HomeMy WebLinkAboutNOITRANSMITTAL
DATE: 02/02/2022
FROM: Ansley Druckenbrod
Town of Yarmouth
Conservation Commission
Method of Delivery: Deliver
Re: 21.158 Gilmore
181 River Street, South
Yarmouth
Enclosed is the Notice of Intent filing for 181 River Street, South Yarmouth, including:
• Town of Yarmouth Checklist
• WPA Form 3 —Notice of Intent
• Project Narrative
• Abutter Notification Letter
• Abutter List
• USGS Locus Map
• $470 town fee
• $300 by-law fee
• $10 legal ad fee
• Site plan, dated 1-13-2022
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
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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.
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)
�J 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.
V/ 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.
VIA 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 kctrant yarmouth.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.
Nllrt 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
ff electronic filing information. If filed electronically, please copy kgrant(a),yarmouth.ma.us,
Kwaterway'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.
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
f/ State filing fee: separate check, Refer to Wetland Fee Transmittal Form
�13y-law filing fee: separate check made payable to "Town of Yarmouth"
:zLegal 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:/hvww.varmouth.ma.us/696/Filing-Forms
/ifyou are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your
eno
cation.
t 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(a)mass.gov with a subject line showing
"YARMOUTH - NOI - Street Address - Applicant Name" and copied to kgrant(clyarmouth.ma.us. We
7DEPDePt. t receive a copy of this email as proof that it has been sent to DEP.
share of the fee (refer to NOI form) shall be sent to: 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 Conunission • 1146 Route 28 •South Yatznouth, 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
eDEP 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: 134113s
Document: WPA Form 3 - NOI
Size of File
Status of Transaction:
Date and Time Created
248.46K
In Process
212/2022:12:09:57 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 #:1341136
Bureau of Resource Protection - Wetlands City/rown:YARMOUTH
WPA Form 3 = Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
1. Project Location:
a. Sheet Address
b. City/Town
d. Latitude
f. Map/Plat #
2. Applicant:
181 RIVER STREET
YARMOUrH
41.65028N
34
c. Zip Code
e. Longitude
g.Parcel/Lot #
02664
70.19930W
292.2
Individual � Organization
a. First Name JOSEPH b.Last Name GILMORE
c. Organization
d. Mailing Address 4 DORESETT DR Zi Code 02032
e. City/Town EAST WALPOLE f State MA g• p
h. Phone Number 617-719-0008 i. Fax j. Email jgilmore008@gmail.com
3,property Owner:
r more than one owner
a. First Name JOSEPH b. Last Name GILMORE
c. Organization
d. Mailing Address 4 DORESETT DR Zip Code 02032
e. City/Town EAST WALPOLE £State MA g• P
h. Phone Number 617-719-0008 i. Fax j.Email jgihnore008@gmail.com
4.Representafive: ;
a. First Name DANIEL b. Last Name OJALA
c. Organization DOWN CAPE ENGINEERING INC.
d. Mailing Address 939 MAIN ST Zip Code 02675
e. City/Town YARMOUTHPORT f State MA g• P
h.Phone Number 50&3624541 i.Fax 50&362-9880 i.Elnail downcape@downcape.com
S.Total WPA Fee :Paid (Automatically inserted from NOT Wetland Fee Transmittal Form):
a.Total Fee Paid 915.00 b.State Fee Paid 445.00 c.City/Town Fee Paid 470.00
6,General Project Description:
EXISTING SITE CONSISTS OF TWO SINGLE FAMILY DWELLINGS. BOTH EXISTING STRUCTURES WILL BE
DEMOLISHED AND REPLACED BY A SINGLE NINE BEDROOM SINGLE FAMILY DWELLING AND A SWIMMING
POOL, SITE IMPROVEMENTS WILL ALSO INCLUDE A NEW SEPTIC SYSTEM, RE -DEVELOPED ACCESS
DRIVEWAYS AND MITIGATION PLANTINGS ALONG BASS RIVER.
7a.Project Type:
1.1v' Single Family Home
3. i Limited Project Driveway Crossing
Dock/Pier
7.I Coastal Engineering Structure
2. F Residential Subdivision
4. r" Commercial/Industrial
6. I Utilities
8. r' Agriculture (eg., cranberries, forestry)
Page 1 of 7 *ELECTRONIC COPY
Provided by MassDEP:
Massachusetts Department of Environmental MassDEP File #:
Protection eDEP Transaction #:1341136
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 = Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
9.f' Transportation 10. � Other
7Us awry 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)?
