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HomeMy WebLinkAboutwrightrefilednoiCONSERVATiON OFFICE &£#tdftiia,aiiM e€tKfk{lot J\ ati(e &{ in:Let a 3$T:./'£l Jw{BFniio.,!: 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 3 Lai:re:iib%_ all ap.p£’lai'IUll 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 XL 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 b/ 1 I00' radius map, current abutters Fist 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 V Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing u/ 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 LZamouth’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 Sehedule '\’'/ DEP share of the fee (refer to NOt form) shall be sent to: Dept. of Environmenta1 Protection Box 4062 Boston, MA 02211 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 1 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittat 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 SERa NOWrnass'gov with the subject line in the email per DEP’s request listed as 'YARMOUTH - NOI - Street Address - Applicant Name" and copied to bdlrienzdWarm@ .ma.us. We must receive a copy of this email with the appIIcation 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 &LCertified Mai1 Receipt for Massachusetts Division of Marine Fisheries. If filing via email CC 1 bdlrienzo@yarmouth . ma.us A /4 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 win not be accepted. Other Requirements 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, W@ If a vacant lot1 have you completed and received a determination for the Building Department for a lot inquiry form? N }A 0 SJ:i !:;3fl = $?=;it:= f: i ! 1,3:$}; a t=?n is f= ? f=; Ie T)f :in= 1 $ Tit !f = 33 OF -:! : ile .-' ' * www.varrnou th.rna.us/LF Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-zK92 Tel. {508)-398-2231 Ext. 1288 Rev 03/2024 Page 2 of 2 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, 540 Town of Yarmouth Wetland By-Law, Chapter 143 A. General InformationImportant; When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1 a E--I-I 2 Note , Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance, 3 4 Provided by MassDEP MassDEP File Number Document Transaction Number Yarmouth City/Town Project Location (Note: electronic filers will click on button to locate project site) Yarmouth Port b. CityfTown 41.70358 d. Latitude 02675 c. Zip Code 70.20152 e. Longitude 370 Weir Road a. Street Address Latitude and Longitude: 126 f. Assessors Map/Plat Number 6 g. Parcel /Lot Number Applicant Doreen and Harvey a. First Name Wright b. Last Name c. Organization 370 Weir Road d. Street Address Yarmouth Port e. CityfTown 508-776-2602 h. Phone Number MA 02675 f. State g. Zip Code _capt_harveycapecod@gmail.com j. Email Addressi. Fax Number [] Check if more than one ownerProperty owner (required if different from applicant): b, Last Namea. First Name c. Organization d. Street Address e. CityfFown t State g. Zip Code j. Email addressh. Phone Number i. Fax Number Representative (if any) Revere. III b. Last Name Paul a. First Name Law Offices of Paul Revere. III c. Company 226 River View Lane d . Street Address Centerville e. CityfTown 508-237-1620 h. Phone Number 02632 g. Zip Code MA f. State revereiii@aol.com j. Email addressi. Fax Number Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): c. CityfTown Fee Paida. Total Fee Paid b. State Fee Paid wpaform3.doc • rev . 6/18/2020 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP WPA Form 3 - Notice of Intent MassDEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, 940 Town of Yarmouth Wetland By-Law, Chapter 143 Yarmouth CityfFown Document Transaction Number A. General Information (continued) 6. General Project Description He oveFulverLin cranberry bog ditch 7a. Pro]ect Type Checklist: (Limited Project Types see SectIon A, 7b') 1. [] Single Family Home 2. [] Residential Subdivision 3, [] Commercial/hdustrial 4, [] Dock/Pier 5. [] Utilities 6. [] Coastal engineering Structure 7, [] Agriculture (e.g., cranberries, forestry) 8. [] Transportation 9. IE 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 E No !fOr;} adnedsqr£TE3l:IcI !