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c aAALift 77A 1 I z& ,..... _ „„. .... ,.r ( EIVEIY Office Use Only kA I1A4- tS'Ii.' 4' 71 ( fitilynt :, ...1M64 1 , i Penniti/ e,p).-6-.) / Amount C?0-- 6/ .i Penult expires 180 days 6'0111 /3/-'1) -oz.5 -4d;q6,1/ ExPizp,i,ss nuILDING PERMIT APPLK,'ATION TOWN OF YARMOUTH Yarmouth Building Department 1146 Route 28 South Yarmouth, MA 02664 (508)398-2231 Ext, 1261 CONSTRUCTION ADDRESS:.‘ f/ itiote, ASSESSOR'S INFORMATION: ... ......,.. [Map: 5 parcel: 3 ... OWNER: . ' r — 46414 414(64 6ele..( littl- T(.5‘ 77/c7 i,i/vm..,, PRESENT ADDRESS TEL 11 CONTRACTOR: h4'CS Alikil- cie24 /4/-0 Wia S...j4;rle - NAME MARANO ADDRESS rut II &desidential ['Commercial . Est.Cost of Construction '' Home Improvement Contractor Lic.# /...3.5.75-g 7 Construction Supervisor Lie,# ( Workman's Compensation Insurance: (cheek one) 0 I am the homeowner 0 I am the sole proprietor g I have Worker's Compensation Insurance Insurance Company Name:A ow iiiii/.//- / Worker's Comp.Policyli *Vd /7441.) WORK TO BE PERFORMED i)eb,-? Tent U Duration ,....._ _ (Fire Retardant Certificate attached?) Wood Stove El Siding: ti of Squares Replacement windows:it Replacement doors: il Roofing: it of Squares (11)Remove existing*(max.2 layers) Insulation . ill ri old Kings Highway/Historic Dist. C1) Replacing like for like Pool fencing 1-1 _ __ _ ;The debris will be disposed of at: _ce::)-AITTS r-Ali 6 mention of Facility I declare under penalties of perjury that the st ten hits herein contained arc true and correct to the best of my knowledge and belief I understand OW any false answer(s) will be just cause for denial or rcvoc on of wlense and for prosecution under 6,1.0.1„Ch.268,Section I. i Applicant's Signature .... r Date: . _.....,.„._.... - Owners Signature ,, t i 'lin 1 --- iiimjedAP-0.-111151111r Approved IV:„_... a.--..igoe -.116... „„, Date: / / ..... --tii ding Officiawr signcll,- EMAIL ADDRTiSSE-th' Zoning District: I listorical District: i Yes I I No, Flood Plain Zone: t: Yes I, No Water Resource Protection District: Within 100 tl.of Wetlands: n Yes t I No I i Yes 11 No RECEIVED Office Use Only •Y1IR ' _ � NOV 29 2022 Permit Cy O . Amount gip—. ip—. E'd BU I tM yr Permit expires 180 days from Bv._. — /� issue date /3Z1��✓ c23 ---6d gC?d L/ EXPRESS BUILDING PERMIT APPLICATION TOWN OF YARMOUTH Yarmouth Building Department 1146 Route 28 South Yarmouth, MA 02664 (508) 398-2231 Ext. 1261 CONSTRUCTION ADDRESS: / ebrodt , si4 ,Z41 ASSESSOR'S INFORMATION: } Map: 5 Parcel: 3 OWNER: " e- g 3•1-n/k s (D su l 7 Not!4 ,4 d 6.W '"`"( In 7 7l c 7 NAME ^^PRESENT ADDRESSS j t,// TEL. # // CONTRACTOR: W'k-r- Jt 4, �'�/ � 'Y�`�. �X &P7 NAME MAILING ADDRESS TEL.# t'"esidential 0 Commercial p Est.Cost of Construction$ :✓�r/C��-'Y1 Home Improvement Contractor Lic.# /3. 0- 7 Construction Supervisor Lic.# g/(2 Workman's Compensation Insurance: (check one) 0 I am the homeowner 0 1 am the sole proprietor I have Worker's Compensation Insurance �g �-7 Insurance Company Name: 4077 "7/4-c ( Worker's Comp.Policy# C' 7/3�/4 i 4— WORK TO BE PERFORMED ,rein L /)#u Tent .L__t Duration (Fire Retardant Certificate attached?) Wood Stove 1 I Siding: #of Squares Replacement windows:# Replacement doors: # Roofing: #of Squares (❑)Remove existing*(max.2 layers) Insulation riOld Kings Highway/Historic Dist. Replacing like for like Pool fencing l *The debris will be disposed of at: 66 Location of Facility I declare under penalties of perjury that the statements herein contained are true and correct to the best of my knowledge and belief. I understand that any false answer(s) will be just cause for denial or revocation of my license and for prosecution under M.G.L.Ch.268,Section 1. yApplicant's Signature: Date: Owners Signature(or attachment) Date: Approved By: Date: Building Official(or designee) EMAIL ADDRESS: ,,r p ; �/, J, , JI a, Zoning District: 1C�- �fr Historical District: I:! Yes No Flood Plain Zone: I Yes C No Water Resource Protection District: Within 100 ft.of Wetlands: Yes No 1. Yes No The Commonwealth of Massachusetts :- _fib / wte= Department of lndustria1Accidents ���� 1 Congress Street,Suite 100 [.