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HomeMy WebLinkAboutNOI applicationDOWN CAPE ENGINEERING, INC. 939 Main Street Yarmouth Port, MA 02675 508-362-4541 Transmittal Cate: July 20, 2023 To: Brittany DiRienzo, Conservation Administrator Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 L{rom: Priscilla Leclerc RE: NCI for Joseph Gilmore, 150 South St, South Yarmouth Enclosed for the N01 submittal are: DCE Job # 21-158 o Checklist a WPA Form 3 —Notice of Intent application o edep confirmation of submission email o Fee transmittal form o Site Plan Showing a Proposed Fixed Pier, Ramp & Floats; 8 full size plans, 1 with original stamp & signature o Project Narrative o Aerial View with Proposed Pier o Shellfish Survey 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 ENGMEERING, INC. 939 Route 6A, Suite C Yarmouth Port, MA 02675 Phone: 508-362-4541 prise 11a@downcape.com ` 0`•'°k * MATTA M ` 1 1t O' L k I Ndice of Jutad CONSERVATION OFFICE All filings must be made on Town of Yarmouth forms found at www.yarmouth.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. Su&mttit an 9ppkatWt hc� Does the property have any outstanding/expired 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 outstanding/expired Orders have been closed and recorded. (*see page 2) 1, 1 original hardcopy NOI application with original signatures (double sided). Typed signatures will not be accepted. •� 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- 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. k! 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. ✓ A pdf copy of the entire signed application, supporting information listed above, and plan emailed to bdirienzo armvuth.ma.us. Please list project property's street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. WA 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 bdirienzo armouth.ma.us. Waterway's jurisdiction — Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of 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 hislhef representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Yarmouth Conservation Commission ■ 1146 1�011ic 28 - Sauth Yarmouth, M.A 02664-4492 Tel. (548)-398-2231 Vxi, 1288 + Fax (508)-398-0836 + TTD# (508) 398-2231 bdiAenzo@yarmauflmna.us yarmaulh,ma.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) ✓ By-law filing fee: separate check made payable to "Town of Yarmouth" V 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 httns://www.varmouth.ma.us/696/Filing-Forms If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO NOi rnass,gov with the subject line in the email per DEP's request listed as "YARMOUTH - N01 - Street Address - Applicant Name" and copied to bdirienzo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. PI, i i} PnImo DPP share of the fee (refer to N01 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 tooth 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 files/permits for the property address online: Go to www, armouth.ma.us and click on: - Yarmouth Online Town Services Town Record Search with Weblink - 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 Ruutu 28 • South Yarmouth, MA 02664-4492 1'd (508)-398-2231 Ext. 12SS - Fax (508)-398-0836 - T•I'DO (SUB) 398-2231 bdirienzo rJyarmouth.ma.iim Rev 912022 Page 2 of 2 Massachusetts Department of Environmental Protection L11 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: 1577724 Document: WPA Form 3 - NOI Size of File: 246.07K Status of Transaction: In Process Date and Time Created: 7/20/2023:8:53:58 AM 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 #:1577724 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. Sheet Address 150 SOUTH STREET b. City/Town YARMOUTH c. Zip Code 02664 d. Latitude 41.65028N e. Longitude 70.19930W f. Map/Plat # 34 g.Parcel/Lot # 292.2 2. Applicant: r Individual r Organization a. First Name JOSEPH b.Last Name GILMORE c. Organization d. Mailing Address 4 DORSETT DRIVE e. City/Town WALPOLE f. State MA g. Zip Code 02032 h. Phone Number i. Fax i. Email 3.Property Owner: r more than one owner a. First Name JOSEPH b. Last Name GILMORE c. Organization d. Mailing Address 4 DORSETT DRIVE e. City/Town WALPOLE f.State MA g. Zip Code 02032 h. Phone Number i. Fax i.Email 4.Representative: a. First Name DANIEL A. b. Last Name OJALA, PE, PLS c. Organization DOWN CAPE ENGINEERING INC d. Mailing Address 939 ROUTE 6A, SUITE C e. City/Town YARMOUTH PORT f. State MA g. Zip Code 02675 h.Phone Number 508-362-4541 i.Fax j.Email 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 656.00 b.State Fee Paid 315.50 c.City/Town Fee Paid 340.50 6.General Project Description: CONSTRUCT FIXED PIER, RAMP AND FLOATS 7a.Project Type: 1. r Single Fancily Home 2. r Residential Subdivision 3.r Limited Project Driveway Crossing 4. r Commercial/Industrial 5.ry Dock/Pier 6. r Utilities 7. r" Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9.1— Transportation 10. r Other Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1577724 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. r Yes W 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.Certificate: c.Book: d.Page: BARNSTABLE 225924 B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent):' 1-" 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. CoastalResource 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 Waterways 1. Square feet 2. square feet 3. cubic yards dredged d. r Bordering Land Subject to Flooding square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e.r Isolated Land Subject to Flooding 1. square feet 2, cubic feet of flood storage lost 3. cubic feet replaced £ r Riverfront Area Name of Waterway (if any) 2. Width of Riverfiont Area (check one) r 25 ft. - Designated Densely Developed Areas only r 100 ft. - New agricultural projects only r 200 ft. - All other projects 3. Total area of Riverfiont Area on the site of the proposed project square feet 4. Proposed Alteration of the Riverfiont Area: 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 NOV r Yesr No Page 2 of 7 * ELECTRONIC COPY „ Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1577724 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? 1-` Yesr No 3.Coastal Resource Areas: (See 310 CMR 10.25`- 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. i' Designated Port Areas Indicate size under Land under; the ocean below, b. ry Land Under the Ocean 12.5 1. square feet 2. cubic yards dredged c.l— Banner Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d.h Coastal Beaches 4.7 1. square feet 2. cubic yards beach nourishment er Coastal Dunes 1. square feet 2. cubic yards dune nourishment £r Coastal Banks 1. linear feet g.r- Rocky Intertidal Shores 1. square feet h. r' Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. j.l✓ Land Containing Shellfish 12.5 square feet 1.ry Land Subject to Coastal 700 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 stream crossings. Page 3 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDHP Protection MessDEPFila lt: Bureau of Resource Protection - Wetlands c0EP Transaction fi:157772t4 WPA I+olrin 3 - Notice of Irltent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 a. number of new stream erussings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Emirnated Habitat of Rare'Wildlife as indicated on the mast recent Estimated I Iabitat Map of 5tatc-Listed REut Wetland Wildlife published by the Natural Heritage of Endangered Species program (NI-msP)? a, I— Yes Ip No If yes, include proof ofmailing or hand delivery ofNOI to: Natural Heritage and Endangered Species Ptngram Division of Fisheries and Wildlife 1 Rabbit I Iil I Road Westborough, MA 01581 b. Date ofmal):1~R0M MAP VfEWF.R If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18),... c. Submit Supplemental Information for Endangered Species Review * (Check boxeq as they apply) 1.r PercentagOacneage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentagelacreage 2.t— Assessoes Map or right-of-way plan of site 3. r Project plans for entire project site, including wetland resoa11Cc areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work "* ar Project description (including description ofinipacts outsidcofwetland resource area & buffer zone) b. f- Photographs representative of the site c. r MESA filing fee (fee information available at: itttn Nww+v_mass.goyleeafa�ancies/d�Jdtivinatur>1-11eriL�� Malce check payable to "Ni tual I leritage Arc Endangered Species Fund" and mall to NHESP at above address Projects altering 10 orumre acres of land, also stibinit; d. r Vegetation cover type map of site e.r Project plan-, showing Priority & Fslimated Habitat boundaries d. OR Check One of the following I _ [ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, 1 mr-1 a s- snecies-act.lrinild lo.l4; the Not must still be sent to N1IESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.7 Sopatate MESA review ongoing. a, NI IESP Tracking Number b, Date submitted to NUESP 3. 1— Separate MESA review completed. Include copy ofNHESP "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 #:1577724 WPA Form 3 - Notice of Intent City/Town:YARMOi_1TH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 * Some projects not in Esti hated 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.rYes rNo b. ACEC Name If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 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 r 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. F Yes r No 6. 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 F 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. r No, Explain why the project is exempt: I . Single Family Home r . Emergency 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 4:1577724 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 r 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 T� 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 V [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. a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN TO ACCOMPANY A NOTICE OF INTENT DANIEL A. OJALA SHOWING A FIXED July 18, 2023 PIER, RAMP AND FLOATS 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. 1✓ 8. Attach NOI Wetland Fee Transmittal Form. r 9. Attach Stonnwater Report, if needed. r Page 6 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MessDBP. Protectiloxl MassDEP Fri Eet#: Bureau of Resoulte hotection - Wetlands eT)EP transaction M 1577724 WPA For►i<!l 3 - Notice of L><tent C►ty>► m:YAlE MOrrM Massach-usetts Wetlands Protection Act M.G.L. c. 131, §40 E. Ices Pm Exampli No nlllig fee sholl be assessed foe projects ofany oily, town, County} of dislriat of the Cam1114lawealtb, federally reeagniaed Indian Iribe housing authority, municipal housing authority, or the Massaalrusetts Bey'rrensporiatiou Authority. Applicauta must sabmil tiro following Information (in addition to pages I Find 2 of the N01 Weiland Irec'rranatnittal Fonn) to contio'n fee paynrcot: 2, Maidalpal Cluck Number 3. Check d■ta d, Stain Clreaac Number K 6. payer mmola an check: First Noma F. Signatures and Submittal Requirements S. Chock dole Vep-1AP-TtC -- 7. Fnyar name on check: t sit flame — I hereby certify under tlro penalties of perjury that Ilia foregoitig Notlee of Intent god accompanying plans, doaumcnis, and supporting data Are true and complato to tha bast of my knowledge. 1 underaland Hint the Conservation Commission will plate nollficatlon of this Noliao In a lacer newapapoe at the eKpeane of the applicant in accordance With lht: wtllnnds regulations, 310 CMR 10.05(3)(a). I fmilaer certify pudtfr naltles of perjury hint all abutters were nol(fied of Ibis application, pursugnt to lice requirements of M.Q.L. o. 131, § 40, N4tica must be m CBl'lifientdof Mailing or in W ' ag by liend delivery arcmtiftedhtail (eclurrt reoelpt t+equested) to Olt abutters wltlr(u 1.00 feet of the nmtlea i Lila project loealiali�l aP Ttaper�y Uwnar(lf di (Parent) $- Ripoot.,re of nep.e:entueWn (w hoy) For Conservation CommlaRlow 2. DAto ^� &Z&Zda.2 4. Data d. D.t• Two copies of ilia ooratpieled Notice of Intent (forin 3), itlalnding auppnrilug plans and daeurnenls, two eoples of the NOT Walla id pee Transmittal Form, and the oityltown fee payment, to (lie Conservation Commission by cerlified mail or hand dolivety. Far Mass'DEW; One copy of tha nwnpletcd Notice Wntent (Fenn 3), lacluditrg supporting plans and documents, one copy of lire NOI Wetland Fee TFonarnhial Lorin, and a copy of lite slate fee payment to the MkisaDitil' Regional Office (sea insttuctlons) by certified ,halt or hand deilvery. Othor: If the appliennl has eliecked the "yes" box in Sectlon C . ]tents 1.3, above, rotor to Illst voollon Raid lite Instructions for additional Bubmlitnl requirements. 'The original and copies n1usl he adnl sinitrltaneousiy. palluit by the apnlieent to send ooptes In a liniely manner niny rasolt in digmissni of the Notice of Intent, Page 7 of 7 11 ELECTRONIC COPY Massachusetts .Department of Environmental Provided byMassl]EP; Protection Massl)EP File #: Bureau of Resource Protection - Wetlands eDEP Transaction A 1577724 WPA Form 3 -]Notice of Intent atyffowr1:YARMOUM Massachusetts "Wetlands Protection Act M.G.L. c. 131, §40 E. fees 1. Fee P-xenrpt: No filing fee nhalI be assessed For projects of any city, lotion, county, or district of ilia Commonwealth, federtilly recognized Indian tribe housiap. authority, munieiprrl housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the fallowing information (in addition to pages 1 and 2 of the NOl Wetland Fee Transmittel Famr) to colfirm fro paymcnl` 2. Municipal CheckNutnber - - 3, Cheek detc 4. Stato Clmck Nu+nbar 6. Payer trot" un check: First Nonle F. Signatures and Submittal Requirements S. Chock Onto ILLWdaff 7_ Payer name on check: Last Nanra 1 herchy certify under the penaities of perjury that Ilia foregoing Notice oflnteot nud accompanying plans, documents, and supporting data are true and complete to the bast 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 wilb the wetlanda regulations, 310 CMR 1 further certify under penalties ofperjury chat all abutters were nalirlod (it (his application, pursuant to the requirements aFM.G.L. c. 131, j 40. Nolioe must be made by Certificate Df Mailing or in writing by hand dolivory or certified mail (return receipt requested) to all abutters within 100 Poet of tote property line ofthe project location. 1, $ignore *f Appllcanr A. Signature of Properly Owner(l(dit7efent) s. $iguomrC afRa rerantaliva (ifany� ���� �� For Conservation Commisslon: 2. Dale 4. Data -7/1217 --� 6. Dnio Two topics of the completed Notice of Intonl (Farm 3), including supporting plans and documenta, two copies of the NO] Wetland Fee'Tranamittal aorni, and tale cityhown fee pnymept, to the Conservation Commission by certified mail or hand delivery. ForNIns11AP: One copy of Ilse ooulpleled Natice of Intent (Form 3), ittrludiug supporting plans and docuulcnN, one copy of the NO[ Wetland Fee Transmittal Form, and a copy of ilia state fee payment to the MassDEP Regional Office (sae Instructions) by certified mall or hand delivery. Other. If the applicant has checked ilia "yes" box in 8ccliotl C, (tams 1-3, above, refer to that mrtiolr and the Instructions for additional submittal requirentenls. Tile original and copies mu6l be sent simultaneously. Failure by the applicant to fiend copics ill a timely ]manner may, result in dismissal of Ilia Notice orIntcnt, Page 7 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal cDEP Transaction #:1577724 City/Town:YARMOUTH Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name JOSEPH b.Last Name GILMORE c. Organization d. Mailing Address 4 DORSETT DRIVE e. City/Town WALPOLE f. State MA g. Zip Code 02032 h. Phone Number i. Fax j. Email 2.Property Owner.(if different) a. First Name JOSEPH b. Last Name GILMORE c. Organization d. Mailing Address 4 DORSETT DRIVE e. City/Town WALPOLE £State MA g. Zip Code 02032 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 150 SOUTH STREET b. City/Town YARMOUTH Are you exempted fi-om Fee? f 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 ActivityType Activity Activity Fee RF Multiplier Sub Total YP Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 164 4.00 656.00 DIKES, ETC. (COASTAL OR INLAND). City/Town share of filling fee State share of filing fee Total Project Fee $340.50 $315.50 $656.00 Page 1 of 1 * ELECTRONIC COPY NOTICE OF INTENT 150 South Street Bass River, South Yarmouth PROJECT NARRATIVE FOR PROPOSED CONSTRUCTION OF A FIXED PIER, RAMP AND FLOATS Introduction The site is currently undergoing redevelopment (raze and replace of a single family home) under a separate permit (SE83-2321). The Resource areas affected by the proposed project are: Coastal Beach, Land Containing Shellfish, Land Under Ocean, Fish Run and Land Subject to Coastal Storm Flowage. The site is within Land Subject to Coastal Storm Flowage. A shellfish survey was conducted by John Lowell; the report is enclosed as part of this filing package. 310 CMR 10.27 Coastal Beach The Coastal Beach is a margin of sand that lies landward of MLW and extends to the toe of concrete wall. The Beach will continue to respond to wave activity and high tides given the insignificant disturbance from six 12" pilings which are proposed in this area for pier support. These will impact 4.7 s.f. of bottom area. Due to the absence of shellfish in this area, no impacts are expected. Only minor, temporary disturbance is expected at time of installation. There shall be no grounding of the barge at low water. Piles will be minimally jetted and then driven to refusal, a minimum of 15' embedment. The beach will continue to respond to wave action and there will be no adverse impacts on storm damage prevention and flood control. 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 and 2.5' at the inner portion of the float. The pilings shall be fiberglass or equivalent. Minimal impacts are expected due to the scarcity of shellfish. A shellfish study performed recently by John Lowell under Town of Yarmouth regulations indicated that there was no significant shellfish population. Out of 70 observation plots, only 2 quahogs, 1 cherrystone and 2 seed were found. The DEP does not map the area as having eel grass beds and none were observed. 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 or shellfishery. The current is expected to clear the water of any temporary impacts from sediment within the water column. The driving of piling vs. jetting will minimize sediment disturbances. 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. - 1 - Under Town of Yarmouth Pier Regulations Dock and pier requirements: (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 fiberglass or equivalent 2. There will be no impact on the mooring field. As of June 2023, there are no moorings within 100' of the proposed pier (closest mooring is 165' to the south). The pier will not impede navigation; it is shorter than the immediately abutting piers to either side of it (21' landward of a line drawn between the extents of the abutting piers/floats). The southerly pier is 105' to the proposed floats; the northerly pier is 100' away. 3. Pier shall not interfere with public recreational use. The pier area is not commonly utilized by tacking sailboats due to the presence of the existing piers to either side. 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. The Waterways Committee heard this proposal at their meeting of June 12, 2023 and voted to approve as submitted, allowing the variance of 5V in order to obtain 3' of water at MLW. 4. Public right of passage.... A sign is proposed at the pier at MHW informing the public of their right to pass beneath pier for along shore access. 5. Base of the pier shall be as close as possible to the centerline of the lot. River frontage is approximately 195'. The pier is roughly centered on the frontage (80' from the northerly lot line extended and 80' from the southerly line extended. Floats are 105' from the southerly pier and 100' from the northerly pier. 6.(a) — (k) Project plans and specifications: Soundings were performed for locus. The ends of the floats are 160'+/- to the channel. There are no eel grass beds in the area based on DEP mapping and visual inspection. Moorings are shown based on latest observations (6/6/23). 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. Floats and ramp will be stored at the contractor's yard in the off-season. The soundings survey was performed in 2021 utilizing a boat and survey instrument. Datum utilized is NAVD '88 and is from site -specific data from the Buzzards Bay Estuary Program, Interactive Tidal Datum Viewer. A shellfish study was performed by John Lowell 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. -2- 9. Shared use pier not available as an option. Abutters to either side have piers which are fully occupied. 10. The length of the proposed fixed pier portion is 101.5' from MHW, and with ramp and floats it is 131.5'. 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 client, 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 significant adverse effect whatsoever to any areas subject to the protection of these regulations. Note that this pier will be shorter than the immediately abutting piers by about 21' when a line is drawn between the extents of the 2 abutting piers. 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 from mid to high tide. Realistically, there is nothing to prevent a motorboat from docking in less than 3' of water — which would directly impact substrate leading to turbidity, prop dredging and shellfish habitat disturbance. Maintaining the floats in 3' of water at MLW with even 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. A variance is further warranted because of alterations in bottom topography over the years caused by the old stone groins. 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. 11. n/a (not a pier expansion) 12 New docks/piers shall not be allowed within: (a) 75' of adjacent docks. The floats will be 105' from the southerly abutting pier and 100' to the northerly pier (b) 100' of a navigable channel or mooring. The outermost floats are greater than 100' to the channel and mooring(s) (c) 250' from public boat ramp, public landing, and swimming beach. Pier is greater than 250' from public boat ramp, public landing and swimming beach (d) No new pier shall be closer than 25' to a property line. The new pier will be greater than 79' from the projected lot lines.. 13. Floats will be 198 s.f. (<200 sf max. allowed) 14. n/a (not an expansion of existing dock) 15. Alternative materials recommended ..... Fiberglass, non-CCA and/orAzek 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) -3- 1*7 Al - -" -Y, L V . ^'•fib �� 1 ...i ft �tZ 1- 1 } ''`-��'° '+','Is=�.. _ _ ' `mac J : r�' c ->•.+ �.. .�c.n i� y�. - E" i f� C IT Posed pier John Lowell P. O Box 501 South Dennis, MA 02660 May 1, 23 TO: Conservation Commission FROM: John Lowell SUBJECT: Shellfish Survey, 181 SOUTH ST SOUTH YARMOUTH MA SURVEY DATE: 4/13/23 CREDENTIALS AND EXPERIENCE of SURVEYOR: • Shellfishing is the surveyor's full time occupation, and he has been shellfishing on Cape Cod since 1983 • Has held commercial and family licenses since the mid-90's • Aquaculture permit since 2003 • Interstate Wholesale Dealer license since 2006 • Shellfish Committee member for Town of Dennis since 2004 • Shellfish surveys and relays for the Town of Dennis since 2006 John Lowell P. O Box 501 South Dennis, MA 02660 SITE LOCATION: 181 SOUTH ST SOUTH YARMOUTH MA DATE: 4/13/23 TIDE: Low, going WEATHER: 75 degrees, sunny low tide 1:33 pm .01 SITE CONDITIONS The site consists of an existing concrete seawall from the top of the coastal bank down to approx. MHW. From the bottom of the wall there is approx. 25' of intertidal sand beach with stone jetties. Samples from the edge of the wall out to the 110' mark did not reveal a significant quahog population. No eelgrass was observed. The bottom is beach sand with a few stones. TECHNIQUE SUBTIDAL 70 sample plots were established 10' apart laterally and 8' apart heading out from the bottom of the wall. The samples were achieved using a 1/2" standard quahog rake. SHELLFISH SURVEY PLOT RESULTS 4/13/23 181 SOUTH ST SOUTH YARMOUTH TRANSECT# PLOT# A B 1` C D j E 110' 0 { 0 { 0 { 0 { 0 { 100' 0 { 0 { 0 ; 0 { 0 90' 0 { 0 { 0 { 0 { 0 { 80' 0 { 0 { 0 { 0 { 0 { 72' 0 { 0 { 0 { 0 { 0 64' 0 { 0 { 0 { 0 { 0 { 56' 0 0 0 0 { 0 48' 0 0 1Q , 0 0 40' 0 0 0 0 0 32' 0 0 0 1Q 0 24' 1CH 2SEED 0 0 0 0 16' 0 0 0 0 0 8' 0 0 0 0 0 0 0 0 0 0 = 0 { KEY OY =OYSTER � SHACK = DEAD SHELL CH = CHERRYSTONE Q = QUAHOG P LN = LITTLENECK SEED = QUGHOG SEEDLING (<1") emmm-r of I inarpm BDJII�j 41tMARANUE MIAMODGUL LUMY xmiumimi @+mr— MUSGS 0 §'fD;D 41 go 4k Kb. -A—w 'A MA 0 IV, FMT Nji - 7,1 7 'A j , 4 - 14 15on-1 5"r L 5OUTI-1 YMMOOF14 MIN Wh 14,w"sr em 'Riyp Bps ST Od,ls; S'ep 4RqEEZYP. A. It Lu 'A JIAI ITO 171111 popid AD I P4 2�. ParkerNe k Vt po —L 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 1/,-ero 61 cm of -6 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 t U�{ 51— 50V!KY��WTH D. Proposed work is CON CE r1KC`D UK ,RA�V ITj MD .-FLOAT-5-- 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 dog- ' -iiN"N61 IW. 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: 508-362-4541 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. 34/ 267/ �ASSELLA ROBERT TR Please use this signature to certify this list of properties 3USAN B CASSELLA TRUST abutting Within 100' of the parcel located at: 315 DONNA DR 150 South St., South Yarmouth, MA 02664 :)RANGE, CT 06477 Assessors Map 34, Lot 292.2 34/ 266/ l l 3TECIUK DAWN D Andy Ma ado, Director of Assessing JAMESON VINCENT June 26, 2023 32 NELSON AVE EXT 3ARATOGA SPRINGS , NY 12866 34/ 265.1/ RAYMOND PETER T GOFF ST, VIILLBURY , MA 01527 34/ 292.1/ l SILMORE JOSEPH 4 DORSETT DR EAST WALPOLE , MA 02032 34/ 291/ l l MCCULLOUGH ROBERT J MCCULLOUGH GINA M 177 RIVER ST, SOUTH YARMOUTH , MA 02664 34/ 295/ CHILDS ROBERT CHILDS ANN F 154 SOUTH ST SOUTH YARMOUTH , MA 02664 34/ 293/ DANNER OTTMAR W DANNER CLAUDE M 187 RIVER ST SOUTH YARMOUTH , MA 02664 34/ 294/ AIGUIER DUSTIN T TRS DUSTIN T AIGUIER TRUST PO BOX 194 SOUTH YARMOUTH , MA 02664 34/ 292.2/ GILMORE JOSEPH 4 DORSETT DR EAST WALPOLE , MA 02032 34,Z89 Y r RIVEREU Map showing Abutters within 100 feet 150 South St, South Yarmouth Map 34, Parcel 292.2 DEPARTMENT OF CONSERVATION Site �ccesj .�wcm C to id i If the applicailt 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 day it is filed with this office. Property Address: J !YL 500rH QU N YAELAOUT-H _ -- Assessors Map/Lot: I (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). Autborlxed Signature: Date: Please Print Name: If other than owner, please state whether tenant, agent, or other: 4-rrt 01 C-;NrAnV6- Malling Address: DANIELL ULAi-[ PGJ W (AW CAPE 6-,N61&V-PZ4A1(-rf INC, MA r Phone: �509 ;,/e2- 49 tl ! Cell: Liman: f n (�C�?10W L, ['.OIL Fax: Yarmouth Conservation Commission ■ 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 ■ TTD# (508) 398-22.31 Priscilla Leclerc From: edep.confirmation@mass.gov Sent: Thursday, July 20, 2023 8:52 AM To: Heatherlee Vermette Cc: Priscilla Leclerc Subject: eDEP Submittal Confirmation for DEP Transaction ID: 1577724 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: 1577724 Date and Time Submitted: 07/20/2023 08:51:29 ************************************************************************************** Form Name: WPA Form 3 - NO1 Project Location City/Town Name: YARMOUTH location: 150 SOUTH STREET General Description: CONSTRUCT FIXED PIER, RAMP AND FLOATS Applicant Information Name: JOSEPH GILMORE Company Address: 4 DORSETT DRIVE WALPOLE MA 02032 Payment Information Your fee for the state share is $: 315.50 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 : 21-158 Gilmore Abutters List & Map 21-158 Gilmore Abutters Notification 21-158 Gilmore Aerial View w Proposed Pier 6-6-23 21-158 Gilmore Pier Site Plan rev 7-18-23 21-158 Gilmore Project Narrative 21-158 Gilmore Shellfish Survey 21-158 Gilmore Site Access Authorization 21-158 Gilmore USGS Locus Map ************************************************************************************** EMAIL ID OF THE USER: info@downcape.com ************************************************************************************** EMAIL ID OF THE OTHER USERS: priscilla@downcape.com **************************************************************************************