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HomeMy WebLinkAboutNOINOTICE OF INTENT LANDSCAPE HARDSCAPE IMPROVEMENTS AND STORMWATER MANAGEMENT 18 HAWES RUN ROAD YARMOUTH, MA CLIENT: ROBERT GALANTE 69 NORTH DENNIS ROAD YARMOUTH, MA 02664 PREPARED BY: ENVIRONMENTAL LANDSCAPE SOLUTIONS, LLC TYLER GAUDREAU 38 NOBSKA ROAD MASHPEE, MA 02649 ISSUED: JUNE 23, 2022 REVISED: N/A 2 TABLE OF CONTENTS SECTION 1.0 ................................................................................................................... 3 PROJECT NARRATIVE .................................................................................................. 4 Existing Conditions .............................................................................................................................................. 4 Proposed Project ................................................................................................................................................ 4 ENVIRONMENTAL DUE DILIGENCE & PERFORMANCE STANDARDS ......................... 7 10.55 Bordering Vegetated Wetlands ...................................................................... 7 10.58 Riverfront Area ................................................................................................. 9 Riverfront Alternatives Analysis ................................................................................................................. 11 NHESP Priority Habitat .................................................................................................................................... 11 FEMA Floodplain ............................................................................................................................................... 11 Conclusion ........................................................................................................................................................... 12 WPA FORM 3 – NOTICE OF INTENT........................................................................... 13 NOI WETLAND FEE TRANSMITTAL .............................................................................. 22 MASS DEP TRANSMITTAL FORM ............................................................................... 23 SECTION 2.0 ................................................................................................................. 24 USGS SITE LOCUS MAP ............................................................................................. 25 AERIAL PHOTO .......................................................................................................... 26 MASS DEP WETLAND MAP ........................................................................................ 27 FEMA FLOOD INSURANCE RATE MAP ...................................................................... 28 NHESP ........................................................................................................................ 29 ACEC ......................................................................................................................... 30 SECTION 3.0 ................................................................................................................. 31 AFFIDAVIT OF SERVICE ............................................................................................. 32 ABUTTER 100’ RADIUS MAP ....................................................................................... 33 CERTIFIED ABUTTERS LIST ........................................................................................... 34 ABUTTER NOTIFICATION LETTER ................................................................................ 35 SECTION 4.0 – CONSERVATION LANDSCAPE PLAN ................................................... 36 SECTION 4.0 – EXISTING LANDSCAPE PLAN ............................................................... 36 SECTION 4.0 – CERTIFIED PLOT PLAN .......................................................................... 36 3 SECTION 1.0 PROJECT NARRATIVE & WPA FORM 3 4 PROJECT NARRATIVE Existing Conditions The project site consists of a single parcel located at 18 Hawes Run Road identified on the Town of Yarmouth Assessors Tax Maps as Map 54 Parcel 29. The project site is comprised of a .41± acre parcel and is currently developed with a single-family home, garage, and associated landscaping. Proposed Project The project proposes to remove an existing 109 linear foot timber retaining wall and rebuild with a concrete block wall within 50 feet of a Bordering Vegetated Wetland (B.V.W.) and within 100 feet of a riverfront. The existing retaining wall was not permitted under the previous Notice of Intent application and therefore is an unpermitted structure, and