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0144 TROUT BROOK ROAD
1 4 %Rau rooK ��� � �o��� � 9 � TOWN OF BARNSiABI-E 2013 JUL -9 PI l 12. 5 6 -Q-Ak tiLN u e c P--- Nu vy\ln-pp- a-F.L� 'S PA(��PCT— IN CPi f e, 2o,r7lS2o�. eKfo-r-T To Ynov-e— i�ixLA-AP-L. Scvt4ek C� IN\N Lk 'x UP f �tNE TOWN OF BARNSTABLE dild- ■Bin200700-608 g * BA NSTABLE, Issue Date: . 06/28/07 Permit y MASS 039. ��� Applicant: HOSTETTER,ADAM CFO s Permit Number: B 20071520 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 12/26/07 Location 144 TROUT BROOK ROAD Zoning District RF Permit Type: NEW SINGLE FAMILY HOME Map Parcel 008009 Permit Fee$ 1,066.00 Contractor SMITH, JAMES Village COTUIT App Fee$ 100.00 License Num 005190 Est Construction Cost$ 260,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CONSTRUCT A NEW 3 BEDROOM HOME THIS CARD MUST BE KEPT POSTED UNTIL FINAL CHANGE OF CONTRACTOR 1/16/2013 TO JAMES SMITH INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PANDIT,KRISTIN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 256 CANTON AVE MILTON,MA 02184 INSPECTION HAS BE DE. Application Entered by: RM Building Permit Issued BY: THIS PERMIT CONVEYS N0 RIGHT TO:000UPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY: ENCROACHMENT" ` �' N�LiCVROPERTY,NO SPECIFICALLY PERMnTBD UNDER THE BUII.DING CODE,MUST BE APPROVED BY.THE NRISDICTION: STREET OR ALLEY'GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE`.' OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS THE ISSUANCE OF THIS PERMTT DOES NOT RELEASE THE'APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION .'RESTRICTIONS MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: l.FOUNDATION OR FOOTINGS. -. —ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. I.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). i.INSULATION. S.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF C,'ONSTRUCTION. ?ERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF )ATE THE PERMIT IS ISSUED AS NOTED ABOVE. 'ERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). jog NU sm. . � BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS 'ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE Building 200700608Permit * BARNSTASLE, Issue Date: 07/09/13 MASS. Ar16�A�� Applicant: HOSTETTER,ADAM Permit Number: B 20131761 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 01/06/14 Location 144 TROUT BROOK ROAD Zoning District RF Permit Type: NEW SINGLE FAMILY HOME Map Parcel 008009 Permit Fee$ 75.00 Contractor SMITH,JAMES Village COTUIT App Fee$ 100.00 License Num 005190 Est Construction Cost$ 260,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CONSTRUCT A NEW 3 BEDROOM HOME-3RD EXTENSION EXP1/6/ 4 THIS CARD MUST BE KEPT POSTED UNTIL FINAL CHANGE OF CONTRACTOR 1/16/2013 TO JAMES SMITH INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PANDIT,KRISTIN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 256 CANTON AVE INSPECTION HAS BEEN MADE. MILTON,MA 02184 Application Entered by: TP Building Permit Issued By: THIS PERMIT CONVEYS NO'RIGHT'to OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARH,YOR PERMANENTLY. ENCROAC NTS ON PUBLIC PROPERTY,NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST°BB APPROVED BY THE JURISDICTION.,,STREET OR ALLEY,GRADES AS.WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE 'OBTAINED FROM THE DEPARTMENT-OF PUBLIC WORKS.THE ISSUANCE OFTHISTERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS."- MINIMUM OF FIVE CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION._ 5.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION). 6.INSULATION. 7.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c,142A). --TOST TW$ CARD,S0 THAT 1&�VISIBLE FROM,THE STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health Or TSunstable 3patdat -- The heart and voice of the Villages of Barnstable = ZE. ,2 �� PHONE 508-771-1427•FAX 508-790-3997 www.barnstablepatriot.com TO OF BARNSTABLI -_ P Application Re ,' � 00700608 * BARNSTABLE, Issue Date: 07/01/08 9 MASS. �O,o i639• �� Applicant: HOSTETTER,ADAM 111 rFD MA'I 4 � Proposed Use: POTENTIALLY DEVELOPABLE LAND _ LiAt.l li u.ivii✓ ..,. __._._ Location 144 TROUT BROOK ROAD Zoning District. SPLTPermit Type: NEW SINGLE FAMILY HOME Map Parcel 008009 Permit Fee$ 75.00 Contractor HOSTETTER,ADAM Village COTUIT App Fee$ 100.00 License Num 152124 Est Construction Cost$ 260,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CONSTRUCT A NEW 3 BEDROOM HOME ' THIS CARD MUST BE KEPT POSTED UNTIL FINAL 2ND EXTENSION TO EXPIRE JULY 1 2008 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PANDIT, KRISTIN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 256 CANTON AVE INSPECTIOIHAS BEEN MILTON, MA 02184 Application Entered by: DB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK ORANY.PART THEREOF,EITHER TEMPORARILY OR RIvIANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT,SPECIFICALLYPERINITTED UNDER THE BUILDING CODE;MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES'ASWELL AS:DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT. FROM THE CONDITIONS OF ANY APPLICABLE.SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEEI b`NTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 t 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health F Aand-,use permits that were in,effect between August 15, 2008 and August 15, 2010 (the "tolling period"). Those two-year extensions'ran fromthe original expiration-date of the permit. The new Jobs Bill doves,two\important things: it adds two years to the original tolling period and doubles the extension of',qupfifying permits from two years to four years. Thus, permits in effect between August 15,.2008 and August 1.5 2012 will be extended for a total of four years, either by adding two years'to the previous two=yeq.t-extension (for permits in effect between August 15, 2008 and August 15, 2010), or granting a fresh four-year extension (for permits issued between August 15, 2010 and August For example, a three'-year wetlands permit issued in September 2008 and originally set to expire in September 2011 - which under the 2010 Act was extended to September 2013 - will now be valid until September 2015. �. y This is terrific news for developers of previously-approved projects that are just getting off the ground now that the real estate market has stabilized and appears to be on the upswing. Breaking: Governor Signs Economic Development Bill, Doubles Permit Extensions Posted: 08 Aug 2012 06:45 AM PDT + Massachusetts Governor Deval Patrick has signed a long-simmering economic development bill that includes-.a doubling - up to four years - of the extensions granted by the 2010 Permit Extension Act, 4 and other benefits for property owners and developers. More details and a copy of the final version of the bill to follow here'shortly. You are subscribed to email updates from Massachusetts Land Use Monitor 'Email delivery powered by Google To stop receiving these emails, you may unsubscribe now. Google Inc., 20 West Kinzie,Chicago IL USA 60610 f 2. :K 2' t l ����DFTHEpO�yo� vZ� eJU vOS/DD9 CQ l 9 bAS8. - • -1 E 1 6 [%3��("may MpYp. December 2, 1974. DE 0 1974 Mr. Joseph Reardon,' Chairman H °N S T1B LE PLANNING G Barnstable Planning Board Town- Offices. _ BOARD Hyannisq Ma.02601 RE: Hillcrest Subdivision, Cotuit, Mass.. Dear Mr. Reardon: On Saturday, November 301, 19749 'members of the Conservation Commission made an on-site inspection of the. "Hillcrest".subdivision in Cotuit, with special. attention to Lots 5, 6; A� 9, :10� "`�'19'12 and 139 all of .which abut the Santuit River. It was the opinion of those present that all of these lots present special. buildi.ng hazards.' All of them contain very steep, high slopes which compose the bank of the river. This bank-appears- stable only in- sofar as it is covered with vegetation. 'Signs of erosion are evident and the soil condition appears to.be very sandy and unstable. As .far as we could ascertain,, Lots• 597 69 7, and 8 contain significant area within the flood plain of the river and 'little or no buildable up- land. Lots .91 10, 11 and 12 -seem to have sufficient upland but they .also have severe slopes with 'evidence of erosion and instability. Lot #13 has a number of severe slopes. Because of the nature of the .Santuit River.al.ong these lotsq with its relatively flat gradient and shallow stream beds any erosion from con- struction or fill along its edgescould severly impare its flow, causing environmental damage both up and down stream. ' The Conservation Commission will, therefore, require wetland hearings on each of the above mentioned lots under. both G.L. Ch. 1319 s. 40 and Arti- cle XXVIII of the Town By-Law prior to any alteration of these lots. It would, .of course, be preferable for the subdivider to file on proposed alteration of these lots all at once so that prospective buyers will be aware of the limitations imposed on the use of this land. Baring that� ' alternative, the subdivider has, we feel, a moral. and ethical obligation to disclose to prospective. buyers that no work of any kind, including stripping of vegetation for site preparation may be commenced prior to filing with the Conservation Commission. Very truly yours, Arlene M. Wilson xtl Chairwoman cc: Barnstable Board of Health Barnstable Building Inspector Sea Lake Corp., Sea Lake B1dg., .Rt. 6A, Sandwich, Mass. AMW:mre M flf.C.Elvcn o gs;;nP.0E0 / .y0 1001 F NM16 3 io PN'13 f J.B.SA RG ENT a KEC:REC4 -tos _ ET. LIX. SiEi•NEY a'EE.[E. E�•VX-., n+ .\y 3 flEClS T", 55 N1F N - KEY MAP - N000 p °H a1 t.5 1.2000 ae� ... PAV1' 05,2+ - '2 .�� q•25. �oy, a gam° .� OLD N j �G 5 75 5a j0xx200 ; A.20,0(50 _,7o•op.- rs.z 05,53 `,q3y� •2''t�o� �: �tT .S ftop, a,e2se ,5?9oyd' .'i:... ..... 267.00 P(•!. Ae20,12�5.. _z:. W 236'i Spp 000R.165 3 2,3tYO d. A Ibr 2300 ROOK :`. L,130.45 1 a7950�e6• ZTDo - '33 _A.1zxs,+ .. p 7fOa5 �.�� •p,03.25 .: '34 ,•��,\' •F,, �9 v F'y26�00 N 77.3g0 E�7 +y0.00�P��. - i p^yryy0//� =35,c56 ` ; 8,010 SF' _ — ' �. Z p 25,30C•S ' 2gj4. ✓S j '3•�V 12500 1 Qby �P EtR A MENYN NA 3 o "".00 .—"3 3 '989i0 0'W' sry0y r-5,63 n_Voo m 4080SFF o , 04t E.146.22 1 �l0 S s30 a�A.2 bb ov A.600�: o .2g `�. y0.5. NY n- .SF� 2 o A:22'2 3 Go PA, "o q•138,220• OF N SE 1'G l 1 % of Er is .6l {u21O45 -A22250' ..EL.EC3R v1NEYJARO.:-;ze.00' o� s7i'z6 / a ryw 04 A 2ap00 SF o0 om G'eJ N��4. 'o' EA O:SF d 6'' ry0, .27 N q`31:1�00/ Q A:26512'-S.F >b 4LP 1131 < 710 t o _ ... 1 a 29 •+'`� —5 0E!2340w WO N OA fyayssA�9m gm or. *223 o ' w'. ryo9 O \. s06p 0�o" 0, 0 7 0a C-1 7 s oi2 o 02.p p 5, .0 -Ne3'essow 110 P0 17s s7 \ohf `SO�O r 'S �e• P F 25 0. 3 v ot's• O 6 u �20p00S o°e, 0135`F. °:A2Q142Gry"a" 9 u o �2 „ H °19 r QQ2 y39 S oo .Oga a.986•^9b r O A=31)5.50'SF - - Q �° A31,20OSF .20J55'So A U �w o Sj23p cpw o 7 N._ ^'o yg, yb t = 330 o O b A-q.22,355 SF ,. PO Pp.• Aq W S YJ Wa Ho aK i., d1Oo wF U 0 o P36� o ' 17 qs poi 001 s m s77 °e• ' ool >� A•20,120'S.F a>° OJ ;1 e 1 W , '11 rSF Qv� o% s V OOO e� °'op , � T C60T{F''Y THltz NO'r1,cE OF THE tiPFPVVPL OF - A'36, .N PLAI.t BY.:.TFIe':BAR.NSTiaBI-E t'�iaUN1aK �,; 890000W A•22;.140'SF �• 4t 'BoAeD Nits BAN muc,✓,vEn PA,�Y�eCo2a�uD 31y.ZS5,ppo zoo 24.33 O oo ~h O p.T Tib15 OtCE AND THAT ISo gOPEAt-WPS '12 q0 yPp�A� vy� 00 C� LLcIJG IV ED WITMIN THE\4tEwtLY DhYS A•25.1005F.r7� �". °?nos atsse4uP T ToSucH Irr 2ec0PXA+z. dy6�sr o� yy 8'15 a k �AT�' FEB 2 61973 _ DO CT 06' �3 N s\i y00A R'779 86h 9� A.22,650tSF' , A, v 5soo?00° i 3 ;o = Towu of $aeNs CASLE A.23,900,S.F �o�� •'1h ' 3 0 Ay0 Ooy, b`'b REGISTERED LAND SURVEYOR: r,dIG oNo - OV9 DATE: Dec.5, 197Z � \ % ,5•yy 96 •. A=48,825•S.F ' TyOTrpAL,�'' ' \ �"^+,r,.,C° � •ram.. .":•�Y ' HILLCRESTr '` • ,9. 5 _-ter• OLD RKIINGS ROAD PLAN OF LAND IN Tws�R_Au is APPeoVEA cx4 THE,comorrico-r p1 r BARNSTABLE, MASS. NO L',OT m-V"'e• SUBDIV IS100 BE SOLD AND No I $VILtXt4<; 514AF.L BS EUJF_==EO 131SCILTb{g Re'vot¢Sti SCALE: 1'� 100 DECEMBER 5,1972 " 1MP¢oVEM6NTs N�.Gt✓'SSp,�Y TO l�Y`�CJA'TELY SEENE StXH Lc�r 401V� Be�ew cowtWJET®T'ozits EWALNMASCHI INC. ENGINEERING CONSULTANTS 908 CONCORD STREET, FRAMINGHAM, MASS. �A2NS'fflE3LI= �/�1J1JlUfj �oACD ROUTE.6A• *SEA-LAKE BUILDING, SANDWICH,MASS. CG,1 PETITIONER: RECORD OWNER: SEA-LAKE CORPORATION /f �f Approval of this plan is to!to compliance with covenant to be SANDWICH,MASS. rocorded herowith, "j C-1001 A TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION a -� Map Parcel 001 Application # Health Division Date Issued Ce �r=OL0677 Conservation Division Application Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis IP-roject Str-eetAddress,_r WL1 I ikC9v 60.c*K E.231 Village Ccz l u r r PIA cOwner Address Telephone" Permit Request t Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Q71 Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's'f hway: r��y+��I�es-0 No cz Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other ' Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) ' Number of Baths: Full: existing new Half: existing neirvr`� Number of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ 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: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review # -Current-Use- _ r - - Proposed-Use,__ APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name SNH k!S ry i 7 H Telephone Number SO Address 1 445 License # v 5 ��kFlSiF��I� Home Improvement Contractor# jioo(o � Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURES DATE i,! Y �► FOR OFFICIAL USE ONLY APPLICATION# ; DATE ISSUED S ` MAP/PARCEL NO. ADDRESS VILLAGE s OWNER i DATE OF INSPECTION: FOUNDATION FRAME INSULATION — 4 FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL sµ FINAL BUILDING w { DATE CLOSED OUT ASSOCIATION PLAN NO. , Town of Barnstable Regulatory Services *' BARNFrABLE, Q HAss _ �+ Thomas F. Geiler, Director vp i63q. renn+r►+a Building Division Tom Perry; Building Commissioner 200 Main Street, Hyannis,MA 02601 wN�w.to Office: .508-862-4038 Fax: 508-790-6230 NOTICE TO THE BUILDING DIVISION OF _ LICENSED CONSTRUCTION SUPERVISOR ASSUMPTION OF RESPONSIBILITY . I, •�. �^t�tH h �rH i its S Construction Supervisor License # .st e p ; hereby certify that'I have assumed responsibility for the project under construction,�as.authorized by building permit C-C) , issued to roe address) , . C a(c.i on The following documents are Aattached: copy of my Massachusetts State Construction Supervisor's license or Homeowner's License Exemption form (if applicable) 'copy of my Home Improvement Contractor registration (if applicable) Commonwealth of Mas c Massachusetts Workers ' Compensation nsation Ins urance Affidavit. _ t p - Bond 'Road _ o d (if applicable) ICENSE HOLDER DATE q/forms/newcontrb rev:1 10410 IMF Town of Barmt2bly- Regulatory Services " EARN B Thomas F. Geiler -Director i63 ; ArfD,,,A,A Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: -508-862-4038. Fax: 508-790-6230 NOTICE TO THE BUILDING DIVISION. OF CHANGE OF LICENSED CONSTRUCTION SUPERVISOR owner of property located at hereby certify that Sk bv�Jf #/1 i Yoe� s no longer Construction Supervisor listed on the application for the project under construction as authorized by building permit# pp�60�I issued on 6- 20 . I understand that the project under construction musi cease until a successor licensed. Construction Supervisor, is submitted on the records of the Building Division. TY OWNER DATE q/forms/newcpntr reference R-5:780 CMR rev:110410 2 lne uommonweaun uj inassat;Ausecw -\ Department of Industrial Accidents Office of Investigations d 600 Washington Street Boston,MA 02111 S www.mass.gov/dia . Workers' Compensation-Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly . Name(Business/organization/Individual): A im 6 S CM�•114 Address:. l•&q 5 1 ty/kryi I P, . City/State/Zip: S�N57 A � Phone.#: 1 Are you an employer? Check.the appropriate box: :Type of project(required) 4. I am a general contractor,and I . 1.❑ I am a employer with ` 6: New construction e oyees (full and/oi.palt4ime) * have hired the stab contractors 2: I am a sole proprietor or partner- meted on the-attached sheet 7. 0 Remodeling. ship and have no employees These sub-contractors have :-8. 0 Demolition.workingforme in an ca aci employees and have workers' Y P ty t• 9. 0 Building addition [No workers' comp;insurance, comp insurance. 10. Electrical repairs or additions required.] 5..[] We are a corporation and its ❑ eP officers have exercised their 11. Plumbing airs or additions 3.FT I'am a homeowner doing all work g repairs myself. [No workers'comp: right of exemption per MGL 12.❑Roof repairs insurance required]a c. 152, §1(4),and we have no employees: [No workers'. 13.[-].Other comp.insurance required,] .. *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit.indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box.must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. if the sub-contractors have employees,they must provide;their workers'camp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site informafion. ; Insurance Company Name: Policy#or Self-ins.Lic #: Expiration Date: Job Site Address: City/State/Zip: - 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 WORKORDER and a fine of up to$250,00 a day against the violator...Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification I do hereby certify under.the pains andApenalties offperjury that the information provided above is true and correct Signature:. i ature. ` cJcl-/►' �1- bate: f �j -`1 3 Phone# -505 Official use:only...Do not write in.this area,to be completed by,cidy.or town official City.or Town Permit/License# Issuing Authority(circle one): A.Board of Health 2,Building Department I 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 or written_" . employer'g engaged g as"an al partnership,association;corporation or other legal entity,or any two or more f the fore om define ed in anoints 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 bean 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 untii-acceptable-evidence of compliance kith 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-contiactor(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 f rture 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 bum 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: TheOM MO ealih Of M=arhwat DQpart mnt of kdustclal Aodde=ts office Qf luve6gpt7tE?Its 6Q0 Washin toy Streoi Boston,MA 02111 TeL#617-727-4900 exit 406 of 1-977 MASSAFE Fax##617-727-7749 Revised 11-22-06 w,mass go7ldia f Office iffon�3iiis � 8 HOME IMPROVEMENT CONTRACTOR z Registration: -;,100699 Type: Expiration: (%/31 O14 Individual J K.SMITH.,> E 5: James Smith -ate_ 1695 HYANNIS RD BARNSTABLE,MA 02630 a Undersecretary 'j�Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction SupcnisorU1x"^" 1� License: CS-005190 , JAMES K SMITH PO BOX 124 BARNSTABLE NIA 0 w l 11 111 � Expiration Commissioner 03/21/2014 ofTM� Towne of Barnstable Regulatory Services Thomas F.Geiler,Director 039. Ev " Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnsta ble.ma.us Office 508-862-4038 Fax: 508-7 0-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, CT as Owner of the subject property hereby authorize ;� l7C''S ��`�i'%ff to act on my behalf, in all matters relative to work authorized by this building permit: rpcz(6Rvvx (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. Signature of Owner Signature of Applicant i &/441 Af ��� -Z�-iLrr Print Name. Print Narne � I Date i t QTORMSDWNERPERMISSIONPOOLS 62012 Ofr1HETO/y TO:;; ' OF BARNSTABLI O , -� Application Re j; 00700608 BILEA •� Issue Date: 07/01/08 � Joe) MASS 1639• Applicant: HOSTETTER,ADAM Proposed Use: POTENTIALLY DEVELOPABLE LAND LLO ation 144 TROUT BROOK ROAD Zoning District SPLTPermit Type: NEW SINGLE FAMILY HOME Map Parcel 008009 Permit Fee$ 75.00 Contractor HOSTETTER,ADAM Village COTUIT App Fee$ 100.00 License Num. 152124 Est Construction Cost$ -260,000 I Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CONSTRUCT A NEW 3 BEDROOM HOME THIS CARD MUST BE KEPT POSTED UNTIL FINAL 2ND EXTENSION TO,EXPIRE DULY 12008 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PANDIT, KRISTIN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 256 CANTON AVE INSPECTION HAS BEEN MILTON, MA 02184 Application Entered by: DB Building Permit Issued By: THIS PERMIT,CONV EYS NO RIGHT TO OCCUPY ANY:STREET°•ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR RMANENTLY. ENCROACHEMENTS.ON PUBLIC PROPERTY'NOT SPECIFICALLY PERMITTED-UNDER`THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY:.GRADES AS WELLAS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM'THE DEPARTMENT OF PUBLIC:WORKS'. THE ISSUANCE OF.THIS DOES NOT.RELEA$E THE APPLICANT,FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.. " MINIMUM OF FOUR CALL—INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION.OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4P 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEEEPIUNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE.. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2, 2 3 1 Heating Inspection Approvals Engineering Dept F Fire Dept 2 Board of Health w Parcel Detail Page 1 of 2 . � T N � R ;suss Logged In As: Pa C'CeI DeL�(( Wednesday,January 16 2013 Parcel Lookuo Parcel Info Parcel ID 008-009 ) Developer LOT 7 Lot Location 1144 TROUT BROOK ROAD I Pri Frontage ISec Road i Sec Frontage F Village ICOTUIT I Fire District COTUIT iNO� v 1739 Town sewer exists at.this address i �I Road Index I I Interactive Map s € " °s w °� Owner Info . Owner I HOSTETTER, DANIEL C& I Co-owner LARGAY,JOHN A JR TRS Streetl;TROUT BROOK REALTY TRUST I Street2 j770A MAIN STREET city;OSTERVILLE State MA zip 02655 Country�J I Land Info Acres�0.50 ___.. use Pot Dev Ld � ._ zoning rRF Nghbd l0107 Topography I Road Utilities�� �____ m I Location Construction Info Permit History Issue Date Purpose Permit# Amount Insp Date Comments . 02/01/2007 Dwelling 1200700608 $260,000 101/13/2009 00:00:00 EXPIRED • Visit History Date Who Purpose 01/03/2009 00:00:00 Mike Keating New Construction 05/22/2008 00:00:00 Mike Keating CALL BACK 04/02/2008 00:00:00 John Greene In Office Review 10/22/2007 00:00:00 Martin Flynn_ CALL BACK 12/13/2004 00:00:00 Paul Talbot Vacant Lot Sales History http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=209 1/16/2013 Parcel Detail Page 2 of 2 Line Sale Date Owner Book/Page Sale Price 1 10/06/2008 HOSTETTER, DANIEL C& 23197/278 $1 2 02/06/2007 HOSTETTER, DANIEL C&LARGAY,JOHN A JR 21757/308 $1 3 09/07/2001 PANDIT, KRISTIN 14211/118 $1 4 11/27/1984 ST THOMAS, ROBERT F 4345/254 $13,500 5 06/18/1979 1 WRIGHT, BRUCE A&SUSAN 2936/255 1 $15,000 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2013 $0 : _ $0 , $0 $71,900 $71,900 2 2012 $0 $0 $0 $68,400 $68,400 3 201.1 $0 $0 $0 $68,400 $68,400 4 2010 $0 $0 $0 ` $66,200 $66,200 5 2009 $0 $0 $0 $66,000 $66,000 6 2008 $0 $0 $0 $73,700 $73,700 8 2007 $0 $0 $0 $73,700 $73,700 9 2006 $0, $0 $0 $69,800 $69,800 10' 2005 $0 $0 $0 $64,200 $64,200 11 2004 $0 $0 $0 $46,500 $46,500 12 2003 $0 $0 $0 $21,000 $21,000 13 2002 $0 $0 $0 $21,000 $21,000 14 2001 $0 $0 $0 $21,000 $21,000 15 2000 $0 $0 $0 $11,300 $11,300 16 1.999. '$0 $0 $0 $11,300 $11,300 1T 1998 $0 $0 _ $0 $11,300 $11,300 18 1997 -$0 $0 $0 $11,300 $11,300 19 1996 $0 $0 $0 $11,300 $11,300 20 1995 $0 $0 $0 $11,300 $11,300 21 1994 .$0 $0 $0 $13,500 $13,500 22 1993 $0 $0 $0 $13,500 $13,500 23 1992 $0 ' $0 $0 $15,000 $15,000 24 1991 $0 $0 $0 $26,300 $26,300 25 1990 $0 $0 $0 $26,300 $26,300 26 1989 $0 $0 $0 $26,300 $26,300 27 1988 $0 $0 $0 $18,000 $18,000 28 1987 $0 $0 . $0 $18,000 $18,000 29 1 1986 1 $0 $0 $0 $18,0001 $18,000 Photos http://issgl2/intranet/propdata/PatcelDetail.aspx?ID=209 1/16/2013 1 o CRAIG G.LARSON R ML.S Commercial/Residential ® Broker 1 Exclusive Brokerage 119 Route 149•Marstons Mills,MA 02648 Office:508-428-9198 Ext.12•Fax:508-420-5553 Cell:508-776-1026•Email:craigglarson@comcast.net i E 4ZD C-� --�� �tKE, TOWN OF BARNSTABLE Building Application-Ref: 200700608 • m * RMW&rABLE, * Issue Date: 06/28/07 Permit 9 MASS i639• Applicant: HOSTETTER,ADAM Permit Number: B -20071520 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 12/26/07 Location 144 TROUT BROOK ROAD Zoning District SPLTPermit Type: NEW SINGLE ILY HON I Map Parcel 008009 Permit Fee$ 1,066.00 Contractor HOSTETT ,ADAM Village COTUIT App Fee$ 100.00 License Num 152124 Est Construction Cost$ 200,000 Remarks APP VED PL S B NED O JOB AND CONSTRUCT A NEW 3 BEDROOM HOME TH RD MUS E KEPT POST UN T FINAL IN E ION EEN MADE. HE A C TI CA F CCUP ANC S RE IRED,SUCH Owner on Record: PANDIT, KRISTIN B LD G SH L T BE OC IE UNTIL A FINAL Address: 256 CANTON AVE IN E ION HAS B MA MILTON, MA 02184 Application Entered by: RM fildNinVennit Iss d By: 4� e`JG THIS PERMIT CON.VEYS.NO`rRIGHT TO OCCUPY ANY;STR ALLY R SIDEWAL OR ANY PAR EREOF,. THER TEMPORARILY OR PERMANENTLY. E,NCROACHEIvIENTS ON PUBLIC PROPERTY,NOT SPECIFI LLY PE_ ITTED UND THE BUILD CODE, ST BE APPROVED BY THE JURISDICTION. STREET OR"ALLY GRADES'AS WELL`AS DEPTH AND'LOC ION OF:P BLIG°SEWER `AY,BE OBTA. D F IvI THE DEPARTMENT OF.PUBLIC WORKS..., THE ISSUANCBOF THIS PERMIT DOES NOT RELEASETHE PPLICAN FROM.THE CO ITIONS'OF A . PPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS UIRED FOR LL CO STRUCTION W 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED A HE THROAT VE BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE OMPLE.TED R 0 FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMB (READY ). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE' ERMITS A UIRED FOR ELEC L,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED U IL THE INSPECTO PPROVED THE RIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOVH ULL AND VOID IF ONST ION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IED NOTED AB O E. PERSONS CONTRACTINGUNR ISTERED CONTRA ORS DO NOT HAVE ACCESS TO GUARANTY FUND(asset forth in MGL c.142A). BUILDING INSPE ON AP OVALS PL BING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health Town of Barnstable Regulatory Services MAM Thomas F.Geller,Director 163 ��Eo „►`�� Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.maxs Office: 568-862-4038 Fax: 508-790-6230 PLAN REVIEW Owner: A� A-A tT - Map/Parcel: 002 002 Project Address /I �Wr/�lfgc�,���� Builder: �5 7r�fZ The following items were noted on reviewing: J4,U-rle-1 9E�Kg b ��-c�S ON 0\Lei ( 41 oGtS6 5 r 31) y, dxf ,c F zyy /Z! fit/ 1 s Reviewed b Date: G v �. v Q:Forms:Plnrvw 05/14/2008 04:27 508-428-1974 HOSTETTER REALTY PAGE 02 . f f KRISTIN PANDIT .F 256 Canton Avenue .a r Milton,MA 02184 9 � '�; 52 By Pax: (508)790-6230 May 29, 2008 Thomas Perry Building inspector Town of Barnstable 200 Main Street Hyannis, MA.02601 Re: 144 Trout Brook Road, Cotuit,MA Map Parcel 008009 Permit number: B 20080004 pear Mr. Perry: 1 am the owner of the lot located at the above location. My intention was to commence building a home on the Property this summer. To this end,I did apply for and was granted a building permit which expires on July 1,2008. My plan was that nay father, Daniel Hostetter, would be the general contractor on the project. As you are probably aware, he is undergoing cancer treatments at Massachusetts General Hospital. Due to the traveling involved and the disabling general health issues associated with chemotherapy, my father is unable to give his full attention to this construction at this time. I trust that you will understand my situation and, based on these circumstances, issue a six month extension on the building permit.. I look forward to hearing from you. Sincerely yours, Krr dit y, L9, 7 N 6cn 1 Building Division 200 Main S.mt ' hlg wis,1AA 02601 a m 9 a Tel, 5t2 d62 4035 Fax:50&780-62N ftx. TO: Kristin Pandit Fmm: Debi Balaom Fax: 504-428--19 Td Pages: 1 Phona gee 5129/2000 _. , .._.s. Re: Extension Rwupst 0 Urgent 0 For R*V114O O PIMO COMMWA 0 PlaWe Reply Q Pleas*RegVcjv Your request for a 2`0 axtenlion or,Permit 007CjO6 8 has been grmted. A oneLk.In the ainourit ct $75.is needed before the permit can be printed. Thank you, Debi Imo ` 05/14/2008 04:27 508-428-1974 HOSTETTER REALTY PAGE 01 1�49i f.i BARNSIM OSTETTER REALTY 2000 MAY 29 AM 10'. 5710A Main street Osterville, MA 02655 Phone: (508)428-2028 Fax: (508) 4284 974 To: Thomas Perry Building Inspector @Fax: 790-6230 From: Kristin Pandit Date: 5/29/08 Pages: 2, Including this page Mr. Perry: r My request for an extension follows. Kristin Pandit i Building Division 200 Main Street Hyannis,MA 02601 Town of Barnstable Tel: 508-862-4038 Fax:508-790-6230 To: Kristin Pandit From: Debi Barrows Fax: 508428--1974 Pages: 1 Phone: Date: 5/29/2008 Re: Extension Request CC: .❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Your request for a 2"d extension on Permit#200700608 has been granted. A check in the amount of $75. is needed before the permit can be printed. Thank you, Debi TOWN OF. BARNSTABLE- ' ��HE1►�� Buliding Application Ref: 200700608 Q n • STABLE, * Issue Date: 01/02/08 Prt` CI II 9 MASS. �p i639• Applicant: HOSTETTER ADAM Permit Number: B 20080004 Proposed Use: POTENTIALLY DEVELOPABLE LAND Expiration Date: 07/01/08 Location 144 TROUT BROOK ROAD Zoning District SPLTPermit'Type: NEW SINGLE FAMILY HOME Map Parcel 008009 Permit Fee$ 25.00 Contractor HOSTETTER,ADAM Village COTUIT App Fee$ 100.00 License Num 152124 Est Construction Cost$ 260,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CONSTRUCT A NEW 3 BEDROOM HOME THIS CARD MUST BE KEPT POSTED UNTIL FINAL IST.EXTENSION TO EXPIRE DULY 12008 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PANDIT, KRISTIN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 256 CANTON AVE INSPECTION HAS BE MADE. MILTON,MA 02184 Application Entered by: PC Building Permit Issued By: �(L THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET;ALLY OR SIDEWALK OR ANY PART THEREOF,,EITHER TEMPORARILY 0 PERM—A' ENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY JURISDICTION. STREET ORALLY,GRADES AS WELL AS DEPTH AND'LOCATION:OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 i 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health l ve- e . N r /v?