HomeMy WebLinkAboutNOITRANSMITTAL
DATE : 02/02/2022
FROM: Ansley Druckenbrod
Town of Yarmouth
Conservation Commission
ethod of Delivery: Deliver
12 Railway Bluffs, West
Yarmouth
Enclosed is the Notice of Intent filing for 12 Railway Bluffs, West Yarmouth, including:
• Town of Yarmouth Checklist
• WPA Form 3 — Notice of Intent
• Project Narrative
Abutter Notification Letter
• Abutter List
USGS Locus Map
Architecture Plan
• Photo of Site
• $67.50 town fee
$100 by-law fee
$10 legal ad fee
• Site plan, dated 02-01-2022
Cc: File
Please call/email should you have
DOWN CAPE ENGINEERING, INC.
939 MAIN ST, SUITE C
YARMOUTHPORT, MA 02675
PHONE: 508-3624541 X100
FAX: 508-362-9880
E-MAIL: ansley@downcape.com
DEPARTMENT
OF
CONSERVATION
i
All ngs 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.
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).
V 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 at
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.
V A pdf copy of signed application, supporting information, and plan emailed to kg rant(abyarmouth.ma.us.
Please list project property's street address in the pdf file name.
V Submit Certified Mail Receipts (PS Form 3800) for all abutters.
lft�
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 karant(@yarmouth.ma.us.
I � Waterways 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.
Yarmouth Conservation Commission • 1146 Route 28 •South Yarmouth, MA 026644492
Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231
Rev 9/2021
Page 1 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.
efer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms
MassDEP using eDEP lease include a co of the filing confirmation with your
If you are filing with g , p copy 9
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(cDmass.clov with a subject line showing
"YARMOUTH - NOI - Street Address - Applicant Name" and copied to korant(d),yarmouth.ma.us. We
must receive a copy of this email as proof that it has been sent to DEP.
V/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
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
Massachusetts Department of Environmental Protection
aDEP Transaction Copy
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: DOWNCAPE
Transaction ID: 1340255
Document: WPA Form 3 - NOI
Size of File: 247.59K
Status of Transaction: In Process
Date and Time Created: 21212022:1:5s:25 PM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above* if you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File #:
Protection eDEP Transaction #:1340255
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
L Project Location:
a. Street Address 12 RAILWAY BLUFFS
YARMOUTH c. Zip Code 02673
b. City�I'own d. Latitude 41964801N e. Longitude 70.27361 W
f. Map/Plat #
28 g.Parcel/Lot # 4
2. Applicant:
i✓ Individual ly Organization
a. First Name ELIZABETH M. b.Last Name
c. Organization HOOVEN REALTY TRUST
d. Mailing Address 12 RAILWAY BLUFFS
e. city/Town WEST YARMOUTH f State MA
h. Phone Number 954-918-2613 i. Fax
3.Property Owner:
HOOVEN
g.
Zip Code 02673
j. Email EMHOOVEN@GMAIL.COM
l' more than one owner
a. First Name ELIZABETH M. b. Last NHOOVEN
ame
c. Organization HOOVEN REALTY TRUST
d. Mailing Address 12 RAILWAY BLUFFS
2673
e. City/rown WEST YARMOUTH f.State MA g. Zip Code MH
h. Phone Number 954-918-2613 i. Fax j.Email EMIi00VEN@GMAIL.COM
4.Representarive:
a. First Name DANIEL A. b. Last Name OJALA
a Organization DOWN CAPE ENGINEERING, INC.
d. Mailing Address 939 ROUTE 6A Zip Code 02675
e. City/Town YARMOUTH PORT f. State MA g• p
h.Phone Number 508-3624541 i.Fax 50&362-9880 j.Email info@downcape.com
S.Total WPA Fee Paid (Automatically inserted from NOI: Wetland Fee Transmittal Form):
a.Total Fee Paid 110.00 b.State Fee Paid 42.50 c.City/Town Fee Paid 67.50
6,General Project Description;
PROPOSED ENCLOSURE OF EXISTING PORCH.
70roject Type:
1. r Single Family Home 2. i Residential Subdivision
3. r' Limited Project Driveway Crossing 4. r Commercial/Industrial
5,r Dock/Pier 6. r Utilities
Tr Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry)
9.i Transportation 10. r Other
7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310
CMR 10.53 (inland)?
