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83-2017
., } 4 ��" ..,, t`' �y. - . � � � w, . �.. .��•� t. �> a 'R, ' . i .� _ 'A.. � I {� � My �' � ` � � � � _ CONSERVATION COMMISSION Yarmouth Conservation Commission Applicant: L_Q U-4Ci Pre -Construction Meeting too DEP File Number: SE83- ,�2 Q / 7 Project Address: 166 ��Ue0� \, Z Date: �_ - 1 __� -1S Company Contact Info: l Name PoQ-lam M \ � U0, t Phone number (cell & office): 3o_7 1 Mailing address: ZD N o, Email address: J ILykLLt*'-c<��,L Signature of Acknowledgment: My signature acknowledges that I read & understand the Order of Conditions, including the special conditions per the Yarmouth Conservation Commission. A copy of the Order of Conditions will remain onsite. Recording: You recorded your Order of Conditions with the Registry of Deeds Sign: Your sign with your DEP file number was properly installed l5 Z„ Il Erosion Control: Your sedimentation and erosion control has been properly installed in the appropriate location(s) i Y 1 'o'Q You AY i MAY NOT begin work. Other Comments: c4 IS �� • �<'1 i 1.7�WC.� a 4"c2e& Ae`��G. 1 pnn')CC Gr` See- _�'Z-ce Ae'c-�Ouedv ()oC 4t) ry) ll�ayy,S W 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. 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 A. General Information 1. From: Yarmouth Conservation Commisslor 2. This issuance is for (check one): 3. To: Applicant: Laura Fedele Provided by MassDEP S E83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town a. ®Order of Conditions b. ❑ Amended Order of Conditions Riccio, Trustee a. First Name b. Last Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Mailing Address Westwood MA 02090 e. City/Town 4. Property Owner (if different from applicant): Laura Fedele a. First Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Mailing Address Westwood e. City/Town 5. Project Location: 166 Blue Rock Road a. Street Address Map 101 c. Assessors Map/Plat Number Latitude and Longitude, if known: f. State Riccio, Trustee b. Last Name g. Zip Code MA 02090 f. State g. Zip Code South Yarmouth b. City/Town Lot 158 d. Parcel/Lot Number d m s d. Latitude d m s e. Longitude wpaform5.doc - rev. 11/12/2014 Page 1 of 12 a 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 A. General Information (cont.) Provided by MassDEP: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable 161469, Lot 91, LC 32679B a. County b. Certificate Number (if registered land) c. Book d. Page 7. Dates: 2/17/2015 3/12/2015 3/18/2015 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 in South Yarmouth, Massachusetts as prepared for Blue Rock Road Realty Trust a. Plan Title Sweetser Engineering Robin Wilcox b. Prepared By c. Signed and Stamped by 1 /16/2015 1 " =20' 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ® Protection of 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. wpaform5.doc • rev. 11/12/2014 Page 2 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.) Provided by MassDEP: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town 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 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 6. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage g. ® Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. square feet d. square feet e. c/y dredged f. c/y dredged e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feet b. square feet c. cubic feet d. cubic feet e. cubic feet f. cubic feet 720 720 a. total sq. feet b. total sq. feet n n a.. ayuaic icci ... .,y......, �..... c. aLJUWC icci . may ............. 720 720 g. square feet h. square feet i. square feet j. square feet wpaform5.d0c • rev. 11/12/2014 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: ` Bureau of Resource Protection - Wetlands SE83-2017 WPA Form MassDEP File # 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 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 c. c/y dredged d. c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet C. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet 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 21. ❑ Land Subject to Coastal Storm a. square feet b. square feet Flowage wpaform5.doc • rev. 11/12/2014 Page 4 of 12 Massachusetts Department of Environmental Protection LiBureau of Resource Protection - Wetlands t 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. entered in Section B.5.c ❑ Restoration/Enhancement *: a. square feet of BVW ❑ Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh Provided by MassDEP: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth city/Town b. number of replacement stream crossings General Conditions Under Massachusetts Wetlands Protection Act (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 rY 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 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 3/18/2018 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. wpaform5.doc • rev. 11/12/2014 Page 5 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: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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 SE83-2017 " 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. wpaform5.doc • rev. 11/12/2014 Page 6 of 12 Massachusetts Department of Environmental Protection Ll 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: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. 19. The work associated with this Order (the "Project') (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT 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; wpaform5.doc • rev. 11/12/2014 Page 7 of 12 Massachusetts Department of Environmental Protection L` 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: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. 11/12/2014 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: SE83-2017 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): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc - rev. 11/12/2014 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: S E83-2017 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 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 pages, Special Conditions Pages 10A,1013 (etc...) of 12 wpaform5.doc - rev. 11/12/2014 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2017, Laura Fedele Riccio, Trustee, Blue Rock Road Realty Trust 166 Blue Rock Road, South 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. Commission members and the Conservation administrator may acquire any information, measurements photographs, observations and/or materials or may require the submittal of any data or information deemed necessary by this Commission for that evaluation. 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 change in the plans or any change in construction from the proposed approved plans shall require the Applicant to file a notice of project change with this Commission via a written inquiry as to whether the change is significant enough to require filing an amendment or a new Notice of Intent. Should the project be changed without permission, or found by the Yarmouth Conservation Commission to be changed in any way from the approved plan, all work shall immediately cease until approved by the Yarmouth Conservation Commission. 5. Noncompliance with these conditions shall constitute grounds for issuing an Enforcement Order and possible fines, which may include fines not to exceed $300.00 per day/per violation. 6. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 7. 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. The "Orders" were issued on 3/18/2015. SE83-2017 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE83-2017, Laura Fedele Riccio, Trustee, Blue Rock Road Realty Trust 166 Blue Rock Road, South Yarmouth, MA 8. The driveway shall be constructed of pervious materials such as crushed stone, gravel, seashells, or other similar materials. This is an on -going, in perpetuity, condition that does not expire with the issuance of a Certificate of Compliance 9. Grading shall be accomplished so that runoff shall not be directed to the property of others. The project shall not increase runoff, nor cause flooding or storm damage to abutters other property owners or wetland Resource Areas. 10. All loose debris shall not be allowed to enter the wetland or waterways. Debris shall be picked up and disposed in a legal location daily. 11. Debris, including litter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator or in a covered dumpster. 12. A "work limit" line shall be established with Erosion Controls (i.e straw bales, staked filter fabric, bark mulch, "silt sacks," products made with rice straw, and other weed -free products or approval by the Commission.) Hay bales are not allowed. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures throughout the construction process. 