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HomeMy WebLinkAbout0135 SOUTH BAY ROAD _ "" �"� '3�S© 6� � u� o . o o ,, e v ....._.. _ � r� _�.�n . . C. �r! _ r� tF --, (!/4 -. - - k, .. _ tFFt = d: �, F� �, r. �� �, �` t a _ _ f �- �. �. €� €: �. _ =E Q• e o �. _. � �,. o _ � - i. �' o f. _ _- _- � _ - o - - _ �;. c e }:!4 __ _-�, r...__ 6: i Massachusetts Department of Environmental Protection • `ofy DEP File Number: Bureau of Resource Protection -Wetlands = BARNSTABL = WPA Form 5 - Order of Conditions SE3 3237 v� M6 �0g Provided by DEP � 639.�p Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXV11 A. General Information Important: When filling From: out forms on Barnstable the computer, Conservation Commission use only the tab key to This issuance if for (check one):. . move your cursor-do Order of Conditions _ not use the return key. ❑ Amended Order of.Conditions 1-6: A; Plicant: Property Owner (it different from applicant): IL P a agl R Virginia Ohgnian:Tni�tggs icha1 l South 'Virginia Road RealtyTrust Trustees Ii larva I 350 South Ocean Blvd. 350 South Ocean Blvd_ Maiiing Address Mai;inc Address Boca Paton FL 33432 Boca Raton FL 33432 Cityffown State Zip Code City/Town State Zip Code P fect_Location:---__ z 134 South Bay Rcad '� Osteville x W ro Str=Address CityrTown ,;' •;; `—�� C LU Q Assessors Map/Plat Number. Parcel/Lot Number 4 ` � a O cn 2. Prop d at the'Registry of Deeds for: =Z LiJ Cs a Barnstable. }M> . County Book _ Page Z r w 137058 being Lot 6 on Land Court Plan 9592H cc 00 I Certificate(if registered land) rrr 3. Dates: July 18, 2002 September 10, 2002 `� LIU Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan Dec. 11, 2002 Title Date -coy Title Date (� Title Date Q 5_ Final Plans and Documents Signed and Stamped by: Q� `7r / Stephen Wilson, PE v Name 6. Total Fee: $482.00 (from Appendix B:Wetland Fee Transmittal Form) Wpalorrn5Am•rev.12/17/02 Page 1 of 7 of",E, Massachusetts Department of Environmental Protection DEP File.Number:Bureau of Resource Protection - Wetlands • MRNSTABLY- = WPA Form 5 - Order of Conditions SE3-3237 v MASS. $ Provided by DEP . Ft639-. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and-Town of-Barnstable Ordinances Article XXVII• B. Findings Findings iirsiinnt to the Massanhusetts 11.1Letlanrls 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_ Check all that apply: ❑ Public Water Supply" ;N..Land Con iaining'Shetlfish. ® Prevention of Pollution ❑ Private.Water Supply ® Fisheries ® Protection of Wildlife Habitat Groundwater Supply ® Storm Damage Prevention ® Flood-Control Furthermore,this Commission hereby finds the project,as proposed,is: (check one of the following boxes) Approved subject to: N.the.following conditions which are necessary, in accordance with the performance standards set-forth in the wetlands regulations, to protect those interests.checked above.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. Denied because: ❑ the proposed work cannot.be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore, work on this project may not go forward unless anduntil anew Notice of Intent is submitted which provides measures which are adequate to protect these interests,and a final Order of Conditions is issued.. ❑ 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 Wetiands 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). General Conditions (only applicable to approved projects) xvt 1. Failure to.comply with all conditions stated herein, and with all related statutes and other regulatory- measures,shall be deemed cause to revoke or modify this Order. 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. Wpaforrn5.doc•rev.12/17/02 Page 2 of Massachusetts Department of Environmental Protection DER File-Number: ` o Bureau of Resource Protection - Wetlands MASS. � WPA Form 5 - Order of Conditions SE3-3237 039. �e� Provided by DEP DjEp �16 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cost.) 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 .h. 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 yeas, the extension.date and the special circumstances warranting the extended time period are set forth as a special condition in this Order:: 5.' This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be.clean fill_ 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. 7. 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. 8. 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 this 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. 9. A sign shall be displayed at the site rot less then two square feet or i�yore than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP "File Number SE3-3237 10. 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 DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. .12. The work shall conform to the plans and special conditions referenced in this order.. 