HomeMy WebLinkAboutSE83-2233 recorded Order of Conditionsi
BARNSTABLE LAND COURT REGISTRY
Miassachusetts Department of Environmental Protection
_ Bureau of Resource Protection - Wetlands
WPA FormOrder of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-law, Chapter 143
Provided by MassDEP:
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
A. General Information
Please note: Yarmouth
this form has 1. Rum. Conservation Commission
been modified
with added 2. This issuance is for
Space to (check one): a. ®Order of Conditions b..❑ Amended Order of Conditions
accommodate
the Registry
of Deeds 3. To: Applicant:
Requirements
Important:
When filling
out forms on
the
computer,
use only the
tab key to
move your
cursor - do
not use the
return key,
pb
a. First Name
Blue Water Ltd Partnershi
c. Organization
20 North Main Street
b. Last Name
d. Mailing Address
South Yarmouth
MA
02664
e. City/Town
f. State
g. Zip Code
4. Property Owner (if different from applicant):
b. Last Name
a. First Name
Blue Water Limited Partnership and Edge of the Sea Inc
c. Organization
20 North Main Street.
d. Mailing Address
South Yarmouth
MA
02664
e. City/Town
f, State
g, Zip Code
5. Project Location:
291 and 301 South Shore Drive
Yarmouth
a. Street Address
b. City/Town
26
126 and 120
c. Assessors Map/Plat Number
d. Parcel/Lot Number
41d38m38s
70d12m10s
Latitude and Longitude, if known:
d. Latitude
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
��.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-law, Chapter 143
FU _` rIf,•
6.
7.
8.
Provided by MassDEP:
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Barnstable See attached information
a. County
b. Certificate Number (if registered land)
c. Book d. Page
4/22/2020 6/4/2020 6/9/2020
Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Site Plan Showing Proposed Beach Nourishment, Beach Maintenance at Blue Water
Resort, 291 South Shore Drive, Edge of the Sea Cottages 301 South Shore Drive
Cape Cod Engineering Bob Perry 6/5/2020
b. Prepared By c. Signed and Stamped by
6/5/2020 as noted
d. Final Revision Date
f. Additional Plan or Document Title
Me •
e. Scale
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:
® Prevention of
a. ® Public Water Supply b. E Land Containing Shellfish c. Pollution
® Protection of
d. ® Private Water Supply e. ® Fisheries f. Wildlife Habitat
g. M Groundwater Supply h. E 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
6. Property Recorded at the Registry of Deeds for
a. County b. Certificate c. Book d. Page
BARNSTABLE #291 138810 Lot C
LCP 14114-Al and
Lots 122, 1235 575 595 58 and 60
LCP 14114® (Sheet 2 & 3)
BARNSTABLE #301 138823 Lot 127, 128,
129, 130, 131 and 132
LCP 1411.4-D &.Lot 181
LCP 14114-J
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
B. Findings (cont.)
Provided by MassDEP:
SE83-2233
MassDEP File #
1200874
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
s. ❑ Land Under
Waterbodies and
Waterways
7. ❑ Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
s. ❑ Isolated Land
Subject to Flooding
Cubic Feet Flood Storage
9. ❑ 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
cl. 04u'Al V 1 ` u, va.,uul v -, -1 ....,....... _ I- -_. - -I -_...-
....... _........ _........ _._._........
.._.._
c. cubic feet
.... _.._.... _...... _.................... _...... ...
a. total sq. feet
c, square feet
._. ....... ...... _.............. .,.__......_.._
g. square feet
__....... _...... .................................. _...... _..... ........ .... _............... _..I.......... ........... __......................... I ...... .......
d. cubic feet e. cubic feet f. cubic feet
..... ... _................. __ _.._...
b. total sq. feet
._...._........_.........__.._.:__..._....__...
d. square feet
h, square feet
e. square feet
.......... I ....... ___......... - ............_..
i. square feet
f, square feet
J. square feet
wpafon5.doc - rev, 11/12/2014 Page 3 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
SE83-2233
"
WPA Form 5 — Order of Conditions
MassDEP File #
1200874
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction #
Town of Yarmouth Wetland By-law, Chapter 143
Yarmouth
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
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
Indicate size under Coastal Beaches and/or Coastal Dunes
12.