/'s 2 n'� C;��✓��c l-e c,rs rn ram: v, y Iv_L _ 1 r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION i•+ Map Parcel Application# 7 (ad Health Division Conservation Division !/�- - Il c� Permit# Tax Collector Date Issued Treasurer Application Fee li 14 7 �� Planning Dept., ` `P Permit Fee ut1'�t BSI Date Definitive Plan Approved by Planning Board e [ Historic-OKH Preservation/Hyannis ®!� Project Street Address a! q -tf o, Village C 0*1 V 1 1 Owner Kfti5f J t ?A-W,af Address �' � C.Ali-MAI AVE MI f—TOAJ M' Telephone f -�H v q 1 Permit Request I V I L® VV ttom O N L—0` r Square feet: lst floor:existing proposed 2nd floor:existing _ proposed 1300 Total new Zoning District Flood Plain YES Groundwater Overlay a Project Valuation 100 0 Construction Type W"D f "➢ Lot Size �c Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes N0 On Old King's Highway: ❑Yes No Basement Type: �Full ❑Crawl XW Ikout ❑Other FFt� Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) ®V Number of Baths: Full:existing new 7 Half:existing new Number of Bedrooms: existing new 3 • Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: Gas ❑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 Xnew size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes- W -If_yes,`site plan revieW V - - _ — - _ -- n----- - Current Use Proposed Use j BUILDER INFORMATION (/ Name A DAYn " ' 1 Telephone Number ! 7,0 rA./�, c P Address 7U A r�U I f N J� ' License# 0 %1-1 3©, ©� �) �� v�" '`s� Home Improvement Contractor# / 5A I O 7 Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 9 F r/ W,1, :p Pf lam- . f 17— SIGNATURE DATE a I L FOR OFFICIAL USE ONLY PE IT NO. DATE ISSUED ` �K MAP/PARCEL NO. ADDRESS VILLAGE OWNER _ 1 DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. ii The Commonwealth ofMassachusetts 1 Department oflndustrial Accidents ' Office of Investigations 600 Washington Street Boston, MA 02111 www.mas&gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plualbers ApDlicant Information Please Print Legibly- Name(Business/organization/individual): �"t /��/�--- Address• �770 A AA'AI City/State/Zip: ' A4 .- d Z 659—Phone#: ` V 7�,G 0 6 tf T e you an employer? Check the-appropriate box: Type of project(required): L;Ki am a employer with 4.ZI am a general contractor and I 6• New construction fall and/or part-time).* have hired the sub-contractors employees( F ) 7. Remodeling 2.❑ I am a sole proprietor or partner- a listed on the attached sheet # ❑ g ship and have no employees These sub-contractors have g: ❑ Demolition working for mein any capacity. workers' comp.insurance. g, ❑ Building addition (No workers' comp.insurance 5. ❑ We are a corporation and its 1 required,] `I officers have exercised their 10.❑,Electrical repairs or additions 3.El am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs o� additions myself.(No workers' comp. c. 152, §1(4),and we have no 12•[3 Roof repairs insurance required.] t employees.(No workers' 13 ❑ Other comp.insurance Iequired.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information' t Homeowners who submit this affidavit indicating they are doing all work and then Pure outside contractors must submit anew affidavit indicating such ZContractors that check this box must attacbed an additional sheet showing the tame ofthe sub-contractors cad their workers'eorW,policy mfosznstion. ram an employer that Is providing workers'compensation Insurance for my employees. Below Is thepolicy and job site information. / Insurance Company Name: l�b� M,I Policy#or Self-ins.Lic.##: Expfiv ion.Date: Job Site Address: f ��„�" ' o� . t-1v' City/State/Zi-' (0/ Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under t e pains and penalties of perjury that the information provided above is true and correct Signature: Date: 2 j Lo Phone#: 5 v �2 0 6 yy 0ff vial use only. Do not write in this area,to be completed by city or town of City or Town: P ermit/L1 cense# Issuing Authority (circle one): 1.Board of Health 2.Building Department. 3.City/Towu Cleric e.Elecfxical iaspector• S.Plumbing Inspector 6. Other Contact Person: Phone#: int®rmation. anti. 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,,01ir4 express orimplied,.oial or written." 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 ofpublic work until acceptable evidence of comapliance 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),addresses)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 retarned to the city or town that the application for the permit or license is being requested, not theDepartrment 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 ffieuild eater 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 mast submit multiple permitllicense 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 m wked 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. Anew affidavit mnust 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 bum leaves etc.)said person is NOT required to complete this of idavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, lease do not hesitate to give us a call. P 2�' The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Iatvestigations 600 Washington Street Boston, MA 02111 Tel. 617-727-4900 eat 406 or 1-877-MASSAFE Revised 5-26-05 Fax�617-727-7749 v-ww.mass.gov/0ha M CMR Appmdix l .. _ Table J=b(continued) Prescriptive Packages for 06 and Two-Family Residential Buildings Heated with Fossil Fuels MAXIMUM MINIMUM Glazing Glazing Ceiling Wall Floor Basement • Slab Heating/Cooling Area' U-valets R-valuer R-value' R-value Wall Perimeter Equipment Efficiency' Page R-value' R-value' 5701 to 6500 Heating Degree Days' Q 12% 0.40 38 13 . 1 19 , 1 10 6 Narmai R 12% 0.52 30 19 j 19 1 10 1 6 Normal S 12% 0.50 38 13 • 19 10 1 6 85 AFUE T 15% 0.36 38 13 ' . 25 1 N/A I N/A Normal U IS% 0.46 38 19 1 19 1 10 6 Normal' V 15% 0.44 38 13 25 N/A N/A 85 AFUE W 15% 0.52 30 19 19 10 6 85 AFUE X 19% 032 38 13 = 23 N/A N/A Normal LZ 19% 0.42 38 19 25 N/A N/A Named 18% 0.42 38 13'.-.. 19 10 6 90 AFUE 18% 0.50 30 19 19 10 6 90 AFUE Sty ATTI *t.D Dc9 �-� �. D 7711 L-5 1. ADDRESS OF PROPERTY: 1 t f L( I %/T— i) 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: 3. SQUARE FOOTAGE OF ALL GLAZING: '57 x 4. %GLAZING AREA(#3 DIVIDED BY#2): o 5. SELECT PACKAGE(Q--AA-see chart above): NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-f980303 a 780 CMR Appendix J Footnotes to Fable A2.1b: 1 } ' Glazing area is the ratio of the area of the glazing assemblies (including sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space,but excluding opaque doors)to the gross wall area, expressed as a percentage. Up to 1%.of the total glazing area may be excluded from the U-value requirement. For example,3 ft of decorative glass may be excluded from a building design with 300 ft of glazing area. 'After January 1, 1999, glazing U-values must be tested and documented by the manufacturer in accordance with the National Fenestration RatingCouncil RC test procedure, or taken from Table J1.5.3a. U-values are for � ) P , whole units:center-of-glass U-values cannot be used. ' The ceiling.R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation,thickness over the exterior walls without compression, R 30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. 'Wall R-values represent the sum.of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding, structural sheathing,and interior drywall. For example,an R-19 requirement could be met EITHER by R-19 cavity insulation OR R 13 cavity insulation plus R-6 insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry,log)wall constructions,but do not apply to metal-frame construction. 'The floor requirements apply to floors over unconditioned spaces(such as.unconditioned crawlspaces,basements, or garages).Floors over outside air must meet the ceiling requirements. The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement as above-grade walls. Windows and sliding glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement de-scribed in Note b. ` 'The R-value requirements are for unheated slabs.Add an additional R-2 for heated slabs. ' If the building utilizes electric resistance heating use compliance approach 3;4, or 5. If you plan to install more than one piece of heating equipment or more than one piece of cooling equipment, the equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. 'For Heating Degree Day requirements of the closest city or town see-Table J5.2.la NOTES: a)Glazing areas and U-values are maximum acceptable levels.Insulation R-values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 0.35.Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door U-value in Table J1.5.3b, If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(i.e.,may have a U-value greater than 0.35). c)If a ceiling,wall,floor,basement wall,slab-edge,or crawl space wall component includes two or more areas with different insulation levels,the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value requirement(0.35 for doors). 43 RESIDENTIAL BUILDING PERMIT FEES ` APPLICATION FEE New Buildings $100.00 Residential Addition $ 50.00 Alterations/Renovations $ 50.00 Change of Contractor/Builder $25.00 FEE VALUE WORKSHEET I' NEW LIVING SPACE square feet x$96/sq.foot=_ x.0041= / plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0041= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= to A L100 .x .0041= ACCESSORY STRUCTURE>.120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x .0041= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee Projcost Rev:063004 Affidavit of Substantial Financial Interest I AAM . of HV on oath depose and state as follows: 1. 1 am an applicant for a building permit for the prop%Lfll�k;- ocated at Map , Parcel The address of the property is 14 LA rMIT 2. 1 have % legal or equitable interest in the real property which is the subject of the bbilding permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is �� 2� , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address i<�i sue;w `P i Zsb CAw-n,-J Arc I L -� " - 4. Within the last twelve months, from today's date, which is -FeS .1 have had a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel Address 80 '&ICE ISM i.✓r ��. 4sf��;llc �zs s-� 5. Within this calendar year, I have submitted building permit applications for property in which I have a 1% or greater legal or bquitable interest. 6. Within the last ten days, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted building permit applications for property in which I have a 1% legal or equitable int rest. 8. Within this month, I have received 4 building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of perjury, this t day of Cb , 2001- 2001-0050/affin 1 Q/LOTTERY/AFFI DAVIT �'aFZH! Town of Barnstable Regulatory Services _ MASS, _ Thomas F.Geiler,Director 1679• T1. p'FD MAC' Building]Division. Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA b2601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using ABuilder i J b.1 T ,as Owner of the subject property hereby authorize -b A S( 1 to act on my behalf, in all matters relative to work authorized by this building permit application for. J ILALA I2ovT -6ZooV COTO IT 1MA . 0 -2,6 3 j (Address of Job) Signature of Owner Date \ K.i ST W p I Print Name Q:FORms:OwNERPERNMSION r Town of Barnstable Regulatory Services '"R,,M Thomas F.Geller,Director ►`e� Building Division lEc Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fa,;: 508-790-6230 PLAN REVIEW Owner: 4 Nh t-r Map/Parcel: pD a 002 Project Address Builder: "140 S 7'E 7P6✓%Z The following items were noted on reviewing: ('J '4,u7t-:Cre1f Reviewed T ✓ ' Date:— v � v C Q:Forms:Plnrvw "� A or Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions � SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10 00 A. General Information Important:When Southeast orms on filling the out, �. From: Regional Office of the Department of Environmental Protection(the Department) computer,use 2. This issuance is for(check one): a• ® Final Order of Conditions only the tab key ) to move your b• ❑ Amended Superseding Order of Conditions cursor-do not 3. To: Applicant: use the return key. Kristin Pandit a Name VQ 256 Canton Avenue c.Mailing Address Milton e.City/Town MA 02186 f.State g.Zip Code 4. Property Owner(if different from applicant): Same. a.Name e.Mailing Address d.City/Town - e.State f.Zip Code 5. Project Location: 144 Troutbrook Rd. Barnstable a.Street Address 008 b.City/Town c.Assessors Map/Plat Number 009 Latitude and Longitude, if known (note: d.Parcel/Lot Number electronic filers will click for GIS locator): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Barnstable 14211 a.County 118 d.certificate(if registered land) b.Book c.Page 7. Dates: January 24,2002 C.Date of OOC Issuance a.Date Notice of Intent Filed b.Date Site Inspected a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): SITE PLAN PROPOSED SITE IMPROVEMENTS&SEPTIC SYSTEM SHEETS 1 AND 2 a.Plan Title b.Prepared By PETER SULLIVAN, R.P.E. REVISED 1/20/06 c.Signed and Stamped by d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid:. $375.00 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaforrn5a.doc• rev.5/9/w Pane I of A i — Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SE 3-3918 and Wetland Regulations 310 CMR 10.00 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent, the Order of Conditions, and information submitted with the request for the Superseding Order of Conditions, 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: 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.'The Department hereby finds the project, as proposed,is:(check one of the following boxes) 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. 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 Superseding 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 as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Only s Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. El Bordering Vegetated Wetland a.square feet b.square feel c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.cu.yd dredged f.cu.yd dredged wpaform5a.doc• rev.5/3=6 '* - Page 2 of 8 t . Massachusetts Department of Environmental Protection I DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 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 e.cubic feet f.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet a.square feet . Cubic Feet Flood Storage e.cubic feet f.cubic feet e.cubic feet f.cubic feet 9. ® Riverfront area a.total square ft a.total square ft Sq ft within 100 ft 1000 1000 c.square feet c.square feet Sq ft between 100-200 ft 3500 3500 e.square feet e.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.Square feet b.Square feet c.cu.yd dredged d.cu.yd 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 nourishmt d.c/y nourishmt. 14. ❑ Coastal Dunes a.Square feet b.Square feet c.c/y nourishmt d.cly nourishmt 15. El Coastal Banks a.Linear feet b.,Linear feet c.Gy nourishmt 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.cu.yd dredged d.cu.yd dredged 19. El 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.cu.yd dredged b.cu.yd dredged 21. El Land Subject to Coastal Storm Flowage a.Square feet b.Square feet wpaform5a.doc• rev.5/30/06 Page 3 of 8 -- Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: Y I WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 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 permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from.the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 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, 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. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the DEP Regional Office on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP'J i "File Number SE 3-3918 " wpaform5a.doc• rev.5/30/06 Page 4 of 8 . i Massachusetts Department of Environmental Protection y� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Department of Environmental Protection. 11. The work shall conform to the plans and special conditions referenced in this order. 12. Any change to the plans identified in#8 above shall require the applicant to inquire of the Department .of Environmental Protection in writing whether the change is significant enough to require the filing of a new Notice of Intent. 13. TheAgent 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. 14. 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. 15. 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 of Environmental Protection. 16. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the 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. 17. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Brief Project Description of Permitted Activities: Single Family dwelling and associated utilities Special Conditions (See the attache d she et(s)for additional conditions numbered 18 through 22.) wpaform5a.doc• rev.5/30/06 Page of 8 Massachusetts Department of Environmental Protection j Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SE 3-3918 and Wetland Regulations 310 CMR 10.00 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. 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.. Iss tthe�epa t of Environmental Protection: j W f 6106 obert W.Golledge,Jr.,Co issi a Date Certified Mail# 0 2 3 6 Notary.Acknowledgm It r Commonwealth of Massachusetts County of On this I Day of - 266tp Month Year bore me, the undersigned Notary Public, personally appeared r. Name of Document Signer Proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of fdenbficaUon 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. nature of Notary Public I S�ci Prin d Name of Notary Public 5 My Co mission Expires(Date) a i i i i Wpaform5a.doc• rev.5/30/06 Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions' Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 SE 3-3918 and Wetland Re ulatbris 310 CMR 10.00 This Order of Conditions must be recorded in.the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 9 of this form shall be submitted to the DEP Regional Office listed below. Southeast Regional Office of the Department of Environmental Protection Detach on dotted line, have stamped by the Registry of Deeds and submit to the Department. ........................................................ To: Southeast Regional:Office of the Department of Environmental Protection Please be advised that the Order of Conditions for the Project at: 144 Troutbrook Rd. SE 3-3918 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Barnstable 14211 County 1,18 Book Page for: Same Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5a.doc• rev.5130/06 Page 7 of 8 Final Order of Conditions for File No. SE 3-3918 Specia)Conditions -18. Prior to any activity at the site, the erosion control barrier as depicted on the plan of record shall be installed. Any sediment that accumulates on the wetland side of the barrier shall be removed by hand. 19. This siltation barrier shall also serve to delineate the limit of work. No equipment,vehicles or activities are allowed on the wetlands side of the barrier. 20. The siltation barrier shall be inspected on a monthly basis and after any heavy precipitation event. Any failure of the barrier shall be repaired immediately(within 24 hours). 21. The siltation barrier shall be maintained until all bare areas are successfully revegetated with at least 75% cover material. 22. Work shall be undertaken in accordance with the work sequence submitted to the Department on Feb. 13, 2003, and in accordance with the details set out in a March 6,2003 letter to the Department: wpaform5a.doc• rev.5/30/06 Page 8 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection ' Wetlands °EP File Number: • snRvsrasue �'WPA Form 5 - Order of Conditions sE3-3918 mass v i639 Provided by DEP �ArEO MA'S a Chapter 237 of the Code of the Town of Barnstable ONLY A. General Information Important: From: When filling out forms on Barnstable the computer, Conservation Commission JVA'rloN use only the F.tab key to This issuance if for(check one):move your cursor- do ® Order of Conditions BARNSTAeLEnot use the return key. E Amended Order of Conditions QTo: Applicant: Property Owner(if different from applicant): Kristin Pandit Same Name Name >e 256 Canton Avenue Mailing Address Mailing Address Milton MA 02186 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 144 Troutbrook Road Cotuit Street Address City/Town 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(if registered land) 3. Dates: January 24, 2002 February 10, 2004 Date Notice of Intent Filed Date Public Hearing Closed Date of I s ce 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan (2 sheets) by Peter Sullivan, P.E. 01/20/06 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan Name 6. Total Fee: $375.00 (from Appendix B:Wetland Fee Transmittal Form) WpafomG5.doc•rev.217106 Page 1 of 7 ( 1 r Massachusetts Department of Environmental Protection of Wr DEP File Number: Bureau of Resource Protection - Wetlands &AMSTABM ; WPA Form 5 - Order of Conditions SE3-3918 v� 1 ,0$ Provided by DEP ArfO Mp'�A . Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings 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 and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ® Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore, work on this project may not go forward unless 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. ❑ 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 as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.2,7/06 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands AB _ -VPA Form 5 - Order of Conditions sE3-3918 MASSv� ► ,0$ Provided by DEP Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings (cont.) 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. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number SE3-3918 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.2!7/06 Page 3 of 7 _ C• oF� r Massachusetts Department of Environmental Protection DEP File Number: "o* Bureau of Resource Protection - Wetlands BMM STAB _ -WPA Form 5 - Order of Conditions sE3-3918 XAn Provided by DEP v ibg9• `0� , �AtED Wp'�A Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached .Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Chapter 237 of the Code of the Town of Barnstable Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc•rev.2/7/06 Page 4 of 7 SE3-391-8 Approved Plan= January 20,2006 Revised Site Plan(2 sheets)by Peter Sullivan,P.E. Special Conditions of Approval I. Preface Caution: Failure to comply with all Conditions of this Order of Conditions can have serious consequences. The consequence may include issuance of a stop work order,fines,requirement to remove unpermitted structures,requirement to re-landscape to original condition,inability to obtain a certificate of compliance, and more. The General Conditions of this Order begin on page 2 and continue on pages 3 and 4. The Special Conditions are contained on pages 4.1,4.2,4.3.4.4,4.5 and 4.6.All conditions require your compliance. H. Prior to the start of work,the following conditions shall be satisfied: 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein,General Condition number 8(recording requirement)on page 3 shall be complied with. 2. It is the responsibility of the applicant,the owner and/or successor(s)and the project contractors to ensure that all conditions of this Order are complied with. The applicant shall provide copies of the Order of Conditions and approved plans(and any approved revisions thereof)to project contractors prior to the start of work.. Barnstable Conservation Commission Forms A and B shall be completed and returned to the Commission prior to the start of work. 3. General Condition 9 on page 3 (sign requirement)shall be complied with. 4. The Conservation Commission shall receive written notice 1 week in advance of the start of work. 5. The work limit line shown on the approved plan shall be staked in the field by the project surveyor/engineer. 6. Staked strawbales shall be set along the approved work limit line. Effective sediment controls shall remain until the site is stabilized with vegetation. 7. A sequence of color photographs showing the undisturbed buffer zone shall be submitted to the Conservation Commission. Note :the strawbales must show in the foreground (or bottom of)the photographs. 4.1 8. Applicant shall execute and record a Conservation Restriction,the form of which shall be approved by the Office of the Town Attorney,restricting applicant's use of so much of the premises between the 18-foot contour(based on NGVD)and Santuit River,but reserving to the applicant the right to use the existing footpath as access to Santuit River. 9. Applicant shall deposit with the Town of Barnstable the sum of$75,000.00,(hereinafter"escrow fund"), which amount will be held in an interest-bearing account until a Certificate of Compliance is issued for the project. Said escrow fund shall be applied to restore any area of the premises outside the work limit that is disturbed,without authorization,during construction and not restored by the applicant. The balance of the escrow fund and any accrued interest shall be returned to the applicant upon issuance of the Certificate of Compliance. 10. Before breaking ground,the applicant shall arrange a meeting with his contractors,engineer and the conservation agent to discuss the Order of Conditions.No work shall ensue until the meting has taken place. III. The following additional conditions shall govern the project once work begins. Note especially special condition no. 17, requiring verification of the locations of the foundation and work limit line. 11. General conditions No. 12 and No. 13 (changes in plan)on page 3 shall be complied with. 12. General condition No. 17(maintaining sediment controls)on page 4 shall be complied with. 13. The work limit shown on the approved plan shall be strictly observed. 14. There shall be no disturbance of the site, including cutting of vegetation, beyond the work limit, except as set forth in special condition No.27. This restriction shall continue over time. 15..The Conservation Commission, its employees,and its agents shall have a right of entry to inspect for compliance with the provisions of this Order of Conditions. 16. This permit is valid for 3 years from the date of issuance,unless extended by the Commission at the request of the applicant.Caution:a future Amended Order does not change the expiration date. 17. Upon completion of the foundation,the project surveyor or engineer shall verify in writing or by plan to the Commission any discrepancies with the approved foundation and work limit line location. If verification is in the form of an as-built plan,the plan provided shall be drawn at the same scale as the approved plan. 18. Any fill used for this project shall be clean fill. Fill shall contain no trash,refuse,rubbish,or debris. 19. No CCA-treated materials shall be used for the deck.No creosote-treated material shall be used period. Page 4.2 20. During construction,no area shall be left unvegetated or unmulched for more than 30 days.All areas disturbed during construction shall be revegetated immediately following completion of work at the site. Mulching shall not serve as a substitute for the requirement to revegetate disturbed areas at the conclusion of work. 21. Herbicide,pesticide and fertilizer use is discouraged on lawns within Conservation Commission jurisdiction. If fertilizer is used,only slow-release low-nitrogen fertilizer(with 30-50%water insoluble nitrogen or`W.I.N') shall be applied. Over-fertilizing shall be avoided(not-to-exceed limit= 1 pound of nitrogen per 1,000 sq. ft. of lawn per application). Ensure that no fertilizer is spread on hard surfaces like driveways and sidewalks. 22. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this project. IV. Further Special Conditions as applied to specific Proiect components A. Septic System: 23. The septic system shall be a re-circulating sand system and shall be located between the street and the dwelling as shown on the site plan. B. Foundation: 24. A portion of the cellar located at northeast corner of the dwelling shall be eliminated as shown on the site plan,and this portion of the dwelling shall be constructed on a slab. C. Erosion Control: 25. The work limit as shown on the site plan shall be staked in the field by the project engineer/surveyor. The work limit shall be delineated with a permanent barrier,ENDURANCE CSP Composite Sheet Piling,or equivalent. Approximately 130 feet of permanent barrier shall be installed such that the top is at least three (3)feet above grade,with the southerly 80 linear feet to remain in place after completion of the project. The remaining portion of the barrier shall be removed upon completion of construction. This barrier shall be installed prior to further work at the site.Installation of the barrier will be done in two steps. Step 1 shall consist of setting and staking a hay bay line along the work limit by hand. Step 2 shall consist of setting the permanent barrier with the aid of a small mechanical backhoe.The backhoe shall cut a 1-foot trench approximately three feet deep to set the permanent barrier;once the barrier is set in the trench it will be backfilled and compacted. Page 4.3 26. . A row of double-staked hay bales shall be placed westerly of the permanent barrier and shall be maintained during construction. 