Upton Site Remediation, LLC. 466 Northeast Main Street Site Plan Review Permit Pursuant to Section 9.4 of the Douglas Zoning Bylaws.

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1 I. Owner Information N/A Organization Name P. O. Box 341 Street Address Manchaug City/Town Ronald L. Mathieu Contact Person Additional Address MA State Zip Code Telephone Number Fax Number Address Other Comments II. Applicant Information Organization Name 4 Open Square Way Street Address Holyoke City/Town Telephone Number Fax Number Eugene N. Bernat Contact Person Suite 421 Additional Address MA State Zip Code eugene.bernat@gmail.com Address Upton Site Remediation will be providing construction service to the Owner Other Comments (anatman38@msn.com) III. Site Information 140 Assessors Map Street Address Douglas City/Town 7 Assessors Parcel Also See WCRD Deed Book/Page: / 292 Other Comments Deed Book Additional Address MA State 215 Deed Page Zip Code SPR DECISION.doc Page 1 of 8 Douglas Planning Board

2 IV. Procedural History 1) Application for Site Plan Review was submitted on August 19, 2013 to the Douglas Planning Board ( The Board ) pursuant to Section 9.4 of the Town of Douglas Zoning Bylaw by the above referenced Applicant(s) and Owner(s) identified above. 2) A duly advertised public hearing timely commenced on September 24, 2013 at 8:15 pm and was continued to October 8, 2013; November 12, 2013; December 10, 2013; January 14, 2014 and closed on January 28, 2014 in the Douglas Municipal Center, Community Meeting Room, 29 Depot Street, Douglas, MA. The Applicant cooperated with all procedural requirements for continuances and extensions. 3) The plans and other submission material were reviewed by the Planning Board and the Town Engineer. Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicant, and the comments of the general public, all as made at the Public Hearing. 4) The Applicant was represented by Mr. Eugene Bernat of Upton Site Remediation, LLC. during the hearing regarding this project. 5) Throughout the hearing, the Applicant responded to the Board s concerns by revising the plans and providing additional materials, as requested. V. Findings Based upon the materials and evidence provided during the hearing process, the Board hereby finds the following: 6) The project site is located at, Douglas, MA ( subject property ), which is shown on the Town of Douglas Assessor Map as Map 140 and Parcel 7. 7) The majority of the subject property is located in an Industrial (I) zoning district and the small remainder is in a Village Residential (VR) zoning district, based upon Assessors Mapping, the property has a total lot area of 5.13± acres of land area and ± feet of road frontage on Northeast Main Street. SPR DECISION.doc Page 2 of 8 Douglas Planning Board

3 8) This site plan permit application was accompanied by and augmented by two Plans entitled: Sheet 1: Existing Conditions Earth Work Plan for a Filling Project on Northeast Main Street in Douglas, MA and Sheet 2: Proposed Conditions Earth Work Plan for a Filling Project on Northeast Main Street in Douglas, MA both dated June 25, 2013 and revised through January 10, 2014 and prepared by Allen Engineering, LLC. Civil Engineers and Land Development Consultants, 2 Willowbrook Lane Mendon, MA ) The permit application Project Narrative indicates that the proposed use for the project is as follows: The project involves filling and grading the site to produce the largest possible level area to maximize the value of the property for its zoned use. Current conditions prevent the highest and best use of the property due to its bowl shape and extremely limited area. Approved fill will be accepted and placed from 7AM 5PM Mon- Friday. Soil being delivered to the site will be surplus fill generated by construction projects within economic trucking distance from the site. These construction projects can range from residential construction activity on previously undeveloped sites to large commercial redevelopment projects in cities. To comply with MA DEP regulations and engineering best management practices, surplus soil generated by construction on a previously developed may require environmental testing site to ensure its safe and appropriate disposition. If environmental testing is conducted the soils is classified according to its chemical analysis in relation to MA DEP standards that have been developed for this purpose. These standards are based on scientific risk assessment and background conditions found in virgin soils within the state. Soils that are deemed suitable for use as fill in residential areas, including in proximity to drinking water supplies, are generally classified as RCS 1 soils. However, MA DEP dictates that all classified soil reused as fill must be as clean or cleaner from a chemical analysis perspective than the soil present at the site of reuse. This standard requires that sampling and analysis be done at the receiving site to establish the sitespecific concentrations present. The process of conducting the testing of background conditions and establishing acceptance criterion for the receiving site is referred to as the development of a Soils Management Plan. Under a Soils Management Plan, the analytical information for all classified soils proposed to be reused at a receiving site must be reviewed and approved by a Licensed Site Professional prior to their use. An alternative, DEP approved, soil management approach is to demonstrate that the chemical analysis of the soil to be reused indicates that the soil meets DEP published data of background concentrations present in MA soils. SPR DECISION.doc Page 3 of 8 Douglas Planning Board

