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HomeMy WebLinkAboutNOITRANSMITTAL DATE: 03/23/2022 FROM: Ansley Druckenbrod Town of Yarmouth Conservation Commission Method of Delivery: Deliver 369 Great Island Rd, West Yarmouth Enclosed is a Notice of Intent filing for 369 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 • Photos of Site • Shellfish Survey Report • Plan Book 470 Page 10 • eDEP Submittal Confirmation Page • $176.50 Town Fee • $232.50 Bylaw Fee • $10 Legal Ad Fee • Site plan, dated 02-12-2022 Cc: File Please call/email should you have any questions DOWN CAPE ENGINEERING, INC. 939 MAIN ST, SUITE C YARMOUTHPORT, MA 02675 PHONE: 508-362-4541 X100 FAX: 508-362-9880 E-MAIL: ansley�a downcape.com DEPARTMENT OF CONSERVATION P i 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. S ari ��%catic:rt: VDoes 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). VA 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, JBVW delineation sheets or other supporting information. 1 original and 7 copies of the plan, folded separately, right side out with title visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. A 100' radius map, current abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor's office. The Assessor's office requires 7 days advance notice. A pdf copy of signed application, supporting information, and plan emailed to kgrant(c,yarmouth.ma.us. V Please list project property's street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. v 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(jj�yarmouth.ma.us. Waterways jurisdiction —Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Yarmouth Conservation Commission • 1146 Route 28 •South Yarmouth, MA 026644492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 1 of 2 V State filing fee: separate check, Refer to Wetland Fee Transmittal Form 1' By-law filing fee: separate check made payable to "Town of Yarmouth" _Legal ad fee: separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. V 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 - NOI - 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 NO[ form) shall be sent to: U Dept. of Environmental Protection Box 4062 Boston, MA 02211 Other Comments: • Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. • If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files for the property address online: Go to www.yarmouth.ma.us and click on: - Yarmouth Online Town Services - Town Record Search with Weblink Browse Our Parcel Related Documents - First letter of street name to open file - Street name - Property address - Conservation Click on the folder you want to view Yarmouth Conservation Commission • 1146 Route 28 •South YaiYnouth, 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 9 U 3M irt i i i;v Let 4 1 Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1343243 Document: WPA Form 3 - NOI Size of File Status of Transaction Date and Time Created 247.13 K In Process 2/23/2022:9:05:00 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. G 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. General Information 1. Project Location: a. Sheet Address b. CityfTown d. Latitude f. Map/Plat # 2: Applicant: Individual r" Organization a. FustName c. Organization ..Mailing Address e. City/Town h. Phone Number 3.Property Owner: I more than one owner a. First Name cI Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: 369 GREAT ISLAND ROAD YARMOUTH Provided by MaSSDEP: MassDEP File #: eDEP Transaction #:1343243 ciry/Town:YARMOUTH c. Zip NINO b.Last Name 1995 PAMELA MICOZZI REV TR 159 CAMBRIDGE STREET ALLSTON f. State MA i. Fax NINO b. Last Name 1995 PAMELA MICOZZI REV TR 159 CAMBRIDGE STREET ALLSTON (state MA i. Fax a. First Name DANIEL A. b. Last Name c. Organization DOWN CAPE ENGINEERING, INC. d. Mailing Address 939 ROUTE 6A e. Cityffown YARMOUTHPORT f. State MA h.PlroneNumber 508-362-4541 i.Fax 508-362-9880 OJALA 02673 70.14224W 1 MICOZZI g. Zip Code j. Email MICOZZI g. Zip Code j.Email 02134 02134 g. Zip Code 02675 j.Email downcape@dowmcape.com S.Total WPA Fee Paid (Automatically inserted from NOT Wetland Fee Transmittal Foim): a.Total Fee Paid 328.00 b.State Fee Paid 151.50 c.CityfTown Fee Paid 176.50 6.General Project Description: REMOVE 1 16' X 6' FLOAT, ADD (2) 16.5' X 6' FLOATS, REMOVE AND RE -LOCATE (2) 10" PILINGS; PERMIT AND MAINTAIN EXISTING PIER AND RAMP 7aProject•Type: 1. T°" Single Family Home 2, r Residential Subdivision 76.