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Home My WebLink About1 Lansing NOIMMEnvironmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 mobile MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com April 1, 2021 Mr. Edwin Hoopes, Chairman Yarmouth Conservation Commission c/o Kelly Grant, Conservation Administrator 1146 Route 28 South Yarmouth, MA 02664-2231 RE: Notice of Intent – Single-family Residence Addition Project 1 Lansing Lane, West Yarmouth Applicant/Owner: Pamela Giusti Dear Chairman Hoopes and Yarmouth Conservation Commission Members, On behalf the applicant and property owner, Pamela Giusti, Marsh Matters Environmental (MME) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with supporting site plan, existing and proposed floor plans, project narrative, and other supporting documents proposing construction of an addition to an existing single-family residence at 1 Lansing Lane in West Yarmouth (the Site). The project will occur partially within a Bordering Vegetated Wetland buffer zone. This NOI is filed pursuant to the Massachusetts Wetlands Protection Act (MWPA)(M.G.L. c.131 §40) and the Yarmouth Wetlands By-law (Chapter 143) and in accordance with the implementing MWPA Regulations (310 CMR 10.00), the Town of Yarmouth Wetland Protection Regulations, and the town’s Notice of Intent Administrative Checklist. As proposed, MME believes that this project meets all MWPA performance standards for Bordering Vegetated Wetland (310 CMR 10.55) and that the applicant has met the burden of proof [310 CMR 10.03(1)(a)(3)] by demonstrating that proposed work within the buffer zone will contribute to the protection of the interests identified in M.G.L. c.131 §40. MME attests that it will notify property abutters of this application and of the upcoming April 15, 2021, public hearing in accordance with state and local requirements. The State portion of the $110 filing fee has been sent to the MassDEP SERO, as has a copy of this application by email. The additional $100 bylaw fee is enclosed. Please do not hesitate to contact MME by phone at 978.434.1228 (mobile/office), or by email at Mike.Ball@MarshMattersEnvironmental.com, should you require any additional information from MME, or should you like to meet at the Site in advance of the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental enclosures CC: MassDEP SERO Pamela and Jack Giusti John Dixon – Dixon Home Improvement MacDougall Surveying & Associates wpaform3.doc • rev. 6/18/2020 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): 1 LANSING LANE a. Street Address WEST YARMOUTH b. City/Town 02673 c. Zip Code Latitude and Longitude: 41d 38' 54.76" N d. Latitude 70d 16' 18.14" W e. Longitude 28 f. Assessors Map/Plat Number 101 g. Parcel /Lot Number 2. Applicant: PAMELA a. First Name GIUSTI b. Last Name c. Organization 1 LANSING LANE d. Street Address WEST YARMOUTH e. City/Town MA f. State 02673 g. Zip Code 508-775-9484 h. Phone Number i. Fax Number PAMELAKING51@YAHOO.COM j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner SAME a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644 g. Zip Code 978.434.1228 h. Phone Number i. Fax Number Mike.Ball@MarshMattersEnvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 a. Total Fee Paid $42.50 b. State Fee Paid $67.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 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: STRUCTURAL MODIFICATIONS TO RESIDENCE 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 b. Certificate # (if registered land) 29356 c. Book 0283 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. 6/18/2020 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. 6/18/2020 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. 6/18/2020 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 3.31.2021 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 https://www.mass.gov/ma- endangered-species-act-mesa-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. 6/18/2020 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 https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). 