27. No vegetation outside the work limit shall be removed;provided,however,that limb(s) of trees within the buffer zone that are within the footprint of the structure may be removed. 28. Retaining walls along the southerly and easterly(Troutbrook Road)property lines shall be concrete and may have stone set on the exposed face for aesthetic purposes. 29. The concrete retaining wall establishing the westerly limit of the driveway as shown on the site plan shall contain a 6-inch reveal. A guardrail shall run along the top of retaining wall for approximately thirty-two (32)feet,as shown on the site plan. A handrail shall run along the top of the retaining wall from the garage to the southerly end of the guardrail. 30. During construction and prior to issuance of a Certificate of Compliance,the permanent barrier shall be inspected once per week and after every rainfall of%"or greater during a 24-hour period. Results of the inspections shall be reported to the Conservation Commission via e-mail by the project engineer. 31. The Carver soils present at the site shall be enhanced with approximately 6 inches of 10%organic loam. 32. All disturbed areas shall be re-vegetated with grass,bayberry and blueberry. To facilitate re-growth and to minimize erosion potential,jute netting and hay shall be used as needed on the face of the slope. D. Run Off: 33. All roof runoff is to be collected and directed to drywells,approximately as shown on the site plan. Driveway run off is to be captured in a solid catch basin and directed into a leach pit. E. Driveway 34. The driveway shall be loose stone from the catch basin to the garage and shall be paved from the catch basin to the street. F. Miscellaneous: 35. No excavated material shall be stored on-site. All excavated material shall be removed from the site. 36. All heavy construction vehicles shall be unloaded at the street. 37. All deliveries to the premises shall be directed to the front door.A sign measuring approximately 8"x12" shall be placed on a post at the driveway entrance stating"Delivery vehicles keep to street". 38. The premises shall be heated by gas or electricity. V. Work Sequence with outlined tasks and additional conditions and allowances: Task 1. Set Work Limit,Install Barrier: The work limit line shall be staked in the field by the project engineer/surveyor. The work limit shall be delineated with hay bales and a permanent barrier. See the Special Conditions IV.C.above outlining the specifications for the barrier. Page 4.4 Task 2. Clear Existing Vegetation: The existing vegetation within the project footprint shall be removed only as necessary. No vegetation outside the work limit shall be removed. However,any limb within the buffer zone that overhangs the footprint of the house(or deck after consultation with Conservation staff)may be removed. All cleared vegetation shall be disposed of off site at a suitable location. Disturbed areas shall be covered with jute netting and hay to minimize potential erosion. Task 3. Excavation(Overlaps with Set Foundation): Excavation to be performed from south side to north side of the lot and progressing from west to east(up slope)as the foundation is set. Access to work area shall be along the proposed driveway. Excavated material is to be placed directly into a truck and to be disposed of off site. Task 4. Set Foundation: The foundation is to be staked and pinned by the project surveyor/engineer. A certified plot plan shall be submitted to the Commission prior to start of construction of the superstructure. Concrete trucks will only be allowed on the street.The construction site shall be kept clean through the entire project.Any windblown debris beyond the work limit line shall be removed at the end of the workday. Task 5. Construct Retaining Walls&Regrade: Sheeting shall be set along the southerly street line and along the southerly property line for construction purposes. The sheeting will be used to maintain the stability of the adjacent property. Sheeting material shall be either timber or fiberglass/vinyl.The retaining walls shall be constructed of concrete but may have stone set on the exposed face for aesthetic purposes. Task 6. Install Drainage Structures: Task 7. Install Septic System: Task 8. Pave Driveway: Task 9. ReVegetate: Page 4.5 VI. After all work is completed,the following condition shall be promptly met: 39. At the completion of work,or by the expiration of this Order,the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Barnstable Conservation Commission Form C shall be completed and returned with the request for a Certificate of Compliance Where a project has been completed in accordance with plans stamped by a registered professional engineer,architect,landscape architect or land surveyor,a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any,exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance.At the time of the request for a Certificate of Compliance an updated sequence of color photographs of the undisturbed buffer zone shall be also submitted. Page 4.6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: CAB _ 'WPA Form 5 - Order of Conditions SE3-3918 v� Mass. Provided by DEP s639. �0 prEp MPr s Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a.special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: Y� On �l Of C, Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires This Order is issued to the applicant as follows: © by hand delivery on ❑ by certified mail, return receipt requested, on Date ii `'✓uce � 6v%t � Date Wpaform5.doc•rev.217/06 O Page 5 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Foie Number: • iuRNU. • WPA Form 5 - Order of Conditions SE3-3918 HASv .a3S. Provided by DEP �ATFD MPS a .. Chapter 237 of the Code of the Town of Barnstable ONLY C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpaforrrm5.doc•rev.2/7/06 Page 6 of 7 r Massachusetts Department of Environmental Protection ti o� Bureau of Resource Protection -Wetlands DEP File Number: BA STABLE, _ WPA Form 5 - Order of Conditions sE3-3918 MASS. v 1639. � Provided by DEP Chapter 237 of the Code of the Town of Barnstable ONLY D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - - -------- ------------------------------------------------------------------------------------------------- To: Barnstable Conservation Commission Please be advised that the Order of Conditions for the Project at: 144 Troutbrook Road, Cotuit SE3-3918 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.2/7/06 Page 7 of 7 } CONSERVATION RESTRICTION Kristin Pandit, of Milton,Norfolk County, Commonwealth of Massachusetts (hereinafter called "the Grantor"), her successors and assigns, owning a certain parcel of land Barnstable (Cotuit), Barnstable County, Massachusetts, shown as LOT 7 on a plan of land entitled, ` "HILLCREST" Plan Of Land In BARNSTABLE, MASS. Scale: 1" _ 100', December 5, 1972, Ewald & Maschi Inc. Engineering Consultants 908 Concord Street, Framingham, Mass."' which said plan is recorded in the Barnstable County. Registry of Deeds in Plan Book 268, Page 4, as a gift for no consideration, grants to the Barnstable Conservation Commission, 200 Main Street, Hyannis, MA 02601 (hereinafter called"the Grantee"), its successors and permitted assigns, in perpetuity and exclusively for conservation purposes, the following described conservation restriction on so much of Lot 7 designated "Conservation Restriction Area" on the sketch attached hereto entitled "Plan Showing Conservation Restriction Area,Barnstable, (Cotuit), MASS., Scale 1" = 50', Date 20/JAN/06, CapeSurv, 7 Parker Road, Osterville, MA 02655": The Grantor shall not mow, cut, cut down,prune, uproot, remove or pull out any grass, trees, brush, bushes, or any other vegetation or growth nor alter or change, the soil, topography or surface waters within the Conservation Restriction Area . Notwithstanding the above restriction, the Grantor may maintain, keep clear and mow, so as to be accessible on foot, the "Existing Footpath" and the area between the defined "Existing Footpath" and Santuit River as shown on the attached sketch as access to Santuit River. So much of"Conservation Restriction Area" as lies within the Cape & Vineyard Easement shown on the plan recorded in Plan Book 268, Page 4, and on the attached sketch, is subject to the provisions of said easement, recorded in Book 1313, Page 301. 1 p i . This restriction may be enforced by the Barnstable Conservation Commission or its agents. Property Address: 144 Troutbrook Road, Cotuit, Massachusetts 02635. For Grantor's title, see deed from Robert F. St. Thomas to Kristin Pandit, dated August 15, 2001, recorded in the Barnstable County Registry of Deeds in Book 14211, Page 118. WITNESS my hand and seal this day of January, 2006. Kristin Pandit COMMONWEALTH OF MASSACHUSETTS Norfolk, ss. r On this day of January, 2006, before me, the undersigned Notary Public, personally appear d Kristin Pandit, who roved to me through satisfactory evidence of identification, which was �a Iti'_N''s IC.�l1 S. e , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 2 / s I ''Line Table: I REFERENCES: Deed Book 142111118 LINE LENGTH BEARING Plan Book 26814 L 1 13.94 N00'4659"E L2 17.04 N23.10'41"W ASSESSORS REF.: L3 20.61 N34 2939"W Mop 008, Porcel 009 L4 11.60 N30 37'31"W L5 9.11 N54'00'48"W L6 14.90 N45'40'00"W L7 23.17 N30108'1 iV Semen L8 18.35 N41'10'20"W G a L9 11.60 N10 3629"W {� L10 26.50 N295538"W Area d oA 9,570±SF VlneYar e & � Lot 28 Gap p (210' Wide) CIF Aliberti Richard 2936/261 Lot 6 _ e E 155# 30p0 „ Centerlin\ N ��' of River O Lot 27 O� N� ---- - --"------ Lot 7 / 18' Contour Bordering Vegetated ���� Based on NGVD o Wetland as Flogged by O ENSR 071SEPIOI .01 5 N O Lot 8 r_ 16 1 010 1`\wOF *p0 00 W go9er R{CHARD dag 40,in � �3t 5 61 &POW 04 R. LHEUREUX w ------ pea^ M t236 P34312 ------ AAC�E sE`�G�P i4 I l l � � Z%q pro 0 10 20 30 40 60 80 FEET CapeSu ry Sheet Title: Dwg C518 7 Parker Rood Phan Showing Scale Osterville MA 02655 Conservation Restriction Area "-50, � (508)420-3994 (508)4@copec 5 fax gams table, .(co tui t) Mass. 1201JAN106 copesurvC�kapecod.net Bic 16716� PsV4 �43167 ' 04-09-2003 a 14 2 50a Massachusdtts Department of Environmental Protection � Bureau of Rbsource Protection-Wetlands DEP File Number: WPA Form 5 Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information From: Department of Environmental Protection Issuing Authority This issuance is for(check one): 0 Superseding Order of Conditions ❑ Amended Superseding Order of Conditions To: Applicant: Property Owner(if different from applicant): Kristin Pandit same Name Name 256 Canton Ave. Mailing Address Mailing Address Milton MA 02186 CiVrown state Zip Code Cityrrown State Zip Code 1. Project Location: 144 Troutbrook Rd. Barnstable Street Address City/Town 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(If registered land) 3. Dates: January 24,2002 August 13,2002 August 28, 2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Site Plan Proposed Site Improvements&Septic System Rev:214/03 Title SE 3-3918 Sketch Plan Re-vegetation Scheme Mar.6 2003 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan, RPE Name 6. Total Fee: 375.00 (from Appendix B:Wetland Fee Transmittal Form) Wpafom5.doc-rev.wi 2M3 Page I of 7 t � Bk 16716 P S?5 043167 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number WPA Form 5 — Superseding Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP .B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the.reviewof the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,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: ® Public Water Supply ❑ Land Containing Shellfish IRI Prevention of Pollution ® Private Water Supply 2 Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply 0 Storm Damage Prevention ® Flood Control Furthermore,the Department hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: © the following conditions which are necessary,in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above.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. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore,work on this project may not go forward unless 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. ❑ 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 as per 310 CMR 10.05(6)(c). General Conditions (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. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. ftafomS.doc-rev.3/12/03 Pape 2 of 7 Bk 16716 P996 M:-43167 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number ` WPA Form 5 - Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cunt.) 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. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse, rubbish,or debris, including but not limited to lumber,bricks, plaster,wire, lath, paper,cardboard, pipe,tires,ashes, refrigerators,motor vehicles,or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Department on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or,"MA DEP' "File Number SE 3-3918 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Department. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Department in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Department for that evaluation. ftaform&doc•rev.311= Page 3 of 7 y Etc 16716 Po 97 =43167 LL11Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: WPA Form 5 — Superseding Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c..131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Department. 17. Al sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the 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. Special Conditions: See attached page(s) This Order is valid for three years,unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuanc e. 19 "{AR 2003 Date Signatures: 'VElfibeAthA. Kouloheras,4Bureau o esource Protection On 1 - � Of Month and Year -before me personally appeared Elizabeth A.Kouloheras to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free s�'actariti•rieed. C ry Rublic; My Commission Expires elf.. d�r t�jssued to the applicant as follows: S ttand delivery on ® by certified mail 19 MAR 2003 Date Date 7001 0320 0001 4632 2964 Wpaform5.doc•rev.3n2/03 Page 4of7 i Bk 16716 F'99H 43167 Massachusetts Department of Environmental Protection. Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 — Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals Notice of Appeal Rights: .A) Appeal Rights and Time Limits The applicant,the owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon which the proposed work is to be done,or any ten(10)persons pursuant to MAL c.30A,§10A,are hereby notified of their right to request an adjudicatory hearing pursuant to M.G.I.c.30A,§10,providing the request is made by certified mail or hand delivery to the Department,with the appropriate filing fee and a DEP Fee Transmittal Form within ten(10)business days from the date of issuance of this Superseding Order,and addressed to: Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street,3r 1 Floor Boston.MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission,the applicant,and the issuing office of the DEP at: DEP Southeast Region 20 Riverside Drive Lakeville,MA 02347 B) Contents of Hearing Reouest A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6),and shall contain the following informatlon: (a) the DEP Wetlands File Number,name of the applicant and address of the project; (b) the complete name,address,and fax and telephone numbers of the party filing the request,and,if represented by consultant or counsel,the name,fax and telephone numbers,and address of the representative; (c) the names,telephone and fax numbers,and addresses of all other parties,if known; (d) a dear and concise statement of(1)the fads which are grounds for the proceedings,(2)the objections to this Superseding Order,Including specifically the manner in which It is alleged to be inconsistent with the Department's Wetlands Regulations,310 CMR 10.00,and does not contribute to the protection of the interests Identified in the Act,and (3)the relief sought through the adjudicatory hearing,including specifically the changes desired in the Superseding Order, (e) a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the conservation commission. C) Filing Fee and Address A copy of the Notice of Claim along with a DEP 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 or 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. Failure to submit all necessary Information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing: Wpafoml9.doc•rev.3112103 Page 5 of 7 Bk 16716 Ps99 =43167 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: ' WPA Form 5 — Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 6 of Form 5 shall be submitted to the Department at the address listed below. Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville,Massachusetts 02347 Detach on dotted line, have stamped by the Registry of Deeds and submit to the Department. ------------------------------------------------------------------- To: Department of Environmental Protection issuing Authority Please be advised that the Superseding Order of Conditions for the Project at: 144 Troutbrook Rd. SE 3-3918 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page . for: Kristin Pandit Property Owner and has been noted in the chain of title of the affected property In: Book Page In accordance with the Superseding Order of Conditions issued on: March 19, 2003 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 Kristin Pandit By: Signature of Applicant Wpeform5.doc.rev.Maros John R. Alger Page 6 of 7 B.k 16716 P9100 T43167 Superseding Order of Conditions for SE 3-3918 Special Conditions: 1. Prior to any activity at the site,the erosion control barrier as depicted on the plan of record shall be installed.Any sediment that accumulates on the wetland side of the barrier shall be removed by hand. 2. This siltation barrier shall also serve to delineate the limit of work. No equipment,vehicles,or activities are allowed on the wetlands side of the barrier. 3. The siltation barrier shall be inspected on a monthly basis and after any heavy precipitation event.Any failure of the barrier shall be repaired immediately and a report of the conditions and corrective actions shall be submitted to the Conservation Commission and the Department. 4. The siltation barrier shall remain in a functional condition until all bare areas are successfully re-vegetated with at least 75%cover material. 5. Work shall be undertaken in accordance with the work sequence submitted to the Department on Feb. 13,2003 and in accordance with the details established in a March 6,2003 letter to the Department. 6. This order does not relieve the permittee of the necessity of receiving approval under the Town of Barnstable's Wetland By-law. 7. Upon completion of the project,a Certificate of Compliance shall be requested pursuant to 310 CMR 10.05. Iw BARNSTA9►_E REGISTRY OF DEEDS Wpafwrrt5.doc•rev.3/t2/03 Page 7 of 7 . j i ✓fze L�omvinoozusea o�✓�aaaac�iuvrka BOARD OF BUILDING REGULATIONS j. License: CONSTRUCTION SUPERVISOR Number' S-, 094302 Birthcfle _ 22!± zp�re2/2ty09 Tr.no: 94302 t i Reside 0 i ADAM HOSTETTE L. 1293 NEWTOWNG— COTUIT, MA 02635 Commissioner ACOR CERTIFICATE OF LIABILITY INSURANCE "Aoaizei<oD°e' ►aoDUcrR 506 4ZB-0440 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARK$YLVIA INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 0B9 MAIN STREET AT ER R,HEHCOV RAGS AT oaoED NOT POLICIES BELOW OSTERVILLF,MA 02655 - __ INSURERS AFFORDING COVERAGE NAIC 0 -_ . _. .. WIURQD Y NSURERA FAPM_FAMILY CASUALTY INSURANCE _ ADAM J HOSTETTER IN9URRRD _.... 770A MAIN STREET NSURr,RC_ OSTERViLLE,MA.02655 NSURERD — I NBURERE. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER1001NDICATED NOTVATHBTANDINO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMCNT WTH RESPECT TO YrHICH THIS CERTIFICATE MAY DE ISSUED OR ,MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE REIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH FCOCIES.AQaREOATE LIMITS SHOWN MAY HAVC BEEN R EDUCED BY PAID CLAIMS ►OUCYHUM61tTA POWCYpP/1C t ICY K Rlt,ATION OQNCMLLIAtiIIfTT I EACHCC00RQNCC 1 100000O h coNNQRCu1 cENER�A�LtADIUIY TO BE ISSUED OB/26/200fi C8►2B12007 t�pg�k CP.V6.Enwiupul 1 100000 i CLAIM$MADC l A l OCCUR ',MCOCXP(AMVon*rar�sen 1 _ 5000 ^�... lPGFDONALAADVINJURY 1 10g0000 OpNpRAiA08HCOATE` 2000000 ..,.... I__....» OENIAGOREO�TC IIMITAaPLIriBPGR PRODUCTS I OMPIOPAGO 1 1000000 poLICY i PRO, LOC AUTOMODILP L AOILITV I COMOINCO SINOW LIMIT 1 ANY AUTO IC-1 aC611F111) r ALLOWNEOAUTOS `ROPILY 1 ( a Pnnan) — �BCMEDULEDAUTOB H RCO AUTOS I OOOILY INJURY e NON OWNe0 AUTOS IPar uolllanti PROPERTY OAMAOQ 1 jP01 M'Oia011U OAAAOQLIADILIry AUTO ONLY,tIAACCIDCNT 1 ANY AUTO THCATHAN EAACC 1 AUTO ONLY: A00 e CICISa'LIMPRQLL.4LIAO1417Y - pACHOCCURRCNCQ e _ OCCUR CLAIM6 MADC AOORfGATp M DgDUCTYDLO / , D SAUI I WORK01COMPAN1ATIONANO ..— A1CL:M1Tj A I QMPLOYQRI'LIADILITY "L EACHACC10pNT • 1000DDO ANY PRO/RIQTORIPARTNER,8AaCUTIVq TO BE ISSUED O6IZ8/2006 09/2$I2007 "...�— OFP'CIRfii6MBCR 2XCLUC407 I 6 DISF.ADC I CA CMPLOYEA e 1 OQOO II des"s una I i.�p I P I I Ne below a L.CI6P.At1R,POLICY LIMIT A 1000000 I DTHeq DO SCRIP TK)N GP O►BRATION 6.1 LOCAYIONS I VCHICLMS I CXO41JA"A ADMO DY 0N00RSeMlN710P/CIAL PROV1610Ne RES'DENTIAL AND LIGHT COMMERCIAL BUILDER CERT CA E HOL.D R CANCELLATION 9NOU40ANY OF THO AOOVQ Dp/CRIPCD POLIGIQ><BC CANCCLLCD DQPORC TMS 41P1RATICN DATA TMQg80P,TNQ uuma one R WILL lMDQAVOR TO MAIL DAYS WlUrIMN N CF BARNSTABLE NOTICQ T TtIP CQATIFICATS MOL a AMQD TO YHA LPPT,PUT PAC.URC TO 00 80 SHALL TOW MAIN TO MAIN STREET lass/e oDL10An et Y KIND UPON YMQ INSURQA,ITS AOCNTS OR R�Pag Ta ee. hYANNIS MA 02801' Aur►Io R III M 30 ACORD 26(2C01/08) ACIOAD CORPORATION 1988 FEB•-02=2007 16:46 From:11RRK SYLUIR INS 5084209227 To:508 428 1974 P.1/1 CO � DATBlMMJIDOlYYYY} I CERTIFICATE R CA TE>,r TIFI ICY'�F LIABILITY INSURANCE oz/oz1z0a7 FRoouG@R 508 28.0440 TmiS CERTIFICATE 18 1881.IE9) AS A MATTER OF INFORMATION ' MARK SYLVIA AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 771 MAIN STREET HOLDER, THIS CERTIFICATE DOES NOT A@II@NO, EXTEND OR 771 MAIN STREET EE 0265b ALTSR THE COVERAGE AFFORDS BY THE POL,0158 BELOW. INSURERS AFFORDING COVERAOS NAIL 0 IN6UR@D i,INt3vaga A UNITED�A9UAl,TY 8 SURQ1 Y INS .GQ. _I KRISTEN PANDIT I IN BURP aa 268 CANTON AVENUE IN uaEac .'. I j IUILTON,MA 02186, m6wRIMRR I INSURER P C Y RA EB THE POLICIES OF IN5URA4CE LISICO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY RCCUIRGMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 96 ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES OESCRI@EO MERSIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE SCCN REDUCED BY PAID CLAIMS PDL ICYNUMAI9R ldV EPPECTIYS POL CM X LIMITS OdN ORAL LIAEILITY EACNOCCURRENCE a, C_o_MMCRCIAL OLN@RAL LIABILITY DAMAGE TO RENTED IIR:.M*1118 E6oexurenf�l }6 CIAIMB MADC •j OCCuA I MRpQXPiA!+YanR9non1, ' - PGR60HALAADViNJUR i Y OdNERALA00aCOATE i.. .. { (,ql LAOOREOATA_LIMIT APPLIES PUP PRODUCTS a COM0100 A�IO -i , POLICY"__I PRO, WC I I . _ I-. JFCT AITOMOUL9 LIABILITY J COMOINED SINGLE LIMIT I6 ANY AUTO I IE� laenll I AL L OWH 4 D AUTOB MCILY HAIRY SCHEgUI@q AUr08 (P.r P®nnn) 6 HIRBDAur06 19OpILriNJURr .. ... . 9 NON,OWNBO AUTOB (Pa scaldMt) ! PROPERTYOAMAGE WesoCldent) I QARAG@LIABIIJTY AUTO ONLY,EA ACCIDENT 'd - 'ANY AUTO OYMER THAN EA AGO f tl ALI NLY A00 8 R110E66NMlBNLLALIABILITY EACNOCCURRENCE f i 1 OCCUR CLAIMS MAO! AOGREOAIB ;i OiDUCTIWLO AUTENTION i WORKRRSCOMPQNSATIONAND I T ..LI I $ CR+.`l .. .. AMPLOYRRd'LIABILITY I E t ANYPR6PpipTORJ,FttPAR�ARTNGRIOXBCUTIVd P.ACHACOIDENT III- -•• - jOPPtOgRMAQM�t!RJ'�rigL00001 ELOISEAEO+RACMPLQYCR�i ,.. It dt d-cl 11ION8 2.1.DISC AIM,POLICY UMIr A AL OV I ; . . OTHER f A ,STREF.r BONO PERMIT I NEW ISSUE 02/02/2007 0242/2007 260,000.00 STREET PERMIT BOND I ON NGRIPTION OF,OPERATIONS J 40CATIONO0 bRMICLR6l RkCLU610N6 APVdP BY$NDORRdMdNY I DFOCIAL PROVIMON6 144 TROUTBROOK ROAD COTUIT,MA 02635 1 i CERTIFICATE HOLDER . CANCELLATION SHOULD ANY OF TKR ADOVd 090CA1040 POL44118 ONCANC11"D BEPORd TNQ IIXPMATIO14 DATE TM@REOF,TN@ ISSUING INGURBA WILL ON99AVOFI TO MAIL- DAYS WRITTdN TO BANKNORTH,NA NOTICE TO TKE CRRTIFICATO HOLDER NAMaO TO YNd uiFT,OUT FAIWAR TO 00 E0 SHALL 16ACA/A1 IMA I IPOBO NO OBLIGATION OR LIABILITY DP ANY KIND UPON TWO INSURQR.ITI AG@NTE OR 1441 MAIN STREET RdFRglIENTA1Yv66. SPRINGFIELD,MA 01103 LMFi AUTNORIY60R@P#@6RNTA91Yq ACORD 25(2001108) QRAORATION 906E Bk 14211. Ps11-8 065901 09"07--2001 8 09 s 38u QUITCLAIM DEED 1, ROBERT F. ST.THOMAS of Hyannis,Massachusetts for consideration Paid of One($1.00)Dollar grant to KRISTIN PANDIT of 256 Canton Avenue, Millon, Massachusctts 02184 ` With qultclalm comiants Those certain parcels of land situate in Barnstable (Santuit), Barnstable County, Massachusetts, being shown as LOTS 7 and 27, as shown on a Plan recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Subjcct,to and with,thc benefit of all rights, casements, reservations and restrictions of record insofar as they are in force and applicable. PROPERTY ER S. I OP TY ADDRF,S. . 144 Trout Brook Road,Barnstable Sanl t M s ul a sa h s ( ), c u ells For my title sec deed dated November 27, 1984, recorded with Barnstable Registry of Deeds at Book 4345,Page 254., 1V11uess»y hand and seal this day of�f A_ N�'7� ,2001. Robert F. St. Thomas THE E COMMONWEALTH OF MASSACII USE TTS Barnstable, SS / /3 2001 Then personally appeared the above-named Robert F. St. Thomas and acknowledged.the foregoing to be his free act and deed before me, �. Notary Public My Commission T;xpires � s� ZAo� p.`�`�,1AcI,1,t..r' , BARNSTABLE REGISTRY OF DEEDS Uniformly Loaded Floor Beam[AISC 9th Ed ASD]Ver: 6.00.5 By: , on: 01-17-2007 : 09:28:01 AM Project: PANDIT-Location: LIVING ROOM CEILING FLUSH BEAM Summary: This.analysis was generated by an evaluation version of StruCalc 6.0 A36 W10x54 x 24.0 FT Section Adequate By: 193.4% Controlling Factor: Moment of Inertia Deflections: Dead Load: DLD= 0.17 IN Live Load: LLD= 0.24 IN =L/1190 Total Load: TLD= 0.41 IN = U704 Reactions(Each End): Live Load: LL-Rxn= 3420 LB Dead Load: DL-Rxn= 2358 LB Total Load: TL-Rxn= 5778 LB Bearing Length Required (Beam only, support capacity not checked): BL= 1.12 IN Beam Data: Span: L= 24.0 FT Unbraced Lenqth-Top of Beam: Lu= 0.0 FT Live Load Deflect. Criteria: L/ 360 Total Load Deflect. Criteria: L/ 240 Floor Loadinq: Floor Live Load-Side One: LL1= 30.0 PSF Floor Dead Load-Side One: DL1= 15.0 PSF Tributary Width-Side One: TW1= 6.5 FT Floor Live Load-Side Two: LL2= 30.0 PSF Floor Dead Load-Side Two: DL2= 15.0 PSF Tributary Width-Side Two: TW2= 3.0 FT Wall Load: WALL= 0 PLF Beam Loading: Beam Total Live Load: wL= 285 PLF Beam Self Weiqht: BSW= 54 PLF Beam Total Dead Load: wD= 197 PLF Total Maximum Load_: wT= 482 PLF Properties for: W10x54/A36 Yield Stress: Fy= 36 KSI Modulus of Elasticity: E= 29000 KSI Depth: d= 10.09 IN Web Thickness: tw= 0.37 IN Flange Width: bf= 10.03 IN .Flange Thickness: tf= 0.62 IN Distance to Web Toe of Fillet: k= 1.12 IN Moment of Inertia About X-X Axis: Ix= 303.00 IN4 Section Modulus About X-X Axis: Sx= 60.00 IN3 Radius of Gyration of Compression Flanqe+ 1/3 of Web: rt= 2.75 IN Design Properties per AISC Steel Construction Manual: Flanqe Bucklinq Ratio: FBR= 8.15 Allowable Flanqe Buckling Ratio: AFBR= 10.83 Web Bucklinq Ratio: WBR= 27.27 Allowable Web Bucklinq Ratio: AWBR= 106.67 Controllinq Unbraced Lenqth: Lb= 0.0 FT Limitinq Unbraced Lenqth for Fb=.66*Fy: Lc= 10.59 FT Allowable Bending Stress: Fb= 23.76 KSI Web Heiqht to Thickness Ratio: h/tw= 23.95 Limitinq Web Heiqht to Thickness Ratio for Fv=.4*Fy: h/tw-Limit= 63.33 Allowable Shear Stress: Fv= 14.4 KSI Design Requirements Comparison: Controllinq Moment: M= 34668 FT-LB Nominal Moment Strength: Mr= 118800 FT-LB Controllinq Shear: V= 5778 LB Nominal Shear Strenqth: Vr= 53760 LB Moment of Inertia(Deflection): Ireq= 103.27 IN4 1= 303.00 IN4 No. G� V g Fee THE COMMONWEALTH Y/MICS5aSETTs Entered in computes_ Yes PUBLIC HEALTH DIVISION-TOWN OF BARNSTABLE,MASSACHUSETTS Zlp�lication four Migpaal 6pmem Construction Permit Application for a Permit to Construct(V)Repair( )Upgrade( )Abandon( ) ❑Complete System ❑Individual Components Location Address or Lot No. Owner's Name,Address and Tel.No. !j/7- A471-ya y/ -rrl uoroo/{ Ra, epiul f- JS ril fi hMap f�2nc/i t Assessois"�'aapW"�'00 d e.L- o ��14 L'.Lnfo.,,AvP. m•/ Installer's Name,Address,and Tel.No, Designer's Name,Address and Tel.No.