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Home My WebLink AboutCOC request 10.27.2021 October 27, 2021 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Request for Certificate of Compliance, SE 83-1454, 8 Channel Point Drive, West Yarmouth, Massachusetts; BSC Job #50387.00 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request to for Certificate of Compliance (RCOC) on behalf of our client, John & Matt Spillane, for the property located at 8 Channel Point Drive, West Yarmouth (the Site). The permitted project at the Site involved the various landscaping and gravel driveways. The Order of Conditions (OOC), DEP File #SE83-1454, was issued on 7/6/1998. The Yarmouth Conservation Commission reviewed a request for certificate of compliance for this project at the 7/1/21 meeting and it was continued to the November 4th, 2021 hearing. The COC was not issued due to the fact that special conditions 8 and 9 of OOC (SE83-1454) had not been met; see attached letter from Yarmouth Conservation Commission dated 7-7-21. Special conditions 8 and 9 are listed below. Special Condition 8: All proposed lawn shall be at least 15 feet from the top of the coastal bank. Special Condition 9: The area between the top of the bank and the proposed lawn shall be densely planted with indigenous vegetative species. The client hired a landscaper to remove all lawn within 15’ of the top of the bank and to plant that area with the vegetative species listed below which were approved by Kelly Grant via email. 1. Beach plum – Prunus maritima 2. Sweet pepper bush – Clethra alnifolia 3. Bayberry – Myrica pensylvanica 4. Virginia rose – Rosa virginiana 5. Ink berry – Ilex glabra On October 13th 2021, Matthew Creighton of BSC, conducted an inspection and observed that the area within 15’ of the top of the bank had been densely planted with the above listed species. As such, BSC is submitting a request for a certificate of compliance to close out OOC SE83-1454. Yarmouth Conservation Commission October 27, 2021 Page 2 Enclosed in the Request for a Certificate of Compliance please find…. 1. Yarmouth COC Checklist 2. WPA Form 8A 3. Order of Conditions 4. Letter from Yarmouth Conservation 5. Site Photos This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection Bylaw. If you have any questions or need additional information, please contact our office at 508-778-8919. Sincerely, BSC GROUP, INC. Wetland Scientist cc: John & Matt Spillane, 125 Pleasant Street, Hyannis, MA 02601 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 Administrative Checklist Certificate of Compliance General Information: 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. Submitting an Application: ______ 1 original application with original signatures ______ 1 pdf of application, plan/sketch, and other supporting information emailed to kgrant@yarmouth.ma.us ______ Statement from Engineer or stamped As-Built plan, refer to 310 CMR 10.05(9)(d) ______ Local filing fee – Refer to fee schedule, Check payable to “Town of Yarmouth” DEPARTMENT OF CONSERVATION x x x x wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 DEP File Number: SE83-1454 Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. This request is being made by: John Spillane Name 125 Pleasant Street Mailing Address Hyannis City/Town MA State 02601 Zip Code Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: John Spillane Applicant 7/6/1998 Dated SE83-1454 DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3. The project site is located at: 8 Channel Point Drive Street Address Yarmouth City/Town 10 Assessors Map/Plat Number 14 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) Barnstable County Book Page 43252 Certificate (if registered land) 5. This request is for certification that (check one): 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. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 DEP File Number: SE83-1454 Provided by DEP 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://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html). N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y Photo 1: View looking along the top of the coastal bank at 8 Channel Point Drive in Yarmouth. Maintained lawn has been pushed back 15’ from the top of the bank, and the area between the bank and lawn has been densely planted with indigenous species. Photo 2: View looking along the top of the coastal bank at 8 Channel Point Drive in Yarmouth. Maintained lawn has been pushed back 15’ from the top of the bank, and the area between the bank and lawn has been densely planted with indigenous species. Site Photographs 8 Channel Point Drive Yarmouth, MA 10/13/2021 Page 1