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HomeMy WebLinkAboutOOC 8.27.2025 Massachusetts Department of Environmental Protection Provided by MassDEP: L Bureau of Resource Protection-Wetlands MassDEP File#:083-2477 WPA Form 5-Order of Conditions eDEP Transaction Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 #:1895975 City/Town:YARMOUTH A.General Information 1.Conservation Commission YARMOUTH 2.Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name ROBY b.Last Name WHITEHOUSE c.Organization TOWN OF YARMOUTH DEPARTMENT OF PUBLIC WORKS d.Mailing Address 74 TOWN BROOK ROAD e.City/Town WEST YARMOUTH f. State MA g.Zip Code 02673 4.Property Owner a.First Name ROBY b.Last Name WHITEHOUSE c.Organization TOWN OF YARMOUTH DEPARTMENT OF PUBLIC WORKS d.Mailing Address 74 TOWN BROOK ROAD e.City/Town WEST YARMOUTH f. State MA g.Zip Code 02673 5.Project Location a.Street Address 220 SOUTH STREET* b.City/Town YARMOUTH c.Zip Code 02673 d.Assessors 26,26,NA e. Parcel/Lot# 116, 128,NA Map/Plat# f.Latitude 41.64417N g.Longitude 70.19892W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page BARNSTABLE 1153 0130 BARNSTABLE 3632 0337 7.Dates a.Date NOI Filed: 4/17/2025 b. Date Public Hearing Closed: 8/7/2025 c.Date Of Issuance: 8/27/2025 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: TOWN OF YARMOUTH BEACH HORSLEY WITTEN MANAGEMENT GROUP,INC. August 2025 PLAN, SMUGGLERS BEACH, Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions Ciry/rown:YARMOUTII Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 TOWN OF YARMOUIH BEACH HORSLEY WITTEN MANAGEMENT GROUP,INC. August 2025 PLAN,SOUTH MIDDLE BEACH AND JUDAN WAY, B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the 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. Check all that apply: a. r Public Water Supply b.r Land Containing Shellfish c.P Prevention of Pollution d. P Private Water Supply e. r Fisheries f. l Protection of Wildlife Habitat g. r Ground Water Supply h. P Storm Damage Prevention i. r Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.r 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. Denied because: b.r 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 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.r 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 interests of the Act,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.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions city/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 4. r Bank a.linear feet b. linear feet c. linear feet d. linear feet 5.r Bordering Vegetated Wetland a. square feet b.square feet c. square feet d. square feet 6. r Land under Waterbodies and Waterways a. square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged 7.1—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.r 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.r 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 Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a. square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches 130500 130500 0 a. square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a. square feet b.square feet c.c/y nourishment d.c/y nourishment 15.7 Coastal Banks a. linear feet b. linear feet 16.E Rocky Intertidal Shores a. square feet b. square feet Page 3 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 �� Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WFA Form 5-Order of Conditions Provided :YARMOUTII Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 l7.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds a. square feet b. square feet c.c/y dredged d.c/y dredged 19.r Land Containing Shellfish a. square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.! Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.P Land Subject to Coastal Storm Flowage 130500 130500 a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C.General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 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,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. Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 L, Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 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. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 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. 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:"083-2477" 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 Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)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. 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. Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions ciry/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1)r is not(2)P subject to the Massachusetts Stormwater Standards.If the work is subject to 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 Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 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 19(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 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 Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant 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 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(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 Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions city/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 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. 