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HomeMy WebLinkAbout0780 CRAIGVILLE BEACH ROAD (28) �j s Jr+c•.< z • ' 4 .1. ... .... .... P{�.. f_e l.,il.._•./... .._-.. a... ,,..: :.:..,... ...,. .e r.v. 1° �S 3� 'v.. A� .Sa t o-.+ �4 �� u, 4 � - : , '- ,. � 4! �• c ;i .t� � L." �i¢ �1.��(�+of�rra � r,._ ��w tti n " y CL .. .. , _tk..r. .?!d ..? _. irk"t „•` ;1W,t X w' M v 1 a A , y , s Massachusetts Department of Environmental Protection ;. Bureau of,Resource Protection -Waterways,Regulation Program X238005 Transmittal No. ` Chapter 91 Waterways License`Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment,, - r G. Municipal Zoning}Certificate � Residences at Trade Winds Condominium Trust' Name of Applicant z 780 Craigville Beach Road Lake Ebzabeth Centerville { Project street address Waterway a" :CitylTown. 4 Description of use or change in use:' 3 .v The proposed project is to,install afixed Ty pier with step down for kayak and canoe access into Lake:, Elizabeth. Also removal of a concrete;foundation`within 1: under the waters of Lake Elizabetfi...The v proposed fixed pier and step:down will be ylocated,partially within the footprint of,thre existing concrete foundation (previously a gazebo on a concrete pier). . JI To be completed,by municipal clerk or appropriate municipal official: "I hereby certify that the project described above and more fully detailed.in the'applicant's waterways license application and plans is not'in violation of local zoning,ordinances and bylaws." Printed Name of Municipal Official x Date w n CIIs ignature of Municipal Official '; .Title /Towrr, Y{Y E > K CH91 App.doc*Rev..6/06 `4. Page 6 of 18 1 �4 Town of.Barnstable r r Regulatory Services Thomas F. Geiler,Directory �.. 059. � Building Division • DMAyw Thomas Perry, CBO Building Commissioner, 200 Main Street, Hyannis, MA 02.601 www.town.barmtable.ma.us Office: 508-862-4038 Fax: 508-790-6230 December 20, 2011 BSC Group Mr. Matthew T. Creighton, WPIT 349 Main Street, Unit D West Yarmouth, MA 02673 RE: 780 Craigville Beach Road, Centerville Dear Mr. Creighton; In order for me to sign the Chapter 91 Waterways License Application for 780 Craigville Beach Road, relief is needed through the Zoning Board of Appeals. See attached special permit 2005-65 item 17. Respectful�i omas Perry, CBO Building Commissioner b CD tri Doc_ 1 a 017 507 10-31-200 -O 54 BARNSTABLE. LAND COURT RtGI_%TRY Town of Barnstable `m Zoning Board of Appeals Decision and Notice Appeal 2005-065 - Special Permits -Tradewinds Inn Section 240-94A, change of a nonconforming use to another nonconforming use C' and Section.240-93B, alterations/expansions in preexisting nonconforming building or structure. r: To change,extend,alter/ie-construct a nonconforming 46 bedroom hotel&restaurant to 21 unit multi-family development. Summary: Granted with Conditions ' Petitioner: Trade%inds Inn Property Address: 780 Craigville Beach Road,Centerville,MA Assessor's Map/Parcel: Map 226,Parcel 140-1 - Zoning: Residence B &Residence C Zoning Districts Relief Requested &Background: - The locus is the"Tradewinds Inn", a 46-bedroom commercial hotel and 125-seat restaurant. The use.of the property is nonconforming as it-is a commercial use located within single-family zoning districts. The applicant is seeking to redevelop the property's multi-family with 21 two-bedroom townhouse units and associated site improvements including parking, a swimming.pool and tennis court. The Inn encompasses two lots, as shown on Assessor's Map 226,parcels 140-001 and 140-002, addressed 734 and 780 Craigville Beach Road, Centerville. The.two lots tota15.51 acres and are developed with four principal buildings. Both lots are owned by the Archez.Realty Trust,Alan Isenstadt,Trustee. Today, the applicant is seeking special permits for one of the two lots-Assessor's Map 226,parcel 1407001 which is the larger of the two lots containing 5.28 acres and three of the four structures—aka 780,760 and 760A Craigville Beach. The applicant is seeking to convert those three structures totaling-16,807 sq.ft. of living area and containing the restaurant, to 21 two-bedroom townhouse units. From the plans presented,21 indoor garage spaces are proposed and 27 outdoor paved parking spaces are provided for the residents and visitors. In-addition to the tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units. Two curb-cuts, one an entrance drive and the other an exit drive, are proposed. A third curb-cut is to be gated and used only for emergency access. ' Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 18, 2005. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August.10, 2005 and continued to September 14,2005, at which time the Board found to grant the special permit with conditions. Board Members assigned were, Gail Nightingale,Randolph Childs,Sheila Geiler, Jeremy Gilmore, and Chairman Daniel M. Creedon Attorney Michael Ford represented the Applicant before the Board. Also present was Craig Short,P.E. and Mr. Gordon Clark,Northside Design Architects. Mr. Alan Isenstadt,,Trustee of the Archer Realty Trust was also present during the hearing. Mr.Ford noted that the applicant is seeking a special permit to change a nonconforming restaurant/hotel into a 21-unit condominium complex,(multi-family)with each unit containing 2 bedrooms. He cited that the area of the buildings would also be altered and expanded to accommodate the new use. He presented a brief history of the property,predating it to 1929 when it was the Wainright Estate. He explained the existing conditions of the nonconformities. Mr.Ford stated that the site is located in an environmentally sensitive area and the wetland and health issues . constrained much of the development. Mr.Ford stated that the change from commercial hotel to multi- family would be more compatible with the neighborhood. With reference to the initial plans presented,Mr. Ford noted that the applicant is still working with Site Plan Review and the Building Commissioner to assure all requirements are met. He presented the plans noting that the buildings on site would be raze and replaced with a series of connected buildings. The plans have been approved by the Conservation Commission and by the Board of Health. Mr.Ford noted that more site area would be preserved as a buffer to the wetlands and that on-site wastewater disposal would be reduced from 8,700 gal,per day to 4,620 gal.per day as calculated under Title W Mr. Short noted that the proposed septic system will treat to 15 ppm at the edge of the property. Parking needs of 95 spaces are needed and there are only 86 spaces. There was discussion about the reduction of parking on site and putting more into impervious. Traffic will be less than that of a motel etc.because the units will be privately owned. There would be a less intense use even during the summer. Plans for the units and buildings were presented by Mr. Gordon Clark of Northside Design. He addressed the issue of the number of stories and cited that: there will be no living space is in the attic area,there will be only 2 floors of living area, and the buildings will conform to all zoning and building code requirements for the intended use. The Board and Mr.Ford discussed the plans initially presented with the applicant. Changes were requested and the applicant agreed to investigate those changes and prepare plans for review. The Board questioned what was the applicant's plans were for the smaller lot. Mr.Ford stated that the applicant is aware that there no longer could be a nonconforming use and it would have to conform to single-family use. However,he suggested that the structure on this smaller lot could be used for affordable units as the affordable requirement would have to be satisfied prior to the issuance of the building permit Public comment was requested. Tony Balsamo,President of Christian Camp Meeting Association reads letter expressing concerns for Lake Elizabeth and neighborhood beautification. Jim Lane,President of Redly Apartment Association stated that the Tradewinds offers_a positive proposal. Gabrial Facker; Clergyman,Craigville Village, also cited concerns for Lake Elizabeth. Charles Marshall, a Member of Craigville Beach Road Association sited concerns for the location and its environment. Wayne Kurker, direct abutter supported the proposal. Also speaking in support were;Kevin O'Neil, John Pendergast, Jr., John Troy,Tim O'Keefe, Stefan Seidner and Mrs. Julia Gavitt. Mr. Seidner did cite concern regarding traffic and pedestrians and Mrs. Gavitt,noted concerns for certain design aspects. The Board requested the applicant look into those issues when the plans are further refined. The hearing was continued to September 14,2005. 2 fir► di • `Building A", estimated at 226 by 36 feet,converted to 8 living units within the existing footprint (Unit Nos. 1 to 8). • `Building B 1"and`Building B2"a new structure estimated to measure 136 by 40 feet. The two halves are connected by a covered roof structure and each half is to be two units for a total of 4 living units, (Unit No.s 9, 10, 11 &.12). • `Building C"is a proposed new structure, estimated to measure 96 by 40 feet and containing 3 living units (Unit No.s 13, 14& 15). • `Building D"is also a 96 by 40 foot building containing 3 living units (Unit No.s 16, 17& 18). • `Building E"is located to the eastern side of.the property and estimated to measure 110 by 40 feet containing 3 living units, (Unit No.s 19, 20 &21). 6. From plans presented,Buildings A through D are three level structures with parking garages on the lower level(with the exceptions of the lower level of Units No. 4, 5, 6, 7, 8, and 16). Building E appears to contain garages and living area on the lower level with bedrooms above. 