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HomeMy WebLinkAboutNOI App 6.18.2024939 main street rte 6a yarmouth port mass 02675 June 6, 2024 down cape engineering, inc civil engineers & land surveyors TRANSMITTAL Heather Cornell hcornell@downcape.com tel. (508) 3624541 fax (508) 36M880 Yarmouth Conservation RE: 158 Pleasant Street, South Yarmouth Notice of Intent DCE#23-283 Dodd METHOD OF DELIVERY: Email In person drop off Please find enclosed documents to support a Notice of Intent at 158 Pleasant Street in South Yarmouth, including: • Yarmouth Administrative Checklist • WPA Form 3, including fee transmittal and eDEP receipt • Project narrative • Abutter list/map • Abutter notice • Site access • Waterways review documentation • Site photo • Site plan dated 5/7/2024, 1 original, 6 copies • Filing fees CC: FILE CONSERVATION OFFICE %WA p J nit"aYt(Xuga ` 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 meetinq schedule. Contact the Conservation Office if you need assistance. S � arZ � a Qicatian� n/a 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" (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 online DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 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 Rev 3/2023 Page 1 of 2 Digital copy of the filing emailed to bdirienzo(c�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. n/a 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(a�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. 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/a 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(c�yarmouth.ma.us ��Waterway's jurisdiction —Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF Yarmouth Conservation Commission • 1146 Route 28 •South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 •Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 3/2023 Page 2 of 2 Massachusetts Department of Environmental Protection in Lei q][0:11M!M6 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: 1�o�2ss Document: WPA Form 3 - NOI Size of File: 2��.s7K Status of Transaction: In Process Date and Time Created: 6/5/2024:5:14:20 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 by MassDBP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1707286 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Sheet Address 158 PLEASANT STREET b. City/Town YARMOUTH c. Zip Code 02675 d. Latitude 41.65898N e. Longitude 70.18997W f, Map/Plat # 51 g.Parcel/Lot # 87.1 2. Applicant: r Individual I`" Organization a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3.Property Owner: Iu more than one owner 158 PLEASANT STREET SOUTH YARMOUTH f. State i. Fax b.Last Name 0 g. Zip Code 02664 j. Email a. First Name RICHARD S b. Last Name DODD C. Organization RICHARD S DODD IRR TR OF 2012 d. Mailing Address 158 PLEASANT STREET e. City/Town SOUTH YARMOUTH (State MA g. Zip Code 02664 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 50&362-4541 i.Fax OJALA PE PLS g. Zip Code 02675 j.Ernail INFO@DO WNCAPE. COM S.Total WPA Fee Paid (Automatically insetted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 1,470.00 b.State Fee Paid 722.50 c.City/Town Fee Paid 747.50 6.Geneial Project Description: LANDWARD EXTENSION OF EXISTING PIER. 7a.Project Type: Commercial/Industrial 1. N✓ Single Family Home 3.r Limited Project Driveway Crossing 5.r Dock/Pier 7. r Coastal Engineering Structure 9. r Transportation 2. r' Residential Subdivision 4. r Commercial/Industrialin 6. r Utilities 8. r' Agriculture (eg., cranberries, forestry) 10. r Other Page 1 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 1. i Yes r No If yes, describe which limited project applies to this project: 2. Limited Project Uroperty recorded at the Registry of Deeds for: a.County: BARNSTABLE b.Certificate: c.Boolc: 26936 Provided by MassDEP: MassDEP File #: eDEP Transaction #:1707286 CI own:YARMOUT I d.Page: 73 B. Buffer Zone &Resource Area Impacts (temporary &permanent) 1,Buffer Zone & Resource Area Impacts (temporary & permanent): 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, if not applicable, go to Section B.3 Coastal Resource Areas)' Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.l�` Bank 1. linear feet 2. linear feet b. r Bordering Vegetated Wetland d. � Bordering Land Subject to Flooding 1. square feet 2. square feet 1. Square feet 2. square feet 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced ;d Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced` £ Iv Riverfiont Area 1. Name of Waterway (if any) 2. Width of Riverfiont Area (check one) r 25 ft. -Designated Densely Developed Areas only 100 ft. -New agricultural projects only We 200 ft. - All other projects 3. Total area of River&ont Area on the site of the proposed project 27190 square feet 4. Proposed Alteration of the 12iver1ront Area: 280 280 a. total square feet b. square feet within 100 ft. 0 c. square feet between 100 ft. and 200 Its 5. Has an alternatives analysis been done and is it attached to this NOI? 1✓ Yesl�No Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1707286 WPA Form 3 = Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 6. Was the lot where the activity is proposed created prior to August 1, 1996? lv Yesl" No .Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.l- Designated Port Areas Indicate size tinder Land under the ocean below, b. r' Land Under the Ocean 1. square feet 2. cubic yards dredged c. r' Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below I. r Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.l" Coastal Dunes 1. square feet 2. cubic yards dune nourishment f t`' Coastal Banks 1. linear feet g, tu` Rocky Intertidal Shores 1. square feet h.1v Salt Marshes 185 0 1. square feet iJ Land Under Salt Ponds 1. square feet 2. cubic yards dredged r j, Land Containing Shellfish 1, square feet k.TY Fish Runs': i Indicate`size under Coastal Banks;Inlan Under Waterbodies and Waterways, ab� 1. cubic yards dredged 11v Land Subject to Coastal 280 Storm Flowage 1. square feet 4.Restoration/Enhancement r Restoration/Replacement 2, sq ft restoration, rehab, crea. If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet ofBVW b. square feet of Salt Marsh S.Projects Involves Sheam Crossings h Project Involves SU•eams Crossings If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided byMassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Tr'lnsaction #:1707286 WPA Form 3 = Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, 'S 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 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 the Natural Heritage of Endangered Species program (NHESp)? a. C Yes r 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 10.18).... 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 (b) outside Resource Area percentage/acreage percentage/acreage 2.1— Assessor's Manor right-of-way plan of site .1 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 • r MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfiv/natural-heritage/re ug latory- review/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.1` 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, http•//wwwmass ovg /eea/agencies/dfg/dfw/laws-regulations/cmr/321-cmr-1000-massachusetts-enda�igered- snecies-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.) 2.1— 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. Page 4 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection Wetlands eDEP Transaction #:1707286 WPA Form 3 = Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 * 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 run? a. r Not applicable - project is in inland resource area only b. r` Yes r 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 Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore - Hull to New Hampshhe: Division of Maine Fisheries - North Shore Office Attn: 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 t No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC Name 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. 1' Yes r No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? a. >-` Yes 1-` 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 required by the Stoimwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook r Vo1.2, Chapter 3) 2' A portion of the site constitutes redevelopment 3' Proprietary BMPs are included in the Stomiwater Management System No, Explain why the project is exempt: Wo Single Family Home 2F Emergency Road Repair 3. Small Residential Subdivision (less than or equal to 4srngle-family houses or less than or equal to 4 units in multi -family Page 5 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection Wetlands eDEP Transaction #:1707286 WPA Form 3 = Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 delivery. l . USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the W 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. ry a. Plan Title: b. Plan Prepared By: SITE PLAN OF 158 PLEASANT STREET DANIEL A. OJALA, SOUTH YARMOUTI I, P.E., P.L.S. MA Plan Signed/Stamped By: Revised Final Date: eScale: c. c. . May 7, 2024 5. If there is more than one property owner, please attach a list of these properly owners not listed on this form. 