Amended Order of Conditions �,ouTx.,y YT
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y�� J 400 Slocum Road • P.O. Box 79399North Dartmouth, Massachusetts 02747-0985 FILE
CONSERVATION COMMISSION �� 508-999-0722
FAX 508-999-0739
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DARTMOUTH CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that a hearing will be held in accordance
with the provisions of the Dartmouth Wetlands Protection Bylaw
and M.G.L . , C 131 , §40 , the Wetlands Protection Act , on a request
from Timothy & Lisa Medeiros who wishes to amend an Order of
Conditions , File 15-1109 , on land located at Map 79 , Lot 6-4 ,
Medeiros Lane in Dartmouth. The hearing will be held at
7 : 20 p.m. , Tuesday, May 2 , 1995 at the Dartmouth Town Hall , in
Room 103 , 400 Slocum Road in Dartmouth.
Gerald Franklin
Chairman
THE CHRONICLE
LEGAL AD: Please run once in your issue of April 26, 1995 .
CC: D.E.P.
Dartmouth D. P .W.
Dartmouth Board of Health
Dartmouth Planning Board
Dartmouth Building Department
Owner
Applicant
Engineering Firm
:1;1 CMR 10.99 • DEP Pile No. 15_ 1 109
rail& S (To be provided by DEP)
atjjr'ows Dartmouth
Applicant Timothy L. & Lisa Medeiros
C archth
AMENDED
off Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. C. 131, 540 and the
Dartmouth Wetlands Protection Bylaw •
From Dartmouth Conservation Commission Issuing Authority,
To Timothy L. & Lisa Medeiros same as applicant
(Name of Applicant) (Name of property owner)
2 Medeiros Lane
Address Dartmouth. MA 02727 Address same
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
a by certified mail, return receipt requested on May 3, 1995 (date)
cat, lMieir s .an This project is located at 0��, � _��-�. �
The property is recorded at the Registry of Bristol
Book 3308 Page 165
Certificate (if registered)
The Notice of Intent for this project was filed on 7/11/94 (date)
The Request for an Amended Order of Conditions was filed on April 19, 1995
The public hearing was closed on May 2- 1995 (date)
Findings
The 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 Commi s s i nn 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):
Public water supply Flood ControlII
nd cont
Private water supply Storm damage prevention L
4 Fiasherieaining shellfish
s
Ground water supply Prevention of pollution Protection of Wildlife Habitat
Total Filing Fee Submitted NA State Share NA
• (1/2 fee in excess of s25)
City/Torn Share NA
Total Refund Due S —0— _ City/Town Portion S —0— State PortionS —0—
(1/2 total) • 141/2 total)E i
Uit
G t , $ ,•—� f ,,s�fa _
:- •J L) f '
Effective 11/10/89 5-1
11IOLny L. Q Lisa meaeiros
AMENDED
ORDER OF CONDITIONS - Continued: FILE NO. 15-1109 i ~
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 interests check 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 following
conditions modify or differ from the plans, specifications 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 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.
hts.g
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 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
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 debris, including but not limited
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes, refrigerators, motor vehicles or part 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 the 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 Protection, File Number 15- 1109
10. Where the Department of Environmental Protection 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.
11. 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.
5-2
S SUflJ Ltty L. LL LSOU 11L LLG 11U -
Timothy L. tir Lisa Medeiros
AMENDED
oRDER OF CONDITIONS - Continued: FILE No. 15-11`09
21. All exposed soil or subsoil shall be stabilized using mulch or other appropriate
erosion control measures such as jute netting, and/or replanted with vegetation
such as grass, ground cover or shrubs so as to minimize erosion and siltation.
22. No runoff shall be caused to drain onto adjoining property or upon any public
way.
23. All excavated material not used to establish final grading shall be removed
from the site.
24. The Inspector and/or the Commission members shall, at a reasonable time, have
the right to enter upon the land for the purpose of the inspection and/or the
taking of pictures.
25. When the Plan of Record has been prepared and stamped by a Registered Engineer,
a Registered engineer shall certify, in writing, that the project has been
completed in accordance with the above Order of Con
ditions before the
Certificate of Compliance will be issued.
26. All facilities and equipment shall be continually operated and maintained so as
to comply with this Order of Conditions and M.G.L., C 131, S40, the Wetlands
Protection Act.
27. Certain conditions, such as maintenance or monitoring, are on-going and do not
expire at the end of three years, or with the issuance of a Certificate of
Compliance.
28. This Order of Conditions shall apply to any successor in interest of the
applicant, or successor in control of the property. The applicant shall
furnish a copy of this Order to any subsequent owner at the time that ownership
is transferred.
29 . Any changes required by any other board or authority may require a new filing
with the Conservation Commission.
30. The Conservation Commission and/or the Town of Dartmouth shall not be
responsible or liable for the construction, the operation, or the maintenance
of any part of this project, and does not warrant the safety of the same.
31. During construction, any fill and/or construction materials shall be
stored in upland areas.
32. If changes to the approved plan-of-record on file with the Dartmouth
Conservation Commission are required by other regulatory agencies, any such
changes shall be submitted for approval in accordance with Conditions #14 of
this order of Conditions.
33. Any construction in the flood plain shall conform to the Massachusetts Building
Code, 780 C.M.R. , S2102, the Design Requirements for Construction in
Floodplains.
34. It shall be the responsibility of the applicant or the applicant s
representative to continuously maintain all siltation barriers required by this
Order of Conditions until the Commission approves or requires removal of said
barriers.
35. Unless alternate erosion/siltation control measures have been approved by the
Conservation Commission or its agent, all exposed soils exceeding a 4:1 slope
shall be stabilized using erosion control blanket/netting within 48 hours of
soil disturbance, and shall remain in place for the duration of the project, or
until vegetation has been re-established.
36. Any soils exposed by construction activity or- disturbed in any other manner
shall be, upon completion of construction, immediately stabilized with
indigenous vegetation. Plantings may include, but not limited to grass seed
mixture for approved lawn areas, indigenous shrub and tree species, or
indigenous herbaceous cover species. All plantings shall be approved by the
Dartmouth Conservation Officer.
5-3B
,Timothy L. & Lisa Medeiros
AMENDED
ORDER qF CONDITIONS - Continued: FILE NO. 15-1109
37. Once plantings become established, all hay bale silt fence and snow fencing, or
any combination thereof required by this Order of Conditions shall be, upon
approval of the Conservation Officer, immediately removed.
38. The Commission reserves the right to require additional protective measures for
the resource areas should a site visit indicate the necessity for those
additional measures.
39. Unless alternate erosion/siltation control measures have been approved by the
Conservation Commission or its agent, all exposed soils exceeding a 4:1 slope
shall be stabilized using erosion control blanket/netting within 48 hours of
soil disturbance, and shall remain in place for the duration of the project, or
until vegetation has been re-established.
40. Any soils exposed by construction activity or disturbed in another manner shall
be, upon completion of construction, immediately stabilized with indigenous
vegetation. Plantings may include, but not limited to grass seed mixture for
approved lawn areas, indigenous shrub and tree species, or indigenous herbaceous
cover species. All plantings shall be approved by the Dartmouth Conservation
Officer.
41. Once plantings become established, all hay bale silt fence and snow fencing, or
any combination thereof required by this Order of Conditions shall be, upon
approval of the Conservation Officer, immediately removed.
42. The Commission reserves the right to require additional protective measures for
the resource areas should a site visit indicate the necessity for those
additional measures.
47. In the event the proposed pool is drained, the water shall be hauled out by tank •
truck, or, allowed to stand without chemicals for a minimum of seven (7) days
before being allowed to drain.
5-3C
Timothy L. & Lisa Medeiros
AMENDED
ORDER OF CONDITIONS - Continued: FILE NO. 15-1109
-77
Issued By the Dartmouth • servation Commission
Si•j� -
ture(s
„..,
This Order must be signed by a majority of the Cons'erJvation Commission.
On this 2nd day of May 19 95 , before me personally
appeared Gerald Franklin , to me know 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.
/ / ms 6/28/96
Notary Public Rita Costa My Commission Expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the
proposed work is 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 Protection to issue a Superseding Order,
provided the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this
determination. 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.
This Order of Conditions, unless specifically indicated to the contrary, is issued pursuant to both the
Massachusetts Wetlands Protection Act and the Dartmouth Wetlands Protection Bylaw. Therefore, in addition to the
appeal process specified above for the appeal of an Order of Conditions issued pursuant to the Massachusetts
Wetlands Protection Act, any person aggrieved by this Order may also appeal this Order of Conditions in accordance
with Section 1.08 of the Dartmouth Wetlands Protection Bylaw.
Detach on dotted line and submit to the conservation Commission prior to
commencement of work.
To the Dartmouth conservation commission Issuing Authority
Please be advised that the OrderoPEPonditions for the project at
File Number 15- 1109 has been recorded at the Registry of Bristol, book ,page
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 is
signature Applicant
5-4A