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HomeMy WebLinkAboutStormwater permit recordedBk 35830 Pg234 #22841 06-08-2023 @ 02:18p Town of Yarmouth Stormwater By -Law Chapter 145 Yarmouth File Number: 2 Stormwater Management Permit SW2023.003 A. General Information Important: Yarmouth t From When filling Conservation Commission out forms on 2. To; the computer, Applicant use only the Jason tab key to a First Name move your cursor - do Eversource Energy, Inc. not use the c. Organization return key, _ � 247 Station Drive d. Mailing Address Westwood e City/Town _ awa 3. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address St. Martin b. Last Name Ma f. State b. Last Name 02090 g. Zip Code e. City/Town f State g. Zip Code 4 Project Location: 484 Willow Street Yarmouth a. Street Address b. City/Town 73 10.1.1 & 11 Ao5esse►-{44apPIEtf P}Urnti?1 fl—Rd�2P,l/�Ei%�kift o2 41.675687 70,263458 Latitude and Longitude, if known; e. Latitude f. Longitude 5. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable 62655 and 64491 a. County b. Certificate Number (if registered land) 2087 331 c. Book d. Page February 28, 2023 May 18, 2023 May 22, 2023 6. Dates: a. Dale 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): 484 Willow Street Stormwater Management Permit application, site plans, operation and maintenance plan, and narrative Shive Hattery Emily Williamson, PE b. Prepared By c. Signed and Stamped by May 1 and 2, 2023 d. Final Revision Date e. Scale Eversource ERP staging yard stormwater pollution prevention plan -Tighe & January 2023 _ Bond g. Dale i- P.dditional Plan or Document Title Page 1of7 Bk 35830 Pg235 #22841 Town of Yarmouth Stormwater By -Law Chapter 145 Yarmouth File Number: �r Stormwater Management Permit SW2023-003 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 Bk 35830 Pg236 #22841 Town of Yarmouth Stormwater By -Law Chapter 145 Yarmouth File Number: F Stormwater Management Permit S W2023-003 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, & 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 "on�missinn__The_�rnmissiQri_wilLdeterinine3hssignitiraf.ice�f� rh��n�and_determic��nrhetize�:— 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 meeting shall be arranged by the Applicant, the Applicant's technical representative, the general contractor or any other person with authority to make changes to the project 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 Bk 35830 Pg237 #22841 ; Town of Yarmouth Stormwater By -Law Chapter 145 Yarmouth File Number: Stormwater Management Permit SW2023-003 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 p7ns� �pproveci 6y the issuing In —and have -been inspecfed 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 ("08M 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 Bk 35830 Pg238 #22841 Town of Yarmouth Stormwater By -Law Chapter 145 Stormwater Management Permit SW2023-003, 484 Willow Street, Yarmouth Special Conditions: 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. Bi-annual sweeping of the parking lots areas shall be carried out to ensure adequate TSS removal rates are achieved. 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. Page 5A of 7 Bk 35830 Pg239 #22841 ►h . Town of Yarmouth Stormwater By -Law Chapter 145 Yarmouth File Number � Stormwater Management Permit cIA11001_nn,2 E. Issuance This Permit is valid for three years, unless otherwise specified as a special '5� 2I 12G Z condition pursuant to General Conditions #4, from the date of issuance. 1 Date of Issuance Please indicate the number of members who will sign this form: 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: This Permit is issued to the applicant as follows: ❑ by hand delivery on Date ❑ by certified mail, return receipt requested, on Date Section F, Recording Information is available on the following page. Page 6 of 7 Bk 35830 Pg240 #22841 Town of Yarmouth Stormwater By -Law Chapter 145 Yarmouth File Number- Stormwater Management Permit SW2023-003 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: 484 Willow street Project Location Has been recorded at the Registry of Deeds of Barnstable County for: SW2023-003 Permit Number Book Property Owner andtas heen-nated in-the-r;fTain ftittR'ofth� affected-property-tn-,. Book In accordance with the Permit issued on: Date Page 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 Page 7 of 7 JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY