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HomeMy WebLinkAboutRDA - deck (2)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 A. General Information Important:1. Applicant: When filling out forms on the Christine Meimaris chrismeimarisnargmail. com computer, use only the tab key to move your 55 Sullivan Road cursor - do not use the return West Yarmouth MA 2673 key. (508)944-8660 FmA 2. Representative (if any): B. Determinations 1. 1 request Yarmouth make the following determination(s). Check any that these se-- -a '"men"^ ssren apply: 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 wpafo-l.doc Page 1 of 5 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 e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 55 Sullivan Road West Yarmouth 47 51 b. Area Description (use additional paper, if necessary): The area where the proposed work will occur is upland, likely wooded prior to 1980 with Clethra, Prunus and other shrubs and ground covers, such as Carex pensylvanica, typically adjacent to fresh water pond buffer zones. c. Plan and/or Map Reference(s): 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary) My existing deck, the design of which dates back to circa 1980 when my parents built this house, can only manage a small table and chairs. <y grill is currently on the ground near my woods. Access to it poses a trip hazard and the wind off the water regularly blows it over. An expanded deck will contain my furniture and the grill while making use of the area directly outside my sliders far safer. The current deck is 12'x16' and the proposed expanded deck is 16'x32'. The expanded deck remains outside of the buffer zone and it has the great added benefit of keeping visitors largely off the property that lies within the buffer as I will no longer have the need (as I do now) to use it for recreation . I believe this project is a win/win for my home and the health of the land. wpaf—l.doo Page 2 of 5 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 The area is currently covered with Carex pensyvancia. At the west most edge of the proposed construction, some small Clethra may be stepped on to accommodate the installation of deck C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor 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 wpaf—l.doo Page 3 of 5 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 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.) 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: wpaf—l.doc Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 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 Christine Meimaris 55 Sullivan Road West Yarmouth MA Signatures: 2673 Yarmouth 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. ,vfxafOTMI doc Page 5 of 5 - - ,vfxafOTMI doc Page 5 of 5 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 Christine Meimaris 55 Sullivan Road West Yarmouth MA 2673 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. wpaf—l.doo Np5of5 THE REGISTER cupecod.wickedlocuixont Thursday, May 14, 2020 B3 Legala YARMOUTH.CCGPUBLIC HEARING ;21! LEGAL NOTICE TOWN OF YARMOUTH CONSERVATION COMMISSION The Yannuuth i; on;ervat. on Commission will conduct publ,c tied(- n��1s pwsuanl to the Massacnusells Vs Ad. M.G.1-Chapter 131. Section 4U the Town of Ya nn own Wetland B -law Chapter 143 on Thursday May 21. 2020. begqinning at 3.30 p.m. for the lollowing mailers Please vole that the Yannouul Conservation Commossror, meeling v.ill be held b�� remote participation put. so and toiassaehuselts Governor Charles D. Bakers Order Suspending Certain Pig,�S,Ons of the Oppen Meeting Law dated March t2. 2U2U. No in-person adendance of members of he puokcwill be penmtledbol the public can listen to ander view [his meating wn0e in progress by atlenoing ,he online vutual meelinq or watchmG the live slr earn on the Tour l Yon mouth YouTube channel For puo tic hearingg members of the pucbc anendmy the online wnual meeting adl be allgv+ed to make comments it the) wish to 10 so. duanyy the portion o, the heating oesignatetl for public -om meal. Every efto-1 .,If be made to ensure I11.1 the public can adeauptaly access the proceedings iii real hone via technotuorcat memis. In the event thol we are unable to du sodespite best efforts. we .,it[ post on the sown s websile an audio or video recuoding Iransutl�1 qr other cornpoehenslve reco,J of proceedmgs as soon as po;- ;;ble aIle, the meeling. Spec4ic intormahun too rentole panic.