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ESSEUE
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TOWN OF BARNSTABLE BUILDING PERM�/0 V117 PLICATION
Map 5 Parcel 636 Application #
Health Division Date Issued
Conservation Division '� ' 3' y Application Fee �()6
Planning Dept. V 1 Permit Fee 2 k ( •�
Date Definitive Plan Approved by Planning Board
Historic - OKH ) _ Preservation / Hyannis h
Project Street Address Ls 0 vvven, 0o
Village ( ""P�
Owner ►crQc '1 t1 � 5 � Address ���►��
Telephone lo roS m 567 - 0 Y
Permit Request 0111r[4 --e/"hA fLr alc�, c O tL pm tcL -
5 RQa,-dLkk,1 LZ AL�k Co!AV)f
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
V) Zoning District Flood Plain Groundwater Overlay
Project Valuation 271e0-Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing _new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas 0 Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:
V/Zoning Board of Appeals Authorization ❑ Appeal # Recorded 0
Commercial ❑Yes ❑ No If yes, site plan review#
Current.Use Proposed Use
APPLICANT INFORMATION
'(BUILDER OR HOMEOWNER)
r
Name 66WY4.1 ZAUzn,-✓ Telephone Number �, � 1e— ��-20
Address License# 6.J-00'*
C,1 l 11 fild 0 2 33 Q Home Improvement Contractor#
f �
Worker's Compensation # Tr36,.,/ af'
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE
FOR OFFICIAL USE ONLY
APPLICATION#
DATE ISSUED y
MAP/PARCEL NO. Ly`y -J
ADDRESS VILLAGE
OWNER- • - r � � � �' J
DATE OF INSPECTION:
}i.FOUNDATION,"
y •_ {
FRAME
INSULATION `
FIREPLACE
.t
- ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
t GAS: ROUGH FINAL
FINAL BUILDING -
DATE CLOSED OUT
ASSOCIATION PLAN NO.
4
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name Z,gUZan/ Telephone Number fa— w/,T.20
Address / 1 A/ vi�,.� or?7 . License # &J 00 7
L-W—d B 2 33 0 Home Improvement Contractor#
Worker's Compensation # Td 6".1
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE
Al lovk)
TOWN OF BARNSTABLE BUILDING PERM PLICATION
Map Parcel Application #
Health Division Date Issued
IV Conservation Division �Ic- ���� Application Fee 06
Planning Dept. Permit Fee ( •�
Date Definitive Plan Approved by Planning Board
Historic - OKH O1k�t _ Preservation / Hyannis Lo.,
Project Street Address 0 toy',, , D
Village
Owner 1��'1 t � � � Address 6X01
Telephone -:Sn 711 ro s - van Ah 4ec+ 50 -A l) Y
Permit Request - all,`[ -�A- f;r *1-6,nc., 9ec4,
/ °'l► 5 °
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation 271e'Q�-Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑Other
Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing —new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas 0 Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑existing ❑ new size_
Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:
1V Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ❑ No If yes, site plan review #
Current,Use Proposed Use -
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)-
Name Telep ne ber J�Zz
Address �� - Li ense #
ff ome Improvemen Contractor#
Worker's Compensat n # �► Pl3�
ALL CONSTRU ION EBRIS RESULTING FROM HI PROJECT WILL BE TAK TO
SIGNATURE DATE 5
FOR OFFICIAL USE ONLY
APPLICATION#
DATE ISSUED
MAP/PARCEL NO. �.
ADDRESS VILLAGE
OWNER W
DATE OF INSPECTION:
�U�.FOUNDATION�:,-, , w
FRAME
•
INSULATION
FIREPLACE
r ELECTRICAL: ROUGH rr FINAL
i •'
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT
ASSOCIATION PLAN NO.
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
' 600 Washington Street
Boston,MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
Name (Business/Organization/Individual): !�z6eQ e/�/"f2�/���
Address: c8ij
City/State/Zip: .ter 1"19 02 Phone#:
re you an employer?Check the appropriate box: Type of project(required):
1. I am a employer with 4. I am a general contractor and I
employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction
2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling
ship and have no employees These sub-contractors have g, ❑Demolition
workingfor me in an capacity. employees and have workers'
y p �'• 9. ❑ Building addition
[No workers' comp. insurance comp. insurance.:
required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their I L❑Plumbing repairs or additions
myself. [No workers'comp. right of exemption per MGL 12.❑Roof repairs
insurance required.]t c. 152, §1(4),and we have no
employees. [No workers' 13.❑ Other
comp. insurance required.]
*Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
#Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have r
employees. If the sub-contractors have employees,they must provide their workers'comp.policy number.
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name: ��Ld� 7y-,fU2�/a 0,V 1�z A
Policy#or Self-ins.Lic.#: Expiration Date:
Job Site Address: City/State/Zip: Ce ��L"G�
Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to 1250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct.
Signature: Date:
Phone#: Il f J—V(f >5d— 6220
Official use only. Do not write in this area,to be completed by city or town official
City or Town: Permit/License#
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees.
Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire,
express or implied,oral orwritten."
An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more
of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required." /
Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall `
enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit or license is being requested,not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant
that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or
town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture
(i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,
please do not hesitate to give us a call.
The Department's address,telephone and fax number:
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street.
Boston,MA 0211.1
Tel,# 617-727-4900 ext 406 or 1-877-MASSAFE
Revised 4-24-07 Fax# 617-727-7749
www.mass.govfdia
Nlassachusetts- Department of Public Safet\
.Board of Building Regulations and Standards
Construction Supervisor License J,
c Liertse: CS 65007
- r� r
BRYAN E LAUZON
18 LAKEVIEW ST POBX 125 "
S CARVER, MA 02366 ,
Expiration: 8/23/2013 -
('ommissioner Tr#: 1839
Town of Barnstable
Regulatory Services
g rY
MAS&'STABM
Thomas F.Geiler,Director
Fo 9.
� Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, J di4iJ lnl, detn,A PW. Of'/.,. F:bL r Pb as Owner of the subject property
hereby authorize d g�A u Zon/ to act on my behalf,
in all matters relative to work authorized by this building permit.
0 ��z ee,9e,H oZ/ , ��n 'i/
(Address of Job)
**Pool fences and alarms are the responsibility of the applicant. Pools
are not to be filled or utilized before fence is installed and all final
inspections are performed and accepted.
X Si ature of ner Signature of Applicant
J61Ja 1.►r_..1 vR.o s �2Y��✓ ��9-�zor✓
Print Name Print Name
S/3//3
Date
Q:FORM&OWNERPERMISSIONPOOLS 6/2012
�tH Town of Barnstable
Regulatory Services
s a
MAM
'gar E Thomas F.Geiler,Director
i0?E1639. Building Division
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION:
number street village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
city/town state zip code
The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow
homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-
family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one
home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form
acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit (Section
109.1.1)
The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,
bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection
procedures and requirements and that he/she will comply with said procedures and requirements.
Signature of Homeowner
Approval of Building Official
Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code
Section 127.0 Construction Control. rt
HOMEOWNER'S EXEMPTION
The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt
from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner
engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor
(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often
results in serious problems,particularly when the homeowner hires unlicensed per`sons. In this case,our Board cannot
proceed against the unlicensed person as it would with a licensed Supervisor. The.homeowner acting as Supervisor is
ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the
permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page
of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in
your community.
