HomeMy WebLinkAbout83-1544CONSTRUCTION CO.
BUILDING & REMODELING CONTRACTORS
PO. Box 731 + Marstons Mills, MA 02648
Tel (508) 420-9333 * Fax (508) 420-9733
To: Yarmouth Conservation Commission
Re: Preliminary Hearing, 64 White Cedar Rd (Cedar Point, Great Island)
Date: 18 Nov 2010
Gentlemen:
A brief overview of the presentation —
Google site photos w/ topo and bldg overlay, engineered. Blowups +& handouts.
Coastal Bank Reg w/ graphic illustration. Handout.
Original NOI Title V septic plan w/ previous guest house location shown.
1. We propose a relocation of the previously permitted, but not yet built,
guest house: Over 100' from wetland, over 50' from coastal bank for the
majority of the building, 35' from one corner. We will discuss the 11 %%
slope, mitigation, and site planning.
2. We propose a relocation of the existing driveway, old one to be planted
out. No bank crossing, starts at vicinity of a dry finger subject to 100 year
coastal storm flowage. Minimal vegetation disturbed. 300% compensatory
planting proposed.
We appreciate the opportunity of a Preliminary Hearing to discuss this. Thank
you.
Patrick Coffey
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Wetlands Program Policy 92-1: Coastal Banks
Coastal Banks: Definition and Delineation Criteria
for Coastal Bank (DWW Policy 92-1) Issued: March 3, 1992
Purpose The purpose of this policy is to clarify the definition of coastal bank contained in the Wetlands Regulations, 310 CMR
10.00, by providing guidance for identifying 'top of coastal bank'. Regulatory Standards Coastal wetlands are defined in the
Wetlands Protection Act (MGL c. 131, s.40) as:
"any bank, marsh, swamp, meadow, flat or other lowland subject to tidal action or coastal storm flowage".
Coastal banks are defined at 310 CMR 10.30(2) as:
"the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach,
land subject to tidal action, or other wetland".
When these two definitions are read together, coastal banks can be inferred to be associated with lowlands subject to tidal action or
subject to coastal storm flowage. Coastal banks, therefore, can occur around non -tidal ponds, lakes and streams provided that these
elevated landforms confine water associated with coastal storm events, up to the 100-year storm elevation or storm of record. Land
Subject to Coastal Storm Flowage, in turn, is defined at 310 CMR 10.04 as:
"land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or
storm of record, whichever is greater".
The Department uses the 100-year coastal flooding event as defined and mapped by the Federal Emergency Management Agency
(FEMA) per the National Flood Insurance Program, as the maximum flood elevation associated with land subject to coastal storm
flowage, unless recorded storm data reveals a higher flood elevation (which is the storm of record). Analysis Top of Coastal Bank
Delineation The phrase "top of coastal bank" is used to establish the landward edge of the coastal bank (310 CMR 10.30). There is
no definition for "top of coastal bank" provided in the Act or the Regulations. A Guide to the Coastal Wetlands Regulations,
prepared by the Massachusetts Coastal Zone Management Office, upon which Conservation Commissions and the Department have
relied for guidance, states that the landward boundary of a coastal bank is "the top of, or first major break in, the face of the coastal
bank", and implies that it is easily identified using United States Geologic Survey topographic quadrangles. However, the scale of
topographic quadrangle maps generally do not allow for parcel specific analysis. No further definition of "top of and "major break"
is provided. The following standards should be used to delineate the "top of coastal bank" [refer to figures 1-7 for a graphic
presentation of the information below]:
A) The slope of a coastal bank must be greater than or equal to 10:1 (see Figure 1 .
B) For a coastal bank with a slope greater than or equal to 4:1 the "top of coastal bank" is that point above the 100-year flood
elevation where the slope becomes less than 4:1. (see Figure 2 .
C) For a coastal bank with a slope greater than or equal to 10:1 but less than 4:1, the top of coastal bank is the 100-year flood
elevation. (see Figure 3 .
D) A "top of coastal bank" will fall below the 100-year flood elevation and is the point where the slope ceases to be greater
than or equal to 10:1. (see Figure 4 .