=VeferV£tc:;£?Lessc iPpr: :iIilitta pTje:tot:pe3 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 31556 c. Book b. Certificate # (if registered land) 186 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1 2 a R 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 Inland Resource Areas (see 310 CMR 10_5'F10_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. 6/18/2020 Page 2 of 9 Massachusetts Department of Environmental Protection P"“Wed bY M'ssDEP Bureau of Resource Protection - Wetlands mssDEP 1-ne Nimbu WPA Form 3 - Notice of Intent Document Transaction Number Yo:;rocfh\y:Fr:::7he{;g=tT£nl=rgt;it£o=,6claBEr- ki 131 ’ 540 HT,I:th B. Buffer Zone & Resource Area Impacts (tempo,ary & perman,„t) (,o,wd) Size of Proposed Alteration Proposed Replacement (if any) 10 10 1. linear feet 2. linear feet 2. square feet 20 2. square feet Resource Area a. M Bank b. [] Bordering Vegetated Wetland ,. E Land Under Waterbodies and Waterways Resource Area d. [] Bordering Land Subject to Flooding For all projects affecting otherResource Areas please attach a narrative explaining how the resource area was delineated. 1. square feet 20 1. square feet 3. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f H 1EA IR( I v 1e r1F r1o n t )1r\\ ne a1 2. Width of Riverfront Area (check one) [] 25 ft. - Designated Densely Developed Areas only [] 100 ft, - New agricultural projects only IE 200 ft, - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area 20 20 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? M Yes[] No 6. Was the lot where the actIvity is proposed created prior to August 1, 1996? E 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. 2. square feet 4. cubic feet replaced ,. [] Isolated Land Subject to Flooding 67000 square feet wpaform3.doc • rev . 6/18/2020 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP WPA Form 3 – Notice of Intent MassDEP File Number Massachusetts Wetlands Protection Act M.G.L, c. 131, 540 Town of Yarmouth Wetland By-Law, Chapter 143 Yarmouth CityfTown Document Transaction Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) (conrd) 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, [I b, [I Designated Port Areas Indicate size under Land Under the Ocean, below Land Under the Ocean 1. square feet 2. cubic yards dredged C. d e n n D Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below Coastal Beaches 1. square feet 2. cubic yards beach nourishment Coastal Dunes 1. square feet r dune nourishment Size of Proposed Alteration Proposed Replacement rif any) f, [] g. E h. [] i, [] Coastal Banks Rocky Intertidal Shores 1. linear feet 1. square feet 1. square feetSalt Marshes Land Under Salt Ponds 2. sq ft restoration. rehab.. creation 1. square feet i- [] k. [i Land Containing Shellfish 2. cubic yards dredged 1. square feet Fish Runs Indicnte size under (-,oastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above L [ ]Land Subject to Coastal Storm Flowage 1. square feet [R Restoration/Enhancement hhe project is for the purpose of restorIng or enhancing a wetland resource area in addition to the squar8 f6otage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. 1. cubic yards dredged 4 a. square feet of BVW b. square feet of Salt Marsh 5,[R Project Involves Stream Crossings 0 (eliminates st[eam crossing) a. number of new stream crossIngs 0 (eliminates stream crossing) b, number of replacement stream crossIngs wpaform3.doc • rev. 6/18/2020 Page 4 of 9 Massachusetts Department of Environmental Protection Prc’v'ded by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 – Notice of Intent _ Voa= r=fh# : :n: : SheI E : := = 1: rgyT£o= ITaT i:• \ a:• 1 3 1 1 S 4 0 ::lib ra n s a ch o n um beF 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 ChaR 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 a. [-] Yes N No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species ProgramDivision of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 8/1 /2021 b. Date of map Ef yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESAfWetlands 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 NOt, 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’ [] Percentage/acreage of property to be altered (,) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2.