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page 1 of 7 *ELECTRONIC COPY v 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 GMR lo.s3 (inland)? Provided by MassDEP: MassDEP File #: eDEP Transaction #:1343243 City/fown:YARMOUTH 1. Yes 1✓ No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: BARNSTABLE 182797 B. Suffer Zone & Resource Area Impacts (temporary & permanent) .BufferZone & Resource Area Impacts (temporary & permanent): d.Page: This is a Buffer Zone only project - Checic if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. .Inland Resource Areas: (See 310 CMR 10.54-10.58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area a.l" Bank'. b.l�` Bordering Vegetated Wetland ca" Land under Waterbodies and Waterways d.T" Bordering Land Subject to Flooding e: � Isolated Land Subject to Flooding £ i=' Riverfiont Area Area (check one) 2. Width of Riverfront Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 1. square feet 1: Square feet 3. cubic yards dredged 1. square feet 3. cubic feet of flood storage lost 1: square feet 2:linear feet 2. square feet 2: square feet 2. square feet 4. cubic feet replaced 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name of Waterway (if any) 25 ft. - Designated Densely Developed Areas only I " 100 ft. - New agricultural projects only i 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. Page 2 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 Provided by MassDEP: MassDEP File #: eDEP Transaction #:1343243 Citylfown:YARMOUTH 5. Has an alternatives analysis been done and is it attached to this NOI? 6. Was the lot where the activity is proposed created prior to August 1, 1996? 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a i DesignatedPort as Indicate size under Land under the ocean below, b. rv' Land Under the Ocean 1.1 1. square feet 2. cubic yards dredged c.r-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.r Coastal Dunes 1. square feet 2. cubic yards dune nourishment £1" Coastal Banks 1. linear feet g.r Rocky Intertidal Shores 1. square feet i r' Salt Mashes 1. square feet 2, sq ft restoration, rehab, crea. i lr Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. r Land Containing Shellfish 1.1 1. square feet k. r.FishRuns Indicate size under Coastal Banks, InlandBank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged IW.. Land Subject to Coastal 99 Storm Flowage 1. square feet ,Restoration/Enhancement I' 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 ofBVW StProjects Involves Stream Crossings F Project Involves Streams Crossings b. square feet of Salt Marsh Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1343243 WPA Form 3 - Notice of Intent City/Town:YARMOU H Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number ofnew stream crossings 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 I✓ No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborougb, MA 01581 b. Date of map:AUGUST 2021 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2.l" 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 proposedtree/vegetation clearing line, and clearly demarcated limits of work ** a.� Project description (including description of impacts outside of wetland resource area & buffer zone) b. r Photographs representative of the site c• r MESA filing fee (fee information available at: b"://www.mass. ovg /eea/agencies/dfg/dfw/natural-heritage/reaulatory- review/mass-endangered-species-act-mesa/mesa-fee-schedule.htnil ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address L?rojects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site .r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following l.lm` Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See321 CMR 10.14, 2.f" Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1343243 WPA Form 3 - Notice of Intent Ciry/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3.1 Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review... 2. For coastal projects only, is any portion of the proposed project located below the mean lugh waterline or in a fish run? a. r Not applicable - project is in inland resource area only b. 1✓ Yes r 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 MaihieFisheries - 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 - North Shore Office Atin: 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)? If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEocations). IiTote: electronic filers click on Website. b. ACEC Name 4. Ls 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 a. 1" Yes rvo No 5. Is L.c.131 any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G., § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? a. r. Yes �' No 6. Ls this ject subject to provisions of the MassDEP 5tormwater Management Standards? pro a. h' Yes, Attach a'copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR I0.