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Home My WebLink AboutNOIJanuary 24, 2024 Yarmouth Conserva�on Commission 1146 Route 28 South Yarmouth, MA 02664-4492 RE: No�ce of Intent for 26 Glenwood St, W. Yarmouth, MA Dear Conserva�on Chair: Cape & Islands Engineering, Inc. is submi�ng this No�ce of Intent (NOI) Applica�on, on behalf of the Applicant, Erik Moore, for the proposed razing of the exis�ng single story, single-family residen�al home, deck, and associated appurtenances and construc�ng and maintaining a new two story, single- family residen�al home with a new deck, new and relocated stone step walks, a rinse sta�on, extended gravel driveway, lawn, landscaping, reloca�on of u�li�es, a new Title 5 Sep�c System and associated appurtenances at 26 Glenwood Street (Map 20 / Parcel 82.1) in West Yarmouth, Massachusets. This applica�on has been filed in accordance with the Massachusets Wetlands Protec�on Act, (MA WPA, M.G.L. Chapter 131, Sec�on 40) and its implemen�ng regula�ons (310 CMR 10.00) and the Town of Yarmouth Wetland By-Law Chapter 143, Sec�on 2 and associated Regula�ons. Proposed ac�vi�es will occur within Coastal Watershed Areas and within 100 feet of Land Subject to Coastal Storm Flowage, Coastal Bank, Bordering Vegetated Wetland / Vegetated Wetland and Yarmouth Coastal Watershed Areas. Atached please find one original copy of the NOI applica�on package, NOI Narra�ve, one original and five (5) copies of the plan, a check for $200.00 to cover the Town Bylaw Fee, a check for $262.50 to cover the Town’s share of the MA WPA filing fee, and a check for $10.00 for the Legal Adver�sement. We are also emailing you a complete copy of the NOI Applica�on Package. The NOI Applica�on Package has been e-FILED with the MA Department of Environmental Protec�on Southeastern Regional Office using the eDEP Online Filing System. We are reques�ng that this mater be placed on the next available hearing agenda so we may present the project to the Conserva�on Commission. If you have any ques�ons or comments, please contact me directly at 508-477-7272 or via e-mail at lmacdonald@capeeng.com. Sincerely, Cape and Islands Engineering Inc. Lori A Macdonald, MS, PWS, CWB, CESSWI Senior Wetland Scien�st Cc: DEP SERO w/Atachments via eFile Erik Moore w/Atachments Britany Dirienzo w/Atachments via eMail Kathryn Brooks w/Atachments via eMail Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 3/2023 Page 1 of 2 Administrative Checklist Notice of Intent General 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: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 NOI application with original signatures (double sided). Typed signatures will not be accepted. 1 detailed narrative of the project including: existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00and abutter notification form. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 5 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. See plan requirements 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” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 3/2023 Page 2 of 2 Digital filing emailed to bdirienzo@yarmouth.ma.us and kbrooks@yarmouth.ma.us including: A pdf of the entire signed application, supporting information listed above, and plan. Please list project property’s street address in the pdf file name. DEP Submittal 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@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied to bdirienzo@yarmouth.ma.us and kbrooks@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. 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. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. 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 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 his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. o 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.yarmouth.ma.us/LF 26 GLENWOOD ST MAP 20 / PARCEL 82-1 7,140 ± S.F. MAP 20 / PARCEL 83 MAP 20 / PARCEL 83 MAP 20 / PARCEL 80 MAP 20 / PARCEL 11 MAP 20 / PARCEL 9 MAP 20 / PARCEL 85 MAP 20 / PARCEL 12 MAP 20 / PARCEL 79 MAP 20 / PARCEL 78 MAP 20 / PARCEL 77 100 FOOT OFFSET GLE N W O O D ST REET (40' WIDE - P UBLI C) P A R K A V E N U E (P U B L I C ) Drawing Title:Project: YARMOUTH, MASSACHUSETTS MAP 20 / PARCEL 82.1 26 GLENWOOD STREET SUMMERFIELD PARK - 800 FALMOUTH ROAD - SUITE 301C - MASHPEE, MA 02649 508.477.7272 PHONE 508.477.9072 FAX JANUARY 10, 2024 100-FOOT PROPERTY OFFSET Owner:ERIK H. AND REBECCA C. MOORE Deed Ref: Date: Parcel ID No: NA LAMDrawn By:JJFCheck By: 0 SCALE: 30 60 1" = 60' wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 26 GLENWOOD STREET a. Street Address YARMOUTH b. City/Town 02673 c. Zip Code Latitude and Longitude: d. Latitude e. Longitude MAP 20 f. Assessors Map/Plat Number PARCEL 82.1 g. Parcel /Lot Number 2. Applicant: ERIK H. a. First Name MOORE b. Last Name c. Organization 1121 VERNON STREET d. Street Address BRIDGEWATER e. City/Town MA f. State 02324 g. Zip Code h. Phone Number i. Fax Number erikmoore@gmail.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner ERIK H. & REBECCA C. a. First Name MOORE b. Last Name c. Organization 1121 VERNON STREET d. Street Address BRIDGEWATER e. City/Town MA f. State 02324 g. Zip Code h. Phone Number i. Fax Number erikmoore@gmail.com j. Email address 4. Representative (if any): MARK a. First Name DIBB, P.E. b. Last Name CAPE AND ISLANDS ENGINEERING, INC. c. Company 800 FALMOUTH ROAD, SUITE 301C d. Street Address MASHPEE e. City/Town MA f. State 02649 g. Zip Code 508.477.7272 h. Phone Number 508.477.9072 i. Fax Number mark@capeeng.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 500.00 a. Total Fee Paid 237.50 b. State Fee Paid 262.