HomeMy WebLinkAboutSOC 8.22.2025 MassDEP Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Southeast Regional Office•20 Riverside Drive, Lakeville MA 02347.508-946-2700
Maura T. Healey Rebecca L.Tepper
Governor Secretary
Kimberley Driscoll Bonnie Heiple
Lieutenant Governor AUG u
/BUG 2 0 2025 Commissioner
Rosangela Caloiero RE: YARMOUTH - Wetlands
c/o Brian J. Wall, Esq. File No. SE 83 - 2463
90 Route 6A Superseding Order of
Sandwich, MA 02563 Conditions
Dear Attorney Wall;
Following an in-depth review of the above-referenced file, and in accordance with Massachusetts
General Laws,Chapter 131, §40,the Department of Environmental Protection has issued the enclosed
Superseding Order of Conditions. The enclosed Order approves the proposed construction of a pier,
ramp, and float over and into the waters of the Bass River, subject to certain conditions deemed necessary
by the Department to protect the interests of the Wetlands Protection Act(the Act).
The Department has determined that the project site is significant to the statutory interests of
storm damage prevention, flood control, groundwater supply,protection of fisheries, land containing
shellfish,wildlife habitat, and prevention of pollution. Although the project is located within several
wetland resource areas, in the Department's opinion,the project as revised and conditioned herein
adequately protects the interests of the Act.
Please be advised that this approval indicates the project has been conditioned to meet the
performance standards set forth in the wetlands' regulations.
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. 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. Specifically,this Order does not relieve the permittee or any other
person of the necessity of receiving approval of the proposed project under Chapter 91,the Massachusetts
Public Waterfront Act.
Should there be additional proceedings in this matter,the Department reserves the right to raise
additional issues and present further evidence as may be appropriate.
This information is available in alternate format Please contact MassDEP at 617-292-5500.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
If you have any questions concerning this Order,please do not hesitate to contact Amy Walkey at
amy.walkey@mass.gov.
Very truly yours,
etk—
Maissoun Reda,Chief
Wetlands Program
Bureau of Water Resources
MR/aw
Enclosure
CERTIFIED MAIL#9589 0710 5270 0284 2430 22
cc: Yarmouth Conservation Commission
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
A. General Information
Please note: MassDEP Southeast Regional Office
this form has 1.From:
been modified Issuing Authority
with added 2 This issuance is for a.El Superseding Order of Conditions
space to
accommodate (check one): b.❑ Amended Superseding Order of Conditions
the Registry
of Deeds 3.To: Applicant:
Requirements
Rosangela Caloiero
Important: a.First Name b.Last Name
When filling
out forms on c.Organization
the
computer, 20 Perry Street
use only the d.Mailing Address
tab key to Watertown MA 02472
move your
cursor-do e.City/Town f.State g.Zip Code
not use the 4. Property Owner (if different from applicant):
return key.
tart a.First b.Last Name
s
MAIc.Organization
d.Mailing Address
e.City/Town f.State a.Zip Code
5. Project Location:
59 Oyster Cove Road (Easement) Yarmouth
a.Street Address b.City/Town
81 20
c.Assessors Map/Plat Number d.Parcel/Lot Number
41.67876 70.16979
Latitude and Longitude, if known: d.Latitude e.Longitude
wpaform5.doc• rev.3/2/2020 Page 1 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Bamstable
a.County b.Certificate Number(if registered land)
dominant, 35526 and servient, 34889 dominant, 266 and servient, 228
c.Book d.Page
7. Dates: 2/5/2025 5/16/2025 N/A
a.Date Notice of Intent Filed b.Date DEP Site Visit c.Date of Issuance of Local Order
8. Final Plans and Other Documents (attach additional plan or document references as needed):
Plan Showing Proposed Modification and Maintenance of a Pile Supported Pier,Ramp&Float in
Bass River at 0 Oyster Cove Road,Yarmouth
a.Plan Title
Cape Cod Engineering, Inc. Robert Perry, PE
b.Prepared By c.Signed and Stamped by
May 29, 2025 1" = 10' as noted on plan
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
B. Findings
1. 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 Department 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:
a. El Public Water Supply b. El Land Containing Shellfish c. El Prevention of
Pollution
d. ❑ Private Water Supply e. 0Fisheries f. Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Department hereby finds the project, as proposed,is:(check one of the following boxes)
Approved subject to:
a. El the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Department 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.
wpaform5.doc• rev.3/2/2020 Page 2 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
' WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
B. Findings (cont.)
Denied because:
b. 0 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 CMR 10.05(6)(c).