[] Assessor’s Map or right-of-way plan of site 2 [R 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) N Photographs representative of the site * Some projects not in Estimated Habitat may be Eocated in Priority Habitat, and require NHESP review (see ) 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 fun development plans even if such plans are not required as part of the Notice of Intent process wpaform3.doc • rev. 6/18/2020 hge 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP: WPA Form 3 -. Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c, 131, 540 Town of Yarmouth Wetland By-Law, Chapter 143 MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements {confd) (c) [] MESA filing fee (fee information available at ) Make check payable to “Commonwealth of Massachusetts - NHESP” and mail fo NHESP at above address Projects attering 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. [I Project is exempt from MESA revIew. Attach applicant letter indicating which MESA exemption applies, (See 321 CMR 10.14 the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 C;MR 10.37 and 10.59.) 2. [] Separate MESA review ongoing. 3. [I a. NHESP Tracking #b. Date submitted to NHESP 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 waterline or in a fish run? a. E Not applicable – project is in inland resource area only b, [] Yes [a No South Shore - Cohasset to Rhode Island border, and the Cape & Islands: If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either North Shore - Hull to New Hampshire border Division of Marine Fisheries - Southeast Marine Fisheries Station AHn: Environmental Reviewer 836 South Rodney French Blvd.New Bedford. MA 02744 Email : Division of Marine Fisheries . North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester. MA 01930 Email 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. E is this an aquaculture project?d. [] Yes [H No If yes, include a copy of the DIvision of Marine Fisheries Certification Letter (M.G.L. c. 130, S 57) wpaform3.doc ' rev. 6/18/2020 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 Town of Yarmouth Wetland By-Law, Chapter 143 MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (corEd) 4 is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. ,. [] Yes E 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 5 b. ACEC 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 CMFt 4.00? „ [] Yes IB 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. S 40A) or the Coastal Wetlands Restriction Act (M.G_L. c_ 130, S 105)? „ [] Yes N No 7 a, [] 1 Is this project subject to provisions of the MassDEP Stormwater Management Standards? 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: [] Applying for Low Impact Development (LtD) site design credits (as described in Stormwater Management Handbook Vo1_ 2, Chapter 3) 2, []A portion of the site constitutes redevelopment 3. []Proprietary BMPs are included in the Stormwater Management System b, [B No. Check why the project is exempt 1. N SIngle-family house 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. Additional Information 2. [] Emergency road repair D. [] 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) Online Users; Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. Applicants must include the following with this Notice of intent (NOI). See instructions for details 1, lg USGS or other map of the area (along with a narrative description, if necessary) oontaining sufficient information for the Conservation Commission and the Department to locate the site (Electronic filers may omit this item. ) 2. IE Plans identifying the \ocation 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. 