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HomeMy WebLinkAbout0510 WIANNO AVENUE W. Springfield, MA Pittsfield, MA (413) 781-2897 � (888)881-4598 Quincy, MA BUtINOWN OF BARNSTABLE Worcester, MA (617)479-2619 (888)881-4598 Mattapoisett, MA Adi4teflr�,- � , o QM fj; 5] Cape Cod&Islands (508)758-6633 (888)881-4598 Rhode Island -�.--� ---� Int. Hartford, CT (888)881-4598 BUTLER (888)881-4598 Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen Town of Barnstable Town of Barnstable 200 Main Street 200 Main Street Hyannis, MA 02601 Hyannis, MA 02601 Attention: Records Attention: Records COMPANY: Certain Underwriters at Lloyd's, London c/o Quaker Special Risk POLICY NUMBER: QMH1656401 CLAIM NUMBER: INSURED: Ann Marie Lewis - Trustees of The Oakleigh Trust LOSS LOCATION: 510 Wianno Ave., Osterville, MA DATE OF LOSS: 06/05/2017 DESCRIPTION: Power Surge OUR FILE NUMBER: CCI17-6617 To Whom It May Concern: Claim has been made involving loss, damage, or destruction of the above captioned property which may either exceed $1,000, or cause Massachusetts General Law, Chapter 143, Section 6, to be applicable. If any notice under Massachusetts General Law, Chapter 139, Section 313, is appropriate, please direct it to the attention of this writer and include a reference to the captioned insured, location,policy number, company claim number, date of loss, and claim or file number. Sincerely, John O'Keefe Claims Adjuster P—617-479-2619 F—617-479-1740 john.okeefe@georgebutleradjusters.com On this date, I caused copies of this notice to be sent to the persons named above at the address indicated above, by first class mail. K. &D&�J Secretary June 14, 2017 P.O. Box 1557, Mattapoisett,MA 02739 Town of Barnstable Regulatory Services gyp'' Richard V. Scali,Director BARNWrABM ; Building Division BARNSTABLE. 9 M6A� +aa�w�n�iuu�`ar."avau qj 39. �f Paul K. Roma 1639.1019 Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 February 22, 2017 Mrs. Ann M. Lewis, Trustee The Oakleigh Trust 510 Wianno Ave. Osterville, MA 02655 Re: 524 Wianno Ave. Dear Mrs. Lewis, Thank you for your recent letter concerning the above referenced address. The gist of your letter/concern revolves around the shower enclosure which you refer to as a ".`structure" encroaching into the 15' side setback which is required in the RF-1 zone. Under Section 240-128 (Definitions) of the town's Zoning Ordinances "structure" is defined as, "Any production...not including poles, fences, or such minor incidental improvements." Historically, shower enclosures have been considered and treated as a fence and therefore they do not. need to meet setbacks. If you have any questions, please do not hesitate to contact this office, or if you feel aggrieved by this decision, you may appeal it to the Zoning Board of Appeals. Sincerely, V : .' . Eaul Ro T Building Commissioner • w THE OAKLEIGH TRUST 510 Wianno Ave. Wianno MA 02655 (617) 262-4315 Halcyonl80@yahoo.com February 10, 2017 BY REGULAR AND CERTIFIED MAIL#7015 1730 0000 1514 0885 Paul Roma,Building Commissioner o Regulatory Services, Building Division Town of BarnstableCD f,' -, 200 Main Street Hyannis,MA 02601 Re.:. Request for Zoning Enforcement r- 524 Wianno'Avenue,Osterville Q Dear Commissioner Roma: I am a Trustee of the Oakleigh Trust which owns the residential property at 510 Wianno Avenue, Wianno.My husband and I live at the house. I am writing.this letter in order to express our concern about a new structure that has recently been attached to our next door neighbor's (to the South),the Grants,dwelling at 524 Wianno Avenue. The Grants are in the process of completing a substantial new dwelling,which is replacing an earlier home that was at the site. Our understanding is that the earlier home met zoning setbacks and that the replacement home was also to meet zoning setbacks. We believe that this area is zoned for a side yard setback of 15 feet. The Grant's approved site plan showed a 16 foot setback along our common lot line. Recently, we observed a rather elaborate outdoor shower enclosure(picture attached) which'seems to intrude at least half way into the required setback. I have attached a photograph of it looking east. The hedge in the picture is on our common lot line. I have also attached a sketch showing where I believe the enclosure to be located. It is my belief that this structure attached to the Grant house does not comply with the setback requirements under the Barnstable Zoning Code. It is also very close to our property and will result in noise and possible drainage issues. We would ask that you inspect the site and initiate whatever action is required to have the structure brought back into zoning compliance. Please notify us of your findings and any enforcement actions in this matter. Your assistance is greatly appreciated. erely, n Ann M. Lewis Trustee I ai Sr 9 i r� . 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'�tD"'r. t ri^`•o-a�Y;tl�,>f"f.i o- _ '-t^�.4 _ c 61 N m LL %' i v _ J x :• `. 16 N. es fro �7;AAiQ0 t I t , 9 � t 4 i f THE OAKLEIGH TRUST 510 Wianno Ave. Wianno MA 02655 (617) 262-4315 Halcyon 180 @yahoo.com February 10, 2017 BY REGULAR AND CERTIFIED MAIL#7015 1730 0000 1514 0885 Paul Roma, Building Commissioner Regulatory Services, Building Division Town of Barnstable ; 200 Main Street Hyannis,MA 02601 , ul Re: Request for Zoning Enforcement 524 Wianno Avenue, Osterville n Dear Commissioner Roma: I am a Trustee of the Oakleigh Trust which owns the residential property at 510 Wianno Avenue, Wianno. My husband and I live at the house. I am writing this letter in order to express our concern about a new structure that has recently been attached to our next door neighbor's (to the South), the Grants, dwelling at 524 Wianno Avenue. The Grants are in the process of completing a substantial new dwelling, which is replacing an earlier home that was at the site. Our understanding is that the earlier home met zoning setbacks and that the replacement home was also to meet zoning setbacks. We believe that this area is zoned for a side yard setback of 15 feet. The Grant's approved site plan showed a 16 foot setback along our common lot line. Recently, we observed a rather elaborate outdoor shower enclosure (picture attached) which seems to intrude at least half way into the required setback. I have attached a photograph of it looking east. The hedge in,the picture is on our common lot line. I have also attached a sketch showing where I believe the enclosure to be located. It is my belief that this structure attached to the Grant house does not comply with the setback requirements under the Barnstable Zoning Code. It is also very close to our property and will result in noise and possible drainage issues. We would ask that you inspect the site and initiate whatever action is required to have the structure brought back into zoning compliance. Please notify us of your findings and any enforcement actions in this matter. Your assistance is greatly appreciated. acerely, 0A Ann M. Lewis,Trustee f I - i 7 •.r . i i i s i i �# ..yy 7 f.r r� e� •!t il'.. �'*.! ) x 'sf ' r• � � {a fr/. � 1 • '� r'd i � �� f' �' � �*�. - +". ` ^ .fir '� F � �.#Y Y „r d.-i-.r�L. dy �'�, s" �sa,�, •"3 w( v �-f - � .`. �• 'ar,�rY .�•.F..+ � ,..t= Y 'tyr.,. fy,. `•"�. _ ~r;r' �_/h, tsM''@.s +ram. ' ,.`r° �"'; � J - �- `. >, AW AItAt ,A+w d+ t„' .+ .y�j. �• '',' •°�� rr� J.`l'ry 'f F r � AF f� `, �` �: �' Ir .. )P F�� t �r � .y x•'1.��a d "d' � ,�.-„r��,� � �,iE s'° �ij�:!!� [`1`� 'e ��e � d � +t ;y 4 _ ,rg`•� �, �� * s � � k` �'!.�•. "i " �'..-t� '+w t ,� ,�{•k ;� �'� 'r � t, y ! is iy R"�t£ wy`y��t `1 r ►° �yf'M�4# `'".e"�+' J .v, - f �' #ti`F �j ! y, � a�-°,•Cs,,,,t,,"rK���...a 4_.++..^�L;�p't.7 ,.f,. ���Jti� �!'r.+� ..���r�'-�,! �rf��.�'r�.+'���:!';" - � �,i.�r9�a ��,g�".": !k[ 40 ate' �` '•s#' � ±¢S r � � L ..p Dl i•iTD>>pap DPDPD>. ��Dp! p yS• � . 