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HomeMy WebLinkAbout5197 20 Old Hyannis Rd Decision Recordedw RE f;telC;9Ti NOV 1$'25� qQ TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: November 18, 2025 PETITION NO: 5197 HEARING DATE: October 9, 2025 Bk 37364 Pg159 #52121 12-16-2025 @ 12:42p PETITIONER: Cellco Partnership d/b/a Verizon Wireless PROPERTY OWNER: Town of Yarmouth PROPERTY: 20 Old Hyannis Road, Yarmouth, MA Map 104, Parcel 10 Zoning District: R40, Aquifer Protection Overlay District Title: Book 1795, Page 99 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni, Barbara Murphy, and Tim Scanlan 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 subject property is located at 20 Old Hyannis Road, Yarmouth, MA 02575 (the "Property"), which is located in the R-40 zoning district and the Aquifer Protection Overlay District ("APOD"). The Property is owned by the Town of Yarmouth and currently improved with a Town -owned water tank and a wireless communications facility owned and operated by a different wireless service provider. The Property is shown on Plan Book No. 266, Page No. 20 and contains approximately 9.89 acres. The Petitioner, Cellco Partnership d/b/a Verizon Wireless, seeks to install an emergency power generator to provide backup power for a permitted wireless communications facility to be installed on the Town -owned water tank at the Property. The wireless communications facility, minus the emergency power generator, was approved by the Building Department on November 14, 2024 in accordance with Section 6409(a) of Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, commonly known as the "Spectrum Act," and the Federal Communications Commission (FCC) regulations implementing that section. An APOD Special Permit is required because the emergency power generator will contain "toxic or hazardous materials," as that term is defined in Section 406.6.1 of the Town of Yarmouth TRUE QWY AT'EST: Psi DEC — 9 / chit I Towns CLERK Bk 37364 Pg160 #52121 Zoning Bylaw ("Zoning Bylaw"), in quantities greater than those commonly associated with normal household use, pursuant to Sections 406.5 and 103.2 of the Zoning Bylaw. The generator will run on diesel fuel contained in a double -walled steel fuel tank with a maximum capacity of 300 gallons. The generator will also hold 14.4 quarts of engine oil, 4.5 gallons of engine antifreeze and a generator starter battery containing approximately 27.7 pounds of lead and 8.14 pounds (0.5 gallons) of sulfuric acid. Complete secondary containment for the diesel fuel tank is provided at 120% of the fuel tank's capacity. Secondary containment for the antifreeze, engine oil and small fuel spills from the engine are provided by a top -of -fuel -tank containment pan that is designed to capture any fluid released from the generator above and has an approximately 29- gallon containment capacity. The top -of -fuel -tank containment pan consists of the top steel surface of the fuel tank and the four steel sides of the fuel tank, which extend 2.5 inches above the top. The containment area measures 2.5 inches high by 76.91 inches long by 35.67 inches wide. At the hearing, no members of the public spoke in favor or in opposition to the petition. The Petitioner is seeking the following relief: 1. Petitioner is seeking a Special Permit pursuant to Sections 406 and 103.2 of the Zoning Bylaw for the installation of an emergency power generator to provide backup power for a permitted wireless communications facility to be installed on and adjacent to the Town - owned water tank on the Property. The Petitioner, through its representative, presented evidence establishing how the proposed emergency power generator complies with the Special Permit requirements set forth in Sections 103.2 and 406 of the Zoning Bylaw. Specifically, the Petitioner established that the proposed emergency power generator will not result in impacts to the public drinking water supply in the Town of Yarmouth. Secondary containment for the fuel tank is provided by the fuel tank's double -walled design, which provides containment at 120% of the fuel tank's capacity. Secondary containment for the antifreeze, engine oil, and small fuel spills from