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HomeMy WebLinkAboutNOITRANSMITTAL DATE: 04/OS/2022 FROM: Ansley Druckenbrod Town of Yarmouth Conservation Commission Method of Delivery: Deliver 1111 Re: 21-280 Joselow 11 Prince Road, West Yarmouth Enclosed is the Notice of Intent filing for 11 Prince Road, West Yarmouth, including: • Yarmouth Checklist • WPA Form 3 — NOI • Project Narrative!, • USGS Locus Map • Abutters List • Abutter Notification Letter • eDep Submittal Confirmation • (8) Planting Plan, dated 03-23-2022 • (8) Site Plan, dated 03-23-2022 • $67.50 town fee, $100 by-law, $10 legal ad 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@downcape.com DEPARTMENT OF CONSERVATION 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 / art Q�p�ic;aiian: 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 ornal application with original signatures (double sided). V 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. VA 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. 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 kgrant(@yarmouth.ma.us. N L6 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 02664-4492 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 By-law filing fee: separate check made payable to "Town of Yarmouth" ST 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/Filinq=Forms JIf 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(omass.clov with a subject line showing "YARMOUTH - NOI - Street Address - Applicant Name" and copied to kclrant .yarmouth.ma.us. We WDust receive a copy of this email as proof that it has been sent to DEP. EP 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 Commission • 1146 Route 28 •South Yai7nonth, 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 warms 'in Lei 4• • • 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: 1357620 Document: WPA Form 3 - NOI Size of File: 24s.73K Status of Transaction: M Process Date and Time Created: 4�5�2022:11:33:01 Ann 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 #:1357620 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map/Plat # 2. Applicant: i�" Individual r Organization a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3.Property Owner: r more than one owner 11 PRINCE ROAD YARMOUTH 41064924N 29 c. Zip Code e. Longitude g.Parcel/Lot # PETER &ALICE C. b.Last Name 30 GLENN STREET -SUITE 203 WHITE PLAINS f State NY 212-736-2584 i.Fax JOSELOW 02673 70.26002W 97.1 g. Zip Code 10603 j. Email pjoselow@ajoselowpc.com a. First Name PETER &ALICE C. b. Last Name JOSELOW c. Organization d. Mailing Address 30 GLENN STREET - SUITE 203 e. City/Town WHITE PLAINS f.State NY g. Zip Code 10603 h. Phone Number 212-736-2584 i. Fax j.Email pjoselow@ajoselowpc.com 4.Representative: a. First Name DANIEL A. b. Last Name OJALA c. Organization DOWN CAPE ENGINEERING, INC. d. Mailing Address 939 ROUTE 6A e. City/Town YARMOU H PORT f State MA g. Zip Code 02675 h.Phone Number 508-3624541 i.Fax 508-362-9880 j.Email info@downcape.com S.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Forrn): a.Total Fee Paid 110.00 b.State Fee Paid 42.50 c.CitylTown Fee Paid 67.50 6.General Project Description: PROPOSED POOL AND PATIO AREAS WITH ASSOCIATED MITIGATION PLANTINGS. 7a.Project Type: 1. r' Single Family Home 3. r Limited Project Driveway Crossing .r Dock/Pier 7. r Coastal Engineering Structure .r Transportation 2. r Residential Subdivision 4. r CormnercialMdushial 6. r Utilities 8. r Agriculture (eg., cranberries, forestry) 10. r Other Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MasSDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1357620 WPA Form 3 - Notice of Intent City/rown:YARMOU H Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I. r Yes W No If yes, describe which limited project applies to this project: 2. Limited Project B.Property recorded at the Registry of Deeds for: a.County: BARNSTABLE b.Certificate: B. Buffer Zone &Resource Area c.Book: 11530 (temporary & pe d.Page: 127 f" 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) b. r` Bordering Vegetated Wetland d. f Bordering Land Subject to Flooding f. � Riverir•ont Area 2. Width of Riverfront Area (check one) 1. square feet 2. square feet 1. square feet 3. cubic feet of flood storage lost 2. square feet 4. cubic feet replaced ft. 1. Name of Waterway (if arty) 25 ft. -Designated Densely Developed Areas only 1 100 . - New agricultural projects only 1 200 ft. - All other projects 3. Total area of Riveriront Area on the site of the proposed project 4. Proposed Alteration of the Riverfiont 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 NOV square feet � Yes1-' No Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction 4:1357620 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yes r No 3.Coastal