HomeMy WebLinkAboutNOI appYarmouth 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
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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
X
X
X
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 1 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Checklist
This Ecological Restoration Limited Project Eligibility Checklist guides the applicant in determining if
their project is eligible to file as an Inland or Coastal Ecological Restoration Limited Project (310 CMR
10.53(4) or 310 CMR 10.24(8) respectively). These criteria must be met when submitting the
Ecological Restoration Limited Project Notice of Intent to ensure that the restoration and improvement
of the natural capacity of a Resource Area(s) to protect and sustain the interests identified in the WPA
is necessary to achieve the project’s ecological restoration goals.
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.
Regulatory Features of All Coastal and Inland Ecological Restoration Limited Projects
(a)May result in the temporary or permanent loss of/or conversion of Resource Area: An Ecological
Restoration Limited Project that meets the requirements of 310 CMR 10.24(8) may result in the
temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to
another when such loss is necessary to the achievement of the project’s ecological restoration goals.
(b)Exemption from wildlife habitat evaluation: A NOI for an Ecological Restoration Limited Project that
meets the minimum requirements for Ecological Restoration Projects and for a MassDEP Combined
Application outlined in 310 CMR 10.12(1) and (2) is exempt from providing a wildlife habitat evaluation
(310 CMR 10.60).
(c)The following are considerations for applicants filing an Ecological Restoration Limited Project NOI
and for the issuing authority approving a project as an Ecological Restoration Limited Project:
The condition of existing and historic Resource Areas proposed for restoration.
Evidence of the extent and severity of the impairment(s) that reduce the capacity of the Resource
Areas to protect and sustain the interests identified in M.G.L. c. 131, § 40.
The magnitude and significance of the benefits of the Ecological Restoration Project in improving
the capacity of the affected Resource Areas to protect and sustain the other interests identified in
M.G.L. c. 131, § 40.
The magnitude and significance of the impacts of the Ecological Restoration Project on existing
Resource Areas that may be modified, converted and/or lost and the interests for which said
Resource Areas are presumed significant in 310 CMR 10.00, and the extent to which the project
will:
a.avoid adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40,
that can be avoided without impeding the achievement of the project’s ecological restoration
goals.
b.minimize adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, §
40, that are necessary to the achievement of the project’s ecological restoration goals.
c.utilize best management practices such as erosion and siltation controls and proper
construction sequencing to avoid and minimize adverse construction impacts to resource
areas and the interests identified in M.G.L. c. 131, § 40.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 2 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8))
Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if
your project qualifies as a Coastal Ecological Restoration Limited Project. (310 CMR 10.24(8)) Sign
the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting
documentation and the Eligibility Certification to your Notice of Intent Application.
General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects
Notwithstanding the requirements of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58,
and the Wildlife Habitat evaluations in 310 CMR 10.60, the Issuing Authority may issue an Order of
Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.24(8)(e) as an
Ecological Restoration Limited Project and impose such conditions as will contribute to the interests
identified in the WPA M.G.L. provided that the project meets all the requirements in 310 CMR 10.24
(8).
The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type
listed below [310 CMR 10.24(8)(e)].
Tidal Restoration.
Shellfish Habitat Restoration.
Other Ecological Restoration Limited Project Type.
The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below.
Protection of public or private water supply.
Protection of ground water supply.
Flood control.
Storm damage prevention.
Prevention of pollution.
Protection of land containing shellfish.
Protection of fisheries.
Protection of wildlife habitat.
If the project will impact an area located within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written
determination is attached to the NOI submittal that the project will not have any adverse long-term
and short-term effects on specified habitat sites of Rare Species or the project will be carried out
in accordance with an approved NHESP habitat management plan.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 3 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects (cont.)
If the project is located in a Coastal Dune or Barrier Beach, the project avoids and minimizes
armoring of the Coastal Dune or Barrier Beach to the maximum extent practicable.
The project complies with all applicable provisions of 310 CMR 10.24(1) through (6) and 310 CMR
10.24(9) and (10).
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure
that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain
the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.
This Ecological Restoration Limited Project application meets the eligibility criteria for Ecological
Restoration Limited Project [310 CMR 10.24(8)(a) through (d) and as proposed, furthers at least
one of the WPA interests is for the project type identified below.
Tidal Restoration Projects
A project to restore tidal flow that will not significantly increase flooding or storm damage
impacts to the built environment, including without limitation, buildings, wells, septic
systems, roads or other man-made structures or infrastructure.
Shellfish Habitat Restoration Projects
The project has received a Special Projects Permit from the Division of Marine Fisheries
or, if a municipality, has received a shellfish propagation permit.
The project is made of cultch (e.g., shellfish shells from oyster, surf or ocean clam) or is a
structure manufactured specifically for shellfish enhancement (e.g., reef blocks, reef balls,
racks, floats, rafts, suspended gear).
Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR
10.24(8)(a) through (d).
Restoration, enhancement, or management of Rare Species habitat.
Restoration of hydrologic and habitat connectivity.
Removal of aquatic nuisance vegetation to impede eutrophication.
Thinning or planting of vegetation to improve habitat value.
Fill removal and re-grading.
Riparian corridor re-naturalization.
River floodplain re-connection.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 4 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
In-stream habitat enhancement.
Remediation of historic tidal wetland ditching.
Eelgrass restoration.
Invasive species management.
Installation of fish passage structures.
Other. Describe:
This project involves the construction, repair, replacement or expansion of public or private
infrastructure (310 CMR 10.24(9).
The NOI attachment labeled is an operation and maintenance plan to ensure that the
infrastructure will continue to function as designed.
The operation and maintenance plan will be implemented as a continuing condition in the
Order of Conditions and the Certificate of Compliance.
This project proposes to replace an existing stream crossing (310 CMR 10.24(10). The
crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent
practicable with details provided in the NOI. The crossing type:
Replaces an existing non-tidal crossing that is part of an Anadromous/Catadromous Fish
Run (310 CMR 10.35)
Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be
eliminated to the maximum extent practicable.
At a minimum, in evaluating the potential to comply with the standards to the maximum extent
practicable the following criteria have been consider site constraints in meeting the standard,
undesirable effects or risk in meeting the standard, and the environmental benefit of meeting
the standard compared to the cost, by evaluating the following:
The potential for downstream flooding;
Upstream and downstream habitat (in-stream habitat, wetlands);
Potential for erosion and head-cutting;
Stream stability;
Habitat fragmentation caused by the crossing;
The amount of stream mileage made accessible by the improvements;
Storm flow conveyance;
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 5 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
Engineering design constraints specific to the crossing;
Hydrologic constraints specific to the crossing;
Impacts to wetlands that would occur by improving the crossing;
Potential to affect property and infrastructure; and
Cost of replacement.