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Scali,Director A i639. pj� a Building Division TQ ✓AN 29 � Tom Per CBO Building Commissioner Perry, g OF11114. � 16 200 Main Street,Hyannis,MA 02601 4.www.town.barnstable.ma.us 'I/ 14,/Q� Office: 508-862-4038 Fax: 508-N,66230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parce umber / j�� � ��� ��� kc- /_Pro Address (� WIC(� � (/S��v`^' "'L 0), �5 P Residential Value of Work$ ai Minimum fee of$35.00 for work under$6000.00 /� IC7jOwner's Name&Address V��I V / 'I� Contractor's Name Ila A Telephone Number -7 — 2( w 6 Home Improvement Contrac or License#(if applicable) /ai /� P ( PP )�! �� Email: ('t 4lY��tS ConZorkamamn's ' -Supervisor's License#(if applicable) ` L� 6���! l� C pensation Insurance c one: am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name 7(txd!4Z2 Workman's Comp.Policy Copy of Insuranc Compliance Certificate must accompany each permit. Permit Requ t(check box) Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to Z(4 �e4culu ❑ Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.32)#of windows #of doors: I ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Per its required. *Where required: Issuance of this perm' oe not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. I ***Note: Xreired. wne must sign Pro Owner Letter of Permission. h ome Im ement tors License&Construction Supervisors License is SIGNATURE: QAWPFILESTORMS Iding permit forms�EXPRESS.dOC Revised 040215 1 27ze Comruonivealth of?Kassachmetts DePart muit ofIndushial Accidertls Off•ice of Investigations 600 Washington Street Boston,CIA 02I11 wFinurnass govIdia Warkers' Campensatian Insurance Affidavit: Builden/Contracturs/EIectr ians/Plumbers Applicant Infmrmation Please Print LeeibN NaMe(BusimesstOFganizatianffndEvidnai Address: City/state! - Phone 4- 2—� Are you an plover?Cfpe the appropriate box: Type of project(required): 1-❑ I a employer with 4. ❑I am a general contractor and I Ioyees(full atsdl`or part-time).* have lured the sub-contractors 6 ❑New construction 2. I am a sole proprietor or partner- listed on the attached sheet, 7_ ❑Remodeling s and have no employees. These sub-contractors have �P �P o3 8_ ❑Demolition working forme in any capacity- employees and have wosjcers' [No vvodaus'comp.insurance Comp_m¢nran'Li# 9- ❑Butldmg eddtilOn required-] 5. ❑ ale are a corporation and its 10:❑Electrical repairs or additions 3.❑ I am a homeoumeer doing all work officers have exercised their 11_❑Plumbing repairs or•additions myself [No workers'comp. right of exemption per MGL 12_❑Roof repairs. insurance required-]i C.1-52, §1M andwe have no employees_[No Workers' 11❑Other camp_insurance required.] •Aasyap 1k-&thatshedsboxif1r= also fM out the section belowshuv&g their workers'compensatiaapGHUiafnrmatian_ Hamemuners Who submit ibis af5davif indicating they are tlaiag sII Wort and hoe outside contracmrs mns#submit a new affidavit i"a;�n sacIi fCaa¢sctors tbat check this boat must attached as additianal sheet d=vmg the name of the sub-comRew1m aad state whether or not those entities hwe empimes.If the sub-contractors have employees,they muipmvide their worken'comp.policy number. lain art enepIny er tliat is pron ding workers'comvazsir ort insurance for my*employees. Below is the policy acid job site informration f Insurance Company Name: Policy;g or Self-ins.Lic. ��� F-xpiratian Date: /0 I Job Site Address: iji g gM'd 4VU City/State/Zp: l//tk o"l b S Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required.under Section 25A of MGL c� 152 can lead to the imposition of criminal penalties of a fine up to$1,50D OD an&or one-year imprisonment,as well as civil penalties.in the form of a STOP WORK ORDER and a fine of up to$250-00 a day against the-violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage terifrcation- I do hereby cerf fy tinder the pains attd penalties ofpetfury that t he information pnaui&d abo a ig true and correct Sitmature: I}ate: Phone ik OBIcial use only. ,Do not twits in this area,to be completed by city ortown oficiat City or Tana: Permiff icense# Issniag Anthtprity(circle one): 1.Board of Health 2.Budding Department 3.CtitylTown Clerk d.Electrical Inspector S.Plumbing Inspector 6.Other Contact Person: Phone#- Liformation and Instructions v Massachusetts Geheral Laws chapter 152 requires all employers'tn provide wo1keas'compensation for their employees. pM7SU.aut-to this statute,an.errPlayee is defined as."-.every person i a the service of another under any contract of hire, express or implied,oral or write" An mT&yer is defined as"air individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in.a Joiat enterprise,and inclnding the legal representatives of a deceased employer,or the receiver or trustee of an individual,parinersbip,association or other legal entity,employing employees- However the owner of a dweIlirig horse having not more than three apartments and who resides therein,or the occupant of the - dwelling house of another who employs persons to do mah tenance,construction or repair worts on such dwelling house or on the grounds or budding appurtenantthren to shallnotbecanse ofsach employment be deemed to be an employer." MGL chapter 152, §25C(6)also sites that"every state or local licensing agency shall withhold the issuance or renewal of a Hcense or permit to operate a business or to constrict buildings in the cominorrwealth for any applicantwho has not produced acceptable evidence of ctimpfian� [vith the insurance.coverage required" Additionally,MCrL chapter 152, §25C(7)states"Neither the c0lum aawoalih nor any of its political subdivisions shall enter into any contract for the peffoimance ofpublic worts until acceptable evidence of compliance with the inSUT31 ce. requirements of this chapter have been presented in the contracting aufaozity." egtm�m , Applican-ts Please fill out the wotkers'compensation affidavit completely,by checl::i:ag th_e boxes that apply to your situation and,if necessary,supply sob-contractor(s)mme(s), address(es)and phone number(s)along with their certificates)of Tncr„-ance. Limited Liability Companies(LLC)or Limited Liability-Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensafion insurance. If an LLC or LLP does have employees, a policy is required. B e advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should be retrTmed to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Shouldyou have any questions regarding the law or ifyou are regnaedto obtain a workers' compensation policy,please call the Deponent of the number listed below, Self-insured companies should enter thleir self-ice license nummba on the appropriate line. City or Town Officials . f - Please be sure,that the affidavit is complete and prh3ted legmly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the perm3 t license number which will be used as a reference nummber. In addition, an applicant that must submit multiple pem itlIicense applications in any given year,need only submit one affidavit indicating cmi-tat p olicy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)_"A copy of the-affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for f-t=permit or licenses. A new affidavit must be filled oiit each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (it. a dog license or permit to bum leaves etc.)said person is NOT regtrired to complete this affidavit The Office of Investigations would hke to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call- The Department's address,telephone and fax number. IbIe th of Massa-chusi-tts ' Deparinent of 1ndustial Accidents eve of Jstvesfigafio.As 60a waabgtou St=t Bwton,MA G1 111 Tf,-L#617 727-4900 Qxt 406 or 1-977-MA-SSAFF Fax 6 617-727-774 Revised 424()7 mas5-gQvf dia CF TFIE 1p� • snEuvsTwsr.E, • -. � MASS. Town of Barnstable ArED Mf►'l� Regulatory Services Richard V.Scali,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section. If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, j in all matters relative to work authorized by this building permit application for: (Address of Job) I Signature of Owner Date Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. QAWPFILES\FORMS\building permit formsTYPRESS.doc Revised 040215 f Town of Barnstable Regulatory Services oFIKE m Richard V.Scali,Director Building Division w snar►sznsr.E. Tom Perry',Building Commissioner z 200 Main Street, Hyannis,MA 02601 • AIFD www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# . CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occuRied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures.'A person who constructs more than one home in a two-year period shall not.be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules &Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:\WPFILES\FORMS\building permit forms\EXPRESS.doc Revised 040215 Massachusetts -Department of,Public Safety Board of Building Regulations and Standards Construction Supervisor l &2 Family ass License: CSFA-049915 ch':ri:ti• STEPHEN J GIATJ�E 106 Cape Drive. 