E) There can be multiple coastal banks within the same site. This can occur where the coastal banks are separated by land
subject to coastal storm flowage [an area less than 10:1]. (See Figures 5 and 6).
When a landform, other than a coastal dune, has a slope that is so gentle and continuous that it does not act as a vertical buffer and
confine elevated storm waters, that landform does not qualify as a coastal bank. Rather, gently sloping landforms at or below the
100-year flood elevation which have a slope less than 10:1 shall be regulated as "land subject to coastal storm flowage" and not as
coastal bank (see Figure 7 . Land subject to coastal storm flowage may overlap other wetland resource areas such as coastal beaches
and dunes. Information Requirements for Project Review Due to the complex topography associated with coastal banks, the
following requirements are intended to promote consistent delineations. In order to accurately delineate a coastal bank, the following
information should be submitted, at a minimum„ to the Conservation Commission and the Department of Environmental Protection:
the coastal bank should be delineated and mapped on a plan(s) to a scale of not greater than 1 inch = 50 feet, including a plan view
and a cross section(s) of the area being delineated showing the slope profile, the linear distance used to calculate the slope profile,
and the location of this linear distance. In addition, there must be an indication which of the five diagrams mentioned above is (are)
representative of the site. Averaging and/or interpolating contours on plans can result in inaccurate delineations. Therefore, it is
strongly recommended that follow-up field observations be made to verify delineations made from engineering plan data and as
shown on the submitted plans. The final approval of resource boundary delineations rests with the issuing authority (Conservation
Commission or Department of Environmental Protection).
Tcp of Bank
I / __ V
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"ri@ire 3
WETLANDS POLICY 92-1
FIGURE 3 COASTAL BANK
No Csasial dank Exret6
ws�
LSCS=
r.ion
Fgjre 7
WETLANDS POLICY 92-1
FIGURE 7 NO COASTAL BANK
COASTAL BANK NEAREST TO PROPOSED GUEST HOUSE
FLOOD ZONE = ELEV. 12
MINIMAL COASTAL BANK CRITERIA
— FLOOD ZONE
EXISTING SLOPE = COASTAL BANK
EXISTING SLOPE = NO COASTAL BANK
SKETCH PREPARED FOR:
NOLFN RESIDENCE ADDITION
64 WHITE CEDAR ROAD
WEST YARMOUTH, MA 02673
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_ TR91
.-CONSTRUCTION- CO."
BUILDING & REMODELING CONTRACTORS -
f = P.O.-Box 731 i-Marstons-Mills; MA_ 02648
-Tel (508) 420-9333 - * Fox-(508) 420=9733
Brad Hall ; -Conservation Agent
Towri of Yarmouth_
1146 Route -28 ,
S Yarmouth -.MA' 02664 _
3 ov N ember 2010 - -
Dear Brad; _
-We' equest-a preliminary'hearing for 64 _White Cedar Rd; W Yarmouth; Great. island. I understand you "
can put us on for .Thursday, .18 Nov- 2010, 7:00 or after. _ __
The site is. the existing residence of Malcolm.Nolen &Jennifer Napier.: We-are-currently.master planning
for site improvements to.be phased . Included is- possibly moving the pre -approved location of a future-
_ _ guest house. TFiis.proposed _relocation is pivotal-, to other parts of the plan and We would like to discuss
the matter with the Commissioners, and get their'input, before,prooeeding with final master planning
and'submitting a Notice of intent.
Thank you for your onsite visit 15 "October: You clarified several of the likely discussion items and how. -
to approach them. it was very helpful. We -have since. had Sarah_Ojala of-DownCape Engineering and, . .
= -Lynne Hamlyn, _Enyironiental Consultant_ review the proposed work and the site and we now have plans
and graphics for our presentation discussion:
=1 am planning to attend. with Peter Breese of Breese Architects.: Please _let me_know if:you think it would
be helpful to have Sarah and/or.Lynne.
Thanks again for your -help -in this matter.