6/18/2020 Page 7 of 9 Massachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands WPA Form Provided by MassDEP 3 - Notice of Intent Massachusetts Wetlands Protection Act M'G.L. c. 131, 940 Town of Yarmouth Wetland By-Law, Chapter 143 MassDEP File Number Document Transaction NLImei Yarmouth City/Town D. Additional Information (cont'd) 3. N 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, IZ Plan of Land a. Plan Title pSC Group b. Prepared By 4/1 8/23 (revised 9/20/23) d. Final Revision Date List the titles and dates for all plans and other materials submitted with this NOI 370 Weir Road in Yarmouth Port. Massachusetts Kieran Healy c. Signed and Stamped by 1"=30' e. Scale - m 5- [] if there is more than one property owner, please attach a list of these property owners notlisted 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. A Attach NOt Wetland Fee TransmittaI Form 9, [ 1 Attach Stormwater Report, if needed E. Fees [] Fee Exempt No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev . 6/18/2020 Page 8 of 9 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, 940 Town of Yarmouth Wetland By-Law, Chapter 143 F. Signatures and Submittal Requirements Provided by MassDEP MassDEP File Number Document Transaction Number Yarmouth CityfTown 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 appIIcant 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, S 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all at)utters within 100 feet of the property line of the project location 2. Date 4. Date 6. DateRepresentative (if any) 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), incEudlng 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 section and the Instructions for additional submittal requirements Other If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that 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. wpaform3.doc • rev. 6/18/2020 Page 9 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L c. 131, 640 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 370 Weir Road a. Street Address yarmouth b. City/Town a d. Fee amount 2 c. Check number Applicant Mailing Address Doreen and Harvey a. First Name Wrigh! b. Last Name c. Organization 370 Weir Road d. Mailing Address yarmouth Port e. CityfTown 508-776-2602 h. Phone Number MA f. State 02675 g. Zip Code lmail.com i. Fax Number capt ,harveycapecod' 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 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 h. Phone Number i. Fax Number j. Email Address 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 #om 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. 10/1 Page Massachusetts Department of Environmental Protection Bureau of Resource Protection - WetEands NOI Wetland Fee Trarlsmittal Form Massachusetts Wetlands Protection Act M.G.L. c, 131, 940 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step Step 4/Subtotal Activity 3/Individual Fee Activity Fee Resource Improvement at SFH 165 (llOXI .5) 165 Step 5/Total Project Fee: 165 Step 6/Fee Payments: Total Project Fee 165 a. Total Fee from Step 5 70.00 b. 1/2 Total Fee less $12.50 95.00 c. 1/2 Total Fee plus $12.50 State share of filing Fee: CityfTown share of filling Fee: 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. ) Wetland Foe Transmittal Farm . rev. IC)/11 Page 2 of 2 PAUL REVERE iiI S7ASIA A R£V£R£ 226 RiVER VIEW LN CENTERVILLE, MA 02632-3238 /6 /n 2 7//(; c)/ 5478 BliP;hPj:aML+ b%,,I /LO'/."d =NK17AM;;;i++ ma $ q God IIars 1 : CII tO DO 1 361 :000077777 qq III' 51. ?a PAUL REVERE iii STASIA A REVERE 226 RIVER ViEW LN C;ENTERVILLE1 MA 02632-3238 /c)X ?/ = x 53-13/1 IO MA 26708 5479 O}%eroOf /Ua BAN'K ©F=:Ri£A & ACH Rrr Q1 loo0138 A L =J.Tabt 1: O L L O O O 1381:000077 ? ? ?qq 111'51.79 PAUL REVERE III STAS IA A REVERE 226 RIVER VIEW LN CEhfrERVILLE, MA 02632-3238 './„/'Y 5480 5}1 3/1 10 MA 26708 ma C=='- 1/ a XNK OFAK£RI€£%;„ ACH Ra OllCCD138 § / O,CO John BB @;it= „' 376ChZJ / L,aJ 4 i . 1: Q 1 ICIO Cl 1 laI: [3 [] [1 Q 7 777 ? ci ci 1 He ShaO PAUL REVERE iII $TASiA A REVERE 226 RIVER VIEW LN CEV[ERVILLE, MA 02632-3238 /T/i ?/ y 1 1 M a 5477 R%;QOTF:ITban ==gel@BAN ACH Rn OII OCt>138 For_370,c:„.