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HomeMy WebLinkAboutNOI Nov 2022TRANSMITTAL down cape engineering, inc civil engineers & land surveyors DATE: 11-17-22 FROM: Heather Marie Cornell Cc: File o Town of Yarmouth NOI Administrative check list o WPA Form 3 — NOI including submission receipt o Project narrative including environmental assessment o USGS locus map o Certified Abutter list o Abutter notification letter o Site plan of 3 Andrina Road, 1 stamped, 7 copies, 18x24 dated 1111-22 o Bylaw fee, town NOI fee and advertising fee o Certified Mail receipts for abutters o Site access authorization Please call/email should you have any questions DOWN CAPE ENGINEERING, INC. 939 MAIN ST, SUITE C YARMOUTHPORT, MA 02675 PHONE: 508-3624541 03 FAX: 508-362-9880 E-MAIL: hcornell@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. N 1 �+ 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) J1 original hardcopy NOI application with original signatures (double sided). Typed signatures will not be accepted. 1 hardcopy 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 hardcopy 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. All abutters must be notified via certified mail. �/ 1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed &existing conditions, native species, size and spacing. JA pdf copy of the entire signed application, supporting information listed above, and plan emailed to ,,) bdirienzo(a�yarmouth.ma.us. Please list project property's street address in the pdf file name. V Submit Certified Mail Receipts (PS Form 3800) for all abutters. n1 i� If applicable, 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 bdirienzo(a�yarmouth.ma.us. N I w Waterways jurisdiction —Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Yaz-mouth Conservation Commission • 1146 Route 28 •South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 bdu•ienzo@yannouth.ma.us Rev 9/2022 Page 1 of 2 Yarmouth's share of State filing fee: separate check made payable to "Town of Yarmouth" (refer to NOI 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 submittal 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 the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP's request listed as "YARMOUTH - NOI -Street Address -Applicant Name" and copied to bdirienzo(a�yarmouth.ma.us. We must receive a copy of this email with the application as proof that it zp! has been submitted 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/permits 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 hduienzo chi yarmouth.ma.us Rev 9/2022 Page 2 of 2 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 Transaction ID: Document: DOWNCAPE 1433109 WPA Form 3 - NOI Size of File: 247.46K Status of Transaction Date and Time Created Submitted 11/16/2022:4:38:37 PM 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 Provided by MassDEP: MassDEP File #: eDEP Transaction #:1432927 City/Town:YARMOUTH A.General Information 1. Project Location: a. Street Address 3 ANDRINA ROAD b. City/Town YARMOUTH c. Zip Code d. Latitude 41.64043N e. Longitude f. Map/Plat # 17 g.Parcel/Lot # 2. Applicant: 02673 70.23854W 45 Individual � Organization a. First Name EDWARD b.Last Name STAFFORD c. Organization LEWIS BAY MANAGEMENT LLC d. Mailing Address 64 HERITAGE DRIVE e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673 h. Phone Number i. Fax j. Email 3.Property Owner: r more than one owner a. First Name DMITRY & MARINA b. Last Name BERDICIIEVSKY c. Organization d. Mailing Address 89 ADELINE ROAD e. City/Town NEWTON f.State MA g. Zip Code 02459 h. Phone Number i. Fax j.Email 4.Representative: a. First Name DANIEL A. b. Last Name O7ALA cOWN CAPE ENGINEERING, INC . Organization D. d. Mailing Address 939 ROUTE 6A e. City/Town YARMOUTH PORT f State MA g. Zip Code 02675 hThone Number 508-3624541 i.Fax 508-362-9880 j.Email info@downcape.com S.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Forni): a.Total Fee Paid 110.00 b.State Fee Paid 42.50 c.City/ I own Fee Paid 67.50 6.Genen�al Project Description: PROPOSED SECOND STORY RENOVATIONS TO AN EXISTING SINGLE FAMILY DWELLING. EXISTING SECOND STORY DECK AND STAIRWAY WILL BE REMOVED AND LIVING SPACE ADDITION AND NEW DECK WILL BE BUILT IN IT'S PLACE, 7a.Project Type: 1. Tv Single Family Home 2. r Residential Subdivision 3.r Limited Project Driveway Crossing 4. r CommerciaUlndustrial 5.r Dock/Pier 6. r Utilities 7.1' Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9.r Transportation 10. r Other Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1432927 WPA Form 3 - Notice of Intent Cityf I'own:YARMOLTI`H Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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)? l . r Yes 1✓ No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: h.Certificatee, c.Book: d.Pagee BARNSTABLE 27551 92 B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): r' 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 l . linear feet 2. linear feet b.I" Bordering Vegetated Wetland 1. square feet 2. square feet c.i Land under Waterbodies and Waterways 1. Square feet ' 2. square feet 3. cubic yards dredged d.)—' Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. r Isolated Land Subject to Flooding 1. square feet 2, cubic feet of flood storage lost 3. cubic feet replaced f. r%o Riverfiont Area 1. Name of Waterway (if any) 2. Width of RiveiTiont Area (check one) ' 25 $. -Designated Densely Developed Areas only 100 ft. -New agricultural projects only rV 200 ft. - All other projects 3. Total area of Riverfiont Area on the site of the proposed project 16540 square feet 4. Proposed Alteration of the Riverfront Area: 453 453 0 a. total square feet b. square feet within 100 ft, c. square feet between 100 ft. Page 2 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 and 200 ft. Provided by MassDEP: MassDEP File #: eDEP Transaction #:1432927 City r/Town:YARMOUTH 5. Has an alternatives analysis been done and is it attached to this NOI? 6. Was the lot where the activity is proposed created prior to August 1, 1996? 1✓ Yesr` No 1� 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 c. r Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below I. r' Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.r Coastal Dunes 1. square feet 2, cubic yards dune nourishment £1✓ Coastal Banks 0 1. linear feet g. r Rocky Intertidal Shores 1, square feet h.ry Salt Marshes 0 1. square feet 2. sq ft restoration, rehab, crea. i f Land Under Salt Ponds 1, square feet 2. cubic yards dredged j.1" Land Containing Shellfish 1. square feet k.r FishRuns Indicate size under Coastal Banks, Tiiland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1, cubic yards dredged 1.1✓ Land Subject to Coastal 453 Storm Flowage 1. square feet ,Restoration/Enhancement r Restoration/Replacement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet of BVW b. square feet of Salt Marsh SYrojects Involves Stream Crossings Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1432927 WPA Form 3 - Notice of Intent CityfI'own:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 l Project Involves Streams Crossings If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement sh eam crossings C. Other Applicable Standards and Requirements 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 of Endangered Species program (NHESP)? a. r' Yes 1✓ 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 10.18).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2.1' Assessor's Map orright-plan of site 3. F Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** a. f Project description (including description of impacts outside of wetland resource area & buffer zone) b.l' Photographs representative of the site c. l" MESA filing fee (fee information available at: http•//www mass Gov/eea/agencies/dfgldfw/nahuaI herita�eheaulatory- review/mass endangered-species-act-mesa/mesa-fee-schedule.html ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. i Vegetation cover type map of site e. f' Project plans showing Priority &Estimated Habitat boundaries d. OR Check One of the following 1. r� Project is exempt fiom MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http //www mass cov/cca/agencies/dfUdfw/laws-red=ulations/cnu•/321-cmr-1000-massachusetts-endans:ered- species-act.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. r Separate MESA review ongoing. a. NHESP Tracking Number Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1432927 WPA Form 3 - Notice of Intent Cityffown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 b. Date submitted to NHESP 3.1� Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. * Some projects not in Estimated Habitat 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 run? a. F Not applicable - project is in inland resource area only b. r' Yes ry No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station 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)? If yes, provide name of ACEC (see instructions to WPA a. F' Yes 1✓ No Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC Name 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4a00? a. r Yes 1`v No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, 105)? a. i-' Yes ry No 6. Management Standards? Is this project subject to provisions of the MassDEP Stormwater a.l=' Yes, Attach a copy of the Stoimwater Report as required by the Stonnwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook r Vol .2, Chapter 3) 2. A portion of the site constitutes redevelopment l� 3' Proprietary BMPs are included in the Stomiwater Management System No, Explain why the project is exempt: rk/ Single Family Home Page 5 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MaSSDEP File #: eDF,P Transaction #:1432927 City/Town:YARMOUTH Emergency Road Repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family l housing project) with no discharge to Critical Areas, D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following infonmation you submit to the Department by regular mail delivery. I . USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the 1✓ Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland rY, [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). l✓ 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. ry a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 3 DANIEL A OJALA P.E. I I-11-2022 ANDRINA ROAD P.L.S. 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. 1=" 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. r Page 6 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: eDEP Transaction #:1432927 Bureau of Resource Protection -Wetlands City/Town:YARMOUTH WPA Form 3 - Notice of Intent AA assachusetts Wetlands Protection Act M.G.L. c. 131 M, bf E. Fees t. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commomvealth, 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 N(Y Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number d. Sta Veck Number 6. Paver name on check: First Name 3. F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailin n writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project locatii 1. Signantre of 2. 11 /15/2022 3. Signature of Property Owner(if different) 4. Date UQ 5. Signature of Representative (if any) _ 6. Date ��MtcL%� -�J 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 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1432927 City/Town:YARMOUTH Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name EDWARD b.Last Name STAFFORD c. Organization LEWIS BAY MANAGEMENT LLC d. Mailing Address 64 HERITAGE DRIVE e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673 h. Phone Number i. Fax j. Email 2.Property Owner:(if different) a. First Name DMITRY & MARINA b. Last Name BE RDICHEVSKY c. Organization d. Mailing Address 89 ADELINE ROAD e. City/Town NEWTON f.State MA g. Zip Code 02459 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 3 ANDRINA ROAD b. City/Town YARMOUTH Are you exempted from Fee? r' (YOU HAVE SELECTED NO') 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 Activity Activity Fee RF Multiplier Sub Total Activity, Type Number A.) WORK ON SINGLE FAMILY LOT; ADDITION, 1 110.00 110.00 POOL, ETC.; 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 11/16/22, 4:37 PM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System *°'.f ,s E..'r ' r >l t , r. Fit r f _'t s °� e•..' 2i .3 Si.. ,t.. MassDEP Home i Contact i Privacy Policy . �� � � -�.,F , CReceipt Forms Attach Files Signature Payment Receipt Summary/Receipt print: receipt Exit Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1432927 Date and Time Submitted: 11/16/2022 4:37:43 PM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 3 ANDRINA ROAD General Description: PROPOSED SECOND STORY RENOVATIONS TO AN EXISTING SINGLE FAMILY DWELLING. EXISTING SECOND STORY DECK AND STAIRWAY WILL BE REMOVED AND LIVING SPACE ADDITION AND NEW DECK WILL BE BUILT IN IT'S PLACE. Applicant Information Name: EDWARD STAFFORD Company: LEWIS BAY MANAGEMENT LLC Address: 64 HERITAGE DRIVE, 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) My eDEP MassDEP Home i Contact i Privacy Policy MassDEP's Online Filing System ver.16.2.0.0© 2022 MassDEP https://edep.dep.mass.gov/eDEP/Pages/PrintReceipt.aspx 1/1 NOTICE OF INTENT #3 Andrina Road, West Yarmouth PROJECT NARRATIVE The applicant is pleased to submit a Notice of Intent application to construct proposed 2"d story house additions on an existing developed property. The 16,744 s.f. property is improved with an existing 3- bedroom single-family dwelling that was constructed in 1950 according to