7. In addition to the 21 indoor garage spaces, there is one space provided in each of the garage drives plus 27 uncommitted outdoor paved parking spaces for a total of 69,on-site parking spaces for the residents and visitors. In addition to a proposed tennis court, a 20 by 40 foot outdoor pool is planned and two screened dumpsters are provided for the 21 units: 8. Revised site plans for the development consisting of a total of seven(7) sheets have been submitted to the file. Those plans consist of Sheets 1 to 5 entitled"Proposed Construction for Tradewinds" as drawn by Craig R. Short,P.E.,dated July 26,Last revised September 13, 2005, scaled 1"=30',plus two addendum sheets. Copies of which have been entered into the file. 9. In order to qualify as a pre-existing legally-created,nonconforming use the use must predate the 1929 inception of zoning in the Town of Barnstable. A 1922 recorded plan(Land Court Plan 8993A) shows that the lot existed at that time,and the then existing structures located upon the lot. The size of a larger building would suggest that a use other than single-family residence may have existed at that time. That lot appears to have remained until the 1952 division of the land as per Land Court Plans 8993B and 8993C. 10. Section 9-41) of the Code of the Town of Barnstable—Inclusionary Affordable Housing requires two units of housing to be dedicated in perpetuity as affordable. The applicant has agreed to meet this requirement to the satisfaction of the'Barnstable Housing Committee. , 11. With respect to the requirements of Section 240-94A: • On January 25, 2005,the Board of Heath approved the proposed on-site septic system. That system was approved with dimensional variances to the location of the soil absorption system. • Regarding required parking,the existing use would require a minimum of 98 parking spaces. The Proposed 21 multi-family units would require only 35 on-site parking spaces according to the Zoning Ordinance. • Traffic generations from a 125-seat restaurant and a 41-room motel would be a considerably more than that generated for a 21-unit multi-family development. 4 l • The proposed change in use would certainly not result in an increase of on-site and off-site noise, dust and odors,nor increase the hours of operation,number of tenants or number of employees. 12. With regards to the requirements of Section 240-94B: the proposed new buildings meet the required front,side and rear setbacks. However,the location of two of the new structures do not comply with the required 35-foot setback from wetlands. Building A,is located.as it now exists,non-conforming,in that it is only 28.4 feet off the wetlands. Building E,that is to replace an existing structure,located 10.68 feet from the wetlands,is proposed at 30.23 feet. Although not conforming to the requirement of 35 feet,it is less intrusive than that which exists. In effect,the proposed alterations make it less nonconforming and more in conformance with the Zoning Ordinance overall. 13. This application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. 14. After evaluation of all the evidence presented,the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 15. A site plan has been reviewed by the Site Plan Review Committee and that plan can be found aPprovable. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. This permit is issued in accordance with Section 240=94A, change of a nonconforming use to another nonconforming use to permit a nonconforming motel and its accessory uses to change to a multi-family use and Section 240-93B, alterations/expansions in pre-existing nonconforming building or structure to permit the structures located on the site to be altered and expanded. 2. 780 Craigville Road, Centerville-Assessor's Map 226,parcel 140-001 shall be limited to no more that 21 two bedroom multi-family townhouse units and associated site improvements including parking, a swimming pool and tennis court. Development of the site shall be in accordance with plans submitted to the Board, entitled"Proposed Construction for the Tradewinds" as drawn by Craig R. Short,P.E.,dated.luly 26, 2004,last revision date of September 13, 2005 and consisting of 5 sheets plus two addendum sheets. 3. The buildings to be built on the lot addressed as 780 Craigville Beach Road shall be as presented to the Board in plans submitted entitled"Proposed Tradewinds Town Houses, Centerville MA"as drawn by Northside Design Associates dated 9/2/05 and consisting of 12 sheets. 4. The applicant shall comply with the requirements of Section 94D of the Code of the Town of Barnstable—Inclusionary Affordable Housing that will require two units of housing to be dedicated in perpetuity as affordable. 5 5. Unless the Barnstable Housing Committee determines that another option exists to satisfy the Inclusionary Affordable Housing requirement and subject to approval of the Barnstable Housing Committee,734 Craigville Beach Road,Centerville-Assessor's Map 226,parcel 140-002 shall be limited to one structure containing a two-family dwelling (townhouse type units)to satisfy the Inclusionary Affordable Housing Requirements of Section 94D of the Code of the Town of Barnstable. Those two units shall dedicate in perpetuity to affordable housing units.To only be sold or rented to qualified households in accordance with the requirements of the Ordinance. 6. All of the structures shall conform to the residential height limitations and number of stories for the Zoning District and conformity as determined by the Building Commissioner. The area of the attic space shall be structured so that it is not usable as a habitable area. 7. Each of the units shall have a deeded or assigned garage space. 8. Development of both lots shall conform to and be maintained with any Order of Conditions issued or to be issued by the Conservation Commission. 9. On-site septic shall conform to all requirements of the Board of Health 10. Development shall conform to all applicable fire and building requirements for the use. 11. All development shall conform to the Section 240-34-Flood area provisions of the Zoning Ordinance. 12. The Master Deed shall include restrictions that the attic area and the garage area shall not be converted into habitable space and that the number of bedrooms shall not be expanded beyond that permitted by this decision. The Master Deed shall also contain all restriction,contained in this decision. 13. The units shall not be rented for less that a.period of three months. This restriction shall be imposed on the applicant and incorporated into the master deed and bylaws of the association. 14. In the event that the Inclusionary affordable units are to be located at 734 Craigville Beach Road, then prior to the issuance of the 10`h and 20`h occupancy permits to the 21 unit,development on 780 Craigville Beach Road,one affordable unit occupancy permit must be issued for an affordable unit on 734 Craigville Beach Road. 15. All mechanical equipment associated with the dwelling(air conditioners,electric generators,etc.) shall be located so as to conform to the required setbacks for the District and screened from neighboring homes and the public right-of-way. 16. During all stages in the demolition and reconstruction on the property, all vehicles, equipment and materials associated with the demolition/reconstruction shall be required to be located on-site and not within the required setbacks. At no time will any parking, storage or construction materials or items be permitted in the right-of-way of Craigville Beach Road'and Marie Avenue. 6 17. The extent of development authorized in this permit shall be considered full build-out for the lot and P. .. the buildings and structures shall not be expanded in.area or in footprint nor shall any other accessory structure be permitted without further permission from the Zoning Board of Appeals. 18. This decision must be recorded at the Barnstable Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals Office and to the Building Division before any demolition or building permit is issued. The relief authorized must be executed within one year of the grant of this permit. 19. All run-off shall be contained on-site. 20. All lighting shall conform to the guideline of the Cape Cod Commission. The vote was as.follows: AYE: Gail Nightingale,Randolph.Childs, Sheila Geiler,Daniel M. Creedon NAY: None Ordered: Special Permit 2004-65 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised within one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision,a copy of which must be filed in the office of the Town Clerk Daniel M. Creedon III,Chairman Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk I BSC GROUP transforming the human environment Matthew T. Creighton, WPIT Environmental Scientist . -- Local 508-778-8919 349 Main Street. - Direct 617-896-4591 Route 28,Unit D Fax . 508-778-8966 West Yarmouth, MA o2673 Email mcreightonabscgroup.com . BSC GROUP transforming the human environment UMS - M W.LL�%4JJt1J1'�LiLT] Toll Free 800-288-8123 Web www.bscgroup.coin n RESIDENCES AT TRADE WINDS CONDOMINIUM TRUST, CRAIGVILLE CHAPTER 91 DEPARTMENT OF ENVIRONMENTAL PROTECTION DECEMBER 2011 Prepared for: Residences at Trade Winds Condominium Trust 1120 Boston Post Road, 2"d Floor Darien, CT 06820 BSC Job#49569.00 Prepared by: BSC GROUP 349 Route 28, Unit D W. Yarmouth,-Massachusetts 02673 December 16, 2011 Department of Environmental Protection Waterways Department 20 Riverside Drive Lakeville, MA 02347 Attn: Waterways Department RE: Chapter 91 Application, Installation of a Fixed Pier, 780 Craigville Beach Road, Craigville, Massachusetts, BSC job#49569.00 Dear Waterways Reviewer: BSC Group, Inc. (BSC) is pleased to submit this Chapter 91 Waterways application on behalf of our client, Residences At Trade Winds Condominium Trust, for their property located at 780 Craigville Beach Road in Barnstable's Village of Craigville (the Site). The proposed project at the site involves the installation of a fixed pier into the waters of Lake Elizabeth in essentially the same location of a previous cement T-pier with float. The proposed structure would be a shared structure to be used by the condominium complex and their guests and would be designed as a canoe and kayak dock only. For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection By-law. Enclosed please find the Chapter 91 application and accompanying materials. If you have any questions or require additional information, please contact me at (508),778 - 8919. Sincerely, BSC Group, Inc. Norman W. Hayes,PWS Project Director Sr. Associate CC: Residences At Trade Winds Condominium Trust, 1120 Boston Post Road, 2"d -Floor, Darien, CT 06820 Red Lilly Pond Project Association, Inc., do Steven Brown, President, 173 Lake Elizabeth Drive, Centerville, MA 02632 TABLE OF CONTENTS TITLE ATTACHMENT Chapter 91 Application Form 1 DEP Transmittal Form 2 Project Description 3 U.S.G.S. Site Locus Map 4 MASS GIS 2008 NHESP Estimated Habitat Map 5 Superseding Order of Conditions 6 Abutter Information 7 Land Court Plans 8 BSC Site Plans 9 CHAPTER 91 APPLICATION BSC GROUP Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program x23aoo5 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment Important:When A. Application Information (Check one) filling out forms on the computer, NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing use only the tab p p � pp g key to move your Package for BRP WW06. cursor-do not use the return Name (Complete Application Sections) Check One Fee.. Application# key. WATER-DEPENDENT- General (A-H) ❑ Residential with <4 units $175.00 BRP.WW01a ® Other $270.00 BRP WW01 b For assistance ❑ Extended Term $2730.00 BRP WW01c incompleting this ............