�.5&p_ 1ae.33 y y . P•0 Bo x G 5-� OsfC/'rille /yl/} OdG�S . Type of Budding: } Dwelling No.of Bedrooms Lot Size ZZ-006-sq.ft. Garbage Grinder(••y Other Type of Building No.of Persons Showers( )Cafeteria( ) Other Fixtures Design Flow �J 3� gallons per day.Calculated daily flow gallons. Plan Date Tan. /.F, a DOa, Number of sheets iF' Z Revision Date�AW s T l/zal°r° Title Si C P&41, AAQP_4&=4, .Si r- _: » fZi VC_' en Size of Septic Tank /SG d4-11 EX-Type of S.A.S. r•tl:o Description of Soil O tl v e 4tr9 S 0-002 v 6.1n b y a/a GLa3•. �•i_ fz" c�� s;l / /a�--/ s' inzc as �� , Nature of Repairs or Alterations(Answer when applicable) Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by this Board of Health. Sign a Date Application Approved by Date IVI Application Disapproved for the following ns Permit No. Date Issued THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of Compliance THIS IS TO CERTIFY,that the On-site Sewage Disposal System Constructed(✓)Repaired( )Upgraded( ) Abandoned( )by at /44 Yorw 2t en constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No dated Installer Designer The issuance of this permit shall not be construed as a guarantee that the system will function as designed. Date Inspector �77 ----------------- __.____Fee �SC� THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS disposal:ipstem Construction Permit Permission is hereby granted to Construct(('� Repair( )Upgrade,( )Abandon( ) System located at /S/�{ T!'D_hbTOo fd IQc/ Lo{•Cl i and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of ' Date: Approved by Permit Number RFScheck Compliance Certificate Checked By/Date Massachusetts Energy Code REScheck So$ware Version 3.6 Release 2 ' Data filename: Untitled.rck PROJECT TITLE: KRISTIN PANDIT CITY: Brewster STATE: Massachusetts HDD: 6058 CONSTRUCTION TYPE: 1 or 2 Family, Detached HEATING SYSTEM TYPE: Other(Non-Electric Resistance) WINDOW /WALL RATIO: 0.16 DATE: 01/17/07 DATE OF PLANS: l/11/07 PROJECT DESCRIPTION: NEW CONSTRUCTION DES IGNER/CONTRACTOR: CADZOOKS ARCHITECTURAL.GRAPHICS COMPLIANCE: Passes Maximum UA = 390 Your Home UA= 383 1.8%Better Than Code(UA) Gross Glazing ' Area or Cavity Cont. or Door Perimeter -Vale $-V la ue jL.Factor UA Ceiling 1: Flat Ceiling or Scissor Truss 1300 30.0 0.0 46 Wall 1: Wood Frame, 16" o.c. 2152 13.0 0.0 146 Window 1: Wood Frame:Double Pane with Low-E 183 0.340 62 Door 1: Glass '. 168 0.360 60 Door 2: Solid 21 0.390 8 Floor 1: All Wood Joist/Tntss:OverUnconditioned Space 1300 19.0 0.0 61 Furnace 1: Forced Hot Air, 82 AFUE COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, .specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the Massachusetts Energy Code requirements in,REScheck Version 3.6 Release 2 (formerly MECcheck) and to comply with the mandatory requirements listed in the REScheck Inspection Checklist. The beating load ibr this building, and the cooling load if appropriate,has been determined using the applicable Standard Design Conditions fbund in the Code. The HVAC equipment selected to heat or cool the building shall be no greater than 125%ofthe design load as specified in Sections 780CMR 1310 and AA Builder/Designer V V Date !� y j . RF'Scheck Inspection Checklist Massachusetts Energy Code REScheck So$ware Version 3.6 Release 2 DATE: 01/17/07 PROJECT TITLE: KRISTIN PANDIT. Bldg. Dept. UseCeilings: [ ] I 1. Ceiling 1: Flat Ceiling or Scissor Truss, R-30.0 cavity insulation Comments: Above-Grade Walls: [ ] I 1: Wall 1: Wood Frame,. 16" o.c., R-13.0 cavity insulation I Comments: Windows:. 1. Window 1: Wood Frame:Double Pane with Low-E, U-factor: 0.340 For windows without labeled U-factors, describe features: #Panes Frame Type Thermal Break? [ ]Yes [ ]No Comments: Doors: [ ] I I. Door 1: Glass, U-factor: 0.360 Comments: [ , ] I 2. Door 2: Solid, U-&ctor: 0.390 I,. Comments: Floors: [ ] I 1. Floor 1: All-Wood Joist/Truss:Over Unconditioned Space, R-19.0 cavity insulation Comments: Heating and Cooling Equipment: [ ] I 1. Furnace 1: Forced Hot Air, 82 AFUE or higher Make and Model Number I i Air Leakage: Joints, penetrations, and all other such openings in the building envelope that are sources of air leakage must be sealed. [ ] When installed in the building envelope, recessed lighting fixtures shall meet one of the following requirements: 1. Type IC rated, manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2. Type IC'rated, in accordance with Standard ASTM E 283, with no more than 2.0 cl n (0.944 L/s) air movement from the the conditioned space to the ceiling cavity. The lighting fixture shall have been tested at 75 PA or 1.57 lbs/$2 pressure difference and shall be labeled. I ' Vapor Retarder: [ ] Required on the warm-in-winter side of all non-vented framed ceilings, walls, and Boors. Materials Identification: [ ] Materials and equipment must be identified so that compliance can be determined. [ ] Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment must be provided. [ ] Insulation R-values, glazing U-factors, and heating equipment efficiency must be clearly marked on the building plans or specifications. Duct Insulation: [' ] Ducts shall be insulated per Table J4.4.7.1 Duct Construction: [ ] All accessible joints, seams, and connections of supply and return ductwork located outside conditioned space, including stud bays or joist cavities/spaces used to transport air; shall be sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions. Mesh tape maybe omitted where gaps are less than 1/8 inch. Duct tape is not permitted. The-HVAC system must provide.a means f)r balancing air and.water systems. Temperature Controls: [ ] { Thermostats are required for each separate HVAC system. A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. Heating and Cooling Equipment Siang: [ ] Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CMR 1310 and J4.4. " Circulating Hot Water Systems: [ J Insulate circulating hot water pipes to the levels in Table 1: Swimming Pools: [ ] All heated swimming pools must have an on/otfheater switch and require a cover unless over 20% of the heating energy is fi-om non-depletable sources. Pool pumps require a time clock. Heating and Cooling Piping Insulation: ] HVAC piping conveying fluids above 120 OF or chilled iiuids below 55 T must be insulated to the levels in Table 2. of Table 1: Minimum Insulation Thickness for Circulating Hot Rater Pipes. Insulation Thickness in Inches by Pipe Sizes Heated Water Non-Circulating Runouts Circulating Mains and Runouts Temperature(F) Up to 1" Up to 1.25" 1.5" to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 '100-130 0.5. _0.5 0.5 1.0 Table 2: Minimum Insulation Thickness fur HVAC Pipes. " Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Range F 2" Runouts l" and Less 1.25"to 2" 2.5" to " Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0:5 1.0 1.0 1.5 Steam Condensate(lor feed water) Any 1.0 '1.0 1.5 2.0 Cooling Systems Chilled Water, Refrigerant, 40-.55 -0.5 0.5 0.75 1.0 and Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD(Building Department Use Only) Sullivan Engineering Inc. 7 Parker Road, P.O. Bog 659 Osterville,MA 02655 Peter Sullivan P.E.Mass Registration No.29733 phone 508-428-3344 fax 508428-3115 peter@sullivanen ig n.com January 26, 2007 Adam Hostetter 770 A Main Street Osterville MA 02655 Re: Pandit, Troutbrook Road Dear Adam, Please fmd attached copies of the following: Conservation Commission Forms A&B (requires to be filled out) Site Plan sheets 1&2 full size with original stamps Site Plan sheets 1&2 reduced copies Architectural Plans by Cadzooks, reduced copies Board of Health Permit#2007-023 Order of Conditions, Town of Barnstable (recorded) Superseding Orders of Conditions,DEP (recorded) Final Order of Conditions,DEP Southeast Region(recorded) Beam Calculations(by Cadzooks) Energy Calculations (by Cadzooks) t _ > The attached site plan is what has been approved by the Town and does not reflect the changes to the site design& septic system submitted to NSTAR. Once we receive tNSTAR approval we will need to have that plan approved by the ConCom as well as the Board of Health. Please do not begin site work until you have obtained NSTAR approval. Attorney Schulz is working on an extension for the ZBA permit, the escrow account as required by the ConCom,a letter of buildabilty and the recording information on the Conservation Restriction. Please confer with his office to make sure you have all the appropriate documentation for the building permit application. I trust that this meets your present needs. If you have any questions please feel free to call this office. V truly yours Peter Sullivan PE Sullivan Engineering, Inc. cc: A. Schultz Esq. (via e-mail) Members of American Society of Civil Engineers and Boston Society of Civil Engineers Section R 1 LAW OFFICES OF ALBEIT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0050 FACSIMILE(508)420-1538 ALBEBT J. SCHULZ MICHAEL F.,SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com January 25, 2007 Tom Perry, Building Commissioner Town of Barnstable 367 Main Street Barnstable,MA 02601 Re: 144 Troutbrook Road, Cotuit, MA 02635 Assessor's Map 8, Parcel 009; Lot 7, Plan Book 268, Page 4 Our File: 21300 Dear Mr. Perry: I have examined the title to the real estate at 144 Troutbrook Road, Cotuit, ("Locus") and the adjoining parcels at 158 Troutbrook Road (Parcel 10/Lot 8), and 126 Troutbrook Road (Parcel 5/Lot 6) from 19801 to the present in order to determine whether any parcels have merged with Locus for zoning purposes. Based on my examination, I render the following opinion: 1. Locus contains .50 acre. 2. Locus is shown on as Parcel 9 on Assessors Map 8 as Parcel 9. Locus is also shown as Lot 7 on the plan recorded in Plan Book 268, Page 4 (Tab 1). 3. Locus is presently located in a RF residential zoning district and an Aquifer Protection Overlay District (AP). 4. The plan recorded in Plan Book 268, Page 4 (Tab 1) was endorsed by the Planning Board on January 15, 1973. ' 1980 is the year that the 7-year protection under 40A,Section 6 terminated.Locus also enjoyed an 8-year protection under Section 240-91 of the Town of Barnstable Zoning Ordinance. 5. At the time the subdivision plan was endorsed in 1973, Locus was located on an RD-2 residential zoning district, requiring 20,000 square feet and 125 feet of frontage. 6. Locus first became nonconforming in 1913, when the minimum area requirement was increased from 20,000 square feet to 43,560 square feet (1 acre). The zoning district changed from RD-2 to RE 7. Pursuant to the fifth paragraph of Section 6 of Chapter 40A of the General Laws in effect in 1973, all of the lots shown on the plan recorded at Plan Book 268, Page 4 (Tab 1) were exempt from the 1973 zoning change for a period of seven years, from January 15, 1973 or until January 15, 1980. 8. At no time since January 15, 1980, has Locus been held in common ownership with the parcels at 126 Troutbrook Road (Parcel 10/Lot 8), or 158 Troutbrook Road(Parcel 5/Lot 6). 9. The present owner of Locus is Kristin Pandit under a deed from Robert F. St. Thomas, dated August 13, 2001, recorded in Book 14211, Page 118. (Tab 2). 10. From July 17, 1972 to June 4, 1979, Locus was owned by Sea Lake. Corporation under deed recorded at Book 1691, Page 289 (Tab 3). From June 4, 1979 to November 27, 1984, Locus was owned by Bruce A. Wright and Susan J. Wright under deed recorded at Book 2936, Page 255 (Tab 4). From November 27,.1984 to August 13, 2001, Locus was owned by Robert F. St. Thomas under deed recorded at Book 4345, Page 254 (Tab 5). 11. Title to 126 Troutbrook Road (Parcel 5/Lot 6) is presently in the name of Richard.A. and Mary T. Aliberti under deed from Sea-Lake Corporation dated June 4, 1979, recorded at Book 2936, Page 261 (Tab 6). 12. From July 17, 1972 until June 4, 1979, title was in the name of Sea Lake Corporation under deed recorded at Book 1691, Page 289 (Tab 3). Title has been with the present owners Richard A. and Mary T. Aliberti from June 4, 1979 to present. 13. Title to 158 Troutbrook Road (Parcel 10/Lot 8) is presently in the name of Dean M. Boger and Patricia M. Boger under deed recorded at Book 12365, Page 104 (Tab 7). 2 14. From July 17, 1972 until June 29, 1976, Parcel 10/Lot 8 was owned by Sea- Lake Corporation under deed recorded at Book 1691, Page 289 (Tab 3). From June 29, 1976 to November 3, 1976, Parcel 10/Lot 8 was owned by John O. Heher under deed recorded at Book 2370, Page 029 (Tab 8). From November 3, 1976 to May 7, 1982, Parcel 10/Lot 8 was owned by Dean M. Boger and Patricia M. Boger under deed recorded at Book 2421, Page 163 (Tab 9). From May 7, 1982 to January 5, 1984, Parcel 10/Lot 8 was owned by Edwin M. Kelly and Diane M. Kelly under deed recorded at Book 3477, Page 214 (Tab 10). From January 5, 1984 to July 19, 1985, Parcel 10/Lot 8 was owned by John R. Maker under deed recorded at Book 3981, Page 257 (Tab 11). From July 19, 1984 to April 22, 1989, Parcel 10/Lot 8 was owned by Tina G. Aronson and Koby A. Rotstein under deed recorded at Book 4631, Page 028 (Tab 12). From April 22, 1989 to June 25, 1999, Parcel 10/Lot 8 was owned by Cynthia M. Bourget and Mark D. Gagnon under deed recorded at Book 6710, Page 158 (Tab 13). 16. Based on the above facts, it is my opinion that Locus is a separate building lot for zoning purposes. Sincerely, Albert J. ulz 01111 AJS:cg Enclosures 3 • !� �, i z y 001-D .� to 2e P,EC E;v,Sr:o�t.,:npnEO �/ MR In 3 io Pp'73 3 SA",-: .: ;i rr J.B.SARGENT F 3 STEP;!PCiSi n',E�.. �'`•VX,..--.-.. Ai ., ET. UX. KEY MAP 3 FNOGNAN 1+2 1 207.00 •n�. i552g 000 OLD N; r5'1y5q 3022yp0 1 u+< a3 NSF 20 ... 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FANV N 22DSF i"�twtaEs ey J} i i N 2 SE y" F ELEG A22, 1G COM 1 _ o A• B, � MEM::�e fi~ 045= N 06 3R T Ito 5E �n'6 P21 222 -' - m w V 1NEYARO_- ,z5.00 Ni( 771 A6w �6�^ r p00TSF -,�b's om s7, A.y_11r: . $. .-m• ,-16, +n�4 F 28 $ 3N : ; °oo 3 A.26 5.12'1jfSF 2 N380 SF o -S 6621 6w W N' O� d e S!, P'• �q°q 202.13 3 'o m v7 c sss y p. . �22 G ti N S P D ,-�<p t% r J-F° O •'� 102 6 <�O•N A°20,r7p7 rvo p NS Oi 40E— �O �6670°0 0 7 .��$N P2000g0� ~NB 550 �m3s Z , 55�Fo 231Q2SFq' y' h p H R A _° Q } /h ~ a 237r o s qP Bit qti A=3115:505F d a a r .9 N OQ `7.24 p o Poll 200�P aQ ` A•20155 S o a JQ 1.18 Ss&Sow PM1 V N O ,o o0Y1 ~/�O. ut O ,0'J'P b +� . P w ° 7?33os p O "O qg 355'SE 6 m F - 3 \A'22, Ld Y Q .0 > , P•36 w a.00' �, ,° 17 o s7iooe° 3°b A•20,1201S.F pJ� r W •°' .11 tiyyq . q9 s G :} F 38000'SF a° po°° v p°0 Z CITIFY THhf tVditCE OFTHE (iPF2oVPL of - m A 16 v. eh,. "11i15 PLAN B 1.:-THe;-BA¢.P15T'ABL �2fl1..JNla�c N B9 00 00 W A22,]40rSF �: k BCAZD Hp.s Bi�N 2.ace l ism P U-we.cotzsi✓o q�1 p� v 31 L•24.33J O 00 ',,I, O AT Yibts ONCE AND THAT ht P.PPE,AL-V.IAS '12 C by y°P�q� °s} iLEGSIVBD W TkIN Tidr�Tt[E1tt!DhYS �•\s25,1005F.z� tiQ e?e°s� q �ese4urPTToSesutire*tYieep�lerG• CY6 o i' hy8•15 vwc� FEB 261973 _. 0 6, s�'ggoPs R.179�e6�s'i.A'22650'SF�P A, C -�� • `13 ssoo$��0 0, ^°� A, TOVlU OF BaeNSTAgLe ? A•23,900_S.F�' "e0�� pOK• Zg6A REGISTERED LANDSURVEYOR: row (/w(yCA.�=e.-Jra eDO Nab , DAT E: E>ec. y p 0 5°b 14 q a A•4B,B25•S.F 2 ALiRED G. \ `S FMALD TarALap v.�.y •.169.56 .o ro�,_:....Ja o -_ H I ILLCREST� 1955 _xi Opp R•359.12 PLAN. OF LAND KINGS ROAD IN Tins TLAU is AQPOOMD ON Tt4e C6NDrTIo0 Tt4AT BAR N S TA BLE, MASS. 'No Lo-E tN T46' SUSDIV Isico BE SOLD AND tyo $J1LD1NCw 5,-kAu- B8 61zEc.-r�0 OLML-Tµw zErcputP.,ED SCALE: 1=-100 DECEMPJER 5,1972 4MP20VEM6NY5 1�lt3CE5SA2Y Td q�Unt>=LY SP21/E SUCH t,:>T N•AVM BeAS-M COMA—L To T-,kG 54`RSPA0no0 EWALDWASCHI INC. ENGINEERING CONSULTANTS or--V4—_ '' 908 CONCORD STREET, FRAMINGHAM, MASS. 35A2-PISTA'a— 'FLAUUmni $oAea ROUTE. 5A, 'SEA-LAKE BUILDING, SANDWICH,MASS. AV. 7�S PETITIONER a_�_p IV - /—�• Approval ofthls plan issnbjectto RECORD OWNER: SEA-LAKE.CORPORATION y//'/-L1 �� compliance with covenant to be SANDWICH,MASS. t�gTE ApptouEo recorded herewith C-1001 A • z • • + � J • N i Bk 14211 Pm 118 065901 09-••07---2001 & 09 s 38a QUITCLAIM DEED 1,ROBERT F. ST. THOMAS of Hyannis,Massachusetts for consideration paid of One($1.00)Dollar grant to KRISTIN PANDIT of 256 Canton Avenue; Milton, Massachusetts 02184 with quitclaim covenants Those certain parcels of land situate in Barnstable (Santuit), Barnstable County, Massachusetts, being shown as LOTS 7 and 27, as shown on a plan recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Subject to and with the benefit of all rights, easements, reservations and restrictions of record insofar as they arc in force and applicable. PROPERTY ADDRESS: 144 Trout Brook Road,Barnstable(Santuit),Massachusetts For my title sec deed dated November 27, 1984, recorded with Barnstable Registry of Deeds at Book 4345,Page 254. Witness my hand and seal this µ�day of �r-s' , 2001. 11 ct✓ � Robert F. St. Thomas TJIE COMMONWEALTH OF MASSACHUSETTS Barnstable,SS at4m2 of 12001 if Then personally appeared the above-named Robert F. St. Thomas and acknowledged the foregoing to be his free act and deed before me, Notary Public > ,:,��;,"•. My Commission Expires �tis�+►s�6 rAoi `� . ,.....�',.:� BARNSTABLE REGISTRY OF DEEDS TIC ��� I � 3 • M , MA/IACNUIaTTe QUITCLAIM 0190 LONG FORM(INDIVIDUAL)592 eo U691 YAGL 289 I, RAYMOND D. CRAWFORD xof Barnstable (Cotuit), Barnstable County,Massachusetts, being sinmarried,for consideration paid,anmhda in the amount of Sixty-Eight Thousand Five Hundred Dollars ($88,500.00)grant to SEA-LAKE CORPORATION, a Massachusetts corporation, having its usual place of business at Kiah's Way, South Sandwich, in Barnstable County, Massachusetts, B With 4111Srlatln tltnenstlle two certain parcels of the land in Mashpee and Barnstable, Barnstable County, Massachusetts, bounded and described as follows: (Description end enmmbnaees,U atq) i PARCEL I: A certain parcel of land situate in Mashpee, Barnstable County, Massachu- setts, and bounded and described as follows: WESTERLY by Quippish Road on four courses together measuring r Seven Hundred Fifty and 01/100 (750.01)feet, NORTHERLY by land now or formerly of June Childs Wellman A and Ruth W. Ackerman, One Thousand Two Hundred Three (1203)feet, more or less; EASTERLY by thread of Santuit River, One Thousand Nine 0 Hundred(1900) feet, more or less; SOUTHERLY by Old Kings Road, Fifty and 00/100 (50.00)feet; WESTERLY by land now or formerly of June Childs Wellman and Ruth W. Ackerman, Eight Hundred Seventy- five (875)feet, more or leas; and SOUTHERLY by land now or formerly of June Childs Wellman and Ruth W. Ackerman, One Thousand Two "1 Hundred Forty and 00/100 (1240.00)feet. f Containing 23.2 acres. Said premises are shown as Lot 1 on plan hereinafter mentioned. PARCEL II: A certain parcel of land situate in Barnstable, Barnstable County, Massachusetts, bounded and described as follows: • i NORTHERLY. by land now or formerly of Harvey F. Cohen, One Thousand Sixty-four and 01/100 (1064.01) feet; i NORTHEASTERLY by land now or formerly of Ernest Perry, Sr„ One ! Hundred Seventy-six and 42/100 (176.42)feet; NORTHWESTERLY by land now or formerly of said Ernest Perry. Sr., One Hundred Seventy-five and 29/100 (175.29) feet; NORTHEASTERLY by Main Street, Ninety-eight and 47/100 (98.47) feet; SOUTHEASTERLY by Lot 3 as shown on said plan, Seven Hundred k Eighty-six and 15/100 (788.15)feet; NORTHEASTERLY by Lot 3 as shown on said plan, Two Hundred Ten and 34/100 (210.34)feet; SOUTHEASTERLY by Lot 3 as shown on said plan, on two courses together measuring Nine Hundred Sixty and 78/100 (960.78)feet; } ('Individual—Joint Tenants—Tenants in Common—Tenants by the Entirety.) t { CHAPTER 183 SEC 6 AS AMENDED BY CHAVM 361 OF 1967 Ewq deed prwnMd for record shsU contain at b.y@ mdoned upon it the full dims,NRWIRIoe end post office addrete of the atanta• FeWto a campy with ease section salt Got effect the vlldiey of say deod.No stainer of dads sltaU accept a dad for recording unease it 4 In a mpilance with dw tepulnmata of this maim. t 2 sdnh1691 vacs 290 EASTERLY by Lot 3 as shown on said plan, One Hundred Five and 52/100 (105.52)feet, SOUTHERLY by Old Kings Road, One Hundred Nineteen and 55/100 (119.55)feet, and WESTERLY by thread cif Santuit River, One Thousand Eight Hundred Fifty-five (1855)feet, more or less. Containing 25.7 acres. Said premises are shown as Lot 2 on plan of land entitled"Plan of Land In Barnstable &Mashpee, Mass. for Raymond D. Crawford, Scale: 1 in. = 100 ft. pate: Dec. 22,. 1971 Charles N. Savery Inc. Registered Engineers Surveyors Hyannis South Yarmouth", to be recorded in Barnstable County Registry of Deeds. Subject to an easement to Cape &Vineyard Electric Co., the location of which is as shown on said plan. For title see deed from June Wellman Childs, dated February 6, 1957 recorded in Barnstable County Registry of Deeds in Book 967, Page 529;see also Estate of Gwendolyn W. Crawford, Barnstable Probate i No. 46151, and deed from Cape & Vineyard Electric Company, d recorded in book 1320, page 1109. a eooK1691 r�Gi 291 i X& eekxaaclaca��tsohoalbaot��E t � amdlcstlmex �ihuta.........My....hand and seal this..............1.2th...........................-day of.....dul3!..............19.32. ........................................................................... kr`.. .c.•t;._Ym n.. Crawford f ......................................................................... .......... .................................................................................... ..................................,................................................... COMMONWEALTH OF.MASSAC iSETTS' . o. { mit 15 6. ( 8 o Y.a.11D77 Lam'^ ' IIIht (Iatnma=511 f of 90110411a ffm Barnstable as. July 17, 1972 ! Then peewnally appeared the above named RAYMOND D. C:RAWFORb i and acknowledged the foregoing butnment to be his XN'Pcid? deed, before e t Jose MY ��,�.�17A... ,19 �I ! 211972 • 4 t V r t, e0ox2936 w.; 255 16735 � I SEA-LAKE CORPORATION a corporation duly established under Cho laws of The Commonwealth of Maseachusette and having its usual place of business at Sandwich of Barnstable County,Massachusetts, in considerat'.on of FIFTEEN THOUSAND ($15,000.00) DOLLARS s�s •'f ffranteto BRUCE A. WRIGHT and SUSAN WRIGHT, Husband and Wife, as ! Tenants by the Entirety, both of 11 Nouree Street, Azlington, Middlesex County, Massachusetts with quttrlalm csuenattta AkKJsmbdsx Those certain pax-cola of land situate in Barnstable (Santuit) Barnstable County, Massachusetts, being shown as LOTS 7 11 13 and 27, as shown on a plan entitled "HILLCREST" Plano Lan n Barnsta le, Vass. Scales 1" 0 1001, December 5, 1972, Ewald & Maschi Inc. Engin- eering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building', Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with acright to use the ways as shown on said plan In common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways commonly used in the Town of Barnstable. There is reserved to the grantor the right to grant further rights of way and easements to public utility corporations in said ways. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as a:.uended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and recorded -in Book 2241, Pages 91 and 94. The conveyed premises are also subject to an easement to Cape & Vine- yard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 3001 to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 3011 to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 3351 and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bills of Sale and Easement to Coutit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196 respectively., Being a portion of premises described from Raymond D. Crawford to Sea- Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page 289. (r L fioWF2936 wr 256 14WbM51htfd the mid SEA—LAKE CORPORATION has caused its corporate seal to be hereto affix.-d and these presents to be signed, acknowledged and delivered in its name and behalf by PAUL J. LYNCH if°Pzfea. 6 Treas. hereto duly authorised,this y�Yf day o tA& in the year one thousand adred and eV SEA7 —LA I Biped and sealed in presence of o S by gAUL J. I*CH, • 1 �t[JstoAlPsOf �leh�tt$ BARNSTABLE, re, 3UNE y 1979 Then personally appeared the above named Paul J. Lynch, President and Treasurer, as aforesaid, and acknowledged the foregoing instrument to be the tree not and deed of the Sea—Lake Corpgration. before me My commission expires R.LELAND'fiPlE my.rommisslo,.9 COMMONWEALTH. OF MASSACHUSETTS DEEDS 010M JUN 181979 • r - • • • ' ` Lo • sooK4345 Fou 254 GC288 1. BRUCE A. MIGHT and SUSAWWRIGHT,• Hunsband and wife, tenants by the entirety Of 15 Nourse Street, Arlington, Middlesex County,Massachusetts, In consideration of THIRTY THOUSAND FIVE HUNDRED AMID NO/100 ($13,500.00) DOLLARS i $ grant to ROBERT F. ST. THOMAS ' 1 Of old kye""'J MA With *MCIttMt rdnruads Those certain parcels of land situate in Barnstable (Santuit), Barnstable County, Massachusetts, being shown as.LOTS 7, and 27, as shown on a plan entitled "HILLCREST" Plan of Land in Barnstable, Mass. Scale: 1"= 1001 December 5, 1972, Ewald & Masdhi Inc. Engineering Consultants,- 908 Concord Street, Framingham, Mass., Route 6A, 'Sea Lake Buildings, Saadwid44 -Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said.plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways commonly used in the Town of Barnstable. There is reserved to Sea-Lake Corporation the right to grant further.rights of way and easements to public utility corporations in said days. The conveyed premises are subject to restrictions as set forth in an instrument 3 entitled "VOLUNTARY RESTRICTIONS 'HILLCREST", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instrimbnts dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and recorded in Book 2241. Pages 91 and 94. The conveyed premises are also subject to an easement to Cape &Vineyard S Electric Company dated September 22. 1965 and recorded with said Registry in Book 1313, Page 3001 to an easement to Cape &Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, .Page 301;. to an easement to New England Telephone and Telegraph Company and New•Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry In Book 1878, Page 335; and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994 Page 328. Subject to a Bills of Sale and Easement to Cotuit Fire*District dated May 15, '1973 and October 27, 1975, and recorded in Book•1394, Page 324, and Book 2255, Page 196 respectively. For our title see deed from Sea-Lake Corporation to us dated June 4, 2979 and recorded at Barnstable County Registry of Deeds in Book 2936, Page 255. ,c<<i B=4345 Fact 255 f Executed as a sealed instrument this ,'�'f 7X day o f BRUM WRx , SAN WRTG r l �tf�01p>ti0111116�1 Af �JC� $vPro L�. as. r1 a%/. �-?� 19&af I Then personally appeared the above named Bruce A. Wright and Susan Wright i and acknowledged the foregoing instrument to be their f nd deeO Before me, Notary Pablie—lrrii�epeses M commi expires �-�I1 L, 19F;r p i w - 6 .. i � � soor.2936 i•r+c' 261 1.67:37 SEA-LAKE CORPORATION a corporation duly established under the laws of The Commonwealth of Massachusetts . end having its usual place of business at Sandwich ' of Barnstable County,Massachusetts, in consideration of FIFTEEN THOUSAND ($15,000.00) DOLLARS grants to RICHARD A. ALIBERTI and MARY T. ALIBERTI, Husband and Wife, an Tenants by the Entirety, both T of 66 Ashland Street, Medford, Middlesex County, Massachusetts with allclsim coernaats m d �im&Jw Those certain parcels of land situate in Barnstable (Santuit), Barnstable County, Massachusetts, being shown as LOTS 6 15 26 and 34, as shown on a plan entitled "HILLCRES'T" Plano Lan n Barnsta le, Wis. Scales 1" - 1001, December 5, 1972, Ewald & Maschi Inc. Engin- eering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building', Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with allothers now or hereafter lawfully entitled thereto for all purposes for which public ways commonly used in the Town of Barnstable. There is reserved to the grantor the right to grant further rights of way and easements to public utility corporations in said ways. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and recorded in Book 2241, Pages 91 and 94. The conveyed premises are also subject to an easement to Cape & Vine- yard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 3001 to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 3011 to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 3351 and to in easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bills of Sale and Easement to Cotuit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196, respectively. Being a portion of premiers described from Raymond D. Crawford to Sea- Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page 289. BOOw2936 Feii 262 i i i i i lr4wbt01kMVt the said SPA—LAKE CORPORATION bee caused its corporate seal to be hereto affixed and these presents to be signed, delivered in its name and behalf by PAUL J. LYNCH ,,•`��' its Pres. & Treas. hereto duly autbori:ed,this 4_. 7,ti O;•"' y"ii••ti Nst N day of TQ E in the year one thousand ndred �i I y SEA— E '^ Signed and sealed in presence of _ by PAU . LYNCH, !wed� Treat f �heQteamnonuie�tthoi�t�itt� BARNSTABLE, ea. 3UKF— 41 1979 Then personally appeared the above named Paul J. Lynch, President and Treasurer, as aforesaid, and solmowledged the foregoing instrument to be the free act and deed of the Sea—Lake Corporation. before me . My commission expires R. Ry Co ' NS�P' COM WEALTH OF MA$$ACHUSETTb IB DIA :, ��-•-_ poste re-[ 4, .: - �,t._ i FAMR D JUN I a 1379 I � • • • � I BK 12BCB PG 104 SGS40 �C1B--2B--1'J�l 02244 DEED WE, CYNTHIA M. BOURGET AND MARK D. GAGNON ,both of Cotuit, Barnstable County, Massachusetts, being married, for consideration paid, and in full consideration of One Hundred and Thirty Six Thousand and 00/100 0136, 000.00) Dollars grant to DEAN M. BOGER AND PATRICIA M. BOGER, Husband and Wife as Tenants by the Entirety of Post Office Box 1899 Cotuit, MA 02635 WITH QUITCLAIM COVENANTS, All our right title and interest in and to the land with the buildings thereon situated in the town of Cotuit, County of Barnstable County and Commonwealth of Massachusetts, bounded and described as follows: EASTERLY by Troutbrook Road, as shown on plan of land hereinafter referred to, one hundred and twenty-five and 00/100 (125. 