€';,'/$4hl.. ! : O L L O DEI LIB i: C] OOO ? ? ? ? ? Ci q & IIB Sh 7 ? PROJECT NARRATIVE Introduction This project involves the removal of a culvert structure in a drainage system for a cranberry bog. The drainage system previously served bogs on the subject and adjacent properties, but now only serves to drain the bags to the south of Weir Road. The applicant believes that the project is exempt under clause 36 of the WeHands Protection Act, G.L. ch. 131, Sec. 40 (''WPA"), which exempts the-maintenance of drainage and flooding systems of cranberry bogs.” However, the project is subject to the Yarmouth Wetland Bylaw. As such, the applicant has simply filed to obtain a permit under both the WPA and the Bylaw rather than argue over whether the project is exempt from WPA regulation.I Explanation of Project Site At some tirne in the 1940s or 1950s. a drainage ditch was constructed along the border of and through the applicants’ property to service cranberry bogs on neighboring parcels.2 The ditch primarily serves as the drain for bogs on the south side of Weir Road, but, also, receives surface waters from properties to the east. The ditch begins at Weir Road and courses north along the border between the applicants’ property and a neighbor to the east. The ditch then: a) turns 90 degrees to the west onto the applicants' property; and (ii) the turns again 90 degrees to the north and then proceeds north and empties into Mill Pond which is a northwesterly arm of the Bass River estuary. While connected to the estuary, the area where the work to be performed is not tidal as the bottom of the ditch in the work area is higher than the surface of Mill Pond during all but significant storm events. Historically, a concrete box culvert with flash boards was located at the 90 degree turn to the north on the applicants’ property. The date of installation of the culvert is unknown, but is presumed to have been installed when the ditch was originally constructed, A photograph of the concrete culvert is enclosed, The culvert and flashboards created an area of stagnant water that became full of leaves and debris. The concrete culvert opening was approximately ten inches in diameter created a walkway across the ditch that was partially covered by dirt. In 2021, the bog owner increased the flow of water in his bogs from his adjacent pond and replaced the concrete culvert with a larger approximately 12 inch aluminum culvert. A photograph of the aluminum culvert is enclosed. When the bog owner released water from the bogs in early 2022, the increased water flows stirred up the leaves and sediment in the stagnant area south of the culvert and this material blocked flow in the aluminum culvert resulting in minor f£ooding of the property owner to the east’s low lying land. The aluminum culvert was then replaced with a plastic 14 inch culvert and covered with soil Pieces of rock and granite were placed in support Of both the aluminum and plastic culverts to provide a footing and lateral support. A photograph of the plastic culvert is enclosed. The landowner to the east brought a legal action against the applicants and, as part of that proceeding, the applicants agreed to seek removal of any culvert structure so that water flow in the ditch would not be impeded Explanation of Project Implementation The project will proceed as follows. First. hay bales or wattle tubes will be installed along the top of the western banks of the ditch approximately ten feet to the north of the mid line of the culvert crossing and twenty feet to the south of the midline of the culvert. Second, the excavator will follow the path allowed by the enforcement order to the area of the culvert and then turn east to the area protected by the hay bales 1 The applicant does reserve the right to assert that the project is exempt from the WPA if a request is made for a superseding order of conditions. 2 it is unclear as to whether the ditch was constructed as a mosquito control ditch, and position itself so that the arm can reach across the full width of the culvert. A small dump truck will follow the excavator down the same path. It is expected that the dump truck will not be required move significantly off of the path to be located adjacent to the area where the excavator will be located. The excavator will first remove soils above the elevation of the plastic culvert working from east to west across the width of the plastic culvert plus a few inches of each side to remove any rock and granite placed in the area during installation of the plastic culvert. The soils will be transferred directly from the