HomeMy WebLinkAbout83-1267.............................................. . ...................... . ........................................................................................................................
To TOWN OF YARMOUTH CONSERVATION COMMISSION - lssu,,q Authority
— Please be advised that the Order of Conditions for the project at
Fie Number SE 83-1267 has been recorded at the Registry of BARNS-TI-ABLE and
has been noted in the chain of title of the affected property in accordance with General Condition 8
W',
If recorded land, the instrument number which identifies this transaction is
It registered land, the document number 'v nic identifies this transaction is
Signature lt�L� -1Z1 'r' (6,I� Applicant
1-1 -4S -407 3#V
�'4m' BR-09935�-M31-3 94 HB -
BRRHSTABLE COUHTY REGISTRY OF DEEDS
Form 5 —mod j
Commonwealth
of Massachusetts
Order of Conditions
DEP Fie No. SE 83-1267
(To De prueoeci by DEP)
City Town YA R M O U T H
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Town of Yarmouth Wetland Bylaw
From TOWN OF YARMOUTH - CONSERVATION COMMISSION
To Alexander Maio Same
(Name of Applicant) (Name of property owner)
Address Two Morgan Rd-, Wilmington, MA Address Same
01887
This Order is issued and delivered as follows:
D by hand delivery to a,-plicant or representative on (date)
® by certified mail• return receipt requested on January 12, 1994 (cate)
This project is located at 22 Gleason Street, West Yarmouth, MA 02673
The property is recorded at the Registry of B A R N S T A B L E
Book4885 Pace 200
Certificate (if registerec)
The Nctice of Intent fcr t`:is prclect was filed on
December 10, 1994
The put!ic hearing was c!csed on January 6, 1994 (date)
Findincs
(date)
l ,e L,"'ri cf Yu rr, i C�,7,z=rvc i icn CCrr, 'C=icn h,as re:'ie.•�ec :he aCC:e_re!erc NC.'Ce Of
IntCrt arc!ans anc ,as ` e d a pul:.c hearing on the prc:ec:. Bases en the !nferma::cn avaiiac:= !o the
COMMISSICN at this time. the COMMISSION has de-.'^;ned:hat
the area Cn wn;cn ii e =,'CCCSeC WCrK is to oe CCne is signlf:cant to the fc'icwing interests in acccrca7ce witrl
the Presurn: I:cns of S;C^ItICanCe set fo tD in :,lie re,L'latic^s for eac;r Area Su0,?e= to "C:et'::Cn Unccr'.ne
Act (checK as accrccnate;:
P ;oii . water SLC.:y
,�
F!ccd contrci
Land ccn !ring she,lfisn
L_ Private waver sLcc:y
5
Storm camage prevention
Fisner,es
Grouno water suCpiy
54-,
Prevention of, poilutton
I
Protecccn c: wild!ife h==t
Tc:al ` iinc_ :-ee Sc,,;,,,,ec S
160.00
State S~are —tS
67.50
Cavr i own, Share S
92.50
C. _ fee
to excess ; : S2=)
Tic :al Per:.... sue S
C:
riown . c^:cr
Stare
. cr-:cn
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.
General Conditions
1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable 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 aGoeal 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 lanc ucen which the procosed work is to be done. In the case of registered land. the
Final Crce' snall aac ce noteC ni tree Land Cour, C?r+ sate of Title of the owner of ;he land ubon which
n'
the ,rCC�SeC work is to ce Co"e. The recorting ;,,'or"P.a!icn shall be suc.m,tted t0 r o i,C'MM I SS I G�,1
on the'...^- at t~e enc of :his prior to cc,,,mencement of the work.
9. A sign shall be disolaved at the site not less than two square feet or more than three square feet in size
bearing the words. "fvlassachuse::s Department of Environmental Protection,
File Number
SE 83-1267
0. Where the Deoartment of Environmental Protection is requested to make a determination and to issue
a Supersecing Orcer, the Conservation Commission snail be a party to all agency proceedings and
hearings before the Department.
