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HomeMy WebLinkAboutCOC requestCAPE, COD ENGINEERING, L'VCC, Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-14451 Fax 508-385-1446 bobpera(&capecod. i3 et January 24, 2022 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: 170 Mayflower Terrace, South Yarmouth; SE 83-2175 - Certificate of Compliance — Marine Bulkhead — Applicant Neil Rudxinski; Map„120 Parcel 10 To the Conservation Commission, Attached please find Certificate of Compliance application materials for the marine bulkhead -related Order of Conditions issued in 2019 to Mr. Rudzinkski. I have inspected the site, measured the conditions on the ground prepared the attached as - built plan. With very slight variation the project of marine bulkhead installation and coir fiber rolls was completed in substantial compliance with the plan. In one short segment the wall is approx. 1 ft. seaward of the proposed alignment and in a longer segment farther north, the wall is approx. one- half foot landward of the proposed location, The wall cap is approx. 0.2 to 0.3 ft. higher than proposed with a slight undulation. Beach grass has been installed with culms bundled somewhat more intensely than two culms per hole and the grass is expected to develop rapid coverage as a result. The fiber rolls are stable, functional and in good condition, currently not sand covered due to flood tide activity. By assessing the tidal exposure, sand cover will not persist on the rolls, the coir color blends adequately with the local environment and the surrounding vegetation may fill in surrounding them. Rubble within the beach and marsh was removed with slight exception of a deeply embedded item. Also, as indicated in the Order I've included a copy of the Chapt. 91 Waterways License for the dock and boathouse issued in the early 1990's when the property was under different ownership. Thank you for your cooperation. Sincerely, Cape Cod Engine n nc. G Robert . Pe LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 _ ----- A. Project Information Important: When filling out 1- This request is being made by: forms on the Cape Cod Engineering, Inc. computer, use Name only the tab key to move PO Box 1517 ----- your cursor - Mailing Andress do not use the East Dennis return key. City/Town 508-385-1445 MA State Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Neil Rudzinski Applicant 1/9/2019 Dated Upon completion of the work 3. The project site is located at: authorized in 170 Mayflower Terrace od f SE 83-2175 DER File Number South Yarmouth an r er o Street Address Cityrrown Conditions, the 20 10 property owner must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance from the issuing Neil Rudzinski Trustee of the NR Nominee Trust authority stating Property owner (if different) that the work or Barnstable 31780 portion of the County -- Book work has been satisfactorily completed. Certificate (if registered land) 5. This request is for certification that (check one): DEP File Number: SE 83-2175 Provided by DEP nnr A A 328 Page ® the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above -referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above -referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaferm8a.do •- rev. 5.+29114 Page 1 of 2 �I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance SE 83-2175 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By-law, Chapter 143 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http:l'www.mass.gov/eea/agencies/massdeo/abouticontactslfind-the-I-- iassdep-region al -office - for -your -city -or -town . h tml ). wpaformAa.do rev. 6129)14 page 2 of 2 Xbt Tommunw ttith of 9111511ttcbuoletto of --- Barnstable, -- in the County of -- Barnstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- maintain a boathouse, pier, ramp and pile -held float ----------------------------------- and has submitted plans of the same; and whereas due notice of said application, a -ram of the tine and plate—€-iw- for -a—hoa44-ng Oker-a4>R, has been given, as required by law, to the -- Board of Selectmen -- of the Town of -- Yarmouth; ----------------------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses thesaid -------------------------- _--------____--------__-- J. Peter Gemeinhardt --, subject to the provisions of the ninety --first chapter of the General. Laws, and of all laws which are or may be in force applicable thereto, to -- maintain a boathouse, pier, ramp and pile -held float ---------------------- in and over the waters of -- Kelley's Bay -- in the -- Town -- of -- Yarmouth -- and in accordance with the locations shown and details indicated on the accompanying ❑H:P License Plan No. 3485, [2 sheets]. PRINTED 0N REGYGLE0 PAPER +J BP=09045--0068 94-02 -10 1=a! 40BO65 Pa g e _..2` License No - The structures hereby authorized shall be limited to the following use: noncommercial docking and boating access to navigable waters and storage of boats and related equipment. This license is valid for 99 years from the date of license issuance. S G L W Y 0 T In accordance with any license condition, easement, or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks, the Licensee shall allow the public in the exercise of such rights to pass freely around all structures within such intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on both the northerly and southerly sides of said pier. The signs shall include any statement and/or logo specified by the Department and shall otherwise conform to the "signage Specifications of the Waterways Regulation Program", as may be amended hereafter. A Licensee's copy of such written specifications is provided with this license, and an additional copy shall be kept in the Department's permanent license file (No. 3485). Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said structures or property not intended for lateral passage. P Duplicate of said plan, number 3485 is on file in the office of said Department, and original of said plan accompanies this License, and is to be referred to a part License No. 3485 BP :09045-0069 94-02-10 1100 110086S STANDARD .WATERW4YS EICENSE;C2NDITioNS Page 3 I. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee Pr -or to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. G. This waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense Of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal, state, County, and Municipal laws, ordinances and regulations including but not limited to valid final order of conditions .issued pursuant to the Wetlands Protection Act, G.L. Chapter 131, s.40. B. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations ❑f the DEP, Division of Water pollution Control. 9. In accordance with the public easement that exists by law on private tidelands, the licenaeo shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for the purposes of fishing, fowling, navigation, and the natural derivatives thereof. No restriction on the exercise of such public rights within the intertidal area shall be imposed unless otherwise expressly provided in this license. 10. Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flaw of pedestrian movement thereon. License No. 3485 BM9045-0070 94-02-10 1=08 #088GS Page 4 _ The amount of tide --water displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said -- J. Peter Gemeinhardt -- by paying into the treasury of the Commonwealth -- two dollars and zero cents ($2.00) --- for each cubic yard so displaced, being the amount hereby assessed by said Department (0.0 cu.yds. - $0.00). Nothing in this License shall. be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of Barnstable. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this thirty-first day of January in the year nineteen hundred and ninety-four. Commissioner Director section Chief THE COMMONWEALTH OF MASSACHUSETTS Department of Environmental Protection This license is approved in consideration of the payment into the treasury of the Commonwealth by the said --- J. Peter Gemeinhardt -- of the further seam of -- two hundred twenty six dollars and zero Gents ($226.00) -- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON, Approved by the Governor.��— Governor BP 109045-00T1 94--02--10 1-.00 KOBUS SIGNL&gB SPECIFICATIONS ❑F TIM 32ATF.Rg&Y-S-BE-U-L&T-LQU-P-ROG-R-l'-'I Waterways License Application No. W93-1874 Waterways License No. 3485 Unless otherwise expressly provided in a license or other written authorization by the Department, all required signage shall conform to the following specifications, as applicable: 1. all signs shall utilize durable materials and methods of construction; 2. letter height shall be a minimum of 314-inch; 3. the full name of the Department together with the Waterways License Number and date of issuance shall be clearly displayed on all signs; 4. the signs to be placed on such structures shall state the following: ,upland lateral passage is provided to the public pursuanttor o the purpose of fishing, fowling, and/or navigation, Waterways License No. 3485, issued [date]; BARNSTABLE REGISTRY OF DEEDS T� ra 0 m ►AGE .��. t I CERTiFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AN D REGU LATIO NS OF THE REGISTRARS OF 0EED3 EFFECTIVE TAN, 1, 1976, AND 45 REVISED THROUGH JAN.1986, 2. REF. CHCP.41, SEC. 81-»X, G. L. I HERESY CERTIFY THAT THE PROPERTY LINES SHOYM ON THISPLAI ARE THE LINES DIVIDING EXISTING OWNERSHIPS AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY &STA9LI$HE❑ AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. A DATE w � t�DgIrRY M. FITt,GF-RA ID M4,,YFLOW FR TER, SYARMOU H 6k Iaz`* RE$I3T ED LAND SURVEYOR SHEET I OF 2 SHEETS 1 H1' GC ^ 1 T yeµ , rs OW 3 peGIAC'OMO " O gs7IDELfAu 13EE11ONT, LOCUS MAP U. O2i7g EJUSTING DwELLI� , EXISTING s CONCRETE SLATE STE S y A NDTE 1. ALL STRUCTURES SHOWN w . EXISTING. . 2.FOR SITE SPECIFIC DATA4-PROFILE SEE SHEET zW2 SCALE I In.s 2000 ft. EXiST1N0 PEER, RAMP P FL,faA WW L[C,#PENDING XISTIHG BOATHOUSE, PIER, RAMP $ FLOAT TO OF LICENSED � ° �L1 4 Q U. x SCALE; I in. =60ft. �- LOT INFORMATION FROM PLAN CollxNT�Y REGISTRY OF AGE �E RSLE of xusaT w. , PLANS TO ACCOMPANY PETITION OF � J PETER GEMEINHARDT TO MAINTAIN EXISTING PIER, r.1811 BOATHOUSE., RAMP � F'LOA'M IN PROFE5314 L ENGINEER KELLEYS BAY — SOUTH LIGEl1iSE F'kAl�i ND CALE1YARMOUTH, MASS. AwoM by new If C� 1 � SCASCHOFIELD BROTHERS,�iNC9z ENGINEERING- SURVEYING - PLANNING 161 CRANBERRY HIGHWAY MI ER PO.BOX 101 CTbR ORL,EA S MAM.OZ653 (508) 256-2098 _ ON CiiIFF PA r�R�r X• JM:MLW-O,o MYEAR FLOOf7 ZONE >. 3 TOP OF CS UiaVD}.7SMLW} 3 R.MEL=16,5 p; •- Ma n R m OF rINa d D' IN1N[3 S Ar /XIS NG 4'x 6.5 i�R ro BO�TOUSE 1 �LxI5TRU STEEi ST}RA Is RwnP 1 � 4 ' N ' IDA EXISTING � EL-,k,5 PIER FLOAT OPTIONAL FLs1L 5 PILES [1 N KEI-LEYS BAY SCALE' 11n. ZO E!- 2Q 30 AO ft. SGI-I0FIR1.0 BROTHERS, INC. 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