HomeMy WebLinkAboutNOI 2.19.2025DOWN CAPE ENCINEERINC, INC.
939 Main Street
Yarmouth Port, MA 02675
508-362-4541
Transmittal
Date: February 19, 2025
To: Brittany DiRienzo, Con.scrvation Administrator
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
From: Priscilla 'Leclerc
DCE Job # 24-020
RE: NOI for Harriet & Raymond Fellows, 222 Blue Rock Rd, So. Yarmouth
Enclosed for the NOI submittal are the following:
o Checklist
o WPA Form 3 — Notice of Intent application
o eDep confirmation of submission email
o Fee transmittal form
o Project Narrative
o Site Plan Slowing Existing Licensed Pier with Modified Float, Ramp, Piles and
Portion of Rock Wall to be Licensed, prepared for Harriet & Raymond Fellows,
dated November 25, 2024; 7 full size plans, 1 with original stamp & signature
o Waterways Agenda from February 13, 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 and Division of Marine Fisheries
Please call/email should you have any questions.
cc: MassDEP-SERD (online)
DOWN CAPE ENGINEERING, INC.
939 Route 6A, Suite C
Yamiouth Port, MA 02675
Phone: 508-362-4541
pi-iscilla@downcape.com
CONSERVATION
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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.
6 Does the property have any outstandinglexpired Orders of Conditions? If so, please file a Reguest
for Certificate of Compliance for each outstandinglexpired 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:
V 1 Administrative Checklist
1 complete NOI application WPA.form 3. with original signatures. Typed signatures will not be accepted.
V 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.
V 1 100' radius rnap, 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 notifed 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 pian, folded separately, right side out with title and project address visible.
All plans shall reference NAVD1988 unless otherwise noted. See plan requirements
Yarmouth's shale of State tiling fee: Separate check made payable to "Town of Yarmouth"
�i) (refer to N01 Wetland Fee Transmittal Form)
By-law filing f e: Separate check made payable to "Town of Yarmouth"
f.2&45. 00
Legal ad fee: $ ad Separate check made payable to "Town of Yarmouth"
Please list project property's street address on checks. Refer to Fee Schedule
0rV4jW:' DEP share of the fee (refer to N01 form) shall be sent. to: Dept. of Environmental Protection
Box 4062
Boston, MA 02211
Yarmouth Conservation Commission - 114G Route 28 South Yarmouth, MA 02664.4492
Tel, (5081-398-2231 Ext. 1288
Rev 12 f2024 Page 1 of 2
DEP Submittal and Digital filing
If you are filing with MassIDEP using e»EP, please include a copy of the submittal confirmation with your
application.
NIA 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[a?mass.gov with the subject line in
the email per DEP's request listed as "YARMOUTH - NO] - Street Address - Applicant Name" and
copied bdirienzoCa7yarmouth.ma.us and iierollimoCc_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
� 11 CERTIFY that all on -site requirements will be completed by noon on the Friday prior to the hearing
date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be
staked or flagged.
Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be
deemed incomplete and be continued to the next hearing date.
understand that in person representation is required at the scheduled hearing to present to the
conservation commission
ltApplicable
l%i 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(&varmouth.ma.us and ijerolimo ,ywmouth.ma.us
Waterway's jurisdiction — Any coastal projects such as, but not limited to, docks, piers, bulkheads,
pej(f PA revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and
2-13'25 supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural
Resources office by certified mail or hand delivery. The applicant or hislher 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
N/A you need to file with the Yarmouth Board of Appeals? If so, you must fife 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
t4/A inquiry form?
