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HomeMy WebLinkAbout83-76THE COMMONPIEALTH OF . MASSACHUSETTS ` { AltJJ ORDER WETLAND PROTECTION ACT G.L.c.131 i.40 4" FILE NUMBER: 83 - 76 PROJECT LOCATION: 14 Compass Drive• �.4{ So. Yarmouth + TO: Ms. Joanne Twohig CERT. MAIL NO: 670233 RE: NOTICE. OF INTENT AND PLANS DATED:9/27/76 DATE 'OF RECEIPT BY %;�A DATE OF PUBLIC HEARING:10/19/76 CONSERVATION COMMISSION:,► Pursuant to 'the authority of G.L. c.131 s.j40, the Yarmouth Conservation Commission has considered your notice of intent and plans ,. -omitted therewith, and has determined,that the .area on which the _- proposed. work i-s• to be done is significant to one or more of the , interest . .xt de.,cribed in the said act. The h?r.eby orders that the following conditions are necessary and all work rr:llst b;e performed in strict conformance therewith: ,. •`i1,•�TONS w 1. 'Fallurc: to comply with all conditions stated herein, and with all ;. related statutes and other regulatory measures, shall be deemed cause 6 t.o 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, local statutes, ordinances, by-laws and/or regulations. .: 4. The work authorized hereunder shall be completed within one (1) year,,r*- frcm the date of this order. The order may .be extended. by the issuing authority for one or more,additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its.extension. 5. Any fill used in connection with this project'.shall be clean fill, containing no trash, refuse, rubbish.,or debris, including,'without limiting the generality of the foregoing, lumber, bricks,.plaster, wire, lath, paper, cardboard, pipe,.tires, ashes, ref"rigerators, `.;. motor vehicles or parts of any 'of the foregoing. art 6. No work may be contmenced until all^appeal periods have elapsed from the order of the Conservation Commission or from a 'final order by the Department of Natural Resources has eldpsed. "D - 30 IRM CONDITIONS CONTINUED PAGE 2 FILE NO. 76 7. No work shall be undertaken until the final 'Order,' with respect '`�V• `'.. to the proposed project, has been recorded in the Registry;of ', Deeds for the district in which the land is located. Copy'to' be furnished to issuer of this Order showing book and page., 8. 1pon completion of the work described herein, the,applicant*'.: that a Certificto of { shall forthwith request, in writing, e Compliance be issued stating that,the work has been satisfactorily..,Xr,,,,, completed.x:. • +. , it Yn 9. A sign shall be displayed at the ;site not less than two- square feet or more' than three square feet bearing the words; "Massachusetts Department of1Natural Resources, File ,_ 1A Number �,41 10. Where the Department of Natural Resources is requested tofmake a determination and to issue a superseding order, the Conservation'' Commission,shall be a party to all agency proceedings and hearings�X';' before the Department of Natural Resources. 11. The work shall conform to the following described plans and additional. conditions: 12. All construction shall conform to the plans as submitted.' 13. No work of any kind shall be performed within 15 feet from the edge of the y' bank at the river with the exception of installation of fence posts. 14. The work area adjacent to the pool shall be sodded and planted with shrubs after construction and this work'shall be finished by January 1, 1977.'W. tag ► 15. No drain pipes of any kind will be installed into Parker'$ River. 16. All future draining of the poollshall be by tank truck, and liquid waste _ shall be disposed of at the direction of the Board of Health. 17. The Conservation officer shall be notified at least 48 hours prior to commencement of work to insure proper inspection. ' X - R N_ 31 ' f I U MW CONDITIONS CONTINUED PAGE 3 .FILE NO. j, 4� The applicant, any person aggrieved,by this order, any owner f � t land abutting the land upon which the proposed work is o be done* o any ten residents of the city or town in which such land-is-tocated,."