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NOI_20210218
Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 9 Pump House Lane, West Yarmouth Notice of Intent Application Single-Family Home Town of Yarmouth Conservation Commission February 2021 Prepared for: Nancy Johnson 15 Lexington Lane Yarmouth Port, MA 02675 BSC Job #48369.02 February 18, 2021 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Notice of Intent Application, Construction of Single-Family Home, 9 Pump House Lane, West Yarmouth, BSC Job #48369.02 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 our client, Nancy Johnson (the Applicant), for a project located at 9 Pump House Lane, (the Site) in West Yarmouth. The proposed project at the site involves the construction of a single-family home. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection Bylaw. For more information, please refer to the attached Site Plans and attached narrative. Enclosed please find the Notice of Intent application and accompanying materials. 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: Nancy Johnson, 15 Lexington Lane, Yarmouth Port, MA 02675 Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Site Photographs 8 Abutter Information 9 Site Plans 10 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 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? 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 9 Pumphouse Lane, Yarmouth, MA Map 47 Lot 73 Paul Mancuso Agent Paul Mancuso 349 Route 28, Unit D West Yarmouth, MA 02673 508-778-8919 PMancuso@BSCGroup.com 12/30/2020 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 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): 9 Pump House Lane a. Street Address Yarmouth b. City/Town MA c. Zip Code Latitude and Longitude: 41.662510 d. Latitude -70.235355 e. Longitude Map 47 f. Assessors Map/Plat Number Plot 73 g. Parcel /Lot Number 2. Applicant: Nancy a. First Name Johnson b. Last Name Project Managers CC, LLC c. Organization 15 Lexington Lane d. Street Address Yarmouth Port e. City/Town MA f. State 02675 g. Zip Code 508-246-1476 h. Phone Number i. Fax Number fairwaywilly@comcast.net j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Kenneth C and Cynthia E a. First Name Anderson, TR b. Last Name c. Organization 264 Weston Road d. Street Address Wellesley e. City/Town MA f. State 02181 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 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): $500.00 a. Total Fee Paid $237.50 b. State Fee Paid $262.50 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: Construction of a single-family dwelling. 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 202791 b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 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 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 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: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? 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 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 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 NHESP 2021 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 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 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 Wetland [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 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. Topographic Plan a. Plan Title BSC Group, Inc. b. Prepared By Kieran J. Healy c. Signed and Stamped by 1/28/2021 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: 157 2. Municipal Check Number 2/12/2021 3. Check date 156 4. State Check Number 2/12/2021 5. Check date Nancy L 6. Payor name on check: First Name Johnson 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: 9 Pump House Lane a. Street Address Yarmouth b. City/Town 156 c. Check number $237.50 d. Fee amount 2. Applicant Mailing Address: Nancy a. First Name Johnson b. Last Name Project Managers CC, LLC c. Organization 15 Lexington Lane d. Mailing Address Yarmouth Port e. City/Town MA f. State 02675 g. Zip Code 508-246-1476 h. Phone Number i. Fax Number fairwaywilly@comcast.net j. Email Address 3. Property Owner (if different): Kenneth C and Cynthia E a. First Name Anderson, TR b. Last Name c. Organization 264 Weston Road d. Mailing Address Wellesley e. City/Town MA f. State 02181 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 Cat 2. - Construction of Single- family Dwelling 1 $500.00 $500.00 Town ByLaw - Cat 2. $200 Legal Ad Fee: $10.00 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: $500.00 a. Total Fee from Step 5 State share of filing Fee: $237.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $262.50 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.) Notice of Intent 9 Pump House Lane West Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project is located at 9 Pump House Lane, (the Site) in West Yarmouth, MA and involves the construction of a single-family home. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. 