°Patrick Coffey -
Pratt -Construction _
#508 280-4688 c i = -
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
DEP File Number:
SE 83-1544
Provided by DEP
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
YARMOUTH
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Lot 58, White Cedar Rd., W. Yarmouth SE 83-1544
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
for.
Elliot C. Nole
Property Owner
Book
and has been noted in the chain of title of the affected property in:
Page
In accordance with the Order of Conditions issued on:
4-09-01
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
APR 18 2001
Page
If registered land, the document number identifying this tranbactkKS; 219 04-12-2001 11:22
Document Number BARNSTABLE LAND COURT REGISTRY
ure of Applicant �v . r�
WPA Form 5 Page 7 of 7
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k E C E I P I
Printed:04-12-2001 @
11:23:00
Trans#: 54874 Oper:JAN
Doc#: 829219
-= Ctl#: 611 Rec:4-12-2601
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@ 11:22:51a
..: Loc: YARN ---
----TRANS
DOC - DESCRIPTION
--------------
ANT
------ -----------------
1 NOLEN, ELLIOT C
ORDER
RN Recordinu fee
30.06
20.00
S2 Surcharge CPA $20.00
--
Total fees:
50.00
Ctl#: 612 Rec:4-12-2001
-----------
@ 11:22 61a
-----------------------
DOC DESCRIPTION
--------
TRANS ANT
IMPRINT COPY
FX Ieprint Copy Fee
.50
*** Total charges:
50.50
CHECK Phi 4093
50.50
f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
COPY
out forms on YARMOUTH
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
To: Applicant: Property Owner (if different from applicant):
Malcolm Nolen Elliot C. Nolen
Name Name
327 West 19th Street 162 Clinton Street
Mailing Address Mailing Address
New York NY 10011 Brooklyn NY 11201
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Lot 58, White Cedar Road West Yarmouth
Street Address City/Town
9 9
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Barnstable
County Book Page
#143101
Certificate (if registered land)
3. Dates:
3/01 /01 3/15/01 4 - 0 9 - 01
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):
Title 5 Site Plan, Lot 58, White Cedar Road, West Yarmouth Rev. 3/20/01
Title Date
Malcolm Nolen Residence, West Yarmout, MA Landscape Plan 3/16/01
5. Final Plans and Documents Signed and Stamped by:
Arne H. Ojala, P.E., P.L.S.
Name
6. Total Fee:
s5nn_nn
(from Appendix B: Wetland Fee Transmittal Form)
DEP File Number:
SE 83-1544
Provided by DEP
WPA Form 5 Page 1 of 7
R_ ng/nn
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
SE 83-1544
Provided by DEP
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
X Private Water Supply
❑ Groundwater Supply
❑ Land Containing Shellfish
❑ Fisheries
(( Storm Damage Prevention
Prevention of Pollution
❑ Protection of Wildlife Habitat
;' 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 CIWIR 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.
WPA Forth 5
Rr mrnn
Page 2 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands SE 83-1544
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
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 SE, 81-1 5744
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.
WPA Forth 5 Page 3 of 7
Ra n9w
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
DEP File Number:
SE 83-1544
Provided by DEP
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.
Special Conditions (use additional paper, if necessary):
SEE ATTACHED SHEET
Findings as to municipal bylaw or ordinance
Furthermore, the YARMOUTH 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:
Name Municipal Ordinance or Bylaw
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:
Town of Yarmouth Wetland By-law Chapter 143
Name Municipal Ordinance or Bylaw
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.
WPA Forth 5
R— 071nn
Page 4 of 7
WPA FORM 5 - ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 4A OF 7
SE 83-1544 - MALCOLM NOLEN
The applicant shall be responsible for having a copy of these "Orders of Conditions" on
the job site at all times. Failure to do so may result in a revocation of the "Orders", 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.
3. 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 driveway shall be constructed of pervious materials such a s gravel, stone, seashells or
other similar materials.
5. Gutters and downspouts directed into drywells shall be installed to provide for roof runoff.
6. A haybale dike shall be staked in place as show n 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.
7. This dike shall constitute a "work limit line". No work of any kind shall be permitted on
the wetland side of this line.
