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HomeMy WebLinkAboutNOIDATE: 03/23/2022 FROM: Ansley Drucket, brod Town of Yarmouth Conservation Commission Method of Delivery: Deliver 355 Great Island Rd, West Yarmouth Enclosed is a Notice of Intent filing for 355 Great Island Rd, West Yarmouth, including: • Town of Yarmouth NOI Checklist WPA Form 3 - NOI • Project Narrative • USGS Locus Map • Abutters List • Notification to Abutters • 2 Approval Letter from Abutters • Photos of Site • Shellfish Survey Report • $250.50 Town Fee • $238.00 Bylaw Fee $10 Legal Ad Fee • Site plan, dated 12-16-2021 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 a@downcape.com DEPARTMENT OF CONSERVATION IF 1111111111 / ' A / i All ngs must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners' packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Su� a� Qp p �%catic�.ri: V Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) �1 original application with original signatures (double sided). 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 Ian, folded separately, right side out with title visible. All plans shall p p reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & / existing conditions, native species, size and spacing. V 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. LA pdf copy of signed application, supporting information, and plan emailed to kgrant(a�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. Submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for / electronic filing information. If filed electronically, please copy karant(a)yarmouth.ma.us. V Waterway's jurisdiction — Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of ail Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Yarmouth Conservation Commission • 1146 Route 28 •South Yarmouth, MA 026644492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 1 of 2 State filing fee: separate check, Refer to Wetland Fee Transmittal Form V By-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://www.yarmouth.ma.us/696/F11ing-Forms l.� If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. QIf 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 - NOI - Street Address - Applicant Name" and copied to kprant(CDyarmouth.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? *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 Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 2 of 2 Massachusetts Department of Environmental Protection 4 NJ HAj In I I it lot 4 Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: �owNCAPE Transaction ID: 1333422 DOCUment: WPA Form 3 - NOI Size of File: 247.22K Status of Transaction: In Process Date and Time Created: 3121/2o22:s:58:43 AM 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: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1333422 WPA Form 3 - Notice of Intent Cityffown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Sheet Address 355 GREAT ISLAND ROAD b. City/Town YARMOUTH c. Zip Code d. Latitude 41.63192N e. Longitude f. Map/Plat # 14 g.Parcel/Lot # 2. Applicant: � Individual i Organization a. First Name NINO b.Last Name c. Organization SWEETHEART CREEK LLC d. Mailing Address 159 CAMBRIDGE STREET e. City/Town ALLSTON f. State MA h. Phone Number i. Fax 3.Property Owner: i more than one owner 02673 70.23875 W 3 MICOZZI g. Zip Code 02134 j. Email a. First Name SWEETHEART CREEK LLC b. Last Name C. Organization MICOZZI MANAGEMENT, INC. d. Mailing Address 159 CAMBRIDGE STREET e. City/Town ALLSTON f.State MA g. Zip Code 02134 h. Phone Number i. Fax j.Email 4Representative: a. First Name DANIEL A. b. Last Name OJALA c. Organization DOWN CAPE ENGINEERING, INC. d. Mailing Address 939 ROUTE 6A e. City/Town YARMOUTH PORT f. State MA g. Zip Code 02675 h.Phone Number 508-3624541 i.Fax 50&362-9880 j.Email downcape@downcape.com STotal WPA Fee Paid. (Automatically inserted from NOT Wetland Fee Transmittal Form): a.Total Fee Paid 476.00 b.State Fee Paid 225.50 c.City/Town Fee Paid 250.50 6.General Project Description: REBUILD EXISTING PIER, ADD (2) 6'X 16.5' FLOATS, REMOVE EXISTING FLOAT, ADD 20' RAMP 7a.Project Type: 1. i Single Family Home 2. r Residential Subdivision 3. r Limited Project Driveway Crossing 4. 1' Commercial/Industrial 5.Iv'o Dock/Pier 6. r Utilities 7. i` Coastal Engineering Structure 8. ii Agriculture (eg., cranberries, forestry) 9. r' Transportation 10. li Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 ,MR 10.53 (inland)? Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by 1vlassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1333422 WPA Form 3 - Notice of Intent Cityaown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. � Yes � No If yes, describe which limited project applies to this project: 2. Limited Project Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: BARNSTABLF 189181 DOC. 1120514 d.Page: B. Buffer Zone &Resource Area Impacts (temporary &permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): Iv 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.