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, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; 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@mass.gov 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@mass.gov 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 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. 6/18/2020 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. CERTIFIED PLOT PLAN (PROPOSED ADDITIONS) a. Plan Title MACDOUGALL SURVEYING & ASSOC. b. Prepared By E.A.STONE, PLS c. Signed and Stamped by DECEMBER 30, 2020 d. Final Revision Date 1" = 30' e. Scale FLOOR PLANS - EXISTING AND PROPOSED f. Additional Plan or Document Title NOT DATED 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: 828 2. Municipal Check Number 4.1.2021 3. Check date 829 4. State Check Number 4.1.2021 5. Check date D MICHAEL 6. Payor name on check: First Name BALL 7. Payor name on check: Last Name MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 1 Project Narrative Existing Conditions Photographs Site Locus Figures MARSH MATTERS ENVIRONMENTAL Prepared for: PAMELA GIUSTI West Yarmouth, Massachusetts Notice of Intent Project Narrative Structural Additions to a Single-family Residence 1 Lansing Lane, West Yarmouth (Map 28 – Parcel 101) vMME_FINAL_1 APRIL 2021 MARSH MATTERS ENVIRONMENTAL NOI PROJECT NARRATIVE April 2021 Contents 1.0 Introduction / Summary 2.0 Existing Conditions 3.0 Proposed Project Activities 4.0 Regulatory Compliance MARSH MATTERS ENVIRONMENTAL NOI PROJECT NARRATIVE April 2021 1.0 Introduction / Summary The applicant and property owner, Pamela Giusti, resides with her husband in their single-family residence located at 1 Lansing Lane in West Yarmouth, Massachusetts (the Site). This residence, built circa 1940, is located on a one half-acre parcel near the Hyannis Inner Harbor portion of Lewis Bay. The applicant plans to construct additions to the existing house creating a 36 ft by 42 ft structure that will add first floor living space. The additions will not result in a structure closer to the wetland resource areas than it currently is. As the project footprint is within one-hundred horizontal feet of a Bordering Vegetated Wetland (310 CMR 10.55), but just outside of Land Subject to Coastal Storm Flowage (310 CMR 10.04), the applicant must obtain an Order of Conditions (WPA Form 5) from the Yarmouth Conservation Commission (YCC) approving the activity. The accompanying site plan (Certified Plot Plan – Proposed Additions), by MacDougall Surveying & Associates (dated 12.30.2020) illustrates existing conditions and the proposed project footprint. A two-page set of floorplan design drawings provides additional detail. On the applicant’s behalf, MME has prepared a Notice of Intent (WPA Form 3) seeking an Order of Conditions from the issuing authority approving all proposed activities in its jurisdiction. These activities, which were described briefly above, are described in greater detail in Section 3.0 of this narrative. Marsh Matters Environmental (MME) believes that this project is eligible for an Order of Conditions approving the project, as all applicable resource area General Performance Standards are met and the proposed work within the buffer zone will contribute to the protection of the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40) and the Yarmouth Wetlands Bylaw (Chapter 143) interests. 2.0 Existing Site Conditions Geographical Setting, Landscape Condition, and Wetland Resource Areas The Site is in a residential neighborhood just south of Cape Cod Hospital at the intersection of Somerset Street and Lansing Lane in the Hyannis Park area of West Yarmouth (Figures 1). The accompanying site plan depicts the locations of jurisdictional wetland resource area (WRA) boundaries and their buffer zones (if any) at the Site. WRAs nearest applicant’s project include bordering vegetated wetland (310 CMR 10.55) and land subject to coastal storm flowage (the coastal floodzone)(310 CMR 10.04). A coastal bank (310 CMR 10.30) associated with a tidal flow-restricted