HomeMy WebLinkAboutNOIShorefront .-
Consultin
www. shorefrontconsulting. com
shorefrontconsulting@gmail. com
Shorefront Consulting
Professional Services on Land or At Sea
290 Centq St., Dennis Port, MA 02639
s08-280-8046
Yarmouth Conservation Commission February 22,2024
Attn: Brittany DiRienzo
1146 Route 28
South Yarmouth, MA 02664-4492
By hand delivery and email
Re: Notice of Intent Application Filins Packase:
Proposed Seasonal Dock
Matthew and Sarah Fitzsimmons
14 Roads End
South Yarmouth, MA 02664
Map 69, Parcel43
On behalf of my clients, Matthew and Sarah Fitzsimmons, I am submitting 1 copy of the completed Notice of
Intent application filing package, plus (1) full size (24"x36") original plus 6 copies of the project plan, and
three original checks for the municipal filing for the above referenced project. Electronic copies of all
documents will be emailed to the conservation office. The following items are enclosed:
. Notice of Intent Application and NOI Fee Transmittal Form
' Signed Administrative Checklist. Performance Standards Na:rative, Alternatives Analysis, and Construction Protocol. Photographs ofthe site. Yarmouth USGS Map, Assessor Map 69, and Flood Map, identifl,ing locus. Copy of Check #2268 for $130.50 made payable to the Commonwealth of Mass. for state share of
DEP fee, (was sent directly to lockbox). Check #2269 for $155.50 check made payable to the Town of Yarmouth for town share of DEP fee. Check #2270 for $188.00 for the Town of Yarmouth By-Law fee (Category 1, site work $100; and
Category 5, dock, 44' x$2/FT.), Check #4029 for $10.00 check made payable to the Town of Yarmouth for advertising fee. Affidavit of Service, Abutter Notification Letter and Abutter List. "Plan Showing Proposed Bulkhead Reconstruction and Dredging", by Shorefront Consulting, dated
7129/23 (1 sheet).. Certified mail receipts will be emailed with the electronic application package. Copy of the EDEP submittal confirmation will be emailed with electronic application package
Please schedule this filing for your March 7,2024 public hearing. If there are any questions or concerns
regarding this filing, please contact me as soon as possible.
Sincerely,
f\
Yiaf
Mark Burgess
Shorefront Consulting
Enclosures: As Stated
cc: Mass. DEP/SERO - Wetlands (by EDEP)
Matthew and Sarah Fitzsimmons (Applicants)
Yarmouth Waterways and Shellfish Committee (by hand delivery and email)
A.General Information
1. Project Location:
a. Street Address
b. Crty/Iown
d. Latitude
f. Map/Plat #
2. Applicant:
jT lndividuat - Organization
a. FirstName
c. Organization
d. Mailing Address
e. City/Town
h. PhoneNurnber
14ROADS END
YARMOUIH
41.67057N
69
c. Zip Code
e. Longitude
g.Parcelll,ot#
b.LastName FITZSIMMONS
MA g.ZipCode
j.Email
hovided by MassDEP:
MassDEP File #:
eDEP Transacti on #:167 9 564
CitylTown:YARMOUTII
02664
70.19641W
+a
02664
matt@fl tzsimmonslaw-of [ce. com
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
MATHEWAI{DSARAH
14ROADS END
YARMOUIH f. State
508-685-9892 i. Fa,r
3.Property Owner:
i more than one owner
a. FirstName MATIIEWANDSARAH b.LastName FITZSIMMONS
c. Organization
d. MailingAddress 14 ROADS END
e. city/Town YARMOUTH f.State MA g.Zip Code 02664
h. Phone Number 508-685-9892 i. Fax j.Email matt@fizsimmonslaw-office.com
4.Representative:
a. FirstName MARK b. LastName BLTRGESS
c. Organization SHOREFRONT CONSULTING
d. Mailing Address 290 CENTER STREET
e. city/Town DENNIS PORT fl State MA g.ZipCode 02639
h.Phone Number 150-828-0804 i.Fax j.Email shorefrontconsulting@gmail.corn
5.Total WPA Fee Paid (Automatically inserted fromNOI Wedand Fee Transmittal Form):
a.Total Fee Paid 286.00 b.State Fee Paid 130.50 c.CitylTown Fee Paid 155.50
6.General Proj ect Description:
PROPOSED SEASONAL DOCK ON LONG POND.