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town A. General Information (continued) 6. General Project Description: Raze an existing single family home and appurtenances and construct and maintain a new single family home, appurtenances and septic system. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: BARNSTABLE a. County b. Certificate # (if registered land) 35707 c. Book 255 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – 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). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront 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 NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement 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 enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands 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 and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 August 1, 2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. 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. Yes No 6. 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. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. 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 Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). 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. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the 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 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number YARMOUTH City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), 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. Site and Septic Plan (Increase in Flow) for 26 Glenwood Street, West Yarmouth, MA a. Plan Title Mark Dibb, P.E. b. Prepared By Mark Dibb, P.E. & Matthew C. Costa, PLS c. Signed and Stamped by 12/12/23 d. Final Revision Date 1"=10' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. 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 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 3277 2. Municipal Check Number 1/22/24 3. Check date Filed Electronically 4. State Check Number 1/24/24 5. Check date Cape & Islands Engineering, Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name A. Applicant Information 1. Applicant: a. First Name ERIK H.b.Last Name MOORE c. Organization d. Mailing Address 1121 VERNON STREET e. City/Town BRIDGEWATER f. State MA g. Zip Code 02324 h. Phone Number i. Fax j. Email erikmoore@gmail.com 2.Property Owner:(if different) a. First Name ERIK H. & REBECCA C.b. Last Name MOORE c. Organization d. Mailing Address 1121 VERNON STREET e. City/Town BRIDGEWATER f.State MA g. Zip Code 02324 h. Phone Number i. Fax j.Email erikmoore@gmail.com 3. Project Location: a. Street Address 26 GLENWOOD STREET b. City/Town YARMOUTH Are you exempted from Fee? 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 Number Activity Fee RF Multiplier Sub Total A.) CONSTRUCTION OF SINGLE FAMILY HOUSE; 1 500.00 500.00 City/Town share of filling fee $262.50 State share of filing fee $237.50 Total Project Fee $500.00 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Wetland FeeTransmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File #: eDEP Transaction #:1630099 City/Town:YARMOUTH Page 1 of 1 * ELECTRONIC COPY NOTICE OF INTENT Filing under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 and associated Regulations at 310 CMR 10.00 and the Town of Yarmouth Wetland By-Law Chapter 143, Section 2 and associated Regulations Project Razing an Existing Single-Family Dwelling, Deck, Paver Patio, Stone Stepper Walkways, and Associated Appurtenances and Constructing and Maintaining a New Single-Family Dwelling, Driveway Extension, Deck, Rinse Station, Lawn, Landscaping, New and Relocated Paver Walks, Title 5 Septic System and Associated Appurtenances Location 26 GLENWOOD STREET WEST YARMOUTH, MA 02673 (Map 20 / Parcel 82.1) Applicant and Owner ERIK MOORE 1121 VERNON STREET BRIDGEWATER, MA 02324 Prepared by CAPE & ISLANDS ENGINEERING, INC. 800 Falmouth Road, Suite 301C Mashpee, MA 02649 (508) 477-7272 NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Table of Contents 1.0 Overview ................................................................................................................................................ 1 1.1 Introduction ......................................................................................................................................... 1 1.2 Applicable Regulations ....................................................................................................................... 1 2.0 Background ........................................................................................................................................... 1 2.1 Property History .................................................................................................................................. 1 2.2 Existing Conditions ............................................................................................................................. 1 2.3 Site Characteristics ............................................................................................................................. 1 2.4 FEMA Floodplain ................................................................................................................................ 2 2.5 Resource Areas .................................................................................................................................. 2 2.6 Critical Areas ...................................................................................................................................... 2 2.7 NHESP Estimated and Priority Habitat and Vernal Pools .................................................................. 2 2.8 Area of Critical Environmental Concern (ACEC) ................................................................................ 2 3.0 Proposed Project .................................................................................................................................. 2 3.1 Scope of Work .................................................................................................................................... 2 3.2 Construction Methodology .................................................................................................................. 3 4.0 Minimization and Mitigating Measures ............................................................................................... 3 4.1 Anticipated Impacts ............................................................................................................................ 3 4.2 Avoidance and Minimization ............................................................................................................... 3 4.3 Mitigating Measures ............................................................................................................................ 4 5.0 Applicable Performance Standards .................................................................................................... 4 5.1 Coastal Bank ...................................................................................................................................... 4 5.2 Land Subject to Coastal Storm Flowage ............................................................................................ 7 5.3 Coastal Watershed Areas ................................................................................................................... 8 6.0 Summary .............................................................................................................................................. 11 6.1 Performance Standard Metrics ......................................................................................................... 11 6.2 Request for Order of Conditions ....................................................................................................... 11 6.3 Contact Information .......................................................................................................................... 11 7. Figures .................................................................................................................................................. 12 Figure 1 – USGS TOPO Map ................................................................................................................. 12 Figure 2 – ACEC and NHESP Map ........................................................................................................ 13 Figure 3 – FEMA Firmette ...................................................................................................................... 14 8. Appendixes ........................................................................................................................................... 15 Appendix A – Abutter Affidavit of Service ............................................................................................... 15 Appendix B – Abutter Notification ........................................................................................................... 16 Appendix C – Certified Abutters List ....................................................................................................... 17 Appendix D – Site Photographs.............................................................................................................. 18 NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Appendix E – Directions to Site .............................................................................................................. 19 Appendix F – Project Plans (See attached) ............................................................................................ 20 NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 1 1.0 OVERVIEW 1.1 Introduction Cape and Islands Engineering, Inc. is submitting this Notice of Intent (NOI) Application, on behalf of the applicant, Erik H. Moore, to raze the existing single story, single-family residential home, deck, and associated appurtenances and construct and maintain a new two story, single-family residential home with a new deck, new and relocated stone step walks, a rinse station, extended gravel driveway, lawn, landscaping, relocation of utilities, a new Title 5 Septic System and associated appurtenances at 26 Glenwood Street (Map 20 / Parcel 82.1) in West Yarmouth, Massachusetts. Proposed activities will occur within Coastal Watershed Areas and within 100 feet of Land Subject to Coastal Storm Flowage (LSCSF), Coastal Bank, and Bordering Vegetated Wetland / Vegetated Wetland (BVW / VW). The proposed activities are further described below and are shown on the attached project plans. 1.2 Applicable Regulations This application has been filed pursuant to the Commonwealth of Massachusetts Wetlands Protection Act (MA WPA) M.G.L. Chapter 131, Section 40, and its implementing regulations (310 CMR 10.00); and the Town of Yarmouth Wetland By-law, Chapter 143, Section 2 and its associated regulations (YWPR). 2.0 BACKGROUND 2.1 Property History The property at 26 Glenwood Street (110 Ransom Road (Map 20 / Parcel 82.1) in West Yarmouth is shown as lot number 23 and the northeasterly half of Lot 22 on the plan entitled “Plan of Lots at Hyannis Park, situated in Yarmouth, Mass., Dec. 1892” on file at the Barnstable County Registry of Deeds (Plan Book 26, Page 103). According to the Town of Yarmouth’s Assessor’s records, a residential home was constructed on site in 1950. Historical aerials show the parcel with a single-family home since at least 1971. There are no known environmental permits that have been issued for the property. 2.2 Existing Conditions The property at 26 Glenwood Street is a residentially developed 7,140 square foot lot with a single story, two (2) bedroom, residential, bungalow style home built in 1950, a fireplace, paver patio, deck, stone stepper walks, fencing, gravel driveway, landscaping and lawn. The home is serviced by electric, gas, water and an on-site septic system. 2.3 Site Characteristics The lot at 26 Glenwood Street is flat and developed with structure, lawn and landscaping. A wooded area with wetland resource areas is located immediately adjacent to the property to the north/northwest. Residential lots border the parcel north/northeast, south/southwest and across Glenwood Street from the property. Elevations on site are approximately 14 feet NAVD 1988. NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 2 There are no perennial streams within 200 feet of the property per the most recent USGS Quadrangle. 2.4 FEMA Floodplain According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) community panel number 25001C0569J, effective July 16, 2014, a 100-year Zone AE floodplain is located to the northwest of the property boundaries. The Zone AE extends up to elevation 11 feet NAVD 88 (See attached Figure). The limits of the FEMA AE Zones are shown on the plan and represent the limits of LSCSF. 2.5 Resource Areas A Bordering Vegetated Wetland / Vegetated Wetland (BVW / VW) is located off site to the northwest of the property boundaries. The limits of the BVW / VW were identified in the field during the initial field survey and are shown on the project plans as an approximate wetland line. A Coastal Bank is also located off property, to the northwest of the site. The limits of Coastal Bank were determined in accordance with the MA DEP Coastal Bank Policy (Wetland Program Policy 9201) and are shown on the plans. The Coastal Bank extends up to elevation 11 which is also the 100-year floodplain elevation, also known as LSCSF. The property is located within 300 feet of the Lewis Bay Estuary and with a Coastal Watershed Area. The property is not located within Riverfront Area. 2.6 Critical Areas According to MassMapper, there are no Critical Areas including mapped Outstanding Resource Waters, Groundwater Protection Zone Is, IIs, or Interim Wellhead Protection Areas, Vernal Pools, Fishery Resources, Shellfish Suitability Areas or Public Beaches within or immediately adjacent to the property limits. The project involves work on a single-family residential lot and is exempt from the Massachusetts Stormwater Management Standards and Regulations. 2.7 NHESP Estimated and Priority Habitat and Vernal Pools According to the Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program (MNHESP), there are no mapped Estimated Habitat of Rare Wetlands Wildlife or Priority Habitat within the project limits or Certified or Potential Vernal Pools within 300 feet of the property (MassMapper, December 2023). 2.8 Area of Critical Environmental Concern (ACEC) According to the Massachusetts GIS mapping, the proposed work is outside the limits of an Area of Critical Environmental Concern. See Section 5.0 for the analysis of performance standard associated with directly impacted resource area. 3.0 PROPOSED PROJECT 3.1 Scope of Work The applicant is proposing to raze the existing single story, single-family residential home, deck, and associated appurtenances and construct and maintain a new two story, single-family residential home NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 3 with a new deck, new and relocated stone step walks, a rinse station, extended gravel driveway, lawn, landscaping, relocation of utilities, and associated appurtenances at 26 Glenwood. Additional work includes the construction of a new upgraded Title 5 Septic System to replace the existing septic leaching pit system. The existing septic system will be pumped and then filled or removed from the property per Title 5 requirements. 3.2 Construction Methodology Prior to the start of construction, the Order of Conditions (OOC) and MA Department of Environmental Protection (MA DEP) / Falmouth Conservation Commission File Number will be posted at the site, and the area will be staged for construction. The work limits will be defined in the field and erosion and/or sedimentation controls will be installed as shown on the attached plans and/or as needed. Efforts will be coordinated to minimize disturbance within and around the subject resource areas. The contractor will dismantle and remove the existing residential home and then construct a new foundation, septic system, residential home, decks, pavers and appurtenances followed by landscaping and the installation of a lawn. After work is complete, all construction equipment, debris and materials will be removed from the site. Equipment that may be used during construction could include a small crane, an excavator, a backhoe, a bobcat, a manlift, concrete truck, dump truck, table saw, and hand tools. Large scale equipment and materials brought into the work area will be from Glenwood Street. Staging and equipment will be stored in an upland area as far from wetland resources as practicable. 4.0 MINIMIZATION AND MITIGATING MEASURES 4.1 Anticipated Impacts The majority of the work associated with the removal of the existing home and construction of the new structures and septic system will occur within the 100-foot Buffer Zone to Coastal Bank, BVW / VW, and LSCSF. No direct impact to resource areas will occur as a part of this project. Only minor structures such as the proposed decks will be constructed within the 50-foot Buffer Zone associated with Coastal Bank and LSCSF. No new structures will be constructed any closer than 38 feet from Coastal Bank / LSCSF. All proposed new structures will be constructed within previously disturbed and developed areas on site. Development will be expanded into existing lawn and landscaped areas. No native vegetation will be impacted during construction. No new development beyond existing developed, lawn and landscaped areas will occur on the property. 4.2 Avoidance and Minimization The new proposed Title 5 septic system will be constructed on site further from wetland resource areas than under current conditions. The new Title 5 Septic system will replace the existing, septic leaching pits on site. The existing septic leaching pits will be pumped and either backfilled with soil or removed from the site per Title 5 Regulations. During the work, disturbance to adjacent areas will be avoided and minimized to the maximum extent practicable. Prior to the start of work, sedimentation controls will be installed to protect adjacent resource areas during construction. All ground disturbances will be kept to the minimum necessary to NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 4 complete the construction and installation(s). Any disturbed areas will be stabilized to prevent erosion. During construction, the site will be kept clean. Upon completion of construction, the site will be stabilized and restored to preconstruction conditions to the maximum extent possible. The proposed project activities are minor and will have no adverse effect on BVW / VW, Coastal Bank or LSCSF. All work will take place within Buffer Zone only and the proposed structures will be located more than 35 feet away from Coastal Bank, BVW / VW, and LSCSF. 4.3 Mitigating Measures No mitigation is proposed as a part of this project. Impacts to the 100-foot Buffer Zone will be restored to preconstruction conditions after work is complete. Disturbed areas will be loamed and/or seeded as necessary to stabilize the area. 5.0 APPLICABLE PERFORMANCE STANDARDS 5.1 Coastal Bank According to the YWPR Part 2. Section 2.05, the MA WPA Regulations at 310 CMR 10.30 Coastal Bank and the Wetlands Program Policy 92-1: Coastal Banks, Coastal Bank is defined as follows: YWPR Definitions (2.05 (2)) ““Coastal bank” means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action or storm flowage, or other wetland. Any minor discontinuity of the slope notwithstanding, the top of the bank shall be the first significant break in slope that occurs above the relevant 100-year flood plain elevation. The 100 year flood plain elevation shall be taken from the latest available Flood Insurance Rate Maps, prepared by the Federal Emergency Management Agency for the Town of Yarmouth.” MA WPA Regulatory Definitions (310 CMR 10.30(2)) “Coastal Bank means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland. Massachusetts Wetlands Program Policy 92-1: Coastal Banks For a coastal bank with a slope greater than or equal to 10:1 but less than 4:1, the top of coastal bank is the 100-year flood elevation. Coastal Bank is located on site and is shown on the attached plans. The Coastal Bank extends from the BVW / VW located to the northeast of the property up to the 100-year FEMA Floodplain elevation of 11 Feet NAVD. The slope of the Coastal Bank generally ranges from 22.4 % to 13.7 %. YWPR Performance Standards (2.05 (3)) According to the YWPR, activities on Coastal Banks or buffer zone meet the following applicable performance standard(s): NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 5 “Any activity that is allowed on a coastal bank shall comply with the following provisions: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: (1) coastal engineering structures or modifications thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action; (2) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible; (3) protective planting designed to reduce erosion may be permitted; and (4) the applicant provides sufficient evidence that the building was constructed pursuant to a Notice of Intent prior filed before August 10, 1978. The project does not involve the construction of a new bulkhead, revetment, seawall, groin or other coastal structure. No work will occur on Coastal Bank as a part of this project. (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 2.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank.” The Coastal Bank is located off property. No work will occur on the Coastal Bank. Work will occur within 50 feet of the top of the coastal bank. The 50-foot buffer line is shown on the plans. The removal of portions of the existing residential home and the construction of a new deck and part of a new bulkhead will be constructed within the 50-foot buffer but not closer than 35 feet to the resource area. According to the Yarmouth Wetland Regulations, “Minor structures such as sheds, decks and small additions may be allowed closer than 50 feet to a Resource Area but no closer than 35 feet.” The proposed work will not adversely effect wave action or its ability to move sediment from the coastal bank, beach or land subject to tidal action or flooding. The work is outside a Velocity Zone, Limits of Moderate Wave Action and Limits of Minor Wave Action. The project will not affect the stability of the Coastal Bank. The Coastal Bank Buffer Zone where work will occur is currently a lawn or landscaped and is relatively flat. None of the activities proposed will potentially destabilize the Coastal Bank. MA WPA Regulatory Performance Standards According to the MA WPA Regulations, activities on Coastal Banks or buffer zone meet the following applicable performance standard(s): NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 6 WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: (a) a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and (b) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. (c) protective planting designed to reduce erosion may be permitted. NOT APPLICABLE (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. Not Applicable. This Coastal Bank is not subject to wave action and does not supply sediment to coastal beaches or land subject to tidal action. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131,§ 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. Not Applicable. This Coastal Bank is not an eroding bank. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The Coastal Bank is located off property. No work will occur on the Coastal Bank. Work will occur within 100 feet of the top of the Coastal Bank. The 100- foot buffer line is shown on the plans. The Coastal Bank is located off site and has a gradual slope of between 10:1 to 4:1. The Coastal Bank borders a freshwater wetland and is not subject to wave action or erosion. The existing 100-foot Coastal Bank buffer on site is generally developed with lawn or landscaped areas and is flat. The work in the 100-foot buffer to Coastal Bank will not destabilize the adjacent, off-property relatively gradual Coastal Bank. Work will occur within previously NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 7 disturbed and developed areas with structures, a lawn and landscaping. No structure will be constructed closer than 38 feet from the top of the Coastal Bank. The area will be stabilized after work is complete. The project will not destabilize the existing Coastal Bank. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. Not applicable. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. Not applicable. According to the MA NHESP mapping, there are no MA NHESP priority or estimated habitats or vernal pools within the property limits. The project will not impact Coastal Bank subject to the MA Wetlands Protection Act, the Yarmouth Wetlands Protection Bylaw or associated Regulations. The proposed project activities will not have an adverse effect on the subject resource area, its characteristics or interests. 5.2 Land Subject to Coastal Storm Flowage According to the YWPR at Part 2, Section. 2.10 and the MA WPA Regulations at 310 CMR 10.04, Land Subject to Coastal Storm Flowage (LSCSF) is defined as follows: YWPR Regulatory Definition (2.10 (2)) “Land Subject to Coastal Storm Flowage” are areas that extend up-gradient or landward from the ocean and the ocean’s estuaries to a point where the maximum lateral extent of floodwater will theoretically terminate based upon the 100 year frequency storm. Said boundary shall be the relevant 100 year storm elevation referenced within the latest available Flood Insurance Rate Maps provided by the Federal Emergency Management Agency.” The YWPR also state in their regulatory definitions that: “Land Subject to Coastal Storm Flowage means land subject to any inundation caused by coastal storms up to and including that caused by the 100 year storm, surge of record, or storm of record, whichever is greater.” MA WPA Regulatory Definition (310 CMR 10.04) “Land Subject to Coastal Storm Flowage means land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater.” There are no performance standards for LSCSF under the MA WPA Regulations. YWPR Performance Standards (2.10 (3)) According to the YWPR, activities on LSCSF meet the following applicable performance standard(s): NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 8 “Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering land within 300 feet of a major estuary defined in section 1.04 of these regulations shall meet the following requirements. Notwithstanding this section 2.10, (3), beach nourishment and coastal engineering projects such as bulkheads and seawalls may be allowed if they meet all other performance in these regulations. (a) Existing septic system and cesspool repairs will be allowed provided they substantially meet all Title 5 and local Board of Health thresholds. (b) All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. (c) Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation.” Not applicable. No work will occur within LSCSF. “Land Within 300 Feet of a Major Estuary means that portion of land that extends 300 feet landward or up-gradient from the actual river, creek, salt pond, or embayment and is within the 100 year frequency storm elevation as referenced on the latest available Flood Insurance Rate Maps provided by the Federal Emergency Management Agency.” LSCSF is located off property to the northwest of the site. The LSCSF is a Flood Zone AE and extends up to Elevation 11 feet, 1988 North American Vertical Datum (NAVD 1988). The work is also located within 300 feet of Lewis Bay, a Major Estuary in Yarmouth. No work will impact LSCSF. Work will occur within 50 feet of LSCSF. The 50-foot buffer line is shown on the plans. The removal of portions of the existing residential home and the construction of a new deck and part of a new bulkhead will be constructed within the 50-foot buffer but not closer than 35 feet to the resource area. According to the Yarmouth Wetland Regulations, “Minor structures such as sheds, decks and small additions may be allowed closer than 50 feet to a Resource Area but no closer than 35 feet.” The project will not impact LSCSF and elements will not be located closer than 38 feet from the limits of LSCSF. The proposed project activities will not cumulatively impact the resource area’s functions or values. 5.3 Coastal Watershed Areas According to the YWPR Part 2., Section 2.11, Coastal Watershed Areas are defined as follows and the project meet the following applicable performance standards: (2) Definition: “Coastal Watershed Areas” are those areas mapped and delineated specifically within the “Water Resources Protection Study” prepared for the Town of Yarmouth by I.E.P. Inc. and Wright Pierce, dated August, 1988. For the purposes of this section 2.11, (2), Conservation Commission jurisdiction will be restricted to within 300 feet from a major estuary defined in section 1.04, and such jurisdiction must occur within the mapped area referenced above.” (3) Performance Standards: NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 9 “In order to properly protect our Coastal Watershed Areas, no project will be allowed that incorporates any of the practices referenced in section 2.11, (1), (b), 1 thru 6.” Practices referenced in section 2.11 (1), (b), 1 thru 6 include the following: (1) Outdated underground storage tanks (2) Landfills (3) Stump dumps (4) Road salt storage (5) Septic package treatment plants (6) Automotive and construction equipment repairs. The project is located within the Coastal Watershed Area associated with Lewis Bay. The work proposed is not one of the six (6) land use practices that could present serious threats to the quality of the Coastal Watershed Area. 5.4 Bordering Vegetate Wetland / Vegetated Wetland YWPR Regulatory Definition (3.02 (2)) According to the YWPR, Vegetated Wetlands, (Wet Meadows, Marshes, Swamps and Bogs) are defined as follows: (2) Definition, Critical Characteristics and Boundary (a) Vegetated wetlands are brackish and freshwater wetlands. The types of brackish and freshwater wetland are wet meadows, marshes, swamps and bogs. They are areas where the topography is low and flat, and where soils are annually saturated. The ground and surface water regime and the vegetational community which occur in each type of freshwater wetland are specified in section 3.02, (2), (c). (b) The physical characteristics of vegetated wetlands, as described in the foregoing section 3.02, (2), (a), are critical to the protection of the interests specified in section 3.02, (1), above. (c) The boundary of a vegetated wetland is the line within which 50% or more of vegetational community consists of the wetland plant species identified in sections 3.02, (1) thru 3.02, (2), (c), (4), below. A minimum size of 3000 square feet is required for jurisdiction under these regulation. MA WPA Regulatory Definition (310 CMR 10.55) According to the MA WPA Regulations, BVW is defined as follows: (2) Definition, Critical Characteristics and Boundary. (a) Bordering Vegetated Wetlands are freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types of freshwater wetlands are wet meadows, marshes, swamps and bogs. Bordering Vegetated Wetlands are areas where the soils are saturated and/or inundated such that they support a predominance of wetland indicator plants. The ground and surface water regime and the vegetational community which occur in each type of freshwater wetland are specified in M.G.L. c. 131, § 40. (b) The physical characteristics of Bordering Vegetated Wetlands, as described in 310 CMR 10.55(2)(a), are critical to the protection of the interests specified in 310 CMR 10.55(1). (c) The boundary of Bordering Vegetated Wetlands is the line within which 50% or more of the vegetational community consists of wetland indicator plants and saturated or inundated conditions exist. Wetland indicator plants shall include but not necessarily be limited to those plant species identified in the Act. Wetland indicator plants are also those classified in the indicator categories of NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 10 Facultative, Facultative+, Facultative Wetland-, Facultative Wetland, Facultative Wetland+, or Obligate Wetland in the National List of Plant Species That Occur in Wetlands: Massachusetts (Fish & Wildlife Service, U.S. Department of the Interior, 1988) or plants exhibiting physiological or morphological adaptations to life in saturated or inundated conditions. A vegetated wetland is located off site, to the northwest of the property. The upper limits of the wetland were surveyed in the field and are shown on the plans as the approximate location of the wetland. The wetland is defined as a shrub swamp wetland according to the MA DEP Wetlands Datalayer. The wetland meets the definition of a Vegetated Wetland under the YWPR (3.02(2) and the definition of a BVW under 310 CMR 10.55(2) of the MA WPA Regulations. YWPR Performance Standards (3.02 (3)) According to the YWPR, the activities must meet the applicable performance standards for work in or within 100-feet of Vegetated Wetlands, (Wet Meadows, Marshes, Swamps and Bogs) are as follows: (3) Performance Standards: Any proposed work, permitted by the Commission, in a vegetated wetland or within 100 feet of a vegetated wetland shall not destroy any portions of said vegetated wetland, nor shall the proposed work impair in any way the vegetated wetland’s ability to perform any of the functions in section 3.02, (1). A portion of the existing residential home, lawn, landscaping and pavers are located within 100-feet of BVW / VW. The BVW / VW are off site to the northwest of the property. All work will be completed within previously developed areas with existing structures, landscaping and lawn. Within the 100-foot BVW / VW Buffer, a portion of the existing home will be removed, and a portion of the new home will be expanded into the existing landscaped and lawn area. The proposed residential home structure will be constructed further from the BVW / VW than under existing conditions. A new deck and bulkhead will be constructed within the 100-foot buffer zone behind the proposed new home. The new deck and bulkhead will be constructed within existing developed areas including lawn and landscaping. The existing leaching pits located at the back of the house will be pumped and then filled with soil or removed from the site, per Title 5 requirements. No removal of native vegetation will occur as a part of the project. Less lawn will be located within the 100-foot BVW / VW buffer after work is complete, having been developed with structure. The new septic system will be located in the front of the new home, close to the roadway, providing greater distance between the proposed leaching field to the BVW/VW than under existing condition. In addition, the existing leaching pits will be replaced with a Title 5 compliant septic system. The project will not impact Bordering Vegetated Wetland / Vegetated Wetland subject to the MA Wetlands Protection Act, the Yarmouth Wetlands Protection Bylaw or associated Regulations. The project meets the YWPR Vegetated Wetland performance standards NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 11 for work within 100-feet of Vegetated Wetland. The proposed project activities will not have an adverse effect on the subject resource area, its characteristics or interests. 6.0 SUMMARY 6.1 Performance Standard Metrics The existing wetland resource and anticipated project impacts associated with this project have been fully documented within this Notice of Intent application. Based on the information provided in this application it is asserted that the following entire project would result in a benefit to the associated resource areas and will not induce cumulative impairment of the subject resource areas values and functional characteristics. Minor structures will be constructed future than 35 feet from Coastal Bank and LSCSF. The existing 50-foot buffer within the work limit is flat, previously developed or disturbed with existing structures, lawn and landscaping. Existing building will be removed from the 50-foot Buffer and replaced with a part of a bulkhead and deck. No impacts to Coastal Bank or LSCSF will occur as a part of this project. No native vegetation will be removed from the 100-foot BVW / VW buffer. Best Management Practices will be used during construction to avoid impacts to wetland resource areas. The project will not impact wetland resource areas regulated under the MA Wetlands Protection Act and meets the applicable performance standards found in the MA WPA Regulations and Yarmouth Wetlands Protection Regulations. 6.2 Request for Order of Conditions The Applicant has demonstrated and documented evidence that this project meets or exceeds all the relevant performance standards set forth in the governing regulations and respectfully request this project be approved and that an Order of Conditions be issued to the Applicant through its representative. 6.3 Contact Information In an effort to reduce the amount of paper required for filings, the entire application can be emailed upon request to regulatory staff and commission members. Please contact Lori Macdonald at 508.477.7272 or lmacdonald@capeeng.com at Cape & Islands Engineering, Inc. to obtain any paper or digital copies of project information. The Applicant’s representative: Mark Dibb, P.E. CAPE & ISLANDS ENGINEERING, INC. 800 Falmouth Road, Suite 301C 508.477.7272 mdibb@capeeng.com NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 12 7. FIGURES Figure 1 – USGS TOPO Map From MassMapper. Site is located within the USGS Hyannis, MA Quadrangle. SITE NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 13 Figure 2 – ACEC and NHESP Map SITE NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 14 Figure 3 – FEMA Firmette SITE NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 15 8. APPENDIXES Appendix A – Abutter Affidavit of Service AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Lori A Macdonald, Cape & Islands Engineering, Inc. hereby certify under the pains and penalties (Name of person making the Affidavit) of perjury, that on, 1/24/2024 gave notification to abutters in compliance with the second (Date) Paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification, Dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetland Protection Act by Erik H. Moore with the Yarmouth (Name of Applicant) (Name of Municipality) Conservation Commission on 1/24/2024 for the property located at (Date) 26 Glenwood Street, Yarmouth (Address of land where work is proposed) The form of the notification and a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. Lori A. Macdonald, Cape & Islands Engineering, Inc. January 24, 2024 (Name) (Date) NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 16 Appendix B – Abutter Notification NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 17 Appendix C – Certified Abutters List NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 18 Appendix D – Site Photographs Site Photos Taken July 11, 2023 NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 19 Appendix E – Directions to Site Erik Moore 26 Glenwood Street, West Yarmouth, MA From Google Maps NOTICE OF INTENT APPLICATION 26 GLENWOOD STREET, WEST YARMOUTH Page 20 Appendix F – Project Plans (See attached)