HomeMy WebLinkAboutNOIMMEnvironmental P.O. Box 554 Forestdale, MA 02644
978.434.1228
Mike.Ball@MarshMattersEnvironmental.com
______________________________________________________________________________________
MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com
January 5, 2023
Mr. Edward Hoopes, Chairman
Yarmouth Conservation Commission
c/o Brittany DiRienzo, Conservation Administrator
1146 Route 28
South Yarmouth, MA 02664
RE: NOTICE OF INTENT – Single-family House Foundation Replacement Project
175 Pine Grove Road, South Yarmouth
Assessors Reference: Map 25/ Parcel 167
Applicant: MICHAEL & DEBORAH FARRELL
Chairman Hoopes and Yarmouth Conservation Commission members,
On behalf of the applicants, Michael and Deborah Farrell, Marsh Matters Environmental (MME) submits
the enclosed Notice of Intent (NOI)(WPA Form 3) with project site plan set, architectural design drawings,
and supporting documents proposing the elevation and foundation replacement of a single-family house
at 175 Pine Grove Road in South Yarmouth (the Site) (Attachment 1, Figure 1). 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. Please accept this cover
letter as the required project narrative.
Existing Conditions
The Site is a 0.13-acre property located at the corner of Pine Grove Road and Vineyard Street. The
existing three-bedroom, one-story, one-bathroom cottage was originally constructed in 1937 (according
to the property record card) and is currently served by a single cesspool. The Site is within a Zone AE (El.
11) flood hazard area (Figure 4), which is Land Subject to Coastal Storm Flowage (LSCSF)(310 CMR 10.04).
No portion of the site is located within another wetland resource area or resource area buffer zone, or
within habitat mapped by the state’s Natural Heritage and Endangered Species Program as state-listed
rare plant or animal habitat (Figure 3). The existing topographic elevation change across the lot is less
than three feet. Vegetation consists of a few mature trees and unimproved lawn area.
Proposed Project
The applicant’s project is the replacement of the foundation for an existing three-bedroom house with
new sewage disposal system (SDS). The project must meet the current Flood-resistant Construction
standards (Section R322) because the property is located in a FEMA-determined flood hazard area of
Yarmouth and, therefore, the new top of foundation will be elevated to 12.0 feet (approximately seven
feet above existing grade). As the house must be elevated, construction of front and rear exterior stairs
will be necessary at entrance doorways. The house footprint will only increase slightly in total area due
to the addition of the stairways. The addition of fill material around the new foundation, to be placed at
a maximum thickness of approximately two feet, will be necessary in order that only five vertical feet of
the foundation exterior will be visible. The applicants propose no specific landscape improvement
activities following house construction, but foundation planting and improved lawn area will be
necessary following construction and the fill placement. Drywells will be installed to capture and
infiltrate roof runoff. Please refer to the enclosed project plan set, prepared by Engineering Works, Inc.
(1.3.2022) and an architectural drawings set prepared by Cotuit Bay Design (11.29.2022) (Attachment 2).
MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com
Regulatory Compliance
This proposed foundation replacement and septic system upgrade project (to a Title V-compliant system)
serves all of the eight interests protected under the Massachusetts Wetlands Protection Act and the local
bylaw, and the three additional interests protected under the bylaw (i.e., Recreation, Erosion and
Sedimentation Control, and Surface Water Quality) as applicable. There are no performance standards
applied to LSCSF in 310 CMR 10.00. The Site is greater than three-hundred horizontal feet from the
Parkers River estuary and, therefore, the performance standards for LSCSF described in Section 2.10(3) of
the local bylaw regulations do not apply. The design of the house and upgraded SDS project will make
the property more resilient overall to impacts from coastal storm events as compared to existing site
conditions and features. The use of drywells to capture and infiltrate stormwater from the roof will
improve the Site’s stormwater management capacity/ability over existing conditions
MME attests that it will notify property abutters of this application and of the January 19, 2023, public
hearing (anticipated) in accordance with state and local requirements. MME will send the State portion
of the $110 filing fee to MassDEP and a copy of this application. MME has enclosed the additional $100
Yarmouth Conservation Commission bylaw fee, as well as a $10.00 payment to cover the legal
advertisement cost.
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 project engineer, or should you like to meet MME 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
Michael and Deborah Farrell
Cotuit Bay Design
Engineering Works, Inc.
