HomeMy WebLinkAboutNOINovember 18, 2021
Yarmouth Town Hall
Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
RE: Notice of Intent – 12 Burch Road – Single Family Dwelling
Applicant: Thomas Fitzpatrick
Dear Commission Members:
On behalf of the applicant we hereby submit this Notice of Intent application for the above
reference project. The project consists of replacing a single-family dwelling within land subject
to coastal storm flowage. Enclosed please find the following:
1.1 original and 7 copies of the Site Plan, dated October 18, 2021
2.1 copy of NOI checklist
3.1 copy of narrative
4.1 original application (signed electronically)
5.1 copy of USGS map
6.1 copy of Abutter Notification Form
7.1 copy of Certified List of Abutters
8.$262.50 check payable to the Town of Yarmouth (state filing fee)
9.$200.00 check payable to Town of Yarmouth (bylaw fee)
10.$10.00 check payable to the Town of Yarmouth (legal ad fee)
If you have any questions please do not hesitate to call.
Sincerely,
GRADY CONSULTING, L.L.C.
_____________________
Brendan Kling
Project Designer
Cc: Thomas Fitzpatrick
12 Orchard Blossom Rd
Windham NH 03087
J:\2020\20-427\Convervation\Con Com NOI.docx
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
NO
X
X
X
X
N/A
N/A
TBD
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
$262.50
$200
$10.00
X
X
X
X
N/A
X
Meets Zoning bylaws
N/A
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):
12 Burch Road
a. Street Address
Yarmouth
b. City/Town
02664
c. Zip Code
Latitude and Longitude: 41-38-39N
d. Latitude
70-12-29 W
e. Longitude
26
f. Assessors Map/Plat Number
56
g. Parcel /Lot Number
2. Applicant:
Thomas
a. First Name
Fitzpatrick
b. Last Name
c. Organization
12 Orchard Blossom Road
d. Street Address
Windham
e. City/Town
NH
f. State
03087
g. Zip Code
317-306-7410
h. Phone Number
i. Fax Number
scott.fitzpatrick@comcast.net
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):
a. First Name
b. Last Name
Grady Consulting
c. Company
71 Evergreen Street
d. Street Address
Kingston
e. City/Town
MA
f. State
02364
g. Zip Code
781-585-2300
h. Phone Number
i. Fax Number
bkling@gradyconsulting.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:
Raze & Rebuild of a single family home
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
224556
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.
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
8,500
1. square feet
4. Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW
b. square feet of Salt Marsh
5. Project Involves Stream Crossings
a. number of new stream crossings
b. number of replacement stream crossings
wpaform3.doc • rev. 6/18/2020 Page 5 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
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.
Site Plan
a. Plan Title
Grady Consulting
b. Prepared By
Richard Grady & Tim Bennett
c. Signed and Stamped by
d. Final Revision Date
1"=10'
e. Scale
f. Additional Plan or Document Title
10/18/2021
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payor name on check: First Name 7. Payor name on check: Last Name
7431 11/18/2021
Lineal Construction Inc.
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:
12 Burch Road
a. Street Address
Yarmouth
b. City/Town
c. Check number
$237.50
d. Fee amount
2.Applicant Mailing Address:
Thomas
a. First Name
Fitzpatrick
b. Last Name
c. Organization
12 Orchard Blossom Road
d. Mailing Address
Windham
e. City/Town
NH
f. State
03087
g. Zip Code
317-306-7410
h. Phone Number i. Fax Number
scott.fitzpatrick@comcast.net
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.
7431
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 Single Family Home
1
$500
$500
Step 5/Total Project Fee:$500.00
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.)
NARRATIVE – 12 Burch Road, Yarmouth
This project is for the raze and rebuild of the existing single family dwelling as 12 Burch Road in
Yarmouth. Currently existing on site is a single family dwelling, shed, patio, and other small site features.
The project proposed to demolish the existing structures and rebuild a single family dwelling above the
flood zone. The project also includes a new septic system that has been submitted to the Board of Health
and is designed in compliance with Title 5.
Typical equipment involved in the construction of a single family dwelling will be used for this project.
Staging areas will be in the side yard and in the rear yard away from the proposed septic system. This
project is not subject to the standards of the MA stormwater standards as it is a single family home. Silt
sack will be used as needed on site. Any plantings will consist of native species and invasive species will
be removed if identified.
This project will not reduce the land subject to coastal storm flowage as the volume is negligible to the
volume of storm flowage. Stormwater paths will remain unchanged. No significant change to the surface
topography is proposed. Best management practices such as silt socks will be employed as necessary.
GRADYONSULTING, L.L.C.C
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 __Thomas Fitzpatrick
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 12 Burch Road, Yarmouth
D. Proposed work is Raze and rebuild of existing structure
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 317‐306‐7410
Or Applicant’s representatives phone number 781‐585‐2300
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 Brendan Kling (Grady Consulting)
Address 71 Evergreen St
Town Kingston State MA Zip 02364
Telephone 781‐585‐2300
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.
26/ 13/ / /
VOLLEMANS RICH & MAR (LIFE EST)
LEBLANC LEE VOLLEMANS RA & MN
107 COLONIAL AVE
WALTHAM , MA 02453
26/ 12/ / /
FERULLO RICHARD C
4 DAYTON ST
NORTH CHELMSFORD , MA 01863
26/ 11/ / /
HALL ROBERT D TR
C/O CARPENITO DEAN J
8 VETERANS WAY
READING , MA 01867
26/ 10/ / /
MALASPINA EDMUND J (LIFE EST)
P O BOX 7136
PROSPECT , CT 06712
26/ 58/ / /
KIRBY MICHAEL F
KIRBY MARTINA M
12 NEWCOMB RD
STONEHAM , MA 02180
26/ 57/ / /
BARRY JOHN T
BARRY MARY P
8 WEDGEWOOD CT
NEWTOWN , CT 06470
26/ 59/ / /
FITZPATRICK ALLISON
C/O FITZPATRICK THOMAS S TR
12 ORCHARD BLOSSOM RD,
WINDHAM , NH 03087
26/ 62/ / /
SHAINK NICHOLAS J
SHAINK MELISSA E
11 WILLOW LN
BELCHERTOWN , MA 01007
26/ 61/ / /
MOVESSIAN WALLACK ANDREA TR
THE 4 BURCH RD RLTY TRUST
21 CLIFF RD
WALTHAM , MA 02452
26/ 60/ / /
KYER MARK S
KYER CAROL A
2616 CREPE MYRTLE DR
FLOWER MOUND , TX 75028
26/ 66/ / /
DELLAROCCO DAVID
18 HERITAGE DR
WOBURN , MA 01801
26/ 65/ / /
NOLAN CHARLES H
10 SCOTT HILL RD
IPSWICH , MA 01938
26/ 64/ / /
CITRANO JOHN A
CITRANO ROBIN M
410 SALEM ST UNIT 601
WAKEFIELD , MA 01880
26/ 63/ / /
GIANNACOPOULOS PETER TR
DIMAS REALTY TRUST
11 EDGEWATER DR
NEEDHAM , MA 02192-2709