2024 a 11 2 48M
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: May S, 2024
PETITION NO: 5079
HEARING DATE: April 11, 2024
PETITIONER: Matthew White dba Howl -A -Day LLC
PROPERTY OWNER: Louis A. Stergis, Trustee of Gusto Realty Trust
PROPERTY LOCATION: 35 & 41 Industrial Park Road, West Yarmouth, MA
(formerly numbered as 12 Industrial Park Road)
Map 74, Parcel 13
Zoning District: B-3 & APD
Title: Book 135$5, Page 3
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Dick Neitz, and Barbara Murphy
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 Matthew White dba Howl -A -Day LLC seeking relief with respect to property
located at 35 & 41 Industrial Park Road, West Yarmouth, Massachusetts, which property is located
in a B-3 zoning district and the Aquifer Protection District,
The property owner, Louis Stergis, received a violation notice, dated December 14, 2023, from the
Deputy Building Commissioner, about the property being used as a kennel without the required relief
from the Zoning Board of Appeals. Subsequently, the business owner, Matthew White, sought a
Special Permit for B-3 use in a B-3 zoning district to allow boarding for up to 40 dogs.
At the January 25, 2024 hearing, Vice Chair Igoe read the following into the record: 1) an excerpt
from Decision #4032, dated May 9, 2006, including that no overnight kennel service will be offered;
and 2) a Water Department memo requesting additional information about animal waste handling at
the site because of nearby drinking water wells in the Aquifer Protection District.
The petitioner was asked to provide more details, including 1) an animal waste handling plan; 2) a
description of cleaning practices and a list of cleaning products; 3) an engineer's asse9ssrfiwg of the
outside area related to the Board's concern about protecting the Town's groundwa
The hearing was continued to April 11, 2024. Mr. White and Mr. Stergis appeared,Wain�ar-the`;
continued hearing. Vice Chair Igoe read into the record the Yarmouth Water D
r
IA?-f 34.2S23 - -
Bk 36534 Pg320 #33715
dated February 28, 2024, that 1) the plan provided will dispose of animal waste properly, 2) if zoning
relief is provided, the petitioner is required to continue to follow this waste disposal plan, 3) if any
there are any changes to plan, the Water Department and other applicable Town Departments should
review prior to implementation.
While the Board was comfortable that the person responsible for the Town's water and wastewater is
satisfied with the petitioner's animal waste handling plan, the Board discussed restrictions on a
Special Permit to ensure that any current/future business or property owner is aware of the property's
limitations and the need to subscribe to adequate safeguards.
The Board agreed on conditions for the granting of a Special Permit for B-3 use in a B-3 zoning
district to allow boarding for up to 40 dogs:
1. The Special Permit is restricted to this business owner, Matthew White.
2. Any new business owner must apply to the Zoning Board of Appeals for a new Special
Permit and a review by the Board and other applicable Town Departments.
3. The following exhibits are attached and incorporated as conditions into this decision:
a. The Yarmouth Water Department memo, dated February 28, 2024, which includes
the business owner's animal waste handling plan received by the Board on January
16, 2024;
b. The list of cleaning products provided by the business owner and received by the
Board on January 30, 2024; and
c. The Science Wares, Inc. Technical Memorandum, dated April 1, 2024.
A motion was made by Mr. Neitz, which was seconded by Mr. Fraprie, to grant the Special Permit
with the stated conditions. On a voice vote (5-0), the Special Permit with the stated conditions 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, Vice Chair
CERTIFICATION OF TOWN CLERK
I, 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 #5079 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, CMCY� a:1
7071
Bk 36534 Pg321 #33715
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5079 Date: May 29, 2024
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: Matthew White dba Howl -A -Day LLC
PROPERTY OWNER: Louis A. Stergis, Trustee of Gusto Realty Trust
Affecting the rights of the owner with respect to land or buildings at: 35 & 41 Industrial Park Road, West
Yarmouth, MA (formerly numbered as 12 Industrial Park Road); Map 74, Parcel 13; Zoning District: B-
3 & APD; Title: Book 13586, Page 3 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, Vice Chair
�q3.A,FW8 TA8Le dOU
}�C-CIISTRY OF DEEDS
A TRUE COPY, ATTEST
1� F. MEADE, REGISTER
BARNSTABLE REGISTRY OF OMS
John F Meade, Register
To:
From:
CC:
Date:
Subject
TOWN OF YARMOUTH
DEPARTMENT OF PUBLIC WORKS
c ...