estuary located south of the Site occurs south of the property on the south side of Somerset Street. The coastal bank buffer zone extends onto the property, but the buffer zone limit is more than thirty feet from the project footprint. A section of coastal resource area boundary (assumed to conform to salt marsh) south of the coastal bank is also depicted on the site plan. The property exhibits west and south-facing slopes with a maximum elevation change of approximately ten feet. MARSH MATTERS ENVIRONMENTAL NOI PROJECT NARRATIVE April 2021 Land Subject to Coastal Storm Flowage By regulatory definition at 310 CMR 10.04, land subject to coastal storm flowage (LSCSF) means “land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater.” The flood insurance rate map for the area identifies the coastal floodzone as a Zone AE (Elev. 11)(Figure 5). The floodzone boundary follows the eleven-foot contour elevation on the Site. There is no jurisdictional buffer zone associated with LSCSF. Currently, there are no LSCSF performance standards in 310 CMR 10.00 that projects must meet. Yarmouth defines LSCSF separately at Regulation Part 2.10 and does have a set of performance standards. Bordering Vegetated Wetland / Vegetated Wetlands BVWs are freshwater wetlands which border on creeks, rivers, streams, ponds, and lakes. The types of freshwater wetlands are wet meadows, marshes, swamps, and bogs. BVWs are areas where the soils are saturated and/or inundated such that they support a predominance of wetland indicator plants. The ground and surface water regime and the vegetational community which occur in each type of freshwater wetland are specified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131 §40). BVWs are likely to be significant to public or private water supply, to groundwater supply, to flood control, to storm damage prevention, to prevention of pollution, to protection of fisheries and to wildlife habitat. The vegetated wetland at the Site conforms to the definition of BVW because of its adjacency to a creek that drains to the south and beneath Somerset Road through a cross-culvert into the coastal embayment. The wetland also conforms to Vegetated Wetlands (Bylaw Regulation Part 3.02), which are defined by the Town of Yarmouth. MME identified and delineated the wetland on August 28, 2020, and attests that the project site plan by MacDougall appears to accurately depict the wetland boundary flag stations that MME established. MME completed one set of Appendix G: BVW delineation field data forms for the Site. These forms provide additional plant community observations for wetland and upland areas. The wetland area at the Site is a relatively small black tupelo (Nyssa sylvatica), red maple (Acer rubrum), and large gray willow (Salix cinerea)-dominant, wooded swamp community that supports an understory of mostly sweet pepperbush (Clethra alnifolia), northern arrowwood (Viburnum, dentatum), elderberry (Sambucus canadensis), and high-bush blueberry (Vaccinium corymbosum). This is a commonly occurring wetland community type on Cape Cod. MME noted woody invasive plants occurring in significant abundance in the Site’s upland areas to include Morrow’s honeysuckle (Lonicera morrowii), multiflora rose (Rosa multiflora), Oriental bittersweet vine (Celastrus orbiculatus), large gray willow, and Japanese knotweed (Falopia japonica) among others. Coastal Bank By regulatory definition at 310 CMR 10.30, coastal bank means “the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland.” The Yarmouth Wetlands By-law (Bylaw Regulation Part 2.05) and its implementing regulations define the location of coastal bank only slightly differently than does 310 CMR 10.30 and the DEP Wetland Program Policy 92-1. MARSH MATTERS ENVIRONMENTAL NOI PROJECT NARRATIVE April 2021 With respect to significance, coastal banks are likely to be significant to storm damage prevention and flood control, and those that supply sediment to coastal beaches, coastal dunes, and barrier beaches are per se significant to storm damage prevention and flood control. Coastal