"To view all Conservation fileslpermits for the property address online, go to www.yarmouth.ma.us1LF
Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492
Tel. (509)-398-2231 Ext. 2288
Rev 12/2924 Page 2 of 2
Massachusetts Department of Environmental Protection
o-&DEP Transaction Copy
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: 1860423
Document: WPA Form 3 - NOI
Size of File: 273.07K
Status of Transaction: In Process
Date and Time Created: 2/19/2025:3:11:39 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 by MassDEP:
Protection
MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction 4:1860423
City/Town:YARMOUTH
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.General Information
1. Project Location:
a. Street Address
b. City/Town
d. Latitude
f. Map/Plat #
2. Applicant:
l✓ Individual r Organization
222 BLUE ROCK ROAD
YARMOUTH
41.68815N
101
c. Zip Code 02664
e. Longitude 70.16625W
g.ParceULot # 168
a. Fast Name
RAYMOND F. & HARRIET A.
b.Last Name
FELLOWS
c. Organization
RAYMOND AND HARRIET FELLOWS REVOCABLE TRUST
d. Mailing Address
222 BLUE ROCK ROAD
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. Fist Name
RAYMOND F. & HARRIET A.
b. Last Name
FELLOWS
c. Organization
RAYMOND AND HARRIET FELLOWS REVOCABLE TRUST
d. Mailing Address
222 BLUE ROCK ROAD
e. City/Town
YARMOUTH f.State
MA
g. Zip Code 02664
h. Phone Number
i. Fax
j.Email
4.Representative:
a. First Name
DANIEL A. b. Last Name
OJALA
c. Organization
DOWN CAPE ENGINEERING, INC.
d. Mailing Address
939 ROUTE 6A
e. City/Town
YARMOUTH f. State MA
g. Zip Code
02675
h.Phone Number
508-362-4541 i.Fax
j.Email
info@downcape.com
5.Totat WPA Fee Paid (Automatically inserted b om NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 536.00 b.State Fee Paid 255.50 c.City/Town Fee Paid 280.50
6.General Project Description:
PERMIT AND MAINTAIN EXISTING PIER, RAMP AND FLOAT, AND PORTION OF EXISTING ROCK WALL
7a.Project Type:
1. r Single Family Home 2. r Residential Subdivision
3. r Limited Project Driveway Crossing 4. 1— Commercial/Industrial
5.ry Dock/Pier 6. rUtilities
7. r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry)
9. r- Transportation 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
CMR 10.53 (inland)?<
Page 1 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File #:
., Bureau of Resource Protection -Wetlands eDEP Transaction #:1860423
1` WPA Form 3 - Notice of Intent Ciry/Town:YARMouTH
t
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1, r Yes P 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:
BARNSTABLE 220306
d.Page:
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.Inland 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.r Land under Waterbodies and Waterways
1. Square feet 2. square feet
3. cubic yards dredged
d.r Bordering Land Subject to Flooding
1. square feet 2. square feet
3. cubic feet of flood storage lost 4. cubic feet replaced
e. rr Isolated Land Subject to Flooding',
1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced
£ IJ Riverfront Area
Name of Waterway (if any)
2. Width of Riverfi-ont 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 Riverfiont 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.
5. Has an alternatives analysis been done and is it attached to this NOI? r Yesr No
Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Ll
Protection MassDEP FileBureau of Resource Protection - Wetlands eDEP Transaction #:1860423
WPA Form 3 - Notice of Intent
City/Town:YARMOUTx
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 Yesl 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.rv, Land Under the Ocean 200
1, square feet
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
£r Coastal Banks
100
1. linear feet
gr Rocky Intertidal Shores
1. square feet
h. r Salt Marshes
51
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
250
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
250
1. cubic yards dredged
1.r Land Subject to Coastal
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 BVW b. square feet of Salt Marsh
5.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 MassDr,.P File N:
Btieau of Resource Protection - Wetlands eDEP 7i,ansaction#:1860423
WPA Form 3 4 Notice of Intent atyllawn.YARMOUiH
Massachusetts Wctlands Protection. Act M.G.L. c. 131, §40
a. nwnber of new strwn) cnmsship b. number of replacement stream crossings
C. Other Applicable Standards and requirements
StreamGucd Massachusetts .Endangered Species Ac(AVetlands Protection Act Iteview
Is any portion oFthe proposed project located in Frstimated Habitat of Rare Wildlife as indicated on the most recent
$stimated Habitat Map ofState-Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
n. r Yes V No
I f yes, include proof of mailing or hand del lvo y of N01 to:
NatuiA HcHtage and Endangered Species
Program
Division of Fisheiies 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 10.1 S)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
1. r Percentage/acreage of property to be altered:
(a) widun Wetland Resource Area
(b) outside Resource Area
potentagelacreage
percentagelacreagc
2, r Assessor's Map or right-of-way plan of site.