2.0 SITE DESCRIPTION The Site of the proposed project is located on an existing residential street and exists as an undeveloped wooded lot. The Site is bordered by single-family homes to the north, south, and west with Big Sandy Pond to the east. An intermittent stream runs along the back of the lot which connects Horse Pond to Big Sandy Pond. According to the USGS Locus map this intermittent stream is recognized as a river. However, BSC has visited and photographed these streams on four separate days not during drought conditions, and each time the stream was completely dry (see photo pages). According to NOAA, the region (Cape Cod) was experiencing a serve drought in early November of 2020 and a moderate drought in early December. Therefore, this stream should not be classified as a perennial and should not be subjected to Riverfront Area regulations/standards. The wetland resource areas and areas of conservation jurisdiction on the Site that are protected under the Wetlands Protection Act and the Town of Yarmouth’s Wetland Protection Bylaw are limited to Inland Bank and the 100-foot Buffer Zone to Inland Bank. 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Construction of Single-Family Home – The site is currently an undeveloped, wooded lot. The proposed project is to construct a single-family home with appurtenances including an attached garage, a back deck, and a walkway. All impacts associated with the structure of the proposed single-family dwelling will be located outside of the 50-foot Buffer Zone to Inland Bank. A portion of the walkway and limited grading will occur within the 0-50-foot Buffer Zone to Inland Bank, which is necessary for the construction of the house. Disturbance within the 50-100-foot buffer zone will consist of a portion of the single-family dwelling, roughly 1,992 sf, and areas of grading and walkway, roughly 2,626 sf. In addition, all septic system components will be installed outside of all resource areas and buffer zones. A catch basin is proposed at grade in the back of the house to catch runoff heading towards the wetland, as well as a proposed drywell which will be installed near the northeastern corner of the single-family dwelling. For more information, please refer to the site plans attached. 4.0 MITIGATION A silt fence and/or straw wattles will be placed at the limit of work. Roll-off containers will be located landward of all resource areas and will be used to remove all debris from the Site. Any debris getting into the wetland will be removed by hand as soon as possible. All construction will be completed upland of the resource areas caution will be taken to ensure construction byproducts do not enter the resource area. All disturbed areas will be stabilized using grass seed or other appropriate materials immediately following the completion of work. Copyright:© 2013 National Geographic Society, i-cubed 70°14'0"W 70°14'0"W 41°40'0"N41°40'0"NDocument Path: \\bscbos\yar\Projects-YAR\4836901\Environmental\GIS\Output\Maps\MXD\ReportMaps\LOCUS_Map.mxdDate Saved: 12/30/2020 8:20:40 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed 9 PUMPHOUSE LANEWEST YARMOUTH, M A USGS Site Locus Map(pa ge size: 8.5 X 11) 1 inch = 8 33 feet 0 440 880 Feet H Site Location USGS The National Map: Orthoimagery. Data refreshed October, 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 12/30/2020 at 8:26 AM 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°14'26"W 41°39'58"N 70°13'48"W 41°39'31"N kj kj kj 70°14'0"W 70°14'0"W THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:9 PUMPHOUSE LANEWEST YARMOUTH, MA NHESP Map USGS 2008-2009 NHESP 2017 ESRI World Imagery ESRI World Topo±1:2 ,50 0 0 110 220 Feet 1 inch = 208 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: 12/30/2020 8:25:39 AMDocument Path: \\bscbos\yar\Projects-YAR\4836901\Environmental\GIS\Output\Maps\MXD\ReportMaps\NHESP_Map.mxd Photo 1: USGS Locus Map of the Site (Blue Pin). This USGS Map shows there is a river adjacent to the site; as shown by the dark blue line connecting Horse Pond to Big Sandy Pond. The next two pages of photos show this area is completely dry on four separate days in 2020 not during drought conditions. Therefore, the “river” should be classified as an “intermittent stream” and not be subjected to the Riverfront Area regulations. Site Photographs 9 Pump House Lane Yarmouth, MA 11/25/2020 Page 1 Photo 2: View of the dry intermittent stream on 11/25/2020. Photo taken from stream bed. Facing east Photo 3: View of the dry intermittent stream on 12/14/2020. Photo taken from path adjacent to stream. Facing east Site Photographs 9 Pump House Lane Yarmouth, MA 11/25/2020 & 12/14/2020 Page 2 Photo 4: View of the dry intermittent stream on 12/15/2020. Photo taken from stream bed. Facing east Photo 5: View of the dry intermittent stream on 12/22/2020. Photo taken from stream bed. Facing east Site Photographs 9 Pump House Lane Yarmouth, MA 12/14/2020 Page 3 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 Nancy Johnson 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 9 Pumphouse Lane, West Yarmouth. D. Proposed work is construction of a single-family home. 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 the applicant’s representative. 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 (Applicants representative) Name Matthew Creighton 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. 47/ 68/ / / CONNORS CHARLES V CONNORS PAULA M 4 PUMP HOUSE LN WEST YARMOUTH , MA 02673 47/ 69/ / / RILEY TERRENCE M TRS ANDRE N REMILLARD 2016 IRR TRST 12 PUMP HOUSE LN WEST YARMOUTH , MA 02673 47/ 70/ / / RILEY GRACE G TRS REMILLARD FAMILY 2016 IRR TRST 12 PUMP HOUSE LN WEST YARMOUTH , MA 02673 47/ 71/ / / VERHOFF JOHN F VERHOFF VIRGINIA 706 VAN HOESEN RD CASTLETON , NY 12033 47/ 72/ / / MOREIRA WESLEY 11 PUMP HOUSE LN , WEST YARMOUTH , MA 02673 47/ 73/ / / ANDERSON KENNETH C TR ANDERSTON CYNTHIA E TR 264 WESTON RD WELLESLEY , MA 02181 47/ 74/ / / KOWALSKI EDWARD J JR 3 PUMP HOUSE LN WEST YARMOUTH , MA 02664 47/ 75/ / / CR BOG HOMEOWNERS ASSOC INC PO BOX 148 OSTERVILLE , MA 02655