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
NO
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
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):
175 PINE GROVE ROAD
a. Street Address
SOUTH YARMOUTH
b. City/Town
02664
c. Zip Code
Latitude and Longitude: 41.645128
d. Latitude
-70.211534
e. Longitude
25
f. Assessors Map/Plat Number
167
g. Parcel /Lot Number
2. Applicant:
MICHAEL and DEBORAH
a. First Name
FARRELL
b. Last Name
c. Organization
87 BROWNS BEACH ROAD
d. Street Address
BRISTOL
e. City/Town
NH
f. State
03222
g. Zip Code
617.549.8240
h. Phone Number
i. Fax Number
MICHAELFFARRELL@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):
$110.00
a. Total Fee Paid
$42.50
b. State Fee Paid
$67.50
c. City/Town Fee Paid
wpaform3.doc • rev. 6/18/2020 Page 2 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
YARMOUTH
City/Town
A. General Information (continued)
6. General Project Description:
SINGLE-FAMILY HOUSE FOUNDATION REPLACEMENT TO ELEVATE STRUCTURE IN
COASTAL FLOODZONE WITH FILL PLACEMENT AND SEPTIC SYSTEM INSTALLATION.
STORMWATER MANAGEMENT IMPROVEMENTS.
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)
34913
c. Book
163
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
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:
square feet
4. Proposed alteration of the Riverfront Area:
a. total square feet
b. square feet within 100 ft.
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
5,200 SF +/- (INCLUDES
AREA TO RECEIVE FILL)
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
1 JAN 2023
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 SEPTIC SYSTEM / SITE PLAN - 175 PINE GROVE ROAD, S. YARMOUTH, MA"
a. Plan Title
ENGINEERING WORKS, INC.
b. Prepared By
PETER T. MCENTEE, P.E.
c. Signed and Stamped by
1.3.2023
d. Final Revision Date
1 INCH = 20 FEET
e. Scale
NEW REMODELING FOR FARRELL RESIDENCE (by CBD)
f. Additional Plan or Document Title
11.29.2022
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:
108
2. Municipal Check Number
12.30.2022
3. Check date
107
4. State Check Number
12.30.2022
5. Check date
MICHAEL & DEBORAH
6. Payor name on check: First Name
FARRELL
7. Payor name on check: Last Name
MMEnvironmental
MARSH MATTERS ENVIRONMENTAL
Attachment 1
Site Locus Figures
Existing Conditions Photographs
FIGURE 1 – USGS TOPOGRAPHIC QUAD SITE LOCUS MAP
175 PINE GROVE ROAD, SOUTH YARMOUTH, MASSACHUSETTS
MARSH MATTERS ENVIRONMENTAL
Project
Location
FIGURE 2 – AERIAL PHOTO / PROJECT ELEMENTS
175 PINE GROVE ROAD, SOUTH YARMOUTH, MASSACHUSETTS
MARSH MATTERS ENVIRONMENTAL
ELIMINATE CESSPOOL
AND UPGRADE ON-SITE
SEPTIC SYSTEM HERE
1937 ORIGINAL
CONSTRUCTION
0.13-ACRE LOT
ENTIRE LOT IS WITHIN COASTAL FLOODZONE
(ZONE AE – EL.11) (LAND SUBJECT TO
COASTAL STORM FLOWAGE – 310 CMR 10.04
FIRM NO. 25001C0589J
RESIDENCE TO BE RAZED
AND REBUILT WITH NEW
FLOODZONE-COMPLIANT
FOUNDATION
FIGURE 3 – MassGIS Site Locus Map
175 PINE GROVE ROAD, SOUTH YARMOUTH, MASSACHUSETTS
MARSH MATTERS ENVIRONMENTAL
Project
Location
FIGURE 4 – FEMA Flood Insurance Rate Map
175 PINE GROVE ROAD, SOUTH YARMOUTH, MASSACHUSETTS
MARSH MATTERS ENVIRONMENTAL
Property
Location
FEMA FIRM NO. 25001C0589J
MMEnvironmental
PHOTOGRAPH LOG
Project / Client: FARRELL Location: 175 PINE GROVE ROAD, S. YARMOUTH Project No.
Photo No.
1 Date:
12.29.2022
Photo Aspect:
NORTHWEST
Description:
SFH TO BE RAZED AND
RECONSTRUCTED
Photo No. 2
Date:
12.29.2022
Photo Aspect:
NORTHEAST
Description:
SFH TO BE RAZED AND
RECONSTRUCTED. OAK
TREE TO REMAIN.
MMEnvironmental
Photo No. 4
Date:
12.29.2022
Photo Aspect:
ESE
Description:
SFH TO BE RAZED AND
RECONSTRUCTED
PHOTOGRAPH LOG
Project / Client: FARRELL Location: 175 PINE GROVE ROAD, S. YARMOUTH Project No.
Photo No. 3 Date:
12.29.2022
Photo Aspect:
NORTHEAST
Description:
SHED TO BE REMOVED.
LOCATION OF NEW SEWAGE
DISPOSAL SYSTEM
COMPONENTS
MMEnvironmental
MARSH MATTERS ENVIRONMENTAL
Attachment 2
Project Site Plan Set (by Engineering Works, Inc.)