❑.
Barrier Beaches
below
®
Coastal Beaches
31500 31500 700 cu yd 700 cu yd
13.
a. square feet b. square feet c. nourishment d. nourishment
180 cu yd 180 cu yd
14.
®
Coastal Dunes
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
a. c/y dredged b, c/y dredged
21. ® Land Subject to 31500 31500 _
Coastal Storm a, square feet ^b, square feet
Flowage
wpaform5.doc • rev. 11/12/2014 Page 4 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
t` 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 Co
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:
SE83-2233
MassDEP File #
1200874
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 g 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 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 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:
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
C. General Conditions Under Massachusetts Wetlandsr ti n 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 SE83-2233 "
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
WPA Form 5 — Order of Conditions
7 _
.�
Bureau of Resource Protection -Wetlands
tMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-law, Chapter 143
Provided by MassDEP;
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
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
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
t LMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-law, Chapter 143
Provided by MassDEP:
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
w :e r �.- ww
,� ;
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.
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
it Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-law, Chapter 143
Provided by MassDEP;
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
C. General Conditions Under Massachusetts Wetlandsr t cti n 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:
SE83-2233
MassDEP File #
1200874
eDEP Transaction #
Yarmouth
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinanct
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 pa e(s) 10A, 1013 and 10C
wpaform5.doc • rev. 11/12/2014 Page 10 of 12
SE83-2233, Blue Water Resort and Edof Sea
291 and 301 South Shore Drive, Yarmouth MA
ge
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" filing.
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. Washing of equipment/tools shall be done OFF -SITE or handled in a manner appropriate by the
Conservation. Administrator.
8. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area.
9. Beach. fill material shall be of equal grain size and appropriate slope to avoid premature loss from the
beach and Impacts to near shore bottom habitat. Grain size analysis shall be provided prior to
nourishment activity. All beach nourishment material shall be placed above the MHW line to facilitate a
more gradual distribution of sediment, allowing mobile organisms to avoid the area of impact and
burrowing organisms to respond to a smaller sediment load.
10. No mechanical equipment, or vehicles shall be permitted on a bordering vegetated wetland, saltmarsh or
tidal flat during raking or nourishment work.
11. 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.
•A FORM 5-ORDER
SPECIAL CONDITIONS -PAGE 11
SE83-2233, Blue Water Resort and Edof Sea
291 and 301 South Shore Drive, Yarmouth MA
ge
12. The extent of the nourishment area shall be staked and approved by the CA prior to any nourishment
taking place. The CA shall be notified 5 business days in advance of the proposed nourishment to
attend a site visit. Material inspections of beach nourishment material shall be conducted during the
nourishment activity. Unsuitable material shall be removed from site.
13. One additional beach profile shall be provided for the west section of the property to provide baseline
profiles to evaluate the performance of the project.
14. Beach nourishment monitoring plan shall be provided to be approved by the CA. If proposed
nourishment should exceed 700 cubic yards in a single year or for the 3 year term of the permit,
additional review shall be required by the conservation commission.
15. Beach raking shall be conducted for the sole purpose of removing- excess seaweed and trash. Effort
shall be made to remove as little sediment (sand, gravel, and cobble) from the beach as possible to
minimize impacts and leave important substrate in place. Mechanical beach cleaning equipment, such
as Cherrington machines, shall only be used in high use areas and the frequency of their use should be
kept to a minimum.
16. All machinery should remain on the beach at least 10 feet seaward of dunes and any vegetation to
protect the stability and ecology of the area. The nourishment area will vary" year to year based on the
presence of dune vegetation and changes in dune extent.
17. Removal shall be focused on the areas of significant accumulations of nuisance seaweed, leaving a
sufficient wrack line on the beach to provide a seed source, nutrient source, and foraging habitat for
shorebirds and to help build the beach and dunes.
