Order of Conditions 1992 791.
i oy r b
r
310 CMR 10.99 ) a
Form 5 DEP Flo No. 15—984
(To bo oiwio.a by DEP)
- Commonwealth dtry•Town rt-mouth
of Massachusetts Applicant Dartmouth Land Trust
. •=� .= c/o Frank Lipis
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40 and
the Dartmouth Wetlands Protection Bylaw
From the Dartmouth Conseti.�omni ssi on
Dartmouth Land Trust Dartmouth Lane Trust
To c/o Frank Lipis c/a Frank Lipis
(Name of Applicant) (Name of property owner)
61 Alden Place
Address
Somerset, MA 02725 Address same as applicant
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
xxx by certified mail. return receipt requested on October 21, 1992 (date)
This project is located at Lot 304, Fox Run Terrace Subdivision, Sundance Road
The property is recorded at the Registry of Bristol
Book 1630 page 580
Certificate(if registered)
`r September 21 , 1992
The Notitoof I( ent for this project was filed on (date)
Thppub�heQng was closed on October 20, 1992 (date)
Fit thn�s- ='
Tgi Dgiltmgpth Conservation Commission has reviewed the above-referenced Notice of
In%nt guld pl is ana nas neld a public hearing on the project. Based on the information avaiiaple to the
['c n c s on at this time, the Commission has determined that
the ar4 on ihich the proposed work is to be done is significant to the following interests in accoroance with
the Pi'esurttitions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
Eic Public water supply c Flood control ❑ Land containing shellfish
a Private water supply ®c Storm damage prevention Fisheries
Mc Ground water supply Mc Prevention of pollution a Protection of wildlife habitat
Total Filing Fee Submitted $250.00 State Share $112.50
City/Town Share $137.50 (1/2 fee in excess of S25)
Total Refund Due S —0— City/Town Portion S —0— State Portion 5-0—
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
Dartmouth Land Trust c/o Frank Lipis
ORDER of CONDITIONS — Continued: FILE NO. 15—984
Therefore, the Dartmouth Conservation Commissionhereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations. to protect those inter-
ests checked above.The Conservation Catmission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein. and with all related statutes and other regulatory meas-
ures. shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable feaeral, 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 de-
bris, including but not limited to lumber. bricks, plaster,wire,lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the Comnission
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.
1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
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Dartmouth Land Trust c/o Frank Lipis
ORDER OF CONDITIONS - CONTINUED: FILE NO. 15-984
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.
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. A 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.
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Dartmouth Land Trust c/o Frank Lipis
ORDER OF CONDITIONS CONTINUED: FILE NO. 15- 984
Rum
Title Dated S1Qned and Stamped by: On Fite with:
Revised 10/12/92 Steven D. Gioiosa Dartmouth Conservation
Subsurface Sewage Disposal System" Commission
Special CcndlUons(Use additional paper if necessary)
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.
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s f
Dartmouth Land Trust c/o Frank Lipis
ORDER OF CONDITIONS - CONTINUED: FILE NO. 15- 984
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.
39. This Order of Conditions shall be recorded within fifteen (15) days of
receipt in accordance with Conditions #8.
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 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 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.
Dartmouth Land Trust c/o Frank Lipis
ORDER OF CONDITIONS - Continued: FTT,F NO. 15--984
Issued By Dartmouth Conservation Commission
Signatureis) .---.. .L ,K 4>
Cettz-let.-/-:le.,- K--- _, - ,
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to /9
This Order must be signed by a majority of the Conservation Commission.
On this 20th day of October 19 92
George . before me
personally appeared g A. Levesque , 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 fre act and deed.
(:Zsidt June 28, 1996
Notary Public Rita Costa My commission expires
The applicant,me owner,any person aggneved by this Order,any owner of land abutting the land upon which the proposes work is to be
none,or any ten residents of the city or town in wnicft such land is located,are hereby notified of their right to request 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
aria the applicant.
Detach on dotted line and submit to the JVr-i-mouth Consprvsti on C'OTT1r11i SS on prior to commencement of work.
To the Dartmouth Conservat i on Commission Issuing Autnonty
Please be advised that the Oroer of Conditions for me project at
7"e Numzs.er 15-984 ^as been recorded at the Reoisty of ,book ,page anc
nas been noted in me chain of title of the affected property in accordance with General Condition 8 on . 19 -
If recorded land, the instrument numoer which identifies this transaction is
•
If registered land. the document numoer which identifies this transaction is
S:ci'iature
Abolic:ant
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