--.._....................-•...........................................-.._.._.._.._.._..-.................----.._.._.._..-.._.._..-.._.._.._.._.._ application,please Amendment(A-H) ❑ Residential with <4 units $85.00 BRP WW03a see the "Instructions". . ❑ Other $105.00 BRP WW03b NONWATER-DEPENDENT- Full (A-H) ❑ Residential with<4 units $545.60 BRP WW15a ❑ Other $1635.00 BRP WW15b Extended Term $2730.00 BRP WW15c Partial (A-H) ❑ Residential with<4 units $545.00 BRP WW14a ❑ Other $1635.00 BRP WW14b ❑ Extended Term $2730.00 BRP WW14c Municipal Harbor Plan (A-H) ❑ Residential with <4 units $545.00 BRP WW16a ❑ Other $1635.00 BRP WW16b ❑ Extended Term $2730.00 BRP WW16c Joint MEPA/EIR(A-H) ❑ Residential with<4 units $545.00 BRP WW17a ❑ Other $1635.00 BRP WW17b ❑ Extended Term $2730.00 BRP WW17c Amendment(A-H) ❑ Residential with <4 units $435.00 BRP WW03c , ❑ Other $815.00 BRP WW03d ❑ Extended Term $1090.00 BRP WW03e CH91App.doc•Rev.6/06 Page 1 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program x238005 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent,.Nonwater-Dependent,Amendment B. Applicant Information Proposed Project/Use.Information. 1. Applicant: q } } Name E-mail Address 1t©t1io�Oa " F ` Mailing Address Note:Please refer OR to the"Instructions" �F. City/Town State Zip Code Telephone Number Fax Number 2. Authorized Agent(if any): 9tbiil? Name eye ) E-mail Address ��f^ batf f .T�*, Mailing Address iuuet: o A Cityrrown State Zip Code 508-778-8919 NO 7 � Telephone Number Fax Number C. Proposed Project/Use Information 1. Property Information (all information must be provided): Owner Name(if different from applicant) M� � e s 1 41 d, 38m, 16s -70d, 19m, Tax Assessor's Map and Parcel Numbers Latitude 57s 7 u lle 8 Street Address and City/Town State Zip Code 2. Registered Land. ® Yes ❑ No 3. Name of the water body where the project site is located: Lake Elizabeth 4. Description of the water body in which the project site is located (check all that apply): Type Nature Designation ❑ Nontidal river/stream ❑ Natural ❑Area of Critical Environmental Concern ❑ Flowed.tidelands . ® Enlarged/dammed ❑ Designated Port Area ❑ Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary ® Great Pond ® Uncertain ❑ Uncertain CH91App.doc•Rev.6106 Page 2 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program x238005 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment C. Proposed Project/Use Information (cont.) Select use(s)from Project Type Table 5. Proposed Use/Activity description on pg.2 of the "Instructions" The proposed project is to install a fixed T pier with,step down for kayak and canoe access into Lake Elizabeth. Also removal of a concrete foundation within land under the waters of Lake Elizabeth. The proposed fixed pier and step down will be located partially within the footprint of the existing concrete foundation (previously a gazebo on a concrete pier). 6. What is the estimated total cost of proposed work (including materials & labor)? $45,000 7. List the name&complete mailing address of each abutter(attach additional sheets, if necessary). An abutter is defined as the owner of land that shares a common boundary with the project site, as well as the owner of land that lies within 50' across a waterbody from the project. See attached list Name Address Name Address Name Address D. Project Plans 1. 1 have attached plans for my project in accordance with the instructions contained in (check one): ® Appendix A(License plan) ❑ Appendix B (Permit plan) 2. Other State and Local Approvals/Certifications ❑401 Water Quality Certificate Date of Issuance ®Wetlands SE 3-4939 File Number ❑ Jurisdictional Determination JD- File Number ❑ MEPA File Number ❑ EOEA Secretary Certificate Date ❑ 21 E Waste Site Cleanup " RTN Number CH91App.doc•Rev.6/06 Page 3 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection:- Waterways Regulation Program x23soos Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment E. Certification All applicants, property owners and authorized agents must sign this page. All future application correspondence may be signed by the authorized agent alone. 1.1 hereby make application fora permit or license to authorize the activities I have described herein. Upon. my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of inspection." "I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge." Applicant's signature Date Property Owner's signature(if different than applicant) Date A e s signature(if appli able) Date CH91App.doc•Rev.6/06 i Page 4 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program X238005 Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment F. Waterways Dredging Addendum 1. Provide a description of the dredging project ❑ Maintenance Dredging (include last dredge date & permit no.) ❑ Improvement Dredging N/A Purpose of Dredging 2. What is the volume (cubic yards) of material to be dredged? N/A 3. What method will be used to dredge? ❑ Hydraulic ❑ Mechanical ❑ Other 4. Describe disposal method and provide disposal location (include separate disposal site location map) N/A - 5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes, the Department recommends that the dredged material be used as beach nourishment for public beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1, public access easements below the existing high water mark shall be secured by applicant and submitted to the Department. CH91App.doc-Rev.6/06 Page of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program X238005 Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment H. Municipal Planning Board Notification Notice to Residences at Trade Winds Condominium Trust Applicant: Name of Applicant Section H should 780 Craigville Beach Road Lake Elizabeth Centerville, be completed and Project street address Waterway City/Town submitted along with the original Description of use or change in use: application material. The proposed project is to install a fixed T pier with step down for kayak and canoe access into Lake Elizabeth. Also removal of a concrete foundation within land under the waters of Lake Elizabeth. The proposed fixed pier and step down will be located partially within the footprint of the existing concrete foundation (previously a gazebo on a concrete pier). To be completed by municipal clerk or appropriate municipal official: "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans have been submitted by the applicant to the municipal planning board." Printed Name of Municipal Official Date Signature of Municipal Official Title City/Town Note: Any comments, including but not limited to written comments, by the general public, applicant, municipality, and/or an interested party submitted after the close of the public comment period pertaining to this Application shall not be considered, and shall not constitute a basis for standing in any further appeal pursuant to 310 CMR 9.13(4) and/or 310 CMR 9.17. CH91App.doc•Rev.6/06 Page 7 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program x2s8005 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment Appendix A: License Plan Checklist General View ® PE or RLS, as deemed appropriate by the Department, stamped and signed, in ink, each sheet within 8 1/2 inch by 11 inch border ® Format and dimensions conform to"Sample.Plan" (attached) ® Minimum letter size is 1/8 of an inch if freehand lettering, 1/10 of an inch if letter guides are used ® Sheet number with total number in set on each sheet ® Title sheet contains the following in lower left: Plans accompanying Petition of[Applicant's name, structures and/or fill or change in use, waterway and municipality) ® North arrow ® Scale is suitable to clearly show proposed structures and enough of shoreline, existing structures and roadways to define its exact location ® Scale is stated &shown by graphic bar scale on each sheet ® Initial plans may be printed on bond; final plans due before License issuance must be on 3mil Mylar. Structures and Fill ® All Structures and Fill shown in full BLACK lines, clearly labeling which portions are existing, which are Proposed and indicating Existing Waterways Licenses ® Cross Section Views show MHW*and MLW*and structure finish elevations ❑ Dredge or Fill, actual cubic yardage must be stated and typical cross sections shown ® All Structures and Fill shown in full BLACK lines, clearly labeling which portions are existing, which are Proposed and indicating Existing Waterways Licenses ® Cross Section Views show MHW*and MLW*and structure finish elevations ❑ Dredge or Fill, actual cubic yardage must be stated and typical cross sections shown ® Actual dimensions of structures(s) and or fill and the distance which they extend beyond MHW*or OHW* ® Change in Use of any structures on site must be stated * See 310 CMR 9.02, Waterways Regulations definitions of High Water Mark, Historic High Water Mark, Historic Low Water Mark, and Low Water Mark. Note: DEP may, at its discretion, accept , appropriately scaled preliminary plans in lieu of the plans described above. In general, DEP will accept preliminary plans only for non-water dependent projects and projects covered by.MEPA to address site design components such as visual access, landscaping & site coverage.Anyone wishing to submit preliminary plans must obtain prior approval of the DEP Waterways Program before CHMpp.doc•Rev.6/06 Page 8 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection Waterways Regulation Program x23soo5 Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Water-Dependent,Nonwater-Dependent,Amendment submitting them with their application. Appendix A: License Plan Checklist (cont.) Boundaries ® Property lines, full black lines, along with abutters' names and addresses ® Mean High Water(MHW)*or Ordinary High Water(OHW)*, full black line ® Mean Low Water(MLW)*, black dotted line, (............:) ® Historic MHW*or OHW* ® Historic MLW* (..._ ❑ State Harbor Lines, black dot-dash line (— . —. — . —)with indication of Chapter&Act establishing them (Ch. , Acts of) ® Reference datum is National Geodetic Vertical Datum (NGVD)or(NAVD). ® Floodplain Boundaries according to most recent FEMA maps ® Proposed & Existing Easements described in metes & bounds Water-Dependent Structures ® Distance from adjacent piers, ramps or floats (minimum distance of 25' from property line, where feasible) ® Distance from nearest opposite shoreline ❑ Distance from outside edge of any Navigable Channel ® Access stairs at MHW for lateral public passage, or 5 feet of clearance under structure at MHW: Non Water-Dependent Structures ❑ Depict extent of"Water-dependent Use Zone". See Waterways Regulations at 310 CMR 9.51-9.53 for additional standards for non water-dependent use projects. Note: Final Mylar project site plans will be 'required upon notice from the Department, prior to issuance of the Chapter 91 Waterways License. CH91App.doc-Rev.6/06 Page 9 of 13 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program x238005 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment Appendix A: License Plan Checklist Cont. Registry Statement 31/2 inches 5 inche Locus (dap 3 Fiat Sheet 0 my a -2 114 inches 1 Sample Plan U 81/2 in ch es Iwo P.E. Or RIS Sump �#--3 3/4 inch e Plan Accompany irg Petition off... CEP Stamp First Sheet'0nly 3/4 " Border CH91App.doc•.Rev.6/06 Page 10 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program x23soo5 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment Appendix B: Dredging Permit Plan Checklist For projects applying for dredging permits only, enclose drawings with the General Waterways Application that include the following information: General View ❑ Submit one original of all drawings. Submit the fewest number of sheets necessary to adequately illustrate the project on 8-1/2 inch X 11 inch paper. ❑ A 1-inch margin should be left at the top edge of each drawing for purposes of reproduction and binding. A 1/2 inch margin is required in the three other edges. ❑ A complete title block on each drawing submitted should identify the project and contain: the name of the waterway; name of the applicant; number of the sheet and total number of sheets in the set; and the date the drawing was prepared. ❑ Use only dot shading, hatching, and dashed or dotted line to show or indicate particular features of the site on the drawings. ❑ If deemed appropriate by the Department, certification by the Registered Professional Engineer or Land Surveyor is included. Plan View ❑ North Arrow ❑ Locus Map ❑ Standard engineering scale. ❑ Distances from channel lines and structures if appropriate. ❑ Mean high water and mean low water shorelines (see definitions of"High Water Mark" and "Low Water Mark"at 310 CMR 9.02, C. 91 Regulations). ❑ Dimensions of area proposed to be dredged or excavated. ❑ Notation or indication of disposal site. ❑ Volume of proposed dredging or excavation. ❑ Ordinary high water, proposed drawdown level, and natural (historic) high water(for projects lowering waters of Great Ponds). Section Views' ❑ Existing bottom and bank profiles. Vertical and/or,horizontal scales. ❑ Proposed and existing depths relative to an indicated datum. CH91App.doc•Rev.6/0.6 - Page 11 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program X238005 Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment ❑ Elevation and details of control structure (for projects lowering waters of Great Ponds). Appendix C: Application Completeness Checklist Please answer all questions in the General Waterways.Application form. If a question does not apply to your project write"not applicable" (n/a) in that block. Please print or type all information provided on the form. Use black ink(blue ink or pencil are not easily reproducible,therefore, neither will be accepted). If additional space is needed, attach extra 8-1/2"x 11" sheets of paper. ❑ Proper Public Purpose: For nonwater-dependent projects, a statement must"be included that explains how the project serves a proper public purpose that provides greater benefit than.detriment to public rights in tidelands or great ponds and the manner in which the project meets the applicable standards. If the project is a nonwater-dependent project located in the coastal zone, the statement should explain how the project complies with the standard governing consistency of the policies of the Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If the project is located in an area covered by a Municipal Harbor Plan, the statement should describe how the project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2). ® Plans: Prepared in accordance with the applicable instructions contained in Appendix A-B of this application. For initial filing, meet the requirements of 310 CMR 9.11(2)(b)(3). ® Applicant Certification:All applications must be signed by"the landowner if other than the applicant. In lieu of the landowner's signature, the applicant may provide other evidence of legal authority to submit an application for the project site." If the project is entirely on land owned by the Commonwealth(e.g. most areas below the current low water mark in tidelands and below the historic high water mark of Great Ponds), you may simply state this in lieu of the"landowner's signature". ® Municipal Zoning Certification: If required, applicants must submit a completed and signed Section E of this application by the municipal clerk or appropriate municipal official or, for the initial filing, an explanation of why the form is not included with the initial application. If the project is a public service project subject to zoning but will not require any municipal approvals, submit a certification to that effect pursuant to 310 CMR 9.34(1). ® Municipal Planning Board Notification: Applicants must submit a copy of this application to the municipal planning board for the municipality where the project is located. Submittal of the _. complete application to DEP must include Section H signed by the municipal clerk, or appropriate municipal official for the town where the work is to be performed, except in the case of a proposed bridge, dam, or similar structure across a river, cove, or inlet, in which case it must be certified by every municipality into which the tidewater of said river, cove, or inlet extends. ® Final Order of Conditions: A copy of one of the following three documents is required with the filing of a General Waterways Application: (1)the Final Order of Conditions (with accompanying plan) under the Wetlands Protection Act; (2) a final Determination of Applicability under that Act stating that an Order of Conditions is not required for the project; or(3) the Notice of Intent for the initial filing (if the project does not trigger review under MEPA). ❑ Massachusetts Environmental Protection Act(MEPA): MGL 30, subsections 61-61A and 301 CMR 11.00, submit as appropriate: a copy of the Environmental Notification Form (ENF)and a Certificate of the Secretary of Environmental Affairs thereon, or a copy of the final Environmental Impact Report(EIR) and Certificate of the Secretary stating that it adequately and properly complies with MEPA; and any subsequent Notice of Project change and any determination issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF and the Certificate of the Secretary thereon must be submitted. CH91App.doc•Rev.6/06. Page 12 of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection Waterways Regulation Program X238005 Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment Note: If the project is subject to MEPA,the Chapter 91 Public Notice must also be submitted to MEPA for publication in the"Environmental Monitor". MEPA filing deadlines are the 15`h and 30th of each month. Appendix C: Application Completeness Checklist.(cont.) ❑ Water Quality Certificate: if applicable, pursuant to 310 CMR 9.33, is included. ❑ Other Approvals: as applicable pursuant to 310 CMR 9.33 or, for the initial filing, a list of such approvals which must be obtained. Projects involving dredging: ❑ The term "dredging" means the removal of materials including, but not limited to, rocks, bottom sediments, debris, sand, refuse, plant or animal matter, in any excavating, clearing, deepening, widening or lengthening, either permanently or temporarily, of any flowed tidelands, rivers, streams, ponds or other waters of the Commonwealth. Dredging includes improvement dredging, maintenance dredging, excavating and backfilling or other dredging and subsequent refilling. Included is a completed and signed copy of Part F of the application. Filing your Completed General Waterways Application:- For all Water-Dependent applications—submit a completed General Waterways Application and all required documentation with a photocopy of both payment check and DEP's Transmittal Form for Permit Application & Payment to the appropriate DEP regional office (please refer to Pg. 10 of the"Instructions"for the addresses of DEP Regional Offices). ❑ For all Non Water-Dependent applications—.submit a completed General Waterways Application and all required documentation with a photocopy of both payment check and DEP's Transmittal Form for Permit Application &Payment to DEP's Boston office. Department of Environmental Protection Waterways Regulation Program One Winter Street Boston, MA 02108 ® Application Fee Payment for ALL Waterways Applications: Send the appropriate Application fee*(please refer to Page 1 of the"Application"), in the form of a check or money order, along with DEP's Transmittal Form for Permit Application &Payment. Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 * Under extreme circumstances, DEP grants extended time periods for payment of license and permit application fees. If you qualify, check the box entitles "Hardship Request" on the Transmittal Form for Permit Application & Payment. See 310 CMR 4.04(3)(c)to identify procedures for making a hardship request. Send hardship request and supporting documentation to the above address. NOTE: You may be subject to a double application fee if your application for Chapter 91 authorization results from an enforcement action by the Department or another agency of the Commonwealth or its subdivisions, or if your application seeks authorization for an existing unauthorized structure or use. CH91App.doc•Rev.6/06 Page 13 of 13 FILING FEE INFORMATION � BSC GROUP Enter your transmittal number X238005 Transmittal Number . Your unique Transmittal Number can be accessed online: hftp://mass.gov/dep/service/online/trasmfrm.s.html Massachusetts Department of Environmental Protection Transmittal Form for Permit Application and Payment 1. Please type or A. Permit Information print.A separate Transmittal Form BRP WW01 b Chapter 91 must be completed 1.Permit Code:7 or 8 character code from permit instructions 2.Name of Permit Category for each permit Installation of pier, ramp, and float application. 