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Home My WebLink AboutRDAShorefront Consulting Professional Services on Land 290 Center St., D.rrris Port, MA 02639 508-280-8046 or At Sea www. shore frontconsulting . c om sho re fro ntc o n sulti ng@gmai 1 . c o m Yarmouth Conservation Commission Attn: Briffany DiRienzo 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery and email March 23,2023 Re:Request for Determination of Applicabilitv Filine Packase: Proposed Repairs to an Existing Seawall and Stairs Cherin Nestor 49 Shore Road Realty Trust 49 Shore Road West Yarmouth, MA 02675 Map 16, Parcel I I am submitting (1) full size (78"x24") original plus 7 copies of a 1 ility Application Filing Package, and two oiigirat checks ior municipall Electronic copies of all documents will be emailed to the conservation d: . Signed Request for Determination Application l . RDA Administrative Checklist. Performance Standards Narrative and Construction Protocol. Photographs ofthe site. Yarmouth Assessor Map 16, identifring locus ' Check #2371for $75.00 made payable to the Town of Yarmouth for the RDA filing fee ' Check #2373 for $10.00 check made payable to the Town of Yarmouth for advertising fee ' Plan entitled "Sketch Plan Showing Proposed seawall and Stair Repairs", by Shorefront Consulting, datedl/13123. Please schedule this filing for your April 6,2023 public hearing. If there are any questions or concerns regarding this filing, please contact me as soon as possible. Sincerely, n Y0// Mark Burgess B.S. Ocean Engineering Shorefront Consulting Enclosures: As Stated cc: Mass. DEP/SERO - Wetlands (by email) Cherin Nestor (Applicant) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Weflands Yarmouth lmportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. wPA Form 1- nequest for Determination of Applicabirity citv/rown Massachusetts Wetlands Protection Act M.G.L. c. 131 , S4O A. General lnformation 1. Applicant: 49 Shore Road Realty Trust Name 6 Auburn Road E-Mail Address cnestor@comcast.net Mailing Address Wellesley City/Town 617-281-3974 02481 Zip Code Fax Number (if applicabte) 2. Representative (if any): Shorefront Consulting Phone Number Firm Mark Burgess Contact Name 290 Center Street shorefrontconsu lti n g@g mail . com E-Mail Address Mailing Address Dennis Port City/Town 508-280-8046 MA 02639 State Zip Code Fax Number (if applicabte)Phone Number B. 1. Determinations I request the Yarmouth tr tr a tr Conse rvation Comm ission make the following determination(s). check any that apply: a' whether the area depicte! on plan(s) and/or map(s) referenced below is an area subject tojurisdiction of the Wetlands protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referencedbelow are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Weflands protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal weflands ordinance or Oyiaw bi Name of Municipality E e. whether the following scope of alternatives is adequate for work in the Riverfront Area asdepicted on referenced plan(s). wpaforml doc . rev 712712020 wPA Form 1 - Request for Determination of Applicability . page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA FOfm 1- Request for Determination Massachusetts Wetlands Protection Act M.G.L. c. 131 , Yarmouth of Appl icabi I ity citY/rown s40 G. Project Descri ption a. project Location (use maps and plans to identify the location of the area subject to this request): 49 Shore Road West Yarmouth 1 Street Address 16 Assessors Map/Plat Number b. Area Description (use additional paper, if necessary): City/Town 1 Parcel/Lot Number access Steps to the water. The Seawall needs and the stone steps need to be reconstructed minor cosmetic and with new aluminum crack repairs, or wooden steps. c. PIan and/or Map Reference(s): Sketch Plan Showing Proposed Seawall and Stair Repairs 1113123 Title Title Date Title 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Cosmetic repairs to the existing seawall to repair and seal cracks, skim coating of concrete for aesthetics. Steps will be removed and replaced with proper aluminum or wooden steps. wpaforml doc 'rev 712712020 WPA Form 1 - Request for Determination of Applicability ' Page 2 of 4 ll/lassachusetts Department of Environrnental Protection Bureau of Resource Protection - Wetlands Yarmouth wPA Form 1- Request for Determination of Applicability citvffown Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 C. Proiect Descri ption (cont.) !. ldentiff provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of lntent for all or part of the deicribed work (use a'Oditionil paper, it necessary). Work is within the existing seawall, and the existing steps are maintenance of existing steps. No new work is proposed. 3. a. lf this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classilication below that best describes the project. fl Singte family house on a lot recorded on or before Bt1tg6 ! Single family house on a lot recorded after 8/1/96 I Expansion of an existing structure on a lot recorded after g/1/96 I Prolect, otherthan a single-family house or public project, where the applicant owned the lot before 8ru96 f] New agriculture or aquaculture project f| Public project where funds were appropriated prior to gt7tg6 f] Prolect on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision f] Residential subdivision; institutional, industrial, or commercial project f] Municipalproject fl District, county, state, or federal government project fl |ro1""t required to evaluate off-site alternatives in more than one municipality in an Environmental lmpact Report under MEPA or in an alternatives analysis'puriuant to an application for a 404 permit from the U.S- Army Corps of Engineers or aM Water euality Certification from the Department of Environmentat protection. b. Prqvide evidence (e.9., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if ne-cesiiry.) - wpaforml.doc . rev. 7 127 12020 wPA Form '1 - Request for Deterrnination of Appricability . page 3 of 4 llllassachusetts Depaftment of Environmental Protection Bureau of Resource Protection - weflands Yarmouth wPA Form 1- Request for Determination of Applicability citvffown Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 D, signatures and submittal Requirements I hereby certiff under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEp Regionaloffice were sent a complete copy of this Request (including iti appropriate Oocirinentation) simultaneously with the submittal of this Request to the Conservaiion Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicabil ity. Name and address of the property owner: Cherine Nestor Name 6 Auburn Road Mailing Address Wellesley City/Town MA 02481 Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expensein accordance with Section 10.05(3XbXl) of the Wetlands Protection Act regulaiions. Da wpaforml.doc . rev. T12712020 wPA Form 1 - Request for Determination of Applicability . page 4 of 4 &dminiahuliue Wiat,CONSE,RVATION OF'FICE frrqurat loto Ddsutthafion "l h pUufi@ 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 meetingr l.,lo new information may be accepted into the Gommissioners' packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative lncomplete 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. t hardcopy RDA application with original signatures (double sided). * t hardcopy detailed project narrative to include sufficient information to enable the Conimission to determine whether the proposed work will alter an area subject to protection. t hardcopy BVW delineation sheet(s), coastal bank calculation and other relevant material if applicable (not applicable for flood zone only projects). t hardcopy Yarmouth Assessor's locator map highlighting parcel(s) where work is proposed, including map Assessor's maps can be found at www.varmouth.ma.us70/Assessorand parcel numbers. X 1 original and 7 photocopies of the plan/sketch, folded separately, right side out with tiile visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall show proposed and existing conditions, native species, size and spacing. A pdf copy of the entire signed application, supporting information listed above, and plan/sketch emailed to bdirienzo@yarmouth.ma.us. Please put the property's street address in the pdf file name. Local filing fee - separate check payable to "Town of yarmouth". Legal ad fee - separate check payable to "Town of yarmouth". (Refer to Fee Schedule at ) A pdf copy of the entire signed application and plan/sketch must be sent VIA EMAIL the same day to DEp, Southeast Region at SERO-NOl@mass.gov with the subject line in the email per DEP's request listed as"YARMOUTH - RDA - Street Address - Applicant Name" and copied to bdirienzo@varmouth.ma.us. We must receive a copy of this email as proof that it has been sent to DEP. lf applicable, submit a copy of any Certified Mail receipts (PS Form 38OO) for others, such as Massachusetts Natural Heritage and Endangered Species Program, Massachusetts Division of Marine Fisheries, etc. Alternatively, you may visit their websites for electronic filing information. lf filed electronically, please copy bdirienzo@yarmouth. ma. us. * lf the applicant is NOT the property owner: Please submit a signed Site Access Authbrization Form; AND The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this office. Please submit a copy of the Certified Mail receipt with application. Yarmouth Conservation Commission . 1 146 Route 28 . South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 ' Fax (508)-398-0836 . TTD# (5OB) 398-2231 . bdirienzo@yarmouth.ma.us and address be detailed to X Rev. 912022 Shorefront r Shorefront Consulting Professional Services on Land or At Sea 290 center st., Dennis Port, MA 02639 www.shorefrontconsulting.com508-280-8046 shorefrontconsulting@g-uil."o- Request for Detemination of Applicability - Cherin Nestor- 49 Shore Road project Description Project Narrative Th^e purpose of this project is to repair in place an existing concrete seawall and stone steps for the abovereferenced property. The seawall has existed since before tli 1.ee l97l aerialbelow). l97l Historic Aerial - photo from Historic Aerials.com The wall is secure, but there are several cracks that the owner would like to seal up. Also proposed is a ,oparge coating" over the wall sides for aesthetics only. There is no structural damage to the wall and no'structural repairs are proposed. There are also a few drain holes along the front of the inside of the wall, that the owner wants tomake saft for her grandchildren. There is also a set of concrete beach access steps that go through the middle of the wall. These steps have beendamaged by winter ice freeze/thaw, and salt water in glneral. T1e lower steps are not flat; they are slippery and are a safety hazatd- The owner would like to remove these steps, leaving the existing rocks in place, andconstruct either timber or aluminum steps in their place. The stairs would have the option of-being removable. Description of Proposed Work The work consists of cosmetic repairs to an existing concrete seawall. Crack sealing and repairing, and perhaps a small skim coating of concrete adhered to the existing concrete "parge coating" to clean up the wall and make it look nicer. No structural repairs are proposed. The existing concrete stairs can be removed with a small excavator from the landward side of the lawn, so no equipment seaward of the wall; only in the lawn area to reach over and grab the steps to remove them. The new stairs can be fabricated in place, or on site behind the wall, and then [taced into position. There will be two posts at the bottom of the steps to secure the steps against wave action. The new steps will be removeable at the owner's option. All of the work is within the seawall, except for the stairs, and then that equipment does not have to be in the resource area to perform the work. No portion of the resource area will be disturbed or altered as a result of the proposed work. The portion of the proposed work can be accomplished without any negative effects to the i"ror... area, andwithout any alteration of the resource areas, and within the existing footprints. Therefore, we request that this project be approved under an RDA and the project can proceed. Thank you for your consideration on approval ofthis proposed project Sincerely, Mark Burgess Shorefront Consulting B.S. Ocean Engineering CC: Cherin Nestor (APPlicant) Page 2 of 2 H 0c)L--\ara e).-g A-t t-{ -q) CJfr 6g Fr a\\o F{ g G aa\--{r)--o---L 6s +.ac) F a\E Got q)Lo--a o\t+ a\tio+.ac)z sl-.l fr()--U IJo $-{.ri cldgoti()p o+) C) F{oF4r-{ trofid 3-{E b0i. r-{f-)a. rr{X E] ril\., C)$i o r-{dqo $-'( ().o ol) (,) oF1Frr{i. r-{ Cdt-{E a0g o r-lpa o rr{ XH o€ .F{a a-lt-'{L{O+)ad C) .a\a,VO 0dt-{o A;Litl-). rr{ - t-{ t-{d -CB C)a ootr. r-{t)a oF{ X rrl <,o() CB F{g (l) l-ro.o ol-) aq (.){-)a o0 F1t-{. t-{+)a o-{ XrI] a.Vo c'3t{O*{+-). r-l B r-{ F{d B CO()a botrofi.F)a. r-{XH -tn E t f i I f I l, T s(Ool() .t r (f) NoN sr o- G f-o U)aoaa C t-t-o .C O E a[ T rl: