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HomeMy WebLinkAboutNOI 1.23.20250 r MATTACMEESE Co e ' RORATEO `�'re&&aa Na&e of Jntent CONSERVATION OFFICE _gee 3af oXxna'if.im: 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. 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 i/ 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. t/ 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. L.-I 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. J.-I 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 -e X. l e, Box 4062 Boston, MA 02211 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 12/2024 Page 1 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(cD_mass.gov with the subject line in the email per DEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied bdirienzoP-varmouth.ma.us and jjerolimo(aD-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 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. Pe, v� � ��% •e �� s-� •�S c �� t��c-���r� 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 &I A Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program J�1 A Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo(a-)yarmouth.ma.us and j'erolimo(a-)-yarmouth.ma.us N A 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.varmouth.ma.us/LF Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 12/2024 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 A. Applicant Information Important: When filling out forms on the computer, 1. Location of Project: use only the tab key to move your 15 Webster Road cursor - do not a. Street Address use the return key. c. Check number tab 2. Applicant Mailing Address: Alfred A. R� a. First Name c. urganlzatlon P.O. Box 808 d. Mailing Address West Yarmouth e. City/Town h. Phone Number i. Fax Number 3. Property Owner (if different): Alfred A. a. First Name c. Organization P.O. Box 808 d. Mailing Address Yarmouth Yarmouth b. City/Town d. Fee amount Delfino b. Last Name MA f. State j. Email Address Delfino b. Last Name 02673 g. Zip Code MA 02673 e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). 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. 10/17/11 Page 1 of 2 Massachusetts Department of Environmental Protection L'J 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 Category 1 Town of Yarmouth C. Submittal Requirements Step 2/Number Step of Activities 3/Individual Activity Fee 2 $110.00 Step 5/Total Project Fee Step 6/Fee Payments: Total Project Fee State share of filing Fee City/Town share of filling Fee Step 4/Subtotal Activity Fee 220.00 100.00 320.00 $320.00 a. Total Fee from Step 5 $97.50 b. 1/2 Total Fee less $12.50 $122.50+ $100.00=222.50 c. 1/2 Total Fee plus $12.50 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.) noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 2 of 2 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #: Form City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name ALFRED A. b.Last Name DELFINO c. Organization d. Mailing Address P.O. BOX 808 e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673 h. Phone Number i. Fax j. Email 2-Property Owner:(if different) a. First Name ALFRED A. b. Last Name DELFINO c. Organization d. Mailing Address P.O. BOX 808 e. City/rown WEST YARMOUTH f.State MA g. Zip Code 02673 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 15 WEBSTER ROAD b. City/Town YARMOUTH Are you exempted from Fee? r Note: Fee will be exempted if you are one of the following: • City/rown/County/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type Activity Activity Fee RF Multiplier Sub Total Number City/Town share of filling fee State share of filing fee Total Project Fee Page 1 of 1 * ELECTRONIC COPY 7 r r r 7 7 r U U U =el it a e..., r '•1` _ sCert fled $ .I6 Extra Services & Fees (check box, add tee I + t ❑ Return Receipt (hardcopY) $ ❑ Return Receipt (electronic) $ -�" Postmark ❑ Certified Mail Restricted Delivery $ �—u Here t, El Adult Signature Required $ ' I F-i4 ^7 �.,`;. ❑ Adult Signature Restricted Delivery $- (. ~'�' ] r Postage $ :; 29/ 15b/ ro t `DEANGELIS DEBRA L�� $ DEANGELIS LANA & LARISSA Sent To 13 AUTUMN RD Streeien� MEDWAY, MA 02053 ------- PS Form 11 April 20151 • •r. •I. 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Certified Mail Fee Extra Se box, 111 as $ � a Services & Fees Retu Retu Cent o El R8tum Receipt (electronic) $ Li7l Postmark fled Mall Restricted Delivery $ Here cz 0 Certified Mall Restricted Delivery $ Adult Signature Required $ E] Adult Signature Restricted Delivery $` ��C3 El Adult ` Postage/ `^ u" - �x / / | ' -' cz Postage '~~ T� .