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HomeMy WebLinkAboutCompiled_811Rt28_NOI_20240717_reduced Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 811 Main Street (Route 28), Yarmouth Notice of Intent Application Multi-family Development Project Town of Yarmouth Conservation Commission July 2024 Prepared for: Christina Meggison 693 Russells Mills Road South Dartmouth, MA 02748 BSC Job #50646.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 JULY 18, 2024 www.bscgroup.com Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Notice of Intent Application, Multi-family Development Project, 811 Main Street (Route 28), South Yarmouth, MA, BSC Job #50646.00 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Christina Meggison (the Applicant), for a project located at 811 Main Street (Route 28) (the Site) in South Yarmouth, MA. The proposed project involves redevelopment of a lot including the construction of a multifamily development with associated utilities, landscaping, parking areas and pathways within Land Subject to Coastal Storm Flowage. 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 Notice of Intent 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. Sincerely, BSC Group, Inc. Hannah Raddatz Ecologist, Associate CC: Christina Meggison, 693 Russells Mills Road, South Dartmouth, MA 02748 Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Checklist and Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Photo Pages 8 Abutter Information 9 Site Plans 10 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 1 of 2 Administrative Checklist Notice of Intent General 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: 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 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. 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 Regulations, 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. 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 DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@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@yarmouth.ma.us and fkelley@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. I understand that in person representation is required at the scheduled hearing to present to the conservation commission 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 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 with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? 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 Site Access Authorization Form General Information: 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: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ 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: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION wpaform3.doc rev. 12/4/2023 Page 1 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Yarmouth City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 811 Route 28 a. Street Address Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude:41.651107 d. Latitude -70.215583 e. Longitude 33 f. Assessors Map/Plat Number 72 g. Parcel /Lot Number 2. Applicant: Christina a. First Name Meggison b. Last Name c. Organization 693 Russells Mills Road d. Street Address South Dartmouth e. City/Town MA f. State 02748 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant):Check if more than one owner Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. a. First Name b. Last Name Roseanna Nikolaidis TR, Charlambros Nikolaidis TR, and The Ponco Realty Trust c. Organization 4 Vineyard Circuit d. Street Address Sagamore Beach e. City/Town MA f. State 02562 g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Hannah a. First Name Raddatz b. Last Name BSC Group, LLC c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $1,050.00 a. Total Fee Paid $512.50 b. State Fee Paid $537.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 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 Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The proposed project involves the redevelopment of a site for the construction of a multi -family development with associated site work, utilities, landscaping, parking and access paths. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 9792 c. Book 346 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – 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). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc rev. 12/4/2023 Page 3 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (contd) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet 1. square feet 2. square feetc. Land Under Waterbodies and Waterways 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 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 Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 18,795 1. square feet 4. Restoration/Enhancement 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 enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc rev. 12/4/2023 Page 5 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. 