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Home My WebLink About83-1894Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Mass e # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, this Order of Conditions 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 Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. 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 Commiss-ion---------------------------------------------------------------------- --------------------------- To: Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 295 Buck Island Road Project Location Has been recorded at the Registry of Deeds of: Barnstable County for: Property Owner SE83-1994 MassDEP File Number Book Page and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Doe_:1s253P878 09-12-2014 11:29 Document Number BARNSTABLE LAND COURT REGISTRY Signature of Applicant wpaform5.doc • rev. 05/19/2010 Page 12 of 12 939 main street rt 6a yarmouth port mass 02675 structural design land court surveys site planning sewage system designs Inspections permits landscape architecture down cape engineering, ine civil engineers & land surveyors June 5, 2014 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Re: Nolen, Cedar Point Road, Great Island Request for Certificate of Compliance �SEg3" �t3itij� Dear Commission Members: tel. (508) 362-4541 fax (508) 362-9880 Daniel A. Ojala, P.E., P.L.S. Arne H. Ojala P.E., P.L.S. Timothy H. Covell, P.L.S. Andrew R. Garulay, R.L.A. On behalf of our client, we hereby withdraw without prejudice the request for the Certificate of Compliance for the above -referenced site. Thank you. Very truly yours, Daniel A. Ojala, PE, PLS Down Cape Engineering, Inc. Ya��o4 t tI�''•�o hCo"7, ��Ssio� ��tlo n i JUG 03 20 f tel. (508) 362-4541 939 main street rt 6a G fax (508) 362-9880 yarmouth port mass 02675 down cope engineering; inc structural design civil engineers & land surveyors Daniel A. Ojala, P.E., P.L.S. Arne H. Ojala P.E., P.L.S. April 2, 2014 Timothy H. Covell, P.L.S. land court surveys Andrew R. Garulay, R.L.A. Yarmouth Conservation Commission site planning 1146 Route 28 South Yarmouth, MA 02664 sewage system designs Re: SE 83-1894 (Nolen) Dear Commission Members: inspections The Conservation Commission issued an Order of Conditions for the construction of hardscape, plantings, re -location permits of a garage and a re -location of a driveway at 64 White Cedar Road, West Yarmouth on March 71 2011. landscape architecture A site visit was performed on November 20, 2012 to perform the certified plot plan of completed (construction) work and a further site visit was made in January of 2014. This is to certify that the work has been completed in substantial compliance with the approved plan and Order of Conditions. An certified plot plan is enclosed. Thank you for your consideration. Very truly yours, Daniel A. Ojala, PE, PLS Down Cape Engineering, Inc. cc: Malcolm Nolen Patrick Coffey (Pratt Construction) #2 - LOT 57 _ -- -�-_._____ 22 #24 211.84',21 t25F k LOT 58 - 69,057 egft 1.585 Acre EXIST. CONC. TOP SLAB EL.= 17.4' FOUNDATION PLAN PREPARED EXCLUSIVELY FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT, NOT FOR ANY OTHER USE LOCATION #64 WHITE CEDAR ROAD, WEST YARMOUTH SCALE : 1" = 40' DATE : NOV'EMBER 20, 2012 PREPARED FOR: REFERENCE : MAP 9 PARCEL 9 I HEREBY CERTIFY THAT THE STRUCTURE SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. I off 508-362-45419880 fax 508-362- downcape.com down cape endineefiaa, inc, civil engineers land surveyors ------------ 939 Moin Street ( Rte 6A) YARMOUTHPORT MA 02675 DATE SALT MARSH MALCOLM NOLEN -+ jNOFJI v / DANIEL C ; A. OJALA �! No. 408o REG. LAND SURVEYOR DEPARTMENT OF CONSERVATION O y MATTACM ESE 4tOge0.x E0 C, KW J f9iM9&, 9. All filings must be made on Town of Yarmouth forms. All applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. Refer to Meeting Schedule Failure to follow the Administrative Checklist guidelines shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Contact the office if you need assistance. We will be happy to help guide you through the process. S / as Qpfkwtian: y 1 original and 1 copy of the application Written statement from Registered Professional per 310 CMR 10.05(9)(d) V 1pdf of application, written tt n stat m nt, plan/sketch, and othersupporting information emailed to Kmuldoongyarmouth.ma.us V Local filing fee — Refer to fee schedule, Check payable to "Town of Yarmouth" Note: As -built plans may be required Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 A TRANSMITTAL DATE: 05/07/2014 Down Cape Engineering 939 Main Street Yarmouth Port, MA Yarmouth Conservation Re: 97-293 Nolen 64 White Cedar Road West Yarmouth Method of Delivery - Delivered Enclosed - WPA Form 8A - Request for Certificate of Compliance Cc: File Commission Members Letter Foundation Plot Plan dated November 20, 2012 $75.00 Filing Fee Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands r WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. Project Information Important: When filling out 1. This request is being made by: forms on the Malcolm Nolen computer, use Name only the tab keto move 43 Willow Street y your cursor - Mailing Address do not use the Brooklyn NY return key. City/Town State Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: '86f1 Malcolm Nolen Applicant March 7, 2011 Dated Upon completion of the work 3• authorized in an Order of Conditions, the property owner must request a Certificate of 4 Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. The project site is located at: 64 White Cedar Road SE 83-1894 DEP File Number West Yarmouth Street Address City/Town 9 9 Assessors Map/Plat Number Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: DEP File Number: SE 83-1894 Provided by DEP 11201 Zip Code Property Owner (if different) Barnstable County Book Page Doc. # 1,162,485 Certificate (if registered land) 5. This request is for certification that (check one): X❑ the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above -referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above -referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc -- rev. 7113/04 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: 7L-) Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance SE 83-1894 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By -Law, Chapter 143 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? X❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/region/findvour.htm). wpaform8a.doc -- rev. 7/13/04 Page 2 of 2 TREES - Entrance side of House A Juniperus virginiana B Cornus alternifolia C Magnolia x loebneri D Magnolia x loebneri Evodia daniellii Maackia amurensis E Halesia tetraptera F Cercidiphyllum japonicum Gladrastis kentukea Ulmus parvifolia G Metasequoia glyptostroboides Cryptomeria japonica Carpinus betulus ` Fastigiata' H Acer griseum I Stewartia pseudocamillia J Acer palmatum SHRUBS - Entrance side of House 1 Rhododendron 'Cat Album' 2 Viburnum p.t. `Shasta' 3 Myrica pensylvanica 4 Azalea v. x ` Innocense` 5 Pieris japonica 'Dorothy Wyckoff` 6 Clethera alnifolia ` Hummingbird` 7 Fothergilla g. `Mount Airy` 8 Hydrangea paniculata ` Little Lamb' 9 Enkianthus campanuiatus 10 Hydrangea m. `Twist N Shout' 11 Buddleia davidii 12 Heptacodium miconioides 13 Viburnum p.t. 