HomeMy WebLinkAboutNOI 71 Smith's Point April 2021DOWN CAPE ENGINEERING, INC.
939 Main Street
Yarmouth Port, MA 02675
508-362-4541
DCE Job # 99-257
Date: March 31, 2021
To: Kelly Grant, Conservation Administrator
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
From: Priscilla Leclerc
Subject: NOI for Nolen, 71 Smiths Point Road, West Yarmouth
Delivered.
Enclosed is a Notice of Intent Filing for Christian Nolen and Susan Denny, 71 Smiths
Point Road, West Yarmouth, including:
Checklist
Project Narrative
WPA Form 3
Wetland Fee Transmittal
Mary LeBlanc Landscape Plan 2-16-21
Abutters Notification Letter
Abutters List and Map
USGS Locus Map
Site Photos
Checks for fees & legal ad $262.50, $200.00, and $10.00
Abutters certified mail receipts
Please feel free to call if you have any questions.
DOWN CAPE ENGINEERING, INC.
939 MAIN ST, SUITE C
YARMOUTH PORT, MA 02675
PHONE: 508-362-4541
FAX: 508-362-9880
priscilla@downcape.com
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DEPARTMENT
OF
CONSERVATION
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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 maybe
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.
Sy#Vg tin#au appeica#iott:
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:// ig s_v sig 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.
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
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.
Vel; TMA04 ,,AiTJ1%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".
A I L UD 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
'PY!iiai-, if—1 PUL, 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
Revised February 2016 Page 2 of 2
Notice of Intent
71 Smith's Point Road
West Yarmouth
PROJECT NARRATIVE
Introduction
The approximate 4.9 acre site is improved with a main dwelling, guest wing and separate
garage/gatehouse. The site is bordered by Nantucket Sound to the northwest, and by a dwelling to the
southwest. The 6 bedroom dwelling/guest wing are seasonally used. They utilize a Title 5 septic system,
installed in 2001 and designed for 8 bedrooms. The buildings comply with floodzone regulations. The site
is very natural, with no turf lawns or other ornamental plantings, and the owners plan to maintain this natural
native botanical landscape.
The site is affected by the following resource areas: Land Subject to Coastal Storm Flowage (buildings
within AE el 11),and is within the Buffer Zones to a discontinuous Coastal Bank. The IVW to the northwest
of the site is too small to be regulated under Yarmouth Regulations and does not meet the definition of
10.57 Isolated Land Subject to Flooding. The proposed construction is 88' at its closest point. The
landward limit of the other isolated wetland (which falls under 10.57 Isolated Land Subject to Flooding) to
the northeast is greater than 100' to the proposed work.
The following work is proposed:
• Construct flood -compliant guest house, portion of which is on crawlspace foundation, remainder on
pilings
• Add septic tank and d'box to existing septic system
• Native plantings to enhance current natural vegetation
The site was surveyed by Down Cape Engineering, and the topography is based on the current NAVD '88
flood zone datum. All work occurs within Land Subject to Coastal Storm Flowage (LSCSF). No net addition
of fill is expected.
310 CMR 10.30 Coastal Bank
The top of Coastal Bank was delineated in accordance with DWW Policy 92-1 and located by survey
instrument. Detailed transects were performed, which are shown on the plan. The survey indicated that
the Bank follows the 100 year flood elevation of 11 (slopes > 10% but less than 25%) until it ends short of
the proposed guest house, where the slopes are < 10%.
The Bank is far removed from any wave action and it does not serve as a sediment source for a coastal
beach or dune. It is vegetated with trees, grasses and other natural vegetation; no erosion is occurring.
The construction will not occur on the Bank. A silt fence will be staked in place to keep all construction
activity away from the Bank. A waterline will be installed with minimal disturbance to the bank.
The proposed work does not lie within Priority/Estimated Habitat for state -listed species as shown on Mass.