C:\Users\decollikWppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\QRE6ZUBN\EXPRESS.doc
Revised 053012
Town of Barnstable Barnstable
' Administrative Services
Procurement& Risk Management AR-America City
BARNSrABLE, = 230 South Street, Hyannis, MA 02601 1 r
� M^SS' g' www.town.bamstable.ma.us
i6gq. �0
�FD MA't A
2007
David W.Anthony Tel 50"624652
Chief Procurement Officer Fax 508-862-4717
David.anthony@tow,n.barnstable.ma.us
August 14, 2012
Town of Barnstable
Building Department
200 Main Street
Hyannis Ma, 02601
Ref: Town of Barnstable Workman's compensation Coverage
The Town of Barnstable commencing on July 2011, chose to enter into a certified Self Insured
Workmans Compensation program. Instead of purchasing a policy with an insurance company as is
the traditional method, the Town self funds a trust fund and pays for the lost wages, salaries and
settlements out of this trust fund.
To manage the claims review and provide technical control of the program we contract with a
certified third party administrator— TD North Insurance.
The coverage of our employees for injuries suffered while at work is through this program and if
you have any further questions, please contract me directly.
Sincerely,
David W. Anthony
Chief Procurement Officer
Town of Barnstable
Town of Barnstable Geographic Information •System New.searen Home: Help
Parcel Viewer Custom Map; Abutters. Map Size. ® Zoom Out j ,I.n
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' t850 Mailing Address BARNSTABLE TOWN OF(CON:)
U " l30ft CONSERVATION.COMMISSION,
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$ te5o36 200 MAIN STREET
HYANNIS, MA 02601
Ati 14pras6d'Value (FY 2013),
Extra Features. $0 '
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SevScale 1" 208 eri Aal Photos MAP'DISCLAIMER Total Assessed $1,980,400
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Copyright 2605-201;0 Town;ot.,,Bamstabie,MA AIi rights reserved.Send;quest ons orcomments to GiS
Barnstat)IeMA v1.2.474,8 [Production].
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PROJECT
NAME: c��W�l k— rock
ADDRESS:
PERMIT# ZD-013 C),,-1 0
PERMIT DATE: I1 ( l
MIP: 1 g�
LARGE ROLLED PLANS ARE IN:
BOX f O
SLOT C�
Data entered in MAPS program on: : IA
BY:
q/wpfiles/forms/archive
Of BA �
CAPE COD COMMISSION
v ® t7l 3225 MAIN STREET
r P.O. BOX 226
BARNSTABLE,MA 02630.
9ssACHUSw� (508)362-3828
FAX(508)362-3136
E-mail:frontdesk®capecodcommission.org
TO: Town of Barnstable Town Clerk, Building Inspector, Conservation
Commission, Planning Board, Board of Appeals, Board of Health, DRI
Liaison and Chief of Police:
FROM: Gail P. Hanley, Clerk of the Commission_
SUBJECT: Centerville River Dredging and Craigville Beach Nourishment Phase II
Development of Regional Impact Decision
DATE: November 24, 2004
Enclosed please find a copy of the Centerville River Dredging and Craigville Beach
Nourishment Phase II Decision that was decided by the Cape Cod Commission on
November 18, 2004.
Also,please note that although local boards may attach conditions that are more
restrictive than the Commission's approval; a local approval may not be less restrictive.
It is suggested that local boards reference the Commission's decision and, where
applicable, attach conditions in their own approvals. Should you have any questions,
please do not hesitate to contact our office.
�._-Ro�-
)IF BA��'s CAPE COD COMMISSION
UO _._r" .3225 MAIN STREET
P.O. BOX 226
BARNSTABLE, MA 02630
`S (508)362-3828
�ss4CHvsw� FAX(508)362-3136
E-mail:frontdeskOcapecodcommission.org
DATE: November 18, 2004
TO: Town of Barnstable
367 Main Street
Hyannis, MA 02601
FROM: Cape Cod Commission
RE: Development of Regional Impact
Cape Cod Commission Act, Sections 12 and 13
APPLICANT: John Jacobson, Engineering Department, for the Town of Barnstable
Leslie Fields, Woods Hole Group, Inc. for the Town of Barnstable
PROJECT#: JR04002
PROJECT: Centerville River Dredging and Craigville Beach Nourishment—Phase 11
MAP/PARCEL: 206/013 Town of Barnstable
185/036 Town of Barnstable (C69428)
DECISION OF THE CAPE COD COMMISSION
SUMMARY
The Cape Cod Commission(Commission) hereby approves with conditions the application of the
Town of Barnstable (Applicant)as a Development of Regional Impact (DRI)pursuant to Sections
12 and 13 of the Cape Cod Commission Act(Act), c. 716 of the Acts of 1989, as amended, for the
proposed Centerville River Dredging and Craigville Beach Nourishment—Phase II (the Project)..
The.decision is rendered pursuant to a vote of the Commission on November 18, 2004.
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 1 of 18
T
PROJECT DESCRIPTION
Project Description
The Town of Barnstable (the Town) has developed a two-phased project to conduct maintenance
and improvement dredging in the Centerville River/East Bay estuary system for the purpose of
improving navigability within the waterway. Phase I work included maintenance dredging of
channel areas (Reaches 1 and 5)to the west of the Bumps River intersection with the Centerville
River; Phase II includes channel areas(Reaches 2, 3, and 4) to the east of that intersection. The
planning, engineering, and permitting process for Phase I was completed in October 2002. Phase I
work did not require review by the Cape Cod Commission as a DRI. Reach 1 dredging occurred
between December 2003 and January 2004. Due to construction delays, Reach 5 has not been
dredged to date.
Phase 1I project work constitutes this DRI..The proposed Phase 11 project includes maintenance
and improvement dredging of up to 31,180 cubic yards of sediment from the Centerville River for
the purpose of improving navigability within the waterway. As proposed Phase II divides the
Centerville River dredging into three reaches and characterizes the proposal for each reach as
follows:
Reach 2
• maintenance dredging of a maximum of 23,490 cubic yards
• area includes the Centerville.River east from the Bumps River intersection to the end of
Centerville Cove
• sediments characterized by a silt/sand mixture proposed for dewatering within basins
constructed on Craigville Beach(covering nearly 4 acres of coastal beach)
• sediments proposed for beach nourishment on Craigville Beach or for reuse at Resource
Recovery of Cape Cod in Sandwich
contains areas with "no shellfish," "low density", and"moderate to high density" of shellfish
(quahogs).' The Town proposes to conduct a relay prior to dredging to harvest quahogs from
the areas of"moderate to high density" that lie within the dredge footprint and to relocate them-
to other suitable habitat.
Reach 3
• improvement dredging of a maximum of 1,320 cubic yards
• area includes a 400-foot long spur from the Centerville River channel north to the Bumps
River bridge
• sediments characterized by primarily clean, well-sorted sands
1 .
The Town has determined that all areas proposed for dredging pursuant to this project contain
some density of shellfish. In their application, the Town has grouped shellfish densities into three
ranges of abundance, in a manner that allows for the mapping of shellfish located in the waterway.
The three ranges are "no shellfish," "low density," or"moderate to high density" (see figure 2-5,
p.9, "Response to Cape Cod Commission Comments on FEIR/DRI," dated September 9, 2004).
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 2 of 18
• sediments proposed for reuse as beach nourishment on the undeveloped eastern end of the
Long Beach barrier(including town-owned Conservation Commission property and private
property)
• contains areas with "low density" and"moderate to high density" of shellfish (quahogs). The.