8. Any area proposed for removal of vegetation for a period of more than seven days, shall
be mulched or otherwise treated to prevent erosion.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
DEP File Number:
SE 83-1544
Provided by DEP
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
4-09-01
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).
On /0 f
Day
before me personally appeared
of Afaly! ;.00l
Month and Year
to me known to be the person described in d who executed the foregoing instrument and
acknowledged t he/she cute th s e as his/ r free act and deed.
Notary Pu lic L My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on JEJ by certified mail, return receipt requested, on
4-09-01
Date Date
WPA Forth 5 Page 5 of 7
Ra n,)/ n1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
DEP File Number:
SE 83-1544
Provided by DEP
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.
YARMOUTH
Conservation Commission
WPA Forth 5
RPv n9ln 7
Page 6 of 7
i . 01
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
DEP File Number:
SE 83-1544
Provided by DEP
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
YARMOUTH
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Lot 58, White Cedar Rd., W. Yarmouth SE 83-1544
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
County Book Page
for.
Elliot C. Nolen
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:
4-09-01
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
WPA Form 5 Page 7 of 7
R— mmn
yt
� � T
Massachusetts Department of Environmental Protection DEP File Number
_ Bureau of Resource Protection - Wetlands SE 83-1544
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
C(DPY
out forms on YARMOUTH
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
To: Applicant: Property Owner (if different from applicant):
Malcolm Nolen Elliot C. Nolen
Name Name
327 West 19th Street 162 Clinton Street
Mailing Address Mailing Address
New York NY 10011 Brooklyn NY 11201
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Lot 58, White Cedar Road West Yarmouth
Street Address City/Town
9 9
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Barnstable
County Book Page
#143101
Certificate (if registered land)
3. Dates:
3/01 /01 3/15/01 4 - 0 9 - 01
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):
Title 5 Site Plan, Lot 58, White Cedar Road, West Yarmouth Rev. 3/20/01
Title Date
Malcolm Nolen Residence, West Yarmout, MA Landscape Plan 3/16/01
5. Final Plans and Documents Signed and Stamped by:
Arne H. Ojala, P.E., P.L.S.
Name
6. Total Fee:
$500.00
(from Appendix B: Wetland Fee Transmittal Form)
WPA Forth 5 Page 1 of 7
Pa morn
Y
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
SE 83-1544
Provided by DEP
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
X Private Water Supply
❑ Groundwater Supply
❑ Land Containing Shellfish
❑ Fisheries
XStorm Damage Prevention
Prevention of Pollution
❑ Protection of Wildlife Habitat
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.
WPA Forth 5 Page 2 of 7
R_ mmn
4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands SE 83-1544
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 Omer 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 SE g 3_ 1 544
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.
WPA Forth 5 Page 3 of 7
R— n9ion
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
SE 83-1544
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 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.
Special Conditions (use additional paper, if necessary):
SEE ATTACHED SHEET
Findings as to municipal bylaw or ordinance
Furthermore, the YARMOUTH 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:
Name Municipal Ordinance or Bylaw
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:
Town of Yarmouth Wetland By-law Chapter 143
Name Municipal Ordinance or Bylaw
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.
WPA Forth 5
R— r»mn
Page 4 of 7
WPA FORM 5 - ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 4A OF 7
SE 83-1544 - MALCOLM NOLEN
The applicant shall be responsible for having a copy of these "Orders of Conditions" on
the job site at all times. Failure to do so may result in a revocation of the "Orders", 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.
3. 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 driveway shall be constructed of pervious materials such a s gravel, stone, seashells or
other similar materials.
5. Gutters and downspouts directed into drywells shall be installed to provide for roof runoff.
6. A haybale dike shall be staked in place as show n 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.
7. This dike shall constitute a "work limit line". No work of any kind shall be permitted on
the wetland side of this line.
8. Any area proposed for removal of vegetation for a period of more than seven days, shall
be mulched or otherwise treated to prevent erosion.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
DEP File Number:
SE 83-1544
Provided by DEP
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
4-09-01
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).