3.r Project plans for entire project site, including wedand resou-tre areas and areas outside ofwedand jurisdiction, showing
existing and proposed Conditions, existing and proposed treeNegetation clearing line, and clearly demarcated limits orwork "*
a. F- Project description (including description of impacts outside of wetland resource airta & buffer zone)
b. r- Photographs represcrrtative of the site
cJ- MESA riling Fec (fee information available at: htip:Ih)now•tilass.iciyLccaLu,!,r) !gi 'gldfwlnatural,heiitagrlrg. t�iLt l„iv-
�rieu/mace_�ndanyl�g�yr,ci-rncs�/mcsa-fee-sehedulc.l�lntl )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Prcecis altering IU nr rrtorc acres of laud, also subadi:
d, r Vegetation cover type rnap of site
e, I— Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of dre following
1.F Project is exempt 5om MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, -
species-act.html410.14; the NOI must still be sent to NFrESP if the project is within estimated habitat pursuant to 3 I0 C:MR
10.37 and 10.59.)
2, r Separate MESA review ongoing.
a. NHESP Tracking Number
b. Date submitted to NIMSP
3.17 Separate MESA review completed.
Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.
Page 4 of 7 * EUCTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1860423
WPA Form 3 - Notice of Intent ciry/Town: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. f Not applicable - project is in inland resource area only
b. r 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 1✓ 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 V 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. V No, Explain why the project is exempt:
Single Family Home
2. Emergency Road Repair
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family
Page 5 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
L11
ProtectionMassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1860423
WPA Form 3 - Notice of Intent
ciry/Town:YARMOLJTH
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 (NOD. See inshuctions 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
Iv Conservation Commission and the Department to locate the site. (Electronic filers may ornit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland
P [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 (N4assDEP 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.
r
a. Plan Title:
SITE PLAN
SHOWING EXISTING
LICENSED PIER
WITH MODIFIED
FLOAT, RAMP AND
PILES AND PORTION
OF ROCK WALL TO
BE LICENSED
b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
DANIEL A. 07ALA,
PE, PLS
NOV 25, 2024
5. If there is more than one property owner, please attach a list of these property owners not listed on this form.
r
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.
ry
8. Attach NOI Wetland Fee Transmittal Form.
r
9. Attach Stormwater Report, if needed.
r
Page 6 of 7 * ELECTRONIC COPY
Massachusetts Department ofEnvironma.e>I fat Provided byMessDU,
Protection MlrssDEP File#;
Bureau of Resource Protection - Wetlands oDE3P Transaction 4:1860423
WPA. Form 3 - Notice of Intent Cfty1fam.-YAWOUIH
Massachusetts Wetlands Protection Act M.G.L, c. 131, §40
F.. Fees
t.
Fee Exampt: No filing fee shall be assessed for projects of any city, lows, county, or district of the Cotnmonsvealth, fcdatally recognized Indian
tribe housing authorkty, municipal housing authority, or the Massachuselts Bay'Iranspartalian Authority.