11 . U;= completion of the work descr;bed herein, the apalicant shall forthwith reauest in wra;ng that a
Certi'icate of Compiiance ee issued stating that the work has been satisfactonly cor:,pietec.
Z. The work snall ccn'orm to the fclic',ving plans anc special conditions:
5-2
Ti?CC' by:
•,'Plan"ELccarpanying the
Petition of Alexander Maio
to construct—& main ain—Oo�'��3
a wood pile & timber pier
in & over the waters of Francis E. Lajoie, P.E.
Mill Creek, West Ymth.,MA
, � cc,
S�-cial Ca�cilions (uss sddiiicnsl F�'-� er it n:. .pry)
�9�1_ Com
13. The applicant shall be held responsible to advise**the contractor of al
these orders or conditions.
1, - The Conservctlion Officer shall be n0ilfled c least z-E hours prior tc
The CoriifT'iCnC�,ilcnT 01: the proposed v.,crk,. Tel.-'f 39G'22J1 Ex). 2&C.
15. These orders of conditions shah apply to any succes-sor in interest or
successor in control.
16. There shall be no dredging in connection with this project.
17. All cut up ends and debris shall be cleaned up at the end of each work
day and not allowed to enter the waterway.
18. The applicant shall be responsible for having a copy of the Orders
of Conditions on the job site at all tires. failure to do so ccufd
possibly result in a revocation of the or a fine, or both.
19. T`.e 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.
20. Upcn commletion of the project a Certificate of Compliance shall be
rem estr^. This Order shall be ccnsidered inca--lete until the
C�rtrficat� o:: C -iance is record e--�.
2i. T:.e dock has been designed for storage of water craft. Therefore, all
water craft shall be storey on top of the dock wi^.en not in use.
Issued By TOWN OF YARMOUTH Conservation Commission
This Order must be signed by a majority of the Conservation Commission.
On this I+f, day of A r'1 U 19before me
personally appeared cSm m /SS/h✓1 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.
4
Notary Public My commission expires
The apeucant, the owner• any person aggrieved by this Craer, any owner of land abutting the land upon which the oroboseo worK is to be
cone, or any ten residents of the city or town in wnicn such land is located• are hereby notified of their right to request the Department of
Env,ronmenial Protection to issue a Suoersed:ng order, provic:rg the request is made by certified mail or hand celivery to the Department,
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten nays from the pate of issuance of this
Determination. A copy of the request shall at the same time be sent by certified mail or hand celivery to the Conservation Commission
and the applicant.
Detach on dotted line and submit to the CONcE_FVA I ION COMMI SSiON prior to commencement of work.
..................................................................................................................................................................................................................
To TOWN OF YARMOUTH CONSERVATION COMMISSION ISSuingAuthcnty
Pease ce acv:sed that the Crcer of Conc:t:cns for the prC;eC' at CC
File NumS ber E 83-1267 has been reccrcec at the Registry of CAR N S TA E LE and
has been ncted in the chain of title of the aftec:ec property :n accorcance with General C,;nc:tion 8 on
If recorcee lane, the :nsirumerit numcer wn:cn identifies this transaction :s
If reg!sterec land, the dccurnent numcer wn:cn iCentities ibis transac:icn :s
iD
S,.;nature
�-I,ccnt
Commonwealth
-� of Massachusetts
DEP Flo No. SE 83-1267
(To Do vv,, o by DEP)
City Town YA R M O U T H
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Town of Yarmouth Wetland By1cvv
From TOWN OF Y/ RMOUTH- CONSERVATION COMMISSION,'
To Alexander Maio Same
(Name of Applicant) (Name of property owner)
Address Two Morgan Rd., Wilmington, MA Address
01887
This Order is issued and delivered as follows:
O by hand delivery to a--rlicant or representative on
Same
(date)
® by certified mall, return receipt requested on January 12, 1994 (cafe)
This project is located at 22 Gleason Street, West Yarmouth, MA 02673
The pre, erty is recorded at the Re-istry of BARN STABLE
Book 4885 - Pace 200
Cer;;flc.::e (If rec's:erecl
T„e ^.c of Inter;; for ;h;s;:rc;ec; vvas fi!e-c� on
December 10, 1994
The .-ut,:c hear.nc was c!csed on January 6, 1994 (date)
(ca.e)
In;_.., a. �! na . E a 2,--t.',c 7 _Zr:nc on the . .: c! =s=^_ cr' ih2 nfCr,T,c: ava;ia D,_ :J tr..e
^e. the CSC. N!'y,; �� l�l1i tics ".e.=. ,,.nec .r� a.
tre c vr,: ..., c C CS_C'.vCfK ;$ ce ....ne Is sly"„ cai—,; to :h_ . ,,,:nn_ ,.*,eres:s n ac..,,. -=ze'.v:,,,
the , ., nsof se: 'c..., ,,, :ne regula:;cns :or ea'c..Are-n Suc;ec, to . Unc=-..ne
F;cc , ,. ,.., ci
t_ p..-:Ya;e Yr'a:=r -c.-m, mace :reYentivn , F:si.er'es
FGrcunc water $ucc:y Prever, :on cf pc:iut:cn t Fr.:ecccn , ; wi;d!ife
Tc::! ..... =-�e 3u,,., S 1hn_gn State �`cr= 67-9�
S 92.50 (' _ `ee :� excess S
+
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.
General Conditions
1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permit -tee 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, inciudlnc but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrlcera;crs, motor ven,c!es cr pans of any of the foregc;ng.
7. No wcrk snail be undertaken until all acminlstrative acpeal pencds from this Order have e!acsed er, if
such an acceal has been filec, until all rrcceedrncs cefcre the Department have been comoie*ed.
8. No work snall be unceraken 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 affiected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor tncex under the name
., roe Cc .. I . ^� .vm ,'he prCCcseC wcrk is to be done. In the case cf req:siered land. the
l.t .. .. ,i� 1�`. Grp l:v
r r Title of -,.,e cw.r.er the :a"d �n V✓n;ch
on. . . s \ r v Ter, .ne worn.
..... .. .. .. ....- v
... A sign snal: be c;sz!G 'ed a- .~e Size rc, less a ai. .�,yo scuar.- feet or ,more tt G.I ..,ree Sl. ;, ,_re 'GG1 in s:�e
bear,nC the woos. ',1Gssac use-.t s DeJaimen, cf C^v!rcnrnental Prote-cnion,
Fie Numcer SE 83-1267
Where ',he n -=ent of en•al Prc• ,cri is reguesed to make a determinacn and to issue
.,,.. De�G: :, E^vircnm .� ,e�
a Suoersecing Crcer. a`C Cc,-servalicn Com-:sz:cn Small ce a par, j Io all %ee...ncs any
hea, mcs before the De;�ar,,m,ent.
Uz;cn c Tv!et:cn cf tie wcrk cesc.,,,ed herein, i e dC.-!ioant snafl forthwith recuest ;n wr;:nc 'fiat a
Cert:;,cate of, Ccm.c fiance ce issued staai g ti at toe wcrk has ceen satisfactorily c om. let
1 r1e wcr s:-,all con c,=i tc "le :fans arIC SS.. ., :.I C�
#Plan; accoirpanyi_ng the
Petition of AleNander Maio—
t0 COn�atrL'Ct�-lllc lntall�
a wood pile & timl.5er pier
in & over the waters of Francis E. Lajoi.e, P.E.
Mill Creek, [Wiest Xmth. ,M.A
cci-icCGriiF .r (li ,I CS��i r�
13. The applicant shell be held responsible to cevise''the contractor of
these orders or conditions.
1,�The COnservcticn &, Icer shell be nolihEd ci leOCi CS, hcurs_prlor
S 2^ 2E
t1Ic Ca11IME!-ICE.17E:11 Of 111E proposea .I v.,crk . el.,, .�-C L ) EY,'.
15. These orders of cCClditlons shall apply to cny cucc-es=or in interE�zi or
succE-sor in control.
