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HomeMy WebLinkAbout2019 RDA® a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ❑ c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Yarmouth Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Noaforml doc Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Yarmouth C,wfown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information Important: When filling out 1. Applicant: forms on the Christine Meimaris chrismeimaris@gmail.com computer, use Name E -Mail Address only the tab key to move your 55 Sullivan Road cursor - do not Mailing Address use the return West Yarmouth MA 02673 key. Cityrrown State Zip Code 508-944-8660 Phone Number Fax Number (if applicable) e 2. Representative (if any): The S & E Companies Firm Shannon Goheen shannon@thesecompanies.com Contact Name E -Mail Address 195 Route 28 Mailing Address Commission East Harwich MA 02671 City/Town APR 18 2019 State Zip Code 774-212-2947 508-432-1578 Phone Number Fax Number (if applicable) RECEIVED B. Determinations 1. 1 request the Yarmouth make the following determination(s). Check any that apply: _ Conservation Commission ® a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ❑ c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Yarmouth Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Noaforml doc Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Yarmouth u¢yi i own WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Sullivan Road West Yarmouth Street Address City/Town 47/51 Lot # 20 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): From the pond edge to the front of the house is NHESP Priority Habitat of Rare Species. The property on the water side consists primarily of native Carex pensylvanica sedge nearer to the back of the house and moss and Gaultheria procumbens towards the water. Native vegetation lines the border between the cleared yard area and the water, and clusters of native vegetation line both sides of the property (appears to be Clethra and perhaps native Azalea), extending into the yard in irregular clumps. Four leyland cypress (2 per border) were added in recent years to use as screening. A wooden walkway was built perhaps in the 1980's by the current owner's now deceased parents that traverses the area between the deck and the water's edge. The owner's parents also planted three Pinus strobus to the NE of the house. The pines create nearly complete shade in the sideyard. c. Plan and/or Map Reference(s): Landscape Plan for Chris Meimaris Title 615 C L► V"51'2 MA P � (� 1-1 Z -7,,a ' Title 4-18-19 Date 11-1I- I Date RK C`, b PLC1 PLANA R -P ~ L6T__U2L 10-3cC Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The owner is desirous of screening from her neighbor to the NE for privacy and to block off a view of garbage cans and clutter. She would also like a flat, safe area away from the wooden sidewall of the house and any shrubs or trees to safely grill food. To avoid disturbance of native trees, shrubs, and groundcovers, the areas into which screening trees/shrubs could go are very limited. There is only one area that is accessible to the deck and the back sliding doors of the house for the grilling area. This plan seeks to find the best, least disruptive way to solve these three issues (screening, safe grilling and clutter screening) as well as to deliniate the mossy area from the sedge area with a low cultivar of a native plant (as shown on plan of 4/18/19. In order to create a modicum of order in the back yard, the plan is to remove the sedge and rough grass and replace it with Colonial/Heritage seed. About 4' off the NE edge of the back of the house is a drop in grade that is uncomfortable to traverse. The owner would like to smooth that drop and the back area slightly for easier passage around the house. The plan submitted with this application shows the approximate locations of screening trees and shrubs that were pre- determined on the land before being drawn to assure that their placement would be appropriate. The owner would like to remove the pines to allow for light, and thus allow for a viburnum hedge to screen the garbage/clutter of the neighbor but understands that likely only one