7 y Mashpee MA 02649 Expiration Commissioner 07/21/2016 Office of Consumer Affairs & Business Regulation- Mass.Gov Page 1 of 1 The Official Website of the Office of Consumer Affairs&Business Regulation(OCABR) '' Consumer Affairs and Business Regulation Home Consumer Rights and Resources Home Improvement Contracting HIC Registration Complaints i♦ Registration# 125460 Home Improvement Contractor Registrant Registration Home Page Name STEPHEN GIATRELIS Address 106 CAPE DR. City, State Zip MASHPEE, MA 02649 Expiration Date 01/21/2018 Complaints Details No complaints found for this registrant. You can also view arbitration and Guaranty Fund history. Back To Search ©2012 Commonwealth of Massachusetts. Mass.Gov®is a registered service mark of the Commonwealth of Massachusetts. I https:Hservices.oca.state.ma.us/hic/licdetails.aspx?txtSearchLN=25423 1/22/2016 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map ' Parcel / ion # Health Division Date Issded I' Conservation Division Dh- 5Z3 -��`�� Application Fee Q G Planning Dept. Permit Fee Sn�A_D Date Definitive Plan Approved by Planning Board P Historic - OKH Preservation / Hyannis l - Z 1 Project Street Address Village, Owner C� ��!C ��(1�� Address �O Y� � �� rg J Telephone0�3- Permit'Request l �u X D 'Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new 'Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type /) i Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ' ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full 0 Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area(s. , o Number of Baths: Full: existing new Half: existing n _ Number of Bedrooms: existing _new , Total Room Count (not including bath:,): existing new First Floor Ro m Count- 5 Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other 00 Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stogy ❑ges ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Ye ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name ��� ��/uP� Telephone Number Address � License # Home Improvement Contractor# Worker's Compensation # (O-a1'67-9/53-13 ALL CONSTRUCTION DEBRP RESULTING FROM THISPRO lECT WILL BE TAKEN TO SIGNATURE DATE l FOR OFFICIAL USE ONLY ( APPLICATION# { 4 DATE ISSUED MAP/PARCEL NO. t ADDRESS VILLAGE , R OWNER r DATE OF INSPECTION: f FOVNDATION i FRAME ,l INSULATION 1 FIREPLACE ELECTRICAL: ROUGH mr FINAL r PLUMBING: ROUGH FINAL ,r GAS: ROUGH FINAL y FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le ibl Name (Business/Organization/Individual):� Address: � ?% t/ City/State/Zip: (� '7'�G� / ' bm5s> _Phone #: Are you an employer? Check the appropriate box: Type of project(required): I.M-I am a employer with b 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑ New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. employees and have workers' 9. ❑ Building addition [No workers' comp. insurance comp. insurance.: required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I I.❑ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.] t c. 152, §1(4), and we have no 13.❑ Other employees. [No workers' comp. insurance required.] 'Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. s /��f Insurance Company Name: / m Policy#or Self-ins.Lic. #: r -O'102,;W1 r3-1-3 Expiration Date: / )J /Af Job Site Address: �/l� '�Ti�d���/17�� City/State/Zip:,���Q�,0 Z&S-S Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi under ar nd penalties of perjury that the information provided ab ve is a and correct. Sijanattire: Date: 1 Phone#: Q 7 -BRO Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2. Building Department 3. City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: Rightfax C1-1 9/19/2013 5:02 :47 AM PAGE 2/002 Fax Server `"rH CERTIFICATE OF LIABILITY INSURANCE DATE(Mig/201 YYY) FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,-'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HO D . IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to he terms and conditions of the policy,certain policies may require and endorsement. A statement on this certificate does not confer rights to he certificate holder in lieu of such endorsemen s. PRODUCER CONTACT NAME: MURRAY&MACDONALD INS PHONE ` FFA 550 MACARTHUR BLVD (A/C,No,Exd): o): E-MAIL BOURNE,MA 02532 ADDRESS: 277XS INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A. 'TRAVELERS TNDEIANITYCOMPANY OFAMERICA GK MORE MARINE CONTRACTING INSURER B: INSURER C: INSURER D: P O BOX 596 INSURER E: COTUIT,MA 02635 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: BEM PERIOD NDICATED. NOTIAATHISTANDNG ANY REQARE3AM TERM OR CMIDI TION OF ANY CONTRACT OR OTHER DOWAM WTH RESPECT TOVYHCH THIS CERTIFICATE MAYBE ISSIFD OR MAY PERTAIN THE INSURANCE AFFORDED BY IM POMES DPSCRBED HEREIN IN IS MWECr TOALL THE TEFIA EXCUAiIONS AND COMMONS CF SUOi PDUCUM LMM SHOM MAY HAVE BEEN REDUCED BYPAIDCLA MS. MR ADD SUB POUCY E FF DATE POLICY DIP DATE LTR TYPEOFINSURANCE L R POUCYNUMEIER (MIAM YYY) (MMMYYYY) UMFrS GENERAL LIABILITY H OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE OCCUR. PREMISES(Ea occurrence) MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GERL AGGREGATE UMITAPPUES PER: GENERAL AGGREGATE $ POLICY PRQIECT❑LOC PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT(Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULE AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident)PROPERTY DAMAGE $ (Per accident) V RELLA LIAR OCCUR FLINCH OCCURRENCE $ ESS LIAB CLAIMS-MADE AGGREGATE $ UCTIBLE $ ENTION$ $ A WORKERS COMPENSATION AND X WCSTAnnrRY ;OTHER E MPLOYERS LIABILITY YIN UB-0702N153-13 07/01/2013 07/01/2014 UMTS B ANY PROPHRITORIPARTNEIVE9XECIfIVE OF FICERTABASER EXCLUDED? N/A E.L EACH ACCIDENT $ 1000,000 O&nd"In Ni) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 tlpes,de ICNn'be O E.L.DISEASE-POLICY LIMB DEiCRII'fICN oFOPeaAnrnls belay $ 1,000,000 DESCRIPTION OF OPERATICNSILOCATIONSNEHCLESIRESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CE MCATE ISSUED 70 THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. CERTIFICATE HOLDER CANCELLATION TOWN OF BARNSTABLE BUILDING DIVISION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED 200 MAIN STREET BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED W ACCORDANCE MM THE POLICY PROVISIONS. AUTHORIZED REPRESENT4VVE HYANNIS,MA 02601 ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1988-2010 ACORD CORPORATION. All rights reserved. Massachusetts -Department of Public Sa�et Board of Building Regulations and Standards Construction Supervisor Li6e'nse: CS-.0" 33 r GEORGE R GILLJ,VIO PO BOX 940 y COTUIT MA 0205 r Expiration -oommisstibner 06/10/2014 Unrestricted--13ud4ings of any use group which s contain le4s than 35,000 cubic feet (991 rn )of enclosed.space. ' ' I Failure to possess a current edition of the Massachusetts State Bullding Code Is cause for revocation of'thlsllcense; ! For DPIUcensing information visit: www.Mass.Gov1DPS i V lze•tpom�mwo a�UvGadGcacfi[[deCZd� Office of Consumer Affairs&Busi ess Regulation VME IMPROVEMENT CONTRACTOR regIstration: ,,J(234,94. Type: plration:�,2f2 2616" Ffirste.CaWati more Marine Con��ptiii� I u George Gillmore _` •37 Bowdoin Rd M9shpee,MA 02649 Undersecretary '. . d i 140Se or registration valid for individul use only befo-re the expiration date. If found return to: . Office of Consumer Affairs and Business Regulation ,a 10 Park Plaza-Suite 5170 Boston;MA 02116 t valid i out signature P�aF„ Teti Town of Barnstable Regulatory Services t SA LMSTAOLL Thomas F.Geiler,Director Huss i6J9 �0 prF 639, Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,Mrs 02601 Office; 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as,Owner of the subject p,operty. hereby authorize l ���`^^�Ce= �` � `^e-- to act on my behal�, i in all matters relative to work authorized-by this building pexmit•application for: (Address of Job) gnatine of Owner �� � . Date Print Name n•Tr1R}.fS:���'7YIsRPk'T�`TCCTC)N : I ; , A. PlE2 i 'Q° y - - C I I . IALIC --... r j { I I � I ! I 11P. ol I - I _ : I � � � L. .