assessors' records. It is bordered to the south by a residence and to the west by a salt marsh and coastal bank. The site is located within FEMA flood zones AE EI. 12 And Zone X. All construction associated with the additions will be located within areas that have already been developed with existing structures, lawn and landscaping. The proposed work will be within the inner and outer riparian zones of the riverfront to the west. No new bedrooms are proposed and the existing septic system will remain. The resource areas and their associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering. A work limit line of staked silt fence backed by coir logs is proposed downgradient of all proposed work. All work limit lines shall remain in place until all construction is completed and areas are planted and stable. Preconstruction activities will include the installation of erosion control fences as shown on the site plans. A staging area is also proposed in the existing driveway area. 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. Coastal Bank (310 CMR 10.30) A Costal Bank exists at the top of the slope down to the river. The Coastal Bank was delineated in accordance with the Wetlands Program Policy 92-1. There is an existing wooden stairway that is located 8.6' from the Coastal Bank at its closest point. That structure is proposed to be removed. The bank's ability to control floodwaters will not be changed by any of the proposed work. Salt Marsh (310 CMR 10.32) The edge of the salt marsh was flagged by Paul Shea of Independent Environmental Consultants, Inc. and located by Down Cape Engineering. All proposed work will be further away than existing structures and will be elevated above grade. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete, and the site is stabilized. The salt marsh will continue to act fully in its capacity to provide habitat and food sources for wildlife. -1- Riverhont Area (310 CMR 10.58) The entire site lies within the Rivenront Resource Area. The edge of the river,Inner and 200 Riparian Zones are all shown on the site plan. The lot and existing dwelling pre -date the Rivers Act (1996). Section 10.58(5) of the Wetland Protection Bylaw allows redevelopment of a previously developed area, provided the proposed work improves existing conditions. There is a proposed decrease in hardscape of 45 s.f. with the project. The proposed work will take place within existing developed areas and will have no adverse impacts on the riverfront area. (a) The lot is previously developed and the proposed work will result in an improvement over the existing conditions. (b) Roof drywells are proposed and will decrease the surface runoff. (c) The proposed work is further away from the river than existing structures. (d) See (g) (e) See (g) (f) See (g) (g) A net decrease in hardscape of 45 s.f. is proposed within the riverfront area. (h) No mitigation proposed. Land Subject to Coastal Storm Flowage The site is affected by a 100 year flood zone (AE el. 12). No fill is proposed so construction and grading activities will have no effect on the 100 year flood elevation. All construction work will conform to the flood zone and building code standards. Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations: The proposed construction activities will not have a deleterious effect upon any wetland values as listed in the Bylaw and Wetlands Protection Act. The proposed additions will be located on the 2�d level, will be located within existing developed areas and result in a net decrease of hardscape. The silt fence will contain all construction activities. Roof drainage will be mitigated utilizing downspouts to drywells or drip lines to stone trenches. All machinery will access the areas of proposed construction through the existing roadway. A silt fence will be installed downgradient of any proposed work. Alternatives Analysis The existing site could remain as is, but the owners would like to renovate and update the existing dwelling to allow for an increase in useable space within the dwelling. The existing foundation and house will remain. The proposed construction will be added to the existing structure and will allow for a greater setback distance to the resource areas than what currently exists with the removal of the existing wooden stairs. The applicants could have opted for an addition on the first floor, but they would like to take advantage of the views the second level provides. This also allows for less construction disturbance within the buffer