Public Service Committee

PRESIDENT Elizabeth J. Kazinskas CITY OF GARDNER COUNCILLORS AT LARGE MASSACHUSETTS 01440-2630 James S. Boone Craig R. Cormier OFFICE OF THE Ronald F. Cormier CITY COUNCIL Elizabeth J. Kazinskas Judy A. Mack George C. Tyros WARD 1 COUNCILLOR James M. Walsh, Esq. WARD 2 COUNCILLOR Dana M. Heath WARD 3 COUNCILLOR Nathan R. Boudreau WARD 4 COUNCILLOR March 27, 2023 Karen G. Hardern WARD 5 COUNCILLOR Alek Dernalowicz, Esq. PUBLIC SERVICE COMMITTEE MEETING Date: Thursday, March 30, 2023 Time: 8:00 a.m. Location: DPW Office 50 Manca Drive ANNOUNCEMENT - Any person may make a video or audio recording of an open session of a meeting, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. Any person intending to make such recording shall notify the Chair forthwith. All Documents referenced or used during the meeting must be submitted in duplicate to the Clerk of the Committee, pursuant to the Open Meeting and Public Records Law. All documents shall become part of the official record of the meeting. AGENDA AMENDED I. Appeal – 20 Graham Street II. Pole Petition 10909 – A Petition by National Grid and Verizon New England, Inc. – Cross Street – to install 4 jointly owned poles on Cross Street beginning at a point approximately 15 feet north of the centerline of the intersection of Lawrence Street and Cross Street and continuing approximately 800 feet in a west direction. Install 4 new poles on Cross Street. (In the City Council and Referred to Public Service 2/21/2023; Public Hearing 3/6/2023; More Time 3/6/2023, 3/20/2023) III. 10946 – A Measure Authorizing an Intermunicipal Agreement between City of Gardner and Town of Ashburnham for Wastewater Collection, Treatment and Disposal. (In the City Council and Referred to Finance and Service Committee 3/20/2023) IV. Review and Approval of Minutes for prior meetings dated February 2nd, 2023. V. Watershed Lands  VI. Department Updates • Public Works/Sewer/Water – Dane Arnold, DPW Director • Survey/Engineering – Rob Oliva, City Engineer • Conservation Commission – Sophie Dorow, Conservation and Planning Agent VII. Councillor Requests VIII. Adjournment NOTICE: The listing of Agenda items are those reasonably anticipated by the Chairman which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. CITY COUNCIL OF GARDNER James M. Walsh, Esq. Councilor James M. Walsh, Esq. Chairman, Public Service Committee  10909 Gardner 24639352 4 Cross St 15 North Lawrence St and Cross St 800' West Install 4 new poles on Cross St Rob Proude 11/02/2022 10909 N 1 of 2 10909 N 2 of 2  10907; 10908; 10909 ENGINEERING DEPARTMENT CITY OF GARDNER 50 Manca Drive, Gardner MA 01440 Robert E. Oliva, City Engineer Telephone (978) 630-8195 roliva@gardner-ma.gov PROJECT REVIEW MEMORANDUM To: Public Service Committee Cc: Dane Arnold, DPW Director Christine Harty, DPW Administrative Asst. Titi Siriphan, City Clerk From: Robert Oliva – City Engineer Date: February 28, 2023 Project: National Grid City Council Pole Petitions National Grid has submitted three petitions for new poles or underground conduit at multiple locations. I have inspected the proposed locations, reviewed the petition applications, and offer the following comments below in italics. At the time of inspection, the proposed pole locations were not marked by a stake. Council Item # Comment 10907 To install 2-3” conduits from existing pole #6 on Edgell Street to a new handhole located on private property at #69 Edgell Street. No comment 10908 To relocate existing pole #8 on Edgell Street, 45’ east of its current location. No comment 10909 To install 4 new poles on Cross Street. As shown on the included sketches, new poles 24-51, 28-1, and 28-2 will likely include installation of new overhead wires from existing poles. The petition does not include any description of the locations of new overhead wires. All proposed overhead wire locations should be shown for approval.  10909 CITY OF GARDNER MASSACHUSETTS 01440-2630 OFFICE OF THE CITY CLERK Room 121, City Hall Tel (978) 630-4058 Fax (978) 630-2589 NOTICE TO ABUTTERS February 23, 2023 TO ABUTTERS AND OTHER INTERESTED PARTIES: Pursuant to the provisions of M.G.L., c. 166, §22, you are hereby notified that a Public Hearing will be conducted on MONDAY, MARCH 6, 2023 at 7:30 o'clock P.M. on the petition of Massachusetts Electric Company, d/b/a NATIONAL GRID and VERIZON NEW ENGLAND, INC. for permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures to be owned by the petitioner, along and across the following public way: CROSS STREET – A Petition by National Grid and Verizon New England, Inc. – to install 4 jointly owned poles on Cross Street beginning at a point approximately 15 feet north of the centerline of the intersection of Lawrence Street and Cross Street and continuing approximately 800 feet in a west direction. Install 4 new poles on Cross Street. A sketch of the proposed pole location is attached for your edification. CITY COUNCIL OF GARDNER By: TITI SIRIPHAN City Clerk 10909 10909 10909 10909 10909  10946 City of Gardner - Executive Department Mayor Michael J. Nicholson March 3, 2023 Hon. Elizabeth J. Kazinskas, Council President And City Councilors Gardner City Hall, Rm 121 95 Pleasant St Gardner, MA 0 1440 RE: Authorization for an