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HomeMy WebLinkAbout83-2025 - COC rq & voting sheetA BSC GROUP Transportation ■ Enemy ■ Land pevelopirnent information at (508) 778 - 8919. 349 Main Street September 12, 2017 (Route z8), unit D Sincerely, West Yarmouth BSC GROUP, INC. MA 02673 Town of Yarmouth Scientists Conservation Commission Custom Software Town Hall 1146 Route 28 Tel: 508 778 89t9 South Yarmouth, MA 02664 800-288-8123 Attn: Kelly Grant, Conservation Administrator Landscape cc: Jessies Lane LLC., Paul Butler, Sole Member, 679 Bloomfield Avenue, www.bscgroup.com RE: Request for a Certificate of Compliance, Construction of a Single-family Home, 152 Pawkannawkut Drive, So. Yarmouth, MA, BSC Job #49885.00 Planners Dear Ms. Grant and Members of the Conservation Commission, Please accept this Request for a Certificate of Compliance on behalf of the Applicant, Jessies Lane, LLC. Paul Butler, Sole Member, for his property located at 152 Pawkannawkut Drive in South Yarmouth (the Site). The proposed project at the Site includes construction of a single-family dwelling with a garage, Title V septic system, retaining walls, fill, utilities, and associated driveway. The soil absorption system has been installed as well as the other onsite drainage systems for roof run-off. The driveway has been changed from blacktop to clamshell with a shallower grading into the drainage areas. The trench drain was not installed because the garage foundation is lower than was initially proposed lessening the flooding issues. For more information, please refer to the attached Site Plans and Project Description. The project has been completed in significant compliance with the Order of Conditions. As such, we are requesting a Certificate of Compliance for this project. Enclosed please find the following information: 1. Town of Yarmouth Certificate of Compliance Checklist 2. WPA Form 8A - Request for Certificate of Compliance Form 3. Copy of the Order of Conditions 4. Locus Map 5. Copy of Site Plans Please review this Request for a Certificate of Compliance documenting compliance with the Order of Conditions and inform me if you have any questions or require additional information at (508) 778 - 8919. Engineers Sincerely, BSC GROUP, INC. Environmental Scientists Custom Software Matthew Cret o' Developers Associate / Proje anager Landscape cc: Jessies Lane LLC., Paul Butler, Sole Member, 679 Bloomfield Avenue, Architects Bloomfield, CT 06002 Planners Surveyors O' . Gi �n ry0,4TTALn CS[. adminbtudiue f] /) r DEPARTMENT OF CONSERVATION gg ff g j f ✓ %ijgj!ng&A: All filings must be made on Town of Yarmouth forms. All applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. Refer to Meeting Schedule Failure to follow the Administrative Checklist guidelines shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Contact the office if you need assistance. We will be happy to help guide you through the process. Sgfim4!jgg an ap,pacatim: I 1J 1 original application with original signatures 1 pdf of application, plan/sketch, and other supporting information emailed to kjzrant@yarmouth.ma.us Statement from Engineer or stamped As -Built plan, refer to 310 CMR 10.05(9)(d) V Local filing fee — Refer to fee schedule, Check payable to "Town of Yarmouth" 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 Upon completion of the work 3 authorized in an Order of Conditions, the property owner must request a Certificate of 4 Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. The project site is located at: 152 Pawkannawkut Drive Street Address Map 25 Assessors Map/Plat Number South Yarmouth City/Town Lot 52 Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: Dean Hickey Property Owner (if different) Barnstable County Certificate (if registered land) 5. This request is for certification that (check one): 181 Book 125 Page ® the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above -referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above -referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaformBa.doc --rev 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 8A — Request for Certificate of Compliance SE83-2025 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By-law, Chapter 143_ A. Project Information Important: When filling out 1. This request is being made by: forms on the Jessies Lane LLC., Paul Butler, Sole Member computer, use Name only the tab