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HomeMy WebLinkAboutNOITRANSMITTAL DATE: OS/02/2022 FROM: Ansley Druckenbrod Town of Yarmouth Conservation Commission Method of Delivery: Deliver Enclosed is the Notice of Intent filing for • Town of Yarmouth NOI Checklist • WPA Form 3 - NOI • Project Narrative • Abutters List • Abutter Notification Letter • USGS Locus Map • $10 legal ad fee • $100 by-law fee • $122.50 town fee 14 Whale Road, West Yarmouth 14 Whale Road, West Yarmouth, including: • Site Plan of 14 Whale Road, West Yarmouth, dated 04-28-2022. 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@downcape.com DEPARTMENT OF CONSERVATION _•.�_•�.�.� r. _c1.rr_�___c_r 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 a.�c Clp��ic:afian: � 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. t/ 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. 1� 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(c�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 Yai7nouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page I 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" y/ 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 V 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(a�mass.gov with a subject line showing "YARMOUTH - NOI -Street Address -Applicant Name" and copied to kgrant(a�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 Yarmouth Conservation Commission • 1146 Route 28 •South Yai7nouth, 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 eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username Transaction ID Document: 1305030 WPA Form 3 - NOI Size of File: 248.54K Status of Transaction: In Process Date and Time Created: 5�2�2022:8:39:34 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1305030 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. Sheet Address b. City/Town d. Latitude f. Map/Plat # 2. Applicant: 1� Individual 1� Organization 14 WHALE ROAD YARMOUTH 41663246N 14 c. Zip Code e. Longitude g.Parcel/Lot # 02673 70.23586W 129 a. First Name THEODORE JOSEPH & SUSAN O. b.Last Name WOJNAR c. Organization WOJNAR MANAGEMENT TRUST d. Mailing Address 2300 WOLF STREET UNIT 5A e. City/Town DAL.L,AS f. State TX g. Zip Code 75201 h. Phone Number 713-2994921 i. Fax j. Email tjwojnar@swbell.net 3.Property Owner: r more than one owner a. First Name THEODORE JOSEPH & SUSAN O. b. Last Name WOJNAR c. Organization WOJNAR MANAGEMENT TRUST d. Mailing Address 2300 WOLF STREET UNIT 5A e. City/Town DALLAS f.State TX g. Zip Code 75201 h. Phone Number 713-299-4921 i. Fax j.Email tjwojnar@swbell.net 4.Representative: a. First Name c. Organization d. Mailing Address e. City/Town hThone Number DANIEL A. b. Last Name DOWN CAPE ENGINEERING, INC. 939 ROUTE 6A YARMOUTH PORT f. State MA 508-362-4541 i.Fax 508-362-9880 C6II/:\r/:l g. Zip Code 02675 j.Email info@downcape.com S.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 220.00 b.State Fee Paid 97.50 c.City/Town Fee Paid 122.50 6.General Project Description: REDEVELOPMENT OF EXISTING RESIDENTIAL PROPERTY INCLUDING NEW DECK, STAIRS, WALKWAY, AND DRIVEWAY FOOTPRINTS. 7a.Project Type: 1.1✓ Single Family Home 2. l— Residential Subdivision 3.1"' Limited Project Driveway Crossing 4. r CommerciaUlndushial 5. r Dock/Pier 6. 1 Utilities 7. r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9.1" Transportation 10. F Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to'310 CMR 10.24(coastal) or 310 Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1305030 WPA Form 3 - Notice of Intent City/Town:YARMOL TH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'MR 10.53 (inland)? r Yes No If yes, describe which limited project applies to this project: 2. Lunited Project .Property recorded at the Registry of Deeds for: a.County: BARNSTABLE b.Certificate: 218858 B. Buffer Zone &Resource Area c.Book: d.Page: 1-" 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. CJ Bordering Vegetated Wetland d. � Bordering Land Subject to Flooding £ r Riverfiont Area 2. Width of Riverfiont Area (check one) 1. square feet 2. square feet 1, square feet cubic feet of flood storage lost 2. square feet 4. cubic feet replaced fie we 1. Name of Waterway (if airy) 25 ft. -Designated Densely Developed Areas only Im 100 . New agricultural projects only ft 1 200 . - All other projects 3. Total area of Riverfiont Area on the site of the proposed project square feet 4. Proposed Alteration of the Riverfiont Area: a. total square feet be square feet within 100 ft. c. square feet between 100 ft. and 200 ft. Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDBP Transaction #:1305030 "A Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOV r Yes r' No 6. Was the lot where the activity is proposed created prior to August 1, 1996? rYesrNo 3.Coastal Resource Areas: (See 310 CMR 10.25-10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. r 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.