banks that, because of their height, provide a vertical buffer to upland areas from elevated storm waters are significant to storm damage prevention and flood control. The Site’s coastal bank occurs on the south side of Somerset Street and does not serve as a sediment source and is, therefore, only significant to storm damage prevention and flood control because it is a “vertical buffer” to coastal flood waters. One Hundred Feet-wide Buffer Zone According to 310 CMR 10.04, Buffer Zone means “that area of land extending one-hundred feet horizontally outward from the boundary of any area specified in 310 CMR 10.02(1)(a),” which include BVW and coastal bank. Areas of the BVW and coastal bank buffer zone on the property are almost entirely occupied by either managed yard, the residence, a garage, driveway, and public roadway. Wetland Resource Area Determination Methods In advance of MME’s on-site observations, MME performed a desk-top review of available mapping resources and any documents that may have been provided by the applicant and/or the project land surveyor as background material. MME reviewed all or some of the following data sources. Certain maps were used to produce a set of site locus figures, which accompanies this letter report/application. • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MME performs WRA identification and delineations in substantial accordance with the following publications: the Massachusetts Wetlands Protection Act (MWPA)(M.G.L. Ch. 131, §40) and the implementing MWPA regulations (310 CMR 10.00 et seq.); Section 404 of the Clean Water Act (33 U.S.C. 1344); the Massachusetts Department of Environmental Protection (MassDEP) publication Delineating Bordering Vegetated Wetlands under the MWPA (1995); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). MARSH MATTERS ENVIRONMENTAL NOI PROJECT NARRATIVE April 2021 When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub- surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers (2016 updated version). For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive plant species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group (MIPAG). MME usually completes at least one set of MassDEP Bordering Vegetated Wetland Delineation Field Data Forms (Appendix Gs) when a Bordering Vegetated Wetland (BVW) (310 CMR 10.55) is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany this narrative and the information on the forms should be considered generally representative of plant community and soil profile conditions along the length of wetland boundary. Preparation of any attached site locus figures was part of MME’s desk-top review of the Site prior to observing site conditions. The project land surveyor then survey locates MME-set flag stations. MME typically relies on a land surveyor or professional engineer to determine the landward limit (i.e., the top) of any Coastal Bank (310 CMR 10.30) based upon seaward-facing slope percentage relative to the FEMA coastal floodzone elevation. 3.0 Proposed Activities As briefly described in the first section of this narrative, the applicant plans to add ground-floor structural additions to the existing house footprint to increase living space. No portion of the modified structure footprint will be any closer to the resource areas than the existing structure currently is. Nearly all the existing house footprint is within the buffer zone. Please refer to the proposed floorplan for a depiction of proposed changes. No ground disturbance or grade adjustments are proposed. No new hardscape and no additional lawn area are proposed. It will not be necessary to remove any native vegetation in the buffer zone. MARSH MATTERS ENVIRONMENTAL NOI PROJECT NARRATIVE April 2021 4.0 Regulatory Compliance The applicant’s proposed project will add structural additions to the existing residence. These activities will occur within the BVW / Vegetated Wetlands buffer zone only. MME notes that the project will result in no alteration in or to the BVW itself and that project work will not destroy or otherwise impair