the engine is provided by a top -of -fuel -tank containment pan that is designed to capture any fluid released from the generator above and has an approximately 29-gallon containment capacity. If a leak were to occur, the Petitioner has measures in place in accordance with the Emergency Spill Response Plan filed with the Board, as part of this application, and revised on October 20, 2025 to correct a typographical error. The Petitioner also established that the proposed emergency power generator has been well - vetted by the Yarmouth Board of Health. On July 7, 2025, the Petitioner appeared before the Board of Health, which unanimously voted to recommend the proposal to the Zoning Board of Appeals for relief, based on the ability of the proposal to comply with the Town of Yarmouth Board of Health Regulation: "Handling and Storage of Toxic or Hazardous Materials." The Petitioner, through its representative, testified to reviewing the Memorandum drafted by Carl E. Lawson, Jr., the Hazardous Materials Inspector for the Yarmouth Health Department, dated August 6, 2025 (the "Memorandum") and that the petition before the Board addresses the concerns in the Memorandum. A TRUE COPY ATTEST: &q,a. Aq&X44h4 CMM ; CMG 1 TOWN CLERK DEC — 9 Sus Bk 37364 Pg161 #52121 The Board reviewed the Memorandum and was satisfied that the proposed emergency power generator would meet the requirements under the Zoning Bylaw for the issuance of a Special Permit with the imposition of the requirements and recommendations recited in the Memorandum. As such, the Memorandum is hereby incorporated in its entirety and attached hereto. Regarding the request for Special Permit, the Board found that the Petitioner demonstrated that it has met the criteria for a Special Permit, that no undue nuisance, hazard, or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. The Board also found that the Petitioner demonstrated that it has met the criteria under Section 406 of the Zoning Bylaw, that there will be no danger to the public drinking water supply and that it has made adequate safeguards to ensure that. Accordingly, a motion was made by Mr. Scanlan, and seconded by Mr. Martin, to approve the Special Permit, as requested, incorporating the Memorandum of the Hazardous Materials Inspector, dated August 6, 2025, in its entirety. A roll call vote was taken on this Motion with the following results: Mr. Igoe - AYE; Mr. Martin - AYE; Mr. Mantoni - AYE; Ms. Murphy - AYE; and Mr. Scanlan - AYE. Accordingly, the Special Permit was approved on a 5-0 vote in favor, with the following conditions: I. The Memorandum drafted by Carl E. Lawson, Jr., the Hazardous Materials Inspector for the Yarmouth Health Department, dated August 6, 2025, is incorporated into the Decision in its entirety, and the requirements and recommendations set forth therein are conditions of this Special Permit; and 2. The Petitioner furnish the Board with the name of a local contractor that will respond to an emergency in the event there is one. 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 A TRUE COPY ATTEST. CMMD I CMG I TOWN CLEFK Bk 37364 Pg162 #52121 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 #5197 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&WU*VJ4 Mary A. Maslowski, MMC, CMMC UZI - 9 2025 Bk 37364 Pg163 #52121 g Yq� COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH 4.�..rs Or! t BOARD OF APPEALS F,�C�RApRASED �% Petition #: 5197 Date: December 9, 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: Cellco Partnership d/b/a Verizon Wireless PROPERTY OWNER: Town of Yarmouth Affecting the rights of the owner with respect to land or buildings at: 20 Old Hyannis Road, Yarmouth, MA; Map 104, Parcel 10; Zoning District: R40, Aquifer Protection Overlay District; Title: Book 1795, Page 99 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 fled. 