'Summer Snowflake' 14 Clethera alnifolia 'Ruby spice' 15 Kalmia latifolia 'Olympic Fire` 16 Spiraea albiflora 17 Fothergilla gardenii Eastern Redcedar Pagoda Dogwood Loebner Magnolia Loebner Magnolia Korean Evodia Amur Maackia Carolina Silverbell Katsuratree American Yellowwood Chinese or Lacebark Elm Dawn Redwood Japanese Cryptomeria Upright Hornbeam Paperbark Maple Japanese Stewartia Japanese Maple Rhododendron Shasta Doublefile Viburnum Northern Bayberry White Summer Blooming Swamp Azalea Japanese Pieris Hummingbird Summersweet Mount Airy Dwarf Fotherfiila Large Panicle Hydrangea Redvein Enkianthus Lacecap Bigleaf Hydrangea Butterfly Bush Seven -Son Flower Doublefile Viburnum Ruby Spice Summersweet Mountain laurel Japanese White Spirea Dwarf Fotherfilla TREES -Water Side A Amelanchler canadensis Chionanthus virginicus Cornus florida Cornus kousa SHRUBS - Water Side 1 Hamamelis vernalis 2 Myrica pensylvanica 3 Ilex verticillata 4 Rhododendron x ` Innocence' 5 Rhododendron x ` Lemmon Drop` 6 Clethra alnifolia ` Hummingbird` 7 Kerria japonica 8 Clethra alnifolia 'Sixteen Candles` 9 Viburnum p.t ` Mariesii` 10 Pieris x `Browers Beauty` 11 Spiraea albiflora Shadblow Serviceberry White Fringetree Flowering Dogwood Kousa Dogwood Vernal Witchazel Northern Bayberry Winterberry White Summer Blooming Azalea Yellow Summer Blooming Azalea Summersweet Japanese Kerria Summersweet Clethra Doublefile Viburnum Andromeda Japanese White Spirea GRASS - Waterside All existing lawns will be over seeded and replanted . As seen on the plan - Part of the existing lawns will be replanted with a very low maintenance grass variety and the rest will be planted in Native grasses which will be allowed to grow into a meadow. Visually this meadow will blend with the existing marsh grasses. All plantings will take less water and low to no fertilization compared to the existing lawn. LAWN - Includes Entrance side ProScape® Winning Colors A Turf Type Tall Fescue Blend containing four of the best tall fescues on the market: DaVinci, Rembrandt, Monet, and VanGogh. It exhibits excellent Brown patch resistance, drought resistance, heat tolerance, and needs low fertilization, and less mowing. MEADOW Red fescue - Chewings, Hard, and Creeping Bouteloua curtipendula - Sideoats Grama Grass Schizachyrium scoparium - Little Bluestein - Perhaps others or fewer species NATIVE GROUNCOVERS All areas marked with an X on the plan Cinnamon Fern Hayscented Fern Sweet fern Hairy cap Moss Mountain Cranberries Bunchberry Bearberry Wintergreen Osmunda cinnamomea Dennstaedtia punctilobula Comptonia peregrina Polytrichum commune Vaccinium vitus - idea minus Cornus canadensis Arcostaphylos uva-ursi Gaultheria procumbens v Massachusetts Department of Envirgnmental PfVteGtign Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by Mq§QD r; SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, this Order of Conditions 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 Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. 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 Order of Conditions for the Project at: 64 White Cedar Road, West Yarmouth, MA Project Location Has been recorded at the Registry of Deeds of: Barnstable County for: Malcolm Nolen Property Owner SE-83-1894 MassDEP File Number Book Page and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: March 7, 2011 Date If recorded land, the instrument number identifying this transaction is: 1 r 1 b2 s 485 03-22-2011 12 = 28 Instrument Number If registered land, the document number identifying this transaction is: uocument Number Signature of Applicant wpaform5.doc • rev. 05/19/2010 Page 12 of 12 Yarmouth Conservation Ccmr�is"ion MAR 23-1011 e,,\ .=CEIVED S t Massachusetts Department of Environmental Protection 10 Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information Please note: Yarmouth this form has 1. From: Conservation Commissior been modified with added 2. This issuance is for space (check one): accommodate the Registry of Deeds 3. To: Applicant: Requirements Malcolm a. First Name Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town a. ®Order of Conditions b. ❑ Amended Order of Conditions Important: When filling out forms c. Organization on the 43 Willow Street computer, d. Mailing Address use only the tab key to Brooklyn move your e. Citylrown cursor - do not use the 4. Property Owner (if different from applicant): return keys. .LI.. I I a. First Name c. Organization rasa d. Mailing Address e. City/Town 5. Project Location: 64 White Cedar Road a. Street Address 9 c. Assessors Map/Plat Number Latitude and Longitude, if known: Nolen b. Last Name NY f. State b. Last Name f. State West Yarmouth b. City/Town 9 d. Parcel/Lot Number 41 d62m81 s d. Latitude 11201 g. Zip Code g. Zip Code 70d25m48s e. Longitude Page 1 of 12 wpaform5.doc • rev. 0511912010 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE183-1894 WPA Form 5 — Order of Conditions Ma�sDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # LI Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth CiWTTown A. General Information (cont.) s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable LCC 168287, LCP 4075J,i Lot 58 a. County b. Certificate Number (if registered land) c. Book d. Page February 17 2011 March 3, 2011 March 7, 2011 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): cita Plan of 64 White Cedar Road, West Yarmouth a. Plan Title Down Cape Engineering b. Prepared By January 11, 2011 d. Final Revision Date f. Additional Plan or Document Title B. Findings Daniel A Ojala c. Signed and Stamped by 1 inch = 30 feet e. Scale g. Date i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: c ❑ Prevention of a. ❑ Public Water Supply b. ❑ Land Containing Shellfish � Pdllution f. jJ Protection of d. ❑ Private Water Supply e. ❑ Fisheries Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. P Flood Control 2. 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 performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this) Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall �ontrol. Page 2 of 12 wpaform5.doc • rev. 05/19/2010 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE-83-1894 WPA Form 5 - Order of Conditions MagsDEPFile # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eD P Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describ el the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it its necessary is attached to this Order as per 310 CMR 10.05(6)(c). 1 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project 1 35 disturbance and the wetland resource area specified in 310 CMR 10.02Q1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals) Only) Proposed Permitted ProposediI Permitted Resource Area Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies and a. square feet b. square feet c. square fbet d. square feet Waterways e. c/y dredged f. c/y dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square eet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet s. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 9. ❑ Riverfront Area b. total sq. feet � on fnh�l en ft Sq ft within 100 ft d. square feet r• crn lard foot q f. square feet o Cnl inrq foot q Sq ft between 100- 200 ft n cm loro foot square uare feet j Cnl taro foot j. square feet Page 3 of 12 wpaform5.doc • rev. 05/19/2010 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands Sly-83-1894 WPA Form 5 — Order of Conditions MissDEPFile # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a EP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth cil�ylTown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed I Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean 12. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. c/y areagea a. ay areuyeu Indicate size under Coastal Beaches and/or;Coastal Dunes below a. Square Ieel a. square feet a. linear feet a. square feet a. square feet a. square feet D. square rear b. square feet b. linear feet b. square feet b. square feet b. square feet Cu yd c. nourishment Cu )�q c. nourishment c. square felt cu yd d. nourishment cu yd d. nourishment u. Squiam Ieel c. Gy areageo U. cry ureuyeu 1s. ❑ Land Containing Shellfish a. square feet b. square feet c. square f iet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. c/y dredged b. c/y dredged 21. ❑ Land Subject to _ Coastal Storm a. square feet b. square feet Flowage wpaform5.doc • rev. 05/19/2010 1 Page 4 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) #22. If the 22 project is for the purpose of restoring or enhancing a wetland resource area 23• in addition to the square footage that _ has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 Y Y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order 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.. Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town ❑ Restoration/Enhancement'': a. square feet of BVW ❑ Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh b. number of replacement stream crossings 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order 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 Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc • rev. 05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE-83-1894 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth cirylTown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been 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 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 Final Order 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 the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE-83-1894 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. Page 6 of 12 wpaform5.doc • rev. 0511912010 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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 Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) 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, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) 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, as per the requirements of Stormwater Standard 10; iv, all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaform5.doc • rev. 05/19/2010 Page 7 of 12 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands l� WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) 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 Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, 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. d) 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, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) 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 landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc • rev. 05/19/2010 Page 8 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.doc • rev. 05/19/2010 Page 9 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw 2: Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached text page(s) wpaform5.doc • rev. 05/19/2010 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE-83-1894-Malcolm Nolen, 64 White Cedar Road, West Yarmouth, MA The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, its agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. 3. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. 4. Any plan changes whatsoever must be brought to the attention of the Conservation Administrator prior to implementation of such change. Failure to do so may result in the revocation of these "Orders, a fine or both. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 6. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent' filing. Continued........ . SPECIAL CONDITIONS CONTINUED PAGE lOB OF 12 SE 83-1894-Malcolm Nolen 64 White Cedar Road, West Yarmouth, MA 7. The driveway shall be constructed of pervious materials such as Crushed stone, gravel, seashells, or other similar materials. 8. Gutters and downspouts directed into adequately sized drywells shall be provided for roof drainage. The Commission may also allow "drip trenches" instead of gutter systems. 9. During construction, all loose debris shall not be allowed to enter the wetland or waterways. 10. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator. 11. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous concrete, rubber, metal, trash, boulders, etc. Boulders will be allowed in specific instances if part of the project design. 12. A "work limit" line shall be established with haybales, silt fence or both. The Conservation Administrator shall make this final determination of which material shall be provided and the extent of such material. 13. No work of any kind shall occur on the seaward side of the work limit line. This line shall be established prior to any construction or work. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands J MLI: assDEP 1=i1 # WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction 4 Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth Ci r-rown E. Signatures /GIGr�� 7 20 / This Order is valid for three years, unless otherwise specified as a special Date o issuance condition pursuant to General Conditions #4, from the date of issuance. C� Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Sigr ❑ by hand delivery on Date kr by certified mail, return receipt requested, jon� ,w 7 Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 11 of 12 wpaform5.doc • rev. 05/19/2010 Massachusetts Department of Environmental Protection LLIiBureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth CitylTown Prior to commencement of work, this Order of Conditions 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 Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. 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 Order of Conditions for the Project at: 64 White Cedar Road, West Yarmouth, MA SE-83-1894 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page Malcolm Nolen for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: March 7, 2011 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 12 of 12 wpaform5.doc - rev. 05/19/2010 Town of Yarmouth Conservation Commission Building Permit Sign -off Application TO BE FILLED OUT BY APPLICANT: Building Site Location: Q a CD CA Map # _l Lot(s) # Property Owner: _ � L C a �.� NO4_:Q N Applicant: Applicant Address: ? p $. X %31,-7 L7 9 e x Y_ Telephone: 57o g �Ax� g9' Date Filed � o e �2 Proposed Project Description: Plans: Af_C»Se cA dc_-�c. Jec, ,04:'c Fc- TO BE FILLED OUT BY CONSERVATION ADMINISTRATOR: Does the Proposed Project Require a Permit? Ua; vaviA OcC 6E,�-3- I �/qq Comments from Conservation C Approved Conditionally Approved Rejected Conservation Commission Sign -off Signature: Date: COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 DEVAL L. PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor DATE: March 03, 2011 Municipality YARMOUTH (city/town) RICHARD K. SULLIVAN JR. Secretary KENNETH L. KIMMELL Commissioner RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): Applicant: MALCOLM NOLEN Owner: Address: 43 WILLOW ST. Address: BROOKLYN, NY 11201 LOCUS: 64 WHITE CEDAR ROAD This project has been assigned the following file # : SE 083-1894 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: If you have any questions regarding this letter, please contact: CHRISTINE ODIAGA @ (508)-946-2836 Cc: Yarmouth Conservation Commission, 1146 Route 28 South Yarmouth, Yarmouth, MA, 02664 Representative: Hamlyn Consulting, 690 Thousand Oaks Drive, BREWSTER, MA, 02631 This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868. http://www.mass.gov/dea i50 Printed on Recycled Paper YARMOUTH Conservation Commission 1146 Route 28 South Yarmouth YARMOUTH, MA 02664 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. _ I� &M Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town Yarmouth 1. From: Conservation Commission 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions (check one): 3. To: Applicant: Malcolm a. First Name c. Organization 43 Willow Street d. Mailing Address Brooklyn e. Citylrown 4. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address e. City/Town 5. Project Location: 64 White Cedar Road a. Street Address 9 c. Assessors Map/Plat Number Latitude and Longitude, if known: Nolen b. Last Name NY f. State b. Last Name f. State West Yarmouth b. City/Town 9 d. Parcel/Lot Number 41 d62m81 s d. Latitude 11201 g. Zip Code g. Zip Code 70d25m48s e. Longitude Page 1 of 12 wpaform5.doc • rev. 05/1912010 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth Cityffown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable LCC 168287, LCP 4075J, Lot 58 BCounty b. Certificate Number (if registered land) a.c. Book d. Page February 17, 2011 March 3, 2011 March 7, 2011 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan of 64 White Cedar Road, West Yarmouth a. Plan Title Down Cape Engineering Daniel A Ojala b. Prepared By c. Signed and Stamped by January 11, 2011 1 inch = 30 feet d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: c ❑ Prevention of a. ❑ Public Water Supply b. ❑ Land Containing Shellfish * Pollution f. ❑ Protection of d. ❑ Private Water Supply e. ❑ Fisheries Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. 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 performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Page 2 of 12 wpaform5.doc • rev. 05119/2010 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 LI'd Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) Provided by MassDEP: S E-83-1894 MassDEP File # eDEP Transaction # Yarmouth Cityrrown Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project 35 disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank 5. ❑ Bordering Vegetated Wetland s. ❑ Land Under Waterbodies and Waterways a. nnear reer D. Unedl RMt 1-.--- a. square reer D. bqudlt7 mut .y. — _• may_••..- .-__ a. square feet b. square feet e. c/y dredged f. c/y dredged c. square feet d. square feet 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet s. ❑ Riverfront Area b. total sq. feet a tntal en foot Sq ft within 100 ft r enl faro foal feet square d. s q o enl lara foal f. square feet q Sq ft between 100- 200 ft n enl lard foot h. square feet j Cnl IafO foot j. square feet Page 3 of 12 wpaform5.doc • rev. 05/19/2010 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a. square feet b. square feet 12. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds 1g. ❑ Land Containing Shellfish 20. ❑ Fish Runs 21. ❑ Land Subject to Coastal Storm Flowage Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment a. linear feet b. linear feet c. ray dredged d. c/y dredged a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above b. square feet wpaform5.doc • rev. 05/19/2010 Page 4 of 12 Massachusetts Department of Environmental Protection LABureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) "#22.Ifthe 22 ❑ Restoration/Enhancement': project is for the purpose of restoring or enhancina a. square feet of BVW b. square feet of salt marsh g wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town (Bvw) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 Y Y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order 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. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order 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 Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc • rev. 05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE-83-1894 L7MassDEP File # WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been 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 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 Final Order 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 the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"j "File Number SE-83-1894 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. and if the project involves work adjacent to a Bordering Vegetated 17. Prior to the start of work, Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. Page 6 of 12 wpaform5.doc • rev. 05/19/2010 Massachusetts Department of Environmental Protection LIBureau of Resource Protection - Wetlands 'd WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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 Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) 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, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) 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, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaform5.doc - rev. 05/1912010 Page 7 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) 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 Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, 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. d) 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, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) 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 landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc - rev. 05/1912010 Page 8 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.doc • rev. 05/1912010 Page 9 of 12 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw 2. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached text page(s) wpaform5.doc • rev. 05/1912010 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE-83-1894-Malcolm Nolen, 64 White Cedar Road, West Yarmouth, MA 1. The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, its agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. 3. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. 4. Any plan changes whatsoever must be brought to the attention of the Conservation Administrator prior to implementation of such change. Failure to do so may result in the revocation of these "Orders, a fine or both. 5. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 6. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent" filing. Continued........ . SPECIAL CONDITIONS CONTINUED PAGE lOB OF 12 SE 83-1894-Malcolm Nolen 64 White Cedar Road, West Yarmouth, MA 7. The driveway shall be constructed of pervious materials such as Crushed stone, gravel, seashells, or other similar materials. 8. Gutters and downspouts directed into adequately sized drywells shall be provided for roof drainage. The Commission may also allow "drip trenches" instead of gutter systems. 9. During construction, all loose debris shall not be allowed to enter the wetland or waterways. 10. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator. 11. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous concrete, rubber, metal, trash, boulders, etc. Boulders will be allowed in specific instances if part of the project design. 12. A "work limit" line shall be established with haybales, silt fence or both. The Conservation Administrator shall make this final determination of which material shall be provided and the extent of such material. 13. No work of any kind shall occur on the seaward side of the work limit line. This line shall be established prior to any construction or work. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Provided by MassDEP: MassDEP File # eDEP Transaction # Yarmouth CitylTown /UGrcA `Z 2 0 / 1. Date o Issuance LD_ — 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Sigr ❑ by hand delivery on Date kby certified mail, return receipt requested, pn Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 11 of 12 wpaform5.doc - rev. 05/19/2010 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 2LI Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by MassDEP: SE-83-1894 MassDEP File # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, this Order of Conditions 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 Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. 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 Order of Conditions for the Project at: 64 White Cedar Road, West Yarmouth, MA SE-83-1894 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Malcolm Nolen Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: March 7, 2011 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 12 of 12 wpaform5.doc • rev. 05/19/2010 YARMOUTH CONSERVATION COMMISSION APPLICANT: DATE: 3 1j l REPRESENTATIVE (if any): �� I? za� GREEN RECEIPTS (circle one) OMPLETE INCOMPLETE (explain) LEGAL AD $$ (circle one) PAIDNOT PAID (explain TYPE OF HEARING IRCLE ONE: N tice of Intent (NOI) opening Notice of Intent (NOI) continuation DECISION circle one: NOI or RFD Approved fre9• # Denied Pos. # Continued Continued Request for Determination (RFD opening Request for Determination (RFD; continuation VOTE (list last names) For: JD s r�rrl�r� /'/titre, Againsts DISCUSSION (Examples Approval conditions, Denial Reasons, Continuan .reasons.) v L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Cityrrown Important: A. General Information When filling out forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 64 White Cedar Road (West) Yarmouth 02673 cursor - do not use the return a. Street Address , .,7o b. City/Town c. Zip Code key. - 41.628117 -70.254886 Latitude and Longitude-- N Y~d. F!c:!: Latitude e. Longitude 9Ya a{g 9 V 2. f. Assessors Map/Plat Numb r Applicant: E C E IV E D g. Parcel /Lot Number Malcolm Nolen a. First Name b. Last Name Note: Before c. Organization completing this form 43 Willow Street consult your local d. Street Address Conservation Brooklyn NY 11201 Commission e. City/Town f. State g. Zip Code regarding any municipal bylaw or ordinance. h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner same a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Lynne Whiting Hamlyn a. First Name b. Last Name Hamlyn Consulting c. Company 690 Thousand Oaks Drive d. Street Address Brewster MA 02631 e. Cityrrown f. State g. Zip Code 508-258-3211 508-258-3211 hconsult2@comcast.net h. Phone Number i. Fax Number j. Email address Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 $237.50 $262.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 11/16/09 Page 1 of 8 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 A. General Information (continued) Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Cityrrown 6. General Project Description: Proposed construction of guest house; relocation of existing drive and septic system components; and proposed landscaping, to include reconfiguration of stone retaining wall and patio, regrading, and planting 7a. Project Type Checklist: 1. Z Single Family Home 3. ❑ Limited Project Driveway Crossing 5. ❑ Dock/Pier 7. ❑ Coastal Engineering Structure 2. ❑ Residential Subdivision 4. ❑ Commercial/Industrial 6. ❑ Utilities 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ❑ No If yes, describe which limited project applies to this project: 2. Limited Project 8. Property recorded at the Registry of Deeds for: Barnstable a. County c. Book 168287 b. Certificate # (if registered land) d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Z Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. For all projects affecting other Resource Area Size of Proposed Alteration Resource Areas, please attach a a. ❑ Bank narrative 1. linear feet explaining how b. ❑ Bordering Vegetated the resource Wetland 1. square feet area was delineated. c. ❑ Land Under 1. square feet Waterbodies and Waterways 3. cubic yards dredged Proposed Replacement (if any) 2. linear feet 2. square feet 2. square feet wpaform3.doc • rev. 11/16/09 Page 2 of 8 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 3 -'Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. ❑ Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. ❑ Riverfront Area 1. Name of Waterway (if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: " modification to work approved under SE 16-1519, within prior construction envelope a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NO[? ❑ Yes ® No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below b. ❑ Land Under the Ocean c. ❑ Barrier Beach d. ❑ Coastal Beaches 1. square feet 2. cubic yards dredged Indicate size under Coastal Beaches and/or Coastal Dunes below 1. square feet e. ❑ Coastal Dunes 1. square feet 2. cubic yards beach nourishment 2. cubic yards dune nourishment wpaform3.doc • rev. 11/16/09 Page 3 of 8 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement (if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. ❑ Land Containing Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1. square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfvv/nhesr)/re_ uc� latory review/priority habitat/online viewer.htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 2008 (MA GIS) Route 135, North Drive b. Date of map Westborough, MA 01581 wpaform3.doc • rev. 11/16/09 Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Lilk- t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete Section CAA, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **"* (a) ❑ Project description (including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site (c) ❑ MESA filing fee (fee information available at: htto://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesr)/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing a. NHESP Tracking # b. Date