16. There shall be no dredging in connection with this project.
17. A11 cut up ends and debris shall be cleaned up at the end of each work
day and not allowed to enter the waterway.
18. The appiicant shall be responsible for having a copy of the Orders
of Ccnd> tons on t.".e job site at all ti:rcs. Failure to do so ccufd
pc_�Ibl r-cuit i :are.'cc�ticn c- the C -2r, cr- a fi or LID-.
19. T:a Cc; sew .aticn Cam: issicn, its agents cr assi=-S, SI-all have t e
ex -cress riant of entry upon the property for the purposes of
establishing compliance to the conditions stated herein.
20. Cccn cc,:pletion of t' e project a Certificate of Co=lia_^ce shall be
C_c.2r be
21• T :S �Cc•''. teen C�_iG . for s tc�=ce o' :cater Cr, ft. T erefora all
:Cc �_ C_-=_ - ".--all CS store cn tcc of the dCcl-: net in use.
Issued By TOWN OF YARMOUTH Conservation Commission
SiAnature(s)
This Order must be signed by a majority of the Conservation Commission.
On this � I+h day of. A r'1 U 'A 193 before me
personally appeared —fi���m M /SS/hn to me kno,.vn 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.
Notary Public
My commission expires
The a: bucant. me cwnor, any person agcnoved by this Orcer, any owner of land abutting the land upon which the drCDgsed worK is to be
cone. or any ten resiaents of the city or town in wnicn such land is located, aro hereby noidim of their ngnt to request Ire Deo3rtment of
Environmental Protection to issue a Suoerseoing Orcer, provic:r,g the request is made by certdiea mad or hand celivery to the Deoartment,
wim ir,e apprgpnato filing fee and Fee Transmittal Form as croviced in 310 CMR 10.03M. within ten nays from ilia daze of issuance of this
Detormine:ion. A copy of the request shall at the same time oe sent by certified mad or hand eohvery to the Conservation Commission
and ;he apoixant.
De:acr on dc:ted line 3r,c sucm:t to the C0NSE5 Jf" �C'N C(—'M NII C:-;ON pricr to commencement of wcrk.
..................................................................................................................................................................................................................
Tc 7 (:M\j OF Y;,c,>;10U 7 H C0N1S= 7�!'�T101 CQN"I11.11cc10�,1
ss..:ny AuthCnly
Please ze acvisec :hat the Crcr of CcnC,:Icns fcr ;he rrC:eC: at
Fiie :Numcer --SE 83-1267 rs teon rote cea:~e ct N C T4- t-7- `E
r.c
has teen ncteq :n the train c: Mlle of the al:ec:ea ;.recerty in accorcar.ce with uanerai Cznc.ncn g on
If recc,..", lane. ,r.e insL'L.ment numcer wnicn ice.^.::Les :r3nz3...,cn .
It rey,s:erec :anc. the jCC-L rrent numcer viniCr icen;,f.es ms Vacs C::Cn is
ILI
" ^
: Czrt
YARVOUT11 CONSERVATION COIIIii•iISSIOr4
NOTICE
Notice is hereby given of the intent of:
Mr. Alexander Maio
Two Morgan Road
Wilmington, MA 01887
To construct and maintain a wood pile and timber pier at_22
Gleason Street, West Yarmouth, MA in accordance with plans fil--',
with the Yarmouth Conservation Commission.
Hearing on the above will be held in the Yarmouth To:.:n H.11,
Route 28, South Yarmouth, HA on Thursday, January 6, 1994 @ 8:15 p.m.
J.a�•IES Fi. QUIR:K, JR. CIS �IR:?.aN
CONSERVr;TION COi..-IISSION
TO'.-'iN OF YAR:•IOUTH
Commonwealth of Massachusetts
Executive Office of Environmental Affairs !