Page 1 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
eDEP Transaction #:1340255
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1, i Yes ry No If yes, describe which limited project applies to this project:
2. Limited Project
S,property recorded at the Registry of Deeds for:
a.County: b.Certificate: c.Book:
BARNSTABLE 142717
d.Page:
ermanent)
B. Buffer Zone &Resource Area Impacts (temporary &p
,Buffer Zone & Resource Area Impacts (temporary & permanent):
i— This is a Buffer Zone only project - 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)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a.1J Bank
I. linear feet 2. linear feet
b. r Bordering Vegetated Wetland
1. square feet 2. square feet
c.r Land under Waterbodies and Waterways
1. Square feet 2. square feet
3. cubic yards dredged
d.l= Bordering Land Subject to Flooding
1. square feet
2. square feet
3. cubic feet of flood storage lost 4. cubic feet replaced
e. r Isolated Land Subject to Flooding
1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced
f. i- Riverfront Area
Area (check one)
2. Width of Riverfiont
1. Name of Waterway (if any)
i 25 ft. -Designated Densely Developed Areas only
i= 100 ft. - New agricultural projects only
1' 200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project
4. Proposed Alteration of the Riverfiont 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?
square feet
1"' Yes No
Page 2 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File #:
Protection eDEP Transaction #:1340255
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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)
Size of Proposed Alteration Proposed Replacement (if any)
Resource Area
a. I' Designated Port Areas Indicate size under Land under the ocean below,
b. f' Land Under the Ocean
1. square feet
2. cubic yards dredged
c.h Barrier BeachesIndicate size under Coastal Beaches and/or Coatstal Dunes, below
d.1-' Coastal Beaches
f
i. square eet 2. cubic yards beach nourishment
Coastal Dunes
i. square feet 2. cubic yards dune nourishment
f.f Coastal Banks
1, linear feet
g,r Rocky Intertidal Shores
1. square feet
h.r Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
i r Land Under Salt Ponds
1. square feet
2. cubic yards dredged
jor Land Containing shellfish
1. square feet
k r Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land
Under Waterbodies and Waterways, above
1. cubic yards dredged;
1.1✓ Land Subject to Coastal 208
Storm Flowage l .square feet
.,Restoration/Enhancement
F Restoration/Replacement
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 entered the additional amount here,
a. square feet of BV W b. square feet of Salt Marsh
S.Projects Involves Stream Crossings
r Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
Page 3 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File #:
Protection eDEP Transaction 4:1340255
Bureau of Resource Protection - Wetlands City/Ibwn:YARMOUTH
WPA Form 3 = Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Revielvv
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 of Endangered Species program
(NHESP)?
aI i Yes ry 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:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 1 U.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
1. r Percentage/acreage of property to be altered:
(a) within Wetland Resource Area
(b) outside Resource Area
percentage/acreage
percentage/acreage
2. i Assessors Map orright-plan of site
3. r Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a. i Project description (including description of impacts outside of wetland resource area & buffer zone)
b. r Photographs representative of the site
cF MESA filing fee (fee information available at: httn //www mass sov/eea/a encies/dfctdfw/natural-heritage/regulatm
review/mass-endangeredeg red-species-act-mesa/mesa-fee-scii le.html )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 or more acres of land, also subrr:it:
d.I� Vegetation cover type map of site
e. i Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the following
1. � Project is exempt fiom MESA review. Attach applicant letter indicating which MF,SA exemption applies. (See 321
CMR 10.14, h"://Www.mass.gov/eea/agencies/dfg/dtw/lawsregulations/cmr/321-cmr-1000-massachusetts-endangered-
species-act.html#10.14; 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. r Separate MESA review ongoing.
a. NHESP Tracking Number
b. Date submitted to NHESP
3. i Separate MESA review completed.
Page 4 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:MassDEP File #:
Protection eDEP Transaction #:1340255
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.
* Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a.l' Not applicable - project is in inland resource area only
b. lv Yes r7 No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore - Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
a Chapter 91
North Shore - Hull to New Hampshire:
Division of Marine Fisheries -
North Shore Office
Attu: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it may require p 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.
Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
If yes, provide name of ACEC (see instructions to WPA
a.r` Yes rV No Form 3 or DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4. Is any portion of the proposed project within an area designated as an Outstanding Resow ce Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. 13 Yes 1✓ No
5. 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. 1=' Yes I✓ No
Is this project subject to provisions of the MassDEP Stonnwater Management Standards?
a. f" 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:
l . Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook
i" Vol.2, Chapter 3)
2' A portion of the site constitutes redevelopment
1'
3' Proprietary BMPs are included in the Stormwater Management System
i
b.l✓ No, Explain why the project is exempt:
ro
Single Family Home
rEmergency Road Repair
Page 5 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File #:
Protection eDEP Transaction #:1340255
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 = Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units inmulti-family
r housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOD. 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 by regular mail delivery.