74 TOWN BROOK ROAD, WEST YARMOUTH MASSACHUSETTS 02673
Telephone (508) 398-2231 ext. 1250 Fax (508) 771-7998
Yarmouth Zoning Board of Appeals
Laurie Ruszala, Water & Wastewater Superintendent
Jay Gardiner, Health Director
February 28, 2424
35 & 41 Industrial Park Drive ZBA Application
Admin & Engineering
Buildings & Grounds
Highway
Waste Management
Water &Wastewater
The Yarmouth Water Department is in receipt of the Howladay Inn Animal Waste Disposal Plan
(attached). Based on the plan provided, it appears that animal waste will be disposed of properly
for protection of the drinking water supply. We respectfully request that if the zoning relief is
provided, that the proponent be required to continue to follow this waste disposal plan. Any
changes to the plan should be reviewed by the Water Department and any other applicable Town
Department prior to implementation.
Thank you for the opportunity to provide input on this matter.
A TRUE COPY ATTEST.
�l 'NiC / TOWN CLi RK
MAY 3 0 2023
Mop heads are disposed of in the trash weekly for
replacement.
We empty the dirty urine mop bucket in our large sink in the
back kennel 3 times a day. We then refill the mop bucket
with 1/a cup of the Lysol Cleaner and Disinfectant and 2
gallons of water in the mop bucket peruse.
Daily, for deep cleaning, we vacuum and use bleach in a
sprayer for deep cleaning the runs and the play areas. We
use '/z cup of bleach per 2 gallons in the Dewalt bleach
sprayer.
We then mop the excess bleach with the bleach mop and
dry the kennels and floors using dryer fans. Bleach mop is
rung out in the catch bucket in the larger mop bucket.
Bleach mops are changed once daily in our large sink in the
back kennel where we empty and refill it by adding 1/2cup to
2 gallons of clean water in Large mop bucket.
When a dog poops inside, we use poop bags to pick up
inside poop. Pooper scoopers are used outside to pick up
poop messes outside. ALL POOP in bags and/or scooped
poop go into a garbage bag in a garbage bin and are thrown
out in the on -site dumpster at the end of each night.
A TRUE COPY ATTEST.
Ftv• NAdyV44
i..iK,/ i_QVVN GI.:-NX
MAY 3 0 2023
HQwlada,_. leaning Products and Protocols
Products used inside: Lysol Cleaner and Disinfectant,
Bleach, Windex, Clorox Wipes
Products used outside on turf: Nature's Urine Destroyer
Plus,
For cleaning urine and poop inside, we use paper towels,
poop bags, and a mop bucket with Lysol Cleaner and
Disinfectant. We use paper towels for urine messes and
clean any excess with the mop using Lysol Cleaner and
Disinfectant.
Mop buckets are switched out several times a day in our
Large sink in the back kennel. We use 1/4 cup of the Lysol
Cleaner and Disinfectant per 2 gallons of water in the mop
bucket.
We vacuum/spot clean during the day with Lysol floor
cleaner. For deep cleaning, we vacuum and use bleach in a
sprayer for deep cleaning the runs and the play areas. We
then mop the excess and dry the kennel using floor dryers.
Bleach mops are changed daily in our large sink in the back
kennel.
A TRUE COPY ATTEST:
tow / C'mc / FUWN CLEAK
MAY 3 0 2023
Technical Memorandum
To: Yarmouth Zoning Board of Appeals
From: Eric Karplus — Science Wares, Inc.
Subject: PETITION 5079: Matthew White dba Howl -A -Day LLC.
Property Location: 35 & 41 Industrial Park Road, West Yarmouth, MA
Map & Lot #: 74.13; Zoning District: B-3 & APD
Date: April 1, 2024
I. Background
The Yarmouth Zoning Board of Appeals requested an inspection of and recommendations for the
outside area at 35 & 41 Industrial Park Road, West Yarmouth, MA 02673, in particular:
Is the outside area impervious? If not, how can the outside area be designed to protect the
Town's groundwater from animal waste
Characterization of Outside Area
Figure 1 shows annotated satellite imagery from Google Earth from April 2005. May 2010. and
October 2021 (the most recent available to the public). In September 2016 Howl -A -Day
contracted ForeverLawn of Hanover, MA to install 1,200 square feet of K-9 grass in the three
areas outlined in red in the 2021 image. The 2021 image, which is representative of the current
configuration, is provided in Figure 2 along with annotation of notable features and markers
indicating the location of a water sampling well_ two cores, and the existing low point for
rainwater runoff from outside area.
