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Home My WebLink About83-2026S3--ac1?,6 Muldoon, Kerry From: stephen brennan <brennans1054@grnail.corn> Sent: Tuesday, August 11, 2015 7:27 AM To: Muldoon, Kerry Cc: deborah.wood5@comcast.net Yarmouth Consery Commission ati°� Subject: Jon Wood's Dock 11 2015 To: The Yarmouth Conservation Committee LLAUG C E► V E write in support of Jon Wood's proposed dock in Bass River I have been sailing up and down Bass River with no engine on a 19' sloop for over 30 years and have never had difficulty negotiating the bend in the river at Windmill Park nor had any trouble sailing anywhere in the river at any tide because of the presence of any piers or floats regardless of any different wind and/or current or boat traffic conditions. I have kept a dinghy tied to the fence near the stairs at Windmill Beach for accessing your Dennis - moored sailboat. ( and even had the hitch post reinstalled by the town at your request). Like myself Jon Wood is a mooring user, not a slip or dock person. He wouldn't keep anything bigger than a rowboat on any dock. Feel free to contact me should you have questions. Thank you - Stephen Brennan y " l Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2026 1 7L WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth _ City/Town A. General Information Please note: Yarmouth _ this form has 1. From: been modified Conservation Commission with added 2. This issuance is for spaceto a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. TO: Applicant: Requirements Jonathan _ Wood Important: a. First Name b. Last Name When filling out forms on c. Organization the 82A River Street computer, d. Mailing Address use only the tab key to South Yarmouth MA 02664 move your e. City/Town f. State g. Zip Code cursor - do not use the 4. Property Owner (if different from applicant): return nkey. a. First Name _ — b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 82A River Street South Yarmouth a. Street Address b. City/Town Map 82A Lot 38 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d m s d m s d. Latitude e. Longitude wpaform5.doc • rev. 11/12/2014 Page 1 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 r Y f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2026 MassDEP File # WPA Form 5 - order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a. County b. Certificate Number (if registered land) 107 53 c. Book d. Page 6/4/2015 7/16/2015 8/6/2015 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents under the Massachusetts Wetland Protection Act Only (attach additional plan or document references as needed):Please see Addendum C Plan of Land to Accompany a Notice of Intent 82A River Street in Yarmouth, Massachusetts (Barnstable County) Proposed Pier BSC Group _ Craig A. Field b. Prepared By c. Signed and Stamped by 7/1 /2015 1 " = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc • rev. 11/12/2014 Page 2 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 1 L7Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) Denied because: Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. c/y dredged f. c/y dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet s. ❑ Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft f. square feet d. square feet c. square feet e. square feet Sq ft between 100- 200 ft g. square feet h. square feet i. square feet j. square feet wpaform5.doc • rev. 11 /12/2014 Page 3 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 Y - t I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the _ Ocean a. square feet b. square feet c. c/y dredged d. c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 250 250 cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 14. ❑ Coastal Dunes _ _ cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 15. ® Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. ® Land Containing 267 267 Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ® Land Subject to 596 596 Coastal Storm a. square feet b. square feet Flowage wpaform5.doc • rev. 11/12/2014 Page 4 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) #22. If the 22 project is for the purpose of restoring or enhancing a wetland resource area 23 in addition to the square footage that has been C entered in Section B.5.c El Restoration/Enhancement '`: a. square feet of BVW ElStream Crossing(s): a. number of new stream crossings b. square feet of salt marsh Provided by MassDEP: SE83-2026 _ MassDEP File # eDEP Transaction # Yarmouth City/Town b. number of replacement stream crossings General Conditions Under Massachusetts Wetlands Protection Act (Bvw) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional 9 Y re ulator measures, shall be deemed cause to revoke or modify this Order. amount here. 2. The 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, bylaws, 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. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order maybe 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, 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. wpaform5.doc • rev. 11/12/2014 Page 5 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. No work shall be undertaken until the Order has become final and then 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 land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE83-2026 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc • rev. 11/12/2014 Page 6 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 i 1 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order (the "Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: L all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5.doc• rev. 11 /12/2014 Page 7 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 Massachusetts Department of Environmental Protection L1Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post -construction stormwater BMPs are :installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc • rev. 11/12/2014 Page 8 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): See attached Pages Special Conditions Page 10A,1013 (etc...) of 12 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc • rev. 1111212014 Page 9 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission ® that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: Yarmouth Wetland By -Law & Regulations, Chapter 143 Sec.1.09(4)(a)(1) Chapter 143 Section 1.09(4)(a)(1) & Chapter 143 Section 1.09(4)(a)(13)(c) & Sec. 1. Municipal Ordinance or Bylaw 1.09(4)(a)(13)(c) 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. Please refer to Addendum A for additional information. b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1. Municipal Ordinance or Bylaw 2. Citation I The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): wpaform5.doc • rev. 11/12/2014 Page 10 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2026, Jonathan Wood 82A River Street, South Yarmouth, MA PROJECT APPROVED UNDER THE MASSACHUSETTS WETLAND PROTECTION ACT: 21. 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 may result in the revocation of these "Orders", a fine or both. 22. The Conservation Commission, its agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. Commission members and the Conservation administrator may acquire any information, measurements photographs, observations and/or materials or may require the submittal of any data or information deemed necessary by this Commission for that evaluation. 23. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. 24. Any change in the plans or any change in construction from the proposed approved plans shall require the Applicant to file a notice of project change with this Commission via a written inquiry as to whether the change is significant enough to require filing an amendment or a new Notice of Intent. Should the project be changed without permission, or found by the Yarmouth Conservation Commission to be changed in any way from the approved plan, all work shall immediately cease until approved by the Yarmouth Conservation Commission. 25. Noncompliance with these conditions shall constitute grounds for issuing an Enforcement Order and possible fines, which may include fines not to exceed $300.00 per day/per violation. 26. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 27. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent' filing. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2026 1146 Route 28, South Yarmouth, MA WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE83-2026, Jonathan Wood 82A River Street, South Yarmouth, MA 28. There shall be no dredging in connection with this project. 29. The pilings shall be hammer driven wherever possible 30. All loose debris shall not be allowed to enter the wetland or waterways. Debris shall be picked up and disposed in a legal location daily. 31. Debris, including litter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator or in a covered dumpster. 32. The proposed pier shall be designed to allow for adequate public passage either above or below the structure between Mean high and Mean Low water lines. 33. The project shall consist of using only non -leaching types of treated lumber. CCA or creosote lumber is prohibited. 34. All shellfish within the footprint of the proposed structure shall be removed under the direction of the Natural Resource Department at the applicant's expense. 35. Washing of equipment/tools shall be done OFF -SITE or handled in a manner appropriate by the Conservation Administrator. 36. The design engineer (Massachusetts registered professional engineer or land surveyor) will certify, with a stamped as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. The as - built plan shall indicate the dwelling location, hardscape, grades, distances to the resource areas as described in the application and approved plans. Any other applicable information or deviations from the approved plan shall be identified and informed to the Commission. 37. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 38. Dumping Prohibited: There shall be no dumping man-made debris or leaves, grass clippings, brush, or other debris within the wetland or on the bank or within the buffer zone to the wetland resource area. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2026 1146 Route 28, South Yarmouth, MA (' I WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10C OF 12 SE83-2026, Jonathan Wood 82A River Street, South Yarmouth, MA 39. A copy of the Chapter 91 license from DEP Waterways shall be submitted to the Conservation Commission. 40. There shall be no vessel with any attached motor on the pier. 41. This Order of Condition is only for the approval of a pier structure and to accommodate a dinghy as proposed by the approved plan dated 7/1/2015. The use of a pier will remain fixed in perpetuity. Approved Plan Under The Massachusetts Wetland Protection Act: Plan of Land to Accompany a Notice of Intent 82A River Street in Yarmouth, Massachuuetts (Barnstable County) Proposed Pier revise date 7/1/2015, stamped by Craig A. Field, BSC Group Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2026 1146 Route 28, South Yarmouth, MA Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special S - 6 - 20 l5 condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. S This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ❑ by hand delivery on Date F. Appeals P by certified mail, return receipt requested, on Date The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CM 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc • rev. 11/12/2014 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2026 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town G. Recording Information Prior to commencement of work, this Order of Conditions must be 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 land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------------------------------------------------------------------------- To: Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 82A River Street Project Location Has been recorded at the Registry of Deeds of: Barnstable County for: Property Owner SE83-2026 MassDEP File Number Book and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 11/12/2014 Page Page 12 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 I ' 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee ` Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b. City/Town, Zip DEP File Number: Provided by DEP c. Check number d. Fee amount Important: When filling 2. Person or party making request (if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor - do City/Town State Zip Code not use the return key. Phone Number Fax Number (if applicable) r� 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): r� Name Mailing Address City/Town State Zip Code Phone Number 4. DEP File Number: B. Instructions Fax Number (if applicable) 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 wpaform5.doc • rev. 11/12/2014 Page 13 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) DEP File Number: Provided by DEP Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc • rev. 11/12/2014 Page 14 of 12 WPA FORM 5 — ORDER OF CONDITIONS SE83-2026, JONATHAN WOOD 82A RIVER STREET, SOUTH YARMOUTH, MA ADDENDUM A, Page 1 of 2 ADDENDUM A DENIED UNDER THE TOWN OF YARMOUTH WETLAND BY-LAW Project Purpose: To permit the removal of an existing boardwalk and to construct a pier with a dinghy hoist in Bass River Hearing Dates: June 18, 2015 & July 16, 2015 Reason for Denial: Project did not comply with Chapter 143 Section 1.09(4)(a)(1) and Section 1.09(4)(a)(13)(c) of the Town of Yarmouth Wetland Protection Regulations. These regulations are promulgated by the Town of Yarmouth Conservation Commission pursuant to the authority granted to it under Chapter 143, Section 2 D of the Town of Yarmouth Wetland By- law. • Chapter 143 Section 1.09(4)(a)(1) states "Piers shall be constructed to minimized the blocking of sunlight to shellfish beds and grasses. Piers should have planks running across the width with minimum spaces of approximately 3/ inches between planks, and be a maximum of four feet wide." • Chapter 143 Section 1.09(4)(a)(13)(c) states "New proposed docks, piers and flats shall not be allowed within 250 feet from a public boat ramp, public landing or public swimming beach" Reason for Denial under Chapter 143 Section 1.09(4)(a)(1): The Conservation Commission denied the project based on: • The proposed pier width cannot exceed the maximum of four feet. The Commission referenced during both hearings a recently approved project with a handicap accessible boardwalk that met the four foot requirement. • The Commission recommended and encouraged reducing the width of the pier to the required four feet. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2026 1146 Route 28, South Yarmouth, MA Addendum A Page 1 of 2 WPA FORM 5 — ORDER OF CONDITIONS SE83-2026, JONATHAN WOOD 82A RIVER STREET, SOUTH YARMOUTH, MA ADDENDUM A, Page 2 of 2 Reason for Denial under Chapter 143 Section 1.09(4)(a)(13)(c): The Conservation Commission denied the project based on: • The proposed pier was only 77.8 feet from a public beach, which was significantly less than the required amount of 250 feet from a public swimming beach. • The Commission was very concerned about allowing a pier within 77.8 feet of a public swimming beach, particularly due to the public's safety on the swimming beach and the adverse impacts to Bass River. • Expert testimony from the Town of Yarmouth Director of the Division of Natural Resources and Harbormaster, Karl von Hone concurred with the concerns of the Conservation Commission. The concerns included the proposed pier and its adverse impacts to Bass River including navigation, public safety and the potential for damage to the Resource Areas by propeller washing by future use. • The Commission received six letters of opposition to the project from residents and abutters for reasons including public safety, navigation and the concern for larger boats using the pier and its adverse impacts to Bass River. As a result of not complying with Chapter 143 Section 1.09(4)(a)(1) and Section 1.09(4)(a)(13)(c) of the Town of Yarmouth Wetland Protection Regulations, no work shall be performed on the project and this Order of Conditions shall prohibit any work or any portion thereof that is not conditioned to meet the regulations per the Town of Yarmouth Wetland Regulations. The applicant may propose an alternative project in a new Notice of Intent. The Commission recommended and encouraged the applicant to look into alternatives for accessing the water that would have fewer impacts to the Resource Area and would meet the 250 foot setback to a public swimming beach, such as a rail or dolly system. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2026 1146 Route 28, South Yarmouth, MA Addendum A Page 2 of 2 ADDENDUM B Photograph Showing Site Conditions of 82A River Street, Proposed Pier, Windmill Beach and Bass River, picture taken on 7/15/2015 O 0 3 --o rF 0 N CL 00 -0. O �77 fD �CL fD CL N <� O CD Ln v 0o fD 3 :QL 3 0o N N C� G O t h On J N N (D n cu rD 0 D CL C. m CL c _, o� Ul efft cI O r+ O t/f D O Mh N Ln N O N • i _4 ADDENDUM C Approved Plan per the Massachusetts Wetland Protection Act a € g 1 I A 1 1 1 NxNx C I I I l x ti $ > Ayo W g 2CD ��nn d kS 1 I I I CD 1 n M r g N CD h m N G m 1 OL cl C fD 3 N �1 400000 CD O. I 1 I I 1 1 10 �z v 0 0 1 z 3 A I a logt� O 1 � y � -E 7G1M 76'F2ei Y � o 1 1 I 1 1 I 1 2! 000 �d yry 00397g6. � o - zap Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 G. Recording Information Provided by MassDEP: SE83-2026 MassDEP File # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, this Order of Conditions must be 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 land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Q 0 �n W . Q) 0 d 0 C, N '� N N C n al.)�E , W oU E Q W Yarmouth Conservation Commission letach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation :ommission. Yarmouth Conservation Commission ease be advised that the Order of Conditions for the Project at: 82A River Street Project Location Has been recorded at the Registry of Deeds of: Barnstable County for: Property Owner SE83-2026 MassDEP File Number Book and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Page Bk 29070 P9229 038771 Instrument Number 108-12-201 Er of 02 2 56o If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 11/12/2014 Page 12 of 12 Project Approved under the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Denied under the Town of Yarmouth Wetland By-law, Chapter 143 MEMORANDUM RE: 82A RIVER STREET DOCK PROPOSAL - JUNE 16, 2015 To the Yarmouth Conservation Authority, Yarmouth Conservation Commission JUN 17 2015 We believe the various points and concerns outlined below are important for brlftcredVnr@fkf* IMM4uth coastline. Friendly relations and decorum in our delightful area in and around Pleasant St. and River St. adds to the value of our collective neighborhood. At the risk of jeopardizing neighborhood relations by our reluctant opposition to the proposal filed on behalf of 82A River St. we wish to remain anonymous and ask that the Conservation staff and Commission and others tasked with the protection of the coastal resources examine our concerns and where appropriate, incorporate them into the project review. We hope that this does not cause for trouble. 1. Performance Standards - The application misstates that the project meets performance standards. The proposed pier does not meet the 250 foot setback from Windmill Beach stated in The Yarmouth Bylaws and represents a danger to swimmers, boaters, and fisherman. The project description is disingenuous in suggesting that the bylaw's intent was to only include facilities with "docks, piers, and floats", and to further argue that because there is no float that the setback law does not apply. From any reasonable perspective, it specifically includes; docks, piers, and floats., individually and collectively. The clear regulatory intent is to implement protections for public areas from boat uses. The Sheehan dock facility farther up river has no float and is a dock with all regulatory concerns. It is likely that at times of high tide the "dock" may be accessed in some fashion by motor boats which is a coincident time for swimming activity in this area. 2. The dock and pier regulations item 1. specifically states "In addition, the water depth at the farthest point of the dock, and associated floats from shore shall be no less than three feet ( 3 ft.), at MLW and this depth must be available between the proposed structure and navigable channels during MLW." This language includes any dock structure with or without floats that has potential for use by vessels for the obvious reason of avoiding impacts to the bottom sediments by motorized vessels approaching with insufficient depth of water. In this case, insufficient depth will be anytime tide water invites a vessel to approach the facility. 