3.Type of Project or Activity 2. Make your check payable to B, Applicant Information - Firm or Individual the Commonwealth of Massachusetts Residences at Trade Winds Condominium Trust and mail it with a 1.Name of Firm-Or,if party needing this approval is an individual enter name below: copy of this form to: DEP,P.O. Box 4062,Boston,MA 2•Last Name of Individual 3. First Name of Individual ° 4.MI 02211. 1120 Boston Post Road, 2nd Floor 5.Street Address - 3. Three copies of Darien CT 06820 this form will be 6.City/Town 7.State 8.Zip Code .. 9.Telephone# 10.Ext.# needed. John Howe Copy 1 -the 11.Contact Person 12.e-mail address(optional) original must accompany your permit application. C. Facility, Site or Individual Requiring Approval Copy 2 must accompany your Residences at Trade Winds fee payment. 1.Name of Facility,Site Or Individual Copy 3 should be 780 Craigville Beach Road retained for your 2.Street Address records Centerville MA 02632 4. Both fee-paying 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.# and exempt applicants must 8.DEP Facility Number(if Known) 9.Federal I.D. Number(if Known) 10. BWSC Tracking#(if Known) mail a copy of this transmittal for,to: D. Application Prepared by (if different from Section B)* MassDEP BSC Group, Inc P.O.Box 4062 Boston,MA 1. Name of Firm Or Individual 02211 349 Route 28, Unit D 2.Address West Yarmouth MA 02673 508-778-8919 "Note: 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.# For BWSC Permits,enter the LSP. Norman Hayes 8.Contact Person 9.LSP Number(BWSC Permits only) E. Permit - Project Coordination 1. Is this project subject to MEPA review? yes ® no If yes, enter the project's EOEA file number-assigned when an . Environmental Notification Form is submitted to the MEPA unit: EOEA File Number F. Amount Due DEP Use Only Special Provisions: 1. ❑Fee Exempt(city,town or municipal housing authority)(state agency if fee is$100 or less). Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status. 2. ❑Hardship Request-payment extensions according to 310 CMR 4.04(3)(c). " Rec'd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10). 4. ®Homeowner(according to 310 CMR 4.02). Reviewer- Check Number Dollar Amount Date tr-formwAoc•rev. 1/07 Page 1 of 1 PROJECT DESCRIPTION r A f BSC GROUP Chapter 91 780 Craigville Beach Road Centerville,Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 780 Craigville Beach Road.involves the installation of a fixed pier with step down into the waters of Lake Elizabeth at the project site. The proposed structure would be a shared structure to be used by the condominium complex and their guests and is designed as a canoe and kayak pier. For more information, please refer to the attached Site Plans. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection By-law. 2.0 SITE DESCRIPTION The property located at 780 Craigville Beach Road contains a multi-unit condominium complex with associated driveways, decks, patios, walkways, lawn areas, landscaping, etc. The site is bordered by Lake Elizabeth to the north, single-family homes to the south and east, and Craigville Beach Road to the west. A fringe Bordering Vegetated Wetland exists along the northern property line. The wetland resource areas and areas of conservation jurisdiction on or adjacent to the site that ' are protected under the Wetlands Protection Act and the Town of Barnstable's Wetland Protection Bylaw include: • Land Under the Water • Anadromous Fish Run • Bordering Vegetated Wetland (BVW). k • Inland Bank • Land Subject to Flooding(Zone B) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Construction and Installation of a Fixed Pier—The proposed project is to construct and install a fixed T pier connected to an existing gazebo with a step down to a platform for canoe and kayak access into Lake Elizabeth. An old cement slab/foundation is located just off the shoreline at the location of the proposed pier. The cement slab will be removed (approximately 149 square feet) and the majority of the proposed pier will be located in its footprint to reduce additional impacts. The proposed fixed T pier will be approximately 256'square feet total with 216 square feet over the waters of Lake Elizabeth. The proposed pier with step down and platform will extend 25 linear feet into the lake at the property. The pier will be used by owners of the condominium complex and their guests. The proposed structure will use either greenheart wood and/or other non-leaching materials and will constructed, to the extent feasible, outside of the resource areas so not to allow debris or sawdust from entering the buffer zone or resource areas. Decking will be synthetic flow-thru decking allowing up to 65% light penetration to reach the surface water to allow vegetation to grow on the substrate beneath the proposed structure. The pier will be installed approximately 18 inches above the surface of the water with a 6 inch step down at the T to accommodate getting in and out of canoes and kayaks. Ladders will be installed on the T for access on and off the pier for safety reasons. The pier will be serviced with subdued foot lights and water to the step down T but not installed on the T due to the proximity to the surface of the lake. No dredging is being proposedmith this'project, only the removal of existing concrete pier. Chapter 91 780 Craigville Beach Road Centerville,Massachusetts • t 4.0 RIVERFRONT AREA There is no Riverfront associated with Lake Elizabeth, however a river flows from the lake,and is. an anadromous fish run. This outlet is located adjacent to the site; however the proposed-project is located completely within Lake Elizabethand`outside the Riverfront Area and'fish run., 5.0 MITIGATION x Portions of the structure will be constructed outside of all resource areas to prevent sawdust or shavings from entering the resource areas. Prior to the installation a silt curtain-will be installed to prevent suspended sediments from leaving the work area. 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Site LOCUS Map 780 Craigville Beach Road Barnstable (Craigville), Massachusetts BSC GROUP 0 Source: USGS Quadrangle Map PRIORITY & ESTIMATED HABITAT MAP MASS GIS 2008 i 1 BSC GROUP 00: Priority 1 11 Estimated Habitat Natural Heritage & Endangered Species Program 'r / '' %,ir�/r/r, rf� r'` `,..ICT � i=r•t�;Nwr�•.. ..��... Legend Lan y 1 Feature Names • , a! ' .' r 1 EOT-OTP Roads Accon Place Names Surrounding States Labels Surrounding States x ' '' ■ i rHabitats of Rare Species and also Estimated Habitats of Rare Wildlife Habitats of Rare Species Color Orthos 2001 11: MASS GIS 1 "PRIORITY :1 Craigville Beach Road Barnstable (Craigville), Massachusetts BSC ' • ,. SUPERSEDING-ORDER OF CONDITIONS . � BSC GROUP,. i 1 , Commonwealth of-Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection p � Southeast Regional`Office•20 Riverside Drive, Lakeville MA 02347.508-946-2700 i DEVAL L PATRICK RICHARD K.SULLIVAN JR. secretary Governor Fly TIMOTHY P.MURRAY ICENNLTH L KIMMEL ner Lieutenant Governor Commissioner NOV 1 5 2011 � Red Lily Pond Project Association,Inc. RE: BARNSTABLE- Wetlands . ! C/o James A. Lane File No. SE 3-4939 86 Summerbell Avenue, Craigville Village Superseding Order Of Conditions Centerville,Massachusetts 02632 Lake Elizabeth i rDear Mr. Lane: Following an in-depth review of the above-referenced file, and in accordance with Massachusetts General Laws, Chapter 13 1, §40,the Department of Environmental Protection has issued the enclosed Superseding Order of Conditions. The enclosed Order permits the proposed construction of a 4' x 24' pier,.10' x 16'platform, ladder; and the installation of ten(10).pilings. The Department.has determined that the project site is significant to the statutory interests of public,water supply,private water supply, groundwater supply,fisheries, storm damage prevention,prevention of pollution,protection of wildlife habitat, and flood control. Although the project is located over and within several wetland resource areas,in the Department's --opinion ffie project as conditioned-herein adequately protects the interests of the Act. If the Division of Wetlands and Waterways Licensing Program determines that Lake Elizabeth is a Great Pond,then prior to commencement of construction,the project proponent must apply for and complete the C. 91 licensing process. Should there be additional proceedings in this matter,the Department reserves the right to raise additional issues and present further evidence as may be appropriate.. If you have any questions'concerning this Order,please do not hesitate to contact j Mark Bartow at(508) 946-2746. Very trul yours, Tena J, Davies TJD/MNB Bureau of Resource Protection This Information Is available hi alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-6761.TDD#1-866-539.7622 or 1-617.574.6868 MassDEP Website:www.mass.gov/dep Printed on'Recycled Paper y i ORIGINAL WPA Form 6—.Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection. Ll Bureau of Resource Protection_Wetlands. SE 3-4939 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 . A.'General Information Southeast Regional Office of the Department of Environmental Protection 1. From: Issuing Authority 2. This issuance is for(check one): a. ® Superseding Order of Conditions b. ❑Amended Superseding Order of Conditions 3. To: Applicant: a.First Name b.Last Name Residences at Trade Winds Condominium Trust c.Organization , i BSC Group, 349 Main Street d.Mailing Address Line 1 West Yarmouth MA 02673 -- e.Clty' own f-State g—Zip-Code 4. Property Owner(if different from applicant): a.First Name b:Last Name Residences at Trade Winds Condominium Trust c.Organization 1120 Boston Post Road, 2n' Floor d.Mailing Address Line 1 Darien CT 06820 e.Cityfrown f.State g•Zip Code 5. Project Location: 780 Craigville Beach Road Barnstable a.Street Address b.Cityfrown 226 140 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude,.if known: e.Latitude f.Latitude SE 3 4939 SOC.docxSE 3 4939 WPA Form 5—Order of Conditions•Page 1 of 13 Formatted for Registry of Deeds . i WPA Form 5— Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Resource Protection—Wetlands SE 3-4939 Massachusetts Wetlands Protection Act M.G.L. c. 131' §40 A. General Information (cont'd) 6. Property recorded at the Registry of Deeds (attach additional information if more than one parcel): Barnstable 8993-B a.County b.Certificate(If registered land) c.Book d.Page 5/1.8/11 8/31/11 6/22/11 7. Dates: a.Date N01 Filed' b.Date of:Site Visit c.Date of Issuance of Local Order 8. Final Approved Plans and Other Documents (attach additional plans or document references): Site Plan of Land to Accompany the•Permitting of a Fixed Pier&Walkover Structure at 780 Craigville Beach Road Centerville Massachusetts, sheets 1 through 2 _BSC Group Brian G. Yergatlan P.E. b:Prepared By c.Signed and Stamped By 10/25/11 1"=40% 1"=4' 1.