HomeMy WebLinkAbout83-1494Te: YARMOUTH
casenanaa canmtseion
Please be advised that the Order of Conditions for the project
at 38 Charles St.,S.Yarmouth SE 83-1494
PfOiBU MUM UPflieNum6er
has been recorded at the Registry of Deeds of
Barnstable BK 1269S PiG S4 91243
county
12 -a 1 - 1999 (R 1 1 = 0 r
and has been noted in the chain of tide of the affected property
in
par
in accNan_%wit$ �e Order of Conditions issued on
If recorded land, the instrument number which identifies this
transaction is
. tn:bmwMater
If registered land, the document number which identifies this
transaction is
DocunntAkmW
Signaave 01AgplImt -
Rev.10/98 Pane 5 of 5
YARP,dOUTHCONSERVATION ;—
COPROISSION
LDEC 7 1999
9�EIVE® i
Massachusetts Deparfinent ofErmroniveatai Protection
Bureau of Resource Protection — Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. a 131, §40
Town of Yarmouth 0 Applicant Information
Wetland By -Law
Chapter 143 From:
YARMOUTH
Camermon Commission
For.
SE 83-1494
Purled File Number
To:
Dennis Ducharme
AWN'Zharles Street
karr address
South Yarmouth
1111RX 02664
2M LP Code
The project site is located at
South Yarmouth
D*ITM 116
Asse =M#0iX1 Pau" f
and the property is recorded at the Registry of Deeds for.
Barnstable 11183 189
cowly
Ceft&(d M9d0W pnd)
U Findings
Book Page
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
area in which work is proposed is significant to the following
interests of the Wetlands Protection Act (check all that apply):
❑ Public Water Supply
❑ Private Water Supply
❑ Groundwater Supply
JI4 Rood Control
Land Containing Shellfish
Fisheries
Storm Damage Prevention
71 Prevention of Pollution
:3 Protection of Wildlife Habitat
DEP File Number
for DEP use only
The Notice of Intent for this project was filed on:
November 4, 1999
Dare '
The public hearing was closed on:
November 18, 1999
Dare
Tale and Date of final Plans and Other Documents:
Site & Sewage Plan for 38
Charles St., So. Yarmouth
REV. 11-3-99
Furthermore, this Commission hereby finds that the project, as
proposed, is:
(check one of the following boxes)
Approved subject to:
y°l 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 the 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.
Rev. 10)98
Massachusetts neperhnent ofEwivnmerdat Protectien Town of Yarmouth
Bureau of Resource Protection — Wetlands Wetland BymLavv
WPA Form 5 = Order of Conditions Chapter 143
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
U Findings (cont.)
debris, including but not limited to lumber, bricks, piaster,
Denied because: wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators,
motor vehicles, or parts of any of the foregoing.
the.proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands 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 Acts 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(b)(c).
General Conditions
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 grand any property rights or any
exclusive privileges; it does not authorise any injury to
private property or invasion of private rights.
3. This Order does not relieve the permiftee 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 extentfon 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
7. This Order does not become 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 registered land, the Final Order shall also be noted
on the land Court Certificate of Trite 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 the work
9. A sign shall be displayed at the site not less than two square
feet or more than three square feet in sae bearing the
words,
"Massachusetts Department of Environmental Protection"
[or, "MA DEP"] "File Number
SE 83-1494
Froiect MeNumber
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 the Department.
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 following attached plans and
special conditions:
Final Approved Plans (attach additional plan references as
needed):
Site & Sewage Plan
Me
11-3-99
OZled
Thomas J. McLellan, P.E.
s0WVds1&Wbr
Con Com
On file wdh
Rev.10/96
Pa e2of5
Alassachwidb ngwftent of Emdroweata/ P110htc8on Town of Yarmouth
Bureau of Resource Protection — Wetlands Wetland By -Law
WPA Form 5 - Order of Conditions Chapter 143
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40
U Findings (cont.)
13. Any changes 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 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 condi-
tions stated in this Order, and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation.
15. This Order of Conditions shall apply to arry successor in
Interest or successor in control of the property subject to
this Order and to any contractor or other person perform-
ing 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 wedand boundary markers shall serve as the limit of
work (unless another limit of work line has been noted in
the plans of record) and be maintained unfit a Certificate of
Compliance has been issued by the Conservation Commis-
sion.
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. Dudng construc-
tion, 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.
