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Home My WebLink AboutNOIMMEnvironmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 Mike.Ball@MarshMattersEnvironmental.com MME www.marshmattersenv.com NOI – 143 Pawkannawkut Drive, South Yarmouth November 17, 2022 Mr. Edward Hoopes, Chairman Yarmouth Conservation Commission c/o Brittany DiRienzo, Conservation Administrator 1146 Route 28 South Yarmouth, MA 02664 RE: Notice of Intent - House Addition Project 143 Pawkannawkut Drive, South Yarmouth, Massachusetts Applicant / Owner: FLIEGEL – Cape Cod Oz Property II LLC Dear Ms. DiRienzo, Chairman Hoopes, and Conservation Commission members, On behalf Jordan Fliegel of the Cape Cod Oz Property II LLC, Marsh Matters Environmental (MME) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with proposed project site plan set, existing conditions photographs, project narrative, and other supporting documents proposing an addition to a single-family residence at 143 Pawkannawkut Drive in South Yarmouth, Massachusetts (the Site). MME files this NOI pursuant to the Massachusetts Wetlands Protection Act (MWPA)(M.G.L. c.131 §40) and the Yarmouth Wetland Protection Bylaw (Chapter 143), and in accordance with the implementing MWPA Regulations, the bylaw regulations, and the town’s Notice of Intent Administrative Checklist. MME attests that it will notify all property abutters on the enclosed Assessor’s office-provided list of this application and of the December 1, 2022, public hearing in accordance with local requirements. MME has enclosed the required filing fee checks. Please do not hesitate to contact MME by phone at 978.434.1228 (mobile/office), or by email at Mike.Ball@MarshMattersEnvironmental.com, should you require any additional information from MME or the applicant, or should you like to meet MME and/or the project engineer at the Site in advance of the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental enclosures CC: MassDEP SERO Cape Cod Oz Property II LLC David Rose JC Engineering 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 bdirienzo@yarmouth.ma.us Rev 9/2022 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 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. 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 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. 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. A pdf copy of the entire signed application, supporting information listed above, and plan emailed to bdirienzo@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. 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@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. CONSERVATION OFFICE X X X X X X N/A N/A TBD 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 bdirienzo@yarmouth.ma.us Rev 9/2022 Page 2 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@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it 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 X X X N/A X X MARSH MATTERS ENVIRONMENTAL Prepared for: Cape Cod OZ Property II LLC Notice of Intent Project Narrative 143 Pawkannawkut Drive, South Yarmouth, Massachusetts vMME_17 NOVEMBER 2022 MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE November 2022 Contents 1.0 Existing Conditions 2.0 Proposed Project Description 3.0 Regulatory Compliance MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE November 2022 1.0 Existing Conditions GEOGRAPHICAL SETTING: The applicant’s property at 143 Pawkannawkut Drive in South Yarmouth (the Site) is a 0.31-acre residential lot abutting Parkers River located one-half mile north of Thatcher Park Beach on Nantucket Sound and one-half mile south of Route 28 (Figure 2). EXISTING HOUSE AND GARAGE: According to property information obtained from Yarmouth Assessors, the original house was constructed in 1973 and is a two-story, two-bedroom house with approximately 1,994 sf of living area. A 432-sf garage / accessory structure sits adjacent to the house. WETLAND RESOURCE AREAS: Abutting Parkers River, which is a coastal waterway, the property is within the 200-ft wide Riverfront Area (310 CMR 10.58) and partially within the 100-ft jurisdictional buffer zone to Coastal Bank (310 CMR 10.30). The Coastal Bank is a man-made wooden bulkhead. COASTAL FLOODZONE: The entire property is within a Zone AE (El.11) coastal floodzone (FIRM Panel No. 25001C0588J) (Figure 4) and is, therefore, within Land Subject to Coastal Storm Flowage (310 CMR 10.04). DEGREE OF SITE DISTURBANCE: Similar to most properties that abutter Parkers River, the entire Site is completely altered (i.e., fill, structures, lawn and landscape