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HomeMy WebLinkAboutNOI Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 17 Crest Circle, West Yarmouth Notice of Intent Application Proposed Raze and Replace of Single-family Dwelling Town of Yarmouth Conservation Commission June 2022 Prepared for: David Palmer 63 Prospect Street Melrose, MA 02176 BSC Job #50597.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 JUNE 27, 2022 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Edwin Hoopes, Chair of Conservation Commission RE: Notice of Intent Application, Proposed Raze and Replace of Single-Family Dwelling, 17 Crest Circle, West Yarmouth, MA BSC Job #50597.00 Dear Mr. Hoopes and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of David Palmer (the Applicant), for the property located at 17 Crest Circle, West Yarmouth, MA (the Site). The proposed project at the Site involves the proposed raze and replacement of a single-family dwelling within the Buffer Zone to Coastal Bank and Bordering Vegetated Wetlands, and the 200-foot Riverfront Area to an unnamed tidal, perennial stream. For more information, please refer to the attached Site Plans and attached narrative. Enclosed please find the Notice of Intent application and accompanying materials. If you have any questions or require additional information, please contact me our office at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Hannah Raddatz Wetland Scientist cc: David Palmer, 63 Prospect Street, Melrose, MA 02176 Massachusetts DEP SERO, 20 Riverside Dr, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Yarmouth Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 FEMA Map 5 NHESP Priority & Estimated Habitat Map 6 Site Photographs 7 Abutter Information 8 Site Plans 9 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners’ packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) 1 original application with original signatures (double sided). A comprehensive and detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall document how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other supporting information. 1 original and 7 copies of the plan, folded separately, right side out with title visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. A 100’ radius map, current abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. A pdf copy of signed application, supporting information, and plan emailed to kgrant@yarmouth.ma.us. Please list project property’s street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. Submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. DEPARTMENT OF CONSERVATION x x x x x x n/a n/a Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 9/2021 Page 2 of 2 State filing fee: separate check, Refer to Wetland Fee Transmittal Form By-law filing fee: separate check made payable to “Town of Yarmouth” Legal ad fee: separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL to DEP, Southeast Region at SERO_NOI@mass.gov with a subject line showing “YARMOUTH - NOI - Street Address - Applicant Name” and copied to kgrant@yarmouth.ma.us. We must receive a copy of this email as proof that it has been sent to DEP. DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 Other Comments: Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files for the property address online: Go to www.yarmouth.ma.us and click on: -Yarmouth Online Town Services -Town Record Search with Weblink -Browse Our Parcel Related Documents -First letter of street name to open file -Street name -Property address -Conservation -Click on the folder you want to view x x x n/a x x 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 Site Access Authorization Form General Information: If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION 17 Crest Circle 30/5 Agent 349 Route 28 Unit D West Yarmouth, MA 02673 508-778-8919 hraddatz@bscgroup.com 5/17/2022 Hannah Raddatz wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 17 Crest Circle a. Street Address Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.647569 d. Latitude -70.250164 e. Longitude 30 f. Assessors Map/Plat Number 5 g. Parcel /Lot Number 2. Applicant: David a. First Name Palmer b. Last Name CrestValley Development, LLC c. Organization 63 Prospect Street d. Street Address Melrose e. City/Town MA f. State 02176 g. Zip Code h. Phone Number i. Fax Number palmeripad@me.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $750.00 a. Total Fee Paid $362.50 b. State Fee Paid $387.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The proposed project at the Site involves the raze and replacement of a single-family dwelling within the 100-foot Buffer Zone to the Top of Coastal Bank/BVW and the the 200-foot Riverfront Area. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 34574 c. Book 146 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area Unnamed Perennial Stream, coastal 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 12,835 square feet 4. Proposed alteration of the Riverfront Area: 12,835 a. total square feet 580 b. square feet within 100 ft. 85 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage -257 (reduction) 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 MassMapper 05/2022 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan of Land a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 6/21/2022 d. Final Revision Date 1" = 10' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 1011 2. Municipal Check Number 5/19/22 3. Check date 1010 4. State Check Number 5/19/22 5. Check date CrestValley Development, LLC 6. Payor name on check: First Name 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 17 Crest Circle a. Street Address Yarmouth b. City/Town 1010 c. Check number $362.50 d. Fee amount 2. Applicant Mailing Address: David a. First Name Palmer b. Last Name CrestValley Development, LLC c. Organization 63 Prospect Street d. Mailing Address Melrose e. City/Town MA f. State 02176 g. Zip Code h. Phone Number i. Fax Number palmeripad@me.com j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 2(a) - Raze and Replace of Single-family Dwelling 1 $500.00 $500.00 RFA multiplier x1.5 ($750.00) YAR Bylaw fee: $200.00 Ad Fee: $10.00 Step 5/Total Project Fee: $750.00 (RFA multiplier) Step 6/Fee Payments: Total Project Fee: $750.00 a. Total Fee from Step 5 State share of filing Fee: $362.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $387.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 17 Crest Circle West Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 17 Crest Circle in West Yarmouth, MA (the Site) consists of the permitting of the raze and replacement of a single-family dwelling (the Project). This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 17 Crest Circle in West Yarmouth, is bordered by private residences to the east, west, and south, by the unnamed stream to north. The lot is currently developed with a single-family dwelling, storage sheds, and driveway. The jurisdictional wetland resource areas that are protected under the Yarmouth Bylaw and the WPA include; • Riverfront Area (RFA, associated with unnamed tidal, perennial stream) • Bordering Vegetated Wetlands (BVW) • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Floodzone AE (elevation 11) • Coastal Bank 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Proposed Raze and Replacement of Single-family Dwelling: The proposed project at the site consists of the raze and replacement of an existing single-family dwelling. The existing building is located within LSCSF, Coastal Bank, and within the inner 200-foot RFA. Impacts are proposed within the RFA, the 100-foot Buffer Zone to Coastal Bank, and the 100-foot Buffer Zone to BVW. Impacts to the 0-50-foot Buffer Zone to BVW will be reduced by 334 square feet (sf) and within the 50-100-foot Buffer Zone to BVW, 595 sf of impacts associated with the new dwelling are proposed. Impacts proposed within the 0-35- foot Buffer Zone to Coastal Bank will be reduced by 83 sf. Proposed impacts to the 35-50-foot Buffer to Coastal Bank include 106 sf, as well as 62 sf of impacts proposed within the 50-100 Foot Buffer Zone to Coastal Bank. Approximately, 704 sf of impacts are proposed within the 0-100-foot RFA and 85 sf within the 100-200-foot RFA. Proposed work within the 200-foot RFA complies with CMR 10.58(5) for Redevelopment Within Previously Developed Riverfront Areas, as the proposed work will not occur closer to the river, proposed work with associated mitigation planting and coastal bank stabilization will result in a betterment to the current conditions of the RFA on Site Coastal Bank restoration will include planting of native shrubs, regarding the bank to its original slope where the current foundation walkout is located with all bank work occurring within degraded areas. The Coastal Bank will be restored on site by grading to establish stable slopes, removing existing walls, and will be planted with 1,580 sf of native shrubs to mitigate for disturbance within various resource areas and their associated buffer zones. Therefore, all proposed work will not impact areas with natural vegetation or areas that are undisturbed by development. For a breakdown of impacts and additional information on the mitigation plantings, please refer to the project plans. 4.0 ALTERNATIVE ANALYSIS No Build Alternative: In this alternative, the proposed project would not occur. The applicant is proposing to relocate the single-family dwelling as far away from resource areas including Coastal Bank, 100-foot Buffer Zone to BVW, and the 200-foot RFA to a perennial stream as possible. The proposed dwelling will be moved as far landward as possible, while also complying with zoning setbacks and setbacks to the septic system. In addition, 1,580 sf of the Coastal Bank, 100-foot RFA, and the 50-foot Buffer Zone to BVW will be planted with native shrubs species. This will be a significant improvement to the current condition on vegetated areas on the site, which has dense areas of non-native invasive plants such as Celastrus orbiculatus (Oriental bittersweet), Euonymus alatus (Burning bush), and Lonicera morrowii (Morrow’s honeysuckle). Not proceeding with the proposed activities would not be in the interest of the applicant or in the interest of the WPA and the Bylaw. Current Footprint/Larger Build Alternative: In this alternative, the proposed work would have a greater impact within the Coastal Bank, 100-foot Buffer Zone to BVW, and the 200-foot RFA by maintaining the current footprint, Notice of Intent 17 Crest Circle West Yarmouth, MA which is closer to the resource areas than this project proposes, and/or expanding the footprint of proposed dwelling. This would not be in the interest of the Bylaw and the WPA because it would add more impervious area to these jurisdictional resource areas on Site. Proposed Scenario: The proposed scenario has been designed to limit the impacts on the jurisdictional resource area and their associated buffer zones to the greatest extent practicable. The proposed footprint of the replacement dwelling will be shifted as far away from jurisdictional resource areas as practicable, when taking zoning restrictions into account. In addition, the 1,580-sf native planting mitigation area that is proposed will increase the diversity of vegetation and habitat within an area that is currently developed and has a high density of invasive species. For these reasons, this alternative is currently being proposed. 