�= FT Boston,MA 02114-2017 %;.„.'� www tnass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print LeibIy Name (Business/Organization/Individual):/ 1117 , A/!-it t Address: aq 9 VA/ -e j --A--1/4( 1 City/State/Zip: 3 X, yt ,V4 1 ,oems." Phone#; i-77/ el ',L'7 Are you an employer? Check the appropriate box: Type of project (required): l.J am a employer with employees(full and/or part-time).* 7. New construction 2.4]I am a sole proprietor or partnership and have no employees wcrking for me in any capacity, [No workers'comp.insurance required.) 8- ��_�"Remodeling 3.—I am a homeowner doing all work myself [No workers'comp.insurance required.]t 9. E/]rDer[lolition 4.0 I am a homeowner and will be hiring contractors to conduct all work onI will 10 Building addition to property. ensure that all contractors either have workers'compensation insurance or are sol I1.[ Electrical repairs or additions proprietors with no employees, 5.0 I am a general contractor and I have hired the sub-contractors listed on the attached sheet 12 Plumbing repa rs or additions These sub-contractors have employees and have workers'comp. insurance.$ 13.Q Roof repairs 6.0 We are a corporation and its officers have exercised their right of exemption per MGL c. 14 Other 152,§1(4),and we have no employees.[No workers'comp. insurance required,] *Any appl icant that checks box#I must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. *Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. l Insurance Company Name: AJR ir-- Policy#or Self-ins.Lie./#: 44' - Y1&'7Q3 Vt70Z--a 4 Expiration Date: 3-' /z-.23 Job Site Address: V b,,4 L 2# % City/State/Zip: Atinez46 41/_ g76 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DLA for insurance coverage verification. • I do hereby certify under the p "" s and penalties of perjury that the information provided above is true and correct Signature: iL/li�/ Date: /( i-ZZ- Phone#: . 72( -'9 — Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2. Building Department 3.City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: Office of Consumer,Affairs and Business Regulation 1000 Washington Street-Suite 710 Boston,Massachusetts 02118 Home Improvement Contractor Registration • Type: LLC M J NAROONE CARPENTRY LLC. Registration: 135887 Expi 299 WHITES PATH retlon: 08/7412022 SOUTH YARMOUTH,MA 02664 Update Addaaa and Return Card, o/nc.ofeensurr.r Brain...R.ocletion HOMEIMPROVEMEEMENT CONTRACTOR RegleVaOon Valid tarindiVidual ace only TYPE:LLC before the expiation date.If found return to: Re13585 inn CM/14/tian 1000Onio W f hiConsurnar on Street lairs and Business Regulation 735837 0BH412022 �� 7000 Washington Street-Salle 710 J NAROONE CARPENTRY LLC. Boston,MA 02118 CHAEL J,NAROONE !v 4 v �r 9 WHITES PATH 7UTH YARMOH.MA 02664 Undersecretary Not id without signature In .ti Commonwealth of Massachusetts Division of Professional Licensure Board of Building Regulations and Standards Constr f$11%i pervisor CS-081139 ; ' ccoires 09/16/202: MICHAEL J ISCARDQNEE„ 299 WHITES PATH 1. r SOUTH YARMQUTH MA'-'02664 Commissioner di to n' ,--- C yy Mike Nardone November 29, 2022 M.J. Nardone Carpentry, LLC 299 White's Path, South Yarmouth, MA 02664 Re: Building Permits/Demolition Permits Dear Mike, This letter authorizes you to obtain all construction and demolition permits on our behalf for the construction of the new house at 41 Uncle Roberts Road, West Yarmouth, MA. Best Regards, "" �E EY Garb wk- Peter Fairbanks Owner of RR TOWN OF YARMOUTH ° BUILDING DEPARTMENT o . 