3. The applicant, after several years of attempts to seek approval for various sundry permutations of a pier design, was met with a Waterways Committee vote of 2 opposed, two in favor, which is in effect, a failed vote in most forums. The points raised for objection here relate in part to the objections likely raised during the Waterways Committee review. 4. The applicant acquired, remarkably, a 40 ft. long float on a tethered mooring on the opposite side of the river. We are concerned that the large vessel docked at this floating facility will be ferrying back and forth from the float to the proposed dock during times of marginal navigability. This would create a dangerous situation for swimmers and boaters as well as impact the bottom. 5. The proposed pier does not reach the mean low water line by at least 30-40 feet and is useful only at mid to high tide. This will introduce the prospect of vessels sitting on the mud flats. The condition also will invite efforts to reach the dock at such times of marginal navigability during high water contrary to the 3 ft. depth of water requirement and related effects to the bottom sediments. The proposed pier creates a form of attractive environmental nuisance where a marginal benefit to the owner to have a dock and platform effectively located on the beach, leading to no -where navigable will inadvertently cause for unintended yet avoidable negative impacts such as incidental tie-ups if the "hoist" apparatus is not always used. 6. The expansive deck located within the intertidal zone is not a "water -dependent" use or structure as typically defined by DEP Waterways Regulation program. For example, a deck of such scope does not have a navigable purpose. Decks are typically found in the upland. This project is, in truth, a walkway to the beach and should be truncated near the landward boundary of the beach. The deck platform is obviously inappropriate. 7. The proposal appears as an effort to squeeze the "camel's nose into the tent" such that the applicant's long trail of efforts to construct a pier without even meeting the intent of the rules let alone the rules themselves will continue. Future proposals that are certain to arrive will simply be requests to "extend" an existing pier / dock which must meet a relaxed regulatory standard. The facility may be a difficult contraption for many users, present or future leading to use inconsistent with the proposed methods outlined in the application. 8. The proposal appears to be falling short of any form of long term practical navigational value such that it may not be appropriate to construct the facility seaward of the high water line. The deck platform, commonly referred to somewhat cynically as a "party platter" has no place in the resource area under current regulatory interpretation. 9. Additional performance standard interests such as storm damage prevention come into play with regard to impacts to the intertidal coastal beach by the inappropriate platform. The over -built facility w/ large platform as an unnecessary feature in the coastal resource has potential to become storm wreckage. Thank you for your consideration of our concerns. June 19. 201 To-,-.-n of Yarmouth Consere,atiou Commission 1146 Rte. °_'8 o. Yarmouth, N,1A 02664 Re: 82A .River fit. REYarmCoEc suthjov atio,mmis �" JUN 18 2415 C� �Q MN name is Robert Churchill. I represent m1 self and Cour uthcr 0M,11crY Of 86 Ri- er St. ilass River. directly abutting Tar. Wood's property to the S01.11h. l by e beet) directed b-, this group to voice concerns related to Dr. Wood's proposal fir a ding' dock on his property. As direct abutters. xve are not in la\,or ofthi-, project i6r the follo-wing reasons: This proposal, although minimal. ne\ erthcless ti ioiate-, current reLulations with regard to the proximity of such structures to public beaches:. There is no guarantee that a future owner or w,--, ters of Dr. NN"ood's property could not attempt to increase the size of the proposed structure ,%hi€:h -,Nould increase navigation and safety issuer €o public and private interest: on an already, overused -, aterwa-y. Ifthe commission votes to approve this prcljec:t we respectfully request that it be conditioned it as it has been presented. as a dinaN dock ONLY with no possibility of future expansion or dredging. Thank.,: u for our consider tion in this rrtatter -4 14 Cedar Street South Yarmouth, MA 02664 July 12, 2015 Ms. Kerry Muldoon, Administrator Yarmouth Conversation Commission 1146 Route 28 South Yarmouth, MA 02664-4492 Dear Ms. Muldoon, Ya'o? °�'th °'Ss,O� Matto 17 RFC ors F� V Fp My family and I have been spending summers on the Cape since 1965.On and off during those years, I have sailed the Bass River. I was lucky to have received a mooring spot near Windmill Beach in 1986. I am writing this letter at the request of Dr. Jonathan Wood. I have been acquainted with him for several years and he and I share a love and nostalgia for historic boats. In fact, our mooring spots are so close, we have had conversations with each of us standing on the deck of our respective boats. Since the time I have known Jon, i have seen his numerous health issues impact his ability to continue his hobby. Dr. Wood is requesting a handicapped dock to tie up his dinghy to facilitate him reaching his mooring spot independently. In our conversations, Jon has proudly discussed his preference for having his boat moored in the river. He indicated to me that it is his wish is to keep his boat moored along the Bass River. It is my understanding that he desires to have easier river access by tying up a dinghy to a dock. I have seen many different types of boats (yachts, small motor boats, pontoons, sailboats and kayaks) navigate the area of river near the windmill on crowded summer days. In all that time, I have never witnessed an accident that involved two boats (or a dinghy and a boat), nor have I seen an accident that involved a boat and a swimmer. Yesterday, as my son and I were preparing to row over to our sailboat, Dr. Wood approached us. I was disheartened to see that he now requires a walker to ambulate. It is my wish that Dr. Wood should continue to independently enjoy his river cruising/ocean runs. I am asking that the town accommodate Dr. Wood in order to allow him to continue to enjoy boating on the waters surrounding his home. Sincerely, Richard G. Ayoub Yar�o4th CO m`CSS onVdt'on c�I� July 9, 2015 JV� 14 2�, s R� To Whom It May Concern �C I am writing in support of a handicap accessible pier for Jon and De od in Bass River. I have been a member of the Bass River Yacht Club since 1974. 1 have owned many sail boats and motor boats and had them in the river. I am not naive. Yes, that is a difficult section of the river to navigate. 1 have sailed Beetle Cats, Knock Abouts, Wianno Seniors and Flying Scots through that section with no engines. That said, I cannot imagine that the Woods would knowingly obstruct what would remain a reasonable passage through that area of the river for power and sail boats. Jon Wood is a long time sailor and knows Bass River as well as any person I know. I have known both he and Debbie for more than 40 years. Debbie is a person of the highest integrity. We, as responsible citizens, have the requirement put upon us to allow for accommodations for others. 1 have been blessed with mobility. If this were me I would ask the same. This is not an entitlement, but an accommodation. I am sure that you would do the same. I am happy to be reached for further questions or comments. Best, Carl Carl Freeman Gustafson Cape Cod Psychological Testing, Inc. 1074 Main Street, W. Barnstable, MA 02668 (508) 362-1180 Fax: 362-7048 email: Dr.Gustafson@comcast.net. Muldoon. Kerry From: Geoff Blum <ggblum@gmail.com> Sent: Tuesday, July 14, 2015 11:55 AM To: Muldoon, Kerry Subject: Re: 82A River St. July 14, 2015 Town of Yarmouth Conservation Commission c/o Kerry Muldoon, Conservation Administrator Re: 82A River St. Dear Ms. Muldoon, Yarrnout cOMM ssionvario� JUL 14 2015 RECEIVE I My name is Geoffrey Blum and I am one of the five owners of 86 River St., Bass River directly abutting Dr. Woods's property to the South. First off I would like to confirm that Robert Churchill in his July 18, 2015 letter to the commission was indeed representing my concern relating to Dr. Wood's proposal for a dingy dock on his property. In particular this proposal violates current regulations with regard to the proximity of such structures to public beaches. In addition, the location of the proposed dingy dock is at a point in the river that is already too narrow and difficult to navigate for existing traffic. Any reduction or perceived reduction in navigation would be a detriment to the flow of traffic in the river. Respectfully submitted, Geoff Blum 30 School Street Tilton, NH 03276 781-249-4475 g b�(&mnail.coin 6-7TZ, Jf tc) t Muldoon, Kerry From: Terry Winslow <terry.winslow2@verizon.net> Sent: Tuesday, July 14, 2015 5:05 PM To: Muldoon, Kerry Cc: Robert Churchill; 'Martha Gilmore'; cajepratt@comcast.net; 'Geoff Blum'; 'John Clark & Carolyn Pratt' Subject: Proposal for 82a River Street to construct a pile suppgrted pier Ya'mo ,th C TO: Yarmouth Conservation Commission Co�""'Ss o,Vation Attn: Kerry Muldoon, Conservation Commissioner f(Jt 1 R 4 ?