submitted to NHESP " Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.ctovldfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. "' MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 11/16/09 Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WL1PA Form 3 — Notice of - Intent r Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street — 3rd Floor New Bedford, MA 02740-6694 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction number b. ACEC (provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page) with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ❑ No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ® No. Check why the project is exempt: 1.2 Single-family house wpaform3.doc • rev. 11/16/09 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3-' Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Citylrown C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1.0 USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Site Plan of 64 White Cedar Road, (West) Yarmouth, Prepared for Malcolm Nolen a. Plan Title Down Cape Engineering, Inc b. Prepared By January 11, 2011 01/11/2011 d. Plan Date Signature date Landscape Plan by Gardens By Desi f. Additional Plan or Document Title C. Daniel A. Oiala, P.E., P.L.S. c. Signed and Stamped by 1"=30' e. Scale 2/7/11 g. Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.* 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpaform3.doc • rev. 11/16/09 Page 7 of 8 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 E. Fees Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 3039 2. Municipal Check Number 3038 4. State Check Number Pratt Construction Co LLC 6. Payor name on check: First Name February 15, 2011 3. Check date February 15, 2011 5. Check date 7. Payor name on check: Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 4. Date 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 11/16/09 Page 8 of 8 Malcolm Nolen 64 White Cedar Road, West Yarmouth, MA Discussion of Proposed Activity The applicant proposes to construct a guest house; relocate an existing drive and septic components; and landscape, to include reconfiguration of stone retaining wall and patio, regrading and planting, at 64 White Cedar Road, West Yarmouth, MA. Work is to occur within the buffer zone to a coastal bank and bordering vegetated wetland upgradient of salt marsh. Additional proposed site improvements to be done outside of the 100-foot buffer zone include the relocation of the existing garage, construction of an art studio with deck, and relocation of the existing soil absorption system. The limit of land subject to coastal storm flowage occurs at the 100-year flood elevation - Flood Zone Al2, elevation 12 feet - in accordance with the Federal Emergency Management Agency, Flood Insurance Rate Map for the area (Firmette attached). The top of the coastal bank was delineated in accordance with Wetlands Protection Program Policy 92-1: Along the northerly property line, starting at the westerly corner, the top of bank occurs above the 100-year flood elevation -12 feet - where the top of becomes less than 25 percent (Figure 2), and then moving to the west, below the 100-year flood elevation where the slope above elevation 12 feet is less than 10 percent (Figure 4). Along the easterly side of the property, the top of coastal bank is located at the 100-year flood elevation as the run-up slope is less than 25 percent but greater than 10 percent (Figure 3). The bank becomes increasingly less steep to the south and terminates at approximately the southeast property corner, where the run-up slope to elevation 12 feet becomes less than 10 percent. The edge of wetland along the northern property line occurs at the base of the coastal bank, consisting primarily of salt marsh vegetation with an irregular, narrow band of bordering vegetated wetland. Wetland Flags #1 through #5 are located at the limit of groundsel bush (Baccharis halimifolia), upgradient of a salt marsh supporting high tide bush (Iva frutescens), saltmeadow cordgrass (Spartina patens), and lavender (Limonium nashii); and downgradient of oak (Quercus sp.) and red cedar (Juniperus virginiana). The Yarmouth Conservation Commission previously issued an Order of Conditions approving proposed construction on the property to include a guest house, but the structure was not built and the Order has expired. The applicant is again seeking approval to construct the guest house but has changed the location to accommodate other site improvements. The new location shows the structure to be set back a minimum of 36 feet from the top of coastal bank and 105 feet from the edge of wetland. The gentle slope of the coastal bank in the area proximate to the proposed construction is well vegetated with a native, woody plant community and will not be destabilized by the construction and, accordingly, will not impact the interests of storm damage prevention and flood control. The guest house is located outside of the buffer zone to the BVW. The septic system is to be relocated to accommodate the proposed buildings. Only the relocation of the septic tank for the guest house occurs within the 100-foot buffer zone. (The septic tank for the guest house was installed when the septic system was originally constructed, but has not been used as the guest house was not built.) The existing and proposed locations of the septic tank for the main house and the SAS occur outside of the buffer zone to wetlands and the coastal bank. The existing drive is proposed to be reconfigured in association with the new garage location and will wind between the two large existing wolf oaks near White Cedar Road. The new drive will require the removal of minimal vegetation and will be constructed with pervious materials. The existing drive will be abandoned and planted in accordance with the Landscape Plan prepared by Gardens by Design, revised date 2/7/11. Proposed landscaping includes the reconfiguration of the existing retaining wall and the raised patio/lawn area. The northeast corner of the retaining wall is to be removed and the grade within the existing raised patio/lawn area is to be dropped to meet the natural grade at the base of the wall. Natural stone/granite steps are proposed to align with the existing steps located closer to the water. The retaining wall is proposed to "bump out" west of the cut, on the north side of the house. The area will be filled with the cut material to match the existing grade within the retaining walls. The patio is proposed to be reconfigured, encompassing approximately 75 percent of the area, with an irregular boundary as currently exists. Details of the planting scheme are shown on the Gardens by Design plan. The landscape improvements associated with the hardscape are located outside of the 50-foot buffer zone. Extensive planting is proposed that will reduce the lawn area within the 50-foot buffer and create a more fluid, organic vegetative setting. Planting details to include species and locations are shown on the landscape plan and accompanying planting list. A work limit line is to be established with trenched silt fencing or staked haybales or coir logs, as shown on the accompanying site plan, prior to any work being done and shall remain until project completion, including stabilization of sediments. All roof run-off is to be directed to drywells or stone trenches along the drip line. ` I I 1 I I i I I I I I 1 I , 88.73 AC 4 I _ � I I I I I I I 'I of OI 8 1.04 \\ 9 �j1'.58 AC al I 7 O � LVLVS I I 1 70 I ry I O p � I V G�OAF? I 5 5.86 AC O I 1 SSs" 1 I 2 . AC I I I I CLE ' ►BERTS 4 AC iVE o 3.41 AC I I O 7p3 I 6 59.27 AC I� `9'a 6 I OI 'a 3 I I 1.62 AC I - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- P/06-6---------- I -- - - - --- ----- - - - - - - - - - - - - - - - P/O 12 1 13 1 TAX MAP OF YARMOUTH E COUNTY, MASSACHUSETTS �SS�SspN S VA-tkP 4 SHEET 9 , Owner and Address for Abutting Properties Page 1 of 1 Abutting Properties for 64 WHITE CEDAR RD (100 Feet) Print Close Location: 10/ 1/// GREAT ISLAND RD Owner: CHACE, ARNOLD B JR TRS GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH, MA 02673 Location: 9/ 1/// WHITE CEDAR RD Owner: CHACE, ARNOLD B GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH, MA 02673 Location: 9/5/// WHITE CEDAR RD Owner: CHACE, ARNOLD B GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH, MA 02673 Location: 9/7/// 72 WHITE CEDAR RD Owner: BRADY, JAMES C JR TR THE BRADY GI-60 NOMINEE TRUST PO BOX 351 GLADSTONE, NJ 07934-0351 Location: 9/8/// 70 WHITE CEDAR RD Owner: BRADLEY TIMOTHY TR THE A & P RATHBONE TRUST 10 EAST 53RD ST 32ND FLOOR NEW YORK, NY 10022 HAMLYN CONSULTING A- _V- 690 Thousand Oaks Drive, Brewster, MA 02631 • Phone & Fax: (508) 896-5203 February 15, 2011 Dear Abutter: Acting under the provisions of M.G.L. Chapter 131, Section 40, and Town of Yarmouth Wetlands Protection Bylaw, Chapter 143, the Conservation Commission will hold a public hearing on the application of: Malcolm Nolen 43 Willow Street Brooklyn, NY 11201 for the proposed construction of a guest house; relocation of existing drive and septic system components; and landscaping, to include reconfiguration of stone retaining wall and patio, regrading and planting at 64 White Cedar Road, West Yarmouth, MA (Assessor's Map 9, Parcel 9). The hearing will be held on Thursday, March 3, 2011 in the Hearing Room at Yarmouth Town Hall, 1146 Route 28, South Yarmouth, MA beginning at 7:00 pm. Plans are on file at the Conservation Commission Office. Notice as per David Flaherty, Chairman of the Conservation Commission in and for the Town of Yarmouth. Yours truly, Lynne Whiting Hamlyn Environmental Consultant LCD x`" 3 — _ �+, .Iry Ili �,��yy++1� _ �•� Fi — �•t f. _ ��'f:yri f v TT T ,�} t ., * <� .yY�.�. �, t,"'�' 2,• _- <�aissZ�' ail _' .*�'� "`�.`s'""�'•_' � s�(." 'M"�+�?►`�• r�•i lik r > yr' , `�., � �- . � r rt r ; •.., " .._. �} _ � • ,,=r R¢yjj�� i� ' �- .J � ` .- _ ..��i ---•k M1'�'t'S - � dia yr��Y _ f' it,% CD M-• ,''{gyp �y �, :. 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',:,'may; .`•t. = - •ct. 4 4� r �x c r.b A _ ;ter r h t: i - - - .:, is ;� ". ,.:: -• :: ay. Y4 LEGAL NOTICE TOWN OF YARMOUTH CONSERVATION COMMISSION The Yarmouth Conservation Commission will conduct public hearings pursuant to the Massachusetts Wetland Act, M.G.L. Chapter 131, Section 40 and the Town of Yarmouth Wetland By-law, Chapter 143, on March 3, 2011 at the Yarmouth Town Offices, 1146 Route 28, South Yarmouth, MA beginning at 7:00 p.m. for the following matters: Notice of Intent: Boardwalk Light LLC, 31 Powers Lane, West Yarmouth, MA. To construct new pier foundation under existing single family dwelling within a coastal dune. Notice of Intent: Malcolm Nolen, 64 White Cedar Road, West Yarmouth, MA. To construct a guest house, re -locate existing driveway and landscape within the buffer zone to a coastal bank. Plans and applications for the above may be examined in the Yarmouth Conservation Commission Office, 1146 Route 28, South Yarmouth, MA. Monday thru Friday, between the hours of 8:30 a.m. and 4:00 p.m. David D. Flaherty, Jr., Chairman Yarmouth Conservation Commission Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Yarmouth _ Yarmouth Conservation NOI Wetland Fee Transmittal Form Co,is L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, § And Town of Dennis Wetlands Bylaw FEB 1 Important: A. Applicant Information btE �a=E1 c When filling out `, G D forms on the 1. Applicant: computer, use only the tab key Malcolm C. Nolen to move your a. First Name b. Last Name cursor - do not use the return key. c. Organization 43 Willow Street d. � d. Mailing Address Brooklyn NY 11201 e. Cityrrown f. State g. Zip Code retran h. Phone Number i. Fax Number j. Email Address 2. Property Owner (if different): a. Trustee b. Trust c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Project Location: 64 White Cedar Road (West) Yarmouth a. Street Address b. Cityrrown To calculate filing fees, refer B. FeeS Agent: Hamlyn Consulting, 690 Thousand Oaks Drive, Brewster, MA 02631 to the category Phone & fax: 508-258-3211, heonsult2@comcast.net fee list and The fee should be calculated using the following six -step process and worksheet. Please see examples in the Instructions before filling out worksheet. instructions for filling out WPA Form 3 (Notice of Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and Intent). buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpaforml*x - Wetland Fee Transmittal Form • rev. 2/21108 Page 1 of 2 L71Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Dennis Wetlands Bylaw B. Fees (continued) Step 1/Type of Activity Step 2/Number Step of Activities 3/Individu Activity Fe Category 2a 1 $500.00 Step 5/Total Project Step 6/Fee Paymen Total Project Fee: State share of filing Fee: City/Town share of filling Fee C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the st the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 Step 4/Subtotal Activity al Fee e $500.00 Fee: $500.00 ts: $500.00 a. Total Fee from Step 5 $237.50 b. 1/2 Total Fee less $12.50 $262.50 c. 1/2 Total Fee plus $12.50 ate share of the fee, payable to b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent;.a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) WpaformIdoc - Wetland Fee Transmittal Form - rev. 20108 Page 2 of 2 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent 11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Project Location (Note: electronic filers will click on button to locate project site): 64 White Cedar Road (West) Yarmouth 02673 a. Street Address b. City/Town c. Zip Code Latitude and Longitude: 41.628117-70.254886 d. Latitude e. Longitude 9 9 f. Assessors Map/Plat Number 2. Applicant: Malcolm a. First Name g. Parcel /Lot Number Yarmouth Con�Ervation Commission olen . Last Name c. Organization 1 43 Willow Street �a d. Street Address Brooklvn e. City/Town f. State 11201 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner same a. First Name c. Organization d. Street Address e. City/Town f. State b. Last Name h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Lynne Whiting Hamlyn a. First Name b. Last Name Hamlyn Consulting c. Company 690 Thousand Oaks Drive g. Zip Code d. Street Address Brewster MA 02631 e. City/Town f. State g. Zip Code 508-258-3211 508-258-3211 hconsult2@comcast.net h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 $237.50 $262.