4-,y v MATT .„ 6 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 261 BUILDING DEPARTMENT TOTAL DEMOLITION SIGN-OFF FORM State Building Code (780 CMR) Chapter 33, Section 3303.6-Service Connections "Before a building or structure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure, such as water, electric, gas sewer and other connections. A permit to demolish or remove a building or structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meter and regulators, have been removed or sealed and plugged in a safe manner." "All debris shall be disposed of i.3 accor4p5c wilh 780CMR 111.5." Building or Stru re Location: /bkne,te- Ma : Lot: 3 Owner's Name: r° �"'`n' "`/ kJAddress: 0//'�� �� Phone: Contractor's Name: 1—AAAA Address: �s I1lit�, ,A ,Phone: 3-0.e /.(l-efa( Eversource: Date: .-�/- - - By: ` 11��/. "'71 - ' siv. Title: 6',. t t 2.21./& ,u}"�a--/- National Grid: Date: - g—/8''z z. By: 6-/, t. r Title: ed or Water Dept.: Date: 41/72 By: V'i-t' 6Pt ' '"- ' Title: Board of Health: Date: ///— . . I- ' 1. - .-- By: ];6_'"'\ Title: 1). vz cC` t(c cx Condition: -- Fire Dept.: Date: /1 2 2- 21 A,u y v'Odo r(3 ro .�J 4A NHS By: Li-, 1474.--sz 4J.re A ,seA vie p p�,•4- f Title: a,/z f( Historic Commission: Date: S€-b-,.r4j-4 -'r4 By: Title: Conservation: Date: By: Comcast: Date: g(Pk„e_ 3/15 of• 4' Conservation Office '� l y Town Of Yarmouth bdirienzotc'�i yarmouth.ma.us ?`. M�TTA � ,� Conservation Commission j.��'kOR/ORAIEO Building Permit Sign-off Application TO BE FILLED OUT BY BUILDING PERMIT APPLICANT: Building Site Location: vi /7( /-f' /3 Map # 5 Lot(s)# Property Owner: fi A% ,1YA/`GS Date filed: //-,(X-- Z z *Applicant: vflJ A/APZ004� Applicant Address: /,JL, Zezif" 41 Aer1I Email: /4 // M di/ Telephone: Please note:by submitting this application,the applicant grants permission to the Conservation Office to enter the location to conduct a site visit(if needed). Proposed Project Description: /)741.- - y )( Site Plan Title/Date: ,cf i76.4,1 �� 5(\ 10 1/7I it TO BE FILLED OUT BY CONSERVATION ADMINISTRATOR: Does the proposed project require a permit? Refer to: SE83- "DC% or DOA permit Comments from Conservation Commission: Approved Conditionally Approved Rejected Conservation Commission Sign-off Signature: V.,A4 Date: *TO APPLICANT: All work-related debris shall be taken offsite or disposed in a legal upland location. At the end of each day, the area shall be clean and no debris shall be in the Resource Area. If work is permitted under an Order of Conditions, please arrange a pre-construction site visit with the Conservation Administrator. At the time of site visit, the MassDEP File Number sign must be installed, along with the erosion control/work-limit line. A copy of the Order of Conditions must remain on-site during construction. Please refer to the Order lnf Conditions for further details. • • national • n • July 18, 2022 Peter Fairbanks 41 Uncle Roberts Rd. W. Yarmouth, MA 02675 TO WHOM IT MAY CONCERN: RE 41 Uncle Roberts Rd., W. Yarmouth, MA This email is to confirm that there is no live gas at this property. This letter DOES NOT preclude the excavator or homeowner from calling Dig Safe at 811 before commencing any work. State law requires anyone planning underground excavation work to notify local utilities by calling 811 to get your underground utilities identified for you prior to doing any digging. The call to 811 is the LAW and must be made in advance of starting work. This confirmation letter of a gas cut-off DOES NOT relieve the excavator of making the call to 811. It is a State Law requirement. I