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.l�` Coastal Dunes 9 1. square feet 2. cubic yards dune nourishment £ r Coastal Banks 1. linear feet g. r Rocky Intertidal Shores 1. square feet h. r Salt Marshes j. r Land Contaiiung Shellfish square feet 2. s q ft restoration, rehab, crea. square feet 1% Land Subject to Coastal 4107 Storm Flowage 1. square feet 4.Restoration/Enhancement r Restoration/Replacement If the project is for the propose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet of BV W Project Involves Streams S.Projects Involves Stream Crossings r Crossings b. square feet of Salt Marsh Page 3 of 7 *ELECTRONIC COPY u Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1305030 WPA Form 3 - Notice of Intent City/Town:YARMOUTH 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 of new sheam crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 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)7 a. r Yes r No Tf yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date ofmap: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. r Assessors Map or right-of-way plan of site 3. n 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. r Project description (including description of impacts outside of wetland resource area & buffer zone) b. r Photographs representative of the site a r MESA filing fee (fee information available at: hgp•//www mass.gov/eea/agencies/dfe/dfw/naturallgd!gge/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. r Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r Proj ect is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, hqp•//www mass g_ov/eea/agencies/dfg/dfw/laws-regulations/cmr/321�mr-1000-massachusetts-endangered- species-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. r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1305030 VWPA Form 3 - Notice of Intent City/rown: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 maybe located in Priority Habitat, and require NHESP review... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run? a. r Not applicable - project is in inland resource area only b. I" Yes ro, Mn 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 Hampshhe: Division of Marine Fisheries - North Shore Office Attu: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns hh die Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes 1✓ 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 the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. r Yes ry No 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)? F Yes t✓ No 6. Is this project subject to provisions of the MassDEP Stonnwater Management Standards? a. f" Yes, Attach a copy of the Stonnawater Report as required by the Stonnwater 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 Stonnawater Management Handbook Vol .2, Chapter 3) 2' A portion of the site constitutes redevelopment C Proprietary BMPs are included in the Stonnawater Management System b. r No, Explain why the project is exempt: rV Suhgle Farhhily 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 #: eDEP Transaction #:1305030 City/rown:YARMOUTH 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 l housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department by regular mail delivery. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the 1✓ Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland r [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). r Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. I✓ a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 14 DANIEL A, OJALA, WHALE ROAD WEST P E., P.L.S. April 27, 2022 YARMOUT I I, MA 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 1 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. r 8. Attach NOI Wetland Fee Transmittal Form. 1✓ 9. Attach Stormwater Report, if needed. r Page 6 of 7 *ELECTRONIC COPY i1 assilichusetts Departti►ent of IAIIVII411111icntf►l Provided by MassUl?P; Protection Mnssl)1?P bile U; 111il v'au of Resource Protection Wetlands Oki' Transact lot) It:1305030 WPA Form 3 = Notice of Intent Cityil'own:YARMOU11i Massachusetts Wetlands Protection Act M,G.L, c. 13 Is §40 F, Fees t, 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 ©ay Transportation Authority. Applicants must submit the following information (in addition to pogcs I ?44G0 't ; �14 2. Municipal Check Number d. State Cheek Number @. Payer name on check: First Name finn fee payment: and 2 of the NOl Wctlend Fee Transmittal Ponn) to can �Z�22 J, Check dale 5. Check date 7. Payer name on check: Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper 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 of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location..