HomeMy WebLinkAbout5238 35 and 41 Industrial Park Rd Decision Certified 06.29.26YRRHOUTH TOWN CLERK RE
JUN 29126 PK12:M
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 291) 2026
5238
June 11, 2026
Alisha Lynne Ludwig dba The Howl -A -Day, LLC
Louis A. Stergis, Trustee of Gusto Realty Trust
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
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
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 Alisha Lynne Ludwig dba The 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 lot contains
approximately 20,908 square feet of area.
Previously, the Board granted Special Permit #5079, dated May 8, 2024, for B-3 use in a B-3
zoning district to allow boarding for up to 40 dogs, subject to several conditions, and restricted
the Special Permit to the business owner, Matthew White. On May 6, 2026, Matthew White
notified the ZBA Office Administrator of his departure from the business and shared the contact
information for a previously undisclosed co-owner: Alisha Lynne Ludwig.
At the June 11, 2026 hearing, the petitioner asserted her ownership stake in The Howl -A -Day,
LLC, presenting a Massachusetts Certificate of Organization filed March 31, 2014, which names
Alisha Lynne Ludwig (formerly known as Alisha Lynne White) as a manager.
Chairman Igoe confirmed the petitioner's understanding of and continued compliance with the
conditions outlined in Special Permit #5079. Chairman Igoe also read i he record a letter
A E COPY ATTEST:
CMIKO / QM0 / TOWN MERK
JUL' 2 0 2016
concerning a fence that may encroach on 25 Industrial Park Road, an abutting property currently
owned by David J. Gross and Herbert C. Gross. Although this matter falls outside the Board's
purview, the petitioner committed to relocating the fence, if necessary.
As to the merits of the petition, the Board determined a modification to Special Permit #5079 is
appropriate. A motion was made by Mr. Panebianco and seconded by Mr. Mantoni to modify
Special Permit #5079 with the petitioner's name. The members voted as follows: Mr. Martin -
AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The
motion was voted 5-0 in favor.
Therefore, Special Permit #5079, dated May 8, 2024, is modified, subject to the following
conditions from said Special Permit:
l . The Special Permit is restricted to this business owner, Alisha Lynne Ludwig dba The Howl -
A -Day, LLC;
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; and
3. The following exhibits are attached and incorporated as conditions:
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 Technical Memorandum, dated April 1, 2024, and provided by Eric Karplus, Owner,
Science Wares, Inc.
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)
1�_251
Sean Igoe, Chairman
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 #5238 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, MMC, CMMC A TRUE COPY ATTEST.
JUL 2 0 2026
cm,lou/ CMC I TOWN CLERK
JUL 2 0 2026
0 YA�
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'yc�RPORA7E9 `69
Petition #: 5235
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: July 20, 2026
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: Alisha Lynne Ludwig dba The 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 I I (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
•l�d+�-1
CM10CMC 1 TOWN CLERK
JUL 2 0 2026
To:
From:
CC:
Date:
Subject:
TOWN OF YARMOUTH
DEPARTMENT OF PUBLIC WORKS
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, 2024
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:
CMM/ CMC / TOWN CLERK
LP,PPEA,S
IVEI�
Howladav_Inn_Doggie Daycare 2024
UTH
Cleaning products used inside the kennel: Lysol Cleaner
and Disinfectant, Bleach, Windex, Clorox Wipes
Cleaning product used outside on the turf:
Nature's Urine Destroyer Plus,
At the start of each morning, dogs are let outside on the turf
for a bathroom break. This occurs, on average, 6 times per
day during our operating hours of 6am-7pm. This is the only
area for bathroom breaks.
For cleaning urine and poop inside, when a dog pees or
poops, we use paper towels, poop bags, and/or a mop
bucket with a mixture of cup of Lysol Cleaner and
Disinfectant with 2 gallons of water. We use paper towels to
pick up small urine messes and clean any large urine
messes with the mop using Lysol Cleaner and Disinfectant
mixture. The mop is rung out in the catch bucket inside the
large mop bucket. Paper towels are disposed into a trash
can that is later placed into the on -site dumpster for off -site
disposal. We use Cavossa for our dumpster service.
A TRUE COPY ATTEST -
MOW CMC -TOWN CLERK
1111 2 n ?n?R
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 3times 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 per use.
