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HomeMy WebLinkAboutNOI Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 21 Crest Circle, West Yarmouth Notice of Intent Application Proposed Raise and Replace of Single-family Dwelling Town of Yarmouth Conservation Commission March 2022 Prepared for: Robert and Debra Hovsepian 58 Robert Road Holliston, MA 01746 BSC Job #50492.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 MARCH 22, 2022 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Notice of Intent Application, Proposed Raze and Replace of Single-Family Dwelling, 21 Crest Circle, West Yarmouth, MA BSC Job #50492.00 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Robert and Debra Hovspian (the Applicant), for the property located at 21 Crest Circle, West Yarmouth, MA (the Site). The proposed project at the Site involves the raze and replacement of a single-family dwelling within the 200-foot Riverfront Area, LSCSF, and the 100-foot Buffer Zone to the Top of Coastal Bank and Salt Marsh. For more information, please refer to the attached Site Plans and attached narrative. Enclosed please find the Notice of Intent application and accompanying materials. If you have any questions or require additional information, please contact me our office at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Hannah Raddatz Wetland Scientist cc: Robert and Debra Hovsepian, 58 Robert Road, Holliston, MA 01746 Massachusetts DEP SERO, 20 Riverside Dr, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Yarmouth Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 FEMA Map 5 NHESP Priority & Estimated Habitat Map 6 Site Photographs 7 Abutter Information 8 Site Plans 9 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners’ packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Submitting an Application: 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. 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@yarmouth.ma.us. Please list project property’s street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. Submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. DEPARTMENT OF CONSERVATION x x x x x x n/a n/a Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 2 of 2 State filing fee: separate check, Refer to Wetland Fee Transmittal Form 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. 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 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 x x x n/a x x wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 21 Crest Circle a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.647704 d. Latitude -70.250708 e. Longitude 30 f. Assessors Map/Plat Number 4 g. Parcel /Lot Number 2. Applicant: Robert and Debra a. First Name Hovsepian b. Last Name c. Organization 58 Robert Road d. Street Address Holliston e. City/Town MA f. State 01746 g. Zip Code h. Phone Number i. Fax Number dbhovsepian@comcast.net j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $750.00 a. Total Fee Paid $362.50 b. State Fee Paid $387.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: Proposed raze and replacement of an existing single-family dwelling 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 25052 c. Book 295 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area Unnamed Perennial Stream 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 11,491 square feet 4. Proposed alteration of the Riverfront Area: 2,003 a. total square feet 2,001 b. square feet within 100 ft. 2 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Mass Mapper 03/22 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan of Land a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 3/3/2022 d. Final Revision Date 1" - 10' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2330 2. Municipal Check Number 3/6/2022 3. Check date 2329 4. State Check Number 3/6/2022 5. Check date Debra L and Robert B 6. Payor name on check: First Name Hovsepian 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 21 Crest Circle a. Street Address West Yarmouth b. City/Town 2329 c. Check number $362.50 d. Fee amount 2. Applicant Mailing Address: Robert and Debra a. First Name Hovsepian b. Last Name c. Organization 58 Robert Road d. Mailing Address Holliston e. City/Town MA f. State 01746 g. Zip Code h. Phone Number i. Fax Number dbhovsepian@comcast.net j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 2(a) - Raze and Replace of Single-family Dwelling 1 $500.00 $500.00 RFA multiplier (x1.5) $750.00 (1.5x500) YAR Bylaw fee: $200.00 Ad Fee: $10.00 Step 5/Total Project Fee: $750.00 Step 6/Fee Payments: Total Project Fee: $750.00 a. Total Fee from Step 5 State share of filing Fee: $362.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $387.