mitigation calculations will reflect the disturbance of the entire proposed retaining wall area. Mitigation will also note the proposed expansion and reduction of hardscaping. The existing wall is in poor condition and is eroding from the back due to the lack of drainage and poor construction methods. Under proposed conditions two sets of 3-foot-tall retaining walls would replace the existing 4-foot wall that is set on the slope. The walls would be set on a level base to allow proper drainage to prohibit erosion in the future. The current retaining wall has a small 3-foot-wide set of stairs that extends out into the B.V.W. Under proposed conditions the entire footprint of the stairs and portion of the stairs in the resource area will be removed and relocated further from the recource area in the buffer zone. The existing slope is covered with low growing non-native vegetation including Oriental bittersweet (Celastrus orbiculatus) that will be removed and add to the restoration of the site. Onamental bittersweet is located on the Massachusetts Invasive Plan List on the page 8 labeled “Planted voted as INVASIVE”. All bittersweet will be removed by hand pulling, and be monitored throughout the project timeline as well as annual monitoring reports. No herbicide use is proposed. If not addressed the existing retaining wall will inevitably fail, causing discharge of sand and stone into the B.V.W. Under proposed conditions the minimal expansion will reinforce the existing slope and ensure the protection of the B.V.W. In addition, the project proposes to install two 50-gallon dry wells to replace the existing down spout piping. The current downspouts discharge directly into the B.V.W., causing erosion and the inability of native species to fill in areas that would otherwise thrive. Under the proposed conditions the dry-wells would reroute any freshwater runoff from the house to a stormwater management system. The final portion of disturbance is the removal of four (4) trees within the work area of the proposed wall, 3 Red Maple and 1 Pitch Pine are proposed to be removed both to complete the retaining wall construction, and for their viability in the future. Each are located within the existing slope and are leaning toward the neighboring property. In addition, the pitch pine was observed to have Black Turpentine Beetle damage and would limit the spread of the infestation spreading within the area. Under proposed conditions we would mitigate the tree removal in a 1:1 ratio with two River Birch (Betula 5 nigra) and two Northern White Cedar (Thuja occidentalis) outside of the construction footprint. Mitigation plantings were calculated by the proposed disturbance and planted at a 2:1 ratio. The plant list on page 5 demonstrates the native plantings that will be completed to mitigate the disturbance within the buffer zones. The plant list is labeled by the planting areas that corresponds to the attached “Conservation Landscape Plan” located in section 4.0 of this Notice of intent. The plant list on the page below outlines the restoration of wetlands as well as native shrubland, and pollinator habitat, and contains over 500 native species. This plant list will greatly contribute to the biodiversity of the site and is designed to mimic planting patterns in nature. This plant list and planting will contain many hard-to-find native species and will vastly improve the sites ecological value over existing conditions. 6 Environmental Landcape Solutions Galante Mitigation List Label Qty.Botanical Name Common Name Size Wetland Replecation Planting Area 904 S.F. - 1.5' O.C. 100 Asclepias incarnata Swamp Milkweed 2" Plug 50 Aster novae angilae New-England Aster 2" Plug 50 Eupatorium maculatum Spotted Joe Pye Weed 2" Plug 100 Schizachyrium scoparium Little bluestem 2" Plug 50 Verbena hastata Blue Vervain 2" Plug 50 Zizia aurea Golden Alexanders 2" Plug 400 Wet Meadow Planting Area 602 S.F - 2.5' O.C. 9 Amsonia hubructii Blue Star Flower 1 gallon 9 Asclepias tuberosa Butterfly milkweed 1 gallon 12 Baptisia australis False Indigo 1 gallon 9 Carex Appalachcia Appalachian Sedge 1 gallon 7 Deschampsia cespitosa Tufted Hairgrass 1 gallon 12 Echinacea purpurea Coneflower 1 gallon 9 Liatris spicata Blazingstar 1 gallon 12 Rudbeckia fulgida Black-Eyed Susan 1 gallon 9 Panicum virgatum Switchgrass 1 gallon 8 Penstemon digitalis Penstemon 1 gallon 96 Retaining Wall Planting Area 338 S.F. - 5' O.C. 3 Clethra alnifolia Summersweet 3 gallon 3 Ilex glabra Inkberry 3 gallon 5 Potentilla fruticosa Primrose 3 gallon 3 Vaccinium corymbosum Highbush Blueberry 3 gallon 14 Top of Stair Planting Area 67 S.F. - 5' O.C. 4 Hydrangea arborescens Smooth Hydrangea 3 gallon 4 Woodland Garden Planting Area 565 S.F. - 5' O.C. BN 