HomeMy WebLinkAboutModified II OOC recordedMassachusetts Oepadment of F.Ai► NnWMh1 Ple%tlee EP His Number
Bureau of Resoumce Protection - Wetlands
0 1FIE — II
I
WPA Form 5 = Order of o"nWitions f.DEPweonhl
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Applicant Information B I <12 9 29 P C"A' 18313 21-1 113 2 3
1014—liDIS--2000 ice" 01 : f_t5
From: The Notice of Intent for this project was flied on:
YARMOUTH
comenx an comm"On
For:
SE 83-1352
To:
Siddharth Siddharth
283 Weymouth Street
+i6116VAdd M
Holbrook,
MA 02343
sate TV coat
The project site is located at;
South Yarmouth
00/rom
101 J2
As wva r bAft F ftu*tor 0
and the property is recorded at the Registry of Deeds for:
Barnstable 10204 0080
CWVY owk Pipe
Cep rdM913 tred ►mdl
U Findings
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 commission finds that the
area in which work is proposed is significant to the following
Interests of the Wetlands Protection Act (check all that apply):
= Public Water Supply
Private Water Supply
Groundwater Supply
g Hood Control
- Land Containing Shellfish
Fisheries
$ Storm Damage Prevention
XPrevention of Pollution
XProtection of Wildlife Habitat
2/8/46
Ara
The public hearing was closed on:
3/16/00
mra
Title and pate of final Plans and Other Documents:
Plan of land,'tCurve [fill Rd.
So -Yarmouth - Lot J2 - prepared
for Siddharth Siddharth by
Yunits Engineering Co.,
Holbrook, MA - REV. 2/22/00
Furthermore, this Commission hereby finds that the project, as
proposed, is:
(check one of the following boxes)
Approved subject to:
the following conditions which are necessary, in accordance
with the performance standards set forth in the wetlands
regulations, to protect those interests checked above. This
Commission orders that all the 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.
Rev. 10/98 Page 1 of 5
Massachusetts Department of Environmental Protection Town of Yarmouth
Bureau of Resource Protection —Wetlands MODIFIED - II Wetiand BY -Law
WPA Form 5 - order of Conditions Chapter143
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40
Flndfngs (cost.) �� `= t ` ' P1131.81 210 6 23
Denied because:
^; the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations
to protect those interests checked above. 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 these Interests, and a final
Order of Conditions is issued.
❑ 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 sufficlent information and Includes measures
which are adeq uate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the speGfic
Information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(b)(c).
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,
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 extention date
and the special circumstances warranting the extended
time period are set forth as a special condition 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. Any fill shall contain no trash, refuse, rubbish, or
debris, Including but not limited to lumber, bricks, piaster,
wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators,
motor vehicles, or parts of any of the foregoing.
This Order does not become 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.
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 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 this 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 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"
jot, "MA DEP"j "File Number
SE 83-1352
Rolla nk MAW
10.Wherethe 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 the Department.
11.Upon completion of the work described herein, the applicant
Shall submit a Request for Certificate of Compliance (WPA
Form 8A) to the Conservation Commission.
12.The work shall conform to the following attached plans and
special conditions:
Final Approved Plans (attach additional plan references as
needed):
_plan__ f land-(;ux5ze Hill Rom
True
REV. 2/22/00
aw
Terrence J. Chase P.E.
s"dsnasamPeaay Rbt. Backman, PLS
Con Com
on fire Wrn
Rev. IN8 Page 2 of 5
"AM2.0,
DEP
Massachusetts Department of Envirrorrrnfeial Prefectien Town of Yarmouth
Bureau of Resource Protection -- Wetlands MODIFIED - II Wetland By -Law
WPA Form 5, order of Conditions Chapter 143
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
U findings (cont.)
13. Any changes to the plans identified In Condition 112 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.
14. The Agent or members of the Conservation Commission
and 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 condl-
tions stated in this Order, and may require the submittal of
any data deemed necessary by the Conservation Commis-
slon or Department for that evaluation.
15. 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 perform-
ing work conditioned by this Order.
16. 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 serve as the limit of
work (unless another limit of work Ilne has been noted in
the plans of record) and be maintained until a Certificate of
Compliance has been issued by the Conservation Commis-
sion.
