HomeMy WebLinkAboutRecorded OOCBk 34014 Pg150 #25878
04-15-2021 @ 09:27a
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2213
Bureau of Resource Protection - Wetlands eDEP Transaction #:1159596
WPA Form 5 - Order of Conditions CityJown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General information
1. Conservation Commission YARMOUTH
2. Issuance
a. F OOC
b. r- Amended OOC
3. Applicant Details
a. First Name
JAMES/TAM�Ii Y
b. Last Name
c. Organization
d. Mailing Address
PO BOX 877
e. City/Town
SOUTH YARMOUTH
f. State MA
4. Property Owner
a. First Name
JAN ES✓TAMMY
b. Last Name
c. Organization
d. Mailing Address
PO BOX 877
e. City/Town
SOUTH YARMOUTH
f. State MA
5. Project Location
a.Street Address
66 NOTTINGHAM DRIVE
b.City/Town
YARMOUTH
c. Zip Code
d. Assessors
Map/Plat#
134
e. Parcel/Lot##
f. Latitude
41.72154N
g. Longitude
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
BARNSTABLE 514
7.Dates
a. Date NOI Filed: 11/21/2019 b. Date Public Hearing Closed: 5/21/2020
8. Final Approved Plans and Other Documents
SABEN
g. Zip Code 02664
SABEN
g. Zip Code 02664
02675
A5
70.20974W
d. Page
49
c. Date Of Issuance: 6/5/2020
a. Plan Tltie. b. Plan Prepared by: C. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
EXISTING
CONDITIONS SITE DAN OJALA, DOWN
PLAN OF 66 CAPE 3/23/2020
NOTTINGHAM ENGINEERING
DRIVE
PROPOSED
LANDSCAPING
THE SA13EN PHILIP L CHENEY 5/21/2020
RESIDENCE 66
NOTTINGHAM
DRIVE
B. Findings
I Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10 * ELECTRONIC COPY
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
Bk 34014 Pg151 #25878.
Provided by MassDEP:
MassDEP File #:083-2213
eDEP Transaction #:1159596
City/Ibwn:YARMOUTH
Following the review of the 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.
Check all that apply:
a. r Public Water Supply b. W Land Containing Shellfish c. W Prevention of Pollution
d. W Private Water Supply e. F7 Fisheries f. W Protection of Wildlife Habitat
g. W Ground Water Supply h. Storm Damage Prevention i. r Flood Control
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
a 171 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.
Denied because:
bT 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 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. r 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 interests of the Act, 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(5)(c).
Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland
3'� resource area specified in 310CMR10.02(l)(a). a. linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
!
a. linear feet b. linear feet c. linear feet d. linear feet
5.I'- Bordering Vegetated Wetland
a. square feet b. square feet c. square feet d. square feet
6. f- Land under Waterbodies and Waterways
a. square feet b. square feet c. square feet d. square feet
e. c/y dredged f. c/y dredged
Page 2 of 10 " ELECTRONIC COPY
Bk 34014 Pg152 #25878
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2213
Bureau of Resource Protection - Wetlands eDEP Transaction #: 1159596
WPA Form 5 - Order of Conditions CityiTown.YAItMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
7.r -Bordering Land Subject to Flooding
Cubic .Feet Flood Storage
8. r" Isolated Land Subject to Flooding
Cubic Feet Flood Storage
93- Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
a. square feet
b. square feet
e. cubic feet
f. cubic feet
a. square feet
b. square feet
c. cubic feet
d. cubic feet
12. r- Barrier Beaches
b. total sq. feet
a. total sq. feet
c. square feet
d. square feet
g, square feet
h. square feet
c. square feet d. square feet
g. cubic feet h. cubic feet
e. cubic feet f. cubic feet
e. square feet f. square feet
i. square feet j. square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas
Indicate size under Land Under the Ocean, below
11.r' Land Under the Ocean
a. square feet b. square feet
c. c/y dredged d. c/y dredged
12. r- Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r- Coastal Beaches
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
14. r- Coastal Dunes
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
15. r' Coastal Banks
a. linear feet b. linear feet
16. r" Rocky intertidal Shores
a. square feet b. square feet
17.r` Salt Marshes
a. square feet b. square feet c. square feet d. square feet
18.r- Land Under Salt Ponds
a. square feet b. square feet
c. c/y dredged d. c/y dredged
19.I- Land Containing Shellfish
a. square feet b. square feet c. square feet d. square feet
Page 3 of 10 * ELECTRONIC COPY
Bk 34014 Pg153 #25.878
Massachusetts Department of Environmental Provided by MassDEP:
.Protection MassDEP File #:083-2213
Bureau of Resource Protection - Wetlands eDEP Transaction #:1159596
WPA Form 5 - Order of Conditions Cityrrown:YARMOUrH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Indicate size under Coastal Banks, inland Bank, Land Under the
20.7 Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways,
above
21.1 Land Subject to Coastal Storm Flowage
c. c/y dredged & c/y dredged
a. square feet b. square feet
22.