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4))
Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if
your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign
the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting
documentation and the Eligibility Certification to your Notice of Intent Application.
General Eligibility Criteria for All Inland Ecological Restoration Limited Projects
Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR
10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions
permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological
Restoration Limited Project and impose such conditions as will contribute to the interests identified in
M.G.L. c. 131, § 40, provided that:
The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type
listed below [310 CMR 10.53(4)(e)].
Dam Removal
Freshwater Stream Crossing Repair and Replacement
Stream Daylighting
Tidal Restoration
Rare Species Habitat Restoration
Restoring Fish Passageways
Other (describe project type):
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 6 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
General Eligibility Criteria for All Inland Ecological Restoration Limited Projects
The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below.
Protection of public or private water supply
Protection of ground water supply
Flood control
Storm damage prevention
Prevention of pollution
Protection of land containing shellfish
Protection of fisheries
Protection of wildlife habitat
If the project will impact an area located within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written
determination is attached to the NOI submittal that the project will have no adverse long-term and
short-term effects on specified habitat sites of Rare Species or the project will be carried out in
accordance with an approved NHESP habitat management plan.
The project will be carried out in accordance with any time of year restrictions or other conditions
recommended by the Division of Marine Fisheries for coastal waters and the Division of Fisheries
and Wildlife in accordance with 310 CMR 10.11(3).
If the project involves the dredging of 100 cubic yards of sediment or more or dredging of any
amount in an Outstanding Resource Water, a Water Quality Certification has been applied for or
obtained.
The project complies with all applicable provisions of 310 CMR 10.53(1), (2), (7), and (8).
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 7 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
Additional Eligibility Criteria for Specific Inland Ecological Restoration Limited Project Types
These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure
that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain
the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.
This project application meets the eligibility criteria for Ecological Restoration Limited Project in
accordance with [310 CMR 10.53(4)(a) through (d) and as proposed, furthers at least one of the
WPA interests is for the project type identified below:
Dam Removal
Project is consistent with MassDEP’s 2007 Dam Removal Guidance.
Freshwater Stream Crossing Repair and Replacement. The project as proposed and the
NOI describes how:
Meeting the eligibility criteria set forth in 310 CMR 10.13 would result in significant stream
instability or flooding hazard that cannot otherwise be mitigated, and site constraints make
it impossible to meet said criteria.
The project design ensures that the stability of the bank is NOT impaired.
To the maximum extent practicable, the project provides for the restoration of the stream
upstream and downstream of the structure as needed to restore stream continuity and
eliminate barriers to aquatic organism movement.
The project complies with the requirements of 310 CMR 10.53(7) and (8).
Stream Daylighting Projects
The project meets the eligibility criteria for Ecological Restoration Limited Project [310
CMR 10.53(4)(a) through (d)] and as proposed the NOI describes how the proposed
project meets to the maximum extent practicable, consistent with the project’s ecological
restoration goals, all the performance standards for Bank and Land Under Water Bodies
and Waterways.
The project meets the requirements of 310 CMR 10.12(1) and (2) and a wildlife habitat
evaluation is not included in the NOI.
Tidal Restoration Project
Restores tidal flow.
the project, including any proposed flood mitigation measures, will not significantly
increase flooding or storm damage to the built environment, including without limitation,
buildings, wells, septic systems, roads or other man-made structures or infrastructure.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 8 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.53 (4)
(a) through (d).
Restoration, enhancement, or management of Rare Species habitat.
Restoration of hydrologic and habitat connectivity.
Removal of aquatic nuisance vegetation to impede eutrophication.
Thinning or planting of vegetation to improve habitat value.
Riparian corridor re-naturalization.
River floodplain re-connection.
In-stream habitat enhancement.
Fill removal and re-grading.
Flow restoration.
Installation of fish passage structures.
Invasive species management.
Other. Describe:
This project involves the construction, repair, replacement or expansion of public or private
infrastructure. (310 CMR 10.53(7))
The NOI attachment labeled is an operation and maintenance plan to ensure that the
infrastructure will continue to function as designed.
The operation and maintenance plan will be implemented as a continuing condition in the
Order of Conditions and the Certificate of Compliance.
This project replaces an existing stream crossing (310 CMR 10.53(8)). The crossing type:
Replaces an existing non-tidal crossing designed to comply with the Massachusetts Stream
Crossing Standards to the maximum extent practicable with details provided in the NOI.
Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be
eliminated to the maximum extent practicable.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 9 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
At a minimum, in evaluating the potential to comply with the standards to the maximum extent
practicable the following criteria have been consider site constraints in meeting the standard,
undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the
standard compared to the cost, by evaluating the following:
The potential for downstream flooding;
Upstream and downstream habitat (in-stream habitat, wetlands);
Potential for erosion and head-cutting;
Stream stability;
Habitat fragmentation caused by the crossing;
The amount of stream mileage made accessible by the improvements;
Storm flow conveyance;
Engineering design constraints specific to the crossing;
Hydrologic constraints specific to the crossing;
Impacts to wetlands that would occur by improving the crossing;
Potential to affect property and infrastructure; and
Cost of replacement.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 10 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Required Actions (310 CMR 10.11)
Complete the Required Actions before submitting a Notice of Intent Application for an Ecological
Restoration Project and submit a completed copy of this Checklist with the Notice of Intent.
Massachusetts Environmental Policy Act (MEPA) / Environmental Monitor
https://www.mass.gov/service-details/the-environmental-monitor
For Ecological Restoration Limited Projects, there are no changes to MEPA requirements.
Submit written notification at least 14 days prior to the filing of a Notice of Intent (NOI) to the
Environmental Monitor for publication. A copy of the written notification is attached and provides at
minimum:
A brief description of the proposed project.
The anticipated NOI submission date to the conservation commission.
The name and address of the conservation commission that will review the NOI.
Specific details as to where copies of the NOI may be examined or acquired and where to obtain
the date, time, and location of the public hearing.
Massachusetts Endangered Species Act (MESA) /Wetlands Protection Act Review
Preliminary Massachusetts Endangered Species Act Review from the Natural Heritage and
Endangered Species Program (NHESP) has been met and the written determination is attached.