zones to the resource areas. -2- INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-274-0310 June 15, 2021 Heatherlee Vermette Down Cape Engineering, Inc. 939 Main Street Yarmouthport, MA 02675 Re: 3 Andrina Road, West Yarmouth, MA Ms. Vermette, This letter is an environmental assessment report concerning the above mentioned residential property located at 3 Andrina Road, West Yarmouth. The property is located at the intersection of Andrina Road and Lewis Bay Road, Independent Environmental Consultants, Inc. (IEC) conducted as site inspection and evaluation of the subject property on &15-21, to delineate the boundary of wetlands located within the property. This site inspection occurred during the spring season, during full leaf -out conditions. The day of inspection was cloudy and 73 degrees. The subject property contains and existing residential house, and outbuildings. Existing topography drops down in elevatidn in the backyard, to a saltmarsh. The low-lying saltmarsh area is subject to coastal flooding. Sections of this property are classified as land subject to coastal storm flowage (100 year flood zone). The coastal wetland resource area continues off property. The salt marsh contains greater than 50% wetland plant species, hydric soils, saturated soils, and high groundwater conditions. IEC has delineated the edge of wetlands with the flags A — A5. There is a 50' buffer zone and a 100' buffer zone measured from the edge of wetlands. The salt marsh is located directly adjacent to Lewis Bay Road at wetland flag A, and the salt marsh is located within the backyard of this subject residential property. A minor coastal bank is located at the edge of wetlands, within the area of wetland flags A1— A5. The saltmarsh continues off property. The subject wetland resource areas, and wetland buffer zones, are under the jurisdiction of the Yarmouth Conservation Commission, and DEP Wetlands SERO. Paul J. Shea, PWS President 11 /16/22, 8:25 AM tv_browse.pl(7439X8897) .EUSGS U.S. OEU.SpGE�OE�GESURVEY RNIR .....r.R..�, :r--- �- .....�......A..� 'I �:: USS Topo suaE I:1� 000 DENNIC QUAUMNNC YASfK11UfEm• RWM1tAY[CwRn 1.LIYIRII[EGNs �. ...d� ��..�...—p.� p...... '._,...., CCNNIC. M .e....m 10R� https://ngmdb.usgs.gov/ht-bin/tv_browse.pl?id=917a74498dfcd519d5b479de3ddceddf 1 /1 17/ 90.1/ JOHNSTON JEROME J SR JOHNSTON CYNTHIA W 56 BENT TREE LN MONTGOMERY , TX 77356 17/ JARVIS LINDA K TRS 28 LEWIS BAY RD REALTY TRUST 87 HICKORY LN WEYMOUTH , MA 02191 17/ 47l I I BROWN MARILYN A SOUTHWORTH FRANK 21 MADDOX DR NE ATLANTA , GA 30309=2732 BOLAND WILLIAM P JR TRS BOLAND MARY A 21 CHANDLER ST BRADFORD , MA 01835=7219 17/ 45l l I BERDICHEVSKY DMITRY BERDICHEVSKY MARINA 89 ADELINE RD NEWTON , MA 02459 17/ 43l l l HUDSON KIRK M HUDSON SANDRA P 9125 LAKELAND VALLEY COURT SPRINGFIELD , VA 22153 17/ 67l l l TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 026644463 STEDMAN KATHLEEN A 12 THATCHER ST QUINCY , MA 02170-1924 POLI FRANCIS C 75 REDDING RD FAIRFIELD , CT 06824 MANNING HELEN T (PERS REP) 108 CROWELL RD WEST YARMOUTH , MA 02673 17/ 90.2/ WRIGHT ALFRED P JR WRIGHT DEBORAH L P O BOX 414 WEST YARMOUTH , MA 02673 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 3 Andrina Rd., West Yarmouth, MA 02673 Assessors Map 17, Lot 45 Andy Maak�ado, Director of Assessing October 5, 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: A. The name of the applicant is Dmitry &Marina Berdichevsky 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 3 Andrina Road, West Yarmouth D. Proposed work is PROPOSED SECOND STORY RENOVATIONS TO AN EXISTING SINGLE FAMILY DWELLING, EXISTING SECOND STORY DECK AND STAIRWAY WILL BE REMOVED AND LIVING SPACE ADDITION AND NEW DECK WILL BE BUILT IN IT'S PLACE. 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 508-362-4541 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 Daniel A Ojala P.E., P.L.S. Address 939 route 6A Town Yarmouthport State MA Zip 02675 Telephone 508-3624541 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. DEPARTMENT OF CONSERVATION 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: 3 Andrina Road, West Yarmouth, MA Assessors Map/Lot: Map 17, lot 45 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. M) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: Please Print Name: Marina Berdichevsky If other than owner, please state whether tenant, agent, or other: Mailing Address: Newton, MA 02459 Phone: Email: marinaberd0616@gmail.com Cell: Fax: Date: 11-15-22 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