{ 0 ,, 3. Signature of Property Owner(if different) S. Signature of Representative (if any) 1�=L For Canservatlon Commission: 2. Date 4. Dale Two copies of the completed Notice of intent (Form 3), including supporting plans and docunreuts, Avo copies of the NOI Wetletrd Fee Transmittal Form, and Ure city/town fee payment, to the Conservation Commission by certified mail or hand delivery. Far Af>us17EP: Oae copy of Ute completed Notice of Intent (Fomt 3), including supporting plaos and documents, one copy of the NOI \'Vetlend Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other. If the applicant Iran checked the "yes" box in Section C, Items 1-3, above, refer to that section end the Instructions for additional subrninal 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 ProvidedbylvlassDBP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1305030 City/Town:YARMOUTH Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name THEODORE JOSEPH & SUSAN O. b.Last Name WOJNAR c. Organization WOJNAR MANAGEMENT TRUST d. Mailing Address 2300 WOLF STREET UNIT SA e. City/Town DALLAS f. State TX g. Zip Code 75201 h. Phone Number 7132994921 i. Fax j. Email tjwojnar@swbell.net 2.Property Owner:(if different) a. First Name THEODORE JOSEPH & SUSAN O. b. Last Name WOJNAR c. Organization WOJNAR MANAGEMENT TRUST d. Mailing Address 2300 WOLF STREET UNIT 5A e. City/Town DALLAS f.State TX g. Zip Code 75201 h. Phone Number 7132994921 i. Fax j.Email tjwojnar@swbell.net 3. Project Location: a. Street Address 14 WHALE ROAD b. City/Town YARMOUTH Are you exempted from Fee? r Note: Fee will be exempted if you are one of the following: • City/Town/County/Dishict • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity ActivityFee RF Multiplier Sub Total Activity Type Number p A.) WORK ON SINGLE FAMILY LOT; ADDITION, 2 110.00 220.00 POOL, ETC.; City/Town share of filling fee State share of filing fee Total Project Fee $122.50 $97.50 $220.00 Page I of I *ELECTRONIC COPY NOTICE OF INTENT #14 Whale Road, West Yarmouth PROJECT NARRATIVE The applicant is pleased to submit a Notice of Intent application to modify an existing residential property at 14 Whale Road. The property is improved with a single-family dwelling that was built in 1995 per assessor's records. It is bordered to the east and west by residences and to the south by Nantucket Sound. The closest limit of the Coastal Dune is south of the existing structure and falls under the second level deck at its closest point. The proposed work will take place within the FEMA Floodzone VE elevation 13. A majority of the proposed construction will take place within currently developed areas. The wetland resource areas and their associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering. The rear and side decks will be altered and rebuilt, a concrete slab will be poured under the existing dwelling, a 121 s.f. addition will be constructed on the north side of the building and a rinse station will be constructed. The existing shed along with portions of the existing walkways and driveway will be removed. No section of the proposed deck will be any closer to the Coastal Dune than existing. Waivers for work within the 35' buffer and structure within the 50' buffer are requested under the local bylaw. Hardscape square footages within the MO' and 50-100' buffers are being reduced from existing conditions. No additional bedrooms are proposed, and the existing Title 5 septic system will remain. A work limit line of staked silt fence backed by coir logs if necessary, is proposed downgradient of all proposed work. All work limit lines shall remain in place until all construction is completed. Preconstruction activities will include the installation of erosion control fences as shown on the site plans. A staging area is also proposed in the driveway area. No additional grading or fill is proposed as part of the construction activities. No work will take place within Priority/Estimated Habitat of endangered species. Coastal Dune (310 CMR 10.28) Approximately 9 s.f. of the existing deck is proposed to be rebuilt within the Coastal Dune. All this work will take place within the footprint of the existing 2�d level deck. A work limit line will be placed around this deck at the limit of the Coastal Dune to protect it during construction. No machinery or construction vehicles will have access through the Coastal Dune. The Coastal Dune's ability to respond to storm conditions will not be affected by the proposed work. Land Subject to Coastal Storm Flowage The site is affected by a 100 year flood elevation (VE EI. 13 & AE EI. 11). No fill is proposed so construction activities will have no effect on the 100 year flood elevation. The proposed work will conform to floodzone and building code standards. -1- Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations: The proposed construction activities will not have a deleterious effect upon any wetland values as listed in the Bylaw. The proposed work will take place within existing developed areas and the total hardscape within the 100' buffer to the Coastal Dune is being reduced by 586 s.f. The silt fence will contain all construction activities. No large machinery