Special Conditions (Use additional paper If necessary)
SEE ATTACHED SHEET
Findings as to municipal law, bylaw, or ordinance
Furthermore, the
Conservation Commission
hereby finds (check one that applies):
that the proposed work cannot be conditioned to meet the
standards set forth in a municipal law, ordinance, or bylaw,
specifically
&NWdWOW Otmaaici0kW. bylaw, ormdinW
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 law, bylaw, or ordinance, speeth-
cally
ArrmeandcdM0n0lmun4ipallaw, bylaw ormdimm
The Commission orders that all the work shall be performed
in accordance with the said additional conditions and with
the Notice of Intent referenced above. To the wdent that the
following conditions modify or differ from the plans,
specifications, or other proposals submitted with the Notice
of Intent, the conditions shall control.
Additional conditions relating to municipal law, bylaw, or
ordinance:
SPECIAL CONDITIONS
SE 83-1494
DENNIS DUCHARME
1. The applicant shall be responsible for having a copy of these "Orders of Conditions" on
the site at all times. Failure to do so may result in a revocation of the "Orders", or a fine,
or both.
2. The Conservation Commission, its agents or assigns, shall have the express right of entry
upon the job site at all reasonable times for the purposes of establishing "compliance" with
the conditions stated herein.
Upon completion of the project, a "Certificate of Compliance" shall be requested in
writing. This "Order of Conditions" shall be considered incomplete until the "Certificate
of Compliance" is issued and recorded at the Registry of Deeds.
4. The cesspool is to be pumped dry, the connection broken and filled with clean sand.
5. A haybale dike shall be staked in place as shown on the plan, prior to any work on the
project. The Conservation Administrator may allow the substitution of a siltation fence in
an appropriate case.
6. This dike shall constitute a "work limit line". No work of any kind shall be permitted on
the wetland side of this line.
The deck shall not be closed in without a future filing with the Conservation Commission.
AbssachaseHs Deparftent of Efiftwedd Prdwffaa Town of Yarmouth
Bureau of Resource Protection — Wetlands Wedand By -Law
WPA Form 5 - Order of Conditions Chapter 143
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
U Findings (cont.)
This Order is valid for three years, unless otherwise specified
as a special condition pursuant to General Conditions #4,
from the date of issuance.
November 30, 1999
DO
This Order must he signed by a majority of ills 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 regional office of the Department of
Environmental Protection. .�
Signattirrts l I - /.l I /
t/%/L//,I EJ0W �
Wdw
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 Department of Environmental Protection 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 for Departmental Acton 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.
On this zg 714
day of
/v01lAIM
�u'1.�P/`
z 7Ir
rer
before me personally appeared
(nw,rrisSallv—
to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she
executed the same as hisRcer free act and.deed.
This Order is issued to the applicant as follows:
0 by hand delivery on
age
by certified mail, return receipt requested, on
November 30, 1999
Dare
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
bylaw, and not on the Massachusetts Wetlands Protection Act
or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
Rev.10/98 Pa e 4 of 5
Massachnse[is Dep (tent of EndmMeetaf Protection Town of Yarmouth
Bureau of Resource Protection — Wetlands Wetland By -Law
WPA Form 5 - Order of Conditions Chapter 143
t Massachusetts Wetlands Protection Act M.G.L. C. 131, §40
N 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 tide of the affected property. In the
case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index underthe 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 Tdle
of the owner of the land subject to the Order of Conditions. The
recording information shall be submitted to the
YARMOUTH
on the form below, which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
---------------------- V— — — — — — — — — —
To: YARMOUTH
ConmvionCoanwon
Please be advised that the Order of Conditions for the project
at 38 Charles St.,S.Yarmouth SE 83-1494
Pro%ec L000n DFRIeNotV
has been recorded at the Registry of Deeds of
Barnstable
C+b
and has been noted in the chain of tide of the affected property
in
Pools
Page
in accprdanf�with the Order of Conditions issued on
lme y y
If recorded land, the instrument number which identifies this
transaction is
If registered land, the document number which identifies this
transaction is
D0XnWN=oer
Signature of fthm"
Rev. 10198
1W
Massachusetts Depart
Bureau of Resource Prc DEP File Number
ISSUANCE OF A FILE NUMBER
WPA Form INDICATES ONLY s E 53-14L3 i
COMPLETENESS OF SUBMITTAL,
NOT APPROVAL OF APPLICATION §40 for DEthee Only �B!C
O
Massachusetts W and the I 1 I15/ % 9
Please type or
print clearly all
Is
General InfofY118tlOn Town of Yarmouth Wetlands Protection Bylaw
information
3. Property Owner (if different from applicant):
requested on this
1. Applicant:
form.
