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HomeMy WebLinkAboutNOIJ.M. OREILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting April 22, 2021 r tnraTu r Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664-4492 Re: Notice of Intent — Site Plan 222 Pleasant Street, Yarmouth, Ma Assr's Map 43, 24 Dear Commission Members, On behalf of our clients, Bass River Property, LLC, Francis Lloyd, J.M. O'REILLY & ASSOCIATES, INC. is providing the enclosed Notice of Intent and Site Plan so as to address the requirements of the enforcement order issued September 21, 2020, at the above referenced parcel. As required by the Enforcement Order, the two racks have been removed from the upper beach area and all trimming has been halted. The violation occurred when two pre-existing elevated racks were replaced with new racks along with the upright kayak rack. The new racks were installed in the same area as the previous racks. Attached are four (4) photographs of the beach area. The first two photographs show the previous rack locations on the upper beach area. Please note, for reference, the house in the background in the first photo was removed in 2013-2014 and reconstructed. The second two photos show the racks which caused the violation notice. It is my understanding, the Commission in their review of the violation, agreed to keep the upright kayak rake, but required the newer racks removed. The attached Site Plan shows the existing site conditions which include the upright kayak rack and a wooden bench. These items along with the other features, were requested by the Commission so as to confirm the site conditions as of 2020-2021. In conjunction with the Notice of Intent and Site Plan for the Enforcement Order, the Applicants are seeking to receive approval to re -install the previous elevated racks. The two racks are shown on the Site Plan and are labeled as proposed features. Wetland Resources: The parcel sits adjacent to Bass River about a % mile from Nantucket Sound. The wetland resources associated with the parcel are Land Under the Water (Bass River), Coastal Beach, Salt Marsh, Coastal Bank, Riverfront Area and Land Subject to Coastal Strom Flowage. The landward resource for the establishment of the 50 and 100 foot Buffer Zones is the Coastal Bank. Please refer to the Site Plan for the location of the resources and the associated buffer zones. 1573 MAIN STREET, P.O. BOX 1773, BREWSTER, MA oz63 i • PHONE: (5o8) 896-66oI • FAX: (508) 896-66o2 W W W.JMOREILLYASSOC.COM Project Narrative: In discussions with the applicants, the violation was triggered when they replaced the two racks with two new racks and a kayak rack. The applicants would like the Commission to consider approving the two previous racks as they are useful items with the historic use of the waterfront, by the applicants and their family members. The Applicants and a majority of the family members are sailors and do not own a large motor powered watercraft. The applicants own a small runabout watercraft (motorized). The remaining watercraft enjoyed by the owners are sail or paddle. For many years, the Applicants have used the water front for the enjoyment of family and their passion for sailing. The previous elevated racks allowed the applicants to overnight store the small sailing crafts above the well established beach grass area on the upper beach area. The two sets of racks are similar in construction as the previous racks. The racks consist will of a set of 2x6 rails with each rail supported by a 4x4 post. A total of eight (8) posts are proposed, with each post being set into the ground a depth of 48 inches. All hardware will be galvanized and the wood pressure treated. The racks will be 24 inches above ground so as to allow for boat storage without disturbing the vegetation. The racks are open to the air so shading will be minimal. The older photos reflect the lack of disturbance to the vegetation when the racks where in place and used during the summer season. The parcel is located in between two existing rock revetment structures. The parcel does not have a revetment so the applicants are very aware of the beach elevation and potential impacts from the lack of sand as generally caused by rock revetments on adjacent parcels. The existing salt marsh system area provides some protection and stability to the beach area. Protecting the salt marsh vegetation and the vegetation throughout the upper beach area is very important to the applicants, whose family has owned the parcel since 1938. In our discussions with the Applicants, the beach area at high tides is somewhat limited given the two salt marsh areas, as referenced above, on either side of the existing dock. The