Department of
Environmental Protection
Southeast Regional Office
William F. Weld
Governor
Daniel 8. Greenbaum
Commissioner
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER YARMOUTH
DATE: December 8, 1993 (city/town)
The Department of Environmental Protection has received a Notice of Intent filed
in accordance with the Wetlands Protection Act (M.G.L. c.131, §40):
Applicant: Alexander Maio Owner: Same
Address: 2.Morgan Road Address: Same
Wilmington, MA 01887
Project Location: 22 Gleason Street
IF CHECKED, THE FOLLOWING ITEMS) APPLY TO THIS NOTICE OF INTENT:
A. X This project has been assigned the following file #: SE 83-1267
Although a file # is being issued, please note the following:
310 CMR 10 32 10 34 10 35 10.55. Land Subject to Coastal Storm Flowage.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
B. No File # will be assigned to this project until the following missing
information is sent to this office: RETURN THIS FORM WITH INFO PLEASE.
( ) copy(s) of a completed Notice of Intent (Form 3 or Form 4 of
Sect. 10.99, whichever is applicable) and a copy of the Fee
Transmittal Form, with a copy of the check for the State's share of
the Notice of Intent filing fee.
( ) copy(s) of plans, calculations, and other documentation
necessary to completely describe the proposed work and mitigating
measures to protect resource areas.
( ) copy(s) of an 82" X 11" section of the USGS map of the area.
( ) copy(s) of plans showing compliance with Title 5 of the State
Environmental Code, 310 CMR 15.00.
( ) Proof that a copy of your Notice of Intent has been mailed or hand
delivered to the Natural Heritage and Endangered Species Program.
COMMENTS:
20 Riverside Drive a Lakeville, Massachusetts 02347 a FAX (508) 947-6557 a Telephone (508) 946-2700
C. X Other Regulatory Jurisdiction
(x) Application has been forwarded to Waterways Regulatory Program to
determine if a Chapter 91 License is required.
( ) Applicant is advised to forward a copy of the Notice of Intent to
the Corps of Engineers for review (call 1-800-362-4367 for
information).
D. 401 Water Quality Certification
The project described in your Notice of Intent requires a 401 Water
Quality Certification from the Department of Environmental Protection and may
require submittal of a 401 application form. See below for further details:
( ) Based upon the information submitted in and with your Notice of
Intent a separate 401 Water Quality Certification application form
is not required. The Department of Environmental Protection has
reviewed the plans submitted by the applicant and finds that -here
is reasonable assurance that the project or activity will be
conducted in a manner that will not violate the Massachusetts
Surface Water Quality Standards, provided that:
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department;
b) the Order of Conditions does not cause the loss of more than
5,000 sq. ft. of bordering vegetated wetlands and land under
water and/or the dredging of more than 100 cubic yards of land
under water;
c) any loss of vegetated wetlands has been mitigated with a
minimum replication of 1:1; and
d) the project is not exempt from the M.G.L. c.131, S40 - the
Wetlands Protection Act; is not part of a subdivision; does not
cause the loss of any wetlands designated as Outstanding
Resource Waters; and does not cause the loss of any salt marsh.
Therefore, provided that the above conditions are satisfied, the
Final Order of Conditions will serve as the Water Quality
Certification for this project. This does not relieve the applicant
of the duty to comply with any other statutes or regulations.
( ) Before the activity described in the Notice of Intent can commence,
you must obtain a Water Quality Certification from this Regional
Office. Please complete the enclosed 401 Water Quality
Certification application form and file it with this Regional office
for review.
( ) Your project involves dredging of greater than 100 cubic yards of
material or requires a permit from the Federal Energy Regulatory
Commission for work in "waters of the Commonwealth." Please
complete the enclosed 401 Water Quality Certification application
form and file it with the Department of Environmental Protection,
Division of Water Pollution control, one Winter Street, Boston, Mk
02108. Contact the Division of Water Pollution Control at 617-292-
5655 if you have any questions.