ForeverLawn does not have detailed records of the 2016 K-9 grass installation but advised that
they would not have recommended installing their product over an impervious surface. Their
standard installation protocol in 2016 would have been to remove any existing vegetation and
then put down a layer of 4-5" of a mixture of 80%'%" gravel and 20% stone dust, compacting that
and covering it with the K-9 grass. The perimeter of the K-9 grass is anchored to a wood frame. It
is not possible to assess the actual material under the existing K-9 grass without damaging or
temporarily removing and then reinstalling it. As shown in Figure 2, some areas adjacent to the
K-9 grass have pavement underneath, and others do not. Some views of the current
configuration of the outside area used by dogs are shown in Figure 3.
It was observed during a recent rainfall that the some of the runoff from the outside area heads
to the north of the property line, but due to the grade of the site most of it runs south and a little
bit east towards the drainage low point in the southern end of the parking lot.
A TRUE COPY ATTEST.
` _
Page 1 of 8
GMC! OWN CLE"K
MAY 3 0 2023
Figure 3. Views of current configuration of outside area used by dogs.
The exposed asphalt in the parking area appears to have been installed in several sections at
different times. It can be seen in the 2005 image in Figure 1 that there was asphalt under part of
the outside area currently used by dogs. It was confirmed that there is still existing asphalt under
some of the areas adjacent to the K-9 grass areas, as detailed in Figure 2 and Figure 3.
The exposed asphalt is in fair condition overall with a few small areas in between sections
beginning to deteriorate. There is an approximately 3' wide by 6" thick layer concrete apron
along the east edge of the building, a core of which is shown on the right side of Figure 4.
A soil core was taken from the area just northwest of the outside area used by the dogs,
revealing --5" layer of topsoil that transitions to coarse sand below 10" as shown on the left side
of Figure 4.
A TRUE COPY ATTEST.
Page 3 of 8 , AWX4A L
MAY 3 0 2023
A recommended strategy for improving the removal of nutrients in runoff water at the site, which
is expected to contain some of the nutrients from the animal urine, would be to modify the
drainage system to ensure that runoff travels past the existing drainage low point and proceeds
more directly into the naturally wooded area. Improving the flow of runoff to established root
zones with good drainage characteristics aligns with best management practices for stormwater
management. At a minimum, this would involve a slight adjustment of the grade at the southern
edge of the parking lot so that runoff can travel more freely into the naturally wooded area shown
in Figure 5. In addition, improvements could be made to the upstream runoff path as shown in
Figure 6 so that any nutrient enriched runoff from the site proceeds more directly to naturally
wooded area shown in Figure 5 where it can be metabolized before entering the groundwater.
Figure 5. Wooded area with established root zone.
K-9 grass over%" stone/dust
Pervious/topsoil over sand
Various pervious over asphalt
Asphalt
r�
Outside area used by dogs
Established Root Zone Area
Soil core
Concrete core
Weil Site
Drainage low point
Existing Improved
Runoff Runoff
Figure 6. Recommendation for improving runoff management.
Page 5 of 8 A TRUE COPY ATTEST
ENWROTECH LABORATORIES, INC
MA CERT. NO.: M-MA 063
d Jan Sebaula► Drlwe Unk 11
San4wic , MA 02561
r$08) a8d-6460 1400-3194$60
FAX {JOdI ddd-6I�6
Client Name: Raihje.% Krisren
Location :
Address: 87 Hamipon Ave
12 tndWulal Park Rd
FaWKwM. Me 02540
W YamnoUth. MA
Lab Number :
Dw-24mw
Collected By: Wahow WWO
Date Recelved :
03115124
Sample Type : DrblkbV wader
Well Specs :
Locadon Souse Date Collected
I nme C ft*d
CoAdnten&
A
O'l15124
915
"undweim W*U
Am *sis Re4ussw
Unks
, Reeoartmemded r Italb Aaelyslr Rank Metw
Aw A
Amassed Br
Total C MOrm CFUr100mL
0
0
SM92228
03/15=4
GB m 12:45
PH
PH kffft
0.".8
"1
SM 450044-13
03115R024
KF
Spoeft COnducmn "
umfwalcm
SIM
122
EPA 1201
03M&2024
KF
NMI"
mqk
100
0.03D
EPA 3W.0
D3115I2024
KF
N**"
mg&
10.0
0.90
EPA 300,0
03N8i2024
KF
Sodum
mglL
20.0
7.4
EPA 2W.7
03M9rdM
KB
Total Iron
M9A
03
0.708
EPA 200,7
0311W12024
KS
ManWmse
mg&
Cos
C0.005
EPA 200.7
03112=4
KS
Pomsomna
mgll
20.0
1.9
EPA 200.7
031102,024
KB
Calcium
mg&
NIA
13
EPA 200.7
031111=4
KB
Mtgneshonu
mgA.
