HomeMy WebLinkAboutNOI 1.31.2025C'UNSI:1t��A'I'IQN
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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.
►SLt��Iitl��ft�L�l'� Q�7�)�LC�iflCril:
iVb Does the property have ar)y outstandinglexptred 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 outstandinglexpired Orders have been closed and recorded. (*see page 2)
Hardcopy filing dropped off or mailed to the Conservation Office including:
�1 Administrative Checklist
'� 1 complete NOI application WPA form 3 with original signatures. Typed slgnahrres 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 Wetiand Regulations, delineation sheets (if BVW or vegetated wetlands are
present) or ocher resource area calculations, and supporting information.
�1 100' radius map, current abutters list identifying the property owners who are to be notified per 310
CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor's office.
The Assessor's office requires 7 days advance notice. All abutters must be notified via certified mail.
Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing,
�_1 original and 6 copies of the plan, folded separately, right side out with title and project address visible.
All plans shall reference NAVD1988 unless otherwise noted. See plan requirements
V Yarmouth's share of State filing fee: Separate check made payable to "Town of Yarmouth"
(refer to NOI Wetland Fee Transmittal Forrrr)
t` By -taw 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
:,t'd
��;, DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection
t3ax 4062
Boston, MA D2Z11
Yarmouth Conservltlon Commission • 1146 Route 28 South Yarrnouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288
lieu 03/2024
Page 1 of 2
DEP Subrr►ittal and Digital filing '
If you are filing with MassaEP using eDEf', please inolude a copy of the submittal confirmation with your
application,
I'{� }'� 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(u�mass.gov with the subject line in
the email per DEp's request listed as "YARMOUTM - NCI a Street Addre$s -Applicant Name" and
copied to bdirienzo(awarmouth.ma.us t►nd fkellev(c�yarmouth.ma.us. We must receive a copy of this
email with the application as proof that it has been submitted to DCP.
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 musk 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 nexk hearing date.
�_I understand that in person representation is required at the scheduled hearing to present to the
conservation commission
If �Q�pli�a�le
h1 !! Certified Mall Receipt for Massachusetts Natural Heritage and Endangered Species Program
_Certified Mail Receipt for Massachusetts Division of Marina Fisheries, ff filing via email, CC
bdirienzot�yarmouth.ma.us and fkelleyC�yarmoufh.ma.us
V Waterways jurisdiction —Any coasfal projects such as, but not limited ta, 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 once 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? Da
you need to file with the Yarmouth Board of Appeals? If sa, you must file with ZBA after conservation
permitting is completed.
a If a vacant lot, have you completed and received a determination for the Building Department for a lot
inquiry farm?
*To view all Conservation files/permits for the property ac{dress online, go to www.varmouth.ma.uslLF
Yarmouth Conservation Commission • 1146 Route 28 Souch Yarrpouttl, MA 02GG4-4442
Tel. {5Q8}-348-2231 Ext. 1288
Rev Q3/?Q24 Page 2 of 2
DOWN CAPE ENGINEERING, INC.
939 Main Street
Yatmouth Port, MA, 02675
508-362-4541
Transmittal
Date: January 31, 2025
To: Brittany DlRienzo, Conservation Administrator
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
From: Priscilla Leclerc
RE: NOI for Win Kyaw, 10 Buttercup Lane, South Yarmouth
Enclosed for the NOI submittal are the following:
DCE Job # 24-031
o Checklist
o WPA Form 3 — Notice of Intent application
c eDep confirmation of submission email
a Fee transmittal form
o Project Narrative
o Site Plan Showing Proposed Stairs and Fixed Pier, revised 1-2-25; 7 full size plans, 1
with original stamp & signature
o Waterways Agenda from January 9, 2025
o Shellfish Survey
o USGS Locus Map
o Photos
o Abutters notification letter, list & map
o Site Access Authorization
o Checks to Town of Yarmouth for town share of state fee, town bylaw fees & legal ad
o Certified Mail receipts for abutters
Please call/email should you have any questions.
cc: MassDEP-SERO (online)
DOWN CAVE ENGINEERING, INC.