17. AN 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 construc-
tion, 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 notifythe Conservation
Commission, which reserves the right to require additional
erosion and/or damage prevention controls it may deem
necessary.
Special Conditions (Use additional paper ii necessary)
SEE ATTACHED SHEETS —
PAGES 3-A & 3-B
Findings as to municipal law, bylaw, or ordinance
Furthermore, the
YARMOUTH
Cav union Commission
hereby finds (check one that applies):
0 that the proposed work cannot be conditioned to meet the
standards set forth In a municipal law, ordinance, or bylaw,
specifically
14kWrWCWW of municipal low, bylaw, or Oliva
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 of Conditions is Issued.
that the following additional conditions are necessary to
comply with a municipal law, bylaw, or ordinance, specifi-
cally
14�meandWT�ionolmunicipallaw bylaw, orordinance.
The Commission orders that all the work shall be performed
In accordance with the said additional 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.
Additional conditions relating to municipal law, bylaw, or
ordinance:
Rev.10198
Page 3 of 5
SPECIAL CONDITIONS - PAGE 3-A
SIDDHARTH SIDDHARTH
SE 83-1352
The applicant shall be held responsible to advise the contractor of all these Orders of
Conditions,
2. The Conservation Officer shall be notified at least 48 hours prior to the commencement of
the proposed work. Telephone number is 398-2231 ext. 283.
3. These Orders of Conditions shall apply to any successor in interest or successor in
control.
4. Any fill required, (See General Order #6 in Order of Conditions) shall be of clean sand and
contain no material over 12 inches in diameter.
The existing silt fence and haybales shall remain in place. No work whatsoever shall occur
on the wetland side of this line.
6. Any area proposed for removal of vegetation for a period of more than seven days, shall
be mulched or otherwise treated to prevent erosion.
7. The deck shall not be closed in without a filing of either a Notice of Intent or a Request
for Determination of Applicability.
8. The back yard shall be planted with indigenous ground covers shrubs, trees etc. Lawn will
not be allowed.
9. The general contractor shall arrange an on site meeting with the Conservation
Administrator prior to the start of any work.
10. The applicant shall be responsible for having a copy of the Orders of Conditions on the job
site at all times. Failure to do so could possibly result in a revocation of the Order, a fine
or both.
11. The Conservation Commission, its agents or assign, shall have the express right of entry
upon the property for the purposes of establishing compliance to the conditions stated
herein.
CONTINUED .........
SPECIAL CONDITIONS CONTINUED - PAGE 3-B
SIDDHARTH SIDDHARTH
SE SE 83-1352
12. Upon completion of the project a Certificate of Compliance shall be requested. This
Order shall be considered incomplete until the Certificate of Compliance is recorded.
13, Any changes whatsoever form the plan dated 2/22/00 shall be approved by the
Conservation Commission prior to implementation.
Massachusetts feparW nt of Fnll►iromnental ProtsWNen Town of Yarmouth
Bureau of Resource Protection -Wetlands MODIFIED - II Wetland By -Law
WPA Form 5 - order of Conditions Chapter143
1 _
Massachusetts Wetlands Protectlon Act M.G.L. c. 131, §40
U Findings (cont.)
This Order is valid for three years, unless otherwise specified
as a special condition pursuant to General Conditions !4,
from the date of issuance.
March 22, 2000
no
This Order must be signed by a majority of the conservation
commission. The Order must be mailed by certified mail
(return receipt requested) or hand delivered to the applicant.
A copy also must be malted or hand delivered at the same
time to the appropriate reglonal office of the Department of
Environmental Protection.
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 Department of Environmental Protection 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
Appendix E: 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.
On this —6 A
iNa�m
oa6
YM
before me personally appeared
H4 Mf
to me known to be the person ifesct*d'( end Who executed
the foregoing Instrument and 7ic09yrled6ed lh�]Wshe
executed the same as hiller free W sma deed.`>
i
Ary mnminw edits r s�
This Order is issued to the applicant as follows:
0 by hand delivery on
M
XX by certified mail, return receipt requested, on
March 22, 2000
00
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
bylaw, and not on the Massachusetts Wetlands Protection Act
or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
MRNTAILI REGISTRY OF DEEDS
Rev. 1OV98 Page 4 of 5