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 and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No Mass Mapper June 2024 b. Date of map 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 Phone: (508) 389-6360 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessors Map or right-of-way plan of site 2.Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work  (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site  Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.  MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc rev. 12/4/2023 Page 6 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Yarmouth City/Town C. Other Applicable Standards and Requirements (contd) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to Commonwealth of Massachusetts - NHESP and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; 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. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP no Take determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEPs Boston Office. For coastal towns in the Southeast Region, please contact MassDEPs Southeast Regional Office. c. Is this an aquaculture project?d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc rev. 12/4/2023 Page 7 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Yarmouth City/Town C. Other Applicable Standards and Requirements (contd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. 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. Yes No 6. 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)? Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent Minimum Required Documents (310 CMR 10.12). 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. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the 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 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc rev. 12/4/2023 Page 8 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Yarmouth City/Town D. Additional Information (contd) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), andattach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Multi-Family Residential Development a. Plan Title BSC Group b. Prepared By Kieran J. Healy and Brian G. Yergatian c. Signed and Stamped by June 18, 2024 d. Final Revision Date 1" = 20’ e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1.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 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 3721 2. Municipal Check Number 7/17/2024 3. Check date 3720 4. State Check Number 7/17/2024 5. Check date BSC Companies, Inc 6. Payor name on check: First Name 7. Payor name on check: Last Name noifeetf.doc Wetland Fee Transmittal Form rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Location of Project: 811 Route 28 a. Street Address Yarmouth b. City/Town 3720 c. Check number $512.50 d. Fee amount 2. Applicant Mailing Address: Christina a. First Name Meggison b. Last Name c. Organization 693 Russells Mills Road d. Mailing Address South Dartmouth e. City/Town MA f. State 02748 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. a. First Name b. Last Name Roseanna Nikolaidis TR and Charlambros Nikolaidis TR and The Ponco Realty Trust c. Organization 4 Vineyard Circuit d. Mailing Address Sagamore Beach e. City/Town MA f. State 02562 g. Zip Code h. Phone Number i. Fax Number j. Email Address B. Fees To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc Wetland Fee Transmittal Form rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 4/Subtotal Activity Fee Step 3/Individual Activity Fee Category 3. b. Commercial Development 1 $1,050.00 $1,050.00 Yarmouth Local Fee - NOI, Cat 3 $300.00 Legal Advertising $10.00 Step 5/Total Project Fee:$1,050.00 Step 6/Fee Payments: Total Project Fee:$1,050.00 a. Total Fee from Step 5 State share of filing Fee:$512.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee:$537.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.)To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 811 Route 28 Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed Project is located at 811 Route 28, in South Yarmouth, MA involves the redevelopment of a largely cleared/developed lot with a proposed multifamily residential building and associated appurtenances (the Project). This application is being submitted in accordance with the Massachusetts Wetlands Protection Act 310 CMR 10.00 (WPA) and the Town of Yarmouth Wetlands Protection By-law and Regulations (the Bylaw). 2.0 SITE DESCRIPTION The Site is located in a mixed residential and commercial zone along Route 28, which is lined by single-family dwellings, multi-family buildings, and commercial developments. The lot currently contains a large cleared/gravel lines area near the roadway, a portion of paved driveway associated with a neighboring building on adjacent lot, an existing dwelling, with utilities and accessory structures. A small portion of the southern portion of the lot contains trees and lawn area. 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 Wetlands Protection Bylaw and Regulations include Land Subject to Coastal Storm Flowage (LSCSF) (Zone AE Elevation 11 feet). The Site Is located outside of all other jurisdictional resource areas and their associated buffer zones. 