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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 /s Js 1 /t o40 Q 1 I11 `6 Jowt Aly - �i \ 1 ' � • ar : pas �` 40 j MILL POND tl • � It K 0 • YA7gy�TM AI 3ozr ti f4 bell 3.p• !/ ' rt Ltt_ 3oz1 �. 4041 3ozz --- ------ 3023AL JL 3pz• A _ Lai — — ❑w Q JL AL %a -- .. Lli AL 30z6 0 � N31 r` U �� Nil IL3 •20 z V6! fors � '• v V-` a MILL N• 166AA,p If z '°"O rLLLCgFEiI CONOW CREEK v ' _ =T 2 Aft 20 (T! DAL) .. U 4a �N A Y ►Illy. — � - N10 GA A. 1 DID 9344000 f.• %� ? ..:• ATE,IIEb1= OCTOBER 19. 19921 ' air •-:.;°+w.L �:.q , O^ 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.