00)feet; SOUTHERLY by Lot 9 as shown on said plan, two hundred and thirty- seven and 00/100 (237.00) feet, more or less; WESTERLY by Santuit River, as shown--on--said plan, one hundred and — fifty and 00/100 (150.00) feet, more or less; Ab NORTHERLY by Lot 7, one hundred forty-seven and 00/100 (147 .00) feet, as shown on said plan, more or less. The described premises contains 20, 400 square feet, more or less, and is shown as Lot 8 on plan of land entitled "HILLCREST' Plan of Land in Barnstable, Mass. , Scale: 1"=1001 , December 5, 1972 Ewald & Machi, Inc. Engineering Consultants , 908 Concord Street, Framingham, Mass. , Route 6A, `Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4 . ✓ Q. Together with a right to use the ways as shown on said plan in common with all others now or thereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the (�. Town of Barnstable. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS `HILLCRESTI", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as a amended by instruments recorded with said registry in Book 2209, Page 268, and Book 2241, Page 94. c ELK 1 236'.� FG 10i5 '�Q..r40 The granted premises are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328; and to a reservation in favor of Sea-Lake Corporation as set forth in a deed to John 0. Heher dated June 29, 1976 recorded with said Registry in Book 2370, Page 29. For our title see deed of Tina G. Aronson and Koby A. Rotstein to us dated April 22, 1989 and recorded with the Barnstable County registry of Deeds on April 24, 1989 at Book 6710, Page 158. WITNESS OUR HANDS AND SEALS THIS � DAY OF JUJIE- , 1999. 1 C THIA M. BOURGET MAR GNON COMMONWEALTH OF MASSACHUSETTS Barnstable, ss June ,1999 Then personally appeared the above-named, CYNTHIA M. BOURGET, and hereby acknowledged the foregoing instrument to be her free act and deed, before me, f7 Notary Public f My Commission Expires: #7 / 1 /2_</uo COMMONWEALTH OF MASSACHUSETTS Barnstable, ss June ,1999 Then personally appeared the above-named, MARK D. GAGNON, and hereby acknowledged the foregoing instrument to be his free act and deed, before me, 13 Notary Public ; � � 0 My Commission Expires: �l /�GL to :tI 0% D 0 °m BARNSTABLE REGISTRY OF DEEDS ►� m a 11y f C �'! • • s • I 00 I MMYACNUSKM QUITCLAIM OCCO OY CORPORATION ILLONO FORMI 796 t 3%2370 o::, 029 1 16490 SEA-LAKE CORPORNTION a corporation duly established under the laws of THE Commonwealth of Massachusetts and having its usual place of business at P.O. Box 264, Sandwich of Barnstable County,Massachusetb, for consideration paid,and in full consideration of SEVENTY FIVE HUNDRED DOLLARS ANDNO/100ths---------------------------------------------------------- gruntsto JOHN 0. HEHER, 57 Swift Avenue, Osterville, Barnstable, Mass. Of with 40c(4(ta rnartiants thelandin Barnstable (Santuit), Barnstable County, Massachusetts bounded and described as follows: ' (Description and enambrnrces,if any) EASTERLY by Troutbrook Road, as shown on plan of land hereinafter referred to, one hundred and twenty five and 00/100ths (125.00) feats i SOUTHERLY by Lot 9 as shown on said plan, two hundred and thirty seven and 00/100ths (237.00) feet, more or lessl WESTERLY by Santuit River as shown on said plan, one hundred and fifty and 00/100ths (150.00) feet, more or lesel NORTHERLY Lot 7, one hundred forty seven and 00/100the (147.00) feet, as shown on said plan, more or less. The described premises contains 20,400 square feet, more or less, and is shown an Lot 8 on Plan of Land entitled "HILLCREST" Plan of Land in Barnstablee,—Waiss., Scaler 1" a 1001, December 5, 1972 Ewald & Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham,Mase., Route 6A, 'Sea-Lake Building' Sandwich, Mass. which said plan is ' recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. Thero is reserved to the Grantor a right to grant further rights of ways and easements to public utility corporations in said ways. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST' ", dated August 1, 1973 and recorded with said Registry In Book 1916, Page 15, i as amended by instruments recorded with said Registry in Book 2209, i Page 268, and Book 2241, Page 94. The granted premises are also sildect to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edition Light Company dated June 12, 1973 and recorded with said registry in Book 1878, Page 3351 and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Being a portion of Parcel. 2 in a deed From Raymond D. Crawford to Sea-Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page 289. { l 1 1 i� r 5ook2370 tacit 030 Ilt t1tWRO tt40W. the said SEA—LA= CORRORATZ.ON has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Paul J. Lynch r President and Treasurer its hereto duly authorized, this Z9 77•f day of in the year one thousand nine hundred and SGVEnJ7Y Signed and sealed in presence of SEA—LAKE CORPORATION 1 ...................................................................... by For corporate authority se VOTE recorded with Barn- Paul J. Lino , President &.tie e stable Registry of Deeds in Book 2195, Page 39. Js�•yAS o O� �qe (QnuuuuuwaRltlt of �4unstuyuatrtin t� Barnstable ss, -ju"E 29 1976 i "Then personally appeared the above named Paul J. Lynch and acknowledged the foregoing instrument to be the free act and deed of the Sea—Lakd��95 1t3 t ipn �'C�ia`4*tlt c' l befora me t, :X ; ............................ J � . : Comm LTH Of MASSAt HUSET16 Notary Public EA XCIASM y cemmisalon expires R,LELAND JUL 11110 3 _ 11. I O roMwa � R•^l-: 1 � 103 1 i I i f � i CHAPTER 103 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Evwe+ryy deed praca for record shall contain or have endorsed upon It the full name,midence and port offke address of the grantee and a retl al of ttrc amount of the full consideration thereof In dollars or the nature of the other consideration therefor,if not delivemd for a specific monetary sum. The full consideration shall mean tho total price for the couve�ance without deduction for any Ems or sit. cum nee htas assumed by the grantee or remaluing therms. Ali AR such endorsements and =.shall be recorded as part of the deal. Failure to comply with this section shall not affect the validiq of any dad. No redister of deeds shall"it a deed for recording unless It is In compliance with the requirements of thls secties, RECORDED JULY 16, 1976 I * • 9 r I no 2421 tAfk 163 26404 f I, JOHN 0. HEHER i of 57 Swift Avenue, Barnstable(Osterville), Barnstab]ecounty,Massachusetts, in consideration of less than $100.00 grant to DEAN M. BOGER and PATRICIA M. BOGER, husband and wife, as I tenants by the entirety, of 57 Swift Avenue with gttis<laUn ranrnaMa Osterville, Massachusetts 02655 thelandin Barnstable (Santuit), Barnstable County, Massachusetts, bounded and described as follows: EASTERLY by Troutbrook Road, as shown on plan of land hereinafter referred to, one hundred and twenty-five and 00/100 (125.00) feeti SOUTHERLY by Lot 9 as shown on said plan, two hundred and thirty- seven and 00/100 (237.00) feet, more or lessl WESTERLY by Santuit River as shown on said plan, one hundred and fifty and 00/100 (150.00) feet, more or less; NORTHERLY by Lot 7, one hundred forty-seven and 00/100 (147.00) feet, as shown on said plan, more or less. The described premises contains 20,400 square feet, more or less, and is shown as Lot 8 on plan of land entitled"`HILLCREST' Plan of Land in Barnstable, Mass., Scales 1" - 1001 , December 5, 1972 Ewald & Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST"', dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments recorded with said Registry in Book 2209, Page 268, and Book 2241, Page 94. The granted premises are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 3281 and to a reservation in favor of Sea-Lake Corporation as set forth in a deed to John O. Heber dated June 29, 1976 recorded with said Registry in Book 2370, Page 29, to which deed reference is also made for title. i l I I i 302421 rAu 164 �s Executed as a sealed instrument this 34 day of November 1976 John 0. Heher �IIeQCommmoptiue�lth a� uthu�eti�i Barnstable u. November 3 , 1976 Theis personally appeared the above named JOHN 0. HEHER and acknowledged the foregoing instrument to be his free act and deed, Befog a+nee NOW P —JLIU Wrw iF" Arnold W. Mycock, My commission expires May 6, 19 77 i RECORDED NOV 41976 i • • 10 r • O � . �. , J r r i 60DKU77 PAGE M U171 DEAN M. BOGER and PATRICIA M. BOGER, husband and wife as tenants by the entirety, both of Barnstable (Cotuit), Barnstable County,hisomhu.ett., In consideration of SIXTY-SEVEN THOUSAND AND NO/100THS DOLLARS ($57,000.00) paid, to M grant to EDWIN M. KELLOGG and DIANE M. KELLOGG, husband and wife, 4 N as tenants by the entirety, of 17 Gray Street, Cambridge, 00 O Massachusetts 02138, an undivided one-half interest; and JOHN R. MAKER of Somerville, Massachusetts, and IRENE E.. GRAHAM of 27 Columbia Avenue, Wellesley, Massachusetts 02181 q ai as joint tenants, an undivided one-half interest, ro with quttctatm rxwenNda 0 the land in Barnstable (Santuit) , Barnstable County, Massachusetts, bounded and described as followse EASTERLY by Troutbrook Road, as shown on plan of land hereinafter referred to, one hundred and twenty-five and 00/100 (125.00) feet; SOUTHERLY by Lot 9 as shown on said plan, two hundred and thirty- seven and 00/100 (237.00) feet, more or less; WESTERLY by Santuit River as shown on said plan, one hundred and fifty and 00/100 (150.00) feet, more or less) NORTHERLY by Lot 7, one hundred forty-seven and 00/100 (147.00) feet, as shown on said plan, more or less. The described premises contains 20,400 square feet, more or less, and is shown as Lot 8 on plan of land entitled "'HILLCREST' Plan of Land in Barnstta lie, Mass., Scale: 1" - 1001, December 5, 1972 Ewald a& Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building' Sandwich,Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. r Together with a right to use the ways. as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments, recorded with said Registry in Book 2209, Page 268, and Book 2241, Page 94. The granted premises are also subject to an easement to Now England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1976, Page 3351 to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 3281 and to a reservation in favor of Sea-Lake Corporation as not forth in a deed to John 0. Heher dated June 29, 1976 recorded with said Registry in Book 2370, Page 29. For title see deed to us from John 0. Behar dated November 3, 1976 recorded with said Registry in Book 2421, Page 163. a. :R . } c 8o0K3477 PAGE i f i I i Executed as a sealed instrument this 71� day of � 1982 Dean 14. Boger S �Le@Ioaaaouuleaalthofiadlu!�ttga *Barnstable Barnstable �• 1982 Then personally appeared the above named DEAN M. DOGER and acknowledged the foregoing instrument to be hi a tree act a d geed, (C Boor 0 ' Notary PWWD— tFSCK>rK My commission expires: Q�� , 19 p Y r I 1 RECORGEC MAY 782 • • • I • r eooY3881 ►t 257 i��1Is We, EDWIN M. KELLOGG and DIANE M. KELLOGG, of Lexingl9p,. Middlesex County, Massachusetts, JOHN R. MAKER, of Somerville, Middlesex County, Massachusetts, and IRENE E. GRAHAM, of Wellesley, Norfolk County, Massachusetts, in consideration of Seventy-Six Thousand Three Hundred and 00/100 ($76,300.00) Dollars grant to JOHN R. MAKER Of 150 Lowell Street, Somerville, Middlesex County, Massachusetts, with 4uttrluim rnnruuuta "%"*A A certain parcel of land with the buildings thereon situated in Barnstable (Santuit), Barnstable County, Massachusetts, bounded and described as follows: EASTERLY by Troutbrook Road, as shown on the hereinafter mentioned plan, 125.00 feet; SOUTHERLY by Lot 9, as shown on said plan, 237.00 feet, more or less; WESTERLY by Santuit River, as shown on said plan, 150.00 feet, more or less; and NORTHERLY by Lot 7. as shown on said plan, 147.00 feet, more or less. Containing 20,400 square feet, more or less, and being shown as Lot 8 on a plan entitled: " 'HILLCREST' Plan of Land in Barnstable, Mass. Scale: 1" - 100' December 5, 1972 Ewald 6 Maschi Inc. Engineering Consultants 908 Concord Street, Framingham, Mass. Route 6A, 'Sea-Lake Building', Sandwich, Mass.". which plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. Subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST' ", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments recorded with said Registry in Book 2209, Page 268, and Book 2241, Page 94. Subject to an easement to New England Telephone and Telegraph Company et al dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335. Subject to an easement to Cotuit Fire District dated May 15, 1973'and recorded with said Registry in Book 1994, Page 328; and to a reservation in favor of Sea-Lake Corporation as set forth in a deed to John 0. Heher dated June 29, 1976 and recorded with said Registry in Book 2370, Page 29. Subject to taxes for the fiscal year commencing July 1, 1983, which the grantee herein assumes and agrees to pay. For title, see deed from Dean M. Boger et ux dated May 7, 1982 and recorded with Barnstable County Registry of Deeds, Book 3477, Page 214. ; M The address of the conveyed premises is: 158 Troutbrook Road, Cotuit, Massachusetts. C�- VV COMMOA:WEA A;SACHUSETTS M.11a r;, :—i r- --- -� 17 _ ii � 1 r__.__ aoo�3981 �s 258 I Executed as a sealed instrument this fifth day of January, 1984. 81hel�oitapanwexltlt� rl�etts Plymouth, se, January 5, 19 84 Then personally appeared the above named Edwin M. Kellogg and acknowledged the foregoing instrument to be his free act and deed, Befare R ci hard A. Serkey — M Naodi�mmrrrorretena My commission expires September 23, 1988 JAN 1084 f_ • • • 12 N ., BOOK4631 NU 028 409.31. DEED , I, JOHN R. MAKER of 27 Columbia Street, Wellesley, Massachusetts for consideration paid in the amount of Eighty-Seven Thousand Dollars ($87,000.00) grant to TINA 0. ARONSON and KOBY A. ROTSTEIN of 63 Islington Road, Auburndale, Massachusetts, wife and husband,as tenants by the entirety, with QUITCLAIM COVENANTS the land in Barnstable (Santuit), Barnstable County, Massachusetts, bounded and described as follows: EASTERLY by Troutbrook Road, as shown on plan of land I hereinafter. referred to, one hundred and, twenty-five and 00/100 (125.00) feet; SOUTHERLY by Lot 9 as shown on said plan, two hundred and thirty-seven and 00/100 (237.00) feet, more or less; WESTERLY by Santuit River as shown on said plan, one hundred and fifty and 00/100 (150.00) feet. more or less u NORTHERLY by Lot 7, one hundred forty-seven and 00/100 (147.00) feet, as shown on said plan, more or less. The described premises contains 20,400 square feet, more or less, and is shown as LOT 8 on plan of land entitled "'HILLCREST' Plan of Land in Barnstable. Mass., p" Scale: 1"=1001 , December 5, 1972 Ewald & Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building' Sandwich, Mass." which said plan H is recorded with Barnstable County Registry of Deeds in Plan co Book 268, Page 4, .N H Together with a right to use the ways as shown on said plan in d common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. , w The granted premises are subject to restrictions as set forth a in an instrument entitled "VOLUNTARY RESTRICTPIONS 'HILLCREST'". a dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments recorded with said Registry in Book 2209. Page 268, and Book 2241. Page 94. r Bo%4631 p,Gu OM The granted premises.are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12. 1973 and recorded with said Registry in Book 1876. Page 335; to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328; and to a reservation in favor of Sea-Lake Corporation as set forth in a deed to John 0. Heher dated June 29. 1976 recorded with said Registry in Book 2370. Page 29. For title see deed from Edwin M. Kellogg et al, dated January 10. 1984, and recorded with said Registry in Book 3981. Page 257. Executed as a sealed instrument this / day of July, 1985. . Maker uunMUNWEALTH OF MASSACHUSETTS ?A July/q,1985 V Then personally appeared the above named John R. Maker and acknowledged the foregoing instrument to be his free act and deed, before me i , I Notary Public y commission expires: June 1, 1990 2 CARD JUL 19 65 i • 13 . • • • ,� is V .. ... .. .. .. ...................- ........ ................. ..... ...._�.—_. ....___. r f . BOOK 20104 b 11 U PAGE �.J MAaaAGNUiiTTi QUITCLAIM DLRD INDIVIDUAL (LONG FORM) aii TIM G. ARONSON and NOBY A. ROTSTEIN of ppaatr County,Massachusetts btin anmani DO�co Od rationD00.and in 0) full One Hundred and Twenty Five rs grant to CYNTIi1:A M. BOURGh7T AMID MARK D. GAGNON, Husband and Wife as Tenants by the Entirety of 158 Trouthrook Road, cotuit, Massachusetts 02635 with gtuittlabn tsitrnsub I ' timhmdtiot (Deacrlptlon ad encumbrances,if any] The land in Barnstable (Santuit', Barnstable County, Massachusetts, bounded and described as follows: EASTERLY by Troutbrook Road, as shown on plan of land hereinafter referred to, one hundred and twenty-five and 00/100 (125.00) feet; SOUTHERLY by Lot 9 as shown on said plan, two hundred and thirty-seven and 00/100 (237.00) feet, more or less) WESTERLY by Santuit River, as shown on said plan, one hundred and fifty and 00/100 (150.00) feet, more or least NORTHERLY by Lot 7, one hundred forty-seven and 00/100 (147.00) feet, as shown on said plan, more or less. The described premises contains 20,400 square feet, more or less, and is shown as LOT 8 on plan of land entitled "IHILLCREST' Plan of Land in Barnstable, Mass., Scale. 11I=1001, December 5, 1972 Ewald a Maschi, Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLICRE,4T'", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments recorded with said Registry in Book 2209, Page 268, and Book 2241, Page 94. The granted premises are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Wison Light Company dated June 12, 1973 and recorded with said Registry in B000k 1876, Page 3351 to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994m Page 3281 and to a reservation in favor f9, 197a766erecorded with said Registry in Book 23 ration as set forth in a deed to John 0. Heher dated June 2 70, Page 29. For title see deed of John R. Maker to as dated July 19, 1985 and recorded with the Barnstable county Registry of Deeds on July 19, 1985 at Book I 4631, Page 028. (*Individual—Joint Tenants—Tenants 1n Common.) }' BOOK 6.7 10 PAGE 15 9 hands and seals this...... aZ�....day of.... VX',9.3...................1969... �tttltrle ••••" �,. •��„ �•..................•..................... may' }�1 � ,...,..,........:,,,,.. , .� ....... .. . ., . ..•...............:::........................................ i i �(1Y �nmttwtuuYaltq Dtt lRttseusEluYlYlta �� u April as t 1989 `Then personally 'appeared the above named Tina G. Aroalsm and Koby A. Rotstein i and acknowledged the foregoing instrument to be their free act and deed,before me ;, ::; �', `,• iNutary per_ My commission eaptrn••• DEEDS REG DARNSTADLE Q cs 04/24/89 t,y TAX 295.00 CLACK 285.00 7106A000 L4951 .EXCISE TAX APR Zh 89 CHAPTER ts3 SEC.6 AS AMENDED EY CHAPTER 497 OF 1969 Every dad presented for record shall contain or have endorsed upon it the full name,Midence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor.If not delivered for a specific monetary sum.The full consideration shell mean the total price for the conveyance without deduction fan of any dli n Of encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded asp failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is b compliance with the requirements of this section. i�- VIA ' Q-0-"A _N3C �,�� seT( 1ekdQ i LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0E50 FACSIMILE(508)420-1538 ALBERT J. SCHULZ MICHAEL F. SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com January 31, 2007 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 RE. 144 Troutbrook Road, Cotuit,MA Dear Mr. Perry: This letter confirms our telephone conversation on January 30, 2007, regarding the ( 3� issuance of a building permit for the above referenced property. I had forgotten that on February 8, 2006 I wrote to you concerning this property. I enclose a copy of that letter in which you concurred that the Applicant would have one year from February 7, 2006 to exercise her rights under the variance dated June 12, 2002 and recorded in Book 15343, Page 157. At the time I sent that letter, I assumed that the DEP would simply rubber stamp the Commission's Order of Conditions dated February 7, 2006, because the Town's appeal was still pending on February 7, 2007. However, DEP did not issue its final Order until June 1, 2006. This Order, a copy of which is attached, was recorded on June 1, 2006 in Book 21074, Page 271. I assume therefore, under the same analysis set forth in my letter dated February 8, 2006,the Applicant will have until June 1, 2007 to exercise her rights under the variance. This issue may become moot, as the application for building permit is being filed today or tomorrow. In the event any questions should arise, please do not hesitate to contact me. Very t ly yours, Albert J. Soulz AJS/jfs 21300 Zoning0125071tr.doc ' Y LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBERT J. SCHULZ MICHAEL F.SCHULZ_ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com t February 8, 2006 i Tom Perry -; Building Commissioner Town of Barnstable - -Na• 200 Main Street Hyannis, MA 02601 v � rn Re: Kristin Pandit 144 Troutbrook Road, Cotuit Dear Mr. Perry: On June 12, 2002, the Barnstable Zoning Board of Appeals granted a 3..51 variance to the minimum front yard setback for the above premises. The variance was subsequently recorded on July 8, 2002, in Book 15343, Page 157. Tab I This variance was applied for at the suggestion of the Barnstable Conservation Commission in February 2002, in connection with a Notice of Intent filed by Ms. Pandit with the Commission for the proposed construction of a single family dwelling at the premises. At the public hearing on February 26, 2002, the Commission told the applicant's consultants that if Ms. Pandit obtained the variance, the proposed project was permittable, despite a slight encroachment of the dwelling into the 50- foot buffer zone. However, despite the applicant's obtaining the requested variance and a permit from the Board of Health for a recirculating sand filter septic system, the Commission denied the project on August 28, 2002. Tab 2 Ms. Pandit filed a timely appeal to DEP and to the Barnstable Superior Court. On March 6, 2003, DEP issued a Superseding Order approving the project. Tab 3 The Town requested an Adjudicatory Hearing I regarding the Superseding Order, but proceedings before DEP were stayed pending the outcome of the Superior Court action. The case in the Barnstable Superior Court was remanded to the Commission, additional public hearings were held, but the Commission again denied the project on May 14, 2004. Tab 4 Finally, on February 7, 2006 the Commission issued an Order of Conditions approving the project, which Order has been recorded in Book 20722, page 245. Tab 5 Now that all issues have been resolved, Ms. Pandit expects to file an application for a building permit within the next eight (8) weeks. Since the case has been in Court and DEP continuously since the granting of the variance in June, 2002, it is my understanding that the one year time limit under Chapter 40A, Section 10 has been tolled and that Ms. Pandit will have one year from February 7, 2006 to exercise her rights under the variance. If you concur with my opinion, I request that you sign a copy of this letter and return it to me in the enclosed envelope. If you have any comments or questions regarding this matter, please call me at your earliest convenience, SincAcAlbert rely hulz AJS/jfs Enclosures cc: Kristin Pandit Sullivan Engineering, Inc. I concur that Applicant will have a period of one year from February 7, 2006 to exercise her rights under the variance. Sk 21074 PS 271 03-0-56 06--07-20��6 & 01. 2 47P Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 A. General Information Important: Southeast When filling out 1. From: Regional Office of the Department of Environmental Protection(the Department) forms on the computer,use 2 This issuance is for(check one}; a. ® Final Order of Conditions . only the tab key to move your b. ❑ Amended Superseding Order of Conditions cursor-do not 3.To; Applicant: use the return key. Kristin Pandit a Name 256 Canton Avenue c.Malling Address Milton MA 02186 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a.Name c.Malling Address d.City/Town e.State f.Zip Code 5. Project Location: 144 Troutbrook Rd. Barnstable a.Street Address b.City/Town 008 009 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note; electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Barnstable 14211 118 a.County b.Book c.Page d.Certificate(if registered land) 7. Dates: January 24, 2002 c.Date of OOC Issuance a.Date Notice of Intent Filed b.Date Site Inspected a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): SITE PLAN PROPOSED SITE IMPROVEMENTS&SEPTIC SYSTEM SHEETS 1 AND 2 a.Plan Title PETER SULLIVAN, R.P.E. b,Prepared By c.Signed and Stamped by REVISED 1/20/06 d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. Total WPA Fee Paid: . $375.00 :rti a.Total Fee Paid b.State Fee Paid c.Ciiyr`own Fee Paid wpaform6a.doc- rev.5/9/06 Page t of 8 1 Bk 21074 Pg 272 #35056 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent,the Order of Conditions,and information submitted with the request for the Superseding Order of Conditions, 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: 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.The Department hereby finds the project,as proposed,is:(check one of the following boxes) 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. 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 superseding 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 lucking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Only Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet d.linear feet b.linear feet c.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under a.square feet Waterbodies and b,square feet c.square feet d.square feet Waterways e.cu.yd dredged f.cu.yd dredged wpaforrr6a.doc•rev.6/30/06 Page 2 of 8 Bk 21074 Pg 273 #35056 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A -- Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 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 e.cubic feet f.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet a.square feet . Cubic Feet Flood Storage e.cubic feet f.cubic feet e.cubic feet f.cubic feet 9. ® Riverfront area a.total square ft a.total square ft Sq ft within 100 ft 1000 1000 c.square feet c.square feet Sq ft between 100-200 ft 3500 3500 e.square feet e.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Indicate size under Land Under the Ocean,below Areas 11. ❑ Land Under the Ocean a.Square feet b.Square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13, ❑ Coastal Beaches a.Square feet b.Square feet c.cly nourishmt. d.Gy nourishmt. 14. ❑ Coastal Dunes a.Square feet b.Square feet c.c/y nourishmt. d.c/y nourlshmt 15. ❑ Coastal Banks a.linear feet b.Linear feet C.GY nourishmt. 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.cu.yd dredged d,cu.yd 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.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.Square feet b.Square feet wpaform5a.doc•rev.5/30/06 Page 3 of 8 Bk 21074 Pg 274 #35056 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: ti WPA Form 5A — Final Order of Conditions SE 3-3918 t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 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 permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances, bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 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, 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. No work shall be undertaken until the Order has become final.and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the DEP Regional Office on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or,"MA DEP'J "File Number SE 3-3918 " wpaform5a.doc- rev.5/30/06 Page 4 of 8 Bk 21074 Pg 275 #35056 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: t WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Department of Environmental Protection. 11. The work shall conform to the plans and special conditions referenced in this order. 12, Any change to the plans identified in#8 above shall require the applicant to inquire of the Department of Environmental Protection in writing whether the change is significant enough to require the filing of a new Notice of Intent. 13, 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. 14. 