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HomeMy WebLinkAboutNOI App Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 5 Glenwood Street, West Yarmouth Notice of Intent Application Maintenance Work on Existing Coastal Revetment Town of Yarmouth Conservation Commission September 2024 Prepared for: Ronald and Jean Wackrow 5 Glenwood Street West Yarmouth, MA 02673 BSC Job #49230.03 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 SEPTEMBER 5, 2024 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Notice of Intent Application, Maintenance Work on Stone Coastal Revetment, 5 Glenwood Street, West Yarmouth, MA, BSC Job #49230.03 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Ronald and Jean Wackrow (the Applicant), for a project located at 5 Glenwood Street (the Site) in West Yarmouth, MA. The proposed project involves maintenance work on an existing sloped coastal stone revetment to raise the height of the wall, as well as various site work. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law and associated Regulations. Enclosed please find the Notice of Intent application, project plans and accompanying materials. If you have any questions or require additional information, please contact our office at (508) 778 – 8919 or via email at hraddatz@bscgroup.com. Sincerely, BSC Group, Inc. Hannah Raddatz Ecologist, Associate CC: Ronald and Jean Wackrow, 5 Glenwood Street, West Yarmouth, MA 02673 Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Checklist and Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Photo Pages 8 Abutter Information 9 Site Plans 10 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 6 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied to bdirienzo@yarmouth.ma.us and fkelley@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. I understand that in person representation is required at the scheduled hearing to present to the conservation commission If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and fkelley@yarmouth.ma.us Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Site Access Authorization Form General Information: If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION 5 Glenwood Street, West Yarmouth 20/19 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 Yarmouth 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): 5 Glenwood Street a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.644745 d. Latitude -70.266713 e. Longitude 20 f. Assessors Map/Plat Number 19 g. Parcel /Lot Number 2. Applicant: Ronald and Jean a. First Name Wackrow b. Last Name c. Organization 5 Glenwood Street d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-737-1058 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): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $810.00 a. Total Fee Paid $392.50 b. State Fee Paid $417.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The proposed project involves maintenance work on an existing coastal stone revetment to raise the height of the wall. Sand fill, beach grass plantings, and a retaining wall are also proposed within LSCSF and Buffer Zones to Coastal Bank and Coastal Beach. All work on revetment will be contained within the footprint of the stone revetment. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County 179358 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 Yarmouth 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 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 175 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 3,500 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 Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 MassMapper 08/24 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 Yarmouth 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 Yarmouth 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 Yarmouth 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. Plan to Accompany a Notice of Intent a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by September 4, 2024 d. Final Revision Date 1" = 10' 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: 1044 2. Municipal Check Number 9/4/2024 3. Check date 1043 4. State Check Number 9/4/2024 5. Check date Ronald W Wackrow Living Trust 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 Yarmouth 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. 8/14/24 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: 5 Glenwood Street a. Street Address Yarmouth b. City/Town 1043 c. Check number $392.50 d. Fee amount 2. Applicant Mailing Address: Ronald and Jean a. First Name Wackrow b. Last Name c. Organization 5 Glenwood Street d. Mailing Address West Yarmouth e. City/Town MA f. State g. Zip Code 508-737-1058 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 Category 5 a.) Work on Revetment 1 $4 x 175 lf $700.00 Category 1 a.) Work on Single family dwelling lot 1 $110.00 $110.00 Yarmouth Bylaw Fee ($2 x 175 lf) $350.00 Ad Fee $10.00 Step 5/Total Project Fee: $810.00 Step 6/Fee Payments: Total Project Fee: $810.00 a. Total Fee from Step 5 State share of filing Fee: $392.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $417.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 5 Glenwood Street Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed Project is located at 5 Glenwood Street, in West Yarmouth, MA (the Site) involves maintenance work to an existing coastal stone revetment to raise the height of the structure by approximately 3 feet (ft), as well as various site work including a retaining wall (the Project). This application is being submitted in accordance with the Massachusetts Wetlands Protection Act 310 CMR 10.00 (WPA) and the Town of Yarmouth Wetland Protection Bylaw and Regulations (the Bylaw). 