Amended Order of Conditions 1993 310 CMR 10.99 • DPP Pile No. 15-984
" / / 8"9/1 • (To be provided by DEP)
Dorm 5 r
Ciity/Towa Dartmouth
Appiiont Cherry Field Development
commonwealth
of 1�fassachuaette D •
f i t k d='I
AMENDED k ,1
Order of Conditions
Xassachuetts Wetlands Protection Act
G.L. a. 131, 540 and the
Dartmouth Wetlands Protection Bylaw •
prom Dartmouth Conservation Commission Issuing Authority
Cherry Field Development
To r/- Charon Associates. Inc. Cherry Field Development
(Name of Applicant) (Name of property owner)
323 Neck Road 8 Wareham St.
Address Rochester, MA 02770 Address Middlphorn, MA 02146
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
40 by certified mail, return receipt requested on 6/16/93 (date)
This project is located at Lot 48-28, Sundance Rd. (lot 304)
The property is recorded at the Registry of Rristnl
Book 1630 Page 580
certificate (if registered)
The Notice of Intent for this project was filed on 9/21/92 (date)
Request for Amended Order of Condition filed on May 27, 1993
The public hearing was closed on 6/15/93 (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 Cnmmi n n 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):
le Public water supply Flood Control Land containing shellfish
P►• Private water supply Storm damage prevention 4 Fisheries
I' Ground water supply ��$$ Prevention of pollution Protection of Wildlife Habitat
Total Filing Fee Submitted NA State Share NA
. (1/2 fee in excess of $25)
. NA
City/Town Share
Total Refund Due S —0— _ City/Town Portion S —0— State Portions —0—
(1/2 total) j 'tl ,r 1g,{ Qt$
LS C 11ci LT NOP C6,
GBAlBO ',
Effective 11/10/89 5-1
Cherry Field Development
ORDER OF CONDITIONS - Continued: (AMENDED) FTVR D. 15- 984
Therefore, the Commission hereby finds that the following conditions •
are necessary, in accordance with the Performance Standards set torch in the
regulations, to protect those interests checked above. The Commission
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that the 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.
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 parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
8. No work shall be undertaken until the Final order has been recorded
in the Registry of Deeds or the Land court for the district in which
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry's Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the Final order shall also be noted on the Land
• Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin 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- 984
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.
5-2
•
Cherry Field Development ' •
ORDER OF CONDITIONS — Continued:AMENDED • FILE NO. 15— 984
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.
12. The work shall conform to the following plans and special conditions:
Plans:
Title Dated Signed and Stamped by: On File with:
5/25/93 Richard J. Charon Dartmouth Conservation
"Plan of Site & Subsurface Sewage Disposal" commissi -
Special Conditions (Use additional paper if necessary)
13. No activity shall occur prior to obtaining all necessary and required
permits, licenses, and approvals; and until copies of the same have been
furnished to the Conservation Commission.
14. Any design modifications, alterations, amendments, or additions shall be
subject to the approval of the Dartmouth Conservation Commission. Requests
for any changes shall be made in writing and shall be accompanied by a
revised plan.
•
15. No modification of surface features, drainage or topography shall be
permitted, except as indicated by this Order of Conditions.
16. Contours shall remain unchanged except as permitted by this Order of
Conditions.
17. There shall be no construction other than that proposed by the Notice of
Intent and included on the submitted plan.
18. Immediately upon completion of the exterior construction, grading and
landscaping shall be carried out in order to minimize erosion.
19. All wet areas not to be altered shall be kept clear of rubbish, debris and
construction material.
20. All exposed soil or subsoil shall be replanted with vegetation such as grass,
ground cover or shrubs so as to minimize erosion and siltation.
21. There shall be minimum disruption of existing grades and vegetation in order
to minimize erosion.
22. No runoff shall be caused to drain onto adjoining property or upon any public
way.
23. All excess material shall be removed from the site.
24. When construction begins, the owners shall notify the Conservation Commission
immediately so that regular inspections may be made.
5-3A
Cherry Field Development •
ORDER OF CONDITIONS - CONTINUED: AMENDED FILE NO. 15-984
25. All work performed in accordance with said plans and this Order of Conditions
shall be in compliance with the State building and/or plumbing code.
26. The Inspector and/or the Commission members shall have the right to enter
upon the land for the purpose of the inspection and/or the taking of
pictures. Times for the same shall be at the discretion of the Commission.
27. The design engineer will certify, in writing, that this project has been
completed in accordance with the above Order of Conditions before the
Certificate of Compliance will be issued.
28. 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, S 40, the
Wetlands Protection Act.
29. 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.
30. 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.
31. Any changes required by any other board or authority may require a new filing
with the Conservation Commission.
32. At the discretion of the Conservation Commission, the applicant may be
required to file with any or all of the following agencies:
The Department of Environmental Management, the Army Corps of Engineers,
Coastal Zone Management and the Divisions of Waterways.
33. 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.
34. Prior to any construction, an on-site meeting between the Conservation
Officer, the contractor, and the holder of this Order of Conditions shall
take place to identify work that will be done in and adjacent to the resource
areas.
35. All siltation control measures shall be'installed and then approved by
the Conservation Officer prior to any construction.
36. Any fill and/or construction materials shall be placed in upland areas.
37. The applicant shall have on hand at the start of any soil disturbance,
removal, or stockpiling, a minimum of fifty (50) hay bales and sufficient
stakes for securing these bales. Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the normal
control of erosion.
38. 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 condition #14 of
this Order of Conditions.
5-4A1
ORDER OF CONDITIONS - CONTINUED: FTT,F NO. 15-
39. This Order of Conditions shall be recorded within fifteen (15) days of
receipt in accordance with Conditions 48.
40. Prior to any construction, the name and telephone number of a contact person
in charge of activity on site shall be submitted to the Conservation
Commission.
41. Any construction in the flood plain shall conform to 780 C.M.R., section
2102, the Design Requirements for Construction in Floodplains.
42. 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 their
removal.
43. 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.
44. Any soils exposed by construction activity or disturbed in an other manner
shall be, upon completion of construction, immediately stabilized with
indigenous vegetation Plantings may include, but not be 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.
45. Once plantings became 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 Dartmouth Conservation Officer, immediately removed.
46. 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.
• 4
4
5-5
Cherry Field Development
ORDER OF CONDITIONS - Continued: AMENDED FTT.F, NO, 15- 984
Issued By Dartmouth conservation Commission
Signature , tip 24/141A1;7.21-----
e �� ,
.7? / *C-K,", • Fert
This Order must be signed by a majority of the Conservation Commission.
on this 15th day of June 19 93 , before me
personally appeared Gerald Franklin , to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
June 28, 1996
Notary Public Rita My commission expires
The applicant, the owner, any person agrrieved 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 tozrequest the Department of Environmental Protection to issue a Superseding
Order, providing 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.
Detach on dotted line and submit to the Conservation CalmissiOn prior to commencement of work.
To Dartmouth Conservation Commission Issuing Authority
AMENDED
Please be advised that the Order of Conditions for the project at
File Number 15— 984 has been recorded at the Registry of ,book ,page and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature _ Applicant
• 0
5-4A