Town proposes to conduct a relay prior to dredging to harvest quahogs from the areas of
"moderate to high density" that lie within the dredge footprint and to relocate them to other
suitable habitat.
Reach 4
• improvement dredging of a maximum of 6,370 cubic yards
• area includes a 1,500-foot long spur from the Centerville River channel to the north fork of the
river to the Craigville Beach Road bridge
• sediments characterized by primarily clean, well-sorted sands
• sediments proposed for reuse as beach nourishment on the undeveloped eastern end of the
Long Beach barrier(including town-owned Conservation Commission property and private
property)
• contains areas with "no shellfish," "low density, and "moderate to high density" of shellfish
(soft-shell clams). The Town did not propose to perform a relay prior to dredging to relocate
these soft-shell clams because they are more easily damaged than quahogs. Condition C-CR2
of this Decision requires harvesting prior to dredging within the dredging footprint of any
shellfish in the "moderate to high density" area and to relocate them to other suitable habitat.
PROCEDURAL HISTORY
An expanded Environmental Notification Form (ENF) was originally noticed under the
Massachusetts Environmental Policy Act (MEPA) on November 22, 2000. Phase I and Phase II of
the Town's proposed project were each subject to MEPA. The Town filed for and received a
Phase I waiver from MEPA. Phase II of the proposed project was subject to mandatory
Environmental Impact Report (EIR) provisions of the MEPA Regulations since it involves the
alteration of more than 10 acres of land under water and will require both a Chapter 91 License
and 401 Water Quality Certification from the Department of Environmental Protection.
Pursuant to.a Memorandum of Understanding between the Cape Cod Commission and the
Executive Office of Environmental Affairs, the Town elected to participate in a joint Cape Cod
Commission/MEPA review process for Phase II designed to address the concerns of both agencies
and to expedite project review. The Town filed a Joint Draft Environmental Impact Report .
(EIR)/Development of Regional Impact(DRI) on January 14, 2004, and a Joint Final EIR/DRI on
July 1, 2004. While under MEPA review an authorized subcommittee of the Commission held
duly noticed public hearings on February 17, 2004, and August 2, 2004. The Secretary of
Environmental Affairs issued a Final Certificate on the Joint.FEIR/DRI on August 16, 2004.
A duly noticed public hearing was conducted by the Commission pursuant to Section 5 of the Act
by an authorized subcommittee of the Commission on September 27, 2004, at the Barnstable
Senior Center, Hyannis, MA, on which date the public hearing was closed.
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DRI Decision—November 18,2004
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1 9
A
The Subcommittee held public meetings to deliberate on this project on October 8, 2004,
November 1 2004, and November 4, 2004. At the November 4, 2004 Subcommittee meeting the
Subcommittee took the following votes:
• Vote to recommend approval of the proposed maintenance dredging of Reach 2. Approved
unanimously by a vote of 5 to 0.
• Vote to recommend approval of the proposed improvement dredging of Reach 3. Approved
unanimously by a vote of 5 to 0.
• Vote to recommend approval of the proposed improvement dredging of Reach 4. Approved
by a vote of 3 to 2.
A final public hearing was held before the full Commission on November 18, 2004. At this
hearing,the Commission voted to approve the project as a DRI, subject to conditions. The
Commission voted as follows: unanimous vote to approve the maintenance dredging of Reach 2;
unanimous vote to approve the improvement dredging of Reach 3; 11 in favor and three opposed
to approve the improvement dredging of Reach 4.
In addition to the list of materials submitted for the record, provided below in Table 1, the
application and notices of public hearings relative thereto, the Commission staff's notes and
correspondence, the minutes of meetings and hearings, and all other written submissions received
in the course of the proceedings are hereby incorporated into the record by reference.
Table 1: Materials Submitted for the Record Date Submitted
From the Applicant:
Joint Draft Environmental Impact Report/Development of Regional Impact 14-Jan-04
DEIR/DRI
DRI Application;requesting joint review with MEPA 2-Feb-04
Final Environmental Impact Report/Development of Regional Impact 1-Jul-04
FEIR/DRI
Response to Cape Cod Commission Comments on FEIR/DRI 9-Sep-04
Letter from Woods Hole Group providing supplemental information in 4-Oct-04
response to September 22,2004 Staff Report
Letter from Woods Hole Group providing supplemental information in 21-Oct-04
response to staff concerns over stabilization of beach nourishment
Comments on Draft Findings and Conditions 1-Nov-04
Letter from Barnstable Planning Director re:project consistency 18-Nov-04
Correspondence received during MEPA EIR process .
Certificate of the Secretary on the DEIR 1-Mar-04
Certificate of the Secretary on.the FEIR 16-Aug-04
Letter of support for project from Barnstable Recreation Division 2/11/2004
Letter of support for project from Barnstable Marine and Environmental 12-Feb-04
Affairs Division
Letter of support for project from 65 Short Beach Road,Centerville, 23-Feb-04
resident
Letter of support for project from Long Beach(Homeowners)Association 21-Feb-04
Comment on DEIR from Barnstable Conservation Division 27-Feb-04
Comment letter on DEIR from Massachusetts Coastal Zone Management 5-Mar-04
I Office
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Comment letter on FEIR from Massachusetts Coastal Zone Management 12-Aug-04
Office
Comment letter on FEIR from Massachusetts Division of Marine Fisheries 9-Aug-04
Comment letter on FEIR from Massachusetts Board of Underwater 17-Sep-04
Archaeolo ical Resources
{fr
From the Commission
Staff Report on the DEIR/DRI 13-Feb-04
Comment Letter to MEPA on DEIR/DRI from DRI Subcommittee 23-Feb-04
Staff Report on the FEIRIDRI 23-Jul-04
Note from Staff to Woods Hole Group re Reach 3 and DEIR issues 3-Aug-04
Comment Letter to MEPA on FEIR/DRI from DRI Subcommittee 5-Aug-04
Staff Report on DRI for September 27,2004 Public Hearing 22-Sep-04
Memo to Subcommittee,Woods Hole Group,and Town re water and 4-Oct-04
coastal resource issues for October 8 Subcommittee meeting
Memo of Draft Findings and Conditions for Subcommittee and Town 28-Oct-04
Memo of revised Draft Findings and Conditions for Subcomimttee and 3-Nov-0-4
Town
From the Public
Petition for support of Reach 3 dredging from 83 Barnstable residents 27-Sep-04
Photos hand delivered at FEIR Public Hearing 2-Aug-04
Letter of support from 98 Long Beach Road,Centerville,.resident 7-Oct-04
TESTIMONY
While under MEPA review an authorized subcommittee of the Commission held two public
hearings on February 17, 2004, and August 2, 2004, to receive public comment on the Joint
DEIR/DRI and Joint FEIR/DRI, respectively.
The following oral public testimony was received on February 17, 2004:
Roy Richardson, Precinct 4 Town councilman, and Janet Joakim,Town councilwoman, both
spoke in support of the proposed project siting shellfish resource issues and the "social health" of
the river that they believe would be improved by the dredging. Dan'McCarthy, Barnstable
Assistant Harbormaster, spoke in support of the project and wants to see dredging accomplished.