Intermunicipal Agreement for Sewer Services with the Town of Ashburnham Dear Madam President and Councilors, The City of Gardner currently provides wastewater collection, treatment, and disposal services for the Towns of Ashburnham and Templeton. Attached, please find an intermunicipal agreement to continue these services between the City of Gardner and the Town of Ashburnham. I respectfully request that the City Council vote to authorize the Administration to enter into this agreement. If authorized, the City would then send this document to the Town of Ashburnham for their Select Board to review and authorize for signature by their Town Administrator. Respectfully Submitted, �� Michael J. Nicholson Mayor, City of Gardner 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946 10946  REGULAR MEETING PUBLIC SERVICE COMMITTEE of February 2, 2023 Meeting of the Public Service Committee was held in the office of the DPW, 50 Manca Drive at 8:00 AM on February 2, 2023. Members Present: Councilor James M. Walsh, Chairman; Councilor Alek Dernalowicz; Councilor George C. Tyros; Administrative Assistant Christine Harty Attendees: Dane E. Arnold, DPW Director; Rob Oliva, City Engineer CALL TO ORDER Councilor James M. Walsh called the meeting to order at 8:00 am. OPEN MEETING RECORDING ANNOUNCEMENT – any person may make a video or audio recording of an open session of a meeting, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. Any person intending to make such recording shall notify the chair forthwith. All documents referenced or used during the meeting must be submitted in duplicate to Secretary of the Committee, pursuant to the Open Meeting and Public Records Law. All documents shall become part of the official record of the meeting. ABATEMENTS WATER/SEWER 25 Main Street: Property suffered a water break on Christmas Eve. Dino D’ Antonio is present representing property owner, Millennium Holding Group LLC. States building is empty, only a boiler is currently running. Had checked property on Friday, all looked good. Returned on Monday to find property was flooded (all four floors to basement), shutoff had froze and blew out. Water Department upon inspection found an additional meter in the building that is inaccessible, had been estimated for years (stated vacant/not used). In addition, the meter found would not meter the water loss, not tied into that line. However, the meter that was reading and tied into line with break, did not register any excessive water usage indicative of this leak, that meter has been replaced. In addition, prior billing period indicated double the usage (prior to reported break). Dane makes recommendation, has provided owner with new meter, suggest wait until meter replacement is completed at location and revisit abatement/metered usage. Decision by Committee to table abatement until meter replacement is complete allowing for additional information regarding metered usage at location. ACCEPTANCE OF MINUTES Motion to accept the minutes of the meeting dated December 1st & 15th, 2022, as written. Motion made to accept minutes by Councilor George C. Tyros, second by Councilor Alek Dernalowicz, all in favor motion carries. REPORTS FROM DEPARTMENT HEADS Dane Arnold: • Skating rink has installed, currently weather is creating issue. • Snow & Ice Account at a deficit. This winter with more ice conditions than ever, salt use is high. States current vendor is wonderful to work with, product is received in timely manner. • Snow removal to begin downtown and South Gardner this evening. Indicates cars parked on streets during parking ban in town have proven to be issue. • Budget due February 15th, asked to be level funded. Compiling projects and wish lists, in the works. • Have heard verbally received the million-dollar plus grant for transmission line. Do not know as of yet how to obtain funds. Unsure of details currently. May need to approach council for matching funds. • Long Island Sound Grant for wastewater. Were told not qualified, but applied with EPA, to receive a 1.4 million dollar grant. • Leachate pump station needs to be replaced and upgraded for the current and new landfill expansion. Takes flow from landfill and sludge landfill. Is a mile and half force main that pumps to gravity system on West Street. • Dyer Street sewer line, televised 20,000 feet of line, found section leaking, working on in-house design no estimated cost yet. Looking to get out to bid over summer, likely to be over 50K. • Once televised, found cracks, and need for sewer relining. Looking at approx. 125K throughout City. • Have 25K in funding for disk golf around Pearly Brook. • OC playground wooden structure is beyond its life. Looking to be about 125K for in-house removal, prep site & have company come in to do installation. • Pickle ball court at the Oliva Case playground. Will be new construction/small court. • Pursing new salt shed installation. Meeting now with Clear Span (under state contract) regarding dome fabric structure • Looking into sign shop expansion over bays at DPW garage. Space currently used for storage. Lines and sign department has grown over the years. Department is involved in much throughout the City. • Working DEP to do a chlorine refresh. Increase chlorine level within City, will clean up pipes. A common practice to follow installation of new water pipes. Some practice refreshes yearly. • Paving – handout. City broken down with severity & cost of repair. Has not been re-evaluated since last year. Some likely to be in worse condition. To pave worst of City would be approx. 