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook r' Vol.2, Chapter 3) 2. A portion of the site constitutes redevelopment r 3. Proprietary BMPs are included in the Stormwater Management System 1= b. PF No, Explain why the project is exempt: Vo Single Family Home Page 5 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 Provided by MassDEP: MassDEP File #: eD T Transaction #:1343243 City/Town:YARMOIJTH 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 i= 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 1v _ 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 ++ [BV W] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3.. Identify the method for BV W and other resource area boundary delineations (MassDEP BV W 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. i✓ a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN TO PERMIT AND ANIEL A. OJALA, MAINTAIN DJanuary 22, 2022 MODIFIED PIER, PE, PLS RAMP AND FLOATS here is more than one property owner, please a Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. Attach NOI Wetland Fee Transmittal Form, Attach Stormwater Report, if needed. Page 6 of 7 *ELECTRONIC COPY Protection eDEp Transaction ResourceBureau of Protection _ Wetlandstt WPA Form - OW Ofluatleflq protectionMassachusetts Wetlands ' 'l E. Fees t6 count or district of the Commonwealth, federally recognized Indian Fee Exempt: No filing fee shall he assessed for projects of any oily, town, Y, tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. firm fee payment: Applicants must submit the following information (in addition to pages 3 y 5��i z fi 73 L4 > 2. Municipal Check Number d. Stela Check Ntunbsr 6. Paysr name an check: Firut Name 1 and 2 of the NOi Wetland Fee Transmittal Form) to con ZZ � ��2 3. Check date 5. Cfieck date p V 7. Paysr name on check: Lest Name F. ���Yt$dlk°e5 SfiA6�4 �� t' lt�t$C�al$ ��QD$pe�eB¢§ lens, documents, end supporting data are tree i hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanyingp and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). 40. be made b Certificate of Mailing or in writing by hand delivery or certified mail (retum receipt requested) to all abutters within l00 feet 1 further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § Notice mustY of the property line of the project location. / I. Sigaatrire ol'Applicant 3. Signature of Property S�S gna[tue of RcPrc'cutntirva 2. Date q. pate lc 6. Date 7hN O� Dc 1 �br COiig�Pv8ti081 COmtttlaS101t: Two copies of the completed Notice of Inteat (Form 3), including supporting plans and documents, mo copies of the NOI Wetland Fee Transmittal Fong, and the Lne ccitY/tows fee payment, to the Conservation Commission by certified mail or hand delivery• For IV[assDEP: of the completed Notice of Intent (Form 3}, including suppormg Plans and documents, one copy of the NOI Wetland Fee Transmittal Farm, Om copy certified mail or hand delivery - and a cOPY of the state fee payment to Inc MUSSDEP Regional Office (see Instructions) by others If the applicant has checked the "yes" box in Seuion C, Items 1-3, 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 Transaction #: 1343243 Form City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. Fast Name c. Organization d. Mailing Address e. City/Town h. Phone Number 2.Property Owner:(if different) a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3. ProjectLocation a. Street Address NINO b.Last Name MICOZZI 1995 PAMELA MICOZZI REV TR 159 CAMBRIDGE STREET ALLSTON f. State MA g. Zip Code 02134 i. Fax j. Email NINO b. Last Name MICOZZI 1995 PAMELA MICOZZI REV TR 159 CAMBRIDGE STREET ALLSTON f.State MA g. Zip Code 02134 i. Fax j.Email 369 GREAT ISLAND ROAD b. City/Town YARMOUTH Are you exempted from((OU HAVE SELECTED `NO') Note: Fee will be exempted if you are one of the following: • Ciry/I'bwn/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 Ache Activity Fee RF Multiplier Sub Total Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 82 4.00 328.00 DIKES, ETC. (COASTAL OR INLAND). City/Town shine of filling fee State share of filing fee Total Project Fee $176.50 $151.50 $328.00 Page 1 of 1 *ELECTRONIC COPY NOTICE OF INTENT 369 Great Island Road West Yarmouth PROJECT NARRATIVE FOR PROPOSED MODIFICATIONS TO A PIER, RAMP AND FLOATS SYSTEM Introduction The site consists of an existing dwelling, with wood walkway/pier/ ramp and pile -attached float and additional piles. The tidal waterway is Sweetheart Creek, a man-made lagoon which was dredged in previous years. 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 Salt Marsh, Land Containing Shellfish and Land Under Ocean. A shellfish report performed by BSC last fall is included as part of the filing. Proposed work includes: adding (1) 10" piling, re -locate as necessary 3 current pilings, remove existing float, add 2 new floats (max. 200 sf), angle ramp to floats to attain 3' of water at MLW . An Order of Conditions issued in 1977, approving a pier for this site. A Ch 91 License issued (#2312) through the state in 1991. The current permanent portion of the pier, as best as can be ascertained, is within 10' of the licensed location. Over the years, the configuration changed such that instead of the ramp and float extending outward, they are now rotated 90 degrees which has allowed for better traffic flow within the creek. Sometime in the past, two piles were added, as well as another float (which has been removed). The current 90 degree configuration, based on the license plan, does not extend as far into the creek as what was originally permitted. 