1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the
ry 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
170 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.
3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s).
r 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.
FYI
a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
SITE PLAN OF 12
RAILWAY BLUFFS DANIEL A. OJALA, February 1, 2022
WEST YARMOUTH, P.E., P.L.S.
MA
5. d thiform
If there is more than one property owner, please attach a list of these property owners not listeon s .
1✓
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
i
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.
i
Page 6 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided vy MassDEP:
Protection MassDEP File #:
eDEP Transaction 11:1340255
Bureau of Resource Protection - Wetlands City/Town.YARMOtTTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Fees
t.
Fee Exempt: No tiling fee shall be assessed for projects of any city, town, county, or district of the Cmnmonwcalth, federally recognized hrdian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages I and 2 of the NOl Wetland FeeTan mitt Form)to confirm fee payment:
-AH OV 070 Agv;q Ij yy11
2. Municipal Check Number
4. State Check Number
6. Payer name on check: First Name
F. Signatures and Submittal Requirements
3. Check date
5. Check date ` /�1f yv�
7. Payer name on chock: Last Name
I hereby certify under the penalties of perjury that the foregoing Notice of fntcut and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission Will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance With the wetlnnds regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters Were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
3. Signature of Property Owncr(if difforen0
5. Signature of Representative (if any)
��N `t C � � • QJh'�- Pc �' � fl r
2.
d. Data
ZJz
G. Dote
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Welland Fec Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For D1assDF,P:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee'1'ransmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see instructions) by certified mail or an delivery.
Other:
if the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions faadditional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Page 7 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by NlassDEP:
Bureau of Resource Protection - MassDEP File #:Wetlands eDEP Transaction #:1340255
WPA Form 3 -Notice of Wetland FeeTransmittal City/Town:YARMOUTH
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Orr Information
1. Applicant: `;
a. First Name ELIZABETH M, b.Last Name HOOVEN
c. Organization HOOVEN REALTY TRUST
d. Mailing Address 12 RAILWAY BLUFFS
e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673
h. Phone Number 9549182613 i. Fax j. Email EMHOOVEN@GMAIL.COM
2,property Owner:(if different)
a. First Name ELIZABETH M. b. Last Name HOOVEN
c. Organization HOOVEN REALTY TRUST
d. Mailing Address 12 RAILWAY BLUFFS
e. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673
h. Phone Number 9549182613 i. Fax j.Email EMHOOVEN@GMAIL.COM
3. Project Location:
a. Street Address
12 RAILWAY BLUFFS
Are
you exempted from
Note: Fee will be exempted if you are one of the following:
• City/Town/County/District
• Municipal Housing Authority
• Indian Tribe Housing Authority
• MBTA
b. CityfTown
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Activity Fee
Activity Type Number
A.) WORK ON SINGLE FAMILY LOT; ADDITION, 1 110.00
POOL, ETC.;
YARMOUTH
I2F' Multiplier Sub Total
110.00
City/Town shave of filling fee State share of filing fee Total Project Fee
$67.50 $42.50 $110.00
Page 1 of 1 *ELECTRONIC COPY
NOTICE OF INTENT
#12 Railway Bluffs, West Yarmouth
PROJECT NARRATIVE
The applicant is pleased to submit a Notice of Intent application to enclose an existing porch on an existing
developed property. The property is improved with a single-family dwelling that was built in 1929 per
assessor's records and predates the Wetland's Protection Act. It is bordered to the east and west by
residences and to the south by Lewis Bay. A salt marsh exists south of the existing rip rap sea wall. There is
a Coastal Bank at the floodzone elevation of 13 that follows a section of the top of the sea wall. The
proposed enclosed and existing porch is 28.8' from the top of the Coast Bank and 44.8' from the Salt Marsh
at its closest point. The proposed work will take place within Floodzone X (0.2% annual chance flood
hadard). All construction associated with the enclosed porch will take place in the same footprint of the
existing porch. No additional hardscape is proposed. The resource areas and their associated buffers are
plotted on the enclosed Site Plan by Down Cape Engineering.
A work limit line of staked silt fence backed by coir logs is proposed downgradient of all proposed work. All
work limit lines shall remain in place until all construction is completed.
Preconstruction activities will include the installation of erosion control fences as shown on the site plans. A
staging area is also proposed in the driveway area.
No additional grading or fill is proposed as part of the construction activities.
No work will take place within any resource area or within Priority/Estimated Habitat of endangered species.
Coastal Bank (310 CMR 10.30)
A Coastal Bank exists at the top of the existing rock revetment with a section that runs up to the floodzone
elevation. The Coastal Bank was delineated using DEP Policy 92-1. The bank was armored years ago, so it
is not a sediment source and is to be left undisturbed. The bank's ability to control floodwaters will not be
changed by any of the proposed work.
Salt Marsh (310 CMR 10.32)
The edge of the salt marsh was flagged by Paul Shea of Independent Environmental Consultants, Inc. and
located by Down Cape Engineering. The closest part of the enclosed porch will be 44.8' to the edge of the
salt marsh.
No adverse effects from the work are expected, as the work limit line shall remain staked in place until all
work is complete, and the site is stabilized. The salt marsh will continue to act fully in its capacity to provide
habitat and food sources for wildlife.
Land Subject to Coastal Storm Flowage
The site is affected by a 100 year flood elevation (VE EI. 13) and floodzone X (500 year flood elevation). No
fill is proposed so construction activities will have no effect on the 100 year flood elevation. All construction
work will take place outside of the 100 year flood elevation.
-1-
Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations:
The proposed construction activities will not have a deleterious effect upon any wetland values as listed in
the Bylaw. The proposed work will take place over an existing deck area and under an existing roofed area.
The silt fence will contain all construction activities. There will be no ground disturbance with any of the
proposed work. All work takes place above the 100 year flood elevation.
No large machinery will be used during construction. A silt fence will be installed downgradient of any
proposed work.
Alternatives Analysis
The only alternative would be to leave the porch as is. The owners would like to take advantage of the porch
area more often and enclosing it will help shield them from the elements in colder months and insects in the
warmer months. No proposed structures will be any closer than existing.
On behalf of our clients we hereby request a variance from the Yarmouth Wetland Protection Regulations
for proposed work to occur within 35' of a Resource Area.
-2-
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 ( t74.b�eT" VV00VR�n
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 .2 ��czt �� U{s i �ifS t \1Clrmo�-t
D. Proposed work is prop°S-elcj c n c ( oS U rre� owl e�,G l 5t► r1!
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 Gob �3(mo
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 b oV�' Y\�V l q i'1 G
Address CfJq I20U+C b H
Town r V h �(f State MA Zip Wjs75
Telephone
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.
28/ 12/ / /
KACZOWKA WILLIAM J
KACZOWKA NOREEN A
69 COVE ST
SWANSEA , MA 02777
28/ 11/
ROTONDO S & J M TRS
732 CORNELIA PL
PHILADELPHIA , PA 19118
KURKER WAYNE TR
FIFTEEN RAILWAY BLUFFS RLTY TRUS
21 ARLINGTON ST
HYANNIS , MA 02601
EINARSDOTTIR BRYNJA TRS
ALMARSSON ORN TRS
74 HOLWORTHY ST
CAMBRIDGE , MA 02138
HOOVEN ELIZABETH M TR
HOOVEN REALTY TRUST
12 RAILWAY BLUFFS
WEST YARMOUTH , MA 02673
FAY aEPHEN M
FAY DEBORA REYNOLDS
61 ROSEWOOD DR
BRAINTREE , MA 02184
ROTH PETER M
ROTH KIMBERLY H
8 RAILWAY BLUFFS
WEST YARMOUTH , MA 02673
LIBERTY ANNE M
34 ARLINGTON ST
WEST YARMOUTH, MA 02673
ROTONDO SUZANNE
732 CORNELIA PL
PHILADELPHIA , PA 19118
MBM LLC
C!O 21 RAILWAY LLC
28 CLIFF RD
NANTUCKET , MA 02554
20/ 56/
TOWN OF YARMOUTH
PARK DEPT
1146 ROUTE 28
SOUTH YARMOUTH , MA 026644463
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
12 Railway Bluffs, West Yarmouth, MA 02673
Assessors Map 28, Lot 4
Andy Mhado, Director of Assessing
January 27, 2022
�USGSU.S. DEPARTMENT OF THE INTERIDR �, HYANNIS QUADRANGLE
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