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HomeMy WebLinkAboutNOI 4.3.2025 Prepared by: 349 Route 28, Unit D W.Yarmouth, Massachusetts 02673 61 Baker Road, West Yarmouth Notice of Intent Application Single-Family Home Improvement Project Town of Yarmouth Conservation Commission April 2025 Prepared for: Keith Felton 14 Fitch Farm Road Stearling, MA 01564 BSC Job #0101541.00 April 2, 2025 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRenzo, Conservation Administrator RE: Notice of Intent Application, 61 Baker Road, West Yarmouth, BSC Job #0101541.00 Dear Ms. DiRenzo and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of our client, Keith Felton (the Applicant), for a project located at 61 Baker Road, (the Site) in West Yarmouth. The proposed project includes the removal of a portion of the existing gravel driveway, grading for a new gravel driveway, removal of an existing shed, and the installation of a new gravel driveway and a new concrete slab for a garage. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. For more information, please refer to the attached Site Plans and attached narrative. Enclosed please find the Notice of Intent application and accompanying materials. If you have any questions or require additional information, please contact me at (781)-534-5301 Truly yours, BSC GROUP, INC. Lindsey Carle, CESSWI Associate/Ecologist cc: Keith Felton, 14 Fitch Farm Road, Stearling, MA 01564 Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Photo Pages 8 Abutter Information 9 Site Plans 10 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 2/2025 Page 1 of 2 Administrative Checklist Notice of Intent General Information: 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. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 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 7 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE X X X X X X X X X X Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 2/2025 Page 2 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 bdirienzo@yarmouth.ma.us and jjerolimo@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@yarmouth.ma.us Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF X X X wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 61 Baker Road a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41°38'48.3"N d. Latitude 70°14'57.0"W e. Longitude 22 f. Assessors Map/Plat Number 68 g. Parcel /Lot Number 2. Applicant: Keith and Clare a. First Name Felton b. Last Name c. Organization 14 Fitch Farm Road d. Street Address Stearling e. City/Town MA f. State 01564 g. Zip Code N/A h. Phone Number i. Fax Number Keeft@comcast.net j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Lindsey a. First Name Carle b. Last Name BSC Group, Inc. c. Company 349 Main Street, Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 781-534-5301 h. Phone Number i. Fax Number lcarle@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $220.00 a. Total Fee Paid $97.50 b. State Fee Paid $122.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The project proposes improvements to the property of a single family home. Proposed work includes the removal of the existing gravel driveway, grading, removal of an existing shed, the installation of a new gravel driveway, and a 28'x32' concrete slab for a new garage within the 100-foot Buffer Zone to Bordering Vegetated Wetland. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 30812 c. Book 144 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – 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). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement 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 enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes 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 MassMapper March 2025 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; 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. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. 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. Yes No 6. 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. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. 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 Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 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 housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). 