can be reached directly at 508-760-7439 should there be any further questions. Sincerely, Wgn, 'Y7114,1, Ellen Whelan Customer Connections, NE National Grid 127 Whites Path S.Yarmouth, MA 02664 CO 508-760-7439 247 ion Drive EV E RS=U RC E Westwood,Massachusetts 02090 ENERGY September 1, 2022 Sent to: PMFAIRBANKS10©GMAIL.COM RE: 41 UNC-ROBERTS RD WEST YARMOUTH MA AKA 51 UNC-ROBERTS RD WEST YARMOUTH To whom it may concern, At Eversource, we're committed to delivering great service. This letter serves as confirmation that the electric service at the address noted above has been removed. Based on this information, there is no electric power at this address and you may proceed with the demolition. If you have any questions, please contact me at (888) 633-3797. Sincerely, Phyllis MacPherson Electric Services Support Center TOWN OF YARMOUTH O 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 � , 4' Telephone(508)398-2231 Ext. 1292 Fax(508)398-0836 HISTORICAL COMMITTEE MEMORANDUM TO: Mark Grylls,Building Commissioner FROM: Karen Greene,Director of Community Development DATE: December 4, 2020 SUBJECT: 41 Uncle Roberts Road—Demolition Request On February 20, 2020, the Yarmouth Historical Commission met on site to tour and consider the above referenced property in anticipation of a request to demolish. The intended purpose of the demolition is to enable construction of a new home. A demolition permit application was filed with the Building Department on March 25, 2020 by The Davenport Companies. This application along with a Notice of Intent to Demolish was considered by the Yarmouth Historic Commission at their meeting on September 3, 2020. While noting that the house was a classic structure, the Commission agreed that the structure was not historically significant. Accordingly, the Commission voted unanimously that the structure to be demolished was not significant, and that the applicant could proceed with demolition. Thank you. Cc: Yarmouth Historic Commission Davenport Building Company(Contractor) TOWN OF YARMOUTH o.. 1r444 WATER DIVISION `'"``' '1h d` 99 Buck Island Road �e� West Yarmouth,MA 02673 M TTACHEESE c�' Telephone: 508-771-7921 Fax: 508-771-7998 September 7, 2022 To Whom it may concern, RE: 41 Uncle Robert's, West Yarmouth —NO Town Water The Yarmouth Water Department is confirming with MJ Nardone construction that there is NO Town water to 41 Uncle Roberts. This property is on well water on Great Island. If you have any questions please don't hesitate to give us a call 508-771-7921 Sincerely, Yarmouth Water Department a C:\Users\Mike Nardone\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J5ULELXE\41 uncle roberts.docx Doi_ : 1 :471 :383 1 1-21-2022 9 06 BARNSTABLE LAND COURT REGISTRY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Conservation Commission YARMOUTH 2.Issuance a. gi OOC b.E Amended OOC 3.Applicant Details a.First Name PETER M. • b.Last Name FAIRBANKS c.Organization d.Mailing Address 1243 UNION ST. e.City/Town MARSHFIELD f. State MA g.Zip Code 02050 4.Property Owner a.First Name PETER M. b.Last Name FAIRBANKS c. Organization d.Mailing Address 1243 UNION ST. e.City/Town MARSHFIELD f. State MA g.Zip Code 02050 5.Project Location a.Street Address 41 UNCLE ROBERTS ROAD b.City/Town YARMOUTH c.Zip Code 02664 d.Assessors Map/Plat# 5 e. Parcel/Lot# 3 f.Latitude 41.62178N g.Longitude 70.26809W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page BARNSTABT,F 229863 7.Dates c�± a.Date NOI Filed: 8/16/2022 b.Date Public Hearing Closed: 11/3/2022 c.Date Of Issuance: 11/16/2022 8.Final Approved Plans and Other Documents .2 a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SUBSURFACE SEWAGE DISPOSAL ASA J.MINTZ PE AJM SUE DESIGN,LLC 10/25/2022 1"=20' SYSTEM SHE PLAN AND PROFILE FAIRBANKS RESIDENCE 41 UNCLE ROBERTS RD,WEST MULCAHYDESIGN 10/27/2022 AS NOTED YARMOUTH MA TM GROUP SHEET L1.0,L2.0, L3.0,L4.0,AND D1.0 Page 1 of 12 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions Cityffown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 (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. 