any portion of the wetland resource. For this reason, MME believes that the project meets General Performance Standard 310 CMR 10.55(4)(a) and those local Vegetated Wetlands performance standards described at Chapter 3.02(3). General Performance Standards 310 CMR 10.55(b), (c), (d), and (e) are not applicable, as no replacement for lost BVW is proposed, the BVW is not part of a specified habitat of State-listed rare vertebrate or invertebrate species, and the BVW is not part of an Area of Critical Environmental Concern. MME believes that project activities in the buffer zone will result in no adverse impact to any of the wetland characteristics critical to the protection of the resource area interests and will not result in impairment of the resource area’s ability to perform any of its important functions. MME believes that this project is eligible for an Order of Conditions approving the project, as all applicable resource area General Performance Standards are met and the proposed work within the buffer zone will contribute to the protection of the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40) and those of the Yarmouth Wetlands By-law interests. FIGURE 1 – USGS TOPOGRAPHICAL MAP SITE LOCUS 1 LANSING LANE, WEST YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 2 – GOOGLE EARTH AERIAL PHOTO SITE LOCUS 1 LANSING LANE, WEST YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 3 – MassGIS (Priority Habitat of Rare Species) 1 LANSING LANE, WEST YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 4 – YARMOUTH ASSESSORS MAP SITE LOCUS 1 LANSING LANE, WEST YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 5 – FEMA Flood Insurance Rate Map Site Locus 1 LANSING LANE, WEST YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL FIRM NUMBER 25001C0569J – EFFECTIVE DATE 16 JULY 2014 PROJECT LOCATION MMEnvironmental PHOTO LOG Project / Client: GIUSTI Location: 1 LANSING LANE, WEST YARMOUTH Project No. Photo No. 1 Date: MAR 2021 Photo Aspect: NORTHEAST Description: THE SOUTHWEST CORNER OF THE RESIDENCE FROM WHERE ONE PART OF THE ADDITION WILL EXTEND. THE MAJORITY OF THE PROJECT FOOTPRINT IS WITHIN THE BVW BUFFER ZONE YELLOW DASHED LINE DEPICTS LIMIT OF ADDITION. Photo No. 2 Date: MAR 2021 Photo Aspect: EAST Description: WEST FACE OF EXISTING RESIDENCE FROM WHERE AN ADDITION WILL EXTEND. YELLOW DASHED LINE DEPICTS LIMIT OF ADDITION. MMEnvironmental Photo No. 4 Date: MAR 2021 Photo Aspect: NORTH Description: CONDITION OF BVW BUFFER ZONE YELLOW ARROW IDENTIFIES APPROXIMATE LOCATION OF BVW BOUNDARY AT TOE OF SLOPE PHOTO LOG Project / Client: GIUSTI Location: 1 LANSING LANE, WEST YARMOUTH Project No. Photo No. 3 Date: MAR 2021 Photo Aspect: NORTH Description: CONDITION OF COASTAL BANK BUFFER ZONE. YELLOW ARROW IDENTIFIES APPROXIMATE LOCATION OF BVW BOUNDARY AT TOE OF SLOPE. MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 Project Site Plan Proposed and Existing Floor Plans Ground Floor 2' 8" 8' 3/4" 3' 1" 9' 1" 7' 11" 8' 2 1/2" 5' 1"13' 9 3/4"18' 1 1/2"4' 5 1/4"20' 5 1/2"13' 4 3/4"8' 7"15' 2 1/4"4' 3 3/4"2' 9"2'4' 1 3/4"15' 8 3/4"3' 9 1/4"9' 1 3/4"4' 9 3/4"2' 11"10' 1 3/4"3' 8 3/4"3' 7" 9' 6 1/2" 5' 11 1/2" Kitchen 122.94 sq ft 8' 3/4" × 16' 9" Dining/Living Room 336.78 sq ft (23' 6 1/2" × 20' 2 3/4") Master Bedroom 232.88 sq ft 13' 4 3/4" × 20' 5 3/4" Den 327.77 sq ft (25' 8 1/2" × 15' 8 3/4") Master Bathroom 36.08 sq ft 7' 4 3/4" × 4' 11 1/2" Hallway 27.12 sq ft 9' 6 1/2" × 2' 10 1/2" Bedroom 1 82.88 sq ft 9' 2" × 10' 2" Bedroom 2 97.58 sq ft 9' 6 1/2" × 10' 2 3/4" Guest Bathroom THIS FLOORPLAN IS PROVIDED WITHOUT WARRANTY OF ANY KIND. SENSOPIA DISCLAIMS ANY WARRANTY INCLUDING, WITHOUT LIMITATION, SATISFACTORY QUALITY OR ACCURACY OF DIMENSIONS. 