�' Bank 1. linear feet 2. linear feet b.r Bordering Vegetated Wetland I ,square feet 2, square feet o.f Land under Waterbodies and Waterways 1. Square feet 2. square feet 3. cubic yards dredged d.r 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. r Riverfront Area 1. Name of Waterway (if any) 2. Width of Riverfront Area (check one) l" 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 NOT? 1' Yesf` No Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1333422 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 6. Was the lot where the activity is proposed created prior to August I, 1996? Yes No 3.Coastal Resource Areas: (See 310 CMR 10.25-10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.1f Designated Port Areas Indicate size under Land under the ocean below, b. ry Land Under the Ocean 3.3 1. square feet 2. cubic yards dredged ah Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d.r Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.F Coastal Dunes 1. square feet 2. cubic yards dune nourishment f.i'" Coastal Banks 1. linear feet g.( " Rocky Intertidal Shores 1. square feet h. r Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. iT' Land Under Salt Ponds 1. square feet 2. cubic yards dredged ; j.% Land Containing Shellfish 3.3 1, square feet C,r Fish Runs Indicate size under Coastal Banks, Inland Bank, Laird Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged ].r' Land Subject to Coastal Storm Flowage 1. square feet ,Restoration/Enhancement l" 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 SProjects Involves Stream Crossings r Project Involves Streams Crossings If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a. nwnber of new stream crossings Provided by MassDEP: MassDEP File #: eDEP Transaction #:1333422 City7own:YARMOUTH b. number of replacement stream crossings C. Other Applicable Standards and Requirements 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 of Endangered Species program (NHESP)? a. r Yes f� 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 10018).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. h Percentage/acreage of property to be altered: (a) withhi Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage .r' Assessor's Map or right-of-way plan of site 3. i—` Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed hee/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.I' Photographs representative of the site c. r MESA filing fee (fee information available at: httn://www.mass.gov/eea/aeencies/dfg/dfw/natural-heritage/re ug latory- review/mass-endan eg red-species-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 sub»:it: d.l� Vegetation cover type map of site e. f Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following l.t' Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass,gav/eea/agencies/dfgldfw/laws-regulations/crm•/321-crm•-1000-massachusetts-endan ered- snecies-act.html# 10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.1" Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP .r Separate MESA review completed. Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1333422 WPA Form 3 - Notice of Intent City/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Include copy of NI IESP "no Take" determination or valid Conservation &Management Permit with approved plan. * Some projects not in Estimated Habitat maybe located in Priority Habitat, and require NHESP review... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run? a. r Not applicable - project is in inland resource area only b. I✓ Yes 1-" 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 North Shore -Hull to New Hampshire: Division of Marine Fisheries - Nortlr Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it 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. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.�Yes �No b. ACEC Name If yes, provide name of ACEC (see insriucrions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any portion of the proposed project within an uea designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. iv Yes 1✓ No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Resriiction Act (M.G.L.c. 130, § 105)? a. Cv, Yes r, No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. i' Yes, Attach a copy of the Stonnwater 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 I=' Vol .2, Chapter 3) 2' A portion of the site constitutes redevelopment i 3' Proprietary BMPs are included in the Stormwater Management System i U.