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HomeMy WebLinkAboutCompiledNOI_135Rt28_20241018_reduced Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 135 Route 28, West Yarmouth Notice of Intent Application Proposed Site Work at Tidewater Motor Lodge Town of Yarmouth Conservation Commission October 2024 Prepared for: Harshim Management, Inc. 135 Route 28 West Yarmouth, MA 02673 BSC Job #50711.01 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 OCTOBER 21, 2024 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Notice of Intent Application, Proposed Site Work at Tidewater Motor Lodge, 135 Route 28 (Main Street), West Yarmouth, MA, BSC Job #50711.00 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Harshim Management, Inc (the Applicant), for a project located at 135 Route 28 (the Site) in West Yarmouth, MA. The proposed project involves various site work including stormwater system upgrades, a building overhang and conversion of lawn areas to concrete patios and pathways, and removal of various structures and impervious areas. The proposed project activities will be located within the Riverfront Area associated with the Mill River, as well as the Buffer Zone to Coastal Bank, Buffer Zone to Bordering Vegetated Wetlands, and Land Subject to Coastal Storm Flowage. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law and associated Regulations. Enclosed please find the Notice of Intent application, project plans and accompanying materials. If you have any questions or require additional information, please contact our office at (508) 778 – 8919 or via email at hraddatz@bscgroup.com. Sincerely, BSC Group, Inc. Hannah Raddatz Ecologist, Associate CC: Harshim Management, Inc., 135 Route 28, 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 BVW Dataforms 9 Abutter Information 10 Site Plans 11 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 PARTH PATEL OCT 7, 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 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): 135 Route 28 a. Street Address Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.657347 d. Latitude -70.261618 e. Longitude 37 f. Assessors Map/Plat Number 76 g. Parcel /Lot Number 2. Applicant: Parth a. First Name Patel b. Last Name Harshim Management, Inc c. Organization 135 Route 28 d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 217-819-8037 h. Phone Number i. Fax Number parth@harshimhotels.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name Hari Hospitality, Inc c. Organization 135 Route 28 d. Street Address West Yarmouth e. City/Town MA f. State 02673 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 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $750.00 a. Total Fee Paid $362.50 b. State Fee Paid $387.50 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 various site work including removing a shed and impervious areas, stormwater system upgrades, a 30' x 30' building overhang, and conversion of lawn areas to concrete patios and pathways. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 29557 c. Book 0144 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 Mill Creek 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: 92,116 square feet 4. Proposed alteration of the Riverfront Area: 902 a. total square feet -75 b. square feet within 100 ft. 977 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 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 10/2024 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. Tidewater Motor Lodge a. Plan Title BSC Group, Inc b. Prepared By Brian G. Yergatian c. Signed and Stamped by 10/15/2024 d. Final Revision Date 1" = 30' 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: 3011 2. Municipal Check Number 10/7/2024 3. Check date 3010 4. State Check Number 10/7/2024 5. Check date Hari Hospitality, Inc. 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. OCT 7, 2024 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: 135 Route 28 a. Street Address Yarmouth b. City/Town 3010 c. Check number $362.50 d. Fee amount 2. Applicant Mailing Address: Parth a. First Name Patel b. Last Name Harshim Management, Inc c. Organization 135 Route 28 d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 217-819-8037 h. Phone Number i. Fax Number parth@harshimhotels.com j. Email Address 3. Property Owner (if different): a. First Name b. Last Name Hari Hospitality, Inc c. Organization 135 Route 28 d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 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 2 j.) Other Activities 1 $500.00x1.5 $750.00 Yarmouth Bylaw $200.00 Legal Ad $10.00 Step 5/Total Project Fee: $750.00 Step 6/Fee Payments: Total Project Fee: $750.00 a. Total Fee from Step 5 State share of filing Fee: $362.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $387.50 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 135 Route 28 (Main Street) Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed Project is located at 135 Route 28 (Main Street), in West Yarmouth, MA (the Site) involves site improvements to include demolition of an existing shed and a concrete walkway, construction of a 30’ x 30’ building overhang, concrete patio and a crushed shell/gravel walkway with paver stones, installation of a stormwater recharge system to manage stormwater runoff from the new building overhang and concrete patio (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 Route 28 (Main Street), which is lined by commercial properties, with Mill Pond to the north and Mill Creek to the east, which leads to Lewis Bay to the south. The Mill Creek, which is a tidal waterbody, is lined by patches of salt marsh, narrow freshwater wetlands, and forested corridors. On this site, a narrow Bordering Vegetated Wetland was delineated in the southeastern portion of the property, which is landward of salt marsh and the bank of the Mill Creek. The edge of vegetated salt marsh also ends in the southeastern edge of the site, due the steep, forested bank of the Mill Creek which makes up the remainder of the eastern property boundary. The areas of conservation jurisdiction on the site that are protected under the WPA and the Bylaw include: • Land Under Ocean • Land Containing Shellfish • Riverfront Area to Mill Creek/River • Salt Marsh • Bordering Vegetated Wetlands (BVW) • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) (Zone VE Elevation 11 feet) 3.0 PROPOSED ACTIVITIES The applicant is proposing to conduct various site improvements to an existing commercial property to include the construction of a 30’ x 30’ building overhang on the south building, concrete patio and a new crushed shell/gravel walkway lined with paver stones, and the installation a stormwater recharge system to manage stormwater runoff from the new building overhang and patio. Impacts to the outer portion of RFA to Mill Creek (100'-200') and the 50-100 Foot Buffer Zone to Coastal Bank are proposed. No work is proposed within the buffer zone to BVW, Salt Marsh, inner RFA (0-100'), 0-50-foot Buffer to Coastal Bank, or LSCSF, aside from removal of structures and concrete, to be followed with restoration, as well as preparing and planting the mitigation planting area. The removal of 798 square feet (sf) of concrete (within outer RFA) and 75 sf of shed (within inner RFA) are proposed within RFA to Mill Creek, which will reduce impervious areas within this resource area by 873 sf. Concrete removed around the indoor pool building will be planted with grass and landscaping plants, while the removal of the shed and related structures will be replaced with lawn grass. The mitigation planting area, which will be Notice of Intent 135 Route 28 (Main Street) Yarmouth, Massachusetts described in greater detail in Section 6.0, will be located within lawn areas between the stormwater swale and the edge of canopy along the Mill Creek. All portion of the proposed work have been designed to reduce impacts to jurisdictional resource areas by making use of developed areas and remove impervious structures where possible. Some of these activities within RFA and the Buffer Zone to Coastal Bank can be considered exempt activities under 310 CMR 10.02(2)(b)(2)(d), which covers "Plantings of native species of trees, shrubs, or groundcover…", regarding the mitigation planting area preparation, 310 CMR 10.02(2)(b)(2)(f), which covers "the conversion of impervious to vegetated surfaces" regarding the removal of concrete and impervious structures, which will be planted with grass seed. All proposed work has been designed to comply with all applicable performance standards under the WPA and the Yarmouth Conservation Commission Bylaw. Improvements to stormwater management have been proposed within and adjacent to the aforementioned buffer zones and resource areas, which will provide a betterment to the existing conditions. Using appropriate sediment controls and best management practices during construction, removal of existing impervious structures and ground cover, and the establishment of a diverse mitigation planting area, it is not anticipated that the project will negatively impact jurisdictional resource areas and their associated buffer zones. The anticipated construction sequencing for this project will likely follow the steps below: • Access to the site will be gained from the roadway off Main Street (Route 28) and existing paved areas on the site. • Sediment controls, such as staked mulch/straw wattles, staked straw bales, silt fence, and catch basin protection bags will be installed at the limit of work between work sites