� ( I � I '. � . i wf 3•/�{._.I'3fR'r�-N-� — -- -- $ I-Pa�t�"�... T . .. _ -- : _ I I I ZI gm Qi.— 1 • JOB " 48230_Z000I Lawn - WIANNb TETRA TECH �• i I r ! t SHEET NO. 4 OF -;--- i RFo DATE 0%-14.12 T._.� .._I. ._ CALCULATED BY I ! �•• One Grant Street CHECKED BY DATEOq 0'6' 12 T ( I Framingham, MA 01701-9005 (508) 903-2000 SCALE MOo�F�ED WA1.1L �CTOIL. 4 t Doc:1.241.309 02--28-2014 11:55 BARNSTABLE LAND COURT REGISTRY DEPARTMENT OF THE ARMY r US ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT 696VIDMA0ROAD � CONCORD MA 01742-4{�Ik 28009 P9147 SS76 a 12 _ 27P January 13,20l V Q Regulatory Division 0 Z—i CENAE-R-PEA File Number:NAE-2013-00189 Qo 5'7 Oakleigh Trust d Ann Ann Marie Lewis,Trustee ID 266 Beacon Street Boston,Massachusetts 02116 V) Chartin Realty Trust ATTN:Charles R Grant,Trustee 54 Gray Cliff Road Newton,Massachusetts 02459 0 00 t�Cr.-r- Dear Ms. Lewis&Mr.Grant: U, � In accordance with your recent request,your Department of the Army permit,number �4--+- s NAE-2013-00189 issued on July 17,2013,is hereby amended. This project is located in Q 0'- Phinneys Bay at 510&524 Wianno Avenue,.Osterville,Massachusetts. The work is shown on the plans entitled"PLANS ACCOMPANYING PETITION OF MR.LEONARD LEWIS TO CONSTRUCT AND MAINTAIN A PIER&BOARDWALK IN PHINNEY$BAY, BARNSTABLE(OSTERVILLE),MA",on 5 sheets,dated"July 6,2013" d on the plan entitled"Existing Conditions Plan",on 1 sheet,with a revision date of"6/11/13." The work is to construct an 8 foot by 16 foot fixed platform supported on 6 inch by 6 inch posts with a kayak rack and sitting bench. Also,a 42 foot by 4 foot walkway supported by 6 inch by 6 inch posts �0 will be constructed along with a 24 foot by 2.5 foot boardwalk. Additionally, 190 feet of the previously constructed walkway is to be rebuilt. This amendment removes special condition I which requires the removal of a row of stones prior to conducting the above mentioned work as you have provided adequate documentation that the row of stones were authorized under 33 CFR Part 330.3. All other conditions of the original authorization remain in full force and effect. Your project is located within,or may affect resources within the coastal zone. The Massachusetts Office of Coastal Zone Management(CZM)has already determined that no further Federal Consistency Review is required. This authorization requires you to complete and return the attached Work Start Notification M Form to this office before the anticipated starting date. You must also complete and return the J' enclosed Compliance Certification Form within one month following the completion of the authorized work. L-�l- . � / We continually strive to improve our customer service. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at htt2//yer2 nwn usace army mil/survey.html Please contact,Richard Kristoff,of my staff at 978-318-8171 if you have any questions. Sincerely, p /Karen K.Adams ��� •' •j �� Chief Permits &Enforcement Branch �''��•,f h'�1!�,5•�;�+'�r Regulatory Division Attachments Copies Furnished: Ed Reiner,U.S.EPA,Region 1,Boston,Massachusetts,reiner.ed@epa.gov Elizabeth F.Kouloheras,DEP SERO,Wetlands and Waterways,Lakeville,Massachusetts, c/o lisa ramos@state.ma us Robert Boeri,Coastal Zone Management,Boston,Massachusetts,Robert.Boeri@state.ma.us Rob Gatewood,Barnstable Conservation Commission,Barnstable,Massachusetts, conservation@town.barnstable.ma.us Arlene Wilson,A.M.Willson Associates Inc.,.Mastons Mills,Massachusetts, amwilsonassoc@amwilsonassociates.com L ARNSTADLE CECiSTRY OF DEEDS TRUE COPY,A'ITESTN F.MEADE,REGISTER BASNSTABLE REGISTRY OF DEEDS Doc=1Y241Y308 02-28-2014 11=55 r BARNSTABLE LAND COURT REGISTRY DEPARTMENT-OF THE ARMY ` NEW ENGLAND DISTRICT,CORPS OF ENGINEERS 696 VIRGINIA ROAD CONCORD,MASSACHUSACHUSETTS 01742-2751 REPLY TO Jul 17 2013 ATTENTION OF y Bk 2soog F`994 575 Regulatory Division 02-29-2014 a 12 a 27P CENAE-R-PEA File Number:NAE-2013-00189 Oakleigh Trust ATTN:Ann Marie Lewis,Trustee 266 Beacon Street Boston,Massachusetts 02116 Chartin Realty Trust 'ATTN:Charles R. Grant,Trustee 54 Gray Cliff Road Newton,Massachusetts 02459 I Dear Ms.Lewis&Mr.Grant: We have reviewed your application to construct an 8 foot by 16 foot fixed platform supported on 6 inch by 6 inch posts with a kayak rack and sitting bench. Additionally,a 42 foot by 4 foot walkway supported by 6 inch by 6 inch posts will be constructed along with a 24 foot by 2.5 foot boardwalk connecting the new structure to a previously grandfathered walkway. Also, 190 feet of the previously constructed walkway will be rebuilt. Furthermore,this project involves the removal of an existing pier structure and a row of stones requiring the placement of plywood on saltmarsh to complete the work. This project is located in Phinneys Bay at 510& 524 Wianno Avenue,Osterville,Massachusetts. The work is shown on the attached plans entitled"PLANS ACCOMPANYING PETITION OF MR.LEONARD LEWIS TO CONSTRUCT AND MAINTAIN A PIER&BOARDWALK IN PHINNEYS BAY, BARNSTABLE(OSTERVILLE),MA",on 5 sheets,dated"July 6,2013'And on the plan entitled"Existing Conditions Plan',on I sheet,with a revision date of"6/11/13." Based on the information you have provided,we have determined that the proposed activity,which includes a discharge of dredged or fill material into waters or wetlands,will have only minimal individual or cumulative environmental impacts on waters of the United States, including wetlands. Therefore,this work is authorized as a Category 2 activity under the attached Federal permit known as the Massachusetts General Permit(GP). This work must be performed in accordance with the terms and conditions of the GP and also in compliance with the following special conditions: 1. The row of stones shown on the plans shall be removed prior to the construction of the new structure. 