GIS Oliver Maps dated 2017
310 CMR 10.28 Coastal Dune
Primary and "relic" dunes as well as the isolated vegetated wetlands were delineated by Horsley and Witten
as part of the approval process for the subdivision of the land through the Cape Cod Commission. This
- 1 -
delineation was used for the original lay -out and approval of the dwelling and guest quarters in 2001. The
IVW was re -flagged in accordance with that delineation and by visual inspection appears to have remained
the essentially the same over the years. The relic dune does not function as active dune habitat as it is
heavily vegetated and has stable soils. The construction is well landward of the primary dune (over 200' at
its closest) and falls outside the landward limit of the relic dune.
Land Subject to Coastal Storm Flowage
The proposed work falls within the 100 year flood elevation (AE el 11). The guest house and deck will be
constructed in accordance with the FEMA flood regulations and current Mass. Building Code. There will be
no net addition of fill. The natural topography will be retained as close as possible to what exists. A portion
of the building will be on pilings. The construction will have no adverse impacts on LSCSF.
Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations:
The current septic system was designed based on 8 bedrooms. Currently there are 6 bedrooms, with 2
additional bedrooms proposed in the guesthouse. A 1500 gallon septic tank and d'box will be added to
service the guest house, and will connect to the existing leaching facility via gravity flow. The current
system will remain to service existing buildings. The leaching facility is designed to be greater than the
required 5' above adjusted groundwater.
The proposed construction activities will not have a deleterious effect upon any wetland values as listed in
the Bylaw. A silt fence is proposed to contain construction activities.
The closest point of construction (deck) is 88' off the IVW, which at less than 3000 sf is not regulated by the
town. On behalf of our client, we respectfully request a variance to allow construction within 50' of the
Resource Area (discontinuous Coastal Bank). Most all work will occur within the resource area of Land
Subject to Coastal Storm Flowage (LSCSF). All run-off shall be contained on-site. Any stockpiling of
materials is expected to take place in the driveway area. Typical construction equipment will be utilized.
The site is kept in a natural and no maintenance state, and will continue to remain so. Temporary irrigation
is proposed to assist/establish new plantings
ALTERNATIVES ANALYSIS
The owners planned to have a guest house from the beginning of planning stages for their property, hence
the construction of the 8 bedroom septic system. The Cape Cod Commission, as part of their approval
process and taking into consideration all environmental factors for this unique area, developed an overall
plan to outline and designate future development for this area of Great Island. The guest house fits within
this development guideline/plan by falling within the approved building envelope.
The impacts from the construction are expected to be temporary and negligible. The planting plan enclosed
as part of this filing shows the enhancement of this natural site by providing additional native plantings such
as sweet pepperbush, St. Johnswort, bayberry and high bush blueberry — which will blend in with the current
landscape and provide enhanced habitat.
By maintaining a silt fence, working outside the resource areas (with the exception of LSCSF) , providing
roof run-off mitigation and adding native plantings, the proposed construction will not be negatively
impacting the interests protected under the Act or under Yarmouth Regulations.
-2-
Massachusetts Department of Environmental Protection
Lll�
eDEP Transaction Copy_
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: DOWNCAPE
Transaction ID: 1268051
Document: WPA Form 3 - NOI
Size of File: 245.53K
Status of Transaction: In Process
Date and Time Created: 3/31/2021:12:51:36 PM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
1. Project Location:
a. Sheet Address 71 SMITH'S POINT ROAD
b. City/Town YARMOUTH c. Zip Code 02673
d. Latitude 41.6251 IN e. Longitude 70.26775W
f. Map/Plat # 5 g.Parcel/Lot # 12
2. Applicant:
W Individual r Organization
a. Fust Name
CHRISTIAN b.Last Name
NOLEN
c. Organization
d. Mailing Address
71 APPLETON STREET
e. City/Town
CAMBRIDGE f State MA
g. Zip Code 02138
h. Phone Number
i. Fax
j. Email
3.Property Owner:
r more than one owner
a. First Name
CHRISTIAN b. Last Name NOLEN
c. Organization
d. Mailing Address
71 APPLETON STREET
e. City/Town
YARMOUTH PORT f.State MA g. Zip Code
02675
h. Phone Number
508-362-4541 i. Fax j.Email
info@downcape.com
4.Representative:
a. First Name
DANIEL b. Last Name
OJALA
c. Organization
DOWN CAPE ENGINEERING, INC.