2 Betula nigra River Birch 5-6' b&b 3 Ilex glabra Inkberry 3 gallon 3 Hydrangea quercifolia Oakleaf Hydrangea 3 gallon 4 Myrica pensylvanica Bayberry 3 gallon 5 Potentilla fruticosa Primrose 3 gallon TO 2 Thuja occidentalis Northern White Cedar 5-6' b&b 19 Sunny Shrubland Garden Planting Area 412 S.F. - 5' O.C. 5 Aronia arbutufolia Red chokeberry 3 gallon 3 Ilex verticillata Winterberry 3 gallon 8 Vaccinium corymbosum Highbush Blueberry 3 gallon 3 Viburnum dentatum Arrowwood Viburnum 3 gallon 16 533 7 This Notice of Intent (NOI) is required because the project proposes to conduct work within the buffer zone to the B.V.W as well as riverfront area. ELS prioritized the existing footprint in order to minimize the amount of disturbance, while maintaining structural integrity of the construction to avoid future disturbance. No other resource areas are found within the property. No portion of the construction will take place within the B.V.W. Copies of the exhibits are included in Section 2.0 of this application. ENVIRONMENTAL DUE DILIGENCE & PERFORMANCE STANDARDS 10.55 Bordering Vegetated Wetlands The Bordering Vegetated Wetland was delineated on Friday May 13, 2022, and was presented to Ellie Lawrence, Conservation member to the Town of Yarmouth during a preliminary site visit. The BVW was calculated by referring to “Massachusetts Delineating Bordering Vegetated Wetlands Manual” and identifying wetland indicator plants on site. The B.V.W. is primarily comprised of Cinnamon Fern (Osmunda cinnamomea), Red Maple (Acer rubrum), Solidago nemoralis (Gray goldenrod) Virginia Crepper (Parthenocissus quinquefolia) and Poison Ivy (Toxicodendron radicans). An on-site soil sample indicated soil characteristics of wetland soil hydrology within the wetland flags located on site below the site slope. Both wetland indicator plants and soil hydrology were used to determine the B.V.W. The B.V.W is outlined on the “Conservation Mitigation Plan” as well as the 50- and 100-foot buffers respectively. We contend that this project meets all the applicable Performance Standards, as we discuss below: See the Commonwealth of Massachusetts, WPA: 310 CMR 10.55; and the Town of Yarmouth Wetlands Protection Regulations, Section 3.02 Vegetated Wetlands. For the WPA, the following Performance Standards apply: “(a) Where the presumption set forth in 310 CMR 10.55(3) is not overcome, any proposed work in a Bordering Vegetated Wetland shall not destroy or otherwise impair any portion of said area.” Not applicable to this project, no portion of the BVW is proposed to be destroyed, and a 1 foot buffer was included to mitigate disturbance to the BVW. All proposed tree removal is outside of the BVW. The project will result in enhanced biodiversity with the introduction of native species not now found on the site, as well as overall wildlife habitat 8 value by enhancement of native plant communities. At no time will the other functions of the BVW be affected by the proposed project. The activities proposed in this project in the BVW and its buffer zone are classified as minor (exempt) activities under the WPA. This includes restoration planting of native wetland plants. “(b) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of up to 5000 square feet of Bordering Vegetated Wetland when said area is replaced in accordance with the following general conditions and any additional, specific conditions the issuing authority deems necessary to ensure that the replacement area will function in a manner similar to the area that will be lost:….“ Not applicable to this project—no loss of wetlands is proposed, this project proposed 904 S.F. of wetland replication in the form of mitigation plantings, see attached “Conservation Landscape Plan”. “(c) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of a portion of Bordering Vegetated Wetland when:….” Not applicable to this project, no loss of wetlands is proposed. “(d) Notwithstanding the provisions of 310 CMR 10.55(4)(a),(b) and (c), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59.” Not applicable to this project: the site is not located within an area that has been mapped by the Massachusetts NHESP as “Estimated Habitat of Rare Wetlands Wildlife”, nor is it located within “Priority Habitat”. SEE Exhibit # 5. 