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Attachment A - Permit SE3-5062 Review
Introduction
Review and summary of SE3-5062 permit and/or DEP File #SE3-5062.
The project began with an October 29th,2012 Enforcement Order #VIO2012033 concerning the
pier. An After-The-Fact Notice of Intent was submitted and the project progressed through
many stages before completion. The project was completed and recorded on 6 30 2014
@10:20a Bk28234 Pg 207 sec 28455. Permit file SE#-5062 (Pg 4 of 80)
The Town has an 80-page pdf filed under SE3-5062 which was used as the reference. The
figures include page number reference (xx out 80) from that record.
Findings and Questions
In this section we summarize the findings of our review. The issues are not in any particular
order. We have tried to clearly identify the issue being discussed and why it’s important. Mostly
we are asking for clarification and/or requesting that a specific action be taken.
1. The biggest question concerning SE3-5062 at the hearing was the scope of the existing
permit. What permitted activities were approved? Was an extension to the pier in the
permit? Were there any Ongoing Conditions?
After reviewing the documents, the scope of permitted activities seems clear. It is
shown on the stamped site plan submitted by BSC Group. A partially completed project
was approved and it did not include any extension of the pier. Two key documents are
sited below.
2. The approval of the Certificate of Compliance was requested on May 6th 2014, As shown
below (Permit SE3-5062 16 pg. x of 80). The request describes the final project in detail.
“The partially completed project at the site involves the removal of decking on the
existing fixed pier. And replacing it with grated decking material to allow 65% light penetration
as stated in the Order of Conditions. However, the structure was never extended as previously
proposed”
3. The required stamped site plan was submitted May 5th “Plan of Land to Accompany A
Certificate of Compliance” (POLTAACOC) and was accepted and filed. See Figure 2
Stamped Plan for COC (pg. 80 of 80).
The plan identifies the path, the pier, the float, the canoe area, BVW boundaries, and the
other information. It does not show an extended pier or a new float.
4. It is important that the existing permitted conditions be documented as part of this
application. We request that a copy of the May 5 2014 “Plan of Land to Accompany A
Certificate of Compliance” be included as new, separate Exhibit in the application file
and that this file be called “Permitted Existing Conditions”. Current existing conditions
may or may not be the same.
5. As shown on POLTAACOC we request that attention be drawn to the existing float
which is on the plan. It appears that the float would be subject to Barnstable Guidelines
for Private freshwater Docks, Piers and Floats as referenced in the new application. Does
the owner have some kind of Waiver or permit allowing the float to be there
continuously? The guidelines call for removal by November 1 and the float is there
currently. Does the applicant own the float. The discussion at the meeting seemed to
indicate they did. It is within the pie shaped water mentioned in the application.
6. As shown on the POLTAACOC there was no permit for the dock and float so we request
removal of the Foot Note and note on 1/16/24 Plan to Accompany A Notice of Intent,
which identifies the new proposed dock as “Previously Approved Pier and Float SE#-
5062”. The pier and float were proposed and not approved. This note is miss leading.
7. Form 8B COC B. Certifications shows there are Ongoing Conditions identified for this
permit. Have these conditions been fulfilled each year.
End