d. Mailing Address
939 ROUTE 6A
e. City/Town
f. State
g. Zip Code
h.Phone Number
i.Fax
j.Email
5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 500.00 b.State Fee Paid 237.50 c,City/Town Fee Paid 262.50
6.General Project Description:
CONSTRUCT 2 BEDROOM GUESTHOUSE WITH MINOR SEPTIC SYSTEM MODIFICATIONS
7a.Project Type:
1. W/ Single Family Home 2. r- Residential Subdivision
3.1-" Limited Project Driveway Crossing 4. 1— Commercial/Industrial
5. r Dock/Pier 6. r Utilities
7. r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry)
9.1v Transportation 10. F Other
Page 1 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent Cityaown:YARMOU H
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
r- Yes ry No If yes, describe which limited project applies to this project:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County: b.Certificate: c.Book: d.Page:
BARNSTABLE 167797
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
LBuffer Zone & Resource Area Impacts (temporary & permanent):i
f— This is a Buffer Zone only project - 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 3,10 CMR 10.54 -;10.58, if not applicable, go to Section B.3. Coastal Resource Areas)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. r Bank
1. linear feet 2. linear feet
b.r Bordering Vegetated Wetland
1. square feet 2. square feet
c. f— Land under Waterbodies and Waterways
1. Square feet 2. square feet
3. cubic yards dredged
d. r Bordering Land Subject to Flooding
1. square feet 2. square feet
3. cubic feet of flood storage lost 4. cubic feet replaced
e. r Isolated Land Subject to Flooding
1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced`
E r Riverfiont Area
Name of Waterway (if any)
2. Width of Riverfiont Area (check one) 1'- 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 NOV r Yes r No
Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent Cityffown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yes r No
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. r Designated Port Areas Indicate size under Land under the ocean below,
b. l— Land Under the Ocean
1. square feet
2. cubic yards dredged
cr Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.r Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e. r Coastal Dunes
1. square feet 2. cubic yards dune nourishment
£r Coastal Banks
1. linear feet
g. r Rocky Intertidal Shores
1. squame feet
h. r Salt Marshes
i lV Land Under Salt Ponds
j. r- Land Containing Shellfish
1. square feet 2. sq ft restoration, rehab, crea.
square feet
1.ry Land Subject to Coastal 1300
Storm Flowage 1. square feet
4.Restoration/Enhancement
r Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
i Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
Page 3 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent City/rown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
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 of Endangered Species program
(NHESP)?
a. r Yes r 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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
1. r Percentage/acreage of property to be altered:
(a) within Wetland Resource Area
(b) outside Resource Area
percentage/acreage
percentage/acreage
2. r Assessor's Map or right-of-way plan of site
3. r Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a. r Project description (including description of impacts outside of wetland resource area & buffer zone)
b. r Photographs representative of the site
c. r MESA filing fee (fee information available at: ho:/Avww.mass.gov/eea/agencies/dfg/dfw/natural-heritaizelre
review/mass-endan2ered-species-act-mesa/mesa-fee-schedule.hhnI )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 or more acres of land, also submit:
d. r Vegetation cover type map of site
e. r Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the following
1. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, htt ://www mass gov/eea/agencies/dfgldfw/laws-regulations/cmr/321-cmr-1000-massachusetts-endaneered-
species-act.html#10.14; 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. r Separate MESA review ongoing.
a. NHESP Tracking Number
b. Date submitted to NHESP
3.r Separate MESA review completed.
Page 4 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent City/fown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.
* Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. r- Not applicable - project is in inland resource area only
b. r Yes ry No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore - Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore - Hull to New Hampshire:
Division of Marine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. r-" Yes ry No
If yes, provide name of ACEC (see instructions to )ATA
Form 3 or DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4. 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. r- Yes 1v No
5. 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. r- Yes r- No
6. Is this project subject to provisions of the MassDEP Stonnwater Management Standards?
a. r- 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
r— Vol.2, Chapter 3)
2. A portion of the site constitutes redevelopment
r"
3. Proprietary BMPs are included in the Stormwater Management System
r
b. i No, Explain why the project is exempt:
I. Single Family Home
12. Emergency Road Repair
Page 5 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family
f housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the
ry 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
W [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.
