HomeMy WebLinkAboutOrder of Wetlands Conditions 08-24-2018 •
Doc: 173537027 08-24-2018 8:27
BARNSTABLE LAND COURT REGISTRY
•
D ORIGINAL
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SE83-2164
MassDEP File#
W — Order of
1 Massachusetts
PAForm We5etlands Protection Act M.G.L.Conditions c. 131, §40 eDEP Transaction
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
City/Town
A. General Information
Please note: Yarmouth
en has 1.From:
been
modified Conservation Commission
Wilt added 2.This issuance is for
spare to a.®Order of Conditions b.0 Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds a.To: Applicant: . •
Requirements
William M.&Llsa A. Pezzoni
a.First Name b.Last Name
When filling
out forms on C.Organization
the 1 Admiral Lane
computer. d.Mailing Address
use only the
tab key to Southborough MA 01772-1836
move your e.City/Town 1.State g.Zip Code
Cursor-do
not use the 4.Property Owner(if different from applicant):
return key.
. iMI a.First Name b.Last Name
c.Organization
O.Mailing Address ••
e.City/Town f.State g.Zip Code
5.Project Location:
60 Alms House Road Yarmouth Port
a.Street Address b.City/Town
140 41
c.Assessors Map/Plat Number d.Pereel/Lot Number
Latitude and Longitude,if known: 41d43m06.4s 70d14m18.2s
d.Latitude e.Longitude
wpar«ms.doc•rev.11n2/2014 Page 10112
Massachusetts Department of Environmental Protection Provided by MassDEP:
•
Bureau of Resource Protection-Wetlands SE83 2164
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 eDEPTransaction#
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
Ciyrrorm
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Barnstable 203636
a.County b.Certificate Number(if registered land)
c.Book d.Page
T. Dates: 6/7/18 6/21118 7/2/18
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 of 60 Alms House Road
a.Plan Title
Down Cape Engineering,Inc. Daniel A.Ojala,PE,PLS
b.Prepared By c.Signed and Stamped by
5/7/18 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. G Land Containing Shellfish °' ® Prevention of
Pollution
d. G Private Water Supply e. G Fisheries f. G Protect
n of
Wildlife Habitat at
g. G Groundwater Supply h. G Storm Damage Prevention I. G Flood Control
2. This Commission hereby finds the project,as proposed,Is:(check one of the following boxes)
Approved subject to:
a. G 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.
•mtlorms.doe•r.v.11/12/2e1. Page z or12
LMassachusetts Department of Environmental Protection Provided by MassDEP:
NI, Bureau of Resource Protection-Wetlands SE83 2164
fdassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L c. 131, §40 eDEPTransadion#
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
cltyrTown
B. Findings (cont.)
Denied because:
i
b. 0 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. 0 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. 0 Bank a.linear feet b.linear feet c.linear feet d.linear feet
5. 0 Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. 0 Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cry dredged f.dy dredged
7. 0 Bordering Land
Subject to Flooding a.square feet b.square feet a square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. 0 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. 0 Riverfront Area
a.total sq.feet b.total sq.het
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet L square feet J.square feet
wpefonn5.0c•ov.11112R014 Papp I o112
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands 3E83-2164
MassDEP File LWPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L c. 131, §40 eDEPTrensacaon#
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
to. 0 Designated Port Indicate size under Land Under the Ocean,below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.dy dredged d.dy dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
13. 0 Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment
cu yd cu
14. 0 Coastal Dunes a.square feet b.square feet c.nourishment d.nourishment
15. 0 Coastal Banks a.linear feet b.linear feet
16. 0 Rocky Intertidal
Shores a.square feet b.square feet
v. 0 Salt Marshes 0
a.square feet b.square feet e.square feel d.square feet
is. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.dy dredged d.dy dredged
19. 0 Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. 0 Fish Runs Indicate size under Coastal Banks, Inland Bank,Land Under
the Ocean,and/or Inland Land Under Waterbodies and
Waterways,above
a.dy dredged b.dy dredged
21. Si Land Subject to 15,000 15,000
Coastal Storm (most b.square feet
Flowage
rpaNms4oc•rev.11/1212014 Papa a Din
L.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SE83 21sa
Ma55Dt P Fila#
WPA Form 5 — Order of Conditins
Massachusetts Wetlands Protection Act M.G.L. Co. 131, §40 eDEP Transaction#
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
cityfrown
B. Findings (cant.)
project attIf er 22. 0 Restoration/Enhancement I%
the purpose of
restoring or a.square feet of BVW b.square feet of salt marsh
enhancing a
wetland 23. 0 Stream Crossing(s):
resource area 9( )
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.S.c
(BW/)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 modifythis Order.
the additional 9 ry
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 eithet 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_unless extended In writing by the Department.