2. The existing pier structure to be replaced shall be removed prior to the construction of the new structure. -2- 3. Future expansion of the pier,ramp,and float structure may require an Individual Permit. The National Marine Fisheries Service has not provided conservation recommendations regarding the effects of your project on Essential Fish Habitat(EFH)as designated under the Magnuson-Stevens Fishery Conservation and Management Act. You are responsible for complying with all of the GP's requirements. Please review the attached GP carefully,in particular the GP conditions beginning on Page 6,to familiarize yourself with its contents. You should ensure that whoever does the work fully understands the requirements and that a copy of the permit document and this authorization letter are at the project site throughout the time the work is underway. This determination becomes valid only after the Massachusetts Department of Environmental Protection(MassDEP)issues or waives Water Quality Certification(WQC)as required under Section 401 of the Clean Water Act. In the event the MassDEP denies the 401 WQC,this determination becomes null and void. The address of the MassDEP Regional office for your area is provided in the attached GP. Your project is located within,or may affect resources within the coastal zone. The Massachusetts Office of Coastal Zone Management(CZM)has already determined that no further Federal Consistency Review is required. This GP expires on January 20,2015. Activities authorized under this GP that have commenced(i.e.,are under construction)or are under contact to commence before this GP expires will have until January 21,2016 to complete the activity under the terms and general conditions of the current GP. For work within Corps jurisdiction that is not completed by January 21,2016,you will need to reference any reissued GP to see if your project is still authorized under Category 1 (no application required),or Category 2(application required). If it is no longer authorized you must submit an application and receive written authorization before you can continue work within our jurisdiction. Please contact us immediately if you change the plans or construction methods for work within our jurisdiction. This office must approve any changes before you undertake them. This authorization requires you to complete and return the attached Work Start Notification Form to this office at least two weeks before the anticipated starting date. You must also complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work. This authorization presumes that the work as described above and as shown on your plans noted above is in waters of the U.S.'Should you desire to appeal our jurisdiction,submit a request for an approved jurisdictional determination in writing to this office. t -3- This permit does not obviate he need to obtain other federal,state,or local authorizations required by law,as listed on Page of the GP. Performing work not specifically authorized by this determination or failing to corr ply with the special conditions provided above or all the terms and conditions of the GP may subject you to the enforcement provisions of our regulations. We continually strive to improve our customer service. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at http://per2.nwg.usace.army.mii/stiriev.htmi Please contact Richard Kristo 1',of my staff at 978-318-8171 if you have any questions. Sincerely, aren K.Adams Chief,Permits&Enforcement Branch Regulatory Division Attachments Copies Furnished: Ed Reiner,U.S. EPA,Region 1,Bo ton,Massachusetts,reiner.ed@epa.gov Elizabeth F. Kouloheras,DEP SER ,Wetlands and Waterways,Lakeville,Massachusetts, c/o lisa.ramos@state.ma.us Robert Boeri,Coastal Zone Management,Boston,Massachusetts,Robert.Boeri@state.ma.us Rob Gatewood,Barnstable Conservation Commission,Barnstable,Massachusetts, conservation@town.bamstable.ina.us Arlene Wilson,A.M. Willson Associates Inc.,Mastons Mills,Massachusetts, amwilsonassoc@amwilsonasso iates.com 348 EAST BAY ROAD BARNSTABLE,TOb'1N OF(BEACH, ti J.. �•I 1:- 1•� F�.Y• Nantucket 0 WIANNO AVENUE Sound • r�EC �Q LEWIS.ANN MAPIE TR -�vA"•' •'.a��: � � ���ra EXISTING q�tOq EXH. C BOARDWALK 524 WIANNO AVENUE Phinney's Bay BOOELL.STANLEYCJRTR M L.W.EL.=0.0 ♦ OQ LIMIT OF SALT MARSH a QCi M.H.W EL tZ.7 LIMIT OF js WETLAND s y.. � m {yHRACMITES a F �p HEDGES(TYP) •o IA'4N EDGE � '398 EAST BAY ROAD 510 WIANNO AVENUELEWIS,ANN MARIE TR REHNERT, BERNADETTE T TOP OF COASTAL +� ZONE,EL.12 N G.V.D. ���AN.Of Q„ OBERT 486 WIANNO AVENUE $ RDAYLOR `REHNERT, BERNADETTE QJQ,�J AE 2010, CISTE� �O ND 1% 3a 12 0 75' 150' 300, OVERALL SITE PLAN -~ PLANS ACCOMPANYING PETITION OF SCALE. 1"= 150' MI'. Leonard Lewis - NOTE:ELEVATIONS ARE BASED ON M.L.W.4.0 TO CONSTRUCT AND MAINTAIN A PIER& BOARDWALK&TO REPAIR AN EXISTING BOARDWALK IN PHINNEY'S BAY,BARNSTABLE (OSTERVILLE).MA Prepared By- TETRA TECH One Grant Street Framingham, MA 017,01 natP .)tIivR ,nI 23 wok WALK El=,Z LIMIT OF SALTAU.?SH �X/ wALA Y / � c X � UA 'N P h i n n es Y' a F�•l:e ` v ' k k Ba y / �, X ' � BOARDWALK X ! /�� f 1 1 LANDING EL.+I 6 welt Ft,•t.r / cl r � / Ae ?LANK W WAY f / jo GRACE / OF o F40t3ERT F. j No.2010a / i 9 / JR ;TONES / / �. �CISTE��' LAINK y �,� EPGg/VV / �Jy�6Ps�, "q r�^ 1t 30 l o / dv ��TO '�F D E.P. �� SCALE: 1"= 30' � � ti OeOASTAL BANK ,/EL�2 N G�V.p;NE, NOTE;ELEVATIONS ARE EASED ON M.L.W.=0.0 PLANS ACCOMPANYING PETITION OF MR. LEONARD EXISTING CONDITIONS PLAN LEWIS TO CONSTRUCT AND MAINTAIN A PIER & BOARDWALK & TO REPAIR AN EXISTING BOARDWALK IN Prepared&y- TETRA TECH PHINNEY'S BAY, BARNSTABLE (OSTERVILLE), MA '� One Grant Street Dale July 6, 2012 Framingham, MA 01701 _v, OtL .. N WALK � t' .EL.-3 2 LIM;7 OF SAL T"IS'r•. � r � 4 � / /Iv1ATCH EXISTING V! LK ELEV.=3.2 6 4 k It! / � ^ Phinney's _ � - t X. Bay BOARDWALK LANDING EL.•9. /REBUILD 190'OF EPSTJN) 30"WIDE (f0 8E REMOVE)) � / ELEVATED WALKYVAY. LOPE WALKWAY FROM ,f� �� ELEV.=4.3 AT PROPO PIER TO PROPOSED 24'LONG P ELEV.=3.2(M1JATCH E STING.GRADE) 30"WIDE ELEVATED WALKWAY �` 00 •� f WITH ROP' CIE ALif NG SOUTH SIDE tp//ROPE GUIDE ALONG SOUTH .� �' !�� SIDE(ROCKS TO BE REMOVED) PROPOSED LADDER PROPOSED PIER / `lt r i NE W 8CARDV4 LK GATE. - G'xS•POSTITYP) 0d �`hl-S'•�ti c PROPOSED----'B j KAYAK RACK / /.':1;r� kENtOVE f}T GR_11DE r,,��--•_ /P,1NK.0J�ILKWAI ' * ROaiRT F. l •'' ter•• ���'S��...:' .9 ���!j `�/. ,--•/ / T %�..- u UACL�:I2 e 9ROPOSf.D p r / / i' �"l h R No 1. .� 3741 s ITTLNG•BENCHr ROW OESTOrrES °' /tlr / / V ik, / ,ff f�``' L' •; 41 tAWN� / r�S,76PS ,� N f ,� �• �• ,`��//, r // o�qS� �. 'P�� SCALE: V'= 30' LIMIT Ca•6LTM4&' TOP-OF D.E.P. �2 ' JIETAININ .ALL•• i l�� ! ,EOASTAL BAN /PERti,I;rE NDEy� e' [ , ,- (FEMA A-13 ZONE. PARAT ILING / EL 12 N.G.V D) NOTE:ELEVATIONS ARE BASED ON M.L.W.=0.0 PLANS ACCOMPANYING PETITION OF MR, LEONARD PROPOSED CONDITIONS PLAN LEWIS TO CONSTRUCT AND MAINTAIN A PIER& BOARDWALK&TO REPAIR AN EXISTING BOARDWALK IN Prepared B/ TETRA.TECH PHINNEY'S BAY,BARNSTABLE(OSTERVILLE),MA One Gran',Street Framingham,NIA 01701 Date July 6,20112 i _ Ir I - -T-V W W . MATCH LINE I — 0 w j C3 S J IL it o I [ c�— I l � U O °z o = z z 90I m c� _ (n0. '\ m z I c) Y Emu it - °wow I = (n O 0 D dV \ 0 r D =uJd 04 ad:+ U) cc IDDOD tgi r m�6 = 00 a (i MATCH LINE ~ =;WO ° W u� gw � x LL rnU O II I ao f.. y W. 3•_p,. O Q, (3)2"x12"FOR DECKING O w w _\\� m WITH 314"SPACING ¢ jam c I- o it a N O Y � �F- >LU > ? X O 1 � \ U a UJ /7r'�ESN OF 144sp 1 2"x 8°BENTS m a vLUi y ERT ROB qua c F. 2 EACH 112"DIA HEX —/ BOLTS W1 NUTS AND o u DAYLOR WASHERS f) 237 > w 6"x 6"WOOD y Fs 0 LE �►1 TIMBER SUPPORT ^ 9 PIER SECTION SCALE; NONE PROPOSED PIER PROFILE &SECTION PLANS ACCOMPANYING PETITION OF MR.LEONARD NOTE:ELEVATIONS ARE BASED ON M.L,W,=0.0 LEWIS TO CONSTRUCT AND MAINTAIN A PIER& BOARDWALK&TO REPAIR AN EXISTING BOARDWALK Prepared By TETRA TECH IN PHINNEY'S BAY,BARNSTABLE(OSTERVILLE),MA One Grant Street Framingham,MA 01701 Date July 6,2012 Z 2.02"CLEAT, THRU-BOLTED WITH(6)3/8"CARRIAGE BOLTS d m 0 WITH 1"WASHERS(2 STAGGERED THROUGH EACH DECK PLANK), rn v AT CENTER OF EACH 8'SPAN. a r- (n REBUILD 1917 OF WALKWAY rn m n p N-d ca � c � ROPE GUIDE ON SOUTHSIDE 0 0 _ i cn 1 Af _ m TRANSITION ELEV.FROM 4.3 TO 3.2 2 k10' DECK . t" -n O -i D VNIV m o Ri m 7C — — — — M.H.W. EL.=2 3 fD --1 'n CD1F� S..sr. tr ! = :i. ?� �� (`' ��'2 v 9f� 8"BE 3 cnit X ut o z II. ni o co cn 'a S 4'k4"POST EXISTING SLOPE MARSH GRASS 00 ` fR-- ,��:•` s•O.C. (rrP) BOARDWALK PROFILE p „♦ r'S SL3' �4 r:o• Z 0" SCALE: 1"=5' 4-24-POST WITH _ TVIROUGH HOLE m r -0 FOR ROPE GUIDE ZD � z o � m cn 1312-xt(^FOR DECKING In I.D., C) WITH V4'SPACING 2 EACH 1/2-OIA.11EX. M A O O © BOLTS M NUTS All > Q° z 9 O 2-x8`GENTS O WASHERS W 0 —1 D O OOTH SIDES OF 4-x4'S p Z m n z D � Z +� 4N4-POSTS(TYP) oroD pM mz K _� M r —p O x Z Z En M -f-I D 0 « Z D .r W X7 m D m m o Po z BOARDWALK SECTION n ; SCALE: NONE � v z 1 18650 A ' PLAN OF LAND IN BARNSTABLB wianno Nelson Besrse, Oivii engineer x NOVZMBCR 30, 1942. a . .G� ��. p C `�' •h Cc11 A �` ,��•w p L NA . � a o 'yaM. •s`''� I � �o� � ® r• x . w Y of j •, � - y 's CA b a O h ` b t`V`' h JJJ�k Rol Z RkCn V .OP� y r� 1 (Wig fir.A°ll/reJ I/it J *W/A N N O 11:�tf4411.0...t x� A V E NUS cwor ftorpl ran Awwb I8587A PLAN OF LAND IN BARNSTABLE (Wianno y'• i� Scares 6 Xellogg, Olvil Engineers OCTOBER 10, 1941. �0 4! 