removal would be allowed, and would choose the pine closest to the NE lot line for removal. The grilling area is currently used as a path by visitors and needs to be safe for grilling and traffic so the plan is to create a slightly raised area filled with crushed native stone (for drainage) to solve the two issues. wpaforml doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Yarmouth City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ® Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) Plot plan for home was dated 10/30/80 by R.J.O'Hearn,lnc. RLS, RS and the WPA Order of Conditions was issued on January 8, 1981. wpaforml.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Yarmouth WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Christine Meimaris Name - 55 Sullivan Road _ Mailing Address West Yarmouth City/Town MA 02673 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. 4-18-19 Signature of Applicant Date Signature of Representative (if any) Date wpaformt.doc Page 4 of 4 ---------- - - - HORSEPOND Li Y RNq BIG Q„ SANDY POND a(l.� O ecrswmrc �f LJ DNTE OFIATEST MAP REVISION: &t1AB TAX MAP ---- r55 56 57 j PIFORMATION SHOWNHEREON is Fp 100 so O 7W zoo �I TOWN OF YARMOUTH 4,6 ,� SHEET PURPOSESONLY. NOLUIBI FOR ERRORM Feet , A UMM-ETOw OPYARMOU . BARNSTABLECOUNTY, MASSACHUSETTS47 38139!40.. OLIVER http://maps.massgis.state.ma.us/map_gl/oliverphp?lyrs=NBESP Prio... OLIVER: MassGIS's Online Mapping Tool OLIVER Updates 0 It) tow sullivan road west yam,ou {Zoom to a town 1 of 1 4/18/2019,1:43 AM a■ .I - �s-roNE St19LC L1N Df X11' �P�t Vie_ RICHAR9 �'yG /�� RICHARD �iSu, O HEARN Pi PROPOSED PLOT -PLAN MASS. 9 7 R. J. OWEARIV, INC., RL S, RS 1348 ROUTE 134 EAST DENNIS, MASS. DATE: 8G SCALE: L_3o JOB N0. ,6Z--- CR. (IY __!_` _ SHEET l OF t__.. ' Tr M1 c0 LEGEND v SPOT ELEVATIONS 0.0 EXISTING = FINISHED FINISHED SPOT ELEVATIONS 0.0 .. CONTOUR— 0 .;-'APPROVED: BOARD OF HEALTH GATE AGENT 1 CERTIFY THAT THE PROPOSED BUILDING SHOWN ON THIS PLAN CONFORMS TO THE ZONING LAWS OF Y.9 rN,oi r&1 , 'MASS.. Alm SIT / - = r -rs�i ' r. n QRQvr Y,nP - 4-1 ry �t DECK �2' ; l - - Q LoT 2/ . 36 Y " f , 4 '. F'!.?flF�o... F!7 J',�' ,' !"_%` - pr. -•v w � u c v. ci AV 4- g8 v r N I -SEAT/C 0 !at TRNK Ii to Ity /00-4 7761A FJ 1/0 FT. D/119 EX ?TN > rc9/tF ! L -c ,9 r_-N%Nf' SUL.L/ V QAI eO,9D 40 WAY �s-roNE St19LC L1N Df X11' �P�t Vie_ RICHAR9 �'yG /�� RICHARD �iSu, O HEARN Pi PROPOSED PLOT -PLAN MASS. 9 7 R. J. OWEARIV, INC., RL S, RS 1348 ROUTE 134 EAST DENNIS, MASS. DATE: 8G SCALE: L_3o JOB N0. ,6Z--- CR. (IY __!_` _ SHEET l OF t__.. ' Tr M1 c0 LEGEND "EXISTING SPOT ELEVATIONS 0.0 EXISTING ONTOUR---0---- CONTOUR---O---- FINISHED FINISHED SPOT ELEVATIONS 0.0 FINISHED CONTOUR— 0 .;-'APPROVED: BOARD OF HEALTH GATE AGENT 1 CERTIFY THAT THE PROPOSED BUILDING SHOWN ON THIS PLAN CONFORMS TO THE ZONING LAWS OF Y.9 rN,oi r&1 , 'MASS.. Alm SIT / - = r -rs�i ' r. n QRQvr Y,nP �s-roNE St19LC L1N Df X11' �P�t Vie_ RICHAR9 �'yG /�� RICHARD �iSu, O HEARN Pi PROPOSED PLOT -PLAN MASS. 9 7 R. J. OWEARIV, INC., RL S, RS 1348 ROUTE 134 EAST DENNIS, MASS. DATE: 8G SCALE: L_3o JOB N0. ,6Z--- CR. (IY __!_` _ SHEET l OF t__.. .0 R�`r `- MATTACn ESE' Site acce6li authotization Jown DEPARTMENT OF CONSERVATION If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: 5 5 S LA � t v n3 T� p, MJ T .y 2M o tin Y rk , M A O 2 i -7 3 Assessors Map/Lot: 4 7 /S i I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: Wh=— Date: Please Print Name: 5)44AoON > N 2 6,0146614 HkA t-, rNtf- 4-1-7-iC1 If other than owner, please state whether tenant, agent, or other: A L- N i Mailing Address: i"C- 5 � 5 C4'T H�qP,vv1(Gt+ ,Mq 6 2L -7 k Phone: � D q - H � Z -- -7 .2 Z- b Cell: .