=10' d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act- Following the review of the above- referenced Notice of Intent and based on the information provided in this application, the Department . _ finds that the areas in which work is proposed is significant to the following interests of the Wetlands. �— Protection Act. Check all that apply: j a. ® Public Water Supply b.. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2• This Department hereby finds the project, as proposed, Is(check one): Approved subject to: a. the•following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.The Department 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. SE 3-4939 SOC.docxSE 3-4939 WPA Form 5—Order of Conditions Page 2 of 13 Formatted for Registry of Deeds WPA Form 5- Superseding Order of Conditions MassDEP File# 1�LlMassachusetts Department of Environmental Protection Bureau of Resource Protection—Wetlands SE 3-4939 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont'd) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and,until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the ACt'S interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order. Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a linear-feet b-linear--feet c._linear-feet d._linear_feet 5. ® Bordering Vegetated Wetland 0.68 0.68 a.square feet b.square feet c,square feet d.square feet 6. ® Land Under Waterbodies and 2.72 2.72 25 25 Waterways a.square feet b.square feet c.square feet d:square feet e.cly dredged f.cry dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d..square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet . g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a,square feet b.square feet Cubic Feet Flood Storage c,cubic feet d:cubic feet - e.cubic feet f.cubic feet 9. ❑ RiVerfront area a,total sq.feet b,total sq.feet Sq feet within 100 feet c,square feet d.square feet e.square feet f.square feet Sq feet between 100-200 feet g.square feet h.square feet i.square feet j.square feet SE 3-4939 SOC.docxSE 3-4939 WPA Form 5—Order of Conditions-Page 3 of 1.3 Formatted for Registry of Deeds WPA Form 5- Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental.Protection Bureau of Resource Protection-.Wetlands SE 3-4939 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont'd) Coastal Resource Area Impacts: Check all that apply below, (For Approvals Only) 10. ❑ Designated Port Areas-Indicate size under Land Under the Ocean, below Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 11. ❑ Land Under the Ocean a,square feet b,square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches -Indicate size under Coastal Beaches and/or Coastal Dunes below. 13. ❑ Coastal Beaches a,square feet b.square feet c.c/y nourish. d.cty 14. ❑ Coastal Dunes . a.square feet b.square feet c.c/y nourish. d.c/y 1.5. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores. a.square feet b.square feet 17. ❑ Salt Marshes `° . - • a.square feet b.square feet C.square feet d.square feet 18. .❑ Land Under Salt Ponds __-_-- a;-square feet--b,-square-feet — c.c/y dredged, d.c/y dredged .19. ❑ Land Containing Shellfish a;square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs-Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet i y SE 3 4939 SOC,docxSE 3 4939 WPA Form 5—Order of Conditions Page 4 of 13 Formatted for Registry of Deeds WPA Form 5= Superseding Order of Conditions . Massachusetts Department of Environmental Protection. MassDEP File.# Bureau of Resource Protection—Wetlands SE 3-4939 i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 , C. General Conditions Under Massachusetts Wetlands Protection Act (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 permitted 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. 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. 'If this Order constitutes an Amended Superseding Order of Conditions,this Amended Superseding . Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Superseding Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, Y 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. 9. No work shall be undertaken until the.Order has become final and then has been recorded in the Registi of Deeds or..the Land Court for the district in which the:landais'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 Department on the form at the end of this Order;'which forMr. 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 feefor more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP" ' "File Number 3-4939 SE 3-4939 SOC.docxSE 3-493 W 9 PA Form 5—Order of Conditions Page 5 of 13 • 9 , . E d for Re ist of Deeds - Formatte g ry , VP WPA Form 5 - Superseding Order of Conditions MassDEP Fi►e# Massachusetts Department of Environmental Protection Bureau of Resource Protection—Wetlands SE 3-4939 Ll Massachusetts Wetlands.Protection Act M.G.L. c. 131,.§40 . C. General Conditions Under Massachusetts Wetlands Protection Act (coat) 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 DEP. 12; Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form BA) to the Department of Environmental Protection. 13..The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plansidentified-in Condition#13 above shall require the applicant to inquire of the Department 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 Department 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 applicaritor 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 Department, 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)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable,the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by r Stormwater Condition 8. Construction period erosion, sedimentation and pollution control•measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. SE 3-4939 SOC.docx$E 3-4939 WPA Form 5—Order of.Conditions Page 6 of 13 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Resource Protection—Wetlands SE 3-4939 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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; N ii. as-built final construction BMP plans-are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed,.as per.the requirements of Stormwater Standard 10; 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 BMPsOperation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the 0&M Plan is complete,and will be implemented upon receipt of the Certificate.of Compliance, and A)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the. Stormwater Pollution Prevention Plan. _ d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution.Discharge.Elimination. System Multi-Sector General Permit, e) Unless and until another party accepts responsibility, the landowner,or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this-:presumption, the. landowner of the property must submit to the issuing authority a legally binding agreement of record, and 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 permitted for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)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. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the 0&M Plan, and the requirements of the Massachusetts-Stormwater Handbook. SE 3-4939 SOC.docxSE 3 4939 WPA Form 5—Order of Conditions-Page 7 of 13 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Resource Protection—Wetlands SE 3-4939 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)_ g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and.inspect the site'to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the 0&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook,Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be.altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs.shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Brief Project Description: Construction of a 4'x 24' pier, 10'x 16'olatform ladder and the installation of 10 pilings. Special Conditions.(See attached sheet(s)for additional Special Conditions riumbered 1 through 14. D. Findings Under Municipal Wetlands Bylaw or Ordinance To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no jurisdiction to supersede the local by-law order. J• WPA Form 5—Order of conditions Page 8 of 13 -SE 3-4939 SOC.docxSE 3-4939 Formatted for Registry of Deeds i WPA Form 5 - Superseding Order of Conditions Massachusetts Department of Environmental Protection MassDEP file# Bureau of Resource Protection-Wetlands SE 3-4939 Massachusetts Wetlands Protection Act M.G..L. c. 131, §40 E. Issuance This Order is valid for three years from the date of issuance, unless otherwise specified as a special condition pursuant to General Conditions 4 or 6. Issued by: Department of Environmental Protection: Signat ty - Tena .T,Davies; reauof Resource.Protection This Order is issued to the applicant as follows: ❑. by Hand delivery on: ® by certified mail on: NOV 1 5 2011 Date Date Certified Mail#7010 1060 00017067 2668 • b F. 