For more information please contact: Patti Kellogg (508) 946-2812 /jt
cc: conservation Commission
( ) U.S. Army Corps of Engineers (x) Rep: Cape Environmental Associates
( ) Board of Health P.O. Box 335
( ) Building Inspector West Dennis, MA 02670-0335
( ) DEP - DWPC - ATTN: J. Perry
2
310 CMR 10.99
Form 3
DFP Fi)e Na
(10 be p:widai by DPP)
City/raven YARMOUTH
Applicant Alexander Maio
Commonwealth Department of
of Massachusetts Defense -
Cnited States
Notice of Intent of America
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
the Town of Yarmouth Wetland Bylaw, and
Application for a Department of the Army Permit
Part I: General Information
1. Location: Street Address 22 r;lAacnn StrPPt
Lot Number 1A
2. Project: Type Resi denti alpescription_; Construction and mai ntanance o
a wood pile and timber pier in aad over the waters of Mill Creek
3. Registry: County Barns tablC trrent Book 4885 6 Page 200
Certificate (if Registered Land)
4. Applicant A 1 axanriar Main Tel.
Address 2 Morgan Road, Wilminaton, MA 01887
Property5. owner A7pxandpru. •
Addressu• •_• RnAa, Wilmincltnn. MA • i :I
6. Representative Cape Environmental Associates Tel. 394-5803
Address P.O. Box 335, West Dennis, MA 02670-0335,
7. a. Have the Conservation Commission and the Department's Regional office each
been sent, by certified mail or hand deliver, 2 copies of completed Notice of
Intent, with supporting plans and documents?
Yes ® No ❑
b. Has the fee been submitted? Yes IQ No ❑
C. Total Filing Fee Submitted sin-nn
d. City/Town Share of Filing Fee q2 50 State Share of Filing Fee F7_9n
(sent to City/Torn) 0 of fee in excess of S25, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the
fee? ❑ Yes ❑ No
3-1
Effective 11/20/92
8. Have all obtainable permit-, vaziances and apprcval3 required by local by-law
been obtained?
Yes ❑ No El
obtained Applied For: Not Applied For:
_Building_ Permit
9. Is any portion of the site subject to a Wetlands estrict'on Order pursuant
to G.L. c. 131, 540A or G.L. c. 130, S105? Yes No
10. List all plans and supporting documents submitted with this Notice of
Intent.
Identifying
Number/Letter Title, Date
DM93-1 17 Plan Arr-nm= an3Aing the po} i t i,nn ry£
Al axandpr Main to rnnetrnr•+ and maintain
a wood : i 1 a and timber = i ar in and mrar. may!_
taatarc of M1 1 1 rre'k ',3 West)—yaZi Q'At11-, XA
Date: 11/.3/93
Survey: Demarest-McLellan Engineering
Structural review: Felco, Inc.
11. check those resource areas within which work is proposed:
(a) Q Buffer Zone
(b) Inland:
❑ Bank* Land Subject to Flooding
IR Bordering Vegetated Wetland* ❑ Bordering
❑ Land Under Water Body i waterway* ❑ Isolated
(c) Coastal:
Land Under the ocean* ❑ Designated Port Area*
❑ Coastal Beach* ❑ coastal Dune
❑ Barrier Beach* ❑ Coastal Bank
❑ Rocky Intertidal shore* ❑ salt Marsh*
❑ Land Under salt Pond* ❑ Land Containing shellfish*
Fish Run* XX Land Subject to Coastal Storm
Inundation
*Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction.
See General Instructions for Completing Notice of Intent.
3-2
12. Is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Map of States -Listed Rare Wetlands Wildlife (if any)
published by the Natural Heritage and Endangered species Program?
YES [ ] No [X j Date printed gn the Estimated Habitat Map
NO MAP AVAILABLE [ ] ( i f any) January 1993
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage
and Endangered Species Program via the U.S. Postal Service by certified or
priority mail (or otherwise sent it in a manner that guarantees delivery
within two days) no later than the date of the filing of this Notice of
Intent with the conservation commission and the DEP regional office?
YES [ ] NO [ ]
If yes please attach evidence of timely mailing or other delivery to the
Natural Heritage and Endangered species Program.
