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HomeMy WebLinkAboutNOI application939 main street rte 6a yarmouth port mass 02675 down cape engineering, inc civil engineers & land surveyors TRANSMITTAL April isu,, 2024 FROM: Heather Cornell hcornell@downcape.com Yarmouth Conservation RE: 1 Malfa Road Notice of Intent DCE#23-218 Feola METHOD OF DELIVERY: Email In person drop off tel. (508) 362-4541 fax (508) 362-9880 Please find attached documents to support a Notice of Intent at 1 Malfa Road, including: • Administrative checklist • WPAForm3 • Project narrative • Locus map • Abutter list • Abutter notice • Form PA • eDEP submittal confirmation • Site plan dated 3-28-2024, 1 original, 6 copies • Filing fees CC: FILE CldminL,tJtatwe ~t Af Ouce oJ :Intent (jetwtaf, .J~: CONSERVATION OFFICE 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. SuDmitting an llppficalion: ✓ 083-2282 ~ ___ 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 WPA form 3 with original signatures. 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 (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 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 6 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, quantity, size and spacing. See plan requirements ,/ Yarmouth's share of State filing fee: Separate check made payable to "Town of Yarmouth" ; ✓ By-law filing fee: ✓ Legal ad fee: (refer to NOi Wetland Fee Transmittal Form) Separate check made payable to "Town of Yarmouth" Separate check made payable to "Town of Yarmouth" Please list project property's street address on ,checks. Refer to Fee Schedule ONLINE DEP share of the fee (refer to NOi form) shall be sent to: Dept. of Environmental Protection Box 4062 Rev 3/2023 Boston, MA 02211 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 Page 1 of 2 Digital copy of the filing emailed to bdirienzo@yarmouth.ma.us including: ✓ A pdf of the entire signed application, supporting information listed above, and plan. Please list the 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. ONLINE 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 NOl@mass.gov with the subject line in the email per DE P's request listed as "YARMOUTH -NOi -Street Address -Applicant Name" and copied to bdirienzo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. 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 _N_IA __ Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program _N_/_A __ Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@ya rmouth. ma. us _N_/A __ 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 N/A 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 ZBA after conservation permitting is completed. N/A 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 on line, go to www.yarmouth.ma.us/LF Rev 3/2023 Yarmouth Conservation Commission• 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • ITO# (508) 398-2231 Page 2 of 2 Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1702368 Document: WPA Form 3 -NOi Size of File: 270.42K Status of Transaction: In Process Date and Time Created: 4/15/2024:1:16:45 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. Provided by MassDEP: -~ Protection MassDEP File#: ~ Massachusetts Department of Environmental , __ "' Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent eDEP Transaction#: 1702368 City/fown:Y ARMOUTH Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 A.General Information 1. Project Location: a. Sh·eet Address IMALFAROAD b. City/fown YARMOUTH c. Zip Code d. Latitude 41.64545N e. Longitude f. Map/Plat # 20 g.Parcel/Lot # 2. Applicant: w Individual r Organization a. First Name ANTHONY b.LastName c. Organization d. Mailing Address 1 MALFAROAD e. City/fown YARMOUTH f. State MA h. Phone Number i.Fax 3.Prope1ty Owner: r more than one owner a. First Name ANTHONY b. Last Name c. Organization d. Mailing Address IMALFAROAD e. City/fown YARMOUTH £State MA h. Phone Number i.Fax 4.Representative: a. First Name DANIEL A b. Last Name OJALAPEPLS c. Organization d. Mailing Address DOWN CAPE ENGINEERING, INC 939ROUTE6A 02673 70.26771W 26 FEOLA g. Zip Code j.Email FEOLA g. Zip Code j.Email Y ARMOUTHPORT f State MA g. Zip Code 02675 02673 02673 e. City/fown h.Phone Number 508-362-4541 i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WP A Fee Paid (Automatically inse1ted from NOI Wetland Fee Transmittal F01m): a.Total Fee Paid 500.00 b.State Fee Paid 237.50 c.City/fown Fee Paid 262.50 6.General Project Description: DEMOLITION OF EXISTING DWELLING AND GARAGE. CONSTRUCTION OF NEW FLOOD ZONE COMPLIANT DWELLING ON OPEN PILES AND ASSOCIATED TITLE 5 SEPTIC SYSTEM. ?a.Project Type: I .1-1 Single Family Home 3. r Limited Project Driveway Crossing 5.r DocldPier 7. r Coastal Engineering Stmcture 9. r Transpmtation 2. r Residential Subdivision 4. r Commercial/Industrial 6. rutilities 8. r Agriculture (eg., cranbeffies, forestry) 10. r Oilier 7b.Is any p01tion of tlle proposed activity eligible to be h·eated as a limited project subject to 310 CMR 10.24 ( coastal) or 310 Page l 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 CMR 10.53 (inland)? 