Sig
On zo
1 iA of /1urA
Day Month and Year
before me personally appeared „
to me known to be the person described in and who executed the foregoing instrument and
acknowledgeMthelshe cute th s eas his/ r free act and deed.
Notary Pu lic L My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on 0 by certified mail, return receipt requested, on
Date
4-09-01
Date
WPA Form 5
R— morn
Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
DEP File Number:
SE 83-1544
Provided by DEP
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.
YARMOUTH
Conservation Commission
WPA Form 5
Rw n7w
Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
.y
D. Recording Information (cont.)
DEP File Number:
SE 83-1544
Provided by DEP
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
YARMOUTH
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Lot 58, White Cedar Rd., W. Yarmouth SE 83-1544
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
for.
Barnstable
County Book Page
Elliot C. Nolen
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:
4-09-01
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
WPA Form 5 Page 7 of 7
R. minn
YARMOUTH CONSERVATIO14 COMMISSION
NOTICE
Notice is hereby given of the intent of
Malcolm Nolen
327 West 19'h Street
New York, N.Y. 10011
To construct a single family dwelling, detached garage, guest house and all other work
appurtenant thereto at Lot 58, White Cedar Road, West Yarmouth, MA in accordance with the
plans filed with the Yarmouth Conservation Commission.
Hearing on the above will be held in the Yarmouth Town Hall, Route 28, South Yarmouth, MA
on Thursday, March 15, 2001 @ 7:30 p.m.
PHILIP E. MAGNUSON, CHAIRMAN
CONSERVATION COMMISSION
TOWN OF YARMOUTH
aMassachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands DEP File Number
WPA Form 3 - Notice of Intent F—SE S3 -1-5
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 for DEP use only
Please type or
print clearly all ` General Information and Town of Yarmouth Wetlands Protection Bylaw, Chapter 143
information
requested on this 3. Property Owner (if different from a.;r
1. Applicant:
form. Elliot C. N C `J I�
Malcolm Nolen Name
Name 162 Clinto
327 West 19th Street _
z Mailing Address
d C) Mailing Address Brooklyn
CY.Q New York City Town
aCrry/Town NY 11201D.E.P
z NY 10011 State
w
w p., State Zip Code
w>-I00
.a v 4. Summary of Project Impacts:
O Phone Number
U H a a. Is any work being proposed in the Buffer Zone?
7 Q t a, Fax Number (d applicable)
a a¢
Q of No L Yes
z E-Marl Address (if applicable)
If yes, how many sq. ft.?
i 2. Representative (if any): approx. 22,000 sf w/in Buffer Zone to Coastal Bank
Hamlyn Consulting Square Feet
Firm
Lynne Whiting Hamlyn b. List the impacts of proposed activities on each wetland
Contact Name resource area (temporary and permanent impacts, prior to
690 Thousand Oaks Drive restoration or mitigation):
Mailing Address Resource Area Size of Impact (e.g., sq. ft.)
Brewster
City;7own
MA 02631
State Zip Code
(508)394-5803
Phone Number
(508)394-5803
Fax Number (d applicable)
hconsult@gis.net
E-Mad Address (if applicable)
Project Description
1. Project Location: 2. Registry of Deeds:
(West) Yarmouth Barnstable
C6y/Tovm County
Lot 58 White Cedar Road
Street Address Book
9 9
Assessors Map/Plat r Parcel/Lot N Page
143101
Certificate (d Registered Land)
Rev. 10/98 Pagel of 5
11
Massachusetts Department o f Environmental
Protection�t
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
DEP
for DEP use only
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
Please type or
print clearly all ' General Information
and Town of Yarmouth Wetlands Protection Bylaw, Chapter 143
y p
information
3. Property Owner (if different from applicant):
requested on this 1. Applicant:
form.
Elliot C. Nolen
Malcolm Nolen
Name
Name
162 Clinton Street
327 West 19th Street
Mailing Address
Mailing Address
Brooklyn
New York
City/Town
City/Town
NY 11201
NY 10011
State Zip Code
State Zip Code
4. Summary of Project Impacts:
Phone Number
a. Is any work being proposed in the Buffer Zone?
Fax Number (d applicable)
No Yes
E-Mail Address (if applicable)
If yes, how many sq. ft.?
2. Representative (if any):
approx. 22,000 sf Win Buffer Zone to Coastal Bank
Hamlyn Consulting
Square Feet
Firm
Lynne Whiting Hamlyn
b. List the impacts of proposed activities on each wetland
Contact Name
resource area (temporary and permanent impacts, prior to
690 Thousand Oaks Drive
restoration or mitigation):
MailingAddress
Brewster
Resource Area Size of Impact (e.g., sq. ft.)
Cdy7own
MA 02631
state Zip Code
(508)394-5803
Phone Number
(508)394-5803
Fax Number (Japplicable)
hconsult@gis.net
E-Mad Address (if applicable)
c Project Description
1. Project Location:
(West) Yarmouth
City/Town
Lot 58 White Cedar Road
Street Address
9 9
Assessors Map/Plat i Parcelkot p
2. Registry of Deeds:
Barnstable
County
Book
Page
143101
Cendtcaie (d Registered Land)
Rev.10/98
Page 1 of 5
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
Project Description (cont.)
3. Project Description:
4. Plan and/or map references (list title and date):
Proposed construction of a single-family dwelling,
-Title 5 Site Plan prepared for Malcolm Nolen
detached garage, guest house with balcony, out -
by Down Cape Engineering, Inc., dated 2/26/01
door shower, subsurface septic system, driveway
- Landscape plan for Malcolm Nolen Residence
and parking area; and landscaping to include stone
by Huriuchi Solien, dated 2/27/01
walls, terraces, walkways, gardens, hedgerow and
lawn.
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:
Square Feet to be altered
_Inland Resource Areas Coastal Resource Areas
Cubic Yards to be dredged
Inland Bank :] Coastal Beach
Land Subject to Flooding:
V Bordering Vegetated Wetland ❑ Barrier Beach
- Bordering:
ElRocky Intertidal Shore
L—' Coastal Dune
Square Feet to be altered
±� Coastal Bank
Cubic Yards filled or displaced
V Salt Marsh
- Isolated:
b. Proposed activities located, in whole or in part, in
Wetland Resource Area(s) (Complete all that apply):
Square Feet to be altered
Inland Resource Areas
Cubic Yards filled or displaced
Bank:
Coastal Resource Areas
Linear Feet to be altered
Salt Marsh:
Bordering Vegetated Wetlands:
Square Feet to be altered
Square feet to be altered
Coastal Dune:
Square Feet to be replicated or restored
Square feet to be altered
Cubic Yards/Volume to be removed
Rev. 10/98 Page 2 of 5
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
Activities Subject to Regulation (cont.)
Land Under Ocean:
Square Feet to be altered
Cubic Yards to be dredged
Beach:
Square Feet to be altered
Rocky Intertidal Shore:
Square Feet to be altered
Land Under Salt Pond:
Square Feet to be altered
Cubic Yards to be dredged
Coastal Bank:
Linear Feet to be altered
Designated Port Area:
Square Feet to be altered
Land Containing Shellfish:
Square Feet to be altered
Fish Run:
Linear Feet to be altered
Riverfront Area
i. Name of waterway (if available):
ii. Width of Riverfront Area (check one):
L: 25 feet - Designated Densely Developed Areas only
L 100 feet - New agricultural projects only
i- 200 feet - all other projects
iii. Mean annual high-water line determined by:
(check all that apply)
L Changes in soil; vegetation; water marks; scouring
Top of bank (inland rivers)
First observable break in slope
Mean annual flood level
C 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:
Square Feet
vi. Proposed alteration of Riverfront Area:
Total Square Feet
Square Feet within 700 h. from bank
Square Feet between 100 and 200 ftfrom bank
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 Form (attached)
so Other Method of Determining BVW boundary (Check all
that apply and attach documentation):
iv 50% or more wetland indicator plants
Saturated/inundated conditions exist
Groundwater indicators
.r Direct observation
Hydric soil indicators
Credible evidence of conditions prior to disturbance
Rev. 10/98 Page 3 of 5
iaMassachusetts 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
Activities Subject to Regulation (cont.)