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. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), 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. Plan of Land - Proposed Conditions Plan a. Plan Title Kieran J. Healy, PLS b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 3/27/2025 d. Final Revision Date 1" = 20' e. Scale USGS Locus Map f. Additional Plan or Document Title 3/6/2025 g. Date 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. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 832 2. Municipal Check Number 3/26/25 3. Check date 831 4. State Check Number 3/26/25 5. Check date Keith 6. Payor name on check: First Name Felton 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 61 Baker Road a. Street Address West Yarmouth b. City/Town 831 c. Check number $97.50 d. Fee amount 2. Applicant Mailing Address: Keith and Clare a. First Name Felton b. Last Name c. Organization 14 Fitch Farm Road d. Mailing Address Stearling e. City/Town MA f. State 01564 g. Zip Code N/A h. Phone Number i. Fax Number Keeft@comcast.net j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee $110.00 2 $110.00 $220.00 Town Bylaw Fee: $100.00 Legal Advertising: $10.00 Step 5/Total Project Fee: $220.00 Step 6/Fee Payments: Total Project Fee: $220.00 a. Total Fee from Step 5 State share of filing Fee: $97.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $122.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 61 Baker Road West Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 61 Baker Road in West Yarmouth, MA (the Site) consists of permitting home improvements including the removal of a portion of the existing gravel driveway, grading for a new driveway, removal of an existing shed, and the installation of a new gravel driveway and a new concrete slab for a garage (the Project). This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and the Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property is located at 61 Baker Road in West Yarmouth, is bordered by private residences, an undeveloped private roadway (Baker Road), and a Bordering Vegetated Wetland (BVW) located on the adjacent parcel to the southeast. The lot is currently developed with one (1) primary dwelling, one (1) shed, one (1) car garage, a gravel driveway, and existing underground utilities. The jurisdictional wetland resource areas that are protected under the Yarmouth Bylaw and the WPA include: • Bordering Vegetated Wetlands (BVW) 3.0 Existing Conditions Existing property features within the 0-50-foot buffer zone to BVW includes the existing shed and a portion of existing the gravel driveway. Existing features within the 50-100-foot buffer zone to BVW include the existing house, patio, driveway, and staircases. 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Proposed Home Improvements: The proposed project involves the removal of a portion of the existing gravel driveway and a small shed located along the southeastern portion of the property located within the 50-foot buffer zone to BVW. The project includes the installation of a 28-foot by 32-foot garage concrete slab and a new gravel driveway. Excavation of the garage foundation will be required install the new concrete slab. The concrete slab will be comprised of poured concrete. Grading within the 0-50-foot and 50-100-foot buffer zone will be required to install the new gravel driveway, which will provide connection from Baker Road to the new garage. A portion of the existing gravel driveway, located to the southeast of the house, will be removed along with the small shed that is located along Baker Road. The new driveway will be comprised of gravel material, like the existing. Additionally, a proposed 500-gallon drywell surrounded by 1-foot of stone will be installed adjacent to the new garage, outside of the 0-100-foot buffer zone to BVW. No fill material is proposed as part of this project. Proposed project activities will temporarily impact the 0-50-foot buffer zone to BVW by 265 sf due to the grading and the removal of the existing gravel driveway and shed. Removal of the shed and a portion of the driveway will result in a reduction of permanent impacts to the 0-50-foot buffer zone to BVW by approximately 220 sf. The project proposes 45 sf of permanent impact within the 0-50 foot due to grading the side slope of the driveway. The project proposes 3,285 sf permanent impact within the 