HomeMy WebLinkAboutExtension and SOC (:MH 1U.99
Form.7 DEP File No. I SE 83-797
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_` YARMOUTH
--- - _ _ Commonwealth • - City Town
of Massachusetts Oyster Cove Investment
Apphcant
Trust
Extension Permit
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• Mown of Yarmouth Wetland Bylaw
From: TOWN OF YARMOUTH CONSERVATION COMMISSION Issuing Authority
To: Oyster Cove Investrr>Pnt Trust P. O. Box 1288, Dennisport, MA
(Name) (Address) •
The Order of Conditions (br Extension Permit) issued on Junc 20, 1988 (date)
to Oyster Covo Inv . Y zust (name) for work at T,nt E ('nw V1PGT Rnar�
So. Yarmouth (address) is hereby extended for a period of 2 year(s) from the
date it expires.
This Extension Permit will expire on__June 20, 1993 (date)
This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.
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(Leave Scace°1anK) •
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Issued by TOWN OF YARMOUTH CONSERVATION COMMISSION
Signature(s) •
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GC.7% (f9.4.4...(Cay
,-(-t/ / OZ":
When issued by the Conservation Commission this Extension Permit must be signed by a majority of its
members.
On this 18th day of April 19 91 , before me
personally appeared The Above . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he!she executed
the same as his/her free act and deed.
9)7C-/a My C&rnntraton Exphs tianb4t'iz.'-9s3
Notary Public My commission expires
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Detach on dotted line and submit to the CONSERVATION COMMISSION prior to commencement of work.
To TOWN OF YARMOUTH CONSERVATION COMMISSION issuingAutharny
Please be aavisea that the Extension Permit to the Oraer of CJnartions for the crated;at
Fiie Numcer has aeen recorCea at the Registry of BARNSTABLE ano
has been notea inane chain a:title of the artec:ea orooerr,in acccrcance with General Canc ticn 8 of the original crcer at canaiticns on
19 If reccraea lava. the instrument numcer wnicr ioent lies mis transact:cn is
If registered tana the accument numcer wnich identifies this transaccon is
Signature aoclicant
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D CG:vSERVATION J
CGAIMISS10fJ J
310 CMR 10.99
Form 7 DEP File No. SE 83-797
.► (To be provided by DEP)
�- NIO -
YAR
City:Town
Commonwealth Oyster Cove
of Massachusetts Applicant
Investment Trust
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Extension Permit
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
�•- r tment of Environmental Protection Issuing Authority
From: Nutter, McClennen & Fish
Falmouth Rd
To: (Address) Hyannis, MP 02601
(Name)
March 10 1988 (date)
The Order of Conditions(cr Extension Permit)issued on Cove View Road, ,t 6
ster Cove Investment Trust (name)for work at
to (3)t�e ears from the
(address)is hereby extended for a period of Y ( )
date it expires.
This Extension Permit will expire on
March 10 1994 (date)
This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.
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(Leave Space Blank)
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Effective 11/10/89
Issued by-Tlepartment of Envircrowntal Protection
Signature(s)
;/-dr(----7/1
Eli th A.Kouloheras, Chief, Wetlands Section
When issued by the Conservation Commission this Extension Permit must be signed by a majority of its
members.
On this
71 day of —uiti -�� L 19 ,before me
personally appeared Elizabeth A.Kouloheras CI to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.cevi /J�fY,32//
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Ndtary Public My commission expires
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_ prior to commencement of work.Detach on dotted tlne and submit to the --- —�--
'—_..."�--'—.--.—.._._..—r.... issuing AuthorityTo
Please be advised that the Extension Permit to the Order of Conditions for the protect a
and
File Number has been recorded at the Registry of
has been noted in the chain of title of the atfected property in accordance with General Condition 8 of the original order of conditions on
19 If recorded land,the instrument numoer whicn idennhes this transaction is
It registered land.the document numoer which identifies this transaction is
Applicant
Signature
K/JM/sl 7-2
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.. 77,1-9->5.(po
Form 5 oLOE F in No SE 83-797
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Ito br,provided by bFOE)
1-11411.1
� € - r Commonwealth CityrrownYARMQUTH_
of Massachusetts Applicant Oyster _Cove Investment Trust
SUPERSEDING
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
From _Department of _En_v_ironmental Quality Engineering
To Oyster Cove Inv, Trust Same
(Name of Applicant) (Name of property owner)
Address .Q..Box 1_288,_7enn_ispor_t, MA Address This Order is issued and delivered as follows:
Li by hand delivery to applicant or representative on — (date)
Li by certified mail, return receipt requested on_ March 10, 1988 (date)
13-676 087 842
This project is located at Let 6,_Cove View Road -
The property is recorded at the Registry of Barnstable
Book 5110 Page 114
Certificate(if registered)_ _The Notice of Intent for this project was filed on.__ July 1, 1987 (date)
The public hearing was closed on August_6, 1987 (date)
Findings
The DRQR — has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
DEQE _at this time, the DEQE has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
L7 Public water supply rid Storm damage prevention
Li Private water supply LI Prevention of pollution
Ll Ground water supply U Land containing shellfish
I Flood control ❑ Fisheries
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Therefore, the _ 1)EQE hereby find; that the following conditions are
necessary, in accordance with the Performance Standard:;set forth in the regulations, to protect those inter-
ests checked above. The 1)EQE _ orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specificarions or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1 Failure to comply with all conditions stated herein, and witn all related ,statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any excii.:s'vs privileges; it does not authorize any injury
to private property of invasion of private rights.
3. This Order does not relieve the permittee or any other person of Elie nc.:essity of complying with all
other applicable federal, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed with;, thi ee years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as pro,ided for in tae Act, or
(b) the time for completion has been extended to a spec:tied date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order
5. This Order may be extended by the issuing authority for one or n ore p:riods of up to three years each
upon application to the issuing authority at least 30 days prior to he expiration date of the Order.
6 Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, v ire, lath, pE,,..er, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the ror,going.
7. No work shall be undertaken until all administrative :,p.oai periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the F;egistry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be don.?. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title ef the owner of the land upon which
the proposed work is to be done. The recording information shall be •abmitted to the DEQE
on the form at the end of this Order prior to commencemerr of the w:,n..
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 Oua5ty Engineering,
File Number SE 8,1-Z47
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Comm,ssion shall he a party to all agency proceedings
and hearings before the Department.
1 1 . Upon completion of the work described herein, the applicant shall fort'-iwith request in writing that a
Certificate of Compliance be issued stating that the word has been sat'sfactorily completed.
12. The work shall conform to the following plans and spe.;ial conditions:
-2.
Issued by the Department of Environmental Quality Engineering
Signature 4../4 ! — —
liobert P. 7agan,; Ileputy Itegior).a; Env iraurtenta1 Engineer
On this /L`W) day of /g Er , before me
personally appeared__ ________Robert P_ Fagan to me known to be the person
described in and who executed the (orecfoing instirunenl and acicnowle:Ige,1 that lie/she executed the same
as hi her free act and dee( .
Notary Pub'c My commission ex,ties
F/JM/j t
The applicant,the owner,any person aggrieved by this Superseding Order,o,ry owner of lane,abutting the land upon which the pro•
posed work is to bo done or any len persons pursuant to G.L.c.30A, §10A are iereby notified of their right to request an adjudicatory
hearing pursuant to G.L.30A, §10,providing the request is made by certified mail or hand call eery to the Department within len days
Iron the dale of issuance of the Superseding Order,and is addressed lo: Docket Clerk,Office.,11 General Counsel,Department of
Environmental Quality Engineering,One Winter Street,Boston,MA 02108.A copy of the request shall al the same lime be sent by
certified mail or hand delivery to the conservation commission,the applicant,grid any other party.
A Notice of Claim for an Adjudicatory Bearing shall comply with the Departnr_ill's Rules for Adjudicatory Proceedings,310 CMR
1.01(6),and shall contain the following information:
(a) the DEQE Wetlands File Number,name ol the applicant and address el the erojecl;
(b) the complete name,address and telephone number of the party tiling the request.and.II represented by counsel,the name and
address ol lire attorney;
(c) the names and addresses of all other parties,it known;
(d) a clear and concise statement of(1)the facts which are grounds for to•o proceeding,l2)lire objections to this Superseding Order,
including specifically the manner in which It is alleged to be Incorststent with tire Lopartm:nt's Wetlands Regulations(310 CMR
10.00)and does not contribute to the protection of the interests:dentifiod;n the Act,end(3)the relief sought through the adju-
dicatory hearing,including specifically the changes desired in the Superseding Ord.ir,
(e) a statement that a copy of the request has been sent to the applicant the c:onservaticn commission and each other party or rep-
resentative of such party.it known.
Failure to submit all necessary information may result in a dismissal by the t'zparbnent of Itt::Notice of Claim for an Adjudicatory Hearing.
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Detach on dolled line end submit to the ---------- prior to commencement of work.
To -- ------- Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has boon recorded at the Registry of—.---- ----- and
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has been noted in the chain of tllte of the effected property In accordance with General Cora iilon 8 on , 19_
II recorded land, the instrument number which Identifies this transaction Is
II registered land, the document number which identifies this transaction Is
Signature -- Applicant
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Plans:
Title Dated Signed and Stamped by: On File with:
LOT 6 ON OYSTER 5/29/87_ Brian McSweeney _. DEQE
COVE ON BASS
RIVER Yarmouth Conservation Commission
GRADING PLAN 12/7/87 Brian McSweeney_ DEQE
Yarmouth Conservation Commission
Special Conditions(use additional paper it necessary)
1. Prior to the commencement of construction, General Condition No. 8, above,
must be complied with.
2. All construction must comply with the above-referenced plans and the conditions
of this Order. For any proposed change in the approved plans or in the work,
the applicant shall file a new Notice of Intent or inquire in writing of the
Department whether the change is substantial enough to require a new Notice
of Intent.
3. It is the responsibility of the applicant, owner and/or successor(s) to ensure
that all conditions of this Order are complied with. The project engineer
and contractors are to be provided with a copy of this Order and referenced
documents before commencement of construction.
4. Prior to any earth moving activity, a staked hay bale filter (end to end) or
filter fabric fencing shall be placed along the limit of activity between all
disturbed areas and the coastal bank as shown on the above-referenced plans.
These erosion and siltation controls shall be maintained in proper functioning
condition until all disturbed areas have been stabilized, or a determination
by the Department that the control measures are no longer necessary.
5. The line of hay bales shall constitute a limit of work line. No alterations
of any kind shall be allowed downslope of this limit of work line by this Order.
6. All final earth gradings shall be permanently stabilized by the application of
loam and seed or sod.
7. Roof drains shall be channeled into down spouts and then into dry wells.
8. Driveways shall be graded to drain into the street drainage system.
(Leave Space Blank)
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5-313
Detach on dotted line and submit to the CONSERVATION COMMISSION prior to commencement of work.