3. Sites Subject to Special Protection
a. Is any portion of the proposed project located within
estimated habitat which is indicated on the most recent
Estimated Habitat Map of State -Listed Rare Wetland
Wildlife published by the Natural Heritage and Endangered
Species Program?
Yes ✓ No
2000-2001 (submitting to NHESP nevertheless)
Date of Map
If yes, include proof of mailing or hand delivery of NO1 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 ✓ 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 ✓ No If yes, describe which exemption applies to
this project:
a. Is the project located in the Riverfront Area:
Yes ✓ No
If yes, indicate the proposed project purpose:
Single family home
Residential subdivision
Commercial development
Industrial development
Transportation
Other - describe:
b. is any portion of the proposed project located within an
Area of Critical Environmental Concern (ACEC)?
Yes ✓ No If yes, provide name of ACEC (see
Appendix D for ACEC locations):
ACEC
c. Is any portion of the site subject to a Wetlands
Restriction Order under the Inland Wetlands Restriction Act
(M.G.L. c. 131, s. 40A) or Coastal Wetlands Restriction Act
(M.G.L. c.131, s. 105)?
Yes No
If yes, attach a copy of the Restriction Order to the NO1.
b. Was the lot where the activity is proposed created prior to
August 1, 1996?
Yes L' No
4. a. Describe how the project will meet all performance
standards for each of the resource areas altered, including
standards requiring consideration of alternative project
design or location. Attach additional sheets, if necessary.
see attached
b. Stormwater Management:
The project is exempt from the DEP Stormwater Policy:
✓ Yes . No If yes, explain why the project is exempt:
single family dwelling
If no, stormwater management measures are required.
Applicants are encouraged to complete Appendix :
Stormwater Manaaement Form and submit it with the
Notice of Intent.
Rev. 10/98 Page 4 of 5
Discussion of Proposed Activity
The applicant proposes the construction of a single-family dwelling, detached garage,
guest house with balcony, outdoor shower, subsurface septic system, driveway and
parking area; and landscaping to include stone walls, terraces, walkways, gardens,
hedgerow and lawn on Lot 58 White Cedar Road, West Yarmouth, MA. Construction is
to occur within the Buffer Zones to a Salt Marsh, Bordering Vegetated Wetland and
Coastal Bank.
The wetland line shown on the accompanying Title 5 Site Plan delineates the landward
edge of the BVW adjacent to the Salt Marsh. The BVW consists primarily of groundsel
tree (Baccharis halimifolia) growing upgradient of the high tide bush (Iva frutescens); the
landward limit of the high tide bush approximately delineates the salt marsh. The top of
the Coastal Bank was delineated in accordance with Wetlands Protection Program Policy
92-1: Along the eastern side of the property the top of bank occurs at the 100-year flood
elevation, contour 12, where the run-up slope is greater than 10 percent but less than 25
percent. Along the northern side of the property, the top of bank is located at the top of
slope adjacent to the Salt Marsh; landward of the top of bank, the slope is less than 10
percent.
The Coastal Bank does not supply sediment to the coastal system; it is a vertical buffer to
storm and flood waters. In accordance with 310 CMR 10.309(6), any project on or
within 100 feet of the Coastal Bank shall have no adverse effects on the stability of the
bank. The project, as proposed, meets this performance standard. Foundations are to be
located a minimum of 50 feet from the top of Coastal Bank. A work limit line is to be
established with double -staked hay bales or trenched siltation fencing a minimum of 35
feet from the top of the Coastal Bank prior to any construction and shall be maintained to
project completion, including the stabilization of sediments.
A single septic system has been designed for eight bedrooms to accommodate both the
main house and the guest house. The system design complies with Title 5 and Town of
Yarmouth Health Regulations, and in accordance with 310 CMR 10.03(3), impacts from
the sewage disposal system discharge are presumed to protect the interests of the
Wetlands Protection Act.
The driveway and parking area are to be constructed of crushed stone.
