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HomeMy WebLinkAboutRDA Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 175 Route 28 Request for Determination of Applicability Parking Lot Improvement Town of Yarmouth Conservation Commission February 2022 Prepared for: DiParma Italian Table Evangelia Zambelis 175 Route 28 W. Yarmouth, MA 02673 BSC Job #49329.01 TABLE OF CONTENTS Item Attachment Town of Yarmouth Checklist 1 Request for Determination of Applicability Forms 2 USGS Site Locus Map 3 FEMA Map 4 Assessors Map 5 Photographs 6 Site Plans 7 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 FEBRUARY 23, 2022 www.bscgroup.com Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Request for Determination of Applicability, Proposed Minor Parking Lot Improvements 175 Route 28, West Yarmouth, Massachusetts; BSC Job #49329.01 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) on behalf of our client, Evangelia Zambelis, for the property located at 175 Route 28 in West Yarmouth (the Site). The proposed Site activities include parking lot improvements to increase the amount of pervious surface area within and adjacent to resources and their buffer zones. The parking lot improvements consist of replacing formerly paved areas with either grass or trees. Impacts to the buffer zones of jurisdictional resource areas associated with the removal of the existing pavement will comprise of approximately 65 square feet (sf) removed within the 0-50’ buffer zone to Wetlands and approximately 360 sf removed within the 50-100’ buffer zone to wetlands. There will also be approximately 425 sf removed within the 0-50’ buffer zone to Coastal Bank and approximately 200 sf within the 50-100’ buffer zone to Coastal Bank. Upon the completion of work, these areas will be restored to their original grade, and either loamed and seeded, or planted with a tree immediately following the completion of work. There will be approximately 825 sf of pavement removed outside of any jurisdictional resource areas as well. These areas will be restored to their original grade and loamed and seeded following the completion of work. The proposed work will result in a reduction to developed/impervious areas within the Buffer Zone to Coastal Bank and BVW, which will provide a significant betterment to the Site in terms of the interests of the WPA and the Yarmouth Bylaw. A line of sediment and erosion controls will be installed between the limit of work and the wetland resource areas prior to the start of work and will remain in place until work has been completed. All construction materials will be staged in upland areas upgradient of all resource areas. All debris from the Site will be contained in roll-off container stored in upland areas and will be removed from the Site in a timely manner. Please see attached plans for more details. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection Bylaw. If you have any questions or need additional information, please contact our office at 508-778-8919. Sincerely, BSC GROUP, INC. Matthew Creighton, PWS Sr. Associate/Manager of Ecological Services - West Yarmouth cc: Evangelia Zambelis, 175 Route 28, West Yarmouth, MA 02673 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664 -4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 • kgrant@yarmouth.ma.us Rev. 9/2021 Administrative Checklist Request for Determination of Applicability General Information: All filings must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners’ packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Submitting an Application: 1 original application with original signatures (double sided). A detailed project narrative to include sufficient information to enable the Commission to determine whether the proposed work will alter an area subject to protection (in hardcopy form). BVW delineation sheet(s), coastal bank calculation and other relevant material (in hardcopy form). 1 hardcopy of a Yarmouth Assessor’s locator map highlighting parcel(s) where work is proposed, including map and parcel numbers. Assessor’s maps can be found at www.yarmouth.ma.us/70/Assessor 1 original and 7 photocopies of the plan/sketch, folded separately, right side out with title visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed and existing conditions, native species, size and spacing. A pdf copy of the application, supporting information and plan/sketch emailed to kgrant@yarmouth.ma.us. Please put the property’s street address in the pdf file name. Local filing fee – separate check payable to “Town of Yarmouth”. Legal ad fee – separate check payable to “Town of Yarmouth”. (Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms) A pdf copy of the signed application and plan/sketch must be sent VIA EMAIL to DEP, Southeast Region at SERO_NOI@mass.gov with a subject line showing “YARMOUTH - RDA - Street Address - Applicant Name” and copied to kgrant@yarmouth.ma.us. We must receive a copy of this email as proof that it has been sent to DEP. Submit a copy of any Certified Mail receipts (PS Form 3800) for others, such as Massachusetts Natural Heritage and Endangered Species Program, Massachusetts Division of Marine Fisheries, etc. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. If the applicant is not the property owner: Please submit a signed Site Access Authorization Form; AND The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this office. Please submit a copy of the Certified Mail receipt with application. CONSERVATION OFFICE x x x x X x x x x n/a wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Evangelia Zambelis Name E-Mail Address 175 Route 28 Mailing Address West Yarmouth City/Town MA State 02673 Zip Code Phone Number Fax Number (if applicable) 2. Representative (if any): BSC Group, Inc. Firm Kieran Healy Contact Name khealy@bscgroup.com E-Mail Address 349 Route 28, Unit D Mailing Address West Yarmouth City/Town MA State 02673 Zip Code 508-778-8919 Phone Number Fax Number (if applicable) B. Determinations 1. I request the Yarmouth Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Yarmouth Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town C.Project Description 1.a. Project Location (use maps and plans to identify the location of the area subject to this request): 175 Route 28 Street Address West Yarmouth City/Town 37 Assessors Map/Plat Number 74 Parcel/Lot Number b.Area Description (use additional paper, if necessary): The exisitng site contians a single building funtioning as a restaurant. The building is abutted by commercial buildings to the south and east, including hotels and resorts. Conservation land abuts the property to the west side, with Route 28 to the North. The top of coastal bank sits on the western side of the Site, with a wetland also present along the western boundary of the Site. See attached photo pages for views of the Site and resource areas. c.Plan and/or Map Reference(s): Site Plan of Land-175 Route 28-Proposed Conditions Title 12/29/2021 Date Title Date Title Date 2.a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The proposed project at the Site involves the removal of pavement and parking lot improvements. The parking lot improvements consist of replacing formerly paved areas with either grass or trees. Impacts to the buffer zones of jurisdictional resource areas associated with the removal of the existing pavement will comprise of approximately 65 square feet (sf) removed within the 0-50 Buffer Zone to Wetlands and approximately 360 sf removed within the 50-100 Buffer zone to Wetlands. There will also be approximately 425 sf removed within the 0-50 Buffer Zone to Coastal Bank and approximately 200 sf removed within the 50-100 Buffer Zone to Coastal Bank. Upon the completion of work, these areas will be restored to their original grade, and either loamed and seeded, or immediately planted with trees. There will also be approximately 825 sf of pavement removed outside of the buffer zones. These areas will be restored to their original grade and loamed and seeded following the completion of work. wpaform1.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town C.Project Description (cont.) b.Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 310 CMR 10.02(2)(b)2 : This section of the WPA lists exemptions for minor work within in buffer zones, 310 CMR 10.02(2)(b)2.f states "The conversion of impervious to vegetated surfaces, provided erosion and sedimentation controls are implemented during construction". As the bulk of the proposed work within the buffer zone to jurisdictional areas comprises of pavement within an existing parking lot being converted either into greenscaped or mulched and planted areas, with perimeter BMPs installed, this work can be considered exempt under the WPA. The proposed parking lot improvements will result in a betterment to the exisiting conditions of the Site and will reduce the impervious area adjacent to and within resources ares and their buffer zones. 3.a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b.Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) 2/23/2022 Copyright:© 2013 National Geographic Society, i-cubed 70°15'0"W 70°15'0"W 70°16'0"W 70°16'0"W 41°40'0"N41°40'0"N41°39'0"N41°39'0"NDocument Path: \\bscbos\yar\GIS-YAR\GISPrj\4932901\GIS\Report Figures\LOCUS_Map.mxdDate Saved: 7/6/2018 2:28:29 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed 175 ROUTE 28 WEST YARMOUTH, MASSACHUSETTSUSGS Site Locus Map (page size: 8.5 X 11) 1 inch = 2,000 feet 0 1,000 2,000 Feet H Site Location National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/22/2022 at 2:36 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°15'52"W 41°39'38"N 70°15'15"W 41°39'11"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 TOWN OF YARMOUTH TOW N OF YAR MOUTH TOW N OF YAR MOUTH T.O.Y. LAND BANK TOW N OF YAR MOUTH PARK CHASE BROOK THE COVE CAPE COD SUPER BUFFET BAYSIDE RESORT HOTEL DESIGNER CONSIGNER BOUTIQUE GIARDINO'S HEAVENLY II WINDRIFT VACATION CONDOMINIUM THUNDERBIRD MOTOR LODGE ROADWAY MOTEL MOTOR LODGE TIDEWATER A.K.A. LEWIS BAY LODGE HOWARD JOHNSON INN YANKEE VILLAGEAVENUEGLEASON ROAD BAXTERROADMIDDLE AVENUETERRACECOSYHOMEBROOKTOWNROADAVENUEWOODBINEIRIS ROAD LANEROADMARIGOLDROSEMARYR O UTE 28 ROGIA EVERGREEN RD SEAGRASS WAY STREET EDDY WAYKENSBEATRICE LANE72262033B33A114 8377736511 10 59311 10 413733293440-3844-424852566064662315131-135 21-2325-2729-31182226-2832353943475157403 56707678808459636771758 10 11 586268275 261 16 14 260 2 237 233 229 211 795201 183 194 198 175 119 115 100 142 164 174 121891132282215171921293028242220181612102923191171218205-79352 8 1 302615212735302622181414-16 3634216 226 228 242 201816105 253-54238 ROUTE 28 2523132 48188 204 8A &8B12A &12BTREATMENTPLANTA - CBUILDING 25225 149 214 12 10 6 8 156 17 (TOWN)(PRIVATE)(PRIVATE) (TOWN)(TOWN)(TOWN) (STATE)(TOWN)(TOWN)(TOWN)(TOWN)(TOWN)(TOWN)(PRIVATE)(PRIVATE) PRIVATE WAY DRAIN EASEMENT D R AIN E A S E M E N T WATER EASEMENTMILL CREEK MILL POND P/O 37-73 P/O 37-61P/O 37-62.1.3CP/O 37-1P/O 36-112P/O 37-6.2P/O 37-65 P/O 45-50 P/O 45-91 P/O 38-4.1P/O 46-23CP/O 36-112P/O 45-78.1 P/O 45-78.1 P/O 45-93P/O 45-93 P/O 38-2 P/O 38-1P/O 45-90.1 P/O 37-2.1 880.10 AC 970.10 AC960.10 AC950.10 AC940.10 AC 930.10 AC920.11 AC 1010.10 AC1020.10 AC1030.10 AC1040.10 AC1050.10 AC1060.10 AC1070.10 AC1080.10 AC1090.10 AC 1390.22 AC 1410.12 AC 1420.11 AC 1430.14 AC 1440.16 AC 72.111.78 AC 23C31.78 AC 7311.23 AC 90.117.33 AC 78.139.53 AC 713.95 AC 763.50 AC 82.1.13.14 AC 147.12.70 AC 1124.43 AC 751.75 AC 78.12.13 AC 653.20 AC 62.1.42.17 AC 147.21.50 AC 1481.85 AC 612.59 AC 1491.44 AC 601.35 AC 62.1.33.41 AC 72.21.46 AC 62.1.11.14 AC 580.78 AC 741.03 AC 1111.48 AC 436.92 AC 541.01 AC 62.1.20.92 AC 770.90 AC 41.03 AC 11.73 AC 590.84 AC 2.10.94 AC 800.61 AC 530.89 AC 20.98 AC 1560.58 AC 510.62 AC 62.20.69 AC 10.71 AC 570.63 AC 910.65 AC 1100.53 AC 6.10.66 AC 140.61 AC 153.10.58 AC 1450.61 AC 480.65 AC 81.10.54 AC 500.52 AC 470.47 AC 790.41 AC 152.30.48 AC 930.73 AC 50.56 AC 98.1.10.88 AC 15.10.55 AC 100.44 AC 130.40 AC 1350.42 AC 90.43 AC 70.42 AC 1400.40 AC 80.40 AC 33.53 AC 160.45 AC 110.38 AC 120.38 AC 640.74 AC 1270.32 AC 1210.31 AC 520.32 AC 1120.31 AC 1320.30 AC 1330.31 AC 1100.54 AC 900.31 AC 116.10.28 AC 1170.29 AC 1380.25 AC 1250.36 AC 500.27 AC 700.21 AC 460.26 AC 670.24 AC 1190.24 AC 100.10.22 AC 170.23 AC 180.22 AC 1290.22 AC 990.17 AC 1150.20 AC 490.19 AC 6.20.43 AC 890.21 AC 1090.42 AC 680.20 AC 450.20 AC 690.23 AC 200.18 AC 914.53 AC 1280.20 AC 630.20 AC 1180.18 AC 6.10.79 AC 1340.20 AC 430.18 AC 560.16 AC 190.17 AC 660.17 AC 1C0.45 AC 220.16 AC 550.16 AC 440.20 AC 1220.15 AC 240.16 AC 210.16 AC 260.16 AC 230.16 AC 250.16 AC 290.16 AC 280.16 AC 1300.15 AC 1250.15 AC 1130.15 AC 410.16 AC 1240.15 AC 1310.15 AC 1140.15 AC 310.16 AC 320.16 AC 270.16 AC 1230.15 AC 300.16 AC 390.16 AC 340.16 AC 330.16 AC 350.16 AC 380.16 AC 400.16 AC 370.16 AC 420.20 AC 155.10.15 AC 360.16 AC 1540.14 AC 1200.13 AC 870.10 AC 155.20.14 AC 860.13 AC TAX MAPTOWN OF YARMOUTH BARNSTABLE COUNTY, MASSACHUSETTS DATE OF LATEST MAP REVISION: 9/22/21 INFORMATION SHOWN HEREON IS FOR ASSESSING PURPOSES ONLY. NO LIABILITY FOR ERROR IS ASSUMED BY THE TOWN OF YARMOUTH. 100 0 100 20050 Feet «SHEET37302928 383736 464544 Photo 1: View of the front of Diparma restaurant at 175 Route 28 from the roadside. Looking southwest. Photo 2:View of the front of Diparma restaurant at 175 Route 28 from the roadside. Looking southeast. Site Photographs February 2022 175 Route 28 West Yarmouth, MA Page 1 Photo 3:. View of western face of Diparma restaurant from parking lot. Looking east Photo 4: View of the BVW and Salt Marsh from an area west of the Site, taken in July 2018. Facing south. Site Photographs February 2022 175 Route 28 West Yarmouth, MA Page 2