HomeMy WebLinkAboutRDA 3.5.2025r r r
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.
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Hardcopy filing dropped off or mailed to the Conservation Office including:
✓ 1 RDA Administrative Checklist
✓ 1 complete RDA application WPA form 1 with original signatures (double sided).*
✓ Detailed narrative of the project with sufficient information to enable the Commission to determine
whether the proposed work will alter an area subject to protection.
If BVW or vegetated wetlands are present, delineation sheet(s), coastal bank calculation and other
relevant material if applicable (not applicable for flood zone only projects).
✓ Yarmouth Assessor's locator map highlighting parcel(s) where work is proposed, including map and
parcel numbers.
✓ 1 current abutters list identifying the property owners who are to be notified and abutter notification form.
All abutters to be notified via certified mail, Certified Mail Receipts (PS Form 3800) must be provided.
✓ 1 original and 6 photocopies of the plan/sketch, folded separately, right side out with title and address
visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to
show proposed and existing conditions, native species, quantity, size and spacing.
By-law filing fee: Separate check made payable to "Town of Yarmouth"
Legal ad fee: Separate check made payable to "Town of Yarmouth"
Please list project property's street address on checks. Refer to Fee Schedule.
Digital and DEP filing
A pdf of the entire application emailed to bdirienzo(a'D-yarmouth.ma.us and lierolimo(a-)_yarmouth.ma.us and
DEP Southeast Region at SERO NOICa,mass.gov in the same email. Subject line shall be "YARMOUTH -
RDA — Street Address - Applicant Name"
Please list project property's street address in the pdf file name.
Initial below
✓ I CERTIFY that all on -site requirements will be completed by noon on the Friday prior to the hearing
date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be
staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17.
/ I understand that in person representation is required at the scheduled hearing to present to the
conservation commission.
If the applicant is NOT the property owner:
✓ Please submit a signed Site Access Authorization Form; AND
AIA _The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this
office. Please submit a copy of the Certified Mail receipt with application.
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(o-)yarmouth.ma.us and iierolimo(o)yarmouth.ma.us
Yarmouth Conservation Commission • 1 146 Route 28 • South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 • bdirienzowannouth.ma.us
Rev. 12/2024
DEPARTMENT
OF
CONSERVATION
Site (Iccel.) o GbcthvAuzatioxC .! c+tuun
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: 40 Grandview Drive, South Yamouth, MA
Assessors Map/Lot: 92/21
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) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143).
Authorized Signature: "l/G Date:
Please Print Name: Lynne Whiting Hamlyn
If other than owner, please state whether tenant, agent, or other: Agent
Mailing Address: Hamlyn Consulting
690 Thousand Oaks Drive
Brewster, MA 02631
Phone: 774-323-0603 Cell:
Email: lhamlyn@capecodwetlands.com Fax:
Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
WPA Form 1- Request for Determination ofL11 I- �- A
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
pplicability
Yarmouth
Municipality
A. General Information
Important:
1. Applicant:
When filling out
forms on the
Kevin & Bonnie
Manzolini
computer, use only
First Name
Last Name
the tab key to move
2 Catalpa Lane
your cursor - do not
-- ---- —_
use the return key.
Address
—
Mendon
MA
01747
rea
City/Town
State
Zip Code
Phone Number
Email Address
reom
2. Property Owner (if different from Applicant):
same
First Name
Last Name
City/Town
State
Zip Code
Phone Number
Email Address (if known)
3. Representative (if any)
Lynne Whiting
Hamlyn
First Name
Last Name
Hamlyn Consulting
Company Name
690 Thousand Oaks Drive
Address
Brewster
MA 02631
City/Town
State Zip Code
774-323-0603
Ihamlyn@capecodwetlands.com
Phone Number
Email Address (if known)
B. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
40 Grandview Drive (South) Yamouth
Street Address City/Town
How to find Latitude 41.68130-70.16357
and Longitude - - _ - - - - -
Latitude (Decimal Degrees Format with 5 digits after decimal Longitude (Decimal Degrees Format with 5 digits after
e.g. XX.XXXXX) decimal e.g.-XX.XXXXX)
and how to convert 92 21
to decimal degrees Assessors'
-- -- — -----
essors Map Number Assessors' Lot/Parcel Number
b. Area Description (use additional paper, if necessary):
See attached GIS map, FEMA FIRMette, USGS Topographic Map, and Site Plan
c. Plan and/or Map Reference(s): (use additional paper if necessary)
Site Plan 40 Grandview Drive, South Yarmouth, MA March 4, 2025
Title Date
Kevin & Bonnie Manzolini, by Demarest Land Surveying
Title Date
wpaforml.doc • rev. 4/28/2023 WPA Form 1 — Request for Determination of Applicability • Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
WPA Form 1- Request for Determination of Applicability Yarmouth
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
B. Project Description (cont.)
2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary):
Proposed removal and rebuild of existing attached garage.