excavator bucket to the truck bed. The culvert will then be removed by grabbing it with the excavator and placed into the truck bed. Supporting stone will be removed and also material placed into the dump truck, Hay bales or wattle tubes will then be installed on the newly created bank, No further excavation will occur in the area of the culvert. The expectation is that the area will reach equilibrium over time with the ditch bottom naturally determining its elevation. As previously stated, the project is being performed to ensure that flow is no longer impeded in the ditch at the request of the neighboring property owner as part of a settlement of claims that the ditch was allegedly causing flooding of their property, The removed material will be disposed of off-site outside of Conservation Commission jurisdiction. Under consideration are sand and gravel facilities on Great Western Road in Dennis or in the sand pit at the adjacent cranberry bog south of Weir Road. Culvert piping will be disposed of at a solid waste facility unless suitable for reuse by the bog owner. Once the excavator and dump truck are removed the area will be inspected for damage to the buffer zone and repaired pursuant to the previously approved seeding plan. That is the applicants' property is subject to a 2023 enforcement order, which required cerlain plantings in the buffer zone and riverfront area with monitoring and replenishment. The applicants will review damage if any consistent with the terms of theenforcement order To minimize damage to the buffer, riverfront area and vegetated wetlands, work only will proceed during relatively dry conditions. Riverfront Area Alternatives Analysis Technically, the land above the culvert is “riverfront area” even though it was created by the placement of soils above the culvert. The riverfront area serves titHe wetland function. In contrast, the goal of the project is to return natural riverine flow to a manmade ditch which has been classified as a “river” under the WPA. As such the project proposes to remove 15 to 20 square feet of riverfront area and replace it with river bottom (i.e., land under the water) and create new banks. As such the project is akin to a restoratiOn project as it is the removal of a manmade device that impedes How 1. No Action Alternative Under current conditions, there is an area of stagnant water to the south of the culvert. The goal of the project is to create natural flow. The no action alternative will not achieve the project goals and is an unnatUral environment which impedes the river’s functions. 2. Alternatives Outside of the Riverfront Area There is no alternative outside of the riverfront area which will return natural flow to the area 3. Replace Existing Culvert with a Larger Culvert This alternative could achieve the project goal of reducing flooding of the property to the east due to flow constriction at the culvert site and would preserve the riverfront area, but would not create any new any new river bottom nor would the culvert result in flow and river bottom being determined by natural forces. 4. Preferred Alternative The preferred alternative eliminates a small area (15 to 20 square feet) of riverfront area, but replaces it with land under water and creates new bank on each side of the ditch. As such, it creates more wetland than it eliminates and that wetland is generally of higher value than the top of a manmade culvert. bJ:{ ii ;1 ;F }{{{ {•§ih '{’IF:2th If fT§Tqa;==@ ;i?b' iIi :{?i n }}[ ; '-Ii\ V: +q:: -.q-:-,' B r+ 8 [ff ) F- i t 1 S lj If ;ifI { 326/ 3 1 1 MAZZOLA STEVEN P MAZZOLA MARY ELLEN B 352 WEiR RD YARMOUTH PORT, MA 02675 Please use this signature to certify this list of properties abu King within 100’ of the parcel located at 370 Weir Rd. Yarmouth Port, MA 02675 Assessors Map 126, Lot 6 1 26/ 4/ / / MEYER DONALD I TRS MEYER SHARYN A TRS 362 WEIR RD YARMOUTH PORT, MA 02675 Mm6, nrector of Assessing October 1-1, 2024 1 26/ 5/ / / STEWART EDWARD T STEWART JANET L 364 WEIR RD YARMOUTH PORT, MA 02675 126/ SI 1 t WRIGHT HARVEY WRIGHT DOREEN M 370 WEIR RD YARMOUTH PORT, MA 02675 120 8/ / / MOOSA MOOSA E TRS PATEL BILKISH TRS 45 HEATH ST BROOKLINE, MA 