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Home My WebLink AboutRDA 12.17.2024 JC ENGINEERING, Inc. Civil & Environmental Engineering 2854 Cranberry Highway East Wareham, Massachusetts 02538 Ph. 508-273-0377 Fax 508-273-0367 REQUEST FOR DETERMINATION OF APPLICABILITY TOWN OF YARMOUTH CONSERVATION COMMISSION 88 PINE CONE DRIVE WEST YARMOUTH, MASSACHUSETTS DECEMBER 17, 2024 PREPARED FOR: LOU PALMIERI 17 DOTTY ANN DRIVE FRAMINGHAM, MA 01701 PREPARED BY: JC ENGINEERING, Inc. Civil & Environmental Engineering 2854 Cranberry Highway. East Wareham, Massachusetts 02538 Ph. 508-273-0377 December 17, 2024 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664-4492 RE: Request for Determination of Applicability for 88 Pine Cone Drive, W. Yarmouth, MA Dear Sirs and Madams: Please find enclosed a Request for Determination of Applicability (RDA) of the Wetlands Protection Act and the Town of Yarmouth Wetland By-Law, Chapter 143, accompanied by a supporting design drawing entitled “Proposed Site Plan” located at 88 Pine Cone Drive, West Yarmouth, Massachusetts, dated November 9, 2024 for your review and approval. This project involves the tear down of an existing 3-bedroom single-family home and the construction of a new 3-bedroom single-family dwelling, Title 5 septic system, driveway, grading, and utilities on a 9,277 square foot lot. All the above-mentioned work is located within Land Subject to Coastal Storm Flowage Zone AE (EL.11) only. No wetlands exist within 100 feet of the subject property. Under existing conditions, the property consists of a 3-bedroom single family dwelling, shed, driveway, failed septic system, lawn area, fencing, and ornamental vegetation. The property is relatively flat with mostly lawn area, a few trees, and some ornamental plantings. All above-mentioned proposed work is not located within Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species as indicated on the most recent Estimated Habitat Map of state-listed rare wetland wildlife published by the Natural Heritage and Endangered Species Program. Also, based on MassGIS's Online Mapping Tool, there are no certified or potential vernal pools on the subject property. We feel that the proposed work as shown on the attached plan will have no adverse impact to the flood zone or environment. In fact, we believe the new septic system portion of the work will create an improvement to the environment whereas the new leaching system will have a minimum of four (4) feet of separation to the groundwater compared to the existing failed system that has approximately only two (2) feet of separation. Thank you for your assistance with this project. Sincerely, Michael Pimentel Michael Pimentel, EIT, CSE Project Engineer wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Municipality A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Lou First Name Palmieri Last Name 17 Dotty Ann Drive Address Framingham City/Town MA State 01701 Zip Code Phone Number Email Address 2. Property Owner (if different from Applicant): First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3. Representative (if any) Michael First Name Pimentel Last Name Company Name 2854 Cranberry Highway Address East Wareham City/Town MA State 02538 Zip Code 508-273-0377 Phone Number mpimentel@jceng.org Email Address (if known) B. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 88 Pine Cone Drive Street Address West Yarmouth City/Town How to find Latitude and Longitude 41.64255 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) -70.24249 Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) and how to convert to decimal degrees 22 Assessors’ Map Number 196 Assessors’ Lot/Parcel Number b. Area Description (use additional paper, if necessary): See attached narrative dated 12-17-24 c. Plan and/or Map Reference(s): (use additional paper if necessary) Proposed Site Plan Title 11-9-24 Date Title Date wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): This project involves the tear down of an existing 3-bedroom single-family home and the construction of a new 3-bedroom single-family dwelling, Title 5 septic system, driveway, grading, and utilities on a 9,277 square foot lot. All the above-mentioned work is located within Land Subject to Coastal Storm Flowage Zone AE (EL.11) only. No wetlands exist within 100 feet of the subject property. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) 22/ 220/ / / HAYES DANIEL F HAYES MARCELA M 95 PINE CONE DR WEST YARMOUTH, MA 02673 22/ 221/ / / EDWARDS WAYNE JOSEPH TR EDWARDS THERESA MARY TR 91 PINE CONE DR WEST YARMOUTH, MA 02673 22/ 196/ / / BARCROFT JON W TR C/O LVJ HOMES LLC 17 DOTTY ANN DR FRAMINGHAM, MA 01701 22/ 194/ / / GENDRON THERESA M TRS THE 80 PINE CONE DR REV TR 11 SUNNYSIDE TER SOUTH GRAFTON, MA 01560 22/ 203/ / / LEONOVICH JUDITH A 83 PINE CONE DR WEST YARMOUTH, MA 02673 22/ 199/ / / CAPOBIANCO CHRIS CAPOBIANCO MARY BETH 25 CHAMBERLAIN CT WEST YARMOUTH, MA 02673 23/ 1/ / / SPIRIDIGLIOZZI JOHN C SPIRIDIGLIOZZI CHRISTINE E 131 TEMPLE ST WEST ROXBURY, MA 02132 22/ 195/ / / GROCHOWSKI LUKASZ 12 BURGOYNE ST APT 1 DORCHESTER, MA 02124 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:88 Pine Grove Dr., West Yarmouth, MA 02673Assessors Map 22, Lot 196______________________________________Andy Machado, Director of AssessingDecember 13, 2024 NOTIFICATION TO ABUTTERS UNDER THE TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the Town of Yarmouth Wetland Regulations Section 2.03, you are hereby notified of the following: A. The name of the applicant is ________________________________________________ B. The applicant has filed a Request for Determination of Applicability with the Yarmouth Conservation Commission, seeking knowledge of whether a project is subject to the Wetlands Protection Act (MGL c. 131 s. 40) or Bylaw (Town of Yarmouth Wetland By-Law, Chapter 143). C. The address of the lot where the activity is proposed is ______________________________ D. Proposed work is _____________________________________________________________ ____________________________________________________________________________ E.Copies of the Request for Determination of Applicability 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 Request for Determination of Applicability may be obtained from either the applicant or applicant’s representative. Applicant’s phone number ________________________ Or Applicant’s representatives phone number ___________________________________ G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ Telephone _______________________________________ Note: 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 on the Town Website 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. 12/11/24, 1:08 PM about:blank about:blank 2/3 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 7/24/2024 at 7:02 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°14'52"W 41°38'47"N 70°14'14"W 41°38'20"N Basemap Imagery Source: USGS National Map 2023 LOCUS PH: (508) 273-0377 EAST WAREHAM, MA 02538 2854 CRANBERRY HIGHWAY JC ENGINEERING, INC. PREPARED BY: SCALE: 1" = 1000' LOCUS MAP DATE:12-11-24 88 PINE CONE DRIVE WEST YARMOUTH, MA 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 • bdirienzo@yarmouth.ma.us Rev. 03/2024 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: Hardcopy filing dropped off or mailed to the Conservation Office including: 1 RDA Administrative Checklist 1 complete RDA application WPA form 1 with original signatures (double sided). * Detailed narrative of the project with sufficient information to enable the Commission to determine whether the proposed work will alter an area subject to protection. If BVW or vegetated wetlands are present, delineation sheet(s), coastal bank calculation and other relevant material if applicable (not applicable for flood zone only projects). Yarmouth Assessor’s locator map highlighting parcel(s) where work is proposed, including map and parcel numbers 1 current abutters list identifying the property owners who are to be notified and abutter notification form. All abutters to be notified via certified mail, Certified Mail Receipts (PS Form 3800) must be provided. 1 original and 6 photocopies of the plan/sketch, folded separately, right side out with title and address visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed and existing conditions, native species, quantity, size and spacing. 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. Digital and DEP filing A pdf of the entire application emailed to bdirienzo@yarmouth.ma.us and DEP Southeast Region at SERO_NOI@mass.gov in the same email. Subject line shall be “YARMOUTH - RDA – Street Address - Applicant Name” Please list project property’s street address in the pdf file name. 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. I understand that in person representation is required at the scheduled hearing to present to the conservation commission. *If the applicant is NOT the property owner: Please submit a signed Site Access Authorization Form; AND The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this office. Please submit a copy of the Certified Mail receipt with application. CONSERVATION OFFICE Administrative Checklist Request for Determination of Applicability 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 • bdirienzo@yarmouth.ma.us Rev. 03/2024 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