WA
1.0
EPA 200.7
03119i2024
KB
Total Hardnena
mg&
W200
37
SM 2340E
03121=4
KB
Aticak*
m91L
200
12
SM 2320E
03115r2024
KF
Sudtate
mgk
250
21
EPA 300.0
03115=4
KF
Chloeodo
mgA.
250
15
EPA 300 0
03116=4
KF
Turbidity
MU
5.0
6.6
SM 21308
03/16=4
KF
COloro
APC urrta
15
<8 0
SM 2120E
0311 MAN
KF
Free CO2
MA
60
17
CakxMion
0311=24
KF
Ronald A Saari
Laboratory Dbeaor
RRI. • Below Reportable Llwiu •set AaacA d
cCerhflcadm 6 notaNarlable for Au andytt for potable water samples.
Date 3iM024
Page 1 W 2
A TRUE- COPY ATTEST
Page 7 of 8
MAY 3 0.2023
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: July 12, 2007
PETITION: #4123
HEARING DATE: June 28, 2007
PETITIONER: Donna Dewey -Dog Day Care, Institute
YARMOUTH
TOWN ERK
1Q7 JUL 12 PH 2: 13
RECEIVED
Y-
PROPERTY: 35 & 41 Industrial Park Road, West Yarmouth
Map and Parcel: 0074.13; Zoning District: B3-APD
MEMBERS OF THE BOARD PRESENT AND VOTING: David S. Reid, Chairman, Joseph
Sarnosky, John Richards, Sean Igoe, Diane Moudouris and Renie Hamman, Alternate.
It 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 Register, the hearing was opened and held on the date stated
above.
The applicant seeks a Special Permit from bylaw §202.5, for the addition of overnight boarding
of dogs.
Prior to the commencement of a hearing on the merits, the petitioner requested of the Board
leave to withdraw this petition, without prejudice. The petitioner expressed concern that the
proposal would not satisfy Board of Health septic system standards, and therefore elects not to
go forward. Since no objection to the request was made, a motion was made by Mrs. Moudouris,
seconded by Mr. Samosky, to allow the petition to be withdrawn, without prejudice. The Board
membe ote unanimously in favor. The petition was withdrawn without prejudice.
David S. Reid, Clerk
Board of Appeals
FILED WITH TOWN CLERK:
PETITION NO. 04032
TOWN OF YARMOUTH 1Q-,j\iiJU H
BOARD OF APPEALS
DECISION
~1 Ir --9. Sri 3: 31
May 9, 2006 L-.0
',;--i�1
Bk 21059 ' P v2?2 033686
HEARING DATE: April 27, 2006
PETITIONER: Donna Dewey
06-01--2006 & 03 = 3:5p
PROPERTY: 35 & 41 Industrial Park Road, West Yarmouth.
Map and Parcel: 74.13 Zoning District: B3 & APD
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, John Richards, Joseph
Sarnosky, Sean Igoe and Richard Neit2.
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 Hoard to be affected thereby, and to the public by posting notice of the
hearing and published in The Register, the hearing was opened and held on the date stated above.
The petitioner seeks a Special Permit pursuant to bylaw §202.5, for a Canino Day Care business, use codes 16 &
Kl L 'Tile property is in the B3 zone, and is improved with a two (2) unit commcrcial/industrial building.
The petitioner proposes to occupy one of the units of the existing building. They will construct an outdoor
fenced in area for the dogs, to be located adjoining the existing overhead door (as shown on the revised plottsite
plan, received April 27, 2006, at the hearing). It will be enclosed with a 6' stockade fence." It will, as required
by the Health Departrncot, have a paved base, covered by an impervious liner, covered with a layer of soil. All
animal waste, both within the fenced area and within the building, will be carefully collected and stored, and
disposed of off site. All animals will, except when arriving and departing, be kept within the building or within
the fenced enclosure. ,'
The business will operate between 7:00 a.m. and 7A0 p.m., seven (7) days per week. Only day time service
will bo provided. No overnight kennel service or veterinary or grooming service will be offered. The center will
be limited to not more then 50 dogs. Thcrc will be between 2 and 4 employees on site.