Supplemental Information for Endangered Species Review has been submitted.
1. Percentage/acreage of property to be altered:
a. Within Wetland Resource Area
Percentage/acreage
b. Outside Wetland Resource Area
Percentage/acreage
2. Assessor’s Map or right-of-way plan of site
3. 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.
4. Project description (including description of impacts outside of wetland resource area
& buffer zone)
5. Photographs representative of the site
6. MESA filing fee (fee information available at
https://www.mass.gov/how-to/how-to-file-for-a-mesa-project-review)
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 11 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Required Actions (310 CMR 10.11) (cont.)
Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP:
Natural Heritage & Endangered Species Program
MA Division of Fisheries & Wildlife
1 Rabbit Hill Road
Westborough, MA 01581
7. Projects altering 10 or more acres of land, also submit:
a. Vegetation cover type map of site
b. Project plans showing Priority & Estimated Habitat boundaries
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/ma-endangered-species-act-mesa-overview; the NOI
must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR
10.37 and 10.59 – see C4 below)
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.
Estimated Habitat Map of State-Listed Rare Wetlands Wildlife
If a portion of the proposed project is 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), complete the portion below. To
view habitat maps, see the Massachusetts Natural Heritage Atlas or view the maps
electronically at: https://www.mass.gov/guides/masswildlife-publications#-massachusetts-natural-
heritage-atlas-
A preliminary written determination from Natural Heritage and Endangered Species Program
(NHESP) must be obtained indicating that:
Project will NOT have long- or short-term adverse effect on the actual Resource Area
located within estimated habitat indicated on the most recent Estimated Habitat Map of
State-Listed Rare Wetlands Wildlife published by NHESP.
Project will have long- or short-term adverse effect on the actual Resource Area located
within estimated habitat indicated on the most recent Estimated Habitat Map of State-
Listed Rare Wetlands Wildlife published by NHESP. A copy of NHESP’s written
preliminary determination in accordance with 310 CMR 10.11(2) is attached. This
specifies:
Date of the map:
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 12 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Required Actions (310 CMR 10.11) (cont.)
If the Rare Species identified is/are likely to continue to be located on or near the project,
and if so, whether the Resource Area to be altered is in fact part of the habitat of the Rare
Species.
That if the project alters Resource Area(s) within the habitat of a Rare Species:
The Rare Species is identified;
NHESP’s recommended changes or conditions necessary to ensure that the project will
have no short or long term adverse effect on the habitat of the local population of the Rare
Species is provided; or
An approved NHESP habitat management plan is attached with this Notice of Intent.
Send the request for a preliminary determination to:
Natural Heritage & Endangered Species Program
MA Division of Fisheries & Wildlife
1 Rabbit Hill Road
Westborough, MA 01581
Division of Marine Fisheries
If the project will occur within a coastal waterbody with a restricted Time of Year, [see
Appendix B of the Division of Marine Fisheries (DMF) Technical Report TR 47 “Marine Fisheries
Time of Year Restrictions (TOYs) for Coastal Alteration Projects” dated April 2011
https://www.nae.usace.army.mil/Portals/74/docs/regulatory/StateGeneralPermits/MA/TR-47.pdf].
Obtain a DMF written determination stating:
The proposed work does NOT require a TOY restriction.
The proposed work requires a TOY restriction. Specific recommended TOY restriction and
recommended conditions on the proposed work is attached.
If the project may affect a diadromous fish run [re: Division of Marine Fisheries (DMF)
Technical Reports TR 15 through 18, dated 2004: https://www.mass.gov/service-details/marine-
fisheries-technical-reports]
Obtain a DMF written determination stating:
The design specifications and operational plan for the project are compatible with the
passage requirements of the fish run.
The design specifications and operational plan for the project are not compatible with
the passage requirements of the fish run.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 13 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Required Actions (310 CMR 10.11) (cont.)
Send the request for a written or electronic determination to:
South Shore – Bourne to Rhode Island border,
and the Cape & Islands:
Division of Marine Fisheries –
South Coast Field Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
Email: DMF.EnvReview-South@state.ma.us
North Shore – Plymouth to New Hampshire
border:
Division of Marine Fisheries –
North Shore Field Station
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Email: DMF.EnvReview-North@state.ma.us
Division of Fisheries and Wildlife – https://www.mass.gov/orgs/division-of-fisheries-and-wildlife
Projects that involve silt-generating, in-water work that will impact a non-tidal perennial river or
stream and the in-water work will not occur between May 1 and August 30.
Obtain a written determination from the Division of Fisheries and Wildlife (DFW) as to whether
the proposed work requires a TOY restriction.
The proposed work does NOT require a TOY restriction.
The proposed work requires a TOY restriction. The DFW determination with TOY
restriction and other conditions is attached.
MassDEP Water Quality Certification
Project involves dredging of 100 cubic yards or more in a Resource Area or dredging of any
amount in an Outstanding Resource Water (ORW). A copy and proof of the MassDEP Water
Quality Certification pursuant to 314 CMR 9.00 is attached to the NOI.
This project is a Combined Permit Application for 401 Dredging and Restoration (BRP WW 26).
MassDEP Wetlands Restriction Order
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)?
Yes No
Department of Conservation and Recreation
Office of Dam Safety
For Dam Removal Projects, obtain a written determination from the Department of Conservation
and Recreation Office of Dam Safety that the dam is not subject to the jurisdiction of the Office
under 302 CMR 10.00, a written determination that the dam removal does not require a permit
under 302 CMR 10.00 or a permit authorizing the dam removal in accordance with 302 CMR
10.00 has been issued.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 14 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Required Actions (310 CMR 10.11) (cont.)
Areas of Critical Environmental Concern (ACECs)
Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or
MassDEP Website for ACEC locations).
Name of ACEC
Minimum Required Documents (310 CMR 10.12)
Complete the Required Documents Checklist below and provide supporting materials before submitting a
Notice of Intent Application for an Ecological Restoration Project.
This Notice of Intent meets all applicable requirements outlined in for Ecological Restoration Projects
in 310 CMR 10.12. Use the checklist below to ensure that all documentation is included with the NOI.
At a minimum, a Notice of Intent for an Ecological Restoration Project shall include the following:
Description of the project’s ecological restoration goals;
The location of the Ecological Restoration Project;
Description of the construction sequence for completing the project;
A map of the Areas Subject to Protection Under M.G.L. c. 131, § 40, that will be temporarily or
permanently altered by the project or include habitat for Rare Species, Habitat of Potential Regional
and Statewide Importance, eel grass beds, or Shellfish Suitability Areas.