."'. ai;,q hereby notified of their right to appeal this order to the Dezartment of Natural Resources, provided, the request is made in'writIM and by certified mail to the Department of Natural Resources within ten (10) days from the issuance of this order. jr ISSUED B tion ra-mi asi n 4 On this Twenty-sixth day of October 1976, before me personal appqaredLee M. Colton, Rene A. Frasier,. Allen R. Vera, John L. Silver," to m6 known to be the person described iniand who exlecuted.the-forego.j."- instrument and acknowledged that he executed the same as his freq and deed. Henry R. Darling, John L. Newton % 41 My commission:,expirqs:\ -14 1- 32': 11L WETLAND PROTECTION ACT MASSACHUSETTS G.L. C.131 s.40 ♦o �6 r NOTICE OF INTENT ALL PARTS OF THIS FORM SHALL BE COMPLETED UNDER THE PAINS AND PENALTY OF PERJURY INCLUDING THE ENVIRONMENTAL DATA FORM ATTACHED HERETO AND MADE A PART HEREOF OP. THE FILING MAY BE CONSIDERED INCOMPLETE. DATE 1. Notice is hereby given in accordance with the provisions of G.L. C.131 s.40, that the proposed activity as submitted herein falls within the jurisdiction of said statute, and is located in the City/Town eLl Street. Recorded at the Registry of A fA1-,f W t-j t A. Book .7-J S Page ,-' / 6, Certificate (if registered) 2. The name(s), address and telephone number of owner(s) of the subject land are: NAME ADDRESS TELEPYG F NO. -' 3. S have filed identical Notices and plans by Certified Mail with the following: Conservation Commission (original) Mass. Department of Natural Resources 100 Cambridge St., Boston (3 copies) Date 1/fi Mass. Department of Public Works �f/11 100 Nashua St., Boston (1 copy) Dat c_ ---"--• 4. Have all permits, obtained variances and approvals as required by C.131 s.40 been (yes or no). Attach copies to original Notice of Intent. 5. Enclosed is Statutory Filing Fee of $25.00, payable to City or Town. 6. The name, address and telephone number of the owner's representatives (if any) are as follows: NAME ADDRESS TELEPHONE. NO. Attorney _ 1(,#/? o t,TN Pe, T Engineer Agen ," S' ri%^ �3- /YI�Aiy/� 7. The purpose of the project is: (U Pei S.. Owner's (or agent's signature) additional sheets if necessary) "B" - 24 - a 1 ENVIRONMENTAL DATA FORM 1. All parts of this form are to be filled out by the applicant or his agent under the provisions of G.L,. CH.131 s.40. 2. Where a section is not relevant to the application in question, the words "Not applicable" should be entered on the appropriate ,line. __1 � // NAME OF APPLICANT ADDRESS OF APPLICANT MUNICIPALITIES WHERE ACTIVVIT/Y IS PROPOSED AND NOTICE IS FILED. DESCRIPTION OF PROPERTY INVOLVED IN APPLICATION (including the dimensions of any existing buildings, decks, marinas, existin cesspoolsL DESCRIPTION OF ?MODIFICATIONS PROPOSED ON THE SITE, including grading, dredging, removal of vegetation, Qe�tc. / ' A. SOILS E'r�TX 1. United States Department of Agriculture,Soil Types (shdw on map) h- , v, % r_ % / A v 2. Permeability of soil on the site. (Dates of testing) 3. Rate of percolation of water through the soil. (Dates of testing), , , B. SURFACE WATERS 1. Distance of site from nearest surface water (Date of measurement) 2. Sources of runoff water -- 25 - 3. Rate of runoff from the s to A-IAI V - 4. Destination of runoff water _&g A/ �p j S. Chemical additives to runoff water on the site! C. GROUND COVER ° 1. Extent of existing impervious ground cover -on the site 2. Extent of proposed imper/Olixs ground cover on the site 3. Extent of existing vegwtative v v cover on the site 4. Extent of proposed vegetative cover on the site., D. TOPOGRAPHY 1. Maximum existing glevation on site 2. Minimum existi elevation of site 3. Maximum proposed elevation of site 4. Minimum pro i ed elevation of site S. Description of proposed change in topography E. GROUND WATER 1. Minimum de"th to water'table on site (at time of filing) 2. Maximum depth to water table on site (at time of filing) 3. Seasonal maximum ground water elevation F. WATER SUPPLY . 