The Board finds that the proposed use, at this location, will not cause any undue nuisance, hazard or congestion.
The site is remote, with few neighbors and virtually no traffic. Emergency veterinary services are available
nearby (on Ansel Hallet Road). The petitioner has received a favorable determination of non -applicability
under the APD bylaw. However, that only addresses the use X The petitioner will seek a corresponding
determination as to use classification K11. Since the determination has already been favorably reviewed, in
part, the petitioner agreed to withdraw without prejudice the request for an APD Special Permit, at this time.
Therefore, a motion was made to grant the Special Permit, as requested, on the condition that the petitioner
complies with the Health Departments requirements as to the fenced in area and waste disposal, and 'to allow the
withdra%val, without prejudice of the APD relief requested. The members voted unanimously in favor, the
Special Permit is granted.
No permit shall issue until 20 days from the filing of this decision with the Town Cleric Appeals from this
decision shall be made pursuant to MGL WA section 17 and must be filed within 20 days after filing of this
noticc/dccision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a
substantial use thereof has not begun within 244 months. (See bylaw § 103.2.5, MGL cAOA §9)
David S. Reid, Clerk
M
+A
TOWN OF YARMOUTH
BOARD OF APPEALS
. Filed with Town Clerk: ,JUN 2 4 1985 RECEIVED Hearing Date: 4/25/85
Petitioner: Joseph R. Crimmins Petition No.: 2184
1 Highland Street Iw3� Ml 24 Fji 2; iaA\,
West Yarmouth, MA 02673 TC-Vii, GF Y ,Ri;OJiii
0
,} � ECISION TO'i,'i� C! E3+N & TREASURER
The Petitioner requested a variance and/or approval to allow an existing building
in an industrial zone to be setback 21' from the street sideline were 30' is normally
required. Being Lots 2 & 3 shown on Assessor's Map#64 as parcel S2.
Members of Board of Appeals present: Donald Henderson; Moe Johnson, Judith Sullivan,
Jams MacNeill, Fritz Lindquist.
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 that public notice of such hearing having been given by publication in
The Register on 4/11/85 and 4/18/85, the hearing was opened and held on the date
first above written.
le The following appeared in favor of the petition: Bill Weller,
r .
'The following appeared in opposition: None.
. REASON FOR DECISION:
{ Petitioner requested a variance to allow an existing Building in an Industrial Zone
to remain 21' from the side line of Industrial Park Road, rather then the required
30'.
A Plot plan by Low and Weller dated March 11, 1985, was submitted. The Building was
built many years ago prior to the requirement of plot plans in connection with Board
of Appeals.petitions. Industrial Park Road is a paper street.
The Board finds that it would serve no useful purpose to require strict compliance
with the by-law at this time.
Therefore, the request for variance is unanimously granted.
Members of Board voting: Donald Henderson, Judith Sullivan, Moe Johnson, James MacNeil
Fritz Lindquist.
No permit issued until 20 days from date of filing decision with the Town Clerk.
Myer R. Singer.
Clerk
TOWN OF YARIDUTH
BOARD OF APPEALS
Filed with Town Cl.ork: JAN 2 7 1970
Petitioner: Rube Bros.
V lj' �
Hsarin,g Data: 11/20/69
Petition #962
The petitioner requested permit to croot, uaintain and oporate a cbildren+s zoo on land of
petitioner situatod in an industrial zone on Higgins Crowell Road, West Ya=uth, including
a remmble air shelter covering an area of approximately 1001 x 501 to house about 50 asfall
ani=l . Assessors map 6 Yll.
Hambers of Board of Appeals present: F=ianuel Di.Tiberio, Howard Spurr, George Waite, Robert
Shoran, Rldradge MZW.
It appearing that notice of said hearing has bean given by sending notice thereof to the
petitioner and all those owners of property deed by the Board to be affected thereby, and
i3lat public notice of such hearing having been given by publication in the Cape Cod Standard
limas on 11/6/69 and n/13/69, .the hoaxing was opcned and halal on tho date first abovo written.
The folloving appeared in favor of the petition: Utoxnoy Richard C. Anderson, for petitioner.
:he following uppearcd in opposition: None.
Reason for -decision:
The petitioner xoquestod approval of the Board of Appeals for tho erection, =xintemnce and
operation cf a childron' s zoo on land of the petitioner situated in an industrial ona ' at
Higgins Crowoll Road, Neat Yar=uth, i.nanding a rmovable air shelter covering an aroa of
approxiaately 1001 x 501, to house about fifty =all animals.