939 Route 6A, Suite C
Yarmouth Port, MA 02675
Phone: 508-362-4541
priscilla@downcapexom
Massachusetts Department of Environmental Protection
LITk'
eDEP Transa tion opYY
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: DOWNCAPE
Transaction ID: 1790983
Document: WPA Form 3 - NOI
Size of File: 274.00K
Status of Transaction: submitted
Date and Time Created: 113112025:1:13:10 PM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Massachusetts Department of Environmental Provided byMassDEP:
��-- Protection MassDEP File #:
Bureau of Resource Protection -Wetlands
eDEP Transaction #:1790983
WPA Form 3 - Notice of Intent CiWown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
1. Project Location:
a. Street Address 10 BUTTERCUP LANE
b. City/Town YARMOUTH c. Zip Code 02664
d. Latitude 41.69957N e. Longitude 70.17760W
f Map/Plat # 119 g.Parcel/Lot # 34.2
2. Applicant: l
r Individual r Organization
a. Fast Name
WIN
b.Last Name
KYAW
c. Organization
d. Mailing Address
10 BUTTERCUP LANE
e. City/Town
YARMOUTH f. State
MA
g. Zip Code 02664
h. Phone Number
i. Fax
j. Email
3.Property Owner:
r more than one owner
a. First Name
WIN
b. Last Name
KYAW
c. Organization
d. Mailing Address
359 WOBURN STREET
e. City/Town
LEXINGTON f.State
MA
g. Zip Code 02402
h. Phone Number
i. Fax
j.Ernail
4.Representative:
a. First Name
DANIEL b. Last Name
OJALA
c, Organization
DOWN CAPE ENGINEERING, INC.
d. Mailing Address
939 ROUTE 6A
e. City/Town
YARMOUTH PORT f. State MA
g. Zip Code 02675
h.Phone Number
508-362-4541 i.Fax 508-362-9880
j.Email DOWNCAPE@DOWNCAPE.COM
5.Total WPA'Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 210.00 b.State Fee Paid 92.50 c.City/Town Fee Paid 117.50
6.General Project Description:
PROPOSED CONSTRUCTION OF A FIXED PIER AND STAIRS
7a.Project Type:
1. r Single Family Home 2. r Residential Subdivision
3. r Limited Project Driveway Crossing 4. r Commercial/Industrial
5. 'rv- Dock/Pier 6. r Utilities
7.r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry)
9.r Transportation 10. r Other
:z . .. .. L': . . -:. . . ;,. .. I '`i • .. '— di m 1 n —
Page 1 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File #:
.. Bureau of Resource Protection - Wetlands eDEP Transaction 4:1790983
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1. r Yes r 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 36017 66
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.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.hiland Resource Areas: (See 310 CMR 10.54 - 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a.r Bank
1. linear feet 2. linear feet
b.r Bordering Vegetated Wetland
1. square feet 2. square feet
c.i- Land under Waterbodies and Waterways
1. Square feet 2. square feet
3. cubic yards dredged
d.r Bordering Land Subject to Flooding
square feet
3. cubic feet of flood storage lost
2. square feet
4. cubic feet replaced
£ r Riverfront Area BASS RIVER
1. Name of Waterway (if any)
2. Width of River -front 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 13200
square feet
4. Proposed Alteration of the Riverfront Area:
18 18 0
a. total square feet b. square feet within 100 ft. c. square feet between 100 ft.
and 200 ft.