To TOWN OF YARMOUTH CONSERVATION COMMISSION Issuing Authority
Please be aev'seo that the Extension Permit to the Oreer of Canatttons for the protect at \.-%.(3i COVIL.\kevJ itiDcsk-k
File Numcer t3— —4' has been recorded at the Registry of BARNSTABLE ano
has been notea in the chain of title of the attectea property in acccrcance with General Coneiticn 8 of the ong'nat orcer of ccnaitions on
11 \eK3 l t O l� If reccrcea lano. the instrument numoer wnicn ioentif es this transaction is
2124 g It registered lava the document numoer which identities this transaction is
Signature apclicant
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r;i
Altiric 3Or.481510311
Form 5 ' DECE File No. SE 83-797 •
,� (To be provided by DECE)
City/Town YARMOUTH
(; r Commonwealth
i_I 1Q of Massachusetts 1 Applicant Oyster Cove Inv.Trust
• Order of-Conditions •
Massachusetts Wetlands Protection Act
. G.L. c. 131 , §40
• and the Town of Yarmouth Wetland Bylaw
From TOWN OF YARMOUTH CONSERVATION COMMISSION
To Oyster Clive TnvPstment Trust Same
(Name of Applicant) (Name of property owner)
Address_ P•• 0. Box 1288 , Denni spirt- . MAAddress same
This Order is issued and delivered as follows:
0 by hand delivery to applicant or representative on (date)
by certified mail, return receipt requested on • iL e- ,�' 6 /71� (date)
This project is located at '7 Lot #6 CnuP viAw goad, So. Yarmouth
The property is reccrded.at the Registry cf BARN STABLE
Ecok • 51-10 .page 114
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Certificate (if registered) •
The Notice of Intent for this project was filed on July 1-, 1987 (date)
The public hearing was closed on August 6 , 1987 (date)
Findings
The Town of Yarmouth Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Eased on the information available to the
COMMISSION at this time, the COMMISSION has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations far each Area Subject to Protection Under the
Act (check as appropriate): �/
/ Public water supply C Flood control ❑ Land containing shellfish
E/ Private water supply 0Stcrm damage prevention Q Fisheries
Ground water supply Prevention of pollution 0 Protection of wildlife habitat
• 5-1
Efec::ve 11 /1 /87
Therefore, the COMMISSION hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
. ests checked above. The COMMISSION orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
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General Conditions
.
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order. -
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shalt be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
• (b) the time for completion has been extended to a specified date more than three years,but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the COMMISSION
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number SE 83-797 ".
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
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Flans: •
Title Dated Signed and Stamped by: On File with:
Plot Plan 2*87 Brian McSweeney Con. Com: office
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Special Conditions (Use additional paper if necessary) •
13. The applicant shall be held responsible to advise the contractor of all these orders
of conditions.
14. The Conservation Of ficershall be notified at least 48 hours prior to the
commencement of the proposed work. Tel. » 39s4—'3508 . - •
15. These orders of conditions shall apply to any successor in interest or successor in
control.
16 . A double staked haybale dike (with wooden stakes or rebar)
shall be placed 30 ' from the top of the bank.
17 . This dike shall constitute a work limit line . No work
of any kind will be permitted on the wetland side of this
line.
18 . The hay bale dike shall remain in place upon completion
of the project and allowed to decay naturally.
19 . Gutters and downspouts directed into drywells shall be
installed to provide for roof runoff .
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20. Any area proposed for the removal of vegetation for a
period of more than 7 days , shall be mulched or otherwise
treated to prevent erosion. •
21 . The deck shall not be closed in for future habitation
without a filing of a Notice of Intent .
22 . Upon completion of the project a Certificate of Compliance
shall be requested. This Order shall be considered incom-
plete until the Certificate •of . Compliance is recorded.
losueu oy v.J...... ..
Signature(s) •
1,J,Ck ••
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• This Order must be signed by a majority of the Conservation Commission.
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On this 20th day of JijnP 19R8 , before me
personally appeared The Above , to me known to be the
person described in and who executed the foregoing Instrument and acknowledged that he/she executed
the same as his/her free act and deed. •
fitesranalion cares Penns,.lk+ys�
Notary Public My commission expires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting thePland upon which the proposed work Es to
be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department
of Environmental(Duality Engineenng to issue a Superseding Order,providing the request is made by certified mail or hand delivery to
the Department within ten 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 the applicant.
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Detach on dotted line and submit to the CONSERVATION CON1iV11SSI0N prior to commencement of work.
To TOWN OF YARMOUTH CONSERVATION COMMISSION Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of BARN STABLE and
has been noted in the chain of title of the affected property In accordance with General Condition 8 on . 19
If recorded land, the instrument number which Identifies this transaction is
If registered Land, the document number which identifies this transaction la
Signature
Ac;t.:ant
5-4A
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Form 5
OECE File No. ISE 83-797
(To be provided by DEDE)
'S , g/• Commonwealth City/Town YlaRMOUTH
C Wmi1= of Massachusetts
c� Applicant Oyster Cove
.i
' —
Investment Trust
Order of Conditions
Massachusetts Wetlands Protection Act .