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. k� Sean Igoe, Chairman A TRUE COPY ATTEST &q'a- A40VIM4 CM / CMC / TOWN GLEFK DEC - 9 2025 Bk 37364 Pg164 #52121 TO: FROM: TOWN OF YARMOUTH OARDOF HE 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 HEALTH Tcicphone (508) 398-2231. ext. 1241 DIVISION Fax (548)760.3472 RECEIVED SEP 2 9 2025 MEMORANDUM YAAMOUTH Zoning Board of Appeals Carl E. Lawson, Jr., Hazardous Materials Inspector C L SUBJECT: Zoning Board of Appeals Petition Number 5197 New Verizon Wireless Facility 20 Old Hyannis Rd., Yarmouth Port 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 6, 2025 ATTACHMENT: Board of Health, Handing and Storage of Toxic or Hazardous Materials Registration Form Completed by Verizon Wireless and Received by the Health Dept. on June 26, 2025 Vedzon is an intemational telecommunications company providing a variety of communication and information services, including. but not limited to, wireless communications service. Verizon has a lease agreement with the Town of Yarmouth, signed in June of 2024, to Install wireless communications equipment, inducing, but not limited to, antennas, structural supports, cabling, equipment cabinets, a diesel generator including a double - walled fuel tank, auxiliary power batteries. and a concrete pad. at the site of a Town water supply tank site located at 20 Old Hyannis Rd. in Yarmouth Port. The location is within the Aquifer Protection District (APO) for the Town's public drinking water supply. Verizon proposes ins ding auxiliary power sources to maintain area wireless communication service in the event of an electric uldtiy power failure. The Initial auxiliary power source that will activate is a battery array, which will power wireless communications in the short term. In the event of a longw4erm power failure, the second auxiliary power source, a diesel generator, will provide po �r. A TRUE COPY ATTEqT: w t Ae4 L`MhS / CMC DEC N CLERK OP5 Bk 37364 Pg165 #52121 Both auxiliary power sources contain toxic or hazardous materials. The battery array contains a liquid electrolyte solution. The diesel generator has a fuel tank containing diesel fuel and an engine containing oil and antifreeze with a starter battery containing liquid electrolyte. Since October of 2024, the Building Commissioner and I have acquired knowledge of the details of the Verizon proposal through extensive communication with the representatives of the following agencies. 1) Ve6zon legal counsel, Robinson + Cole, Boston MA 2) Structure Consulting Group, Canton MA 3) Energy Systems, Marlborough, MA (the generator dealer) 4) United Alloy, Janesville, WI (the generator fuel tank manufacturer) Reaulatory Items Permit Issued by the Building Dept. A permit has been issued by the Building Dept. for the following work as described within the Brief Descriptlon of Proposed Work field on the building permit application: "Install Verizon Wireless equipment and antennas at existing water tank / wireless communication facility as per attached plans Generator shown on plans not part of this permit.' Zgnina Verizon has applied for zoning relief with the Zoning Board of Appeals (ZBA) for toxic and hazardous materials storage of more than normal household quantities, within the APO as outlined in Yarmouth Zoning Bylaw Section 406.5.1.1 (3). Board of Health: The Board of Health Regulation `Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990, applies to the proposal from Verizon, as the planned quantity of materials is greater than the licensing threshold of 10 gallons. Board of Health Realstration Verizon Wireless registered with the Board of Health when their Board of Health, Handling and Storage of Toxic or Hazardous Materials Registration Form was received In print form by the Health Dept. on June 26, 2026. The registration form is complete and attached for your referenoe. Other information The site will not be continuously occupied although it will receive regular visits from technical service personnel and a diesel fuel delivery service. The most frequent site visit interval is monthly visual inspections by a service technician. 