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HomeMy WebLinkAbout5239 60 Ansel Hallet Rd Decision Recorded-=-bR a,, ;�;f�9�9�a�i� CLERK RE Bk 37753 Pg281 #29827 07-22-2026 @ 08:34a FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 30, 2026 5239 June 11, 2026 Ansel & Gretel LLC Ansel & Gretel LLC PROPERTY: 60 Ansel Hallet Road, West Yarmouth, MA Map 83, Parcel 20.1.1 Zoning District: AED, APD, RMDOD Title: Book 36393, Page 348 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Manton, 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 seeks a Special Permit pursuant to the Zoning Bylaw §406 and §202.5 to allow a wholesale use within the Aquifer Protection District (APD). The property is located in the Adult Entertainment District (AED) and contains approximately 116,207.7 sf (2.66 acres). The property is currently improved with a single -story warehouse building constructed in 1991, containing approximately 20,000 sf. Additional site improvements include a large parking and loading area, a Title 5 septic system, and a comprehensive stormwater management system. SRS Distribution, Inc., d/b/a SRS Building Products (SRS) proposes to Iease the property from the Petitioner. SRS is a wholesale distributor of roofing and building supplies. The use is allowed by right in the AED but requires special permit relief in the APD under Section 406 of the Bylaw, as a small quantity of SRS's inventory consists of materials considered to be hazardous. There will be no generation of hazardous materials onsite, nor will any hazardous waste be stored onsite. Rather, SRS will be storing bulk building products in their original packaging for wholesale, some of which are hazardous. These products may include primASTj i'gOPY ATTEST: ;�. 1� P f CffiMQ I CMC / TOWN CLERK JUL 2 12026 Bk 37753 Pg282 #29827 adhesives, and sealants, all of which are common roofing materials. In addition to these wholesale use products, SRS proposes to store limited quantities of hazardous materials for company use. All hazardous materials will be stored indoors and placed upon spill control pallets, which will fully comply with the 150% secondary containment requirement in the Board of Health Regulations. There will be no vehicle washing at the Property. The proposed use was thoroughly reviewed and vetted by the Yarmouth Health Department and the Board of Health which unanimously voted on May 18, 2026 to recommend this proposal to the Zoning Board of Appeals, subject to the Board of Health Regulatory requirements and three conditions set forth in the Hazardous Materials Inspector Memorandum dated May 22, 2026. No one spoke in opposition to the proposal. After discussion, the Board determined that with the imposition of the Board of Health regulatory requirements applicable to the handling and storage of toxic or hazardous materials, and the three conditions set forth in the Hazardous Materials Inspector Memorandum, the proposal would meet the criteria of the Bylaw for the issuance of a Special Permit. Accordingly, the Hazardous Materials Inspector Memorandum is hereby incorporated in its entirety by reference and is also attached hereto. As conditioned by the Hazardous Materials Inspector Memorandum, the Board finds the proposal meets the criteria of the Zoning Bylaw, §406 for the issuance of a Special Pen -nit. SRS has a long history in the wholesale roofing and building supply industry and the proposed containment and safety measures will adequately protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism. The Board finther finds that groundwater quality resulting from on -site waste disposal and other onsite operations will not violate federal or state standards for drinking water at the downgradient property boundary. Finally, the Board finds that 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. Accordingly, a Motion was made by Mr. Martin, seconded by Mr. Mantoni, to grant the Special Permit as requested, incorporating the three conditions and the Board of Health regulatory requirements applicable to the handling and storage of toxic or hazardous materials set forth in the attached Hazardous Materials Inspector Memorandum. The Board voted 5-0 to approve the proposal as conditioned. 