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: 41 UNCLE ROBERTS ROAD 083-2350 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner PETER M.FAIRBANKS and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Doc: 1s471 ,383 11-21-2022 9:06 Instrument Number BARNSTABLE LAND COURT REGISTRY If registered land,the document number identifying this transaction is: Document Number Page 11 of 12* ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 A. General Information 1. Conservation Commission YARMOUTH 2. Issuance a. OOC b.E Amended OOC 3.Applicant Details a.First Name PETER M. b.Last Name FAIRBANKS c.Organization d.Mailing Address 1243 UNION ST. e.City/Town MARSHFIELD f. State MA g.Zip Code 02050 4. Property Owner a. First Name PETER M. b.Last Name FAIRBANKS c. Organization d.Mailing Address 1243 UNION ST. e.City/Town MARSHFIELD f. State MA g.Zip Code 02050 5. Project Location a.Street Address 41 UNCLE ROBERTS ROAD b.City/Town YARMOUTH c.Zip Code 02664 d. Assessors Map/Plat# 5 e. Parcel/Lot# 3 f. Latitude 41.62178N g.Longitude 70.26809W 6. Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page BARNSTABLE 229863 7.Dates a.Date NOI Filed: 8/16/2022 b.Date Public Hearing Closed: 11/3/2022 c.Date Of Issuance: 11/16/2022 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SUBSURFACE SEWAGE DISPOSAL ASA J.MINTZ PE AJM Sift DESIGN,LLC 10/25/2022 1"=20' SYSTEM SUE PLAN AND PROFILE FAIRBANKS RESIDENCE 41 UNCLE ROBERTS Y�ARMOUTH MA TM GROUP MULCAHY DESIGN 10/27/2022 AS NOTED SHEET L1.0,L2.0, L3.0,L4.0,AND D1.0 Page 1 of 12 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions Ciry/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 B. Findings l.Findings pursuant to the Massachusetts Wetlands Protection Act 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. lr Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. WI Storm Damage Prevention i. r Flood Control 2. Commission hereby finds the project,as proposed,is: Approved subject to: a.w 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: b.r 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(6)(c). Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland 3'w 37 resource area specified in 310CMR10.02(1)(a). a. linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. E Bank a. linear feet b. linear feet c. linear feet d. linear feet 5.r Bordering Vegetated Wetland a. square feet b.square feet c. square feet d. square feet 6. r Land under Waterbodies and Waterways a. square feet b.square feet c.square feet d.square feet Page 2 of 12*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 e.c/y dredged f.c/y dredged 7.r Bordering Land Subject to Flooding a.square feet b. square feet c.square feet d.square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g.cubic feet h. cubic feet 8.r Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c. cubic feet d.cubic feet e. cubic feet f.cubic feet 9.r Riverfront Area a.total sq. feet b.total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft g. square feet h.