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 cf-title of-the affected-prdperty-ln-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 Page 10 of this form shall be submitted to the Department. ' g SE 3-4939 SOC.docxSE 3-4939 WPA Form 5—Order of Conditions•Page 9 of 13 . Formatted for Registry of Deeds i WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Resource Protection—Wetlands SE 3-4939 Ll Massachusetts Wetlands Protection Act M.G.L. c. '131, §40 Massachusetts Department of Environmental Protection—Southeast Region Issuing Authority i Massachusetts Department of Environmental Protection—Southeast Region To: Issuing Authority Please be advised that the Order of Conditions for the Project at: 780 Craigville Beach Road SE 3-4939 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page For: . � Property Owner and has been noted in the chain of title of the affected property in: I Book Page In accordance with the Order of Conditions issued on: ------ Date -- —If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is' Document Number Signature of Applicant TJD/MNB SE 3-4939 SOC.docxSE 3-4939 WPA Form 5—Order of Conditions a Page 10 of 13 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions Massachusetts Department of Environmental Protection MassDEP File# Bureau of Resource Protection—Wetlands SE 3-4939 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Appeal Rights and Time Limits The applicant, the landowner, any person aggrieved by the Superseding Order, Determination or other Reviewable Decision as defined at 310 CMR 10.04, who previously participated in the proceedings leading to this Reviewable Decision, the conservation commission, or any ten (10) residents of the city or, town where the land is located if at least one resident was previously a participant in the,permit proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L. c.30A, § 10, provided the request is made by certified mail or hand delivery to the Department,along with the appropriate filing fee and a MassDEP Fee Transmittal Form within ten (10),business days of the date of issuance of this Superseding Order or Determination, and addressed to: Case Administrator Office of Appeals and Dispute Resolution- Department of Environmental Protection One Winter Street, 2"d Floor Boston, MA 02108 A copy of the request(hereinafter also referred to as Appeal Notice),shall at the same time be'sent by certified mail or hand delivery to the Conservation Commission,the applicant, the person that requested _ the Superseding Order or Determination, and the issuing office of the MassDEP at: MassDEP / 20 Riverside Drive A" Lakeville, MA 02347 In the event that a ten resident group requested the Superseding Order or Determination; the Appeal Notice shall be served on the designated representative of the ten resident group, whose name and contact information is included in this Reviewable Decision (when relevant). Contents of Appeal Notice An Appeal Notice shall comply with the Department's Rules for Adjudicatory'Proceedings, 310 CMR 1.01(6) and 310 CMR 10.05(7)0), and shall contain the following information: (a) 'the MassDEP Wetlands File Number,-name of the applicant, landowner if different from applicant, and address of the project; (b) the complete name, mailing address, email address, and fax and telephone numbers of the party A filing the Appeal Notice; if represented by consultant or counsel,the name,fax and telephone numbers, email address, and mailing address of the representative; if a ten residents group, the same information for the group's designated representative; (c) if the Appeal Notice is filed by a ten (10) resident group,then a demonstration of participation by at least one resident in the previous proceedings that led to this Reviewable Decision; (d) if the Appeal Notice is filed by an aggrieved person, then a demonstration of participation in the previous proceeding that lead to this Reviewable Decision and sufficient written facts to demonstrate status as a person aggrieved; (e) the names, telephone and fax numbers, email addresses, and mailing addresses of all other interested parties,if known; SE 3-4939 SOC:docxSE 3-4939 " . WPA Form 5—Order of Conditions•Page 11 of 13 Formatted for Registry of Deeds i WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands SE 3-4939 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 (f) a clear and concise statement of the alleged errors contained in the Department's decision and how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131, §40, including reference to the statutory or regulatory provisions that the party filing the Appeal Notice alleges has been violated by the Department's Decision, and the relief sought, including any specific desired changes to the Department's decision; (g) a copy of the Department's Reviewable Decision that is being appealed and a copy of the underlying Conservation Commission decision If the Reviewable Decision affirms the Conservation Commission decision; (h) a statement that a copy of the request has been sent by certified mail or hand;delivery to the applicant and the conservation commission; and (i) if asserting a matter that Is Major and Complex, as defined at 310 CMR 10.04(1), a statement requesting that the Presiding Officer make a designation of Major and Complex, with specific reasons supporting the request. Filing Fee and Address A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a ----- --waiver.-The filing-fee-is-not-required-if-the-appellant-is-a-city-or-town-(or municipal-agency),-county-district --- of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2)for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth: the facts believed to support the claim of undue financial hardship together with the.hearing request as provided above. v SE 3-4939 SOC.docxSE 3-4939 WPA Form 5—Order of Conditions Page.12 of 13 Formatted for Registry of Deeds �J Special Conditions for Superseding Order of Conditions for DEP File # SE 3-4939 1. This Order approves the construction of a 4' x 24' pier, 10' x 16' platform, ladder, and the installation of 10 pilings. 2. If the Division of Wetlands and Waterways Licensing Program determines that Lake Elizabeth is a Great Pond, then prior to commencement of construction, the project proponent must.apply for and complete the C. 91. licensing process. 3. Dredging (including but not limited to the effects of propwash) is neither proposed in the.Notice of Intent, nor permitted by-this Order. 4. No heavy construction equipment, cranes, vehicles, or barges are permitted.in.the Bordering Vegetated Wetland or on the Land Under Waterbodies and Waterways. 5:. As proposed, the installation of pilings will be performed using a crane from the upland area. 6. To allow sunlight to penetrate below the pier and platform, the individual deck planks are to be spaced at least 3/4" apart. Alternate spacing may be used if the deck material used provides a similar or greater degree of light penetration (such as perforated aluminum, fiberglass, or plastic grates; any such grates should contain an anti-slip texture integrally molded to the top surface to provide for safety). 7. As proposed, the pilings will be either green heart wood, Kodiak wood, or other non-C.C.A. (chromated copper arsenate)treated wood. Creosote treated timber is prohibited. 8. Jetting of piles is prohibited. Piles shall be mechanically driven to refusal or a depth.of at least 12' below grade. 9. As proposed, a silt curtain will be deployed around the concrete debris work area before work begins. The silt curtain will be maintained until the work is completed and siltation created by the work activity has ended. 10. The concrete debris.wili be removed using hand tools, and if necessary, a winch attached to a rubber tired BobcatTm or equivalent. The BobcatTM will be operated from outside the Bordering Vegetated Wetland. Environmental matting will be used to slide any large pieces of concrete into the upland area. 11. Immediately following removal of the concrete debris into the upland area hay bales will be installed between the concrete debris and the Bordering Vegetated Wetland to prevent any sediment from entering the Bordering Vegetated Wetland. The hay bale barrier will be maintained•until the concreted debris is removed from the site. 12.The concrete debris will be removed from the site and properly disposed of, or recycled at a licensed facility. 13. Upon'completion of the project, a Certificate of Compliance shall be requested in accordance with General Condition No. 12, and underthe provisions-of 310 CMR 10.05 (9)(d). An"AS- BUILT" plan and a statement from a Registered Professional Engineer certifying compliance with the conditions of this Order shall accompany the request for a Certificate of Compliance. 14, Future maintenance of the approved structure, in strict compliance with the-conditions of this Order, is . permissible above the water line. SE 3-4939 SOC.docxSE 3-4939 WPA Form 5—Order of Conditions•Page 13 of 13 Formatted for Registry of Deeds LlMassachusetts d nvironrAPintal protacvion Adjudacatory Hearing Fee iTr ns Notta.1 Form IMPORTANT! This form.is intended for fee transmittal only. The contents of a request for an adjudicatory appeal (Notice of Claim) are established at 310 CMR 1.01(6) and the substantive statutes and regulations governing the Department's action. 'A. Person/Party Making Request 1. Name and address of person or party making request: important:When i filling out forms Name-If appropriate,name group representative on the computer, use only the tab I key to move your Street Address cursor-do not use the return City State Zip Code i key. 2. Project Information: tab - Street Address nnm city State Zip Code DEP File or ID Number Amount of filing fee attached ' o. AppOlCaiiit (li appii0able) 1. Name and address of applicant: i Name-If appropriate,name group representative —-------- • ---Street Address — ----——--- -- y City State Zip Code - C. instructions 1. Send this form and check or money order of$100.00 payable to the Commonwealth of Massachusetts to the MassDEP Lockbox at: Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 2. Send a copy of,this form and a copy of the check or money order with the Request for Adjudicatory Appeal (Notice of Claim) to: Case Administrator Office of Appeals and Dispute Resolution One Winter Street Boston, MA 02108 adjherfm.doc•rev.4/07 Adjudicatory Hearing Fee Transmittal Form•Page 1 of 1 Communication. for Non-En. 1i� 'ski S�i.eakin� Parties. (3.10. CM. R 1.03:(5)(•a.)l. onglish This dQcume t:is mportant.and', l�oU. 'be translated immediately:, ..}.•.:.. : ir�l ` V. ..�ti�. Rolle dsu d: 9 �CiJ GI-��Armenian i . blL I 41Q.M,4tul lqtlylpl t RMP 011ub*11. p A :Ghfnese (tradttioaaT) Frangais n-erich -Cf. dociftnent•:est. im.,portant.yet d°evra t titre: traduit Ymmedi'atement, Deutsch German. Dies-es Dokument Ist widhtig.:und s:olhe sofort ibersetz.t werdean:. LAND COURT PLANS BSC UROUP k �avu Aye, �.•..... Vol ow AIL'I7' � :y`• € l �0�� � rb�OB• �e ��9� � , 1ti•r � .O �o r 0 .0 W oo 4 `:• : • fps k' ! 4 k a N w / � to G' �1 1 4" a% •��w err T P' ,` �'� aD H C bD - 'qdq MH 4-4 64 004 r•4 U mo m ` 40 H }W� .l GvA di S rd WI It m 04 4. ++ m Hbp a.a PDAD - 5co 00 TY S of tlN0 mey be issued rj [AND RE&MATlON OfF/CE � ....... _e ,�p► ,NAY /X 13IJ7 - courtScek a,this oqran/6b frett to en•lrxh w,rfiirc/ovyh, lnyner�,t�-cbud✓ ---ro 41 � I ��Q\ak�or � 0 . m• P X��'Pyy o� f h V VOA ( 9- V �b11 � This Plan does not require the approval of th Board Of survey v, .NSTHB'LE BOARD OF SURViY Ol�'-B�altl ^lAB'LE ly OF DEED? A UCG. 1957 C CT f ia57 r j p It GZ•1V� RECORDED P LAN OF LAND IN CR/AI GVI L LE -SARNSTABLE•- M/�,55. A5 Surveyed For SELMA Ed• S051 Scale- Iin=3of -- Nov 14, 1956 gD KE1.L000 - E h1G I N GEFS •ODTBRVILLL - HYAN.NI,3 Arc oo/< / 7-7 7A 3• - RII- Avg. 8993A 4 c��rERviw� - .. � ilk•e� �o •y 376. 