3.3 million. To pave the worst two groups, likely be 10 million. Receive about 600 million yearly from City and another 100 in WRAP funds. We become further and further behind each year. To pave entire City would be approximately 40 million. • Found & purchased a used sidewalk tractor for 29,000, in great condition. New would cost 160,000. • Each year must adjust Veolia contract based on CPI value. This year the CPI is 8.1%. Was a 121,000 increase to the contact, carried through lifetime of contract. Dane notes, has added 3% increase for projection. This increase hit the water/sewer rates hard. Councilor Walsh inquires, anything the Committee can do to help with any of these discussed topics/projects? Dane, would be good to review with Committee draft budget prior to submitting. Rob Oliva: • Uptown Rotary. Appraisals completed, letters out. On agenda for Council meeting for order of takings. • Crystal Lake Spillway. Fuss and O’Neill Inc. under contract now for feasibility study. Underway now. • Pedestrian bridge over Route 140 for bike trail is approaching the final 25% for Mass DOT. Once complete will have a design public hearing sometime in April. • Sludge landfill, meeting with MEPA to discuss abutters situation. Many comments and questions, is an ongoing process with many moving parts. Next step is for MEPA to make decision if project should be subject to submitting an environmental impact report. City will be notified if EIR is requited. If required could add months to project. • Mill Street bridge, future project. Is in poor condition according to the MA DEP. Would like to obtain consultant to review what to do. Move forward to tip list to meet with designer. At some point will include with budget in Engineering Department. • Route 2A/Route 68 intersection. Has issue with land takings. Would like to move to tip list. Intersection is problem with truck turning. Need to review geometry of intersection (lights, pedestrian crossing, etc.). Plans not to 25% but would like to proceed. Sophie Dorow: Responded by email stating her only updates are related to projects within City Engineering Department. REPORTS AND REQUESTS FROM COUNCILORS Councilor Alek Dernalowicz: No requests today. Councilor George C. Tyros: No requests today. Councilor James Walsh: No requests today. Motion to adjourn, Motion made by Councilor George Tyros, second by Councilor Alex Dernalowicz to Adjourn the meeting at 9:08 am. Roll Call vote: Councilor Alek Dernalowicz yes, Councilor George C. Tyros yes, Councilor James Walsh yes. Motion Passes. Next meeting scheduled as needed. All documents submitted at this meeting are stored in the office of the DPW, 50 Manca Drive, for any review. Respectfully submitted: Christine M. Harty, Administrative Assistant  Select Language ​▼ City of Gardner, MA Wednesday, March 29, 2023 Chapter 632. Watershed Lands [HISTORY: Adopted by the City Council of the City of Gardner 11-16-1981 by Ord. No. 761. Amendments noted where applicable.] § 632-1. Purpose. The purpose of this chapter is to promote and preserve the health and safety of the inhabitants of the City of Gardner by regulating and restricting the use and control of watershed lands as hereinafter defined. § 632-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: OIL STORAGE TANKS Tanks, drums or other devices used for the storage of any petroleum-based product. WATERSHED LANDS Those areas of land that lie adjacent to the City water supply sources, including but not limited to Crystal Lake, Perley Brook Reservoir and Marm John's Pond, as located and bounded as shown on map of the City of Gardner watershed as updated and on file in the office of the City Engineer. Said map and explanatory matter thereon are hereby made part of this chapter. § 632-3. Sale of City-owned watershed land. The City shall not hereinafter be authorized to sell or otherwise dispose of in fee any City-owned watershed lands. § 632-4. Oil storage tanks. [Amended 11-18-2013 by Ord. No. 1563] A. Oil storage tanks presently located on watershed lands shall be regularly inspected by the Director of Public Health for evidence of rupture or spills. B. Any oil storage tanks installed after the adoption of this chapter shall have inspection manholes located outside of and at each end of the tank. The Director of Public Health may also require, in his discretion, additional inspection manholes. Such inspection manholes shall reach the soil level at the bottom of said tanks and shall regularly be inspected by the Director of Public Health. No oil storage tank shall be installed without the plans therefor being previously approved by said Director of Public Health. § 632-5. Sale of timber on City-owned watershed lands. [Amended 11-18-2013 by Ord. No. 1563] All revenues derived from the sale of timber or other resources on City-owned watershed land shall be deposited in the Water Reserve Account; provided, however, that 5% of such revenues each year shall be used for forest conservation purposes, under the direction of the Director of Public Works.  