9 “(e) Any proposed work shall not destroy or otherwise impair any portion of a Bordering Vegetated Wetland that is within an Area of Critical Environmental Concern designated by the Secretary of Environmental Affairs under M.G.L. c. 21A, § 2(7) and 301 CMR 12.00….” Not applicable to this project; this site is not within a designated ACEC. SEE EXHIBIT 6 For the Yarmouth Wetland Protection Regulations see section 3.02: (3)Performance Standards: Any proposed work, permitted by the Commission, in a vegetated wetland or within 100 feet of a vegetated wetland shall not destroy any portions of said vegetated wetland, nor shall the proposed work impair in any way the vegetated wetland’s ability to perform any of the functions in section 3.02, (1). As noted above under the discussion of WPA Performance Standards, all work proposed withing the BVW of this project involves minor activities only that will significantly enhance biodiversity and wildlife habitat value through revegetation with native species. This project also includes removal of hardscaping from the B.V.W. At no time will the other functions of the BVW, such as flood control, storm damage prevention, protection of shellfish, prevention of pollution, and protection and recharge of groundwater supply, be impacted by the activities of this project. 10.58 Riverfront Area The Riverfront was calculated by the area between the river’s mean high annual water line to Hawes Run as outlined in measurements were taken on the modified version of the surveyed plot plan. Mean Annual High-water Line of a river is the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and that distinguishes between predominantly aquatic and predominantly terrestrial land. See the Commonwealth of Massachusetts, Wetland Protection Act (WPA): 310 CMR 10.58: “(a) Protection of Other Resource Areas. The work shall meet the performance standards for all other resource areas within the riverfront area, as identified in 10 310 CMR 10.30 (Coastal Bank), 10.32 (Salt Marsh), 10.55 (Bordering Vegetated Wetland), and 10.57 (Land Subject to Flooding). When work in the riverfront area is also within the buffer zone to another resource area, the performance standards for the riverfront area shall contribute to the protection of the interests of M.G.L. c. 131, § 40 in lieu of any additional requirements that might otherwise be imposed on work in the buffer zone within the riverfront area” As outlined in section one of the performance standards the proposed project meets all performance standards outlined in section 10.55 Bordering Vegetated Wetlands. (b)Protection of Rare Species. No project may be permitted within the riverfront area which will have any adverse effect on specified habitat sites of rare wetland or upland, vertebrate or invertebrate species, as identified by the procedures established under 310 CMR 10.59 or 10.37, or which will have any adverse effect on vernal pool habitat certified prior to the filing of the Notice of Intent. Not applicable to this project: the site is not located within an area that has been mapped by the Massachusetts NHESP as “Estimated Habitat of Rare Wetlands Wildlife”, nor is it located within “Priority Habitat”. SEE Exhibit # 5. (c)Practicable and Substantially Equivalent Economic Alternatives. There must be no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the interests identified in M.G.L. c. 131 § 40 The proposed project demonstrates a minimal disturbance application to the construction of the retaining walls. In order to meet existing grade a two tiered system is proposed and minimal expansion is proposed outside the existing footprint. The expansion will take place on the existing slope primarily vegetated with oriental bittersweet. The removal of invasive species within the buffer zone and the planting of native species will increase the area of native wildlife habitat and will remove a potential source of nutrient pollution. 11 Riverfront Alternatives Analysis “As set forth in 310 CMR 10.04, an alternative is practicable and substantially equivalent economically if it is available and capable of being done after taking into consideration costs, existing technology, proposed use, and logistics, in light of overall project purposes. Available and capable of being done means the alternative is obtainable and feasible. Project purposes shall be defined generally (e.g., single family home, residential subdivision, expansion of a commercial development). The alternatives analysis may reduce the scale of the activity or the number of lots available for development, consistent with the project purpose and proposed use.” Option 1 – Option one proposes the project outlined in the above narrative and “Conservation Landscape Plan” This option includes minor expansion of the existing hardscaping within the buffer zones to both the B.V.W and the Riverfront areas and proposes 2,888 Square Feet of mitigation plantings including 904 Square feet of wetland replication plantings. The retaining wall expansion is proposed to ensure the stability of the walls to avoid failing in the future, causing significant disturbance to the B.V.W Option 2 – Option two proposes the repair of the