HomeMy WebLinkAboutNOI Filing 12-21-2022DOWN CAPE ENGINEERING, INC.
939 Main Street
Yarmouth Port, MA 02675
508-362-4541
Transmittal DCE Job # 22-196
Date: December 21, 2022
To: Brittany DiRienzo, Conservation Administrator
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
From: Priscilla Leclerc
RE.: NOI for Marna Reilly, 331 Union Street Realty Trust, 331 Union St, South Yarmouth
Enclosed for the NOI submittal are
o Checklist
o WPA Form 3 —Notice of Intent application
o Fee transmittal form
o Site Plan of 331 Union Street, South Yarmouth, MA, prepared for Martin Reilly /
331 Union Street Realty Trust, dated December 20, 2022, 8 full size plans, 1 with
original stamp � signature
o Project Narrative
o USGS
o Abutters notification letter, list @map
o Site Access Permission
o eDEP Submittal Co�xmation
o Checks to Town of Yarmouth for town share of state fee, town bylaw 8c legal ad
Please calLemail should you have any questions.
cc: MassDEP-SERO (online and via email)
DOWN CAPE ENGINEERING, INC.
939 Route 6A, Suite C
Yarmouth Port, MA 026']5
Phone: 508-362-4541
priscilla@dawncape.com
Og �Y'9R CONSERVATION
p'Z �% OFFICE
H�'4 •tea Q/�..�.�/iZ[FLLL3�IL�GIf-e Q.�aff�i:�.r�t
./Vc�ifce o.� 9ixteizt
�ene��aC 9rs�uruftclitiar�.:
All filings must be mad¢ on Town of Yarmouth forms found at www.varmouth.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 waeK before a meeting.
Failure to follow this Checklist shall result in an Administrative/y /ncomp/eta ApplJcatlon and will not be
advertised fora Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation OfFica if
you need assistance.
Su6.stieis.cg. arc Q-ypP.icnt:a.x=
Does the property have any outstanding/axpirad Orders of Conditlons4 If so, please file a
Request for Certificate of Compliance for each outstanding/axpirad Order, as the Commission may not
issue a new Order until any outstanding/expired Orders have been closed and recorded. (`sae page 2)
`� 7 original hardcopy NOI application with original signatures (double sided). Typed signatures will not be
/ accepted.
✓ t hardcopy comprehensive and detailed narrative of the project including existing ✓3 proposed conditions,
construction sequence, type of equipment, staging locations, tlrainage and stormwatar, erosion controls,
invasive species management and alternative analysis. The narrative shall document how the project
meats performance standards per 3t0 CMR t0.0 8. TOY Wetland Bylaw, Chapter '143, BVW delineation
sheets or other supporting information.
�t hardcopy 100' radius map, currant abutters list and abutters notification identifying the property owners
who era to ba notifietl per 3t0 CMR t0.00. Abutters list must ba certified by the Town Assessor's oflica.
Tha Assessor's office requires 7 tlays advance notice. All abutters must be notified via certified mail.
✓ � original and � copies of the plan, foldatl saparataly, right side out with title and project atltlrass visible. All
plans shall reference NAVOt 988 unless otherwise noted. Landscape plans shall be detailed to show
proposatl 8. existing conditions, native species, size antl spacing.
`� A pdf copy of the entire signetl application, supporting information listed above, and plan emailetl to
bdirianzot8>vannouth.ma.us. Please fist project property's street address in the pdf file name.
Submit Certified Mail Receipts (PS Form 3800) for all abutters.
^ o- If applicable, submit Certified Mail Receipts for Massachusetts Natural Heritage and Entlangered Special
Program and Massachusetts Division of Marina Fisheries. Alternatively, you may visit their wabsitas for
electronic filing information. If filed elactronlcally, please copy bdirianzo(r7lvarmouth.ma.us.
n a. Waterways jurtsdictfon — Any coastal projects such as, but not limited to, tlocks, piers, bulkheatls,
revetments, dredging and boardwalks shall require submittal of all Notices of Infant, plans and supplemental
Information to The Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by
certified mail or hand delivery. Tha applicant or his/her representative must provide the Conservation
office proof that this has bean done or the filing will not be accepted.
