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HomeMy WebLinkAboutRDA Application Prepared by: 349 Route 28, Unit D, W. Yarmouth, Massachusetts 02673 49 South Shore Drive, South Yarmouth, MA After the Fact, Request for Determination of Applicability Replacement of Attached Multilevel Deck Town of Yarmouth Conservation Commission June 2024 Prepared for: Dawn Karol 424 Adams Street Milton, MA 02186 BSC Job #100985.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 JUNE 13, 2024 www.bscgroup.com Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: After-the-Fact RDA Application, Replacement of Attached Multi-level Deck, 49 South Shore Drive, South Yarmouth, MA, BSC Job # 100985.00 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) Application on behalf of Dawn Karol (the Applicant), for a project located at 49 South Shore Drive, (the Site) in South Yarmouth. The project involves the replacement of a wooden, multilevel deck attached to an existing single-family dwelling. The purpose of this application is to permit this replaced wooden deck, which had recently been significantly damaged by storm surge. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law and associated Regulations. Enclosed please find the RDA application, project plans and accompanying materials. If you have any questions or require additional information, please contact our office at (508) 778 – 8919 or via email at hraddatz@bscgroup.com or khealy@bscgroup.com Sincerely, BSC Group, Inc. Hannah Raddatz Wetland Scientist CC: Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Dawn Karol, 424 Adamas Street, Milton, MA 02186 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 • bdirienzo@yarmouth.ma.us Rev. 03/2024 Information: 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. Submitting an Application: Hardcopy filing dropped off or mailed to the Conservation Office including: 1 RDA Administrative Checklist 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. 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). Yarmouth Assessor’s locator map highlighting parcel(s) where work is proposed, including map and parcel numbers 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@yarmouth.ma.us and fkelley@yarmouth.ma.us and DEP Southeast Region at SERO_NOI@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 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. I understand that in person representation is required at the scheduled hearing to present to the conservation commission. * 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@yarmouth.ma.us and fkelley@yarmouth.ma.us CONSERVATION OFFICE Administrative Checklist Request for Determination of Applicability 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 Yarmouth Municipality A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Dawn First Name Karol Last Name 424 Adams Street Address Milton City/Town MA State 02186 Zip Code 617-543-7022 Phone Number dawn@karolandkarol.com Email Address 2. Property Owner (if different from Applicant): First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3. Representative (if any) Hannah First Name Raddatz Last Name Company Name 349 Route 28 Unit D Address West Yarmouth City/Town MA State 02673 Zip Code 508-778-8919 Phone Number hraddatz@bscgroup.com 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): 49 South Shore Drive Street Address South Yarmouth City/Town How to find Latitude and Longitude 41.63798 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) -70.21772 Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) and how to convert to decimal degrees 19 Assessors’ Map Number 10 Assessors’ Lot/Parcel Number b. Area Description (use additional paper, if necessary): The project site contains a single-family dwelling, with single-family dwellings adajcent. c. Plan and/or Map Reference(s): (use additional paper if necessary) Site Plan of Land Title 6/5/2024 Date USGS Site Locus Map and NHESP Map Title 5/2/2024 Date wpaform1.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 WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): This after the fact project involved the reduction in size (to restrict the structure to the property boundary) and replacement of a wooden, multilevel deck attached to an existing single-family dwelling. The purpose of this application is to permit this multi-level deck, which had recently been damaged by storm surge. 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). The proposed project may qualify for 10.02 2) a. 2. for activities to repair/replace but not substantially change existing and lawfully located structure. Total structure was reduced in size by 13 sf. 