retaining wall in the existing footprint. This option would limit the amount of disturbance on site, but would not propose mitigation as it would be working within the existing footprint. The removal of the wall and replacement would not fix the current need to replace the sub- grade and would most likely result in future repairs needing to be made. This option would also not address the stormwater problem-therefore would be a less favorable solution. Option 3 – Option three would be to leave the existing retaining wall as is. Option three would provide no disturbance to the existing buffer zones but would not address the problem of the failing wall. The existing wall will inevitably fail and would cause much more disturbance to the buffer zone, as well as disturbance to the resource areas themselves. NHESP Priority Habitat A review of the latest Massachusetts Natural Heritage Atlas; 14th Edition, reveals that there are no Priority Habitats on-site or directly adjacent to the site. A copy of the Natural Heritage and Endangered Species Program (NHESP) mapping is included in Section 2.0 of this application. FEMA Floodplain The latest Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panel number 25001C0752J, effective 07/16/2014, was reviewed and it was determined that no portion of the site is located within the 100-year floodplain “Zone AE”. 12 Conclusion This Notice of Intent to the Town of Yarmouth displays how the proposed project will vastly increase the biodiversity within the property as well as the increase in stormwater infrastructure while removing an existing retaining wall and replacing it with a properly built set of terraced walls and proper drainage. This project is an improvement over the existing conditions, and the client is seeking a negative determination. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 13 I, §40 E.Feesl. Provided by MassDEP: MassDEP File#: eDEP Transaction #:1355544 City/fown:YARMOUTH 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: 1146 2. Municipal Check Number 1145 4. State Check Number Tyler 06/22/223. Check date 06/22/22 5. Check date Gaudrern 6. Payer name on check: First Name 7. Payer name on check: Last Name F.Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice oflntent 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 ofM.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. �)-I .4 v .t-:i {. �11--C.,) ,_ . ·.f. _r -✓\.h,_ --�_0_6_12_0_.2_2 ___________________ _I. S1gnatilrc of Applicant 2. Date 4. Date 06/20/22 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3 ), including supporting plans and documents, one copy of the NOI Wetland 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 has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page 7 of7 * ELECTRONIC COPY Dep Transmittal Form • rev. 3/21 Page 1 of 1 Enter your transmittal number X289140 Transmittal Number Your unique Transmittal Number can be accessed online: https://www.mass.gov/service-details/transmittal-form-number-for-massdep-permit-application-payment Massachusetts Department of Environmental Protection Transmittal Form for Permit Application and Payment 1.Please type or print. A separate Transmittal Form must be completed for each permit application. 2.Make your check payable to the Commonwealth of Massachusetts and mail it with a copy of this form to: MassDEP, P.O. Box 4062, Boston, MA 02211. 3.Three copies of this form will be needed. Copy 1 - the original must accompany your permit application. Copy 2 must accompany your fee payment. Copy 3 should be retained for your records 4.Both fee-paying and exempt applicants must mail a copy of this transmittal form to: MassDEP P.O. Box 4062 Boston, MA 02211 * Note: For BWSC Permits, enter the LSP. A. Permit Information WPA Form 3 1. Permit Code: 4-to-7-character code from permit instructions Category 1 2.Name of Permit Category Work on single Family Lot - Hardscaping 3.Type of Project or Activity B. Applicant Information – Firm or Individual 1.Name of Firm - Or, if party needing this approval is an individual enter name below: Galante 2.Last Name of Individual Robert 3.First Name of Individual 4. MI 69 North Dennis Road 5. Street Address South Yarmouth 6.City/Town MA 7. State 02664 8.Zip Code 617-361-8471 9.Telephone #10.Ext. # Robert Galante 11. Contact Person RWR1774@aol.com 12. e-mail address C. Facility, Site or Individual Requiring Approval Robert Galante 1.Name of Facility, Site or Individual 18 Hawes Run Road 2. Street Address Yarmouth 3.City/Town MA 4. State 02673 5.Zip Code 617-361-8471 6.Telephone #7. Ext. # 8.DEP Facility Number (if Known)9.Federal I.D. Number (if Known)10. BWSC Tracking # (if Known) D. Application Prepared by (if different from Section B)* Environmental