13. Any change to.the plans identified in Condition #12 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. 14. 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. Wpafonn5.doc•rev.12/17/02 Page 3 0l 7 i irk Massachusetts Department of Environmental Protection Hof.. DEP File Number: Bureau of Resource Protection - Wetlands a4MNStABM = WPA Form 5 - Order.of Conditions SE3 3237 v MASS. g Provided by DEP 2639. Massachusetts Wetlands Protection Act M.G.L. c. 131 '§40 �fD pAAyl1 ' and Town of Barnstable Ordinances~ ' of Barnstable Ordinances kd lei Vffl. B. Findings (cont:) 15_ 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.,. b. 16'. 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.: 17..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- nn a daily basic nnri shall remnvo arriimidntori znrJimont'z as needed The anrilirrant shall immorliatohr ' .... daily _. rr. . 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. see attached -- Findings as to municipal law or ordinance 9 P Y 4 � Furthermore, the Barnstable 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: Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Article 27 of Town Ordinances Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional 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. Wpaform5.doc•rev.12J17/02 Page 4 of 7 SE3-3237 O'Hanian Approved Plan= Dec l I;2M0 Revised Site Plan by Stephen Wilson,P.E. Special Conditioris of Approval I Preface Caution:Failure to.comply with all Conditions of this Order of Conditions can have serious consequences. The consequence may include issuance of a.stop work order,fines;requirement to.remove unpe'rmitted structures,requirement to re-landscape to original condition,inability to obtain a certificate of compliance, and more. . The General Conditions of this Order begin on page 2 and continue on pages 3 and 4...The.Special i Conditions are contained on pages 4.1;4.2 and 4.3 if necessary.All conditions require your compliance. II. Prior to the start.of work,the following conditions shall be satisfied: 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein,General Condition number 8(recording requirement)on page 3 shall be complied with. 2. It is'the responsibility of the applicant,the owner and/or successor(s)and the project contractors to ensure :that all conditions of this Order are complied with. The applicant shall provide copies of the Order of Conditions and approved plans(and any approved revisions thereof)to project contractors prior to the start of work. B wrnstalble.Conservation Commic6nn Fnrmc A an'l R chillI.1'.M. „I AtA l o. l mot„ >7 to ri v a Commission prior to the start of work. 3. General Condition 9 on page 3 (sign requirement)shall be complied with_ 4. The Conservation Commission shall receive written notice 1 week in advance of the start of work. 5. The Natural Resources Dept. shall be notified.at least 21 working days prior to the start of work at the site, to inspect the areas for shellfish. If deemed necessary by the Shellfish Constable,shellfish shall be removed from the work area to a suitable site and/or replanted at the locus following construction. The foregoing. measures for shellfish protection shall ensue at the expense of the applicant. 6. The applicant shall obtain a building permit for the proposed pier from the Town Building Commissioner_ p.4.1 i III. The following additional conditions shall govern the project once work begins- 7. General conditions No. 12 and No. 13(changes in plan)on page 3 shall be complied with. 8.. General condition No. 17 (maintaining sediment controls)on page:4 shall be complied with. 9. -The Conservation Commission;its•employees,and its agents shall have a right6f entry to inspect for compliance with the provisions of this Order of Conditionsr 10` This permit-is valid fo0.years.fr0m:the date of issuance,unless extended by the Commission:at the request of the applicant. I.I. Herbicide,pesticide and fertilizer use is discouraged on lawns within Conservation Commission iurisdiction. If fertilizer is used;only slow-release low-nitrngen ferric;,.er-hall ha applied_ Over_fPr61i7ing shall be avoided. 12. There shall be no disturbance of the existing salt marsh. 13. No creosote treated materials shall be used. No CCA-treated material shall be used for pier decking. 14. 'The-proposed stairs shall be,constructed without solid risers. 15. Deck plank spacing for the pier shall be at least one half inch. . 16. Work shall occur during the off-season only: October 15 through May 1- 17. No dredging(including but not limited to effects of propeller wash)is permitted herein. 18. The seasonal storage of floats and components shall be at a suitable upland site. They shall not be stor d on banks,marshes or dunes. \`C 19. Permanent piling shall be driven into olace. The following special conditions in italics shall govern boat use at the approved pier.These conditions shall continue over time. Note: For purposes of this Order of Conditions,the term"pier" shall refer not only to the linear pile-supported structure,but also to any of its components or appendages such as the float(s),ell,tee,ramp,outhaul piling,etc. 20. Boats shall only be berthed at the float. 