will be used during construction other than a concrete pump truck. A silt fence will be installed downgradient of any proposed work. Construction Protocol All construction vehicles and machinery will access the areas of proposed construction through the existing driveway. The surveyor will place work limit stakes prior to any work commencing, in accordance with the approved plan. The contractor shall provide a silt fence, backed by coir logs as needed. Demolition will begin on the existing deck, stairs, walkways and shed. The concrete pad under the dwelling will be formed and poured by hand with the aid of a concrete pump truck. Construction will begin on the proposed deck, stairs, and addition. All disturbed areas will be loamed and seeded or replanted with native beach grass. The silt barrier will not be removed until the site is fully stabilized. Alternatives Analysis One alternative would be to leave the property as is. The owners would like to take advantage of the second level deck area more often. Currently it is very narrow in areas which makes is difficult to maneuver especially with chairs and tables. The steps are going to be relocated to areas that are more conveniently accessible and will allow for the removal of sections of existing walkways and driveway. The proposed concrete area under the dwelling will allow for more storage space and will allow for the removal of the existing shed. There is limited space on this property for mitigation plantings. In lieu of an increase in hardscape, the proposed deck, and stairways were carefully designed to help make their use more efficient and to allow for a net reduction of hardscape within the buffers to the Coastal Dune. The net reduction of hardscape will provide an improvement over current conditions. On behalf of our clients, we hereby request a variance from the Yarmouth Wetland Protection Regulations for proposed work to occur within 35' of a Resource Area. -2- 141 1331 COLLINS JAMES F COLLINS SUSAN K 473 MAIN ST SHREWSBURY , MA 01545 WOJNAR THEODORE J JR TR WOJNAR SUSAN O TR 2300 WOLF ST 15A DALLAS , TX 75201 14/ 1321 / / CHACE ARNOLD B JR TR CHACE MALCOLM G III 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 14/ 127/ / ! ANDERSON MARGUERITE 30 BLACK BIRCH LN CONCORD , MA 01742 PETROWSKI JOSEPH H C/O GULF OIL 316 GREAT ISLAND RD WEST YARMOUTH , MA 02673 14/ 128.1/ / / WOJNAR THEODORE J JR TR WOJNAR SUSAN O TR 2300 WOLF ST 15A , DALLAS , TX 75201 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 14 Whale Rd., West Yarmouth, MA 02673 Assessors Map 14, Lot 129 Andy Machado, Director of Assessing April 28, 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: C. C The name of the applicant is +Susan W L/ I" , 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). The address of the lot where the activity is proposed is �N it G) I� 0 a , W CSt ygrmocr� Proposed work is f�G�e�"�Ionm'Lnf inCludtnol nel desk. squire, ikaw and dr►veuaV foot-prI'nt5 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 56f�- �lPz' )+-51i-( 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 Ti 0 (,U n C cae, >✓ non � n ep �Vl 62n AC Address 0i3c1 ���4P 1/7 A Town `lcrmoft Por+ State IAA Zip OZU. Telephone 5 cob- 3- (n 2- L S L 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. IS QUADRANGLE rgUpGS U.S.DEPARTMENT U.SS,GEOLOGIICALSURVEEIINTERIOR $;USTopo MASSACHUSNETT-BARNSTASLECOUNTY ua7 ].S-WNUTE SERIES haMcNabyti UMM SI�In GaebElulSurey w�ru fi+mwiliw�v4 �b+W 1 m�yWr.'.eulirwn.v Ye�wr.]m rrt �nrlass.bMb viM �m�wrpr�rneMv�R� mmt�w.eiruwwa rM�rYI— —�uuti rH�IMI wK an � Ym ww-a._js rrYrl ..ems wer m ml MnYw4awW� N hwnlwurrrL i • cmev�i r.WiNq— W uq �wrrt+�Y� ��S OYw bu ®r Or me r DENHIS, MA 2021 - 5/4/22, 9:41 AM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System ss MassDEP Home (Contact � Privacy Policy - �• � � Cott ate, L Receipt � �.-_�::t. .7�n ,/v .... .,r i�.r-._,�,�,v.�:,:,, �._�,,: .��i���� w, ar_.�.. ...,'J%^.� ..:...;�"�:�-...sr,�ra _../�.".. ...,t .v ;r.,+'`7 �m.�.�,� .. Forms Attach Files Signature Payment Re ®pt Summary/Receipt print receipt 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: 1305030 Date and Time Submitted: 5/4/2022 9:41:02 AM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 14 WHALE ROAD General Description: REDEVELOPMENT OF EXISTING RESIDENTIAL PROPERTY INCLUDING NEW DECK, STAIRS, WALKWAY, AND DRIVEWAY FOOTPRINTS. Applicant Information Name: THEODORE JOSEPH & SUSAN O. WOJNAR Company: WOJNAR MANAGEMENT TRUST Address: 2300 WOLF STREET UNIT 5A, DALLAS, TX, 75201 Payment Information Your fee for the state share is $: 97.50 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 19-043 Wojnar Site Plan 4-28-22 Wojnar Abutter Notification Letter Wojnar Project Narrative Wojnar USGS Locus Map Wojnar abutters list My eDEP MassDEP Home i Contact � Privacy Policy MassDEP's Online Filing System ver.15.22.1.0© 2022 MassDEP https:!ledep.dep.mass.gov/eDEP/PageslPrintReceipt.aspx 1/1