- pation by rnembets Of the public and,' i �arIes with a light and'or ,equaernenl o attend this meeling ;hall be provid ad on the Notice of Meelin to be pub- lished at least 48 hows before the "eel g. The Notice of Meelmg and meeling materials will be posted on the town; •.v ebsne at hltp ,www.yaunouth.nla.—AgendaCe nter. It is rewmmended that phone parlicipanl5 acCes; rndle-Ils in advance of Ilia n.eelmq. Request for Determination of Applicability* Christine Metmahs. 55 Sullivan Road West Yarmoutnpro sod deck a,pan- sWn within the buffo! 'One tc 8- Sandy Pond Requesr for Amended Order of Conditions SE63-2041 3emev i:humas. 66A River Street. South Yarmouth, roque;l ;C amend an —smig older JI Condr- :wns ..11, re-yradmy ofnoogah.n mea :U reduce stuallwateF runolf, Notice of Intent: Andrew 5 Cynthia Richards 1069 Great Island Road West Yanuomn � rop,sed oa,e and replace of a sulgte- amdy dwelling in the butter tone to a coastal beach anti „oastai bank on Nentuckel Sound. The above apphcahons are a+allabfe 10, review by' address al htlp �'wwro�.yamloulh.ma.us, I uU I Colline-Services of by contacting Kelly Grant "k0, k ranidyani 11 .�ma.6; behveen ,-1 0 a.m. and 4 , p.m- Monday through Fnday. liTh,s toq al notice may be vieweu an- ne at flit aGGaehuse0s Newspaper PM ubhsner, Association tMNPAI web- site at http.-inasspubbcoolice;.00g. LU Hoopes. Chmi mai Yannout Conservalion Co . . .... ss.on AD; 130893 �U The Registe, :F• Ir�d Flett, Dawn-Marie From:Chris Meimaris <chrismeimaris@gmail.com> Sent:Wednesday, May 6, 2020 11:32 PM To:Flett, Dawn-Marie Subject:Fwd: Meimaris Request for Determination of Applicability Attachments:Request for Determination of Applicability Meimaris.pdf; ATT00001.htm; AFE98F2A-088E-4794-9342-52A9AA24A172.jpeg; ATT00002.htm Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hi Dawn-Marie, This is a forward of what I just sent to Kelly. I’ll be dropping of the packet with the copies, checks and certified mail receipt in the morning. Hope all is well at your end. Chris Meimaris Begin forwarded message: From: Chris Meimaris <chrismeimaris@gmail.com> Subject: Meimaris Request for Determination of Applicability Date: May 6, 2020 at 11:23:21 PM EDT To: Kelly Grant <kgrant@yarmouth.ma.us> Grant, Kelly From: chrismeimaris@gmail.com Sent: Wednesday, May 13, 2020 2:14 PM To: Grant, Kelly Subject: Re: Meimaris Request for Determination of Applicability Hi Kelly, Does this sketch make more sense? Best, Chris Sent from my iPhone On May 13, 2020, at 1:24 PM, Grant, Kelly <KGrantoyarmouth.ma.us> wrote: Hi Chris Can you please use this plan to sketch the location of the deck expansion. It will make it easier to understand. Thanks Kelly -----Original Message ----- From: Chris Meimaris[mailto:chrismeimarisggmail.com] Sent: Wednesday, May 6, 2020 11:23 PM To: Grant, Kelly <KGrant oyarmouth.ma.us> Subject: Meimaris Request for Determination of Applicability Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. <83-289.pdf> Rl . _ ` /� \ /1,4 \^ om a 050 .o \\ i ` �� 050 .o 55 adicLUM �-Y ' Dlfxk rwanr x o� covseacanoa `�-::��;.'� Qdn¢uzi�EYatiue C'(ecFft+t 92eque�t WY IDetetinmuuation ol( (IppfiwNtity Allfili filings must b milli yr FII filings must be made on Townonse a mic Commission o forms. All applicanew must a mbmay b ix'g weeks intone the Commii s imer sed cket a aek a ree nreetin - information may be accepted theinto C packet 'eek before the c hico . Failure to follow rhe Achrwill siranve checklist Pulic guidelines shall r to he eddndesrfee seeding levirAlsslication Contact me norabe advartisd for a Public Hearing. help guide themeetingand feeschedule Contact rhe office if you need assistance. We will be happy to help guide yrou through the process. JoasrntiVen an C>.!ir.'tldea, 1 anginal application with original accountants (double sided) If the applicant is not the propem Owner, please submit a signed copy of the Site Access Authonzatior Fonn. The owner must be sent a copy of the application on the same davit is filed with this office (proof of rr¢ilam, is required). ]copies of the first and second page of the application(double sided) with a comprehensive and detailed narratica of the project including existing & proposed conditions. construction sequence, tape of equipment. staging locations, drainage and sermwater, erosion controls. tit asire species management and alemati%e analysis. The narrative shall document hot% the Project meets performance standards per 310 CMR 100&TO) Wetland Bylaw. Chapter 143. BV W delineation sheets and other supporting information. 5 copies of the plan sketch. folded separately, fight side out with title risible and attached to each application. All plans shall reference NAVD1988 unless Othewise noted Landscape plans shall be detailed to show proposed & existing conditions. vative species. size and A- spacing. A pdf copy in the application, supporting information and plan sketch emailed m [a kgren)aooudrmevs. 1 copy of a Yarmouth Assessors locator map highlighting Parcells) where work is proposed, including map and parcel numbers. Local filing fee -separate check payable to "Toxo ofYatmomh". Legal ad fee -separme check payable to - Town of Yarmouth". One (1) copy of application and planhkeeh shall be sent to Depanmem of Em'irorvnrnral Protection. Southeast Region, 20 Ricerside Dri%e, Roue 105, Lakeville, MA 02347, I Submit the proof of mailing via Certified Mail Rissipm(PS From 3800) for DEP or others such as Masiracluneris Natural Tkni and Endangered iPec es Program, Massachusens Division of MarinFisheries. L'S Army Corps of Engineer nr property owner. Yarria ou la Corrsenrotion Commission • 1146 Route 28 • South Yarmouth, NA 02661-4492 Tel, (508)-398-2231 Ext 1288 • Fax (508)-398-0836 • TCDS (508) 398-2231 Revised primates 2016 Yarmouth Conservation Commission Voting Sheet Address 55 Sullivan Road gppjjepe(; Christine Milan is Date of Hearing: 5/21/2010 Owner. Lawrence Representative: Hoopes Proect Des r'o(on proposed deck expansion within the buffer zone to Big Sandy Pond. Green Receipts Complem Incompluln ex Plai til Segal Ad SS, Poltl Not Paid luzplainl TYPE OF HEARING Notice of Intent' Opening continued DEP File Number Cerzinate of compliance: opening Continued DECISION; Was of Intent Reaues[gfor Determination: Achieved Neg. fl J Denied Pos.n Continued Continued Reo est for UggBiDgkilping Opening continued accurst to Amend an order Opening Continued Other VOTES., 7 IQ Agains t 11Far: Inhishop J Bishop Durkin ✓ laluffipt ge+✓ Durkin Johnston LACaavrena I/ Lawrence Hoopes s/ Hoopes Huggins Huggins Mulhearn Mulhearn DISCUSSION: (approval conditions, dental resonc rent .n.. flon reasons) Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 2 — 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 From: forms on the Yarmouth computer, use only the tab Conservation Commission key to move To: Applicant Property Owner (if different from applicant): your cursor - do not use the Christine Meimaris return key. Name Name 55 Sullivan Road V�r�Ji Mailing Address Mailing Address West Yarmouth MA 02675 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Proposed Plot Plan with deck sketch 10/30/80 Title Date Title Date Title Date 2. Date Request Filed: 5/7/2020 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Proposed deck expansion within the buffer zone to Big Sandy Pond Project Location 55 Sullivan Road West Yarmouth Street Address City/Town 47 51 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc • Determination of Applicability • rev. 12/14 Page 1 of 5 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Yarmouth Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 12/14 Page 2 of 5 Massachusetts Department of Environmental Protection `- - Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • Determination of Applicability • rev. 12/14 Page 3 of 5 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Yarmouth Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on C Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.qov/eea/agencies/massdep/about/contacts/) and the property owner (if different from the applicant). Sii��gn,,//ature�s:, A 4��`G�' - 649 i SPS'y fl Odnw olsker le,,- auAoy-iZ n GAO Vit° /t'c' ffee ed Q06 , /13 9 44 X36 l l��zo Date wpaform2.doc • Determination of Applicability • rev. 12/14 Page 4 of 5 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • Determination of Applicability • rev. 12/14 Page 5 of 5 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b. City/Town, Zip c. Check number d. Fee amount Important: When filling 2. Person or party making request (if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor - do City/Town State Zip Code not use the return. e - — - y Phone Number Fax Number (if applicable) r� 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), 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 Fax Number (if applicable) 4. DEP File Number: B. Instructions 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: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12/14 Page 1 of 2 LiMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12/14 Page 2 of 2 Yarmouth Conservation Commission Voting Sheet Address: 55 Sullivan Road Applicant: Christine Meimaris Date of Hearing: 5/21/2020 Owner: Durkin Johnston Representative: Lawrence Project Description: proposed deck expansion within the buffer zone to Big Sandy Pond. Green Receipts: Legal Ad 5$: Notice of Intent: Complete Incomplete (explain) Paid Not Paid (explain) DEP File Number Certificate of Compliance: TYPE OF HEARING Opening Continued Opening Continued DECISION: Notice of Intent: Request for Determination: Approved Neg. # 1 Denied Pos. # Continued Continued Request for Determination: Opening Continued Request to Amend an Order Opening Continued Other: VOTES: DISCUSSION: (approval conditions, denial resons, continuation reasons) For: Against: 'Inn Bishop J Bishop Durkin JoWa.stWigQ� `� Durkin Johnston iS}Lawrence Lawrence Hoopes Hoopes Huggins Huggins Mulhearn Mulhearn DISCUSSION: (approval conditions, denial resons, continuation reasons) ru to rU IM ,eren— viaii err 6/ ZO :Xtra Services & Fees (check box, add tee as appropriate) to% ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Ppgryn1111111k ❑ Certified Mail Restricted Delivery $ Here ❑ Adult Signature Required $ []Adult Signature Restricted Delivery $ Christine Meimaris • PS Form 3800, April 2015 PSN Esso-o2-000-soa7 verse for Instructions YARMpUTH WATER ©'VISION 99 BUCK ISLAND ROAD WEST YARMOUTH F'MA 508 771.782 02673 FAX: 508-7 T1-7998 BUILDING PERMIT APPLICATION DEPARTMENTAL SIGN OFF TRALICA NSMI Bldg. &te n Locatro;_ �✓ TTAL SHEET Proposed � Ma OPbS�d p ImLcrt w P� ement: APPI'cant: Addres l&—. Tel. #:--- ��-_ -.- Date Filed: y RESIDENTIAL AND / OR COMMERCIAL BUILDING Vlater Department: En A Determines Compliance of Water Availabil� g:n�ering Depa-toren,: Determines Cor; Conservation Commission: Phance For Parkin tY and or Existing Location Determines Compliance to Wetlandsagd Drainage ots) Border an T Wetlands, Streams, Ponds, Rivers 0=eon bog Health Department: Determines Compliance to kine and Town Regulations, Y Type of s, Bays, Marsh;and, Etc . Fire Da a� for Septage Disposal and other Pub[ c Health Acta t ess a.e Requirements ;a �rnen� Determines Compltance to State an, To:vn Re u r Safety, Property Protection-�. q ements for Pe -Sona) ,, e. Srrt,�kp DeteCtOr ;SprinklerSi,ie-,�s Etc z - i 4 5'G,'`► tEJre of af%Dli.'ant Date PLEASE NOTE: COMMENTS: WORK MUSTa-NFORMTO ALL T WN BY WS & REGULATIONS YARMOUTH TER DEPT DATE LEGEND EXISTING �•NR4 �� EXISTING CONTOUR -- - - 0- - - - ' • ;AL��' SPOT ELEVATIONS 0�] FINISHED CONTOUR— 0 F rT"/`1G DA AGENT At �Y¢r. -9 • VL - M �a li iii Al f �. Q C► � '� • 00, lk O / /� �` ° h� �y ioo9 G.V c- .re 3 k ,�� J � � r� 7• In/r 7 �� SUGL/ t/,91V �0�917 