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HomeMy WebLinkAbout83-2041To: From Re: Date: TOWN OF YARMOUTH CONSERVAT IION COMMISON 1146 Route 28 * South Yarmouth * Massachusetts 02664 Telephone (508) 398-2231 ext. 1288 * fax (508) 398-2365 Sandi Clark, Board of Appeals Kelly Grant Conservation Administrator 66A River Street August 25, 2016 On December 21s` 2015 the Conservation Commission issued Order of Conditions SE83-2041 to applicant Jeffery Chizmas of 66A River Street for the raze and replace of a single family dwelling. The approved plans include: • Site Plan 66A River Street, South Yarmouth, MA, Robert Perry, Cape Cod Engineering November 12, 2015 • Restorative Landscape Plan, Riverfront Area Restoration Relating to House Construction, 66A River Street, South Yarmouth, MA, Robert Perry Cape Cod Engineering, November 10, 2015 CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel./Fax 508-385-1445 / Fax 508-385-1446 bobperry(a capecod.net January 27, 2016 Yarmouth Conservation Department 1146 Route 28 South Yarmouth, MA 02664 RE: 66A River Street, S. Yarmouth — SE83-2041, , Recording Information Enclosed please find the Recording Information sheet for Order of Conditions SE83-2041 for applicant Jeff Chizmas. Please contact our office should you have any questions. Sincerely, Cape Cod Engineering, Inc. �4 ancy Ke� -4"— Yarmouth Conservation =29 comisio RECEIVED 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 Town of Yarmouth Wetland By-law, Chapter 143 G. Recording Information Provided by MassDEP: MassDEP File # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission 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: 66A River Street, South yarmouth SE83-2041 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date 0—26-2016 & 02 d 52co If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 11/12/2014 Page 12 of 12 \�( 0' \MATTACH E5 ,••(f. " - TOWN OF YARMOUTH CONSERVATION COMMISSION Acknowledgment of Receipt DEPARTMENT OF COMMUNITY DEVELOPMENT I / %3�<2 r j��•�� f- of�� (Name) (Business/Company) have received the following document(s) via hand delivery on this l' day of 20/5' at /a" 5-0 pm/am. ♦ Original Plan to be Copied and Returned SE83 - �� ♦ r&— r of Comma - &3��- ♦ Extension Permits SE83- ♦ Certificate of Compliance SE83- S@=2 . ♦ ORAD SE83- ♦ Determination of Applicability (Street Address, Owners Name) Signature Yarmouth Conservation Commission - 1146 Route 28 - South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 - Fax (508)-398-0836 - TTD# (508) 398-2231 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 A. General Information Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town Please note: Yarmouth this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Jeffrey Chizmas a. First Name b. Last Name Important: When filling out forms on c. Organization the 13 Jones Road computer, use only the d. Mailing Address tab key to Middleton move your e. City/Town cursor - do not use the 4. Property Owner (if different from applicant): return key. rab a. First Name ream c. Organization d. Mailing Address e. City/Town 5. Project Location: 66A River Street a. Street Address 43 c. Assessors Map/Plat Number Latitude and Longitude, if known MA 01949 f. State g. Zip Code b. Last Name f. State g. Zip Code South Yarmouth b. City/Town 37 d. Parcel/Lot Number 41d39m1s d. Latitude -70d11 m46s e. Longitude wpaform5.doc • rev. 11/12/2014 Page 1 of 12 in 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 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a. County b. Certificate Number (if registered land) 24340 106 c. Book d. Page 10/21 /2015 7. Dates: 12/03/2015 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan 66A River Street, South Yarmouth a. Plan Title Cape Cod Engineering Robert M Perry b. Prepared By c. Signed and Stamped by 11 /12/2015 1 in:20ft d. Final Revision Date e. Scale Restorative Landscape Plan 11/10/2015 f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. N Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ❑ Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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. wpaform5.doc • rev. 11/12/2014 Page 2 of 12 0 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 Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) Denied because: Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.06(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CM 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank 5. ❑ Bordering Vegetated Wetland 6. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage s. ® Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft a. linear feet b. linear feet c. linear feet d. linear feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. square feet d. square feet e. c/y dredged f. c/y dredged a. square feet 7102 a. total sq. feet 1540 c. square feet 5562 g. square feet 1io2 b. total sq. feet i54o d. square feet S56z h. square feet e. cubic feet h. cubic feet f. cubic feet i. square feet j. square feet wpaform5.doc • rev. 11/12/2014 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2041 WPA Form 5 — Order of Conditions MassDEP File# I \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a. square feet b. square feet 12. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 1B. ❑ Land Under Salt Ponds 19. ❑ Land Containing Shellfish 20. ❑ Fish Runs 21. ® Land Subject to Coastal Storm Flowage Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment cu yd cu yd a. sauare feet b. sauare feet c. nourishment d. nourishment a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. dy dredged d. c/y dredged a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbod'ies and Waterways, above 1550 I S 5 O a. square feet b. square feet piantin j uZVk wpaform5.doc- rev. 11 /12/2014 Page 4 of 12 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 Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) p o2ject2. lis for the 22. ❑ Restoration/Enhancement *: the purpose of restoring or a. square feet of BVW b. square feet of salt marsh enhancing a wetland 2'4 " Straam t rnccinn(c)- resource area in addition to the square footage that has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (Bvw) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 Y Y amount here. 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. Provided by MassDEP: S E83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town a. number of new stream crossings b. number of replacement stream crossings 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 12/21/2018 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wpaform5.doc • rev. 11/12/2014 Page 5 of 12 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 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: S E83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. 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. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the 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. 10. 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, "MassDEP"] "File Number SE83-2041 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 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. 15. 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. 16. 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. wpaform5.doc - rev. 11/12/2014 Page 6 of 12 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. 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. 18. 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. 19. The work associated with this Order (the "Project') (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5.doc • rev. 11/12/2014 Page 7 of 12 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 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc • rev. 11/12/2014 Page 8 of 12 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 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc • rev. 11/12/2014 Page 9 of 12 Massachusetts Department of Environmental Protection 7 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions (� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: S E83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached text pages, Special Conditions Pages 10A,1013 (etc...) of 12 wpaform5.doc- rev. 11 /12/2014 Page 10 of 12 WPA FORM S-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2041, Jeffrey Chizmas 66A River Street, South Yarmouth, MA 1. The applicant/owner shall be responsible for having a copy of the "Order of Conditions" on the job site at all times and shall be responsible for insuring that all persons performing the permitted activity are fully aware of its terms and conditions. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, its agent(s) or assigned(s) shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing compliance with the "Order of Conditions", "By -Laws" and "Regulations". Commission members and the Conservation Administrator may acquire any information, measurements, photographs, observations and/or materials or may require the submittal of any data/information deemed necessary by this Commission for that evaluation. 3. A preconstruction review shall be arranged by the contractor with the Conservation Administrator and shall occur prior to the commencement of any work. 4. Any change in the approved plan(s) shall require the Applicant to file, in writing, a notice of project change with this Commission. The Commission will determine the significance of the change and determine whether administrative approval or an "Amended Order of Conditions" is required. Should the project be changed without permission, or found by the Yarmouth Conservation Commission to be altered in any way from the approved plan(s), all work will immediately cease until the project is reapproved by the Commission. 5. The "Order of Conditions" is valid for three years from the date of issuance unless otherwise specifically noted in the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration date of the original Orders". Failure to do so will result in a new "Notice of Intent" filing. 6. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible fines. Fines shall not exceed $300.00 per day/per violation. 7. A "work limit" line shall be established with Erosion Controls (Le straw bales, staked filter fabric, bark mulch, "silt sacks," products made with rice straw, and other weed - free products or approved by the Commission.) Hay bales are not allowed. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures throughout the construction process. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2041 1146 Route 28, South Yarmouth, MA WPA FORM S-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE83-2041, Jeffrey Chizmas 66A River Street, South Yarmouth, MA 8. No work of any kind shall occur on the Resource Area side of the work limit line. This line shall be established prior to any construction or work. 9. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous concrete, rubber, metal, trash, boulders, etc. Boulders will be allowed in specific instances if part of the project design. 10. Debris, including litter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator or in a covered dumpster. No debris shall be allowed in a Wetland or Waterway. 11. Washing of equipment/tools shall be done OFF -SITE or handled in a manner appropriate by the Conservation Administrator. 12. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 13. The driveway shall be constructed of pervious materials such as crushed stone, gravel, seashells, or other similar materials. This is an on -going condition that does not expire with the issuance of a Certificate of Compliance. 14. Gutters and downspouts directed into adequately sized drywells shall be provided for roof drainage. The Commission may also allow "drip trenches" instead of gutter systems. At no time shall roof run off be directed to a wetland resource area or abutting properties. 15. Grading shall be accomplished so that runoff shall not be directed to the property of others. The project shall not increase runoff, nor cause flooding or storm damage to abutters other property owners or wetland Resource Areas. 16. Any area that is disturbed during construction shall be revegetated immediately or as soon after as the growing season commences, with appropriate native plantings. Permanent stabilization shall be carried out in order to minimize erosion. 17. Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the wetland resource area. This is an on -going condition that does not expire with the issuance of a Certificate of Compliance. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2041 1146 Route 28, South Yarmouth, MA WPA FORM S-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10C OF 12 SE83-2041, Jeffrey Chizmas 66A River Street, South Yarmouth, MA 18. A stamped "As Built Plan" shall be certified by the Design Engineer (Massachusetts registered Professional Engineer or land Surveyor) and will certify that this project has been completed in accordance with the "Order of Conditions" before a Certificate of Compliance will be issued. The as -built plan shall indicate the structure location, gradients, distances to the resource areas, and other pertinent information described in the application and approved plans. Any deviation from the approved plan shall be identified. 19. Upon completion of the project, a "Request for a "Certificate of Compliance" shall be submitted by the applicant to the Conservation Commission for review. The "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued by the Conservation Commission and recorded at the Registry of Deeds. Yarmouth Conservation Commission 508-398-2231 Ext. 1288 SE83-2041 1146 Route 28, South Yarmouth, MA Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions 11� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Provided b MassDEP: _SE8 _20L41 MassDEP File # eDEP Transaction # Yarmouth City/Town 1 12-1 /2-015 1. Date of Issuance 2. Number of Signers 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, if not filing electronically, and the property owner, if different from applicant. /9 n Si! Z) by hand delivery on 12�2 l CIS Date F. Appeals ❑ by certified mail, return receipt requested, on Date 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 MassDEP 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 Request for 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpaform5.doc • rev. 11/12/2014 Page 11 of 12 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 G. Recording Information Provided by MassDEP: SE83-2041 MassDEP File # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission 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: 66A River Street, South yarmouth SE83-2041 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 11/12/2014 Page 12 of 12 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. r� A. Request Information 1. Location of Project a. Street Address b. City/Town, Zip DEP File Number: Provided by DEP c. Check number d. Fee amount 2. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Name Mailing Address City/Town State Zip Code Phone Number 4. DEP File Number: B. Instructions Fax Number (if applicable) 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 wpaform5.doc - rev. 11/12/2014 Page 13 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) DEP File Number: Provided by DEP Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass..Qov/eea/agencies/massdep/about/contacts/). 4. 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. wpaform5.doc • rev. 11/12/2014 Page 14 of 12 YARMOUTH CONSERVATION COMMISSION ADDRESS: "4 ;Rtr APPLICANT: DATE OF MEETING: 12— a� —/ REPRESENTATIVE (if any): GREEN RECEIPTS: COMPLETE INCOMPLETE (explain) LEGAL AD $$: PAID NOTICE OF INTENT (NOI) Openi NO CE OF INTENT (NO ) Continuation SE83- Other: NOT PAID (explain) TYPE OF HEARING REQUEST FOR DETERMINATION (RDA) Opening REQUEST FOR DETERMINATION (RDA) Continuation REQUEST TO AMEND AN ORDER DECISION: Votes: (list last names) NOI RFD/RDA For: Against A roved Neg # Bishop Bishop Denied Pos. # Carr Carr Continued Continued Durkin t �� Durkin Hoopes f Hoopes Johnston? Johnston Russano Russano DISCUSSION: (approval conditions, denial reasons, continuation reasons) Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ICI Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. 