� um-`~� ! ~ D|NDxVD `'*^�^°�=' '�� - � GOD|N H|LARv ruSent To c--'~~^ ~~ "�°" '«� 14xveoSTERRD C/»AYCAm DAYSAL ----m 2sonsysrsnno WEST YAMMOUT*. ��uu8r� ru �~ - WEST ESrv4nmOUTH.MA0ua7o P»��tat ----1 p- �. | 1/22/25, 2:24 PM MassDEP's Online Filing System eDEP- MassDEP's OnlineFiling System MassDEP Home I Contact I Privacy Policy My eDEP Forms My Profile Help Notifications Username: HCONSU LTING Nickname: HCONSULT2 Receipt J Forms Signature Payment Receipt Summary/Receipt a print receipt Exit Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1863840 Date and Time Submitted: 1/22/2025 2:23:58 PM Other Email: Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 15 WEBSTER ROAD General Description: PERMITAND MAINTAIN EXISTING RETAINING WALLS AND FILL, FENCE, AND IMPROVEMENTS TO EXISTING RINSE STATION. Applicant Information Name: ALFREDA. DELFINO Company Address: PO BOX 808, WEST YARMOUTH, MA, 02673 Payment Information Your fee for the state share is $: 97.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 15 Webster Rd WY 29.150 Abutters 15 Webster Rd stamped plan, Yarmouth Delfino Assessors Map Delfino FIRMette Delfino USGS Delfino abutter notification Narrative NOI for EO issued for work in flood zone Delfino My eDEP MassDEP Home I Contact I Privacy Policy MassDEP's Online Filing System ver. 17.11.4.0.© 2024 MassDEP littps://c(lcl).dep.ntass.go%,/eDEP/Pages/1'rintReceipt.aspa 1/1 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1863840 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address 15 WEBSTER ROAD b. City/Town YARMOUTH c. Zip Code 02673 d. Latitude 41.64880N e. Longitude 70.25548W f. Map/Plat # 29 g.Parcel/Lot # 150 2. Applicant: r Individual r Organization a. First Name ALFRED A. b.Last Name DELFINO c. Organization d. Mailing Address P.O. BOX 808 e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673 h. Phone Number i. Fax j. Email 3-Property Owner: r more than one owner a. First Name ALFRED A. b. Last Name DELFINO c. Organization d. Mailing Address P.O. BOX 808 e. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673 h. Phone Number i. Fax j.Email 4-Representative: a. First Name LYNNE WHITING b. Last Name HAMLYN c. Organization HAMLYN CONSULTING d. Mailing Address 690 THOUSAND OAKS DRIVE e. City/Ibwn BREWSTER f. State MA g. Zip Code 02631 h.Phone Number 774-323-0603 i.Fax j.Email Ihamlyn@capecodwetlands.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid b.State Fee Paid c.City/Ibwn Fee Paid 6.General Project Description: PERMIT AND MAINTAIN EXISTING RETAINING WALLS AND FILL, FENCE, AND IMPROVEMENTS TO EXISTING RINSE STATION. 7a.Project Type: l . r Single Family Home 3.r Limited Project Driveway Crossing 5.r- Dock/Pier 7.r Coastal Engineering Structure 9. r Transportation 2. r Residential Subdivision 4. r Commercial/Industrial 6. r- Utilities 8. r Agriculture (eg., cranberries, forestry) 10. r Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: }� Bureau of Resource Protection - Wetlands eDEP Transaction #:1863840 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CMR 10.53 (inland)? 1. r Yes W No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: d.Page: BARNSTABLE 35007 139 B. Buffer Zone & Resource Area Impacts (temporary & permanent) I.Buffer Zone & Resource Area Impacts (temporary & permanent): r This is a Buffer Zone only project - 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) Resource Area a. r- Bank b.r Bordering Vegetated Wetland c.r Land under Waterbodies and Waterways d.r Bordering Land Subject to Flooding e.r Isolated Land Subject to Flooding f r Riverfront Area Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 1. square feet 1. Square feet 3. cubic yards dredged 1. square feet 2. linear feet 2. square feet 2. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name of Waterway (if any) 2. Width of Riverfront Area (check one) r 25 ft. - Designated Densely Developed Areas only r 100 ft. - New agricultural projects only r 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project square feet 4. Proposed Alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. Page 2 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1863840 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOI? r Yesr No 6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yesr No 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. r Designated Port Areas Indicate size under b. r Land Under the Ocean 1. square feet Land under the ocean below, 2. cubic yards dredged c.r Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d.r Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. r Coastal Dunes 1. square feet 2. cubic yards dune nourishment f.r Coastal Banks 1. linear feet g. r Rocky Intertidal Shores 1. square feet h. r Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. i.r Land Under Salt Ponds 1. square feet 2. cubic yards dredged j.r Land Containing Shellfish 1. square feet k.r 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 I.r Land Subject to Coastal 750 Storm Flowage 1. square feet 4.Restoration/Enhancement r Restoration/Replacement 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 entered the additional amount here. a. square feet of BV W b. square feet of Salt Marsh 5.Projects Involves