WORK MUSTa-NFORMTO ALL T WN BY WS & REGULATIONS YARMOUTH TER DEPT DATE CERTIFY THAT THE PROPOSED DING SHOWN! CIV THIS PLAN )RMS TO THE ZONING LAWS S=.ce , MASS. nl"n A% Or cla i PROPOSED PLOW PLAN! ! MASS -0231 27 R. J. O'HEARN, INC.. RL S, RS 1348 ROUTE 134 EAST DENNIS* MASS. DATE 0 LEGEND EXISTING SPOT ELEVATIONS OA EXISTING CONTOUR -- - - 0- - - - FINISHED SPOT ELEVATIONS 0�] FINISHED CONTOUR— 0 APPROVED, BOARD OF HEALTH DA AGENT CERTIFY THAT THE PROPOSED DING SHOWN! CIV THIS PLAN )RMS TO THE ZONING LAWS S=.ce , MASS. nl"n A% Or cla i PROPOSED PLOW PLAN! ! MASS -0231 27 R. J. O'HEARN, INC.. RL S, RS 1348 ROUTE 134 EAST DENNIS* MASS. DATE 0 Grant, Kelly From: Chris Meimaris <chrismeimaris@gmail.com> Sent: Wednesday, July 22, 2020 1:36 PM To: Grant, Kelly Subject: Re: Building permit for 55 Sullivan Rd Thanks Kelly, Yes. With this plan, the retaining wall and patio are no longer needed and the existing patio material will be removed. Best, Chris On Jul 22, 2020, at 12:42 PM, Grant, Kelly <KGrantoyarmouth.ma.us> wrote: Thanks Chris, Can you snfirm that in additionto the wall no longer beingneeded,o patio will be patioinstalled and that all remaining material is being removed? Kelly Grant Conservation Administrators Town of Yarmouth 508-398-2231 Ext 1288 kgrant Ayarmouth.ma.us From: Chris Meimaris[mailto:chrismeimaris@gmail.com] Sent: Wednesday, July 22, 2020 12:19 PM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: Re: Building permit for 55 Sullivan Rd Hi Kelly, The attached illustrates the current plan which is a combination of the last two approved plans with the exception of the retaining wall which is no longer needed. Hopefully this is what you need so that we can move forward with the plan. Best, Chris <image001.jpg> On Jul 22, 2020, at 9:06 AM, Grant, Kelly <KGrant Ayarmouth.ma.us> wrote: Hi Chris Can I get you to show on one plan the current version of the proposed work? We now have a few different plans for the landscaping and deck and I want to be clear on what is now proposed. My understanding from the hearing was that the wall and patio were no longer needed as you were expanding the deck. I don't see an issue with what you are proposing from your description below but we need to have a clear record of what is being proposed and approved so there is no confusion later. Thanks Kelly -----Original Message ----- From: chrismeimarisggmail.com[mailto:chrismeimarisAgmail.com] Sent: Friday, July 17, 2020 7:06 AM To: Grant, Kelly <KGrant gyarmouth.ma.us> Subject: Building permit for 55 Sullivan Rd Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Good morning Kelly, I'm a better communicator verbally in person than I am in the written form but because of Covid I hope my attempt here is successful so please bear with me. Jim McMorrow the contractor I hired to build my deck shared with me that you asked for clarification of the deck footprint so hopefully I can do just that. The 16x32 deck with two sets of stairs is the exact same footprint that was submitted and approved in June. Previously in February, I was granted approval from Conservation for a 15x15 patio along with a retaining wall. The 12x16 decking at the base of the stairs that Jim shows in his sketch is in lieu of the patio. This lower decking is in the same area as the previously approved patio and is less square footage, The 12x16 includes a 12X4 foot section that is part of the existing boardwalk which in February I was granted approval to rebuild. Having all the same material for the deck, boardwalk and patio will provide me continued level safe to walk surface. I came up with the idea of using the same material for deck, walk and patio in speaking with contractors as it gives me that safe surface and also ended up being a lower cost option than paver/stone. I'm sorry that I confused things and hope that I have been able to clarify things for you so that we can move forward. Did I clarify things to your satisfaction? Best, Chris Sent from my iPhone <2020 Rq for Approval of Updated Plan.pdf><Sketch Plan.pdf><Image_005.pdf> N