21. No boat shall be used or berthed at the approved pier such that at any time less than one foot of water resides between:the bottom of the boat(or engine in drive position)and the substrate. p.4.2 22. No jet propulsion boat shall be used or berthed at the pier unless specifically authorized by the Commission in the future. :23. Any desired pier lighting shall receive prior approval of the Conservation Conunission or Department.:. .: 24. Lead piling caps shall not be used. 25. The seasonal portion of the pier shall be.deployed May through October only.It shall be removed during the months of November through April. This condition shall continue over time. .26.. �Vork on the.pier shall ensue nud-tide rising to mid-tide falling or as otherwise necessary to preveni.the grounding of the work barge on the substrate, IV. After all work is completed,the following condition shall be promptly met: 27. At the completion of work,or by the expiration of this'Order,the applicant shall request in writing a Certificate of Compliance for the work herein.permitted. Barnstable Conservation,Commission Form C shall be completed and returned with the request for a Certificate of Compliance Where a project has been completed in accordance With plans stamped by a registered professional engineer,architect,landscape architect or land surveyor,a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation,if any,exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance.At the time of the request for a Certificate of Compliance an updated sequence of color photographs of the undisturbed buffer zone shall be also submitted. I p.4.3 . i �V, Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands • ST" WPA Form 5 - Order of Conditions SE3-3237 9 Mass g Provided by DEP. 1639• Massachusetts Wetlands Protection Act.M.G.L. c. 131, §40. �EDMAy� and Town of Barnstable Ordinances Article XXVII ' B. Findings (cont.) Additional conditions relating to:municipal'ordinance or bylaw:- see attached This.Orde6s valid for three years, unless otherwise specified as a special condition pursuant to General Conditionc f171 ftnm the date of sst:ance. Date This Order must be signed by a majority of the Conservation Commission.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 (see Appendix A) and the property owner(if different from applicant). Signatures: Ilk On Of Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires This Order is issued to the applicant as follows: ❑' by hand delivery on . by certified mail, return receipt requested,on Date Date WpafOrmS.doc.rev.12(17102 Page 5 of 7 N ASSESSORS x 4.2 x Q x x 11.1 ,� Is MAP 93 PARCEL 64 IV 10.7 �O� 11 122 0 14.2 NORTH BAY BAY ST. A.P. 1 S� ti�TCG MINIMUMS x 7.4 x 9.4 S •�pGtn' ',G �9 F� AREA 43,560 S.F. 13. FRONTAGE = 20' `� ,`�' `s 11.8 @R�pGf ST WIDTH `= 125' ,`� .3 FRONT x 10.4 G of ,"� 12.0 SIDE SETBACKS 15ACK 0 \ `� 6,,- LOCUS OPT} „"� °' +��'o X 10.7 X 11.3 .4 6.93 REARSETBACK 15 �`O ry�O A,) �$ x 1� BUILDING HEIGHT = 30 x 5 Q s� x 11.3 WEST BAY Z. V oo LOCUS MAP �` SCALE 1 25,000 `r �,�' V x 8.4 x .7 PATIO 13.5 6 (3 x 9.8 10.0 x 10.4 x Lr) 0.1 Lj ci co 2.5 y. ow gQ . I 9.4 10.7 ,o CU raj Tj � p �\ Z w 00 Nc sF x C 10.8 o 4.5 O^, 10.7 _ c cr � > ..J x 5. C '�� EXISTING STONE WALL a CL \ss v M w '9C A 10.8 f- V, ro \ti 9.3 x 10.8 o , `\ 12.0 2.5 .1 11.4 2.5 w x_ 12.0 £k,Sr�NG w o 1.2 rq� U) �' 4 ft. 0.5ALL RS ._ Ln N . 2 x 6 x 0 AL 2 0 6 , X 6 POSTS HANDRAIL ,2 0 2 X 8 w » \ ,� ? C 2 X 10 DECK � ON M' 1 SPACING TYP _` .5 x 1.0� A T R E 0. M A 9 N 0 ETE RETAINING WALL ....'ELECTRIC WATER` SERVICE AL & � - .5AL i SERVICE i MARSH AL 2 X 8 - CROSS BRACE AIL � � (OPTIONAL) 1.3 E. S * AL W � � \ -0.0 � 3 2.0 AL 0. AL AL 1.1 S � • � AL NYC AL AL 'IL AL o 0. DETAIL A-A `?' MARSH 1.0AL 6 �, • 0.4 ` e x 2 X 10 DECK �! Q x 1 SPACING (TYP) 0 -3.0 X , 4.0 I 0 �� `0 4"X 4'' HAN RAIL. �S 1 x - NOTE. DENOTES _ . ELECTRIC 2.o TES PROPOSED o 0 SERVICE � 2 X 4 Q ELEV. _ 5.5 3 X 8 _ A 24 WATER / _q 2 3 X 8sp E.H.W. =_3.5 h „ J , 3X 8 _ CROSS B x M.H.W. 2.5 RACE , 3.1 a� ALL PILINGS 10 - 12 x S _ A - 2.2 M.L.. . .W. 0. . . . . E.L.W. _0.5 J x 2.1 , 4 k 3 0 ti .•1r 22 - r B 0 x _ 0 2.9 D � A ETAIL B B i N� _ D 0 C k x _ 3.4 x -_ 2.9 2.7 PLAN x 3.3 1 20 x ;_ 2.5 0 10 20 F e6 x -3.1 V O x -3.2 F 0 D x 3.1 x 2.5 x _ 2.7 x -2.9 x -2.5 PRO POSED PIER 135 SOUTH- BAY ROAD IN (OSTERVILLE) OSTERVILLE MASS . FOR 135 SOUTH BAY ROAD REALTY TRUST SCALE: AS NOTED DATE: MAY 22,1997 REV. SEPT. 30,1997 Pj�OFtjj's REV. JULY 5, 2001 REV. DEC. 11 2002 �o TEPHEN - � I No.30218 - � �lSTR � IAL n BAXTER, NYE & HOLMGREN, INC. REGISTERED LAND SURVEYORS SE eJ'- � J r CIVIL ENGINEERS OSTERVILLE, MASS. #95075dck2.DWG