4 If RCS 1 soils are to be used at the site, the applicant will engage a Licensed Site Professional to create a site specific Soils Management Plan based upon site specific soil sampling of the site to ensure that all materials delivered to the site are as clean or cleaner than those present at the site, i.e. chemically equivalent to the virgin soil present. The estimated volume of fill required to bring the site to the desired grade is approximately 70,000 cubic yards. The fill will be predominantly delivered by tractor-trailer and tri axle dump trucks. Assuming that the average truck will deliver 28 cubic yards of material, the site will require approximately 2,500 truckloads of material. Assuming the project requires three years to complete and approximately 200 operating days per year the project will require over 4 loads per operating day. As stated previously, supplies of surplus fill that meet the economic criterion of the site will mean that often there will be no truck activity at the site. In our experience high traffic days would have eight trucks delivering material to the site. We estimate that eight trucks will be the maximum number of truck delivering material to the site per day. Some trucks may be able to make multiple deliveries in a given day depending on how close the source surplus fill is. No gravel is to be removed from the site. Gravel will be excavated however for stockpiling and use in the final graded surface of the site. 10) This approval does not relieve the Applicant from complying with or obtaining the appropriate permits for any federal, state and local laws, rules or regulations. VI. Decision/Conditions The Board voted _ to _ to grant a to the Applicant for the subject property, subject to the following conditions: 11) The term Applicant shall refer to the current Applicant(s) and its assignees, successors, affiliates, subsidiaries or any other entity related thereto. Any sale, transfer or assignment of the permit, other than an assignment of the permit to a mortgagee pursuant to financing; and any sale of more than 50% of the assets or interests in the Applicant shall require Board approval, such approval not to be unreasonably withheld. SPR DECISION.doc Page 4 of 8 Douglas Planning Board

5 12) This permit shall expire if construction is not commenced within three years from the date it is filed by the Board with the Town Clerk unless an extension is granted by the Board to a date certain. 13) Prior to the commencement of any activity associated with the approved project, a surety in the amount of $ shall be posted by the Applicant, and approved by the Planning Board for the loaming and seeding (erosion control) of the site. The form of the surety shall be reviewed by Town Counsel prior to Planning Board review. 14) Prior to commencement of any activity associated with the approved project, the Applicant will meet with the Planning Agent to review the proposed construction schedule and activity. The Applicant is encouraged to maintain regular and frequent communication with the Planning Agent in order to ensure a good flow of information. The Applicant is encouraged to communicate changes in activity at the site so the Planning Board is aware of site activity. 15) The Applicant shall ensure safe and convenient vehicular access to the project site during the entire duration of the project. Any Board member or representative shall be permitted access to the project site for the duration of the project provided that notice is given to the site construction foreman upon arrival. 16) The Applicant will utilize the main site access/egress off of Northeast Main Street to access the site. Construction shall not inhibit the normal use of Northeast Main Street. 17) During construction, the Applicant shall maintain all feasible and reasonable means of dust control and shall collect all debris on a daily basis. No construction may occur on Sundays or on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve or Christmas. No construction may begin before 7:00 a.m. nor continue past 5:00 p.m., unless approved in advance by the Board. However, between November 15th and April 1st, equipment may be started at 6:30am but construction may not commence until 7:00am. 18) Noise - The Applicant shall implement measures to ensure that noise does not exceed acceptable levels, as set forth by Federal and State regulatory agencies. The Applicant shall cease any excessively loud activities when directed by the Planning Agent. No excessively loud activities are permitted prior to 8:00 AM or after 4:00 PM. 19) Vibration - The Applicant shall implement the necessary controls to ensure that vibration does not create a nuisance or hazard for property abutters. SPR DECISION.doc Page 5 of 8 Douglas Planning Board

