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HomeMy WebLinkAboutChapter 91 Shorefront ,- Consulting - Shorefront Co n s u l t i n g ® Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com Yarmouth Zoning Department October 23, 2026 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery Re: Chapter 91 Application Filing Package—Municipal Zoning Board Notification Proposed Seasonal Dock on Long Pond Stephen and Kimberly Duval 37 Indian Memorial Drive South Yarmouth, MA 02664 Map 69, Parcel 4 On behalf of my clients, Stephen and Kimberly Duval, I am submitting a Chapter 91 application filing package for the above referenced project. The following items are enclosed: • Chapter 91 Waterways License Application • Copy of Yarmouth Order of Conditions for SE83-2537 for the above referenced project • Plans entitled "Plan Accompanying Petition Of Stephen And Kimberly Duval To License And Maintain A Seasonal Dock Within The Waters Of Long Pond At 37 Indian Memorial Drive, Yarmouth, Barnstable County, Massachusetts"dated August 25, 2026 (4 sheets) In accordance with the Chapter 91 License application instructions, please sign and date the notification indicating that you have received this package and that the project is not in violation of any local zoning ordinances and/or bylaws. If there are any questions or concerns regarding this request, please contact me as soon as possible. Sincerely, )/Is Mark Burgess Shorefront Consulting € Enclosures: As Stated cc: Stephen and Kimberly Duval (Applicants) Cr 2 3?© ‘"'"711 Massachusetts Department of Environmental Protection jChapter 91 Waterways Water-Dependent,Nonwater Dependent,Amendment Application Municipal Zoning Certificate Note to Permittee:This form should be submitted,with the top portion completed,to the municipal clerk or zoning official along with the complete application and project plans. Name of Permittee Stephen and Kimberly Duval Name of Permittee 37 Indian Memorial Drive Long Pond Yarmouth Project Address Name of Waterway Oty[rown Description of project and use or change in use(this field is not limited to the one line shown). Description of project Proposed construction of a seasonal dock in Long Pond for private boating access. To be completed by the municipal clerk or other municipal zoning official responsible for administering zoning ordinances and by-laws. "I hereby certify that the project described above and more fully detailed in the Permittee's Waterways License application and plans is not in violation of local zoning ordinances and/or by-laws." jf ZA rXyG9, /60j/Z6 Print Name of Municipal Zon'••Offilial Date (/__— /4,43 , 31.-9 Course/f f/0r4-i-GL `f'ArCitt a lly Signature of Zoning 0"`?^."• The city(+own Zoning.docRev_1021 Page 1 of 1 MassDEP Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Environmental Protection Address: 100 Cambridge Street, Suite 900, Boston, MA 02114 I Phone: 617-292-5500 Maura T. Healey Kimberley Driscoll Rebecca L. Tepper Bonnie Heiple Governor Lieutenant Governor Secretary Commissioner WWOI - Water-Dependent License/Permit Application Permittee Information Name: Stephen Duval Phone: (413) 575-7210 Address: 727 PARK HILL ROAD FLORENCE, MA 01062 Application Submitter Information Name: MARK C BURGESS Phone: (508) 280-8046, (508) 280-8046 Address: 290 CENTER STREET DENNIS PORT, MA 02639 37 INCIAN MEMORIAL DRIVE YARMOUTH, MA 02664 List of Abutters Full Legal Name Abutting Property Address Town of Yarmouth Park Department 1146 Route 28 South Yarmouth, MA 02664-4463 Lyman and Laura Green 21 Point Pleasant Road Webster, MA 01570 Additional Contacts Info 8/26/2026 26-WW01-0116-APP Page 1 of 4 Please provide the Name of the Stephen and Kimberly Duval Permittee(s)exactly as it should be listed in the license/permit that will be recorded at the Registry of Deeds(the name(s) listed here need to match the name(s) listed on the plans or the license may be rejected by the Registry of Deeds) I hereby attest that I have listed all the Yes Permittees in the Application Contacts section (each Permittee entered as a separate contact-do not list 2 names in 1 field) Is the project site within a right of way? No Are you submitting evidence of legal No authority to apply in lieu of the Property Owner's Signature?If yes,please attach a document'Evidence of Legal Authority'in the document section I hereby attest that I have listed all the