9 y os(An arm Of tkSea) rill� 1.,�•; -� ,�,.orsa'ro' �� � cr o� It IL ow tj ro 600 44 tsar •-........ '• it.Soo',t•aJORM o• f ,/rc.2r , •� e ai.aaaTs ,o' At f o 5500 v O� 111 At.aOa'IO' f���Q• ��Jai N� � Y f��11' t ® h r w t ►tee t�t . i, /too *•�.. W/ ANNO seZs9 AVENUE y"ata,at,.wi i f `00ze W '� Z ��aePi'A rt�f� i 18587 SUBDIVSSION PLAN OP LAND -IN BARNSTABLE ' Barnes Engineering Company, Inc. Surveyors as►y. . 'o '^ September 27, 1968 NI l5�' ..WOOD60 4 Ok 41 43 11 si 02 04 1. r d/nr-e� io K' t. V [fir x'!EO_ ��I 'tbo6 vf9J l` �< MA 07 ! betVA, It Jr 0.� U� 0 h !I ��• � �)en /SJ09 O ���?� Prwri !ss'er A � i�� �i c•rd. Batt edri: Fi•44 k `14 �! ash �fi •'�•s• W1,4NN0 AVENUE t sL.C.4.0./40YG.4 V W104 esrA.Na....... Subdivision of Lots A end 01 b Shown on Plans 18587A and 18587E Filed with Oert. of Title No.e 6�44 and 9222 Registry District of Barnstable County �Dm►a ortirke(ps of 11.44 mte issued far lend /ti'Al4i.fR�it..1..1.1CAe.............. �t '7 �AAppdl narplan yiµo¢bSY .GL�Y+�S��cm 1 F ^� � EXH. ` 3763.53 7y 6t .. EASEMENT AGREEMENT RODELX to Lk'�1IS I' rri mrn N co f zs7x;o„ . CCihdMl.�XS AT LAW { t �8.OFFtcm @HDaC 377 EASEMENT AGREEMENT KNOW ALL MEN, That STANLEY C. BODELL and PATRICIA C. SODELL, of 65 East Orchard Avenue, Providence, Rhode Island, �- as tenants by the entirety, in consideration of One Dollar ($1.00), herby grant to M. LEONARJ LEWIS al ANN MARIE LEWIS, of `• *4 iQ IN,.4 �i.e.�et��i" !!//$acts, +=County, Massa- chusetts, as tenants by the entirety, an easement of way in common with grantors herein, along a certain boardwalk approxi- mately four feet (4') in width on the east/northeasterly side of grantors' land desbed at_CerEi:f-icate-o-f-Tateu=-5� � as recorded in the Barnstable County Registry District of the � Land Court, all subject to the following restrictions and nota- tions; g (1) said easement of way shall 'extend to and be used solely by grantees. individually, grantees' immediate family, and r i grantees' house guests at any time res' � in the principal residence or dwelling house located at Avenue, Barn- residence_ �� .__.,:,,, Bsr^stab►e r.+„nty, Mwzrachu setts, said {I� sta UJe %VJ b�-Lr�aa�-/ , J j %JI I land presently being owned by grantees as tenants by the en- I tirety as avidericed:by 730":1:fisat�:�:f:����_�0_ 6.10-4) recorded in the Barnstable County Registry District of the Land Court and being next adjacent to grantors' land described above; I (2) said easement of way shall not extend to or be used by p any other persons, including grantees' tenants, licensees, 7 iservants or employees, without grantors' prior written consent delivered to grantees , or either of them; f (3) grantees shall suffer no use to be made of said easement of way other than to pass and repass by foot directly to and , from beachfront or shorefront land owned by grantees, or either of then, for recreational purposes; (4) the width,I:e-n- �and_line�of_said�easement shall be the wid-th,�length and�fine of"that_eer_faain bocrdwa.lk_pr_esentl.y in situ along the easy/ heaste�rIy:sid� eof�granftors'=1____and_des' crilied above;and=if--sand boardwalk ever be_re.paired o_rreplaced�' (due=Co=decay�or deterorion-,_the-replaced or_repai.r_eri'board; walk sha21 in no- instance deviete_from—the �iidth;�l ne gtih ar=line of=the-present-boa-rdw-a-lk-a-nd-sh_`al;l'_incl.ude-no fu'rGhe-r enhan-cep vents or improv�e�ments 3�� , (�) said boardwalk and easement of/;.aand ll be maiti- tained in repair by and at grantees' st and expense, but only in each and every instance ntors' written consent prior to work being performen consideration 1_ for the instant grant, grantees indemnify and hold grantors harmless against any and all claims or demands hereafter made by any person for damages or harm suffered by or occasioned to persons or property by, at or upon said hoard- .+ walk or easement of way or by t e ��Un.g of eepaaiirs theret �`��{ita��•(Cal1�►t2%�.��C1��[Ga'SL�IQr'`f" ���3 `C[e I� "(h�{,lJrl �� �'���C�i%���,�•0�1�� This=Easement"Mgreemenf shall inure to ana—be binding upon the parties hereto and their respective heirs, grantees, executors and assigns. This Easement .Agreement contains the R entire understanding of the parties with respect to the matters herein presented and supersedes all prior or con- temporaneous oral or written statements or agreements. This Easement Agreement may be modified, amended or terminated only. by the parties hereto or by the operation of law. 0-M A �yb r IN WITNESS WHEREOF, the pa ties hereto set their hands ' and seals this day of SePrP&4r, 1965. I tan ey C Bo dell r c oc Patricia C. Bo del eonar is I e i!Ye. r:1 Ann Marie Lewis 0� 1^g 1 4f' w 2 — , THE C0MMONWEALT11 OF RASSACNUSETTS Barnstable, ss Then personally appeared before me the above-named Stanley C. Bodell and Patricia C. Bodell and acknowledged the foregoing instrument to be their free act and deed. I ,��,.1.,.4.. . Notary Public Jy--+ ;4 E "•., My commission expires: Jto q i i ITHE COMMONWEALTH OF M_ASSACHUSE;rTS Barnstable, ss Then personally appeared before me the above-named ' M. Leonard Lewis and Ann Marie Lewis and acknowledged the foregoing instrument to be their free act and deed. { Notary Public POP GUF . My commission expires ; _ P �• � YYY a , --3-. ;i I. � J 0 o DAR}(.aTktlt.t c;ou,��� REGiSTR. or DEEDS JOHl l F. MEADE MAY b 1130 AN ' Doc= 1s189Y327 04-13-2012 11 : 17 BARNSTABLE LAND COURT REGISTRY 2-k 26255 F":931.7 21ci4;B eD4-1:8-2 a12 @ Massachusetts Department of Environmental Protection Provided by MassDEP: �.�-- Bureau of Resotgce Protection-Wetlands MassDEP File#:003-4997 }` WPA Form 5 - Order of Conditions eDEP Transaction#:463026 I t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:BARNSTABLE A. General Information 1. Conservation Commission BARNSTABLE 2. Issuance a. r. OOC b.r Amended OOC 3.Applicant Details a.First Name ANN MARIE b.Last Name LEWIS,TR. c.Organization OAKLEIGH TRUST d.Mailing Address 266 BEACON STREET,2ND FLOOR e.City/Town BOSTON f.State MA g.Zip Code 02116 4. Property Owner a.First Name (SEE ATTACHED LIST) b.Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location a.Street Address 510,524&0 WIANNO AVENUE b.City/rown BARNSTABLE c.Zip Code 02655 d.Assessors Map/Plat# 162& 163 e.Parcel/Lot# 009,016,027 f.Latitude 41.62055N g.Longitude 70.36841 W 6. Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page BARNSTABLE (SEE ATTACHED) 7.Dates a.Date NO]Filed: 2/29/2012 b.Date Public Hearing Closed: 3/27/2012 c.Date Of Issuance: 4/5/2012 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE PLAN(2 TETRA TECH ROBERT F.DAYLOR,P.E. 1/19/2012 1"=20' SHEETS) MODIFIED WALK . RFD TETRA TECH N/A DETAIL SKETCH 2/24/2012 N/A B. Findings Page 1 of 9 * ELECTRONIC COPY A3 & 8 - Subject Properties Map/Lot Registry Citation Street Address Owner Name &Address 162/9 L. Ct PI 18650A 510 Wianno,Avenue Oakleigh Trust Ct #61674 266 Beacon St., 2nd Floor Boston, MA 02116 163/16 Deed Bk 8592 Pg 46 0 Wianno Avenue Oakleigh Trust (As Above) 163/27 Cert. #135100 524 Wianno Avenue Stanley C. Bodell,.Jx, Et Al L. Ct Pl 18587c Lot 1 704 Bob White Lane re, C} 16 q!S Naples, FL 34108 i i L1Massachusetts Department of Environmental Protection Provided by MassDEP: �3_ Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5 - Order of Conditions eDEP Transaction#:463026 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40City/rown:BARNSTABLE 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the 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: a. r Public Water Supply b. FLand Containing Shellfish c.r Prevention of Pollution d. r_- Private Water Supply e. F. Fisheries f. F Protection of Wildlife Habitat g. r- Ground Water Supply h. r: Storm Damage Prevention i. r Flood Control ; 2.Commission hereby finds the project,as proposed,is: Approved subject to: a. F.