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.) is attached with
documentation methodology.
List the titles and dates for all plans and other materials submitted with this NOI.
Restoration Plan
a. Plan Title
Crawford Land Management
b. Prepared by
c. Signed and Stamped by
8/22/24
d. Final Revision Date
1" = 10'
e. Scale
Site Plan - Showing Existing Conditions by Ryder & Wilcox, Inc.
f. Additional Plan or Document Title
5/21/24
g. Date
If there is more than one property owner, attach a list of these property owners not listed on this
form.
Attach NOI Wetland Fee Transmittal Form.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 15 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Minimum Required Documents (310 CMR 10.12)
An evaluation of any flood impacts that may affect the built environment, including without
limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure as
well as any proposed flood impact mitigation measures;
A plan for invasive species prevention and control;
The Natural Heritage and Endangered Species Program written determination in accordance with
310 CMR 10.11(2), if needed;
Any Time of Year restrictions and/or other conditions recommended by the Division of Marine
Fisheries or the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3), (4), (5), if
needed;
Proof that notice was published in the Environmental Monitor as required by 310 CMR 10.11(1;
A certification by the applicant under the penalties of perjury that the project meets the eligibility
criteria set forth in 310 CMR 10.13;
If the Ecological Restoration Project involves the construction, repair, replacement or expansion of
infrastructure, an operation and maintenance plan to ensure that the infrastructure will continue to
function as designed;
If the project involves dredging of 100 cubic yards or more or dredging of any amount in an
Outstanding Resource Water, a Water Quality Certification issued by the Department pursuant to
314 CMR 9.00;
If the Ecological Restoration Project involves work on a stream crossing, information sufficient to
make the showing required by 310 CMR 10.24(10) for work in a coastal resource area and 310
CMR 10.53(8) for work in an inland resource area; and
If the Ecological Restoration Project involves work on a stream crossing, baseline photo-points
that capture longitudinal views of the crossing inlet, the crossing outlet and the upstream and
downstream channel beds during low flow conditions. The latitude and longitude coordinates of
the photo-points shall be included in the baseline data.
This project is subject to provisions of the MassDEP Stormwater Management Standards. A copy
of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR
10.05(6)(k)-(q) is attached.
Provide information as the whether the project has the potential to impact private water supply
wells including agricultural or aquacultural wells or surface water withdrawal points.
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 16 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
Certification that the Ecological Restoration Project Meets the
Eligibility Criteria
I hereby certify under penalties of perjury that the Ecological Restoration Project Notice of Intent
application does not meet the Eligibility criteria for an Ecological Restoration Order of Conditions set
forth in 310 CMR 10.13, but does meet the Eligibility Criteria for a Ecological Restoration Limited
Project set forth in 10.24(8) or 10.53(4) whichever is applicable. I certify that I am familiar with the
information contained in the application, and that to the best of my knowledge and belief such
information is true, complete, and accurate. I further certify that I possess the authority to undertake
the proposed activities.
Signature of Applicant or Authorized Agent
Printed Name of Applicant or Authorized Agent
Date
The certification must be signed by the applicant; however, it may be signed by a duly authorized
agent (named in Item 2) if this form is accompanied by a statement by the applicant designating the
agent and agreeing to furnish upon request, supplemental information in support of the application.
Docusign Envelope ID: 994D97F1-4943-47BE-9559-736ECCCC2E68
Julia Python 8/12/2024
wpaform3.doc • rev. 12/4/2023 Page 1 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
City/Town
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.General Information
1.Project Location (Note: electronic filers will click on button to locate project site):
a. Street Address b. City/Town c. Zip Code
Latitude and Longitude: d. Latitude e. Longitude
f. Assessors Map/Plat Number g. Parcel /Lot Number
2.Applicant:
a. First Name b. Last Name
c. Organization
d. Street Address
e. City/Town f. State 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
a. First Name b. Last Name
c. Organization
d. Street Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email address
4.Representative (if any):
a. First Name b. Last Name
c. Company
d. Street Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email address
5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid
Additional Owner List
Project location: 140 Baxter Avenue, West Yarmouth, MA 02673
Parcel ID: Map 29, Parcel 80
Deed reference: Barnstable Registry of Deeds: Book 20986, Page 89
Applicant/owners: Elizabeth Brown
Mailing address: 140 Baxter Avenue, West Yarmouth, MA 02673
Project location: 31 Grist Mill Lane, West Yarmouth, MA 02673
Parcel ID: Map 29, Parcel 70
Deed reference: Barnstable Registry of Deeds: Book 29939, Page 187
Applicant/owners: John & Julia Python
Mailing address: 8 Thistle Lane, Glenmont, NY 12077
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
City/Town
A. General Information (continued)
6.General Project Description:
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:
a. County b. Certificate # (if registered land)
c. Book 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
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
City/Town
B.Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
For all projects
affecting other
Resource Areas,
please attach a
narrative
explaining how
the resource
area was
delineated.
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
c.Land Under
Waterbodies and
Waterways
1. square feet 2. square feet
3. cubic yards dredged
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
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
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 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
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
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 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
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. Assessor’s 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
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
City/Town
C. Other Applicable Standards and Requirements (cont’d)
(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 MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP’s 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
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
City/Town
C. Other Applicable Standards and Requirements (cont’d)
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
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)?
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
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
City/Town
D. Additional Information (cont’d)
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.),
and attach documentation of the methodology.
4. List the titles and dates for all plans and other materials submitted with this NOI.
a. Plan Title
b. Prepared By
c. Signed and Stamped by
d. Final Revision Date
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:
2. Municipal Check Number
3. Check date
4. State Check Number
5. Check date
6. Payor name on check: First Name
7. Payor name on check: Last Name
wpaform3.doc • rev. 12/4/2023 Page 9 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
City/Town
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 2. Date
3. Signature of Property Owner (if different)4. Date
5. Signature of Representative (if any)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 city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the “yes” box in any part of Section C, Item 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.
Docusign Envelope ID: 994D97F1-4943-47BE-9559-736ECCCC2E68
8/7/2024
8/12/2024
8/12/2024
Yarmouth
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
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
A. Applicant Information
1. Location of Project:
a. Street Address
b. City/Town
c. Check number
d. Fee amount
2. Applicant Mailing Address:
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
3. Property Owner (if different):
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
To calculate
filing fees, refer
to the category
fee list and
examples in the
instructions for
filling out WPA
Form 3 (Notice of
Intent).