3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s).
W Detemunation 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.
F./
a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
SITE PLAN OF 71
SMITH'S POINT DANIEL A. OJALA, MARY LEBLANC March 25, 2021 MARCH 23,
ROAD LANDSCAPE PE, PLS LANDSCAPE DESIGN 2021
RENOVATIONS
S. If there is more than one property owner, please attach a list of these property owners not listed on this form.
r
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
r-
7.
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
r
8. Attach NOI Wetland Fee Transmittal Form.
r`v
9. Attach Stormwater Report, if needed.
r
Page 6 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1268051
WPA Form 3 - Notice of Intent - CiVrown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Fees
I.
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:
3"o 1 3 ,3 xg.3338 9 3126 Z
2. Municipal check Number 3. Chec� k datc
4. State Check Number
6. Payer name on check: First Name
F. Signatures and Submittal Requirements
5. Check date
V giz am
7. Payer name on check: Last Name
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
1. Signature of Applicant
3. Signature of Property Owner(if different)
Daniel A. Ojala, PE, PLS
5. Signature of Representative (if any) I-) c/ 1 NIC
For Conservation Commission:
2. Date
4. Date
3/31/2021
6. Date
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Page 7 of 7 * ELECTRONIC COPY
W
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
L11' WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to
the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by
hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line
of the project location.
3. Signature of Property Owner (if different)
31Z9I2I
2. Date
4. Date
5. Signature of Representative (if any) 6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents,
two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the
MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that
section and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc • rev. 6/18/2020 Page 9 of 9
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:
WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1268051
City/Town:YARMOUTH
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
a. First Name
CHRISTIAN
b.Last Name
NOLEN
c. Organization
d. Mailing Address
71 APPLETON STREET
e. City/Town
CAMBRIDGE f. State
MA
g. Zip Code 02138
h. Phone Number
i. Fax
j. Email
2.Property Owner:(if different)
a. First Name
CHRISTIAN b. Last Name NOLEN
c. Organization
d. Mailing Address
71 APPLETON STREET
e. City/Town
YARMOUTH PORT f.State MA
g. Zip Code
02675
h. Phone Number
5083624541 i. Fax
j.Email
info@downcape.com
3. Project Location:
a. Street Address
71 SMITH'S POINT ROAD
b. City/Town
YARMOUTH
Are you exempted from Fee? r
Note: Fee will be exempted if you are one of the following:
• City/Town/County/District
• Municipal Housing Authority
• Indian Tribe Housing Authority
• MBTA
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Type Activity Activity Fee RF Multiplier Sub Total
Number
A.) CONSTRUCTION OF SINGLE FAMILY 1 500.00 500.00
HOUSE;
City/Town share of filling fee State share of filing fee Total Project Fee
$262.50 $237.50 $500.00
Page 1 of 1 * ELECTRONIC COPY
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NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
In accordance with the second paragraph ofthe Massachusetts General Laws Chapter 131, Section
40, you are hereby notified of the following:
A. The name of the applicant is 421d&�kffi. NOLEN
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 1.
C. The address of the lot where the activity is proposed is:
u 1 f
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. in. 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 508-362-4541 Down Cape Engineering Inc.
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):
Daniel A. Ojala, PE, PLS, President
Down Cape Engineering, Inc.
939 Route 6A
Yarmouth Port, MA 02675
Down Cape Engineering, Inc. telephone - 508-362-4541
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 inthe Town Hall not lessthanforty-eight
hoursinadvance.
• You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-
2800 for more information about this application.
5/ 13/
HANNA VALONE LISA & VALONE JAMES
63 SMITHS POINT NOMINEE TRUST
63 SMITHS POINT RD,
WEST YARMOUTH, MA 02673
5/ 12/
NOLEN CHRISTIAN
71 APPLETON ST
CAMBRIDGE, MA 02138
5/ 10/
CARROLL JANE C
131 EAST 69TH ST
NEW YORK, NY 10021
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
71 Smiths Point Rd., West Yarmouth, MA 02673
Assessors Map 5, Lot 12
Andy M chado, Director of Assessing
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