HomeMy WebLinkAbout1999-09-21 Application for Modification & Sewer Permit I,o
Application for Modification
(MGL c.41, §81W)
3
Applicant: Mesiti-Moore's Falls, LLC
11 Old Boston Road
Tewksbury, MA 01876
Property: Forest View Subdivision, located off Turnpike Street, North Andover, MA (91
single family residential lots, 1 playground lot, and roadways, all as shown on
the Approved Definitive Subdivision Plan)
Original
Approval: Planning Board Conditional Approval dated April 13, 1998
Application is hereby made to the North Andover Planning Board, pursuant to MGL c.41,
§81W, to modify one condition as set forth in the Original Approval dated April 13, 1998,
namely:
to amend Condition 5(b) of the Definitive Subdivision Plan
Approval for Forest View Subdivision dated April 13, 1998 to
allow (once the requirements Condition 5(c) have been met with
respect to the off-site sewer in Route 114) to begin Site Work
within the Subdivision.
The reasons supporting this Application for Modification are set forth on Exhibit A attached
hereto.
Signed as of the 16th of February, 1999.
Applicant:
Mesiti-Moore's Falls, LLC
by its Attorneys
Devine, Millimet & Branch, P.A.
By:
;Aoberh�V-Lavoie, Esq.
G:\REAL,FS'nMESITI\FORSTVW.APP
I
ATTACHED SHEET TO ACCOMPANY
APPLICATION FOR MODIFICATION OF CONDITION 5(b)
A. Background
1. By Decision dated April 13, 1998, the Planning Board granted Conditional Approval for
Forest View Estates Definitive Subdivision. The Notice of Decision, and the 11 page
attachment containing findings and conditions, was filed with the North Andover Town
Clerk on April 13, 1998.
2. The Approval contains a Section 5, which currently states the following:
5) Prior to ANY WORK ON THE SITE,
b) "the Rt. 114 Sewer Line and all necessary appurtenances must be constructed in
accordance with the approved plans, Department of Public Works requirements and the
Planning Board Consultant Engineer review."
3. At the time that Condition 5(b) was written, the construction design and sequencing of
the off-site sewer and Rt. 114 was substantially complete, but was not completely
finalized; in addition DEP had not yet issued a Conditional Sewer Extension Permit for
the off-site sewer.
On November 18, 1998, DEP issued the Conditional Sewer Extension Permit attached
hereto as Exhibit A. In addition, final design plans and sequencing of construction have
advanced to the point that the Applicant, the Town and the Department of Public Works
have reached consensus on the appropriate sequencing of construction activities; see
November 10, 1998 DPW letter attached hereto as Exhibit B.
4. If Condition 5(b) were to be left unmodified, the requirement that the off-site sewer
construction be completed before any site work could be commenced would work a
severe hardship on the Applicant and would be an unnecessary restriction on the
Applicant's construction activities.
B. Requested Modification
5. The Applicant suggests that a more appropriate statement of the Town's reasonable
requirements would be that Site Work not begin before the Applicant is authorized to
begin work on the off-site sewer in Rt. 114 under Condition 5(c). (It should be recalled
that Condition 4(f) already requires a Site Opening Bond in the amount of$15,000.00 be
posted to cover any contingencies that might affect the public welfare such as site
I
opening, clearing, erosion control and performance of any other Condition contained in
the Approval, prior to the posting of the Roadway Bond as described in Conditions 60)).
6. Consequently, it is hereby respectfully requested that the following Modification to
Condition 5(b) of the Approval be approved by the Planning Board:
Replace existing Condition 5(b)with the following:
5) PRIOR TO ANY WORK ON THE SITE,
b) the Applicant must have complied with the requirements of Condition 5(c) so as
to be authorized to begin work on the off-site sewer in Rt. 114. Once the Permits and
the Performance Bond Agreement set forth below in Sub-section 5(c) have been
issued, the Applicant will be allowed (subject to all other applicable requirements)
to begin Site Work associated with Phase I of the Subdivision.
G:\REAL-EST\ME S ITI\MOORE'S.FLL\MODIF ICA.ADD
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
ARGEO PAUL CELLUCCI TRUDY COXE
Governor Secretary
DAVID B. STRUHS
Commissioner
Kenneth Grandstaff November 18 , 1998
Mesiti Devlpmt . Corp.
11 Old Boston Road
Tewksbury, MA 01876
Sewer System Connection/Extension Permit No. 125386
Dear Mr. Grandstaff :
In response to your application for a sewer connection/
extension permit to discharge into the sewer system at Amberville
Rd. , Palomino Dr. and Salem Turnpike (Route 114) in North Andover,
Massachusetts, and after due public notice, I hereby issue the
attached final permit .