B. Fees
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
3/Individual
Activity Fee
Step 4/Subtotal Activity
Fee
Step 5/Total Project Fee:
Step 6/Fee Payments:
Total Project Fee: a. Total Fee from Step 5
State share of filing Fee: b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: 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.)
Notification to Environmental Monitor under 310 CMR 10.11
To: Environmental Monitor
From: Crawford Land Management
Date: August 6, 2024
Re: Notification of filing a Notice of Intent for proposed activities as an Ecological Restoration Project
Applicant: Julia Python
Project Location(s): 140 Baxter Avenue, Yarmouth, MA – Parcel ID: 29-80
31 Grist Mill Lane, Yarmouth, MA – Parcel ID: 29-70
NOI Submission: On or before August 22nd, 2024
Project Description: This Ecological Restoration Limited Project is for proposed management of existing
invasive common reed (Phragmites australis) within a salt marsh as well as other invasive vegetation
within the buffer zone to the wetland resource areas. The area for invasive species management spans
two properties, 140 Baxter Avenue and 31 Grist Mill Lane. The total area proposed for Phragmites
management on both properties is approximately 10,050 square feet and the total area proposed for
invasive species management in the upland is 3,250 square feet. Phragmites will be bundled, cut, and
treated using a wetland approved herbicide. The area will be monitored and managed for re-growth in
the following seasons using a swipe method in which a wetland approved herbicide is applied to stalks
and leaves. The environmental impact on the Phragmites management area will be temporary and no
soil disturbance will occur. Once the invasive vegetation is removed, native salt marsh vegetation
should recolonize any areas previously occupied by Phragmites reed, providing a healthy native habitat
that is supportive of the local ecosystem.
Reviewing Conservation Commission: Yarmouth Conservation Commission, 1146 Route 28, South
Yarmouth, MA 02664, T: 508-398-2231
Public Hearing Info: The public hearing schedule and agendas can be viewed on the Town of Yarmouth
Conservation Commission website located at: https://www.yarmouth.ma.us/326/Conservation-
Commission. The public hearing is anticipated to open on Thursday, September 5th, 2024 at 5:00 pm.
More Information: Copies of the NOI application may be obtained from the Yarmouth Conservation
Commission, or you may contact the applicant’s representative: Crawford Land Management, 88 Route
6A, Suite 2B, Sandwich, MA 02563, T: 508-477-1346, by email: admin@crawfordlm.com.
140 Baxter Avenue, Yarmouth- USGS Locus Map
Property Tax Parcels
29/ 69/ / /
YAFFE KATHERINE
76 DASCOMB RD
ANDOVER, MA 01810
29/ 80/ / /
BROWN NELSON W
BROWN ELIZABETH H
140 BAXTER AVE
WEST YARMOUTH, MA 02673
29/ 77/ / /
BECOTTE MICHAEL J TRS
GIFFORD SUSAN M TRS
136 HILLSIDE RD
NORTH ANDOVER, MA 01845
29/ 78/ / /
GOLD ROBERT J
GOLD MARY L
134 BAXTER AVE
WEST YARMOUTH, MA 02673
29/ 79/ / /
BOLLIGER LINDA A TRS
BOLLIGER GLEN A TRS
138 BAXTER AVE
WEST YARMOUTH, MA 02673
29/ 72/ / /
DEVONIS ELIZABETH A
DEVONIS SAMUEL EARL
108 TALLMAN AVE
CRANSTON, RI 02910
29/ 71/ / /
MCCARNEY JAMES G
MCCARNEY THOMAS F
124 VANDERBILT RD
MANHASSET, NY 11030
29/ 70/ / /
PYTHON JOHN PATRICK
LOUGHMAN JULIA F
8 THISTLE LN
GLENMONT, NY 12077
Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:31 Grist Mill Ln., West Yarmouth, MA 02673Assessors Map 29, Lot 70______________________________________Andy Machado, Director of AssessingAugust 1, 2024
29/ 82/ / /
JOSELOW RITA
50 POPHAM RD - 2C
SCARSDALE, NY 10583
29/ 104.1/ / /
BRYAN TIMOTHY M
GROVER KATHERINE
7 BROOK MEADOW CIR
FRAMINGHAM, MA 01701
29/ 81/ / /
BAXTER AVE REALTY TRUST
C/O JOSELOW RITA
50 POPHAM RD
SCARSDALE, NY 10583
29/ 69/ / /
YAFFE KATHERINE
76 DASCOMB RD
ANDOVER, MA 01810
29/ 80/ / /
BROWN NELSON W
BROWN ELIZABETH H
140 BAXTER AVE
WEST YARMOUTH, MA 02673
29/ 20/ / /
NELSON CHARLES J
NELSON BEVERLY S
3 HARBOR RD
WEST YARMOUTH, MA 02673
29/ 21/ / /
CHAVOOR KYLE A TR
C/O CHAVOOR RANDY A
34 WESTLAND CIR
WEST BOYLSTON, MA 01583
29/ 78/ / /
GOLD ROBERT J
GOLD MARY L
134 BAXTER AVE
WEST YARMOUTH, MA 02673
29/ 79/ / /
BOLLIGER LINDA A TRS
BOLLIGER GLEN A TRS
138 BAXTER AVE
WEST YARMOUTH, MA 02673
29/ 71/ / /
MCCARNEY JAMES G
MCCARNEY THOMAS F
124 VANDERBILT RD
MANHASSET, NY 11030
29/ 70/ / /
PYTHON JOHN PATRICK
LOUGHMAN JULIA F
8 THISTLE LN
GLENMONT, NY 12077
Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:140 Baxter Ave., West Yarmouth, MA 02673Assessors Map 29, Lot 80______________________________________Andy Machado, Director of AssessingAugust 1, 2024
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,
you are hereby notified of the following:
A.
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 ______________________________
D.Proposed work is _____________________________________________________________
____________________________________________________________________________
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 ___________________________________
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 _______________________________________
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.
140 Baxter Ave & 31 Grist Mill Ln
Management of common reed (Phragmites australis), Japanese knotweed
(Fallopia japonica), and other invasive/non-native vegetation and installation of native plants.
(508) 477-1346
Crawford Land Management
88 Route 6A, Suite 2B
Sandwich MA 02563
(508) 477-1346
The name of the applicant is ___________ Julia Python_____________________________________
STATEMENT OF AUTHORIZATION FOR REPRESENTATION
Project: Proposed invasive species management
Location: 140 Baxter Avenue, Yarmouth
Property Owner: Elizabeth H. Brown
I hereby authorize Crawford Land Management to act on my behalf regarding the submission and
processing of a Notice of Intent for an Ecological Restoration Project. In addition, I hereby authorize
Crawford Land Management to provide, as necessary, supplemental information in support of these
permit applications.
Owner’s Signature:
____________________________________________________________ Date: ________________________
Print Name: ________________________________________________________________________________
Docusign Envelope ID: 994D97F1-4943-47BE-9559-736ECCCC2E68
Elizabeth Brown
8/7/2024
STATEMENT OF AUTHORIZATION FOR REPRESENTATION
Project: Proposed invasive species management
Location: 31 Grist Mill Lane, Yarmouth
Property Owner(s): John Patrick & Julia Python
I/we hereby authorize Crawford Land Management to act on my/our behalf regarding the submission
and processing of a Notice of Intent for an Ecological Restoration Project. In addition, I/we hereby
authorize Crawford Land Management to provide, as necessary, supplemental information in support
of these permit applications.
Owner’s Signature:
____________________________________________________________ Date: ________________________
Print Name: ________________________________________________________________________________
Docusign Envelope ID: 994D97F1-4943-47BE-9559-736ECCCC2E68
Julia Python
8/12/2024
July 30th, 2024
Yarmouth Conservation Commission
Town of Yarmouth
1146 Route 28
Yarmouth, MA 02664
Re: Notice of Intent for an Ecological Restoration Project Application
Project Address: 140 Baxter Avenue and 31 Grist Mill Lane, Yarmouth, MA
To whom it may concern,
We are the property owners at 31 Grist Mill Lane and have reviewed the documents in this
Notice of Intent for an Ecological Restoration Project application. We are in support of this
application and all coinciding work proposed on our property.
Regards,
John Patrick & Julia Python, property owners
Docusign Envelope ID: 994D97F1-4943-47BE-9559-736ECCCC2E68
Land Management Plan
& Project Narrative
88 Route 6A, Suite 2B
Sandwich MA
508.477.1346
info@crawfordlm.com
WWW.CRAWFORDLM.COM
PREPARED FOR
140 Baxter Avenue & 31 Grist Mill Lane
West Yarmouth, MA 02673
DATE
August 22nd, 2024
2
PROJECT INTRODUCTION
Proposed work is located at 140 Baxter Avenue and 31 Grist Mill Lane in Yarmouth abutting Mill Creek to
the East. This project proposes the restoration of a substantial area of invasive common reed (Phragmites
australis), as well as the restoration of upland vegetation within the resource area buffer zones. Resource
areas on the property include Salt Marsh and Land Subject to Coastal Storm Flowage (Flood Zone AE - El. 13).
AERIAL PHOTO COURTESY OF MASSMAPPER.
3
EXISTING CONDITIONS
Both 140 Baxter Avenue and 31 Grist Mill Lane are developed as single-family residences abutting Mill Creek.
The naturalized area on 140 Baxter Avenue is largely characterized by invasive and non-native vegetation.
There is a large stand of invasive common reed (Phragmites australis) within the existing Salt Marsh
resource area. There is also a substantial stand of Japanese knotweed (Fallopia japonica) on the adjacent
property, a portion of which is encroaching on the southern corner/property line of the subject property.
The remaining portion of the upland is largely dominated by invasive species like Oriental bittersweet
(Celastrus orbiculatus), garlic mustard (Alliaria petiolata), and multi-flora rose (Rosa multiflora) as well as
native aggressive species like brambles (Rubus sp.) and virginia creeper (Parthenocissus quinquefolia). There
are several native specimens of black cherry (Prunus serotina) and eastern red cedar (Juniperus virginiana)
which are covered with invasive vines, primarily Oriental bittersweet. Other instances of native vegetation
observed within the naturalized area include tupelo saplings (Nyssa sylvatica), sumac seedlings (Rhus sp.)
and hightide bush (Iva frutescens). The naturalized area on 31 Grist Mill Lane is more limited in size, but
much of it is dominated by invasive common reed, as well as a small amount of invasive vegetation, such as
Oriental bittersweet and garlic mustard.
LARGE STAND OF INVASIVE COMMON REED IN THE SALT MARSH & WETLAND
STAND OF JAPANESE KNOTWEED ENCROACHINGUPLAND IS PRIMARILY INVASIVE/AGGRESSIVE VEGETATION
4
PROPOSED PROJECT ACTIVITIES
This project proposes to manage a substantial stand of Phragmites that exists in the Salt Marsh on the two
properties. The project also proposes the restoration of the upland areas, which are dominated by invasive
and aggressive vegetation such as Japanese knotweed and Oriental bittersweet. The area for Phragmites
management at 140 Baxter Avenue is approximately 9,350 square feet, and the area at 31 Grist Mill Lane
is approximately 700 square feet. Treating all instances of Phragmites on both properties will ensure more
effective control of the invasive reed and limit its chances of continuing to recolonize in the area. The upland
area for restoration on 140 Baxter Avenue is approximately 2,900 square feet, approximately 820 square feet
of which is dominated by Japanese knotweed, and the area for upland restoration on 31 Grist Mill Lane is
approximately 350 square feet.
Where dense enough, Phragmites stalks for treatment will be bundled into groupings with a biodegradable
jute/twine and the groupings will be cut. An EPA-approved aquatic herbicide with Glyphosate as the active
ingredient will be applied directly to the cut stems. Stalks too small to bundle will be treated with either a
low-volume foliar method or wiped with tongs/sponges. All treatments will be completed by a state-licensed
and -insured pesticide applicator, and all work will be overseen by a Certified Ecological Restoration
Practitioner. A detailed timeline for management activities is provided below.
Japanese knotweed will be treated using a stem injection method using an appropriate Glyphosate-based
herbicide. A stem injection method delivers herbicide directly into the stalk and carries it to the root material.
All other vegetation for treatment will be treated with a cut and wipe (direct stem) application method. All
debris will be disposed of off-site. Management would be ongoing for a minimum of 3 years.