3.0 PROPOSED ACTIVITIES The applicant is proposing various activities associated with the proposed multi-residential building including the demolition of existing dwelling and all associated structures. Lot clearing will also occur along with the removal of gravel, asphalt, and other debris, to be followed by the construction of two-story residential building with associated driveways, access paths, stormwater control features, utilities, and landscaping. The proposed 4,448± sf multifamily residential building will be centrally located on the site. The pervious and vegetated areas of the site will consist of 12,650± sf of lawn, landscape areas and a rain garden, while the remainder of the site will consist of 8,402± sf of paved/other impervious areas, and pervious paver pathways. This will result in a reduction in pervious areas on the site, however a variety of stormwater control features including catch basins, storm drains, water quality structures, a bioretention area (raingarden) and two subsurface infiltration systems. A large stormwater infiltration system in the northern part of the property to manage stormwater runoff from the driveway and surrounding areas, and a separate subsurface infiltration on the eastern side of the building, which will manage all stormwater from the roof of the proposed building. These systems have been designed in accordance with the Massachusetts Stormwater Standards and represent a significant improvement to the site. The additions of lawn and planting areas, which will include a wide variety of ground cover and shrub species, will also contribute to stormwater control, filtration, and retention. Wastewater will be managed on-site. The site design includes a septic system, with a design flow of 880 gallons per day. The design utilizes precast alternative leaching Notice of Intent 811 Route 28 Yarmouth, Massachusetts chambers (Cur-Tech) and complies fully with 310 CMR 15.000 (Title 5) without the need for variance. The proposed soil absorption system has been designed with 5 feet of separation from the adjusted seasonal high groundwater elevation. Site grading will be minimized. Grading is proposed on-site primarily for the management of stormwater runoff. Fill is also required in western areas of the site for building access as well as to provide the required cover over septic system components. The anticipated construction sequencing for this portion of the project will likely follow the following steps: • Access to the site will be gained from existing paved access in the northwestern corner of the site, along Route 28. A temporary construction entrance consisting of 8" of 2" coarse aggregate over a geotextile base will be established at construction entrance. • Sediment controls will be installed at the limits of entire parcel, as well as around temporary stockpile areas, around the designated concrete washout areas, and around the temporary sediment trap, which will associated with a temporary diversion swale during site work. Some sediment controls, consisting of silt fence and staked compost/straw wattles will be Installed after site clearing/grubbing, and necessary excavation. Catch basin protection bags will also be installed on catch basins adjacent to the site. Roll-off containers will be positioned near roadway to temporarily store construction debris. • Site clearing, grubbing, stripping, and stockpiling will follow and/or take place in tandem with sediment control installation (where existing site conditions prevent the establishment of sediment controls). This will also include the demolition of existing dwellings and associated structures. • Existing site utilities will be capped and/or abandoned in place. The existing septic system will be pumped, filled with sand, crushed, and abandoned in place. • Following demolition work and site clearing, final grades will be achieved with necessary fill and grading. • Construction of the dwelling, installation of stormwater control features, and utilities will commence. • Following the completion of construction activities, the establishment of paved driveway, fire lane, pervious paver access paths, concrete dumpster pad and bike rack, and curbing will occur. Landscaping establishment including lawn areas, plantings and stabilization measures will occur in tandem with the aforementioned activities. • Once the site reaches appropriate levels of stabilization, the sediment controls will be removed from the Site. Notice of Intent 811 Route 28 Yarmouth, Massachusetts 4.0 COMPLIANCE WITH YARMOUTH WETLANDS BYLAW AND REGULATIONS PERFORMANCE STANDARDS 4.10 Land Subject to Coastal Storm Flowage 3) Performance Standards: A) General Performance Standards: Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering of land shall not have an adverse effect on the interests protected by the bylaw by: • reducing the ability of the land to absorb and contain flood waters. o Although the proposed project will result in the increase of impervious structures and areas on the site, stormwater control features on the site have been designed to receive the necessary and anticipated stormwater. Further, the addition