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.E 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 Page 3 of 12*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions Ciry/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 a. square feet b.square feet c. square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.r Land Subject to Coastal Storm Flowage a. square feet b.square feet 22. r 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 b. square feet of Salt Marsh 23. f_Streams Crossing(s) 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. Page 4 of 12 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/Town YARMOLTTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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:"083-2350" 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#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. 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) r is not(2)9- 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 Page 5 of 12 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 PA Form 5-Order of Conditions Ciryfrown:YARMOLITH W Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 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 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 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 party 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 Page 6 of 12*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5- Order of Conditions Ciry/rown:YARMOUTt1 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 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. I) 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.Is a municipal wetlands bylaw or ordinance applicable?i Yes l No 2.The Conservation Commission hereby(check 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 fmal Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b.r APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or YARMOUTH 2•Citation CHAPTER 143 Bylaw WETLAND BYLAW 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: 1.THIS ORDER SHALL APPLY TO ANY SUCCESSORS AND ASSIGNS IN INTEREST OR CONTROL AND ANY OTHER PERSON ENGAGING IN ACTIVITY ON THE PROPERTY IDENTIFIED IN THE NOTICE OF INTENT.2.THE APPLICANT/OWNER SHALL BE RESPONSIBLE FOR HAVING A COPY OF THE"ORDER Page 7 of 12*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/To` 'YARMovTx Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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.3.THE CONSERVATION COMMISSION,ITS AGENT(S)OR ASSIGNED(S)SHALL HAVE THE EXPRESS RIGHT OF ENTRY UPON THE JOB STi'h 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.4.A PRECONSTRUC TION REVIEW SHALL BE ARRANGED BY THE CONTRACTOR WITH THE CONSERVATION ADMINISTRATOR AND SHALL OCCUR PRIOR TO THE COMMENCEMENT OF ANY WORK. 5.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.6. 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.7. NONCOMPLIANCE WITH THESE CONDITIONS SHALL CONSTITUTE GROUNDS FOR AN ENFORCEMENT ORDER AND POSSIBLE FINES.FINES SHALL NOT EXCEED$300.00 PER DAY/PER VIOLATION.8.NO WORK PERMITTED BY THIS ORDER MAY BEGIN UNLESS AND UNTIL THE APPLICANT RECEIVES A SUBSURFACE SEWAGE DISPOSAL PERMIT FROM THE YARMOUTH BOARD OF HEALTH WHICH COMPLIES WITH BOTH THE REQUIREMENTS OF 11 1'LE 5 AND ANY MORE STRINGENT LOCAL STANDARDS,AND UNTIL A COPY OF SAID PERMIT IS SENT TO THE CONSERVATION COMMISSION.9.GUTTERS AND DOWNSPOUTS DIRECTED INTO ADEQUATELY SIZED DRYWELLS SHALL BE PROVIDED FOR ROOF DRAINAGE.THE COMMISSION MAY ALSO ALLOW "DRIP TRENCHES"INSTEAD OF GUTTER SYSTEMS.AT NO TIME SHALL ROOF RUN OFF BE DIREC1 ED TO A WETLAND RESOURCE AREA OR ABUTTING PROPERI'iES. 10.GRADING SHALL BE ACCOMPLISHED SO THAT THE PROJECT SHALL NOT CAUSE FLOODING OR STORM DAMAGE TO WETLAND RESOURCE AREAS. 11.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 APPLICANTS RESPONSIBILITY TO IMPLEMENT AND MAINTAIN APPROPRIATE AND ADEQUATE EROSION CONTROLS MEASURES THROUGHOUT THE CONSTRUCTION PROCESS. 12.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. 13.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. 