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Home My WebLink AboutNOI February 17, 2022 Project # C19814.00 Yarmouth Conservation Commission By Email & Hand Delivery Attn: Kelly Grant, Agent 1146 Route 28 South Yarmouth, MA 02664 Re: Notice of Intent Application Filing Package Proposed Sewage Disposal System Upgrade and Associated Site Improvements SYNH, LLC 226 Route 28 West Yarmouth, MA Map 37 Parcel 147.2 Dear Ms. Grant and Commission Members: On behalf of our client, SYNH, LLC, we are submitting an original Notice of Intent Application Filing Package, an original check for municipal filing, one (1) original and seven (7) copies of the plan, for the above referenced project. The following items are enclosed: • Yarmouth Notice of Intent Administrative Checklist • WPA Form 3 - Notice of Intent Application • Project Description, Performance Standards Narrative, Construction Protocol • Site Access Authorization Form • NOI Wetland Fee Transmittal Form • Copy of $42.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee, (original sent to lockbox) • Copy of $67.50 check made payable to Town of Yarmouth for town share of DEP fee • Copy of $100.00 check made payable to Town of Yarmouth for town bylaw fee • Copy of $10.00 check made payable to Town of Yarmouth for legal advertising fee • Affidavit of Service, Abutter Notification Letter • Certified Abutter List, Assessor Map 37 identifying locus • Yarmouth USGS Map, identifying locus • Coastal Engineering Co., Inc. Plan of Land Accompanying a Septic Design, dated 2/10/22 • Coastal Engineering Co., Inc. Sewage Disposal System Upgrade Plan, Sheet C2.1.1, dated 02/16/2022 If you would, please schedule this for the March 3, 2022 public hearing. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO – Wetlands SYNH, LLC Bryan J. Weiner, Project Manager 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 8/2021 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners’ packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Submitting an Application: 1 original application with original signatures (double sided). A comprehensive and detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall document how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other supporting information. 1 original and 7 copies of the plan, folded separately, right side out with title visible and attached to each application. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. A pdf copy of the application, supporting information, and plan emailed to kgrant@yarmouth.ma.us. Please put the property’s street address in the pdf file name. 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. Submit Certified Mail Receipts (PS Form 3800) for all abutters. Submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. DEPARTMENT OF CONSERVATION X X X X X X N/A N/A 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 8/2021 Page 2 of 2 State filing fee: separate check, Refer to Wetland Fee Transmittal Form. By-law filing fee: separate check payable to “Town of Yarmouth”. Legal ad fee: separate check payable to “Town of Yarmouth”. If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL to DEP, Southeast Region at SERO_NOI@mass.gov with a subject line showing “YARMOUTH - 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. 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? X X X N/A X X N/A N/A wpaform3.doc • rev. 2/8/2018 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 226 Route 28 a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41°39'21.05"N d. Latitude 70°15'19.57"W e. Longitude 37 f. Assessors Map/Plat Number 147.2 g. Parcel /Lot Number 2. Applicant: a. First Name b. Last Name SYNH, LLC c. Organization 1249 Beacon Street d. Street Address Brookline e. City/Town MA f. State 02445 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Bryan J. a. First Name Weiner, P.E. b. Last Name Coastal Engineering Co., Inc. c. Company 260 Cranberry Highway d. Street Address Orleans e. City/Town MA f. State 02563 g. Zip Code 508-255-6511 h. Phone Number 508-255-6700 i. Fax Number bweiner@coastalengineeringcompany.