Dennis M. and Cynthia N. Ducharme
Dennis Ducharme
Kane
e�
N"
21 Chase Garden La Q
38 Charles Street
Maillrgaddie
A
Wiling AMW
Yarmouthport _ L
South Yarmouth
Ciry/Fovm
Citfftm
MA
MA 02664
State Code p.Et•
Irate Zip Cade
IQ, TTt{rr.A$TREGION
4. Summary of Project Impacts:
PhoneNwnber
a. Is any work being proposed in the Buffer Zone?
Far Nmmber (i/applirable)
O No 0 Yes
E-Mail Address (dapplirable)
If yes, how many sq. ft.?Approx 7100 sf within BZ
2. Representative (if any):
to BVW; Approx 3300 sf within BZ to ESM;
Hamlyn Consulting
AuaeFed Approx 8700 sf within BZ to TCB
Fimt
Lynne Whiting Hamyn
b. List the impacts of proposed activities on each wetland
C&W Name
resource area (temporary and permanent impacts, prior to
690 Thousand Oaks Drive
restoration or mitigation):
WffinyAddC
Resource Area Size of Impact (e.g., sq. ft.)
Brewster
Ciry/ravm
MA 02631
Coastal Bank 4'V" post displacement
State Zip Code
(Approx 16 sq inches)
(508)394-5803
MareNwmber
(508)394-5803
Far Number (dapplitable)
hoonsult@gis.net
FMailAddress(dapp MW)
U Project Description
1. Project Location:
South Yarmouth
Cmy/raaa
38 Charles Street
SOdAddrees
70
ASSeSSOra MapPlarl
Rev. 10)ea
2. Registry of Deeds:
Bamstabie
C—ty
11183
AA
189
page
CW 0r1M1e (1f &91stered LW)
Page 1 of 5
An
k
NOV 1g 1999
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number
WPA Form 3 - Notice of
Intent
1
for DEP use only
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and the
Please type or
print clearly all
Is General InforinatlonTown of Yarmouth Wetlands Protection Bylaw
Information
3. Property Owner (if different from applicant):
requested on this
1. Applicant:
form.
Dennis M. and Cynthia N. Ducharme
Dennis Ducharme
Name
N"
21 Chase Garden Lane
38 Charles Street
MadingAMM
MaibngAddress
Yarmouthport
South Yarmouth
cltjlr�
c9y/raron
MA 02675
MA 02664
sate Zip Cade
sate Zip code
4. Summary of Project Impacts:
Plane Number
a. Is any work being proposed in the Buffer Zone?
fax Number (dapplicable)
❑ No 0 Yes
E-P&#Add2 (dappbrable)
If yes, how many sq. R.?Approx 7100 sf within BZ
2. Representative (if any):
to BV W; Approx 3300 sf within BZ to ESM;
Hamlyn Consulting
SquaeFe9 Approx 8700 sf within BZ to TCB
Finn
Lynne Whiting Hamlyn
b. List the impacts of proposed activities on each wetland
CoMa Name
resource area (temporary and permanent impacts, prior to
690 Thousand Oaks Drive
restoration or mitigation):
MaiiirgAMM
Resource Area Size of Impact (e.g., sq. ft.)
Brewster
city/loan
MA 02631
4"x4" post dis lacement
Coastal Bank P° P
92te Zip Code
(Approx 16 sq inches)
(508)394-5803
PhoneNUMer
(508)394-5803
Fax Menbr(dapphoble)
hconsult@gis.net
E-Mail Address (dapplrcok)
0 Project Description
1. Project Location:
South Yarmouth
Cdy/Iaxn
38 Charles Street
SMAddeas
70
Aautsa5 hWMIN l
Rev. 10/98
116
PMLI-01I
2. Registry of Deeds
Barnstable
Catnry
11183
Boat
189
Pdge
cetihrate (d l&gisteW tmid)
Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Town of Yarmouth
Wetland By -Law
WPA Form 3 - Notice of Intent Chapter 143
t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Project Description (cont.)
3. Project Description:
4. Plan and/or map references (list title and date):
Proposed removal of a portion of the existing house
Site and Sewage Plan; Location: 38 Charles
and the construction of an addition with porch;
Street; South Yarmouth, MA; Prepared for. Dennis
proposed expansion of the existing breezeway and
Ducharme; Prepared by: Demarest McLellan
of the existing deck; and the upgrade of the
Engineering; Dated 10/22199, Revised 11/3/99
existing subsurface septic system.