Applicants must submit tlrc fallowing infonnalion (in addltion to pages I sud 2 of the NOI Wetland Fcc TfAnsmitinl Vorirt) to eoni!lm fee payment;
2. Murdclpnl ChANambsr 3. Ctiecirdate
4. Stq, Check Number
6. Payer name on check. NIrsLNnmm
F. Signatures and Suhinittal Recluireinents
S. Check dda
7. Payer name no, chack! Lnstl4amo
I hcreby 4arlily under tho penalties of pcc}tuy that the forcgoing Notfoe OPlnlont and acnornpanying plans, darumania, and supporting dull ors Itue
and completa to the beat of ay knowledge. I undatataod [hat [be Conservation Commission will place notification of thts Notfee iu a local riewspapar
at the exp4n9e nf•tht dppliadut in accordance with the wetlands regulations, 314 CMR.10.45(5)(a).
I further eerti[y under penalties of ped ry [hat all abuhars were nofilfcd of this applirailha, pw'Suant to the mqulrements of M.G.L. a. 131, § 40.
Notice must be made by Carlificate of Mailing or in writing by hard delivery or eerfifted mail (return receipt reques(ed) to all, abutters within 140 fee[
of tho property lino of the ptojeat location.
1. Sign iture of Applica
3.Signatara4501090[tyQwnar(Ifdiff tent)
S.Si$ nun of[teprasmnladVa(iPmny)
7. bate
4. bale
fi. Dare: -- _
DANtvi,A,0.1ALik, M r(Pj DOWN PC OH41N NAr ING,
For Conservation Commission.
Tyvo copies of rite nomplcted Notice of 1nlnnt (farm 3), including supporting plane and doeurnmis, Wo coples of 14r, N01 Wetland FCC Trangsrli (:kl
Foim, and ilia cityltown &a payment, to the Cmiservalion Commission by carlified mail or hand delivtnty.
Vor MRSIDEP:
One copy of ille carnplcicd Nofic4 of Intent (Form 3), including supporting plans and dttoumants, one copy of the NOT Wetland lice Tranamiltal palm,
sad a copy of lho state fee payment to 11ra MassbEP Reglona( Office CbMO IrtStrllatinhS) by ccrtificd mail ar hand ddlivrry.
Other,
If Oro applieatit ham checked the "yes" box in station C, Items 1-3, nbove, refer to That section and the Instructions for additlonui submitlat
requirauroafs.
The original and copies must bo sent simultaneously. Failure by fire applicant tc send copies in it timely tanner may result in dismissal of the
Natil:e of lutant. ,
Page 7 of 7 * ELECTRONIC COPY
Priscilla Leclerc
From: edep.confirmation@mass.gov
Sent: Wednesday, February 19, 2025 3:11 PM
To: Heatherlee Vermette
Cc: Priscilla Leclerc
Subject: eDEP Submittal Confirmation for DEP Transaction ID: 1860423
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: 1860423
Date and Time Submitted: 02/19/2025 03:10:37
**************************************************************************************
Form Name: WPA Form 3 - NOI
Project Location
City/Town Name: YARMOUTH
location: 222 BLUE ROCK ROAD
General Description: PERMITAND MAINTAIN EXISTING PIER, RAMP AND FLOAT, AND PORTION OF EXISTING
ROCK WALL Applicant Information
Name: RAYMOND F. & HARRIETA.
FELLOWS
Company: RAYMOND AND HARRIET FELLOWS REVOCABLE TRUST
Address: 222 BLUE ROCK ROAD
YARMOUTH
MA
02664
Payment Information
Your fee for the state share is $: 255.50 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 :
24-020 Fellows Abutters Notice
24-020 Fellows Abutters list and map
24-020 Fellows Photos
24-020 Fellows Project Narrative
24-020 Fellows Shellfish Survey
24-020 Fellows Site Access Authorization
24-020 Fellows Site Plan Exist Pier Float Ramp Piles & Rock Wall 11-25-24 b
24-020 Fellows USGS Locus Map
**************************************************************************************
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:
` ~ eDEP Transaction #:1860423
WPA Form 3 - Notice of Wetland FeeTransmittal
(y4 City/Town:YARMOUTH
t Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
a. First Name
RAYMOND F. & HARRIET A.