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: Proposed Sewage DIsposal System Upgrade and Associated Site Improvements 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County C228516, Doc # 1,447,068 b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 2/8/2018 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 2/8/2018 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 2/8/2018 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 2022 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 2/8/2018 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@state.ma.us North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North@state.ma.us Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. wpaform3.doc • rev. 2/8/2018 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C.Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4.Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC 5.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7.Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D.Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. NO CHANGE IN SURFACE COVERAGE wpaform3.doc • rev. 2/8/2018 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Proposed Sewage Disposal System Upgrade Plan a. Plan Title Coastal Engineering Co., Inc. b. Prepared By Bryan J. Weiner, P.E. c. Signed and Stamped by 02/16/2022 d. Final Revision Date 1" = 20' e. Scale Plan of Land Accompanying a Septic Design f. Additional Plan or Document Title 02/10/2022 g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 555 2. Municipal Check Number 2/17/22 3. Check date 554 4. State Check Number 2/17/22 5. Check date 6. Payor name on check: First Name Coastal Engineering Co., Inc. 7. Payor name on check: Last Name C19814.00: NOI 226 Route 28, West Yarmouth, MA Page 1 of 6 Project Description I. Existing Property Description The property at 226 Route 28, West Yarmouth, MA is fully developed and currently operates as a motel business in the Hotel/Motel Overlay District 1 (HMOD1). The property consists of two (2) total buildings, which includes a total of 57 units, manager’s quarters and an office. The property has a total land size of 1.5 acres, and was built in 1950 and 1978, according to the Yarmouth Assessors Property Record Card. II. Wetland Resource Areas The subject property lies within the following Massachusetts Department of Environmental Protection (Mass DEP) wetland resource areas: Bordering Vegetated Wetland (Wooded Swamp) and The Town of Yarmouth wetland Resource area: Vegetated Wetlands, (Wet Meadows, Marshes, Swamps and Bogs) The property lies outside of the Natural Heritage and Endangered Species Program (NHESP) Estimated or Priority Habitat of Rare Wildlife and Species and is not in an Area of Critical Environmental Concern (ACEC). The proposed scope of work will only take place within the buffer zone to the Bordering Vegetated Wetland. III. Project Description The applicant is proposing to remove the existing sewage disposal system, located within the 50’ – 100’ buffer to the Bordering Vegetative Wetland and to construct a new sewage disposal system upgrade outside of the 100’ buffer zone, with no increase in flow. The work replaces a 1977 septic system. The only work that will occur within the 50-100’ buffer will include collection system piping and decommissioning of the existing septic systems. Performance Standards Narrative Wetland Performance Standards - (310 CMR) State WPA Regulations The property at 226 Route 28, West Yarmouth, MA has the following State Defined resource areas: An explanation is provided to show how each performance standard is met. 10.55: Bordering Vegetated Wetlands (Wet Meadows, Marshes, Swamps and