HomeMy WebLinkAboutSOC recorded 8.7.2025Bk 37117 Pg154_31508
COMMONWEALTH OF MMSACHUSETTS 0 8- 0 7- 2 0 2 5 @ 0 8: 6,8 a
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
* *1 1. n . n 71
ARGEO PAUL CELLUCCI . THIS IS A TRUE ATTEST COPY. TRUDYCOXE
Secretary
Governor
April 9, 1998 DAVID B. STRUHS
Commissioner
Mays urn Redai We llardS Ch'.e+
Michael B. Stusse RE: YARMOUTH -- Wetlands
25 Mid -Tech Drive, Suite C File No. SE 83-1352
W. Yarmouth, Massachusetts 02673 Superseding "Modified"
Order of Conditions
Dear Mr. Stusse:
Following an in depth review of the above referenced file
and in accordance with Massachusetts General Laws, Chapter 131,
Section 40, the Department of Environmental Protection has issued
the enclosed Superseding Order of Conditions (SOC). This Order
approves the proposed project subject to certain conditions.
The Department has determined that the project site abuts a
bordering vegetated wetland (SVW), as defined in 310 CMR 10.55(2).
The proposed project consists of constructing a retaining
wall between a single-family dwelling and a BVW to prevent the
slope from constantly eroding, resulting in siltation of the BVW
and destabilization of the building foundation.
The enclosed SOC requires that the erosion control barrier
installed between the wetland resource area and the work area, be
maintained until the construction of the retaining wall is
completed. The SOC directs that all disturbed areas be stabilized
prior to removing the erosion control barrier.
The SOC contains additional requirements to protect the
interests of the Act. It is the opinion of the Department that,
as conditioned herein, the proposed project adequately protects
the above -noted interests of the Act.
In the opinion of the Department the reasons given here are
sufficient to justify the enclosed SOC. However, the Department
reserves the right to raise additional issues and present further
evidence as may be appropriate should there be further proceedings
in this matter.
20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (508) 947-6557 • Telephone (508) 946-2700
0 Printed on Recycted Paper
Bk 37117 Pg155 #31508
-2-
If you have any questions regarding this SOC, please contact
Daniel F. Gilmore at (508) 946-2808.
Very truly yours,
-"Tena J.. Davies
Regio aai Watershed Coordinator
Bureau of Resource Protection
D/DFG/dg gbh
Enclosure
CC: Yarmouth Conservation Commission
Siddharth Siddharth
283 Weymouth Street
Holbrook, MA 02343
Certified Mail # Z 333 585 685
RETURN RECEIPT REQUESTED
Bk 37117 Pg156 #31508
310 CMR 10.99
Form 5 DHP File No SE 83-1352
(To be provided by DEP)
City/Town YARMOUTH
Applicant Siddharth Siddharth
Superseding "Modified" Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c.1.31., 940
From Denartment of Environmental Protection
To Siddharth Siddharth (Name of Applicant)
Address 283 Weymouth Street Hingham, MA 02343 (applicant)
To Same (Name of Property Owner)
Address Same (owner)
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on A=il 9� 7AGR (date)
# Z 333 585 685
This project is located at Lot 2 Curve Hill Road
The property is recorded at the Registry of Deeds, Barnstable County
Book 10849
Page 306
Certificate (if registered)
The Notice of Intent for this project was filed on218/96__ _ _(date)
The public hearing was closed on_2/5_198 (date)
Findings
The _Department of Environmental Protection 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 Department of Environmental Protection at
this time, the Department of Environmental Protection 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 Storm damage prevention ❑ Fisheries
® Ground water supply 1KJ Prevention of pollution ® Protection of wildlife
habitat
Total Filing Fee Submitted $250 State Share $112.50
City/Town Share $137.50 (% fee in excess of $25)
Total Refund Due $ 0 City/Town Portion $ 0 State Portion $ 0
(M total)
(M total)
Effective 11/20/92 5-1
Bk 37117 Pg157 #31508
Therefore, the Department of Environmental Protection hereby finds that the
following conditions are necessary, in accordance with the Performance Standards
set forth in the regulations, to protect those interests checked above. The
Department of Environmental Protection 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 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 measures, shall be deemed cause to revoke or
modify this Order.
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, 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.
Any 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.
