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HomeMy WebLinkAboutRDA Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 97 Pheasant Cove Circle, South Yarmouth Request for Determination of Applicability Proposed Shed & New Landings Town of Yarmouth Conservation Commission December 2021 Prepared for: Nora Lavori 100 West 80th Street New York, NY 10024 BSC Job #50523.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 DECEMBER 22, 2021 www.bscgroup.com Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Request for Determination of Applicability, Proposed Shed and Landings, 97 Pheasant Cove Circle, Yarmouth Port, Massachusetts; BSC Job #50523.00 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) on behalf of our client, Nora Lavori, for the property located at 97 Pheasant Cove Circle in Yarmouth Port (the Site). The proposed project at the Site involves the addition of a 10’ x 6’ shed located 30’ from the road (due to zoning restrictions), as far away from resource areas as possible. The shed will be located in an area that is already landscaped and will create no new impacts. The homeowner is also going to complete interior work on the house which will add two new doorways. As such the applicant is proposing two new landings outside of the new doorways. The applicant is also proposing to modify two existing landings outside of existing doorways. All proposed landings will be located within an existing walkway around the house. No tree or native vegetation clearing will be necessary for the installation of the new landings and/or shed. A line of sediment and erosion controls will be installed between the limit of work and the wetland resource areas prior to the start of work and will remain in place until work has been completed. Please see attached plans for more details. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection Bylaw. If you have any questions or need additional information, please contact our office at 508-778-8919. Sincerely, BSC GROUP, INC. Paul Mancuso Wetland Scientist cc: Nora Lavori, 100 West 80th Street, New York, NY 10024 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 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: Nora Lavori Name NL@TheOrleansNY.com E-Mail Address 100 West 80th Street Mailing Address New York City/Town NY State 10024 Zip Code 917-224-8727 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: Yarmouth 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): 97 Pheasant Cove Circle Street Address Yarmouth Port City/Town Map 149 Assessors Map/Plat Number Parcel 45 Parcel/Lot Number b. Area Description (use additional paper, if necessary): The exisitng site contians a single-family home with a windmill. The house is abutted by single-family homes to the south and west. A salt marsh exists to the east beyond the backyard. There is also a coastal bank on site, and the house is built just at the top of the bank. c. Plan and/or Map Reference(s): Existing and Proposed Conditions Title 12/22/21 Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The owner is proposing to do some interior work on the house which will add some new doorways. As such, the subject of this RDA is that the owner is proposing to install 2 new landings outside of the new doorways and to modify 2 existing landings. The proposed landings are within an existing walkway around the house. The applicant also proposed a 10' x 6' shed 30' from the roadway (due to zoning restrictions) and as far as possible from wetland resource areas. No tree clearing will necessary to install the landings or shed. 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). 310 CMR 10.02(2)(b)2 : This section of the WPA lists exemptions for work in buffer zones. 310 CMR 10.02(2)(b)2e states "the conversion of lawn to uses accessory to residential structures such as decks, sheds, patios, pools, etc. is allowed." Therefore the shed and landings should be exempt as they are accessory uses and are proposed in areas that will not require any vegetation clearing. The proposed landings will be located overtop of an existing walkway and the shed will be located in an area of lawn. 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: Nora Lavori Name 100 West 80th Street Mailing Address New York City/Town NY State 10024 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 97 Phe asa nt C ove Ci rcle 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 Munic ip al Boun da rie s Pa rc els Bu ildin gs To wn Po lyg on De ce mbe r 8, 20 21 Powe re d by Esri Technolog y 0 210 420105 ft 0 60 12 030 m 1:2,25 7 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. Copyright:© 2013 National Geographic Society, i-cubed Document Path: \\bscbos\yar\Projects-YAR\5052300\Environmental\GIS\Output\Maps\MXD\ReportMaps\LOCUS_Map.mxdDate Saved: 12/22/2021 11:46:45 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed 97 P HEASANT COVE CIRCLEYARMOUTH, MA USGS Site Locus Map(pa ge size: 8.5 X 11) 1 inch = 6 25 feet 0 330 660 Feet H Site Location