Stream Crossings r Project Involves Streams Crossings Page 3 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1863840 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements 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 of Endangered Species program (NHESP)? a. r Yes P No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map: FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2.r Assessor's Map or right-of-way plan of site 3.f Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** a. r Project description (including description of impacts outside of wetland resource area & buffer zone) b. r Photographs representative of the site c.r MESA filing fee (fee information available at: httn://w w w.mass.izov/eea/aeencies/dfe/dfw/natural-heritaseh•ceulatorv- review/mass-endangered-specie -act-me /mesa-f e-schedule html ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site e.r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following l.r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, htto•//www mass aov/eea/aaencie df /dfw/laws-regulations/cmr/321-cmr-1000-massachusetts-endanaered- snecies-act.html# 10.14; 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. r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1863840 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3.r Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conservation & Management Permit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run? a.r Not applicable - project is in inland resource area only b. r Yes r No If yes, include proof of mailing or hand delivery ofNOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it 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. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.r Yes r No b. ACEC Name If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. 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. r Yes r3 No 5. 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. r Yes r No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. r 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 r Vol.2, Chapter 3) 2. A portion of the site constitutes redevelopment r 3. Proprietary BMPs are included in the Stormwater Management System r b. W No, Explain why the project is exempt: Single Family Home . Emergency Road Repair Page 5 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1863840 WPA Form 3 - Notice of Intent City/I'own:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family r housing project) with no discharge to Critical Areas. D. Additional Information 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 by regular mail delivery. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the r 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 r [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). r 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. ry a. Plan Title: EXISTING CONDITIONS PLAN PREPARED FOR FRED DELFINO, # 15 WEBSTER ROAD, YARMOUTH, MASS, BY TS LAND SURVEYING, INC. b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: THOMAS M. STELLO, PLS January 16, 2025 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. I- 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. r 9. Attach Stormwater Report, if needed. r- Page 6 of 7 * ELECTRONIC COPY X %1attw.afhie Neff% Department of 1'.w irnnmental Prtnitiedtyy %4*KC3t;P- Pi-sitecl►on MOMMR Pik 0; gut of Pr,,IcOlon - %etlands d*.Pitar►►wcOm0,11363W 1' orm Vtttirc ttf intent Cityf fc inn:Va�1 MClR't1i ._�, ! Clfltnt.ls 1'rt,tcttk+n ,141 tit (i ! c 1 11. §40 V V. �. .!,r!' N, . ,w� ,ed fix prt+tett, it) ant < it\ fw\ n . n,nt, of di aril f ,,, the C.'ommurrNtalth. rC6Cttltly reeottnvef Irtdr;rt ,. ''., ! iy,a! hou,rng auttuxrt\. or the Mut.at:hrt.:c'tt, !tat I ra,,,twrtatinn \uthrwrty 41 Me mi6rmauo n tin aldrttorr to pages I and 2 of the Nt H N ctland t-cc transmittal Forms to confirm ter pasmem 3 j-7 I> u7 to Gt✓tJAr`-� ZZI 2V2S r heel tlarc h-L dart ✓\ [ v, �jvi t�� Pa, tt name an ehreA t t . �i�natures and Submittal Requirements I hrr h, certtl� under the peoalue, of perjury that the lbregoi ng Notice of Intent and accompancmg plan~, documents. and supporting, data are irtre .ua cnMl,letc it, the hest ol'mt knoaiedge I understand (fiat the Conservation C'ommtsslon gill place riots icatton of this Notice in a l(xal newspaper .1: Ntc axflcnse of the applicant in accordance wnh the wetlands regulations. 