HomeMy WebLinkAboutStormwater Management Permit 2022-002 SIGNED
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Town of Yarmouth Stormwater By-Law Chapter 145
Stormwater Management Permit
Yarmouth File Number:
SW 2022-002
A. General Information
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1. From: Yarmouth
Conservation Commission
2. To:
Applicant:
Greg
a. First Name
Bilezikian
b. Last Name
Two Twenty Five White’s Path Units Two and Three, LLC
c. Organization
231 Willow Street
d. Mailing Address
Yarmouth Port
e. City/Town
MA
f. State
02675
g. Zip Code
3. Property Owner (if different from applicant):
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
4. Project Location:
225 White’s Path
a. Street Address
South Yarmouth
b. City/Town
99
c. Assessors Map/Plat Number
33C
d. Parcel/Lot Number
Latitude and Longitude, if known: 41.69015°
e. Latitude
-70.19646°
f. Longitude
5. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Barnstable
a. County
C326-2 and C326-3
b. Certificate Number (if registered land)
c. Book
d. Page
6. Dates: 5/5/2022
a. Date of Application
7/7/2022
b. Date Public Hearing Closed
7/11/2022
c. Date of Issuance
7. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Development Plans, 225 White’s Path, Yarmouth MA
a. Plan Title
CHA Consulting, Inc
b. Prepared By
Kelly Killeen, PE
c. Signed and Stamped by
June 15, 2022
d. Final Revision Date
Varies
e. Scale
Stormwater Report; Long-Term Stormwater Pollution Prevention and O&M
Plan; and Draft NPDES SWPPP General Permit for Construction Activities
f. Additional Plan or Document Title
Rev. June 2022
g. Date
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Town of Yarmouth Stormwater By-Law Chapter 145
Stormwater Management Permit
Yarmouth File Number:
SW 2022-002
B. Findings
Findings pursuant to the Yarmouth Stormwater By-Law Chapter 145:
This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. the following conditions which are necessary in accordance with the stormwater standards set forth
in the Yarmouth Stormwater Regulations. This Commission orders that all work shall be performed in
accordance with the Stormwater Management Permit Application referenced above, the following
General Conditions, and any other special conditions attached to this Permit. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with the
application, these conditions shall control.
Denied because:
b. the proposed work cannot be conditioned to meet the stormwater standards set forth in the
Yarmouth Stormwater Regulations. Therefore, work on this project may not go forward unless and until
a new Stormwater Management Permit Application is submitted which provides measures that are
adequate to protect these standards, and a final Stormwater Management Permit is issued. A
description of the stormwater standards which the proposed work cannot meet is attached to
this Permit.
c. the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the stormwater standards identified in the Yarmouth Stormwater Regulations.
Therefore, work on this project may not go forward unless and until a revised Stormwater Management
Permit Application is submitted which provides sufficient information and includes measures which are
adequate to protect the stormwater standards, and a final Stormwater Management Permit is issued. A
description of the specific information which is lacking and why it is necessary is attached to
this Denial.
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Town of Yarmouth Stormwater By-Law Chapter 145
Stormwater Management Permit
Yarmouth File Number:
SW 2022-002
C. General Conditions
(only applicable to approved projects)
1. This Permit shall apply to any successor in interest or successor in control of the property subject to this
Permit and to any contractor or other person performing work conditioned by this Permit.
2. This Permit is not final until all administrative appeal periods described in the Yarmouth Stormwater By-
Law have elapsed, or if such an appeal has been taken, until all proceedings before the courts have
been completed.
3. This permit shall be recorded at the Barnstable County Registry of Deeds. In the case of recorded land,
the Final Order shall also be noted in the Registry’s Grantor Index under the name of the owner of the
land upon which the proposed work is to be done. In the case of the registered land, the Permit shall
also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed
work is done. The recording information shall be submitted to this Conservation Commission on the
form at the end of this Permit, which form must be stamped by the Registry of Deeds, prior to the
commencement of work.
4. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Permit.
5. Noncompliance with these conditions shall constitute grounds for enforcement and possible fines. Fines
shall not exceed $300.00 per day/per violation.
6. The Permit does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
7. This Permit does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
8. The work authorized hereunder shall be completed within three years from the date of this Permit.
9. This Permit may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Permit.
10. The work shall conform to the plans and special conditions referenced in this Permit. Any change in the
approved plan(s) shall require the Applicant to file, in writing, a notice of project change with this
Commission. The Commission will determine the significance of the change and determine whether
administrative approval or an amendment to the Permit is required. Should the project be changed
without permission, or found by the Yarmouth Conservation Commission to be altered in any way from
the approved plan(s), all work will immediately cease until the project is reapproved by the Commission.
11. A preconstruction review shall be arranged by the contractor with the Conservation Administrator and
shall occur prior to the commencement of any work.
12. The applicant/owner shall be responsible for having a copy of the "Stormwater Management Permit" on
the job site at all times and shall be responsible for insuring that all persons performing the permitted
activity are fully aware of its terms and conditions. Failure to do so may result in the revocation of this
"Permit", a fine or both.