7. My 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,piaster,wire,lath,
paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the
foregoing.
wparong doc•m.11/181014 Pass 6 or 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SE83-2164
MassDEP 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
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 Departmental Environmental Protection'[or,'MassDEP')
'File Number SE83-2164 '
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.
wpab'nS.doc•rev.11!122014 Page 6012
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands sera z1s4
MassDEP File A
LWPA 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
catyfrown
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)
17. Prior to the start of work,and ii 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
L 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;
rp.ron.34.c•m.1lnNtovs - P.9.7 a112
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SEs
MassDEP EP FFil ile#
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
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. My failure of the
proposed responsible party to Implement the requirements of Conditions 18(0 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.
wwdmm5.doe•rev.11112/2014 - Pas.$or 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SEM-2164
MassDEP 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
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.
I) 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.
vpaFarm5.doe•rev.11n7/2014 Page 9of 12
Massachusetts Department of Environmental Protection Provided by MassOEP:
Bureau of Resource Protection-Wetlands se83 ztsa
MassDEP File#
I WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 eDEPTransaction#
Town of Yarmouth Wetland By-law. Chapter 143 Yarmouth
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes 0 No
2. The Yarmouth hereby finds(check one that applies):
Conservation Commission
a. 0 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)10A and 108 of 12
•
•
updormms.doc•r.v.11112/2014 Pigs 104E12
WPA FORM 5-ORDER OF CONDITIONS
SPECIAL CONDITIONS-PAGE 10A OF 12
SE83-2164,William and Lisa Pezzoni
60 Alms House Road Yarmouth, MA
1. The applicant/owner shall be responsible for having a copy of the"Order of Conditions"on the Job site at all times and
shall be responsible for insuring that all persons performing the permitted activity are fully aware of its terms and
conditions. Failure to do so may result in the revocation of these'Orders",a fine or both.
2. The Conservation Commission,its agent(s)or assigned(s)shall have the express right of entry upon the job site at all
reasonable times for the purposes of establishing compliance with the"Order of Conditions","By-Laws"and
"Regulations".Commission members and the Conservation Administrator may acquire any Information,
measurements,photographs,observations and/or materials or may require the submittal of any data/information
deemed necessary by this Commission for that evaluation.
3. A preconstruction review shall be arranged by the contractor with the Conservation Administrator and shall occur prior
to the commencement of any work.
4. Any change in the approved plan(s)shall require the Applicant to file,in writing,a notice of project change with this
Commission.The Commission will determine the significance of the change and determine whether administrative
approval or an"Amended Order of Conditions'is required.Should the project be changed without permission,or
found by the Yarmouth Conservation Commission to be altered In any way from the approved plan(s), all work will
Immediately cease until the project Is reapproved by the Commission.
5. The"Order of Conditions"is valid for three years from the date of issuance unless otherwise specifically noted In the
"Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration date of the
original Orders".Failure to do so will result in a new"Notice of Intent"fling.
6. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible fines.Fines
shall not exceed$300.00 per day/per violation.
7. 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 approved 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.
8. 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.
9. 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.
10. Debris, Including litter,shall be picked up immediately.My 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.No debris shall be
allowed in a Wetland or Waterway.
11. Washing of equipment/tools shall be done OFF-SITE or handled in a manner appropriate by the Conservation
Administrator.
12. No equipment shall be refueled,nor shall fuel be stored within 100 feet of a resource area.
13. The driveway shall be constructed of pervious materials such as crushed stone,gravel,seashells,or other similar
materials.This is an on-going condition that does not expire with the issuance of a Certificate of Compliance.
14. 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.At no time shall roof run off be directed to a wetland
resource area or abutting properties.
15. 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.
WPA FORM 5-ORDER OF CONDITIONS
SPECIAL CONDITIONS-PAGE 10B OF 12
SE83-2164, William and Lisa Pezzoni
60 Alms House Road Yarmouth, MA
16. My area that Is disturbed during construction shall be revegetated immediately or as soon after as the growing
season commences,with appropriate native plantings. Permanent stabilization shall be carried out in order to
minimize erosion. •
17. A 35 foot buffer strip of native vegetation shall be planted from the salt marsh. The buffer strip of native vegetation
shall be left UNDISTURBED.This is an on-going condition, In-perpetuity,that does not expire with the issuance of a
Certificate of Compliance.The applicant must wait until the 2nd,growing season(i.e.fall and spring)is complete
before the Request for a Certificate of Compliance is submitted.During this time period,the
Commission/Conservation Administrator may require additional plantings if it is determined that any specimens are
dead or dying and need replacement.
