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HomeMy WebLinkAboutNOI Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 50 Park Avenue, West Yarmouth Notice of Intent Proposed Raze and Replace of Single-Family Home Town of Yarmouth Conservation Commission October 2021 Prepared for: Ates Civitci 475 Brookline Street Newton, MA 02459 BSC Job #50555.00 October 19, 2021 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Notice of Intent Application, Proposed Raze and Replace of Single-Family Home, 50 Park Avenue, West Yarmouth, MA, BSC Job #50555.00 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Ates Civitci (the Applicant) for the property located at 50 Park Avenue, West Yarmouth, Massachusetts (the Site). The proposed project consists of razing and replacing the existing single-family home (the Project). For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protections By-law. If you have any questions or require additional information, please contact our office at (508) 778 - 8919. Truly yours, BSC Group, Inc. Wetland Scientist cc: Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 NHESP Priority & Estimated Habitat Map 5 FEMA Map 6 BVW Field Data Sheet 7 Photo Page 8 Abutter Information 9 Site Plans 10 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners’ packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) 1 original application with original signatures (double sided). 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. 1 original and 7 copies of the plan, folded separately, right side out with title visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. A 100’ radius map, current abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. A pdf copy of signed application, supporting information, and plan emailed to kgrant@yarmouth.ma.us. Please list project property’s street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. Submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. 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/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. DEPARTMENT OF CONSERVATION x x x x x x x 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 Rev 9/2021 Page 2 of 2 State filing fee: separate check, Refer to Wetland Fee Transmittal Form By-law filing fee: separate check made payable to “Town of Yarmouth” Legal ad fee: separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL to DEP, Southeast Region at SERO_NOI@mass.gov with a subject line showing “YARMOUTH - NOI - Street Address - Applicant Name” and copied to kgrant@yarmouth.ma.us. We must receive a copy of this email as proof that it has been sent to DEP. 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? *To view all Conservation files for the property address online: Go to www.yarmouth.ma.us and click on: -Yarmouth Online Town Services -Town Record Search with Weblink -Browse Our Parcel Related Documents -First letter of street name to open file -Street name -Property address -Conservation -Click on the folder you want to view x x x x x 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 Town of Yarmouth Conservation Commission WAIVER “Please complete this form, sign at the bottom and return by mail or fax to the address indicated above.” Date: I, hereby waive the twenty-one day time period for a public Name of Applicant or Representative hearing / meeting following receipt of my filing of; □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:for work at: Date Received in Conservation Dept. Location / 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 Property Owner _________________________________ (Signature) _________________________________ (Date) DEPARTMENT OF CONSERVATION Paul Mancuso (Representative) x 10/21/21 50 Park Avenue x ------------- --------------------- 10/19/21 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Site Access Authorization Form General Information: If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION 50 Park Avenue, Yarmouth, MA Paul Mancuso 10/19/21 Agent BSC Group, Inc. - Paul Mancuso 349 Route 28, Unit D West Yarmouth, MA 02673 508-778-8919 PMancuso@BSCGroup.com Map 20 Lot 73 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 Town of Yarmouth Wetland By-Law, Chapter 143 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): 50 Park Avenue a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.646155 d. Latitude -70.267537 e. Longitude 20 f. Assessors Map/Plat Number 73 g. Parcel /Lot Number 2. Applicant: Ates a. First Name Civitci b. Last Name c. Organization 475 Brookline Avenue d. Street Address Newton e. City/Town MA f. State 02459 g. Zip Code 617-347-5359 h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner 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): Paul a. First Name Mancuso b. Last Name BSC Group, Inc. c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number PMancuso@BSCGroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 a. Total Fee Paid $237.50 b. State Fee Paid $262.50 c. City/Town Fee Paid wpaform3.doc • rev. 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 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The proposed project is to raze and replace an existing single-family home. The septic system will also be relocated to the front yard so that it is further away from the wetland. 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) 32858 c. Book 286 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 Town of Yarmouth Wetland By-Law, Chapter 143 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 Town of Yarmouth Wetland By-Law, Chapter 143 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 ±11,000 proposed; ±11,600 existing 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 Town of Yarmouth Wetland By-Law, Chapter 143 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 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 Town of Yarmouth Wetland By-Law, Chapter 143 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 Town of Yarmouth Wetland By-Law, Chapter 143 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 Town of Yarmouth Wetland By-Law, Chapter 143 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. Plan of Land a. Plan Title BSC Group, Inc. b. Prepared By Kieran Healy, PLS c. Signed and Stamped by 9/27/2021 d. Final Revision Date 1" = 20' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 130 2. Municipal Check Number 9/30/2021 3. Check date 131 4. State Check Number 9/30/2021 5. Check date Ates 6. Payor name on check: First Name Civitci 7. Payor name on check: Last Name 10/19/21 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 50 Park Avenue a. Street Address West Yarmouth b. City/Town 130 c. Check number $237.50 d. Fee amount 2. Applicant Mailing Address: Ates a. First Name Civitci b. Last Name c. Organization 475 Brookline Street d. Mailing Address Newton e. City/Town MA f. State 02459 g. Zip Code 617-347-5359 h. Phone Number i. Fax Number 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. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Cat 2. $500 1 $500.00 $500.00 Town ByLaw: Cat 2 - $200 Legal Ad Fee: $10 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: $500.00 a.Total Fee from Step 5 State share of filing Fee: $237.50 b.1/2 Total Fee less $12.50 City/Town share of filling Fee: $262.50 c.1/2 Total Fee plus $12.50 C.Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) $500.00 Notice of Intent 50 Park Avenue West Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 50 Park Avenue, in West Yarmouth (the Site) involves a raze and replace of the existing single-family home as well as installing a new septic system further from the wetland in the back yard (the Project). This application is being submitted in accordance with the Massachusetts Wetlands Protection Act (WPA) and the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw). 2.0 SITE DESCRIPTION The property located at 50 Park Avenue in West Yarmouth, is bordered by single-family homes to the east and west with an old overgrown bog to the north. The property across the street (Park Ave) to the south contains another single-family home that borders Lewis Bay. The wetland resource areas and areas of conservation jurisdiction on or adjacent to the Site, that are protected under the Wetlands Protection Act and the Town of Yarmouth Wetland Protection Bylaw include: • Bordering Vegetated Wetland (Bog) • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF), FEMA Flood Zone AE (El. 11) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Raze and Replace: The existing single-family home is proposed to be razed and replaced. The existing septic system will also be replaced. A majority of the site is located within Land Subject to Coastal Storm Flowage (LSCSF). The existing disturbance within LSCSF is ±11,600 sf and the proposed project will leave ±11,000 sf of disturbance within LSCSF. This is because ±600 sf of existing lawn is proposed as a mitigation planting area (See Table 1). The entire site is located within the 50’ buffer to top of coastal bank because there is a coastal bank on either side of the house. One coastal bank associated with Lewis Bay and the other coastal bank associated with the overgrown bog in the back yard. There will be no chance in the overall disturbance within the 50’ buffer to top of coastal bank. The existing and proposed disturbance within the 50’ buffer to top of coastal bank is ±7,720 sf. However, the proposed building is offset from the top of coastal bank by 10’ while it is currently only 6.8’ offset. Impacts to the buffer zone of the BVW will be slightly reduced. Existing disturbance within the 0’-50’ buffer to BVW is ±1,750 sf and the proposed disturbance is 1,150 sf. Again this is due to the removal of maintained lawn within the 0’-50’ buffer to BVW, and replacing this area with the native plantings listed in Table 1. Disturbance within the 50’-100’ buffer to BVW will remain the same at ±5,570 sf. 4.0 MITIGATION Prior to the start of any work a line of sediment and erosion controls (e.g. straw wattles or hay bales) will be installed between the limit of work and the wetland resource areas. Roll off containers will be located within the existing driveway or street as far from wetland resource Notice of Intent 40 Mayflower Terrace South Yarmouth, MA areas as possible. Caution will be taken to ensure construction debris does not enter the wetland resource areas. Any debris that does enter the wetland will be removed and disposed of immediately. To mitigate for the impacts associated with this project, ±600 sf of mitigation plantings are proposed within areas of existing lawn. The mitigation area will be comprised of native plant species approved by the Cape Cod Cooperative Extension. Table 1 below outlines the proposed plantings within the three planting areas within Coastal Bank. Table 1: Mitigation Planting Palette Common Name Scientific Name Number Spacing Sweet pepperbush Clethra alnifolia 5 5’ OC Inkberry Ilex glabra 5 5’ OC Lowbush blueberry Vaccinium angustifolium 10 3’ OC Sweet fern Comptonia peregrina 10 3’ OC Copyright:© 2013 National Geographic Society, i-cubed 70°16'0"W 70°16'0"W 70°17'0"W 70°17'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: \\bscbos\yar\Projects-YAR\5055500\Environmental\GIS\Output\Maps\MXD\ReportMaps\50Park_LOCUS_Map.mxdDate Saved: 9/20/2021 7:43:51 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed50 PARK AVEWEST YARMOUTH, M AUSGS Site Locu s M ap(pa ge size: 8.5 X 11) 1 inch = 1 ,6 67 fe et 0 850 1,700 Feet H Site Location kj kj kj 70°16'0"W 70°16'0"W THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:50 PA RK AVEWEST YARMOUTH, MA NHESP Map USGS 2008-2009 NHESP 2017 ESRI World Imagery ESRI World Topo±1:3 ,00 0 0 130 260 Feet 1 inch = 250 feet Legend NHESP Priority Habitats of Rare Species NHESP Estim ated Habitats of Rare Wildlife kj Certified Ver nal Pools kj Potential Vernal Pools Site Locus Date Saved: 9/20/2021 7:55:18 PMDocument Path: \\bscbos\yar\Projects-YAR\5055500\Environmental\GIS\Output\Maps\MXD\ReportMaps\50Park_NHESP_Map.mxd National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 9/20/2021 at 7:34 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°16'22"W 41°39'N 70°15'44"W 41°38'33"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 MassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant:_AtesCivitci._Prepared by:__BSC Group, Inc.___ Project location:_50 Park Ave, Yarmouth, MA __ DEP File #:_______________ Check all that apply: Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: Transect Number: Date of Delineation: 7/20/2021 A. Sample Layer & Plant Species (by common/scientific name) B.Percent Cover (or basal Area) C.Percent Dominance D.Dominant Plant (yes or no)E.Wetland Indicator Category* Herbaceous: *Phragmites australis Common reed 60% 50% Yes FACW *Impatiens capensis Jewelweed 40% 33% Yes FACW *Toxicodendron radicans Poison ivy 10% 8.3% No FAC Parthenocissus quinquefoia Virginia creeper 10% 8.3% No FACU Total Percent Cover 120% Saplings/Shrubs: *Viburnum dentatum Arrowwood 10% 100% Yes FACW Total Percent Cover 10% Tree: *Acer rubrum Red maple 75% 100% Yes FAC Total Percent Cover 75% Vines: Absent *Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act (MGL c.131, s.40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FACW-, FACW, FACW+, or OBL; or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 4 Number of dominant non-wetland indicator plants: 0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? YES If vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of Int Section II. Indicators of Hydrology Hydric Soil Interpretation 1.Soil Survey Is there a published soil survey for this site? yes no title/date: Websoil Survey/2018 map number: soil type mapped: hydric soil inclusions: Are field observations consistent with soil survey? yes no Remarks: 2. Soil Description Horizon Depth Matrix Color Mottles Color Organic layer 0”-2” A layer 2” – 10” 10 YR 4/2 B layer 10”-24” 10 YR 3/2 Remarks: 3.Other: Conclusion: Is soil hydric? Yes Other Indicators of Hydrology: (check all that apply & describe) Site Inundated: __________________________________ Depth to free water in observation hole: 6”_____________ Depth to soil saturation in observation hole: 0”__________ Water marks: ____________________________________ Drift lines: _______________________________________ Sediment Deposits: ________________________________ Drainage patterns in BVW: __________________________ Oxidized rhizospheres: _____________________________ Water-stained leaves: Yes___________________________ Recorded Data (streams, lake, or tidal gauge; aerial photo; other): ________________________________________________________ ________________________________________________________ ________________________________________________________ Other: __________________________________________________ Vegetation and Hydrology Conclusion Yes No Number of wetland indicator plants ># of non-wetland indicator plants Yes ____ Wetland hydrology present: Hydric soil present Yes Other indicators of hydrology present Yes Sample location is in a BVW Yes Submit this form with the Request for Determination of Applicability or Notice of Intent. Photo 1: View of BVW to the northwest of the Site. Looking northwest Photo 2: View of BVW to the northeast of the Site. Looking northeast Site Photographs August 2021 50 Park Avenue West Yarmouth, MA Page 1 20/ 75/ / / PERI DAVID A PERI DONNA M 56 PARK AVE WEST YARMOUTH , MA 02673 20/ 74/ / / LANCTOT JOSEPH E EST OF C/O ZUIDEMA PETER & PAUL 208 SOUTH IRVING ST ARLINGTON , VA 22204-1728 20/ 73/ / / SCHUMACHER SCOTT CIVITCI ATES AND ELIZABETH 475 BROOKLINE ST NEWTON , MA 02459 20/ 72/ / / PARAS KATHLEEN M TRS KATHLEEN M PARAS 2020 REV TRUST 53 SALISBURY ST WINCHESTER , MA 01890 20/ 23/ / / KEVORKIAN LEONA TRS HIGHLAND FIFTEEN RLTY TRUST 59 PARK AVE WEST YARMOUTH , MA 02673 20/ 24/ / / ZELCH BRANDON J ZELCH JESSICA 51 PARK AVE WEST YARMOUTH , MA 02673 20/ 28/ / / SHRAGO JEFFREY K TRS SHRAGO ELLEN L TRS 9544 NEWBRIDGE DR POTOMAC , MD 20854 28/ 58.1.1/ / / CAPE COD HOSPITAL 25 COMMUNICATION WAY HYANNIS , MA 02601 20/ 27.2/ / / VAN DOREN R BERGEN C/O WM K MACKEY TRS P O BOX 901 FALMOUTH , MA 02541 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at: 50 Park Ave, West Yarmouth, MA 02673Assessors Map 20, Lot 73______________________________________Andy Machado, Director of Assessing September 28, 2021 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 ___Ates Civitci________________________________________ 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 ___50 Park Avenue______________ D.Proposed work is to raze and replace a single-family home E.Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F.Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _____________________________________ Or Applicant’s representatives phone number _508-778-8919______________________ G.Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H.Person sending this notification (applicant, representative or other) Name __Paul Mancuso_________________________ Address __349 Route 28 Unit D_____________________ Town _W Yarmouth______ State __MA___ Zip __02673_ Telephone _508-778-8919_________________________ NOTES : •Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. •Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. •You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application.