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83-1105
Detach on dotted line ano submit to the CONSERVATION COW MI SS ON prior to commencement cf work. To TOWN OFr YaRN1CUTH CONSERVATION COMMISSSICN !Ssulnc,,;ut^cnty P!ease be aoviseo that the Crcer of Concittons fcr the project at Phpa$ant rove GIrGie Fiie Number SE 8 3 -110 5 has teen reccrcec at the Registry of EA `( N S TA c LE ano has been note a in the cna,n of title of the affectec ^reoerty m accoreance with General CJnc::lIon 8 on July 2, If recoreea lane, the instrurr:ent nurr.^er wnic.ri icenuties this rransactIon is Book 8097, Page 136 It reg,stereo ;and, the cc';.rnent nurr.cer writ!-. :Cen:,f,eS this tr3nsac::on slynature 1092 __ cZnt 310 CMR 10.99 Form 5 MR�_ �Commonwealth "-- llff of Massachusetts =„0 DEP Re No: SE 8 3 -110 Cro be provided by DM city/Town. YARMOUTH Applicant JOSEPH W. BUTLER Order of Conditions -� em s • ar• YARMOUTH CONSERVATION COMMISSION From To Joseph W. Butler Game (Name of Applicant) (Name of property owner) Address 24 Dartmouth Street Address Winchester, MA This Order is issued and delivered as follows: O by hand delivery to applicant or representative on -- (date) IJ by certified mail, return receipt requested on June 29, 1992 _ (date) This project is located at Pheasant Cove Circle Yarmwif-hPnrt MA The property is recorded at the Registry of Deeds, Barns tab 1 P — Book 3426 Page 73 Certificate (if registered) The Notice of Intent fcr this project was filed on January 18 . 1 991 (date) The pu~iic hearing was closed on June 4, 1992 (date) Findings The Yarmouth Conservation Commission has reviewed the abeve•referenced Ne:ice If Intent anC cans anc has heid a putt;-- heanng cn the �rc;ec#. Based on the information avafiable to the . Commission at th:s time, the Commission has Ceterrmned that the area cn wnic~ the c.....csec week is to to cone is sicnjicant to the fcllowing interests in acco-cance with ' c:^ a �' �a: ^s fcf each Area Subiec: to PrC:ect:cn lancer the t..e rresuT..;:cns c. ,:ficance set fc. ,h in th re7u. ,... A c: (cnecx as acprc--rate!: , C Pubiic water suc^:y � Fieod ccn;rci � Land ccn��ning sheil�sn C Private water su:::::y .� Stcrm damace prevent:cn Fisheries Protecrcn of wildlife habit P Grcuno water suC"ly Prevention e'. poiluaon ,� Tc:al Fiir. �e Subm;".ad g ' State Share ('/- tee in excess of 525) C:^✓/Town Share C:,,� icwn r;.cn � State Fcr,:cn S Tc:ai Refunc Due 5 (?� tc,20 Therefore. the COMMISSION 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 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 fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. _t General Conditions t . 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 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 snail also be noted in the Registry's Grantor index under the name of the owner of the iand upon which the orooesed work is to be done. In the case of registered land. the Final Orcer snail also oe noted on the Land Court Certificate of Title of the owner of the land upon which the prc::osec wcrK,s to oe dore. The recording information shall be submitted to the COMMISSION On 11 1J. at she :_� `'the er^_ of this Crger ;Dr;c-. .o commencement of the work. N 9. A sign shall be disoiaved at the site nct less than two souare feet cr more than three seuare feat in size bearing the wcres.-Mlassachusens Department of Environmental Protection, Fie Numoer SE 83-1105 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Sucersecing Crcer. the Conservation Commission snall be a party to all agency proceedincs ano hearings oefore the Deparment. 1 1 . Uacn comvetion cf 'he work cescrioec herein, the applicant shall forthwith request in wnting that a Certificate of Comcnance ce !ssueq sta:;rig that the work has been satisfactorily ccmp!etec. 2. The werK shall ccr-crm tc the `cllcwing oars ano special conditions: 5.2 Plans: Title Dated Proposed Site Plan for -Lot 21, Pheasant Rev.5/5/92 Cove circle, tor Josepn W. Butler by Down Cape Engineering, Inc. Signed and Stamped by: Arne H. Ojala, P..E. Special Conditions (use additional paper if necessary) On File with: Con Com 13. The applicant shall be held responsible to advise'•the contractor of all these orders of conditions. 14. The Conservation Officer shall be notified at leas 48 hours prior to t•he commencement of the proposed work. Tel.1f--'r,'398-2231 Ext. 284. 15. These orders of conditions shall apply to any successor in interest or successor in control. 16. The driveway shall be constructed of stone or gravel. 17. Gutters and downspouts directed into drywells shall be installed to provide for roof runoff. lg. Excess material, if any, excavated from the area of the building foundation and septic system, not required for backfill and grading, shall be disposed of only at locations approved by the Conservation Administrator. 19. Any fill required, (See General Order #6 in Order of Conditions)shall be of clean sand and contain no material over 12 inches in diameter. 20. A hay bale dike shall be staked in place as shown on the plan, before any work begins on the project. 21. This dike shall constitute a work limit line. No work of any kind will be permitted on the wetland side of this line. 22. The hay bale dike shall remain in place upon completion of the project and allowed to decay naturally. $pet al Conditions Page 2 23. Any area proposed for removal of vegetation for a period 'of more than seven days, shall be mulched or otherwise treated to prevent erosion. 24. The deck shall not be closed in without a filing of eithe-t a Notice of Intent or a Request for Determination of Applicability. 25. The applicant shall be responsible for having a copy of the Orders of Conditions on the job site at all times. Failure to do so could possibly result in a revocation of the Order, or a fine, or both. 26. The Conservation Commission, its agents or assigns, shall have the express right of entry upon the property for the purposes of establishing compliance to the conditions stated herein. 27. Upon completion of the project a Certificate of Compliance shall be requested. This Order shall be considered incomplete until the Certificate of Compliance is recorded. Issued By TOWN OF YA R MOU TH Conservation Commission Signatures el this Order must be signed by a majority of the Conservation Commission. On this day of 19. 9�, before me personally appeared , 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. 1, 4, t 2 1 v (, .P� i. z/,, � --v Not r Public //-. 12,?2 My co mission expires Detach on dotted tine and submit to the C ONSEtRVA I ION C(__'1MMI S,_ I ON prior to commencement of work. To TOWN OF Y RMOI_►TH CONSEFVATION COMMISSION issuing„u;rcr,ty P!ease be aCvtsed that the Crcer of Concihons for the prclect at Fde Numoer SE 8 3 —110 5 has been recorceo at the Registry of E) ` R N S T4 C ! E _ ano has Seen noted in the chain of title of the affectec prccerty in acC--rcance with General Canc:non a on If reccrceo land. the instrument numcer wnicrl iCentihes ;his transaction is If rey stereo rand. the ecz:.