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 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information Provided by MassDEP: �;'C 193 - 2oW MassDEP File Number Document Transaction Number Yarmouth City/Town 1. Project Location (Note: electronic filers will click on button to locate project site): 66A River Street S.Yarmouth a. Street Address Latitude and Longitude: 43 ✓ f. Assessors Map/Plat Number 2. Applicant: Jeffrey a. First Name b. City/Town 41 39' 1" d. Latit e 37 g. Parcel /Lot Number Chizmas b. Last Name f%n&n A c. Zip Code -70 11' 46" e. Longitude c. Organization 13 Jones Road d. Street Address Middleton MA 01949 e. City/Town f. State g. Zip Code 617-285-1246 h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Robert Perry a. First Name b. Last Name Cape Cod Engineering, Inc. c. Company PO Box 1517 d. Street Address East Dennis MA 02641 e. City/Town f. State g. Zip Code 508-385-1445 508-385-1446 bobperry@capecod.net h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $750.00 $362.50 $387.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc - rev. 11/24/2014 Page 1 of 9 Y Massachusetts Department of Environmental Protection L�Bureau of Resource Protection - Wetlands i WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information (continued) 6. General Project Description: Raze and replace a single family dweilling in a Riverfront Area 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Z Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Other Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town 2. ❑ Residential Subdivision 4. ❑ Dock/Pier 6. ❑ Coastal engineering Structure 8. ❑ Transportation 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes Z No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 24340 106 c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing 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. wpaform3.doc • rev. 11/24/2014 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Bank 1. linear feet 2. linear feet For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland 1. square feet 2. square feet please attach a narrative c. ❑ Land Under 1. square feet 2. square feet explaining how Waterbodies and the resource Waterways area was 3. cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. ❑ Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. ® Riverfront Area Bass River 1. Name of Waterway (if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only Z 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 24,000 square feet 4. Proposed alteration of the Riverfront Area: 7102 1540 5562 a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Z Yes ❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? 3. Z Coastal Resource Areas: (See 310 CMR 10.25-10.35) wpaform3.doc - rev. 11/24/2014 Page 3 of 9 Massachusetts Department of Environmental Protection.+ poi tttj _ ,..;> nt::; s Bureau of Resource Protection - Wetlands u `'"'`` .N Mkt; _rye# � , ��. WPA Form 3 — Notice of Intent=y.=a:._ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ''''°` Yarmoutu h Town of Yarmouth Wetland By -Law, Chapter 143 City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing 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. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt b. ❑ Land Under the Ocean 1. square feet page) with all supplementary information you 2. cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation I. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. ❑ Land Containing Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged 1. ® Land Subject to 1550 Planting work Coastal Storm Flowage 1. square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 11/2412014 Page 4 of 9 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 Town of Yarmouth Wetland By -Law, Chapter 143 C. Other Applicable Standards and Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatorry review/priority habitat/online viewer.htm. a. ❑ Yes ® No 2008 b. 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 1 Rabbit Hill Road Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA tiling which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). 1c. Submit Supplemental Information for Endangered Species Review` 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work " (a) ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc - rev. 11/24/2014 Page 5 of 9 Massachusetts Department of Environmental Protection t Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont°d) (c) ❑ MESA filing fee (fee information available at http://www.mass.ciov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and may to NHESP at above address Projects altering 10 or more acres of land, also submit. (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (0 OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street — 3rd Floor New Bedford, MA 02740-6694 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. wpaform3.doc • rev. 11/24/2014 Page 6 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page) with all supplementary a. ❑ Yes ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ® No. Check why the project is exempt: 1. ® Single-family house 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ® 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. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc - rev. 11/24/2014 Page 7 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File'Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown D. Additional Information (cont'd) 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Site Plan 66A River Street, South Yarmouth, MA a. Plan Title Cape Cod Engineering, Inc. b. Prepared By October 21, 2015 d. Final Revision Date Robert M. Perry, P.E. c. Signed and Stamped by As noted e. Scale f. Additional Plan or Document Title g. Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8.0 Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NO1 Wetland Fee Transmittal Form) to confirm fee payment: 8046 10/5/2015 2. Municipal Check Number 3. Check date 8045 10/5/2015 4. State Check Number 5. Check date Cape Cod Engineering, Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc - rev. 11/24/2014 Page 8 of 9 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 Town of Yarmouth Wetland By -Law, Chapter 143 F. Signatures and Submittal Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission 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. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of th project location. ". ,/ Ins I s 1. Si nat e bVAt61ikJt 2. Date 3. Signature of Property �iffer 4. Date r Zv / r 5. Signature of Repres tative (if y) For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions 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. wpaform3.doc • rev. 11/24/2014 Page 9 of 9 107 ON �\� ��AQW,I Dili i,ir.,ll'g19' c _ ® U. I ' i _ - - •..sac �, ��.oQ �� � I, I� Portion or 0SUS Dennis Quaarangie 03 10, 1 66A River Street, S.Yarmouth 1 MILE MN, GN 1000 JVVO wuuu 5000 6000 7000 FEET 1 .5 0 1 KILOMETRE iV2 MILS 0*47' CONTOUR INTERVAL 10 FEET 14 MILS NATIONAL GEODETIC VERTICAL DATUM OF 1929 DEPTH CURVES AND SOUNDINGS IN FEET —DATUM IS MEAN LOW WATER SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN HIGH WATER THE^MEAN^RANGE OF TIDE IS APPROXIMATELY 9.5 FEET a� N b tl p a CO 10 V �1 CO � Q LL 0 f a � v o 0 t3�nta w.wo may( a sY Locus Map Assessors Map 43 Parcel 37 66A River Street S. Yarmouth �y 43/ 40/ MACBETH ROBERT A MACBETH ELIZABETH J 10 MEADOW AVE CUMBERLAND, RI 02864-4244 43/ 39/ CLARK JOHN R PRATT CAROLYN J 332 CONCORD RD WAYLAND, MA 01778 43/ 38/ COWEE HOWARD W C/O JONATHAN C WOOD 82A RIVER ST SOUTH YARMOUTH, MA 02664-6020 43/ 33/ SHAY MICHAEL 25 GOODINGS END YARMOUTH, ME 04096-6102 43/ 32/ R / ODGERSKENNETH C/O PINE BASS LLC 400 ATLANTIC AVE BOSTON, MA 02110 43/ 30/ RODGERS KENNETH W C/O PINE BASS LLC 400 ATLANTIC AVE 130STON, MA 02110 / 43/ 31/ 614 REALTY LLC C/O ALAN LEVENTHAL 200 STATE ST FL 5 BOSTON, MA 02109-2605 43/ 34/ DAVIES CAROLYN S 100 KEYES RD APT 306 CONCORD, MA 01747 43/ 36/ WOOD JONATHAN C WOOD DEBORAH J 82A RIVER ST SOUTH YARMOUTH, MA 02664 October 22, 2015 Please use the signature below to certify the owners within 100' of 66A River St, Yarmouth, MA. C 4YIA Cheryl Wheeler Appraisal Asst/Asst/ Assessor Y.3 /3�- 4- Abutting Properties for 66A RIVER ST YARMOUTH, MA 43/ 37/ / / (100 feet) Location: 43/ 40/ / / 82 RIVER ST Owner: MACBETH NBERT A MACBETHBETHJ 10MEADOE CUMBERLAND, RI 02864-4244 Location: 43/ 33/ / / 258A PL SANT ST Owner: SHAY MICH L 25 GOODING END YARMOUTH, ME 04096-6102 Location: 43/31/// 246EkPLEASANT ST Own`e 614 RE TY LLC C/O ALA EVENTHAL 200 STATE ST FL 5 BOSTON, MA 02109-2605 nllf Location: 43/ 39/ / / 78 RIVER ST Own CLAR OHN R PRATT ROLYNJ 332 CON ORD RD WAYLAND, MA 01778 Location: C)o 43/ 32/ / / Location: 43/ 38/ / / 82A RIV ST Owner: CO WEE HO ARD W C/O JONATH C WOOD 82A RIVER ST ;CI SOUTH YARMOUTH, MA 02664-6020 Location: 43/ 30/ / / PLEASANT ST ;�-4 �p© (� 246A PLEASANT ST Owner: Owner: RODGERS KENNETH RODGERS NANCY J �" RODGERS KENNETH W RODGERS NANCY J 136 MARINERS LN 136 MARINER LN BAYSHORE, NY 11076 BAY SHORE, NY 11706 Loc tion: 43! /// 256A ASANT ST Owner: DAVIES C ROLYN S 100 KEYES RD APT 306 CONCORD, MA 01747 7/29/15 Location: 43/ 36/ 66 IVER ST Own WOOD NATHAN C WOOD D RAH J 82A RIVER S SOUTH YARMOUTH, MA 02664 Please use the signature below to certify to owners within 100' of 66A River St, South Yarmouth, MA. Martha Golenski Senior Office Asst. 43.22 M43.13 , I 43A5 -11L. Owner Name Location 43.16 42.91 J -S-3 7-;: MZ514-- �2:13152 Z 42.82 43,12 43.35 146M 42.92 42.95.1 Owner Namai 43.11 - Location: -SA z2k DID: E-Es 43.10 1 LAzzeazed Vsluw S' IC2 i,-- 3 1 42.115 e,.% Pcpet, B-ate Dage 43.9 42.112 42.113 4, 37 42.118 43-8 Fee_ 4 42.133 43.41 f to Exce 42.132 43.7 43.42 i butter. Pri", %lb Labeis 43•6 43.43 43.4 43.5 -H42.123 43.3 3CCft 43.2 (c) 2013 Vision Government Solutions, Inc. All rights reserved. 66A River Street, S. Yarmouth 100 ft. Abutter Map NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSE17S WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the, Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Jeffrey Chi zmas B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c.131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is 66A River , St . , S . Yarmouth D. Proposed work is Raze and replace a single family dwelling E. F. G. in a Riverfront Area Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more in#ermatinn, call (508) 398-2231 ext. 1299. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 508-385-1445 Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext.1288 H. Person sending this notification (applicant, representative or other) Cape Cod Engineering, Inc. Name Robert M. Perry Address PO Box 1517 Town E . Dennis State MA Zip 02641 Telephone 508-385-1445 NOTES: • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. PROJECT NARRATIVE 66A RIVER STREET, SOUTH YARMOUTH, MA The 66 A River Street site is a residential property established since the early 1960's. The site is very open and level with an existing wood framed single family dwelling, pea stone driveway, typical landscape amenities, mostly an open lawn expanse. The lot is bounded on the east by the Bass River a tidal water body. The land diminishes in elevation as it gradually drops to the Bass River,Shore. Wetland resources are coastal and include Coastal Beach, Salt Marsh, Land Subject to Coastal Storm Flow and the Riverfront Area associated with the coastal tidal river, Bass River. A grade analysis of the waterfront portion of the site shows no regulatory coastal bank formation due to the relatively shallow discontinuous slope of the land form. Resource area boundaries and buffer zones are indicated on the plan. The project activity involves demolition of the existing dwelling and construction of a replacement dwelling with other site amenities including a patio with small swimming pool, related terrace wall and full site restoration landscaping. Work activity can effectively be segregated from the waterside coastal resource areas by a work limit and associated silt fencing. These measures are indicated on the site plan. The stable, sandy site is level and poses no significant threat of unrestrained storm water runoff. Soil type is of a Carver series according to the County soil survey consisting of well graded clean sand. Observations confirm this. The work involved is typical in all respects with singlefamily home construction but must be undertaken consistently with proper practice to appropriately manage and control the effects of construction. Hence the Conservation review process. With the project work site segregated from the coastal flood zone and the other coastal resources, the primary resource area under consideration is the. Riverfront Area. The proposed activity is considered a redevelopment project under the regulations of 310 CMR 10.58. An accounting of land area values accompanies this narrative and is on the site plan. Performance Standards Excerpted segments of the applicable Riverfront Area regulations ( 310CMR 10.58 ( 5) & ( 6)) are included for reference. (6) Notwithstanding the Provisions of 310 CMR 10.58(1) through (5). Certain Activities or Areas Are Grandfathered or Exempted from Requirements for the Riverfront Area: (b) Certain minor activities as identified in 310 CMR 10.02(2)(b)1. The proposed patio with pool area replaces existing turf lawn and / or over lies the existing house and deck site and may be considered eligible for consideration under this section. From 310 CMR 10.58 ( 5) • "Work to redevelop previously developed riverfront areas shall conform to the following criteria: (a) At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131.640. When a lot is previously developed but no portion of the riverfront area is degraded, the requirements of 310 CMR 10.58(4) shall be met. • The project replaces the existing dwelling and creates an outdoors recreational platform, e.g. patio with pool that replaces the existing turf lawn. This redevelopment occurs on the river side of the dwelling but can be found to improve the capacity of the RA to protect the listed interests because the patio surface is inert, and does not require lawn care products or irrigation. The dwelling replacement improves conditions with regard to flood protection and is no closer to the RA than the existing dwelling. (b) Stormwater management is provided according to standards established by the Department. The site ground characteristics are not being changed significantly so the primarily level terrain will remain. The patio surface is being drained into very well sized leach pit drywells and the dwelling shall have roof drains with groundwater recharge. Typically "rsidential projects are not subject to DEP strormwater standards. (c) Within 200 foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25 foot riverfront areas, except in accordance with 310 CMR 10.58(5)(1) or (g). The proposed dwelling is no closer to the river boundary. The patio and pool are closer but do not cause for alteration closer than the existing conditions which consist of existing house, deck, and lawn areas. With respect to (f) & (g), the applicant proposes to restore th remaining lawn area in the 100 ft. RA constituting 1,700 s.f. of native shrub planting area in place of the existing lawn. Given the application of the "minor projects" listed in 310 CMR 10.02 (b) it may be found that the mitigation / restoration is not required, however the applicant is currently accepting that it will have benefits for wetland interests. (d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundarw and away from the river, except in accordance with 310 CMR 10.58(5)(fl or (g). The alternative of shifting the redevelopment an inordinate distance back was rejected. The proposed dwelling is sited a fair distance farther back from the existing dwelling location. Restoration within the RA is proposed. (e) The area ofproposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(t) or (g)This limit must be cast in light of the beneficial factors involved in the exempted projects referenced above and the restorative work as mitigation. 