Daily, for deep cleaning, we vacuum and use bleach in a
sprayer for deep cleaning the runs and the play areas. We
use 1/2 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 '/2 cup 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:
CM f CMC I TOWN CLERK
JUL 2 0 2026
The on -site dumpster is then emptied every Wednesday by
Cavossa to an off -site location.
We use Nature's Urine Destroyer Plus for cleaning and
destroying the urine enzymes on the turf. This is applied
daily at the end of each day by spraying down the turf using
the sprayer bottle of Nature's Urine Destroyer pictured
above.
Once a week, Saturday or Sunday, we deep clean the turf by
meticulously power washing the entire turf area using a
power washer with water only.
Thank you for your time. If any further questions or
information is needed, please call Lynne at 774-216-0268.
A TRUE COPY ATTEST.
CMMJ ! CMC / TQWN CLERK
_1111 2 0 MR
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:
PageZof8
%CMJ U L 2 0 2026 CLERK
Figure 1. Google Earth imagery of outside area.
K-g grass over'/s" stone/dust
Pervious/topsoil over sand
Various pervious over asphalt
IAsphalt 7
Outside area used by dogs
Soil core
Concrete core
Weil Site
Drainage low point
Runoff
Figure 2. Detail of current configuration.
bT7%Y ATTEST
Page 2 of 8
CMi01 / CM / TGWiV CLERK
1111 2 a MR
R t
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.
Page 3 of 8 vATRUE C918Y A-Il"EST:
1�1
C a 1719 N CLERK
Figure 4. Soil and concrete cores.
III. Water sampling
The current owner of the property installed a well at the location shown in Figure 2 and provided
a water sample at 9:15am on March 15, 2024 that was witnessed and delivered to Envirotech
Laboratories, Inc. by staff from our company. The results are attached to this report.
IV. Assessment and Recommendations
The site appears to be well situated and managed. Solid waste from the dogs is removed
promptly and bagged and transferred to a dumpster that collects other trash which is regularly
removed from property by a commercial hauler. This aligns with well-known pet waste
management strategies. Urine cannot be collected but instead enters into the ground by a variety
of routes at this site:
- K-9 grass into 4-5" of 80%'/2" gravel / 20% stone dust
- %" gravel over topsoil (-3' x 40' strip on north edge, —3' x 12' strip along east edge)
3/" gravel over asphalt (-4' x 40' strip along south edge and -r3' x 40' strip along east
edge)
Runoff into wooded area to the north and east and gravel covered portion of southern
area of parking lot abutting natural woods on south
This site has been operating for daycare and boarding in something close to its current
configuration since the K-9 grass was installed about 7.5 years ago (September 2016). The
water sample taken from a nearby well had a Nitrite-N level of 0.03 mg/L (recommended limit
1.00 mg/L) and a Nitrate-N level of 0.9 mg/L (recommended limit 10.0 mg/L).
On the basis of qualitative observation of the site and the results from the water test, it is
reasonable to believe that solid animal waste is being handled in the best way possible, and that
nitrate and nitrite in the urine is being metabolized in the various groundcover and soil systems
and is not propagating into the groundwater at levels of concern.
Page 4 of 8
A TRUE COPY ATTEST.-
_
CM ec�)Ic
MC /TOWN CLERK
II II n )nnn
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 V2" stone/dust
Pervious/topsoil over:s:and::]
Various pervious over asphalt
Asphalt
Outside area used by dogs
Established Root Zone Area
Soil core
Concrete core
Well Site
Drainage low point
Existing ` Improved
Runoff Runoff
Figure 6. Recommendation for improving runoff management.
Page 5 of $ UE ATTEST.
nw't
CMM 4! FMqA T-10 CLERK
V. About Science Wares, Inc.
Science Wares, Inc. has been providing technical consulting services for wastewater
management planning on Cape Cod for over 90 years. We have been contracted directly or
subcontracted by companies including GHD and Horsley Witten to work with Towns including
Falmouth, Barnstable, Orleans, and Eastham as well as the Cape Cod Commission and several
private organizations. We have planned and executed pilot programs for a variety of non-
traditional technologies including innovative/alternative septic systems (I/As), `eco toilets', and
increased aquaculture.
Y ATTEST•
Page 6 of $ CF.