�15 FROM: Walter T. Winslow C F� Viet) SUBJECT: Opposition to proposal for 82A River to construct a pile supported pier Q My parents bought the property at 77 River Street since 1950, and by then my siblings and cousins had already spent several years playing on the meadow and swimming at the beach that abuts 82 River Street. Miss Whittaker then owned that property as well as the house at 87 River Street. In 1976, when Miss Whittaker decided to sell her house, my family and four other neighbors formed an association "to use, maintain and enjoy" the meadow and beach, and the founders' desire to limit new development along the river is reflected in a provision saying that no structure or other addition to the property could be made without unanimous consent by all association members. I knew Dr. Wood (Jon) back in those early days, and Miss Whittaker had my wife and me to tea to welcome Jon and Debby when they returned to 82A River Street. I have not seen him often over the years, but I consider him a friend and have great respect for him, including a respect for his devotion to the river. It pains me to do so, but I feel I must oppose his proposed pier as a threat to the community's use of the river. The June 15 memo to the Conservation Commission by Ms. Lawrence and Mr. von Hone refers to a lengthy list of potential adverse effects on navigation, and although I lack the expertise to assess their likelihood and impact, I must say that as one who has used the abutting beach since I was about six, the underlying facts (e.g., proximity to a channel bend) are correct, and the risks are of considerable concern to me. While the direct risks posed by the existence of the proposed pier are troublesome, my most serious concerns do not relate to effects of the pier while the Woods owns the house at 82A River (and are the sole owners of the pier). Rather, I fear what the existence of the pier will lead to when the pier is owned by someone else. This is an issue that must be taken seriously and cannot be avoided now as being too far in the future. After all, Jon has unsuccessfully tried to sell his house in the last few years, and he owns a house almost next door. When Jon sells the house, the purchaser may well want a more substantial pier. After all such a pier could handle a larger boat, and even if the buyer is not a sailor, a longer pier would provide fun for swimmers and would greatly add to the value of the house. With a new owner, the existence of the currently proposed pier would, as I understand it, make it easier to get approval for a larger a pier. And even if the purchaser could not make the pier bigger, there is a real risk that he/she would use it to moor a boat far larger than Jon's dinghy. I would very much like to facilitate Jon's access to his boat, but I cannot support a proposal that would immediately create/contribute to some navigation risks and would open the door for more extensive development that would in my view threaten the community's navigation most precious asset — Bass River. Could he use rails to get his dinghy down to the water? I don't know, but I hope that some form of access can be found that does not threaten the river. 1 I apologize for making this submission only two days before the Thursday meeting, and I hope it is of some use. Respectfully submitted, Walter ("Terry") Winslow 4. Dear Yarmouth Conservation Committee, Yarmouth C 0 °mMiSSSon�ation JtIL 14 2015 RECE�� FD July 10, 2015 I am writing this letter in support of Jonathan Wood obtaining a dock permit at his residence. I am a Yarmouth resident and tax payer of over 25 years, as well as a Bass River mooring holder of 20 years. I have kept my dingy at the Windmill beach during this entire 20 year period and have not had any issues with swimmers or other boats. I have known Jonathan during this entire 20 year period and have found him to be of the highest character and integrity. He has indicated to me that the dock is to have non -motorized vessels which I do not think would have any effects on activities at Windmill Beach. If I can be of any further assistance with this please let me know. Michael A Laub Yarmouth Resident Bass River Mooring Holder Muldoon, Ker From: bayou145 <bayou145@yahoo.com> Yar Sent: Tuesday, July 14, 2015 4:18 PM CO To: Muldoon, Kerry co"'�ss'On�at.on Subject: Mooring, Jonathan Wood ./(�� 1 Attachments: Letter to Jon Wood about dock.docx 4 2�,S Dear Ms. Muldoon, �` Q Attached is a letter I wrote in favor of Jon Wood receiving permission to build a dock for his dinghy. He has a copy, but I also wanted to send you a copy via email. Thank you, Richard Ayoub 14 Cedar Street South Yarmouth, MA 02664 1 Muldoon, Kerry From: Geoff Blum <ggblum@gmail.com> Sent: Tuesday, July 14, 2015 11:55 AM To: Muldoon, Kerry Subject: Re: 82A River St. July 14, 2015 Town of Yarmouth Conservation Commission c/o Kerry Muldoon, Conservation Administrator Re: 82A River St. Dear Ms. Muldoon, o4th C°mm Ss 0 0 JUC l4 20 RFC c ,s V O My name is Geoffrey Blum and I am one of the five owners of 86 River St., Bass River directly abutting Dr. Woods's property to the South. First off I would like to confirm that Robert Churchill in his July 18, 2015 letter to the commission was indeed representing my concern relating to Dr. Wood's proposal for a dingy dock on his property. In particular this proposal violates current regulations with regard to the proximity of such structures to public beaches. In addition, the location of the proposed dingy dock is at a point in the river that is already too narrow and difficult to navigate for existing traffic. Any reduction or perceived reduction in navigation would be a detriment to the flow of traffic in the river. Respectfully submitted, Geoff Blum 30 School Street Tilton, NH 03276 781-249-4475 blum(& ginail. com 1 Muldoon, Kerry From: margilmore@comcast.net Sent: Tuesday, July 14, 2015 8:27 PM To: Muldoon, Kerry Subject: Opposition --Wood Dock Application To: Kerry Muldoon, Conservation Administrator y Town of Yarmouth Conservation Commission a`�'�4t oh From: Martha Gilmore SS'On 750 Willow Street, South Yarmouth JUG 15? Member, Meadow Association �� 4915 Re: Wood Dock Application VFO Ms. Muldoon-- object to Mr. Wood's application for a dock. I am one of co -owners of the adjacent property. believe strongly that a dock will have a negative impact on our property in several ways. First of all, it will quite simply spoil the view of the river which was treasured by my parents (part of the original Meadow Association) is enjoyed by myself and my children. Adding a dock of any size or type will introduce boat noise, fumes and oils into the water. My family enjoys swimming in the Bass River and having boats in such close proximity to our beach will be hazardous. I entreat the Conservation Commission to deny this request. Thank you for your consideration. Martha Gilmore Town of Yarmouth Conservation Commission C/O Kerry Muldoon, Conservation Administrator 1146 Rte. 28 So. Yarmouth, MA 02664 Re: Wood Application, 82A River St. Although I have been a friend of Dr. Wood for most of my life, nevertheless, as an abuttor I feel compelled to express my concerns and opposition to his proposal to construct a pile supported pier at 82A River St. for the following reasons: The proposed structure is in violation of current regulations regarding distance from public beaches. Additionally, as one who has been actively boating on Bass River for over 60 years, I feel qualified to share my opinion about the difficult conditions that exist in that portion of the River which a new structure will only exacerbate. As an example, this past Sunday, my wife and I were sailing our Beetle Cat in the Windmill Beach area in a typical 20 knot southwest breeze with an outgoing current. As we tacked back and forth headed south, we encountered multiple power boats going in both directions, kayakers, and swimmers at windmill beach. To say that it was a challenge to navigate this area is an understatement. The proximity of the existing aids to navigation (buoys) to the shore on the Yarmouth side combined with the ever-increasing amount of boat traffic creates hazards that will be significantly magnified if an additional structure of any kind were built along that portion of the shore. At your last meeting, one of the Engineers representing Dr. Wood stated that there is "plenty of room" to the east of the navigation buoys thus providing ample room for boat traffic. The reality is that the area described is populated by a number of Town of Dennis moorings with boats on them and is not an area where boaters can safely navigate. As I mentioned in previous correspondence, I share the concerns of others that if this structure is approved, current or future owners will undoubtedly be back before you seeking to expand and then tie up boats of unregulated size on its seaward side increasing the challenges already faced by the public as they boat on the River. I recommend that Committee members visit the Windmill beach area during mid to late afternoon hours on a weekend day and observe first-hand the conditions described above. Respectfully, Robert Churchill, Jr. 44 River St. Bass River, MA 02664 Ya��oUth Town of Yarmouth Conservation Commission comet ssio ''at'on c/o Kerry Muldoon, Conservation Administrator 1 146 Rte. 28 So. Yarmouth, MA 02664 /�/"Jlk 16 ��,,, Re: Wood Application for a Dinghy Dock, 82A River St. C e V FQ As an abutter to 82A River Street along the River, I write as a co-owner of the a J t meadow property, 86 River Street, member of the Stonehedge Meadow Association. While our Meadow Association has expressed its concerns re the proposed dock at 82A River Street, I am compelled to write as an individual to emphasize my personal feelings and to reinforce the unanimity of our Meadow Association's feelings. Simply stated: 1. The proposed structure is in violation of current regulations regarding construction distance from public beaches. 