Landscape Solutions, LLC 1.Name of Firm or Individual 38 Nobska Road 2.Address Mashpee 3.City/Town MA 4. State 02649 5.Zip Code 508-274-7718 6.Telephone #7. Ext. # Tyler Gaudreau 8.Contact Person 9.LSP Number (BWSC Permits only) E. Permit - Project Coordination 1.Is this project subject to MEPA review? yes no If yes, enter the project’s EOEA file number - assigned when an Environmental Notification Form is submitted to the MEPA unit: EOEA File Number F. Amount Due DEP Use Only Special Provisions: 1. Fee Exempt: city, town, county, or district of the Commonwealth; federally recognized Indian tribe housing authority; municipal housing authority; the MBTA; or state agency if fee is $100 or less. There are no fee exemptions for BWSC permits, regardless of applicant status. 2. Hardship Request - payment extensions according to 310 CMR 4.04(3)(c). 3. Alternative Schedule Project (according to 310 CMR 4.05 and 4.10). 4. Homeowner (according to 310 CMR 4.02). Permit No: Rec’d Date: Reviewer: 1145 Check Number $70.00 Dollar Amount 06/22/22 Date 24 SECTION 2.0 EXHIBITS • Environmental Landscape Solutions, LLC Design -Permit -Build 38 NOBSKA ROAD PHONE: (508) 274-7718 MASHPEE, MA 02649 ELSCAPECOD.COM PROJECT LOCATION: PROPERTY OWNER: 18 HAWES RUN ROAD YARMOUTH, MA 02673 ROBERT GALANTE 69 NORTH DENNIS ROAD YARMOUTH MA, 02664 COPYRIGHT ENVIRONMENTAL LANDSCAPE SOLUTIONS. LLC. ALL RIGHTS RESERVED (IN FEET) l INCH = 250 FEET SCALE: l :250 DATE: 06/15/22 SHEET NO: l OF 6 DWG NAME: EX-l_USGS DRAWN BY:TG CHECKED BY: TG • Environmental Landscape Solutions, LLC Design -Permit -Build 38 NOBSKA ROAD PHONE: (508) 274-7718 MASHPEE, MA 02649 ELSCAPECOD.COM PROJECT LOCATION: PROPERTY OWNER: COPYRIGHT ENVIRONMENTAL LANDSCAPE SOLUTIONS, LLC, All RIGHTS RESERVED 18 HAWES RUN ROAD YARMOUTH, MA 02673 ROBERT GALANTE 69 NORTH DENNIS ROAD YARMOUTH MA, 02664 (IN FEET) I INCH = 250 FEET SCALE: I :250 DATE: 06/15/22 SHEET NO: 2 OF 6 DWG NAME: EX-2_AERIAL DRAWN BY:TG CHECKED BY: TG IMASS GIS WETLANDS LEGEND! DEP Wetlands Detailed With Outlines D Barrier Beach System D Barrier Beach-Deep Marsh D Barrier Beach-Wooded Swamp Mixed Trees El Barrier Beach-Coastal Beach E] Barrier Beach-Coastal Dune EJ Barrier Beach-Marsh EJ Barrier Beach-Salt Marsh D Barrier Beach-Shrub Swamp E] Barrier Beach-Wooded Swamp Coniferous D Barrier Beach-Wooded Swamp Deciduous (II Bog D Coastal Bank Bluff or Sea Cliff ml Coastal Beach D Coastal Dune D Cranberry Bog le'.) Deep Marsh w Barrier Beach-Open Water D Open Water El Rocky Intertidal Shore D Salt Marsh Shallow Marsh Meadow or Fen 13 Shrub Swamp □Tidal Flat [') Wooded Swamp Coniferous f;:g Wooded Swamp Deciduous f.� Wooded Swamp Mixed Trees DEP WETLANDS .. '(" _:).!'\Y' .:�Y .�·:z.· :::·:z.·:? >-�:5� }:Z..:Z.\. �·:z.: "l:",. � �-�-. t':.·"(1:--.· ... ;-... .. 't':,. . -· GRAPHIC SCALE N MASS DEP WETLANDS MAP - -- - - • Environmental Landscape Solutions, LLC Design -Permit -Build 38 NOBSKA ROAD PHONE: (508} 274-7718 MASHPEE. MA 02649 ELSCAPECOD.COM PROJECT LOCATION: PROPERTY OWNER: COPYRIGHT ENVIRONMENTAL LANDSCAPE SOLUTIONS. LLC. ALL RIGHTS RESERVED 18 HAWES RUN ROAD YARMOUTH, MA 02673 ROBERT GALANTE 69 NORTH DENNIS ROAD YARMOUTH MA, 02664 (IN FEET} l INCH = 250 FEET MASS DEP WETLANDS MAP SCALE: l :250 DATE: 06/15/22 SHEET NO: 4 OF 6 DWG NAME: EX-4_WETLANDS DRAWN BY:TG CHECKED BY: TG EXHIBIT - 4 NHESP LEGEND NHESP Estimated Habitats of Rare Wildlife □ NHESP Priority Habitats of Rare Species Property Tax Parcels • Environmental Landscape Solutions, LLC GRAPHIC SCALE PROJECT LOCATION: PROPERTY OWNER: 18 HAWES RUN ROAD YARMOUTH, MA 02673 SCALE: 1 :250 (IN FEET) 1 INCH = 250 FEET NHESP MAP DATE: 06/15/22 Design -Permit -Build ROBERT GALANTE SHEET NO: 5 OF 6 DWG NAME: EX-S_NHESP 38 NOBSKA ROAD PHONE: (508) 274-7718 MASHPEE. MA 02649 ELSCAPECOD.COM COPYRIGHT ENVIRONMENTAL LANDSCAPE SOLUTIONS, LLC, ALL RIGHTS RESERVED 69 NORTH DENNIS ROAD YARMOUTH MA, 02664 DRAWN BY:TG CHECKED BY: TG EXHIBIT -5 ACEC LEGEND Areas of Critical Environmental Concern ACECs □ Property Tax Parcels NO AREAS OF CRITICAL ENVIRONMENTAL CONCERNS IDENTIFIED ON SITE MASSMAPPER ONLINE MAPPING TOOL PROJECT LOCATION: GRAPHIC SCALE - -- - - (IN FEET) 1 INCH = 250 FEET ACEC MAP • Environmental Landscape Solutions, LLC 18 HAWES RUN ROAD YARMOUTH, MA 02673 SCALE: 1 :250 DATE: 06/15/22 PROPERTY OWNER: N Design -Permit -Build ROBERT GALANTE SHEET NO: 6 OF 6 DWG NAME: EX-6_ACEC 38 NOBSKA ROAD PHONE: (508) 274-7718 MASHPEE. MA 02649 ELSCAPECOD.COM COPYRIGHT ENVIRONMENTAL LANDSCAPE SOLUTIONS, LLC, All RIGHTS RESERVED 69 NORTH DENNIS ROAD YARMOUTH MA, 02664 DRAWN BY:TG CHECKED BY: TG EXHIBIT - 6 T 31 SECTION 3.0 ABUTTER NOTIFICATION AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, ___ ....,.......-------,.