13. No work of any kind shall occur on the Resource Area side of the work limit line. This line shall be established prior to any construction or work. SE83-2017 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: 3 - ff KA—;aqqr)FP File # eDEP Transaction # Yarmouth City/Town 3- L� -26 15 1. Date of Issuance 7 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 electr ' , and the properbroWner, if different from applicant. Signatures. , ❑ by hand delivery on V by certified mail, return receipt requested, on 3-Ii- 0- s Date 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 for 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. wpaform5.doc• rev. 11 /12/2014 Page 11 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 G. Recording Information Provided by MassDEP: SE83-2017 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: 166 Blue Rock Road SE83-2017 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page 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: 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 wpaform5.doc • rev. 11112/2014 Page 12 of 12 0 ICI � V 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. tab &X Doc:1s272s920 07-01-2015 1240 BARNSTABLE LAND COURT REGISTRY 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 A. General Information 1. From: Yarmouth Conservatio 2. This issuance is for (check one): 3. To: Applicant: Laura Fedele Sion Provided by MassDEP: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town a. ®Order of Conditions b. ❑ Amended Order of Conditions a. First Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Mailing Address Westwood e. City/Town 4. Property Owner (if different from applicant): Laura Fedele a. First Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Mailing Address Westwood e. Cit /-Town 5. Project Location: 166 Blue Rock Road a. street Address Map 101 c. Assessors Map/Plat Number Latitude and Longitude, if known: a d. Latitude Riccio, Trustee b. Last Name MA f. State Riccio, Trustee b. Last Name MA f. State South Yarmouth 02090 g. Zip Code n0nnn b. Cityrrown Lot 158 d. Parcel/Lot Number m s d m s e. Longitude wpaform5.doc • rev. 11/12/2014 Page 1 of 12 Massachusetts Department of Environmental Protection ` Bureau of Resource Protection - Wetlands }� WPA Form 5 — Order of Conditions 0\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 A. General Information (cont.) Provided by MassDEP: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable 161469, Lot 91, LC 32679B a. County b. Certificate Number (if registered land) c. Book d. Page 7. Dates: 2/17/2015 3/12/2015 3/18/2015 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan in South Yarmouth Massachusetts as prepared for Blue Rock Road Realty Trust a. Plan Title Sweetser Engineering Robin Wilcox b. Prepared By c. Signed and Stamped by 1/16/2015 1" =20' d. Final Revision Date e. Scale t. Additional Plan or Document Title B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: g. Date 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c' ® Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ® Protection of 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. wpaform5.doc • rev. 11/12/2014 Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions I'\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth City/Town G. General Conditions Under Massachusetts Wetlands Protection Act 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. 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 SE83-2017 " 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. wpaform5.doc • rev. 11/12/2014 Page 6 of 12 Massachusetts Department of Environmental Protection LI� 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: SE83-2017 MassDEP File # eDEP Transaction # Yarmouth Citv/Town c. Ueneral conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. 19. The work associated with this Order (the "Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT 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; wpaform5.doc • rev. 11/12/2014 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 3 — i�assDEP Ll__� WPA Form 5 — Order of Conditions File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth CitylTown E. Signatures This Order is valid for three years, unless otherwise specified as a special J- 1 `6 2b IS condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. This 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 eleand the propert�l3v�+ner,� different ct from applicant. , r �j Signatures: ,:• -`� . n El by hand delivery on S/ by certified mail, return receipt requested, on 3- I'S-.61-5 Date 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 for 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. wpaform5.doc • rev. 11/12/2014 Page 11 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2017, Laura Fedele Riccio, Trustee, Blue Rock Road Realty Trust 166 Blue Rock Road, South 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. Commission members and the Conservation administrator may acquire any information, measurements photographs, observations and/or materials or may require the submittal of any data or information deemed necessary by this Commission for that evaluation. 