14.DEBRIS,INCLUDING LH-11,R,SHALL BE PICKED UP IMMEDIATELY.ANY EXCESS MATERIAL THAT IS EXCAVA TED 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 WA TERWAY. 15.WASHING OF EQUIPMENT/TOOLS SHALL BE Page 8 of 12 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DONE OFF-SITE OR HANDLED IN A MANNER APPROPRIA I'F.BY THE CONSERVATION ADMINISTRATOR. 16.NO EQUIPMENT SHALL BE REFUELED,NOR SHALL FUEL BE STORED WITHIN 100 FEET OF A RESOURCE AREA. 17.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. 18.A BUFFER STRIP OF NATIVE VEGETATION SHALL BE PLANTED PER THE APPROVED PLAN.THE BUFFER STRIP 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 SECOND 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. 19.NO LAWN SHALL EXIST BEYOND ?7'f9?7'mm AS SHOWN ON THE APPROVED PLAN.THIS IS AN ONGOING CONDITION,IN PERPETUITY, THAT DOES NOT EXPIRE WITH THE ISSUANCE OF A CERI WICATE OF COMPLIANCE.20.ILEX CRENATA SHALL BE REPLACED WITH A NATIVE PLANT SPECIES FROM THE CAPE COD COOPERATIVE EXTENSION NATIVE PLANT LIST.21.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 CER 1 IFICATE OF COMPLIANCE.22.THE CONTENT OF WATER IN SWIMMING POOLS CAN BE DETRIMENTAL TO WETLANDS PLANT AND ANIMAL SPECIES.TO REMOVE HARMFUL CHEMICALS,IT IS THE APPLICANTS 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.SALTWATER POOLS MUST BE PUMPED TO A TANK AND DISPOSED OF AT A DIFFERENT LOCATION.THE CONSERVATION COMMISSION OFFICE SHALL BE NO 111.1ED PRIOR TO DRAINING AND SHALL APPROVE THE METHOD OF DRAINING.23.310 CMR 10.30(3)PROMULGATED UNDER MGL C. 131,S.40,REQUIRES THAT NO COASTAL STRUCTURE,SUCH AS A BULKHEAD,REVETMENT 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 CER IIFICATE OF COMPLIANCE.(WORK ON A COASTAL BANK ONLY.) Page 9 of 12 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#: 1425494 WPA Form 5-Order of Conditions city/Town:YARMoIJTII Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 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 11 ilts 12 0 LZ Conditions,the Amended Order expires on the same date as the original Order of I.Date of Original Order Conditions. Please indicate the number of members who will sign this form. This Order must S 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: 0-"e-4-t"e‘CT by hand delivery on rc by certified mail,return receipt requested,on Date Date \ k l I (.F 17.0 1,2- 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 Page 10 of 12 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions C'tv/TOwI'vARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 11/16/2022 Conditions,the Amended Order expires on the same date as the original Order of 1.Date of Original Order Conditions. Please indicate the number of members who will sign this form.This Order must 6 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: Pat Mulheam Ed Hoopes Ellie Lawrence Rick Bishop Paul Huggins David Bernstein r by hand delivery on f`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 Page 10 of 12 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 PA Form 5-Order of Conditions cityrrown:YARMovTII W Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 (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. 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: 41 UNCLE ROBERTS ROAD 083-2350 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner PETER M.FAIRBANKS and has been noted in the chain of title of the affected property in: 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 Page 11 of 12 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2350 Bureau of Resource Protection-Wetlands eDEP Transaction#:1425494 WPA Form 5-Order of Conditions City/Town:YARMOUffI Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Signature of Applicant Rev 4 12010 Page 12 of 12 * ELECTRONIC COPY