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HomeMy WebLinkAboutNOIBAXTER NYE ENGINEERING & SURVEYING Registered Professional Engineers and Land Surveyors 1597 Falmouth Rd., Suite 1, Centerville, MA Tel: (508) 771-7502 Email: infogbaxter-nye.com February 8, 2023 Mr. Edwin Hoopes, Chairman Yarmouth Conservation Commission c/o Brittany DiRienzo, Conservation Administrator 1146 Route 28 South Yarmouth, MA 02664-2231 RE: NOTICE OF INTENT — Boardwalk Modifications 63 Smith Point Drive West Yarmouth, Massachusetts Applicants/Owners: Lisa and James Valone Dear Chairman Hoopes, members of the Yarmouth Conservation Commission, and Ms. DiRienzo: On behalf of the applicants, Lisa and James Vallone, Baxter Nye Engineering and Surveying (BN) submits the enclosed Notice of Intent (Notice)(WPA Form 3) to the Yarmouth Conservation Commission with supporting plan set, a project narrative, and required supporting documents proposing reconstruction of a portion of the existing boardwalk at 63 Smiths Point Drive in West Yarmouth, Massachusetts. The accompanying project site plan (Boardwalk Modification Plan and Profile, revised 2/8/2023, by Baxter Nye Engineering & Surveying) details proposed modifications to the boardwalk. This modification was as requested by the Conservation Commission during a prior hearing for the previously approved guest house renovation project. This NOI is filed pursuant to the Massachusetts Wetlands Protection Act (MWPA)(M.G.L. c.131 §40) and the Yarmouth Wetlands By-law (Chapter 143) and in accordance with the implementing MWPA Regulations (310 CMR 10.00), the current Town of Yarmouth Wetland Protection Regulations (Y)APR), and the town's current Notice oflntentAdministrative Checklist. BN believes that the performance standards for Coastal Dune are met and that the applicant has met the burden of proof [310 CMR 10.03(1)(a)(3)], by demonstrating that proposed work within the resource area will contribute to the protection of the interests identified in M.G.L. c.131 §40. Please refer to the accompanying project narrative for additional discussion. The Division of Marine Fisheries & Wildlife has determined that the project site lies within Priority Habitat PH 2156 and Estimated Habitat 693, for the Least Tern, Piping Plover, Roseate Tern, and Common Tern. Therefore, we will be submitting this NOI concurrently to the DFW. A copy of the DFW determination is attached hereto. BN attests that it will notify property abutters of this application and of the upcoming public hearing on March 16, 2023 in accordance with state and local requirements. The State portion of the filing fee has been sent to the MassDEP SERO, as has a copy of this application by email. The additional $100 Yarmouth bylaw fee is enclosed. Please contact either Matthew Eddy or John Lavelle at BN by phone at 508.771.7502, or by email at jlavelle@baxter-nye.com, should you require any additional information from BN, or should you like to meet at the site in advance of the hearing. Site Design ® Surveying ® Subdivisions • Wetland Filings • Planning Sincerely, Matthew W. E dy, PE Baxter Nye Engineering & Surveying CC: DEP SERO Division of Marine Fisheries & Wildlife Lisa and James Valone Page 2 BAXTER NYE ENGINEERING & SURVEYING 1597 Falmouth Rd., Suite 1, Centerville, MA Tel: (508) 771-7502 Email: info@baxter-nye.com O� .YgR�r O O%. - _y MAT TA M ESE ad eAecr r r r 'J Eve Natke of Jaent CONSERVATION OFFICE All filings must be made 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 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. X 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) X 1 original hardcopy NOI application with original signatures (double sided). Typed signatures will not be accepted. X 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. X 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. X 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. X A pdf copy of the entire signed application, supporting information listed above, and plan emailed to bdirienzo(a)yarmouth.ma.us. Please list project property's street address in the pdf file name. X Submit Certified Mail Receipts (PS Form 3800) for all abutters. X If applicable, submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy bdirienzo(a)�yarmouth.ma.us. X 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. 