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HomeMy WebLinkAboutOOC re-recorded 5.23.2025Dv•. - 1 rr 523: 5S3 05-23-2425 $ = 23 BARNSTAE.LE LAND COURT REGISTRY Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements Important: When tilling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ E:l4 28465 5 P9 1 4 6 =4$8r 6 1 t3-24. 2014 & 10 = 16got Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1992 MassDEP File # eDEP Transaction # Yarmouth City/Town A. General Information Yarmouth 1. From: Conservation Commission z. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions (check one): a. To: Applicant: Gifford Betron aI First Name b. Last Name c. Organization 381 Tahmore Drive d. Mailing Address Fairfield e. City/Town a. Property Owner (if different from applicant): Clifford &Patricia a. First Name c. Organization d. Mailing Address CT f. State Betron b. Last Name e. City/Town f. State 5. Project Location: 9 Flakeyard Lane West Yarmouth a. Street Address b. City(rown Map 20 Lot 16 c. Assessors Map/Plat Number d. Parcel/Lot Number 41 d38m41 s Latitude and Longitude, if known: d. Latitude 06824 g, Zip Code g. Zip Code 70d75m56s e. Longitude wpatorm5.doc • rev. OS/1912010 Page 1 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information (cant.) Provided by MassDEP: SE83-1992 MassDEP File # eDEP Transaction # Yarmouth City/Town s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable 192596 a. County b. Certificate Number (if registered land) c. Book d. Page 3/20/2014 9/4/2014 7. Dates: a, Date Notice of Intent Filed b. Date Public Hearing Closed 9/22/2014 c. Date of Issuanc e s. Final Approved Plans and Other Documents (attach additional plan or docu as needed): Site Plan of 9 Flakeyard Lane West Yarmouth Prepared for Clifford Betron a. Plan Title ment references Daniel Ojala, P.E., PLS c. Signed and Stamped by 1"=20' d. Final Revision Date e. Scale planting and Mitigation Site Plan of 9 Flakeyard Lane West 7/1/2014 Yarmouth Prepared for Clifford Betron g. Date B. Findings 1 a. d. Down Cape Engineering, Inc b. Prepared By 6/17/2014 Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of 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 (the Act). Check all that apply: ® Public Water Supply ❑ Private Water Supply ❑ Groundwater Supply b. El Land Containing Shellfish c' e. ❑Fisheries f. h. ®Storm Damage Prevention I. ® Prevention of Pollution ® Protection of Wildlife Habitat ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ®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. wpaformS.doc • rev. 05/19l2010 Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (contI Denied because: Provided by MassDEP: SE$3-1992 MassDEP File # eDEP Transaction # Yarmouth city/Town b. ❑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 the 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. ❑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 Act's interests, 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 CM 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c, linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet s. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. c/y dredged f. c/y dredged 7. ❑ 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. ❑ 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 s. ❑ 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 wpafotm5.dx • rev. 05/1912010 Page 3 of i2 Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SEI33-1992 MassDEP File # eDEP Transaction # Yarmouth City/Town B. Findings (cont.) . Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) io. ❑ Designated Port Areas 11. ❑ Land Under the Ocean 12. ❑ Barrier Beaches 13. ❑Coastal Beaches 14. ❑Coastal Dunes 15. ❑Coastal Banks i6. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds 19. ❑Land Containing She{{fish 20. ❑ Fish Runs 21. ®Land Subject to Coastal Storm Flowage Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Indicate size under Land Under the Ocean, below a. square feet b. square feet c. c/y dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below Cu yd cu yd a. square feet b. square feet c, nourishment d. nourishment a. square feet a. linear feet a. square feet a. square feet a. square feet c. c!y dredged b. square feet b. linear feet b. square feet b. square feet b. square feet dredged cu yd c. nourishment c. square feet cu yd d. nourishment d. square feet a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a, At dredged 2700 +/- a, square feet b. c/y dredged 2700 +/- b. square feet wpaform5.doc • rev. 05/19M2010 Page A of 12 Bk 28465 Pg150 #48876 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands VVPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) * #22. If the 22. project is for the purpose of restoring or enhancing a wetland resource area 23• in addition to the square footage that has been C. General Conditions Under Massachusetts Wetlands Protection Act entered In Section B.5.c (Bvw) or The following conditions are only applicable to Approved projects. 3.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter he additional g y re ulator measures, shall be deemed cause to revoke or modify this Order. t amount here. 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. Provided by MassDEP: SE83-1992 MassDEP File # eDEP Transaction # Yarmouth City/Town ❑ Restoration/Enhancement *: a. square feet of BVW ❑ Stream Crossing(s): b. square feet of salt marsh a. number of new stream crossings b. number of replacement -stream crossings 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 maybe 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 extend the issuance date of the original Final Order of Conditions and the Order will expire on 9/22/2017 unless extended in writing by the Department. 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. wpatorm5.doc • rev. 0511912010 Page 5 of 12 Bk 28465 Pg151 #48876 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands VVPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MdSSDEP: SE83-1992 MassDEP File # eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 SE83-1992 " 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8AI 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. wpatorm5.doc • rev. 05t19Y2010 Pege 6 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1992 MassDEP File # eDEP Transaction # Yarmouth city/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 (i) ❑ is not (2) ®subject to the Massachusetts Stormwater Standards. If the work is subject to the 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 Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 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, 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. wpaform5.doc • rev. 05/19t2010 Page 7 of 12 �. rere0eyno Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MasSDEP: SE83-1992 MassDEP File # eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth CitylTown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 18(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: L) the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and JO 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 Pollution 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 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(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 Pian, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.tloo • rev. 05119/2010 Page 8 of 12 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83=1992 MassDEP Ffle # eDEP Transaction # Yarmouth Ciry/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. !) 