Part iI: Site Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately "
describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Natural Features
soils
Vegetation
nMC) �-1 1 7 _ Topography
open water bodies(including ponds and lakes)
nMa'1-117 Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies
on or within 100 feet of site
Maximum annual ground water elevations with dates and
location of test
n1401-1 17 Boundaries of resource areas checked under Part; 1, item 11
above
other
Man-made Features:
nMAl-117 Structures (such as buildings, piers, towers and
headwalls)
Drainage and flood control facilities.at: the site and
immediately off the site, including culverts and open
channels (with inverts), dams and dikes
Subsurface sewage disposal systems
Underground utilities
3-3
DD493 _ 1.14E Roadways and parking areas
nMQI-7.�.: _ Property boundaries, easgmenta and rights -of -way
other
Part III: work Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe work proposed within each of the resource areas checked in Part I,
item 11 above.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Planview and Cross Section of:
nMQ 1_1i7 Structures(such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts
and open channels(with inverts), dams and dikes
Subsurface sewage disposal systems Z underground utilities
Filling, dredging and excavating, indicating volume and
composition of material
Compensatory storage areas, where required in accordance
with Part III, Section 16.57(4) of the regulations.
Wildlife habitat restoration or repiicaticn areas
other
Point Source Discharge
Description of characteristics of discharge from point
source (both closed and open channel), when point of
discharge falls within resource area checked under Part I,
item 11 above, as supported by standard engineering
calculations, data and plans, including but not limited to
the following:
1. Detineation 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, for at least
the 10-year and 100-year frequency storm;
3. Pre- and post -development rate of infiltration contributing to the resource area checked under Part I,
item 11 above;
4. Estimated water quality characteristics of pre- and post -development run-off at the point of
dilcharge.
3-4
Part IV: Mitigating Wasures
i. Clearly, cu mletely tsd 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
resource area specified in Part II or Part III of the regulations; or
'(b) Why the presumptions set forth under each resource area specified in Part II or Part III of the
regulations do not apply.
i
❑ coastal Resource Area Type,: Identifying number:or
ZX Inland letter of support
Bordering Vegetated Wetland documents
see attached DM 93-117
ZX coastal Resource Area Type: Identifying number or
❑ Inland letter of support
Land Containing Shellfish documents
see attached DM 93-117
In
3-5
y
®X Coastal Resource Area Type: I,3enti.fying number or
❑ Inland letter of support
Fish Run documents
see attached
I
DM 93-117
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 I, Section 10.020 )(a) of these regulations; or
(b) if work in the Buffer Zone will alter such in area,,all measures and designs proposed to meet
the perfurcrar-:e et3ndardb -srablisheo for the adjacent fcsource area, specified in Part it o•
Part III of these regulations.
❑ Coastal Resource Area Type Bordered Identifying number or
E Inland By 100-Feet Discretionary Zone: letter of support
Buffer Zone documents
The pier'.s first 10 foot section.i.s located DM 93-117
in the Buffer Zone in the lawn area. There
will be no significant impacts to the Buffer
Zone by the construction or presence of the
pier.
3-6
Summary of Pier Proposal
Alexander Maio, applicant and property owner, proposes to
construct a pier at #22 Gleason Avenue, West Yarmouth to
access the waters of Mill Creek. The pier is being proposed
to end before mean low water and, as such, will not be in
water during low tide. Due to the shallow nature of Mill
Creek in the area of the Maio property, there would be no
significant increase in the water depth with an increased pier
length. Less than one foot depths extend almost into the
middle of the creek at low tide and the cost and visual
obstruction of a longer pier would not yield any real
advantages.
The purpose of the pier is to enable the Maios to access the
water during mid tides and high tides, provide an elevated
walkway through a wetland, and allow passage through an
extremely mucky intertidal area.
The applicant proposes to use a small boat that can be pulled
up by hand on to the dock at low tide. A roller is being
proposed at the end of the pier to aid in the removal of the
boat from the water.
