HomeMy WebLinkAbout21-004 Acheson NOI Filing 6-22-23DOWN CAPE ENGINEERING, INC,
939 Main Street
Yarmouth Port, MA 02675
508-362-4541
Transmittal
Date: .tune 22, 2023
To: Brittany DiRienzo, Conservation Administrator
Town of Yarmouth
1146 Route 2$
South Yarmouth, MA 02664
From: Priscilla Leclerc
DCE Job # 21-004
RE: NOI for Eleanor Acheson and Emily Hewitt, 170 Pleasant St, South Yarmouth
Enclosed for the NOI submittal are:
o Checklist.
o WPA Form 3 , Notice of Intent application
o edep confirmation of submission email
o Fee transmittal form
o Site Plan Showing a Proposed Pier, Ramp & Floats; 8 full size plans, 1 with original
stamp & signature
a Project Narrative
o USGS Locus Map
o Abutters notification letter, list & map
o Site Access Authorization
o Checks to Town of Yarmouth for town share of state fee, town bylaw &. legal ad
o Certified Mail receipts for abutters and the Division of Marine Fisheries
Please call/email should you have any questions,
cc: MassDEP-SERO (online)
DOWN CAPE ENGINEERING, INC.
939 Route GA, Suite C
Yai.7nouth Port, MA 02675
Phone: 508-362-4541
priscilla@downcape.com
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CONSERVATION
OFFICE
All filings must be made on Town of Yarmouth forms found at www. armouth.ma.us/325/Conservation. The
filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new
information may be accepted into the Commissioners' packets within the week before a meeting.
Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be
advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if
you need assistance.
subn cut tic ttun.:
Does the property have any outstandinglexpired Orders of Conditions? If so, please file a
Request for Certificate of Compliance for each outstandinglexpired Order, as the Commission may not
issue a new Order until any outstandinglexpired Orders have been closed and recorded_ (*see page 2)
f 1 original hardcopy NOI application with original signatures (double sided). Typed signatures will not be
accepted.
d _1 hardcopy comprehensive and detailed narrative of the project including existing & proposed conditions,
construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls,
invasive species management and alternative analysis. The narrative shall document how the project
meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation
sheets or other supporting information,
v 1 hardcopy 100' radius map, current abutters list and abutters notification identifying the property owners
who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor's office.
The Assessor's office requires 7 days advance notice. All abutters must be notified via certified mail.
V __ 1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. All
plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show
proposed & existing conditions, native species, size and spacing.
J A pdf copy of the entire signed application, supporting information listed above, and plan emailed to
bdirienzo yarmouth.ma.us, please list project property's street address in the pdf fife name.
V Submit Certified Mail Receipts (P5 Form 3800) for all abutters.
k F: If applicable, submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species
Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for
electronic filing Information. If filed electronically, please copy bdirienzo0yarmouth.ma.Lis.
J Waterway's jurisdiction R Any coastal projects such as, but not limited to, docks, piers, bulkheads,
revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental
information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by
certified mail or hand delivery. The applicant or his/her representative must provide the Conservation
office proof that this has been done or the filing will not be accepted.
Yt►rmouth Conservation Commission • 1 146 Route 28 - South Yarmnu01, MA 0266,1-4492
Tel. (508)-399-2231 Ext_ 1288 * Fax (508)-398-0836 • 1-17DU (509) 398-2231 hdirienzo(ir)yeirmotrth.mn.us
Rev 912022 Page 1 of 2
Yarmouth's share of State filing fee: separate check made payable to "Town of Yarmouth"
(refer to NOI Wetland Fee Transmittal Form)
.V 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 at https:/Iwww.varniouth.ma.us/696/Filing-Forms
If you are filing with MassDFP using eDFP, please include a copy of the submittal confirmation with your
application.
