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HomeMy WebLinkAboutCompiled_15Park_Ave_NOI_20201118 Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 15 Park Avenue, West Yarmouth Notice of Intent Raze and Replacement of Single-family Dwelling Town of Yarmouth Conservation Commission November 2020 Prepared for: Michael Lenzi 810 Merrimack Avenue Dracut, MA 01826 BSC Job #50245.00 November 19, 2020 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Notice of Intent Application, Raze and Replacement of a Single-Family Dwelling, 15 Park Avenue, West Yarmouth, Massachusetts BSC Job #50245 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Michael Lenzi (the Applicant) for the property located at 15 Park Avenue, West Yarmouth, Massachusetts (the Site). The project consists of the raze and replacement of an existing Single-family dwelling. Portions of the proposed work will occur within the 0-50- foot Buffer Zone to Coastal Bank, within the 100-200-foot portion of Riverfront Area to an unnamed perennial stream, and within the outer limit of the 100-foot Buffer Zone to Salt Marsh. For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protections By-law. If you have any questions or require additional information, please contact me at (508) 778 - 8919. Truly yours, BSC Group, Inc. Hannah Raddatz Wetland Scientist cc: Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Michael Lenzi, 810 Merrimack Avenue, Dracut, MA 01826 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 NHESP Priority & Estimated Habitat Map 5 FEMA Map 6 Photo Page 7 Abutter Information 8 Site Plans 9 Town of Yarmouth NOI Application Forms 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 Revised February 2016 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. Applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioner’s packet a week before the meeting. Failure to follow the Administrative Checklist guidelines shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Contact the office if you need assistance. Submitting an Application: ______ 1 original application with original signatures (double sided). ______ 7 copies of the first and second page of the Notice of Intent (double sided). ______ 8 copies of a comprehensive and detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall document how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other supporting information. ______ 8 copies of the plan, folded separately, right side out with title visible and attached to each application. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. ______ A pdf file of the application, supporting information, and plan emailed to kgrant@yarmouth.ma.us ______ An 100’ radius map, abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list can be obtained online at http://gis.vgsi.com/yarmouthma/ and must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. _______ Submit the proof of mailing via Certified Mail Receipts (PS From 3800) for all abutters, DEP, Massachusetts Natural Heritage and Endangered Species Program, Massachusetts Division of Marine Fisheries, US Army Corps of Engineers or as required. DEPARTMENT OF CONSERVATION x x x x x x x 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 Revised February 2016 Page 2 of 2 ______ Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his representative must provide the Conservation office proof that this has been done or the filing will not be accepted. ______ State filing fee: separate check, Refer to Wetland Fee Transmittal Form. ______ By-law filing fee: separate check payable to “Town of Yarmouth”. ______ Legal ad fee: separate check payable to “Town of Yarmouth”. ______ One copy of application, plan, and any other supporting information shall be sent “Certified Mail” to Department of Environmental Protection Southeast Region, 20 Riverside Drive, Route 105, Lakeville, MA 02347 ______ DEP share of the fee (refer to NOI form) shall be sent to Dept. of Environmental Protection Box 4062 Boston, MA 02211 Other Comments: Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? x x x x x 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 Site Access Authorization Form General Information: 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: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ 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: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION 15 Park Avenue, West Yarmouth, MA 20/39.1 11/17/2020 Hannah Raddatz Agent 349 Route 28 Unit D West Yarmouth, MA 02673 508-778-8919 hraddatz@bscgroup.com Notice of Intent Form wpaform3.doc • rev. 2/8/2018 Page 1 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 15 Park Avenue a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.646915 d. Latitude -70.269672 e. Longitude 20 f. Assessors Map/Plat Number 39.1 g. Parcel /Lot Number 2. Applicant: Michael J. a. First Name Lenzi, SR., Trustee b. Last Name The Park Avenue Realty Trust c. Organization 810 Merrimack Avenue d. Street Address Dracut e. City/Town MA f. State 01826 g. Zip Code h. Phone Number i. Fax Number mlenzi@lenzicatering.com 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): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc. c. Company 349 Main Street (Route 28), Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $750.00 a. Total Fee Paid $362.50 b. State Fee Paid $387.50 c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 2 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town A. General Information (continued) 6. General Project Description: The proposed project involves the raze and replacement of a single-family dwelling with pervious patio and associated landscaping. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 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 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 209503 b. Certificate # (if registered land) 29645 c. Book 253 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. 2/8/2018 Page 3 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged 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 Unnamed Perennial Stream 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 5,850 square feet 4. Proposed alteration of the Riverfront Area: -230 a. total square feet 0 b. square feet within 100 ft. -230 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 2/8/2018 Page 4 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH 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 document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged 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 l. Land Subject to 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. 2/8/2018 Page 5 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – 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://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No 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 MASS GIS 2020 b. Date of map 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.2.f, 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 filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area 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/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). 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. 2/8/2018 Page 6 of 9 4 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 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.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail 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 (f) 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, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@state.ma.us North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North@state.ma.us 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. 2/8/2018 Page 7 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? 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 W etland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 2/8/2018 Page 8 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town 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. Plan of Land a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 11/2/2020 d. Final Revision Date 1" = 20' 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. 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 NOI Wetland Fee Transmittal Form) to confirm fee payment: 3675 2. Municipal Check Number 11/18/2020 3. Check date 3676 4. State Check Number 11/18/2020 5. Check date Michael 6. Payor name on check: First Name Lenzi 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 15 Park Avenue a. Street Address West Yarmouth b. City/Town 3676 c. Check number $362.50 d. Fee amount 2. Applicant Mailing Address: Michael a. First Name Lenzi b. Last Name c. Organization 810 Merrimack Avenue d. Mailing Address Dracut e. City/Town MA f. State 01826 g. Zip Code h. Phone Number i. Fax Number mlenzi@lenzicatering.com j. Email Address 3. Property Owner (if different): Michael J. a. First Name Lenzi, Sr. Trustee b. Last Name The Park Avenue Realty Trust c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. 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. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 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 of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 2 a.) construction of single-family dwelling 1 $500.00 $750.00** **RFA 1.5 multiplier Yarmouth Bylaw Fee: $200.00 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. 1/2 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.) Project Description Notice of Intent 15 Park Avenue West Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 15 Park Avenue, in West Yarmouth (the Site) involves the raze and replacement of an existing single-family dwelling and a proposed pervious patio. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act (WPA) and the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw). 2.0 SITE DESCRIPTION The property located at 15 Park Avenue, in West Yarmouth, is bordered on all sides by single- family homes. The wetland resource areas and areas of conservation jurisdiction on or adjacent to the Site, that are protected under the Wetlands Protection Act and the Town of Yarmouth Wetland Protection Bylaw include: • Riverfront Area to Unnamed Perennial Stream (RFA) • Coastal Dune • Salt Marsh • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF), FEMA Flood Zone AE (elevation 11) and VE (elevation 13) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Raze and Replace Existing Single-family Dwelling and Pervious Patio: The proposed project involves the raze and replacement of an existing single-family dwelling and the construction of a pervious patio. The proposed 16-foot by 20-foot pervious patio will be placed over existing lawn. The proposed single-family dwelling will be built largely on the foundation of the existing single- family dwelling, with a reduction of 55 square feet (sf) compared to the existing dwelling. This placement of the proposed dwelling will not result in an increase of structure or impervious areas within the Buffer Zone to Coastal Bank and Salt Marsh, or within RFA. To mitigate for a portion of the pervious patio proposed and single-family dwelling within the 35-foot Buffer Zone to Coastal Bank, 230 sf of mitigation planting area is proposed over existing lawn to further reduce impacts to the Buffer Zone to Coastal Bank, Salt Marsh, and RFA. No work is proposed within LSCSF or the 100-foot Buffer Zone to Coastal Dune. Through the placement of the proposed dwelling on the existing foundation, reduction of the size of the proposed dwelling, and the establishment of a mitigation planting area over existing areas of lawn, this project will result in a reduction of impacts to RFA by 276 sf and limited impacts to the 100-foot Buffer to Coastal Bank (totaling in 314 sf) and 100-foot Buffer Zone to Salt Marsh (totaling in 224 sf). All work areas are within previously disturbed portion of the Buffer Zone to Coastal Bank and Salt Marsh, as well as RFA. Therefore, no significant impacts to the aforementioned resource areas are anticipated as a result of the proposed work. See the attached Project Plan for more information. Notice of Intent 15 Park Avenue West Yarmouth, MA 4.0 ALTERNATIVES ANALYSIS No Build Scenario: In this scenario, the single-family dwelling and pervious patio would not be constructed as proposed. This scenario would not only be unfavorable for the applicant, but would also not provide the