5. Has an altematives analysis been done and is it attached to this NOI? r Yesf/ No
Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
} Bureau of Resource Protection - Wetlands eDEP Transaction #:1790983
y WPA Form 3 - Notice of Intent ciry/rown:YARMOUTII
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 Land under the ocean below,
b. C7 Land Under the Ocean 2.2
1. square feet
2, cubic yards dredged
c.r- Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.i Coastal Beaches 2.2
1. square feet 2. cubic yards beach nourishment
e. r Coastal Dunes
1. square feet 2. cubic yards dune nourishment
£ry, Coastal Banks 24
1, linear feet
g.1- Rocky Intertidal Shores
1. square feet '
h. r Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
i F Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j.iu 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
L r- Land Subject to Coastal
Storm Flowage 1. square feet
4.Restoration/Enhancement
i- 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 BVW
b. square feet of Salt Marsh
S.Projects Involves Stream Crossings
r Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
Page 3 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction 4:1790983
WPA Form 3 - Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
a. nuunber of now stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endaugered Species Act/Wetlands Protection Act Review
l , Is any portion of the proposed project located in 'Estimated Habitat of Hare Wildlife as indicatedon the most recent
Estimated Habitat Map of State Listed Rare Welland Wildlife published by the Natural Heritage of Endangered Species program
(NIILSP)7
a. r Yes rJ No
If yes, include proof of mailing or hand delivety of NO] to:
Natural Heritage and Endangered Species
program
Division of Fisheries and Wildlife
l Rabbit Flip Road
Westborough, MA 01581.
b. Date of map:2021
if yes, the project is also subjoct 10 Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)—
c- Submit Supplemental Information for Endangered Species Review w (Check boxes as they apply)
1, r Percentagelacreage. of property to be altered:
(a) within Wetland Resource Area
(b) outside Resoune Ate
percentagelacreage
percentage/acreage
2. r Assessor's Map or right-of-way plan ofsite
3. r 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 lirni(s of work
a, F Project description (including description of impacts outside ofwetland resource area & buffer zone)
b, r photographs rel'n-esentative of the site
c.f MESA filing fee (fee infonnationavailable at: t,tt„•1masc.gavleea/a4encirw'dfs�{* ditylrtatutal-titritau(: rcu atory-
,r{ruirurJtna¢c-endan�l x�-species-act-mesalmcsl-fee SGhedtrle.hhnl )
Make check payable to "Natural l Tentage & Endangered Species Fund" and mail to NRESP at above address
Pi ojeels alley-Ing 10 ot• more acres of land, also submil:
d. r Vegetation cover type map of site
e. r Project plans showing Priority & F,stimaled Habitat boundaries
d. OR Check 0ae. of the following
IS- Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, / - /
5Wiesact.ltt1n141 @.14; the. N01 must still be. sent to NHESP if the project is within estimated liabital pursuant to 310 CMR
10.37 and 10.59.)
2. r Separate MESA review ongohig.
a. NHESP Tracking Nutnber
b. Date submitted to NI-IESP
3. r Separate MESA review completed.
Include copy of NI-IFSP "no Take' determination or valid Conservation & Management Permit with approved plan.
Page 4 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
1-.._, Bureau of Resource Protection -Wetlands
eDEP Transaction #:1790983
h WPA Form 3 - Notice of Intent CiVrown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
* 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. ry Yes r No
If yes, include proof of mailing or hand delivery of NOI 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.rYes WNo
If yes, provide name of ACEC (see instructions to WPA
Form 3 or DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
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 r 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
Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. r Yes, Attach a copy of the Stonnwater 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 Stonnwater Management System
r
b.1v No, Explain why the project is exempt:
Single Family Horne
. Emergency Road Repair
Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family
Page 5 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
` Protection MassDEP File #:
eDEP Transaction #:1790983
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Ci /Town:YARMOUTH
ty
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
ry [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.
