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HomeMy WebLinkAboutNOITRANSMITTAL DATE: 10/3/2022 FROM: Heather Marie Cornell Town of Yarmouth Conservation Commistion Method of Delivery: Hand deliver 51 Abells Road West Yarmouth, MA Enclosed is the NOI filing for 51 Abells Road, West Yarmouth. Including: • Yarmouth check list • WPA Form 3 NOI Filing • Project narrative • USGS Locus map • Abutter list • Abutter notification letter • eDEP confirmation receipt • $100.00 Bylaw fee $67.50 town fee $10.00 legal ad fee • Site plans — 8 of 51 Abells Road, West Yarmouth, dated 9/19/2022 Cc: File Please call/email should you have any questions DOWN CAPE ENGINEERING, INC. 939 MAIN ST, SUITE C YARMOUTHPORT, MA 02675 PHONE: 508-3624541 X103 FAX: 508-362-9880 E-MAIL: heather@downcape.com CONSERVATION OFFICE 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 Administratively 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. i� i 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 I ssue 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. v 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. V/A pdf copy of signed application, supporting information, and plan emailed to bdirienzo(a)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. P, 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 bdirienzo6EOyarmouth.ma.us. IWaterway'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. Yarmouth Conservation Commission • 1146 Route 28 •South Yarmouth, MA 026644492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 8/2022 Page 1 of 2 J State filing fee: separate check, Refer to Wetland Fee Transmittal Form -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/Filinq-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 bdirienzo dC yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. �i 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 It, 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 Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 8/2022 Page 2 of 2 DEPARTMENT OF CONSERVATION In order to properly and accurately evaluate the potential or real effects of proposed projects: (a) All "Notice of Intent" and "Abbreviated Notice of Intent" applications shall be accompanied by plans prepared and stamped by a professional land surveyor or qualified professional engineer, whichever is applicable. The Commission may waive this requirement at its discretion. (b) All "Request for Determination of Applicability" applications shall be accompanied by a sketch or drawing showing as much detail as possible but will not require a professional land surveyor or professional engineer's services. (c) If the plans require a qualified professional engineer, his or hers stamp shall include his or hers signature and discipline within it. (d) Professionally prepared plans must show and label all relevant "Resource Areas" in proximity to the project. Labels shall reference these areas as they appear in Part 2 and Part 3 of the Wetland Protection By-law regulations. (e) All filings must be accompanied by a Town of Yarmouth locus map. (f) All professionally prepared plans shall show the immediate abutters of the project property. (g) All professionally prepared plans for projects within or directly adjacent to tidal zones shall utilize N.G.V.D. benchmarks and indicate mean high and mean low water locations. (h) All plans and drawings shall indicate linear measurements depicting setbacks from wetlands to all pertinent structures. (i) All revised plans shall show revision date and must indicate the nature of the revision within the notes. (j) Topographical variation must be show on all professionally prepared plans. 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 Massachusetts Department of Environmental Protection Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1417818 Document: WPA Form 3 - NOI Size of File: 247.40K Status of Transaction: In Process Date and Time Created: 10/3/2022:10:46:41 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 Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: Provided by MassDEP: MassDEP File #: eDEP Transaction #:1417818 City/Town:YARMOUTH aI Street Address 51 ABELLS ROAD b. City/Town YARMOUTH c. Zip Code d. Latitude 41.65378N e. Longitude f. Map/Plat # 39 g.Parcel/Lot # 2. Applicant: 1✓' Individual � Organization a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3.Property Owner: 1' more than one owner a. First Name C. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: a. First Name DA-NTMT c. Organization d. Mailing Address e. City/ Town h.Phone Number DEREK J. AND JILLIAN M. b.Last Name 51 ABELLS ROAD WEST YARMOUTH i State MA i. Fax DEREK J. AND JILLIAN M. 51 ABELLS ROAD YARMOUTH PORT b. Last Name f.State MA i. Fax A. b. Last Name DOWN CAPE ENGINEERING iNC 939 ROUTE 6A, SUITE C YARMOUTH PORT f. State MA 508-362-4541 i.Fax 508-362-9880 FOWLER g. Zip Code j. Email FOWLER 70.24033W 2 02673 budd7780@yahoo.com g. Zip Code 02675 j.Email budd7780@yahoo.com OJALA, PE, PLS g. Zip Code 02675 j.Email info@downcape.com S.