1 r' Yes 1✓ No If yes, describe which limited project applies to this project:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:
b.Certificatee e.Book: d.Pagee
BARNSTABLE
225924
B. Buffer Zone &Resource Area Impacts (temporary &permanent)
1,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.f" Bank 2. linear feet
I. linear. feet
b.i= Bordering Vegetated Wetland 2. square feet
1. square feet q
cF Land under Waterbodies'and Waterways 2. square feet
1. Square feet q
3, cubic yards dredged
d. f Bordering Land Subject to Flooding 2, square feet
1. square feet q
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
2. Width of Riverfront fvea (check one)
Bass River
3. Total area of Riverfront Area on the site of the proposed project
4.
37780
square feet
Page 2 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:MassDEP File #:
Protection eDEP Transaction #:1341136
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. total square feet b. square feet within 100 it, C. square feet between 100 ft.
and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? r Yesi No
6. Was the lot where the activity is proposed created prior to August 1, 1996? r7 Yesl' No
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Size of Proposed Alteration Proposed Replacement (if any)
Resource Area
a.r Designated Port Areas Indicate size under Land under the ocean below,'
b. i Land Under the Ocean
I. square feet
2. cubic yards dredged
c.f Barrier Beaches' Indicate size under Coastal Beaches and/or Coatstal Dunesbelow
d.i Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e. r Coastal Dunes
1. square feet 2. cubic yards dune nourishment
£r Coastal Banks
1. linear feet
& F Rocky Intertidal Shores
1. square feet
h.T' Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
il' Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j. r 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
Lry Land Subject to Coastal 54000
Storm Flowage 1. square feet
4.Restoration/Enhancement
r 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 BVW b. square feet of Salt Marsh
Page 3 of 7 *ELECTRONIC COPY
Provided by MassDEP:
Massachusetts Department of Environmental MassDEP File #:
Protection eDEP Transaction #:1341136
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
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 Review
I . 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)?
a, f" Yes i✓ 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 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
I r Percentage/acreage of property to be altered:
(a) within Wetland Resource Area percentage/acreage
(b) outside Resource Area
percentage/acreage
2.r Assessor's Map orright-plan of site
3. 1` 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• r Project description (including description of impacts outside of wetland resource area & buffer zone)
b•r Photographs representative of the site
c• r MESA filing fee (fee information available at: bqp7//www.mass-gov/eea/ageiicies/dfp,/-dfw/natural-heritage, egulatorv-
review/mass-endan eyed-s ecies-act-mesa/mesa-fee-schedule.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 submit:
dF Vegetation cover type map of site
e. r Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the following
t ]o
1.1" Project is exempt fiom MESA review. Attach applicantter indicating which MESA exemption applies. (See 321
ndan
CMR 10.14, lttp://www,mass.gov/eewage e 1dfw/laws-re lations/cmr/321-crnr-1000-massachusetts-eered-
SP if the project is within estimated habitat pursuant to 310 CMR
species -act h ml#10.14; the NOI must still be sent to NHE
10.37 and 10.59.)
2.f` Separate MESA review ongoing.
Page 4 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File #:
Protection eDEP Transaction #:1341136
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. NHESP Tracking Number
b. Date submitted to NHESP
3. im Separate MESA review completed.
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...
For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a.1 Not applicable - project is in inland resource area only
b, 1" Yes )✓ 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
If it a require a Chapter 91
North Shore -Hull to New Hampshire:
Division of Marine Fisheries -
No th Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
yes, r may q 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 ry 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 Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00.
a, i Yes i✓ No
5. he bject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
Is any portion of tsite su
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a, i Yes % No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. 1 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 Stomiwater Management Handbook
i Vol.2, Chapter 3)
2' A portion of the site constitutes redevelopment
i
3. Proprietary BMPs are included in the Stormwater Management System
b.� No, Explain why the project is exempt:
Page 5 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File #:
Protection eDEP Transaction #:1341136
Bureau of Resource Protection - Wetlands City/Town:YARMOUTH
WPA Form 3 = Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Single Family Home
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
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 by regular mail delivery.
1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the
l✓ 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
1✓ [BV-W] 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).
1✓ 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.
ra
a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
SITE PLAN OF 181 DANIEL OJALA PE 14 3-2022
RIVER ST PLS
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.
l�
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
i
8. Attach NOI Wetland Fee Transmittal Form.
I✓
9. Attach Stormwater Report, if needed.
r
Page 6 of 7 *ELECTRONIC COPY
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
M
E. Fees
City
Provided by MasSDEP:
MassDEP File #:
eDEP Transaction #41341136
(rown:YARMOUTH
Fee Exempt: No filing fee shalt be
assessed
for projects
of any city, town, county, or district of the Commomvealtlt, federally recognized Indian
hibe housing authority, municipal
housing
authority, or the Massachusetts Hay Transportation Authority.
