HomeMy WebLinkAboutNOIShorefront Consulting
Professional Services on Land or At Sea
290 Center St., Dennis Port, MA 02639
508-280-8046
Yarmouth Conservation Commission
Attn: Brittany DiRienzo
1146 Route 28
South Yarmouth, MA 02664-4492
By hand delivery and email
Re: Notice of Intent Apnlication Filins Packaee
Proposed Vinyl Bulkhead, Tree Pruning and Removal, and Garage
March 23,2023
Richard and Ellen Mello
140 Blue Rock Road
South Yarmouth, MA 02664
Map 17l,Parcel27
On behalf of my clients, Richard and Ellen Mello,I am submitting (l) full size (24"x36") original plus 7
copies of a Notice of Intent Application Filing Package, and three original checks for municipal filing for the
above referenced project. Electronic copies of all documents will be emailed to the conservation office. The
following items are enclosed:
. Notice of Intent Application and NOI Fee Transmittal Form. Signed Administrative Checklist
' Performance Standards Na:rative, Alternatives Analysis, and Construction Protocolr Photographs of the site. Yarmouth USGS Map, Assessor Map I I l, and Flood Map, identifring locus
' Check #2374 for $433.50 made payable to the Commonwealth of Mass. for state share of DEP fee,
(was sent directly to lockbox)
' Check #2375 for $458.50 check made payable to the Town of Yarmouth for town share of DEP fee
' Check #2376for $342.00 for the Town ofYarmouth By-Law fee (Category 1, Site Work forthe
garage and tree work; $100), plus $242 (Category 5, bulkhead: 121 feet)
' Check #2377 for $10.00 check made payable to the Town of Yarmouth for advertising fee. Affidavit of Service, Abuffer Notification Letter and Abutter List
' Plan entitled "Proposed Site Plan, Showing Proposed Garage and Bulkhead" by J.M. O'Reilly &
Associates, Inc., dated 112612023 (l sheet).
' "Sketch Plan Showing Proposed Tree Removal",by Shorefront Consulting, dated l/2412023 (l sheet).
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
Yi0//
Mark Burgess
Shorefront Consulting
B.S. Ocean Engineering
Enclosures: As Stated
cc: Mass. DEP/SERO - Wetlands (by EDEP)
Richard and Ellen Mello (Applicants)
www. shore frontconsulting . c om
sho re fro ntc on sulti ng@gmai I . c o m
Massachusetts Department of Environmental ProvidedbyMassDEP:
Protection MassDEPFile#:
Bureau of Resource Protection - Wetlands eDEPTransaction#:1528541
wpA x'orm 3 - Notice of rntent city/Town:YARMoUTII
Massachusetts Wetlands Protection Act M.G.L. c. 131, 940
A.General Information
1. Project Location:
a. Street Address
b. City/Town
d. Latitude
f. MapPlat#
140 BLUE ROCK ROAD
YARMOUTH
41.691 19N
111
c. Zip Code
e. Longitude
g.ParcelLot #
02664
70.16960W
27
2. Applicant:
lii Individual I- Organization
a. FirstName RICHARD AND ELLEN b.LastName MELLO
c. Organization
d. MailingAddress 140 BLUE ROCK ROAD
e. City/Town YARMOUTH f. State MA g. Zip Code 02664
h. Phone Number 617-212-8137 i. Fu j. Email rjmellol03@hotnail.com
3.Property Owner:
l- more than one owner
a. FirstName RICHARD AND ELLEN b. LastName MELLO
c. Organization
d. Mailing Address 140 BLUE ROCK ROAD
e. City/Town YARMOUTII f.State MA g.ZipCode 02664
h. PhoneNumber 617-212-8137 i. Fax j.Email rjmellol03@hotnail.com
4Representative:
a. FirstName MARK b. LastName BURGESS
c. Organization SHOREFRONT CONSULTING
d. Mailing Address 290 CENTER STREET
e. City/Town DENNIS PORT f. State MA g. Zip Code 02639
h.PhoneNumber 508-280-8046 i.Fax j.Bnail shoreflnntconsulting@gmail.oom
S.Total WPAFee Paid (Automatically inserted firom NOI WetlandFee Transmittal Form):
a.Total Fee Paid 891.00 b.State Fee Paid 433.00 c.CitylTown Fee Paid 458.00
6.Gen€ral Proj ect Description:
PROPOSED VII{YI- BULKHEAD, PROPOSED GARAGE, AND PROPOSED TREE REMOVAL
7a-Project Type:
1.1- SingleFamilyHome 2. l- ResidentialSuMivision
3 . f Limitd Proj ect Driveway Crossing 4 . f- Commercial/Industial
5.1- Docki?ier 6. I- Utilities
7.17 Coastal Engineering Stucture 8. l- Agriculture (eg., cranberries, foresty)
9.1- TranSportation 10. l- Other
7b.Is any portion ofthe proposed activity eligible to be treated as a timited project subjectto 310 CMR 10.24 (coastal) or 310
CMR 10.53 (inland)?
Page 1 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction#:1528547
wpA Form 3 - Notice of rntent Citv/Town:YARMoUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, $40
L l- Yes l7 No If yes. describe which limited project applies to ttris project:
2. Limited Project
S.Property recorded atthe Registry of Deeds for:
a.County: b.Certificate: c.Book: d.Page:
BARNSTABLE 29329 238
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
l.Buffer Zone & Resource Area Impacts (ternporary & permanent):
l- This is a Buffer Zone only project - Check ifthe project is located only in the Buffer Zone of a Bordering Vegetated Wefland,
Inland Bank, or Coastal Resource Area.
2.Inland Resource Areas: (See 310 CMR 10.54 - 10.58, if not applicablg go to Section 8.3. Coastal Resource Areas)
Resource Area Size of Proposed Alteration Proposed Replacernent (if any)
a.I Bank
1. linear t'eet 2. linear feet
b. f
- Bordering Vegetated Wetland
1. square feet 2. square feet
c. r-- Land under Waterbodies and Waterways
1. Square feet 2. square feet
3. cubic yards dredged
fl., Bordering Land Subject to Flooding
1. square feet 2. square feet
3. cubic feet offlood storage lost 4. cubic feet replaced
e. f Isolated Land Subject to Flooding
L square feet
2. cubic feet offlood storage lost 3. cubic feet replaced
f lv Riverfront Area
l. Name of Watenvay (if any)
2. Width of Riverfront Area (check one) f 25 ft. - Designated Densely Developed Ateas only
f 100 ft. - New agricultural projects only
17 200 tt. - All other projects
3. Total alea ofRiverfront Area on the site ofthe proposed prolect
squarr feet
4. Proposed Alteration of the Riverfi'ont Area:
29042 8r 16 1514
a. total square feet b. squarre feet within I 00 ft. c. square t-eet between 100 ft.
and 200 ft.
5. Has an altematives analysis been done and is it attached to this NOI? 17 Yes I- No
Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
ProteCtion MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction#:1528547
wpA Form 3 - Notice of rntent citv/Town:YARMourH
Massachusetts Wetlands Protection Act M.G.L. c. l3 l, $40
6. Was the lot wherrc the activity is proposed created prior to August 1 , 1996? 17 Yes l- No
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Resource Arca Size of Proposed Alteration Proposed Replacement (if any)
a.f Designated Port Areas lndicate siznunder
b. f Land Under the Ocean
1. square feet
Land under the ocean below,
2. cubic yards dredged
c. [- Barrier Beaches Indicate size under Coastal Beaches andlor Coatstal Dunes, below
d. I7 Coastal Beaches 341
l. square feet 2. cubic yards beach nourishment
e. [- Coastal Dunes
l. square feet 2. cubicyards dunenourishment
f l7 Coastal Banks 121
l. linear feet
g. f RocLT Intertidal Shores
l. square feet
h. f Salt Marshes
l. square feet 2. sq ft restoration, rehab, crea.
i I- Land Under Salt Ponds
l. square feet
2. cubic yards dredged
j.. Land Containing Shettfish
l. square feet
k.l- Fistr Rr:ns Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land
Under Waterbodies and Waterways, above
l. cubic yards dredged
l.lu Land Subject to Coastal 686
Storm Flowage l. square feet
4.Restomtion/Enhancement
f Restoration/Replacement
Ifthe project is fbr the purpose ofrestoring or enhancing a wetland resource area in addition to the square fbotage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
f Project Involves Stteams Crossings
Ifthe proiect involves Stream Crossings. please enter the number ofnew stream crossings/number ofreplacement sfeam crossings.
Page 3 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction#:1528547
wpA Form 3 - Notice of rntent citv/Town:YARMoUTFI
Massachusetts Wetlands Protection ActM.G.L. c. 131, $40
a. number of ne\tr stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
StreamHned Massachusetts Endangered Species ActAYetlands Protection Act Review
l. 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 Wildlitb published by the Natural Heritage of Endangered Species program
(NHESP)?
a. [- Yes 17 No
If yes, include proof of mailing or hand delivery ofNOI to:
Natural Heritage and Endangered Species
Program
Division ofFisheries and Wildlife
1 RabbitHill Road
Westborough, MA 01581
b. Date of map:FROM MAP WEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
1.1- Percentage/aueage of property to be altered:
(a) within wetland Resource Area percentage/acreage
(b) outsideResourceArea percentage/acreage
2. [- Assessor's Map or right-of-way plan of site
3.1- Project plans for entire project site, including wetland resource areas and areas outside ofwetland jurisdiction, showing
existing and proposed conditions, existing and proposed tee/vegetation clearing line, and clearly demarcated limits of work **
a. l- Project description (including description ofimpacts outside ofwefland resource area & buffer zone)
b.l- Photographs representative of the site
c.l- MESA filing fee (fee information available at:
)
Make check payable to 'Tlatural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering l0 or more acres of land, also submit:
d. I- Vegetation cover type map of site
e. f- Pncject plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the following
l.l'- Project is exempt from MESA rwiew. Attach applicant letter indicating which MESA exemption applies. (See 321
cMR 10.14,
species-act.html# I 0. 14; 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. l- Separate MESA review ongoing.
a. NHESP Tracking Number
b. Date submitted to NHESP
3.[- Separate MESA review completed.
Include copy of NHESP "no Take" deiermination or valid Conservation & Management Permit with approved plan.
Page 4 of7 * ELECTRONIC COPY
" Massachusetts Department of Environmental Providedby MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction#:1528547
wpA Form 3 - Notice of rntent citv/Town:YARMourH
Massachusetts Wetlands Protection Act M.G.L. c. 131, $40
+ Some projects not in Estimated Habitat may be located in Priority HabitaL and require NHESP review...
2. For coastal projects only, is any portion of ttre proposed project located below the mean high waterline or in a fish run?
a. l- Not applicable - pr oject is in inland resource area only
b. FYes lTNo
Ifyes, include proofofmailing or hand delivery ofNOI to either:
South Shore - Cohasset to Rhode Island, and the Cape & Islands: North Shore - Hull to New Hampshire:
Division ofMarine Fisheries - Division of Marine Fisheries -
Southeast Marine Fisheries Station North Shore Office
Ath: Environmental Reviewer Atfr: Environmental Reviewer
836 S. Rodney French Blvd 30 Emerson Avenue
New Bedford, MA02744 Gloucester, MA 01930
If yes, it may require a Chapter 9l 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 Concem (ACEC)?
a. [- Yes ]7 No If yes, provide name of ACEC (see instructions to WPA
Form 3 or DEP Website fbr ACEC locations). Note:
electronic filers click on Website.
b. ACECName
4. Is any portion ofthe proposed project within an area designated as an Outstanding Resource Water (ORW) as desigrated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. FYes lTNo
5. Is any portion of the site subjept to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 13 l, $
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, g 105)?
a. l-Yes lTNo
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a.l- Yes,AttachacopyofthestormwaterReportasrequiredbytheStormwaterManagementStandardsper3l0CMR
10.05(6)(k)-(q) and check if:
1. Applying for Low Impact Development (LID) site desigr credits (as described in Stormwater Management Handbookl- Vol.2, Chapter 3)
,,
; A portion ofthe site constitutes redevelopment
; Proprietary BMPs are included in the Stormwater Management System
b.l7 No, Explain why the project is exempt:
1
- SineleFamilvHomelr
)-f Emergency Road Repair
3. Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multi-family
Page 5 of 7 * ELECTRONIC COPY
" Massachusetts Department of Environmental
Protection
Provided by MassDEP:
MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction#:1528547
wPA Form 3 - Notice of rntent citv/Town:YARMourH
Massachusetts Wetlands Protection Act M.G.L. c. 131, $40
l- 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 Deparhnent by regular mail delivery.
1 . USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information tbr the
F Conservation Commission and the Department to locate the site. (Electronic tilers may omit this item.)
2. Plans identilying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland
F IBVW replication area or other mitigating measure) relative to the boundaries of each atlected resource area.
3. Identifr the method tbr BVW and other resource area boundary delineations (MassDEP BVIV Field Data Form(s).
17 Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation ofthe methodolory.
4. List the titles and dates for all plans and other materials submitted with this NOI.
F
a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised tr'inal Date: e. Scale:
PROPOSED SITE
PLAN SHOWING SHOREFRONT
pRoposED GARAGE ;offi;irNC J'M' o'REILLY tl26l23 t":20'
ANDBL]LKHEAD
SKETCH PLAN
SHOWING SHOREFRONT
pRoposED rREE ;oftArM No srAMP rt24t23 lu:20'
REMOVAL
5. Ifthere is more than one property owner, please attach a list of these propefty ownels not listed on this form.r
6. Attach proof of mailing forNatural Heritage and Endangered Species Program, if needed.r
7. Attach pncof of mailing for Massachusetts Division ofMarine Fisheries, if needed.r
8. Attach NOI Wetland Fee Transmittal Form.
F
9. Attach StormwaterReport, if needed.r
Page 6 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental
Protection
Bureau of Resourse Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L, c. 131, $40
'' T*o
Fee Exempt No filing fee slnll be assessed fior projects of any city, tovrrn, county, or distict of the Commonwealth, federally recognized Indian
hibe housing authority, municipal housing authority, or the Masmchusetts Bay Transportation Authority.
Applicants must sub,mit the following information (in addition to pages I urd 2 of tlre NOI Wetland Eee Trmunittal Eonn) to oonfirm fee payment
Provided by MassDEP:
MassDE? File #:
eDEP Transaction #. 1528547
CrtylToun:YARMOUTH
a37g
First Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties ofperjury that the foregoing Notice oflntent and accompanying plans, documents, antl supporting data Bre hue
and complete to the best of my knowledge.I understand that tlrc Conssvation Cornmission will placenotifrcation of this Notice in a local newspaper
at the expense of the applicant in accordance with the weflands regulations, 3 I 0 CMR I 0.05(5[a).
I further certi$ underpenalties ofperjury that all abutters were uotified oflhis ap,plicatiorl pursuant to the requirements ofI\{-G.L. c. 13 1, g 40.
Notice must be rnade by Certificate of Ildailing or inwriting by hand <l,elivery or certified ma;il (retrun receipt requested) to all abutters within 100 feet
of the property line of the pmject location.
J -l (" -a3
Ow'ner(if dift'erent)
S_. l) _<?
(if any) 5 tt(otqt coqrsffs(6. Date
For Conservation Commission:
Two copies of the completedNotice oflntert(Form 3), itrchdiry supportirg plans and documentg tuo copies oftheNOl WetlandFee Transmittal
Form, and the city/town fee paynent, to tre Conservation Commission by certified nrail orhand delivoy.
ForIlIrssDEP
One copy of the completed Notice of Intent (Form 3) including supporting plans etrd documentse one copy of the NOI Wetland Fee Transmifial Form,
and a opy of the state fee payn, at to tlrc Iv{assDEP Regional Office (see Insauctions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Irrms 1-3, above, ret'er to t[at sectiou and the Inskuctions for additional submittal
requirenrents.
The original and copies must be sent simultmeously. Failure by the argplicmt to send copies in a tiile\r mm€r may resrtt in dismissal of the
Notice of Intent
Page 7 of 7 *ELFCTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEPFile#:
wPA Form 3 - Notice of Wetland FeeTransmittal eDEPTransaction#:152&547
Form City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, 940
A. Applicant Information
l. Applicant:
a. FirstName RICHARD AND ELLEN b.LastName MELLO
c. Organization
d. Mailing Address 140 BLUE ROCK ROAD
e. City/Town YARMOUTH f. State MA g.ZipCode 02664
h. PhoneNumber 6172128137 i. Fax j. Email rjmellolO3@hofinail.com
2.Property Owner: (if different)
a. FirstName RICHARD AND ELLEN b. LastName MELLO
c. Organization
d. Mailing Address 140 BLUE ROCK ROAD
e. Cityffown YARMOUfi{ f.State MA g. Zip Code 02664
h. PhoneNumber 6172128137 i. Fax j.Email rjmellolO3@hohnail.com
3. ProjectLocation:
a. Street Addrcss 140 BLUE ROCK ROAD b. CitylTown YARMOUTH
Are you exempted from Fee? l- (YOU HAVE SELECTED'NO')
Note: Fee will be exempted ifyou are one ofthe following:
. Crty/Town/County/District
o Municipal HousingAuthority
o IndianTribeHousingAuthority
o MBTA
State agencies are only exempt ifthe fee is less than $100
B. Fees
Activity Type *:*"ry" Activity Fee RF Muttiptier Sub Total
A.)WORKONSINGLEFAMILYLOT;ADDITION, I 110.0r RFAMULTIPLIER 165.00POoL,ETC.; I llu'uu
1.5
A.) WORK ON DOCKS, PIERS, REVETMENTS, Dt 4.00 RFAMULTIPLIER
726.00DTKES, ETC. (CoASTAL oR TNLAND). t2l 4'00 l.s
CitylTown share of fi lling fee State share of fi ling fee Total Proj ect Fee
$4s8.00 $433.00 $891.00
Page 1of 1* ELECTRONICCOPY
CONSERVATION
OF'F'ICE
tuthre iat
Afofice "l Sntmt
All filings must be made on ,o*n of Yarmouth forms. The filing deadline is two weeks prior to the next
scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result
in an Administratively lncomplete Application and will not be advertised for a Public Hearing. Refer to the
. Contact the Conservation Office if you need assistance.
Does the propefi have any outstanding/expired Orders of Conditions? lf 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)
copy filing dropped off or mailed to the Conservation Office including:
1 Administrative Checklist
1 NOI application with original signatures (double sided). Typed signatures will not be accepted.
Hard
\
1 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 include how the project meets performance standards per 310
CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BMlf delineation sheets or other resource area
calculations, and supporting information.
1 100' radius map, current abutters list identiffing the property owners who are to be notified per 310 CMR
10.00and abutter notification form. 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 certifled mail.
\Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing.
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 othenrvise noted. Landscape plans shall be detailed to show
proposed & existing conditions, native species, size and spacing. See plan requirements
armouth's share of State filing fee:Separate check made payable to "Town of Yarmouth"
(refer to NOI Wetland Fee Transmittal Form)
By-law filing fee:
Legal ad fee:
Separate check made payable to "Town of Yarmouth"
Separate check made payable to "Town of Yarmouth"
leas
\
e list project property's street address on checks.Refer to Fee Schedule
DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection
Box 4062
Boston, MA 02211
Yarmouth Conservation Commission . 1 146 Route 28 . South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext.1288 . Fax (508)-398-0836 . TTD# (508) 398-2231
Rev 312023 Page 1 of 2
Digitalfiling emailed to @ and kbrooks@varmouth.ma.us including:
pdf of the entire signed application, supporting information listed above, and plan.
Please list project propefi's street address in the pdf file name.
DEP Submitta!
application. e ..rr<vv'll ru
lf 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_NOl@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@varmouth.ma.us and kbrooks@yarmouth.ma.us. We must receive a copy of this emailwith
the application as proof that it has been submitted to DEP.
lnitia! below
I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing
date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be
staked or flagged.
Please consult the , page 17. \Mthout proper staking your project may be
deemed incomplete and be continued to the next hearing date.
lf Applicable
Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program
Certified Mail Receipt for Massachusetts Division of Marine Fisheries. lf filing via email, CC
bdirienzo@yarmouth.ma.us and kbrooks@yarmouth. ma. us
Watenrvay'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 lntent, 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.
Other Requirements
o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do
you need to file with the Yarmouth Board of Appeals? lf so, you must file with both boards at the same
time.
o lf a vacant lot, have you completed and received a determination for the Building Department for a lot
inquiry form?
*ToviewallConservationfiles/permitsforthepropertyaddressonline,goto@
Yarmouth Conservation Commission . I146 Route 28 . South Yarmouth, ly'.A02664-4492
Tel. (508)-398-2231 Bxt.1288 . Fax (508)-398-0836 . TTD# (508) 398-2231
Rev 312023 Page 2 of 2
Notice of Intent Richard and Ellen Mello , 140 Blue Rock Road, South Yarmouth
Per{ormance Standards Narrative, Alternatives Analysis, and Construction Protocol
Property Description
The property is located on the Bass River; a tidal river on Nantucket sound. The property is located in 'oThe Narrows",
a narrow section of river where the current is swifter than most other parts of the river. The project site is
approximately 3.6 miles inland from Nantucket Sound. The property is located on the western shore of the Bass
River. There is no salt marsh fronting the propefty. The site has a very tall and steep coastal bank, with existing
access stairs and a dock that were permitted and reconstructed in 2016-2017. All of that work was performed by the
owner. The existing dwelling was reconstructed in 1975 (assessors records).
While there is a small high tide beach on this propefty, the tidal current is taking sand away, filling in the channel,
and causing increased erosion at the base of the bank slope. Erosion has increased with the opening of the new bike
path bridge, and increase current along this stretch ofthe river. There is now a very sharp, vertical drop atthe base
of the bank, which continues to increase. The bank slope is completely wooded, well vegetated and stable, wffi
combinations of small and sparse understory growth, wy, and small and mature trees. There are 1,67 trees on this
site, with the majority alongttre coastal bank. The trees are shading out much of the understory growth. Many trees
are covered in vines, many are leaning towards the water. The driveway is paved, with a pervious parking area on
the south side of the lot. That area is fairly level. There are also many trees in this area as well.
Approximately 37 tuees are proposed to be removed on the coastal bank to provide additional light for understory
growth. Another 23 frees are in the buffer zone, and are also proposed to be removed to provide access for
construction and a proposed garage. Refer to the project plans for specific elevations and details, and enclosed
construction protocols.
Project Description - Proposed Work
The purpose of the project is to obtain an order of conditions to install a short vinyl sheetpile bulkhead along the
base of the bank slope, manage the bank vegetation with a combination of tree pruning, de-vining, and removals,
and construct a garage where the existing parking area is now. Each phase is described separately below.
Bulkhead:
The purpose of the bulkhead is to halt the erosion of the base of the bank and provide shorefront protection along
the bank bottom. The bulkhead is proposed to be installed above MHW, and angle in a few places to follow the bank
slope along the shoreline. The bulkhead will provide erosion protection to keep the bank stabilized, and allow the
understory to develop undisturbed. Access for the bulkhead installation will be entirely from the upland. There will
be an access path/road cut down on the south side of the property, in an existing "swale". This will allow a small
excavator to gain access to the slope above the bank bottom to drive the sheeting. A section ofthe existing stairway
will be removed temporarily to provide access on the north side of the stairs.
The returns for the bulkhead will extend landward until the top of the bulkhead meets the existing grade. Once
completed, the area will be backfilled. Fiber rolls are proposed on the north and south ends of the bulkhead to provide
a transition zone for current and wave energy. Once the work is complete, the access will be regraded and restored
to match pre-construction conditions. The bulkhead installation is proposed to be accomplished by the property
owner. There have been many conversations regarding how the work will be performed, what tools and equipment
will be used, etc. There is a well thought out plan for this work. Please consider that the owner reconstructed the
stairs and the landings and dock by himself. He is more than capable of doing this work, and understands that he is
completely responsible for the outcome. The quality of work on the stairs, landing and dock is the same or better
than professional marine contractors have done, and should speak for itself. The bulkhead location is staked and
located along the bank slope by the property owner.
Tree Work:
As previously stated, there are 167 trees on this site. There are 60 trees proposed for removal. The remaining trees
will be de-vined and dead-wooded as needed to improve the condition of the tree. There are 37 trees proposed for
removal on the coastal bank, approximately 22 proposed for removal along the buffer zone, construction access, and
the proposed garage.
Page 1 of 5
Notice of Intent Richard and Ellen Mello, 140 Blue Rock Road, South Yarmouth
There are 3-4 trees at the very base of the bank slope that will require complete removal to allow for the bulkhead
installation. These trees are right on the edge of the top of the scarped slope, are leaning over towards the water, with
half or more of the root system exposed. They will not survive. Those 3-4 trees are proposed for complete removal
to allow the bulkhead sheeting to be installed as close to the scarped slope as possible. There is one tree proposed
for removal on the north side of the lot, in the front yard buffer zone. This tree is ahazard to the dwelling. All trees
will be flush cut and removed from the site. Some of the cut trees will be used temporarily to stabilize the access
pathlroad down the bank slope, but will be removed at the completion of construction.
All of the trees have been identified and marked by the property owner. An arborist is proposed to accomplish the
tree work. While the trees are flush cut, a crane will be used to lift them up from the bank and then loaded for
disposal. Some trees can be winched up the slope as well, depending on their location. All trees will be removed to
the front yard for disposal; no trees are proposed to be removed from the water. The access route will be located to
go between as many of the existing trees as possible, especially along the south slope from the existing driveway.
Proposed Garage;
The garage is proposed to be in nearly the same location as the existing parking area along the south side of the
driveway. Stakes are in place to show the proposed location. This area was staked by the surveyor. The garage is
Iocated in a previously disturbed area, with other structures and hardscape seaward of its proposed location.
Access for this project will be entirely from the upland. Another similar bulkhead was constructed to the south of
this property from a working barge. That barge used a vertical tripod/crane system to install the sheeting because it
could get very close to the base ofthe bank slope, and the crane could lean far enough to get over the sheeting. The
water is deeper there, the river slightly wider, and the site had very little, if any, high tide beach. Therefore, a barge
had just enough room to drive the sheeting from the water. This is not the case for this site. A barge can't get close
enough to the bank bottom (even at high tide) to use the crane/tripod equipment. By the time you get a barge large
enough to float an excavator large enough to drive the sheeting, that type of barge will require 4-5 feet of water,
which is not available close enough to the bank bottom (because of the existing beach). In addition, the barge would
take up too much room, where the waterway is the narrowest along this stretch of river.
Construction sequencing:
The tree work is the first work needing to be accomplished. After the trees are pruned, de-vined and removed, the
access can be created and some of the cut trees can be used in areas where needed to provide stabilization of the
access over and along the bank slope. The second portion of the construction would be the bulkhead. Lastly, after
the bank slope and access have been restored, the garage can be constructed last.
Resource Area Determination
The project site is located on Bass River, a tidal river which flows to and from Nantucket Sound. Mean High Water
and Mean Low Water elevations can be obtained from the Army Corps Profiles, (Tidal Profile #9), and indicate the
elevations in NGVD which exist at the mouth of the river. The further you travel upstream, the more impact the
river bottom, land restrictions, etc. impact the flow of water and reduce tidal flow, limiting the tidal elevations.
There is a stamped plan of record for this project that indicates MHW and MLW from historical data from
previous projects along this portion ofthe river.
Navigation
The location ofthe proposed bulkhead is landward of the MHW mark, as close to the bank bottom as possible. Since
the project will be conducted from the upland, there will be no impact to navigation along the waterway.
Alternatives Analysis for the Riverfront Area (Discussion of Options)
The project as proposed protects the coastal bank from erosion and the introduction of unwanted sediments into an
area of the river that is shallow with a swift current. The project also manages the vegetation on the bank to improve
light and promote understory growth. As such, the following analysis is offered to describe the available options for
this project.
Page 2 of 5
Notice of Intent Richard and Ellen Mello, 140 Blue Rock Road, South Yarmouth
bank will continue to erode, releasing sediment into the river and impacting
Option 1- Do nothing
If nothing is done at this site, the
available water depths. The swift cunent may car:ry some of the sediment away, where it could negatively impact
other areas of the river upsheam and/or downstream. The waterway is narrow and shallow, which is why the cunent
is so strong here. There are portions of the river directly upstream and downstream of this site where there is less
than 2-3 feet of water at low tide available for navigation in the channel itself. While the bank slope is currently
vegetated and stable, erosion at the base will eventually cause the start of "slippage" a condition that works its way
up the bank, causes large amounts of material to enter the waterway at once, and leaves the bank unstable and
unvegetated. Eventually, as we have all seen, the erosion works its way to the house, threatening the stability of the
foundation itself. This is a condition that should be avoided, and the applicant is being accordingly proactive. The
south side of the dwelling already has been anchored due to its close proximity to the top of the coastal bank.
Therefore, the Do Nothing option is not a viable option.
OPTION 2: Construct the bulkhead from the water. As previously discussed, this option would be very difficult,
requiring specialized equipment, if it can be done at all from the water. In addition, the barge would likely cause an
impact to navigation because it would have to be anchored in water deep enough at low tide to avoid grounding. The
work, if even possible, would only be able to be performed at high tide, severely limiting daily construction time and
extending the overall construction period (and associated impacts) greatly. Even if possible, this option does appear
to be the best option based on impacts to the surrounding area, and therefore is not the desired option.
OPTION 3: Construct the bulkhead using a crane. This option was looked at for the properry to the south (172 Blue
Rock Road). The properties are similar. The horizontal distance from the bulkhead location to either the middle of
the front yard (for access to the north side of the bulkhead), or from the driveway (for the south portion of the
bulkhead) is approximately 125. The weight of a vibratory hammer spanned that distance requires alarge crane; one
that is not available from at least two of the marine contractors in the area. Swinging that large of a crane over or
through the existing trees in the front yard, and over the trees in the back yard poses excessive difficulties, even ifa
crane large enough is available. The added expense of a crane while not a conservation concern, is obviously a
concern the for homeowner. Therefore, utilizing a crane to install the bulkhead sheeting does not appear to be a
viable option, and therefore, this option was not chosen.
OPTION 4: Project as proposed - This option provides the benefit of performing all the work from the applicant's
property, with no impact to navigation, the river itself, and surrounding areas. While the project appears large in
nature, each portion of the project is quite manageable. The homeowner has developed a detailed plan to accomplish
the bulkhead installation from his own property. The stair and dock work are first rate, and the owner is confident
that the work can be done without significant or perrnanent impacts to the property. The bulkhead will protect the
coastal bank from erosion (pre-1978 dwelling) and the introduction of unwanted sediments into the river. The tree
work will improve the condition of the existing trees, increase light on the east facing coastal bank, allowing more
understory growth. Overall, the project will enhance the resource areas without significant or perrnanent impacts.
The new bulkhead and fill will restore the coastal bank, and stabilize the bottom of the bank slope, preventing any
slippage and protecting the existing vegetation above. For these reasons, this option is the preferred option.
Performance Standards
The project proposes the construction of a proposed vinyl bulkhead, tree management and removal, and a proposed
garage. The areas affected by the project include Coastal Bank, Coastal Beach, and the Riverfront Area. Each
resource area is addressed below separately. The project as proposed will not have any significant or permanent
adverse effects to the surrounding resource areas.
Coastal Bank - The area of work over the coastal bank extends along the entire bank for the tree work, and along
the bottom of the bank for the bulkhead work. The project will be conditioned to prevent negative impacts to the
bank. No negative impacts are anticipated. In fact, the bank will be improved because of the restoration and
stabilization. Therefore, the project as proposed can be permitted under 3 10 CMR 10.30 (6) through (8).
Coastal Beach - The area of coastal beach extends along the site. While the sheeting will be installed at the very
landward area of coastal beach, no equipment will be on the beach itself. Any work to install the anchors and wale
and cap can be done either from the land or by hand standing on the beach.
Page 3 of 5
Notice of Intent Richard and Ellen Mello ,140 Blue Rock Road, South Yarmouth
The construction will not change the role for the beach in storm damage prevention, flood control, or protection of
wildlife habitat. The bulkhead and associated construction effort will also not change the volume or form of the
beach sediments. The configuration will also not change the ability ofthe beach (seaward of the bulkhead) to respond
to wave action, or the effect for any downdrift beach. The bulkhead and work to install it, as designed will have no
adverse impacts to the coastal beach, and therefore meets the performance standards for work on a Coastal Beach.
Therefore, the project as proposed can be permitted under 310 CMR 10.27 (1) through (7).
Riverfront Area -
There is both I O0-foot and 200-foot riverfront area buffer zones on this property. The work in the 0- 100 riverfront
area is limited to the tree work. There is some tree work and the garage work that is within the 100-200 riverfront
area. None of this work will impact the riverfront area itself. Full restoration of the access path will keep the bank
riverfront area stable and well vegetated.
CONSTRUCTION PROTOCOL
The staging area for materials will be on the applicant's property. The work area shall be kept to a minimum. All
equipment shall be stored on the applicant's property when not in use. No heavy equipment is required or allowed
on the beach. Any refuse material shall be removed from the coastal bank daily. The trees shall be removed by crane
or winch as necessary, and removed from the site. The access shall be restored to pre-construction conditions as
much as practical.
Pre-Construction Meeting
Prior to construction, a pre-construction meeting shall be held on-site with the Contractor, Property Owner (or
owner's representative), and the Conservation Commission andlor agent. The purpose of the meeting is to clearly
delineate the limits of work and access, as well as the staging area. The Conhactor will describe the proposed means
and methods for performing the work within the requirements of the plans, order of conditions and construction
protocol. The Contractor will comply with mitigation measures as established by the Conservation Commission. All
disturbed vegetated areas shall be re-vegetated with similar native vegetation to match pre-construction conditions
and the surrounding areas, or as determined during the pre-construction meeting
To be discussed at this meeting:
o Existing property conditions, necessary precautions to be taken by the Contractor;
o Means and methods for construction;
o Means and methods for siltation controls;
o Necessarypost-construction reparationsandconditions;
. Procedureforpost-constructioninspection;
o Shorefront Consulting's responsibilities for inspection and project coordination
During Construction, the site shall be accessible for inspection during reasonable hours by all parties, members of
the conservation commission and their agents, and the Project Manger.
Post-construction meeting
Upon completion of construction, but prior to equipment being removed from the site, a post-construction meeting
shall be held on-site with the Contractor, Property Owner (or owner's representative), and the Conservation
Commission andlor agent. The purpose of this meeting is to determine that the project has been satisfactorily
completed in accordance with all permits, and that no additional work or mitigation is required by the Contractor.
Restoration of project area
Upon completion of construction, the staging areas, vegetated areas, and any other areas disturbed by the construction
effort shall be returned as much as practical to their pre-construction conditions to the satisfaction of the property
owner and conservation agent.
Page 4 of 5
Notice of Intent Richard and Ellen Mello, 140 Blue Rock Road, South Yarmouth
Suggested Conditions for project - (suggested to be included in the order of conditions)
Restorative plantings shall be installed immediately in any areas left bare from the construction effort. This
includes temporary stabilization with natural turf reinforcement matting, and native plantings that match the
surrounding vegetation. It is not possible to assess an accurate amount of total restorative plantings at this point in
the project. One of the anticipated outcomes is a naturally developed and increased understory vegetation along the
entire coastal bank, which would provide the desired outcome naturally. The area of the path must be restored, and
the commission may require partial mitigation on the bank for a period after construction.
Normally, a simple calculation would be provided to plant a definitive number of plants in specified areas or for a
total amount of square feet of plantings. However, as the tree work will improve available sunlight to improve natural
understory development it is unknown at this time how the bank will respond to the increased light. Therefore, it is
suggested that the bank slope be evaluated for 2 growing seasons after the construction of the bulkhead and the
access restoration. The garage work is not considered in the timeline for completion of the work for mitigation on
the bank. The areas can be evaluated to see if the project areas have restored themselves to a satisfactory condition.
While "satisfactory" is subject to interpretation, it would seem that any further mitigation work would be obvious,
or just minor in nature. If the bank area has not fully restored itself to a satisfactory condition, then it is recommended
to require a2:l mitigation planting of native shrubs or small trees in the areas that have not appreciably restored to
satisfactory condition. This would amount to upto 74 plants, shrubs, or small trees, planted in various areas, and this
quantlty can be adjusted as needed to compensate for established areas, potentially reducing this quantity.
The resulting evaluation can be performed by a certified arborist or contractor qualified for this type of work (not
necessarily a CERP). Since the bank is stable and not barren of vegetation, that level of expertise is not required for
this project and only serves to increase the cost unnecessarily. The conservation commission should also visit the
site and determine if any further corrective action is needed to restore the area.
Once a determination is made, the appropriate mitigation would take place. This may require the extension of the
conservation permit to allow this work to be completed and accepted by the commission. This process is suggested
to allow the bank to restore itself naturally at first, and then augment the plantings as needed after aperiod of time.
This seems to be a practical approach to let nature do what it does first, and then provide additional help as needed.
The project can not be closed out until the bank is restored to a satisfactory condition; whether mother nature does it
naturally, or additional work is required to obtain the desired outcome.
Page 5 of 5
Proposed bulkhead alignment,looking northerly 1-25-23 Existing bank and beach condition looking northerly 1-25-23
Proposed site work—Richard and Ellen Mello—140 Blue Rock Road,Map 111,Parcel 27
Mellow Assessor Map
14,2023
Parcel Boundaries
Data and scale shown on this map are provided for planning and informational
JOIN
£50 0
MAP SCALE 1"=500°
500 1000
(1 lf md jy \I alo PANEL 0583J
HII
=|FIRM
fall FLOOD INSURANCE RATE MAP
BARNSTABLE COUNTY,
MASSACHUSETTS
(ALL JURISDICTIONS)
|PANEL583.0F875 |o(SEE MAP INDEX FOR FIRM PANEL LAYOUT)
CONTAINS:
Ol TY NUMBER PANEL~~SUFFIX
Notice to User:The Map Number shown below
should be used when placing map orders;the
Community Number shown above should beilolusedoninsuranceapplicationsforthesubjectracommunity.
MAP NUMBER
ed 25001C0583J
lo EFFECTIVE DATE
Thy JULY 16,2014=Federal Emergency Management Agency )
This is an official copy of a portion of the above referenced flood map.It
was extracted using F-MIT On-Line.This map does not reflect changes
or amendments which may have been made subsequent to the date on the
title block.For the latest product information about National Flood Insurance
Program flood maps check the FEMA Flood Map Store at www.msc.fema.gov
Shorefront -Shorefront Consulting
Professional Services on Land or At Sea
290 Center St., Dennis Port, MA 02639
s08-280-8046
AFFIDAVIT OF SE,RVICE,
Massachusetts Wetlands Protection Act
M.G.L.' CH 131, Sec.40
I, Mark Burgess, of Shorefront Consulting, hereby certify under the pains and penalties of perjury
that on March 23,2023,I sent notification to abutters, in compliance with the second paragraph of
Massachusetts General Laws, Chapter 131, Section 40, and the Department of Environmental
Protections' Guide to Abutter Notification, dated, April 8, 1994, in connection with the following
matter:
A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth
Wetlands Protection By-law, by Richard and Ellen Mello with the Yarmouth Conservation
Commission on March 23,2023 for the property located at 140 Blue Rock Road, Map 1ll,Parcel27
in South Yarmouth, MA. The project is for a proposed vinyl bulkhead, garage, and tree removal.
The form of notification and a list of the abutters to whom the notice was given and their addresses
are attached to this Affidavit of Service.
Sincerely,
Mark Burgess
B.S. Ocean Engineering
Shorefront Consulting
Enclosures: As Stated
Yarmouth Conservation Commission
Richard and Ellen Mello (Applicants)
www. shore frontc onsulting . c om
shore frontc on sulti ng@gmai I . c o m
Shorefront Consulting
Professional Services on
290 Center St., Dennis Port, MA 02639
s08-280-8046
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETTANDS PROTECTION ACT &
TOWN OF YARMOUTH WETTAND BY-LAW, CHAPTER 143
ln 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 Richard and Ellen Mello
B. The applicant has filed a Notice of lntent 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 i.40 Blue Rock Road
D. Proposed work is
E. Copies of the Notice of lntent 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) 398-223L ext. 1288.
F. Copies of the Notice of lntent may be obtained from either the applicant or applicant's representative.
Applicant's phone number
Or Applicant's representatives phone number 508-280-8046
G. lnformation regarding the date, time and place of the public hearing may be obtained by calling the
Yarmouth Conservation Commission office at (508) 398-223L ext. 1288
H. Person sending this notification (applicant, representative or other)
Name Mark Burgess. Shorefront Consulting
Address 290 Center Street
Town Dennis Port State MA 02639
Land or At Sea
www. shorefrontc onsulting . c om
shore fro ntc o nsulti ng@gmai I . c o m
zip
Telephone
NOTES:
508-280-8046
o Meeting will be held both in person and by remote means; contact the town for login
information.
o Notice of the public hearing, including date, time and place will be published at least five (5)days
in advance in the Register.
o 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.
o You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
111t 27t I
MELLO RICHARD J
MELLO ELLEN M
140 BLUE ROCK RD
sourH YARMOUTH , MA 02664
111t 37t I
SULLIVAN BRIAN S
C/O GHU MEI YI
36 SILVER HILL RD
SUDBURY , MA 01776
111/ 30t I I
PETTERSON BLANE D
C/O PETTERSON BLANE D
141 BLUE ROCK RD
SOUTH YARMOUTH , MA 02664
111t 31t I I
BARKER ROLAND JR TR
C/O BARKER JAMES R
7 ERIN CT
ROBINSVILLE , NJ 08691
111t 26t t I
MAJEWSKI ROBERT E
134 BLUE ROGK RD
SOUTH YARMOUTH , MA 02664
111t 28t I I
BLUE ROCK HEIGHTS ASSOC INC
PO BOX791
SOUTH YARMOUTH , MA 02664.0791
111t 29t I I
PEGORARO PAUL A
156 BLUE ROCK RD
SOUTH YARMOUTH , MA 02664
signature to certify this list of properties
100' of the parcel located at.
Rd., South Yarmouth, MA 02664
111, Lot27
csS Please use this
abutting within
140 Blue Rock
Assessors Map
chado, Director of Assessing
March 17,2023