Bogs) (4) General Performance Standards. (a) Where the presumption set forth in 310 CMR 10.55(3) is not overcome, any proposed work in a Bordering Vegetated Wetland shall not destroy or otherwise impair any portion of said area. • N/A – No disturbance in BVW for proposed work; buffer zone 50’-100’ only (b) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of up to 5000 square feet of Bordering Vegetated Wetland when said area is replaced in accordance with the following general conditions and any additional, specific conditions the issuing authority deems necessary to ensure that the replacement area will function in a manner similar to the area that will be lost: C19814.00: NOI 226 Route 28, West Yarmouth, MA Page 2 of 6 • N/A – Not applicable 1. the surface of the replacement area to be created ("the replacement area") shall be equal to that of the area that will be lost ("the lost area"); o N/A – Not applicable 2. the ground water and surface elevation of the replacement area shall be approximately equal to that of the lost area; o N/A – Not applicable 3. The overall horizontal configuration and location of the replacement area with respect to the bank shall be similar to that of the lost area; o N/A – Not applicable 4. the replacement area shall have an unrestricted hydraulic connection to the same water body or waterway associated with the lost area; o N/A – Not applicable 5. the replacement area shall be located within the same general area of the water body or reach of the waterway as the lost area; o N/A – Not applicable 6. at least 75% of the surface of the replacement area shall be reestablished with indigenous wetland plant species within two growing seasons, and prior to said vegetative reestablishment any exposed soil in the replacement area shall be temporarily stabilized to prevent erosion in accordance with standard U.S. Soil Conservation Service methods; and o N/A – Not applicable 7. the replacement area shall be provided in a manner which is consistent with all other General Performance Standards for each resource area in Part III of 310 CMR 10.00. In the exercise of this discretion, the issuing authority shall consider the magnitude of the alteration and the significance of the project site to the interests identified in M.G.L. c. 131, § 40, the extent to which adverse impacts can be avoided, the extent to which adverse impacts are minimized, and the extent to which mitigation measures, including replication or restoration, are provided to contribute to the protection of the interests identified in M.G.L. c. 131, § 40. o N/A – Not applicable (c) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of a portion of Bordering Vegetated Wetland when; C19814.00: NOI 226 Route 28, West Yarmouth, MA Page 3 of 6 • N/A – Not applicable 1. said portion has a surface area less than 500 square feet; o N/A – Not applicable 2. said portion extends in a distinct linear configuration ("finger-like") into adjacent uplands; and o N/A – Not applicable 3. in the judgment of the issuing authority it is not reasonable to scale down, redesign or otherwise change the proposed work so that it could be completed without loss of said wetland. o N/A – Not applicable (d) Notwithstanding the provisions of 310 CMR 10.55(4)(a), (b) and (c), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59. • N/A – according to MA GIS mapping, the proposed project is not located in NHESP Designated Area for Specified Habitats or Rare Vertebrate or Invertebrate species. (e) Any proposed work shall not destroy or otherwise impair any portion of a Bordering Vegetated Wetland that is within an Area of Critical Environmental Concern designated by the Secretary of Energy and Environmental Affairs under M.G.L. c. 21A, § 2(7) and 301 CMR 12.00: Areas of Critical Environmental Concern. 310 CMR 10.55(4)(e): • N/A – according to MA GIS mapping, the proposed project is not located in an Area of Critical Environmental Concern (ACEC) 1. supersedes the provisions of 310 CMR 10.55(4)(b) and (c); o N/A – Not applicable 2. shall not apply if the presumption set forth at 310 CMR 10.55(3) is overcome; o N/A – Not applicable 3. shall not apply to work proposed under 310 CMR 10.53(3)(l); and o N/A – Not applicable 4. shall not apply to maintenance of stormwater detention, retention, or sedimentation ponds, or to maintenance of stormwater energy dissipating structures, that have been constructed in accordance with a valid order of conditions o N/A – Not applicable C19814.00: NOI 226 Route 28, West Yarmouth, MA Page 4 of 6 Town of Yarmouth Wetlands Regulations The property at 226 Route 28, West Yarmouth, MA has the following Local Defined resource areas within 100’ of the proposed Project: 3.02 Vegetated Wetlands, (Wet Meadows, Marshes, Swamps and Bogs) 3) Performance Standards: Any proposed work, permitted by the Commission, in a vegetated wetland or within 100 feet of a vegetated wetland shall not destroy any portions of said vegetated wetland, nor shall the proposed work impair in any way the vegetated wetland’s ability to perform any of the functions in section 3.02, (1). • N/A – No disturbance in BVW for proposed work; buffer zone 50’-100’ only C19814.00: NOI 226 Route 28, West Yarmouth, MA Page 5 of 6 Construction Protocol Pre-Construction Requirements  A sign bearing the MA DEP file number shall be posted in compliance with the Order of Conditions issued by Yarmouth Conservation Commission.  Prior to any construction or site disturbance activity, the erosion and sedimentation barriers shall be installed in the location(s) shown on the plan.  A copy of the approved plans and the Order of Conditions shall be provided to the Contractor and shall be on site at all times. On-Site Pre-Construction Conference Prior to the start of any sitework or construction, a pre-construction meeting will be held on site to discuss the project requirements with the following parties represented:  Sitework Contractor  Coastal Engineering Co., Engineer  Yarmouth Conservation Commission Agent Topics to be discussed during this meeting:  Maintenance of Erosion and Sedimentation Control barrier  Limit of Work  Construction sequencing and schedule  Material and Equipment Storage  Project contacts During the preconstruction conference, the Engineer and Conservation Agent shall inspect the erosion and sedimentation barrier. Any deficiencies shall be addressed prior to the commencement of the site work. Erosion Control Proposed undisturbed areas shall be protected from erosion and sedimentation by the placement of an erosion and sedimentation barrier along the proposed work limit. The barrier shall be maintained in good condition. The erosion and sedimentation control measures shall remain in place until stabilization of disturbed areas. The erosion control measures shall not be removed without the approval of the Conservation Agent. Sediment shall be removed by hand anytime the erosion and sedimentation barrier has a thirty percent load of sediment, or as directed by the engineer or an agent of the Conservation Commission. C19814.00: NOI 226 Route 28, West Yarmouth, MA Page 6 of 6 Limit of Work The Sitework Contractor shall familiarize himself with the boundaries of the property and the limit of work. The Contractor shall exercise care in order to protect adjacent properties and wetland resource areas. The Contractor shall not operate heavy equipment outside the work limit as shown on the approved plan and delineated by the erosion and sedimentation control barrier. The staging area shall be outside of the buffer zone and shall be used for temporary storage and vehicle loading and unloading. The project work site shall be accessed from the parking lot. Any construction debris that is not removed at the end of the workday shall be placed in a trash dumpster to