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. Special Conditions: D. Findings Under Municipal Wetlands Bylaw or Ordinance 1.Is a municipal wetlands bylaw or ordinance applicable?r Yes E No 2.The Conservation Commission hereby(check one that applies): a.r DENIES the proposed work which 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 not 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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b'F, APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or YARMOUTH Bylaw WETLAND BYLAW 2.Citation CHAPTER 143 3 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, Page 7 of 10*ELECTRONIC COPY LMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions Prove own:YAIRMOUTx Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 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: SEE SPECIAL CONDITIONS ATTACHED PAGES 7A-7C Page 8 of 10*ELECTRONIC COPY Town of Yarmouth SPECIAL CONDITIONS 083-2477,Town of Yarmouth DPW,220 South Street,265 South Shore Drive,and the end of Judan Way Approved plans:Beach Management Plan for Smugglers Beach,Horsely Witten Group,August 2025 Beach Management Plan for South Middle and Judan Way, Horsely Witten Group,August 2025 Project description: Beach management with seasonal raking and sand fencing at Smugglers,South Middle,and Judan Way. GENERAL: 1. This Order shall apply to any successors and assigns in interest or control and any other person engaging in activity on the property identified in the Notice of Intent. 2. The applicant/owner shall be responsible for always having a copy of the Order of Conditions on the job site and shall be responsible for ensuring that all people performing the permitted activity are fully aware of its terms and conditions.Failure to do so may result in the revocation of this permit,a fine or both. 3. This Order of Conditions shall be recorded at the registry of deeds/land court and proof of the recording shall be submitted to the Conservation Commission prior to the Pre-Construction meeting. 4. The Conservation Commission,its agents and employees,shall have the right of entry upon the job site at all reasonable times for the purposes of inspecting for compliance with the terms of this Order of Conditions until a Certificate of Compliance is obtained and recorded at the Barnstable Registry of Deeds.Commission members and the Conservation Administrator may acquire any information,measurements,photographs,observations and/or materials or may require the submittal of any data/information deemed necessary by this Commission for that evaluation. 5. This Order of Conditions authorizes only the activities described on the approved plan(s)and approved documents referenced in this Order of Conditions.Any other or additional activities in areas within jurisdiction of the Conservation Commission require a separate review and approval by the Conservation Commission. 6. Any change in the approved plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act(310 CMR 10.00)and the Town of Yarmouth Wetlands Protection Regulations,shall require the Applicant to file,in writing,a notice of project change with this Commission and/or Staff prior to implementing the change in the field to determine the significance of the change and determine whether administrative approval or an Amended Order of Conditions or new Notice of Intent is required.Any errors in plans or information submitted by the Applicant or their Representative shall be considered changes,and the above process shall be followed. Should the project be changed without permission or found by the Yarmouth Conservation Commission to be altered in any way from the approved plan(s),all work will immediately cease until the project is reapproved by the Commission. 7. The Order of Conditions is valid for three years from the date of issuance unless otherwise specifically noted. Extension requests must be applied for at least 30 calendar days prior to the expiration date.Failure to do so will result in a new Notice of Intent filing. 8. The Commission reserves the right to amend this Order of Conditions prior to the completion of construction,after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 9. The Commission reserves the right to require additional information from the Applicant or his/her Representative prior to completion of construction,after a legally advertised public hearing,if plans or circumstances are changed or if new conditions or information so warrant.If the Applicant will not provide such information,the Commission reserves the right to hire a third party applicant at the homeowner's expense to obtain the information needed. 