establishment) from long-existing alterations associated with residential development activities occurring over many decades. LAND ELEVATIONS: Maximum land elevation change on the property is between approximately four and five vertical feet extending from elevation 2.0 feet (at the river’s wrack line) to approximately 6.0 feet at the road margin (see project site plan). RARE SPECIES HABITAT: The Natural Heritage and Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife maps no Priority Habitat of Rare Species or Estimated Habitats of Rare Wildlife on the Site. The nearest Priority Habitat is associated with the Parker River estuary to the west (see Figure 3). Wetland Resource Area ID and Boundary Determination Methods In advance of MME’s on-site observations on October 20, 2022, MME performed a desk-top review of available mapping resources and any documents that may have been provided by the applicant and project land surveyor as background material. MME reviewed all or some of the following data sources. Certain maps were used to produce a set of site locus figures, which are part of the NOI attachments. • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE November 2022 MME performs WRA identification and delineations in substantial accordance with the following publications: the Massachusetts Wetlands Protection Act and the implementing MWPA regulations (310 CMR 10.00 et seq.); Section 404 of the Clean Water Act (33 U.S.C. 1344); the Massachusetts Department of Environmental Protection (MassDEP) publication Delineating Bordering Vegetated Wetlands under the MWPA (1995); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub- surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. Entrance onto abutting property is usually incidental and often necessary in order to complete fieldwork and MME assumes that this entry, as well as establishment of wetland boundary flagging, has either been pre-approved, or is otherwise acceptable by the subject property owner and/or property abutters. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers (2016 updated version). For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive plant species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group (MIPAG). MME usually completes at least one set of MassDEP Bordering Vegetated Wetland Delineation Field Data Forms (Appendix Gs) when a Bordering Vegetated Wetland is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany this narrative / NOI and the information on the forms should be considered generally representative of plant community and soil profile conditions along the length of wetland boundary. Preparation of the attached site locus figures was part of MME’s desk-top review of the Site prior to observing site conditions. For determining the landward extent of Riverfront Area, in accordance with 310 CMR 10.58(2)(a)(2), MME identifies the mean annual high-water (MAHW) line by identifying visible markings or changes in the character of soils or vegetation due to the prolonged presence of water. These markings distinguish between predominantly aquatic and predominantly terrestrial land. For tidal rivers, in the absence of reliable tidal flood elevation information, MME typically determines the approximate MHW mark using topographic clues and, in certain instances, the observed landward extent of Spartina alterniflora growth. The project land surveyor then survey locates MME-set flag stations. MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE November 2022 2.0 Proposed Project As illustrated on the proposed project site plan set (Proposed Addition & Septic Plan, by J.C. Engineering, Inc., 6.18.2022 – revised 11.16.2022), living space will be added to the southwest corner of the house and a 2nd floor cantilevered balcony will be extended across the rear face of the house. As the majority of the addition will be constructed over an existing concrete patio (refer to photographs) and the balcony is a cantilevered structure, the total net structure footprint will only be approximately 42 sf. No replacement of existing hardscape or landscape is proposed at this time. Other than removal of a large holly bush located at the southwest corner of the house to accommodate construction work, only maintenance of over-grown foundation plantings will occur. As the house exterior is old and weathered, maintenance such as siding repair or replacement or window replacement may be performed. A septic system upgrade illustrated on the proposed project plan was recently approved by the Yarmouth Board of Health (copy of the October 25, 2022 permit is provided in NOI Attachment 3). Repair or replacement of the existing wooden dock, bulkhead, or decking at the river margin is not proposed at this time. The work limit will be defined by a continuous, staked-in siltation fencing (or as conditioned by the issuing authority) between the house and the river margin. 3.0 Regulatory Compliance The intent of this required project narrative is to describe existing conditions, explain proposed project elements, and demonstrate that the proposed project will substantially meet the applicable performance standards for wetland resource areas at the Site and that the proposed project will meet any requirements for activities proposed in the buffer zone. MME believes that no aspect of the proposed structural addition project will result in significant, direct or indirect, immediate or cumulative, adverse effect to the coastal wetland resource area characteristics, or to the ecological functions and services these resource areas provide. In accordance with local regulations, no portion of the proposed structural addition will occur within fifty horizontal feet of the Coastal Bank. MME believes that this project is eligible for an Order of Conditions approving the project, as the project meets all applicable coastal resource area performance standards met and the proposed work within the buffer zone will contribute to the protection of all of the Massachusetts Wetlands Protection Act and Yarmouth Wetlands Bylaw interests. 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 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): 143 PAWKANNAWKUT DRIVE a. Street Address SOUTH YARMOUTH b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.643059 d. Latitude -70.219362 e. Longitude 25 f. Assessors Map/Plat Number 23 g. Parcel /Lot Number 2. Applicant: JORDAN a. First Name FLIEGEL b. Last Name CAPE COD OZ PROPERTY II LLC c. Organization 169 METOXIT ROAD d. Street Address EAST FALMOUTH e. City/Town MA f. State 02536 g. Zip Code (617) 943-8750 h. Phone Number i. Fax Number JFLIEGEL3@GMAIL.COM j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner SAME 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): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644 g. Zip Code 978.434.1228 h. Phone Number i. Fax Number Mike.Ball@MarshMattersEnvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $165.00 a. Total Fee Paid $70.00 b. State Fee Paid $95.00 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 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town A. General Information (continued) 6. General Project Description: ADDITION TO SINGLE-FAMILY RESIDENCE 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) 35397 c. Book 188 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 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 PARKER RIVER (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: 13,500 square feet 4. Proposed alteration of the Riverfront Area: 42 SF a. total square feet 42 SF b. square feet within 100 ft. 0 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 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 42 SF (STRUCTURE FOOTPRINT INCREASE) 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 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 2022 MassMapper b. Date of map 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 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 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 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. PROPOSED ADDTION & SEPTIC PLAN a. Plan Title JC ENGINEERING,INC b. Prepared By JOHN CHURCHILL, P.E. c. Signed and Stamped by 11.16.2022 d. Final Revision Date 1" = 10' e. Scale ARCHITECTURAL FLOOR PLANS by ROSE ARCHITECTURE LLC f. Additional Plan or Document Title 9.8.2022 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: 948 2. Municipal Check Number 11.17.2022 3. Check date 949 4. State Check Number 11.17.2022 5. Check date MARSH MATTERS ENVIRONMENTAL 6. Payor name on check: First Name D.M. BALL 7. Payor name on check: Last Name MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 1 Site Locus Figures Existing Conditions Photographs FIGURE 1 – AERIAL PHOTO 143 PAWKANNAWKUT DRIVE, SOUTH YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL UPGRADED SEPTIC SYSTEM LOCATION - TO BE CONSTRUCTED (ALREADY BOH-APPROVED) PROPOSED 150-SF ADDITION AND BALCONY EXTENSION WORK LIMIT 1973 ORIGINAL CONSTRUCTION 0.31-ACRE LOT RIVERFRONT AREA INNER BOUNDARY (MHW) ENTIRE LOT IS WITHIN RIVERFRONT AREA AND WITHIN LAND SUBJECT TO COASTAL STORM FLOWAGE (ZONE AE – EL.11) FIGURE 2 – USGS TOPOGRAPHIC QUAD SITE LOCUS MAP 143 PAWKANNAWKUT DRIVE, SOUTH YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 3 – MassGIS Site Locus Map 143 PAWKANNAWKUT, SOUTH YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 4 – FEMA Flood Insurance Rate Map 143 PAWKANNAWKUT DRIVE, SOUTH YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location MMEnvironmental PHOTOGRAPH LOG Project / Client: FLIEGEL Location: 143 PAWKANNAWKUT DR. S. YARMOUTH Project No. Photo No. 1 Date: 10.20.2022 Photo Aspect: EAST Description: A TWO-STORY ADDITION WILL BE CONSTRUCTED ON THE EXISTING PATIO AND WILL EXTEND TO THE SOUTHERN EDGE OF THE EXISTING HOUSE. THE NEW FOUNDATION WILL EXTEND NO CLOSER TO THE WATER. Photo No. 2 Date: 10.20.2022 Photo Aspect: Description: A TWO-STORY ADDITION WILL BE CONSTRUCTED ON THIS EXISTING PATIO AND WILL EXTEND TO THE SOUTHERN EDGE OF THE EXISTING HOUSE. MMEnvironmental Photo No. 4 Date: 10.20.2022 Photo Aspect: WEST Description: THIS LAWN AREA IS THE LOCATION OF THE NEW RAISED SEPTIC SYSTEM. THERE ARE NO PLANS TO REMOVE THE MATURE TREE. PHOTOGRAPH LOG Project / Client: MORRISSEY Location: 143 PAWKANNAWKUT DR. S. YARMOUTH Project No. Photo No. 3 Date: 10.20.2022 Photo Aspect: ENE Description: THIS SECOND-STORY, CANTILEVERED BALCONY WILL BE RECONSTRUCTED AND BE EXTENDED 20 FEET TO THE SOUTH ACROSS THE NEW FACE OF THE HOUSE. MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 Project Site Plan Set (by JC Engineering, Inc.) Architectural Floor Plan Drawings (by Rose Architecture LLC) MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 Property Abutters-related Documents Administrative Forms Filing Fee Forms FIGURE 5 – Yarmouth Assessors Map – Abutters w/in 100’ 143 PAWKANNAWKUT, SOUTH YARMOUTH, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location Abutting Properties for 143 PAWKANNAWKUT DR SOUTH YARMOUTH, MA 02664 25/ 23/ / / (100 Feet) Location: 25/ 23/ / / 143 PAWKANNAWKUT DR Owner: CAPE COD OZ PROPERTY II LLC 169 METOXIT RD EAST FALMOUTH, MA 02536 Location: 25/ 22/ / / 4 KELP LN Owner: DAMICO DOMENIC DAMICO NOREEN A 4 FARMCREST LN WAYLAND, MA 01778 Location: 25/ 21/ / / 8 KELP LN Owner: SAILING WINDS LLC P O BOX 612 WARREN, MA 01083 Location: 25/ 51/ / / 146 PAWKANNAWKUT DR Owner: MCMANUS JOHN J JR 146 PAWKANNAWKUT DR SOUTH YARMOUTH, MA 02664 Location: 25/ 50/ / / 142 PAWKANNAWKUT DR Owner: TRAKAS CHRISTOPHER J TRS THE APT NOMINEE TRUST 50 MEADOWVIEW RD MILTON, MA 02186 Location: 25/ 25/ / / 7 TIDE LN Owner: LASS BARRY LASS JUDY 91 LANDING DR DOBBS FERRY, NY 10522 Location: 25/ 24/ / / 137 PAWKANNAWKUT DR Owner: YETMAN KENNETH C YETMAN LOUISE C PATER 137 PAWKANNAWKUT DR SOUTH YARMOUTH, MA 02664-5130 Location: 25/ 49/ / / 136 PAWKANNAWKUT DR Owner: FERRARO JOSEPH TR GATEWAY ISLES REV REALTY TRUST 175 JASON ST ARLINGTON, MA 02476 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 ________________________________________________ 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 ______________________________ D.Proposed work is _____________________________________________________________ ____________________________________________________________________________ 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 ___________________________________ 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 __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ 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. JORDAN FLIEGEL of the CAPE COD OZ PROPERTY II LLC 143 PAWKANNAWKUT DRIVE STRUCTURAL ADDITION TO SINGLE-FAMILY RESIDENCE THAT IS LOCATED IN THE COASTAL FLOODZONE AND THE RIVERFRONT AREA 978.434.1228, mike.ball@marshmattersenvironmental.com D. MICHAEL BALL, MARSH MATTERS ENVIRONMENTAL P.O.BOX 554 FORESTDALE MA 02644 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 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: 143 PAWKANNAWKUT DRIVE a. Street Address SOUTH YARMOUTH b. City/Town 948 (town portion) / 949 (state portion) c. Check number $165.00 d. Fee amount 2. Applicant Mailing Address: JORDAN a. First Name FLIEGEL b. Last Name CAPE COD OZ PROPERTY II LLC c. Organization 169 METOXIT ROAD d. Mailing Address FALMOUTH e. City/Town MA f. State 02536 g. Zip Code 617.943.8750 h. Phone Number i. Fax Number JFLIEGEL3@GMAIL.COM j. Email Address 3. Property Owner (if different): SAME 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. 10/17/11 Page 2 of 2 5 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 1 (SFH - ADDITION) 1 $165.00 $165.00 Step 5/Total Project Fee: $165.00 Step 6/Fee Payments: Total Project Fee: $165.00 a. Total Fee from Step 5 State share of filing Fee: $70.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $95.00 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.)