2 Bk 37364 Pg166 #52121 Toxic and Hazardous Materials Dslive Toxic and hazardous materials consisting of diesel fuel for the generator, engine fluids for the generator and batteries will be delivered to the site during or following construction of the wireless communications facility. Following construction and activation of the facility, diesel fuel will be delivered an estimated once per year, but potentially more often if the generator is operated beyond regular weekly exercise to provide power during outages. Replacement generator engine oil, antifreeze, starter batteries, and auxfliary power batteries will be brought onske by service technicians as they are needed to replace spent fluids or components. Tong Hazardous Materials Storage Toxic and Hazardous Materials present onsite will only be those in use and within the generator, diesel fuel tank and battery cabinet. There will be no toxic or hazardous materials present onsite within any other storage containers except for those brought onsite by service technicians and remaining onsite only during servicing of the onsite stationary equipment. The generator will be mounted (botted) on top of a double -walled, steel fuel tank with a 300-gallon capacity that will hold diesei fuel. The steel fuel tank will be mounted on a 10-inch-thick concrete pad. Secondary containment of the diesel fuel is provided by the double walls of the tank. The generator will contain 14.4 quarts of engine oil, 4.6 gallons of engine antifreeze and use a starter battery that contains approximately 0.5 gallons of liquid electrolyte in the form of sulfuric acid. The generator will also contain some small amount of diesel fuel. Secondary containment of these fluids will be provided by the design of the fuel tank on which the generator is mounted. The top of the fuel tank has a continuous, raised, steel edge which forms a containment area for the fluids within the generator mounted above. The fluids listed above collectively total 34.4 quarts or approximately 8.6 gallons. The secondary containment area on the top of the fuel tank has a capacity of approximately 29 gallons, which far exceeds the BOH Regulation secondary containment volume requirement of 150%. The auxiliary power batteries that will power the wireless communications equipment (as opposed to the generator stater battery mentioned previously) will collectively contain 17.80 gallons of liquid electrolyte in the form of potassium hydroxide. The battery cabinet in which the auxiliary power batteries will be placed provides 26.7 gallons of secondary containment. 26.7 gallons of secondary containment / 17.80 gallons of electroly.% TI#tE COPY ATTEST: F'; ix,, of CMI<4 s I GtI tTQVMRK Bk 37364 Pg167 #52121 1.5 X 100 = 150% volume secondary containment which in is compliance with BOH Regulation. The proposed generator model does not have a gear box. Diesel Exhaust Fluid (DEF) will not be used. The total liquid volume of toxic or hazardous materials proposed to be onshe is calculated as follows: Diesel fuel 300 gallons Generator engine oil 3.6 gallons (14.4 quarts) Generator Engine antifreeze 4.6 gallons Generator starter battery electrolyte 0.5 gallons Auxiliary battery electrolyte 17.8 gallons Total 326.4 gallons T is anj Hazardous Matedgk Use The use of materials is only for the operation of the generator and auxiliary battery array. Toxic and Haurdigge Materials DIsDosgi All toxic or hazardous waste material resulting from onsite equipment repair and maintenance will be immediately removed by the service technician(s) upon the completion of work and not left unattended. These materials will be properly disposed of in accordance with applicable regulations. Generator engine oil in the amount of 14.4 quarts will be changed with the waste oil removed and new oil added. The predicted frequency of this service is every 250 hours of generator run time or annually, whichever comes first. Generator engine oil filters will be replaced with each engine oil change. Generator engine antifreeze in the amount of 4.5 gallons will be replaced every two years. Engine fuel filters will be replaced annually. The generator starter battery will be replaced once every three years. The auxiliary power batteries are expected to be replaced about every ten years. Other Oeerativns Involvl g Toxic or N rdo+r&_llila „ rlals Fuel polishing is a method by which water, sediment and microbial contamination is removed from fuel. The need for fuel polishing is determined by fuel sample testing. 