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Home My WebLink AboutAOOC 2.11.1998j 310 9MR 10.00 ,Bo ms Commonwealth of Massachusetts DEPFileNo. SE 83-1352 City/Town YARMOUTH Applicant SIDDHARTH SIDDHARTH MODIFIED ORDER OF CONDITIONS MASSACHUSETTS WETLANDS PROTECTION ACT G.L. C.131,5.40 RIND THE TOWN OF YARbIOUTH WETLAND BY-LAW From TOWN OF YARMOUTH CONSERVATION COMMISSION To Siddharth SiddhErth (Name of Applicant) Same (Name of Property Owner) Address 283 Wevmouth Street, Address Ramp Holbrook, MA 02343 This order is issued as follows: X By hand deliven• to applicant or representative on February 11, 1998 (date) By Certified Mail on (date) The project is located at Lot 2, Curve Hill Road , South Yarmouth, MA The propem• is recorded at the BARNSTABLE REGISTRY OF DEEDS BOOK 10849 PAGE 3 0 6 OR CERTIFICATE The Notice of Intent was filed on 2 / 8 / 9 6 (date) The Public Hearing was closed on 2 / 5 / 9 8 (date) The Town of Yarmouth 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) Public Water Supply ,Flood Control Land Containing Shellfish Private Water Supply X Storm Damage Prevention Fisheries Ground Water Supply Prevention of Pollution �C Protection of Wildlife Habitat Total filing fee submitted $ 2 5 0.0 0 State Share $ 13 7 5 0 - City or Town Share 1 1 2. 5 0 (one half total fee in excess of $25.00) Total Refund Due City/Town Portion State Portion (one half total) (one half total) Effective 4/1/94 „,,Fbc Yarmouth Conservation Commission hereby finds that the following conditions are in accordance with the Performance Standards set forth in the regulations to protect those interests ,ticked above. The Yarmouth Conservation 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 following conditions modifi, 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 measures 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 injure to private propem• 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 Ate; 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 an the special circumstances warranting the extended time period are set forth in this Order. 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. Amy fill used in connection with this project shall be clean fill, containing 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. 7. No work shall be undertaken until 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 Yarmouth Conservation 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 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 party to all agency proceedings and hearings before the Department. 5-2 106 zompletion of the work described herein, the applicant shall forthwith request in writing that a Zertificate of Compliance be issued stating that the work has been satisfactorily completed. ,j,2. The work shall conform to the following plans and conditions: PIS SE83-1352 Title Rev. Plan in So. Ymth for Siddharth Siddharth Lot 2, Curve Hill Rd., Dated REV. 1/28/98 Edward E. Kellev, Con Com PLS SPECIAL CONDITIONS: Luse additional paper if necessary) 1. The applicant shall be held responsible to advise the contractor of all the " Orders" stated herein. ?. The Conservation Administrator shall be notified at least 48 hours prior to the commencement of the proposed work. Tel. # 508-398-2231 ext. 288. 3. These "Orders of Conditions" shall apply to any successor in interest or any successor in control. 4. The applicant shall be responsible for having a copy of these "Orders of Conditions" on the job site at all times. Failure to do so may result in a revocation of the "Orders of Conditions", or a fine, or both, 5. The Conservation Commission, its agents or assigns, shall have the express right of entry on the job site at all reasonable times for the purpose of establishing "compliance" with the conditions stated herein. 6. 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 Barnstable County Registry of Deeds. Special Conditions continued on next page. 5-3 SPECIAL CONDITIONS CONTINUED SIDDHARTH SIDDHARTH SE 83-1352 PAGE 5-3A 7. All gutters and downspouts directed into drvwelis shall be installed to provide for roof runoff. 8. Excess material. if am•, 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. 9. 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. 10. A double row of "staked" havbales shall be placed on the revised work limit line prior to construction of the wall. No wort: of any hind shall occur on the wetland side of this line. 11. Any area proposed for removal of vegetation for a period of more than seven days, shall be mulched or otherwise treated to prevent erosion. 12. The deck shall not be closed in without a filing of either a Notice of Intent or a Request for Determination of Applicability. 13. The general contractor shall arrange an on site meeting with the Conservation Administrator prior to the start of any work. 14. A Certificate of Compliance shall not be issued until such time that a recorded Conservation Restriction or a recorded A.N.R. (approval not required) sub -division plan is presented to the Yarmouth Conservation Commission. Such Conservation Restriction or A.N.R. plan shall expressly prohibit the construction of a dwelling upon what is now known as lot J3, Curve Hill Road, South Yarmouth, MA Town of 1'ar•mouth Conservation Commission This "Order" must be signed by a majority of the Conservation Commission On this 5 � � dav of 19 before me personally appeared the above Conservation Commissioners, to me lmown to be the person(s) described herein and who executed the foregoing instrument and acimowledged that he or she executed the same as his or her free act and deed. �f `Notan• Public My Commission Expires The applicant, 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 10 residents of the city or town in which such land is located, are hereby notified of their right to request the Dept. of Environmental Protection to issue a "Superseding Order", providing the request is made by certified marl or hand delivery to the Department, with the appropriate Bing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days of the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivers to the Conservation Commission and the applicant. Detach on the dotted line and return to the Yarmouth Conservation Commission prior to starting work. ................................................................................................................................................................................ To: Town of Yarmouth Conservation Commission (Issuing authon Please be advised that the "Order of Conditions" for the project at File Number SE 8 3 -13 5 2 has been recorded at the Barnstable County Registry of Deeds and has been noted in the chain of title of the affected property in accordance with General Condition #8 on If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature (applicant) 5-4A