HomeMy WebLinkAboutLtr from Hendrickson with concern1
February 12, 2025
Barnstable Zoning Board of Appeals
367 Main Street
Hyannis, MA 02601
RE: Appeal No. 2024-044
Special Permit for ongoing expanded autobody use
972 Main St. (Rt .6A)
West Barnstable, MA 02668
Dear Chairman Dewey,
I am concerned about the ongoing expansion of the subject autobody business based on my
experiences as a scientist and former West Barnstable Water Commissioner during the past three
years. The project site is located within the Aquifer Protection Overlay District. Regardless of a
pre-existing non-conforming use, the proposed project expansion threatens the water quality of the
aquifer and nearby private drinking water wells. Certainly the ZBA will focus on bringing the site
into regulatory compliance with respect to considering the following minimum requirements
necessary to reduce contamination of the aquifer and soils:
1. The leach pit locations are not shown on the site plan and the existing and proposed flow
calculations were not provided. A Title V septic system should be required for both
buildings to provide a minimum level of leachate treatment;
2. Soil testing to evaluate and remediate any contamination from previous site use as a gas
station/ auto repair shop plus the existing autobody shop use that has expanded without a
permit;
3. Installation of perimeter groundwater monitoring wells to detect any contamination of the
aquifer, identify plumes migrating towards private drinking water wells and the Sandy
Neck Barrier Beach Area of Critical Environmental Concern (ACEC);
4. Removal of all underground gasoline and oil tanks by a licensed hazmat company;
5. Hazardous materials compliance and the addition of pavement with curbing for runoff
containment because cars involved in collisions can leak hazardous materials directly into
the aquifer;
6. The proposed fence should be moved to the lot line so that cars, dumpsters and any other
structures should not be allowed in the 12-ft. ROW;
7. All structures should have been labelled as “existing and permitted” versus “proposed”,
their dimensions and/or linear footage designated and lot coverage, by type, all should have
been provided on the site plan. The species of trees cannot be determined on the site plan,
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based on the plan legend, and should have been selected in consultation with the Tree
Warden to ensure their appropriateness for survival.
8. The existing versus proposed lot coverage is not indicated on the site plan, but based on
my measurements, is already excessive given the additional structures on the site that are
NOT pre-existing non-conforming uses (and may not even have been permitted). Although
the house and shop building are pre-existing, nonconforming uses, the number of damaged
cars on the site should not be allowed to expand further on this small, non-conforming lot
size which is already way beyond the 10% lot coverage maximum for the Zoning District
(WB VBD). Thus, the number of parking spaces) should be minimized, not maximized as
is currently being “pro posed”. How would the number of required parking spaces be
demarcated to be enforceable on this site which is not paved?
Large numbers of collision-damaged cars are parked on unpaved surfaces (soils/gravel) for
extended periods, which allows leaking of hazardous materials associated with such vehicles into
the site’s highly leachable soils (Carver 259B) and then into the aquifer. Clearly, the number of
vehicles that are regularly brought onto the site (20-30) is well beyond the capacity of this small
0.6-acre lot that also contains the autobody building (with exterior storage areas), house and other
structures (gazebo, Quonset hut, etc.). Increasing the number of these damaged vehicles increases
the probability of soil and groundwater contamination, making the ongoing expanded use of the
autobody business a threat to the private drinking water wells in the vicinity of the site and the
ACEC.
We count on our Town Boards to ensure that our zoning and health regulations are followed in
order to protect contamination of our private wells in West Barnstable because private wells are
not protected under State laws.
Sincerely,
Lisa Hendrickson
Encl.
CC: ZBA Town Council liaison, Councilor Betty Ludtke
West Barnstable Water Commission
Dr. Mark Nelson, Chair
Kris Clark, Clerk
Brian Paradise