10. Noncompliance with these conditions shall constitute grounds to revoke this permit and/or for an Enforcement Order and fines.Fines shall not exceed$300.00 per day/per violation. PRE-SEASON: 11. Prior to any site disturbance,a pre-season meeting shall be arranged annually by the applicant to be held with the responsible contractors(or those performing the work)and Conservation Administrator(CA)annually to review the Order of Conditions,the work protocol and other required materials identified in this Order of Conditions.Notice of work start and completion along with the name(s)and telephone number(s)of the person(s)responsible on site for compliance with this Order shall be given in writing before or during the Pre-Construction meeting.Work shall not begin until a pre-construction meeting is held,and the CA determines the work can proceed. 12. Prior to the first pre-season meeting, a. A sign shall be visibly displayed on the site showing the DEP and/or the Yarmouth Conservation Division file number and shall remain posted until the issuance of a Certificate of Compliance. b. A copy of this Order of Conditions and site plan shall always be kept on-site and visibly displayed in a weatherproof container. BEACH MANAGEMENT: Page 7a of 9o*ELECTRONIC COPY Town of Yarmouth SPECIAL CONDITIONS 083-2477,Town of Yarmouth DPW,220 South Street,265 South Shore Drive,and the end of Judan Way 13. The Beach Management Plans shall be followed.If changes are proposed to the plans,written edits will be submitted to the Commission and a hearing held to review the proposed changes if necessary 14. Wind blown sand shall not be moved from or removed from path B at south middle beach-the dune height must be maintained. Sand may be removed from the stairs at path B. VEGETATION: 15. Any area that is proposed for beach grass planting will be reviewed with the CA and notified prior to planting. 16. Dumping Prohibited: There shall be no dumping of leaves,grass clippings,brush,or other debris within any Resource Area or associated buffer zones.This is an on-going condition that does not expire with the issuance of a Certificate of Compliance. CERTIFICATE OF COMPLIANCE: 17. Upon completion of the project,a Request for a Certificate of Compliance shall be submitted by the applicant to the Conservation Commission for review. 18. The request shall include the following: a. A written statement from a similar professional who prepared the approved plan,certifying that a site inspection has been performed,the date of this inspection,and that the work has been conducted in compliance with the plan(s)and documents referenced above,as conditioned by the Commission.Any deviation from the approved plan(s)shall be identified. 19. This Order of Conditions shall be considered in non-compliance until the applicant has obtained a Certificate of Compliance and it has been recorded at the Barnstable Registry of Deeds.A copy of the recording information must be submitted to the Commission. NHESP CONDITIONS 1. Smuggler's Beach,South Middle Beach&Judan Way Beach Management: To protect state-listed species and their habitats during the shorebird nesting season,April 1—August 31,beach management and operations located within state-listed species habitats must implement the protection measures detailed in the Beach Management Plan(BMP) and the Guidelines,unless otherwise expressly approved in writing by the Division 2. State-listed Species Monitoring&Habitat Protection:The Applicant has the responsibility of protecting breeding Piping Plovers that occur on these beaches.Regular monitoring for the presence of Piping Plovers and terns must be conducted by a qualified shorebird monitor,as determined by the Division,during the period April 1 — August 31.Areas of Piping Plover nesting habitat must be delineated with symbolic fencing and warning signs. These areas shall remain fenced as long as viable eggs,unfledged chicks,or territorial or courting Piping Plovers are present.All fenced areas shall be managed in accordance with the Guidelines. Greater management flexibility for plovers and terns(i.e.,deviations from the Guidelines)can only be approved by the Division as part of a valid Certificate of Inclusion(COI)and MESA Conservation and Management Permit(CMP)associated with the Statewide Habitat Conservation Plan(HCP).If the Applicant does not have a valid COI&CMP or if they expire, then recreational use and management must fully comply with the Guidelines and be implemented with the protection measures specified in the BMP. 3. Beach Raking&Grooming:To protect state-listed species,all winter beach clean-up must occur prior to April 1. Any raking/grooming during April or May can only occur if a qualified monitor,as determined by the Division,first has determined the locations of all territorial birds and those territories have been fenced and are excluded from raking so as not to deter pre-nesting birds.If state-listed nesting birds are present during April 1 —August 31,then raking should occur as detailed in the BMP and in accordance with the Guidelines. a. For the benefit of beach-nesting birds,from April 1 through August 31,mechanical beach cleaning that reduces the amount of wrack(seaweed and other organic debris)at the tide line should be minimized in the vicinity(±200 yd)of symbolically fenced areas. If wrack is present in typical volumes and does not contain much human trash or present a health risk,it should be left in place.Trash within the wrack line should be removed by hand whenever feasible,leaving in place the majority of the wrack.If copious amounts of wrack present a health risk or are