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HomeMy WebLinkAboutRDA Dec 2021 Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 4 Bayview Street, West Yarmouth Request for Determination of Applicability Solar Field Town of Yarmouth Conservation Commission December 2020 Prepared for: Nextgrid Inc. c/o Daniel Serber Senior Director of Land Development PO Box 7775 #73069 San Francisco, CA 94120 BSC Job #50573.00 December 22, 2021 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Agent RE: Request for Determination of Applicability, Proposed Construction of Solar Field, 4 Bayview Street, Yarmouth, BSC Job #50573.00 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) Application on behalf of Nextgrid Ic., c/o Daniel Serber (the Applicant), for the property located at 4 Bayview Street, in West Yarmouth (the Site). The proposed project at the site involves the construction of a solar field overtop of an existing paved parking lot. For more information, please refer to the attached Site Plans and attached narrative. Enclosed please find the Request for Determination of Applicability application and accompanying materials. If you have any questions or require additional information, please contact me at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Wetland Scientist cc: Nextgrid Inc. c/o Daniel Serber, Senior Director of Land Development, PO Box 7775 #73069, San Francisco, CA 94120 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 • kgrant@yarmouth.ma.us Rev. 9/2021 Administrative Checklist Request for Determination of Applicability 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: 1 original application with original signatures (double sided). A detailed project narrative to include sufficient information to enable the Commission to determine whether the proposed work will alter an area subject to protection (in hardcopy form). BVW delineation sheet(s), coastal bank calculation and other relevant material (in hardcopy form). 1 hardcopy of a Yarmouth Assessor’s locator map highlighting parcel(s) where work is proposed, including map and parcel numbers. Assessor’s maps can be found at www.yarmouth.ma.us/70/Assessor 1 original and 7 photocopies of the plan/sketch, folded separately, right side out with title visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed and existing conditions, native species, size and spacing. A pdf copy of the application, supporting information and plan/sketch emailed to kgrant@yarmouth.ma.us. Please put the property’s street address in the pdf file name. Local filing fee – separate check payable to “Town of Yarmouth”. Legal ad fee – separate check payable to “Town of Yarmouth”. (Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms) A pdf copy of the signed application and plan/sketch must be sent VIA EMAIL to DEP, Southeast Region at SERO_NOI@mass.gov with a subject line showing “YARMOUTH - RDA - 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. Submit a copy of any Certified Mail receipts (PS Form 3800) for others, such as Massachusetts Natural Heritage and Endangered Species Program, Massachusetts Division of Marine Fisheries, etc. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. If the applicant is not the property owner: Please submit a signed Site Access Authorization Form; AND The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this office. Please submit a copy of the Certified Mail receipt with application. CONSERVATION OFFICE X X X X X X X X X N/A 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 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 4 Bayview Street, Yarmouth, MA 36/93 Agent Paul Mancuso 12/10/2021 BSC Group, Inc. - Paul Mancuso 349 Route 28, Unit D West Yarmouth, MA 02673 508-778-8919 PMancuso@BSCGroup.com wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Nextgrid Inc. c/o Daniel Serber Name Daniel@Nextgrid.com E-Mail Address PO Box 7775 #73069 Mailing Address San Francisco City/Town CA State 94120 Zip Code 559-731-4645 Phone Number Fax Number (if applicable) 2. Representative (if any): BSC Group, Inc. Firm Paul Mancuso Contact Name PMancuso@BSCGroup.com E-Mail Address 349 Route 28, Unit D Mailing Address West Yarmouth City/Town MA State 02673 Zip Code 508-778-8919 Phone Number Fax Number (if applicable) B. Determinations 1. I request the Yarmouth Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 4 Bayview Street Street Address West Yarmouth City/Town 36 Assessors Map/Plat Number 93 Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area of the proposed work area is an existing paved parking lot for the Cape Cod Hospital. c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The project is to install a solar array overtop of the paved parking lot. The solar arrays will be elevated so that cars will be able to park underneath the solar pannels. wpaform1.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1.doc Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Cape Cod Hospital Name 25 Communication Way Mailing Address Hyannis City/Town MA State 02601 Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) Date 12/17/2021 Notice of Intent 4 Bayview Street Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 4 Bayview Street in Yarmouth (the Site) is to install a solar array overtop of an existing parking lot. For more information, please refer to the attached Site Plans. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. 2.0 SITE DESCRIPTION The property located at 4 Bayview Street in Yarmouth contains a large, paved parking lot associated with the Cape Cod Hospital. The property is abutted by another parking lot to the south, some small businesses to the west, and a bordering vegetated wetland to the east. A portion of the Site is located within the FEMA Flood Zone AE (El. 11) however no work is proposed within the flood zone. The existing parking lot contains numerous planted islands which will be protected and preserved. The wetland resource areas and areas of conservation jurisdiction that are on site and are protected under the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetland Protection Bylaw include: • Bordering Vegetated Wetland (BVW) • FEMA Flood Zone AE (El. 11) 3.0 PROPOSED ACTIVITIES The purpose of this application is to permit the following completed activities: Proposed Photovoltaic System: The proposed project involves the installation of ground- mounted photovoltaic solar system within the existing paved parking lot at 4 Bayview Street. The project will be located entirely overtop of the existing parking lot. Currently there are 9,775 sf of impervious surface area within the 50’-100’ buffer to BVW due to the existing parking lot. The proposed project will create no new impacts within any resource area or buffer zone. The solar units are low-maintenance and are able to within-stand 170+ mph and 90+ psf of snow load. These qualifications will likely reduce the need for an additional work to maintain or alter the solar array once it is installed, thus reducing any additional maintenance work within resource area buffer zones. 