-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. Denied because: b.F' 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 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. F.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 interests of the Act,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 r. Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMRI0.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r-Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r- Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged Page 2 of 9 * ELECTRONIC COPY LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5- Order of Conditions eDEP Transaction#:463026 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/I'own:BARNSTABLE 7.f-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.C-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 9.F_Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed -Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r-Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.F Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches 16 16 0 a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes 204 204 0 a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a square feet b.square feet 17.F Salt Marshes 442 442 0 a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds 246 246 a.square feet b.square feet 0 c.c/y dredged d.c/y dredged 19.r Land Containing Shellfish Page 3 of 9* ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MasSDEP: Bureau of Resource Protection -Wetlands MassDEP File#:003-4997 Lll � WPA Form 5 - Order of Conditions eDEP Transaction#:463026 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:BARNSTABLE a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above . c.c/y dredged d.c/y dredged 21.r.Land Subject to Coastal Storm Flowage 948 948 a.square feet b.square feet 22. r— Restoration/Enhancement(For Approvals Only) 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.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/numberlof replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 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. 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. S. 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 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. 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. Page 4 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5- Order of Conditions eDEP Transaction#:463026 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:BARNSTABLE 9. 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:"003-4997" 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 Mass DER 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. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) r is not(2)F subject to the Massachusetts Stormwater Standards. If the work is subject to 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 Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 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:i.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 Page 5 of 9* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5 - Order of Conditions eDEP Transaction#:463026 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:BARNSTABLE 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;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 19(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 Pollutant 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 19(o through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(o through 19(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. 0 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. 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. 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. I) 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. Page 6 of 9 * ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5-Order of Conditions eDEP Transaction#:463026 �; Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CityfFown:BARNSTABLE Special Conditions: D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?F, Yes F No 2• The Conservation Commission hereby(check one that applies a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. I✓ APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or Bylaw TOWN OF p y BARNSTABLE 2.Citation S.237-1 -237-14 3. 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: SEE PAGES 7.1,7.2,AND 7.3 Page 7 of 9* ELECTRONIC COPY I SE3-4997 Name: Ann Marie Lewis, Trustee Submitted Plans= January 19, 2012 Site Plan (2 sheets) by Robert F.Daylor,P.E., and February 24, 2012 "Modified Walk Detail"Sketch by RFD Tetra Tech Special Conditions of Approval I. Preface Caution: Failure to comply with all Conditions of this Order of Conditions may result in serious consequences. Such consequences may include issuance of a Stop Work Order,line(s),the requirement to remove unpermitted structures,requirement to re-landscape to original condition,the inability to obtain a Certificate of Compliance,and more. The General Conditions of this Order begin on Page 4 and continue on Pages 6 and 7. The Special Conditions,if necessary,are contained on Pages 7.1,7.2 and 7.3 All Conditions contained herein require strict compliance. II. Prior to the start of work,the following conditions shall be satisfied: l. Within one month of receipt of this Order of Conditions, and prior to the commencement of any work approved herein,General Condition Number 9(recording requirement)on Page 4 shall be complied with. 2. It is the responsibility of the applicant,the owner and/or successor(s),and the project contractor,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. Barnstable Conservation Commission Forms A and B shall be completed and returned to the Commission prior to the start of work. 3. General Condition No. 10 on Page 5 (sign requirement)shall be complied with. 4. The Conservation Commission shall receive written notice one(1)week in advance of the start of work. r The applicant shall obtain a building permit for the proposed pier and boardwalk from the Town Building Commissioner. Page 7.1 6. A revised plan shall be submitted for Commission approval showing: the proposed pier platform not exceeding 128 square feet; the proposed boardwalk width no greater than the existing 2.5 foot boardwalk; and,the boardwalk with a rope handrail,if a handrail is needed. III. The following additional conditions shall govern the project once work begins: 7. General Conditions Nos. 13 and 14(changes in plan)on Page 5 shall be complied with. 8. The Conservation Commission, its employees, and its agents shall have a right of entry to inspect for compliance with the provisions of this Order of Conditions. 9. Unless extended,this permit is valid for three years from the date of issuance. 10. All areas disturbed during construction shall be revegetated immediately following completion of work at the site. No disturbed areas shall be left unvegetated or unmulched for more than thirty(30)days. Mulching shall not serve as a substitute for the requirement to revegetate disturbed areas at the conclusion of work. 11. Salt marsh shall not be disturbed. 12. CCA-treated piling and structural timber(greater than three[3] inches thick)are allowed. Otherwise,no CCA-treated or creosote-treated materials shall be used. 13. Deck plank spacing shall be at least three-quarters(3/4)of an inch. 14. All refuse from the old platform and boardwalk to be replaced shall be removed from the site and appropriately disposed of. 15. Permanent piling shall be augered into place in vegetated areas. 