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 11/16/09 Page 1 of 8 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 And Town of Yarmouth Wetlands Protection Bylaw, Chapter 143 A. General Information (continued) Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Cityrrown 6. General Project Description: Proposed construction of guest house; relocation of existing drive and septic system components; and proposed landscaping, to include reconfiguration of stone retaining wall and patio, regrading, and planting 7a. Project Type Checklist: 1. ® Single Family Home 3. ❑ Limited Project Driveway Crossing 5. ❑ Dock/Pier 7. ❑ Coastal Engineering Structure 2. ❑ Residential Subdivision 4. ❑ Commercial/Industrial 6. ❑ Utilities 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ❑ No If yes, describe which limited project applies to this project: 2. Limited Project 8. Property recorded at the Registry of Deeds for: Barnstable 168287 a. County c. Book b. Certificate # (if registered land) d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. For all projects affecting other Resource Area Resource Areas, please attach a a. ❑ Bank narrative explaining how b. ❑ Bordering Vegetated the resource Wetland area was delineated. c. ❑ Land Under Waterbodies and Waterways Size of Proposed Alteration 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged Proposed Replacement (if any) 2. linear feet 2. square feet 2. square feet wpaform3.doc • rev. 11/16/09 Page 2 of 8 Malcolm Nolen 64 White Cedar Road, West Yarmouth, MA Discussion of Proposed Activity The applicant proposes to construct a guest house; relocate an existing drive and septic components; and landscape, to include reconfiguration of stone retaining wall and patio, regrading and planting, at 64 White Cedar Road, West Yarmouth, MA. Work is to occur within the buffer zone to a coastal bank and bordering vegetated wetland upgradient of salt marsh. Additional proposed site improvements to be done outside of the 100-foot buffer zone include the relocation of the existing garage, construction of an art studio with deck, and relocation of the existing soil absorption system. The limit of land subject to coastal storm flowage occurs at the 100-year flood elevation - Flood Zone Al2, elevation 12 feet - in accordance with the Federal Emergency Management Agency, Flood Insurance Rate Map for the area (Firmette attached). The top of the coastal bank was delineated in accordance with Wetlands Protection Program Policy 92-1: Along the northerly property line, starting at the westerly corner, the top of bank occurs above the 100-year flood elevation -12 feet - where the top of becomes less than 25 percent (Figure 2), and then moving to the west, below the 100-year flood elevation where the slope above elevation 12 feet is less than 10 percent (Figure 4). Along the easterly side of the property, the top of coastal bank is located at the 100-year flood elevation as the run-up slope is less than 25 percent but greater than 10 percent (Figure 3). The bank becomes increasingly less steep to the south and terminates at approximately the southeast property corner, where the run-up slope to elevation 12 feet becomes less than 10 percent. The edge of wetland along the northern property line occurs at the base of the coastal bank, consisting primarily of salt marsh vegetation with an irregular, narrow band of bordering vegetated wetland. Wetland Flags #1 through #5 are located at the limit of groundsel bush (Baccharis halimifolia), upgradient of a salt marsh supporting high tide bush (Iva frutescens), saltmeadow cordgrass (Spartina patens), and lavender (Limonium nashii); and downgradient of oak (Quercus sp.) and red cedar (Juniperus virginiana). The Yarmouth Conservation Commission previously issued an Order of Conditions approving proposed construction on the property to include a guest house, but the structure was not built and the Order has expired. The applicant is again seeking approval to construct the guest house but has changed the location to accommodate other site improvements. The new location shows the structure to be set back a minimum of 36 feet from the top of coastal bank and 105 feet from the edge of wetland. The gentle slope of the coastal bank in the area proximate to the proposed construction is well vegetated with a native, woody plant community and will not be destabilized by the construction and, accordingly, will not impact the interests of storm damage prevention and flood control. The guest house is located outside of the buffer zone to the BVW. The septic system is to be relocated to accommodate the proposed buildings. Only the relocation of the septic tank for the guest house occurs within the 100-foot buffer zone. (The septic tank for the guest house was installed when the septic system was originally constructed, but has not been used as the guest house was not built.) The existing and proposed locations of the septic tank for the main house and the SAS occur outside of the buffer zone to wetlands and the coastal bank. The existing drive is proposed to be reconfigured in association with the new garage location and will wind between the two large existing wolf oaks near White Cedar Road. The new drive will require the removal of minimal vegetation and will be constructed with pervious materials. The existing drive will be abandoned and planted in accordance with the Landscape Plan prepared by Gardens by Design, revised date 2/7/11. Proposed landscaping includes the reconfiguration of the existing retaining wall and the raised patio/lawn area. The northeast corner of the retaining wall is to be removed and the grade within the existing raised patio/lawn area is to be dropped to meet the natural grade at the base of the wall. Natural stone/granite steps are proposed to align with the existing steps located closer to the water. The retaining wall is proposed to "bump out" west of the cut, on the north side of the house. The area will be filled with the cut material to match the existing grade within the retaining walls. The patio is proposed to be reconfigured, encompassing approximately 75 percent of the area, with an irregular boundary as currently exists. Details of the planting scheme are shown on the Gardens by Design plan. The landscape improvements associated with the hardscape are located outside of the 50-foot buffer zone. Extensive planting is proposed that will reduce the lawn area within the 50-foot buffer and create a more fluid, organic vegetative setting. Planting details to include species and locations are shown on the landscape plan and accompanying planting list. A work limit line is to be established with trenched silt fencing or staked haybales or coir logs, as shown on the accompanying site plan, prior to any work being done and shall remain until project completion, including stabilization of sediments. All roof run-off is to be directed to drywells or stone trenches along the drip line. - I it I I. � 4 88.73 AC �I I � 058 AC 0 1. V S C; � R 5 Us AC � b� 2 AC C L E 4 ►B E RTS AC ►VE o I 3.41 AC I � 7p3 I� I� 6 Ala 59.27 AC <c I 01 a I 3 I ,.62 AC I I P/06-6 - - - - -- --- - - - - - - - - - - - - - - - - - - - - - - - P/O -3 P/O 9-1 12 13 �"`9 TAX MAP SHEET N OF YAR OUTH 8 10 9 .E COUNTY, MASSACHUSETTS 5 6 1 CD .� � � v -- _1 •'�' � .`-�-'� � 71} ��. tides_• : � "T ! 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