HomeMy WebLinkAboutOOC 2397 with denial findings Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:083-2397
WPA Form 5-Order of Conditions eDEP Transaction
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 #:1586574
City/Town:YARMOUTH
A. General Information
1.Conservation Commission YARMOUTH
2.Issuance a. r OOC b.F Amended OOC
3.Applicant Details
a.First Name PAUL AND NANCY b.Last Name CRUZ
c.Organization
d.Mailing Address 574 SLOCUM RD
e.City/Town NORTH DARTMOUTH f. State MA g.Zip Code 02747
4.Property Owner
a.First Name PAUL AND NANCY b.Last Name CRUZ
c.Organization
d.Mailing Address 574 SLOCUM RD
e.City/Town NORTH DARTMOUTH f. State MA g.Zip Code 02747
5. Project Location
a.Street Address 52 PRINCE ROAD
b.City/Town YARMOUTH c.Zip Code 02673
d.Assessors 29 e.Parcel/Lot# 88
Map/Plat#
f.Latitude 41.65027N g.Longitude 70.25696W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
BARNSTABLE 33762 139
BARNSTABLE 146 135
7.Dates
a.Date NOI Filed: 6/22/2023 b.Date Public Hearing Closed: 11/2/2023 c.Date Of Issuance: 11/16/2023
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:
B.Findings
1.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. f Public Water Supply b. R Land Containing Shellfish c.tr Prevention of Pollution
d. fr Private Water Supply e. ly Fisheries f. 14 Protection of Wildlife Habitat
g. i Ground Water Supply h. >r Storm Damage Prevention i. r Flood Control
2. Commission hereby finds the project,as proposed,is:
Page 1 of 9 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2397
Bureau of Resource Protection-Wetlands eDEP Transaction#:1586574
WPA Form 5-Order of Conditions City/Iown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Approved subject to:
a.r 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).
3 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland
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. r`Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.1_. 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
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
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2397
Bureau of Resource Protection-Wetlands eDEP Transaction#:1586574
WPA Form 5-Order of Conditions Ciry/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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 5.6 0
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.E 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.F- Salt Marshes
a.square feet b. square feet c. square feet d.square feet
18.E Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish 5.6 0
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
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LI Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2397
Bureau of Resource Protection-Wetlands eDEP Transaction#:1586574
PA Form 5-Order of Conditions Ciry/Iown:YARMOUTH
W
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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.
C`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.
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"]
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Massachusetts Department of Environmental Provided by MassDEP:
-- Protection MassDEP File#:083-2397
-., Bureau of Resource Protection-Wetlands eDEP Transaction#:1586574
City/TowirYARMOUTH
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
File Number:"083-2397"
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) 1— is not(2)i 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
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
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Massachusetts Department of Environmental Provided by
Protection MassDEP File#:083-2397
Bureau of Resource Protection-Wetlands
eDEP Transaction#:1586574
WPA Form 5-Order of Conditions Provided
City/Tow by MassDEP:MOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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
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.
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LiMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2397
Bureau of Resource Protection-Wetlands eDEP Transaction#:1586574
WPA Form 5-Order of Conditions Ciry/rown:YARMouT>1
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed
around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special Conditions:
D.Findings Under Municipal Wetlands Bylaw or Ordinance
1.Is a municipal wetlands bylaw or ordinance applicable?f Yes f' No
2.The Conservation Commission hereby(check one that applies):
a. DENIES the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically:
YARMOU1.Municipal Ordinance or Bylaw WETLANDS Citation CHAPTER 143
p Y BYLAW
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.r- APPROVES the proposed work,subject to the
following additional conditions.
1.Municipal Ordinance or 2. Citation
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:
SEE FINDINGS ATTACHED PAGE 7A AND 7B
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WPA FORM 5-ORDER OF CONDITIONS
PAGE 7A OF 9
SE83-2397
Paul and Nancy Cruz
52 Prince Road,Yarmouth,MA
Statement of Findings Under Municipal Wetlands Bylaw: Yarmouth Wetland By-Law,Chapter 143
The proposed work cannot be conditioned to meet the standards set forth in Yarmouth Wetland By-Law,Chapter 143,
citation 1.09(4)(a)(10).
1.09(4)(a)(10) The maximum length of dock,pier and float configurations shall not be greater than eighty(80)feet from
Mean High Water. In addition, the water depth at the farthest point of the dock and associated floats from shore shall be no
less than three(3)feet at Mean Low Water, and this minimum depth must be available between the proposed structure and
navigable channels during Mean Low Water.
The seaward side of the proposed boat lift is stated to have 0"of water depth at MLW,which does not meet the water depth
requirement at the farthest point of the dock as required in the above Chapter 143,citation 1.09(4)(a)(10).The commission
reasoned that granting a variance to this requirement has the potential to negatively impact land under the ocean and
associated shellfish habitat. The plans show approximately 2.3 feet of water depth where a boat would enter the water at
MHW from the proposed lift,which is insufficient water depth at MHW. The required 3 feet of depth is also not available
between the structure and the navigable channel at MLW.