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 21 Crest Circle West Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 21 Crest Circle Street in West Yarmouth, MA (the Site) consists of the permitting of the raze and replacement of a single-family dwelling along with associated site work (the Project). This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 21 Crest Circle in West Yarmouth, is bordered by private residences to the east, south, and west, and by salt marsh and an unnamed perennial stream which flows towards Lewis Bay to the north. The lot is currently developed with a single-family residential dwelling. The jurisdictional wetland resource areas that are protected under the Yarmouth Bylaw and the WPA include; • Riverfront Area (Unnamed Perennial Stream) • Salt Marsh • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Floodzone AE (elevation 11) • Coastal Bank 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Proposed Raze and Replacement of Single-family Dwelling: The proposed project at the site consists of the raze and replacement of an existing single-family dwelling. The existing single-family dwelling is located within LSCSF, the Buffer Zone to Coastal Bank and Salt Marsh, and within the 200-foot RFA of an unnamed perennial stream. The existing septic tank will be pumped, filled with sand, crushed, and abandoned in place, following the standard practices for retiring a septic system. The replacement Title V septic system will be installed in the southeastern most corner of the site, as far away from the jurisdictional resource areas as possible, while also observing zoning restrictions. Impacts to the 0-50-foot Buffer Zone to Salt Marsh will be reduced by 413 square feet over the existing Site conditions. Impacts to the Coastal Bank will be reduced by 57 square feet. Impacts to the 100-foot Buffer Zone to Coastal Bank will involve 758 square feet of the proposed deck and a portion of the single-family dwelling. Impacts to the 50-100-foot Buffer Zone to Salt Marsh will include 1,025 sf of the proposed deck and a portion of the single-family dwelling. There will be no new impacts to the 0-100-foot RFA when compared to the existing site conditions. 600 sf of additional mitigation plantings within the 0-100-foot Buffer Zone to RFA, Coastal Bank, and 0-50-foot Buffer Zone to Salt Marsh will be added to improve the natural vegetated buffer between the dwelling and the jurisdictional resource areas. BSC is requesting a variance based on the following project guidelines and impacts associated with the proposed activities: "Town of Yarmouth Wetland Protection Regulations, PART 4. VARIANCE, 4.01 Text, (1) The Conservation Commission may at its discretion, waive one or more of these regulations when the proposed work . . . will not adversely affect any areas subject to the protection of these regulations. In addition, the Conservation Commission may, at its discretion, waive one or more of these regulations when there is an overriding public benefit or safety issue at hand and there is no feasible alternative to the proposed work." Nearly the entire Coastal Bank and a significant portion of the 0-50-foot Buffer Zone to Salt Marsh has been planted with native vegetation and an additional 600 sf will be added, which will provide a significant environmental betterment as the site was previously largely free of vegetation, apart from a few Pitch Pine trees. The portions of the 100-foot Buffer Zone to Salt Marsh and Coastal Bank, as well the 200-foot RFA is currently developed with structures and maintained lawn/open space, therefore no impacts to undisturbed areas resource areas located on the Site are proposed as a part of these activities. The proposed project was designed to have the minimal impact on jurisdictional resource areas and their associated buffer zones. As such, no adverse impacts to the aforementioned resource areas and their associated buffer zones are anticipated as a result of this work. Notice of Intent 21 Crest Circle Street West Yarmouth, MA 4.0 ALTERNATIVE ANALYSIS No Build Alternative: In this alternative, the proposed project would not occur. This would not be in the interest of the applicant and would not be in the interests of the WPA/Yarmouth Bylaw, as this would mean that no additional native plantings would be planted between the site and the jurisdictional resource areas and the current impacts to resource areas from the existing structures would remain. This plan would not benefit the applicant or the WPA/ Yarmouth Bylaw, and therefore is not being proposed. Larger/Similar Impact Alternative: In this alternative, the proposed work would have a greater impact within the 100-foot Buffer Zone to Coastal Bank and the RFA, such as expanding the footprint of proposed dwelling or maintaining the current location of the single-family dwelling and deck. This would not be in the interest of the WPA/the Yarmouth Bylaw because it would add more impervious area to these jurisdictional resource areas or not reduce the impacts to these resource areas, as the proposed plan does. For this reason, this alternative is not proposed. Proposed Scenario: The proposed scenario has been designed to limit the impacts on the jurisdictional resource area and their associated buffer zones to the greatest extent practicable. Structures have been moved as far away from resource areas and their associated buffer zones as possible and a significant amount of native plantings will be added to the site, which will provide a significant betterment to the buffer area located between the site and the Coastal Bank/Salt Marsh/Bank of the unnamed perennial stream. For this reason, this alternative is being proposed. 