2.0 SITE DESCRIPTION The Site is located adjacent to Glenwood Street, which is lined by single-family dwellings, and Lewis Bay to the south. The coastal beach located on the southern edge of the property is contained by the existing stone groin (which extends into Lewis Bay) to the west and by the existing sloped stone revetment (subject of this application) to the north. A small patch of salt marsh is present on the eastern end of the beach, as well as at the end of the Glenwood Street Beach access, which is outside of the property boundary. No coastal dune is present on this site and the top of coastal bank lays at the landward edge of the existing stone revetment. The wetland resource areas and areas of conservation jurisdiction on the site that are protected under the WPA and the Bylaw include: •Land Under Ocean •Land Containing Shellfish •Coastal Beach •Salt Marsh •Coastal Bank (landward edge of top of sloped stone revetment) •Land Subject to Coastal Storm Flowage (LSCSF) (Zone VE Elevation 13 feet) 3.0 PROPOSED ACTIVITIES The applicant is proposing to raise the elevation of the existing sloped stone revetment by approximately 3 feet to elevation 11.5' and re-chink the existing revetment as needed, for routine maintenance. The purpose of this work is to protect the property from coastal flood damage, which has been increasing over recent years. Winter storm events have caused damage to the beachgrass areas that line the recreational area and has caused erosion. It is the intent of this work that the addition height atop the stone revetment will better protect the property. All work associated with raising the height of the coastal revetment will be contained to the footprint of the wall. Additionally, the applicant proposes a versa-lock retaining wall along the eastern limits of the recreation area and beachgrass areas, with a small access stairway leading to the recreational area. This recreation area will have additional clean sand fill brought in to raise the elevation. This fill will be graded adjacent to the tide grate to create a slope which will direct any flood waters to Glenwood Street, and back out to the bay, as existing. All graded areas of the sand fill outside of the recreation area will be planted with beachgrass to improve stabilization and provide additional filtration of floodwaters before they leave the site. Notice of Intent 5 Glenwood Street Yarmouth, Massachusetts All proposed work listed will occur within existing developed areas or within the footprint of existing structures or landscaping features. In addition, all proposed work has been designed to comply with all applicable performance standards under the WPA and the Bylaw. As the proposed activities will not significantly alter the existing conditions of the buffer zone to coastal bank and coastal beach, and improvements to stormwater management have been proposed in LSCSF through appropriate site grading, structure design, and planting additional areas of beachgrass, it is not anticipated that these activities will negatively impact jurisdictional resource areas and their associated buffer zones. In addition, the abutting homeowner also has a seawall and as such, no impacts are anticipated off site, as the connection between the walls will not be altered as the result of the work wot raise the height of the stone revetment. For more information, please refer to the associated Site Plans. The anticipated construction sequencing for this project will likely follow the steps below: •Access to the site will be gained from the roadway off Glenwood Street, via the tide gate. •Should there be a need, sediment controls will be on hand. The elevated revetment wall will be completed first and will largely act as an erosion control for the sand fill in the recreation areas behind the wall. •Roll-off containers (or appropriate containers) will be positioned in driveway/lawn areas, which will be used to temporarily store construction debris. These debris will be trucked off site daily or as needed. •Various construction machinery, which may include a skid steer, backhoe, crane, and dump trucks will be employed to bring in stone for the revetment work, materials for the retaining wall, and sand fill. Chinking of revetment stone will be done by hand. •Following the completion of construction activities, restoration of all disturbed areas on the site will take place. Any rutting will be buffed and/or filled with clean sand, graded areas will be planted and any pre-existing areas of beachgrass disturbed during the construction process will be replanted. 