PROJECT ACTIVITY TIMELINE
FALL 2024
PHRAGMITES MANAGEMENT AREA
• Where stalks occur densely enough, bundle, cut and treat cut ends using a Glyphosate-based
herbicide specially formulated for use around aquatic environments.
• If stalks are sparse, cut stalks individually and treat with an appropriate herbicide.
• If stalks are too small to cut and treat, use a swipe method to apply an appropriate herbicide to the
stalks and leaves.
JAPANESE KNOTWEED MANAGEMENT AREA
• Treat stalks using a stem injection method with a Glyphosate-based product between the nodes
inside the stem.
WINTER 2024/EARLY SPRING 2025
PHRAGMITES MANAGEMENT AREA
• Cut and remove old/dead stalks and dispose of off-site.
JAPANESE KNOTWEED MANAGEMENT AREA
• Cut and remove old/dead stalks and dispose of off-site.
NON-NATIVE SPECIES MANAGEMENT AREA
• Treat and remove all approved invasive, non-native or aggressive vegetation using an appropriate
herbicide (Glyphosate-based or Triclopyr-based) using a cut and wipe method.
• Vegetation to be flush cut leaving the roots in place to maintain soil stability.
5
• Seed all exposed soils with the specified Restoration Seed Mix and cover with a thin layer of clean
hardwood wood chips or hydro-seed with the ProGanics biotic soil media/FlexTerra erosion control
system.
• Rejuvenate any native shrub specimens uncovered in the restoration area, if needed, with regenerative
pruning techniques to encourage new, dense growth.
FALL 2025 OR SPRING 2026
RESTORATION PLANTINGS
• Restoration plantings may be installed once invasive species have achieved at least 80% control.
• Install a temporary, above-ground irrigation system after planting to provide supplemental water to all
plantings for 2-3 growing seasons or until plants are fully established.
2024-2026 GROWING SEASON
ANNUAL MAINTENANCE
• Monitor restoration area and perform maintenance cut and wipe treatments or hand weed invasive,
non-native, or aggressive species that have germinated from existing seed bank or re-sprouted from
roots after removal.
• Manage re-growth of Phragmites stalks over the following seasons using a swipe method or low-
volume foliar spray to apply herbicide to the stalks and leaves, ideally in the late summer or early fall.
• Complete follow-up treatments of Japanese knotweed for several growing seasons to achieve
complete eradication. Knotweed which has grown back in a witch-broom-like manner should be
treated with a foliar application method on an as-needed basis with a Glyphosate-based product,
ideally in the late summer or early fall.
• Mow/cut cool season grasses in June to encourage establishment of warm-season grasses, if
necessary.
• Rejuvenate native shrub species, if needed, with regenerative pruning techniques to encourage new,
dense growth.
6
Performance Standards
Narrative
88 Route 6A, Suite 2B
Sandwich MA
508.477.1346
info@crawfordlm.com
WWW.CRAWFORDLM.COM
PREPARED FOR
140 Baxter Avenue & 31 Grist Mill Lane
West Yarmouth, MA 02673
DATE
August 22nd, 2024
7
310 CMR 10.00: The Wetlands Protection Act
10.32: Salt Marshes
(3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water
adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse
effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt
marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3)
shall not be construed to prohibit the harvesting of salt hay.
Only restoration activities would be completed within the salt marsh and its buffer zones.
Restoration activities would not destroy or have an adverse impact on the salt marsh, and would
ultimately improve its health and function by removing invasive common reed and allowing native
salt marsh species to recolonize.
(4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such as an
elevated walkway or other structure which has no adverse effects other than blocking sunlight from the
underlying vegetation for a portion of each day, may be permitted if such a project complies with all other
applicable requirements of 310 CMR 10.21 through 10.37.
No elevated walkway or other structure is proposed. Only restoration activities are proposed within
the salt marsh.
(5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a salt
marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through 10.14, 10.24(8),
and/or 10.53(4).
Management of invasive common reed is proposed, which will help restore the health and function
of the salt marsh by allowing native species to recolonize.
(6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted which
will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures
established under 310 CMR 10.37.
No habitat site of rare vertebrate or invertebrate species is identified on the property.
10.57: Land Subject to Flooding
(b) A proposed project in Isolated Land Subject to Flooding shall not result in the following:
1. Flood damage due to filling which causes lateral displacement of water that would otherwise be
confined within said area.
No filling is proposed. Only restoration activities are proposed within land subject to flooding.
2. An adverse effect on public and private water supply or ground water supply, where said area is
underlain by pervious material.
Public and private ground water supply would be improved as a result of proposed work, as
invasive common reed would be managed and native species would be able to recolonize, which
are better able to filter pollutants/excess nutrients and promote groundwater recharge.
3. An adverse effect on the capacity of said area to prevent pollution of the ground water, where the
area is underlain by pervious material which in turn is covered by a mat of organic peat and muck.
Public and private ground water supply would be improved as a result of proposed work, as
invasive common reed would be managed and native species would be able to recolonize, which
are better able to filter pollutants/excess nutrients and promote groundwater recharge.
8
4. An impairment of its capacity to provide wildlife habitat where said area is vernal pool habitat, as
determined by procedures contained in 310 CMR 10.60.
No vernal pool habitat is identified on the property.
(c) Notwithstanding the provisions of 310 CMR
10.57(4)(a) or (b), no project may be permitted which will have any adverse effect on
specified wildlife habitat sites of rare vertebrate or invertebrate species, as identified by
procedures established under 310 CMR 10.59.
No habitat site of rare vertebrate or invertebrate species is identified on the property.
9
Town of Yarmouth Wetland Protection Regulations
4.06: Salt Marshes
(3)(a) A proposed project in a salt marsh, on land within 100 feet from a salt marsh, or in a body of water
adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse
effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt
marsh vegetation shall be considered in evaluating adverse effects on productivity.
Only restoration activities would be completed within the salt marsh and its buffer zones.
Restoration activities would not destroy or have an adverse impact on the salt marsh, and would
ultimately improve its health and function by removing invasive common reed and allowing native
salt marsh species to recolonize..
(3)(b) Notwithstanding the provisions of section 4.06, (3), (a), a small project within a salt marsh, such as
an elevated walkway or other structure which has no adverse effects other than blocking sunlight from
the underlying vegetation for a portion of each day, may be permitted if such a project complies with all
other applicable requirements of these regulations.
No elevated walkway or other structure is proposed. Only restoration activities are proposed within
the salt marsh.