�nent numCer wnich ,eerr,,t:es This transac:,cn :s 19 .;-;:,,re a10 CIAM 1a.99 Farm 5 c r ;. Carnmanweellh of Massachusetts (ATKNI H22*06,11 G�7 Is f'jryLv dErr�t.ra (To a oAby awl YARMOUTH Joseph W. Butler SUPEnSED TUG Order at Conditions Massachusetts Wellallds Pratecilan Act G.L. c. 131, 540 From Deoar` ant of Env rnairtPnt-al prat-f-i_nn To Joseph W. Butler Same (Narne of Appilcant) (Name ai property owner) 24 Dartmouth Street Address Winchester, MA 01890 Address Same This order is Issued and delivered as follows: ❑ by hand delivery to applicant or representaiive art M by certified mail. return receipt requested an June 6, 1991 (date( (datal This project Is located at Lot 21, Pheasant Cove Circle, Yarmouth The property is recorded at the Registry at Deeds Barnstable Sao k 3426 Page 73 cartificate (if registered( The Notice at Intent for this project was Illed an January 18 19 91 (datel The public hearing was ciased an February 21, 1991 (datel Findings MA The Department has reviewed ilia above-raferencsd Notice of Intent and plans and has field a public hearing an Ilia project. Based an ilia iniorrtation available to the MgMar'-mPnt at this Ilrna, ilia__�P�tmeni- has determined that the area an which ilia procased work is to be dome is significant to llte (allowing fntarasts itt acccrdanca with the presumptions of Sigrnlicattcu set (atilt in lira regulations for such Area Subject to Pratectlon Under the Act (check as appropriate►: ❑ Publi.. water strppiy Flood control ❑ land containing stteU(ish Private water supply ® Storm damage praverttion ❑ ProFist alies ❑ Ground wator supply ® Prevention at pollution (IProteectioctio n of wildlife ttabllat $ 2 5 0. 0 0 Slate Share $112 5 0 — Total Fling Fee Submittal (y� !es in excnss a{ S251 C1tyfTown Share $137 . 50 Q Slate Portion 5- �— Total Rotund ❑us S 0 Clly/Tawn Portion S ('h total) (rh total) 5-1 Elective 11/101119 nisreiors. Ilse Oeva m -ti t- heraby 1111ds that ilia lailawing conditions are naeessary, in accordance with ilia perfortnatica Standards set lards lit ilia regulations. to protect those irlter eats elsecked above. The --- � a - Q r t M0' n t- orders trot all work shall be act tanned In accordance with said conditions and will, ilia t-laticu of Itllerit rateroiicad above. To the axial,( tital the lot - lowing conditions inadlfy or differ from llta plaits. spociticaiiatrs or outer proposals subrttilled with ilia Moll" at Intent, ilia condlllans snail control. Qenerai Candflions 1. Failure to comply wills all conditions slated Iherehi. and with ail related statutes and afher regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rigihls or any exclusive privileges: fl does not autlhatizo any Injury to private property or invasion of private rights. T1113 Order does not relieve (lie permilles or any outer person of Ilse necessity of cOmpfyfllg will) all olthsr applicable federal. state or locai statutes, ordinances, by-laws orregulations. d. The work aull)ortzed hereunder shad be completed within throe years tram Ilia dale of this Order unless either Oldhe following sooty: jai Ilia work is a maintenance dredging project as provided for In the Act: or (bi ' ilia time for completion has boost extended to a specilled date more than three years, but less Thar) live years, from the dais of issuarics and bath that dale and Ilia special circumstances warrartilng the extended time period are set forth In this Order. 5. Tilts Order may be extended by file issuing authority for one or more periods of up to lives years each upon appficallott to like issuing aull)orily at least 30 days prior to Ilia expiration date at ilia Order. 8. Any fill used In connection will) tills project shall be clean 1111, corilailling na trash, refuse. rubbish or de- bris. Irtciuditig but riot limited to lumber, bricks, plaster, wire, lail), paper, cardboard. pipe, tires: ashes. refrigerators. motor veilicies or parts of any of Ilse foregoing. T. No work shall be undertaken until all admirtlsttalive appeal periods from Ails Order have elapsed or,11 such an accesl has been (lied. until all proceedings before ilia Department have been completed. 9. No work sl)ail be undertaken until the Final Order has basis recorded in ilia Registry at Deeds or ilia rand Court for ilia district In which the land Is located, within Ilia cihain of 1111e of Use affected property. In the case of recorded land. Ilse Filial Order shall also be noted in Ilia flogishy's Grantor Index under ilia mina of the owner of ilia land upon which Ills proposed work is to be done. In Ilse case of registered land. Ilia Final Order shall also be noted on Ilia land Cout t Cal tfficale 011111e of ilia owner of ilia land uoan vrhich Ilia proposed work is to be done. Tile recarding Infannallon shah ba submitted to the Deoartalerlr; -ion the form at [lie and of tills Order prior to ca(nineitcetitont of 1110 work. 9. A sign shall be displayed at the site not less than two square feel or more .than three square feet In size bearing Ilia words.-Massachusetls Dapartlnant of Envkornnental Plotoction. File Number SE 83-11 05 to. Where the Department of Errvironmm,tal Ptotoction is requested to snake a detorminallan and to Issue a Superseding Order, the �.onservatfan Cotntnission shall be a party to all agency proceedings and hearings belaro the Department. t 1. uoan comoiation of ilia work described herein, lice aopli=it shad fortliwilli request In wrilirig (1121 a Cartitl=ie of Canipilance be issued stating hilt the warn liar been sattstactorfly coir,pie(ed. 12. Tile work shall conform to Isle failowuig ports and special conditions: 5.2 Issued by the Decartmept at Envircrimentaf Protection Signature 'fZ li abeth A. Koii4oheras, Chief, wetlandds� Section On tilts � day of before me personalty aooeared E Kouloheras to me known to be the person described in and who executed the foregoing instrument and achnowieaged that heisne executed the same as ,,isiner free act and deed. q % r OC My c otary Puniic ^ mtssfan expir s Tits aooncant. Ina owner. any person aggrieved by ens Suoerseoing order. any owner at land acumnq me land uom wntctt ens Preoosed wont is to as cone. or any can persons oursuant to G.L -- -MA f 10A, as naredy nontled at nosh ngnt to rsausa an adlunic Cory nsannq pursuant to G.L i:. 30A. 1 to. providing the request is mace sty, c>amtisa roam or nand delivery to me osoartmem.wat me Q s Waldfiling Is* and r-se iruummat farm as orovaso in a I a cma io.mm. warns ion on" nom me as- at tsswna at tars Suo«ssafnq Addressed fen. SEE BELOW A copy at ins section snag at ens same rime tie earn dY ordtfsd mail a nand oewery a the mnservaWan mrtimtsioa. me ttopikartt. and arty aster party. A Nogee of claim for an Adlutaatory Metnnq snag eomoty with me osoaranent's Auden for Adjudfutdry Proeeaelrigs. 310 CMA 1.o1 cat. and snag contain me tonowatq mlormanom (a1 the OE.a Ythuana3 r ai• Numosr. Hems at ens aaPgrsnt and address of lne drolets. (bj the Comolele name. &caress and taleanone mincer Of Ma party filing Ina request. and. if retuesanted by Counsel. the name and address at me AhOmeY: (el Ina names and addresses of all other parties. it known: lal a Clear and ecnctse statement at (1) me taws which are grounds Jar Ins oroeaeding. 