5.0 MITIGATION The proposed project has been designed to reduce impacts to jurisdictional resource areas and their associated buffer zones to the greatest extent practicable. Although it is not anticipated that sediment control will be needed, straw wattles, straw bales, and/or silt fence can be made available during construction. All construction materials will be staged as far from resource areas as possible. All debris and construction materials will be contained within an appropriate receptacle (roll-off containers or similar) and/or immediately removed from the Site. Removal of naturally occurring, native vegetation is not anticipated as a part of this work, however, should any damage to existing beachgrass occur during construction, these areas will be replanted with beachgrass. It is anticipated that the existing beachgrass will be able to grow back through the sand fill in the spring. Any changes in grade to the site not proposed in this application will be restored after construction activities. Although the proposed activities will result in changes to stormwater on the Site, these alterations have been designed to avoid damage to neighboring property through the Notice of Intent 5 Glenwood Street Yarmouth, Massachusetts channelization, reflection or redirection of flood waters, and therefore it is anticipated that the proposed work will provide a betterment for stormwater control and filtration on the site. In addition, the abutting property owner has an existing elevated seawall and the town road is protected by the existing stone groin, therefore no changes to wave refraction or changes to existing floodwater regime should occur following the elevation of the wall. These benefits will be increased through the addition and enhancement of vegetated areas surrounding the recreation area and site limits. The maintenance work associated with raising the height of the coastal revetment will not adversely affect the adjacent coastal beach and salt marsh as the footprint of the structure will not be altered and no construction activities will occur within these resource areas. 70°15'0"W 70°15'0"W 70°16'0"W 70°16'0"W 70°17'0"W 70°17'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: P:\004923003\Ecology\Mapping\mxd\5GlenwoodAve_LOCUS.mxdDate Saved: 8/14/2024 1:53:28 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale: 5 GLENWOOD STREETWEST YARMOUTH, MA USGS Site Locus Map (Page size: 8.5 X 11) 1 inch = 1,705 feet 0 900 1,800 Feet H 1:20,462 , SITELOCUS Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 6/20/2024 at 6:43 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°16'18"W 41°38'55"N 70°15'41"W 41°38'28"N Basemap Imagery Source: USGS National Map 2023 HARBOR RDALGONQUI N STSTONE RDPARK AVE MALFA RDGLENWOOD STS E A R O B IN R DGROVE STVERNON STPARK STRACHEL RD F L A K E Y A R D L N R U S S O R D 5 GLENWOOD STREETWEST YARMOUTH, MA THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Environmental Resource Map H File Loc ation : P:\00 4923 003 \Ec ology\Mapping \mxd \5Glen woodAv e_ERMap .mxdDate Sa ved : 8/14/202 4 2:09:39 PM 0 125 250 Feet 1 inch = 25 0 fee t Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale: , PROJECTAREA Legend kj Certified Vernal Pools kj Potential Vernal Pools NHESP Priority Habitats NHESP Estimated Habitats Areas of Critical Environmental Concern Shellfish Suitabilit y Areas Bay Scallop Quahog 1:3,000 Coastal Revetment Elevation Project 5 Glenwood Street, West Yarmouth, MA Photo 1: View of existing stone revetment wall from stone pier which extends into Lewis Bay. Remnants of historic stone wall is visible on the right side of the photo within the coastal beach.Looking Northeast. Photo 2:View of eastern end of the stone revetment from eastern edge of the Site. Looking Southwest. Photo Page 1 Coastal Revetment Elevation Project 5 Glenwood Street, West Yarmouth, MA Photo 3: View of western end of existing stone revetment, adjacent to the Glenwood Street Beach (at the end of Glenwood Street), from the southwestern border of the Site. Looking Southwest. Photo 4:View of historic stone revetment seaward of existing stone revetment. No work is proposed for this historic/remnant stone revetment.Looking Northeast. Photo Page 2 Abutting Properties for 5 GLENWOOD ST WEST YARMOUTH, MA 02673 20/ 19/ / / (100 Feet) Location: 20/ 17/ / / 9 GLENWOOD ST Owner: GLENWOOD STREET LLC C/O DAVID OFFICER 60 SUTTON PL SOUTH 19CN NEW YORK, NY 10022 Location: 20/ 18/ / / 7 GLENWOOD ST Owner: BARKER JOHN R JR TR 7 GLENWOOD ST WEST YARMOUTH, MA 02673 Location: 20/ 20/ / / 4 GLENWOOD ST Owner: OCEAN VACATIONS LLC 171 PHILLIPS AVE SWAMPSCOTT, MA 01907 Location: 20/ 21/ / / 10 GLENWOOD ST Owner: SEXTON MARK G SEXTON MARY ELLEN 10 GLENWOOD ST WEST YARMOUTH, MA 02673 Location: 20/ 19/ / / 5 GLENWOOD ST Owner: WACKROW JEAN M (LIFE EST) 5 GLENWOOD ST WEST YARMOUTH, MA 02673 Location: 20/ 16/ / / 9 FLAKEYARD LN Owner: BETRON CLIFFORD I BETRON PATRICIA S 381 TAHMORE DR FAIRFIELD, CT 06824 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:5 Glenwood St., West Yarmouth, MA 02673Assessors Map 20, Lot 19______________________________________Andy Machado, Director of AssessingAugust 16, 2024 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is __Ronald and Jean Wackrow______________________________ 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 _5 Glenwood Street______________ D. Proposed work is _maintenance work within the footprint of an existing stone coastal revetment____________________________________________________________ E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _______________________________ Or Applicant’s representatives phone number _508-778-8919________________ G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name _Hannah Raddatz, BSC Group__________________ Address _349 Route 29, Unit D______________________ Town _West Yarmouth_______ State _MA___ Zip _02673_ Telephone _508-778-8919____________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application.