7 Restoration/Enhancement (For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered in Section B.5.c & d or B. 17.c & d above, please entered the additional amount here.
a. square feet of BVW
23.
T- Streams Crossing(s)
b. square feet of Salt Marsh
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement
stream crossings,
a. number of new stream crossings b. number of replacement stream
crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures,
shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other
applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either
of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish,
or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles, or parts of any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal
has been taken, until all proceedings before the Department have been completed.
Page 4 of 10 * ELECTRONIC COPY
Bk 34014 Pg154 #25878
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2213
Bureau of Resource Protection - Wetlands eDEP Transaction #:1159596
WPA Form 5 - Order of Conditions Cityrrown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 :"083-2213"
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 Mass DEP.
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 913 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a new
Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall
have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with
the conditions stated in this Order, and may require the submittal of any data deemed necessary by the
Conservation Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject
to this Order and to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the
boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.
Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been
issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized
with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During
construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall
remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to
require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers
shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project") is (1) 1-- is not (2)1✓ subject to the Massachusetts
Stormwater Standards. If the work is subject to 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 Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period
Page 5 of 10 * ELECTRONIC COPY
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
Bk 34014 Pg155 #25878
Provided by MassDEP:
MassDEP File #:083-2213
eDEP Transaction #:1159596
City/i'own:YARMOUn4
erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain
in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a
Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been
removed or will be removed by a date certain specified in the Certification. For any construction period
BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or
treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the
BMP has been properly cleaned or prepared for post construction operation, including removal of all
construction period sediment trapped in inlet and outlet control structures; ii.. as built final construction
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is
fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in
accordance with the plans (including all planting plans) approved by the issuing authority, and have been
inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation
associated with post -construction BMPs is suitably established to withstand erosion.
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 19(e)) shall execute
and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement")
for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation
and Maintenance Plan ("O&M Plan") and certifying the following: i.) the 0&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
onbterm pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater
Pollution Prevention Plan required by the National Pollutant 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 parry shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to
implement the requirements of Conditions 19(f) through 19(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.
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")
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Bk 34014 Pg156 #25878
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2213
Bureau of Resource Protection - Wetlands eDEP Transaction #:1159596
WPA Form 5 - Order of Conditions City/rown:YA.RMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
l) 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:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1.1s a municipal wetlands bylaw or ordinance applicable? 17 Yes i— No
2.The Conservation Commission here heck one that applies):
a.r- DENIES the proposed work which 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 or Conditions is issued. Which
are necessary to comply with a municipal ordinance or bylaw:
b. ,, APPROVES the proposed work, subject to the
following additional conditions.
1. Municipal Ordinance or YARMOUTH 2. Citation CHAPTER 143
Bylaw WETLAND BY-LAW
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:
THIS ORDER SHALL APPLY TO ANY SUCCESSORS AND ASSIGNS IN INTEREST OR CONTROL AND ANY
OTHER PERSON ENGAGING IN ACTIVITY ON TEE PROPERTY IDENTthIED IN THE NOTICE OF INTENT.
SEE ATTACHMENT FOR ADDITIONAL CONDITIONS.
Page 7 of 10 * ELECTRONIC COPY
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
Bk 34014 Pg157 #25878
Provided by MassDEP:
MassDEP File #:083-2213
eDEP Transaction #:1159596
CiVTown:YARMOUTH
E. Signatures
This Order is valid for three years from the date of issuance, unless otherwise
specified pursuant to General Condition #4. If this is an Amended Order of
Conditions, the Amended Order expires on the same date as the original Order of
Conditions.
6/5/2020
1. Date of Original Order
Please indicate the number of members who will sign this form. This Order must 1
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:
Kelly Grant
f by hand delivery on
r- by certified mail, return receipt requested, on
Date Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order,
or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the
appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by
certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for
Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date
of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to
demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means
the submission of written information to the Conservation Commission prior to the close of the public hearing,
requesting a Superseding Order, or providing written information to the Department prior to issuance of a
Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order
does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act
(M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (3 10 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
Pape 8 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
MTA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
regulations, the Department has no appellate jurisdiction.
Bk 34014 Pg158 #25878
Provided by MassDEP:
MassDEP File #:083-2213
eDEP Transaction #:1159596
Cityffown:YARMOUTN
G. Recording Information
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:
66 NOTTINGHAM DRIVE
Project Location
Has been recorded at the Registry of Deeds of:
for:
County
Property Owner JA ff—VrAMMY SABEN
and has been noted in the chain of title of the affected property in:
083-2213
MassDEP File Number
Book Page
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
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Bk 34014 Pg159 #25878
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2213
Bureau of Resource Protection - Wetlands eDEP Transaction #:1159596
WPA Form S - Order of Conditions City/Town.YARM0LrrH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Signature of Applicant
R— 4,1120 1 o
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Bk 34014 Pg160 #25878
WPA FORM 6 -ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 10A OF 12
SE83-2213, James and Tammy Saben
66 Nottingham Drive, Yarmouth, MA
1. The applicant/owner shall be responsible for having a copy of the "Order of Conditions" on the job site
at all times and shall be responsible for insuring that all persons performing the permitted activity are
fully aware of its terms and conditions. Failure to do so may result in the revocation of these "Orders",
a fine or both.