1. rYesw'No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registiy of Deeds for: a.County: BARNSTABLE b.Certificate: c.Book: 10010 B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (temporary & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1702368 City/fown:Y ARMOUTH d.Page: 0154 r This is a Buffer Zone only project-Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54-10.58, ifnot applicable, go to Section B.3. Coastal Resource Areas) Resource Area a.rBank b .. r Bordering Vegetated Wetland c.r Land under Waterbodies and Waterways d. r Bordering Land Subject to Flooding e. r Isolated Land Subject to Flooding f. r Riverfront Area 2. Width of Riverfront Area ( check one) Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet I. square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name ofWate1way (if any) r 25 ft. -Designated Densely Developed Areas only r 100 ft. -New agricultural projects only r 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project 4. Proposed Alteration of the Riverfront Area: a. total square feet b. square feet witlrin 100 ft. c. square feet between 100 ft. and200 ft. square feet Page 2 of 7 * ELECTRONIC COPY Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1702368 City/fown:Y ARMOUTH 5. Has an alternatives analysis been done and is it attached to this NOI? rYesrNo rYesrNo 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 a. r Designated Port Areas Indicate size under b.r Land Under the Ocean I. square feet 2. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) Land under the ocean below, c.r Banier Beaches d. r Coastal Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below e. r Coastal Dunes fr Coastal Banks g.r Rocky Inte1tidal Shores h. r Salt Marshes i. r Land Under Salt Ponds j. r Land Containing Shellfish k.r Fish Runs 1. 1-1 Land Subject to Coastal St01m Flowage 4.Restoration/Enhancement r Restoration/Replacement I. square feet 2. cubic yards beach nomishment 1. square feet 2. cubic yards dune nourishment I. linear feet I. square feet I. square feet 2. sq ft restoration, rehab, crea. 1. square feet 2. cubic yards dredged I. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Wate1ways, above 1. cubic yards dredged 8835 I. square feet If the 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 ofBVW 5.Projects Involves Stream Crossings r Project Involves Streams Crossings b. square feet of Salt Marsh Page 3 of 7 * ELECTRONIC COPY Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1702368 City/fown:Y ARMOUTH ~ Massachusetts Department of Environmental Protection Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new sb·eam crossings/number ofreplacement sb·eam crossings. a. number of new sb·eam crossings b. number of replacement sb·eam crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review I. 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 tl1e Natural Heritage of Endangered Species program (NHESP)? a. rYes w"No If yes, include proof of mailing or hand delive1y ofNOI to: Natural Heritage and Endangered Species Program Division ofFisheries and Wildlife I 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 I 0.18) .... c. Submit Supplemental lnfonnation for Endangered Species Review* (Check boxes as they apply) l .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 b·ee/vegetation cleating line, and clearly demarcated limits of work** a.r Project desctiption (including description of impacts outside of wetland resource area & buffer zone) b.r Photographs representative of the site c. r MESA filing fee (fee info1mation available at: http://www,mass.gov/eea/agencies/dfg/dfw/natural-hetitage/regulatory-reyiew/mass-endangered-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.r Vegetation cover type map of site e. r Project plans showing Ptiority & Estimated Habitat boundruies d. OR Check One of the following I. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www,mass,gov/eea/agencies/dfg/dfw/laws-regulations/cmr/321-cmr-l 000-massachusetts-endangered-species-act.hb111# 10,14; tl1e NOI must still be sent to NHESP iftl1e project is witl1in estimated habitat pursuant to 310 CMR I 0.37 and 10.59.) 2.r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 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#: 1702368 City/fown:Y ARMOUTH 3. r Separate MESA review completed. Include copy ofNHESP "no Take" detennination or valid Conservation & Management Petmit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review ... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish mn? a. r Not applicable -project is in inland resource area only b. rYes wNo If yes, include proof of mailing or hand delive1y ofNOI to either: South Shore -Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fishe1ies -Southeast Maline Fisheries Station Attn: Enviromnental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 N01th Shore -Hull to New Hampshire: Division ofMmine Fisheties -North Shore Office Attn: Enviromnental Reviewer 30 Emerson A venue 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 potiion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.rYes P'No b.ACECName If yes, provide nmne of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any pmtion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Smface Water Quality Standards, 314 CMR 4.00? a. rYes w'No 5. Is m1y pottion of the site subject to a Wetlm1ds Reshiction Order under the Inlm1d Wetlands Resu·iction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Resuiction