and expansion of vegetated areas, as well as the rain garden, will improve stormwater retention and filtration on the site when compared to the current site conditions. • reducing the ability of the land to buffer more inland areas from flooding and wave damage. o The redevelopment of this project site will not result in damage to neighboring properties and infrastructure because the stormwater control systems have been designed to receive floodwaters from a 100-year storm events. The site is outside of the V-zone and is also likely too far Inland to receive or deflect waves. • increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case at the project site, adjacent or nearby properties, or any public or private way. o The proposed project does not involve significant changes to grades or the redirection of flooding/stormwater flows which would result in Impacts to neighboring properties and infrastructure. The stormwater controls on the site as well as the addition of pervious, vegetated areas will greatly Improve the control, retention, and filtration of stormwater on Site, which will benefit adjacent properties. • displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife. o The proposed project does not propose the diversion of flood waters towards other properties or nearby resource areas. Although the proposed structure and Impervious areas will change the current stormwater flow/retention regime on the site, the designed stormwater control features and minor changes in grade will capture the stormwater more efficiently. • causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage). o All structures will be appropriately constructed and/or installed to avoid the causing damage to neighboring properties from debris caught in floods. Notice of Intent 811 Route 28 Yarmouth, Massachusetts • causing ground, surface or saltate pollution triggered by coastal storm flowage. o The proposed project includes multiple types of stormwater control features including multiple Infiltration systems, drywells, catch basins, and a rain garden to capture stormwater before it can leave the site. These features have been outfitted with the required technology to prevent ground water pollution to the greatest extent possible. Through compliance with MassDEP Stormwater Management Standards, we are protecting surface/groundwater quality. • reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. o Currently the site Is largely barren, with a significant area of exposed soil, gravel, and asphalt. Only a small portion of the existing site has natural vegetation. Given these conditions and the geographic location of the site (which is surrounded by highly developed areas and roadways), the site currently has very low value for wildlife habitat or as a corridor for wildlife movement. Although the proposed project will add structures and other impervious areas, the landscaping plan for the site includes a wide variety of ground cover plants, shrubs, small trees, and saplings which will eventually offer a canopy along the borders of the Site. This canopy will eventually cover 34% of paved parking areas. The rain garden and planted hedge of shrubs will provide foraging habitat and cover for birds, insects, and small mammals. No site features will impair wildlife movement to and from the Site. • prevention of the migration of resource areas such as salt marshes due to sea level rise. o The proposed work is not located within or near any vegetated jurisdictional resource areas. All neighboring properties are highly developed and do not contain freshwater or saltwater wetlands. • If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. o The project will comply with this performance standard through various stormwater control features which are appropriately designed for the needs of the site and through the expansion of vegetated areas on the Site. And shall meet the following requirements: • Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. o The proposed system complies fully with 310 CMR 15.000 (Title 5) and the Town of Yarmouth Board of Health Regulations. • All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. o The observed groundwater was adjusted for seasonal fluctuation in accordance with the Cape Cod Commission methodology. Notice of Intent 811 Route 28 Yarmouth, Massachusetts • Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. o None of these types of structures are proposed. • Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. o Project will comply to the greatest extent practicable. 