50-100-foot for the installation of the new garage slab and driveway. Mitigation and Restoration: The Yarmouth Wetland Protection Bylaw and Regulations states that, “for 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 to restore, as much as practicable, both the dimensions of a 50-foot undisturbed buffer and its vegetation.” To mitigate disturbance within the previously disturbed 0-50-foot buffer zone where vegetation is required to be removed the project proposes to revegetate approximately 600 sf within the 0-50-foot buffer zone with plants chosen from the Barnstable County Cooperative Extension. Proposed plantings include 30 lowbush blueberry (Vaccinium angustifolium), two (2) Virginia rose (Rosa virginiana), four (4) Carolina rose (Rosa carolina), (2) mountain laurel (Kalmia latifolia), and four (4) bearberry (Arctostaphylos uva-ursi). Please refer to the Proposed Conditions Site Plan for further details. Notice of Intent 61 Baker Road West Yarmouth, MA Construction Sequencing: The proposed project activities will follow a typical construction timeline involving the installation of sediment controls at the limit of work, site preparation, establishment of staging areas, garage slab excavation, pouring of concrete, landscaping and driveway restoration, and final site stabilization with loaming and seeding of all disturbed areas. Typical construction equipment will be utilized for this project. Access to the site will be gained from the existing gravel driveway and the dirt roadway of Baker Road. 6.0 MITIGATION A line of staked straw wattles and/or silt fences will be installed at the limit of work prior to the start of project activities. These controls will remain in place and in operational condition until the final site stabilization is complete. All construction materials will be staged as far from resource areas as possible. All debris from the home improvement activities will be contained within appropriate receptacles and/or immediately removed from the Site. Upon completion of all construction work, disturbed areas will either be planted on with pasture rose bushes or loamed and seeded for stabilization. Copyr ight:© 2013 Na tion al G eo gr aphic So ciet y, i-c ubed 70°14'0"W 70°14'0"W 70°15'0"W 70°15'0"W 70°16'0"W 70°16'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: G:\GISPrj\10154100\Output\Maps\MXD\ReportMaps\USGSLocus\61BakerSt_USGSLocus_20250306.mxdDate Saved: 3/6/2025 3:43:45 PM TH IS DO CUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Sca le :Sou rce : 2 01 3 Nati on al Geo gra ph ic Socie ty, i-cub ed61 B AK E R R O A D US G S S ite L ocatio n MapWest Yar mou th, M A (P a g e s ize : 8.5 X 11) 1 in ch = 2 ,000 feet 0 1,00 0 2,00 0 Fee t H 1:2 4 ,0 0 0 ,PRO JEC T LO CATION National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to Levee Zone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood Hazard Zone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 3/4/2025 at 3:01 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°15'16"W 41°39'2"N 70°14'38"W 41°38'35"N Basemap Imagery Source: USGS National Map 2023 BERRY AVEABELLS RDKANES WAY THOMAS PATHS H O R E R D MAIN ST HEMEON DRSCHOONER STMASSASOIT RD WIMBLEDON DRSIBLEY DR C R E S T C IR DEON TER LEWIS RDMERRYMOUNT RDBROOKHILL LN SAGAMORE RD NANCY WAY STATE RTE 28 CHILTON RD BROADWAY ST PEARL ST HIGGINS CROWELL RDBAY RD BRADFORD RD FEATHER BED LN L E W I S B A Y B L V D CRUISER LNCARVER RD BAYBERRY RDSUMMER ST PINE CONE DRPINE STCADET LNSOUTH RDEMERALD AVE PRESTON WAY FRANKLIN ST PURITAN PATH HOLIDAY LN PRAM AVE HEDGE ROW WEST RD P R IN C E R D PILGRIM RD PROSPECT AVEMASSACHUSETTS AVEKEN'S WAY STSTANDISH WAYRAINBOW RD BREWSTER RD ARBOR ST CHESHIRE RDNORTH RDWINDE M ERE R D LIBERTY LN WATER ST YACHT AVE WEBSTER RD FRANKLIN ST EXD ALDEN RD WISTERIA RD VERMONT AVEVALLEY RDWINCHESTER AVECUTTER LN BERWICK RD COLUMBUS AVEMAINE AVECROWELL RDNEW HAMPSHIRE AVECHAMBERLAIN CTRUSTIC DRSPRINGER LNBAKER RDSILVERLEAF LNMAYFLOWER RDWILLIAMS RDTANGLEWOOD DRTRADERS LNYA R MOU T H 61 BAK ER RO AD THI S DO CUM ENT IS INT END ED FO R G EN ERA L PL ANN ING & INF OR MATIO N PURPO SES O NLY. A LL MEASUREMENTS & LOCATIONS ARE APPROXIMATE N H E SP Ma p Wes t Ya rmo u th , MA H File Location: G:\GISPrj\10154100\Ou tpu t\Maps\MXD\ReportMaps\NHESP\61BakerRd_NHESP_20250306.mxdDate Saved : 3/6/2025 3:55:37 PM 0 300 600 Fe et 1 i nch = 600 feet Re s ou rc e A re as R ev ie w e d: Are a s o f C riti ca l E n vir on m e nta l C o n ce rn ; C e ns u s 2 00 0 Stre a m s; Ch . 9 1 Ti de l an d s J ur is di cti on ; E nv iro n m en t Ju s ti ce Po p u la tio n s & L an g u a ge Ov er la y; FE MA 1 0 0 yr Fl o o dp l ai n ; H i ki ng Tra il s; In te ri m We l lh e ad P ro tec tio n A re a ; L a n dfi ll s ([N o t]C ap p e d, [U n ]L in e d , [In ]Ac tive , C lo s ed ); M AD E P H yd ro l og i c C o nn e cti on s ; MA D EP O il an d /o r H az a rd ou s M a ter ia l S ite s w i th Ac tiv ity a n d Us e L i mi ta ti o ns ; MA D EP Ti e r C la ss ifi ed Oi l a n d/o r H a za rd o u s Ma te ria l Si te s (2 1E ); MA D EP We tla n ds ; MA D FW C o ld w a ter Fis he ri e s R e so u rce s; M H C In ve n to ry; N H D H yd ro g ra ph y ; NH E SP C er ti fie d & P ote n tia l V er na l Po o ls ; N H E SP P ri o rity & Esti ma te d Ha b ita ts; N R C S H y dr ic S o il s; Op e n S p ac e A rtic le 9 7 La n d ; O uts tan d in g R es o ur ce Wa ter ; P u bl ic Wa ter S u pp l y; Su rfa ce Wa ter P ro te ctio n Zo n e; U S GS W il d & Sc en i c R iv e rs; Wate rs h ed Pr ote c ti o n A ct Zo ne s ; W sPA Affe cte d P a rce l s; Zo ne II We l lh e a d P ro tec tio n A re a Sc ale: Legend Pro je c t L o cati on NH ESP Pr iority H abi tats NH ESP Estimated H abitats ,PR O JE CT LOC ATI ON Photo 1: View of the existing one (1) car garage and gravel driveway located adjacent to 61 Baker Road. Facing northeast Photo 2: View of 61 Baker Road. Facing northwest Site Photographs 61 Baker Road West Yarmouth, MA 3/25/2025 Page 1 Photo 2: View of the portion of the existing driveway and shed that is proposed to be removed from within the 0-50-foot buffer zone to BVW. Proposed mitigation planting will be located where the driveway and shed will be removed. The proposed location for the 28’x32’ garage slab will be located within the 100-foot buffer to BVW. Facing southwest Photo 3: View of the existing lawn with the BVW located to the right-hand side off the property. Facing southeast Site Photographs 61 Baker Road West Yarmouth, MA Photos taken: 3/25/2025 Page 2 Photo 4: View of the BVW located off site. Facing southeast Site Photographs 61 Baker Road West Yarmouth, MA 3/25/2025 Page 3 22/ 77/ / / BISCOTO ANDRE S TR BISCOTO MELISSA F TR 103 YOUNGS RD LUNENBERG, MA 01462 22/ 78/ / / TRACY WILLIAM D 53 PROSPECT AVENUE WEST YARMOUTH, MA 02673 30/ 286/ / / CROWLEY DANIEL CROWLEY KAREN 82 WIMBLEDON DR WEST YARMOUTH, MA 02673 22/ 61/ / / MORAN ELAINE 4 WHIFFLETREE RD WEST YARMOUTH, MA 02673 22/ 62/ / / CAPORALE TINA TR THE TINA CAPORALE FAMILY TRUST 50 MINOT ST READING, MA 01867 22/ 63/ / / GRUPIN YAROSLAV GRUPIN MARINA 122 COLUMBIA AVE NEWTON, MA 02461 22/ 64/ / / AMELIA LOUIS R CO-TRS AMELIA DONNA M CO-TRS 102 WIMBLEDON DR WEST YARMOUTH, MA 02673 22/ 68/ / / FELTON KEITH ALAN ANDERSON FELTON CLARE A 14 FITCH FARM RD STERLING, MA 01564 22/ 67/ / / FELTON KEITH ALAN ANDERSON FELTON CLARE A 14 FITCH FARM RD STERLING, MA 01564 22/ 81/ / / FORDIANI GINO 52 PROSPECT AVE WEST YARMOUTH, MA 02673 22/ 82/ / / MELETIADIS LYDIA TR C/O DIAMANTOPOULOS P O BOX 593 WATERTOWN, MA 02472 22/ 69/ / / TOWN OF YARMOUTH CONSERVATION COMMISSION 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 22/ 76/ / / PALHARES JEFFERSON D 59 & 61 PROSPECT AVE WEST YARMOUTH, MA 02673 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:61 Baker Road, West Yarmouth, MA 02673Assessors Map 22, Lot 68______________________________________Andy Machado, Director of AssessingMarch 7, 2025 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is _Keith and Clare Felton_______________________________ 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 _61 Baker Road, West Yarmouth, 02673 D. Proposed work includes the removal of the existing gravel driveway, grading, and removal of a shed within the 50-foot buffer zone to BVW and the installation of a new gravel driveway and a concrete slab for a garage within the 100-foot buffer zone to BVW. 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 __781-534-5301_________________________ 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 __Lindsey Carle_____________________________ Address __349 Main Street, Route 28, Unit D__________ Town _West Yarmouth______ State __MA_____ Zip __02673_______ Telephone ___781-534-5301__________________________ 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.