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. 16. Motorized craft shall not be used or berthed at the approved pier. 17. A small sign shall be displayed at the end of the pier. It shall read: SE34997; 510 Wianno Ave. Limitations: • No motorcraft allowed Page 7.2 r 18. Lead piling caps shall not be used. If plastic caps,only black shall be used. 19. The applicant may maintain, in conformance with the plan of record,the proposed boardwalk for the longevity of the Order of Conditions(3 years). Thereafter,maintenance may be requested in the Certificate of Compliance. 20. In this Order,a mooring permit for the applicant is neither implied nor anticipated. Such a permit is-the domain of the Harbormaster. IV. After all work is completed,the following condition shall be promptly met: 21. 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 along with the request for a Certificate of Compliance and the appropriate fee. Where a project has been completed in accordance with plans stamped by a registered professional i engineer,architect,landscape architect or land surveyor, a written statement by such a professional shall be submitted,certifying substantial compliance with the plans,setting forth what deviation(s), if any,exists with the approved plans. This statement,along with Form C and fee,shall accompany the request for a Certificate of Compliance. Page 7.3 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE3-4997 WPA Form. 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Barnstable Cityrrown E. Signatures . . Important: This Order is valid for three years, unless otherwise specified as a special APR - 5 2012 When filling out condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance forms on the computer,use Please indicate the number of members who will sign this form. J!' only the tab key This.Order must be signed by a majority of the Conservation Commission. 2.Number of Signers to move your cursor-do not The Order must be mailed by certified mail (return receipt requested)or hand delivered to use the return the applicant. A copy must be mailed, hand delivered or filed electronically at the same y time with the appr 'ate MassDEP Regional Office. j reb Signatures: ❑ by hand delivery on ® by certified mail, return receipt requested, on APR — 5 7R17 Date Date F. Appeals 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 of 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 CMR 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. wpa5sigs.doc• rev.02/25/2010 Page 1or� Massachusetts Department of Environmental Protection Provided by MassDEP. Ll� \- Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5 - Order of Conditions eDEP Transaction#:463026 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:BARNSTABLE E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified 4/5/2012 pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended Order expires on the same date as the original Order of Conditions. 1.Date of Original Order Please indicate the number of members who will sign this form.This Order must be signed by 5 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: LAURENCE MORIN i DENNIS R.HOULE LOUISE R.FOSTER PETER SAMPOU SCOTT BLAZIS r by hand delivery on r by certified mail,return receipt requested,on Date Date F. Appeals 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 CMR 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. Page 8 of 9 * ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:003-4997 WPA Form 5- Order of Conditions eDEP Transaction#:463026 ' 1 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:BARNSTABLE G. Recording Information 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. BARNSTABLE Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. .....................................,.................................................................................................................................................................. To: BARNSTABLE Conservation Commission Please be advised that the Order of Conditions for the Project at: 510,524&0 WIANNO AVENUE 003-4997 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of. County Book Page for. Property Owner (SEE ATTACHED LIST) 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 I BAR Rev.annoio REGISTRY OF DEEDS A TRUE COPY,ATTEST e'l� Page 9 of 9*ELECTRONIC COPY JOHN F.MEADE REGISTER BARNSTABLE REGISTRY OF DEEDS 1 2 3 4 5 6 7 Er o moo V L C c O ' 2"x12" CLEAT, THRU-BOLTED WITH (6) W a 3/8"CARRIAGE BOLTS WITH 1"WASHERS °? E � (2 STAGGERED THROUGH EACH DECK PLANK), PROPOSED Oc X AT CENTER OF EACH 8' SPAN. PIER EL.=4.3 s Q (2"x12" DECKING) E " BLOCK RETAINING WALL PROPOSED 48' PIER o F 9 PERMITTED UNDER N SEPARATE FILING M 0 TOP ELEV. =4.9 HANDRAIL LADDER LEI °' N00 SLOPE OVER 2 SECTIONS W ELEV. =4.3 2"x12" DECK Z O M.H.W. EL.=2.7 a i V � M.L.W. EL.=0.0 r (TYP) x-1.8 8" BENT ° 77.�y EXISTING SLOPE 6"x6" POST 8' O.C. (TYP) LIMIT OF MARSH x-1,7 TYPICAL PIER PROFILE IN i♦ � �. VOER.SCALE: 1"=5' 1 ✓ :✓ W' W 1.7 1s x-1.7 PHRAGMITES w -I .._...6E A x-1.7 cn El =�V. =&81 MLW (3)2"x12" FOR DECKING TOP OF STONE BOUND x-1,6 WITH 3/4"SPACING BOLTS W/NUTS AND x-1.6 � � WASHERS � , L' �N a:. `£ 'e �. OW OF \ PRIOR 0 0 - HUBERT �. �' ���•� � , . 2"x 8"BENTS � DAYI_OR FENCED � � � � �,, \ � No.2 3 rn �� 1 q 141 a Low) A s �STti w i D � AR AEA � PRIOR <, �T,„�„� � y� 6"x 6"WOOD ����� �•��,,, . 1y'P� M.L.W. EI�.=0.7 � TIMBER SUPPORT Z �\ 0LIMIT OF SALTIVIAI SI I � G.J�� j }� PRIOR k IP01`€" OF BRAGKI& NATIVEWETLAND GROWTH � ROW OF STONES w f R 1, x-1,6 x �.7 p ` v } ," AUN , ;LAWNTYPICAL FIXED PIER SECTION -.� i x SCALE: NONE WATER �` p SPIGOT ° PROPOSED KAYAK RACK Q IRRIGAT. , VALVE �. 6"x6"POST(TYP) w 4"x4" P�OST WITH w O Z � THROUGH HOLE U C f j MIAII�ITAIIEI LAWN y PROPOSED PIER 34" FOR ROPE GUIDE 0 p w f _ w ! K t ` � PROPOSED LAD ER U a U) t FINING H GE e`\ ` 300, w w w - _ " PROPOSED 24'LONG (3)2"x10 p a W p "FOR DECKING STEPS >' N t 30"WIDE ELEVATED WALKWAY I WATER ' \ W/ROPE GUIDE ALONG SOUTH SIDE `'' /� WITH 3/4"SPACING 2 EACH 1/2"DIA. HEX. W SPIGOT t (ROCKS TO BE REMOVED) BOLTS W/NUTS AND F- � PROPOSED " SITTING BENCH -~ S,^ _BOARDWALK O 2"x8" BENTS O WASHERS cl SWING � �. _ •/ �� STEPS ?:<, -na LANDING O BOTH SIDES OF 4"x4"S O REBUILD 190 OF EXISTING 30"WIDE Y TOP OF D.E.P. E�TINGvIED O Syr - .. EL.=2.6 (TO BE REMOVED) ELEVATED WALKWAY.SLOPE WALKWAY FROM Q r N ELEV.=4.3 AT PROPOSED PIER TO SEPTIC -006C TAL PA K '� r �`� M WALK O h ~ - .� ``- o �^ „^ � �� �`�. "° „-•. "~ ELEV =3.2(MATCH EXISTING GRADE) „ COVER d (FEMA X-13 �, - . - 11 `� A I L.=2,4 `- ��4 x4 POSTS TYP W/ROP GUIDE ALONG SOUTH SIDE r 'RETAINING.WAt6. � �;� ��,�,. � � .."" �� cc: UNDER 'LAWS .( '' ``~ C6 (� TOP OF ,P, SEPARATE FILING Q ` EC? COASTAL BA�#I - -_ tZ - _. o- EMA A-13OIE - \ a EL 12 N G V I .),4 _ .... --' W LIIOCVWAYLANK ' _TM cu CL . _:... Y� L/ 0 __ . `STEM cNi af ✓ rFL / , w B we - - 1_ „ r` o - Cu "` ~- s NEW BOARDWALK GATE1, WALK Y d - ✓ .. N� ` �y �� �` ` sr� t� WALK `� C,A O w TYPI L BOARDWALK SECT�JON " -� � O r- ..!"" ._ ` BAR STABLE BYLAW ~� ��`t � N� '"tom FL.=�.>� �` � � 17 TOP OF COASTAL. BA,NK m. � SCALE. N-- 4 , 's \'s . .,. tv Nw. �,., 'c, ,, r•,� w. _.��. .-. '. � ONE ,��� ' _ _ _ N `� m _ .t cu CA 4- a. CV d o `� f "y., � p ° 06 U) d \• \ N \ \ �` \ t , ~ ,:Y* ✓'`- WALK ~` Cl) N co �A�yr�}O A�1 �� � \ \ \ \ C0 Q L �o c } _ m N N� MATCH EXISTING 0 i _:i OWN OF BARNSTABLE BYLA�� x _ µ. Q� \ l x\ WALK ELEV.=3.2 Q EDGE OF c � TOP OF COASTAL € i�,d~F, GRAVEL � QO � \ \ � �� `���� �� �� WALK � z O co Q DRIVE Cl WALK3.3 > N-.. ._.. _._. ...-. ..Y.. .. .._ . . �._ _,.� � O O � C° C Q l UOAIDVVALK J o Cu CD �j o04 00v ti 'o N N A Project No.: 127-48230-10001 00 f Designed By: R.F.D. ~ Drawn By: J.V.B. a .:���y� 0� 0 10, 20' 40' ze ROBERT F. �\v Checked By: R.F.D. v DAYLOR "^,I+ 00 0 N SCALE: 1"= 20' 1, No. � Iv P-2 t� U-) Copyright: Tetra Tech