5.0 MITIGATION The proposed project has been designed to meet 310 CMR 15.00 (Title 5) for septic, MassDEP Stormwater Management Standards and Town of Yarmouth stormwater requirements. All proposed work listed will occur within existing developed areas or within the footprint of existing structures or landscaping features. All appropriate BMPs will be utilized during all phases of the constructions to control stormwater and contain sediment on the site. BMPs requiring routine maintenance such as the aggregate construction entrance, concrete washout area, sediment traps, and the border of silt fence/staked wattles will be kept in good working order until the site reaches final stabilization. All debris from the removal of various structures, landscaping components, and various construction materials will be contained within an appropriate receptacle (roll-off containers or similar) and/or immediately removed from the Site. Upon completion of all construction work all disturbed areas will be loamed and seeded for stabilization, with grass seed and/or hay to protect areas of exposed soil. No significant changes to existing site grades or removal of native vegetation cover are proposed. Stormwater control and filtration will be managed by a series of drywells attached to the roof of the proposed building, catch basins, and two stormwater infiltration systems along the northern and eastern edges of the Site. These features have been designed to eliminate stormwater flow leaving Site, reduced erosion, and increase stormwater retention and infiltration. The addition of ground cover, shrubs, trees (which will cover 34% of parking area when mature), and lawn areas, as well as a rain garden in the southeastern corner of the site will provide further improvements the stormwater control, filtration and retention over the current conditions of the Site. Therefore, it is not anticipated that these proposed Project will negatively impact the natural functions of LSCSF. 70°12'0"W 70°12'0"W 70°13'0"W 70°13'0"W 70°14'0"W 70°14'0"W 41°40'0"N41°40'0"N41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: P:\5064600\Ecology\Mapping\mxd\811Rt28_LOCUS.mxdDate Saved: 6/25/2024 7:22:50 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale: 811 MAIN STREET (MA-28) SOUTH YARMOUTH, MA USGS Site Locus Map (Page size: 8.5 X 11) 1 inch = 2,500 feet 0 1,300 2,600 Feet 1:30,000 SITELOCUS Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed 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 6/24/2024 at 4:28 PM 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°13'14"W 41°39'17"N 70°12'37"W 41°38'50"N Basemap Imagery Source: USGS National Map 2023 STATE RTE 28G A Y R D HO W ES RDROGERS AVEB A N N I S T E R L N OCEAN AVEMATTACHEE RDSEAVI EW AVEASPINET RDWAMPANOAG RD NANTUCKET AVEC O L O N I A L R DBEATTIE AVEP A W K A N N A W K U T D R THATCHER RDDAYTON RDELDRIDGE RDFRANK BAKER RDBLI SCOTT AVEANGUS AV E 28 YARMOUTH 811 MAIN STREET (MA-28)SOUTH YARMOUTH, MA THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE NHESP Map File Location: P:\50 6460 0\Ecology \Map pin g\mx d\8 11Rt28_NHESP.mx dDate Saved: 6/25/202 4 7:4 2:12 AM 0 125 250 Feet 1 inch = 250 feet Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale: PROJECTAREA LegendTown Boundary 1:3,000 Multi-family Residential Development Project 811 Route 28, South Yarmouth, MA Photo 1: View of existing dwelling on the southern end of the Site. Looking South. Photo 2:View of northeastern edge of the Site where a brush line and fence exists. Looking Northeast. Photo Page 1 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 __Christina Meggison________________________________ 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 _811 Main Street (Route 28)_______ D. Proposed work is _redevelopment of a lot for the construction of a residential building with associated parking, utilities, and landscaping. 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 _508-778-8919______________________ 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 _Hannah Raddatz, BSC Group_________________ Address _349 Route 28, Unit D_____________________ Town _West Yarmouth_____ State __MA_____ Zip _02673___ Telephone __508-778-8919______________________________ 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. 33/ 64.1/ / / NIKOLAIDIS ROSEANNA TR NIKOLAIDIS CHARLAMBROS TR 4 VINEYARD CIR SAGAMORE BEACH, MA 02562 33/ 63/ / / JATCZAK JOHN R C/O JATCZAK JOHN R TR 166 REDBERRY LN MARSTONS MILLS, MA 02648 33/ 74/ / / TY MACK CORPORATION 803 ROUTE 28 SOUTH YARMOUTH, MA 02664 33/ 73/ / / CARON MARIE 15 TERN RD SOUTH YARMOUTH , MA 02664 33/ 72/ / / NIKOLAIDIS ROSEANNA TR NIKOLAIDIS CHARLAMBROS TR 4 VINEYARD CIR SAGAMORE BEACH, MA 02562 33/ 71/ / / CAPTAIN GLADCLIFF LLC 2 LYNXHOLM CT HYANNIS, MA 02601 33/ 80/ / / RYDER CURTIS RYDER PENNY 26 HOWES RD SOUTH YARMOUTH, MA 02664 33/ 81/ / / FORESTER ARTHUR K FORESTER JUDY 32 HOWES RD SOUTH YARMOUTH, MA 02664 33/ 82/ / / PINA PROFIRIO J PINA CATHERINE A 36 HOWES ROAD SOUTH YARMOUTH, MA 02664 33/ 83/ / / SYLVESTRE DENNIS SYLVESTRE LYNNE 7 SPRING ST FOXBORO, MA 02035 33/ 70.1.1/ / / 822-834 MAIN STREET CONDOMINIUM 822 ROUTE 28 SOUTH YARMOUTH, MA 02664 33/ 70.1.1/ C1/ / CALCON PROPERTIES LLC 60 ANGELA WAY WEST BARNSTABLE, MA 02668 33/ 70.1.1/ C2/ / WISELIVING AT YARMOUTH 1 LLC PO BOX 785 CHATHAM, MA 02633 33/ 70.1.1/ C3/ / WISELIVING AT YARMOUTH 2 LLC PO BOX 785 CHATHAM, MA 02633 33/ 70.1.1/ C4/ / WISELIVING AT YARMOUTH LLC PO BOX 785 CHATHAM, MA 02633 Please use this signature to certify this list of properties abutting within 100' of the parcel located at:811 Route 28, South Yarmouth, MA 02664Assessors Map 33, Lot 72 _____________________________________________Andy Machado, Director of Assessing