The URL can be used to link to this page

Home My WebLink AboutCOC request 28 Lots Hollow Road | Orleans, MA 02653 Tel:(508)255-1113 | Fax:(508)255-9477 August 2, 2023 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: Certificate of Compliance Request 10 Marsh Point, Yarmouth Port SE File #: SE83-2224 Dear Ms. DiRienzo and Commissioners, On behalf of the applicant, Wilkinson Ecological Design Inc. (WED) submits this letter to request a Certificate of Compliance for the Order of Conditions SE83-2224, issued on 3/13/2020. The approved project included 7,115 square feet of vegetation management to remove invasive phragmites australis and any non-native, invasive, and aggressive plant species from the Bordering Vegetated Wetland. The initial scope of work was completed in May of 2020 with follow up activities taking place in the subsequent years as documented in the three annal monitoring reports submitted to the Conservation Commission. Special Condition #15 required a tree to be planted as replacement for a tree the former Agent, Kelly Grant, found to be missing using historical aerial photographs. This work was performed by the previous owner of the property and, further investigation shows the tree had died prior to removal. Email communication with the former Agent is attached to this request letter, along with the historical aerial showing the decline and death of the trees as was requested. At this time, WED believes that the project is in substantial compliance with the Order of Conditions and recommends that Yarmouth Conservation Commission grant a Certificate of Compliance. WED requests an ongoing condition for follow-up management to stop the reintroduction of invasive and non-native plant species, such as Phragmites australis, within the project area. This proposed maintenance would consist of hand removal or treatment of any State-listed invasive or non-native plants species that are observed establishing in the project areas. This ongoing condition will ensure the restoration area continues to be monitored and managed accordingly for invasive plant re-sprouts while the native plant communities continue to evolve and mature. Thank you for your consideration in this matter and please let me know if you have any questions. Regards, Steve LaBranche Project Manager Wilkinson Ecological Design 2010 – Image showing the poor health and thin canopy of the tree in question. 2015 – Image showing complete loss of tree canopy. 2016 – Image showing the removal of the dead tree, prior to the current owner purchasing the property in 2017. * Images sourced from Google Earth Tree in poor heath Dead tree with no canopy Dead tree removed 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: SE83-2224 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: Wilkinson Ecological Design, Inc. Name 28 Lots Hollow Road Mailing Address Orleans City/Town MA State 02653 Zip Code (508) 255-1113 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Thomas & Rebecca Killion Applicant 3/13/2020 Dated SE83-2224 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: 10 Marsh Point Street Address Yarmouth Port City/Town 149 Assessors Map/Plat Number 68 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 213976 Lot 7 LCP 36175-B 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: SE83-2224 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). From:Steve LaBranche To:Emma Hoser Subject:FW: 10 Marsh Point Date:Monday, June 26, 2023 1:57:04 PM From: Steve LaBranche <Steve@ecotoneinc.onmicrosoft.com> Sent: Saturday, April 04, 2020 12:51 PM To: Rebecca Wilkes Killion <rwkillion@me.com> Subject: FW: 10 Marsh Point From: Grant, Kelly <KGrant@yarmouth.ma.us> Sent: Wednesday, March 18, 2020 10:26 AM To: Steve LaBranche <Steve@wilkinsonecological.com> Subject: RE: 10 Marsh Point Hi Steve I can’t speak for the Commission but given these facts it would be likely that they would not require a replacement tree. I would document what you have just outlined with images and I will add it to the file for when a COC is requested in the future. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Steve LaBranche [mailto:Steve@wilkinsonecological.com] Sent: Monday, March 16, 2020 11:20 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: 10 Marsh Point Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hi Kelly, I hope that you are staying safe during this crazy time. I have a question about 10 Marsh Point. The Commission was asking about the tree that is missing on the marsh side of the house. I spoke to the owners who bought the house in September of 2017. They said that there was never a tree there since they have owned it. In looking back at Google Earth images, it is clear that the tree was in bad shape in 2014 and in the image from 2015 it is clearly dead as all the other trees in the area are green. The tree is gone from the May 2016 image, more that a year before the current owners bought the property. Would this make any difference on whether the Commission requires a tree to be planted? Thanks for your help. Be well, Steve STEVE LABRANCHE /Project Manager W ILKINSON E COLOGICAL D ESIGN, INC. 28 Lots Hollow Road | Orleans, MA 02653 T 508-255-1113 | C 508-246-9209 Confidentiality Notice: The information contained in this message and any attachment may be proprietary, confidential, and privileged or subject to the work product doctrine and thus protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it and all copies and backups thereof. Thank you.