4.0 MITIGATION Prior to the start of work, a line of sediment and erosion controls will be installed along the entire eastern edge of the parking lot between the limit of work and the adjacent wetland resource area. Roll-off containers will be located outside in upland areas and will be used to temporarily store and remove all debris from the Site. All construction will be completed upland of the resource areas and caution will be taken to ensure construction byproducts do not enter the resource area. Any debris getting into the wetland will be removed by hand as soon as possible. Erosion controls will remain in place and will be maintained in working condition until the project is complete. The proposed project includes adding numerous trees around the parking lot and protecting the existing trees. Copyright:© 2013 National Geographic Society, i-cubed 70°16'0"W 70°16'0"W 41°39'0"N41°39'0"NDocument Path: \\bscbos\yar\Projects-YAR\5057300\Environmental\GIS\Output\Maps\MXD\ReportMaps\LOCUS_Map.mxdDate Saved: 12/22/2021 8:15:59 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed 4 BAYVIEW STRE ETYARMOUTH, MAUSGS Site Locu s M ap (pa ge size: 8.5 X 11) 1 inch = 8 33 feet 0 440 880 Feet H Site Location MassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Nextgrid, Inc. Prepared by: BSC Group, Inc. Project location: 4 Bayview Street, 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: 6/20/21 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: *Sensitive fern Onoclea sensibilis 20% 24% Yes FACW *Soft rush Juncus effusus 20% 24% Yes FACW *Steeple bush Spirae tomentosa 10% 12% No FAC Goldenrod spp.Solidago spp. 20% 24% Yes FAC *Common reed Phragmites australis 15% 17% No FAC Total Percent Cover 85% Saplings/Shrubs: Total Percent Cover Tree: Total Percent Cover Vines: Total Percent Cover *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: 2 Number of dominant non-wetland indicator plants: 1 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 Intent WETLAND BVW DATA SHEET 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 A 0”-24” 10 YR 3/2 Remarks: Loamy sand 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: 8”  Depth to soil saturation in observation hole: 6”  Water marks: ____________________________________  Drift lines: _______________________________________  Sediment Deposits: ________________________________  Drainage patterns in BVW: __________________________  Oxidized rhizospheres: _____________________________  Water-stained leaves: ______________________________  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. MassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Nextgrid, Inc. Prepared by: BSC Group, Inc. Project location: 4 Bayview Street, 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: 6/20/21 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: Raspberry Rubus spp. 5% 5% No FAC- Multiflora rose Rosa multiflora 5% 5% No FAC Sycamore maple Acer pseudoplatanus 5% 5% No FAC Grass spp. Grass spp. 80% 80% Yes FACU Total Percent Cover 95% Saplings/Shrubs: Morrows Honeysuckle Lonicera morrowii 10% 33% Yes NI Japanese Knotweed Polygonum cuspidatum 20% 66% Yes FACU- Total Percent Cover 30% Tree: Sycamore maple Acer pseudoplatanus 30% 60% Yes FAC Pitch pine Pinus rigida 10% 20% Yes FACU Willow spp. Salix spp. 10% 20% Yes FACW Total Percent Cover 50% Vines: Oriential bittersweet Celatrus orbiculatus 20% 66% Yes FACU- Grape Vitis spp. 10% 33% Yes NI Total Percent Cover 30% *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: Number of dominant non-wetland indicator plants: Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? No If vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of Intent UPLAND BVW DATA SHEET 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 A 0”-8” 10 YR 3/3 B 8”-20” 10 YR 4/4 Remarks: 3. Other: Conclusion: Is soil hydric? no Other Indicators of Hydrology: (check all that apply & describe)  Site Inundated: __________________________________  Depth to free water in observation hole: _______________  Depth to soil saturation in observation hole: ____________  Water marks: ____________________________________  Drift lines: _______________________________________  Sediment Deposits: ________________________________  Drainage patterns in BVW: __________________________  Oxidized rhizospheres: _____________________________  Water-stained leaves: ______________________________  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 ____ No Wetland hydrology present: Hydric soil present No Other indicators of hydrology present No Sample location is in a BVW No Submit this form with the Request for Determination of Applicability or Notice of Intent. 4BayVie w_Ass essorsMa p Sou rce s: E sri, HE RE , Ga rmin, USGS , In termap , INCREMENT P, NRCan , EsriJapan, ME TI, E sri Chin a (Hon g K on g), E sri K orea, Esri (Tha ila nd), NG CC, (c)OpenSt re et Ma p co ntributo rs, an d the GIS Use r Commu nity De ce mbe r 10 , 2 021 Powe re d by Esri Technolog y 0 420 840210 ft 0 12 5 25 062.5 m 1:4,51 4 Da ta an d scale sh own on this map a re provid ed fo r plannin g a nd info rma tiona l pu rpose s only. Yarmo uth, MAa nd Vision Gove rnmen t Solutions a re n ot re spo nsible for any use for o the r pu rp oses or misuse or misreprese nt ation o f th is info rmation. Photo 1: View of the parking lot at 4 Bayview Street where the solar field is proposed. Solar array is proposed overtop of existing parking lot. Facing south Photo 2: View of the wetland resource area to the east of the proposed solar field. Facing north east Site Photographs 4 Bayview Street, Yarmouth, MA 9/30/2021 Page 1