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HomeMy WebLinkAboutNOI 4.20.20210� 0. MATTn ESr•�) ,( �aR)GrAtLOA� t�0 r r r r V ��JJ is Natice af intent DEPARTMENT OF CONSERVATION 99994d jypimg&�L-- 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. SuP�nzi an aip6wtim: V 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. State V/ filing fee: separate check Refer to Wetland Fee Transmittal F orm. By-law filingfee: 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 Revised February 2016 Page 2 of 2 Massachusetts Department of Environmental Protection 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: 1273268 Document: WPA Form 3 - NOI Size of File: 245.65K Status of Transaction: In Process Date and Time Created: 4/16/2021:2:55:27 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 byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1273268 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. Street Address I MALFA ROAD b. City/Town YARMOUTH c. Zip Code 02673 d. Latitude 41.64536N e. Longitude 70.26769W f. Map/Plat # 20 g.Parcel/Lot # 26 2. Applicant: (✓ Individual I— Organization a. First Name ANTHONY b.Last Name FEOLA c. Organization d. Mailing Address 1 MALFA ROAD e. City/Town YARMOUTH f. State MA g. Zip Code 02673 h. Phone Number i. Fax j. Email 3.Property Owner: I" more than one owner a. First Name LISA b. Last Name DOUGLAS, TR c. Organization d. Mailing Address 1 MALFA ROAD e. City/Town YARMOUTH f State MA g. Zip Code 02673 h. Phone Number i. Fax j.Email 4.Representative: a. First Name DANIEL A. b. Last Name OJALA c. Organization DOWN CAPE ENGINEERING, INC. d. Mailing Address 939 ROUTE 6A e. City/Town YARMOUTH PORT f. State MA g. Zip Code 02675 h.Phone Number 508-362-4541 i.Fax 508-362-9880 j.Email info@downcape.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 220.00 b.State Fee Paid 97.50 c.City/Town Fee Paid 122.50 6.General Project Description: CONSTRUCT RETAINING WALL, ADD SMALL AMOUNT OF FILL (<25 YARDS) AND PLANTINGS 7a.Project Type: 1.I✓ Single Family Home 2. r Residential Subdivision 3. F Lnnited Project Driveway Crossing 4. i-' Commercial/Industrial 5.I-` Dock/Pier 6. r Utilities 7. r Coastal Engineering Structure 8. I-' Agriculture (eg., cranberries, forestry) 9. r Transportation 10. r Other Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1273268 WPA Form 3 - Notice of Intent City/rown:YARMOUPH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. r Yes W 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.Certiflcate: c.Book: d.Page: BARNSTABLE 10010 154 B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): 1- 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.Wand Resource Areas: (See 310 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. f- Bank 1. linear feet 2. linear feet b. r Bordering Vegetated Wetland 1. square feet 2. square feet c.r Landunder Waterbodies and Waterways 1. Square feet 2. square feet 3. cubic yards dredged d. r Bordering Land Subject to Flooding 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 j 3. cubic feet replaced f. r Riverfiont Area Name of Waterway (if any) 2. Width of Riverfi-ont Area (check one) r 25 ft. - Designated Densely Developed Areas only F- 100 ft. - New agricultural projects only r 200 ft. - All other projects 3. Total area of Riverfi-ont Area on the site of the proposed project square feet 4. Proposed Alteration of the Riverfi-ont 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? r Yes I- No Page 2 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1273268 WPA Form 3 - Notice of Intent City/Town: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 Yesi- No 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. i- Designated Port Areas Indicate size under Land under the ocean below, b. r Land Under the Ocean 1. square feet 11✓` Land Subject to Coastal 1000 Storm Flowage 1. square feet 4.Restoration/Enbancenient F' 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 F 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 2. cubic yards dredged c.l- 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. I- Coastal Dunes 1. square feet 2. cubic yards dune nourishment f. 1-' Coastal Banks 1. linear feet g. r Rocky Intertidal Shores 1. square feet h. r Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. i 1- Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. r Land Containing Shellfish 1. square feet 11✓` Land Subject to Coastal 1000 Storm Flowage 1. square feet 4.Restoration/Enbancenient F' 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 F 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 #:1273268 WPA Form 3 - Notice of Intent City/Town: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:2017 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: bgp•//www.mass.gov/eea/agencies/dfg/dfw/natural-herita¢e/reaulato!3 - review/mass-endan e� red-species-act-mesa/mesa-fee-schedule.html ) 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, hW://www mass goy/eea/agencies/dfg/dfw/laws-regulations/cmr/321-cmr-1000-massachusetts-endangered- Mecies-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 #:1273268 WPA Form 3 - Notice of Intent City/Town: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... 