� `7 Lk - Z 1 2 - 2'1 '-i -7 Email: P, Fax: 5 L) Z - l 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 DEPARTMENT OF CONSERVATION Town of Yarmouth Conservation Commission WAIVER "Please complete this form, siva at the bottom and return by mail or fax to the address indicated above." Date: �5 d )4 & c N - NU 1� K - hereby waive the twenty-one day time period for a public Name of Applicant or Representative hearing / meeting following receipt of my filing of; ❑ Notice of Intent Request for Determination of �XliplicabilitN ❑ Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 40, and/or under YarmouthWetland Bvlaw. The request was submitted on: 4 [is 12c) 19 for work at: SS Soul Iva Date Received in Conservation Dept. Location / Address of where work will be done Please be advised that you will be notified of the meeting date, once this application has been assigned to a Conservation Meeting Agenda. I am the: Applicant Applicant's Representative Property Owner (Signature) - Is, - (9 (Date) 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 MASSWILDLIFE May 3, 2019 Christine Meimaris 55 Sullivan Road West Yarmouth MA 02673 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth MA 02664 DIVISION OF FISHERIES &WILDLIFE RE: Applicant: Christine Meimaris Project Location: 55 Sullivan Road Project Description: Landscaping, Screening, Stone Patio Area NHESP Tracking No.: 19-38590 Dear Commissioners & Applicant: 1 Rabbit Hill Road, Westborough, MA 01581 p: (508) 389-6300 1 f: (508) 389-7890 MASS.G0V/MASSWILDLIFE The applicant listed above has submitted a Request for Determination of Applicability with site plans (dated 4/18/2019) to the Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the "Division"), in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.59). MA WETLANDS PROTECTION ACT (WPA) Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state -protected rare wildlife species. Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. MA ENDANGERED SPECIES ACT (MESA) Based on a review of the information that was provided, the Division has determined that this project, as currently proposed, appears to be exempt from MESA review pursuant to 321 CMR 10.14 which states: "[t]he following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18 through 10.23..." (13) the maintenance or replacement but not the expansion of existing lawns and landscaped areas" Any changes to the proposed project or any additional work beyond that provided may require a filing with the Division pursuant to the MESA regulations. MASSWILDLIFE NHESP No. 19-38590, Page 2 Please note that this determination addresses only the matter of state -listed species and their habitats. If you have any questions about this letter, please contact Emily Holt, Endangered Species Review Assistant, at (508) 389-6385. Sincerely, VI-, j-"/ Jonathan V. Regosin, Ph.D. Deputy Director cc: Shannon Goheen, The S & E Companies MASSWILDLIFE LA (-'r e DGE -- I C411 2. � I r "'OvoVIV Plwv V Tip LO t 1414 E I( A --r--t-A N T- L�sT A P-) E L A J+�A t -9 K C A 0 A -be I I -514A 0 j? 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S0Vs F, ` Postmark ` 01 v, APR "I 2019 e&ioK or ana Apr. Ivo., ar ry w. rvv. 2-o R. J_c R5 D p1R�v�r--- - T � 1�---------- -stale;- � .=.INti6r ice! v '2 3417 Fu 0 CO o, WESTQORt1tJGHly MA '01581 r� Certified Mail Fee ru $ $3 0 ,5 Extra Services & Fees (check box, add fee. an ❑Return Receipt (hardcopy) $ 1" ru O ❑ Return Receipt (electronic) s—$0-00* M ❑ Certified Mail Restricted Delivery $i� fir _ C ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage m $1.30 11665 ^12 Here+p' APR 1 8 20191 rn V to $ Total Postage and Fees 119 $ $7,60 USP ` rr-1 Sent To r 42i A v_ r . ---- r 1- W -- Street and t. No., or ISUL Ifo. �` 81-1---L n -n Domestic j aFor delivery information, visit our website at www.usps.com". ..n WESjT YARMOUTHi MA 02673 (,- Certified Mail Fee c fU $ 3.0 E:3Extra Services &Fees (check bar, add tee . pZj f nate) El Return Receipt (hardcopy) $ ru❑ Ret— Receipt (electronic) $ $0„00 ,� Postmal'IS„,9 C3 ❑Certified Mal Restricted Delivery $ $ I ill •4.1 E3 ❑Adult Signature Required $ r. �O� \� W ❑Adult Signature Restricted Delivery $ f O Postage M $1.30 CO Total Postage and Fees r -q $ $7.60 r1] Sent To r -a Cqt2 -r 1��f M 1 _M-A� �' � ------------------------ $beef end t. IVo., o� IsD fox No. 17` S5 _ 'n 1 \_t+_ 1J R pity State, ZIP+4 ---------------- �J 3r 'AA02Mb'lAY14 MA U Z �'�� Grant, Kelly From: gardenwriter@verizon.net Sent: Tuesday, April 23, 2019 11:51 AM To: Grant, Kelly Subject: another request Hi Kelly, Could we get put on the June 6th agenda, instead of May 16th? I think that would be easier for all since I can't make that May date. Thank you, Shannon Goheen For: 55 Sullivan Road