Select Language ​▼ City of Gardner, MA Wednesday, March 29, 2023 Chapter 675. Zoning Article V. Overlay Districts and Planned Unit Developments § 675-550. Surface Water Protection Overlay District. A. Purpose. The purpose of the Surface Water Protection Overlay District is to: (1) Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses; (2) Preserve and protect existing and potential sources of drinking water supplies; (3) Conserve the natural resources of the City; and (4) Prevent temporary and permanent contamination of the environment. B. Authority. The Surface Water Protection Overlay Districts are adopted pursuant to authority provided by MGL c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the commonwealth. C. Definitions. For the purposes of this section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such law or regulation as of the effective date of this section. AUTOMOBILE GRAVEYARD AND JUNKYARD An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in MGL c. 140B, § 1. CMR Code of Massachusetts Regulations. COMMERCIAL FERTILIZER Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c. 128, § 64. DEP Massachusetts Department of Environmental Protection. HAZARDOUS MATERIAL Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners in quantities greater than normal household use, and all substances defined as hazardous or toxic under MGL c. 21C and 21E and 310 CMR 30.00. HAZARDOUS WASTE  Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides. IMPERVIOUS SURFACE Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. LANDFILL A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006. MGL Massachusetts General Laws. NONSANITARY WASTEWATER Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including but not limited to activities specified in the Standard Industrial Classification (SIC) codes set forth in 310 CMR 15.004(6). OPEN DUMP A facility operated or maintained in violation of the Resource Conservation and Recovery Act [42 U.S.C. § 4004(a) and (b)], 42 U.S.C. § 6901 et seq., or state regulations and criteria for solid waste disposal. PETROLEUM PRODUCT Petroleum or petroleum by-product, including but not limited to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including but not limited to liquefied natural gas, propane or butane. POTENTIAL DRINKING WATER SOURCES Areas that could provide significant potable water in the future. RECHARGE AREAS Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP- approved Zone I, Zone II, or Zone III areas. SEPTAGE The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. "Septage" does not include any material that is a hazardous waste as defined by 310 CMR 30.000. SLUDGE The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. "Sludge" does not include grit, screening, or grease and oil which are removed at the headworks of a facility. SURFACE WATER PROTECTION OVERLAY DISTRICT Those land areas designated on a map adopted pursuant to this section that provide recharge to an existing or planned public drinking water supply well. The Surface Water Protection District includes all areas designated as a Zone A and Zone B as approved by the DEP and Zone C+. TREATMENT WORKS Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal. VERY SMALL QUANTITY GENERATOR  Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136. WASTE OIL RETENTION FACILITY A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A. ZONE A The land area between the surface water source and the upper boundary of the bank, and the land area within a 400-foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), and the land area within a 200-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body. ZONE B The land area within 1/2 mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source. ZONE C+ The land area not within Zone A and Zone B delineated on a map titled "City of Gardner Water Supply Protection Districts" prepared by the Engineering Department, dated revised January 5, 2011. D. Establishment of districts. The Surface Water Protection Overlay Districts, which consist of Zone A, Zone B and Zone C+, are herein established as overlay districts. These districts are described on a map titled "City of Gardner Water Supply Protection Districts," prepared for the Gardner Engineering Department, dated revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the Zoning Map of Gardner, Massachusetts, on file in the City Clerk's office. E. Boundary disputes. (1) Resolution of boundary disputes. If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Planning Board as special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation. (2) Burden of proof. The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the district boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer or land surveyor or other qualified expert to determine more accurately the boundaries of the district with respect to individual parcels of land and may charge the owner(s) for the cost of the investigation. (3) Lot divided by district line. Where the boundary line of the Surface Water Protection Overlay District divides a lot or parcel, the requirements established by this section shall