No comments objecting to the issuance or terms of the permit
were received by the Department during the public comment period.
Therefore, in accordance with 314 CMR 2 . 08, the permit becomes
effective upon issuance .
This Permit is an action of the Department . If you are
aggrieved by this action, you may request an adjudicatory hearing.
A Notice of Claim for an Adjudicatory Hearing must be made in
writing and postmarked within thirty (30) days of the date this
permit was issued. Pursuant to 310 CMR 1 . 01 (6) , the Notice of
Claim shall state clearly and concisely the facts which are grounds
for the proceeding and the relief sought .
The Notice of Claim, along with a valid check payable to the
Commonwealth of Massachusetts in the amount of one hundred dollars
($100 . 00) , must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P .O. Box 4062
Boston, MA 02211
The Notice will be dismissed if the filing fee is not paid,
unless the appellant is exempt or granted a waiver as described in
310 CMR 4 . 00 .
205a Lowell St 0 Wilmington,Massachusetts 01887 • FAX (978) 661-7615 0 Telephone (978) 661-7600 0 TDD#(978)661-7679
-2-
If you have any questions regarding this matter, please
contact Ralph Lizio at (978) 661-7600 .
Since y,
ohn a 'ac
Bureau of Resource Protection
JZ/RL
Enclosure
CC : J. William Hmurciak, Acting Director of Public Works, 384
Osgood Street , North Andover, MA 01845
t tt
314 CMR: Division of Water Pollution Control
one Winter Street
Boston, MA 02108
7.2 0: PERMIT NO:
APPLICATION FOR PERMIT TOWN: &Oe vE�
FOR For issuing office
SEWER SYSTEM EXTENSION OR CONNECTION use only:
INSTRUCTIONS
The application should be signed by the appropriate municipal
official , and submitted in triplicate, with the original and one
copy to the Division's Boston Office and one copy to the
appropriate regional office. The signature of the design engineer
or other agent will be-accepted only if accompanied by a letter of
authorization.
If connection is to be made to the MWRA sewerage system, indicate
"MWRA" in item 11.
If the project includes sewers, pumping stations, force mains, or
syphons , construction plans must be submitted with the application.
If additional space is required to properly answer any questions,
please attach additional sheets ,and refer to the attachments in the
space provided.
(1) Name and Address of Applicant:- Mesiti Development Corporation
11 Old Boston Road
Tewksbury, MA 01876
Telephone (978) 851-9395
(Z) Name of . Sewer System Owner: Town of :Ndrth Andover
(Municipality or Sewer District)
Sewer
(Department)
(3) Type of Project: �SPC*PY Fxi-PnGi nn
(Sewer Extension or Sewer Connection)
(4) Number of Residences to be 98 (Forest VievEstates)
'served: Route 114)
(5) Number of Bedrooms : 306*
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Sewer Connections
*Based on three.:bedrooms per residence.
314 CMR: DIVISION OF WATER POLLUTION CONTROL
(6) . Other establishments to be served: None
(a) Name Address Type of Establishment Design Flow
(b)
(c)
(d)
(7) Design Flow-Gallons Per Day: (average) - See Attachment "A"
Sewage 39,270
Industrial Wastes -0-
Tota l 39,270
(o) Location, Length, Size and Capacity of Sewers to be Connected
to the existing system: (Attach sketch)
(a) See attached Drawings and Attachment ."A".
Name of Street Length of Sewer Size of Sewer Flow Full
Capacity
(b)
(c)
(d)
(5) Location, Size and Capacity of Pumping Stations to be
%/ Connected to the existing system:
(a) Foirest .View Estates Pumping Station (PS #2) , 2 Pumps, 40 hp, 650 gpm
Pump Station Location Number of Pumps Pump Size Pump Capacity
(b) . Boston .Hill Pumping Station (PS f1) , 2 Pumps, 50 hp, -750 gpm
12/31/86 Page 2 of 7
Sewer Connections
314 CMR: DIVISION OF WATER POLLUTION CONTROL
(10) General Description of Sewers and .Pump Stations within the
existing sewer system which will transport the flow from the
proposed sewer extension of connection to the receiving
Wastewater Treatment Facility:
Flow from the proposed subdivision will be conveyed to the Forest View
Estates PS (650 gpm, 0.936 mgd) which will pump through an 8-in force
main to the proposed Boston Hill PS (to be constructed under this project
abut..will add only minimal .new flow) . The Boston Hill PS will pump through
an 8-in-force main to the..existing .15-in gravity sewer at Hillside Avenue.
