HomeMy WebLinkAboutStormwater Management Permit 9.8.22 01•_.Y4e Town of Yarmouth Stormwater By-Law Chapter 145
et. Yarmouth File Number:
--)°51 Stormwater Management Permit
N;`",r ` S W2022-001
A. General Information
Important: Yarmouth
When filling1. From:
Conservation Commission
out forms on 2. To:
the Applicant:
computer,
use only the Joseph Gilmore
tab key to a. First Name b. Last Name
move your
cursor-do c.Organization
not use the
return key. 4 Doresett
4 : d. Mailing Address
East Walpole MA 02032
e.City/Town f.State g.Zip Code
pew
X N 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:
150 South St Yarmouth
a.Street Address b. City/Town
34 292.2
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 41°39'0.91"N 70° 11'56.60W
e.Latitude f. Longitude
5. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Barnstable 225924
a.County b.Certificate Number(if registered land)
c.Book d.Page
6. Dates: 3/10/2022 9/1/20222 9/8/2022
a. Date of Application b. Date Public Hearing Closed c.Date of Issuance
7. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Existing Drainage Area Site Plan of 150 South Street, South Yarmouth MA
a. Plan Title
Daniel A. Ojala, Down Cape Engineering Daniel A. Ojala
b. Prepared By c.Signed and Stamped by
6/26/2022 1" = 20'
d. Final Revision Date e. Scale
Drainage Details 7/29/2022
f.Additional Plan or Document Title g.Date
Page 1 of 7
01_"Y414 Town of Yarmouth Stormwater By-Law Chapter 145
r o Yarmouth File Number:
Y \$ Stormwater Management Permit
SW2022 001
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.
Page 2 of 7
Town of Yarmouth Stormwater By-Law Chapter 145
' Yarmouth File Number:
Stormwater Management Permit
•
SW2022-001
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
Page 3 of 7
Town of Yarmouth Stormwater By-Law Chapter 145 Yarmouth File Number
jk Stormwater Management Permit
SW2022-001
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
Page 4 of 7
Jf Town of Yarmouth Stormwater By-Law Cha ter 1454A
Yarmouth File Number:
Stormwater Management Permit W
S 2022 001
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
See attached page 5A
Page 5 of 7
Town of Yarmouth Stormwater By-Law Chapter Y 145-
Yarmouth File Number:
A rS4t Stormwater Management Permit SW2022-001
D. Special Conditions
SC 1. Inspections shall be carried out according to the Stormwater Bylaw Regulations:
a) Pre-construction Meeting. Prior to starting clearing, excavation, construction, or land disturbing activity the Applicant,
the Applicant's technical representative, the general contractor or any other person with authority to make changes to
the project, shall meet with the Commission to review the permitted plans and their implementation.
b) Commission Inspections. The Commission and/or Department of Municipal Inspections shall make inspections as
hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein
the work fails to comply with the Stormwater Management Permit, as approved. The Permit and associated Stormwater
Management Plan, Erosion and Sediment Control Plan, and Operation and Maintenance Plan, bearing the signature of
approval of the Commission, shall be maintained at the site during the progress of the work. In order to obtain
inspections, the permittee shall notify the Commission at least two(2) working days before each of the following:
• Erosion and sediment control measures are in place;
• Bury Inspections: prior to backfilling of any underground drainage, stormwater structures or BMPs.
• Close of the Construction Season if applicable;
• Final Inspection. After the stormwater management system has been constructed and before the surety has
been released, the Applicant must file the reports as provided in Section 2.09 of these regulations.
c) Permittee Erosion and Sediment Control Inspections. The permittee shall conduct and document inspections of all
erosion and sediment control measures no less than weekly or as specified in the Permit, and prior to and following
anticipated storm events. The purpose of such inspections will be to determine the overall effectiveness of the erosion
and sediment control plan, and the need for maintenance or additional control measures. The permittee shall submit
certified monthly erosion and sediment control reports to the Commission using the most recent Construction General
Permit Inspection Report Template format.
In particular the Commission and/or Department of Municipal Inspections shall make an inspection to confirm removal of
unsuitable soils prior to construction of drainage.
SC 2. Bi-annual sweeping of the parking lots areas shall be carried out to ensure adequate TSS removal rates are
achieved.
SC 3. The owner shall provide quarterly inspections of catch basins and retain records to identify the depth of sediment
below the outlet pipe. Based on those results, the owner shall clean the catch basins upon 50% sediment depth or once
every two years, whichever occurs first.
SC4. The rain garden is denoted on Site Plan dated 5.10.2022 as 'proposed bayberry and winterberry in retention area'.
No mulch will be used in the rain garden, it will instead be seeded with the New England Wildflower seed mix denoted on
the same Site Plan dated 5.10.2022.
Page 5A of 7
og.Y Town of Yarmouth Stormwater By-Law Chapter 145
Yarmouth File Number:
Stormwater Management Permit SVV2022001
E. Issuance
This Permit is valid for three years, unless otherwise specified as a special O 1 toZ
condition pursuant to General Conditions#4, from the date of issuance. 1. Date o Issuance
Please indicate the number of members who will sign this form: 1
This Permit must be signed by a majority of the Conservation Commission. 2. Number of Signers
The Permit must be mailed by certified mail (return receipt requested) or hand delivered to the applicant and
the property owner, if different from applicant.
Signatures:
40ACL . ,a)
• `nThis Permit is issued to the applicant as follows:
I=1 by hand delivery on El by certified mail, return receipt requested,
on 1l7_02_
Date Date
Section F, Recording Information is available on the following page.
Page 6 of 7
o1-Y.4 Town of Yarmouth Stormwater By-Law Chapter 145
1Yarmouth File Number:
o; z c Stormwater Management Permit
"��" SW2022-001
yn .
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:
150 South Street SW2022-001
Project Location Permit Number
Has been recorded at the Registry of Deeds of:
Barnstable
County Book Page
for:
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
Page 7 of 7