OYltif--If not filing via eDFP, a copy of your application, plan, and all other supporting information must be sent
VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@r►ass.gov with the subject line in
the email per DIEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied
to bdirienzo armouth.ma.us. We must receive a copy of this email with the application as proof that it
has been submitted to DEP.
wdit,n_ DEP share of the fee (refer to NOI form) shall be sent to:
Dept. of Environmental Protection
Box 4062
Boston, MA 02211
other Comments:
Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws?
Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same
time.
If a vacant lot, have you completed and received a determination for the Building Department for a lot
inquiry form?
*To view all Conservation flies/permits for the property address online:
Go to www.yarmouth.ma.us and click on:
- Yarmouth Online Town Services
Town Record Search with Webiink
- Browse Our Parcel Related Documents
First letter of street name to open file
Street name
Property address
- Conservation
Click on the folder you want to view
Yarmouth Conservation Commission - 1146 Route 28 • South Yarmoutll, Mrs 02664-4492
Tel. (508)-398-2231 Ext. 1288 ■ Fax (508)-398-0836 * TrD4 (508) 398-2231 Udirienzn(a�yaimouth.ma.us
Rev 912022 Page 2 of 2
Massachusetts Department of Environmental Protection
eDEP Transaction Copy
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: DOWNCAPE
Transaction ID: 1415026
Document: WPA Form 3 - NO[
Size of File: 247.91 K
Status of Transaction: In Process
Date and Time Created: 6/21/2023:4:55:04 PM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
WPA Form 3 - Notice of Intent City/Town.-YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
1. Project Location:
a. Street Address 170 PLEASANT STREET
b. City/Town YARMOUTH c. Zip Code 02664
d. Latitude 41.65871N e. Longitude 70.19093W
f Map/Plat # 51 g.ParceULot # 92
2. Applicant:
r Individual r Organization
a. First Name
ELEANOR / EMILY
b.Last Name
ACHESON / HEWITT
c. Organization
d. Mailing Address
425 8TH ST. NW APT. 1129
e. City/Town
WASHINGTON
f State DC
g. Zip Code 20004
h. Phone Number
i. Fax
j. Email
3.Property Owner;
r more than one owner
a. First Name
ELEANOR/EMIL,Y
b. Last Name
ACHESONMEWITT
c. Organization
d. Mailing Address
425 8TH ST. NW APT. 1129
e. City/Town
WASHINGTON
f.State DC
g. Zip Code 20004
h. Phone Number
i. Fax
j.Email
4.Representative:
a. First Name
DANIEL A.
b. Last Name OJALA
c. Organization
DOWN CAPE ENGINEERING,
INC.
d. Mailing Address
939 ROUTE 6A
e. City/Town
YARMOUTH PORT f State
MA g. Zip Code 02675
h.Phone Number
508-362-4541 i.Fax
508-362-9880 j.Email
downcape@downcape.com
5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 828.00 b.State Fee Paid 401.50 c.City/Town Fee Paid 426.50
6.General Project Description:
CONSTRUCT AND MAINTAIN FIXED PIER, RAMP AND FLOATS
7a.Project Type:
1. r Single Family Home 2. r Residential Subdivision
3. r Limited Project Driveway Crossing 4. r Commercial/Industrial
5. r Dock/Pier 6. r Utilities
7. r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry)
9. r Transportation 10. r Other
Page 1 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1. F Yes 1J No If yes, describe which limited project applies to this project:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County: b.Certifrcate: c.Book: d.Page:
BARNSTABLE 30969 220
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
r 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)
a. r Bank
1. linear feet 2, linear feet'
b. r Bordering Vegetated Wetland
1. square feet 2. square feet
c.r Land under Waterbodies and Watei ways
1. Square feet 2. square feet
3. cubic yards dredged
d. N— Bordering Land Subject to Flooding
1. square feet 2, square feet
3. cubic feet of flood storage lost 4, cubic feet replaced
e.I— Isolated Land Subject to Flooding
1. square feet
2, cubicfeet of flood storage lost 3. cubic feet replaced
£ 1 Riverf -ont Area
Bass River
1. Name of Waterway (if any)
2. Width of Riverfi'ont Area (check one) r- 25 ft. - Designated Densely Developed Areas only
1— 100 ft. - New agricultural projects only
1 200 ft. - All other projects
3. Total area of Riverfiont Area on the site of the proposed project 15640
square feet
4. Proposed Alteration of the Riverfiont Area:
85 85 0
a. total square feet b, square feet within 100 ft. c. square feet between 100 ft.