and jurisdictional resource areas and wherever appropriate. • Roll-off containers (or appropriate containers) will be positioned in driveway/lawn areas, which will be used to temporarily store construction debris. This 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 remove concrete and various structures, prepare various areas for planting or installation of concrete patio and walkways, construction the building overhang, and install the various stormwater control features. • The mitigation planting area and planting areas around the Indoor pool will be planted when seasonally appropriate. All disturbed areas will be returned to original grade, loamed and seeded with grass seed. • Sediment and erosion controls will remain in place until the site has reached appropriate levels of stabilization. 5.0 ALTERNATIVES ANALYSIS The proposed project activities are largely located within the outer edge of the RFA to Mill Creek, which include only limited conversion of existing lawn areas to concrete patio, adjacent to an 8' wide crushed shell access path leading from the parking area near the indoor pool, and 30' x 30' building overhang associated with the south building. Other impacts are limited to temporary excavation associated with the stormwater improvements to control runoff from the patio and building overhang. These activities are proposed within the central portion of the site due to the availability of open space, which Notice of Intent 135 Route 28 (Main Street) Yarmouth, Massachusetts is limited in other portions of the site due to existing buildings and paved areas. The impervious areas associated with this project have been reduced in size and located as from resource areas including the RFA as possible. Due to the project being proposed within RFA, the project has been designed to result in a betterment to site conditions and the protection of the capacity of the RFA to provide vital ecological functions. This stormwater control system specifically will include a 48” diameter water quality unit, which will remove 77% of total suspended solids prior to entering the underground infiltration system, exceeding the 44% TSS removal required by the Town of Yarmouth. Further, the conversion of nearby lawn area to a diverse mitigation planting area will provide an effective buffer between the project site and the forested coastal bank above the Mill Creek. Between these two activities, there will be a significant improvement to water quality through filtration, improved erosion control, and improved wildlife habitat in a key area along the naturally vegetated eastern site boundary. 6.0 MITIGATION The proposed project has been designed to reduce impacts to jurisdictional resource areas and their associated buffer zones to the greatest extent practicable. Sediment controls such as staked straw wattles, straw bales, catch basin protection bags, and/or silt fence will be installed prior to any earth disturbance work and all proposed activities. 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. Changes in site grade are not proposed in this application and any alterations which occur during construction will be restored after construction activities. A mitigation planting area is proposed along the eastern property boundary, adjacent to the naturally vegetated areas landward of the bank of the Mill Creek. The proposed plants included in the 1,850 sf (more than 2:1 ratio for 977 sf of proposed impacts in RFA) were selected for tolerance of coastal environments, specifically those of a protected coastal bank and areas along a coastal river. The planting palette is included in the table below: Common Name Scientific Name Optimal Size Mature Height Spacing Number of Plants shadbush Amelanchier canadensis 4’-6’ 15’ x 5’ 12’ OC 1 northern bayberry Myrica pensylvanica 2-3 G 9’ x 9’ 6’ OC 8 arrowwood Viburnum dentatum 2 G 8’ x 8’ 6’ OC 8 red chokeberry Aronia arbutifolia 1-2 G 6’ x 5’ 5’ OC 10 pasture rose/Virginia rose Rosa carolina/Rosa virginiana 1-2 G 3’ x 3’ 4’ OC 20 switchgrass Panicum virgatum 3-4” pot to 1 G 3’ x 3’ 2’ OC 30 black-eyed coneflower Rudbeckia hirta 3-4” pot to 1 G 2’ x 2’ 1’ OC 40 seaside goldenrod Solidago sempervirens 3-4” pot to 1 G 2’ x 4’ 1’ OC 40 eastern showy aster/New England aster Eurybia spectabilis/ Symphyotrichum novae- angliae 3-4” pot to 1 G 2’ x 2’ 1’ OC 40 red fescue Festuca rubra 3-4” pot to 1 G 4’ x 4’ 1’ OC 40 purple lovegrass Eragrostis spectabilis 3-4” pot to 1 G 2’ x 2’ 1’ OC 40 70°15'0"W 70°15'0"W 70°16'0"W 70°16'0"W 41°40'0"N 41°40'0"N 41°39'0"N 41°39'0"N Document Path: P:\5071100\Ecology\GIS\mxd\135Rt28_Locus.mxdDate Saved: 10/5/2024 7:06:32 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:135 MA-28 (MAIN STREET), WEST YARMOUTH, MA USGS Site Locus Map (Page size: 8.5 X 11) 1 inch = 2,000 feet 0 1,000 2,000 Feet H 1:24,000 , SITELOCUS Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOODHAZARD AREAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas 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 SCREENArea 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 basemapaccuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 10/3/2024 at 5:53 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome 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 approximatepoint selected by the user and does not representan authoritative property location. 