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A Commonwealth
of Massachusetts
DEPFi'r' SE 83_1352
RO oy OEM
U� 11 city. Town YA R M 0 U T H
IJ� Apolicant JAMES PHILLIPOFF
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Town of Yarmouth Wetland
From TOWN OF YARMOUTH CONSERVATION COf
By
By law
MISSION
To James PhillinOff cams
(Name of Applicant) (Name of property owner)
A.dc,ress 402 Highbank Rd., So. Yarmoutkdress Same
T his Oster is issued and clelivered as follows:
O by hand delivery to a=.-►icant or representative on
(da,=- )
®X by certified mail. return receipt recuested on n=,-; i P' igg rc-:ei
This project is located at Lot 2, Curve Hill Road, South Yarmouth , MA
The crocerty is recor::ed at the Re _:stry of B A R N S T A B L E
Ecc). 6814 - Pape 283
Czr.;ficate (if revsterec!
The Nctice of Intent for this project was filed on _ February 8, 1996
(dote )
The pub;tc hearing was cfcsed on AD_ri 1 4, 1996 (date)
Findings
The Town of Yarmouth Conservation Commission has revieweo the above -referenced Nonce of
intent anc clans arc has ~eid a cublic hearing on the project. Based on the information available to the
COMMiSSICN at this time. the COMMISSION has determined that
the area on wntcr the crccoseo wor►c is to oe ccne is significant to the tciiowing interests in acccrcar,ce wi;n
the ?resucroucns cf Significance set fc, ,n in the regulations for eacn Area Suojec: to Prc:e=on Uneer the
Act (cnecx as aczronnatei.
Pt:--i;C water succ;v F?ooe control Lard contaming shellfisn
L. Private water succ:v Storm damage prevention r' F:sner!es
Ground water sucpiy Prevention of pollution fVrPro:ecccn of wildlife had:mot
Taal Fiiin- Fie `up;;,,ec S 2 5 0.0 0 • State Share _q 1 17n
C::vrTawr S'har a S112,50 (�. = `ee In excess z 4 S2-
Tc Felting S;:e S C: :sown ?cr,:,,.. Stare -_i
:on
�
,lore, the COMMISSION hereby finds that the following conditions are
.essary, in accordance with the Performance Standards set forth in the regulations, to protect those inter -
.its checked above. The O M M I S S I n �I orders that all work shall be oerformed
in accordance with said conditions and with the Notice of intent referenced above- To the extent that the f oi-
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 meas-
ures, 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 applicaole 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 Omer 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 extenaed 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 ciean fill, containing no trash, refuse, rubbish or de-
bns, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of toe foregoing.
7. No work shall be undertakenyntil all administrative appeal periods from this Order have elapsed or, if
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.
g. 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 Protection,
File Number SE 8 3 -13 5 2
10. Where the Department of Environmental Protection is requested to make a dEtermination and to issue
a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and
hearings before the Department.
1 1. 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.
SE 83-1352
TTTT.R DATA SIGNED AND S7RCED BY: CN , TT .
?used Septic Design
.4ite Plan for J.
.hillipoff for Lot 2 REV. 4 / . 9 / 96 Craig Short, P . E .
Curve Hill Rd., So.
Yarmouth, MA Robin Wilcox, PLS
SPECIAL Q)NDITIONS (use adlIIlticnal paper if necessary)
13. The at�Lcant shall be held responsible to advise the cone actor of
all these orde_s of conditions.
14. The
Conse_vaticn
Officer shall be
notifies at
least 48 hours
pr. cr tc
the
camI_nc=_rpnt
of the proposed
work. Tel. #
398-2Z31 ext.
283.
15. These orde--a of conditions shall apply to anv successor in inter =r
or successor, in control.
16. Gutters and downspouts directed into drywells shall
be installed to provide for roof runoff.
17. Excess material, if any, excavated from the area of
the building foundation and septic system, not required
for backfill and grading, shall be disposed of only
at locations approved by the Conservation Administrator.
18. Any fill required, (See General Order #6 in Order
of Conditions) shall be of clean sand and contain
no material over 12 inches in diameter.
19. Two rows of silt fence (no hay bales) shall be staked
in place as shown on the plan, before any work begins on
-the project.
'20. This silt fence shall constitute a work limit line.
No work of any kind will be permitted on the wetland
side of this line.
21.Any area proposed for removal of vegetation for a period
of more than seven days, shall be mulched or otherwise
treated to prevent erosion.
22.The deck shall not be closed in without a filing of either
a.Notice of Intent or a Request for Determination of
Applicability.
23.The back yard shall be planted with indigenous ground covers
shrubs, trees etc. Lawn will not be allowed.
24.General contractor shall arrange an on site meeting with
the Conservation Administrator prior to the start of any work.
25.If the proposed catch basin adjacent to the driveway fails
i.e. collapses the applicant shall immediately meet with the
Conservation Administrator to discuss design and repairs.
26.The applicart shall be responsible for having a cony
of the Orders of Conditions on the job site at all
times. Failure to do so could possibly result in a
revocation of the Order, or a fine, or both.
27.The Conservation Commission, its agents or assign, shall
have the express right of entry upon the property for
the purposes of establishing compliance to the conditions
stated herein.
28.Upon completion of the project a Certificate of Compliance shall
be requested. This Order shall be considered incomplete until the
Certificate of Compliance is recorded.
5-3B
Conservation Commiss:-n
n
its Oroer must be signed by a majority of the Conservation Commission.
On this 41 14, day of /:r-c� 19 ��' before me
personalty appeared Tyr c_ '( C ln, ►1JS Cr1 , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he!she executed
the sarne as hhiisrher free act and deed.
Notary Public
My commission expires
The aooat211t, the owner. anv aerSon agC�evee bV this Oraer, any owner of land abutttn4 the Lana U00n wnich the oroncseo worx is to as
Gone. or any ten residents or the city or town in wnicn sucn tans is tocatec. are nereov nottfiea of tneir ngnt to request the Debarment of
Environmentai Protecton to issue a Sueerseatng Oroer. proviaire the request is mace by cenifiea mail or nano ceuvery to the Deoatzment.
with the awmariate filing fee ana Fee Transmittal Form as broviaea in 310 CNIR 10.03M, within ten Gays tram the ante of issuance of tnis
Deteiminawn. A ixby of the reauest snail at the same time as sent by cernfiee mail or nano asiivery to the Conservation Commission
ana ins acaiicant.
Detach on dotiec line ana submit to the CONSERVATION COMM I SS i ON prior to commencement of worx.
............»..................._..........................»........... »....... .........»..»........ ...........---------......................... »............. ..... .............
To TOWN OF YARMOUTH CONSERVATION OMMI-9,C)IJON IssuingAutncrity
Please be abvisec that the Oroer of Concit►ons for the prclect at
File Number SE 8 3 -13 5 2 has been recorcea at the Registry of BA R N S TA B LE ana
has been notea in the chain or title at the atfectec proberty in accordance with General Czneition 8 on t g
It recCrcea lava, the instrument number wnicn identities this transaction is
It regsterea Lana. the ecc:.ment number wnicn identifies iris transaction is
Signature
=conc�nt