2. The proposed dock is threat to navigation and public safety 3. Once constructed, the dock can be expanded and extended into the River with less difficulty than exists with this initial attempt to seek exception to existing regulations. What I term "dock creep" over time is a real entity as locally evidenced by a neighboring dock whose owner sought and was granted an exception to the regulation regarding construction distance from public beaches. That dock was built with mention of a maximum boat size on the dock. A larger boat is now present on that dock. While co-owner of the Meadow Property, I am also an abutting homeowner of 78 River Street that has known Jon Wood and his family since 1969. Jon Wood is a friend, a wonderful neighbor, a sailing mentor to me and many others, and a respected historian of Bass River. Given our history as friends and neighbors, I write this note only with great sadness that is tempered only by the memory of a recent phone conversation with Jon where he confessed that he would likely be taking the same position as the Meadow Association if our positions were reversed. I encourage the Conservation Commission to respect the conclusions of Karl Von Hone and to reject the Wood Application for a Dinghy Dock. In these complicated times of potentially conflicting reports as to the safety and environmental and social impact of the proposed dock, it may be best to recall two simple statements: 1. That the proposed structure is in violation of current regulations regarding construction distance from public beaches 2. The words of Nancy Reagan, Former First Lady, "Just say no!" I thank you for your time and consideration. Respectfully submitted, moot ° CIO r7l j S S'i v a t i 0 r 7 JUN 18 2015 EC JveD 'IIIIQie L) Re: 82A River St. ,M-, name is Robert Churchill. I represent mvszif and four other ownirs of 86 River 'S 'I. Bass River, directiv abuttino Dr. Wood'--, i1ropert-, to the SOU111. I have been directed 1.1-,, this :Lroup to N o1ce concerns related to Dr. Wood's Proposal for a djm,:,,.v clock on his property. As direct abutters. we are; not in fa-vczir oi* this project for the fiollowing-, reasons: TIiis proposal. alLhough minimal. neN crilieless violates current regulations Nvith regard to the proxirnii\� of such structures to public beaches. There is no eti-aramee that a fuiuri: ow-ner or owners ol'Dr- Wood's property could not attempt To increase the size of the proposed structure �M,,ich -,Nciujd increase navigation and sat'etv ISISUCS 10 public and private interest., on an already oerased waterway. If the commission votes, to approve this prqject -,,\e respeetWIly request that it be conditioncd it as it has been presented. as a dingy dock ONLY Nvith no possibility of future e\paiislon or dredging. Thank.. )u for our consideration in this matter lur- till. - r. m o LU >c r O > c ,tn c.0 o � � �o J V i W E m r d N O L 7 G s ° O 2- -Y I d v G o�� U+ 7 7 L 4 /� ;�l BSC GPOUP May 22, 2015 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02670 Attn: Kerry Muldoon, Conservation Agent RE: Notice of Intent Application, Removal of Existing Boardwalk, Construction of a Pier with Dinghy Hoist, 82A River Street, South Yarmouth, Massachusetts, BSC Job #49863.00 Dear Ms. Muldoon and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) application on behalf of our client, John Wood, for the property located at 82A River Street in South Yarmouth (the Site). The proposed project at the site involves the removal of an existing boardwalk and the construction of a pier with a dinghy hoist into the waters of the Bass River. For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. Enclosed please find the Notice of Intent application and accompanying materials. If you have any questions or require additional information, please contact me at (508) 778 - 8919. Sincerely, BSC GROUP, INC. Matthew Cre' ton, PWS Associate/Wetland Scientist cc: Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Division of Marine Fisheries, Southeast Marine Fisheries Station, 1213 Purchase Street, 3rd Floor, New Bedford, MA 02740. Attn: Environmental Reviewer 349 Main Street (Route A, Unit D West Yarmouth MA o2673 Tel: 508-778-89i9 800-288-8123 Fax: 508-778-8966 www.bscgroup.com Engineers Environmental Scientists GIS Consultants landscape Architects Planners Surveyors John Wood, 82A River Street, South Yarmouth, MA 02664 TABLE OF CONTENTS Item Attachment Notice of Intent Form 1 Filing Fee Information 2 Town of Yarmouth NOI Checklist 3 Project Description 4 USGS Site Locus Map 5 FEMA Maps 6 NHESP Priority & Estimated Habitat Map 7 Shellfish Survey 8 Shellfish Maps 9 Photographs 10 Abutter Information 11 Site Plans 12 Massachusetts Department of Environmental Protection Provided by MassDEP: �-- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown Important: A. General Information When filling out forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 82A South Yarmouth 02664 cursor - do not use the return a. Street Address b. City/Town c. Zip Code key. 41.655 32 -70.196234 a Laand Longitude: d. Latit a e. Longitude t9 43 'titu 38 f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: Jonathan Wood a. First Name b. Last Name Note: Before c. Organization completing this form 82A River Street consult your local d. Street Address Conservation South Yarmouth MA 02664 Commission e. City/Town f. State g. Zip Code regarding any municipal bylaw or ordinance. h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Matthew Creighton a. First Name b. Last Name BSC Group, Inc. c. Company 349 Route 28, Unit D d. Street Address W. Yarmouth MA 02673 e. Cityrrown f. State g. Zip Code 508-778-8919 508-778-8966 mcreighton@bscgroup.com h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $360.00 $235.50 $260.50 a. Total Fee Paid b. State Fee Paid c. Cityrrown Fee Paid wpaform3.doc • rev. 11/24/2014 Page 1 of 9 Massachusetts Department of Environmental Protection ��-- Bureau of Resource Protection - Wetlands (� WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information (continued) 6. General Project Description: Y Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Cityrrown Removal of an existing boardwalk and construction of a pier with a dinghy hoist into the waters of the Bass River. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Other 2. ❑ Residential Subdivision 4. ® Dock/Pier 6. ❑ Coastal engineering Structure 8. ❑ Transportation 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County 107 c. Book b. Certificate # (if registered land) 53 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 11/24/2014 Page 2 of 9 Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands ' WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cunt°d) Resource Area a. ❑ Bank For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland please attach a narrative c. ❑ Land Under explaining how Waterbodies and the resource Waterways area was delineated. Resource Area d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding Size of Proposed Alteration 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost 1. square feet Proposed Replacement (if any) 2. linear feet 2. square feet 2. square feet Proposed Replacement (if any) 2. square feet 4. cubic feet replaced 2. cubic feet of flood storage lost 3. cubic feet replaced f. ® Riverfront Area Bass River (Chapter 91 Required) 1. Name of Waterway (if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: N/A square feet 4. Proposed alteration of the Riverfront Area: N/A N/A N/A a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes ® No 6. Was the lot where the activity is proposed created prior to August 1, 1996? 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) ® Yes ❑ No wpaform3.doc • rev. 11/24/2014 Page 3 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. ❑ Land Under the Ocean with all square feet 1. s q supplementary information you 2. cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ® Coastal Beaches 250 1. square feet 2. cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. ® Coastal Banks 5 1. linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged Land Containing 267 Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged 1.2 Land Subject to 596 Coastal Storm Flowage 1. square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 11/24/2014 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 C. Other Applicable Standards and Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer.htm. a. ❑ Yes ® No NHESP 2008 b. Date of map If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section CA.C, and include requested materials with this Notice of Intent (NOI); OR complete Section CAA, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). 1c. Submit Supplemental Information for Endangered Species Review` 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work " (a) ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. " MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 11/24/2014 Page 5 of 9 Massachusetts Department of Environmental Protection ��-- Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: ' MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www mass gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street — 3rd Floor New Bedford, MA 02740-6694 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. wpaform3.doc • rev. 11/24/2014 Page 6 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: �-- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ® No. Check why the project is exempt: 1. ® Single-family house 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 11/24/2014 Page 7 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: ' ' Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberYarmouth Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown D. Additional Information (cont'd) 3. ® Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI Plan of Land to Accomoanv a Notice of Intent a. Plan Title BSC Group, Inc. Craig A. Field b. Prepared By c. Signed and Stamped by 03/16/2015 1" = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ® Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 4. State Check Number 6. Payor name on check: First Name 3. Check date 5. Check date 7. Payor name on check: Last Name wpaform3.doc • rev. 11/24/2014 Page 8 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands - --- MassDEP File Number X- WPA Form 3 — Notice of Intent - Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town F. Signatures and Submittal Requirements I hereby certify under the 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. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of plicant 2. ate 3. Signature of Property,�7ne (if different) _ — — - 4. Date 5. Signature of rep res alive i ) 6Dattee For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 11/24/2014 Page 9 of 9 lMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information Important: When filling out forms on the computer, 1. Location of Project: use only the tab key to move your 82A River Street South Yarmouth cursor - do not use the return a. Street Address b. City/Town key. $235.50 f rab c. Check number d. Fee amount 2. Applicant Mailing Address: Jonathan a. First Name _ _Wood b. Last Name c. Organization 82A River Street d. Mailing Address South Yarmouth e. City/Town h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name c. Organization d. Mailing Address e. City/Town b. Last Name MA f. State 02664 g. Zip Code f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step I/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step of Activities 3/Individual Activity Fee Category 5 - Pier within Riverfront 68_ I.f. Area _ Category 5 - Pier below MHW, RA 22 I.f. exempt) Cat. 5 - Town By -Law Fee (RA multiplier)2/I.f. *68 *1.5($204.00) Cat.5 - " " (RA exempt, below L�al Ad Fee $10.00� $4/I.f. *1.5 $4/I.f. _ Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: Step 4/Subtotal Activity Fee $408.00 $88.00 $496.00 $496.00 a. Total Fee from Step 5 $235.50 b. 1/2 Total Fee less $12.50 $260.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) noifeetf.doc -Welland Fee Transmittal Form • rev. 10/11 Page 2 of 2 JONATHAN C WOOD DMD PC 4183 188 WINTER STREET HYANNIS, MA 02601 53-716412113 01 DATA PAY �- TO RDEEROF is N . �- z . i �^t•'- DOLLARS TheCoopera&eBank 1. of Cape Cod POSITIYELY BIFFGR NT < FOR SL C" . IL, , AAL $ �'OO4i83u' +: 1i3?1641�: 9D6313645?n' PAX TO THE ORDER OF FGR PAY TO THE ORDER OF FOR JONATHAN C WOOD DMD PC 188 WINTER STREET HYANNIS, NIA 02601 - The Coi of Cage hive Bank POSITIVELY DIFFERENT Ir004 i84a' +: 2 i 137 i64 i+; 4184 53-7164.1113 Oi DATE _ G DOLLARS ` 90 FflO 75 n' JONATHAN C WOOD DMD PC 4185 188 WINTER STREET HYANNIS, MA 02601 11,111411111 Ol AMP - The Coo of Cage ifive Bank POSITIVELY DIFFERENT 0004185II' 4211371640: JONATHAN C WOOD DMD PC 188 WINTER STREET HYANNIS, MA 02601 PAY TO THE ORDER OF Af The Cooperative Bank 90�001 1 $ a 3f S7 DOLLARS_ 67571I' DATE 1'_- _ t 4182 53.7164P2113 01 $ _DOLLARS'" jr, DEPARTMENT _ OF CONSERVATION Z E, J ma, I, "-n r- "a � =- - 0 M " W- 4 Nofi" of Atent �i�/lXJ(L�L J All filings must be made on Town of Yarmouth forms. Applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. No new information may be - --- accepted into the Commissioner's packet a week before the meeting. Failure to follow the Administrative Checklist guidelines shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Contact the office if you need assistance. Sy#!njffLna an appf catie-n: ✓ 1 original application with original signatures (double sided). 6 copies of the first and second page of the Notice of Intent (double sided). 7 copies of a comprehensive and detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall document how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, / BVW delineation sheets or other supporting information. V 7 copies of the plan, folded separately, right side out with title visible and attached to each application. All plans shall reference NAVD1988 or unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. V An 100' radius map, abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list can be obtained online at http:Hgis.v sig cop2 yarmouthma/ and must be certified by the Town Assessor's office. The Assessor's office requires 7 days advance notice. V Submit the proof of mailing via Certified Mail Receipts (PS From 3800) for all abutters, DEP, Massachusetts Natural Heritage and Endangered Species Program, Massachusetts Division of Marine Fisheries, US Army Corps of Engineers or as required. Waterway's jurisdiction — Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 026644492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Revised October 2014 Page 1 of 2 Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his representative must provide the Conservation / office proof that this has been done or the filing will not be accepted. V State filing fee: separate check, Refer to Wetland Fee Transmittal Form. V/ By-law filing fee: separate check payable to "Town of Yarmouth". ✓ Legal ad fee: separate check payable to "Town of Yarmouth". One copy of application, plan, and any other supporting information shall be sent "Certified Mail" to Department of Environmental Protection Southeast Region, 20 Riverside Drive, Route 105, Lakeville, MA 02347 DEP share of the fee (refer to NOI form) shall be sent to Dept. of Environmental Protection Box 4062 Boston, MA 02211 Other Comments: • Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. • If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 026644492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Revised October 2014 Page 2 of 2 Notice of Intent 82A River Street South Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 82A River Street (the Site) involves the removal of an existing coastal bank walkover structure/boardwalk and the construction of a pier with a dinghy hoist above Mean Low Water of the Bass River. For more information, please refer to the attached Site Plans. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. 2.0 SITE DESCRIPTION The property located at 82A River Street lies within a development of single-family homes and contains a two-story single-family dwelling with associated driveway, walkway, lawn area, landscaping, patio, wooden coastal bank walkover structure/boardwalk, utilities, etc. The site is bordered by single-family homes to the north, the Judah Hill Windmill to the south, River Street and single-family homes to the west, and the Bass River to the east. The wetland resource areas and areas of conservation jurisdiction on or adjacent to the site that are protected under the Wetlands Protection Act and the Town of Yarmouth's Wetland Protection By-law include: • Land Containing Shellfish • Coastal Beaches • Coastal Bank • Riverfront Area (Ch. 91 Required) • Land Subject to Coastal Storm Flowage (Zone AE, Elev. 12.1 & Zone VE, Elev. 14.1) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Pier with Dinghy Hoist — Currently onsite is an existing 4 foot wide, 228 s.f. wooden coastal bank walkover/boardwalk structure to be removed. A proposed 526 s.f., 5 foot wide pier with 12' x 16' T end is proposed to be constructed mostly within the 228 s.f. footprint of the existing boardwalk with approximately 368 s.f. of new additional structure. The proposed structure has been widened for handicap access as the homeowner is aging and expects to be using a wheelchair in the near future. As such, this structure has been designed to hoist a dinghy onto a platform so the homeowner can enter the boat from the structure and hoist the boat and himself into the waters of the Bass River for access to his moored boat. In order to meet channel setbacks required by local Bylaw, the structure ends landward of Mean Low Water (MLW), rendering the structure unusable for a few hours of each day at low tide. The proposed fixed pier will extend 90 linear feet from the top of bank and includes a 12' x 16' dinghy platform with hoist at the end. The platform has been designed so that a wheelchair can access around the dinghy for maintenance, inspection, and to hook up/stabilize the dinghy on the structure. The proposed structure has been designed per the Massachusetts Small Docks and Piers Guidelines with a modification for handicap access to include the minimum 3/" spacing for sunlight penetration and access over the structure along the beach for lateral passage. Because there is no ramp and float proposed, and this is a dinghy dock, only the -3 feet MLW requirement has not been met. However, the homeowner already uses this beach to drag the dinghy in and out of the water. He then hauls the dinghy into the upland for storage, making the storage on the proposed structure an overall betterment by reducing impacts to the beach from daily access and reducing the use of the grass haul path. Notice of Intent 82A River Street South Yarmouth, Massachusetts The proposed structure falls approximately 77.8 feet from the Windmill Public Beach. Per the Town of Yarmouth Wetlands Bylaw 1.09 (4)(a)(13): "New proposed docks, piers and floats shall not be allowed within: (c) Two hundred fifty feet, (250 ft.), from a public boat ramp, public landing, or public swimming beach." This is a pier only project and does not contain a float. Therfore, this project does not qualify under the Town of Yarmouth Bylaw 1.09 (4)(a)(13), which as stated above, requires a float. As this structure meets all performance standards set by the Town, no variance is required for this project. 4.0 MITIGATION On site is an existing dinghy boat access haul pathway. This pathway is used each time the dinghy is used in order to keep the storage of the boat in the upland and out of areas subject to protection. By constructing the proposed pier with boat hoist, this will reduce usage of the existing pathway and dragging or rolling the dinghy across the tidal flats to access the water at low tides. Roll -off containers will be located outside of the resource area and used to remove all debris from the site. Any debris getting into the resource areas will be removed by hand as soon as possible. Upon completion of the project, the property will be landscaped and/or loamed and seeded to reestablish the existing lawn and stabilize disturbed areas, as needed. All construction will be done off -site or outside of the resource area, when possible, in order to keep sawdust out of the resource areas. The proposed pilings will be driven not jetted, when possible, and installed from a barge during high tides or from a crane in the upland access to prevent resting on Land Under the Ocean. The proposed project will meet any time of year restrictions set by permitting and review authorities. Document Path: G:IGISPg1000000014986300182A_RIVER_10CUS.mxd Date Saved: 911512014 11.36:46 AM n Yarmouth Dennis : Site Location y, 1 z s g �. p �` ��•`- f• a 1. -��'�� y' _ __q + t a�� aver.,; i. �iY��"�- —`"` _ : �`i;��;•; eta - . _Rti�t.x�� A. .ice}_£, •.,_�+' _3 ';. ;r s R; 70t 12'0"W 70t 11'30"W Scale: 1:6,000 Source: 1 in = 500 ft 82A RIVER STREET, SOUTH YARMOUTH USGS 1982-1990 0 250 500 USGS Site Locus Map BSC GROUP Feet 2 ---w-----«---- - - 2 � k 0 w 2 CL12 © k j / /§! \ § w ©! §§2 z k § r ( M*/§LL 0 \ kUwe, § }\ � L $ � a �� - -- -- � -- - — --- - °&� CLc @ w - |!