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 change in the plans or any change in construction from the proposed approved plans shall require the Applicant to file a notice of project change with this Commission via a written inquiry as to whether the change is significant enough to require filing an amendment or a new Notice of Intent. Should the project be changed without permission, or found by the Yarmouth Conservation Commission to be changed in any way from the approved plan, all work shall immediately cease until approved by the Yarmouth Conservation Commission. 5. Noncompliance with these conditions shall constitute grounds for issuing an Enforcement Order and possible fines, which may include fines not to exceed $300.00 per day/per violation. 6. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work 7. 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. The "Orders" were issued on 3/18/2015. SE83-2017 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions kkk Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 G. Recording Information Provided by MassDEP: SE83-2017 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: 166 Blue Rock Road Project Location Has been recorded at the Registry of Deeds of: Count` for: Property Owner SE83-2017 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: Doo:1:272s920 07-01-2015 IM-40 Document Number BARNSTABLE LA140 COURT REGISTRY Signature of Applicant wpaform5.doc - rev. 11/12/2014 Page 12 of 12 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. Massachusetts 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 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information 1 Provided by MassDEP: MassDEP File Number Document Transac tior; Number Yarmouth City/Town Project Location (Note: electronic filers will click on button to locate project site) 166 Blue Rock Road South Yarmouth a. Street Address b. City/Town Latitude nd Longitude: d. Latitudil 101 158 . f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: MAAA V e. Longitude Laura Fedele Riccio, Trustee a. First Name b. Last Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Street Address Westwood MA 02090 e. Citylrown f. State g. Zip Code 781-551-5900 781-551-9035 h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner Laura Fedele Riccio, Trustee p 0 c n W C p N 0., 11- & U E r-.q o U ELU m CU LL_ W } a. First Name b. Last Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Street Address Westwood MA 02090 e. City/rown f. State g. Zip Code 781-551-5900 781-551-9035 Phone Number i. Fax Number j. Email address Representative (if any): obin W. i. First Name weetser Engineering Company O. Box 713 d. Street Address South Dennis e. Citylrown 508-385-6900 h. Phone Number 508-385-6991 i. Fax Number Wilcox b. Last Name MA 02660 f. State g. Zip Code sweetsereng@aol.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $165.00 $ 70.00 $ 95.00 a. Total Fee Paid b. State Fee Paid wpaform3.doc - rev. 11/24/2014 Page 1 of 9 ILIMassachusetts Department of Environmental Protection p!!-� Bureau of Resource Protection - Wetlands FIW-Xtmftr WPA Form 3 — Notice of Intent - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown A. General Information (continued) 6. General Project Description: Proposed 24' X 30' garage addition on the front of the existing house within the 50' buffer to the Top of Bank and in to 100-200' Riparian Zone 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ® Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Other 2. ❑ Residential Subdivision 4. ❑ Dock/Pier 6. ❑ Coastal engineering Structure 8. ❑ Transportation 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration 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. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County 161469, Lot 91, LC 32679B b. Certificate # (if registered land) c. Book 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. wpaform3.doc • rev. 11/24/2014 Page 2 of 9 f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands RassnPa Nurrir: WPA Form 3- Notice of IntentLl = - Docuri entTransact on Num er Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 Citylrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area a. ❑ Bank For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland please attach a narrative c. ❑ Land Under explaining how Waterbodies and the resource Waterways area was delineated. Resource Area d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding f. Z Riverfront Area Size of Proposed Alteration 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. cubic feet of flood storage lost Bass River 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 Z 200 ft. - All other projects Proposed Replacement (if any) 2. linear feet 2. square feet 2. square feet Proposed Replacement (if any) 2. square feet 4. cubic feet replaced 3. cubic feet replaced 3. Total area of Riverfront Area on the site of the proposed project: 30,069 square feet 4. Proposed alteration of the Riverfront Area: 720 0 720 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 NOI? Z Yes ❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Z Yes ❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) wpaform3.doc • rev. 11/24/2014 Page 3 of 9 Massachusetts Department of Environmental Protection Provided by,MassDEP_ Bureau of Resource Protection - Wetlands . Mast7lf*j(ri , WPA Form 3 — Notice of IntentLl - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DpGureit;7'ratisaction NumberYarmouth Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) 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. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. ❑ Land Under the Ocean 1. square feet with all supplementary information you 2. cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2. cubic yards dune nourishment 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 wpaform3.doc • rev. 11/24/2014 Page 4 of 9 f Massachusetts 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 Town of Yarmouth Wetland By -Law, Chapter 143 C. Other Applicable Standards and Requirements Provided by MassDE0: MassDEP'.Flei Number- Do ment:TTansoction NiAfnber Yarmouth City/Town ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species ActNWetlands 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/dfw/nhesp/regulatory 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 Online Map 1 Rabbit Hill Road b. Date of map Westborough, MA 01581 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, MESANVetlands Protection Act review, please complete Section CA.C, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, 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). 1c. 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 2. ❑ 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 & buffer zone) (b) ❑ Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/dfwele/dfw/nhesp/nhesi).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. 11/24/2014 Page 5 of 9 Massachusetts 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 Town of Yarmouth Wetland By -Law, Chapter 143 t Provided by MassDEP: , ma"DEP FilwNumber Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at http://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 (t) 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.4ov/dfwele/dfw/nhesp/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 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. 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. wpaform3.doc - rev. 11/24/2014 Page 6 of 9 e LlMassachusetts 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 Town of Yarmouth Wetland By -Law, Chapter 143 City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. El 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 b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 6. 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 7. 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. ® Single-family house 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 ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). 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. ® 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. wpaform3.doc • rev. 11/24/2014 Page 7 of 9 Massachusetts Department of Environmental Protection Pfoaea:»y MasQEP: tr Bureau of Resource Protection - Wetlands T:_., WPA Form 3 — Notice of Intent = ' x; D:jef 7'tinsaGEian'ttinter. Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 City/Town D. Additional Information (cont'd) 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. 4.0 List the titles and dates for all plans and other materials submitted with this NOI. Site Plan in South Yarmouth, MA as Prepared for Blue Rock Road Realty Trust a. Plan Title Sweetser Engineering b. Prepared By January 16, 2015 d. Final Revision Date Robin W. Wilcox, PLS c. Signed and Stamped by 1 "=20' e. Scale f. Additional Plan or Document Title 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 g. ❑ Attach Stormwater Report, if needed. E. Fees 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: 17867 2. Municipal Check Number 17866 4. State Check Number Sweetser 6. Payor name on check: First Name February 16, 2015 3. Check date February 16, 2015 5. Check date Engineering 7. Payor name on check: Last Name wpaform3.doc - rev. 11/24/2014 Page 8 of 9 L11 Massachusetts 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 Town of Yarmouth Wetland By -Law, Chapter 143 F. Signatures and Submittal Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town 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 DroieBNocation. 000- _"/O;//i 2. Date l" 4. DaJe �/Zo 6. bate 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 NO[ 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. 11/24/2014 Page 9 of 9 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. _I A Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Location of Project: 166 Blue Rock Road a. Street Address 17866 c. Check number 2. Applicant Mailing Address: Laura Fedele a. First Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Mailing Address Westwood e. City/Town 781-551-5900 781-551-9035 h. Phone Number i. Fax Number 3. Property Owner (if different): Laura Fedele a. First Name Blue Rock Road Realty Trust c. Organization 185 Sycamore Drive d. Mailing Address Westwood e. City/Town 781-551-5900 h. Phone Number 781-551-9035 i. Fax Number South Yarmouth b. Cityrrown $70.00 d. Fee amount Riccio, Trustee b. Last Name f. State j. Email Address Riccio, Trustee b. Last Name j. Email Address MA f. State 02090 g. Zip Code 02090 g. Zip Code To calculate filing fees, refer B. Fees to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). 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. noifeetf.doc - Wetland Fee Transmittal Form - rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity la Rivers Act C. Submittal Requirements Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 1 $110.00 $110.00 $ 55.00 $ 55.00 Step S/Total Project Fee: Step 6/Fee Payments: Total Project Fee State share of filing Fee: City/Town share of filling Fee: $165.00 a. Total Fee from Step 5 $ 70.00 b. 1/2 Total Fee less $12.50 $ 95.00 c. 112 Total Fee plus $12.50 a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 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.) noifeetf.doc - Wetland Fee Transmittal Form -rev. 10111 Page 2 of 2 t � l 4 1\ { x f � � Cj CD lopol- Ln •3� i �• tt Y !" r fir-'` ''t Q 's ,v en co V/ r� 5 T• t_ ''''i ..r"� �",JJYY 5 Mf Q 'St - LC:tt't5CO1�ti i'L• f.-, { £ 4 Si '[^ E. ""�` _•= s'`' 1'�i co j'�'.-''•'�i 't � k t5 T • i- CD T ' ty,.,+' "`~ LC) 't , t T Gi �� 't� T rl iJ 'ii rF�_ ..ei r •`•'t T = 1, ? � 1,-_-1T ��u 1i Q i� t(') ---�.:a � Q { ce) CID--___.: r Lnco Q "� '''----- .- t r a CD -ter O r Q T co•1.5 , Ci { Q C.4 Q i iti T r r r,. tCD TQ r J J,,. I a to 1 �_ E L �y C L C N NOL N I O Ln �E 0 L a O O L 7 N E o B C a-J N f0 v 4 Q U c o C O O c w_ � � 3 y ML O L w L g Q � O a a a cn o = C a C O C tn O O 41 L � O o a cn y sg E C a f0 N o 101/ 80/ CHAPMAN C DRUMMOND CHAPMAN EN A 171 BLUE ROC ROAD SOUTH YARMO , MA 02664 101/ 81/ BENES RUSSELL E LIFE EST C/O HAYES ROY F & FRANCINE A 91 QUEEN ANAY STOUGHTON, AA 02072, 111/ 36/ YOBACCIO ROBERT J YOBACCIO ARA 4 RUNE STONIN OAD SOUTH YARMO MA 02664-1325 111/ 29/ 1 / PEVNN RO PAUL A 156 BbXE ROCK RD SOUTH OUTH, MA 02664 101/ 159/ ZURN NhkRTHA H ZURN TON44Y R 172 BLUE ROL* RD SOUTH YARMOUTH, MA 02664 1/16/15 Please use the signature below to certify the owners withip 100` of 166 Blue Rock Rd, Yarmo'th, XA f� E Cheryl w4eler Asst Assessor/Appriasal Asst NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Blue Rock Road Realty Trust, Laura Fedele Riccio, Trustee B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is 166 Blue Rock Road, South Yarmouth D. Proposed work is Proposed 24'X30' garage addition on the front of the existing house within the 50' buffer to the Top of Bank and in the 100'-200' Riparian Zone Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's representative is Sweetser Engineering, Robin Wilcox Applicant's representatives phone number 508-385-6900 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 TENTATIVE HEARING DATE: MARCH 5, 2015 H. Person sending this notification (applicant, representative or other) Name Robin Wilcox, Sweetser Engineering Address P.O. Box 713, 203 Setucket Road Town South Dennis State MA Zip 02660 Telephone 508-385-6900 NOTES: Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. `\ . li, .' _ .-. ..i, I,. "c,F' IIJ�I� ,�. 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":. oq— I?N it �� ;ovth Dennis !-:_C' .1 - :.,�.. '•� , n� High Sch _ m'z r = r, "`� -""�-- - _ _ _ • _ • y` �: J l.?- -� "` 0 /--- • ' ' - _ t, `,. xBOX i Q3 vG -Salt Beach �JZo� N F'res _� �s-- .6 •\ oJ�` o h•'' ss P), I lie _r ) + Pon _� s ^d 0 -/ Pon r,,: / /• b'� _�_ ° D . . , %;. Ce nE r:- d Ili$ zip /i•i. Ce c GI b - :.� ,� do i. '�' of j-l. _�: lJ f�✓ • i•. , _ � i• ,:� _ - ,-2� � Wit'• C `� 't - �o % o Tidal Flat /�1 r' <op6'� ; Grand e ci o 'l1'° I Cove�a 1 \ � / /.• =, %� I � rig 194- �� / � _ - O � 'Ce // •_: •� l--," V •� �:� .'o . ,a :. � / G� it FI'•.,, r/ a, - -� Y L West Dennis J QQlit r s r h •,ri o f i II 28 lie t\, � 0�,.. � - '. S •a r+ �`J� Q J�'. Dennis h % J I ✓✓\^/\/ -' �' lllfff t4' /5 \\ (J\/ ��'\ I , '1 �_ . �I� -i/a •.jot /� � a�, :. /�\ � / �.\ O �Jo� r \� ` / ' I v NG � •�' .� Q� �I � O I (i° U LOWER __ Winkle �� /�� � c �' a � � -/ -I-13• .. � ii ,( 1y r=,�_ Imo° - _i:� �l i �ll it ii 11 %� // SWEETSER ENGINEERING 203 SETUCKET ROAD - P.O. BOX 713 — SOUTH DENNIS — MASSACHUSETTS 02660 TEL (508) 385-6900 E-MAIL sweetsereng@aol.com FAX (508) 385-6991 LAND SURVEYING — ENGINEERING — TITLE 5 SEPTIC SYSTEMS February 17, 2015 Conservation Commission Yarmouth Town Offices 1146 Route 28 South Yarmouth, MA 02664 Re: Variance Request File # 6973-00, 166 Blue Rock Road, South Yarmouth Dear Commissioners, This request for a variance is to locate an attached garage to an existing dwelling that will be less than 50' from the Top of a Coastal Bank. The top of bank runs immediately seaward of the existing dwelling leaving a slightly elevated plateau with the remaining property gently sloping to the street. Any runoff is directed away from the top of bank having no effect on the resources. The area of the proposed garage is already disturbed with an existing structure and driveway with turn- about. We look forward to meeting with you to discuss this request. Very truly yours, Robin W. Wilcox, PLS ALTERNATIVES ANALYSIS 166 BLUE ROCK ROAD, SOUTH YARMOUTH 1. Proposed Project 2. Move Addition Elsewhere 3. Do Nothing Proposed project attaches to existing dwelling in an area that is already disturbed. The existing driveway will need minor re -alignment. No utilities will need to be relocated. To move the addition will leave it inside the Riparian Zone. A new driveway would need to be constructed and some utility work may be needed. To do nothing leaves the vehicles still being parked on the driveway within the Riparian Zone. CONSTRUCTION PROTOCOL & EQUIPMENT LIST The project will require placement of erosion control measures. Minor clearing of the area and removal of the existing appendage, excavation of the proposed foundation and installation of the footings and foundation walls. The project will then need to be backfilled and the site rough graded. Construction of the proposed addition once completed will allow the installation of the driveway, fine grading and landscaping. Equipment needed for this project includes (but not limited to): Excavator, loader, specialized trucks, miscellaneous and power tools, a dumpster, asphalt spreader, roller and port a potty. All of the equipment may be stored in the front yard even in a storm event. O; 01 MATTA n [SE �4400..ti0�4-0�t7 Site accels,j Ja.wn DEPARTMENT OF CONSERVATION a/ If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: 166 Blue Rock Road, South Yarmouth Assessors Map/Lot: 101/158 I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Prot ction Bylaw (Cha 143). Authorized Signatur Date: --)� Please Print Name: Robin W. Wilcox If other than owner, please state whether tenant, agent, or other: Agent Mailing Address: Phone: 508-385-6900 Email: P.O. Box 713 South Dennis, MA 02660 sweetsereng@aol.com Cell: 508-367-4631 Fax: 508-385-6991 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 E' I r r�� , - - r �• Il�� T.Tj ♦ fSi.2114i[•�i`(��Ml�itrlt ail ! �iP' II' ru r� ^}) . Postage $ $0.49 0660 a cenitied Fee $3.30 088 n 0 Return Receipt Fee (Endorsement Required) $2.70 M Restricted Delivery Fee (Endorsement Required)a i t� ® a.,.