Applicants must submit the fallowing iufoturation (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to coufirm fee payment:
3� 9t U + 3 -25U Z 1�22 + 22�22
2. Municipal Check Number 3. Check dale
4. State Check Number tj 5. Check date �n fnn/I
t C/'Yt(�
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that die foregoing Notice of Intent 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 wetlands regulations, 310 CNM 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 band delivery or certified mail (return receipt requested) to ell abutters within 100 feet
of the property line of the project location.
3. Signature of Property Otvner(if different)
For Conservation Commission:
2.
4. Date
6. Date
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, hvo copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDT',P:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NO[ Wetland Fee Transmittal Fom�,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items I-3, above, refer to that section and the Inshuctious for additional 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 MassDEP:
MassDEP File #:
Bureau of Resource Protection - Wetlands Mass Transaction #:1341136
WPA Form 3 -Notice of Wetland FeeTransmittal City/Town:YARMOUTH
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant: b.Last Name GILMORE
a. First Name JOSEPH
c. Organization
d. Mailing Address 4 DORESETT DR Zi Code 02032
e. City/Town EAST WALPOLE f. State MA g Email jgilmore008@gmail.com
h. Phone Number 6177190008 i. Fax j
2.Property Owner:(if different)
ab. Last Name GILMORE
. First Name JOSEPH
c. Organization
d. Mailing Address 4 DORESETT DR Zip Code 02032
e. City/Town EAST WALPOLE f.State MA gEmail jgilmore008@gmail.com
h. Phone Number 6177190008 i. Fax j
3. Project Location: YARMOUTH
a. Street Address 181 RIVER STREET b. City/Town
Are you exempted from Fee? r'
Note: Fee will be exempted if you are one of the following:
• City/I'own/County/District
• Municipal Housing Authority
• Indian Tribe Housing Authority
• MBTA
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Activity Fee RF Multiplier
Sub
165.00
750.00
City/Town share of filling fee State share of filing fee Total Project Fee
$470.00 $445.00 $915.00
Page 1 of 1 *ELECTRONIC COPY
NOTICE OF INTENT
#181 River Street South Yarmouth, MA
PROJECT NARRATIVE
The applicant is pleased to submit Cl Notice of Intent application to re -develop an existing residential
properly bordering on Bass River. The 85,850 s.f. property is currently improved with two single
family dwellings; these two separate dwellings are to be replaced by one proposed dwelling with an
attached garage, pool and patio areas. The total number of bedrooms on the site will remain at
nine. A new, upgraded septic system, the leaching area of which is located beyond the Outer
Riparian Zone, is proposed to service the new dwelling; no variances are required as the system
meets local and state requirements.
The Site is bordered on the East by Bass River, and most of the proposed work will take place
within the Inner and Outer Riparian zones of Bass River. Along the river frontage the property is
bordered by a bulkhead retaining wall, the top of which is a Coastal Bank, Mean High Water falls on
the vertical face of the wall. The entire site lies within Land Subject to Coastal Storm Flowage (AE
el. 11 and VE el 13). All work, with the exception of the proposed mitigation, will take place within
AE el. 11. The site does not lie within Priority and Estimated Habitats in accordance with the
NHESP Map dated August 2021.
The proposed home is further from the resource areas than what exists. Most of the work (to
include most of the house construction, small amount of driveway, small retaining walls and septic
tanks) occurs within the Outer Riparian Zone. Work within the Inner Riparian Zone includes a pool,
patio and a small portion of the dwelling — and most of this work occurs within current building
footprints. The remaining work occurs within previously disturbed and/or actively utilized areas.
The new dwelling will be built on a floodzone-compliant foundation, replacing the current non-
floodzone compliant dwellings. Fill is required to assist in compliance and to provide reasonable
access to the dwelling and pool/patio areas. Drywells are proposed for roof run-off.
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 and areas are
planted and stable. Preconstruction activities will include the installation of erosion control fences
as shown on the site plans.
Mitigation plantings (approximately 7600 s.f.), to consist of New England Wildflower Mix, are
proposed adjacent to the bulkhead extending landward a minimum of 40' to as much as 50'.
Exposed soils will be loamed and seeded within 30 days of completion of the work and final
grading work as weather permits.
Coastal Bank (310 CMR 10.30)
A Coastal Bank exists along the top of the man-made vertical bulkhead retaining wall that
contains the waters of Bass River. The existing dwelling is located 21.6' from the Coastal Bank at
its closest point. This structure will be demolished and all proposed hardscape will be outside the
50' buffer to the Coastal Bank. The bank does not act as a sediment source to any beach. The
bank's ability to control floodwaters will not be changed by any of the proposed work. The buffer
plantings will serve to reduce the potential for adverse impacts from human activities.
Land Subject to Coastal Storm Flowage
The site is affected by floodzone vE (El. 13) and AE (El. 11). The proposed dwelling will be
located within the AE El. 11 flood zone with the first floor elevated above the design flood
elevation of 12.