69 When an applicant proposes restoration on -site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: • removal of all debris, but retaining any trees or other mature vegetation: • grading to a topography which reduces runoff and increases infiltration: • coverage by topsoil at a depth consistent with natural conditions at the site: and • seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site: This section is not applicable. The applicant is not proposing to restore on -site degraded areas. (g) When an applicant proposes mitigation either on -site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5) (c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. M_ itigation may include off -site restoration of riverfront areas, conservation restrictions under M. G.L. c. 184, 66 31 through 33 to preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR 10.00, the purchase of development rights within the riverfront area, the restoration of bordering vegetated wetland, projects to remedy an existing adverse impact on the interests identified in M.G.L. c. 131, ¢ 40 for which the applicant is not legally responsible, or similar activities undertaken voluntarily by the applicant which will support a determination by the issuing authority of no significant adverse impact. Preference shall be given to potential mitigation proiects, if any, identified in a River Basin Plan approved by the Secretary of the EOEA..... " Taken as a whole, the property renovation ( redevelopment) does not necessarily require a square footage analysis. The inclusion of proposed features such as the patio 2 with the included pool as minor projects because they are proposed within established lawn areas greater than 50 ft. from the MHW line defy a strict land area evaluation. Modernizing the dwelling, shifting it back, improving flood protection, elimination of turf lawn both by patio occupation and by restorative planting within the 100 ft. RA can be found to be a project that fully meets with the intent of the above regulations and performance standards. The project shall be undertaken by accessing the work area via the existing driveway with staging of equipment and materials on the west side. All activity can be confined by an appropriate work limit silt fence, staked fabric backed up by straw bales. Landscape shall be highly similar to the existing appearance but with a heavy native shrub coverage on the riverfront side. A landscape plan is available: Alternatives - Alternatives to a single family house raze and replace project (redevelopment) are typically discussed in the context of the project type, the subject lot only and pre-existing conditions. The scope of alternatives can be limited to substantially equivalent projects that serve the project purpose. We can summarize these comparitive issues as follows: • There are an unlimited number of options for reconfiguring the dwelling, with larger or smaller dwelling sizes. The alternatives discussion presumes that a size variation that would still fit to the applicants goals will have either slightly greater ( for a larger house) or slightly lower ( for a smaller house) impacts. Reducing the house size radically offsets the applicant's project purpose. • The elevation variation as alternative options will cause for no significant lesser or increased impacts. • The location for the proposed building is a factor that is changeable. The applicant's goal is to retain the general aspect for view purposes. Shifting the building more landward places it more behind the adjacent buildings. The current proposal shifts the building back 7 ft. on the south and 12 ft. on the north. • The location of the patio and small pool would seem to be a significant item relating to variable impacts resulting from location or extent. The recreational area which today is a deck with an expanse of turf lawn land area from the 1960's is offered as the optimal location for the applicant's continued enjoyment of this area relating to project purpose. Most will agree. However, as mentioned in the performance standard review, the tradeoff of turf lawn to a properly drained patio ( pool within it) surface eliminates the typical activates associated with lawn care in an area in close proximity to the river. The alternative of selecting a location to the west of the dwelling, for example, would result in the likelihood of the lawn area persisting within the 100 ft. RA. Eliminating the patio feature will both not serve the project purpose but will also have a likelihood of the lawn persisting in the zone. Mitigation measures: • A suitable work limit of silt fence backed by straw bales surrounds the work area within the buffer. • A covered roll