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. l✓ 8. Attach NOI Wetland Fee Transmittal Fonn. Iv 9 Attach Stormvater Report, if needed. r Page 6 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees Provided by MassDEP: MassDEP File #: eDEP Transaction #:1707286 CitylToNvn:YARMOUTH t. Fee Exempt: No filing fee shall be assessed for projects of any cit)�, 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 a�dition to pages I and 2 of the NOI�Jetlat�d Fe� Transmittal Form) to confirm fee payment: 2. D4unicipal Check Number �y� I' � Q 4. S[ate Check Number � /l/ V] f 6. Payer name on check: First Name 3. 7. Payer name on 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 of my 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 10.05(5)(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. 1. Signature of Applicant 3. Signature of Property Owner(if different) 2. Date 4. Datc 5. Signature of Representative (if:uty) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the cityltown 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 Transrntttal 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 of the Notice of Intent. Page 7 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1707286 City/Ibwn:YARMOUT I Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name RICHARD S b.Last Name DODD c. Organization RICHARD S DODD IRR TR OF 2012 d. Mailing Address 158 PLEASANT STREET e. City/Town SOUTH YARMOUTH f. State MA g. Zip Code 02664 h. Phone Number i. Fax j. Email 2.Property Owner:(if different) a. First Name RICHARD S b. Last Name DODD c. Organtion RICHARD S DODD iRR TR OF 2012 d. Mailing Address 158 PLEASANT STREET e. City/Town SOUTH YARMOUTH f.State MA h. Phone Number i. Fax 3. Project Locafion: a. Street Address Are you exempted fiom Fee? l Note: Fee will be exempted if you are one of the following: • City/Town/Cotmty/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type A.) WORK ON DOCKS, PIERS, REVETMENTS, DII{ES, ETC. (COASTAL OR INLAND). b. City/I'own g, Zip Code j.EmaiI Activity Activity Fee RF Multiplier Number 245 4.00 RFA MULTIPLIER 1.5 02664 Sub Total 1470.00 City/Town share of filling fee State share of filing fee Total Project Fee $747.50 $722.50 $1,470.00 Page 1 of 1 *ELECTRONIC COPY MassDEP Home � Contact � ,Privacy Policy MassDEP's Online Filing System Receipt - �• �n��s�e Summary/Receipt ' print receipt Exit `� --- 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: 1707286 Date and Time Submitted: 6/5/2024 5:13:14 PM Other Email Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 158 PLEASANT STREET � . General Description: LANDWARD EXTENSION OF EXISTING PIER. Applicant Information Name: RICHARD S DODD Company: RICHARD S DODD IRR TR OF 2012 Address: 158 PLEASANT STREET, SOUTH YARMOUTH, MA, 02664 Payment Information Your fee for the state share is $: 722.50 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 158 Pleasant St SY 51.87.1 Abutters 23-283 DODD ABUTTER NOTICE 23-283 DODD SIGNED SITE ACCESS 23-283 DODD SITE PLAN 5-7-24 B&W 23-283 Dodd Abutter Map ' 23-283 Dodd NOI Narrative 23-283 Dodd Site Photo 23-283 Dodd Waterways Documentation My eDEP MassDEP Home � Contact � Privacy Policy MassDEP's Online Filing System ver.17.6.2.0© 2024 MassDEP NOTICE Or INTENT 158 Pleasant Street, South Yarmouth The applicant is pleased to submit a Notice of Intent application for the landward extension of an existing licensed pier. The site consists of an existing dwelling and an existing fixed wood pier with platform. The pier system received a Ch. 91 License in 1973 (#6072). The proposed pier extension will be 3.5' wide, 80' long and will include two ramps. The pier extension will allow for access at the lawn area closer to the house vs over the Salt Marsh where the existing pier currently terminates. The proposed extension will be elevated 5.25' above the Salt Marsh. The existing osprey nest pole will be moved to the west approximately 10' to aHow for a straight extension of the pier. The applicant would also like to permit an 8'x20' float and associated pile and ramp as well as maintenance of the exiting wooden structure. The maintenance will include replacement of damaged and deteriorating boards. The existing piles are proposed to remain. The Resource areas affected by the proposed project are: Salt Marsh, Land Under Ocean, and Land Subject to Coastal Storm Flowage and Riverfront. Most of the entire site is within Land Subject to Coastal Storm Flowage. The resource areas and their associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering. No work will take place within Priority/Estimated Habitat of endangered species. Per consultation with the Natural Resources Director, no filing is required with the Waterways/Shellfish Committees. 