121 me ooiecoons to Ints Suoersecinq order. inciudtnq t ceueically ins manner in wnrcra at is alleged to be inconsistent with ens 0edarameni s Weaanas Regulations 1310 C:dA 10.001 and aces not Cohtnoute to the ordtection at Ina interests identified in the Act. and (31 me relief sougnt tnrougn the aaiu- aleatory Weaning. incluotnq soeeigcagy the crlarlges desired in inn Suaersedinq Order jai a statement that a Cody W ire request ones dean sent to me aoitmtarit. Ina conservation commission and each other parry or red- resentalive at suers carry. it known. Failure to suamit am necessary tntarmanon may result in a dismtssat by me 0enarmteni of the t4odde at Clams Jar an Adtud=scry Haarinq. PLEASE REF �R T-M. TO THE ATCBED DOCUMIEENT - NOTICE OF APPEAL RIGHTS For Additional Appeal Procedures/F-ling Fee and Address prior to cammencement al worm. Cession on clotted Ili• and :moilt to the &suing Authority To Please ae advised trial me Order at Conditions lot me orolect a and Re Mumoer nos dean recorded 'at me AeglstrY of Has dean noted in me chain of tins at the stteetea orcoarry in accaroanca .pin General Coriatnan d on t9 11 recorded land. the instrument numaer wnien identifies this iransaeattn is II regtstared land. me document numaer wnictt identities this aransaCaan as Acoicanl Stgnatur.e K/DFG/jt 5'"8 5W J PLANS: Title Dated Signed and Stamped by: On Fie with: Proposed Site Plan 1/17/91 Arne H. Oiala, RPE,PLS Department of of Lot 21, Pheasant Environmental Protection Cove Circle Located in Yarmouthport, MA Special Conditions (Use additional pacer it necessary) 1. Prior to the commencement of construction, General Condition No. 8, above, must be complied with. 2. All construction must comply with the above -referenced plans and the conditions of this Order. For any proposed change in the .approved plans or in the work, the applicant shall file a new Notice of Intent or inquire, in writing, of the Department whether the change is substantial enough. to require a new Notice of Intent. No chance in plan, under this filing, is permissible without prior written approval from the Department allowing this change. 3. It is the responsibility of the applicant, owner and/or successor(s) to ensure that all conditions of this Order are complied with. The project engineer and contractors are to be provided with a copy of this Order and referenced documents before commencement of construction. 4. Members and agents of the. local Conservation Commission and the Department shall have the right to enter and inspect the property at all reasonable times to evaluate compliance with the conditions stated in this Superseding Order, and may require the submittal of any data deemed necessary by this Department for that submittal. SEE ATTACHED CONDITIONS .............................................................................................................._..........._.........._.. (Leave Soaee Blank) 5-3A i Superseding Order of Conditions for Joseph Butler, File No. SE 83-1105 Special Conditions continued: 5. A copy of this Superseding Order of Conditions and referenced plans shall be kept available on site during all phases of construction. 6. Approval of the project is contingent upon the applicant obtaining a variance from the slope breakout requirement of Title 5 of The State Environmental Code (310 CMR 15.03(7)]. The system design proposes a retaining wall to prevent effluent breakout. Copies of said variance granted by the Yarmouth Board of Health shall be forwarded to both the Wetlands Section and Division of Water Pollution Control of the Department's Southeast Regional Office, prior to the commencement of construction. 7. This Order does not relieve the applicant or any other person of the necessity of receiving any and all approvals for the project under the Town of Yarmouth by-laws and regulations. 8. Prior to the commencement of any work at the site, an erosion control barrier (a double row of staked hay bales or a siltation fence) shall be installed not less than thirty (35) feet upland from the edge of the bordering vegetated wetland as shown on the above -referenced plans. The hay bale barrier shall be properly maintained and replaced as necessary. Any accumulated sediment shall be removed or stabilized prior to removing the hay bales. 9. The erosion control barrier shall also serve to delineate the limit of work area. No activity is to take place or material to be stored or disposed of on the wetland side of the barrier. 10. Any tears, rips, breaks, or collapse of the erosion control barrier shall be repaired immediately (i.e., in no more than 24 hours). 11. The proposed foundation and dwelling shall be constructed in compliance with the requirements of the Massachusetts Uniform Building Code (780 CMR 744.0) and the Federal Emergency Management Agency as they relate to construction within the 100-year coastal flood plain (Zone A5, el. 13). 12. All roof runoff shall be directed to drywells located at least 2 facility in accordance with 310 C the edge of the wetlands. 5-5B 5 via gutters and downspouts feet from the leaching MR 15. 03 (7) , and _20 feet from J. f Special Conditions continued: 13. All disturbed or exposed soil surfaces covered in the Notice of Intent and this Order of Conditions, shall be temporarily stabilized within twenty-four (24) hours of disturbance or exposure, with hay, straw, mulch or any other protective covering and/or method approved by the U.S. Department of Agriculture Soil Conservation Service to prevent erosion from taking place. 14. All disturbed or exposed soil surfaces regulated by this Order shall be stabilized by loaming and seeding or planting. 15. Upon completion of the project, a Certificate of Compliance shall be requested in accordance with General Condition No. 11, and under the provisions of 310 CMR 10.05(9)(d). 5-6B l��ivc in c.UNSERvAT.LON COMMISSION NOTICE Notice is hereby given of the intent of: Joseph W. Butler 24 Dartmouth Street Winchester, MA To construct a single-family dwelling with an attached gara�, ravel drive, and on site septic system, on Lot #21, Pheasant Cove Circle;':. , in accordance with*plans filed with the Yarmouth Conservation Commission 91 FEB 12 ,, A 9 :49 low, 8 OLER.K &�jkE'.osUf r.n Heerinc on the above will be held in the Yazmcutlh Town Hall, Rcute 29, South Yarmouth, MA on T_'1U sday, February 21, 1991 at 7:30 p.m. JAMES H. QUIRK, JR. , C H,1N. . NET- .VAT:CN TS-Z7oN TS,v,I CF Form 5 4A DEP Fie No. SE 83 - 1105 (ro De D o, + by DEP) ' Commonwealth CIIy.TOwn YARMOUTH of Massachusetts P Jose' h W. Butler Applicant Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Town of Yarmouth Wetland Bylaw From TOWN OF YARMOUTH CONSERVATION COMMISSION To Joseph W. Butler Same (Name of Applicant) (Name of property owner) Address 24 Dartmouth St, + Wi nchc-stPr, MA Address Sarre This Order is issued and delivered as follows: 0 by hand delivery to a,-plicant or representative on (date) 21" by certified mail. return receipt requested on .2- 1 /-f fr (date) This project is located at Let 21, Pheasafit- Eev=e-r ele, M-A The property is recorded at the Reytstry of B A R N S TA S L E SOCK 3496 Pace 7-1 Certificzate (if registereC) The Notice of Intent fcr ;his :rc;ec; was filed on January 18, 1991 (date; The he=rr,c rJas c!csec cn (date) Findinc_ i. is%vr r•r Y-_7.mCu+:- !wnvvfV, J1!Cf1 (7-C 7,17, ^ _.