3. 0 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. 0 Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ 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. 0 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. 0 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
9. 0 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.sq uare feet h.sq uare feet i.square feet j.square feet
wpaform5.doc• rev.3/2/2020 Page 3 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands -2 83463
WPA Form 5 — Order of Conditions SE SE 83 P File#
463
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ® Land Under the 315 315
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ® Coastal Beaches 80 80 cu yd cu yd
a.square feet b.square feet c.nourish ment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. 0 Coastal Banks a.linear feet b.linear feet
16. 0 Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. 21 Land Containing 395 395
Shellfish a.square feet b.square feet c.square feet d.square feet
20. El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. 0 Land Subject to 475 475
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ 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
wpaform5.doc• rev.3/2/2020 Page 4 of 12
•
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
B. Findings (cont.)
*#23.If the 23. ❑ Restoration/Enhancement ":
project is for
the purpose of
restoring or a. b.square feet of salt marsh
enhancing a
wetland resource area 24. ❑ Stream Crossing(s):
in addition to
the square
footage that a. b.number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(evw)or The following conditions are only applicable to Approved projects.
B.17.c(Salt
please
Marsh)aboventer Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modifythis Order.
the additional 9 �/
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.
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.
c. If the work is fora Test Project,this Order of Conditions shall be valid for no more than
one year.
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. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant,subject to the provisions of 310
CMR 10.05(11)(f).
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 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.
wpaform5.doc• rev.3/2/2020 Page 5 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
/
WPA Form 5 — Order of Conditions MassDEPFile#
N7:
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
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.
C. General Conditions Under Massachusetts Wetlands Protection Act
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
Department 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 SE 83-2463 "
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 8A)to the Department.
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 Department 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
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
wpaform5.doc• rev.3/2/2020 Page 6 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands -2463
83
WPA Form 5 — Order of Conditions SE SE 83 PFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Department, 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.
C. General Conditions Under Massachusetts Wetlands Protection Act
19. The work associated with this Order(the"Project")
(1) ❑ is subject to the Massachusetts Stormwater Standards
(2) ® is NOT 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;
iii. 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.
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:
i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
wpaform5.doc• rev.3/2/2020 Page 7 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands -2463
83
WPA Form 5 — Order of Conditions SE SE 83 PFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
ii.)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
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 Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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.
wpaform5.doc• rev.3/2/2020 Page 8 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, Yarmouth
City/Town
I) 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.
See page 13 for additional Special Conditions #1 -12
D. Findings Under Municipal Wetlands Bylaw or Ordinance
To the extent that the Order is based on a municipal bylaw or ordinance, and not on the
Massachusetts Wetlands Protection Act or regulations, the Department has no jurisdiction to
supersede the local by-law order.
E. Signatures
This Order is valid for three years,unless otherwise specified as a special AUG 2 0 2025
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
The Order must be mailed by certified mail(return receiptrequested)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,and the property owner,if different
from applicant.
Signature:
g
Ma oun Reda, Chief —Wetlands Section
CZ by certified mail on
AUG 2 0 2025
Date
Certified Mail# 9589 0710 5270 0284 2430 2Z
F. Recording Information
wpaform5.doc• rev.3/2/2020 Page 9 of 12
Massachusetts Department of Environmental Protec Provided by MassDEP:
Bureau of Resource Protection -Wetlands -2463
83
WPA Form 5 — Order of Conditions SE SE 83 PFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, 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 Department.
Massachusetts Department of Environmental Protection —Southeast Regional Office
Issuing Authority
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Department.
To:
Massachusetts Department of Environmental Protection —Southeast Regional Office
Issuing Authority
Please be advised that the Order of Conditions for the Project at:
59Oyster Cove Road SE83-2463
Project Location,Street&Town MassDEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
County Book Page
for: Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
M R/aw
Signature of Applicant
wpaform5.doc• rev.3/2/2020 Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
i WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth
City/Town
G. Appeal Rights and Time Limits
The applicant, the landowner, any person aggrieved by the Superseding Order, Determination or other
Reviewable Decision as defined at 310 CMR 10.04, who previously participated in the proceedings
leading to this Reviewable Decision,the conservation commission, or any ten (10) residents of the city
or town where the land is located if at least one resident was previously a participant in the permit
proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L.