G.L. c. 131 , §40
and the Town of Yarmouth Wetland Bylaw
From TOWN OF YARMOUTH CONSERVATION COMMISSION
To Oyste-r Cove Ievestmet -t gust • Same.
(Name of Applicant) (Name of property owner)
Address 13. O. Box 1288 , Dennisport , MA Address Same
This Order is issued and delivered as follows:
❑ lby hand delivery to applicant or representative on (date)
�by certified mail, return receipt requested on $/2-//g7 (date)
This project is located at Lot 6 , Cove View Road, South Yarmouth
The property is recorded at the Registry of BARNSTABLE
Book 5110 Page 114
Certificate(if registered)
The Notice of Intent for this project was filed on July 1 , 1987 (date)
The public hearing was closed on August 6 , 1987 (date)
Findings
The Town of Yarmouth Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
COMMISSION at this time, the COMMISSION has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
0 Public water supply Er Storm damage prevention
0 Private water supply 54 Prevention of pollution
0 Ground water supply 0 Land containing shellfish
l$ Flood control 0 Fisheries
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• Plans: . •
Title Dated Signed and Stamped by: On File with:
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Lot 0 on Oyster 5/29/87 ' Brian McSweeney Con. Com. office
Cove •
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Special Conditions(Use additional paper It necessary)
This application for a permit to alter wetlands under Chapter _131,
section 40, and the Town of Yarmouth Wetland By—Law, is .hereby denied
for the following reason(s):
The Yarmouth Conservation Commission has determined that the
on site Coastal Bank is significant to :
1 . Storm damage prevention.
2 . Flood control.
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It is . a vertical buffer, therefore the application to alter
land within 100 feet of the crest of a Coastal Bank has been
denied under Chapter 131 sec 40, The Wetlands Protection Act ,
and Chapter 143 , The Town of Yarmouth Wetland By-Law.
The -regulations under Chapter -143 , The Town of Yarmouth Wet-
land By-Law.require a 50 foot setback from all structures
to the wetland.
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5-3A
Issued Sy TOWN OF YARMOUTH f,^,onsefvat►on Commission
Signature(*) •
s._,ALI P bP,--=•_ 4,,_,..._ 6_,_,.i._
,,, F 7 ,. .
_ i ts c vtilA/b. f.ckt,,,
Az-ee-:,--.f.r.- ,-.7e./.1. z-,7
This Order must be signed by a tnsiortty of the Conservation Commission.
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On this_ 20th day of nujugt 19 87 .before me
personalty appeared_app The Above .b me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the barn*as his/her free act and
deed.
t• - ��c_ ` _ 1h comm}asia+Expires Nniminhor R 1 e93
Nosy Pubbc My commission expires
The applicant,the owner.any person aggrieved by Ns Order.any owner of lard abutting the hind upon which Pie proposed wort Is to
be done or any ten residents of NI city or town in which such Ind is located we hereby nobTied of that right to is made*certified mail or request thend d Department
of Envtrwvner+tal Ouakty Engineering to issue a Supseg Order,providing request
y to
t he Department within ten days from the date of issuance of this Order.A copy of tie request shN at the same erne be sent by certified
mall or hand deWery to the Conservation Commission and the appicant
A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudcatory Proceedings,310 CMR
1.01(6).and shaA contain the following information:
(a) the DEOE Wetlands Fib Number.name of the applicant shad address of the projech: -
(b) the complete name,address and telephone number of the party fling the request.and,if represented by counsel,the name and
address of the attorney: - - -
(c) the names and addresses of all other parties.if known;
(d) a clear and concise statement 01(1)the facts which are grounds for the proceeding.(2)the objections to this Superseding Order.etlands Regulations(310 CMR
including specifically the manner in which it is alleged to be inconsistent with the Department egu
10.00)and does not contribute to the protection of the interests identified in the Act,and(3)the relief sought through the edju-
dicatory hearing,including specilcairy the changes desired in the Superseding Order;(e) a statement that a copy of the request has been sent to the applicant.the conservation commission and each other party or rep
resentative of such party,if known. to Hearing.
