HomeMy WebLinkAboutNOI 2.20.2025939 main street rte 6a
yarmouth port
mass 02675
tel.(508)362-4541
fax(508)362-9880
down cape engineering, inc
civil engineers & land surveyors
February 20, 2025
FROM: Heather Cornell
hcornell@downcape. com
YARMOUTH CONSERVATION
RE: 64 WHITE CEDAR RD, W YARMOUTH
NOTICE OF INTENT
DCE#97-293 NOLEN
Method of Delivery:
Email; Drop off
PLEASE FIND ATTACHED DOCUMENTS TO SUPPORT A NOTICE OF
INTENT AT 64 WHITE CEDAR ROAD IN WEST YARMOUTH, INCLUDING:
• ADMINISTRATIVE CHECKLIST
• WPA FORM 3 INCLUDING FEE TRANSMITTAL & EDEP RECEIPT
• PROJECT NARRATIVE
• ABUTTER LIST & MAP
• ABUTTER NOTICE
• SITE PHOTOS
• SITE PLAN REVISED 248-2025, 24X36, 1 STAMPED, 6 COPIES
• LEBLANC JONES LANDSCAPE PLAN, 2406, 7 COPIES
• CERTIFIED MAIL RECEIPTS
• FILING FEES
CC: File
CONSERVATION
OFFICE
� � t �
�,'.exte�taP .I
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.
Su�nut%u� a.� CLp�pP,ic:atian:
Il, D`Does the property have any outstanding/expired Orders of Conditions? If so, please file a Re uest
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
✓ 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted.
✓ Detailed narrative of the project including existing &proposed conditions, construction sequence, type of
equipment, staging locations, drainage and stormwater, erosion controls, invasive species management
and alternative analysis. The narrative shall include how the project meets performance standards per
310 CMR 10.0 &TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are
/present) or other resource area calculations, and supporting information.
�/ 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
✓ 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
D�n�DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection
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 _mass.gov with the subject line in
the email per DEP's request listed as "YARMOUTH - NOI -Street Address -Applicant Name" and
copied bdirienzoC�yarmouth.ma.us and jjerolimo(a�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
�+� I CERTIFY that all on -site requirements will be completed by noon on the Friday prior to the hearing
date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be
staked or flagged.
Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be
deemed incomplete and be continued to the next hearing date.
�� I understand that in person representation is required at the scheduled hearing to present to the
conservation commission
If Applicable
Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program
Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC
bdirienzo�yarmouth.ma.us and jjerolimo anyarmouth.ma.us
�D�--1/1/aterway'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.yarmouth.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
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username
Transaction ID
Document:
Size of File:
Status of Transaction
Date and Time Created
DOWNCAPE
1871904
WPA Form 3 - NOI
271.43K
Submitted
2/19/2025:5:41:31 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
Protection
Bureau of Resource Protection - Wetlands
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
a. First Name
c. Organization
d. Mailing Address
e. City/Town
h. Phone Number
3.Proper•ty Owner:
F more than one owner
a. First Name
c. Organization
d. Mailing Address
e. City/Town
h. Phone Number
4.Representative:
a. First Name
c. Organization
d. Mailing Address
e. City/Town
hThone Number
64 WHITE CEDAR ROAD
YARMOUTH c. Zip Code
41.62834N e. Longitude
9 g.Parcel/Lot #
MALCOLM C
43 WILLOW STREET
BROOKLYN f State
i. Fax
MALCOLM C
43 WILLOW STREET
BROOKLYN f.State
i. Fax
b.Last Name
NY
Provided by MassDEP:
MassDEP File #:
el Transaction #:1871904
City Town:YARMOUTH
02673
70.25475 W
9
NOLEN
g. Zip Code 11201
j. Email
b. Last Name NOLEN
NY g. Zip Code 11201
j.Email
DANIEL A b. Last Name
DOWN CAPE ENGINEERING, INC
939 ROUTE 6A
YARMOUTHPORT f. State MA
508-362-4541 i.Fax
OJALA PE PLS
g. Zip Code 02675
j.Email INFO@DO WNCAPE.COM
S.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 110.00 b.State Fee Paid 42.50 o,City/Town Fee Paid 67.50
6.General Project Description:
PROPOSED PATIO AREA AND MITIGATION PLANTINGS.
7a.Project Type:
1.1✓ Single Family Home 2. r Residential Subdivision
3.1" Limited Project Driveway Crossing 4. r CommerciaUlndustrial
5.r Dock/Pier 6. r Utilities
7.r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry)
9.r Transportation 10. 1`� 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
]MR 10.53 (inland)?
Page 1 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1. I Yes !' 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 168287
Provided by MassDEP:
MassDEP File #:
eDEP Transaction 4:1871904
CitylTown:YARMOUTH
d.Page:
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
Size of Proposed Alteration Proposed Replacement (if any)
a.h' Bank
1. linear feet 2. linear feet
b.r Bordering Vegetated Wetland
1, square feet 2. square feet
.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.l`` Isolated Land Subject to Flooding
1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced
f. i' Riverfiont Area
1. Name of Watei•may (if any)
2. Width of Riverfront Area (check one) r' 25 ft. -Designated Densely Developed Areas only
* 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 Riverfiont Area:
a. total square feet b. square feet within 100 fte c. square feet between 100 ft.
and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI?
I•` Yesl°` No
Page 2 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
6. Was the lot where the activity is proposed created prior to August 1, 1996?
3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35)
Resource Area
a. r' Designated Port Areas
b. r Land Under the Ocean
Indicate size under
1, square feet
Size of Proposed Alteration
Provided by MassDEP:
MassDEP File #:
el Transaction #:1871904
City/Town:YARMOUTH
r Yesl" No
Proposed Replacement (if any)
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
e.r Coastal Dunes
1. square feet
f.r Coastal Banks
1. linear feet
g.r Rocky intertidal Shores
1. square feet
h. r Salt Marshes
2. cubic yards beach nourishment
2. cubic yards dune nourishment
1. square feet 2. sq ft restoration, rehab, crea.
i, I Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j. r Land Containing Shellfish
1. square feet
k. i", 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
1.%` Land Subject to Coastal 1200
Storm Flowage 1. square feet
.Restoration/Enhancement
r' Restoration/Replacement
If the project is for the pwpose 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
S.Projects Involves Sheam 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
Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
a. number of new stream crossings
Provided by MassDEP:
MassDEP File #:
eDEP Transaction 4:1871904
CTown:YARMOUTH
b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
I . 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 r 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)
LC Percentage/acreage of property to be altered:
(a) within Wetland Resource Area percentage/acreage
(b) outside Resource Area
percentage/acreage
2. r Assessor's Map or right-of-way plan of site
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 limits of work **
a. r Project description (including description of impacts outside of wetland resource area &buffer zone)
b.I— Photographs representative of the site
c.I MESA filing fee (fee information available at: htW:/Anny.mass.gov/eea/aQencies/dfa/dfwLnatutWmheritaizetreeWaW
review/mass-endaneg red-species-act-mesa/mesa-fee-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
hU://www.mass.eo
1. r Project is exempt fiom MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14,
ggciesmact.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
3. r Separate MESA review completed.
Include copy of NHESP "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 Mass"EP File #:
Bureau of Resource Protection we Wetlands eDEP Transaction #:1871904
WPA Form 3 - Notice of Intent City[rown: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.rNot 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
Attu: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 0 193 0
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 die proposed project within an Area of Critical Environmental Concern (ACEC)?
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
a. r Yes W 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. i` Yes fv No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a.I 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
No, Explain why the project is exempt:
rV
1' Single Family Home
12 Emergency Road Repair
3. Small Residential Subdivision (less dean or equal to 4srngle-family houses or less than or equal to 4 units inmulti-family
Page 5 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction 4:1871904
WPA Form 3 - Notice of Intent City/fown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
i`" housing project) with no discharge to Ceitical 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
ry
Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)
Z. Plans identifying die location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland
l✓ [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).
ry Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.
4. List die titles and dates for all plans and other materials submitted with this NOI.
r
a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale:
SITE PLAN OF 64 DANIEL A OJALA P.E. 2-18-2025
WHITE CEDAR ROAD P.L.S.
LANDSCAPE PLAN LEBLANC JONES
OF 64 WHITE CEDAR LANDSCAPE 02-18-2025
ROAD ARCHITECTS, INC
5. If there is more than one property owner, please attach a list of these property owners not listed on this form.
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
r
8. Attach NOI Wetland Fee Transmittal Form.
h%
9. Attach Stormwater Report, if needed.
r
Page 6 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection - Wetlands eDEP Transaction #:1871904
WPA Form 3 - Notice of Intent City/roxvt,:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Fees
Pee Exempt: No filing fee shall be
assessed
for projects
of any city, town, cowity, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal
housing
authority, or
the Massachusetts Bay Transportation Authority.
Applicants must submit the fallowing information (in addition to pages 1 and 2 of the
2. Municipal Check Number
4. State Check Number
��1$ I
3. Check date
5. C ec da e
Fee Transmittal Form) to confirm fee payment:
6. Payer name ou check: Pirst Name 7. Last Name
Payer name on check:
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify
under penalties of perjury that
all abutters were notified of this
application, pursuant to the requirements of M.G.L. c. 131, 940
Notice must be
made by Certificate of Mailing
or in writing by hand delivery or
certified mail (return receipt requested) to all abutters within l00 feet
of the property
line of the project
location.
X
L Sianatur of scant
2. Dafe
3. Signature of Property Owner(if different) 4. Date
5. Signature of Representative (if any) 6. Date
For Conservation Commission:
r
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transtittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For 111ASSDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
anA a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions For additional submittal
requirements.
The original and
copies must be sent simultaneously.
Failure by
the applicant
to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Page 7 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Wetland FeeTransmittal
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
a. First Name
c. Organization
d. Mailing Address
e. City/Town
h. Phone Number
2.Property Ownei :(if different)
a. First Name
c. Organization
d. Mailing Address
e. City/ Town
h. Phone Number
3. Project Location:
a. Street Address
MALCOLM C
43 WILLOW STREET
BROOKLYN f State
i. Fax
MALCOLM C
43 WILLOW STREET
BROOKLYN f.State
i. Fax
64 WHITE CEDAR ROAD
Are you exempted $•om
Note: Fee will be exempted if you are one of the following:
• City/Town/County/Dist<•ict
• Municipal Housing Authority
• Indian Tribe Housing Authority
• MBTA
Provided by MassDEP:
MaSSDEP File #:
eDEP Transaction 4:1871904
CToNvn:YARMOUTH
b.Last Name NOLEN
NY g. Zip Code 11201
j. Email
b. Last Name NOLEN
NY g. Zip Code 11201
j.Email
b. City/I'own YARMOUTH
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Type Activity Number Activity Fee
B.) SITE, WORK WITHOUT A HOUSE; 1 110.00
RF Multiplier Sub Total
110.00
City/I'own share of filling fee State shale of filing fee Total Project Fee
$67.50 $42.50 $110.00
Page 1 of 1 *ELECTRONIC COPY
MassDEP Home 1 Contact 1 Privacy Policy
MassDEP's Online Filing System
�1V1y Profile lHelplNotitications
CReceipt
DEP Transaction ID: 1871904
Date and Time Submitted: 2/19/2025 4:44:08 PM
Other Email :
Form Name: WPA Form 3 - NOI
Project Location
City/Town Name: YARMOUTH
location: 64 WHITE CEDAR ROAD
General Description: PROPOSED PATIO AREAAND MITIGATION
PLANTINGS,
Applicant Information
Name: MALCOLM C NOLEN
Company
Address: 43 WILLOW STREET, BROOKLYN, NY, 11201
Payment Information
Your fee for the state share is $: 42.50
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
64 White Cedar Rd_Landscape Plan
97-293 NOLEN SITE PHOTOS
97-293 Nolen Slte Plan 2-18-25
Abutter Map
Abutters List
NOI Abutter Notice
Project Narrative
Username:DOWNCAPE
Nickname: DCE DEP
My eDEP
MassDEP Home � Contact � Privacy Policy
NOTICE OF INTENT
#64 White Cedar Road, West Yarmouth, MA
PROJECT NARRATIVE
The applicant is pleased to submit a Notice of Intent application to construct a patio within an
area of manicured lawn adjacent to the existing dwelling. The 1.&acre property is located in a
small cluster of residential homes on Great Island. Portions of the site lie within Land Subject
to Coastal Storm Flowage (LSCSF) flood zone AE (EL 11+ El 13). Tidal Salt marsh lies just off
property to the North bordering Lewis Bay, and there is a Top of Coastal Bank upgradient of
the marsh. The property is improved with a residential dwelling, studio and detached garage
structures.