Yes Property Owners in the Application Contacts section I hereby attest that I have listed all the Yes Abutters in the above Contact table section Application Type Please select the application type you are Residential with less than or equal to 4 units applying for Project Information Brief Description of Project(e.g.,dock, Seasonal dock on Long Pond for private boating access seawall, boat ramp, Harborwalk—if a longer narrative is to be provided, please upload a separate document) Brief Description of Project Location- south central shoreline of Long Pond Non-Traditional Address(e.g.,'west end Toronto Avenue right-of-way at Gloucester Harbor'DO NOT complete this field if your project has a traditional address-enter N/A) Proposed Use/Activity description seasonal installation and removal of dock;private boating access Is this site subject to 21 E? No Is the project subject to MEPA review(for No any thresholds at 301 CMR 11.03)?If the answer is"Yes"and you do not have this information, select"Save and Resume Later".A copy of the final MEPA certificate is required for filing. Is the Project site in an Environmental Yes Justice Community? 8/26/2026 26-WW01-0116-APP Page 2 of 4 Which Wetlands Protection Act process WPA Order of Conditions document are you attaching? Has there ever been a waterways No jurisdictional determination issued for this project site? Does your project require a 401 water No quality certificate?If yes, please attach if currently available,a copy of'401 Water Quality Certificate'in the document section. Are you seeking a Variance?If yes, please No attach a supporting evidence of compliance with 310 CMR 9.21,'Variance Supplement'in the document section. Is the project located within the No Designated Port Area? If yes,please review the standards at 310 CMR 9.12 and 9.32. Is the project located within an area No subject to State Approved Municipal Harbor Plan?If yes, please attach supporting evidence of compliance with applicable MHP,'MHP Supplement'in the document section. Are you seeking a CWD(consolidated No written determination)in accordance with 310 CMR 9.14(4)?If yes, please attach a document'CWD Supplement'in the document section. Does your project involve dredging? No Documents Documents Required Documents: 1. Chapter 91 Plans 2. List of Environmental Regulatory Programs 3.WPA Order of Conditions Special Fee Provision Exemption Exclusion(special agreement or policy) Substitution(ASP/IRP) Double Fee for Enforcement Hardship payment extension request 8/26/2026 26-WW01-0116-APP Page 3 of 4 Attachments Name Description Type Latest Updated environmental-regulatory-pr environmental program list List of Environmental Regulatory 08/26/2026 ograms.docx Programs Duval recorded OOC recorded order for the project WPA Order of Conditions 08/26/2026 SE83-2537.pdf 25-048 Duval Shorefront py of stamped approved conservation pla WPA Plans 08/26/2026 stamped Plan 3-30-26.pdf Duval draft license plans License plans sheets 1-4 Chapter 91 Plans 08/26/2026 sheets 1-4_8-25-26.pdf Application Contacts Name Organization Name Contact Person Telephone# Contact Type Email MARK, n/a n/a (508)280-8046 Application shorefrontconsulting@g BURGESS Prepared By mail.com Kimberly, Duval n/a n/a (413)575-7210 Additional duval22@comcast.net Permittee Fee Information Amount: $215.00 Status: Paid Description: WW01 Application Fee-Residential with<=to 4 units Payment Date: 26-Aug-2026 Certification Information Individual Telephone#: (508)280-8046, (508)280-8046 MARK BURGESS E-mail:shorefrontconsulting@gmail.com 290 CENTER STREET DENNIS PORT, MA 02639 I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge. All applicants and property owners must sign the"Proof of Signature"which will be provided after initial review by the Department.All future application correspondence may be signed by the Application Submitter. 8/26/2026 26-WW01-0116-APP Page 4 of 4 Bk 37706 Psi 159 41--2 1693 06-26-2026 a? la: 14a. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:083-2537 WPA Form 5-Order of Conditions eDEP Transaction ti s� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 #:2022211 City/Town:YARMOUTH A. General Information 1.Conservation Commission YARMOUTH 2.Issuance a. Ir OOC b.f" Amended OOC 3.Applicant Details a.First Name STEPHEN R AND KIMBERLY L. b.Last Name DUVAL c.Organization d.Mailing Address 727 PARK HILL ROAD e.City/Town FLORENCE f. State MA g.Zip Code 01062 bo 4.Property Owner G1 a.First Name STEPHEN R.AND KIMBERLY L. b.Last Name DUVAL d c.Organization C d.Mailing Address 727 PARK HILL ROAD 6' e.City/Town FLORENCE f. State MA g.Zip Code 01062 C 5.Project Location S a.Street Address 37 INDIAN MEMORIAL DRIVE* U1 b.City/Town YARMOUTH c.Zip Code 02664 d.Assessorscil 69 e.Parcel/Lot# 4 M Map/PIat# . f Latitude 41.66937N g.Longitude 70.19627W 6.Property recorded at the Registry of Deed for: 0 Aga a.County b.Certificate c.Rook d.Page - BARNSTABLE 36544 58 or Al 7.Dates a.Date NOI Filed: 5/20/2026 b.Date Public Hearing Closed: 6/4/2026 c.Date Of Issuance: 6/22/2026 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 SHOWING PROPOSED DOWN CAPE SEASONAL DOCK. ENGINEERING AND DANIEL A.OJALA,P.E.. 3/30/2026 1"=10' 37 INDIAN SHOREFRONT P.L.S. MEMORIAL CONSULTING DRIVE 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.17 Prevention of Pollution 1 Page 1 of 9*ELECTRONIC COPY 1t IMassachusetts Department of Environmental PmvidedbyMassl)EP Protection MassDEP File 0:083-2537 Bureau of Resource Protection-Wetlands eDEP Transaction#•2022211 WPA Form 5-Order of Conditions ciry/Iow¢YARMoll17l Massachusetts Wetlands Protection Act M.G.L.c.131,§40 d.F Private Water Supply e.F Fisheries £F Protection of Wildlife Habitat g.F Ground Water Supply h.F Storm Damage Prevention i.F Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.F 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 Orden c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3 r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 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.F Land under Waterbodies and Waterways 70 70 0 0 a.square feet b.square feet c.square feet. d.square feet 0. e.c/y.dredged f ejy 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 sr Isolated Land Subject to Flooding Page 2 of 9*ELECTRONIC COPY iiiiii. Massachusetts Department of Environmental Provided by MassDEP: >c---- Protection MassDEP File 4:083-2537 t*., B• ureau of Resource Protection - Wetlands eDEP Transaction#:2022211 \ WPA Form 5 - Order of Conditions City/I'oum:YARMot7'igi Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 9.r Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.1"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 1 2.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.r Coastal Dunes a. square feet b: square feet c. c/y nourishment d. c/y nourishment 15.7 Coastal Banks a. linear feet b. linear feet 16.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 Page 3 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental Providedby MassDER Protection MasseDEP TransactionP File #:22837 Bureau of Resource Protection-Wetlands eDEP k2022211 WPA Form 5-Order of Conditions City/Town:VARMOLTH Massachusetts Wetlands Protection Act M.G.L.c.131,§40 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C.General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects I. 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;of 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 Page 4 of 9*ELECTRONIC COPY Massachusetts Department of Environmental',ilk Provided by MassDEP: lam-- Protection MassDEP File#:083-2537 4 Bureau of Resource Protection-Wetlands eDEP Transaction#:2022211 CitylTown:YARMOUTH 1 WPA Form 5-Order of Conditions Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 W Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"083-2537" 1 1. 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)17 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 Page 5 of 9*ELECTRONIC COPY L Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2537 BeauofResource Protection-Wetlands eDEP Transaction#:202221I UTH WPA Form 5-Order of Conditions C`�'�0` 'Y` � Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long- term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement, assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required 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 Stonnwater 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. Page 6 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:083-2537 t� Bureau of Resource Protection-Wetlands eDEP Transaction#:2022211 j WPA Form 5-Order of Conditions Ciryrrown:YAliMotrrx Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 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 applicableW Yes r No 2.The Conservation Commission hereby(check one that Applie&); a.r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b.F APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or YARMOUTH Bylaw WETLAND BYLAW 2.Citation CHAPTER 143 3 The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, 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 AND 7B Page 7 of 9*ELECTRONIC COPY Town of Yarmouth SPECIAL CONDITIONS 083-2537,Stephen and Kimberly Duval,37 Indian Memorial Drive. Approved plan:Plan Showing Proposed Seasonal Dock.Prepared by Down Cape Engineering and Shorefront Consulting, stamped by Daniel A.OjaIa,P.E.,P.L.S.3/30/2026 Project description:Proposed aluminum seasonal dock in Long pond,a great pond. 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 he 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 Iegally 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 pm-construction meeting is held,and the CA determines the work can proceed. 10. Prior to the pre-construction meeting, a. The existing dock shall be removed from the site immediately upon receipt of this order of conditions b. Two signs shall be displayed on the site visible from the roadway and waterway showing the DIEP file number and shall remain posted until the issuance of a Certificate of Compliance. 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 Iocation 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. Page 7a of 9*ELECTRONIC COPY Town of Yarmouth SPECIAL CONDITIONS 083-2537,Stephen and Kimberly Duval,37 Indian Memorial Drive. 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). WATERFRONT: 16. The proposed seasonal pier shall be designed to allow for adequate public passage above the structure 17. No heavy construction equipment,vehicles or barges shall be permitted in wetland resource areas during the construction. 18. A permanently attached sign,no greater than 1 square foot or smaller than 6x6 inches,shall be displayed facing open water at the end of the pier farthest from land showing the permit number and the street address at the property upon which the dock is located. 19. Between November l''and April 1st annually,all pier components shall be removed from the shoreline/water and stored in upland locations.There shall be no items stored upon BVW or inland bank areas under any circumstances. This condition shall be recorded as an on-going condition on the Certificate of Compliance. 20. No additional floats of any kind shall be moored from the dock 21. A copy of the Chapter 91 license from DEP Waterways shall be submitted to the Conservation Commission. CERTIFICATE OF COMPLIANCE: 22. Upon completion of the project,a Request for a Certificate of Compliance shall be submitted by the applicant to the Conservation Commission for review. 23. 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 including final contours,structures,resource areas and buffer zones,and planted areas,prepared and signed and stamped by a Massachusetts registered professional engineer or land surveyor. 24. 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. Page 7b of 9*ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#: SE83-2537.77:iill:11 Bureau of Resource Protection-Wetlands eDEP Transaction#:2022211 WPA Form 5-Order of Conditions City/1'own:YARMOUTII 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 C J Z z (Z_OC specified pursuant to General Condition#4.If this is an Amended Order of u t 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,i different from applic . SignaturoW ....D.,6, ,- ,,/L. —7--,V110-4— AP' '7/ . r by hand d 'very o IVby certified mail,return receipt requested,on Date Date 6 A- "Lo 7-(D 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 he 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'6 of cl*ELEC;iICONIC COPY Massachusetts Department of EnvironmentalLihk Provided by MassDEP: Protection MassDEP File#:083-2537 Bureau of Resource Protection-Wetlands eDEP Transaction#:2022211 `\ WPA Form 5-Order of Conditions cityrlown:YARMOUTII 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. YARMOUI'H 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: 37 INDIAN MEMORIAL DRIVE* 083-2537 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner STEPHEN R.AND KIMBERLY L.DUVAL and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.au.oio BARNSTABLE REGISTRY OF DEEDS Page 9 of 9*ELECTRONIC COPY John F. Meade, Register