-:-s _. C ne:., 2 ..;c ..e_nr!ng cn :"e -_se^_ ,,..."e 'nrcr,..�. a (J^ i C at ;-;s "!Me. the C� ,'•e 2 r e a '.vn;c , _ _, . :sec w c r K ;s : e ccne s sig:7:r;c ...:z) ,.w n g „:ergs:z rl ��. � set .�� ;;e rPr'.. Ga., r'$ :�.� C2.� .-pie-."..::: ::: � C:e� _:. Z:`r 77e cr ,^C* f cnecx as Cv... ."........ r'.' Vaie waver 5.•,,,:I`J .7i C:D, . ...-7 age si.er,eE :^c water succ,v Y Prever,-,= cr p .:fu:.cn Prc:ac:= c' wilc.:'e :1-= .. ?C;n no St..ie Sha-e I J;z F9 1 '17 50 C - `ee .n excess ... SZ_, r r ' Plans: Title Dated Signed and Stamped by: On File with: Proposed Site Plan_ 1/17/91' Arne H_ n�a1a Inn- Cnm office of Lot 21 Pheasant ' Cove Circle, Located prepared for: Joseph W. Butler scale: 1" = 30' SDecW Conditions (Use additional paper If necessary) This application for a permit to alter wetlands under Chapter.131, section 40, and the Town of Yarmouth Wetland By —Law, is.hereby denied for the following reason(s): The Yarmouth Conservation Commission hereby finds that the following interests of the Massachusetts Wetland Protection Act will be adversely effected by the applicants petition: A. Flood Control B. Storm Damage Prevention C. Prevention of Pollution KINDLY SEE THE FOLLOWING PAGES FOR SPECIFICS. 5-3A Page 3-B More Specifically: 1. The project as proposed is (contrary to the Flood Maps), located entirely within "Land Subject to Coastal Storm Flowage" as evidenced by the existing grade elevations provided by the applicants engineer, and shown on the site plan dated 1/17/91, stamped by Arne H. Ojala. The petition proposes to displace the flood plain hazzard area by approximately 400 cu. yards, thereby adversely effecting the interest of "Flood Control". During moderate and severe coastal storms, flood waters would be diverted (by the proposed construction), onto adjacent property, causing flood damage to existing dwellings and vegetation. 2. The project as proposed would adversely effect the interest of "Storm Damage Prevention". During moderate and severe coastal storms, flood waters would most certainly cause erosion to proposed fill, thereby causing damage to surrounding vegetation both on and off the project locus. Sedimentation from erosion would also negatively impact the brackish "Bordering Vegetated Wetland" adjacent to the proposed project. Water born ice and debris would also cause damage to the project as proposed, as well as adjacent property. 3. The proposed project would adversely effect the interest of "Prevention of Pollution". During moderate and severe coastal storms, eroded sediments from the proposed fill would contaminate flooding surface water. Sediments would become suspended within the water column, thereby significantly degrading surface water quality. The Yarmouth Conservation Commission hereby finds that the following interests of the Town of Yarmouth Wetland By -Law will be adversely effected by the applicant's petition: A. Flood Control B. Storm Damage Prevention C. Prevention of Pollution D. Wildlife & Wildlife Habitat More specifically: 1. The project as proposed is (contrary to Flood Maps), located entirely within "Land subject to Coastal Storm Flowage" as evidenced by existing grade elevations provided by the applicants engineer and shown on a site plan dated 1/17/91, stamped by Arne H. Ojala. The petition proposes to displace the floodplain hazzard area by approximately 400 cu. yards, thereby adversely effecting the interest of "Flood Control". During moderate and severe coastal storms, flood waters would be diverted (by the proposed construction) onto adjacent property causing flood damage to existing dwellings and vegetation. 2. The project as proposed would adversely effect the interest of "Storm Damage Prevention". During moderate and severe coastal storms, flood waters would most certainly cause erosion to proposed fill, thereby causing damage to surrounding vegetation both on and off the project locus. Sedimentation from erosion would also negatively impact the brackish "Bordering Vegetated Wetland" adjacent to the proposed project. Water born ice and debris would also cause damage to the project as proposed, as well as adjacent property. 3. The proposed project would adversely effect the interest of "Prevention Page 3-C of Pollution" During moderate and severe coastal storms, eroded sediments from the proposed fill would contaminate flooding surface water. Sediments would become suspended within the water column, thereby significantly degrading surface water quality. 4. The project as proposed would adversely effect the interest of "Wildlife and Wildlife Habitat". The project by design would significantly degrade "high quality edge type" wildlife habitat existing at the locus. Breeding areas, food source areas, and shelter areas would be eliminated as a result of the project. 5. The project as proposed fails to meet additional performance standards contained within the Wetland By -Law. Specifically, the project proposes to displace the flood hazard areas by more than 300 cu. yards, (400 cu. yds. proposed). The project also requires variances from the Title V septic sewage code, and the Town Of Yarmouth Board of Health by law. The Yarmouth Wetland By -Law categorically prohibits septic variances for new construction within the flood plain. Based upon the foregoing, the Yarmouth Conservation Commission hereby unanimously denies the project in its entirety. Issued T OF YARMOUTH 0vt Zev Conservation Commission L•2 a This Order must be signed by a majority On this a�% H ©, the Conservation Commission. 19 9/ , before me to me known to be the person desenbed in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Z5��� —1 Mr G6mmh�Iat t]�tne ttoueniber E. ±94J Notary Pubfiic 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 Wand 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 maul or hand delivery to tie Department within ten days f ruin the data of issuance of this Order. A copy of the request shalt at the acme time be sent by certified mail or hand delivery to the Conservation Commission and the apprx=t. A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(8). and shall contain the foaowing information: (a) the DEOE Wetlands File Number, name of the apru!cant and address of the projec': (b) the complete name, address and telephone number of the party filing the request, and, if represented by counsel, the name and address of the attorney: (c) the names and addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts which are grounds for the proceeding. (2) the objections to this Superseding Order. including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations (310 CMR 10.00) and does not contrtute to the protection of the interests identified in the Act, and (3) the relief sought through the adju- dcatory hearing, includir.:t spec;ficaiiy the changes desired in the Superseding Order; (e) a statement that a copy of the request has been sent to the applicant, the conservation commission and each other party or rep- . resentative of such party, if known. Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. Detach on dotted line and submit to the CONSERVATION COMMISSION prior to commencement of wort To TOWN OF YARMOUTH CONSERVATION COMMISSION Issuing Authorrty Phase be advised that the Order of Conditions for the project at File Number t BARNSTABLE and has been recorded at the Regis ry 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 tf registered Land. the document number which identrfies this transaction is Signature ADpi"rR 5-4A JOHN C. CRENEY, P.C. ATTORNEY -AT -LAW 86 WILLOW STREET YARMOUTH PORT, MASSACHUSETTS 0267S (SO8)362-1122 FAX (508) 362-1 125 JOHN C. CRENEY April 24, 1992 Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Re: Joseph W. Butler v. Conservation Commission Our File No. Y-1434 Ladies and Gentlemen: OF COUNSEL JAMES T. CASSIDY, JR. Enclosed is a copy of the decision of the District Court annulling the decision of the (-"onservation Commission. In accordance with my discussion with Mr. Hall, if an appeal is to be taken from this decision to the Appellate Division of the District Court Department, it must be taken by April 27. This obviously puts us tinder some pressure because the decision was not received in this office until April 23. Also enclosed is a copy of our request for rulings of law. As you can see from the decision, our request Nos. 7, 10, 11, 14, 15 and 16 were denied by the Judge. I feel that these denials were erroneous and that we may have an opportunity to reverse this decision on appeal. Whether to appeal is your decision. VTy truly yours, ohn C. Crenev Town Counsel JCC/dmh Enclosures cc: Robert C. Lawton, Jr. Executive Secretary t COMMONWEALTH OF MASSACHUSETTS a M BARNSTABLE, SS. DISTRICT COURT DEPARTMENT BARNSTABLE DIVISION NO. 9125CV00500 JOSEPH W. BUTLER ) V. ) DECISION FORREST WHITE, KATHLEEN HOWES,) FERN LeMAY, JAMES QUIRK, JR., ) ROBERT SAUNDERS, AMY ST. CYR, ) AS THEY CONSTITUTE THE CONSER-) VATION COMMISSION OF THE TOWN ) OF YARMOUTH ) This is an appeal from an order of the Defendant Conservation Commission pursuant to Massachusetts General Laws, Chapter 131, Section 40 and the local Town of Yarmouth by-law. The Defendant Conservation Commission denied the Plaintiff's request to construct a single family two bedroom house on Lot 21, Pheasant Cove Circle, Yarmouthport, Massachusetts. After hearing the parties and their witnesses, and upon con- sideration of all the evidence (including stipulated exhibits) both real and testimonial, and the reasonable inferences to be drawn there- from, I find that on January 17, 1991 the Plaintiff filed an application and plan with the Yarmouth Conservation Commission to construct a single family dwelling with an attached garage, gravelled drive, and an on - site septic system within land subject to coastal, storm flowage on Lot 21, Pheasant Cove Circle, Yarmouthport, Massachusetts. Lot 21 presently has no structure on it. Lot 21 borders a vegetated, wetland area. The Plaintiff's plan delineated the edge of said wetland area. The Plaintiff's lot ascends to an elevation between 11 and 12 feet and the plan proposed a construction of a sewage disposal system located within a 100 foot buffer zone. The proposed septic system was in accordance with State and Federal Law. The area is serviced by municipal water and approximately 50 percent of the lots abutting the wetland area have houses constructed on them. On February 21, 1991 the Defendant Commission denied the Plaintiff's proposal for the reason that the land is subject to coastal flood flowage, and since the plan proposed the use of 352 cubic yards of fill, the proposed construction would cause the displacement of greater than 300 cubic yards within the 100 year flood plan and, therefore, would not comply with Conservation Commission regulations. I further find that the FEMA map disects the lot in question. On June 6, 1991 the Department of Environmental Protection approved Plaintiff's plan and issued a superseding order. I find that the construction of the proposed homeand the use of 350 cubic yards of fill within the coastal flood plan will not increase stillwater flood levels of the ocean, as the use of said fill might in- crease stillwater flood levels in inland wetlands subject to flooding. I find that the use of such fill will not increase the potential for storm damage to abutting properties. I, therefore, find that the proposed structure will not have any dilatorious affect to the interest protected by the Town of Yarmouth by-law, and that the local regulation regarding 300 cubic yards of fill has no rationale basis in a coastal setting such as the one here involved. I, therefore, find that the order of the Conservation Commission denying the Plaintiff's notice of intent should be annulled, and that an order issue allowing the proposed construction in conformity with the superseding order of conditions issued by the Department of Environmental Protection. In Re: Plaintiff's Request for Rulings of Law: Plaintiff's Request for Rulings of Law are deemed waived in view of my finding. In Re: Defendant's Request for Rulings of Law: No. 1 allowed No. 2 allowed No. 3 allowed No. 4 allowed No. 5 allowed No. 6 allowed No. 7 denied No. 8 allowed No. 9 allowed No. 10 denied No. 11 denied No. 12 allowed No. 13 allowed No. 14 denied No. 15 denied No. 16 denied No. 17 allowed No. 18 allowed ENTERED: April 17, 1992 ct �-��-GLiLL► -4%�, Richard P. Kelleher, Presiding Justice - 3 - C. CRENEY. P.C. ,RNEY-AT-LAW PILLOW STREET i MOUTH PORT. CHUSETTS 0267S 40 362-1122 Barnstable, ss JOSEPH W. BUTLER Plaintiff, V. COMMONWEALTH OF MASSACHUSETTS FORREST WHITE ET AL, AS THEY CONSTITUTE MEMBERS OF THE CONSERVATION COMMISSION OF THE TOWN OF YARMOUTH Defendants. DISTRICT COURT DEPARTMENT BARNSTABLE DIVISION NO. 9125CV00500 REQUEST OF DEFENDANTS FOR RULINGS OF LAW Now come the Defendants and respectfully request the Court to make the following rulings of law: 1. The Commonwealth has the right to the final say on project applications decided on the basis of the interests recited in G.L. c. 131 § 40. 2. A local conservation commission has final power, however, where such local conservation commission is acting pursuant to a by-law which is consistent with G.L. c. 131 § 40, but which imposes more stringent controls then the minimum statewide standards set by G.L. c. 131 § 40. DeGrace v. Conservation Commission of Harwich, 575 N.E. 2d 373 (1991). 