family uses the waterfront for primarily sailing within the waters of Bass River and Nantucket Sound. The small sail crafts, when not in use, are stored above the high tide line. The applicants are concerned that the short term placement of the small water crafts will impact the vegetation along the upper beach area. Even with the precautions taken, the Applicants are concerned that over time the vegetation will be disrupted and an impact to the upper beach area be realized. The proposed placement of the two racks will alleviate the potential of impact to the vegetation on the upper beach and then ultimately the salt marsh resource. It is the opinion of J.M. O'REILLY & ASSOCIATES, INC., that the re -installation of the two rack system will provide the protection to the upper beach area and the associated vegetation. The historic use of the elevated racks demonstrate the lack of impact the racks have on the resources. The following is a review and analysis of 310 CMR 10.000, Performance Standards, for Coastal Bank, Salt Marsh, Coastal Beach & Tidal Flat. Very truly yours, J.M. O'REILLY & ASSOCIATES, INC. John O'Reilly, P.E., P.L.S. Principal CC: Applicant MA DEP Massachusetts Department of Environmental Protection LBureau of Resource Protection - Wetlands il WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Important: A. General Information When filling out forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 222 Pleasant Street cursor - do not a. Street Address use the return key. Latitude and Longitude: VT W 43 ICS f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: n Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Yarmouth 02664 b. Cily/Town c. Zip Code 41.656940 -70.194080 d. Latitude e. Longitude 24 Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. a. First Name b. Last Name Bass River Property LLC c. Organization 59 Hilltop Road d. Street Address Chestnut Hill MA 02467 e. City/Town f. State g. Zip Code tvlloyd@rcn.com h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): El Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. Cily/rown I. State h. Phone Number I. Fax Number j. Email address 4. Representative (if any): John O'Reilly a. First Name b. Last Name J.M. O'REILLY & ASSOCAITES INC. c. Company g. Zip Code d. Street Address Brewster MA 02631 e. f. State g. Zip Code 508-896-6601 508-896-6602 joreilly@jmoreillyassoc.com h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 110.00 42.50 67.50 a. Total Fee Paid b. State Fee Paid c. City/rown Fee Paid wpaform3.doc • rev. 6/18/2020 Page 1 of 9 L L940p� 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 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information (continued) 6. General Project Description: 0 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Cilyrrown The project proposes to install two wooden racks for the storage of small sailing crafts. The racks will be open to the air and will allow for small sailing crafts to be stored off the ground, avoiding disturbance to the ground and vegetation. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 9. ® Other 2. ❑ Residential Subdivision 4. ❑ Dock/Pier 6. ❑ Coastal engineering Structure 8. ❑ Transportation 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 Lot 1, Cert# 143143 a. County b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaformIdoc • rev. 6/18/2020 Page 2 of 9 LeiMassachusetts 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 Town of Yarmouth Wetland By -Law, Chapter 143 Ft Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (conrd) Size of Proposed Alteration 1. linear feet 1. square feel 1. square feel 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost Proposed Replacement (if any) 2. linear feet 2. square feet 2. square Proposed Replacement (if any) 2, square feet 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 Bass River - Coastal 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: 32quare f square feet 4. Proposed alteration of the Riverfront Area: 0.5 SF (8 4"X4" POSTS) 0.5 SF (8 4"X4" POSTS) a. total square feet b. square feet within 100 ft. c. square feet between 100 fl. 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 3 of 9 Resource Area a. ❑ Bank For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland please attach a narrative c. ❑ Land Under explaining how Waterbodies and the resource Waterways area was delineated. Resource Area d. ❑ Bordering Land Subject to Flooding Size of Proposed Alteration 1. linear feet 1. square feel 1. square feel 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost Proposed Replacement (if any) 2. linear feet 2. square feet 2. square Proposed Replacement (if any) 2, square feet 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 Bass River - Coastal 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: 32quare f square feet 4. Proposed alteration of the Riverfront Area: 0.5 SF (8 4"X4" POSTS) 0.5 SF (8 4"X4" POSTS) a. total square feet b. square feet within 100 ft. c. square feet between 100 fl. 