Bordering Vegetated Wetland
A brackish marsh exists abutting Mill Creek through which the
majority of the pier will cross. The structure has been
designed to step down with the topography of the land,
maintaining a minimum 18 inch clearance to grade to allow the
growth of wetland vegetation; and a maximum 29 inch height
above grade to conform to the building code to allow fora
single railing.
The decking is proposed to be spaced 3/4" apart. All pilings
and timber are to be treated with a nonleaching wood
preservative. In addition, the pilings are proposed to be
hammer -driven to minimize turbidity and maximize friction
force.
Presently, the Maios are accessing the waterway over a path
through the wetland. The path will continue to become wider
as people step on new vegetation to keep from sinking in the
muck where the vegetation has been trodden down. An elevated
walkway will limit foot traffic to a specific four foot path
and enable surrounding vegetation to grow.
Land Containing Shellfish
A copy of the Notice of Intent application has been forwarded
to the Natural Resource Department. Due to the limited size
of the pier at the end of Mill Creek, I would anticipate no
significant impact on the shellfish population.
All timber and pilings are to be treated with a nonleaching
wood preservative. Pilings are to be hammer -driven.
Fish Run
As the structure will not extend as far as mean low water no
negative impacts on marine fisheries are anticipated.
However, if recommended by the Natural Resource Department, no
construction will occur between March 15 and June 15.
All pilings and timber are to be treated with a nonleaching
wood preservative. Pilings are to be hammer -driven.
Part V: Additional Information for a Depalrtment of the Army Permit
1. COE Application No.
(to be provided by COE)
2. Mi11 rraok
(Name of waterway)
3. Names and addresses of property owners adjoining your property:
SEE ATTACHED SHEET
4. Document other project alternatives (i.e., other locations and/or
construction methods, particularly those that would eliminate the
discharge of dredged or fill material into waters or wetlands).
5. 8h" x 11" drawings in planview and cross-section, showing the resource
area and the proposed 'activity 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 may be obtained by contacting
the Division of water Pollution control, 1 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
.:onsistent 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.
I hereby certify under the pains and penalties of perjury that the foregoing
Notice of Intent and accompanying plans, 'documents and supporting data are
true and complete, to the best of my knowledge.
signature of Appli ant Date
gnature of A licant' Representative Date
Cape Environmental Associates
FORM "Exception to ENC Form 4345 approved by NOUSACE, 6 May 1982"
NED 100 (TEST)
1 MAY 82 "This document contains a joint Department of the Army and State of
Massachusetts application for a permit to obtain permission to perform
activities in United States waters. The Office of Management and
Budget(OMB) has approved those questions required by the US Army Corps of
Engineers. OMB Number Q702-0036 and expiration date of 30 September 1983
applies". This statement will be set in 6 point type.
3-7
Abutters to Project Locus
Assessor's Map 31, Parcel N3A
Assessor's Map 31
Parcel N2 Town of Yarmouth
1146 Route 28
So. Yarmouth, MA 02664
Parcel N3 George L. Carey
24-26 Gleason Avenue
Hyannis, MA 02601
Parcel N16 Nick & Rose Pantanella
18 Geer Street
Cromwell, CT 06416
Parcel N17 Constance L. Duncan
104 Greeley Road
Belmont, MA 02178
Parcel MI Russell W. Nesbit, Jr.
Main Street Properties Company Trust
131-135 Route 28
West Yarmouth, 02673
Parcel U4 The Cove & Yarmouth Resort,
The Cove at Yarmouth Associates Limited Partners
Vacation Resort International
P.O. Box 399
Hyannis, MA 02601
.43
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Methodology for the construction of a pier at
#22 Gleason Avenue, West Yarmouth,MA
The majority of the proposed pier is to be located within a
vegetated wetland and will be constructed from the land without
the use of machinery. The holes for the pilings will be started
with a post hole digger and then hand jetted. The installer will
work within the footprint that the pier will occupy to minimize
disturbance of the vegetation.
The outermost pilings will be hammer -driven from a barge to set
them at a greater depth. The barge will approach the site only
when there is water available to float it above the substrate.