to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjhdica ry
Detach on dotted tine and submit to theCONSERVATION COMMISSION prior to commencement of work
T TOWN OF YARMOUTH CONSERVATION COMMISSION Issuing Authority
Please be advised thal the Order of Conditions for the project at
Fie Number
has been recorded at the Registry of BARN STABLE and
has been noted in the chain of title of the effected property in accordance with General Condition B on 10
t recorded lend.the Instrument number which identifies this transaction is
t registered land.the document number which identities this transaction is
Applicant
Signature
5-4A
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§ 143-10 YARMOUTH CODE § 143-11
B. An appeal shall be perfected by filing a complaint with the
First Barnstable Division of the Trial Courts of the
Commonwealth and by sending a copy thereof, certified
mail, return receipt requested, to the Town Clerk and the
Conservation Commission of the Town of Yarmouth and, if .
the appellant is other than the petitioner, to the petitioner,
all within twenty-one (21) days of said order or failure to
• act. The Court shall hear all evidence pertinent to the
authority and findings of the Commission and determine
the facts and, upon the facts so determined, annul such •
decision if found to exceed the authority of the Commission
or make such other decree as justice and equity may
require.The Selectmen are instructed to petition the Great
and General Court of the Commonwealth to confer ap-
pellate jurisdiction over this chapter to the First Barn-
stable Division of the Trial Courts of the Commonwealth in
• ' accordance with and to effectuate the purposes and
provisions of the chapter as amended; and this chapter, as
- amended,is accepted and adopted, provided that the Great
and General Court of the Commonwealth,by Special Act of
the Legislature, confers such appellate jurisdiction over this
chapter upon the First Barnstable Division of the Trial Courts
of the Commonwealth.
§ 143-11. Violations and penalties. [Added 4-8-86 by Art. 17,
approved 5-8-86j - •
Any person, as defined in § 143-3 of this chapter, who violates or
causes tote violated § 143-2A of this chapter shall be punished by a
fine of not less than one hundred dollars ($100.) or more than three
hundred dollars ($300.) for each violation and, in addition, not less •
than three hundred dollars ($300.) for each subsequent violation.
This section shall be enforced by any officer having police powers in
the Town of Yarmouth.
•
14306 6-25-86
• yit&
i _��� � exE'e� o#e&Venithe-C2/217/erda,./400Commission IR,
goe,./4.,il cataid,, •
S. Russell Sylva /yn
Commissioner �JG�GGrize.ad i a�L /// ��Gilbert T.Joly // 1
Regional Environmental Engineer ���CZ�Ge o1 GG l a,�i .1]g,7.2 1 1981
94s7-12S7, ?ext. 680-684
July 20, 1987
This Department is in receipt of the following application filed in accordance with
the Wetlands Protection Act, General Laws, Chapter 131, Section 40 ("the Act") :
Name Oyster Cove Investment Trust
Address P.O. Box 1288. Dennisport, Massachusetts
Owner of Land Same
City/Town Yarmouth Location Cove View Road - Lot 6
The project has been given the following Wetlands file number in accordance with
the Act' SE 83-797
•
( ) The following information is missing and must be forwarded to this office for a
complete filing in accordance with the Act:
( ) Locus Maps ( ) Notices of Intent
( ) Plans
(x) Wetlands Regulation 310 CMR 10.30 should be reviewed
prior to hearing by Conservation Commission.
( ) The plans for the sewage disposal system do not show Title 5 compliance
with The State Environmental Code. Review with the Board of Health.
( ) Application has been forwarded to the Licensing and Permits Section to
determine if a Chapter 91 License or Permit is required. A decision regarding
Chapter 91 jurisdiction will be issued by the Licensing and Permits Section.
( ) Detailed Notice of Intent Form 3 must be submitted.
( ) PLEASE RETURN THIS FORM WITH REQUESTED INFORMATION. Notices of Intent will not
be kept on file longer than 6 months.
Issuance of a file number indicates only completeness of the file and not approval of .
the application.
GJM/j t
cc: Conservation Commission
( ) Board of Health
( ) Coastal Zone Management
( ) Water Pollution Control
( ) Building Inspector
, 1 tar"-it '711.