b.Last Name
FELLOWS
c. Organization
RAYMOND AND HARRIET FELLOWS REVOCABLE TRUST
d. Mailing Address
222 BLUE ROCK ROAD
e. City/Town
YARMOUTH f. State
MA
g. Zip Code
h. Phone Number
i. Fax
j. Email
2.Property Owner:(if different)
a. First Name
RAYMOND F. & HARRIET A.
b. Last Name
FELLOWS
c. Organization
RAYMOND AND HARRIET FELLOWS REVOCABLE
TRUST
d. Mailing Address
222 BLUE ROCK ROAD
e. City/Town
YARMOUTH f State
MA
g. Zip Code
lr. Phone Number
i. Fax
j.Email
3.'Project Location:
a. Street Address
222 BLUE ROCK ROAD
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
02664
02664
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 DOCKS, PIERS, REVETMENTS, 134 4.00 536.00
DHIMS, ETC. (COASTAL OR INLAND).
City/Town share of filling fee State share of filing fee Total Project Fee
$280.50 $255.50 $536.00
Page 1 of 1 * ELECTRONIC COPY
NOTICE OF INTENT NARRATIVE
222 Blue Rock Road
Bass River, South Yarmouth
PROJECT NARRATIVE
Introduction/history
The site consists of an existing dwelling on a 16,552 sf lot, bordered to the northeast by tidal Bass River. A
Ch. 91 License (#2662) issued in 1991 for the current fixed dock and a 6.4'X8' float accessed by a ladder for
the owner at that time. Since that time there were 2 subsequent owners prior to the Fellows. The Fellows
purchased the property in 2014, with the current ramp, 8'x 24' float and 2 piles in place, as well as a small
rock wall. Aerial photos dating back to July of 2007 show this ramp and float in place (or something very
similar), at least 7 years prior to the Fellows' ownership. It was only recently that the owners realized that
the dock configuration does not match the license. As well, the rocks on the Bank do not appear to be
licensed (MHW hits the rocks just above the toe in some places.) They are therefore attempting to license
the current configuration and stones so as to rectify the discrepancies constructed under previous
ownership(s). No new construction is proposed.
A filing in 2005 sought to permit the construction of a structural rock wall, the visible toe of which was
designed to be above MHW and landward of an existing concrete wall footing. An Order of Conditions
issued but this design was never constructed.
The Resource areas associated with the site are Salt Marsh, 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 October by John Lowell of East Dennis Oyster Co; the report is enclosed as part of this filing
package.
310 CMR 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 Coastal Beach is an area of sand that lies seaward of the Salt Marsh and extends to Mean Low Water.
The Beach will continue to respond to wave activity and high tides as it always has, since the time of the
original license.
The current wood decking has spacing. At time of replacement, the decking shall be non-CCA treated
and have 1" spacing in accordance with current regulations. The licensed portion of the pier is T wide in the
area of the salt marsh. At time of next maintenance, the lowest structural member of the pier shall be a
minimum 4.5' above the salt marsh elevation.
A sign shall be placed near the mean high water mark to indicate to the public their lateral passage rights by
utilizing the existing steps, easily accessed at MHW
310 CMR 10.30 Coastal Bank
The Coastal Bank consists of healthy vegetation and non-structural rock, a small linear portion of which falls
below MHW. The client is seeking to permit this small portion of the rock wall. The rocks were installed
prior to their ownership of the property (sometime prior to 2014). Their presence does not appear to have
negatively impacted the stability of the bank.
- 1 -
310 CMR 10.34 Land Containing Shellfish, 10.35 Fish Run, & 10.25 Land Under Ocean
The current float, ramp and piles which appeared about 2007 (based on an aerial) under previous
ownership replaced the licensed 6.8'X 8' float, which had been accessed by a ladder. The current float at
192 sf along with the Tx 9.5' ramp have the effect of extending the previously licensed length by 18' and
thereby increasing water depth. A review of the enclosed aerial shows that the current configuration
extends no further than the dock configurations to either side of locus.