C
a. Plan Title:
SITE PLAN
SHOWING
PROPOSED STAIRS
AND FIXED PIER
b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
DANIEL A. OJALA,
PE, PLS
January 2, 2025
5. If there is more than one property owner, please attach a list of these property owners not listed on this form.
1
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
1`
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
ry
8. Attach NOI Wetland Fee Transmittal Form.
P
9. Attach Stormwater Report, if needed.
r
Page 6 of 7 * ELECTRONIC COPY
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Page 7 br-7 JKV.kOrgoit 4mpy
Priscilla Leclerc
From:
edep.confirmation@mass.gov
Sent:
Friday, January 31, 202S 12:53 PM
To:
Heatherlee Vermette
Cc:
Priscilla Leclerc
Subject:
eDEP Submittal Confirmation for DEP Transaction ID: 1790983
Thank you for using eDEP Online Filing from the Massachusetts Department of Environmental Protection. Your
transaction is complete and has been submitted to MassDEP.
This email is your receipt for the eDEP Online Filing transaction described below. Please review it and keep a copy for
your records.
Please do NOT reply to this message, this email address will not receive messages. For assistance with eDEP Online
Filing, please email the eDEP-Support at mailto:edep-support@mass.gov or call 617-626-1111.
MassDEP is interested in how we can serve you better. To help us make improvements to eDEP, please take a minute to
complete our eDEP Online Filing Survey at http://www.mass.gov/eea/agencies/massdep/service/online/edep-contacts-
and-feed back. html.
To contact MassDEP Programs, please see http://mass.gov/dep/about/contacts.htm.
**************************************************************************************
DEP Transaction ID: 1790983
Date and Time Submitted: 01/31/2025 12:52:58
**************************************************************************************
Form Name: WPA Form 3 - NOI
Project Location
City/Town Name: YARMOUTH
location: 10 BUTTERCUP LANE
General Description: PROPOSED CONSTRUCTION OF A FIXED PIER AND STAIRS Applicant Information
Name: WIN
KYAW
Company
Address: 10 BUTTERCUP LANE
YARMOUTH
MA
02664
Payment Information
Your fee for the state share is $: 92.50 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 :
24-031 Kyaw Abutters Notice, List & Map
24-031 Kyaw NOI Project Narrative
24-031 Kyaw Photos
24-031 Kyaw Shellfish survey
24-031 Kyaw Site Access Authorization
24-031 Kyaw Site Plan Pier & Stairs rev 1-2-25 b&w
24-031 Kyaw USGS Locus Map
24-031 Kyaw Waterways Meeting evidence
**************************************************************************************
EMAIL ID OF THE USER: info@downcape.com
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:
1 , WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1790983
City/Town:YARMOUTH
t Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
a. First Name
WIN
b.Last Name
ICYAW
c. Organization
d. Mailing Address
10 BUTTERCUP LANE
e. City/Town
YARMOUTH f. State
MA
g. Zip Code 02664
h. Phone Number
i. Fax
j. Email
2.Property Owner:(if different)
a. Fast Name
WIN
b. Last Name
KYAW
c. Organization
d. Mailing Address
359 WOBURN STREET
e. City/Town
LEXINGTON £State
MA
g. Zip Code 02402
h. Phone Number
i. Fax
j.Email
3. Project Location:
a. Sheet Address
10 BUTTERCUP LANE
b. City/Town
YARMOUTH
Are you exempted fiom Fee? r
Note: Fee will be exempted if you are one of the following:
• City/Town/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
A.) WORK ON SINGLE FAMILY LOT; ADDITION, 1 110.00 110.00
POOL, ETC.;
A.) WORK ON DOCKS, PIERS, REVETMENTS, 25 4.00 100.00
DIKES, ETC. (COASTAL OR INLAND).
City/Town share of filling fee State share of filing fee Total Project Fee
$117.50 $92.50 $210.00
Page 1 of 1 * ELECTRONIC COPY
NOTICE OF INTENT NARRATIVE
10 Buttercup Lane
Follins Pond, South Yarmouth
PROJECT NARRATIVE FOR PROPOSED CONSTRUCTION OF A FIXED PIER AND STAIRS
Introduction
The site consists of an existing dwelling on a 13,200 sf lot, bordered to the north by tidal Follins Pond. An
Interim Approval (License #8930) issued in 2001 for the current stairs and a "2'3" x 10' existing dock" for a
previous owner. The license has expired due to the change in ownership, and along with the poor condition
of the stairway and the dock not present anymore, on behalf of our client we are applying for permission to
construct a new stairway and fixed pier to be centrally located on the site.
