HomeMy WebLinkAboutDRAFT SpecCondBOILERrev0103202510.1
Revised 08/22/2024
SE3-
Name:
Approved Plan =
Special Conditions of Approval
I. Preface
Caution: Failure to comply with all Conditions of this Order of Conditions may have serious consequences.
Consequences may include: issuance of a Stop Work Order; fines; requirement to remove un-permitted structures;
requirement to re-landscape to original condition; inability to obtain a Certificate of Compliance, and more.
The General Conditions of this Order begin on Page 5 and continue through Page 9. The Special Conditions
contained herein and all Conditions require your compliance.
II. Prior to the start of work, the following conditions shall be satisfied:
1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved
herein, General Condition Number 9 (recording requirement) shall be complied with.
2. It is the responsibility of the applicant, the owner and/or successor(s) and the project contractors to ensure that all
conditions of this Order are complied with. The applicant shall provide copies of the Order of Conditions and
approved plans (and any approved revisions thereof) to project contractors prior to the start of work. Barnstable
Conservation Commission Forms A and B shall be completed and returned to the Commission Division prior to the
start of work.
3. Prior to the building permit sign-off, the agreed upon in-lieu fee, totaling $___________, shall be paid to the Town
of Barnstable for the Hamblin Conservation Fund.
4. General Condition Number 10 (sign requirement) shall be complied with.
5. The Conservation Commission shall receive written notice one (1) week in advance of the start of work.
6. The work-limit line shown on the approved plan shall be staked in the field by the project surveyor/engineer.
7. Staked strawbales backed by trenched-in siltation fencing shall be set along the approved work -limit line. Wattles
may be used instead, following consultation with the Conservation Agent. Where authorized for use, wattles shall
be 8" in height at the minimum. Effective sediment controls shall remain until the site is stabilized with vegetation,
then they shall be removed.
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8. A sequence of color photographs showing the undisturbed buffer zone shall be submitted to the Conservation
Commission. Note: The strawbales and siltation fence (or wattles, where approved) must show in the foreground
(or bottom) of the photographs.
9. A general landscaping plan shall be submitted for approval by the Conservation Agent.
10. A construction protocol and methodology shall be submitted in writing two weeks prior to the start of work to
allow sufficient time for approval by the Conservation Agent. It shall list sequencing steps for the
________________________ construction, and i nstallation of erosion controls to prevent erosion into the buffer
and the resource area. Erosion controls shall be maintained at all times, and inspected after heavy rain events, as
well.
11. A pre-construction site visit shall include the Conservation Agent, contractor, and engineer, and shall take place
prior to the start of work. Erosion controls shall be installed prior to the pre -construction site inspection visit.
III. The following additional Conditions shall govern the project once work begins. Note, especially,
Special Condition Number____, requiring verification of the locations of the foundation and
strawbale line.
12. General Conditions, Numbers 13 and 14 (changes in plan) shall be complied with.
13. General Condition Number 18 (maintaining sediment controls) shall be complied with.
14. The work limit shown on the approved plan shall be strictly observed.
15. There shall be no disturbance of the site, including cutting of vegetation, beyond the work limit. This condition
shall continue over time. The only exception would be those disturbances with specific prior approval.
16. The Conservation Commission, its employees and its agents shall have a right of entry to inspect for compliance
the provisions of this Order of Conditions.
17. Unless extended, this permit is valid for three years from the date of issuance.
18. An Amended Order does not change the original date of expiration of this Order of Conditions.
19. This approval is contingent upon the approval of the Board of Health for the subsurface sewage disposal system.
20. Upon completion of the foundation and/or retaining wall(s), the project surveyor or engineer shall verify in writing
or by plan to the Commission the correct location of the foundation and/or retaining wall(s) and work-limit line,
and note any discrepancies from the approved plan. If verification is in the form of an “as-built” plan, the plan
provided shall be drawn at the same scale as the approved plan.
21. Any fill used for this project shall be clean fill. Fill shall contain no trash, refuse, rubbish, or debris.
22. No CCA-treated or creosote-treated materials shall be used.
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23. Construction shall conform to the requirements of the State Building Code and the Town of Barnstable Zoning By -
Law Flood Area Provisions for construction within the coastal floodplain. Work shall ensue only after consult ation
with the Building Commissioner.
24. Drywells or graveled trenches along the drip lines shall be installed to accommodate roof -runoff as indicated on the
approved plan.
25. The driveway shall be constructed of pervious material (gravel or shell), or alternate, as approved by the
Conservation Commission.
26. Pool and spa shall be disinfected by ozone injection or alternate method, as approved by the Conservation
Commission. Drawdown water shall be sent to an appropriately sized leaching basin. Upon installation, a letter
shall be submitted by the installer verifying that disinfection and leaching basin requirements have been met. The
location and capacity of the basin shall be verified and the means by which drawdown will be dir ected to the basin
shall be described.
27. During construction, no area shall be left un-mulched or un-vegetated for more than thirty (30) days. All areas
disturbed during construction shall be re-vegetated immediately following completion of work at the site.
Mulching shall not serve as a substitute for the requirement to re -vegetate disturbed areas at the conclusion of
work.