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. Fk4yla, Aw� C,YV,a CMG I TOWN CLERK JUL 2 12026 Bk 37753 Pg283 #29827 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 ##5239 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. NYaslowski, MMC, CMMC A TRUE COPY ATTEST: CMV C C 1 TOW i R Bk 37753 Pg284 #29827 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5239 Date: July 21, 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 & PROPERTY OWNER: Ansel & Gretel LLC Affecting the rights of the owner with respect to land or buildings at: 60 Ansel Hallet Road, West Yarmouth, MA; Map 83, Parcel 20.1.1; Zoning District: AED, APD, RMDOD; Title: Book 36393, Page 348 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, Chairman A TRUE COPY ATTEST. Y� CMUO / CMC / TOWN CLERK JUL 2 121026 Bk 37753 Pg285 #29827 Ili FROM: T O VY N O 1 I A R M O U T it Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664 Telephone (508) 398-2231, ext. 124t Health Department MEMORANDUM Zoning Board of Appeals Carl E. Lawson, Jr., Hazardous Materials Inspector C� SUBJECT Zoning Board of Appeals Petition Number 6239 Proposed new SRS Building Products Store 60 Ansel Hallet Rd., West Yarmouth DATE: May 22, 2026 Background SRS Building Products is a distributor of roofing products for professional contractors. According to their website, there are 430 SRS branches nationwide. The closest SRS Building Products store to Yarmouth is in Plymouth, although that store Is branded Heritage Wholesalers. Since August of 2025, the Building Commissioner and I have acquired knowledge of the details of the SRS Building Products proposal through communication with the representatives of the following agencies. 1) SRS Building Products legal counsel, LaTanzi Spaulding & Landreth, LLP 2) SRS Building Products company representatives Proposal SRS Building Products proposes opening a new store in West Yarmouth at 60 Ansel Hallet Rd., which was the location of FedEx Express from 1991 to early 2025. This location is within the Town's Aquifer Protection District (APD) for the public drinking water supply. Toxic and hazardous materials proposed for storage and resale include liquid bonding adhesive, liquid primer, liquid cleaner/degreaser, and tube cartridges of sealants. Concerning the container sizes of materials available for sale: bonding adhesive is sold in five -gallon containers, primer for pressure -sensitive materials is sold in one -gallon containers, cleaner degreaser is sold in one -quart spray bottles and sealants are sold in C;ff ATTE8T: CM?45 / CIVIC / TOWN CLERK JUL 2 1 2G26 Bk 37753 Pg286 #29827 tube cartridges of approximately twelve ounces. The materials sold in cartridges are of a paste -like consistency, not liquid. Toxic and hazardous materials proposed for storage and use by staff include Diesel Exhaust Fluid (DEF), gasoline, engine antifreeze, windshield wash fluid, and surface and glass cleaner. Diesel Exhaust Fluid (DEF) is an expendable material, added to integral tanks on diesel - powered vehicles and automatically injected into the exhaust gases to reduce emissions. Up to two 55-gallon drums of DEF may be onsite, although SRS has no plans to store two full drums. Instead, they plan to store one full drum, and as it is depleted, a replacement drum will be ordered. Therefore, SRS anticipates storing at Most. one partially filled drum of DEF and one full drum of DEF. SRS plans to store about two gallons of gasoline, two gallons of engine antifreeze, three gallons of windshield wash and two gallons of surface & glass cleaner. Gasoline storage may be needed to fuel a snow blower used by staff. If the building owner provides snow removal, then no gasoline needs to be stored, but this matter will only result in about a two -gallon variation in the amount of toxic or hazardous materials stored. DEF, engine antifreeze, and windshield wash will be used to replenish SRS company trucks. All other servicing of SRS company trucks will be conducted offske at vehicle service facilities. Forklifts and moffetts (forklifts intended to be transported on the rear of delivery trucks or trailers and designed for operation on varied terrain) will be serviced onsite, by a third - party service provider. Service work will occur inside the building. When service work includes vehicle fluid changes, the service vendor will provide the new fluids and remove the used fluids for proper disposal, immediately following the service work. The interior of the building includes trench drains, connected by piping to an underground holding tank that is within the footprint of the building. The forklifts and moffetts will be powered by propane which will be stored outside in accordance with all Fire Dept. regulations. SRS Building Products proposes to store a maximum of 400 gallons of toxic or hazardous materials at this location. Regulatory Item Zoning 1) SRS Building Products is required to apply for zoning relief with the Zoning Board of Appeals (ZBA) for toxic and hazardous materials storage of more than normal household quantities, within the APD, as outlined in Yarmouth Zoning Bylaw Section 406.5.1.1 (3). Normal household quantities are typically twenty gallons A TRUE COPY ATTEST. 