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 3 of 9 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 Town of Yarmouth Wetland By -Law, Chapter 143 0 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Cityrrown 1. cubic yards dredged 1. ® Land Subject to no alteration Proposed 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 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. square feet of Salt Marsh b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 4 of 9 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 Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt page) b. ❑ Land Under the Ocean 1. square feet With all supplementary information you 2. cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ® Coastal Beaches No Alteration Proposed 1. square feet 2. cubic yards beach nourishment e. ® Coastal Dunes 8-4"x4" posts = 0.5 sf N/A 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. ® Coastal Banks No Alteration Proposed 1. linear feet g. ❑ Rocky Intertidal Shores 1. square feet n. ® Salt Marshes No Alteration Proposed N/A 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 1. ® Land Subject to no alteration Proposed 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 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. square feet of Salt Marsh b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 4 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Fora 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 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 htto://maos.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 MA GIS 1 Rabbit Hill Road b. Date of map Westborough, MA 01581 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 (b) outside Resource Area percentage/acreage 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- enda ncered-species-act-mesa-reg ulatory-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 pail of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 5 of 9 0 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent — Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Town of Yarmouth Wetland By -Law, Chapter 143 city/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at httr)s://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: tdi ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (0 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, httr)s•//www.mass gov/service-details/exemptions-from-review-for-proiectsactivities-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 NO[ 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(Mmass.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-northCa 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 6 of 9 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Document Transaction Number Yarmouth C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. El 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 (NO]). 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 7 of 9 7LI Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 D. Additional Information (cont'd) Document Transaction Number Yarmouth 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. Proposed Site Plan a. Plan Title J.M. O'REILLY & ASSOCAITES, INC. John O'Reilly P.E. P.L.S. b. Prepared By c. Signed and Stamped by 4-20-2021 V = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 6. ® 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 Feeransmittal orm) to confirm fee payment: M19 Ll -zz zt 2. Municipal Ch ck Number 3. Check date I oq�b 1� .7,-L- 4. State Check Number 5. Check date J.M. O'Reilly & Assoc., Inc. 6. Payor name on check: First Name 7. Payor name on check: Last wpaform3.doc • rev. 6/18/2020 Page 8 of 9 Massachusetts Department of Environmental Protection Providedby MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number 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 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. G. 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. t�ture of Applican 2. Dat 4. Dat - 2z--Z-,P-2A6. 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. wpaform1doc • rev. 6/18/2020 Page 9 of 9 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 A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your 222 Pleasant Street Yarmouth cursor - do not a. Street Address b. City/Town use the return /h c (1 key. 1 v" t !p o �1 2. "Jy c. Check number d. Fee amount fD 2. Applicant Mailing Address: Francis Lloyd rtm a. First Name b. Last Name Bass River Property LLC c. Organization 59 Hilltop Road d. Mailing Address Chestnut Hill MA 02467 e. City/Town f. Stale g. Zip Code fvlloyd@rcn.com h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): Same a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Cade h. Phone Number I. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category Fee should be calculated using the following process & worksheet. Please see Instructions before tee list and 9 9 examples in the filling out Worksheet instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). 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. noifeelf.dm • Wefland Fee Transmittal Form • rev. 10(11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities Undividual Fee Activity Fee Category 1a 1 110.00 110.00 Step 5/Total Project Fee: 110.00 Step 6/Fee Payments: 110.00 Total Project Fee: a. TotalFee 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.) noifeetf.dm • Welland Fee Transmittal Form • rev. 10111 Page 2 of 2 Site a"es6 autho4ka tiara lawn DEPARTMENT OF CONSERVATION QetL&e 3 �- If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: 222 Pleasant Street Assessors Map/Lot: 43 124 I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: Jt\��V' Date: Z• &Z.1 �l Please Print Name: John M. O'Reilly, P.E., P.L.S. If other than owner, please state whether tenant, agent, or other: Agent Mailing Address: P.O. Box 1773 Brewster, MA 02631 Phone: 508-896-6601 Cell: Email: joreilly@jmoreillyassoc.com Fax: 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 DEPARTMENT OF CONSERVATION Town of Yarmouth Conservation Commission WAIVER "Please complete this form, sten at the bottom and return by mail or fax to the address indicated above." Date: 1, John M. O'Reilly, P.E., P.L.S. hereby waive the twenty-one day time period for a public Name of Applicant or Representative hearing / meeting following receipt of my filing of; 10 Notice of Intent ❑ Request for Determination of Applicability ❑ Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 40, and/or under YarmouthWetland Bylaw. The request was submitted on: April 22, 2021 for work at: 222 Pleasant Street Date Received in Conservation Dept, Location I Address of where work will be done Please be advised that you will be notified of the meeting date, once this application has been assigned to a Conservation Meeting Agenda. I am the: Applicant Applicant's Representative V Property Owner (Si nature) (Date) Yarmouth Conservation Connuission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 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 Francis V. Lloyd III (Bass River Property LLC) 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 222 Pleasant Street D. Proposed work is to install two elevated racks so as to provide storage area for small sail boats. 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 representatives phone number 508-896-6601 or email info@imoreillvassoc.com 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 John O'Reilly, P.E., P.L.S. O.M. O'Reilly & Associates, Inc.) Address 1573 Main St., P.O. Box 1773 Town Brewster State MA Zip 02631 Telephone 508-896-6601 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. 51/ 12.3/ HAGOPIAN JESSE R HAGOPIAN REBECCA JEAN 95 ROUTE 6A YARMOUTH PORT, MA 02675 51/ 151 1 I PARKER DAVID S BLAKE PARKER KATHERINE 211 PLEASANT ST, SOUTH YARMOUTH. MA 02664 43/ 241 BASS RIVER PROPERTY LLC C/O FRANCIS V LLOYD III 59 HILLTOP RD CHESTNUT HILL, MA 02467 431 22/ STAGER NANCY HUNTINGTON STAGER JAMES E 42 AUTUMN LN READING, MA 01867 43/ 26/ / I MARSHALL BARBARA B 539 CROSSLANDS DR KENNETT SQUARE, PA 19348 51/ 104/ / / TAUBERT MARTYN C/O TALBERT SANDRA 140 PLEASANT ST SOUTH YARMOUTH. MA 02664 511 1051 / / COLEMAN R THOMAS TRS COLEMAN DEBORAH S TRS 214 PLEASANT ST SOUTH YARMOUTH. MA 02664 43/ 25/ LLOYD STRATTON C LLOYD TRENT S 217 LARCH RD WENHAM , MA 01984 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 222 Pleasant St., South Yarmouth, MA 02664 Assessors Map 43, Lot 24 Andy M21chado, Director of Assessing uj w LL, x :.rae ii X 0 F- c EL CL C O N r [ L 9 x x x x x `o y ] x N y c fzz�' 40[� DI�Da b 0000 o 00 vii i VI 9 I IFI I E 1 y l 5 N l ~ 1ryryi tl'. m Is N ON r10 (Lli n NUP �I �onmmomr��om - I Y NL y 1: If•'{I. hy i Ili•.r V�� t E 1 y l 5 N l ~ 1ryryi tl'. m v IE f' �a /r � 1 ..1, �/... \ ri ��l t r. �ly�t;;f}� 1 ../ t I � 1 "1 1 � ,'11 � ` I •( �� n �1 J .1 it .�\I ��S �' .. 11, �: ,',1� � , • V_w •; :'•Y. it , ` .��.�J �'L,.�. ��? .1 j'1 •�r .tl�' 11 + �/ ..i j r e4�,'_j is L ,� �' �•�.l', .� I 1. I s. r,l' r It I 751•^��•. 1' I ��� ��. t11:-;�.��1'. � /�. '��•�/�. '� •� � i i liwx. . N PL