Tony Balsamo spoke in support citing reasons of siltation in Reaches 3 and 4 and public safety
concerns. Jim Lane spoke in support citing reasons of water quality issues and the active Herring
Run. Jack Driscoll spoke in support and stated that nourishment has been done in the past and
should be done again. Neil Andres spoke in support citing concerns about heavy boat traffic and
belief that this dredging will alleviate the problem by widening the channels. Jim Pineau spoke in
support citing reasons of his belief that recent water quality improvement in the River are due to
success of Title 5 regulations but believes this dredging will help improve the River's water
quality. Mr. Pineau also cited safety concerns regarding crowded channels that are dangerous to
kayakers. Jim Pideaula, Michael James, and Wayne McGann each spoke in support of,the project
generally. . . _
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t
n ,
The following oral public testimony was received on August 2, 2004:
Brian Walls spoke in favor of the project citing reasons of observed decreases in wildlife over the
years and self observed revitalization after the Phase I dredging. John Gutrow spoke in support
citing reasons of extensive work done to date to develop the proposal and his belief that
nourishment on Long Beach would migrate to Craigville Beach. Bob Jones, a former council
member from the Town of Barnstable, stated his support for the project citing reasons of safety of
navigation and benefits from beach nourishment. Barbara Birdsee spoke in support citing reasons
of public safety related to a dangerous sandbar in the middle of the river that boats get stuck on.
John Pendergast Jr. spoke in support. Frederick Rust stated his support citing reasons of the need
for navigational improvements for larger boats and the benefits that would come with beach
nourishment. George Faherty had questions and comments regarding the need to know the impact
on the beach from increased nitrogen; how the dredging would affect shellfish; the fact that
dredging in the 1950s killed much of the shellfish in the river; how the dredge slurry pipe would
affect traffic and beach users; and the need for sand fencing.
A duly noticed public hearing was conducted pursuant to Section 5 of the Act by an authorized
DRI sub
committee of the Commission on September 27, 2004, at the.Barnstable Senior Center,
Hyannis, MA.
The following oral public testimony was received on September 27, 2004:
Roy Richardson, Barnstable Town councilman, spoke in favor of the project stating,his belief that
the project will be good for the town and may help address the Phragmites problem in the area.
Mr. Richardson later stated that people come from far and wide to boat on this river and that is one
of the most popular recreation destinations in the town. Dan Horn, Barnstable Harbormaster
spoke in favor of the project citing reasons of public safety and the public benefit that would result
because presently emergency access is restricted from Reaches 3 &4. Daniel McCarthy, Assistant
Harbormaster spoke in support of the project citing a situation when the Coast Guard grounded in
the river and stating his belief that it will improve flushing in the system. Mr. McCarthy later
stated that many people come to enjoy the river from all over Barnstable. Richard Hardy spoke in
favor of the maintenance dredging of Reach 2. Frederick Rust presented a petition of 80
signatures in favor of dredging Reach 3, citing reasons of improving recreation and water quality,
relieving the high rate of boating accidents that he observes, and enabling waterfront property
owners to access their docks and piers. Brian Wallace stated that the water is getting more
polluted and he observes a reduction in shellfish quantity and an increase in the size of boats on
the river as well as more kayaks. Dominick Gautrau spoke in support of the project citing reasons
of the eventual movement of the sand used for beach nourishment that will be a benefit of the
project since the beach is subject to erosion. He also stated later that further dredging beyond
g g Y
what is proposed here is not likelybecause it has taken the he Town ears to et to this point Y g p on the
present proposal. Tony Balsamo spoke in favor of the dredging citing the need to improve
navigation, noting that kayakers often ground and are in need of rescue, and his belief that
dredging will help fish. Nelson Orr spoke in favor of the dredging stating his belief that better
flushing would occur. James Padula and Michael Sullivan spoke in favor of the project, with
Sullivan believing that the project will benefit the environment. George Raymond spoke in favor
of the project citing reasons of the need to eliminate a bad odor from the river. Jack O'Malley
spoke in favor of the project citing reasons of pollution and public safety concerns. Neil Andres
spoke in support of the project, urging quick approval because of the short dredging window.
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David Drake stated that if the Barnstable Conservation Commission ultimately approves this
project then it must be acceptable, and urged quick approval. Jack Driscoll stated his belief that
the dredging would improve fishing in the river.
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JURISDICTION
The proposed Centerville River Dredging and Craigville Beach Nourishment—Phase II project
was referred to the Commission by the Town on February 2, 2004, because the project required
the filing of an EIR under Sections 61-62h of Chapter 30 of the general laws. The referral is
required by Section 12(i) of the Act and by Commission regulations.
FINDINGS
The Commission has considered the application of the Town of Barnstable (the Town) for the
proposed Centerville River Dredging and Craigville Beach Nourishment—Phase II, and based on
consideration of such application and upon the information presented at the public hearing(s) and
submitted for the record, makes the following findings pursuant to Sections 12 and 13 of the Act: .
General
F-GI. According to.a letter from the Barnstable Planning Director, the Project is consisteri with
the Local Comprehensive Plan and complies with local zoning.
Transportation
F-T1. According to the FEIR/DRI, the Town of Barnstable has proposed and will utilize the most
direct and least disruptive trucking route between the Craigville Beach parking lot and the'upland
disposal site at Resource Recovery of Cape Cod in Sandwich, MA. Also, trucking operations are
scheduled to avoid peak hours during the off-season and will be done during an appropriate
window between October 15 and April 15. These measures will ensure compliance with MPS
F-T2. Due to the temporary nature of any transportation impacts and the acceptable route and
time window for proposed trucking on regional roadways,there are no other transportation
Minimum Performance Standards at issue for this project.
Coastal Resources
F-CR1. Public testimony and testimony by Barnstable town officials has indicated that there is a
history of vessels attempting to transit shallow and narrow portions of the river and running
aground, creating a public safety hazard. No management controls such as draft restrictions, speed
limits,.or posted"no wake zones" currently exist in the area. The Towri has demonstrated that the
proposed new dredging of Reaches 3 and 4 is necessary pursuant to MPS 2.2.3.6 because the
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project will improve navigation by alleviating safety hazards to vessels navigating in certain
shallow and narrow water ways.
F-CR2. The Town has demonstrated that there are no feasible alternatives to the proposed new
dredging at Reaches 3 and 4 (pursuant to MPS 2.2.3.6)that will alleviate hazards to vessels
navigating in shallow and narrow waterways, as described in F-CR1.
F-CR3. . The proposed new dredging of Reaches 3 and'4 provides a substantial public benefit
pursuant to MPS 2.2.3.6 because the project will: improve navigation by alleviating some safety
issues arising from public use of certain shallow and narrow waterways; fortify coastal beaches
and critical habitat; and,provide a sediment source,for the littoral system.
F-CR4. According to MPS 2.2.3.8, development and redevelopment shall be designed to
minimize direct and secondary impacts to fish, shellfish, and crustaceans. Both the maintenance
and the new dredging will have immediate
g g adverse impacts to shellfish habitat through th p g e
excavation of sediment currently serving as habitat for"moderate" and"moderate to high" (as
defined by the applicant) densities of Quahogs (Mercenaria mercenaria) in Reach 2 and Reach 3,
and moderate to high densities of soft shell clams (Mya arenaria) in Reach 4. The dredging will
have long-term impacts to shellfish habitat by altering the composition of the material available
for"sets"of shellfish spat. In some areas this may.produce a short-term improvement. However,
over time fine sediments will accumulate on the bottom of the channel unless maintenance
dredging operations return the channel to the design depth.
F-CR5. According to.MPS 2.2.3.8, development and redevelopment shall be designed to
minimize direct and secondary impacts to fish, shellfish, and crustaceans. New and maintenance
dredging.will have immediate adverse impacts to shellfish and crustaceans because organisms that
are not removed from the dredging footprint are likely to be lost. The Town proposes to minimize
direct impacts by relocating existing Quahogs from Reach 3 and from two areas in Reach 2 prior
to dredging. The Town also proposes to recover Quahogs from dredged material pumped to Long
Beach and to relocate them to suitable areas.