2 PW&MJ4 , M I cMC I TowN CLERK nr . ,1±5 �� . GU1. Bk 37753 Pg287 #29827 total for an operation. A ZBA meeting date has not been scheduled as of this writing. Board of Health (BOH): 2) The Board of Health (BOH) Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990, and licensing requirement, applies to this proposal as the involved quantities of materials exceed the licensing threshold of ten gallons. The regulation includes, but is not limited to, 150% volume secondary containment of toxic or hazardous materials. Ite Visit to Plvmouth Location On April 14 1 visited the SRS Building Products Store located at 15 Robert J Way in Plymouth. The store manager provided me with a tour of the facility and informed me about the handling and storage practices for toxic or hazardous materials. I viewed the entire retail floor, warehouse storage area, and outdoor area which Included the storage of only hard goods. The facility was neat and well organized. Two wooden pallets holding five -gallon containers of liquid bonding adhesive, were stored in the warehouse. One pallet of containers was still unopened and wrapped in plastic film. The other pallet was opened with several containers removed. A full pallet contains 45 five -gallon containers. The store manager informed me that when the last remaining pallet of materials is opened, another is ordered. One -gallon containers of primer, one -quart containers of cleaner/degreaser and cartridge tubes of sealants, about 12 oz. in size, were stored on the retail floor. I was informed that up to 80 one -gallon containers, 24 one -quart containers and a few cases of cartridge sealants are stored. No secondary containment was in place, but 150% volume secondary containment is required by Yarmouth regulation. Items for staff use included about: five gallons of gas, five gallons of diesel, twelve gallons combined of automotive fluids, pesticides and eight gallons of paint, although the same materials and quantities are not proposed for Yarmouth. Toxic or Hazardous Materials Delive All deliveries will be received during regular business hours. A TRUE COPY ATTEST: 3 A�_a- &dzx CM / CMG ! TOWN CLERK Bk 37753 Pg288 #29827 The materials will typically be delivered from the manufacturers to the 60 Ansel Hallet Rd. location by truck transportation provided by a third -party freight carrier such as TMC, although other freight carriers might be used. Occasionally toxic or hazardous materials may be transferred to the Yarmouth location from another SRS Building Products store. In either case the delivery method will be truck transportation. Liquid bonding adhesive will be delivered in five -gallon containers with forty-five containers on a wooden pallet. The containers are secured to the pallet and each other with plastic wrap. The one gallon and smaller containers of hazardous materials will be delivered in boxes. All materials for resale will be removed from the delivery trucks by SRS employees using forklifts and immediately brought inside the building through garage bay doors to the Hazardous Materials Storage Room (labeled HAZ-MAT STORAGE ROOM on the floor plan). Single 55-gallon drums of DEi= will also be delivered by truck transportation by a vendor and immediately moved inside the Hazardous Materials Storage Room. Toxic or Hazardous Materials Handling and Storage Five spill control pallets, sold by Air Gas (part number E421640), made by Eagle, and each having a liquid holding capacity of 132 gallons will be placed in the Hazardous Materials Storage Room. Given the 150% volume secondary containment requirement of the Yarmouth regulation, up to 88 gallons of materials could be stored on each spill control pallet (88 X 150% = 132). A spill control pallet is a sturdy, raised plastic deck with secondary containment beneath. These units are designed to capture and contain liquid material in the event of release from containers stored on the spill control pallet deck. In the event of a release of liquid material, liquid would flow through slots in the deck and into the containment area below. Once the pallets of toxic or hazardous materials are inside the Hazardous Materials Storage Room, staff will remove the plastic wrap from the pallets and manually place the product containers on spill control pallets. The smaller containers of toxic and hazardous materials will also be placed on the spill control pallets. DEF drums will be placed on the spill control pallets. Containers will be distributed across the spill control pallets in such a manner that the regulatory requirement is met. A TRUE COPY ATTEST: CMN10 / CIVIC / TOWN CLERK Bk 37753 Pg289 #29827 A small display area of products is planned, however no toxic or hazardous will be displayed. These materials