310 CMR 10.32 Salt Marsh The edge of the Salt Marsh was flagged by BLH Environmental Consulting, Inc, and located by Down Cape Engineering. To protect the Salt Marsh and lessen any impacts, the design of the pier includes pile spacing at approximately 12'. The width of the decking is proposed at 3.5'; the decking elevation will be a minimum 5.25' above the highest elevation of the salt marsh and have a min. 1" spacing. A sign shall be placed near the mean high-water mark to indicate to the public their lateral passage rights under the pier. 310 CMR 90.34 Land Containing Shellfish, 10.35 Fish Run, & 90.25 Land Under Ocean The float at the end of the pier will cross over Land Containing Shellfish and Land Under Ocean and is within a Fish Run. Soundings indicate a minimum of 3' of water at the end of the float at MLW. No new pilings are proposed in this area as the float will take advantage of the existing piling already in place. A shellfish survey was not performed as no new disturbance is proposed but a shellfish study performed 2 parcels south of locus in 2019 indicated that there was no significant shellfish population. Out of 36 observation plots, only 4 quahogs were found and these were in the outer reaches (100 or so) from MHW. A small number of oysters and some ribbed mussels were observed in the marsh area and can be easily avoided during construction. The DEP does not map the area as having eel grass beds. -1- Alternatives Analysis The alternative to do nothing is not acceptable to the owner. They are concerned about future access and use of their exiting licensed pier. Alternate configurations of the extension were explored but this proposed layout takes advantage of the location of the existing pier and will closely match its look. This pier extension will be an improvement over what currently exists, as the applicant currently must walk across Salt Marsh to access it. By constructing the pier at 5.25' over the salt marsh, the salt marsh grasses will benefit with the added light penetration. -2- 51/ 901 ! / ACHESON DAVID C JR ACHESON E D AND P W 425 8TH ST NW #1129 WASHINGTON , DC 20004 ACHESON DAVID C JR ACHESON E D AND P W 425 8TH ST NW #1129 WASHINGTON , DC 20004 ACHESON DAVID C JR C/O ACHESON ELEANOR D 425 8TH ST NW #1129 WASHINGTON , DC 20004 GEANACOPOULOS DAVID GEANACOPOULOS DAPHNE P 24 FROTHINGHAM WAY SOUTH YARMOUTH , MA 02664 DODD RICHARD S IRREVOCABLE TR 20 158 PLEASANT ST SOUTH YARMOUTH , MA 02664 BASS RIVER YACHT PO BOX 182 SOUTH YARMOUTH MA 02664-0182 SILVERIO FREDERICK JOHN TRS SILVERIO FAMILY NOMINEE TRUST 80 WHEELER ST WINSTED . CT 06098 DODD MICHAEL J DODD DENT SE L. 681 SOUTH ST NEEDHAM , MA 02492 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 158 Pleasant St., South Yarmouth, MA 02664 Assessors,Map 51, Lot 87.1 April 16, C'2 ssing s. LO LU U) z w am co r 0 � � Sk N/ ONLn ' r ,. '" i d W0 L!1 Iff U) O; Ln U'1 f- 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 RICHARD S DODD IRR TR 2012 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 158 PLEASANT STREET D. Proposed work is landward extension of existing pier. 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 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 calving the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name DOWN CAPE ENGINEERING, INC Address 939 ROUTE 6A Town YARMOUTHPORT State MA Zip 02675 Telephone 508-3624541 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. DEPARTMENT OF CONSERVATION (s�.ertetur� .�r�ur�!atian ` 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: 158 PLEASANT STREET, SOUTH YARMOUTH Assessors Map/Lot: 51 /87.1 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 Signature: Please Print Name: 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: Date: 7� 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 Per M.G.L.: All town and school boards, committees, commissions, and authorities shall post a notice of every. meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays, and legal holidays. Notice shall. contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting. IL Name of commi Date of Meeting: 1. Public comment 2. Notice of Intent a. Roy Okurowski, WRS Engineering LLC, for Paul and Jody Steele 66 Grandview Drive, for a proposed ramp and float. b. Roy Okurowski, WRS Engineering LLC, 60 Grandview Drive, for a proposed pier, dock, and float. c. Daniel Ojala, Down Cape Engineering Inc, for Richard Dodd 158 Pleasant Street for proposed landward extension of an existing pier 3. Initial Review &Discussion for Shellfish Regulation Review 4. Committee Discussion &Updates Signature: William D. Bonnetti, Director/Harbormaster Julian Mallett, Chairman William D. Bonnetti N