The Resource areas associated with the project are Salt Marsh (nearby), Coastal Beach, Coastal Bank,
Land Containing Shellfish, Land Under Ocean, Fish Run and Land Subject to Coastal Storm Flowage. A
shellfish survey was conducted in June 2024 by John Lowell of East Dennis Oyster Cc; the report is
enclosed as part of this filing package.
310 CMR 10.30 Coastal Bank 10.27 Coastal Beach 10.32 Salt Marsh 10.58 Riverfront
The entire site lies within the Riverfront Resource Area. The structures that are subject to a Ch. 91 license
are exempt from Riverfront regulations and associated fees. The proposed stairway is in place of an
existing stairway that is in an unusable condition. There is an increase of 18 sf with the new stairway, 6 sf of
which is within lawn area. This de minimus increase, necessary for safe access, will not have deleterious
effects upon the Riverfront area.
The Coastal Bank, roughly at elevation 16 NAVD, is an elevated and vegetated landform the top of which is
above the 100 year flood elevation of 9 NAVD. The toe of the bank is stabilized somewhat by a low rock
wall that has existed for some time (age unknown). The area of the current stairway has suffered some
erosion; the homeowner will address this in the near future. The proposed stairway will be located more
centrally on the site, in a more stable area of the bank. Two 4"x 6" posts will be set manually to support the
stairway about halfway down the bank. No trees or significant vegetation is expected to be removed. The
stairs will not have risers.
The capacity of the Bank to respond to weather/tidal events will not be affected by the stair construction.
The stairway will contain foot traffic, thereby further protecting the Bank, while allowing safe access to the
water.
The Coastal Beach is an area of sand that lies seaward of the toe of the Coastal Bank and extends to Mean
Low Water. There is very little Salt Marsh on site, none of which will be impacted by any portion of the stair
and pier construction. The Beach will continue to respond to wave activity and high tides. Four 10" pilings
are proposed in this area for pier support, which will impact 2.2 s.f. of bottom area. The 18'x 4' fixed pier will
span the Beach, to initiate at the toe of Bank.
The width of the composite decking is proposed at 4' and have a min. 1" spacing. A sign shall be placed
near the mean high water mark to indicate to the public their lateral passage rights under the pier where
there will be 5' headroom.
-1-
310 CMR 10.34 Land Containing Shellfish, 10.35 Fish Run, & 10.25 Land Under Ocean
The 10" pilings shall be CCA pressure treated. The piling shall be initially jetted and then butt driven to
minimize turbidity. There shall be no grounding of machinery or barge at low tide. The vertical surface area
of the pilings serve as attachment areas for shellfish spat and barnacles. By providing permanent piling,
seasonal disturbances from installation and removal of temporary posts are eliminated.
A shellfish study performed in 2024 by John Lowell of East Dennis Oyster Co. indicated that there was a
"healthy quahog population" within firm substrate starting at 50' beyond MHW. The pier has been designed
to avoid this shellfish area. Should any shellfish be encountered during construction, they shall be moved
and re -planted at the discretion of the Natural Resources Department. The remaining 18' permanent section
substrate footprint (with the exception of 2.2 sf) is available to the public for scratching for
quahogs/littlenecks should they settle in that area.
The minor turbidity from piling installation will have no effect on the Fish Run or Land Containing Shellfish.
The current is expected to clear the water of any temporary impacts from sediment suspended within the
water column. The driving of piling vs. all jetting will minimize sediment disturbances.
Land Subject to Coastal Storm Flowage
The site is subject to the 100 year flood elevation of 9 NAVD with that portion landward of this as above the
500 year flood elevation. The stairway will be installed on a more stable portion of the bank with one set of
posts mid -way down the bank for stability. No risers are proposed. The stairway is not expected to
exacerbate the erosion of the bank.