and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI7 1-' Yesry No
Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
6. Was the lot where the activity is proposed created prior to August 1, 1996? ry Yesr No
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. r- Designated Port Areas Indicate size under Land under the ocean below,
b. ry Land Under the Ocean 6
1. square feet
2. cubic yards dredged
c. r- Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.ry Coastal Beaches 0.7
1. square feet 2. cubic yards beach nourislunent
e.r Coastal Dunes
1. square feet 2. icubic yards dune nourishment
£r Coastal Banks
1. linear feet
g.r Rocky Intertidal Shores
1. square feet
h.I✓ Salt Marshes 4.4
1. square feet 2. sq ft restoration, rehab, crea.
j. ry Land Containing Shellfish
k. V Fish Runs
1.5—, Land Subject to Coastal
square feet
900
Storm Flowage 1. square feet
4.Restoration/Enhancement
r Restoration/Replacement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
r Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement strearn crossings.
Page 3 of 7 * ELECTRONIC COPY
Massachusetts Department of Envitronmetitgl Provided by MassDER
]Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
WFA Form 3 - Notice of Intent CityNown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L, c. 131, §40
a. number of new stream crossings b, number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species ActlWetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent
Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)7
a. i" Yes P No
If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species
Program
Division of Fisheries and Wildlife
Rabbit Hill Road
Westborough, MA 01581
b_ bate of map:AUGUST 2021
Ifye% the project is also subject to Massachusetts Endangered Species Act (M; SA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
1, r- Percentagelacreage ofproperty to be altered:
(a) within Wetland Resource Area
(b) outside Resource Area
percentage/acreage
percentage/acreage
2. r Assessm's Map or right-of-way plan of site
3.1' Project plans for entire project site, including wetland resource areas and areas outside of wetland.jmisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work"
a. r- Project description (including description of impacts outside of wetland i= ur ce area & buffer zone)
b.r— Photographs representative of the site
c. r MESA filing fee (fee information available at: lim i lmmy nim enciesl IWAtivinatut-ail-hentave(rce_ttlatorv-
Make check payable to "Natural Heritage &)endangered Species Fund" and mail to NRESP at above address
Pr-ojects altet•ing 10 ar more acres of land, also submit:
d. r' Vegetation cover type map of site
e, f Proiect plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the following
1.r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, I iwwx+ mass. avJcealaziencicsldfyldfiy ulati�nslcntrl331-cmar-1000-nuissachusetu-cn erd-
m 1# 4, the NOl must still be sent to M-JFSP if tile project is witl)in estimated habitatpuisuant to 310 CMtt
10.37 and 10,59.)
2. f Separate MESA review ongoing.
a. NIFESP Tracking Nwnber
b. Date submitted to NH ESP
3.17- Separate MESA review completed.
Include copy of NHMP "no Take" determination or valid Conservation & Management Permit with approved plan.
Page 4 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
* Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. r Not applicable - project is in inland resource area only
b. r Yes r No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore - Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore - Hull to New Hampshire:
Division of Marine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If 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 of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a, r Yes r No
If yes, provide name of ACEC (see instructions to WPA
Form 3 or DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. r Yes V No
5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a. r Yes r` No
Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. r Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR
10.05(6)(k)-(q) and check if.
1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook
I- Vol.2, Chapter 3)
2. A portion of the site constitutes redevelopment
r
3. Proprietary BMPs are included in the Stormwater Management System
r
b. W No, Explain why the project is exempt:
I. Single Family Home
r%o
rEmergency Road Repair
Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family
Page 5 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
WPA Form 3 - Notice of Intent City/rown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
f 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 Department by regular mail delivery.
1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the
1✓ Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland
I✓ [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.
3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s).
r Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.
4. List the titles and dates for all plans and other materials submitted with this NOI.
P
a. Plan Title:
SITE PLAN TO
ACCOMPANY A
NOTICE OF INTENT
SHOWING A
PROPOSED FIXED
PIER, RAMP AND
FLOATS IN AND
OVER THE WATERS
OF BASS RIVER
b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
DANIEL A. OJALA,
PE, PLS
February 28, 2023
5. If there is more than one property owner, please attach a list of these property owners not listed on this form.
r
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
r
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
r
8. Attach NOI Wetland Fee Transmittal Form.
1✓
9. Attach Stormwater Report, if needed.
f
Page 6 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1415026
VWPA Form 3 - Notice of Intent City/Town:YARMOUM
Massachusetts Wetlands Protection Act M,G.L, c, 131, §40
E. Fees
Fee Exempt; No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages I and 2 of the NOI Wetland Fee Transmittal Ponn) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number
6. Payer name on check: First Name
F. Signatures and Submittal Requirements
S, Check date
IlbZtit ufT
7. Payer name on check: Last Name
I hereby certify wider the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission Will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
1 further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Cedificate of Mailing or in writing by hand delivery or certified mail (reRrm receipt requested) to all abutters within 100 feet
of the property line of the project location.
I. SignAlre of Applicant
3. Signature of P pe ner(Rdifferent) t^
1 "
2. Dale
4. Date
5. Signature of Representative (if any)
For Conservation Commission:
Two copies of the completed Notice of Intent (Porn 3), including supporting plans and documents, hvo copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassD);P:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
anA a copy of the state fee payment to the MassDEP Regional Office (see Instructions) Uy certified mail or hand delivery.
Other:
If the applicmrt has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional suUmittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Page 7 of 7 *ELECTRONIC COPY
Priscilla Leclerc
From: edep.confirmation@mass.gov
Sent: Wednesday, June 21, 2023 4:54 PM
To: Heatherlee Vermette
Cc: Priscilla Leclerc
Subject: eDEP Submittal Confirmation for DEP Transaction ID: 1415026
Thank you for using eDEP Online Filing from the Massachusetts Department of Environmental Protection. Your
transaction is complete and has been submitted to MassDEP.
This email is your receipt for the eDEP Online Filing transaction described below. Please review it and keep a copy for
your records.
Please do NOT reply to this message, this email address will not receive messages. For assistance with eDEP Online
Filing, please email the eDEP-Support at mailto:edep-support@mass.gov or call 617-626-1111.
MassDEP is interested in how we can serve you better. To help us make improvements to eDEP, please take a minute to
complete our eDEP Online Filing Survey at http://www.mass.gov/eea/agencies/massdep/service/online/edep-contacts-
and-feedback.html.
To contact MassDEP Programs, please see http://mass.gov/dep/about/contacts.htm.
**************************************************************************************
DEP Transaction ID: 1415026
Date and Time Submitted: 06/21/2023 04:54:17
**************************************************************************************
Form Name: WPA Form 3 - NOI
Project Location
City/Town Name: YARMOUTH
location: 170 PLEASANT STREET
General Description: CONSTRUCT AND MAINTAIN FIXED PIER, RAMP AND FLOATS Applicant Information
Name: ELEANOR / EMILY
ACHESON / HEWITT
Company
Address: 425 8TH ST. NW APT. 1129
WASHINGTON
DC
20004
Payment Information
Your fee for the state share is $: 401.50 If you have paid by credit card or ACH, thank you for your payment. If you are
paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP,
Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NO1 (Fee Transmittal)(ONLINE ONLY) Ancillary
Document Uploaded/Mailed :
21-004 Acheson NOI Abutters Map & List
21-004 Acheson NOI Abutters Notification
21-004 Acheson NOI Project Narrative
21-004 Acheson Pier Ramp & Floats Plan 2-28-2023 b&w
21-004 Acheson Site Access Authorization
21-004 Acheson USGS Locus Map
**************************************************************************************
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:
WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction#:1415026
City/Town:YARMOUTH
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
a. First Name
ELEANOR / EMILY
b.Last Name ACHESON / HEWITT
c. Organization
d. Mailing Address
425 8TH ST. NW APT. 1129
e. City/Town
WASHINGTON f. State
DC g. Zip Code 20004
h. Phone Number
i. Fax
j. Email
2.Propeity Owner:(if different)
a. First Name
ELEANORJEMILY
b. Last Name ACHESON/HEWITT
c. Organization
d. Mailing Address
425 8TH ST. NW APT. 1129
e. City/Town
WASHINGTON f.State
DC g. Zip Code 20004
h. Phone Number
i. Fax
j.Email
3. Project Location:
a. Street Address
170 PLEASANT STREET
b. City/Town YARMOUTH
Are you exempted from Fee? 1—
Note: Fee will be exempted if you are one of the following:
• City/Town/County/District
• Municipal Housing Authority
• Indian Tribe Housing Authority
• MBTA
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Type Activity Activity Fee RF Multiplier Sub Total
yP Number
A.) WORK ON DOCKS, PIERS, REVETMENTS, 207 4.00 828.00
DIKES, ETC. (COASTAL OR INLAND).
City/Town share of filling fee State share of fling fee Total Project Fee
$426.50 $401.50 $828.00
Page 1 of 1 * ELECTRONIC COPY
NOTICE OF INTENT
170 Pleasant Street
Bass River, South Yarmouth
PROJECT NARRATIVE FOR PROPOSED CONSTRUCTION OF A FIXED PIER, RAMP AND FLOATS
Introduction
The site consists of an existing dwelling with separate cottage and garage bordering Bass River to the east.
The current dwelling replaced an old cottage in 2017 under a separate filing (SE83-2101).
The Resource areas affected by the proposed project are: Salt Marsh, Coastal Beach, Coastal Bank, Land
Containing Shellfish, Land Under Ocean, Fish Run and Land Subject to Coastal Storm Flowage. Most of
the entire site is within Land Subject to Coastal Storm Flowage.
A shellfish survey was conducted by BSC Group; the report is enclosed as part of this filing package.
The pier, ramp and floats were approved through Waterways on April 10th of this year
310 CMR 10.30 Coastal Bank, 10.27 Coastal Beach & 10.32 Salt Marsh
The Coastal Bank is a low vegetated landform the top of which is below the 100 year flood elevation; it lies
recently fortified using coir logs and planted salt -tolerant vegetation under a previous permit. The area is
consistently monitored by the owners and a land management company is called in when storms have
caused excessive damage. The Bank will not be altered by the construction; it will be spanned by the pier,
with the origin beginning in the grass area landward of the Bank. The current path will be abandoned and
planted with like species to match recent mitigation. The capacity of the Bank to respond to weather/tidal
events will not be affected by the pier construction. The pier will contain foot traffic, thereby further
protecting the Bank.
The Coastal Beach is a thin margin of sand, partially vegetated with grasses. It lies between the Salt Marsh
and the toe of the low Coastal Bank. The Beach will continue to respond to wave activity and extreme high
tides. Two 8" pilings are proposed in this area for pier support, which will impact 0.7 s.f. of area. The pier
will span the Beach and Coastal Bank, to initiate on the upland grass area. The first 64' of the pier will be in
the area of previous mitigation plantings and a natural area; this 64 s.f. of impact will be offset by the infilling
of the existing grass path with like species as shown on the plan (approx. 95 s.f.)
To protect the Salt Marsh and lessen any impacts, the design of the pier includes pile spacing at a little over
13'. Only 4.4 s.f. of salt marsh will be impacted by the (8) 10" Greenheart (or equal) pilings. The width of
the decking is proposed at 4'; the decking elevation will be a minimum 5' above the highest elevation of the
salt marsh and have a min. 3/" spacing. A sign shall be placed near the mean high water mark to indicate to
the public their lateral passage rights under the pier. The small area of impact will have no deleterious
effect on the functions of the Salt Marsh ecosystem. The applicants restored a portion of the Salt Marsh as
part of a prior Notice of Intent filing, and this portion continues to be managed by Crawford Land
Management. The vertical surface area of the pilings serve as attachment areas for shellfish spat and
barnacles. By providing'/" spacing, keeping the structure a minimum of 5' above the salt marsh and
providing a 13' span, there will be minimal impact to the Salt Marsh. As per 310 CMR 10.32(4), "....a small
project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects
other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if
such a project complies with all other applicable requirements of 310 CMR 10.21-10.37".
- 1 -
310 CMR 10.34 Land Containing Shellfish, 10.35 Fish Run, & 10.25 Land Under Ocean
The pier will cross over Land Containing Shellfish and Land Under Ocean and is within a Fish Run.
Soundings indicate a minimum of 3' of water at the end of the floats at MLW. The 10" pilings shall be
Greenheart or fiberglass. The piling shall be initially jetted and then butt driven below MLW, to minimize
turbidity. There shall be no grounding of machinery or barge at low tide.
A shellfish study performed in 2021 by BSC under Town of Yarmouth regulations indicated that there was
no significant shellfish population. Out of 35 observation plots, only 20 quahogs were found. A small
number of oysters and some ribbed mussels were observed in the marsh area and can be easily avoided
during construction. The DEP does not map the area as having eel grass beds. Should shellfish be
encountered during construction, they shall be moved and re -planted at the discretion of the Natural
Resources Department.
The minor turbidity from piling installation will have no effect on the Fish Run. The current is expected to
clear the water of any temporary impacts from sediment within the water column. The driving of piling vs. all
jetting will minimize sediment disturbances.
By constructing the pier at 5' over the salt marsh and providing minimum'/" spacing, the Salt Marsh
grasses will continue to grow without deleterious impacts.
RARE SPECIES
The pier is not located in a Priority Habitat or Estimated Habitat for state -listed rare species as shown on
Mass. GIS Oliver Maps dated 2021.
Under Town of Yarmouth Pier Regulations
(4) (a)
1. New piers shall be constructed to minimize the blocking of sunlight.... Pier construction will be of
non-CCA treated lumber,'/" spacing and maximum of 4' wide. Pilings to be Greenheart or fiberglass.
2. There will be no impact on the mooring field... The pier configuration was approved by the
Waterways Committee on April 10, 2023. There will be minimal impact on the mooring field. Aerials from
2006 — 2008 indicate that the mooring field is not static (in 2006 it appears that the closest mooring was not
there). We are requesting a variance to the closest mooring as shown in the latest aerial as it appears that
this location is not 100' from the end of the proposed floats. The pier will not impede navigation; it is shorter
than the immediately abutting piers to either side of it (15' landward of a line drawn between the extents of
the abutting piers/floats).
3. The pier shall not interfere with public recreational use....The pier area is not used by tacking
sailboats due to the presence of existing moorings and piers. The sailing area is more active further south
of this area. No commercial marinas, town docks, swimming areas or landings are impacted. Kayakers are
readily seen paddling either under or around existing piers along Bass River.
4. Public right ofpassage.....A sign is proposed at the pier at MHW informing the public of their right to
pass beneath pier for along shore access.
-2-
5. Base of the pier shall be as close as possible to the centerline of the lot..... River frontage is
approximately 105'. Floats will be 20' southerly of the (projected) lot line north of locus and approximately
62' to the southerly lot line. The floats will be closer to the northerly lot line due to the fact that the recently
re -built southerly pier is only 12' off the common line (it was recently re -built within the same licensed
footprint). By constructing the new pier roughly centered between the 2 existing piers, it creates a more
visually balanced layout as well as easier ingress and egress.
6.(a) — (k) Project plans and specifications
Soundings were performed for locus, as well as recently for the abutting piers with which DCE was involved.
The ends of the floats are greater than 100' to the channel.
There are no eel grass beds in the area based on DEP mapping and visual inspection.
Moorings are shown based on current data (June 2023). Google Maps aerials are enclosed showing
previous mooring layouts. One empty mooring appears to be within 100' of the proposed pier for which we
are requesting a variance. Of note, this same mooring is within 55' +/- of the abutting pier, which was
licensed in 1991. We are respectfully requesting that this mooring be re -located to an area that meets the
100' setback to the existing licensed pier and to the proposed pier. Review of previous aerials (2006-2008)
indicates that the mooring field is not static and has been subject to variation each year.
Construction will be performed by a barge with crane and care taken to avoid grounding at low tide. Cutting
debris, to include sawdust shall be done away from the resource areas with care to contain scraps of wood
from entering the waterway. The pilings will be initially jetted and then driven to minimum 15' embedment.
Floats and ramp will be stored at the contractor's yard in the off-season.
The soundings survey was performed in late March of 2021 utilizing a boat and survey instrument. Datum
utilized is NAVD '88 with MHW and MLW elevations from site -specific data from the Buzzards Bay Estuary
Program, Interactive Tidal Datum Viewer.
A shellfish study was performed by BSC with the report is enclosed herein, performed in accordance with
the Yarmouth guidelines.
7. Lights, if desired, shall adhere to the Yarmouth guidelines: directed downwards and shielded to avoid
disturbing neighbors and disrupting navigation.
8. The pier will be staked for viewing.
9. Shared use pier not available as an option. Abutters to either side have piers which are fully occupied.
Locus does not have any rights in either abutting pier.
10. The length of the proposed fixed pier portion is 97' from MHW, and with floats it is 125'. This length is
necessary to attain the required 3' of water at MLW at the end of the floats without dredging. On behalf of
our clients, we are requesting a variance to allow the pier to be greater than 80' from MHW due to hardship
conditions. The Commission may, "at its discretion waive one or more of these regulations when the
proposed work ... will not adversely affect any areas subject to the protection of these regulations". See
Yarmouth Wetland Regulations, section 4.01. There will be no adverse effect whatsoever to any areas
subject to the protection of these regulations. As previously described, the pier is designed to allow
sufficient sunlight into the Salt Marsh and disturbances will be de minimis. Note that this pier will be shorter
than the immediately abutting piers by about 11' when a line is drawn between the extents of the 2 abutting
piers (floats). We maintain that it is better environmentally to attain the 3' minimum depth at MLW than to
construct a length -conforming pier which could only be used at mid to high tide. Realistically, there is
nothing to prevent a motorboat from docking in less than 3' of water — which may lead to turbidity, prop
-3-
dredging and shellfish habitat disturbance. A variance is further warranted because the licensed stone jetty
on the abutting property has artificially altered the locus' frontage, resulting in an irregularly shaped
shoreline and affecting bottom topography. Maintaining the floats in 3' of water at MLW with greater depths
as one heads out to the channel meets the intent of the regulations to minimize boat traffic impacts, thereby
not being more detrimental to the public and/or shellfishery. The applicants are willing to provide an
additional public benefit in the form of purchasing shellfish to benefit the public good for areas that the
Natural Resources Department deems lacking. Accordingly, the proposed project meets the criteria for the
Commission to vary the pier length requirement. The Yarmouth Waterways Committee voted that the
proposed length was acceptable and was not a hazard to navigation at their April 10, 2023 meeting.
11. n/a (not a pier expansion)
12 (a) The floats will be 73' from the southerly abutting pier (2' variance requested).
(b) The outermost floats are greater than 100' to the channel
(c) Greater than 200' from public boat ramp, public landing and swimming beach
(d) The new pier will be 20' from the projected lot line. A letter of permission has been obtained from the
abutter.
13. Floats will be 199 s.f. (<200 sf max. allowed)
14. n/a (not an expansion of existing dock)
15. Greenheart, non-CCA fiberglass and/or Azek to be utilized.
16. Dock is in an allowable area based on Yarmouth map
17. n/a (not a public project)
18. n/a (not an existing dock)
19. n/a (not an existing dock)
ME
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,
you are hereby notified of the following:
A. The name of the applicant is [ I—LkN0P ACJAC—_:5,®N.
B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking
permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands
Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143).
C. The address of the lot where the activity is proposed is 170 CLAAGAN T'5E
D. Proposed work is CON!K"C j ANDMA IN -FAIN f (M) PIER .
E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation
Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more
information, call (508) 398-2231 ext. 1288.
F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's
representative. Applicant's phone number
Or Applicant's representatives phone number �06-_3%2-qbq
G. Information regarding the date, time and place of the public hearing may be obtained by calling
the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288
H. Person sending this notification (applicant, representative or other)
NOTES :
Name: Down Cape Engineering, Inc.
Address: 939 Main Street
Yarmouth Port, MA 02675
Telephone: 508-3 6 2-4541
Notice of the public hearing, including date, time and place will be published at least five (5)
days in advance in a newspaper of general circulation.
Notice of the public hearing, including date, time and place will be posted in the Town Hall not
less than forty-eight hours in advance.
You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
51/ 92/
ACHESON ELEANOR D
HEWITT EMILY C
425 8TH ST NW APT 1129
WASHINGTON , DC 20004
51/ _ 90/
ACHESON DAVID C JR
ACHESON E D AND P W
425 8TH ST NW #1129
WASHINGTON , DC 20004
51/ 93/
SAADA BEN TR
GB SOUL 11 REALTY TRUST
114 RAWSON RD
BROOKLINE , MA 02445
51/ 94/
WESTMORELAND ROSAMOND W TR
ROSAMOND WESTMORELAND FAMILY
TRU
565 WEST END AVE, APT 15C
NEW YORK , NY 10024
51/ 95/
GATTO STEPHEN
29 ROYAL COURT
NORWOOD , MA 02062
51/ 89/
ACHESON DAVID C JR
ACHESON E D AND P W
425 8TH ST NW #1129
WASHINGTON , DC 20004
51/ 91/
ACHESON DAVID C JR
C/O ACHESON ELEANOR D
425 8TH ST NW #1129
WASHINGTON , DC 20004
51/ 29/
HART WILLIAM P
HART BEVERLY C
157 PLEASANT ST,
SOUTH YARMOUTH , MA 02664
51/ 23/
CHILDS CHARLES F
QUIRK TERESA
167 PLEASANT ST
SOUTH YARMOUTH , MA 02664
51/ 88/
ANSCHUTZ MARK S TRS
ANSCHUTZ REVOCABLE TRUST
162 PLEASANT ST
SOUTH YARMOUTH , MA 02664
Please use this signature to certify this list of properties abutting
within 100' of the property located at 170 Pleasant St., South Yarmouth
MA, 02664
Assessors Map 51, Lot 92
.%mod' � —
Andy chado, Director of Assessing
June 2 , 2013
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DEPARTMENT
OF
CONSERVATION
Site Clcce�s� tC�cti'u�nn%zativri ..�cvuun
g(wid 9 tuxltiart�
If the applicant is not the property owner, please submit this form with your application. The owner
must be sent a copy of the application on the same [lay it is filed with this office.
Property Address: 170 PLEA N_ r 1)rH V WOIA-I4
Assessors Map/Lot: i I z-
1 (we) hereby authorize the, individual members of the Yarmouth Conservation Commission and its
agents to enter upon the referenced property for the purpose of gathering information regarding the
application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s,
40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143).
Authorized Signature: 'F..wt,-L C14-"j t��Date;
LtL- h-moo` 'b• /4CA4f}P(-4
Please Print Name:
If other than owtler, please state whether tenant, agent, or other:
Mailing Address:
DOWN CAPE ENGINEERING, INC
939 ROUTE 6A
YARMOUTH PORT, MA 02575
phone: 508-362-4541
Cell:
Email: INFO a@DOVVNCAPE.COM rax:
Yarmouth Con"rvation Commission • 1146 Route 28 - South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 . TTD# (508) 398-2231