Resource Areas: (See 310 CMR 10.25-10.3D) Resource Area Size of Proposed Alteration Proposed Replacement (if any) aJ Designated Port Areas Indicate size under Land under the ocean below, b. r Land Under the Ocean 1. square feet 2. cubic yards dredged c.l— Barrier Beaches Indicate size under Coastal Beaches and/or'Coatstal Dunes, below d.ly Coastal Beaches 1. square feet e. F Coastal Dunes 1. square feet f.f ' Coastal Banks 1. linear feet g, l— Rocky Intertidal Shores 1. square feet h..r Salt Marshes j. i� Land Contauung Shellfish 2. cubic yards beach nourishment 1. square feet 2. sq ft restoration, rehab, crea. square feet I I� Land Subject to Coastal 615 Storm Flowage 1. square feet .Restoration/Enhancement r 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 13.31 above, please entered the additional amount here. a. square feet of BVW b. square feet of Salt Marsh D.Projects 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 VvrA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a. number of new steam crossings Provided by MassDEP: MassDEP File #: eDEP Transaction #:1357620 City/Town:YARMOUTH b. number of replacement stteam crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review Is itat any portion of the proposed project located in Estimated Habof 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)7 a. r Yes P No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division ofFisheries 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 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 2.1— Assessor's Map or right-of-way plan of site 3. f Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** a. l' Project description (including description of impacts outside of wetland resource area &buffer zone) bJ Photographs representative of the site c. r MESA filing fee (fee information available at: http•//www mass gov/eea/aeencies/dfgldfiv/natural-heritage/reeulatorv- review/mass-endangered-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 submit: d. i Vegetation cover type map of site e. r Proj ect plans showing Priority & Esthnated Habitat boundaries d. OR Check One of the following 1. C Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, hg://www.mass. gov/eea/agencies/df¢ldfw/laws-reeulations/cmr/321-cmr-1000-massachusetts-endaneered- pecies-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. f ' Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3. f 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 #:1357620 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Include copy of NIIESP "no Talce" determination or valid Conservation &Management Pemut with approved plan. * Some projects not in Estirnated 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. r 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 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 - North 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. r Yes ly No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC Name 4, Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in fire Massachusetts Stufacc Water Quality Standards, 314 CMR 4.00? a. 1` Yes rvl 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 Restriction Act (M.G.L.c. 130, § 105)? a. I-' Yes P/ No 6. Is this project subject to provisions of the MassDEP Stoimwater Management Standards? a. i- Yes, Attach a copy of the Stoimwater Report as required by the Stoimwater 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 Stoimwater Management Handbook r Vo1.2, Chapter 3) 2' A portion of the site constitutes redevelopment r 3' Proprietary BMPs are included in the Stoimwater Management System M- b,1✓ No, Explain why the project is exempt: 1' Single Family Home r 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 #:1357620 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4 single-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 nanutive description, if necessary) containing sufficient information for the 1y 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 ry [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 delhieations (MassDEP BVW Field Data Form(s). ry 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. l✓ a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 11 DOWN CAPE DANIEL A OJALA PE PLS 3-23-2022 PRINCE ROAD ENGINEERING 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. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. r 9. Attach Stormwater Report, if needed. r Page 6 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1357620 WPA Form 3 - Notice of Intent CitylTown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the LOmmonWealth, 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 I and 2 of the Not Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. Slate Check Number 6. Pnyer name on check: First Namc F. Signatures and Submittal Requirements 5. Check date Y'XVV1 7. Payer nnme on check: Last Name I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, attd 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 at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements oCM.G.L. c. 131, § 40. Notice mast be made by Certificate of Mailing or its writing by an delivery or certified snail (return receipt requested) to all abutters Within 100 feet of the property line of the project location. 3. Signelore of Property Owner(iCdi[ferent) Signature 5. of Representative (if any) 17i4N1��— A � OJ1iMJ'i� � 1� /� For Conservation Commission: 03-24-22 2. to 4. Dnte 6. Date Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, hvo copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to site Conservation Commission by certified mail or hand delivery. Fa• MassDEP: One copy of the completed Notice of Intent (Farm 3), including supporting plans and documents, one copy of the NOT Wetland Fee Transmittal Porm, and a cop)' of the state fee payment to the MassDEP Regional Office (see Instmctiotrs) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in Section C, Items l-3, above, refer to that section and site 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 #:1357620 City/Town:YARMOUTH Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name PETER & ALICE C. b.Last Name JOSELOW c. Organization d. Mailing Address 30 GLENN STREET - SUITE 203 e. City/Town WHITE PLAINS f. State NY g. Zip Code 10603 h. Phone Number 2127362584 i. Fax j. Email pjoselow@ajoselotivpc.com 2Yroperty Owner:(if different) a. Fist Name PETER & ALICE C. b. Last Name JOSELOW c. Organization d. Mailing Address 30 GLENN STREET - SUITE 203 e. City/Town WHITE PLAINS f.State NY g. Zip Code 10603 h. Phone Number 2127362584 i. Fax j.Email pjoselow@ajoselowpc.com 3. Project Location: a. Street Address 11 PRINCE ROAD b. City/Town YARMOUTH Are you exempted fiom Fee? t Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Mmucipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if flee fee is less than $100 B. Fees Activity Type Activity Number Activity Fee RF Multiplier Sub Total A.) WORK ON SINGLE FAMILY LOT; ADDITION, 1 110.00 110.00 POOL, ETC.; City/Town shale of filling fee State share of filing fee Total Project Fee $67.50 $42.50 $110.00 Page 1 of 1 *ELECTRONIC COPY NOTICE OF INTENT #1 I Prince Road, West Yarmouth PROJECT NARRATIVE The applicant is pleased to submit a Notice of Intent application to construct a pool and patio area on a developed single family property. The site is improved with a single family dwelling, shell driveways and a fence lawn area. This property is bordered on the East by Mill Creek and on the south by another single family residence. A Coastal Bank exists near the edge of the fenced lawn area and downslope is an expansive salt marsh. Various FEMA flood zones impact the property, the proposed pool is within the AE (El 11) flood zone. Mill Creek does not have riverine characteristics and is classified as an embayment in this area per the DEP mouth of coastal rivers mapping. All construction associated with the proposed pool and patio will take place within previously disturbed areas of the site. No clearing of vegetation is anticipated for this project. Mitigation plantings are proposed within the existing lawn area to offset the increase hardscape proposed. A planting plan has been prepared and is attached to this filing. The resource areas and their associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering Inc. A work limit line of staked silt fence backed by coir logs is proposed downgradient of all proposed work. All work limit lines shall remain in place until all construction is completed. No additional grading or fill is proposed as part of the construction activities. Site is not within Priority/Estimated Habitat of endangered species. Coastal Bank (310 CMR 10.30) A Coastal Bank exists at the top of slope below the 100 year flood zone. The Coastal Bank was delineated using DEP Policy 92-1. The OCR ability to control floodwaters will not be changed by any of the proposed work. Salt Marsh (310 CMR 10.32) The edge of the salt marsh was flagged by Brad Hall of BLH Environmental Consulting and located by Down Cape Engineering. The closest part of the proposed patio will be 55.0' to the edge of the salt marsh. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete, and the site is stabilized. The salt marsh will continue to act fully in its capacity to provide habitat and food sources for wildlife. Land Subject to Coastal Storm Flowage The site is affected by 100 year flood elevations (VE EI. 13) (AE EI. 13) (AE (EI. 11) and floodzone X (500 year flood elevation). No fill is proposed so construction activities will have no effect on the 100 year flood elevation. Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations: The proposed pool and patio will be located within existing lawn and landscaped areas. The closest point of the proposed patio to the Coastal Bank is 15.8. The closest point of the proposed patio to the Salt Marsh is 55.03 . The proposed construction activities will not have a deleterious effect upon any wetland values as listed in the Bylaw. A work limit line is proposed downgradient of all proposed construction. No adverse impacts are expected to the resource areas. A mitigation area of 1,600 s.f. is proposed to help offset the increase in hardscape of 740 s.f. within the 100' buffer to the Coastal Bank. This mitigation area will replace fertilized lawn within the 35' buffer to the Coastal Bank, Alternatives Analysis The owners have analyzed all possible locations for a pool at this property. The only other possible option for the pool location that meets required zoning setbacks is an area of the front yard directly adjacent the driveway and close to the street. This location is less than ideal for a variety of reasons and still falls within the 100' buffer to the Coastal Bank. It is felt that the current proposal with significant lawn removal and vegetation plantings directly adjacent to the coastal bank is a superior alternative from an environmental perspective. All the proposed work will take place within an existing lawn area constrained by an existing chain link fence. The proposed work will greatly improve conditions within this area by increasing the vegetated buffer to the Salt Marsh and along the top of the Coastal Bank and decreasing maintained lawn area. On behalf of our clients we hereby request a variance from the Yarmouth Wetland Protection Regulations foI proposed work to occur within 35' of a Resource Area. U.S. DEPARTMENT OF THE INTERIOR Typry,+yy HYANNIS QUADRANGLE U.S. GEOLOGICAL SURVEY 4a MASSACHUSETTS- BARNSTABLE COUNTY �Y US Togo 1.5-MJNUTE SERIES ,I�....I6l1fY .A]fOR anRu�uUs polaOcM Svrny rau�mNi.��w�a �.�sl�a•wsw rwrTM� r.n��sus nit :weir _w�rwo..waeft Usti low 01iiiii RIP BID tilif"i Asti DEC 9 Bog cl� �e.mn. m„ [�brwe Oi,.uw HYANNIS, MA 29/ 102.1/ / / ASTULFI CATHERINE TR CATHERINE J ASTULFI REV TR OF 20 237 N MAIN ST APT 328 SOUTH YARMOUTH , MA 02664 29/ 97.2/ / / MILLS MARILYN S PO BOX 724 FISKDALE , MA 01518 29/ 97.11 / / JOSELOW PETER JOSELOW ALICE C 38 SUNSET DR OSSINING , NY 10562 JOSELOW RITA 50 POPHAM RD - 2C SCARSDALE , NY 10583 GREEN HARBOR VILLAGE LTD CIO BRYAN TIMOTHY M 7 BROOK MEADOW CIR FRAMINGHAM , MA 01701 BAXTER AVM REALTY TRUST C/O JOSELOW RITA 50 POPHAM RD SCARSDALE , NY 10583 TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664 STONE DAVID R RICCIARDONE MARGUERITE M 58 PARKER RD WELLESLEY , MA 02482 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 11 Prince Rd., West Yarmouth, MA 02673 Assessors Map 29, Lot 97.1 Andy o, Director %J Assessing March 30, 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: L A. The name of the applicant is Pe I fw�r t A I I G e J OS e.1 o W 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 ` P r� V1 Clc� IZ OGl d . Uhl Gr r fYl oU Nn D. Proposedworkis proposed pool ond pcL+l o area Syy (In gSSociafe�d mi�HGafion p(an +, kAgS G NOTES 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. 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 numberT�O�j - 3 � 2 — �S �� 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 Person sending this notification (applicant, representative or other) Name Address �3 10 c Town \I61'Vli Uu� po✓+ State M � Zip D 2(07 5 Telephone 15ob-302-4GCfl • 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. 4/5/22, 12:20 PM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System MassDEP Home � Contact i Privacy Policy - �• � � 'otr�p Receipt /, {..� _ . .,w .;;. ,.. ...,,�,,. _ ;Y:... i _F' - i_.� ,, t .vm.�...,.. �v" ,..'r_ �� �. v�� r ,.> �u._.F� � � �.+.r4��° Forms Attach Files Signature Payment Re gpt Summary/Receipt print;�eceip� 'Exit 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: 1357620 Date and Time Submitted: 4/5/2022 12:20:00 PM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 11 PRINCE ROAD General Description: PROPOSED POOL AND PATIO AREAS WITH ASSOCIATED MITIGATION PLANTINGS. Applicant Information Name: PETER & ALICE C. JOSELOW Company Address: 30 GLENN STREET -SUITE 203, WHITE PLAINS, NY, 10603 Payment Information Your fee for the state share is $: 42.50 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 21-280 JOSELOW-planting plan 3-23-22 Joselow Abutters list &letter Joselow Project Narrative Site Plan USGS Locus Map My eDEP MassDEP Home i 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