RARE SPECIES
The pier is not located in a Priority Habitat or Estimated Habitat for state -listed rare species as shown on
Mass. GIS Oliver Maps dated 2021.
Under Town of Yarmouth Pier Regulations 3.01, d. December 2023
(1) Permanent sign required, facing open water 1 sf max., at end of pier indicating DEP permit number
and street address where dock is located
(2) One inch plank spacing proposed, maximum 4' wide
(3) No elimination of moorings, no impeding of navigation due to its position in a small cove -like area of
the pond
(4) No salt marsh to be impacted by pier, ramp or floats
(5) No navigational impacts due to its positioning well outside any boat traffic. Area is not used for
swimming
(6) Public right of passage A sign is proposed at the pier at MHW informing the public of their right to
pass beneath pier for along shore access.
(7) Base of the pier shall be as close as possible to the centerline of the lot River frontage is
approximately 80'. The pier will be 36' easterly of the westerly lot line and 40' to the easterly lot line,
thereby meeting the 25' min. setback.
-2-
(8) Lights, if desired, shall adhere to the Yarmouth guidelines: directed downwards and shielded to
avoid disturbing neighbors and disrupting navigation.
(9) n/a (not a shared dock)
(10) Maximum length of fixed pier is 20.5' from MHW (well under the 80' maximum allowed).
(11) The water depth at the end of the fixed pier at MLW is 0.5'. On behalf of our client, we are
requesting a variance to the 3' requirement due to hardship. We can only attain another 1.7' of
depth extending the pier out the maximum 80' allowed. This would also place the pier within the
shellfish area. The pier, in effect, becomes a walkway to be utilized for shore access for non -
motorized boats. The homeowner is aware of the limits imposed by the water depths and would
only be utilizing kayaks, paddle boards and the like because of it.
(12) (a) New dock will be 89' to the westerly pier and 60' to the easterly pier (variance of 15' requested).
Hardship exists due to the small amount of water frontages of these lots. It is not a high traffic
boating area, mostly used as small craft access. (b) Navigable channel/any boat moorings are
greater than 100' from the proposed pier (c) Greater than 300' to a small craft launching area from
town property to the east (d) dock is greater than 25' to abutting property lines
(13) n/a (no floats)
(14) Owner does not have a jet ski (n/a)
(15) No lifts proposed
(16) n/a (nothing to be removed for off-season)
(17) n/a No existing dock at this time
(18) Non-CCA material proposed except on those timbers/piles that are greater than 3" in thickness
(19) Dock is not within a no -dock zone
(20) n/a
(21) Although the existing stairway and dock had been permitted in the past, the time limit for re-
construction has expired
(22) n/a
(23) n/a
(24) a -I: Soundings performed as per requirements. No eel grass beds noted. No navigation channels
within 200' of dock. No public, commercial or navigation aids within 200' of dock. Buttercup Lane
town landing is greater than 250' to dock. No shellfish relay areas within 200' of dock.
Methodology previously described. No grounding of equipment allowed (no installation of pilings at
low water). Soundings survey done at normal low tide conditions, light winds. Shellfish survey
performed by John Lowell.
In summary, the pier will require 2 variances under the Yarmouth Dock Regulations because of site
hardships. Specifically, the required 3' depth of water at MLW cannot be attained in the maximum 80'
-3-
length allowed. Maximum depth at MLW at 80' is 1.7'; this would place the pier within surveyed shellfish
area. By allowing a "dinghy dock" with about 0.5' of water at MLW impacts to the shellfish will be negligible,
if any. By allowing a "dinghy dock" with 0.5' of water at MLW, the owner is able to access the river and
Follins Pond with their kayak/canoe without having to drag the crafts across the Coastal Beach. The second
requested variance is the setback distance to the easterly abutting pier (from 75' to 60'). This variance is
required due to the small length of water frontage for these lots. The small amount of boating activity in this
area will not be impacted from this reduction in setback.