c.30A, § 10, provided the request is made by certified mail or hand delivery to the Department, along
with the appropriate filing fee and a MassDEP Fee Transmittal Form within ten (10) business days of
the date of issuance of this Superseding Order or Determination, and addressed to:
Case Administrator
Office of Appeals and Dispute Resolution
Department of Environmental Protection
100 Cambridge Street
Boston, MA 02114
A copy of the request (hereinafter also referred to as Appeal Notice)shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission, the applicant, the person that
requested the Superseding Order or Determination, and the issuing office of the MassDEP at:
MassDEP
20 Riverside Drive
Lakeville, MA 02347
In the event that a ten resident group requested the Superseding Order or Determination, the Appeal
Notice shall be served on the designated representative of the ten resident group, whose name and
contact information is included in this Reviewable Decision (when relevant).
Contents of Appeal Notice
An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR
1.01(6) and 310 CMR 10.05(7)(j), and shall contain the following information:
(a) the MassDEP Wetlands File Number, name of the applicant, landowner if different from
applicant, and address of the project;
(b) the complete name, mailing address, email address, and fax and telephone numbers of the
party filing the Appeal Notice; if represented by consultant or counsel, the name, fax and
telephone numbers, email address, and mailing address of the representative; if a ten
residents group, the same information for the group's designated representative;
(c) if the Appeal Notice is filed by a ten (10) resident group, then a demonstration of participation
by at least one resident in the previous proceedings that led to this Reviewable Decision;
(d) if the Appeal Notice is filed by an aggrieved person, then a demonstration of participation in
the previous proceeding that lead to this Reviewable Decision and sufficient written facts to
demonstrate status as a person aggrieved;
(e) the names, telephone and fax numbers, email addresses, and mailing addresses of all other
interested parties, if known;
wpaform5.doc• rev.3/2/2020 Page 11 of 13
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth
City/Town
(f) a clear and concise statement of the alleged errors contained in the Department's decision
and how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the
protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131, §40,
including reference to the statutory or regulatory provisions that the party filing the Appeal
Notice alleges has been violated by the Department's Decision, and the relief sought,
including any specific desired changes to the Department's decision;
(g) a copy of the Department's Reviewable Decision that is being appealed and a copy of the
underlying Conservation Commission decision if the Reviewable Decision affirms the
Conservation Commission decision;
(h) a statement that a copy of the request has been sent by certified mail or hand delivery to the
applicant and the conservation commission; and
(i) if asserting a matter that is Major and Complex, as defined at 310 CMR 10.04, a statement
requesting that the Presiding Officer make a designation of Major and Complex, with specific
reasons supporting the request.
Filing Fee and Address
A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money
order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100)
must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a
waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county,
district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department
may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows
that paying the fee will create an undue financial hardship. A person seeking a waiver must file an
affidavit setting forth the facts believed to support the claim of undue financial hardship together with
the hearing request as provided above.
wpaform5.doc• rev.3/2/2020 Page 12 of 13
-Noppi
LMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands SE 83-2463
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth
City/Town
Additional Special Conditions:
1. Prior to commencement of construction, the project proponent must apply for and complete
the C.91 licensing process.
2. Upon completion of the project,a Certificate of Compliance shall be requested in accordance with
General Condition No. 12, 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.
3. Construction of the proposed components is to be accomplished by working out from and upon
completed portions of the pier. No heavy construction equipment, vehicles or barges are
permitted on the tidal flat during construction of the pier.
4. Alternatively, construction may be accomplished from a barge operating in at least two
feet of water. The barge shall not be permitted to ground out at low tides.
5. To allow sunlight penetration,the individual deck planks of the structure are to be spaced at least
3/4 inch apart.
6. Dredging (including but not limited to the effects of propwash)is neither proposed nor permitted
in this filing.
7. The "rip-rap"shown on the plan of record is pre-existing. No additional material shall be added
to the slope. This Order does not permit any alteration of Coastal Bank.
8. The use of timbers pressure treated with Creosote, C.C.A or the equivalent, is prohibited as
construction material. The use of timbers treated with A.C.Q.(Alkaline Copper Quats), or
untreated materials such as steel, greenheart, or fiberglass, is permitted.
9. Minimal jetting of piles is permitted to set them into place. Piles shall be mechanically driven to
refusal or a depth of at least ten feet.
10. Prior to construction, oysters within the dock footprint shall be collected and moved to an
adjacent area of the harbor.