be located in staging area within the limit of work. The dumpster shall be covered at the end of the workday and emptied when full. The Contractor shall police the site daily in order to prevent wind-blown material from entering the resource areas. Construction Access Construction vehicles and equipment access to and from the site shall be from the parking lot. Construction and Completion of Construction The contractor shall practice good housekeeping measures during the day-to-day operations at the site. The site should be policed daily to remove any litter or construction debris. Care shall be taken that no debris be allowed outside the work limit. Debris outside the work limit shall be picked up immediately. Material stockpiles that are in place for an extended period of time shall be stabilized with vegetation, mulching, erosion control blankets, and other measures that are necessary to prevent the discharge of sediment from the project site. All disturbed areas to be revegetated as required by the Order of Conditions issued by the Yarmouth Conservation Commission. OWNER:AGENT:Bryan J. Weiner, P.E., Coastal Engineering Co., Inc.260 Cranberry HighwayOrleans, MA 02653508-255-6511bweiner@coastalengineeringcompany.com508-255-6700 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 226 Route 28 a. Street Address West Yarmouth b. City/Town 554 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: a. First Name b. Last Name SYNH, LLC c. Organization 1249 Beacon Street d. Mailing Address Brookline e. City/Town MA f. State 02445 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Cat 1e (upgrade of a subsurface septic system) 1 $110.00 $110.00 Step 5/Total Project Fee: $110.00 Step 6/Fee Payments: Total Project Fee: $110.00 a. Total Fee from Step 5 State share of filing Fee: $42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $67.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Project #: PM initials AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec. 40 I, Carla A. Davis, of Coastal Engineering Co., Inc. hereby certify under the pains and penalties of perjury that on February 17, 2022, I sent notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131 Section 40 and the Department of Environmental Protection’s Guide to Abutter Notification dated April 8, 1994 in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law, by SYNH, LLC with the Yarmouth Conservation Commission on February 17, 2022 for property located at 226 Route 28, Map 37 Parcel 147.2 in Yarmouth, MA. The project is for the Proposed Sewage Disposal System Upgrade and Associated Site Improvements. The form of the notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Very truly yours, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures cc: Mass. DEP/ SERO – Wetlands Yarmouth Conservation Commission SNYH, LLC D:\DOC\C19800\19814.00 - No physical folder\Permitting\NOI\Affidavit - Updated.docx 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 SYNH, LLC 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 226 Route 28, West Yarmouth D. Proposed work is Sewage Disposal System Upgrade _________________________________________________________________________ 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 508-255-6511________________________ 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 Carla Davis, Coastal Engineering Co., Inc. Address 260 Cranberry Highway Town Orleans State MA Zip 02653 Telephone 508-255-6511________________________ 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. 