4 Bk 37364 Pg168 #52121 Fuel polishing is accomplished with the use of specialized equipment. The process involves pumping the diesel fuel from the lowest point of the tank, where contaminants tend to rest, circulating the diesel though a series of filters and separators that remove contaminants, and returning the diesel to the fuel surface inside the tank. The removal of untreated fuel from the tank, and the return of treated fuel to the tank, occur simultaneously so the entire volume of diesel in the tank is not completely removed at once and reinserted. Instead, only a fraction of the diesel fuel is removed from the tank at any one time. Fuel polishing is used to maintain fuel quality for applications in which the fuel Is seldom used and replenished, as If often the case with auxiliary generators. Verizon plans to have the diesel fuel for the generator polished when fuel testing indicates such is needed. Environmental Safeway 1) All toxic or hazardous materials proposed to be onsite will have secondary containment, as described previously. 2) The accidental release of diesel fuel from the generator fuel tank inner wall to the space between the inner and outer walls, known as the interstitial space, will activate an immediate notification to the Verizon Wireless network alarm center for emergency response, which is continuously available. The released fuel will be recovered from the interstitial tank space by attaching reclamation equipment to a port, built into the outer wall of the tank. 3) The accidental release of generator engine oil, generator engine antifreeze and/or generator starter battery electrolyte from the generator to the containment area immediately beneath the generator and on top of the fuel tank will also activate an Immediate notification to the Verizon Wireless network alarm center for emergency response, which is continuously available. These released substances will be recovered by attaching reclamation equipment to a separate port from the one referenced above, that is built into the upper portion of the tank. 4) The monitoring systems that are mentioned above will transmit hazardous material release notifications to the Verizon Wireless network alarm center by a fiber optic communication line to be installed onsite. 5) According to the generator and tank dealer, the fuel fill has a "cam and groove system that requires the refueler to have a positive attachment from the lilt hose to fuel fill --this is not a standard fuel station pump handle that is easily overfilled." 6) The fuel fill port on the fuel tank has an overfill valve that stops fuel flow when the tank reaches 95% of its capacity. 7) The fuel fill port on the fuel tank is surrounded by a fuel fill containment bucket, that will catch an overfill of fuel in the event of a failure of the overfill valve mentioned above. The fuel fill containment bucket allows any captured fuel to drain back into the tank. A TRUE COPY ATTEST lei S CMA,1C / OMC 1 TOWN CLERK DEC - 12025 Bk 37364 Pg169 #52121 8) Diesel fuel delivery, generator maintenance and repair, and diesel fuel polishing will all occur under the continuous supervision of the trained personnel providing the services. 9) Toxic or hazardous waste generated by or removed from equipment will be removed from the site immediately after servicing and will not be left unattended. 10) Service personnel will carry personal protective equipment (PPE) and spill response materials for use if needed. 11) An Emergency Spill Response Plan has been developed and will be provided to all service technicians. The plan includes notification numbers for local and State authorities and the licensed hazardous waste hauler chosen by Verizon. 12) Bollards, vertical structures designed to protect infrastructure from vehicle strikes, will be placed to protect the generator fuel tank. Health Dent. Reaulrements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage, which applies to the proposal by Verizon. 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. All toxic and hazardous materials will be within the fuel tank, generator or auxiliary battery cabinet, all of which are designed for outdoor use. 4) All materials must be protected from vandalism. All telecommunications equipment containing toxic or hazardous will be surrounded by a 6-foot-tall, locked, stockade fence. Additionally, traffic bollards will protect the generator from intentional vandalism in the form of vehicle strikes. 