11. If removed, any portion of the dock or float system shall be stored in a suitable upland
location or upon the permanent portion of the pier. Said storage shall be in conformance with
any applicable local, state or federal requirements.
12. This Order does not relieve the permittee of the necessity of receiving and complying with the
requirements of the Town of Yarmouth Wetland By-Law.
wpaform5.doc• rev.3/2/2020 Page 13 of 13
Massachusetts Department of Environmental Protection 51
1
Adjudicatory Hearing Fee Transmittal Form
IMPORTANT! This form is intended for fee transmittal only.The contents of a request for an adjudicatory
appeal (Notice of Claim) are established at 310 CMR 1.01(6)and the substantive statutes and regulations
governing the Department's action.
A. Person/Party Making Request
1. Name and address of person or party making request:
Important:When
filling out forms Name-If appropriate,name group representative
on the computer,
use only the tab
key to move your Street Address
cursor-do not
use the return City State Zip Code
key.
2. Project Information:
Street Address
rears
/ AP•
City State Zip Code
$
DEP File or ID Number Amount of filing fee attached
Email Address
B. Applicant (if applicable)
1. Name and address of applicant:
Name-If appropriate,name group representative
Street Address
City State Zip Code
Email Address
C. Instructions
1. Send this form and check or money order of$100.00 payable to the Commonwealth of
Massachusetts to the MassDEP Lockbox at:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
2. Send a copy of this form and a copy of the check or money order with the Request for Adjudicatory
Appeal(Notice of Claim)to:
MassDEP Office of Appeals and Dispute Resolution
Case Administrator
100 Cambridge Street, Suite 900
Boston, MA 02114
adjherfm.docx•rev.12/22 Adjudicatory Hearing Fee Transmittal Form•Page 1 of 1
MassOEP I G(] T L c 1
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Communication for Non-English-Speaking Parties
This document is important and should a translated immediately.
If you need this document translated, please contact MassDEP's Director of Environmental Justice
at the telephone number listed below.
Espanol Spanish Ayisyen Kreyal Haitian Creole
Este documento es importante y debe ser Dokiman sa a enpotan epi yo ta dwe tradui I
traducido inmediatamente. Si necesita traducir imedyatman. Si w bezwen tradui dokiman sa a,
este documento, pongase en contacto con el tanpri kontakte Direkte. Jistis Anviwonmantal
Director de Justicia Ambiental de MassDEP MassDEP a nan nimewo telefon ki endike anba a.
(MassDEP's Director of Environmental Justice)
en el numero de telefono que figura mas abajo. Viet ? ietnain
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Este documento a importante e deve ser long lien he vo'i Gann Doc Phong Cong Ly Moi
traduzido imediatamente. Se voce precisar Truang cOa MassDEP theo so lien thoai du'o'c
traduzir este documento, entre em contato com liet ke ben du'o°i,
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t ri T�� rn,5- ix 3� SC f , immediatamenti. Se nho ta presisa ke es
MassDEP A-I/(I ° dokumentu sta tradisidu, por favor kontata 0
Diretor di Justisia di Environman di DEP ku es
numero di telifoni menxionadu di baixo.
Contact Deneen Simpson 857-406-0738
Massachusetts Department of Environmental Protection
100 Cambridge Street 9th Floor Boston, MA 02114
TTY#MassRelay Service 1-800-439-2370• httcs://wwv.mass.gov/environmental-justice
(Version revised 8.2.2023)310 CMR 1.03(5)(a)
Deutsch
3To tipe3Bb14a1)1Ho BaN<Hb:cl goKyMeHT, In off Dieses Dokument ist wichtig and muss sofort
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hwiljtiptibl Armenian numero di telefono sotto indicato.
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wprtwpwr}wunnLlajwla rlbliwi4wphli (Director of skontaktowac sie z dyrektorem
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Ce document est important et doit etre traduit
immediatement. Si vous avez besoin d'une #crkc I
traduction de ce document, veuillez contacter
le directeur de la justice environnementale du
MassDEP au numero de telephone indique ci-
dessous.
Contact Deneen Simpson 857-406-O73B
Massachusetts Department of Environmental Protection
100 Cambridge Street 9th Floor Boston, MA 02114
TTY#MassRelay Service 1-800-439-2370• n_tos:HI/ wi mass.gov/environmental-justice
(Version revised 8.2.2023)310 CMR 1.03(5)(a)