� No, Explain why the project is exempt: �, Single Family Home Emergency Road Repair Page 5 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1333422 WPA Form 3 = Notice of Intent City/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4srngle-family houses or less than or equal to 4 units inmulti-family r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of intent (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 1✓ 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 W, [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). r' Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. FV a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: PIER MODIFICATION DANIEL A. OJALA, December 16, 2021 PLAN PE, PLS 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 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. 1✓ 8. Attach NOI Wetland Fee Transmittal Form. 9. Attach Storrnwater Report, if needed. l" Page 6 of 7 *ELECTRONIC COPY :ssD' 1" i1 jia Bureau o, Resource Protection '' , Form f iqlogee of Intent Citylrown:YARMOUM u: • a •� t. Fee Exempt: No riling fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized indien 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 NOT Wetland Fee Transmittal Form) to confirm fee payment: C� 3 3, I -2, z Z 2. Municipal Check Number 3. Check date 4, State Check Number 5. Check date 6. Payer name on check: First Name7. Payer name on check: Last Name I hereby certify under the penalties of peptuy that the 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 et the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). i fiuther certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40, Notice must be made by Certificate of Mailing or in writing by hand delivery or certified trail (return receipt requested) to all abutters within 100 feet of the properly line of the project location. 2. Date 4. Data m 6a rate For Conaenratton Commttsslon: Two copies of the completed Notice of Intent (Form 3), including supporting plans end documents, two copies ofthe NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed T'atice of Intent (Form 3), including suppafling plans and documents, one copy of the NOl \Vetiand Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by cerlilied mail or hand delivery. Other: If the applicant Itas checked the "yes" box in Section C, Items I-3, above, refer to that section and the Instructions 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: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Timnsaction#:1333422 Form City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name NINO b.Last Name MICOZZI C. Organization SWEETHEART CREEK LLC d. Mailing Address 159 CAMBRIDGE STREET e. City/Town ALLSTON f. State MA g. Zip Code 02134 h. Phone Number i. Fax j. Email 2Troperty Owner:(if different) a. First Name SWEETHEART CREEK LLC b. Last Name c. Organization MICOZZI MANAGEMENT, INC. d. Mailing Address 159 CAMBRIDGE STREET e. City/Town ALLSTON f.State MA g. Zip Code 02134 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 355 GREAT ISLAND ROAD b. City/Town YARMOUTH Are you exempted from Fee? r (YOU HAVE SELECTED'NO') Note: Fee will be exempted if you are one of the following: • City/Town/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 Type Activity Activity Fee RF Multiplier Sub Total Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 119 4.00 476.00 DIKES, ETC. (COASTAL OR INLAND). City/Town share of filling fee State share of filing fee Total Project Fee $250.50 $225.50 $476.00 Page 1 of 1 *ELECTRONIC COPY NOTICE OF INTENT 355 Great Island Road West Yarmouth PROJECT NARRATIVE FOR PROPOSED RE -BUILDING OF EXISTING PIER; RAMP AND FLOATS Introduction The site consists of an existing dwelling which was permitted as a "raze and replace" in 2009, and an existing wood walkway/pier with ramp and pile -attached float. A portion of the existing pier (float, ramp and a portion of the walkway) were originally permitted through the town in 1977 with an Interim Approval issued by the State in 1991. The Resource areas that are in the area of the pier include: Coastal Bank, Salt Marsh, Coastal Beach, Land Containing Shellfish, Land Under Ocean and Land Subject to Coastal Storm Flowage. The resource areas most directly affected by the proposed work are Land Containing Shellfish and Land Under Ocean. A shellfish report is included as part of the filing. 310 CMR 10.30 Coastal Bank The Coastal Bank in this instance is a low elevated landform which lies well below the 100 year flood elevation and just landward of the Salt Marsh. No work is proposed on the Bank. Pile work will take place from the water and replacement of decking will occur on the walk/pier itself. No debris shall be deposited on the bank. 310 CMR 10.27 Coastal Beach & 10.32 Salt Marsh The Coastal Beach lies seaward of the marsh. Only minor, temporary impacts are expected during the work of installing the pilings. The barge shall not be allowed to ground out at low tide. The Beach will continue in its capacity to respond to wave activity. The pier will have no impact on this resource area. There is no salt marsh under the current pier. As one moves southwesterly from the pier, the marsh expands seaward. The new pier design utilizes the current pilings as they are in good condition and do not require replacement. This option, though not in accordance with the local pier regulations (centering the pier on the lot), makes the most sense ecologically due no impacts on the Salt Marsh or Coastal Bank. On behalf of our client, we are requesting a variance to this portion of the local regulations. We have obtained a letter from the abutter to the northeast, allowing the pier and floats to remain in the same position. The floats will be about T from their common lot line, which is an improvement over what exists (a portion of the existing float is on the abutter's property). 310 CMR 10.34 Land Containing Shellfish & 10.25 Land Under Ocean The pier will cross over Land Containing Shellfish and Land Under Ocean. Soundings indicate a minimum of 3' of water at the end of the float at MLW upon the proposed extension of the ramp by 4'. Current piling shall be removed/re-located to accommodate the (2) proposed 6'x 16.5' floats. We are proposing 1 additional 10" piling (4 total) for float attachment. The piling shall be butt driven and not jetted in below MLW, to minimize turbidity. A total of 3.3 s.f of bottom area will be impacted by the installation of 4 pilings. There shall be no grounding of machinery at low tide. -1- A shellfish study was performed by BSC this fall in the area of the pier; their conclusion was that there was no significant shellfish population. Out of 49 observation plots, only 21 quahogs and 15 softshell clams were found. The DEP does not map the area as having eel grass beds. This pier will be an improvement over what exists, as tup eI will mostly conform to local regulations. By re -constructing the pier to be 4' wide with 3/" spacing, it will come into better compliance with local regulations. Although not strictly conforming to local regulations, the outer portion of the pier conforms substantially with the original plan approved locally in 1977, and approved through the state in 1991. Proposing to keep the pier in its current position (with abutter approval — see. enclosed), while only re- locating 3 and adding 1 piling for a total of 4 is far less of an impact on the resource areas than requiring the installation of a completely new pier more centered on the site — which would significantly impact the Salt Marsh and Coastal Bank. With only 3.3 sf of bottom area impacted, impacts to shellfish and their habitat will be insignificant. RARE SPECIES The pier is not located in a Priority Habitat or Estimated Habitat for state -listed rare species as shown on Mass. GIS Oliver Maps dated 2017. -2- .ZUsti sDEU.SRGEOL+OGIICAI SURY�EYERIOR heEu�Natr/ Wf UMIN�R[ GeabpcY SvreT r�awttf�..wi�w,Ivcvn w,}mar a:.i.rWrwrA.. �.E•wr....�.., .s.I m . Nil rrr.+W ►:: JSTopo Lqlbmll�m� NOR all amn i�a: DENHIS QUADRANGLE MASSACNUSETTS - BARNSTABLE COUNTY 1.5-NINUTE SERIES 54�9 DENNIS fs+nti•r — e+ MA 1011 J 14/ 4/ 1 1 GRIFFIN ROBERT E TRS ZEHENTNER JUDY M CO-TRS 2 JUSTIN CT PALISADES, NY 10964 SWEETHEART CREEK LLC C/O MICOZZI MANAGEMENT INC 159 CAMBRIDGE ST ALLSTON , MA 02134 BRINKMANN STEPHEN BRINKMANN ALISON FALL 17 CLARK LN ESSEX , CT 06426 14/ 135/ l I FOTIADIS LEMONIA 34 REDWING RD WELLESLEY HILLS , MA 02481 MANGER PAUL K C/O MANGER PAUL K TR 350 GREAT ISLAND RD WEST YARMOUTH , MA 02673 14/ 137/ I I GREEN DEBORA L BALLIS EDWARD S 127 ASHFORD RD LONGMEADOW , MA 01106 94/ 138/ I I THE 362 GREAT ISLAND RD LLC 28211 NE 140TH PLACE DUVALL , WA 98019=8147 141 10/ 1 / SPILLANE ROSEMARY A 23 INSTITUTE RD WORCESTER , MA 01609 14/ 71 I I FIELDS POINT MFG CORP GREAT ISLAND HOMEOWNERS ASSOC 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 355 Great Island Rd., West Yarmouth, MA 02673 Assessors Map 14, Lot 3 Andy IVI Hado, Director of Assessing December , 282021 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 I�►no M ►cOZLI 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 3 SS G1 I LA I s I Gn G �d rebuild existing � add (20 Cv' x D. Proposed work is —� f I Oats; rP,i'�love ex i Sti nq -E (00-14 a d d 20' rcLm P ya r m o u4min 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 5 08 45 4 t 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 Dove n C"e. C n I new I n L Address G2 12oy+ Town Uf1110Uih fir+ State MA Zip 0 2A075 Telephone NOTES • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also,contact the Southeast Regional Office of the Department of Environmental Protection at (508) 94&2800 for more information