UM/ CMC 1 WN UERK
tool 0) n IMIM
ENVIROTECH LABORATORIES, INC
MA CERT. NO.: M--MA Obi
d Jan SehasNan Drim Unit 12
Sandw" MA 02563
(508)IaS.6i6o 1400-3396"60
FAX f$08)888-bar6
Cliemt Name : Ra/)Vm Kristen
Location :
Address: 87 HamWAn Ave
12 industrial Perk Rd
Falmouth, Ma 02540
W. Yamrouth.
MA
Lab Number :
DW-240794
Collected By : Matthew white
Dale Reealved :
031M24
Sample Type: Drid*V
water
Well Specs
Location Source
Dam Collected
Ilene QW9CW
Comirte &
A
0311tim
9:15
I
I
Groundwetw Wetl
AMelym RaTutwed
tlmin
Reeommeaded Limin Awa&sis Resatt MetAod
y
Dan Arraiy;e
A—Owd By
Total CoNform
_
CFLWt00mL
O
0
SM02228
Q7/15rl024
GO Q 12745
PH
pH urr#s
6.".5
5_31
SM 450044-8
03I15=4
KF
Spocft ConduWanoea
umhoskm
500
122
EPA 1201
03116=4
KF
Nltdta-N
mglL
100
0 am
EPA 300 0
03115=4
KF
Nitrate-N
mgA.
10.0
0.90
EPA 300 0
03115=4
KF
Sodium
mgA.
20.0
7.4
EPA 200 7
03Mt#rM4
Ks
Teti Iron
MG&
0.3
0.700
EPA 200.7
03M9rl024
KB
Margmiese
mgA.
0.05
<0 M
EPA 200 7
03l19I2O24
KB
Potmetona
mq&
20.0
1.9
EPA 2W.7
03/19rl024
KB
Coldum
mg&
NIA
13
EPA 2W 7
03119=4
Ke
Magne3h-a
mg/L
WA
1.0
EPA 200.7
03119=24
KB
Toted He"fim "
mq&
50.200
37
SM 2340E
03=12024
Ke
AOca& ty
mgA.
200
12
SM 23208
0311WM4
KF
Suttate
mgA.
250
21
EPA 300.0
03115=4
KF
Chloride
mok
250
15
EPA 300.0
03115=4
KF
Twbid4y
NTU
5.0
8.6
SM 21308
03115r1024
KF
Colom
APC units
15
-e&0
SM 21208
03115=4
KF
Freo CO2
mgA.
50
17
CatculaWn
03MWM4
KF
Ronald A Saari
Laboratory Director
RRI. u Below Reportable Llstiu 'See AftarAc4
oCerdf radon h not a*arlable for the analyte fw potable water taerples.
Dale 3/20/2024
Pop 1 of 2
A TRUE COPY ATTEST
Page 7 of 8 Fk,0'
CMVO / CMC MOWN CLERK
JUL 2 0 2026
ENMOTEC11 LABORATORIES, INC.
MA CERT. NO.: M-MA 063
Client Name : Ratken. Kriuen
Address: 87 Hemltton Ave
Fatmouth, Aka 02540
Collected By : Ma thew wMe
Sample b pe : Drinkdrfg water
Comments:
d AN Stbrarlan Drlm t/wlr 12
Sands kA6 AM 02S63
(308) 8U-6460 1-800-i39.6460
FAX (308)888-6446
Location
12 Irf 3 t l Paris Rd
W Yarm*A, MA
Lab Number :
Dw-24o79:
Date Received.,
M 15+24
Well Spec, :
pH is below recormmeWed Ilmd and may have corrosive chareaeristles.
Iron Level Is not a heath hazard, but may cause taste and stainifg problems
Total HafS M3 results "Cate water is soft.
AM samples were analyzed within the established gkhddk r:s of US EPA approved methods with as requirements met,
unless otherwise noted al the end of a given samplo^s anal cM tesufts
we oer* that the following results are true and a=Me to the hest of our knowledge
Walsr nHH is EPA standards and Is sulbbb for drinking for paranit:em tosted.
Rowald !. Saari
Laboratory Director14
BRL - Below Reportable l imin !See Attached
tiGrtiAwfian b not a"Wable for this mralyrt for potable tivur samples.
Date 3120/2024
Page 2 of 2
Page 8 of 8 A TRUE COPY ATTEST.
9M0WN CLERK