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Home My WebLink AboutCOC request 6.13.2024 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 JUNE 12, 2024 www.bscgroup.com Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Request for Certificate of Compliance, DEP File #83-1774, 49 South Shore Drive and 51 South Shore Drive, South Yarmouth, MA BSC Job # 100985.00 Dear Members of the Conservation Commission, BSC Group, Inc. (BSC) is pleased to submit this Request to for Certificate of Compliance (RCOC) on behalf of Dawn Karol (the Applicant), for the property located at 49 South Shore Drive and 51 South Shore Drive, (the Site) in South Yarmouth. The permitted project at the Site included the construction of a stone revetment wall across both properties, grading above the stone revetment wall, and a viewing platform and stairway at each property, spanning a portion of the wall. This OOC was extended on 2/22/2010 and 5/15/2015 (under the Permit Extension Act) to the date of 4/5/2016. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law and associated Regulations. BSC conducted an inspection to confirm the current condition of the Site and the state of the permitted work under the Order of Conditions (OOC), DEP File #SE083-1774, issued on 4/5/2007. All work associated with the stone revetment wall and grading across both properties was not conducted. The viewing platform and stairway at 49 South Shore Drive was not built. The viewing platform (4’ x 10’) with attached stairway at 51 South Shore Drive was built in the general permitted location as shown in the plan dated April 3, 2007, listed in the OOC, but the stairway(s) are in total 24 square feet (sf) smaller (due to the reduction in stairs) than the permitted structure. The stairway and viewing platform constructed at 51 South Shore Drive, and current site conditions are reflected in the As -built plan associated with the Request for Determination of Applicability (RDA) application for 49 South Shore Drive submitted on 6/13/24. Attached please find the WPA Form 8A, Photo Pages, RCOC Application Checklist. If you have any questions or require additional information, please contact our office at (508) 778-8919 or via email at hraddatz@bscgroup.com or byergatian@bscgroup.com. Sincerely, BSC Group, Inc. Brian G. Yergatian, P.E., LEED AP Manager of Civil Engineering, Senior Associate cc: Dawn Karol, 424 Adams Street, Milton, MA 02186 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 • bdiriezno@yarmouth.ma.us Rev 03/2024 Administrative Checklist Certificate of Compliance General Information: • All filings must be made on Town of Yarmouth forms. • All applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. Refer to Meeting Schedule. • Failure to follow the Administrative Checklist shall result in an Administrative Incomplete Application and will not be scheduled for a Public Hearing. • Contact the Conservation Office if you need assistance. Submitting an Application: 1 complete hardcopy of the COC application, plan/sketch, and other supporting information to the Conservation Office - mailed to or dropped off at Town Hall. 1 complete pdf of the COC application, plan/sketch, and other supporting information emailed to bdirienzo@yarmouth.ma.us and fkelley@yarmouth.ma.us ______ Signed statement from an Engineer or similar professional to who prepared the approved plan. – Include in hardcopy and digital submission. ______ As-Built plan – Include in hardcopy and digital submission. Refer to 310 CMR 10.05(9)(d). *Refer to issued Order of Conditions: Special Conditions to determine if required*. Local filing fee. Refer to Fee Schedule. Make check payable to “Town of Yarmouth” and include property address in memo. All forms, Fee Schedule and Meeting schedule can be found at https://www.yarmouth.ma.us/696/Filing-Forms. *Click Yarmouth Street Index for parcel-related Conservation documents. CONSERVATION OFFICE 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: 83-1774 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: Dawn Karol Name 424 Adams Street Mailing Address Milton City/Town MA State 02186 Zip Code 617-543-7022 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Dawn Karol Applicant 4/5/2007 Dated 83-1774 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: 49 & 51 South Shore Drive Street Address Yarmouth City/Town 19 Assessors Map/Plat Number 9 & 10 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Dawn Karol Property Owner (if different) Barnstable County 15764 (49) & 15765 (51) Book 275 (49) & 25 (51) Page 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 stairway and observation platform built in front of 51 South Shore does not match the orientation of the permitted plans, but is smaller (by 24 sf) than what was originally permitted. The structure could not be built in the exact permitted location due to the absence of the stone revetment which was not constructed. The observation platform and stairway were constructed as close to the permitted location as possible, given the current site conditions. 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: 83-1774 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). 49 and 51 South Shore Drive Photo Pages South Yarmouth, MA Photo 1: View of remains historic stone revetment wall at 49 South Shore Drive, which ends at the limits of the stone revetment at 47 South Shore Drive (left side of photo). Facing Northwest. Photo 2:View of former location of stone revetment wall in front of 49 South Shore Drive (left) and 51 South Shore Drive (right). Facing North. Photo Page 1 49 and 51 South Shore Drive Photo Pages South Yarmouth, MA Photo 3: View of observation platform and stairway over the remains of the historic stone revetment wall at 51 South Shore Drive. Facing East. Photo 4: View of observation platform and stairway over the remains of the historic stone revetment wall at 51 South Shore Drive. Facing Northwest. Photo Page 2 OHWOHWOHW OHW OHW OHW OHWOHW(PRIVATE - 40' WIDE) SOUTH SHORE DRIVE SQUATTERS ROAD NANTUCKET SOUND Parke rs R ive r Lewis Pond Nantucket Sound SOU T H S H O R E D RI V EPAWKANNAWKUT DRIVE(PRIVATE - 40' WIDE) SOUTH SHORE DRIVE SITE PLAN OF LAND 49 - 51 SOUTH SHORE DRIVE SOUTH YARMOUTH MASSACHUSETTS (BARNSTABLE COUNTY) EXISTING CONDITIONS / NEW DECKS AS-BUILT JUNE 5, 2024 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 OHW SURVEY NOTES IN