It appeared at tho hearing that a.children+s zoo similar to tho one presently requested was
operated by the petitioner at the sma property in 1960 and it further appeared there were no
obloctians relative to this facility.
The property that was a subject of this hearing was ho-nrn on a plan of Lund designated 1,Plan
for Marion F. Braun, dated Decembor 15, 1958, Ed Kellogg - Civil Enginear, Oatervillelt.xhich
was filed with the petitbn. It indicated that thero was nuittablca land for this operation,
the property consisting of appax�z.ately 4001 d Higgins Crowell Had for a depth of approximately
k50t.
It appeared and it was not quasti.oned that tho area was in an industrial zone.
The hearing falls under Secthn III, par. 5 of the zoning by-law and the approval of this
Board is required ors this in an amwemont. Tho Board notes that it has previously approved
of this arxuss=ant and feels as this is a au=cr operation that it will not be detrimental, to
the neighborhood and will not affect the public good.
It is noted by tho Board that the facility in one that will appeal for the most pit to
children and the Board is of the opinion that this is a proper area for such a facility.
The Board also eo=idored the air ssholtor structure and notes that thin type of facility has
been used in other areas and feels that it is idoal3,g suited for this typo of an operation.
It Appeared that tho petitioners are well experienced in working with animals and soon, being
the fourth generation in this typo of business.
The Board is of the opinion that the intant and purpose of th6 zoning bylaw will be adhered to
by the granting of the approval that has been requested.
Petition #962 !
Page 2
Thereforo, petitionor's request for approval, U granted.
Members of Hoard voting:. del DiTiboria, Howrard Spurts Eldx�sdge Shs►r, Robcri 5hsrman,
George Waite. All voted in favor.
And we authorize the approval to allow Petitioner's request in aecordame with this Ocieion.
No permit iusued until 20 drips: from date of filing ling decision with the Town Clerk.
Howard s T
Acting Clork
7'01►4 OF -YlIRTWTH
BOA OF AFi'ElLL i
Fi cd trith loim Mork: FEB 3 1967 HOU-J g Dato: 3J5/67
Poti.tionor: Ricl=d L. F.oppea Potition 4033
The potitioner r clac-tod var =co and/or approval to a3lo, c. a17. metal building; in an in&,=
tr•.iaa zone on Tots h at,d 5, lhd ►trial Park Raa.;I, Wbot g i=Du'h.
Huber of Board of .Apa ala prevent: Iiobort Sho?Sa„mi, Ry1:r, Ia'^. =i Mfiberio,
Rai -old L. HaTuo, Jr., 13bert, E. Lbbb.
It appaaririt? that notice of said haarJmg, hau been given by s nd ng notico tUorcof to tho
PoUtioner and all tko.:o o flora of prm, griy docWod by thr, Board to ba afTectod tharcby,
and that public notico a.' cuc t Roaring having bow E;iv-ea by , ablf.cation in the Caps Cad
Urmdard Tinos on 12/22 and 12/29/66 the hea_t'ing tilts opmted and hold on the data fi rut
above irrittGn.
The fo3. Wrlrg appoarOd in fcVor of tho petition: ' Richard L. Roppon
The following appaalad in opposition: Jtiono `
Reason for dociaicni: it appeared at tuo h6ar3ng that, petitioner dosirad to o oct a buflding
For the atoraEo of boats. It farther asp^,,. ed that tho proPO ty was .in fact in an industrial
area. It further appeared that tho struoturo could co.-nfo-na in ail]. tlaW to the •conin by 3.aw
with trip exception boing that it is consbructed of metal.
All setback and sid33ina require nts irM ba not.,
It further aM. ocrcd that this typo of struatura had bcou prnv?oualy approvod in this area and
in faot was used on an adjoining lot.
It . appa=d that all tho statutory- raQai raments foxy a varlzaico ware prosmt md 'thoroforo the
roost of - the- .potitionor urn droved.
fla-aber of Board voting: Robort Vneman, Stu rb Ryder, Rmtanuol IYITIberio, Harold L. TGsyos, Jr.
Albert E. Webb. - All votod is favor.
Thorrofomo the Petition for jipprova7, is granted.
And va mithorizo a v.. anco to: alla-v m all.-xtatal buildin ; on lots is rad ,, Indu3tx-.al. Pant
Hoads Went Youth:
Uct pormit iscuod until 20 days fxon dato Harold L. Ha. ac Jr.
of Ming -decision tdth tho Tolm Clerkr. Chaij=n