3 10 ('MR I t) 050)(a), u lter still under penalties of perjury that all ahuners were notified of tht, application. pursuant w the requirements of \4 (, 1 c 131. § at; u cc Masi tx made he C'enificate of Mading or in wrnmg h\ hand dehsery or ceruficd mail (retunt receipt requested) to all abutters within Oxf semi ;;rc propemt' line of the project location F r t ttnr<- For Conservation Commission: I .w coptc, oi'the completed \ottce of Intent (Fonn 3). including supporting plans and documents. tow copies of the N01 Ucttand Fee Tramsmtttal Forn1. and the cmrtottnt fee paynicni. to dteConsertmion Commission by certified mail or hand delinert For %la.SSDEP: t hie Cops ,I the completed Notice of' Intent (Form ? ). Including supporting plans and documenm fine cop,. of the MA Wetland Fee i ransmittal I-orm. .mti a eotn of the state tee payment to the MassDEP Regional Office Isec Instructions) M certified mail or hand deltcer, Other: 11,111c applicant has check'tl the "Yes" box fit Section C. Items I-+. atxwc. refer to that section and the Instructions for additional xutnmntal reyurrement, file original and copies must tie scat slmultaneousk I -allure lit the appliewti to send copies to a tlmeh manner ma-, result to drstntssal of the Notice of Intent Page 7 of'"" F..I.I.0 RONK ('0M Alfred Delfino 15 Webster Road West Yarmouth, MA Narrative to accompany Notice of Intent Application Alfred Delfino was issued an Enforcement Order, dated September 24, 2024, for the unauthorized construction of retaining walls and the placement of fill within land subject to coastal storm flowage. This Notice of Intent seeks to permit and maintain the work, as it has minimal impact on the wetlands resource area. In addition, while not included in the Enforcement Order, Mr. Delfino also is requesting approval of a fence; and improvements to the existing rinse station, to include a new enclosure, a block landscape wall, pavers, and stone. Resource area Land subject to coastal storm flowage In accordance with Town of Yarmouth Wetlands Protection Regulations, the boundary of LSCSF shall be the relevant 100 year storm elevation referenced within the latest available National Flood Hazard Layer (NFHL) Maps provided by the Federal Emergency Management Agency. The area of Moderate Wave Action ('MoWa) is a sub -area of LSCSF, with wave heights between 1.5 and 3 feet, and said boundary shall be the Limit of Moderate Wave Action as referenced within the NFHL. Flood Zone AE, el. 11 feet, extends into the property, the limit of which occurs at the 11- foot contour. The elevations shown on the Site Plan are based on NAVD 88. No other wetland resource area is located within 100 feet of the property. Construction The property consists of a small 0.12-acre lot located within a dense residential neighborhood. Mr. Delfino purchased the property in 2022 and began to make needed aesthetic improvements. The existing retaining walls to the rear and easterly sides of the dwelling were rotted and required replacement. The retaining wall boxing the deck and providing the east side of the basement entry, the wall on the west side of the basement entry, and the wall along the easterly property line were rebuilt in their pre-existing locations. The wall that extended west to east across the rear yard, set a few feet off the deck, was relocated and rebuilt at the rear property line. Mr. Delfino wanted create a small, level yard; and preclude the run-off that flowed down the slope onto the abutter's property. Ten cubic yards of fill, loam, and stone were placed onsite to create the yard and provide drainage under the deck, and within a small sitting area. The existing tree was left undisturbed. The vinyl fencing was installed to provide privacy between the closely spaced houses. The Town of Yarmouth Wetlands Protection Regulations (a) General Performance Standards Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering of land shall not have an adverse effect on the interests protected by the bylaw by: i. reducing the ability of the land to absorb and contain flood waters; There was no increase in impervious area. The Applicant placed fill to create a grassed yard, as well as loose stone for improved drainage. i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; The locus is almost 300 feet from Mill Creek, over 1000 feet from Lewis Bay, and approximately 1.5 miles from Nantucket Sound. The construction was done in a low -energy flood zone that is subject to still -water flooding, at the inland boundary ii. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case at the project site, adjacent or nearby properties, or any public or private way. The house is located in a dense residential area between Nantucket Sound and Route 28, with the properties arranged in a more or less grid formation. The minor work will not increase the 2 elevation or velocity of flood waters, nor will it redirect or increase flows or cause channelization. iii. displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife; The property is located at the landward limit of the 100-year flood zone. The property to the rear of the dwelling would be flooded before the water reached the locus site. The property to the west has a similarly raised rear yard that abuts the locus. The wall breaks at the southern property corner. The retaining wall along the easterly property line runs perpendicular to the direction