Ta.Project Type:
1 . t- Single Family Home
3. l- Limited Project Driveway Crossing
5. ]7 Dock/Pier
7.i Coastal Engineering Structure
9. f* Transportation
7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310
CMR 10.53 (inland)?
2. ; Residential Subdivision
4. I Commercial,{lndustial
6. .Utilities
8. I Agriculture (eg., cranberries, foresfiy)
10. ;'Other
Page I of7 * 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.Certificate:c,Book:
31743
Provided by MassDEP:
MassDEPFile#:
eDEP Transacti on #:167 9 564
City/Iown:YARMOUTH
d.Page:
238
1. 'Yes :7 No
2. Limited Project
If yes, describe which limited project applies to this project:
8.Property recorded at the Regis@ of Deeds for:
a.County:
BARNSTABLE
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
i' This is a Buffer Zone only project - Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,
Inland Bank, or Coastal Resource Area.
2.lnland Resource Areas: (See 310 CMR 10.54 - 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a.l7 Bank
b.F Bordering Vegetated Wetland
c.17 Land under Waterbodies and Waterways
d. [- Bordering Land Subject to Flooding
4
l. linearfeet
4
L square feet
tt6
l. Square feet
3. cubic yards dredged
L square feet
2. linear feet
2. square feet
2. square feet
9- Yesl- No
Page2 of7 * ELECTRONIC COPY
e.l* Isolated Land Subject to Flooding
f 1'- fuverfront Area
2. Width of Riverfront Area (check one)
3. Total area of Riverfront Area on the site of the proposed project
4. Proposed Alteration of the Riverfront Area:
a. total square feet b. square feet within 100 ft. c. square feet between I 00 ft.
and 200 ft.
5. Has an altematives analysis been done and is it attached to this NOI?
2. square feet
3. cubic feet offlood storage lost 4. cubic feetreplaced
l. square feet
2. cubic feet offlood storage lost 3. cubic feet replaced
L Name of Waterway (if any)
f 25 ft. - Desigrated Densely Developed Areas only
f 100 ft. - New agricultural projects only
T 200 ft. - All other projects
square feet
6. Was the lot where the activity is proposed created prior to August 1, 1996?
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Resource Area
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 Transacti ut #:l 67 9 5 64
CiflTown:YARMOUTTI
l- Yes t- No
Size ofProposed Alteration Proposed Replacement (ifany)
a.l- Desipated Port Areas
b.l- Land Under the Ocean
c. i- Barrier Beaches
d. J- Coastal Beaches
e.L- Coastal Drures
f i- Coastal Banks
g.- Rocky Intertidal Shores
lr- l- Salt Marshes
i1- Land Under Salt Ponds
j. f- I^and Containing Shellfish
k.J- FishRuns
Indicate size under
1. square feet
2. cubic yards dredged
tamd under the ocean below,
Indicate size under Coastal Beaches and/or Coatstal Dunes, below
L square feet
1. square feet
1. Linear feet
1. square feet
1. square feet
1. square feet
2. cubic yards beach nourishment
2. cubic yards dune nourishment
2. sq ft restoration, rehab, crea-
2. cubic yards dredged
1. square feet
Indicate size under Coastal BanIG, Intand Bantq Land Under the Oceaq and/or inland Land
Under Waterbodies and Waterways, above
1. cubic yards dredged
Lr Land Subject to Coastal
StormFlowage 1. square feet
4.Restoration /Enhancement
- Restoration /Replacement
Ifthe project is for the purpose ofrestoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVIV
S.hojects Involves Stream Crossings
l- Project Involves Steams Crossings
b. square feet of Salt Marsh
Ifthe project involves Steam Crossings, please enter the mrmber ofnew steam crossings/number ofreplacement steam crossings.
Page3 ofl * 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:
MassDEPFile#:
eDEP Transacti on #:167 9 564
CitylTown:YARMOUTII
a. number ofnew sfoearn crossings b. nwnber of replacement steam crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species AcUWetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare WildMe as indicated on the most recent
Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
OTHESP)?
a. i- Yes j-*r No
If yes, include proof of mailhg 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 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
l.i- Percentagelacreage ofpropefiy to be altered:
percentage/acreage
percentage/acreage
2., ' Assessor's Map or right-of-way plan of site
3.] -Projectplansforentireprojectsite,includingwetlandresourceareasandareasoutsideofwetlandjurisdicfion,showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a. I -' Project description (including description ofimpacts outside ofwetland resource area & bufler zone)
b.F Photographs representative ofthe site
c.l- MESA filing fee (fee ffirmation available at:
)
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NIIESP at above address
Projects ahering 10 or more acres of land, also submit:
d. i'- Vegetation cover [pe map of site
e.I'" Project plans showing Priority & Estimated Habitat boundanes
d. OR Check One of the following
f . i" Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
cMR 10.14,
species-act.html#10.14; the NOI must still be sent to NI{ESP if the project is within estimated habitat pursuant to 310 CMR
10.37 and 10.59.)
2.i- Separate MESA review ongoing.
a. NHESP Tracking Number
b. Date subrnitted to NHESP
3.I"' Separate MESA review completed.
lnclude copy of NHESP "no Take" determination or valid Conservation & Management Permit witlr approved plan.
Page4 of7 * ELECTRONIC COPY
(a) within Wetland Resource Area
(b) outside Resource Area
* Some projects not in Estimated Habitat may be located in Priority Habi.ad- and require NHESP review...
2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a.F Not applicable - project is in inland resource area only
b. - Yes f- No
If yes, include proof of mailing or hand deiivery of NOI to either:
South Shore - Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Athr: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, M402744
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 Transacti ot #:167 9 5 64
CitylTown:YARMOUTH
North Shore - Hull to New Hampshire:
Division ofMarine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 EmersonAvenue
Gloucester, MA 01930
4
5
If yes, it may require a Chapter 91 license. For coastal tovins in the Northeast Region, please contact MassDEP's Boston Ofrce.
For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional ofEce.
3. Is any portion ofthe proposed project within an Area of Critical Environmental Concem (ACEC)?
a. i- Yes i7 No If yes, provide name of ACEC (see instuctions to WPA
Form 3 or DEP Website for ACEC locations). Note:
electonic filers click on Website.
b. ACEC Name
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. i- Yes l7 No
Is any portion of the site subject to a Wetlalds Resfiction 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. j- Yes ,7 No
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(6xk)-(q) and check if:
1. Applying for: Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook
I- Vo1.2, Chapter 3)
):: A portion of the site constitutes redevelopment
", Proprietary BMPs are included in the Stormwater Management System
)
b.;7 No, Explain why the project is exempt:
1-' Sinele Familv Homelv
a'- Emergency Road Repair
)
3. Small Residential Subdivision (1ess tlan or equal to 4 single-family houses or less than or equal to 4 units in multi-family
Page 5 of7 * 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, $40
l- housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must inctude the following with this Notice of krtent (NOt). See instuctions for details.
Online Users: Attach the document transaction nurnber (provided on your recerp page) for any of the following information you
strbmit to the Deparment by regular mail delivery.
1. USGS or other map ofthe area (along with a narrative description, if necessary) conaining sufficient ffirmation for the
17 Conservation Commission and the Deparhnent to locate the site. @lectonic filers may omit this item.)
2. Plans identiffing the location ofproposed activities (including activities proposed to serve as a Bordering Vegetated Wetland
17 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area-
3. Identi$r the method for BWV and other resource area boundary delineations (MassDEP BWV Field Data Form(s).
17 Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.
4. List the titles and dates for dl plans and other materials submitted with this NOI.
v
b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
SHOREFRONT -aftdr c DANTELoJALA,P.E.,PLS et15/23 7u40',
If there is more than one propefiy owner, please attach a list ofthese property owners not listed on this form.
Attach proof of mailing for Nahrral Heritage and Endangered Species Program, if needed.
Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
Attach NOI Wetland Fee Transmittal Form.
Attach Stormwater Report, if needed.
