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HomeMy WebLinkAbout NOITRANSMITTAL DATE: 10/20/2022 FROM: Heather Marie Cornell Town of Yarmouth Conservation Commission Method of Delivery: Hand deliver 33 & 39 Seth Lane South Yarmouth Enclosed is the NOI filing for 33 & 39 Seth Lane, including: • Yarmouth check list • WPA Form 3 NOI Filing • Project narrative • USGS Locus map • Abutter list • Abutter notification letter • eDEP confirmation receipt • $100.00 Bylaw fee • $387.50 town fee • $10.00 legal ad fee • 8 Site plans, dated l0-18-2022 Cc: File Please call/email should you have any questions DOWN CAPE ENGINEERING, INC. 939 MAIN ST, SUITE C YARMOUTHPORT, MA 02675 PHONE: 508-362-4541 03 FAX: 508-362-9880 E-MAIL: hcornell@downcape.com � � � ' • � � 'r � r 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. S arZ CLp.p�ic,aiia�: ��oes 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) 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. v 1 hardcopy 100' radius map, current abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor's office. The Assessor's office requires 7 days advance notice. All abutters must be notified via certified mail. 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(c�yarmouth.ma.us. Please list project property's street address in the pdf file name. ,i Submit Certified Mail Receipts (PS Form 3800) for all abutters. (� 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(a�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. 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 bdirienzo@yarmouth.ma.us Rev 9/2022 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" Legal ad fee: separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedule at https://www.yarmouth.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@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(a)yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection �� � Box 4062 Boston, MA 02211 Other Comments: • Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. • If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online: Go to www.yarmouth.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 Route 28 •South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 bdirienzo@yarmouth.ma.us Rev 9/2022 Page 2 of 2 Massachusetts Department of Environmental Protection 1in.Lei 4• • • 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: 1438270 Document: WPA Form 3 - NOI Size of File: 245.83K Status of Transaction: In Process Date and Time Created: 10�19�2022:4:34:10 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1438270 WPA Form 3 - Notice of Intent City/Ibwn:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address 33 & 39 SETH LANE b. City/Town YARMOUTH c. Zip Code 02664 d. Latitude 41.66798N e. Longitude 70.18229W f. Map/Plat # 61 g.Parcel/Lot # 53 & 54 2. Applicant: ly Individual � Organization a. First Name JOSEPH J AND MEREDITH S c. Organization d. Mailing Address e. City/Town hI Phone Number 1 ANDREWS WAY ARLINGTON f State i. Fax b.Last Name ►ir/:1 g. Zip Code 02474 j. Email 3.Property Owner: r more than one owner a. First Name JOSEPH J AND MEREDITH S b. Last Name ZONA c. Organization d. Mailing Address 1 ANDREWS WAY e. City/Town ARLINGTON f.State MA g. Zip Code 02474 h. Phone Number i. Fax j.Email 4.Representative: a. First Name c. Organization d. Mailing Address e. City/Town h.Phone Number DANIEL A. b. Last Name DOWN CAPE ENGINEERING, INC. 939 ROUTE 6A YARMOUTHPORT f. State MA 508-3624541 i.Fax 50&362-9880 g. Zip Code 02675 j.Email info@downcape.com Total WPA Fee Paid (Automatically inserted fioni NOI Wetland Fee Transmittal Form): a.Total Fee Paid 750.00 b.State Fee Paid 362.50 c.City/Town Fee Paid 387.50 6.General Project Description: RA7_.E AND REPLACE OF AN EXISTING SINGLE FAMILY STRUCTURE LOCATED ON THE SHORES OF BASS RIVER, STRUCTURE WILL BE MOVED BACK APPROXIMATELY 100' FURTHER FROM THE RIVERFRONT THAN THE EXISTING LOCATION. A NEW TITLE 5 COMPLIANT SEPTIC SYSTEM IS PROPOSED, AND THE EXISTING DRIVEWAY WILL BE REMOVED AND RE -LOCATED, 7a.Project Type: Commercial/Industrial 1.1�` Single Family Home 2. 3. r Limited Project Driveway Crossing 4. 5A Dock/Pier 6. 7. r Coastal Engineering Structure 8. r Residential Subdivision r � Utilities i Agriculture (eg., cranberries, forestry) Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1438270 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 9J Transportation 10. 1 Other 1. 1-' Yes I✓ No If yes, describe which limited project applies to this project: a.County: BARNSTABLE BARNSTABLE b.Certificate: c.Book: 33098 34966 d.Page: 218 296 2.Inland Resource Areas. (See 310 CMR'10,54 ;10 58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area Size of Proposed Alteration Proposed Replacement (if any) b. � Bordering Vegetated Wetland d.