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.) Request for Determination of Applicability 49 South Shore Drive South Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The project located at 49 South Shore Drive, (the Site) in South Yarmouth involves the replacement of a wooden, multilevel deck attached to an existing single-family dwelling. The purpose of this application is to permit the replacement of a multilevel wooden deck, which had recently been significantly damaged by storm surge. This application is submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. 2.0 SITE DESCRIPTION The project site consists of single-family residential property bordered by other single- family dwellings. Thatcher Park Beach borders the property to the south, with Nantucket Sound beyond. The wetland resource areas and areas of conservation jurisdiction on the Site that are protected under the Wetlands Protection Act and the Town of Yarmouth's Wetland Protection Bylaw include the following: • Land Subject to Coastal Storm Flowage (Zone VE, elevation 13 and Zone AE, elevation 13) • NHESP Priority Habitat • Coastal Bank • Coastal Beach • Land Under Ocean • Land Containing Shellfish 3.0 PROJECT ACTIVITIES The project involves the replacement of a multilevel wooden deck, 7.1' x 10' on the upper level and 7.3' x 16' on the lower level. A wooden stairway (steps) connects the upper and lower levels. The previous attached wooden deck, approximately 5' x 8' on the upper level and approximately 10' x 16' on the lower level, was significantly damaged by storm surge. A portion of the previous deck was located over the property boundary of #51 South Shore Drive; however, the current decks have been reduced in size to contain them within the boundaries of #49 South Shore Drive. Therefore, this application seeks to permit this previously existing multilevel wooden deck attached to the dwelling, which has been rebuilt fully within the property boundary. The previous decks totaled in approximately 200 square feet (sf) of structure and the current combined structure between both existing decks is 187 sf, resulting in a 13-sf reduction. Because these structures were rebuilt within the footprint of the previous decks, built of similar materials and using similar structure supports, and there was no increase in impervious structures/surfaces, there was likely no significant impacts to jurisdictional resource areas and their associated buffer zones. The Site has been restored and no restoration is required. 70°12'0"W 70°12'0"W 70°13'0"W 70°13'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: P:\10098500\Ecology\Mapping\mxd\49SouthShore_Locus.mxdDate Saved: 5/2/2024 10:40:06 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:49 SOUTH SHORE DRIVE SOUTH YARMOUTH, MA USGS Site Locus Map (Page size: 8.5 X 11) 1 inch = 1,667 feet 0 875 1,750 Feet H 1:20,000 ,SITELOCUS Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed PAWKANNAWKUT DRS S H O R E D RKEARSAGE RDC O M P A S S D R C A P E I S L E D R BRIAR CIRSEAVI EW AVEBARKENTINE CIR 49 SOUTH SHORE DRIVE SOUTH YARMOUTH, MA THI S DO CUM ENT IS INTENDED FO R G ENERAL PLANNING & INFORMATIO N PURPO SES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE NHESP Map H File Location: P:\10098500\Ecology\Mapping\mxd\49SouthShore_NHESP.mxdDate Saved: 5/2/2024 10:58:18 AM 0 125 250 Feet 1 inch = 250 feet Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated H abitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; M assDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale: , PROJECTAREA LegendNHESP Priority Habitats NHESP Estimated Habitats Shellfish Suitability Areas American Oyster Bay Scallop Blue Mussel Quahog Razor Clam Soft-shelled Clam Phase 6: 2019-2023 Eelgr ass 1:3,000 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped 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 4/29/2024 at 8:45 AM 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, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°13'23"W 41°38'30"N 70°12'45"W 41°38'3"N Basemap Imagery Source: USGS National Map 2023 49 South Shore Drive Photo Pages South Yarmouth, MA Photo 1:View of work on multilevel deck at 49 South Shore Drive (right side) and 51 South Shore Drive (right side). Facing Northeast. Photo 2: View of final multilevel deck at 49 South Shore Drive. Facing Southeast Photo Page 1 PARKERS RIVER BEACHSEAVIEW BEACHT.O.Y. T.O.Y. TOWN OF YARMOUTH TOWN OF YARMOUTH OCEAN MIST CONDOS RED JACKETMOTOR INN YARMOUTH SEASIDE VILLAGEYARMOUTH SEASIDE VILLAGECI RC L EBARKENTINE D R IV E I S L ECAPE DRIVEAVENUESEAVI EWCIRCLEDIPPERDRIVELITTLES H O R E BRIARS O U TH S H O R E SOUTHP A R K E R S LANEPAWKANNAWKUTN E C K R D .BARKENTINE CIRCLE C O M P A S S D R K E A R S A R G E R O A D D R IVE1351251079773575339333129283438-4042-444652562011871851811791771751712 10 2428323642 35 31 19152122162222272231518141 2 1 0 6 2 511 1514 1 0 6 2 3711221814106 2 17617818018418619096102791519 1812841121165917 2 218 1221 2 6 130136152272136 32 28 24 162 1 866135454749511941841881 9 128076172(P R IV A T E ) (P R IV A T E ) (P R IV A T E )(PRIVATE)(PRIVATE)(TOWN)(PRIVATE)(TOWN)(TOWN)(TOWN)(TOWN)ACCESS/UTILITY EASEMENT RI GHT OF WAYNANTUCKET SOUNDP/O 19-114 P/O 19-62 P /O 1 9 -6 3P/O 19-64P/O 19-83P/O 25-297 P/O 25-297 P/O 19-20.1500.15 AC 190.09 AC 170.20 AC 150.10 AC 140.13 AC 120.11 AC 1 1 0.0 9 A C 1 0 0 . 