1. The source of the water to be provided to the site Tl ,4,- w lk'r (I A 2. The expected water requirements (g.p.d.) for the site 3. The uses to which water will be put 26 w. 3 G. SEWAGE DISPOSAL 1. Sewage disposal system (description and location on the site, of system) 2. Expected content of the sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals) 3. Expected daily volumes of sewage H. SOLID WASTE ' 1. Estimated quantity of solid waste to be developed on the site 2. Method for disposal of solid %Xabte 3. Plans for recycling ofi sokiN waste I. MOAT YARDS, DOCKS, MARINAS 1. Capacity of marina (n m r of hoats, running feet) 2. Description of docksnd floats (site, dimensions) / 3. Description of sewage pumpout facilities (type of waste disposal) 4. Description of fuelling facilities and fuel storage tanks 5. Description of fuel spill prevention measures and equipment J. IMPACT OF PROPOSED ACTION APPLIED FOR 1. Effects on plant species (upland and marine) 2. Effects on marine species (shellfish, finfish) , 3. Effects on drainage and runoff 4. Effects on siltation of surface waters 5. Effects on groundwater quality C 6. Effects on surface water quality ` �r K. ALTERNATIVES TO PROPOSED ACTION 1. Describe alternatives to the requested action 2. Describe the benefits of the requested' action over the alternatives I — 28 •ram -, -=_ ��y ! YARMOUTH CONSFRVATION COWISSION NOTICE-- ' Notice is hereby given of the intent of Joanne Twohig, 4ry 14 Compass Dr., So. Yarmouth to,constr*ct a swimming pool, -'as per , ` LW ­ ,.Plans on file with the ComseTvAitSA Commission , A,y Hearing on the • above 'wi 11 cbe• he32&+•at"the.-_Yarmouth Town Hall, South Yarmouth, Maass. on Tuesday, October 199 1976 : at 7:45 p.m. LEE M. COLTON, CHAn MAN *, CONSERVA-TION •COMMISSION "y`± TOWN OF YARMOUTH "' Ale &Mmolnweald 0/tAl "acAW49,46 (Dxff"m ©11vwe of (�nvixonmen�.v11 r4 -90aix6nent al ev 6wxmenta` 91malc�� /00 Wamipa e Y&ed ,Vaaton, Jaajao� OV0.1 �*M-T-v October 25, 1976 This Department is in receipt of an application under General Laws Chapter 131, Section 40, filed in the name of .........Joanne-Twohi9...................... ........................................ ............ Same Ownerof Land ......................... .............. This project is in the City/Town of..Yarmouth........ and is located................Parker.Rivgr........... The following information is required ...... ........................ c ) c ) ...................................................... This project has been designated by the File Number— W-.70 a vid dl w c7 �- dJ' - Commissioner Send required information to Room 1904, above address with File Number on same. M PINE � � N \� � �f � -� ;,- •` Yarm th-Dennii - 4 s= d { ii� •yam : •�` Regionai High Sch ° - C f - - t. � �f 1 / 9 ♦ i f O .a -r. � _ "`ems.:' 4-t � �-'s ;-� CO��nMimi �CSs -:- O 11AN 4614 O_ !ump H © �,', °., .p •c`' oj I -All 20. -, � 1 and grid Graveitv __ ��• •..� itJt / Horse `O\•`'�•�•• '•' ,'�i• /•_pondmkn/O Pond a 4613 /6 �? ! iTrah v U\ `� �,/ _moo ♦ O J ♦ _ /io\� X (d •.� armou �\ •' P, � moo` �--�-, /s _ � �`.a .,, • / �,P�t?. ,�`'�`� \v/� D!! 1`, ..• /�' • moo\ a\ Cq ern/� /`� p Y� d •vf�' r /�+ r` '! 0 Q u 2�. .•;.' �,` .\Ro; �� \. •=i.!i a. 1'p o 011, ater ♦�• B ti2•:�•'•..• '�Ake, nk Ncc \\ A� f P�•_ ', �--'�` SQ Tan ! ••9ii� �� ti0 1 Q- °. ' ,O - _ - - _ s =♦i6' ���{;v�ILL60 t', !' .sT• �g� •� - l'. In rloutl�t== FEETpo =rye• t �. a- i •� — ' :. •• ' /`'... "' ,�• I •i gyp•'. 11�0�•••�•: rpw 'J? �: �% • ice.' P '`�\ •`-tn' ,' .: '�� : ••`•• • • •' \,- ..... \ • / F. "�' it � :e•. ;',� n.� e �; r' •,(':.•- : 0�•• �'e �`�:•• l 11 �• ••�••• 1\\ o •! s '•�•. .� Drive -In ' � \ . m ;IIC [ � DR� • �: .. �• ••�• �:D • D' : / Theater .1• I : r FOR - �: „+` '�- D• - •(�•• _ fie, ��._ ✓ �.,_-- .. ............ H n •1_ _. _ _ t�,.