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. The Verizon plan with Sheet Title: Construction Details and Sheet Number A-4, shows spatial arrangement of (1) the generator with the fuel tank (2) the battery cabinet, and other equipment indicating clear sight lines should be available to view the exterior of the generator, generator fuel tank, and battery cabinet. M, Bk 37364 Pg170 #52121 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. Spill response kits containing absorbent materials will not be stoned onsite because the facility is not staffed. However, spill response kits containing absorbent materials will be brought onsite in the vehicles of service technicians and the fuel delivery service. 9) Safety Data Sheets (SDS) for each toxic or hazardous material must be maintained onsite and be readily available. Safety Data Sheets (SDS) for each toxic or hazardous material wiN not be stored onsite because the facility is not staffed and will not have an office or any building in which to store SDS. SDS will, however, be available to service and fuel delivery personnel when they are working onsite. BOH Hearing and Recommendations Mr. Timothy Twardowski, Attorney for Verizon Wireless, presented the proposal to the BOH at the regular board meeting on July 7, 2025. After discussion, the BOH approved recommending the proposal of Verizon Wireless 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 six (6) 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. 9 ) The maximum allowed total combined storage volume of toxic and hazardous materials is 400 gallons. 2) The Emergency Spill Response Plan submitted by Verizon Wireless to the Board of Health must be immediately available, in either electronic or print form, to all service and fuel delivery personnel while they are onsite and they must be familiar with the plan. 3) Safety Data Sheets (SDS) for applicable materials must be immediately available, in either print or electronic form, to all service and fuel delivery personnel while they are onsite. 4) Spill response materials must be immediately available to all service and fuel delivery personnel while they are onsite. 5) Toxic or hazardous waste generated or removed from equipment must be removed from the site for proper disposal immediately after servicing and never left unattended. A TRUE COPY ATTEST 7 C%.IW I CMG / TOWN CLERK DEC - 9 20 Bk 37364 Pg171 #52121 6) Bollards, vertical structures designed to protect infrastructure from vehicle strikes, must be installed and maintained in such a manner to protect the generator fuel tank. The Board of Health and Health Department respectfully request that if this proposal is approved by the ZBA, the preceding six (6) conditions please be included in any ZBA Decision. Furthermore, if the proposal is allowed by the ZBA, these Items will be included as conditions of the annual Board of Health license. Bk 37364 Pg172 #52121 TOWN OF YARMOUTH 1146 RoUrf. ZC 90Ur" YARMOUTH. MASSACHUSETTS 03""SI Tekphw(S06)39 .zLltl ext. Its Fox (SM WO-347 sum BOARD OF HEALTH HANDLING AND STORAGE OF TOXIC OR HAZARDOUS MATERU LS 'UN' 2 B 2025 REGISTRATION FORM HEALTH DEPT. I Written description of business to Include. a) Business ownees name, address, phone number Cellco perm mNp WWI Venison Wireless with legal address and principal place of business at One Verhwn Way, Mail Stop 4AW100, BasMV Ridge• Now Jersey 07=0 f 244mur "Mom 000. M0039 or NO-2644M b) Name of business - cenco Partnership dlbla/ Verizon tlYh+eless c) Business operation (indudkV statement on vehicle repair. vehicle washing, vahide fuelling, stud storage of any other bulk materials w HOw or not they are toxic or hazardous such as omVost or ferliltzer) - Maim w tenna kwta9ation on the existing murgeipai water tank. Induding sesodated cabling and ground equipment cabinets with battery backup. d) Hours of operation • 24IT. s) Number of employees - No empk "n on site, sa-opewting. The location Is visaed by servk:e technicians approximately once a month In a regular pickup truck. 