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. 15. 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 of Environmental Protection. 16. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the 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. 17. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Brief Project Description of Permitted Activities: J P Single Family dwelling and associated utilities. Special Conditions(See the attached sheet(s)for additional conditions numbered 18 through 22.) wpa(orm5a.doc• rev.5/30/06 Page 5 of 8 Bk 21074 Pg 276 #35056 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5A — Final Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Wetland Regulations 310 CMR 10.00 _ 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. 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.. Iss th epaqv it of Environmental Protection: 6106 6obert W.Golledge,Jr.,coSsi a Date ertified Mail# 0i36 Notary Acknowledgm Commonwealth of Massachusetts County off°I IL On this I51Day Of Month Year Q %re me, the undersigned Notary Public, personally appeared r. Name of Document Signer Proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification 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. nature of Notary Public Printed Name of Notary Public 5, 2IM8 My Co mission Expires(Date) ie";• ;s y; 1fill 3iV •.....• as. wpatorm5a.doc• rev.5/30106 Page 6 of 8 . � Bk 21074 Pg 277 #35056 Final Order of Conditions for File No. SE 3-3918 Special Conditions 18. Prior to any activity at the site, the erosion control barrier as depicted on the plan of record shall be installed. Any sediment that accumulates on the wetland side of the barrier shall be removed by hand. 19. This siltation barrier shall also serve to delineate the limit of work. No equipment, vehicles or activities are allowed on the wetlands side of the barrier. 20. The siltation barrier shall be inspected on a monthly basis and after any heavy precipitation event. Any failure of the barrier shall be repaired immediately(within 24 hours). 21. The siltation barrier shall be maintained until all bare areas are successfully revegetated with at least 75%cover material. 22. Work shall be undertaken in accordance with the work sequence submitted to the Department on Feb. 13, 2003,and in accordance with the details set out in a March 6,2003 letter to the Department. BARNSTABLE REGISTRY Ur UEEU6 wpatorm5a.doc• rev.5130106 Page 8 of 8 LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1538 ALBERT J.SCHULZ MICHAEL F.SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com 1 February 8, 2006 rn Tom Perry . Building Commissioner - s' Town of Barnstable ) -0 L=>� 200 Main Street Hyannis, MA 02601 rn Re: Kristin Pandit 144 Troutbrook Road, Cotuit Dear Mr. Perry: On June 12, 2002, the Barnstable Zoning Board of Appeals granted a 3.5' variance to the minimum front yard setback for the above premises. The variance was subsequently recorded on July 8, 2002, in Book 15343, Page 157. Tab 1 This variance was applied for at the suggestion of the Barnstable Conservation Commission in February 2002, in connection with a Notice of Intent filed by Ms. Pandit with the Commission for the proposed construction of a single family dwelling at the premises. At the public hearing on February 26, 2002, the Commission told the applicant's consultants that if Ms. Pandit obtained the variance, the proposed project was permittable, despite a slight encroachment of the dwelling into the 50- foot buffer zone. However, despite the applicant's obtaining the requested variance and a permit from the Board of Health for a recirculating sand filter septic syttem, the Commission denied the project on August 28, 2002. Tab 2 Ms. Pandit filed a timely appeal to DEP and to the Barnstable Superior Court. On March 6, 2003, DEP issued a Superseding Order approving the project. Tab 3 The Town requested an Adjudicatory Hearing regarding the Superseding Order, but proceedings before DEP were stayed pending the outcome of the Superior Court action. The case in the Barnstable Superior Court was remanded to the Commission, additional .public hearings were held, but the Commission again denied the project on May 14, 2004. Tab 4 Finally, on February 7, 2006 the Commission issued an Order of Conditions approving the project, which Order has been recorded in Book 20722, page 245. Tab 5 Now that all issues have been resolved, Ms. Pandit expects to file an application for a building permit within the next eight (8) weeks. Since the case has been in Court and DEP continuously since the granting of the variance in June, 2002, it is my understanding that the one year time limit under Chapter 40A, Section 10 has been tolled and that Ms. Pandit will have one year from February 7, 2006 to exercise her rights under the variance. If you concur with my opinion, I request that you sign a copy of this letter and return it to me in the enclosed envelope. If you have any comments or questions regarding this matter, please call me at your earliest convenience. Sinc rely, Albert J. chulz AJS/jfs Enclosures cc: Kristin Pandit Sullivan Engineering, Inc. I concur that Applicant will have a period of one year from February 7, 2006 to exercise her rights under the variance. f � i Table of Contents • 1 2 • 5 IO w, F Erg • 1 Bk 15343 P9157 0-59163 07-08-2002 a 03 =46P BARNSTABLE. MASS. g .b AD? JUN 12 P11 I: 20 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2002—60—Pandit Variance-Section 3-1.4(5)Bulk Regulation Minimum Front Yard Setback Summary: Granted with Conditions Petitioner: Kristen Pandit Property Address: 144 Troutbrook Road,Cotuit,MA Assessor's Map/Parcel: Map 008,Parcel 009 Zoning: Residential F,Groundwater Protection and Resource Protection Overlay District Relief Requested&Background The applicant seeks to construct a single-family dwelling not in conformance with the required front yards setback. The Residential F District requires a 30-foot front yard setback and the proposed structure is sited with a 26.5-foot setback. A variance of 3.5 feet is being sought. According to the Assessor's record,the property at issue is a vacant.50-acre lot with the owner identified as Robert F.St Thomas. The applicant is proposing to build a 2.5 story dwelling of 3,250 sq.ft.including a garage. The footprint of the structure is shown as 50 feet by 26 feet. The first floor elevation is shown as 40 feet that is approximately 8 feet below the grade of the roadway. The lot in this appeal was created b subdivision Number 2 —" " FP y 51 Htllcreast approved by the Planning Board on January 15, 1972. At the time the area was zoned RD-2 requiring 20,000 sq.ft. lots and 125 feet of frontage. The lot has not changed and according to information is a legal pre-existing non-conforming lot. For standing,the applicant has submitted a copy of the deed showing ownership to the property. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 25,2002. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. 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 May 29,2002, at which time the Board found to grant the variance with conditions. Board members deciding this appeal were Daniel M. Creedon, Gail Nightingale,Richard L. Boy,Ralph Copeland and Ron S.Jansson. Attorney John Alger represented the applicant. He cited that the need for the variance was created by the requirement of the Conservation Commission to balance equally the variance they granted to their setback requirements. The lot borders on the Santuit River and has a required 50-foot setback from the wetlands. Conservation reduced that requirement to 46.5 feet. The .proposed dwelling is 26 feet wide by 50 feet long. It is to be a modest 2.5 story cape. Bk 15343 P9158 "59163 Mr.Alger noted that the Cape&Vineyard Easement cuts through the northern 80 feet of the lot,leaving only 63 feet of frontage available for the location of the dwelling. He also noted that the topography of the lot rises from an elevation of 10 feet to 48 feet. The public was invited to speak. Patricia Boger, 158 Troutbrook Rd., noted that some of the lot may be filled land. The engineer responded to the question noting that only a small area of fill was detected. He stated that the situation can be addressed at the building stage and appropriate requirements would be met,and that construction on this lot is feasible and would be safe with proper engineering. Findings of Fact: At the hearing of May 29,2002,the Board unanimously made the following findings of fact: 1. The applicant is Kristen Pandit. The subject property is addressed 144 Troutbrook Road, Cotuit, MA and is shown on Assessor's Map 008 as Parcel 009 in a Residential F Zoning District, a Groundwater Protection and Resource Protection Overlay District. 2. The applicant seeks to construct a single-family dwelling with a footprint of 26 feet wide by 50 feet long,on a lot approximately one-half acre in size. The proposed dwelling is to be located 26.5 feet from the front property line. The zoning district requires a 30-foot front yard setback. A variance of 3.5 feet is being sought. The applicant has cited factors related to size of lot,slope, and location along the Santuit River and wetland setback as directing the need for the variance. 3. Eighty(80) feet of a 210-foot wide Cape&Vineyard Easement cuts through the northern area of the lot and the lot slopes from an elevation of 48 feet to a low of 10 feet. 4. Unique conditions exist that affect the locus but not the zoning district in which it is located. These unique conditions create the hardship for which relief is being sought. The lot is on the Santuit River and the property slopes dramatically from the roadway down to the river. 5. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,financial or otherwise to the.petitioner,and this relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the variance to allow a single-family dwelling to be located 26.5 feet from the front property line subject to the following conditions: 1. Development of the lot shall be substantially in compliance with plan presented entitled"Site Plan Proposed Site Improvements&Septic System" 144 Troutbrook Road, Cotuit,Mass. Prepared by Sullivan Engineering,Inc.dated January 18,2002. 2. The proposed development shall conform to all requirements of the order of conditions issued by the Conservation Commission 2 Bic 15343 PS159 059163 3. The structure to be built is limited to a 1.5 story above the foundation as measured from the front grade facing the street. 4. The variance is issued to the front yard setback.All other setbacks are to be complied with. 5. Prior to construction the petitioner shall obtain Board of Health approval for the on-site Title V septic system. The vote was as follows: AYE: Daniel M. Creedon, Gail Nightingale,Richard L.Boy,Ralph Copeland,and Ron S.Jansson NAY: None Ordered: Variance 2002-60 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 in 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. Ron S. sson Chairman Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certifythat twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision 1- t no appeal of the decision has been filed in the office of the Town Clerk. * *.. Signed and sealed this day o Q dei. r pains an pen' Hof Linda Hutchenrider,Town C00 lh • "` 3 1 Abutters within 300' of Map 008 Parcel 009 ri �. This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this �} list is responsible for ensuring the correct notification of abutters. Owner and address data taken from Assessor's database March 8,2002. �h r4 Mappar Ownerl Owner2 Address City Stat Zip Country 008003 FARNKOFF,GREGORY 100 TROUT BROOK RD ]E&i;Uff 2635 1A 008004 rOOLEY,CHRISTOPHER G rOOLEY, ANNAMARIA 3 WIGHT IN TWOOD rA 090 M 008005 ERTR RICHARD A&MARY P O BOX 214 COTUIT 2635 7- - 008006 LL ALBERT F&ANN T 30 WILDWOOD RD MILTON 2186 008007 CARNEY,CBJDIE R 8 ESSEX RD MASHPEE MA 2649 Y m 008008 MACDONALD,MARGARET C TRS 2 STOWE RD ANDWICH MA 763 008009 ST THOMAS,ROBERT F %PANDIT,KRISTIN 56 CANTON AVE MILTONrA 186 008010 1B OGER,DEAN M&PATRICIA M 159 TROUTBROOK RD JCOTUIT rA 02635 008011 ALLUS,BARRY W&JOHANNE 170 TROUTBROOK RD COTUIT 02635 008012 iP ETERSON,LISA S 182 TROUTBROOK RD OTUIT rA 62635 022073 VANETTEN,MICHAEL S& VANEITEN,MARIANELLA 89 TROUTBROOK RD roTurr 635 22078 BOURGEOIS,JOYCE TRS OYCE REALTY TRUST 5 FURLONG WAY OTUIT MA r631 22079 PETERSON,ART 4UR T& PETERSON,IRENE M I FURLONG WAY COTUIT MA 02635 22080 LINKAMPER,JOHN H JR O NEWMAN,CECILE D O BOX 328 COTUrf MA 02635 Monday,April 22,2002 Page 1 of 2 M �0 Mappar Ownerl Owner2 Address City Stat Zip Country ri Q► 022082 OL.LAND,KENNETH R O BOX 421 C07 tJ1T 2635 �I l �M 22083 ROCCO,THOMAS P&PAULA rYKIEL,MARTHA 171 TROU77iROOK RD OTUIT rA IN r I I r.Z635 22094 ROJEE,JOHN M&MICHELLE L 75 FURLONG WAY OTUIT 2635 rl M co c Y w a� a Monday,April 22,2002 Page 2 of 2 r Bk 15343 P's160 059163 LEGAL NOTICES f TOWN OF BARNSTABLE ZONING BOARD OR APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE MAY 29,2002 To all persons interested In,or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of.the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: 7120 P.M. I Pandit Appeal 2002.60 Kristen Pendit has applied for a Variance to Section 3.1.4(S Bulk Regulation Minimum Front YardSetbacic The petitioner seeks to construct a single-family residence with a 26.5400t front yard setback when 30 feet is required.The property is shown on Assessor's Map 008,Parcel 009, addressed as 144 Trout Brook Road,Cotuit,MA in a Residential F Zoning District. 7r30 P.M. Whitman Appeal 2002-61 Lewis'and Sylvia Whitman have applied fora Variance to Section 3-1.3t51$ul4 Regulation Minimum Side Yard Setback.The petitioner seeks to construct a garage with a 4.2•foot side yard setback when 10 feet is required. The property is shown on Assessor's Map 140, Parcels 088, addressed as 95 Wianno Circle,Osterville,MA In a Residential C Zoning District. • These public hearings will be held at the Barnstable Town Hall,367 Main Street,Hyannis, MA,Hearing Room,2nd Floor,Wednesday,May 29,2002. Plans and applications may be reviewed at the Planning Division,Zoning Board of Appeals bfflce,Town Offices 200 Main. Street,Hyannis,MA. Ron S.Jansson,Chairman The Barnstable Patriot Zoning Board of Appeals May 10 and May 17.2002 Z • • N G F2 Massachusetts Department of Environmental Protection " Bureau of Resource Protection - Wetlands DcP Fi e Number: � B WPA Form 5 — Order of Conditions SE3-3918 HAR\S1'ASL£, \'gip .1 $ Provided by DEP ,Eo► i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII A. General Information Important: From: DENIAL When filling out forms on Barnstable the computer, Conservation Commission use only the tab key This issuance if for (check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Kristin Pandit Name Name 256 Canton Avenue Mailing Address Mailing Address Milton MA 02186 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 144 Troutbrook Road Cotuit Street Address City/Town 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(if registered land) 3. Dates: g 2a0Z January 24, 2002 August 13, 2002 AUK 2 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan June 25, 2002 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan, PE Name 6. Total Fee: $375.00 (from Appendix B:wetland Fee Transmittal Form) Yi c;crr..;.ccc•rev.E%27iC2 Fa,-1 i Massachusetts Department of Environmental Protection � �rosy CEP He ;umber: Bureau of Resource Protection - Wetlands a+aNsrnatE. WPA Form 5 - Order of Conditions SE3-3918 ,v aws. a Provided by DEP 4'",eotia�►�� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXV11 B. Findings 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 and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wet`.ands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply N Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention © Flood Control Furthermore, this Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ❑ the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ® the proposed work cannot be conditioned to meet the pe lormance standards set forth in the wetiand regulations to protect those interests checked above. 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. ❑ 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 as per 310 CMR 10.05(6)(c). General Conditions (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 properly or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. W;afcrr,S.dcc•rev.8r21;02 Fne 2 of 7 Massachusetts Department of Environmental Protection oFt1''�locy DEP He hJumSer. Bureau of Resource Protection - Wetlands MF,sTABLF- = WPA Form 5 — Order of Conditions SE3-3918 Muss. Provided by DEP `ba f039. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 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. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, reirigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number SE3-3918 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition "12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice cf Inten'. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. woatu-S.Ccc•rev.P-2142 page 3 a 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands . STABU = WPA Form 5 — Order of Conditions SE3-3918 �, v x+ss. g Provided by DEP— .4 1639• / Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegeta'.od%, et'a:,d, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. -"-It no time shall sediments be deposited in a vietland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ® that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Article 27 of Town Ordinances Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. wca;cro.dec•rev.8/21/02 page a cf 7 I SE3-391 S Pandit Submitted Plan= June 25,2002 Revised Site Plan by Peter Sullivan,PE Findings:' 1. The project locus is a wooded and very steeply sloping parcel located alongside of,and draining into the Santuit River. 2. The hillside upon which house construction is proposed has a slope of approximately 4S percent. The haybale—silt fence line proposed at the work limit is found inadequate to handle slope erosion and sedimentation during the construction period. 3. The proposed 36.5 ft.-wide undisturbed buffer zone between the work limit line and the bank of the Santuit River is significant):less than that anticipated (50 ft.)by the Regulation Governing Activity in the 100 ft.Discretionary Zone. Indeed, in the Preface to the Regulation,a buffer zone width of greater than 50 ft.is anticipated in cases where steep slopes(>18%)are encountered,so that impacts to down-slope resource areas may be avoided. 4. The Santuit River is a year-round-flowing,cold-water stream,which provides habitat for sea-run brook trout and its own native brook trout population. As such,it is a rarity on Cape Cod. 5. Sedimentation of the bordering wetland and stream as a result of the proposed construction is found to be more likely to occur than not, given the degree of slope disturbance,the inadequacy of proposed sedimentation controls,and the shortened width of the buffer zone. 6. The bordering wetlands,stream,and land under the stream are found significant to the interests of protection of wildlife habitat,protection of fisheries,storm drainage prevention,flood control, erosion.control and prevention of pollution. 7. Article 27 of the Town of Barnstable Ordinances (section 11)requires that an applicant shall have the burden of proving by a preponderance of credible evidence that the work proposed in the application will not have an unacceptable significant and cumulative effect upon the wetland values protected by this ordinance. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit. S. The Commission finds that the burden of proof was not met in the present case. 9. Moreover, Article 27 of the Town of Barnstable Ordinances provides that the Commission is empowered to deny a permit for failure to avoid or prevent unacceptable significant or cumulative effects upon the wetlands values protected by this ordinance; where it is deemed that the denial is necessary to preserve environmental quality of resource areas;and where no conditions are adequate to protect those values. Decision: The project is denied under VGL Ch 131 s'.0 in the interests of protection of fisheries,protection of wildlife habitat, storm damage prevention, flood control and prevention of pollution. The project is denied under Article 27 of the Town of Barnstable Ordinances the foregoing interests and in the interest of erosion control. s, ,a Pvlassachusetts Department of Environmental Protection o DE. File Number: Bureau of Resource ,Protection- Wetlands r HAANSIAB(E, WPA Form 5 — Order of Conditions SE3-3918 >� MASS. `em Provided by DEP �019.. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: see attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same.time to the appropriate Department of Environmental Protection Regional , Office (see Appendix A) and the property owner(if different from applicant). Signatures: J On _ Of N-J -J� Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his;her free act and deed. IYO Notary Public My Commission Expires This Order is issued to the applicant as follows: by hand delivery on _. ❑ by certified mail return receipt requested, on �Lc..c.l. P-'S e 5 o`7 Vdcz'arms.Ccc-rev.2125;02 '�-�--�'�" Massachusetts Department of Environmental Protection ��oF��Orsy DEP File Number: o Bureau of Resource Protection -Wetlands BARYSTABLE. = WPA Form 5 - Order of Conditions SE3-3918 MASS.9�p `�� Provided by DEP 1 fF639. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Oder is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission wpafcrrn5.dcc•rev.&27i02 Pa;a 6 of 7 • � 3 • M Bk 16716 Ps94 43167 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands ' WPA Form 5 — Superseding Order of Conditions 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: Department of Environmental Protection Issuing Authority This issuance is for(check one): 0 Superseding Order of Conditions ❑ Amended Superseding Order of Conditions To: Applicant: Property Owner(if different from applicant): Kristin Pandit same Name Name 256 Canton Ave. Mailing Address Mailing Address Milton MA 02186 City/Town State Zip Code Cityrrown State Zip Code 1. Project Location: 144 Troutbrook Rd. Barnstable Street Address City/Town 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(if registered land) 3. Dates: January 24,2002 August 13,2002 August 28,2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Site Plan Proposed Site Improvements&Septic System Rev.V14/03 Title SE 3-3918 Sketch Plan Re-vegetation Scheme Mar.6 2003 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan, RPE Name —' 6. Total Fee: 375.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.3112103 Page 1 of 7 Bk 16716 Ps915 �4,s167 LlMassachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 — Superseding Order of Conditions SE 3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings 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 and presented at the public hearing,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: © Public Water Supply ❑ Land Containing Shellfish 0 Prevention of Pollution ® Private Water Supply 21 Fisheries I@ Protection of Wildlife Habitat I'm Groundwater Supply 91 Storm Damage Prevention ® Flood Control Furthermore,the Department hereby finds the project,as proposed,is:(check one of the following boxes) Approved subjecfto: © the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above.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. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore,work on this project may not go forward unless an d 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. ❑ 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 as per 310 CMR 10.05(6)(c). General Conditions (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. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes,ordinances,bylaws,or regulations. Wpaform5.doc-rev.3/12103 - Page 2 of 7 Bk 16716 P996 �43167 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File"umbel WPA Form 5 — Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cunt.) 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. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse, rubbish,or debris, including but not limited to lumber,bricks,plaster,wire,lath, paper,cardboard, pipe,tires, ashes, refrigerators,motor vehicles,or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Department on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or,"MA DEP' "File Number SE 3-3918 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Department. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Department in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Department for that evaluation. Wpaform5.doc•rev.31121D3 Page 3 of 7 Bk 16716 Ps97 -43167 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File"umber WPA Form 5 — Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in Interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Department. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls 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. Special Conditions: See attached page(s) This Order is valid for three years,unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 9 MI M 2003 Date Signatures: r . Skrgb"ethk Kouloheras, Bureau o esource Protection — On 41-'` Of C' Month and Year before me personally appeared Elizabeth A.Kouloheras to me known to be the person described in and �••'who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free. actarid�deed. a ary Rublic C 9l ocy My Commission Expires fd .49sued to the applicant as follows: S �' (tjand deliveryby 1 on ® by1cerrtified mail '':r.h.. ,•,r.r�•' J MAR 2003 Date _ Date 7001 0320 0001 4832 2964 Wpaform5.doc•rev.3/12103 Page 4 of 7 Bk 16716 Ps 98 43167 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Fite Number: WPA Form 5 — Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals Notice of Appeal Rights: A) Appeal Rights and Time Limits The applicant,the owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon which the proposed worts is to be done,or any ten(10)persons pursuant to M.G.L.c.30A,§10A,are hereby notified of their right to request an adjudicatory hearing pursuant to M.G.L.c.30A,§10,providing the request is made by certified mail or hand delivery to the Department,with the appropriate filing fee and a DEP Fee Transmittal Form within ten(10)business days from the date of issuance of this Superseding Order,and addressed to: Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street,3 d floor Boston,MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission,the applicant,and the issuing office of the DEP at: DEP Southeast Region 20 Riverside Drive Lakeville,MA 02347 B) Contents of Hearing Request A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6),and shall contain the following information: (a) the DEP Wetlands File Number,name of the applicant and address of the project; (b) the complete name,address and fax consultant or counsel,the name,fax and telephone numbers,and address oif the epres ntative;ng the request and,�f represented by (c) the names,telephone and fax numbers,and addresses of all other parties,if known; (d) a dear and concise statement of(1)the taps which are grounds for the proceedings,(2)the objections to this Superseding Order,including specifically the manner in which It is alleged to be inconsistent with the Department's Wetlands Regulations,310 CMR 10.00,and does not contribute to the protection of the interests Identified in the Act,and (3)the relief sought through the adjudicatory hearing,including specifically the changes desired in the Superseding Order; (e) a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the conservation commission. C) Filing Fee and Address A copy of the Notice of Claim along with a DEP 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,or 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. Failure to submit all necessary Information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. WpaformS.doc-rev.3112/03 Page 5 of 7 Bk 16716 F'9?9 :43167 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 — Superseding Order of Conditions SE3-3918 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registrys 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 own er of the land subject on Page 6 of Form 5 shall be submitted to the Department at the address listed below. ording information Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville, Massachusetts 02347 Detach on dotted line,have stamped by the Registry of Deeds and submit to the Department. -------------------------------------------------------------------------------------- To: Department of Environmental Protection Issuing Authority Please be advised that the Superseding Order of Conditions for the Project at: 144 Troutbrook Rd. SE 3-3918 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Kristin Pandit Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Superseding Order of Conditions issued on: March 19, 2003 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 Kristin Pandit By: Signature o AApplicant _ Wpaform5.doc•rev.3/12103 John R. Alger Page 6 of 7 B.k 16716 P9100 143167 Superseding Order of Conditions for SE 3-3918 Special Conditions: 1. Prior to any activity at the site,the erosion control barrier as depicted on the plan of record shall be installed.Any sediment that accumulates on the wetland side of the barrier shall be removed by hand. 2. This siltation barrier shall also serve to delineate the limit of work. No equipment,vehicles,or activities are allowed on the wetlands side of the barrier. 