2. The Conservation Commission, its agent(s) or assigned(s) shall have the express right of entry upon
the job site at all reasonable times for the purposes of establishing compliance with the "Order of
Conditions", "By -Laws" and "Regulations". Commission members and the Conservation Administrator
may acquire any information, measurements, photographs, observations and/or materials or may
require the submittal of any datafinformation 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. A `work limit" line shall be established with Erosion Controls (i.e straw bales, staked filter fabric, bark
mulch, "silt sacks," products made with rice straw, and other weed -free products or approved by the
Commission.) Hay bales are not allowed. It is the applicant's responsibility to implement and
maintain appropriate and adequate erosion controls measures throughout the construction process.
S. No work of any kind shall occur on the Resource Area side of the work limit line. This line shall be
established prior to any construction or work.
9. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous
concrete, rubber, metal, trash, boulders, etc. Boulders will be allowed in specific instances if part of
the project design.
10. Debris, including litter, shall be picked up immediately. 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. No debris shall be allowed in a Wetland or Waterway.
11. Washing of equipment/tools shall be done OFF-SITE or handled in a manner appropriate by the
Conservation Administrator.
12. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area.
13. Grading shall be accomplished so that runoff shall not be directed to the property of others. The
project shall not increase runoff, nor cause flooding or storm damage to abutters other property
owners or wetland Resource Areas.
14. Any area that is disturbed during construction shall be revegetated immediately or as soon after as
the growing season commences, with appropriate native plantings. Permanent stabilization shall be
carried out in order to minimize erosion.
Bk 34014 Pg161 #25878
WPA FORM 5 -ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 1013 OF 12
SE83-2213, James and Tammy Saben
66 Nottingham Drive, Yarmouth, MA
15. 310 CMR 10.30(3) promulgated under MGL G. 131, s. 40, requires that no coastal structure, such as
a bulkhead, revetments or seawall shall be permitted on an eroding bank at any time in the future to
protect the project allowed by this Order of Conditions. This condition shall be an ongoing in
perpetuity and does not expire with the issuance of the Certificate of Compliance. (Work on a coastal
bank only)
16. A buffer of native vegetation shall be planted per the approved plan. The buffer of native vegetation
shall be left UNDISTURBED. This is an on-going condition, in -perpetuity, that does not expire with the
issuance of a Certificate of Compliance. The applicant must wait until the 2nd, growing season is
complete before the Request for a Certificate of Compliance is submitted. During this time period, the
Commission/Conservation Administrator may require additional plantings if it is determined that any
specimens are dead or dying and need replacement.
17. No lawn shall exist beyond that shown on the approved plan. This is an on-going condition, that does
not expire with the issuance of a Certificate of Compliance.
18. Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the
wetland resource area. This is an on-going condition that does not expire with the issuance of a
Certificate of Compliance.
19. The content of water in swimming pools can be detrimental to wetlands plant and animal species. To
remove harmful chemicals it is the applicant's responsibility to leave the pool water standing without
the addition of chlorine for a minimum of three (3) days before draining. In this way chlorine
concentration will be significantly reduced due to volatilization. All pool water, wherever possible,
shall be drained through a dry well, rather than allowed to spread over the surface of the land. Salt
water pools must be pumped to a tank and disposed of at a different location. The Conservation
Commission Office shall be notified prior to draining and shall approve the method of draining.
20. A stamped "As Built Plan" shall be certified by the Design Engineer (Massachusetts registered
Professional Engineer or land Surveyor) and will certify that this project has been completed in
accordance with the "Order of Conditions" before a Certificate of Compliance will be issued. The as -
built plan shall indicate the structure location, gradients, distances to the resource areas, and other
pertinent information described in the application and approved plans. Any deviation from the
approved plan shall be identified.
21. Upon completion of the project, a "Request for a "Certificate of Compliance" shall be submitted by the
applicant to the Conservation Commission for review. The "Order of Conditions" shall be considered
incomplete until the "Certificate of Compliance" is issued by the Conservation Commission and
recorded at the Registry of Deeds.
Bk 34014 Pg162 #25878
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
LLI I I WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
71
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:
SE83-2213
MassDEP File #
eDEP transaction #
Yarmouth
CityrTown
6/5/2020
1. Date of Issuance
1 see vote
Z Nurnber of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be marled 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:
Doc: 014,196
❑ by hand delivery on
Date
F. Appeals
® by certified mail, return receipt
requested, on
6/5/2020
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 Departmerrt, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.030 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 dose of the public hearing, requesting a Superseding
Order, or providing written information to the Department priorto 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.
wpafam5.doc • rev. 11/1=014 Page 11 of 12
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED & RECORDED ELECTRONICALLY