18. Mechanical rakes should be set to only skim the surface of the beach to avoid scraping or moving beach
sediments. Bucket loaders shall not be used to collect seaweed but can be used to transport seaweed
collected by hand or by rake -type machines.
19. A preseason meeting shall be held with the CA each year to review the conditions of the permit.
Conditions from NHESP
1) State -listed Species Protection. The applicant has the responsibility of protecting breeding Piping Plovers
and state -listed species of terns that may be on this section of beach. Therefore, the applicant must allow
regular monitoring for the presence of Piping Plovers and terns by a qualified shorebird monitor, as
determined by the Division, during the period April 1 — August 31 and shall allow any nests, scrapes, or
unfledged chicks to be protected with symbolic fencing (warning signs and twine fencing) for a period of 5
years. All fenced areas shall be managed in accordance with the Guidelines for Managing Recreational Use
of Beaches to Protect Piping Plover, Terns and Their Habitats in Massachusetts ("Guidelines").
2) Motorized Equipment: All motorized equipment on the beach during April 1 — August 31 must comply with
the ("Guidelines").
a. All use and staging of utility vehicles (for all non -emergency situations), Including distributing equipment to
lifeguard stations and ADA mats, must avoid areas of symbolic fencing.
SE83-2233, Blue Water Resort and Edge of Sea
291 and 301 South Shore Drive, Yarmouth MA
MA
b.All equipment, vehicles /non-emergenov\and beach rakes shall not travel within 1OOyards ofunfledged
Piping Plover chicks, unless qualified monitor is able to locate and track all unfledged chicks and guide the
vehicle.
3) Beach Raking: To protect state -listed species, any raking during April or May can only occur if a qualified
monitor, as determined by the Division, first has determined the locations of all terdtorial birds and those
banUodes have been fenced and are excluded from raking so -as not to doter pre -nesting birds. During AoM| 1
- May 15, the area used for beach recreation may be raked up to once per week for -litter and public safety
purposes. If atmte-||a1ad nesting birds are present during April 1 — August 31, then raking should occur as
infrequently as possible, it must be conducted outside of fenced areas and in accordance with the
Guidelines. If, duo to \rnrn|nent health
-or human safety ooncerno, mechanized cleaning must occur within1OOyardoofunOedQedch|oka.veh|o|aannuatbegu|dedbyoquaUfiednhorob|rdn]on|torwhohaehot
determined the locations of all unfledged ch*icks. Trash within fenced areas occupied by beach -nesting birds
should only be removed if it presents a hazard for birds or people. It must be removed by hand. Removal
should be conducted by, or under the immediate supervision of, a qualified shorebird monitor who has first
determined the locations ofall nests and unfledged chicks.
a. For the benefit of beach -nesting birds, from April 1 through August 31, mechanical beach cleaning that
reduces the amount of wrack (seaweed and other organic debris) at the tide line should be minimized. If
wrack is present in typical volumes and does not contain much human trash or present a health risk, it
should be left in place. Trash within the wrack line must be removed *by hand whenever feasible, leaving in
place the majority of the wrack. If copious amounts of wrack present a health risk or are a public nuisance
that necessitates removal, leave inplace etleast one-third ofthe fresh wrack from anormal tidal cycle to
provide foraging and sheltering opportunities for shorebirds.
4\Beach Nourishment:
o.T|nnoofYeorRes1dction:BeaohnouMohnnentoho||n01badapoo|teduponthecnemto|baaphordune
during the period of April 1 — August 31, to protect state -listed coastal birds.
b.. Slope: All beach nourishment shall be placed at a maximum steepness (slope) of I 0H:1V. Nourishment
placed atareduced slope /e.Q.15H:1V\|oapproved.
5) Authorization Duration. This authorization is valid for 5 years from the date of issuance and limited to the
project described herein.
6) Notice, Upon filing for renewal, extension, or amendment of the Orders of Conditions, the applicant shall
contact the Division for written response regarding impacts to Resource Area habitat of state -listed wildlife.