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 X Yarmouth's share of State filing fee: separate check made payable to "Town of Yarmouth" (refer to NOI Wetland Fee Transmittal Form) X By-law filing fee: separate check made payable to "Town of Yarmouth" X 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 hops://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. X If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied to bdirienzo(a)-yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. X 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? Yes Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. No • If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiryform? N/A *To view all Conservation files/permits for the property address online: Go to www.varmouth.ma.us and click on: Yarmouth Online Town Services Town Record Search with Weblink Browse Our Parcel Related Documents First letter of street name to open file Street name Property address Conservation - Click on the folder you want to view Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 bdirienzo@yarmouth.ma.us Rev 9/2022 Page 2 of 2 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ICI City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 63 SMITHS POINT ROAD WEST YARMOUTH 02673 a. Street Address b. City/Town c. Zip Code Latitude and Longitude: 41deg 37' 28.57" N 70deg 16' 06.05" W d. Latitude e. Longitude 5 13 f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: LISA and JAMES VALONE a. First Name b. Last Name Note: Before c. Organization completing this form 205 RICE ROAD consult your local d. Street Address Conservation WAYLAND MA 01778 Commission e. City/Town f. State g. Zip Code regarding any municipal bylaw 508.380.9622 LVALONE@COMCAST.NET or ordinance. h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner LISA and JAMES VALONE a. First Name b. Last Name 63 SMITHS POINT NOMINEE TRUST c. Organization 205 RICE ROAD d. Street Address WAYLAND e. City/Town 508.380.9622 h. Phone Number i. Fax Number 4. Representative (if any): JOHN MA 01778 f. State g. Zip Code LVALON E@COMCAST. N ET j. Email address LAVELLE a. First Name b. Last Name BAXTER NYE ENGINEERING & SURVEYING c. Company 1597 FALMOUTH ROAD d. Street Address CENTERVILLE MA 02632 e. City/Town f. State g. Zip Code 508.771.7502 jlavelle@baxter-nye.com h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 $42.50 $67.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 1 of 9 rd Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection - Wetlands MassDEP'FiieNumber ~ rpk r — Notice ®f Intent 1 Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town A. General Information (continued) 6. General Project Description: Modifications to existing boardwalk including raising boardwalk over existing vegetation and shorteninq boardwalk to toe of slope of existing dune. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Other 2. ❑ Residential Subdivision 4. ❑ Dock/Pier 6. ® Coastal engineering Structure 8. ❑ Transportation 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 c. Book 223967 (LC Plan 4075-P, LOT 100 and 104) b. Certificate # (if registered land) 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 2 of 9 I Massachusetts Department of Environmental Protection Provided by MassDEP: t-- Bureau of Resource Protection - Wetlands MassDEP"File Number WPA—Notice Of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area a. ❑ Bank For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland please attach a narrative c. ❑ Land Under explaining how Waterbodies and the resource Waterways area was delineated. Resource Area d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear fi 1. square feet 2. square 1. square feet 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost 1. square 2. square Proposed Replacement (if any) 2. square feet 4. cubic feet replaced 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: 4. Proposed alteration of the Riverfront Area: square feet 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 13.21 above. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Provided by MaSSDEP` Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent -' I L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberYarmouth 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 Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt page) b. ❑ Land Under the Ocean 1. square feet with all supplementary information you 2. cubic yards dredged submit to the Department. 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 234 sf 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 I. ® Land Subject to 234 Coastal Storm Flowage 1. square feet 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 4 of 9 4 �I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements Document Transaction Number Yarmouth City/Town ❑ 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 Viewed on Mass 1 Rabbit Hill Road GIS 1-7-2022 Westborough, MA 01581 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 (b) outside Resource Area 0.15% / 0.0055 acre percentage/acreage 0 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 & bufferzone) (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 5 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP `� t�F Bureau of Resource Protection - Wetlands MassDEP File Number - Notice of intent Document Transaction NumberLl , Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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-protect-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 (fl 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(a)-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(a)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 6 of 9 I Massachusetts Department of Environmental Protection Provided by MassDEP: �- Bureau of Resource Protection - Wetlands MassDEP File Number WPA r — Notice of Intent i y1, Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. City/Town C. Other Applicable Standards and Requirements (cont'd) 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. 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 7 of 9 n Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands I I MassDEP File Number ' WPA,ft Form 3 — Notice of Intent Document Transaction Number, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. Boardwalk Modification Plan and Profile a. Plan Title Baxter Nye Engineering & Surveying b. Prepared By 2-08-2023 Matthew Eddy, PE c. Signed and Stamped by ill =10' d. Final Revision Date e. Scale Existing Conditions Plan Rev. 2-2-2021 f. Additional Plan or Document Title 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 �. ❑ 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: 11090 2. Municipal Check Number 11089 4. State Check Number Matthew 6. Pavor name on check: First Name 2-27-2023 3. Check date 2-27-2022 5. Check date Eddy 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 YARMOUTH City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. , Y, ,- 3. Signature of Property Owner, different) 5. 8_ -- ,z 0 2. D to 4. Date 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 6/18/2020 Page 9 of 9 Project Narrative BAXTER NYE ENGINEERING & SURVEYING BAXTER NYE ENGINEERING & SURVEYING Prepared for LISA and JAMES VALONE West Yarmouth, Massachusetts Notice of Intent Project Narrative Proposed Boardwalk Modification Project 63 Smith Point Road, West Yarmouth, Massachusetts b ox t* Contents 1.0 Introduction / Summary 2.0 Existing Conditions 3.0 Proposed Project Activities 4.0 Regulatory Compliance BAXTER NYE ENGINEERING & SURVEYING NOI PROJECT NARRATIVE February 2023 BAXTER NYE ENGINEERING & SURVEYING NOI PROJECT NARRATIVE 1.0 Introduction / Summary The Notice of Intent applicants, Lisa and James Valone, request the Yarmouth Conservation Commission (the YCC or issuing authority) issue an Order of Conditions (WPA Form 5) approving proposed activities for modifications to their existing wooden boardwalk over a coastal dune, on a portion of a 3.70-acre property located at 63 Smiths Point Road in West Yarmouth (the Site). Proposed modification work will occur over an existing boardwalk structure that is currently on a coastal dune landform. No work at the existing house or guest house on the property is proposed within the scope of this Notice of Intent (NOI). The accompanying project site plans (Boardwalk Modification and Profile Plan, dated 21812023, by Baxter Nye Engineering & Surveying, and Existing Conditions Plan, by Baxter Nye Engineering & Surveying, revised 2/2/2021) detail existing conditions and all proposed project activities under this NOI. BN believes that this project fully meets the Coastal Dune performance standards [310 CMR 10.28 (3-6)] and the Yarmouth Wetland Protection Regulation (YWPR) Coastal Dune performance standards [YWPR Part 4.03(3)], as no aspect of the project will adversely affect the coastal dune or upgradient coastal bank at the site. BN believes that the applicants are eligible to receive an Order of Conditions approving the project, as their project serves the interests of both the Massachusetts Wetlands Protection Act (MGL c. 131, §40) and the Yarmouth Wetlands Bylaw (Chapter 143). 2.0 Existing Site Conditions Geographical Setting and Wetland Resource Areas The 3.70-acre Site is located on the west -facing shoreline of the Smith's Point peninsula on Great Island in West Yarmouth (Figure 1). The existing conditions site plan depicts the limits of the wetland resource areas (WRAs) and buffer zones. As this is a property that directly abuts Nantucket Sound, there are several coastal WRAs at the Site including Coastal Dune (310 CMR 10.28), Land Subject to Coastal Storm Flowage (310 CMR 10.04), and Land Under the Ocean (310 CMR 10.25); and Coastal Bank (310 CMR 10.30), however, Coastal Dune is the resource area nearest proposed project activities. The beach and dune area of this lot is also mapped at Estimated Habitat and Priority Habitat. February 2023 BAXTER NYE ENGINEERING & SURVEYING NOI PROJECT NARRATIVE Coastal Dune By regulatory definition, Coastal Dune means "any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control." Coastal Bank By regulatory definition, Coastal Bank means "the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland." With respect to significance, they are likely to be significant to storm damage prevention and flood control, and those that supply sediment to coastal beaches, coastal dunes and barrier beaches are per se significant to storm damage prevention and flood control. Coastal banks that, because of their height, provide a vertical buffer to upland areas from elevated storm waters are significant to storm damage prevention and flood control. The Yarmouth Wetlands By-law Regulation (Part 4.05) define the location of the coastal bank top only slightly differently than does 310 CMR 10.30 and the DEP Wetland Program Policy 92-1. The Coastal Bank at this site is well vegetated, although it is eroding to a degree at certain locations, and, therefore, the resource area serves as both a sediment source to the abutting Coastal Dune and a vertical barrier to floodwaters. Land Subject to Coastal Storm Flowage By regulatory definition at 310 CMR 10.04, land subject to coastal storm flowage (LSCSF) means "land subject to any inundation caused by coastal storms up to and including that caused by the 100 year storm, surge of record or storm of record, whichever is greater." The flood insurance rate map for the Smith's Point area of West Yarmouth identifies the coastal flood zone as a Zone AE (Elev. 11). There is no jurisdictional buffer zone associated with LSCSF and there are no LSCSF performance standards in 310 CMR 10.00 for projects to meet. The YWPR does define LSCSF separately at Part 4.10, and does have a set of performance standards in YWBL 4.10 (3) (a- f) that this project meets as the boardwalk will be securely anchored, will not have any wall or fencing, will not affect floodwaters, and will preserve existing soils and vegetation. Estimated and Priority Habitat The beach and dune area of this lot is also mapped at Estimated Habitat and Priority Habitat. The Division of Fisheries and Wildlife (DFW) was contacted. A letter response was provided by DFW (copy included herein) identifying the protected species as Terns and Plover. February 2023 BAXTER NYE ENGINEERING & SURVEYING NOI PROJECT NARRATIVE 3.0 Proposed Project Activities Proposed Work As described in this narrative's introduction, the proposed project is to improve the existing boardwalk by raising the elevation of the boardwalk to two feet above the existing dune vegetation and to shorten it's length approximately 16 feet to the toe of slope of the existing dune. Please refer to the accompanying Boardwalk Modification Plan and Profile and Existing Conditions Plans for plan information. Proposed boardwalk modification work will occur only on the last 51 linear feet of the existing boardwalk. One existing bench that exists on the north side of the boardwalk will be rebuilt with same dimensions at location as shown on plan. All work will be completed within the same footprint as the existing boardwalk, over the existing coastal dune. The project will result in a decrease in hardscape over the dune by approximately 75 square feet with the shortening of the boardwalk. Regulatory Compliance The intent of this project narrative and supporting documentation is to demonstrate to the issuing authority and MassDEP that the project, as designed, will meet all performance standards for all wetland resource areas existing in or near the proposed limit of work. As this is a reconstruction of an existing boardwalk that remains in the same footprint, and has been slightly shortened, BN believes that this project fully meets the Coastal Dune performance standards [310 CMR 10.28(3-6)] and the YWPR Coastal Dune performance standards [YWPR Part 4.03(3)]. We submit it is an improvement over existing conditions as its height is raised over the dune and it's length has been shortened. The reconstruction project will not adversely affect dune stability, movement of sand, or habitat. We believe the reconstruction also falls under the exemption criteria for work in Estimated Habitat and Priority Habitat. We have filed the NOI through the streamlined joint MESA/NOI process. For the reasons described above, BN believes that the applicants are eligible to receive an Order of Conditions approving the project, as their project serves the interests of both the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Bylaw. February 2023 DIVISION OF FISHERIES & WILDLIFE 1 Rabbit Hill Road, Westborough, MA 01581 p: (508) 389-6300 1 f: (508) 389-7890 MASS.G0V/MASSWILDLIFE MASSWILDLIFE February 15, 2022 John Lavelle Baxter Nye Engineering & Surveying 78 North Street Hyannis MA 02601 RE: Project Location: 63 Smiths Point Road Town: YARMOUTH NHESP Tracking No.: 22-40762 To Whom It May Concern: Thank you for contacting the Natural Heritage and Endangered Species Program of the MA Division of Fisheries & Wildlife (the "Division") for information regarding state -listed rare species in the vicinity of the above referenced site. Based on the information provided, this project site, or a portion thereof, is located within Priority Habitat 2156 (PH 2156) and Estimated Habitat 693 (EH 693) as indicated in the Massachusetts Natural Heritage Atlas (15`" Edition) for the following state -listed rare species: Scientific name Common Name Taxonomic Group State Status Sternula antillarum Least Tern Bird Special Concern Charadrius melodus Piping Plover Bird Threatened Sterna dougallii Roseate Tern Bird Endangered Sterna hirundo Common Tern Bird Special Concern The species listed above are protected under the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing regulations (321 CMR 10.00). State -listed wildlife are also protected under the state's Wetlands Protection Act (WPA) (M.G.L. c. 131, s. 40) and its implementing regulations (310 CMR 10.00). Fact sheets for most state -listed rare species can be found on our website (www.mass.gov/nhesp). Please note that projects and activities located within Priority and/or Estimated Habitat must be reviewed by the Division for compliance with the state -listed rare species protection provisions of MESA (321 CMR 10.00) and/or the WPA (310 CMR 10.00). Wetlands Protection Act (WPA) If the project site is within Estimated Habitat and a Notice of Intent (NOI) is required, then a copy of the NOI must be submitted to the Division so that it is received at the same time as the local conservation commission. If the Division determines that the proposed project will adversely affect the actual Resource Area habitat of state -protected wildlife, then the proposed project may not be permitted (310 CMR 10.37,10.58(4)(b) & 10.59). In such a case, the project proponent may request a consultation with the Division to discuss potential project design modifications that would avoid adverse effects to rare wildlife habitat. MASSWILDLIFE NHESP File No. 22-40762,Page 2 of 2 A streamlined joint MESA/WPA review process is available. When filing a Notice of Intent (NOI), the applicant may file concurrently under the MESA on the same NO1 form and qualify for a 30-day streamlined joint review. For a copy of the NOI form, please visit the MA Department of Environmental Protection's website: https://www.mass.gov/how-to/wpa-form-3-wetlands-notice-of-intent. MA Endangered Species Act (MESA) If the proposed proiect is located within Priority Habitat and is not exempt from review (see 321 CMR 10.14) then proiect plans a fee and other required materials must be sent to Natural Heritage Regulatory Review to determine whether a probable Take under the MA Endangered Species Act would occur (321 CMR 10.18). Please note that all proposed and anticipated development must be disclosed, as MESA does not allow project segmentation (321 CMR 10.16). For a MESA filing checklist and additional information please see our website: https://www.mass.gov/regulatory-review. We recommend that rare species habitat concerns be addressed during the project design phase prior to submission of a formal MESA filing, as avoidance and minimization of impacts to rare species and their habitats is likely to expedite endangered species regulatory review. This evaluation is based on the most recent information available in the Natural Heritage database, which is constantly being expanded and updated through ongoing research and inventory. If the purpose of your inquiry is to generate a species list to fulfill the federal Endangered Species Act (16 U.S.C. 1531 et seq.) information requirements for a permit, proposal, or authorization of any kind from a federal agency, we recommend that you contact the National Marine Fisheries Service at (978)281-9328 and use the U.S. Fish and Wildlife Service's Information for Planning and Conservation website (https://ecos.fws.gov/ipac). If you have any questions regarding this letter please contact Emily Holt, Endangered Species Review Assistant, at (508) 389-6385. Sincerely, Everose Schluter, Ph.D. Assistant Director MASSWILDLIFE Attachment 2 Site Locus Figures BAXTER NYE ENGINEERING & SURVEYING FIGURE 1— USGS Topographic Site Locus 63 SMITHS POINT ROAD, WEST YARMOUTH, MASSACHUSETTS `t7EQ8f 3 Pt 8 4 . ti0 ,. Ile .40 3 � e as N PROJECT fa LOCATION r o Q Fox 13 1 00 Idden � © � •� j */ Eck ** LiWOO 9�CC1CCC ft Sw1e = 1:18.058 ) * 302.883.37m 820.137.41 m * VassGIS Topographic Fea:u•es Snemap BAXTER NYE ENGINEERING & SURVEYING N .A,.75 *O.lt A*7 Imagery Date: 2/27/2018 APPROX. LIMIT OF COASTAL DUNE APPROX. PROJECT ACTIVITIES LIMIT Goo ga 0 300 tt A N FIGURE 4 — FEMA Flood Insurance Rate Map Site Locus 63 SMITHS POINT ROAD, WEST YARMOUTH, MASSACHUSETTS ZONE AE LIMIT OF MODERATE (EL 11) WAVE ACTION • PROJECT LOCATION • w \ • BAXTER NYE ENGINEERING & SURVEYING Abutter Notification -related Documents Signed Administrative Forms DEP Filing Fee Transmittal Form BAXTER NYE ENGINEERING & SURVEYING 5/ 14/ LI WINIFRED I TR Please use this signature to certify this list of properties C/O HERSHEY BARRY J 381 GARFIELD RD abutting within 100' of the parcel located at: CONCORD, MA 01742 ' 63 Smiths Point, West Yarmouth, MA, 02673 Assessors Map 5, Lot 13 5/ 13/ HANNA VALONE LISA & VALONE JAMES 63 SMITHS POINT NOMINEE TRUST Andy kfachado, Director of Assessing 205 RICE RD, WAYLAND , MA 01778 February 28, 2023 5/ 12/ NOLEN CHRISTIAN 71 APPLETON ST CAMBRIDGE , MA 02138 CARROLL JANE C 131 EAST 69TH ST NEW YORK , NY 10021 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: Lisa and James Valone 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: 63 Smiths Point Road, West Yarmouth. D. Proposed work is: Modifications to existing wooden boardwalk. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number: (508) 771-7502 (Baxter Nye Engineering) 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 _John Lavelle (Baxter & Nye Engineering) Address 1597 Falmouth Road Town Centerville, MA 02632 Telephone 508 771-7502 NOTES: ® Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. ® Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. ® You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. DEPARTMENT OF CONSERVATION Town of Yarmouth Conservation Commission WAIVER "Please complete this form, sijzn at the bottom and return by mail or fax to the address indicated above." Date: I� John Lavelle hereby waive the twenty-one day time period for a public Name of Applicant or Representative hearing / meeting following receipt of my filing of, ® Notice of Intent ❑ Request for Determination of Applicability ❑ Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 40, and/or under YarmouthWetland Bylaw. The request was submitted on: 3-1-2023 Date Received in Conservation Dept. for work at: 63 Smiths Point Road Location / Address of where work will be done Please be advised that you will be notified of the meeting date, once this application has been assigned to a Conservation Meeting Agenda. I am the: Applicant Applicant's Representative Property Owner �Uw 44, (Signature) (Date) 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 DEPARTMENT OF CONSERVATION sib ac",6 4 authe4izamm �Gw2 C',e,nenace 3 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: 63 SMITHS POINT ROAD, WEST YARMOUTH Assessors Map/Lot: MAP 5 - PARCEL 13 I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: Date: Please Print Name: JAMES / LISA VALONE If other than owner, please state whether tenant, agent, or other: Mailing Address: 205 RICE ROAD Phone: WAYLAND, MA 01778 Cell: 508-380-9622 Email: LVALONE@COMCAST.NET 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 LlMassachusetts 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. tab :1 A. Applicant Information 1. Location of Project: 63 Smiths Point Road West Yarmouth a. Street Address b. CityfTown 11090 (State) 11089 (Town) $110.00 c. Check number d. Fee amount 2. Applicant Mailing Address: Lisa and James a. First Name Valone b. Last Name c. Organization 205 Rice Road d. Mailing Address Wayland MA 01778 e. Cityrrown f. State g. Zip Code 508.380.9622 Ivalone@comcast.net h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): Same a. First Name b. Last Name c. Organization d. Mailing e. City/Town h. Phone Number i. Fax Number j. Email Address f. State g. Zip Code To calculate B. Fees filing fees, refer to the category Fee should be calculated using the following process & worksheet. Please see Instructions before fee list and 9 g examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). 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. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection j� -- 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 Category 1a (Work on single famliy lot - Boardwalk modification) C. Submittal Requirements Step 2/Number Step of Activities 3/individual Activity Fee Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: Step 4/Subtotal Activity Fee $110 $110 $110 a. Total Fee from Step 5 42.50 b. 1/2 Total Fee less $12.50 67.50 c. 1/2 Total Fee plus $12.50 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.) noifeetf.doc - Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2