�I( m k kUuJi a-!� \}) )i)) Cu E K E 2 § $atk }�|)2 ,/kb ;tl2 \\}.\CL 2Ea® �= Ea 2E T lgs; ƒ 9 G k�»f / i ��$!a ■]o§aE ea2 .■|& z o ,e a &aoa— ; !E \7) - !2E- 2§|£I Priority & Estimated Habitat Map ;IBSC GWOUP Document Path: G:IGISPg10000000149883001MXD182A_RIVER_NHESP.mxd Date Saved: 1012112014 11:37:02 AM = 2 0 'care: 1:12,000 1 inch = 1,000 feet 0 500 1,006 Feet Site Locus Legend d� Potential Vernal Pools CIE Certified Vernal Pools Priority Habitats of Rare Species Estimated Habitats of Rare Wildlife 82A RIVER STREET, SOUTH YARMOUTH NHESP Priority & Estimated Habitat Map Source: USGS 2008-2009 FEMA 1997 ESRI World Imagery ESRI World Topo �% BSC GROUP 2 0 er Shellfish Survey 82A River Street S. Yarmouth, Massachusetts SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On November 11, 2014, Matthew Creighton, PWS, of the BSC Group (BSC) conducted a shellfish survey from the Mean High Water (MHW) line into Land Under the Ocean of the Bass River at the property located at 82A River Street in South Yarmouth (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population within and adjacent to the footprint of the proposed construction and work area. This shellfish survey accompanies the Notice of Intent application for proposed construction of a pier with a seasonal ramp and float, removal, reconstruction and extension of an existing bulkhead, and improvement dredging into the waters of the Bass River. 2.0 SITE DESCRIPTION The property located at 82A River Street in Yarmouth borders the Bass River, which is a tidal river. The site contains a single-family home with associated driveway, walkway, lawn area, landscaping, open porch, patio, wooden walkover structure, utilities, etc. The following resource areas exist at the site: • Land Under the Ocean • Land Containing Shellfish • Coastal Beaches • Salt Marsh • Coastal Bank • Riverfront Area (Ch. 91 Required) • Land Subject to Coastal Storm Flowage (Zone AE, Elev. 12.1 & Zone VE, Elev. 14.1) 3.0 SHELLFISH INVENTORY In order to evaluate the potential impacts of the proposed structures and dredging at the site, BSC conducted a shellfish survey in accordance with the requirements of the Yarmouth Wetlands Protection Bylaw. Matthew Creighton, PWS, performed this shellfish survey within the footprint and adjacent areas of the proposed pier, ramp and float, bulkhead, and dredge footprint on the morning of November 11, 2014. The weather was clear and sunny, 7-10 mph winds out of the south, and temperatures in the low 50s. The survey commenced as the tide approached Mean Low Water and was completed as the tide began to rise above Mean Low Water toward Mean High Water. In order to sample for potential shellfish along the length of the property, 5 transects were conducted covering approximately 130 linear feet of shoreline as follows: Transect 1 — Located at the eastern property line. Transect 2 — Located approximately 25 feet east of Transect 1. Transect 3 — Located in front of the existing walkover structure on the locus property. Transect 4 — Located approximately 25 feet east of Transect 3. Transect 5 — Located approximately 25 feet east of Transect 4, slightly beyond the property line. Transects 1-5 contained 6 plots. Each plot was excavated to an area of approximately 3 feet by 3 feet. Each plot was excavated approximately 1 foot deep to sample for Quahogs (Mercenaria mercenaria) and Soft Shell Clams (Mya arenaria) using either a standard Clam Rake or a Quahog Shellfish Survey 82A River Street S. Yarmouth, Massachusetts Rake. Each shellfish discovered in the plot was recorded then replaced back into the plot from which it came from. The table below identifies the shellfish discovered within the plots along the 5 Transects: Table 1— Shellfish Inventory Station — Description Shellfish Substrate and Other Observations Transect 1 T1P1 —between HTL & MHW, 10' south of salt marsh None Sandy T1P2 —10' seaward of P1 None Sand T1P3 —10' seaward of P2 1 - Soft Shell Clam Sand T1P4 —10' seaward of P3, above MLW 1 - Soft Shell Clam Sandy; Some Brick T1P5 — 10' seaward of P4 None Sand T1P6 — 10' seaward of P5 1 — Quahog (Little Neck) Sand Transect 2 T2P1 — 25' east of Transect 1 None Sand T2P2 —10' seaward of P1 None Hard Sand T2P3 —10' seaward of P2 None Sandy; Some Brick T2P4 —10' seaward of P3 1 — Soft Shell Clam Stoney Sand; Some Buried Salt Marsh T2P5 —10' seaward of P4, Below MLW 2 — Quahogs (1 Cherry Stone, 1 Little Neck) Sandy T2P6 —10' seaward of P5 None 1 — Oyster Near Plot Sand Transect 3 T3P1 — At walkover structure, between HTL & MHW None Sandy T3P2 —10' seaward of P1 None Sand T3P3 —10' seaward of P2 2 — Soft Shell Clams Sandy; Buried Salt Marsh T3P4 —10' seaward of P3 None Sand T3P5 —10' seaward of P4 None Sand T31`6 —10' seaward of P5 None Sand Transect 4 T4P1 — 25'east of Transect 3 None Sand T4P2 —10' seaward of P 1 None Sand T4P3 —10' seaward of P2 None Compact Mix of Sand/Marsh; Some Fill T4P4 —10' seaward of P3 None Stone Sand; Fill Mix T4P5 —10' seaward of P4 None Sand T4P6 —10' seaward of P5 None Sand Transect 5 T5P1 — 25 east of Transect 4 None Sand T5P2 —10' seaward of P1 None Sand T5P3 — 10' seaward of P2 None Sand T5P4 —10' seaward of P3 None Sandy T5P5 — 10' seaward of P4 None I Stone Sand T5P6 —10' seaward of P5 None I Stoney Sand (Large Stone Shellfish Survey 82A River Street S. Yarmouth, Massachusetts TOTAL NUMBER OF OBSERVATION PLOTS = 30 TOTAL NUMBER OF QUAHOGS = 3 TOTAL NUMBER OF SOFT SHELL CLAM = 5 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 1(Visual; Not in Plot 4.0 TEMPORARY IMPACTS Installation of pilings for a pier would have temporary minor impacts (turbidity) on the intertidal area and Land Under the Ocean because: ■ The construction and dredging (October 15 to March 15) will miss the shellfish and fmfish spawning period. ■ The proposed work will occur during the fall/winter/early spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. In addition, there is a very minor population of shellfish limiting impacts. ■ The effects of temporary shading on the shellfish habitat will be minimal because due to the very minor population in this area, and the minimum 3/<" deck spacing. ■ Construction will be completed by use of a barge deployed as necessary to prevent damage to the shellfish habitat and from a crane located in the lawn access, if needed. ■ All petroleum products used for construction operation will be stored outside the buffer zone and refueling operations could take place landward of the resource area, to the extent feasible. ■ Silt curtains could be deployed around the proposed work site where practicable. The silt curtain would be marine grade, with floats, and with bottom weights. It would extend to the full depth of the water column at high tide. ■ Once the work is complete, the site will be stabilized and returned to existing conditions. All construction debris will be removed from the site and disposed of in accordance with all practicable state and local regulations. ■ If necessary, existing shellfish could be dug and relocated from the site. However, based on this shellfish survey this is not necessary. ■ Construction would be done in such a way that debris, especially sawdust, shavings, etc., is not introduced into the coastal resource areas. Cutting, routing, shaping, etc. would, wherever possible, be done away from water and coastal resource areas. When it is not possible to conduct such activities away from resource areas, measures (such as deploying tarps under the area of work) shall be taken to intercept debris. 5.0 LONG TERM IMPACTS Construction of the proposed float and pilings would have no long term impacts as: ■ Work will be conducted during the fall/winter/spring months when shellfish activity is reduced. ■ This work has been designed to use the existing bulkhead as a dredge point to reduce intertidal dredging. Float stops will be used to prevent the float from resting on the subsurface and to maintain a 2 foot gap to Land Under the Ocean. ■ Improve existing shellfish habitat by removing the old brick foundation form the intertidal area and dispose of at a licensed off -site facility. ■ Improve navigational safety by removing existing timber poles laying along the beach from the old bulkhead and salt works structures. Shellfish Survey 82A River Street S. Yarmouth, Massachusetts 6.0 SUMMARY BSC's shellfish survey identified the following: A minimal Soft Shell Clam and Quahog fishery exists on the site. Adverse impacts, if any, of the proposed construction activity can be mitigated,by adhering to the timing proposed, adhering to the State and Local laws, and coordinating the project with the Town of Yarmouth Shellfish Warden. Improve shellfish habitat by removing some of the old brick foundation from the salt works ruins within the intertidal zone. Document Path: G:IGISPrI10000000149883001MXD182A_RIVER-DSGA.mxd Date Saved: 101211201411.40:19 AM _ — - O'12'30"W—70'12'0'W - - -- — - 2 0 M v 70'12'30"W scale: 1:12, 000 1 inch = 1,000 feet 0 500 1,00 Feet yes DQcuMEe Site Locus r- - ►4-17 f` _South - ` •. Ham Legend - Approved - Conditionally Approved Conditionally Restricted ® Management Close - Prohibited - Restricted 82A RIVER STREET, SOUTH YARMOUTH Designated Shellfish Growing Area Map Source: USGS 2008-2009 FEMA 1997 ESRI World Imagery ESRI World Topo BSC Gx)U11 Z Document Path: G:IGISPg10000000149883001MXD182A_RIVER SSA.mxd Date Saved: 1012112014 11:50.34 AM = = T 2 A q a N A Scale: 1:12, 000 1 inch = 1,000 feet 0 500 1,000 Feet - Site Locus I'W -- --- — - --—70'11'0"W South - i;tV Legend Shellfish Suitability Areas Habitat ® American Oyster Bay Scallop Blue Mussel UM, j.' European Oyster = Ocean Quahog a.