Any other Project orActivity not identified |nthe streamlined Notice -of Intent application and located within
Priority Habitat and Estimated Habitat as indicated in the Massachusetts Natural Heritage Atlas (14th
Edition) must be submitted to the Division for review and written approval prior to implementation.
Massachusetts Department
Bureau of • • •' - Wetlands
WetlandsWPA Form 5 - Order of Conditions
71 Massachusetts L Town of Yarmouth Wetland By-law,
Protection
Chapter
Provided by MassDEP:
SE'(_ � - 22 3
MassDEP File #
eDEP Transaction #
Yarmouth
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special c! it
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. r
This Order must be signed by a majority of the Conservation Commission, 2. Number of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
& (L ha( cy)gP l'.yt - f tL`1`) (yc //)7/
® by hand delivery on ❑ by certified mail, return receipt
requested, on
_ w �
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
L7.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-law, Chapter 143
G. Recording Informatiol
Provided by MassDEP:
SE83-2233
MassDEP File #
1200874
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:
291 and 301 South Shore Drive SE83-2233
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of;
Barnstable
County
for- Property Owner
Book
and has been noted in the chain of title of the affected property in:
:..
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:
Page
Document Number L)c)-_ = 1 r 398 r 195 i 6-16-2020 1 - 46
BARNSTABLE LAND COURT........._�..IE_�..I�Tt Y
---._......................_.........._............._.......-....-......................_......_._._..........._....._........_....._....................._..._.._............-._...-.........._._...................._.._............_.....................-......-_.................__._....._................-.
Signature of Applicant
wpaformUoc • 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.
r�
ietcrn
MassachusettsDepartmento• Protection
Bureau of Resource Protectionr •
Request for Departmental Action Fee
Transmittal
Massachusetts WetlandsProtection! 1
A Request
!* r
1. Location of Project
a. Street Address b. City/Town, Zip
DEP File Number.
Provided by DEP
c. Check number d. Fee amount
2. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
State
Fax Number (if applicable)
3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non -Significance (Form 6))!
Name
Mailing Address
City/Town
Phone Number
4. DEP File Number:
B. Instructions
State
Fax Number (if applicable)
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
wpatorm5.doc - rev, 11/12/2014 Page 13 of 12
1F 120.36
BARNSTABLE B LAND
COURT
;,^, REGISTRY
On April 2, 2020, the Yarmouth Conservation Commission met in open session through publicly
accessible video -conference software, pursuant to the Order Suspending Certain Provisions of the Open
Meeting Law, issued by Governor Charles D. Baker on March 12, 2020. At this duly held meeting, the
following action was taken by the Yarmouth Conservation Commission.
Motion: To authorize Kelly Grant, Yarmouth Conservation' Administrator, to physically sign Yarmouth
Conservation Commission documents on behalf of individual Yarmouth Conservation Commission
members for the duration of the COVID-19 State of emergency.
Vote:
Vice Chairman Dr. Tom Durkin— Aye
Commissioner Capt. Elinor Lawrence— Aye
Commissioner Philip Johnston —Absent
Commissioner Patricia Mulhearn— Aye
Commissioner Paul Huggins— Aye
Commissioner Rick Bishop— Aye
Chairman Edwin Hoopes— Aye
The above is a true and accurate account of the proceedings of the Yarmouth Conservation Commission.
zz��,. W"
Edwin Hoopes, Chairman
The Commonwealth of Massachusetts
County of Barnstable
Date
- On this of 2020, before me �of notary public), Edwin Hoopes
personally appeared and proved to me through satisfactory evidence of identification, which were
S OUi Yl �"�OC� Q.Q� , to be the person whose name is signed on the preceding
document, and acknowledged to me that he signed it voluntarily for its stated purpose.
STEPHANIE J. CAPPELLO
NOTARY PUBLIC
Commonwealth of Massachusetts
My Commission Expires
Novem er 12 2 2
i �Rn`_'TABLE G0tJN1 I,r' i
{i.Gl -'1I RY nF DEEDS
�IIF. ) )PY, ATTE,3T
` r9 EGiIST`=R
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register