Architectural Design Drawings
MMEnvironmental
MARSH MATTERS ENVIRONMENTAL
Attachment 3
Property Abutters-related Documents
Administrative Forms
Filing Fee Forms
FIGURE 5 – Yarmouth Assessors/GIS Map – Abutters w/in 100’
175 PINE GROVE ROAD, SOUTH YARMOUTH, MASSACHUSETTS
MARSH MATTERS ENVIRONMENTAL
SOURCE: YARMOUTH GIS – 1.3.23
Abutting Properties for
175 PINE GROVE RD SOUTH
YARMOUTH, MA 02664
25/ 200/ / /
(100 Feet)
Location:
25/ 226/ / /
170 PINE GROVE RD
Owner:
LIPE ROSANNE TR
LIPE REALTY TRUST
120 HIBISCUS AVE
WALTHAM, MA 02154
Location:
25/ 201/ / /
173 PINE GROVE RD
Owner:
ADOLPH ALAN TRS
ADOLPH JOAN ELLEN TRS
7 BUCKMAN DR
LEXINGTON, MA 02173
Location:
25/ 200/ / /
175 PINE GROVE RD
Owner:
FARRELL DEBORAH R
FARRELL MICHAEL F
175 PINE GROVE RD
SOUTH YARMOUTH, MA 02664
Location:
25/ 227/ / /
2 &4 AFT RD
Owner:
LIPE ROSANNE M TR
LIPE REALTY TRUST
120 HIBISCUS AVE
WALTHAM , MA 02451
Location:
25/ 253/ / /
3 AFT RD
Owner:
RUST HURLEY KAREN
MASTERGEORGE KIMBERLY
7 SIDE RAKE RD
ROCKY HILL, CT 06067
Location:
25/ 202/ / /
163 PINE GROVE RD
Owner:
DORAN ROBERT J JR
DORAN K E AND CIPRIANO M B
112 HITCHING POST DR
SOUTHINGTON, CT 06489
Location:
25/ 190/ / /
117 NANTUCKET AVE
Owner:
DOYLE ARENA KATHRIN M
ARENA J J JR, PICKFORD C & S
16 BEAUREGARD CIR
MARLBOROUGH, MA 01752
Location:
25/ 198/ / /
120 NANTUCKET AVE
Owner:
SCANLON KIERAN
SCANLON KAELA
33 VINE ST UNIT 3
MELROSE, MA 02176
Location:
25/ 199/ / /
24 VINEYARD ST
Owner:
MALPASS PETER G TRS
MALPASS DEBORAH S TRS
24 VINEYARD ST
SOUTH YARMOUTH, MA 02664
Location:
25/ 183/ / /
25 VINEYARD ST
Owner:
HARRINGTON COLLEEN M
SHANBHAG JAIDEEP V
3 TRAILSIDE LN
HOPKINTON, MA 01748
Location:
25/ 182/ / /
10 NORTH EAST DR
Owner:
GRANDONI RICHARD A
GRANDONI JENNIFER B
31 TRAVIS RD
NATICK, MA 01760
Location:
25/ 272/ / /
11 NORTH EAST DR
Owner:
HURWITZ MARK L TRS
GORDON HURWITZ MARJORIE TRS
36 OLD FARM RD
RANDOLPH, MA 02368-2554
Location:
25/ 271/ / /
183 PINE GROVE RD
Owner:
POPAS GEORGE
36 SAXON RD
WESTWOOD , MA 02090
Location:
25/ 254/ / /
184 PINE GROVE RD
Owner:
KELLY EDWARD
C/O KELLY EDWARD F & PAMELA A
39 DUNBAR ST
CANTON, MA 02021
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.
MICHAEL & DEBORAH FARRELL
175 PINE GROVE ROAD, S YARMOUTH
RAISE EXISTING HOUSE ONTO FLOODZONE-COMPLIANT FOUNDATION.
EXTERIOR AND INTERIOR REMODELING. NEW TITLE V SEWAGE DISPOSAL SYSTEM.
978.434.1228 / mike.ball@marshmattersenvironmental.com
MIKE BALL / MARSH MATTERS ENVIRONMENTAL
P.O. BOX 554
FORESTDALE MA 02644
978.434.1228
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:
175 PINE GROVE ROAD
a. Street Address
SOUTH YARMOUTH
b. City/Town
107 (COMM. MASS) / 108 (TOWN YARM.)
c. Check number
$110.00
d. Fee amount
2. Applicant Mailing Address:
MICHAEL & DEBORAH
a. First Name
FARRELL
b. Last Name
c. Organization
87 BROWNS BEACH ROAD
d. Mailing Address
BRISTOL
e. City/Town
NH
f. State
03222
g. Zip Code
617.549.8240
h. Phone Number
i. Fax Number
MICHAELFFARRELL@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
SFH RAZE REBUILD w/SEPTIC
1
$110.00
$110.00
Step 5/Total Project Fee: $110.00
Step 6/Fee Payments:
Total Project Fee: $110.00
a. Total Fee from Step 5
State share of filing Fee: $42.50
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $67.50
c. 1/2 Total Fee plus $12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)