0 7 A C 9 0.0 7 A C 8 0 .1 1 A C 20.17.70 AC 2975.06 AC 1C1.51 AC 4C2.41 AC 22.29 AC 41.1.21.11 AC 31.24 AC 45.1.21.07 AC 41.1.30.92 AC 50.99 AC 1140.90 AC 41.1.10.64 AC 46.10.58 AC 45.1.10.58 AC 300.50 AC 260.48 AC 93.1C0.30 AC 250.59 AC 47.10.55 AC 280.41 AC 1100.35 AC 940.36 AC 270.34 AC 570.33 AC 920.33 AC 550.30 AC 480.31 AC 560.31 AC 540.31 AC 980.28 AC 720.29 AC 610.29 AC 430.28 AC 880.27 AC 320.28 AC 950.21 AC 990.27 AC 730.25 AC 970.26 AC 296C2.24 AC 630.26 AC 580.25 AC 440.25 AC 490.25 AC 700.25 AC 820.26 AC 790.23 AC 960.22 AC 1060.23 AC 640.23 AC 1080.20 AC 60.32 AC 530.23 AC 600.23 AC 1070.23 AC 130.23 AC 710.20 AC 650.20 AC 590.21 AC 520.21 AC 830.22 AC 760.20 AC 1040.20 AC 840.20 AC 660.20 AC 1090.19 AC 860.20 AC 800.20 AC 750.20 AC 870.20 AC 670.20 AC 810.20 AC 620.30 AC 740.20 AC 1110.22 AC 850.20 AC 120.28 AC 1130.17 AC 70.16 AC 910.17 AC 900.18 AC 1120.17 AC 337.1C0.32 AC380.16 AC 160.18 AC 370.16 AC 1010.15 AC 1000.13 AC 340.14 AC 1030.15 AC 1020.15 AC 336C0.57 AC 1050.15 AC 350.11 AC 360.15 AC 330.13 AC 80.23 AC 3550.16 AC TAX MAPTOWN OF YARMOUTHBARNSTABLE COUNTY, MASSACHUSETTS DATE OF LATEST MAP REVISION: 10/3/23 INFORMATION SHOWN HEREON IS FOR ASSESSINGPURPOSES ONLY. NO LIABILITY FOR ERROR ISASSUMED BY THE TOWN OF YARMOUTH. 100 0 100 20050Feet «SHEET19 24 15 1918 2625 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 ________________________________________________ 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, Chapter 143). C. The address of the lot where the activity is proposed is ______________________________ 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 ________________________ Or Applicant’s 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) Name __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ Telephone _______________________________________ Note: 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. 19/ 20.1/ / / RJ RESORTS BEACH RESORT OWNER LL 65 E 55TH ST 33 FL NEW YORK, NY 10022 19/ 7/ / / JOYCE ELIZABETH A TR JOYCE RLTY TRUST 135 ACADEMY AVE WEYMOUTH, MA 02188 19/ 25/ / / JOYCE ELIZABETH A 135 ACADEMY AVE WEYMOUTH, MA 02188 19/ 8/ / / KAROL DAWN 424 ADAMS ST STE 202 MILTON, MA 02186 19/ 9/ / / KAROL DAWN 424 ADAMS ST STE 202 MILTON, MA 02186 19/ 10/ / / KAROL DAWN 424 ADAMS ST STE 202 MILTON, MA 02186 19/ 11/ / / 47 SOUTH SHORE DR LLC 14 NATALIE RD CHELMSFORD, MA 01824 19/ 12/ / / MONTINI DOROTHY D 687 BUFFINTON ST SOMERSET, MA 02726-3201 19/ 13/ / / RJ RESORTS BEACH RESORT OWNER LL 65 E 55TH ST 33 FL NEW YORK, NY 10022 19/ 51/ / / MUGAR DAVID G TRS DAVENPORT PALMER 20 N MAIN ST SOUTH YARMOUTH, MA 02664-3150 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:49 South Shore Dr., South Yarmouth, MA 02664Assessors Map 19, Lot 10_____________________________________Andy Machado, Director of AssessingJune 12, 2024 19/ 20.1/ / / RJ RESORTS BEACH RESORT OWNER LL 65 E 55TH ST 33 FL NEW YORK, NY 10022 19/ 7/ / / JOYCE ELIZABETH A TR JOYCE RLTY TRUST 135 ACADEMY AVE WEYMOUTH, MA 02188 19/ 25/ / / JOYCE ELIZABETH A 135 ACADEMY AVE WEYMOUTH, MA 02188 19/ 8/ / / KAROL DAWN 424 ADAMS ST STE 202 MILTON, MA 02186 19/ 9/ / / KAROL DAWN 424 ADAMS ST STE 202 MILTON, MA 02186 19/ 10/ / / KAROL DAWN 424 ADAMS ST STE 202 MILTON, MA 02186 19/ 11/ / / 47 SOUTH SHORE DR LLC 14 NATALIE RD CHELMSFORD, MA 01824 19/ 12/ / / MONTINI DOROTHY D 687 BUFFINTON ST SOMERSET, MA 02726-3201 19/ 51/ / / MUGAR DAVID G TRS DAVENPORT PALMER 20 N MAIN ST SOUTH YARMOUTH, MA 02664-3150 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:51 South Shore Dr., South Yarmouth, MA 02664Assessors Map 19, Lot 9_____________________________________Andy Machado, Director of AssessingJune 12, 2024 OHWOHWOHW OHW OHW OHW OHWOHW(PRIVATE - 40' WIDE) SOUTH SHORE DRIVE SQUATTERS ROAD NANTUCKET SOUND Parke rs R ive r Lewis Pond Nantucket Sound SOU T H S H O R E D RI V EPAWKANNAWKUT DRIVE(PRIVATE - 40' WIDE) SOUTH SHORE DRIVE SITE PLAN OF LAND 49 - 51 SOUTH SHORE DRIVE SOUTH YARMOUTH MASSACHUSETTS (BARNSTABLE COUNTY) EXISTING CONDITIONS / NEW DECKS AS-BUILT JUNE 5, 2024 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 OHW SURVEY NOTES IN