The Commission may, "at its discretion waive one or more of these regulations when the proposed
work ... will not adversely affect any areas subject to the protection of these regulations". See Yarmouth
Wetland Regulations, section 7. There will be no adverse effect to any areas subject to the protection of
these regulations.
Construction Protocol
It is expected that the pier work (installation of piling and decking materials) will occur from a barge during
higher tide conditions so that it will not ground out. The stairway construction will commence from the toe of
the bank, with handwork occurring between the top and toe of the bank. No heavy machinery will be utilized
on or near the top of the bank. Materials will be stockpiled in the owner's yard and on the barge.
Restoration of the upland area landward of the bank which is expected to be disturbed during construction
activities shall be restored to pre -construction conditions.
-4-
TOWN CLERK RE
i' l2MtllliH JAN ? 25 AMR: 54
Town) of Yarmouth
Per M.C.L.: All town and school boards, committees, commissions, and authorities shall post a notice of every
meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays, and legal holidays. !Notice shall
contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting.
Notice of Meetings
Name of committee, board, etc.:
Waterways 1 Shellfish Advisory Committee
Date of Meeting:
January s, 2026
Time:
5:30 p.m.
Place:
424 Route 28, West Yarmouth, MA 02673
Agend-
1. Public comment
2. Revised Notice of Intent
a. Dan Cjala, 18 Buttercup Lane, proposed pier
3. Notice of Intent
a. Hannah Raddatz, BSC Group, 146 Mayflower Terrace, proposed construction of
a pier, ramp, and float system, and stone revetement replacement
b. Paul Mancuso, BSC Croup, 172 Pawkannawkut Drive, proposed bulkhead with
pier, ramp, and float
4. Approval of Meeting Minutes 12/16/2024
5. Committee Discussion & Division Updates
Posted By (Name): William D. Bonnetti, Director/Harbormaster
.Julian Mallett, Chairman
Signature: William D. Bonneffr
John Lowell
P. O Box 501
South Dennis, MA 02660
JULY 19, 2024
TO: Conservation Commission
FROM: John Lowell
SUBJECT: Shellfish Survey, 10 Buttercup Lane. So.Yarmouth MA
SURVEY DATE: 6/26/24
CREDENTIALS AND EXPERIENCE of SURVEYOR:
Shellfishing is the surveyor's full time occupation, and he has been shellfishing on Cape Cod
since 1983
Has held commercial and family licenses since the mid-90's
Aquaculture permit since 2003
Interstate Wholesale Dealer license since 2006
Shellfish Committee member for Town of Dennis since 2004
Shellfish surveys and relays for the Town of Dennis since 2006
John Lowell
P. O Box 501
South Dennis, MA 02660
SITE LOCATION: 10 Buttercup Lane So. Yarmouth, MA
DATE: 6/26/24
TIDE: going, low tide 11:04 am
WEATHER: 79 degrees, overcast
SITE CONDITIONS
The site consists of a steep vegetated bank down to an existing rock revetment at MHW. There is
a narrow strip of beach between MHW and MLW. There us an existing stairway fi•om the house
to the beach that has fallen into disrepair. This site has a low velocity tidal flush. A healthy
quahog population was encountered from the 50' mark extending out into the pond. This area
does not appear to have been fished commercially for quite some time. The bottom was firm in
the entire sample area.
No eelgrass was present on this site.
TECHNIQUE
63 approx. 3'X3' sampling plots were established at 10' increments from MHW to the 120'
mark. A standard quahog rake lined with'/z" mesh was used for all sampling plots.