B. 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 Department of
Environmental Protection 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 83-1352
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
Bk 37117 Pg158 #31508
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:
Plans:
Title: Revised Site Plan in South Yarmouth MA for Siddharth Siddharth
Dated: January 28 1998
Signed & Stamped by: Edward E. Kelley, RPLS & Francis E. LaJoie, RPE & T. Varnum
Philbrook RPE
On File With: DEP
Special Conditions (Use additional paper if necessary)
1. Prior to the commencement of construction, General Condition No. 8, above,
must be complied with.
2. All construction must comply with the above -referenced plans and the
conditions of this Order. For any proposed change in the approved plans or
in the work, the applicant shall file a new Notice of Intent or inquire, in
writing, of the Department whether the change is substantial enough to
require a new Notice of.Intent. No change in plan, under this filing, is
permissible without prior written approval from the Department allowing this
change.
3. It is the responsibility of the applicant, owner and/or successor(s) to
ensure that all conditions of this Order are complied with. The project
engineer and contractors are to be provided with a copy of this Order and
referenced documents before commencement of construction.
4. Members and agents of the local Conservation Commission and the Department
shall have the right to enter and inspect the property at all reasonable
times to evaluate compliance with the conditions stated in this Superseding
Order, and may require the submittal of any data deemed necessary by this
Department for that submittal.
5. A copy of this Order and the above -referenced plans shall be kept available
on site during all phases of construction, until a Certificate of Compliance
has been issued by the Department.
6. This Superseding Order of Conditions does not relieve the applicant from
obtaining approval under, and complying with any requirements of, the Town
of Yarmouth by-laws.
7. The erosion control barrier, as shown on the plan of record and established
on the site, shall be maintained until all construction has been completed
and all disturbed areas have been stabilized.
8. In any area where erosion has encroached into the bordering vegetated
wetland (BVW), the applicant shall remove the sediment from the BVW using
hand tools and manual labor.
9. Upon completion of the project, a Certificate of Compliance shall be
requested in accordance with General Condition No. 11, and under the
provisions of 310 CMR 10.05 (9)(d). An "AS- BUILT" plan and a statement
from a Registered Professional Engineer certifying compliance with the
conditions of this Order shall accompany the request for a Certificate of
Compliance.
There are no attached sheets with additional conditions.
5-3B
Bk 37117 Pg159 #31508
Issued by the _pepartment of
Signature �., "��l ''�'
,Tena J. Davies,
ironmental Protection
Waters
on this 9th - day of Ax r4 1 199$ , before me
personally appeared Tena J. Davies
to me known to be the person described in and who executed the foregoing
instrument and acknowledged that he/she executed t e same as his/her free act and
deed.
a12e� a -
Notary ubli My commission expires
The applicant, the owner, any person aggrieved by the Superseding Order, any
owner of land abutting the land upon which the proposed work is to be done, or
any ten persons pursuant to G.L. c.30A §10A, are hereby notified of their right
to request an adjudicatory hearing pursuant to G.L. c.30A, §1,0, providing the
request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),
within ten days from the date of issuance of this Superseding Order, and is
addressed to: Docket Clerk, Office of General Counsel, Department of
Environmental Protection, One Winter Street, Boston, MA 02108. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's
Rules for Adjudicatory Proceedings. 310 CMR 1.01(6), and shall contain the
following information:
(a) the DEP Wetlands File Number, name of the applicant and address of the
project.
(b) the complete name, address and telephone number of the party filing the
request, and, if represented by counsel, the name and address of the
attorney;
(c) the names and addresses of all other parties, if known;
(d) a clear and concise statement of (1) the facts which are grounds for the
proceedings, (2) the objections to this Superseding Order, including
specifically the manner in which it is alleged to be inconsistent with the
Department's Wetlands Regulations (310 CMR 10.00) and does not contribute to
the protection of the interests identified in the Act, and (3) the relief
sought through the adjudicatory hearing, including specifically the changes
desired in the Superseding Order;
(e) a statement that a copy of the request has been sent to the applicant, the
conservation commission and each other party or representative of such
party, if known.
Failure to submit all necessary information may result in a dismissal by the
Department of the Notice of Claim for an Adjudicatory Hearing.
Detach on dotted line and submit to the Department of Environmental Protection
prior to commencement of work.
To Department of Environmental_ Protection, Issuing Authority. Please be advised
that the order of Conditions for the project at Lot 2 Curve Hill Road , File
Number SE 83-1352, has been recorded at the Registry of Deeds Barnstable Count
and has been noted in the chain.of title of the affected property -in accordance
with General Condition 8 on 1 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature , Applicant
K/DFG/dg /bh
5-4B
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED E RECORDED ELECTRONICALLY