45/ 90.1/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 37/ 147.2/ / / SYNH LLC 1249 BEACON ST BROOKLINE , MA 02445 37/ 71/ / / AMS PROPERTIES LLC 225 ROUTE 28 WEST YARMOUTH , MA 02673 37/ 145/ / / NE CONF CORP OF SEVENTH DAY ADVE 115-50 MERRICK BLVD JAMAICA , NY 11434 37/ 144/ / / WEST YARMOUTH SERIES FOUR LLC P O BOX 342 HYANNIS , MA 02601 37/ 143/ / / WEST YARMOUTH SERIES FIVE LLC P O BOX 342 HYANNIS , MA 02601 37/ 142/ / / SCHIRCH ARTHUR D P O BOX 284 WEST YARMOUTH , MA 02673 37/ 141/ / / SCHIRCH SHIRLEY I 18 ROSEMARY LN WEST YARMOUTH , MA 02673 37/ 140/ / / CROCKER LOIS M CROCKER DONALD H ESTATE OF 22 ROSEMARY LN, WEST YARMOUTH , MA 02673 37/ 139/ / / SARGENT ELIZABETH D 26 ROSEMARY LN WEST YARMOUTH , MA 02673 37/ 135/ / / SCHMEER SIMONE SIMONE SCHMEER FMLY TRST 36 ROSEMARY LN WEST YARMOUTH , MA 02673 37/ 132/ / / DAVIS SPENCER R 21 ROSEMARY LN WEST YARMOUTH , MA 02673 37/ 138/ / / SMITH CARYN L 30 ROSEMARY LANE WEST YARMOUTH , MA 02673 TOWN OFYARMOUTHTOWN OF YARMOUTHTOWN OF YARMOUTHT.O.Y.LAND BANKTOWN OF YARMOUTHPARKCHASE BROOKTHE COVECAPE CODSUPER BUFFETBAYSIDE RESORT HOTELDESIGNERCONSIGNERBOUTIQUEGIARDINO'SHEAVENLYIIWINDRIFTVACATIONCONDOMINIUMTHUNDERBIRDMOTORLODGEROADWAYMOTELMOTOR LODGETIDEWATERA.K.A.LEWIS BAY LODGEHOWARD JOHNSON INNYANKEEVILLAGEAVENUEGLEASONROADBAXTERROADMIDDLEAV ENUETERRACECOSYHOMEBROOKTOWNROADAVENUEWOODBINEIRISROADLANEROADMARIGOLDROSEMARYROUTE28 ROGIAEVERGREEN RDSEAGRASSWAYSTREETEDDYWAYKENSBEATRICE LANE72262033B33A11483777365 111059 31110413733293440-3844-4248 52 56 60 64 66 2315131-13521-23 25-27 29-31182226-28 32 35 39 43 47 51 57 40 356 70 76 78 80 84 59 63 67 71 758101158626827526116142602237233229211795201183194198175 119115100142164174121891132282215171921293028242220181612102923191171218205-7935281302615212735302622181414-163634216226228242201816105253-54238ROUTE282523132481882048A&8B12A&12BTREPLAA-CBUILDING22514921412106815617(TOWN)(PRIVATE)(PRIVATE)(TOWN)(TOWN)(TOWN)(STATE)(TOWN)(TOWN)(TOWN)(TOWN)(TOWN)(TOWN)(PRIVATE)(PRIVATE)PRIVATEWAYDRAINEASEMENTD RAINE ASEME NTWATEREASEMENTMILLCREEKMILLPONDP/O 37-73P/O37-61P/O 37-62.1.3CP/O 37-1P/O 36-112P/O 37-6.2P/O 37-65P/O45-50P/O45-91P/O 38-4.1P/O 46-23CP/O 36-112P/O 45-78.1P/O 45-78.1P/O 45-93P/O 45-93P/O38-2P/O 38-1P/O 45-90.1P/O37-2.1880.10 AC970.10 AC960.10 AC950.10 AC940.10 AC930.10 AC920.11 AC1010.10 AC1020.10 AC1030.10 AC1040.10 AC1050.10 AC1060.10 AC1070.10 AC1080.10 AC1090.10 AC1390.22 AC1410.12 AC1420.11 AC1430.14 AC1440.16 AC72.111.78 AC23C31.78 AC7311.23 AC90.117.33 AC78.139.53 AC713.95 AC763.50 AC82.1.13.14 AC147.12.70 AC1124.43 AC751.75 AC78.12.13 AC653.20 AC62.1.42.17 AC147.21.50 AC1481.85 AC612.59 AC1491.44 AC601.35 AC62.1.33.41 AC72.21.46 AC62.1.11.14 AC580.78 AC741.03 AC1111.48 AC436.92 AC541.01 AC62.1.20.92 AC770.90 AC41.03 AC11.73 AC590.84 AC2.10.94 AC800.61 AC530.89 AC20.98 AC1560.58 AC510.62 AC62.20.69 AC10.71 AC570.63 AC910.65 AC1100.53 AC6.10.66 AC140.61 AC153.10.58 AC1450.61 AC480.65 AC81.10.54 AC500.52 AC470.47 AC790.41 AC152.30.48 AC930.73 AC50.56 AC98.1.10.88 AC15.10.55 AC100.44 AC130.40 AC1350.42 AC90.43 AC70.42 AC1400.40 AC80.40 AC33.53 AC160.45 AC110.38 AC120.38 AC640.74 AC1270.32 AC1210.31 AC520.32 AC1120.31 AC1320.30 AC1330.31 AC1100.54 AC900.31 AC116.10.28 AC1170.29 AC1380.25 AC1250.36 AC500.27 AC700.21 AC460.26 AC670.24 AC1190.24 AC100.10.22 AC170.23 AC180.22 AC1290.22 AC990.17 AC1150.20 AC490.19 AC6.20.43 AC890.21 AC1090.42 AC680.20 AC450.20 AC690.23 AC200.18 AC914.53 AC1280.20 AC630.20 AC1180.18 AC6.10.79 AC1340.20 AC430.18 AC560.16 AC190.17 AC660.17 AC1C0.45 AC220.16 AC550.16 AC440.20 AC1220.15 AC240.16 AC210.16 AC260.16 AC230.16 AC250.16 AC290.16 AC280.16 AC1300.15 AC1250.15 AC1130.15 AC410.16 AC1240.15 AC1310.15 AC1140.15 AC310.16 AC320.16 AC270.16 AC1230.15 AC300.16 AC390.16 AC340.16 AC330.16 AC350.16 AC380.16 AC400.16 AC370.16 AC420.20 AC155.10.15 AC360.16 AC1540.14 AC1200.13 AC870.10 AC155.20.14 AC860.13 ACTAX MAPTOWN OF YARMOUTHBARNSTABLE COUNTY, MASSACHUSETTSDATE OF LATEST MAP REVISION: 9/22/21INFORMATION SHOWN HEREON IS FOR ASSESSINGPURPOSES ONLY. NO LIABILITY FOR ERROR ISASSUMED BY THE TOWN OF YARMOUTH.100 0 100 20050Feet«SHEET37302928383736464544226 226 Route 28, West Yarmouth C19814.00/SYNH, LLC 226 Route 28, West Yarmouth Map 37, Parcel 147.2 41°39'21.05"N 70°15'19.57"W