6 20) Traffic - The Applicant shall implement necessary traffic safety controls to ensure a safe and convenient vehicular access in and around the site. Any traffic issues that occur as a result of site operations and construction shall be mitigated immediately, at the expense of the Applicant. Additional traffic mitigation measures may be required as necessary. 21) Complaints All complaints related to the above or otherwise, shall be logged and tracked by the Planning Agent. Complaints will be brought to the attention of the Board, as necessary. Any complaints that are found to be repetitive in nature and continue with no mitigation in the opinion of the Board may constitute a violation of these conditions and may be grounds for a stop order or a partial stop order. 22) Stumps that are encountered/created from site construction activities shall be removed from the ground, and ultimately removed from the site. Burial of any stumps or other wood debris onsite is strictly forbidden. 23) The applicant shall submit to the Planning Board an annual report pertaining to all activities at the facility located at, Douglas, MA. The annual report shall include a summary of all materials deposited at the site indicating their origin, and any/all testing results, as appropriate. The Annual Report shall be prepared and stamped by a Licensed Site Professional (LSP). The LSP shall certify that all material received meets the Massachusetts Department of Envioronmental Protection (DEP) standards for RCS-1 soils. Additionally, an as-built survey shall accompany the annual report showing the status of the grades for the site as well as all stormwater and erosion control measures. The survey plan may be stamped by a Civil Engineer or a Professional Land Surveyor. 24) After facility construction has been completed, but prior to issuance of an occupancy permit, a site walk shall be organized with Town safety personnel to familiarize them with the facility layout and operation. 25) Commercially registered construction vehicles associated with the project are not permitted to utilize Charles Street for travel to and from the site. SPR DECISION.doc Page 6 of 8 Douglas Planning Board

7 X. Record of Vote The members of the Planning Board voted as follows to grant a Site Plan Permit subject to the above-stated terms and conditions: Name Signature In Favor Against Abstain Marks, Ernest Chesebrough, Eben Werme, Robert Zwicker, Michael Sharkey, Tracy Greco, Michael Filed with the Town Clerk on Christine Furno, Town Clerk Eileen Damore, Asst. Town Clerk Copy of Site Plan Permit Mailed to: Mr. Eugene Bernat 4 Open Square Way, Suite 421 Holyoke, MA Mr. Ronald L. Mathieu P.O. Box 341 Manchaug, MA SPR DECISION.doc Page 7 of 8 Douglas Planning Board

8 THE COMMONWEALTH OF MASSACHUSETTS DOUGLAS Planning Board Granting Authority Date: Certificate of Granting of a (General Laws Chapter 40A, Section 11) The Planning Board of the City or Town of Douglas hereby certifies that a Special Permit has been granted to, 4 Open Square Way, Suite 421, Holyoke, MA affecting the rights of the owner with respect to land or buildings at, Douglas, MA (Assessors Map 140, Parcel 7), and the said Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision granting said special permit, and that copies of said decision, and of all plans referred to in its decision, have been filed with the town clerk. The Planning Board also calls to the attention of the Owner or Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town clerk that twenty days have elapsed after the decision has been filed in the office of the town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the Owner or Applicant. Chairman Clerk, 2013 at o'clock and minutes M. Received and entered with the Registry of Deeds in the County of Worcester, Southern District Book Page ATTEST Register of Deeds Notice to be recorded by Land Owner. SPR DECISION.doc Page 8 of 8 Douglas Planning Board