18. No lawn shall exist beyond 35 foot setback as shown on the approved plan.This Is an on-going condition, In-
perpetuity,that does not expire with the issuance of a Certificate of Compliance.
19. Landscape Debris, Including leaves,grass clippings, brush,or other shall not be allowed within the wetland resource
area.This is an on-going condition that does not expire with the issuance of a Certificate of Compliance.
20. A stamped'As Built Plan"shall be certified by the Design Engineer(Massachusetts registered Professional Engineer
or land Surveyor)and will certify that this project has been completed In accordance with the"Order of Conditions"
before a Certificate of Compliance will be issued.The as-built plan shall Indicate the structure location,gradients,
distances to the resource areas,and other pertinent Information described In the application and approved plans.Any
deviation from the approved plan shall be Identified.
21. Upon completion of the project,a"Request for a"Certificate of Compliance"shall be submitted by the applicant to the
Conservation Commission for review.The"Order of Conditions"shall be considered Incomplete until the'Certificate
of Compliance"Is Issued by the Conservation Commission and recorded at the Registry of Deeds.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SE83 164
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SE83-eDEP Transaction#
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
. CltylTown
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. 1.D a of nuance
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. ,pd the property ,� f
er,If•r erent
from applcant. 1 ..
Signatures:- - + " a A A�'t�<1+
til ibilas
-40940r r /e /' WP
❑ by hand delivery on 0 by certified mail,realm receipt
requested,on
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.
•P.m,m5.doe•N+.117/2014 Page 11 er 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands SE83-2164
1�^ MassDEP Fie# •
• 1/w�\` WPA m — Oio
MassachuseFortts Wetl5ands Protectionrderof ActConditM.G.L.c. 13ns1,§40 eDEP Transaction#
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
City/Town
G. Recording Information
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
Reglstrys 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:
60 Alms House Road SE83-2164
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
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
v.pararmsax•rev.nn2/20+e DARNE REGTRY OF DEEDS Pipitzau
lohaSTABLF.MeadeIS, Register BARNSTABLE COUNTY
REGISTRY OF DEEDS
A TRUE COPY,ATTEST
c.C“1. . Q._
JOHN F.MEADE,REGISTER
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2164
MassDEP File#
el it
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
City/Town
G. Recording Information
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:
60 Alms House Road SE83-2164
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
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:
Doc: 1 r 353 r 027 08-24-2018 8:27
Document Number BARt4S-TABLE LARD COURT R€GISTRY
Signature of Applicant
wpalorm5.doc•rev.11/12/2014 Page 12 of 12
Massachusetts Department of Environmental Protection
Bureau of DEP File Number:
Request for DepartmentalResourceProtection - Wetlands Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b.City/Town,Zip
c.Check number d. Fee amount
Important:
2. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions (Form 5A), or Notice of
limn 1(1 Non-Significance(Form 6)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other
projects)
❑ Superseding Determination of Applicability—Fee: $120
❑ Superseding Order of Resource Area Delineation—Fee:$120
weef0r115.4°c• rev.11/12/2014 Page 13 of 12
rii Massachusetts Department of Environmental Protection
eau Rce otection -Wetlands DEP File Number:
Bur
Requesof t for esourDepaPrrtmental Action Fee
Transmittal Form Provided byDEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
Send this form and check or money order,payable to the Commonwealth of Massachusetts,to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed.To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a
Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP
Regional Office(see http://www.mass.gov/eeafagencies/massdep/about/contacts/).
4. 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.
wpafonn5.doc• rev.11/12/2014 Page 14 of 12
4\
°hci = TOWN OF YARMOUTH
Board of
1146 UTE 28 SOUTH YARMOUTH,MASSACHUSETTS 02664-24451 Appeals
RO
Telephone(508)398-2231 ext.285,Fax(508)398-0836
August 3,2018
Dear Petitioner:
In accordance with Massachusetts General Laws, Chapter 40A, Section 11, enclosed is an
original Certificate of Granting of a Variance of the Board's decision with the proper certification
by the Town Clerk which is to be recorded by you at the Barnstable County Registry of
Deeds and/or Land Registration Office. Please ask the clerk to make you a copy of the
recorded decision as you must forward a copy of the recorded decision, to the Board of
Appeals and the Building Department, to the above address.
Sandi Clark
Office Administrator
Enclosures