The shellfish within the Phase II project area are currently closed to harvest for human
consumption. According to the Town's Harbormaster the Bumps River has been closed to
shellfishing since 1986; the Centerville River has been closed to shellfishing since 1994; and the
East Bay area of the Centerville River has been closed to shellfishing since 1995. Regardless of
the suitability of the shellfish for human consumption, the shellfish in the existing shallow
estuarine system are a resource protected under the RPP. They are an important component of the
environment that provide forage for other marine and coastal species including fish, crustaceans
and birds, and they provide spawning biomass for other areas that may be open to harvest. If the
sources of contamination causing the closure (often attributed to runoff and stormwater or
wastewater systems) were addressed, these shellfish areas may be opened for shellfishing at some
time in the future.
F-CR6. According to MPS 2.2.3.8 development and redevelopment shall be designed to
minimize direct and secondary impacts to fish, shellfish and crustaceans. Dredging will alter the
volume.and rate of flow of water in the anadromous fish run. Phase I of the project involved
�I
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I
t
dredging in quantities that exceeded the scope of the project described in'permitting materials.
Dredging beyond the envelope proposed in Phase II could have adverse impacts that were not
examined during the permitting process. However, because the physical alteration is likely to
have minimal long-term adverse impacts on the river's suitability as anadromous fish habitat,the
project can be conditioned to minimize direct and secondary impacts to fish by ensuring that"the
channel does not exceed proposed dimensions and is constructed pursuant to the project design.
F-CR7. According to MPS 2.2.3.8 development and redevelopment shall be designed to
minimize direct and secondary impacts to fish, shellfish and crustaceans. Dredging will loft fine
sediments and detritus into the water column, which is likely to have a short-term adverse impact
on fish, shellfish, and essential fish habitat (EFH). In their response dated March 5, 2004, to the
DEIR/DRI the National Marine Fisheries Service recommended that the project be subject to time
of year restrictions and be limited to maintenance dredging only. Also,National Marine Fisheries
Service required that the Town conduct an expanded EFH assessment because of"potentially
significant adverse effects on EFH." The Town conducted the EFH assessment on during August
and September 2003 and information gathered was supplemented, or"ground-truthed," with a x '`
fisheries survey conducted during September 2003, which found the site to be a productive and
diverse estuarine ecosystem. To comply with MPS 2.2.3.8 the Town proposes to minimize short-
term adverse impacts by adhering to time of year restrictions for dredging and ensuring that fine
sediments are handled properly.
F-CR8. According to Other Development Review Policy 2.2.2.14, boat traffic should be
minimized in critical habitat areas such as "shallow estuarine areas." Unless additional
management tools (as described in C-CR5) are adopted, new dredging will allow for boats of
greater draft to transit portions of the river with greater frequency and at a greater velocity than
when the channel was depth-restricted at low tide. Such intensification of use will cause persistent
Adverse impacts to wetland resources adjacent to the channel and could perpetuate public safety
hazards. In their response dated February 23, 2004,to the DEIR/DRI the Massachusetts Division
of Marine Fisheries described these adverse impacts as including"erosion of salt marsh and
coastal bank due to boat wakes,increased risk of related fuel and oil spills, and related impacts
from dock construction and/or expansion." The implementation of C-CR5 could minimize such
adverse impacts.
F-CR9. MPS 2.2.2.12 directs that,wherever feasible, dredged material shall be used on public
beaches subject to erosion. The standard also allows for the use of nourishment material on
private property where no feasible public site exists and where storm damage prevention may be
enhanced for multiple private properties. Beach nourishment is proposed to occur on both public
and private lands at Long Beach. Long Beach is coastal barrier beach and dune system that
provides some protection for the Centerville River navigation channel and private development on
the north shore of the river from storm damage. The planting of supplemental vegetation in
accordance with MPS 2.2.2.11 will improve the longevity of the nourishment material deposited
on Long Beach.
F-CR10. MPS'2.2.i.2 states that public access shall be provided at all publicly funded beach'
nourishment sites,where such access will not impair natural resources. A portion of the material
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DRI Decision—November 18,2004
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generated by new dredging is proposed for use as beach nourishment on land that is in private
ownership, and that proof of public access is required.
F-CR11. The Town of Barnstable manages Craigville Beach with summer recreational beach use
as the prevailing interest. Information provided by the applicant and public testimony described
the intensive use of the site during the summer, as well as describing problems caused by the
erosion of beach material onto areas to the north of the beach, including the Craigville Beach
parking lot and Craigville Beach Road. The Town indicated that the past practice has been to
collect the material for reuse or disposal offsite depriving the littoral.
p � p g system of the material. MPS
2.2.2.11 requires th
e use
of vegetative stabilization to enhance the longevity
g y of nourishment placed
on the shore during beach nourishment operations. The pre-existing use of the site should be
considered when determining the type, density, and distribution of vegetation used to satisfy this.
stand
ard.
F-CR12. Goal 2.2.3 stresses the need to maintain and improve coastal water quality, particularly
when it provides shellfish and finfish habitat. The Project entails the stockpiling of material on the
surface of the existing Craigville Beach Parking lot for further dewatering and storage. Proper
management of stockpiled material is essential to ensure that it is not conveyed to coastal waters
by the existing stormwater system.
The proposed nourishment of Craigville Beach also involves the excavation of dewatering basins
on the beach and the management of hydraulic flow to separate suitable nourishment material
from fines, which are unsuitable for placement on the beach: Proper management of dewatering
structures and operations is essential to ensure that fine sediments are not conveyed to coastal
waters during dredging operations.
F-CR13. MPS 2.2.2.11 states that monitoring and maintenance plans shall be required of all
nourishment projects. The provisions of a suitable monitoring and maintenance plan are outlined
in C-CR12.
F-CR14. Reach 2 of the Centerville River is proposed for hydraulic cutter head dredging of
approximately 16,280 cubic yards of material, to attain a final depth of-6 MLW. As proposed,the
work is (by definition)maintenance dredging. The project will restore the channel to its
previously,permitted configuration and thus restore navigation that has been affected by shoaling.
Provided that dredging of Reach 2 is carried out within the proposed footprint, it is not anticipated
to have significant long-term
rm adverse impacts
g g cts to coastal resources if conditions
p d bons C-CR4, C-CR6,
and C-CR9 through C-CR13 (related to time of year restrictions and dewatering and nourishment
activities at Craigville Beach) are met.
Water Resources
F-WRL Commission analysis of nitrogen loading and tidal flushing in the Centerville River/East
Bay embayment system identified the system as nitrogen overloaded (Eichner, et al., 2002).
Projects within embayment watersheds where the embayment has water quality problems or the
watershed nitrogen load exceeds a loading standard are required to have no net nitrogen loading
(MPS 2.1.1.2.C.2).
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F-WR2. Dredging within an embayment system increases its internal volume, which causes
nutrients to remain longer in the embayment and worsens water quality conditions. Conversely,
the removal of the sediments may improve water quality by removing the portion of the sediment
nitrogen that is labile and would otherwise contribute to internal nitrogen loads within the
embayment. Refined data collection and modeling of these competing impacts is usually required
to definitively determine whether dredging provides a net water quality benefit. The Town has not
undertaken such work for the Centerville River system and therefore water quality effects
associated with this proposed project are unknown.
F-WR3. Based on the nutrient data from sediments in areas proposed to be dredged (Table 5-1 in
the DEIR/DRI),a simple calculation results in an estimate of between 387 and 1,055 kilograms
(kg) of nitrogen in the sediments to be dredged. A portion of this nitrogen would discharge into
Craigville Beach and into Centerville Harbor during the dewatering process, while the remaining
sediment portion will be trucked off-site to Resource Recovery of Cape Cod,which is located `
within the Sandwich Harbor watershed. Using a series of reasonable assumptions, the Town's .
consultants estimated that 974 kg will be discharged into Centerville Harbor during the dewatering
process on Craigville Beach and 291 kg will be taken into the Sandwich Harbor watershed in
17,620 cubic yards of dredged material.
F-WR4. Using a previously completed flushing study of Sandwich Harbor(Woods Hole Group;
2001) and the critical loading limits in the Commission's Nitrogen Loading Technical Bulletin
(Eichner and Cambareri, 1992), Commission staff determined that the critical nitrogen loading
limit for Sandwich Harbor is 15 kg of nitrogen per acre of watershed. MPS 2.1.1.2.C.1 requires
that all projects have nitrogen loads less than the identified critical nitrogen load for the impacted
embayment. Disposal of 291 kg of nitrogen on the 31 acre ReSource Recovery site results in a
load of 9.4 kg/ac,which is less than the identified critical nitrogen load for Sandwich Harbor and,
thus,meets MPS 2.1.1.2.C.1.
F-WR5. Although a larger mass of nitrogen is being discharged into Centerville Harbor than to
Sandwich Harbor, Centerville Harbor is not an embayment and is very well flushed by Nantucket
Sound. The nitrogen discharge from the sediments and their dewatering is unlikely to have any
long-term impact on water quality in Centerville Harbor, especially given the proposed fall/winter-
dredging schedule.
F-WR6. Based on the information in the FEIR/DRI, the dredging in the entire system (both East
Bay and Phase II) will increase the overall volume by 5.1%. This increase includes the excessive
dredging of East Bay during Phase I of the project; the volume of East Bay was increased by 5.6%
compared to the 2% increase proposed in the Phase I.plans. In_ Phase II area, the proposed
dredging will increase the volume by 4.7%.
F-WR7. It is unclear how much these volume changes will impact water quality without further
refined tidal flushing and water quality analyses. Holding tidal flushing constant, these volumes
change,the critical loads (or nitrogen limits) for the system and subembayments by less than a
tenth of a percent(<0.1%). The 387 and 1,055 kg of sediment nitrogen estimated to be removed
from'the system between °0.4 and
1.2/o respectively,
tivel of the upper
Y e Centerville
p y, pp River annual
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1
nitrogen load. Since these percentages are so small, a definitive water quality benefit or detriment
cannot be assigned
to the overall dredging project.
F-WR8. More refined collection of, at the very least, tidal data, water nitrogen concentrations,
and sediment regeneration, as well as incorporation of this information into a detailed estuary
model, would be needed to definitively assess the water quality benefits and detriments of the
overall project. This type of data is collected and modeled through the Massachusetts Estuaries
Project.
Natural Resources/Open Space
F-NR1. The upland portions of the Project are located in rare species habitat as mapped by the
Natural Heritage Atlas,third edition. According to the Natural Heritage and Endangered Species
Program (NHESP), the project as designed and conditioned in C-CR6 is anticipated to.result in
beneficial impacts to actual habitat of state listed shorebirds, including Piping plovers, Least terns,
and Common terns. In order to ensure compliance with MPS 2.4.1.4 (no adverse impacts to rare
species or their habitat), monitoring and management is necessary to ensure that shorebirds and
their nest sites are not disturbed by people or dogs. In addition, as conditioned in C-CR7 and C-
CR9, snow fencing should only be permitted seasonally between October 15 and March 31..
F-NR2. Piping of the dredge slurry will result in minor temporary impacts to salt marsh located at
the head of Centerville Cove where tubing will be laid directly on the marsh vegetation. The
Town evaluated several dredge spoil disposal alternatives in the.DEIR/DRI, settling on the present
proposal as having the fewest environmental impacts. The Town plans to minimize the impacts to
the marsh during construction of the tubing through the use of a rubber-tired front-end loader
operating on crane mats. All disturbed areas will be revegetated. Timing of the Project during the
fall and winter months will also contribute to minimizing impacts to the salt marsh. MPS 2.3.1.1
allows for wetland alteration for water dependent projects where no feasible alternative exists and
the proposed alteration is the minimum necessary.
Conclusion
Based on the findings above,the Cape Cod Commission hereby concludes:
• The benefits of the Project outweigh the detriments as supported by findings F-CRI, F-CR2,
and F-CR3.
• The Project complies with the Minimum Performance Standards of the Regional Policy Plan.
• The Project is consistent with local zoning and with the Barnstable Local Comprehensive Plan.
The Commission hereby approves with conditions the application of the Town of Barnstable for
the proposed Centerville River Dredging and Craigville Beach Nourishment—Phase II as a
Development of Regional Impact, provided the following conditions are met:
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CONDITIONS
General
x
GGL This DRI decision is valid for 7 years and local development permits may be issued
pursuant hereto for a period of 7 years from the date of the written Decision.
GG2. 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 Decision upon notice to the
applicant and an opportunity to be heard.
GG3. The Town of Barnstable shall obtain all necessary federal, state, and local permits for the
proposed project. The Town shall forward to the Commission copies of any and all permits and
approvals issued in relation to this project and issued subsequent to this Decision.
GG4. No development work, as the term "development" is defined in the Act, shall be
undertaken until all appeal periods have elapsed or, if such an appeal has been filed, until all
judicial proceedings have been completed.
GGS. Any future dredging proposed within this Project's dredging footprint that.meets the
definition of improvement dredging will require a modification of this Decision.
GG6. The proposed Centerville River Dredging and Craigville Beach Nourishment—Phase II
project shall be constructed as proposed in the DEIR/DRI, dated January 14, 2004, and as
modified and specified in:
• FEIR/DRI, dated July 1, 2004;
• Response to Cape Cod Commission Comments on FEIR/DRI, dated September 9, 2..004;
• Proposed Beach Nourishment Template, as revised on October 19, 2004; and
• this Decision, dated November 18, 2004.
GG7. The following Certificates of Compliance shall be obtained by the Town:
• Certificate of Compliance#1 —shall be obtained prior to undertaking any dredging
0 Certificate of Compliance#2—shall be obtained upon completion of all dredging and beach
nourishment
• Certificate of Compliance#3 —shall be obtained one year after the completion of all dredging
and beach nourishment
• Certificate of Compliance#4—shall be obtained three years after the completion of all
dredging and beach nourishment
GG8. Prior to receiving Certificate of Compliance#1 the Town shall convene a pre-dredging
consultation with Commission staff, the Town of Barnstable dredging project manager, and the
County dredge operator/manager to review construction details, phasing, and any project
conditions of this Decision.
GG9. The Town of Barnstable shall notify Commission staff of the intent to seek Certificate of
:Compliance#1 at least ten business days prior to dredging. The Town understands that the
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 13 of 18
Commission has no obligation to issue any Certificate of Compliance unless all conditions are
complied with or secured consistent with this Decision.