Act (M.G.L.c. 130, § 105)? a. ryes w'No 6. Is this project subject to provisions of the MassDEP St01mwater Management Standm·ds? a. r Yes, Attach a copy of the St01111water Repott as required by the Stonnwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: I. Applying for Low Impact Development (LID) site design credits (as described in Stonnwater Management Handbook r Vol.2, Chapter 3) ~ A portion of the site constitutes redevelopment ~ Propdetary BMPs m·e included in the Stonnwater Management System b.w No, Explain why the project is exempt: ~ Single Fatnily Home ~ Emergency Road Repair Page 5 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1702368 City/fown:YARMOUTH 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department by regular mail delive1y. 1. USGS or other map of the area ( along with a nairntive desctiption, if necessaty) containing sufficient infonnation for the P Conse1vation Commission and the Depai·ttnent to locate the site. (Electt-onic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to se1ve as a Bordering Vegetated Wetland W [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). w Determination of Applicability, Order of Resource Area Delineation, etc.), and attach docmnentation of the methodology. 4. List the titles and dates for all plans and otl1er mate1ials submitted witl1 tl1is NOi. w a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 1 MALFAROAD DANIEL A OJALA P.E. P.L.S. 3-28-2024 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 Fonn. w 9. Attach Stmmwater Report, ifneeded. r Page 6 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice oflntent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1702368 City/fown:Y ARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees I. 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 I and 2 of the NOi Wetlan I Fee Transmittal Form) to confirm fee payment: a&:230 "1 1&-i1-,I --------------------,----~ IA-"n ~ 2. Municipal Check Number 3. Check date 4. State Check Number }/ 6. Payer name on check: First Name 7. Payer name 011 check: Last Name F. Signatures and Submittal Requirements I 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 ofmy knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.0S(S)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant 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. ;l : Jz)f April 2 2024 l. Signature of Applicant 2. Date 3. Signature of Property Owncr(if dift"crent) 4. Date :I2:2)wq-6. Date For Conservation Commission: Two copies of the completed Notice oflntent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOi Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal ofth,, Notice of Intent. Page 7 of7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Wetland FeeTransmittal Form -----Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 A. Applicant Information l. Applicant: a. First Name c. Organization d. Mailing Address e. City/fown h. Phone Number 2.Property Owner:(if different) a. First Name c. Organization d. Mailing Address e. City/fown h. Phone Number 3. Project Location: a. Street Address Are you exempted from Fee? r ANTHONY lMALFAROAD YARMOUTH ANTHONY lMALFAROAD YARMOUTH lMALFAROAD f. State i.Fax f.State i.Fax Note: Fee will be exempted if you are one of the following: • City/fown/County/Disttict • Municipal Housing Auth01ity • Indian Ttibe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type A.) CONSTRUCTION OF SINGLE FAMILY HOUSE; Activity Number b.LastName MA b. Last Name MA b. City/fown Activity Fee 500.00 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1702368 City/fown:Y ARMOUTH FEOLA g. Zip Code 02673 j. Email FEOLA g. Zip Code 02673 j.Email YARMOUTH RF Multiplier Sub Total 500.00 City/fown share offilling fee State share offiling fee Total Project Fee $262.50 $237.50 $500.00 Page 1 of l * ELECTRONIC COPY PROJECT NARRATIVE #1 Malfa Road, West Yarmouth The applicant is pleased to submit a Notice of Intent application for the re-development of an existing single-family property and upgrade of the associated septic system. The site consists of a developed 8,835 s.f. lot, improved with a three-bedroom single family dwelling which was constructed in 1946 and detached garage built in 1950 according to the assessor's records. The site is surrounded by residences and bordered to the South by Lewis Bay. A Top of Coastal Bank (TCB) lies adjacent to Lewis Bay and coincides with the new seawall which was recently constructed under SE83-2282. The site is within Land Subject to Coastal Storm Flowage (LSCSF) Flood Zone VE (el. 13). The site does not lie within Priority or Estimated Habitat in accordance with the latest Natural Heritage map (2017). This project will begin with the removal of the existing garage and dwelling structures. The new dwelling will be constructed on an open pile foundation to comply with the current flood zone requirements. The septic system will be replaced with a Title 5 compliant system which will provide an environmental benefit over the existing cesspools. A filing with the Board of Health is anticipated due to the variances required to site the septic system. Mitigation plantings are proposed in the form of 350 s.f. of American beachgrass to replace an existing section of lawn near