All flow will then be conveyed through the North Andover collet s aystem
for treatment at the GLSD. wastewater treatment plant.
(11) Receiving Wastewater Treatment Facility:
Greater Lawrence Sanitary District
Name:
Average Daily Flow: 32 Million. Gallons Per Day ..
Design Flow: 52 Million Gallons Per Day
(12) Does the discharge contain any industrial waste?
Yes No X
If yes, list any pollutants which you know or have reason to
believe are discharged or may be discharged. For every
pollutant you list, please indicate its approximate
concentration in the discharge and any analytical data in your
possession which will support your statement. Additional
wastewater analysis may -be required as part of this
application.
(13) Does the discharge contain any industrial waste containing
substances or materials which could harm the sewers,
wastewater treatment process, or equipment; have an adverse
effect on the receiving water; or could otherwise endanger
life, limb, public property, or constitute a nuisance?
Yes
No X
(14) Do the wastewaters receive any pretreatment prior to
discharge?
Yes
No X
12/31/86 Page 3 of 7
Sewer Connections
r
314 CMR: DIVISION OF WATER POLLUTION CONTROL
(15) List, in descending order of significance, the four (4) digit
standard industrial classification (SIC) Codes which best
describe the facility producing the discharge in terms -of the
principal products for services provided. Also, specify each
classification in words.
SIC CODE SPECIFY
A. N/A
B.
C.
D.
(16) Is the Proposed Discharge Consistent with Existing Sewer Use
Regulations :
YES : X NO:
(17) Is there a site of historic or archeological significance, as
defined in regulations ' of the Massachusetts Historical
Commission, 950 CMR 71. 00, which is in the area affected.. by
the proposed extension or connection?
X
YES : NO:
( 18) Does this project require a filing under 301 CMR 11. 00, the
Massachusetts Environmental Policy Act?
YES : X NO:
If yes , Has a Filing been' Made?
YES: X NO:
(191) Name and Address of Massachusetts 'Registered Professional
Engineer Designing the Proposed System:
Roger Norton, P.E. , Camp Dresser & .McKee Inc.
Name
Ten Cambridge Center
Address
. .Cambridge MA 02142
City State Zip
(617) 252-8000. . 37202.
Telephone Mass . P. E. Number
12/31/86 _- Page 4 of 7
Sewer Connections
314 CMR: DIVISION OF WATER POLLUTION CONTROL
(20) Certification
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel- properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to
the best of my knowledge . and belief, true accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of
fine and imprisonment of knowing violations. " (I will be
responsible for publication of public notice of the applicable
permit proceedings identified under 314 CMR 2 . 06 (1) (a) through
(d) . )
Richard Pelletier,__Mes.iti. Development Corporation .
�Pri ted Name .o lica t Title
i '7 9
Signature of Applicant Date- Signed
Rog r M. Norton, P.E. Project Manager (617) 252-8000
Name of Preparer Title Phone No.
21) General Conditions
(a) All discharge 'authorized herein shall be consistent with the
terms and conditions of this permit and the approved plans and
specifications . The discharge of any wastewater at a level
in excess of .that identified and authorized by this permit
shall constitute a violation of the terms and conditions of
"this permit. Such a violation may result in the imposition of
civil and/or criminal penalties as provided for in Section 42
of the State Act.
(b) After notice and opportunity for a hearing, this permit may be
modified, suspended, or revoked in whole or in part during its
term for cause including, but not limited to, the following:
1. Violation of any terms or conditions of the permit;
2 . Obtaining a permit by misrepresentation or failure to disclose
fully all relevant facts; and
3 . A change in conditions or the existence of a condition which
requires either a temporary or permanent reduction or
elimination of the authorized discharge.
01/05/90 Page 5 of 7
Sewer Connections
314 CMR: DIVISION OF WATER POLLUTION CONTROL
(c) In the event of any change in control or ownership of
facilities from which the authorized discharges originate, the
permittee shall notify the succeeding owner or operator of the
existence of this permit by letter, a copy of which shall be
forwarded to the Director. Succeeding owners or operators
shall be bound by all the conditions of this permit, unless
and until a new or modified permit is obtained.
(d) The issuance of this permit does not convey any property
rights in either real or personal property, or any exclusive
privileges ; nor does it authorize or relieve the permittee of
any liability for any injury to private property or any
invasion of personal rights; nor any infringement of Federal,
State, or local laws or regulations; nor does it waive the
necessity of obtaining any local assent required by law for
the discharge authorized herein.
(e) The provisions of this permit are severable, and the
invalidity of any condition or subdivision thereof shall not
make void any other condition or subdivision thereof.
(f) All information and data provided by an applicant or a
permittee identifying the nature and frequency of a discharge
shall be available to the public without restriction. All
other information (other than effluent data) which may be
submitted by . an applicant in connection with a permit
application shall also be available to the public unless the
applicant or permittee is able to demonstrate that the
disclosure of such information or particular part thereof to
the general public would divulge methods or processes entitled
to protection as trade secrets in accordance with the
provisions of M.G.L. c. 21, s . 27 (7) . Where the applicant or
permittee is able to so demonstrate, the Director shall treat
the information or the particular part (other than effluent
data) as confidential and not release it to any unauthorized
person. Such information may be divulged to other officers,
employees , or authorized representatives of the Commonwealth
or the United States Government concerned with the protection
of public water or water supplies.
(g) Transfer of Permits
1. Any sewer system extension or connection permit authorizing an
industrial discharge to a sewer system is only valid for the
person to whom it is issued, unless transferred pursuant to
314 CMR 7 . 13 . Such permits shall be automatically transferred
to a new permittee if:•
12/31/86 —- Page 6 of 7
Sewer Connections
314 CMR: DIVISION OF WATER POLLUTION CONTROL
A. The current permittee notifies the Director at least 30
days in advance of the proposed transfer date; and
B. The notice includes a written agreement between the
existing and new permittee containing a specific date for
transfer of permit responsibility, coverage, and
liability between them.
2 . Any sewer system extension or connection permit not subject to
314 CMR 7 . 13 (1) automatically transfers to a subsequent owner,
operator, or occupant.
(22) Special Conditions
N/A
SEE ATTACHED DEP/DWPC SPECIAL CONDITIONS
c -
PPR L R�COMM ED:
Signature and itle of Appropriate �u_niicipal Official (Phone)
J\LTzlliam Hmurciak, Director of Public Works 685-0950
(FOR ISSUING OFFICE USE ONLY)
DATE ISSUED PtZECTC4
ISIOiATER POLLUTION
CONTROL
�0
EFFECTIVE DATE O PERMIT
12/31/86 —- Page 7 of 7
Sewer Connections
Attachment "A"
Mesiti Development Corporation
Forest View Estates Sewers
Route 114 Pumping Stations and Force Mains
Sewer Extension Permit Data
No. of No. of Estimated Pipe Pipe Full flowing
Street Name Houses Bedrooms* F ow** Length Diameter Material pipe capacity
(gpd) (feet) (inches) (MGD)
Rt. 114 (force main) 0 0 0 15,340 8 DI ---------
Rt. 114 (sewer) 4 12 1,540 1,620 12 PVC 2.00
Amberville Rd. 44 132 16,940 2,650 8 PVC 1.04
Palomino Dr. 40 120 15,400 2,050 8 PVC 0.48
Garnet Circle 4 12 1,540 600 8 PVC 0.48
Anvil Circle 10 30 3,850 300 8 PVC 1.06
Totals: 102 306 39,270 22,560
*assumes three bedrooms per house
**assumes 3.5 people per household and 110 gpcd
(22) SPECIAL CONDITIONS PERMIT NO. 125386
1 . This permit authorizes an initial discharge of 8 , 800 gallons
per day from twenty (20) residences . A dry sewer may be
constructed for project completion, but discharge in excess of
8 , 800 gallons per day may not commence until sufficient credit
for the removal of infiltration and inflow has been obtained
from the North Andover "sewer bank" . The construction of the
proposed sewer project shall be completed within five (5) years
of the date of issue of this permit .
2 . The project shall be constructed according to the plans
received by the Department consisting of (51) sheets and
titled as follows :
Title : Forest View Subdivision
LOCATION: Amberville Rd. , Palomino Dr. ,
Salem Turnpike (Route 114)
MUNICIPALITY: North Andover
,APPLICANT: Mesiti Devlpmt . Corp.
ENGINEER: Frank Montero, P.E. #36341
Roger Norton, P.E. #37202
DATE (LAST REVISION) : September 22 , 1998 (1/14/98)
Any deviation from the approved plans shall require review and
approval from the Department .
3 . Any future Sewer Connection that will :
a. discharge 15, 000 gallons or more per day; or
b. include a pump station except those serving
one or more single family dwellings on a single lot; or
Shall be subject to a new and separate sewer connection permit
application as required by 314 CMR 7 . 00 and 310 CMR 4 . 00 .