% -I Quahog v v v Razor Clam ® Sea Scallop Soft-shelled Clam Surf Clam 82A RIVER STREET, SOUTH YARMOUTH -- Shellfish Suitability Area Map Source: USGS 2008-2009 FEMA 1997 ESRI World Imagery ESRI World Topo SSC GWOuP Wood, 49863.00 82A River Street, South Yarmouth September 29, 2014 Page 1 of I Front of Single -Family Dwelling; Existing Boardwalk i i 0,W I ft '_ 4 - Coastal Beach Bordering the Bass River; Area of Proposed Pier with Dinghy Outhaul Photos by BSC Group NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Jonathan Wood B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is 82A River Street D. Proposed work is Construction of a pier with a dinghy hoist. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 508-778-8919 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) NOTES: Name Matthew Creighton Address 349 Route 28, Unit D Town W. Yarmouth State MA Zip 02673 Telephone 508-778-8919 Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 43/ 40/ MACBE OBERT A MACBETH E ZABETH J 10 MEADOW A E CUMBERLAND, 02864-4244 43/ 39/ CLARK J R PRATT C LYN J 332 CONCO RD WAYLAND, 01778 43/ 42/ TOWN OF YARMOUTH PARK DEPT 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 4 / 41/ CL JOHN R C/O MR OHN CLARK 322 CONC RD WAY -LAND, 01778 / 37/ CHI S JEFFREY 13 JO RD MIDDLET MA 01949 1/15/15 Please use the signature below to certify the owners within 100' of 82A River St, Yarmouth, MA. Matthew Zurowicl, ,__- Director of Assessing Town of Yarmouth C14 C-i i \c Al N _. �i ce) p M m M _ a - MIT M st `` - M qtt C� -- � -.—. �� co � e- nj� N 00 T N r C11 11 111 LO; i i N L _ M _ = Ci v it oi N M N W 7 � � o N in 3 � C C � o C C L T c C �t `0a o O u c 'E o m c N Gcj F- a T a N C L ` o E r vE Ln L o 0 a � Ln a Ln o 0 O 01 M Ln E OL N L � c (U fO C W U o W �' L C 'o � Q Ln T D L o o a� W C i C N d d �...i L E N �o �C Q �&- CL O rO N`U) O 2 00 = M tn o a� w V � E o� AID ZSC. Grn,,,;zj P') G t �ti;e�� s 1 "C61 c� S" 1Q Er r0 al N uT C3 Postage $ a-6-15 3, cererea Fee C3 Realm Receipt Fee Postmark CM (Endo rsement Regulred) C3Here R Fee 1= (ErMo ent Reequlred)Ind r-R Total Postage & Fees $ C N 00 � Sent7d - ent To- C Csrcx � p StreetiVo.;__________________________ f` orPo BorAb. _._. City, Slate. Lai _____________________________ s C6 S W004 0) MIXIX� he Register 6/11/15 !ARMOUTH/CC/PUBLIC HEARING i/18/15 LEGAL NOTICE TOWN OF YARMOUTH CONSERVATION COMMISSION The Yarmouth - Conservation Commission will conduct public hear - Ws pursuant to the Massachusetts hear - Wes Act, M.G.L. Chapter 131, Section 40 and the Town of tb Yarmouth Wetland By-law, Chapter arm Thursday June 18, 2015 at the on Yarmouth Town Offices, 1146 Route 28, South Yarmouth, MA beginning at 7:00 p.m. for the following matters: Notice of Intent: Johnathon Wood, 82A River Street South Yarmouth, MA (Map 43 Lot 38). Remove existing boardwalk and con- struct a per with a dinghy hoist in Bass River Robert L. Greene 15 Ship Shop Wa South Yarmouth, MA (Map 51 Lot 8 construct a bulkhead on a coastal ban on Bass River Re q uest for Determination of Applicability: Town of Yarmouth, 108 Bray Farm Road North, Yarmouth Port, MA (Map 151 Lot 24.1) remove inva- sive species an landscaping at Taylor Bray Farm Plans and applications for the above may be examined in the Yarmouth Conservation Commission Office, 1146 Route 28, South Yarmouth, MA. Monday thru Friday between the hours Of 9:00 a.m. and 4:do p.m. Ed Hoopes Chairman Yarmouth Conservation Commission AD413291205 The Register 6/11/15 OSH JA 1. WOOD ATTORNEY AT LAW . m- Benzaken & Wood, LLP ■ Complete items 11 1342 Belmont Street item 4 if Restri Suite 102 ■ Print your name al Brockton, MA 02301 so that we can ret ■ Attach this card to—�`off tT Pa or on the front if space permits. 1. Article Addressed to: BSC Group 349 Route 28 West Yarmouth, MA 02673 2. Article Number (transfer from service labelI PS Form 3811, July 2013 Phone (508) 897 0001 Fax (508) 587 5455 ❑ Agent wood-law@hotmail.com ❑.Addressee 1 16I )b D. Is delivery address different from Item l? Yes If YES, enter delivery address below: ❑ No 3. Se Ice Type '1FCertified Mail® ❑ Priority Mail Express'" ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7014 2120 0004 1909 5269 Domestic Return Receipt k3- 20i:26 PROPOSED DINGY PROPOSED PROPOSED PROPOSED SETIN CRADLE FLOOR EL- 10.7 FLOOR EL=9.1 OOR EL-Z5 REMOVABLE WIRES FOR DINGY P09770NI'NG 20' 9' 20' 9' 20' 120' 20 F-T-- --- r----T- -- --- — --� 15 F— --- — ----+ ---�— ----AFL❑OD ZONE VE-14.1 101— 55— — — -- -- T -- -----� 3 MHW MHW 3 MLW01...F.....}....... .}.. .... .}..... ...}.. ...... ...... 0 MLW -5 L—--J-----�- I I I -- 1 I I I — J— -- L I I I I — — — — J I I I I I I —J--J-----L----1----J-----L----J 0+00 0+20 0+40 0+60 0+80 1+00 1+20 SECTION A-1 LOCUS INFORMATION CURRENT OWNER: HOWARD W. COWEE TITLE REFERENCE: DEED BOOK 953. PAGE 334 PLAN REFERENCE: BOOK 107, PAGE 53 ASSESSORS MAP: 43 PARCEL• 38 ZONING DISTRICT: RS-40 SETBACKS: FRONT 30' SIDE 20' REAR 20' OVERLAY DISTRICT: NOT AN APD NITROGEN SENSITIVE ZONE: NOT A ZONE it FEMA FLOOD ZONE DISTRICT: ZONE AE (ELEV. 12.1) & ZONE VE (ELEV. 14.1), DATED 7/16/14 PANEL J25001CO589J NOTE: 1. THIS PLAN IS BASED ON MLW DATUM. ELECTRIC I 1 "x6" P.T. WITH 3/4" ELECTRIC 2"x8" EN SIDE OF PILE (TYP; 2"x6" CR BRACING 2"x6" RAIUNG ON 4" POST, 2"x8" RAILING ON 12" PILES 2"x4" RAIUNG AS REQ. 2'x4 RAILS 2"x8" STRINGER 13" O.C. (TYP.) 3/4" DIA. GALV. BOLT (TYP) 3/4" HDPE WATER LINE 2"x6" EACH SIDE OF PILE NOTE: ALL TO MEET TOWN OF YARMOUTH REQUIREMENTS. TYPICAL WALKWAY SECTION SCALE: NONE PIER 1 a 000, 0000, \ E G / ON u' N OAT R C S rn H\ ccrr•�✓ \ R\ COAFTo / EXISTIyf/FI/E \ a, AL BANK` .ter 2A FF=13.6 55 / 1� \ �� N/F JEFFREY CHIZMAS HOWARD W COWEE \ ASSESSORS MAP 43 ASSESSORS MAP 43 \ / 41.�ARCEL 37 PARCEL 38 _ 10 ( / N/F JOHN R CLARK — $ X a 9.� TOWN /- OF YARMOUTH ASSESSORS MAP 43 \` ASSESSORS MAP 43 PARCEL 41— PARCEL 42 IP `` ASS m m 1��i5N� ED / EXIS77NG \ SB/OFf- f� DG DINGYS W9TIi1N F, -� 1 0� �E GRA '' 4 / B!`ACtI AREA \ 539 4��20�" • • L —SS i _L • \ 3 •— ' J �,.• •.-� PILINGS • l / TALLIP ...� PILING REMAINS. 77 6• • • ✓ PROPOSED PIER 2 — 1 PROPOSED 12.0' X 16.0' • 0 • • • — HOIST 1 FLOOR £L=Z5 / - - PILING REMAINS REMOVABLE WIRES FOR�- ' 44 • • PROPOSED 124' \ DINGY POSITIONING • DINGY / \ J i • • • EXISTING BULXHEAD ATJD PILING E1dAINS FLOAT EXISTING LOCATION OF • A-1• • • • • • 2� DINGY BOAT ACCESS 0• — — \ — H6UL PATHWAY _ /SIGHT OF j "'S 9-3 5_— i BASS R/ VER ll TIDAL CL ~� RED CHANNEL MARKER OR. WOODS' OMOORING MOORING MOORING / MOORING MOORING MOORING HOF 3 CRAIG A. cg FIELD No.38039 ftaBv INJD CRAIG A. FIELD DATE PROFESSIONAL LAND SURVEYOR PLAN OF LAND TO ACCOMPANY A NOTICE OF INTENT 82A RIVER STREET IN YARMOUTH MASSACHUSETTS (BARNSTABLE COUNTY) PROPOSED PIER JANUARY 12, 2015 NO. DATE DESC. 1 3/16/15 REMOVE RAMP & FLAOT RELOCATE PROPOSED PIER 2 7/1/15 CON COM NOTES PREPARED FOR: JOHN WOOD 82A RIVER ST. YARMOUTH, MA 02664 508-280-8449 BSC GROUP 349 Route 28 Unit D W. Yarmouth, MA 02673 508 778 8919 © 2015 BSC Group, Inc. SCALE: 1" = 20' 0 10 20 40 rm FILE: 9863-EXC2.DWG DWG. NO: 6277-01 SHEET 1 OF 1 JOB. N0: 4-9863.00 6EXISVINGHOUSE A \ N " R a PROPOSED PROPOSED PROPOSED r"1 FLOOR EL=10.7 FLOOR EL=9.1 OOR EL=7.5 1 N J 20' 9' 20' 9' 20' 12.0' g 20 F-T---I---- F----T— --7 — — — — ----� 9 151 — --- —�---- f ----1—----dFLDOD ZONE VE-14,1 yQ� 11 c? L----J gti�CIL 1 1550 I — — I — I � 1 1 MHW 3 �-- — — -- -- — -- --- 3 MHW 1 N MLW 0 } ... F ..... } .. .. . } . .. . } . . } . ... ...... 0 MLW �� l JEFFREY CHIZMAS .. . . . . .... .. . . .. . AP 43 ESSORS -5 i — -- i-----i -- i — I— -- i ---- ASSPARCEL M7 > N/F I i I I I I HOWARD W. COWEE J__—J-----L----1----J-----L----J ASSESSORS MAP 43 L— 0+00 0+20 0+40 0+60 0+80 1+00 1+20 ;PARCEL 38 111) Jr'r1 % PATIO \ \ 01 .0� W----- A-1 0�p1 SECTION A-1 �og'ooF�q oP/ / e 412 -- — f / LOCUS INFORMATION CURRENT OWNER: HOWARD W. COWEE TITLE REFERENCE: DEED BOOK 953, PAGE 334 PLAN REFERENCE: BOOK 107, PAGE 53 ASSESSORS MAP: 43 PARCEL:- 38 ZONING DISTRICT: RS-40 SETBACKS: FRONT 30' SIDE 20' REAR 20' OVERLAY DISTRICT: NOT AN APD NITROGEN SENSITIVE ZONE: NOT A ZONE II FEMA FLOOD ZONE DISTRICT: ZONE AE (ELEV. 12.1) & ZONE VE (ELEV. 14.1), DATED 7/16/14 PANEL #25001CO589J ELECTRIC I 1 "x6" P.T. WITH 3/4" ELECTRIC 2"x8" EN SIDE OF PILE (TYP', 4 2 x6" CR BRACING NOTE. 1. THIS PLAN IS BASED ON MLW DATUM. 2"x6' RAILING ON 4" POST, _ 2"x8" RAILING ON ( " PILES)2"x4" RAILI G''AS "'REQ. 2'x4 RAILS 2"xx8 STRINGER 13" O.C. (TYP.) 3/4' DIA. GALV. BOLT (TYP) 3/4" HDPE WATER LINE 2"x6" EACH SIDE OF PILE NOTE: ALL TO MEET TOWN OF YARMOUTH REQUIREMENTS. ALL RAILS, WIDTHS AND SLOPES TO BE A.D.A. COMPLIANT. TYPICAL WALKWAY SECTION SCALE: NONE N JOHN R. CLARK TOWN OF ARMOUTH ASSESSORS MAP 43 _ - f `~ — — -� h ASSESSORS MAP 43 PARCEL 41 7 g PARCEL 42 - — '~ _ _ %! / ` ✓ a"� ER -ROLL �fACH S PLATFORM j � IF ASSm m —_ 5�� — �\ 1 FND 10.o0� & '— 1 EA acr. \ S39':R12�"W • GLASS \ •• ' TALL._.- • IP — .° PILING REMAIN't 8, "'3:5 • 77' ' PROPOSED PIER 2 i • :w 12.0' X 16.0' ®" • • _ HOIST 1 FLOOR EL=7.5 • °4, PILING REMAINS— • PROPOSED / 124' • DINGY _ — — A-1 SIIING BULKHEAD ZND L PILING EMAINS /f FLOAT -- _1 EXISTING LOCATION OF • • • • • • r2 DINGY BOAT ACCESS HAUL PATHWAY /r to / 1 BASS RIVER TIDAL MID r_ \ RED CHANNEL MARKER 10— / MOORING— / MOORING rg ""•` MOORING / '�-- ' .1. -'"'" � --" '_--7----� "...-- `',• ...--- _._- 10 s MOORING MOORING MOORING — / OO____ —6 ___. s —5 - �j9OFAk CRAIG a�9� FIELD No.38039 LAND CRAIG A. FIELD DATE PROFESSIONAL LAND SURVEYOR PLAN OF LAND TO ACCOMPANY A NOTICE OF INTENT 82A RIVER STREET IN YARMOUTH MASSACHUSETTS (BARNSTABLE COUNTY) PROPOSED PIER JANUARY 12, 2015 RWqONS- NO. DATE DESC. 1 3/16/15 REMOVE RAMP & FLAOT RELOCATE PROPOSED PIER PREPARED FOR: JOHN WOOD 82A RIVER ST. YARMOUTH, MA 02664 BSC GROUP 349 Route 28 Unit D W. Yarmouth, MA 02673 508 778 8919 © 2015 BSC Group, Inc. SCALE: 1" = 20' 0 10 20 40 rm FILE: 9863-EXC2.DWG DWG. NO: 6277-01 SHEET 1 OF 1 JOB. N0: 4-9863.00