3. The siltation barrier shall be inspected on a monthly basis and after any heavy precipitation event.Any failure of the barrier shall be repaired immediately and a report of the conditions and corrective actions shall be submitted to the Conservation Commission and the Department. 4. The siltation barrier shall remain in a functional condition until all bare areas are successfully re-vegetated with at least 75%cover material. 5. Work shall be undertaken in accordance with the work sequence submitted to the Department on Feb. 13,2003 and in accordance with the details established in a March 6,2003 letter to the Department. 6. This order does not relieve the permittee of the necessity of receiving approval under the Town of Barnstable's Wetland By-law. 7. Upon completion of the project,a Certificate of Compliance shall be requested pursuant to 310 CMR 10.05. Iw WpalormS.dOc rev.3/12f03 aARNSTAB E REGISTRY OF DEEDS • Page 7 of 7 • 4 Massachusetts Department of Environmental Protection File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions SE3-3918 zHnss. Provided by Town 163q �1P f0 MAC A Town of Barnstable Ordinances Article XXVII ONLY A. General Information Important: When filling From: out forms on Barnstable DENIED the computer, Conservation Commission use only the tab key to This issuance if for (check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions r� To: Applicant: Property Owner(if different from applicant): Kristin Pandit Name Name 256 Canton Avenue Mailing Address Mailing Address Milton MA 02186 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 144 Troutbrook Road Cotuit Street Address City/Town 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(if registered land) 3. Dates: January 27, 2004 _ _ February 10, 2004 - r AY 4 2004 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan Jan. 19, 2004 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan, PE Name 6. Total Fee: (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.5/11/04 Page 1 of 7 Massachusetts Department of Environmental Protection File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions SE3-3918 1639 s6 Provided by Town • �� FOMAra Town of Barnstable Ordinances Article XXVII ONLY B. Findings 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 and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ❑ the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which c provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the 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 as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.5/11/04 Page 2 of 7 Massachusetts Department of Environmental Protection File Number: Bureau of Resource Protection - Wetlands EAM STAB> = WPA Form 5 - Order of Conditions SE3-3918 p.1639. �� Provided by Town •ED Nlpr A Town of Barnstable Ordinances Article XXVII ONLY B. Findings (cont.) 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. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number SE3-3918 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11 Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.5/11/04 Page 3 of 7 dF Massachusetts Department of Environmental Protection File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions SE3-3918 b�. Provided by Town A�� ,FC Town of Barnstable Ordinances Article XXVII ONLY B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation, or other means. At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ® that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Article 27 of Town Ordinances Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaforrrm5.doc•rev.5/11/04 Page 4 of 7 SE3-3918 Pandit Submitted Plan= Jan. 19,2004 Revised Site Plan by Peter Sullivan, P.E. Findings: 1.Lot#7 is a small lot(roughly 21,000 sq. ft.)bordering the Santuit River that arose as a result of "checkboarding" a block of purchased land in the early stages of the "Hillcrest"development. 2.The lot(#7)has never been sold as a separate buildable lot,not even to Ms.Pandit. As early as 1979 it was considered "unbuildable"by the owner and sold as part of a package in 1984 with the lot across the street(lot#27)upon which a house could and was subsequently built. 3.Ms.Pandit's purchase of lot#7 in 2001 for$1 also includes lot#27 in her Quitclaim Deed. 4.The entire length of the lot immediately adjacent to Troutbrook Road(to a depth of 60-70 feet)is a very steep,vegetated slope(a slope of 40-45%)(comprising 40-50%of the 21000 sq.ft.area).This slope decreases to a 15-17%slope as it nears and enters the bordering vegetated wetland along the Santuit River. In many places this bordering wetland is less than 50 ft. wide yet roughly 15%of the 21,000 sq.ft. lot is bordering vegetated wetland to the river. 5.The site is composed of Carver soils. "According to USDA publication of soils,Carver soils are described as having severe limitations for site development and septic systems.Severe means having soil properties difficult to overcome.Permeability is very rapid,water capacity is low and the erosions hazard is high.All of these characteristics make the site extremely difficult to re-vegetate and vulnerable to erosion." (Lenore White,PWS,DEP Southeast regional office,in her 30 Jan.2003 letter to Mr. Alger,Ms.Pandit's counsel at the time) 6.Even in the absence of development on this site serious erosion has been a problem.Three truckloads of loam were spread sometime in the 1980's to stimulate vegetation and the electric company(that has easement rights over the property)installed wooden posts and a bulkhead to keep erosion from impacting the Santuit River. 7.Homes are built on lots on either side of 144 Troutbrook Road(lot#6 owned by Aliberti and lot#8 owned by Boger).The applicant claims that these houses were successfully constructed(with minimal environmental damage)on slopes similar to lot#7. This analysis is not compelling.Calculation of the slope in the zone of construction shows that while the Pandit house would be built on a 45 degree average slope (sloping towards the river)the Aliberti home was built on a 25 degree average slope.Furthermore,to ensure protection of the Santuit River,the foundation work on the Aliberti home was done entirely by hand. The Boger home was constructed on a portion of the lot that sloped away from the wetland resource and river, actually towards the street. 8.The applicant expects to denude,remove all existing vegetation from the 60-70 foot steep slope along Troutbrook Road(excepting a small section of land over which the power transmission lines run).This land will eventually become terraced but in the interim erosion concerns would be addressed through a permanent 6 foot impervious barrier placed along the back of the denuded area.This fiberglass sheathing will be buried to a depth of 3 feet leaving an additional 3 foot solid barrier above ground level.Such a barrier would permanently remove from wildlife(subterranean as well as above ground use)this portion of the buffer zone.There will be 900-1000 square feet of the 50 ft.undisturbed buffer zone inside this barrier. A small portion of the actual house would also lie within the no disturb buffer. 9.The Santuit River is the only native brook trout stream in Barnstable(and one of only 3 such streams on Cape Cod)and so holds a unique position in that it retains a rare and valuable(historical,recreational and economical)anadromous fishery(Sea-run Brook Trout;colloquially known as "Salters").Herring,another anadromous fish species,spawns in the river.Finally,abundant wildlife use the corridor offered by the riparian zone of the Santuit River. 10. Recognizing the ecological value of this resource,the town of Barnstable has spent considerable sums of money protecting the Santuit River and its watershed from deleterious development.The town most recently spent$970,000 to purchase the Hovey property near the mouth of the Santuit River to help preserve aquatic resources and the wildlife corridor currently existing between the steep banks set back from either side of the river. 11. Secretary Bob Durrand,Executive Office of Environmental Affairs(at the time of submission of this application),authored a piece("Maintaining Biodiversity in Massachusetts",Massachusetts Wildlife,2002) in which he expresses goals of his office.Language from this article pertinent to the Pandit case follow: "Protecting the Commonwealth's biodiverisity under current population and development pressures requires managing on a landscape scale.........Of the state's 5 million acres of land, 1 million is currently developed and 1 million is protected.The goal of the EOEA, its agencies and nonprofit partners is to protect at least 1 million of the remaining 3 million acres over the next 20 years through purchase or conservation restriction. Where possible,this 1 million acres should preserve connections to another half million acres of wetlands, riparian habitat,steep slope and ledge protected through concerted application of such laws as the Massachusetts Wetlands Protection Act and Rivers Protection Act." The Pandit property matches the above characteristics;conservation protection through the application of the Wetlands Act and the Town of Barnstable Wetland Protection Ordinance would be expected by the EOEA. 12. Applicant concedes that"This is a difficult lot where we're seeking to build a single family residence......The thing on this single family residence is that we—there's no way that we can comply with the zoning bylaws of the Town of Barnstable and also with your buffer zone regulation.There's also no way in connection with the river front that we can provide no significant impact....."(quote from first hearing 26 Feb '02). Applicant received zoning variance and is requesting a Commission variance to the Regulation Governing Activity in the 100 ft.Buffer Zone 13. The Conservation Commission Regulation Governing Activity in the 100 ft. Buffer Zone (promulgated June 5, 1990) sets forth the following performance standard for the present project... An undisturbed buffer zone 50 ft. in width shall be provided between wetland resource areas and the limit of site disturbance. It is recommended that proposed structures within the buffer zone be located no closer than 20' from the landward limit of the buffer,so that attendant construction,landscaping,and maintenance activities may ensue without buffer zone insult. The Commission finds the project utterlyfails to satisfy the standard. P J Y Further on,the Regulation sets forth that ... These regulations notwithstanding, the Conservation Commission will consider any and all proposals for activity within the buffer zone on a site specific basis, disposing of each according to its merit and the degree to which wetland interests have been protected and preserved at the locus. Having fully considered the application,the Commission finds it reasonably likely that such a degree of alteration will occur in the steeply sloping buffer zone that these impacts will not be confined thereto,and will result in significant adverse impacts(both presently and cumulatively)to both the onsite wetlands and the river(surface water body). 14. Moreover, in conclusion to the Preface to the above regulation,the"Commission finds that the uniform provision of an undisturbed buffer zone width of 50 ft. will serve to insulate wetland resource areas from adverse impacts stemming from development elsewhere in the buffer zone. In cases where the slope of an undisturbed buffer exceeds 18%, or in any instance where the scope or nature of the project is likely to require a greater spatial offset to wetland resource areas the Commission reserves the right to increase buffer zone width to a more suitable dimension."(emphasis added) The Commission finds the reliance of the present project on a narrower rather than more generous buffer zone width to preclude wetland impacts to run counter to both this regulation and best management practices and protocols. Decision: The project is denied under Article 27 of the Town of Barnstable General Ordinances in the interests of erosion and sedimentation control,fisheries,prevention of water pollution and wildlife habitat. �t„E rqy, Massachusetts Department of Environmental Protection DEP File Number: "o* Bureau of Resource Protection - Wetlands CAB WPA Form 5 - Order of Conditions SE3-3918 MASS.�bA Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP TED pAA'�a and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: see attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: -41 On I Of Iy (NI J o&'-4 Day Month and Year before me personally appeared .J-�-•Y•" i-- to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on Date Date Wpaform5.doc•rev.1/27/04 Page 5 of 7 Massachusetts Department of Environmental Protection File Number: Bureau of Resource Protection - Wetlands . ST,u M = WPA Form 5 - Order of Conditions SE3-3918 MM& Provided by Town 1639• �0 A Town of Barnstable Ordinances Article XXVII ONLY C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpaform5.doc•rev.5/11/04 Page 6 017 Massachusetts Department of Environmental Protection File Number: • �, Bureau of Resource Protection - Wetlands grABM WPA Form 5 - Order of Conditions SE3-3918 Vaasa Provided by Town FD MP'�A Town of Barnstable Ordinances Article XXVII ONLY C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpaform5.doc•rev.5/11/04 Page 6 of 7 e ,G{?Q Massachusetts Department of Environmental Protection DSP File Number: �V� Bureau of Resource Protection - Wetlands = WPA Form 5 — Order of Conditions SE3-3918 \',� Muss. $ Provided by DEP �A i639' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �fD MaY and Town of Barnstable Ordinances Article XXVII A. General Information Important: From: DENIAL When filling out forms on Barnstable the Computer, Conservation Commission use only the tab key This issuance if for (check one): move your cursor- do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Kristin Pandit Name Name Ir 256 Canton Avenue Mailing Address Mailing Address Milton MA 02186 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 144 Troutbrook Road Cotuit Street Address Cityfrown 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(if registered land) 3. Dates: January 24, 2002 August 13, 2002 AUG 2 g 2402 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan June 25, 2002 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan PE Name 6. Total Fee: $375 00 (from Appendix B:Wetland Fee Transmittal Form) vi_ ' ,m5.ccc•rev.&21M Fa,_1 :`7 Massachusetts Department of Environmental Protection GEP File number: Bureau of Resource Protection - Wetlands SE3-3918 la,2.��a� • WPA Form 5 — Order of Conditions \v a Provided by DEP �p 16,9• Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 RFD N1A'�� and Town of Barnstable Ordinances Article XXVII B. Findings 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 and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Pubfc Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention © Flood Control Furthermore, this Commission hereby finds the project, as proposed,is:(check one of the following boxes) Approved subject to: ❑ the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ® the proposed work cannot be conditioned to meet the performance standards set forth in the wetiand regulations to protect those interests checked above.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. ❑ 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 as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying v,ith all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpa(:rr5.dcc•rev.E 2L02 F, Massachusetts Department of Environmental Protection o� osy DEP He tJumSer. Bureau of Resource Protection - Wetlands >3,RNSTA8 WPA Form 5 - Order of Conditions SE3-3918 via 1 �`�� Provided by DEP ,E039. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 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 comp!etion 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. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number SE3-3918 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to ali agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition 412 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a ne,,, Notice of Inten'. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. N/eafcrn5.dcc•rev.E21X2 Pa,=_3 cf 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions SE3-3918 v "Un Provided by DEP `� i539 eo Massachusetts Wetlands Protection Act M.G.L. c. 131, §4t0 L rug'' and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegeta!n-d'A"e-L!'aind, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. /,t no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls 9 q 9 it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ® that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Article 27 of Town Ordinances Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. wca'cr-5.dcc•rev.8/21/02 Page 4 cf 7 SE3-3918 Pandit Submitted Plan= June 25,2002 Revised Site Plan by Peter Sullivan,PE Findings: I. The project locus is a wooded and very steeply sloping parcel located alongside of,and draining, into the Santuit River. y 2. The hillside upon which house construction is proposed has a slope of approximately 48 percent. The haybale—silt fence line proposed at the work limit is found inadequate to handle slope erosion and sedimentation during the construction period. 3. The proposed 36.5 ft.-wide undisturbed buffer zone between the work limit line and the bank of the Santuit River is sianificanth,less than that anticipated (50 ft.)by the Regulation Governing, Activity in the 100 ft.Discretionary Zone. Indeed, in the Preface to the Regulation,a buffer zone width of Rreater than 50 ft.is anticipated in cases where steep slopes (>1 Nc)are encountered,so that impacts to down-slope resource areas may be avoided. 4. The Santuit River is a year-round-flowing,cold-water stream,which provides habitat for sea-run brook trout and its own native brook trout population. As such,it is a rarity on Cape Cod. 5. Sedimentation of the bordering wetland and stream as a result of the proposed construction is found to be more likely to occur than not, given the degree of slope disturbance,the inadequacy of proposed sedimentation controls,and the shortened width of the buffer zone. 6. The bordering wetlands,stream,and land under the stream are found significant to the interests of protection of wildlife habitat,protection of fisheries,storm drainage prevention,flood control, erosion.control and prevention of pollution. 7. Article 27 of the Town of Barnstable Ordinances(section 11)requires that an applicant shall have the burden of proving by a preponderance of credible evidence that the work proposed in the application will not have an unacceptable significant and cumulative effect upon the wetland values protected by this ordinance. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit. S. The Comrission finds that the burden of proof was not met in the present case. 9. Moreover, Article 27 of the Town of Barnstable Ordinances provides that the Commission is empowered to deny a permit for failure to avoid or prevent unacceptable significant or cumulative effects upon the wetlands values protected by this ordinance;where it is deemed that the denial is necessary to preserve environmental quality of resource areas;and where no conditions are adequate to protect those values. Decision: The project is denied under%1GL Ch 131 s'.0 in the interests of protection of fisheries. protection of wildlife habitat, storm damage prevention, good control and prevention of pollution. The project is denied under Article 27 of the w r To n of Barnstable Ordinances the fore_otng interests and in the interest of erosion control. t„F, Massachusetts Department of Environmental Protection �o °rs �o Bureau of Resource Protection - Wetlands DEP File Plumber; ayszAa� . WPA dorm 5 — Order of Conditions SE3-3918 9 D1ASS m Provided by DEp Eo,'9. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: see attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions##4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: On _ 0 f �.� ,s S c�Cxj Day Month and Year before me personally\ appeared to me known to be the person described In and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires This Order is issued to the applicant as follows: IX by hand delivery on .. ❑ by certified mail, return receipt requested, on LU 6 Vd �Lc c'c'C-.i_ Pace Of 7 :a`ormS.Ccc•rei.2,25;02 '`�—�—r Massachusetts Department of Environmental Protection DEP File Number: y` Bureau of Resource Protection - Wetlands ,n�>i� WPA Form 5 - order of Conditions SE3-3918 1639.' A��� Provided by DEP lf0fa� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpafom5.Ccc•rev.8i2V02 Pa;a 6 of 7 i • • 5 • • i • 20722 P:u 245- 4r-81 16 t o'2-1_'-8-2cob6 a e38 ® 32ca t„E Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands DEP File"Umber: � sTAB� = WPA Form 5 - Order of Conditions SE3-3918 v 1639 ��� Provided by DEP 4i'°Tfn Mo+a Chapter 237 of the Code of the Town of Barnstable ONLY A. General Information Important: When filling From: out forms on Barnstable the computer, Conservation Commission use only the tab key to This issuance if for (check one): move your cursor- do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions r� To: Applicant: Property Owner(if different from applicant): Kristin Pandit Same Name Name 256 Canton Avenue Mailing Address Mailing Address Milton MA 02186 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 144 Troutbrook Road Cotuit Street Address Citylrown 008 009 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 14211 118 County Book Page Certificate(if registered land) 3. Dates: January 24, 2002 February 10, 2004 Date Notice of Intent Filed Date Public Hearing Closed Date of I s ce 720 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan (2 sheets) by Peter Sullivan, P.E. 01/20/06 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan Name 6. Total Fee: $375.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.2/7/06 Page 1 of 7 t►+Er Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands B WPA Form 5 - Order of Conditions SE3-3918 v� 16J�9 ,0� Provided by DEP ArEo µp+a Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings 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 and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ® Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless 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. ❑ 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 as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.2R/06 Page 2 of 7 Y � „ ► Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: CAB WPA Form 5 - Order of Conditions SE3-3918 v 1639. `0� Provided by DEP �AtFO AAAy A Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings (cont.) 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. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry ryof De eds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number SE3-3918 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.2/7/06 Page 3 of 7 f f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: > RNSrABL = WPA Form 5 - Order of Conditions SE3-3918 >A. v i639, ,0� Provided by DEP Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,. the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: _Chapter 237 of the Code of the Town of Barnstable Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc•rev.2MO6 Page 4 of 7 { 1 SE3-3918 Approved Plan= January 20,2006 Revised Site Plan(2 sheets)by Peter Sullivan,P.E. Special Conditions of Approval I. Preface Caution: Failure to comply with all Conditions of this Order of Conditions can have serious consequences. The consequence may include issuance of a stop work order,fines,requirement to remove unpermitted structures,requirement to re-landscape to original condition,inability to obtain a certificate of compliance, and more. The General Conditions of this Order begin on page 2 and continue on pages 3 and 4. The Special Conditions are contained on pages 4.1,4.2,4.3.4.4,4.5 and 4.6.All conditions require your compliance. II. Prior to the start of work,the following conditions shall be satisfied: 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein,General Condition number 8(recording requirement)on page 3 shall be complied with. 2. It is the responsibility of the applicant,the owner and/or successor(s)and the project contractors to ensure that all conditions of this Order are complied with. The applicant shall provide copies of the Order of Conditions and approved plans(and any approved revisions thereof)to project contractors prior to the start of work. Barnstable Conservation Commission Forms A and B shall be completed and returned to the Commission prior to the start of work. 3. General Condition 9 on page 3 (sign requirement)shall be complied with. 4. The Conservation Commission shall receive written notice 1 week in advance of the start of work. 5. The work limit line shown on the approved plan shall be staked in the field by the project surveyor/engineer. 6. Staked strawbales shall be set along the approved work limit line. Effective sediment controls shall remain until the site is stabilized with vegetation. 7. A sequence of color photographs showing the undisturbed buffer zone shall be submitted to the Conservation Commission. Note:the strawbales must show in the foreground (or bottom of)the photographs. 4.1 8. Applicant shall execute and record a Conservation Restriction,the form of which shall be approved by the Office of the Town Attorney,restricting applicant's use of so much of the premises between the 18-foot contour(based on NGVD)and Santuit River,but reserving to the applicant the right to use the existing footpath as access to Santuit River. 9. Applicant shall deposit with the Town of Barnstable the sum of$75,000.00,(hereinafter"escrow fund"), which amount will be held in an interest-bearing account until a Certificate of Compliance is issued for the project. Said escrow fund shall be applied to restore any area of the premises outside the work limit that is disturbed,without authorization,during construction and not restored by the applicant. The balance of the escrow fund and any accrued interest shall be returned to the applicant upon issuance of the Certificate of Compliance. 10. Before breaking ground,the applicant shall arrange a meeting with his contractors,engineer and the conservation agent to discuss the Order of Conditions.No work shall ensue until the meting has taken place. III. The following additional conditions shall govern the project once work begins. Note especially special condition no. 17, requiring verification of the locations of the foundation and work limit line. 11. General conditions No. 12 and No. 13 (changes in plan)on page 3 shall be complied with. 12. General condition No. 17(maintaining sediment controls)on page 4 shall be complied with. 13. The work limit shown on the approved plan shall be strictly observed. 14. There shall be no disturbance of the site, including cutting of vegetation, beyond the work limit, except as set forth in special condition No.27. This restriction shall continue over time. 15. The Conservation Commission, its employees,and its agents shall have a right of entry to inspect for compliance with the provisions of this Order of Conditions. 16. This permit is valid for 3 years from the date of issuance,unless extended by the Commission at the request of the applicant. Caution:a future Amended Order does not change the expiration date. 17. Upon completion of the foundation,the project surveyor or engineer shall verify in writing or by plan to the Commission any discrepancies with the approved foundation and work limit line location. If verification is in the form of an as-built plan,the plan provided shall be drawn at the same scale as the approved plan. 18. Any fill used for this project shall be clean fill. Fill shall contain no trash,refuse,rubbish,or debris. 19. No CCA-treated materials shall be used for the deck.No creosote-treated material shall be used period. Page 4.2 20. During construction,no area shall be left unvegetated or unmulched for more than 30 days.All areas disturbed during construction shall be revegetated immediately following completion of work at the site. Mulching shall not serve as a substitute for the requirement to revegetate disturbed areas at the conclusion of work. 21. Herbicide,pesticide and fertilizer use is discouraged on lawns within Conservation Commission jurisdiction. If fertilizer is used,only slow-release low-nitrogen fertilizer(with 30-50%water insoluble nitrogen or`W.I.N') shall be applied. Over-fertilizing shall be avoided(not-to-exceed limit= 1 pound of nitrogen per 1,000 sq. ft, of lawn per application). Ensure that no fertilizer is spread on hard surfaces like s driveways and si dewalks. dewalks. 22. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this project. IV. Further Special Conditions as applied to specific project components A. Septic System: 23. The septic system shall be a re-circulating sand system and shall be located between the street and the dwelling as shown on the site plan. B. Foundation: 24. A portion of the cellar located at northeast corner of the dwelling shall be eliminated as shown on the site plan,and this portion of the dwelling shall be constructed on a slab. C. Erosion Control: 25. The work limit as shown on the site plan shall be staked in the field by the project engineer/surveyor. The work limit shall be delineated with a permanent barrier,ENDURANCE CSP Composite Sheet Piling,or equivalent. Approximately 130 feet of permanent barrier shall be installed such that the top is at least three (3)feet above grade,with the southerly 80 linear feet to remain in place after completion of the project. The remaining portion of the barrier shall be removed upon completion of construction. This barrier shall be installed prior to further work at the site.Installation of the barrier will be done in two steps. Step 1 shall consist of setting and staking a hay bay line along the work limit by hand. Step 2 shall consist of setting the permanent barrier with the aid of a small mechanical backhoe.The backhoe shall cut a 1-foot trench approximately three feet deep to set the permanent barrier;once the barrier is set in the trench it will be backfilled and compacted. Page 4.3 26. A row of double-staked hay bales shall be placed westerly of the permanent barrier and shall be maintained during construction. 27. No vegetation outside the work limit shall be removed;provided,however,that limb(s) of trees within the buffer zone that are within the footprint of the structure may be removed. 28. Retaining walls along the southerly and easterly(Troutbrook Road)property lines shall be concrete and may have stone set on the exposed face for aesthetic purposes. 29. The concrete retaining wall establishing the westerly limit of the driveway as shown on the site plan shall contain a 6-inch reveal. A guardrail shall run along the top of retaining wall for approximately thirty-two (32)feet,as shown on the site plan. A handrail shall run along the top of the retaining wall from the garage to the southerly end of the guardrail. 30. During construction and prior to issuance of a Certificate of Compliance,the permanent barrier shall be inspected once per week and after every rainfall of/2"or greater during a 24-hour period. Results of the inspections shall be reported to the Conservation Commission via e-mail by the project engineer. 31. The Carver soils present at the site shall be enhanced with approximately 6 inches of 10%organic loam. 32. All disturbed areas shall be re-vegetated with grass,bayberry and blueberry. To facilitate re-growth and to minimize erosion potential,jute netting and hay shall be used as needed on the face of the slope. D. Run Off: 33. All roof runoff is to be collected and directed to drywells,approximately as shown on the site plan. Driveway run off is to be captured in a solid catch basin and directed into a leach pit. E. Driveway: 34. The driveway shall be loose stone from the catch basin to the garage and shall be paved from the catch basin to the street. F. Miscellaneous: 35. No excavated material shall be stored on-site. All excavated material shall be removed from the site. 36. All heavy construction vehicles shall be unloaded at the street. 37. All deliveries to the premises shall be directed to the front door.A sign measuring approximately 8"xl2" shall be placed on a post at the driveway entrance stating"Delivery vehicles keep to street'. 38. The premises shall be heated by gas or electricity. V. Work Sequence with outlined tasks and additional conditions and allowances: Task 1. Set Work Limit,Install Barrier: The work limit line shall be staked in the field by the project engineer/surveyor. The work limit shall be delineated with hay bales and a permanent barrier. See the Special Conditions IV.C.above outlining the specifications for the barrier. Page 4.4 } Task 2. Clear Existing Vegetation: The existing vegetation within the project footprint shall be removed only as necessary. No vegetation outside the work limit shall be removed. However,any limb within the buffer zone that overhangs the footprint of the house(or deck after consultation with Conservation staff)may be removed. All cleared vegetation shall be disposed of off site at a suitable location. Disturbed areas shall be covered with jute netting and hay to minimize potential erosion. Task 3. Excavation(Overlaps with Set Foundation): Excavation to be performed from south side to north side of the lot and progressing from west to east(up slope)as the foundation is set. Access to work area shall be along the proposed driveway. Excavated material is to be placed directly into a truck and to be disposed of off site. Task 4. Set Foundation: The foundation is to be staked and pinned by the project surveyor/engineer. A certified plot plan shall be submitted to the Commission prior to start of construction of the superstructure. Concrete trucks will only be allowed on the street.The construction site shall be kept clean through the entire project.Any windblown debris beyond the work limit line shall be removed at the end of the workday. Task 5. Construct Retaining Walls&Regrade: Sheeting shall be set along the southerly street line and along the southerly property line for construction purposes. The sheeting will be used to maintain the stability of the adjacent property. Sheeting material shall be either timber or fiberglass/vinyl.The retaining walls shall be constructed of concrete but may have stone set on the exposed face for aesthetic purposes. Task 6. Install Drainage Structures: Task 7. Install Septic System: Task 8. Pave Driveway: Task 9. ReVegetate: Page 4.5 S . VI. After all work is completed,the following condition shall be promptly met: 39. At the completion of work,or by the expiration of this Order,the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Barnstable Conservation Commission Form C shall be completed and returned with the request for a Certificate of Compliance. Where a project has been completed in accordance with plans stamped by a registered professional engineer,architect, landscape architect or land surveyor,a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any,exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance.At the time of the request for a Certificate of Compliance,an updated sequence of color hotographs of the undisturbed buffer zone shall be also submitted. Page 4.6 �n+e rqr Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands fURNSTAB WPA Form 5 - Order of Conditions SE3-3918 v i63� � Provided by DEP �AlfD MAC s Chapter 237 of the Code of the Town of Barnstable ONLY B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: On Of (o Day Month and Year before�me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires This Order is issued to the applicant as follows: © by hand delivery on ❑ by certified mail, return receipt requested,on Date �, �� �Gbc��,, G>•.ta.'�v� Date Wpaform5.doc•rev.2/7/06 v Page 5 of 7 THE r Massachusetts Department of Environmental Protection of DEP File Number: Bureau of Resource Protection - Wetlands ��szAB = WPA Form 5 - Order of Conditions SE3-3918 v mass. � Provided by DEP A Eon+ Chapter 237 of the Code of the Town of Barnstable ONLY C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpaform5.doc•rev.2/7/06 Page 6 of 7 �1HE Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fide Number: �rAB = WPA Form 5 - Order of Conditions SE3-3918 v 1639.A Provided by DEP ��FO AMA Chapter 237 of the Code of the Town of Barnstable ONLY D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Barnstable Conservation Commission Please be advised that the Order of Conditions for the Project at: 144 Troutbrook Road, Cotuit SE3-3918 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.2R/06 Page 7 o1 7 is --------------- t9 i SMOKE DETECTORS REVIEWED- -- -- BARNSTABLE BUILDING.DEPT DkT_E P':1trt FIRE DEPARTMENT DATE - i —( --- — -- t-� 1—� BOTH SIGNATURES ARE REQUIRED FOR PERMi1TINQ JL CARBON MONOXIDE ALARMS ° 1 loll I i MUST BE INSTALLED PER CJ( ao MASSACHUSETTS BUILDING CODE FRONT ELEVATION �I 11 Ili Iry SCALES 1/4" - 1'-0' lI� 71 1- fi Q o Ld rZ j SHEET I OF b \" �a I J�_ BEAR ELEVATION toe: C701 i SCALE: 114' 1'_0" DDRAWN 5YiI/11/07 ]L -.li`.L • �:'? ugh rr o IID_01_IQ11111�8161�C11111�. V - LEFT ELEVATION SCALE: 1/4' I'_Oa LX 12 r I I I. H . O N z Z O_ u CLLU �- z IllllllllllllllllllllllllLll a gIGNT ELEVATION QI SCALE: 1/4' • V—O' SFIEET 2 OF b I — I U JOB: . 0701 DRAWN BY: KW DATE: I/11/07 4 'r I N - A • -� � •. 1 I C tl(�j Fr P - 0 ..... .., .FV-4"[I CR236 .... fw4 ICRO: o 2446 MASTER Dw BEDROOrIl 2444 ' 74KITCHEN Iptj��i� 2446 rr++ r _0. 26 I 2Q 24" . ' b :._......._..,..... STEEL BEAM ABOVE FLUSH ao 0 :o -- ----- -—- a 6'-II I/2' —-—-—- io n m GREAT ROOI`? S, v 2d 0 t� t 244i - [El 2 A Z MASTER Q m Q 24 BATH 2� ivl 2tg6 U IL - -2 2p I 0w Z Z -0 3'-6' 4'-0' 3'-8 '-1 V2' a_ J r i v FOYER 30 v — 0- U2 V 2416 t 24" 2446 IMASONRY t STEP lo'-s' 5'-31 t�:•�. �:_�. lo'_a T_61 SWEET, 3 OF 6 FIRST FLOOR PLAN Nor>, WINDOW DESIGNATIONS ARE �. �_-���--- •� SCALE: 114' V-O' ANDEPSEN WINDOWS. COHTRACrOR S•lAL L VMrr LOCATIONS f DLMENSKIIS PRLOR TO WINDOW ORDER t INSTAL LATIGl1 _LOB: 0701 ' t DRAWN BY: KW DATE: _ 1/11/07 �1 -Z L 500-01 12'-11' T-I' I.- 7-O' 8' T _"....FY•Y GlxB m 2"2 24Q FWG;000B 21' - - - 2 - = BATHI (YL ll. 11 ilk 2� 2� 4 2� ��` :. _ U 15'-0• 2'-4' 8'-O• 8'-O• 2'_4• 211 DN BEDROOM r LOFT BEDROOM -O• 9'-4' K'=d�1 2412 ��- .. O 2442 �° t7 ME C°y t .w _ -. - _ r - ........... .... _. LU o Z Z — a Q tn. A V so'-o• SWEET 4 OF & 5EGOND FLOOR N PLA SCALE: 1/4' 1'-0' -JOB: 0701 DRAWN BY- KNl DATE. 1/11/07 /- --__----J -_--- -- J'-------- -------1 ---------- ---- 1 ---------J 2-2xB RIM JOIST ^ ------- ------- I - ` .__ _ I 4x4 P.T. PC5T GALV. METAL ?CST`ANCNC2 . 1 12' ''SCNO TU3-' PIER TYP. I tj 1 - i FWG 60.5 2442 ! 2442 .. _ - i 9 i .. 12-4 j -1t1 i r� LITER/ --—'\ DRGP MALL TO SLAB 'I I.' - -FROST WALL.BELCH 2xG STUD WALL WALK-OUT BASEMENT ` '�:'_� GARAGE i o1 3 1/2" CONCRETE SLAG - - . .� !! 6 i G MIL VAPOR BARRIER -42 CONCRETE CUR$ - a ! I - i IN SLAB G�_2 G.-2°_._- 6--2' ---- - _--- -- i---------•! --/.--'--:!— - - / - / -- - - — _ _"L i_ DRC? WALL TO SLAB , i I Bn 1— i, an J I FROST WALL NI BELCH PKT , I, %�•.'.I i';`, . �. - � � PKT - nl 3-2x12 GIRDER - /- -1-0_ 3 1/2' DIA. STEEL COLUMN ! - ��- 30"x30'x12' CCNCRETE PAD � I I 5/5" FIRE RATED GYP aD /i —\ WALLS AND CEILING V - =_T:CASE FLCCR GIRT l ' .� i 2 10" i p ---G� 1 CGNCRETE CURB IN SLAB • iI J _ � Z STORAGE CG�ICRETc . 8"xT-9' CCNCRETE 3�:I;. Cal GRAD W/ .. V. (L _ 1 10°xIG" CONTINUOUS FGG'i lNG VAPOR aARR1ER' -• tU I FIRE fi- FROM EDGE CF \/ SO'-O' SEPTIC LEACHING AREA SWEET•S OF G - - . -_1 I _ QNDA i ION LAN _caLt /a° - ca: 0701. LRAtdN BY: KH 7ATE:• /25/07 RIDGE VENT 0 _- R30 P.G. INSUL. TYP RLYJF 10 tI 2 b*f IL O.C. 1 1 4i - •� p pp 2x10'.• u' O.C. -R50 F.G. IH5UL-/ O• Ix3 STRAPPING-1 6J5' PLY14000 SHEATHING/ 0• 1/2' GYP. BOARD O A3PFIALT SHINGLES \'. \• SECOND FLOOR \ \'' ➢o . \ � De',2x4 EXT. STUDS• K' O.G. 'HURRICANE CLIP" . FASTENERS AT ALL ' RAFTER/ 70P PLATE NAILED 4 GLUE TKO JOI�'ST \ O 2ri'. SISTERED TO 2c10'. BOTH AT t2' O.C. RAFlrZ Ot1S TTP. �` __-- "I PLY SWFATHING/ V2' ROOFING UNDERlAYMENT JUNCrITYP. EAVES 2cW 0 0 K' O.G. R RUBBER H� DR / FLOATING DECKING 3'—O' e' RAILING btS FASCIA /b(4 SECIOND MEMBER �I' CONTINUOUS VENTING SOFFIT bS STRAPPING V S.-W 2c4 EXT. STUDS 1 K' O.G. ( O bce FRIEZE BD. W/BED MOULDING 1/2' GYP. BOARD R13 F.G. INSUL {4R 1/2' PLYWOOD SHEATHING —. t4R TrjX WRAP RED CEDAR CLAPBOARDS 4' T.H. FIRST FLOOR i o (FRONT ELEVATIoN ONLY) 0 7 W.G. SHINGLES S' T.W. SIDES 4 REAR . - 4'-0. 3/4' T$G OEB W5R.00R I I I m . .NAILED• GLUED TO JOIST 1.1 t t Rlq 2cIC.0 14' O.C. Fug I t� I PT 2xe•1 K O.C, . . S-242 -y Ill I�IIfI r MR .WALK-OUT _ 'ti II b'T BASEMENT - 2xi EXT. STUDS 1,K' o.C. tiI r >; 13'-0� P.T. SILL AMCWORED 4'-C' O.G. •, e'[7'-q' CONCRETE s t/2' COMCOtETE SLAB DAMP PROOF SELCW GRADE I 6 MIL VAPOR BARRIER uq 4x4 P.T. POST V xl6' CONTINUOUS FOOTING 12' '•w METAL ko T POST AW 10' u5v PIER Trio. Q 0./ n 1 I I u11f'I I I ems'-qV CONCRETE FROST WALL W Q- V J=- 110'xIi' CaNT1N0009 FOOTING� � - p Z 26.0•.. p I a pC .. fY SECT I ON "A" SCALE 1/4" p_0° ' '•. - SHEET 6 OF 6 JOB: 0701 DRAWN BY: KW I/11/07 DETECTORS EVIEWED /Y BARNSTABLE BUILDING DEPT. ATE 44 if - - - � FIRE DEPARTMENT DATE - __ BOTH SIGNATURES ARE REQUIRED FOR PERMITTING IT I<w rJC CARBON MONOXIDE ALARMS o � !i MUST BE INSTALLED PER �''. 61l➢ MASSACHUSETTS BUILDING CODE FRONT ELEVATION (( \ Cv SCALE- 1/4" V-O' 1\, Il 11Q�� ff�L➢ E:P -- _ z o 0z > N J } t • V wi i I SI IEE r I OFFED G 1 ITD �- .REAR ELEVATION I JOB: mot Pt SCALE: 1/4' - V-O' II DRAWN BYm KW DATE. 1/% I + T c.'i IC_ lC'r` 1C • t,ltQ t�� n 12 �l IIJI� LEFT ELEVATION SCALE: 1/4' I'-O' 12 - r p N O u OL �. RIGHT ELEVATION ( QQ ff QI T SCALE- 1%4' - V-O' SHEET 2 OF 6 _ � �- -�[► . .CID-_O D__�j �,. _ I I I u Joe C701 DRAWN BY, 1/11/07 KW DATE: i < m. 10, --- DECK _ o LOL�I FwG 6WI b ICR0i ll ° a o m 24" BMASTER EDROOM 1SITCNEN 1 244c p�pj� I10� *� I R 24K l� 24 I 22446 .. ---STEEL BEMs ABOVE FW5" m o �. 2-4 GREAT ROOT? m � p 2446 2A I UI!!I I Il °o -Z= 6 A 24 o m Z MASTER 244c BATH 21 n 2444 U Q- 2 m LLJ UP 24 I O Z Z m 3'- ' -O 3'-6' 4'-O• ' 3'-2 2'r_ 24-1 1/2' o - FOYER 39 - v 02 02 2446 �- � I - 244i 244c if I j Id-o' 7'=c• SHEET 3 OF 6 FIRST FLOOR PLAN � DES40"TIONS ARE SCALE: 1/4' 1'-O■ ANDERSEN JAUNDOWS. CONTRACTOR S ALL VM" LOCATIONS t DIMtN6Io►LS PRIOR TO NUND0W ORDER t IN6T.U_LA" ION _lOg: 0701 DRAWN BY, KW DATE: 1/11/07 E mil; a, h_. . NZ T q UI p --' FWG boca 2442 2442- FWG OI 2fL DD 2& BATH 0 2� 21 S r 2� ::. I 4 A $ 2 BEDROOf 1 r DN G O LOFT BEDROOM - _ « )) b 2442 1 C \ 2442 0 o _ o �, - - - -- - OL -_ Q - -. � z z SHEET 4 OF 6 SECOND FLOOR PLAN SCALE: 1/4' 1'-O' JOB: 0701 . DRAWN BY: KW DATE, 1/11/07 5'-O" TYP - - - /- J- --------- --- ---------- ----'11 ---- �-t'-ti--- ----J^ ------- \ ,p---------- `U_� i`TT�--------i>]� ----- ��+-- --- -�` ------ �G - `L',-�---------`p� .- - - 1 - -,2-2xB-RIM JOIST i _ - •, _ 4x4 P.T. P05T t GALV. METAL POST ANCHOR .I - 12' "SCNO TUBE' PIER TYP. I f r'WG 6058 - {2442- 2442 t - ---- -- - - I DRG? N1ALL - ... - - rrtt\\ _'—_------------ c 1 • .. t� FR05T WALL BELOW ! 2xG STUD WALL - _ WALK-OUT BASEMENT 1 ! = 0 1 - �l`J G-AR. AGE ; - -- 3 1/2" GCNCRETE SLAB • �- -. G MIL VAPOR BARRIER IN,SLAB G_o^ .'�. C t ;-i-.. DROP WALL_TO -�� �- I I I FROST WALL..BELOW- - BM �i.�, .'/. { i :I ! --.,•1 j: `.. I.; aM 2xG STUD.YIALL PKT �:a___}, ;1__'—}- '{--- ?�1 _ {- _ 1 - Z-3-2x12-GIRDER 3 1/21' DIA. STEEL COLUMN f -5/B" FIRE RATED GYP BDO" xl2 ?AD n x30' " CGNGRETc E . WALLS AND CEILING / ENCASE FLOOR GIRT a _ . --- CURB - ... UP - i{ I SLAB. N 4" CGNCRETE C - I j LEF',I" N cS I OI - CGDACEIL10"x1G" CONTINUOUSFOOTINGVAPG- -x I I i � /------------- ---- -% : \..20' FROM EDGE cF V So'-0^ ! SEPTIC LEACHING AREA - SHEET 5 OF G ��- FOUNDATION PLAN 1 , SCALE: 114" = I'—O" _._. DRAI•1N BY 'a-I DATE: I/25/07 \\\\ � •• as `� - RJDGE VENT tZ v \ \ 12 o•� R30 F.G. INSUL... It I 2 b•0 1 i'O.G. 2xW'a 0 K' O.G. Rso F.G. IN9UlJ 6' hCi STRAPPING 6/D' PLTwooD 511FATFIING/ 0• 1/2• ASFHALT SHINGLES \ \� SECOND FLOOR \ ee• z:4 exT. sruDs 0 u• O.C. .HURRICANE CLIP' 'lJl, o - -• - _9 -�.. FASTENERS AT ALL - 3/4' TIG OSB SUBFLOOR--7 \ i - RAFTER/TOP PLATS NAILED 1 GwED TO JOIST 26'1 SISTERID TO 3x10'1 BOTH AT IV O.G. JUNGTICf14 TYP. \ GA- PLY SWFATHING/ V2' ROOFING UNDERLAYHENf 7YP- FJ.VP.S 2xIC�0 K RAILING• O.C. RLIEOER MEMBRANE / FLOATING DECKING 3' _ I�• Q._ 9 bte FASCIA /bc4 SECOND MEMBER --� ,�• ul( CONTINUOUS VENTING SOFFIT b6 STRAPPING 1 5 F.G.2t4 E)ff. 9TVD9 K' O.C. (( pAo beb FRIEZI<DD. N/,BM MOULDING 1/2• GYP. 50 RD R13 . INSUL 1\. �1 �' ���� 1/2' PLYWM0 SHF.ATHING 14R TYVGC WRAP 10'r R.FD CEDAR CLAP50ARDS 4' T.H. FIRST FLOOR 7 0 1`t C ELEVATI SON ONLY) NLY DES 1 REAR - - 3/4 TIG OW SUBFLDOR 7 - -ti41lFD• GLUED TO J019T I.r t t R1 I 2x10's• 14' O.C. R]9 I�p t� pT 2xD1 r/ K O.C. 5-242 GIRT - I�IIII ! TAR WALK-CUT 10'TBA5EMEN6 2dr DCT. STUDS 0 10 O.C. . Tw FOUN , ION KAI L 13'-0' P.T. SILL ANCb10RFD 4'-W O.G. .. 0 XT-9 CONCRETE 4x4 P.T. POST ~ -J • • 4 1/2' C.ONGRETE SLAB _ DAMP PROOF DELOW GRADE i MIL VAPOR BARRIER Rlq GALV. METAL PC9T ANCHOR Q Q W xli' CONTINUOUS FOOTING @' 'SONO TUBE' PIER TTP. z (Y e'SB'-9' CONCRETE FROST WA" W u ' a +I ICI I I IO'xIG' CONTINUOUS FOO TING Z i� at Q_F�TION SCALE: 1/4' I'-0' ., 4 - 5I4EET b OF b I - JOB: 0701 DRAWN BY: KH DATE: 1/II/07 SMO.KE�DETECTORS ,REVIEWED - BARNSTABLE BUILDING DEPT. . ATE > -i - ------- -- >—� >—� FIRE DEPARTMENT DATE Yl I I! 8,11"i BATH SIGNATURES ARE REQUIRED FOR PERAfITTING ���IIIWWWIII III iYl �fi i as ( CARBON MONOXIDE ALARMSMUST BE INSTALLED PER a MASSACHUSETTS BUILDING CODEJL- FRONT ELEVATION \J� SCALE, V4" I'-O' 11• l ILA r FM FM FM -: �C�IFI��I[���I� irl, I��II��I �IPIP►l��I��� �7- 0.. ? > a_ u, �. LLI i V- I SWEET 1 OF & I r i i Cll REAR ELEVATION JOB mol SCALE: 1/4' 1t-O' DRAWN BY, KW DATE, I/11/O7 �'k lli • �'. Y% ti LILT l Q 6 Il LEFT ELEVATION SCALE: 1/4• V-O• !7 v- LZ 12p f F- U N Z Z Q O W - - a - Q > d I 'u --- - N LU f II II tY RIGHT ELEVATION SCALE 1/4 1 O -_= .SHEET 2 OF b �MD -f > , I I I I I IJOB: 0701 DRAWN BY: A DATE: 1/11/07 _ A .I. — p - T. ._IL �F�K \ �� t-LLJ_1 ... . .. _-.- ... - .._-._. .._... ._._ _ Ul FlP4"itcrizis FWG"I _.F144:6oth _ o o L m _ MASTER Dw o Q-)) 24K ; I� .�I BEDROOM' I Q d_ u �(U I/I( Itl<p 2444 ' KITCHEN ^^ � � IULiI 24" 7C I. I 2 ,z 24�b !I flill Mil I b V t•.... _- --- - STEEL BEM7 ABOVE FLUS" 1 T-0 1/2' io Q 2-4 c � ;- GREAT RQm y • 74 Q 2>4 0 Z MASTER Q m Q 244b .' BATH 21. iv - - -246G � U (L . o w ' D O_ z 3'-6 4'-O' 3'-8' 3'-2 2'�- 25'-1 V2' o (L �. J FCrrER N 39 _. 02 C12 2416 24" 24" �. IMASONRY STEP 1'-10' IW-s• 5'-3• (T-6' 7'-6' lo'-o' 7'-6• - SHEET 3 OF 6 . sa-o' FIRST FLOOR-PLAN NOTT,KNDOw vESlcNnnoNs ARE _ SCALE: 1/4'. I'-D' ANDERSEN WINDOWS. CONTRACTOR SHALL VERIFY LOCATIONS t DMEN51"PRIoR TO WINDCW ORDER t INSTALLATION ,JOB: DRAWN BY: KYJ ---------------- DATE: I/I I/07 \e ^tJ !1-1� t Ile A- IL_ "l C N -- - FWG 4068 Z442 2442 FHG.60" „. DD _ _� G1leti ►�i a BATH 211 ZF 2A 2� 7_4pv8 ILI(b 15_8r r 2'_4r Zf DN Z� BEDROOM S r LOFT BEDROOM p 2442, u 2442 0 o Z w a• (L • (Y V sd-or E44EET 4 OF b SECOND 00 E D FLOOR PLAN SCALE: 1/4' I1-0l JOB: t 701 DRAWN BY. KW DATE. I/11/07 5'-01 TYP - - - _--------- _-____-_-L^ J-a--___-_--(� _-----_- _�.-_-_--___t -----------If -_-______L l�j 1uj' ,U�'-___--_- -------_ \Ll� \Cj�-___-_ \_� -2-2r,8 RIM _101ST 1 ' I 4x4 ?.T. POST t - - • GALV. METAL POST ANCI.IC.. I 12' 'SGNO TUBE' PIER TY?. : T-i,e 1O'_g^ 11'-:1' .. ., III-A" •.n'-IO' F FWG GO B 124<2 _ - - 2442 I - t2 � 1 , _DROP MALL TO SlJ>,H I ( ' ' _ �........... -I'_.....:... FRCST WALL BELOW (�'` , 2xG STUD WALL _ _ WALK-OUT m' - BASEMENT I ' ! 1 - I 3 I/2" CONCRETE SLAB G MIL VAPOR BARRIER - - --e' GCNCRET-e CURB 5'-1t" W SLAB G'_2^ .:G 2 G'-2" . .. .. - ,<.—' /-- i-------'--•! —�----'/--'•---------! -/---_ _----'---/ __ -- — —�- DRGP WALL-TO SLAB I77.y�1 r �:. ..J .1 FROST WALL BELCW of BM F i ..1 I BM' 2xG 5,lJD WALL `3-2x12 GIRDER- cl I r I ' 3 1/2' DIA. STEEL COLUMN 3C"x3o'x12' CCNCRETE PAD 5/8' FIRE RATED GYP BD I WALLS AND CEILING U - ' ENCASE FLCCR GIRT I 2'-10"• i i c I CONCRETE CURB U� I: 1N SLAB • i. z STORAGE ccNceeI sL< Q —8°xT-9° CONCRETE S O C`l G2AD W/ CL IO"xIG" CONTINUOUS FOOTING. FIRS ?AT ..VAPOR BARRIER vil-777777777 - O oz, i y * --------- ----:! FROM EDGE cF cw 0. SEPTIC LEACHING AREA SWEET S OF G OU�lDATION FLAN A SCALE: 1/4"• = V-O" JOB:: 0701 . DRAvili BY: .l'F•I FDA.E: I/_5/07 RIDGE VFxr n \ \ as 2F \ \ k•o \ \ < R30 F.G. INWL. — TYP ROOF •>' 111 11 2x0.1 ib O.G. 2xla.• K' D.C. \ \ A A R Rso F.G. IN9ULJ 6' hf3 STRAPPING \ 6/D' PLYWOOD SHEATHING/ �0• In' GYP. BOARD ABPVFALT SHINGLES \• 11 SECOND FLOOR \\\r g 8W 2c4 EXT. STVDs• K' o.c. 'HURRICANE CLIP' FASTENERS AT ALL 3/4' T$G OS8 SUBFLO R--� -- - - RAF NAI TER/ TOP PLATS �� LED 4 GWED TO JOIST - to 2cb'. SISTERED TO 200'. BOTH AT t2' O.G. .l1NGfIONS TIP. /_.__- SA* PLY SWEAT411NG / in' ROOFING UNDERLAYTtETfT 1 2x10'. K' O.C. , - - RUBBER MEMBRANE/-FLOATING DECKING «.!!� D' RAILING Il\� 4�,{1' 66 US FASCIA / bc4 SECOND 1"1O CER CO►ITIM.OUS VENTING SOFFIT b8 STRAPPING 92 5/d 2c4 FJCT. STUDS 1 K' O.C. bcb FRIEZE BD 1/2 . W/BED MOULDING 1/2' GYP. BOARD F.G. WOOL n• PLYWOOD SHEATHItJG t4R a`T RED CEDAR CLAP5AARD6 4' T1V. n rt (Q FIRST FLOOR - o (RfLONT ELEVATION ONLY) K.G. SHINGLES 6' T.W. SIDES 4 REAR za 9/4' TVQ OEa SUBFLOOR"LED• GLUED TO JOIST - I I RI9 2xla.0 16' O.C. .p Rt9 PT 2.V- - - 5-202 GIRT - ' IIli�lll����I r 13R WALK-OUT 10'T - '. 6A$EMENT 6 _ -2xb EXT. STUDS• Ib' O.C. TYP FOUNDA-nCCN WALL >:' 13'-0' - P.T. SILL ANCHORED W-O' O.G. . i blx7'-Al CONCRETE - S t/Y CGNGRETE SLAB ---777 4x4 P.T. POST - J DAMP PROOF BELOW GRADE b MIL VAPOR BARMIER M9 GALV. METAL POST ANCHOR . Q WXK• CONTINUOUS FOOTING 12' 'SONO TUBE' PIER TYP. z Q- _ - pS8'-9• CONCRETE FROST WALL U —� t0°xib' CL-*MNUOUS FOOTING Z D LLi SErTION "All SCALE: 1/4' I'_0° SWEET b OF b 'JOB. 0701 DRAhI1J BY: KH DATE: 1/I I/t77 •' u R._ ova 50 , . Directions to Site: From Hyannis-Take.Route-28 towards Cotuit; Take a left onto Main Street in vl O• a� 96 � i. Cotuit; Take a right onto Troutbrook Road; -Lot is on the right after the power lines, #144. o NOTES DESIGN DATA 1. Water Supply For This Lot is Municipal Water. Single Family-3 Bedroom ZII / oo ° •0¢$ No Garbage Grinder r 2.Location of Utilities Shown on This Plan Are Approx. Daily Flow 110 x3 =330 gpd �, 0 s` At Least 72 Hours Prior to Any Excavation For this Septic Tank:330 gpd x 200%=66Ogpd Q Ao Ing n Project The Contractor Shall Make The Required Use a 1500 Galion Septic Tank. rt ' o o°� - Not{ficationto016 SAFE-1-888-344-79233 LEACHING AREA j•O • •'••3 •wD' 1 3.The Contractor is Required to Secure Appropriate a o Cp; Cl/$` , Lot ft \ % IN Permits From Town Agencies For Construction 330 gpd/0.74=4J6 s.f.Required o s+ _-� 40 0625 Sidewoiir 2(7 + )i i Defined by This Pion. 38�2=180 s.f. �$- I i •� Bottom Area, 7 x 38 =226 s.f. ed a L See N �pertt 1 \ 4.Instal as Required to Within 12 of Finished 446 sL Total Provided. rii-t'' as a• • 4- Af'S J' arY 'p / LEACHING CHAMBER DESIGN Ro •w>: a G = M t,, tP f / 5 A11 Structures Buried Four F et(4)or More or o +. 8 ,,hard A 2gT .� Qsa A'0110 / w Subject to Vehicular lobeH- 0 Loading. All Pipes to be Schedule 40 PVC.Use 4 - r s •r _, Ate•, (t(ch 2936/ ay ` \ / k -500 Gallon Leaching Chambers in q 119 \ \ \ S \ j \ 6.Septic System to be Installed in Accordance With ;, _ 310 CMR 15.00 Latest Revision And The Town of 7 x 38 Washed Stone Field as Shown. \ \ \ / i Barnstable Board of Health Regulations. a a �7. All Piping robe Sch.40 PVC. At Variances Regwred L O C C� 10/? M C!D !13 \ \ \ •"� \ ' \ ' �%' Town of Barnstable Part VM:On Site Disposal Regulations 1"=2000't �� Section 1.00.The 100--Foot Regulation: Setback provided is 84'to 92'to the primary and 90'to 98'to ASSESSORS REF.: REFEI'ENCES: •, % , c:=� } the expansion and 82 to the septic tank. Deed Book 43451254 Mop 008, Parcel 009 ' Plan Book 26814 \ � ��� To �tM� `� � •:,� �ti• 3IOCMR15.211(1):Minimum Setback Distances from property line OVERLAY DISTRICT: \. \ \ e' \ CIO ,z� 0 - 10 feet required,3 feet provided to the expansion. ZONE. As Sh wnujonr PlanProtection Entitledistr)ct �,• A11) 1 , N, RF Revised Groundwater Protection ,I- J - _ , „ ,� .\ \ �aq N •' p o /� Setbacks. Overlay Districts - Aprlf, 1993 v At '�� \` �' \ \ ✓ Front 30, \ d, .r 1. Side 15' hear 15' FLOOD ZONE: 01 • l r ' @(.: �. \ ♦J �'" ...'• �^ ''rrr Zone C & All(Ei=11) �r (+ \ •` r t CommunityPanel No. N t�00d� StS Q /` r i T:H t EL. Z3.t) �r01f � ..� 'Q � �.\ >a'Q\ �\. t• \ :.. r •: t •.• �• . e ,4250001 00210 �- & Bu/kh d Q3 � ' r�Irr Lot. '\ �'Q , `a SL�,p ri PARTLy DE.COMPOS{{,A July Z 1992 CL LOAMY O Al \ ' QO . . , \ \` �' r' I SI L7 SAn1S� M1 GRO,�IhI1SIVXiTt`ij?,:/ DNS�"M,ISN't" _ \ \ ..•��q .-�+, r : `\ ' G�`� i ( \ �Zt • t0 yR s/y•• - rsouroowaeR.0 3 r :1 1. '=.es:t-.t 1.-7 7; O SAND Ir{p -w 4L)tim-l.t 615W 2S3 zota'e 6 . \ \ J e\ � l @tL �4� w \ \ q�\yfi� \ �,p. ;, \ ' \ �9 •.. \ .t C 2.5Y G/G ADsuSTMENTs •r.2' -Not!• 2.001 C 9 y\ @ fi+4 \ L � @A�( ` ♦ \ 136. A.DCIUSTLA GToctNOIVAC.ER G:L. 18.9 \ •-V-- O\ '��•. i �. ` :\ !,FPr ,�\;.. ` GRpuNt3 WATER 135 , •i x �°t'� Lot 27 0 �° Y--��. \ \.%� e1 . \_ «a :T•N.,-Z 2$.0 FCI�GOLA'TI.ON t•aST ��� o�o.`�a\� '� '��oq tzTt.. oecon4 as>:o � A-rFt�tA>_ �< `. ¢k� °: \. 4• O , O . 1-•ARCS i--'WIGS. 1?eprm: \ ,•lta i \ A7 �t �_ \Ci \' •'• . I_OA'ittiY _ ' lV O GRo AT 4NO W6(Z CH'" •� River Bank , As A . , ..y o. \> \'� i, 0 ,{ A IOYft"'2f$ t DA'tLe: 12/IZ/AI 'Q� >r ill \ •.... o tix �' t t1CJ P-1 O/1 1 S \ ,�► : .p\ fi, + SILTY SAND in%&,,.SULLtVAN £NGttuEEt21NG 1NG. u' t{evls,9snwsa�urr,►t.s>mt: � 1 \\� g�-¢ic�� \ z :,��"1`° � '�::`Y � - � �-�`'\ \' y� \• • .' ,tea � , Lot 26 t u" c J nnEp s,e►No' \ �• 3'�t 8 ` \ \. , MSc+ \ _ FlitO 1.{p (LROt.l1M0 \NAt6LZ• K R%ST i 14 PAW)IT r -APXJCANrSNAI71'Rout Roo K rt t \•tL \ ° - 1yK , �•A4 1 t '' gt�- �.� \ rAamt.•riocertox Co-t't1 IT, MASS 'b\g \ \ y \ sC'o Y t Variance Grunted b Z BA J ILi,projeelLasd. sa;•1O•Iaoordaofconditions ❑ 2 ` / ' Q r.• ` r a\ O \ \D !. ;� }EseuE lo,c,,� , OR Cb<sieans t 54 0 'tt ` \ 'fig\ O f�riOPdSBeO 3 9R C148.0 Lot 8 W/R t5W\t.t.lt Cti- _r oraaafCoaditioosaoeveet^�„a �`��5` ' r+� R�1'1rt �'/JI,Z ° 1=m 401.0 .. 78M E1=47.51.'(NGVD '29) nhp1mwMbaeoa+1dcW*a R Ro �, Top of Mag Nail in Pavement Waiver Required Zc• .'w tsaa~ • - � r EX IST • '� From Conservation Commission -�-------- �A°'� _ �•� � c� F go4er . � A' r A4 I - ' N/f to 0 "A to- Bordering Vegetated Wetiond -as Flagged by ENSR 071SEPIOI O IP �\ 8 M 3 y/l 2�2 r '1o' / tnts►�ea <, �At Fltd\off 1.i i� peon 12�3�� ° ` '''� Footpat� `` C J Note. , .1- _;� a PLAN VIEW �o t.Aw. 1.) The property line information shown was obtained y `� `� Scale: ( = 20 frrom available record information. 2ut4N IPA& F•uLJL.LEMC'M& 4S$. STAIRS ,as f28atutt�t�b CT YP.') Gress Area i2 1 1 2.) The topographic Information shown was obtained �ti O I MF-TAINING from an on the ground survey performed on 23/0CT/01- i I � 1 � t"G�241 3) The datum shown is NGVD '29. a mean sealeve/ datum. The intent of this plan is for conservation The benchmark used is RM 47 (EI=22.49'} See FEMA FlRM 1W.6,V E s.rAK e:p permitting Purposes only and is not for Nay t3AL�s ;'` n "' S`fiE t»zrA1L ON SECTION A-A construction°Plan is only valid with an � S k>s�T 2 a V 2 original stamp and signature. Not to Sca to , � r Title PREPARED BY PREPARED FOR: NotesAeWsion: ' SITE PLAN t KRISTI N PANDIT a IMPROVEMENTS Sullivan �n in�rin , �11C. VQ,P0�N�[ry 256 CANTON AVENUE PROPOSED SITE IMPROVEME g 7 Parker Road MILTON,MASS. Cb. 81 SEPTIC SYSTEM OstervNe,oMA 02655 Osterville MA '02655 - L _ 144 TR OUT 6 R OOK ROAD (508)420-3994 (508)420-3995 fax 60 Dec (5os)42s-3344 (sos)4za-31t5 fax COTUIT, MASS, if�1o�► x {/.lV/O{t AOOE>, CO>!.19"C'I:LICI IoN DcrAt{S O o ly/b3. RgELOGA•'{'Ia.+p ♦aR\Vr$wAY Twf2NK)rioutVb zs .._. 20 0 to 20 40 80 Field: MDH/WHK Draft: ob 2,3/oZ p17060 cctaGRE.-t•EL SL.A0 IX Dote: Scalia: Comp.: RRL Review: 04/z9f6z Moog �outat�>:1t+oc 1, S .S January 18, 2002 As Shown Prol # Drawing # C518p1 its}c i 0^51I V -4. IkOOfto IRSC-%R6. SANG L=1L•rr=R 5115"t erA 2• t C) • i GI o. 50 ' r 0 48 �... ........ .,.._ 46 44 42 38 D{fi'l'AIL'TH1 ' 9ti1ril�T. FINLSNtrc� GAL.V. GAP. 34 ' a w{a ' A 1/2'�t3 GAL.v - ry'FrRU pd1-79 r Csl... '✓'2..d :� irlyP� O 32 � -l- � r 30 c�RA{D1S C4iA E 28 3TA 6p �.7"A -r{Tnaei� WAY S3AI..GS �/'X Qous%. 804(7YP.� 26' 3 , 24 ILL o A PAve MnntT '-� �„�.. PMT WN Q► .Y h vALu22 b As CAta1"To kSTAM.ZD OO 18 gee' , 1j ,o 16 's'• - ° �►. ,b;• CONGRISKR Ftti:TA1N{NG• 14 12 10 8 GUARD RAIL DETAIL 6 Not to Scale 4 DATUM E'LE'V 2 00 0 20 40 60 80 100 120 140 160 180 GROUP C518 SECTION I—LI Scale:Hofiz.SVert.:I"= 101 50 .. si v► � 48 1P,......,...�...� 46 44 42 ./ 'Rs=-rAlnttNG A�4 z' 40 40.0 38 �{N t5�t,wp ' ... GRACf"u 36 y,o_�� Fl6YON0 r ' J G,4.RAG1 .. 00: ShSPTiC a lq FROM UweGt.6at11G 34 .102 32 3 30 - l-Nta� � 28 • 1 is%1$TiNG 26 '/ooiizba sTAK a a HA t'SAl.U5 GOUC3ti� SrAKU 24 _ - •0 L{orJ BALSS { 22 20 d .•'"""' F.RBEFtGLASS s eaT P►�1HG_ot2 APRRG%/EP 11AL. 16 +� ...... t3Cr.lt.e.' . Z`�5 'r Illlll))�j �)r►� �11�� 1111 14 12 WAOM moo=10 '0 r 8 wwuavrLer►soi�arrrntssrsr 6 2 An rcaur WAM' Kct16TtM PANDIT DATUM ELE'V ►yy rf40QT KQot<AV. 'rF11f.RGLA55 9HEC't'P11..S'tORAt?P[2S?1I'G'P . 00 0 20 4 tn{�crtoc�►nor 7'•y.T�hJAss 80 100 12D 140 1 �`&UM^`a�r%F-R• a' 200 GROUP C518 ,�, ��,� ,� ❑ SECTION � WORK LIMIT BARRIER./FENCE The intent of"plan is for conservation OR moo= Scale:Horiz.8{Vert:1 = 10° Not to Scale permitting purposes only and is not for construction.Plan is only valid with an original stamp and signature. r�t. + at� � DW Title: PREPARED BY PREPARED FOR: Notes/Revisiom. r 1 SullivanEngineering, Inc. CapeSurv ,SECTIONS �„ K�ISTIN PANDIT t M, PROPOSED SITE IMPROVEMENTS S PO Box s5s 7 Parker Road 256 .CANTON AVENUE ' Cb a SEPTIC SYSTEM MOsterville, MA 02655 Osterville MA 02655IWTON,MASS. r 144 TRQUTBROQK ROAD (508)428-3344 (508)428-3115 fax (508)420-3994 (508)420-3995 fax n_ N L COTUIT-, MASS. o Draft: MJD Field: 10 0 5 10 20 40 Dote: Scale. Review: PS Comp/Draft: t zv ob AQp PRoPost:p c��cK February 13 , 2003 As Shown Prod # Drawing # cvis{oca {/%110't AVOW> comsi-Auez-nOiv cw-rAtt $ ?j 2, l03 -2--