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Home My WebLink AboutRDA applicationYarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 • bdirienzo@yarmouth.ma.us Rev. 3/2023 Information: All filings must be made on Town 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 Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Hardcopy filing dropped off or mailed to the Conservation Office including: RDA Administrative Checklist Complete RDA application with original signatures (double sided). * Detailed narrative of the project with sufficient information to enable the Commission to determine whether the proposed work will alter an area subject to protection. BVW delineation sheet(s), coastal bank calculation and other relevant material if applicable (not applicable for flood zone only projects). Yarmouth Assessor’s locator map highlighting parcel(s) where work is proposed, including map and parcel numbers 1 original and 7 photocopies of the plan/sketch, folded separately, right side out with title and address visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed and existing conditions, native species, size and spacing. By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule. Digital and DEP filing A pdf of the entire application emailed to bdirienzo@yarmouth.ma.us, kbrooks@yarmouth.ma.us and DEP Southeast Region at SERO_NOI@mass.gov in the same email. Subject line shall be “YARMOUTH - RDA – Street Address - Applicant Name” Please list project property’s street address in the pdf file name. Initial 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 Yarmouth Wetland Regulations, page 17. * If the applicant is NOT the property owner: Please submit a signed Site Access Authorization 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. If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and kbrooks@yarmouth.ma.us CONSERVATION OFFICE Administrative Checklist Request for Determination of Applicability wpaform1.doc • rev. 4/10/2023 WPA Form 1 – Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A.General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1.Applicant: First Name Last Name Address City/Town State Zip Code Phone Number Email Address 2.Property Owner (if different from Applicant): First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3.Representative (if any) First Name Last Name Company Name Address City/Town State Zip Code Phone Number Email Address (if known) B.Project Description 1.a. Project Location (use maps and plans to identify the location of the area subject to this request): Street Address City/Town How to find Latitude and Longitude Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) and how to convert to decimal degrees Assessors’ Map Number Assessors’ Lot/Parcel Number b.Area Description (use additional paper, if necessary): c.Plan and/or Map Reference(s): (use additional paper if necessary) Title Date Title Date wpaform1.doc • rev. 4/10/2023 WPA Form 1 – Request for Determination of Applicability • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B.Project Description (cont.) 2.a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): b.Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3.a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project 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 Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b.Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1.doc • rev. 4/10/2023 WPA Form 1 – Request for Determination of Applicability • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C.Determinations 1.I request the Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. c.whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands’ ordinance or bylaw of: Name of Municipality e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D.Signatures and Submittal Requirements I hereby certify 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 Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) Date TOWN OF YARMOUTH Administration DEPARTMENT OF PUBLIC WORKS Engineering 74 TOWN BROOK ROAD, WEST YARMOUTH, MA 02673 Building & Grounds Telephone (508) 398-2231 ext. 1250 Fax (508) 771-7998 Highway Waste Management Water Background: Within the last two years, Gray’s Beach parking lot began requiring a paid pass and there is a beach attendant booth at the entrance on Center Street. Between people utilizing riding sharing to get to the beach or people not wanting to pay, these vehicles create an unsafe environment as they try to maneuver their vehicle within the tight right of way of Center Street. Improvements are being considered to better facilitate vehicular turnaround maneuvers at the beach entrance at the end of Center Street. The conceptual improvement plans for a vehicular turnaround at the Gray’s Beach entrance is on Center Street in Yarmouth Port, Massachusetts. The project proposes a trapezoidal shaped turnaround on the southern end of the Center Street parking area. The intent is to retain the existing access road gate and trees in the vicinity. The bollards would need to be relocated. The existing vegetation adjacent to the parking lane would need to be removed and disposed of. The total disturbed area within the 100’ wetland buffer is 450 sq ft. The alternative proposes pavement markings in the existing parking area to facilitate turnaround access and restrict parking, which would be approximately 9 parking spaces lost (assuming 9’ width per pull-in space and 18’ width of existing no parking at the access road gate). Those 9 parking spaces would be relocated to a gravel lot just north. This area is already disturbed with grass and will be replaced with only gravel. The total disturbed area within the FEMA mapping is 1,225 sq ft. Potential locations for the beach attendant booth are shown on the plan for reference. Note the proposed conceptual improvements are outside of the approximate 50’ wetland buffer. Open Space Article 97: Article 97 of the Amendments to the Massachusetts Constitution (Article 97) states entities “shall not sell, transfer, lease, relinquish, release, alienate, or change the control or use of any right or interest of the Commonwealth in and to Article 97 land.” For this project, the key is changing the use of Article 97 land. If Grey’s Beach is protected land, the turnaround will not change the use of the land. Based on our review of the Open Space Article 97 MassMapper layer versus the property tax parcels, it appears that the work will not be within Article 97 land. Information regarding Article 97 can be found via the following link: https://www.mass.gov/info-details/article-97-the-public-lands- preservationact#:~:text=Article%2097%20of%20the%20Amendments,the%20citizens%20of%20t he%20Commonwealth Federal Emergency Management Agency (FEMA) The project area is within Zone AE with a base flood elevation of 12 feet. There is a 1% annual chance of flooding. With respect to wetlands, this area is considered as land subject to coastal storm flowage. The project will not substantially fill and impact the limits of land subject to coastal storm flowage. Natural Heritage & Endangered Species (NHESP) The project area is not within the NHESP boundary. The NHESP boundary is within the parcel that Grey’s Beach is on. Since the project is outside of NHESP boundaries, the project does not need to be permitted through MEPA. Wetlands/Conservation Commission: The Town of Yarmouth has local regulations in section 1.09(4)(d) of the “Town of Yarmouth Wetland Protection Regulations” preventing construction within 50’ of a wetland (excerpt below). The “Town of Yarmouth Wetland Protection Regulations” can be found via the following link: http://ma-yarmouth.civicplus.com/DocumentCenter/View/7769/Yarmouth-WetlandRegulations- revised-December-2016?bidId= (d) Setbacks (1) Notwithstanding section 2 below, no new structures, (with the exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas: Marine Beaches Gray’s Beach is classified as a public marine beach. The proposed improvements are not in the Marine Beach area. Tidelands Jurisdiction There are tideland jurisdiction areas within Gray’s Beach. The proposed improvements are not in these areas. Soils Based on the available information on MassGIS MassMapper, the soils in the area of the improvements appear to be 259B (Carver loamy coarse sand, 3 to 8 percent slopes, excessively drained). There does not appear to be any in the vicinity of the proposed improvements in the following areas: Area of Critical Environmental Concern (ACEC) Outstanding Resource Waters MassDEP Oil and/or Hazardous Material Sites with Activity and Use Limitations (AULs) Wellhead Protection Areas Barrier Beaches Mass Historical Commission Applicant: Town of Yarmouth DPW Prepared by: Brittany DiRienzoProject Location: BAss Hole Beach‐ parking areaCheck all that apply:XVegetation alone presumed adequate to delineate BVW boundary: fill out Section I only Vegetation and other indicators of hydrology usedto delineateBVW boundary: fill out Sections I and IIMethod other than dominance test used (attach additional information) south wetlandSection I.Vegetation Observation Plot Number: UPLAND Transect Number: BVW #1-4 12/30/22A. Sample Layer & Plant Species B. Percent Cover (or basal Area) C. Percent Dominance D. Dominant Plant (yes or no) E. Wetland Indicator Category*Groundcover#DIV/0!#DIV/0!#DIV/0!subtotal0Shrubs20.5 30%YESFACU38 55%YESFACU10.5 15%NOFAC0%subtotal69Tree10.5 13%NOFACU10.5 13%NOFACU38 48%YESFACU20.5 26%YESUPLsubtotal79.5Vegetation conclusion:Number of Wetland Indicaor Plants1Number of dominant non‐wetland indicator plants:4Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? NOIf vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of IntentMassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Formcommon name / scientific nameBlack Cherry / Prunus serotinaEastern Red‐Cedar / Juniperus virginianaNorthern Red Oak / Quercus rubraNorthern Bayberry / Morella pensylvanicaMorrow's Honeysuckle / Lonicera morrowiiSouthern Arrow‐Wood / Viburnum dentatumAsian Bittersweet / Celastrus orbiculatus* Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act (MGL c.131, s.40); plants in the genus Sphagnum; plants listed asFAC, FAC+, FACW-, FACW, FACW+, or OBL; or plants with physiological or morphological physiological or morphological adaptations, describe the adaptation next to the asterisk.adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to asterisk.1‐5% 3.0 6‐15% 10.5 16‐25% 20.5 26‐50% 38.0 51‐75% 63.0 76‐95% 85.5 96‐100% 98.0 Applicant: Town of Yarmouth DPW Prepared by: Brittany DiRienzoProject Location: BAss Hole Beach‐ parking areaCheck all that apply:XVegetation alone presumed adequate to delineate BVW boundary: fill out Section I only Vegetation and other indicators of hydrology usedto delineateBVW boundary: fill out Sections I and IIMethod other than dominance test used (attach additional information) south wetlandSection I.Vegetation Observation Plot Number: WETLAND Transect Number: BVW #1-4 12/30/22A. Sample Layer & Plant Species B. Percent Cover (or basal Area) C. Percent Dominance D. Dominant Plant (yes or no) E. Wetland Indicator Category*Groundcover#DIV/0!#DIV/0!#DIV/0!subtotal0Shrubs10.5 11%NOFACU20.5 22%YESFAC63 67%YESFACWsubtotal94Tree10.5 33%YESFACU10.5 33%YESFAC10.5 33%YESFACsubtotal31.5Vegetation conclusion:Number of dominant Wetland Indicator Plan4Number of dominant non‐wetland indicator plants:1Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? YESIf vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of IntentMassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Formcommon name / scientific nameBlack Cherry / Prunus serotinaRed Maple / Acer rubrumFox Grape / Vitis labruscaMorrow's Honeysuckle / Lonicera morrowiiSouthern Arrow‐Wood / Viburnum dentatumHighbush Blueberry / Vaccinium corymbosum* Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act (MGL c.131, s.40); plants in the genus Sphagnum; plants listed asFAC, FAC+, FACW-, FACW, FACW+, or OBL; or plants with physiological or morphological physiological or morphological adaptations, describe the adaptation next to the asterisk.adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to asterisk.1‐5% 3.0 6‐15% 10.5 16‐25% 20.5 26‐50% 38.0 51‐75% 63.0 76‐95% 85.5 96‐100% 98.0 5x1\o^c\ F'Tf( rulwl* $lw-#t-4 15D I B \I \ \- 4l)V \ \ Y.C.T. TOWN OF YARMOUTH CONSERVATION COMMISSION TOWN OF YARMOUTH RECREATION TOWN OF YARMOUTH CONSERVATION T.O.Y. LAND BANK A L M S H O U S E R O A D S T R E E T C E N T E RDAVIDSONLANE 1554 0 0 5 0236CLAY'S CRE E K P/O 148-5.1P/O 140-49P/O 148-6P/O 139-1P/O 139-1P/O 139-1 P/O 148-2 P/O 148-5.1 P/O 140-45P/O 140-44 P/O 140-43P/O 140-46 2137.70 AC 5.193.85 AC 5.28.63 AC 175.00 AC 175.00 AC 1132.80 AC 452.86 AC 443.00 AC 61.20 AC 493.00 AC 30.78 AC 40.44 AC 461.62 AC 10.31 AC 433.00 AC TAX MAPTOWN OF YARMOUTH BARNSTABLE COUNTY, MASSACHUSETTS DATE OF LATEST MAP REVISION: 9/30/22 INFORMATION SHOWN HEREON IS FOR ASSESSING PURPOSES ONLY. NO LIABILITY FOR ERROR IS ASSUMED BY THE TOWN OF YARMOUTH. 100 0 100 20050 Feet «SHEET148141140139 149148147 154153152