about this application. Rosemary A. Spillane 8 Channel Point Drive West Yarmouth, MA 02601 March 7, 2022 Nino Miccozzi 355 Great Island Road West Yarmouth, MA 02673 Re: Pier Modification Plan for 355 Great Island Road Dear Mr. Miccozzi: Please accept this letter in support of your application to modify your dock. I am supportive of the application to locate a new dock in the same place. I thank you for reaching out to me and for informing me of this plan. If you have any questions, please do not hesitate to contact me. Very truly yours, '�� Rosemary A./Spillane December 20, 2021 Mr. Brian Rodoalph 355 Great Island Road West Yarmouth, MA 02673 Dear Brian: This letter confirms that I have absolutely no objection to the Micozzi dock being located where it is currently situated, regardless of how close it is to my property line. I have never had an issue with the location of the dock, and I am completely supportive of the Micozzi's application to locate a new dock in the same place. If you have any questions, please don't hesitate to reach out. E. Griffin 347 Great Island Road West Yarmouth, MA 02673 Bob a&Griffin360.com (917) 450-8471 Mobile Ak - \ ,y .• �! F:1 IN it lc, S 1 h of IL 0 No Ad It to 1 0 � 1 d of \ ;• � 0 do ' 9 IN so 4 NO 111it /� fr 1 1 1 \ It Not Ido LL j AN No look o Not :•• Not � t 'No W \ No IN Ad �'',2''/ Not i > i N/ it \\ �`, \' R, Nov It do 7 \I L`4 `' A AN i ?Y. JAI IN IN .�INS Soo�v do IN 4' od s QwrIN ' ,i �j::'.. `7 n No f \ N 14 old NO No A IS 4 41W I I I iy i/ 41_ NMI, , L AN /A,! �. ka4 Sold 1 4? Sold // 4; NNI 4j;. Sol ot /A lm r I! - r y . 1 Ifi IV So a No t 1 t So ft ,f� So iAJ� Ff IF I to No ?ti � � „{ '' W V1, it I AN -.r / ` y' La III A J Q � NAS' t l7qF4` - 5,r 4al� l\ Snel isn Sw ve nrY »tort/ r, as"Sac ells SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On November 10, 2021, Paul Mancuso and Cono►• Gilbertson, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean of Sweetheart Creek in Yarmouth, MA (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the area of an existing pier, ramp, and float within Sweetheart Creek. This shellfish survey accompanies a Notice of Intent application to expand the existing float at 355 Great Island Road, Yarmouth, MA (the Site). 2.0 SITE DESCRIPTION Sweethea►•t Creek is a tributary situated on the south east side of Lewis Bay. The creek is lined mostly by single-family homes. The residence at 355 Great Island Road is abutted by single- family homes to the east, west, and south with Sweetheart Creek to the north. The following resource areas are located onsite: • Land Unde►• the Ocean • Land Containing Shellfish • Salt Marsh • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) 3.0 SHELLFISH INVENTORY In orde► to evaluate existing shellfish habitat at the site, BSC conducted a shellfish su►vey from the Mean High Water (MHW) to below Mean Low Water (MLW). The weather during the su►•vey was overcast with temperatures around 55F. The survey commenced as low tide was approaching. In order to sample for shellfish within the project area, 7 transects, located 8 feet apart (plus the distance between 4400t wide excavated plots, resulting in a 12' distance between transects), each with 7 plots, located 10 feet apart (beginning from the edge of the 4- foot by 4400t plot, resulting in a distance of roughly 14 feet behveen plots), were conducted as follows: T►•ansect 1 —Located 36 feet to the northeast of existing pier. Extending approximately 84 feet seaward from MHW. Transect 2 —Located 24 feet to the northeast of existing pier. Extending approximately 84 feet seaward from MHW. Transect 3 —Located 12 feet to the northeast of existing pier. Extending approximately 84 feet seaward from MHW. Transect 4 —Located along the centerline of the existing pier. Extending approximately 84 feet seawa►•d from MHW. Transect 5 —Located 12 feet to the southwest of existing pier. Extending approximately 84 feet seaward from MHW. Transect 6 —Located 24 feet to the southwest of existing pier. Extending approximately 84 feet seaward from MHW. 1 �l C .i. 355 G06tlsland r r" Rd Meet Yarmouth Le 611el1Jrs11 Sur Vey 355 Great Island Road Yarmouth, Massachusetts TahlP 1 —Shellfish Inventory Plot — Description _ Shellfish Substrate and Other Observations Transect I — 36' Northeast of Exi ting Pier MHW Ribbed mussels Salt marsh — Salicornia spp 14' seaward of MHW 2 soft shell Sandy/gravel 28' seaward of MHW 0 Sandy/gravel 42' seaward of MHW 0 Sandy/gravel 56' seaward of MHW 1 cher stone Sandy/gravel 70' seaward of MHW 1 littleneck 1 chowder Muck 84' seaward of MHW 1 cherrystone, 1 chowder Muck Transect 2 — 24' Northeast of Exi ting Pier MHW 0 Sandy/gravel 14' seaward of MHW 0 Sandy/gravel 28' seaward of MHW 2 soft shell Sandy/gravel 42' seaward of MHW 0 Sand 56' seaward of MHW 0 