Provided by MassDEP:
MassDEP File #:
eDEP Transacti on #:167 9 5 64
City/Town:YARMOUTII
a. Plan fitle:
PLAN SHOWING
PROPOSED
SEASONALDOCK
5.r
6.r
7.r
8.
v
9.r
Page 6 of7 * ELECTRONIC COPY
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachuseffs Wetlands Protection Act M.G.L. c. 131, $40
Provided by MassDEP:
MassDEP File#:
eDEP Transacnon #:l 67 9 5 64
City/Town:YARMOUTH
E. Fees
I
Fee Exempt: No filing fee shall be assessed for projects ofany ciry, town, county, or district ofthe Commonwealth, federally recognized Indian
tribe housing authority, rnuuicipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants n.rust submit the following infomration (in addition to pages I and 2 of the NOI Wetland Fee Transmittal Fom.r) to confinn f'ee payment:
,lOZ7
2 Municipal Check Nun:bcr
'l ose
4 State Chcck Nunlbcr
6 Payer name on check: First Name 7 Payer name on check: Last Name
3 Chcck clatc
F. Signatures and Submittal Requirements
I hcrcby ccrtify undcr thc pcnaltics of pcrjury that thc forcgoing Notice of Intent and accompanying plans, documents, and supporting data arc tnrc
and complete to the best of my knowledge I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at thc cxpense of thc applicant in accordance with the wetlands rcgulations, 3 10 CMR I 0.05(5)(a).
I furthcr cerlifo under penalties ofperjury that all abuttcrs wcrc notiflcd ofthis application, pursuant to thc rcquircnrcnts ofM G L. c 131, $ 40
or in rvriting by hand delivery or celtified mail (retum receipt requested) to all abutters rvithin I 00 feet
of the property
2lt+|z,r'1
rFi sfr14*s
z/ tqlr,t
For Conservation Commission :
Two copies of the completed Notice of Intent (Form 3), inclLrding supporring plans and documents, two copies of lhe NOI Wetland Fee Transmittal
Fom, and the cityltown fee payment, to the Conservation Commission by certificd mail or hand dclivery.
For MassDEP:
Onc copy ofthc complctcd Noticc oflntcnt (Fonn 3), including supporting plans and docurlcnts, onc copy ofthc NOI Wctland Fcc Transnrittal Fornr,
and a copy olthe state fee payment to the MassDEP Regional Office (see Instnrctions) by certified maiI or hand delivery.
Other:
Ifthe applicant has checked the "yes" box iu Section C, Items 1-3, above, refer to that section and the lnstructions for additional subrnittal
requrrements.
Thcoriginal andcopicsmustbcsentsintultaneously Fai)urcbythcapplicanttoscndcopiesinatimelymannermayresultindisrnissalofthe
Notice of Intent.
l. Signature
Page7 of7 * ELECTRONIC COPY
Notice must be made
6. Datc
A. Applicant Information
1. Applicant:
a. FirstName
c. Organization
d. MailingAddress 14 ROADS END
e. City/Town YARMOUIH f. Sate MA
h. PhoneNumber 5086859892 i. Fax
2.Property Owner:(if ditrelen|
a. FirstName MATIIEWAND SARAH b. LastName
c. Organization
d. MailingAddress 14 ROADS END
e. CityiTown YARMOUTH f.State MA
h. PhoneNumber 5086859892 i. Fax
3. Project Location:
a. StreetAddress 14 ROADS END
Are you exempted from Fee? i (YOU HAVE SELECTED NO)
Note: Fee will be exempted ifyou are one of the following:
o City/Town/County/District
o MunicipalHousingAuttrority
o Indian Tribe Housing Authority
. MBTA
State agencies are only exempt ifthe fee is less than $ 100
B. Fees
MATHEWANDSARAH b.LastName FITZSIMMONS
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:1 67 9 564
CitylTown:YARMOUTII
g. Zip Code 02664
j.Email malt@fitzsi11tltons-1aw-office.com
FITZSIMMONS
g.Zip Code 02664
j.Email matt@flzsimmons-1aw-ofEce.com
b. City/Iown YARMOUIH
Activity Type
A.) WORK oN SINGLE FAMILY LOT; ADDITIoN,
POOL, ETC.;
A.) WORK ON DOCKS, PIERS, REVETMENTS,
DTKES, ETC. (COASTAT OR INLAND).
*:ffiy. AcivityFee
I 110.00
RF Multiplier Sub Total
110.00
176.00
State share offlling fee Total Project Fee
$130.s0 $286.00
400
City/Tovm share offilling fee
$15s.s0
Page I ofl * ELECTRONIC COPY
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
CONSERVATION
OFFICE
(Mminia txattue Aftufrlia t
f',-fzrr\s"\,- Af OfiCe A{ Jntmt
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 lncomplete Application and will not be advertised for a Public Hearing. Refer to
the meetinq schedule. Contact the Conservation Office if you need assistance.
Does the property have any outstanding/expired Orders of Conditions? lf 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 complete NOI aoplication WPA form 3 with original signatures. Typed signatures will not be accepted.
etailed 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 Requlations, delineation sheets (if BVW or vegetated wetlands are
present) 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 10.00 and abutter notiflcation 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.
.Certifled Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing.
\ ck made p
roperty's ss on che
the fee (r rm) shall b ntal Protection
1 original and 6 copies of the plan, folded separately, right side out with title and project address visible.
All plans shall reference NAVD1988 unless othenruise noted. See olan requirements
armouth'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"
Box 4062
Boston, MA 02211
Yarmouth Conservation Commission . 1146 Route 28 South Yarmouth, MA02664'4492
Tel. (s08)-398 -2237 Ext. 1288
Rev 72/2023 Page 7 of 2
ittal and Digital filing
u are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your
application.
lf notfiling via eDEP, a PDF of yourapplication, plan, and all othersupporting information must be sent
VlAEMAlLthesamedaytoDEP,SoutheastRegionat@withthesubjectlinein
the email per DEP's request listed as 'YARMOUTH - NOI - Street Address - Applicant Name" and
copiedto@'Wemustreceiveacopyofthisemailwiththeapplicationas
proof that it has been submitted to DEP.
lnitial 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 Requlations, page 17. Without proper staking your project may be
deemed incomplete and be continued to the next hearing date.
lf Applicable
.Certifled Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program
.Certified Mail Receipt for Massachusetts Division of Marine Fisheries. lf filing via email, CC
bdirienzo@varmouth.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 lntent, plans and
supplemental information to the Town of Yarmouth Watenruays/Shellfish Gommittee via the Natural
Resources office by certifled mail or hand delivery. The applicant or his/her representative must provide
the Conservation office with 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? lf so, you must file with ZBA after conservation
permitting is completed.
o lf 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.varmouth.ma.us/LF
Yarmouth Conservation Commission . 1146 Route 28 South Yarmouth, MA02664-4492
Te l. (508)-398 -2237 Ext. t288
Rev L212023 Page 2 of 2
Notice of Intent Fitzsimmons, 14 Roads End, South Yarmouth, MA
Performance Standards Narrative, Alternatives Analysis, and Construction Protocol
Property Description
The property is located on Long Pond; a great pond. The project site is an established property with an existing
dwelling constructed in 1953 (assessors records). The waterfront area is along the entire frontage, but there is one
area to access the beach. There was a dock installed without a permit by the previous owner which has since been
removed. Therefore, no new disturbance is required to set or maintain the dock. The site has a formal inland bank.
The BVW runs along the frontage. The pond water level was measured by a field survey performed by Down
Cape Engineering in February 2023, and observed to be at 7' NAVD8S at the time of the measurements. The
Yarmouth Natural Resources Deparhnent was consulted for the Ordinary High Water (OHW) level and indicated
that it was at elevation 6.9' (NGVD), with the historical high water (HlfW) level at 8.1 feet (NGVD). These
elevations translate to an OIIW of 6' (NAVD88) and HIIW at 7.2' (NAVD88). There were no adjacent docks
present at the time of the measurements. It is approximately 350 feet across the pond to the opposite shoreline, at
a peninsula.
Project Description
1) The dock is a seasonal dock that is currently owned by the properly owner. The dock does not require
new construction; only leveling for the initial installation. The property owner will likely accomplish this
themselves. This Notice of Intent filing addresses proposed work in the resources areas consisting of
BVW and Land Under a Great Pond. (2) 4'x10' sections and (2) 4'xl2' sections are necessary to gain
access to 2.4 feet of water at OHW. The new installation will be 4 feet wide, 44 feet long, and extend
straight out from the shoreline. No outer "tee" is proposed. The dock will extend landward over the beach
to meet the existing grade as before, with lateral public access steps on both side of the dock for lateral
public access as required by DEP Waterways.
2) Another aspect of the proposed work is to reconstruct the existing deck, handrail, stairs and lower landing
connected to the house. The reconstruction will be in the same footprint as the existing without any
expansion. This area of work is outside the 50' but within the 100' buffer zone.
3) There are three steps that lead to the beach and are also proposed to be reconstructed in place using granite
steps.
4) There is a lot of invasive Poison Ivy proposed for removal along the waterfront. The applicant proposes
to use Goats from Goat Green Cape Cod to remove the ivy. This method will preserve the existing native
vegetation. Because there is invasive vegetation propose for removal, no replacement vegetation is
proposed. It is hoped that removing the invasive vegetation will allow more native vegetation to grow in
the same location.
Bylaw Conformance
The dock as currently designed meets the new fresh water regulations for the town of Yarmouth Wetlands Bylaw.
The total square footage is 176 square feet, and the square footage beyond OHW is 1 16 square feet, meeting the
squaxe footage requirement ofthe bylaw. The dock extends 29 feetbeyond OHW, where 30 feet is allowed. There
is approximately 2.4 feet of available water depth at this point. Therefore, the dock meets all of the dimensional
requirements.
Performance Standards
The seasonal dock sections are existing and do not require any construction, can be put into place, leveled and
secured. The seasonal installation and removal is the only remaining ongoing work. The deck work for the house
is outside of the 50-foot buffer, and no expansion is proposed. The invasive ivy removal will benefit the resource
area. The steps are a replacement of existing steps in the same location. The proposed work will be located in or
near several resource areas. The areas potentially affected by the work include work within the 100-foot buffer
zone, BVW, and Land Under a Waterbody (Great Pond). Each resource area is addressed below separately. The
proposed structures will not have any significant adverse effects to the surrounding resource areas.
Page 1 of3
Notice of Intent Fitzsimmons, 14 Roads End, South Yarmouth, MA
Section 1.09 (4) C 3 of the bylaw states that "Piers shall be elevated a minimum of two (2) feet over the existing
grade of the BW, beach and/or the water surface (as determined by the seasonal highwater) as measuredfrom
the bottom surface of the decking. " The dock starts at the top of the inland bank, about 16 feet landward of the
OHW to meet the existing grade. The decking reaches 2' above the beach at the outer limit of the beach, with the
remaining sections well above 2 feet above the grade, in accordance with the bylaws. While there is BVW on
both sides of the dock, no BVW exists under the dock or the beach area.
BorderingVegetatedWetland-(310 CMR 10.55), andYarmouthWetlandProtectionRegulations,Part3,Section
3.02:
The proposed dock will not destroy or otherwise impair any portion of the BVW. The area of BVW exists on both
sides of the dock and varies in width from about 4-6 feet along the shoreline, as delineated on the plan. In the area
of the steps, there is very little vegetation, likely do to historical foot traffic from the existing steps. The seasonal
installation and removal of the dock will be by hand, and will not alter or destroy the surrounding BVW area.
Therefore, no loss of BVW is anticipated. Therefore, the existing structures meet the performance standards of
this section and can be permitted within the regulations.
Land Under Waterbody (Great Pond) - (310 CMR 10.56), and Yarmouth Wetland Protection Regulations, Part
3, Section 3.03:
The proposed dock will not impair the water carrying capacity, ground or surface water quality, breeding habitat,
escape cover and food for fisheries, and the capacity of the land to provide important wildlife habitat functions.
The dock is seasonal as required by the regulations, and can be removed at the end ofthe boating season. The
dock sections will be stored out of the water and upland of the BVW, such as on the patio. The dock rests on the
pond bottom, with no permanent anchoring, and will not alter or have any peflnanent impacts to the pond bottom.
Therefore, the project meets the performance standards of this section and can be permitted within the regulations.
Alternatives Analysis :
A few alternatives were discussed in the development of this project. All accomplished the goal of gaining safe
access to the pond, and none of the alternatives presented negative impacts to the surrounding resource areas.
The alternatives discussed merely provide the commission with the information provided to reach the proposed
project scope.
Alternative 1: Do Nothing - This alternative is never the preferred alternative. If nothing was done, the existing
access steps would be used. Although access by foot to the pond is allowed and would likely continue, any
boats launched would be dragged across the beach and BVW, further restricting its growth. Therefore, this is
not the preferred option.
Alternative 2: Change the location of the dock along the shoreline. This option is not considered because the
dock pre-existed (without a permit by the previous owner) in the proposed location. Any other location would
likely cover BVW, and would negatively impact that resource area.
Alternative 3: Project as proposed - This allows the dock to be the minimum length needed to reach the
required water level depth, provide the required lateral public access with steps, and utilizes an existing access
to the pond. This location offers the best use with the least amount of additional disturbance, and meets all of
the current bylaws. Therefore, this option is the best option.
Page2 of3
Notice of Intent Fitzsimmons, 14 Roads End, South Yarmouth, MA
CONSTRUCTION PROTOCOL
The work can be performed with simple hand tools in less than a day. Initially, the dock sections can be assembled
in the lawn area, and then carried to the water for adjustment and leveling. The staging area for materials will be
on the applicant's property, in the driveway or the back yard, and upland of the existing BVW. All equipment
shall be stored either on the applicant's driveway or lawn when not in use.
For the deck replacement, all work will be on the pond side of the house, within the 100 foot buffer zone. The old
decking, handrails, stairs and lower landing shall be removed and disposed of off site, with any stock piled
materials stored as close to the house as possible. Since the work is above ground, so siltation is expected and no
siltation control is proposed.
Pre-Construction Meeting
Prior to construction, a pre-construction meeting shall be held on-site with the Contractor (if any), Proper[y
Owner, and Conservation Commission agent. The purpose ofthe meeting is to clearly delineate the limits ofwork
and access, as well as the staging areaz and ensure that the contractor is fully aware of the regulations regarding
the conservation permit. The Contractor (or homeowner) will describe the proposed means and methods for
performing the work within the requirements of the plans, order of conditions and construction protocol.
To be discussed at this meeting:o Existing property conditions, necessary precautions to be taken by the Contractor;
o Means and methods for construction;o Necessarypost-constructionreparations andconditions;
During Construction, the site shall be accessible for inspection during reasonable hours by all parties, members
of the conservation commission and their agents, and the Project Manger.
Restoration of project area
Upon completion of construction, the lawn, driveway, staging areas and any other areas disturbed by the
construction or installation effort shall be returned as much as practical to their pre-construction conditions to the
satisfaction ofthe property owner and conservation agent. Any disturbed vegetated areas shall be re-vegetated
with similar natural vegetation to match pre-construction conditions for the surrounding areas, or as determined
during the pre-construction meeting.
Page 3 of3
i2KFA{Ll=,)HCY
che BTBERRoeSatSAhowingkayakrackExistingbackyardshowingdecktobereconstructed
Cage er PU RN <aExistingdockremovedperviolation(previous owner);Existing steps to beach to be reconstructed
to be replaced with straight out sections only)
Matthew and Sarah Fitzsimmons,14 Roads End,S.Yarmouth;Map 69,Parcel 43 (pictures taken 9/9/22)
Fitzsimmons USGS Map
USGS Topographic Maps
2021 Aerial Imagery
Property Tax Parcels
February 15,2024 11.128
0 37.5 75 150 ftC1]Parcel Boundaries fit q a002020m
Ta13 317 E2318 TATAN DUNE TA 3%D0Vaed
National Flood Hazard Layer FIRMette :Legend
70°12'6"W 41°40'29"N_SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
Without Base Flood Elevation {BFE)
Zone A,V,A99
SPECIAL FLOOD With BFE or Depth zone AE.50,AH,VE,AR
HAZARD AREAS Regulatory Floodway
0.2%Annual Chance Flood Hazard,Are
of 1%annual chance flood with averag:
depth less than one foot or with drainag
areas of less than one square mile
x Future Conditions 1%AnnualChanceFloodHazardz
Area with Reduced Flood Risk due to
OTHER AREAS OF
4
Levee.See Notes.X
FLOOD HAZARD r ~~Area with Flood Risk due to Levee z
NO SCREEN Area of Minimal Flood Hazard Zone x[1]Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zor
GENERAL|=—==Channel,Culvert,or Storm Sewer
STRUCTURES [1111111 Levee,Dike,or Floodwall
(8)20.2 (Cross Sections with 1%Annual Chance
Water Surface Elevation
Coastal Transect
Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
Coastal Transect Baseline
OTHER Profile Baseline
FEATURES Hydrographic Feature
Digital Data Available N
No Digital Data Available |
MAP PANELS Unmapped
|
The pin displayed on the map is an approximat
point selected by the user and does not repres:
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA.This map
was exported on 2 M and does not
reflect changes or ‘amendments subsequent to this date and
time.The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear:basemap imagery,flood zone labels,
legend,scale bar,map creation date,community identifiers,
--a FIRM panel number,and FIRM effective date.Map images forva0")Feet FR 6,000 70°L12F°W 41°02°N unmapped and unmodernized areas cannot be used for
2.000 regulatory purposes.
Shorefront ,-
Shorefront Consulting
Professional Services on Land or At Sea
290 Center St., Dennis Port, MA 02639
508-280-8046
February 22,2024
AF'X'IDAVIT Of,' SERVICE
Massachusetts Wetlands Protection Act
M.G.L., CH 131, Sec.40
I, Mark Burgess, of Shorefront Consulting, hereby certifi under the pains and penalties of perjury
that on February 22,2024,I sent notification to abutters, in compliance with the second parugraph
of Massachusetts General Laws, Chapter 131, Section 40, and the Department of Environmental
Protections' Guide to Abutter Notification, dated, April 8, 1994, in connection with the following
matter:
A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth
Wetlands Protection By-Iaw, by Mauhew and Sarah Fitzsimmons with the Yarmouth Conservation
Commission on February 22,2024 for the property located at 14 Roads End, Map 69, Parcel43 in
South Yarmouth, MA. The project is for a seasonal dock in Long Pond.
The form of notification and a list of the abutters to whom the notice was given and their addresses
are attached to this Affidavit of Service.
Sincerely,
Mark Burgess
Shorefront Consulting
Enclosures: As Stated
cc: YarmouthConservationCommission
Matthew and Sarah Fitzsimmons (Applicants)
www. shorefrontconsulting. com
shorefrontconsulting@gmail. com
Shorefront -Shorefront Consulting
Professional Services on Land or At Sea
290 Centq St., Dennis Port, MA 02639 ww.shorefrontconsulting.com
s08-280-8046 shorefrontconsulting @gmail. com
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETTANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY.LAW, CHAPTER 143
ln accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,
you are hereby notified of the following:
A. The name of the applicant is Matthew and Sarah Fitzsimmons
B. The applicant has filed a Notice of lntent with the Yarmouth Conseruation Commission, seeking
permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection
Act (MGL c. 131s.40 & Town of Yarmouth Wetland By-Law, Chapter 143).
C. The address of the lot where the activity is proposed is L4 Roads End
D. Proposed work is for a seasonal dock in Long Pond.
E. Copies of the Notice of lntent 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) 398-223L ext. 1288.
F. Copies of the Notice of lntent may be obtained from either the applicant or applicant's representative.
Applicant's phone number
Or Applicant's representatives phone number 508-280-8046
G. lnformation regarding the date, time and place of the public hearing may be obtained by calling the
Yarmouth Conservation Commission office at (508) 398-2231ext. 1288
H. Person sending this notification (applicant, representative or other)
Name
Address 290 Center Street
Town Dennis Port State MA Zip
Telephone 508-280-8046
NOTES:
o MeetinB will be held both in person and by remote means; contact the town for login
information.
. Notice of the public hearing, including date, time and place will be published at least five (5) days
in advance in the Register.
o 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.
o You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
69/ 411 I I
RG FOREST RLTY TRUST
2 ROADS END
SOUTH YARMOUTH , MA 02664
69/ 421 I I
! OCONNORLEEANNTR
OCONNOR THOMAS M TR
2 JEFFERY RD
HOPEWELL JUNCTION , NY 12533
69/ 43t I I
FITZSIMMONS MATTHEW P
FITZSIMMONS SARAH S
14 ROADS END
SOUTH YARMOUTH , MA 02664
69/ 48t I I
DUMICAN BARRY L
DUMICAN CATHERINE M
370 LONG POND DR
SOUTH YARMOUTH, MA 02664
69/4t tt
GABRIELS JEFFREY K
GABRIELS JO ANNE TAYLOR
299 ELLIOT RD
EAST GREENBUSH , NY 12061
69/ 47t I I
GIANAKIS AARON
GIANAKIS JENNIFER
376 LONG POND DR
SOUTH YARMOUTH , MA 02664
69/ 46t I I
WISNIEWSKI ASHLEE
CORTIERIC
5 CAUSEWAY ST
HUDSON , MA 01749
69/ 45t I I
MAMMATO MERLE
MAMMATO BEVERLY
384 LONG POND DR
SOUTH YARMOUTH , MA 02664
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
14 Roads End, South Yarmouth, MA 02664