SHELLFISH SURVEY PLOT SAMPLING RESULTS -
10 BUTTERCUP LN SO. YARMOUTH
TRANSECT#
PLOT#
A
B
C
D
E
120'
LN Q CH
2Q CH
2CH SEED
3Q CH
2CH 2Q
110'
3Q
CH LN Q
3CH 2Q
LN
3Q LN
100
Q CH
2CH Q
Q LN CH
3Q LN CH
0
90'
SEED
CH
Q
2Q
2Q CH LN
80'
0
4Q LN
2CH Q
CH LN
LN Q
70'
3Q CH
Q
Q
2Q
4Q
60'
LN CH Q
2Q CH
Q
2Q
2Q
50'
3Q
3Q SEED
Q
0
2Q
40'
Q
Q
0
0
0
30'
0
0
0
0
0
20'
0
0
0
0
0
10'
0
0
0
0
0
0'
0
0
0
N/A
N/A
KEY
OY = OYSTER
SHACK = DEAD SHELL
CH = CHERRYSTONE
Q= QUAHOG
LN = LITTLENECK
SEED = QUGHOG SEEDLING (<1")
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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 Win Kyaw
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 10 Buttercup Lane, South Yarmouth
D. Proposed work is Proposed Construction of a Fixed Pier and Stairs
E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation
Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more
information, call (508) 398-2231 ext. 1288.
F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's
representative. Applicant's phone number
Or Applicant's representatives phone number: 508-362-4541
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)
NOTES :
DOWN CAPE ENGINEERING, INC
939 ROUTE 6A
YARMOUTH PORT, MA 02675
Telephone: 508-362-4541
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.
119/ 33/
THE 2 BUTTERCUP REALTY TRUST
C/O A & M MANAGEMENT GROUP LLC
8 COURTYARD PL
LEXINGTON, MA 02420
119/ 34.2/
KYAW WIN
LEE CHIA
359 WOBURN ST
LEXINGTON, MA 02402
119/ 35/
TIMPERIO ANTHONY
22 BUTTERCUP LN
SOUTH YARMOUTH, MA 02664
119/ 36/
FLINT JOHN K
FLINT DONNA J
26 BUTTERCUP LN
SOUTH YARMOUTH, MA 02664
119/ 29/
KURTOWICZ PETER L
KURTOWICZ MAUREEN T
3 BUTTERCUP LN
SOUTH YARMOUTH, MA 02664-1105
119/ 28/
GUARINO CHARLES P JR
HILL ELIZABETH
53 BRIDGE ST
NEWTON, MA 02458
119/ 27/
WHITE REX E
WHITE CHRISTINE ANN
17 BUTTERCUP LN
SOUTH YARMOUTH, MA 02664-1105
119/ 34.1 /
HOLLANDER ADRIENNE F
17 WELD ST #38
FRAMINGHAM, MA 01782
119/ 34.3/
LLANES PAUL
LLANES CATHERINE DOVELL
14 BUTTERCUP LANE
SOUTH YARMOUTH, MA 02664
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
10 Buttercup Ln , South Yarmouth, MA 02664
Assessors, Map,119,, Lot 34.2
Andy Ma0ado, Director of Assessing
January 31, 2025
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DEPARTMENT
OF
C,ONSRRVATIO'N
ite VV i •
A. eta M n
f'er dl� Jr:..cuy n
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: j0_PUTTVKGUf' tAM- i jVj) {
Assessors Map/Lot: _- 1+ Z-
I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its
agents to enter upon the referenced property for the purpose of gathering information regarding the
application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s.
40) andlor the Yarmouth Wetlands Protection Bylaw (Chapter 143).
Authorized Signature: Date,
Please Print Name:
if other than ownet•, please state whether tenant, agent, or other:
Q-�VWATIVV
Mailing Address: 3iNN
39 izaa 62A . w rit 0
t�r:rr���►�-rty�
Phone; SD`� Ceii:
(Zer ;-� T-ATIV
Email: I info o) Tax:
Yarmouth Conservation Commission • 1 146 Route 28 • South Yarmouth, MA 02564-4492
7-el. (508)-398-2231 l xt, 1288 • I-ax (508)-398-0836 • TTll# (509) 398-2231