the coastal bank. A work limit line of staked silt fence is proposed as shown on the plan to contain construction activities. Coastal Bank {310 CMR 10.30} A Costa I Bank exists at the top of the existing slope and bulkhead wall along Lewis Bay. The bank is not a sediment source and is to be left undisturbed. The bank's ability to control floodwaters will not be changed by any of the proposed work. The proposed structures will be located further away from the TCB than existing. All work will take place within existing developed areas. The mitigation plantings will enhance the buffer and provide additional wildlife habitat. land Subject to Coastal Storm Flowage The property is within Flood Zone VE (el. 13). The existing non-compliant garage and dwelling structures will be demolished and removed. The proposed dwelling will conform to flood zone requirements and be elevated on an open pile foundation. A small amount of fill (75 cubic yards) will be required for the raised septic system. No adverse impacts are expected during any flooding event. Construction Protocol All machinery will access the areas of proposed construction through the existing roadway. 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. The existing structures will be demolished, the pile foundation will be installed, and the new dwelling will be constructed. The septic system, roof drip edges and driveway will be installed, and then final grading and landscaping will be installed. The silt barrier will not be removed until the site is fully stabilized. E USGS U.S. DEPAATM.Orr Of THE IHT[IIJOR _.,,......,._ U.S. GlOlOGKAL SUflVCY "}tC'~" "'~~': ~, .... ~,=c,, • "" "°"'""'"'--'=-J,(· • ~ \~v,~~½-;:,~~~i-r.~~;____ E •. -~~-----.--.. : ' r\ ,...;?i'"~ ( r 'rf''' I; S".~ ---~----• -1 I rl ) ) ' \.f" / '1 ->' ~ .I, • __ -. < ,. 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HYAHHIS, MA lOU U)llt5 20/ 23/ I I KEVORKIAN LEONA TRS C/O HIGHLAND FIFTEEN RL TY TRUST PO BOX358 CUMMAQUID , MA 02637 20/ 24/ I ZELCH BRANDON J ZELCH JESSICA 51 PARK AVE WEST YARMOUTH , MA 02673 20/ 25/ I I CENTOPANI KATHLEEN B 97 STROBEL RD TRUMBULL , CT 06611 20/ 26/ I I DOUGLAS LISA A TRS C/O ANTHONY FEOLA 20WARREN ST MEDFORD , MA 02155 20/ 27.1/ I I MACKEY WILLIAM K TRS ALBRECHT LUCINDA V TRS PO BOX901 FALMOUTH, MA 02541 20/ 27.2/ I I VAN DOREN R BERGEN C/O WM K MACKEY TRS PO BOX901 FALMOUTH, MA 02541 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 1 Malta Rd., West Yarmouth, MA 02673 Assessors M_gp ,20, ~ot 2p A~~ Andy Maado, Director of Assessing April 8, 2024 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is ANTHONY FEOLA 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 1 MALFA ROAD, WEST YARMOUTH D. Proposed work is DEMOLITION OF EXISTING DWELLING AND GARAGE. CONSTRUCTION OF NEW FLOOD ZONE COMPLIANT DWELLING ON OPEN PILES AND ASSOCIATED TITLE 5 SEPTIC SYSTEM. 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 through Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies ofthe Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number _______________ _ Or Applicant's representatives phone number 508-362-4541 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 DANIEL A OJALA, PE, PLS, DOWN CAPE ENGINEERING, INC 939 ROUTE 6A, YARMOUTHPORT, MA 02675 508-362-4541 NOTES: • 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. Site~6 (]gwud :J~: DEPARTMENT OF CONSERVATION If the applicant is not the property owner, please submit this fmm 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: 1 MALFA ROAD, WEST YARMOUTH Assessors Map/Lot: 20/26 --------------------------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 infmmation regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M. G .L. Ch. 131, s. 40) and/or the Yaimouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _<=,,-L----,+-f-'-'-i,''!-=--'-+-v_·_J_d_ _______ Date: t/-/5-ao~~ Please Print Name: -8--.... n ..... +~h ..... b ..... \l___..~>-----"-~·~r-~~o~J,,~A~--If other than owner, please state whether tenant, agent, or other: ---------Mailing Address: DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 Phone: 508-362-4541 Cell: -----------Email: INFO@DOWNCAPE.COM Fax: -----------Yaimouth Conservation Commission• 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (5,08)-398-0836 • TTD# (508) 398-2231 MassDEP's Online Filing System ( Receipt Forms filgnature Summary/Receipt 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: 1702368 Date and Time Submitted: 4/15/20241:15:09 PM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: YARMOUTH location: 1 MALFA ROAD General Description: DEMOLITION OF EXISTING DWELLING AND GARAGE. CONSTRUCTION OF NEW FLOOD ZONE COMPLIANT DWELLING ON OPEN PILES AND ASSOCIATED TITLE 5 SEPTIC SYSTEM. Applicant Information Name: ANTHONY FEOLA Company Address: 1 MALFA ROAD, YARMOUTH, MA, 02673 Payment Information Your fee for the state share is $: 237.50 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 23-218 FEOLA NOi ABUTTER NOTICE 23-218 Feola Site Access-signed 23-218 Feola Site Plan 3-28-24 b&w 23-218 NOi Narrative 23-218 USGS Abutters List MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP Receipt t::. print receipt I I Exit MassDEP Home I Contact I Privacy Policy ) MassDEP's Online Filing System ver.17.5.2.0© 2024 MassDEP