proposed benefits to the 100-foot Buffer Zone to Salt Marsh and Coastal Bank, as well as RFA, through the planting of native species within the mitigation planting area. The proposed project will serve to reduce impacts to the RFA and will only result in minimal impacts to previously disturbed portions of the 100-foot Buffer Zone to Coastal Bank and Salt Marsh. Therefore, this scenario would not be beneficial to the interests of the applicant or of the WPA and the Yarmouth Bylaw. Increased Impact Scenario: In this scenario, the total size of the proposed single-family dwelling would be increased to either match the existing footprint of the existing single-family dwelling or would expand beyond the current foundation. A non-pervious patio or deck could also be proposed in the place of the pervious patio. This alternative would result in an increased impact to the surrounding Resource Areas and their associated Buffer Zones. Therefore, this scenario would not be beneficial to the interests of the WPA and the Yarmouth Bylaw. Proposed Scenario: In the proposed scenario, detailed under Section 3.0, the proposed single- family dwelling would be built over the current foundation of the single-family dwelling, and would result in a 55-sf reduction in the overall structure. This configuration of the proposed dwelling would reduce ground disturbance within the 100-foot Buffer Zones to Salt Marsh and Coastal Bank, as well as RFA. Further, the construction of the pervious patio over existing lawn would not result in the addition of impervious impacts to the aforementioned resource areas. These betterments, along with the proposed 230-sf mitigation area to be planted within the 0-35- foot Buffer Zone to Coastal Bank, the 0-50-foot Buffer Zone to Salt Marsh, and the 0-100 foot RFA, would serve as an additional, natural buffer to the aforementioned resource areas. Therefore, this scenario would be the most beneficial to the interests of the WPA and the Yarmouth Bylaw. 4.0 MITIGATION Before work begins on the site, a line of erosion controls, likely consisting of staked straw bales/waddles, would be installed at the limit of work. These erosion controls will be maintained and remain in place until the site is stabilized. Access for this project will be gained from the upland portion of the site. The existing single-family dwelling will be demolished, with all removed structural components and debris placed in a roll-off container stationed in the upland. Any debris getting into the resource areas will be removed as soon as possible. No permanent impacts to resource areas are anticipated as a result of this work. Once the project is completed all disturbed areas of lawn will be loamed and seeded. A mitigation planting area, totally in roughly 230 sf, will also be planted in the northwestern corner of the property within portions of the 0-50- foot Buffer Zone to Salt Marsh and Coastal Bank, as well as RFA. See the attached Landscaping Plan for more information of the mitigation planting area. USGS Site Locus Map Copyright:© 2013 National Geographic Society, i-cubed 70°16'0"W 70°16'0"W 70°17'0"W 70°17'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: \\bscbos\yar\Projects-YAR\5024500\Environmental\GIS\Output\Maps\MXD\ReportMaps\15ParkAve\15ParkAve_LOCUS_Map.mxdDate Saved: 11/12/2020 12:16:55 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed 15 PARK AVENUEWEST YARMOUTH, M AUSGS Site Locus Map(pa ge size: 8.5 X 11) 1 inch = 1 ,6 67 fe et 0 850 1,700 Feet H Site Locus NHESP Priority & Estimated Habitat Map kj kj kj 70°16'0"W THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:15 PARK AVENUEWEST YAR MOUTH NHESP Map USGS 2008-2009 NHESP 2017 ESRI World Imagery ESRI World Topo ± 1:3 ,00 0 0 130 260 Feet 1 inch = 250 feet Legend NHESP Priority Habitats of Rare Species NHESP Estim ated Habitats of Rare Wildlife kj Certified Ver nal Pools kj Potential Vernal Pools Site Locus Date Saved: 11/12/2020 5:49:10 PMDocument Path: \\bscbos\yar\Projects-YAR\5024500\Environmental\GIS\Output\Maps\MXD\ReportMaps\15ParkAve\15ParkAve_NHESP_Map.mxd FEMA Map USGS The National Map: Orthoimagery. Data refreshed April 2020 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 8/21/2020 at 4:45 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°16'30"W 41°39'2"N 70°15'52"W 41°38'36"N Photo Page Photo 1: View of the southern face of the existing single family dwelling and lawn. Looking West. Photo 2: View of vegetated edge of property located northeast of Salt Marsh and the bank of the unnamed perennial stream . Looking Southwest Site Photographs November 2020 15 Park Avenue West Yarmouth, MA Page 1 Abutter Information 20/ 40/ / / LEAHY MARTHA A TRS LEAHY FAMILY TRUST 5 TAFT ST NASHUA , NH 03060 20/ 37/ / / BOLTON KAREN M 8 GROVE ST REALTY TRST 88 NORTHERN BLVD NEWBURY , MA 01951 20/ 39.1/ / / LENZI MICHAEL J TRS LENZI SANDRA M TRS 7 BRIANNA WAY DRACUT , MA 01826 20/ 35/ / / QUINLAN DONALD F TRS QUINLAN PATRICIA TRS 11 GROVE ST WEST YARMOUTH , MA 02673 20/ 58/ / / LUTTAZI SHIELA O TR (LIFE ESTATE SHIELA O LUTTAZI LIVING TRUST 18 PARK AVE WEST YARMOUTH , MA 02673 20/ 62/ / / PECKHAM RICHARD W 28 PARK AVE FRNT WEST YARMOUTH , MA 02673 20/ 61/ / / LUTTAZI CRISTIN F ROSENTHAL DANIEL R 22 PARK AVE WEST YARMOUTH , MA 02673 20/ 36/ / / GRAVELINE ANDREA TR GROVE STREET NOM TRUST PO BOX 398 HOPKINTON , MA 01748 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS 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 ____Michael Lenzi__________________________________ 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 _15 Park Avenue, West Yarmouth____ D. Proposed work is ___raze and replacement of single-family dwelling in footprint of existing dwelling and pervious patio.___ E. 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 information, call (508) 398-2231 ext. 1288. F. 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 _508-778-8919_____________________ G. 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) Name _Hannah Raddatz_____________________________ Address __349 Route 28 Unit D_______________________ Town _West Yarmouth________ State __MA_____ Zip _02673____ Telephone ___508-778-8919__________________ 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. Site Plan