5.0 MITIGATION To mitigate for impacts within the RFA, the 100-foot Buffer Zone to Coastal Bank, and the 100-foot Buffer Zone to BVW, a mitigation planting area will be installed in areas that are currently lawn, in the northeastern corner of the Site. The roughly 1,200 sf area will be planted with low shrubs and medium height shrubs including Lowbush Blueberry (Vaccinium angustifolium), Sweet Pepperbush (Clethra alnifolia), Inkberry (Ilex glabra) and Sweet Fern (Comptonia peregrina). For more planting information, please refer to the attached Site plan. Ground disturbance within the jurisdictional resource areas will be limited to the greatest extent practicable and any areas where soils are disturbed will be loamed and seeded with grass seed or planted with native species following the completion of work activities. A line of staked haybales and silt fence will be installed at the limit of work to prevent the migration of sediment towards the resource areas. All construction materials will be staged upland of all resource areas as much as possible. All debris from the Site will be contained in roll-off container stored in upland areas and will be removed from the Site in a timely manner. Copyright:© 2013 National Geographic Society, i-cubed 70°14'0"W 70°14'0"W 70°15'0"W 70°15'0"W 70°16'0"W 70°16'0"W 41°40'0"N41°40'0"N41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: \\bscbos\yar\Projects-YAR\5059700\Environmental\GIS\Output\Maps\MXD\ReportMaps\17Crest_Yarmouth_LOCUS.mxdDate Saved: 5/24/2022 10:29:27 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed17 CREST CI RCLE, WE ST YARMOUTH, MA USG S Site Locu s M ap (pa ge size: 8.5 X 11) 1 inch = 2 ,5 00 fe et 0 1,250 2,500 Feet H Site Location National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 5/12/2022 at 2:56 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°15'20"W 41°39'5"N 70°14'42"W 41°38'38"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 70°15'0"W 70°15'0"W 41°39'0"N41°39'0"NTHIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:17 CREST CIRCLE, WEST YARMOUTH NHESP MAP USGS 2008-2009 NHESP 2017 ESRI World Imagery ESRI World Topo ± 1:3 ,00 0 0 130 260 Feet 1 inch = 250 feet Legend NHESP Estim ated Habitats of Rare Wildlife NHESP Priority Habitats of Rare Species Site Locus Date Saved: 5/24/2022 11:01:25 AMDocument Path: \\bscbos\yar\Projects-YAR\5059700\Environmental\GIS\Output\Maps\MXD\ReportMaps\17Crest_Yarmouth_NHESP.mxd 30/ 3/ / / GIBBONS PHILIPS J 19 HUDSON DR HYDE PARK , NY 12538-2014 30/ 4/ / / HOVSEPIAN ROBERT B HOVSEPIAN DEBRA L 58 ROBERT RD HOLLISTON , MA 01746 30/ 5/ / / CRESTVALLEY DEVELOPMENT LLC 63 PROSPECT ST MELROSE , MA 02176 30/ 6/ / / WILLET ELLEN L TRS ELLEN L WILLETT TRUST AGREEMENT 15 CREST CIR WEST YARMOUTH , MA 02673 30/ 9/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 30/ 7/ / / TORREY BARBARA L (LIFE EST) 138 NO MAIN ST EAST LONGMEADOW , MA 01028 30/ 95/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664 30/ 96/ / / QUELL META 8 JOANNE COURT WEST SAND LAKE , NY 12196 30/ 97/ / / SEAWARD KENDRA A & JOHN W TRS THE BRADFORD & MARY LOU SEAWARD 233 QUASSETT RD POMFRET CENTER , CT 06259-1120 30/ 112/ / / WEIDHAAS OLAF H & DEBORAH A TRS THE WEIDHAAS FAMILY LIVINF TRUST 79 WEBSTER RD WEST YARMOUTH , MA 02673 22/ 47/ / / LAGUE SUSAN E C/O SUSAN E COLGAN 24 CREST CIRCLE WEST YARMOUTH , MA 02673 30/ 2/ / / SUNDERLAND CHARLES W (EST OF) C/O PILLING KATHERINE L 92 OLD CHARTER RD MARLBOROUGH , MA 01752 30/ 1/ / / PIRES CACIANO TRS PIRES HELENA TRS 27 UNION ST MILFORD , MA 01757 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 ___David Palmer__________________________________ 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 __17 Crest Circle, West Yarmouth_ D. Proposed work is _the raze and replace of an existing single-family dwelling. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _________________________________ Or Applicant’s representatives phone number _508-778-8919__________________ G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name _Hannah Raddatz, BSC Group, Inc_______________ Address _349 Route 28, Unit D_______________________ Town _West Yarmouth_____ State _MA__ Zip _02673____ Telephone _508-778-8919____________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. Photo 1: View of Riverbank to tidal, unnamed perennial stream at northern property edge. Looking northeast Photo 2: View of Riverbank to tidal, unnamed perennial stream at northern property edge. Looking northeast. Site Photographs September 2021 17 Crest Circle West Yarmouth, MA Page 1 Photo 1: View existing single-family dwelling at 17 Crest Circle from northwestern property boundary. Looking southeast Photo 2: View existing single-family dwelling at 17 Crest Circle from northeastern property boundary. Looking southwest. Site Photographs September 2021 17 Crest Circle West Yarmouth, MA Page 2