1:6,000 70°16'1"W 41°39'37"N 70°15'24"W 41°39'10"N Basemap Imagery Source: USGS National Map 2023 TO WN BROOK RD MAIN ST BAXTER AVE SEAGRASS WAY SHORT WAY STATE RTE 28 EVERGREEN RD GLEASON AVE CAMP ST BAKER AVE MIDDLE RD RACE RD PONDVIEW AVE WOODBINE AVE ROGIA RD MILL POND RD EDDY ST WENDWARD WAY 135 MA-28 (MAIN STREET)WEST YARMOUTH, MA THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Environmental Resource Map H File Location: P:\5071100\Ecology\GIS\mxd\135Rt28_NHESP.mxdDate Saved: 10/5/2024 7:01:19 PM 0 125 250 Feet 1 inch = 250 feet Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale: , PROJECTAREA Legend kj Certified Vernal Pools kj Potential Vernal Pools NHESP Priority Habitats NHESP Estimated Habitats Areas of Critical Environmental Concern 1:3,000 Tidewater Motor Lodge 135 Route 28, West Yarmouth, MA Photo 1: View of indoor pool, around which various paver stone and crushed stone walkway are proposed over existing lawn.Looking Southeast. Photo 2:View of shed which will be removed, as well as an area that will be planted with mitigation plantings adjacent to the vegetated bank of Mill Creek (left side of photo). Looking Southeast. Photo Page 1 Tidewater Motor Lodge 135 Route 28, West Yarmouth, MA Photo 3: View of buildings along eastern edge of property, looking towards the Mill River. A portion of the area in the righthand side of this photo will be planted with mitigation plantings. Looking Southeast. Photo Page 2 BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: ___________________________________ City/Town: ____________________ Sampling Date: ___________ Applicant/Owner: ____________________________________________ Sampling Point or Zone: ____________________ Investigator(s):_______________________________________________Latitude / Longitude:________________________ Soil Map Unit Name:_________________________________________ NWI or DEP Classification: ___________________ Are climatic/hydrologic conditions on the site typical for this time of year? Yes _____ No _____ (If no, explain in Remarks) Are Vegetation _______ , Soil ______ , or Hydrology _____ significantly disturbed? (If yes, explain in Remarks) Are Vegetation _______ , Soil ______ , or Hydrology _____ naturally problematic? (If yes, explain in Remarks) SUMMARY OF FINDINGS – Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Yes ______ No ______ Is the Sampled Area within a Wetland? Yes ____ No _____ Hydric Soils criterion met? Yes ______ No ______ Wetlands hydrology present? Yes ______ No ______ Remarks, Photo Details, Flagging, etc.: HYDROLOGY Field Observations: Surface Water Present? Yes ______ No _______ Depth (inches) ______________ Water Table Present? Yes ______ No _______ Depth (inches) ______________ Saturation Present (including capillary fringe)? Yes ______ No _______ Depth (inches) ______________ Wetland Hydrology Indicators Reliable Indicators of Wetlands Hydrology Indicators that can be Reliable with Proper Interpretation Indicators of the Influence of Water ____ Water-stained leaves ___ Hydrological records ____ Direct observation of inundation ____ Evidence of aquatic fauna ___ Free water in a soil test hole ____ Drainage patterns ____ Iron deposits ___ Saturated soil ____ Drift lines ____ Algal mats or crusts ___ Water marks ____ Scoured areas ____ Oxidized rhizospheres/pore linings ___ Moss trim lines ____ Sediment deposits ____ Thin muck surfaces ___ Presence of reduced iron ____ Surface soil cracks ____ Plants with air-filled tissue (aerenchyma) ___ Woody plants with adventitious roots ____ Sparsely vegetated concave surface ____ Plants with polymorphic leaves ___ Trees with shallow root systems ____ Microtopographic relief ____ Plants with floating leaves ____ Hydrogen sulfide odor ___ Woody plants with enlarged lenticels ____ Geographic position (depression, toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised July 2023 Sampling Point__________ 2 VEGETATION – Use both common and scientific names of plants. Tree Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. ________ = Total Cover Shrub/Sapling Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. ________ = Total Cover