off bin shall be onsite for debris containment and disposal. • The house and patio shall have storm water runoff handled via drains to the street -scale leaching drywells. • As indicated in the RA analysis, most of the existing lawn area on the water side of the existing house shall be eliminated. The above -described project meets with the applicable performance criteria for approval. Massachusetts Department of Environmental Protection L17� Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Important: When filling out forms on the computer, use only the tab key to move your cursor- do not use the return key. td A. Applicant Information 1. Location of Project: 66A River Street a. Street Address #8045 c. Check number 2. Applicant Mailing Address: Jeffrey a. First Name c. Organization 13 Jones Road d. Mailing Address Middleton e. City/Town 617-285-1246 South Yarmouth b. City/Town $362.50 d. Fee amount Chizmas b. Last Name f. State 01949 g. Zip Code h. Phone Number I. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number I. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category Fee should be calculated using the following process & worksheet. Please see Instructions before fee list and 9 9 examples in the filling Out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetl.doo • Wetland Fee Transmft Form • rev.10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee CAT 2a) Construction of a SFD in a 1 $500 x 1.5 $750.00 Riverfront Area (R.A. ) Step 5/Total Project Fee: $750.00 Step 6/Fee Payments: Total Project Fee: $750.00 a. Total Fee from Step 5 State share of filing Fee: $362.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $387.50 c. 112 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) noifeeg.doc • Wetland Fee Transmitlel Form • rev.10111 Page 2 of 2 Muldoon, Kerry From: SERO_NOI (DEP) <sero_noi@state.ma.us> Sent: Friday, October 30, 2015 9:06 AM To: Bartow, Mark (DEP); bobperry@capecod.net Cc: SERO_NOI (DEP); Muldoon, Kerry; SERO_NOI (DEP) Subject: MassDEP NOI File Number COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Date: 10/30/2015 Municipality YARMOUTH RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): Applicant JEFFREY CHIZMAS Address 13 JONAS Owner ROAD,MIDDLETON MA Address 66A RIVER STREET, Locus YARMOUTH MA This project has been assigned the following file # : SE 083-2011 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: Regards, for MassDEP, (508)-946-2746 Mark. B artow(a-),State.MA.US 1 YARMOUTH CONSERVATION COMMISSION ADDRESS: aA 2 -/. APPLICANT: DATE OF MEETING: REPRESENTATIVE (if any): GREEN RECEIPTS: COMPLETE INCOMPLETE (explain) LEGAL AD $$: PAID NOT PAID (explain) TYPE OF HEARING OTICE OF INTENT (NOI) REQUEST FOR DETERMINATION (RDA) Opening Opening NOTICE OF INTENT (NOI) Continuation SE83- Z Other: REQUEST FOR DETERMINATION (RDA) Continuation REQUEST TO AMEND AN ORDER DECISION: Votes: (list last names) NOI RFD/RDA For: Against Approved Neg # Bishop Bishop genie_ Pos. # Carr Carr ontinued Continued Durkin Durkin Hoopes Hoopes Johnston Johnston Russano Russano DISCUSSION: (approval conditions, deriial reasons, continuation reasons) CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. sox 1517 East Dennis, MA 02641 Tel./Fax 508-385-1445 / Fax 508-385-1446 bobperryna capecod.net November 11, 2015 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: 66A River Street, S. Yarmouth; SE 83-2041 To the Conservation Commission, We are submitting copies of a landscape plan with concentration on the inner riparian zone restoration. Eastern Red Cedar hedges on each side and other native varieties are indicated for the outer riparian zone but that zone is predominately surrounding the dwelling and is intending to have typical New England native non-specific foundation plants. The applicant intends to preserve and work around the existing oak tree on the northeast. Perimeter vegetation shall be preserved. Another large oak tree to the northeast near the lot line has died from gall wasp infestation and must be removed. The applicant intends to plant more trees in the body of the lot away from the windier coastal zone outside of Conservation jurisdiction. Also attached is a revised site plan due to the fact that the applicant has reduced the size of the dwelling. The reduction is best illustrated by the reduction in the building depth from 57 ft. to 52 ft. (Sketch attached.) The reduction in dwelling size is reflected in the revised Riverfront Area values on the plan. The dwelling was shifted 3 ft. north to improve the view to the southeast since it is slightly behind the house to the north. The DEP file number SE83-2041 is indicated on the plan also. The landscape plan specifies a work limit to be installed at the boundary of the turf lawn area. The site plan specifies 2 work limits, one at the boundary of the turf lawn and the other to confine building construction activity. We look forward to further the review at the Conservation Commission hearing of 11/19/15. Sincerely, Cape Cod Engi ing, Inc. R ert M. y V Off'' \ ,k � � o � vx m V ' 2 D m �mm x I En v ��m ss N VIP, OAOS 1 loo tp OF F y('°G 40,'B 0 `O -y�� 0 \-VIC � tip OS \ \ F` to/ \ \ to�� / S \\Z�F`O.Vl. .=15.0 N >>? BOUNDARY (MAPPED)_ + FCC 92.E /° ti /7` � � � \ F°Fl X he O �\ \ O \ A \ o L \�O LS �� r, r r* x rn II D C _ « z D C oc Oc