2. 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 rV 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 l ` No b. ACEC Name If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 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. F- Yes lV 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 CV No Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. f- 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 Stonnwater Management Handbook l-" Vo1.2, Chapter 3) 2. A portion of the site constitutes redevelopment I- 3. Proprietary BMPs are included in the Stormwater Management System F - b. T/- No, Explain why the project is exempt: 1' Single Family Home . 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 #:1273268 WPA Form 3 - Notice of Intent City/rown: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 Y_ housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOD. 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 die 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 Fv 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 I✓ [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). r 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. W a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 1 DANIEL A. OJALA, MALFA ROAD PE, PLS April 14, 2021 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r- 6. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. f- 7. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. I- 8. Attach NOI Wetland Fee Transmittal Form. I✓ 9. Attach Stormwater Report, if needed. r Page 6 of 7 * ELECTRONIC COPY ri Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1273268 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: 33y5o+33452-+ H —Ito ZI 2, Municipal Check Number 3. Check date 4. State Check Number 6. Payer name on check: First Name F. Signatures and Submittal Requirements 5. Check date -V Xn 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. Si nature of Property Owner(if different) 5. Signa re of Representative (if any) For Conservation Commission: 2. Date 4. Date W W"L-1 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 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 F. Signatures and Submittal Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town 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. Slig—natw6VApplicant 2. Date 3. Signatureof ro erty Ow&L#f ,, different) 4. Date G! kr-- �� _ Ll— 1 b - 5. Sig natu resentative (if any) -D us W k 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. 11/24/2014 Page 9 of 9 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1273268 City/Town:YARMOUTH Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant; a. First Name ANTHONY b.Last Name FEOLA c. Organization d. Mailing Address 1 MALFA ROAD e. City/Town YARMOUTH f State MA g. Zip Code 02673 h. Phone Number i. Fax j. Email 2.Property Owner:(if different) a. Fust Narne LISA b. Last Name DOUGLAS, TR c. Organization d. Mailing Address 1 MALFA ROAD e. City/Town YARMOUTH f.State MA g. Zip Code 02673 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 1 MALFA 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.) WORK ON SINGLE FAMILY LOT; ADDITION, 2 110.00 220.00 POOL, ETC.; City/Town share of filling fee State share of filing fee Total Project Fee $122.50 $97.50 $220.00 Page 1 of 1 * ELECTRONIC COPY Notice of Intent 1 Malfa Road West Yarmouth PROJECT NARRATIVE Introduction Current site improvements include a 3 bedroom dwelling (built in 1946 per assessors records) with separate garage. The concrete seawall which had protected the site for many years was destroyed within the past couple of years from the combination of storms, incessant wave activity from marine traffic and sea level rise. Consequently, land is eroding at a rapid rate and much has been lost (as much as 1600 so. As this is a very small site this is a significant loss. The following work is proposed: • Construction of a vinyl sheet retaining wall approximately 8' landward of the Coastal Bank The resource areas most directly affecting the site are Land Subject to Coastal Storm Flowage (AE el. 11 & 12, VE el. 13) and Coastal Bank. 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). Permitting history In 1996, Down Cape Engineering was hired by the current owner, Anthony Feola, to design and permit a rock retaining wall to replace the concrete wall. This was permitted through local and state agencies, with a Ch. 91 License recorded at the Registry of Deeds. The wall was never constructed and the license has expired. 