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Home My WebLink About5238 35 & 41 Industrial Park Rd Decision RecordedYARMiOUTH TOWN CLERK RE JUN 29'26 FmI2:28 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: Sk 37767 Pw 30 030935 07-28-2026 & 03 a 2SP TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 29, 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. A0' tt. r' Chairman Igoe confirmed the petitioner's understanding of and continuedt n�a}iaV �►� conditions outlined in Special Permit #5079. Chairman Igoe also read irUecrd a f IVIa 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: 1. 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) Sean Igoe, Chairman 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 #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. YA Mary A. Maslowski, MMC, CMMC A jtrzG JUL 2 0 2026 r JUL 2 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. RECEFVED Howladay Inn Doggie Daycare FEB 16 2024 F30 RD OO APPEALS Cleaning products used inside the kennel: Lysol Cleaner and Disinfectant, Bleach, Windex, Clorox Wipes Cleaning product used outside on the turf: f 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 1/4 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. 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 '/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 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. 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. 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? II. 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 Foreverl-awn 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. 1=oreverl-awn 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. Page 1 of 8 Figure 1. Google Earth imagery of outside area. K-9 grass over iii" stone/dust Pervious/topsoilover sand Various pervious over asphal# Asphalt Outside area used by dogs Soil core Concrete core Well Site Drainage low point Runoff Figure 2. Detail of current configuration. Page 2 of 8 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 S 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 -r5" layer of topsoil that transitions to coarse sand below 10" as shown on the left side of Figure 4. Page 3 of 8 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) - %" gravel over asphalt (-4' x 40' strip along south edge and -3' 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/Q. 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 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/topsoilover sand 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 8 V. About Science Wares, Inc. Science Wares, Inc. has been providing technical consulting services for wastewater management planning on Cape Cod for over 10 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. Page 6 of 8 ENMOTECX LABORATORIES, INC MA CERT. NO.: M-MA 063 O./An Seaosdin Drlw Unk 12 SandrrfclY, MA 02563 (508088-Me 14#0439-4160 FAX itW)US-6u6 Client Name: Rolhfen, Kristen Location Address: 87 HamW" Ave Fah"uth, Ma 02540 Lab Number: Collected By : Mam►ew white Date Received: Sample Type : orinkkV water Well Specs : 12 Industdat Parts Rd W YermOuth. MA DW240794 0311 N24 Location Somre A Dare Collected 03/ W4 7Yaz0 collected Miti Comments GroundwatwWon Anabmfi Rejuestd Ualts Recwnemeaded Lfwldr Arra{ysfr Rauh M dhod Datr Aaai Awa&wd B�j Iawic.onwrm V PLV1UVmL V V bmVElLtl MviorlU[4 G6®17:45 PH PH unf 6.31 SM 450044-8 03115=4 KF Spacdc CaWuMnew umhoslan 5W 122 EPA 1201 03/1512024 KF NIO &N mg1L 1.00 0.030 EPA 300.0 03/1512024 KF Mire" mg/L 10.0 0.90 EPA 300.0 OYM2024 KF Sodium m91L 20.0 7.4 EPA 200.7 03110=4 KB Total Iran mg/L 0.3 0.798 EPA 200.7 03M9=4 KB Manpanese mg/L 0.05 t0.005 EPA 200.7 0311WM4 KB PotaSSFumo mpll 20.0 1.9 EPA 200 7 03/1WM4 Ke Calcium mgA. WA 13 EPA 200 7 03/1WM4 K8 Magoeshrmo m911. WA 1.0 EPA 200.7 03/19r1024 KO Total Herdresso mgll 30-200 37 SM 23408 03120r2024 K8 AisARnIty mgrL 200 12 SM 2320E 03/1512024 KF Suefste mp/L 2SO 21 EPA 300.0 03V15/2024 KF CtdaWe mg& 250 15 EPA 300.0 03115=4 KF Turbidity NTU 5.0 8.6 SM 2130B 03/t5=4 KF C010rn APC urft 15 4 .0 SM 21206 03115=4 KF Free CO2 mp/L 50 17 COct tation OYlOM24 KF Date WO/2024 Ronald J. Saari laboratory Direetar RRI. + Below Reporrable Unto Ste Alrachcd oC erdfreadbn h not arailable J6r this analyse jev poiaUe wafer sample Page 7 of 8 Page 1 of ENVIROTECH LABORATORIES, INC. MA CERT. NO.: M MA 063 d An Seb"den Prim Valf 12 Sandwich, AU 025M (51M) Md-6460 1-80"34.6f 60 FAX (508)888-M46 Client Name : Rathje.% Kristen Location : Address: e7 Hamilton Ave 12 Industtfal Parts Rd Falmouth. lugs 02540 W. Yarmouth, MA Lab Number : OW-240794 Collected By : Matthew White Date Received: 0&15124 Sample Type: Orlaft water Well Specs : Loeadon Source A Dare Colfecad MU24 I "me CaJlerrrd 0:15 Camtnears firoutbwaterwall IAn" .Irr bi* Requeved units Remomended LGnlrr Ra+d1 I Method Dare Axagvre .4wWd By Comments: pH is below recommended limit and may have oomosive rharaaarlstIcs Iron Level is not a health hazard. but may cause taste and standng problems Total Hardness results indicate water is soft. An samples were sna"ed within the estebli hed guidewm of Ufa EPA approved methods with all requirements met. unless otherwise noted at the and of a given sample's anafytleaf results. We earthy that fno "0wlny results are true and aoc reie to the best of our knowledpe Water moats EPA standards and Is sulfable for drinking for parametars testod. Ronald A Saari Laboratory Director BRL - Below Reporloble lamiu 'See kwhed oCerrifuarion fr not a"Olable for this analytr for potable moor raMpla Page 8 of 8 Dare 3120/2024 Page 2 of 2