of flooding and would not divert flood waters onto the abutting property. The vinyl fence on top of the lower wall is only —19 feet long, and provides an opening at each end. The fencing along the rear retaining wall is raised approximately 5" above grade. The rinse station straddles the landward boundary of LSCSF. The Applicant installed a new enclosure around the pre-existing rinse station and added a low block wall, steps, and stone. iu causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); The retaining walls and fill will not cause collateral damage to other structures. The fence is located at the upper reaches of the flood zone and would not be completely covered during a 100-year storm event. u causing ground, surface or saltate pollution triggered by coastal storm flowage; The project does not increase the chance of saltate pollution. vi. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation offencing and other structures which prevent wildlife migration across property. The small property in a dense residential neighborhood does not provide significant wildlife habitat, nor is it a migration corridor. The property, like those around it, has been historically maintained. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. There are no other resource areas within 100 feet of the locus site. The property is at a significant distance from other coastal wetlands. viii. If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. And shall meet the following requirements; NA ix. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. NA 4 x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. NA xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. NA xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The property is a developed residential site. The construction did not increase the impervious area. The homeowner planted grass and placed stone in areas to increase drainage. (c) Additional Performance Standards within the MoWA Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a), the following additional performance standards shall apply: i. The new construction and footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet above the BFE. feet. NA ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. The new construction does not redirect or channelize flood waters. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement, the entire building or structure shall be elevated at least two (2) feet above the BFE. NA 5 I - «p �e °tea gas t�sa. __ _a _R PO R• �O� «R e Em. Rn aR I Ye lP QOPO As` I iC � m LLI W e ga _" A m R= Rs a IQ C`R 06 R e 4 O _ ae r m � mR = e ^$ ^mB AR - 00 ��� S,`, fPVENDE $$ a u u res n •` , mRa ^e 3a a a: R'RK ^fie me c$ RY $_ '4 S E` - Ce u hba a7 Eoe :a 5p e� J Ry ^o Ru Y.h.NOWPRD ___- - __________ _ _______tl .�Ce _ _: P'_fiE de ___________ �A CO R ac VJPY —Tr-5 C. ER is W W N 2 M M N mn N C D 00 0 w fn cO U) C U) 0- Q U- Z 00 U Z W ca L0 a r Z Cf m 0 0 z as wN NO �CF 3 �ttO SL) w�0 L = 3Y f ZO w n zoo L OOm lom � O¢y LL � 3aa 29/ 147/ KELLY LAVIN NANCY LAVIN CHRISTOPHER T 36 HIGH ST MEDFIELD, MA 02052 29/ 148.1/ STEINKRAUSS MARK A TRS 91 STANDISH WAY REALTY TRUST 91 STANDISH WAY WEST YARMOUTH, MA 02673 29/ 146/ DAYSAL GULUZAR TRS C/O AYCAN DAYSAL 26 BREWSTER RD WEST YARMOUTH, MA 02673 29/ 150/ DELFINO ALFRED A PO BOX 808 WEST YARMOUTH, MA 02673-0808 29/ 151/ NORTON CLAUDIA 7 SEWALL ST SOMERVILLE, MA 02145 29/ 145/ LEIGHTON ANDREW R 20 BREWSTER RD WEST YARMOUTH, MA 02673 29/ 144/ CADILLAC RONALD J (LIFE EST) CADILLAC ALISON B (LIFE EST) 18 BREWSTER RD WEST YARMOUTH, MA 02673 29/ 159/ ONEILL JOHN F 61 MELROSE ST MELROSE, MA 02176 29/ 162/ HOBBS ALAN (LIFE EST) SHAW CLAIRE B 21 ALDEN RD WEST YARMOUTH, MA 02673 29/ 158/ DALEY BARBARA A TR THE LOSCHI FAMILY IRR TRUST 103 BROOKSBY VILLAGE DR #507 PEABODY, MA 01960 29/ 157/ GODIN DAVID GODIN HILARY 14 WEBSTER RD WEST YARMOUTH, MA 02673 29/ 156/ DEANGELIS DEBRA L DEANGELIS LANA & LARISSA 13 AUTUMN RD MEDWAY, MA 02053 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 15 Webster Rd., West Yarmouth, MA 02673 Assessors.Map 29, Lot 150 Andy Ma ado, Director of Assessing January 9, 2025 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 Alfred A. Delfino. 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 15 Webster Road. D. Proposed work is Permit and maintain existing retaining walls and fill, fence, and improvements to an existing rinse station. 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: 774-323-0603 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 Hamlyn Consulting Address 690 Thousand Oaks Drive Town Brewster State MA Zip 02631 Telephone 774-323-0603 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. m (D 0 U W N 'C7 > O X N C LL m¢ m m y N y c m 3 L mYy a) '; s -o x m w � Ln � m NmO ° LL mcOmC m O . o o° E a m w 0, a)oc os o m (nv r. C m NU NA E LL 'tLL O O jC m mm0. 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