HomeMy WebLinkAboutApproved OOC 2543 7.23.2026 Massachusetts Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection-Wetlands MassDEP File#:083-2543
WPA Form 5-Order of Conditions eDEP Transaction
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 #:2026399
City/Town:YARMOUTH
A. General Information
1.Conservation Commission YARMOUTH
2.Issuance a. F OOC b.r Amended OOC
3.Applicant Details
a.First Name MICHAEL b.Last Name SELLERS
c.Organization ODESSIT CAPITAL
d.Mailing Address 233 HARVARD STREET
e.City/Town BROOKLINE f. State MA g.Zip Code 02446
4.Property Owner
a.First Name THOMAS AND LINDA TR b.Last Name FALLON
c.Organization
d.Mailing Address 199A HIGH ROAD
e.City/Town NEWBURY f. State MA g.Zip Code 01951
5. Project Location
a.Street Address 286 SOUTH SEA AVENUE**
b.City/Town YARMOUTH c.Zip Code 02673
d.Assessors 14 e. Parcel/Lot# 106.2.2
Map/Plat#
f.Latitude 41.63502N g.Longitude 70.23575W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c. Book d. Page
BARNSTABLE 32016 1 12
7.Dates
a. Date NOI Filed: 6/4/2026 b.Date Public Hearing Closed: 7/2/2026 c. Date Of Issuance: 7/23/2026
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:
PLAN OF LAND
TO ACCOMPANY A
CONSERVATION BSC GROUP,INC. KIERAN J.HEALY P.L.S. 6/19/2026 1"=20'
FILING 286
SOUTH SEA AVE
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.r Prevention of Pollution
d. r Private Water Supply e. f Fisheries f. 17 Protection of Wildlife Habitat
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Massachusetts Department of EnvironmentalIL
Provided by MassDEP:
Protection MassDEP File#:083-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
WPA Form 5-Order of Conditions CityfFown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
g. r Ground Water Supply h. r Storm Damage Prevention i. r Flood Control
2. Commission hereby finds the project,as proposed, is:
Approved subject to:
a.I✓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).
3.7 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
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.r-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
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ILMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
1 WPA Form 5-Order of Conditions City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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 -
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
14.E Coastal Dunes
a.square feet b. square feet c. c/y nourishment d.c/y nourishment
15.E Coastal Banks
a. linear feet b. linear feet
16.r Rocky Intertidal Shores
a. square feet b.square feet
17.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.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.I7 Land Subject to Coastal Storm Flowage 23077 23077
a. square feet b. square feet
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LMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
City/Town:YARMOUTH
\
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
22.
1— 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.
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..
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Ni
Massachusetts Department of EnvironmentalLli,
Provided by MassDEP:
Protection MassDEP File#:083-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
\ WPA Form 5-Order of Conditions city/fown:YARMoiTTH
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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:"083-2543"
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)r 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
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
WPA Form 5-Order of Conditions Ciry/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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
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
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IDMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
WPA Form 5-Order of Conditions City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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.
1) 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?F Yes r No
2.The Conservation Commission herebylcheck 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. 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,
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 AND NHESP CONDITIONS LETTER 7/22/2026(4
PAGES)
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Town of Yarmouth SPECIAL CONDITIONS
083-2543,Michael Sellers of Odessit Capital and Thomas and Linda Fallon,286 South Sea Avenue
Approved plan:Plan of Land to Accompany a Conservation Filing.Prepared by BSC Group,Inc.,stamped by Kieran J.Healy
P.L.S.dated 6/19/2026.
Project description:Proposed new dwelling with ADU and septic in LSCSF and NHESP habitat. Substantial fill and tree
removal is required.
Findings:Tree removal of 34 mature trees including 19 pitch pines and 15 oaks is proposed.Partial replacement is provided
with 8 oaks and 7 pitch pines or other canopy sized trees.Fencing is required by NHESP along the limit of work for
construction and to remain in perpetuity. Stonnwater improvements to the site are proposed with swales on the western and
southern sides and drains for roof runoff.Fill is proposed to bring the property up to at most elevation 12 from a lowest of 6.
GENERAL:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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-CONSTRUCTON:
9. Prior to any site disturbance,a pre-construction meeting shall be arranged by the applicant to be held with the
responsible contractors(or those performing the work)and Conservation Administrator(CA)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.
10. Prior to the pre-construction meeting,
a. All sedimentation controls and symbolic flagging or fencing shall be in place and ready for inspection.The
CA may instruct the contractors to modify the sedimentation controls to protect wetland Resource Areas.
Hay is not acceptable.It is the applicant's responsibility to implement and maintain appropriate and
adequate erosion controls measures until the site is stable.
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Town of Yarmouth SPECIAL CONDITIONS
083-2543,Michael Sellers of Odessit Capital and Thomas and Linda Fallon,286 South Sea Avenue
b. Resource Areas,buffer zones,and structures shall be staked in the field. Such markers shall be placed by a
professional Land Surveyor or Engineer.The engineer or land surveyor for the project shall take
responsibility for the placement of the stakes and refreshing the stakes as necessary to reflect the approved
plan until the construction is complete.No work shall occur on the Resource Area side of the work limit
line.
c. A sign shall be displayed on the site visible from the roadway showing the DEP file number and shall
remain posted until the issuance of a Certificate of Compliance.
d. All trees approved for removal shall be flagged
DEMOLITION AND CONSTRUCTION
11. Debris,including litter,shall be picked up immediately.Any excess material that is excavated from the job site shall
be disposed of at a location approved by the CA or in a covered dumpster.No debris shall be allowed in a Wetland or
Waterway.
12. Washing of equipment/tools shall be done OFF-SITE
13. No equipment shall be refueled,nor shall fuel be stored within 100 feet of a resource area.
14. No material of any kind shall be buried,placed or dispersed in areas within jurisdiction of the Conservation
Commission,except as expressly permitted by the Order of Conditions or the plan(s)approved herein.
15. Machinery and vehicles,when not in use,shall be parked on the existing driveway,unless otherwise specified in the
Order of Conditions or on the approved site plan(s).
16. Disturbed areas where the grade is steep(>10%)shall not be exposed for longer than one month.If exposed for
longer than 2 weeks,erosion control matting shall be installed and firmly anchored in placed to prevent soil from
washing out during rain or flooding events.In addition,the exposed area(s)shall be seeded with perennial rye or
other native grasses for stability.All disturbed areas shall be stabilized and seeded prior to November 1st of each
year and no disturbed areas shall be left unprotected or without erosion controls during the winter months(December
—April).
17. Any stockpiled material must be properly stored and contained with an erosion control barrier
SINGLE FAMILY DWELLING:
18. The existing septic system and leaching field shall be pumped and removed from the site
19. No work permitted by this Order may begin unless and until the applicant receives a subsurface sewage disposal
permit from the Yarmouth Board of Health which complies with both the requirements of Title 5 and•any more
stringent local standards,and until a copy of said permit is sent to the Conservation Commission.
20. The access portion driveway shall be constructed of pervious materials such as crushed stone,gravel,seashells,or
similar as noted on the approved site plan. Only the sloped area and main driveway adjacent to the house may be
paved. This is an on-going condition that does not expire with the issuance of a Certificate of Compliance.
21. Approved permeable patios/driveways shall be dry-laid.No mortar or polymeric sand is allowed between pavers.
22. Gutters and downspouts directed into adequately sized drywells shall be provided for roof drainage.The Commission
may also allow"drip trenches"instead of gutter systems.At no time shall roof run off be directed to a wetland
resource area or abutting properties
23. Grading shall be accomplished so that the project shall not cause flooding or storm damage to Wetland Resource
Areas or adjacent properties
24. If fill is used to elevate a structure within the land subject to coastal storm flowage,the fill must be compacted and
protected against scour and erosion.
VEGETATION AND MITIGATION PLANTINGS:
25. Any area that is disturbed shall be revegetated with suitable native plant materials immediately or as soon as the
growing season commences until permanent stability is reached.
26. The planted trees must be at least 1.5 caliper inches in size
27. Pitch pine may be substituted for another appropriate canopy sized native tree species with approval from the CA.
28. Plantings shall be cared for to ensure their survival.Temporary above surface irrigation is permitted for the first three
(3)years for establishment.
29. Dumping Prohibited: There shall be no dumping of leaves,grass clippings,brush,or other debris outside the usable
area as defined by NHESP
30. If approved,any lawn area shall be planted with a low maintenance,drought tolerant,native fescue seed mix.No
additional lawn may exist beyond that shown on the approved site and/or planting plan(s). This condition shall be
recorded as an on-going condition on the Certificate of Compliance.
STORMWATER:
31. A gravel apron shall be created and maintained at the edge of driveway/road entrance where vehicles will access the
work site.The roadway shall be swept as necessary to keep sediment off the roadway.
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Town of Yarmouth SPECIAL CONDITIONS
083-2543,Michael Sellers of Odessit Capital and Thomas and Linda Fallon,286 South Sea Avenue
32. All stormwater runoff from hardscaped areas on the applicant's property,including runoff from rooves,patios,
terrace,swimming pools and other hardscape features,must be captured on the applicant's property and not allowed
to flow onto neighboring properties or into Resource Areas.This project shall not increase runoff,nor cause flood or
storm damage to abutters,other property owners or the Resource Area.This condition shall be recorded as an on-
going condition on the Certificate of Compliance.
33. Failure to follow approved and required maintenance practices for the Project,or any part of this Project is shown to
cause negative impact to the Resource Areas,shall be cause for the Commission to require that remedial measures
must be undertaken.The Commission reserves the right to require that a hearing be held,at the applicant's expense,
to discuss the necessary remedial measures and determine if more information from the Applicant or a Third Party
Consultant is required.The Commission may determine that the approved project is to be modified as necessary to
protect the interests of the Act.
REPORTING
34. The applicant shall notify the CA in writing when the trees are installed.
35. The applicant shall include the Conservation Commission on the work completion notification(within 30 days of
completion)to the Division of Fisheries and Wildlife as required by their conditions.
CERTIFICATE OF COMPLIANCE:
36. Upon completion of the project,a Request for a Certificate of Compliance shall be submitted by the applicant to the
Conservation Commission for review.The request shall include the following:
a. A written statement from a similar professional as prepared the approved plan,such as a Massachusetts
registered professional engineer or land surveyor,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.
b. A stamped as-built plan signed and stamped by a Massachusetts registered professional engineer or land
surveyor which meets the published plan and drawing requirements
37. 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
See attached letter(4 pages)dated July 22,2026,for NHESP file no.26-20516
Page 7c of 9 *ELECTRONIC COPY
lit S
y�. DIVISION OF
FISHERIES & WILDLIFE
1 Rabbit Hill Road,Westborough,MA 01581
a2 ° p:(508)389-6300 I f:(508)389-7890
a, 11 MASS.GOV/MASSWILDLIFE
F/SHER' 5
MASSWILDLIFE Jack Buckley,Director
July 22, 2026
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
Thomas& Linda Fallon
Thomas E Fallon Trust
199A High Road
Newbury, MA 01951
Michael Sellers, Odessit Capital
233 Harvard Street
Brookline, MA 02446
RE: Applicant: Michael Sellers, Odessit Capital;Thomas& Linda Fallon
Project Location: 286 South Sea Avenue, West Yarmouth
(Book 27814, Page 53, Barnstable County Registry of Deeds)
Project Description: Construct Single Family Home
DEP Wetlands File No.: 083-2543
NHESP File No.: 26-20516 (previously 18-37670)
Dear Commissioners&Applicant:
On April 19, 2018, the Natural Heritage & Endangered Species Program of the Massachusetts Division of
Fisheries&Wildlife (the "Division") issued a determination in response to a Notice of Intent and request
for review pursuant to the MESA Review Checklist and supporting documentation for review pursuant to
the MA Endangered Species Act Regulations (321 CMR 10.18). To date, work has not been initiated on
the site. The Applicants submitted the revised SITE PLAN dated June 4, 2026 (prepared by BSC Group,
sheet 1 of 1)that increases the area of work to include a proposed 2-bedroom accessory dwelling unit to
the north of the house and northwest of the septic system.
This determination replaces the Division's April 19, 2018 determination in full.
WETLANDS PROTECTION ACT(WPA)
Based on a review of the information that was provided and the information that is currently contained
in our database, the Division has determined that this project, as currently proposed, will not adversely
affect the actual Resource Area Habitat of state-protected rare wildlife species. Please note that the
habitat of state-listed plants is not protected under the provisions of the WPA Regulations (310 CMR
10.59). Therefore, it is our opinion that this project meets the state-listed species performance standard
for the issuance of an Order of Conditions.
MASSWILDLIFE
NHESP No. 26-20516(18-37670), Page 2 of 2
Please note that this determination addresses only the matter of rare wildlife habitat and does not
pertain to other wildlife habitat issues that may be pertinent to the proposed project.
MASSACHUSETTS ENDANGERED SPECIES ACT(MESA)
The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of
state-listed species is defined as "in reference to animals...harm...kill...disrupt the nesting, breeding,
feeding or migratory activity...and in reference to plants...collect, pick, kill, transplant, cut or
process...Disruption of nesting, breeding, feeding, or migratory activity may result from, but is not
limited to, the modification, degradation, or destruction of Habitat" of state-listed species (321 CMR
10.02).
Based on the information provided and the information contained in our database, the Division finds
that a portion of this project, as currently proposed, must be conditioned in order to avoid a prohibited
Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the
following conditions must be met:
1. Recordation: Prior to the start of work,the Applicant shall
a. record this letter and the SITE PLAN in the Barnstable County Registry of Deeds or the Land
Court for the district in which the property is located so as to become a record part of the
chain of title for the property; and
b. provide the Division with WRITTEN proof of said recordation.
2. Symbolic Flagging: Prior to the start of work, symbolic flagging or fencing shall be erected around
the limit of work and maintained throughout the construction period. All work, including all soil
disturbance, vegetation alteration, and material storage, shall occur within the limit of work shown
on the site plans.
3. Permanent Monumentation: Prior to the completion of work, or as otherwise approved by the
Division, split rail fencing (or a similar Division-approved alternative) shall be installed as shown on
the site plans. Said fencing shall be maintained in good condition and repaired or replaced, as
necessary.
4. Compliance Report: Within thirty (30) days of the completion of work, or as otherwise approved by
the Division, the Applicant shall submit written confirmation (including representative post-work
photos) to the Division that all work was conducted in compliance with the conditions outlined
herein.
5. Habitat Management: Periodic mowing of vegetation outside the limits of work shown on the site
plans may occur between November 1 and March 31 of any year pursuant to a vegetation
management plan that has been submitted to and approved by the Division prior to initiating
vegetation management activities. No other work, including but not limited to, soil disturbance or
material storage, shall occur outside the limit of work shown on the site plans.
Provided the above-noted conditions are fully implemented and there are no changes to the site plans,
this project will not result in a Take of state-listed species. We note that all work is subject to the anti-
segmentation provisions (321 CMR 10.16) of the MESA.
MASSWILDLIFE
NHESP No. 26-20516(18-37670), Page 3 of 3
This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18.
Any changes to the proposed project or any additional work beyond that shown on the SITE PLAN may
require an additional filing with the Division pursuant to the MESA. This project may be subject to
further review if no physical work commences within five years from the date of issuance of this
determination, or if there is a change to the project.
The Division notes that any future projects or activities proposed on the property which are (a) located
outside of the approved limit of work shown on the project plans, (b) not exempt from review pursuant
to 321 CMR 10.14, and (c) located within mapped Priority Habitat as indicated in the Massachusetts
Natural Heritage Atlas, will require review by the Division pursuant to MESA. Furthermore, 321 CMR
10.16 provides that projects shall not be segmented or phased to evade or defer the review
requirements under MESA. If the Division determines, based on the considerations provided for in 321
CMR 10.16, that a future project or activity proposed on the property is part of a larger common project
or scheme, it may evaluate the cumulative impacts of the existing and proposed segments of the
common project when reviewing the future proposed project or activity pursuant to MESA.
This determination addresses only the matter of state-listed species and their habitats. If you have any
questions regarding this letter please contact Misty-Anne Marold, Senior Endangered Species Review
Biologist, at(508) 389-6356.
Sincerely,
Jesse LectdtCr-
Assistant Director
Commonwealth of Massachusetts
Worcester County
On this day of iA /bu'before me, the undersigned notary public, personally appeared Jesse
Leddick, Assistant Directo ,, proved to me through satisfactory evidence of identification, which was
personal knowledge, to be the person whose name is signed on the preceding or attached document,
and who swore or affirmed to me that the contents of the document are truthful and accurate to the
best of his/her knowledge and belief.
EMILY M HOLT
Notary Public
WCommonweafth of Massachusetts Emily lissa olt, Notary Public
My Commission Expires My Commi i n Expires:July 10, 2031
July 10, 2031
MASSWILDLIFE
NHESP No. 26-20516(18-37670), Page 4 of 4
Enclosed: SITE PLAN dated June 4, 2026 (prepared by BSC Group, sheet 1 of 1)
cc: Paul Mancuso, BSC Group, Inc.
MA DEP Southeast Region
MASSWILDLIFE
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#: SE83-2543
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
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 I�� ���
specified pursuant to General Condition#4.If this is an Amended Order of 1
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
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.
Signature ae?frfirVZ-.,
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 of°‘*ELECTRONIC COPY
iiMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:083-2543
ii,ik
-PP
Bureau of Resource Protection-Wetlands eDEP Transaction#:2026399
i ti\ WPA Form 5-Order of Conditions Ciry/Town:YARMOLTTH
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:
286 SOUTH SEA AVENUE** 083-2543
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner THOMAS AND LINDA TR FALLON
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 Res 4n/2010
Page 9 of 9*ELECTRONIC COPY