apply only to the portion of the lot or parcel located within the district. (4) Amendment of map. Amendments to the map of the Surface Water Protection Overlay District require City Council approval. F. Use regulations. The Surface Water Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this chapter. Within a Surface Water Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Surface Water Protection Overlay District are more stringent. (1) Prohibited uses in Zones A, B and C+. The following uses are prohibited within Zone A, Zone B and Zone C+ of the Surface Water Protection Overlay District:  (a) Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that is subject to MGL c. 21C and 310 CMR 30.000, except for the following: [1] Very small quantity generators, as defined by 310 CMR 30.000; and [2] Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface water. (b) Uncovered or uncontained storage of fertilizers. (c) Uncovered or uncontained storage of road or parking lot de-icing and sanding materials. (d) Storage or disposal of snow or ice, removed from highways and streets, outside of Zone A, that contains de-icing chemicals. (e) Uncovered or uncontained storage of manure. (f) Junk and salvage operations. (g) Aboveground storage of liquid hazardous material, as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows: [1] The storage is incidental to normal household use, outdoor maintenance, or the heating of a structure; use of emergency generators; or a response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); and [2] The storage is either in a container(s) or aboveground tank(s) within a building or outdoors in a covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided that the replacement is performed in accordance with applicable state and local requirements. (h) Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following: [1] The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works; [2] Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with 310 CMR 15.000, the State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On- Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, provided that the facility owner demonstrates to the Department's satisfaction that there are no feasible siting locations outside of Zone A. Any such facility shall be permitted in accordance with 314 CMR 5.00 and shall be required to disinfect the effluent. The Department may also require the facility to provide a higher level of treatment prior to discharge; [3] Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and [4] Discharge by a public water system of waters incidental to water treatment processes. (2) Uses prohibited in Zone A but allowed by special permit in Zone B and C+: (a) Sand and gravel excavation operations; (b) Motor vehicle repair operations; (c) Cemeteries (human and animal) and mausoleums; (d) Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00;  (e) Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater; (f) Commercial outdoor washing of vehicles and commercial car washes; and (g) All underground storage tanks. G. Special permit procedures. (1) Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in this Subsection G are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to surface water quality which would result if the control measures failed. (2) Rules and regulations. The Planning Board may adopt and from time to time amend rules and regulations which shall prescribe the size, form, content, and style of the plans and procedures for submission and approval of such special permit. These rules and regulations shall be filed with the City Clerk. (3) Review by other boards and officials. Whenever an application for a special permit is filed with the Planning Board under this section, said Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing, but in any case, within 35 days of receipt of the reviewing party of all the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. If the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party. (4) Submittals. All applications for special permits shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor: (a) A site plan, submitted on twenty-four-inch-by-thirty-six-inch sheets, on a minimum scale of one-inch equals 40 feet, and prepared by a registered professional engineer and a registered land surveyor. Site plans submitted under this section shall also include the following: [1] All property lines; [2] All adjacent public streets; [3] All existing and proposed buildings, structures, parking areas, and service areas; [4] All facilities for sewage, refuse, and other waste disposal; [5] Facilities for surface water drainage, both temporary and permanent; [6] Future expansion areas; [7] Provisions to prevent contamination of surface water by petroleum products; [8] Drainage recharge features and provisions to prevent loss of recharge; [9] Provisions to prevent soil compaction;  [10] Provisions to prevent seepage from sewer pipes; [11] Location of wetlands, streams, water bodies and floodplain; [12] Existing drainage patterns; [13] Existing woodlands; [14] Areas having slopes exceeding 15%; [15] Areas to be disturbed by construction; [16] Areas where earth and other materials subject to erosion will be temporarily