3. Chapter 143 of the by-laws of the Town of Yarmouth which governs wetlands, authorizes, in sec. 143-2(D) the Yarmouth Conservation Commission to adopt definitions, regulations and performance standards in addition to those set forth under G.L. c. 131 § 40, as the Yarmouth Conservation Commission may deem necessary to protect wetlands interests. VI ✓1 4. In accordance with the local by-law referred to above, the Yarmouth Conservation Commission has adopted additional definitions, regulations and performance standards effective April 1, 1990 (hereinafter referred to as the "Regulations"). 5. Sec. 2.10 of the Regulations defines the term "Land Subject to Coastal Storm Flowage" as areas that extend up -gradient or landward from the ocean and the oceans' estuaries to a point where the maximum lateral extent of flood water will theoretically terminate based upon the 100 year frequency storm. 6. The 100 year storm elevation is shown in the upper left portion of Plaintiff's plan, dated January 17, 1991, as being at elevation 12. 7. The topographical lines on that plan show elevation 12 to be within the sidelines of Pheasant Cove Circle, outside the perimeter of the lot. Because all of the lot itself lies at elevations of less than 12, all of the lot lies within the 100 year storm elevation. Accordingly, all of the lot is "Land Subject to Coastal Storm Flowage". 8. Sec. 2.10(3) of the Regulations sets forth certain performance standards which must be met for activities purposed to be undertaken on land subject to coastal storm flowage. 9. One of such performance standards provides that new buildings or structures shall not displace the relevant 100 year flood plain by more than 300 cubic yards per lot. 10. Guided by the definition set forth in G.L. c. 41 § 81L (the Subdivision Control Law), to the effect that a "lot" is an area of land with definite boudaries and one ownership, I rule, that the subject property is a lot within the meaning of the Regulations. I C. CRENEY, P.C. ORNEY-AT-LAW 11. The purposed construction upon the subject property would cause the WILLOW STREET ,RMOUTH PORT, II displacement of greater than 300 cubic yards within the 100 year flood plan. ACHUSETTS 02675 06)362-1122 L' I C. CRENEY, P.C. ,RNEY-AT-LAW VILLOW STREET WOUTH PORT. CHUSETTS 02675 ,61 362-1122 12. Another performance standard set forth in sec. 2.10(3)a requires that new septic systems must meet all Title 5 (i.e., state) and local Board of Health requirements. 13. So-called Title 5, set forth in 310 CMR 15.00 et seq. requires a minimum distance of 100 feet between a leaching facility and mean high water. 310 CMR 15.03 14. The Plaintiff's plan shows a purposed distance of 80 feet between the leaching facility and the edge of the wetland. Such plan further shows under the legend "Variances Requested" that a variance will be necessary for the purposed distance of 66 feet between the retaining wall surrounding the leaching field, and the edge of wetlands. 15. Local regulations of the Town of Yarmouth Board of health provide, in sec. 3.7, that the minimum distance between a leaching field and a water course must be 100 feet. 16. The septic system purposed by the Plaintiff would comply with neither Title 5 nor with the Town of Yarmouth Board of Health Regulations. 17. Those portions of the Regulations above referred to, relating to (i) displacement of not more than 300 cubic yards in the 100 year flood plain, and (ii) compliance with Title 5 and local Board of Health regulations, constitute more stringent controls than the minimum state wide standards set forth under G.L. c. 131 § 40. 18. The Yarmouth Conservation Commission is fully empowered under its local by-law, and the Regulations adopted pursuant thereto, to deny permission for the construction purposed by the Plaintiff. Respectfully submitted John C. Creney Town Counsel 86 Willow Street Yarmouth Port, MA 02675 362-1122 BBO No. 105000 April 7, 1992 TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH Telephone (508) 398-2231 MASSACHUSETTS 02664 TO: Dave Mason, Health Agent FROM: Bradford Hall, Conservation minItrator RE: Joseph Butler - Lot 21, Pheasant Cove Circle DATE: December 6, 1991 I have reviewed the wetland line as shown on the site plan for Joseph Butler, revised dated August 22, 1991, by Down Cape Engineering and agree with its location. The entire lot does however flood with the occurence of moderate and severe coastal storms from the Northeast quadrant. I have personally witnessed surface water, several feet deep, at the exact location of the proposed leach field. CONSERVATION COMMISSION �•• jt EXHIBIT :C.' �; �.:>: - OEPFJ.No. 1105 . (To Ds o —*w by DEP) �- =- - Commonwealth City Town YA R M OUT H i of Massachusetts Joseph W. Butler Apolicant __ Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Town of Yarmouth Wetland Bylaw From TOWN OF YARMOUTH CONSERVATION COMMISSION To Joseph W. Butler . Same (Name of Applicant) (Name of property owner) Address 24 taartrmtih St WinchastPr-MA Address Sane This Order is issued and delivered as follows: 0 by hand delivery to a::�:!icant or representative on (date) E!r by certified mail. return receipt requested on •3-p�, ry f� (date) de I This project is located at The prcrerty is recorded at the Registry of B A RN S TA B LE Eook _ ';d?J; Pace 7-1 Certificate (if registerec) The Notice of Intent for this prc;ect was' filed on January 18, 1991 (date) The 1-u!:l;c hearing ,vas closet on r 19,91(date) Findings The Town of Yermc:jth Crrc=Yvatien Ccmmis ^n --��- has re:��e:ved .e cove-retele^cecNc•:ce o; Intent anc -lans a, c: `as ! e!d a C-t! hearin on the ^r c: c s ^ �~ g c;e a e c.. ,, e !n,c:rna:icn avaiia":e !o tre COMMIEEQN C0iN1( ISSi0N at t„is tune. the has get=r-r.tnec :r.a! the area „n wnir:-, t;,e ::C=,^,sec wCrK is:o ce Ccrle is s;CnlhC3n::C the tC:;C'.vrng interes:S;n t.-,e . . ESU :::Cns C; (Z:;-niftcance set fCrt.'I In the re7,.;laticns'or each Area Unger the Ac: (cnecx as ace: c�r:ate): :y F!occ cc::cf L Priva:e water supp:v S:orm carnace prevent:cn r- F:s,er,es rcur. C Co water st;pp;y PrevensC;t Cf Fotlu::cn Prc:e ::cn c: wiic!:fe nac:W: 2g: 00 11 C::v� ic-,vr. Slare _ 1 �7 �� (� _ 'ee �n 2Xcess c::�_, S — Title Dated Signed and Stamped by: 'On File with: Proposed Site Plan of Lot 21 Pheasant ' Cove Circle, Located prepared for: Joseph W. Butler scale: 1" = 30' Soec'lal Conditions (Use additional paper if necessary) This application for a permit to alter wetlands under Chapter_131, section 40, and the Town of Yarmouth Wetland By -Law, is .hereby denied for the following reason(s): The Yarmouth Conservation Commission hereby finds that the following interests of the Massachusetts Wetland Protection Act will be adversely effected by the applicants petition: A. Flood Control B. Storm Damage Prevention C. Prevention of Pollution KINDLY SEE THE FOLLOWING PAGES FOR SPECIFICS. 