No work will take place within Priority/Estimated Habitat of endangered species.
The proposed patio area is located within an existing disturbed area and is over 56' from the Top
of Coastal Bank at its closest point. Minor re -alignment is proposed for the existing gravel
driveway access. Alterations to walkways and landscape areas located outside the 100' buffer to
the Coastal Bank are also proposed. Mitigation plantings of native woody species are proposed
to offset the increase in hardscape, a landscape planting plan by Leblanc Jones Landscape
Architects is attached as part of this filing.
A work limit line consisting of silt fence will be installed around the project within currently
disturbed areas to contain construction activities. Exposed soils will be loamed and seeded
within 30 days of completion of the work and final grading work as weather permits.
Land Subject to Coastal Storm Flowage
The site is affected by 100-year flood elevation AE (EL 11+ El 13). All proposed work will occur
outside of the flood zone with the exception of mitigation planting areas.
No fill is proposed so construction and grading activities will have no affect on the 100 year
flood elevation.
Coastal Bank
A Coastal Bank exists at a break in the slope on the North and East sides of the site. The top
of Coastal Bank was determined using field survey transects per DEP policy 92-1 and is
coincident with the 100 year flood plain at the East side of the property. The bank is to be left
undisturbed and its ability to control floodwaters will not be changed by any of the proposed
work.
-1-
Salt Marsh
The Salt Marsh was located by Down Cape Engineering. All proposed work will take place
outside of the 50' buffer to the Salt Marsh
Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143
Regulations:
The proposed construction activities will not have a deleterious effect upon any wetland values
as listed in the Bylaw. No changes to the existing structures are proposed. The proposed patio
area is to be located outside the 50' buffer to the Top of Coastal Bank. Approximately 1650 sf.
of existing lawn area will be removed and replaced with native woody shrub species as
mitigation of the proposed hardscape.
Construction protocol
Staked silt fence work limit line will be installed prior to any construction activities. All
machinery will access the areas of proposed construction through the existing lawn areas as
indicated on the site plan.
-2-
10/ 1/
CHACE ARNOLD B JR TRS
GREAT ISLAND REALTY TRUST
1100 GREAT ISLAND RD
WEST YARMOUTH, MA 02673
9/ 5! / /
CHACE ARNOLD B
GREAT ISLAND REALTY TRUST
1100 GREAT ISLAND RD
WEST YARMOUTH, MA 02673
9! 9/ / /
NOLEN MALCOLM C
43 WILLOW ST
BROOKLYN, NY 11201
OSPREY COTTAGE FAMILY LLC
962 VIA LOS PADRES
SANTA BARBARA, CA 93111
KRISTOFF BRETT C TR
KRISTOFF 2012 EXEMPT FAMILY TR
35 FATHER PETERS LN
NEW CANAAN, CT 06840
CHACE ARNOLD B
GREAT ISLAND REALTY TRUST
1100 GREAT ISLAND RD
WEST YARMOUTH, MA 02673
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
64 White Cedar Rd., West Yarmouth, MA 02673
Assessors Map 9, Lot 9
Hngy Macl�go, ulrector of Hssessmg
February 14, 2025
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11
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 MALCOLM NOLEN
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 64 WHITE CEDAR RD, WEST YARMOUTH
D. Proposed work is: new patio area and landscape alterations
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)
Name DOWN CAPE ENGINEERING, INC
Address 939 ROUTE 6A
Town YARMOUTHPORT State MA Zip 02675
Telephone 508-362-4541
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.
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