4 . All engineering design and construction shall insure against
inflow and infiltration of the sewer system.
5 . Manholes shall be inspected for water tightness prior to
placing into service .
6 . Required distances from water mains and service lines shall be
maintained.
7 . Watertight construction methods and materials shall be used
throughout sewer construction.
8 . All necessary Wetland permits shall be obtained before
construction begins .
(22) Special Conditions Cont . PERMIT NO. 125386
9 . Solid, gasketed and lockable manhole covers should be used in
areas designated as a buffer zone of any wetlands or in any
area designated as a 100-year flood plain.
10 . All sewer piping and or structures crossing within the buffer
zone (100 feet) of any wetlands should be built using
watertight construction methods and materials .
11 . All sewer piping and/or structures crossing under or within 100
feet of any surface waterbody of stormwater impoundment should
be built using watertight construction methods and materials .
TOWN OF NORTH ANDOVER, MASSACHUSETTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
J.WILLIAM HMURCIAK, P.E. Telephone(978)685-0950
DIRECTOR Fax(978)688-9573
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November 10, 1998
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Meski-Moore's Falls,LLC
c/o Mesiti Development Corporation
11 Old Boston Road
Tewksbury,MA 01876
Re: Forest View Subdivision and
Off- Site Sewer along;.Route 114,No. Andover
Gentlemen:
This will confirm that the Division of Public Works (DPW)is in receipt of the final
revisions to the Route 114 off-site sewer and pump station plans. The revisions are shown
on Sheet No 16, 18 and 19 of the plans and in Specification Sections 02576, 11304 and
11390. We have completed a final review and hereby approve the plans and specifications
as submitted.
Upon your receipt from the Massachusetts Department of Environmental
Protection(DEP)of your State Sewer Extension Permit, and subject to the following
conditions, this will confirm DPW's authorization to construct the off-site sewer system
along Route 114 in accordance with the Final Plans, and to connect(over time, consistent
with condition(1)below)the 91 house lots in the subdivision known as Forest View to
the North Andover Municipal Sewer System.
(1) The sewer extension will be subject to the policies of the DPW regarding
mitigation of groundwater infiltration and inflow;into the receiving system.
NOTE: This will confirm that Forest View Subdivision is currently on the waiting
list for residential house lots, and that at the present time sufficient flow exists in
our sewer capacity bank to allow, per your request, that 20 house lots in the Forest
View Sub Division be connected to municipal sewer. You may make additional
application for flow,which is currently available, based on our sewer capacity bank
allocation policy.
(2) You execute a DPW Street Opening Permit and Performance Bond Agreement
and provide a surety bond from a licensed surety bond company regarding the
construction of the route 114 sewer line and all necessary appurtenances in
accordance with the Final Plans.
(3) The sewer extension will be subject to the terms and conditions of the DEP
Administrative Consent Order ACO-NE-1004 executed June 8, 1998, and any
amendments there to.
(4) The sewer extension shall be subject to pumping restrictions as outlined in our
conditional approval of the Route 114 Sewer(Item 4) on June 26, 1998.
Given the time of year, the issuance of a DPW Street Opening Permit is not
practical. This will confirm that you may apply for the permit for issuance in the spring of
1999 for the sewer work and subdivision roadways.
Very truly yours,
r �
to v✓
J. William Hmurciak, PE
Director of Public Works
cc: Kathleen Colwell
James Rand
Dennis Bedrosian
Dept.of Public Works Phone 978-685.0950
384 Osgood Street Fax 978-688-9573
North Andover;MA 01845
To: Heidi Griffin,Town Planner
From: Jim Rand,Jr., Dir. of Engineering
CC: Tim Willett, Staff Engineer,
Date: September 22, 1999
Re: Forest View Estates—Pump Station Location
This Department has reviewed the plans for the new location of the Forest View Pumping Station. We
find the new location satisfactory and acceptable to this department. This location also elimanates one
(1) building lot. Our specific comments are as follows:
1. All drop sewer manholes must be five-(5)foot diameter.
2. All drops must be inside drops, standard detail needs to be submitted.
3. We would prefer if lot 2 was eliminated and became part of the open area with a utility easement
to the DPW. This could be achieved with a "Form A" plan showing the elimination of both the
Northerly and Easterly property lines of lot 2.This would also increase the open area.
4. We reserve the right to alter and or amend the planting/screening in the field if conditions warrant,
Thank you for your consideration in this matter.
MEMOHEI0107
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