----T-y _le _r..,,...G�a-u_d,....r _ea_u-.-,.,..-.----.-,...-------�· hereby certify under the(Name of person making the Afhdav1t) June 22, 2022 I t"fi t· t b tt pains and penalties of perjury that on-----------gave no 1 ica 10n o a u ers (Date) in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by ____ R_o_b_e_r _t _G_a _la_n_t _e ________ with the _____ Y_a_r _m_o_u_th ____ _ (Name of Applicant) (Name of Municipality) Conservation Commission on ____ Ju_n_e_2_3_,_2_0_2 _2 ___ for property located at (Date) 18 Hawes Run Road Yarmouth, MA (Address of land where work is proposed) The form of the notification and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. 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Tecf1'10109)' 54/ 23/ / / TOWN OF YARMOUTH CONSERVATION COMMISSION 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 54/ 28/ / / ARCE ALVIS 15 HAWES RUN RD WEST YARMOUTH , MA 02673 54/ 29/ / / GALANTE ROBERT F 69 NORTH DENNIS RD SOUTH YARMOUTH , MA 02664 54/ 30/ / / LIEBERWIRTH STEPHEN C LIEBERWIRTH SHARON J 12 HAWES RUN RD WEST YARMOUTH , MA 02673 54/ 34/ / / TOWN OF YARMOUTH CONSERVATION COMMISSION 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 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 Galante______________________________ 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 18 Hawes Run Road Yarmouth, MA D.Proposed work is _____Removal of existing retaining wall and reconstruction of new wall, dry well installation, and mitigation plantings________________________________________ 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 _______508-274-7718 - Tyler__________ 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 _____Tyler Gaudreau_______________________ Address ____38 Nobska Road____________________________________ Town ___Mashpee________ State __MA___ Zip ___02649____ Telephone ______508-274-7718__________________________ 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. 36 SECTION 4.0 CONSERVATION LANDSCAPE PLAN WETLAND REPLICATIONPLANTING 904 S.F.50 GAL FLO-WELLSEE NOTE: 3WET MEADOW602 S.F.RETAINING WALLPLANTING 338 S.F.PROPOSED STAIRSSEE NOTE 2:WF 6WF 5WF 4WF 3WF 2WF 7WF 8WF 9WF 10WF 11WF 1TOP OF STAIRPLANTING AREA 67 S.F.50 GAL FLO-WELLSEE NOTE: 3LIMIT OF WORKEROSIONCONTROLLIMIT OF WORKEROSION CONTROL2 - TO2 - BNCONSERVATION SITE COVERAGEEXISTING RETAINING WALL FOOTPRINT1,294 S.F.EXPANSION OF EXISTING RETAINING WALL249S.F.REDUCTION IN RETAINING WALL FOOTPRINT123S.F.NET TOTAL DISTURBANCE1,420 S.F.NET TOTAL DISTURBANCE 1,420S.F.MITIGATION PROVIDED 2,888 S.F.PROPOSEDRETAINING WALLFOOTPRINTSEE NOTE 1:PROPOSEDRETAINING WALLFOOTPRINTSEE NOTE 1:PROPOSED TREEREMOVAL AREASSEE NOTE 5:PROPOSED PEASTONEOVER EXISTING BACKFILLSEE NOTE 4:50' BUFFERTO BVW100' BUFFER TORIVERFRONT100' BUFFERTO BVW BVW MEAN HIGHWATER TOHAWES RUN MEAN HIGH WATERTO HAWES RUNWOODLAND GARDENPLANTING 565 S.F.SUNNYSHURBLANDGARDEN412 S.F.50' BUFFERTO BVW BVWMITIGATION PLANTING NOTESCONSTRUCTION ACTIVITIES WILL INCREASE THE TOTAL SITE DISTURBANCE BY 162 S.F. IN ADDITION TO THEEXISTING 1,232 S.F. OF UNPERMITTED HARDSCAPING. A TOTAL AREA OF 2,578 S.F. SHALL BE PLANTED ONSITE WITH SPECIFIED NATIVE TREES, SHRUBS PERENNIALS AND GRASSES. SEE GALANTE MITIGATION LISTBELOW.THE WETLAND REPLICATION AREA WILL BE PLANTED WITH NATIVE PERENNIALS AND GRASSES IN AREASWITHIN THE EXISTING WETLAND NOT CURRENTLY VEGETATED. MITIGATION PLANTS WILL BE PLANTED 1.5' ONCENTER WITH 2" LANDSCAPE PLUGS.THE WET MEADOW PLANTING AREA WILL BE PLANTED WITH NATIVE PERENNIALS AND GRASSES 2.5' ONCENTER AND WILL APPLY A VEGETATED BUFFER FROM THE PROPOSED DISTURBED AREA TO THE BVW. ALLPERENNIALS AND GRASSES WILL BE 1 GALLON POTS.THE RETAINING WALL PLANTING AREA PROPOSES A MIX OF NATIVE WOODY AND FLOWERING SHRUBS TOINCREASE BIODIVERSITY ON SITE.THE TOP OF STAIR PLANTING WILL BE PLANTED WITH FOUR NATIVE HYDRANGEA ARBORENCENS.THE WOODLAND GARDEN AND SUNNY SHRUBLAND GARDEN PROPOSE A MIX OF NATIVE WOODY ANDFLOWERING SHRUBS TO INCREASE BIODIVERSITY ON SITE.THE PLANTING AREAS WILL MITIGATE ANY DISTURBANCE OF THE PROPOSED NEW WALL CONSTRUCTION ASOUTLINED IN THE NOTICE OF INTENT APPLICATION.PROPOSED MITIGATION PLANTINGS TO BE 3 GALLON CONTAINERS FOR SHRUBS, 1 GALLON FORPERENNIALS AND GRASSES AND 2" LANDSCAPE PLUGS FOR THE WETLAND RESTORATION AREAS. ALL PLANTWILL BE PLANTED WITH ORGANIC COMPOST AND ORGANIC FERTILIZER. ALL SIZES WILL BE LABELED ONPLANT LIST. A TEMPORARY IRRIGATION SYSTEM WILL BE INSTALLED TO ESTABLISH PROPOSED PLANTINGAREAS AND WILL BE REMOVED PRIOR TO PLANT ESTABLISHMENT.ANY CHANGES IN PLANT SPECIES TO BE APPROVED BY CONSERVATION AGENT PRIOR TO PLANTINGS SHALLBE INSTALLED PRIOR TO COMPLETION OF CONSTRUCTION ACTIVITIES.OWNER SHALL NOTIFY CONSERVATION AGENT FOR FINAL INSPECTION WITHIN 30 DAYS AFTER