(3)(c) Notwithstanding the provisions of section 4.06, (3), (a), a project which will restore or rehabilitate
may be permitted; provided, however, that this section shall not be construed to allow the alteration of
one salt marsh on a given site by or contingent upon the creation or restoration of another.
Management of invasive common reed is proposed, which will help restore the health and function
of the salt marsh by allowing native species to recolonize.
4.10: Land Subject to Coastal Storm Flowage
(3)(a) 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:
The proposed project will not have an adverse effect on the functions of land subject to coastal
storm flowage. No land will be altered; only above-ground treatment and removal of invasive
common reed will be completed to allow native species to recolonize which will improve the
capacity of the resource area to contain flood waters, buffer inland areas, prevent pollution and
provide wildlife habitat.
(3)(c) Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a),
the following additional performance standards shall apply:
i. The new construction and footprint expansion of any building or other structure, road, impervious
surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and
Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet
above the BFE.
No new construction or expansion is proposed.
ii. No new construction or expansion of any structure that redirects or channelizes floods including
retaining walls, fences, and sea walls shall be permitted.
No new construction or expansion is proposed.
iii. With respect to any building or other structure, in the event of any substantial repair of the
foundation, any substantial improvement, the entire building or structure shall be elevated at least
two (2) feet above the BFE.
No substantial repair or improvement is proposed to any building or other structure.
10
6.01: Setbacks and Buffer Zones
(1) Notwithstanding section 6.01(2) below, no new structures, including swimming and spa pools (with the
exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas:
No new structure is proposed.
(2) Minor structures up to 140 square feet total coverage such as sheds, decks, and pervious patios may
be allowed closer than 50 feet to a Resource Area but no closer than 35 feet. With the exception of “Vista
Pruning” as outlined in section 6.03, a 35- foot undisturbed natural vegetative buffer shall be maintained
between all projects and Resource Areas mentioned in 6.01 (1), above to insulate wetland resource areas
from adverse impacts stemming from development elsewhere in the buffer zone.
No structure is proposed. The size of the existing vegetative buffer will be maintained as is.
(3) The following are prohibited within resource areas listed in 6.01 (1) and their 35-foot buffer zones:
(a) Lawn grasses including “Cape Cod Lawns”
(b) Landscaping
(c) Fertilizers
(d) Pesticides (unless part of an approved invasive species removal program)
(e) Irrigation except for temporary irrigation for establishment of native plantings
(f) Mulch, other than for temporary ground stabilization for one growing season. Groundcover
plantings are to be used for permanent stabilization and weed control.
None of the above are proposed, except for selective use of herbicide as part of the proposed
invasive species management program.
(4) The following are prohibited within resource areas listed in 6.01 (1) and their 35-foot buffer zones:
(a) Fertilizers
(b) Pesticides (unless part of an approved invasive species removal program)
(c) Irrigation except for temporary irrigation for establishment of native plantings
None of the above are proposed, except for selective use of herbicide as part of the proposed
invasive species management program.
(5)(a) New lawns may be irrigated for 2 growing seasons after planting but not thereafter.
No new lawn is proposed.
(5)(b) New lawns in buffer zones shall be or mimic Cape Cod Lawns. A Cape Cod Lawn is an area that is
not irrigated, fertilized, or otherwise treated with chemicals that is diverse with species including native
sedges, mosses, grasses, and other lowgrowing plants that are well adapted to the conditions of the
Cape. Cape Cod Lawns can be established by seeding with a mix of drought tolerant grasses and forbs
and weeding to remove invasive species as needed.
No new lawn is proposed.
6.02: Mitigation and Restoration
(1) At a minimum, a 35-foot undisturbed buffer zone shall be retained between the landward-most
wetland resource area and the limit of proposed site disturbance. Landward of the 35-foot no-disturb
zone, work shall be designed to minimize the area of disturbance, to preserve as much undisturbed
vegetation within the one hundred-foot buffer zone as is practicable for the proposed use.
The size of the existing vegetative buffer will be maintained as is. No new site work is proposed;
only restoration activities are proposed.
(2) Where a 50-foot undisturbed buffer zone exists prior to the proposed work, and shall remain intact
upon project completion, further buffer zone enhancement shall not be required.
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The size of the existing vegetative buffer will be maintained as is. No new site work is proposed;
only restoration activities are proposed.
(3) Where a 50-foot undisturbed buffer zone does not exist prior to the proposed work, any work
proposed within the 100-foot buffer zone shall be subject to mitigation planting requirements intended to
restore, in so far as is possible, both the dimensions of a 50-foot undisturbed buffer and its vegetation.
For work proposed within the 100-foot buffer zone, the calculation of mitigation is set forth as follows:
No mitigation is required; only restoration activities are proposed.
(4) Where mitigation or restoration of buffer zone vegetation is proposed or required under a notice of
intent, it shall meet the following requirements:
(a) Locally native and climate adapted plant species suited to the local growing conditions will be
used. Mitigation areas should contain a diversity of woody species with varying heights sufficient
for the space (at least 3 species when the required mitigation area is <300 sqft) and may be
supplemented by an understory of native grasses and forbs (including ferns, herbs, groundcovers, and
perennials). Native grasses and forbs alone cannot be used as mitigation.
No mitigation is required; only restoration activities are proposed. All restoration plantings
are locally native and suited to the site conditions. Proposed species are of varying heights
and sizes, and the understory will be seeded/planted with supplemental grasses/herbaceous
species.
(b) The recommended plant spacing and densities will be used as shown on the approved plant lists
available on the conservation website.
Plants are shown at an appropriate spacing for the selected species based on their size at
maturity and the conditions on site.
(c) Only temporary use of mulch may be applied under the drip line of each plant at the time of
planting for moisture retention, soil stabilization, and weed control during establishment. Native
groundcovers will be utilized in the spaces between larger plantings. At no time shall a mitigation or
restoration area be sheet mulched. Hand weeding is allowed.
No mulch is proposed. Areas for planting will be seeded/planted with native grasses/
herbaceous material to provide a native vegetated groundcover.
(d) Foundation landscape beds within the buffer zone: Proposed foundation landscape bed plantings
should appear on all plans if within resource areas and the 100-foot buffer zone. Foundation beds are
defined as directly abutting a dwelling/structure and are a maximum of 5 feet in width. These areas
may be planted with native species, native cultivars, or non-invasive non-natives with approval from
the Commission or the Conservation Administrator.
No foundation landscape beds are proposed.