5-3A OF.,YARMOUTH 8L)-,' ler, C-ormrvatlon Commission r.. This Order must be signed by a majority oh the Conservation Commission. On �/ dav of 19 9/ -- before me p� �y aAR to me Viown 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. - rb carsrri.fnn tirnM 1 r R_ Uft Notary Public My commission expires The appicant. the owner. any person aggrieved by lids Order. any owner of land abutting the Land upon which the pnopo&ed 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 Ouafrty Engineenng to issue a Superseding Order. providing the request is made by certified maul or hand derrvery to " Department within ten days from the date of issuance of this Order. A copy of the request shal at the same time be sent by certified mail or hand delivery to the Conservation Comnsission and the appricant. A Notice of Claim for an Adjudicatory Hearing shalt comply with the Department's Rules for Adjudicatory Proceedings. 310 CMR 1.01(6). and shall contain the fosowing information: (a) the DEOE Wetlands File W-mber, name of the applicant and address of the projec'; (b) the complete name, address and telephone number of the party filing the request, and, if represented by counsel, the name and address of the attorney; (c) the names and addresses ct all othef parties, it known; (d) a clear and concise statement of (1) the facts which are grounds for the proceeding. (2) the objections to this Superseding Order, including specifically the manner in which it is alleged to be inconsistent with the Departments Wetlands Regulations (310 CMR 10.00) and does not contntute to the protection of the interests identified in the Act, and (3) the relief sought through the adju- d+catory hearing, includirq speciiicaiiy the changes desired in the Superseding Order; (e) a statement that a copy of V,-e request has been sent to the applicant. the conservation commission and each other party cr rep- . resentative of such party, if known. Failure to submit all necessary inlermation may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. Detach on dotted 11n• and submti to the CONSERVATION COMMISSION prior to commencement of work. To TOWN OF YARMOUTH CONSERVATION COMMISSION -issuing Authority Please be advised that the Order of ConcObons for Mie project d Fie Number haabeenrecordedatftRegistryoBARNSTABLE r ana has been noted In the chain of title of the sHected property in accordance with General Condition 8 9 0 recorded tend, the instrument number which Identifies this transaction Is It registered land, the document number which identifies this transaction is Signature - Apptmcant 5-4A ere z In4led& 13 Iva /Z Aulfou 4w -16 C444 e 91T 41M I'll _0 Ap- SJWW'j- O."L ZA- ql S. VOW64( ev r�oa__d 7 o ci 1�101'!4 Au0--Alz 0 f- ca, ap 'r-O x 0 0 - c U. cis J7 e f e, 0-1c &rtl seoltrc W- ©i pofooe- -CoA- card f1 1"DS I 06d Chielajt�e-.�O%�� VCD e -e-ff 4�- )Y) rn arha,L rrc L'C'es-licAl scu-e-cL---caQz),/l �Slorm-j -WaArs (Ae-v-tll cow co to C, era I 1 60 'o A Cus, o&o n r, Ale- 40 4 C, aZe-C14 /Oro 6r-A 7- {1: j� J 1? eer-� d lcI(. a v ryc. • e r-41f . &clerC G0OIL 5 �cd ss /Vr-m Ste_ P rGG� 3eC/a•►Mcd�- �p r t -troy, ro j �y(�( G 9nalnLnc� 'I � i�Xi2�► '�� t' �•�e. w�s�-� � v4 e�� w�, e•�.s; .� �u l� 6 � eos�N e � use �? ��l w(AA r 's U e 'Itj r au _ll_h_��� Ua �!o-✓1 C= � rH m ids 1�+'L � e.-s VA&CA. e- cc UC!n G fc uC i �r✓► q v� G"d lb �l� •� r !r �� L ij GL[ CL✓b1 �SZ� LJ 4o Xi Dq !l?Q(mot e e, It-) cic4' / 1G �j Q �2 U rt;� \� ► l f,H �) Q Ji t l ti -i � 2dv. P �ti .OP_ Ltd l `mil �l � G b i^ cal' 1 _S irs — .—,�el _fit ce,o s Lc�iJ; I - -- '�� r --Q�S- - ,,1� ha 7- 0 ,cJ &rrZCs v r icl rw-e-6 -.Fm.,o SztAw7�)e,- or AL-- YZA- Ltd-ROMM-Wed- Ll)-O-/, 10017-c-Ito jl L"pc-,-t- --eeove i i2 _fib PO i e,,5 i I OWN NOTICE Notice 14 hem OPM-49 the intent of Joseph W. Butler 24 D"ogr sit_ Winchester, MA TO construct a single*nily dwelling with an attached ga- rage, gtavel drFva and on site septic _system, on Lot -No. 21, Pheasant Cove Circle, Yar- mouthpOK in accordance with Plans filed with the Yarmouth Conservation Commission. Hearing on the above will be held in the Yarmouth Town Hall. Route 28; South Yar. mouth-, MA on Thursday, FebnAly 21, 1991 at 7:30 p.m. JAMEg IL QUIRK, JR, T -dFYA8MOVM - F.13 0 cor��vaTIoa DANIEL S. GREENBAUM Commissioner GILBERT T. JOLY Regional Director RE: NOTIFICATION OF FILE NUMBER DATE: January 31, 1991 WETLANDS/ YARMOUTH This Department is in receipt of the following application filed in accordance with the Wetlands Protection Act (M.G.L., Chapter 131, Section 40): APPLICANT:Joseph W.Butler OWNER OF LAND:Same ADDRESS: 24 Dartmouth St. ADDRESS: Winchester, MA _ PROJECT LOCATION: Pheasant Cove Circle Lot 21 This project has been issued the following file # SE 83-1105 Although a file # is being issued, please note the following: 310 CMR 10 30, 10 32, and Land subject to coastal storm flowage No file # will be assigned to this project until the following missing information is sent to this office to complete the filing in accordance with the Act: PLEASE RETURN THIS FORM WITH REQUESTED INFORMATION. ( ) Notices of Intent ( ) Locus Maps ( ) Fee Transmittal Form ( ) Form 3 ( ) Appendix A Documentation ( ) Plans COMMENTS: ( ) Application has been forwarded to the Waterways Licensing Program to determine if a Chapter 91 License is required. - ( ) Please forward a copy of the Notice of Intent to the Army Corps of Engineers for Sec. 404 review (Call 1-800-362-4367 for information.) ( ) Project may require a Water Quality Certificate. Applicant is advised to contact the DEP Division of Water Pollution Control (1 Winter Street, Boston, MA 02108; Tel: (617) 292-5673) for forms and further information. ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT APPROVAL OF APPLICATION. DFG/sl cc: Conservation Commission ( ) DEP Water Pollution Control-ATTN: J. Perry ( ) U.S. Army Corps of Eng., Reg. Branch ( ) Building Inspector (x) Board of Health ( ) Coastal Zone Management Recycled Paper CON< R019IR CMR 10.99 310Wr . Form 3 "' '' �. Commonwealth �� ter- CEP FAD NO. (ioCapwnsoDyQEP) _= F= of Massachusetts YA RNq Q UTH City.. - Notice of Intent -- Under the Massachusetts Wetlands Protection Act, G.L. c.'131, §40 the Town of Yarmouth• Wettand Bylaw, and Applications jor a Department of the Army Permit Part 1: General Information I. Location: Street Address Pheasant Cove Circle, Yarmouthport Lot Number 21 2. Project: Type Residential Description Construction of a single-family dwelling with an attached garage, on -site septic system, and gravel drive. S. Registry: County Barnstable Current Book 3426 a Page 73 Certificate (if Registered Lznd) 4. Applicant Joseph W. Butler Tel. Address 24 Dartmouth Street, Winchester, MA ••� 5. Prc--ery Owner Same Tel. Acciress S. Recresen:ouve Down Cape Engineering, Inc. Te!,(508) 362-454I ACCress_ 939 Bain Street, Yarmouthport, MA 02675 7. a. #lave :he Consen7ucn C mmwbnbndg eDepartmentsRegional M—e eambeensemb roerdec .=- � mail or nano ovivery.2 =xs ci eorr.^kted Notice of Mtertt,with suFxam�; plans snD rac:xnerus? :- Yes Z tic) = b. Has the tee -een sut:r•.:CeV $ Yes : No - e. Total Fi my :-ee Subrn ;:ec $250.00 i d. C t�•i own Share of Fii Pes $137.50 St.