ALLPLANTINGS HAVE BEEN INSTALLED.CONSERVATION NOTESTHE LIMIT OF WORK (LOW) WILL BE ESTABLISHED BEFORE ANYCONSTRUCTION ACTIVITIES ARE PERFORMED. THE LIMIT OF WORK WILLCONSIST OF A ROW OF SILT FENCE AND A COIR LOG AT THE BASE OF THESILT FENCE. THE LOW WILL BE MAINTAINED THROUGHOUT THE PROJECTTIMELINE. UPON COMPLETION OF THE PROJECT THE SILT FENCE WILL BEREMOVED AND ANY DISTURBANCE DEBRIS WILL BE DISPOSED OF OFF SITE.PRIOR TO ANY WORK A WRITTEN NOTIFICATION WILL BE PROVIDED TO THEYARMOTUH CONSERVATION COMMISSION.NO EQUIPMENT, MATERIALS OR CONSTRUCTION DEBRIS WILL BE STOREDOUTSIDE THE LIMIT OF WORK THROUGHOUT THE PROJECT TIMELINE.1038 NOBKSA ROADMASHPEE, MA 02649PHONE: 508-274-7718ELSCAPECOD.COMLOCUS MAPNOT TO SCALEPROPERTY OWNER:PROJECT LOCATION:18 HAWES RUN ROADYARMOUTH, MA 02673PREPARED BY:CONSERVATION LANDSCAPE PLANNOREVISIONSBYROBERT GALANTE69 NORTH DENNIS ROADYARMOUTH, MA 02664DRAWING TITLE:SHEET NO: 1 OF 2DATESCALE: 1:20DATE: 06/20/22DRAWN BY: TGCHECKED BY: TGNTHIS DRAWING IS A REVISION OF THESURVEYED SITE PLAN TITLED "CERTIFIEDPLOT PLAN " DATED 04/07/1978THIS PLAN IS ISSUED FORPERMITTINGPURPOSES AND NOT INTENDED FORCONSTRUCTION DOCUMENTS.CONTRACTOR IS RESPONSIBLE FOR ALLCONSTRUCTION DOCUMENTATIONAND CONSTRUCTION METHODS.THIS DRAWING IS PROPERTY OFENVIRONMENTAL LANDSCAPESOLUTIONS LLC. ALL RIGHTS RESERVEDLOCUSLEGENDPROPOSED RETAINING WALL FOOTPRINTPROPOSED DRYWELL LOCATIONSWET MEADOW PLANTING AREA - 2.5' O.C.WETLAND RESTORATION PLANTING AREA - 1.5' O.C.ENTRANCE STAIR PLANTING AREA - 5' O.C.RETAINING WALL PLANTING AREA - 5' O.C.WOODLAND GARDEN PLANTING AREA - 5' O.C.PLAN NOTESNOTE 1: THE PROPOSED RETAINING WALLS WILL BE TWO (2) TIERS OF CONCRETE WALL BLOCK RETAINING WALLWITH APPROPRIATE DRAINAGE. THE WALL WILL BE SET ON A LEVEL GRADE AND WILL NOT DISTURB THE BVW.NOTE 2: THE PROPOSED STAIRS WILL BE THE SAME MATERIAL AS THE WALL AT 6" RISERS AND WILL BE MOVEDFURTHER FROM THE B.V.W. THAN THE EXISTING STEPS.NOTE 3: THE EXISTING PIPING THAT DISCHARGES DIRECTLY TO THE B.V.W. WILL BE REMOVED AND TWO (2) 50GALLON FLO-WELL DRY WELLS WILL BE INSTALLED.NOTE 4: THE EXISTING BACKFILL WILL BE APPROPRIATELY COMPACTED AND PEASTONE WILL BE ADDED TOMITIGATE STORMWATER RUNOFF AND INCREASE PERVIOUS SURFACE.NOTE 5: (3) THREE EXISTING LEANING OAKS AND (1) DEAD PITCH PINE WILL BE REMOVED AND MITIGATED AT A1:1 RATIO WITH (2) TWO RIVER BIRCH AND (2) TWO EASTERN WHITE PINE, SEE ATTACHED PLANT LIST FOR DETAILS.SUNNY SHRUBLAND GARDEN PLANTING AREA - 5' O.C. 38 SECTION 4.0 EXISTING CONDITIONS LANDSCAPE PLAN WF 6WF 5WF 4WF 3WF 2WF 7WF 8WF 9WF 10WF 11WF 112" CAL OAK8" CAL DEAD MAPLE2 - 6" CAL MAPLESEXISTING DRAIN PIPE TOBE REMOVEDEXISTING DRAIN PIPE TOBE REMOVED50' BUFFERTO BVW100' BUFFER TORIVERFRONT100' BUFFERTO BVWEXISTING STAIRSTO BE REMOVEDEXISTING STAIRSTO BE REMOVED &REPLACEDEXISTING WOODENSTEPS TO REMAIN BVW MEAN HIGHWATER TOHAWES RUN BVW MEAN HIGH WATERTO HAWES RUNEXISTING RETAINING WALL TOBE REMOVED AND REPLACED- SEE CONSERVATIONLANDSCAPE PLANEXISTING LANDSCAPE NOTESTHE CURRENT RETAINING WALL WAS PREVIOUSLY BUILT WITHOUT A PERMIT.THE EXISTING STAIRS ARE PROPOSED TO BE REMOVED, ALONG WITH THEPIPING DIRECTING TO THE B.V.W. FROM THE DOWNSPOUTS.4 EXISTING TREES ARE PROPOSED TO BE REMOVED AND MITIGATED AT A 1:1RATIO, SEE CONSERVATION LANDSCAPE PLAN FOR DETAILS.1038 NOBKSA ROADMASHPEE, MA 02649PHONE: 508-274-7718ELSCAPECOD.COMLOCUS MAPNOT TO SCALEPROPERTY OWNER:PROJECT LOCATION:18 HAWES RUN ROADYARMOUTH, MA 02673PREPARED BY:EXISTING LANDSCAPE PLANNOREVISIONSBYROBERT GALANTE69 NORTH DENNIS ROADYARMOUTH, MA 02664DRAWING TITLE:SHEET NO: 2 OF 2DATESCALE: 1:20DATE: 06/20/22DRAWN BY: TGCHECKED BY: TGNTHIS DRAWING IS A REVISION OF THESURVEYED SITE PLAN TITLED "CERTIFIEDPLOT PLAN " DATED 04/07/1978THIS PLAN IS ISSUED FORPERMITTINGPURPOSES AND NOT INTENDED FORCONSTRUCTION DOCUMENTS.CONTRACTOR IS RESPONSIBLE FOR ALLCONSTRUCTION DOCUMENTATIONAND CONSTRUCTION METHODS.THIS DRAWING IS PROPERTY OFENVIRONMENTAL LANDSCAPESOLUTIONS LLC. ALL RIGHTS RESERVED 40 SECTION 4.0 CERTIFIED PLOT PLAN I I �D Et.€V. "rap oF p.e,, f't>S 1,--P ,;;.,,._, t>A77olV ZZ.�o �Fr-± 5'1: _,,,,,, "& 't� ft) �/ CERTIFIED PLOT PLAN LOCATION . ��-:1:7:" . .Y.1./?���0. ,.,,lf,A_��-.... SCALE . I !'. !J'.C. � • . . . DATE !!l?�/f;. � /f?.8. PLAN REFERENCE. -(!�??Y.IP: .. �-7.. ':/I ..... SNowN e-N A PL,,qAI hit? 11 Le>V6-Ko :i��-�·o/.;.-i�.�--.\���: i�;,���->�. ·_ ;::z,qN BooK 2�4 p,,qr;-E 9'4 . . . . . . . . . . . . - . . - . . . . . - . . . -.. . . . . I CERTIFY THAT THE . . . . . . . . . . . . . . . . . ....•......... SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON ANO THAT IT CONFORMS TO THE SETBACK REQUIREMENTS OF THE TOWN OF . . . . . . . . . . . . . . . . . . . . • . . . WHEN CONSTRUCTED. DATE •...••.•..•••• REGISTERED LAND SURVEYOR