key to move 679 Bloomfield Avenue, your cursor - Mailing Address do not use the Bloomfield CT 06002 return key. City/Town State Zip Code Phone Number " � 2. This request is in reference to work regulated by a final Order of Conditions issued to: Dean Hickey Applicant 6/24/15 _ SE83-2025 Dated DEP File Number Upon completion of the work 3 authorized in an Order of Conditions, the property owner must request a Certificate of 4 Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. The project site is located at: 152 Pawkannawkut Drive Street Address Map 25 Assessors Map/Plat Number South Yarmouth City/Town Lot 52 Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: Dean Hickey Property Owner (if different) Barnstable County Certificate (if registered land) 5. This request is for certification that (check one): 181 Book 125 Page ® the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above -referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above -referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaformBa.doc --rev 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance SE83-2025 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By-law, Chapter 143 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http.11www.mass.govleea/agencies/massdeialabouticontacts/find-the-massdep-regional-office- for-your-city-or-town. htm I). wpaformBa.doc -- rev. 5/29/14 Page 2 of 2 Epic 29028 Ps l o X351 �3 07--22-2015 & 11 s 3i]vt Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2025 fes.^ WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 eOEPTransaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth not use the CityfTown A. General Information Please note: Yarmouth_ this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3_ To: Applicant: Requirements Dean _ - _ __. Hickey a. First Name b. Last Name Important: When filling out forms on c. Organization the 7 Fieldstone Drive computer, use only the _ d. Mailing Address tab key to _Shrewsbury move your e. City/Town cursor - do not use the 4. Property Owner (if different from applicant): return key. raa a. First Name -J ._...--- -- .._........ _-. c, Organization d. Mailing Address e. City/Town 5. Project Location: 152 Pawkannawkut Drivw a. Street Address Map 25 - - — c. Assessors Map/Plat Number Latitude and Longitude, if known: wpaform5.doc • rev, 11/12/2014 f. State b. Last Name f f. State - - 01545 g. Zip Code g. Zip Code _South Yarmouth t� City/Town Lot 52 d. P- -a' Number _ d m_ s d - m_ s d. Latitude e. Longitude Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: _ Bureau of Resource Protection - Wetlands sE83-2025 WPA Form 5 — Order of Conditions MassDEP Fife# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth_ city/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable _ a. County b. Certificate Number (if registered land) 181 12_5 --- __ — G. Book d. Page 5/7/2015 6/4/2015_ Cl6/24/2015 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land to Accompany a Notice of Intent 152 Pawkannawkut Drive in South Yarmouth, MA Site Plan BSC Group Inc._ Brian Yergatian__ b. Prepared By c. Signed and Stamped by 4/11/2015 _ V=10' d. Final Revision Dale 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. 0 Public•Water Supply b. ElLand Containing Shellfish c. El Prevention of Plit' d. ❑ Private Water Supply g. ElGroundwater Supply e. ElFisheries f t1. ® Storm Damage Prevention i i o u on ® Protection of Wildlife Habitat ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. Z 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 t':t Massachusetts Wetlands Protection Act M.G.L, c. 131, X40 Town of Yarmouth Wetland By-law, Chapter 143 B. f=indings (cont.) Provided by MassDEP: S E83-2025 MassDEP File # eDEP Transaction # Yarmouth_ city/7own 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 a. linear feet b-linearfeet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland s. ❑ 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 r_ square feet _ d. square feet a. square feet b, square feet c. square feet d. square feet e. c/y dredged f. Gy dredged a. square feet b. square feet c. square feet d, square feet e. cubic feet f. cubic feet a. square feet b, square feet c, cubic feet d. cubic feet a. total sq. feet b. total sq. feet c, square feet d. square feet g. square teet n. square ,eer g. cubic feet h. cubic feet e.. -cubic feet f. cubic feet e. square feet f. square feet i. square