Coastal Resources
C-CRI. The Town shall conduct a survey of shellfish habitat characteristics in the dredge
footprint within one year after the completion of dredging. Areas that supported moderate or high
densities of quahogs or soft shell clams prior to dredging shall be re-seeded with the appropriate
species under the direction of the Town's Shellfish Biologist. A report describing the quantity of
seed distributed and its location shall be submitted to the Commission following assessment and
re-seeding, but later
no than six months after re-seeding is completed. The report shall include a
narrative describing any observed changes in habitat characteristics since the dredging, and
identify,areas that are unsuitable for seeding. This condition shall be met prior to the issuance of
Certificate of Compliance#3.
C-CR2. The Town shall conduct a relay to remove shellfish from all areas within the dredging
footprint that are,identified as having a"moderate to high" shellfish density, per figure 2-5, p.9,
"Response to Cape Cod Commission Comments on FEIR/DRI," dated September 9, 2004. This
in areas in each of Reaches 2, 3, and 4. Collected shellfish shall be used to fortify an area of
suitable habitat identified by the Town's Shellfish Biologist. This relay shall be accomplished
prior to the issuance of Certificate of Compliance#1.
The Town shall also undertake a shellfish recovery program at Long Beach according to the
protocol set forth on page 18 of the "Response to Cape Cod Commission Comments on
FEIR/DRI," dated September 9, 2004. This protocol shall ensue.during construction and
renourishment operations.
C-CR3. The Town shall conduct a post-project bathymetric survey. Any depth gained by
incidental dredging beyond the design depth of-6 MLW for Reach 2, and—4 MLW for Reaches 3
and 4 shall not be maintained. For the purposes of Cape Cod,Commission review, any additional
depth beyond the design depth shall not qualify as maintenance dredging for future projects. The
total amount of material to be dredged from the three reaches shall not exceed 31,180 cubic yards
in the aggregate, including the allowance for incidental over-dredging. This condition shall be met
prior to the issuance of Certificate of Compliance#2.
C-CR4. As described in the permit documentation, operation of dredging and discharge apparatus
shall be limited to the period from October 15 to February 15 as described on page 18 of the
"Response to Cape Cod Commission Comments on FEIR/DRI," dated September 9, 2004. This
condition shall be met prior to the issuance"of Certificate of Compliance#2.
C-CRS. Reaches 3 and 4,the areas proposed for new dredging, shall be posted with"no wake
zone"buoys following construction. Buoys may be permanent or may be removed and replaced
on a seasonal basis in accordance with the Harbormaster's annual mainte
nance of aids to ,
navigation. The Town shall post signs indicating average depth to MLW at the upstream terminus
of new dredging in Reach 3 and Reach 4 to provide notice to boaters of limited depths that exist
beyond the dredged area. The Town shall post a sign with a map depicting the bathymetry of the
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 14 of 18 .
I - r
maintained channel and the upper reaches of the Bumps River and Centerville River area in a
prominent location at the public landing site. The map shall indicate that all areas with depths
shallower than—2 MLW are recommended for"high tide access only." This condition shall be
met prior to the issuance of Certificate of Compliance 42.,
C-CR6. Sandy dredged material shall be placed on existing dunes and beach to create a''roughly
flat 60 foot-wide berm that will be extended further seaward at a 10:1 slope to meet the natural
grade of the beach. No beach nourishment or grading of dredged material on the beach shall occur
between April 1 and August 31. The Town shall collect a post-project beach profile of the regions
nourished on Craigville Beach and Long Beach to ensure that the final beach profiles meet these
specifications. This condition shall be met prior to the issuance of Certificate of Compliance#2:
C-CR7. Material placed on Long Beach shall be re-vegetated from a point where the grade of the
flat upper berm of the beach meets the 10:1 slope on the seaward side of the dune, and shall
continue landward to meet existing beach grass of equal or greater density or the edge of existing
woody vegetation, and include any areas where the existing toe of the dune has eroded or"blown
out." Minimum density shall be two culms of Cape American beach grass (Ammophila ;.
breviligulata)planted every three feet on center to a depth of ten inches. No other vegetation is
permitted. No snow fencing shall be placed on the nourished beach between April 1 and August
31. This condition shall be met prior to the issuance of Certificate of Compliance #2..
C-CR8. To ensure that the public interest is accommodated in the use of the material used for
beach nourishment on private parcels at Long Beach, copies of easements allowing the public to
cross over the nourished areas shall be provided by the Town along with a parcel map correlating
the instrument conveying the right to pass with the location of the property.,This condition shall
be met prior to the issuance of Certificate of Compliance #l.
C-CR9. Vegetative stabilization and seasonal, temporary fencing shall be utilized at Craigville
,Beach and be designed as follows to provide containment for material subject to wind erosion
during the winter months, while having minimal impact on the Town's primary use for the site:
(a) Prior to the issuance of Certificate of Compliance #2, Cape American beach grass
(Ammophila breviligulata) shall be planted and maintained on Craigville Beach at the
periphery of the recreational beach consistent with the plan entitled, "Proposed Beach
Nourishment Template," sheet 3 of 3, as revised on October 19, 2004. The grass shall be
planted three-feet on center, and shall be protected from pedestrian traffic by fencing. The
specific type of fencing shall be proposed by the Town and shall be found acceptable to the .
Natural Heritage and Endangered Species Program and approved by Cape Cod
Commission staff. Fencing shall be maintained and kept in good repair at all times. The
initial density of three-feet on center shall represent the baseline for density of live plants.
(b) Prior to the issuance of Certificate of Compliance #4,the Town shall monitor the site
on an annual basis, and install additional.culms of beach grass during the planting season
each year to ensure that the minimum density is maintained. No other vegetation is
permitted. No snow fencing shall be placed on the dredged material between April 1 and.
August 31:
Centerville River Dredging&Craigville Beach Nourishment JR04002
m
DRI Decision—November 18,2004
Page 15 of 18
If
(c) Because the Town has requested that the use of vegetation be minimized in light of the
intensive use of the site, and with due regard for the type and timing of erosion occurring
at the site, temporary snow-fencing shall be deployed on a seasonal basis. The fencing
shall be installed along the seaward edge of the Craigville Beach Parking lot. The distance
from the parking lot shall be determined by the Town on an annual basis based on
prevailing site characteristics at that time. The fence shall be installed to run parallel to the
high water line by November 20 each year and shall be removed by March 31, but no
earlier than March 1, of the following calendar year. The fencing shall be a double row, 3
to 4 feet high, and approximately 8 to 10 feet apart. The Town shall maintain the fencing
and any damage sustained during storm events or due to vandalism shall be repaired
immediately.
C-CR10. Grain size testing and management of discharged material shall be performed on the
materials in each basin as described in Section 2.0(D) of the FEIR/DRI. Only sediment with a fine
fraction of less than 15% may be used for beach nourishment. 'Per the Town's proposal, upon
decommissioning of the dewatering basins on Craigville beach,the Town shall excavate material
from the bottom of the basin to a depth of 0' NGVD (basin design depth of+1 plus one foot of
over-excavation to remove residual fines)prior to filling with compatible nourishment material, in
order to ensure that fine material lodged in.the basin is removed to the greatest extent possible.
This condition shall be met prior to the issuance of Certificate of Compliance#2.
C-CRI1. Prior to the commencement of dewatering operations on Craigville Beach parking lot,
the Town shall ensure that existing drainage basins are protected from flows that may emanate
from the stockpiled material. Catch basins on the site shall be cleaned immediately after beach
nourishment activities have been completed.