5.0 MITIGATION Erosion controls will be installed at the limit of work and will be maintained in working conditions until the site is fully stabilized. Ground disturbance within the Buffer Zone to Coastal Bank and Riverfront Area will be limited to the greatest extent practicable and any areas where soils are disturbed will be returned to original grade following the completion of work activities. All construction materials will be staged upland 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. A mitigation planting area will be established on the site within the 0-50-foot Buffer Zone to Salt Marsh, Coastal Bank, the 0-35-foot Buffer Zone to Coastal Bank, and the 0-100-foot RFA. For more information on this planting plan, please refer to the attached plans. Copyright:© 2013 National Geographic Society, i-cubed 70°14'0"W 70°14'0"W 70°15'0"W 70°15'0"W 70°16'0"W 70°16'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: \\bscbos\yar\Projects-YAR\5049200\Environmental\GIS\Output\Maps\MXD\ReportMaps\LOCUS_Map_21CrestCir.mxdDate Saved: 3/3/2022 2:16:52 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed21 CREST CIRCLEWEST YARMOUTH, M AUSGS Site Locu s M ap(pa ge size: 8.5 X 11) 1 inch = 2 ,5 00 fe et 0 1,250 2,500 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 3/3/2022 at 2:10 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°15'21"W 41°39'5"N 70°14'44"W 41°38'38"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 kjkj kj 70°15'0"W 70°15'0"W THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:21 CREST CIRCLEWEST YARMOUTH, MA NHESP Map USGS 2008-2009 NHESP 2017 ESRI World Imagery ESRI World Topo±1:3 ,00 0 0 130 260 Feet 1 inch = 250 feet Legend NHESP Priority Habitats of Rare Species NHESP Estim ated Habitats of Rare Wildlife kj Certified Ver nal Pools kj Potential Vernal Pools Site Locus Date Saved: 3/3/2022 2:21:47 PMDocument Path: \\bscbos\yar\Projects-YAR\5049200\Environmental\GIS\Output\Maps\MXD\ReportMaps\NHESP_Map_21CrestCir.mxd Photo 1: View existing single-family dwelling at 21 Crest Circle. Looking north Photo 2: View planting area south of the salt marsh and unnamed perennial stream from the backyard. Looking north Site Photographs March 2022 21 Crest Circle St West Yarmouth, MA Page 1 Photo 3: View planting area south of the salt marsh and unnamed perennial stream from the backyard. Looking northeast Photo 4: View planting area south of the salt marsh and unnamed perennial stream from the backyard. Looking east. Site Photographs March 2022 21 Crest Circle St West Yarmouth, MA Page 2 22/ 60/ / / COFFEY SARAH E TR THE DENNIS & DONNA IRREV TRUST 29 CREST CIR , WEST YARMOUTH , MA 02673 30/ 3/ / / GIBBONS PHILIPS J 19 HUDSON DR HYDE PARK , NY 12538-2014 30/ 4/ / / HOVSEPIAN ROBERT B HOVSEPIAN DEBRA L 58 ROBERT RD HOLLISTON , MA 01746 30/ 5/ / / CRESTVALLEY DEVELOPMENT LLC 63 PROSPECT ST MELROSE , MA 02176 30/ 6/ / / WILLET ELLEN L TRS ELLEN L WILLETT TRUST AGREEMENT 15 CREST CIR WEST YARMOUTH , MA 02673 30/ 9/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 30/ 96/ / / QUELL META 8 JOANNE COURT WEST SAND LAKE , NY 12196 30/ 97/ / / SEAWARD KENDRA A & JOHN W TRS THE BRADFORD & MARY LOU SEAWARD 233 QUASSETT RD POMFRET CENTER , CT 06259-1120 30/ 112/ / / WEIDHAAS OLAF H & DEBORAH A TRS THE WEIDHAAS FAMILY LIVINF TRUST 79 WEBSTER RD WEST YARMOUTH , MA 02673 30/ 113/ / / CALLAHAN JOSEPH DACEY MARY ELLEN 234 BAILEY ST CANTON , MA 02021 22/ 48/ / / NAHILL KATHRYN M 152 BROAD MEADOW RD NEEDHAM , MA 02492 22/ 47/ / / LAGUE SUSAN E C/O SUSAN E COLGAN 24 CREST CIRCLE WEST YARMOUTH , MA 02673 30/ 2/ / / SUNDERLAND CHARLES W (EST OF) C/O PILLING KATHERINE L 92 OLD CHARTER RD MARLBOROUGH , MA 01752 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 ___Robert and Debra Hovsepian_________________________ 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 __21 Crest Circle, West Yarmouth_ D. Proposed work is _the raze and replace of an existing single family dwelling. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _________________________________ Or Applicant’s representatives phone number _508-778-8919__________________ 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 _Hannah Raddatz, BSC Group, Inc_______________ Address _349 Route 28, Unit D_______________________ Town _West Yarmouth_____ State _MA__ Zip _02673____ Telephone _508-778-8919____________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application.