The work includes the construction of a flood resistant foundation, with some fill and regrading
around the dwelling. The foundation is designed to flood and then drain per code. Coastal areas
are not impacted by relatively small fill amounts due to the large scale of coastal flooding events.
Riven`ront Area (310 CMR 10.58)
A large portion of the site lies within the Riverfront Resource Area, including both existing
dwelling structures. The edge of the river, 100' Inner and 200' Riparian Zones are all shown on
the site plan. The lot and existing dwellings pre -date the Rivers Act (1996). Section 10.58(5)
allows redevelopment of a previously developed area, provided the proposed work improves
existing conditions. There is a proposed increase in hardscape of 3,765 s.f, within the riverfront
area. A 2:1 wildflower meadow mitigation area of 7,600 s.f. is proposed along the top of the
Coastal Bank within existing lawn area to help offset the increase in hardscape. The proposed
work will take place within existing developed/utilized areas and will have no adverse impacts on
the Riverfront area.
(a) The lot is previously developed and the proposed work will result in an improvement over
the existing conditions.
(b) Roof drywells are proposed and will decrease the surface runoff.
(c) The proposed work is further away from the river than existing structures.
(d) See (g)
(e) See (g)
(f) See (g)
(g) A 2:1 wildflower meadow mitigation area is proposed in the area of existing lawn.
(h) The mitigation area plantings shall be demonstrated to be successful for at least two
growing seasons prior to requesting the Certificate of Compliance.
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 silt fence will contain all construction activities. Roof drainage will be
mitigated utilizing downspouts to drywells or drip lines to stone trenches. The proposed mitigation
area will provide an additional buffer to the Coastal Bank and Bass River.
All machinery will access the areas of proposed construction through the existing driveway. A silt
fence will be installed downgradient of any proposed work.
Alternatives Analysis
The existing site could remain as is, but both existing structures are well below the FEMA flood
elevation. This makes the required repairs to the existing structures cost prohibitive.
The proposed structure could potentially be located outside the 200' riparian zone, but a "Bung
Restriction Easement" restricts development closest to the street. As well, this is a less than
desirable option as much of the value of this property lies in the views out over Bass River and
West Dennis Beach located on the opposite shore. With the existing porch located only 21.6' from
the river the proposed location for the new dwelling will still be a vast improvement over existing
site conditions. There will be a net reduction in hardscape within the Inner Riparian Zone of 220
sf. The proposed porch will be located 83' from the river and allow enough area for 7,600 s.f. of
mitigation plantings within the MO' buffer. The proposed wildflower meadow mitigation area will
replace existing lawn and provide additional habitat along the top of the Coastal Bank.
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 Joe Gilmore
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 181 River Street, South Yarmouth
D. Proposed work: Existing site consists of two single family dwellings. Both existing structures will be
demolished and replaced by a single nine -bedroom single family dwelling and a swimming pool. Site improvements
will also include a new septic system re -developed access driveways and mitigation plantings along Bass River.
E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation
Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more
information, call (508) 398-2231 ext. 1288.
F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative.
Applicant's phone number
Or Applicant's representatives phone number 508-362-4541
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 Down Cape Engineering, Inc.
Address 939 Route 6A
Town Yarmouth Port State MA Zip 02675
Telephone 508-362-4541
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) 94&2800 for more information about this application.
34/ 267/ / /
CASSELLA ROBERT TR
SUSAN B CASSELLA TRUST
815 DONNA DR
ORANGE , CT 06477
STECIUK DAWN D
82 NELSON AVE EXT
SARATOGA SPRINGS , NY 12866
34/ 265.1!
FORZIATI MAUREEN K
PO BOX 714
CATAUMET , MA 02534
34/ 292.1 / I l
GILMORE JOSEPH
4 DORSETT DR
EAST WALPOLE , MA 02032
MCCULLOUGH ROBERT J
MCCULLOUGH GINA M
177 RIVER ST ,
SOUTH YARMOUTH , MA 02664
CHILDS ROBERT
CHILDS ANN F
154 SOUTH ST
SOUTH YARMOUTH , MA 02664
341 293! / /
DANNER OTTMAR W
DANNER CLAUDE M
187 RIVER ST
SOUTH YARMOUTH , MA 02664
AIGUIER DUSTIN T TRS
DUSTIN T AIGUIER TRUST
PO BOX 194
SOUTH YARMOUTH , MA 02664
34/ 292.2/
GILMORE JOSEPH
4 DORESETT DR
EAST WALPOLE , MA 02032
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
1 31 River St., South Yarmouth, MA 02664
Assessors Map 34, Lot 292.2
Andy Machado, Director of Assessing
February 1, 2022
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