0'4'8'12' 16'1:107 1 Lansing Lane Statistics Area: 1538 sq ft 1 Floor 3 Bedrooms 2 Bathrooms 1 Karen TOTAL AREA:2226.87 sq ft •LIVING AREA:2226.87 sq ft •FLOORS:1 •ROOMS:9 ▼Ground Floor TOTAL AREA:2226.87 sq ft •LIVING AREA:2226.87 sq ft •ROOMS:17 2 3 1 5 4 7 8 9 10 11 13 15 1614 17 18 3'8'3'16' 1 1/2"3'4' 1 3/4"11' 7 3/4"3'6' 8 3/4" 10' 1/2"4'4'3'3'3' 13' 6"11' 7 1/2"22' 9"36' 7 1/4"3' 7"6' 11 1/2"3' 1/2" 12' 2 3/4"2'2'2'6' 11"3' 11 1/4"3' 8 1/4"10' 3"4'14' 5 1/2" 14' 1 3/4" Pantry Closet Master Bedroom 301.91 sq ft (18' 8 3/4" × 16' 1 1/2") Den 309.61 sq ft (29' × 15' 8 3/4") Basement Staircase 32.53 sq ft (10' × 3' 3") Guest Bathroom 115.95 sq ft 12' 5 1/4" × 10' 3" Chimney Mudroom 40.22 sq ft 10' 1/2" × 4' Dining Room 494.32 sq ft (13' 6" × 36' 7 1/4") Guest Bedroom 2 171.81 sq ft 9' 11 1/4" × 17' 3 3/4" Closet Closet 17.68 sq ft Bedroom 1 93.97 sq ft 12' 3" × 10' 2 3/4"Kitchen 138.88 sq ft (13' 6 1/2" × 10' 3") Master Closet 57.75 sq ft (14' 5 1/2" × 4') Utility Closet 10.01 sq ft 3' 5" × 2' 11 1/4" Master Bathroom 134.38 sq ft 14' 1 3/4" × 11' 10 1/4" Laundry THIS FLOORPLAN IS PROVIDED WITHOUT WARRANTY OF ANY KIND. SENSOPIA DISCLAIMS ANY WARRANTY INCLUDING, WITHOUT LIMITATION, SATISFACTORY QUALITY OR ACCURACY OF DIMENSIONS. 0' 4'8' 12' 1:85 Page 2/15 MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 Property Abutters-related Documents DEP Filing Fee Transmittal Form Administrative Forms BVW Field Data Form Set 28/ 158/ / / TOWN OF YARMOUTH CONSERVATION 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 28/ 159/ / / BILL WILLIAM O C/O PAMELA GIUSTI 1 LANSING LN WEST YARMOUTH , MA 02673 28/ 161/ / / FACCHINI ANTHONY P FACCHINI D R & FACCHINI R A JR 31 GREEN LN SPRINGFIELD , MA 01107 28/ 160/ / / DORNIG ELAINE 6 CYPRESS CT LOS ALTOS , CA 94022-2650 28/ 106/ / / HENDERSON JOSEPH F TRS HENDERSON LYNN MARIE TRS 1164 PRESCOTT CIR MYRTLE BEACH , SC 29577 28/ 105/ / / LANSING LANE LLC C/O JONATHAN CHURCHILL 19 MUSKET DR ACTON , MA 01720 28/ 103/ / / LANSING LANE LLC C/O JONATHAN CHURCHILL 19 MUSKET DR ACTON , MA 01720 28/ 102/ / / WHITEHEAD ELIZABETH W TRS WHITEHEAD GEORGE A N TRS 250 BRATTLE ST APT 21 CAMBRIDGE , MA 02136 28/ 101/ / / GIUSTI PAMELA 1 LANSING LANE WEST YARMOUTH , MA 02673 28/ 100/ / / DORNIG ELAINE M EXC 6 CYPRESS CT LOS ALTOS , CA 94022-2650 28/ 99/ / / PERKINS WILLIAM P JR PERKINS JANICE E 160 BAYVIEW ST, WEST YARMOUTH , MA 02673 28/ 98/ / / ANDRE CHAD M 40 FOREST RIDGE RD WEST SPRINGFIELD , MA 01089 28/ 97/ / / KOZMA MARK P O BOX 1145 OSTERVILLE , MA 02655 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 ________________________________________________ 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 ______________________________ D.Proposed work is _____________________________________________________________ ____________________________________________________________________________ E.Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F.Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _____________________________________ Or Applicant’s representatives phone number ___________________________________ G.Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H.Person sending this notification (applicant, representative or other) Name __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ Telephone _______________________________________ 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. PAMELA GIUSTI 1 LANSING LANE STRUCTURAL ADDITIONS TO HOUSE. MME CAN BE REACHED AT 978.434.1228 D. MICHAEL BALL - MARSH MATTERS ENVIRONMENTAL P.O. BOX 554 FORESTDALE MA 02644 978.434.1228 (also Mike.Ball@marshmattersenvironmental.com) noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 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: 1 LANSING LANE a. Street Address WEST YARMOUTH b. City/Town 829 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: PAMELA a. First Name GIUSTI b. Last Name c. Organization 1 LANSING LANE d. Mailing Address WEST YARMOUTH e. City/Town f. State g. Zip Code 508-775-9484 h. Phone Number i. Fax Number PAMELAKING51@YAHOO.COM j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 2 of 2 5 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 1 / HOUSE ADDITIONS 1 $110 $110 Step 5/Total Project Fee: $110 Step 6/Fee Payments: Total Project Fee: $110 a. Total Fee from Step 5 State share of filing Fee: $42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $67.50 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.)