13. The Department of Municipal Inspections and/or the Conservation Commission and its duly appointed
representatives shall have the right to enter and inspect the area subject to this Permit at reasonable
hours to evaluate compliance with the conditions stated in this Permit, and may require the submittal of
any data deemed necessary by the Department of Municipal Inspections and/or the Conservation
Commission for that evaluation.
14. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water
body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily
basis and shall remove accumulated sediments as needed. The applicant shall immediately control any
erosion problems that occur at the site and shall also immediately notify the Department of Municipal
Inspections and/or the Conservation Commission, which reserves the right to require additional erosion
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Town of Yarmouth Stormwater By-Law Chapter 145
Stormwater Management Permit
Yarmouth File Number:
SW 2022-002
and/or damage prevention controls it may deem necessary.
15. The owner of the property covered by this Permit, or their successors in title, shall be responsible for the
maintenance and operation of all components of the Stormwater Management System in accordance
with the Operation and Maintenance schedule provided with the approved plans. This condition is
ongoing and does not expire with the issuance of a Certificate of Completion.
16. Upon completion of the project, a request for a Certificate of Completion shall be submitted by the
applicant to the Conservation Commission for review. The Stormwater Management Permit shall be
considered incomplete until the Certificate of Completion is issued by the Conservation Commission
and recorded at the Registry of Deeds.
17. All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, the Stormwater Pollution Prevention Plan. Construction period erosion,
sedimentation and pollution control measures and best management practices (BMPs) shall remain in
place until the site is fully stabilized.
18. No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a
Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned
or prepared for post construction operation, including removal of all construction period sediment
trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed;
iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all
planting plans) approved by the issuing authority, and have been inspected to ensure that they are
not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
19. The landowner is responsible for BMP maintenance until the issuing authority is notified that another
party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of
Completion, the responsible party shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement (“O&M Statement) for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan (“O&M Plan”) and
certifying the following:
i. the O&M Plan is complete and will be implemented upon receipt of the Certificate of Completion,
and
ii. the future responsible parties shall be notified in writing of their ongoing legal responsibility to
operate and maintain the stormwater management BMPs and implement the Stormwater Pollution
Prevention Plan.
20. Post-construction pollution prevention and source control shall be implemented in accordance with the
long-term pollution prevention plan section of the approved Stormwater Report and the Stormwater
Pollution Prevention.
21. Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
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Town of Yarmouth Stormwater By-Law Chapter 145
Stormwater Management Permit
Yarmouth File Number:
SW 2022-002
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 22 through 26 with respect to that BMP. Any
failure of the proposed responsible party to implement the requirements of Conditions 21 through 26
with respect to that BMP shall be a violation of the Stormwater Management Permit or Certificate of
Completion. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
22. The responsible party shall operate and maintain all stormwater BMPs in accordance with the design
plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook and the
Yarmouth Stormwater Bylaw.
23. The responsible party shall:
i. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of
inspections, repairs, maintenance and/or replacement of the stormwater management system or
any part thereof, and disposal (for disposal the log shall indicate the type of material and the
disposal location);
ii. Make the maintenance log available to the Department of Municipal Inspections and/or the
Conservation Commission (“Commission”) upon request; and
iii. Allow members and agents of the Department of Municipal Inspections and/or the Commission to
enter and inspect the site to evaluate and ensure that the responsible party is in compliance with
the requirements for each BMP established in the O&M Plan approved by the issuing authority.
iv. Submit an annual certification, due November 1st each year, documenting 1) how non-structural
and good housekeeping practices over the last 12 months adhered to the O&M Plan; and 2) the
work that has been done over the last 12 months to properly operate and maintain the stormwater
control measures. The certification shall be signed by the owner. Once every five years, beginning
on the fifth year of maintenance, such certification must be prepared by a registered Professional
Engineer and signed by both the Engineer and the Owner.
24. All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance
with all applicable federal, state, and local laws and regulations.
25. Illicit discharges to the stormwater management system as defined in Chapter 145 Section 1.02 are
prohibited.
26. Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as
defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site
Design Credits) shall not be altered without the prior written approval of the issuing authority.
27. Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches above
grade to allow for wildlife passage.
D. Special Conditions
None
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Town of Yarmouth Stormwater By-Law Chapter 145
Stormwater Management Permit
Yarmouth File Number:
SW 2022-002
F. Recording Information
This Stormwater Management Permit must be recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property. In the case of recorded
land, the Stormwater Management Permit shall also be noted in the Registry’s Grantor Index under the
name of the owner of the land subject to the Permit. In the case of registered land, this Permit shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Permit. The recording
information on this page shall be submitted to the Conservation Commission listed below.
Yarmouth
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
……………………………………………………………………………………………………………………………….
To:
Yarmouth
Conservation Commission
Please be advised that the Permit for the Project at:
225 White’s Path, South Yarmouth, MA
Project Location
SW2022-002
Permit Number
Has been recorded at the Registry of Deeds of:
Barnstable
County
Book
Page
for:
Two Twenty Five White’s Path Units Two and Three, LLC
Property Owner
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Permit issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
