Loading...
HomeMy WebLinkAboutOrder of Conditions 83-502 09.07.1984Commonwealth of Massachusetts DEOE Fw No. I SE 83 — 502 (To to providtd by DEOE) cityrtown YARMOUTH Appiiunt Edgewood Trust Order of Conditions Massachusetts Wetlands Protection Act G.L. c.131, *40 and the Town of Yarmouth Wetland Bylaw OF YARMOUTH CONSERVATION COMMISSION To Ec�gewood Trust Same (Name of Applicant) (Name of property owner) Address .28 Fuller St., Middleboro Address Same This Order S issued and delivered as follows: ❑ lby hand delivery to applicant or representative on (date) 7Z by certified mail, return receipt requested on September 7. 1984 (date) This project is located at Chase Swamp Bog, behind 280 Route 2$9 West Yarmouth The property is recorded at the Registry of BARNSTABLE Book 490 Page 11 Certificate (If registered) The Notice of Intent for this project was flied on July 31- 1984 (date) The public hearing was closed on. August 169 1984 (date) Findings The Town of Yamnouth Conservation Commission has reviewed the above -referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the COMMISSION at this time, the COMMISSION has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): O Public water supply O Private water supply 30 Ground water supply Y] Flood control ❑ Storm damage prevention 00 Prevention of pollution O land containing shellfish O Fisheries 5-1 Therefore. the COMMISSION hereby finds that the following conditions are necessary, to accordance with the Performance Standards set forth in the regulations, to protect those inter. ests checked above. The COMMISSION orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory mess• urea, shall be deemed cause to revoke or modify this Order. 2. This 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, by-laws 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 and both that date and the special circumstances warranting the extended time period are set forth 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. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, 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. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or. N such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order 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 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 to be done. The recording information shall be submitted to the COMMISSION on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number S7 83 - 502 W. 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all.agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: 5-2 Plans: Title Dated Signed and Stamped by: On File with: Revised Proposed Expansion 8/9/84 Benjamin A. Gilmore Con. Com, office of Cranberry Bog for Edgewood Trust Special Conditions (Use additional paper K necessary) 13. The applicant shall be held responsible to advise the contractor of all these orders of conditions. 14. The Conservation Officer shall be notified at least 48 hours prior to the commencement of the proposed work. Tel. *394-3508 15. These orders of conditions shall apply to any successor in interest or successor in control. 16. Excess material excavated from the work area not needed for backfilling or grading, -shall be placed only at locations approved by the Conservation Officer. 17. Any area proposed for removal of vegetation, where soil will be exposed for more than 7 days, shall be mulched or other- wise treated to prevent erosion. .................................................................................. .................................................................................................... (Leave Space Blank) 5-3A Issued 9y TOWN OF YARMOUTH Conservation Commission C Thin Order must be signed by a meWty of the Conservation Commission. On this 6t h day Of _ P t.Pm hP_r 1984 - . before me pally appeared_ The Above . to me known to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same hisfier free act and deed. Notary Public My Commission Expires May- 21 lass My commission expires The appiiccant. the owner. any person aggrieved by this order. any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such lid is located are hereby notified of their right to request the Department of Environmental Ouality Engineering to issue a Superseding order. providing the request Is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shed at the same time be sent by certified ma or hand delivery to the Conservation C mmisabn and the applicant. Detach on dotted line and submit to the CONSERVATION COMMISSION prior to commencement of work To TOWN OF YARMOUTH CONSERVATION COMMISSION Issuing Authority Please be advised that the Order of Conditions for the project at Fie Number has been recorded at the Registry of BARN STABLE has been rated in the chain of title of the affected property in accordance with General Condition 8 nn t 9 N recorded land. the instrument number which identifies this transaction N registered land, the document number which identities this transaction Signature 5-4A and Applicant L. u.: Jv tu4U 1J1.—,1`, l' U,,, ..'..h T9JN OF YART.iOUTH WETLAND BY—LAW, ARTICLE 27 1XXX�XX�x�r�xX�$ i PROJECT LOCATION: Chase Swamp Bcg, West DATE: Yarmouth, behind #280 Route 2$2 West Yarmouth TO: Pleasant Lake Cranberries, Inc. -52 Fuller Street Middleboro,- Ma. 0234. May 4, 1982 After an investigation and on -site inspection of the project indicated above, it has' been determined that the area upon which work is proceeding is potentially essential to public or private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, protection of land containing shellfish and the protection of fisheries. Therefore, the .YARMOUTH CONSERVATION COMMISSION hereby issues -the following Order: 1. The owner of the subject property, his agents and employees and parties entering the premises pursuant to a contract with the owner or his agents and employees shall immediately cease and desist from any and all removal, dredging, filling or altering of any bank, flat, marsh, meadow or swamp bordering on the ocean or on any existing creek, river, stream, pond, or lake or any lan4 under said waters or any land subject to tidal action, coastal storm flowage or flooding.. 2. No further work shall take place on the subject property until such time as the YARMOUTH CONSERVATION COMMISSION shall issue an Order of Conditions regulating the said work. 3. The owner of the subject property shall forthwith file apppproppriat( forms and plans as required by TOWN OF - YAMOUTH ,WETLAND BY—LAW, ARTICLE 27. . . ALTERING THE BANKING BORDERING TIDE -WETLAND .11ITI OUT FILING A Xb ICE OF INTENT. copy to: Carver Crowell ISSUED BY: - Secretary -Conservation Commission RECEIVED BYs SERVED BY: Certified Mail #P16 6540708 Narrative: This wetlands filing is in reply to an Enforcement Order issued by Yarmouth Conservation Commission to Willard A. Rnodes, d/b/a Pleasant Lake Cranberries, Inc. for constructing a new cranberry bog without filing a notice of intent. The partially completed cranberry bog lies adjacent to an existing cranberry bog previously owned by the A. D. Makepeace Co., known as Chase Swamp. The construction of the new cranberry bog has taken place entirely in the upland buffer zone in a partially wooded area forested with pitch pine and white oak. The predominate soils are carver series soils. This project will not adversely affect the interests of the wetlands act, nor alter the adjacent resource area. The mean high water table which occurs when the cranberry bog is flooded at elevation 7.7 feet mean sea level datum and there will be no increase in site runoff, nor deminution of flood staging.