HomeMy WebLinkAboutNOI applicationor At Sea
www. shore frontc onsultirg . com
shore frontc onsulti ng@gmai I . c o m
Yarmouth Conservation Commission
Attn: Brittany DiR ienzo
1146 Route 28
South Yarmouth, MA 02664-4492
By hand delivery and email
Re:
Alan and Julie Shawcross
60 Ice House Road
March 23,2023
South Yarmouth, MA 02664
Map 59, Parcel 136
1) full s us 7
ginal ch for theemailed e. The
' Notice of Intent Application and NoI Fee Transmittal Form' Signed Administrative Checklist
' Performance Standards Narrative, Alternatives Analysis, and Construction protocol. Photographs of the site. Yarmouth USGS Map, Assessor Map 59, andFlood Map, identifzing locus' check #2383 !r W.50 made payable to the common#ealth of MaJs. for state share of DEp fee, (wassent directly to lockbox)
' Check #2384.Pt !Z?.50 made payable to the Town of Yarmouth for town share of DEp fee' check #2385 for $60 made payable to the Town of Yarmouth for the town By-Law fee ($2/lin. ft. for30ft.; Category 5, dock)
' Check #2386 for $10.00 check made payable to the Town of Yarmouth for advertising fee' Letter to the Waterways and Shellfish Advisory Committee, dated Febru ary 6,2023.' Affidavit of service, Abutter Notification Letter, Abutter List' Plan entitled "Plan Showing Proposed Seasonal Dock", by Shorefront consulting and Down CapeEngineering, dated l0/ 19122.
Please schedule this filing for your Aprit 6, 2023 public hearing. If there are any questions or concernsregarding this filing, please contact mi us soo, as possible.
Sincerely,
f\
Ylaf
Mark Burgess
Shorefront Consulting
Enclosures: As Stated
cc: Mass. DEP/SERO - Wetlands (by EDEp)
Alan and Julie Shawcross (Applicants)
Professional services on Land
290 Center St., Dennis port, MA 02639
508-280-8046
Massachusetts Department of Environmental provided by MassDEp:Protection MassDEPFile#:
Bureau of Resource protection - Wetlands eDEp Transaction #:1529595
WpA tr,orm 3 _ Notice of Intent Cityffown:yARMOUTII
Massachusetts Wetlands Protection Act M.G.L. c. 131, g40
A.General Information
1. Project Location:
a. StreetAddress 60ICEHOUSE ROAD
b. City/Town YARMOUTII c. Zip Code 02664
d. Latitude 41.66g77N e. Longihrde 70.1991lW
f. Map/Plat # 59 g.parcel/Lot # 136
2. Applicant:
17 Indivifual l- Organization
a. FirstName ALAN AND JULIE b.LastName sHAwcRoss
c. Organization
d. MailingAddress 5809 WESTROWEL ROAD
e. city/Town PHOENIX f. state AZ g.Zipcode g50g3
h. PhoneNumber 602-214-6925 i. Fa,x j.Bnail ajshaw6l@cox.net
3.Properf Owner:
l- more than one owner
a' FirstName ALANAND JLILIE b. LastName sHAwcRoss
c.organizaficr:,
d. MailingAddress 5809 WEST ROWEL ROAD
e' city/Town PHOENIX f.state AZ g.Zipcode 85083
h. PhoneNumber 602-214-6925 i. Fax j-Email ajshaw6l@cox.net
4.Representative:
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 02639h'PhoneNumber 508-280-8046 i.Fax j.Email shorefrontconsulting@gmail.com
S.Total wPA FeePaid (Automatically inserted from NoI wetlandFee TransmithlForm):
a'Total Fee Paid 120.00 b.state Fee paid 47.50 c.ciff/Town Fee paid 72.50
6.General Projec{ Description:
PROPOSED SEASONAL DOCK ON LONG POND
Ta.Project Type:
1.1- SingleFamilyHome 2. l- Residentialsubdivision
3.I- Limited Project Driveway crossing 4. I- commercial/Industrial5.FDock/Pier 6. I-Utilities
7.1- coastal Engineering stucture g. l"- Agriculture (eg., cranberries, foresffy)
9.1- Transportation 10. l- Other
7b.Is any portion of the proposed activity eligible to be teated as a limited project subject to 310 CMR 10.24 (coastal) or 310
CMR 10.53 (inland)?
Page 1 of 7 * ELECTRONIC COpy
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, $40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #: 1 528585
City/Town:YARMOUTH
d.Page:
t25
1. l'- Yes 17 No
Z.Limited Project
If yes. describe which limited project applies to this project:
S.Property recorded at the Registry of Deeds fbr:
a.County:
BARNSTABLE
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
l.Buffer Zone & Resource Area Impacts (temporary & permanent):
I- This is a Buffer Zone only project - 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)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
b.Certificate:c.Book:
30330
a.f Bank
b.17 Bordering Vegetated Wetland
c.l7 Land under Waterbodies and Waterways
d. '- Bordering Land Subject to Flooding
e. - Isolated Land Subject to Flooding
f I- Riverfront Area
2. Width of Riverfront Area (check one)
1. linear tbet
26
1. square feet
94
1. Square f-eet
3. cubic yards dredged
l. square f'eet
3. cubic feet of flood storage lost
1. square feet
2. cubic feet of flood storage lost
2. square feet
4. cubic feet replaced
I- Yesl- No
Page 2 of 7 * ELECTRONIC COPY
2. linear feet
2. square feet
2. square feet
3. cubic feet replaced
1. Name of Watenvay (if any)
f 25 ft. - Designated Densely Developed Areas only
f 100 ft. - New agricultural projects only
f 200 ft. - All other projects
square feet
3. Total areaof Riverfront Area on the site of the proposed project
4. Proposed Alteration of the Rivertront Area:
a. total square feet b. square feet within 100 ft. c. squal'e tbet between 100 ft.
and 200 ft.
5. Has an alternatives analysis been done and is it attached to thisNOI?
Massachusetts Department of Environmental provided by MassDEp:Protection MassDEp Fite #:
Bureau of Resource protection _ Wetlands eDEp Transaction #:15285g5
WpA X.orm 3 - Notice of fntent City/Town:yARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 13l, $40
6. was the lot where the activity is proposed created prior io August r, 1996? [ yesl- No
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Size ofProposed Alteration proposed Replacernent (ifany)
a.l- Designated Port Areas Indicate size under Land under the ocean below,
b.l- Land Underthe Ocean
1. square feet
2. cubic yards dredged
c'l- Barrier Beactres Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d. f Coastal Beaches
e.I* Coastal Dunes
f l- Coastal Banks
g.l- Roclry Intertidal Shores
h. f Salt Marshes
i I- Land Under Salt Ponds
2. sq ft restoration, rehab, crea.
2. cubic yards dredged
.i. f Land Containing Shellfish
l. square feet
k' l- Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the ocean, andlor inland Land
Under Waterbodies and Waterways, above
l. cubic yards dredged
l. f Land Subject to Coastal
Storm Flowage l. square feet
4.Restoration lEnhancement
f Restorati on/Replacement
Ifthe project is fbr the pulpose ofrestoring or enhancing a wetland resource arrca in addition to the square fbotage that has beenentered 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 Crosslngs
I- Project Involves Streams Crossrngs
Ifthe proiect involves Stream Crossings. please enter the number of new stream crossingVnumber of replacement stream crossings.
1. square feet
1. square feet
1. linear feet
1. square feet
l. square feet
1. square feet
2. cubic yards beach nourishment
2. cubic yards dune nourishment
Page 3 of 7 * ELECTRONIC COpy
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, $40
(a) within Wetland Resource Area
(b) outside Resource Area
Provided by MassDEP:
MassDEP F ile #:
eDEP Transaction #: 1 5285 85
Cif/Town:YARMOIJTH
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Weflands Protection Act Review
l. Is any portion of the proposed project located in Estimated Habitat of Rare Wildtife as indicated on the most recent
Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
a. t- Yes I7 No
If yes, include proof of mailing or hand delivery ofNOI to:
Natural Heritage and Endangered Species
Program
Division ofFisheries and Mldlife
1 RabbitHillRoad
Westborough, MA 01581
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR l0'18)""
c. Submit Supplernental Information for Endangered Species Review * (Check boxes as they apply)
1. l- Percentag elacreage of property to be altered:
percentagelacreage
percentagelacreage
2. [- Assessor's Map or right-of-way plan of site
3.1- projectplansforentireprojectsite,includingwetlandresourceareasandareasoutsideofwetlandjurisdiction,showing
existing and proposed conditions, o<isting and proposed ftee/vegetation clearing line, and clearly demarcated limits of work **
a.l- project description (including description of impacts outside of wetland resource area & buffer zone)
b.l- Photographs representative of the site
c.l- MESA filing fee (fee information available at:
)
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 ot more aues of land, also submit:
d. l- Vegetation cover type map of site
e.l- Pnoject plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the following
I . i- project is exempt fi.om MESA review. Attach applicant letter indicating lvhich MESA exemption applies. (See 321
CMR 10.14, lrttn:lati
soecies-act.html#10.14; theNOI must still be sentto NHESP if the project is within estimated habitat pursuantto 310 CMR
10.37 and 10.59.)
2.1- Separate MESA review ongoing.
a. NHESP Tracking Number
b. Date submitted to NHESP
3.I- Separate MESA review compleied-
Include copy ofNHESP "no Take" determination or valid Conservation & Management Permit with approved plan.
Page4 of7 * ELECTRONIC COPY
Massachusetts Department of Environmentar
Protection
Bureau of Resource protection - wetlands
WPA Form 3 - Notice of Intent
Provided by MassDEp:
MassDEP File #:
eDEP Transaction #:l 52g5g5
Cigffown:YARMOUTH
Massachusetts Wetlands protection Act M.G.L. c. l3l, g40
x some projects not in Estimated Habitat may be located in priority Habitat,and require NHESp review...2' Forcoastalprojectsonly,.isanyportionoftheproposedprojectlocatedbelowthemeanhighwaterlineorinafishrun?
a.l7 Not applicable - pncject is in inland resource-area onlyb. Fyes l-No
Ifyes, include proof of mailing or hand delivery ofNOI to either:
South Shore - Cohasset to Rho,Ce Island, and the Cape & Islands:North Shore - Hull to New Hampshire:
Division ofMarine Fisheries -
southeast Marine Fisheries station Division ofMarine Fisheries -
Atfi: Environmental Rwiewer North shore office
836 s. Rodney French Blvd At[r: Environmental Reviewer
NewBedford, MA02744 3oEmersonAvenue
Gloucester, MA 01930If yes' it may require a chapter 91 license' For coastal towns in the Northeast Region, please contact MassDEp,s Boston office.For coastal towns in the Southeast Region, please contact MassDEp,s Southeast Regional office.3' Is any portion ofthe proposed project within an Area of critical Environmental concem (ACEC)?
a.l.- Yes l7 No If yes, provide name of ACEC (see instructions to wpA
Form 3 or DEp website fbr AGEC locations). Note:
elechonic filers click on Website.
b. ACECName
4' Is any portion ofthe proposed project within an area designated as an outstanding Resource water (oRw) as designated in theMassachusetts Surface Water euality Standards, 314 CMR 4.00?a. l:Yes FNo
5' IsanypoftionofthesitesubjecttoawetlandsRestrictionorderunderthelnlandwetlandsReshictionAct(M.G.L.c.
13l,g40A) or the Coastal Wetlands Resfriction Act (M.G.L.c. 130, g l05Xa. FYes lTNo
6' Is this project subject to provisions ofthe MassDEp siormwater Management standards?
a' [- Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 3 1 0 cMR10.0s(6)(k)-(q) and check if:
1' Applying for Low Impact Dwelopment (LID) site design credits (as described in Stormwater Management Handbookf Vol.2, Chapter3)
,)
; A portion offlre site constihrtes redevelopment
; Proprietary BMps are incruded in the stormwater Management System
b.F No, Explain why the project is exempt:
SingleFamilyHome
Emergency Road Repair
small Residential subdMsion (less than or equal to 4 singlofamily houses or less than or equal to 4 units in multi-family
1.
lr/
2.r
J.
Page 5 of 7 * ELECTRONIC COpy
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c' l3 I , $40
f housing project) rn,ith no discharge to Critical Areas.
D. Additional Information
ApplicantsmustincludethefollowingwiththisNoticeoflntent(NoI).Seeinstuctionsfordetails.
onrine users: Attach the document transaction number (provided on your receipt page) tbr any of the following information you
submit to the Department by regular mail delivery'
I . USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information tbr the
l7 item')
2. ordering Vegetated Wetland
F resource area'
3. FieldDataFom(s)'
F ation of the methodologY'
4. List the titles and dates for all plans and other materials sub
F
a. Plan Title: b' Plan Prepared By: c' Plan Signed/Stamped By: c' Revised Final Date: e' Scale:
PLAN SHOWING
PROPOSED
SEASONAL DOCK
7":20'
If there is more than one property owner, please attach a list of these properly owners not listed on this form'
Attach proof of mailing tbrNatural Heritage andEndangered species Program, if needed'
AttachproofofmailingforMassachusettsDivisionofMarineFisheries,ifneeded.
Attach NOI Wetland Fee Transmittal Form'
Attach Stormwater Report, if needed'
Provided bY MassDEP:
MassDEP File #:
eDEP Transaction #: 1 5285 85
City/Town:YARMOUTH
SHOREFRONT DANIEL OJALA, P'E', PLs 10/1 sl22
CONSIJLTING
5.
t-
6.r
7.r
8.
17
9.r
Page 6 of 7 * ELECTRONIC COPY
*
Massachusetts Department of Environmental
Protection
Bueau of Resource Protection - Wetlands
WPA Form 3 - Notice of fntent
Massachusetts Wetlands Protection Act M.G.L. c. 131, $40
E. Fees
1-
Fee Exempt: No flling fee shall be assessed for projeots of any city, towq cormf, or distict of the Commonwealth, federally recognized Indian
tribe houing authority, munioipal housing authodty, or the Massaohusetts Bay Transportation Authority.
Applioants must submit the following information (in addition to pages I and 2 of the NoI Wetland Fee Transmittal Form) to oonfirm fee payment:
Provided by MassDEP:
MassDEP File #:
eDEP Transaction # : 1 528585
City/Town:YARMOUTH
5. Paver name on check: First Narne
F. Signatures and Submittal Requirements
I hereby oerti! under the penalties of pe{ury that the foregoing Notioe of Intent and aooompanying plans, doouments, and supporting data are trw
and oomplete to t}re best of my knowledge. I mderstand that the Comm'ation Commission will place notification of this Notioe in a looai newspqoer
at the expmse of tho applioant in aooudanoe with the wetlmds regulations,3l0 CMR 10.05(5xal
[ further oertifr under ie/$nerjuV that all abutters were notified of this applicatiorq pursuant to tl-re requirements of M.G.L. o. 131, g 40.
F*te of Mailing or in writing by hand delivery or certified mail (retum receipt requested) to all abutters within 100 feetNotioe must be made by
looation.
of Apolicant
4. Date
6. Date
For Conacrvation Commisslont
Two oopies ofthe compleH Notioe of Intelrt (Form 3), iooluding zupporting plans and doctrments, two copies of the NOI Wetland Fee Transmittal
Fomr. and the oitv/town fee pcymeo! to the Conservation Cornmission by certified meil 66 tuf,rd deliyery. -
Forlldessl)f,R
One oopy ofthe completed Notiae oflntent (Form 3), includiqg supporting plans aod documents, one copy ofthe NOI Wetland Fee Tranqnittal Forq
and a oopy of the state fec peynent to ttrc NdassDEP Regional Offioe (soe tosEr:ctions) by oertified mail oi hrnd d"lirerl-.
Othcr:
Ifthe qppliomt has oheoked the 'yes' box in Seotion C, Items l-3, above, refer to that s€otion aod the Inskuotions for additional submittal
tqlurremgnts.
The origigrl and oopies must be sent simultaneously. Failure by the applicant to send oopies in a timely manocr may result in dimisal ofthe
Notioe oflntent.
Page 7 of 7 * ELECTRONIC COPY
2. Date
of Property Owner(if different)
fo{ Csq(,tttfiy
Massachusetts Department of Environmental Protection ProvidedbyMassDEp:
Bureau of Resource protection _ Wetlands MassDEpFite#:
WpA Form 3 - Notice of Wetland FeeTransmittal eDEpTransaction#:1528585
trorm City/Town:yARMOtIIH
Massachusetts Wetlands protection Act M.G.L. c. 131, $40
A. Applicant Information
L Applicant:
a. FirstName ALANAND JLILIE b.LastName SHAWCROSS
c. Organization
d. Mailing Address 5809 WEST ROWEL ROAD
e. CitylTown PHOENIX f. Stare AZ g.ZipCode 85083
h' PhoneNumber 6022146925 i. Fax j. Email ajshaw6r@cox.net
2Property Owner(if different)
a. First Name ALAN AND ruLIE b. LastName SHAWCROSS
c. Oryanization
d. MailingAddress 5809 WEST ROWEL ROAD
e. City/Town PHOENIX f.state M. g.ZipCode 85083
h' PhoneNumber 6022146925 i. Fax j-Email ajshaw6l@cox.net
3. ProjectLocation:
a' Steet Address 60ICEHousE ROAD b. citylTown yARMourH
Are you exempted from Fee? T (yOU HAVE SELECTED T{O)
Note: Fee will be exempted ifyou are one of the following:
. City/TodCounty/District
o Municipal Housing Auftority
o Indian TribeHousingAuttrority
o MBTA
State agencies are only exempt ifthe fee is less than $100
B. Fees
Activity Type Activitv
Number Activity Fee RF Multiplier Sub Total
A.) WORK ON DOCKS, PIERS, REVETMENTS,
DIKES, ETC. (coASTAL oR TNLAND). 30 4.00 120.00
City/Town share of tilling fee State share of filing fee Total Project Fee
$72.s0 $47.s0 $ 120.00
Page I of I * ELECTRONIC COpy
CONSERVATION
OF'F'ICE
fuiniaW iat
Afofice "{ Jnter*
vKrwuru .trqlrtunaufrn:
All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next
;ilhilil; "#il;illj
A-_a^ _a ar. contact the conservation office if you need assistance.
No Pol th-e propefi have any outstanding/expired orders of conditions? lf so, ptease file a Requestfor Certificate of compliance for each outslanding/expired order, as the commission mav not issue a nerorde*ntir
"nv
o,t.i"IoTnJ,Ziii,,,Ei"o'l:Xi.,':?:i::[':ff :i"Tb?.";;::lg::?:ffl,not issue a new
copy filing dropped off or maited to the conservation ffice including:
1 Administrative Checklist
1 NOI application with originalsignatures (double sided). Typed signatures wi1 not be accepted.
CMR 10.0 & TOy Wefland Bylaw, Chapter 143,
calculations, and supporting information.
1]99' radius map, current abutters list identifiTing the property owners who are to be notified per 310 CMR10'00and abutter notification form. Abutters lisi m-ust be c.imn"a by the Town Assessol,s office. TheAssessot's office requires 7 days advance notice. Allabutters must be notified via certified 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 ptan, folded separately, right side out with tifle and proiect address visprani shar ;r#Hi,;;'ffi#ah*i"^T,fll,Xli[i:tJfjn:ri:#ith titre and project address visrbre' Arr
proposed & existing conditions, native species, size and spacing. CJe
Yarmouth's share of State filing fee: Separate check made payable to ,,Town of yarmouth,,
(refer to Nol wefland Fee Transmittal Form)
separate check made payable to "Town of yarmouth,,
Separate check made payable to "Town of yarmouth,,
By-law filing fee:
Legal ad fee:
Pl ase list project propefi'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 . l 146 Route 2g . South yarmouth, MA02664-4492
Tel. (508)-398-223r Ext. r288 . Fax (508)-398-0s36 . TTD# (508) 398-2231
\
Rev 312023
Page 1 of 2
n.&
Digital filing emailed to bdirienzo@varmouth.ma.us and kbrooks@varmouth.ma.us including:
A pdf of the entire signed application, supporting information listed above, and plan.
'please list project froperty's street address in the pdf file name.
DEP Submittal
lf not filing via eDEp, a copy of your application, plan, and all other supporting information must be sent
:rL rL^ ^..Li^^+ li^a ir
Vla t!iliiiil;;;;;ii.biFl s,i,,iineast iesron at sEFo-ry9pmass.sov.witllry-:!Pr-":l'1"-'l
the emait per DEp's ,"qr6ri tisted as 'YARMOUT:H - NOI - Street Address - Applicant NTg,:i*|$:l
tO hdirianzn 6i\vah.lirianznlilvarmnr rfh ma tts andm, us and kbrooks@varmouth.mu.We must receive a copy of this emailwith
the application as proof that it has been submitted to DEP.
lnitial below
I GERTIFY 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 relevaht resource areas and buffer zones must be
staked or flagged.
please consult the yarmouth Wetland Reoulations, page 17. Without 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
Waterway's jurisdiction - Any coastal projects such as, but not limited to, docks, piers, bulkheads,
revetments, dreoginj and boardwalrs'snill require submittal of all Notice of lntent, plans and supp-lemental
information to the Town of yarmouth Waterways/Shellfish Committee via the Natural Resources ofiice by
certified mail or nano oetivery. The applicant oi his/her representative must provide the conservation
office proof that this has been done or the flling 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 io file wigr the yarmoutn eoiio of Appeils? 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?
*To view all Conservation files/permits for the propefi address online, go to www.varmouth'ma'us
Yarmouth conservation commission . 1146 Route 28 . South Yarmouth, MA02664-4492
Tel.(508)-398-22311xt,1288.Fax(508)-398-0836.TTD#(508)398-2231
Rev 312023 Page 2 of 2
Notice of Intent shawcross, 60 Ice House Road, South yarmouth, MA
Performance Standards Narrative, Alternatives Analysis, and Construction protocol
Property Description
The property is located on Long Pond; a great_pgryf, The project site is an established property with an existingdwelling conshucted in 1960 (assessors records). rn" *ai"r{o nt axeais along the entire frontage, but there arethree areas of access to the pond that were reviewed for the dock location. Uiiimately, the deepest location wasout at the end of the existing access stairs to the pond are located,Th";;il;;;i-J* airr*tance is required toset or maintain the dock. The site has a formal iniand bank. The Bvw runs along the frontage. the ponJwaterlevel was measured by a field s]lrvey performed by Down Cape Engineering in oJtober 2022, andobserved to beat 7 'l' NAVD88 at the time of the measurements. The Yarmouth Natural i."ro*.", Department was consulted
fgt-mq ordinary High Water (oHw) level and indicated thatitwas at elevation 6.9' (NGVD), with the historicalhigh water (Ifiw) level at 8.1 feet (Ncvo). These elevations translate to an OHW Lro, 6Navogg) and HHwat 7 '2' (NAVD88). There were no adjacent docks present at the time of the measurements. It is approximately200 feet from the outer edge of the existing float across the pond to the opposite stroretine, at a peninsula.
Project Description
The dock is a seasonal dock that is currently owned by the property owner. The dock does not require newcctlstruction; only leveling for ttre initial installation- rhe propert5rowner will likely accomplish this themselves.This Notice of Intent filing addresses proposed work in the resources af,eas consisting of BVW and Land Under
1G1eat Pond. (3) 4'x10' sections are necissary to gain access to the required,2 feetlf water at oHW. The newdock will be 4 feet wide, 30 feet long, and extend r*igfr, out from the shoreline. No outer..tee,, is proposed. Thedock will extend to meet the existing accessstairs qoril trre slope, with lateral public ur""., steps on both side ofthe dock for lateral public access as required by DEp waterways.
Bylaw Conformance
The dock as currently designed meets the new fresh water regulations for the town of yarmouth Wetlands Bylaw.The total square footage is 120 square feet, gnd the square flotage beyond oHw is 112 square feel meeting the
lguare footage requirement of the bylaw. The dock extends 28-feeibeyond oHw, where 30 feet is allowed.Therefore, the dock meets all of the [imensional requirements.
Performance Standards
The work associated with this application is limited to the installation of the seasonal sections. The sections canbe assembled on the lawn first, and then put into place, leveled and secured. The seasonal installation and removalis the only remaining ongoing rrork. The propoied dock will be located in or near several resource areas. Theareas potentially affected by the structure include BVW and Land Under a Waterbody (Creat p"rai. B*f,resource area is addressed below separately. The proposed structures will not have any significant adverse effectsto the surrounding resource areas.
Section 1'09 (4) C 3 of the bylaw states that "Piers shall be elevated a minimum of two (2) feet over the existinggrade of the BYW, beach and/or the water swface (as determined by the seasonal"higi-otu1 as meastredfromthe bottom surface of the decking. " The dock starts about 2 feet,landward ofthe edge ofthe BVW and the Beach,extending to meet the existing steps. The step reaches 2' abovethe beach to ttre giderside of the aecmnjai trrebeach, with the remaining sectioni well abovi 2 feet above the grade, in accordance with the new bylaws.
Bordering VegetdedWetland-(310 CMR 10.55), and Yarmouth Wetland Protection Regulations ,part3,Section3.02:
The proposed dock will^not destroy or otherwise impair any portion of the BVw. The area of BVW existsapproximately from 0-6 feetin width along the shoreline, as delineated on the plan. In the area ofttre steps, thereis very little vegetation, likely do to histoiical foot traffil from the existing steps. The seasonal installation andremoval of the dock will be by hand, and will not alter or destroy the surroinding nvw area. Therefore, no lossof BVW is anticipated. Therefore, the existing structures meet the performance standards of this section and canbe permitted within the regulations.
Page 1 of 3
Notice of Intent
Land (Jnder Waterbody (Great Pond) - (3 10 CMR
Shawcross, 60 Ice House Road, South Yarmouth, MA
1 0.5 6), andYarmouth Wetland Protection Regulations, Part
3, Section 3.03:
Ch" p.opo."d dock will not impair the water carrying capacity, ground or surface water quality, breeding habitat,
"r"up"
cover and food for fishlries, and the capacity of the land to provide important wildlife habitat functions.
The dock is seasonal as required by the regulitions, and can be removed atthe end ofthe boating season. The
dock sections will be stored out of the wateiand upland of the BVW. The dock rests on the pond bottom, with no
permanent anchoring, and will not alter or have any perrnanent impacts to the pond bottom. Therefore, the project
meets the performance standards of this section and can be permitted within the regulations.
Alternatives Analysis:
A few alternatives were discussed in the development of this project. All accomplished the goal of gaining safe
access to the pond, and none ofthe alternatives presented negative impacts to the surrounding resource areas'
The alternatives discussed merely provide the commission with the information provided to reach the proposed
project scope.
Alternative 1: Do Nothing - This alternative is never the preferred alternative. If nothing was done, the existing
access stairs would be used. Although access by foot to the pond is allowed and would likely continue, any
boats launched would be dragged u.Iros the beach and BVW, further restricting its growth. Therefore, this is
not the preferred oPtion.
Alternative 2: Locatethe dock in any of the other two locations on the properly. Two other locations were
reviewed. one is an existing small path off to the east of the property, just about where the chain link fence gate
is. Locating the dock in this area would have required path enhancement and at least on tree removal. The other
alternate location was located west of the existing access stairs. This location would have required creating an
entirely new path, and either moving or reconstrJcting access stairs. A lot more disturbance would have been
required for tirat location. As such, since increased disturbance would be required for either of these alternate
locations, they were not the preferred option.
Alternative 3: project as proposed - This allows the dock to be the minimum length needed to reach the
required water levlel dept^h, provide the lateral public access with steps, and utilizes an existing access to the
pond. This location offers the best use with the least amount of additional disturbance, and meets all of the
turrent bylaws. Therefore, this option is the best option'
Page 2 of 3
Notice of Intent Shawcross, 60 Ice House Road, South Yarmouth, MA
CONSTRUCTION PROTOCOL
The work can be performed with simple hand tools in less thanaday. Initially, the dock sections can be assembled
in the lawn area, andthen carried to the water for adjustment and leveling. The staging areafor materials will be
on the applicant's property, in the driveway or the back yard, and upland of the existing BVW. All equipment
shall be stored either on the applicant's driveway or lawn when not in use.
Pre-Construction Meeting
Prior to construction, a pre-construction meeting shall be held on-site with the Contractor (if any), property
Owner, and Conservation Commission agent. The purpose of the meeting is to clearly delineate the limits of work
and access, as well as the stagin g area, and ensure that the contractor is fully aware of the regulations regarding
the conservation permit. The Contractor (or homeowner) will describe the proposed means and methods for
performing the work within the requirements of the plans, order of conditions and construction protocol.
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 Necessarypost-constructionreparationsandconditions;
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.
Restoration of project area
Upon completion of construction, the lawn, driveway, staging areas and any other areas disturbed by the
construction or installation effort shall be returned as much as practical to their pie-construction conditions io the
satisfaction of the property owner and conservation agent. Any disturbed vegetated areas shall be re-vegetated
with similar natural vegetation to match pre-construction conditions for the surrounding areas, or as determined
during the pre-construction meeting.
Page 3 of 3
BNE)
1
IE
UR
Existing stair access to the water Existing gate for the access to the water
Proposed Seasonal Dock—Alan and Julie Shawcross—60 Ice House Road,Map 59,Parcel 136
;AN 5 #
|41.66790,-70.19586 LATLON ¥
“od x od A
Shawcross Assessor Map
14,2023
Data and scale shown on this map are provided for planning and informational
MAP SCALE 1"=500"
5002500 1000ECETTT—
———F———3
FFF
t 1 k 1 eestor|150 0 150 300
TIT 5
PANEL 0587J
FIRM
FLOOD INSURANCE RATE MAP
BARNSTABLE COUNTY,
MASSACHUSETTS
(ALL JURISDICTIONS)
PANEL 587 OF 875
(SEE MAP INDEX FOR FIRM PANEL LAYOUT)
CONTAINS:
COMMUNITY NUMBER~~PANEL SUFFIX
DENNIS,TOWN OF 250005 0587 J
YARMOUTE.TOWN OF 250015 0587 J
THIS MAP INCLUDES BOUNDARIES OF THE COASTAL BARRIER
RESOURCES SYSTEM ESTABLISHED UNDER THE COASTAL
BARRIER RESOURCES ACT OF 1962 AND/OR SUBSEQUENT
ENABLING LEGISLATION.
Notice to User:The Map Number shown befow
should be used when placing map orders;the
Community Number shown above should be
used on insurance applications for the subject
community.
MAP NUMBER
25001C0587J
EFFECTIVE DATE
JULY 16,2014
Federal Emergency Management Agency
his is an official FIRMette showing a portion of the above-referenced flood map created fromtheMSCFIRMetteWebtool.This map does not reflect changes or amendments which may havebeenmadesubsequenttothedateonthetitleblock.For additional information about how tomakesurethemapiscurrent,please see the Flood Hazard Mapping Updates Overview Fact Sheet
available on the FEMA Flood Map Service Center home page at https://msc.fema.gov.
Shorefront Consulting
Professional Services on Landor At Sea
290 Center St., Dennis Port, MA 02639
509-290-9046
Yarmouth waterways and Shellfish Advisory commiffee
Attn: William Bonnetti
424 Route 28
South Yarmouth, MA 02664
By hand delivery
February 6,2023
Re:Waterwavs Application Filins packaee
Proposed Seasonal Dock in Long pond
Alan and Julie Shawcross
South Yarmouth, MA 02664
Map 59, Parcel l4l
On behalf of my clients, Alan and Julie Shawcross, I am submitting (6) full size (24,,x36,,)copies of theproject plan for the above mentioned project. Electronic copies of all documents will be emailed to the Natural
Resources office. The following item are enclosed:
1) Plan entitled "Plan Showing Proposed Seasonal Dock", by Down Cape Engineering and Shorefront
Consulting, dated l0l 19/22.
The purpose of the project is to permit and install a seasonal dock in Long Pond. The location is at the end ofexisting access stairs to the beach. There were two alternate locations surieyed for the location of the dock, butthe proposed location yielded the deepest water closest to shore, and complies with all of the Town OfYarmouth Conservation regulations. The dock will be 4 feet wide, and 30 feet long, and removed each season.The dock will be stored on the upland area of the applicant's property, by the drivJway.
Please review this information and schedule this for your Febru ary 13,2023 public hearing. If there are anyquestions or concerns regarding this information, please contact me as soon as possible.
Sincerely,
(\
ha//
Mark Burgess
Shorefront Consulting
Enclosures: As Stated
cc: Alan and Julie Shawcross (Applicants)
www. shore frontconsulting . c om
shore fro ntc on sulti ng@gmai I . c om
shorefront consulting
Professional Services on Land or At Sea
290 center St., Dennis Port, MA 02639 www.shorefrontconsulting.com508-280-8046 shorefrontconsulting@grnui-1..o*
AFFIDAVIT OF SERYICE
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 perjurythat on March 23,2023,I sent notification to abuiters, incompiiance with the second parugraphof
Massachusetts General f-aws, Chapter 1 3 1 , Section 40, and the Department of EnvironmentalProtections' Guide to Abutter Notification, dated, April 8, lgg4, ii connection with the followingmatter:
A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the yarmouth
Wetlands Protection By-law, by Alan and Julie Shawcross with the yarmouth ConservationCommission on March 23,2023 for the property located at 60 Icehouse Road, Map 59, parcel 136inYarmouth,MA.Theprojectisforapropo'.dseasonaldockonLongPond
The form of notification and a list of the abutters to whom the notice was given and their addressesare attached to this Affidavit of Service.
Sincerely,
Mark Burgess
B.S. Ocean Engineering
Shorefront Consulting
Enclosures: As Stated
cc: YarmouthConservationCommission
Alan and Julie Shawcross (Applicants)
shorefront consulting
Professional Services on Landor At Sea
290 Center St., Dennis Port, MA 02G39
509-290-9046
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECIION ACT &
TOWN OFYARMOUTH WETTAND By_tAW CHAPTER 143
ln accordance with the second paragraph of the Massachusetts General Laws chapter 13L, section 40, you
are hereby notified of the following:
A' The name of the applicant is Alan and Julie Shawcross
B' The applicant has filed a Notice of lntent with the Yarmouth Conservation Commission, seekingpermission 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 60 lcehouse 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 moreinformation, call (508) 399-2Z3text. 1288.
F' copies of the Notice of lntent may be obtained from either the applicant or appticant,s representative.Applicant's phone number
Or Applicant's representatives phone number 50g-2g0-g046
G' lnformation regarding the date, time and place of the public hearing may be obtained by calling theYarmouth conservation commission office at (50g) ggg-zz3Lext. 12gg
H. Person sending this notification (applicant, representative or other)Name Mark Burgess, Shorefront Consultine
Address 290 Center Street
Town Dennis Port state MA zip 02639
Telephone 508-280-8046
NOTES:
o MeetinB 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.
www. shorefro ntconsulting . com
sho re fro ntc o n s ul ting@gmai I . c o m
i'-"-i oe/ 1s6/ i --t" ---l
i !1+.rygRgss ar-eru u i
iiffiu,.A?:f,lll=J, (s..,,
II PHoENIX, Rz addbl"-
I
Please use this signature to certify this list of propertiesabutting within 'l oo' of the parcel located at:60 lce House Rd., south Yarmouth, MA 0z,,,,4
Assessors Map Sg, Lot 136__59/ 135/ t t
[IIAGLEAN NORTU|AN AMAcLEAN LtsA E
--- ' '
70 ICE HOUSE RDsouTH YARn/toulrr , MA 02664
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