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 at time of next maintenance. 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 and proposed additional float. 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 salt marsh under the current pier. At time of next maintenance, the pier shall come into conformance with local and state regulations, to include raising the pier elevation such that the stringers will be a minimum 4' above the marsh grade. A set of steps (no risers) will be constructed opposite the existing steps to allow for public 'long shore passage. -1- 310 CMR 90.34 Land Containing Shellfish At 90.25 Land Under Ocean The pier crosses 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 angling of the ramp and floats. 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. 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 17 quahogs were found. The DEP does not map the area as having eel grass beds. With only 3.3 sf of bottom area impacted, impacts to shellfish and their habitat will be insignificant. At time of next maintenance the walkway shall be brought up to current regulations (4' over salt marsh, 3/" deck spacing). 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- V(S,. [� U.S. OEU.SS,GOE000AL SURVEY 0.100. rYrrN,•iMyI �Y ry�e?Y��/���W.�rru��.NM�ir Gwk{kYsv.ry N�julw�p'v'iw � v� �rt ►:: GS Topo ago �00 DE111115 QUADRAIIDLE vuuCUVI ESSsIE.0Wlm vsvmurc SEMES scucs DENNIS, MA 1011 •N.IIU' DE111115 QUADRAIIDLE vuuCUVI ESSsIE.0Wlm vsvmurc SEMES scucs DENNIS, MA 1011 •N.IIU' 7/ 1/ / CHACE ARNOLD B JR TRS GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 10/ 1/ / / CHACE ARNOLD B JR TRS GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 14/ 12l I l THIRTY CHANNEL POINT LLC 52 WILLIAMS RD SHARON , MA 02067 BRINKMANN STEPHEN BRINKMANN ALISON FALL 17 CLARK LN ESSEX , CT 06426 14/ 1/ l / MICOZZI MANAGEMENT INC TR C/O1995 PAMELA MICOZZI REV TRUST 159 CAMBRIDGE ST ALLSTON , MA 02134 14/ 138/ I l THE 362 GREAT ISLAND RD LLC 28211 NE 140TH PLACE DUVALL , WA 98019-8147 141 139/ / / SIMONELLI JOSEPH E TR THE SIMONELLI REALTY TRUST 753 THOMPSON RD THOMPSON , CT 06722 141 11/ l / JAYASHANKAR RAJ SUBRAMANIAN NIRUPAMA 615 CHESTNUT HILL AVE BROOKLINE , MA 02445 141 7l I l 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: 3 39 Great Island Rd., West Yarmouth, MA 02673 Assessors Map 14, Lot 1 Andy Mhado, Director of Assessing February 8, 2022 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: t\' A. The name of the applicant is I V I n o 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 (oq (n reof S `ci n d a rmovPi D. Proposed work is I liil l0 Ve �-- l0 X (0 I C'Cf.t C) ('CC Z (0 x �e i'1'10 V>✓ C{ f' r� I o CCl i-e (i 01 p il i n cl Cl n cLnas ►q t1 l` e x (s ti lq q-Pi tr CLAI d rCL,rn, P 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 �jo8 - 3co Z— L4 S41 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 -DCW A CCl� GAVL I iULVA V\Lq i I'A C, . Address q 3C1 Qd U+( U P� Town CIYn'lU V� A State NI Telephone 506- 3c& 2,'4 54( 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. Shellfish Sttivey 1.369 Great Island Road Yari�zouth, Massachusetts SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On November 10, 2021, Paul Mancuso and Conor 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 369 Great Island Road, Yarmouth, MA (the Site). 2.0 SITE DESCRIPTION Sweetheart 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 369 Great Island Road i ms 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 Under the Ocean • Land Containing Shellfish • Salt Marsh • Coastal Bank Land Subject to Coastal Storm Flowage (LSCSF) 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean Highwater (MHW) to below Mean Low Water (MLW). The weather during the survey 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 446ot 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 between plots), were conducted as follows: Transect 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 seaward 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 e � b, 369 Greai'Island s Rd, West Yarn��uth_.. a , R, e Shellfish Survey 369 Great Island Road Yar`nouth, Massachusetts The table below identifies the shellfish discovered within the plots along the 7 Trausect30 Table 1—Shellfish Invento Plot — Description Shellfish Substrate and Other Observations Transect I — 36' Northeast of Existing Pier MHW Ribbed mussels Salt marsh — S artina alterniflora 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterniflora 42' seaward of MHW 0 Sand w/ peat chucks 56' seaward of MHW 1 cherrystone, 1 chowder Sandy muck 70' seaward of MHW 1 littleneck Muck 84' seaward of MHW 0 Muck Transect 2 — 24' Northeast of Existing Pier MHW Ribbed mussels Salt marsh — S artina alterni ora 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterniflora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterniflora 42' seaward of MHW 0 Sand w/ peat chucks 56' seaward of MHW 1 littleneck Sandy muck 70' seaward of MHW 0 Muck 84' seaward of MHW 1 chowder Muck Transect 3 —12' Northeast of Existing Pier MHW Ribbed mussels Salt marsh — S artina alterniflora 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 42' seaward of MHW 0 Sand w/ peat chucks 56' seaward of MHW 1 littleneck Sandy muck 70' seaward of MHW 0 Muck 84' seaward of MHW 0 Muck Transect 4 — Centerline of Existin Pier MHW Ribbed mussels Salt marsh — S artina alterni ora 14' seaward of MHW Ribbed mussels Salt marsh — Sartina alterniflora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 42' seaward of MHW 0 Sand w/ peat chucks 56' seaward of MHW 1 littleneck Sandy muck 70' seaward of MHW 1 cherrystone Muck 84' seaward of MHW 0 Muck 4 Transect 5 —12' Southwest of Existing Pier MHW Ribbed mussels Salt marsh —S artina alterniflora 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni flora 42' seaward of MHW 0 Sand w/ peat chucks 56' seaward of MHW 1 cherrystone Sandy muck 70' seaward of MHW 1 littleneck Muck 84' seaward of MHW 0 Muck Transect 6 — 24' Southwest of Existing Pier MHW Ribbed mussels Salt marsh — S artina alterni ora 3 Shel fish Sufvey 369 Great Island Road Yarmouth, Massachusetts 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 42' seaward of MHW 0 Sandy w/ peat chucks 56' seaward of MHW 0 Sandy muck 70' seaward of MHW 2 chowder Muck 84' seaward of MHW 1 cherrystone Mucky Transect 7 — 36' Southwest of Existing Pier MHW Ribbed mussels Salt marsh — S artina alterniflora 14' seaward of MHW Ribbed mussels Salt marsh — S artina alterni ora 28' seaward of MHW Ribbed mussels Salt marsh — S artina alterniflora 42' seaward of MHW 0 Sand w/ peat chucks 56' seaward of MHW 1 littleneck Sandy muck 70' seaward of MHW 1 littleneck, 1 cherrystone Muck 84' seaward of MHW 1 cherrystone 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 = 0 TOTAL NUMBER OF QUAHOGS =17 TOTAL NUMBER OF SOFT SHELL CLAMS = 0 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 tlnoughout the Salt Marsh located on Site. One live eastern oyster (Crassostrea virginica), and many other eastern oyster shells and Softshell clams (Mya arenaria) 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 could have minor impacts on Land Under the Ocean (shading), but overall it would be very limited impacts on shellfish due to the low _ population density. In addition, the existing structure and float don't appear to affect the population of shellfish and as such, a slightly larger float would not increase impacts. ■ Any proposed pile work could occur during the falllwinter/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. Shetyllsh Survey 369 Great Island Road Yarmouth, Massachusetts 5.0 SUMMARY BSC's shellfish survey identified the following: ■ 17 individual Quahogs (Mercenaria rnercenaria) 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 do not currently affect the shellfish population and as such, BSC feels the expanded float would have no affect to the population in this area. E iq ��➢�+3i is � � n � ., el .._ .. _ - _ - �y�� ��_ °v+ 4 il3 t` y - - If - _ s _vvvv IIrf 1 -Yt . -/..� - Vr -�T r� '. - i IL -- "f. EXTREME LOW WATER EXISTING MEAN LOW WATER N £XlSTING EXISTING STR t1 CTURIr LEW/9 MY -FROM U.g,C, a 0.9, CHA1 OENNI3 QllkO.S nor � SCALE IN FEET 0 �20 40 a, SWEET t OF 2 • ,�3 �Z PLANS ACCOMPANYING PETIT€ON O)' m+�d �y Deparimetit of En�l p LAWRiYNCE C. OCONNOR AND Mas;sC,ku HELEN M. dCONNOR rn r+MiQTMIL^7AMnIUAIKITAIAI DIC70 Amn ntbiriC r. 3/23/22, 12:59 PM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System My eDEP � Forms My Profileiiiy Help � Notifications [ Receipt Summary/Receipt MassDEP Home i Contact � Privacy Policy Username:DOWNCAPE Nickname: DCE DEP Forms Attach Files Signature Payment Re ®pt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1343243 Date and Time Submitted: 3/23/2022 12:59:27 PM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 369 GREAT ISLAND ROAD General Description: REMOVE 1 16' X 6' FLOAT, ADD (2) 16.5' X 6' FLOATS, REMOVE AND RE -LOCATE (2) 10" PILINGS; PERMIT AND MAINTAIN EXISTING PIER AND RAMP Applicant Information Name: NINO MICOZZI Company: 1995 PAMELA MICOZZI REV TR Address: 159 CAMBRIDGE STREET, ALLSTON, MA, 02134 Payment Information Your fee for the state share is $: 151.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 21-342 Micozzi site plan 2-12-22 Abutter Notification Letter Abutters List Project Narrative Shellfish Survey Report USGS Locus Map print receipt Exit My eDEP MassDEP Home � Contact i Privacy Policy MassDEP's Online Filing System ver.15.21.6.0© 2022 MassDEP https://edep.dep.mass.gov/eDEP/Pages/PrintReceipt.aspx 1/1