02445 126/ 41,1/ / / KARRAS STEVEN J TRS KARRAS CHERYL A TRS 379 WEIR RD YARMOUTH PORT, MA 02675 -/ 120 ll 1 1 MOOSA MOOSA E TRS PATEL BILKISH TRS 45 HEATH ST BROOKLINE, MA 02445 126/ 42.3,2/ / / GREW THOMAS A JR GREW LINDA A 353 WEIR RD YARMOUTH PORT, MA 02675 aRT@IED MM@ R©egflPY DameAb£h+&+Onty lI rl FI a 3IIJ 3 U U a Ua ; Cox, rl R9nrn Receipt LectKnlc} []CodifIed Mail Restricted D9Hvery $$ ’}i] , i]}J % f••! B ? : PostmaN< Here ! !:iJ/::1/'2}:}34 B.S, P@ad &@@@? C€RTlrtED MAIL' nEeaPT D©rnle§tie iW,atI GIn.IVLJ qn3 I mriq BR ii:i =8iF Remipl (haaiwpy)a Postmartt(eiectronlc) Hero rl f) D 3 333 3U U q 11aN { !:: /'/ :3./: I:t:+ ;ii;ii M, PaM S&@ae~ eERT§F#eD MAIL® RECEIPT ! ! DomestiC man Only f)3 $b'dry fiR{+®il8h#vi§,tit a&Iiiadbili@ WWwJ-u,gps/earn@. F+hi'I ! i•b!He Recefpt fwdoopy) [] Return R8c8ipt {electronic) [] Certified Mail Restnaed Delivery $ , Signatum F\equir%i Signature Restnoted Datv8ry }!? q 73 rT fl a 3 3 3J 3U U aU3 PostmaNc Here. ! !] /2]/:i::i 24 „,WmW8a*–I $J FRJJ dO [] HaUnt R;dpI haracLpg [] eartHed [] Adult Si9naturu Required aaaa Postmark Here a FRJrru ruruaN } }:i/2]//: i:i]{ U.S. P@taI $&vi;# CERTtHEn MAL® REGEnT Dorne.Mic Mail On'lyJa#drtielWf4rrtar+biatiQiiI v,isB6dIFheb,9 PPIPWMw'i&§©Sl.;a@#nN 'QF Fee iII :I !§{ + aS ! a QCertt6ed Mall Resthcted D8jjyeFy $Here [] Adult Signatue RequIred $_+Win [] Adult Signature RestrIcted DeHvery $ mP U) dO aaaa aruPru FIruaF ! !:i./I:/’f::iii; \R-i–II TkkGhggjjMabtagMii U. S. Pastai 8@rVieew CERTIFIED M}AfL® RECEIPT Domes:iFe 'Mail Orr./yJai jn loiRIatjgh Gi§iiblil w:fbii& ht iinJipg,ii {„] i;Ii I. Lt+ReceIpt {hanfoopy) I RecalIA (eledn>nIc) Hora 'FlesbT<Red rrlF Ln dO aaaa aruFru FRruaN li:i,i;]]/:t:!:{ NOTiFiCATION TO ABUT[ERS UNDER THE MAssACHusETrs WFrLANDS PROTECriON ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A B. The n,me ,f th, ,ppli„„t i, \po CCW k.,,_vl) r+&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) The address of the lot where the activity is proposed is .tProposed work is 376 v& el R<xvX 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 informatEon, 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 g>Y--17 cL- 2£ Q2 Or Applicant’s representatives phone number IOt -217” 1 6;Z O G Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Consewation Commission office at (508) 398-2231 ext, 1288 H.Person sending this notification (applicant, representative or other) Name =LV r Lure J--a Address 22C1\defy;%N b TownC:a+y,3 ,\\\ st,t,FIA zip op.63:2 Telephone (O'6-) 37- /62 D 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. e 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 DEPARTV[:EIVT OF CONSERVATION Saa e£ew/34 t- ';'i{ii:,:n?'/ a{}igTh!’;%liGa. 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:370 a'.;R& Assessors Map/Lot:/4/G 1 (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 By law (Chapter 143) Authorized Signature:Date: Please Print Name: If other than owner, please state whether tenant, agent, or other: Mailing Address:gto (W/ -Cell Lye,;z Ec> Phone:776- Ju9 -„.„@M/%h\ /Z Yarmouth Conservation Cornmission ' 1146 Route 28 • South Yarmouth, MA 026@z++92 Tel. (508)-398-223 1 Ext, 1288 • Fax (508)-398-0836 • TID# (508) 398-2231 coNSERVA'rioN OFFICE Town of Yarmouth Conservation Commission 21-DAY WAIVER Please complete this form, sign at the bottom and return to the Conservation Office I, J-b’, hereby waive the 21-day time period 4or a public hbbring/meeting and/or issuance of the OC)C / DOA / COC / ORAD following receipt of my filing of a khouce of Intent [] Request for Determination of Applicability [] Request for Certificate of Compliance [] Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch, 131, sec, 40, and/or under Yarmouth Wetland Bylaw. The application was submitted on / 8 / aB/aY {date rdceived by Conservation OfFice) for work at ? –7 & LiaR (project address/location) & I am the: [..Hpplicant [] Applicant's Representative [afFa)erty Owner RaIn /SP ?Jy NOTE: Please be advised that you will be notified of the meeting date once this application has been assigned to a Conservation Meeting Agenda at the email address listed on the application 21 day waiver Rev July 2024 Ne\v Logo