will be stored only in the Hazardous Materials Storage Room. Toxic or Hazardous Materials Us2 None of the roofing supply materials available for sale will be used onsite. These materials are for sales to customers only. Customers may purchase products, receive them, and carry them by hand to their vehicles. Depending upon the amount of the purchased materials, customers may park their vehicles outside the garage bay doors of the Hazardous Materials Storage Room, where SRS employees deliver the material to them by hand or using a hand truck. Larger orders are delivered to customers. In these cases, SRS employees transport the materials by hand or forklift, from the Hazardous Materials Storage Room, through the garage bay doors and into SRS delivery trucks parked immediately outside. The same method may also occasionally be used to transfer materials between SRS Building Products stores. As stated previously, gasoline might be used to fuel a snow blower used by staff. DEF, engine antifreeze, and windshield wash will be used to replenish SRS company trucks. Surface and glass cleaner will be used for their intended purposes. Toxic or Hazardous Materials Disposal No hazardous waste is generated or accepted for disposal. If a container is found damaged or leaking, it will be placed on a spill control pallet and removed by a licensed hazardous waste hauler. Additional Information 1) Five SRS Building Products employees are planned to work at this location. 2) The planned hours of operation are 7:30 AM to 4:00 PM, Monday through Friday. Board of Health Regulatory Requirements Yarmouth Board of Health Regulation requires the following regarding toxic or hazardous materials handling and storage which apply to the proposal by SRS Building Products. A TRUE COPY ATTEST: CMMO I CIVIC I TOWN CLERK n 1r<. l ��t.�4 fnGL� Bk 37753 Pg290 #29827 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. Propane is an exception because it must be stored outside to meet Fire Code. Propane turns to a mist and then a gas upon contact with air. In the event propane is released from a tank, because of activation of the pressure relief valve or a leak, it must be allowed to disperse to avoid an explosion risk. 4) All materials must be protected from vandalism. 5) Materials must be stored in covered product -tight containers. 6) All material containers must be properly labeled. 7) All materials must be stored in such a manner to facilitate visual inspection of each container. 8) All materials must be stored inside secondary containment of 150% volume of the total amount of materials stored. This requirement may be waived as outlined in Section 10, Item C of the Health Regulation for materials stored in display areas and available for public sale. Materials stored off the retail floor are required to have 150% volume secondary containment. 9) Any waste material must be properly disposed of by a licensed hazardous waste hauler. 10)Safety Data Sheets (SDS) for each toxic or hazardous material must be maintained onsite and be readily available. 11)No vehicle washing is allowed onsite. 12)A sufficient supply of absorbent material must be kept onsite for use in the event of a release or toxic or hazardous materials. BOH Mestina and License, Condition Recommendations Legal counsel for SRS Building Supplies, Eliza Cox, and SRS Building Products Regional Manager, Jon Marron, presented their proposal to the BOH at the regular board meeting on May 18, 2026. The BOH approved recommending the proposal of SRS Building Products to the ZBA by a unanimous vote with four members present and voting. This recommendation Is based on the ability of the SRS Building Products to comply with the Town of Yarmouth Board of Health Regulation: "Handling and Storage of Toxic or A TRUE COPY � • rvwe-M44ATTES6 A C&A1 j[C jC4l T N CLERK Bk 37753 Pg291 #29827 Hazardous Materials" and based on the following three (3) conditions listed below. These conditions are in addition to the scope of the regulation and are intended to provide additional protection for the APD. 9) The maximum onsite storage of toxic or hazardous materials is limited to 400 gallons total. 2) A detailed material spill containment plan must be conspicuously posted at all times, and all employees must be familiar with the plan. 3) No vehicle washing is allowed. The Board of Health and Health Department respectfully request that if this proposal is approved by the ZBA, the preceding three (3) conditions please be included in any ZBA decision. Furthermore, if allowed by the ZBA, these items will be included as conditions of the annual Board of Health license. A TRUE COPY ATTEST: CM /CMC/ K 'J(t� BA E C : ' REGISTRY OF DEEDS RECEIVED E RECORDED ELECTRONICALLY