7) List of all toxic and hazardous materials proposed to be used or stored in the business. Include material guar ties, aonlawi M sizes and tank sides if apple. These materials Include any material 6ha1 may be considered harmful to public health and the environment such as gasoline. oils. motor vehicle Bids, paints, adhesives, chemicals and other products. Two battery strings each containing 8.90 gaMum of IlquM potassium hydroxalde electrolyte for s total of 17.#0 gallons of battery acid. Housings are sbngle walled, and Ow battery cabinet provkles 24.7 genons of secoadwy conU*w enL Diesel fuel: 3Q0-gallon capacity - Integral. double- NWW steel tank DEF: MIA Engine ON:14A quarts Rovised 1-16 2013 A TRUE COPY A7Tl;ST de CMM J CIWC 1 TOWN CLERK DEC - 9 2625 Bk 37364 Pg173 #52121 Gearbox Oil: NIA - oeaW bearing Erghw ArrtNneae: 43 gallons Generator Starer Battery: Approximately 27.7 On of lead and approxknatefy 8.14 On f0-S gallon) of" uric add. Complete secondary eonialnomm fbr 1"I Is provided at 120% of the kwl tank's eWft. Secondary eonafrunent for the anWreere, engine od, and small fuel spi0s faom the engine is provided by a tiop•of fuel.lank contaimment pan that is designed to capture any fhdd messed from the gerwator above and has an appraxlaatsty �-gsllor� cmtd�nnnent capacity. The topofhrel�k eonlNmnent Pan onrusJ AS of the top steal surface of tiN fuel tank and the tour anal sides of the fusel tank. mf" extatd 2.5 Inches above the top. The containment area messur" 2.Jt" high x 76.91" Jong x 35AT" wide. 3) H flammables storage terft am proposed plans are required. Pease see the separate document: Board of Heath Plan Requirements for Underground Stamps Tanks. See subnmed fuel to* spec sheets. The fuel tank Is a belly-rnomt tank to be mounted below the generator and wtfhln dw generator footprint. The fuel tank will sit below and be boNod to the generator. 4) Material Safety Data Sheets (MSDS) for each proposed product dw dd be av WWe for review. but not sulxnitted to the Board of Heath unless requested. Subodded 5) Butding floor Plan No building or GW%r onsite - only waatlterpnaaf equipmeM battwy cabinet located on the concrete pad. Generac doudivest generator is located out fire concrete slab. Fuel tank is within the generator's footprint. 8) kr kmft rooms clearly labeled. b) Toxic and hazardous materials storage Gres 050% volume capacity required). Wcate the height, kro and width. c) Mark floor drain locations 6) Floor Drain Detail NIA a) location(*) b) N wrdW c) Structure drains are emnected to (Iewhkq. hum lank) d) Pump records (if holding tarNt) e) Mong WW hVAevel alarm rest dales and results (for holding tank) 1I _ 9 permg it lbor drains have been cioved Town or wet water s 7) Wd W(CONTINUED 9 %%t@#eries property. NfA 8) krdicste WoOmd(s) of soled waaM disposal WA a) Durnpsar service Revised 146-2013 Bk 37364 Pg174 #52121 b) R" Semioe 9) Include onorgerM so conlalnment pleWprocedure with names and phone Aurnbers of appropriate Stale and Town Depatma" Such as. bul not limited to: s) Muse is Department of EmWonmental Protection (OEP) 386,304-1133 b) Fire Dept. 911 for wnee+gencios 1 Yarmouth Fir* Department 503.398-2213 C) Health Dept. tl0I1.398.2231 X 1?40 d) Hazardous Waste Disposal Company Clean Harbors M.64U260 e) Owner of property If property Is rented or leased Yarmouth (hater Department NO- n17921 toy Hazardous waste Removal a) Licensed Hazardous Waste Clean Harbors 42 Longwater drive Norwell, MA 02081 761-792.5000 How - company name an d address b) Frequency of removals (number of time$ per month or year that waste is (*moved) The generator WM be exercised once pw week for 35 m Inutes. Therefore, over the course, of a year k wM run for 30 hours provided there are na electrfoat power outages. piesei: Used onolM and replaced as required. Fuel polishing and fuel runt of generator fuel will be determined via lust testing. In either case, proper technician PPE (safety glasses, gloves, absorbent rmata) and spNI 00ntainment kits wlp be on hand and knplenOnted. All meteriats required to perform the work will be removed trap the site and disposed of in an EHS approved mathor. AN technicloes required for (fie c*rnpletion of the work will remain one to for the duration, of the process until final cleanup and Imspeclloms are completed. Because the eke Is located within