The landscaping shall be done in accordance with the Landscape Plan by Horiuchi Solien
for Malcolm Nolen Residence, dated 2/27/01. The terraces are to be constructed of dry -
laid modular bluestone. The stone walls are to be mortared; the easterly wall is to be flush
with the proposed lawn and the northerly wall is to be a seatwall, elevated 18 inches
above the lawn. An evergreen hedgerow is proposed to be planted along the westerly
side of the proposed driveway and parking area. Lawn area is to be underlain with 8
inches of organic loam. Disturbed areas between the stone walls and the work limit line
shall be vegetated with naturalizing plant species.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
DEP
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
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 site.
• 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 NO1.
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).
No fee shall be assessed for projects of the federal govern-
ment, the Department of Environmental Protection, or cities
and towns of the Commonwealth.
Applicants must submit the following information (in
addition to pages 1 and 2 of Appendix B) to confirm fee
payment:
11502
2/27/01
Check number Check date
Down Cape Engineering, Inc.
Payor name on check
Malcolm Nolen
Applicant name (if different from payor)
Signatures an mittal 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.
Signature ofapplicant Date
Signature4propertyowner _ / Date
Svgnajure of representative 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
the applicant to send copies in a timely manner may result in
dismissal of the Notice of Intent.
Rev. 10/98 Page 5 of 5
Abutters to the Project Locus
Lot 58 White Cedar Road, (West) Yarmouth
Assessor's Map 9, Parcel 9
Assessor's Map 9
Parcel 8 Peter Rathbone
Alanna Rathbone
24 Llewellyn Drive
New Canaan, CT 06840
Parcel 7 James C. Brady, Jr., Trustee
The Brady GI-60 Nominee Trust
P.O. Box 351
Gladstone, NJ 07934
Parcel 6 Colin Phipps
c/o Charles Stamper
Bessemer Tr CO — NA Tax Dept
New York, NY 10111
Parcels 5, Arnold B. Chase
& 1 Great Island Realty trust
P.O. Box 118
West Yarmouth, MA 02673
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AFFIDAVIT OF SERVICE
Under Massachusetts Wetlands Protection Act
and the Town of Yarmouth Wetlands Protection Bylaw, Chapter 143
I, Melissa Freedman, hereby certify under the pains and penalties of perjury
that on March 1, 2001, 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 filed under the Massachusetts Wetlands
Protection Act and the Town of Yarmouth Wetlands Protection
Bylaw, Chapter 143, by Malcolm Nolen with the Yarmouth
Conservation Commission on March 1, 2001, for property
located at:
Lot 58 White Cedar Road
(West) Yarmouth
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: March 1, 2001
Melissa Freedman
Hamlyn Consulting
690 Thousand Oaks Drive
Brewster, MA 02631
(508)394-5803
HAMLYN CONSULTING -- A- 14
690 Thousand Oaks Drive, Brewster, MA 02631 • Phone & Fax: (508) 394-5803
March 1, 2001
Dear Abutter:
Notice is hereby given of the intent of
Malcolm Nolen
327 West 19th Street
New York, NY 10011
for the proposed construction of a single family dwelling, detached garage, guest house
with balcony, outdoor shower, subsurface septic system, driveway and parking area; and
landscaping to include stone walls, terraces, walkways, gardens, hedgerow and lawn at
Lot 58 White Cedar Road, (West) Yarmouth, MA (Assessor's Map 9, Parcel 9).
This is in accordance with plans filed with the Yarmouth Conservation Commission.
The hearing will be held on Thursday, March 15, 2001, 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,
V _
Melissa Freedman
Hamlyn Consulting
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A!LE ROAD CLASSIFICATION
Primary highway, Light -duty road, hard or
hard surface improved surface
Secondary highway,
hard surface Unimproved road
Interstate Route U S Route State Routc
OJA�;/,NSLE
shown in purple ccr,, lel, I" --perz*,,on with State c1
ssach,jsetts agencies from aerial Ph-)ljE,-aphs taken 1977 and ottc,
rce data. This information not field Chc,_I,ed. Mal) edited 1979
HYANNIS, MASS.
N4136.5—W7015/6 X 7.5
1974
PHOTOREVISED 1979
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