Sand 70' seaward of MHW 1 cherrystone Muck 84' seaward of MHW 0 Muck Transect 3 —12' Northeast of Existine Pier MHW Ribbed mussels Salt marsh — S artina patens 14' seaward of MHW 0 Sand 28' seaward of MHW 0 Sand 42' seaward of MHW 3 soft shell Sandy/gravel 56' seaward of MHW 1 cherrystone, 1 chowder, 1 oyster Mucky 70' seaward of MHW 3 soft shell, 1 cherrystone Muck 84' seaward of MHW 1 cherr stone Muck Transect 4 — Centerline of Existin Pier MHW Ribbed mussels Salt marsh — S artina alterni ora 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 28' seaward of MHW 0 Sand 42' seaward of MHW 4 soft shells Sand 56' seaward of MHW 0 Muck 70' seaward of MHW 1 cherrystone, 1 chowder Muck 84' seaward of MHW 1 chowder Mucky. Transect 5 —12' Southwest of Exi ting Pier MHW Ribbed mussels Salt marsh — S artina patens 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterniflora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 42' seaward of MHW 1 soft shell Sandy/gravel 56' seaward of MHW 0 Sandy/gravel 70' 84' seaward seaward of MHW of MHW 1 littleneck 1 chowder Muck Mucky Transect 6 — 24' Southwest of Existing Pier 3 Slrellfrslr Survey 355 Great Island Road Yarrrrouth, Massachusetts MHW Ribbed mussels Salt marsh — Salicor•nia spp 14' seaward of MHW Ribbed mussels Salt marsh—S artina alterni ora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni or•a 42' seaward of MHW 0 Sandy/gravel 56' seaward of MHW 0 Sandy/gravel 70' seaward of MHW I cherrystone Muck 84' seaward of MHW 1 cherr stone Muck Transect 7 — 36' Southwest of Exi ting Pier MHW Ribbed mussels Salt marsh — S artina patens 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterniflora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni or•a 42' seaward of MHW 0 Sandy/gravel 56' seaward of MHW I littleneck Sandy/gravel 70' seaward of MHW 2 littlenecks Muck 84' seaward of MHW 1 chowder Muck TOTAL NUMBER OF OBSERVATION PLOTS = 49 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF RIBBED MUSSELS = Mussel Beds in Salt Marsh TOTAL NUMBER OF OYSTERS =1 TOTAL NUMBER OF QUAHOGS = 21 TOTAL NUMBER OF SOFT SHELL CLAMS =15 TOTAL NUMBER OF RAZOR CLAMS= 0 It should also be noted that dozens of periwinkles (Littorina littorea) were documented within the intertidal sampling areas. Clumps of Ribbed Mussels (Geukensia demissa) were noted throughout the Salt Marsh located on Site. One live eastern oyster (Crassostr•ea virginica), and many other eastern oyster shells and Softshell clams (Mya arenar•ia) shells (deceased individuals) were found within the intertidal area. BSC also noted the presence of blood worms, shrimp, comb jellies, and blue crabs within the survey area. 4.0 TEMPORARY IMPACTS Proposed work related to expanding the existing float would have very limited impacts (shading) to Land Under the Ocean. In addition, the existing pier and float do not appear to impact population density. Any piling installation needed can be conducted in the off season to reduce shellfish impacts. ■ Any proposed pile installation could occur during the fall/winter/early spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. Therefore, only minimal impacts to shellfish habitat are expected (pilings). ■ Pile driving work should occur from a barge at mid to high tide to prevent the barge from running aground. ■ If necessary, existing shellfish could be dug and relocated from the site. However, based on this shellfish survey this should not be necessary since a small population of shellfish were located near the work area and the majority of the project is just a larger float to an existing structure. Shellfish Survey 355 Great Island Road Yarmouth, Massachusetts 5.0 SUMMARY BSC's shellfish survey identified the following: ■ 21 Quahogs (Mercenaria mercenaria) and 15 soft shell calms were found within the 49 shellfish plots surveyed. In addition, no spat or seeds were noted across the surveyed area. ■ Salt marsh located along the entire seaward edge of the Site and beyond MHW. These areas contained dense populations of Ribbed Mussels. Periwinkles (Littorina littorea) were noted in inundated/intertidal portions of the site. ■ The existing pier, ramp, and float system appear to not be affecting the shellfish population. As such, the slightly larger float would not decrease shellfish viability at the site. BSC Group, Inc. Matthew Creighton, PWS Sr. Associate / Sr. Coastal Scientist Manager of Ecological Services — West Yarmouth 5 iL�j1' I+ ; '��� n uti i� �� �. 77t s, i;' «, �' ter, ��t r I 0 if to �- - -; r t r.-Joe of — m - f. -- — I to oftf_ - - i rf �=jg is - it - - . r ftoo r�7 rof r .'� Lle woo to iv — I -to Photo 1: View of a quahog found during the shellfish survey at 355 Great Island Road, Yarmouth. Site Photographs Shellfish Survey 355 Great Island Road, Yai7nouth 11/10/2021 BSC GROUP