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 (if you need more space for additional conditions, please attach a text document): wpato�m5.doC • rev. OS/te/2010 Page t3 of 12 Bk 28465 Pg155 #48876 Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1992 MaSsDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. is a municipal wetlands bylaw or ordinance applicable? ®Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work 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 nat 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 of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw 2. Citation s. 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 (if you need more space for additional conditions, attach a text document): See attached text pages, Special Conditions Pages 10A,108 (etc...) of 12 wpatorms.doc • rev. 05/19/2010 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 3E83=1992, Clifford Betron 9 Flakeyard Lane, West Yarmouth, MA 1. The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, it's agents or assigns, shall have the express right o£ entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. Commission members and the Conservation administrator may acquire any information, measurements photographs, observations and/or materials or may require the submittal of any data or information deemed necessary by this Commission for that evaluation. 3. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. 4. Any change in the plans or any change in construction from the proposed approved plans shall require the Applicant to file a notice of project change with this Commission via a written inquiry as to whether the change is significant enough to require filing an amendment or a new Notice of Intent. Should the project be changed without permission, or found by the Yarmouth Conservation Commission to be changed in any way from the approved plan, all work shall immediately cease until approved by the Yarmouth Conservation Commission. 5. Noncompliance with these conditions shall constitute grounds for issuing an Enforcement Order and possible fines, which may include fines not to exceed $300.00 per day/per violation. 6. Apre-construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occu�riox to any work. 7. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders' Failure to do so will result in a new "Notice of Intent" filing. SE83-1992 is :�. ■. �:: WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 1013 OF 12 3E83=1992, Clifford Betron 9 Flakeyard Lane, West Yarmouth, MA 8. The driveway shall be constructed of pervious materials such as crushed stone, gravel, seashells, or other similar materials. This is an on -going, in perpetuity, condition that does not expire with the issuance of a Certificate of Compliance. 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. 10. Grading shall be accomplished so that runoff shall not be directed to the property of others. The project shall not increase runoff, nor cause flooding or storm damage to abutters other property owners or wetland Resource Areas. 1 1. All loose debris shall not be allowed to enter the wetland or waterways. Debris shall be picked up and disposed in a legal location daily. 12. Debris, including litter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator or in a covered dumpster. 13. All imported frll 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. 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 approval by the Commission.) Hay bales are not allowed. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures throughout the construction process. 15. 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. 16. The applicant must wait until the third growing seasons (i.e, fall and spring) 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. 17. No lawn shall exist beyond the lawn edge and beach grass plantings, as shown on the approved plan. This is an on -going, in -perpetuity condition, which does not expire with the issuance of a Certificate of Compliance. SE83-1992 • '• :ilymo M WPA FORM S-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE IOC OF 12 3E83=1992, Clifford Betron 9 Flakeyard Lane, West Yarmouth, MA 18. Innmediately upon completion of the exterior construction and grading, permanent stabilization landscaping shall be carried out in order to minimize erosion. 19. Washing of equipment/tools shall be done OFF -SITE or bandied in a manner appropriate by the Conservation Administrator. 24. The design engineer (Massachusetts registered professional engineer or land surveyor) will certify, with a stamped as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. The as - built plan shall indicate the dwelling location, hardscape, grades, distances to the resource areas as described in the application and approved plans. Any other applicable information or deviations from the approved plan shall be identified and informed to the Commission. 21. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. SE83-1992 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands VNPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions 44, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Provided by MaSSDEP: sEs3-19R2 MassDEP File # eDEP Transaction # Yarmouth Citylrown 1. Date of Issuance 2. Number of Signers The Order must be mailed by certified mail (retum 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,,q nd the propVy owner, If diffe t from applicant. � � 4 1/ c /f Sigl ❑ by hand delivery on Q by certified mail, return receipt requested, on Date Date ore 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 of 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 (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. wpaform5,doc � rev. 05/19f2010 Page 11 of 12 Bk 28465 Pg160 #48876 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by MaSSDEP; SE8V 992 MassDEP File If eDEP Transaction R Yarmouth City/Town Prior to commencement of work, 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: Conservation Commission Please be advised that the Order of Conditions for the Project at: 9 Flakeyard Lane Project Location Has been recorded at the Registry of Deeds of: Barnstable County for: Property Owner SE83-1992 MassDEP File Number and has been noted in the chain of title of the affected property in: Book In accordance with the Order of Conditions issued on: I 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 wpaform5.doc • rev. 05/19f2010 BARNSTABLE REGISTRY OF DE�D� BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Page BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY, ATTEST age 12 of 12 JOHlV F. MEADE, REGISTER