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee TransrnittalForni): a.Total Fee Paid 110.00 b.State Fee Paid 42.50 c.City/ I own Fee Paid 67.50 6.General Project Description: PROPOSED DRIVEWAY EXPANSION, GRADING AND RESTORATION PLANTINGS. 7a.Project Type: I,ry Single Family Home 2. r Residential Subdivision 3. r Limited Project Driveway Crossing 4. r Commercial/Industrial 5.F Dock/Pier 6. i' Utilities 7. r Coastal Engineering Stnicture 8. r' Agriculture (eg., cranberries, forestry) 9. f Transportation l0. r 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 CMR 10.53 (inland)? Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Transaction #:1417818 Bureau of Resource Protection - Wetlands eDeDEP EPbwn:YARMOUTH WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. i Yes r No If yes, describe which limited project applies to this project: 2. Limited Project .Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Booke d.Page: BARNSTABLE 31524 72 B. Buffer Zone &Resource Area Impacts (temporary &permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): ry 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) a.I"' Bank I. linear feet 2. linear feet b.r' Bordering Vegetated Wetland 1. square feet 2. square feet c.l Land wider Waterbodies and Waterways 1. Square feet 2. square feet 3. cubic yards dredged d. i Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e.I" Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. f Riverfiont Area 1. Name of Waterway (if any) 2. Width of River&ont Area (check one) 1`V 25 ft. -Designated Densely Developed Areas only 100 fl. -New agricultural projects only r 200 ft. - All other projects 3. Total area of Riverfi•ont Area on the site of the proposed project square feet 4. Proposed Alteration of the Riverfiont Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 fl. 5. Has an alternatives analysis been done and is it attached to this NOI? I' Yesh No Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1417818 WPA Form 3 - Notice of Intent Cityffown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yesr No 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 cor Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d. f" Coastal Beaches L square feet 2o cubic yards beach nourishment e.i Coastal Dunes 1. square feet 2. cubic yards dune nourishment f. r' Coastal Banks I . linear feet g. r Rocky Intertidal Shores 1. square feet h. r Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. i.I'' Land Under Salt Ponds I. square feet 2. cubic yards dredged j. r Land Containing Shellfish 1. square feet k. r� 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 I. I` Land Subject to Coastal Stonn Flowage 1. square feet 4.Restoration/Enhancement 1r' Restoration/Replacement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet of BVW b. square feet of Salt Marsh S.Projects Involves Stream Crossings r Project Involves Streams Crossings If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a. number of new sri•eam crossings Provided by MassDEP: MassDEP File #: eD ,P Transaction #:1417818 City/Town:YARMOUTH b. number of replacement sheam crossmgs 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)? a, r Yes ry 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 b. Date of map:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 1 us 14114 c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1.1-` Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. r Assessor's Map orright-plan of site 3.I, Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** a• r Project description (including description of impacts outside of wetland resource area & buffer zone) b• r Photographs representative of the site c•r MESA filing fee (fee information available at: http•//www mass aov/eea/agencies/dfWdfw/natural-heritage/reaulatorv- review/mass-endan e red-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.1� Vegetation cover type map of site e. ` Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. i Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http•//www mass gov/eea/acenctesiar� §pecies-act hhnl#10.14; the NOI must still be sent to b. Date submitted to NHESP 3.1" Separate MESA review completed. NHESP if the project is within estimated habitat pursuant to 310 CMR Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1417818 WPA Form 3 = Notice of Intent CitylI'own:YARMOU'IT-I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Include copy of NHESP "no Take" determination or valid Conservation &Management Permit with approved plan. * Some projects not in Estimated Habitat may be 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 nm? a. Ile Not applicable - project is in inland resource area only b. I' Yes r No Ifinclude 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 wn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Ifprovide name of ACEC (see instructions to WPA Forn 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. I"' Yes 1✓ No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Restriction Act a. r Yes rvp No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. h 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 i` Vol.2, Chapter 3) 2' A portion of the site constitutes redevelopment 3' Proprietary BMPs are included in the Stormwater Management System f� No, Explain why the project is exempt: lf.'. Single Family Home Emergency Road Repair Page 5 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Transaction #:1417818 Tr Bureau of Resource Protection - Wetlands Ci eDEP EP Trn:YARMOUTH WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units inmulti-family fr 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 rv' Conservation Comnrission 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 1✓ [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). W 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 51 DANIEL A, OJALA, ABELLS ROAD WEST September 19, 2022 P.E., P.L.S. YARMOUTH, MA 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Fonn. i✓ 9. Attach Stormwater Report, if needed. Page 6 of 7 *ELECTRONIC COPY n Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1417818 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees 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 2. Municipal Check Number 4. State Check Number 6. Payer name on check: First Name and 2 of the NOI Wetland Fee Trans t9 3. Check date ttal Form) to confirm fee payment: Z2 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 time 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. 1. Signature of Applicant �j 3. of Representative (if any) For Conservation Commission: 2. Date 4. Date 6. Date �r 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 Comrission by certified rnail or hand delivery. For MassDEP: One copy of the corpleted Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, anA 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, Iterns 1-3, above, refer• to that section and the Instmctions for• additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page 7 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Wetland FeeTransmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MaSSDEP File #: eDEP Transaction #:1417818 City/Town:YARMOUTH A. Applicant Information 1. Applicant: a. First Name DEREK J. AND JILLIAN M. b.Last Name FOWLER C. Organization d. Mailing Address 51 ABELLS ROAD e. Cityfrown WEST YARMOUTH f. State MA g. Zip Code Are you exempted from Fee? h Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees ActivityType Activity Activity Fee Yp Number A.) WORK ON SINGLE FAMILY LOT; ADDITION, 1 110.00 POOL, ETC.; 02673 02675 budd7780@yahoo.com G'7_�[�Ii1f101 1tF Multiplier Sub Total 110.00 City/Town share of filling fee State share of filing fee Total Project Fee $67.50 $42.50 $110.00 ' Page 1 of 1 *ELECTRONIC COPY NOTICE OF INTENT #51 Abells Road, West Yarmouth PROJECT NARRATIVE The applicant is pleased to submit an after the fact Notice of Intent application for clearing, grading, and a proposed expanded driveway on an existing developed property. The 40,562 s.f. property is improved with an existing single-family dwelling. It is surrounded by residences and is bordered to the North and West by Bordering Vegetated Wetlands. The resource areas and their associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering, An Enforcement Order was issued to the owner for unpermitted clearing and grading within the buffer zone to a vegetated wetland. The project consists of restoring disturbed areas within the 35' buffer with native species plantings, expansion of the existing driveway and re -grading within the 100' buffer. A circular gravel driveway expansion is proposed in the front of the dwelling. A work limit line of staked silt fence has been established at the edge of the disturbed areas. All work limit lines shall remain in place until all construction is completed and areas are planted and stable. Exposed soils will be loamed and seeded within 30 days of completion of the work and final grading work as weather permits. No work will take place within any resource area or within Priority/Estimated Habitat of endangered species. Bordering Vegetated Wetland (310 CMR 10.55) The Bordering Vegetated Wetland was flagged by Brad Hall of BLH Environmental Consulting and located by Down Cape Engineering. The closest part of the proposed driveway will be 50.1 to the BVW. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete and the site is stabilized. The BVW will continue to act fully in its capacity to provide habitat and food sources for wildlife. The proposed restoration plantings will help enhance this buffer and provide additional protection and wildlife habitat. Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw: The proposed construction activities will not have a deleterious effect upon any wetland values as listed in the Bylaw. The silt fence will contain construction activities. Approximately 30 cubic yards of fill is proposed to help level the proposed driveway area. Construction Protocol All machinery will access the areas of proposed construction through the existing driveway. The surveyor will confirm the 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. The plantings will be installed, driveway will be constructed, and final grading and landscaping will be installed. The silt barrier will not be removed until the site is fully stabilized. -1- Alternatives Analysis The existing site could remain as is, but the existing driveway is awkwardly shaped. The circular drive will provide space for multiple cars to be parked and still allow for easy exit on the street. Raising the grade of the driveway will provide a more level parking area. Pervious pavers could be installed in lieu of the proposed gravel, but the cost difference is signcant. A retaining wall could be constructed rather than the re -grading shown. That would add to the hardscape within the buffer and would also add significant cost to the project. -2- L w USGS U.S. OEU S, GEOLOGIPARTMENT OUL SURVF THE EY ERIOR b/�UnI1M�rr GeWOSkY Sv,ry Yiw,IRW� I y.w rn}ew..w .neW ,rt MsvaIIVW.. r,M �NMY � tiM.PUYI� u�f vw,r _—��yllm gIIllnY� Mart _aYp v.ec n. r 1� isir �,Y�w Yiwv/ Io1 Nu MYrYI6/ ►:: US Topo SULE 1:21000 ReaulIIGwsdw +K iw ul�es'IIIwbLL f �Kw �a'�I�Mtttw DENNIS QUADRANGLE NASSACNUSETTS • EAIINSTAELE COUNTY 7*5,41 TE SERIES I;enw YawYwww M �Yvuwnvu �Nrn OWnnw DENNIS, MA 1021 391 37/ / ! HODGMAN PARKER HODGMAN B L & DIEMER P L TRS 64 HIGGINS CROWELL RD WEST YARMOUTH , MA 02673 39/ 381 / / YARMOUTH CONSERVATION TRUST P O BOX 376 YARMOUTH PORT , MA 02675 39/ SYKI LLC 144 BERRY AVE WEST YARMOUTH , MA 02673 FOWLER DEREK J FOWLER JILLIAN M 51 ABELLS RD WEST YARMOUTH , MA 02673 WREN TIMOTHY J WREN KAREN S 43 ABELLS ROAD WEST YARMOUTH , MA 02673 39/ 345/ ADAMS PHILLIP A ADAMS SHEILA M 40 ABELLS RD WEST YARMOUTH , MA 02673 LEONARDO ROSEMARY E LEONARDOJOSEPH 100 PAINE ST UXBRIDGE , MA 01569 WOJNAR ROBERT J WOJNAR NANCY 690A OLD NASSAU RD MONROE TOWNSHIP , NJ 08831 DENNIS MARIA F 5 WOODVILLE ST ROXBURY, MA 02119 JAZWIERSKI EWA 74 HIGGINS CROWELL RD WEST YARMOUTH , MA 02673 39/ 36/ ANDERSONJOSHUAJ ANDERSON ERICA M 68 HIGGINS CROWELL RD WEST YARMOUTH , MA 02673 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 51 Abells Rd., West Yarmouth, MA 02673 Assessors Map 39, Lot 2 Andy fVl�(chado, Director of Assessing August 19, 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: DD A. The name of the applicant is t L Be 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 T:"- I :bC S Rd' CV ' vap'�� � D. Proposed work is �l?I>USC� �ir� V��V a� e��yly�'� �� 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 3b 2 �"�/1 [� Or Applicant's representatives phone number 500J _ [ J ` 1 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 DnliUl� �` '! VtP CKi V`qe�, I U1 Address Q� q � U Town Pod 111' `State NU (� Zip 0L& I Telephone 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. 10/3/22, 11:12 AM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System Receipt Summary/Receipt MassDEP Home i Contact � Privacy Policy Username:DOWNCAPE Nickname: DCE DEP Forms Signature _ n Payment � .v v. Re bpi 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: 1417818 Date and Time Submitted: 10/3/2022 11:12:10 AM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 51 ABELLS ROAD General Description: PROPOSED DRIVEWAY EXPANSION, GRADING AND RESTORATION PLANTINGS. Applicant Information Name: DEREK J. AND JILLIAN M. FOWLER Company Address: 51 ABELLS ROAD, WEST YARMOUTH, MA, 02673 Payment Information Your fee for the state share is $: 42.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 21-395 Fowler Site Plan 9-19-22 Abutter Notification Letter &List Project Narrative USGS Locus Map 'print receipt Exit My eDEP MassDEP Home (Contact i Privacy Policy MassDEP's Online Filing System ver.15.22.2.0© 07/15/2022 MassDEP https://edep.d ep. mass. gov/eDEP/Pages/P ri ntReceipt. as px 1/1