Herb Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ________ = Total Cover Form Revised July 2023 Sampling Point__________ 3 VEGETATION – continued. Woody Vine Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. ________ = Total Cover Rapid Test: Do all dominant species have an indicator status of OBL or FACW? Yes _____ No ________ Dominance Test: Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up ≥ 50% of dominant plant species? Yes ______ No _______ Prevalence Index: OBL species Total % Cover (all strata) Multiply by: Result X 1 = FACW species X 2 = FAC species X 3 = FACU species X 4 = UPL species X 5 = Column Totals (A) (B) Prevalence Index B/A = Is the Prevalence Index ≤ 3.0? Yes ______ No _______ Wetland vegetation criterion met? Yes _______ No ________ Definitions of Vegetation Strata Tree - Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub / Sapling - Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall Herb - All herbaceous (non-woody plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall Woody vines - All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5 %3.0 % 6-15 %10.5 % 15-25 %20.5 % 26-50 %38.0 % 51-75 %63.0 % 76-95 %85.5 % 96-100 %98.0 % Form Revised July 2023 Sampling Point__________ 4 SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth (inches) Matrix Redox Features Texture Remarks Color (moist) % Color (moist) % Type1 Location2 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils ____ Histosol (A1) ____ Polyvalue Below Surface (S8) ____ 2 cm Muck (A10) ____ Histic Epipedon (A2) ____ Thin Dark Surface (S9) ___ 5 cm Mucky Peat or Peat (S3) ____ Black Histic (A3) ____ Hydrogen Sulfide (A4) ____ Loamy Gleyed Matrix (F2) ____ Stratified Layers (A5) ____ Depleted Matrix (F3) ____ Depleted Below Dark Surface (A11) ____ Redox Dark Surface (F6) ___ Iron-Manganese Masses (F12) ____ Thick Dark Surface (A12) ____ Depleted Dark Surface (F7) ___ Mesic Spodic (A17) ____ Sandy Mucky Mineral (S1) ___ Red Parent Material (F21) ____ Sandy Gleyed Matrix (S4) ___ Very Shallow Dark Surface (F22) ____ Sandy Redox (S5) ___ Other (Include Explanation in Remarks) ____ Stripped Matrix (S6) ____ Dark Surface (S7) Restrictive Layer (if observed) Type: _____________________________ Depth (inches): ______________________ Remarks: Hydric Soils criterion met? Yes _______ No ________ ____ Redox Depressions (F8) Form Revised July 2023 37/ 77/ / / PUTT & SCOOP INC 16 JENNIFER LEIGH DR ATTLEBOROUGH, MA 02703 37/ 17/ / / JOSEPH PATRICIA ANN TRS JOSEPH PIERRE TRS 181 LEBANON MOUNTAIN RD PITTSFIELD, MA 01201 37/ 16/ / / CARVALHO JASON A TR BAX REALTY TRUST 35 BOXWOOD LN BRIDGEWATER, MA 02324 37/ 14/ / / HERREN STEVEN 9 HALYARD WAY CENTERVILLE, MA 02632 37/ 15.1/ / / CAPE WINDRIFT MOTEL REALTY LLC 115 ROUTE 28 WEST YARMOUTH, MA 02673 37/ 80/ / / TOWN OF YARMOUTH PARK DEPT 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 45/ 78.1/ / / TURINO ASSOCIATES LLC C/O OMEGA HEALTHCARE INVESTORS 303 INTERNATIONAL CIR STE 200 HUNT VALLEY, MD 21030 37/ 76/ / / HARI HOSPITALITY INC 135 ROUTE 28 WEST YARMOUTH, MA 02673 37/ 75/ / / TWO FAMILIES INC 151 ROUTE 28 WEST YARMOUTH, MA 02673 37/ 46/ / / TOWN OF YARMOUTH MUNICIPAL 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 37/ 45/ / / HENNESSY MARIE E 362 MAIN ST CROMWELL, CT 06416-1357 37/ 18/ / / BAGARELLA MARY I 34 BAXTER AVE WEST YARMOUTH, MA 02673 37/ 47/ / / MORSE PETER S 22 GLEASON AVE WEST YARMOUTH, MA 02673 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:135 Route 28, South Yarmouth, MA 02664Assessors Map 37, Lot 76______________________________________Andy Machado, Director of AssessingOctober 17, 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 _Harshim Management, Inc______________________ 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 _135 Route 28, West Yarmouth_____ D. Proposed work is __The proposed project involves various site work including stormwater system upgrades, a building overhang, and conversion of lawn areas to concrete patios and pathways_. 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, Inc_______________ Address _349 Route 28 Unit D_______________________ Town _West Yarmouth__ State __MA___ Zip __02673___ Telephone _508-778-8919__________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. PUBLIC -- V A R I A B L E W I D T H MAIN ST R E E T - R O U T E 2 8 33 ' W I D E B A X T E R A V E N U E 40' WIDE GLEASON A V E N U E OH W OH W OH W OH W OH W S S S S S S S S SSSS S S S S S S S S S SSS S S S S S S S S S S S S S S S S S S SS S S S S S S S S S S S S S S S S RD RD RD 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN TIDEWATER MOTOR LODGE 135 ROUTE 28 WEST YARMOUTH MASSACHUSETTS (BARNSTABLE COUNTY) OCTOBER 15, 2024 NOTICE OF INTENT SITE PLAN 1 OF 1 ISSUED FOR PERMITTING NOT FOR CONSTRUCTION MITIGATION PLANTINGS 10/17/2024