a public nuisance that necessitates removal,leave in place at least one- third of the fresh wrack from a normal tidal cycle to provide foraging and sheltering opportunities for shorebirds. b. When unfledged chicks are present on the beach,beach raking/grooming shall only be conducted when a qualified shorebird monitor is present to determine locations of unfledged chicks and ensure that raking equipment remains at least 100 yards away from unfledged chicks. Page 7b of f) *ELECTRONIC COPY Town of Yarmouth SPECIAL CONDITIONS 083-2477,Town of Yarmouth DPW,220 South Street,265 South Shore Drive,and the end of Judan Way c. If,due to imminent health or human safety concerns,mechanized raking must occur within 100 yards of unfledged chicks,vehicles must be guided by a qualified shorebird monitor who has first determined the locations of all unfledged chicks. 4. Motorized Equipment:All motorized equipment on the beach during April 1 —August 31 must comply with the Guidelines. a. All use and staging of utility vehicles(for all non-emergency situations),including but not limited to distributing equipment to lifeguard stations and ADA mats,must avoid areas of symbolic fencing. b. When unfledged chicks are present on the beach,any routine patrols(non-emergency situations)and use of utility vehicles or heavy equipment(e.g.,debris removal,or distribution of lifeguard stations,ADA mats, etc.),should only be conducted when a qualified shorebird monitor is present to determine locations of unfledged chicks and ensure that motorized equipment remains at least 200 yards away from unfledged chicks. 5. Annual Maintenance of Access Paths: Work associated with the regrading or relocation of wind-blown sand to facilitate beach access should be conducted prior to April 1.If vehicular maintenance on access paths is needed during the period April 1—August 31,all work must be conducted under a Division-approved monitoring and protection plan implemented by a qualified shorebird monitor. 6. Authorization Duration:This authorization is valid for 5 years from the date of issuance.Work may be completed during this 5-year period in compliance with the conditions herein.Pursuant to 321 CMR 10.22,a written request for extension of this determination can be submitted to extend this determination for an additional five(5)year period(10 years total).Extension of the determination is subject to Division review and approval and must be submitted to the Division prior to the expiration of this determination.Thereafter,the applicant shall re-file under the MESA. 7. Notice:Upon filing for renewal,extension,or amendment of the Orders of Conditions,the Applicant shall contact the Division for written response regarding impacts to Resource Area habitat of state-listed wildlife. Page 7c of *ELECTRONIC COPY I Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#: SE83-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E.Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of I Z�l2 d Zj Conditions,the Amended Order expires on the same date as the original Order of 1.Date of Original Order Conditions. Please indicate the number of members who will sign this form.This Order must 5 be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return 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,and the property owner,if different from applicant. Signatures:r-D• (� ij:17:64-X1(74(11/(-4-1,7' i—tAy hand delivery on E by certified mail,return receipt requested,on Date `,'1 / i20- 5 Date 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 for 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. G.Recording Information 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 Page i ofl0*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: - Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 WPA Form 5-Order of Conditions Ciry/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 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: YARMOUTH Conservation Commission Please be advised that the Order of Conditions for the Project at: 220 SOUTH STREET* 083-2477 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner ROBY WHITEHOUSE 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 Signature of Applicant Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2477 Bureau of Resource Protection-Wetlands eDEP Transaction#:1895975 L\\ WPA Form 5-Order of Conditions Cityf own:YARMOVTII Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E.Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of 8/27/2025 Conditions,the Amended Order expires on the same date as the original Order of 1.Date of Original Order Conditions. Please indicate the number of members who will sign this form.This Order must 5 be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return 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,and the property owner,if different from applicant. Signatures: Pat Mulhearn David Bernstein Paul Huggins Elly Tierney John Frost r- by hand delivery on r"by certified mail,return receipt requested,on Date Date 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 for 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. G.Recording Information 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 Page 9 of 10*ELECTRONIC COPY