A shellfish survey performed in October of 2024 by John Lowell of East Dennis Oyster Company indicated a
healthy shellfish population of differing sizes (predominately Mercenaria mercenaria) primarily within a 30'
band within the footprint of the dock, ramp and float. The sizes ranged from seed (those less than 1") to
quahog size. The numbers and sizes along with no shellfish morbidity observed by John indicates a healthy
shellfish habitat. Because of the fact that no work is proposed for the foreseeable future, no impacts will
occur to the substrate or shellfish population. It also appears from aerials that a 20'+/- motorboat has been
consistently tied up to the outer edge of the float with no obvious impacts from its usage.
Land Subject to Coastal Storm Flowage
The site is subject to the 100 year flood elevation of 11 NAVD with that portion landward of this as above the
500 year flood elevation.
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 at time of next maintenance
(3) No elimination of moorings, no impeding of navigation due to its position amongst similar piers in
this area of Bass River. They all appear to extend about the same distance into the rtiver.
(4) No salt marsh to be impacted by pier, ramp or floats
(5) No navigational impacts due to its positioning. The current configuration has existed now for at
least 17 years with no known complaints . Area is not used for swimming
(6) Public right ofpassage.....A sign is proposed at the pier at MHW informing the public of their right
to pass (via the existing) stairs for along shore access.
(7) Base of the pier shall be as close as possible to the centerline of the lot.....The pier and float are
roughly centered on the lot.
(8) Lights, if desired, shall adhere to the Yarmouth guidelines: directed downwards and shielded to
avoid disturbing neighbors and disrupting navigation.
-2-
(9) n/a (not a shared dock)
(10) Maximum length of fixed pier, ramp and floats is 53' from MHW (well under the 80' maximum
allowed).
(11) The water depth at the float at MLW is 2.6', which exceeds the Coastal Zone Management
suggestion of a min. 30" depth. On behalf of our client, we are requesting a variance (of 0.4') to the
3' local requirement. The presence of the seasonal ramp, float and boat over the course of at least
17 years does not appear to have had a negative impact on the habitat or shellfish population based
on the findings of the shellfish survey.
(12) (a) Existing float is 69' to the abutting northerly float and 63' to the abutting southerly float.
Hardship exists due to the small amount of water frontages of these lots. There are no known
issues from abutters, access to channel is a straight shot perpendicular to the float. (b) Navigable
channel is 84' from the float. Variance of 16' requested. (c) no public launching/swimming areas
within 300' (d) dock is greater than 25' to abutting property lines
(13) Float total size is 24' x 8' (192 so, less than what is allowed under the regulations.
(14) Owner does not have a jet ski (n/a)
(15) No lifts proposed
(16) Contractor removes and stores ramp and float in the off-season (between November 1 and April
1s') off -site
(17) n/a No expansion at this time; dock does not extend 80' beyond MHW
(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) n/a
(22) n/a
(23) n/a
(24) a -I: Soundings performed as per requirements. No eel grass beds noted. Navigation aids were
located via survey. Seasonal removal of floats and ramp required off -site. Soundings survey done
at normal low tide conditions in light winds. Shellfish survey performed by John Lowell.
In summary, the licensing project requires 3 variances under the Yarmouth Dock Regulations because of
site hardships. Specifically, a 0.4' variance is requested to the local requirement of 3' depth at the end float
during MLW. The current depth of 2.6' is in excess of what CZM suggests. Based on the results of the
shellfish survey, substrate observations and soundings, it appears that the immediate area of the ramp and
float has not had deleterious impacts from either the presence of the ramp, float, or boat. The second
requested variance is the setback distances to the easterly and westerly abutting floats (from 75' to 63' and
69' respectively). This variance is required due to the small length of water frontage for these lots. The
small amount of boating activity in this area has not been impacted from this reduction in setback. The third
variance request is for the float to be 84' from the edge of channel (16' variance, which Waterways
Committee approved. They determined that navigation has/will not be adversely affected.
-3-
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 effects to any areas subject to the protection of
these regulations.
Construction Protocol
It is expected that any pier maintenance in the future (replacement of piling and decking materials) will occur
from a barge during higher tide conditions so that it will not ground out. Materials will be stockpiled in the
owner's yard and on the barge. Any work will be subject to the Conservation Commission and their
regulations at the time of filing.
-4-
YARMOUTHTUWN CLERK RE
FEB n_1125 Am9:4
Town of Yarmouth
Per M.G.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 / Shellfish Advisory Committee
Date of Meeting:
February 13, 2025
Time:
5:30 p.m.
Place:
424 Route 28, West Yarmouth, MA 02673
Agenda:
1. Public comment
2. Continued Notice of Intent
a. Kieran Healy, BSC Group, 146 Mayflower Terrace, proposed pier, ramp and
float
3. Notice of Intent
a. Dan Ojala, 222 Blue Rock Road, proposed pier, ramp, and float
b. Wayne Tavares, 2 Buttercup Lane, proposed pier, ramp, and float
4. Approval of Meeting Minutes 1/9/2025
5. Committee Discussion & Division Updates
Posted By (Name): William D. Bonnetti, Director/Harbormaster
Julian Mallett, Chairman
Signature: William D. Bonnetti
SHELLFISH SURVEY PLOT SAMPLING RESULTS -
222 BLUE ROCK ROAD SOUTH YARMOUTH
10/24/2024
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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 Harriet & Raymond Fellows
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 222 Blue Rock Rd South Yarmouth
D. Proposed work is PERMIT AND MAINTAIN EXISTING PIER RAMP AND FLOAT AND
PORTION OF EXISTING ROCK WALL
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 through 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.
101/ 130/
DERIN Z SEREN TR
DERIN CAINES S YESIM TR
22 ALYSSUM DR
AMHERST, MA 01002
101/ 169/
PIERI WILLIAM M TR
ROMANELLI-PIERI LYNN TR
53 FAIR OAKS PARK
NEEDHAM, MA 02492
101/ 168/
FELLOWS RAYMOND F TRS
FELLOWS HARRIET A TRS
222 BLUE ROCK RD
SOUTH YARMOUTH, MA 02664
101/ 167/
KELLIHER JANET M TRS
KELLIHER PETER T TRS
120 PARK AVE
MEDFORD, MA 02155
101/ 166/
WOODS THOMAS E
WOODS DOROTHY A
212 BLUE ROCK RD
SOUTH YARMOUTH, MA 02664
101/ 131/
RILEY CULLINANE JENNIFER
SWEET JOSEPH
225 BLUE ROCK RD
SOUTH YARMOUTH, MA 02664
101/ 144/
CULLINANE PAUL J
CULLINANE JILL
231 BLUE ROCK RD
SOUTH YARMOUTH, MA 02664
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
222 Blue Rock Rd., South Yarmouth, MA 02664
Assessors Map 101, Lot 168
Andy Mac do, Director of Assessing
February 19, 2025
Yarmouth, MA
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DEPARTMENT
OF
CONSERVAVON
V -WW4 aJ fir.
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: 2 P IXF f�OCryC f2-D . 50 VT(q YA1- MDUII71
Assessors Map/Lot: it) I / 1 G S
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, 13 1, s.
40) and/or the 'Yarmouth 'Wetlands Protection Bylaw (Chapter 143).
Authorized Signature; Date: 2
Please Print Name: F� I. G
If other than owner, please state whether tenant, agent, or other:
Mailing Address; DOWN CAPE ENGINEERING, INC
939 ROUTE 6A
YARMOUTH PORT, MA 02675
Phone: 508-362-4541
Cell:
Email: info@downcape.com Fax:
Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD9 (508) 398-2231