feet j- square feet wpaiorm5.doc • rev. 1,1/12/2014 Page 3 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: SE83-2025 MassDEP File # e€]EP transaction # Yarmouth City/Town Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) a. cly dredged b. c/y dredged 21. ® Land Subject to 11350 11350 Coastal Storm a. square feet b. square feet Flowage wpaformMoc • rev. 11/1212014 Page 4 o1 12 Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ 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 dredgedu do/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�. �fet--- cu yd _ _ _ ens 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 feel 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. Uy 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 a. cly dredged b. c/y dredged 21. ® Land Subject to 11350 11350 Coastal Storm a. square feet b. square feet Flowage wpaformMoc • rev. 11/1212014 Page 4 o1 12 * #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 feel of salt marsh 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 the additional regulatory measures, shall be deemed cause to revoke or modifythis Order. g 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 6/24/2015 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. wpaformS.doc • rev. 1111212014 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2025_ MassDEP File #WPA Ll Form 5 - Order of ConditionsMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town 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 feel of salt marsh 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 the additional regulatory measures, shall be deemed cause to revoke or modifythis Order. g 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 6/24/2015 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. wpaformS.doc • rev. 1111212014 Page 5 of 12 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" for, "MassDEP"] "File Number SE83-2025 " 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. wpalorm5.doc • rev, 1 111 21201 4 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by Mass[DEP: Bureau of Resource Protection - Wetlands SE83-2025 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# 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 Department of Environmental Protection" for, "MassDEP"] "File Number SE83-2025 " 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. wpalorm5.doc • rev, 1 111 21201 4 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP; LlBureau of Resource Protection - Wetlands SE83-2025 WPA Form 5 --Order of Conditions MassDEP FiIE# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ;DEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth _ clly/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. 11/1212014 Paye 7 of 12 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 5Order of ConditionsMassachusetts Wetlands Protection Act M.G.L, c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: S_E8_3-2025 M _ -SSDEP File # eDEP Transaction # Yarmouth Cily/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: L) 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. wpalormUcc • rev. 11/1212014 Page 8 of 12 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(l 1), 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, 11/1W014 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2025 T.WPA L4� Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _JD EP PTransaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth C(tyffown 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(l 1), 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, 11/1W014 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: _SE83-2025 MassDEP File # eDEP Transaction # Yarmouth l,l tyr 1 V W( 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 1.43_ 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): _ pac,Special.__ tions pages 10A,1013 (etc...) of 12 See attachedtext pages, Condi _ wpafofm5Aoc • rev. 11712!2014 Page 10 of 12 WPA FORM 5 -ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2025, Dean Hickey 152 Pawkannawkut Drive, 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. SE83-2025 WPA FORM 5 -ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 1013 OF 12 SE83-2025, Dean Hickey 152 Pawkannawkut Drive, South Yarmouth, MA 8. 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 storal damage to abutters other property owners or wetland Resource Areas. 9. 