28. All proposed lawn areas shall be underlain with a minimum of six (6) inches of loam.
29. 310 CMR 10.30(3) of the Wetlands Regulations promulgated under MGL c. 131 § 40, requires that no coastal
engineering structure, such as a bulkhead, revetment or seawall, shall be permitted on an eroding coastal bank at
any time in the future.
30. Mitigation areas required under Chapter 704, shall be accurately staked in the field by a registered professional
engineer or land surveyor prior to installation of vegetation. This includes meadow restoration areas. Pin flags shall
not be a substitute for staking. Wooden stakes shall be labeled “mitigation area” to assist landscaper. It is up to the
applicant to contact landscaper once stakes are in. Turf shall be removed prior to installation of vegetati on.
31. All mitigation planting shall be carried out. Once completed, the planting shall be retained. Replacement shall be
provided for specimens failing to thrive. Temporary irrigation may be provided.
32. The mitigation planting areas in the 50-foot buffer, as shown on the approved plan, shall be seeded with a native
mix between plants or be allowed to naturalize. They should not be irrigated (temporary irrigation only), fertilized,
treated with herbicides or pesticides, mulched,* or weeded. Exceptions shall be made for watering by hand during
drought conditions and management of invasive species without herbicides. *(Mulch may only be used until
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plants become established). Should mitigation plantings grow to obstruct a view corridor, prior approval of
Conservation staff will be necessary before pruning or lowering height may occur.
33. Mulch in mitigation areas is not allowed except under the driplines of plants and only until those plants are
established.
34. For invasives management not conducted as mitigation, invasive species treatment and removal, as previously
approved, may be carried out in perpetuity with prior Conservation Division notification. Notification should be
made within 5-7 days of scheduled treatment. The contractor doing the work must hold a pesticide applicators
license; any changes to the treatment protocol or contractor should be indicated at the time of notification. Except
on a coastal bank, any invasive treatment within a wetland must be conducted by a CERP certified
individual/company. An annual report with photos shall be submitted to the Conservation Division for any year in
which invasive plant management occurs.
35. Monitoring reports for mitigation/restoration area shall be submitted by a landscape professional once annually for
a period of three years. Reports may commence after a growing season.
36. QUALIFIED CONSULTANT. The project shall be implemented by _______________________. If another
contractor is sought by the applicant, the consultant / contractor must first be approved by the Agent/Commission
on the basis of his/her qualifications, expertise, and documented experience in such projects. The commission
reserves the right to interview the prospective contractor / consultant prior to making a determination.
37. It is very important that prior to use of fertilizers, both certified and noncertified applicators, refer to the Town of
Barnstable Code Chapter 78. Fertilizer Nitrogen and Phosphorous Control. Conservation shall enforce 78 -5B(4)
and (8) as follows:
Noncertified fertilizer applicators shall not apply fertilizer closer than 100 feet to any water body, or within the
Zone I of a public drinking water well unless permission is obtained through the enforcement authority set out in §
78-6D(1) herein allowing such activity.
Noncertified fertilizer applicators shall not deposit grass clippings, leaves, or any other vegetative debris into or
within 50 feet of water bodies, retention and detention areas, drainage ditches or stormwater drains, or onto
impervious surfaces, such as, but not limited to, roadways and sidewalks, except during scheduled clean -up
programs.
38. Work limit markers (wood stakes) shall remain in place until a Certificate of Compliance is issued for this project.
39. A half-rail fence (or approved alternative) shall be constructed and maintained along the work -limit line.
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40. Proposed vista-pruning shall be done in accordance with Conservation Commission guidelines. Advance
consultation with the Conservation Agent is required.
41. Invasive species treatment and removal shall be carried out only by an individual who has experience with invasive
plant removal and holds a MA pesticide applicator license.
IV. After all work is completed, the following condition must be promptly met:
42. Where mitigation planting was a requirement under Chapter 704 and measures 300 sq. ft. or less, the
project surveyor or engineer shall take the following steps: Either verify in the Certificate of
Compliance request letter, accompanied by photographs, the required mitigation plantings are installed
as indicated in the approved plan(s) of record with the letter noting any discrepancies, OR submit an as-
built plan of the mitigation areas.
Where mitigation areas measure more than 300 sq. ft., an as-built plan of mitigation areas must
accompany the Certificate of Compliance request. The as-built plan shall be at the same scale as the
plan of record.
43. At the completion of work, or by the expiration of this Order, the applicant shall request in writing a Certificate of
Compliance for the work herein permitted. Barnstable Conservation Commission Form C shall be completed and
returned, along with the request for a Certificate of Compliance and appropriate fee. Where a project has been
completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect or
land surveyor, a written statement by such a professional shall be submitted, certifying substantial compliance with
the plans, setting forth what deviation(s), if any, exists with the record plans approved in the Order . This statement
shall accompany the request for a Certificate of Compliance and fee, along with an updated sequence of color
photographs of the undisturbed buffer zone.
B. FINDINGS:
Following the review of 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 (the Act). Check all
that apply:
a. Public Water Supply b. Land Containing Shellfish c. Prevention of Pollution
d. Private Water Supply e. Fisheries f. Protection of Wildlife
Habitat
g. Groundwater Supply h. Storm Damage Prevention i. Flood Control