Yarmouth Conecrvetion Commission 1146 Route 28 •South Yarmouth, MA 02664-9492
Tel. (508)-398-2231 Fact I288 •Fax (508)-398-0836 • 3'TUk (508) 398-2231 bdirienzoQyarmouth.ma.us
Rav 9/2022 Pages t of 2
Yarmouth's share of State filing fee: sapamte check made payable to "Town of Yarmouth"
(refer to NOI Westland Fee Transmittal Form)
By-law £ling fee: separate check made payable fo "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 Schetlule at htt '// th /696/Filino-Forma
�If you era Fling with MassDEP using aDEP, please include a copy of the submittal confirmation with your
/application.
t/ If not filing via eDEP, a copy of your application, plan, and all other supporting information must ba 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(mvarmouih.ma.us. We must receive a copy of this email with the application as proof that it
has been submitted to DEP.
P��I��. DEP share of the fee (refer to NOI form) shall ba sent to:
Dept. of Environmental Protection
Box 4062
Boston, MA 022t t
Other Comments:
Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws?
Do you need to fle with the Yarmouth Board of Appeals4 If so, you must £la with both boards at the same
lima.
If a vacant lot, have you completed and received a determination for the Building Department fora lot
inquiry form?
'To view all Conservation files/permits for the property adtlrass online:
Go to www.vartnouth.ma.us and click on
- Yarmouth Online Town Services
- Town Record Search with Weblink
- Browse Our Parcel Related Documents
- First latter of street name to open file
- Straat name
- Property address
- Conservation
- CIfcK on the folder you want to view
Yarmouth Conservation Commission • 1146 Rovte 28 Sauth Yarmouth, MA 026G4-4492
Tel. (508)-398-223t Ex[. 1288 •Fax (508)-398-0836 • TTDii (508) 398-2231 bdirie�oQyarmouth.ma.us
Rav 9/2022 Page 2 of 2
Massachusetts Department of Environmental Protection
eDEP Transaction Copy
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: DOWNCAPE
Transaction ID: 1458937
Document: WPA Form 3 - NOI
Size of File: 246.21K
Status of Transaction: In Process
Date and Time Created: 12/21/2022:10:00:18 AM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1458937
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
1. Project Location:
a. Street Address
331 UNION ST SOUTH YARMOUTH
b. City/Town
YARMOUTH c. Zip Code 02664
d. Latitude
41.66502N e. Longitude 70.18380W
f. Map/Plat #
61 g.Parcel/Lot # 90
2. Applicant:
1v Individual r Organization
a. First Name MARTIN b.Last Name REILLY
c. Organization 331 UNION STREET REALTY TRUST
d. Mailing Address 66 GARDNER ST
e. City/Town HINGHAM f. State MA g. Zip Code 02043
h. Phone Number i. Fax j. Email
3.Property Owner:
r- more than one owner
a. First Name MARTIN b. Last Name REILLY
c. Organization 331 UNION STREET REALTY TRUST
d. Mailing Address 66 GARDNER ST
e. City/Town HINGHAM f.State MA g. Zip Code 02043
h. Phone Number i. Fax j.Email
4.Representative:
a. First Name DANIEL A. b. Last Name OJALA, PE, PLS
c. Organization DOWN CAPE ENGINEERING INC
d. Mailing Address 939 ROUTE 6A, SUITE C
e. City/Town YARMOUTH PORT f. State MA g. Zip Code 02675
h.Phone Number i.Fax j.Email
S.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal ittal Form):
a.Total Fee Paid 110.00 b.State Fee Paid 42.50 c.City/Town Fee Paid 67.50
6.General Project Description;
RAZE AND REPLACE OF EXISTING SINGLE FAMILY DWELLING
7a.Project Type:
1.1 Single Family Home
3. r Limited Project Driveway Crossing
S.r" Dock/Pier
7. r Coastal Engineering Structure
9. r Transportation
2. 1— Residential Subdivision
4. r" Commercial/Industrial
6. r Utilities
8. r Agriculture (eg, cranberries, forestry)
10. r" Other
Page I of 7 * ELECTRONIC COPY
fR
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1458937
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1. f- Yes hi 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: b.Certificate: c.Book: d.Page:
BARNSTABLE 35486 133
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):;
• This is a Buffer Zone only project -Cheek 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)
:.
1. linear feet 2. linear feet
b.l- Bordering Vegetated Wetland
1. square feet 2. square feet
c.1- Land under Waterbodies and Waterways
1. Square feet 2. square feet
3. cubic yards dredged
d. r Bordering Land Subject to Flooding
1. square feet 2. square feet
3. cubic feet of flood storage lost 4. cubic feet replaced
e.1- Isolated Land Subject to Flooding
1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced
£ rY, Riverfiont Area Bass River
1. Name of Waterway (if any)
2. Width of Riverfiont Area (check one) r 25 ft. - Designated Densely Developed Areas only
r 100 ft. - New agricultural projects only
ry 200 ft. - All other projects
3. Total area of Riverfiont Area on the site of the proposed project 6749
square feet
4. Proposed Alteration of the Riverf ont Area:
2361 2361 0
a. total square feet b. square feet within 100 ft. c. square feet between 100 ft.
and 200 ft.
S. Has an alternatives analysis been done and is it attached to this NOI? l Yes 1 No
Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1458937
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
6. Was the lot where the activity is proposed created prior to August 1, 1996? 1✓ Yesr No
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
ar Designated Port Areas Indicate size under Land under the ocean below,
b.l-" 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
d.r Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.lv Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f r Coastal Banks
1. linear feet
g.lv Rocky Intertidal Shores
1. square feet
h.r Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
i.I" Land Under Salt Ponds
1, square feet
2. cubic yards dredged
j. r Land Containing Shellfish
square feet
1.ry Land Subject to Coastal 2361
Storm Flowage 1. square feet
4.Restoration/Enhancernent
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 BV W b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
r- Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
Page 3 of 7 * ELECTRONIC COPY
"Massachus¢tts Department of Environmental
Ptwided by MassDEP:
ProteCdOR
MassDEP File #:
Bnrean Of Resource Protection - W¢trands
cDEP Transaction #:145g937
WPA Form 3 -Notice of Intent
cityirown:vnxl.,lovnl
Massachusetts Wetrands Protection Act M.G.L. c. 131, §40
a. number of new stream crossings b. number of replacement sn'eam crossings
C. Other Applicable Standards and Requirements
Streamlined Masaachuaetts Endangered Species ACNWetlands Protection Act Review
1. Is any portion of the proposed pt ]ec[ located in Estimated Habt[a[ of Rat¢ Wildiil¢ as indicated on [he most recent
Es[unated Habitat Map of State -Listed Raro Wetland Wildlife published by [he Natural Heritage of Endangctcd Species progvam
(NHESP)?
a. r Yea A No
Ifyea, include preofofmail:ng or hand delivery ofNOI to:
Natural Heritage and Endangn�ed Species
Proffium
Divi n ofPishaies and Wildlife
I Rabbit Hi31 Road
Westtwtnugh, MA O1581
b. Date of map:PROM MAP VIEWER
lfyes, the project is also subject to Massachusetts Endangexd Species Act (MESA) reviewv (321 CMR 30.18)....
c. Submit Supplemental Inf orlon for Endangered Species Review'" (Check boxes as thry apply)
1. r Percentage/acreage of propeaty [e be altered:
(a) witbi.t Wetland Resource At¢a
(b) outside Resource Area
pemcntagdacreage
peaventagdacreaga
2.r Asseasw's Map or right -of --way plan ofsite
3. r Pr jec[ plans far entire project site, including wetland msowce areas and areas outside afwetlantl jurisdiction, showing
existing and pmposed conditions, existing and proposed ttce/vegetation clearing line, and clearly demarcated tirtdts of work ""'
a. r Pr jeer description (including description of impacts outside oFwedand tcsow'ce area 13._ buff zone)
b.I-' Photographs vcpvwamtative of the site
a r MESA filing ftt (£ce � orlon available an
Make c(veck payabl¢ to •'Natural Heritage Se Endangered Species Pund" and ma0 [o NHESP a[ above addvrss
Projects d[ering IO or more nc»es afland, also saGnzit
d. r Vegetation cover type map of site
e.rP jest plans showing Priotity�Es[hnated Habitat bowtdaries
d. OA Chectc One ofdte following
1. r Ptnjec[ is entpt from MESA mview. Attach applicant letter indicating which MESA exemprion applies. (See 321
CMR ]0.14, ex -
SD-cies.,xt htnd#1 O.14; the NO[ nwst still be sent [o NHESP if the project is within estimated habitat pwauant to 310 CMR
103'] and 10.59J
2. r� Separate MESA mview ongoing.
a. NHESP Tracking Number
b. Dot¢ submitted to NHESP
3, r Sepazu[e MESA review completed.
Include copy ofNHESP "no Take" d¢[emtina[ion or valid Conservation 8c Management Permit with approved plan.
Page 4 of.l *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1458937
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
* 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. r Not applicable - project is in inland resource area only
b. f- Yes rV 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
Attn: 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)?
a.r Yes r No
b. ACEC Name
If yes, provide name of ACEC (see instructions to WPA
Form 3 or DEP Website for ACEC locations). Note:
electronic filers click on Website.
4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. r Yes r 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. 1— Yes ry No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. r- 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
iv Vol.2, Chapter 3)
2. A portion of the site constitutes redevelopment
r-
3. Proprietary BMPs are included in the Stormwater Management System
r
b. r No, Explain why the project is exempt:
I'. Single Family Home
r
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
Page 5 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1458937
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
r- housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the
ry 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
l [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).
C 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.
C
a. Plan Title:
SITE PLAN OF 331
UNION STREET,
SOUTH YARMOUTH,
MA, PREPARED FOR
MARTIN REILLY, 331
UNION STREET
REALTY TRUST
b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
DOWN CAPE
ENGINEERING INC
12-20-22
S. If there is more than one property owner, please attach a list of these property owners not listed on this form.
r
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
r
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
r-
8. Attach NOI Wetland Fee Trausnuttal Fomi.
lv
9. Attach Stormwater Report, if needed.
l
Page 6 of 7 * ELECTRONIC COPY
�� Massachusetts Department of Environmental
Provided by MassDEP:
Protection
MassDEP File #:
Bureau of Resource Protection -Wetlands
eDEP Transaction #:145893T
WPA Form 3 -Notice of Intent
�tty?n"'kY�M�Tft�N
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Fees
Fee PsampL No Siting fee sball be assessed Por projects of any city. to un[y, o+' distaict of th¢ Com tnonweal[h, federally tewgniud Intlian
vibe housing euMori[y, man cipal hoes ng authoriry, or the MescachucetK Bay Teanspo non Authority.
Applicants moat submit the following infonrw[ion (in addition m pages 1 end 2 of the NOI Wedand Fee hansmittaL Po+m) b contima tea paymanY
= Mai t76 e?a N7 �r S 3S7R it 3i ���i�-a-
amelpar as am s. �ae
a stoma c ak Namh.r
6. Pryer name ea chuck: Pire+Name
F_ Signatures and Submittal Requirements
s. cnV mwn.o--rr'C
9. payer name m eh«k: Ve<Name
I hereby certify under the penalties ofpepury that the farcgoing Notice of Intent and eccompnnyi¢g plain, doeumena, end supporting d¢ta arc rein
and complete to [be beef ofmy knowledge. 1 vnd¢remnd [hat Ne Came[va[ien Commiiiien will place no[iticanon of this Notice in a local newspaPea
at the expense oPthe aDPlicunt in accordavcc with [he wetlantla rcguletiore, 3l0 CMR 10.05(5)(a).
l £unbar certiy antler pe+uities oFp jury tbat a1I vb liners were rmiiFvd ofthu application, pu rausn[ to the ietluircanents of M.O. L. c, 131, § 40.
Notice must be made by Cer[i£+eate ofMeiting or In writing by head delivery or certifird mail (retain receipt repueatW) to all ebuttua withi¢ 100 feet
of the Pro/f rty li a o[ [he P Ject lorstion. % //
t. �Hi�s � 7iriof / �ii7.fd/L a. n � i
a. si Haws arPmpanr o..nmieairearenn a. Hato
s. s1aAlYA �°rOfh� (:f�nyt>P�) DOWN �P£ (:PIG IN Et"7�-1Nr, tN G6
For Conaarvatlon Commiselon:
1Wo copies of Me wmpleted No[iee nflnten[ (Form 3), including euppwting plans and documents, two copies oFthe NOI Wetland Fee Tmnxmi[tN
Fonq and the city/[own fce p¢ymenq b the Conaerwtion Commission by ecrti[ed mail or hand delivery.
For MaacOEP:
Om copy of W e completed NONee of intent (Form 3), including snpporring plena end tloeumena, one copy of Ne NOt Weaand Pee Transmiltat Porn.
and a copy of the state fee payment m [ba MsasnPB Regiotul O(ace (see lnatmc:iona) by certitied mail or hantl dvlive+y.
Iftl+e applicant M1as she deed the ^yes" box in Section C. Items 1-3, above, aa£er to that section and the ins[mctions for additional subminel
cequ amenta.
The original and wpiea v+ust be sent simultaneously. Failure by the applicant to send capias in n timely manner may xsult in diamiasvl of the
Notlee oClntent.
Page 9 of 9 a ELECTROPSIC COPY
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:
WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1458937
Form City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
a. First Name
MARTIN b.Last Name
REILLY
c. Organization
331 UNION STREET REALTY TRUST
d. Mailing Address
66 GARDNER ST
e. City/Town
HINGHAM f. State MA
g. Zip Code 02043
h. Phone Number
i. Fax
j. Email
2.Property Owner:(if different)
a. First Name
MARTIN b. Last Name
REILLY
c. Organzation
331 UNION STREET REALTY TRUST
d. Mailing Address
66 GARDNER ST
e. City/Town
HINGHAM f.State MA
g. Zip Code 02043
h. Phone Number
i. Fax
j.Email
3. Project Location:
a. Street Address 331 UNION ST SOUTH YARMOUTH
b. City/Town YARMOUTH
Are you exempted fi•om Fee? r
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 Type Activity Activity Fee RF Multiplier Sub Total
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 I * ELECTRONIC COPY
NOTICE OF INTENT
331 Union Street, South Yarmouth
PROJECT NARRATIVE
The applicant is pleased to submit a Notice of Intent application for the raze and replacement of an existing
single family dwelling. The 6,749 s.f. property is improved with an existing single-family dwelling that was
constructed in 1950 according to assessors' records. The existing four bedroom septic system was installed
in 1996 and had passed a recent inspection. It is bordered to the east by a salt marsh and Bass River, to the
west and south by residences and to the north by Union Street. A Coastal bank exists along the top of the
wood sea wall. The site is located within FEMA flood zone AE El. 12. All construction associated with the
new dwelling will be located within areas that have already been developed with existing structures, lawn,
and landscaping. The proposed work will be within the inner riparian zone of the riverfront. No new
bedrooms are proposed, and the existing septic system will remain. The total hardscape on the site is being
reduced by 32 s.f. 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 Coastal Bank exists at the top of the existing wooden seawall. That wall will remain and none of the
proposed work will alter it. The closest point of the proposed deck will be located 10.5' from the edge of the
wall vs the existing setback of 10.1'. The bank's ability to control floodwaters will not be altered by any of the
proposed work.
Salt Marsh (310 CMR 10.32)
The edge of the salt marsh was flagged by BLH Environmental Consulting, Inc. and located by Down Cape
Engineering. All proposed work will be no closer than existing structures to the salt marsh.
All proposed work will take place within existing developed areas. 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-
Riverfront Area (310 CMR 10.58)
The entire property is located within the inner riparian zone of Bass River. 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 32 s.f. within the riverfront area. 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 no closer to the river than existing.
(d) No expansion of existing developed areas is proposed.
(e) See (d)
(f) A net decrease in hardscape is proposed.
(g) See (D.
(h) See (f)
Land Subject to Coastal Storm Flowage
The site is affected by 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. The first floor and all utilities will be located above the design flood
elevation of 13.
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 work will result in a net decrease of hardscape of 32
s.f. on the site. 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 driveway. 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 build a new house with more efficient living
space that meets current flood zone regulations. The new structures will be constructed with flood
resistance in mind. The new first floor will be raised to meet flood zone compliance. The lower level will be
used as a garage and cold storage only. The applicants could have opted to renovate the existing dwelling
but a raze and replacement provides the best opportunity for better storm -resistant construction. With the
net decrease in total hardscape on the lot, addition of drywells for roof runoff, and a flood compliant
foundation for future coastal resiliency we feel this project provides a net improvement over existing site
conditions.
-2-
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NOTIFICATION TO ABUTTERS UNDER THE
MASSACH USETTS WETLANDS PROTECTION ACT 8,
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 f�Ntlf-Tlhl N�illX �i31 UNIOAF ELT KI=J<I�7j/_r�i.JSr
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 ffi Town of Yarmouth Wetland By -Law, Chapter 143).
C. The address of the lot where the activity is proposed is 331 Uh)IOh(� SOUTN r//tfLMOU��(-(
D. Proposed work is V_.R (�_ _P ,�� II i' �h��_ W L-trn�
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 Applica nt's representatives phone number �Of3-'3fP2"-ciS r%� �OTiN ('JePG U-hi(s ITl �T.1 t�G.� (AI,C.
G. Information regarding the date, time and place of the public hearing may be obtained by calling
the Yarmouth Conservation Commission office at (608) 398-2231 ext. 1288
H. Person sending this notification (applicant, representative or other)
Name RLItS ('AQ6 rli,• Hl�,�hl%tl IAI(�-
Address Q3�(CAVTfi !o/i
TownYA'RMOf1rN' FbYl-T State ISM Zip l27(.�%S
Telephone Sail-�lPo2-�-['S�i'�
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.
Nonce of the public hearing, including date, time and place will be posted in the Town Hall not
less than forty-eight hours in advance.
Vou may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more Information about this application.
61/ 95/
THOMAS J ROCHE REALTY INC
28A PLEASANT ST
SOUTH YARMOUTH , MA 02664
611 94/
KELLEHER JOYCE L TR
JOYCE L KELLEHER TRUST
26 PLEASANT ST
SOUTH YARMOUTH , MA 02664
61/ 89/
AUSTIN STEVEN A TRS
STEVEN A AUSTIN REV TRUST
16 PLEASANT ST
SOUTH YARMOUTH , MA 02664
61/ 92/
COOK PAUL K
COOK SUSAN M
25 WORONOCO ROAD
WEYMOUTH , MA 02191
611 91/
COOK PAUL K
COOK SUSAN M
25 WORONOCO RD
NORTH WEYMOUTH , MA 02191
61/ 90/
PENNY ANTHONY E
C/O KENNEDY JOSEPH TR
66 GARDNER ST
HINGHAM , MA 02043
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
331 Union St., South Yarmouth, MA 02664
Assessors Map 61, Lot 90
Andy Mkhado, Director of Assessing
December 15, 2022
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C�itexccC 9rc�nxntcltinn.=
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• � 'J� �, fV 1 D N �i � aD U ���I'F IL.IN.OUTI-�
Assessors Map/Lot:
I (we) hereby authorize the individual members of the Yarmouth Conservation Cornrnission and its
agents to enter upon the referenced property for the purpose of gathering information regarding the
application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s-
40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143).
Authorized Signature: !/d/ � T � .A Date: /1�9 /i z�
-ate � ss�iuc_ o DLa7i«'---� /T�
Please Print Name:
If other than owner, please state whether tenant, agcnt, or other:
Mailing Address:
Phone:
Email:
Cell:
Fax:
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
Priscilla Leclerc
From:
edep.confirmation@massmail.state.ma.us
Sent:
Wednesday, December 21, 2022 9:58 AM
To:
Heatherlee Vermette
Cc:
Priscilla Leclerc
Subject:
eDEP Submittal Confirmation for DEP Transaction ID: 1458937
Thank you for using eDEP Online Filing from the Massachusetts Department of Environmental Protection. Your
transaction is complete and has been submitted to MassDEP.
This email is your receipt for the eDEP Online Filing transaction described below. Please review it and keep a copy for
your records.
Please do NOT reply to this message, this email address will not receive messages. For assistance with eDEP Online
Filing, please email the eDEP-Support at mailto:edep-support@mass.gov or call 617-626-1111.
MassDEP is interested in how we can serve you better. To help us make improvements to eDEP, please take a minute to
complete our eDEP Online Filing Survey at http://www.mass.gov/eea/agencies/massdep/service/online/edep-contacts-
and-feedback.html.
To contact MassDEP Programs, please see http://mass.gov/dep/about/contacts.htm.
DEP Transaction ID: 1458937
Date and Time Submitted: 12/21/2022 09:57:35
Form Name: WPA Form 3 - NOI
Project Location
City/Town Name: YARMOUTH
location: 331 UNION ST SOUTH YARMOUTH
General Description: RAZE AND REPLACE OF EXISTING SINGLE FAMILY DWELLING Applicant Information
Name: MARTIN
REILLY
Company: 331 UNION STREET REALTY TRUST
Address: 66 GARDNER ST
HINGHAM
MA
02043
Payment Information
Your fee for the state share is $: 42.50 If you have paid by credit card or ACH, thank you for your payment. If you are
paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP,
Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary
Document Uploaded/Mailed :
22-196 Reilly NOI Abutters List & Map
22-196 Reilly NOI Abutters Notification
22-196 Reilly NOI Project Narrative
22-196 Reilly NOI Slte Access Authorization
22-196 Reilly NOI USGS Locus Map
22-196 Reilly Site Plan 12-20-22
EMAIL ID OF THE USER: info@downcape.com
EMAIL ID OF THE OTHER USERS: priscilla@downcape.com