In addition,the Commission posted'No Dock/No Mooing Zone' maps in 2016 that depict aeras where docks and moorings
are prohibited in Yarmouth waterbodies.The applicant interpreted the map to show the nearby 'No dock zone' about 25 feet
offshore,while the Commission's map intends for these zones to extend directly from the shoreline.The area where the boat
lift is proposed is included within a no dock zone,and the maps will be graphically improved to ensure that they are not
misinterpreted in the future.https://www.yarmouth.ma.us/DocumentCenter/View/7784/No-dock-No-Morring-Areas-Map-2-
M i l l-Creek
Statement of Findings Under State Wetlands Protection Act Regulations 310 CMR 10
The proposed work cannot be conditioned to meet the standards set forth in the Wetlands Protection Regulations,310 CMR
10.25(6)and 10.34(4):
310 CMR 10.25 Land Under the Ocean
(6) Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water-dependent be designed and
constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse
effects, on marine fisheries habitat or wildlife habitat caused by: (a) alterations in water circulation; (b) destruction of
eelgrass(Zostera marina)or widgeon grass(Rupia maritina)beds; (c) alterations in the distribution of sediment grain size;
(d) changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen,
temperature or turbidity, or the addition of pollutants; or(e) alterations of shallow submerged lands with high densities of
polychaetes, mollusks or macrophytic algae.
310 CMR 10.34 Land Containing Shellfish
(4) Except as provided in 310 CMR 10.34(5), any project on land containing shellfish shall not adversely affect such land or
marine fisheries by a change in the productivity of such land caused by: (a) alterations of water circulation; (b) alterations
in relief elevation; (c) the compacting of sediment by vehicular traffic; (d) alterations in the distribution of sediment grain
size; (e) alterations in natural drainage from adjacent land; or(n changes in water quality, including, but not limited to,
other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature or turbidity, or the addition
of pollutants.
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WPA FORM 5-ORDER OF CONDITIONS
PAGE 7B OF 9
SE83-2397
Paul and Nancy Cruz
52 Prince Road,Yarmouth,MA
Division of Marine Fisheries Comment:
The project site lies within mapped shellfish habitat for softshell clam(Mya arenaria),American oyster(Crassostrea
virginica),and northern quahog(Mercenaria mercenaria).Waters within the project site have habitat characteristics suitable
for these species. Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act(310 CMR
10.34)and the protection of marine fisheries. Mill Creek has been identified by MA DMF as diadromous fish passage,
migration,and/or spawning habitat for alewife(Alosa pseudoharengus),white perch(Morone americana),and American eel
(Anguilla rostrata)[3].
Mill Creek acts as winter flounder(Pseudopleuronectes americanus)spawning habitat.Winter flounder enter the area and
spawn from January through May;demersal eggs hatch approximately 15 to 20 days later.The Atlantic States Marine
Fisheries Commission has designated winter flounder spawning habitat as a"Habitat Area of Particular Concern"(HAPC). In
the previous stock assessment,the winter flounder stock was classified as overfished with spawning stock biomass in 2019
estimated to be only 32%of the biomass target[4]. Spawning stock biomass in 2021 was estimated to be 101%of the
biomass target based on a new recruitment stanza focusing only on the past twenty years [5].Given the new status of the
winter flounder stock,every effort should be made to protect the species and its spawning habitat.
•A new pier has the potential to negatively impact nearby shellfish resources and fisheries in a variety of ways[6]. While
some of these impacts can be avoided or reduced with best management practices,others are unavoidable and will result in
permanent impacts to shellfish habitat and associated fisheries access. Support piles will directly displace shellfish habitat,
and piles may cause further indirect impacts that negatively affect bordering shellfish habitat. Leachates from any pressure
treated wood used for support piles or decking may also negatively impact nearby shellfish.Associated boating activity could
result in prop dredging if the float is installed in insufficient water depth relative to the size of vessels using the structure.The
support piles,float,and adjacent footprints will likely not be accessible to commercial or recreational fisheries.
•A time-of-year(TOY)restriction should be observed on all in-water,silt-producing activities to protect sensitive life stages
of alewife.No in-water,silt-producing activities should take place from April 1 —June 15 of any year[9].
•Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in
mapped shellfish habitat.
•Fuel spills from refueling of construction equipment will adversely impact sensitive resource areas. Impacts to resource
areas can be avoided by prohibiting all land-based equipment from being refueled on-site. If equipment is refueled on-site,
adequate containment and clean up material should be required to minimize impacts.
Yarmouth Conservation Commission Findings:
The shellfish survey revealed a significant quahog population,and some oysters, littlenecks,and cherrystone clams were
present.Due to the absence of water at MLW and only 2.3 feet of water depth at MHW, any boat utilized has the potential to
ground and negatively impact the land containing shellfish and land under the ocean. Prop dredging may occur if a boat is
used during times of insufficient depth.
No work shall be performed on this project.
The applicant may propose alternative projects or improvements to the plan in a new Notice of Intent.
Page 7b of 9* ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#: SE083-2397
Bureau of Resource Protection- Wetlands eDEP Transaction#: 1586574
WPA Form 5 — Order of Conditions City/Town: YARMOUTH
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 ( ( 3
specified pursuant to General Condition#4. If this is an Amended Order of al. 1
Conditions,the Amended Order expires on the same date as the original Order of 1. Date of Original Order
Conditions. C
Please indicate the number of members who will sign this form. This Order must be J
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
Signature` % /,
(7/1.44,17(X/7
r
dby hand delivery on ❑ by certified mail, return receipt requested,on
Date k l (Z 0 1;5 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%oft ELECTRONIC COPY
LIMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2397
Bureau of Resource Protection-Wetlands eDEP Transaction#:1586574
WPA Form 5-Order of Conditions City/Iown YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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:
52 PRINCE ROAD 083-2397
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner PAUL AND NANCY CRUZ
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
Signature of Applicant Rev.4/1/2010
Page 9 of 9 *ELECTRONIC COPY