the AquVw Protection Oftd*Y District, roe( Ing. fuel poIWW4I. andlor fuel repiae"mo activltlr will be dome in accor mw with final work processes to be reviewed with the Yarmouth Water Depsrtme t to "we that the activities sheet apgiCable rexphiremeMs. In the event et a spill, the WON tochleldan(s) will &OW the local regulatory agency's n—ficatlon procedure and notWy the office of such an instant whlb ensue and ,on In onsks until released unim a safely issue arises then dw WAnk*m will shove to a skure area. Fuel fitters: Annually whh each fuel check. Metal cannlster fll OL Gearbox of: WA Engine ale: Annually or 250 hours of no time, Whichever occurs first. ErWm a* fitters: Annually or 250 hours of run time whichever occurs first. Engine antifreeze: every two years. Starter battery: every three years. Revised 1-16-2013 A TRUE Copy ATTEST: CMl'r I CMC I TOWN CLERK DEC - 9 825 Bk 37364 Pg175 #52121 See below table for Owmator items: 11atr�aeaaa psnr - - - Of end 01 FOW r�ewbo��f�prsWrwedl _. ICWIPM Ouft � f'JsxfB� Ffaep � Aaoe:soryQd►w bolts pielwp(it naurNid on �d Ipwsi+0 ergs ha�aon. sn R�i1 d me Sm fs he do dp and Okay aperadm or � to bat *No months of d SM"Mhours(mygowdrere h r.KsnoAsr,** PrW= is wed ISMUSI A Me SONV b e0 dWV MW Cm be erdwWod to 500 Own a every *0 years, bread on do emb of fhs wwWs f sO emY ego fem a ddo trams of oo.r-an n p�qc oa�6ex of wvN Ron" a evwy t00 burs of opwaft C"l+seu coolsro smrsey for proper OWAW prerruon Irw4. Oraia. &M& gad real Igo Cleoairp sYr wb fied►eooasrN every tyro yews rsON's er ool marshowl Cbwge eodanto: kd cf &wo * s%A* es *" tow" to mixer), off, ara: a'r and W04 homes Mess, ftX%b 00%, :to. Z owa Mo 0" m pra" of O"fs rp hogs f saeswrt►drbe behs every Wm yore wpNdess of operatrrl0 hoes. H neo,," I Chet~ and #a*= NaWN& tarwionw (tuad). J AMlOMe. Bean. MPect. aWMW 01 W $90 pdwps b #* cared eperal W sutprrl robepe dew* sYslern f�rawuo rpr Y rn -0 (oult O for dmmwm" sad dgldeess C) Quantifies generetedlremoved - Oack-up Power Bowles- Two strings - r+eplaced every 10+ yean, or as needed 6ngbw all:14.4 quarts Engine antifreeze: 4.5 gallons Starwr batterfl: One battery. Group 31-automotive We Fuel lister: One Mter On filter one filter The sasvlce technician w01 remove ail toxic and hazardous waste Immediately after servkhV the generator. No toxic and hazardous waste will be left omoke overnight, nor unatwnded. f I indicate whether or not the site is vwuwn llte Aquifer Protection District (APD). Maps are avallable in the Health Dept. g within the APO a Building 000. Zoning Determination will be required and possible Board of Health and Board of Appeals HearvW. Yes, the sue is within APO. 12)StWa whether or not arty of the f0ilowing operations are proposed: a) Vehicle washhV -NIA. b) Velf+iale hm*q - A Vwlzon-approved roof eoagmV w01 laver diesel to the generator approximately once per year In the absence of electrical power outages. k is anticipated that approximately 120 gallons of diesel wtll be included In each debvery. In the went of an sieetrkal power outage, the deNveNes may become mow frgque d. depending on the durstion of the outage. c) Vehicle repair -NIA Revised 1-16-2013 Bk 37364 Pg176 #52121 d) storage of mad sand or road salt -NIA e) Storage of compost -NIA 1) Please contact the Health Department at NS-398 2231 x1240 if there are any questions or # assistance Is needed to complete Iles information request. 2) The keowhV meetings or hearings may apply to You proposal: a) She Plan Review b) Board of Health c) Board of Appeals d) Board of Selectmen 3) N a Board d Selectrim or Board of Appeals Dearing applies to your proposal the Health Dept. Handling and Storage of Toxic or Hazardous MaterWs t ioense is to be paid for once all applicable boards grant their approvals. The licensing threshold is ten gallons for liquids and fire powde for solids. The license fee Is $1 SO- per fiscal year: Orly 1— June 30. 4) the applicant must also contact the Building and Fire Depts, for their requirements. 6) There shall be no occupancy of the property until all dept. approvals are complete. Revised 1-16.2013 A TRUE COPY ATTEST: 7- - . 1I Mr O / CMC 1 TOWN CLERK S.- JOHN F. MADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEED: