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HomeMy WebLinkAbout71 Smith Point Rd Applicationof Y`�R,� $ r adm&btuwm r t a CONSERVATION 0 - OFFICE MAT CH ESE�� ORdGeeiLO `� �� � Yma/ 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. Su&149�jg Hardcopy filing dropped off or mailed to the Conservation Office including: V 1 RDA Administrative Checklist V' 1 complete RDA application WPA form 1 with original signatures (double sided). Detailed narrative of the project with sufficient information to enable the Commission to determine whether the proposed work will alter an area subject to protection.C5,pp, R ►l A If BVW or vegetated wetlands are present, delineation sheet(s), coastal bank calculation and other relevant material if applicable (not applicable for flood zone only projects). VYarmouth Assessor's locator map highlighting parcel(s) where work is proposed, including map and parcel numbers V/ 1 current abutters list identifying the property owners who are to be notified and abutter notification form. All abutters to be notified via certified mail, Certified Mail Receipts (PS Form 3800) must be provided. 1 original and 6 photocopies of the plan/sketch, folded separately, right side out with title and address visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed and existing conditions, native species, quantity, size and spacing. 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. Digital and DEP filing A pdf of the entire application emailed to bdirienzo(aD-yarmouth.ma.us and fkelley cD-yarmouth.ma.us and DEP Southeast Region at SERO NOI(a)-mass.gov in the same email. Subject line shall be "YARMOUTH - RDA — Street Address - Applicant Name" Please list project property's street address in the pdf file name. Initial below 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. If the applicant is NOT the property owner: Please submit a signed Site Access Authorization Form; AND The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this office. Please submit a copy of the Certified Mail receipt with application. 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(a)yarmouth.ma.us and fkelley@yarmouth.ma.us 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@yarTnouth.ma.us Rev. 03/2024 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information Important: 1. Applicant: When filling out forms on the Christian Nolen computer, use only First Name Last Name the tab key to move 71 Appleton Street your cursor - do not use the return key. tab t return �'�' Address Cambridge City/Town 857-212-9664 Phone Number 2. Property Owner (if different from Applicant): First Name MA 02138 State Zip Code christian @ nolendenny.com Email Address Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3. Representative (if any) First Name Last Name Company Name Address City/Town State Zip Code Phone Number Email Address (if known) B. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 71 Smiths Point Road West Yarmouth Street Address City/Town How to find Latitude 41.62511 -70.26782 and Longitude Latitude (Decimal Degrees Format with 5 digits after decimal Longitude (Decimal Degrees Format with 5 digits after e.g. XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert 5 005.12 to decimal degrees Assessors' Map Number Assessors' Lot/Parcel Number b. Area Description (use additional paper, if necessary): �-e6lc- 3UV.,e, c. Plan and/or Map Reference(s): (use additional paper if necessary) Title Date Title Date wpaform1.doc • rev. 4/28/2023 WPA Form 1 — Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): The proposed work is the trimming of oak trees to maintain view corridors of Hyannis Harbor and Lewis Bay. This is maintenance trimming that has occurred for the past 20 years only after approval by the conservation administrator. No trees are removed. This is merely removing the new suckers that have shot up on the previously trimmed trees. No conifers are trimmed. The photos show an aerial shot of the area to be trimmed and the type of growth to be trimmed. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaforml.doc • rev. 4/28/2023 WPA Form 1 — Request for Determination of Applicability • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands t` WPA Form 1- Request for Determination of Applicability q pp Y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C. Determinations 1. 1 request the Yarmouth make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. 0 c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. ❑ d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands' ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accord ce ith Sectio 10.05(3)(b)(1) of the Wetlands Protection Act regulations. April 1, 2024 ig ture of Applicant Date Signature of Representative (if any) Date wpaform1.doc • rev. 4/28/2023 VdPA Form 1 — Request for Determination of Applicability - Page 3 of 3 The trimming proposed at 71 Smiths Point Road will be limited to oak trees that prevent views of Hyannis Harbor and Lewis Bay. These photos show where the trees have grown to in the past three years. The view is further occluded when the trees leaf out. All of these photos were taken from the deck of the house on March 16, 2024 This photo shows the new growth blocking the view of Egg Island and Lewis Bay The Kalmus breakwater is hidden on the right side of this picture 1 QQ-- AQ K � VWW : pox AcZ Z 4n, so' P ,. �.. .. - r [@ {s .,. 5 6A ;.'id. `iz r '3t� �� sue,''°. ' m, � . ¢� _ Q �;, � �, -�% A::. C r Z • � �^' w � _. _ _ � a�ha � .. a `� ' +�.'. es'' - . _ ,_ ,�°' � i sue» °`� � # - � � s � �, � �..;, a 4 � .. ��... _I R u _ et ., 4 w i?fir. � " ���� � - � � � � � � ,. �� ^ .� 7�Y_ N �; * �� . ems. � � 7t �� ;. # '> �' �' a �. r i� �. x 1 � 7�,� P ? e EL A G NOTES n nMea im'uxE c�rww a,wrm �wr w xmm suu a � Pn caiuw `n.MP� xm is .>«u..a�nnatMAtm SITE PLAN AT 71 SMITH'S POINT ROAD WEST YARMOUTH PREMED FOR CHRISTIAN NOLEN o�A9P>s as 2020 ®s �crr 9AIE 9 & A MVA P.E. P." Ab9E5SVP5 MAP 8 PMM 7Y QiRIEPM pN EUSAN ENNy REFERENCES LCP .wis+. nor tm WNE P! 91VAN AS PFR COpSfAYAt1011 FluI1mNG SE / w.�K�x., ., Coe 1- anglneers /cnd surY �s n AMR �SbA! C Ris 6028]3 •© CO) 2 wm m -i NOTIFICATION TO ABUTTERS UNDER THE TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the Town of Yarmouth Wetland Regulations Section 2.03, you are hereby notified of the following: A. The name of the applicant is `�yti�' t 5 "t t J `' 0�e-�- B. The applicant has filed a Request for Determination of Applicability with the Yarmouth Conservation Commission, seeking knowledge of whether a project is subject to the Wetlands Protection Act (MGL c.131 s. 40) or Bylaw (Town of Yarmouth Wetland By -Law, Chapte^r�143). C. The address of the lot where the activity is proposed is -11 Jin1 t;tIS �"b� Zd D. Proposed work is E. Copies of the Request for Determination of Applicability 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 Request for Determination of Applicability may be obtained from either the applicant or applicant's representative. Applicant's phone number `9 5 ? 'Z l z, - a 664 Or Applicants representatives phone number 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) Note: Name �.�V1, i 1 S �1 c-.v. C> 14—V`. Address st Towne F 1 �j- State M Zipy 21 Soo Telephone DISZ ' Zl 7+ ' cl(0 44 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 on the Town Website 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. Properties Abutting 71 Smiths Point Road 63 Smiths Point Road Owner: 63 Smiths Point Road Nominee Trust Jim and Lisa Valone Trustees 205 Rice Road Wayland, MA 01778 70 Smiths Point Road Owner: Jane Carroll 131 East 69' Street New York, NY 10021 ra a 0 rq r` rn a r` rtj UI ci r� r- n Er w VI a~ m m ra . - - ik f.. i� n i flA (.(. r` M Certified Mail Fee -3- $ Ln Extra Services & Fees (cireckbox, add tee r-q ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ []Certified Mail Restricted Delivery $ _ ❑Adult Signature Required $ _ rU Ln ❑ Adult Signature Restricted Delivery $ _ Postage $ - .t8 �.(. f3 $` r-i Tot��Po�CSage and Fees # } iy N ..1 is S�,1,S -?- Ra IT to S-tanAt.-----orPOBo ------- edp Lr, Itz Er C!ty,�s tote, Zf�+45 W Gilt \!tea ► {��. i f� Postmark Kl/Here � �'iZDJ.,A2'024 y..^ {,3Ow►iv&--Tt'U S --------------- 6 11Z