Activities Subject to Regulation
Land Under Water Bodies:
1. a. If Buffer Zones to resource areas are to be impacted, in
whole or in part, check the applicable resource areas:
SW" Feel robedraed
Inland Resource Area Coastal Resource Areas
Qmic Yadsrobedredged
❑ Inland Bank ❑ Coastal Beach
Land Subject to Flooding:
0 Bordering Vegetated Wetland 0 Bander Beach
- Bordering:
❑ Rocky Intertidal Shore
❑ Coastal Dune
Squae Fed to be altered
0 Coastal Bank
pahc Yards filled ordispeced
0 Salt Marsh
_ Isolated:
b. Proposed activities located in whale or in part, in
Wedand Resource Area(s) (Complete all fiat apply):
squxeFerrobeaaeed
Inland Resource Areas
amrc Yards filled ordisp/aced
Bank:
Coastal Resource Areas
tinearFadlobeaftered
Salt Marsh:
Bordering Vegetated Wetlands:
Square Fed to be allered
Square Feltobeaftered
Coastal Dune:
Sgwre Fe t lobere pli mted a iesrabe
SquareFeertobedraed
cWC Yadsw"tote rem w
Rev. 10198 Page 2 of 5
Massachusetts Department of Environwntat Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
12 Activities Subject to Regulation (cont.)
Land Under Ocean:
Square Feel tobeattaed
Cubic Yads10 be daW
Beach:
Square Faattobeafaed
Rocky Imertidal Shore:
Sq wefeeetobeattafed
Land Under Salt Pond:
Squam Feet to beabmd
GAic YadstobedaW
Coastal Bank
Approx .33 linear feet (Approx 16 sq inches)
Li" F&ftobeaftered
Designated Port Area:
SpereFeettobeaftoW
Land Containing Shellfish:
Squae Fed to beababe
Fish Run:
LhwFeettobeaaemd
u.0
i. Name of waterway (if available):
Town of Yarmouth
Wetland BY -Law
Chapter 143
ii. Width of Riverfront Area (check one)
O 25 feet - Designated Densely Developed Areas only
❑ 100 feet - New agricultural projects only
❑ 200feet -all other projects
ill. Mean annual high-water line determined by:
(check all that apply)
O Changes in soil; vegetation; water marks; scouring
• Top of bank (inland rivers)
❑ First observable break in slope
❑ Mean annual flood level
❑ Mean high tide (for coastal rivers only)
iv. Distance of proposed activity closest to the mean annual
high-water line:
Feet
v. Total area (square feet) of Riverfront Area on the site of
the proposed project:
Squim Fed
vi. Proposed alteration of Riverfront Area:
rdalSprareFed
Squ"Fedwifhm 100dfrom bank
Square Fed bdavn 100BW200It fan bad
2. Bordering Vegetated Wetland Delineation: Explain the
determination of Bordering Vegetated Wetland boundaries
identified on plans:
❑ Final Order of Resource Area Delineation issued by
conservation commission or DEP (attached)
❑ DEP BVW Field Data Forth (attached)
la Other Method of Determining BVW boundary (Check all
that apply and attach documentation):
la 50% or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
0 Direct observation
* Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance
Rev. 10/98 Page 3 of 5
Massachusetts Department of Envimmuental Protection Town of Yarmouth
Bureau of Resource Protection - Wetlands Wetland By -Law
WPA Form 3 - Notice of Intent Chapter 143
t Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
Activities Subject to Regulation (Cons)
3. Sites Subject to Special Protection
b. Is any portion of the proposed project located within an
a. Is any portion of the proposed project located within Area of Critical Environmental Concern (ACEC)?
estimated habitat which is indicated on the most recent
Estimated Habitat Map of State -Listed Rare Wetland ❑ Yes ❑ No If yes, provide name of ACEC (see
Wildlife published by the Natural Heritage and Endangered Appendix D for ACEC locations):
Species Program?
ACEC
❑ Yes 0 No
1997-1998
Date of Map
If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
Performance Standards
1. Is any portion of the proposed activity eligible to be treated
as a limited project subject to 310 CMR 10.24 or 310 CMR
10.53?
❑ Yes 0 No If yes, describe which limited project
applies to this project:
2. Is any activity within any Resource Area or Buffer Zone
exempt from performance standards of the wetlands
regulations, 310 CMR 10.00.