stockpiled; [17] Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district; [18] Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seeding, etc.; [19] Temporary work roads to be used during projects; [20] Location and size of septic system; and [21] Method to contain spillage in fuel filling areas. (b) A storm drainage plan showing: [1] Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow; [2] Discharge peaks and expected velocities at drain or culvert outlets; [3] Conditions above and below outlets and expected flow velocities; [4] Supporting computations for the above; and [5] A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles. (c) A siltation and sedimentation control plan, including: [1] Sediment and erosion control structures such as diversions, waterways, slope stabilization structures, sediment basins, etc., in sufficient detail to implement their installation, together with referred standards for soil erosion and sediment as appropriate, and design calculations as required for each structure; [2] Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards; [3] Schedule or sequence of operation with starting dates for clearing and/or grading, timing for storm drain and culvert installation, duration of exposure of soils and critical area stabilizations, both temporary and permanent. Indicate date when critical areas stabilization, paving, seeding, mulching, or sodding is to be completed; and [4] General notes for sediment control that spell out the procedures for implementing the plan. (d) The technical reference to be used to prepare and review site plans is "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts," United States Department of Agriculture, Soil Conservation Service, Amherst, Massachusetts. Specific guidelines to be used include, but are not limited to: [1] Limit grading to only those areas actively undergoing current construction; [2] The smallest practical area of land should be exposed at one time during development;  [3] Limit the length of time graded areas are exposed; [4] Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days; [5] Retain and protect as much of the natural vegetation as possible; [6] Permanent improvements such as streets, utilities, storm sewers, vegetated waterways, and other features of the development should be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area scheduled for building construction; [7] Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means; [8] Rough-graded rights-of-way awaiting installation of utilities and/or pavement should be protected by the installation of interceptor berms across the right-of-way to reduce the length of slope between berms to not more than 250 feet; and [9] On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters. (e) A narrative statement detailing all the information set forth below, if applicable: [1] A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or de-icing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage and to provide for control of spills. [2] A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage and to provide for control of spills. [3] For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are: [a] In compliance with all applicable federal or state regulations; [b] In compliance with design specifications, as prepared by a registered professional engineer; and [c] Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity. [4] For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious, a system for groundwater recharge must be provided that does not degrade surface water quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. [5] For stockpiling or disposal of snow from outside the district, earthmoving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge of process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on surface water and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields. H. Decision.  (1) Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that: (a) Surface water quality resulting from on-site wastewater disposal or other operations on site shall not fall below the more restrictive of federal or state standards for drinking water or, if existing surface water quality is already below those standards, on-site disposal or operations shall result in no further deterioration; and (b) Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed. (2) Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section. (3) No variance. There shall be no variances granted from the regulations of the Surface Water Protection Overlay District without a written advisory report from the Gardner Board of Health. I. Miscellaneous provisions. (1) Relation to Groundwater Protection Overlay Districts. In those instances where a surface water supply is located near a groundwater well, the Zone A, Zone B and Zone C+ established herein and the Zone II established to protect the wellhead in § 675-520 may overlap one another. In such cases of overlap, the more stringent regulation shall apply. (2) Notice of enforcement. Written notice of any violations of this section shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, City Engineer, Department of Public Works, and the Water Department. (3) Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.