-te Share tD! Flung Fee $112.5 (ser.::o C:v� � owri Ok of lee m excess of S=-. sem C ) e. is a =.:ei va-e-nar: atf__ ao :r1C:;, : �y t-:,w the aco!icar.; zztc:;:c:e= :'e tee? $ Yes .o 8. Have all obtainable permits, variances and approvals required by local by-law been obtained? Yes = No Obtained: Applied For: Not Applied For: T TITLE V Variances Building Permit . Town of Yarmouth Variances Disposal Works Permit 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c.131, § 40A or G.L. c. 130. § 105? Yes = No 10. List all plans and supporting documents submitted with this Notice of Intent. • Identifying Number -Letter Title. Date #83-067 Proposed Site Plan of Lot 21, Pheasant Cove Circle, located in Yarmouthport, MA., prepared for . Joseph W. Butler 1=17-91x,: 1 1 . Check those resource areas within which -work is proposed. (a) X ButterZcne (b) Inland. Bank* Land Subject to Flooding. = Bordering Vegetated Weiland' : = Bordering = Land Under Water Body a Waterway• = Isolated (c) Coastal: = Land Under the Ocean • = Coastal Beach• . = flamer Beach = Rocky Intertidal Shore' Land Under Salt Pond' Fish Run • aesiDnated Port Area • - rQoastal puns = Coastal Hank r : = Salt Marsh* , Land Containing Shellfish' - X Land Subject to Coastal Storm Inundation • Likely tc involve U S. Army Corps of Engineers ccncurreni iunsdiction. See Generm Instrucl:ons for Corrmr:2!-nc Notice cf Intent " 3.2 Part 11: Site Description Indicate which of the following information has been provided (on a plan, in narrative description or calcula- -tions) to clearly. completely and accurately describe existing site conditions. Identifying Number: Letter (of plan. narrative or calculations) Natural Features: ✓ #83-067 Soils Vegetation V' #83-067 Topography Open water bodies (including ponds and lakes) Flowing water bodies (including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site #R 3-067 Maximum annual ground water elevations with dates and location of test #R 3-n67 -Boundaries of resource areas checked under Part 1. item 11 above Other Man-made Features: Structures (such as buildings, piers. towers and headwalls) Drainage and flood control fa_clities at the site and immediately off the site. including culverts and open channels (with inverts). dams and dikes Subsurface sewage disposal systems - - Underground utilities - - ✓ #83-067 Roadways and parking areas = _ y - _ Property boundaries. easements and rights -of -way - Other - Part III: Work Description Indicate which of the following information has been provided (on a plan. in narrative descrrptionor catcula- tions l to clearly. completely and accurately describe work proposed within each of the resource areas +• checked in Part 1. hem 11 above. _ Identif yin2 Number Letter (of plan. narrative Or calculations) Planview and Cross Section of: #83-067 Structures (such as buildings. piers. towers and headwalls) Drainage and flood control faclities.including culverts and open channelslNtithmverts). dams and dikes #83-067 Subsurface sewage disposal systems E undergriouno'LlIaitieS- , Filling.dredging and excavatinp.indicatingvotune nd . - . = �- - -` -• • ctxrrlposition W riitlerot Compensatory storage ayeas.ut ere required in •ccordanoe witNPartltl.�etlori 10 7 ` -i:. (4) of the regutations Wildlife habitat restoration or replication areas Other Point Source Discharoe Description of characteristics of eschaige from point source (both closed am open - c!,annetl. when point of discharge tans wdh.•n resource area checxec underpart t. item t t above. as SUDporled by stancara engineering caicL•tations. data ano cans- s c4,----%y t0 not bmaec to the fotlowmg 3-4 - r 12. Is the wetland resource area to be altered by the proposed work Located on the most recent Estimated Habitat Map (if any) of rare, 'state -listed" vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES [ j NO [X$ Date printed on the Estimated Habitat Map issued NO MAP AVAILABLE [ j (ifany) 1990 If yes. have you completed an Appendix A and a Notice of Intent and filed them. along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery. so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES [ .j NO [ j i . Delineation of the drainage area contributing to the point of discharge. 2. Pre- and post -development peak run-off from the drainage area. at the point of discharge. forat least the 10-year and i 00-year frequency storm: 3. Pre- and post -development rate of infiltration contributing to the resource area checked under Part 1. item 11 above; 4. Estimated wafer quality characteristics of pre- and post -development run-off at the point of discharge. Part IV: Mitigating Measures 1.. Clearly. completely and accurately describe. with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each re- source area specified in Part 11 or Part III of the regulations: or (b) why the presumptions set forth under each resource area specified in Part 11 or Part III of the reoula- ttons do not apply. Coastal Resource Area Type. � Identifying number or oe•,er Inlano ct swport Occumen:s _ � 1 Ccas-a' Resource Area Trbe Inla�p Ider+tdyet; number or letter Of su"•7or1 OCCurnents I 3.5 2. Clearly. completely and accurately describe. with reference to supporting plans and calculations where • necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part 1. Section ID-02(1) (a) of these regulations; or b A 1 if work in the boner zone will alter such an area. all measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part 11 or _ fart III of these regulations. . Coastaib. Resource A►eaTyceBDruereDByIDO-Foot D-scretwnaryZone. Iftntar,r►ge„n,perale!!e, Dwelling to be constructed at least 102 ft. from wetland. Roof it runoff to be directed into stone swales. #83-067 Work limit line to be staked with hay bales and maintained through- out construction. Hay bales to be in place before clearing begins. Drive to be constructed of pervious material. i Lawn area to be limited to at least 66 feet from the edge of wetland. I 1 3-6 Part V: Additional Information for a Department of the Army Permit 1. COE Application No. 2. (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: Assessor's Map 132: Parcels J20, J63, R47; Jordan- Pierce, P.O. Box 1688, Springfield, MA 01101 Parcel J22; Julius Nugent, III, 57 Pheasant Cove Circle, Yarmouthport, MA 02675 4. Document other project alternatives (i.e.. other locations and: or construction methods. particularly those that would eliminate the discharge of dredged or gill material into waters or wetlands). 5. 8' i" x 11 " drawings in planview and cross-section. showing the resource area and the proposed activ- ity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal permit can be = issued. Certification maybe obtained by contacting the Division of Water Pollution Control.I Winter Street. Boston. Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program.the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public. record through issuance of a public notice. Disclosure of this information is voluntary.however.if necessary information is not provided. the application cannot be processed nor can a permit be issued. hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanyino plans. documents and supporting data are true and complete. to the best of my knowledge. Signatur of Applicant Date (Down Cape Engineering, Inc.) 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