❑ Yes 0 No If yes, describe which exemption applies to
this project:
3. a. Is the project located in the Riverfront Area:
❑ Yes 0 No
If yes, indicate the proposed project purpose:
❑ Single family tome
❑ Residential subdivision
❑ Commercial development
0 Industrial development
❑ Transportation
❑ Other - describe:
Per Conservation Administrator
c. Is any portion of the site subject to a Wetlands
Restriction Order under the Inland Wetlands Restriction Ace
(M.G.L. c. 131, s. 40A) or Coastal Wetlands Restriction Act
(M.G.L. c. 131, s.105)?
❑ Yes 0 No
If yes, attach a copy of the Restriction Order to the N01.
b. Was the lot where the activity is proposed created prior to
August 1, 1996?
0 Yes ❑ No
4, a. Describe how the project will meet all performance
standards for each of the resource areas altered, including
standards requiring consideration of aftemative project
design or location. Attach additional sheets, if necessary.
See attached
b. Stormwater Management:
The project is exempt from the DEP Stormwater Policy:
0 Yes ❑ No If yes, explain why the project is exempt:
Construction to a single family dwelling
If no, stormwater management measures are required.
Applicants are encouraged to complete Appendix C:
Stormwater Management Form and submit it with the
Notice of Intent.
Rev. 10/98 Page 4 of 5
Discussion of Proposed Activity
The applicant proposes the following work at 38 Charles Street, South Yarmouth: removal of a
portion of the existing dwelling and construction of an addition with a porch; expansion of the
existing breezeway and deck; and upgrade of the existing septic system. The removal of the house
wing and construction of the addition and porch, and the expansion of the deck are to occur within
the Buffer Zone to a Bordering Vegetated Wetland. The breezeway expansion is to occur within
100 feet of elevation 9, the landward limit of the 100-year flood zone. The applicant is also
proposing to remove and reconstruct a cottage located near Charles Street that is beyond the
jurisdiction of the Conservation Commission.
Four resource areas are present on the property: Salt Marsh, Bordering Vegetated Wetland,
Coastal Bank and Land Subject to Coastal Storm Flowage. The Salt Marsh was delineated at the
landward extent of salt tolerant plant species. Seaside plantain (Plantago maritima) and stiff -leaf
quackgrass (Agropyron pungens) occur at the landward edge of the Salt Marsh. The BV W was
delineated at the landward limit of the sea milkwort, the dominant plant species to the approximate
toe of slope. The top of the Coastal Bank was delineated in accordance with Wetlands Protection
Program Policy 92-1 and occurs along the top of the terraced landscaping. Land Subjectto
Coastal Storm Flowage extends to elevation 9.0'.
The existing septic system is to be upgraded to conform to Title 5 and Town of Yarmouth
Regulations. Presently, three cesspools service the structures, two located between the drive and
the front of the house and one located under the patio to the rear of the house. The cesspools are to
be pumped and then filled or removed.
The breezeway expansion is to consist of two additions on either side of the existing breezeway.
Construction is to occur on the street side of the portion of the house that is to remain, away from
the wetland resource areas.
A work limit line is to be established with double -staked haybales or trenched siltation fencing as
shown on the plan prior to any site work, and shall be maintained to project completion, including
stabilization of sediments.
The house section removal and reconstruction is to occur on the street side of existing terraced
gardening. The deck extension is to be elevated above grade and will occur over a small portion of
the Coastal Bank. The bank in this area consists of a lawny slope and the construction will have
no adverse impact on the resource area's ability to act in the interests of flood control and storm
damage prevention.
Special Permits from the Zoning Board of Appeals are being sought to alter and expand a pre-
existing, nonconforming structure, relative to the main house; and to raze and replace the cottage.
DEP
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M. G.L. c. 131, §40
IS Additional Information
Applicant must include all the following with this Notice of Intent:
USGS or other map of the area (along with a narrative description, if necessary), containing sufficient
information for the conservation commission and the Department to locate the she.
Plans identifying the location of proposed activities (including activities proposed to serve as a BVW
replication area or other mitigating measure) relative to the boundaries of each affected resource area.
Other material identifying and explaining the determination of resource area boundaries shown on plans
(e.g., a DEP BVW Field Data Form).
List of the titles and final revision dates of all plans and other material submitted with this N01.
Fees
The fees for work proposed under each Notice of Intent must
be calculated and submitted to the conservation commission
and the Department (see the Instructions and Appendix B:
Wetland Fee Transmittal Form).
Applicants must submit the following information (in
addition to pages 1 and 2 of Appendix B) to confirm fee
payment:
5873 11/3/99
rY kwnlw Ord date
No fee shall be assessed for projects of the federal govern-
Demarest McLellan Engineering
ment, the Department of Environmental Protection, or cities
F�eo yk
and towns of the Commonwealth.
Dennis Ducharme
Appliranf name (d ditW from Payer)
Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the
foregoing Notice of Intent and accompanying plans, docu-
ments, and supporting data are true and complete to the best
of my knowledge. I understand that the conservation commis-
sion will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands
regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were
notified of this application, pursuant to the requirements of
M.G.L. c.472 of the Massachusetts Acts of 1993. Notice must
be made in writing by hand delivery or certified mail (return
receipt requested) to all abutters within 100 feet of the
property line of the project location.
swhredapplicarx Date
For conservation commission:
Two copies of the completed Notice of Intent (Form 3),
including supporting plans and documents; two copies of
pages 1 and 2 of Appendix B; and the city/town fee payment
must be sent to the conservation commission by certified mail
or hand delivery.
For DEP:
Two copies of the completed Notice of Intent (Form 3),
including supporting plans and documents; two copies of
pages 1 and 2 of Appendix B; and a copy of the state fee
payment must be sent to the DEP regional office by certified
mail or hand delivery (see Appendix A for regional office
addresses).
Other:
If the applicant has checked the "yes' box in any part of
Section C, Item 3, above, refer to that section and the Instruc-
tions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by
signatwe pr perryoaner Dare the applicarn to send copies in a timely manner may result in
/ dismissal of the Notice of Intent.
L 4
suyra a[rV Wtm J Dale
Rev. 10/98 Page 5 of 5
Abutters to the Project Locus
38 Charles Street, South Yarmouth
Assessor's Map 70, Parcel 116
Assessor's Map 70
Parce1115 Frances E. Crawford
34 Charles Street
South Yarmouth, MA 02664
Parcel 117 Madeline 7. Mason
Charles R. Mason
42 Charles Street
South Yarmouth, MA 02664
Parcels 112.1 Michael J. McCarthy
& 112.2 115 Uncle Barney's Road
West Dennis, MA 02670
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AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
And Town of Yarmouth Wetlands Protection Bylaw
I, Melissa Freedman, hereby certify under the pains and penalties of perjury
that on November 4, 1999, I gave Notification to abutters in compliance with the
second paragraph of Massachusetts General Law Chapter 131, Section 40, and the DEP
Guide to Abutters Notification dated April 8, 1994, in connection with the following
matter:
A Notice of Intent Sled under the Massachusetts Wetlands
Protection Act and Town of Yarmouth Wetlands Protection Bylaw
by Dennis Ducharme with the Yarmouth Conservation
Commission on November 4, 1999 for property located at:
38 Charles Street
South Yarmouth, MA
The form of the notification, and a list of the abutters to whom it was given and
their addresses, are attached to this Affidavit of Service.
Dated: November 4, 1999
Melissa Freedman
Hamlyn Consulting
690 Thousand Oaks Drive
Brewster, MA 02631
(508)394-5803
HAMLYN CONSULTING
690 Thousand Oaks Drive, Brewster, MA 02631 • Phone & Fax: (508) 394-5803
November 4, 1999
Dear Abutter:
Notice is hereby given of the intent of:
Dennis Ducharme
38 Charles Street
South Yarmouth, MA 02664
for the proposed removal of a portion of the existing house and the construction of an
addition with porch; proposed expansion of the existing breezeway and of the existing
deck; and the upgrade of the existing subsurface septic system at 38 Charles Street, South
Yarmouth (Assessor's Map 70, Parcel 116).
This is in accordance with plans filed with the Yarmouth Conservation Commission.
The hearing will be held on Thursday, November 18, 1999, in the hearing room at
Yarmouth Town Hall, 1146 Route 28, South Yarmouth. Please contact the Yarmouth
Conservation Office at (508)398-2231, extension 288, for the time of the hearing.
Notice as per Philip E. Magnuson, Chairperson of the Conservation Commission in and
for the Town of Yarmouth.
Yours truly,
Melissa Freedman
Hamlyn Consulting
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24 SCHOOL STREET 1-.0. BOX 463
WEST DENNIS, MASSACHUSETTS 0<
PHONE A FAX : (506) 398-7710
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