�" Bordering Land Subject to Flooding £� Riverfiont Aaea 1. squate feet 2. square feet 1, square feet 3. cubic feet of flood storage lost 1. Name of Waterway (if auy) 2, square feet 4, cubic feet replaced 2. Width of Riverfi-ont Area (check one) � 25 ft, -Designated Densely Developed Areas only 1 100 $. -New agricultural projects only ,Vgoo ft. - All other projects 3. Total area of Riverflont Area on the site of the proposed project / L 5}square feet 1 4. Proposed Alteration of the Riveciiont Area: Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1438270 WPA Form 3 = Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 zs,(s3 Lo/`i�1 11007 7 a. total square feet b. square feet within 100 ft. c. square feet b tween 100 ft. and 200 ft. S. Has an alternatives analysis been done and is it attached to this NOV XYes P' No 6. Was the lot where the activity is proposed created prior to August 1, 1996? XYCSr No d.1' Coastal Beaches 1. square feet 2. cubic yards beach nourishment f. C+% Coastal Banks 67 h.l� Salt Marshes j.1" Land Containing Shellfish 1. linear feet square feet 2. sq ft restoration, rehab, crea. square feet I" Restoration/Replacement ff the project is for dre purpose of restoring or enhancing a wetland resolute 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. Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 = Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a. square feet of BV W Provided by MassDEP: MassDEP File #: eDEP Transaction #:1438270 Citylrown:YARMOUTH b. square feet of Salt Marsh S.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, a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program (NHESP)? a. r Yes P No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.10).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. r Assessor's Map or right-of-way plan of site 3. r Project plans for entire project site, including wetland resource 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 ** a. r Project description (including description of impacts outside of wetland resource area &buffer zone) b. r Photographs representative of the site c. r MESA filing fee (fee information available at: hq •//www mass gov/eea/agenciestdfgldfw/natural-hentaeeheaulatorv- review/mass-endaneered-species-act-mesa/mesa-fee-schedule.html ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. n Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, h!W://www.mass. @ov/eea/agencies/dfg/dfw/laws-regLarinns/cmr/321�mr-1000-massachusetts-endangered- species-act.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 "Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File #: eDEP Transaction #:1438270 CityfTown:YARMOUTH 2. r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3. r" Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. * Some projects not in Estimated Habitat maybe located in Priority Habitat, and require NHESP review... 2. For coastal projects only, is any portion of die 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 P 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 Wn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore -Hull to New Hampsiure: Division of Marine Fisheries - North Shore Office Attu: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MaSSDEP'S Southeast Regional office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.r Yes � No b. ACEC Name Ifprovide name of ACEC (see instnrctions 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 ry No 5. Is any portion of the site subject to a Wetlands Restriction Order under die Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? a. r Yes ry 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 requued by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check i£ 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook r Vol.2, Chapter 3) 2' A portion of the site constitutes redevelopment r 3' Proprietary BMPs are included in the Stormwater Management System r Page 5 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 b. r No, Explain why the project is exempt: Single Family Home Provided by MassDEP: MassDEP File 4: eDEP Transaction 4:1438270 City/Town:YARMOUTH 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 multifamily r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOT). 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 r 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 r [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. r a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: TITLE 5 SITE PLAN DANIEL A OJALA P.E. OF 33 & 39 SETH RLOS4 104 8-2022 LANE 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. r 9. Attach Stormwater Report, if needed. r Page 6 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MasS•DEP Filu #:- Bureau of Resource Protection - Wetlands eDEP Transaction #:1439270 WPA Form 3 - Notice of Intent City/Town:YARMOUTx Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 E. Fees Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Conunonwealdr, federally recognized Indian Uibe 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 WetlandtFee Transmittal Form) to confirm fee payment Check 2. Municipal heck Number 4. Srate,Check Number 3. 5. 6. Payer name on check: First Nome 7. Payer name ou check: Last F. Signatures and Submittal Requirements T hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best, of my knowledge. T understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). T further certify wrderpeualties ofperjury that all abutters were notified of this applicatinn,purwant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the.project location. 3. Signature oYPtopeny Ownur(if diYlcrcnt) C S. Signature of Representative (if any) N1 tZ P' . 03ANo 4 PF (OL5 DCEj V& For Conservation Commission: 2. Date 4. Date 1c��11-1o'LL 6. Date Two copies of the completed Notice of Tntent (Form 3), including supporting plans and documents, two copies of the NOT Wetland Fee Transmital Form, and the city./room teopayment, to the Conservation Commission by certified mail or h:md delivery. For MassllEP: One copy of the completed Notice of latent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, anA a copy of the state fee payment [o the MassDEP Regional Office (see Tnstructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in Section C, items ]-3, above, refer to that section and the Instructions for additional submittal requirements. Tire original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Tntent. Page 7 Df 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1438270 City/Town:YARMOUTH Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name JOSEPH J AND MEREDITH S b.Last Name ZONA c. Organization d. Mailing Address 1 ANDREWS WAY e. City/Town ARLINGTON f. State MA g. Zip Code 02474 h. Phone Number i. Fax j. Email 2Troperty Owner:(if different) a. First Name JOSEPH J AND MEREDITH S b. Last Name ZONA c. Organization d. Mailing Address e. City/Town h. Phone Number 3. Project Location: a. Street Address 1 I• 33 & 39 SETH LANE f.State MA i. Fax Are you exempted from Fee? r` (YOU HAVE SELECTED 'NO') Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA bw City/Town g. Zip Code j.Email 02474 State agencies are only exempt if flee fee is less fllan $100 B. Fees Activity Type Activity Activity Fee RF Multiplier Sub Total Number A.) CONSTRUCTION OF SINGLE FAMILY 1 500.00 RFA MULTIPLIER 750.00 HOUSE; 145 City/Town share of filling fee State share of filing fee Total Project Fee $387.50 $362.50 $750.00 Page 1 of 1 *ELECTRONIC COPY NOTICE OF INTENT #33 & 39 Seth Lane, South Yarmouth PROJECT NARRATIVE The applicant is pleased to submit a Notice of Intent application for the voluntary demolition and replacement of an existing single family residential structure. The existing structure was constructed in 1939 per assessor's records. This site is located in an area of single-family residences and is bordered on the East by Bass River. In addition to the 200' riparian zone bordering Bass River, there is an area of Salt Marsh flagged by Brad Hall of BLH environmental Consulting. Much of the site lies within the 100 year FEMA flood plain AE elevation 12 and 11. Multiple Coastal Banks are located on the subject property, the most landward is a dis-continuous Coastal Bank determined to be located at the FEMA flood zone AE El 11. All resource areas and their associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering Inc. The existing five bedroom dwelling, septic system, patio areas and driveway that are located within the inner riparian zone will all be removed and replaced with vegetation. The proposed dwelling will be four bedrooms and is located along Seth Lane as far as possible from the resource areas as possible given zoning constraints. Hardscape within the inner riparian zone will be reduced by over 4,000 square feet and a net reduction of hardscape within the 0-200' riparian zone of 1420 square feet is proposed. The new septic system will be located greater than 1 00'from the Salt Marsh and the owners are voluntarily adding a NitROE waste -water treatment system component to the septic for additional de -nitrification of effluent. A work limit line of staked silt fence backed by coir logs is proposed downgradient of all proposed work. All work limit lines shall remain in place until all construction is completed. Preconstruction activities will include the installation of erosion control fences as shown on the site plans. No work will take place within Priority/Estimated Habitat of endangered species. Coastal Bank (310 CMR 10.30) A series of tiered Coastal Banks exist on the subject property. The Top of Coastal Bank was delineated using DEP Policy 92-1. The bank's ability to control floodwaters will not be changed by any of the proposed work. Salt Marsh (310 CMR 10.32) The edge of the salt marsh was flagged by Brad Hall of BLH Environmental Consulting and located by Down Cape Engineering. The closest part of the proposed structure will be 51.9' to the edge of the salt marsh. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete, and the site is stabilized. The salt marsh will continue to act fully in its capacity to provide habitat and food sources for wildlife. Land Subject to Coastal Storm Flowage The site is affected by 100 year flood elevations (AE EI. 12) (AE EI. 11) and floodzone X (500 year flood elevation). The proposed dwelling will be located within the AE EI. 11 flood zone and will be designed to comply with current building code standards for structures within the flood zone. The work includes the construction of a flood resistant foundation, with some fill and regrading around the dwelling. The foundation is designed to flood and then drain per code. Coastal areas are not impacted by relatively small fill amounts due to the large scale of coastal flooding events. Riverfront Area (310 CMR 10.58) The entire site lies within the Riverfront Resource Area. The edge of the river, 100 Inner and 200 Outer Riparian Zones are all shown on the site plan. The lot and existing dwelling pre -date the Rivers Act (1996). Section 10.58(5) of the Wetland Protection Bylaw allows redevelopment of a previously developed area, provided the proposed work improves existing conditions. There is a proposed decrease in hardscape of 1420 s.f. within the riparian zone. With a reduction of 4,363 s.f, of hardscape within the inner riparian zone. The proposed work will take place largely within existing developed areas and will have no adverse impacts on the riverfront area. (a) The lot is previously developed and the proposed work will result in an improvement over the existing conditions. (b) Roof drywells are proposed and will decrease the surface runoff. (c) The proposed work is further away from the river than existing structures. All structures will be greater than 100' from the river. (d) Proposed work is located as far as practicable from the river. (e) Existing degraded areas within the inner riparian zone are to be re -vegetated (f) Existing degraded areas within the inner riparian zone are to be re -vegetated (g) 650 sf of Beach Grass mitigation plantings are proposed, development is reducing and moving hardscape away from riverfront area. (h) The restoration planting areas shall be demonstrated to be successful for at least two growing seasons prior to requesting the Certificate of Compliance. Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations: The proposed construction activities will not have a deleterious effect upon any wetland values as listed in the Bylaw. The proposed work will take place largely within existing developed areas and the total hardscape within the 200' riparian zone is being reduced by 1420 s.f. A silt fence will be installed downgradient of any proposed work. Construction Protocol All construction vehicles and machinery will access the areas of proposed construction through the existing driveway. The surveyor will place work limit stakes prior to any work commencing, in accordance with the approved plan. The contractor shall provide a silt fence, backed by coir logs as needed. Demolition will begin on the existing Structure and patio areas. Construction will begin on the proposed Melling and site features. All disturbed areas will be loamed and seeded or replanted with native species. The silt barrier will not be removed until the site is fully stabilized. Alternatives Analysis One alternative would be to leave the property as is. The existing structure is well below the flood zone and not suitable for renovation. The structure could be re -built in a similar location as the existing dwelling. This would place it within a higher flood hazard zone requiring the living space to be elevation 10' or more above the existing grade. For these reasons and the clients desire to greatly improve site conditions in regards to natural riverfront buffers, the proposed house is located as far as possible from Bass River. The client has also decided to utilize an innovative alternative septic technology to provide additional environmental benefits. 10/18/22, 10:30 AM tv browse.pl (7439x8897) !1I1'(C�(�(c� U.S. DEPARTMEM OF THE IHTERI00. yy�,ti DEHNIS QUAO0.AHGLE �VV�V U.S. GfOLOCJCAL SU0.VEY IL ►.. US Topo vA55ACNU{FTTf-WUISTIJI[CWIffY ,.SppID1E fEV[f ��:..'� u":e"' _^:"�.�: mrsErzr�^ �...y.... r 1.,�,, y p.,.,a,. ��wna• DENNIS. MA ..a<e...m mil https://ngmd b.usgs.gov/ht-bin/tv_browse. pl?id=917a74498dfcd 519d 5b479d e3d d cedd f TOWN OF YA MOUTH 1146 Route 28 South Yarmouth MASSACHUSETTS 026644492 Telephone (508) 398-2231, Ext. 1222 - Fax (508) 398-2365 ASSESSORS CERTIFICATION FOR ABUTTERS LIST Date: D l7 Subject Name i Subject Address: L vie Lot # 3 To Whom It May Concern, BOARD OF ASSESSORS DIRECTOR OF ASSESSING Andy Machado This is to certify that the attached list is a complete list of abutters within the required radius of the subject lot. List of direct abutters List within 100' radius Other Please list the date needed by: � � � cl ',� Number of labels Number of hard copies Respectfully, Andy Machado Director of Assessing 70/ 120! OBRIEN KEVIN W 36 KELLEY RD SOUTH YARMOUTH , MA 02664 611 50/ ZONA JOSEPH J ZONANMEREDITH S 1 ANDREWS WAY ARLINGTON , MA 02174-5805 BRITTON LEE JR 24 HIGHLAND AVE SOUTH YARMOUTH , MA 02664 LARSEN JILL C TRS LARSEN CHRISTOPHER S TRS 37 FALMOUTH RD WELLESLEY , MA 02481 ZONA'JOSEPH J ZONA MBREDITH S 1 ANDREWS,WAY ARLINGTON ,\1H4a4 02474 ZONA J0$EPH J ZONA MERIDETH S 1 ANDREW INAY ARLINGTON , MAt02474 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 39 Seth Ln., South Yarmouth, MA 02664 Assessors Map 61, Lot 53 Andy Macizi�ado, Director of Assessing October 19, 2022 .t 61/ 50! ZONA JOSEPH J ,. ZONA MEREDITH S 1 ANDREWS WAY MA 02174-5805 61/ 52/ / ! BRITTON LEE JR 24 HIGHLAND AVE SOUTH YARMOUTH , MA 02664 LARSEN JILL C TRS LARSEN CHRISTOPHER S TRS 37 FALMOUTH RD WELLESLEY , MA 02481 RESHETAR DEBORAH RESHETAR JOHN M 1410 FARR RD READING , PA 19611 PARSONS CAROLYN M ZONA MEREDITH S 23 BREWSTER RD ARLINGTON , MA 02476 P, ZONA JOSEPH J`={ -t - ZONA MEREDITH S 1 ANDREWS'WAY ARLINGTON , MA 02474 ZONA JOSEPHJ ZONA MERIDETH;S 1 ANDREW'`WAY J ARLINGTON , MA 02474 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 33 Seth Ln., South Yarmouth, MA 02664 Assessors Map 61, Lot 54 Andy Machado, Director of Assessing October 19, 2022 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: V The name of the applicant is JOSEPH J AND MEREDITH S ZONA 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 33 & 39 Seth Lane D. Proposed work is: RAZE AND REPLACE OF AN EXISTING SINGLE FAMILY STRUCTURE LOCATED ON THE SHORES OF BASS RIVER. STRUCTURE WILL BE MOVED BACK APPROXIMATELY 100' FURTHER FROM THE RIVERFRONTTHAN THE EXISTING LOCATION. A NEW TITLE 5 COMPLIANT SEPTIC SYSTEM IS PROPOSED, AND THE EXISTING DRIVEWAY WILL BE REMOVED AND RE -LOCATED._ 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 representatives phone number 508-3624541 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) Name DOWN CAPE ENGINEERING, DANIEL A OJALA PE PLS Address 939 MAIN STREET Town YARMOUTHPORT State MA Zip 02675 NOTES ;Telephone 508-3624541 • 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. 10/20/22, 8:52 AM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System 'o-'"e �'ti � 9,. ' , ,��', „'� ., 1 ,,.,., ,., , Receipt Summary/Receipt MassDEP Home � Contact i Privacy Policy .�� � �• �• mod: � �Rec�eipt Forms Signature Payment Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1438270 Date and Time Submitted: 10/20/2022 8:52:40 AM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 33 & 39 SETH LANE General Description: RAZE AND REPLACE OF AN EXISTING SINGLE FAMILY STRUCTURE LOCATED ON THE SHORES OF BASS RIVER. STRUCTURE WILL BE MOVED BACK APPROXIMATELY 100' FURTHER FROM THE RIVERFRONT THAN THE EXISTING LOCATION. A NEW TITLE 5 COMPLIANT SEPTIC SYSTEM IS PROPOSED, AND THE EXISTING DRIVEWAY WILL BE REMOVED AND RE -LOCATED. Applicant Information Name: JOSEPH J AND MEREDITH S ZONA Company Address: 1 ANDREWS WAY, ARLINGTON, MA, 02474 Payment Information Your fee for the state share is $: 362.50 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 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 20-413 Zona Abutters 20-413 Zona NOI Narrative 20-413 Zona Site Plan 10-18-22 20-413 Zona USGS Locus Map Abutter Notification Letter print receipt Exit My eDEP MassDEP Home i Contact � Privacy Policy https://edep.dep.mass.gov/eDEPlPages/PrintReceipt.aspx 1/2 10/20l22, 8:52 AM eDEP - MassDEP's OnlineFiling System MassDEP's Online Filing System ver.16.2.0.0© 2022 MassDEP https://edep.dep.mass.gov/eDEP/Pages/PrintReceipt.aspx 2/2 DEPARTMENT OF CONSERVATION �Fen�tcr� � uruxtiarid If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: 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). Authorized Signatu Please Print Name: If other than owner, please state whether tenant, agent, or other: Mailing Address: Email: j��;� r-� .2c-� n�, ��cr,r,�•��1- n�-� Tax: Yarmouth Conservation Conunission • 1146 Route 28 •South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-083b • TTD# (508) 398-2231