See attached narrative
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single-family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off -site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and/or attach appropriate documents, if necessary.)
wpaforml.doc • rev. 4/28/2023 WPA Form 1 —Request for Determination of Applicability • Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
C. Determinations
1. 1 request the make the following determination(s). Check any that apply:
Conservation Commission
❑ a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced
above are accurately delineated.
❑■ c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands
Protection Act and its regulations. Requesting Negative 2 Determination
❑ d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the
jurisdiction of any municipal wetlands' ordinance or bylaw of:
Town of Yarmouth
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as
depicted on referenced plan(s).
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office were sent a complete copy of this Request (including all appropriate documentation)
simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with Sect n 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
0ure
e of pi nt Date
of Representative (if any Date
wpaform1 doc • rev. 4/28/2023 VJPA Form 1 — Request for Determination of Applicability • Page 3 of 3
Kevin & Bonnie Manzolini
40 Grandview Drive, South Yarmouth, MA
Discussion of proposed activity
Project summary
The Applicants propose to raze and rebuild an existing attached garage at 40
Grandview Drive, South Yarmouth, MA. The work will occur within riverfront area,
land subject to coastal storm flowage, and the buffer zone to a coastal bank.
Resource areas
Land subject to coastal storm flowage
The boundary of LSCSF occurs at the limit of the 100-year flood zone as mapped on
the Federal Emergency Management Agency's National Flood Hazard Layer Map -
Flood Zone AE, elevation 11 feet (FIRMette attached).
Coastal bank
The top of coastal bank was delineated in accordance with DEP Wetlands Protection
Program Policy 92-1. The top of bank is located where the slope becomes less than
10 percent below the 100-year flood elevation.
•
LSCSF -cD W Hank
Bank
a� :
Fpurt a
The back is armored with riprap and concrete retaining walls with cedar plantings
between the lawn and top of bank.
Riverfron t
Bass River is a tidal river and in accordance with 310 CMR 10.58 (2)(a)(2)c, the
edge of the river is located at the mean annual high-water line, coincident with the
mean high water line determined under 310 CMR 10.23 to be defined as:
the line where the arithmetic mean of the high water heights observed over a
specific 19-year metonic cycle (the National Tidal Datum Epoch) meets the
shore and shall be determined using hydrographic survey data of the
National Ocean Survey of the U.S. Department of Commerce.
The boundary of the riparian zone occurs at the 200-foot setback from the mean
annual high-water line, and encompasses the entire property.
Proposed activity
The Applicants propose to remove and rebuild the existing attached garage. The
existing garage is located on the street side of the dwelling, a minimum of 83 feet
from the top of coastal bank. The new garage footprint will be increased by 174
square feet, and set back a minimum of 81 feet from the top of coastal bank. There
is living space and a bath proposed on the second floor of the garage. Roof run-off is
to be directed to subsurface drywells or stone trenches along the roof drip line. The
drive is to be minimally expanded to accommodate the new garage.
Performance standards
Construction in a buffer zone
The garage replacement will not affect the stability of the armored coastal bank. In
accordance with Section 6.02(3) of the Town of Yarmouth Wetlands Protection
Regulations:
Where a 50 foot undisturbed buffer zone does not exist prior to the proposed work,
any work proposed within the 100 foot buffer zone shall be subject to mitigation
planting requirements intended to restore, in so far as is possible, both the dimensions
of a 50 foot undisturbed buffer and its vegetation. For work proposed within the 100-
foot buffer zone, the calculation of mitigation is set forth as follows:
(a) For proposed, new or replacement hardscape or structure, whether pervious or
impervious, within the 50-1 00foot buffer zone, mitigation shall be 2:1.
The 50-foot buffer zone to the coastal bank is largely managed lawn. The increase in
the garage footprint is 174 square feet. The minor drive expansion will be off -set by
the removal of existing pavers. Accordingly, 348 square feet (174 X 2) of mitigation
is proposed along the edge of lawn proximate to the coastal bank. Existing lawn will
be replaced with native vegetation, as shown on the Site Plan, using 4 species:
beach plum (Prunus maritima), Virginia rose (Rosa virginiana), bearberry
(Arctostaphylos uva-ursi), and wavy hairgrass (Deschampsia flexuosa).
Construction in land subject to coastal storm flowage
The project complies with Town of Yarmouth performance standards for
construction in land subject to coastal storm flowage, Section 4.10(3)a of the
Regulations:
(a) General Performance Standards
2
Any activity within land subject to coastal storm flowage which will result in the
building upon, removing, filling or altering of land shall not have an adverse effect on
the interests protected by the bylaw by:
i. reducing the ability of the land to absorb and contain flood waters,
The property is located within a residential subdivision, and supports a single-
family dwelling and appurtenances, to include an attached garage. The existing
garage is proposed to be replaced with a new garage that expands the footprint by
174 square feet. This small increase in impervious area will not affect the land's
ability to absorb flood waters. Roof run-off is to be directed to subsurface drywells
or stone trenches along the dripline.
i. reducing the ability of the land to buffer more inland areas from flooding and wave
damage;
The locus fronts Bass River, which is a low -energy wave area. The garage is on the
street side of the dwelling and will not impact the ability of the land to buffer inland
areas from flooding and wave damage.
ii. increasing the elevation or velocity of flood waters, or by redirecting or increasing
flows or causing channelization, in each case at the project site, adjacent or nearby
properties, or any public or private way.
The garage occurs on the street side of an existing dwelling in a low -energy flood
zone. The replacement of the existing garage will not increase the elevation or
velocity of flood waters, nor will it redirect or increase flows or cause
channelization.
iii. displacing or diverting flood waters to other properties or resource areas. Fences
and privacy walls, including walls separating one propertyfrom another, may obstruct
or divert flood flow and waves toward buildings and protected areas. Solid fences
(stockade and similar) must be constructed with 6 inches of clearance below to allow
the passage of floodwaters and wildlife,
The project will not result in the displacement or diversion of waters to other
properties. There are no fences or walls proposed.
iv. causing, or creating the likelihood of, damage to other structures on land within the
flood plain as debris (collateral damage);
The existing garage is to be razed and removed from the property. During
construction of the new garage, building debris is not to be left on the property
overnight. The likelihood of collateral damage from debris during a storm event is
low in this area, and replacement of the garage does not increase this probability.
v. causing ground, surface or saltate pollution triggered by coastal storm flowage;
There will be no increase in pollutants associated with the project.
vi, reducing the ability of the resource to serve as a wildlife habitat and migration
corridor through activities such as, but not limited to the removal of substantial
3
vegetative cover and/or installation of fencing and other structures which prevent
wildlife migration across property.
The property is located within in a residential neighborhood and does not provide
significant wildlife habitat, nor is it a migration corridor. The property has been
historically managed. There is no fencing proposed with the project to impede
wildlife access.
vii. prevention of the migration of resource areas such as salt marshes due to sea level
rise.
The coastal bank on the property is armored.
viii. If flood control and storm damage protection functions have already been
impaired, redevelopment must improve existing conditions by reducing impervious
surfaces, restoring flood control and storm damage protection functions, installing
native plantings, or by restoring or creating other wetland resource areas. And shall
meet the following requirements;
ix. Existing septic system and cesspool repairs will be allowed provided they meet all
Title 5 and local Board of Health thresholds.
The Contractor has reviewed the project with the Health Department and has stated
that the existing septic system is satisfactory for the new construction. The Building
Permit will require review and sign -off from the Health Department.
x. All groundwater elevations shall incorporate seasonable adjustments if test holes
and or leaching components are 100 feet or closer from major estuaries.
N/A
xi. Any proposed deck, shed, or other similar structure must be securely anchored to a
footing or foundation.
The new garage foundation will be constructed in compliance with the MA State
Building Code Standards for construction in a flood zone, as reviewed by the
Building Inspector.
xii. Any activity shall preserve existing soils, vegetation, and other natural conditions
that serve as buffers to coastal flooding and storm surges.
The property is a developed residential site. Construction will occur between the
house and the street, within an historically maintained area. The required
mitigation will replace existing lawn with 348 square feet of native vegetation,
adjacent to the coastal bank.
(c) Additional Performance Standards within the MoWA
Within the MoWA, in addition to the general performance standards set forth in
Section 4.10 (3)(a), the following additional performance standards shall apply:
4
i. The new construction and footprint expansion of any building or other structure,
road, impervious surface, or septic system shall be permitted, subject to the other
provisions of the Bylaw and Regulations, provided that any building or occupied
structure shall be elevated at least two (2) feet above the BFE.
The garage is to be constructed compliant with MA State Building Code Standards
for construction in a flood zone. There is no living area or utilities below elevation
13 feet.
ii. No new construction or expansion of any structure that redirects or channelizes
floods including retaining walls, fences, and sea walls shall be permitted.
The proposed construction will not redirect or channelize flood waters.
iii. With respect to any building or other structure, in the event of any substantial
repair of the foundation, any substantial improvement, the entire building or structure
shall be elevated at least two (2) feet above the BFE.
The proposed construction does not constitute substantial improvement to the
existing dwelling.
Construction in a riverfront area
The entire project footprint is located within the riverfront area of Bass River,
straddling the boundary of the inner and outer riparian zones. In accordance with 310
CMR 10.58(5), Redevelopment Within Previously Developed Riverfront Areas;
Restoration and Mitigation:
Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing
authority may allow work to redevelop a previously developed riverfront
area, provided the proposed work improves existing conditions.
Redevelopment means replacement, rehabilitation or expansion of existing
structures, improvement of existing roads, or reuse of degraded or previously
developed areas. A previously developed riverfront area contains areas degraded
prior to August 7, 1996 by impervious surfaces from existing structures or
pavement, absence of topsoil, junkyards, or abandoned dumping grounds. Work to
redevelop previously developed riverfront areas shall conform to the following
criteria:
a.) At a minimum, proposed work shall result in an improvement over existing
conditions of the capacity of the riverfront area to protect the interests identified
in M.G.L. c. 131 § 40.
• The Applicants propose to replace 348 square feet of lawn adjacent to the
coastal bank with native plant species.
• Roof run-off is to be directed to subsurface drywells.
(c) Within 200 foot riverfront areas, proposed work shall not be located closer to
the river than existing conditions or 100 feet, whichever is less, or not closer than
existing conditions within 25 foot riverfront areas, except in accordance with 310
CMR 10.58(5)0) or (g).
5
The existing porch is located 45 feet from the top of coastal bank. The garage will
be located 81 feet from the resource area.
(d) Proposed work, including expansion of existing structures, shall be located
outside the riverfront area or toward the riverfront area boundary and away from
the river, except in accordance with 310 CMR 10.58(5)0) or (g).
The proposed construction is located on the street side of the existing dwelling,
away from the river.
g) When an applicant proposes mitigation either on -site or in the riverfront area
within the same general area of the river basin, alteration may be allowed
notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square
feet of at least 2:1 of mitigation area to area of alteration not conforming to the
criteria or an equivalent level of environmental protection where square footage is
not a relevant measure.
There is a proposed 174 square foot net increase of hardscape on the property,
proposed over existing lawn and landscaped areas. As mitigation, the Applicants
will replace 348 square feet of lawn adjacent to the coastal bank with native
plant species, as shown on the Site Plan.
0
92/ 23/
POLLEY CLIFFORD
48 GRANDVIEW DR
SOUTH YARMOUTH, MA 02664
92/ 22/
MUSCATEL JOHN A TRS
MUSCATEL BARBARA A TRS
P O BOX 470
WINDHAM, NH 03087
92/ 21/
MANZOLINI KEVIN
MANZOLINI BONNIE
2 CATALPA LN
MENDON, MA 01747
92/ 20/
ROGERS JENNIFER S TR
NASSAR JESSICA A TR
151 COVENTRY LN
NORTH ANDOVER, MA 01845
92/ 19/
GIANNACOPOULOS ARTEMIS
GIANNACOPOULOS PETER
11 EDGEWATER DR
NEEDHAM, MA 02194
92/ 1/
THE MARIA FARINA LLC
79 FESSENDEN ST
NEWTON, MA 02460
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
40 Grandview Dr., South Yarmouth, MA 02664
Assessors Map 92, Lot 21
Andy Mghado, Director of Assessing
December 19, 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 Kevin & Bonnie Manzolini.
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 40 Grandview Drive, South Yarmouth.
D. Proposed work is raze and replace an existing attached garage.
E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation
Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more
information, call (508) 398-2231 ext. 1288.
F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's
representative. Applicant's phone number
Or Applicant's representatives phone number: 774-323-0603
G. Information regarding the date, time and place of the public hearing may be obtained by calling
the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288
H. Person sending this notification (applicant, representative or other)
Name Hamlyn Consulting
Address 690 Thousand Oaks Drive
Town Brewster State MA Zip 02631
Telephone 774-323-0603
NOTES:
• Notice of the public hearing, including date, time and place will be published at least five (5)
days in advance in a newspaper of general circulation.
• Notice of the public hearing, including date, time and place will be posted in the Town Hall not
less than forty-eight hours in advance.
• You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
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