C-CR12. Prior to receiving Certificate of Compliance#1, the Town shall present a plan for
approval by Cape Cod Commission staff showing the location of work and specifying the dates
that the required monitoring and maintenance.protocol will be undertaken. Prior to the issuance of
Certificate of Compliance#4,the Town shall comply with the following monitoring and
maintenance protocol in accordance with MPS 2.2.2.11:
The Town shall establish a minimum of two fixed locations on Craigville Beach and shall
record elevations with suitable GPS equipment along fixed transects on a path generally
perpendicular to mean low water, extending from mean low water to the edge of the
parking lot. One site shall be equidistant from the west property boundary and the
centerline of the property; the second shall be equidistant from the east boundary of the
property and the centerline of the property. Profiles shall be generated to provide an
estimation of changes in beach profile and the location'of mean high water, across the
beach and in areas where seasonal erosion control measures are deployed. The Town shall .
establish three locations to record transects on Long Beach, two within the area that has
received nourishment and one in an area downdrift of the area to be nourished during
Phases I and 11 of the Centerville River dredging project. Transects shall be collected on at
least an annual basis for a minimum of three consecutive years.
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 16 of 18
H
s
C-CR13. Prior to the issuance of Certificate of Compliance#4, the Town shall use GPS
equipment to locate the mean high water line in relation to existing aerial photographs at
nourishment sites. There shall be no requirement to supplement nourishment or to maintain post-
project beach profiles. Maintenance pursuant to MPS 2.2.2.11 shall be accomplished by meeting
the requirements of C-CR9.
Water Resources
C-WR1. No more than 17,620 cubic yards of Phase II dredge material shall be disposed of at
ReSource Recovery of Cape Cod, Sandwich, Massachusetts. Documentation of the final disposal
amount shall be provided to the Commission prior to the issuance of Certificate of Compliance#2.
Natural Resources
C-NR1. To prevent disturbance or direct mortality to Piping plover, Common or Least tern
adults eggs, or chicks signs shall be clearly °
gg � g y posted prohibiting dogs on the town-owned beaches
within the project area between April 1 and September 15 of each year.
C-NR2. To ensure no adverse impacts to rare species as required by.MPS 2.4.1.4, the Town of
Barnstable, through its Conservation Commission, and in conjunction with a competent third party
as appropriate, shall monitor the project beach nourishment sites for abundance, distribution, and
reproductive success of Piping plovers and Least and Common terns. Symbolic twine fencing and
warning signs shall be erected around nests when found-to deter human or other disturbance to the
nests.
C-NR3. Construction of the dredge slurry piping over the salt marsh located at the head of
Centerville Cove shall be mitigated through the following measures:
a. Crane mats shall be used in conjunction with a rubber-tired front-end loader to place
pipe sections directly on the marsh ground surface. Connection of pipe sections shall be
performed by hand to minimize impacts to the marsh.
b. Consistent with other timing constraints for this project, construction activities in the
marsh shall occur only between October 15 and March 3 1 in order.to take advantage of the
season when marsh vegetation is dormant.
c..Areas of the saltmarsh disturbed by construction or as a result of the pipes.laying on the
marsh surface shall be revegetated.
C-NR4. To ensure no adverse impacts to rare species as required by MPS 2.4.1.4, disposal of
dredge spoils from Reaches 3 and 4 onto Long Beach shall be limited to the time between October
1'5 and March 31 and best management practices shall be used to minimize impacts to beach
resources, as necessary.
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 17 of 18
1
The Cape Cod Commission hereby approves with conditions the application of the Town of
Barnstable as a Development of Regional Impact pursuant to Sections 12 and 13 of the Act, c. 716
of the Acts of 1989, as amended for the proposed Centerville River Dredging and Craigville Beach
Nourishment—Phase Il project located in Centerville, Massachusetts.
David Ansel, Ch r of the ommission Date
Commonwealth of Massachusetts
County of Barnstable
On this lath day of November, 2004, before me, the undersigned notary public, personally.appeared Mr.
David Ansel,proved to me through satisfactory evidence of identification, which were � � - -
�..:o.0,)f,,1- _ , to be the person whose name is signed on the preceding`or attached document, and acknowledged
to me that(he)(she) signed it voluntarily for its stated purpose.
Notary Public OFFICIAL SEAL
Corrimonweal'th of Massachusetts CAROLLE D. WHITE
NOTARY PUBLIC - MASS.
6ARNSTABLE COUNTY
`� My Comm. Expires April 18, 2008
r,58���
My Commission Expires.- (1t1 . � 1'' U S
Be
I
Centerville River Dredging&Craigville Beach Nourishment JR04002
DRI Decision—November 18,2004
Page 18 of 18
CF THE Tp� Town of Barnstable *Permit# a 7
Expires 6 n:ontlis from issue date
: .ARNSrABLE, : Regulatory Services Fee
v MASS. Thomas F.Geiler,Director
�A i6g9. �0
rFDMO,ta Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038
Fax: 508-790-6230
EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press Imprint
Map/parcel Number OVA,D_�S�0'VIj U
Mo
Property Address eno — End 0r a-ecr_vl
❑Residential tt Value of Work
Owner's Name&Address CoAWJr.�-u N l Df►'1M iJS;u J
2,GO 0 Z601
Contractor's Name k—' 2A,rner(Lep —TelephoneNumber SD 5-g6Z`l C)e1•S
Home Improvement Contractor icense#(Applicable).
Construction Supervisor's License#(if applicable)
❑Workman's Compensation Insurance
Check one:
❑ I am a sole proprietor
❑ I am the Homeowner
❑ 1 have Worker's Compensation Insurance
Insurance Company Name
Workman's Comp.Policy#
Permit Request(check box)
❑ Re-roof(stripping old shingles)
❑Re-roof(not stripping. Going over existing layers of roof)
❑ Re-side
❑ Replacement Windows. U-Value (maximum.44)
Other(specify) 51+» L Fl 0, C de,}; 0 LY
sec"
/;�)MSyir
CUVeri
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,Vi.e.Historic,Conservatio etc.
J K2 T
Signature
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Boston, MA 02111
GENERAL LIABILITY
COVERAGE
DECLARATIONS CONTRACT# BAR00246-03-00
#1 MEMBER NAME ANOADER 55:
BARNSTABLE COU TY
,PO BOX 427
BARNSTABLE,MA 6263
#2 CONTRACT PERIOD:' F M 07/01/2000 TO 07/01/2003
12 : 01 AM STANDARD TIME
AT HE ADDRESS SHOWN ABOVE.
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#3 SCHEDULE OF GENIARAL I BILITY COVERAGES: Limits of Insurance Deductible
Each Occurrence Limit $1,000,000 NONE
Personal And Advertising lnj Liability Limit $1,000,000 NONE
Employee Benefit Liability Li i $1,000,000 NONE
Medical Payments Limit $10,000 Any One Person NONE
Medical Payments For Qerta n fficials $25,000 Any One Person NONE
General Aggregate Limit $3,000,000 Each Location NONE
(Other Than ProduOts-Cc rn Dleted Operations)
Products-Completed 4erati Dr s Aggregate Limit $3,000,000 NONE
Personal Liability-Electod an ppointed Officials NOT COVERED
Annual Aggregate Omit
#4 FORMS AND ENDOR EME 4 S ATTACHED TO THIS CONTRACT:
DEC 3, MGP 001 (079t), MOP 002(0700), MGP 006(0795), MGP 009(0796),
MGP 013(0794), MGP'019 96),MGP 020.(0796), MGP 022(0799). MGP 050(0799),
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