+...a rt Gewu $6.49 O�,.II C Toter 1 - iC3 Sent Paul A Pecoraro Sr` 156 Blue Rock Road orP +�r South Yarmouth., MA 02664 . j i s ;" visit • , 10—4 Isu a 1' Postage $ $0.49 0660 Certified Fee •` '_ r ;.� •. 13.30 '• 0 Return Receipt Fee Postmarit Here $2.70 Here s : (3 (Endorsement Required) • , EM Restricted Delivery Fee (Endorsement Required) f $0• i ?O15 c O Toil"' -- �t!'t fJtji � sent Dnunmond C Chap -..�.----------- e, Ellen A Chapman - �- o SL�r p r- orPI 171 Blue Rock Road---------- crry South Yarmouth, MA 0266 (Domestic South Yarmouth, MA 02664 t ITIAILmq U1 (Domestic Mail Only, No Insurance Coverage Provided) .7- m , fr sTI A L U ru . . W Postage $ $0.49 0660 �l certified Fee M Return Receipt Fee •0 }] (Endorsement Required) $2.70 Hare i Restricted Delivery Fee i Q (Endar ement Required) $0.* pTotal P—f— R co« Ct $6.49 \ Q 17l222201=-Al M 'd C3 Sentr Russell E Benes Life C3 sereejz c/o Roy F & Francine A Hayes i r - or PO " 91 Queen Ann Way city s - -- Stoughton, MA 02072 f Postal1Postal ServiceTtit CERTIFIED ru ru I• onty, No insurance Coverage Provided),n 1 (Domestic Mail Only; No Insurance Coverage Provided) Ln r H ru • WE i#�� U rru � � l - Postage $ $0.91 0660 r q1 �l Postage $ $0.49 0660 Certified Fee Cedit;edFee $3♦30 0$ s:j f;.^r ri $3.30 019 rq ,,,'s, M Return Receipt Fee j ✓ fl Return Receipk Fee $h ?0 �. Here (Endorsement Required) $2.70 , Here 0 (Endorsement Required) 2. /� Q �' p i , ; i Restricted Delivery Fee i 09 Restricted t?e:ivey Fees { (Endorsement Required) $0.00 i ,7 " (Endorsement Required) ; - ' rr - ' 3 Total post tJ Total Postaae &Fees $6.91 jf�ge & Fees $6.49 021i7/cn1 x M sent Laura F. Riccio, Truste. `�'_ A rr-i Sent To Robert f Yoboccio ' - Blue Rock Road Realty Trust o �rPcia Barbara Yobaccio E] Suer �� orPr 185 Sycamore Drive ------------ or, 4 Rune Stone Road Westwood, MA 02090 South Yarmouth, MA 02664-1325 in • � ' ° L ni nj f 1 Postage $ $2.03 0660 � r'' � ? � Postage $ $O. RI 0660 . -- r -4 Certified Fee $3.30 {j j .C"' C7 Certified Fee $3.30x Retum Receipt Fee Postmark (Endorsement Required) $�.70 ReWrn Receipt Fee r� Postmark `. ' � M (Endors=Requved) $2•70 "�' Here Resfrkted Deiivery Fee ) (Endorsement Required) $0.00 ''-1`` Restricted Dsifvery Fee q r3 (EndorsemeM Required) $0.00rU w i" Totef Posfaae & Fees : $Qr, ijj T) r ��y/yq c r'q i t f fNls7 Iz . ``�� o -• Seat`i TTOWPostaoe &Fees it6• :i ... D.E.P. SERO ` , Sent sr{eE 20 Riverside Drive`'°' - ''A"" John Fedele ; ,`"_-_ - rA Sires - - — cm ' Route 105 r- or PG 16 Sullivan Street ---------- cry Lexington MA 02420 Lakeville, MA 02347 -_ ARM, YARMOUTH CONSERVATION COMMISSION ADDRESS: %��,� `��lC 'rZ APPLICANT: DATE OF MEETING: REPRESENTATIVE (if any):�� GREEN RECEIPTS: COMPLETE INCOMPLETE (explain) LEGAL AD $$: PAID NOT PAID (explain) TYPE OF HEARING NOTICE OF INTENT (NOI) REQUEST FOR DETERMINATION (RDA) Opening Opening NOT TENT (NOI) REQUEST FOR DETERMINATION (RDA) Continuation Continuation SE83- Z / 7 REQUEST TO AMEND AN ORDER Other: T)FC' TRTON- NOI roved Denied Continued RFD/RDA Neg # P "s. # o tinued Votes: (list last names) For: Bishop Carr [Zl1r Durkin Hoopes Johnston f Rauss Russano % 5 r Against Bishop Carr Durkin Hoopes Johnston Rauss Russano DISCUSSION: (approval conditions, denial reasons, continuation reasons) Z r�� 7 / Z- / �— / e� / -7 /,�; 2-t,,�, Muldoon, Kerry From: SERO_NOI (DEP) <sero_noi@state.ma.us> Sent: Wednesday, March 04, 2015 6:40 PM To: sweetsereng@aol.com; Odiaga, Christine (DEP) Cc: SERO_NOI (DEP); Muldoon, Kerry; SERO_NOI (DEP) Subject: MassDEP NOI File Number 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 Date: 03/04/2015 Municipality YARMOUTH 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 BLUE ROCK ROAD REALTY TRUST Address 185 SYCAMORE Owner DRIVE,WESTWOOD MA Address Locus 166 BLUE ROCK ROAD, YARMOUTH MA .. ........ ................. . ....... ... .............. ................. This project has been assigned the following file # : SE 083-2017 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: Regards, for MassDEP, (508)-946-2836 Christine. Odiaga(,State. MA.US 1