310 CMR 10.30 Coastal Bank The top of Coastal Bank was delineated at the obvious break in slope and was located by survey instrument. The Bank falls well below the 100 year flood elevation but still serves as storm and minor flood protection. It does not serve as a significant sediment source for a coastal beach. Anon -vegetated peat bank was observed between the bank and area of the previous wall. It is becoming more exposed due to the constant wave action. The retaining wall is proposed landward of the Bank, above the reaches of Mean High Water. A small amount of compatible fill (approximately 20 yards) is proposed landward and seaward of the wall, with jute mat and native vegetation added to assist in stabilizing the area. We are requesting permission to replenish any that is lost after severe storm activity. No work will occur on the Bank, so no adverse impacts are expected from the construction of the wall. Land Subiect to Coastal Storm Flowage The entire site falls within the 100 year flood elevation (AE el 11 & 12) and is impacted by VE el 13. No construction work is proposed on the structures. The remaining land must be protected so that access can -1- be maintained to the house and garage; the structures themselves require protection as well during times of storm activity and extreme tides. Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations: There is no work proposed on the buildings. No changes are proposed for the septic system. The dwelling is used seasonally. The proposed wall construction activity will not have a deleterious effect upon any wetland values as listed in the Bylaw. This solution provides the least disruptive option for both the owner and the abutters for preservation of the property. On behalf of our client, we respectfully request a variance to allow construction within 50' of the Resource Areas. RARE SPECIES The site is not located in a Priority Habitat or Estimated Habitat for state -listed rare species as shown on Mass. GIS Oliver Maps dated 2017. ALTERNATIVES ANALYSIS A coir log solution previously presented was rejected by the owner due to cost and its temporary nature. This land-based retaining wall will serve to protect the structures better and is designed to last much longer than a coir log solution, especially given the exposure. The owner wishes to slow the impacts created by excessive marine traffic, storm events, and extreme high tides. Add into the equation sea level rise and it is apparent that an engineered vinyl wall will provide additional time for the owner and his family to use the property for the foreseeable future. This method will preserve the Bank in its natural state while providing protection. Access will be via the owner's yard. Monitoring of the erosion control will be required each year to determine effectiveness and vegetation health. -2- cm. SG -425 Allowable Moment (M) Section Modulus (Z) Moment of Inertia (I) Impact Strength Thickness (t) Section Depth Section Width Material Standard Colors Technology Standard Packaging ShoreGuard Synthetic Sheet Piling 3,813 ft-Ib/ft 16.96 kN-m/m 14.3 in'/ft 769 cm3/m 57 in4/ft 7,784 cm4/m 13,750 in-lbs/int 2,406 N-mm/mm2 0.285 in 7.2 mm 8.0 in 203 mm 24 in 610 mm Weatherable Rigid Vinyl Grey, Clay Box Profile, I -Beam Lock, XCR"' 20 sheets/bundle Visit cmilc.com/legal for more information on referenced trademarks and patents owned by CMI Limited Co. cmilc.com April 16, 2021 Re: 1 Malfa Road, West Yarmouth To the Yarmouth Conservation Commission: I hereby give my permission for Down Cape Engineering, Inc. to represent me in the application procedure and hearing for the project on 1 Malfa Road, West Yarmouth '�OAM §J t - j a * ac 1 Owner date 20/ 23/ / / (EVORKIAN LEONA TRS iIGHLAND FIFTEEN RLTY TRUST 25 COOLIDGE AVE UNIT 303 VATERTOWN , MA 02472 20/ 24/ _ELCH BRANDON J :ELCH JESSICA i1 PARK AVE VEST YARMOUTH, MA 02673 201 25/ / ! 'IGNETTI THOMAS V TRS 'IGNETTI JANE F TRS 19 HIDDEN KNOLLS CIR AONROE , CT 06468 20/ 26! )OUGLAS LISA A TRS :/O ANTHONY FEOLA !0 WARREN ST AEDFORD , MA 02155 20/ 27.1/ AAC KEY WILLIAM K TRS kLBRECHT LUCINDA V TRS ) O BOX 901 =ALMOUTH , MA 02541 20/ 27.21 /AN DOREN R BERGEN '/O WM K MACKEY TRS ) O BOX 901 =ALMOUTH , MA 02541 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 1 Malfa Rd., West Yarmouth, MA 02673 Assessors Map 20, Lot 26 Andy Maffhado, Director of Assessing 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 n+1 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). I .JVV+ C. The address of the lot where the activity is proposed is .— M CA (T0 Ron, J , la rmdU+�-I D. Proposed work is c n s-IYU c, t reta0 Gl tk)CW._. � G c C� i� a haly V rt- 6 ('4 2r, v U rd S> G, ►n.�� p I CLr1�' 12� c 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 SC) 3 — (!7 2— L4 541 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 n , I is , Address C( C1 �.) CP\ Town6JITY1.01,1+I 1 PoY-c State NA— 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. r� - •` i -' :' `/ •t7i "^ I �! + r -fir p O / 1 //I!� !! / ` ti. ++erne JJ3 m 5° p 11 � — o �. heaer to 1 \50 © © ; •i �\' nn O J? z = Oa26 40 't�-J W to O / V n © is O O Q to t]� ♦ -- / u 4614- o �• � / II hr= N ■ Ori Tdwers s o 1 `a eq R E TElilM A(t�n1 ! 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