3 0$ p f to. 4 1, ,tc)�, ` �...:.. .- : ,•._.. ��ti on • � �D N � •�. ittz 5p11 COO TY tit, U('� y Cooy of pp0eri of plan In LAND REGISTRATION OFFICE sEar, z� i9n Scale of this plan /60 feel to an inch This.p]sn filod with Oertifioate no., 1674. caNwnany, ln.*Wr fa,C"/l ABUTTER INFORIv1ATION � BSC GROUP ivlap rage i of i Town of Barnstable Geographic Information System New seer Parcel Viewer Custom Map Abutters Map Size ■■ Zoom Out�'110�,"In Itp dl 112 3PG Map: 226 Parcel: 140-OOC 80 CH 2t8 I Z146 „ a ' nN�• 2�8 f01 ^ 2Y884� ?Y840 Location: 72261 OOOCI TRADE LLE AWIND9ADEVE 218047 X12$ Owner; • N42 21a0s3 21 N30002 - 2260,in N117r ! N77� , N20 228096 226162. Lr22,0,132 226070 Add/Subtract OAdd Y34 Y fgN- 20 "ii� Subject Parcels *Subtract 226090 N I 1 IF_ 226130001 1828 4 Y43 22e6w �* • Map&Parcel 226135001 220133 228026 y - - x1a tY2' A 118 - 118110 Location 29MARIEAVENUE 1a 228f2� 149 Owner PENDERGAST,JOHN J lR&ANN D j�j� - /1 220I36001 < Y61 q Z l N2e m t1 Map IN Parcel 226137 22ao 17 na1341 F Location 160 LAKE ELIZABETH DRIVE 228022 NON Y40, �228128005 0 20253 112 Nsilo Z 10 Owner CHRISTIAN CAMP MEETING ASSOI 220137 228128001 218170 siN N la0 x80 ,� N7gp Map&Parcel 226138 225138 ^ 228128004 fS Location 60 LAKE ELIZABETH DRIVE N 80 228128008 10 2180t0 , N70� Owner GAVITT,]ULIA G TR 129I27 228018 N 10 N.II' 221115 ® •r2812~8003 N80 Map&Parcel 226139 N.7 228128002 �N708' Location 46 LAKE ELIZABETH DRIVE 24a020 228f40002 N718)0 Owner PENDERGAST,SYLVIA J N B _ Y 739: 220148 228162 22614000ICNO CH to 186 Map&Parcel 22614O0OA Nay N780 - 6gfA Location 780 CRAIGVILLE BEACH ROAD 22800 228164 2Y81 __cRptOVttk __ Mf Y46 228I0 Owner LATIMER,SETH 226146002 216157 oil n0 Map&Parcel 2261L4000B 017 sk 228155 Location 780 CRAIGVILLE BEACH ROAD 228162 N0 � to Owner TRADE WINDS DEVELOPMENT-A It SgOrMy7�86103 2104 228141 220140001:Y41N Nis Map&Parcel 22614000C 770 Location 780 CRAIGVILLE BEACH ROAD - ell? • 228142 120186 C 28N13 4 Owner TRADE WINDS DEVELOPMENT-A II .10 3 22 2O26r 2w 2201470.15 - Map&Parcel 22614000D N 16y Y,IB w 228144 160 Location 780 CRAIGVILLE BEACH ROAD m N 28 228188 u �aL N Owner GOLDBERG,JEFFREY 220�1n7t3 226174 N� a w N7 w & &03 Map&Parcel 22614000E - w Y 2Y8000 Y WN63 Location 780 CRAIGVILLE BEACH ROAD 226170 h 210176 i 228143 'N882� x q,840' N96 C Owner YEATON,ROBERT P TRS (7 226012 0 Feet 226074 p Y63N16 N3� 326018001 225021 Map&Parcel 22614000E N86f N56 F Na3 N04 Location 780 CRAIGVILLE BEACH ROAD Owner TRADE WINDS DEVELOPMENT-A II __..._...._............ .... Adjacent(Please choose abutter list type) Copyright 20052010 Town of Barnstable,MA AN rights naeerved.Send questions or comments to GIB - BarnstableMA v1.2.4339(Production] http://66.203.95.236/arcims/appgeoapp/map.aspx?propertylD=22614000C&mapparback=... 12/9/2011 Prop ID:22614000N Prop ID:22614000C BELL,FRANK J JR&JAN W TRADE WINDS DEVELOPMENT-A 252 ROYAL TERN RD NORTH %CALHOUN,HARRY C& PONTE VEDRA,FL 32082 12 SHOREVIEW LANE DANBURY,CT 06811 Prop ID:226131 Prop ID:2261400OF CHRISTIAN CAMP MEETING ASSOC TRADE WINDS DEVELOPMENT-A 39 PROSPECT AVE %GLEYZER,GENE&TATIANA CENTERVILLE,MA 02632 1 JOSEPH COMEE ROAD LEXINGTON,MA 02420 Prop ID:226138 Prop ID:22614000G GAVITT,JULIA G TR TRADE WINDS DEVELOPMENT-A JGG CRAIGVILLE NOMINEE TRUST %BRUZZESE,THOMAS A&MARY 11 DROWNE PKWY . 46 FORBES ROAD RUMFORD,RI 02916 WESTWOOD,MA 02090 Prop ID:22614000D Prop ID:22614000H GOLDBERG,JEFFREY TRADE WINDS DEVELOPMENT-A 4 MILITIA DRIVE %CALDWELL,LINDA M LEXINGTON,MA 02421 79 BURROUGHS STREET BOSTON,MA 02132 Prop ID:226140001 Prop ID:226140000 GOLDBERG,JEFFREY TRADE WINDS DEVELOPMENT-A %TRADE WINDS DEVELOPMENT-A, C/O PATRIOT GROUP LLC 1120 POST RD.,2ND FLOOR 1120 POST RD.,2ND FLOOR DARIEN,CT 06820 DARIEN,CT 06820 Prop ID:22614000A Prop ID:22614000P LATIMER,SETH TRADE WINDS DEVELOPMENT-A %LATIMER,SETH TR C/O PATRIOT GROUP LLC SD LATIMER INVESTMENT TRUST 1120 POST RD.,2ND FLOOR 285 COLUMBUS AVE.,APT 804 DARIEN,CT 06820 BOSTON,MA 02116 Prop ID:226140001 Prop ID:22614000K MUSANTE,PATRICIA B TRADE WINDS DEVELOPMENT-A %MUSANTE,PATRICIA A BAKER& C/O PATRIOT GROUP LLC PATRICIA A BAKER MUSANTE 1120 POST RD.,2ND FLOOR 780 CRAIGVILLE BEACH RD,B-2 DARIEN,CT 06820 CENTERVILLE,MA 02632 Prop ID:226135001 Prop ID:22614000L PENDERGAST,JOHN J JR&ANN D TRADE WINDS DEVELOPMENT-A PENDERGAST MARIE AVE RLTY %GRIEBEL,SCOTT M&KRISTEN K P O BOX 576 53 DRAPER ROAD CENTERVILLE,MA 02632 DOVER,MA 06820 . Prop ID:226139 Prop ID:22614000E PENDERGAST,SYLVIA J YEATON,ROBERT P TRS PO BOX 576 HURLEY TRADE WINDS REALTY CENTERVILLE,MA 02632 2500 WASHINGTON STREET P 0 BOX 190550 BOSTON,MA 02119 Prop ID:22614000B TRADE WINDS DEVELOPMENT-A C/O PATRIOT GROUP INC 1120 POST RD.,2ND FLOOR DARIEN,CT 06820 SITE PLANS � BSC GROUP. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS CRAIG A. FIELD u`: Y N o.38039 • LAND , 4� r zj� >jzor FOR REGISTRY USE ONLY PLS DATE Lw ELI7ARFTN j 4 ' ►BET NSF LOCKS 'ry A4(EA�R Ei JOH�1 PENDERGAST tom" ASSESSORS MAP 226 PARCEL 135-1 WTILIPW SDUND,. LOCUS MAP NOT TO SCALE SEE CROSS SECTION SHEET 3 NOTES: EXISTING 1. ELEVATIONS DEPICTED PIER/VIENNG ON THIS PLAN ARE ON PLATFORM THE N.GVD DATUM. EXISTING 2. THIS PROPERTY IS LAWN IIM,ROVE-D NTH OTHER STRUCTURES AND PARKING EXISTINGG AREAS NOT DEPICTED LIMITS OF DETAIL STRUCTURE HEREON. N�JOG SEE SHEET 2 C-RAIGVILLE I OIAN€E TRUST ASSESSORS ZN pF ry4s MAP 226. y� s PARCEL 138BRIAN G. / o YE;,T-1AN CIVIL .0 9 No 46206 a e BENCHMARK F HYDRANT TAG N/F � N� .` o�. �/sT� t gn A RESIDENCES AT TRADE WNDS F ECG\ ELEVATION PEN�}E�2GAST CONDOMINIUM. TRUST ' ASSESSORS ASSESSORS MAP 22.6 '' 18.72 NGVD MAP 226 PARCEL 140 PARCEL 139 v 51h7T30 p ROAD CONCRETE 3 5Z H FOUND 03 G P CON.GRETE j & HELD ory`O ry FOUND. Q 4v ,h0 & HELD Prepared C y: SI TE PLAN THE BS GROUP, INC. SCALE: 1" = 80' 349 ROUTE 28 G 40' 80 1 .0' UNIT D PLAN ACCOMPANYING PETITION W. YARMOUTH, MA 02673 TO MAY 9, 2011, REV: 12-8-11 LICENSE AND INSTALL A* NEW FIXED PIER AND WALKOVER JOB NO.. 4-9-5,69.00 DWG. NO. 6.055-02 SHEET 1 OF 5 STRUCTURE INTO AND OVER THE o WATERS OF LAKE ELIZABETH- IN X CENTERVILLE MASS. W m PREPARED FOR: RESIDENCES AT TRADE WINDS Q CONDOMINIUM TRUST W #7-aO CRAIGMLLE BEACH ROAD CENTERALLE, MASSACHUSETTS I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS o CRAIG A. c FIELD cn No.38039 FOR REGISTRY USE ONLY PLS DATE �tN OF M4 - G. ON ClyA- G� E o 9 No.46206 F. PROPOSED LADDER (lYP REM11 _.j0F EXl8T1t G QNCRE RAMP VED ] $ .. PJER T BE REM.O t 126t F. P00P0SED 1V*1.6' FIXED PLATFORM / PROPOSED 8° PILE RE�AO,V� ALL CONCRETE DEBRIS 3 j !ikz 5 WF#2 —� GA7:EB0 • --,• 6 1 'G"VEGETAl"VE� OF / EXISTING DRIVEWAY DETAIL PLAN Pcepared'by. - - - THE BSC GROUP, INC. SCALE: 10 = 10' 349 ROUTE 28 0- 5' 19' 20' UNIT D PLAN ACCOM:PANYiNG PETITION W. YARMOUTH, MA 02673 TO MAY 9, 2011, REV: 12--8-11 LICENSE AND INSTALL A NEW FIXED PIER AND WALKOVER JOB NO. 4-95.69.00 D.WG. NO. 6055-02, SHEET 2 OF 5 STRUCTURE INTO AND OVER THE 0 WATERS OF LAKE ELIZABETH IN X CENTERVI.LLE MASS. _ PREPARED FOR: d RESIDENCES AT TRADE WINDS Lij CaNDOMINIUM TRUST , Z #7.80 CRAI;G ALLE BEACH ROAD a CENTERVILLE, MASSACHUSETTS I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF ol. CRAIG A. ',,: FIELD N N0.38039 FOR REGISTRY USE ONLY PLS DATE 8" DIA. PROPOSED 4'44' NOTE: 8" PILE x 20 = 13.4' PILING FIXED ACCESS MINIMUM ON CENTER. ,WALK/ PIER. , SUEDW,ED LIGHTING AT 'FOOT LEVEL ON ONE 6" STEP ALTERNATING GAZEBO DOWN POSTS BOTH SIDES PROPOSED WNW 14, FXED PLATFORM - ELEV 7.5 WATER LEVELS ` LADDERI 2 STEPS DOWN I.... z z x I - - -.- -LL - - - - N - - - - -I 0 o I z .zI 0 co co o cliui p - - - - '1 - - - - - - - - 4 - - - --- - - - - - = = - - - - = —I —S BOTTOM ELEV. _ -4t 0 0 Nly- N W F- v BOTTOM 'ELEV. �- 25' 0 ESN OF M48. SECTION A- A G. Ld Il �. . Yl► IAN CCVfL . Mo.482D6 O e . SCALE: 1" = 10'. 0. 5' Prepared by: -- P R OFI LE PLAN THE BSC GROUP, INC. 34-9 ROUTE 28 UNIT D PLAN ACCOMPANYING PETITION W. YARMOUTH, MA 02673 TO MAY 9, 2011, REV: 12-8-11 LICENSE AND INSTALL A NEW FIXED PIER AND WALKOVER JOB NO 4-9569.00 DWG. NO. 6055-02 SHEET 3 OF 5 STRUCTURE INTO AND OVER THE 3 WATERS OF LAKE ELIZABETH IN 0 X CENTERVILLE MASS. W PREPARED FOR: Lo RESIDENCES AT TRADE WINDS CONDOMLNLUM TRUST W #78.0 CRAMVILLE BEACH ROAD CENTERVI;LLE, MASSACH;USETTS I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS off. CRAIG A. . FIELD N; N o.38039 LAD I Za FOR REGISTRY USE ONLY PLS DATE . 16'—0" 2"00" FRAMING 16 0O.C. 8" PILE LAG BOLTS (TY'•) .,k s SYNTHETIC GRATE DECK .,, .. yv .,... .., ... ,.. .. i, . ....., .n ,_ ..,. ..,. - TIMBER PLATFORM DETAIL SCALE: NONE 161-011 SYNTHETIC GRATE DECKING 2"x10" FRAME 2"x8" JOIST 16" 0.C. �ZN OF 4f4S 0 EERA7I G. c Y Aor N c� CINIi. . TIMBER PLATFORM SECTION TRANSVERSE SECTION SCALE: NONE DETAIL , PLAN THE B.SC GROUP, INC. 349 ROUTE 28 UNIT D PLAN ACCOMPANYING PETITION W, YARMOUTH, MA 02673 TO MAY 9, 2011, REV: 12-8-11 LICENSE AND INSTALL A NEW FIXED PIER AND WALKOVER JOB NO. 4-95.6.9.0.0 OWG. NO. 6055-02 SHEET 4 OF 5 STRUCTURE INTO AND OVER THE 3 WATERS OF LAKE ELIZABETH IN o W CENTERVILLE MASS. PREPARED FOR: Lo RESIDENCES AT TRADE WINDS ' CONDOM4N-IUM- TRUST Z � 8: W 7--0 CRAhG-VI.LLE BEACH ROAD _ CENTERMLLE, MASSACHUSETTS CERTIFY THAT THIS -PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS 8 ' U� CRAIG A. FIELD N 0.38039 FOR REGISTRY USE ONLY PLS DATE y - BRIf1N G. c YE0ATIAN as CIVIL,, SO:: • u.a6io�_ BEVELED 1" RAILCAP .p ,IF ECG 4'-0" 2"x4" RAILING 8" DIA PILE GREENHEART (OR EQUIVALENT). 2"x3" SIDE RAIL (TYP.) SU=BDU.ED FLOOR t° SIDE RAILS TO BE LEVEL LI.GHTIN in 5" EVENLY SPACED 2%8" STRfN:GE. MAX. 1-1/4"x6" DECKING WITH (TYP.) . - 3/4" SPACING (TYP) 3/4" HDPE OR -SYNTHETIC EQUIVALENT WATER' LINE ELECTRIC CONDUIT a` "3/4" DIA. GALV. 2"x8" EACH BOLT (TYP.) SIDE OF PILE 3'x8" CROSS BRACING (TYP) PROPOSED 8" PILES HELICAL ANCHOR IN THE WATER. AT RAMP TO _ (`SEE SECTION A—A) PREVENT ICE DAMAGE (OPTIONAL) 4"x4" SOUTHERN PINE TIMBER BLOCK (TYP) TYPICAL_ PIER WALKWAY SECTION SCALE: NONE —�_ -- - - = Prepared. by: SECTION PLAN THE BSC GROUP, INC. 349 ROUTE 28 UNIT D PLAN ACCOMPANYING PETITION W. YARMOUTH, MA 02673 TO MAY 9, 2011, REV: '12--8-11 LICENSE AND INSTALL A NEW ° FIXED PIER AN-D WALKOVER JOB N.O. 4-9569.00 DWG. NO. 6055-02 SHEET 5 OF 5 STRUCTURE INTO AND OVE:RTHE 3 WATERS OF LAKE ELIZABETH IN o - X CENTERVILLE MASS. PREPAREID D FOR: RESIDENCES AT TRADE WINDS CONDOMINIUM TRUST W #780 CRAI.GVI,LLE BEACH ROAD CENTERVILLE, MASSA:CHUSETTS