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. 10. 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. 11. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous concrete, rubber, metal, trash, boulders, etc. Boulders will be allowed in specific instances if part of the project design. 12. A "work limit" line shall be established with 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. Immediately upon completion of the exterior construction and grading, permanent stabilization landscaping sball be carried out in order to minimize erosion. 14. The design engineer (Massachusetts registered professional engincer or land surveyor) will certify, with a stamped as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. The as -built plan shall indicate the dwelling location, hardscape, grades, distances to the resource areas as described in the application and approved plans. Any other applicable information or deviations from the approved plan shall be identified and informed to the Commission. The as -built plan shall include the Yarmouth Building department's approval for foundation location on the plan. SE83-2025 Massachusetts Department of Environmental Protection LlBureau 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. SE83-2025 MassDEP File # eDEP Transaction # Yarmouth CityfTown 6 �y joi5 1. Date of Issuance 5 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ❑ k by hand delivery on Date F. Appeals J,� 5< by certified mail, return receipt requested, on 6 Date 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 BARNSTABLE REGISTRY OF DEEDS Page 11 of 12 John F. Meade, Register Document Path: IlbscboslyarlGIS-YARIGISPg1498850110utputlMapslMXDIWorkingMaps18.5x11_LOCUS.mxd Date Saved: 911112 01 7 12:15:32 PM 7iYW'T61W 7014W'W 70.13'30"W 70'13'0"W 70.12'30"W 70`72'0"W +,, { R`x. Horses `' o _`` .� •�,J s. Cf m • s I sea0 - • } +x - ate iver. r 4 Pon Site Location Tidal _ I Onv!•In r, ♦r[* i• Treater lu' a �t - i t B Rlwr A 0 Imo.. Q 4 8 ch 2 2 ` ± - +St I Parker* River 2 Beach 1 wood "' s d LewisThacke _ - 6 - -' Pond r* i -� •1 r Tidal Flat J go - Y `rx�� io Sea ull a/ z z , � 6h q o :, s G7 ' 0 fa r r 3 f $ zz 7 J n i - v Copyright:© 2013 National Geographic Society, i -cubed 70014'30"W 70`14'0"W 70"1330"W -/6-6.0-w 70°12'30"W 70°12'0"W Scale: 1:24,000 N 152 PAWKANNAWKUT DRIVE Source: USGS 1982-1990 1 in = 2,000 ft SOUTH YARMOUTH 0 1,000 2,000 USGS Site Locus Map me (jI"OOI, Feet THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING 8 INFORMATION PURPOSES ONLY ALL MEAS UREMEN 1 S s wca uoNs ARE APPRuxIMAI E I CERTIFY TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, INFORMATION >- AND BELIEF THAT THE LOT CORNERS, LOT37 LOT DIMENSIONS AND SETBACKS TO THE 40 STRUCTURE AS DETERMINED BY N RIP RAP DRAINAGE INSTRUMENT SURVEY AND AS SHOWN ON I I � ` DRAINAGE CHAMBERS THIS PLAN ARE CORRECT. D BASIN 106.62' jAAAA S86'31'10"W tjOF i LAWN ....... ....... ` 0 s CRAIG A. l �s _czS FIELD N I r O 16.0'x..,.1 No.38039 p METER ' I cm 5.8 5.6 6.0 -1 Al It4h ;. `""° KELP CLAM SHELL 7.6'`"' DRIVEWAY GARAGE ��� _ FOUNDATION LANE T3 -�• �� Q- / % I p SLAB=7.6 S: PROFS SIGNAL LAND SURVEYOR DATE 6.25 30,5' I - o N �! C(7 Z I V N LAW u 1 I o, 00 -- ;;; I .-n STOti' co II I ? J 30.3' DWELLING; z ' R_i_ C.rL It FOUNDATION I O 2nd & 3rd FF=12.0 } s I STORY DECK rr rh I I OVER PORCH r I I� � _ �L •xfLti If ' 0.6" S - ' I GAS METER �OVERED x X? s: .: :04 LOT36 RCH_ 0 000 `` o 04 LOT 11,500± S.F. 41 3 I _X �c, LAWN 34.7' — s -- aii�\ I OD- ] . RIP RAP ?\ DRAINAGE 3' LAWN BASIN Iv 585.39' 10'E RIDGE HEIGHT ABOVE I a, NATURAL GRADE AT STREET .• ��6 �� — 0 34.5' (35' ALLOWED) I 0 GA TE WA y p C-91 I (40' wiole) I - -�_ E I / 0 LA GOON III I LOCUS INFORMATION CURRENT OWNER: JESSIE'S LANE LLC PAUL BUTLER TITLE REFERENCE: 29209-227 PLAN REFERENCE: 181-125 ASSESSORS MAP: 25 PARCEL: 52 ZONING DISTRICT: R-25 SETBACKS: FRONT 30' SIDE 15' REAR N/A MIN. LOT SIZE: 25,000 S.F. LOT AREA: 11,500± S.F. ZONE II: NOT A ZONE II FEMA FLOOD ZONE DISTRICT: AE, ELEV 11 7-16-2014 25001CO588 J CERTIFICATE OF COMPLIANCE SITE AS -BUILT AT #152 PAWKANNAWKUT DR. SOUTH YARMOUTH MASSACHUSETTS PREPARED FOR: JESSIE'S LANE, LLC Mr. PAUL BUTLER 25 JEROME AVE BLOOMFIELD, CT A &K GROUP 349 Route 28 West Yarmouth, Massachusetts 02673 508-778-8919 ©2017 esc croup, Inc. Scale: 1'= 20' 1Date: 9-11-2017 File: P:\Prj\49815.01\9885—SAB.0WG Dwg. No: 8288-0 Filed: at Job No.: 49885.01 1 1 1 of 1