Order of Conditions Form 5
pEOE File'No. 15-459
- (To be provided by DEOE)
_ = b Commonwealth ,� City/Town Dartmouth
of Massachusetts Applicant Robert Pettey
=
'Order of Conditions
Massachusetts Wetlands Protection Act
. G.L. c. 131, §4O •
From the Dartmouth Conservation_ Comrntss on
To Mr. Robert Pettey (same)
• (Name of Applicant) (Name of property owner)
Bryant St.
Address Assonet, MA 02702 Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
la by certified mail, return receipt requested on 2/21/85 (date)
Plat 115, Subdivision of Lot 4-A
This project is located at Lot 9, Pine Island Rd. , Dartmouth
The property is recorded at the Registry of Bristol
Book 1874 Page 290
Certificate (if registered)
The Notice of Intent for this project was filed on 1/8/85 (date)
The public hearing was closed on_ 2/19/85 (date)
Findings
The _Dartmouth 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 ' Commission 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):
34 Public water supply Storm damage prevention
Private water supply Prevention of pollution
Ground water supply ❑ Land containing shellfish
XI Flood control X Fisheries
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• Robert Pettey
ORDER OF CONDITIONS CONTINUED: FILE NO 15-459
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,
groundcover 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. 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 or successor in
control.
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:ORDER ,OF CRND'ITIONS CONtINUED:: ii1E NO.. ,15-459
Plans:
•
Title • Dated Signed and Stamped by: On File with: •
12/8/8(5) All •
"Proposed Septic System Brant Haworth Dartmouth Conservation
in Dartmouth for Commission
Robert Pettey
"Wetlands Plan in Dartmouth
for Robert Pettey, Dated •1/7/8(5) , Dwn. by B., itzgerald
• Special Conditions(Use additional paper if necessary)
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 Division 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. Hay bales shall be installed at the Inspector' s discretion during
excavation.
35. The vegetation between the proposed house and the stream shall not be
removed or altered.
(Leave Space Blank)
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. _t ir, L. _tLLey
ORDER OF CONDITIONS' CONTINUED;' ,FILE;NO. )_5-459
Issued By e DA Conservation Commission •
Signature(s)
�I / cle-YLc: 4--..4_
✓t�Gx5:44_
y�i{iL,• • jai��iL C/�✓ y 7 u-..L
This Order must be signed by a majority of the Conservation Commission.
On this 19th day of FPhniary 19 85 ,before me
personally appeared David Bolton ,to me known to be the
person described in and Who executed the foregoing instrument and acknowledged that he/she executed
the same as histher free act etMe dted:
,�, 7/21/89
Notary Public 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 Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to
the Department within ten 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 the applicant.
Detach on dotted line and submit to the Dartmouth Conservation Commission prior to commencement of work.
To the Dartmouth Conservation Commission Issuing Authority
•
Please be advised that the Order of Conditions for the project at
•
File Number 15-459 has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 1 9_
if recorded land,the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is
Signature Applicant
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Therefore,the D tn4ut 31_Cona .ryat: .on_C_ommi.s hereby 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_.Conserv_aktiort_:Comm3ss on 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 al!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 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 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 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 Quality Engineering,
File Number_ 15-459
• 10.Where the Department of Environmental Quality Engineering 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 hein,the applicant shall forthwith request in rriting that a
Certificate of Compliance be issued stating hat the work has been satisfactorily computed.
12.The work shall conform to the following plarsiis and special conditions:
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