• Eii JI �.5 Ali 4 Lewis 2 >t: e o J(�°' . ©• - Pond 4610 LEWIS T�� ; GR\\ 5 W ! ower sea h {� B ••c• A Y - Y - ` ,•2 t \ 4 ' s to 4" t 3 7 P i YARMOUTH CONSERVATION COMMISSION r: �►� NOTICE fib. fE:dSp.m. Notice is hereby given of the intent of Joanne Twohig, ;.. Compass Dr., So. jarmouth to construct a swimming pool, as per °•plans on file with the Conservation Commission Hearing on the above will be held at the Yarmouth r Town Hall, South Yarmouth, Mass. on Tuesday, October 19, 1976 at 7:45 p.m. LEE M. COLTON, CHAIRMAN CONSERVATION COMMISSION TOWN OF YARMOUTH ' • + " a ram', �y�"a,' CONSERVATION COMMISSION 'I TOWN OF YARMOUTH SOUTH YARMOUTH, MASSACHUSETTS 02664 October 12, 1976 ,3 The Cape Cod Times 319 Main STreet Hyannis, Ma. 02601 Legal Ad Dept. Gentlemen: Kindly publish the enclosed hearing notice, 10/15/76, as a legal ad. Very truly yours, `Conservation Commission Secretary Enclosure d F -- E F.XECUTIA OFFICE OF ENVIRONNENTAL AFFAIRS DEPAW iENT OF ENVIRONMENTAL QUALITY ENGINEERING 'z, DIVISION OF WATERWAYS ' 100 Nashua Street Boston MA 02114 OCTOBER ] 2 19'(6 MIS. ,JOANNE TTROHIG RE: STWrDRUNG POOL 'LOT 28 l)! COMPASS DRIVE OFF COMPASS DRIVE ; SOtTTH YARMOUTH, MASS. YA.RMOUTH ' Fig This will acknowledge receipt of your Notice of Intent to perform work subject to Chapter 131, Section 40 of the General Laws (as amended by Chapter 613 of . the Acts of 1974). From your plan, Notice of Intent and investigation by this Division, it has been determined that: ( ) Additional information will be required before•a proper determination can be made. please submit a sub -sketch on a small scale showing the general location of the proposed work, names of the pond or stream and roads in the area, etc., in order that we can properly or the location of the project. A United States Geological Map is ideal for this purpose. (t) A license will not be required at this time under the provisions of c.•91 of the General Laws; however, a permit may be necessary from the Division of Vletlands subject to c. 131 s. 40. ( 1 A license will be required at this time under the provisions of c.,91 of the General Laws. Enclosed are rules and regulations for filing under said provisions. License applications will not be accepted unless accompanied by an Order of Conditions frnm'your local conservation commission.. All work shall be subject to all other related provisions of law, by-laws, ordinances and regulations that may pertain. Very truly yours, J OHN J . 11 ANNON , P.E. Chief Engineer cc: Division of Wetlands REMJ. RKS : ANY 14ORK WITH -IN THE PARK.ERS RIVER WILL, REQUIRE A LICENSE, S W/m/;,) i1-V1C- �"/j o Atip p � ej,� CEASE AND DESIST ORDER UNDER G.L. c.131 640 PROJECT LOCATION: 14 Compass Drive DATE: September 279 1976 South Yarmouth, Ma. 02664 TO: No, .Joanne Twig a Ms. Eleanor TWohig After an investigation and on -site inspection of the project indicated above, it has been determined that the area upon which work is proceeding is potentially essential to public or private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, protection of land containing shellfish and the protection of fisheries. Therefore, the Yarmouth Conservation Cosmmission hereby issues the following Order:, 1. The owner of the subject property, his agents and employees and parties entering the premises pursuant to a contract with the owner or his agents and employees shall immediately cease and desist from any and all removal, dredging, filling or altering of any bank, flat, marsh, meadow or swamp bordering on the ocean or on any existing creek, river, stream, pond, or lake or any land under said waters or any land subject to tidal action, coastal storm flowage or flooding. 2. No further work shall take place on the subject property until such time as the Yarmouth Conservation Commission shall issue an Order of Conditions regulating the said work. 3. The owner of the subject property shall forthwith file appropriate forms and plans as required by G.L. c.131 §40. ISSUED BY: SERVED BY: Secretary Certified Mail #►0764 4 Yarmouth Conservation Commission RECEIVED BY: